Naples Nissan
THIS INSTRUMENT PREPARED BY & RETURN
TO:
NAME: DAN MCCAWLEY, ESQ.
ADDRESS: GREENBERG TRAURIG, P. A.
401 E. LAS OLAS BLVD.
SUITE 2000
FORT LAUDERDALE, FL 33301
I NSTR 4480435 OR 4609 PG 3388
RECORDED 9/30/201011:28 AM PAGES 11
DWIGHT E BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
DOC@70 $070 REC $9500
CONS $0 00
SPACE ABOVE THIS LINE FOR PROCESSING DATA
LWACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this ~ day of July 2010, by
TT OF PINE RIDGE, INC., a Florida corporation (hereinafter "TT of Pine Ridge" or
"Grantor"), as Grantor, whose address is 515 North Flagler Drive, Suite P-400, West
Palm Beach, Florida 33401, 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, TT of Pine Ridge 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 "TT of Pine Ridge Property"); and
WHEREAS, Collier County is requmng that this Conservation Easement
("Easement") be entered into and recorded in the land records of Collier County to bind
TT of Pine Ridge; 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:
I. TT of Pine Ridge, 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 10/14105
FTL 107. 144,838v2 017587.070900
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.
Notwithstanding the foregoing, TT of Pine Ridge shall he entitled to utilize the Easement
Property for drainage of the TT of Pine Ridge Property, including, without limitation,
maintaining drainage pipes and fencing ofl'the Easement Property.
3. TT of Pine Ridge 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.
2
Revised 10/14/05
FTL 107, 144.838v2 017587.070900
II. 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 restnctJOns 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:
TT OF PINE RIDGE, INC.,
a Florida corporation
~~:
"'Terry :pgyror, President
-
3
Revised 10/14/05
FTL 107, 144,838v2 017587.070900
STATE OF FLORIDA )
COUNTY OF~rnl'>e1lrh)
The foregoing instrument was subscribed, sworn and acknowledged before me this
"'1 day of July, 2010, by Terry Taylor, as President for TT OF PINE RIDGE,
INC" a Florida corporation, and who is [v] personally known to me or [ ] who produced
as identification.
NOTARY Pl:BL!C.S ['.\] E (JF FLORIDA
/''''''''', J enna Marerra
l...W } Commission #DD931422
~. ExpIre,. OCT, 07, 2013
BO:IDED THRU ATLA."fTIC BO};j)ING CO., me.
)
TARY PUBLIC
ted Name: (jQ..ll1Y1Q v\(;lrc.tYiA
My Commission Expires: IOI'l1t3
---
..--.-..-
Approved as to form & legal Sufficiency
~~"D~..__.
Assistant County Aliormw
4
Revised 10/14/05
FTL 107, 144,838v2 017587.070900
Acceptance by Grantee:
ATTEST:
DWIGHT E, BROCK, Clerk
Approved as to form and
Legal sufficiency:
~-\-)\.2)~
-:('.."'.., (" &. W~
Assistant County Attorney
Revised 10/14/05
FTL 107, 144, 838v2 017587.070900
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY, FLORIDA
'~/t-,~ w. r ~. fi~_
'-"-r-
,
-JAMI:O COLI:TTA, CHAIRMAN
F~eD W.CO'lLE'
5
Prepared by:
Dan MeCawley. Esq.
Greenberg Traurig, P.A.
401 E. Las Olas Boulevard, Suile 2000
Fort Lauderdale, Florida 33301
(954) 165,0500
JOINDER AND CONSENT
Mo..t It. ArMOf\ ,as -.t^ o.n"1d for NISSAN MORTGAGE
ACCEPTANCE CORPORATION, a Califomia corp ation ("Mortgagee") under that celtain
Construction Mortgage, Assignment of Rents, Security Agreement and Fixture Filing given by
TT of Pine Ridge, Inc., as MOltgagor, dated as of November 8, 2007, recorded in Official
Records Book 4305, at Page 0203, in the Public Records of Collier County, FIOlida (together
with any and all amendments, the "Mortgage"), hereby joins in and consents to the execution and
recordation of the aforesaid Conservation Easement ("Easement") and hereby agrees that the lien
and operation of the Mortgage shall be subordinate to the tenus and condilions of the Easement.
