Naples Baptist Church INSTR 5932011 OR 5824 PG 1490
RECORDED 10/2/2020 9:35 AM PAGES 10
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
DOC@.70$0.70 REC$86.50
THIS INSTRUMENT PREPARED BY&RETURN TO:
NAME: SARAH GRIEB,ESQ.
ADDRESS: ROETZEL&ANDRESS,LPA
850 PARK SHORE DRIVE
THIRD FLOOR
NAPLES,FLORIDA 34103
239-649-6200
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is given this day of gq..01rber,
2020, by Naples Baptist Church, Inc., a Florida not-for-profit corporation ("Grantor") whose
mailing address is: 11130 Immokalee Road, Naples, Florida 34120, to Collier County, Florida, a
political subdivision of the State of Florida("County").
WITNESSETH
WIIEREAS, Grantor is the owner of certain lands situated in Collier County, Florida, and
more specifically described on Exhibit "A" attached hereto and incorporated herein (the
"Property"); and
WHEREAS, County is requiring that this Conservation Easement (this "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 on Exhibit "B" attached
hereto and incorporated herein (the "Easement Property").
NOW, THEREFORE, for good and valuable consideration, the adequacy and receipt of
which are hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual
conservation easement for and in favor of County over and upon the Easement Property which
shall run with the land and be binding upon Grantor, and shall remain in full force and effect
forever.
The scope, nature, and character of this Easement shall be as follows:
1. Recitals. The recitals hereinabove set forth are true and correct and are hereby
incorporated into and made a part of this Easement.
2. Grant of Easement. Grantor, its successors, heirs, assigns and/or transferees,
hereby grants a non-exclusive easement to County over and across the Easement Property for the
purpose of conservation.
3. Restrictions. 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 County; or
b. Uses as permitted by Section 3.05.07.H of the Collier County Land
Development Code ("LDC"). In accordance with LDC Section 3.05.07.II.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.
4. Maintenance. 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. County shall have
no responsibility for maintenance of the Easement Property. The Easement Property shall at all
times be maintained in accordance with applicable requirements of the LDC. Grantor shall pay
any and all real property taxes and assessments levied by competent authority on the Easement
Property.
5. Public Access. No right of access by the general public to any part of the
Easement Property is being conveyed. County shall have the right to access and use of the
Easement property for the purpose of making inspections; however, County shall have no
obligation to maintain the Easement Property, nor shall County have the right to use the
Easement Property for any purpose inconsistent with the terms of this Easement.
6. Reservation by Grantor. 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.
7. Future Transfers. 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.
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8. Notice. 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. Amendment. 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. Easement Running with the Land. 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 Grantor that this
Easement be perpetual.
11. Severability. If any provisions of the Easement or the application thereof to any
person or circumstances is found to be invalid, the remainder of the provisions of this Easement
shall not be affected thereby, as long as the purpose of the Easement is preserved.
12. No Waiver. Enforcement of the terms, provisions and restrictions of this
Easement shall be at the reasonable discretion of County, and any forbearance on behalf of
County 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 County's rights hereunder.
13. Enforcement. The terms and conditions of this Easement may be enforced by
County 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 County
prevails, County 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 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.
3
IN WITNESS WHEREOF, Grantor has executed this Easement as of this 1k day of
2020.
WITNESSES: NAPLES BAPTIST CIIURCII, INC., a Florida
not for profit corporatio
WC:Ca
Name: �(�QlllC;� By: XX/
(Signature)
(Print) /�
Print Name: /!/%Kilo/ �Gft7Zyl
By: OMXQAtJLI 1(V\O
(Signature) Title: ke5
Name:-Ni\? V16,
(Print)
By:
(Signature
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me by means of 1 physj al presence
or ❑ online notarization,this 1g da of '()(uL , 2020 by )11C11ae1 muck.
