Diaz Family Limited Partnership (Folio #81544000129 & #81544000022) THIS INSIRUMENT PREPARED BY&RETURN TO:
NAME: KATHLEEN C.PASSIDOMO,ESQ.
KELLY,PASSIDOMO&ALBA,LLP
ADDRESS: 2390 NORTH TAMIAMI TRAIL INSTR 6187800 OR 6069 PG 1226
SUITE 203 RECORDED 1/11/20228:42AM PAGES 10
NAPLES,FLORIDA 34103 CLERK OF THE CIRCUIT COURT AND COMPTROLLER
PARCELLD. #81544000129 COLLIER COUNTY FLORIDA
#81544000022 DOC@ 70$0.70 REC $86.50 INDX$2.00
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
T IS CONSERVATION EASEMENT given this / 7 day of
it , 2009 by DIAZ FAMILY LIMITED PARTNERSHIP,
a Florida Limited Partnership (hereinafter "DIAZ"), as Grantor, whose address is
3905 Westview Drive, 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, DIAZ 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 DIAZ; 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. DIAZ, 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
Revised 10/14/05 1
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.
3. DIAZ, 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.
Revised 10/14/05 2
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.
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: DIAZ FAMILY LIMITED PARTNERSHIP
Prin -: ame: _AIL" T
1/41111ft. By:
`•rinte% ame: An a/Jw- ri st/.t Z Carlos Diaz, General P ner
By: Ele,4714;7-0).
Edelmir . iaz, Ge I r er
By:
Fermin A. Diaz, General-er
Revised 10/14/05 3
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing instrument was subscribed, sworn and acknowledged before
me this f day of T// , 2009, by Carlos Diaz,
Edelmira A. Diaz and Fermin A. Diaz, as General Partners of Di z Family Limited
Partnership, a Florida Limited Partnership, as, and who are [personally known
to me or [ ] who produced as identification.
e;r
6c, u
NOTARY PUBLIC
Printed Name: t WFt'
My Commission Expires: - /9- 8
< � CARMEN FLORES
• .%`;:
1'_ ;: MY COMMISSION#DD 853198
i i,�•_%""�41 EXPIRES:February 19,2013
r41.•' Bonded Thru Notary Public Underwriters
Revised 10/14/05 4
Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
r ' $07-7.?-wv cdt-gtec,
By: 4_ A / LA •.C. .
.44 !
O CHAIRPERSON
Ogaden Casa
Approved as to form and
Legal sufficiency:
7. L)J2.
5-kuer. i. W:Ilia,hs
Assistant County Attorney
Revised 10/14/05 5
NEW DIRECTIONS IN PLANNING,DESIGN&ENGINEERING.SINCE 1956.
WilsonMiller®
EXHIBIT "A"
LEGAL DESCRIPTION
Tract 1, Westview Commerce Park,
Plat Book 38, pages 97-98
Collier County, Florida. •
Containing 9.75 acres more or less.
Subject to easements and restrictions of record.
Bearings are based on the west line of said Tract 1, being North 00°45'10"West.
Certificate of authorization#LB-43.
WilsonMiller, Inc.
Registered Engineers and Land Surveyors
By: ®," Pew a- Date March 18, 2009
J• r'. Maloney, Prof- sional Surveyor and Mapper#LS4493
Not id unless embo sp ed vyith the Professional's seal. •
Ref. 2C-1129, sheet 1
4
.
`
4y
800.649.4336 239.649.4040 F 239.643.5716
3200 Bailey Lane Suite 200 Naples,Florida 34105 s,
3/182009-211095-Ver 1-JMalorrey Wilson Miller.com
1407,17-001 501--0
0
ZLL rn
co 1-- N
n 0 w
ocon Z M a WZ
cc taQ 0 N * z3o =i
o U w * En Q-•c., -N
U W Q 3- * W Q u LL
• O O VI I- Z 1 ..