This Joinder and Consent shall not be construed as a limitation on the operation or effect of the
Mortgage nor the consent of MOItgagee to any aclion which may be taken by any palty to Ihe
Easement, if such action othelwise would require the approval of Mortgagee pursuant to the
Mortgage or the Easement.
NISSAN MORTGAGE ACCEPTANCE
CORPORA nON, a Califomia company
[ishlt'V'
Naples Nissan
FTL 107, 144,850V1 017587,070900
~
STATE OF _.l'(,.'f:~2__._ )
) SS:
COUNTY OF '\)a.\\'Q..';> )
The foregoing instrument was acknowledged before me on this _ day of
2009, before me, by MMIL- A-o.-ron , as ~ of NISSAN MORTGAGE
ACCEPTANCE CORPORATION, a California corporation, on behalf of said entity. S/He is
personally known to me or produced as identification.
- ---
[NOTARIAL SEAL]
--.......-......"'1;
-, -"--W:;I.IURGUS ,
'. NotalVPuI>IIC,
.~, . State oIT_
: -,... .............~~~!!:..~~~~~~}
Naples Nissan
FTL 107,144,BSOv1 017587.070900
6f~?, ~-Y"
Notary Public, State of, t )LA S
Print Name: ..-....l........, E. B.....~e~
My Commission Expires: .,.- :1.<;-11
EXHIBIT "A"
Legal Description
The East 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 18,
Township 49 South, Range 26 East of Collier County, Florida;
LESS AND EXCEPT that portion of property described as Parcel No.
120 in Stipulated Final Judgment recorded in Official Records Book
1018, Page 159, of the Public Records of Collier County, Florida;
AND LESS AND EXCEPT that portion of property described as
Parcel No. 123 in Order Taking recorded in Official Records Book
2660, Page 3375, of the Public Records of Collier County, Florida;
and Stipulated Final Judgment recorded in Official Records Book
3488, Page 93, of said Public Records.
AND LESS AND EXCEPT that portion of property known as
Whippoorwill Lane as described in Quit Claim Deed recorded in
Official Records Book 3308, Page 3195, of the Public Records of
Collier County, Florida;
AND LESS AND EXCEPT the South 60 feet of the East 1/2 of the
Northwest 1/4 of the Northwest 1/4 of Section 18, Township 49
South, Range 26 East, Collier County, Florida.
6
Revised 10/14/05
FTL 107, 144,838v2 017587.070900
~
COASTAL
ENGINEERING
CONSULTANTS
INC
CECI q!.9,~P Services
Civil Engineering
fJlanning Services
Survey &. Moppinq
Comtoi Engim;crin~J
Real Estate Service"
A CECI GROUP COMPANY
Websilc: www.coastalenginccring.com
LEGAL DESCRIPTION
PROPOSED CONSERV A TION EASEMENT
DESCRIPTION
A PORTION OF LAND LYING IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18, RUN N89034'36"E
ALONG THE NORTH LINE OF SAID SECTION A DISTANCE OF I ,934.64 FEET:
THENCE LEAVING SAID LINE SOooI6'00"E A DISTANCE OF 185.00 FEET TO THE
NORTHEAST CORNER OF 3500 CORPORATE PLAZA AS RECORDED IN PLAT BOOK 44,
PAGES 23 AND 24 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA;
THENCE CONTINUE SOooI6'00"E ALONG THE EAST LINE OF SAID SUBDIVISION, A
DISTANCE OF 594.93 FEET;
THENCE LEAVING SAID LINE N89044'00"E A DISTANCE OF 16.44 FEET TO THE POINT OF
BEGINNING;
THENCE N89058'44"E A DISTANCE OF 99.08 FEET:
THENCE SOooOO'OO"W A DISTANCE OF 9.99 FEET;
THENCE S90000'00"E A DISTANCE OF 30. I 0 FEET;
THENCE S 11 050'31 "E A DISTANCE OF 29.62 FEET;
THENCE S06045'56"E A DISTANCE OF 51.97 FEET;
THENCE S 18049'09"E A DISTANCE OF 14.78 FEET:
THENCE S37028'07"W A DISTANCE OF 55.36 FEET;
THENCE SOo045'45"E A DISTANCE OF 52.53 FEET;
THENCE S72020'58"E A DISTANCE OF 55.10 FEET;
THENCE SOooOO'OO"W A DISTANCE OF 96.99 FEET;
THENCE S54028'20"W A DISTANCE OF 134.55 FEET;
THENCE S85021 '22"W A DISTANCE OF 54.50 FEET;
THENCE NOooI6'00"W A DISTANCE OF 397.3 I FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 52,408 SQUARE FEET OR 1.20
ACRES OF LAND.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
~~"'- .
