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D & A Enterprises of Collier County, Inc. THIS INSTRUMENT PREPARED BY&RETURN TO: Thomas K. Boardman, P.A. 1400 N 15th Street, Suite 201 Immokalee, FL 34142 INSTR 6187786 OR 6069 PG 1153 PARCEL I.D. # RECORDED 1/11/2022 8:20 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 SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this j If day of February, 2011, by D & A Enterprises of Collier County, Inc., as Grantor, whose address is 1213 Lee Street, Immokalee, Florida 34142, 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, D & A Enterprises of Collier County, Inc. 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 D & A Enterprises of Collier County, Inc.; 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. D & A Enterprises of Collier County, Inc., 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 Revised 10/14/05 1 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. D & A Enterprises of Collier County, Inc., 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 Revised 10/14/05 2 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: WIT ,(� D & A Enterprises of Collier County, Inc. Printed Name: c+oK�r K� (,.C„-_ 41..�r By: "� Jes yala, President ��c.0,2 in ' Liz Printed Name: KPce,�,4 ;h _ ��,ta;-A- Attest: _ it Andres De La Rosa, III, Se retary Revised 10/14/05 3 STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrument was subscribed, sworn and acknowledged before me this I L 4- day of February, 2011, by Jesus Ayala and Andres De La Rosa, as President and Secretary, respectively, of D & A Enterprises of Collier County, Inc., who are [ ] personally known to me or [. ] who have produced as identification. LL -- m - NOTARY PUBLIC _ _ __ _ _ �, ti KERENSA M.CLARK Printed Name: rU�1.Sq (;��JL 4 s�P� -A z Notary Public-State of Florida 's• •' a My Comm.Expires Aug 14,2012 ` =- Commission#DD 808471 II '''4.4„„:i:sss bonded Through National Notary Assn. Revised 10/14/05 4 Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA '."1/1---thiL LA). ( 18AQ., By: Deputy Cler fiCet \4. CCY LE Attest is to Choi CHAIRPERSON stouter, NO. Approved as to form and Legal sufficiency: Ste,ueet :1(;awo Assistant County Attorney Revised 10/14/05 5 EXHIBIT "A" WOD: 02-2357E 14 FEB II P O C FN&T AT EAST THIS IS NOT A BOUNDARY SURVEY QUARTER CORNER OF SECTION 36, LEGEND: TOWNSHIP 46 SOUTH, POB = POINT OF BEGINNING RANGE 28 EAST, POC = POINT OF COMMENCEMENT COLLIER COUNTY. LAKE TRAFFORD ROAD(C-850) FLORID A \ 89°01 'II"W wco-xiza�cno U>c a zM-0CD-I �-0-v LESS R/GHT-OF-WAY S 1014.25' o•C> raortoaao=ooaa FOR C-550 33.89' a70ODo20c MWOD 7J rnc377GD-0 -33.36' S00'19'40"E- x7C).OZCD-I-I-1-ICZ -I3-Irma N 00'19'40"W -1.-m oc)m=SS C2:2 m-- 1 n ozr- r-mm cn-3DO- zC-D---I N209006 20 E CD 0-I a 0--w Z7 CDC G.) 