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Backup Documents 04/13/2021 Item #16C1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO C. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office S 12 4. BCC Office Board of County tbt Commissioners 5. Minutes and Records Clerk of Courts Office -zi =qb PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jay Malamphy Phone Number $402 Contact/ Department Agenda Date Item was April 13,2021 Agenda Item Number 16C1 Approved by the BCC Type of Document Amendment of Conservation Easement Number of Original Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? S-E,A 6 K N/A 2. Does the document need to be sent to another agency for additional signatures?' If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed glry ��j by the Office of the County Attorney. v�� 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on April 13,2021 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revis 1.26.05 's 5;Revised 11/30/12 tbc1 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Thursday, July 1, 2021 2:42 PM To: MalamphyJay Subject: Item #16C1 (4-13-21 BCC Meeting) Amendment of Conservation Easement Attachments: Amendment to Conservation Easement.pdf Hi Jay, A copy of the (recorded) Naples 13otanical Garden "Awtendwtevt of Conservation Easement" (Itev►n #16C1 4-13-21 13CC Meeting) is attached for your records. A receipt is included (attached page 2) Thank you! Ann Jenne,jotin 13MR Senior Deputy Clerk 11 1ttT<<K:k Clerk to the Value Adjustment Board �.�� ••,' Office: 23 9-252-8406 Fax: 239-252-8408 (if applicable) Ann.Jennejohn@CollierClerk.covvt Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tawtiawti Trail, Suite #401 Naples, FL 34112-5324 www.CollierClerk.com INSTR 6086317 OR 5972 PG 2871 RECORD CLERK OED 6/ THE28 CIRCUIT i6C 1 /2021 4.48 PM PAGESCO 17 F COURTAND COLLIER COUNTY FLORIDA COMPTROLLER Return to: DOC@70$0.70 REC$146.00 SFWMD 33301 Gun Club Road West Palm Beach, FL 33406 AMENDMENT OF CONSERVATION EASEMENT This Amendment Conservation Easement ("Amendment of Conservation Easement") is made this 13 day of , 2021 by Naples Botanical Garden, Inc., a Florida not-for-profit corporation, ("Grantor") having an address of 4820 Bayshore Drive, Naples, FL 34112 with the concurrence of the South Florida Water Management District("District") having an address of 3301 Gun Club Road, West Palm Beach, Florida 33406, and Collier County, 0 having an address of 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 ("County"). ow U o WITNESSETH: wF5. Cea o WHEREAS, Grantor granted in favor of the District and County that certain Deed of co 0 Conservation Easement dated February 18, 2005 and recorded May 18, 2005 in Official Record a c Book 3801 at Page 2423 of the Public Records of Collier County, Florida(hereinafter referred to a as the "Conservation Easement") encumbering the real property described on Exhibit "A" a o°o attached hereto and made a part hereof(hereinafter referred to as the "Original Premises"); and fpNCJ� o WHEREAS, Grantor hereby grants to the District and County a perpetual conservation V w easement as defined in Section 704.06, Florida Statutes, over the property described on Exhibit o Dog "B" attached hereto and made a part hereof(hereinafter referred to as "Additional Premises"). to'1 o c The Grantor is the fee simple owner of the lands described on Exhibit"B"; and I O �U ,„1- w o w WHEREAS, the Conservation Easement over the Additional Premises described in Exhibit "B" shall be subject to all the provisions and restrictions of the Conservation Easement recorded in Official Record Book 3801 at Page 2423 of the Public Records of Collier County, Florida; and WHEREAS,Grantor requests the District and County amend the Conservation Easement to release the Conservation Easement with respect to only that portion of the Original Premises described on Exhibit "C" attached hereto and made a part hereof(hereinafter referred to as the "Release Parcel"); and WHEREAS,the District and County are amenable to release the Conservation Easement only with respect to the Release Parcel. NOW, THEREFORE, for good and valuable consideration, consisting of the addition by Grantor of certain property to the Conservation Easement and relinquishment by District and County of certain property formerly encumbered by the