Loading...
E.M.S. SiteTO: FROM: DATE: Re: Memorandum Ellie Hoffman Records Technician III Minutes & Records Management Cindy Erb Real Property Specialist III, Site Acquisition Real Property Management Department May 3, 2001 Santa Barbara Boulevard -7-Acre E.M.S. Site Please find attached one (1) ori!;linal recorded Special Warranty Deed and one (1) ori_qinal Agreement for Sale and Purchase for the above referenced project. The Board of County Commissioners of Collier County, Florida approved the acquisition on September 12, 2000, Item 16(F)(2). Please contact me if you have any questions or comments at x8917. Thank you. attachments as stated Cc: Tax Appraiser's Office w/attachment (Deed only) Inventory File w/attachment Office of the Real Property Management Department PROJECT:EMS Site- Santa Barbara PARCEL: part of 00399840007 2785687 OR: 2814 PG: 0848 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/26/2001 at 02:16PM DWIGHT E BROCK, CLERK CONS 557256.00 RBC ~BB I9.50 COPIES 4,00 Retn: REAL PROPERTY BXT 8991 IN?ER OFFICE SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made this { q~'~- day of ~pr-;] , 2001, by the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, (hereinafter singularly or collectively 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 their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. THZ$ CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY CO#NZSSZONERS, COLLIER COUNTY, FLORZDA, OR: 2814 PG: 0849 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: (Signature) ~)¢;'r,' ~ (Print Name) (Signature) (Print Name) DISTRICT SCHOOL BOARD COLLIER COUNTY, FLORIDA OF THE SCHOOL BOARD OF COLLIER COUNTY, FLORIDA 'AN~I~ ~0ODNI~HT, Chairman ATTEST: Superintendent of Schools and Ex-Officio Secretary (Print Name) STATE OF ~1~-I ~, COUNTY OF ~_.~ Llt~ r' The foregoing Special Warranty Deed was acknowledged before me this {(~ day of ,q.~-I I ,2001 by Anne Goodnight, as Chairman of The School Board of Collier County, Florida, on behalf of the District School Board Of Collier County, Florida,~all¥ known-~o m~or who has produced [type of identification] as identification. WITNESS my hand and official seal this I~'']A day of ~.z)~'i ( , 2001. (affix notarial seal) MY COMMISSION ~ C~/048 ~ne 24, 2004 (Signature of Nota~ Public'). SHARON K LEAl (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) My Commission Expires: ' Ass~'tan~ Count~ Attornej~ OR: 2814 PG: 0850 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIA.MI TRAm NAPLBS, FLORIDA 34112 (941)774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PP,.OYflCT NO.. PARCEL NO,.. FOLIO NO... EX .2L COMMENCING AT TI-lB SOUTHWI/ST CORNER OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLII/R COUNTY, FLORIDA; THENCE NORTH 0 DEGREES 14 NilNUTBS 52 SECONDS WEST ALONG THE WEST LINE OF SAID SECTION 4, A DISTANCE OF 1395.42 FEET; THENCE NORTH 89 MINUTI/808 SECONDS EAST, ~ DISTANCE OF 60.00 FEET TO THE POINT O1~ EEl]INNING; THI'-NCE NORTH 0 DEGREES 14 MINUTES 52 SECONDS WEST, DEGP, BES 40 MINUTES 03. SECONDS EAST, A DISTANC]~ OF 40.00 FEET; THENCE NORTH 0 DE(]I~J~ES 14 MINUTES.S2 SECONDS WEST, A DISTANCE OF 104.87 FEET; THENCE NORTH 89 DEGREES 43 MINUTES 08 SECONDS BAST, A DISTANCE OF 608.21 FBBT; THeNcE SOUTH 0 DB(lEERS 14 MINUTES 52 SECONDS BAST, A DISTANCE OF 502.67 FEET; THBNCB SOUTH 89 DB(lEERS 43 MINUTES 08 SECONDS WEST, A DISTANCE OF 50.95 FEET; THENCE NORTH 0 DEGREES 11 MINUTES 08 SECONDS WEST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 89 DBGI~B$ 43 MINUTES 08 SECONDS WEST, A DISTANCE OF 557.29 FEET; THENCE SOUTH 0 DBi31~BS 14 MINUTES 52 SBCONDS EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 89 DEGREES 43 MINUTES 08 SECONDS WEST, A DISTANCE OF 40.00 FEET TO POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 7.000 AC[~S (304,920 SQuAIu~ FEET), MORE OR LBSS. · ~GEOReE R. RICHMOND . PROFE881ONAL ~ND SURVEYOR-FL. REG. ~ 2408 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNW GOVE~MENT COMPLEX '3301 EAST TAMIAMI T~IL NAPLES, FLORIDA 34112 SHEET 1 OF 2 *** OR: 2814 PG: 0851 *** PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION ~' NOT A SURVEY EX,-mrr_: 40.00' GENERAL NOTE8 1) P.O.O. = POINT OF OOMMENCEMENT 2) P.O.B. - POINT OF BEGINNING 8) SEC. "8EOTION 4) TWP.