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POB-k , John S. Burns. Sr.. PS&M-LS#5583 or N 89°40'20" E 120.00' Robert K. Burns. PS&M-LS#4603 or 'x, Stacey A. Basham. PS&M-LS#5883 ', R. K. Burns Surveying. Inc. Licensed Survey Business # 6133 ; Z �y NOTES 0 0 b OCD -..s I) DIMENSIONS ARE IN FEET AND DECIMALS THEREOF EXCEPT AS SHOWN. •`0° •o .; 2) NO UNDERGROUND UTILITIES OR STRUCTURES WERE LOCATED EXCEPT NEW -� gP, 717, AS SHOWN. 3) NO TITLE RESEARCH WAS DONE BY THIS COMPANY. NO ABSTRACT P. PRESERVATION o OF TITLE WAS PROVIDED. EASEMENT m 0 v O N y R . K . BURNS SURVEYING , INC . S 89°00'40"W 120.01 ' 3507 LEE BLVD. SUITE 206-D S K_ETCH TO LEHIGH ACRES. FL. 33971 (239) 303-0764 ACCOMPANY LEGAL (239) 303-0832 (FAX) I DESCRIPTION SHEET 1 OF 1 INFO@BURNSSURVEYING.COM EXHIBIT "B" WO#: 02-2357E I'+ FEB II THIS IS NOT A BOUNDARY SURVEY LEGEND, POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT S 89°01 ' 11 "W 1014 . 25 ' POC r� FN&T AT EAST QUARTER CORNER OF SECTION 36 , o TOWNSHIP 46 SOUTH , ° RANGE 28 EAST , COLLIER COUNTY , FLORIDA . O REMAINDER OF THE WEST 120 FEET OF THE EAST 470 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER ca OF SECTION 36 , TOWNSHIP 46 SOUTH , ou RANGE 28 EAST , COLLIER COUNTY , FLORIDA . cf.)• U) N 89°40 ' 20" E 120 . 00 ' POBJ'� �Tt--1 m o C!) O O O 0 ;Ab Nam~ O 1 O 0 ,3 z O ) N North 1 - = 30 " w S 89°00 ' 40"W 120 . 01 ' •j • A PART OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 436 , AT PAGE 1377 , PUBLIC RECORDS OF COLLIER COUNTY , FLORIDA , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE EAST QUARTER CORNER OF SECTION 36 , TOWNSHIP 46 SOUTH , RANGE 28 EAST , COLLIER COUNTY , FLORIDA ; THENCE S 89°01 ' II "W ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER , 1014 . 25 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 436 , AT PAGE 1377 , PUBLIC RECORDS OF COLLIER COUNTY , FLORIDA ; THENCE ALONG THE EAST SIDE OF SAID PARCEL S 00° 19 '40"E 553 .89 FEET TO A POINT 110 . 72 FEET NORTH OF THE SOUTHEAST CORNER OF SAID PARCEL AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED ; THENCE CONTINUE S 00° 19 '40"E 110 . 72 TO THE SOUTHEAST CORNER OF SAID PARCEL ; THENCE ALONG THE SOUTH SIDE OF SAID PARCEL S 89°00 '40"W 120 . 01 ' TO THE SOUTHWEST CORNER OF SAID PARCEL ; THENCE ALONG THE WEST SIDE OF SAID PARCEL N 00° 19 '40"W 112 . 10 FEET ; THENCE N 89°40 '20"E 120 . 00 FEET TO THE POINT OF BEGINNING . PARCEL CONTAINS 0 . 31 ACRES MORE OR LESS . BEARINGS ASSUMED BASED ON THE NORTH LINE OF THE SE QUARTER OF SECTION 36 , TOWNSHIP 46 SOUTH , RANGE 28 EAST AS BEARING S 89°01 ' 11 "W NOTES I ) DIMENSIONS ARE IN FEET AND DECIMALS THEREOF EXCEPT AS SHOWN. 21 NC UNDERGROUND UTILITIES OR STRUCTURES WERE LOCATED EXCEPT AS SHOWN. 3) NO TITLE RESEARCH WAS DONE BY THIS COMPANY. NO ABSTRACT OF TITLE WAS PROVIDED. IR . K . BURNS SURVEYING , INC . By, r_ � 3507 LEE BLVD. SUITE 206-0 SKETCH TO John S. Burns, Sr.. PS&M-LS05583 or LEHIGH ACRES, FL. 33971 Robert K. Burns, PS&M-LSe4603 or (239) 30.E-0764 ACCOMPANY LEGAL Stacey A. Boshom, PS&M-LS#5883 (239) 303-0832 (FAX) DESCRIPTION SHEET I OF I R. K. Burns Surveying, Inc. Licensed Survey Business # 6133 INFO®BURNSSURVEYING.COM