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Parcel190ABD,790BCDF,890ACPURCHASE AGREEMENT THIS AGREEMENT is made and entered into by and between WATERWAYS JOINT VENTURE, a Florida General Partnership, WATERWAYS JOINT VENTURE III, a Florida General Partnership, and WATERWAYS OF NAPLES HOMEOWNER'S ASSOCIATION, INC., (hereinafter collectively referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of those certain parcels of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference; and WHEREAS, Purchaser has exercised its power of eminent domain in order to acquire certain property for the construction of improvements to Immokalee Road and has initiated condemnation proceedings for that purpose; and WHEREAS, Purchaser is desirous of purchasing perpetual non-exclusive drainage easements in Parcels 890A and 890C, to which Seller is agreeable; and WHEREAS, Purchaser is desirous of purchasing a fee simple interest in Parcels 190A, 190B and 190D, to which Seller is agreeable; and WHEREAS, Purchaser requires temporary construction easements as identified by Parcels 790B, 790C, 790D and 790F,., for purposes of constructing the proposed roadway improvements and to re-construct an existing access connection, to which the Seller is agreeable; and WHEREAS, Purchaser desires to acquire all such property interests as described in Exhibit "A," for purposes of four-laning Immokalee Road, subject to the conditions and terms hereinafter set forth, to which Seller is agreeable. NOW, THEREFORE, and in and for the mutual covenants and respective undertakings of the parties hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 1. The foregoing recitals are true and correct and are incorporated herein by the parties as part of this Agreement. 2. In consideration of the sum of $172,000.00 and upon the terms and conditions hereinafter set forth, Seller shall grant and convey to Purchaser all of the Property more particularly described in Exhibit "A" and commonly referred to by the parties as Parcels 190A, 890A, 190B, 790B, 890C, 790C, 190D, 790D and 790F, together with all rights, privileges, tenements, hereditaments and appurtenances in any way related to, pertaining to or accruing to the benefit of the Property. 3. The Seller accepts the payment of $172,000.00 as full compensation for the Property interests taken and for any damages resulting to the remainder, if less than the entire property was taken and for all other damages in connection with said Property. The Purchaser agrees to pay an attorney's fee in the amount of $18,500.00, which fee is based on the statutory benefits obtained by the Seller's attorney on behalf of the Seller. In addition, Purchaser agrees to pay a reasonable and necessary expert fee for Seller's landscape architect, Christian Andreas. The terms reasonable and necessary shall have the meaning applied in Chapter 73, Florida Statutes, and the decisional law interpreting said statutes. 4. The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on August 2, 2002, 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 parties agree that TIME IS OF THE ESSENCE in closing this transaction. The procedure to be followed by the parties in connection with the Closing shall be set forth below. 5. Waterways Joint Venture (WJV) and the Waterways of Naples Homeowner's Association, Inc. (HOA) shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications as to Parcels 190A, 190B and 190D. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At or before the Closing, the WJV and HOA 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: A. Warranty Deed in favor of Purchaser conveying fee simple title to Parcels 190A, 190B and 190D, free and clear of all liens and encumbrances other than: (1) The lien for current taxes and assessments. (2) Such other easements, restrictions or conditions of record. (3) OGM rights reserved by virtue of instrument recorded at Deed Book 30, Page 86. B. Warranty Deed from Naples Orangetree Ltd. in favor of Waterways Joint Venture, conveying fee simple title to Parcels 190B, 790B and 790D. C. 