RaceTrac THIS INSTRUMENT PREPARED BY& RETURN TO:
NAME: RaceTrac Petroleum, Inc.
Attn: Corporate Counsel
ADDRESS:3225 Cumberland Blvd., Ste. 100
Atlanta, GA 30339 INSTR 5239397 OR 5250 PG 3551
RECORDED 3/15/2016 9:28 AM PAGES 11
PARCEL I.D.: #00399600302
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
DOC @.70$0.70 REC$95.00
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this 210c-1■ day of
�c�arva, , 2016, by RaceTrac Petroleum, Inc., (hereinafter "RaceTrac"), as
"Grantor", wh e address is 3225 Cumberland Blvd., Suite 100, Atlanta, GA 30339, 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, RaceTrac 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
RaceTrac; 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. RaceTrac, its successors, heirs, assigns and/or transferees, hereby grants
a non-exclusive easement to Collier County over and across the Easement Property for
the purpose of conservation. Collier County shall have no responsibility for
maintenance of the Easement.
2. No buildings, structures or impediments of any nature may be constructed
placed or permitted on, over or across the Easement Property. RaceTrac shall not
cause or allow dumping or placing of soil or other substances such as trash or unsightly
or offensive materials to occur on the Easement Property. RaceTrac shall not cause or
allow removal or destruction of trees, shrubs or other vegetation with the exception of
exotic/nuisance vegetation removal. RaceTrac shall not cause or allow excavation,
dredging or removal of soil material, peat, rock or other material substance in such a
manner as to affect the surface on the Easement Property. RaceTrac shall not cause or
allow dikes or fencing on the Easement Property. RaceTrac shall not cause or allow
other activities detrimental to drainage, flood control, water conservation, erosion control
or fish and wildlife habitat conservation or preservation on the Easement Property.
RaceTrac shall not cause or allow the Easement Property to be 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. RaceTrac, 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 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
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 Easement.
6. Grantor shall pay any and all real property taxes and assessments levied
by competent authority on the Easement Property.
7. Grantor shall insert the terms and restrictions of this 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 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 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 Easement be
perpetual.
11. If any provisions of this Easement or the application thereof to any person
or circumstances is found to be invalid, the remainder the provisions of this Easement
shall not be affected thereby, as long as the purpose of the Easement is preserved.
12. Enforcement of the terms, provisions and restrictions of this 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 Easement may be enforced by the parties
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 action, prevailing
party 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, if applicable. These
remedies are in addition to any other remedy, fine or penalty, which may be applicable
under Chapters 373 and 403, Florida Statutes.
[Signatures Begin on Following Page]
