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Tarpon Cove Water Line RelocateMEMORANDUM DATE: TO: FROM: August 21, 1998 Maureen Kenyon, Supervisor, Clerk to Board Shirley Nix, Engineering Technician II/~' Project Plan Review RE: Tarpon Cove Water Line Relocation Water Facilities Acceptance Recording Fee Number 113-138312-649030 On ~v~~f If , ~po~The Board of County Commissioners gra~ted final acceptance of the water and/or sewer facilities within the above-referenced project. Attached, please find the following recorded, in order: 1. Utilities Facilities Subordination, Consent and Joinder 2. UCC-3 Forms 3. Bill of Sale 4. Utility Easement 5. Utilities Facilities Warranty Deed Also, please find attached the following documents for your files. 11. Owner's Affidavit Attorney's Affidavit Copy of preliminary approval letter from Engineering Review Engineer's final payment confirmation Certification of pressure testing of water lines by Engineer of Record Bacteriological clearances (DER certification) for water facilities Memorandum to Maureen Kenyon, Supervisor, Clerk to Board August 21, 1998 Page Two 12. Contractor's Final Release of Lien 13. Lab results on bacteriological test for water lines 14. Verification of final cost (Detailed: quantities, sizes, unit cost, total cost, etc.) 15. Letter by Engineer certifying that all water and/or sewer facilities are located within the public right-of-way or dedicated easements 16. Contractual Guarantee for material and workmanship for a period of at least one year after the Board of County Commissioners' acceptance for both water and sewer facilities 17. Payment of water usage, laboratory and administrative charges for filling, flushing and bacteriologically certifying water lines from invoice prepared by the Utilities Division 18. Letter from Compliance Services section certifying that the final inspection reveals that the Utility facilities have been constructed in accordance with County ordinances and regulations 19. One copy of the Utility Easement 20. One set of record drawings, signed and sealed by the Engineer of Record If you have any questions, please call and advise accordingly. /sm attachments doc:2094-2 Dwight E. Brock Clerk PUTY County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE('~/~ ~ .,~j ~?1 3.301 TAMIAMI TRAIL EAST ~ ~ ~ ~ , P.O. BOX 413044 ¥/~'" ,.,"'~ NAPLES, FLORIDA 34101-3044 ' ~ ~'~ CLERK OFFICIAL RECEIPT When Validated BRANCH OFFICES: GOLDEN GATE 4839 GOLDEN GATE PARK~VAY GREENTREE SHOPPING CENTER 2386 IMMOKALEE ROAD IMMOKALEE 101 S. FIRST STREET MARCO ISLAND 1040 WlNTERBERRY DRIVE EVERGLADES CITY 207 BROADWAY AVENUE EIP'T: ')R: 2749537 B CC -w~= l/J- ENGINEERING REVIEW DESCRIPTION AMOUNT DUE RECORDING OF LEGAL INSTRUMEN 143.00 P.R.M.T.F. RECORDING FEE 20.50 DOCUMENTARY STAMPS - 70 1.40 NS: 7 DOCUMENTS TYP )RD \LE F F FILE ID BOOK PAGE 236215i 2453 2512 2362152 2453 2517 2:362153 2453 2522 2362154 2453 2527 2352155 2453 2532 2362156 2453 2537 2362157 2453 2541 BILLED: 164 ""-,,, RECORDING TOTAL DUE: 164.90 ORIC'L"~AL "" '"'""'~- iN m:,l, ' ';' :-- PLEASE AUTHC2,!ZE FOR PAYMEHT AND ,-RSTURN This instrument prepared by: Vivien N. Hastings, Esq. 24301 Walden Center Drive Bonita Springs, Florida 34134 2362151 OR: 2453 PG: 2512 R~¢ORDBD in OFFICIAL RECORDS of COLLIER COUNTY, FL 08/2t/98 aL 09:01AX DNIGH? S. BROCL CLERK RSC ~H 2t,00 Re~n: SHIRLEY NIX Il? 5586 UTILITY FACILITIES SUBORDINATION AND CONSENT THIS SUBORDINATION AND CONSENT given this /57-~ day of December, 1997 by PENNSYLVANIA NATIONAL BANK AND TRUST COMPANY, a national banking association (hereinafter referred to as "Mortgagee"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns (hereinafter referred to as "County"). Mortgagee is used as singular or plural, as the context requires. WITNESSETH: WHEREAS, Mortgagee is the owner and holder of that certain Real Estate Mortgage, Assignment and Security Agreement, recorded in Official Records Book 2309, Page 1981 (hereinafter referred to as "Mortgage"), encumbering the premises legally described therein, (hereinafter referred to as the "Encumbered Property"). WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements for the installation and maintenance of utility facilities over and across a portion of the Encumbered Premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property". WHEREAS, County has requested that Mortgagee consent to and subordinate its Mortgage to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to the fee simple owner granting the non-exclusive easement referred to above and hereby subordinates the lien of its Mortgage to the grant of that certain easement described herein, over, under, and across the Easement Property and any interest of the County in the utility facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under and across the Easement Property or any utility facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presence of: Signature ~ ~-Lon,n Z,qt4o~ck4,qt< Print Name Sivma~// l Print N~e " PENNSYLVANIA NATIONAL BANK AND TRUST COMPANY, a national banking association By~'~ Print Nhme~: Its: ~'~c~a wJ'/',/a ~*~,,~ Sou~ Center Street Po~ville, PA 17~1 K: legal\forms\form4-u 16 OR: 2453 PG: 2513 STATE OF PENNSYLVANIA d '.~E Th~ ,foregoing Utility Facilities Subordination and Consem was ackno~vled~ed before me by 55~ D%~lce_. , as ~?~%e ~j, '~ of 4~)<,lq?r:~ IxtO,.rck-~,i~/&~-ff _~Z~ L . He is personally known to me. .9 WITNESS my hand and official seal this/b/day of December, 1997. (-NOta~ Public , ~, rx ], 1 mr~t hame: ddjoO/~ ./~/. ~~j~ [Notary Seal] My Commission Expires: NOTARIAL SEAL I,~ A. Oeetrich. Notary Public Pottsville, Schuylkill County My Commission Expires May 24. 1999 FROM : AGNOLI BARBER BRUNDAGE PHONE NO. : OCT. 10 1997 12:11PM P2 OR: 2453 PC: 2514 DESCRIPTION OF_A WAZERLINE EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF LOT'S 35 THROUGH 38 TARPON COVE REPLAT ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 29, PAGES 14 THROUGH 17, PUBLIC Ri/CORDS Ok' COLLIE'P, COU'N'IY, ?'LOKIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOT ;TI-IWEST CORNER OF SAID LOT 35 AND A POINT ON A NORTHERLY LINE OF CONSERVATION EASEMENT NO. 4 AS SHOWN ON SAID PLAT, THENCE NORTH 23o03'49" WEST ALONG A WESTERLY LINE OF SAID LOT 35 A DISTANCE OF 10.29 FEET TO AN INTERSECTION WITH A SOUTHEASTERLY RIGHT-OF-WAY LINE OF MAINSAIL PLACE (TRACT "R") AND THE ARC OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS NORTH 23003'49.' WEST 52.00 FEET, THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG A EASTERLY RIGHT-OF-WAY LI2qE OF SAID MAINSAIL PLACE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 120036'54.' AN ARC DISTANCE OF 109.47 FEET TO A POINT OF REVERSE CURVATURE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 100.00 FEET, THENCE NORTHWESTERLY AND. NORTHERLY ALONG SAID RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52045'08'' AN ARC DISTANCE OF 92.07 FEET TO AN INTERSECTION WITH A NON- TANGENT LINE; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE NORTH 89°04'26" EAST ALONG SAID NON-TANGENT LINE A DISTANCE OF 10.00 FEET TO AN INTERSECTION WITH A LINE LYING 10.00 FEET EASTERLY OF AS MEASURED AT RIGHT ANGLE TO AND PARALLEL WITH SAID RIGHT-OF-WAY LINE AND THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS NORTH 89004'26'' EAST 90.00 FEET, THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID PARALLEL LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52045'08'' AN ARC DISTANCE OF 82.86 FEET TO A POINT OF REVERSE CURVATURE CONCAVE WESTERLY AND HAVING A RADIUS OF 62.00 FEET, THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85040'46'' AN ARC DISTANCE OF 92.71 FEET; (1 OF 3) Main OfFice: 7400 Tamiami Trail N., Suitc 200, Naples, Florida 84108 · (941) 597-$111 - FAX: (941) 566-2203 Lee County: 1625 Hcndry St., Suite I01, Fort Myers, Florida 33901 - (941) 334-11TS · FAX: (941) 354-1175 OCT 10 '97 13:15 PAGE.02 FROM : AGNOLI BARBER BRUNDAGE PHONE NO. : OCT. OR: 2453 10 1997 12:11PM PG: 2515 THENCE LEAVING SAID PAKALLEL LINE SOUTH 32°00'04'' WEST 22.84 FEET TO AN INTERSECTION WITH THE AFORESAID NORTHERLY LINE OF CONSERVATION EASEMENT NO. 4; TI-fENCE SOUTH 72026'20'' WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 16.86 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEP~IN DESCRIBED; CONT~G 0.049 OF AN ACRE OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLI, BARBER & BRUNDAOE, INC. PROFESSIONAL ENGINEERS, PLANNERS AND LAND SURVEYORS :.:~ELR, ALVAKEZ, P.S.M. ~ 5358 REF: ABB DRAWING FILE NO. 6356 DATE ff/P. I O. I O6 IC;, D F.~ (2 OF 3) OCT 18 '97 13:15 PAGE.03 FROM : AGNOL! BARBER BRUNDAGE PHONE NO. OCT. 1~ 1997 12:12PM 0R: 2~i53 ?G: MAINSAIL PLACE TRACT "R" ////~5 0 ' R. O. W. C. U. E. OCT 18 '97 13:1~ PAGE.04 STATE OF FLORIDA UNIFORM COMMERCIAL CODE STATEMENT OF CHANGE FORM UCC-3 (REV. 1993) This Statement of Change is presented to a filing officer pursuant to the Uniform Commercial Code: 1. Debtor (Last Name First if an Individual) la. Date of Birth or FEI# CKAP Corporation, a Florida ~rP0~a~ion. ~ --,'; ' ~ld. Zip-~ode / lc. ui[y, ~ta[e lb. Mailing Address ~ 33919 9131 College Parkway, Suite 13-B No. 207 ~Fort Myers, FL ~ddi~i0nal Debtor or Trade N~m~[-ast NameFir~t ff a~ndividu~li ~a. Date of Birth or FEi# _HCC' Inc , a Florida corporation ,.2c. City, State ~ 12d'ZiPC°de~ 2b. Mailing Address ~ 207 IFort Myers, FL I 33919 9131 College Parkway, Suite 13-B No. l 3~ secured P~rty ([.'as( Name First~f an Individual) Pennsylvania National Bank and Trust Compa~n~ . ~3c~zipCode 3a.'Mailing Address 3b. City, State One South Center Street Pottsville, PA _ [. 17901 4. Addifionai Secured Party (Last Name First it an Individual) 4a. Mailing Address -- ~ 4b.~ity, ~tate ~4C. ~ip Code 6. A. [J Continuation- B. ["J Release- C. ~l Full Assignment- D. ~l Partial Assignment- E. [~ Amendment- F. ~1 Termination- G. ~ Other- This Statement refers to original Financing Statement bearing file number: OR 2327, PG 1925 filed on The original Financing Statement between the Debtor and Secured Party bearing the file number shown above is continued. The Secured Party releases the collateral described in Block 7 below from the Financing Statement bearing the file number shown above. RELEASE DOES NOT TERMINATE LIEN AGAINST DEBTOR. All of the Secured Party's rights under the Financing Statement have been assigned to the assignee whose name and address is shown in Block 7 below. Some of Secured Party's rights under the Financing Statement have been assigned to the assignee whose name and address is shown in Block 7. A description of the collateral subject to the assignment is also shown in Block 7. The Financing Statement bearing the file number shown above is amended as set lorth in Block 7. (See instructions for signature requirements.) The Secured Party no longer claims an interest under the Financing Statement bearing the file number shown above. Utility Facilities Subordination and Consent 7. Description of collateral released or assigned, Assignee name and address, or at-,iei~dment. Use additional sheet(s) if necessary. Utility Facilities lying within Lots 35 through 38, Tarpon Cove Replat, as more particularly described in Exhibit 'tB" attached hereto and made a part hereof. 