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Agenda 12/10/2013 Item #16D18 12/10/2013 16.D.18. EXECUTIVE SUMMARY Recommendation to approve a Developer Commitment Agreement with, and convey an easement to, Fifth Third Bank on County property.; Project No. 80065.1 and authorized a$20,250 budget amendment. OBJECTIVE: To obtain developer commitments from Fifth Third Bank for improvements to an access roadway over County property. CONSIDERATIONS: On February 26, 2013, Agenda Item 11A, the Board approved the award of a construction contract to Manhattan Construction, Inc. in the amount of$8,939,010. Within the scope of work, the project includes construction of improvements to the Goodlette-Frank Road/Fleischmann Road entrance into the Naples Zoo and Gordon River Greenway Park. As a continuation of that entrance area to the north and in accordance with provisions of the County's Lease with the Naples Zoo, the Naples Zoo constructed improvements to extend an internal access roadway parallel to Goodlette-Frank Road. Fifth Third Bank is the existing owner of the property immediately north of the Naples Zoo located on County property, and is the successor in interest to two existing easements previously granted over County property. In 2005, an access and egress easement over the north 60 feet of the west 950 feet of the County's property was reserved in a deed from The Trust for Public Land to Collier County ("Existing Access Easement") and a utility easement over the same land was granted under a Utility Easement Agreement from Collier County dated January 10, 2006 and recorded on January 30, 2006 in OR Book 3973, at Page 3057, et. seq. of the Public Records of Collier County, Florida. The Existing Access Easement gives Fifth Third Bank an access connection on Goodlette-Frank Road that is too close to the intersection with Golden Gate Parkway. The County,the City and Fifth Third Bank coordinated an arrangement to allow Fifth Third Bank to have a shared access point through the County's Zoo property to Goodlette-Frank Road. In exchange for an easement through the Zoo property, Fifth Third has voluntarily agreed to release its right to access Goodlette-Frank Road at the northwest corner of the Zoo property. Fifth Third Bank has agreed to fully construct the extension of the internal access road north to the Existing Access Easement area and then east to the rear entrance to their property. Collier County has agreed to modify the Existing Access Easement to include drainage serving the internal access roadway. As a result of development along Goodlette-Frank Road and the close proximity of the Existing Access Easement to the major intersection at Goodlette-Frank Road and Golden Gate Parkway, the County and the City cannot support the additional traffic curbcut and believes it is in the best interest of the parties and the public that this access modification be made. A location map is attached for reference. FISCAL IMPACT: The total cost for recording the Easement will not exceed $69.50. Funds in the amount of$69.50 are available in the Parks & Recreation Department Capital Improvement fund 306 under Project 80065.1. A budget amendment is needed to recognize a $20,250 Developer Contribution Agreement donation in the Gordon River Greenway Project 80065 budget within the Parks and Recreation Capital Improvement Fund 306 LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires a majority vote for approval.-HFAC GROWTH MANAGEMENT IMPACT: The Gordon River Greenway Park and Naples Zoo located on Collier County owned property are inventoried in the Collier County Growth Management Plan. There is Packet Page-1736- 12/10/2013 16.D.18. no impact to the Growth Management Plan by entry into this Agreement or the conveyance of this easement. RECOMMENDATION: To approve the Agreement and Easement, authorizes the Chairwoman to execute the aforementioned documents, and directs the County Manager or his designee to proceed to follow all appropriate procedures and record the aforementioned Easement in the Public Records of Collier County, Florida and authorized the necessary budget amendment. PREPARED BY: Sue Jim Zimmerman, SR/WA, Sr.Property Acquisition Specialist;Real Property Management, Department of Facilities Management • Packet Page-1737- 12/10/2013 16.D.18. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.18. Item Summary: Recommendation to approve a Developer Commitment Agreement with, and convey an easement to, Fifth Third Bank on County property.; Project No. 80065.1 and authorized a $20,250 budget amendment. Meeting Date: 12/10/2013 Prepared By Name: ZimmermanSue Title: Property Acquisition Specialist,Facilities Managem 11/15/2013 11:43:36 AM Submitted by Title: Property Acquisition Specialist,Facilities Managem Name: ZimmermanSue 11/15/2013 11:43:37 AM Approved By Name: JarviReed Title: Transportation Planning Manager, GMD Date: 11/15/2013 4:58:31 PM Name: MottToni Title: Manager-Property Acquisition&Const M,Facilitie Date: 11/18/2013 9:08:33 AM Name: CampSkip Title: Director-Facilities Management,Facilities Manage Date: 11/18/2013 11:11:51 AM Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 11/18/2013 12:03:49 PM Packet Page-1738- 12/10/2013 16.D.18. Name: WilliamsBarry Title: Director-Parks&Recreation,Parks&Recreation Date: 11/18/2013 4:50:51 PM Name: CarnellSteve Title: Purchasing/General Services Director Date: 11/19/2013 5:22:23 PM Name: AshtonHeidi Title: Section Chief/Land Use-Transportation,County Attor Date: 11/20/2013 2:09:07 PM Name: KlatzkowJeff Title: County Attorney Date: 11/20/2013 4:55:41 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 11/26/2013 2:28:41 PM Name: OchsLeo Title: County Manager Date: 11/27/2013 11:03:03 AM Packet Page-1739- 12/10/2013 16.D.18. DEVELOPER CONTRIBUTION AGREEMENT This Developer Contribution Agreement(the"Agreement") is made and entered into this day of , 2013 between Fifth Third Bank, an Ohio banking corporation, its successors and assigns ("Fifth Third") and Collier County, Florida, a political subdivision of the State of Florida ("Collier County"). The parties to this Agreement may collectively be referred to herein as"Parties", or individually referred to herein as "Party". RECITALS Whereas, Fifth Third owns fee simple title to an approximately 22 acre parcel of land located south of Golden Gate Parkway, east