� WW 1--
� IIQ W� ��',-Om
CO n d ~ I-
,,-) �cc NU W1� W,I
& < 0 Ju wm woaf
� cnz QW� co _o ,�^ �_L`aNgo
z o a Oo� w
w II Z U II H V/ -' z as o N
Q W N T ¢ CO o m o a a0� V1 w d(Wj ~ Q H� }=m a6 x o
� zri 03 Q N� 43vcCv n�� 3 Ow¢ W II0W0 ,..1"- m�w� N
Q F n I' P au_i�ZO=~ W R QW Q A'm b O
Q 3w3w333 �Li L 11 tzar <J H <L0a i.o
=n Z OOOO��< Z rjF MZ u,,Z WO O Zp 22 `4 N
LI..1 O,'? � � 'n ^N ^U'n OOWIYw >�Q it_Jul Z p -oa 6Z
Zoi 0) W w R .* nN lwiDUU' 0.W I''IJ .. d<w
O W'O.- m0b,bb, bba O� UZZUm Ifn—d' [y>�,U .
2 Z Z Z Z N UOI W�zc�1a-Ql.�l.�Ow�� * lZ„ U1r z
•
J m bWo-z„oo I Wv,� * - WOO
0 o h m G_,J J a J2� W O Cr-3 2 Q�W * 0 0 0 U '.
n Q CCtnN00aaCr Q Q= O
Z20� KZ ..\
�ZOODU II it IIOIIQ 00 0o ...1 II
Z E OZZ U-I Li II It tioi311 wQ N N ¢t!
to n IT,/ w WMMOmg001,iW w to w
W OM W mmoo UUa.2 dZfn W N ti
J
;I. tr., w x =
SC_ALE: 1' 100' o •
W o
w Cn -- O Z aw -
U Cs/U E., E Q at a 0 <•0 3
U p W3 E.
'' <ffit
a c=. 0 -LL F
ci) o ��< owl
onor�m
Tr >' x '�;NZw2
.. x >.� - �p2 0z
E. F' NU4�jmON
O 0 x„ O �tti23<w'''
2�•o f
'� a .•7 .N.
DONNA STREET 60' RIGHT OF WAY -P< 0,3
W2 4�
COCNUT CREEK-UNIT NO.3
x
PLAT BOOK 3. PAGE 48 N J 4
i ---.. ..-1
rnI W STVIEW PLAZA REPLAT P.B. 30, PA ES 89-90 , yO��� r w wJ o
v t
m I
59' D.E. I 3'0 .6S u 4 O o
I U U 91 ` • •'N"rn v,
I T7\� I I �� w N !
- �� V n i.!IL. z = o a.
1 LL i ! Io Er 1 I d t` a M K
1 il� // Io CC] I w Oa i ,,w 1
• I rI ; 44
Flo zwFQ P- FWD
E: w o
: .-� / �I N O8 ZO I ��w
U arQ z
• H i� /� % L5 \ oI z d o I.
aq� d I o m "LI
o a CL _ 1
NI
r + f--- rn IEI ^ N coC1oa o� o o I
! �i/ ago .7 �O"y o w CO
Iti� i' WTI aI NI 7.t. aoo �n
° 'I I Ulu!I N GS z m 6 n `� o
!-'1 ,z
7T-"ti —I Ic�-T I I Q�Q'w N I t O O
�/ L 1 I I WaI COI Z Da 3 dN' N tel
i ew I zf I >� o v w
V U O •J% 1 l v/ o i N Z p` J a
I7a ,aa;
i_ q• I,1` , L3 I/ ��a� I
i 1 m' J y1 66' O.E. �\� [ay�.k • 66' DE. O•` i 1
W eq YyaE �`c O
C� �Oot F ggqt a m O N
O &-'uao I fir��3 C2gg U'3 W O m
a3 a I-ReAY� aYr O d' e w;<i = `-
Q -T r� a ce '< 0 4 7
i 11 Q II +T aTgxa
NEW DIRECTIONS IN PLANNING,DESIGN&ENGINEERING.SINCE 1956.
