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Agenda 03/27/2012 Item #16A17U27/2012 Rem 16.A.17. CUTIVE SUR+IlI�IAIY Recommendation to approve two Releases of Lien, for the Saxon Manor isles Apartments Limited Partnership and the Saxon Manor Isles Apartments 11 Limited Partnership, due to the impact ferns being ,paid in full in accordance with the Mull- family Rental.Impact Fee Deferral Program, as set forth by Section 74- 401(e) and 74401(g) (5) of the Collier County Code of Laws and Ordinances. OBJEC <; : That the Board of County ° Commissioners (Board) approves and authorizes the Chairman_ to sign two Releases of Lien, for the Saxon Manor Isles Apartments Limited Partnership and the Saxon Manor Isles Apartments II Limited Partnership, due to the impact,fees being paid in full in accordance with the Multi- family Rental Impact Fee Deferral Program, as set forth by Section 74- 401(e) and 74- 401(g) (5) of the Collier County Code of Laws and Ordinances (Code). C�SIUE TIONS: The Multi family Rental Impact Fee Deferral Program was originally adopted by the Board on December 12, 1992. The Program currently provides a deferral of impact fees for a period of ten years for qualified affordable rental projects. This timeframe has previously been extended from a six year term to six years and nine months to the curreirt term of ten years. The program is limited to very low or low income households. The . unit must be the household's permanent residence and the head of household must be a legal resident or citizen of the United- States. Rental limits may not exceed the rental limits established by Florida Housing Finance Corporation. The program is limited to 225 units per year including any qualifying Community Workforce Housing innovation Pilot Program (CWHIP) units. On August 6, 1995 a Deferral Agreement, in the amount of $295,276.24 was executed between Collier County (County) and Saxon Manor Isles Apartments Limited Partnership (Owner) for Phase I of the Saxon Manor Isles Apartments. The deferral agreement stood in lieu of the impact fees otherwise due for the subject construction of 62 affordable rental dwelling units. The deferral was secured with a United States Treasury Bill. A corresponding lien was also placed` on the property in the amount of the deferral. Additionally, on March 17, 1998, a Deferral Agreement, in the amount of $592,660.48 was executed between Collier County (County) and Saxon Manor Isles Apartments II Limited Partnership (Owner) for Phase II of the Saxon Manor Isles Apartments. The deferral agreement stood in lieu of the impact fees otherwise due for the subject construction of 124 affordable rental dwelling units. The deferral was secured with a United States Treasury Bill. A corresponding lien was also placed on the property in the amount of the deferral agreement. On February 18, 2002 and August 116, 2004, respectively, the deferred impact -fees were paid in full, which has been confirmed with the Collier County Clerk of the Circuit Court Finance Department: It is unknown why Releases of Lien were not prepared and approved at the conclusion of the deferral period; however, upon receiving an inquiry related to the subject deferral agreements, staff and the County Attorney prepared Releases of Lien for approval by the Board and signature by the Chairman in accordance with Section 74- 401(g) (5) of the Code. The Packet Page -793- 3/27/2012 Item 16.A.17. RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign two Releases of Lien, for the Saxon Manor Isles Apartments Limited Partnership and the Saxon Manor Isles Apartments II Limited Partnership, due to the impact fees being paid in full in accordance with the Multi - family Rental Impact Fee Deferral Program, as set forth by Section 74- 401(e) and 74- 401(g) (5) of the Collier County Code of Laws and Ordinances (Code). Prepared by: Amy Patterson, Impact Fee and Economic Development Manager Growth Management Division — Planning and Regulation Attachments: 1) Proposed Release of Lien — Saxon I 2) Proposed Release of Lien — Saxon II 3) Deferral Agreement — Saxon 1 4) Deferral Agreement — Saxon II Packet Page -795- COLLIER COUNTY Board of County Commissioners Item Number: 16.A.17. 3/27/2012 Item 16.A.17. Item Summary: Recommendation to approve two Releases of Lien, for the Saxon Manor Isles Apartments Limited Partnership and the Saxon Manor Isles Apartments II Limited Partnership, due to the impact fees being paid in full in accordance with the Multi- family Rental Impact Fee Deferral Program, as set forth by Section 74- 401(e) and 74- 401(8) (5) of the Collier County Code of Laws and Ordinances. Meeting Date: 3/27/2012 Prepared By Name: PattersonAmy Title: Manager - Impact Fees & EDC,Business Management & 3/8/2012 2:37:16 PM Approved By n Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 3/8/2012 3:10:20 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 3/8/2012 3:17:03 PM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 3/9/2012 11:38:42 AM Name: KlatzkowJeff Title: County Attorney Date: 3/14/2012 4:24:30 PM Name: GrantKimberley