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IWSD - Sewer Treatment Plant Access EasementTHIS INSTRUMENT PREPARED BY: Kenneth K. Thompson, P.A. 1150 Lee Boulevard, Suite 1 Lehigh Acres, Florida 33936 PREPARATION OF INSTRUMENT ONLY Parcel I.D. Nos: 00123720005 & 00127240002 INSTR 4737137 OR 4833 PG 2270 RECORDED 9!7/2012 9:28 AM PAGES 10 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $86.50 CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this 8t" day of June, 2012, by IMMOKALEE WATER AND SEWER DISTRICT, (hereinafter referred to as "IWSD" or "Grantor "), as Grantor, whose address is 1020 Sanitation Road, Immokalee, Florida 34142, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as "Collier County" or "Grantee "). Grantor and Grantee may hereafter be collectively referred to as the "parties." WHEREAS, IWSD 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's be entered into and recorded in the land records of Collier County to bind IWSD; 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. IWSD, 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, Revised 10/14/05 -1- 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. IWSD, 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 the Property and their successors and /or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. Revised 10/14/05 -2- 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: (Print): " ►1L(A (Sign).. (Print)' GLA -La,( Revised 10/14/05 -3- IMMOKALEE WATER & SEWER DISTRICT ) By: Eva J. Deyo, ecutive Director STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrument was subscribed, sworn and acknowledged before me this day of June, 2012, by EVA J. DEYO, as Executive Director of the IMMOKALEE WATER AND SEWER DISTRICT, and who is ersonally known to me or [ ] who produced as identification. NOTARY,PBLIC Printed Name: My Commission Expires: N�ONMae-1igMMNIEt owl fob - S"Mraw M1rGem &oMj" 11.l01 p (M �► 00 SMIS Jlpl�. Revised 10/14/05 -4- Acceptance;by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT,k3Pq,qCK, Clerk COLLIER COUNTY, FLORIDA By L C � By: tsL Clerk Print Name: 1= -0 w as CHAIRPERSON Approved as to form and Legal sufficiency: E vvtz16;ffI AssistwA County Attorney Revised 10 /14/05 -5- EXHIBIT "A" Legal Description: SW corner of the N1 /2 of the SW1 /4 of the SW1 /4 lying in Section 4, Township 47 South, Range 29 East, Collier County, Florida NOTES: 1. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR ZONING, EASEMENTS, RIGHTS -OF -WAY, OWNERSHIP, RESTRICTIONS OR SETBACKS. 2. BASIS OF BEARINGS IS AS SHOWN. DISTANCES ARE IN FEET AND DECIMALS THEREOF. 3. THIS SKETCH IS NOT A BOUNDARY SURVEY. 4. SEE ATTACHED FOR LEGAL DESCRIPTIONS. �r z U 0 w 0 w z J LINE TABLE LINE LENGTH BEARING L1 176,80 N38'35'18 "E L2 59.84 N58'40'19 "E L3 106.27 S79'38'33 "E L4 42.56 S63'05'16 "E L5 75.09 N51'49'18 "E L6 86.33 N85'3254 "E L7 54.34 N44'02'1 2"E L8 54.08 N52'33'07 "E L9 37,94 N23'14'46 "E L10 31.54 N60'58'02 "E L11 109.69 N89'02'26 "E Lit 61,64 S40'59I50 "E L13 35,07 S16'14'02 "W L14 99.67 S08'49'28 "W L15 125.77 S03'43'27 "W L16 689.10 S89'40'58 "W L17 68.13 $79'38'33 "E L18 566.91 N00'00'00 "W F-9 60, 73 N07'50' 15 "E L2- 141.94 N01. 