of Goodlette-Frank Road, north of the Naples Zoo, and west of the Gordon River(the"Property"); Whereas, a legal description and sketch of the Property are attached as Exhibit "1" and incorporated herein by reference; Whereas, Fifth Third has entered into a contract to sell the Property to The Moorings, Incorporated ("Moorings Park") subject to terms and conditions contained in the contract (the "Purchase Contract"); Whereas, Fifth Third and its successors and assigns are sometimes herein collectively referred to as"Land Owner"; Whereas, Fifth Third, as owner. and Moorings Park, as petitioner, have filed an Application with the City of Naples for Rezoning the Property to Planned Development (the "Rezone Application"); Whereas, the Rezone Application includes: (i) a proposed development plan, a copy of which is attached as Exhibit"2" which is incorporated herein by reference (the "Development Plan"), depicting a rear access road between the southwest corner of the Property and the Goodlette Road/Fleishmann Boulevard intersection (the"Rear Access Road"),and (ii) a proposed Planned Development Document which provides, in pertinent part, that Land Owner covenants that Land Owner, its successors or assigns shall pay a pro-rata share of the expense of designing, permitting, and constructing the Rear Access Road over land owned by Collier County and leased to the Naples Zoo based on terms and conditions contained in a Developer Contribution Agreement to be entered into and mutually agreed upon by, between and among Land Owner, Collier County and the Naples Zoo; Whereas, the legal description and sketch for the Rear Access Road are attached as Exhibit"3"and incorporated herein by reference; Page 1 of 8 Packet Page-1740- 12/10/2013 16.D.18. Whereas, Collier County holds fee simple title and the Naples Zoo holds a leasehold interest in the real property which comprises the Rear Access Road; Whereas, the Rear Access Road is for purposes of this Agreement segmented into Part A, Part B and Part C and legal descriptions and sketches for Part A, Part B and Part C are attached as Exhibit"4" and incorporated herein by reference; Whereas, Collier County has agreed to grant a limited, perpetual, non-exclusive access and drainage easement giving to Land Owner a right of access over the roadway constructed by County on Part B and C of the Rear Access Road (hereafter "Access and Drainage Easement") for the benefit of the Property on the condition that the County may, in its sole discretion, modify, alter or move the roadway constructed within Part A, B and/or C of the Rear Access Road including moving the access point on Goodlette-Frank Road to the south of the access location depicted on Exhibit 2; provided, however, that any proposed relocation of the easement shall continue to provide a reasonable right of access to Land Owner under this Agreement or the easements created or modified hereby, and shall not materially increase Land Owner's cost of maintenance of the improvements over the Existing Access Easement as hereinafter defined. In such case, the Land Owner shall cooperate with the County to modify or release its interest in Part B and C of the Rear Access Road and the County shall grant a new easement to the Land Owner as needed; Whereas, as part of the Access and Drainage Easement,the Land Owner may enhance the landscaping on Parts B and C of the Rear Access Road upon (i) prior written approval of landscape plans by Collier County Parks and Recreation and (ii) Land Owner's assumption of the maintenance obligation associated with the landscaping; and (iii) Land Owner assumes all risk of loss should the County desire to remove,alter or modify the landscaping. Whereas, the Zoo has agreed to subordinate its leasehold interest to, and otherwise join in execution of, (i) the Access and Drainage Easement over and across Part B and C of the Rear Access Road, and (ii) the modification of the Existing Access Easement over and across Part A of the Rear Access Road as and to the extent hereafter provided; Whereas,the Parties acknowledge and agree that the Land Owner shall not be entitled to use the part of the Rear Access Road located on Part A, Part B or Part C for construction vehicles or commercial motor vehicles as defined in 49 CFR 383.5; provided, however, that the Land Owner shall be entitled to use the part of the Rear Access Road located on Part A. Part B and Part C for (i) resident vans which do not exceed 20,000 pounds serving a senior living development on the Property and (ii) emergency vehicles. Nor shall the Land Owner be entitled to construct or alter improvements within the Access and Drainage Easement without the County's written consent. Whereas, the Property is currently served by: (i) an access and egress easement over the north 60 feet of the west 950 feet of Lot 6 of Naples Improvement Company's Little Farms Subdivision, the plat of said subdivision on file and recorded in the office of the Clerk of the Circuit Court in Plat Book 2, Page 2 in the Public Records of Collier County, Florida, reserved in Page 2 of 8 Packet Page-1741- 12/10/2013 16.D.18. a deed from The Trust for Public Land to Collier County dated December 19, 2005 and recorded on December 19, 2005 in OR Book 3950, at Page 2584 et. seq. of the Public Records of Collier County, Florida (the "Existing Access Easement"); and (ii) a utility easement over the same land under a Utility Easement Agreement from Collier County dated January 10, 2006 and recorded on January 30, 2006 in OR Book 3973, at Page 3057,et. seq. of the Public Records of Collier County, Florida (the"Existing Utility Easement"). Whereas, a legal description and sketch of the Existing Access Easement over Part A and the Existing Utility Easement over Part A are attached as Exhibit"5" and incorporated herein by reference; Whereas, Collier County has agreed to modify the Existing Access Easement to expressly include access over all of Part A to connect it to Parts B and C (and therefore create a continuous uninterrupted Rear Access Road to serve the Property) and drainage serving Land Owners roadway over Part A limited to an open swale or underground piping consistent with County's design of the roadway and drainage on Parts B and C. Land Owner may also install landscaping along the roadway and on Part A of the Rear Access Road upon (i) prior