= TOWNBHIP 6) ROE. - RANGE 8) ~/- RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMAL8 THEREOF 8) NOTVALID UNLEa8 81GNED AND BEALED WITH THE [. EMBOSBED SEAL OF A PROFE881ONAL LAND 8URVEYOR NOT TO SCALE OCTOBER 31, 2000 8BAREM8 SHEET 2 OF 2 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into this~ ~f-day of"~)~,e~.x~' , 2001 (hereinafter referred to as the "Effective Date"), by and between the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WlTNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as follows: See attached Exhibit "A" which is incorporated herein by reference. The Property represents the Southwest seven (7) acres of that parcel of land acquired by Warranty Deed, dated January 5, 2000, between Royce O. Stallings, Grantor, and the District School Board of Collier County, Florida, as Grantee, as recorded in O.R. Book 2628, Page 3434, of the Public Records of Collier County, Florida (Folio Number: 0039984007). WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase pdce (the "Purchase Price") for the Property shall be Five Hundred Fifty Seven Thousand Two Hundred Fifty Six and No/100 Dollars, ($557,256.00), (U.S. Currency) payable at time of closing. In addition, Purchaser agrees to reimburse Seller for Purchaser's share of actual expenses incurred by Seller's acquisition of the Property's parent tract, as provided in this Section 2.01. These expenses shall be Three Thousand and No/100 Dollars ($3,000.00) based upon half of the actual cost of obtaining two (2) independent appraisal reports required pursuant to Section 125.355, and Five Thousand Two Hundred Twenty Two and No/100 Dollars ($5,222.00) based upon a prorated acreage share of actual costs associated with obtaining environmental reports on the Property's parent tract. The total amount Purchaser shall reimburse Seller for actual expenses incurred shall not exceed Eight Thousand Two Hundred Twenty Two and No/100 Dollars ($8,222.00). Said actual expenses shall be added to the amount due from Purchaser at Closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred twenty (120) days following Effective Date of this Agreement by the Purchaser but not later than April 30, 2001, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications except those matters of title shown on the title commitment dated, October 8, 2000 issued by First Title and Abstract, Inc., as it may be amended or supplemented (hereinafter referred to as the "Commitment"). Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Special Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price and other expenses provided for in Section 2.01. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, unless the Title Company is irrevocably committed to insure the "gap". 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of any Owner's Form B Title Policy, issued at the written direction of Purchaser shall be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated and credited based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as .specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 If the Commitment shall reflect that Seller's title is subject to matters which render title to the Property unmarketable or uninsurable, and Purchaser notifies Seller of Purchaser's objections to the same in writing no later than March 15, 2001, time being of the essence, Purchaser's objections shall be treated as defects in title, and remedied by Seller pursuant to Section 4.012. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of the Effective Date of this Agreement. V. APPRAISAL PERIOD This Section is deleted based upon the Purchaser's ability to utilize the same two (2) independent appraisal reports obtained by the Seller pursuant to Section 125.355, Florida Statutes. VI. INSPECTION PERIOD 6.01 Purchaser shall have sixty (60) days from the Effective Date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with ail applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property and restore the Property to its prior condition. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes, if any, next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2000 taxes, and shall be credited by Seller to Purchaser on the closing statement. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent (1%) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 13.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. Seller's indemnity obligation provided in Section 6.03 is not subject to this liquidated damage clause. 