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. D. A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. mo Such evidence of authority and capacity to Seller and its representatives to execute and deliver this Agreement and such other documents as may be required to consummate the transaction contemplated hereunder as Purchaser's counsel and/or the to Title Company may reasonably determine. (Partnership Affidavit) 6. WJV and Waterway Joint Venture III (WJV3) shall each grant a non-exclusive drainage easement (identified as Parcels 890A and 890C, respectively) in favor of the Purchaser in a form acceptable to the Purchaser. 7. Seller will grant temporary construction easements (identified as Parcels 790B, 790C, 790D and 790F) in favor of Purchaser with a duration period of three years from the commencement of the construction of the Immokalee Road (Phase I) project. These easements will be in a form acceptable by the Purchaser. 8. At the Closing, the Purchaser shall cause to be delivered to the Seller, or its designee, a negotiable instrument (County Warrant) in an amount to include the agreed-upon compensation ($172,000.00), attorney's fee ($18,500.00), and the expert fee, but only to the extent that the expert fee is not disputed by the Purchaser. 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, and the Title Company is irrevocably committed to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. Funds payable to the Seller representing the cash payment due at Closing shall be subject to adjustment for prorations as thereinafter set forth. 9. At closing, the Seller shall provide a properly executed Drainage Maintenance Agreement in a form acceptable to County. 10. Seller, at its sole cost and expense, shall pay the cost of recording any instrument necessary to clear Seller's title to the Property. The cost of a title policy and title commitment shall also be paid by Purchaser. Purchaser shall pay for the cost of recording the Warranty Deeds and Easements. Real Property taxes shall be prorated through the date of Closing based on the current year's tax and paid by Seller. 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. 11. Upon execution of this Agreement by Seller, the Purchaser shall provide a copy of its title commitment and Schedule B requirements. Seller shall have five (5) days within which to notify Purchaser in writing of any objection to such requirements. In the absence of any objection, Purchaser shall expect Seller to meet said requirements, unless specifically excepted herein. If Seller objects as provided herein, Purchaser may deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. In the event Seller fails to object and/or fails to meet the Schedule B requirements, such failure shall constitute a failure to deliver clear and marketable title and a breach of this Agreement. 12. If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, Purchaser may, at its option, (a) extend this Agreement for an additional thirty (30) days by giving written notice of such extension to Seller, or (b) terminate this Agreement by giving written notice to Seller. Purchaser shall have the fight 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. In the event Purchaser agrees to extend the closing date an additional thirty (30) days, due to Seller's inability to perform the covenants and/or agreements contained in this Agreement, the parties agree that Purchaser shall not be subject to any increase in compensation. 