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Aston Gardens at Pelican MarshMemorandum 1686 TO: FROM: DATE: RE: Ellie Hoffman Records Technician III Minutes & Records Management J. Keith Gomezl~/ Real Property ~'~:ialist II Real Property MJanagement Department April 23, 2001 Livingston Road Project No. 62071 WCI Communities Inc./Aston Gardens/Pelican Marsh Please find attached one (1) ori_clinal recorded Warranty Deed and one (1) ori~linal recorded Developer Contribution Agreement for the above referenced project The Board of County Commissioners of Collier County, Florida approved the Agreement, accepted the conveyance and approved the recording on F~b, uary.5, Zuul, pursuant to Agenda Item #16(B)6. //:~.,..]/~ / Please contact me if you have any questions or comments at 8845. Thank you. attachments as stated CC: Mitch Riley, P.E., Senior Project Manager, Transportation Engineering and Construction Management Department w/copy of Deed Sharon Newman, Transportation Accounting Supervisor, Transportation Administration w/copy of Deed Tax CollectorS'w/copy of Deed Tax Appraiser's Office w/copy of Deed Inventory File w/copy of Agreement and Deed Project Contractors file w/copy of Agreement, Page 1 and Deed Office of the Real Property Management Department Project: Livingston Road Parcel: Portion of Section 25, Township 48 South, Range 25 East, Collier County, Florida This instrument prepared by: Vivien N. Hastings, Esquire 24301 Walden Center Drive Bonita Springs, FL 34134 2770362 OR: 2797 PG: 2680 RBCORD~D in OFPICIAL RECORDS of COLLIBR COUNTY, FL 03/29/2001 at 09:{SAM DWIGHT E, BROCK, CLERK CONS 239304.00 RSC ~! 19.50 DO¢-,?O I675.80 C0PI85 4.00 Retn: INT~ O~HC~ _ WARRANTY DEED THIS WARRANTY DEED made this jJ~day of January, 2001, by ASTON GARDENS AT PELICAN MARSH, LTD., L.P., a Delaware limited parmership (hereinafter called the "Grantor") to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter called the "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference ("Property"). This Property is not now, nor has it ever been, the homestead of the Grantor, nor is it contiguous to any homestead of the Grantor. SUBJECT TO: utility easements; Easement at O.R. Book 1710, Page 375 of the Public Records of Collier County, Florida; and local governmental restrictions and reservations of record. TOGETHER with all the tenements, hereditaments, and appurtenances thereto belong or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Printed~iame ASTON GARDENS AT PELICAN MARSH, LTD., L.P., a Florida limited partnership By: Aston~ffeliffan~ars/l~ Inc., a P r fh'~N ame: t,~ ~J~ a r~- Its: 'P si,5 ernc i:pelicanmarsh\deedliv.aston THIS CONVEYANCE C~LI~EROF COUNTy ACCEPTED BY THE COUNTY, FL~XDA, OR: 2797 PG: 2681 STATE OF FLO. RIDA, ) ~ 1686 co~¥ o~ ~~ · The foregoing instrument was a.cknowled~ed before me this day of January, 2001, by ~.t~(/_~z~t~4) , as ¥/te¢_.~ ~Pl~148r)-J'~ of Aston Gardens at Pelican Marsh, Inc., a Delaware corporation and general parmer of Aston Gardens at Pelican Marsh LTD., L.P., a Delaware limited partnership, on behalf of the corporation and the parmership. He is personally known to me. Printed Name My Commission Expires i :pelicanmarsh\deedliv.aston EXHIBIT OF:P,, 2682 · ~ PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL)' . ,~ s.. ~. ~ ~. I I'~" I~.~ ,~o~E[ ~/' ~ T~.'~'~ ............ ,.,~ ~lu ~ ~ ~ U ~ ~ N II A ' " · ~o I ~ ~ ~o SC LE. I = 200 ' , I I ~ ~ '~ P ~ ~(o.~. ~o7. ~c. m2~)~ I d~ ,~ ,, ~ (0 R 2499, PC 0341) ~ ~ ~ ~ ~" ~ ~ : ~ ~ d ~ ~ ~ ~ ' m ~ ~ t EASEMENT AGREEMENT ~ ~ ~ ~ ~ ~ ~' EXCLUSI~ (BLANKET) [ ~ ~ CURRENT DEED OF RECORD g~ X I ~ e~ ~ ~ ~ ~'AM A. OO~OVAN AND Z~ ~ , L ~ ~m" J. (~A~CIA ANNE GRANADOS) ~ ~ BEARINGS ARE BASSO ON ~E ~ST LINE OF ~E 50U~S7 QUAR~ ~ ~ 5ECUON 31, T~. 4~ S., RGE. 26 E., AS ~[ING N 0~'05'57" ~ARED BY: REV, Sm [~ ~ SHEET ? OF 2 ~::~ou - N: ~/ / lille BY: ~ ~ / I.1=11[ SCALE. 0 ~'~o~R~ 7~ ..... ~ :a.d ..~ DRAWN : l JAN DA~: JANi 12. 2001 com~.~: ~ ~. ~ ~ ~ N.~, N.~. ~ .,. (~)ew-~,,, CHECK BY' A · ' ~ ---'~ .......... ~ ~ ,~ ~. ~ ~m: {~:):~-:n, '" ~ PROJECT NO.. *** OR: 2797 PG: 2683 *** PROJ[ L NO: TAX PARCEL NO. SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION QF RIGHT-OF-WAY PARCEL ALL THAT PART OF SEC]~ON 25. TOWNSHIP 48 SOU77~, RANGE 25 EAST, COLLIER COUNTY. FLORIDA, BE/NC MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT TIlE NORTHEAST CORNER OF SAID SECTION 25, THENCE SOUTH 02'06'7J" EAST ALONG THE EASTERLY LINE OF SAID SEC770N 2.5, A DISTANCE OF 1216.90 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED. THENCE CONTINUE SOUTH 02"06'1,3" EAST ALONG THE EASTERLY LINE OF SAIO SECTION 2'5, A DISTANCE OF 1062.65 FEET TO THE SOUTHEAST CORNER OF THOSE LAND5 AS DESCRIBED IN OFFICIAL RECORD BOOK 2.365, PAGE 2788, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE LEAWNG SAID EASTERLY LINE OF SAID SECTION 23. THENCE SOUTH 89'15',39" WEST ALONG THE SOUTHERLY LINE OF SAID LANDS A DISTANCE OF 275.08 FEET TO AN IN'[ERSECTION WITH THE EASTERLY LINE OF A FLORIDA POWER AND LIGHT EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 432, PAGE 720, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA: THENCE NORTH OZ'OO'lJ" WEST ALONG SAID EASTERLY LINE OF 5AID EASEMENT A DISTANCE OF 1062.65 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID LANDS; THENCE NORTH 89'15°39" EAST ALONG SAIO NORTHERLY LINE A DISTANCE OF 27.5.06 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 6.7! ACRES OF LAND MORE OR LESS. EXHIBI, r'A" ~R[ BASEO ON r~E ~ST UN[ OF mE SOUrH~ST OUa.~r~'R OF ~.~"' BEARINGS SEC710N 31 .... TWP 48 $. RGE. 26 E AS BEING N 02'05'57" PREPARED BY: ~ z~H,E~-T 2 OF' 2 ;;;;'.% R~VlSloN: ~ / _-_-_-_-~NOLI BY/ J ..// . :::::. , ~--u~-.~-,.,.-~.~,~m'.--,-...~,~,~.,~r.,,~,..~,., (,,,~,',-a,,, CCHF~K~t) · ECT NO'7 41-5 · ,- ¢.-,,~ ~,u ~o~. ~,,. ~,.,..~, a~..,~. ~'o" ~ ~ =.,. [.,,~,-:uu BY. WDA PROJ .. 1686 STANDARD FORM COLLIER COUNTY DEVELOPER CONTRIBUTION AGREEMENT FOR ROAD IMPACT FEE CREDITS FOR WCI COMMUNITIES, INC. - LIVINGSTON ROAD and GOODLETTE-FRANK ROAD No.2000~001-TR-WCI-Livingston Road THIS CONTRIBUTION AGREEMENT is made and entered into this 23rd day of January, 2001, by and between WCI COMMUNITII~.S, INC., a Delaware corporation duly organized and authorized to conduct business in the State of Florida, hereinafter referred to herein as Developer, whose address is 24301 Walden Center Drive, Bonita Springs, Florida 34134, by and through 'James P. Dietz, its Senior Vice-President, who has been duly authorized to execute this Contribution Agreement for Road Impact Fee Credits and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, hereinafter referred to as "County." RECITALS: WHEREAS, Developer is desirous of entering into a contribution agreement with the County which grants a credit for road impact fees, in exchange for land donations to the County's transportation network; and WHEREAS, Developer either has legal control over, or is the record title owner of certain lands described in Exhibit "A" (hereinafter referred to as "The Development") attached hereto and incorporated herein by reference, which upon development in the near future will be subject to the imposition of road impact fees; and WHEREAS, the parties acknowledge the value of the donated land is based upon a written appraisal of fair market value by qualified and professional appraisers acceptable to the County and based upon comparable sales of similar property between unrelated parties in a bargaining transaction with a date of value being the date immediately preceding the approval of the development order creating the contribution commitment in accordance with the provisions of Section 2.7.2.8.1, Collier County Land Development Code, a copy of said appraisal letter and certification of appraisal being attached hereto as Composite Exhibit "B," and WHEREAS, the term "road impact construction lands" refers to the land areas directly affected by the. road impact construction as defined in the Collier County Code of Ordinances sections pertaining to road impact fees; and WHEREAS, the Transportation Administrator will recommend to the Board of County ommissioners that the Proposed Plan for donation, as set forth in this Agreement, is in ~onformity with contemplated improvements and additions to the County's transportation network and that it will be advantageous to the public for Developer to donate certain land or have legal authority to effectuate the donation of certain land as described herein and in Exhibit . 80AII~ OF COo?,',, C0~#I~I011111~, ~ TO AGENDA, ~TED~ ~ ZT~. no. lb ~ g 16B6 ' "C" which comprise, among other things, roadway facilities that are required to be made pursuant to the Pelican Marsh Planned Unit Development Ordinance, a development order; and WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board has authorized the County Attorney to prepare this Contribution Agreement upon the Board finding that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's transportation system; c. The Proposed Plan is consistent with the public interest; and d. The proposed time schedule for completion of the Proposed Plan is consistent with the most recently adopted five-year capital improvement program for the County's transportation system; and WHEREAS, the Board of County Commissioners finds that the contributions contemplated by this Contribution Agreement are consistent with the County's existing comprehensive plan; and WHEREAS, the PUD Ordinance provides that: (A) Developer agrees to dedicate, or cause to be dedicated and deeded to the County the 275' wide road right of way required for that section of Livingston Road within the Pelican Marsh Community PUD boundaries, (referred to as the contribution or land donation). (B) The timing of the dedication shall be at the reqdest of County, and County shall be responsible for costs title in the of conveyance and Developer shall pay all recording costs. (C) Developer shall be entitled to impact fee credits for this dedication pursuant to Ordinance 92-22 and Section 380.06(I 6), Florida Statutes, (1995). (D) The value of the dedicated property shall be determined pursuant to Subsection 2.7.2.8.1 of the Collier County Land Development Code (the "LDC"). WHEREAS, this Contribution Agreement shall not be construed or characterized as a development agreement under the Florida. Local Government Development Agreement Act. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged between the parties, and in consideration of the covenants contained herein, the parties agree as follows: 2 o The above recitals are true and correct and shall be incorporated herein. 1686 ' In exchange for the land donation identified and contemplated in this Contribution Agreement as set forth in Exhibit "C," Developer shall solely be entitled to credits for road impact fees as more particularly described herein. o The amount of credits for road impact fees shall be determined according to the following standards of valuation: a. The value of any donated land shall be based upon current appraisals of fair market as of the time of the initial PUD zoning as set forth herein. A copy of said appraisals are attached hereto as composite Exhibit "B". b. No credit for lands, easements, construction or infrastructure otherwise required to be built or transferred to the County by law, ordinance or any other rule or regulation shall be considered or included in the value of any developer's contribution,, unless specifically set forth in the relevant law, ordinance, rule or regulation. Upon execution of this Contribution Agreement, additional work requested by the County beyond that contemplated in the description of and estimate of costs for contributions under this Contribution Agreement shall be paid for by the County and shall not be considered or included in the value of any Developer's contribution unless agreed to by the County. Claims to the impact fee credits identified under this agreement resulting from the Livingston Road Land Donation as set forth in Exhibit "C" hereto, shall be relinquished by the Developer and retained by the County, in the amount necessary to satisfy the developer's obligation under the Pelican Marsh PUD, Ordinance number 99-33, to pay for the cost of construction of the expansion of the Goodlette-Frank Golf Cart Overpass to six (6) lanes. The County has determined that the cost of constructing this expansion based upon a certified estimate of probable cost prepared by a professional engineer and attached hereto is $2,936,032.80. Developer shall pay an additional fifteen per-cent (15%) of these certified costs for the permitting and design of the expansion. The additional cost for design and permitting equals $440,404.92 for a total amount of $3,376,437.72. This estimate of probable cost has been approved by an engineer employed by the County's Department of Transportation. The County shall deduct the amount of road impact fee credits available to the Developer, pursuant to this agreement, from the amount of the estimate of probable cost in order to determine the amount of the Developer's remaining construction obligation. Pursuant to paragraph 7 below, there are insufficient impact fee credits available . to cover the cost of cons[ruction of the expansion of the Goodlette-Frank Golf Cart Overpass, therefore the Developer shall satisfy its obligation under the aforementioned PUD utilizing the method set forth in paragraph 5 below. o 10. 