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. Xl. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full dght and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 To the best of Seller's knowledge, there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. To the best of Seller's knowledge, the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. To the best of Seller's knowledge, no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. To the best of Seller's knowledge, none of the Property has been used as a sanitary landfill. 11.018 To the best of Seller's knowledge, the Property is not in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 To the best of Seller's knowledge, there are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 To the best of Seller's knowledge, there are no suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agrbement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not .cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 6 Xll. NOTICES 12.01 All notices, demands, requests, or other communications made pursuant to, under or by virtue of the Agreement must be in writing and either hand delivered, delivered by overnight courier or telecopier or facsimile transmission, or mailed through the United States Postal Service by certified or registered mail, return receipt requested, to the party to which the notice, demand, request or communication is being made, as follOws: If to Purchaser: Real Property Management Department W. Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 Phone: (941) 774-8991 Facsimile: (941) 774-8876 With a copy to: Heidi F. Ashton Assistant County Attorney Office of the County Attorney W. Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 Phone: (941) 774-8400 Facsimile: (941) 774-0225 If to Seller: Dave Lasansky, Director Facilities Planing and Construction c/o District School Board of Collier County, Florida Collier County Public Schools 3710 Estey Avenue Naples, Florida 34104 Phone: (941) 593-2533 Facsimile: (941) 593-2546 With copy to: Gregory L. Urbacic, Esq. Roetzel & Andress, L.P.A. Trianon Centre, Third Floor 850 Park Shore Drive Naples, Florida 34103 Phone: (941) 649-6200 Facsimile: (941) 261-3659 or to such other address as may be hereafter designated by either Purchaser or Seller by giving notice to the other party. Any notice, demand, request or other communication shall be deemed to be given upon actual receipt in the case of hand delivery, facsimile or telecopier transmission, or delivery by overnight courier, or four (4) business days after depositing the same in a letter box or by other means placed within the procession of the United States Postal Service, properly addressed to the party in accordance with the foregoing and with the proper amount of postage affixed thereto. In the event of any notice via telecopier or facsimile transmission, a hard copy shall be sent via certified mail, return receipt requested on the day of such transmission. Any such transmission received after 5:00 p.m. Eastern Standard Time (or Daylight Savings Time, if then applicable) shall be deemed to have been given on the next following business day. For purposes of delivering and receiving any notices, demands, requests or other communications under this Agreement, the attorneys for Purchaser may directly contact Seller and the attorneys for the Seller may directly contact Purchaser, but copies of any of these direct communications must be sent or delivered and must also be sent or delivered to the attorney for the respective party. The respective attorneys for both Seller and Purchaser are hereby expressly authorized to give or receive any notice, demand, request or to make any other communications pursuant to the terms of this Agreement on behalf of their respective clients. XIII. REAL ESTATE BROKERS 13.01 Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Purchaser shall indemnify Seller and hold Seller harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Purchaser as a real estate broker, salesman, or representative ' in connection with this Agreement. XlV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to ar~y other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. 15.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall not be assignable or transferable. