Torres Family Holdings, LLC I6B1
THIS INSTRUMENT PREPARED BY&RETURN TO:
NAME: DAVID E. TORRES
C/O TORRES FAMILY HOLDINGS,LLC
ADDRESS: 7742 ALICO ROAD
FORT MYERS, FL 33912
INSTR 6428680 OR 6268 PG 1759
RECORDED 7/14/2023 12:43 PM PAGES 8
PARCEL I.D. # 00737000001 CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
DOC@.70$0.70 REC$69.50
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this 28th day of June, 2023, by Torres
Family Holdings, LLC , as Grantor, whose address is 7742 Alico Road, Fort Myers,
Florida 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] Torres Family Holdings, 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 "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
Torres Family Holdings, 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. Torres Family Holdings, 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.
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
Revised 2/13/2019 1
16S1
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. Torres Family Holdings, 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.
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1 6 B 1 4
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, sea d an delivered in the presence of:
WITN S• Torres Family Holdings, LLC
Prins ed Name: 1 A
474
By:
Printed Name: id E. Torres
Manager
Revised 2/13/2019 3
1 6 B 1 4
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing instrument was subscribed, sworn and acknowledged before me this
#28 day of .ti n c , 20 25 , by [authorized signor of
Grantor entity] 0. David E Torce_s as [title]
Manage( for [entity] -Mire.) Family 1-113 arras. LLG , and who is Air
personally known to me or [ ] who produced l as identification.
JaPIUmQAJ3 41.11(1116i•--
NOTARY PUBLIC
Printed Name:(amela M Sa Mae{
My Commission Expires:
i9C ig4., TAMEIA M.SCHRODER
i ,.� :. .I. MY COMMISSION#HH 121444
. �. a'� EXPIRES:April 25,2025
'``oR,J;.?a'. Bonded Thu Notary Public Underwriters
Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By:
Dotikit uty Clerk Rick LoCastro, Chairperson
latest as to Chalrlitarti THIS CONVEYANCE ACCEPTED BY THE BOARD OF
COUNTY COMMISSIONERS, COLLIER COUNTY,
tactatr') (1$11\/. FLORIDA, PURSUANT TO AGENDA DATED 2/23/2010,
ITEM NO. 16.13.1, RESOLUTION NO. 2010-39
•
Approved as to form and
Le I ufficienc :
/0
b6'EKb. Pete y
Assistant County Attorney
CP\I 1-ENS-00442\4
Revised 2/13/2019 4
1681
EXHIBIT A
16B1
K. E. TRASK, P.A.
LAND SURVEYORS
A PARCEL LYING IN
SECTION 12,TOWNSHIP 51 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
(TORRES FAMILY TRUST CPUD (PDI))
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN
SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, BEING A PART OF THE PARCEL AS DESCRIBED IN
OFFICIAL RECORDS BOOK 4869, PAGE 2269, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER
BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 12; THENCE S.01°01'01"W. ALONG THE
WEST LINE OF SAID SECTION 12 AND THE BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL
RECORDS BOOK 4869, PAGE 2269, FOR 328.34 FEET;THENCE S.88°59'56"E.ALONG SAID BOUNDARY AND
THE BOUNDARY OF IMPERIAL WILDERNESS CONDOMINIUM, SECTION THREE AS SHOWN ON
CONDOMIMIUM BOOK 31 PAGE 47-49, SAID PUBLIC RECORDS, FOR 329.99 FEET; THENCE N.00°55'27"E.
