Agenda 03/23/2010 Item #16B 2
Agenda Item No, 1682
March 23, 2010
Page 1 of 237
EXECUTIVE SUMMARY
Recommendation to approve payment to Collier Development Corporation for purchase of
drainage easements necessary for construction of two segments of the Lely Area
Stormwater Improvement Project (Project No. 51101) located within thc Sabal Bay
Development in the amount of $987,345
OBJECTIVE: To approve payment to Collier Land Development, Inc, (CDC) for purchase of
drainage easements necessary for the Lely Area Stormwater Improvement Project per provisions
in the Contribution A&'1'eement, Companion Agreement and the Amendments to the Companion
Agreement.
CONSIDERATIONS: Collier Land Development, lnc" and Collier Development
Corporation (collectively referred to as CDC) entered into a Contribution Agreement for Road
Impact Fee Credits with Collier County on October 22, 2002 (OR 3138, PG 2366), Per the
agreement, the County and CDC stipulated that a companion agreement would follow which
would set forth the terms and reimbursement methodology for the Lely Area Stormwater
Improvement Project (LASIP) as set forth in the Memorandum of Understanding, Exhibit "B-
6."
On October 14, 2003, the Collier County Board of COlmty Commissioners approved a
companion agreement to the Developer Contribution Agreement (Item lOB) supplementing the
original agreement by providing for proportionate fair share land and construction costs
determination associated with completion of portions of LA SIP,
On March 27, 2007, the Collier County Board of County Commissioners approved the first
amendment to the companion agreement (Item lOG) providing for acceptance of
1. CDC's Lely Main Canal improvement construction schedule waving the advanced year
March 31 notification date requirement;
2, The Sabal Bay development plans preservation of a natural, existing flow-way referred
to as the "Fern Street Relief System" eliminating the need to construct new surface water
management system adjacent Fern Street;
3, The real estate appraisal prepared by Integra Reality Resources submitted to County staff
by CDC on ] /]9/07 was completed in conformance with the conditions spelled out in the
companion a&'1'eement and is the basis for the project's real property reimbursement
amount;
4, A calculation of proportionate share basis for reimbursement of the actual construction
cost of LA SIP components located within Sabal Bay; and
5, A project construction budget for the LASIP Lely Main Canal.
On April 22, 2008 the Collier County Board of County Commissioners approved the first
amendment to the contribution agreement for roadway impact fee credits and the second
amendment to the companion agreement (Item 16B] 0) providing for acceptance of:
1. CDC granting Collier County an easement for the Lely Canal and Avalon School Outfall
in place of a fee simple deed, This resulted in a cost savings of $182,447 to Collier
County;
Agenda Item No, 1682
March 23, 2010
Page 2 of 237
2, The County reimbursing CDC for the value of the easement instead of a deed for the
Lely Canal and Avalon School Outfall, based on Integra Realty's appraisal report dated
July 26, 2007;
3, CDC dedicating and conveying an access easement to the County, at no cost, for the
purpose of constructing and maintaining the Lely Manor Canal Western Outfall and
Spreader Lake;
4, The County extending the duration of CDC's Sabal Bay Road Impact Fee Credits for a
period offive (5) years to October 22,2014,
On October 27, 2009 the Collier County Board of County Commissioners approved a third
amendment to the companion agreement (Item l6B4) allowing for real property conveyance for
the Lely Manor Canal Western Outfall and Spreader Lake to the County via easement rather than
fee simple deed, This amendment resulted in a cost savings of $33,000 to Collier County,
The summary below provides the details of the Sabal Bay/LASIP stormwater management land
area by component, size, valuation and cost. The valuation basis of all easements is detailed on
pages 7 through 10 of the Companion Agreement (Attachment 2), The third item in the
summary is an offset cost item (negative value) representing a change in land requirements as
determine during final LASIP permitting, The Lely Main Canal Outfall was required to change
from a "spreader waterway" (deduction) to a "spreader lake" (addition), The total recommended
payment to CDC is for land consisting of the eompleted Lely Main Canal and Spreader Lake
(2008) and the Lely Manor Canal Westem Outfall and Spreader Lake which will be completed
this year. Payment for the land necessary for the lower section of the Avalon School Outfall
will be made in the future when the affected portion of the Saba! Bay development and the
outfall are constructed, All Sabal Bay/CDC storm water management commitments are current
and in compliance with the agreements and agreement amendments,
Summarv of Stormwater Land Requirements from CDC oer Amended Al!reements
Size (Acres) Yaluep~r ....Total.cost
, , } , ...... Acre* (CCoavsCDC)
1. Lely Main Canal (no charge for existing canal) 21.2 N/A 0
2. Lely Main Canal (Valued as of No v, 9, 1986, page 3,1 Upland $18,000 ($55,800)
7 Attachment 2) Offset represents change from 15,5 Wetland $],]70 ($18,135)
"Spreader Waterway" to Spreader Lake
3 Lely Main Canal (Valued as of Oct. 23, 2002- 13,9 Upland $36,000 $500,400
page 7 Attachment 2 ) Represents the spreader lake
4. Lely Manor Canal (Valued as of No v, 9, 1986 - 2,52 Upland $18,000 $45,360
pages 9 & 10 Attachment 2)
5. Lely Manor Canal (Valued as ofGct. 23, 2002. 7,17 Upland $36,000 $258,120
pages 9 & 10 Attachment 2 ) Represents spreader lake +/.
6. Fern Street ReliefSys, (Valued as of No v, 9,1986 I Upland N/A 0
- page 9 Attachment 2)
Total Payment Covered by tbis ES $987,345
7. Avalon Scbool Outfall (Valued as of No v, 9, 1986 4,]4 Upland $18,000 $74,520
- page 9 Attachment 2) 8,05 Wetland $1,170 $9,418
Remaiuin!! Balance $83,938
Total $1,071,284
Agenda Item No, 1682
March 23, 2010
Page 3 of 237
FISCAL IMPACT: Funds in the amount of $987,345 are available in the Stormwater
Management CIP Fund (325) in the Lely Area Stormwater Improvement Project (Project No,
51101),
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient for Board action-SRT,
GROWTH MANAGEMENT IMPACT: The Lely Area Stormwater Improvement Project is
listed in the Capital Improvement Element and the Drainage Sub-element of the Growth
Management Plan,
RECOMMENDATION: Approve payment to CDC for purchase of drainage easements
necessary for construction of two segments of the Lely Area Stormwater Improvement Project
(Project No, 51101) in the amount of$987,345,
Prepared By: Gerald N, Kurtz, P,E" Road Maintenance Dcpartment / Stonnwater Management
Section
Attachments: (I) Original Developer Contribution Agreement; (2) Companion Agreement;
(3) First Amendment to the Companion Agreement; (4) First Amendment to the Contribution
Agreement and the Second Amendment to the Companion Agreement; (5) Third Amendment to
the Companion Agreement; (6) Lely Main Canal Easement; (7) Lely Manor Canal and Spreader
Lake Easement; (8) Location Map,
UpD~b
IlPB "2--
ler County
~
T ransoortation Services Division
Storm water Management Section
Inter Office Memo
Date: March 22, 2010
To: Scot Teach, Office of the County Attorney
Ann Jennejohn, Collier County Minutes and Records
From: Natali Betancur
Re: Board of County Commissioners March 23, 2010 Meeting, item 16B2
The attached Executive Summary for item 16B2 has been revised to include an updated table, A Line was
inadvertently omitted causing confusion on the basis of the total cost. The error was the omission of the
expansion of the Lely Main Canal (new item #2) which is in the Companion Agreement (Attachment #2, page
7), 14,3 acres upland valued at $18,000 per acre or $257,400 the difference that now makes the total cost
co rrect.
The remainder of the executive summary concurs with the updated table and did not require any
modifications,
Attachments: Executive Summary
CC: Norman Feder, Transportation Division Administrator
John Vliet, Road Maintenance Department Director
Jerry Kurtz, Stormwater Management Section Principal Project Manager
o
Transportation Sefvlces DIViSVJil . 2885 Sout~ Horseshoe Dnve . Naples, Florida 34104 . 239.252.8192 . FAX 239.252-2726
!CpB1.-
EXECUTIVE SUMMARY
Recommendation to approve payment to Collier Development Corporation for purchase of
drainage easements necessary for construction of two segments of the Lely Area
Stormwater Improvement Project (Project No. 51101) located within the Sabal Bay
Development in the amount of $987,345
OBJECTIVE: To approve payment to Collier Land Development, Inc, (CDC) for purchase of
drainage easements necessary for the Lely Area Stormwater Improvement Project per provisions
in the Contribution Agreement, Companion Agreement and the Amendments to the Companion
Agreement.
CONSIDERATIONS: Collier Land Development, Inc" and Collier Development
Corporation (collectively referred to as CDC) entered into a Contribution Agreement for Road
Impact Fee Credits with Collier County on October 22, 2002 (OR 3 I 38, PG 2366), Per the
agreement, the County and CDC stipulated that a companion agreement would follow which
would set forth the terms and reimbursement methodology for thc Lely Area Stormwater
Improvement Project (LASIP) as set forth in the Memorandum of Understanding, Exhibit "B-
6."
On October 14, 2003, the Collier County Board of County Commissioners approved a
companion agreement to the Developer Contribution Agreement (Item lOB) supplementing the
original agreement by providing for proportionate fair share land and construction costs
determination associated with completion of portions of LA SIP,
On March 27, 2007, the Collier County Board of County Commissioners approved the first
amendment to the companion agreement (Item lOG) providing for acceptance of:
1. CDC's Lely Main Canal improvement construction schedule waving the advanced year
March 31 notification date requirement;
2, The Sabal Bay development plans preservation of a natural, existing flow-way referred
to as the "Fern Street Relief System" eliminating the need to construct new surface water
management system adjacent Fern Street;
3, The real estate appraisal prepared by Integra Reality Resources submitted to County staff
by CDC on 1/19/07 was completed in conformance with the conditions spelled out in the
companion agreement and is the basis for the projcct's real property reimbursement
amount;
4, A calculation of proportionate share basis for reimburscment of the actual construction
cost of LASIP components located within Saba! Bay; and
5, A project construction budget for the LAS1P Lely Main Canal.
On April 22, 2008 the Collier County Board of County Commissioners approved the first
amendment to the contribution agreement for roadway impact fee credits and the second
amendment to the companion agreement (Item 16B 1 0) providing for acceptance of:
1, CDC granting Collier County an casement for the Lely Canal and Avalon School Outfall
in place of a fee simple deed, This resulted in a cost savings of $182,447 to Collier
County;
\ loB L--
2, The County reimbursing CDC for the value of the easement instead of a deed for the
Lely Canal and Avalon School Outfall, based on Integra Realty's appraisal report dated
July 26,2007;
3, CDC dedicating and conveying an access easement to the County, at no cost, for the
purpose of constructing and maintaining the Lely Manor Canal Western Outfall and
Spreader Lake;
4, The County extending the duration of CDC's Sabal Bay Road Impact Fee Credits for a
period of five (5) years to October 22,2014,
On October 27, 2009 the Collier County Board of County Commissioners approved a third
amendment to the companion agreement (Item l6B4) allowing for real property conveyance for
the Lely Manor Canal Western Outfall and Spreader Lake to the County via easement rather than
fee simple deed, This amendment resulted in a cost savings of $33,000 to Collier County,
The summary below provides the details of the Sabal Bay/LASIP stormwater management land
area by component, size, valuation and cost. The valuation basis of all easements is detailed on
pages 7 through 10 of the Companion Agreemcnt (Attachment 2), The third item in the
summary is an offset cost item (negative value) representing a change in land requirements as
determine during final LASIP permitting, The Lely Main Canal Outfall was required to change
from a "spreader waterway" (deduction) to a "spreader lake" (addition), The total recommended
payment to CDC is for land consisting of the completed Lely Main Canal and Spreader Lake
(2008) and the Lely Manor Canal Western Outfall and Spreader Lake which will be completed
this year. Payment for the land necessary for the lower section of the Avalon School Outfall
will be made in the future when the affected portion of the Sabal Bay development and the
outfall are constructed, All Sabal Bay/CDC stormwater management commitments are current
and in compliance with the agreements and agreement amendments,
Summary of Stormwater Land Requirements from CDC oer Amended Al!:reements
Canal/Outfall Size (Acres) Value per Total Cost
Acre * (CC pavs CDC\
1. Lely Main Canal (no charge for existing canal) 21.2 N/A 0
2. Lely Main Canal (Valued as of Nov, 9, 1986, page 14,3 Upland $18,000 $257,400
7 Attachment 2) Widening of canal
3. Lely Main Canal (Valued as of No v, 9, 1986, page 3,1 Upland $18,000 ($55,800)
7 Attachment 2) Offset represents change from IS,S Wetland $1,170 ($18,135)
"Spreader Waterway" to Spreader Lake
4 Lely Main Canal (Valued as of Oct. 23, 2002- 13,9 Upland $36,000 $500,400
page 7 Attachment 2 ) Represents the spreader lake
5. Lely Manor Canal (Valued as of No v, 9, 1986- 2,52 Upland $18,000 $45,360
DageS 9 & 10 Attachment 2)
6. Lely Manor Canal (Valued as of Oct. 23, 2002- 7,17 Upland $36,000 $258,120
DageS 9 & 10 Attachment 2 ) Represents soreader lake +/.
7. Fern Street Rellef Sys. (Valued as ofNoy, 9,1986 1 Upland N/A 0
- Dage 9 Attachment 2)
Total Payment Covered by this ES $987,345
8. Avalon School Outfall (Valued as ofNoy, 9,1986 4,14 Upland $18,000 $74,520
- page 9 Attachment 2) 8,05 Wetland $1,170 $9,418
RemainiDl! Balance $83,938
Total $1,071,283
\(pB2-
FISCAL IMPACT: Funds in the amount of $987,345 are available in the Stormwater
Management CIP Fund (325) in the Lely Area Stormwater Improvement Project (Project No,
51101),
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient for Board action-SRT,
GROWTH MANAGEMENT IMPACT: The Lely Area Stormwater Improvement Project is
listed in the Capital Improvement Element and the Drainage Sub.element of the Growth
Management Plan,
RECOMMENDATION: Approve payment to CDC for purchase of drainage easements
necessary for construction of two segments of the Lely Area Stormwater Improvement Project
(Project No, 51101) in the amount of$987,345,
Prepared By: Gerald N, Kurtz, P,E" Road Maintenance Department / Stormwater Management
Section
Attachments: (I) Original Developer Contribution Agreement; (2) Companion Agreement;
(3) First Amendment to the Companion Agreement; (4) First Amendment to the Contribution
Agreement and the Second Amendment to the Companion Agreement; (5) Third Amendment to
the Companion Agreement; (6) Lely Main Canal Easement; (7) Lely Manor Canal and Spreader
Lake Easement; (8) Location Map,
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16B2
March 23, 2010
Page 4 of 237
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1682
Recommendation to approve payment to Collier Development Corporation for purchase of
drainage easements necessary for construction of two segments of the Lely Area Stormwater
Improvement Project (Project No, 51101) located within the Sabal Bay Development in the
amount of $987,345,
3/23/2010 9:00:00 AM
Date
Approved By
Gerald Kurtz
Transportation Division
Project Manager, Principal
Transportation Road Maintenance
3/9/20102:24 PM
Date
Approved By
Scott R. Teach
County Attorney
Deputy County Attorney
County Attorney
3/10/20108:51 AM
Date
Approved By
Pat Lehnhard
Transportation Division
Executive Secretary
Transportation Administration
3/10/201010:39 AM
Date
Approved By
Caroline Sota
Transportation Division
ManagemenUBudget Analyst
Transportation Administration
3/10/2010 11 :37 AM
Date
Approved By
John Vliet
Transportation Division
Director ~ Road Maintenance
Transportation Road Maintenance
3110120103:34 PM
Date
Approved By
Lisa Taylor
Transportation Division
ManagementfBudget Analyst
Transportation Administration
3/10120104:23 PM
Norm E. Feder, AICP
Date
Approved By
Transportation Division
Administrator ~ Transportation
Transportation Administration
3111120108:08 AM
Approved By
OMS Coordinator
County Manager's Office
Date
Office of Management & Budget
3111/2010 4:1S PM
Date
Approved By
Susan Usher
Office of Management &
Budget
ManagemenUBudget Analyst. Senior
Office of Management & Budget
3/11/20107:49 PM
Approved By
Jeff Klatzkow
Agenda Item No, 16B2
March 23, 2010
Page 5 of 237
County Attorney
Date
3/12/20102:15 PM
Approved By
Date
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
3/13/2010 10:58 AM
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Agenda Item No 1682
March 23, 2010
Page 6 of 237
STANDARD FORM COLLIER COUNTY CONTRIBUTION AGREEMENT FOR
ROAD IMPACT FEE CREDITS
No,2002~TR-CoIlier Develooment Cornoration
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THIS CONTRIBUTION AGREEMENT is made and entered into this 2 2 ~ of
O!lDBEte., 2002, by and between COLLIER LAND DEVELOPMENT, INC" a Florida
corporation (hereinafter referred to as "Developer"), COLLIER DEVELOPMENT
CORPORATION, a Florida corporation (hereinafter referred to as "CDC"), which, along with
their successors and assigns, may be jointly referred to as "CDC/Developer by and through
Jeffrey M, Birr, Vice President, who has been duly authorized to execute this Contribution
Agreement for Road Impact fee Credits on behalf of CDC and Developer and TIlE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING
BODY OF COLLIER COUNTY, hereinafter referred to as "County."
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R E C IT A LS:
WHEREAS, Developer is desirous of entering into a contribution agreement with the
County which grants a credit for road impact fees, in exchange for the contribution of off-site
improvements and land donations to the County's transportation network and storm water
system; and
....,
-
WHEREAS, CDC and its successors and assigns own approximately 2,416 acres of real
property located in unincorporated Collier County, Florida, which is the site of CDC Planned
Unit Development (PUD), which is also known as CDC Development of Regional Impact
(DRI)/Development Order (DO), both of whi~h were approved by County on November 10,
J 986; and
WHEREAS, Developer either has legal control over, or is the record title owner of certain
lands described in the CDC DRI Development Order 86-2 and PUD Ordinance 86-77 in Exhibit
"AU (hereinafter referred to as "The Development") attached hereto and incorporated herein by
reference, which upon development in the near future will be subject to the imposition of road
impaCt fees; and
. WHEREAS, there are roadway, traffic management, and drainage improvements
(hereinafter referred to as the "Realignment Project") to align the Rattlesnake Hammock
Roadrrhomasson DrivefU,S. 41 intersections, including the extension of Rattlesnake Hammock
Road onto CDC's land south of the intersection of U,S, 41 and Thomasson Drive described
herein as Exhibit "A-2"; and
WHEREAS, there are drainage and storm water improvements pertaining to the Lely
Canal, the Lely-Manor Canal, the By-Pass Canal, that were initially agreed upon by CDC in the
CDC DRI Development Order 86-2 and PUD Ordinance 86-77 that need to be implemented by
CDC/Developer; and
WHEREAS, Developer owns approximately 72 acres of land south of Thomasson Drive
at its intersection with U,S, 41 on which the Project will be located, which 72 acres is located
within the approximately 83 acre site, [Exhibit "A-2"], that is the subject of a Preliminary
OR: 3138 PG: 2358
Development Agreement ("PDA") entered into by and between CDC and the State Department
of Community Affairs (hereinafter "DCA"), effective January 7, 2002, as amended and all of said
land is pUlt of the larger 2,416 acre deve'opment project [Exhibit "A-I"] owned by CDC, and its
successors and assigns, known as CDC DRlIPUD; .nd
WHEREAS, the Realignment ~roject will implement an element of the Collier County
2025 Long-Range Transportation Plan Update prepared by Wilson Miller by significantly
improving an intersection realignment specifically included in the 2025 Nee~s'-Assessment; and
WHEREAS, the Collier County Consolidated Impact Fee Ordinance provides for impact
fee credits for road right of way that has been identified in the Needs Plan; and
WHEREAS, County approved CDC DRIIPUD by adopting DRI Development Order 86-2
and POO Ordinance 86-77 on November 10, 1986, which {luthorized development of residential,
retail, office, recreational and other uses within CDC DRVPOO, including land located in the
southwest quadrant of the intersection of Thomasson Drive and U,S, 41 [see Exhibit "A.2"] and
thc aforementioned Lely Project for draInage and storm water improvements; and
WHEREAS, the CDC POO approval contained in Collier County Ordinance 86-77
require6 CDC/Developer to make certain dedications of land and non.exclusi ve easements to
County for road right-of-way and storm water improvements and on which portions of both the
Lely Project and the Realignment Project will be constructed by CDClDeveloper; and
WHEREAS, a Composite Exhibit "B': is attached to this Agreement consisting of the
following items: (l) a sketch depicting the Donated Land for the Realignment Project, including
land over which a non.exclusl ve drainage and maintenance easement is to be granted to County;
including the legal description of land for Phase 1 of Rattlesnake Hammock Road extension and
a legal description of land for Phase 2 of Rattlesnake Hammock Road extension; (2) a sketch and
a legal description of the land for Xeric Lane; (3) a sketch and a legal description of 0,8,4 acre
temporary non-exclusive drainage easement shown on the sketch of the Land donated for the
Realignment Project; and (4) a sketch and a legal description of 12,9,2 acre temporary non-
exclusive drainage easement shown on the sketch of the land dedicated for the Realignment
Project; (5) a sketch of the property to be dedicated to the County for the Lely Project (6) a
Memorandum of Understanding of the County's requirements for CDClDeveloper regarding the
Lely Project; and
WHEREAS, CDC/ Developer indicated it would be responsible for the design, permitting
and construction of certain roadway, drainage and storm water improvements previously
mentioned herein and as set forth Collier County Ordinance 86-77; and
WHEREAS, Collier County approved the CDC POO and DRVDO on November 10,
1986 and whereas CDClDeveloper is making dedications of land specified in Composite Exhibit
"B" as set forth in POO Ordinance 86.77 and DRVDO Ordinance 86-2 an-:l, CDC/Developer
acknowledges that pursuant to said POD and DRVDO approval CDClDeveloper was not to
receive Road Impact Fee Credits (hereinafter "RIFe") for the on-site value of donated land and
roadway construction costs described in Composite Exhibit "B" for the Realignment Project; but
OR: 3138 PG: 2359
was to be given a credit for certain portions of the storm water and drainage improvements in the
Lely Project in excess of its fair share; and
WHEREAS, CDC and the DCA entered into a Preliminary Development Agreement,
["PDA"] which became effective in 2002 and anticipated that CDC would file an ADA for the
revised CDC DRIIDO [Exhibit A-2] and
WHEREAS, CDC/Developer and County acknowledge and agree that the PDA required
CDC/Developer, by October 4, 2002 to prepare an Application for DeVelopment Approval
("ADA"), including a revised Project master plan for CDC DRI, which constituted a "substantial
deviation" to be reviewed by County pursuant to the procedures and requirements for DRIs
contained in Section 380,06, Florida Statutes, and said substantial deviation ADA would include
all proposed development within CDC PUD/DRI, including the approximately 83 acres of land
subject to the PDA effective January 7, 2002, as amended, on which the Project is located; and
WHEREAS, County and CDC/Developer acknowledge and agree that the required
substantial deviation ADA, and application to County for a revised PUD ma,tt:r plan and PUD
document for CDC PUD/DRI, would rc:quire CDC/Developer to submit a new transportation
analysis and report addressing the Project's traffic i'npacts on the roadway system, and;
WHEREAS, CDC/Developer acknowledges that pursuant to cOITespondcnce sent to the
Southwest Florida Regional Planning Council dated August 14,2002, CDC/Developer il1lends to
abandon the CDC DRI/DO issued in 1986 anfl pursue a new and rcvised PUD and the County, by
enteling into this Agreement does not waive any procedural or substantive requirements for the
issuance of a new or amended PUD or DR!; ana
WHEREAS, County is of the opinion that pursuant to the PDA, CDC/Developer was to
obtain approval from the Florida Department of Community Affairs (hereinafter "DCA") for
permission to delete the requirement from the PDA for an ADA by October 4, 2002 in order to
submit and prepare an application for a new and revised CDC PUD for County approval,
including a revised Project master plan, which will be reviewed by County pursuant to the
procedures and requirements for a PUD as contained in County's Land Devclopment Code and
said application for PUD will include all proposed development identified within the 1986 CDC
PUD, including the approximately 83 acres of land subject to the PDA, as amended, On which the
Project is located; and
WHEREAS, CDC/Developer has recently applied for an amendment to the 1986 PUD,
requesting a deletion of acreage donated to a party other than Collier County and said application
is pending; and
WHEREAS, County and CDC/Developer acknowledge and agree that the application to
County for a revised PUD master plan and PUD document of CDC PUD, will require
CDC/Developer to submit a new transportation analysis and report addressing the Project's
traffic impacts on the roadway system and also storm water improvements previously identified
in the Memorandum attached; and
3
OR: 3138 PG: 2360
WHEREAS, County and CDC/Developer further agree that the future CDC PUD issued
by County shall recognize prior contributions and dedications made by CDC/Developer; and
WHEREAS, the County and CDCIDeveloper agree and acknowledge that the
CDCIDeveloper's satisfactory completion of the Realignment Project, guaranteed by a bond,
including any or all portions thereof, shall entitle CDCIDeveloper or its assigns, to a sum equal to
the costs advanced by CDC/Developer and the cash reimbursements will be used to prepay
anticipated building permits in the itemized amounts for each eligible completed portion of
construction stated in Composite Exhibit "B"; and
WHEREAS, County and CDC/Developer shall enter into a Companion Agreement
setting forth the terms and reimbursement methodology for the Lely Project as set forth in the
Memorandum of Understanding attached hereto by the County in Composite Exhibit "B"; and
WHEREAS, the County finds the plan of dedication in fee for the Donated or Conveyed
Land described in Composite Exhibit "B" is in conformity with contemplated improvements and
additions to the transportation network as described in the Collier County Long.Range
Transportation Plan and to the storm water management plan of the County; and
WHEREAS, the parties to this Agreement acknowledge and agree that the failure of this
Agreement to address any term, condition, or restriction of any pertinent environmental permit
shall not relieve CDC, Developer, or their successors or assigns, of their obligations to meet the
terms, conditions, or restrictions of such env.ironmental permit, nor shall this Agreement in any
way affect the necessity of CDC, Developer, and their assigns, complying with any law,
ordinance, rule, or regulation governing permitting requirements, conditions, terms, or
restrictions related thereto; and
WHEREAS, the parties to this Agreement acknowledge and agree that the burdens and
beneflls of this Agreement shall be binding upon and shall inure to the successors in interest to
the parties to this Agreement: and
WHEREAS, the parties acknowledge that the valuation of elirible anticipated
construction to the County's Lely Proj~ct and the Realignment Project will be based upon
professional opinions of the total Projects' estimated probable costs certified by a professional
architect or engineer; and
WHEREAS, the parties acknowledge and agree that the off-site to on-site ratio for the
Realignment of Rattlesnake Hammock Road and its intersection with U.S, 41 are as set forth
within the professional engineer's estimate of probable costs, attached hereto in Exhibit "C"; and
WHEREAS, the parties acknowledge that the County has a new Consolidated Impact Fee
Ordinance, as amended, adopted by the Collier County Board of County Commissioners in 200 I
that repealed in its entirety any prior Impact Fee Ordinance and that this Developer Contribution
Agreement shall be construed pursuant to its terms; and
WHEREAS, Collier County is willing to reimburse CDC/Developer for Seventy-Five
Percent [75%] of the eost of construction of the Thommason Drive roadway portion of the
4
OR: 3138 PG: 2361
Realignment Project as a reimbursement for advanced construction costs outside of the Collier
County Five Year Capital Improvement Plan upon final completion of the Realign!l1ent Project;
and
WHEREAS, as of the date of execution of this agreement the earliest the County would
have advanced the design is the year 20 I 0 and the earliest the County would have advanced the
construction is the year 2012; and
WHEREAS, the parties acknowledge, in the case of contributions of construction or
installation of improvements, the value of the developer's proposed contribution shall be
adjusted upon completion of the construction to reflect the actual cost of construction or
installation of improvements contributed by developer, but in any event not to exceed twenty
(20%) per cent of the estimated probable costs; and
WHEREAS, the term "road impact construction hinds" refers to the land areas directly
affected by the road impact construction as defined in the Collier County Code of Ordinances
sections pertaining to road impact fees; and
WHEREAS, the Transportation Administrator, through approval of this agreement, has
recommended to the Board of County Commissioners that the proposed plan for donation and
contribution is in conformity with contemplated improvements and additions to the County's
transportation network and that it will be advantageous to the public for Developer to donate and
contribute certain land and off-site improvements as described herein and in Composite Exhibit
"B", and Exhibits "c" and "D" which are composed of, among other things, facilities that are
required to be made pursuant to a development"order or voluntarily made in connection with road
impact construction"
WHEREAS, the parties acknowledge that all construction cost estimates shall be based
upon, and all construction plans, specifications and conveyances shall be in conformity with the
construction standards and procedures of the County and shall be first approved by the County's
Transportation Division; and
WHEREAS, CDClDeveloper acknowledges and agrees that it has full capacity, power
and authority to cause the construction or installation of the subject contributions or shall post a
bond therefore and thereafter execute any and all documentation necessary to convey the
contribution or land donation to the County in conformance with the County's transportation
standards, procedures, ordinances and regulations; and
WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has
authorized the County Attorney to prepare this Contribution Agreement upon the Board finding
that:
a, The subject Proposed Plan is in conformity with the contemplated improvements and
additions to the County's transportation system; and
b, Such Proposed Plan, viewed in conjunction with other existing or proposed plans,
will not adversely impact the cash flow or liquidity of the County's road impact fee
trust account in such a way as to frustrate or interfere with other planned Or ongoing
OR: 3138 PG: 2362
growth necessitated capital improvements and additions to the County's transportation
system: and
c, The Proposed Plan is consistent with the public interest; and
d, The proposed time schedule for completion of the Proposed Plan is consistent with
although not included in, the most recently adopted five-year capital improvement
program for the County's transportation system; and
WHEREAS, the Board of County Commissioners finds that the contributions
contemplated by this Contribution Agreement are consistent with the County's existing
comprehensive plan; and
WHEREAS, this Contribution Agreement shall not be construed or characterized as a
development agreement under the Florida Local Government Development Agreement Act.
