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Access License Agreement - Minto Sabal Bay INSTR 5348751 OR 5346 PG 1641 RECORDED 12/22/2016 10:27 AM PAGES 16 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA Project: ENCP/Isles of Collier Preserve Access REC$137.50 Folio No.:00395680009 and 52505043028 ACCESS LICENSE AGREEMENT THIS ACCESS LICENSE AGREEMENT (the "License Agreement") is made this 13t day of 6) oma. ,(x.2016, by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is c/o Real Property Management, 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, (hereinafter "County"), and MINTO SABAL BAY, LLC a Florida limited liability company, its successors and assigns, whose mailing address is 4400 W. Sample Road, Suite 200, Attn: Michael J. Belmont, President, Coconut Creek, FL 33073 and ISLES OF COLLIER PRESERVE PROPERTY OWNERS ASSOCIATION, INC., a Florida not for profit corporation, its successors and assigns, whose mailing address is c/o GRS Management Associates, 9990 Coconut Road, Suite 380, Bonita Springs, FL 34135 (hereinafter collectively "Owner"). WITNESSETH: WHEREAS, County owns that certain real property located in Collier County, Florida, known as the East Naples Community Park, described in Exhibit "A" attached hereto and incorporated herein, (hereinafter "County Property"); and WHEREAS, Owner owns that certain adjacent real property located in Collier County, Florida, known as Isles of Collier Preserve, described in Exhibit "B" attached hereto and incorporated herein, (hereinafter "Owner's Property"); and WHEREAS, County desires to grant a non-exclusive revocable license in favor of Owner, for the construction, operation and maintenance of a pedestrian sidewalk and bike path over, across and upon that portion of the County Property more particularly described in attached Exhibit "C," which is incorporated herein by reference (hereinafter "License Area"). NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each party, it is hereby agreed between the parties that the terms, conditions, and provisions contained herein are acceptable as follows: 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference. 2. License. County does hereby grant to Owner, a revocable, non-exclusive license for the construction, operation and maintenance of a pedestrian sidewalk and bike path over, across and within License Area, with a surface of not more 1 than five feet in width, in accordance with this Agreement. This license shall be revocable at will by County upon thirty (30) days written notice to Owner and after an affirmative vote to revoke this License Agreement by the Collier County Board of County Commissioners at a properly noticed public meeting. 3. Use of Sidewalk and Bike Path. Owner may construct, install, operate and maintain improvements within the License Area for purposes of a sidewalk and bike path to and from the County Property by residents of the Isles of Collier Preserve neighborhood as described in Section 4. Provided, however, no motorized vehicle of any kind is allowed on the sidewalk and bike path. Notwithstanding any term of this License Agreement to the contrary, the County and its employees, contractors, and agents and the general public shall have continuous access over, and use of the License Area. Owner's use of the License Area shall be subject to all rules, regulations and restrictions governing the use of County's Property, including security and hours of operation. 4. Design of Sidewalk and Bike Paths. All plans for the construction of the sidewalk, bike paths and associated improvements, including materials to be used in the improvements, are attached hereto as Exhibit "D" (hereinafter "Improvements"). Such plans shall be presented to the County Manager, or his designee, on behalf of the Collier County Parks & Recreation Division, and the Collier County Engineering Services Section, for review and approval by said Division and Section, prior to Owner's submittal for development approval at the County's Growth Management Department Offices. The parties acknowledge and agree that this approval of the sidewalk and bike path design is a condition of granting of this license and shall not be construed as part of the County's required development review or a waiver of any provision of the Collier County Land Development Code. 5. Construction of Sidewalk and Bike Paths. The planning, permitting and construction of all Improvements permitted within the License Area pursuant to the terms of this License Agreement shall be at the sole cost and expense of Owner, and shall comply with all federal, state, local