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: September 12, 2000 AS TO PURCHASER: ~" (~? :',:::';~~?~: BROCK, Clerk ...... /:...~ ...... , Deputy Clerk Attest as to Chal~'s sl~ature ~1~. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAME CARTER, Ph.D., Chairman Approved as to form and legal sufficiency: H~idi F. Ashton Assistant County Attorney AS TO SELLER: DATED: WITNESSES: (Signature) (Printed' Name) (Si~naturo) (Printed N~me) DISTRICT SCHOOL BOARD COLLIER COUNTY, FLORIDA OF THE SCHOOL BOARD OF COLLIER COUNTY, FLORIDA BY: ATTEST: Superintendent of Schools and Ex-Officio Secretary (Print Name) 10 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIA.MI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO.. PARCEL NO... FOLIO NO... COMMENCING AT THE SOUTHWEST CORNER OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 BAST, COLLIER COUN'I~, FLORIDA; THENCE NORTH 0 DEGREES 14 MINUTES 52 SECONDS WEST ALONG THE WEST LBqE OF SAID SECTION 4, A DISTANCE OF 1395.42 FEET; THENCE NORTH 89 DEOKEES 43 MINLrrEs.08 SECONDS EAST, A DISTANCE OF 60.00 FEET TO THE POINT O1? BEGINNING; THENCE NORTH 0 DEGREES 14 MINUTES 52 SECONDS WEST, A DISTAI~CE OF 39~.76 FEET; THENCE NORTH 89 DEGREES 40 MINUTE8 03. SECONDS EAST, A DIBTANCE OF 40.00 FEET; THENCE NORTH 0 DEGREES 14 MINUTES 52 SECONDS WEST, A DISTANCE OF 104.87 FEET; THENCE NORTH 89 DEGREES 43 MINUTES 08 SECONDS EAST, A DISTANCE OF 608.21 FEET; THENCE SOUTH 0 DEGREES 14 MINUTES 52 SECOND,q EAST, A DISTANCE OF 502.67 FEET; THENCE SOUTH 89 DEGREES 43 MINUTES 08 SECONDS WEST, A DISTANCE OF 50.95 FEET; THENCE NORTH 0 DEGREES 11 MINUTES 08 SECONDS WEST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 89 DEGREES 43 MINUTES 08 SECONDS WEST, A DISTANCE OF 557.29 FEET; THENCE SOUTH 0 DEGREES 14 MINUTES 52 SECONDS EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 89 DEGREES 43 MINIYTES 08 SECONDS WEST, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGIIN'NING; SAID DESCRIBED TRACT CONTAINING 7.000 ACRES (304,920 SQUARE FEET), MORE OR LESS. · ........ COLLIER COUN~ GOVERNMENT COMPLEX 3301 EAST TAMIAMI T~IL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY EXHIBIT.2 ' S01.21' ~ , , ~ 7.000 ACRBS ' [ : GENERAL NOTES '!) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP.= TOWNSHIP 6) ROE. = RANGE 6) R/W *' RIGHT OF WAY -. 7') ALL DISTANCES ARE IN FEET AND DECIMAL8 THEREOF 8) NOT VALID UNLESS 81GNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR t.n~WN BY , t~nb~KaU u¥ ~_4~LE DA1"8. FILE NO. NOT TO SCALE OCTOBER 31, 2000 SBAREMS SHEET 2 OF 2 Memorandum TO: FROM: DATE: RE: Ellie Hoffman Records Technician III Minutes & Records Managemen~t~ J. Keith Gomez //~~~~ Sr. Property A_c~ Specialist Real Property M?ta~gement Department February 7, 2002 Santa Barbara Boulevard - EMS Station # 19, Project #80118 With regard to the above-referenced project, please find attached one (1) original recorded Easement Agreement and Non - Exclusive Access Easement. The Board of County Commissioners of Collier County, Florida approved the Agreement for the acquisition of the easement rights on December 11, 2001, pursuant to Agenda Item 16(F)l. Please contact me, if you have any questions or comments, at extension 8845. Thank you. attachments as stated CC: Property Appraiser's Office w/attachment Inventory File w/attachment Project Contractor's File w/attachment 2923235 OR: 2970 PG: 3324 R~¢ORDRD in O~ICIAL RRCOIll),~ of COLLIItR COUNTY, ~L 01/28/2002 at 01:41PH DSIGHY B. BROCL ~C ~H 3~.00 7. O0 PRO~CT: Santa Barb~620~ School Board - Acce~ ~AL P~0P~TY IN~R O~IC~ EASEMENT AGREEMENT AND NON-EXCLUSIVE ACCESS EASEMENT THIS EASEMENT AGREEMENT AND NON-EXCLUSIVE ACCESS EASEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, (hereinafter referred to as "Grantor"), whose post office address is 3710 Estey Avenue, Naples, Florida 33942, and COLLIER COUNTY, A POLITICAL SUBDWISION OF THE STATE OF FLORIDA, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of that certain real property legally described on Exhibit "A" attached hereto and made a part hereof CGrantor's Property"); and WHEREAS, Grantee is purchasing from Grantor that certain real property legally described on Exhibit "B" attached hereto and made a part hereof ("Grantee's Property"); and WHEREAS, Grantee has requested that Grantor convey to