16}]6', Since there are insufficient road impact fee credits available from the Developer's Livingston Road land donation, as set forth herein, equal to the estimate of cost of constructing the Goodlctte-Frank Golf Cart Overpass expansion as set forth above, the Developer shall remit, within ninety (90) days from the date of execution of this agreement, the balance of $1,039,750.22 in cash or from accrued road impact fee credits within Road Impact Fee District One. In the event additional accrued road impact fee credits are used to satisfy the Developer's obligation, a written release shall be executed by the Developer within the ninety (90) day period set forth in this paragraph. The Developer shall cooperate with the County to accommodate roadway and structure drainage through the Pelican Marsh system to the extent of available capacity at no cost to the County. The amount of the road impact fee credits to be granted under this agreement for the Livingston Road Land Donation is $2,336,687.50. County agrees to design and construct, at its sole cost and expense in accordance with Developer's drainage plans, any County drainage improvements which require extensions beyond the Property being donated to necessary sources or outfalls situated on the Developer's or its successors' or assigns' adjacent lands, and further agrees to complete such construction within a reasonable period of time so as not to delay development on such lands and to the extent to which it is feasible will do so in accordance with Developer's plan. Developer will coordinate with the County to determine permanent outfalls for water management connections/extensions from the Property being donated to Developer's or its successors' and assigns' adjacent lands in a timely manner. Developer or its successors or assigns will convey to the County, within a reasonable time, after a request by the County, any easements required for drainage improvement extensions referenced in Paragraph 8 above, based upon locations approved by Developer and County. The developer must complete all construction work within the Livingston Road right of way conveyed under this agreement, associated with its golf cart path underpass, no later than March 1, 2002. This construction work shall include the following: a. Placement of the box culvert; b. Placement of the roadway embankment and all embankment treatments, such. as any retaining wall or any other construction to stabilize the embankment; c. Construction of the golf cart path; d. Placement of required utilities or casings to accommodate them. 4 11. 12. 13. 14. 15. 16. 17. 18. 16}]6 I Developer shall be responsible for all costs incidental to and resulting from the construction of the golf cart underpass, as set forth in Paragraph 10, on the donated property conveyed pursuant to this agreement. The Developer shall furnish to the County all documents necessary to insure that any real property required to be conveyed to the County from any other landowners, for the Livingston Road right-of-way, shall be free of any and all claims for road impact fee credits, based upon the value of the right-of-way conveyed. The Developer shall indemnify the County from any claims for road impact fee credits regarding the Pelican Marsh PUD obligations of the Developer. The failure of this Contribution Agreement to address any permit, condition, term, or restriction shall not relieve either the Developer or its successors of the necessity of complying with any law; ordinance, rule or regulation governing said permitting, requirements, conditions, or terms of restrictions. This Contribution Agreement shall be modified or revoked as is necessary to comply with all relevant State or Federal laws and regulatory requirements enacted after the execution of this Contribution Agreement that are applicable to and that may preclude the parties compliance with the terms of the Contribution Agreement. Except as otherwise provided herein, this Contribution Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by their successors in interest. The burdens of this Contribution Agreement shall be binding upon, and the benefits of the Contribution Agreement shall inure to, all successors in interest to the parties to this Contribution Agreement. The performance and execution of this Contribution Agreement shall be carried out in conformance with the Risk Management Guidelines established by the County's Risk Management Department for land use as more particularly described in Exhibit "D" attached hereto and incorporated herein by reference. Developer shall hold the County harmless and shall indemnify the County for and from any and all claims resulting from the use of the golf cart path and effluent pond easements conveyed by the County as identified in Exhibit "G" to this agreement. This Contribution Agreement shall be recorded by the County in the Official Records of Collier County, Florida within fourteen (14) days after the County, by its duly authorized Chairman, executes this Agreement. A copy of the recorded _docume.nt will be provided, to Developer. Any party to this Agreement shall have the ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Contribution Agreement, said remedy being cumulative within any and all other remedies available to the parties for enforcement of this agreement. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 1686 Developer certifies, by virtue of entering into this agreement, that all donations and contributions are consistent with the Collier County Comprehensive Plan. County agrees, to the best of its knowledge, that all donations and contributions are cOnsistent with the Collier County Comprehensive Plan. Developer certifies, by virtue of entering into this agreement, that Developer is the sole owner or has legal control of the donated lands. An attorney's opinion of title and a statement of Developer's authority to enter into this agreement are provided by Developer and are attached hereto as Composite Exhibit "E." Developer shall convey all lands free and clear of all liens and encumbrances, by warranty deeds, within thirty (30) days of the execution of this agreement and shall have presented to the Office of the County Attorney, prior to the execution of this agreement, the form and language of the deeds, as set forth in Exhibit "F'. The parties acknowledge that any land donation made pursuant to this agreement is an integral part of and a necessary accommodation to the Collier County transportation network. The Developer certifies, by virtue of entering into this agreement that any off-site improvements contributed, are an integral part of and a necessary accommodation to the County's transportation network. The off-site improvements, if any, exclude access improvements. The Transportation Administrator has determined that the proposed road impact fee credit plan is consistent with the public interest. Developer has provided an attorney's opinion first, setting forth the authority of the developer to cause the conveyance in fee simple of the entire land donation, and second, identifying any lien holders having asserted a lien or encumbrance on the donated land or other contribution, and provided a certificate of no liens. Said opinion is attached hereto as Exhibit "E." Developer has provided, in Exhibit "E", an attorney's opinion setting forth the legal authority and present validity of any business entity utilized by the developer in the execution of this agreement, including an affidavit listing the names and addresses of all partners, if a partnership, and stating that the entity is in full force dnd 'effect. -The parties acknowledge 'that any donation and/or contribution are characterized as work done and property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right of way. 30. The road impact fee credit granted shall only be for donations or contributions made to the transportation network to accommodate growth and which were made within the respective road impact fee district where the road impact construction is located. 31. The impact fee credits provided in this Agreement for Developer's land donation shall be a credit only against road impact fees and such impact fee credits shall not offset, diminish or reduce any other charges, fees or other impact fees for which the Developer, its successors and assigns are responsible in connection with the development of their lands. 32. 33. 34. The Developer shall provide to the County all necessary documents for closing within five (5) business days after approval by the Board of County Commissioners, including any agreements requested by the County, evidencing the golf cart path underpass and the effluent storage pond easements as set forth in Composite Exhibit "G", including a drawing of the location of each. The amount of available road impact fee credits shall be set forth in Exhibit "H" and all claims to these credits shall be relinquished to the County by Developer. The parties agree to the sum of $2,936,032.80 as the amount of the certified estimate of probable cost for the construction only of the expansion of the Goodlette-Frank Golf Cart Overpass to six (6) lanes as set forth hereto in Exhibit 'T' to this agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. BOARD OF COUNTY COMMISIONERS COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA JAMES Ph.D., Chairman 1686 STATE OF FLORIDA COUNTY OF ~ The foregoing instrument was acknowledged before me this., day of ~j--J~,~u,,t4,~f , 2001, by James P. Dietz, Senior Vice-President of WCI Communities, Inc., a Delaware corporation. On behalf of the corporation and limited liability company. He is [O,]~ersonally known to me, or [ ] has produced driver's license no. as identification. (SEAL) ~'~'co~mo~ ~&_ ' NOTARY PUI~LIC Name: (Type or Print)~ My Commission Expires: Approved as to form and legal sufficiency: {'J, alcq. ueli~[e Hubbard Robinson ' ""'"" k~/ssistant County Attorney 1686 LIST OF EXHII~ITS ATTACHED TO AGREEMENT Exhibit "A" - - Description of Lands owned by Developer Exhibit "B" - - Arcon Appraisal Letter and Certification and Kenneth R. Devoes Appraisal Letter and Certification Exhibit "C" - - A legal description and drawing of Land Donation Exhibit "D" - - A copy of the Risk Management Guidelines applicable to this Agreement Exhibit "E" - - An Attorney's Opinion of Title and other matters Exhibit "F" - - The Warranty Deeds Exhibit "G" - - A legal description and drawing of the two existing easements for golf cans and drainage Exhibit "H" - - The Road Impact Fee Credit Ledger Exhibit 'T' - - Certified Estimate of Cost 9 1686 LEGAL DESCRIPTION PELICAN MARSH, being approximately 2214 acres, more or less, is legally described as follows: BEGINNING at the southwest corner of Section 27, Township 48 South, Range 25 East, Collier County, Florida; thence along the west line of said Section 27 and the easterly right-of-way line of U.S. 41 North 00038'20'' West 2623.40 feet to the west ~ comer of said Section 27; thence continue along the west line of said Section 27 and said right-of-way North 00039' 12" West 827.69 feet; thence leaving said line North 89°20'45" East 3844.57 feet to the westerly fight-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public Records of Collier County, Florida; thence along said westerly fight-of-way line in the following four (4) described courses; 1) South 05034'48'' East 3545.96 feet to the south line of said Section 27; 2) South 05°33'10'. East 2642.17 feet; 3) southerly 620.87 tbet along the arc of a circular curve concave westerly having a radius of 2799.93 feet through a central angle of 12042' 18" and being subtended by a chord which bears South 00047'59'' West 619.60 feet; South 07°09'08" West 1675.64 feet to the boundary line of the plat of Pine Ridge Second Extension as recorded m Plat Book 10, page 86 of the Public Records of Collier County, Florida;. thence along the boundary of said Pine Ridge Second Extension in the following eight (8) described courses: 1) South 89°50'58'' West 88.21 feet; 2) North 31034'00'' West 120.19 feet; 3) North 05°37' 10" West 956.47 feet; 4) South 74°46'39,, West 379.98 feet; 5) South 12°04'43' East 23.53 feet; 6) South 87°09'43" West 272.40 feet; 7) northwesterly 1854.46 feet along the arc ora non-tangential circular curve concave southwesterly having a radius of I640.26 feet through a central angle of 64°46'40'' and being subtended by a chord which bears North 48°50'02' West 1757.26 feet; 1-1 OR: 2773 PG: 1600 8) North 81°13'22" West 737.85 feet; thence leaving said plat boundary North 00o03'39" West 707.85 feet; · ence South 89033,32, East 336.81 feet; thence North 00°26'28. East 180.64 feet; thence northerly 37.60 feet along the arc of a circular curve concave easterly having a -radius of 130.00 feet through a central angle of 16°34'19" and being subtended by a chord Which bears North 08°43'37. East 37.47 feet; thence North 17°00,47. East 181.41 feet; thence northwesterly 654.92 feet along the arc of