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Lee County Electric Cooperative, Inc. (Folio #00127800002) THIS INSTRUMENT PREPARED BY&RETURN TO: INSTR 6187792 OR 6069 PG 1176 NAME: JOHN A. NOLAND RECORDED 1/11/2022 8:27 AM PAGES 6 ADDRESS: PO BOX 280 CLERK OF THE CIRCUIT COURT AND COMPTROLLER FORT MYERS, FL 33902 COLLIER COUNTY FLORIDA PARCEL LD. #00127800002 DOC@.70$0.70 REC$52.50 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE TIIIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this (34 day of S-e10tsz-n„11-9S , 2011 , by LEE COUNTY ELECTRIC COOPERATIVE, INC., a Florida non-profit corporation, (hereinafter "LCEC"), as Grantor, whose address is P.O. Box 3455, North Fort Myers, Florida 33918, 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, LCEC 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 LCEC; 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. LCEC, 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. 3. LCEC, 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 9/8/11 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: WITNESSES: LEE COUNTY ELECTRIC COOPERATIVE, INC., a Florida non- profit corporation g-"- Printed Name: B �`1 � Y William D. Hamilton, Executive Vice President and Chief Executive Officer Printed Name: 24-v,'] meson, Revised 9/8/11 3 STATE OF FLORIDA ) COUNTY OF LEE ) The foregoing instrument was subscribed, sworn and acknowledged before me this crtc day of S.tp k.&r- , 2011, by William D. Hamilton, as Executive Vice President and Chief Executive Officer for LEE COUNTY ELECTRIC COOPERATIVE, INC., a Florida non-profit corporation, and who is [A personally known to me or [ ] who produced Vt.t c._ as identification. p0.Y�Uf .,c,E JULIE VA ) * MY COMMISSIONION#DU 199966 7 '+'^�'O�` EXPIRES:October 17,2013 '+,�of�okeg boded Tin Budget Notary Services N I I r A RY PUBLIC Printed Name: u 112 VCui ' r\ My Commission Expires: /0/i,/13 v Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA y: � • C • p Veep rk FRED W. COYLE, CHAR AN attegt Approved as to form and Legal sufficiency: wtZI61-ti Assistant County Attorney Revised 9/8/11 4 _ ................. ..,......_ FX/ //B/ T "A " STATE ROAD NO. 29 S00'36'12"E 175. 10' + (REFERENCE BEARING) SCALE IN FEET immomm 0 30 60 * ABBREVIATIONS: O.R. = OFFICIAL RECORDS LEGAL DESCRIPTION: O.R. 923 P.G. 1558 The South 175 feet of the North 571 feet of the East 661 feet of the NE 1/4 of the NE 1/4, except the East 50 feet, in Section 5, Township 47 South, Range 29 East. N • N Zp zn I. j1 o N N ea cn cn oo LINE TABLE No. Bearing Length L 1 NO0'36'12"W 16.00' L2 N89'27'13"E 16.00' SOUTHWEST CORNER OF THE SOUTH 175 FEET OF THE NORTH 571 FEET OF THE EAST 661 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 EXCEPT THE EAST 50 FEET. OR BOOK 923 PG. 1558 iV00'36'12"W 175.00' SKETCH ONLY- THIS IS NOT A SURVEY FOR: LEE COUNTY ELECTRIC CO-OPERATIVE Aug 21, 2008 — 08:55:40 SEREKIX:\SUR\F0194\400—Overall—Site\08—Sketch—Description\SM—F0194-4005U2.dwg SKETCH AND DESCRIPTION Wil Miller Wl e44i leC Inc. - fC Cic.g CC-Mon17 PARCEL OF LAND IN PART OF SECTION 5, II WlsonNdle",fnc.