Standing Oaks & Subordination of Mortgage THIS INSTRUMENT PREPARED BY&RETURN TO: INSTR 6067596 OR 5954 PG 3870
RECORDED 5/27/2021 9:45 AM PAGES 9
NAME: FRANCESCA PASSIDOMO, ESQ. CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
ADDRESS: COLEMAN, YOVANOVICH&KOESTER, PA DOC@.70$0.70 REC $78.00
4001 TAMIAMI TRAIL NORTH
SUITE 300
NAPLES, FLORIDA
34103
PARCEL I.D. #S 00200720009& 00200280002
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this 3041'1 day of
Junc_ , 20 Q0, by Standing Oaks, L.L.C., a Florida limited
liability company ("Standing Oaks"), as Grantor, whose address is 6301 Shirley Street,
Naples, Florida 34109, 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, Standing Oaks is the owner of those certain contiguous tracts of land
located in Collier County, Florida, identified as Parcel Numbers 00200280002,
00200720009, 00201280001, 00201440003, 00201480005, and 00203042409, lying in
Section 31, Township 48 South, Range 26 East, generally located east of I-75 and west
of Oaks Boulevard south of the community known as Tarpon Bay and north of Shady
Oaks Lane, more particularly described on Exhibit "A" (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
Standing Oaks; 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:
Revised 2/13/2019 1
1. Standing Oaks, 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. 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. Standing Oaks, 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.
Revised 2/13/2019 2
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.
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.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Revised 2/13/2019 3
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:
STANDING OAKS, L.L.C.,
WITNNEESSES: a Florida limited liability company
ed Name: ., "Zc:1-,F•?i s
Ps
A � r `-- r A By
Printed Ntirre: (lam\ Christopher Allen, thorized Member
J
STATE OF r br1 UcI.
COUNTY OF PO 0 e2--
The foregoing instrument was acknowled ed before me by means of 11 physical
presence or online notarization this a-6 day of ItX1r?. , 2020, by
Christopher Allen, as Authorized Member of Standing Oaks, L.L.C. Such person(s)
Notary Public must check applicable box:
are personally known to me.
produced her current driver license.
produced as identification.
(Notary Seal) 5( -1'i.,U
Notary Public
Printed Name of Notary: i 1,Sbn
Notary Public State of Florida
Commission Number: t J
KryglsAWilson
f 14*iMy Commission Expires: 02-D-
My CommissionGG 915048
Commission
07/04/2022
Revised 2/13/2019 4
Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. 1,c4N,NI, CLERK COLLIE TY, FLORID
By: �_ By:
ty Clerk Penny Tayl , Chairman
Atff,s as t na
signature-only
Approved as to form and legality:
Y . l
erek D. Perry
Assistant County Attorney
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
PURSUANT TO AGENDA DATED
2/23/2010 , ITEM NO. 16 .B. 1,
RESOLUTION NO. 2010-39
APPROVED PURSUANT TO RESO. 2010-39
Revised 2/13/2019 5
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COASTAL CECI GROUP SERVICES CLIENT: DATE 04/22/21 SCALE NIA p,a'a` < „ ,"'�w '"1=
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A CECIGROUP COMPANY PHONE:(239)643-2324 TOWNSHIP 46 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA
Serving Flontla Since 1977 ACAD NO. 17.034
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+ A CECI GROUP COMPANY PHONE:(239)643-2324
Serving Floritla Since 1977 FAX:(239)643-1143 TOWNSHIP 48 SOUTH,RANGE 28 EAST,COLLIER COUNTY,FLORIDA ACAD NO. 17.034
I 28421 BONITA CROSSINGS BLVD, AW coastalengineering.com REF.NO.