WIT N E SSE T H:
NOW, THEREFORE, in consid~ration of Ten Dollars ($10,00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
All of the above "Whereas" recitals ar~ true and correct and shall be incorporated hercln.
I, In exchange for the contributions of construction identified and contemplatcd in this
Contribution Agreement as set forth in Composite Exhibit "B," Developer shall be entitled to a
cash reimbursement as more particularly described herein,
2, The amount of cash reimbursement or impact fee credits from road impact fees shall be
detennined according to the following standards of valuation:
a, The County's position is that the value of any donated land pertaining to
the Lely Project shall be based upon a current appraisal of fair market value at the
time of the zoning change, [1986], prepared by a qualified and professional
appraiser acceptable to the County based upon comparable sales of similar
property between unrelated parties in a bargaining transaction, The Developers
position is that the valuation of the land should be based on the date of the
dedication to the County and is willing to concede Agricultural zoning,
b, In the case of contr:butions of construction or installation of improvements
in the Project, the value of Developer's proposed contribution shall be adjusted
upon completion of the construction to reflect the actual cost of construction or
installation of improvements experienced by Developer. However, in no event
shall any upward adjustment exceed fifteen percent (15%) of the initial estimate
of costs for contributions, The initial estimate of costs for contributions under this
Contlibution Agreement is detailed in Exhibit "C",
(,
OR: 3138 PG: 2363
c, A narrative description of the contributions which are the subject of this
Agreement together with initial professional opinions of probable, construction
costs for the proposed construction and a time schedule for completion of the
Realignment Project, prepared by a professional architect or engineer, are attached
hereto as composite and Exhibit "C," which is incorporated herein by reference.
3, Upon execution of this Contribution Agreement, additional work requested by the County
beyond that contemplated in the description of and estimate of costs for contributions under this
Conuibution Agreement shall be paid for by the County and shall not be considered or included
in the value of any Developer's contribution unless agreed to by the County.
4, The advanced cash payment or acceptable performance bond or guarantee by Developer
for Construction contributions to the Realignment Project identified herem as described in
Composite Exhibit "B" shall entitle 2DC/Developer to a Certificate of Adequate Public
Facilities for Roads for up to 1766 residential units withIn the area described in Exhibit A-I.
This Certificate of Adequate Public Facilities for Roads shall not constitute permission by the
County to proceed to immediate development of any area beyond the area described in the PDA,
[Attached hereto as Exhibit A.2j,
5, Road Impact Fee Credits shall be gi ven for the off-site portion of the land dedication in
the Realignment Project reduced by the entire amount of road impact fees due on the first
building permit issued thereon and each successive building permit until the CDC Development
is either completed or impact fee credits are exhausted or otherwise no longer available, It shall
be CDC/Developer's obligation to notify the County that a credit is available, each time a
building permit is applied for in the CDC Development. If a credit is available, it shall be
deducted from the available balance, All credits shall be freely assignable throughout the Collier
County road impact fee construction lands and as set forth in the area described in Exhibit "A-I".
6, No road impact fee credits for the construction portion of the contribution shall become
available until the completion of the roadways identified herein and after completion, the right of
ways thereto have been conveyed to Collier County by warranty deed in fee simple title free of
all liens and encumbrances,
7. If more than one developer or parcel is to benefit from the impact fee credits or cash
reimbursement under this Agreement, the owner thereof shall assign and describe the proportion
or dollar amount of the total credits available to each parcel. This shall also be reflected in the
appropriate Ledgers, In such circumstance, the credits and cash available to each parcel shall be
reduced by the entire amount of the road impact fees due on the first building permit issued on
each respective parcel and each successive building permit issued thereon until each respective
parcel is completely developed or the respective credit or cash amounts available are
exhausted for each parcel or otherwise no longer available, As well, and in all other respects
relative to determining available credit or cash under this Agreement, each parcel shall be treated
in a manner proportionate to the total credits or cash available to it as indicated in Composite
Exhibit "B" and on the appropriate Ledger,
8, The impact fee credits and cash reimbursement available under this Developer
Contribution Agreement may be used to evidence payment of road impact fees, provided such
OR: 3138 PG: 2364
use will not cause an undue or unreasonable burden upon the resources of the road impact fee
area[s] subject to the credits,
9, CDC/Developer's share of the estimated costs of construction, as certified by a
Professional Engineer, of the roadway portions subject to this agreement are attached hereto as
Exhibit "C" and are as follows:
a, Thommason Drive: Seventy.Five Percent [75%] of Two Million, Four
Thousand, Eight Hundred Eighty-One Dullars [$2,004,881.00] or One Million, Five
Hundred Three Thousand, Six Hundred Sixty Dollars and Seventy-Five Cents
[$1,503,660,75]; and
b, Xeric Lane: Fifty Percent [50%] of Two Hundred Twenty-Nine Thousand,
Six Hundred Thirty-Eight Dollars [$229,638,OO],?r One Hundred Fourteen Thousand,
Eight Hundred Nineteen Dollars [$114,819,00]; and
c, Retention/Outfall: Seventy-Two and One Half Percent [72,50/0] One
Hundred Seventy One Thousand Thirty One Dollars [171 ,03 l.00] or One Hundred
Twenty Three Thousand, Nine Hundred Ninety Seven Dollars [123,997,00]; and
d, FDOT - US 41 Improvements: at Seventy Five Percent [75%J of Three
Hundred Seventy.Nine Thousand, Five Hundred Twelve Dollars [$379,512,OOJ or Two
Hundred Eighty.Four Thousand, Six Hundred Thirty.Four Dollars [$284,634.00J; and
e, EngineeringJSurvevingand Permitting: Seventy Two and One Half
Percent [72,5%] of Two Hundred Seventy Thousand Dollars [$270,000,00] or One
Hundred Ninety Five Thousand, Seven Hundred Fifty Dollars [$195,750,aO],
Total of Estimated Construction Costs of Realignment Proiect: Three Million, Fifty-Five
Thousand, and Sixty.Two Dollars [3,055,062,00],
CDC's share of Total Estimated Costs: Two Million, Two Hundred Twenty Two
Thousand, Eight Hundred Sixty One Dollars [$2,222,86l.00], based upon the above.
referenced percentages,
10, CDC/Developer will possess vested rights to develop 1766 residential units in the area of
Exhibit "A.I" upon the prepayment of Road Impact Fees for 1766 residential units calculated at
the current rate, In exchange for the donation of right of way, the advanced construction of the
Project, a cash payment and the posting of a cash bond, construction bond or other guaranty
acceptable to the County for the construction of the Realignment Project, the County will issue a
Certificate of Adequate Public Facilities for Roads, The County has calculated the total amount
of the cost of Road Impact Fees for building permits for the 1766 residential units as delineated
by CDC/Developer as follows:
a, 589 Single-Family Units @ $2,433,00 per unit for a total fee of $1,433,037,00;
b. 589 Multi-Family Units @ $1.800,00 per unit for a total fee of $1 ,060,200,00;
OR: 3138 PG: 2365
c, 588 Condo-Townhouse Units @ $1,512,00 per unit for a total fce of $889,056,00,
These figures amount to the costs of a total of 1766 Residential Units, as delineated
above, for a total prepayment of Road Impact ?ees in the amount of $3,382,293,00 for a
Certificate of Adequate Public Facilities for Roads, The completion of the Project shall be
deemed a partial prepayment of road ir'flpact fees and the developer shall be vested in these units
for a minimum of five (5) years, If the total Road Impact Fees needed for the 1766 Residential
Units of the development exceed the cost of the Project, CDClDeveloper sh~1l be responsible for
paying the difference in costs for fees in effect at the time the permits are applied for or issued.
11, The calculation of the amounts set forth in Paragraph Ten [1 OJ above, utilized an
estimated mix of unit types and sizes for the total of 1766 Residential Units and is binding upon
the County for construction pursuant to Section 3,15.7.3 of the Collier County Land
Development Code, as amended, under a Certificate of Adequate Public Facility, These
provisions are not binding on CDC/Developer for the actual type of residential units ultimately
constructed, The provisions of this Paragraph and Paragraph Ten [lOJ above are subject to any
amendment, [approved subsequently to this DCA], by the County, of the CDC PUD,
12, Developer agrees and acknowledges that it shall not proceed to install and construct any
portion of the subject contribution, nor shall this Developer Contribution Agreement be effective
unless Developer's legal counsel shall satisfactorily advise the County Attorney in writing prior
to the time of the recording of this Developer Contribution Agreement as re:;~lired herein, that
Developer has all funds necessary to co nplete the contribution available and under its control
and has secured an appropriate performance bOJld fe r the amount of the contribution,
13, CDClDeveloper shall have the ability to transfer impact fee credits issued pursuant to this
agreement from one development to another development owned by the developer within the
same road impact fee district area for the same type of public facility impact fee, No such
assignment or transfer of impact fee credits shall be allowed until the original development, as
defined herein, has been completed,
14, Upon CDClDeveloper's completion of construction of the contribution of roadway
improvements identified above' and the acceptance of these improvements by the County,
CDClDeveloper'sestimated share of costs of construction totals: [See Paragraph Nille {9J.
supraJ Two Million, Two Hundred Twenty Two Thousand, Eight Hundred Sixty One Dollars
[$2,222,861.00], The payment of the CDC/Developer portion of the costs of construction shall
constitute a partial prepayment of Road Impact Fees for purposes of vesting 1766 Residential
Units to be constructed in the 1986 POO area of development located in Collier County as
described in Exhibit "A-I", The additional cost of prepayment of road impact fees shall be made
in cash upon the execution of this DCA.
15, Upon approval by the Collier County Board of County Commissioners of this Developer
Contribution Agreement, CDC/Developer shall pay, in cash, the difference between the estimated
cost of construction of the roadways ideniified hereil'l and the current cost of building permits for
1766 residential units or One Million One Hundred Fifty Nine Thousand Four Hundred Thirty
Two Dollars [$1,159,432,00], This sum shall be paid immediately, but in any event, no later
than October 30, 2002, Both parties agree that the cash payment herein described shall be
9
OR: 3138 PG: 2366
immediately placed into the appropriate Impact Fee Trust Account and that the Impact Fee
Escrow Account shall not be utilized in this transaction,
16, CDCfDeveloper shall be permitted to utilize the cash payment in the trust fund for
building permits, payable at the rate in effect at the time of the issuance of the permits. Until this
sum has been exhausted, The availabl~ funds shall be evidenced by a Ledger attached hereto as
Exhibit" D",
17, CDCfDeveloper agrees that CDCfDeveloper shall endeavor to complete the construction
of the roadways identified herein by the end of December 2003, and in any event, the
construction shall be completed no later than May 2004, No Certificates of Occupancy outside
of the PDA area shall be issued until the construction of the roadways are, in the opinion of the
County, complete, accepted by the County and Open to the public, The parties agree that
CDCfDeveloper will construct the Development in phases 10 be determined by the amended
POO, If the phases are acceptable to the Transportation Administrator County for the purpose of
extending the Certificate of Adequate PublIc Facilities for roads [COAl, the Transportation
Administrator will not oppose the Collier County Board of County Commissiollcrs' extension of
the COA. The agreement to an extensior. shall not be unreasonably wIthheld,
18, CDCfDeveloper shall. within 270 days from the effective date of this agreement, enter
into a companion agreement with the County to ensure equitable payment or credit to
CDCfDeveloper so that CDCfDeveloper pays for its fair share of the costs of the storm water and
drainage improvements to the Lely Projec( area improvements, The 270 day period may be
extended in writing by the County at its discretion,
19, An annual review and audit of performance under this Contribution Agreement shall be
performed by the County to determine whether or not there has been demonstrated good faith
compliance with the terms of this Contribution Agreement and to report the credit applied toward
payment of road impact fees and the balance of available unused credit. If the Collier County
Board of Commissioners finds. on the basis of substantial competent evidence, that there has
been a failure to comply with the terms of this Contribution Agreement, the Agreement may be
revoked or unilaterally modified by the County,
20, The duration or availability of impact fee credits or cash pursuant to this Contribution
Agreement, shall not be for a period in excess of five (5) years from the date the County
acknowledges completion of the approved contribution or from the actual date of dedication, but
in no event shall the duration exceed seven [7] years, exclusive of any controlling moratoria,
from the date of recording in the official records,
21. In the event the amount of Developer's land dedicated to the County in the Lely Project
exceeds the total amount of impact fees imposed or used on the subject Collier County portion of
the Development, CDCfDeveloper shall be entitled to the return of the excess or remaining
balance of such contribution credit, provided funds are available and collected from future
receipts by the County from road impact fees collected pursuant to the then current Impact Fee
Ordinance,
10
OR: 3138 PG: 2367
22, Developer shall keep or provide for retention of adequate records and supporting
documentation that impact fee cash payments concern or reflect total Project cost of construction
or installation of any improvements to be contributed. This information shall be available to the
County or its duly authorized agent or representative, for audit, inspection, or copying, for a
minimum of five (5) years from the termination of this Contribution Agreement.
23, The failure of this Contribution Agreement to address any permit, condition, term, or
restriction shall not relieve either the Developer or its successors, of the necessity of complying
with any law, ordinance, rule or regulation governing said permitting, requirements, conditions,
or terms of restrictions, This Contribution Agreement shall be modified or revoked as is
nccessary to comply with all relevant State or Federal laws enacted after the execution or this
Contribution Agreement which are applicable to and preclude the parties compliance with the
terms of the Contribution Agreement.
~
24, CDCIDeveloper shall convey to the County, via recorded warranty deed free and clear of
all liens and encumbrances, the dedicated land legally described in Composite Exhibit "B",
except Lely Project Land, within thirty (30) days of the completion of the Realignment Project.
25, CDC/Developer shall expeditiously carry out the Rattlesnake Hammock Realignment
Project and the Lely Project. CDC/Developer shall complete the construction and all
improvemcnts in the Lely Project pursuant to the Companion Agreement referenced herein,
26, The parties shall agree to a completion schedule for the Lely Project and Developer shall
notify the County of any changes in the completion schedule and the reasons for any delay in
meeting the date specified for completion of construction of the Lely Project as set forth in the
Companion Agreement referenced herein.
27, Upon County's approval of the plat of CDCIDeveloper's land for the Realignment Project
described in Composite Exhibit "B", CDC shall record the plat in the public records of Collier
County, Florida, and will assume the costs associated with such recording,
28, Two County Road Impact Fee Credit Ledgers are attached to this Agreement as Exhibit
"D" and Exhibit "E", County shall record this <\greement in the public records of Collier
County, Florida, within fourteen (14) days of its execution by the Chairman of the Board of
County Commissioners, and shall provic.!e CDC/Developer with a certified copy of this
Agreement, including all exhibits attached hereto such that CDC/Developer's certified copies of
Exhibit "D" and Exhibit "E", attached to this Agreement, shall serve as the Ledgers to document
CDC/Developer's balance of Road Impact Fee Credits or cash,
29. County agrees that upon CDCIDeveloper's completion of the Realignment Project in
accordance with this Agreement, CDCIDeveloper shall be granted impact fee credits for the costs
of construction and cash advance payment and be deemed to have complied with and satisfied
County's transportation concurrency management system and transportation impact mitigation
requirements for the construction of 1766 residential dwelling units based upon a calculation
equal to the amount of the applicable impact fees that would be deemed paid based upon the
impact fee schedule in effect at the time of the execution of this Agreement and the value allotted
to the off-site portion of the land dedication in the Realignment Project.
11
OR: 3138 PG: 23&0
30, In the event that County's road impact fees are increased after this Agreement becomes
effective, or if CDCfDeveloper's RIFC granted pursuant to this Agreement are not sufficient to
offset the amount of road impact fees payable by CDCfDeveloper to County for CDC PUD
Development, CDC shall pay any additional road impact fee amounts that remain due or payable
under the Consolidated Impact Fee 9rdinance, as it may be amended, for the CDC POD
Development.
~
31. CDCfDeveloper will convey to the County, in fee, any land owned by CDCf Developer
required for drainage/retention improvements required the Realignment Project and the Lely
Project based on County approved locations selected by CDCf Developer and CDCf Developer
shall convey such lands in fee to County on the final plat of CDCfDeveloper's land containing
the Projects unless the County requests conveyance by warranty deed,
32. Except as otherwise provided herein, this Contribution Agreement shall only be modified
or amended by the mutual written consent of the parties hereto or by their successors in interest.
33, The burdens of this Contribution Agreement shall be binding upon, and the benefits of
the Contribution Agreement shall inure to, all successors in interest to the parties to this
Contribution Agreement.
34, Any party to this Agreement shall have the ability to file an action for injunctive relief in
the Circuit Court of Collier County to enforce the terms of this Developer Contribution
Agreement, said remedy being cumulative within any and all other remedies available to the
parties for enforcement of this agreement.
35, CDCfDeveloper certifies, by virtue of entering into this agreement, that all donations and
contributions are consistent with the Collier County Comprehensive Plan,
36, CDCfDeveloper certifies, by virtue of entering into this agreement, that CDC/Developer
are the sole owners of the road impact construction lands, An attorney's opinion of title and a
statement of CDCfDeveloper's authority to enter into this agreement are provided by Developer
and are attached hereto as Composite Exhibit "F."
37, The parties acknowledge that the land conveyance made pursuant to this agreement is an
integral part of and a necessary accommodation to the Collier County transportation network,
38, The Developer certifies, by virtue of entering into this agreement, that the off.site
improvements contributed, if any, are an integral part of and a necessary accommodation to the
County's transportation network,
39. The off-site improvements, if any, exclude access improvements except for the street
lighting at the intersection of U,S, 41 and Thommason Drive,
40, The Transportation Administrator has determined that the proposed road impact fee credit
plan is consistent with the public interest.
12
OR: 3138 PG: 2369
41. CDC/Developer has provided an attorney's opinion identifying any lienholders having a
lien or encumbrance on the donated land or other contribution or provided a certificate of no
liens, Said opinion is attached hereto as Exhibit" F." ,
42. CDC/Developer has provided, in Exhibit "F", an attorney's opinion setting forth the legal
authority and validity of any business e~tity utilized in the execution of this agreement, including
an affidavit listing the names and addresses of all partners, if a partnership, and stating that the
entity is in full force and effect.
43, The parties acknowledge that the donations and contributions are characterized as work
done and property rights acquired by a highway or road agency for the improvement of a road
within the boundaries of a public right of way,
44, The failure of the Contribution Agreement to address any pertinent condition, term or
restriction of any regulatory permit shall not relieve either the applicant or owner, or their
successors of the necessity of complying with any law, ordinance, rule or regulation governing
any permit requirements, conditions, terms or restrictions,
45, This Agreement shall be modified or revoked as is necessary to comply with relevant
state or federal laws, in the event state or federal laws are enacted after the execution of the
agreement which are applicable to and preclude the parties' compliance with the terms of the
Contribution Agreement.