8. Signature(s) of Debtor(s): (only if amendment - see instructions) Sig nat u re(s) ~dred 'pad~es)-'. ...................... Pennsylvania National Bank and Trust Company This space for use of Filing Officer 2362152 OR: 2453 PG: 2517 !~CODBD in OFFICIAL ~CODS Of CO~LI~ COU~' : Additional Sheets 11. Return Copy to: Name Robin Huf fman Address ' WCI Communities Limited Partnership 24301 Walden Center Drive Address Bonita Springs, FL 34134 City, State, Zip _ FLUNG OFRCER COFY 24,00 STANDARD FORM - FORM UCC-3 Approved by Secretary of State, State of Florida Profcss~o=~J, c.n~ncc~, planners &: bnd. surveyors DESCRIPTION O. EA VvTAZERLINE EASEMENT OR: 2453 PO: OVER, UNDER AND ACROSS ALL THAT PART OF LOT'S 35 THROUGH 38 TARPON COVE REPLAT ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 29, PAGES 14 THKOUOFt 17, PUBLIC KECORJ.)S L)F COLLIE'R, COU'N'I'Y, I"LOKIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOI ITHWI::,ST CORNER OF SAID LOT 35 AND A POINT ON A NORTHERLY LINE OF CONSERVATION EASEMENT NO. 4 AS SHOWN ON SAID PLAT, THENCE NORTH 23003'49'' WEST ALONG A WESTERLY LINE OF SAID LOT 35 A DISTANCE OF 10.29 FEET TO AN INTERSECTION WITH A SOUTHEASTERLY RIGHT-OF-WAY LINE OF MAINSAIL PLACE (TRACT "R") AND THE ARC OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS NORTH 23003'49'' WEST 52.00 FEET, THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG A EASTERLY RIGHT-OF-WAY LINE OF SA.ID MAI~S~L PLACE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 120036'54'' AN ARC DISTANCE OF 109.47 FEET TO A POINT OF REVERSE CURVATURE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 100.00 FEET, THENCE NORTHWESTERLY AND. NORTHERLY ALONG SAID ILIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52°45'05'' AN ARC DISTANCE OF 92.07 FEET TO AN INTERSECTION WITH A NON- TANGENT LINE; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE NORTH 89004'26'' EAST ALONG SAID NON-TANGENT LINE A DISTANCE OF 10.00 FEET TO AN INTERSECTION WITH A LINE LYING 10.00 FEET EASTERLY OF AS MEASURED AT RIGHT ANGLE TO AND PARALLEL WITH SAID RIGHT-OF-WAY LINE AND THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS NORTH 89°04'26'' EAST 90.00 FEET, THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID PARALLEL LINE AND THE ARC OF SALD CURVE THROUGH A CENTRAL ANGLE OF 52045'08'' AN ARC DISTANCE OF 82.86 FEET TO A POINT OF REVERSE CURVATURE CONCAVE Vv'ESTERLY AND HAVING A RADIUS OF 62.00 FEET, THENCE SOUTHEASTETLLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85°40'46'' AN ARC DISTANCE OF 92.71 FEET; 2519 (1 OF 3) M-i- Ofllce: 7400 Tarrdami Trail N., Suitc 200, Naples. Flodch 34108 · (941) S97-3111. FAX: (941) S66-220] Lee County:. 1625 Hcndry St., Suite I01, Fort Myers, Florida 33901. (941) 334-1173 · lAX: (941) 3a4-1 OR: 2453 PG: 2520 THENCE LEAVING SAID PARALLEL LINE SOUTH 32"00'04" WEST 22.84 FEET TO AN INTERSECTION WITH THE AFORESAID NORTHERLY LINE OF CONSERVATION EASEMENT NO. 4; THENCE SOUTH 72°26'20" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 16.86 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 0.049 OF AN ACRE OF LAND MOPE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLI, BARBER & BRUNDAGE, INC. PROFESSIONAL ENGiNEERS, PLA.NNERS AND LAND SURVEYORS ::.A~RIEL R. AL AR.EZ, P.S.M. ~ 5358 REF: ABB DRAWING FILE NO. 6356 DATE ;f,'P. l O. l O61fT. Dg$ (2 OF ~) OCT 10 '9? 13:15 PAGE.OJ · '"- *** OR: 2453 PG: 2521 *** ''4 MAINSAIL PLACE TRACT /.30' R.O.W. C.U.E. 8888 OCT 10 '97 13:16 PI:IG£,04 OR: 2453 PG: 2518 EXHIBIT "A" ADDITIONAL DEBTORS Charles Huether, Trustee 9131 College Parkway, Suite 13-B, No. 207 Fort Myers, Florida 33919 Ronald St. Clair, Trustee 9131 College Parkway, Suite 13-B, No. 207 Fort Myers, Florida 33919 NOTE: Thi~ is a two-part form. Send both parts to the Department of State for filing. If a copy of this form is needed prior to filing, make photocopies for your records. IMPORTANT: Read instructions on back before filling out form. _ STATE OF FLORIDA UNIFORM COMMERCIAL CODE STATEMENT OF CHANGE FORM UCC-3 (REV. 1993) This Statement of Change is presented to a filing officer pursuant to the Uniform Commercial Code: 1. Debtor (Last Name First if an Individual) /la. Date of Birth or FEI# CKAP Corporatio~_a Florida Corporation ~ ~id. zip~de lb. Mailing Address ] ~ c[ City[State No. 207' Fort M ers FL _.i 33919 9131 College Parkway Suite 13-B, ..... _~ ~ ~.. Additional Debtor or-Trade Name (LaSt Name First if~a-n Individual) ~a.~ate of Birth or FEI# - HCC~Inc.La Florida co~oration ~ ! ~ ~b. Mailing Address 12c:Ci{~ State 12d. Z,p Code 9131 College Parkway~ Suite 13-B No. 2071' Fort Myers~ Florida ' 339~9 ~ Secured Party (Last Name First if an Individual) Pennsylvania National Bank and Trust Compa~ -- " ~3b. ~,ityl State 3c[2iP Code ~'3a. Mailing Address One South Center Street I _Pottsville~PA ~ 17~01 4.- Additi0nalgeCured Party ~Last Name J=irst i~ ~n Ind~viduai) Mailing Address 4b[City, s{a{e 14c~Zip Code This Statement relers to original Financing Statement bearing tile number: A. ~[ Continuation- B. ~[ Release- C. [~ Full Assignment- D. ~l Partial Assignment- E. [~[ Amendment- F. ~l Termination- G. ~ Other- OR 2327, PG 1941 filedon The original Financing Statement between the Debtor and Secured Party bearing the lile number shown above is continued. The Secured Party releases the collateral described in Block 7 below from the Financing Statement bearing the file number shown above. RELEASE DOES NOT TERMINATE LIEN AGAINST DEBTOR. All of the Secured Party's rights under the Financing Statement have been assigned to the assignee whose name and addreesis shown in Block 7 below. Some of Secured Party's rights under the Financing Statement have been assigned to the assignee whose name and address is shown in Block 7. A description of the collateral subject to the assignment is also shown in Block 7. The Financing Statement bearing the file number shown above is amended as set fodh in Block 7. (See instructions for signature requirements.) The Secured Party no longer claims an interest under lhe Financing Statement bearing the file number shown above. Utility Facilities Subordination and Consent Utility Facilities lying within Lots 35 through 38, Tarpon Cove Replat, as described in Exhibit "B" attached hereto and made a part hereof. more particularl 8. Signature(s) of Debtor(s): (only if amendment - see instructions) This space for use of Filing Officer 2362153 OR: 2453 PG: 2522 RBCORD~D in O~FICIAL RBCORDS of COLLI[R COUN?/, FL ............ 08/24/98 at 09:01AH D#IGH? I. BROCK, CLBRJ[ RBC Fl! 24.00 9. Signature(s) of Secured party(ies): ........ Retn: Pennsylvania National Bank and Trust Company INGIHBBRIJlG RgVll¥ flRVlClS .............................. SHIRLBY iix By~ // il? 5586 10. Nu~r~;~l"Sheets Presented ~ 11. Return Copy to: Name I .... Address Address lC ty, State, Zip Robin Huffman WCI Communities Limited Partnership 24301 Walden Center Drive Bonita Springs, FL 34134 FILING OFFICER COPY STANDARD FORM - FORM UCC-3 Approved by Secretary of State, State of Florida OR: 2453 PG: 2523 EXHIBIT "A" ADDITIONAL DEBTORS Charles Huether, Trustee 9131 College Parkway, Suite 13-B, No. 207 Fort Myers, Florida 33919 Ronald St. Clair, Trustee 9131 College Parkway, Suite 13-B, No. 207 Fort Myers, Florida 33919 IIIIlh~'i'~J illllll"~lk A ,n 'r)'T~:'r) il il I[[,I~P~ r',.,L~ ~ I!111 Profc~iotral c. ngir~rs, p~nner$ & land surv~ors EXHIBIT DESCRIPTION OY A WA]LERLINE EASEIyJENT 2153 OVER, UNDER AND ACROSS ALL THAT PART OF LOT'S 35 THROUGH 38 TARPON COVE REPLAT ACCORDING TO PLAT THEREOF AS . RECORDED IN PLAT BOOK 29, PAGES 14 THROUGH 17, PUBLIC KECOR.DS OF COLLIER COU'N'I'Y, ?'LOKIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOIITNWF. ST CORNER OF SAID LO/32 A.ND A POINT ON A NORTHERLY LINE OF CONSERVATION EASEMENT NO. 4 AS SHOWN ON SAID PLAT, THENCE NORTH 23003'49'' WEST ALONG A WESTERLY LINE OF SAID LOT 35 A DISTANCE OF 10.29 FEET TO AN INTERSECTION WITH A SOUTHEASTERLY RIGHT-OF-WAY LINE OF MAINSAIL PLACE (TRACT "K") AND THE ARC OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS NORTH 23°03'49'' WEST 52.00 FEET, THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG A EASTERLY RIGHT-OF-WAY LINE OF SAID MAINSAIL PLACE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 120036'54'' AN ARC DISTANCE OF 109.47 FEET TO A POINT OF REVERSE CURVATURE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 100.00 FEET, THENCE NORTHWESTERLY AND. NORTHERLY ALONG SAID RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52°45'08'' AN ARC DISTANCE OF 92.07 FEET TO AN INTERSECTION WITH A NON- TANGENT LINE; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE NORTH 89004'26'' EAST ALONG SAID NON-TANGENT LINE A DISTANCE OF 10.00 FEET TO AN INTERSECTION WITH A LINE LYING 10,00 FEET EASTERLY OF AS MEASURED AT RIGHT ANGLE TO AND PARALLEL WITH SAID RIGHT-OF-WAY LINE AND THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS NORTH 89004'26'' EAST 90.00 FEET, THENCE SOUTHERLY AND SOUT~LEASTERLY ALONG SAID PARALLEL LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52045'08'' AN ARC DISTANCE OF 82,86 FEET TO A POINT OF REVERSE CURVATURE CONCAVE 'q~ESTERLY AND HAVING A RADIUS OF 62.00 FEET, THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85040'46'' AN ARC DISTANCE OF 92.71 FEET; .2524 (1 OF 3) IVL~;. 0[~.o~: 7400 T:~miami Trail N., Suitc 200, Napleg, F[orich 34108 . (941~ "~-' l.~e County:. 1625 Hc. ndry St., Suitc I01, Fort Myers, Florida 3390' ' ~ ~ '"¥ ................ OR: 2453 PG: 2525 THENCE LEAVING SAID PARALLEL LINE SOUTH 32°00'04" WEST 22.84 FEET TO AN IN/ERSECTION YvqTH THE AFORESAID NORTHERLY LINE OF CONSERVATION EASEMENT NO. 4; THENCE SOUTH 72°26'20" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 16.86 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 0.049 OF AN ACRE OF LAND MORE OR LESS; SUB/ECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLI, BARBER & BRUNDAOE, INC. PROFESSIONAL ENOINEERS, PLAN1WERS AND LAND SURVEYORS ',:.A~RIEL R. ALVAREZ, P.S.M. ~ 5358 lIEF: ABB DRAWING FILE NO. 6356 DATE ~/~. I O. I 06KT. D.~.S (2 OF 3) OCT 10 '97 13:15 PAGE.03 OR: 2453 PG: 2526 *** <D II II .~. MAINSAIL TRACT /0' R.O.W. :~LACE "R" C.U.E. OCT 10 '9~ 1B:16 PAGE.04 NOTr.::'Thi~'~s a two-part form. Send both parts to the Department of State for filing. If a copy of this form is needed prior to filing, make photocopies for your records. IMPORTANT: Read instructions on back before filling out form. STATE OF FLORIDA UNIFORM COMMERCIAL CODE STATEMENT OF CHANGE FORM UCC-3 (REV. 1993) This Statement of Change is presented to a filing officer pursuant to the Uniform Commercial Code: 1. Debtor (Last Name First if an Individual) la. Date of Birth or FEI# CKAP Corporation, a Florida corporation lb. Maiiing Address 1 ~c; Cit--y, State _l ! i dl Zip Code 9131 College Parkway, Suite 13-B No. 207 / Fort Myers , FL [33919 2. Addi{i~nal De6{~r or Trade Nan~e (Last Na-me First if an Individual) 1 2a. Date of Bidh~ or FEI# HCC, Inc., a Florida corporation 2~. Mailing Address 72c. CiiY; ~tate ~2d:~ip C0de - 9131 College Parkway, Su_it_e 13-B No. 207 .port Myers, FL ~33919 ~31' Secured Party (Last Name First if an Individual) Pennsylvania National Bank and Trust Company 3a. Mailing Address [3b: Ci'ty, State ~3c~ zip~0de ottsville, PA 17901 One South Center Street ~ . 