, asYCS of Naples Baptist Church, Inc., a
Florida not-for-profit co oration, on behalf of the corporation. He he is personally known to
me or has produced_ 'j f)G •. 'dent 'cation.
if
ow rues TRISTAN LEIGH HARTLINE
(Seal) *" • ° Commission#GG 068230 O&
oQ Expires January 31,2021 ignatu of Notary
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Printed Name
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Acc-eptance by Grantee s
ATTESTr:. BOARD OF COUNTY COMMISSIONERS
CRYSTAL K.KINZEL, CLERK COLLIER COUNTY, FLORIDA
14 ,24A-kat
it.&Mat By:
Deputy Clerk` (Signature)
Attest aa'to Chairman's
signature only. Print Name: Burt. L. Ssund nra
Title: Chairperson
Approve s to form and legal sufficiency.
By:
A istant County Attorney
PrintName: Derek D. Perry
5
15166000_1 PERSON.3429
( )
SKETCH OF DESCRIPTION OF A TRACT OR PARCEL
OF LAND LYING IN
THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE WEST 1/2 OF THE
FAST 1/2 OF THE FAST 1/2 OF THE NORTHEAST 1/4 OF
SECTION 30, TOWNSHIP 48 SOUTI4 RANGE 27 EAST,
COLLIER COUNTY, FLORIDA
EXHIBIT A
LEGAL DESCRIPTION
A TRACT OR PARCEL OF LAND BEING THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE WEST 1/2 OF THE
EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE WEST 1/2 OF
THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA, THENCE NORTH 86'06'04" EAST, ALONG THE NORTH LINE
OF SAID FRACTION, A DISTANCE OF 323.04 FEET TO THE EAST LINE OF SAID FRACTION; THENCE
SOUTH 02°15'57 EAST ALONG THE EAST LINE OF SAID FRACTION, A DISTANCE OF 669.77 FEET, TO THE
SOUTH LINE OF SAID FRACTION; THENCE SOUTH 86'10'58" WEST, ALONG THE SOUTH LINE OF SAID
FRACTION, A DISTANCE OF 322.96 FEET TO THE WEST LINE OF SAID FRACTION; THENCE
NORTH 02°16'19" WEST, ALONG THE WEST LINE OF SAID FRACTION, A DISTANCE OF 669.31 FEET TO THE
NORTH LINE OF SAID FRACTION AND THE POINT OF BEGINNING.
CONTAINING 216,179 SQUARE FEET OR 4.963 ACRES, MORE OR LESS
SURVEYOR'S NOTES
1. BEARINGS SHOWN HEREON ARE GRID BEARINGS - FLORIDA STATE PLANE COORDINATE SYSTEM, EAST
ZONE, AND REFERENCE THE NORTH AMERICAN DATUM OF 1983/NSRS 2011 ADJUSTMENT (NAD 83/NSRS
2011), DERIVING A BEARING OF SOUTH 02'16'19" EAST ALONG THE WEST LINE OF THE SOUTH 1/2 OF
THE SOUTH 1/2 OF THE WEST 1/2 OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF
SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
2. SEE SHEET 2 OF 2 FOR SKETCH OF DESCRIPTION.
3. THE CHURCH ADDRESS IS:
11130 IMMOKALEE ROAD
NAPLES, FLORIDA 34102
• THIS IS NOT A SURVEY
NIS NM PREPARED BM. ERIS 93 KURTZ.PSM bopp�,' n sua DAGOSTINO&WOOD,INC. 7 CERTIFIED T°'
CFnr Nn w as NO.le wo -.�. �"'® Professional Surveying&Mapping o. NAPLES BAPTIST CHURCH, INC. a 19300
10981 Ronda Bead,Road SE Bonita Sponge,FL 34135 ica ooc
ism e.onn ND NNSFR er°ti %•+w 4' aeho/mn'.. Pone:(239)352-6085 website:vnmgvcsuneys.con K/,R 1°of 2
SKETCH OF DESCRIPTION OF A TRACT OR PARCEL OF LAND LYING IN
TIE SOUTH 1/2 OF THE SOUTH 1/2 OF TIE WEST 1/2 OF THE
EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF
SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA
OWNER: EDWARD ALEXANDER DCIIIBIT A
323.04'
POINT OF BEGINNING
N86°06'04"E
NORTHWEST CORNER OF THE SOUTH 1/2 NORTH LINE OF THE SOUTH 1/2 OF I
OF THE SOUTH 1/2 OF THE WEST 1/2 THE SOUTH 1/2 OF THE WEST 1/2 I
OF THE EAST 1/2 OF THE EAST 1/2 OF OF THE EAST 1/2 OF THE EAST 1/2
THE NORTHEAST 1/4 OF SECTION 30, OF THE NORTHEAST 1/4 OF SECTION 1
30, TOWNSHIP 48 SOUTH, RANGE 27 1
TOWNSHIP 48 SOUTH, RANGE 27 EAST EAST, COLLIER COUNTY, FLORIDA.