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: RACETRAC PETROLEUM, INC., a
Georgia corporation
i k
P ted N. e k- '\ I
By: _ _
Tian Thornton, Vice President —
Real Estate and Engineering
Printe N me: (3)04 g.(ik
STATE OF GEORGIA )
COUNTY OF COBB
Thejoregoing instrument was subscribed, sworn and acknowledged before me
this =2 day of Jcu-,w , 2016, by Brian Thornton, as Vice
President — Real Estate and Engineering for RaceTrac Petroleum, Inc., and who is
personally known to me. (ile/eL
. 0"C6'\� es NOTARY PUBLIC
EXPIRES
= Printed Name: Robin Allen
GEORGIA',201
My Commission
Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
- tea►
Deputy, Clerk D •e,.,o, F: a(a , Chainmo,A
a Chairman's
igt?ture 9nly. ,F'
Approved as to form and
I ality:
Assistant County Attorney
3c.o4 A. S+one
APPROVED PURSUANT TO RESO. 2010-39
Exhibit "A"
See Attached
LEGAL DESCRIPTION
OF A PARCEL LYING IN SECTION 3,
TOWNSHIP 50 SOUTH,RANGE 26 EAST,
COLLIER COUNTY,.FLORIDA
LEGAL DESCRIPTION
OF RACETRAC PARCEL
RACETRAC PARCEL
A PORTION OF THE PARCEL LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AS
DESCRIBED IN OFFICIAL RECORDS BOOK 3495, PAGE 2342, OF THE PUBLIC RECORDS DE COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE N.89'53•12"E., ALONG THE
NORTH LINE OF SAID SECTION 3, A DISTANCE OF 821.76 FEET; THENCE S.00'06.48"E., LEAVING SAID
NORTH LINE, FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE FORMER SOUTH RIGHT OF WAY
LINE OF RADIO kOAD (C.R. 856, 100' RIGHT OF WAY); THENCE 5.00'30'11"W., FOR A DISTANCE OF
42.62 FEET TO A POINT ON A CURVE TO THE RIGHT HAVING A RADIUS OF 914.64 FEET AND BEING
THE NEW RIGHT OF WAY LINE, AS RECORDED IN OFFICIAL RECORDS BOOK 2559, PAGES 1817
THROUGH 1819, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID RIGHT OF WAY
AND SAID CURVE THROUGH A CENTRAL ANGLE OF 1316'58", A CHORD BEARING OF 5.72'12'27"E., A
CHORD LENGTH OF 211.56 FEET AND AN ARC LENGTH OF 212.04 FEET TO THE POINT OF BEGINNING
OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE ALONG SAID RIGHT OF WAY AND
SAID CURVE TO THE RIGHT HAVING A RADIUS OF 914,8,4:FEET, THROUGH A CENTRAL ANGLE OF
29'41'00", A CHORD BEARING OF S.50'43'28"E., A CHORD LENGTH OF 468.57 FEET AND AN ARC
LENGTH OF 473.85 FEET; THENCE 5.35'52'58"E. FOR A DISTANCE OF 100.54 FEET TO A POINT ON A
CURVE TO THE LEFT HAVING A RADIUS OF 2939.79 FEET AND A POINT ON THE NORTHERLY RIGHT
OF WAY LINE OF DAVIS BOULEVARD (STATE ROAD No. 84, A VARIABLE WIDTH RIGHT OF WAY);
THENCE ALONG SAID RIGHT OF WAY AND SAID CURVE, THROUGH A CENTRAL ANGLE OF 07'32'08", A
CHORD BEARING OF 5.48'52'40"W., A CHORD LENGTH OF 386.36 FEET AND AN ARC LENGTH OF
386.64 FEET; THENCE LEAVING SAID RIGHT OF WAY, N.43'04'59"W. FOR A DISTANCE OF 197.46 FEET;
THENCE N.00'30'05"E. FOR A DISTANCE OF 487.98 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 3.57 ACRES, MORE OR LESS.
•
BY: &.._
DENIS J. •'CONNEL Jr.
PROFES•ONAL S • EYOR AND MAPPER
FLORID CERTI ATE NO. LS# 5430
DATE SIGNED: /2l7l�S
NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
NOTES:
1. BEARINGS ARE BASED ON THE NORTH • THIS IS NOT A SURVEY '
LINE OF SECTION 3, TOWNSHIP 50 SOUTH.
RANGE 26 EAST, COLLIER COUNTY, FLORIDA DAMS BOULEVARD-RADIO ROAD
AS BEARING N,69'53'12"E. TITLE: LEGAL DESCRIPTION
2. DISTANCES ARE IN FEET AND DECIMALS
THEREOF. METRO
10970 5.CLEVELAND AVE.