written approval of landscape plans by Collier County Parks and Recreation and (ii) Land Owner's assumption of the maintenance obligation associated with the landscaping; and (iii) Land Owner assumes all risk of loss should the County desire to remove,alter or modify the landscaping. Whereas, the Parties acknowledge and agree that the legal effect of the Existing Access Easement and the Existing Utility Easement are not adversely affected by this Agreement except that the Land Owner is not entitled to an access point to Goodlette-Frank Road from Part A; Whereas, Collier County has completed construction of the part of the Rear Access Road located on Part B and Part C and agrees to maintain same in good repair; Whereas, within sixty (60) days of execution of this Agreement, Fifth Third, its successors or assigns, shall deliver to Collier County a cashier's check payable to Collier County in the amount of Twenty Thousand Two Hundred Fifty Dollars and 00/100 Dollars ($20,250.00) (the"Proportionate Share Equalizing Contribution"); Whereas, the Parties acknowledge and agree that Land Owner shall have the discretionary right to construct the part of the Rear Access Road located on Part A as, when and if it chooses to do so, but that Land Owner has no obligation to build the part of the Rear Access Road located on Part A: Whereas, if they have not already done so, Land Owner shall prepare and Collier County shall review and approve any plans and permits required for construction on the part of the Rear Access Road located on Part A; Page 3 of'8 Packet Page -1742- 12/10/2013 16.D.18. Whereas, Land Owner shall as and to the extent provided herein pay the entire cost of designing, permitting, constructing and thereafter maintaining in good repair the part of the Rear Access Road located on Part A; Whereas, the Parties agree that the obligations of Land Owner described herein constitute Land Owner's payment of its pro-rata share of the expense of designing, permitting and constructing a rear access road between the southwest corner of the Property and the Goodlette Road/Fleischmann Boulevard intersection over land owned by Collier County and leased to the Naples Zoo as and to the extent provided in the Rezone Application; Whereas, the Collier County Growth Management Division and Public Services Division Administrators have recommended to the Board of County Commissioners that the improvements set forth in this Agreement are consistent with the County's transportation network and park development systems; and Whereas, after reasonable consideration by the Board of County Commissioners, the Board finds and reaffirms that: (i) This Agreement is consistent with the County's transportation network and park development systems: (ii) This Agreement, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or P P liquidity of the County's road, public park. and general accounts in such a way as to frustrate or interfere with other planned or onaoine growth-necessitated capital improvements and additions to the County's transportation network and park development systems; and (iii) This .Agreement is consistent with both the public interest and with the comprehensive plan. WITNESSETH: NOW,. T HEREr'ORE. in consideration o: the sun-. to: l en Dollars H I O.U; and other good and valuable consideration exchanged amongst the Parties, and in consideration of the covenants contained herein, the Parties agree as follows: incorporation of Recitals. Al i of the Recitals arc true and correct and are hereby expressly incorporated herein by reference as if set forth fully blow as agreements by. between and among the Parties which they acknowledge and confirm they will abide by and otherwise perform. 2. Indemnity; Insurance Requirements. Land Owner, as Indemnitor hereunder, shall indemnify and save harmless the County and the Zoo, as indemnitee hereunder, including alI employees of the County and the Zoo, from any loss or damages lndemnitec may suffer as a result of claims. suits, damages. losses, fines, penalties, interest, expenses, costs. or judgments. including attorneys fees and Page of Packet Page-1743- 12/10/2013 16.D.18. costs of litigation, against the County and the Zoo arising from Land Owner's acts or omissions in entering into and upon the County land and the Zoo leasehold for purposes of exercising Land Owner's rights under this Agreement. 3. Assignment of Rights, In the event Moorings Park and Fifth Third proceed to closing under the Purchase Contract, then Fifth Third shall be released from this Agreement upon Moorings Park's acquisition of record title to the Property. Moorings Park, Fifth Third and their successors or assigns may assign their rights (and delegate their responsibilities) under this Agreement to a related entity or individual, or a successor or assign of the Property. Upon such assignment to, and assumption of responsibilities by, the assignee, the assigning Party shall automatically be relieved of all obligations under this Agreement. Notwithstanding the foregoing, this Agreement and easement are not assignable to any owner in the Stoney's Plaza Subdivision in Plat Book 24, Page 27—28. 4. Land Covenants. This Agreement shall run with, benefit and burden the land described herein as land covenants that bind and are enforceable by the Parties and their successors and assigns. 5. Characterization. This Agreement shall not be construed or characterized as a Development Agreement under the Florida Local Government Development Agreement Act. 6. Non Waiver. The failure of this Agreement to address any permit, condition, term or restriction shall not relieve any Party, as applicant or owner, or their respective successors or assigns, of the necessity of complying with any law. ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 7. Amendment; Notice, Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the Parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested. or by a nationally recognized overnight delivery service, and addressed as follows: To Collier County: To Fifth Third: Collier County Attorney Fifth Third Bank 3299 East Tamiami Trail Attention: Mr. Brad J. Boersma Suite 800 Vice President Naples, Florida 34112 999 Vanderbilt Beach Road Attn: Jeffrey A. Klatzkow MD B99973 Phone: (239) 252-8400 Naples,Florida 34108 Page 5 of 8 Packet Page-1744- 12/10/2013 16.D.18. Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 8. Execution, Land Owner shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County,Florida, within fourteen (14) days after the County enters into this Agreement. Land Owner shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Land Owner upon request. 9. Dispute. In the event of a dispute under this Agreement,the Parties shall first use the County's then-current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either Party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the Parties for the enforcement of this Agreement. In the event any Party hereto shall institute legal proceedings in connection with, or for the enforcement of, this Agreement, the prevailing Party shall be entitled to recover its costs of suit, including reasonable attorney's fees, at both trial and appellate levels from the non-prevailing Party or Parties. The liability of the non-prevailing Parties shall be jointly and severally liable for the payment of such fees and costs. [BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] Page6of8 Packet Page -1745- 12/10/2013 16.D.18. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk GEORGIA A. HILLER, ESQUIRE Chairwoman Approved as to form and legality: Jeffrey A. Klatzkow County Attorney Page 7 of 8 Packet Page-1746- 12/10/2013 16.D.18. Signed, sealed and Fifth Third Bank,an Ohio Banking delivered in the presence of: corporation 1// 01161:4,?` f �f � —'tee---. lA By: e .� ,/' Signature lira. .. l3oers A-VJL4 k.CETA V. ePresid- t Printed Name r, i . , , 4, Sign tune, AA , tia I e.-0 (: ). —A------ Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this `l 'day of n/c e" , 2013, by Brad J. Boersma, as Vice President of Fifth Third Bank, an Ohio Banking corporation. io is personally known 5)me or has produced as identification. ,, ---. ).0./74 "ItA1(°s1A Notary Public g��'c�, MY COMMISSION 029:14 39 /4 1 p(PIRES:JANii,2ola Print Name: Bonded thmu4�1st State tnsurance My Commission Expires: // "71ofy 1 13 54-0001#102 ANN Page 8 of 8 Packet Page-1747- 12/10/2013 16.D.18. EXHIBIT 1 Legal description and sketch of the"Property". Packet Page-1748- 12/10/2013 16.D.18. 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N t$ I 1 ?lin �' :1 �l rktti I g§`o_o`g 1 ^ °b \ i' 1,g-+at n ; i i i.t{.. .E«.I. i •,n s i '.r� y. i A,p,#a o ,o yIGEp iI c" o i �t B , tit� *S+P�),i" I. xb p a q 1 '! C I,. , N y1 iY IrI I �► ib e l SA$g� tp N T* .soti m lilt 1{ a ! f1 aDd. T.///!ll�5if11E•.,I SF tl ,la aY 1411 aNi::lit F g ottlt s % +S 9j i II tea - ! i`�n N t x 1.11),, '18 or ifsiE 1 L i?.I ii i ;-t)- p m r,-` sic iltq i )ivitgi qr .1141 1 .!illy :.- -4 t .T. 1 i 7,,._ _.1..! ..,, ,...-9_,...-.... ...A.....11 i li - r '144`Ii8 `b� 4i,ii; + ii i €I S Fa �a�i �i:r o B 44 Jill: �'� Y i FY.. fi C S r�1 a= ll �V {mot 11� 1�' {�• !1 t l �L f�i ��' V S L : 9 . 1. 3$ i _ _ -., ,` .�lf �-�'�. o . p wbooa �.,— . (tse I•a) ovoa xravw 1000s j a Packet Page -1749- 12/10/2013 16.D.18. EXHIBIT 2 Proposed development plan depicting the Rear Access Road. Packet Page-1750- 12/10/2013 16.D.18. 7_J PUD - - HC-4110 (MLp ESS) N -.. _ _ .. TC rRANSmONAL POI CONSERVAT N -" (FREEDOM PARK) 0 O INGRESS/EGRESS: C BUILDING HEIGHT LEFT-IN �.i CITY OF NAPLES RESTRICTION LINE RIGHT-IN O BOUNDARY (TYP) GOODLETTE FRANK RIGHT-OUT t BYPASS ROAD GOLDEN GATE PARKWAY CC ft. ---- BD' — VIM/a."41 Mrs' / Or 4 z SETBACK /rC;a.ts. E CSC /'✓ w J-1J PROJECT BOUNDARY 1 3 J 8 4 .+ * 100 1 J = ,/ _ .. /Kw SETBACK ,�_ /" AM!C_ 7AAIq/Otli ! -- fi j BOUNDARY fir) A if —1 BIT_ ' . 15' RIGHT OF ENTRY C-4 �-EX. FPL EASEMENT 30' F TO COLDER COUNTY PACT A TRACT 6 (TO BE RELOCATED) SETBACK 1 a`*ti`1 RELOCATED 30' UTILITY ". �\ •/ EASEMENT. 24" WATERMA r N AND 36" RAW WATERMAIN /��— —• (APPROXIMATE LOCATION) RELOCATED 30' UTTUTY PROPOSED CONSERVATION EASEMENT 2 . CITY OF NAPLES EASEMENT. 24" WATERMAMN AND 36" RAW WATERMAIN EL 30' CITY OF NAPLES i , BOUNDARY (TYP) (APPROXIMATE LOCATION) UTIUTY EASEMENT ' s )., 'I f I (TO BE RELOCATED) - I.. ///---ACCESS EASEMENT EX. 24" WATERMAIN AND EX. g I / 36" RAW WATERMAtN LOCATED WITHIN EASEMENT TO BE } REMOVED OR ABANDONEC g `L\ C-3 P :-, ) 1 `\ ■ A LAND USE SUMMARY NAPLES ZOO CONTINUING CARE RETIREMENT COMMUNTIY MID ASSOCIATED 19.5 ACRES . - .A 1, FACILITIES LAKES AND WATER MANAGEMENT 2.5 ACRES E J INGRESS/EGRESS: _ TOTAL 22 ACRES/LEFT IN )4• LEFT-OUT SETBACK SUMMARY RIGHT-IN o RIGHT OUT, GOLDEN GATE PARKWAY 50 FEET 0 100 FEET GORDON RIVER (FROM CURRENT MEAN-HIGH-WATER LINE) SOUTHERN PROPERTY LINE 30 FEET 4tf WESTERN PROPERTY UNE 30 FEET ANN S. S'..,, S C PD MASTER PLAN 215611532 ` >s ru. �` MOORINGS PARK AT GORDON RIVER 215"� m.eaL.«Sao srer.n ammo 215611532-o1c-olsr�m SEC-MP-RGE N"r tea.sr DHOWS OME p d«I WE V.OS MSC C"'"...e.M".""'""r°" Packet Page-1751-ZINGS INCORPORATED oi,u(SHEET 1 12/10/2013 16.D.18. EXHIBIT 3 Legal description and sketch for the Rear Access Road Packet Page-1752- 12/10/2013 16.D.18. m p 2 3 T N O n O - 5 . g " i9441914111119"NPU ril lio?J N "1' � J -i RYA v -g � a ., 9� m thl, Arr4-ATVA54 trgli 11 ril e, PA .8 g 1111014)-:s4.: +22"4 ,g2-m- 1.APX g 4 p o� {` J. 7911ki h7 y R R g lz 7a ka aaZj 4 � � A r � lc-a gib � ` l at8 1 9 '1 r t tx • MaA4 Prli.k2"Iller P 41 .'. 1• 7 MiPSR%R.WIrttll'2K1-4°tXr :0 A i, i z, . .7,:,,,a9§>..a%RxettRtAiRa0 I WINMIVili1- 004!.."'4 ° 1 N A 0N . 5 ale 113,1Vm%18C4-1h101g-lIq gR -7, 7, =' ' --, R -).-PR .Mq XA ' 1 el iri 1 N n. mo. ._ m NQ K p o to X[: a`g w I 1 I 1 I wnQ�:n Z 0 V 01 # cy +t. r1 an . c e a..4 ► $, s" t. OtIS 2 Z 2 2 y to y en v1 C 6 ,A O O CC77 . �l b z . 0 a C) F a e :sti P fl p, a ,ltio S a o II z N i rrn10 1,1 E* RI rnz m. z 2 i Mii ch- c�zmm v 1 Q CZ O W (T'� D . O T rgiiti CD O O O O O O 8 6 q C-Fr:: N C �'� — .n O � ry p,[��y 'K .3 DC 3$31 'C N t. .. m u W 4 - N ,. D Z N. P A 4 N H M 1 14 4 N 0 Y §IV cn .tV 4. b N N a GI H Y ...f W O N ;• glm r = 2 . th in fl fJ) 41 CO (.7., ih�' . 0 S of 7 A m 74 A 1.i "I 2• i 4.~3 2 �f Atok ♦ SS CO O it, O. ' b z' ril O O V W N Q f:\PROJECT SURVEY 2013\73 — NAPLES ZOO\SURVEf\FM13-73-001_OWG Packet Page-1753- 12/10/2013 16.D.18. om , no F1 4 g g A :3 Z tn ikieue0 ( . L.V M$111 GOODLE77E-FR4NKROAD . - a s. e g o c■ IA -• . --4 -- ta ••■0 _N_ . 1 BUT Raf if'OXIXEpt-42VIC OW e. .r —_. ----- = ••— \ stl 0 5.1 g co o C9 bt 00 :RIES 119 a m t Z.4 Cn fl, ZtO = ..... 7_ __ ... c. ...1 • C.