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LEGEND I ( IN FEET )
O.R. BOOK = OFFICIAL RECORDS BOOK I O 1 inch = 100 ft.
PARENT TRACT i
EXISTING 30' INGRESS
1 216, 179 SQUARE FEET OR ---1 AND EGRESS EASEMENT
ci) 6 4.963 ACRES, MORE OR LESS I PER O.R.B. 1762, PAGE 2014
Q co OWNER: I OWNER:
OWNER: Op NAPLES BAPTIST CHURCH, INC. I MARVIN W. LIGHTNER, JR. AND
SCHOOL DISTRICT - L O.R. BOOK 4431 PAGE 3799 BETH D, LIGHTNER
C.D1 O.R. BOOK 4510 PAGE 3154
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PER O.R.B. 1762, PAGE 2014 I_
S86°10'S8"W 322.96' SOUTH LINE OF THE SOUTH 1/2 OF
THE SOUTH 1/2 OF THE WEST 1/2
r, 1 Y,; OWNER: OF THE EAST 1/2 OF THE EAST 1/2
V• NAPLES ASSOCIATES IV, LLLP OF THE NORTHEAST 1/4 OF SECTION
30, TOWNSHIP 48 SOUTH, RANGE 27
,, Qt\G �.^ ,•. O.R. BOOK 4996 PAGE 3983 EAST, COLLIER COUNTY, FLORIDA.
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`,T'e. al$v •- THIS IS NOT A SURVEY
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SKETCH OF DESCRIPTION OF A PRESERVE LYING IN
THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE WEST 1/2 OF THE
EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF
SECTION 30, TOWNSHIP 48 SOUTH RANGE 27 EAST,
COLLIER COUNTY, FLORIDA
EXHIBIT B
LEGAL DESCRIPTION
A PRESERVE AREA BEING A PORTION OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE WEST 1/2 OF
THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE WEST 1/2 OF
THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA, THENCE SOUTH 02'16'19" EAST, ALONG THE WEST LINE OF
SAID FRACTION, A DISTANCE OF 220.88 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 64°21'54" EAST, A DISTANCE OF 40.23 FEET;
THENCE SOUTH 70°28'30" EAST. A DISTANCE OF 29.57 FEET;
THENCE SOUTH 02°23'51" EAST, A DISTANCE OF 102.29 FEET;
THENCE SOUTH 87°14'47" WEST, A DISTANCE OF 63.23 FEET;
THENCE NORTH 02°16'19" WEST, A DISTANCE OF 132.63 FEET TO THE POINT OF BEGINNING.
CONTAINING 7,349 SQUARE FEET OR 0.17 ACRE, MORE OR LESS.
