3805 TLW, LLC 1681
INSTR 6357014 OR 6210 PG 3643
RECORDED 1/31/2023 10:20AM PAGES 10
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
DOC@ 70$0.70 REC $86.50
THIS INSTRUMENT PREPARED BY&RETURN TO:
NAME: Harold J. Webre, Esq.
ADDRESS:
Coleman, Yovanovich & Koester, P.A.
4001 Tamiami Trail N., Suite 300
Naples, FL 34103
PARCEL LD. #
Portion of 00416560008
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this /2- day of
�a►�t.A2r 20 23 , by [Name of Grantor]
3805 TLW, LLC, Y Florida limited liability company (hereinafter [short
name] 3805 TLW, LLC ), as Grantor, whose address is [address of Grantor]
7742 Alico Rd., Ft. Myers, FL 33912 , 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] 3805 TLW, LLC 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 "Al 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] 3805 TLW, LLC ; 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] 3805 TLW, LLC , 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.
Revised 7/28/14 1
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. [Grantor] 3805 TLW, LLC , 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.
Revised 7/28/14 2
I681 �
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:
WITNESSES: [NAME OF GRANTOR]
3805 TLW, LLC, a Florida limited
liability co y ��
Printed ame: W /vr- w L;+ww►b
`� eY By:
Printed CO e: -kayo 'To.ssAwl. , David E. T rres, its Manager
Revised 7/28/14 3
1681
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing instrument was subscribed, sworn and acknowledged before me this
2- day of 30.r11/4.} o.f , 20 23 , by [authorized signor of
Grantor entity] David E. Tories
Manager for [entity] 3805 TLW, LLC, a Florida LLC as [title]
, and who is V]
personally known to me or [ ] who produced as identification.
JO/PULL/1/ )42/Led12-
NOTARY PUBLIC
Printed Name io,n,etag 14Sc.Ahfode-
My Commission Expires:
la:P''•. TAMELA M.SCHRODER
`• MY COMMISSION#HH 121444
r EXPIRES:April25,2025
Ei3 i$'s Bonded Thru Notary Public Underwriters
Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K KINZEL, CLERK COLLIER COUNTY, FLORIDA
C
**-/2:---
By: 111.544w By i —
Deputy Clerk Rick LoC*stro, Chairmaw
Attest as C to hairman's
Sl natl,l 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
A oved as to form and
g I Su ici y Attachments s
Exhibit "A" - Entire Site
Exhibit "$" - Conservation.
Derek D. Perry Easement
Exhibit "C" - Consent and.
Assistant County Attorney Subor+l inottier'
22-ENS-00720
CP\11-ENS-00442\4
Revised 7/28/14 4
1681
EXHIBIT "A"
K. E. TRASK, P.A.
LAND SURVEYORS
A PARCEL LYING IN
SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
(OR 5841 PG 824)
THE SOUTH 1/2 OF THE NW 1/4 OF SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST,COLLIER COUNTY, FLORIDA.
LESS AND EXCEPT THE FOLLOWING:
THE EAST 1/2 OF THE EAST 1/2 OF THE SE 1/4 OF THE NW 1/4 OF SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST,COLLIER
COUNTY, FLORIDA.
AND
THE WEST 100 FEET OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST,COLLIER
COUNTY, FLORIDA.
AND
A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST,COLLIER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCE AT THE NORTHWEST CORNER OF SECTION 14,TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA;THENCE RUN S 00°49'12"W ALONG THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 14, FOR A DISTANCE OF 1,338.98 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 14;THENCE RUN N 87°28'39" E ALONG THE NORTH LINE OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 14, FOR A DISTANCE OF 1,593.26 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF
LAND HEREIN DESCRIBED;THENCE CONTINUE N 87°28'39" E ALONG THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST
QUARTER OF SAID SECTION 14, FOR A DISTANCE OF 745.63 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE EAST
HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14;THENCE RUN S 00°48'18"W ALONG THE
EAST LINE OF THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14,
FOR A DISTANCE OF 1,341.64 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 14;THENCE
RUN S 87°31'14"W ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 14, FOR A DISTANCE OF 883.81 FEET;
THENCE RUN N 00°48'13" E FOR A DISTANCE OF 213.84 FEET;THENCE RUN N 22°19'04"W FOR A DISTANCE OF 94.95 FEET;THENCE
RUN N 00°18'59" E FOR A DISTANCE OF 216.38 FEET;THENCE RUN N.87°28'12"E. FOR A DISTANCE OF 172.03 FEET;THENCE RUN
N.66°03'38"E.FOR A DISTANCE OF 117.91 FEET;THENCE RUN N.00°32'14"E. FOR A DISTANCE OF 441.42 FEET;THENCE RUN
S.87°28'12"W. FOR A DISTANCE OF 80.31 FEET;THENCE RUN N.02°31'00"W. FOR A DISTANCE OF 335.83 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 1966219.82 SQUARE FEET OR 45.14 ACRES, MORE OR LESS.