and quasi-governmental laws, ordinances, rules and regulations, including, but not limited to, environmental permitting or permit modifications on both the County's Property and the Owner's Property relating to this access. This shall include, but not be limited to, amendment to the County's Site Development Plan, and any Conservation Easement and Environmental Resource Permit encumbering County's Property. Prior to commencement of construction, Owner shall provide County with satisfactory evidence that Owner has obtained all necessary permits, approvals and modifications required for the Improvements, and an amendment to County's Site Development Plan, to allow the proposed uses. Owner shall not apply for an amendment to the County Site Development Plan until Owner has obtained all other permits and approvals required for the Improvements. Owner shall substantially complete construction of the Improvements within two years from the date of this License Agreement. 2 6. Maintenance of Sidewalk and Bike Paths. Owner shall have the sole responsibility to maintain and repair in a proper, substantial, and workmanlike manner, the Improvements installed by or at the direction of Owner within the License Area. Should the Owner fail to maintain the License Area in accordance with Exhibit "D" or law, the County may provide notice to the Owner in writing, specifying the nature of the deficiency. Within five working days following receipt of such notice, the Owner at its sole cost shall cause the appropriate repairs or cure to be effected. In the event damage to, or failure to maintain the License Area results in a situation where public safety is at risk, (1) the Owner shall effect repairs within twenty-four hours of receipt of the County's written notice, or (2) the County may, at its option, effect repairs to the Improvements, without the need for prior notice to the Owner, and will promptly bill the Owner for all actual costs incurred in effecting the repairs. The Owner shall reimburse the County for such costs within thirty days of receipt of the County's bill. 7. Security. Owner shall be responsible for securing the border of Owner's Property and County shall not be responsible for any claim or liability arising from access to or from Owner's Property through the License Area. Owner shall install and maintain a locking gate on Owner's Property adjacent to the License Area. Owner shall also install and maintain signage on Owner's Property restricting access to only the hours the East Naples Community Park is open to the public. County may, at its discretion, secure County Property by placing its own lock on Owner's gate. 8. Reservation. County reserves the right to use the License Area and all completed improvements for access by its employees, contractors, agents, invitees, vendors and the general public. 9. Mitigation. In the event that mitigation is required by any agency relating to the Owner's use of the License Area, Owner will be solely responsible for the costs associated with that mitigation and shall provide confirmation of the to County that all mitigation requirements have been met prior to any improvements being made within the License Area. 10. Indemnification. Owner shall indemnify, defend, save and hold harmless County, its agents and employees, from and against any suits, demands, claims, liability, losses, penalties, damages,judgments, orders, decrees, costs and expenses (including attorneys fees and disbursements and all costs, both at trial and appellate levels)arising directly or indirectly from (i) Owner's design, construction or use of the License Area, (ii) any work or thing done, or any condition created by or on behalf of Owner on or about the License Area, (iii) any condition of the License Area due to or resulting from any default by Owner in the performance of its obligations under this License Agreement or otherwise, or (iv) any act, omission, error or negligence of Owner, its agents, contractors, employees, licensees, members or invitees on, about or in connection with the License Area. This indemnification shall survive the termination of this License Agreement. 3 • 11. Insurance. Owner shall provide and maintain insurance on the License Area as required by County, in an amount and on terms acceptable to County. Such insurance shall include, but not be limited to, general liability and property liability policies. In addition, Owner shall maintain and provide Worker's Compensation Insurance meeting statutory limits in compliance with all applicable state and federal laws. The coverage shall include Employer's Liability Insurance. All such insurance policies shall list and continually maintain County as an additional insured. Evidence of such insurance shall be provided to the Collier County Risk Management Division and shall include a provision requiring not less than ten (10) days prior written notice to County in the event of cancellation or change in coverage. 