Conservation Easement (as more specifically described in this Amendment to Conservation Easement)the adequacy and receipt of Page 1 of 3 16C 1 which are hereby acknowledged, the District and County hereby amend the Conservation Easement to discharge,terminate and release the Conservation Easement with respect to only the Release Parcel, without impairing the operation and effect of the Conservation Easement as to the remainder of the original premises which are not contained within the Release Parcel, (the original Premises less and except the Release Parcel is hereinafter referred to as the "Remainder Premises"). The District and County are also agreeable to accept a conservation easement over the Additional Premises shown on Exhibit "B". The Conservation Easement shall remain in full force and effect with respect to the Remainder Premises and shall remain unaffected by this Amendment of Conservation Easement. All references in the Conservation Easement to "Property" shall hereafter mean and refer to the Remainder Premises and Additional Premises. IN WITNESS WHEREOF,the Grantor and District have caused this instrument to be executed the day and year first above written. Naples Botan. ,1 Garden, Inc., a Florida not- for-profit co,.ora By: AL g Donn Presi•, O STATE OF FLORIDA ) COUNTY OF Col(C_Olk e rt— ) The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online notarization this Z day of , 2021,by Donna McGinnis, as President& CEO, on behalf of Naples Botanical Garden Inc., a Florida not-for-profit corporation. C-f4tIC IA it_ C__ ,( , Signature of Notary Public • ANNETTE MARIE WINKLER ' �1 Notar POI St f Florida -- Prin l;•��d oao 'nta�l>>p� ame or r. ' My Comm.Expires Jul 28,2022 F Bonded through National Notary Assn. My (_, nrnri<sstvirZIXp - — — — ill Personally Known ✓OR Produced Identification Type of Identification Produced (signatures continued on next page) Page 2 of 3 1 6 C 1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: AjAak_li..A Print/Type Name:tke\'‘s,c,V,A, Q..\..t cis Title: "?..xc :\e '�440A'‘,..'. r STATE OF FLORIDA ) COUNTY OF LL- ) The foregoing instrument wa,s.packnowle ged before me by means of.physica resence or ❑ online notarization this 3' 'ay of 2021, > by (name of person acknowledging). ,$)ick..4.4.4 BARBARA FIELDS Signa ure of Notary Public t Notary Pubt c-Stets of Florida i 14 Comrniasion s HH A6121 1 1 My Commission Explres $1' Oatobar 00. 2024 'a������urPrinted, Typed or Stamped Name My Commission Expires: Personally Known ✓ OR Produced Identification Type of Identification Produced DATED: J(..1 ag. at ! ATTEST: BOARD F UNTY COMMISSIONERS CRYSTAL:K. KINZEL, Clerk COLLI NTY, FLO r:. orx l l' �1440 C . By: . Clerk • o al fiignahtre only. , Penny Taylor,Chairperson Legal Form Approved May 2020 Approved as to form and Irttality Document re-recorded to add exhibits C.A.and C which were erroneously l. - (0 ,Mo 1 omitted from the Amendment of Assistant County t ii licy Page 3 of 3 Conservation recorded in OR 5973 PG 903. 16C i tan: 3620625 OR: 3801 PG: 2423 NC tm 11.N • NM PP/ 1111 I0111 name ii the on icm woos 1f cairn cam, n l/c-.11 .11 1I!IWII1c1 HI NON1S/11/1MS at 11:11Y IRvt I. ■OCL, C& 1 01111I 10.M $ II* 12li A ,_,,�I ...� ..• .... DEELIXECCaminixammeitt TfrilS DEED OF rSERVATION EASEMENT is given this /3 day of 20�,,by (address _...... — ("Grantor) to 1f>• ('Grantees'). As used heroin, the term Grantor shag include any and ail heirs, eucoeseors or assigns of the Grantor, and ail subsequent owners of the 'Property' (as hereinafter defined)and the term Grantees shall include any successor of Grantees. WITTIESSETH WHEREAS, the Grantor le the owner of certain lands situated In Pillar County, Florida, and more specifically described In Exhibit A attached hereto and kroorpo ated herein(*Property");and •yAit CCU WHEREAS, the ('Projeof) at a site in • r►� , which is • • Sc) regulatory juriodictlon of South Rorida Water Mainivisak ....