13. Seller and Purchaser represent and warrant the following: A. Seller and Purchaser have full right 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. B. Seller has full fight, 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. C. The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. D. Seller represents that it has no actual 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, with the exception of the condemnation actions currently pending against the Property in the Circuit Court of the Twentieth Judicial Circuit. E. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. F. 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 fights 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. G. Seller knows of 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 no actual knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents that during the Seller's ownership of the property it 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 that 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 no actual knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller has no actual knowledge that storage tanks for gasoline or any other substances were installed on the Property at any time during Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill during the Seller's ownership thereofi Seller has no actual knowledge or has otherwise received notice of (1) any spill on the Property, (2) any existing or threatened environmental lien against the Property or (3) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive closing for one year and is not deemed satisfied by conveyance of title. H. Seller has no actual knowledge that the Property and Seller's operations concerning the Property are 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. I. 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. J. Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefore, 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, with the exception of two condemnation actions regarding the subject property currently pending in circuit court in the Twentieth Judicial Circuit; 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 Agreement. K. 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. 14. This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 15. 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. 16. 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. 17. 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 any other provision. 18. 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. The term "day" as used herein refers to a calendar day, not business day. 19. 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. 20. If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 21. This Agreement is governed and construed in accordance with the laws of the State of Florida. 22. 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. IN WITNESS WHEREOF, the parties hereto set forth their hands/seals. Dated Project/Acquisition Approved by BCC: Resolution 02-125 dated February 26, 2002. AS TO PURCHASER: DATED: ATTEST: DWIGHT E~, t~..l~Iqi~,,.C lerk ,,,,,;. · ~ ~[ ~<¢~¢?~, ~ty Clerk '",,, ~'~'~tJ~, ~,,," BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAME~ AS TO SELLER: DATED: _.___W_.itness: . Witness: Print Name: WATERWAYS JOINT VENTURE, III, a Florida general partnership BY: By: WATERWAYS T, INC., a General Panner RICHARD DAIZENPORT, its President / STATE OF /~ 1_ COUNTY OF ~ l [ L e_ r2 The foregoing instrument was acknowledged before me this / &day of ._7'c~/% 2002, by RICHARD DAVENPORT, President of Waterways Development, Inc., a General Partner of WATERWAYS JOINT VENTURE, III, a Florida general partnership, who is personally known to me or who produced (affix notarial seal) as identification. (S~tt~re ofN~a~rfPublic) - - ~5'[,ar~e- r_ ~¢- _,,: /,r..