46, Any future reimbursement for excess impact fee credits shall come from future receipts
by the County of road impact fees, However, no reimbursement shall be paid until such time as
all devclopment, as defined by the Transpol1ation Administrator, at the location that was subject
to the credit has been completed, Such reimbursement shall be made over a period of five (5)
years from the completion of the development.
47, The road impact fee credits granted for the Project shall only be for donations or
contributions made to the transportation network to accommodate growth and which were made
within the respective road impact fee district where the i'oad impact construction is locatcd,
48, This Contribution Agreement shall not be construed as a "development agreement" under
the Florida Local Government Development Agreement Act.
49, The performance and execution of this Contribution Agreement shall be carried out in
conformance with the Risk Management Guidelines established by the County's Risk
Management Department as more particularly described in Exhibit "G" attached hereto and
incorporated herein by reference or level one [I] Environmental Audit by certified environmental
engineer.
50. This Contribution Agreement shall be recon1ed by the County in the Official Records of
Collier County, Florida within fourteen (14) days after the County, by its duly authorized
Chairman, executes this Agreement. A copy of the recorded document will be provided to
Developer.
t3
OR: 3138 PG: 2370
EXHIBITS TO BE ATTACHED TO AGREEMENT
Exhibit "A" .. Composite Exhibit "A"
I) Description of CC,C Development in its entirety
2) Description of Realignment Project as Des<;:n~bed
in April 24,2002 PDA
Exhibit "B" .. Composite Exhibit "B"
I) Sketch of donated land for Project in area of PDA
2) Legal description and sketch of Xeric Lane,
3) Legal description and sketch for temporary 0,84 acre, temporary
easement for drainage in area of PDA,
4) Legal description and sketch of 12,92 drainage area in the PDA
3) Conceptual sketch of dedicated land to be included in Lely Project.
6) Memorandum of County regarding drainage requirements for Lely
Project.
Exhibit "c" -. Engineer's Estlmate of Probable Costs
ExhibIt "D" . - Ledger for Road Impact Credits for Cash
Exhibit "E" .. Ledger for Construction Contribution
Exhibit "F'
Attorney's Opinion of Title and Authority of Signatory to Developer
Contribution Agreement.
Exhibit "G" . . Risk Management Guidelines or level one [I] Environmental
Audit by certified environmental engineer.
AS TO COUNTY:
l-l
AS TO c.O~'t~:\\'\\1
;.._"-:.~:,.'-..~~::;'>'~' 111:1
Attist~ :::> ::: :~.;"""'O '~J
Ditetl': ,1.(J cC(tP2"'f ; ~
DWIQHTE. :hR0CY... CIbrk~
" .: . ......1 ,,' - i . .-; ,
Attest a's~!Cb~1~"s.!
. stgaiture otlll'~~'"'/#:..'..~ J ;~.
, '.(:';;'y.a::.".'fo.' ~,::f,f;.[-:r...
BY:~,';~IJ.I'Q.. ,
1."".,,-
AS TO COllIER LAND DEVELOPMENT:
WITNESSES:
Print Name: (j 1M V ~~..f (?.-
~r~
Signatur& / / -If-
Print Name: ifM~tt... ~
/!/17fi(2Y.J/ h. /V;::lL
Signature
STATE OF FLORIDA
COUNTY OF COLLIER
OR: 3138 PG: 2371
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FLORIDA, A
POLITICAL SUBDIVISION OF THE
ST ATE OF FLORIDA
By di:i~
JA S N. COLETTA, Chairman
~=- ....~
By: .=---_
JEFFREY M. BjRR, ice President
(
--"The foregOin~instrument was acknowledged before me thisLday ofOc,j1J64:2002,
by ::;frF':;/U;v f/{, /f(f'(, on behalf of (0/...'-1(,;12. LA^/O DE:vE.LoI"Mt:N,-~(n)
Corporation/Company, On behalf of the corporation and limited
liability company, He/SAe i~ [ ] pgrsoFlaIly kRO'''rl tG me, or [...mas produced driver's license no,
r.<"" D" _-;T;""", ;dffi"fic&"o. ~ 11. ~ '/,11
NOTARY LIC ~
Name: ~-((-I(<'-,('Af /1. ,1kL.L
(Type or Print)
(SEAL)
Approved as to form and legal sufficiency:
_,.l. LL~-
My Commission Expires:
cYt>>-"t PtfQ~ OO=~~::k.~
.. ~ COMl.!lSSlOtlNU~..!JC.R
~;~ ; Ml'COM~~=~XP:lES
OF ,,-0 SEPT zg ~
15
OR: 3138 PG: 2372
EXHIBIT "A-I"
Description of
CDC Development
in its Entirety
WilsonMiller"
~
Nsw Directions In Planning, Design & Engineering
OR: 3138 PG: 2373
EXHIBIT A
PAGE I of 5
Description of all of Section 25 and part of Sections 23, 24, 26, and 36,
Township 50 South, Range 25 Eas~
and part of Section 19,
Township 50 South, Range 26 Eas~
Collier County, Florida
All of Section 25 and part of Sections 23, 24, 26, and 36, Township 5.0 South, Range 25 East, and part of
Section 19, Township 50 South, Range 26 East, Collier County, Florida being more particularly described as
follows: '
Section 19, Township 5.0 South, Range 26 Eas~ Collier County,. Rorlda, lying south and west of State Road
9.0 (U,S. Highway 41 - Tamiami Trail):
LESS those lands described in O.R. Book 26.05 page 2481:
Lands described in O,R. Book 2605, paoe 2481, stioulated order of takino:
That portion of the south 1/2 of Section 19, Township 50 South, Range 26 East, Collier County,
Florida.
Being described as follows:
Commence at the southwest comer of said Section 19, North 88"19'24" east, 1315,118 meters
(4,314,68 feet) to the survey baseline of State Road 9.0 (U,S. 41); thence alon<l said survey
baseline, North 39".01'59" West, 19,173 meters (62,9.0 feel); thence South 88"19'24" West,
19,173 meters (62.9.0 feet); thenc,", South 88"19'24" West 57,518 meters (188,71 feet) to the
westeriy existing right of way line of saip Stale Road 9.0 (per Section .03.010-2216) for a POINT
OF BEGINNING; thence continue South 88"19'24" West, 152.4.0.0 meters (50.0,.00 feet); thence
North .01"40'36" West, 50,72.0 meters (166.4.0 feet); thence North 88"19'24" East, 113,683 meters
(372,97 feet) to said westerly existing right of way line; thence along said westeriy existing right of
way line, South 39".01'59" Eas~ 63,8.09 meters (2.09,35 feet) to the POINT OF BEGINNING,
Containing 6747,8 square meters (1.667 acres).
Bearings are based on the south right-of-way line of US 41 being South 39".01 '59" East
Beino Better Described as follows:
All that part of Section 19, Township 50 South, Range 26 East, Collier County Florida;
Being DeScribed as;
Commencing at the southeast comer of said Section 19;
thence along the south line of said Section 19, South 88"1.0'01" West 657,39 feet to the survey
baseline of State Road 9.0 (U,S, 41);
thence continuing along the south line of said Section 19, South 8801.0'.01" West 188.42 feet to the
westerly right of way line of said State Road 90 (U.S. 41);
thence along said right of way line North 39004'27" West 62,81 feet to the Point of Beginning of
the Parcel herein described, said point being the north line of a drainage easement as recorded in
OR. Book 2605, page 2482;
thence along said line South 88010'01" West 5.0.0.0.0 feet;
thence leaving said line North 01"49'59" West 166.40 feet to a point on a line lying 166.40 north
of and parallel with the north line of a drainage easement as recorded in O.R. BOOk 2605, page
2482;
thence along said line North 8801.0'.01" East 373.51 feet to the westerly right ot way line of said
Slate Road 9.0 (U.S. 41);
thence along said right of way line South 39004';:7" East 209,02 feet to the POINT OF
,BEGINNING of the parcel herein described.
Containing 1,67 acres,
Naples
Fort Myers SarasDta Tampa Tallahassee Panama City Beach
3200 Bailey Lane, SuiM 200 Naples, Florida 34105 941-649-4040 ~ 941-643-5716 (jJ
WW1V. wilsonmiller. com
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New Direttions In Planning, Design & Engineering
OR: 3138 PG: 2374
EXIII flIT A
PAGE 2 of 5
SUBJECT TO a drainage canal easemeni (Walker Canal 120 feet wide) - extending from the southwesterly
right way - of - way of State Road 90 (U.S. Highway 41 Tamiami Trail) to the west line of said Section 19,
as recorded in O.R. Book 157, page 269 of said public records;
ALSO SUBJECT TO a Florida Power & Light Company transmission line easement (110 feet wide)
extending from said southwesterly ri9ht way - of - of State Road 90 to the south line of said Section 19 as
recorded in OR Book 194, page 601 of s~id public records;
ALSO SUBJECT TO a drainage easement (50 feet wide) lying over and across a portion of the south 50
feet of said Section 19 as recorded in O,R. Book 532, page 120 of said PuMc Records;
AND ALSO SUBJECT TO any easements, restrictions, reservations or rights - of _ way of record.
Containing 247.09 acres more or less,
AND
Section 24, Township 50 South, Range 25 Eas~ Collier County, Florida, lying south of State Road No, S-864
(Thomasson Drive) and lying south and west of State Road 90 (V,S. Highway 41 Tamiami _ Trail);
EXCEPTING THEREFROM the north 1891,01 feet of the west 1290,01 feet of said Section 24;
SUBJECT TO a Florida Power & Light Company easement as recorded in O.R. Book 857, page 1037 of the
Public Records of Collier County, Florida:
ALSO SUBJECT TO a right of way easement for public road as recorded in O,R. Book 1345, page 908 of
said public record
ALSO SUBJECT TO a utility easement as recorded in O,R. Book 1346, page 1693 of said public records;
AND ALSO SUBJECT TO any easements, restrictions, reservations or rights way of record;
Containing 599,72 acres more or less,
AND
Section 25, Township 50 South, Range 25 Eas~ Collier County, Florida;
SUBJECT TO any easements, restrictions, reservations or rights - of - way of record;
Containing 657.07 acres more or less.
AND
The Soothwest One Quarter of Section 23, Township 50 South, Range 25 Eas~ Collier County, Florida,
EXCEPTING THEREFROM the waters of Tide Creek:
ALSO EXCEPTING THEREFROM the following described parcel;
Beginning at the west 1/4 comer of said Section 23;
thence along the east-west 1/4 section line of said Section 23 North 89'29'20' East 1384,95 feet;
thence South 00'32'30' East 200,00 feet:
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New DlrecUons In Planning, Design & EngIneering
OR: 3138 PG: 2375
EXHIBIT A
PAGE 3 of 5
thence South 89"29'20" West 916.48 feet;
thence South 00"06'08" East 453,00 feet;
thence South 89"29'20" West 470,01 f~et to the west line of said S~on 23;
thence along said line North 00"06'06" West 653,00 feet to the Point of Beginning of the parcel herein
described.
Containing 150.39 acres more or less.
AND
A tract or parcel of land lying In Section 23, Township '50 South, Range 25 east, Collier County, Florida, being
more particularly described as follows;
Commencing at the west 1/4 comer of said Section 23;
thence along the east-west 1/4 section line of said Section 23 North 89"29'20" East 1384.95 feet to the Point of
Beginning of the parcel herein described;
thence North 00"32'30" West 367.45 feet;
thence North 69"24'46" East 300,00 feet;
thence South 00"32'35" East 60,00 feet;
thence North 69"24'46" East 980.26 feet to the north-south 1/4 section fine of said Section 23;
thence South 00"42'05" East 309,14 feet to the center of section of said Section 23;
thence along the east-west 1/4 section line of said Section 23 South 69"29'20' West 1261,12 feet to the Point
of Beginning of the tract or parcel herein described.
Parcel Contains 9.48 aCres more or less,
SUBJECT TO any easements, reslrictions, reservations or rights _ of _ way of record;
AND
Lots 70, 71 and 91, Naples Groves and Truck Co's Uttle Farms No.2 as recorded in Plat Book 1. page 27,
Public Records of Collier County, Rorida;
Parcel contains 30.68 acres more or less.
SUBJECT TO any easements, restrictions, and rights-<>f-way of record.
AND
A tract or parcel of land lying In Section 26, Township f5 ) South, Range 25 East, Collier County, Ronda,
more particularly described as follows:
The west 1/2 of said section 26;
AND
The southeast 1/4 of said Section 26:
AND
The southwest 1/4 of the northeast 1/4 of said Section 26;
ANO
The southwest 1/4 of the southeast 1/4 of the northeast 1/4 of said Section 26;
SUBJECT TO AND TOGETHER with an egress easement, ingress _ 60 feet wide, lying 30 feet on each side
of the west line of the aforesaid fraction of a section as recorded In O. R Book 283, page 359, Public
Records of Collier County, Florida;
Parcel contains 550.88 acres more or less.
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WilsanMiller
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New Directions In Pl4nnlno, Design & Engineedng
OR: 3138 PG: 2376
EXHI BIT A
PAGE 4 of 5
Subject to any easements, restric1ions or rights-{)f-way of record.
AND
A tract or parcel of land lying in Section 36, Township 50 SouUl, Range 25 East, _Collier County, ROOda,
more particularly described as follows: ,
Beginning at the northeast comer of said Section 36;
thence South 00'18'30' West along the e;;.stline of said Section 36 for 1518.00 feet;
thence North 87'28'25" West 5329.09 feet to a point on the west line of said Section 36;
thence along the west line of said Section 36 North 00~19'40' East 1254.00 feet to the north line of said
Section 36;
thence along the north line of said Section 36 North 89'41'10' East 2665.95 feet to the north quarter comer of
said Section 36; , .,
thence continuing along said north line North 89'41'16' East 2659,04 feet to the Point of Beginning.
SUBJECT TO any easements, restric1ions, reservations or rights - of _ way of record.
Containing 169.43 acres more or less.
Bearings are Base<:! on the Southwest Right-{)f-way of US 41, being South 39'04'27" East (per State
Plane Coordinate System, Rorida East Zone, NAD 83 Adjustment)
Total Parcel contains 2414.74 acres more or Jess.
WilsonMiller, Inc.
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Michael H. Maxwell, PS #4650
Not valid unless embossed with the Professional's seal.
Ref.4d-112
PIN: N0229-OO1-Q10
Da~:~ber10,2001
Revised: October 10, 2002
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EXHIBIT "A-2" ,
Description of
Realignlllent Project
as Described in
04/24/2002 PD A
MRY-30-2002 16:35
SWFRPC
F;XHIBIT "A-2"
--
P,02/18
OR: 3138 PG: 2380
STATE OF FLOR IDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEllIlUSH STEVeN M, SEIBERT
Govemor Secrec.ry
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Mr-, C, Laurence Keesey
yOung, VanAssenderp, eta!
Post Office Box 7907
Naples, F10rida 34101-7907
May 17, 2~i('
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Re: Collier Development Corporation; File Number AGM-902-002A
Dear Mr-, Keesey:
Enclosed is a copy of the executed agreement for Collier Development Corporation,
Please re..ord this agreement or a notice of preliminary development agreement with the clerk of
the circuit court pursuant to subparagraph 380,06(8)(a)10., F10rida StaMes, and provide the
Department with a copy of the recorded agreement within two weeks.
If you have any questions, please call Bernard Piawah in the Bureau of Local Planning at
(850) 488-4925,
Sincerely,
d).G, fL_
D. Ray Eubanks
Community Program Administrator
DRB/dh
Enclosure
cc: Mr. Dan Trescott, Southwest Florida (with enclosure)
Collier County (with enclosure)
2661 SHUMARD OAK BOULEVARD 'TALLAHAssee, FLORIDA3231111.2100
Phone: (a50) 4S8-8466/6uncom 278-8466 fAX:JBSO) S21-07811Suncam 291-0781
Internet addrel:ils: httc:llwww. ca.&tate.fl.ul'J
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MAY-30-2002 16:36
SWFRPC
P.03/18
OR: 3138 PG: 2381
AMENDED PRELIMINARY DEVELOPMENT AGREEMENT
THIS AGREEl'vfEN'T is entered ifllO by and between Collier Development Corporation, a
Florida corporation (hereinafter "Collier") and the State of Florida Department of Cpmmuruty Affairs
(hereinafter the "Department") by and through their undersigned representatives.
Pursuant to the requirements specified in s380.06(8), Florida Statutes, and Rule 9J-2,O 185,
Fla. Admin, Code, Collier and the Department voluntarily enter into this preliminary developmem
agreement (hereinafter the "Agreement") upon the following terms and conditions:
WHEREAS, the Department is the state land planning agency having the power and duty to
exercise general supervision, administration and enforcement of the Florida Environmental Land and
Water Management Act of 1972 (Chapter 380, Florida Statutes and the Department's rules
promulgated thereunder) which, in part, contains provisions regulating developments of regional
impact ("DRI"); and
WHEREAS, the Department is authorized to enter into agreements that enforce and
effectuate the provisions and intent of Chapter 380, Florida Statutes, pursuant to &380.032, Florida
Statutes, and to enter into preliminary development agreements with developers pursuant to
9380,06(8), Florida Stat\1tes, and Rule 9J-2,0185.. FI.a, Admin. Code; and
WHEREAS, Collier County issued a DRI dev~lopment order (D,Q, 86-2) for the Property
approving the CDC DR! on November 10, 1986, but due to extensive litigation the CDC DR! has
never been commenced and, pursuant to the terms of said development order, Collier must submit
the CDC DRI to Collier County for further DRI review and approval; and
WHEREAS, Collier is the sole owner and developer of approximately 2,416,41 acres of real
property (hereinafter thc .Property"). including land formerly approved and known as the CDC DRI,
as legally described in Exhibit 1 attached hereto; and
WHEREAS, Collier plans to amend the legal description and to revise the CDC DR! plan
of development so as to construct residential units, commercial uses, golf courses and other uses on
the Property which will constitute a substantia! deviation to the CDC DRI and will require the
Property to undergo DR! review and approval pursuant to 9380.06, Florida Statutes, and to obtain
a final DR! development order for the Property; and
WHEREAS, Collier desires to commence a minimal amount of development on
approximately 83.07 acres of the Property (hereinafter "PDA Property") as legally described in
Exhibit 2, attached hereto and incorporated by reference, prior to obtaining a final DR! development
order on the Property; and
l'IH'(-~tJ-.::::~~~ lb;.,jD
:;.Wl-roct-'L
P,0,4/18
OR: 3138 PG: 2382
WHEREAS, the fIrm of Wilson Miller has prepared a document entitled "CDC DR!
Preliminary Development Agreement Document" (hereinafter "PDA Document") dated September,
2001, which PDA Document more fully describes Collier's anticipated plan of development for the
PDA Property, and a copy of the PDA Document having been furnished to the Department; and
WHEREAS, the PDA Document, the exhibits thereto, and all representations and depictions
therein, specifically including a copy of Collier's PDA Development Plan attached hereto and
marked as Exhibit 3 hereto, are incorporated herein by reference; and
WHEREAS, Collier has a desire to commence construction of a portion of the CDC DRl and
has requested thatthe Department, pursuant to Sections 380.06(8) and 380,03(2), Florida Statutes,
enter into the Agreement with Collier to authorize a maximum of the following types and amounts
of development prior to application for an issuance of a DRl development order for the remainder
of the CDC DR! development:
], 390 multi-family residential units;
2, 120,000 gross square feet of commercial retail use;
3, 50,000 gross square feet of office space,
Exhibit 3, attached hereto, consists of the PDA Development Plan for the development described
above, to be located on the PDA Property, approximately 83.07 acres ofland legally described in
Exhibit 2; and
WHEREAS, Collier and the Department entered into this Agreement, which became
effective on January 7, 2002, and anticipated that Collier would be able to file an ADA for the
revised CDC DR! OD or before May 7, 2002, in accordance with paragraph 3 of this Agreement; and
WHEREAS, Collier has encountered unanticipated events and circumstances causing
unavoidable delays in Collier's preparation and filing of an ADA for the CDC DR!, which require
Collier to request the Department to agree to amend paragraph 3 of the Agreement to extend the date
on which Collier is to file the CDC DR! ADA for the following reasons:
A. Collier County has questioned whether the DRlIPUD requirements regarding the relocation
of the Rattlesnake Road!Thomasson Drive intersection through the property and the mutual
obligations of the County and Collier are still applicable.
B. The County's position with regard to paragraph A above. this position has affected
negotiations with Collier County to determine the location and configuration of a County
drainage easement across the CDC DRl property for the Lely Canal, a major county
storrnwater drainage improvement desired by Collier County. Plans for CDC DR!
2
MRY-30-2002 16'36
SWFRPC
P,05/18
OR: 3138 PG: 2383
development located near the Lely Canal cannot be finalized until the easement is fmalized,
and the parties' obligations under the existing D.O./PUD are determined.
C. Collier has been engaged in protracted negotiations with the City of Naples that eventually
should enable Collier to determine whether a marina use may be included or remain excluded
from the legal description and maSter plan for the future CDC DRI.
D. Uncertainties regarding the transportation issue identified in "A" hereof and with regard to
other road segments in the area have caused concerns regarding potential impacts to County
roads and have caused a re-examination of the potential land uses in the project. Collier
must decide on the final land uses and mix of residential, commercial and recreational uses
in the CDC project before a traffic study may be prepared for submittal with the ADA.
E. Additional acreage is proposed for inclusion in the CDC DRI legal description that was not
part of the CDC project originally reviewed in 1985. An e),,1ended period of time is required
to prepare an economically feasible Master Plan which reasonably depicts where impacts to
these additional lands may occur, what mitigation will be proposed, and what areas will be
preserved, and to incorporate the added lands into the ADA for the revised CDC DRI,
F, Preliminary archeological studies of additional lands in the CDC DR! legal description have
determined additional archeological sites may exist on such lands. Studies are required to
confmn the existence and determine the'significance of these potentia] sites before a final
ADA Master Plan can be prepared for submittal.
G. A pair of American bald eagles, a protected species, have located in the southeast portion of
the CDC DRI site. Studies are on-going to determine whether revisions to the CDC DRI
Master Plan may be required to address the resulting issues.
NOW, THEREFORE, based upon the parties understanding of the facts and circumstances
as stated above and in consideration of the mutual benefits and covenants herein contained. Collier
and the Department hereby agree to the following:
1. The recitations of the parties to this Agreement and the "Whereas" clauses stated above are
included in this Agreement and arc adopted and incorporated hen:in by reference and made
a part hereof.
2, Collier acknowledges and agrees that it is the owner of, and is planning to propose
development on the Property, which for the most part is land previously known and approved
by Collier County, Florida, as the CDC DRl, which will constitute a DRl under the
guidelines and the standards specified in 9380.0651, Florida Statutes, and Chapter 28-24,
Fla, Admin, Code. Collier agrees to file a substantial deviation application for development
3
MAY-30-2002 16'36
SWFRPC
P,06/18
OR: 3138 PG: 2384
approval (ADA) pursuant to Section 380.06(19), Florida Statutes, and Chapter 9J-2, Fla.
Admin. Code, for the Property. The revised CDC DR! ADA is being preliminarily planned
to contain less than the 4,000 residential dwelling units approved by Collier County in the
original CDC DR! (D,Q. 86-2), as well as commercial (retail and office) uses, golf courses,
as well as hotel and other uses, Tho Department and Collier acknowledge and agree that the
planned uses for the DRI, as described in this paragraph, are conceptual, approximate and
that the actual amounts and types of land uses that Collier will submit in the revised CDC
ADA for the Property in the future may vary from the above description. The Department
and Collier further acknowledge and agree that nothing herein shall prevent Collier from
asserting or applying for a determination of its rights, including a binding letter of
interpretation ofDRI status, in accordance with 9380,06(4), Florida Statutes, and Rule 9J-
2,016, Fla. Admin. Code for the Property, if Collier decides to develop the Property in a
manner that does not constitute a DRI. .
. 3, Collier shall file an ADA for the revised CDC DR! pursuant to &380.06(19), Florida Stattnes,
and Chapter 91-2, Fla. Admin. Code, on or before October 4, 2002, Collier having provided
a showing of good cause to the Department for the extension of the ADA filing date required
by this Agreement. Collier shall also submit its ADA to the appropriate local, regional and
state agencies as required under Chapter 380 and the rules thereunder. The ADA shall
include all lands owned and to be developed by Collier within the Property as described in
Exhibit 1, and shall include all development authorized pursuant to this Agreement. The
ADA shall conform to the requirements set.forth in Chapter 380, Florida Statutes and
pertinent rules contained in Chapter 9J-2, Fla, Admin, Code.