WilsgnMiller®
LEGAL DESCRIPTION
Being a part of Tract 1, Westview Commerce Park,
Plat book 38, pages 97-98
Collier County, Florida.
Conservation Easement
Commencing at the Southwest corner of Tract 1, according to the plat of Westview
Commerce Park, as recorded in Plat Book 38, pages 97-98, of the public records of
Collier County, Florida.
Thence along the west line of said Tract 1, North 00°45'10"West 58.88 feet;
Thence leaving said west line North 89°14'50" East 66.00 feet to a point on the east
line of the platted 66' drainage easement as show on said plat and the POINT OF
BEGINNING;
Thence along said east line North 00°45'10"West 48.66 feet;
Thence leaving said east line North 89°14'49" East 20.00 feet;
Thence 62.37 feet along the arc of a non-tangential circular curve concave north
having a radius of 81.17 feet through a central angle of 44°01'38" and being
subtended by a chord which bears South 68°37'51" East 60.85 feet;
Thence North 89°21'20" East 159.87 feet;
Thence 119.09 feet along the arc of a circular curve concave northwest having a
radius of 76.19 feet through a central angle of 89°33'37" and being subtended by
a chord which bears North 44°34'32" East 107.33 feet;
Thence North 00°12'17" West 32.43 feet;
Thence South 90°00'00" East 209.98 feet to a point on the 59' platted drainage
easement as shown on said plat of Westview Commerce Park;
Thence along said drainage easement in the following Three (3) described
courses:
1. South 00°30'22" West 15.81 feet;
2. South 04°25'44" West 116.21 feet; ,
3. South 89°21'20" West 512.00 feet to the POINT OF BEGINNING. r
Containing 0.86 acres more or less.
Subject to easements and restrictions of record.
Bearings are based on the west line of said Tract 1, being North 00°45'10"West. '
Certificate of authorization #LB-43.
WilsonMiller, Inc.
Registered Engineers and Land Surveyors
"
` "�6 2
By 1 Date March 18, 2009
J hn . Maloney, Profe ional Surveyor and Mapper#LS4493
Not lid unless embo sed ith the Professional's seal.
Ref. 2C-1129, sheet 1
.
800.649.4336 239.649.4040 F 239.643.5716
3200 Bailey Lane Suite 200 Naples,Florida 34105
3/18/2009-211093-Ver l-!Ma°ney WilsonMiller.com
f1U1b/-°Ul-0°l..U -
a4 3.
KELLY, PASSIDOMO & ALBA, LLP
ATTORNEYS AT LAW
GREY OAKS BUILDING
IN
CHARLES M.KELLY,JR. POINCIANA PROFESSIONAL PARK CURTIS B.CASSNER
Board Certified Tax Lawyer SUITE 305 Also Certified Public Accountant
Board Certified Wills,Trusts 2640 GOLDEN GATE PARKWAY Licensed in the State of Ohio
and Estates Lawyer NAPLES,FLORIDA 34105-3203
Master of Laws in Estate Planning
Certified Public Accountant TELEPHONE TELECOPIER
KATHLEEN C.PASSIDOMO (941)261-3453 (941)261-5711
Board Certified Real Estate Lawyer
DAVID A.ALBA
1951-2001
March 23, 2009
Board of County Commissioners of Collier County, Florida
3301 East Tamiami Trail
Naples, Florida, 34112
RE: TRACT 1, WESTVIEW COMMERCE PARK
ACCORDING TO THE PLAT THEROF RECOREDED IN PLAT
BOOK 38, PAGES 97-98
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
(HEREIN THE"REAL PROPERTY")
To Whom It May Concern:
We have examined the public records of Collier County,Florida through March 2, 2009 at
I 1:00 P.M. regarding the Real Property and opine as to the following:
A. Title to the Real Property is vested in Diaz Family Limited Partnership, a Florida limited
partnership by Warranty Deeds recorded on October 30, 2000 and recorded in O.R. Book
2737 Page 859 of the Public Records of Collier County, Florida and on January 21, 2001
in O.R. Book 2768 Page 2386 of the Public Records of Collier County, Florida copies of
which are attached.