< ..., C0 0! C. Li., F::.... ,,,i, . N '-...' ,_,. 11- 1. o bs ) ) 6.3•...i I::: 111 '01 Z 1. A 0 ,... z 2 5 ?,11z, 1-.' 0 -*1 E 44 z 1 -z thi M 0,14 rrt Ci E; -I $WI re 30 N 4 • CS o ET co . NI a as tz a re c° Co 0 .11 @ (A 0 N •••• P 5-ri • "64 zi 1,5 rz ..., = r a, gi A ti, rig ih: E ti r• a' 2 t .,.".': }.. .., }Q Oa / 1111 to . tit ,.. (.., N LA cr7 4, .....4. r- ti 2 ,....-- t., . 0 p} -1 p tuA 01 0 °I. ..1 r1 2,1 I .0 7,u, z x ii P -is:i. N al'On 6.) CO •-• 0 CO— ...I RI 11 it Rg III ..,a ai 0- 0 - zl -75 I I z 11 671 Z 1 (a 1 R .. ra I Co t..., ----------.1 r) X"In CO CA --I LB V cl . ca N x L6 c. D*-11 ....E i te\PROJECT SURVEY' 2013\73 - NAPLES ZDO\SURVEY\Ftrti3-73-001.0WG Packet Page-1754- _ ____ 12/10/2013 16.D.18. .max EXHIBIT 4 Legal descriptions and sketches for the Part A,Part B and Part C of the Rear Access Road. Packet Page-1755- 12/10/2013 16.D.18. N m N () O A , P g . E.H gx. PN-11011 -"° pririll " 101"91111 E;2i eig P. fl _ . -> tai $ � br q5 E > m ' IseiA $$l6 a 1A>ggag6 -4 5gg Psi_ ° ap qqa Rr" 8 gilq r .... .0 gxgvgi Iiiin A% ;, �--. Alegi 4g4 gl 2 A 6 CEE�j�k SERI RA F glEZl1t # yqyq pppp £ r� 'co R44• 1Clg$>gR2G11 _"h 0 `la y a - ' f C ., - NII:RiqWEIX18,. § *ilgii ! 4454i; 1 o a 110194111415+ c _ 7 > .`> II': g E i L"!-, 'Igil"IigR 1 NA 1 m ESm v' q r^ q tiC n. q q.�srgq rn ER auc O ° ° w v§- a0 ;� Z ° a qr_ N m D„ urari 1 O pi J � R� 5 9 ,g Fq mo . v R 77 C > C) z os Dgm IN i 5 P' Cam{ r-0 mz mmm ° tn� 2m6) Cn Nb n R E 0 ■ 9 21 0 5' O g DZ z s_ �� m ^�5 . a k w m tit N m $ P z h- , a kr 5 c v1 n c S:\PROJECTS—SURVEY 2013\FORT MYERS TEMP WORK\NAPLES Z00\FM13-73—EXHIBIT 4AWG Packet Page-1756- 12/10/2013 16.0.18. PVC sroNErs PLAZA VORnOEST 034E2 CF WI 6 PLAT BOOK 24, PACE 17-28 (DT 7 ""zr a 'POD(A) TRACT A TRACT B rNACr c JIRISISIDE ' 0:5214VC'S 1.117W Mg; PeZfCZ) NORM LIME OF LOT 6, PB 2 PC 2 N SES7'53'E 744.00' / .�—N 0 !3006'W (BFARNfC 82515) ACCESS �C PARTA /'" (aR 2973,PA 2057) N 00'16'01'W –7 S 89'5753'W 606.66' `--' 96.70' 0 LOT L7 S 00'7601'£ ANh11S5FRDLIQ? L4 y 19.30' � ' POB(B). a N a M CURVE TABLE R cum I ROMS 1051379 OD A CHOW SWUM CHORD LENGTH O w Sn CI 77.00' 121.17' 90'09'54' 544'45'5CW 109.05' >; it Z. C2 79,00' 113.56' 52 34'45' S 0'15'01'E 10415 0 C3 4600' 45.61' 54'26'33' 627'29'17'E 4357' CC n ti. 04 11620' 109.93' 54'17'49' 527'33'ars 10556' Q4 to G 05 4300' 27.03' 32'15'51' 518.32'40' 2697' V 0 �. u CO 106.00' 39.50' SY 15'6i'.S16 32 40'E 6390' o L 07 11.50' 1656' 56 24'02' Hot 47'10E 1526' 43 175 2520' 53.07' 54'17'49' 827 33'36w 51.11' tors NTPUS'66137188,7,7 C9 106.00' 10262 54'.26.33' 623'29'17'W 9660' (17514225 UM'ARIA C (PB2 f6'Z) A 16 . POB(C}/r, c7 ° UNE TABLE V OW/ maw usurer' �C� LI N 8933'5.1'E 20.00' I." i 42 S 0'06'07'E. 6600' W( • L2 S 89'4739'W 60.07'LOT 4 44 N 89'43'59'5 60.07• I } c N/RES pf 51006)7 15 S 0'7607'E 49.87' WOWS LITTLE DMA 16 S 874359'W 60,07` , i Z a L7 N 8745'$9•£ 50501' L1J 1.8 S 0'1E07'E 21107' 19 S 34•4273'E 20.18` N rn Lt0 S 07444'E 96.50' 0 1'^""-211 LIT S 85'5977'W 776.99' e L12 N 07601'W 76.02' m 173 N 8539'77'E I 8252' kS Q 1.14 8 074'44'W 97.94' t US N 8472 J3'W I 29.78' LIS N O'76t17'W( 28.07' ^S Mimi ENNENNENN r.) 0 60' 120' 240' SCALE: 1" = 120' THIS PLAN MAY HAVE BEEN ENLARGED OR REDUCED FROM INTENDED DISPLAY SCALE p FOR REPRODUCTION REASONS 0. WOTR SURVEY' k' SKETCH&DESCRIPTION DRAWN BY, DLS 0) CHECKED BY: MS EXHIBIT"4" ,1013 CODE CCU17 N ACCESS, ,DRAINAGE EASEMENT SCALE: CC NAPLES ZOO 1za CT LYING IN DATE: 572/1 SECTION 27,TOWNSHIP 49 SOUTH,RANGE 25 EAST FILE 6M13-7SFJW11377f h LEE COUNTY,FLORIDA SHEET: 2 of 2 N . Q.Grady Minor and 04540818154.P.A. e . Gra dyMinor 3500 Via Del Rey ec 000114 Simians,Florida 34134 NDT CO1M'MElE 97TtQUT y ROM 1-2 CE 2 w Clvti Engine= . Land Surveyors . Planners • LandscapeArehlteats 1 Con.of AM.E00005151 Celt of A5111.LB 0055151 001100911,1224990250 a Bonita Sprngs:239.947.1144 www,CrodyMtnor,con PorLMycrs:239.680A380 � ._� IX Packet Page-1757- 12/10/2013 16.D.18. EXHIBIT 5 Legal description and sketch p ch of the Existing Access Easement,and the Existing Utility ~`y Easement. • Packet Page-1758- 12/10/2013 16.D.18. fn i 9 co" PI 8 E i i m .3 GOODLS7E-FRANK 4 Y " K m ROAD 1 -- Pt 1;lei 1 4 0 T nK115' 1 tk F 0 L n t M ro ry a .o .. qT iiiE pE, s tE m a N $z e ems QN 0 yt to _ V a 4 pp W • b ail ga • CT Nh H t s nil 0 I i kg `-y o . 5�..,. a O ill P m ro • N 9 0 0 O 0 °0 o m, ,SO'o££ N? 0 0 C ra A. co @ y Ffi a k.y " g c. V n m !, -, can P a o m M Z 6D.00' r-0 0y nen no os O0 m ti -�Z c`r'nm CO mom oo -1 O > m T GS co JoI1 S O CO (Ti o Ti� p_ 0) CO Tii?K — cmA ___ _.t•_,.. 1 gz=g2 11 . ,z osi NI k m . O MITI. EA N Amok RR c ^t'skN S:\PROJECTS—SURVEY 2013\FORT MYERS TEMP WORK\NAPLES ZoO\FM13-73—EXHIBIT 5.©WU Packet Page -1759- 12/10/2013 16.D.18. PROJECT: Gordon River Greenway,Zoo and Fifth Third PARCEL: Fleischmann Entrance to Zoo FOLIO: 61940200006 EASEMENT THIS EASEMENT is made and entered into this day of , 2013, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of c/o 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, its successors and assigns, joined by Naples Zoo, Inc., a Florida non-profit corporation, (hereinafter collectively referred to as "Grantor"), and FIFTH THIRD BANK, an Ohio banking corporation, having a mailing address of 999 Vanderbilt Beach Road, MD B9997B, Naples, 'Florida 34108, its successors and assigns (hereinafter referred to as "Grantee"). (Wherever used herein, the terms "Grantor" and "Grantee" include all parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a limited, perpetual, non-exclusive access and drainage easement giving to Grantee a right of access over and across roadway and drainage improvements constructed by the County on the following described lands located in Collier County, Florida, to wit: The attached Exhibit "1" which is incorporated herein by reference contains the legal descriptions and sketches for "Part B", and "Part C" which collectively comprise the "Easement Area" encumbered by this Easement. TO HAVE AND TO HOLD the same unto the Grantee, its successors and assigns, for access and drainage purposes for the benefit of property described in the attached Exhibit "2" which is incorporated herein by reference (the "Property"). The easement granted herein shall constitute an easement running with the land and shall burden the Easement Area. Provided, however, this Easement does not provide a right of