4. Collier shall diligently proceed in good faith through the DRI process in accordance with all
applicable procedures in Chapter 380, Florida Statutes, and the rules thereunder, unless and
until this Agreement is abandoned pursuant to t)380,06(8)(a)11, Florida Statutes, Nothing
herein shall prevent Collier County or the Southwest Florida Regional Planning Council
from reviewing or commenting on any issue under their respective jurisdictions,
5. The Department has reviewed the PDA Document and all information and representations
submitted by Collier in connection with its request for the Agreement authorizing
commencement of construction of a portion of the CDC DRI, as described herein, Based
upon the information provided and representations made by Collier, the Department hereby
determines that Collier's request should be granted and this Agreement executed in
accordance with the provisions herein, and including the following additional or
supplemental recitals:
a. The land proposed for development pursuant to this Agreement consists of
approximately 83,07 acres, constituting the l'DA Property legally described in
Exhibit 2, and as depicted on Exhibit 3, the PDA Development Plan.
4
MAY-30-2002 16:35
SWFRPC
P.07/1B
OR: 3138 PG: 2385
b. The PDA Property contains no significant environmental features, no significant
natural resources, no threatened, endangered or protected species that will be
adversely affected, and it is deemed suitable for the described development
authorized in this Agreeme!1t.
c, The development authorized by this Agreement will contain a to!al of no more
than 390 multi-family residential dwelling units, 120,000 gross square feet of
retail use, 50,000 gross square feet of office use, which development, individually
and cumulatively is less than eighty percent (80%) of any applicable DR!
threshold under ~380,0651, Fla. Stat., and Chapter 28-24, Fla. Admin. Code.
d. There are adequate public facilities and infrastructure to accommodate the
development on the PDA Property described herein and that such development
will not result in material adverse impacts to existing resources, or to existing or
planned public facilities and infrastructure. '
e. Collier owns the Property described in Exhibit 1, including the PDA Property
described in Exhibit 2, and the development of the PDA Property is consistent with
the requirements of ~380.06(8), Florida Statutes, and Rule 9J-2,OI1\5, Fla, Admin,
Code,
f. The Department acknowledges and agrees that prior to the issuElIlce of a final DRI
development order for the Property in accordance with 9380.06, Florida Statutes,
and Chapter 91-2, Fla. Admin. Code, Collier may undertake and complete tbe
development of the PDA Property, as previously described and which
development shall be contained within the land described in Exhibit 2. The
development authorized by this Agreement shall also include necessary and
customary associated ancillary horizontal development and infrastructure directly
related to the development authorized herein, including but not be limited to,
internal roads or parking areas within the PDA Property, storm water management
features, a utilities system, signage, irrigation facilities, sidewalks, landscaping
and other features or facilities necessary for the construction and operation of the
development depicted in Exhibit 3 and described in this Agreement.
g. All development pemritted by this Agreement shall be carried out in accordance with
all applicable ordinances or regulations of Collier County, the South Florida Water
Management District, the U.S. Army COIpS of Engineers, and any other
governmental entities or agencies having jurisdiction to regulate the development
authorized herein.
5
M8Y-30-2002 ,5:37
SGJFRPC
P.DS/1S
OR: 3138 PG: 2386
6. Collier is authorized to carry out only the development specifically approved in this
Agreement as previously described and may not carry out any other development, as that
term is defined in 9380,04, Florida Statutes, on the Property or the PDA Property, or
portions thereof, without the occurrence of one of the following events:
a.
A written, amendment to this Agreement duly executed by the Department and
Collier,
b,
A revision and reduction of the amount of development proposed by the CoUier
which results in the project no longer being a DR!, followed by written
acknowledgment by the Department that this Agreement is terminated or
abandoned pursuant to Subpaxagraph 380,06(8)(a) 11, Florida Statutes, and is .no
longer binding on the parties; or
c,
Issuance of a final DR! development order,
7. Collier acknowledges and agrees that the development authorized pursuant to this Agreement
is subject to all applicable permitting procedures and authorizations required by law from the
appropriate federal, state, regional, and local permitting agencies and that this Agreement
does not entitle Collier to a final DR! development order approving the CDC DR! in whole
or part, nor to any particular conditions contained therein, nor to any permits or
authorizations issued by federal, state od6c'al agencies, Collier further acknowledges and
agrees that any development performed under this Agreement is solely at Collier's own risk
at all times prior to the issuance of any final DR! development order. Collier shall not claim
vested rights, or assert equitable estoppel, arising from this Agreement or any expenditures
.or actions taken in reliance on this Agreement to continue with the total proposed
development beyond the preliminary development.
8. In the event of any breach of this Agreement by Collier, failure to comply with any
conditions or terms of this Agreement, or if the Department detennines that this Agreement
was based upon any materially false information provided by or representations made by
Collier, the Department may terminate this Agreement or initiate proceedings to enforce this
Agreemen[ as provided in 8380,11, Florida Statutes, including a suit to enjoin development
activities.
9. Collier acknowledges and agrees that the Department has retained, and has not waived, its
authority to appeal any DR! development order issued by Collier f~r or in connection with
the proposed CDC DR! and Collier further acknowledges and agrees that if such an appeal
of the development order is taken by the Department pursuant to Chapter 380, Florida
Statutes, said DR! development order shall not become effective until any appeal is resolved.
Collier shall ensure and provide that any developer or successor in interest in and to any
6
MHY-,j\<l-d\<leld lb:,j(
SW~KPC
P.09/18
OR: 3138 PG: 2387
lands or parcels affected by this Agreement is bound by the terms of this Agreement. Collier
shall record a notice of this Agreement which complies with !l380,06(8)(a)10, Florida
Statutes, in the Official Records of Collier County, Florida, and shall provide the Department
with a copy of the recorded notice within two weeks after the date of execution of the
Agreement.
10. The effective date of this Agreement shall be January 7, 2002, or the date following January
7, 2002, on which the Department. through its authorized representative, executes and
acknowledges this Agreement.
II, This Agreement shall remain effective until it is superceded by the [mal DRI development
order to be issued pursuant to 9380.06 or 380.07, Florida Statutes, or until it is rescinded by
mutual written consent of both the Department and Collier, or until it is abandoned pursuant
to !l380.06(8)(a)11, Florida Statutes. The restrictions and conditions of the fmal
development order shall supercede the restrictions llnd conditions of this Agreement.
IN WITNESS WHEREOF, the parties by and through their respective undersigned duly
authorized representatives have agreed to and executed this Agreement on the date appearing below
their respective signatures.
7
f.IH l-..)~-~t::J~C 1D'..) (
:::'lllJrl""il..
P .10/18
OR: 3138 PG: 2388
WITNESSES:
COLLIER DEVELOPMENT CORPORA nON
;iJ~.JkL,~
\Afn ^ ~ ,lI Jsh{{ \AX\c:d
~)
1\ ~ l . ~o.12P
\
~CUYl~ ~,.\-I&t I)
(Print name)
By:
-----.
Je~
Its: Vice President
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this2..1:'aay of ~-J
Jeffrey Birr, whq is personally known to me or who has produced
as identification,
:L-
, 20o.Y,by
[Seal]
.ry)~ ~.~~
Notary Public, sbte of Florid,.
VI Cov\ ~ l, '\--\ <l II
Printed, typ d or stamped name
~~~ NANCYLYNNHAu..
~ ~ :I A.iY COMMISSION # 00 OJ13;7
"'rCft\l:l E'.XPIRE3:Jul\Cl ~.1QJj
1~T~ ft~a.w.&~11"lC
8
MRY-30-2002 15:37
SWFRPC
WITNESSES
u!ZJt-. vi? :r> rt
:?'A-l-A,- ? hveL
(print Name)
~ ~UitPL (~
Obo.rYon OCoTY'CX'
(print name)
STATE OF FLORIDA
COUNTY OF LEON
P,l1/18
OR: 3138 PG: 2389
COMMUNITY AFfAIRS
By:
Its: Director, Division of Community Planning
Date:~ ~'l.---- .-
, fI. ~
a. UO:l- The fOre~ng instrument was acknowledged before me this /.k::aay of tl ,
~ by /J, fi . I.l~ . who is personally known to me or who has produced
. ~I "" as identification,
--I?d--I ~ ,(
Notary Public, State ofF oric1a
[Seal]
~ p, l'ord
MY COMMlSSIOH I ct:961<11 ilIPIIIS
~~~
9
MAY-30-2002 15:37
SWFRPC
P.12/18
LEGAL DES-CRrPrION OF
CDC DR!
("PROPERTY")
OR: 3138 PG: 2390
Description of all of Section 25 and part of Sections 23, 24, 26, and 36,
Township 50 South, Range 25 East,
and part of Section 19,
Township 50 South, Range 26 East,
Collier County, Florida
All of Section 25 and part of Sections 23.24,26, and 36, TownshIp 50 South, Range 25 East, and part of
Section 19, Township 50 South, Range 26 East. Collier County, Florida being more particulariy described as
follows:
Section 19, Township 50 South, Range 26 East, Collier County, Florida, lying south and w'"'st of State Road
90 (U,S. HighwaY.41 - Tamiaml Trail);
SUBJECT TO a drainage canal easement (Walker Canal .: 20 feet wide) - extending from the southwesteny
rightway -of-wayofStale Road 90 (U,S, Hlghway41 Tamlaml Trail) 10 the westline of said Section 19,
as recorded in O.R, Book 157, page 269 of said public records;
ALSO SUBJECT TO a Florida Power & Light Company lr8nsmlssion line easement (110 feet wide)
extending from said southwesterly right way - of - of State Road 90 to the south line of said Section 19 as
recoroed in O,R. Book 194, page e01 of said public records;
ALSO SUBJECT TO a drainage easement (50 feet wide) lying over and across a portion of the south 50
feet of sal~ Section' 19 as recOrded in Q,R, Book 532, page 120 of said Public Records;
AND AlSO SUBJECT TO any easements, restrtctJonS, reservations or rights _ of _ way of record,
Containing 248,76 acres more or less,
AND
Seelion 24, TOOM1ship 50 South, Range 25 East, Collier County, Florida, lying south of state Road No. 5-864
(Thomasson Drtve) and lying south and west of State Road 90 (V,S, Highway 41 Tamiaml _ Trail);
EXCEPTING THEREFROM the north 1891,01 feet of the west 1290,01 feet of said Section 24;
,SUBJECTTO a Aorida POWer & Wgh! Company easement as recorded in O.R. Book 857, page 10:\7 of the
Public Records of Collier County, Florida;
ALSO SUBJECT TO a right of way easement for public road as recorded in O,R. Book 1345, page 908 of
said publfc record
ALSO SUBJECT TO a utJlily easement as recorded in O.R, Book 1346, page 1693 of,$ald public records;
AND ALSO SUBJECT TO any easements, restrictions, reservations or rights way of record;
Containing li~9,7:!'acres more or Jess.
~ND
Section 25, Township SO South, Range 25 East, Collier County, Florida;
~~..,. 'nr.01J..~
~J...OCc..,
liaples Fort Myers S.""sl1ta Bradlmtl1n Tampa' faUaha6lialJ
S2J:lJ8aIItJyUntJ, Su1t6200 ~ FIorldaUt05-8S/)l 941-849--4040'ii:' 941-843-57166
WWW.IIrlJs:qnmHJsr.evm
WTI'OJ'I"J/I.r.lne.-Rll<:~IO"'MI)f"" ,...,,"'
MAY-30-2002 16:37
SIJFRPC
P,l3/18
OR: 3138 PG: 2391
SUBJECT TO any easements, restrictions, reservations or rights - of - way of record:
Containing 657.07 acres more or less.
AND
The Southwest One Quarter of Section 23, Township 50 South, Range 25 East, Collier County, Florida,
EXCEPTING THEREFROM the waters of Tide Creek:
ALSO EXCEPTING THEREFROM the follDWing descrlbed parcel;
Beginning at the west 1/4 CXlmer of said Section 23;
thence along the east-west 114 ser;ijcn line of said Ser;ijon 23 North 69'29'20' East 13B4.95 feet;
thenCll South 00'32'30" East 200,00 feet: .
thence South 89'29'20' West 916,46 feet: '
thence South 00'06'OB' East 453,00 feet;
thence South B9'29'20' West 470,01 feet to the west line of said Section 23;
thence'along said line North 'OO'Os'oS'West 653.00 feet to the Point of Beginning of the parcel herein
described,
Containing 160,39 acres more or less,
AND
A tract or parcel of land lying In Ser;ijon 23, Township 50 South, Range 25 east; Collier County, Florida, being
more particularly descrlbed as follows:
Commencing at the west 1/4 CXlmer of said SectJon 23;
thence along the east-west 1/4 ",ection line of said Section 23 North B9'29'20' East 1364.95 feet to the Point of
Beginning of the parcel herein descrlbed;
thence North 00'32'30' West 367.45 feet;
thence North 89'24'46' East 300.00 feet;
thanes South 00'32'35' EBlit 60.00 feet: '
thence North 89'24'46" East 960,26 faat to the north-south 114 section line of said SectJon 23;
thence South 00'42'05' East 309.14 feet to the center of ser;ijon of said Sedlon 23;
thence along the east-west 1/4 section line of saId Section 23 South 89'28'20. West 1281.12 feet to the Point
of Beginning of the tract or parcel herein descrlbed,
Parcel ContaIns 9.48 acres more or less.
SUBJECT TO arty 'easements, 'restrictions, reselVaUona or rlghts . of _ way of record;
AND
Lets 70, 71 and 91, Naple'" G~es end Truck Co's Ultle Farms No, 2 as recorded In Plat Sook 1, page 27,
Publio Records of Collier County, Florida;
Parcal contains 30.68 acres more or less. '
SUBJECT TO any easements, resllictlons, and rights-of-way of record,
AND
A tract or pamel of land lying In Section 26, Township 50 South, Range 25 East, Collier County Florida
more par1lcularly described as follows: ' .
trl'2If2I:DI.tN11 \'r.O'''1.I.S.lClI
.....
~..-..,
Page2
MRY-30-2002 15:37
SIJFRPC
P.14/18
OR: 3138 PG: 2397
The west 1/2 of said section 26;
AND
The southeast 114 of said Section 26:
AND
The southwest 114 of the northeast 1/4 of said Section 26;
AND
The southwest 114 of the southeast 1/4 of the northeast 1/4 of said Section.26:
SUBJECT TO AND TOGETHER with an egress easement, ingress - 60 feet wide, lying 30 feet on each side
of the west line of the aforeseid fraction of a section as recorded In 0, R. Book 283, page 359, Public
Records of Collier County, Fiorida:
Paresl contains 550.88 acres more or less,
Subjecl to any easements, restrictions or rights-of.way of record.
AND
A tract or parcel of land lying in Section 36, Township 50 South, Range 25 East, Collier County. Florida,
more particulariy desc:tibed as follows:
8egln,nlng at the northeast comer of said Section 36;
thence South 00"18'30' West along the east fine of said Section 36 for 1518,00 feet;
thence North 87"28'25' West 5329,09 feet to a point on the west line of said Section 36:
thence along the weslline of said Section 36 North 00"19'40- East 1254.00'feet to the north line of said
Section 36;, . ,
thence along the north line of said Section 36 North 89"41'')Q' East 2665,95 feel to the north quarter comer of
said Section 36:
thence continuing along said north line North 89 41'16' East 2659,04 feet \0 the Point of Beginning,
SUBJECT TO any easements, restrictions, reservations or ~ghts . of - way of record,
ConWnlng 169.43 acres more or less,
Total Pareal contains 2416.41 acres more or less,
WilsonMilIer, Inc.
M~~el~S~
, Not valid unless embossed With the Professional's seal.
Ref.4d-112
PIN: N0229-001-010
Dale: October 10, 20Q1
~1.&_1'\lIIr:01J.W:2.MoI
.....
~1IooOln,..O
Page3
MAY-]0-2002 16:38
SWFRPC
P.1S/18
LEGAL DESCRIPTION OF
PDA SITE, 83''' ACRES
1'". ..:J...
;
OR: 3138 PG: 2393
Description of PDA Parcel
Being a part of Section 19, Township 50 South, Range 26 East and
Part of Section 24, Township 50, South, Range 25 East, Coliier County, Florida
(Sable Bay)
All that part of Section 19, Township SO South, Range 26 East and Section Z4, Township 50
South, Range 25 East, Collier County, Flolida. being more particularly desclibed as follows;
Commencing at the n.ortheast comer of said Section 24;
Thence along the east line of said Sectlon 24, South 00'14'17" West 173.15 feet to the Point of
Beginning of the parcel hereIn described;
Thence leaving said section line along the southwest right of way line of Tamiami Trail
(U.S. 41) South 39'04'27" East 643.93 1eet;_
Thence leaving said fight of way lIne South 03'07'44" West 210.69 feet;
Thence Sooth 50'55'33" West 109.02 feet;
Thence South 39'04'28" East 223.02 feet;
Thence North 5o'5S'33" East 250.55 feet to a point on the southwest right of way line of
said Tamiaml Trail (U.S. 41);
Thence along said right of way line South 39'04'27' East 86.00 feet;
. Thence'leaving said light of way line South 50'55'33" West 449.00 feet;
Thence southwesteriy4.39 feet along the arc of a circular cuIVe concave to the
southeast having a radius of 8.00 feet through a central angle'of31 026'25" and being
sub!ended by a chord which bears South 35'12'20" Wesl..4.34'feet;
,Thence South 19'2s'or West 4,70 feet;
Thence southwesterly 28.53 feet along th-e arc of a clrcular cUIVe concave to the
, northwest having a radIus of 52.00 feet through a central angle of 31026'25" and being
subtended by a chord which bears South 35'12'20" West 28.18 feet;
Thence South 50'55'33" West 17.08 feet;
Thence southwesterly 11.10 feet along the arc of a clrcular DUIVe concave to the north
having a radius of20,OO feet through a central angle of 31'47'18" and being subtended
by a chord which bears South 66"4S'12" West 10.95 feet;
Thence South 50"55'33" West 107.35 feet;
Thence South 39'02'44" East a9S.09 feet to the northwest line of a 120' drainage
easament as recorded In OR Book 157, pg. 269, Collier County Public Records, Collier
County Flelida;
Thence aleng said easement line South 40052'10. West 40.63 feet;
Thence leaving said easement line North 39002'44" West 935.42 feet;
Thence North 74011'12" West 273,05 fee!; ,
Thence South 61'44'41" West 65.38 feet;
Thence southerly 71.6a feet along the arc of a circular cuIVe concave to the west haVing
a radius of90.00 feet through a centra! angle of 45045'41" and beIng subtended by a
chord which bears South 16"08'OS" West 69.99 feet;
Thence South 39'00'59" West 25.13 feet;
Thence southerly 34.20'f~e(~,long the arc of a circular curve concave to the eastflaVlns
a radiUs of 60.00 fee through a central angle of 32039'20' and being subtended-by a .'
chord which bears Sout!1'22041'19" West 33.74 feet; ".
Thence ~outh 06"21'39' West 50.13 feet;'
~__ "-:on.raGw
....
_..
Nllpltls Fart NYtll'$ Sa,."safll S'Sdllll,flllt 7lImps TllIIsbBstllI1I
8aXI fJa/loy LBm, SlJlts2tJO Naples, F/rJi1ra 34105-B5fJT 941-649-4040. 941-643-5716.
"""".-mI1I.,.eam
W7II1Q"Uu:.(,/~. - R. f.Jt>J Lo-ctxJ011'O eo.: ~~
MRY-30-2002 15;38
SWFRPC
P.15/18
OR: 3138 PG: 2394
Thence southwesterly 240.08 feet along the arc of a circular cUlVe concave to the north
having a radius of 130,00 feet through a central angle of 105"46'48" and being
subtended by a chord which be~rs South 59"16'03" West 207.39 feet; ,
Thence North 67"49'33" West 50.39 feet;
Thence northwesterly 120.79 feet along the arc of a circular curve concave to the
northeast having a radius of 260.00 feet through a central angle of24043'02" and being
subtended by a chard which bears North 55028'02" West 119.86 feet to a point of
reverse curvature;
Thence westerly 154.54 feet along the arc Df a ckcular curve concave to the southwest
having a radius of 170,00 feet through a central angle of 52005'09" and being subtended
by a chord whlcl,bears North 69009'05" West 149.28 feet to a point of reverse curvature;
Thence westerly 149.00 feet along the arc of a circular curve concave to the north
having a radius Df 658.56 feet through a central angle of 12057'48" and being subtended
by a chord which bears North 88"42'46" West 146.68 feet to a paint of reverse curvature;
Thence southwesterly 200,48 feet along the arc of a circular culVe concave to the south
having a Cddius of 400.00 feel through a central angle of 28042'58" and being subtended
by a chord which bears South 83'24'38' West 198.38 feet to a point of compound
" curvature;
." ., Thence southwesterly 89.67 feet along the arc of a circular curve concave to the south
having a radius of 720.55 feet through a central angle of 07"07'50" and being subtended
by a chard which bears South 65'29'15~ West 89.~1 feet to a point of reverse curvature;
Thence southwesterly 231.31 feel along the arc of a circular curve concave to the north
having a Cdd{us of 330,00 feet through a central angle of 40'09'39' and beIng subtended
by a chord which bears South 82'OO'OS" West 226.60 feet to a paint of compound
'curvature;
Thence northwesterly 534.66 feet along the arc of a circular curve concave to the
northeast having a radIus of 1164.47 feet through a central angle of 26"18'25" and being
subtended by a chord which bears North 62"36'02' West 529.97 feet to a point of
compound curvature;
Thence northerty 240.24 feet along the arc of a circular curve concave to the east having,
a radius of 155,00 feet through a central angle of 88'48'19' and being subtended by a
chord which bears North 08"59'45" West 216.91 fsel;
Thence North 35"24'25' Eas1170.65 feet;
Thence northwesterty 13.12 feet along the arc of a circular curve conc<;ve to the
northeast having a radIus of 1017.00 feet through a central angle of 00"44'20' and being
subtended by a chord which bears North 51"30'12' weSt 13.12 feet;
Thence North 51"06'02" West 1192.89 feet;
Thence northwesterly 459.98 feet alDng the arc of a circular curve concave to the
southwesl'havlng a radius of 708.00 feet through a central angle of 37"13'28" and being
subtended by a chord which bears North 69044'46" West 451.93 feet to a poInt of
reverse curvature;
Thence northwesterly 58.20 feet along the arc of a circular curve concave to the north
having a radius of 200.00 feet through B'central angle of 16"40'24" and being subtended
by a chord which bears North 80'01'18" West 58.00 feet;
Thence North 71"41'06" West 68.54 feet to a poInt on the south right of way line of
Thomasson Drive (S.R. 864);
=,"__W'CC1"'~
-.."
M0Y-30-2002 16:38
.J
5WFRPC
P.17/18
OR: 3138 PG: 2395
Thence along said right of way line in the following two described courses;
1. North 89.35'35" East 520.56 feet;
2. North 89.42'30" Easl25,87,54 feel to the Point of Beginning of the pall<el herein
descnbed, '
Subject to easements and restrictions of record
Containing 83.07 acres more or Jess .
Bearings are based on the easlline'6f Section 24 being South 00.14'17" West.
By /J1~/I. ftzGo.~,.-#f/J Date ?f-/1-O (
Mlchae~ H. Maxwell, P.~4650
Certificate of Authorization # LB-43
Ref.4D-110
..
="'__ 't'Ir:01I.D6r
_.f
Mr.Y-30-2002 16;38
51.fFRPC
OR: 3138 PG: 2396 PDAMAsTER;~18
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PDA MASTel Pl..AN
OR: 3138 PG; 2397
EXHIBIT "B-1"
Sketch of Donated
Land for Project
in area of PDA
M~Y-3B-2BB2 15:38
SWFRPC
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,\
'To'TR"C p, 131
OR: 3138 PG: 2399
EXHIBIT "B-2" ,
Legal Description and
Sketch of,Xeric Lane
WilsonMiller
..
New Directions In Planning, Design & Engineering
Description of E XIII BIT B 2
Xerix Lane PAGE 1 0 f 4
Being a part of Section 24, Township 50 South, Range 25 East
Collier County, Florida
SabalBay
OR: 3138 PG: 2400
All that part of Section 24, Township,50 South, Range 25 Ea,st, Collier County, Florida, being
more particularly described as follows;
Commencing at the northeast corner of said Section 24; .