Title: Interim Director, HHVS Date: 3/15/2012 10:33:01 AM Name: UsherSusan - 11—N Packet Page -796- 3/27/2012 Item 16.A.17. n Title: Management/Budget Analyst, Senior,Office of Manage Date: 3/19/2012 11:35:12 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 3/19/2012 11:57:29 AM Packet Page -797- This instrument prepared by: Amy Patterson Collier County Growth Management Division 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5721 RELEASE OF LIEN 3/27/2012 Item 16.A.17 KNOWN ALL MEN BY THESE PRESENTS: that Collier County, whose post office address is 3299 East Tamiami Trail, Naples, Florida, 34112, the owner(s) and holder(s) of a certain Agreement for 100% Deferral of Collier County Impact Fees executed by Saxon Manor Isles Apartments Limited Partnership on August 6, 1996, and recorded in Official Records Book 2214, Page 1840 of the Public Records of Collier County, Florida, hereby does release from lien the real property described in Exhibit "A" (attached), owned by Saxon Manor Isles Apartments Limited Partnership. The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property and consents to this lien being discharged of record. Dated this day of , 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA , Deputy Clerk FRED W. COYLE, CHAIRMAN Packet Page -798- 3/27/2012 Item 16.A.17. EXHIBIT "A" LEGAL DESCRIPTION SAXON MANOR ISLES APARTMENTS PHASE I A . POR rI OV OF TH« FAST 1/2 OF '1hE i AS I' 1/2 l .'F T} 1F. EAST 1/2 Of TEE: NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 50 SOU'IH, RANGE 26 EAST, COLLIER COUNTY, 1'LORICA, BEING MCRE PARTICULARLY DESCR190 AS FO�LOwS: COMMENCE AT THE NORTHEAST CORNER OF SECTION G. TOWNSHIP SO SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: THENCE RUN S. 00'07'54" W., ALONG 1'HE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 59.41 FEET 'TO A POINT ON THE SOUTHERLY RIGHT —OF —WAY LINE OF RADIO ROAD (C.R.,856). AND THE POINT OF BEGINNING OF Tw PARCEL OF ' LAND HEREIN DESCRIBED; THENCE CONTINUE S. 00'07'54' W., ALONG THE EAST LINE Off THE NORTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 1363.79 FEET; THENCE RUN N. 89'52'06" W. FOR A DISTANCE OF 75.75 FEET; THENCE RUN N. 00'0754" E., FOR A DISTANCE OF 59.24 FEET. THENCE RUN N, 89'32'06" W., FOR A DISTANCE OF 180.57 FEET: THENCL RUN S. 00`07'22" W., FOR A DISTANCE OF 76.24 FEET: THENCE RUN S. 89'52'06" E., FOR A DISTANCE OF 234.32 FEET; THENCE RUN S. 00'07'54" W.. FOR A DISTANCE OF 82.75 FEET; THENCE RUN N. 8si'BZ'06" W„ POR A DISTANCE OF 35.35 FEET; THENCE RUN S. 00'07'54" W.,. FOR A DISTANCE OF 55.00. FEET: THENCE RUN N. 89'62'06" W., FOR A DISTANCE OF 203.00 FEET: T>iENcE RUN N. 00'07'54" E.. FOR A DISTANCE OF 10.00 FEET: THENCE RUN N. 69'52'06' W., FOR A DISTANCE OF 59.74 FEET TO A POINT ON THE WEST LINE OF THE EAST 1/2 OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 5: THENCE RUN N. 0007'22" E.. ALONG THE WEST LINE OF THE EAST 1 2 OF THE EAST 1/2 OF THE EAST 1/2 OF 7h1E NORTHEAST 1y OF SAID SECTION 5, FOR A DISTANCE OF 1502.24 FEET TO A POINT ON THE SOUTHERLY RIGHT —OF —WAY LINE OF RADIO ROAD. THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHERLY, WHOSE RADIUS POINT BEARS S. 01135'59" E. A DISTANCE; OF 14892.73 FEET THEREFROM; THENCE RUN EASTERLY, ALONG THE SOUTHERLY RIGHT —OF- WAY LINE OF RADIO ROAD AND ALONG THE ARC. OF SAID CURVE TO THE RIGHT. ' HAVING A RADIUS OF 14892.73 FEET, THROUGH A CENTRAL ANGLE OF 01'16'16 ", SU8TENDED BY A CHORD OF 330.38 FEET AT A BEARING or N. 59'02'09" E.: FOR A DISTANCE OF 330.39 FEET TO THE. POINT OF grolf4blING, I Page 10 Packet Page -799- This instrument prepared by: Amy Patterson Collier County Growth Management Division 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5721 RELEASE OF LIEN 3/27/2012 Item 16.A.17 KNOWN ALL MEN BY THESE PRESENTS: that Collier County, whose post office address is 3299 East Tamiami Trail, Naples, Florida, 34112, the owner(s) and holder(s) of a certain Agreement for 100% Deferral of Collier County Impact Fees, executed by Saxon Manor Isles Apartments II Limited Partnership on March 17, 1998, and recorded in Official Records Book 2400, Page 0040 of the Public Records of Collier County, Florida, hereby does release from lien the real property described in Exhibit "A" (attached), owned by Saxon Manor Isles Apartments Limited Partnership. The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property and consents to this lien being discharged of record. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk 2012. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRED W. COYLE, CHAIRMAN Packet Page -800- 3/27/2012 Item 16.A.17. EXHIBIT "A" SAXON MANOR ISLES APARTMENTS II PROPERTY DESCRIPTION A PORTION OF THE EAST 1/2 OF THE EAST 1/2 OF THE EAST 1/2 OF rHE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 6. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 00'07'54' W., ALONG THE EAST UNE OF THE NORTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 59.41 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF --WAY HNE OF RADIO ROAD (C.R. 856); THENCE CONTINUE S. 00'07'54 W., ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 1363.79 FEET TO THE POINT OF RFGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.00ro7'54' W., ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 1395.05 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 6; THENCE RUN S. 89'29'15" W.. ALONC THE SOUTIJ LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE 329.92 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE EAST HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE RUN N_ 00'07'22' E., ALONG THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 1254.00 FEET; THENCE RUN S 89'52'06" E FOR A DIST 69.74 FEET; THENCE RUN S. ANCE OF 00'07'54" W. FOR A DISTANCE OF 10.00 FEET; THENCE RUN 5. 89'52'06" E. FOR A DISTANCE OF 203.00 FEET; THENCE RUN N. 00'07'54' E. FOR A.DISTANCE OF 55.00 FEET; THENCE RUN S. 89'52'06' E. FOR A DISTANCE OF 35.35 FEET; THENCE RUN N. 00.07'54" E. FOR A DISTANCE OF " 82.78 FEET; THENCE RUN N. 89'52'06' W. FOR A DISTANCE OF 234.32 FEET; THENCE RUN N. 00'07'22" E. FOR A DISTANCE OF 76.24 FEET; THENCE RUN S. 89'52'06` E. FOR A DISTANCE OF 180.57 FEET; THENCE RUN S. 00'07'54" W. FOR A DISTANCE OF 59.24 FEET: THENCE RUN S. 89'52'06' E. FOR A DISTANCE OF 75.75 FEET TO THE PAIN[ OF RFG NtgING Packet Page -801- Thi:, Ayr-evvi ant i or the Deferral of lmpar t. F'e'es entered into tltis: . J. (Jay )t ! 1�`, l�r <rr,, by and between the Board of COurlty c'„ruii :,:,iurrt`r:, 01 Cc,llIt-t Ck)urlt } , lourldi, helei;11atter referred to as "COUNTY" and Saxon Manor lt.le_, Apartments, Limited Partners hip heresinatter referred to a:; 1106vNER". WHEREAS, Collier County Ordinank-•e� No. 88 -91, as amended, the Collier County Library System lr,,pa t Fee Ordinance; Collier County Ordinance fdo. a-, iment,led, thE` Collier County Parks and 12ec seat ior�1�i�t;9�lrjtct Fee Ordinance; Collier County Ordinance llcy` -7 1 , ►:, .imen��cibbc i it, Col 1 ier County Emergency Medical/ .Lq" e. v Mpac: FE e Ordinance; Collier County Ordinance( 11 '. a `r l e`l he Col 1 ier County Road impact FETE' Urdine ; c' 1 r c (, my dtltrce� No. �,U -8� asp amend, -d, t he C'v l i jrq�v c'Ount y W It t r i t r/ )a'.•t c:rr 1 111d11Ce ; Collier County Orcl' rr t.• 1Jo. �iU 4, :n ended, the .Collier County Sewer SysteI 'r e; anti Collier County Ordinance 92- 3 3 , u-, -umended,­FT" c Cu 1 1 it°r Cuunty EdLIC At iona 1 Facilities Impact. Few Ordinances, a:; they may be further amended from time to time, lwre�rnatter ._•ullok- tivt,ly ruter" red to as "Impact. Fee Ordin,trict-", provide tot- dvterrals of. impact tees for re -nta 1 dwe i l i nc3 ::nits qua l i t y i nq .t:. a t t ordab l e housing; and WHEREAS, SunCoa::t Corp. of Delaware is the duly authorized general partner i th J. B,r� lrmarin os, Pre.s iLlent ; and Packet Page -802- 2085546 OR: 2214 PG: 3/27/2012 Item 16.A.17. lots: • CUK t0 in an IIMM io tk OtiICI16 000111 of Munk em", 11 ac M poem 49.39 11.0 I171101110 Ito rwol 11/11/91 at 11:11Y HICK 1. 11M, CM 1IIC 1.8 IV 1211 AGREEMENT FOR 100% DEFERRAL OF COLLIER COUNTY IMPACT FEES Thi:, Ayr-evvi ant i or the Deferral of lmpar t. F'e'es entered into tltis: . J. (Jay )t ! 1�`, l�r <rr,, by and between the Board of COurlty c'„ruii :,:,iurrt`r:, 01 Cc,llIt-t Ck)urlt } , lourldi, helei;11atter referred to as "COUNTY" and Saxon Manor lt.le_, Apartments, Limited Partners hip heresinatter referred to a:; 1106vNER". WHEREAS, Collier County Ordinank-•e� No. 88 -91, as amended, the Collier County Library System lr,,pa t Fee Ordinance; Collier County Ordinance fdo. a-, iment,led, thE` Collier County Parks and 12ec seat ior�1�i�t;9�lrjtct Fee Ordinance; Collier County Ordinance llcy` -7 1 , ►:, .imen��cibbc i it, Col 1 ier County Emergency Medical/ .Lq" e. v Mpac: FE e Ordinance; Collier County Ordinance( 11 '. a `r l e`l he Col 1 ier County Road impact FETE' Urdine ; c' 1 r c (, my dtltrce� No. �,U -8� asp amend, -d, t he C'v l i jrq�v c'Ount y W It t r i t r/ )a'.•t c:rr 1 111d11Ce ; Collier County Orcl' rr t.• 1Jo. �iU 4, :n ended, the .Collier County Sewer SysteI 'r e; anti Collier County Ordinance 92- 3 3 , u-, -umended,­FT" c Cu 1 1 it°r Cuunty EdLIC At iona 1 Facilities Impact. Few Ordinances, a:; they may be further amended from time to time, lwre�rnatter ._•ullok- tivt,ly ruter" red to as "Impact. Fee Ordin,trict-", provide tot- dvterrals of. impact tees for re -nta 1 dwe i l i nc3 ::nits qua l i t y i nq .t:. a t t ordab l e housing; and WHEREAS, SunCoa::t Corp. of Delaware is the duly authorized general partner i th J. B,r� lrmarin os, Pre.s iLlent ; and Packet Page -802- 3/27/2012 Item 16.A.17. _e *. -- -. . — -- _ WHEREAS, JacP J. Bachmann, Pre.