access for construction vehicles, or commercial motor vehicles as defined by 49 CFR 383.5 (2013); provided, however, that the Grantee shall be entitled to use the part of the Rear Access Road located on Part A, Part B and Part C for (i) resident vans which do not exceed 20,000 pounds serving a senior living development on the Property and (ii) emergency vehicles. Nor shall the Grantee be entitled to construct or alter improvements within this easement without the County's written consent. County reserves the right, in its sole discretion, to modify, alter or move the roadway constructed by the County within this Easement including the right to move the access point on Goodlette-Frank to the south; provided, however, that any proposed Packet Page-1760- 12/10/2013 16.D.18. relocation of the Easement shall continue to provide a reasonable right of access to Grantee and shall not materially increase Grantee's cost of constructing improvements over the Existing Access Easement (as hereinafter defined). As part of the Access and Drainage Easement, the Grantee may enhance the landscaping on Parts B and C of the Rear Access Road upon (i) prior written approval of landscape plans by Collier County Parks and Recreation and (ii) Grantee's assumption of the maintenance obligation associated with the landscaping; and (iii) Grantee assumes all risk of loss should the County desire to remove, alter or modify the landscaping. The Property is currently served by an access and egress easement in favor of Grantee over the north 60 feet of the west 950 feet of Lot 6 of Naples Improvement Company's Little Farms Subdivision, the plat of said subdivision on file and recorded in the office of the Clerk of the Circuit Court in Plat Book 2, Page 2 in the Public Records of Collier County, Florida, reserved in a deed from The Trust for Public Land to Collier County dated December 19, 2005 and recorded on December 19, 2005 in OR Book 3950, at Page 2584 et. seq. of the Public Records of Collier County, Florida (the "Existing Access Easement"), Grantor, as the current owner of fee simple title to the land encumbered by the Existing Access Easement, hereby modifies the Existing Access Easement to expressly include access over all of Part A to connect it to Parts B and C (and therefore create a continuous uninterrupted Rear Access Road to serve the Property) and drainage serving Grantee's roadway over the Existing Access Easement and the balance of Part A as a permitted use limited to an open swale or underground piping consistent with the County's design of the roadway and drainage on Parts B and C of this Easement. Grantee may also install landscaping along the roadway on Part A of the Rear Access Road upon (i) prior written approval of landscape plans by Collier County Parks and Recreation and (ii) Grantee's assumption of the maintenance obligation associated with the landscaping; and (iii) Grantee assumes all risk of loss should the County desire to remove, alter or modify the landscaping. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk GEORGIA A. HILLER, ESQUIRE Chairwoman Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Actor Page 2 of 3 Packet Page -1761- 12/10/2013 16.D.18. JOINDER Naples Zoo, Inc., a Florida non-profit corporation,joins in the execution hereof to subordinate its leasehold interest in the Easement Area and Part A to the Easements created and modified hereby. Signed, sealed and Naples Zoo, Inc., a Florida non-profit delivered in the presence of: corporation A_A. 41♦►l .It At l.J By: � v. Si*, ature fulvena I Y-i t'1k, - sif ent and Chief Executive Printed Name Officer Signature r� ,511e.1.$ ao- "'" r s ui iC e r Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 2'11 day of th, 3 , 2013, by Jack Mulvena, as President and Chief Executive Officer of Naples Zoo, Inc., a Florida non-profit corporation, who is personally known to me or has produced as identification. RACH Notary Public:et StateoFlorida Notary Public r /�� (� t My Com .EX F�aLt ei Iali„vt fi ps Mars.2Qts Print Name: � . Commission#EE 75141 My Commission Expires: 3 I, ( t Bonded Through National Notary Assn 11354-0001#103 Page 3 of 3 Packet Page-1762- 12/10/2013 16.D.18. EXHIBIT 1 Legal descriptions and sketches for Part A, Part B and Part C which collectively comprise the"Easement Area" encumbered by this Easement. Packet Page-1763- 12/10/2013 16.D.18. 'A t3 :?; A F rirriagflinAlq i 13 priPpi .'.-33 U 199 r ai 2 R .... E r,. as x V _ /1, Dial g ato ) Ngi, g 2 Crtni p 1,,, 3 A lc, p,42,>N. n g > = EpReA 5 "1 VA5P t 6 flkieq; 16 ig>gAi5L7. r � c=n to X4 M:EP$ A �0, Igy5 pc� R M g n� �R}��$j}>��$ ge �i b :'-' • c.-- il4gA0PRgg.004R 011 E 4A1 T1 . tm -- 4ivol4g 1g 01 E= '°' °off "� gsPs�C> � �� � ° Y, b n C El R° ;CI 8 K Sf S ttN M ri7 11 Regg ARC i Odd 1 44L46! g -3 w°H i c n c.o E ..a Y pRqgiFn- TR 1 55V , 0 Ns" i 3D m - 1 P§ t.. m y pr qi%g 1 yl IN 9Q g g 0x >"2"' = h E cn g''1 umi N 7JOZ O A 2, 73= 0 1 N n z n'e m4 #� uo T N,fie 8(-6 ' a ir. t N S:\PROJECTS-SURVEY 2013\FORT MYERS TEMP "'^^'^"'''" "' ^"'"" "-EXHIBIT COWS Packet Page-1764- 12/10/2013 16.D.18. S(ONEY'S PLAZA LOT 7 N3T661EST COM CF LOT if 1116YS.1 PLAT BOOK 24. PACE 27-28 M70.'ES&6+80aw kJ11lE FNtl6.(V6 l 1'C 'POB(A) TRACT A azf7V0'S UMW FAR4 J TRACT B I TRACT C Ma Z Pt.2) NORTH UNE Of'LOT 6,PB 2 PC 2 N 8YSJ53'E 744.00' 00.12'2,5"w (BEARING 84575) AccESs AND ECA9EsS AOREDIEVT, k, 80.00' PARTA WO.R.J974 PACE J0s7) - N 0016'01'W S 825333'W 608.66' 96.70' �\ 101 -S 00.76'0!'£ /ARU B fN! 1.7' OaIPANes LORE FARO$ 7.4 49.30' (FSZFC2) N POB(B) R D x in CURVE TABLE ' °• c11162 If 9ID5./S MOTH 003* CHORD BEARING mow LET1c,H O q lz C1 77.00' 121.17' 90'09'54' S44'45'.56'W 109.05' Do m C2 79.00' 11186' 87 34'48' 5 C 16'0Y E 104.26' d C3 48.00' 45.61' 54'26'33' MT 29' 17E 43.91' oct C4 11600' 109.93' 54' 17'49' 827'33'39'E 10586' ." 4 12: ) C5 45.00' 57.01' 3r 15'51' Sir 32'40'E 26.57 o C6 106.00' 3929' 32'15'51' Sir 32'43E 5820' e 1, 2 C7 11.00' 1639' Is 24'02' Mr 47' WE 15.06' y Cl 56.00' 53.07 54'17'49' NL7'33'38'W 51.11' LT 5 AIRES 111PRAEMOTT C9 10600' 10287 54'26'33' 1127 2r 1rW 9680' canoes LRRE P RUB (PBZ PC Z) L6 1.7 ,- POB(C I • LINE TABLE I LI 91E F 884.18N5 0S0wE g ., L/ N 825.733-£ 20.00' •. IL 12 S 00607'E 60.00' ' 0.. LJ S 89'43$9'W 60,01' 7.4 N 8243'59'E 60.01'LOT 4 1.5 S 07601'£ 49.87' CI Zy� } D N44E5l19iRitQ4TT! D31F'N''S BOLE FAQ 7.6 S 82433.9"W 60.01' �ZfC 2) v X89'4359'.