LCEC Conservation Easement
THIS INSTRUMENT PREPARED BY & RETURN TO:
NAME: JOHN A. NOLAND
ADDRESS: PO BOX 280
FORT MYERS, FL 33902
PARCEL I.D. # 00127800002
SPACE ABOVE THIS LINE FOR PROCESSING DATA
SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this 9Jl day of
S~~b-AS , 20~, by LEE COUNTY ELECTRIC
COOPE~TIVE, 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
_J
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-
Lb ~~ profit corporation
prin~: - - l/flC? rI~d3Y:,s~ &,~.
William D. Hamilton, Executive Vice
President and Chief Executive
Officer
~~~
Printed Name: 7\/1-1/0'0 ;:CSom
Revised 9/8/11
3
STATE OF FLORIDA )
COUNTY OF LEE )
The foregoing instrument was subscribed, sworn and acknowledged before
me this q'tl-.. day of Syo ~v.u.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 [)g
personally known to me or [ ] who produced ~ CL as
identification.
.:,.o,\~.V.:~t> JUlIEVAUGHN
.. . MY COMMISSION. DO 199966
* .,.
EXIIIAES: October 17, 2013
"'~'t OF f\,~'" IInded Thru B_ NttIry SerIices
My Commission Expires: lo/n/) 3
Acceptance by Grantee:
ATTEST:
DWIGHT E.' ~RQCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
('.
'1uJ-w. ~
FRED W. COYLE, CHA AN
Approved as to form and
Legal sufficiency:
....
Revised 9/8/11
4
EXHIBIT nA n
STA TE ROAD NO. 29
500'36'12"[ 175.10'
(REFERENCE BEARING)
z
-ft
SCALE IN FEET
I I
o 30 60
* ABBREVIA TlONS:
OR. = OFFICIAL RECORDS
LEGAL DESCRIPTION: OR. 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 SO Teet, in
Section 5, Township 47 South, Range 29 East.
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LINE TABLE
No. Bearing Length
L1 NOO'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
NOO'36'12"W 175.00'
SKETCH ONL Y- THIS IS NOT A SURVEY
FOR: LEE COUNTY ELECTRIC CO-OPERATIVE Aug 21, 2008 - 08:56:40 SEREK!X:\SUR\F0194\400-0verall-Sile\08-Skelch-Descriplion\SM-F0194-400SU2,dwg
~~E~~~LA~~ Dti~~Pi~ONpART OF SECTION 5, Wil."ille, 1'=~m:'Ce~llrk~l.lkj~f;;:f/14J
TOWNSHIP 47 SOUTH,RANGE 29 EAST, Planners . Engineers . Ecalogists 'Surveyars . Landscape Architects' Transportatian Cansultants
W1lsonMiller. Inc.
COLLIER COUNTY, FLORIDA /280/ Weslli11lis Drive Suil. IIJ6.Forf IJyers, Florido JJ9/J-8OfX) . Phone 2J9-919-I020 . Far 2J9-9J9-1412 . Web-Sil. ...,.ilsonmiller.com
TASK CODE: IDRAWN BY: ICHKED BY: ICAD FILE: J PROJECT NO: .1 SHEET I DRAWING INDEX NO: I REV:
21000 GPB SPE SM-F0194-400SU21 FO 194-073-0021 1 OF 2 I FO 194-400-SU2
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EXHIBIT nBn
LINE TABLE ~
No. Bearing Len th
L1 NOO'36'12"W 16.00'
L2 N89'27'13"E 16.00'
~ N89'26'40"E
16.00' ~ 4. 0'
SCALE IN FEET
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Being a portion of 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,
Section 5, Township 47 South, Range 29 East,
Collier County, Florida, being more particularly
described as follows:
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COMMENCE at the Southwest corner of said
parcel; thence along the West line N.00'36'12"W,
16.00 feet; thence leaving said West line
N. 89'27' 1J"E, 16.00 feet to the POINT OF
BEGINNING; thence N.00'36'12"W., 143.00 feet;
thence N.89'26'40"E., 54.00 feet; thence
S.00'36'12"E., 143.01 feet; thence S.89'27'13"W.,
.54.00 feet to the POINT OF BEGINNING.
P.O.8.
S89'27'13"W
54.00'
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Said parcel contains . 18 acres, more or
less.
Subject to easements, restrictions,
reservations and rights-of-way of record.
POINT OF COMMENCEMENT
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 SO FEET. OR BOOK 923 PG. 1558
Bearings are based on the State Plane
Coordinate System, North American Datum
of 1983/1990 adjustment (NAD83/90),
Florida East Zone. The reference bearing is
based on the West Right-of-Way State
Road No. 29 being S. 00'36' 12'E.
, ABBREVIA TIONS:
P.O.8. = POINT OF BEGINNING
OR. = OFFICIAL RECORDS
AC. = ACRE$
NO. = NUMBER
WILSONMILLER, INC
LICENSED BUSINESS NO. LB43
:~J1u.vZ.
MARK D. WES
PROFESSIONAL SURVEYOR & MAPPER NO. LS5312
STATE OF FLORIDA
SKETCH ONL Y- THIS IS NOT A SURVEY
Jun 03. 2011 - 13:15:60 MHAINESIV:\2156\oc\ive\21561 0378\survey\400-lmmokole. SubS\otion\08-Sketch-Oescription\SM-F0194-400SU2(2).dw9
FOR: LEE COUNTY ELECTRIC CO-OPERATIVE
SKETCH AND DESCRIPTION
PARCEL OF LAND IN PART OF SECTION 5,
TOWNSHIP 47 SOUTH, RANGE 29 EAST,
COLLIER COUNTY, FLORIDA
TASK CODE:
21000
W:.elMtU'T.J _iu.r. Inc. - Fll.ic./ lC-COfJOllO
.,.....,..""..., _iter. Ine - C'llIlieole of Authorizolion /4J
Planners . Engineers' Ecologists 'Surveyors' Landscape Architects' Transportation Consultants
W,)sonMiller, Inc,
12801 Wesllinks JJrive Suile 106. ForI Myers, Fkilido JJ9IJ-8000 . PhOlle 219-919-1020 . Fox 2J9-919-JII2 . Web-Sile .rr""~OIIR/iII<t,CJJm
CAD FILE: PROJECT NO:
SM-F0194-400SU2 F0194-073-00
SHEET
2 OF 2
DRAWING INDEX NO:
FO 194-400-SU2
REV:
6/3/11