- -ident oT SunCoast Corp. of Delaware hais applied lot- a def el-l-a 1 ()t impact T c�e:s as required by the Impact Fee Ordinance, a (_'Opy c+t : -said appl itat ion being on file. in the Dvparl• ment of liou:;iny and Urban improvement; and WHEREAS, the County Manacje ur hi:: desiynee has reviewed the Ol,'rJF:R':, ;ipp1 icat:on and ha:, t(lurid that it Cur1p1ies with the reduirt•merit:s fur in 1ttOrLiaL�1t r1t:u:.in1 ticit•rr,11 of ilnp.wt tees as estab l i shed ill t 1 • 1 r31),iCt It-(, 111d WHEREAS, the impact Tee dc i vi-ra 1 :,h.i 1 i he presented ill l.iVL1 Ut 1,.1ym0nt t,t rug c t�r�'i y�iJr .;• Ct tt•t•:: :,trt.,�•, satisfaction of al �°. eria in the ftttt.1 't Fee Ordinance qualifying the v and / WHEREAS, t_hr 1 the amount UT $? i1,.: •; for :six cert i T irate of occ` +¢i cy for :axon I embodied in Fte:;O 1 u•, and 1()1, \ir; � :!Ip'1c•t tee dvt err.i 1 ; cic�lic r• l�jt impact. Tees in t"It.; Al;Zin date of le:s Apartments Phase regular meeting of WHEREAS, tht' lmuaCt FUL. Ur'dill,111 •t rtciuirt:. that the UWNEK enter into yin -Agrocin-nt with t w c'(wtvi'Y. NOW, THEREFORE, in cun;-sidt•r.iti.jn cat ttW fL)rt.'yuing recitals the parties covenant and agree .t:s t U 1 1 Uwa : 1. RECITALS INCORPORATED. 1 ht• t Ut-t•civ i nc1 rt_!c_ i to 1 s are true and correct twi :aial l be inc•UrltUratA'd by t'uturenct tierein. Packet Page -803- 3/27/2012 Item 16.A.17. %veto YY* • • we *wow 2. LEGAL DESCRIPTION. The Loga 1 dersc•r ipt ion of the dwelling units (the "Dv:'elling 1!n it ") is att.tL-hud hereto as Exhibit. "A" and inc urporated by ret erenc:e herein. 3. TERM. Ol NE'R ,igrees that tho Dwell my Unit shall remain affordable and shall be of i e°red for rent ill accordance with the standard:; -0t t orth in the ippend i x to the Impact Fee Ordinance for a mini,ium of titteen � 1`,) year:s commencing tram the date a c•ertif ic,t ' f, Of oc•C UI),inU }' i:, for the Dwelling Unit. 4. REPRES ENTAIL' IONSI W ANTIES. 0,..., ner represents and warrant:; t t' rollt;::i;�.�'1T� (I . The Dwe 1 lfi�nk), Unit sha 1 1 be• t h , pc rviant•nt res i:lenc e- of the oc:c pis •: / t c:n�� -,1`` b. The hou •e L r n in t D 'e i q Unit must have a low it c w t' l , CU ont of the leasehold and du 'on thereof . t ;t«�rm i:s :let ined in the Append i s. Vrj lid re spt'.'t V V1 ILIC•t Ft.'C' UI -d i nank:es dnd they erontrr the' atlUrd,Ible housing quidel ines ,I�It,ibl ished in the AppendiC O'S tO the re:spect i vo l inp.i •t Pte C. The Dwellinq Unit shall remain atfordable for at least I if teen ( 1 yt-ar:s truri the klate> the certificate of `�. SUBSEQUENT RENTAL OR TRANSFER. It OWNER rents the Dwelling Unit tc> the Lr.lp,lct tee deterr'll to a subsequent renter, the Dwelling Unit shall be rented only to — 1 — Packet Page -804- 3/27/2012 Item 16.A.17. W04 40&az t W e aysv n housetiolds meeting the criteria ­,et torth in the Impact Fee Ordinance. The impact tees deterred shall be immediately repaid to thc� COItN`!'Y ulmn tho Lit u:,e of the Dwelling Unit aF, affordable housing, or six years from the date such impact tee, are dt.,t erred, lihiCht'Vt, r LWCLIr:; t irst . Owner agrees that even though the impact lees have been repaid to the COUNTY, the owner will utilize the Dwelling Unit for aftordable housing for at least fifteen (11;) yeL'ars from the bate the certificate of occup,inc.y was issued t or the Dwelling Unit. 6. LIEN. The clef tarred impact tees shall be a lien upon the property which i sed upun in the event of non- ccmpliance .:itk requiremE�nt:, is Agreement. The County ac-kno l(Nc Alc` d ��Itliat. lair.. -�A^ (a) In complian •ez i >tLr1 c th Collier County impact fee orlon c.:, Q.,jje,-p ct n r l: 1 s ( Limited i'r'k -t �' , Partnership has <'?tx ,isstrated to th , c' ury*,: /t.hat a subordination of the County's intere:st:s at is nec-es�;ary to obtain financing for 'Apartment:, Phase I an affordable housing p:-oject Con:,isting of one hundred twenty -eight (128) M"Iti- family dwelling units; and (b) In compliance .th the provisions of the itlrp.jc.t fete ordinances, the Ot:,ne!• will deliver to the County substitute collateral in the to---m of cash and a cash equivalent financial instrument payabl(> tt) the County which together will yield to the County the toll amount of the deterred impact fees, i.e., the :gum of taro hundt -Od and n i not y- t i ve thousand t J,o hundred and seventy -six dollars: and 24/100 at the expiration - 4 - Packet Page -805- 3/27/2012 Item 16.A.17. V&%O 46664 f V• &Vs4 of the period of the deferral, February 15, 2003, i.e., a United States Treasury Zero Coupon liund which will mature at the end of the deferral period, February 15, 2003, and, upon maturity, would yield an amount equal to the amount of the deferred fees. Coun *.:y c:ovenan'i.�s and agrees that it will not negotiate the bond uciless and until they deterred impact fees become due and payable pursuant to this agreement and that all moneys received by ntryut iat ion c)f the bond shall be applied to the payment of said deterred impact tee obligation owing by Saxon Manor Isles Ap,irtments Limited Partnership. (c) The County herer) `'- "iii►(�`�; �0 subordinate its ry4ht- interests rind agreement to the �l iH2i ort ,i ju a ( "Mortgage") f ro ;c n a nit, Partnership to C�)Tl ' � o principal amounts p to six mi lj{ n tt thousand dollars (a��,) x,000) plug; .i ( :rents and agrees to i e`ty pursuant to this c:urity Agreement thierlts Limited e Authority in the hundred fifty interest and all advances; authorized �in art C r if�i ANNUAL REPORT. Annua 1 1 }' , t ht_ � Of the Dwelling Unit shall provide to the County Manacier