.lJrC;:HAIl.l;) ~EWIN(i, .P.
'.P~FES~dNAL S' VEYOR AND MAPPER
, FU:iRIDACHIHIFICATE NO. 5295
NarY ALfb ~ITHOlJT nlE SIGNA TlJRE AND
1.'H13 9RIGf;1AL RAISED SEAL OF A FLORIDA
. LICENSED SURVEYOR AND MAPPER
CECFiLE NO. 05.013 .
DATEOI1':S,IGNATlJRE: /D ,,10, Di>
3106 S Horseshoe Drive Naples, Florida 34104-6137 . Phone (239) 643 2324 Fax (239) 643-1143 . E-Mail: info([i'cecifl.com
POINT OF COMMENCEMENT
rOR ACCESS EASEI.lENT
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A
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PINE RIDGE ROAD S.R.
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SITE VISIT REPORT
PROJECT NAME: Naples Nissan
CONDUCTED BY: Chris D'Arco
DATE OF SITE VISIT:
9/4/1 0
FINDINGS:
Preserve area is free and clear of buildings, structures, power lines, fences, dikes,
garbage, offensive material, abandoned vehicles, petroleum products and any other
contamination. The site shows no signs of dredging or removal of soil or plant material.
The conservation easement property has generally been left in its natural state. The only
alteration from its current state that is allowed is the hand removal of exotic species and
nuisance vines,
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original d()cuments should be hand delivered to the Board Office The completed routing slip and original
documents are to be forwarded to the Board Office only !f!.tr the Board has tak~n action on the item. )
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed.lfthe document is already complete with the
exceotion of the Chainnan's silffiature, draw a line through rautin!! lines # I throul!h #4, comnlete the checklist, and forward to Sue Filson (line #5'.
Route to Addressee(s) Office Initials Date
(List in routine: order) /I
I. Ian Mitchell, Executive Manager Board of County Commissioners ~ c:> 11..'L
10
2. Minutes and Records Clerk of Court's Office
3.
4.
(The primary contact is the holder of the original document pending Bee approvaL Normally the primary comact is the person who created/prepared the executive
summary. Primary contact information is nceded in the event onc of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman '5 signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
PRIMARY CONTACT INFORMATION
1:)Ar
o
Phone Number
\"IS
6/22/04
Agenda ltem Number
Conservation Easement
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in Ihe Not Applicable column, whichever is
a ro riate.