a ~ curve concave southwesterly having a radius of 395.00 feet through a central angle of94o59~52,, and being subtended by a chord which bears North 30°29'09, West 582.44 feet thence Notch 77059'05'' West 144.30 feet; thence northwesterly 418.87 feet along the arc of a circular curve concave northeasterly having a radius of 800.00 feet through a cenu~ angle of 29o59,57,, and being subtended by a chord which bears North 62o59'06. West 414.10 feet; thence North 47o59'08'' West t00.03 feet; thence westerly 615. I8 feet along the arc of a circular curve concave southerly having a radius of 826.09 feet through a central angle of 42°40'04" and being subtended by a chord which bears North 69°19'10. West 601.07 feet; thence South 89020'48" West 204.55 feet to the west line of said Section 34, and the east right-of-way line of U.S. 41; thence along said line North 00039'20" West 665.92 feet to the Point of Beginnir~g;' LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book 22, pages 88 through 89 Public Records of Collier County, Florida, being more particularly described as follows: BEGINNING at the northwesterly corner of said Pelican Marsh Unit Five; thence along the boundary of said Pelican Marsh Unit Five SoUth 89o33,32. East 306.56 feet to a poinf on the west line of Tract WF-1 (Drainage ~asement) according to the Plat of Grand Isle at Pelican Marsh, Plat Book 24, pages 67 through 70, Public Records of Collier County, Florida; thence along said line South 00°00'00" East 481.17 feet to a point on the north line of Tract "B' (Vanderbilt Beach Road) according to the Pht of Pelican Marsh Unit Five, Plat Book 22, pages 88 through 89, Public Records of Collier County, Florida; thence sOUthwesterly 306.37 feet along the arc of a non-tangential circular curve concave to the southeasz, having a radius of 2430.00 through a central angle of 07°13'26' and being ~bteadeg by a chord whickbears South 88°15'16. West 306. i7 feet to a point on the boundary of said Pelican Marsh Unit Fibre; thence along said line North 00°03'39" West 492.87 feet to the POINT OF BEGINNING of the parcel herein described; Containing 3.40 acres more or less. Subject to easements and restrictions of record. 1686 ': Bearings are based on the north line of said Pelican Marsh Unit Five being South 89°33'32" East. Containing 573.98 acres more or less. Subject to easements and restrictions of record. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida., being more particularly described as follows: Commencing at the west ¼ corner of said Section 27; thence along said west Iine North 00°39' 12' West 827.69 feet; thence l~aving said lin~ North 89°20'45" East 577.78 feet to the Point of Beginning of the parcel herein described; thence North 57°47'59" East 46.92 feet; thence North 68°35'21" East 110.88 feet; thence North 00°39'12" West 187.52 feet; thence North 77°43 '40" East 573.08 feet; thence South 72°59'03" East 785.48 feet; thence South 00°39'15" East 27.71 feet; thence North 89020'45" East 503.78 feet; thence South 00°39'15" East 100.64 feet; thence South 89020'45" West 1957.22 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 9.5 acres more or less. Bearings are based on the west line of said Section 27 as being North 00039, I2" West. AND LESS THE FOLLOWING THREE (3) DESCRIBED PARCELS: All that part of Section. 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west one quarter corner Section 27, Township 48 South, Range 25 East; thence along the west line of said Section 27 North 00°39' 12' West 827.69 feet; thence leaving said Section line North 89°20'45'' East 55.00 feet to the Point of Beginnin2 of the area thereon descri[~; thence North 89°20'45" East 366.45 feet; thence South 00°39'15" East 34.09 feet; thence 'southeasterly 47.35 feet aic~ng the arc of a non-tangenti~ circular 0arve concave southwesterly having a radius of 70.00 feet through a central angle of 38°45'23' and being subtended by a chord which bears South 64°19'09' g~st 46.45 feet to a point of compound curvatttre; 1-3 cz> radius which thence .thence radius which thence thence thence southerly 259.53 feet along the arc of a circular curve concave westerly having a radius of 197.21 feet through a central angle of 75~4'06' and being subtended by a chord which bears South 07°14'23" East 241.20 feet to a point of reverse curvature; thence southerly 151.40 feet along the arc of a c~ curve concave easterly having a radius of I30.00 feet through a central angle of 66043'37" and being subtended by a chord Which bears South 02°54'07'' East 142.99 feet to a point of reverse curvature; southerly 120.22 feet along the arc of a circular curve concave westerly having a of 70.00 feet through a cennaI angle of 98°24'12" and being subtended by a chord bears South 12°56'10' West 105.98 feet; south 62.008. 16" West 75.07 feet; southerly 48.75 feet along the arc of a circular curve concave easterly having a of 30.00 feet through a central angle of 93o06' 13~ and being subtended by a chord bears South i5°35'10. West 43.56 feet; South 30°57 '58" East 34.79 feet; southerly 19.94 feet along the arc of a circular curve concave westerly having a of 80.00 feet throngh a central angle of 14°16'43'' and being subtended by a chord bears South 23°49'37. East 19.89 feet; along a non-tangential line South 84013. 14" East 158.41 feet; South 80055'24.. East 183.78 feet; radius which thence thence thence South 81°52'51" East 180.90 feet; thence South 00°00'00,' East 261.28 feet; thence North 90000'00" West 394.57 feet; thence' North 00°00'00' East 271.73 feet; thence North 84013' 14" West 120.32 feet; thence South 33005'40" West 54.13 feet; thence South thence North thence North thence North thence North thence Nort~ 76°56'51" West 89.04 feet; 58°35'21' West 65.19 feet; 15°31 '55" West 74.80 feet; 00°41'41" West 115.24 feet; 28022'47" East 171.51 feet; 17°iI'45" West 106.79 feet; thence North 13o02'52' East 28.51'feet; thence North 73°36'14' West 54.78 feet; thence South 49016'08' West 112.78 feet; thence South 89047'08' West 53.08 feet; thence North 58006'49'' West 50.49 feet; thence-North 00°39'12. West 303.49 feet to the Point of Beginning of the area herein described. Containing 7.8 acres more or less. Subject to easements and reslxiedons of record. Bearings are based on the west line of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being North 00°39'12" West. 1-4 16}]6 All that part of Section 27, Township 48 South, Range 25 East, Coil/er County, Florida being more particularly' described as follows: Commencing at the west ¼ corner of said Section 27; . thence along said west line North 00o39,12" West 827.69 feet; thence leaving said line North 89020'45" East 2469.55 feet to the Point of Beginning of the parcel herein described; thence continue North 89020'45' East 787.88 feet; thence South 84o45,32,, West 23.43 feet; thence South 74'56'42" West 121.32 feet; thence South 79o49,51, West 45.93 feet; thence westerly 45.51 feet along the arc of a tangential circular curve concave to the north having a radius of 66.00 feet through a central angle of 39o30,16. and being subtended by a chord which bears North 80°25,01, West 44.61 feet to a point of reverse curvature; thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the south having a radius of I50.00 feet through a central angle of 20oi2,57- and being subtended by a chord which bears North 70o46,21, West 52.65 feet; thence Nordi 80o52,50,, West 36.59 feet; thence westerly 46.17 feet along the are of a tangential circular curve concave to the south having a radius of 80.00 feet through a central angle of 33~34'13" and being subtended by a chord which bears South 82o35,04" West 45.54 feet to a point of reverse curvature; thence westerly 38.16 feet along the arc of a tangential circular curve concave to the north having a radius of 60.00 feet through a central angle of 36o26,18" and being .subtended by a chord which bears South 84o16,06,, West 37.52 feet to a point of reverse curvature; thence westerly 68.84 feet along thc are of a tangential circular curve concave to the south hav~g a c,,d...: of 305.00 feet through a ceatra2 angle of 12°55,58, and being subtended by a chord which bears North 83o58,44. West 68.70 feet; thence South 89°33' 17" West 18.36 feet; thence South 89o39,11- West 71.63 feet; thence North 89 .~5 03 W..s, 36.03 feet; thence South 86°06,33, West 42.94 feet; thence South 83o44,08, West 26.23 feet; thence South 51o01 '05" West 27.49 feet; thence South 33025,42" West 19.95 feet; thence South I5O39,57,, West 20.54 feet; thence South 10o54,31, West 34.64 feet; theoce Soutl;t 89020'06" West 1-01.06 feet; thence North 10045,58" East 101.42 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 0.48 acres more or less. Bearings are based on the west line of said Section 27 as being North 00o39, 12" "~test. 1-5 1686 OR: 2773 PG: 1604 All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencin~ at the west ¼ corner of said Section 27; thence along said west line North 00°39'12" West 827.69 feet; thence leaving said line North 89°20'45" East 3401.12 feet to the Point of i~eginnlnE of the parcel herein described; thence continue North 89°20'45" East 443.43 feet; thence South 05°34'48. East 147.72 feet; thence South 89°20'45" West 51.56 feet; thence North 23°56'01" West 13.07 feet; thence northerly 30.72 feet along the arc of a tangential circular curve concave to the east having a radius of 80.00 feet through a central angle of 21°59'53' and being subtended by a chord which bears North 12°56'04" West 30.53 feet; thence North 05°01'01" West 31.56 feet; thence North 36°19'27" West 32.02 feet; West 35.11 feet; West 32.53 feet; West 97.78 feet; West 45.79 feet; West 132.77 feet; West 37.23 feet to the Point of Beginning of the parcel her~in Subject to easements and restrictions of record. Containing 0.30° ~res more or less. Bearings are based on the west lin~ of said Section 27 as being North 00°39'12, West. thence North 56°04'43" thence North 80°39'23" thence North 88°39'20'' thence North 86004'48'' thence North 89"49'56" thence North 69°40'18" described. AND TOGETHIqR WITH THE FOLLOWING DESCRIBED PARCEL: Beginning at the northwest corner of said Section 35; thence along the north line of said Section 35 North 89°45'35" East 5231.69 feet to the west right-of-way line of Air pon-Pulling Road (C.R. 31); thence along said westerly right-of-way line South 00°31'47" East 5258.3I feet to the south line of said Section 35; thence along said south line South 89°39'22" West 2541.65 feet to thc south ¼ corner of said Section-35;. .- thence continue along said south line South 89°39'32" West 2641.33 feet to the southwest corner of said Section 35; thence along the south linc of said Section 34 South 89°51'02" west 391.57 feet to the boundary llne of a parcel described in O.R. Book 524, page I21 of the Public Records of Collier County, Florida; thence along the boundary of said parcel North 01°03'33" West 295.29 feet; 1686 OR: 2773 PG: 1605 thence continue along the boundary of said parcel South 89°51 '02" West 443.28 feet to the easterly right-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58 of the Public Records of Collier County, Florida; thence along said easterly right-of-way line North 07~Y9'08" East 1729.52 feet; thence continue along said easterly right-of-way line northexly 649.69 feet along the arc of a circular curve concave westerly having a radius of 2929.93 feet through a central angle of 12°42'18'' and being subtended by a chord which bears North 00047'59" East 648.37 feet; thence confin-e along said fight-of-way line North 05°33'10, West 2628.44 feet to a'point on the north line of said Section 34; thence leaving .said fight-of-way line and along the north line of said Section 34 South 89°31 '31" East 772.91 feet to the Point of Beginning. Containing 708.39 acres more or less. Subject to easements and restrictions of record. AND TOGETHI~ WITH THE FOLLOWING DESCRIBED PARCEL Beginning at the northeast corner of said Section 36; thence along the east Iine of said Section, South 02o12'03" East 2671.63 feet to the east ¼ comer of said Section 36; thence continue along the east line of said Section 36 South 02006'28" East 2519.08 feet to a point on the northerly right-of-my line of Vanderbilt Beach Road; thence along said northerly right-of-way line North 89039'39" West 2855.35 feet; thence continue along said line North 89°43'59'~ West 2544.87 feet to a point on the easterly right-of-way line of Airport-Pulling Road (C.R. 3I); thence along said easterly right-of-way line North 00°31'47, West 4490.03 feet to ~he southwest corner of the east 15 feet of the west 115 feet of the south 80 feet of the north 619.49 feet of said Section 36; thence 'along the south line of said land North 89°27'57" East 15.00 feet; thence along the east line of said land North 00o31'47'' West 80.00 feet; thence along the north line_ of said]and South 89°27'57" West 15.00 feet to the east right-of- way line of Airport Road (C.R. 31); thence along said right-of-way North 00°3I'47" West 539.49 feet to the north line of said Section 36; thence along said north line North 89o27'57" East 3914.28 feet to the southwest comer of the east '~ of the east ,,~ of said Section 25; thence along the west line of the east ~/~ of the east ~/~ of said Section 25 North 01°54'09" West 266.8..19 feet; thence continue along the west line of the east ~/~ of the east ~/~ of said Section 25 North 01°57'16" West 2567.06 feet to a-point on the southerly right-of-way line of Immokalee Road (C.R. 846); thence along said right-of-way North 89°14'36'' East 1325.57 feet to the east line of said Section 25; thence along said east line of Section 25 South 02°06'59" East 2569.75 feet to the east ¼ comer of Section 25; 1696 OR: 2773 PG: 1606 thence continue along said east line of Section 25 South 02°00'46" East 2670.97 feet to the Point of Beginning. Containing 789.67 acres more or leSs. Subject to easements and restri~ous of record. Bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment, the north .line of Section 35, being North 89°45'35, East. ANI) TOGETHER WITH THE FOLLOWING DESCRIBED PARCKI.q WITHIN SEC'rlON 31, TOWNSHIP 48 Sou'rH, RANGE 26 EAST, COI]'I~R COUNTY, FLORIDA: Parcel I: N i~ of the SE ¼ of the SW 'A of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel II: S ',5 of the NE ¼ of the SW ¼ of Section 31, Township 48 South, Range 26 East, Collier Couu~, Florida. Parcel III: N ~,5 of theSW ¼ of the NW ¼ of Section 31, Towmhip 48 South, Range 26 East, Collier County, Florida. Parcel IV: S '~ of the SW ¼ of the NW ¼ of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel VI' N ~,4 of the SW ¼ of the SW ¼ of Section 31, Township 48 South, Range 26 East, Colliex Couuty, Florida. Parcel VII: NW ~ of the SW ¼ of Section 31, Township 48 South, Range 26 F~t, Collier Coumy, Florida. 