-► and •• County;and WHEREAS, I i �:'�- + which affect surface � � :� �+- s � !11, � y/ ' '� " certain activities � � E~ WHEREAS. this 4 requires that ,: r „ • wetlandsand/or magi. under the ' •id ,idiom,end �' O WHEREAS, the c �r+�1 �d developed . ,. .. as Part of the permit °0ndM0f s a 0ofservat t 4: I ��' I • • preservation of certain wetland and/or upland systems on WHEREAS.the Grantor, In consideration of the consent granted by the Permit,is agreeable granting and securing to the Grantees a perpetual, non-exclusive easement as defined in Section 704.00, Florida Statute (2000), over the Property,subject to the terns and conditions contained herein.. NOW, THEREFORE, In consideration of the issuance of the Permit to construct and operate the pen idUsd activity, and as an Inducement to Grantees in issuing the Permit,together with other good and valuable consideration,the adequacy and receipt of which Is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual, non-exclusive conservation easement for and in few of the Grantees upon the Property which shall run with the lend and be binding upon the Grantor, and she. remain In full force and effect forever. 16C 1 . • r- r i i OR: 3801 PG: 2424 The scope, nature, and character of this conservation easement shell be as follows: 1. It is the purpose of this conservation easement to retain land or wrier areas in their natural,vegetative,hydrologic,scenic,open, agricultural or wooded cardNon and to retain such areas as suitable habitat for fish, plants or wilds. Those wetland and/or upland areas included in the conservation easement which are to be enhanced or created pursuant to the Permit shal be retained and m■irrtained in the enhanced or created conditions required by the Permit. Tocary out this purpose, the following rights a conveyed to Grantees by this easeme a. To enter upon the Property at reasonable tunes with any necessary equipment or vehicles to enforce the rights herein granted In a manner that will not unreasonably interfere with the use and quiet enjoyment oldie Property by t%narapr at the dms of such entry;and WRCOt. b. To - • / u , to enforce the Property that r inconsistent with this conservation . of such areas or features of the Property that may . ,• . , • . .. ,. or use. 2. Except for tar* A` u'ttnint.! ' .! permitted 'nont ad% acdvMMs, or surface r**+ `r, %ram' or required by the Permit and all . . . eat; hereunder or permitted under paragraph Vase • ra rani:. " . .;* . . . . . In or on the Prep- a. Con . '� or of-'� • v • placing . .s, billboards or atlas advertising, utilities,cc other .'1r'. ' on or above • .; b. Dumping or • subetanos or material as landfill, or dumping or pladng of trash,welts,or uns 7 or offensive maisriaie; c. Removal or destruction of trees, shrubs, or other vegetation, except for'the removal of exotic or nuisance vegetation In accordance with a Diablo approved maintenance plan; d. other materiel substances s�uc�, m ierr as to affect the surfa or removal of aP pawl.Boll,rock,or a. Surface use except for purposes that permit the land or water area to remain in its natural condition; Ss„W see ML.MOIM ars • Is*, ... 16C 1 • s .: . A_.. OR: 3801 PG: 2425 • ..c . /0 . I. Activities detrimental to drainage, flood oorrbrol, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not Nmited to,ditching,d idrg and fencing; . g. Acts or uses ds4lments to such aforementioned retention of land or water areas; h. Acts or uses which we detrimental to the preservation of any feaknes or aspects of the Properly having historical or archasologiod sigrrlfiosnos. 3. Passive Recreational Faclltlss. Grantor reserves al rights as owner of the Property, including the right 10 engage in uses of the Property that are not prohibited herein and that are not inconstant with any DIM or Collier County rule, curia,the Permit and the intent and purposes of this Conservation Easement. Notwithstanding the foregoing, Grantor egiresely reserves the right to conduct the following activates on the Property and such uses are expressly approved by Grantees: a. The Gna 4, ... , , . , doming for the purpose of and • ••- • ' _ pervious faclNlss as docks, boardwalks • r"'' • waiidng trails. \ b. Th :':e ' " '� _iirlil .tip •thepassive reasatlored faclNieslir . . - III 011 I. .: • 4.. ' •_ _ , to the fullest extent impart to any ;, buffer anew within the • • • materially diverting the d ► . r� • nabsal surfac• Easement e �r� such area; O il. - - . , shall be constructed and maintained ..7.: :ell.' - ., , Practices; M. This conservation easement shall not constitute permit authorization for the construction and operation of the passive recreational facilities. Any such wont shal be subject to al applicable federal.stabs.DMtrkt or ford permitting requkemenb. 