St. Monicas's Chruch, Inc. (Folio's #41939480006, #41936520005, & #41938000005) THIS INSTRUMENT PREPARED BY&RETURN TO:
NAME: Q. GRADY MINOR&ASSOCIATES, PA
ADDRESS: 3800 VIA DEL REY
BONITA SPRINGS, FL 34134
PARCEL I.D. #41939480006, 41939520005, INSTR 6187780 OR 6069 PG 1121
41938000005 RECORDED 1/11/2022 8:16 AM PAGES 7
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
DOC@.70$0.70 REC$61.00
SPACE ABOVE THIS LINE FOR PROCESSING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this /7 7 day of
414 r i , 20L, by [Name of Grantor] St. Monica's Church, Inc., a
Florida Non-Profit Corporation (hereinfafter St. Monica's), as Grantor, whose
address is 7070 Immokalee Road, Naples, Florida 34119 , 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] St. Monica's is the owner of that certain tract of land
located in Collier County, Florida described in Exhibit "A" [include a Plat Book and
Page reference 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] St. Monica's ; 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] St. Monica's , 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
Revised 10/14/05 1
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.
3. [Grantor] St. Monica's , 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.
Revised 10/14/05 2
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:
WITNESSES: [NAME OF GRANTOR]
•
Print/ Name: Syn iTh
•
By:Printed Name: 4 ,re,• 1' ��q �,c�a� Rev.6iiit,)/
hryn M. Schillreff
Revised 10/14/05 3
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing instrument was subscribed, sworn and acknowledged before
me this /fh day of Mate!) , 20 /0 , by
[authorized signor of Grantor
entity] *b/ryn m. Stij//reAi - , as [title] Vie(1.-6)r
for [entity] ,5t• Mon/los F /SCD,Oa/ e '//rch , and who is [1 rsonally
known to me or [ ] who produced as identification.
NOTA LIC
Printed Name: Pevy L. De/Wore/4
My Commission Expires: s/Vc2.D/3
PEGGY L DEMORETT
gifY
*; ! ::= MY COMMISSION#DD 873299
V —e, EXPIRES:May 9,2013
"t�,46-oFO, Bonded Thru Notary Public Underwriters
Revised 10/14/05 4
Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By; '-). `t41 IA)* C41St-
*Mite ilsSnos t F- re w Gcy1
Approved as to form and
Legal sufficiency:
7.
5-#-ever, 7 L : I(;Q•ems
Assistant County Attorney
Revised 10/14/05 5
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EXHIBET B
...........
---.
SKETCH AND LEGAL DESCRIPTION
LOCATED WITHIN THE +
PART OF TRACT 130 & 131,
GOLDEN GATE ESTATES UNIT NO. 97
0' 50' 100'
SCALE 1" = 100'
THIS EXHIBIT MAY HAVE BEEN REDUCED
— — — — P.❑.C,
3 NORTHEAST CORNER
IMMOKALEE ROAD(STATE ROAD No.846) RIGHT-OF-WAY VARIES oo31,
OF TRACT
GOLDEN GATE
a 0 ESTATES UNIT NO, 97
bo
— — -----'�--- — — — SOUTH RIGHT OF WAY LINE OF IMMOKALEE ROAD — — ti / P.O.B.
N89'10"37'W f
80.00'
I 5
Z6
w
ID
LINE BEARING DISTANCE
L1 S00.19'10'W 5.00' .0
L2 N00.19'10'E 5.00' 0 B
L3 S89.40'50'E 19.33' Z 05
I w
I ,v
I S89'40'50' NE o
TRACT 130 w 73.10 0
0
O . V
a
I Q' N 0.92 ACRES
oo n
S89'40'50"E! 106.40' L3 /
_JI S89'40'50"E 110.67'
1J /
O
0
b N i PRESERVE EASEMENT/
0 __---
n Z N89'40'50'W 389.50'
— AUTUMN OAKS LANE(FIELD)(24TH"AVENUE N.W.PLAT) 60'WIDE ROAD EASEMENT
Isl
LEGAL DESCRIPTION:
LEGEND
A PARCEL OF LAND LYING IN PART OF TRACTS 130 AND 131, GOLDEN GATE ESTATES UNIT 97 P.O.B. POINT OF BEGINNING
AS RECORDED IN PLAT BOOK 7, PAGES 95-96 OF THE PUBLIC RECORDS OF COLLIER COUNTY P.O.C. POINT OF COMMENCEMENT
FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: PLS PROFESSIONAL LAND SURVEYOR
LB LICENSED BUSINESS
COMMENCING AT THE NORTHEAST CORNER OF TRACT 131,,GOLDEN GATE UNIT 97 AS RECORD
IN PLAT BOOK 7, PAGES 95-96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE SOUTH 00' 19' 10" WEST FOR 50.00 FEET ALONG THE EAST LINE OF SAID TRACT 131
TO THE NORTH RIGHT OF WAY LINE OF IMMOKALEE ROAD AND THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 00'19'10" WEST FOR 288.15 FEET ALONG THE EAST LINE OF SAID
TRACT 131 TO THE NORTH RIGHT OF WAY LINE OF AUTUMN OAKS LANE; THENCE ALONG SAID
RIGHT OF WAY LINE NORTH 89'40'50" WEST 389.50 FEET; THENCE NORTH 00' 19' 10" EAST
FOR 55.00' FEET; THENCE SOUTH 89.40'50" EAST 106.40 FEET; THENCE SOUTH 00'19'10" WEST � �
FOR 5.00 FEET: THENCE S 89'40'50" EAST FOR 110.67 FEET; THENCE NORTH 00'19.10"E FOR
5.00 FEET; THENCE SOUTH 89'40'50" EAST FOR 19.33 FEET; THENCE NORTH 00'19'10" EAST
FOR 72.00 FEET; THENCE SOUTH 89'40'50" EAST 73.10 FEET; THENCE NORTH 00'19'10" EAST
161.86 FEET TO THE SOUTH RIGHT OF WAY LINE OF IMMOKALEE ROAD; THENCE ALONG THE Davi Bruns, PLS
SOUTH LINE OF SAID ROAD NORTH 89' 10' 37" EAST FOR 80.00 FEET TO THE POINT OF Certificate Number 4520
BEGINNING.
SAID PARCEL CONTAINING 1.029 ACRES MORE OR LESS. DATE: DECEMBER 16, 2009
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
GFNFRAI NOTES: & �GpD i ��pp BEARINGS SHOWN HEREON ARE BASE ON A BEARING OF N89'40'50'W ON THE ✓ 4,U/lnA, JU'FUfl.D, JflC a CENTERLINE OF 24TH AVENUE N.W. ' Iirz d & ''mnd
2. DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. 1072 6H. .,d,...,,,.,..X..46.
16.1,e*o11er.X., .C:d 32111
\ ',,yJ.., STt«wte, 34102 (239) 261 — 5965/