an affidavit of compliance with the attordable houSincj clualiI ication criteria and standards set forth in the Iripact Yee Ordinance. Said affidavit must be t i Leta within thirty ( lU) (-..iys of the anniversary date of •:he issuan.:e of the certiricate of occupancy. If the income of any unit renter which originally qualified as lo,,ti inc.)mu level a_, det ined in the respective Packet Page -806- 10—\ 3/27/2012 Item 16.A.17. Wa%o rY• • 4%00 •lI ew n Appendix to the 1 mp,ik;t Fee Ordinance by more thin forty percent (40 %) , then the deterred Impact Fee :.ha 11 become immediately due and payable by O+:ner or, in the alternative, the Owner shall have ninety (90) days to comply with the Affordable Housing guideline; scat forth in the respective Appendices. o. RELEASE OF LIEN. Upun rc,tt is >tactory completion of the Agreement requirorients, and upon payment of the deterred impact fees, the COUtlTy shall, at the, e:�xpen:;rl of the COUNTY, record any necessary dOCUmentat iC,n evidenc_ inq same, including but nut 1 imitod to, ; release (It l ierl. �� . BINDING EF {r�'t �� c > ;tt ::ha 1 l be binding upon VTR, .V the part it:.", to t ti i - uuMvilt , t tit, I r i r :, ::u� t :;_:or and assign: ;. In the le ut"^t`.rri: t t- 1, t� (3 i t t ui the Dwelling Unit, t:110 g' a 0't : t r Iem.ttn 1 iable for the impact fees def E' fi1.c. t ')I ,..r t paid in full . 10. RECORD This. Agrt.-e•me :.haill) k)e re curded t.,y OWNER at the erpense of 11' in the Ott i �'curd:: of Col 1 ier County, Florida, : ir..tt ki _: ,►f tt r e Xk-�uution of this Agreement by the Cho i rman of the' B0,11 -d of c•uunty Commissioners. l 1 . DEFAULT. OWNER shall bt.� ill det au 1 t of this Agreement (1) where OWNER tai 1:: to rent the property in accordance with the affordable ttuu::i iq :;t,dnd,ll.d : and dual it ication criteria established in t I,;ipact. Fee .)rdinance• and tl le- rearter rails to pay they impact 1005. ALW ithin thirty (3u) play:: C;t :laid non - compliance, or (.1) where OWNER violate: one of the affordable housinq qualitication c:riteria in the impact Fee - t, - Packet Page -807- 12. REMEDIES. Should Said Oti:net of the property tail to comply with the salct clualitiC,ition criteria at any time during the fifteen (15) year period ur _ ;houtd OWNER violate any provisions of thi:; Agreement, the impact tees deferred shall be paid in full by OIdt EI� ithin thirty ( >u) day ; Ut raid non-compliance. OWN I i.mpdcrt tees deterred shall constitute �� /l �n on the proper c mmencing on the effect ive date of tt}f ��emerit°'in i cc,n ir. tiny unt i 1 paid. Except a:s ;t!t f o i:h � t ? o t xa', "�X' 1 'n :;ha1 1 be superior and 1_)ar ar;uOunt t c, t c 1 v y U nit of any owner, lessee, tek� , mortgagee, tl except the lien for County tak It d shaI 1 IA c)r %, ith the lien of any such County taxe:;. Si Y , t�1 � (� :R be in detault of this Agreement and the default is not Cured Within thirty (30) days after written notice to the 0w11L °t,, the, hoard viay briny a civil action to ent orc:e th� • aclreement . In addition, the lien may be foreclosed or othvrti:,. rse enforced by the COUNTY by action or suit in equity as for the foreclu: ;urea or a 3/27/2012 Item 16.A.17. on real property. This reme,ly V&%$ YYa a a v• av av Ordinance for a period of t iItec?n ( 1')> days of ter notice of � viol at ion. Howevt!r, , %-. i th respect to the Annual Report, OWNER shall not be in det,tu It of this: Agreement until .► fifteen (15) day grace period t roan the due Ll,ite of the report ha's lapsed in the event the Owner is in default. 12. REMEDIES. Should Said Oti:net of the property tail to comply with the salct clualitiC,ition criteria at any time during the fifteen (15) year period ur _ ;houtd OWNER violate any provisions of thi:; Agreement, the impact tees deferred shall be paid in full by OIdt EI� ithin thirty ( >u) day ; Ut raid non-compliance. OWN I i.mpdcrt tees deterred shall constitute �� /l �n on the proper c mmencing on the effect ive date of tt}f ��emerit°'in i cc,n ir. tiny unt i 1 paid. Except a:s ;t!t f o i:h � t ? o t xa', "�X' 1 'n :;ha1 1 be superior and 1_)ar ar;uOunt t c, t c 1 v y U nit of any owner, lessee, tek� , mortgagee, tl except the lien for County tak It d shaI 1 IA c)r %, ith the lien of any such County taxe:;. Si Y , t�1 � (� :R be in detault of this Agreement and the default is not Cured Within thirty (30) days after written notice to the 0w11L °t,, the, hoard viay briny a civil action to ent orc:e th� • aclreement . In addition, the lien may be foreclosed or othvrti:,. rse enforced by the COUNTY by action or suit in equity as for the foreclu: ;urea or a mortgacie on real property. This reme,ly i-, c:umul.itive ,:ith .tny other right or reined, tvai lAhlL' to ht :'ut'N1'Y. 1'hc- butird :sh.t11 be entitled to - V - Packet Page -808- 3/27/2012 Item 16.A.17. V4 %6 moo & • ,we •w e. recover all fees and costs, inrludinq attorney's tees, plus intere:.t at the �-:tatutory rate for jijdgmentt, '�.,ilL•ulated on a calendar day basis: utiti l paid. IN WITNESS WHEREOF, the partie'. have executed this Agreement for deferr.i1 of ImpdL•t ft' L':; Url t.hC date and year first above written. Witnes ;es: ulI NFR • C7'y, Print Namel�,�, -I }a' i i nt Name :;AXON MANOR ISLES APARTMENTS I IMI'TED PARTNERSHIP }iy: !,LJNCOAST CORP. OF DELAWARE �;1 NE:RAI. PARTNER �J Icivo— ��� l � � �: r een u a t ?.t Fir; .t^cnmann e. ; id enf` t ^, � C' U l' r,s DATED: ATTES -1 : p DW IGH -1 E. BROCK , C l e r I; V(1NTY COMMISSIONERS LINTY, FLORIDA John C. Norris:, Chairman A proved as to form ind 1 gal sufficiency Heldi. As ton Assistant County Attorney Packet Page -809- 3/27/2012 Item 16.A.17. v... r..