3. PARCEL IS SUBJECT TO EASEMENTS, SLATE/fins
FORT LIYERS,FLORIDA 33907
RESERVATIONS OR RESTRICTIONS AND SURVEYING&MAPPING,LLC PHONE: (239)275-8575
RIGHT—OF—WAYS (RECORDED AND FAX: (239)275-857
UNRECORDED, WRITTEN AND UNWRITTEN). LAND SURVEYORS LB70 •PLANNL•RS w
LB#7071 ww.rwetroracom
FAX 104E: I FIELD BOOM/PAC[: ROAR I0.:
13198 OveraIl.dwg +I SEE FILE 13198 2_0F 2
DMA OAFS DRAWN AT: SCALE CHECKED•T: FAE Me,(5-T-R)
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Exhibit B
See Attached
LEGAL DESCRIPTION
OF A PARCEL LYING IN SECTION 3,
TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION
OF CONSERVATION EASEMENT
A PORTION OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3495, PAGE 2342, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND LYING IN SECTION 3, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, AS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE N.89'53'12"E., ALONG THE
NORTH LINE OF SAID SECTION 3, A DISTANCE OF 821.76 FEET; THENCE S.0006'48"E., LEAVMIG SAID
NORTH LINE, FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE FORMER SOUTH RIGHT OF WAY
LINE OF RADIO ROAD (C.R. 856, 100' RIGHT OF WAY); THENCE S.00'30'11"W., FOR A DISTANCE OF
42.62 FEET TO A POINT ON A CURVE TO THE RIGHT HAVING A RADIUS OF 914.64 FEET AND BEING
THE NEW RIGHT OF WAY UNE, AS RECORDED IN OFFICIAL RECORDS BOOK 2559, PAGES 1817
THROUGH 1819, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID RIGHT OF WAY
AND SAID CURVE THROUGH A CENTRAL ANGLE OF 1316'58", A CHORD BEARING OF S.72'12'27"E., A
CHORD LENGTH OF 211.56 FEET AND AN ARC LENGTH OF 212.04 FEET; THENCE S.00'30'05"W., FOR
A DISTANCE OF 55.04 FEET TO A POINT ON A CURVE TO THE RIGHT HAVING A RADIUS OF 864.74
FEET SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02'03'46", A CHORD
BEARING OF S.63'04'21"E., A CHORD LENGTH OF 31.13 FEET AND AN ARC LENGTH OF 31.13 FEET;
THENCE S.30'29'36"W. FOR A DISTANCE OF 9,36 FEET TO THE BEGINNING OF A CURVE TO THE LEFT
HAVING A RADIUS OF 18.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
90'00'01", A CHORD BEARING OF S.14'3O'24"E., A CHORD LENGTH OF 25.46 FEET AND AN ARC
LENGTH OF 28.27 FEET; THENCE 5.59'30'25"E. FOR A DISTANCE OF 49.12 FEET TO THE BEGINNING
OF A CURVE TO THE RIGHT HAVING A RADIUS OF 249.75 FEET; THENCE ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 1817'59", A CHORD BEARING OF S.5071'26"E„ A CHORD LENGTH
OF 79.43 FEET AND AN ARC LENGTH OF 79.77 FEET; THENCE 5.48'53'45"W. FOR A DISTANCE OF
179.13 FEET; THENCE N.0030'05"E. FOR A DISTANCE OF 240.19 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 15,522 SQUARE FEET OR 0.356 ACRES. MORE OR LESS
BY: ���
DENIS J. • II'• • Jr.
PROVES ' •'VEYOR AND MAPPER
FLORID' ' ' CATE NO. LS# 5430
DATE SIGNED: 9/2•!
NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
NOTES:
1. BEARINGS ARE BASED ON THE NORTH * THIS IS NOT A SURVEY *
LINE OF SECTION 3, TOWNSHIP 50 SOUTH, DAVIS BOULEVARD-RADIO ROAD
RANGE 26 EAST, COLUER COUNTY. FLORIDA
AS BEARING N.89'53'12"E. TITLE: LEGAL DESCRIPTION
2. DISTANCES ARE IN FEET AND DECIMALS
THEREOF. 10970 5. CLEVELAND AVE.
METRO I SURE IEOS
3. PARCEL IS SUBJECT TO EASEMENTS. T T V FDiDNEE(izej FLORIDA
RESERVATIONS OR RESTRICTIONS AND SURVEYING&MAPPING,LLC 'Iran 275 ea57
RIGHT-OF-WAYS (RECORDED AND LAND SURVEYORS•PLANNLRS
UNRECORDED, WRITTEN AND UNWRITTEN). LB#7071 wvmmetronmeorn
FU MK: FMB*O (/PNCL PRWECI NEU SKIM
13195SK-CE.DWC I SEE FILE 13198 !OF 2L
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