12. Default. Owner's failure to comply with any provision of this License Agreement shall constitute a default, whereupon County may (i) sue for specific performance, (ii) cure such default or perform such provision and charge Owner with County's expenses for such performance, (iii) seek any other remedy available at law or in equity, or (iv) upon written notice of such default to Owner, terminate this License Agreement pursuant to its revocable nature and unilaterally record a written termination of this License Agreement in the Public Records of Collier County, Florida. County's delay or failure to exercise any right, power or remedy accruing under this License Agreement shall not waive or impair any such right, power or remedy; nor shall such delay or failure to enforce its rights be construed as a waiver of any breach or default, or any similar breach or default by Owner in the future. 13. Responsibilities upon Termination. In the event this License Agreement is terminated by either party, for any reason, Owner shall, at the request of County, remove all improvements to the License Area and return the License Area to its original condition. Prior to commencement of such restoration work, Owner shall obtain all necessary permits, approvals and modifications and comply with all requirements as set forth in Section 5 above. 14. Recording Costs. Owner shall pay all costs of recording this License . Agreement and the recording of any other permit, modification, amendment or release required by this License Agreement. 15. Notice. Any notice required by this License Agreement shall be in writing to the other party at the address set forth above. Any notice to County shall include a copy to the Office of the County Attorney and a copy to the Parks and Recreation Division. 16. Governing law and venue. This License Agreement shall be governed by, and construed in accordance with Florida law. Any action hereon or in connection with this License Agreement shall be brought in Collier County Florida. 17. Assignability. The license created by this License Agreement is for the benefit of the Owner's Property only. It is not intended, nor shall it be construed, to grant any right, privilege or interest to any third party or additional property. The license 4 rights may not be assigned or expanded without the prior written consent of County, which consent may be withheld in County's sole discretion. 18. Disclosure of obligations. Owner shall record an amendment to the Declaration of Covenants, Conditions and Restrictions for Isles of Collier Preserve recorded in Official Records Book 4970, Page 845, of the Public Records of Collier County, Florida providing for the property owners association to assume responsibilities for the obligations as set forth herein. Owner shall provide existing owners of homes within Isles of Collier Preserve with a copy of the recorded amendment and shall provide new purchasers of homes within Isles of Collier Preserve a copy of the Declaration for Isles of Collier Preserve, as amended, at the time of contract, and as is customary, each such contract purchaser shall be required to sign a homeowner association documents acknowledgement as well as Disclosure Summary regarding the homeowner's association, as required by Florida law. IN WITNESS WHEREOF, County and Owner have caused these presents to be executed the date and year first above written. AS TO COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT'S. BROCK, Clerk COLLIE COUNTY, FLORIDA a . BY: 41-141.40 Attest as to Chairman's Deputy Clerk DONNA FIALA, Chairman . signature only. Approved as to form and legality: • CA 14 41 •-t?•`o Jennifer A. Belpe• • ' .. Assistant CountyA'�' ey (:;;) Item# 603 Agenda t(91 l 5 p 0 0 Date Date 944 /_' Rec'd F" 5 Deputy Clerk AS TO OWNERS: WITNESSES: MINTO SABAL BAY, LLC, (signature) a Florida limited liability company (printed name) /4/tsrBy: Print: PR.4..0,4,., ga, Its: Vie-C PP-Es fpCov (signature (printed name) STATE OF l'iaZ-e- COUNTY OF Co //ut The foregoing Access License Agreement was acknowledge before me, this day of -/h.xiitn16r"- , 2016, by ilid/1/-1--friq tau-///oc _ , as Li:et ries 44.4.