-Cerlr7icale al Aulhaizalion,4J TOWNSHIP47 SOUTH,RANGE 29 EAST, Planners •Engineers •Ecologists •Surveyors •Landscape Architects• Transportation Consultants Wilson Miller, Inc. COLLIER COUNTY, FLORIDA 12301 Westlinks Drive Suile 106•For!Alyea,Tondo J3911-8000•Phone 239-939-1020•Fox 2J9-92-3412•Web-Site www.wifsonmilleccom TASK CODE: DRAWN BY: CHKED BY: CAD FILE: PROJECT NO: SHEET DRAWING INDEX NO: REV: 21000 GPB SPE SM-F0194-400SU2 F0194-073-002 1 OF 2 F0194-400-SU2 EX/ //B/ T "B" LINE TABLE N No. Bearing Length Li NO0'36'12"W 16.00' i L2 N89'27'13"E 16.00' SCALE IN FEET immemi o N8926'40"E 0 20 40 16.00' 0 54.00' Being a portion of the South 175 feet of the North 571 feet of the Eost 661 feet of the NE _ 1/4 of the NE 1/4, except the East 50 feet, o a . a in Section 5, Township 47 South, Range 29 Eost, (..1 o - - - o Collier County, Florida, being more particularly °j. rn 0, described as follows: N ti - PRESERVE AREA - ' 0.18 AC. "� COMMENCE at the Southwest corner of said w - - - .. parcel; thence along the West line N.00'36'12"W, cvi, o 0 16.00 feet; thence leaving said West line o ' - - - - ' N.89'27'13"E, 16.00 feet to the POINT OF 0 BEGINNING; thence N.00'36'12"W., 143.00 feet; _ thence N.89'26'40"E., 54.00 feet; thence P.O.B. - - - - S.00'36'12"E., 143.01 feet; thence S.89'27'13"W, 54.00 feet to the POINT OF BEGINNING. --«- Said parcel contains . 18 acres, more or 1` rn S89'27'13"W rn less. 0 54.00' o 0 0 \\- Subject to easements, restrictions, reservations and rights-of-way of record. Bearings are based on the State Plane POINT OF COMMENCEMENT Coordinate System, North American Datum SOUTHWEST CORNER OF THE SOUTH 175 FEET of 1983/1990 adjustment (NAD83/90), OF THE NORTH 571 FEET OF THE EAST 661 FEET Florida East Zone. The reference bearing is OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 based on the West Right-of-Way State EXCEPT THE EAST 50 FEET. OR BOOK 923 PG. 1558 Road No. 29 being S.00'36'12'E. WILSONMILLER, INC LICENSED BUSINESS NO. LB43 STATE OF FLORIDA * ABBREVIATIONS: P.O.B. = POINT OF BEGINNING j v. G,� O.R. = OFFICIAL RECORDS BY: / . AC. = ACRES NO. = NUMBER MARK D. 4'AINES PROFESSIONAL SURVEYOR & MAPPER NO. LS5312 STATE OF FLORIDA SKETCH ONLY- THIS IS NOT A SURVEY Jun 03, 2011 — 13:15:60 MHAINESjV:\2156\active\215610378\survey\400—Immokalee SubStation\08—Sketch—Description\SM—F0194-4005U2(2).dwg FOR: LEE COUNTY ELECTRIC CO-OPERATIVE SKETCH AND DESCRIPTION WilsoliMiller Wilso:t Inc. - Fo tiof tC-Cinlion WilsonNiller,Inc.-Cerlilicale o/Aulhanzoh'on/4J PARCEL OF LAND IN PART OF SECTION 5, TOWNSHIP47 SOUTH, RANGE 29 EAST, Planners •Engineers •Ecologists •Surveyors •Landscape Architects• Transportation Consultants WilsonNiller, Inc. COLLIER COUNTY, FLORIDA 42801 Wesllinks Orive Smle 106•For!Myers,Flodda.V91J-8000•Phone 22-9J9-1020•Far 2J9-9J9-3412•Web-Site www.wilsonmdler.com TASK CODE: DRAWN BY: CHKED BY: CAD FILE: PROJECT NO: SHEET DRAWING INDEX NO: REV: 21000 GPB SPE SM-F0194-400SU2 F0194-073-002 2 OF 2 F0194-400-SU2 6/3/11