• •ter• ..•V STATE OF _ ._Florida__-___,__--___) COUNTY OF Collier _______) The foregoing instrument was acknowledged before me this 4th day of .1'/ — day of .2k.... . 1996 by Jack J . Bachmann, President of SunCoast Corp. of Delaware, General Partner of Saxon Manor Isles Apartments Limited Partnership, on behalf of the Partnership. He ..s personally known to me -or has produced- _. (-e-yip,. --Qt ilati n t.i t i c:d t 1 Gal) d6 [NOT$1RTAL SEAL] Signature of Person Taking Acknowledgment /e. , Name of Acknowledger Typec 1't i ntt ci or Stamped OFFICIAL NOTARY SEAL-7- 1,--„A„..„ JOANNE DAI.H ‘---LJUA. f `r MY COMM1SS AY 30,1996 - 1 p:( y \ . ,_., (-cl . i:, ,,) , ,,,,\f ,, io.„,, 4-0, . ,...) t -' - 9 - Packet Page -810- . >t>t>t 3/27/2012 Item 16.A.17.• WWII YYa• •V O •Y•./ .„` EXHIBIT "A" LEGAL DESCRIPTION SAXON MANOR ISLES APARTMENTS PHASE I A,PORT'ON OF 1').+F FAST 1/2 OF Ir. :Ali1 1/i i;F 1.1r FAST ! /2 C% TA; NORTHEAST 1/4 OF SECTION 0, TOWNSHIP SC SCUIl,. RANGEE. 226 EAST, COb-IER COUNTY. FLORIDA. eEIrNC toCRG PARTICULAR_`' DESCRi9ED AS FO..LO*S: COMMENCE AI' (ME NORTHEAST CQNNEN Uf SECTION 6, TOwNSHIP 50 SOUTH, RANGE 36 EAST, COL'_IER COUNTY, FLORIDA; THENCE RUN S. 00'07'54' W., ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6. FOR A DISTANCE OF 59.41 FEET 'TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY UNE or RADIO ROAD (C.R..856), AND THE PO NT OF' Bf. NNING OF THE PARCEL OF LANG HEREIN D CONTINUE S. 00'0754' W., ALONG THE d ORTHEAST QUARTER OF SAID SECTION 6, -`* ANCE Cam. 6 FEET; THENCE RUN N. 89'52'00" W( A DISTANCE OF 'VET; ET; THENCE RUN N. 00'07'54` AR A DISTANCE OF S9. 4 FEET; THENCE RUN N. 89'52406" W.. A_ DI • 180. MET: THENCE RUN S. 00'07'22 w. t FO- ST GE F 76.24 EE': THENCE RUN S. 8912'06 E. ,- _ FE T: THENCE RUN S. 00'07'541" W F• PI A .` BEET THENCE RUN N. 884'6='0 W •R k► 413 AN . FEET THENCE RUN S. 00'07'54 fly.\F, • ` £ "•F S�.00, FEST THENCE RUN N. 6912'06 -1M. FOR A 01 TANC •F 2�b�00/E ; THENCE RUN N. 00'01'54 OR A DISTANCE •, 10.00 T" THENCE RUN N. 69'52'06" , OR A DISTANCE s' —9/7 TO A POINT ON THE WES OF THE EAST t/'- ' , ' EAST 1/2 OF THE EAST 1/2 OF T ' ' - EAST 1/4 OF .. CT1ON 8: THENCE RUN N. 00'07'22" E.. A .•,' •I- . • E EAST 1/2 OF THE EAST 1/2 OF 1)1 > _'/ , ' CRTHEAST 1/4 OF SAID SECTION 6, FOR A DISTANCE EET TO A POINT ON THE SOUTHERLY RIGHT-OF-wAY LINE OF RADIO ROAD. THE SAME BEING A POINT ON A CIRCULAR CURvE, CONCAVE SOUTHERLY, WiIOSE RADIUS POINT BEARS S. 01'35'59" E. A DISTANCE OF 14802.73 FEET THEREFROM; THENCE RUN EASTERLY, ALONG THE SOUTHERLY RIGHT-OF- WAY LINE OF RADIO ROAD AND ALONG THE ARC OF SAID CURvE TO THE RIGHT, HAVING A RADIUS OF 14892.73 FEET. THROUGH A CENTRAL ANGLE OF' 01'16'16", SUBTENDED BY A CHORD OF 330.38 FEET AT A BEARING OF N. 89'02'09" C., FOR A DISTANCE OF' 330.3a FEET TO THE POINT OF !ECINNIs, • 1' Page 10 Packet Page-811- 3/27/2012 Item 16.A.17. • uta; 2294542 OR: 2400 PG: 0040 3/27/2012 Item 16.A.17. cull TO In IOAtD RICOIDID A the OFFICIAL HCOUS of COLLIIR COORI, FL • IMICIPICI 4t1 FLOOR 03/19/99 at 10;11A1 D1IG1T 1. 110C1, CL111 COFIIS 9.00 IV 1240 AGREEMENT FOR 100% DEFERRAL OF COLLIER COUNTY IMPACT FEES This Agreement for the Deferral of Impact Fees entered into this/7Z& of _ '- 1998, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Saxon Manor Isles Apartments I Limited Partnership hereinafter referred to as "OWNER ". WHEREAS, Collier County Ordinance No. 88 -97, as amended, the Collier Count} Library System Impact Fee Ordinance, Collier County Ordinance No. 88 -96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91 -71, as amended,leri�tt Impact Fee Ordinance; Collier rdinance No. Road Impact Fee Ordinance Col tl$�r -C MnLy Q_ ar County Water System Imp �t F n C the Collier county Sewer p m In �c� F e r nar 92 -33, as amended, the Col � ounty Educational • cili they may be further amended time to time hereinui, Fee Ordinance ", provide for de �rfs qualifying as affordable housing; and Emergency Medical Services System as amended, the Collier County- 86, as amended, the Collier No. 90 -87, as amended, County Ordinance No. Impact Fee Ordinance, as Wely referred to as "Impact owner - occupied dwelling units WHEREAS, SunCoast Corp. of Delaware is the duly authorized general partner «ith Jack J. Bachmann as President; and WHEREAS, Jack J. Bachmann as President of SunC'oast Corp. of Delaware. has applied for a deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has revievvud the OWNER's application and has found that it complies with the requirements for an aftordable