41 Additionai se~red Party (East Nam~Fi~stii an Individ~ei) -- 4a. Mailing Address .... 14b~ Ciiy, Slat~ ! 4c. Zip Code This Statement refers to original Financing Statement bearing file number: OR 2317, Page 13 11 C.O D.~ E.~-I F. ~ Continuation - Release - Full Assignment - Partial Assignment - Amendment - Termination - G. ~ Other- filed on The original Financing Statement between the Debtor and Secured Party bearing the file number shown above is continued. The Secured Party releases the collateral described in Block 7 below from the Financing Statement bearing the file number shown above, RELEASE DOES NOT TERMINATE LIEN AGAINST DEBTOR. All of the Secured Party's rights under the Financing Statement have been assigned to the assignee whose name and addressis shown in Block 7 below. Some of Sec ured Party's rights under the Financing Statement have been assig ned to the assignee whose name and address is shown in Block 7. A description of the collateral subject to the assignment is also shown in Block 7. The Financing Statement bearing the file number shown above is amended as set forth in Block 7. (See instructions for signature requirements.) The Secured Party no longer claims an interest under the Financing Statement bearing the tile number shown above. Utility facilities subordination and consent 7. Description of collateral released or assigned, Assignee name and address, or amendment. Use additional sheet(s) if necessary. Utility facilities lying within Lots 35 through 38, Tarpon Cove Replat, as more particularly described in Exhibit "B" attached hereto and made a part hereof. 8. Signature(s) of Debtor(s): (only if amendment - see instructions) 9. Signature(s) of Secured party(les): Pennsylvania National Bank and Trust Company By: 10. 11. Return Copy to: Name Address Address City, State, Zip Robin Huffman WCI Communities 24301 Walden Center Drive Bonita Springs, FL 34134 This space for use of Filing Officer 2362154 OR: 2453 PG: 2527 ~CORDI9 in OFFICIAL I~CORDS of COLLIER COUNY~, IL 108/24/98 at 09:01~# D~IGH? l. BEOC[, CLBIK i~C ~! 24.00 ~Retn: Il? 5586 FLUNG OFFICER COPY STANDARD FORM - FORM UCC-3 Approved by Secretary of State, State of Florida OR: 2453 PG: 2528 EXHIBIT "A" ADDITIONAL DEBTORS Charles Huether, Trustee 9131 College Parkway, Suite 13-B, No. 207 Fort Myers, Florida 33919 Ronald St. Clair, Trustee 9131 College Parkway, Suite 13-B, No. 207 Fort Myers, Florida 33919 Prot'~slon~ Chanters, planners & land sucvcyors DESCRIPTION OF A WA~.ERLIlq~ EASEMENT OR: 2453 PG: OVER, UNDER AND ACROSS ALL THAT PART OF LOT'S 35 THROUGH 38 TARPON COVE KEPLAT ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 29, PAGES 14 THROUGH 17, PUBLIC Ri/CORDS Ob' COLLIER COUN'IY, k'LOKIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINnING AT TIlE SOl ITNWF, ST CORNER OF SAID LOT 3~ AND A POINT ON A NORTHERLY LINE OF CONSERVATION EASEMENT NO. 4 AS SHOWN ON SAID PLAT, THENCE NOIZTH 23003'49'' WEST ALONG A WESTERLY LINE OF SAID LOT 35 A DISTANCE OF 10.29 FEET TO AN INTERSECTION WITH A SOUTHEASTERLY RIGHT-OF-WAY LINE OF MAINSAIL PLACE (TRACT "R") AND THE ARC OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS NORTH 23003'49'. WEST 52.00 FEET, THEaNCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG A EASTERLY RIGHT-OF-WAY LINE OF SAID MAINSAIL PLACE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 120°36'54'' AN ARC DISTANCE OF 109.47 FEET TO A POINT OF REVERSE CURVATURE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 100.00 FEET, THENCE NORTHWESTERLY AND. NORTHERLY ALONG SAID RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52°4:5'08'' AN A.KC DISTANCE OF 92.07 FEET TO AN INTERSECTION WITH A NON- TANGENT LrNE; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE NORTH 89004'26'' EAST ALONG SAID NON-TANGENT LINE A DISTANCE OF I0.00 FEET TO AN INTERSECTION WITH A LINE LYING 10.00 FEET EASTERLY OF AS MEASURED AT RIGHT ANGLE TO AND PARALLEL ~rlTH SAID RIGHT-OF-WAY LINE AND THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS NORTH 89004'26'' EAST 90.00 FEET, THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID PARALLEL LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52045'08'' AN ARC DISTANCE OF 82.86 FEET TO A POINT OF REVERSE CURVATURE CONCAVE WESTEI:LLY AND HAVING A RADIUS OF 62.00 FEET, THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTH~qESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85040'46'' AN ARC DISTANCE OF 92.71 FEET; 2529 (I OF 3) M,i- Offi~: 7400 T~miami Trail N., Sukc 200, Naples. Florld~ 34108 - (941) 597-3111 - FAX: (941) 566-2203 L~e Gou~ty: 1625 Hcndry Sr., S~it¢ I01, Fort Myers, Floridz 35901 - (941) 334-1173. FAX: (941) 334-1175 ..... '_ .............. OR: 2453 PG: 2530 THENCE LEAViNO SAID PARALLEL LINE SOUTH 32°00'04'' WEST 22.84 FEET TO AN INTERSECTION WITH THE AFORESAID NORTHERLY LINE OF CONSERVATION EASEMENT NO. 4; THENCE SOUTH 72°26'20' WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 16.86 FEET TO THE POINT OF BEGINNINO OF THE EASEMENT HEKEIN DESCRIBED; CONTAINING 0.049 OF AN ACRE OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLI, BARBER & BRUNDAOE, INC. PROFESSIONAL ENGINEERS, PLANNERS AND LAND SURVEYORS ',:.P~IEL R. ALVAREZ, P.S.M. ~ 5358 REF: ABB DRAWING FILE NO. 6356 DATE IIIII~. I O. I OdK T. D £$ (2 ox 3) OCT 19 '97 13:15 PAGE.03 OR: 2453 PG: 2531 MAINSAIL =LACE TRACT "_._R" R.O.W. C.U.E. 2362155 OR: 2453 PG: 2532 I~CORDSD in O~ICIAL RECORDS of COLLISR COUNTY, FL 08/24/98 at 09:01Aa D~IG~? ~, BROCE, CLSRE RBC ffl! 24.00 ~etn: BI? 5586 BILL OF SALE THIS BILL OF SALE evidencing the sale and conveyance of the water utility facilities described herein is made this ~_~-~ day of "l~¢q~,~.- , 1997, by Frank Kurchinski, Senior Vice President of WCI Communities Limited Partnership, a Delaware limited partnership, (hereinafter referred to as "Seller"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Buyer"). WITNESSETH: That said Seller, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Seller in hand paid by the said Buyer, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the Buyer, and the Buyer's heirs, successors and assigns forever, all those certain water utility facilities lying within the following described land, together with appurtenant easement rights for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful owner of the said goods and chattels herein referred to as utility facilities; that said goods and chattels are free from all liens and encumbrances; that it has good right, title and authority to sell same, and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoever. Seller and Buyer are used for singular or plural, as the context requires. OR: 2453 PG: 2533 IN WITNESS WHEREOF, SELLER has caused these presents to be executed the date and year first above written. Witness Printed Name : /15 .Y £ /~ ~/~L// Wimess Printed Nme: /~e l~ ~ ~' . Oa r J~ml WCI Communities Limited Partnership, a Delaware limited .partn~rship~ ~ Kurc~q~i, Senior Vice President STATE OF FLORIDA COUNTY OF LEE The foregoing Bill of Sale was acknowledged before me by Frank Kurchinski, Senior Vice President of WCI Communities Limited Partnership, a Delaware limited partnership on behalf of the partnership. Personally known ~' or produced identification Type of identification produced: WITNESS my hand and official seal this o-q/n-,~ day of ~ Trt~,,_, 1997. ~otary Pt~lic My Commission Expires: Notary Printed Name Prepared by: June Miller - Agnoli, Barber & Brundage, inc. 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 10-488j7.doc.wpd 2 Professional engineers, planners & land surveyors OR: 2453 PG: DESCRIPTION OF A WATERLINE EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF LOT'S 35 THROUGH 38 TARPON COVE REPLAT ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 29, PAGES 14 THROUGH 17, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 35 AND A POINT ON A NORTHERLY LINE OF CONSERVATION EASEMENT NO. 4 AS SHOWN ON SAID PLAT, THENCE NORTH 23°03'49" WEST ALONG A WESTERLY LINE OF SAID LOT 35 A DISTANCE OF 10.29 FEET TO AN INTERSECTION WITH A SOUTHEASTERLY RIGHT-OF-WAY LINE OF MAINSAIL PLACE (TRACT "R") AND THE ARC OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS NORTH 23003'49" WEST 52.00 FEET, THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG A EASTERLY RIGHT-OF-WAY LINE OF SAID MAINSAIL PLACE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 120°36'54" AN ARC DISTANCE OF 109.47 FEET TO A POINT OF REVERSE CURVATURE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 100.00 FEET, THENCE NORTHWESTERLY AND. NORTHERLY ALONG SAID RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52045'08" AN ARC DISTANCE OF 92.07 FEET TO AN INTERSECTION WITH A NON- TANGENT LINE; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE NORTH 89°04'26'' EAST ALONG SAID NON-TANGENT LINE A DISTANCE OF 10.00 FEET TO AN INTERSECTION WITH A LINE LYING 10.00 FEET EASTERLY OF AS MEASURED AT RIGHT ANGLE TO AND PAI:DkLLEL WITH SAID RIGHT-OF-WAY LINE AND THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLy WHOSE RADIUS POINT BEARS NORTH 89°04'26'' EAST 90.00 FEET, THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID PARALLEL LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52045'08" AN ARC DISTANCE OF 82.86 FEET TO A POINT OF REVERSE CURVATURE CONCAVE WESTERLY AND HAVING A RADIUS OF 62.00 FEET, THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85°40'46'' AN ARC DISTANCE OF 92.71 FEET; 2534 (I OF 3) EXHIBIT "A" Main Office: 7400 Tamiami Trail N., Suite 200, Naples, Florida 34108 · (941) 597-3111 · FA,'(: (941) 566-2203 Lee County: 1625 Hendry St., Suite 101, Fort Myers, Florida 33901 · (941) 334-1173 · FAX: (941) 334-1175 OR: 2453 PG: 2535 THENCE LEAVING SAID PARALLEL LINE SOUTH 32°00'04'' WEST 22.84 FEET TO AN INTERSECTION WITH THE AFORESAID NORTHERLY LINE OF CONSERVATION EASEMENT NO. 4; THENCE SOUTH 72026'20'' WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 16.86 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 0.049 OF AN ACRE OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLI, BARBER & BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS AND LAND SURVEYORS · AL AREZ, P.S.M. ~ 5558 REF: ABB DRAWING FILE NO. 6356 DATE ARA/kt I~P-I O-I O6K7. DES (2 OF 3) EXHIBIT "A " *** OR: 2453 PG: 2536 *** Illlllll MAINSAIL TRACT /0' R.O.W.~ EXHIBIT "~ " PLACE '~'~R C.U.E. 2362156 OR: 2453 PG: 2537 RB¢O~D in OPH¢IAL R~CORDS of COLLIER COUN?