BEARINGS ARE BASED ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 14 AS BEARING N.87°31'38"E.
K.E.TRASK, P.A. NOVEMBER 29, 2022
FLORIDA LICENSED BUSINESS LB8450
f,' ICI
KENNETH E.TRASK
PROFESSIONAL LAND SURVEYOR
FLORIDA LICENSE LS4684
12345 BLASINGIM ROAD • FORT MYERS, FL 33966
SHEET 1 OF 2
5
1681
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S00'48"00"W 1341.93'
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— — — — — — — 600.48'18"W 1341.64 — — — — — — — 1
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S00'32"14'W 441.42'
S02.31'00"E r,I
335.83' J S\ II
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OR 5928
J PG 1839 I I
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SUBJECT PARCEL
S1/2—Nw1/4
(OR 5841 PG 824)
0 1966219.82 SQUARE FEET
45.14 ACRES, MORE OR LESS
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L1 N87'28'39"E 100.17' Z cc rn Lo
CONSERVATION L2 NO0'48'13"E 213.84' n w -I c rn
EASEMENT L3 N22'19'04"W 94.95' c0 Z W 3 M
L4 N00'18'59"E 216.38' z--IZ 1=
L5 N87'28'121 172.03' I U' I-"- O
L6 N66'03.38°E 117.91' 0
L7 S87'28'12"W 80.31'
30.00' Li 30.00'
P.O.C. LESS AND EXCEPT
N.W. CORNER W 100' S1/2-NW1/4
SECTION —100' CANAL RIGHT OF WAY
-14-50-26
N00'49'12"E 1339.72'
J
1
1338.98' —
S00'49'12"w COLLIER BLVD
W. LINE N.W.1/4
SECTION 14
SKETCH TO ACCOMPANY THIS IS NOT A BOUNDARY SURVEY K.E. Trask, P.A.
DESCRIPTION Land Surveyors
OF A PARCEL LYING IN /��/,�/ �" F o ao Fort Myers,
Business N.LB8130
SECTION 14,TOWNSHIP 50 SOUTH, / 44'r4-e l 29-212345)980 1 Road
kk / Myent,Florida 33966
(239)980-1495
RANGE 26 EAST, PROFESSIONALEwKo SURVEYOR DATE
at
COLLIER COUNTY,FLORIDA. FLORIDA LICENSE NO.LS4684 mm 11-29-22 la"19 15650 I 14-250' I�I19-156 I a 2 OF 2
6
I6B1
EXHIBIT "B"
K. E . TRASK, P.A.
LAND SURVEYORS
A PARCEL LYING IN
SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
(CONSERVATION EASEMENT)
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 14,TOWNSHIP 50
SOUTH, RANGE 26 EAST, BEING A PART OF THE PARCEL AS DESCRIBED IN OFFCIAL RECORDS BOOK 5841, PAGE 824, COLLIER
COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE S.00°49'12"W. ALONG THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 14 FOR 1338.98 FEET TO THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST
QUARTER OF SAID SECTION 14;THENCE N.87°28'39"E.ALONG SAID FRACTIONAL LINE FOR 100.17 FEET TO THE NORTHWEST
CORNER OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 5928, PAGE 1839,SAID PUBLIC RECORDS,AND THE POINT
OF BEGINNING;THENCE CONTINUE N.87°28'39"E.ALONG SAID NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER
OF SAID SECTION 14 FOR 1065.97 FEET; THENCE LEAVING SAID FRACTIONAL LINE, S.00°48'34"W. FOR 556.40 FEET; THENCE
S.87°32'15"W.FOR 385.55 FEET;THENCE N.47°30'42"W.FOR 62.28 FEET;THENCE S.87°32'15"W.FOR 633.85 FEET TO THE WEST
BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 5841, PAGE 824, SAID PUBLIC RECORDS; THENCE
N.00°49'12"E.ALONG SAID BOUNDARY FOR 511.21 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 562619.21 SQUARE FEET OR 12.92 ACRES, MORE OR LESS.
BEARINGS ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM,WEST ZONE, NORTH AMERICAN DATUM OF
1983, BASED ON THE WEST LINE OF SECTION 14 AS BEARING S.00°49'12"W.
