Volkswagen of Naples Receipt# 008193244
3/19/2020 11:40:16 AM
Crystal K. Kinzel
Clerk of the Circuit Court and Comptroller
JL^��J^�] a
FPO 663'U U_ g _ 0I��J
\/E CtXGJ �g
Customer Deputy Clerk Clerk Office Location
PICK-UP Abdi T. Campechano Collier County Govt. Center
CLERK TO THE BOARD/MINS abdi.campechano@collierclerk.com Building LA, 2nd Floor
& REC (239) 252-7242 3315 Tamiami Trl E Ste 102
3299 TAMIAMI TRL E STE 401 Naples, Florida 34112-4901
NAPLES, FL 34112
2 Documents Recorded
DOC TYPE INSTRUMENT BOOK PAGE AMOUNT
Easement 5844884 5741 1418 $78.70
Agreement 5844885 5741 1427 $10.00
TOTAL AMOUNT DUE $88.70
Check#31554 ($88.70)
BALANCE DUE $0.00
Note:
Disclaimer: All transactions are subject to review/verification. The Clerk reserves the right to correct for clerical errors and to
assess or refund charges as needed.
@01111® 0® gOBE@ Page 1 of 1
INSTR 5844884 OR 5741 PG 1418
RECORDED 3/19/2020 11:40 AM PAGES 9
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
DOC@.70$0.70 REC$78.00
This Instrument Prepared by&return to:
Name: DANIEL MCCAWLEY, ESQ.
Address: Greenberg Traurig, P.A.
401 East Las Olas Boulevard, Suite
2000
Fort Lauderdale, FL 33301
Parcel I.D. #003845600041
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given thiso?( day of October 2019, by THE
BETTER BODY SHOP & USED CAR FACTORY, INC., a Florida corporation (hereinafter
"Grantor'), as Grantor, whose address is 601 Airport Road South, Naples, Florida
34104, 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, Grantor 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
Grantor; 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. Grantor, 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.
Revised 2/13/2019 1
ACTIVE 46824885v1
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. Grantor, 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.
Revised 2/13/2019 2
ACTIVE 46824885v1
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.
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK — EXECUTION ON FOLLOWING
PAGE]
Revised 2/13/2019 3
ACTIVE 46824885v1
IN WITNESS WHtEte WHEREOF, Grantor has hereunder set its hand and seal the day
and year first above
Sign, sealed and delivered in the presence of:
THE BETTER BODY SHOP & USED tioAR
Signed, sealed and delivered in the
FACTORY, INC., a Florida corp
n
presence of:7 A i
By:
r � Prin na "
�� � "Title: V 'MAW.
Pri t na r:
1 (Corporate Seal)
Pri I name:
STATE OF __ ____L-___-----)
L- )
ss
COUNTY OF as
was acknowled•ed before me this 2� day
of
The foregoing instrument �� _ -c who
2019 by of , �.� �- Ilg-cthe••• rpo--`herein
of personally known
the foregoing instrument on bbefofre me landnslty or either ( pidentification.
executed He/She personally appeared as
expressed• has produced
to me or ( ) Notary .l, , _ �!�� '�? g
Print N•��: •��ei �'�
[NOTARY SEAL] Notary 'ublic, Stat@ '�f'--
My commission expires: ,\1/4._--0„
�%%%%Y P,B% ANGELINA M.RAFFO
,•-. •03 Notary Public-State of Florida
' • Commission # GG 047944
•Y M•-
's";r..,. ,;; My Comm.Expires Mar 11,2021
��''f Yr l`f'� Bonded through National Notary Assn.
'�mm�•.
4
Revised 2/13/2019
ACTIVE 46824885x1
Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
st. ,
; . ,� Burt L.Saunders, Chairman
•
Approved as to form and
legaV; -.
Sally Ashkar
Assistant County Attorney
Revised 2/13/2019 5
ACTIVE 46824885v1
DESCRIPTION EXHIBIT "A"
(PER OFFICIAL RECORD BOOK 4881, PAGE 967 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.)
THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 1,
TOWNSHIP 50 SOUTH, RANGE 25 EAST LESS THE NORTH 50' THEREOF CONVEYED FOR SAID ROAD RIGHT OF WAY, COLLIER COUNTY, FLORIDA.