housing; deferral; of impact fees as established in the Impact Fee Ordinance; and Packet PaEe -912- OR: 3/27/2012 Item 16.A.17. WHEREAS, the impact fee deferral shall be presented in lieu ot'payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and WHEREAS, the COUNTY approved a deferral of impact fees in the amount of Five Hundred Ninety Two Thousand Six Hundred and Sixty Dollars and 48/100 (5592,660.48) for six years fmm date of certificate of occupancy for Saxon Manor Isles Apartments embodied in Resolution No. 98- 70 , at its regular meeting of March 17, 1998 and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consi agree as follows:,' 1. RECITALS INCORPORATED �Tl incorporated by refet 2. LEGAL DESCRIPT is attached hereto as ExhiWA" and i I recitals, the parties covenant and and correct and shall be its (the "Dwelling Unit ") 3. TERM. OWNER agree" dire the Dwelling Unit`4,WCr*ain affordable and shall be offered for rent in accordance t}e y ys n the appendix to the Impact Fee E C3 Ordinance for a minimum. of fifteen (1 commencing from the date a certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER 'represents and warrants the following: a) The Dwelling Unit shall be the permanent residence of the occupant/tettant. b) The household renting the Dwelling Unit must have a very low or low income level, at the commencement of the leasehold and duration thereof, as that term is defitied in the Appendices to the respective Impact Fee Ordinances and the monthly rent must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. 2 Packet Page -813- ( 3/27/2012 Item 16.A.17. c) The Dwelling Unit shall remain affordable for at least fifteen (15) years from the date the certificate of occupancy was issued. 5. SUBSEQUENT RENTAL OR TRANSFER. If OWNER rents the Dwelling Unit subject to the impact fee deferral to a subsequent renter, the Dwelling Unit shall be rented only to households meeting the criteria set forth in the Impact Fee Ordinance. The impact fees deferred shall be immediately repaid to the COUNTY upon the discontinuance of use of the Dwelling Unit as affordable housing, or six years from the date such impact fees are deferred, whichever occurs first. OWNER agrees that even though the impact fees have been repaid to the COUNTY, the OWNER will utilize the Dwelling Unit for affordable housing for at least fifteen (15) years from the date tee+ i t c� c c pT 6. LIEN. The deferred impacshill be a lien foreclosed upon in the /7vcn(fo o - corliancarith f The COUNTY acknowI ed (a) In compliance withl the r i ' f o ter C has demonstrated t COUNTY that a su rdir \L and lien is necessary io�*14in financing for housing project consisting ohl (b) In compliance with the provisi y was issued for the Dwelling Unit. property which lien may be of this Agreement. y >� t Fee Ordinances, OWNER ion he County's rights, interests at sles Apartments, an affordable t 124) units, and Fee Ordinances, the OWNER will deliver to the COUNTY substitute collateral in the form of cash and a cash equivalent financial instrument payable to the County which together will yield to the COUNTY the full amount of the deferred impact fees, i.e., the sum of Five Hundred Ninety *F%�o thousand Six Hundred Sixty Dollars and 48/100 ($592,660.48) at the expiration of the period of the deferral, August 15, 2004, i.e., a United States Treasury Zero Coupon Bond which will mature at the end of the deferral period, August 15, 2004 and, upon maturity, would yield an amount equal to the amount of the deferred fees. COUNTY covenants and agrees that it will not negotiate the bond unless and until the deterred impact fees become due and payable pursuant to this agreement and that all moneys received by 3 Packet Page -814- OR: 3/27/2012 Item 16.A.17. negotiation of the bond shall be applied to the payment of said deterred impact fee obligation owing by Saxon Manor Isles Apartments 11 Limited Partnership. (c) The County hereby covenants and consents and agrees that its rights, interests and lien pursuant to this agreement shall he subordinated to the lien of the Mortgage and Security Agreement ( "Mortgage ") and other documents executed by OWNER in consideration therewith from Saxon Manor Isles Apartments 11 Limited Partnership to Collier County Housing Finance Authority, or other primary lenders in the principal amount of up to Six Million Four Hundred Thousand Dollars ($6.400,000), plus accrued interest and all advances authorized under the provisions of such mortgages. The COUNTY will execute such subordination agreement "q ft required by said mortgages. 7. ANNUAL REPORT. AnnW41 to OWNER of`'t ri Iling Unit shall provide to the County Administrator ai criteria and standards si within thirty (30) days If the income of any un the respective Appendix (40%) above the low it which original impact fee on the non - compliance Fee ith that' rdable housing qualification ►rrtttte. aid affidavit must be filed I±cq of the certificate of occupancy. J%vt ivied ds %*, income level as defined in by more than forty percent then the per unit deferred immediately due and payable by OWNER or, in the alternative, the OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth in the respective Appendices. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements, and upon payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing such payment, including but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement, their heirs, successors and assigns. In the case of sale or transfer by gift of the Dwelling 4 Packet Page -815- OR: 2 3/27/2012 Item 16.A.17. Unit, the original OWNER shall remain liable for the impact fees deterred until said impact fees are paid in full. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER.in the Official Records of Collier County, Florida within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to rent the property in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact tees due within thirty (30) days of notice of said non - compliance, or (2) where OWNER violates one of the affordable housing qualification c i tl Fee Ordinance for a period of titteen � r (15) days after notice of violas. owever, with to the Annual Report, OWNER lr% shall not be in default 0/this A r e s. un1 a U, een 5) day grace period from the due date of the report has la sed i v t i fault. 12. REMEDIES. Should tbe,,.Q EPA 6h pr y 'a t cojiVl�, with the said qualification criteria at any time du the fifteen (15) ye period ' `"'$#could OWNER violate any provisions of this Agree t e impact fees dd be paid in full by OWNER within thirty (30) days of said J e grees that the impact fees defers. C lR shall constitute a lien on the property c crag on the effective date of this agreement and continuing until paid. Except as set forth in Section 6, such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within thirty (30) days after written notice to the OWNER, the Board may bring a civil action to enforce the Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. Notwithstanding the foregoing, the COUNTY shall realize upon the collateral 5 Packet Page -816- OR: 3/27/2012 Item 16.A.17. given to it by OWNER as described in Section be prior to exercising: any rights to recover against property. The Board shall be entitled to recover all fees and costs, including attorney's fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for deferral of Impact Fees on the date and year first above written. (2) Witnesses: OWNER: SAXON MANOR ISLES APARTMENTS 11 LIMITED PARTNERSHIP Tint Name c UNC UAS "f CORP. OF DELAWARE s al Partner Ak 1 Name Attest as to Chairman's signature only., DATED- W%a.�h7 ATTEST: DWIGHT E. BROCK, Clerk . Approved as to form and legal sufficiency �1,z / ' .(,f ,/, "� Heidi F. Ashton Assistant County Attorney President t CouN� BOARD ,U in, COMMISSIONERS OUNTY, FLORIDA BarbKa B. Berry, Chairman .4 Packet Page -817- 3/27/2012 Item 16.A.17. STATE OF FLORIDA COUNTY The foregoing instrument was acknowledged before me this day of Ae e y_ 1998 by Jack J. Bachmann, President of SunCoast Corp. of Delaware, General Partner of Saxon Manor Isles Apartments II Limited Partnership. He is personally known to me er-4was predwed -- (type of identification) as identification. SfiOiature of person taking ackno edgment Name of Acknowledger Typed, Onted or Stamped jd/f /monmanor /agreem 17, ent ,. UO 7 Packet Page -818- w.►.w ttt OR: 2' 3/27/2012 Item 16.A.17. EXHIBIT "A" SAXON MANOR ISLES APARTMENTS II PROPERTY DESCRIPTION A PORTION OF THE EAST 1/2 OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 6. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, GnNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT 71HE NORTFiEAS-f go-Rf _RRF ., 6. TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLL ENC£ RUN S. 00'07'54' W., ALONG THE Nf Ck THE ST OUARTER OF SAID SECTION 6, R A DISTANCE OF FEET TO A POINT ON THE SOUTHERLY RICA GIF —WAY ! INE OF RA 10 OAD (C.R. 856); THENCE CONTINUE (S. OGVW-& VY., THE ST LINE OF THE NORTHEAST QUARTEP AI ON 6 FOR 1. WISTANCE OF 1363.79 FEET TC TH,E IARCtL OF LAND HEREIN DESCRIBEO; T` Ef CE W., ALONG THE EAST LINE O F TIC l iNQRI� A F S SE 0110N G. FOR A DISTANCE OF F T iCpRNER OF SAID SECTION 6; TN RUN S 69'29'15 ALor�. E SOUTH LINE OF THE NORTHEAST- TER OF SAID SE N 6�/ A DISTANCE 329.92 FEET TO+ SCUTIMEST CO OF� EAST HALF OF THE EAST HALF A EAST HALF OF �FiTHEAST QUARTER OF SAIL) SECTION 6, RUN N. E., ALONG THE WEST LINE OF Ti1E EAST H F, - OF THE EAST HALF OF THE NORTHEAST OUARTE A N 6, FOR A DISTANCE OF 1254.00 FEET; THENCE RUN S. 89'520 E. FOR A DISTANCE OF 69.74 FEET; THENCE RUN S. 00'07'54' W. FOR A DISTANCE OF 10.00 FEET; THENCC RUN S. 89'52'06' E. FOR A OISTANCC OF 203.00 FEET; THENCE RUN N. 00'07'54' F. FOR A DISTANCE OF 55.00 FEET; THENCE RUN S. 69'52'06' E. FOR A DISTANCE OF 35.35 FEET; 1HENCE RUN N. 00'07'54' C. FOR A DISTANCE OF 82 78 FEET; THENCE RUN N. 89'5206' W. FOR A DISTANCE OF 234 32 FEET. THENCE RUN N. 00'07'22" E. F OR A DISTANCE. OF 76.24 FEET; THENCE RUN S. 89'52'06' E. FUR A DISTANCE OF 180.57 FEET; IHENCE RUN S. 00'07',4" W F,)R A CISTANCE Or 59 24 FEET ;I-+CNCE RUN S. ti9'S2'0f:' E 170;4 A DISTANCE OF 75 75 FEET T() 114E potN f OF Packet Page -819-