ALONG SAID BOUNDARY AND SAID CONDOMINIUM BOUNDARY FOR 560.34 FEET TO THE BOUNDARY OF
THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 1011, PAGE 1890,SAID PUBLIC RECORDS;THENCE
N.89°04'33"W.ALONG SAID BOUNDARY FOR 10.00 FEET;THENCE N.00°55'27"E.ALONG SAID BOUNDARY
FOR 5.35 FEET TO THE BOUNDARY OF THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 1011, PAGE
1885, SAID PUBLIC RECORDS; THENCE N.89°04'33"W. ALONG SAID BOUNDARY FOR 7.94 FEET; THENCE
N.00°55'27"E.ALONG SAID BOUNDARY FOR 106.91 FEET TO THE SOUTH RIGHT OF WAY LINE OF TAMIAMI
TRAIL EAST(U.S. 41—S.R. 45);THENCE N.54°25'25"W.ALONG SAID RIGHT OF WAY LINE FOR 377.86 FEET
TO SAID WEST LINE OF SAID SECTION 12 AND SAID BOUNDARY OF THE PARCEL AS DESCRIBED IN OFFICIAL
RECORDS BOOK 4869, PAGE 2269; THENCE S.00°59'41"W. ALONG SAID WEST LINE AND SAID BOUNDARY
FOR 558.67 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 252986.82 SQUARE FEET, 5.81 ACRES, MORE OR LESS.
BEARINGS ARE BASED ON THE WEST LINE OF SECTION 12 AS BEARING S.01°01'01"W.
K.E.TRASK, P.A. APRIL 3, 2023
FLORIDA LICENSED BUSINESS LB8450
Kenneth E. Digitally signed by Kenneth C.
Trask
Trask Date:2023.04.06 11:44:09
-04'00'
KENNETH E.TRASK
PROFESSIONAL LAND SURVEYOR
FLORIDA LICENSE LS4684
12345 Blasingim Road • Fort Myers, FL 33966
SHEET 1 OF 2
1681
TgMf SKETCH TO
7 MI-Op- T ACCOMPANY
ilk DESCRIPTION
So, 4;5, S,- OF A PARCEL LYING IN
a4,+04%S2S ` �S SECTION 12,TOWNSHIP 51 SOUTH,
�}04,41-/.. ,1),gs • g1 RANGE 26 EAST,
ia,s9 ��'� SR COLLIER COUNTY, FLORIDA.
226,9Q 'Ks,
I` LESS AND
1p EXCEPT PARCEL ....0 (OR 1011, PG 1885)
I-
a -LESS AND
0, EXCEPT PARCEL
b (OR 1011, PG 1890)
0
N
L3j
L2 L1
LINE TABLE
L1 N89'04'33"W 10.00'
L2 N00'55'27"E 5.35'
60.00 ROADWAY L3 N89'04'33"W 7.94'
EASEMENT L4 N00-55'27"E 106.91'
(O.R. 185, PG. 466)
SUBJECT PARCEL IMPERIAL WILDERNESS
CONDOMINIUM,
PART OF SECTION THREE
OR 4869, PG 2269 (CB 31, PG 47-49)
252986.82 SQUARE FEET
5.81 ACRES, MORE OR LESS
CD
m
N
N
a M LEGEND
P.O.B.
W. 1/4 CORNER m vOi P.O.C. POINT OF COMMENCEMENT
SECTION 12 a P.O.B. POINT OF BEGINNING
0
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LS LICENSED SURVEYOR
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o OR OFFICIAL RECORDS BOOK
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THIS IS NOT A BOUNDARY SURVEY
Digitally signed by Kenneth E.
Z� Kenneth E.Trask Trask
Date:2023.04.0611:43:50-04'00'
i.lo
`''I,, KENNETH E. TRASK DATE
' ,-.- "^ PROFESSIONAL LAND SURVEYOR
-r-r, m FLORIDA LICENSE NO. LS4684
,orrao?' L BOUNDARY OR 4869, PG 2269 ` K.E. Trask, P.A.