£ 80,01' ' LI. LB S 71807£ 28.0W 1.9 S 54'4253'E 29.18' N 110 S 024'44'E 96.80' 3 D Lti S'8259'1T'W 176.99' L11 1, its N 0'1601'W 76.02' 4t L1.7 N 8539'17'E 62.52' L14 N 0'24'44'W 87.94' I ^ 1.15 N 54427.7-W 29.18' I 7.76 N 171631"W 18.01' M 111•1•1 MON•NNOMMI c) O ix OEM 0 60' 120' 240' SCALE: 1" = 120' THIS PLAN MAY HAVE BEEN ENLARGED OR k REDUCED FROM INTENDED DISPLAY SCALE FOR REPRODUCTION REASONS 0. 'NOTA SURVEY' SKETCH&DESCRIPTION DRAWN e4': DLS on CHECKED BY: DLS EXHIBI JOB CODE CCU117 H- ACCESS,.,DRAINAGE, EASEMENT SCALE: 1'=120 NAPLES ZOO LYING IN °« a211s SECTION 27,TOWNSHIP 49 SOUTH,RANGE 25 EAST FILE: FM13-71IXNi&Ti h LEE COUNTY,FLORIDA SHEET: 2 or 2 N D•Grady Minor and MaSd,ale&.P.A. a GradyMinor 3600 Ws De!Rey y Boon&80110Qs.Florid& 94134 9771lDitl NOT cOAPLETE 378175 1-2 Or 2 Gilt Engineers . Land Surveyors • Planners . Landscape Architects CaL atAulh.ED 0005151 Cott INANE.LB 0005151 Soda=LC 26000266 CC Bonita Springs: 239.947.1144 wWw.GradyMlnnr<..,,nn, FortMvars: 239.690.4380 R. Packet Page-1765- ii 12/10/2013 16.D.18. EXHIBIT 2 Legal description and sketch of the Property. Packet Page -1766- 12/10/2013 16.D.18. r�i - rn¢w cv 11:1I st a B f f i i Z II fti °r YY @#$ �oGo �1 g i !@ @ 1p ' M '-3 11! als _ iti i °6131 J 8 m ifs, Ai @: �s �i qE � i itg 3 1p6 is :t . i. i < 3 Sri 1i I f 13a T i�r k y r Z Di et ,OM Ni 1 11 Er l 1 ! 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IdiV a a: 11 .4:Pa o cn rc,„.,—..tee 111 we ., ram, ¢ i_ O - (t58 '21'9) CVOS NNVeLi 311310009 ft. j s Packet Page-1767- 12/10/2013 16.D.18. • t LID • 9..r•-.Q 0, ,C •.Jx+ • . .. t .. , . . . . . . . . . .: , „irt- n r i to 0 < U C a) E Y *5 v c C M cC N C y U •_ -.1 C C C of f0 to Q ; .- 0 ..� co, H 0 L d Li a) M t r 3 a o ° i -c o c`o -r tc +� a� c �; l7 :-' t a •I--,, :':Ti.:''•',.`.% " ••..;, : ;--4,7..ii,•;'4:iittiat: , ! � Z U.! a � � C7 w FOP" ,--; ,-_a_��—,,,-_ "% i ra'...---2-77,-=,-;,,7:1.:7 f;: "-:,- , k .a µ}r5+ '1 �,k'S. p • 'k *12 ,. k.. '. m gyp, . n4 ,' .rf.. p .A. ltd • Y � e •7:1:',7, . 7„'''' k ,S,:: 'i Cit.- . " ,:-.,,..1...;:',';!4".-"-'',.-011-1.'''';',*-4::: - ,F- ''Wµ . . �t vL _e� r =rt. Packet Page -1768- 3754278 L 12/10/2013 16.D.18. RECORDED in OFFICIAL RECORDS of COLLIER COUNTI. FL %1—) 12/21/2005 at 08:11AN DWIGHT B. BROCK. CLERK CONS 22000000.00 \1RIC I FEB 3 V / ` This Instrument Prepared By: DOC 70 15400 U Donna H. Smith Retn: The Trust for Public Land PORTER WRIGHT ET AL 4267 NW Federal Highway 5801 PELICAN BAT BLVD #300 Box 120 NAPLES FL 34108 2709 Jensen Beach, FL 34957 WARRANTY DEED (STATUTORY FORM -SECTION 689.02, F.S.) THIS INDENTURE, made this 19th day of December A.D. 2005, between THE TRUST FOR PUBLIC LAND, a non-profit California corporation, whose address is 306 N. Monroe St., Tallahassee, FL 32301, G - - •2=w.l- :BEAN VENTURE OF NAPLES, LLC,a Florida limited liability company, .o4e �•• I' -r,1 -elican Bay Boulevard, Suite 300, Naples, FL 34108. ? (Wherever used he -in ' e-t " ntor and\"gr tee" include all the parties to this instrujmedt airditheir , -irs, gal repress tatives, successors and assigns."Graf r" , : " r= • _: " -: g r and plural,as the context requires a sel, - . , c ud i all genders.) ANSak WITNESSETH: Th -.00- - -t .• in . -id /on of the sum of Ten Dollars and other good and valuabtbnsiderations, to sale= ran or i d paid by said Grantee, the receipt whereof is hereby ac edged, has grant- �•a ga' _ -nd sold to the said Grantee, and Grantee's successors and signs forever,the la e' ' ng and being in Collier County, Florida, as more particularly d • d on Exhibit "A"Itfaigled hereto and by this reference made a part hereof. t`' .! / This conveyance is subject to - --- -frictions, limitations and conditions of record if any now exist, but any such interests i a may have been terminated are not hereby re- imposed, and (b) to taxes for the current and subsequent years. AND the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF Grantor has hereunto set Grantor's hand and seal,the day and year first above written. Packet Page -1769- OR: 3I 12/10/2013 16.D.18. Signed, sealed and delivered in THE TRUST FOR PUBLIC LAND, a the presence of: non-profit California corporation -- Y)/ / / 1L� B '�EL� .� _ (Signature of first witness) / . - _ L s 0s e.Ds00) 1-I • S m rn 1 L O „ 4. 4 s t-A c'e � ,K e c T-o 2 (Printed name of first witness) (CORPORATE SEAL) ..-7:2, / ( 7 i nat__4 of second witness) Iti(PrintecLn me of second witness) \1$ R Co •` C STATE OF FL RIDA /` COUNTY OF I lVtQ r f — 1 i The foregoing instr jme ;� =c n• }�,=d •- or-3T a\his 19th day of December, 2005, by £ r• _ z • - • • ' e\ sti for Public Land, a non-profit California corp•ra' • , on •e ''�•t `.',!1L.. '-n. p.e. n is personally known to me or has produced .. ___._.. ._ 40: " . ..r _ ide tiff . / . 0 1, , �'PUBLIC Ve_...,/,_ (. / � ;;;;, DEBORAH A ',,,� L. ii'*: IV COMMISSIOEXPIRES F+c.v' (NOTARY PUBLIC SEAL) .:___ ue^C; Tnru Nos. 2 Packet Page-1770- OR: 3 9 12/10/2013 16.D.18. EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Parcels 18A-3, 18C, 18D, 18E, 18F, 18G and 19H (as follows): 18A-3 (Identification No. 61940840505): All that part of Lot 9 of Naples Improvement Company's Little Farms Subdivision, lying south of Golden Gate Parkway, recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida; and 18C (Identification No. 61940760009): The East 564 feet of the West 1,184 feet of Lot 8 of Naples Improvement Company's Little Farms Subdivision, less road right-of-way granted in Official Records Book 876, Page 1718, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 2, Page 2, in the Public Records of Col '- _ e _ • , , Florida; and 18D (Identification No. 619408%• :� :�'��� ��� ( e Eas • • r_- of the West 1,654 feet of Lot 8 of Naples Improvement Co ` Little Farms Su: •ivi �iPn recorded in Plat Book 2, Page 2, in the Public Recor s of orida, an 18E (Identification No 604 •-. ••t't1 • . •"� F.a o TPIe Improvement Company's ow Little Farms Subdivision,j e t t e , - , ccording to the plat thereof recorded in Plat Book 2, gg ‘2,,.. 4. ti,, • • of • r minty, Florida; the East and West boundary lines of s#"id arcei being me-'-t fr , '`the West line of said Lot 8 (said West line of Lot 8 lyi• .00 feet East o-y . !ilc.ritaind South '/. Section line of Section 27, Township 49 Sol ; -ange 25 East, o - Citinty, Florida); and 18F (Identification No. 6194052e ■ i a - .O% 4 feet of the West 958.34 feet of Lot 7 of Naples Improvement Comp- ,M...'