~ ~x dtT. o e.,tt S /~ ~, (Print Name of Notary Public) DATE: WATERWAYS JOINT VENTURE, a Florida general partnership BY: WATERWAYS OF NAPLES, LTD., a Florida limited partnership, a Partner BY: Witness: c~_Lne s s: · Print Name: WATERWAYS DEVELOP/MENT, INC., its General Partner / RICHARD ~AVENPORT, its President STATE OF COUNTY The foregoing instrument was acknowledged before me this ~ day of ._7~./,./ , 2002, by RICHARD DAVENPORT, President of Waterways Development, Inc., General Partner of Waterways of Naples, Ltd., a Florida Limited Partnership and authorized General Partner of Waterways Joint Venture, a Florida general partnership, who is perso~nally known to me or who produced (affix notarial seal) 1~ C~mml~llQn ~ DD 108481 as identification. (Sig~atUre~of Nota~ ~u~b'iic)-- (Print Name of Notary Public) DATED: Print Name: WATERWAYS OF NAPLES HOMEOWNER'S ASSOCIATION, INC., a Florida non-profit corporation BY: H~Vp RIC resident STATE OF COUNTY OF The foregoing instrument was a~_wledged before me this I U day of ,,l ~vl*/ , 2002, by RICHARD DAVENPORT, a~ ~'~sident of WATERWAY~ ~F NAPLES HOMEOWNER'S ASSOCIATION, INC., a Florida non-profit corporation, who is personal~y. known to me or who produced as identification. (affix notarial seal) /~'L~_ ~'~~ (Signature of Notary Public) (Print Name of Notary Public) Commission No. ~ b Commission expires: Appr. t~ved as to form and legal sufficiency: ~'~Ellen T. Chadwell Assistant County Attorney  S89'5.5,,'OS"E 9.02 R=12,214.67 L=550.90 /~ Tan=165.47 A.=I '33'08" R=25.00 L=27.50 Ton=15.1'9 ,'"'" A=.62'33'57" OIL WELL RO._AD.~__ -- -- S.R. 848 N NOT TO SCALE Description: A portion of Tract "C", Waterways of Naples, Unit Two, according to the plat thereof as recorded In' Plat Book 29, Pages 71 through 74 of the Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the Northwesterly Corner of said Tract "C"; thence South 89'53'08" East, along the Northerly Boundary of said Tract "C", for a distance of 9.02 feet; thence South 03'35'47" West, for o distance of 1,495.87 feet to the beginning of a tangential circular curve, concave Easterly; thence run Southerly, along the arc of said curve to the left, having e radius of 12,214.67 feet, through a central angle of 01'55'08", subtended by a chord of 330.89 feet at o bearing of South 02'49'13" West, for an arc length of 550.90 feet to a point on the Southerly Boundary of said Tract "C", and the Northerly Right of Way Line of State Road 848 (0il Well Rood), and on a circular curve, concave Northeasterly, whose radius point bears North 31'01'50" East, a distance of 25;00 feet therefrom; thence run Northwesterly, along the arc of said curve to the right, end along the Southerly Border of sold Tract "C", having a radius of 25.00 feet, through a central angle of 62'53'57", subtended by a chord of 25.96 feet at a bearing of North 27'41'12" West, for an arc length of 27.30 feet to the end of said curve; thence North 03'55'47" Rest, along the Westerly Boundary of said Tract "C", for e distance of 1,801.99 feet, to the POINT OF BEGINNING; Containing 0.386 acres, more or less. Notes: 1. This Is not a survey. 2, Basle of bearing Is plot. 5. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat, unless otherwise noted. SCALE AS NOTED WW2 0014.1 DATE SHEET FB PG DXVi'~ J. HYATT~P.S:M~OR THE FIRM) FLA, LIC. NO. ~834 NOT VALID WITHOUT THE. SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WIL. KI$ON ASSOCIATES I~N C. I ENGINEERS, SURVEYORS 'AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-517;5 FLORIDA BUSINESS LICENSE NO. LB5770 W,O. NO. DRAWN BY FILE NAME EXHIBIT /dC 10/01 IOlll ,~1 1 OF1 RAW CHECKED BY DJH 00-018-000 DWG. NO. IR-L-190A R=50, O0 L=,30.48 Tan=15.73 ~-34"55'26" 12. O0''34"E TRACT "A" '~ WATERWAYS OF NAPLES ~"'!, UNIT FOUR E~-. P.B. ,31, PG. 59-42 L=47.60 I Tan=-25.78 P.O.B. J ~=54'32'58" I 0 50 100 150 Description: I I A portion of Tract' ~'A", Waterways of Naples, Unit Four, according to the plat thereof es recorded in Plat Book 31, Pages 39 through 42, Collier County, Florldo, being more particularly described as follows: Beginning at the Southwesterly Corner of sold Tract "A"; thence North 01'18'26" East, (]long the Westerly Boundary of said Tract '.'A", for o distance of 232.01 feet, to the Northwesterly Corner of said Tract "A", and to a point on a circular curve, concave Easterly, whose radius point bears South 88'41'03" East, a distance of 50.00 feet therefrom; thence run Southerly, along the' arc of said curve to the left, having a radius of 50.00 feet, through a central angle of .34'55'26", subtended by o chord of,. 