1.3 Parcels I, II, rtl, IV, VI and VII contain a total of 141.61 acres, more or leSs. Total parcel contains 2214 acres, more or less. PROPERTY OW'NF_,Rb~ The subject property is currently under the equitable ownership or control of WCI Communities, Inc., whose address is 24301 Walden Center Drive, Bonita Springs, Florida 34134. OR: 16B6 2773 PG: 1607 COMPLETE APPRAISAL IN S~Y FORMAT OF CONVEYANCE OF LIVINGSTON ROAD RIGHT-OF-WAY CONSISTING OF 64.77 ACRES FROM THE PELICAN MARSH PUD 95-4 COLLIER COUNTY, FLORIDA PREPARED FOR: THOMAS E. CONRECODE WCI COMMUNITIES 24301 WALDEN CENTER DRIVE BONITA SPRINGS, FL 34134 4306 Amold Avenue 'Naples, Florida 34104-3396 941.643.6888 Fax: - 941.943.6871 E-mail: ~'conOnaples.infl.net EFFECTIVE DATE OF VALUATION: jANUARY 23, 1995 DATE OF REPORT: JANUARY 2, 2001 ARCON FILE NUMBER: 20004449 January 2, 2001 AR£ON OR' 2773 PG: 1608 16116 Thomas E. Conreeode WCI Communities 24301 Walden Center Drive Bonita Springs, FL 34134 Re: A RetrOspective (January 23, 1995) Complete Appraisal - SUmmary Report, Of Conveyance Of Livingston Road Right-Of-Way Consisting Of 64.77 Acres (a 275' wide by 10,260' long right of way dedication) from the Pelican Marsh PUD 95-4 Being Located In Collier COunty, Florida ARCON File No. 20004449 Dear Mr. Conrec°de: At your request, we have appraised the above referenced real estate. The purpose our appraisal was to estimate the retrospective market value of the fee simple estate for the above referenced real estate as of January 23, 1995. As such, this valuation is predicated upon the economic conditions and market performance that existed as of this retrospective date. The appraisal report was prepared on January 2, 2001 The analyses, opinions, and conclusions were developed, and this appraisal report has been prepared, in strict compliance with the Uniform Standards of Professional ,'lppraisal Practice (USPAP). The report has been written to conform to the USPAP requirements for a Summary report. Based on our analysis, it is our opinion that the market value of the subject property "as was" on January 23, 1995 was: 64.77:t: Acre Livingston Road ROW, JANUARY 23, 1995: .......................... $2,753,000 We trust the appraisal is completed in sufficient detail to accomplish its intended use. Please call if you need further assistance. ~~~7,~1 o~n~¢r RZ. #0000490 ' 4306 Arnold Avenue, Naples, Florida 34104-3396 941.643.6888 Fax: 941.643.6871 E-mail arcon@naples.infl.net I certify OR: CERTIFICATE 'OF APPRAISAL that, to thebest of my knowledge and belief: The statements of fact contained in this. report are true and correct. 2773 PG: 1609 1686 The reported analyses, opinions, and Conclusions are limited only by the reported assumptions and limiting conditions, 'and are my personal, impartial and unbiased professional analyses, opinions, and conclusions. I have no (or the specified) present or prospective interest in the .property that· is the subject of this report, and no (or the specified) personal interest or bias with respect to the parties involved; any specified interest or bias has not affected the impartiality of my opinions and conclusions. - My engagement .in this assignment was not contingent' upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. - My analyses, opinions, and conclusions were developed and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. - I, Carlton J. Lloyd have made a personal inspection of the property that is the subject of this report. I, Julian L. H. Stokes, MAI, CRE, CCIM have not made a personal inspection of the property that is the subject of this report. No one has provided significant professional assistance to the person (s) signing this report. My reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal Institute. I certify that the use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. - As of the date of this report, Julian L. H. Stokes,. MAI, CRE, CCIM and Carlton J Lloyd have completed the requirements of the continuing education program of the Appraisal Institute and the State of Florida. - Julian L. H. Stokes, MAI, CRE, CCIM is currently a State Certified General Real Estate Appraisers, as set forth in Florida Real Estate Appraisal License Law S. 475'II. Carlton J. Lloyd is currently a State Registered Assistant Real Estate Appraiser as set forth in section 475.501, Florida Statutes. The preceding certification is in accordance with the Uniform Standards of Professional Appraisal Practice, USPAP 2001 Edition; Standard Rule 2-3 dated January 1, 2001 and with the Appraisal Institute's Supplemental Standards of Professional Practice, effective July 31, 1999. This' apP~ ,ut b,~t-on a requested minimum valuation, a specific valuation, or ~ Julian L.~ I. Stokes~"~AI, CRE, CCIM fl. carlton/~.~d~o~l~ General K.E. Appraiser RZ. #00004y Statc-RePaj~ered R.E. Apprniser RI./10005128 16B6' i OR: 2773 PG: 1610 APPRAISAL OF VACANT LAND LOCATED IN SECTIONS 25 & 36 TOWNSHIP 48, RANGE 25 NAPLES, COLLIER COUNTY, FLORIDA PREPARED FOR: COLLIER COUNTY REAL PROPERTY MANAGEMENT DEPARTMENT 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 ATTN: MR. KEVIN HENDRICKS REQUESTED BY: MR. KEVIN HENDRICKS DATE OF APPRAISAL: JANUARY 23, 1995 PROJECT NUMBER: 2000-7 PREPARED BY: KENNETH R. DEVOS, MAI, SRA 6309 CORPORATE COURT, SUITE 208 FORT MYERS, FLORIDA 33919 STATE CERTIFIED GENERAL APPRAISER 0000703 6309 CORPORATE COURT, SUITE 208 FORT MYERS, FLORIDA 33919 (941) 437-2245 PAGER (941) 489-8481 FAX (941) 437-225 Email: kenl d~iline.com July 19, 2000 Mr. Kevin Hendricks Collier County Real Property Management Department 3301 E. Tamiami Trail Naples, Florida 34112 Appraisal of Vacant Land Pelican Marsh Collier County, Florida Dear Mr. Hendricks: In accordance with your request, I have made an appraisal of the land more specifically described in the body of this report for the purpose of estimating the market value of the fee simple interest in the land listed within the report. By Market Value is meant the most probable price in terms of money that a property should bring in a competitive and open market under all conditions requisite to a fair market sale; the buyer and seller, each acting pmdemly, knowledgeably and assuming the price is not affected by undue stimulus. The site is valued based upon its "as is" condition as of the day before approval of the PUD under which it now is being developed. The function of this report is to serve as the basis for estimating compensation to the owners in the form of development credits. This is a complete appraisal report, premised upon the Special Limiting Condition presented within the report. The date of the value estimate is January 23, 1995, which was the day prior to the approval of the Pelican Marsh PUD. I have thoroughly analyzed the physical, sociological, economic, and governmental factors which influence the property's value. Based on my investigation and analyses, it is my opinion that the market value of the fee simple interests of the property to be acquired, plus damages to the remainder, if any, was: I · TrWO'MILLION TWO HUNDRED TWO THOUSAND DOLLARS ($2,202,000) The following pages present the data and discussions which form the basis fo~ our value conclusions. REAL ESTATE APPRAISERS & CONSULTANTS LETTER OF TRANSMITTAL PAGE TWO OR' 2773 PG: 1612 1686 Information and statements furnished to the appraisers and contained in this report were obtained fi.om sources considered to be reliable and believed to be true and correct. However, no responsibility for the accuracy of such items furnished the appraiser can be assumed by the appraiser. Disclosure of the coments of this report is governed by the By-Laws and Regulations of the professional appraisal organizations with which the appraiser is affiliated. Neither all hor any part of the contents of this report or copies thereof shall be used for any purpose by anyone but the client specified in this report. To the best of my ability, the analysis, opinions and conclusions were developed and the report was prepared in accordance with the standards and report writing requirements of the Appraisal Institute and USPAP. This appraisal is also subject to the underlying assumptions and contingent conditions contained in the attached report. I appreciate this opportunity to have been of service to you. If you have any questions with regard to this matter, please let me know. Respectfully submitted, Kenneth R. Devos, MAI, SRA State-Certified General Appraiser 0000703 REAL ESTATE APPRAISERS & CONSULTANTS CERTIFICATE OF VALUE , ., tothe ofmyk.ow,edgeandbe,,e that: OR: 2773 PG: 1613 ,. 1686 2. ~e r~n~ a~ly~, ~io~, ~ ~nclu~o~ am i~A~ o~y ~ ~e r~ ~mpfio~ ~d limiting ~nditio~ a~ are ~ ~nal, unbi~ pm~io~l a~ly~ op~o~, and ~nclusio~. ! have no present or prospective int~=,i in the prope~y that is the subject of this r~on, and i have no personal interest or bias with respect for the parties involved. My compensation is not contingent on an action or event resulting bom the analyses, opinions, or conclusions that were developed. My analyses, opinions, or conclusions were d~veioped and this report has been prepared in conformity with the requirements ofthe State of Florida for slate-certified appraisers. The use of this report is subject to the requi~ments of the State of Florida relating to review by the Real Eslate Appraisal Subcommittee of the Florida Real Estate Commission. I have made a personal inspection of the propen*y that is the subject of this report and I have afforded the property owner the opportunity, to accompany me at the time of the inspection. I have also made a personal field inspection ofthe comparable sales relied upon in making this appraisal. The subject and the comparable sales relied upon in making this appraisal were as represented by the photographs contained in this appraisal. 8. No persons other than those named herein provided significant professional assistance lo the person sigaing this report. 9. I understand that this appraisal is to be used in connection with funding of the purchase pace by the State of Florida. 10. This appraisal has been made in conformity with the appropriate Slate laws, regulations, policies and procedures applicable to the appraisal of property; and, to the best of my knowledge, no portion of the property value entered on this certificate consists of items which are non- compensable under the established law of the Slate of FIorida. I1. I have not revealed the findings or results of this appraisal to anyone other than officials of Collier County Real Property Management Depamnent and ! will not do so until so authorized by Collier County. officials or until 1 am required by due process of law, or until I am released from this obligation by having publicly testified as to such findings. 