¥, PL 08/24/98 at 09:01~ D~IGHT B, BROCK, CL~RK ~C ~ 19.50 ~0¢-.?0 .?0 Retn: ~I~LI~ ~X? ~586 UTILITY EASEMENT THIS EASEMENT, granted this I(~ day of~ 6~qYx~4~ ,1997 by CKAP Corporation, a Florida corporation, whose address is 9131 College Parkway, Suite 13-B, Box 207, Fort Myers, FL 33919, as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain utility facilities, in, on, over and under the following described lands being located in Collier County, Florida, all County utility easements indicated CUE for installation and maintenance of its facilities. Developer/HOA agrees for itself, its successors and assigns, that is will be responsible for the cost of any and all repairs, replacement, maintenance or restoration of improvements or landscaping installed by the grantor within the easement area, to wit: See attached Exhibit "A" which is incorporated herein by reference TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constrUcting, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year fir , ve written. Witr~3~s - SignatUre Witness - Printed Name W't Ess - Sigpature~ Witness - Printed Name STATE OF CKAP Corporation, a Florida corporation COUNTY OF ~ ."'7'x. The for.egoing instrument was acknowledged before me this i ~ ~C ~_<'v~ ~CM.~X~ , 1997, personally known x,~ or produced identi-fica---~ion __ of identification produced: (Affix notary seal) Prepared by: June Miller - 10-488j7.doc.wpd Agnoli, Barber & Brundage, lnc, 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 day of Type Notary Public My/Qommission Em}ir~s: ,'")['-~ Notary Printed Name I RO4~IN HUFFI~L'~N ~ k I / ~m. No. ~4~21~ L lllllhl~i IIIIII['~A~~ ~ IIIIIIhl~j · IIIII Professional engineers, planners & land surveyors OR: 2453 PG: DESCRIPTION OF A WATERLINE EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF LOT'S 35 THROUGH 38 TARPON COVE REPLAT ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 29, PAGES 14 THROUGH 17, PUBLIC RECORDS OF COLLIER COUNTY, FLOR/DA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGll'qNING AT THE SOUTHWEST CORNER OF SAID LOT 35 AND A POINT ON A NORTHERLY LINE OF CONSERVATION EASEMENT NO. 4 AS SHOWN ON SAID PLAT, THENCE NORTH 23°03'49'' WEST ALONG A WESTERLY LINE OF SAID LOT 35 A DISTANCE OF 10.29 FEET TO AN INTERSECTION WITH A SOUTHEASTERLY RIGHT-OF-WAY LINE OF MAINSAIL PLACE (TRACT "R") AND THE ARC OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS NORTH 23°03'49'' WEST 52.00 FEET, THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG A EASTERLY RIGHT-OF-WAY LINE OF SAID MAINSAIL PLACE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 120036'54.' AN ARC DISTANCE OF 109.47 FEET TO A POINT OF REVERSE CURVATURE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 100.00 FEET, THENCE NORTHWESTERLY AND. NORTHERLY ALONG SAID RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52°45'08'' AN ARC DISTANCE OF 92.07 FEET TO AN INTERSECTION WITH A NON- TANGENT LINE; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE NORTH 89°04'26'' EAST ALONG SAID NON-TANGENT LINE A DISTANCE OF 10.00 FEET TO AN INTERSECTION WITH A LINE LYING 10.00 FEET EASTERLY OF AS MEASURED AT RIGHT ANGLE TO AND PARALLEL WITH SAID RIGHT-OF-WAY LINE AND THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS NORTH 89°04'26'' EAST 90.00 FEET, THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID PARALLEL LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52°45'08'' AN ARC DISTANCE OF 82.86 FEET TO A POINT OF REVERSE CURVATURE CONCAVE WESTERLY AND HAVING A RADIUS OF 62.00 FEET, THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85°40'46'' AN ARC DISTANCE OF 92.71 FEET; 2538 (] oF 3) EXHIBIT "A" Main Office: 7400 Tamiami Trail N., Suite 200, Naples, Florida 34108 · (941) 597-3111 · FAX: (941) 566-2203 Lee County: 1625 Hcndry St., Suite 101, Fort Myers, Florida 33901. (941) 334-1173 · FAX: (9a:1) 334-i I75 OR: 2453 PG: 2539 THENCE LEAVING SAID PARALLEL LINE SOUTH 32°00'04'' WEST 22.84 FEET TO AN INTERSECTION WITH THE AFORESAID NORTHERLY LINE OF CONSERVATION EASEMENT NO. 4; THENCE SOUTH 72026'20'' WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 16.86 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 0.049 OF AN ACRE OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLI, BARBER & BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS AND LAND SURVEYORS BYARIEL R. ALVAREZ,~558 REF: ABB DRAWING FILE NO. 6356 DATE AR, O'kt WP-I O-I O6KZDES (2 OF 3) EXHIBIT "A " *** OR: 2453 PG: 2540 *** ) MAINSAIL PLACE TRACT "__R" /~o'~.o.w. c.u.~. EXHIBIT ".~ " 2362157 OR: 2453 PG: 2541 08/24/98 at 09:01~ DWIGHT ~. BROCK, CLBRK £etn: DOC-,70 24,00 .?0 UTILITY FACILITIES WARRANTY DEED THIS INDENTURE made this 2.~''s day of '-122:~.,_.~;~v,~- , 1997, between Frank Kurchinski, Senior Vice President of WCI Communities Limited Partnership, a Delaware limited partnership, (hereinafter referred to as "Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Grantee"). WITNESSETH: That said Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs, successors and assigns forever, all water utility facilities lying within the following described land, together with appurtenant easement rights for operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) and said Grantor does hereby fully warrant the title to said utility facilities, and will defend the same against the lawful claims of all persons whomsoever. For the purposes of this conveyance, the utility facilities conveyed herein shall not be deemed to convey any of the lands described in Exhibit "A". Grantor and Grantee are used for singular or plural, as context requires. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural as the context requires. OR: 2453 PG: 2542 IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. Witness - Signatur¢~ Witness - Printed Name Witness - Signature Witness - Printed Name WCI Communities Limited Partnership, a Delouse lim~. _PTulrshi~ Ku;chi~s~:'oerPresident STATE OF FLORIDA COUNTY OF LEE The foregoing Utility Facilities Warranty Deed was acknowledged before me by Frank Kurchinski, Senior Vice President of WCI Communities Limited Partnership, a Delaware limited partnership, on behalf of the partnership. Personally known t//or produced identification Type of identification produced: WITNESS my hand and official seal this~ day of ~(~L~, 1997. Notary Public My Commission Expires: ~T Notary Printed Name Prepared by: June Miller - Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 10-488j7.doc.wpd *Signed pursuant to authority granted Attorney recorded in Official Records of Collier County, Florida in Certificate of Authority/Power of Book 2301, Page 3188, Public Records Professional engineers, planners & land surveyors OR: 2453 PG: DESCRIPTION OF A WATERLINE EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF LOT'S 35 THROUGH 38 TARPON COVE REPLAT ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 29, PAGES 14 THROUGH 17, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 35 AND A POINT ON A NORTHERLY LINE OF CONSERVATION EASEMENT NO. 4 AS SHOWN ON SAID PLAT, THENCE NORTH 23°03'49" WEST ALONG A WESTERLY LINE OF SAID LOT 35 A DISTANCE OF 10.29 FEET TO AN INTERSECTION WITH A SOUTHEASTERLy RIGHT-OF-WAY LINE OF MAINSAIL PLACE (TRACT "R") AND THE ARC OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS NORTH 23°03'49" WEST 52.00 FEET, THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG A EASTERLY RIGHT-OF-WAY LINE OF SAID MAINSAIL PLACE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 120036'54'. AN ARC DISTANCE OF 109.47 FEET TO A POINT OF REVERSE CURVATURE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 100.00 FEET, THENCE NORTHWESTERLY AND. NORTHERLY ALONG SAID RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52°45'08" AN ARC DISTANCE OF 92.07 FEET TO AN INTERSECTION WITH A NON- TANGENT LINE; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE NORTH 89°04'26'' EAST ALONG SAID NON-TANGENT LINE A DISTANCE OF I0.00 FEET TO AN INTERSECTION WITH A LINE LYING 10.00 FEET EASTERLY OF AS MEASURED AT RIGHT ANGLE TO AND PARALLEL WITH SAID RIGHT-OF-WAY LINE AND THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLy WHOSE RADIUS POINT BEARS NORTH 89°04'26'' EAST 90.00 FEET, THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID PARALLEL LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52°45'08'' AN ARC DISTANCE OF 82.86 FEET TO A POINT OF REVERSE CURVATURE CONCAVE WESTERLY AND HAVING A RADIUS OF 62.00 FEET, THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85°40'46'' AN ARC DISTANCE OF 92.71 FEET; 2543 (1 OF 3) EXHIBIT 'A " Main Of'rice: 7400 Tamiami Trail N., Suite 200, Naples, Flodda 34108 . (941) 597-3111 · FAX: (941) 566-2203 Lee County: 1625 Hendry St., Suite 101, Fort Myers, Flodda 33901. (941) 334-1173 · FAX: (941) 334-1175 OR: 2453 PG: 2544 THENCE LEAVING SAID PARALLEL LINE SOUTH 32000'04'' WEST 22.84 FEET TO AN INTERSECTION WITH THE AFORESAID NORTHERLY LINE OF CONSERVATION EASEMENT NO. 4; THENCE SOUTH 72026'20'' WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 16.86 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 0.049 OF AN ACRE OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLI, BARBER & BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS AND LAND SURVEYORS ARIEL R. AL AREZ, P.S.M. ~ 5558 KEF: ABB DRAWING FILE NO. 6356 DATE ARA/kt WP-I 0-106K7. DES (2 OF 3) EXHIBIT "A " *** OR: 2453 PG: 2545 MAINSAIL PLA CE TRACT "R" R.O.W. C.U.E. OWNER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF LEE BEFORE ME, theundersigned authority, personally appeared Frank Kurchinski who to me is well known, and having been duly sworn and under oath, deposes and states: My name is Frank Kurchinski. I am over the age of twenty-one (21) years, am sui juris, and have personal knowledge of the facts contained herein. I am the agent for the owner of said real property located at Tarpon Cove, and legally described on Exhibit A. o All persons, firms, corporations, including the general contractor and all subcontractors, who have furnished services, labor or materials according to plans and specifications, or extra items, used in the construction or repair of the water utility facilities on real estate hereinafter described, have been paid in full and that such work has been fully completed and accepted by the owner. No claims have been made to the Owner by, nor is any suit now pending on behalf of any contractor, subcontractor, laborer or materialman, and further no chattel mortgages or conditional bills of sale have been given or are now outstanding as to the subject utility facilities placed upon or installed in the aforesaid premises. The utility facilities described herein are not included in, encumbered by, or subject to any real property mortgage, chattel mortgage, security agreement, Uniform Commercial Code financing statement, or any other encumbrance. o As and on behalf of the owner of the subject utility facilities, does for valuable consideration hereby agree and guarantee, to hold the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the Goveming Board of the Collier County Water - Sewer District harmless against any lien, claim or suit by any general contractor, subcontractor, mechanic or materialman, and against chattel mortgages, security interests or repair of the subject utility facilities. Affiant is used as singular or plural, as the context requires. The utility facilities referred to herein are located within the real property described in the attached Exhibit "A". FURTHER AFFIANT SAYETH NAUGHT. DATED this ~ day of i~c~A~,~.