• arms Subdivision, per Plat Book 2, Page 2, Public Records of Collier County, Florida, less and except that portion deeded to the Board of County Commissioners of Collier County, Florida described as: Commence at the Northwest corner of said Lot 7; thence North 89° 17' 39" East along the North line of said Lot 7 for a distance of 620.00 feet to the Point of Beginning; thence continue along the North line of said Lot 7 a distance of 41.60 feet to the point of intersection with the point of curve concave to the Northwest having a radius of 813.94 feet and a central angle of 26° 13' 03"; thence continue Southwesterly along said curve an arc distance of 51.30 feet to a point; thence North 00° 39' 49" West 30 feet to the Point of Beginning. 3 Packet Page -1771- *** OR: 3 9 5.12/10/2013 16.D.18. 18G (Identification No. 61940480004): North 1/2 of Lot 7, less the West 1,288.34 feet of Naples Improvement Company's Little Farms Subdivision, as per plat thereof recorded in Piat Book 2, Page 2, Public Records of Collier County, Florida; and 19H (Identification No. 00268680000): In North '/2 of North '/z of Section 35, Township 49 South, Range 25 East, being at the Northwest corner of the Section and run East 1,398.25 feet; thence South 64° West 1,555.06 feet; thence North 664.01 feet to the place of beginning, Collier County, Florida. Together with that certain perpetual, non-exclusive access and egress easement over the North 60 feet of the West 950 feet of Lot 6 of Naples Improvement Company's Little Farms Subdivision, the plat of said subdivision on file and recorded in the office of the Clerk of the Circuit Court, in Plat Book 2, Page 2, in the Public Records of Collier County, Florida; said Lot 6 now owned by Collier County, a political subdivision of the State of Florida, as such easement was reserved by Grantor in its Warranty Deed to Collier County of even date herewith. ( I (TIVITy ;c � 1 ii _ 4 Packet Page -1772- .w,.. I 3775903 0, """,, r.,. n"r" 12/10/2013 16.D.18. Naples Zoo—Parcel 3 RECORDED in OFFICIAL RUCORD5 of COLOR COMM, FL Folio#61940320009 01/30/2006 at 02:5811 NIGH E. BROCK, CLERK Retn: EEC FEE 18.50 CARIBBEAN VENTURE OF NAPLES DOC-.10 .10 5801 PELICAN BAY BLVD 1300 NAPLES FL 34108 2709 UTILITY EASEMENT AGREEMENT THIS EASEMENT, is made and entered into this k(,..\-\*- day of January, 2006, by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"), and CARIBBEAN VENTURE OF NAPLES, LLC, a Florida limited liability company, its successors and assigns, whose mailing address is 5801 Pelican Bay Boulevard, Suite 300, Naples, Florida 34108-2709 (hereinafter referred to as "CVN"). WITNESSETH: WHEREAS, County by deed dated December 19, 2005, and recorded in Official Record Book 3950, Pages 2584 through 2587, purchased approximately 129.981 acres of land in Collier County, Florida, from The Trust for Public Land, a non-profit California corporation, a portion of which is described as: Lot 6 of Naples Improvement •rrgfs i tom,- s Subdivision, less additional road right-of-way for Goo• -.�-1 - ,0 -°a., . . • •' • to the map or plat thereof on file and recorded in e ice of the Clerk o l ircuit Court, recorded in Plat Book 2, Page 2, i the " lic R cords of Collier ou ty, Florida. ti WHEREAS, The Tru fo P- --- e.:- =• ,- - : --If, s successors and assigns a non-exclusive easement fo re • ual: �.s (:fer th North 60 feet of the West Ask 950 feet of the above descr c • ape : • f, \ 4 f 1 WHEREAS, The Trus 'tom-'ublic Land did by'•-ed •at�d ecember 19, 2005, recorded in Official Record Book 3951, V,... s 3725 through •• g ;unto the Grantee certain lands in Collier County, Florida, and - - rltherein to CVN itseren and to said 60-foot wide non- exclusive easement described in .,. -ding para. .. ' NOW THEREFORE, in considera - •L - m of ONE DOLLAR ($1.00) and other good and valuable consideration paid by CVN, the receipt and sufficiency of which is hereby acknowledged, County and CVN agree as follows: 1. The foregoing recitals are true and accurate and are incorporated herein by reference. 2. County grants unto CVN a non-exclusive easement over the North 60 feet of the West 950 feet of Lot 6 of Naples Improvement Company's Little Farms Subdivision, as described above, for the construction, operation and maintenance of utility facilities, subject to the following terms and conditions: (a) CVN's use of this easement shall in no way interfere with or hinder the County's use of the 60 foot-wide easement area for ingress and egress to its adjoining lands. (b) The location of said utility facilities is subject to the prior written approval of the County, and CVN agrees to submit its site plan showing the precise location and nature of facilities to the Administrator of Collier County Public Services Division, or her designee, for her consideration and review. ,, Packet Page-1773- ,{ { {, A 7�1� OR: 12/10/2013 16.D.18. 3. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the parties have caused these presents to be executed as of the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: A��. 4 _ I .C„ By: -"*" 2"1147 4. „ t►• Clerk �y� \ S , Chairman rata as sioMRulh oat" . CARIBBEAN VENTURE OF NAPLES, LLC tit r OMES INVESTM NTS, LLC, Its w� : S: .• rr,��,�14/M'°/ -, §ign tures ( N4- 74ripmas I Ouverson / ember Print Name 0_ ' tv f,..�. `1 f3 This Conveyance By •n.ture ,"� } 1/2.4 The Board Coax y Commissioners_ Print Name `' •'/ PRss Ton lbm `\ Dab: ?.4 No: is H STATE OF FLORIDA `` -� A "� COUNTY OF COLLIER The foregoing Easement Agreement was acknowledged before me this 16 day of January, 2006 by Thomas H. Overson, on behalf of Luxury Homes Investments, LLC, as Managing Member of CARIBBEAN VENTURE OF NAPLES, LLC, a Florida limited liability company. He is personally known to me or has produced as identification. WITNESS my hand and official seal this /0 day of Jan : , 246. (affix notarial seal) ` _ ! .A . • 1411LIC...12 �•:'• -ture of Nota us ry •- at • .':�.: .. DEBORAH A.LUTTRELL (Print Name of Notary Public) • '':= MY COMMISSION$00334797 Serial/Commission #:(if any) EXPIRES:November 3,2008 'of a:;8f Bon09c Thru Ncwy Pub,C underwriters My Commission Expires: A �, ed as to egal sufficiency Assistant County Attorne Ellen T. ChadMell Packet Page-1774-