Thence along the east line of said Section 24 South 00014'17" West 173,15 feet to a point on
the southwesterly right of way line of Tamiami Trail (U,S, 41)
Thence leaving said section line along said right of way line North 39004'27" West 157,97 feet to
a point on the south right of way line of Thomasson Drive (S.R, 864);
Thence along said right of way line South 89042'30" West 497,63 feet to the Point of Beginning
of the parcel herein described;
Thence leaving said right of way line southwesterly 54,99 feet along the arc of a circular
curve concave to the southeast having a radius of 35,00 feet through a central angle of
90001'32" and being subtended by a chord which bears South 44041 '45" West 49,51
feet;
Thence South 00019'01" East 102.40 feet;
Thence southerly 575,95 feet along the arc of a circular curve concave to the northeast
having a radius of 862,50 feet through a central angle of 38015'37" and being subtended
by a chord which bears South 19026'50" East 565,31 feet;
Thence South 38034'38" East 30,24 feet;
Thence easterly 55,25 feet along the arc of a circular curve concave to the north having
a radius of 35,00 feet through a central angle of 90026'36" and being subtended by a
chord which bears South 83047'56" E,ast 49,69 feet;
Thence South 46015'05" West 145,59 feet;
Thence northerly 54,71 feet along the arc of a circular curve concave to the west having
a radius of 35,00 feet through a central angle of 89033'24" and being subtended by a
chord which bears North 06012'04" East 49.31 feet;
Thence North 38034'38" West 43,37 feet;
Thence northerly 626,03 feet along the arc of a circular curve concave to the northeast
having a radius of 937,50 feet through a central angle of 38015'37" and being subtended
by a chord which bears North 19026'50" West 614.46 feet;
Thence North 00019'01" West 1 02.46 feet;
Thence northwesterly 54,96 feet along the arc of a circular curve concave to the
southwest having a radius of 35,00 feet through a central angle of 89058'28" and being
subtended by a chord which bears North 45018'15" West 49.49 feet to a point on the
south right of way line of said Thomasson Drive;
Thence along said right of way line North 89042'30' East 145,00 feet to the Point of
Beginning of the parcel herein described;
Subject to easements and restrictions of record
Containing 1.42 acres more or less
Bearings are based on the east line of said Section 24 being South 00014'17" West.
By 111~ 1/ nt~ Date /-30-02-
Michael H, Maxwell, P,S, ,LS# 4650
Certificate of Authorization #LB-43
Ref,4D-1'15
lf30102.10t2.16 VW'. 011. I<B"n,,1
~,
NO=2~.OI6000.. 0
Naples Fort Myers Sarasota Bradenton. Tampa. Tallahassee
3200 8::Jd,-'Y Lane. Svile20U Nap/es. FJ(jfidJ3.Jl05.8501 941~649-4040 ~ 9.J1-643-57i6(J
www.wifsonmi/Jer.com
, I ~.. r:llo"//II 1:,1 43
WilsonMiller
r
New Djflctions In Planning, Design & Engineering
OR: 3138 PG: 2401
EXIII BIT 82
PAGE 2 of 4
Description of Rattlesnake Hammock Road
Phase 1
Being a, part of Section 24, Township 50 South, Range 25 East and
Section 19, Township 50 South, Range 26 East,
Collier County, Florida
SabalBay
All that part of Section 24, Township 50 South, Range 25 East and Section..19, Township 50
South, Range 26 East, Collier County, Florida, being more particularly described as follows;
Commencing at the northeast corner of said Section 24;
Thence along the east line of said Section 24 South 00014'17" West 173,15 feet to a point on
the southwesterly right of way line ofTamiami Trail (U,S, 41)
Thence leaving said section line along said right of way line South 39004'27" East 223.49 feet to
the Point of Beginning of the parcel herein described;
Thence continue South 39'04'27" East 134,68 feet;
Thence leaving said right of way line South 50'58'45" West 320.87 feet;
Thence South 64'28'30" West 51.42 feet; ,
Thence South 50'58'45" West 313,09 feet;
Thence South 42'27'07" West 80,93 feet;
Thence South 50058'45" West 198,83 feet;
Thence South 64'28'30" West 52,38 feet;
Thence southwesterly 207,58 feet along the arc of a circular curve concave to the north
having a radius of 810,00 feet through a c3ntral angle of 14'40'59" and being subtended
by a chord which bears South 56'58'30" West 207,01 feet;
Thence North 25'41'00" West 120,00 feet;
Thence southeasterly 160,62 feet along the arc of a circular curve concave to the north
having a radius of 690,00 feet through a central angle of 13'20'15" and being subtended
by a chord which bears North 57"38'53" East 160,26 feet;
Thence North 50'58'45" East 231,13 feet;
Thence North 46015'05" East 145,59 feet;
Thence North 50058'45" East 167,09 feel;
Thence North 64'28'30" East 23.70 feet;
Thence North 49056'38" East 86,58 feet;
Thence North 06'43'09" East 5,68 feet;
Thence North 50058'45" East 269.40 feet;
Thence North 64 '28'30" East 51.42 feet;
Thence North 50'58'45" East 42,83 feet;
Thence northeasterly" 13,78 feet along the arc of a circular curve concave to the
northwest having a radius of 35,00 feet through a central angle of 22'33'34" and being
subtended by a chord which bears North 39041'58" East 13,69 feet to the Point of
Beginning of the parcel herein described;
Subject to easements and restrictions of record,
Containing 3.66 acres more or less
Bearings are based on the east line of said Section 24 being South 00014'17" West.
By /11id.J /I.. Ih~ Date I~ 3o-o?..
Michael H, Maxwell, p, ,M, LS# 4650
Certificate of Authorization #LB-43
Ref, 40-115
II30t02. 1N211l v~ OH.I(BuIk....
NlJZ~g.,Ollj.(IOQ. .0
Naples Fort Myers Sarasota Bradenton... Tampa.. Taf/ahassee
3200 fulley Lane, SUIte 200 Naples. Flonda 3-1105.8507, 941.649-4040 ':ii:' 941.643.5716 (']iI
www.wilsonmiller.com
'I '1< "It: 1:IJOII/10 C,l-l:l
WilsQnMiJler
Net. Uil:!ci(VII~ ill Pi,/:l/lllliJ. Vt:SIi)IJ S ElIljllil;l.!lInfj
OR: 3138 PG: 2402
EXHI B IT B2
PAGE 3 of 4
Description of Rattlesnake Hammock Road, Phase 2
Being a part of Section 24, Township 50 South, Range 25 East,
Collier County, Florida
(Sabal Bay)
All that part of Section 24, Township 50 South, Range 25 East, Collier County, Florida, being more
particularly described as follows;
Commencing at the northeast corner of said Section 24;
Thence along the east line of said Section 24 South 00014'17" West 173,15 feet to a point on the
southwesterly right of way line of Tamiami Trail (U,S, 41)
Thence leaving said section line along said right of way line North 39004'27" West 157,97 feet to a point
on the south right of way line of Thomasson Drive (SR. 864);
Thence along said right of way line South 89042'30" West 2587,54 feet;
Thence South 89035'35" West 2643 feet to the Point of Beginning of the parcel herein described;
Thence leaving said right of way line southeasterly 161.72 feet along the arc of a circular curve
concave to the southwest having a radius of 840.00 feet through a central angle of 11001 '50" and
being subtended by a chord which bears South 56038'57" East 16147 feet;
Thence South 51008'02" East 1350.48 feet;
Thence southeasterly and northeasterly 777.35 feet along the arc of a circular curve concave to
the north having a radius of 690.00 feet through a central angle of 64032'58" and being
subtended by a chord which bears South 83024'32" East 736,89 feet;
Thence South 25041'00" East 120,00 feet;
Thence northeasterly 42,52 feet along the arc of a circular curve concave to the north having a
radius of 810.00 feet through a central angle of 03000'28" and being subtended by a chord which
bears North 62048'46" East 42.52 feet to a point of reverse curvature;
Thence southeasterly 16.42 feet along the arc of a circular curve concave to the southwest
having a radius of 38.50 feet through a central angle of 24026'12" and being subtended by a
chord which bears South 81017'29" East 16,30 feet;
Thence southwesterly and northwesterly 979,80 along the arc of a circular curve concave to the
north having a radius of 820.00 feet through a central angle of 68027'43" and being subtended by
a chord which bears North 85021'54" West 922,54 feet:
Thence North 51008'02" West 1350.48 feet;
Thence northwesterly 493.52 feet along the arc of a circular curve concave to the southwest
having a radius of 720,00 feet through a central angle of 39016'24" and being subtended by a
chord which bears North 70046'13" West 483,92 feet,
Thence South 89035'35" West 37.63 feet,
Thence North 71041'06" West 62,31 feet to a point on the south right of way line of said
Thomasson Drive;
Thence along said right of way line North 89058'19" East 494,14 feet to the Point of Beginning of
the parcel herein described;
Subject to easements and restrictions of record.
Containing 6,94 acres more or less
Bearings are based on the east line of said Section 24 being South 00014' 17" West.
.-J-. /7 _" /<7
By / Y /Cr:1.r(..-/,} :z 'C;l.C?k_____..
Marcus L Berman, P,S,M, LS# 5086
Certificate of Authorization #LB-43'
Ref,4D-115
Date: October 15, 2002
Naples
Fort Myers Sarasota
1,;;;,'
Tampa Tallahassee Panama City Beach
~Jl!-/i..J0-.-IO.J() ~ 0-JJ./i.J:)-!J/-'(>
\t>>'l(l102.1C\04~O Vor_Ol~' MlloetInlltl
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WWlV1W!S.tllll1ullt..'r,J;VIII
OR: 3138 PG: 2403
.t')'I-2~...
J7.4J'
S,"".l$"JS'Ir.
POINT or efGINNING
RATTLESNAKE HAMMOCK ROAD PHASE TWO
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CURVE TABLE i
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,.. """ Jt"26'2S" "'" ",61' :1.18'
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.. "'"00' Jr"."'" 'U' I~~~ :nl" "" - -.
.. >J(J.", 10$'411'48" 2#J.~' 207.N"
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... 6rtUJ(}' '7'JJ7ti ~~ $41.6" mr L8 182.58'
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OR: 3138 PG: 2404
EXHIBIT B2
PAGE 4 of 4
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EXHIBIT B1
OR: 3138 PG: 2405
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PHASE ONE
3.66 ACRES
IlAPACT FEE EXHIBIT A
'Miller -=..-:.~= """'. COWER lAND DEVEl.OPlAENT. INC.
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SABAI. BAY
ocm-on-0a2
OR: 3138 PG: 2407
EXHIBIT "B-3"
Legal Description and
Sketch for Temporary
0.84 acre,
Temporary Easement
for Drainage in area
ofPDA
WilsonMiller
~
New Directions In Planning, Design & Engineering
OR: 3138 PG: 2408
EXHI BIT B ~
PAGE 1 of 2
Description of Temporary Drainage Ea~ement
Being a part of Section 19, Township 50 South, Range 26 East,
Collier County, Florida
, (CDC)
All that part of Section 19, Township 50 South, Range 26 East, Collier County, Florida, being
more particularly described as follows;
Commencing at the northwest corner of said Section 19;
Thence along the west line of said Section 19 South 00014'17" West 173,15 feet;
Thence leaving said section line along the southwest right of way line of Tamiami Trail (U.S, 41)
South 39004'27" East 1109,03 feet;
Thence leaving said right of way line S6uth 50055'33" VV.est 449,00 feet;
Thence southwesterly 4,39 feet along the arc of a circular curve concave to the southeast
having a radius of 8,00 feet through a central angle of 31026'25" and being subtended by a
chord which bears South 35'12'20" West 4,34 feet;
Thence South 19'29'07" West 4,70 feet;
Thence southwesterly 28,53 feet along the arc of a circular curve concave to the northwest
having a radius of 52,00 feet through a central angle of 31 '26'25" and being subtended by a
chord which bears South 35'12'20" West 28,18 feet;
Thence South 50055'33" West 17,08 feet;
Thence westeriy 11,10 feet along the arc of a circular curve concave to the north having a
radius of 20,00 feet through a central angle of 31'47'18" and being subtended by a chord which
bears South 66049'12" West 10,95 feet;
Thence South 50'55'33" West 107,35 feet tei the Point of Beginning of the easement herein
described;
Thence South 39002'44" East 896,09 feet;
Thence South 40'52'10" West 40,63 feet;
Thence North 39002'44" West 935.42 feet;
Thence North 89'48'16" East 51,36 feet to the Point of Beginning of the easement
herein described;
Subject to easements and restrictions of record,
Containing 0,84 acres more or less
Bearings are based on the west line of Section 19 being South 00'14'17" West.
By f11 ~ I/. M~J.e.ff Date I?- ~ 17-0/
Michael H, Maxwell, P,S,M, LS # 4650
Certificate of Authorization # LB-43
Ref. 20-75
l;z,'lJIO,.9'9(jO) Ver 0\'. J([hJl..".
NOZ=~OlS-000-.0
Naples Fort Myers Sarasota Bradenton Tampa Tallahassee
3200 BJih:y Lane, Suite 200 NJples, FJoflda 34105-8507 941-649~4040 ~ 941 v643-5716 (:;111
www.wilsonmiller.com
11 ,,,,IU; nlllIJI//l CA4;
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OR: 3138 PG: 2409
BY /VI ,;:~tJtll! jl( ~*ttt:11
liICHli[L-H~-MAxW[LL( P.S'J.1~-Ls-"l4650
CE:RTlFICATE: OF AUTHORIZATION # LB-43
PR.C, POINT OF REYE:RSE: CURVATURE:
P,CC = POINT OF COMPOUND CURVATURE:
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NO, RADIUS D[LTA ARC TANG[NT CHORD CHORD BEARING
/ 8.00' 3/'26'25" 4,39' 2,25' 4,34' 5.35'/2'20"W.
2 52.00' 3 /'26'25" 2853' /4,64' 28,/8 S3S12'20"W.
3 20,00' 3 /'4 7' /8" II, /' 5,69' /0,95' S,66'49'/2"W.
4 90,00' 45'45'47" 71,88' 37.98' 69,99' S,76'08'08''W, Line Bearing Dislon
5 60,00' 32'39'20" 34,2' /7.58' 33.74' 5.22'4/'19"W.
6 /30,00' /05'48'48" 240,.08' /71,93' 207.39' 5. 59'/6'03"W. LI S,79"29'07"w 4.i
7 280,00' 24'43'02" /20.79' 6/,35' 7/9,86' N55'28'02''w, L2 S, 50'55 '33" W. /7.06
8 170,00' 52'05'09" 154,54' 83,07' /49,28' N69'09'05"W. L3 5.50'55'33"W. /07.35
9 65856' /2'57'48" /49' 7482' 148,68' N 88'42 '46"W. L4 5.89'48'/6"W. 5/,36
/0 400,00' 28'42'58" 200:48' /02,39' 198,38' 5.83'24'38"W. L5 N74'11 '/2"W 273,05
17 720.55' 0707'50" 89,67' 4489' 89,67' 5. 65'29 '/5"W. L6 5,61'44'47"W. 65,36
/2 330,00' 40'09'39" 23/,31' /20,63' 226,6' S,82'00'09"W. L7 5,39'OO'59"W 257:
/3 1764,47' 26'18'25" 534,66' 272,13' 529,97' N.62'36'D2"W, L8 5,06'21 '39" W 50,1:
14 155,00' 88'48'/9" 240,24' /5/.8' 216,91' N. 08'59 '45"W, L9 N,35'24 '25"[, 182,56
15 810,00' 67'33'26" 955,07' 541.87' 900.7' 5,84'54 '45"[, LID 5.5/'08'02"[, 145,1S
/6 38,50' 6/'43' 19" 4/.47' 23.0/' 39,5' 5. 62'38'56"[, LlI 5,3/'47'17'[, 59,5:
/7 135,50' 9/'38'52" 216.74' 139,45' 194.36' 5. 7736'43"[, Ll2 5.50'55'33"w 7. 7,
/8 /38,50' 49'15'00" 119,05' 63,48' 115,42' N.8/'II'21"[' Ll3 N6T49'33"W. 50.3S
_" _"'0">&
_~f2IVITY INlTlAlS/EMP. NO DATE APPROVED; WilsonJ
:ARCH:
"1t.LO .,..ORK/CRE'f.' CHIEF
DRAFTED. KlB/502 9/01 "
P1B1YlerS . Engineers. Ecologis/s . Son--eyors . Lands
CHECKCD GY MHM/204 9/01 WilsonMiller
nE.LD 80QK/PACE: - N8p/es . Fort Myers . Sarasola'
MICHAEL H, MAXWelL PSM LS4650 3200 Baiey Lane, Sl.ife 200 . Naples. Aori(Ja 3.fKJ5-8507 . Pflonc 941-6-:
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PAGE 2 of 2
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POINT or COMMENCEMENT
NE CORNER SECTION 24
NW CORNER SECTION 19
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)RARY DRAINAGE
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9/2001
SCAle
CLIENT:
TITLE:
COLLIER LAND DEVELOPMENT
SKETCH OF DESCRIPTION
TE:MPORARY DRAINAGE: [A$E:ME:NT
PART OF $E:CTlON 24, T-50-$. R-25-[' & $E:CTlDN
79, T -50-$, R-26-[, COLLI[R COUNTY. FLORIDA
1"""200'
2D-75
CRJSS M;::F::;;~~;::: ;-':,,[ ._'
Pf:::')J[C! .':0
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ND229
OR: 3138 PG: 2411
EXHIBIT "B-4"
Legal Description and
Sketch.of 12.92
Drainage Area in the
PDA
WilsonMilJer
New Direclions In;lanning, Design & Engineering EXHI B IT B4
Description of Temporary Drainage Easement PAGE 1 of 3
Being a part of Section 24, Township 50 South, Range 25 East and
Being a part of Section 19, Township 50 South, Range 26 East, '
Collier County, Florida
(CD C)
OR: 3138 PG: 2412
All that part of Section 24, Township 50 South, Range 26 Ea,st and all that part of Section 19,
Township 50 South, Range 26 East, Collier County, Florida, being more particularly described
as follows;
Commencing al the northwest corner of said Section 19;
Thence along the weslline of said Section 19 South 00014'17" West 173,15 feel;
Thence leaving said section line along lhe southwest right of way line of Tamiami Trail (U,S, 41)
South 39004'27" East 1109,03 feet;
Thence leaving said right of way line South 50055'33" West 449,00 feet;
Thence southwesterly 4,39 feet along the arc of a circular curve concave to the southeast
having a radius of 8,00 feel through a central angle of 31'26'25" and being subtended by a
chord which bears South 35012'20" West 4,34 feet;
Thence South 19029'07" West 4.70 feet;
Thence southwesterly 28,53 feet along the arc of a circular curve concave to the northwest
having a radius of 52,00 feet through a central angle of 31026'25" and being subtended by a
chord which bears South 35012'20" West 28,18 feet;
Thence South 50055'33" West 17,08 feet;
Thence westerly 11,10 feet along the arc of a circular curve concave 10 the north having a
radius of 20,00 feet through a central angle of 31047'18" and being subtended by a chord which
bears South 66049'12" West 10,95 feet; .
Thence South 50055'33" West 107,35 feet to the Point of Beginning of lhe easement herein
described;
Thence South 89048'16" West 51.36 feet;
Thence North 74011'12" Wesl273,05 feel;
Thence South 61044'41" West 65,38 feet;
Thence southerly 71,88 feet along the arc of circular curve concave to the west having a
radius of 90,00 feet through a central angle of 45045'41" and being subtended by a
chord which bears South 16008'08" West 69,99 feet;
Thence South 39000'59" West 25,13 feet;
Thence southerly 34,20 feet along the arc of a circular curve concave to the southeast
having a radius of 60,00 feet through a cenlral angle of 32039'20" and being subtended
by a chord which bears South 22041'19" West 33,74 feet;
Thence South 06021 '39" West 50,13 feel;
Thence southwesterly 240,08 feet along the arc of a circular curve concave to the
northwesl having a radius of 130,00 feet through a central angle of 105'48'48" and being
subtended by a chord which bears South 59016'03" West 207,39 feet;
Thence North 67"49'33" West 50,39 feet;
Thence northwesterly 120,79 feet along the arc of a circular curve concave to the
northeast having a radius of 280,00 feet through a central angle of 24043'02" and being
subtended by a chord which bears North 55028'02" West 119,86 feet to a point of
reverse curvature;
Thence northwesterly 154,54 feet along the arc of a circular curve concave to the
southwest having a radius of 170,00 feet through a central angle of 52005'09" and being
subtended by a chord which bears North 69009'05" West 149,28 feet to a point of
reverse curvature;
~~:IOI.rtg700Vcr.Oll.KauUet
No,uS-Ol&-I)()G..(1
Naples Fort Myers Sarasota Bradenton Tampa Tallahassee
321J{J B3i!ey Lane, Sui!e 200 Naples, Florida 34705-8507 947-549-4040 ~ 941'543-5716 rJI
www.wi/sonmilJer.com
OR: 3138 PG: 2413
WilsonMiller EXHIBIT B4
~
New OirectkJf1s In Planning, Design & Engineering PAGE 2 0 f 3
Thence westerly 149,00 feet along the arc of a circular curve concave to the north
having a radius of 658,56 feet through a central angle of 12057'48" and being subtended
by a chord which bears North 88042'46" West 148,68 feet to a point of reve'rse curvature;
Thence southwesterly 200.48 feet along the arc of a circular curve concave to the south
having a radius of 400:00 feet through a central angle of,28042'58" and being subtended
by a chord which bears South 83024'38" West 198,38 feet to a point of compound
curvature; ,
Thence southwesterly 89,67 feet along the arc of a circular curve concave to the
southeast having a radius of 720.55 feet through a central angle of 07"07'50" and being
subtended by a chord which bears South 65029'15" West 89.61 feet to a point of reverse
curvature;
Thence westerly 231.31 feet along the arc of a circular curve concave to the north
having a radius of 330,00 feet through a central angle of 40009'39" and being subtended
by a chord which bears South 82000'09" West 226.60 feet to a point of compound
curvature;
Thence northwesterly 534.66 feet along the arc ofa circular curve concave to the
northeast having a radius of 1164.47 feet through a central angle of 26018'25" and being
subtended by a chord which bears North 62036'02" West 529.97 feet to a point of
compound curvature;
Thence northerly 240,24 feet along the arc of a circular curve concave to the east having
a radius of 155,00 feet through a central angle of 88048'19" and being subtended by a
chord which bears North 08059'45" West 216.91 feet;
Thence North 35024'25" East 182,58 feet;
Thence easterly 955,07 feet along the arc of a circular curve concave to the north having
a radius of 810,00 feet through a central angle of 67"33'26" and being subtended by a
chord which bears South 84054'45" East 900,70 feet to a point of reverse curvature;
Thence southeasterly 41.47 feet along.the arc of a circular curve concave to the
southwest having a radius of 38,50 feet through a centrai angle of 61 '43'19" and being
subtended by a chord which bears South 62038'56" East 39,50 feet;
Thence South 31047'17" East 59,53 feet;
Thence southeasterly 216,74 feet along the arc of a circular curve concave to the north
having a radius of 135.50 feet through a central angle of 91038'52" and being subtended
by a chord which bears South 77'36'43" East 194,36 feet to a point of reverse curvature;
Thence northeasterly 119,05 feet along the arc of a circular curve concave to the south
having a radius of 138,50 feet through a central angle of 49015'00" anc.: being subtended
by a chord which bears North 81011'21" East 115.42 feet;
Thence South 74011'12" East 586.65 feet;
Thence South 50055'33" West 7,74 feet to the Point of Beginning of the easement herein
described;
Subject to easements and restrictions of record,
Containing 12.92 acres more or less
Bearings are based on the west line of Section 19 being South 00014'17" West.
By f\1 ~ II. ~J~ Date I A -/1 ~() I
Michael H, Maxwell, P,S,M. ILS # 4650
Certificate of Authorization # LB-43
Ref, 20-75
~I. 011100 VOl'".Ol!-K8<llJI'"'
NO:!:!...OIIl-(lO:)..()
OR: 3138PG: 2414
,
,
4
N
BY _~'1.d~L-.iLI:!1.~ '::.1L~_
MICHAEL H, MAXWELL, g;sM. LS #4650
CERTIFICATE OF AUTHORIZATION # L8-43
P,R,C, = POINT OF REVERSE CURVATURE
P,C,c. = POINT OF COMPOUND CURVATURE
""-
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SCALE 1"=200'
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(12)
NO. RADIUS DELTA ARC TANG[NT CHOR;) CHORO B[ARING
I 8.00' 37'26'25" 4,39' 225' 4.34' 535'72'20"W
2 52,00' 3 7'26'25" 28.53' 14.64' 28. 18' 5J5'12'20"W
3 20,00' 37'47'18" 71,1' 5.69' 10,95' 566'49'12"W
4 90,00' 45'45'41" 71.88' 3798' 69,99' 5 76'08'08"W L,ne Bearing Dista
5 60.00' 32'39'20" 34.2' 1758' 33. 74' 5.22'41'19"W
6 130,00' 105'48'48" 24008' 17i.93' 20739' 559' I 6'03"W. LI 519'29'07"W 4.