Grantee a perpetual, non-exclusive access easement for the purpose of ingress and egress over, upon and across that portion of Grantor's Property described on Exhibit "C" to and from Grantee's Property (the "Easement Area"); and WHEREAS, Grantor has agreed to convey, at no cost to the Grantee, a perpetual, non-exclusive access easement for the purpose of ingress and egress over, upon and across the Easement Area; and WHEREAS, the easement granted herein shall constitute easements running with the land and shall burden the lands described on Exhibit "C"; and WHEREAS, the land described on Exhibit "C" is not homestead property of the Grantor; and WHEREAS, Grantee has agreed to construct an access connection on the terms and conditions contained herein between Grantee's Property and the future access road to be constructed by Grantor in the Easement Area; and WHEREAS, during Grantee's construction of the access connection, Grantee shall not impede Grantor's current use of the Easement Area, as a mode of ingress and egress to Grantor's school facility; and WHEREAS, Grantee agrees that Grantor shall be required to approve the location of the access connection, in conjunction with Grantee's transportation standards for access management; and WItEREAS, Grantor shall not unreasonably delay the approval of the location of the access connection; and WHEREAS, Grantor agrees to convey, at no cost to Grantee, temporary construction easements to Grantee in order to complete access improvements to Grantee's Property on the terms and conditions contained herein; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. The foregoing recitals are true and correct and incorporated herein by this reference. 2. Grantor conveys, grants, bargains and sells unto Grantee, a perpetual, non-exclusive easement, license, and privilege for vehicular and pedestrian ingress and egress to and from Grantee's Parcel over and across the driveway to be constructed by Grantor on the Easement Area. OR: 2970 PG: 3325 3. Grantee shall be responsible at its sole cost and expense for the construction of an access connection between Grantee's Property and the future road to be constructed by Grantor within the Easement Area (the "Access Connection"). During Grantee's construction of the Access Connection, Grantee shall not impede Grantor's current use of the Easement Area, as a mode of ingress and egress to the Grantor's school facility or impede any construction activities of Grantor within the Easement Area. 4. Grantor's construction activities shall not unreasonably impede the Grantee's construction of the Access Connection or use of the Easement Area and Access Connection. 5. To ensure continued and unimpeded access by Grantor and motorist and pedestrian safety, Grantee agrees to submit to Grantor a design plan for the Access Connection (including any future modifications) for Grantor's review and consent, which consent shall not be unreasonably delayed or withheld. All design plans shall meet generally acceptable engineering standards and practices so as to provide for motorist and pedestrian safety. (a) The parties hereto acknowledge that time is of the essence in obtaining Grantor's approval of access connection plan so that construction may commence and proceed according to scheduling, and Grantor agrees to use all due diligence in review and consent of the proposed plans. 6. Grantee agrees that the Access Connection and any future improvements or modifications thereto made by the Grantee, which are implemented or constructed in accordance with the plans to be approved now or in the future pursuant to preceding paragraph, shall be made at the sole cost and expense of the Grantee. 7. Grantor agrees to convey, at no cost to the Grantee, any necessary temporary construction easements to the Grantee in order to complete the Access Connection, provided, that such temporary easements are approved in accordance with Paragraph #5 above. No construction of the Access Connection shall commence until such time as the plan for the Access Connection has been approved. Upon completion of construction, Grantee shall restore, replace and/or repair any landscaping, fencing or irrigation damaged or removed by Grantee, or it's agents or contractors, during construction. In addition, any damage to the Grantor's property caused by the Grantee as a result of the construction of the access connection shall be repaired or corrected at the expense of the Grantee. 