SURVEYOR'S NOTES
1. BEARINGS SHOWN HEREON ARE GRID BEARINGS — FLORIDA STATE PLANE COORDINATE SYSTEM, EAST
ZONE, AND REFERENCE THE NORTH AMERICAN DATUM OF 1983/NSRS 2011 ADJUSTMENT (NAD 83/NSRS
2011), DERIVING A BEARING OF SOUTH 02°16'19" EAST ALONG THE WEST LINE OF THE SOUTH 1/2 OF
THE SOUTH 1/2 OF THE WEST 1/2 OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF
SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
2. SEE SHEET 2 OF 2 FOR SKETCH OF DESCRIPTION.
3. THE CHURCH ADDRESS IS:
11130 IMMOKALEE ROAD
NAPLES, FLORIDA 34102
,: THIS IS NOT A SURVEY
THIS MAP PREPARED BY: F.RI('�lLKI.WTSAZ t..°iBJpo°Ewi Ro*ro SLUE DAGOSTINO&W00D,INC. CERTIFIED T0: ""
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SKETCH OF DESCRIPTION OF A PRESERVE LYING IN
THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE WEST 1/2 OF TIE
FAST I/2OF THE FAST I/2OF THE NORTHFASTI/4OF
SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA
OWNER: EDWARD ALEXANDER BIT B
N86'06'04"E 323.04'
4.0
POINT OF COMMENCEMENT
w N o NORTHWEST CORNER OF THE SOUTH 1/2
3 00 10
OF THE SOUTH 1/2 OF THE WEST 1/2
d OF THE EAST 1/2 OF THE EAST 1/2 OF
O,_z N THE NORTHEAST 1/4 OF SECTION 30,
l'g J.w TOWNSHIP 48 SOUTH, RANGE 27 EAST
0ZW rn
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.4, • o� GRAPHIC SCALE
o�p • PRESERVE AREA v, a 50 100
co_ 7,349 SQUARE FEET w
3 2 o P, w OR 0. 17 ACRE, CC
N N MORE OR LESS OU ( IN FEET )
LEGEND z], o N 1 inch = 100 ft.
N
O.R. BOOK = OFFICIAL RECORDS BOOK • • o
v) N
EXISTING 30' INGRESS
2 S87'14'47"W 63.23' --I AND EGRESS EASEMENT
QD I PER O.R.B. 1762, PAGE 2014
m
I OWNER:
o OWNER: z oW, OWNER: MARVIN W. LIGHTNER, JR. AND
NAPLES BAPTIST CHURCH, INC.
SCHOOL DISTRICT - L O.R. BOOK 4431 PAGE 3799 BETH D, LIGHTNER
m N O.R. BOOK 4510 PAGE 3154
o
NOTE:
SEE SHEET 1 OF 2 FOR LEGAL DESCRIPTION.
EXISTING 10' INGRESS
AND EGRESS EASEMENT 1 I
PER O.R.B. 1762, PAGE 2014
I—
N86'10'58"E 322.96'
OWNER:
NAPLES ASSOCIATES IV, LLLP
O.R. BOOK 4996 PAGE 3983
. THIS IS NOT A SURVEY
Tills MAP PREPARED sP: NIC.' ,�.PSM / s --rno, Dri DAGOSTINO&WOOD,INC. _ DER11Fl _ED TO: "
mm ss18 m wmoaulml xn u w �i_ir ^ Professional Surveying&Mapping NAPLES BAPTIST CHURCH, INC. ...T1
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Authorized to 'Sign
This letter serves as evidence that Mc-7,F- -:, Eizza, Pas-tor/President, is alAnorized to sign for subTrtttng
the Planning Appileatlon on behalf of Nac7::7.15;Churdl,Inc_
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Michael P.372C"'
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II
INSTR 5932012 OR 020 9.35 5824 PG 00
GES 3
RECORDED 101212 AM15PA
CIRCUIT COURT AND COMPTROLLER
THE
Recording Fees: $27.00 CLERK O COLLIER COUNTY FLORIDA
REC$27.00
This Instrument was prepared by:
and after recording return to:
Sarah H. Grieb,Esq.
Roetzel&Andress, L.P.A.