15'00 "W L21 85.35 ­N1 5-15'00"E L22 1 35.24 N27'00'00 "E L23 1 22.13 N00'20'07 "W L24 15.00 N89'39'53 "E L25 22.13 S00'20'07 "E L26 35,24 S27'00'00 "W L27 83.17 S1 5,1500"w L28 140.95 S01'15'00 "E L29 60.89 S07'50'15 "W L30 1 568.62 S00'00'00 "E L31 15,25 N79'38'33 "W nI P �SOUTH LINE OF THE NORTH 30 FEET OF THE SE 1/4 OF OF THE SECTION4 OF THE SW 1/4 N ry IMMOKALEE WASTEWATER (�J TREATMENT PLANT al 1� NI P A PRESERVE ACCESS g EASEMENT I I (0.40 ACRES f ) I I I I I I IIQQ ro 1 r� JII CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD C1 1 71.78 350.00 11'45'00" N21'07'30 "E 71.65 C2 1 68.70 335,00 11'45'00" S21'07'30 "W 68.58 C3 1 174.14 365,00 27'20'07" N13'19'56 "E 172,49 C4 L 181.29 380.00 27'20'07" S13'1056 "W 179.58 I I 11 �� PRESERVE AREA 11 L31 L6 EASEMENT 44 -J I� (3,00 ACRES L3 � r / L16 --- - - . - - -- N.89'40 58'E. �-SW CORNER OF THE NORTH 1/2 OF THE BASIS OF BEARINGS 3 SW 1/4 OF THE SW 1/4 OF SECTION 4 n in N POINT OF COMMENCEMENT o SE CORNER OF SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST f) SOUTH LINE OF THE NORTH 1/2 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 4 THIS IS A SKETCH TO ACCOMPANY LEGAL DESCRIPTIONS (SEE ATTACHED) OF A PRESERVE AREA EASEMENT AND A PRESERVE ACCESS EASEMENT LOCATED IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. PREPARED BY: ELI 6, 'TH F. GAINES, PSM FL LICENSE NO. LS 4576 NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE ABOVE NAMED FLORIDA PROFESSIONAL SURVEYOR E.F. Gaines Surveying Services, Inc, CLIENT: GREELEY AND HANSEN, LLC DATE OF FIELD WORK: 2/2/2012 5235 Ramsey Way, Suite 10 DATE OF DRAWING: 2/22/2012 Fort Myers, Florida 33907 SCALE: 1" =250' Phone: 239- 418-0126 Fax: 239-418-0 1 Z7 DRAWING FILE: 0466 -001 EXHIBIT "B" •'fir ! � `_ °..;�, , REVISIONS /DATE; SHEET 1 OF 1 U. GAINES SURVEYING SERVICES, INC. PRESERVE AREA EASEMENT LOCATED IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA All that part of Section 4, Township 47 South, Range 29 East, Collier County, Florida being more particularly described as follows; COMMENCING at the southwest comer of Section 4, Township 47 South, Range 29 East, Collier County, Florida; thence along the west line of the Southwest Quarter (SW 1/4) of said Section 4, N.00 °13'39W. for 662.45 feet to the southwest corner of the North Half IN 1/2) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of said Section 4; thence along the south line of said North Half (N 1/2) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of said Section 4 N.89 °40'58 "E. for 479.35 feet to the POINT OF BEGINNING of the Parcel herein described; thence N.38 °35'18 "E, for 176.80 feet; thence N.58 °40'19 "E. for 59.84 feet; thence S.79 °38'33 "E, for 106.27 feet; thence S.63 °05'16 "E. for 42.56 feet; thence N.5 1'49'18"E, for 75.09 feet; thence N. 85032'54"E. for 86.33 feet; thence N.44 °02'12 "E. for 54.34 feet; thence N.52 °33'07 "E. for 54.08 feet; thence N.23 °14'46 "E, for 37.94 feet; thence N.60 °58'02 "E. for 31.54 feet; thence N.89 °02'26 "E. for 109.69 feet; thence S.40 059'50 "E. for 61.64 feet; thence S. 16'14'02"W. for 35.07 feet, thence S.08 °49'28 "W. for 99.67 feet; thence S.03 043'27 "W. for 125.77 feet; thence S.89 °40'58 "W. for 689.10 feet to the Point of Beginning of the Parcel herein described; Parcel contains 3.00 acres, more or less; Bearings are based on the south line of the North Half IN 1/2) of the SW 1/4 of the SW 1/4 of Section 4, Township 47 South, Range 29 East, Collier County, Florida being N.89 °40'58 "E. Subject to existing easements, restrictions and reservations; Prepared by: E.F. Gaines Surveying Services, Inc. Elizabedff. Gaines, PSM Florida License No. 4576 Date r, Sketch: EFG Drawing No. 0466 -001 M:TFG Survey Projects \0466Immokalee WWTP Preserve andAecess \dwg \0466 Preserve Area Description.docx E.F. Gaines Surveying Services, Inc. 5235 Ramsey Way, Stlite 10 - Fort Myers, Florida 33907 P: 239 - 418 -0126 F: 239 -418 -0127 - www.EFGaines.com ElF _.: E -R GAINES SURVEYING SERVICES, INC. PRESERVE AREA ACCESS EASEMENT LOCATED IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA All that part of Section 4, Township 47 South, Range 29 East, Collier County, Florida being more particularly described as follows; COMMENCING at the southwest corner of Section 4, Township 47 South, Range 29 East, Collier County, Florida; thence along the west line of the Southwest Quarter (SW 1/4) of said Section 4, N.00° 13'39 "W, for 662.45 feet to the southwest comer of the North Half IN 1/2) of the Southwest Quarter (SW 1/4) of the Southwest Quarter of said Section 4; thence along the south line of said North Half IN 1/2) of the Southwest Quarter (SW 1/4) of the Southwest Quarter of said Section 4 N.89040'5 8"E. for 479.35 feet; thence N.38 °35'18 "E. for 176.80 feet; thence N.58 040'19 "E. for 59.84 feet; thence S.79 °38'33 "E. for 68.13 feet to the POINT OF BEGINNING of the Parcel herein described; thence N.00 °00'00 "W. for 566.91 feet; thence N.07 050'15 "E. for 60.73 feet; thence N.01 °15'00 "W. for 141.94 feet; thence N.15 °15'00 "E. for 85.35 feet; thence northeasterly 71.78 feet along the arc of a circular curve concave to the southeast, having a radius of 350.00 feet, through a central angle of 11 045'00" and being subtended by a chord which bears N.21 °07'30 "E. for 71.65 feet; thence N.27 °00'00 "E. for 35,24 feet; thence northeasterly 174.14 feet along the arc of a circular curve concave to the northwest, having a radius of 365.00 feet, through a central angle of 27 °20'07" and being subtended by a chord which bears N.13° 19'56 "E, for 172.49 feet; thence N.00 020'07 "W. for 22.13 feet to the south line of the north 30 feet of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of said Section 4; thence along said south line N.89 039'53 "E. for 15.00 feet; thence 5.00 °20'07 "E. for 22.13 feet; thence southwesterly 181.29 feet along the are of a circular curve concave to the northwest having a radius of 380.00 feet, through a central angle of 27 °20'07" and being subtended by a chord which bears S.13 019'56 "W. for 179.58 feet; thence 5.27 000'00 "W. for 35.24 feet; thence southwesterly 68.70 feet along the arc of a circular curve concave to the southeast, having a radius of 335.00 feet, through a central angle of 11 045'00" and being subtended by a chord which bears 5.21 007'30 "W, for 68.58 feet; thence 5.15 °15'00 "W. for 83.17 feet; thence S.0 1'15'00"E. for 140,95 feet; thence 5.07 °50'15 "W. for 60.89 feet; thence S.00 °00'00 "E. for 568,62 feet; thence N.79 °3833 "W, for 15.25 feet to the Point of Beginning of the Parcel herein described; Parcel contains 0.40 acres, more or less; Bearings are based on the south line of the North Half IN 1/2) of the SW 1/4 of the SW 1/4 of Section 4, Township 47 South, Range 29 East, Collier County, Florida being N.89 °40'58 "E, Subject to existing easernents, restrictions and reservations; Prepared by: E.F. Gaines Surveying Services, Inc. /'/� _ \ Elizabeth F, Gaines, PSM Florida License No. 4576 J Date Sketch: EFG Drawing No. 0466 -001 M:\EFG Survey Projects \0466 Immokalee WWTP Preserve and Access \dwg \0466 Preserve Access Description.doox E.F. Gaines Surveying Services, Inc. 5235 Ramsey Way, Suite 10 - Fort Myers, Florida 33907 P: 239 -418 -0126 F: 239. 418.0127 - www.EFGaines.com •J.,, fh F�;� tee i ti.'i Sketch: EFG Drawing No. 0466 -001 M:\EFG Survey Projects \0466 Immokalee WWTP Preserve and Access \dwg \0466 Preserve Access Description.doox E.F. Gaines Surveying Services, Inc. 5235 Ramsey Way, Suite 10 - Fort Myers, Florida 33907 P: 239 -418 -0126 F: 239. 418.0127 - www.EFGaines.com � . oft ■ „ ©[ S§ - LLI } §Q ) ■ |� § o® � 2§ § § 777 §\ qJ L ._.,_. _... ....._@ LL