8. Grantor will be solely responsible for the maintenance of the Easement Area; provided, however, that the Grantee shall share in the cost of maintenance of the paved roadway only (including but not limited to paving, striping, and sealing), which is utilized by the Grantee and is located within the Easement Area, based upon the estimated percentage of traffic attributable to each of the parties over and across the paved roadway. The Grantor shall provide reasonable notice to the Grantee as to any maintenance activities and the estimated cost of said maintenance activities. The parties may agree to hire an engineer or other consultant acceptable to all parties to perform a traffic study to determine the percentage of traffic attributable to each of the parties for purposes of this paragraph. 9. To the extent permitted by law, Grantee shall indemnify, defend, save and hold harmless the Grantor, the Grantor's officers, agents and/or employees from and against any suits, demands, claims, liability, losses, penalties, damages, judgments, order, decrees, and costs and expenses (including attorneys' fees and all costs of litigation) for property damage, liability, or death which may result from any willful misconduct or negligent act, error, or omission of the Grantee which occurred or is alleged to have occurred concerning the use by Grantee of the Easement Area. This indemnification provision shall not be construed as a waiver of any limitation of liability to which the Grantee may be entitled under Section 768.28, Florida Statutes. 10. In the event that Grantee's Parcel shall ever cease to be owned or used exclusively by Grantee or any governmental entity, this Agreement shall automatically terminate and the easement contained herein shall be of no further force or effect. 11. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 12. Conveyance of the Easement Area by Grantor is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 2 OR: 2970 PG: 3326 13. Grantor may impose reasonable restrictions and/or requirements in connection with the use of the Easement during periods of the construction of the access connection, including limiting the time for delivery of materials, fencing or other requirements as may be deemed necessary by Grantor in order to facilitate the operations of Grantor's school facility or the safety of its students. 14. Florida. This Agreement is governed and construed in accordance with the laws of the State of 15. This Agreement shall be recorded in the Public Records of Collier County, Florida. IN WITNESS WHEREOF, the undersigned parties have caused these presents to be executed this /~day of ~ ,200:a-: DATE ACQUISITION APPROVED BY BCC: AS TO GRANTEE: DATED: Deputy Clerk BOARD OF COUNTY COMMISSIONERS JAMES D~L/ARTER, PH.D., Chairman OR: 2970 PG: 3327 AS TO GRANTOR: DATED: WITNESSES: /(Signature) /~/d~> /~7~iOnted Name) (Signature) (Printed Name) DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA THE SCHOOL BOARD OF COLLIER COUNTY, FLORIDA AN ODNIGI, IT, Madame Chair STATE OF FLORIDA ) ) SS. COUNTY OF COLLIER ) The foregoing instrument was acknowledged before me this ~ day of D~2~:e-rnb-er" , 2001 by ANNE GOODNIGHT, Chair, District School Board of Collier County, Florida, The School Board of Collier County, Florida, who ~ is personally known to me or ( ) has produced as identification. (SEAL) NOTARY PUBLIC Name: ~'/~/O /~_. /~',4 L My Commission Expires: Superintendent of Schools and Ex-Officio Secretary (Print Name) Approved as to form and le, g a] sufficiency: H~di ~. ~shton Assistant County Attorney 360792_5 4 OR: 2970 PG: 3328 LEGAL DESCRIPTION All that part of Section 4, Township 50 South, Range 26 East, Collier County, Florida, being more particUlarly described as follows: The Northwest one-quarter (I/4) of the Southwest one-quarter (1/4) of said Section 4 less and except the following: The Westerly 60 feet of the Northwest one-quarter (1/4) of the Southwest one- quarter (1/4) of said Section, and The East 40 feet of the West 100 feet of the North 300 feet of the South one-half (1/2) of the Northwest one-quarter (1/4) of the Southwest one-quarter (1/4) of said Section, and The South 30 feet of the Southwest one-quarter (1/4) of the Northwest one-quarter (1/4) of the Southwest one-quarter (1/4) of said Section 4 less the Westerly 100 feet. COMMENCING AT ~ soLrI~WBST CORNER OF SECTION 4, ToWlqsHIP ~0 SOlYI~, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 0 DEGREES 14 ~qlJ'TBIt'52 SECOND~ VEST ALONO THE WEST LINE OF 8AID SECTION 4, A DISTANCB OF 1395.42 F'EBT; THRNCB NORTH 89 DEORBES 43 .MINU'rB8 011 8BCOINDS BAST,/( DISTANCB OF 60.00 FI/BT TO THB POIINT Ol~ BIBGINNINO; THENCE NORTH 0 DBOREI~S 14 MINIYTES 52 SECONDS WIIST, A DISTANCE OF B9~.76 FEBT; THENCE NORTH 89 DBORBBS 40 MINUTBS 03.SBCONDS EAST, A DI~FANCE OF 40.00 FBET; THENCE NOKTH 0 DEORBBS 14 M1NU'[~8 $2 SBCONDS WEST, A DISTANCB OF 11)4.117 FEET; THENCB NORTH 89 DBOItJtBS 43 MINUTES 011 SBCONf)S EAST, A DISTANCB OF 6011.21 FEET; THENCE SOUTH 0 DBOREES 14 MllqU'I'B~152 SECONDS EAffr, A DISTANCE OF 502.67 FBET; THENCE SOUTH 119 DBORItBS 43 MINUTES 08 SECOND8 WEST, A DISTANCB OF 50.95 FItBT; THENCE NORTH 0 Dt!ORBES 11 MINUTES 08 SECOND8 WEST, A DIffrANCE OF 30.00 FBET: THENCE SOLrrH 119 DBORBES 43 ldINUTES 08 SECOND8 WEST, A DISTANCE OF 557.29 FBBT; THENCB SOUTH 0 DBORBB8 14 MINUTES .52 SBCONDS EAST, A DISTANCE OF 30.00 FBttT; THBNCE SOUTH 119 DEORI;III.~q 43 MINUTES 08 SBCOND8 WEST, A DISTANCE OF 40.00 FBET TO THE I'OI~T O2ff BEOINNINfil; 8AID'DttSURIBttD TRACT CONTAININO 7.000 ACRtlS (304,920 .SQUbOUt FEET), MORB OR LBS8; Commeneo at the West Quarter Comer of Section 4, Township 50 South, Range 26 East, Collier County, Florida, thence N 89°36'57' E 60.00 f~t to the POINT OF BEGINNING; thence continue N 89° 36'57" 1~. 40.00 feet; thence S 00° 14'52" E 120.00 feet; thenco N 89 °36'57" E 303.47 feet; thence 00°00'12' E 773.48 feet; thence S 89°43'08'' W300.17 feet; thence N 00° 14' 52" W 195.13 feet; thence S 89° 40'03" W 40.00 feet; thence N 0° 14'52" W 697.76 feet to the POINT O~F · BEGINNING. EXHIBIT. TRANSPORTATION ENGINEERING DEPARTMENT 3301 EASTTAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCIt OF DESCRIPTION NOT A SURVEY N 89°36'51"E 60.00' 40.00' PO.C. P.O.B, SEC 4~TWP 50 S RGE 26 E ~ N 89"36'~.7"E 30~ 47' .w r- SC}IOOL PARCEl, 5~998 ACRES ~ S 89°'I0'03"W O / q000' < z ~ 608.2 i E.M.S. PARCEL LEGAL DESCRIPTION COMMENCE AT'FIlE WEST QUAR'FER CORNER OF SECFION 4, TOWNSIIIP 50 SOUTII, RANGE 26; E^ST COLLIER COUNTY, FLORIDA, TIIENCE N 89°36'51'' E 60.00 FEET TO TIlE POINT OE BEGINNING; TIIENCE CONHNUE N 89036'57.. E 40.00 FEET; TIIENCE S 00°14'52" E 120.00 FEET; TIIENCE N 89°36'51" l! 30~.47 FEET; 'HIENCE S 00°00'12'' E 773.48 FEET; TIIENCE S 89°43'08'' W 300.17 FEET; TIIENCE N 00°14'52' W 195.13 FEET; TIIENCE S 89°40'03'' W 40.00 FEI?F; TIIENCE N 0°14'52.. W 69~76 FEfH' TO TIlE POINT OF IIEGINNING CONTAINNING 5,998 ACRES MORE OR I [;-SS. EXHIBIT_ GENERAL NOTES P~;~~of I, 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3):SEC. = SECTION PREPARED BY: 4) TWP.: TOWNSHIP / 5) RGE. = RANGE 6) RAN = RIGHT OF WAY ~ORGE R. RICHMOND P.L.S. 2406 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL 8) NO/VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112 EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DRAWN BY CHECKED BY SCALE DATE FILE NO NOT TO SCALE OCTOBER 9, 2001 SBSCD SHEET 1 OF 1 TRANSPORTATION ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY N 89°36'57"E P.O.B. ! 3 303.98' I P.O.C. W I/4 COR. SEC 4, TWP 50 S ~ ~ -- RGE 26 E ;2: ~S 89°36'57"W 303.47' t-, to ua SCtlOOL PARCEL 5.998 ACRES < ! S 89°40'OY'W O / 40.00' < < z ~o 608.21' E.M.S. PARCEL LEGAL DESCRIPTION COMMENCE Al' 'rile WEST QUARTER CORNER OF SECTION 4, TOWNSilIP 50 SOUTtt, RANGE 26; EAST COLLIER COUNTY, FI.OR[DA, TIIENCE N 89036'57'' E 100.00 FEET TO TIlE POINT OF BEGINNING; '['[IENCE CONTINUE N 89036'57" E 303.98 FEET; THENCE S 00°000'12" E 120.00 FEET; TIIENCE S 89036'57'' W 303.47 FEET; TIIENCE N 00014'52'' W 120.00 FEE'['; TO TIlE POINT OF BEGINNING. CONTA|NNING 0.837 ACRES MORE OR LESS. GENERAL NOTES ,>P.O.O.:PO,,TOFOOM ENOEME,T EXHIBIT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION~n~,,~,,~ PREPARED BY: .~ · 5) RGE. = RANGE _ _ 6) R/W= RIGHT OF WAY ~6-~E ~.-~[&-1~-6-1~l-~ [~-](.[~7-~6 ............. ~ COLLIER COUNTY PUBLIC WORKS 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112 EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DRAWN BY CHECKED BY SCALE DATE FILE NO. NOT TO SCALE NOVEMBER 26, 2001 SBAE SHEET 1 OF 1