--e— of Minto Sabal Bay, LLC, on behalf of said company, who is: (/personally known to me OR ( ) has produced as evidence of identification. (affix notarial seal) Ciil1RLENEA.MELLO (Sign re of Notary Public) NOTARY PUBLIC (:/ /? e /7 i1,,e /Lo ito STATE OF FLORIDA 1 c_ -� �::'': Corm+FPO636e1 (Print name of Notary Public) Expires 10116/2017 NOTARY PUBLIC Serial/Commission #: if any �� U G 3 / My Commission Expires: /oPt,/t / 0'7-6 6 AS TO OWNERS: WITNESSES: Ai- I ..i. 1" ISLES OF COLLIER PRESERVE PROPERTY •(signatur-� �j OWN- ASSOCIATI•., INC., u a Florin a not for .rofit orporation _i. !d. (411Qe7 (printed n• e) B-ya_ /I Print:321A�.i CA�� r Its: President (signature) • _.-- OA/ i011 y , -Q •rinted name STATE OF f Or'id4 COUNTY OF Hillsudrougln__ The foregoing Access License Agreement was acknowledge before me, this 3 r day of Kdvember( , 2016, by 6-10-xi-Oak,- , as President of Isles of Collier Preserve Property Owners Association, Inc., on behalf of said corporation, who is: (V(personally known to me OR ( ) has produced as evidence of identification. (affix notarial seal) %-.32rUak' 0.,ok o:ue`b TERRIE L.GREY MYCOMMISSI©N#FF949077 (Signature of Notary Public) ,t j EXPIRES:April 7,2020 e_L G c �} -,e0FF`°� en-de('Thu Budget Notary Services (Print name of Notary Public) NOTARY PUBLIC Serial/Commission #: if any FF 9149077 My Commission Expires: _et 1._14± ZO2D EXHIBIT "A" The Northerly 1,940.99 feet of the Westerly 1,290 feet of Section 24,Township 50 South, Range 25 East, Collier County, Florida; less the North 710 feet of the West 990 feet; and less the North 50 feet for road right-of-way. 11) EXHIBIT.. Pegs._.of_.__v___ Sabal Bay All of Lots 70-71 and Lot 91, Naples Groves and Truck Co's Little Farms No. 2, Plat Book 1, page 27-A, All of Section 25 and part of Sections 23, 24, 26 and 36, • Township 50 South Range 25 East and part of Section 19, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Beginning at the Northeast Corner of Section 25, Township 50 South, Range 25 East, Collier County, Florida Thence along the East Line of Said Section 25 South 00°22'18" West 2,687.69 feet; Thence continue along the cast line of said Section 25 South 00°20'37" West 2,685.56 feet to the Southeast Corner of said Section 25; Thence along the East line of Section 36 South 00°19'56" West 1,518.00 feet; Thence North 87°28'51" West 5,3268- ; '- Thence North 00°14'25" Fast 1,..54V 17, Wuqk t Corner of Said Section Thence along the south line,o tion 26 South 89°32'22 es ,696.15 feet; Thence continue along thy'So i F e offaid-Sectigfr�South °2 '09" West 2,696.69 feet to the Southwest corner said Sec .. .' Thence along the West line . ': i i' '''�"\Eas 2,689.10 feet; Thence continue along the st n= o s: r i.�+ I. Dort 00°22'20" East 2,690.20 feet to the No d I;,,;.0 . .. `• ;.n 2... F-- Thence along the West A•115\of Section 23 North 0°0. 18" ti 669.97 feet to a point on the boundary oft tors of Tide Creek; )= i/ -� Thence along the said wat Tide Creek in the f lio,{v' teen (16) described courses 1) South 72°03'02" East t� 5ty \\�`� 2) North 67°33'05" East 379:4 Ai (, 1VZ� - 3) North 52°01'13" East 129.24 feet; 4) North 33°49'42" East 177.12 feet; 5) North 24'17'32" East 213.58 feet; 6) North 09°47'38" East 92.69 feet; 7) North 02°23'54" West 206.58 feet; 8) North 13°37'45" West 113.65 feet; 9) South 20°36'46" West 67.51 feet; 10) South 30°00'49" West 157.28 feet; 1 1) South 10°13'42" West 158.36 feet; 12) South 18°11'42" West 158.09 feet; 13) South 36°39'01" West 190.25 feet; 14) South 64°23'55" West 75.17 feet; 15) South 77°23'16" West 156.99 feet; 16) North 83°17'49" West 126.98 feet to the west line of said Section 23 Thence along said west line North 00°06'08" West 417.99 feet; Thence continue along the West line of Said Section 23 North 00°07'16" West 693.72 feet; Thence North 89°29'07" East 469.67 feet; Thence North 00°04'49" West 453.06 feet; EXHIBIT 1 Page. -2— of Thence North 89°30'33" East 916.44 feet; Thence North 00°3129" West 567.34 feet; Thence North 89°27'53" East 300.00 feet; Thence South 00°32'07" East 60.00 feet; Thence North 89°28'59" East 980.33 feet to the West line of the plat of Naples Groves and Truck Co's Little Farms No 2 (Lots 67-69), as recorded in Plat Book 1, Page 27-A, Public Records of Collier County, Florida. Thence along said West line South 00°46'37" East 308.52 feet; Thence Continue along said West line South 00°40'46" East 673.87 feet to the Northwest Corner of Lot 70, of said Naples Groves and Truck Co's Little Farms No 2; Thence along the North line of said Lot 70 North 89°27'07" East 1,322.10 feet to the North East Corner of said Lot 70: Thence along the East line of said Lot 70 and Lot 71 of said Plat South 00°43'14" East 674.00 feet to the Southeast corner of said Lot 71; Thence along the South line of said Lot-71.10-0--89°.2,825" West 1,322.26 feet to the Southwest corner of said Lot 71;,. ;1 l_ t- .