7 280.00' 24'43'02" 12079' 61.35 ' 17986' N55'28'02''w, L2 5,50'55'33"W. 770
8 170.00' 52'05'09" 754,54' 83.07' 149,28' N69'09'05"W. U 550'55 '33" W. 1073
9 658.56' 12'57'48" 149' 74.82' 148,68' N88'42'46"W. L4 5,89'48' 16"W. 51,3
10 400,00' 28'42'.58" 200,48' 102.39' 198. 38' 5 83'24 '38" W. L5 N.74'II'72"W. 2730
II 720,55' 07'07'50" 8967' 44,89' 89,61' 565'29'15"W. L6 5,67'44'47"W. 65.3
12 330,00' 40'09'39" 237.37' 720.63' 226,6' 582'OO'09"W. L7 539'OO'59"W, 25,1
73 1164.4 7' 26'78'25" 53466' 27213' 529,97' N 62'36 '02" W, L8 506'21 '39"W. 50. 1
14 155,00' 88'48'79" 240.24 ' 151.8' 216,91' N 08'59 '45"W. L9 N35'24'25"E, 782,5
15 870,00' 6 7'33'26" 955.07' 541,81' 900,7' 584'54'45"[ LID 5,57'08'02"[, 145,7
16 38.50' 67'43' 19" 41.47' 23,01' 39.5' 562'38'56"[, Ll7 5.37'47' 17''[, 595
17 135,50' 97'38 '52" 216.74' 139 45' 194,36' 577"36'43"[, Ll2 5. 50'55 '33" W. 77
78. 138.50' 49'75'00" 119,05' 63,48' 775,42' N87'1I'27"[ Ll3 N 6 T4 9 '33" W. 50,3
ACTIVITY ltlIHAlS/EMP, NO DATE APPROVED: Wilsbll
RESEARCH:
FIELD i'.'ORK/CRU.' CHIEF
DRAFTED: KL8/502 ".
9/01 Pl811I1ef"S . ~eers. Ecoiogisls . S\Tl'eyors. LanG
CHECKED BY MHM/204 9/01 WilsonMiller
FI[LD 6GOK/Pl,GC MICHA[[ H, MAXWELL. PSM LS4650 Naples. FortMtCfS. SUasol~
3ZOO Baiey Lane. SUte 200 . Naples, Aorida 34105-8507 . Phone 94/-{
PAGE 3 of 3
'ORARY DRAINAGE
'MENT
/
POINT OF COMMENCEMENT
NE CORNER SECTION 24
NW CORNER SECTION 19
13 18
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TEMPORARY DRAINAGE
EASEMENT
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9/2001
SCALE
CLIENT:
TITLE:
COLLIER LAND DEVELOPMENT
SKETCH OF" DESCRIPTION
TEMPORARY DRAINAGE EASEMENT
PART OF SECTION 24, T-50-S, R-25-[, & SECTION
19, T-50-S, R-26-[, COLLIER COUNTY, FLORIOA
~;Ier
-",,".ItU<.fl.C~DATE:
chitecfs . Transportation CcnSLdtanls
1"=200'
ND229
fiLE NO
:R.JSS ~[rERENCE i'ILE ~~:;
PROJECT NO,;
~!Q(l .. Tampa
. Fat 94/.64j.S715 . We'b-Si!~ WWIof.!nl$t;nrrJ'ercom
20-75
OR: 3138 PG: 2416
EXHIBIT "B-5" ,
Conceptual Sketch of
Dedicated Land to be
Included in
Lely Project
OR: 3138 PG: 2417
EXIlIIHT ns
r:~
I
r--
-"'--'::::"",
i
I
~
~
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I-J
'."'fl A I./I'f" Scale. l' . 2000' .. "
rrliSOn,ril,ier Dol;';10i15/02
~==.;=- ~0i~~f~g~~~h-~~X"...._,
:I.lo>:I_..............__"'..._, File Location
It-. ...__. ,.., _.....m.
CONCEPTUAL LOCATION
LEL Y AND LEL Y MANOR CANAL
2m
'6, - 'VI.......
-I
.1.
OR: 3138 PG: 2418
EXHIBIT "B-6" .
Memorandum of
County Regarding
Drainage
Requirements for
Lely Project
OR: 3138 PG: 2419
EXHIBIT" B-6 "
MEMORANDUM OF UNDERSTANDING:
STORMW A TER MANAGEMENT CONSIDERATIONS FOR COMPANION
DEVELOPER CONTRIBUTION AGREEMENT
WHEREAS, CDC/Developer and Collier County agree that within Two Hundred and
Seventy [270] days of the execution of the Developer Contribution Agreement containing this
Memorandum of Understanding, the parties shall enter into a Companion Agreement pertaining
solely to the Lely Project and setting forth the terms as outlined below:
I, Section [8] of the CDC PUD Ordinance No, 86-77 in Section 5.06 shall be amended to
read as follows:
A, The Developer shall cooperate with the County Stormwater Management
Department and the Big Cypress Basin Board in implementing improvements to the
Lely Canal and Lely-Manor Canal as outlined in the Coullty's Lely Area Stormwatcr
Improvement Project (LASIP), In addition, construction of the Avalon School
Outfall Canal and relief to the Fern Street drainage system shall be incorporated into
the Developer's project.
Specifically, the Developer, 'n cooperation with the County shall be responsible for
the design, permitting and construction .)f the following plimary water management
facilities and shall be reimbursed for the costs in excess of its fair share of the
construction cost.
1. Canal and Outfall Waterway improvements on:
A, Lely Canal
B, Lely.Manor Canal Western Outfall*
2, Developer agrees to construct at 100% Developer cost:
A. Avalon School Outfall Canal
B, Fern Street Relief System
B, In addition, the Developer shall agree, as a cooperative endeavor, to design, permit
and construct, according to reasonable County specifications, combined salt-water
barrier/water level control outfall spreader structurellakes near the downstream end
of the Lely Canal and the western outfall of the Lely-Manor Canal. Upon
completion and acceptance by the County, the Developer shall, by an appropriate
agreement, be reimbursed for the actual cost of constructing the salt water barrier/
water level control outfall spreader structures/lakes exclusive of any
engineering/inspection costs or costs associated with any proposed canal road
crossing that may be an extension of the salt water barrier/water level control outfall
spreader structures/lakes,
OR: 3138 PG: 2420
C. Collier County shall reimburse CDC/Developer for all costs and expenses incurred
by CDC/Developer for the design, permitting and construction of Lely Canal and
Lely Manor Canal Western Outfall reduced by the proportionate share of the CDC
PUD's share of those cost and expenses, The Companion Agreement shall determine
the basis of the rei mbursement.
D, Phasing of the construction of the proposed improvements to the Lely Canal and the
Lely-Manor Western Outfall Canal stormwater management facilities shall be
coordinated with the various drainage systems, It is anticipated that construction
will be completed one [I] year after final permitting is obtained for the amended
CDC PUD, No certificates of occupancy shall be authorized, except in the PDA
area, until all associated improvements to the Lely Canal or the Lely-Manor Western
Outfall Canal (whichever is appropriate) have been constructed by the Developer
and approved by the County,
E, The Developer shall provide the County with appropriate easements associated with
the above-described proposed Lely Canal and Lely-Manor Western Outfall Canal
stormwater management facilities, including the salt water barrier/water level control
outfall spreader structures/lakes, in order for the County to properly operate and
maintain said facilities, The easements shall provide the County with appropriate
access to maintain those easements, The County will rcimbursc Developer ror the
easements that shall be provided within three [3] years of either the Developer's
construction of the Lely Canal and Lely-Manor Western Outfall Canal stormwater
management facilities, ineluding the salt.water barrier/water level control outfall
spreader structures/lakes, the platting of the property, or the County's written request
for the easement dedications, Valuation shall be based upon an appraisal as set forth
in the Land Development Code, The parties shall determine the date of valuation
within the Companion Agreement.
F, As the above considerations relate to the LASIP improvements within the
boundaries of the CDC, it shall be understood to relate to those improvements
deemed appropriate by the approved permits issued by SFWMD and the USCOE,
G, In the event of a dispute, the County's Alternative Dispute Resolution Procedures
shall be utilized,
H, The County's share of the costs of construction of the Lely Project shall be
reimbursed to CDC/Developer within sixty [60] days of completion of the
constructi on,
*Cooperative effort with County, Lely Estates, Inc, and Texas Industries Corp. or assigns,
OR: 3138 PG: 2421
...., ~';""", '-.,
AS TO COlfNTY;
Alles!: .,,~. - t- ," .....
DateJ: i 0 J ~; (j d~. '.:, ,
DWIGHT '.BR CK~ c;l~rk . ;
, ,';~ Attest,~:J)a; Ch~jl'1ll4n~$
.f" ~. ';,~,lgMt!jr~~'Hr)lJn... 11 ~
By~VJ\,l...C'~l4.),\......
'.....
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, A
POLITICAL SUBDIVISION OF THE
STATE OF f1.B~ID~/ ..-.
" n~'l
By: /~'" '.
JAMES N, COLETTA, Cliairman
AS TO COLLIER LAND DEVELOPMENT:
WITNESSES:
Pri",N'm' \tc 0"l""1
~, ft k.---
Signature .
Print Name: ~A-rtill'_y'N k.,~ELL
Signat~ ~~~ ~/~~
By: .. --=:::.. 1"'-
JEFFREY M..BIRR, Vice President
Title: "
STATEOFFLORlDA
COUNTY OF COLLIER
The foreninb instrument was acknowledged before me this J (ff day of~, 2002,
by rP:F~IZK,( . 112IL, on behalf of r!.tJU-II:/l.U:JNf"l DIZ.VCLIJlll'fJt~/V'f 4Ca(n)
CorporatiQIlfCompany, On behalf of the corporation and limited
liability company, fu/~ is [ ] persefl8.lI) kJi61.'Ji l~l+le, or [y.1las produced driver's license no,
(L Da,v'c'(( LlceNre- as identification, ~fk "jW
NOT AR PUBLIC [
(SEAL)
Name: !<!A1/:lrf- 'f AI 11. /rIa-L
(Type or Print)
040..~Y PlIo(.. ~::J.u.SEAL
~w... ~ CO.\ofMISSIOHNLP.JBER
~~~_$ CC9I$483O
~OFfl,.Oq:. UY~~~RES
My Commission Expires:
JHR1Collier Development/Memorandum of Understanding
OR: 3138 PG: 2422
EXHIBIT "c"
Engineer's Estimate
of Probable Costs
~~~~1002. l005~J V<'I 04' LFIORA
Nn:::?9.0:::::.00\ l:' l:;llC ~ Hi2;.'
OR: 3138 PG: 2423
EXIiI BIT C
PAGE 1 of 8
Thomasson Drive and Xeric Lane
Engineer's Opinion of Probable
Costs of Roadway Construction and Improvements
Associated with the Public Roadways
Prepared For:
Collier Land Development, Inc.
3003 Tamiami Trail North, Suite 400
NaRles,F~ 34103
Prepared By:
Wilson Miller, Inc.
3200 Bailey Lane, Suite 200
Naples, FL 34105-8523
October, 2002
~~HJBFo~ 8 OR: 3138 PG: 2424
Engineer's Opinion of Protable Cost, 10102
\\'ilsonMilIel', Inc. Drawing File No's D-0229-48 and 0-0229-58
Total Cost County Portion (%) County Portion ($)
Xeric Lane $229,638 50% $114,819
Thomasson Drive Phase I $744,771 75% $558,578
Thomasson Drive Phase 2 $],260,110 75% $945,083
Retention / Outfall $171,011 725% $123.<)()7
FDOT - US 41 $379,512 75% $284,634
Engineering / Surveying / Permitting / Certification $270,000 725% $195,750
Total
$3,055,062
$2,222,861
Assumptions:
I, Unit prices were taken from contractor's contract,
2, For the FOOT portion, the Clearing & Grubbing, Excavation & Embankment, and Striping &
Signage prices were assumed to be 30% of the total contract cost.
3. The Retention / Outfall costs do not include the cost ofland.
4, The Engineering / Surveying / Permitting / Certification projection is based on approximately
9 7% of construction costs for Xeric Lane, Thomasson Drive Phases 1 and 2, Retention / Outfall
and FDOT - US 41,
5. The County Portion Percentages were furnished by Collier Enterprises on 10/7/02 based on their
agreements with Collier County,
JOHN C, ENGLISH, p,E.
LICENSE # 56171
WILSON MILLER, ING-FLlIC. #LG,CDDD17D
~~~.
Eng Ish, P.E.
John C
License No. 56171
1011G12002. 1$106578 '14.( l't,ORA
rlO:?:?9.0:2:'.OOl.ESDC
EXIIIBIT C
PAGE 3 of 8
Engineer's Opinion of PI'obable Cost, 10/02
WilsonMillcr, Inc. Drawing File No. D-0229-48
Xedc Lane
OR: 3138 PG: 2425
Ilel1l Units Quantity Unit Price Towl Price
E:m Il\rork
Fill CY 10,027 $(,50 $CiS.175.50
111,1;111 <I: ~laillwill Sill Felice LF IJ,(,O $1.25 ,~2.0X2.55
Suhtotal $(.7.2SN.05
Paying
I" T, pc S-III Asphall SY 2.1)20 $2.(,5 $7.nXOO
3" T, pe S.I Asphalt SY 2,920 $6,70 $19.56400
101t Limcrock Base SY 2,920 $6,75 $19,710.00
12" Stabili/ed Subcrade SY 3.550 $1.10 $3,905,00
T, pc "F" Cllrb LF 1,(,25 $695 $IUOI I~
FDOT p.(, lulets EA (, $1.750,00 $10.500.00
-i" Concrete Sidc\\,;llk (()l wide) SF 9.DOn $1.85 $17,91~91
Strininc IIherIlIOnl:l1ic) LS I $2,950.otl $2,95tlOO
Reloeatioll of Existing FPL Pole LS I $6,000,00 $("OOO.O()
Snhlfl'al S99.583,1I5
510nn Dr;linagc
2-1" RCP LF 513 $1(,.21 $X,) 15.7'>'
30" RCP LF 3G-i $1802 $6,559,28
Curb Inlel. Type P.6 EA (, $2,010.00 $12,OW.OO
2-1" Mitered End Section EA 2 $7(,7,00 $1.53-100
Rip.Rap SY 35 $2650 $927.50
Suhtotal 529,3%,51
Lightiog
30' Street Light Poles EA 5 $4.500,00 $22,50000
Suhtota' $22,5011,110
Landscaping .
Sod SF 8,000 $0,30 $2AOO.oO
Irrigation LS I $8,500,00 $8,50000
Subtotal $10,900,00
Total
$229,638
1Cr/16/2002. #IU6578...4 tFlORA
t:n:;;g ()~:' Gill f~'.O(
EXHIBIT C
PAGE 4 of 8
Engineer's Opinion of Probable Cost, 10/02
WilsonlVliller, Inc. Drawing File No. 0-0229-48
Thomasson Drive Phase I
OR: 3138 PG: 2426
Item Units Qnantit" Unit Price Total Pricc
Eanh\l'Ork
Fill CY 22.5(,0 $(,,50 $1-1(,,(,-10.00
Install /(; Mailltain Silt Fencc LF 1.(,(,1) ,. $1.25 $2,OX2,55
Suhtotal SI-lS.722.~~
Pa\lllg
I" Slnlctllr;d COllI"" IT\j)c S.III) SY n.S})2 $2JJ5 $,)).~1)2.:)()
1" Stnrctural Course (T\'pe S) SY \],582 $(',70 $90,999.-10
10" Lirrrerock Base SY 11,582 $(',75 $91,7-10,2-1
I 2" Stabd i/,ed Sub~r;rde SY !(J,.l(J{) $1.10 $17,9,1t)l)0
Tme "F" Cllrb LF -1.-120 $(I.I)S S:;o.7.1IFO()
FOOT P.5 10lelS EA 5 $1.750,00 SX,750,00
FOOT p.(, Inlcts EA 5 $1. 750,00 $X,750,01l
-f." Concrete Sidcw;lIk to' \\'idc) SF 11,7-10 $I,X5 S25,-IX 1-15
Striping (thermoplastic) LS I $9,950,00 $9,950,00
Si~n;lL',C LS I $ L 100,00 $1.100,00
Relocation of E,isting FPL Pole LS I $ 1.500 00 $1.500.110
Suhtotal 5322,9:
Storm Drain:l!!c
15" RCP LF 60 $1(,21 $972,W
18" RCP LF 2211 $IX,02 $J,9I>-I,tJl)
2-1" RCP LF 3-1(, $2(',-11 $9.117,55
-18" RCP LF 138 $93.31 $12,S7(),7X
5-1" RCP LF 952 $110,73 $]05.-11-1,96
Curb Inlet, TI'De P.5 EA 2 $1.700,00 $3.-100,00
Curb Inlet. Type P.6 EA 4 $2,0]0,00 $8,0-10,00
Curb Inlet. TI'De J.5 EA 3 $3,35000 $10,050.00
Curb Inlet. Type J.6 EA ] $3,060.00 $3,060,00
Junction Bo, EA 3 $1,700.00 $5,100.00
5-1" Concrete Head\l'all EA I $1,600,00 $1,60000
Subtotal $163,615.89
Landscaoine
ROW Landscaping MI 0,2] $300,000,00 $69,000,011
Subtotal S69,II00,Oll
LiolninQ
30' Street Lioht Poles EA 9 $000,00 $-10,500,00
Subtotal s..tn ,5Of' H(\
~
Total
S74-1,771
lG11r,;I:'OOl. "106576. v4 l FLORA
~:a:.:'::'9 o~:' OQ\ E$OC
~~~~B~TO~ 8 OR: 3138 PG: 2427
Engineer's Opinion of Probable Cost, 10/02
\VilsonMiller, Tnc. Drawing File No. 0-0229-58
Thomasson Drive Phase 2
Item Units Qnantity Unit Price TOlal Price
Earl h\\'ork
r:ill CY -17.111111 $CI.5o $,,115.51111,110
1I1st;1I( ;Jlld l\{aill{;Jin Sill FCl1c~ LF -1.11211 $i.'5 $5,11-13,27
Clearing AC -I - $2.1,(,1,.\,1 $~,3IS,01l
Stripping Topsoil. -I" CY -I,j~0 SUo $(,,-12(,,(10
Like E.\C;l\'alioll to Plan Fills CY ~ 7..1()) $1(,0 S75,7X-l,IIO
f7il1ishiu!.! 100..2" AC ~ $7X5,11I1 $(,.1.72,511
Backlilllslallds and Mcdians CY 3.595 $-1,10 $14,73~,SII
Suhtotal S-I23,-I80.27
.-
Paying
RelllO\':l1 of E"islin~ ASlJhail SY 1.574 $3.1111 $4,7"0,00
fllslall Berm Lr: .;00 $11111,011 $30.111111011
~1()T I,S I $".OOll (}Cl $,':;.()(Hl,(HI
I" Slmclllr:lI COllrse (1\pe S.III) SY 15.550 $2.(l.", $41,207,)0
.," Slmclur;J! lomsc (r~ [)~ S) SY 170-11 .'trJ7() $11-1,174.70
10" Lilllcrock Base SY 17,()-I I $(',75 $11-I,~N2~
12" Stabilized Snbgrade SY 20,300 $1.10 $22,330,00
T\'pe "I''' Curb LF ~,01l0 $(,95 $('2,S90,~1
FOOT p.(, Inlet EA 10 $1.75000 $17,SOOOO
4" Concreto Sidewalk SF 33,200 $1.85 $6 L570, 91
Striping (thermoplastic) LS I $8.500,00 $8,500.00
Si ,nage LS I $500,00 $500,00
Relocation of Existing FPL Pole LS I $6,000,00 $6,000,00
Subtotal S-I89,045,31
Storm Drainage
IS" RCP LF 215 $16,21 $3.485,15
18" RCP LF 615 $18.02 $11.081.18
24" RCP LF 638 $26.4 I $16,8-19,00
30" RCP LF 1.092 $35,72 $39,()()425
Curb Inlet, Type P-6 EA 10 $2,01000 $20,10000
Grate Inlet, Tyue C EA 5 $1,200,00 $6,00000
Junction Box EA 4 $3.400,00 $t3,600,00
Contlict Box EA I $4,10000 $4,100,00
18" Mitered End EA 4 $650,00 $2,600,00
30" Mitered End EA 3 S980,OO $2,940.00
RiD-Rap SY 50 $26,50 $U2S,OO
Subtotal S 12I,1I84,59
Landscaping
ROW Landscaping MI 0.47 $300,000,00 $141.00000
Sublotal S141.1I110.1I11
10/'oI200~ - -"106578 vol LFlORA
NC2:'002:?001.ESDC
Engineer's Opmion of Probable Cost, 10/02
WilsonMiIler, Inc. Drawing File No. 0-0229-58
Thomasson Ddve Phase 2
EXII! BITe
PACE 6 of 8
Iklll Units QUl1nlit\' Unit Price Total Price
Li~lltint!
,Il' Slrcct L.i~hl Poles EA 19 $-UI)(I,()() $B5,500,OO
Suhtotal ,. S85.500,OO
Total
SI.2i>1t.110
OR: 3138 PG: 2428
IOI'ti!;'::OO~. 1:105$78 v<l.[ r.: (>IU,
~W::::!'1 ,):'.:' 001 ES[ir:
Engineer's Opinion-of Probable Cost, 10/02
Wilsonl\lilIcr, Inc. Drawing File No. 0-0229-48
Retention / Outfall
EXHIBIT C
PAGE 7 of 8
111.':111 lJnits ()1I;1II1il~' IJrlil PricL: Total Pric~
bC:l\'aIion &. Mobili/c Fill
Collier COlln1\ I1Ia~liJ1!-! Permit Ae 11.-1 $2-1:;,1\11 $2,7'),1,11
BIi1~lillg Notices LS 1 $I.071\.IHI $1,1\71\,11
t\lass Drilling &. BI;ISlillg Ae 8 . $11,1)00,1\0 $11\7.251UI
Lake E.'\ca'";lliolllO Plilll Fills CY 12-1..1(,:; $1,(,1\ $1 ~8. ~X-I,1\
LIke EXC;l\'alioll (1).1 (HIll') or 10 Stockpile CY 12(,,(,20 $1,11\ $1(,-1,(,1\(,1\
Suhtotal $-17-1.703,0
01111;111 Drainage
1.J" ReI' LF :;1\-1 $2(,-1 I $13..1111,1
JllIlclion 8m; roll 1 $1,-I1I0,1\1\ $(I.X()(l.()
Conlrol SlruclllrC EA I $",3(HI,OlJ $.l..l()().u
24" Concrete HC:ldn'alJ EA I $1,IHIO,1\1\ S 1,IHHI.1\
Rip-Rap SY 90 $2(,,51\ $2.1X:;.II'
tv1ilcrcd Eod Section EA 2 $7(,7,00 $1.53-1,01
Suhtotal $28.319,1 :
- 3-1% of Total Outfall Costs
SJ7J,tl3
OR: 3138 PG: 2429
10/1tJ/:.'ml2. tllOo57ti ~4 I H3Jl-/A
t;II....'1(J:':O()ff',()(
Engineer's Opinion of Probable Cost, 10/02
WilsonMiller, Inc. Drawing File No, D-0229-48
FOOT - US 4\
EXHIBIT C
PAGE 8 of 8
Item Units Qtlami!)' Utlil Price TOI"I Price
Earllmork
;\!ohili/:llioll I.S 1 ~I,I.':W 1111 '\: 1 I ':;:~ll 0(1
..------ ----- --.... _._----~_. .-..-
\bll1h:Il;IlIL': of I'r:llfi-.; I,;; 1 $11.:,511,()() ~ II.SS[) {)Il
('k;lrillg ;11lt! (inlbhlll!! I,S 1 . ~4,X,OOO ~.),X>O,llIl
EXC<l\aliot1 ;llld E1nballklllCIlI LS 1 $1 U5o,OO $11.550,00
Suhtotal S-l2..J511,OIl
Padllg
12" Stabilized Stlbvradc SY 1.127 nS5 $5,127~5
(," ABC.III ASDhall (I':I\'el SY I.OJlJ $15.40 $!("llIlIl,(,O
2 In" S-I Asph,,1t (P"\'e) SY Lln~ $(1.35 $(l.507.o5
I 1/2" S-I ASDhall (,\'lJllcd Arc,,) SY -J.Jl()(1 $'),25 S 1~>.:'n().S()
I" FC,., SY 5,705 $J.75 52 J..')t)."\, 75
2" i\.lillin,!! or E.\iSliJl~ .-\Spl1;1I1 SY -!-(lMl $~_~{l S I :'.JIJ7.X{)
T\ pc E Curb LF 2X() $:.(1)':; S~.:=;5{J.7(}
~~--_.~,-
Suhltltal SX(,.t)o7.S:"
Storm Drainage
1(," RCP LF c;:n $().t~5 $_Hl.t)l)n t}5
T\De J.~ M:lllholc W x ]5') EA I $(,51111111 $('.5 ,
W'MES EA ] $2,') 15,IIll $7,2')5,1l1l
Suhtotal 554.736.95
Mise,
6' Gr3\'it\' Wall LF 50 $&925 $.).462,50
Aluminum Handrail (Bicycle) LF 50 $3675 $1.~3750
S!rinine and Sienaee LS 1 $3A65,OO $3.46500
Sodding (Bahia) SY 1,620 $j.jO $2,26R,OO
Signalization LS I $1~],]R'), JO $IR],,1R4,IO
Sulllotill 5195.417,JII
Total
5379,512
101161::002.11"106578 ,,4 U'i..ORA
NO:;:;!)-O:::.OD1ESDC
OR: 3138 PG: 2431
EXHIBIT "D"
Ledger for Road
Impact Credits
for Cash
OR: 3138 PG: 2432
EXHIBIT "D" COLLIER LAND DEVELOPMENT, INC. CASH PREPAYMENT
ROAD IMPACT FEE CREDIT LEDGER FOR RATTLESNAKE HAMMOCK
REALIGNMENT
IMPORT ANT: This Roud Impact Fce Credit Ledger is intended to
DUl.;UmCnl the balance of Road tmpad Fcc Crct.lil~ ~pplying ONLY
to th~ fullO\ving propcrtY'lkscribcd in Exhibit "A~ I" ;Jttachc:u hereto::
BEGINNING BALANCE $2,222.861.00
DATE PERMIT NO, ROAD IMPACT IMP ACT FEE County Developer
FEES DUE CREDIT Official Representative
BALANCE' (Signature) (Sil!nature)
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
WilsqnMilJer"
New Directions In PJJnninl}. Design & Engineering
OR: 3138 PG: 2433
EXHIBIT A
PACE 1 of 5
Description of all of Section 25 and part of Sections 23, 24, 26, and 36,
Township 50 South, Range 25 East
and part of Section 19, .