12. Statements supplemental to this certificate, as required by membership or candidacy in a professional appraisal organization, am dmcn3ed on an addendum to this certificate and, be reference, are made a part hereof. Based upon my independent appraisal and the exercise of my professional judgment, my opinion of thc market value of the property appraised as of the 23rd day of January, 1995, is: Two Million, Two Hundred Two Thousand Dollars. Madder value should be allocated as follows: LAND $2,202.000 IMPROVEMENTS: $ -0- NET DAMAGES &/OR COST TO CURIE $ -0- TOTAL $2.202,000 LAND AREA 64.77 acres CODE (1234) UVttP PROPERTY TYPE CODES I. R-Rural 3. H-(Home) Residence U-Urban B-(Business) Commercial 2.1-1mproved F-(Faetory) lnduslrial V-Vacant S-Special Purpose 4. P-Partial W-Whole K~NNETH IL~DE¢0S~ MAI, SRA Slate-Certified General Appraiser #0000703 11 CERTIFICATE OF APPRAISAL I certify that, to the best of my knowledge and belief,... OR: 2773 PG: 1614 16136 the statements of fact contained in this report are true and correct. the reported analyses, opinions, and conclusions are limited only by the reported Assumptions and Limiting Conditions and are my personal, unbiased professional analyses, opinions, and conclusions. I have no present or perspective interest in the subject of this report and I have no personal interest of bias in respect to the parties involved. compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. my analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal Institute. the use of this report is subject to the requirements of The Appraisal Institute relating to review by its duly authorized representatives. As of the date of this study, I, Kenneth R. Devos, MAI, SRA, have completed the requirements of the continuing education program of the Appraisal Institute. I, Kenneth R. Devos, MAI, SRA, have made a personal inspection of the properties which are the subjects of this study. Kenneth R. Devos, MAI, SRA State-Certified General Appraiser 0000703 OR: 2773 PG: 1615 PROJECT: NO. 62061 PROJECT PARCEL NO: %gl-, TAX PARCEL NO. SECTION ,56, TOWNSHIP 48 SOUTH, RANGE COLLIER COUNTY, FLOR~DA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEY) (SEE SHEET 5 OF 5 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL,) MA TCHLINE SEE SHEET 2 QF 5 I 25 EAST N '~~NORTHERL y RIGHT-OF-WA y LINE VANDERBIL T BEACH ROAD ~_~NSION I_ ~ LINE OF SECTION 56, BASELINE PI = TWP. 48 S,, RGE. 25 E. 416+28.74 o 0 + SCALE: 1" = 250' 0 275' o L~ 0 + 0 F.... _ __~75.75. S 89'J9'J9" E f N 02'05'57" 150.15 P.O.B. ~ NOR THERL Y RIGH T- OF- WA Y LINE q5o' w~or ~.o.w.) ~ ~ SOU[~ LINE OF- ~EC[ION 51, ~.0. . tWP. 48 S., ~G~. 26 SOUTHWESTERLY C.O,~-NE~ O~' SECTION 31, }-Kfc.'. 43 S., RGE~ BEARINGS ARE BASED ON THE WEST LINE OF THE SOUTHWEST QUARTER OF / SECTION 31, TWP. 48 BEING N 02'05'57" W. ,,m~T~ ~r - PREPARED BY: ~HIBIT .,, ~/--;~7' 7 Ol: 5 nnnn NO~ BY: · .....~. ~ -c- /~ _ __ ~~ SCALE: 1" = ...... RUNDAGE.~. ~ DRAWN BY:~ DAT~N. 12. 2OO1 P~fessiona] engineer, planne~, ~ land su~eyors c.m.. co~: ~ =GO, 7~ T~ W~, .0~; N...., ~ ~,o8 CHECKED~:~ PROJECT NO.: 78~1 ~. co~: ~ ~o~, ,,. a..~ ~, .o~ ~., ~ ~., (~)~-~,~, FILE NO: /~05 ACAD NO: -~v~ .~-~ A 1686 OR: 2773 PG: 1616 PROJECT: NO. 62061 PROJECT PARCEL NO: TAX PARCEL NO. SECTION Z6, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEY.) (SEE SHEET 5 OF 5 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL,) MATCHLINE SEE SHEET 5 OF 5 , I I PROPOSED ,. ['- I ~ DRAINAGE I LOWELL L. LADEWIG I o~ EASEMENT I (O.R. 2341, PG. 451) ,o WEST 50' ~ I SCALE: 1" = 250' ~ ~ o I , , , o I~ ~ · ,~ ~ + I - ST ONE-QUARTER SECTION LINE ~ ~ I EAST-WEST ONE'-QUARTER '1~ ~ ~ ~ SECTION LINE I MA TC~UNE SEE SHEET ~ OF 5 BEARINGS ARE BASED ON THE WEST LINE OF THE SOUTHWEST QUART2'R OF SECTION ~1. TWP. 48 S.. PGE. 26 E.. AS BEING N 02'05'57" W // PREPARED BY: __~ ~ , S~ET ~ OF 5 . ....... · ..-.- ~.~,oL,, ,.~.., ~,o. ''''"~ SCALE:L~/~~;'~ ~O' ~~u~Ac~,.,. DAT~: Profe,,ional engineem, planners, & land ,u~eyors DRAWN ~:/AN JAN. 12. 2001 com, co~: ~ ~. ~ T~ ~. ,~: N,,~,,. ~ ~oe (,,m,~-~m CHECK~Y: WDA PROJECT NO.: 7841 c.~.~ ~ *u~o~..o..o.. ~ ~ .~ n .. ~, (.~H~o~ FILE ~ 7805 ACAD NO: 7805-1B 1686 OR: 2773 PG: 1617 PROJECT: NO. 62061 PROJECT PARCEL NO: ~,~-- TAX PARCEL NO. SECTIONS 56 AND 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEY) (SEE SHEET 5 OF 5 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL) MA TCHLINE SEE SHEET 4 OF 5 N ~ ..Iz I ~ 250' TWP. 48 S., RGE. 25 E. t + ~ I o ~T~. 48 S., RGE. 26 E. T~. 48 S., RGE. 25 E. ~ 0 T~. 48 S., RGE. 26 E. ~ ~ ~ + -- I ~ ~ HAR~Y ROSENMAN, MICHAEL o b ROSENMAN, ALICE McNEESE ~ ~ ~ ~ AND J. DUDLEY GOODLE~ ~ m ~ . .R. 2216, PG. 1296) ' ~ ] I~ ~ ~ (O.R. 2249, PG. 1327) ~ , ~ ~ ~ (O~ERSHIP SUBJECT TO CURR~NT Of ED OF z ~ ~ + ~.. O~ ~ ~ ~ ~= 0 ~ ~9 ~ ~. ~, ~SE~D FOR PUBLIC RIGHmOF-WAY) ~ ~ ~ ~ LOWELL L. LADEWlG ~ I I , ' '~ m (o.~. 23~t. ~A TCHLINE SEE SHEET 2 OF 5 BEARINGS ARE BASED ON THE WEST LINE OE THE SO~TH~ST QUARTER SECTION 3L TWP. 48 5., RGE. 26 ~., AS SEING N 02'05'~7" W. PREPARED BY: - ; , /~HEET 3 OF 6 iiiir ~ ~ ~ REVISION: / / IIII~ ~~ -~~ ~WA~E~ AGNOLI, R S M. NO. 5555 IIIII ~ / . . , DRAW Y: qAN DATE: JAN, 12. 2001 ~. co~: ~ ,o,. ,,,~ ~,~ ~..~. ,o, ~. ~ ~, (~)~!-~l~ FI NO' 7803 ACAD NO' 7~0~-1C ~- .. Iz I ~ ~ ~ I(a SCALE: 1" = NORTH LINE OF SECnON 36, ~ NORTH LINE OF SECnON T~. 48 S., RGE. 25 E. 0 T~. 48 S., RGE. 26 E. ~ ~ ~ + -- o b ROSENMAN, ALICE McNEESE ~ ~ ~ ~ AND J. DUDLEY GOODLE~ ~ m ~ .R. 2216, PG. 1296) - ~ ] I~ ~ ~ (O.R. 2249, PG. 1327) ~ , g ~ ~ (O~ERSHIP SUBJECT TO CURR~NT OEEO OF O~ ~ ~ ~ ~= 0 ~ ~ ~ =. ~, RESER~D FOR PUBLIC RIGHT-OF-WAY) ~ ~ ~ ~ LOWELL L. LADEWlG OR: 2773 PG: 618 PROJECT: NO. 6:~061 PROJECT PARCEL NO: \~ TAX PARCEL NO. SECTION 25, TOWNSHIP 48 SOUTH, RANGE COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEY.) 25 (SEE SHEET 5 OF 5 FOR DESCRIPTION ASTON GARDENS AT I PELICAN MARSH LTD. L.P. AND THE VILLAS AT PELICAN MARSH L.L.C. (O.R. 2585, PG. 2788) I OF RIGH T- OF- WA Y PARCEL.) -'"- PRQPOSED $0' R, Q. W,, D.E., U.E. AND ld.E. EAST N SCALE: 1" 250' EAST- WEST ONE-* SECTION LINE 169.,30' MATCHLINE SEE SHEET 5 OF 5 BEARINGS ARE BASED ON THE WEST LINE OF THE SOUTHWEST QUARTER OF / SECTION 51, TWP. 48 S., ROE. 26 E., AS BEING N 02'05'57" W. / PREPARED BY: ~ ~ S~fl.,E"ET 4 (F'5 nmnnn~ __. I~.~ ~"~ ~d~ REVISION: .~. m -~.---- ..... nnnu ' ~ BY: // -,~ -_ - numb GNOI.T nnnnnnu"~ Nl'q""' SCA~:./I" = .,~.,5~__ , · DR/~ BY:/~ DATE:, JAN. 12. 2001 Collie' ¢oxmt~T: ~l~ ~.00, ?~00 Tnmtanii Tr~tl. Northt H[tple~, lq, ~4iOB (~.l~)~g?-~ll! ~...] [t_,..,~-.t_t~/r~. vv]Mr-~ ,*. co~.~. ~.~t. ,0~, :a, .n...~7._ _,~__.t, . ~,t....]?.., ~ a.~o~) l~[~.~-~.x.: FILE NO://'7805 ACAD NO: 7~03-1D OR: 2773 PG: 1619 PROJECT: NO. 6:~061 PROJECT PARCEL NO: ~ TAX PARCEL NO. SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIP770N OF RIGHT-OF-WAY PARCEL ALL THAT PART OF SECTIONS 25 AND 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLL 0 WS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36, THENCE NORTH 02'05'57" WEST ALONG THE EAST LINE OF SAID SECTION 36, A DISTANCE OF 150.13 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT- OF-WAY LINE OF VANDERBILT BEACH ROAD (C.R. 862) SAID INTERSECTION BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED. THENCE CONTINUE NORTH 02'05'57" WEST ALONG THE EASTERLY LINE OF SAID SECTION 36, A DISTANCE OF 2518.83 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 36; THENCE NORTH 02'11'25" WEST ALONG THE EASTERLY LINE OF SAID SECTION 36, A DISTANCE OF 2671.60 FEET TO THE NORTHEASTERLY CORNER OF SAID SECTION 36; THENCE NORTH 02'00'05" WEST ALONG THE EASTERLY LINE OF SAID SECTION 25, A DISTANCE OF 2670.66 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 25; THENCE NORTH 02'06'13" WEST ALONG THE EASTERLY LINE OF SAID SECTION 25, A DISTANCE OF 390.22 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 2385, PAGE 2788, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 89'15'39" WEST ALONG THE SOUTHERLY LINE OF SAID LANDS, A DISTANCE OF 275.08 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF A FLORIDA POWER AND LIGHT UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 432, PAGE 720, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE LEAVING SAID SOUTHERLY LINE OF SAID LANDS SOUTH 02'06'1J" EAST ALONG SAID EASTERLY LINE OF SAID EASEMENT, A DISTANCE OF 389.76 FEET TO AN INTERSECTION WITH THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 25; THENCE SOUTH 02'00'05" EAST ALONG THE EASTERLY LINE OF SAID EASEMENT, A DISTANCE OF 2670,10 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID SECTION 36; THENCE SOUTH 02'11'25" EAST ALONG THE EASTERLY LINE OF SAID EASEMENT, A DISTANCE OF 2669.49 FEET TO AN INTERSECTION WITH THE EAST- WEST QUARTER SECTION LINE OF SAID SECTION 36; THENCE SOUTH 02'05'57" EAST ALONG THE EASTERLY LINE OF SAID EASEMENT, A DISTANCE OF 2516.78 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID VANDERBILT BEACH ROAD (C.R. 862); THENCE SOUTH 89'39'40" EAST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 275.25 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 52.07 ACRES OF LAND MORE OR LESS. BEARINGS ARE BASED__ON~,,~CtF--~ST LINE OF THE SOUTHWEST QUI*RTER OF ,,/ SECTION ~_j,,,d'F.~,~"J.'r...3GE. 26 E., AS BEING N 02'0~'5~" W. PREPARED BY: .~.~'~~ / //4EET 5 OF 5 ..... · ... NO~ ~ AGNOI~, R.S.M. NO. 5535 ......~ SCALE: ~ ~T.S. · · - "· · w¢~: ......~RU~DAG~,~. DRA OAN DATE: JAN, 12. 2001 c.~ c.~, ~ ,~, ~ ~ ~, .~, ..~'-. ~ ~,s (,~)~,~-~m CH : WDA PROJECT NO.: 7~41 c.~..~ ~ ,.~.,..u...... ~ ~ .d. ~ ~. (.,)~-,.o~ FI 803 ACAD NO: 7803-1D 16B6' , 0R: 2?73 PC-: 1620 PROJECT: NO. 62061 PROJECT PARCEL NO: ~7 TAX PARCEL NO. SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEY.) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL) NORT, ,,~E o~ s~cT, o~ 25711 I I s.~. ~ ~ ~o~ ~,~ o~ ~,o~o~ loo'lR.o.~ IMMOKALEE /~ T~. 48 S., BCE 26 E ' T~. 48 S., RGE. 25 E. ~ ROAD/ / ~ ' CARIBBEAN APAR~EN ~ · / - ~ i ~ ~ ~ , . ~ ~ ~ ~ I o~',"~ ~ SOALE. ~" = 200 AT PELICAN MAR~H L ~. ' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ' CO.R. ~77, PG. ~679~ I I = + ~ ~ ~' i ~ ~ ~' ii . I~T~ OROIX APAR~ENTS I II~ I ~ ~ ~ ~ ' ~ ~ ~ ~ ~ ~ ~II ~ ~ ~ AT PELICAN MARSH, INC.~ ] ~ " ~ = ~ ' : ~ ~ ~ ~ ~ ~ , , ' ~ ~ ~ ~ · ~(0.~. 2407. ~,. J~2~)/ I u~u~¢ ,~,, ~1" ~ ~"~ ~11 ~d~~'~ (O.R. 2499, PG. 0~41) I ~ I ~ ' ~.o~- ~ ~ ~ ~ ~ /~ ~ o / " ~ ~ ~' ~ ~~-' (O.R. 2~, P~. 0~)I ~ o · ~ .~ (O.R. 2642, P~. 1~64) ~ ~ ~ ~ ~ ~ . I ' ~ ~ ~ 0 ~ ~ ~ ~ ~ L CAa[[ ~[[US~O~ A~O ~ I ~1 ~ ~ '~ ~ COMMUNICA~ONS SER~CE ~ ~ ~ ~ ~5o' ~ ~ ~~-- -- I~ EXCLUSIVE (BLANKEO ~ ~ ~ _ (O.R. 1884, PG. 1924) ~ I ~1 ~ ~ MARILmlN~STMENT I ~ ~ 00MPANY ~ ~ ~ I ~ I ~ ~ I ~°= (O.R. 2326, PG. 211J) ~ ~ I ~ ~ (O~ERSHIP SUBJECT TO ~ 0 ~. ~ CURRENT DEED OF RECORD ~ST ~0' I RESER~D FOR ~ ~ ~ ' ' '~ ~ ~ ~. I PUBLIC RIGHT-OF-WAY) , ~ , ~ - 275' ~ I ~ Z~~ ~' I 0 / O.R. 2385, PG. 2788 ~ , [ / ~ ~ ~ ~ ~ ~~ , ~ ~ . ~ ~ ~LLIAM A. DO~OVAN AND BEARINGS ARE BASED ON THE WEST LINE OF THE SOUTH'S7 QU,~.RTE'R~ SECTION ~1, TWP. 48 S., PGE. 26 E., AS BEING N 0~05'57 W. // PREPARED BY: ~ ~ SHEE~ ! OF 2 ....., ~ws~o~: ~ / / - · ..~.~ ~~~ SCALE:-~ ......~RUN~AG~,=c; , DRAWN~ DATE: JAN. 12. 2001 Professio~l engineer, pmnners, ~ lano su~eyo~ ~c~ ~V. WRA PP~.IF~T N~- ~. cO~c.~..~ ot~*.~o~.u~°~' ~s~ ~.~.~, ~ ~.~ ~d ~o~n ~'" ~ ~=.~, (.,~_~(~J)~-~ FILE ~' 7805 ACAD NO' 7803-2 16B6 OR: 2773 PG: 1621 SEC TION 25, PROJECT: NO. 62061 PROJECT PARCEL NO: ~' TAX PARCEL NO. TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF RIGHT-OF-WAY PARCEL ALL THAT PART OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 25, THENCE SOUTH 02'06'13" EAST ALONG THE EASTERLY LINE OF SAID SECTION 25, A DISTANCE OF 1216.90 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED. THENCE CONTINUE SOUTH 02'06'13" EAST ALONG THE EASTERLY LINE OF SAID SECTION 25, A DISTANCE OF 1062.65 FEET TO THE SOUTHEAST CORNER OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 2385, PAGE 2788, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE LEAVING SAID EASTERLY LINE OF SAID SECTION 25, THENCE SOUTH 89°15'39" WEST ALONG THE SOUTHERLY LINE OF SAID LANDS A DISTANCE OF 275.08 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF A FLORIDA POWER AND LIGHT EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 432, PAGE 720, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 02'06'13" WEST ALONG SAID EASTERLY LINE OF SAID EASEMENT A DISTANCE OF 1062.65 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID LANDS; THENCE NORTH 89'15'39" EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 275.08 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 6.71 ACRES OF LAND MORE OR LESS. BEARINGS ARE BASED ON THE WEST LINE OF THE SOUTHWEST QUART[:_,R OF RGE. 26 E., AS BEING N 02'05'57" W. SECTION 31, TWP. 48 S., PREPARED BY: ~ BY//,~ ?//N ~~-LI,~~Z .... OF2 ~-~GNOLI EXI. IBIT . ,o. oo, mmmmiU~BER ·; · "-"-- 7 ~: JAN DATE: JAN, iiiiii~UNDAG~,~, ~a Prote~ion.] ~ugi~e~, pl.~er., .~ ~ BY: W~A PROJECT NO.: 7~41-~ c~..~ o,,~o...~. N.. ~ ~ ~ n ~ ,~: (.x)~-~o~ O: 7~0~ ACAD NO: 7~03-2 1686'I OR: 2773 PG: 1622 PROJECT: NO. 62061 PROJECT PARCEL NO: t"~'~" TAX PARCEL NO. SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEY) II (SEE SHEET 2 OF 2 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL) N P.O.C. 100' COLUER COUNTY CANAL R.O.W. NO./~"~'~AST CORNER OF / SECTION 25, TWP. 48 S. / RGE. 25 E. ' NIORTH LINE OF SECTION 25, 100' %1 IMMOKALEE _ '~ NORTH LINE OF/ 1" TWP. 48 S., RGE. 25 E.IR'°'w' I ROAD · ~ - SECTION 30, SCALE: = JOE j TWP. 48 S., 50' R.O.W, PARCEL I-T mR.I ,71o, P~.I ~75) ~ R 08~ ~j ~ GE. 26 E. ,I I,-- ..,.j W ,. '~ /' ~g..b '"b //_--, .-- '~ ~' I:::~~ ~10 ~:~ ~ ~ I I ~ ' ~ ~SOUTH LINE 11o' ., (O.R. 2499, PG. 0341) J // I~. ~ ~Jl (O.R. 2499, PG. 0339) ~ ~ o ~ I ~ (O.R. 2642, PG. 1964) ~ J ~ ~ ~ ~ -- ~Jo' ASWN GARDENS J -- J ~ ~ '~' ~ ~ ~ ~ I ~ ~ MARIL~ IN~STMENT A T PELICAN MARSH ~ ~ ~ ~ I ~ ~ I ~ (O.R. 2326, PG. 2113) THE ~LLAS AT ~ ~ ~ [J~ ~ PELICAN MARSH L.L.C. J~' J ~ ~ ~ (O~ERSH~P SUeJECT ~ ~ LESS THE NORT~ I PUSU~ ~[G~iT- OF- WA Y) I ~ -I ~ BEARINGS ARE BASED ON THE WEST LINE OF THE SOUTHWEST QUARTER OF // SECTION 31, TWP. 48 S., RGE. 26 f., AS BEING N 02'05'57" W. , // PREPARED BY: ~-,,,,. ..... /t.