4. No right of access,by the general public to any portion of the Property Is conveyed by this conservation easement. 5. Grantees sisal not be responsible for any costs or fieblitiss related to the operation,upkeep or maintenance of the Property. 6. Grantor shell pay any and all real property taxes and assessments levied by competent authority on the Property. w..411110111 w,w.a.o11w 1 6 C 1 AOR: 3801 PG: 2426 !'. ,„ L �'.. .L . .. 7.. Any costs Incurred In enlacing.Judicially or otherwise,the terms,provisions and restrictions of this commotion easement shall be borne by and recoverable against • the nonprsvaiHng party In such proceedings. 8. Enforcement of the temr, provisions and restrictions of We oonuervalon easement shah be at the reasonable discretion of Grantees, and any imbsaranos an behalf of Grantees to exercise their rights hereunder in the event of any breach hereof by Grantor,shall not be deemed or consbued to be a waiver of Grantees'rights hereunder. 9. Grantees wil hold this conservation easement exclusively for consmovalion purposes. Grantees will not assign their rights and obligations under this domination easement except to another organization qualified to hold such interests under the applicable stab laws. 10. If any provision of this conservation easement or the application thereof to any person or circumstances is • • .- .. .. - the remainder of the provisions of this conservation easement shall e* conservation easement Is • - V •. i M Pu�oee d tie 11. • All notices, ':.. Icatio shereunderIs>�r �. � .. • . � shall be in wrung and shall • Stales conked ma, return nndsipt requested •, • "i�' iir 12. This •. 1._.. .,._ . released or only by written + . ' . pa . ed Al, ti fair heirs assigns successors-In-interest, ' '7r, be flied in the ..? .` In County. 140/1 TO HAVE AND TO ' '`�� The covenants. *MIN conditions, restrictions and pu .. ,� �, '• �'• .conservaton easement shall binding upon Grantor,.and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantees that Grantor Is lawfully seized of said Property In fee simple; that the Property is free and clear of all encumbrances the are inconsistent with the Isms of his conservation easement and ai mortgages been Joined or subordinated; that Grantor has good right and lawful � to haveconvey this conservation easement;and that it hereby fully warrants and defends the tile to the conservation easement hereby conveyed against the lawful claims of all persons whomsoever. •••raw..are••a••0w ism •IIMUi.• i 1 6 C 1 . • , ; ? _. /. o OR: 3801 PG: 2427 IN WITNESS WHEREOF, c. 4Dd ''�. v,i„rf has hereunto set its authorized hand this /�`y day of eArvLG' ,20 Signed,sealed and dellwred it/datile.-1 ,i`,gill/i 1g/44i- 'A' 2;a . In our presence as witnesses: A FbAda corporation BY: ,, Nam : v a cit." E. 2,-flAil --•41w Print Name: . , ,J;*11rr -,16nc vjelf„.1.14 Title:Pl ;,,a+l.74 P. 1 Print Name: Eta E N M . 5-c rf,r,,c r STATE OF FLORIDA • )ss: COUNTY OF C&+i- 4E y��R CO&k • On this I • 41• of FF uAfz• , 2005 before me, the undersigned notary . • • , *•• •. . :•• 1lumws , penortally taketo me to be the . .�„i . . . • • ng Instrument and did not ake an oath, as • • ��-i':-y�j, of (corporeon)NAP _turf,. . TIP lift , . • , '1e eroscutsd the aims on • •"1 :X.-•-,• • .� wee duly authorised to do so. IN WITNESS WHER , hereunto set my4. 9. official seal. NOT��A``RYY�n,PUBLIC,STATE OF FLO- • CIRCA Print Name: C ItRiS•wit L. twit-no.. .Zl & . .• -.ri vi, 1 - 4 ft Nook �°F"O. m�0� OWN My Commission Expires: Moe zv,2065 sew 1=r.:�aowN w. 16C 1 A. :, OR: 3801 PG: 242/8 • L Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,Clerk COLLIER COUNTY, FLORIDA .C;r..r';,. FEED W.CO'ILE, -sYs , a 1*in'stmt.By, ' :-(1,04i1c40,0c BY: /tAji- W. cCH1: Approved as to form and Legal sufficiency: / - 1ER Cp�, 6 � .?„ 4_.. arjorie M. Student i' 16)JAssistant County Attor - w t� \ V H n - - 0 1 16C 1 A i� ILt: ..1d_. OR: 3801 PG: 2429 • imp ;t; I . : ..,::::::Atiw .::::: . I■ Aw t I� I"rt r.inr-...,NNMI IU " 1 I I I I I ! r I ! ! IITgurr 1 `` ifNI i7r • � . .41 i I I I I I i 1 ' 1� ► T .11 n !_ 1. H 14 it'C6..& 9 ::l ::::::: �� triE c l'kl°ENEERE *414444 ' •, ttqr.. ��� -`-'. I E3E22311 �It�k�rr�t1 "le11 / .: 1 "LIe 1 i giRN l!R g- X Of , 1 0 1L4 Iiiiiii1111 1 kF4 1 IQ 1 1 ! f fp - IN ���n �O���� I • 1 ' F.' . iki. l‘''.. . I 1 `i {, Y L� _ Ery_ i M I . . 