S88'59'56"E 329.99' _„.,
Land Surveyors
IMPERIAL WILDERNESS
CONDOMINIUM, Florida Licensed Business No. LB8450
SECTION THREE 12345 Blasingim Road
(CB 31, PG 47-49) Fort Myers,Florida 33966
(239) 980-1495
dote 4-3-23 I16-24SK—BND I°1"=100' I ,16-24 12 OF 2
t6 B1
EXHIBIT B
16B1
K. E. TRASK, P.A.
LAND SURVEYORS
AN EASEMENT LYING IN
SECTION 12,TOWNSHIP 51 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
(CONSERVATION EASEMENT)
AN EASEMENT SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 12,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, BEING OVER AND ACROSS THE PARCEL AS DESCRIBED IN OFFICIAL
RECORDS BOOK 4869, PAGE 2269, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED
AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 12;THENCE S.01°01'01"W.ALONG THE
WEST LINE OF SAID SECTION 12 AND THE WEST LINE OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS
BOOK 4869, PAGE 2269,FOR 328.34 FEET;THENCE S.88°59'56"E.ALONG THE SOUTH LINE OF SAID PARCEL
FOR 30.00 FEET TO THE EAST LINE OF A 60.00 FOOT WIDE ROADWAY EASEMENT AS DESCRIBED IN
OFFICIAL RECORDS BOOI< 185, PAGE 466, SAID PUBLIC RECORDS; THENCE N.01°01'01"E. ALONG SAID
EASEMENT LINE, FOR 26.00 FEET TO THE POINT OF BEGINNING;THENCE CONTINUE N.01°01'01"E.ALONG
SAID EASEMENT LINE FOR 85.00 FEET;THENCE 5.88°59'56"E. FOR 170.41 FEET;THENCE N.17°36'17"E.FOR
151.31 FEET; THENCE S.88°59'56"E. FOR 59.98 FEET; THENCE S.00°55'27"W. FOR 230.00 FEET; THENCE
N.88°59'56"W. FOR 273.95 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 35125.20 SQUARE FEET,0.81 ACRES, MORE OR LESS.
BEARINGS ARE BASED ON THE WEST LINE OF SECTION 12 AS BEARING S.01°01'01"W.
TRASK SURVEYING, P.A. FEBRUARY 7, 2023
FLORIDA LICENSED BUSINESS LB8082
Digitally signed by Kenneth E.
Kenneth E.Trask Trask
Date:202 3.02.07 11:20:08-05'00'
KENNETH E.TRASK
PROFESSIONAL LAND SURVEYOR
FLORIDA LICENSE L54684
SHEET 1 OF 2
12345 Blasingim Road • Fort Myers, FL 33966
1 6 B 1
N TqM SKETCH TO
1. /t. ACCOMPANY
Rq1� DESCRIPTION
F,9S�. OF AN EASEMENT LYING IN
(/ SECTION 12, TOWNSHIP 51 SOUTH,
•S st1 RANGE 26 EAST,
•S�
COLLIER COUNTY, FLORIDA.
S
Z
LINE TABLE
LINE BEARING DISTANCE
L1 S88'59'56"E 30.00'
L2 NO1'01'01"E 26.00'
60.00 ROADWAY I , L3 N01'01'01"E 85.00'
EASEMENT L4 S88'59'56"E 59.98'
(O.R. 185, PG. 466)
PARCEL DESCRIBEDOR 486, PG9 LEGEND
P.O.C. POINT OF COMMENCEMENT
P.O.B. POINT OF BEGINNING
LS LICENSED SURVEYOR
LB LICENSED BUSINESS
P.O.C. O.R. OFFICIAL RECORDS BOOK
W. 1/4 CORNER
SECTION 12 P.B. PLAT BOOK
C.B. CONDOMINIUM BOOK
L4 PG. PAGE
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O my^' a — S88'59'56"E 170.41' J n
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o Kenneth E.Trask Digitally signed by Kenneth E.Trask
v 1�
SUBJECT '" Date:2023.02.07nn9:52-05'00'
p I��
�� o EASEMENT KENNETH E. TRASK DATE
W $A P.O.B. PROFESSIONAL LAND SURVEYOR
� "^ N88'59'56"W 273.95' FLORIDA LICENSE NO. LS4684
iz�
1.rrnen J
=x / L1
K.E. Trask, P.A.
I
7
IMPERIAL WILDERNESS Land Surveyors
S. LINE CONDOMINIUM, Florida Licensed Buaineee No. LB8450
SECTION THREE 12345 Blasingim Road
PARCEL DESCRIBED IN (C.B. 31, PG. 47-49) Fort Myers, Florida 33966
OR 4869, PG 2269
(239) 980-1495
dots 2-7-23 II6-24SK-PRESI�1'=100' I ,16-24 I1 2 OF 2