~vN SHEE,~/1 OF 2 HHi~" ~~~ ~N~AG~I R.S.M. ~NO. 5335 IIIIIIK bbAL~ I ~ ZU~ ~~UN~G~,~. DRAWN BY/~ DATE: JAN, ~, 2001 P=ofessiona] en;inee~, planne~, & land su~yora ~, I~l/~ /5~ ~A/~T kl~ ~OAd Co~ Co~ ~b ~, 74~ T~ami ~, No~; Naples, ~ ~toe (~1)~07-3111 ~U~LU/ D~ Vv~ r~gdEg/ I~g.: /~t --~ OR: 2773 PG: 1623 16B6_ PROJECT: NO. 62061 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF RIGHT-OF-WAY PARCEL ALL THAT PART OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 25; THENCE SOUTH 02'06'13" EAST ALONG THE EASTERLY LINE OF SAID SECTION 25 A DISTANCE OF 150.04 FEET TO THE SOUTHEAST CORNER OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1710, PAGE 575, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH 02'06'15" EAST ALONG THE EASTERLY LINE OF SAID SECTION 25, A DISTANCE OF 1066.86 FEET TO THE SOUTHEAST CORNER OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 2577, PAGE 2679, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 89'15'$9" WEST ALONG THE SOUTH LINE OF SAID LANDS A DISTANCE OF 275.08 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF A FLORIDA POWER AND LIGHT EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 452, PAGE 720, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE LEAVING SAID SOUTHERLY LINE OF SAID LANDS NORTH 02'06'15" WEST ALONG ~E EASTERLY LINE OF SAID EASEMENT A DISTANCE OF 1066.86 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINg OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1710, PAGE 575, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 89'15'59" EAST ALONG THE SOUTHERLY LINE OF SAID LANDS A DISTANCE OF 275.08 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 6.74 ACRES OF LAND MORE OR LESS. BEARINGS ARE BASED ON mE ~ST LINE OF THE SOUmWEST OUARTER OF SECTION 31, TWP. 48 S., RGE. 26 E., AS BEING N 02'05'57" W, PREPARED BY: ~V~ m~ ~ ~L-T. 2 OF 2 ~I ~ ~ U REVISION: IIII IIIII f OLi, R.S.M. NO. 5355 IIIIII~ SCAL ...... IIIIII~RUNDAGE,~. DRAW DATE: JAN. 12. 2001 Professio~l e~inee~, pla~er~, ~ land su~yor~ ~: W~A com~ co~ ~ ,~. ~ ~ ~, "~; N.~., ~ ~0, (~)~o~-~u~ CHECK PROJECT NO.: 7~41 ~. c.~; ~ ,o,, ,~.~...~ ~ ~ ~' ~ ~"' (~')~'-~"* FILE NO~ 7803 ACAD NO: 7803-3 OR: 2773 PG: 1624 Risk Management Guidelines for Maintenance of Effluent Pond Adjacent to 1 6 B 6 I i I_ivingston Road Right-of-Way Developer shall maintain in full force and effect for the duration of the easement for the effluent pond as set forth in Exhibit "G" of the Developer Contribution Agreement herein, Commercial General Liability Insurance in limits of not less than $1,000,000.00 per occurrence combined single limits. Coverage shall be written on an occurrence form. Developer shall name Collier County as an additional insured on said policy. J~y ~Talker, Risk Management Director Collier County Government Date: January 22, 2001 ATTORNEY'S AFFIDAVIT OR: 2773 PG: 1625 1686 STATE OF FLORIDA COUNTY OF LEE ON THIS 17th day of January, 2001, before me personally appeared Vivien N. Hastings, a licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number is 24301 Walden Center Drive, Bonita Springs, Florida 34134 (hereinafter "Affiant"), who, being duly swom on her oath, does say: 1. This affidavit is given as an inducement to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, to accept a conveyance of the real property, more particularly described as future Livingston road right-of-way, more particularly described as the "WCI Parcel", "Aston Care Parcel" and "Apartment Site Parcel", all as more particularly described in Exhibit "A" attached hereto (hereinafter collectively referred to "Property"). 2. The Affiant has examined record title information to the Property referenced in this affidavit. 3. The record owners of the Property are: as to the "WCI Parcel", WCI Communities, Inc., a Delaware corporation, by virtue of that certain Warranty Deed recorded in O.R. Book 1502, Page 746, of the Public Records of Collier County, Florida; as to the "Aston Care Parcel", Aston Gardens at Pelican Marsh, Ltd, L.P. by virtue of that certain Corporate Warranty Deed recorded in O.R. Book 2499, Page 341; and as to the "Apartment Site Parcel", St. Croix Apartments at Pelican Marsh, Ltd., a Florida limited partnership, by virtue of that certain Warranty Deed recorded in O.R. Book 2377, Page 2679, all of the Public Records of Collier County, Florida. 4. The Affiant has examined corporate information obtained from the State of Delaware and the State of Florida on WC! Communities, Inc. CWCI") and has determined that WCI is current and active as a corporation in the State of Delaware and is authorized to do business in the State of Florida and James P. Dietz, is the duly elected Senior Vice President of WCI and is duly authorized to execute the Development Contribution Agreement and other instruments on behalf of WCI in conjunction with the conveyance of the WCI Parcel. 5. The Affiant has examined corporate information obtained from the State of Delaware and State of Florida on Aston Gardens at Pelican Marsh, Ltd., L.P. and has determined that: Aston Gardens at Pelican Marsh, Ltd., L. P. is current and active as a partnership in the State of Delaware and is authorized to do business in the State of Florida; Aston Gardens at Pelican Marsh, Inc. is current and active as a corporation in the State of Delaware, is authorized to do business in the State of Florida and is general partner of Aston Gardens at Pelican Marsh, Ltd., L.P; and that based on the Secretary of State's records, Richard Hutchinson, is the duly elected Vice President of Aston Gardens at Pelican Marsh, Inc. 6. The Affiant has examined corporate information obtained from the State of Florida on St. Croix Apartments at Pelican Marsh, Ltd. and has determined that: St. Croix Apartments at Pelican Marsh, Ltd. is current and active as a partnership in the State of Florida and is authorized to do business in the State of Florida; St. Croix Apartments at Pelican Marsh, Inc. is current and active as a corporation in the State of Florida and is authorized to do business in the State of Florida and is general parmer of St. Croix Apartments at Pelican Marsh, Ltd., L.P; and that based on the Secretary of State's records, Frank P. Potestio, Jr. is the duly elected President of St. Croix Apartments at Pelican Marsh, Inc. 7. Affiant states that the WCI Parcel is affected by the mortgages, encumbrances and liens described in Exhibit "B" attached hereto. 8. Affiant states that the Aston Care Parcel is affected by the mortgages, encumbrances and liens described in Exhibit "C" attached hereto. i:districts\pelicanmarsh\tiburon3 -2.attomey.affid 9. Affiant states that the St. Croix Parcel is liens described in Exhibit "D" attached hereto. OR: 2773 PG: 1626 16B6 affected by the mortgages, encumbrances and 10. That the Affiant further states that the information contained in the Affidavit is tree, correct and current as of the date this Affidavit is given. Vivien N. Hasting~ .... U STATE OF FLORIDA COUNTY OF LEE The foregoing Attomey's Affidavit was acknowledged (or affirmed to) before me by Vivien N. Hastings. She is personally known to me and did take an oath. WITNESS my hand and official seal this [k'/day oft "~.~, ~ fir~.~. ,~ My Commission Expires: i:districts\pelicanmarsh\tiburon3 -2.attomey.affid 2 OR: 2773 PG: 1627 Project: Livingston Road Parcel: Portion of Sections 25 and 36, Township 48 South, Range 25 East, Collier County, Florida This instrument prepared by: Vivien N. Hastings, Esquire 24301 Walden Center Drive Bonita Springs, FL 34134 WARRANTY DEED THIS WARRANTY DEED made this L~:>day of January, 2001, by WCI COMMUNITIES, INC., a Delaware corporation, successor by merger of WCI Communities Limited Partnership and by merger of WCN Communities, Inc. (hereinafter called the "Grantor") to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter called the "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference ("Property"). This Properly is not now, nor has it ever been, the homestead of the Grantor, nor is it contiguous to any homestead of the Grantor. Subject to utility easements, Cart Path Easement, local governmental restrictions and reservations of record. TOGETltER with all the tenements, hereditaments, and appurtenances fuereto belong or in anywise appertaining. TO HAVE AND TO 1tOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents lhe day and year first above written. Signed, sealed and delivered in the presence off (~.,~, WCI COMMUNITIES, INC., a Delaware corporation By: Vivien N. Hastings Senior Vice President Printed Name :pc icanmarsh\dcedctv wcl 16 6 STATE OF FLORIDA ) COUNTY OF LEE ) The foregoing instrument was acknowledged before me this I]~2day of January, 2001, by Vivien N. Hastings, as Senior Vice President of WCI Communities, Inc., a Delaware corporation, on behalf of the corporation. She is to me. My Commission Expires i:pelicanmarsh~deedcly wcl PROJECI: NO. · 62061. PROJECT PARCEL NO: TAX PARCEL. NO. SECTION .36, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEY) (SEE SHEET 5 OF 5 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL) MA TCHLINE SEE SHEET 2 OF 5 r~cD ~ ~ ~ ~ I I ~ ~ ~ SCAL~: ~' = 250' ~ .. ~o' t25' ~ j ~ I + I ~ -WA YJil 5 89'3g'3g- g ~ ~o.~o (150' ~DE R.O.~) ROADiEX SION J ~ 02~5'S7' NOR~ERLY RIGHT-oF--WAy LINE t ~SOU~ UNE OF 5EC~ 36, BAS~INE PI = ~ ~ ~. 4a S., RCE. Z5 E. 416+2B.74 o 5ou ~ ~CnON o' ' ~ P.O.C. ~EARINGS ARE BASED ON ~E ~ LINE OF ~E SOU~ST SECnQN Jl ~. 4~S. ~. '26 E AS ~EING N 02~5'57' PREPARED BY: ~u'~ ' ~ ~" . ' SH~7 OF 5 """~""'""'""'".~ ' '--- ,' ~L~: ,'~'~/-o'~' · ..... ~ ~, ~ ~ ~ ~ ~ ~ ..~. ~ ~u ~m,m,.-.,n J CHECKED ~:~ PROJECT NO.: 7B41 ............... , ...... } FILE NO: {~03 ACAO NO. 7803--1A .EXHIBIT i oF EXHIBIT PROJECT: NO.. 62061 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEYI ~SEE SHEET 5 OF 5 FOR O£SCRIPTION OF RIGHT-OF-WAY PARCEL)- MA TCHLINE SEE SHEET ~ OF 5 I I ~RO~OS~D --] 'W' DRAINAGE (o.~. ~ST JO' .. II 2~41, PG. ~ I I~ ~ - '1~ I I ~ . EAST-~ST ONE-QUAR~ .. EAST-~ST ONE TOUAR~ · ,I I~ ~ ',~ I I ~ ~"~'~ MA TCHLINE SEE SHEET I QF 5 5EGnON 31, ~8 ~RGE. 20 E.. AS BEING N 02~5'57" W. PREPARED BY: ---~ -- L~ ~ - S~ET 2 OF 5 ~.~ ~o~.~~ r.~"'~. CHEC A PROJECT NO.: 7~41-3 16B6 . EXHIBIT 2~ OF5 PROJECT: NO, 62061 PROJECT PARCEL NO: TAX PARCEL NO, SECTIONS 56 AND 25, TOWNSHIP 4-8 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEY) (SEE SHEET 5 OF 5 FOR DESCRIPtiON OF RIGHT-OF-WAY PARCEL) MA TCHLINE SEE SHEET 4. OF 5 I ~ i~, I SOU~ UNE OF 5EC~ON 25, ~. 48 S., RGE. 25 E.--J~ ~ o+ ~ J~SOO~ LINE OF SEC~QN ~O.~~r~. ~8 5. RGE. 26 g. NOR~ UNE OF SEC~ON 36, ~ J NOR~ LINE OF SECBON 31 ~ T~. 48 5., RGE. 25 g. J [ 0 ~. 48 S., RCE. 26 g. ' ~t ~ ~ ~ .t HARRY RO$~A~, ~ICHA~L ~ ~ ~ ~ ~ ROS~MAN. A~CE McN~SE ~ m ~ AND d. (O.R. 20~, PG. 455) (O.R. 2216. PG, 1296) ~ jjm~Z~ ~ ~ (O.R. 2249, PG. 1327) ~ ~ ~ ~ ~ ~ I Rg~ r~ PU~C ~ ~ LOlL L. ~DE~G ' ~ ~ I , - (O.R. ~. ~. ~'~') -~~ ~ ~TC~U~ s~ SH~r ~ O~ ~ ._~.. . BEARINGS ARE ~AS~D ON ~ST LIN[ OF ~E SOU~$r QUAR~R O~ PREPARED BY: _. ~ , ~ ~ /~H~ET ~ OF ..... ~ .- . , mmmm.~ ~~ WA~E~. AGNOLI, R.S.M. HO. ~: SCALE: /I ~/= 250' C~ i ~ ~. Il ,i ~i iai i~, ~ ~II ~.l~-IlII CHEWED BY: ~A PROJECT NO.: 704-1- ~.~ ._~ ~ ~ ~. .~ (~-~ FI 7~03 ACAD NO: 7~03--1C 1696 ' PROJECT: NO. 62061 PROJECT PARCEL NO: TAX PARCEL NO, SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEY) (SEE SHEET 5 OF 5 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL,) ASTOR GARDENS AT [ I ~-PROPOSED 50' R.O.W., N PELICAN MARSH LTD. L.P. I D.E., U.E. AND I~.£. I MARSH L.L.C. SCALE: I" = 250' EAST--~ST ONE-OUAR~R- SEC~ON LiNE ~ ~ ~ ~ND&G~ DR DATE: JAN. t2. 2001 ACAD NO. 16B6 ' PROJECT: NO, 62061 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF RIGHT-OF-WAY PARCEL ALL THAT PART OF SECTIONS 25 AND 56, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION .36, THENCE NORTH 02.05'57' WEST ALONG THE EAST LINE OF SAID SECTION .36, A DISTANCE OF 150.1.3 FEET TO AN INTERSECTION IMTH THE NORTHERLY RIGHT- OF-WAY LINE OF VANDERBILT BEACH ROAD (C.R. 862.) SAID INTERSECTION BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED. THENCE CONTINUE NORTH 02'05'57" WEST ALONG THE EASTERLY LINE OF SAID SECTION ,56. A DISTANCE 'OF 2518.8,5 FEET TO THE EAST QUARTER CORNER OF 5AID SECTION THENCE NORTH 02'11'25' WEST ALONG THE EASTERLY LINE OF SAID SECTION $6, A D/STANCE DF 2671.60 FEET TO THE NORTHEASTERLY CORNER OF SAID SECTION THENCE NORTH 02'D0'05' WEST ALONG THE EASTERLY LINE OF 5AID SECTION 2.5. A DISTANCE OF 2670.66 FEET TO THE EAST QUARTER CORNER OF 5AID SECTION 25; THENCE NORTH 02'06'?