30.01 feet at a bearing of South 16'08'46" East, for an arc length of 30.48 feet to the end of said curve; thence South 01'18'26" West, for o distance of 87.38 feet; thence South 88'41'34" East, for a distance of 12.00 feet; thence South 01'18'26" West, for a distance of 75.27 feet to o point on a circular curve, concave Southeasterly, whose radius point bears South 34'08'36" East, a distance of 50.00. feet therefrom; thence run Southwesterly, along the arc of said curve to the left, having a radius of 50.00 feet, through a central angle of 54'32'58", subtended by o chord of 45.83 feet ct a bearing of South 28'34'55" West, for an arc length of 47.60 feet, to the POINT OF BEGINNING; Containing 0.062 acres, more or less. No'Les: 1. This is not a survey. 2. Basis of bearing Is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions ore plat unless otherwise noted. EXHIBIT DAVID J.' H~:~¢~,'~,~'I(~. (FOR THE FIRM) . FLA. LIC. N~..5~ NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WI/K! SO I',1 & ASSOCIATES INC. l ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 54104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. L95770 SCALE 'SEC/SUB W.O. NO. DRAWN BY AS. NOTED 0014-.1 DATE SHEET FB PG 10/01 1'OF 1 EAW FILENAME 00-018-O00. DWG CHECKED BY DWG. NO. DJH IR-L-1909 R=~O.O0 L=47.60 Ton ~=25.7 ~.~ 14'32'I UNIT FOU~ ..... P.B. 31, PG. 59-42 UTILITY EASEMEN~'~ 20' LANDSCAPE 'BUFFER  EASEMENT ~N86'24'13"W ~ L4 .oo J'---~ ~N86'24'13"W ~ 9.00' -N89'53'og"w 9.02' POINT OF BEGNNING; N 0 50 100 150 SKETCH DAVID J. HY,~-I', JS.S~. (FOR THE FIRM) FLA. LIC. NO. 583y NOT VAL!D WITHOL1T THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER AND DESCRIPTION WILKISON & ASSOCIATES INC. I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. ;34104 (941) 64;3-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB W.O. NO. AS NOTED WATERW 0014.1 DATE SHEET F8 PG 1 OF2 DRAWN BY FILE NAME EAW 00-01 8--O00.DWG CHECKED BY DWG. NO. DJH IR-L-190D-1 Description: A portion of Tract "C", Waterways of Naples, Unit Three, according to the plat thereof as recorded in Plat Book 31, Pages ,35 through 38 , Collier County, Florida, being more particularly described as follows: Beginning at the Southwesterly Corner of said Tract "C"; thence North 05'55'47" East, along the Westerly Boundary Line of sold Tract "C", for o distance of 630.67 feet to the beginning of a tongentlal circular curve, concave Southeosterly; thence run Northeasterly, along the arc of said curve to the right, having a radius of 50.00 feet, through a central angle of 54'52'5B", subtended by o chord of 45.83 feet at a booting of North 50'52'16" Eost, for an arc length of 47.60 feet' to the end of said curve; thence South 03'35'47" West, for a distance of 215.87' feet; thence North 86'24'13" West, for a distance of 5.00 feet; thence South 05'`35'47" West, for a dlstance of 200.00 feet; thence North 86'24'15" West, for o distance of 9.00 feet; thence South 03'35'47" West, for a distance of 254.98 feet; thence North 89'55'08" West, along the Southerly Boundary of seiki Tract "C", for a distance of 9.02 feet, to the POINT OF BEGINNING; Containing 0.2`34 acres, more or less. Notes: 1. This Is not a .survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of a Florida registered Surveyor ond Mapper. 