Township 50 Sou'h, Range 26 East
Collier County, Florida
All of Section 25 and part of Sections 23, 24, 26, and 36, Township 50 South, Range 25 East and part of
Section 19, Township 50 South, Range 26 East Collier County, Florida being more particularly described as
follows:
Section 19, Township 50 South, Range 25 East Collier County, Florida, lying south and west of State Read
90 (U.S. Highway 41.. Tamiami Trail); _
LESS those lands described in O.R. Bock 2605 page 2481:
Lands described in O.R. Book 2605 paoe 2481. stipulated order of takino:
That portion of the south 1/2 of Section 19, Township 50 South, Range 26 East Collier County,
Fiorida.
Being described as follows:
Commence at the southwest comer of said Section 19, North 88019'24" east 1315.118 meters
(4,314.68 feef) to the survey baseline of Slate Road 90 (U.S. 41); thence along said survey
baseline, North 39001'59" West 19.173 meters (62.90 feet); thence South 88019'24" West,
19.173 meters (62.90 feet); thence South 88019'24" West 57.518 meters (188.71 feet) to the
westerly existing right of way line of sai~ State Road 90 (per Section 03010-2216) for a POINT
OF BEGINNING; thence continue Soufti 88019'24" West 152.400 meters (500.00 feet); thence
NorJ] 01"40'36" West 50.720 meters (1G6.40 feet); thence North 88019'24" EasL 113.683 meters
(372.97 feet) to said westerly existing right of way line; thence along said westerly existing right of
way line, South 39001'59" EasL 63.809 meters (209.35 feet) to the POINT OF BEGINNING.
Containing 6747.8 square meters i1.667 acres).
Bearings are based on the south right-of-way I'ne of US 41 being South 39001'59" East
Beino Beller Described as follows:
All that part of Section 19, Township 50 South, Range 26 EasL Collier County Florida;
Being Described as;
Commencing at the southeast comer of said Section 19;
thence along the south line of said Section 19, South 88010'01" West 657.39 feet to the survey
baseline of State Road 90 (U.S. 41 );
thence continuing along the south line of said Section 19, South 88010'01" West 188.42 feet to the
westeriy right of way line of said State Road 90 (U.S. 41);
thence along said right of way line North 39004'27" West 62.81 feet to the Point of Beginning of
the Parcel herein described, said point being the north line of a drainage easement as recorded in
O.R. Book 2605, page 2482;
thence along said line South 88.10'01" West 500.00 feet;
thence leaving said line North 01.49'59" West 166.40 feet to a point on a lioe lying 166.40 north
of and parallel with the north line of a drainage easement as recorded in O.R. Book 2605, page
2482;
thence along said line North 88.10'01" East 373.51 feet to the westerly right of way line of said
State Road 90 (U.S. 41);
thence along said right of way line South 39'04'27" East 209.02 feet to the POINT OF
BEGINNING of the parcel herein described.
Containing 1.67 acres.
N::Jples Fort Myers Sarasat;J Tampa Tallahassee Panama City Be:Jch
3:lDJ B:Jifc'Y L3nt!, Sui/a 200 NJplcs, FJorid.J 34705 941-649~4040 ~ 9-11-6-13-5716 (J
~l. WIlla \1-:0'11. ~ WMfW. wiJsonmiller.r:om
NO:::":l-Olaexu..O
m'~ 11~'lCCOi){)I)O
WilsanMiJ/er
.
New Directions In Pb,minQ. Design & EnrJineering
OR: 3138 PG: 2434
EXHIBIT A
PAGE 2 of
SUBJECT TO a drainage canal easemeni (Walker Canal 120 feet wide) .. extending from the southwesterly
right way - of.. way of State Road 90 (U.S, Highway 41 Tamiami Trail) to the west line of said Section 19,
as recorded in O.R. Book 157, page 269 of said public records;
ALSO SUBJECT TO a Florida Power & Light Company transmission line easement (110 feet wide)
extending from said southwesterly right way .. of.. of Slate Road 90 to the south fine of said Section 19 as
recorded in O.R. Book 194, page 601 of said public records;
ALSO SUBJECT TO a drainage easement (SO feet wide) lying over and across a portion of the south 50
feet of said Section 19 as recorded in OR. Book 532, page 120 of said Pubfic Records;
AND ALSO SUBJECT TO any easements, restrictions, reservations or rights.. of _ way of record.
Containing 247.09 acres more or less.
AND
Section 24, Township 50 South, Range 25 Eas~ Collier County, Florida, lying south of State Road No. S-864
(Thomasson Drive) and lying south and west of State Road 90 (U.S. Highway 41 Tamiami _ Trail);
EXCEPTING THEREFROM the north 1891.01 feet of the west 1290.01 feet of said Section 24;
SUBJECT TO a Florida Power & Light COlnpany ease<nent as recorded in OR. Book 857, page 1037 of the
Public Records of Collier County, Florida;
ALSO SUBJECT TO a right of way easement for public road as recorded in O.R. Bock 1345, page 908 of
said public record
ALSO SUBJECT TO a utility easement as recorded in O.R. Bock 1346, page 1693 of said public records;
AND ALSO SUBJECT TO any easements, restrictions, reservations or rights way of record;
Containing 599.72 acres more or iess.
AND
Section 25, Township 50 South, Range 25 EasL Collier County, Florida;
SUBJECT TO any easements, restrictions, reservations or rights .. of.. way of record;
Containing 657.07 acres more or less.
AND
The Southwest One Quarter of Section 23, Township 50 South, Range 25 EasL Collier County, Florida,
EXCEPTING THEREFROM the waters of Tide Creek;
ALSO EXCEPTING THEREFROM the fOllOwing described parcel;
Beginning at the west 1/4 comer of said Section 23;
thence along the east-west 1/4 section line of said Section 23 North 89"29'20" East 1384.95 feet;
thence South 00"32'30" East 200.00 feet;
a-::lII:ClOl.llIlI!Ile"'c.-.OH_~
~
~II-Oa).-O
Page2
WilsonMiJ/er
r
New Directions In Pl:mninp- Dt!:Sign & Engineering
OR: 3138 PG: 2435
EXHI BIT A
PAGE 3 of 5
thence South 89"29'20" West 916.48 feet;
thence South 00"06'08" East 453.00 feet;
thence South 89"29'20" West 470.01 feet to the west line of said S~on 23;
thence along said line North 00'06'06' West 653.00 feet to the Point of Beginning of the parcel herein
described.
Containing 150,39 acres more or less.
AND
A tract or parcel of land lying in Section 23, Township '50 South, Range 25 easL Collier County, Florida, being
more particularly described as follows:
Commencing at the west 1/4 comer of said Section 23;
thence along the east-west 1/4 section line of said Section 23 North 89'29'20" East 1:J84.95 feet to the Point of
Beginning of the parcel herein described;
thence North 00'32'30" West 357,45 feet;
thence North 89"24'46" East 300.00 feet;
thence South 00"32'35" East 60.00 feet;
thence North 89'24'46" East 980.26 feet to the north-south 1/4 section line of said Section 23;
thence South 00042'05" East 309.14 feet to the center of section of said Section 23;
thence along the east-west 1/4 section line of said Section 23 South 89'29'20" West 1281.12 feet to the Point
of Beginning of the tract or parcel herein described.
Parcel Contains 9.48 acres more or less.
SUBJECT TO any easements, restrictions, res'';rvati?ns or rights _ of _ way of record;
AND
Lots 70, 71 and 91, Naples Groves and Truck Co's Uttle Fanus No.2 as recorded in Pial Bock 1, page 27,
Public Records of Collier County, Florida;
Parcel contains 30,68 acres more or less.
SUBJECT TO any easements, restrictions, and rights-of-way of record.
AND
A tract or parcel of land lying in Section 26, Township 50 South, Range 25 East Collier County, Rorida,
more particularly described as follows:
The west 1/2 of said section 26;
AND
The southeast 1/4 of said Section 26:
AND
The southwest 1/4 of the northeast 1/4 of said Section 26;
AND
The southwest 1/4 of the southeast 1/4 of the northeast 1/4 of said Section 26;
SUBJECT TO AND TOGETHER with an egress easemenL ingress - 60 feet wide, lying 30 feet on each side
of the west line of the aforesaid fraction of a section as recorded in 0, R. Book 283, page 359, Public
Records of Collier County, Florida;
Parcel contains 550.88 acres more or less.
~.l>OIlllOVr.O'l-~
-
NO::S-of&.<<n.;o
Page3
WilstJnMiJ/er
.
New Ditroions In PlJnnfnr;, Design &; Engineering
OR: 3138 PG: 2436
EXHI BIT A
PAGE 4 of 5
Subject to any easements, restrictions or rights-of-way of record.
AND
A tract or ~rcal of land lying in Section 36, Township 50 South, Range 25 East, Collier County, Florida,
more particularly described as follows: _
Beginning at the northeast comer of said Section 36;
thence South 00"18'30" West along the ~t fine of said Section 36 for 1518.00 fee~
thence North 87"28'25" West 5329.09 feet to a point on the west fine of said Section 36;
thence along the west fine of said Section 36 North 00'19'40" East 1254.00 feet to the north fine of said
Section 36; ,
thence along the north fine of said Section 36 North 89"41'10" East 2665.95 feet to the north quarler comer of
said Section 36;
thence continuing along said north fine North 89"41'16" East 2659.04 feet to the Point of Beginning.
SUBJECT TO any easements, restrictions, reservations or rights - of - way of record,
Containing 169.43 acres more or 18<:$.
Bearings are Based on the Southwest Right-of-way of US 41, being South 39004'27" East (per State
Plane Cocrdinate System, Florida East Zone, NAD 83 Adjustment)
Total Parcel contains 2414.74 acres more or less.
WilsonMiller, Inc.
/11ML/J (& fh~a "
Michael H. Maxwell, PS #4650
Not valid unless embossed with the Professional's seal.
Ref. 40-112
PIN: N022~H)10
Dale: October 10, 2001
Revised: October 10, 2002
r.::v.:ao\-Qo'le1elo'tr.01l-Ll::::.4
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m sa ATTACHeD FOR LIGAl. DeSCRIPTION ou f~
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I - 1_..,_____'_..,'.:Ul.",.~ _"_1'>"'_
- Oll. -, -......... _____-......-_..~ ... Nor ). SURvry ,..
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---- -
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::..:,..~-::..'::=...:;~..:.
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::~:..::=:=-=-n:, ~-;-:...."'"
::-....::=.=-.. ...._u:._IJ'f..
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lilii
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--'"--.---
-,",
----......'---..............,&.."'__ .. 10M,,""}
_~_1"''''
OR: 3138 PG: 2438
=- -:ls~S::;;~ =- -:w::;:. -:- "~l~'"
:::::.::-::. =--~=- Ioill-=.:,,::, ~.::.::.;:....
:::::-e-:::.:.:::.... - - -... --
II_ _c:-..__._"",-,. c--"_r-. ,__""'-
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~=-:-__"_Zl.J'C.'" .......:---- ....:..::..:::...
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~..:;""'..:....~::::..7.,:1"':.i=.. =====..-..::,- ~
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a-.ctl'Jl>_lllQWlo..__
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5K[7CH or D[SCRIPTION
....-n__..~2J."-lI_.... ____.._.....n_
-...._..~.....J<Jto.c.'-"Ioo~~
ColIier Cnlerprrse Froperlin
OR: 3138 PG: 2439
EXHIBIT "E"
Ledger for Construction
Contribution
OR: 3138 PG: 2440
EXHIBIT "E" COLLIER LAND DEVELOPMENT, [NC. CONSTRUCTION COSTS
CASH REiMBURSEMENT LEDGER FOR RATTLESNAKE HAMMOCK ROAD
REALIGNMENT
tMPORT ANT: This Road Impact Fee Credit Ledger is intended to
Document the balance of Road Impact Fee Credits applying ONLY
to the following property described in Exhibit "A-I" attached hereto:
BEGINN[NG BALANCE: $[,503,660.00. This Road Impact Fee Reimbursement
AlI/oulIl is 1101 a\'ai/able ulltil all roadways subject 10 Developer COlltriblllio/l Agreemelll
(/re completed, accepted by Ihe CoullIy and open to Ihe public. Tize rwo [2J roadways
"lid improl'emelllS SlIbjecl to final completioll before reimbursemelll are: T!lOlI/maS(J/l
Dril'e, Xeric Lane, Relelllioll/Oulfall alld FDOT - US 41lmprol'ements as set./i".tiz ill
Developer Contribution Agreement.
DATE PERMIT NO. ROAD IMPACT IMP ACT FEE County Developer
FEES DUE CREDIT Official Representative
BALANCE (Signalure) (Signature)
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
WilspnMiller"
New Directions In Punning Design & Engineering
OR: 3138 PG: 2441
EXHIBIT A
PAGE 1 of 5
Description of all of Section 25 and part of Sections 23, 24, 26, and 36,
Township 50 South, Range 25 EasL
and part of Section 19,
Township 50 South, Range 26 Eas~
Collier County, Florida
All of Section 25 and part of Sections 23, 24, 26, and 36, Township 50 South, Range 25 EasL and part of
Section 19, Township 50 South, Range 26 EasL Collier County, Florida being more particularly described as
follows:
Section 19, Township 50 South, Range 26 EasL Collier County, Florida, lying south and west of State Road
90(U.S. Highway41 - Tamiami Trail);
LESS tilOse lands described in O.R. Bock 2605 page 2481:
L1lnds described in OR. Book 2605 paqe 2481, stipulated order of takinq:
That poriion of the south 1/2 of Section 19, Township 50 South, Range 26 EasL Collier County,
Fiorida.
Being described as follows:
Commence at the southwest comer of said Section 19, North 88019'24" easL 1315.118 meters
(4,314.68 feet) to the survey baseline of Slate Road 90 (U.S. 41); thence along said survey
baseline, North 39'01'59" WesL 19.173 meters (62.90 feet); thence South 88019'24" West,
19.173 meters (62.90 feet); thence South 88'19'24" West 57.518 meters (188.71 feet) to the
westerly existing right of way line of said State Road 90 (per Section 03010-2216) for a POINT
OF BEGINNING; thence continue South 88'19'24" WesL 152.400 meters (500.00 feet); thence
NorJ1 01'40'36" WesL 50.720 meters (166.40 feet); thence North 88'19'24" EasL 113.683 meters
(372,97 feet) to said westerly existing right of way line; thence along said westeriy existing right of
way line, South 39001'59" EasL 63.809 meters (209.35 feet) to the POINT OF BEGINNING.
Containing 6747.8 square meters (1.667 acres).
Bearings are based on the south right-of-way line of US 41 being South 39'01'59" East
Beine Better Described as follows:
All that part of Section 19, Township 50 South, Range 26 EasL Collier County Florida;
Being Described as;
Commencing at the southeast comer of said Section 19;
thence along the south line of said Section 19, South 88010'01" West 657.39 feet to the survey
baseline of State Road 90 (U.S. 41);
thence continuing along the south line of said Section 1'9, South 88010'01" West 188.42 feet to the
westerly right of way line of said State Road 90 (U.S. ~ 1);
thence along said right of way line North 39'04'27" West 62.81 feet to the Point of Beginning of
the Parcel herein described, said point being the north line of a drainage easement as recorded in
O.R. Book 2605, page 2482;
thence along said line South 88'10'01" West 500.00 feet;
thence leaving said line North 01'49'59" West 166.40 feet to a point on a line lying 166.40 north
of and parallel with the north line of d drainage easement as recorded in O.R. Book 2605, page
2482;
thence along said line North 88'10'01" East 373.51 feet to the westerly right of way line of said
State Road 90 (U,S. 41);
thence along said right of way line South 39'04'27" East 209.02 feet to the POINT OF
BEGINNING of the parcel herein described.
Containing 1.67 acres.
Naples
Fort Myers SarasDta Tampa Tallahassee Panama City Beach
3200 Boilcy une, Suile 200 N3plas, Flaflt1:J 3-1105 9~ 1.649-4040 U' 9-1/-643-5116 [J
www.wilsonmiller.com
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WilsgnMiller
New Dirraions In Pf:mninO, Design & Engineering
OR: 3138 PG: 2442
EXHIBIT A
PAGE 2 of 5
SUBJECT TO a drainage canal easemeni (Walker Canal 120 feet wide) - extending from !he sou!hwesteriy
right way - of - way of Stale Road 90 (U.S. Highway 41 Tamiami Trail) to the west line of said Section 19,
as recorded in O.R. Book 157, page 269 of said public records;
AlSO SUBJECT TO a Florida Power & Light Company transmission line easement (110 feet wide)
extending from said southwesterly right way - of - of State Road 90 to !he south fine of said Section 19 as
recorded in O.R. Book 194, page 601 of s~id publie records;
AlSO SUBJECT TO a drainage easement (50 feet wide) lying over and across a portion of the south 50
feet of said Section 19 as recorded in O.R. Book 532, page 120 of said Public Records;
AND AlSO SUBJECT TO any easements, restrictions, reservations or rights _ of _ way of record.
Containing 247,09 acres more or less.
AND
Section 24, Township 50 South, Range 25 East Collier County, RD<ida, lying south of State Road No. S-i364
(Thomasson Drive) and lying south and west of Stale Road 90 (U.S. Highway 41 Tamiami _ Trail);
EXCEPTING THEREFROM the north 1891.01 feet of the west 1290.01 feet of said Section 24;
SUBJECT TO a Florida Power & Ught Company easement as recorded in O.R. Book 857, page 1037 of the
Pubiic Records of Collier County, Florida;
AlSO SUBJECT TO a right of way easement for publie road as recorded in O.R. Book 1345, page 908 of
S<Jid public record
AlSO SUBJECT TO a utility easement as recorded in O.R. Bock 1346, page 1693 of said public re--...ords;
AND AlSO SUBJECT TO any easements, restrictions, reservations or rights way of record;
Containing 599.72 acres more or less.
AND
Section 25, Township 50 South, Range 25 EasL Collier County, Florida;
SUBJECT TO any easements, restrictions, reservations or rights _ of - way of record;
Containing 657,07 acres more or less.
AND
The Sou!hwest One Quarter of Section 23, Township 50 South, Range 25 EasL Collier County, Florida,
EXCEPTING THEREFROM the waters of Tide Creek;
AlSO EXCEPTING THEREFROM !he following described parcel;
Beginning at the west 1/4 comer of said Section 23;
thence along the easl-west 1/4 section line of said Section 23 North 89"29'20" East 1384.95 feet;
thence South 00.32'30' East 200.00 feet;
w;:t,'::lXlI.OOl!I'I: v.-.Oll..1oG,a"
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WilsljnMiller
New Directions In PLmning, D~;(Jn & Engineering
OR: 3138 PG: 2443
EXHIBIT A
PAGE 3 of 5
thence South 89.29'20" West 916.48 feet;
thence South 00.06'08" East 453.00 feet;
thence South 89"29'20" West 470.01 feet 10 the west line of said S~on 23;
thence along said line North 00.06'06"West 653.00 feet 10 the Point of Beginning of fr:e parcel herein
described. _
Containing 150,39 acres more or less.
AND
A tract or parcel of land lying in Section 23, Township 50 South, Range 25 easL Collier County, Florida, being
more particularly described as follows:
Commencing at the west 1/4 comer of said Section 23;
thence along the east-west 1/4 section line of said Section 23 North 89"29'20. East 1384.95 feet to the Point of
Beginning of the parcel herein described;
thence North 00.32'30' West. 367.45 feet;
thence North 89.24'46" East 300.00 feet;
thence South 00"32'35" East. 60.00 feet;
thence North 89"24'46" East 980.26 feet to the north-sou!tl1/4 section fine of said Section 23;
thence South 00"42'05" East 309.14 feet 10 the center of section of said Section 23;
thence along the east-west 1/4 section line of said Section 23 South 89"29'20' West 1281.12 feet 10 the Point
of Beginning of the tract or parcel herein described.
Parcel Contains 9.48 acres more or less.
AND
SUBJECT TO any easements, restrictions, rese:vati?ns or rights _ of _ way of record;
Lots 70, 71 and 91, Naples Groves and Truck Co's Utile Farms No.2 as recorded in Plat Book 1, page 27,
Publie Records of Collier County, Florida;
Parcel contains 30.68 acres more or less.
SUBJECT TO any easements, restrictions, and rights-Of-way of record.
AND
A tract or parcel of land lying in Section 26, Township 50 South, Range 25 East, Collier County, Florida,
more particularly described as follows:
The west 1/2 of said section 26;
AND
The southeast 1/4 of said Section 26:
AND
The southwest 1/4 of the northeast 1/4 of said Section 26;
AND
The southwest 1/4 of the southeast 1/4 of the northeast 1/4 of said Section 26;
SUBJECT TO AND TOGETHER with an egress easemenL ingress - 60 feet wide, lying 30 feet on each side
of the west line of the aforesaid. fraction of a section as recorded in O. R. Bock 283, page 359, Public
Records of Collier County, Florida;
Parcel contains 550.88 acres more or less.
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Page3
WilsqnMiller
New Directions In PJJnning, Design & Engineering
OR: 3138 PG: 2444
EXHIBIT A
PAGE 4 0 f 5
Subject to any easements, restrictions or rights-of-way of reccrd.
AND
A tract or parcel of land lying in Section 36, Township 50 Sou1h, Range 25 EasL-Collier County, Florida,
more particularly described as follows:
Beginning at the northeast DOmer of said Section 36;
thence South 00"18'30" West along the e;.st fine of said Section 36 for 1518.00 feet;
thence North 87"28'25" West 5329.09 feet to a point on the west fine of said Section 36;
thence along the west fine of said Section 36 North 00"19'40" East 1254.00 feet to the north line of said
Section 36; .
thence along the north fine of said Section 36 North 89"41'10' East 2665.95 feet to the north quarter comer of
said Section 36;
thence continuing along said north line North 89"41'16" East 2659.04 feet to the Point of Beginning.