$" WEST ALONG THE EASTERLY LINE OF SAID SECTION 25, A DISTANCE OF 390.22 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 2385, PAGE 2788, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 89'75"39' WEST ALONG THE SOUTHERLY LINE OF SAID LANDS. A DISTANCE OF 275.08 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF A FLORIDA POt'/ER AND LIGHT UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORD BOCK 4.32, PAGE 720, PUBLIC RECORDS DF COLLIER COUNTY, FLORIDA; THENCE LEA~NG SAID SOUTHERLY LINE OF SAID LANDS SOUTH 02'06'13' EAST ALONG 5AID EASTERLY LINE DF 5AID EASEMENT, A DISTANCE OF 389.76 FEET TO AN iNTERSECTION WITH THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION THENCE SOUTH 02'00'05' EAST ALONG Ills EASTERLY LINE OF SAID EASEMENT, A DISTANCE OF 2670.10 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID SEC'IION 36; THENCE SOUTH 02'11'25' EAST ALONG THE EASTERLY LINE OF' SAID EASEMENT, A DISTANCE OF 2669.49 FEET TO AN INTERSECTION WITH THE EAST- WEST QUARTER SECTION LINE OF 5AID SECTION 36; THENCE SOUTH 02'05'57" EAST ALONG THE EASTERLY LINE OF SAID EASEMENT, A DISTANCE OF 2516.7,B FEET TO AN INTERSECTION IMTH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID VANDERBIL T 8EACH ROAD (C.R. 862.); THENCE SOUTH BE'SS'40' EAST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE. A DISTANCE OF 275.2..5 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 52.07 ACRE5 OF LAND MORE OR LESS. EXHIBIT "A" BEARINGS ARE BASED ON THE W~ST LINE OF THE SOUTHWEST OU,~RTER OF/.,.,, SECTION ,st n~. 46 S.~/~CE. Z6 C AS e~ ~ o2~'~' w. / PREPARED BY: ~ {~ ' / ' ~EET 5 OF 5 ..... - a~ . .... / ==:=~:~ ~ ~- I SCALE:> ~. I.b. ...... ~U~AOE~ ~ I DRA~: JAN DATE:~ j,, Project: Livingston Road Parcel: Portion of Section 25, Tox~q~ship 48 South, Range 25 East, Collier County, Florida This instrument prepared by: Vivien N. Hastings, Esquire 24301 Walden Center Drive Bonita Springs, FL 34134 OR: 2773 PG: 1634 WARRANTY DEED THIS WARRANTY DEED made this .~day of January, 2001, by ASTON GARDENS AT PELICAN MARSH, LTD., L.P., a Delaware limited partnership (hereinafter called the "Grantor") to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter called the "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference ("Property"). This Property is not now, nor has it ever been, the homestead of the Grantor, nor is it contiguous to any homestead of the Grantor. SUBJECT TO: utility easements; Easement at O.R. Book 1710, Page 375 of the Public Records of Collier County, Florida; and local governmental restrictions and reservations of record. TOGETtIER with all the tenements, hereditaments, and appurtenances thereto belong or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Printe~ame ASTON GARDENS AT PELICAN MARSH, LTD., L.P., a Florida limited parmership By: Astony~tJ'elifa.~V~arsA~nc., a By)/ ,./x~--'"~ ZI i:p¢licanmarsh\deedliv.aston 1696 · The foregoing instrument was .acknowledged before me tiffs day of January, 2001, by ~tC..~d ~~iO , as VI~ ~5I~e~ of Aston Gardens at Pelican Marsh, Inc., a Delaware co~oration and general panner of Aston Gardens at Pelican Marsh LTD., L.P., a Delaware li~ted pa~ership, on behalf of the co~oration and the pa~ership. He is personally knom to me. . ./NO CC771616 erinteaName ffP~/~d~O/o ~/~ ..... I~Pem~lalt/~o.~n I J Ott~et I.D. My Co~ission Expires i:pelicanmarsh~,deedliv.aston 1686 PROJECT: NO. 62061 PROJECT PARCEL NO: TAX PARCEL NO. .SECTION 25, TOWN.SHIP 48 .SOUTH, RANGE 25 EA.ST COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEY) ~. ~ s.. ,~:. :5E.' I I'""'1~'"'' IIMMOKA£EE/7~ I Tt,/p. 48 $., ROE. 26 -~. ~~ ' I' J ROAD / / ~._.L AT PELICAN MARSH LTD. L~O ~ "~ 2 I ~.~,~.~ ~ SC LE. I - 200 CaR. 2aZZ, ~. 2~) ~: ~ ~ ~ ~ ~~ ~' {AT PEUCAN MARSH. INC.',I . I ,~=~ ' . Ii ~ ~ q~,. * ~(O.R. 2407, P~. 5~2g)~ I ~ . ,, ~ ~ tl (O.R. 2499, PG. 0541) o o 77~.~ ~ ~ I . ~ ~ ~ ~ (O.R. 2~, PG. 0~) ~ ~ ~ o ~ . ~ ~ ~ ~ · · · ~ ~ ~ ~ -- ~ JO EASEMENT AGREEMENT " d , ,., ~ ~ ~ ' I ~ ( ' ' ' ~ ~ ~ , ~ , - ~ ~ ~ I ~ COMPANY ~ ~ ~ I ~ I ~ ~ / :I~ (O.R. 2326 PG. 2113) ~ ~ ~ ~ ~ ~ o ~ ~ ~O~iP SUBJECT TO ~ ~ ~ ~ ~ I ~0' J 125' ~ ~ -' , i ~ST 30' RESER~D FOR / O.R. 2385, ~. 2798 , , I I ~ ~ ~ ~ ~ ~ ~[~X , ~ ~ . ~ ~ ~IAM A. D~OVAN AND ~ ~ ~ ~ ~ I ~ : ~ ~ ~ ~ ~ (PA~CIA ANN~ ~RANADOS) ~R~AREDI 1~ BY: SECnON JL ~. ._~ S.,~RGa 26 a, AS B~JNG N oz~5'57"[~ ~ ~q~F~r~ SHEET !~ OF 2 =B~.o" ~A~ u. ~~ .~: ~ ~mmm~ ~m-- . ~ ~ fO__ ~. AGNOLI. R.S.M. NO. 5355 I::::~~ ~ ~~~ ~ ................... .,....~ ~ SCA~:~ ~"~mmI~UNDAGE~: . . . DRAWN ~ dAN DA~ dAN. 12- 2001 ~reum~ engm~ pmnnm~, ~ ~a su~ ~u=pW~y~ P~IF~ N~ ~41--~ EXHIBIT" OF ,, 1686 PROJECT: NO. 62061 PROJECT PARCEL NO: __ TAX PARCEL NO. SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF RIGHT-OF-WAY PARCEL Al.l. THAT PART OF SECTION 2..5, TOWNSHIP 4F~ SOUTH. RANGE 2.5 EAST, COLIJER COUNTY, FLORIDA, BEINC MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCJNG AT THE NORTHEAST CORNER OF SAID SECT70N 25, THENCE SOUTH 02'06'13' EAST ALONG THE EASTERLY' LINE OF SAID SECTION 2.5. A DISTANCE OF 1215.90 FEET TO THE POINT ~: BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED. THENCE CONTINUE SOUTH 02'06'13' EAET ALONG THE EA$TERLY LINE OF SAID SECTION 25, A DISTANCE OF 1062.65 FEET TO THE SOUTHEAST CORNER OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 2385, PAGE 27,~8. PUBLIC RECORDS OF COLLIER COUNT~, FLORIDA; THENCE LEAVING SAID EASTERLT LINE OF SAID SECTION 23. THENCE SOUTH 89"15'39" WEST ALONG THE SOUTHERLY LINE OF SAID LANDS A DISTANCE OF 275.08 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF A FLORIDA POV~ZR AND LIGHT EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 432, PAGE 720, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE NORTH [~2'06'13' W~ST ALONG 5AID EASI'~RLY LINE OF SAID EASEMENT A DISTANCE OF 1062.65 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID LANDS; THENCE NORTH 89'15'3g' EAST ALONG SAID NORTHERLY LINE A DI.~TANCE OF 275,.08 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 5.71 ACRES OF LAND MORE OR LES~ EXHIBI, r "A BEARINGS ARE BASED ON THE WEST UNE OF THE SOUTHWEST QUARTER SECTiON 31 TWP 4,8 $. ROE 26 E. AS BEING N 02'05'57" W. ,,~, ,,-r.-m .... PREPARED BY: ' ' ',~ ' ' t ,~HEET 2 u~- z professional en,~nee., pt~nntr~ & ~ ~m,.."'myo. " ~,e'~F.~tKI;~ RY'-' "W~A pROJFCT NO' 784.1-5 1686 OR: 2773 PG: 1638 Project: Livingston Road Parcel: Portion of Section 25, Township 48 South, Range 25 East Collier County This instrument prepared by: Vivien N. Hastings, Esquire 24301 Walden Center Drive Bonita Springs, FL 34134 WARRANTY DEED THIS WARRANTY DEED made this ~__~ay of January, 2001, by ST. CROIX APARTMENTS AT PELICAN MARSH, LTD., a Florida limited parmership, (hereinafter called the "Grantor") to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter called the "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference ("Property"). This Property is not now, nor has it ever been, the homestead of the Grantor, nor is it contiguous to any homestead of the Grantor. SUBJECT TO: utility easements, Easement at O.R. Book 1710, Page 379 of the Public Records of Collier County, Florida; and local governmental reslrictions and reservations of record. TOGETHER with all the tenements, beriditaments, and appurtenances thereto belong or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: ST. CROIX APARTMENTS AT PELICAN MARSH, LTD., a Florida limited partnership (~Name SherYy t. Oleasor~ Printed Name By: ST. CROIX APARTMENTS AT PELICAN MARS}}, INC., a Florida CO or n x,..P.~si&nt rJ i:pelicanmarsh~eedliv.carib STATE OF FLORIDA ) COUNTY OF ) c~rpo-ratio~ and sole gene~'al ~am~er of St Croix Apartments at Pelican Marsh, Ltd, a Delaware limited partnership, on behalf of the corporation and the pam~ership, tle is personally ~o~ Printed ~ame My Co~ssion Expires i:pclicanmarsh~,decdiiv,carib 2 ]AH lB 2~1 18:~6 FR ~A~ERtIARK LEC~qL D~PT E~41 ~98 82?7 TO 9-5956656 P.[I2x[i3 ARA '_ SECTION 25, TOWNSHIP 4.8 SOUTH, RANGE 2,5 EAST COLLIER COUNTY', FLORIDA ~KETCH OF' RIGHT-OF'-WAY PARCEL (NOT A .SURVEY) .... ~.~E ~ I ~ ~. _ j ~ ~ ~-- ~ t ~1 ~ ~ _. _ ~ .I ~'.~ i ~ I= ',~; I I - ~ ~_~.;~ ~_~-~- ~ ~/~.~ . ~c~ ~o: 7~-~ EXHIBI' I OF ;;;t /,, .TAN 18 ~-'~1 1B:~'Z FR WATF-~ LEC~qL DEPT 9~1 498 8~ TO 9-59~:~56 P~Sx6 B6 PRO.z~CT: PRO, CT PA.RC~L biO; TAX P~ ~. ~ SECTION 25, TOWN~IP 48 50UTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA OR: 2773' 1686 PG: 1642 This instrument prepared by: Stephen C. Pierce, Esq. 24301 Walden Center Drive Bonita Springs, FL 34134 GOLF CART ACCESS EASEMENT THIS INDENTURE is made as of the __ day of , 2001, by and between COLLIER COUNTY, a political subdivision of the State of Florida, whose post office address of 3301 East Tamiami Trail, Naples, Florida 34112 (the "Grantor"), and TIBURON GOLF VENTURES LIMITED PARTNERSHIP, a Delaware limited partnership, whose mailing address is 24301 Walden Center Drive, Suite 300, Bonita Springs, Florida 34134 (the "Grantee"). WITNESSETH: THAT, for and in consideration of the sum ofTEN and No/100 U.S. Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantor hereby grants to the Grantee, its successors and assigns, for the benefit of the Grantee's present and future members, and their ~enants, invitees, business invitees, licensees, mortgagees and employees, a non-exclusive easement over, under, on and through the real property described on Exhibit "A" attached hereto and incorporated herein by this reference, for the purpose of providing pedestrian and golf cart ingress and egress to the adjacent land owned by Grantee, all such lands being situated in Collier County, Florida. TO HAVE AND TO HOLD the easement hereby granted unto the Grantee, its successors and assigns. The Grantee, by acceptance of this easement, agrees for itself, its successors and assigns, not to interfere at any time with the right of ingress or egress of the Grantor, its successors or assigns, or the general public any other party requiring access to any of the real property over which this easement is granted. In the event Grantee, its successors and assigns, shall fail to use this easement for the purpose intended, then Grantee, its successors or assigns, shall vacate, cancel and annul said easement or relevant part thereof. Grantor, its successors or assigns, shall upon said vacation, have the right to require Grantee, its successors or assigns, to remove any structure or improvements which may affect the use of the property. 1686 OR: 2773 PG: 1643 Grantee hereby covenants and agrees to indemnify, save, protect and hold harmless Grantor against any loss, damage, injury, debt or expense (including attorney's fees) claimed or asserted by any person or entity, ahsing out of Grantee's installation or use of Grantee's facilities described above. This easement shall be a covenant runn/ng with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the Grantor has caused these presents to be signed in its name by its Board of County Commissioners acting by the Chairman of said Board, the day and year first above written. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By: , Chairman LegahpelmarshhStz~easement-access WCI Tiburon 2 OR: 2773 : 1644 FLORIDA COLLIER The Golf Cart Access Easement was __, 2001 by Chakman of 'County Commissioners, Collier the person who foregoing instrument and executed said instrument in capacity and for the known to me. me this __ day of to me well known to be to and before me that he therein expressed. He is personally My commission expires: Public Name of Notary Public Notary Number (SEA~) Legal\pelmarshh-itz\easement-access WCI Tiburon 1686 PROJECT: NO, 62061 PROJECT PARCEL NO: __ TAX PARCEL NO. SECTION ,.56, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF GOLF CART EASEMENT (NOT A SURVE~I (SEE SHEET 2 OF 2 FOR DESCRIPTION OF GOLF CART EASEMENT) ~ / I ~ ~-- vj~ ~N~RI Y ~ln~r ~rl - ~ ~' NOR~ERI Y PlnMT--m~ u,, ...... · - I ~ ~ IHERLY RIOHT-OY--WAy LINE BEARINOS ARE BASED ON ~E ~ST LINE OF SECnON 3~, ~P. 48 S., RGE_26 E., AS ~[ING N 02'05'57'" PREPARED BY: ~a ~ [~ ~ / ~ET ! OF 2 D~AW~0AN ~ATE: ~*N. ~. 20m ~J .~m~, ~, · ~.~ .~ CHE~ BY: WDA PROJECT NO.: 7841-5 ~ ~. ~ ~~ ~ ~ ~:~ FI L E/~: 7805 ACAD NO: 7~0~-14 1686 PROJECT: NO. 62061 PROJECT PARCEL NO: __ TAX PARCEL NO. SECTION .36, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF GOLF CART EASEMENT A GOLF CART EA~IZMENT OVER, AND ACROSS ALL THAT PART OF SECTION TOWNSHIP 48 SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36. THENCE NORTH 02'05'57" H/EST ALONG THE EAST LINE OF SAID SELl?ON 36. A DISTANCE OF 7730.80 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; THENCE CONTINUE NORTH 02'05'57~ WEST ALONG THE EAST LINE OF SAID SECTION 36, A D/STANCE OF 4.9.35 FEET; THENCE LEAVING SAID EAST UNE OF' SAID SECTION 36, SOUTH 87'16'12" WEST 27.5.02 FEET TO AN INTERSECTION WITH THE EAST LINE OF A FLORIDA POWER AND LIGHT EASEMENT AS RECORDED IN OFT'IClAL RECORD BOOK 432, PAGE 720. PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE SOUTH 02'05'57" EAST ALONG THE EAST UNE OF SAID EASEMENT A DISTANCE OF 47.42 FEET; THENCE LEAVING SAID EAST LINE OF SAID F.P.L. EASEMENT NORTH 87'40'21" EAST 275.00 FEET TO THE PONT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 1530,5 SQUARE FEET OF LAND MORE OR LESS. BEARINGS ARE BASED ON TH~ W'g~.~IN£ OF THE SOUTHWEST QUARTER OF S£C]"iI~B ~., RGE~6 E., AS BEING N 02'05°57" V~: PREPARED BY: ~_...,i~r~ ii ~ ~'HEET 2 OF 2 · '.:" BY: -=n'-~-=~[~ ..... ~,~"¥1~,~. A~OU, R.S.M. NO. 5,335 i!!!.."~..."':'~ ' SCA,[.." /~.T.S. _==?nn.~m..~.~;UN~. AGE.=~, ... DRA~-N~ DATE: JAN. 18. 2001 r"m~e~oaat ea&,meem, p~er~, ~ mn~ sur~yo~. ""u='cI~D BY: WDA PROJECT NO · 7~'~1 c,..mb.*.,,,~.,~.b..m~.....za,me4..dmsm4 h=(.*~M~-mm FILE,~O: 7~0..