16C 1 'age 2 of . • �,t{ar. • LEGAL DESCRIPTION OF CONSERVATION EASEMENT"A' c ,,,r• ta t Being a Part of Section 23.Collar County:Flaride. „h, 8 _.. .. . 1-4•1Com mendng at the North 1/4 corner of Section 23,Township 50 South,Range 25 East,Collar County,Florida: Thence South 0012'51'East 49.97 feat to a point on the South right-of-way of Thomasson Drive; Thence along said South right-of-way line South 8916'30"West 1,222.48 Iasi Thence 78.48 feet along the arc of a dradar curve concave southeast having a radius of 50.00 fist through central angle of 89'54'49'and being subtended by a chord which been South 44100S•West 70.88 fist: Thence leavingThence ab right-of-my Ins of Fern 8'1 Street South 00•39"East 1,111.39 fast; said Hwy line South 78'41'53'fast 147.61 feet to the POINT OF BEGINNING: coThence 11.49 feet along the arc of a drcular curve concave southwest having a radius of 655,34 cepfeet through central angle of 01'001 T chord being subtended by a which bears North Nor 30'5104"West 11.49 feet to a point of reverse curvature; Thence 135.30 feet along the arc of a circular curve concave east,having a radius of 123.20 fast through a central angle of 82'55'28'subtended by a chord which bears North 0O'08'3Y East 128.60 feet to a point of reverse curvature; .,y Therm 207.40 het along the arc of a •• - ' .• west,having a radius of 232.58 hest do through a central angle of 51'05' . * 't" ' 1 ` ich beers North 06'O1.2p•East c+, 200.59 feet: . Thence North 47'64'58"Wes • a Thence North 02'04'34" • CD Thence North 18'54'30N 4-•1 • Thence North 89'45'48 Thence South 78605'49" : •' i ••iinr`41 T Thence 114.57 feet along Cil&�++�� soullvaisst having radius of 64.41 feett 1 • .4 .. / ''.7.7 '_ •~ by a chard which bears South 35'01'37' t�1.1 • • - Thence South 08'02'25' YF•7.07 het; I.:. Thence 287.81 feet along t �'� • a non-ta , . 1' radius of 240.11 feet "4' ficoncave r south having a through angle of 88'3T.� � subtended by a chord which bears South 78'24'59"West 2 , v"' •• radio of 235.38 feet through a • ' .rr• i , (!,.- • being subtended by a chord which bears South 63.5921"West 285.88 , Thence 196.14 feet along the arc of a non-tangential circular curve concave southeast having a radius of 179.00 feet through a central angle of 82'3428"and being subtended by a chord which beers South 52.4801"West 188.54 feet; Thence South 22'20'03'East 152.85 feet; Thence South 83'06'40'West 288.48 feet to the POINT OF BEGINNING. Containing 15.34 acres more or less. Subject to easements and restrictions of record. Bearings are based on the South right-of-way of Thomasson Drive,being South 89'1820'west. Certificate of authorization#1B-43. WssonMAller, Inc. Registered ngineers and yore - :.. • By: Date I Thomas J. ,Professional Surveyor and Mapper#LS5804 . Ref:4D-127 _ :� • Not valid unless embossed with the Professional's seal. - • . Naples • Fart Myers • Sarasota • Tampa • Panama Clip Soma* • Tallattassaa 00.11 3200 Balky Lane,Sub202•Naples,Fkddr 34105.239-649-4040 IN 239 61l?-5716 gg Maur MaluawMeM.aa. WMonN/0.4Mc.-FL Llc./LC-0000170 CA 43 16C 1 �ttf , . .: • 'ti ' ! tr % r • ,}I • -.,;• ; n.• . ti :Nthibi A • . ••- '' '• r. : ". . . :" Page4of4 • LEGAL,DESCRIPTION OF CONSERVATION EASEMENT'C' •••*:;,TM...� ..:.•. /Y... BsingPart of Lot e0 of Naples Grove And Trucking Company's Little Farms N.O.2.Plat Book 1,Pape 27 of Color County,Florida. Commencing at the North 1/4 corner of Section 23,Township 50 South,Range 25 East, Collier County,Florida; Thence South 00'12'517 East 49.97 feet to a point on the South right-of-way of Thomeseon Drive; Thence along said South right-of-way Tine North 89'46'23'East 290.11 feet to the POINT OF BEGINNING;Thence continue along said South right-of-way time North ers 8946'23'East 449.02 feet op eV Thence leaving said South right-of-way line South 12'30'34'West 14.80 feet •• Thence South 42601'1 r West 125.02 feet; la Thence South 56'22'39'West 127.55 feet; r,, Thence North 89'44'36"West 123. • o Thence North 79'04'54"west y COt j M Thence North 1r35'3r w - . a nc Thee North 39'24'53'W 7 feet to the POI'• • - ;EGINNING. N , Containing 1.30 acres Subject to easements a , , *'s Bsarfrgs are tensed on "!fit *,y NC TA. being South • 89'16130"West. , is OIL` _ Certllcate of authorize' • .