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Florida Communities Trust Declaration of Restrictive Covenants Amendment INSTR 4718376 OR 4817 PG 2217 RECORDED 7/17/2012 9:57 AM PAGES 9 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA This instrument prepared by: REC$78.00 Kristen L. Coons, Esq. Florida Communities Trust Department of Environmental Protection 3900 Commonwealth Blvd. Tallahassee, FL 32399-3000 FLORIDA COMMUNITIES TRUST FF6 AWARD#06-043-FF6 FCT Contract#07-CT-96-06-F6-J1-043 GORDON RIVER GREENWAY PARK AMENDMENT I TO THE DECLARATION OF RESTRICTIVE COVENANTS THIS AMENDMENT I to the DECLARATION OF RESTRICTIVE COVENANTS is entered into this IZtlklay ofjne, , 2012, by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a nonregulatory agency within the State of Florida Department of Environmental Protection, and COLLIER COUNTY, a political subdivision of the State of Florida ("Recipient"), in order to impose terms, conditions, and restrictions on the use of the proceeds of certain bonds, hereinafter described, and certain lands acquired with such proceeds and as described in Exhibit "A.I"1 attached hereto and made a part hereof("Project Site"), as shall be necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implement provisions of Chapters 259.105, 259.1051, and 380, Part III, Florida Statutes. WHEREAS, FCT and Recipient entered into a Declaration of Restrictive Covenants recorded on July 3, 2007, in Official Records Book 4253, page 0713, Public Records of Collier County, Florida, ("Declaration") at the time of the acquisition of the Project Site, as described in Exhibit"A"to the Declaration of Restrictive Covenants; WHEREAS, FCT has approved the terms under which the Project Site was acquired by the Recipient and the Project Site shall be subject to such covenants and restrictions as are sufficient to ensure that the use of the Project Site at all times complies with Section 375.051, Florida Statutes and Section 9, Article XII of the State Constitution and such covenants and restrictions shall contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund upon the failure of the Recipient to use the Project Site acquired thereby for such purposes; and WHEREAS, such covenants and restrictions shall be imposed by an agreement which shall describe with particularity the real property which is subject to the agreement and shall be 1 Not all described lands have been acquired with proceeds of FCT Bonds. DRC\06-043-FF6 AMENDI/April 3, 2012 1 recorded in the public records of Collier County, Florida, the county in which the real property is located; and WHEREAS, Paragraph II of the Declaration of Restrictive Covenants states that either party may request modification of the provisions of this Agreement at any time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement; and WHEREAS, the purpose of this Amendment is to amend the project boundaries to remove certain parcels from the original Project Site and include other parcels owned by Collier County to the Project Site; and WHEREAS, Collier County is willing to include additional lands owned by Collier County to the Project Site and place the terms and conditions of the Declaration over those certain parcels in exchange for the release of certain lands from the Declaration that were acquired by the FCT program using Florida Forever Funds. NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FCT and Recipient do hereby contract and agree as follows: The Declaration of Restrictive Covenants recorded on July 3, 2007, in Official Records Book 4253, page 0713, Public Records of Collier County, Florida, is hereby amended to amend the Project Site boundaries as described in Exhibit "A" to the Declaration of Restrictive Covenants. This Amendment I to the Declaration of Restrictive Covenants, including that document's Exhibit "A" and this document's Exhibit "A.I.," embody the entire agreement between the parties. Exhibit A.II is a location map that depicts the new overall FCT parcel. SIGNATURE PAGE TO FOLLOW REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DRC\06-043-FF6 AMENDI/April 3, 2012 2 IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment 1 to the Declaration. -, .2c) ► �-- ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT.E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA % _ !�ri-A-ot` By: DEPUT si a Rf Chi f rO N 4 FRED W. COYLE, CHAI i 19i4turQ *a 4. Approval as to form and legal Sufficiency: Jennifer B. White Assistant County Attorney DRC\06-043-FF6 AMENDI/April 3 , 2012 3 Witnesses: FLORID COMM j `,;�ot�S T�UJ Print Nam-I =1M. p,Q.� Clay S allwood, Director I Division of State Lands Q Date: (�/2- 02' Print Name: yA.44- t e Tones Accepted as to Legal Form and Suffic. c Kristen . Coons, Trust Counsel Date: ( 3-0( STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this is day of � a , 2012 by Clay Smallwood, Director, Division of State Lands. He is personally known to me. A ,- Notary Public 6 I ,.•�:;:. Print Name:Shcxx 41). Jwt- S •,��. 'r�,: SHERYL P.JONES (, Commission#EE 081709 Commission No. V • o,.= Expires May 3,2015 .4,844W Bonded Nu Irv/Fan Insurance g(p357019 , My Commission Expires: DRC\06-043-FF6 AMENDI/April 3 , 2012 4 Exhibit"A.I."to Amendment Ito Declaration of Restrictive Covenants LEGAL DESCRIPTION The following amendments are made to the legal description (Exhibit A) of the Declaration of Restrictive Covenants recorded on July 3, 2007, in Official Records Book 4253, page 0713, Public Records of Collier County, Florida. AND ALSO (Parcel "A"): All of that part of Lot 3, according to the plat of Naples Improvement Co's. Little Farms, Plat Book 2, page 2, of the public records of Collier County, Florida, being more particularly described as follows; Commencing at the south 1/4 corner of Section 27, Township 49 South, Range 25 East, Collier County, Florida; Thence North 89°46'00" East 74.16 feet to a point on the east right of way of Goodlette-Frank Road as recorded in Official Records Book 246, page 59, of the public records of Collier County, Florida.; Thence along said right of way North 04°39'15" West 148.44 feet to the north line of said Lot 3; Thence along said north line North 89°40'10" East 690.97 feet to the Point of Beginning; Thence continue along said north line North 89°40'10" East 70.99 feet; Thence leaving said north line South 01°38'39" East 94.94 feet; Thence North 89°47'09"East 137.16 feet; Thence North 28°23'14" East 108.55 feet to the north line of said Lot 3; Thence along said north line North 89°40'10" East 542.70 feet; Thence leaving said north line South 13°47'20" West 187.35 feet; Thence South 08°57'31" West 1.40 feet; Thence South 89°40'15" West 759.26 feet; Thence North 00°19'50" West 183.05 feet to the Point of Beginning. Containing 2.93 acres more or less. Subject to easements and restrictions of record. Bearings are based on the east quarter section line of said Section 27, being North 00°16'50" West. (Parcel "A") And also PROPERTY TAX IDENTIFICATION NUMBER: 00268160009 THE SOUTHEAST (SEA) QUARTER OF NORTHEAST (NE1/4) QUARTER AND THAT PART OF THE NORTHEAST (NE1/4) QUARTER OF THE SOUTHEAST (SE1/4) QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING EAST OF THE CREEK, LESS AND EXCEPT THE FOLLOWING TWO PARCELS: DRC\06-043-FF6 AMENDI/April 3 , 2012 5 ALL THAT TRACT OF PARCEL OF LAND LYING AND BEING IN THE NORTHEAST(NE1/4) QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST BOUNDARY OF STORTER SUBDIVISION WITH THE NORTH RIGHT-OF-WAY LINE OF A CANAL, RECORDED IN PLAT BOOK 5, PAGE 106; RUN IN A NORTHERLY DIRECTION 149.00 FEET, MORE OR LESS, TO THE SOUTH BOUNDARY OF GORDON RIVER HOMES SUBDIVISION, RECORDED IN PLAT BOOK 2, PAGE 84; THENCE IN AN EASTERLY DIRECTION ALONG WITH THE SOUTH BOUNDARY OF GORDON RIVER HOMES A DISTANCE OF 133.00 FEET,MORE OR LESS, TO THE MEAN HIGH WATER LINE OF GORDON RIVER; THENCE IN A SOUTHEASTERLY DIRECTION FOLLOWING THE MEANDERINGS OF THE M.H.W. LINE OF GORDON RIVER TO THE EASTERLY EXTENSION OF THE NORTH RIGHT-OF-WAY LINE OF THE CANAL IN STORTER SUBDIVISION AS RECORDED PLAT BOOK 5, PAGE 106; THENCE IN A WESTERLY DIRECTION ALONG THE EASTERLY EXTENSION OF THE NORTH RIGHT-OF-WAY LINE OF SAID CANAL TO THE POINT OF BEGINNING. AND A PORTION OF THE SOUTHEAST(SE 1/4) QUARTER OF THE NORTHEAST (NE 1/4) QUARTER, SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA DESCRIBED AS FOLLOWS: BEGINNING AT A POINT KNOWN AS "POINT OF ENDING OF BULKHEAD LINE NUMBER 3"AS SHOWN AND DESCRIBED ON THE BULKHEAD LINE PLAT, RECORDED IN BULKHEAD LINE PLAT BOOK 1 AT PAGE 24, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; RUN SOUTH 89° 42' 36" EAST, ALONG SAID BULKHEAD LINE NUMBER 3, FOR 217.80 FEET; THENCE RUN SOUTH 29° 16' 45"EAST, STILL ALONG SAID BULKHEAD LINE, FOR 144.56 FEET; THENCE RUN NORTH 89° 42' 36" WEST, FOR 289.14 FEET, TO THE WEST LINE OF THE SOUTHEAST (SE 1/4) QUARTER OF THE NORTHEAST (NE 1/4) QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID POINT BEING ON DRC\06-043-FF6 AMENDI/April 3 , 2012 6 THE NORTHERLY RIGHT-OF-WAY LINE OF BEMBURY DRIVE BY POSSESSION AS MONUMENTED ON THE GROUND, SAID POINT BEING 362.32 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SOUTHEAST(SE 'A) QUARTER OF THE NORTHEAST(NE 1/4) QUARTER AS SHOWN ON SAID BULKHEAD PLAT(SURVEYOR'S NOTE: THE NORTHERLY RIGHT-OF-WAY LINE OF BEMBURY DRIVE IS SHOWN AS BEING 360 FEET SOUTH OF SAID NORTHWEST CORNER ON PLAT OF STORTER SUBDIVISION AS RECORDED IN PLAT BOOK 5, PAGE 106, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA); THENCE RUN NORTH 0° 17' 24" EAST, ALONG THE AFOREMENTIONED WEST LINE FOR 125.73 FEET TO THE POINT OF BEGINNING; CONTAINING 0.732 ACRES; TOGETHER WITH ALL RIPARIAN RIGHTS, INCLUDING ANY LAND CONTIGUOUS TO, AND WATERWARD OF, THE HEREIN DESCRIBED PORTION OF BULKHEAD LINE NUMBER 3. CONSISTING OF 43.54 ACRES, MORE OR LESS. LESS AND EXCEPT (Parcel "C"): All of that part of Lot 3, according to the plat of Naples Improvement Co's. Little Farms, Plat Book 2, page 2, of the public records of Collier County, Florida, being more particularly described as follows; Commencing at the southwest corner of said Lot 3; Thence along the south line of said Lot 3 North 89°40'15" East 73.78 feet to a point on the east right of way of Goodlette-Frank Road as recorded in Official Records Book 246, page 59, of the public records of Collier County, Florida and the Point of Beginning. Thence along said right of way North 04°39'15" West 312.14 feet to a line parallel with and 311.25 feet(measured to right angles) north of the south line of said Lot 3; Thence run east parallel with said south line North 89°40'15" East 677.12 feet to the extended west line of those lands described in Official Records Book 767, page 278, of the public records of Collier County, Florida; Thence along said west line South 00°19'50" East 311.25 feet; Thence South 89°40'15" West 653.58 feet to the Point of Beginning. Containing 4.75 acres more or less. Subject to easements and restrictions of record. Bearings are based on the east quarter section line of said Section 27, being North 00°16'50" West. (Parcel "C") LESS AND EXCEPT (Parcel "D"): DRC\06-043-FF6 AMENDI/April 3 , 2012 7 A portion of Lot 6,Naples Improvement Company's Little Farms, according to the plat thereof recorded in Plat Book 2, at page 2,public records of Collier County, Florida. being more particularly described as follows: Beginning at the Northwest corner of said Lot 6, run south along the west line of said Lot 6 for 60 feet; thence run east parallel with the north lot line of said Lot 6 for 983 feet; thence run south to a line parallel with and 50 feet(measured to right angles)north of the south line of said Lot 6; thence run east parallel with said south line for 717 feet, more or less, to the waters of Gordon River Canal; thence run northeasterly for 280 feet, more or less, along the waters of said canal to the north line of said Lot 6; thence run west along the said north line of Lot 6 for 1,697 feet, more or less, to the Point of Beginning. Less and Except The westerly 20 feet of Lot 6,Naples Improvement Company's Little Farms, according to the plat thereof recorded in Plat Book 2, at page 2, public records of Collier County, Florida, as described in Official Records Book 66,page 432 of the public records of Collier County, Florida. Subject to easements and restrictions of record. (Parcel "D") END OF LEGAL DESCRIPTION DRC\06-043-FF6 AMENDI/April 3 , 2012 8 l_ Z • Lfft Zn'! aso w toY3z •- I rc y__. J LL ��..mL.Lm a8�:- a Jwn TRACT LOT 7 O Z ww z W n I.L O1 i,„K TRACETRACT e c NAPLES IMPROVEMENT CO'S UtTLE FARMS I `� L±-1, E.11-.7 O °d X n oNEYS P • PLAT BOOK 2 PACE 2 /�, I -r3 Z JJ 0. 5 YWrcJ n PUT .K 24 PAC.27-28 I U V 3 D_ 3 vi- m• 0 Vimw- ,.,.4-941PF0-r n 4i : R w 10.1,"f1' , u m w i � q I I „ Ngt � ri ,, _,, w ^ W a *,� � 0 . 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