- Ct f� .N Thence along the West line o ife\PlafSouth 00°42'x5 1R'a ,347.80 feet; Thence continue along said/Ate/line South 00°20'27' 'es' 1,344.53 feet to the Southwest corner of Lot 79 ofitttt; \_ Thence along the South line ot sai T 98 ° 1'43" ,st 1 346.87 feet to the fractional corner of said Set ..oi .xr't : I,• r : er f the Northwest Quarter of the Southeas Quq e • h. ••t, •% • a d S ction 26; Thence along said fracti �tl 1 t' ".' ••West : 99 to the Southwest corner of said fractional aster; Thence along the south I said fractional Qua �r N rt 1'42" East 673.39 feet to the Northwest corn%VN,ot 81 of Said Nape 4et•a d Truck Co's Little Fauns No. 2; (` A" Thence along the west line Ohd'L u 043/ est 672.16 feet to the Southwest corner of said I.ot 81; ''••••...„,_!/f-: C 11\Z - /'' Thence along the south line of said I anti 1'43" East 672.16 feet to the East line of said Lot and the cast line of said Section 26; Thence along the east line of said Section 26 North 00°19'29" East 2,688.11 feet to the Northeast corner of said Section 26; Thence along the East line of said Section 23 North 00°42'49" West 1,351.04 feet to the southeast corner of Lot 91 of said Naples Groves and Truck Co's Little Farms No 1. Thence along the South line of said Lot 91 South 89°27'26" West 1,320.61 feet; Thence along the west line of said Lot 91 North 00°47'37" West 337.27 feet; Thence along the North line of said Lot 91 North 89°30'57" East 1,320.45 feet to the east line of said Section 23; Thence along the cast line of Said Section North 00°44'44" West 1,011.86 feet; Thence Continue along said East line North 00°34'32" West 752.45 feet to the Southwest corner of that land described in Official Record Book 1027, page 678, Public Records of Collier County, Florida; Thence along the South line of said Land North 89°31'59" East 1,289.77 feet; Thence along the East line of said Land North 00°42'37" West 1,012.36 feet to the southwest corner of those lands described in O.R.Book 4263,pages 2080-2083 of the Public Records of Collier County, Florida. ID EXHIBIT_. . Page�of Thence along the South line of said described lands for the following three(3) courses: 1) North 89°31'15" East 1,043.87 feet; 2) North 89°31'15" East 31.72 feet; 3) South 78°26'42" East 512.62 feet to the East line of said described lands; Thence along the East line of said described lands for the following four(4)courses: 1) 129.10 feet along the arc of a non-tangential circular curve concave west having a radius 324.97 feet through a central angle of 22°45'44"and being subtended by a chord which bears North 19°24'23" East 128.25 feet; 2) 204.23 feet along the arc of a non-tangential circular curve concave east having a radius of 582.39 feet through a central angle of 20'05'30"and being subtended by a chord which bears North 12°58'06" East 203.18 feet; 3) North 51°08'02" West 222.09 feet; 4) North 38°51'58" East 212.02 feet to a point on the south line of Tract "U", according to the plat of Sabal Bay Commercial Plat, Phase Two,as recorded in Plat Book 41, Pages 10-1 I, Collier Count 7;~-, g x.� Thence along said south line Sou 5 ' _ i :o et; Thence leaving said south lin 0105624'25"Wesf'hv -et; Thence 240.24 feet along t doeezeda circular curve conca'f ea having a radius of ali 155.00 feet through centre is 'f 88'48t1 " d • 'ng sub nd-' by a chord which bears South 08°59'45" East 20.911-ear -\ Thence 534.66 feet alon they • • - ::,--1941. '. 7 e loncave northeast IP having a radius of 1,164 47 et hro g , : ten : i•. e ,t ••1 .'25', and being subtended by feta'a chord w it+ . .a , th ° 't .East • ' 97 Thence 231.31 feet aloe the :re of a non-tangential<circu : c t9E oncave north having a radius of 330.00\ !'through a central angle 41 ' 9,"'0nd being subtended by a chord which tt' r`North 82°00'09" Al + . eet to a point of reverse curvature; \ . �' Thence 89.67 feet along the arc`c. ct larsurie egnn�ave` utheast, having a radius of 720.55 feet through a centra[ahija erne!: subtended by a chord which bears North 65°29'15" East 89.61 feettoTint of compound curve; Thence 200.48 feet along the arc of a circular curve concave south having a radius of 400.00 feet through central angle of 28°42'58" and being subtended by a chord which bears North 83°24'38" East 198.38 feet to a point of reverse curvature; Thence 149.00 feet along the arc of a circular curve concave north, having a radius of 658.56 feet through a central