• . ... WMonMller, Inc. Cl. �� 0 • ,- Registered Engineers and 0 -yors G '�+s Byfig$06014 1. Thomas J. • rson, • • . • `-% �+•�1 nd Mapper/LS5804 ��� , ^Rs(4D-127 Er.'5 Not valid unless embossed with the Professional's seal. .:`_ Naples • Fart Myers • Sarasota • Tuna • riaaina City leash • Tallahassee 3200 Silky Carte,Suer 2 0•Aigbs.Florian 34105.239 649-04O'= 239-643-5716 Nrww wMewwM►aom WlbonMII,,../nt.—ft LIGI LC•COOONO CA 43 1 6 C ! }., n, ' Exhibit••A • . Page 3 of 4 • ;. ; ,f �• LEGAL DESCRIPTION OF CONSERVATION EAS ENT'B.. Being Park of Lots 62&83 of Naples Grove And Truddng Company's Little Farms NO. 2 Plat Book 1, Page 27 of Collier County,Florida. , . A • Commencing at the North 1/4 corner of Section 23,Township 50 South,Range 25 East, Collier County,Florida . • Thence South 00°12'51"East 49.97 feet to a point on the South right-of-way of Thomaason Drive; +s Thence leaving said South right-of-way South 00°42'31"East 827.27 feet;Along the it North-South 1/4 Section Line at said Section 23. Thence ence leaving North-South 1/4 Section line of said Section 23, ' North 89'41'12*East 95.04 feet; CM Thence South 00°18'48"East 33.06 feet to the POINT OF BEGINNING; ' Thence North 89°40'40"East 136.63 feet~ es... ._ • Thence South 83°08'15"East 113.26 feet; Thence South 21°16'10°West 18. • : •,, co Thence 184.55 feet along the a, t• : - it* .rcular curve concave east having eo a radius of 339.02 feet thro • L . , =I angle o ._ • and being subtended bya chord which bears South I : - • West 182.28 fee O� Thence 126:63 feet alo • - ,• • :, tial •• - - curve concave northwest having a radius of 80.02 -: I .. . . .. : •h,le of . 0 : 57"and being subtended •s bye chord which bears •• T.:441 • • f'" Thence 154.21 feet alo • , `�! R .!'�having a radius ofe 1t al ' M �, 1' ` rve concave so st y ! an9 • • ' 1'41°and being subtended by a chord which bears .! , 48 : : , Thence South 45°56'32 41.26 feet; ,� Thence North 31°19'55" :' 5.17 feet; - 0 Thence North 18°3T40" Thence North 00'45'18"Wes .t r feeh ��r G Thence North 08°13'09"East 1 ; • _ . C Thence North 28'17'08°East 88.83 : : - •INT OF BEGINNING. Containing 1.98 acres more or less. Subject to easements and restrictions of record. Bearings are based on the South right-of-way of Thomasson Drive, being South 89116'30"West. Certificate of authorization#LB-43. WilsonMiller, Inc. Registered Engineers and nd Surveyors • , By:l pM,a., Date I-1a:a S-7• Thomas J.An erson, Professional Surveyor and Mapper#LS5804 ?— Ref:4D-127 Not valid unless embossed with the Professional's seal.. Maples • Fart Myers • Sarasota • Tampa • Posen* City Sea** • Tatrseassee 3200 Bailey lam,Su/le 200•Naples,F7oviaa 341a5.239-649-4040 tit; 239-643-5716 www.rdhae tMlfsccom wuronwu ,Ire _a LK.Itac000wo CA.1 16C 1 M.1 DESCRIPTION A PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY AS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 23; THENCE S.00'32'06"E., FOR 50.04 FEET TO THE SOUTH RIGHT—OF—WAY LINE OF THOMASSON DRIVE; THENCE ALONG SAID SOUTH RIGHT—OF—WAY LINE S.89'16'52"W., FOR 50.02 FEET; THENCE LEAVING SAID SOUTH RIGHT—OF—WAY LINE, S.00'43'08"E., FOR 10.00 FEET; THENCE S.89'16'52"W., FOR 1,172.50 FEET PARALLEL TO SAID SOUTH RIGHT—OF—WAY LINE TO A POINT ON A CURVE; THENCE SOUTHWESTERLY 62.68 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET THROUGH A CENTRAL ANGLE OF 89'46'49" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.44'15'23"W. FOR 56.46 FEET PARALLEL TO THE EAST RIGHT—OF—WAY LINE OF HAMILTON AVENUE; THENCE S.00'37'54"E., PARALLEL TO SAID EAST RIGHT—OF—WAY LINE FOR 1140.68 FEET; THENCE S.00'25'47"E., FOR 403.79 FEET I TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE N.89'38'50"E., FOR 26.68 FEET; THENCE S.53'14'56"E., FOR 32.81 FEET; - THENCE S.08'13'30"E., FOR 70.13 FEET; THENCE 5,17'1 1'18"E., FOR 61.94 FEET; THENCE S.15'1 1'14"E., FOR 117.54 FEET; THENCE 5.07'21'04"E., FOR 13.10 FEET; THENCE S.89'38'50"W., FOR 112.08 FEET; THENCE N.00'21'10"W., FOR 275.17 FEET TO THE POINT OF BEGINNING OF THE PARCEL I DESCRIBED HEREIN; CONTAINING 21,316 SQUARE FEET OR 0.49 ACRES, MORE OR LESS. I I I 8 II a MICHAEL A. WARD DATE PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. LS 5301 SEE SHEET 2 FOR NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SKETCH OF DESCRIPTION SURVEYOR AND MAPPER. THIS IS NOT A SURVEY A PARCEL OF LAND e810 WAbw Park Dr.,sulfa 200 LYING IN Nagsa,Flab.34109 SECTION 23,TOWNSHIP 50 SOUTH, RANGE 25 EAST Fax (239)597-0575 COWER COUNTY,FLORIDA FaxLB�z No. 257e ENGINEERINGO 895asz JOB NUMBER I REVISION SECTION �F' I SCALE DATE DRAWN BY FILE NAME SHEET 200025.00,00-061OU 1 23 I 5. 1 25 I r'-'20 112110120I WF 1 002 S0-4 I 1 OF t 16C 1 r_J - - NO-AM wx, - - - - - - - ,-I - - THOMASSON DRIVE — (STATE ROAD/e5e) — 100' RIGHT-OF-WAY L3- iOUTH 11/1Y — — — — \\_____.. _ L4 POC. — -- I NORM 1/4 CORNER OF SECTION 23, TOWNSIRP 50 S., RANGE 25 E. g - - - --- _ CURVE TABLE I I w CURVE LENGTH I RADIUS , DELTA CHORD BEARING I CHORD] I < . Cl ' 82.88' ' 40.00'+8r46'49- I S44'15'23'W 158.48' i , _ UNE TABLE I I UNE• BEARING 1 LENGTH i A J (THE BOTANICAL GARDENS) L1 S00'32'08"E 30.04' I ' �'r''n+ PARCEL NO. 003955fi0200 L2 + S89'18.5YW 50.02' o+ liIg �—L3 SOO'43'0a'E 10.00'L4 S89'16'52"w _: IS I 1 I I 1172.50' i �• LS N69'38'SO"E I 26.68' �' 4.9 I d POB y a N L8 S53'14's6"E 32.81' I i ___ . L7 S08'13'30"E I 70.13' i L8 S1T11'18"E I 61.94' ' !s I I / I L9 515'11'14'E 117.54' i I ce' I ' L10 S0721'04"E 13.10' II L11 1 589'38'5016 112.08' S I L12 I N00'21'10'W 1 275.17' 1 IN I 1 I I ID I U 1 O 7 7 5r i NOTES: �� —� 1. BEARINGS SHOWN HEREON ARE BASED ON THE PARALLEL LINE TO 'LEGEND >: THE EAST R/W LINE OF HAMILTON AVENUE TO BEAR 500'37'54"E. • = CHANGE IN DIRECTION g OR = OFFICIAL RECORDS BOOK ,PG — PAGE i I POB •. POINT OF BEGINNING POC — POINT OF COMMENCEMENT SEE SHEET 1 FOR DESCRIPTION I R/W - RIGHT OF WAY A PARCEL OF LAND W sew Willow Pork a.,aue 200 LYING IN NiQNhFlorid�841o9 SECTION 23,TOWNSHIP 50 SOUTH, RANGE 25 EAST Phone 30) 507-0570 COWER COUNTY, FLORIDA ENGINEERING LB JOB NUMBER REVISION I SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME I SHEET 200025.00.00.06 0 23 50 1 25 I 1"m150' 1 12/10%201 WF j 002 SD-4 2 OF 2 16C 1 DESCRIPTION kri �'i t .:.,.. / _L-,.y A PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY AS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 23; THENCE S.00'32'06"E., FOR 50.04 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF THOMASSON DRIVE; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE S.89'16'52"W., FOR 50.02 FEET; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE, S.00'43'08"E., FOR 10.00 FEET; THENCE S.89'16'52"W., FOR 1,172.50 FEET PARALLEL TO SAID SOUTH RIGHT-OF-WAY LINE TO A POINT ON A CURVE; THENCE SOUTHWESTERLY 62.68 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET THROUGH A CENTRAL ANGLE OF 89'46'49" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.44'15'23"W. FOR 56.46 FEET PARALLEL TO THE EAST RIGHT-OF-WAY LINE OF HAMILTON AVENUE; THENCE S.00'37'54"E., PARALLEL TO SAID EAST RIGHT-OF-WAY LINE FOR 866.32 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; I 6.1 THENCE N.60'55'29"E., FOR 31 .81 FEET; tTHENCE N.77'15'06"E., FOR 28.05 FEET; THENCE N.88'57'56"E., FOR 19.48 FEET; THENCE N.53'50'02"E., FOR 55.12 FEET; THENCE N.82'34'38"E., FOR 35.55 FEET TO A POINT ON A CURVE; W THENCE SOUTHERLY 52.21 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 232.56 FEET THROUGH A CENTRAL ANGLE OF 12'51'45" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.11'55'25"E. FOR 52.10 FEET, I THENCE S.86'17'49"W., FOR 30.58 FEET; 8 THENCE S.62'33'13"W., FOR 73.04 FEET, iTHENCE 5.75'10'06"W., FOR 71.71 FEET; THENCE N.00'37'54"W., FOR 45.85 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; 1 CONTAINING 8,292 SQUARE FEET OR 0 '9 ACRES, MORE OR LESS. 8 8 h 1 I ✓C n 1 MICHAEL A. WARD DATE PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. LS 5301 SEE SHEET 2 FOR NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SKETCH OF DESCRIPTION SURVEYOR AND MAPPER. THIS IS NOT A SURVEY A PARCEL OF LAND LYING IN 8810 WrPark Dr.,Suits200 Napes,Fbride 3�109 SECTION 23,TOWNSHIP 50 SOUTH, RANGE 25 EAST Phone(239)597-0575 COLLIER COUNTY, FLORIDA Fax: No.s9 ENGINEERING LB ti952s�e2 JOB NUMBER I REVISION SECTION TOWNSHIP RANG SCALE DATE DRAWN BY r FILE NAME 200025.00.00-06 00 [ 23 1 50 1 25 l 1"-20' I 1 2'/10/20 I WF 11 002 SD j 1 S OFF 2 16C 1 �._ - - NOhIfN R/W — — — — -- — — - — THOMASSONDRNE — — — - (STATE WTO Y) — — L - tpp' NWT-Or-WAY lOUTN A/W - __ _ I � -- L4 FOG. / NORTH 1/4 CORNER OF SECTION 23. NANCE 25 E. I � - CURVE TABLE 1"A CURVE LENGTH f I RADIUS DELTA CHORD BEARING CHORD I Cl 1 82.68 . 