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BONITA SPRINGS.FLORIDA 34135 E-Mail:inlolacecifl corn NO. DATE BY REVISION DESCRIPTION
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ENGINEERING Coastal and Marine Engineering
CONSULTANTS Environmental and Geological Services
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EXHIBIT "B"
STANDING OAKS
PROPOSED PRESERVE EASEMENT
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THAT OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 31, RUN N89°58'56"W
ALONG THE NORTH LINE OF SAID SECTION 31 FOR A DISTANCE OF 1,287.14 FEET TO
THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD 93 (AKA INTERSTATE 75);
THENCE ALONG SAID RIGHT-OF-WAY LINE S18°20'06"E 723.09 FEET;
THENCE LEAVING SAID LINE N71°39'50"E A DISTANCE OF 20.00 FEET;
THENCE N18°20'06"W A DISTANCE OF 76.44 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE;
THENCE 22.67 FEET ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS
OF 20.00 FEET, A CENTRAL ANGLE OF 64°56'48" AND A CHORD DISTANCE OF 21.48
FEET, BEARING N39°11'30"E TO A POINT OF REVERSE CURVATURE;
THENCE 435.20 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS
OF 352.00 FEET, A CENTRAL ANGLE OF 70°50'20" AND A CHORD DISTANCE OF 408.01
FEET, BEARING N42°08'16"E TO A POINT OF TANGENCY;
THENCE N77°33126"E A DISTANCE OF 407.77 FEET TO A POINT OF CURVATURE;
THENCE 391.59 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS
OF 338.00 FEET, A CENTRAL ANGLE OF 66°22'46" AND A CHORD DISTANCE OF 370.05
FEET, BEARING S69°15'l 1"E TO A POINT OF NON-TANGENCY;
THENCE N88°22'02"E A DISTANCE OF 35.52 FEET;
THENCE NO2°08'27"W A DISTANCE OF 124.94 FEET;
THENCE N87°51'32"E A DISTANCE OF 10.00 FEET TO THE EAST LINE OF SAID SECTION
31;
THENCE ALONG SAID LINE NO2°08127"W A DISTANCE OF 205.06 FEET TO THE POINT
OF BEGINNING.
THE ABOVE DESCRIBES APPROXIMATELY 373,034 SQUARE FEET OR 8.56 ACRES OF
LAND.
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28421 Bonita Crossings Blvd.,Bonita Springs,FL 34135 1211 North Range Ave.,Suite E,Denham Springs,LA 70726
Phone(239)643-2324•Fax(239)643-1143 Phone(225)523-7403
E-mail:info@cecifl.com
SERVING COASTAL COMMUNITIES SINCE 1977
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This instrument prepared without opinion
of title by, and after recording return to: INSTR 6067604 OR 5954 PG 3897
RECORDED 5/27/2021 9:52 AM PAGES 2
Francesca Passidomo,Esq. CLERK OF THE CIRCUIT COURT AND COMPTROLLER
Coleman,Yovanovich&Koester, P.A. COLLIER COUNTY FLORIDA
4001 Tamiami Trail, Suite 300 REC$18.50
Naples,Florida 34103
SUBORDINATION OF MORTGAGE
The undersigned, First Horizon Bank ("Lender"), hereby certifies that it is the holder of
that certain Mortgage and Security Agreement given by Standing Oaks, L.L.C., a Florida limited
liability company (the "Mortgagor"), dated April 12, 2007, recorded April 13, 2007, in Official
Records Book 4213, page 2150, securing a Note in the original principal amount of
$8,450,000.00, as modified by First Mortgage Modification Agreement dated March 25, 2010,
recorded March 25, 2010, in Official Records Book 4549, page 2405; together with the following
supporting loan documents: Assignment of Rents recorded April 13, 2007, in Official Records
Book 4213, page 2162, and Hazardous Substances Certificate recorded April 13, 2007, in
Official Records Book 4213, page 2172, and UCC-1 Financing Statement recorded April 13,
2007, in Official Records Book 4213, page 2182, as continued in Official Records Book 4952,
page 3535, further continued in Official Records Book 5478, page 2602 (collectively, the
"Mortgage") encumbering the premises legally described therein (the "Encumbered
Property").
By execution hereof, and for good and valuable consideration, Lender does hereby join in
and consent to that certain Conservation Easement recorded against a portion of the Encumbered
Property on or about the date of recordation hereof, by Collier County, a political subdivision of
the State of Florida. Lender agrees that its Mortgage shall be subordinated to the aforementioned
Conservation Easement and matters contained therein, as may be amended.
[Signatures appear on the following page.]
IN WITNESS WHEREOF, Lender has set its hand and seal the date and year first written
above.
WITNESSES: LENDER:
FIRST HORIZON BANK
Print Name: r S
By:
Print Name:D 'n P t Na e: J. Trent Byrd
Title: Senior Vice President
STATE OF * & `
COUNTY OF fl �,.✓
The foregoing instrument was acknowledged before me by means ofhysical presence or
onlin otari at' this I day of , 2020, by
,Aires i- of fir Zvr L. Such
person(s) (Notary Public must chec '-applicable box):
are personally known to me.
❑ produced her current driver license.
n produced as identification.
'ter_ __
t(lYpt a Ssal _
— oaryPublic
c, P'&" SUSAN P POMPLAS
4 '_* `*°--s.. Notary Public-State of Florida I Printed Name of Notary: ( "I.
i : ini :. Commission #GG 061643 I Commission Number:
1 •••,;;off p p My Comm.Expires Jan 10,2021 `
My Commission Expires: