PO Development, LLC Instrument Prepared By: INSTR 6127151 OR 6011 PG 872
John Paulich III,Esq. RECORDED 9/13/2021 4:05 PM PAGES 7
GrayRobinson,P.A. CLERK OF THE CIRCUIT COURT AND COMPTROLLER
3838 Tamiami Trail North COLLIER COUNTY FLORIDA
DOC@.70$0.70 REC$61.00
Suite 410
Naples,Florida 34103
Parcel ID#47871520002
CONSERVATION EASEMENT
Ain
THIS CONSERVATION EASEMENT given this I(� day of J U 1 e, , 2021, by PO
Development,LLC,a Michigan Limited Liability Company,as Grantor,whose address is 16177 Leone
Drive, Macomb Township, Michigan 48042,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, PO Development, LLC, a Michigan Limited Liability Company 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 PO Development, LLC, a
Michigan Limited Liability Company;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. PO Development, LLC, a Michigan Limited Liability Company, 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, 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. PO Development, LLC, a Michigan Limited Liability Company, 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.
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:
WITNESS • PO Development, LLC, a Michigan
Limited . -.i pony
By: /NW fr
Printed N'a • a -e Jamie Rze 411.t0 a ager
ted Name: ▪ •;' aEar
a
•`s •
STATE OF FLORIDA ) ,• •. n inso;F-
COUNTY OF COLLIER ) °fi,: tL,c.s ‘‘`°°
The forego'ng instru ent was subscribed, sworn and acknowledged before me by physical
presence this ,/day of , 021, by Jamie Rzewnicki, as Manager of PO Development,
LLC, a Michigan Limited lability Company, and who ispersonally known to me or [ ] who
produced as identification.
ARY PUBLIC
Printed Name:
My Commission Expires:
Acceptance by Grantee:
ATTEST: BOARD F COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIE C TY, FLORID
By: CtWA - —.% 4 Q.. By:
w,„ .uty Clerk Penny Taylo , hairman
igl tture oily*.
Approved as to form and legality:
k . I'
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
EXHIBIT"A"
Lot 5, Block B, Guilford Acres, according to the map or plat thereof as recorded in Plat Book 3, page
59, Public Records of Collier County, Florida.
Page 1 of 1
KP Surveying, Inc.
LB NUMBER 8152
2802 W. Cypress Avenue S.E.
Fort Myers, Florida 33905
(239) 462—1901
www.kpsurveying.com
DESCRIPTION OF A PARCEL OF LAND
LYING IN
SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
(CONSERVATION EASEMENT)
LEGAL DESCRIPTION
LOT 5, BLOCK B, GUILFORD ACRES, ACCORDING TO THE
MAP, OR PLAT THEREOF AS RECORDED IN PLAT BOOK 3,
PAGE 59, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT
5, BLOCK B, GUILFORD ACRES, ACCORDING TO THE
MAP, OR PLAT THEREOF AS RECORDED IN PLAT
BOOK 3, PAGE 59, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, THENCE S 27°54'47" E
FOR 101.84 FEET; THENCE S 38°59'00" E FOR
251.35 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING S 38°59'00" E FOR 64.20 FEET TO THE
NORTH LINE OF A 10 FOOT DRAINAGE EASEMENT;
THENCE S 89°51'15" W, ALONG SAID DRAINAGE
EASEMENT FOR 229.37 FEET; THENCE N 75°02'32 E
FOR 195.61 FEET TO THE POINT OF BEGINNING.
CONTAINING 5730 SQUARE FEET MORE OR LESS.
BEARINGS ARE BASED ON STATE PLANE, FLORIDA
EAST ZONE.
SUBJECT TO EASEMENTS, RESTRICTIONS,
RESERVATIONS AND RIGHT—OF—WAYS (WRITTEN AND
UNWRITTEN, (RECORDED AND UNRECORDED).
KENNETH PUFAHL Datea2021 04 09b 0556:35-0400FAHL
Ken Pufahl, P.S.M.