5. All dimensions are plat unless otherwise noted. SKETCH AND DESCRIPTION WILKISON &: ASSOCIATES INC. I ENGINEERS, SURVEYORS AND PLANNERS 350§ EXCHANGE AVE. NAPLES, FLA. 34-104- (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB ' W.O. NO. DRAWN BY FILE NAME AS NOTED WATERW 0014.1 EAW 00--018-O00.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 10/01 2 OF2 DJH IR-L-190D~-2 ,,2 I I o 50 N 100 150 LINE TABLE "LINE LENGTH BEARING L1 87.38 S.o. !'18'26"w L2 10. O0 $88'41 '34."E L3 76.77 NO1'18'26"E ]cuhvE I RADIUS l C~" I 50.00 I c2 ,I 5o.ool CURVE TABLE DELTA ARC LENGTHICHORD BEARINI31 CHORD' 34'55'26" 30.48 J S16'OB'46"E I 30.01 18"46'07" 14.63 I N41'59'33"W I 14.58 DAVID' ;J[ ~I~'ATTy~.~:M. (FOR '[liE FIRM) FLA. LIC. NO. S834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON ASSOCIATES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34-104 (941) 643-24-04- FAX NO. (941) 64-3-5173 FLORIDA BUSINESS UCENSE NO. LB5770 SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME AS NOTED ~NATERWA'Y 0014-.1 EAW 00-018-O00.DWG DATE SHEET FB PG CHECKED BY DWG, NO. ~o/o~ 1 OF 2 DJH IR-L-790B-1 ~ Temporary Driveway Restoration Easement Description: A portion of Tract "A", Waterways of Naples, Unit Four, according to the plat thereof as recorded in Plat Book 31, Pages 39 through 42, Collier County, Florida, being more particularly described as follows: Commence at the Northwesterly Corner of said Tract "A", said point being the beginning of a curve, concave Easterly, having a radius of 50.00 feet and a central. angle of 54'55'26"; thence run Southerly, along the arc of said curve to the left, having a radius of 50.00 feet, through a central angle of .54'55'26", subtended by o chord of 30.01 feet at a bearing of South 16'08'46" East, for on arc length of 30.48 feet, to' the POINT OF BEGINNING of the herein described parcel and the end of said curve; thence South 01'18'26" West, for a distance of 87.38 feet; thence South 88'41'34" East, for a distance of 10.00 feet; thence North 01'18'26" East, for o distance of 76.77 feet to a point on a circular curve, concave Northeasterly, whose radius point bears North 39'37'24" East, a distance of 50.00 feet therefrom; thence run Northwesterly, along the arc of said curve to the right, having a rod[us of 50.00 feet, through a central angle of 16'46'07", subtended by a chord of 14.58 feet at a bearing of North 41'59'53" Wes'[, for on arc length of 14~65 feet, to the POINT OF BEGINNING; Containing .0.018 acres, more or less. Notes: 1. This ls not a survey. 2. Basis of bearing ls plat. 3. Subject to ease'ments, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of a Florida registered Surveyor and Mapper. 5. All dimensions are plat unless otherwise noted. EXHIBIT SCALE AS NOTED DATE lO/Ol SKETCH AND DESCRIPTION WILKISON ASSOCIATES INC.~ ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643--5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB WATERWA'Y SHEET 20F2 W,O, NO. 0014.1 ' FB pG DRAWN BY EAW CHECKED BY DJH FILE NAME 00-018-O00. DWG DWG, NO; IR'L-790B ~ 74' ACCESS EASEMENT N .< 0 <~' 0 1.00' TRACT "B" WATERWAYS OF NAPLES UNIT 7 0 5O 100 150 Temporary Driveway Restoration Easement Description: The Westerly 11.00 feet, of the Northerly 6:37.39 feet of Tract "B", Waterways of Naples, Unit 7, as Recorded in Plot Book :36, Pages 72, through Page 77, of the Public Records of Collier County, Florida. Containing 0.161 acres, more or less. THE ORIGINAL RAISED SEAL OF a FLORIDA LICENSED SURVEYOR AND MAPPER EXHIBIT SKETCH AND DESCRIPTION WI KISON & SOCIATES INC, I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 645-2404 FAX NO. (941) 64,3-5175 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME AS NOTED WW7 0014,1 EAW 00-018-O00.DWG DATE SHEET FB PG CHECKED BY DWG, NO, '10/01 1 OF1' DJH IR-L-7900 J 5~ UNIT FOUR , P.B. 51, PG. $9-42 N 0 50 100 150 LINE TABLE LINE LENGTH BEARING L1 75.27 NO!'18'26"E L2 10.00 SBS'41'34"E L3 69.75 SOl'1a'26"w ICURVE TABLE CURVE IRAD,USI DELTA ARC LENGTHICHORD B,E.A?NGI CHORD