~3~ ./- ,1997. ~~Urank Kurchinski Printed Name SUBSCRIBED AND SWORN to before me this ~ day of ~)~o~~ , 1997 by Frank Kurchinski, Personally known l//or Produced identification Type of identification produced SALLY A ROSIER COMMISSION NUMBER CC412804 MY COMMISSION EXP, OCT. .. Ngtary Pul~c - My Commission Expires: ~Q,q_ ~ //; /c/~o° Notary Printed Name Prepared by: June Miller - l 0-488j7.doc.wpd Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 2 Illll~,-~, ,--,.,..--.,- .,- BBIBIr, L.. IIIIIl1"1~ ilIIIIB'~, ~ ~ ~-~. BIBB Illlb"l'~ mBnnn n J RUNDAGE, Professional engineers, planners & land surveyors DESCRIPTION OF A WATERLINE EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF LOT'S 35 THROUGH 38 TARPON COVE REPLAT ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 29, PAGES 14 THROUGH 17, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 35 AND A POINT ON A NORTHERLY LINE OF CONSERVATION EASEMENT NO. 4 AS SHOWN ON SAID PLAT, THENCE NORTH 23°03'49" WEST ALONG A WESTERLY LINE OF SAID LOT 35 A DISTANCE OF 10.29 FEET TO AN INTERSECTION WITH A SOUTHEASTERLY RIGHT-OF-WAY LINE OF MAINSAIL PLACE (TRACT "R") AND THE ARC OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS NORTH 23003'49" WEST 52.00 FEET, THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG A EASTERLY RIGHT-OF-WAY LINE OF SAID MAINSAIL PLACE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 120°36'54" AN ARC DISTANCE OF 109.47 FEET TO A POINT OF REVERSE CURVATURE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 100.00 FEET, THENCE NORTHWESTERLY AND. NORTHERLY ALONG SAID RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52o45'08" AN ARC DISTANCE OF 92.07 FEET TO AN INTERSECTION WITH A NON- TANGENT LINE; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE NORTH 89004'26" EAST ALONG SAID NON-TANGENT LINE A DISTANCE OF 10.00 FEET TO AN INTERSECTION WITH A LINE LYING 10.00 FEET EASTERLY OF AS MEASURED AT RIGHT ANGLE TO AND PARALLEL WITH SAID RIGHT-OF-WAY LINE AND THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY WHOSE 1LADIUS POINT BEARS NORTH 89°04'26'' EAST 90.00 FEET, THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID PARALLEL LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52045'08" AN ARC DISTANCE OF 82.86 FEET TO A POINT OF REVERSE CURVATURE CONCAVE WESTERLY AND HAVING A RADIUS OF 62.00 FEET, THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85°40'46" AN ARC DISTANCE OF 92.71 FEET; (1 OF 3) EXHIBIT 'A " Main Office: 7400 Tamiami Trail N., Suite 200, Naples, Florida 34108 · (941) 597-3111 · FAX: (941) 566-2203 Lee County: 1625 Hcndry St., Suite 101, Fort Myers, Florida 33901 · (941) 334-1173 - FAX: (941) 334-1175 THENCE LEAVING SAID PARALLEL LINE SOUTH 32°00'04'' WEST 22.84 FEET TO AN INTERSECTION WITH THE AFORESAID NORTHERLY LINE OF CONSERVATION EASEMENT NO. 4; THENCE SOUTH 72026'20'' WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 16.86 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 0.049 OF AN ACRE OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLI, BARBER & BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS AND LAND SURVEYORS B Y ARI~VA~REZ (~'~'-~-"~, P.S.M. q~. 5~58 REF: ABB DRAWING FILE NO. 6356 DATE ARAJkt WP-I O-I O6K7. DES (2 OF 3) EXHIBIT 'A " ~lllllllll ~ IIIIIIIII ~ nnnnnnnnn MAINSAIL TRACT o ~~ EXHIBIT ",~ " R.O.W. OLACE C.U.E. This Instrument Prepared By: Stephen C. Pierce, Esq. 24301 Walden Center Drive Bonita Springs, Florida 34134 ATTORNEY'S AFFIDAVIT STATE OF FLORIDA COUNTY OF LEE ON THIS ] ~ day of December, 1997, before me personally appeared Stephen C. Pierce, a licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number is: 24301 Walden Center Drive, Bonita Springs, Florida 34134, (941) 947-2600 (hereinafter "Affiant"), who, being duly sworn on his oath, does say: 1. This affidavit is given as an inducement to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT to accept the dedication or conveyance of utility facilities located within or upon the real property described in Exhibit "A" attached hereto and made a part hereof. 2. The Affiant has examined record title information to the real property referenced in this affidavit, including but not limited to, information requested from the Florida Secretary of State relative to any Uniform Commercial Code financing statements. 3. The record owner of the real property described herein is CKAP Corporation, a Florida corporation (hereinafter "Owner"). The Owner acquired record title to the subject real property by instrument dated June 26, 1996, recorded in Official Records Book 2204, Page 1085, of the Public Records of Collier County, Florida (copy attached). 4. The Affiant has examined corporate information obtained from the State of Florida on CKAP Corporation and has determined that CKAP Corporation is current and active as a corporation in the State of Florida and that Charles Huether, President of CKAP Corporation, is authorized to execute the instruments on behalf of the corporation in conjunction with the conveyance of the subject water and sewer utility facilities. 5. Affiant states that the following documents have the effect of creating a lien or encumbrance upon all of the real and personal property herein: (a) Mortgage which was executed by HCC, Inc., a Florida corporation, CKAP Corporation, a Florida corporation, Charles Huether, Trustee and Ronald St. Clair, Trustee to Pennsylvania National Bank and Trust Company dated April 29, 1997, recorded May 1, 1997 in O.R. Book 2309, Page 1981, Public Records of Collier County, Florida. (b) Financing Statement between Pennsylvania National Bank and Trust Co., (Secured Party), and CKAP Corporation, a Florida corporation, HCC, Inc., a Florida corporation, Charles Huether, Trustee and Ronald St. Clair, Trustee (Debtors), recorded in O.R. Book 2317, Page 131 l, Public Records of Collier County, Florida. (c) Collateral Assignmem of Agreemems Affecting Real Estate between CKAP Corporation, a Florida corporation, HCC, Inc., a Florida corporation, Charles Huether, Trustee and Ronald St. Clair, Trustee and Pennsylvania National Bank and Trust Company dated April 29, 1997, recorded July 1, 1997 in O.R. Book 2327, Page 1878, Public Records of Collier County, Florida. (d) Assignmem of Leases and Rems between CKAP Corporation, a Florida corporation, HCC, Inc., a Florida corporation, Charles Huether, Trustee and Ronald St. Clair, Trustee and Pennsylvania National Bank and Trust Company dated April 29, 1997, recorded July 1, 1997 in O.R. Book 2839, Page 3520, Public Records of Collier County, Florida. (e) Financing Statemem between Pennsylvania National Bank and Trust Co. (Secured Party), and CKAP Corporation, a Florida corporation, HCC, Inc., a Florida corporation, Charles Huether, Trustee and Ronald St. Clair, Trustee (Debtors), recorded in O.R. Book 2327, Page 1925, Public Records of Collier County, Florida. (f) Financing Statemem between Pennsylvania National Bank and Trust Co. (Secured Party), and CKAP Corporation, a Florida corporation, HCC, Inc., a Florida corporation, Charles Huether Trustee and Ronald St. Clair, Trustee (Debtors), recorded in O.R. Book 2327, Page 1941, Public Records of Collier County, Florida. 6. The the Affiant further states that the information contained in the Affidavit is tree, correct and current as of the date this Affidavit is give. Ste~en 'C. Jfierce STATE OF FLORIDA COUNTY OF LEE The foregl~(njg Attorney's Affidavit was sworn and subscribed to (or affirmed) before me this .I0 day of December, 1997 by Stephen C. Pierce. He is personally known to me. No~'[y Public, State ?f FIpfind/ah Primed Name of Notary Public My Commission Expires: k:\robin\tarpon\docs\attyaff, int 13:43 '1~'1 941 275 a~ee '..":i~ WAR~ DEED re.de d~is ~ day of June, 1996, '-.'.:i~ICI COMMUNITIES LIMITED PARTNERSHIP. :' :-":* '~7', iawarc.limitcd, parmcr~hip, having i~ principal place of businexs at 801 Laurel Oak Drive, ,les, Florida 33.963, h.,er~in called thc Grantor, . ;i:.{.....C~p"CORPORATION, a Florida corporation ....... <...:".!:~g.im. principal place ~f bus~e~s al: 9131 College Parkway, Suite 13B207, Fotx Myers, .,... ;~ ~..*. .. 'call~! thc Grantee, (wherever U'~d herein thc lea'ms "Grantor" and 'Gramee' include all pax~ics to this in.~trument and thc heir~, legal representatives and a.~igr~, ~.~ilP~ of ',:-': ~.'iia~lividualx, and thc succe~or$ and a.~igns of corporation). · . -':':; :-"/':". .... " " · · ' .,~f. thc sum of $I0.00 and oth~ ! ".-:: ·;iy.'~ZTlt: That the Grantor. for and m con~..,dera}m,n_ :':'" ~" .->:.....:.valuable con.~ideration-q, receipt whereo£is hereby acm~ow~eage , hereby grants, J '...~':?.'"alier~.% remi~, r~lea.~s, conveys and confirms unto the Grantee, all that certain land ~ituate in .... · ::'. "i,['.';.~',} Collier County, Florida, viz: L'.,;,°L., :'F.' .-, . .;:i....~ . .v ? .. ' . q..:~.::_.:: .... Par~! 1:. ;".".--.'." The Southwest quarter (114) of thc Northeast quarter (1/4) of Section 16. Township 48 South, Range 25 East, Collier Cotmty, Florida. Parcel 2: Thc North one-half (1/2} of tbe Northeast quarter (1/4) of Section 16, Town~hip 48 South, Range 25 E~t, lying West of the new U.S. ¢i R. ight-of-way, le~ the North 268.54 feet thereof. SUBJeCt TO: A. Taxes and a.sscssmcntS for 1996 and subsequent years: B. Drainage Ea.~cmcnt granted to thc Statc of Florida by instrument recorded in O.K. Book 516, Page 753, Public Records of Collier County, Florida; C. Sixty toot (60') right-of-waY according to the road petition and minutes of Thc Board of County Commissions a~ filed in Minute Book 2 at Page 249, Public Records of Coili~ Comity, Florida; D. Right-of-way conveyance over the South 70 Feet of Parcel I m recorded in O.K. Book 53, Page. 59, Public Records of Collier County FtoHda' ~nd E. Final Order Fctablishing and Confirming Collier County Waler Managemem District Number Seven m recorded in O.R. Book 282. Page 976. Public Records of Collier County, Florida. TOGETHER with all the tenements, hereditament and apptmenance$ thereto belonging or in anywise appertaining. FEB L1 '97 1 941 275 ~199 P~GE.82 02/11/97 ~3:45 cove:rent-% with said. Grantec that the Grantor ia lawfully sciz~ of said tha~ ~e Grantor has good fight a~d lawful authority to $c11' and convey s~id .... ' .i .ile~'di that'thc Grantor hereby f~lly w~rr~t: thc tidc to said land and will dc£cnd thc ~amc againat ;i'~': '.~'': ']'' thc ~wful. ~ of all persona whomsoever; and t.imt ~xid land is ~ of ail encumbrances, '.'.-.--'" e. xe~pt a~'"0therwi~ noted above. ' 'De4 by its proper officer thereunto duly authorized, the day and year fitat above written. WCl COMMUNITIES LIMITED PARTNE~HIP, a Delawar~ limited parmczah/p '.~' Senior Vice Pres/dent .'i . 'i'he fol~g°ing Warranty Deed wa,: acknowledged before me by Jerry H. Schmoyer, Sedor · Vice 'Pr~sidem of WCl Communities Limited Parmersh/p. a Delaware partnership, on ~f of ~e ~P; He is ~r~n~ly ~o~ to me ~d did not ~e ~ oath. · ~ESS mY h~d ~d omc~ ~ ~s ~ day of J~e. 1~ fio~ ~blic La~el Y. SiReriy My Cotillon Expires FEB il 'S? L]:z9 1 9~1 275 ~!99 annnnrA mmmnmT-~,. 2.-,,.,,.-,.. mmnmmk-1-~ IIIIIi[-~ ,, n InllmlI,T'~ I I I I I I Im.l..~/~.~ IN J.