B. The Real Property is encumbered by the following Mortgages,copies of which are attached:
i. Mortgage from Diaz Family Limited Partnership, a Florida limited partnership,
dated November 1, 2000 and recorded November 16, 2000 in O.R. Book 2744
Page 526 and U.C.C. Financing Statement recorded in O.R. Book 2744 Page 551,
all of the Public Records of Collier County, Florida in favor of Fifth Third Bank,
an Ohio banking corporation.
ii. Mortgage from Diaz Family Limited Partnership, a Florida limited partnership,
dated June 4, 2003 and recorded June 6, 3003 in O.R. Book 3309 , Page 2831 and
U.C.C. Financing Statement recorded in O.R. Book 3309 Page 2863, all of the
Public Records of Collier County, Florida in favor of Fifth Third Bank, an Ohio
banking corporation.
iii. Mortgage from Diaz Family Limited Partnership, a Florida limited partnership,
Charles M.Kelly,Jr.e-mail-ekelly(a;flinttrust.com Kathleen C.Passidomo e-mail-kpassi(a)aol.com
Board of County Commissioners
Collier County, Florida
March 23, 2009
Page -2-
dated June 4, 2003 and recorded June 6, 3003 in O.R. Book 3309 , Page 2847 and
U.C.C. Financing Statement recorded in O.R. Book 3309 Page 2868, all of the
Public Records of Collier County, Florida in favor of Fifth Third Bank, an Ohio
banking corporation as modified and assigned by Assignment of Note and
Mortgage and Modification Agreement recorded in O.R. Book 3525, Page 2228
of the Public Records of Collier County, Florida as further assigned by Assignment
of Assignment of Note and Mortgage and Modification Agreement recorded inO.R.
Book 3547 Page 3038 of the Public Records of Collier County, Florida.
iv. Mortgage from Diaz Family Limited Partnership, a Florida limited partnership,
dated February 13, 2009 and recorded March 9, 2009 in O.R. Book 4433, Page
1792 of the Public Records of Collier County, Florida in favor of Fifth Third
Bank, an Ohio banking corporation.
C. Title to the real Property is subject to the following additional matters:
i. The lien of all taxes for the year 2009 and thereafter.
ii. Restrictions,conditions,reservations,easements and other matters contained on the
Plat of Westview Commerce Park according to the plat thereof, recorded in Plat
Book 38 , Pages 97-98, of the Public Records of Collier County, Florida.
iii. Covenants for Drainage Easement Maintenance and Assessment Liens recorded in
O.R. book 966, Page 1165 of the Public Records of Collier County, Florida.
iv. Utility Easements contained in Bill of Sale recorded in O.R. Book 1280, Page 615,
of the Public Records of Collier County, Florida.
v. Easement recorded in O.R. Book 2688, Page 3097 of the Public Records of Collier
County, Florida.
vi. Utility Facilities Warranty Deed recorded in O.R. Book 2700, Page 2141 of the
Public Records of Collier County, Florida.
vii. Easement in favor of Florida Power&Light Company recorded in O.R. Book 3269
Page 161 of the Public Records of Collier County, Florida.
viii. Declaration of Restrictions recorded in O.R. Book3111, Page 3195 of the Public
Records of Collier County, Florida.
If you have any questions or require additional information, please let me know.
Very truly yours,
ssl omo
Charles M.Kelly,Jr.e-mail-ckelly(aflinttrust.com Kathleen C.Passidomo e-mail-kpassi(a?aol.com