Catawba Nursery
THIS INSTRUMENT PREPARED BY & RETURN TO:
NAME: PHIUP R. MAJORCA
ATTORNEY AT LAW
ADDRESS: 2180IMMOKALEE ROAD, SUITE 212
NAPLES, FL341IO
PARCELID. #00212240001
INSTR 4351662 OR 4500 PG 918
RECORDED 10/14/2009 10:54 AM PAGES 3
DWIGHT E BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $2700
SPACE ABOVE THIS LINE FOR PROCESSING DATA
SPACE ABOVE THIS LINE FOR RECORDING DATA
SUBORDINATION AGREEMENT
'f{....
THIS SUBORDINATION AGREEMENT given this 30 - day of
AJaJ/(JA , 20 O~j , by Ross A. Coombs and Mary E.
Coombs, husband and wife, hereinafter called the "Lender", whose address is
8720 Fort King Road, Zephyrhills, FL 33541.
WHEREAS, 2430 Catawba Street, LLC, a Florida Limited Liability Company
"Borrower" executed a mortgage dated May 16, 2007 which was recorded in
Official Records Book 4231, Page 2543 of the Public Records of Collier County,
Florida "the Mortgage" in favor of Lender encumbering that certain tract of land
located in Collier County, Florida described as follows:
Pa reel 1
The South 280 feet of the West 1/2 of the Southwest 1/4 of the Northwest 1/4
of the Northeast 1/4 of Section 29, Township 48 South, Range 27 East, LESS the
South 30 feet thereof and LESS the West 30 feet thereof, lying and being in
Collier County, Florida.
Parcel 2
The Southeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 29,
Township 48 South, Range 27 East, subject to an easement for ingress, egress
and utilities over the East 30 feet thereof, lying and being in Collier County,
Florida.
Parcel 3
The West 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of
Section 29, Township 48 South, Range 27 East, LESS the West 30 feet thereof,
and LESS the South 280 feet thereof, lying and being in Collier County, Florida.
(hereinafter referred to as the "Property''); and
WHEREAS, Borrower wishes to grant a Conservation Easement on the Property
in favor of Collier County, Florida, a political subdivision of the State of Florida,
which will be recorded substantially contemporaneously with the recording of the
Subordination Agreement.
WHEREAS, Lender has agreed to subordinate the lien of the Mortgage to the
Conservation Easement.
NOW, THEREFORE, in consideration of $10.00 ten dollars and other good and
valuable consideration, receipt of which is hereby acknowledged, Lender agrees
that the lien of the Mortgage is subordinated and made inferior to the
Conservation Easement.
IN WITNESS WHEREOF, Lender has hereunder set its hand and seal the day
and year first above written.
Sign, sealed and delivered in the presence of:
WITNESSES:
~~~dJc~
Printed Name: I
~~k- Pl*~ (!~
Mary E. oombs
Printed Name: f'~IL- ~
/) 1/\ j
(tu; ~~
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoLl]g instrument w subscribed, sworn and acknowledged before
me this '31J'lli day of 20 01' , by Ross A.
Coombs and Mary E. Coombs who is personally known to me or [ ] who
produced as iden ification.
My Commission Expires:
NO RY UBLI<;.r^"... .1,. I. .ii. J
Printe Name:~~V
Tms INSTRUMENT PREPARED BY & RETURN TO:
NAME: PHIUP R. MAJORCA
ATTORNEY AT LAW
ADDRESS: 2180 IMMOKALEE ROAD, SUITE 212
NAPLES, FL 34110
PARCELID. # 00212240001
INSTR 4351663 OR 4500 PG 921
RECORDED 10/14/2009 1054 AM PAGES 6
DWIGHT E BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
DOC@ 70 $0 70 REC $52.50
CONS $0 00
SPACE ABOVE THIS LINE FOR PROCESSING DATA
SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this J~ day of
;Y)""", h , 20lJ~ , by 2430 Catawba Street, LLC, a Florida
Limited Liability Company, as Grantor, whose address is 2360 Catawba Street,
Naples, FL 34120, 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, 2430 Catawba Street, LLC, is the owner of that certain tract of
land located in Collier County, Florida described as follows:
The South 280 feet of the West 112 of the Southwest V4 of the Northwest '/4 of
the Northeast V4 of Section 29, Township 48 South, Range 27 East, LESS the
South 30 feet thereof and LESS the West 30 feet thereof, lying and being
in Collier County, Florida.
(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 2430 Catawba Street, LLC; 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 "A" (the Easement Property).
NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to
Collier County as follows:
1. 2430 Catawba Street, LLC, its successors, heirs, assigns and/or
transferees, hereby grants a non-exclusive easement to Collier County over and
across the property described as Exhibit "A" for the purpose of conservation.
Revised 10/14/05
1
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.
3. 2430 Catawba Street, LLC, 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 10/14/05
2
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.
Revised 10/14/05
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:
WITNESSES:
2340 Catawba Street, LLC
By: Crawford Florida, LLC, Its managing member
Printed Name: ItJl'r
~1 ~ tr1JU
Printed Name: M. fJ/oOII'J::
By:
Richard S. Crawford, its m
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregolnJl. instrument was subscribed, sworn and acknowledged before
me this 1FT"" day of '1T~ d.. ,20 oCf , by Richard
S. Crawford, as Managing Member for Crawf9l"d Florida, LLC, managing member
of 2430 Catawba Street, LLC, and who is [VI personally known to me or [ ] who
produced as identification.
My Commission Expires: 1'V/MI1
,Q~~
NOTARY PUBLIC
Printed Name: PIH72/el'+ K,.C;A-UAGr~
W#~.~. "ATRICIA R GALAGHER
~*; '*i MY COMMISSION # 00747864
-"'''' '" ,..' EXPIRES February 16. 2012
(401) 398"()153 FtoridaNolaryService.com
Revised 10/14/05
4
Acceptance by Grantee:
ATTEST:
DWIGHT E. BROCK, Clerk
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Approved as to form and
Legal sufficiency:
iJ'\.th A Clo
HI( t!.), /KHn:lI.i' U uf.c
Assistant County Attorney
Revised 10/14/05
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
(J / _
,t~?7>-A-' .;;J;. 4."
DONNA FIALA, CHAIRPERSON
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