~l~J ~.,. {NC. Proi'cssional cnBinccrs, planncrs &: land surveyors DESCRIPTION OF A INGRESS/EGRESS. UTILITY AND DRAINAGE EASEMENT (REVISED 3-7-97) ALL THAT PART OF TRACT "A" TARPON COVE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 27 PAGES 91 THROUGH 97 PUI3LIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTIIWEST CORNER OF SAID TRACT "A"; TIIENCE NORTH 88'05'59" EAST ALONG A SOUTHERLY LINE OF SAID TRACT "A" A DISTANCE OF 125.0'0 FEET TO AN INTERSECTION WITI[ A WESTERLY LINE OF SAID TRACT "A"; TIIENCE SOUTI[ 01 '54'01" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 7.00 -FEET TO TIlE POINT OF BEGINNINg- OF TIlE. EASEMENT I IEREIN BEING DF. SCRIBED; TIIENCE CONTINUE SOUTII 01'54'01" EAST ALONG SAID WESTERI.Y LINE A DISTANCE OF 42.00 FEET; TIIENCE LEAVING SAID WESTERLY LINE NORTIt 88'05'59" EAST 252.95 FEET; 'ri IENCE NORTI l 78"28' I 0" EAST 55.95 IrE ET; TIIENCE NORTII 53'46'5Y' EAST 71.83 FEET; TIIENCE NORTII 28'26'29" EAST 65.72 FEET; TtlENCE NORTH 16"53'25" EAST 45.34 FEET; THENCE NORTIt 05'39'22" WEST 82.89 FEET; TItENCE NORTH 16°11'40" WEST 336.77 FEET TO A POINT OF CURVATURE CONCAVE WESTEtLLY AND }lAVING A ILADIUS OF 267.00 FEET; THENCE NORTHERLY, AND NORTIIWESTERLY ALONG TIlE ARC OF SAID CURVE TI{ROUGH A CENTRAL ANGLE OF 10'36'00" AN ARC DISTANCE OF 49.40 FEET; THENCE NORTH 26'47'40" WEST 91.67 THENCE NORTH 18' 17'53" W. EST 76.30 TtIENCE NORTH 15'48'53" WEST 35.88 THENCE NORTH 14'53'31" THENCE NORTH 26'48'55" THENCE NORTH 42'30'51" THENCE NORTH 49'45'21" THENCE NORTH 46'53'39" THENCE NORTH 21 '01'40" THENCE NORTH 18'16'05" THENCE SOUTH 88'04'37" THENCE NORTH 81'59'34" THENCE SOUTH FEET; FEET; FEET; WEST 70.95 FEET; WEST 27.45 FEET; WEST 21.30 FEET; WEST 30.57 FEET; WEST 50.30 FEET; WEST 38.95 FEET; WEST 65.76 FEET; WEST 178.00 FEET; WEST 53.96 FEET; 88'04'37" WEST 204.34 FEET; EXII[BfT ".4-2' ' (l OF 3) .M.',;,,t~fll..:c:7400'l'.~mi-:t'"iT~iIN ,S,fi{c 200. Hq,ic'.,{'lo,i,{:, 33963 · 4')~,13 ~.')7.311I · VAX .941)566-22!}1 {c..,..,,~:[..: l~,.,5 i{::~,!r~, ~4,5,.Ht,. ~.{)l,]',a{.hl.,c~.,.ll,,~l~ ::'mi. '~11 3~i.I{'~' i'.'..i'. ';4I'.:,3{ Il'' THENCE SOUTH 0!'55'23" EAST 39.00 FEET; THENCE NORTH 88'04'37" EAST I75.50 FEET; THENCE NORTH 89°35'42" EAST 21.97 FEET; TItENCE SOUTH 80°56'40" EAST 137.79 FEET; THENCE SOUTH 09034'47'' EAST 27.79 FEET; THENCE SOUTH 59053'53'' EAST 169.00 FEET; THENCE SOUTH 40°56'13'' EAST 30.13 FEET; THENCE SOUTH THENCE NORTH THENCE SOUTH TtlENCE SOUTH THENCE SOUTH THENCE SOUTH TttENCE NORTI I TIIENCE SOUTH TI IENCE SOUTI I TI IENCE SOUTI I TIIENCE SOUTI I TIIENCE SOUTI! TIIENCE SOUTI I TI IENCE SOUTI 1 TilENCE SOUTII 13'49'48" EAST 31.34 FEET; 73 '28'43" EAST 7.95 FEET; 14'53'31" EAST 143.72 FEET; 26'47'40" EAST 135.59 FEET; 63'12'20" WEST. 10.73 FEET; 21 °26'39" EAST 21.66 FEET; 73'48'20" EAST 9.69 FEET; 16'I 1'40" EAST 321.04 FEET; 73'48'20" WEST 8.00 FEET; 16' I 1'40" EAS'~' 24.73 FEET; 34'58'55" W~'ST 149.91 FEET; 56°42'3Y' WEST 34.63 FEET; 88'05'59" WEST 205.03 FEET; 01 '54'01" EAST 34.11 FEET; TIlE EASEMENT 88'05'59" WEST 37.23 FEET 'FO 'FILE POINT OF BEGINNING OF IIEREIN DESCRIBED. CONTAINING 2.324 ACRES OF LAND, MORE OK LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RF. CORD. AGNOLI, BARBER & BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS AND LAND SURVEYORS AY(IEL R. ALVAREZ, P.S.M. .~. 5358 REF: ABB DRAWING FILENO. 5941 IYP-OI.OTIKTD£$ £XtlIB£T ".4-2"" (2 OF 3) Professional c~zBinccrs, plan.ers 6: hml s.rvcyurs DESCRIPTION OF A INGRESS/EGRESS. I JTIL1TY AND DRAINAGE EASEMENT ALL TI IAT PART OF TRACT "B" TARPON COVE ACCORDING TO TIlE PLAT TIIEREOF AS RECORDED IN PLAT BOOK 27, PAGES 91 TIlROUGIi 97, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCIUBED AS FOLLOWS: COMMENCING AT Tile SOUTIIEAST CORNER OF SAID TRACT "B"; TI IENCE SOUTIi 88°05'59" WEST ALONG Tile SOUTIIERLY LINE OF SAID TRACT "B" A DISTANCE OF 434.02 FEET; TI IENCE LEAVING SAID SOUI'I IERLY LIN E NORTI! (18 °23'13" WEST 27¢).87 FI:'ET; 'FO TI IE POINT OF BEGINNING OF TIlE PARCEL I IF. RI!IN BEIN(] DI'~SCRIIH:D; T! IL:NCE TI 1F. NC F. Ti IF. NCE TI IF. NCE TI 1F. NC F. TI 1F. NC F. 'I'11F. NCE TilF. NCF. TI IENCE '1'I I ENCE TIIENCE T! IENCE NORTI I 00'45'12" NORTIi 07°31'38'' NORTI! 03'36'14" NORT! 1 03'56'51" NORTll 13' !0'29" NOR'ri i 22'04'52" NORTI 1 28'43'51" NORTII 36'45'15" NORTI I 46' 16'2 I" NORTil 54'41'1 i" NORTI i 63'07'01" NOR'FI I 72'47'32" 'Fl IENCE NORT! ! 73'24'15" TIlENCE NORTI! 68'21'48" T11ENCE NORTll 56'07'06" TIlENCE NORTH 56'48'25" TI I ENCE NORTIt 65'21'44" WF, ST 26.25 FF. ET; F~A S'F 38.19,J:F, FT; FAST 30.15 FF. ET; WEST 42.65 FF.I'71'; WF. ST 46.53 l:l'~i'~'l'; WEST 38.75 FI£F/F; WEST 26.40 I:F,F,T; WEST 50.66 FF, F,T; WEST 41.67 FEF, T; WEST 40.30 FEIEY; WEST 39.58 I:I'~F/F; WEST 56.51 FEET; WEST 18.72 FEET; WEST 37.74 FEET; WEST 161.77 FEET; WEST 65.38 FEET; WEST 29.54 FEET; TIIENCE NORTII 73'10'57" WEST 22.03 FEET 'FO AN INTERSECTION W1TII TIIE ARC OF A NON-TANGENT CURVE CONCAVE SOUTilWESTERLY WllOSE KADIUS POINT BEARS NORTI! 87'25'12" WEST 8!.00 FEET; TIIENCE NORTHERLY, NORTI IWESTERLY, WESTERLY, AND SOUTIIWESTERLY ALONG TIIE ARC OF SAID CURVE TIIROUGH A CENTKAL ANGLE OF 123'30'!5" AN ARC DISTANCE OF 174.60 FEET; TIIENCE SOUTI! 59'04'3Y' WEST 30.10 FEET TO A POINT OF CURVATURE CONCAVE SOUTIIEASTERLY AND IIAVING A RADIUS OF 106.00 FEET; TilENCE SOUTIIWESTERLY, AND SOUTIIERLY ALONG TIlE ARC OF SAID CURVE THROUGit A CENTRAL ANGLE OF 53'33'25" AN ARC DISTANCE OF 99.08 FEET TO AN INTERSECYION WITII A NON-TANGENT LINE; TIIENCE SOUTII 66' 12'18" WEST AI.ONG SAID NON-TANGEN'r LINE A DISTANCE OF 14.90 FEET; TI IENCE SOUTH 42'56'35" THENCE SOUTH 34'08'32" THENCE SOUTH THENCE SOUTH THENCE SOUTH 'FIIENCE SOUTH TI IENCE SOUTlt TilENCE SOUTll TiIENCE SOUTI! 'FIIENCE SOUTII T! IFNCE SOUTII TIIENCE SOUTI I TI IFNCE SOU'rll T! l F. NCE Sou'rl I 35 '47'52" 37'07'58" 32'56'54" 29'01 '47" 24'35'26" 19'12'51" 13'27'33" 03' 12'39" 39'55'11" 65 '38'32" 80'00' 16" 88'26'56" TI IENCE SOUT! 1 75' 18'07" TI I F. NCF. SOtJTI 1 55' ! 6'43" TIIFNCE SOU'Iq 1 45'52'38" TI l I:'NCF. SOUT! ! 37'59'39" WEST 61.63 FEET; WEST 47.23 FEET; WEST 69.15 FEET; WEST 37.63 FEET; WEST 37.88 FEET; WEST 32.87 FEET; WEST 47.10 FEET; WEST 49.97 FEET; WEST 53.69 FEET; WEST 44.24 FEET; EAST 47. ! 8 FEET; EAS'I~ 25.28 FEET; EA,ST 21.91 ~.:F. ET; EAST 201.81 FEF. T; EAST 70.27 FF.F.T; F. AST 23.24 FF. ET; EAST 19.74 I:EET; EAST 17.16 FliF.'I'; T! IENCE SOtJ'l'l i 34"55'55" EAS'I' 132.76 FEF, T TO AN INTF, RSECTION ~Vl'l'l I TI IF. Ali(.; OF A NON-TANGENT CURVE CONCAVE NORTI IF, ASTF, RI,Y WI I()SF, RADIUS POINT IIF, ARS NORTI I 55°07'05' EAST 254.56 FF, F,T; TI IENCF. S()IJTI IF. AS'I'ERLY ALONG Tile ARC OF SAID CI, IRVF, TI IROUGII A CENTRAl, ANGLE OF 04'25'32" AN ARC DISTANCF, OF 19.66 FEET TO AN INTF, RSF. CTION WITil A NON-TANGENT LINE; TIlENCE SOUTII 43'09'13" EAST ALONG SAID NON-TANGENT LINE A DISTANCE OF 37.45 FEET; TI IENCE SOUTH 49'26'02" EAST 41.67 FEET; TI IENCE SOUTH 43' 12'02" EAST 24.59 FEET TO AN iNTERSECTION WITII TI I E ARC OF A NON-TANGENT CURVE CONCAVE SOUTIIWESTERLY WI IOSE RADIUS POINT BEARS SOUTII 50°09'04" WEST 209.00 FEET; TIIENCE SOUTHEASTERLY ALONG 'rile ARC OF SAID CURVE TIIROUGII A CENTRAL ANGLE OF 03'34'34" AN ARC DISTANCE OF 13.05 FEET; TttENCE SOUTtt 36' ! 6'22" EAST 115.51 FEET TO AN INTERSECTION WITI I TI IE NORTHWESTERLY RIGHT-OF-WAY LINE OF TKAT "R" TARPON COVE DRIVE (50' RIGHT-OF-WAY) AND TI IE ARC OF A NON-TANGENT CURVE CONCAVE SOUTIIEASTERLY WHOSE RADIUS POINT BEARS SOUTII 42° 19'34" EAST 275.00 FEET; THENCE NORTIIEASTERLY ALONG SAID RIGItT-OF-WAY LINE AND TItE ARC OF SAID CURVE TIIROUGII A CENTRAL ANGLE OF 09°48'23" AN ARC DISTANCE OF 47.07 FEET TO AN INTERSECTION WITII A NON-TANGENT LINE; SIIEET 2 OF 6 F..\'ll I II [ T "4 - ~" TI1ENCE LEAVING SAID RIGHT-OF-WAY LINE NORTII 36' 16'22" WEST ALONG SAID NON-TANGENT LINE A DISTANCE OF 114.56 FEET TO A POINT OF CURVATURE CONCAVE SOUTtIWESTERLY AND IIAVING A RADIUS OF 256.00 FEET; TilENCE NORTiIWES'FERLY ALONG TIlE ARC OF SAID CURVE TIIROUGH A CENTRAL ANGLE OF 15'40'28" AN ARC DISTANCE OF 70.03 FEET TO A POINT OF REVERSE CURVATURE CONCAVE NOR'FIIEASTERLY AND IIAVING A RADIUS OF 220.00 FEET; TIIENCE NORTIIWESTERLY ALONG 'rile ARC OF SAID CURVE TIIROUGII A CENTRAL ANGLE OF 17'00'55.° AN ARC DISTANCE OF 65.33 FEE'F; TIIF. NCE NORTII 34'55'55" WEST 134.47 FEET TO A POINT OF CURVATURE CONCAVE SOUTIIWESTERLY AND llAVING A RADIUS OF 180.00 FEET; Ti IF. NCF. NORT! IWESTERLY, AND WESTERLY A[..ONG T! IF. ARC OF SAID CIIRVI'.' TI IROUGI[ A CF. NTRAL ANGLE OF 53'3 I'(}O" AN ARC DISTANCE OF 168. ! 3 FF.F.'F; . Tlll~NC'l:. NORTII 88°26'56" Wi!ST 124.7i' FI:'ET TO A POINT OF CURVATUI~F. C()NI.?AVF. NORTI IF. ASTF. RIoY AND I IAVING A RAi)IUS OF 94.00 FEF.'F; TI IF.N(:I: WESTF. RLY, N()RTI IWF. S'FF. RI,Y AND NORTI I I:.RI.Y ALONG TI IE ARC ()F SAIl) CIiI~,VF. TIIROlJ(}ll A CENTRAl. ANGI.F. ()F 110"~)1'30" AN ARC DISTANCE OF 180.51 FEF. T TO A POINT OF COMP()IINI) CURVA'I'URF CON(.'AVE SO[}TliF. ASTERI.Y AND i IAVING A RAI)IUS OF 470.00 FEET; TI I[:.NCE NORTI IERLY AND NORTIIEASTF. RLY AIA)NG TI IF. ARC OF SAIl) CURVE 'ri IROUGII A CEN'FRAL ANGI.[:. ()F 18',I i'53" AN ARC I)ISTANCL: OF 153.38 FEET TO A POIN'F OF I~EVI:.RSE CURVAT[ IRE CONCAVE NORTI IWESTERLY AND I IAVING A RADIUS OF 380.00 FEET; TIIENCE NOR'I'IIEASTERLY ALONG 'File ARC OF SAID CURVE TIIROUGI! A CENTRAL ANGLE OF 10°50'37'' AN ARC DISTANCE OF 71.92 FEET TO A POINT OF REVERSE CURVATURE CONCAVE SOUTi IEASTERLY AND I IAVING A RADIUS OF 194.00 FEET; TIlENCE NORTI IEASTERLY, AND EASTERLY ALONG TIlE ARC OF SAID CURVE TIIROUGI! A CENTRAL ,.\NGLE OF 63°04'12" AN ARC DISTANCE OF 213.55 FEET TO AN IN'rERSECTION WITII A NON-TANGENT LINE; TIIENCE SOUTH 04°36'3Y' WEST ALONG SAID NON-TANGENT LINE A DISTANCE OF 5.00 FEET; TIIENCE SOUTH 86'02'21" EAST 1.0.00 FEET; THENCE NORTH 04°36'33'' EAST 5.00 FEET TO AN INTERSECTION WITII TIlE ARC OF A NON-TANGENT CURVE CONCAVE SOU'FtIERLY WHOSE RADIUS POINT BEARS SOUTH 05°27'i6" WEST 194.00 FEET; TIIENCE EASTERLY AND SOU'FIIEASTERLY ALONG Tile ARC OF SAID CURVE TItROUGII A CENTIL~L ANGLE OF 28'25'39" AN ARC DISTANCE OF 96.25 FEET; TIIENCE SOUTll 56°07'06'' EAST 184.30 FEET TO A POINT OF CURVATURE CONCAVE NORTIIEASTERLY AND IIAVING A RADIUS OF 280.00 FEET; StlEET 3 OF 6 E.\'II[!l~?' "i- :" THENCE SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21 ° 19'04" AN ARC DISTANCE OF 104.18 FEET TO A POINT OF REVERSE CURVATURE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 230.07 FEET; THENCE EASTERLY, SOUTHEASTERLY AND SOUTtlERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87°37'26" AN ARC DISTANCE OF 35 !.85 FEET TO A POINT OF REVERSE CURVATURE CONCAVE EASTERLY AND tlAVING A RADIUS OF 230.00 FEET; 'rItENCE SOUTIIERLY ALONG THE ARC OF SAID CURVE TIlROUGII A CENTRAL ANGLE OF 20°52'I?" AN ARC DISTANCE OF 83.78 FEET TO AN INTERSECTION WITI I A NON-TANGENT LINE; TI I ENCE NORTi I 57°44'32" EAST ALONG SAID NON-TANGENT LINE A DISTANCE OF 51.70 FEET To'rilE POINT OF BEGINNING OF TIlE PARCEL i IF. REIN DESCRIBED CONTAINING 2.764 ACRES OF I,AND MORE OR I.F. SS; SUIUECT TO F. AS1..'MF. NTS AND REST1HC~I'IONS OF I~,I:.CORI). AGNOI.I, BARBER & BRUNDAGF., 1NC. I~I~OFF. SSIONAL ENGINEERS, PLANNF. RS AND I.ANI) SUI~,VF. YORS ARIEL R. ALVAI~EZ, P.,~.M. NO.