40.00' 89'46'49" S44'15'23'W 56.46' l C2 52.21' 1232.56'i 1751'45" I N11'55'25"W 52.10' I LINE TABLE 1 v LINE BEARING f LENGTH I, 1 i o L7 S00'32'06'E 50.04' (_ mi PAL2 S89'16'52"W 50.02' : I�,�: " !"1 I (THE BOTANICAL. GARDENS) L 3 S00'43'08'E 10.00' PARCEL NO. 00395560200 L4 sew 16'52"W 1172.50' I 4 L 5 S60'55'29'W 31.81' I Il y 1 L6 S7715'06'W 28.05' S L7 $88'57'58'W 1 9.48' s I I L8 S53'50'02"W 55.12' I POO L9 S82'34'38'W 35.55' L10 N86'17'49'E 30.58' i L11 N6733.131 73.04* jL7v.NAti2, 'F . .‘?5 L5 , L12 N'75'10'06'E 71.71' I ��;'�.� � L13 N00'3T54'W 45 85' Li " 8 t.12 I R IJ NOTES: -- - - 1. BEARINGS SHOWN HEREON ARE BASED ON THE PARALLEL LINE TO LEGEND THE EAST R/W UNE OF HAMILTON AVENUE TO BEAR SO0'37'54"E. • = CHANGE IN DIRECTION R OR = OFFICIAL RECORDS BOOK " PG = PAGE V. POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT 1 R/W = RIGHT OF WAY A PARCEL.OF LAND W 9010 VillowPark Or. siib 200 LYING IN NaIIpIN,t7o11da9410D SECTION 23,TOWNSHIP 50 SOUTH,RANGE 25 EAST Pharos ax��� COWER COUNTY,FLORIDA ENGINEERING LB No JOB NUMBER REVISION SECTION TO RANGE SCALE DATE DRAWN BY FILE NAME SHEET 200025.00.00.06_ 0 __ 23 I 5c 1 25 ( 1'=150' _12/10/20, WF _ 002 SD 2 OF 2 16C 1 DESCRIPTION i.;_. A PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST,COUNTY, FLORIDA, BEING MORE PARTICULARLY AS DESCRIBED AS FOLLOWS: COLLIER COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 23; THENCE S.00'32'06"E., FOR 50.04 FEET TO THE SOUTH RIGHT—OF—WAY LINE OF THOMASSON DRIVE; THENCE ALONG SAID SOUTH RIGHT—OF—WAY LINE S.89'16'52"W., FOR 50.02 FEET; THENCE LEAVING SAID SOUTH RIGHT—OF—WAY LINE, S.00'43'08"E., FOR 10.00 FEET; THENCE S.89'16'52"W., FOR 1,172.50 FEET PARALLEL TO SAID SOUTH RIGHT—OF—WAY LINE TO A POINT ON A CURVE; THENCE SOUTHWESTERLY 62.68 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET THROUGH A CENTRAL ANGLE OF 89'46'49" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.44'15'23"W. FOR 56.46 FEET PARALLEL TO THE EAST RIGHT—OF—WAY LINE OF HAMILTON AVENUE; THENCE S.00'37'54"E., PARALLEL TO SAID EAST RIGHT—OF—WAY LINE FOR 1140.68 FEET; THENCE N.89'59'48"E., FOR 134.43 FEET I TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE N.83'06'40"E., FOR 266.48 FEET; i THENCE S.02'12'24"E., FOR 49.16 FEET; - THENCE S.83'06'40"W., FOR 262.47 FEET; THENCE N.06'53'20"W., FOR 49.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL I DESCRIBED HEREIN; ! f iCONTAINING 12,959 SQUARE FEET OR 0.30 ACRES, MORE OR LESS. 8 i I I I a 1 1 V d 1 MICHAEL A. WARD DATE PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. LS 5301 SEE SHEET 2 FOR NOT VALID WITHOUT THE SIGNATURE AND THE SKETCH OF DESCRIPTION ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. A PARCEL OF LAND LYING IN es10 Wlllow Park Dr.,9urie 200 Nales,F rk Dr:11:: SECTION 23,TOWNSHIP 50 SOUTH, RANGE 25 EAST Phone(2s9)s97-os75 COLUER COUNTY, FLORIDA Fax(239)59 ENGINEERING LBNo..6952 JOB NUMBER I REVISION SECTION TOWNSHIP RANGE SCALE DATE DR"• I FILE NAME 200025.00.00-06100 1 23 1 50 1 25 I 1"=20' 112/10/20 1 wF 002 SD-3 1 SHEET Z 16C 1 — — NDRM pi ---- — — — — — — — — i — — — THOMASSON DRIH� — — — — (STATE HTD BA) — �OVTH R I00' RICHE- -WAYY — — — 1 �1 1.3-N 11\ — L4 POC. — — NORTH 1/4 CORNER OF SECTION 23. TOWNSHIP 50 S., RANGE 25 E. I I I CURVE TABLE CURVE LENGTH• � DIU RAMS DELTA CHORD BEARING j CHORD C1 62.68' `40.00' 5746'49" S44'15'23"W I 56.46' g w.` 1 13 I UNE TABU: & 8 UNE BEARING "' .• i I LENGTH I ' g L1 500'32'06"E 50.04' I 1 ja L2 S89'16.52"W 50.02' 1 M (THE BOTANICAL GARDENS) PARCEL NO. 00395580200 i L4 + S8r18 52"W 1172.50' L.5 , N89'59'48'E 1 134.43' f ' m LEIN83'08'40"E 1 266.48' 1 r L7 i 50712'24"E 49.14' ' LS I S83'06'40"W 282.47' 17. 1 P08 , L9 i NO8.5,'20"W I 49.00' J , I 1 II I. I 1 I L6L i j I �\ ��` �1 Lal I ,? , ,r ' NOTES: fj , . so d 1. BEARINGS SHOWN HEREON ARE BASED ON THE PARALLEL LINE TO I LEGEND AV THE EAST R/W LINE OF HAMILTON AVENUE TO BEAR S00'37'54"E. • = CHANGE IN DIRECTION A I • Ls IOR a OFFICIAL RECORDS BOOK PG - PAGE I POE - POINT OF BEGINNING 'POC - POINT OF COMMENCEMENT SEE SHEET 1 FOR DESCRIPTION L/W .. RIGHT OF WAY - A PARCELNG NF LAND W 0810N ISS Puk Or.,sIa 200 LYI •a...Floda.S410Y SECTION 23,TOWNSHIP 50 SOUTH, RANGE 25 EAST Fax WM 5074670 COLLIER COUNTY,FLORIDA ENGINEERING LB No.:SINN JOB NUMBER 200025.00.00.06I REV0$ION J SECTION[TOWNSHIP HIP 1 RANGE E 1 1 50' 1 12,D10/20 1 DRAWN BY 1 00`7 NAME SD 3 I 2 S OF 2