angle of 12°57'48" subtended by a chord which bears South 88°42'46" East 148.68 feet to a point of reverse curvature; Thence 154.54 feet along the arc of a circular curve concave south, having a radius of 170.00 feet through a central angle of 52°05'09" subtended by a chord which bears South 69°09'05" East 149.28 feet to a point of reverse curvature; Thence 120.79 feet along the arc of a circular curve concave northeast, having a radius of 280.00 feet through a central angle of 24°43'02" subtended by a chord which bears South 55°28'02" East 119.86 feet; Thence South 67°49'33" East 50.39 feet; Thence 240.08 feet along the arc of a circular curve concave northwest having a radius of 130.00 feet through central angle of 105°48'48"and being subtended by a chord which bears North 59°16'03" East 207.39 feet; Thence North 06°21'39" East 50.13 feet; EXHIBIT, I1 . Pcge -1 _of L "Thence 34.20 feet along the arc of a circular curve concave southeast having a radius of 60.00 feet through central angle of 32°39'20"and being subtended by a chord which bears North 22°41'19" East 33.74 feet; Thence North 39°00'59" East 25.13 feet; Thence 71.88 feet along the arc of a circular curve concave west having a radius of 90.00 feet through central angle of 45°45'41"and being subtended by a chord which bears North 16°08'08" East 69.99 feet; Thence North 61°44'41" East 65.38 feet; Thence south 74°11'12" East 273.05 feet; Thence South 39°02'44" East 939.04 feet to a point on a Drainage Easement as Recorded in Official Records Book 4385, Page 3675; Thence along said easement North 26°07'40" East 137.30 feet; Thence continue along said easement 121.70 feet along the arc of a circular curve concave southeast having a radius of 465.97 feet through a central angle of 14°57'51" and being subtended by a chord which bears North 33°36'35" East 121.35 feet; Thence continue along said easementN '9511" East 425.38 feet to Westerly Right of Way lint of US 41 (Ta ' 7�1i1 t kon 'TiQ.90); Thence along said Right of W, °03'59" Eas Y 6 feet; Thence Along the bounds df- at land described in Icia Record Book 2605, page 2479, Records of C?llier,C,► f''1orida.1.1.0i Folio ing hree (3) described courses; / 1) South 88°13'2 " W�: .`�, ' 2) South 01°4613 " E. .6.' 3) North 88°13'2 i i t► . . t :este ig fret Way line of Said US 41; \ I _-'. Thence along said Right y line South 39°03 5�" Etlst feet to a point at the intersection of said w Right of Way ana tti ane of Section 19, Township 50 South, Range 2'kEits,Collier County, Floji ;`' Thence along the South line of 3 'an_12 $�° :3 outh' " West 1,636.98 feet; Thence continue along said South ' ei$but1R 81�SJ6" West 2,491.52 feet to the POINT OF BEGINNING. EXHIBIT C .. . 13 arraco Page.--L.•.0f.----.- www.barraco.net and Associates, Inc. Civil Engineers,Land Surveyors and Planners DESCRIPTION Parcel in Section 24, Township 5o South, Range 25 East Collier County, Florida A tract or parcel of land lying in Section 24, Township 50 South, Range 25 East, Collier County, Florida, said tract or parcel of land being more particularly described as follows: Commencing at the Northwest corner of Tract "F" as shown on the Record Plat of Isles of Collier Preserve Phase 7, recorded in Plat Book 6o, at Page 49 of the Public Records of Collier County, Florida, run Soo°39'06"E along the Westerly line of said Tract "F" for 127.57 feet to the POINT OF BEGINNING. From said Point of Beginning continue Soo°39'06"E along said Westerly line for 44.0o feet; thence run S89°20'54"W for 39.5o feet; thence run Noo°39'06"W for 16.75 feet; thence run S89°20'54"W for 55.00 feet; thence run Noo°39'06"W for 10.50 feet; thence run N89°20'54"E for 55.00 feet; thence run Noo°39'06"W for 16.75 feet; thence run N89°2o'54"E for 39.50 feet to the POINT OF BEGINNING. Containing 0.05 acres, more or less. Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007) and are based on the Westerly line of Tract"F"to bear Soo° , 'o6"E. Scott A. Wheeler (For The Firm) Professional Surveyor and Mapper. Florida Certificate No. 5949 L:\23380-ICP Phase 8\Surveying\descriptions\2338oSKoi.doc Post Office Drawer 2800 • Fort Myers, FL 33902 Phone(239)461-3170 • Fax(239)461-3169 EXHIBIT c , 44 Page. of-.1.-..- . 2 01 \.' 4 z 00 00 z c c Ga aii m it co 01 C Ch (� 4 A V 4 r N COI v g 2 N O 10. ��13 4. 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T%!% 1 T— + _ —4.. _ >.I,Y6 Y 1104 Aa9 Mer ." 4.` 6t/ 6ECJ9RY pA 1 2-AQAaETELTA6lE < ' WtImNGOEd[.ttP — fa-:�=:...• jt ,71663 f tr NES iNv{N1+3s 7L WY04).6a j 1 h I • • •' I 1 .0, R 1 1 • N W iE S 0 5 10 20 SCALEIN FEET CONNECT TO EXISTING SIDEWALK , EL.566 1