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE No. 6126
DATE: 03/22/2021
SHEET 1 OF 2
Exhibit B
Page f of 2-
SKETCH TO ACCOMPANY DESCRIPTION
OF A PARCEL OF LAND
LYING IN
SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
LEGEND
P. D. C. P❑INT OF COMMENCEMENT
P. O. B. P❑INT OF BEGINNING P. ❑ C
(F) FIELD MEASURED DISTANCE NE CORNER
(P) PLAT DISTANCE LOT 5
NOT TO SCALE
kP
,p LOT
S 89'50'21" W (F) �-% BLOCK4B
WEST (P) 0 v' Q.
49.32' (F&P) O CP.
3\V`1 10 .�0:
o` 4 O F F
'DS co1n' `' _J J
CDC<ON,ry`1' ../
Z Z LOT 3
P S BLOCK B
o S
o L
. L .
��. 00
o� 20'' F
< �J
"C/
ND
S
LOT 5 .ems
LOT 6 BLOCK B LOT 2
BLOCK B �J vs BLOCK B
S�t2 P. ❑. B
J
CONSERVATION EASEMENT LOT 1
t,, 5730 SQUARE FEET +/- BLOCK B
N
co
195.61 S
„ W A S� ��p.
� LS
S �5p232 �08j O
O.-
S 89°51 15" W 229.37' O" F
S 89°51'15" W (F) 254.67' (F) F�CJ
WEST (P) 255.33' (P) J
THE INFORMATION HEREON
IS SUBJECT TO 10' DRAINAGE EASEMENT
EASEMENTS,
RESTRICTIONS,
RESERVATIONS AND
RIGHT-OF-WAYS (WRITTEN
AND UNWRITTEN,
RECORDED AND
UNRECORDED). *** THIS IS NOT A SURVEY ***
KENNETH PUFAHL Digitally signed by KENNETH PUFAHL
Date:2021.04.09 0555:11-04'00'
Ken Pufahl, P.S.M.
KP Surveying, Inc. PROFESSIONAL SURVEYOR AND MAPPER
LB NUMBER 8152 FLORIDA CERTIFICATE No. 6126
2802 W. Cypress Avenue S.E. DATE: 04/09/2021
Fort Myers, Florida 33905 PROJECT No:21-0104
(239) 462-1901 DATE: 04/09/2021
www.kpsurveying.com Exhibit R SHEET 2 OF 2
Page 2- of 2--
INSTR 6127152 OR 6011 PG 879
Instrument Prepared Without RECORDED 9/13/2021 4.05 PM PAGES 1
Opinion By: CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
John Paulich III, Esq. REC$10.00
GrayRobinson,P.A. '
3838 Tamiami Trail North
Suite 410
Naples,Florida 34103
SUBORDINATION OF MORTGAGE
The undersigned, Carolyn M. Quistberg, as Trustee of the Side Bar Trust dated February 17, 2005
("Lender"),hereby certifies that it is the holder of that certain Mortgage given to PO Development,LLC,a
Michigan limited liability company(the "Mortgagor"),dated June 24, 2020 and recorded June 30, 2020 in
Official Records Book 5781, Page 1603, of the Public Records of Collier County, Florida, securing a Note
in the original principal amount of $235,000.00 (the "Mortgage") encumbering the premises legally
described therein(the "Encumbered Property").
By execution hereof, and for good and valuable consideration, Lender does hereby join in and
consent to that certain Conservation Easement recorded against a portion of the Encumbered Property on
or about the date of recordation hereof, by Collier County, a political subdivision of the State of Florida.
Lender agrees that its Mortgage shall be subordinated to the aforementioned Conservation Easement and
matters contained therein. as may be amended.
In Witness Whereof, Lender has set its hand and seal the date and year first written above.
Witnesse : Lender:
Cefitrer
111��1I' A
r Name: Carolyn M. Quistberg, Trustee of the Sydii
Bar Trust dated February 17, 2005
Print Name: 't\ i( 1'l i 1 RP.(-t' s
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me by means ofphysical presence or 0
online notarization,this day of June, 2021 by Carolyn M. Quistberg, as Trustee of the Side Bar Trust
dated February 17, 2005, who_is personally known to me or X who has produced her Florida drivers
license as identification.
[seal] i,,
bc•ti�'y %,;•. s otary Public
-.Q� ��_s.'•fr, — My Commission Expires:
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