~8 REF: ABB DRAWING FILE NO. 6024 ARA/~t ~*P.OJ.I ~TKT. DE$ SItEET 4 OF 6 DESCRIPTION OF A INGRESS/EGRESS. UTILITY AND DRAINAGE EASEMENT ALL THAT PART OF TRACT "B" TARPON COVE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK.2,_-L_PAGES c:l I THROUGHC~"[ PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT "Il"; THENCE SOUTIt 88:05'59" WEST ALONG THE SOUTHERLY LINE OF SAID TRACT "B" A DISTANCE OF 392.8 ! FEET TO TIlE POINT OF BEGINNING OF TItlE EASEMENT HEREIN BEING DESCRIBED; TIIENCE CONTINUE SOUTH 88°0S'S9" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 41,22 FEET TO A POINT OF CURVATURE CONCAVE NORTIIERLY AND IIAVING A RADIUS OF 350.00 FEET; TIIENCE WESTERLY ALONG TIlE ARC OF SAID CURVE T~LROUGH A CENTRAL ANGLE OF 05'39'0?" AN ARC DISTANCE OF 34.53 FEET TO AN INTERSECTION WITII A NON-TANGENT LINE; ? ' TIIENCE LEAVING SAID SOUTItERLY LINE NORTIt 32°53'39" EAST ALONG SAID NON-TANGENT LINE A DISTANCE OF 1 !.51 FEET; TtiENCE NORTH 02'30'48' WEST ?0.?0 FEET TO A POINT OF CURVATURE CONCAVE WESTERLY AND IiAVING A RADIUS OF 194.00 FEET; TI LENCE NORTHERLY AND NORTIIWESTERLY ALONG TItlE ARC OF SAID CURVE TIIROUGH A CENTRAL ANGLE OF 27' 16'48' AN ARC DISTANCE OF 92.32 FEET TO A POINT OF REVERSE CURVATURE CONCAVE EASTERLY AND ItAVING A RADIUS OF 230.00 FEET', THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE TI-~OUGH A CENTRAL ANGLE OF 19006'36, AN ARC DISTANCE OF 76.71 FEET TO AN INTERSECTION WITH A NON-TANGENT LINE; THENCE NORTH 57°44'32' EAST ALONG SAID NON-TANGENT LINE A DISTANCE OF S 1.70 FEET; THENCE SOUTH 08"35'52" THENCE SOUTH 18'36'23' EAST 25.65 FEET; EAST 37.33 FEET; THENCE SOUTH 2'7'55'24" EAST 22.3B FEET; THENCE SOUTH 32'41'21" EAST 52.69 FEET; THENCE SOUTH 23'20'43" EAST 28.93 FEET; THENCE SOUTH 13 °35'40" EAST 49.4 ! FEET; THENCE SOUTH 02°30'48" EAST 67.24 FEET TO THE POINT OF BEGINNING OF THE EASEh, IENT HEREIN DESCRIBED. EXIt£B.IT "A-4' (! OF 3) ,M.'~h'~ OITicc: 7400 "['; ;,m .u ni Trail ti., Suitc 200, NB"Ics, Fl,,)n,IJ 33905 · ,941) S97.31 I [ · FAX: (94l) 566.2.'05 ...... - ........ . ,,~ ._ ~, ..,. ~:,m~ · ,.'~',' ~3.1.11~3' l:..\X t,)4!.)331 Il': CONTAINING 0.352 OF AN ACRE OF LAND, MORE OK LESS. SUBJECT TO EASEMENTS AND KESTEICTIONS OF RECORD. .. AGNOLI, BARBER & BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS AND LAND SURVEYORS XRiUL R. ALVAi~-Z, ~.§.M. KEF: ABB DKAWING FILE NO. ~ ~X~S~T 'A-~' (2 OF ~) · ~'Y AND ORAINAGE £ASE~ENT (~. . P~ ~ - ._J I COLLIER COUNTY GO MENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION August 20, 1998 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 June Miller Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North, #200 Naples, FL 34108 Re: Tarpon Cove Water Line Relocation Dear June: This is to inform you that the above referenced project has been granted preliminary approval on August 3, 1998 by Engineering Review in compliance with Collier County Land Development Code, Section 3. All water and/or sewer facilities approved, accepted and required to be maintained by Collier County shall be conveyed to the County pursuant to the provisions set forth in Collier County Ordinance No. 97-17, as amended. You are reminded that it is your responsibility to petition the Development Services Director for final approval of the improvements upon the expiration of the minimum one (1) year maintenance period. After satisfactory completion of all final inspections., the Board of County Commissioners shall grant final approval of the required improvements establishing County responsibility for maintenance of the required improvements if it is the Board's desire to accept and maintain the facilities. If you should have any questions or if we may be of assistance, please advise. Very truly yours, Shirley Nix Engineering Technician II cc: Paul Mattausch, Water Director Cindy Erb, Public Works John Houldsworth, Engineering Review Building Review & Permitting Code Enforcement Housing & Urban Improvement (941) 403-2400 (941) 403-2440 (941) 403-2330 Natural Resources Planning Services Pollution Control (941) 732-2505 (941) 403-2300 (941) 732-2502 nnnnn .. .... Illlllml"'b I/IIIIK · mnnnnP. & i i Iii Pr ),%ssi~ma c~gmccrs, planncrs& land stiYvcvors ENGINEER'S FINAL PAYMENT CONFIRMATION The undersigned engineer of record of the project known as Tarpon Cove Water Line Relocation hereby confirms that the firm of Agnoli, Barber & Brundage, Inc. has been paid in full by WCI Communities Limited Partnership for labor, services or materials furnished in the design, permitting, and construction of the water utility facilities within this project. This confirmation of payment is not a release for any future right to claim a lien for work performed in connection with the property. Dominick J. Amico. Jr.. P.E. Printed Name STATE OF FLORIDA COUNTY OF COLLIER On this 23rd day of December, 1997, personally appeared Dominick J. Amico. Jr.. P.E., whom I know personally and acknowledged that he executed the same. 12-607j7.doc.wpd JUNTA. MILLER My comm. exptms Apd124,1906 Comm. No. 366735 l~ary Public Printed Name: June A. Miller Main Office: 7400 'l~an~iami 'Irail N., .';uitc 200, Naples, Fir)ri:ia 34108 · i941 ) 597 31 I i · }:?~X: (041) 56~6 2203 Lee Count-y: 1625 llcndrv 51., Suite 101. t:ori Myers, FIt,rida 33901 · i941) 334 I t73 . FAX: ~941 ~ 334-1175 IIBIlY-~ ,.-,..,.,--%.,- ~ BBBlPrA,. BBIIBnh'I'~ IBIlninnBl[i illlllll E, ~NC. PRESSURE TEST REPORT PROJECT Tarpon Cove, PN 7183-C/X015 DATE 11/25/97 WITNESSED BY R. Sandrus and R. Casey, CCCS Watermain relocation end of Mainsail Drive TYPE OF LINE: FORCEMAIN X POTABLE IRRIGATION FIRE DIAMETER 8" INCHES, D LENGTH 180' FEET, S TEST PRESSURE 150 PSI TEST: START 150 PSI ~ 8:30 a.m. STOP 150 PSI (~/ 10:30 a.m. AMOI INT 11RPD 0 GA1 AVFR AG12 P.qI ALLOWABLE LEAKAGE: L = SD>P/133,200 GAL/HR = 0.13 GAL/HR X 2 = 0.26 GAL/2 HR PASSED Yes File, Tony Acri, Jim Bailey Main Oflicc: 7400 Tami:mli Tr:~il N., ,~uitc 2(}0, N:'q~lc~;, }:!(>ri.la 34108 . (941} 597'-3li 1 · }::\X: ~.94 t'., 560-22113 Lee Countx: I ()23 t tcm.h';, 5,! ' I ,'SCi{tO ] 0 I , [:t,[l NI\'ci'5~ l'h>!i,.la i';3901 - t94l ) 334- I i 7,~ · F'X.X; {041 ) 334- 1 i 75 FRO~I : Panasonic FAX SYSTEM Lawcon Chiles Governor PHONE NO, : 9415662203 Apr. 22 1998 12:55PM P2 Department of Environmental P rote ct i South District 2295 Victoria Avenue, Suite 364 Fort I'lyers, Florida 33901-3881 Virginia B. Wetherell April 21, 1998 Frank Kurchinski, Senior Vice President wcI Com~unities Limited Partnership .'~'24~o~:W~ilden center Drive Bonita' springs,.Florlda 34134 RE: Collier County Tarpon Cove Yacht & Racquet Club (Collier County Regional WTP) 130668-001-DSGP Dear Mr. Kurchinski: This"'acknowledges receipt of certification that the subject water distribution system extension has been completed in accordance with.the plans and related materials permitted by this agency LLnder Permit Number 130668-001-DSGP dated October 17, 1997. Based on this certification and satisfactory bacteriological resu%ts, we are ap~rov%ng these facilities for service. Your continued cooperation In our water supply program is appreciated. Sincerely, Gary A. Maier Professional Engineer GU/OJO/skw cc: Dominick J. Amico, .' lgclw,ard N.. Finn "Protect, Conserve dnd Mc~no~e Florida's Environrnen~ end Natural Resources" Printed on recked CONTRACTOR' S CERTIFICATION On this 12th day of December, 1997 , the UNDERSIGNED (hereinafter referred to as "CONTRACTOR") HEREBY CERTIFIES to COLLIER COUNTY UTILITIES (hereinafter referred to as "OWNER") the following: WAIVER OF LIEN All labor employed, material purchased, equipment hired, fees, licenses, insurances and taxes of every description have been paid in full and there are no liens outstanding for said project. Contractor further certifies that he will indemnify and save harmless the Owner from any and all manner of claims, liens, suits, loss or damage arising by virtue of Contractor or Contractor's subcontractors or suppliers. WARRANTY AND GUARANTEE If within one year after the date of acceptance by Owner or such longer period of time as may be prescribed by law or by the terms of any' applicable special guarantee required by the Project Engineer, an~ work is found to be defective, Contractor shall promptly, without cost to Owner in accordance with Owner's wcitten instructions, either correct such defective work or, if it has been rejected by Owner, remove it from the site and replace it with nondefective work. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective work corrected or the rejected work removed and replaced, and all direct and indirect costs of such removal and replacement, in- cluding compensation for additional professional services, shall be paid by Contractor. INDEMNIFICATION The Contractor shall indemnify and hold harmless the Owner against all claims, damages, losses and expenses, including, but not limited to, attorney's fees, arising out of or resulting from negligent acts, errors or omissions of the Contractor where the claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including loss of use resulting therefrom. COST AND MATERIAL A detailed accounting of all cost and all quantities of material used in this project, per the as-built and record drawings, is attached as Page 2 of 2, Exhibit "A" and made a part of this certification. THE UNDERSIGNED person, or persons, is authorized to represent the company, corporation, representative or individual (Contractor) and binds himself, his partners, successors, executors, administrators, assigns and legal representatives to the above. TARPON COVE WATER MAIN RELOCATION PROJECT NAME OF WATER AND/OR WASTEWATER SYSTEM · Sworn to and subscribed before me this 12th day of DECEMBER , 19 97 GUYMANN CONSTRUCTION OF FLORIDA INC CONTRACTOR 5686 YOUNGQUIST RD FORT MYERS, FL 33912 Fred Russell, VICE PRESIDENT (NAME AND TITLE) Page 1 of 2 G State of FLorida Department of Health Office of Laboratory Services Jacksonville, Miami, Pensacola Tampa, West Palm Beach DRINKING WA TER BACTERIOLOGICAL ANALYSIS FOR LAB USE ONLY Press hard, (5) copies SYSTEM NAME: SYSTEM I.D. NO: SYSTEM PHONE #: ADDRESS: COUNTY: DISTR]CT: COLLECTOR PHONE #: COLLECTOR: SAMPLE SITE (Locality or Subdivision): DATE AND TINE COLLECTED: TYPE OF SUPPLYCCircLe one): Con!~U_~.