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters. must be reviewed and signed
by the Office of the County Attorney. This includes signature pages trom ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages trom
contracts, agreements, etc. Ihal have been fully executed by all parties excepl the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and lhe Clerk to the Board
3, The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
5, In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's aetions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable,
**Please file in BMR Real Property**
015;2 - zyq
16B5
Yes
(Initial)
X
N/A rNot
A licable)
X
X
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS OriginaI9.0J.04, Revised] .26.05, Revised 2.24.05
Receipt# 007109574
9/30/2010 11 :28:59 AM
Dwight E. Brock
Clerk of the Circuit Court
------. ,"-J i--Y--l L~ [-
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Customer
CLERK TO THE BOARD
CLERK OF CIRCUIT COURT
3301 TAMIAMI TRL E
NAPLES, FL 34112-4961
Deputy Clerk
Alina Mesa
Alina. Mesa@CollierClerk,com
(239) 252-7196
Clerk Office Location
Collier County Govt. Center
Building LA, 2nd Floor
3301 Tamiami Trail East
P.O. Box 413044
Naples, Florida 34101-3044
1 Document Recorded
DOC TYPE
Easement
Consideration: $0.00,100% Applied
1 Copy(s)
INSTRUMENT
4480435
BOOK
4609
PAGE
3388
AMOUNT
$95.70
$11.00
$106.70
($106.00)
($20.00)
$19.30
$0.00
TOTAL AMOUNT DUE:
Check# 8790
Cash Tendered:
Cash Returned:
BALANCE DUE:
Page 1 of 1
v
ie
ITEM NO':K.("~:N~ \~\
FILE NO.:
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'~l \ 1 '
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"
ROUTED TO:
DATE REC'D:
DO NOT WRITE ABOVE THIS SPACE (Orig. 9/89; Rev, 6/97)
REQUEST FOR LEGAL SERVICES
(Please type or print)
l)~Gt"1
Dale: 9/15/10
To: Office of the County Attorney,
Attn: Jeff Wright
From: Chris D' Areo, Environmental Specialist
Storm water and Environmental Services Section
Telephone #:252-2497
Re: Conservation Easement AR-14616
BACKGROUND OF REQUEST/PROBLEM:
Need legal review of draft conservation easement. Documents and exhibits attached.
This item been previously submitted. ~ Yes ~- ~
If previously submitted provide County Attorney's Office Fi(e No. 1O-ENS-00425) _~
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Review draft conservation easement paekage for legal sufficiency. Please notify me regarding any easements ~
or encumbrances in the preserve area prior to approval. LDC section 3.05,07 HId states in part: No
individual residential or commercial lot, parcel lines, or other easements such a.~ utility or access easements,
may project into a Preserve.
ACTION REQUESTED:
OTHER COMMENTS: Attached is the draft easement with legal description and sketch, Title Opinion, and
one signed letter regarding the OGM rights, Documents for recording were submitted with the first RLS.
Applicant's contact information: Jessica Ramos, Davidson Engineering 434-6060
H:\Environmental Services\Conservation Easement forrns\current procedures - 2009
OFFICE OF THE COLLIER COUNTY
ENVIRONMENTAL SERVICES DEPARTMENT
INTEROFFICE MEMORANDUM
TO:
Clerk to the Board, Board Minutes and Records
FROM:
Chris D'Arco, Environmental Services Department
DATE:
9/15/2010
RE:
Attestation and Recording of Conservation Easement
Attached is a Conservation Easement for Naples Nissan which has been
approved by the Board of County Commissioners, Please attest as usual and
hold the original documents until the applicant provides a men r .
Then orwar t e packet to t e Recor ing Depa ment.
Thank you for your assistance in this matter, Please send me a copy of the
receipt via interoffice mail.
Please send an email to ChristoDherdarco@)collieroov.net when the easement
has been recorded.
If you have any questions, feel free to contact me at (239) 252-2497,
Attachments
Routing Slip
Conservation Easement
OFFICE OF THE COLLIER COUNTY
ENVIRONMENTAL SERVICES DEPARTMENT
INTEROFFICE MEMORANDUM
TO:
Board of County Commissioners of Collier County
FROM:
Chris D'Arco, Environmental Services Dept.
DATE:
9/15/2010
RE:
Acceptance of Conservation Easement
Attached is a Conservation Easement for Naples Nissan, In accordance with
Resolution No, 2004-209, approved by the Board of County Commissioners on
June 22, 2004 under Agenda Item No. 16B5, I am requesting that if this
Conservation Easement is acceptable, please sign or stamp as to approval of this
Conservation Easement, and forward it, along with the attachments, to the Clerk
for attestation and recording,
Thank you for your consideration of this matter. If you have any questions,
feel free to contact me at (239) 252-2497,
Attachments
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