850 Park Shore Drive
Trianon Center—Third Floor
Naples,FL 34103
(239)649-6200
SUBORDINATION AGREEMENT
THIS SUBORDINATION AGREEMENT (the "Agreement") is executed this 15, day of
Augus , 2020, by DIANNE B. SAGE, a single person, having an address at 2140
Moulder Drive, Naples, Florida 34120 ("Sage") in favor of COLLIER COUNTY, FLORIDA,
("Collier County"), a political subdivision of the State of Florida, and its successors and assigns, and
is made with reference to the following facts:
(A) NAPLES BAPTIST CHURCH, INC., a Florida non-for-profit corporation
("Naples Baptist"), is the owner in fee simple title of that certain real property situate, lying and
being in Collier County, Florida, and being more particularly described in Exhibit "A" attached
hereto and by this reference made a part hereof(the "Property").
(B) Sage is the owner and holder of that certain Mortgage from Naples Baptist, dated
January 30, 2009 and recorded March 3, 2009 in Official Records Book 4431, Page 3810, as
modified in Official Records Book 4785, page 1334; Official Records Book 5122, page 2182 and
Official Records Book 5409, page 1126, Public Records of Collier County, Florida (collectively, the
"Mortgage").
(C) The Mortgage encumbers the Property.
(D) Pursuant to a Conservation Easement recorded at O.R. Book , Page
, Public Records of Collier County, Florida (the "Easement Agreement"), Naples Baptist
granted and conveyed to Collier County an access easement and certain other easements and rights,
over, under, upon and across the Property as described in detail in the Easement Agreement.
(E) Naples Baptist and Collier County have requested that Sage execute this
Agreement to effect and evidence Sage's consent and joinder to the Conservation Easement and the
subordination of the Mortgage to the Conservation Easement.
NOW, THEREFORE, for and in consideration of the premises, and other good and valuable
consideration in hand paid to Sage, receipt of which is hereby acknowledged by Sage, Sage does
hereby covenant and agree as follows:
-1-
Ce
1. Recitals. Sage agrees that the statements contained in the recitals of fact set forth
above (the "Recitals") are true and correct, and the Recitals by this reference are made a part of this
Agreement.
2. Subordination. Sage hereby agrees that the lien of the Mortgage and any other
instruments of security incident thereto and all right, title, and interest of Sage in the Property is
hereby made subject, subordinate, and inferior to the Conservation Easement. Except for altering the
priority of Sage's lien on the Property, this Agreement shall not alter or amend any of the terms,
conditions and/or obligations contained in the Mortgage.
3. No Default. Sage hereby warrants and represents that it is the owner and holder of
the Mortgage and that no defaults presently exist thereunder.
4. Benefit. This Agreement shall be binding on Sage and her legal representatives,
successors and assigns and shall inure to the benefit of Collier County and its successors and
assigns.
IN WITNESS WHEREOF, Sage has caused this Agreement to be executed the date and
year first above written.
Signed, sealed and delivered in our presence:
CIALNI .10--tetMdruL.,
Witness Name: !` liar Dianne B. Sage
Witness Name: VIIlia." Di ti
State of Florida )
County of C0t11e.r )
The foregoing instrument was acknowledged before me by means ofphysical presence or
❑ online notarization, this 1�j day of Aug USt 2020, by Dianne B. Sage, who 0 is
personally known to me or I has produced Fl. P L as
identification.
OMOL .11(1 WM*
[Notary Seal] Notary Public- Signature , � �,, "
Printed Name: V1Gl�IC10� IM&,LtAS
tpYPue ANALICIAMACIAS
k
'�''�O Commission#GG 929585 My Commission Expires: 1,11 I i 7.3
r ;11) � Expires November 17,2023
FV:r Bonded Thru Budget Notary Services
-2-
0
EXHIBIT"A"
LEGAL DESCRIPTION
The South Y2 of the South %2 of the West'/2 of the East 'V2 of the East Y2 of the Northeast'/4 of Section 30,
Township 48 South, Range 27 East,Collier County, Florida, less the South 10 feet and the East 30 feet
thereof for ingress and egress.
Parcel Identification Number 00219120302
-3-