~!ty. waterS~stem- Noncommunity water system Nontransient - noncommunity water system Private well Swimming pool Bottled water Limited Use system TYPE OF SAMPLE(Circle one): Compliance Repeat Replacement ,: Main clearance ~ Well survey Other (Check Box) [ ] Distribution [ ] Check here if payment made [ ] Raw to county public health unit TO BE COMPLETED BY COLLECTOR OF SAMPLE TD BE COHPLETED BY LAB ANALYSIS METHOD: i MF , MTF HMO-MUG PA COfl*F [ RM CON F I RM COLL. SAHPLE POINT CL NON NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLI SAMPLE NUMBER * ResuLts in this coLumn are presumptive. Total coliform and fecal coliform or E. coLi confirmation will follow in 24-48 hours. p - CoLiforms are present C - Confluent growth TA - Turbid, Absence of gas or acid A - CoLiforms are absent TNTC - Too numerous to count INVOICE ADORESS (if different than address below): INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER o, E NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: ( ) ( ) SATISFACTORY ( ) INCOMPLETE COLLECTION INFORMATION C ) REPEAT SAMPLES ( ) REPLACEMENT SAMPLES State of Florida Department of Health Office of Laboratory Services jacksonville, Miami, pensacola TlSlpa, West Palm Beach DRINKING WATER BACTERIOLOGICAL ANALYSIS FOR LAB USE ONLY SYSTEM NAME: ADDRESS: Press hard, (5) copies SYSTEM I.D. NO: COUNTY: COLLECTOR: SAMPLE SITE (Locality or Subdivision): DATE AND TIME COLLECTED: TYPE OF SUPPLY(Circle one): ~*Conmnunity water syste~l ' NoncommunitY water system -~'~{~te (Jell sw~nmlng pool Bottled water Compliance Repeat Replacement SYSTEM PHONE #: DISTRICT: COLLECTOR PHONE #: TYPE OF SAMPLE(Circle one): Nontransient - noncommunity water system Limited Use system Main clearance' Well survey other COLL. NO. (Check Box) [ ] Distribution [ ] Raw TO SAMPLE POINT (specific Address) [ ] Check here if paynent made to county public health unit NON COLIFORM T BE COMPLETED BY LAB PA CONFIRM TOTAL FECAL E. COLa SAMPLE NUMBER * Results in this column are prest~nptive. Total coliform and fecal coliform or E_:. col___[ confirmation will follow in 24-48 hours. Coliform are present C - Confluent growth TA - Turbid, Absence of gas or acid P - _ ...... bsentT~_TC.- Too numerous to count iNTERPRETATiONS-REMARKS BY. ~ NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: () ( ) SATISFACTORY ( ) INCOMPLETE COLLECTION INFORMAT ( ) REPEAT SAMPLES ( ) REPLACEMENT SAMPLES CONTRACTOR'S CERTIFICATION TOTAL COST AND QUANTITIES PROJECT NAME: TARPON COVE WATER MAIN RELOCATION WATER SYSTEM WASTEWATER SYSTEM WASTEWATER PUMPING SYSTEM This is a detailed accounting of all cost and all quantities of materials used and installed in this project per the asbuilt and record drawings with each item separately described by size, quantity, unit price and total cost. Include full description and quantity installed for each category. The mobilization, restoration, pavement repair, testing, etc. Js included in the appropriate individual line ~tem cost listed below. ITEM DESCRIPTION SIZE QUANTITY UNIT COST TOTAL C-900 DR-18 PVC Main 8" 185 LF 12.00 $2,220.( O0 Page 2 of 2 Illnlllllll-~. .,.-,.... IIIIIIh"~ Illllllll ~ Profcssiona[ cngmcc:s, plan[~crs Lq 1and surxcyors December 23, 1997 Board of County Commissioners of Collier County 3301 Tamiami Trail East, Building F Naples, FL 34104 Re: Tarpon Cove Water Line Relocation, PN 7183-CC Honorable Commissioners: The purpose of this letter is to certify that to the best of my knowledge, information and belief and in accordance with commonly accepted procedures consistent with applicable standards of practice, the water utility facilities to be dedicated at the above-referenced project have been constructed within a dedicated right-of-way and within the property described in the Utility Easemem provided. This is not a guaranty or warranty, either expressed or implied. Sincerely, Dominick J. Amico, Jr., P.E. DJA/jam cc: Rick Mercer 12-607j7.doc.wpd Main Office: 7400 Tamiami l'r~ai! N, %uitc 200. Naplc's, }:h~rida 3410~-'.. <941 ) 597 31 l 1 · I::AX: ,'941 ) 566-2203 Lee (3ounD,: 1625 l-tern!tv St.~ ~;uitc I0t, }:(,r~ M~,crs, }:l,:,ri&~ 33901 · i94i ) 334 I [73 · }:AX:,.941 ~ i334 I t75 CONTRACTOR'S CERTIFICATION On this 12th day of December, 1997 , the UNDERSIGNED (hereinafter referred to as "CONTRACTOR") HEREBY CERTIFIES to COLLIER COUNTY UTILITIES (hereinafter referred to as "OWNER") the following: WAIVER OF LIEN Ail labor employed, material purchased, equipment hired, fees, licenses, insurances and taxes of every description have been paid in full and there are no liens outstanding for said project. Contractor further certifies that he will indemnify and save harmless the Owner from any and all manner of claims, liens, suits, loss or damage arisihg by virtue of Contractor or Contractor's subcontractors or suppliers. WARRANTY AND GUARANTEE If within one year after the date of acceptance by Owner or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Project Engineer, any work is found to be defective, Contractor shall promptly, without cost to Owner in accordance with Owner's wcitten instructions, either correct such defective work or, if it has been rejected by Owner, remove it from the site and replace it with nondefective work. If Contractor does not promptly comply with the terms of such instructiOns, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective work corrected or the rejected work removed and replaced, and all direct and indirect costs of such removal and replacement, in- cluding compensation for additional professional services, shall be paid by Contractor. INDEMNIFICATION The Contractor shall indemnify and hold harmless the Owner against all claims, damages, losses and expenses, including, but not limited to, attorney's fees, arising out of or resulting from negligent acts, errors or omissions of the Contractor where the claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including loss of use resulting therefrom. COST AND MATERIAL A detailed accounting of all cost and all quantities of material used in this project, per the as-built and record drawings, is attached as Page 2 of 2, Exhibit "A" and made a part of this certification. THE UNDERSIGNED person, or persons, is authorized to represent the company, corporation, representative or individual (Contractor) and binds himself, his partners, successors, executors, administrators, assigns and legal representatives to the above. TARPON COVE WATER MAIN RELOCATION PROJECT NAME OF WATER AND/OR WASTEWATER SYSTEM ,~ Sworn to and subscribed before me this 12th day of DECEMBER , 19 9? GUYMANN CONSTRUCTION OF FLORIDA INC CONTRACTOR 5686 YOUNGQUIST RD FORT MYERS, FL 33912 B y: ~ _L~, Fred Russell, VICE PRESIDENT (NAME AND TITLE) Page 1 of 2 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt I Trans Number Date Post Date Payment Slip Nbr , 158531 2/4/98 2:57:48 PM 2/4/98 UT 31079 --{ GUYMAN CONSTRUCTION 5686 YOUNGQUIST RD Payor' GUYMANN CONST Fee Information Fee Code I Description I GL Account Amount, Waived 142CYIN I COUNTY INVOICES !40800000011510000000 $103.12 Total $103.12 Payments Payment Code i Account/Check Number Amount CHECK i8303 $103.12 Memo: LINE RELOCATION AT TARPON COVE. INVOICE #28131 CK #8303 FOR $103.12 PAID 2/4/98 Total Cash Total Non-Cash Total Paid $0.00 $103.12 $103.12 Cashier/location: FROLOFF E / 1 User: MOROCCO G Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:2/4/98 2:58:18 PM Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt tTrans Number Date .... I P0si D'ai~ .......... -~r~-~ ~i-P- ~' 4/-2- -3/9~_8 ._3 :_1_3: 0-7 ..................... q-'UT 35328 .P~M_ ..... 4~23/_~8 GUYMAND CONSTRUCTION 5686 YOUNGQUIST RD Payor · GUYMANMN CONST OF FL INC Fee Code i Description ,42CYIN COUNTY INVOICES Fee Information GL Account 40800000011510000000 Total Amount Waived $72.90 $72.90 Payments IPayment Code i Account/Ch~ck Number Amount~ CHECK ,8808 _~ $7--~.901 Memo: RE-DISINFECTION AT TARPON COVE. INVOICE ~ Total Cash I $0.00 Total Non-Cash i ...... $~7_2_.90 Total Paid I ........ $ 72.9~0_~ Cashier/location: TERILLA J / 1 User: MOROCCO G Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:4/23/98 3:13:29 PM COLLIER COUNTY C VERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT ENGINEERING REVIEW SECTION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 April 13, 1998 Dom Amico Agn01i, Barber & Brundage, Inc. 7400 Tamiami Trail, North, Suite 200 Naples, Florida 34108 RE: "Tarpon Cove (Mainsail)", Water Line Dear Mr. Amico: A preliminary inspection of the referenced project was conducted by Randy Casey of the Engineering Review Section of the Planning Services Department on April 13, 1998. Conditions were found to be acceptable, and appear to meet County Standards. If you should have any questions, please do not hesitate to call Randy Casey at (941) 403-2418 or Clyde Fugate at (941) 403-2417. Sincerely, ? Clyd~ Fugate Engineering Inspections Supervisor CF/tmt/fi\clyde water CC: Cindy Erb, Engineering Technician, Public Works Timothy L. Clemons, Wastewater Director, Utilities Ed Finn, Water Director, Utilities Evelyn Ferguson, D.O.R. Billing Supervisor Randy Casey, Engineering Inspector, Engineering Review Section Shirley Nix, Engineering Tech. II, Engineering Review Section File Building Review & Permitting Code Enforcement Housing & Urban Improvement (941) 403-2400 (941) 403-2440 (941) 403-2330 Natural Resources Planning Services Pollution Control (941) 732-2505 (941) 403-2300 (941) 732-2502 lllllll,l'~ IBBIBII~A ~,.~ ~ BIIIIIhl~ Professional engineers, planners & land surveyors DESCRIPTION OF A WATERLINE EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF LOT'S 35 THROUGH 38 TARPON COVE REPLAT ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 29, PAGES 14 THROUGH 17, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 35 AND A POINT ON A NORTHERLY LINE OF CONSERVATION EASEMENT NO. 4 AS SHOWN ON SAID PLAT, THENCE NORTH 23003'49'' WEST ALONG A WESTERLY LINE OF SAID LOT 35 A DISTANCE OF 10.29 FEET TO AN INTERSECTION WITH A SOUTHEASTERLY RIGHT-OF-WAY LINE OF MAINSAIL PLACE (TRACT "R") AND THE ARC OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS NORTH 23003'49'' WEST 52.00 FEET, THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG A EASTERLY RIGHT-OF-WAY LINE OF SAID MAINSAIL PLACE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 120036'54" AN ARC DISTANCE OF 109.47 FEET TO A POINT OF REVERSE CURVATURE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 100.00 FEET, THENCE NORTHWESTERLY AND. NORTHERLY ALONG SAID RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52045'08'' AN ARC DISTANCE OF 92.07 FEET TO AN INTERSECTION WITH A NON- TANGENT LINE; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE NORTH 89004'26'' EAST ALONG SAID NON-TANGENT LINE A DISTANCE OF 10.00 FEET TO AN INTERSECTION WITH A LINE LYING 10.00 FEET EASTERLY OF AS MEASURED AT RIGHT ANGLE TO AND PARALLEL WITH SAID RIGHT-OF-WAY LINE AND THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS NORTH 89004'26'' EAST 90.00 FEET, THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID PARALLEL LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52045'08'' AN ARC DISTANCE OF 82.86 FEET TO A POINT OF REVERSE CURVATURE CONCAVE WESTERLY AND HAVING A RADIUS OF 62.00 FEET, THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85040'46'' AN ARC DISTANCE OF 92.71 FEET; (1 OF 3) Main Office: 7400 Tamiami Trail N., Suite 200, Naples, Florida 34108 · (941) 597-3111 · FAX: (941) 566-2203 Lee County: 1625 Hendry St., Suite 101, Fort Myers, Florida 33901 · (941) 334-1173 - FAX: (941) 334-1175 THENCE LEAVING SAID PARALLEL LINE SOUTH 32°00'04'' WEST 22.84 FEET TO AN INTERSECTION WITH THE AFORESAID NORTHERLY LINE OF CONSERVATION EASEMENT NO. 4; THENCE SOUTH 72026'20'' WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 16.86 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 0.049 OF AN ACRE OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLI, BARBER & BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS AND LAND SURVEYORS REF: ABB DRAWING FILE NO. 6356 DATE ARA/kt WP-10-106K7. DES (2 OF 3) MAINSAIL PLACE TRACT "R" R.O.W. C.U,E. ~o