THE FOLLOWING IS A MEETS AND BOUNDS DESCRIPTION BY THE BELOW SIGNED PROFESSIONAL SURVEYOR AND MAPPER OF THE STATE OF FLORIDA.
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 1, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA;
THENCE ALONG THE EAST LINE OF SAID NORTHWEST 1/4, SOUTH 00'53'53" EAST A DISTANCE OF 50.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE
OF RADIO ROAD (AKA STATE ROUTE 858) AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE, SOUTH 00'53'53" EAST A
DISTANCE OF 620.27 FEET; THENCE LEAVING SAID EAST LINE, SOUTH 89'17'01" WEST A DISTANCE OF 331.23 FEET; THENCE NORTH 00'53'12" WEST
A DISTANCE OF 620.26 FEET TO THE AFORESAID SOUTHERLY RIGHT OF WAY LINE OF RADIO ROAD; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY
LINE, NORTH 89°16'59" EAST A DISTANCE OF 331.11 FEE TO THE POINT OF BEGINNING.
CONTAINING 205,411 SQUARE FEET (4.72 ACRES) MORE OF LESS.
O
0
0
NOTES:
1. THIS SKETCH IS NOT A SURVEY.
2. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE
SECTION 1 WHICH NORTH 89°16'59" EAST.
E 3. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO
°
ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT
PARCEL.
v
0
S
O
O
h
8 LEGEND Digitally signed by Donald G.
Miller,PSM,PLS
AL = ARC LENGTH :''�+ DN:cn=Donald G.Miller,PSM,
oo CH = CHORD LENGTH =';') „ �y"'`- PLS,°=RWAEngineering,
CB = CHORD BEARING �{i;1�,. : °° 674'
email=DMiller@consult-
t :;-{ . �`
DESC. = DESCRIPTION a - rwa.com,c=US
m INST. = INSTRUMENT NUMBER Date:2019.12.2312:30a0
05'00' 12/23/2019
OR = OFFICIAL RECORDS BOOK
PG = PAGE DONALD G. MILLER DATE
POC = POINT OF COMMENCEMENT PROFESSIONAL SURVEYOR AND MAPPER
POB = POINT OF BEGINNING FLORIDA CERTIFICATE NO. LS 6674
= RADIUS NOT VALID WITHOUT THE SIGNATURE AND THE
R = DELTA ANGLE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
W/DEALERSHIP 6610 Willow Park Drive,Suite 200
SKETCH AND DESCRIPTION Naples,Florida 34109
Phone:(239)597-0575
SECTION 1,TOWNSHIP 50 SOUTH,RANGE 25 EAST FAX: (239)597-0578
COLLIER COUNTY„FLORIDA LB No.:6952
ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
120025.01.03 ( ) 1 50E 25S NA 12/23/19 DGM SD004 1 OF 2
— — NORTHEAST CORNER
o NORTHWEST 1/4
o POINT OF COMMENCEMENT
. A.310 ROA3 A,CA S.R. 858 " // _ _� _ _ _
100' WIDE PER FDOT R/W MAP SECTION 0353-151...
353-151 0 ,.�S0O53'53"E 50.00'
.�---�� NORTH LINE OF SECTION 1/
11' N89'16'59"E 331.11'
10' WIDE PUE
0 25 50 100 OR 5017, PG 521 POINT OF BEGINNING
1
1"=100' I
UNPLATTED
O.R. 1464 PG. 211
PARCEL NO. 00384400009
ADDRESS: NO SITE ADDRESS
OWNER: NAPLES LUMBER &
EAST LINE OF THE NORTHWEST SUPPLY CO INC
1/4 OF SECTION 1
10
N UNPLATTED
p O.R. 4881 PG. 967 N
