EMS Station No. 73 (Deed of Conservation Easement
Memorandum
TO:
Minutes & Records Management
FROM:
Jason Bires
Property Acquisition Specialist
Real Estate Services
DATE:
January 28, 2008
RE:
Deed of Conservation Easement - EMS Station 73
Please find attached one (1) original recorded Deed of Conservation Easement for the
above referenced project.
The Board of County Commissioners of Collier County, Florida approved the Deed of
Conservation Easement at their January 15,2008 meeting, item number 16F3.
Please contact me if you have any questions or comments at Extension 8719.
Thank you.
Attachment as stated
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
DEED OF CONSERVATION EASEMENT
tL
TH1S DEED OF CONSERVATION EASEMENT is given this J 5 day of
~GJi" , 20~, by Collier County, a political subdivision of the State of Florida, c/o
Facilities Management, ("Grantor") whose mailing address is 3301 Tamiami Trail East, Naples,
FL 34112, to the South Florida Water Management District ("Grantec"). As used herein, the term
"Grantor" shall include any and all heirs, successors or assigns of the Grantor, and all subsequent
owners of the "Property" (as hereinafter defined) and the term "Grantee" shall include any and all
successor or assignee of Grantee.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in Collier County, Florida,
and more specifically described in Exhibit "A" att\lched hereto and incorporated herein
("Property"); and
WHEREAS, the Grantor desires to construct EMS Station No. 73 ("Project") at a site in
Collier County, which is subject to the regulatory jurisdiction of South Florida Water Management
District ("District"); and
WHEREAS, District Permit No. 11-02779-1' ("Permit") authorizes certain activities which
affect waters in or of the State of Florida; and
WHEREAS, this Permit requires that the Grantor preserve, enhance, restore and/or mitigate
wetlands and/or uplands under the District's jurisdiction; and
WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is
agreeable to granting and securing to the Grantee a perpetual Conservation Easement as defined in
Section 704.06, Florida Statutes, over the area described on Exhibit "8".
NOW, THEREFORE, in consideration of the issuance of the Permit to construct and
operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together
with other good and valuable consideration, the adequacy and receipt of which are hereby
acknowledged, Grantor hereby grants, creates, and establishes a perpetual Conservation
Easement for and in favor of the Grantee upon the property described on Exhibit "B" which shall
run with the land and be binding upon the Grantor, and shall remain in full force and effect
forever.
The scope, nature, and character of this Conservation Easement shall be as follows:
I. Recitals. The recitals hereinabove set forth are true and correct and are hereby
incorporated into and made a part of this Conservation Easement.
Form No. 1190
Standard
Rev. 01/2007
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OR: 4321 PG: 4123
2. Purpose. It is the purpose of this Conservation Easement to retain land or water
areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to
retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas
included in this Conservation Easement which are to be enhanced or created pursuant to the Permit
shall be retained and maintained in the enhanced or created conditions required by the Permit.
To carry out this purpose, the following rights are conveyed to Grantee by this easement:
a. To enter upon the Property at reasonable times with any necessary
equipment or vehicles to enforce the rights herein granted in a manner that will not umeasonably
interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and
b. To enjoin any activity on or use of the Property that is inconsistent with this
Conservation Easement and to enforce the restoration of such areas or features of the Conscrvation
Eascment that may be damaged by any inconsistent activity or use.
3. Prohibited Uses. Except for restoration, creation, enhancement, maintenance and
monitoring activities, or surface water management improvements, or other activities described
herein that are permitted or required by the Permit, the following activities are prohibited in or on
the Conservation Easement:
a. Construction or placing of buildings, roads, sIgns, billboards or other
advertising. utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill, or
dumping or placing of trash, waste, or unsightly or offensive materials;
e. Removal or destruction of trees, shrubs, or other vegetation, except for the
removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other
material substance in such manner as to affect the surface;
e. Surface use except for purposes that pem1it the land or water area to remain
in its natural or enhanced condition;
f. Activities detrimental to drainage, tlood control, water conservation, erosion
control. soil conservation, or fish and wildlife habitat preservation including, but not limited to,
ditching, diking and fencing;
g. Acts or uses detrimental to such aforementioned retention of land or water
arcas;
h. Acts or uses which are detrimental to the preservation of the structural
intcgrity or physical appearance of sites or properties having historical, archaeological, or cultural
significance.
Form No. 1190
Standard
Rev. 0112007
2
OR: 4321 PG: 4124
4. Grantor's Reserved Rights. Grantor reserves all rights as owner of the Property,
including the right to engage in uses of the Property that are not prohibited herein and which are not
inconsistent with any District rule, criteria, permit and the intent and purposes of this Conservation
Easement.
5. No Dedication. No right of access by the general public to any portion of the
Property is conveyed by this Conservation Easement.
6. Grantee's Liability. Grantee shall not be responsible for any costs or liabilities
related to the operation. upkeep or maintenance of the Property.
7. Property Taxes. Grantor shall keep the payment of taxes and assessments on the
Easement Parcel current and shall not allow any lien on the Easement Parcel superior to this
Easemcnt. In the event Grantor fails to extinguish or obtain a subordination of such lien, in
addition to any other remedy. the Grantee may, but shall not be obligated to, elect to pay the lien
on behalf of the Grantor and Grantor shall reimburse Grantee I()r the amount paid by the Grantee,
together with Grantee's reasonable attorney's fees and costs, with interest at the maximum rate
allowed by law, no later than thirty days after such payment. In the event the Grantor does not so
reimburse the Grantee, the debt owed to Grantee shall constitute a lien against the Easement
Parcel which shall automatically relate back to the recording date of this Easement. Grantee may
foreclose this lien on the Easement Parcel in the manner provided for mortgages on real property.