K.E.TRASK, P.A. SEPTEMBER 20, 2022
FLORIDA LICENSED BUSINESS LB8450
/KENNETH E.TRASK
PROFESSIONAL LAND SURVEYOR
FLORIDA LICENSE LS4684
12345 BLASINGIM ROAD • FORT MYERS, FL 33966
SHEET 1 OF 2
7
1681
A
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OR 5841 PG 824
SOO'48'34'W 556.40'
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SUBJECT
OR 5448, PG 292 w EASEMENT
M OR 5841 PG 824
1.3 562619.21 SQUARE FEET
csl
isl 12.92 ACRES, MORE OR LESS
oo
I
co
LEGEND ^'
z
LB LICENSED BUSINESS o
LS LICENSED SURVEYOR v
P.O.B. POINT OF BEGINNING w
P.O.C. POINT OF COMMENCEMENT 1n (n
OR OFFICIAL RECORDS BOOK .. w
PG PAGE
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LINE TABLE N
L.
LINE BEARING DISTANCE N z
L1 N87'28'39"E 100.17' z N
L2 N47'30'42'W 62.28' 7 -..
Z (n J
Q
0 Z
C0 0
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3 0
W. BOUNDARY OR 5841 PG 824o
NOO'49'12"E 511.21'
P.O.B.
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P.O.C.
N.W. CORNER
�_��
SECTION 14 SO0'49'12"W 1338.98' W. LINE N.W.1/4 SECTION 14
SKETCH TO ACCOMPANY THIS IS NOT A BOUNDARY SURVEY K.E. Trask, P.A.
DESCRIPTION Land Surveyors
Florida Licensed Business No. L86450
OF A PARCEL LYING IN 12345 Blosingim Rood
SECTION 14,TOWNSHIP 50 SOUTH, / j� s, //2y-22 Fort Myers, Floridaoridaa 33966(239) 980-1495
RANGE 26 EAST, ENNETH E. TRASK DATE
PROFESSIONAL LAND SURVEYOR date dog scale jobs sheet
COLLIER COUNTY,FLORIDA. FLORIDA LICENSE NO. LS4684 9-20-22 l 19-156SK I 1"=15O' I 19-156 I 2 OF 2
8
1681
EXHIBIT "C"
CONSERVATION EASEMENT CONSENT AND SUBORDINATION
THIS CONSENT AND SUBORDINATION is dated this ( day of
_3Gn1n , 2022 by BLC Naples LLC, a Florida limited liability company
(hereinafter refErred to as the "Secured Party"), in favor of Collier County, Florida, a political
subdivision of the State of Florida, its successors and assigns (hereinafter referred to as
"County"). Secured Party as used herein includes singular or plural, as the context allows.
WHEREAS, the purpose of this Subordination is to subordinate the Secured Party's
security interest that encumbers good and marketable title to the Conservation Easement being
conveyed to Collier County,upon a portion of the underlying real property that is encumbered by
the Security Instrument described below; and
WHEREAS, the Secured Party is the owner and holder of that certain Mortgage and
Security Agreement from 3805 TLW, LLC, a Florida limited liability company (the "Security
Instrument"), recorded on November 5, 2020 in Official Records Book 5841, Page 832, of the
Public Records of Collier County,Florida; and
WHEREAS, the above-referenced Security Instrument grants to the Secured Party a
security interest that encumbers the Conservation Easement being conveyed to the County;and
WHEREAS,prerequisite to the conveyance of the Conservation Easement to the County,
the County requires that the Secured Party must consent to the Conservation Easement and
subordinate only its security interests in the Conservation Easement being conveyed to the County;
and the Secured Party is hereby complying with said request for the consent and subordination.
NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and
valuable consideration, the receipt of which is hereby acknowledged by the Secured Party, the
Secured Party hereby consents to the Conservation Easement and subordinates the lien of the
Security Instrument to the Conservation Easement. Except as expressly subordinated herein, the
Security Instrument and the lien(s)created thereby remain in full force and effect.
[signature on following page]
1
1681
IN WITNESS WHEREOF, the Secured Party has caused this Consent and Subordination
to be executed and delivered the date and year first above written.
Witnesses: BLC Naples LLC,a
Florida limited liability company
Print: Brent Bartholomew By: 4' ,4- `' 6'1„cew"
Print: Douglas R Bartholomew
4aamzze., _% ;, .&,,, amreur- Title: Manager
Print: Jasmine Faith Bartholomew
STATE OF f '' c Virginia
COUNTY OF emwer Roanoke
The foregoing instrument was acknowledged before me by means of 0 physical presence
or gonline notarization,this 4th day of January ,202 3 by Douglas R Bartholomew ,
as Manager of BLC Naples LLC, a Florida limited liability company, who is
personally known to me or has produced Driver License as identification.
WITNESS my hand and official seal.
1(4,6tbdte-- ii4A.; A (Seal)
,E"`'"o... Alexander Luls Marin
Notary Public ,.ff, ,`'
o ,
REGISTRATION NUMBER
>9 , Q/ 7871785
�.l'",c sot Pa COMMISSION EXPIRES
August 31,2024
Notarized online using audio-video communication •
2