UNPLATTED CV PARCEL NO. 00384560004 O
O.R. 3178 PG. 1851 ADDRESS: 3600 RADIO ROAD N
PARCEL NO. 00385440000 3 205,411 SF (4.7 ACRES) c0
ADDRESS: 3500 RADIO RD. Nw UNPLATTED
OWNER: JONES FAMILY LLC �„) O.R. 1033 PG. 819
ih 1.0 PARCEL NO. 00384240007
v LI) In ADDRESS: 3828 RADIO RD
o b If) OWNER: NAPLES LUMBER &
o Z bb SUPPLY CO INC
c O
.a0
`o
--y
m
E LEGEND
W AL = ARC LENGTH UNPLATTED
M CH = CHORD LENGTH O.R. 1358 PG. 1738
CB = CHORD BEARING PARCEL NO. 00385360009
Q ADDRESS: NO SITE ADDRESS
y DESC. = DESCRIPTION OWNER: NAPLES LUMBER &
%
INST. = INSTRUMENT NUMBER SUPPLY CO INC
o OR = OFFICIAL RECORDS BOOK
PG = PAGE
o POC = POINT OF COMMENCEMENT UNPLATTED
TS POB = POINT OF BEGINNING O.R. 1381 PG. 531
R = RADIUS PARCEL NO. 00384200005
N
ADDRESS: 3828 RADIO RD
= DELTA ANGLE OWNER: NAPLES LUMBER &
N -- - SUPPLY CO INC
y S89'17'01"W 331.23' A
Q UNPLATTED UNPLATTED
O.R. 2858 PG. 371 O.R. 4761 PG. 1028
o PARCEL NO. 00384480003 PARCEL NO. 00384520002
ADDRESS: 3437 WESTVIEW DR ADDRESS: 3455 WESTVIEW DR
N OWNER: WVA LLC OWNER: 3455 WESTVIEW DRIVE LLC
,'
N
I
'
VW DEALERSHIP 6610 Willow Park Drive,Suite 200
SKETCH AND DESCRIPTION Naples,Florida 34109
Phone:(239)597-0575
SECTION 1,TOWNSHIP 50 SOUTH,RANGE 25 EAST FAX: (239)597-0578
COLLIER COUNTY„FLORIDA LB No.:6952
ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
12002501.03 ( ) 1 50E 25S 1"=100' 12/23/19 DGM SD004 2 of 2
ENVIRONMENTAL EASEMENT EXHIBIT "B"
COMMENCE AT A POINT IN THE NORTHERLY SECTION LINE OF SECTION 1, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 1; THENCE LEAVING SAID NORTHERLY SECTION LINE AND ALONG THE EASTERLY
LINE OF SAID NORTHWEST QUARTER SECTION, SOUTH 00'53'53" EAST A DISTANCE OF 50.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF RADIO
ROAD (AKA S.R. 858); THENCE CONTINUING ALONG SAID EASTERLY LINE, SOUTH 00'53'53" EAST A DISTANCE OF 519.23 FEET; THENCE LEAVING
SAID EASTERLY LINE, SOUTH 89'06'07" WEST A DISTANCE OF 24.50 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00'53'53" EAST A DISTANCE
OF 83.46 FEET; THENCE SOUTH 89'19'39" WEST A DISTANCE OF 40.90 FEET; THENCE NORTH 00'42'39" WEST A DISTANCE
OF 83.30 FEET; THENCE NORTH 89'06'06" EAST A DISTANCE OF 40.63 FEET TO THE POINT OF BEGINNING.
CONTAINING 3399 SQUARE FEET MORE OR LESS.
0
0
0
NOTES:
1. THIS SKETCH IS NOT A SURVEY.
y 2. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE
SECTION 1 WHICH NORTH 89'1 6'59" EAST.
E 3. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO
ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT
❑
PARCEL.
4. SUBJECT AREA CONTAINS 3399 SQUARE FEET MORE OR LESS.
0
O
h
N• LEGEND Digitally signed by Donald G.
Miller, SM,PLO
n=
• AL = ARC LENGTH DN cDonald G.Miller,PSM,
^O CH = CHORD LENGTH `''`i,ray•
PLS,o=RWAEngineering,
9
74,
• CB = CHORD BEARING W;ter t email=DMlller@consuit-
a DESC. = DESCRIPTION rwa.com,c=US
Date:2019.12.23 12:29:42
M INST. = INSTRUMENT NUMBER osoo
12/23/2019
OR = OFFICIAL RECORDS BOOK
DONALD G. MILLER DATE
o PG = PAGE PROFESSIONAL SURVEYOR AND MAPPER
POC = POINT OF COMMENCEMENT FLORIDA CERTIFICATE NO. LS 6674
POB = POINT OF BEGINNING
R = RADIUS NOT VALID WITHOUT THE SIGNATURE AND THE
R = DELTA ANGLE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
0 SURVEYOR AND MAPPER.
6610 Willow Park Drive,Suite 200
PRESERVE EASEMENT Ifij41 Naples,Florida 34109
SECTION 1,TOWNSHIP 50 SOUTH,RANGE 25 EAST Phone:
COLLIER COUNTY„FLORIDA FAX: (239)(239)597597 0578
0575
LB No.:6952
ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
120025.01.03 ( ) 1 50E 25S NA 08/16/19 DGM SD003 rev 1 OF 2
ID NORTHEAST CORNER
o NORTHWEST 1/4
'n POINT OF COMMENCEMENT
NORTH LINE OF SECTION 1_\ — \
0
0
•R ADI O ROAD A,<A S. . 858 W
M
o o
`n 100' WIDE PER FDOT R/W MAP SECTION 0353-151
In
b
0
co
7
IEAST LINE OF THE NORTHWEST
I I 1/4 OF SECTION 1
0 12.5 25 50
I
i; Sb
1"=50'
i7
. N
v o)
7)
� TIE LINE w
S 589'06'07"W 24.50' 2
0
to In
POB o"_ b
0 0
n ENVIRONMENTAL N
EASEMENT
Cl 3399 S.F. L7 —
d
o LINE TABLE
W
n LINE BEARING LENGTH
0
'a L5 NO0'42'39"W 83.30'
0
L6 SO0'53'53"E 83.46'
L7 N89'06'06"E 40.63'
n L8 S89'19'39"W 40.90'
0
0
ui
LEGEND L _ - _ J
• AL = ARC LENGTH L8
• CH = CHORD LENGTH
• CB = CHORD BEARING
DESC. = DESCRIPTION
INST. = INSTRUMENT NUMBER
• OR = OFFICIAL RECORDS BOOK
o, PG = PAGE
N• POC = POINT OF COMMENCEMENT
POB = POINT OF BEGINNING
N R = RADIUS
43
E A = DELTA ANGLE
U
d
6610 Willow Park Drive,Suite 200
PRESERVE EASEMENT Naples,Florida 34109
SECTION 1,TOWNSHIP 50 SOUTH,RANGE 25 EAST Phone:(239)597-0575
COLLIER COUNTY„FLORIDA FAX: (239)597-0578
LB No.:6952
ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
120025.01.03 _ ( ) 1 50E 25S 1"=50' 08/16/19 DGM SD003 rev 2 OF 2
JOINDER AND CONSENT OF MORTGAGEE
BANK OF AMERICA, N.A., as mortgagee, is the holder of that certain Mortgage
and Security Agreement, to mortgagee dated as of January 21, 2014, in the original
principal amount of $2,562,750.00, recorded January 24, 2014, in Official Records Book
5003, page 941, as partially released by the Partial Release recorded in Official Records
Book 5008, page 1275, and as amended by the Mortgage Modification Agreement
recorded in Official Records Book 5322, page 1394, each in the Public Records of Collier
County, Florida (collectively, the "Better Body Mortgage") encumbering certain property
more particularly described therein.
Mortgagee hereby consents to the grant of easements described in this
instrument and hereby subordinates the lien of the aforementioned Better Body
Mortgage and all of its rights thereunder to all of the rights of the grantees, their
successors and assigns, under this instrument.
WITNESSES: MORTGAGEE:
BANK OF AMERICA, N.A.
Printe9I7Name: : • < < • : & ,' I _ Name:
Title: Se., v... CP, 4%.*ac.,
Address: ,co cau«,1s� �...1. c
Printed Name:a7(.2.M•1(2/ n)A ,, J7
STATE OF Ai C )
ss
COUNTY OF AP,(.-/€4441 )
The foregoing instrument was acknowledged before me this /5 day of
Nate sbe 2019 by Pavia( % �S ' 4 , as
sVf of BANK OF AMERICA, N.A., who executed the foregoing
instrument on behalf of said entity for the purposes therein expressed. He/She
personally appeared before me and is either ( ) personally known to me or ( )-has
produced A/c-Dc, as identification.
Notary:
[NOTARY SEAL Print Name: ,Za v-J &i W4 c 7a c-t
DAVID M. WALLACE Notary Public, State of AA-
Notary Public My commission expires: O3/ZS/zo�,3
Mecklenburg Co., North Carolina
My Commission Expires Mar.25,2023
Revised 2/13/2019
ACTIVE 46824885v1 8 INSTR 5844885 OR 5741 PG 1427
RECORDED 3/19/2020 11:40 AM PAGES 1
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$10 00