8. Enforcement. 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 waivcr or Grantee's rights hereunder.
9. Assignment. Grantee will hold this Conservation Easement exclusively for
conscrvation purposes. Grantee will not assign its rights and obligations under this Conservation
Easement except to another organization or entity qualified to hold such interests undcr the
applicable state laws.
10. Severability. If any provision of this 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
Eascment is preserved.
11. Terms and Restrictions. Grantor shall insert the terms and restrictions of this
Conservation Easement in any subsequent deed or othcr legal instrument by which Grantor divests
itself of any intercst in the Conservation Easement.
12. Written Notice. 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.
Form No. 1190
Standard
Rev. 0112007
3
OR: 4321 PG: 4125
13. Modifications. This Conservation Easement may be amended, altered, released or revoked
only by written agreement between the parties hereto or their heirs, assigns or successors-in-interest,
which shall be filed in the public records in Collier County.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions,
restrictions and purposes imposed with this Conservation Easement shall be binding upon Grantor,
and shall continue as a servitude running in perpetuity with the Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property
in fee simple; that the Conservation Easement is free and clear of all encumbrances that are
inconsistent with the terms of this Conservation Easement; and all mortgages and liens on the
Conscrvation Easement area, if any, have been subordinated to this Conservation Easement; and
that Grantor has good right and lawful authority to convey this Conservation Easement; and that it
hereby fully warrants and defends the title to the Conservation Eascmcnt hereby conveyed against
the lawlul claims of all persons whomsoever.
IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by
its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, this
_\S~ dayof '31r-, ,20~
BOARD OF r;;'OUNTY COMMISSIONERS
COLLlER.lI(m ~I/"'ln^
~ .6'~
By:__
;;::f,,,,",
,~'ft4 aT' 1~ 1'111 1Vf11ct.,
'/ ;f A h -hA. ____
,,/ Ass 1 stilt C....t, At..,
Ell... T. QMlMll
This Conveyance Approved Dy
The Board Of County
Commissioners
Collier County Florida.
pu.'S~ntTO~nda I'f"
Date: .".0 em No: e ~
Form No. 1190
Standard
Rev. 0112007
4
OR: 4321 PG: 4126
Signed, sealed and delivered in our presence as witnesses:
(Signature)
(Signature)
By:
Name:
(Print)
(Print)
COUNTY OF
On this 20 before me, the u ersigned notary public,
personally appeared , thc person who su scribed to the foregoing
instrument, as the (title), of (corporation), a
Florida Corporation, and ackn wi edged that he/she executed the sa e on behalf of said corporation
and the he/she was duly authori' ~ d to do so. He/She is personal known to me or has produced a
(state) dr er's license as identiticatio .
IN WITNESS WHEREOF, I hereunto. t my hand and offi
NOT AR Y PUBLIC, ST ATE OF FLORIDA:
Name:
My Commission Expires:
5
OR: 4321 PG: 4127
MORTGAGEE JOINDER, CONSENT AND SUBORDINATION
For Ten Dollars ($10.00) and other good and valuable consideration, the adequacy
receipt f which are herby acknowledged,
the owne and holder of a mortgage dated
111 the riginal principal amount of $ by
("Grantor") to
("Mortgagee"), e cumbering the real property described on Exhibit "A"
("Property"), whicH is recorded in Official Records Book , at Page
, (together with that certain Assignment 0 f Leases a CI Rents recorded in
Official Records Book , at Page an those certain UCC-I
Financing Statement(s) ecorded in Official Records Book , at Page
____ _ ), all of t Public Records of County, Florida
(said mortgage. assignment of ases and rents, and UCC- 1 Financin tatements, as modi lied, are
hcreinaller referrcd to as the "M gagee"), hereby joins in, consent to and subordinates the lien of
its Mortgage, as is has been, and a it may be, modi tied, amende and assigned 1rom time to time,
to the forcgoing Conservation Easem t, executed by
in favor of the South Florida Water Ma agement District app, cable to thc Conservation Easement,
as said Conservation Easement may be m ified, amended d assigned from time to time, with the
intent that the Mortgage shall be subject an ubordinate the Conservation Easement.
IN WITNESS WHEREOF, this Mortgag e J
day of
der, Consent and Subordination is madc this
,20___
By: _____
(Signature)
Name:
Title:
WITNESSES:
By:
(Sign<llun:)
Name:
(Murtgagee)
(Print)
By:
Name:
(Print)
6
TE OF FLORIDA
TYOF
OR: 4321 PG: 4128
day of
(prjn name), as
(Grantor of ortgage), on
(Mortgagee, Grantor of the Conserv ion Easement).
to me or has produced a (state) driver's
The
instrument was acknowledged before me this
, 20 by
(title) of
behalf of th
He/She is pe onally known
license as identl lcation.
[N WITNESS W 'REOI', I hereunto set my hand and official seal.
NOTAR Y PUBLIC, ATE OF FLORIDA
Name:
My Commission Expires:
(Signature)
(Print)
7
OR: 4321 PG: 4129
EXHIBIT "A"
Tract 19, Golden Gate Estates, Unit No. 95, in
accordance with and subject to the plat recorded in
Plat Book 9, Page 45, Public Records, Collier
County, Florida (41820800009)
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