% ACAD NO: 780.3 14 PROJECT: Livingston Road PARCEL: FOLIO: 00177201402 1686 GRANT OF UTILITY EASEMENT This indenture made and executed this __ day of January, 2001, by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successor and/or assigns, whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as GRANTOR and TIBURON GOLF VENTURES LIMITED PARTNERSHIP, a Delaware limited partnership, its successors and/or assigns, whose post office address is 24301 Walden Center Drive, Suite 300, Bonita Springs, Florida 34134, hereinafter referred to as GRANTEE. WITNESSETH That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTOR hereby grants to GRANTEE, its successors or assigns, an exclusive easement for the construction, maintenance, use, repair and replacement of effluent-irrigation water holding pond and related improvements over, under and through the property as more particularly described on Exhibit "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD the easement hereby granted unto said GRANTEE, its successors and assigns. GRANTEE, by acceptance of this easement GRANTEE agrees for itself, its successors and assigns, to maintain said easement and in no way interfere or impede at any time with the right of ingress or egress of GRANTOR, its successors and assigns or the public with the use Livingston Road. GRANTEE further agrees that it will at all times use extreme care to restore all grounds to as good or better condition than found prior to construction, maintenance and repair. GRANTEE agrees by acceptance of this easement that the effluent-irrigation water holding pond and related improvements shall be used for storage and distribution of irrigation water to the Tiburon Golf Course and ti"lc Tiburon Community situated in Collier County, Florida. GRANTEE further agrees by acceptance of the easement that it shall maintain and adhere to all rules and regulations of the state, federal and local ordinances relating to the effluent-irrigation water holding pond and related improvements. In the event GRANTEE, its successors or assigns, shall fail to use this easement for the purpose intended, then this easement Shall automatically revert to GRANTOR, its successors or assigns and this easement shall terminate. GRANTOR, its successors or assigns, shall upon said vacation, have the right to require GRANTEE, its successors or assigns, to remove any structure or improvements which may affect the use of the property. GRANTEE hereby covenants and agrees to indemnify, save, protect and hold GRANTOR harmless from and against any and ali losses, damages, costs or expenses (including attorney's fees) incurred by GRANTOR, arising out of or resulting from Grantee's use of the easement property and any and all claims by any person or entity in connection with the easement property, including but not limited to hazardous materials and or environmental hazards on the easement property known at the time of entering into this easement or that GRANTEE is informed of at some future time. This easement may not be assigned without prior written approval of Collier County, which approval will not be unreasonably withheld. 1686 IN WITNESS WHEREOF the,GRANTOR has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman of said Board, the day and year first above written, ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk , Chairman STATE OF FLORIDA COUNTY OF COLLIER Before me personally appeared Dwight E. Brock, as Deputy Clerk of Collier C.~, , on behalf of Collier County, to me well know to be the person who exec~,A'Sd the 4rig nstrument, and acknowledged to and before me that he executed said in~fument in the ~city and for the purposes therein expressed. He is personally known to ~ less my hand and official seal this __ day of January, 2001. // / Notary My Commission )ires: Prir Name of Notary Public STATE OF FLORIDA COUNTY OF COLLIER Before me personallt ~d , as Chairman of the Board of County Commis . uolllef. County, Florida, on behalf of the commission, to me well know to be the per. pi'. who execute'~L, the foregoing instrument, and acknowledged to and before me that he..e'~e¢:l ~d said instrur~t in the capacity and for the purposes therein expressed. H~ersona known to me. ~ /~ss my hand and official seal this '~of January, 2001. ' Notar~'l~blic /My Commission Expires: % EXHIBIT 1686 PROJECT: NO. 62061 PROJECT PARCEL NO: __ TAX PARCEL NO. SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA A SKETCH OF EFFLUENT POND (NOT A SURVEY) (SEE SHEET .3 OF .3 FOR DESCRIPTION OF EFFLUENT POND.) N S,R. 846 IMMOKAL£E ROAD--~ SCALE: 1" = 250' NORTH LINE OF SECTION 25 -'tI i_ .I ~ ~X ~ ' · -- · TWP 4R 'q =,,..,.- .= ~ ' I I00 R.O W, , if/fl I NORTH LINE OF ~ECTION $0 -'/ " ' ........... =' II t ''1 /~/11 T~.,~sS.,R~26E ' t50' R.O.W. PARCEL I-T (O'R. ,7~0, ~.~. $;'5,~ / / I I ' ~-C~ ~-"' ~ I ~-1~11 ~ [i ~'$EOTION $0 I ~.~.~.,- ~ , / ,,,ol I~ ~ II '-k~. / -- ' ~ ' ~ I ~ · I ~ ~ ~ ~ ~Z . ~/ ~ ~l ~ . . II I~~ ~ (o.~. 2~, P~. o~) ,,o. ~. ~, ~ l~ I ~ .(O.R. 2642, PG 1964) ~ o ~' ~ ~_. ~ ~ i ~ J ~ ~ . I o.[., u.[. ANoJ~.g. MA TCHLINE SEE SHEET 2 OF 5 SECnON CORP~ ~ L.L.C. ' (C:R. 2131, ~% 1101) BEARINGS ARE BA[ SOU~ST QUARTER OF ~*~ S.,~GE,~ E~ ~S BEING N 02~5'57" W. PREPARED BY: SEC~ON 31, ~~~ ~ __~ · ...~,,,-""' · 1 /~y~.o~,. .... liB. ~c~: ,- ~0, V~AG~"""=== ] DRAWN B~AN DATE: JAN. 12. 2001 """"~ '~ .... "~ .... ~ ~" '~" J CHECK~: WDA PROJ[C~ NO.: 7~-3 ~..~,..~,=~ ~={~t~-~s ~ FILE~/ ~ ACAD NO: 7803-4A 1686 PROJECT: NO. 62061 PROJECT PARCEL NO: __ TAX PARCEL NO. SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF EFFLUENT POND (NOT A SURVEY) (SEE SHEET ,5 OF 5 FOR DESCRIPTION OF EFFLUENT POND,) MA TCHLINE SEE SHEET 1 OF 5 ]~, 'CORNER OF'-% 641 / O.R. 2585, PG. 2788 ' - .... ~" ....I ~' ~, , ~ ~' ~ ~ - %'~ ~c~, ,"= ~o' EAST-~ST ONE-QUARmR~~ ~ ~ ~ t ' ' = ~ '~ ~ - / SEC~ON LINE . , .I ' ' ' · dL'ET 2 OF 5 PREPARED BY: .... ~ [, / /~HL~ET 2 1686 PROJECT: NO. 62061 PROJECT PARCEL NO: __ TAX PARCEL NO. SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF EFFLUENT POND ALL THAT PART OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 25, THENCE SOUTH 02'06'13" EAST ALONG THE EASTERLY LINE OF SAID SECTION 25, A DISTANCE OF 2279.55 FEET TO THE SOUTHEAST CORNER OF THOSE LANDS A5 DESCRIBED IN OFFICIAL RECORD BOOK 2385, PAGE 2788, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE LEAVING SAID EASTERLY LINE OF SAID SECTION 25 SOUTH 89'15'39": WEST ALONG THE SOUTHERLY LINE OF SAID LANDS A DISTANCE OF 275.08 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF A FLORIDA POWER AND LIGHT EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 432, PAGE 720, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH D2~6'15" EAST ALONG THE EASTERLY LINE OF SAID EASEMENT A DISTANCE OF 40,01 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH 02'06'13" EAST ALONG SAID EASTERLY LINE OF SAID EASEMENT A DISTANCE OF 349.76 FEET TO AN INTERSECTION WITH THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 25; THENCE SOUTH 02'00'05" EAST ALONO THE EASTERLY LINE OF SAID EASEMENT A DISTANCE OF 1411.87 FEET; THENCE LEAVING SAID EASTERLY LINE OF SAID EASEMENT NORTH 87'59'04" EAST 70,~]4 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 35.00 FEET; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 90'00'00" AN ARC DISTANCE OF 54.98 FEET TO A POINT OF TANGENCY; THENCE NORTH 02'00'56" WEST 1690.05 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 55.00 FEET; THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 88'43'25" AN ARC DISTANCE OF 54.20 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89'15'39" WEST 71.83 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 4.26 ACRES QF LAND MORE OR LESS. BEARINGS ARE BASED ON THE WEST LINE OF THE SOUTHWEST ~UARTER OF SECTION 37, TWP. 48 S., RGE. 26 E,, AS BEING N 02'05%~7" W. PREPARED BY: IIIInJk REVI~ ON' ~ / naa.-'~--~.__ Of~',~t ~. ,,A'~I~IOLI. R.S.M. NO. 53,35 · DRAW °ATE: JA' . pro~e~lioz~.l e~Q~.eers, ple. nner~, & land su~myors ~-u[:r-~.'l:'l*a/ I;~¥. ~, ~ ~ ,oL ~,~ ~ ~ . _~.....~:,,,. ~ ?] !~!~E-~_~u FILE I"~)/ 7803 ACAD NO: 7803-4B (/ 1686 IMPACT FEE CREDIT LEDGER The amount of road impact fee credits awarded to WCI Communities, Inc. for the Land Donation of the Livingston Road Right-of-Way between Vanderbilt Beach Road and Immokalee Road as determined by Collier County, Florida total: $2,336,687.50 This sum was the result of taking the average of the Developer's 2000 appraisal and the County's highest appraisal deducting the acreage contained in the easement for the effluent pond, which is 4.26 acres. WCI Communities, Inc. hereby relinquishes any and all claims to the above-referenced road impact fee credits and said credits s~ll remain in the possession of Collier County, Florida. By: //~ JAM'F~ P. DIETZ, Sr. Vice President ROAD IMPACT FEE CREDITS - WCI, COMMUNITIES, 1NC. FOR LIVINGSTON ROAD RIGHT-OF-WAY BEGINNING CREDIT AMOUNT: ALL CREDITS RESULTING FROM RIGHT-OF-WAY $2,336,687.50 DONATION OF LIVINGSTON ROAD RETAINED BY THE COUNTY CREDIT BALANCE: ZERO STATE OF FLORIDA COUNTY OF 1. ~ ~ BEFORE ME, a duly authorized notary of the State of Florida, personally appeared James P. Dietz, Senior Vice-President of WCI Communities, Inc., a Delaware corporation. On behalf of the corporation and limited liability company. He is [L]~ersonally known to me or [ ] produced DATED this as identification. ,2001. Notary, State of ~/lorida ' My COlmnission expires: Whitney W. W'mdler MYCOMMISSlON# CC9~714~ EXPffiES 3une 1~, 2004 80HOED THIBJ II~OY FNN IN SUIL~ICE, INC Notary Printed Name GOODLETTE ROAD / PELICAN MARSCH OVERPASS PROPOSED 6-LANING ROUGH PRELIMINARY COST ESTIMATE STATION 204+20.00 - 226+50.00 ROPOSED ITEM DESCRIPTION UNITS QUANTITY 1 MOBILIZATION LS 1.00 2 CLEARING & GRUBBING AC 4.50 3 1.5" TYPE S-I ASPH.CONC. SY 12833.00 4 2' M1SC A.C.-GUARDRAIL STRIP SY 53.00 5 10" LIMEROCK BASE (PRIMED) SY 12833.00 6 CONC JERSEY BARRIER WALL LF 3000.00 7 12" STABILIZED SUBGRADE SY 12833.00 8 REGULAR EXCAVATION CY 545.00 9 EMBANKMENT CY 24270.00 10 MISC ASPHALT TN 100.00 11 GUARDRA1L LF 160.00 12 END ANCHORAGE ASSEMBLY EA 4.00 13 GRASS WATERING MG 1.40 14 BAHIA SOD SY 6000.00 15 TYPE F CURB LF 3032.00 16 15" RCP LF 168.00 17 CURB INLET TYPE 5 EA 6.00 18 REINFORCED EARTH WALL SF 32200.00 19 TRAFFIC CONTROL LS 1.00 20 EXTEND BRIDGE (@ PELICAN MARSCH BLVD) LS 1.00 21 EXTEND CART CROSSING LS 1.00 SUB-TOTAL 15% CONTINGENCY TOTAL C:~MyFiles~Office~[Goodtette Rd Overpass 1-10-01.xtsISheetl 16B6 OR: Je23 P, 2: 53 UNIT TOTAL COST COST $30,000.00 $30,000.00 $7,300.00 $32,850.00 $3.75 $48,123.75 $7.50 $397.50 ~-'~ $7.00 $89,831.00 $45.00 $135,000.00 $2.75 $35,290.75 $4.50 $2,452.50 $6.25 $151,687.50 $54.00 $5,400.00 $18.00 $2,880.00 $600.00 $2,400.00 $1,000.00 $1,400.00 $1.75 $10,500.00 $8.00 $24,256.00 $21.00 $3,528.00 $2,500.00 $15,000.00 $36.00 $1,159,200.00 $30,000.00 $30,000.00 $590,625.00 $590,625.00 $182,250.00 $182,250.00 $2,553,072.00 $382,960.80 $2,936,032.80 tes based u on our r~hmu'~a estImate of quantIties and This/cost estima ~ ' p , . p ~ ' ,' ry' ' ' · year 2000 estimated unit costs. / ,,,, .','.- .;/: Dan~el'W. Brundage, RE, Forida Reg~Str~ion g i8915 A~oli, Barber & grundage, Inc. / / OR: 2773 PG: 1654 COLLIER COUNTY TRANSPORTATION ENGINEERING AND CONSTRUCTION MANAGEMENT MEMORANDUM Date: To: From: January 11,2001 Jacqueline Hubbard Robinson, Assistant County Attorney Mitch Riley, P.E., Senior Project Manager RE: Goodlette Road / Pelican Marsh Overpass Proposed 6 Laning Preliminary Cost Estimate Attached, please find a certified cost estimate for the above referenced project. The quantities and cost for the subject task have been certified by Daniel W. Bmndage, P.E., Florida Registration # 18915 CC: Project File GOODLETTE ROAD / PELICAN MARSCH OVERPASS PROPOSED 6-LANING ROUGH PRELIMINARY COST ESTIMATE STATION 204+20.00 - 226+50.00 ITEM DESCRIPTION MOBILIZATION 2 CLEARING & GRUBBING 3 1.5" TYPE S-1 ASPH.CONC. 4 2' MISC A.C.-GUARDRAIL STRIP 5 10" LIMEROCK BASE (PRIMED) 6 CONC JERSEY BARRIER WALL 7 12" STABILIZED SUBGRADE 8 REGULAR EXCAVATION 9 EMBANKMENT l0 MISC ASPHALT 11 GUARDRAIL 12 END ANCHORAGE ASSEMBLY 13 GRASS WATERING 14 BAHIA SOD 15 TYPE FCURB 16 15" RCP 17 CURB INLET TYPE 5 18 REINFORCED EARTH WALL 19 TRAFFIC CONTROL 20 EXTEND BRIDGE (~ PELICAN MARSCH BLVD) 21 EXTEND CART CROSSING SUB-TOTAL 15% CONTINGENCY TOTAL C:~yFiles~Office~Goodlette Rd Overpas~ 1-~O-01.xlslSheetl 1686 *** OR: 2773 PG: 1655 29-Oct- 1997 updated lO-Jan4001 ROPOSED UNIT UNITS QUANTITY COST LS 1.00 $30,000.00 AC 4.50 $7,300.00 SY 12833.00 $3.75 SY 53.00 $7.50 SY 12833.00 $7.00 LF 3000.00 $45.00 SY 12833.00 $2.75 CY 545.00 $4.50 CY 24270.00 $6.25 TN 100.00 $54.00 LF 160.00 S 18.00 EA 4.00 $600.00 MG 1.40 $ 1,000.00 SY 6000.00 $1.75 LF 3032.00 $8.00 LF 168.00 $21.00 EA 6.00 $2,500.00 SF 32200.00 $36.00 LS 1.00 $30,000.00 LS 1.00 $590,625.00 LS 1.00 $182,250.00 This/C~st estimate is based upon our prelim/nary estimate of quantities and year 2000 estimated unit ,, '~ ~ / ~' . costs. D . g , , oridaRegistrajion # 18915 Agnoli, Barber & ISrundage, Inc. , / i..,., EXHIBIT TOTAL COST $30,000.00 $32,850.00 $48,123.75 $397.50 $89,831.00 $135,000.00 $35,290.75 $2,452.50 $151,687.50 $5,400.00 $2,880.00 $2,400.00 $1,400.00 $10,500.00 $24,256.00 $3,528.00 $15,000.00 $ I, 159,200.00 $30,000.00 $590,625.00 $182,250.00 $2,553,072.00 $382,960.80 $2,936,032.80