I150.00154.32'58"47.60 N28'3?,S.5,,E I 45. B`3 I ,02 J 50.00 J13'07'01" 11.45 S62'2454W J 11.42 DAVID J. HY~"r, ~. (FoR THE FIRM) FLA, LIC, NO. 58~ NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WI.LKISON ASSOCIATES INC. I ENGINEERS, SURVEYORS AND PLANNERS .3506 EXCHANGE AVE. NAPLES, FLA. `34104 (941) 64,3-2404. FAX NO. (941) 64,3-517,3 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB W,O. NO. DRAWN BY FILE NAME AS NOTED DATE 10/01 WATERWA~ SHEET 1 OF, 2 0014-.1 FB PG EAW CHECKED BY DJH 00-018-O00.DWG DWG, NO. IR-L-790D-1 Temporary Driveway Restoration Easement Description: A portion of Tract "A",' Waterways of Naples, Unit Four', according to the plat thereof as recorded in Plat Book 7, Pages .~9 through 42 , Collier County, Florida, being more particularly described as follows: Commence at the Southwesterly Corner of said Tract "A", said point being the beginning of a curve, concave Southeasterly, having a radius of 50.00 feet and a central angle of 54'32'58"; thence run Northeasterly, along the arc of said curve to the right, having a radius of 50:00 feet, through a central angle of 54"32'58", subtended by a chord of 45.83 feet at a bearing of North 28"54'55" East, for an arc length of 47.60 feet, to the POINT OF BEGINNING of the herein described'parcel and the end of said curve; thence North 01'18'26" East, for a distance of 75.27 feet; thence South 88"41'34" East, for a distance of 10.00 feet; thence South 01'18'2.6" West, for a distance of 69.75 feet to a point on a circular curve, concave Southeasterly, whose radius point bears South 21'01'36" East, a distance of 50.00 feet therefrom; thence run Southwesterly, along the arc of said curve to the left, having a radius of 50.00 feet, through a central angle of 13'07'01", subtended by a chord of 11.42 feet at a bearing of South 62"24'54" West, for an arc length of 11.45 feet, to the POINT OF BEGINNING; Containing 0.017 acres, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is plat. 5.' Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of' Description and bearing the original signature and embossed seal of a Florida registered Surveyor and Mapper. 5. All dimensions are plat unless otherwise noted. SKETCH AND DESCRIPTION WlLKISON (Sc ASSOCIATES INC. I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5175 FLORIDA BUSINESS LICENSE NO, LB5770 SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME AS NOTED WATERWAY 0014.1 LAW O0-018-O00.DWG DATE SHEET FB PG CHECKED BY DWG. NO. lO/m 2 OF2 DJH IR-L-790D-2 ~ F R=50.O0 L=11.45 Tan=5.75 ~ ~- 13'07'01" 10' UTILITY EA$£1vI"~-~ ?I,,L"' S88'411 '34"Ei..~~ PARCEL 790F I 3.~0' I ~1 N88'41'34"W '"~,. I 3.00' ~1"° ~o '~ ~ ~ N~'~'~o"E ~ 10.00' ~ ~POINT OF BEGINNING: ~ ,~ EASEMENT BUFFER J POINT OF COMMENCEMENT: ! N 0 50 100 150 THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES INC. Im ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 54104 (941) 643-2404 FAX NO. (941) 645-5173 FLORIDA BUSINESS UCENSE NO. LB5770 SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME AS NOTED WW 5 0014-.1 EAW O0~018-O00. DWG DATE SHEET FB PG CHECKED BY DWG. NO, 1 OF 2 DJH IR-L-790F-1 Temporary Driveway Restoration Easement Description: A portion of Tract "C", Waterways of Naples, Unit Three, according to the plat thereof as recorded in Plat Bo'ok ,51, Pages 455 through 38 of the Public Records of Collier County, Florida, being more particularly described as follows: Commence at the Sobtheasterly Corner of said Tract "C"; thence North 01'18'26" East, along the Westerly Boundary of said Tract "C", for a distance of 255.59 feet; thence South 88'21'20" East, for a distance of 18.00 feet, to the POINT OF- BEGINNING of the herein described parcel; thence North 01'18'26" East, for a distance of 199.94 feet; thence South 88'41',5¢" East, for a distance of ,5.00 feet; thence North 01'18'26" East, for a distance of 215.87 feet to a point on a-circular curve, concave Southeasterly, whose radius point bears South 54'08',56" East, a distance' of 50.00 feet therefrom; thence run Northeasterly, along the arc of said curve to the right, having a radius of 50.00 feet, through a central angle of 145'(~7'01", subtended by a chord of 11.42 feet at a bearing of North 62'2¢'5¢" East, for an arc length of 11.¢5 feet to the end of said curve; thence South 01'18'26" West, for a distance of 221.,59 feet; thence North B8'¢1',54" West, for a distance of ,5.00 feet; thence South 01'18'26" West, for a distance of 200.00 feet; thence North 88'21'20" West, for a distance of 10.00 feet, [o the POINT OF BEGINNING; Containing 0.096 acres, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is plat. 5. Subject to easements, reservations and restrictions of reco~rd. ¢. All dimensions are plat unless otherwise noted. SKETCH AND DESCRIPTION WII_KISON & ASSOCIATES INC. lB ENGINEERS, SURVEYORS AND PLANNERS 5506 EXCHANGE AVE. NAPLES, FLA. 54104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME AS NOTED WW ,3 0014.1 EAW O0-018-O00.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 20F2 10/01 DJH IR-L-790F-2 N ~..POINT OF COMMENCEM.E~.~T[ CORNER OF TRACT lO.C0' /~'=-l-s 88'41'34' y I 92.00' s 88-4.1'34" PARCEL 890A Notes: 0 25 5O 75 SCALE: 1"=50' A portion of Tract "C" of Waterways of Naples Unit Two as recOrded in Plat Book 29 at Pages 71 through 74 of the Public Records of Collier County, Florida being more particularly described as follows: Commencing at th'e northwesterly most corner of said Tract "C" run South 01'18'26" West along the westerly boundary of said Tract "C" also being the easterly right of way line of Immokalee Road for a distance of 1169.46 feet; thence run South 88'41'3~" East for a distance of 10.00 feet to the Point of Beginning; thence continue South 88'41'34" East for 92.00 feet; thence South 01'18'26" West for a distance of 50.00 feet; thence North 88'41'34" West for a distance of 92.00 feet; Thence run North 01'18'26" East for a distance of 50.00 feet to the Point of Beginning. Containing 0.106 acres more or less 1. This is not a survey. 2. Basis of bearing is state plane coordinates, Florida East Zone. 3. Subject to easements, reservations and restrictions of record. OAVID J. H,~TT,. MM. '(~'OE HE':FIRM) FLA. U C. NOT VAUD THE ORIGINAL RAISE;p.. SEAL OF A FLORIDA LICENSED SURVE,~OI~ ~A~ID .'MAPPER 4. All dimensions are plat SKETCH AND DESCRIPTION unless otherwise noted. WILKISON ASSOCIATES INC. m~ ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE, NAPLES, FLA. 34104 (94-1) 64-3-2404- FAX NO. (94-1) 645-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME AS NOTED WATERW 0014,1 EAW O014-890A.DWO DATE SHEET FB PG CHECKED BY 01102 1 OF1 DJH DWG. NO. IR-L-890A i'~POINT OF COMMENCEMENT.. NW CORNER OF TRACT 74" ACCESS EASEMENT TRACT WATERWAys OF NAPLES UNIT SEVEN 71.00' No[es: 1. This is not a survey. 2. Basis of bearing is state  plane coordinates Florida East Zone. 3. Subject to easements, N 0 25 50. 75 SCALE: 1"=50' A portion of Tract "B" of Waterways of Naples Unit Seven as recorded in Plat Book 36 at Pages 72 through 77 of the Public Records of Collier County, Florida being more particularly described as follows: Commencing at the northweSterly most corner of said Tract '"B" run South 01'18'56" West along the westerly boundary of said. Tract "B" also being the easterly boundary of Tract "E" of said Waterways Unit 7, for a distance of 1211.59 feet to the Point of Beginning; thence run South 88'51'04" East for 71,00 feet; thence South 01'08'56" West for a distance of 50.00 feet; thence North 88'51'04" West for a distance of 71.00 feet; Thence run North 01'08'56" East for a distance of 50.00 feet to the Point of Beginning. Containing 0,081 acres more or less .:. :,1%,~ . ' L~. ~ '"{','. '" . NOT VALID ~.Q~T.;~ :'~R,~ AND' ~E ORIGINAL RAISED SEAL OF¢~ FLORIDA