SUBJECT TO any easements, restrictions, reservations or rights _ of _ way of record.
Containing 169.43 acres mere or Jess.
Bearings are Based on the Southwest R;ght-of-way of US 41, being South 39004'27" East (per State
Plane Coordinate System, Florida East Zone, NAD 83 Adjustment)
Total Parcel contains 2414.74 acres more or less.
WilsonMiller, Inc.
Not valid unless embossed with the Professional's seal.
Ref.4d-112
PIN: N0229-OO1-{J10
Dale: Oetober 10,2001
Revised: October 10, 2002
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OR: 3138 PG: 2447
.
EXHIB IT "F"
Attorney's Opinion of
, .
Title and Authority of
Signatory to Developer
Contribution Agreement
EXHIBIT -L
EDWARDS & ANGELL, LLP
OR: 3138 PG: 2448
COLJNSELLOI<S AT LAW
;\lich4tel E. Botos. P.A.
Oirect Dial; 1561) 820-0209
[mrlH Address: mhoros'ii calaw.com
October 17. 2002
Board of County Commissioncrs of
C"lli~r County. 1:loricJa
Colli~r County Government
330 I E. Tamiami Trail
Naples. FL 3-+ III
ONE NOHTII CI.EMATIS STm~~T, SUITE 400
WSST PALM BEACH, F't 33401-5552
15611833.7700
FAX (561) 655.8719
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Re: Sabal Bay Commercial Plat - Phase One - Attorney's Opinion
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Dear Commissioners:
This Opinion is given as an inducement to the Board of County Commissioners of
Collier County. Florida (the "County") 10 accept Ihe decJication or conveyance n{' the real
property described in the attachecJ Exhibit "A", which is incorporatecJ herein by r~fcrcnce. saicJ
land being 10catecJ in Collier County. Florida (the "Property").
The undersigned is a licensed attorney, Florida Bar Number 160662. authorized to
practice law in Florida. The undersigned has examined record title information to the
Property. and as of the date of this Opinion. (j) the record owner of the Property is Collier
LancJ De\'elopmenl. Inc.. a Florida corporation. and (ii) there are no lienholcJers. liens Or
similar linancial encumbrances upon the Property.
The undersigned has examined corporate information obtained from the Secretary of
State of Florida, and Collier Land Development. Inc. is current and active within the State of
Florida and has the power and authority to conveyor dedicate the Property to the County.
The exact name and title of the person authorized to execute the instruments on behalf
of Collier Land Development, Inc. in conjunction with the conveyance or dedication of the
Property is .Jenrey M. Birr. Vice President.
MEB:ne
Enclosure
";%if
Michael E. Botos. P.A.
Florida Bar No. 160662
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ElffiBIT A
OR: 3138 PG: 2449
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Description of Rattlesl'iakeHammock Road
Phal;e1
BeIng a part of Section 24.ToWn6/iIP SQSoulh, Range 25 East and
Section 19, Towhlihiji50 South, Range 26 East,
Colller County, Florida
SabalBay
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All that part of Section 24, TownshIp 50 South; Rai)ge25Eastand Section 19, Townstllp 50
South, Range 26 East, Collier Co\.inty. F~da, f;le1tig more particularly desetltred as follows;
Commencing at the northeast comer of 8ald~on24j
Thence along the east line ofoaldSectI6ii24$oulhqo'14'17" West 173,15 feet to a point on
the southwesterly right of way Hne ofTanilarnlTrail (U.S, 41)
Thence leaving said section fine along said !lg!'lt otway line South 39"04'27"E8St 223.49 feet to
the Point of Beginning of the parcel Ml"Elin d&scrlbed;
Thenoe conUnue'South 39004'27" EaSt 134;68 feet;
Thence leaving !laid right of way Una South 50.58'45" West 320.S7feet;
Thence Soufh (14.28'30' We$! 51,42 f.,.,t;
TheIlC$ South 50'58'45" West 313,09_t;
Thence South 42027'07" West 80,93 .t;
Thence South 5005e~45" West 198,83 feet;
Thence South 64 028'30" West 52 sa feet;
Thence southwestBl1y 207.58 feet along the arc of a circular curve concave to the north
having a radius of 810.00 faet lhrO!,tgh.ilcentral erngIe of 14"40'59" and being subtended
by a chord which beal'$ South sa~SS'30- West 207.01 feet;
Thence North 25'41'00" West 120.00 feet;
Thence soulheastai1y 160~62feet alon'g the are of a circular curve concave to the north
having a radlus of 690.00 feet through aoentral angle of 13"20'15- and being subtended
by a chord which bearsNol1h 57'ag'53rEaBl 160,26 feet;
Thence North 50*SS'45" East 231.13~t;
Thence Noi1tl46.15'05" Eallt145,59:feet;
Thence North 50.58~45" East 167.09 feet;
Thence North 84'2800" East2a, '(0 ~
Thence North 49*56'38'.1;8st 86;SB~t;
Thence North oe*43WEGtG:El8 ~
Thence North50*lS$'4IN:Qt28S40reet;
Thence North 84'28'30!' Elillt51.42fHt;
Thence North SOoW46"eut4U3~t
Thence nCrihiilaStarly1~.78 re,t~thnn::of a ~1ar.CUtV9ccncave ~..Ihe
nortl1westhaving ~;.Ii:IIusOf ~;oq te.tthl'Ol.lgh.centraI lIr1gl$.of 22'33~~8t\dbeitlg
8Ubtended by a .tt1oi'dwhk:fr~Ni:rih 39'41'56" East 13.69 fliettQthe PoInt of
.Segli1nlngoffliepSrCel~~
Subj&Ct'to 68s&ment$ andte$lriCtlOl1s of reoora,
ContaInil1g 3.66 IIms moreoriess .
Baarlngs are based on the east line of said Section 24. being South 00'14'11" West.
a~zti1~Q'~~~~50. Date 1'3o-rJ7-
certifICate of AutIlorliatfon M..B-43
Ref.4D-115
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OR: 3138 PG: 2450
Description of Rattlesnake Hammock Road
. Phase 2
Being a part of Section 24, Township 50 South, Range 25 East,
Collier County, Flolida
SabalBay
All that part of Section 24, Township 50 South, Range 25 East, ColU'llr County,Florida, wing
more particularty described as follows;
Commencing at the northeast i::Omei-of said Section 24;
Thence along the east Une cif said Sed.ioti 24 South 00'14'17" West 173,15 feetto a point on
the southwesterly right of wc!y line ofTamlaml Tra~ (U;S, 41)
Thenceleavlng said sectiOn line along said tight of way&ne Nortfl39-04'27" West 151;97 feet to
a point on the south right of way line. of 'l"hom8sson Dt1ve (SA 864);
Thence along said rlght ofws'IIiIltlSouth89'4Z'30"W8St 2587,54 feet;
Thanes South 69'35'35" West 26.43 feet to the Polnt of Baglnnlng of the parcerherein
describQd ;
Thance leal!lng said right or Way fine southeasterly 161,72 feet along the arc of t!.c:lrcular
curve concave to tIle'Southwest having e radlus of840,OO feet through Ii central Bngle of
11'01'50' and being subtended by a chord which bears South 56'38'57" East 161.41
reet:
Thence South 51'OS'02"East 1350.48 feet
ThGnce southeasterly and norlheast8ny 777.35 fest along the arc of aclrwlar curve
concave to thei'lorlh having a t'lidIulof 690.00 f9Gtthrough a eentralanllle of 64"32'58"
and being SUb1andGdby a d\OI'd whlcll bears South 83'24'32" Eest 136.89 feet:
Thence Soulh 25"41'00" East 120.00 feet:
Thence $Outhwestarty: lind .n~tertyg12.l55 feet along lhe 8rcofaclrwlarciJrve
concave to.U1e nortflllavli1g a radluscif 810.00 feefthrougna eentrararigl$or~.32'58"
and being subfandedby a chord Which bears North 83"24'31. West 885.05 feet;
Thence North 51'08'02" W.est1350.48feet; ..
Thencenar1hw6sterlY493,~2fe6t afcinolhe aroofa clrcular c:ur.veConclrle:blhei
soulhwust havlngli 1'8d/uscif120 ;00 feet thrOUgh a central angle at 39"16'24" and being
subUmded by a~ whlcfib$'SNOrth 70'46'13" Wesl483.92 feet;
Th9l1Ce SoOUl89"3S'3S"W8$t 37,63f6et;
Thence North 1'.''1'00- West 62.31 feet to a point on the south right of way-RnfiOf.aid
ThomassonDrlVe; .
Thence BIori9il8ldmtltof W8yllne N'oIth 8S'35'35"Ealrt 494,13 feet 10 the POInt of
Beglrmlng oft/:leP\'iii:8l~de~; ..
Subjecttoasamenf$andiWtrlCtlOns ofreconl.
Con~ 6:94 .~rnont<<,1!)$S ... .. .
Bearings are basedontheaastftMClf said Section 24 befng South 00'14'17' Wesl.
ByM:!.~..::~650 Date 1- ac-6l...
CertIll(:a1e of AoIhollUtIOl'l f#LB..43
Ref. 40..115
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Deac:rlptlOnof
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Being apart of S9cllon24, TOWi'l$hip 50 South, Range 25l::ast
ComerCoun~,F~r~a
Sabel Bay
OR: 3138 PG: 2451
All that part of Section 24, Township 50SOUlh; Range 25 East, Collier County, t=loridsi being
more particularly described as follows; .
Commencing at the northeast comerofsa~SeClion 24;
Theilce along the east line of said Seclion24 $OUI" 00'14'17" West 173,15 feet to a point on
the southwesterty right of way Une ofTamlamiTl'll1l (U,S. 41)
Thence leaving said section line along said light of way line North 39"04'27" West 157,97 feet 10
a polnt on the south right of~ line of Thorna$SOl'i Drive (S,R. 864); . .
Thence along sald rlghl of way line South 89.42'30" West 497,63 feet to the Point of Beglnnl~
of the parcel herilin described; _
Thenes leaving $aid right of way Il!'le southwesterly 54.99 feet a10ngthe arc of a circular
curve CQIlCave to the llOUlheast having a radlUll of 35.00 feetlhrough a oentral.angle of
90.01'32" and being subtencled by a chord which bears South 44.41'45" West 49.51
feet;
Thence South 00'19'01" EasI102.40feet;
Thence soulherly 575.95 feet along Ih& arc of a circular cutVe concave to the nOltheast
having a radius of 662,50 1eet throUQh. Central angleo! 38'15'37" and belng subtenclOO
by a chord wtllch beart;. SiXrth 19'26'50" East 565.31 feet;
Thenes South 38'34'3B" East ao,24 ~t;
Thence il8St&rly $5,25 teet along the arc of a ClroularculVe concave to the llOI1hhavlng
a radius of 35.00feet1fu'ough a central angle of 90.26'36" and beingsubtended by a
chOl'd which Pears SotItl83047'sa"Ell,$t49,a9 feet;
Thence Soutl146.15'O$" WlJ$t 145.59 'f/il81;
ThenGe nortMrty 54.11 ~t along the frO of a circular curve concave to the west having
a radius of $.00 feet1h1'Ol.igh a 0llj\h1 angkJ of6g"33'24" and being subterided by a
cOOrd which beanrNol1h 06.12'04': East 49.31. feet;
Thence Norit\ 38'34'3e* West <43.37(&81;
ThenCe i'Iot1her1y62S:03 f4Jaf iilongth8atcofaclrcularcurve COIiCllWitolhenotlheest
having a radlutof937 .5GfMt th~h.. ceotral8ngle of 38'15'37" and being ilobtended
by a ehofd WflIc:h beanJ. NotthW~W WflSf614,46 feet;
Thence NorthOO'19'01~~ 102.~ feet;
Thence norU'lWest&rt)'5'Ul~ f$et~thelieor II dtcular CUlVe~tolhe .....
southwest having a l1!dIU$ Of 35;00 fft.t -thi'Qugh a centralangleOf89'58'26~ ancibelng
s1ib1anded bY a CilohtwlilCh bNrtNoi'th 4SOfS'1S"West49,49 feet to 8. point 00 !he
south tight of way line of saki Th~ DriVe;
ThencealOiig saldiight c( waY Ilrie RCli1h 69.42'30' East 145.00 feet to the Point of
Baglnnlng.ofl,he ~lffimjfn.d9SCitied;
SubjeCt to eaa&lTlEllitsan~~()f rteord
Contalnltlg 1..42 acres moleOtless .
B&arlng$ are basedonth6 easUlneofsald Sec:Ilon 24 being South 00'14'17" West.
By 1Ii~ltm>~~..
Mld1aeI H. M8XweU. P,S.:r LS#'4650
Date 1-36-02...
CerUllcafe oi'AitihcirimtlOntlLB.4a
Raf. 4D;115
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OR: 3138 PG: 2452
DescriPUon of Temporal)' OralnageEaSliment
Being apart of Sectlon .19. ToWnShip 60 South, Range 26 East;
. Conler CouiIty, Florida
(eOC)
Nt that partof SectIoi119, ToWtl~tiip 60 Soufh, Range 26 East, CoUler CoUnty, FlOrida; being
more paJ1lcolartydesi:iibQdufol~$; . . . .
Commencing at Ih& rioi1hWesl (;()J'fl$I' ofsaldSeetlon19;
Thence along the west line ohald S9ctkin 19 South 00'14'17" West 173_15.~t;.
Thence leaving liald secll<ii1\1rie aI6n9 the southwest right of way Hne of Tamlaml Trail (U,S. 41)
South 39"04'27" East 1100.03 feet;
Thence Iea\llflg said rightof\l\'ayUneSouth 5O"55'33"West 449.00 feet; .
Thence llOtithwestsrty 4;$9 feet along the arc of a cireul8r curve concave to lhe southeast
having a l'lid1Us of 8.00 feet thtotigha central angle of 31"26'25" and being subtended by a
chon; wf1Ich bean; South 35"12'20" WfPSt 4,3<( feet;
Thence South1S"S'Or Wast 4.70 feet;
Thence soulhW6$terty 28"53 feet.aionQ the ll~ of adrcularCUlVe concave to the northwest
ha\'lng a radius. Of 52.oofilelfhtol.gha-centtal angle of 31"26'25' and being SUbtOOded by a
chOl'dWhlch bearaSoUth35~i2'2O"WeSt28,18 feet;
Thence South5O"55'33';'We$t"7;Q8 rest;
ThenCe .w8sieny.11.1 0 feet.eiongthe al:Q ofadtallar <:Ul'V$ con<:l:lve to the nc:':l havirig a
racllus of20.00fGetllli'ough.~l'argl&~f31'47'18' and being subfelldedtly II chOrd Which
bears. SOuth 66"49'12" Wlll8t 10.95 feet;
Thence South 5O"155'33"West107.35 feet to 1h& F oint of Beginning of the easement herein
described; .
Thenoe Sotllh. ~c2'.w~ Ea$\898;OB f~t;
Thiince .SoQth <W"f>2~1 0" weSt 4O;63feet;
Thence.NorttJ 39"02'.<\4"' Wect 93$;42fMt;
lliEinoe North 89"48'16" East 5f,36 feet to the Point of BegInning oftMeasemenl
hereln de8Ctlbed;
.~io~Hti1e!'Its.anQ..~ Of.record.
Conts1nIng M4 ~ .1nOJ6'orteu
B6artng$ are based 0il1he west line of SeCllon 19 belng South 00'14'17" West.
By~~'#S.M,~~jt( 'Date f')......J7~~1
eertlflc8te of Authonuflon##LS-43
Ref. 2{):.75
B-(5)
=:7:::--
. - ,- -.
".' - - - ,', - . - - .
a,=~~~'~~"......
~--fi.-UIL#UHJM'" U:1d
. , .... - . .
....
"DhoiIni..~/iioolJn'~.
r>escrlption ofTelllPOAliYDl'alnage Ea$lm1ent. .'. ....
Being 8 part of Secllon24.ToWnshJp50 SouthiRange25Eastand
Being a part of Section 19,TownshljjSO SOUth,R8lige 26 East.
Collier CoUnty, Florida
(CDC)
OR: 3138 PG: 2453
All that part of Section 24, T(llIQ'nShlp50 SOOth.~nge26Eastand all inatpart ofsEiction.19,
Township 50 South~ Range 26 East, COllier Couniy, Florida, being more partlciJlarly desaibed
as follows; .
Commencing at the northwest comer of said SectIor119;
Thence along the west line of said Se<;tlon 19 South OO.14~17"West 173.15 feet; . .
Thence leaving sakl Eiectlonllne along the southWest right of way line of Tamiaml Trail (U.S. 41 )
South 39"04'27. East 1109,03 feet;
Thence leaving sald right ofway line South 50.f!5'~. WGSt449,OO feet;
Thence southwesterly 4.39 feet aiong the arc of a circular Curve cOnc;I~ to the.~
having a radius of 8.00 feet '!tli'ough aoonlral angle of 31.26'2~ and being subtandad by a
chord which bears South 35"12'20" West 4,34 feel;
Thence South 19.29'07" Wsat4<70 feet;
Thenal southwestarly 28.53 feet.l!loOg the arc of a. c:lreular curve concave to ..100 northwest
having a radius of 52.OQleet thiotlgha cemral angle of 31.26'25. and being sublended by a
chordWhlc:h bears SOUth 35"12'20.West2S,1S feet;
Thence South 5O.5S3S" wrist 17.08 feel; . .
Thence westerty 11,10 feet iIlongthe arc of a .cfrCUlar CUlVe concave to the'north having a
radius of 20.00 feet ihrough a cenlraIengle of 31 '4.r1B. and being subtencledby a chord whlct1
bears South 66'49'12" West 10,95 feet;
Thence South 50055'33' West 107.35 feet to the Polnt of Beginning of the easement herein
desatled;
Thence Soultl89~48'18. West aUlHeet;
Thence NoI'1h 74"11'12" WeSt 273.05 feet;
Thence ~61"44'.WWQUll$,3a feet; .
Therica aauthetIY 11"8& teet atohg1hearco(c:lrt:uIarCUtVe~to tI1eweSt h8Vlng a
radius of 90;00 fe8tthrOiigh aceiltialfngie of45"45'41. and belitgsubterided by a
d10rd Whlchb98nJS6Uth1~oa'Oe"West6U9 feet;
TheneeSoUtil39"0()~6C"Wsst26;13:test; . . .
Therice.801ithertyM.~ ~~...:ih8...arcof"c:ln;UIIlr~~tQ:th&~
havfnganrdlUs'of'trO;~"'f1tUQ:ugh ...~.~ of S2"39'2<Yano Wlng8~
by a chord Whk:hboNl'lIScii.i(llZ2'41'1;"West 33,14 feet;
Thence ~06'21!3Q~W8st:50.j3_ ... ... . .....
.~:=:~:1===~~=~4~~..beIfig
8Ubf6iided.by.~WtilCfi~~59.i6'03"Wesf 207,S9f8et;
TherieeNoifher.~'33.WeSt$O;3IHl!lel" .
.~==~&~g;~'=~~~~~~b&l'.'
su\rt!lnded flY ilcltoRfWfllCh be8ri1Notth 55'2S'02"West 119,86feefloa point of ng
rewmi~!tIl:'liI;. .. .. .. .. . .
~~J.J~'~~~;;~=a~~==~~:..biing
~byaChord whICh bears NOl1h 6E"OO'05" Wost 149:2B'feitto a potnt of
reverse curvature;
1J;(6) .
~~=:-~1:~_r::~~~8.
r" .....'..i-
_..
~...-~~f....",. ~a
..n......;.. "".'''''/11&;
Wli: ,IIfir
NoW_ti-"'''''''w, 0aIr;n1~ .
Thence westerly 149.00fe"t IItongl.!1e are ofeclrcularcurve concaY&tQ;~~l'\9i1h .;..
having a radius of SSS.56feet throUgh a ceniral angla of 12.57'48.aiidbiilng.i1ilibteild~
by a chord which bears North 88.42'46" West 148.68feefto a polnt'ofr&versecu&ature;
Thence southwesterly 200048 feet along the arc of ll.clrcularcurv&COIlCSvsto.thesouth
having a radius of 400.00 feet through a central angle of 2S.42'5S.andbelrig"subtended
by a chord which bears South 83.24'3S" West198,38 feet to a point of compound
curvature; . .'
Thence southwesterly 89.67~t alonglhe .arc of e circular curveconcavetOthEj.' ..
south&ast having a radiu$ of 720,55 feet throughacentratangle of07~'r5O" anClbelng
subtended by a chord which bears South 65"29'15" West 89,61 feet to a point Ofi'ever&e
curvature; . .
Thence we$teriy 231,31 feet along.the! are of a dretJlar.cuve oonCliveto lI1e .00rIh
having a radius of 330,00 feel th~ .scentral angle of -40.09'39" andbeil'ig 1!'UI.!tended
by a chord which bears South 82'00'09" Wesl226.60 feet to a point of compound
curvature ;
Thence nor1hwe;t$r1y 534,66 feelal6ng the.ll/'COf a circular curveorirnlii~ tQthe
northeast having a radIus of 1164.47 feet thrcug/'l a central angk! of 2S"18'25" arid being
subtended by a chord which be8fS North 62"36'02' West 529.97 feet toa point of
compound curvature;
Thence norlt1eriy 24Cl..24 feel along !he arc of a circular curve concave 10 the ~ having
a radius of 155.00 feeUhrough a central angle of 88.48'19" and being subtended by a
chord which bears NorthOS'S9'45" West 216,91 feet;
Thence North 3S024'25"East 182.5rHeet; .
Thence easterty 955,07 feet alongtheBre of 8 circular curve ccnc8V8 lathe n<X1h haVing
a radius of 810,00 feet throUgh a centnllql8d 67.33'26" and being 8UbtEinC\ed by a
chord wl1k:h bears South 84~64'45"E8$tOOO.70 feet to Ii pornt ofrevet'$e!:urWtilre;
Thence soutneasteliy 41.47 feet along the are of.a cltcUlar c::urve COncave to the
southwest havlhg 8 radius of 36.50 ~t through a central angle of 61.43'19" and being
sublandad by a chord which beaN SOOth 62'36'56" East 39.50 feet.
Thence South 31"47'17" Ea$t59.53feet; .
Thence ~y216,74 feOt.l<m9theareafa circular CUMt~Yetolt1e north
having a radius of 135;00 feet ll1rciu9h- c::entralangleof 91"38'52'"j~hdh6lng<<iblllllded
by a cl10rd Which t6&rr;SoOth 77"36'43" Ellst 194::36feeflollpo!nt Ofre\iers8C1lrVlitUia;
Thence n<Xf/16asWily i19.05~~lhe arc of 801rcUIar curve CCll1C8Y&ftfthe 80UUl
having a~Of138;50~ ~ a central angle of 49'15'00" and beIllllstibt8nded
by a chOOl which beoUifilOrth 81~'1'21"ast 11 $.42 feet;
~ Sooth 14.11'llrEaSt 5S6;6Sfeel;
Thtince soUth. SO'55'33"Wett 7.14 feet to the PoIntofBeglnnlng oflhe~hereln
delCribEM:i: .
SUbJl!ctioeasari18ilt8and restrictlons (jfreoOrd.
COlltalhlhg 12..92~Ji1Ql1tCit'1eSs
Bea~8 are base<ion1hewestllne ofS6ction19 being South 00"14'17* West.
e~~pp.s~ .. Date /')..-t?~1
OR: 3138 PG: 2454
Certlfk:ate of AuthorIzation # LB43
Ref" 20.75
E:': .......
.,
OR: 3138 PG: 2455
EXHIBIT "G"
Risk Management
Guidelines or Level
One [1] Environmental
Audit by Certified
Environmental. Engineer
EXHIBIT "G"
llIIIiV ... Ardaman & Associates, Inc.
A
GeotechnIcal. Envlrcn~ental and
.-.... W Malenals Consultanls
OR: 3138 PG: 2456
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PHASE I
ENVIRONMENTAL SITE ASSESSMENT REPORT
FOR
CDClPDA
:l: 6C ACRES VACANT LAND
SW CORNER THOMASSON DRIVE AND U.S. 4!
NAPLES, :':::OLLlER COUNTY, FLORlDA
PREP ARED FOR
COLLiER LAND DEVELOPMENT, INC
:';003 TAMIA..MI TRAIL NORTH, SUITE 400
NAPLES. FLORIDA 34103
ATTENTION: MR. JEFFREY M. BIRR
PREP.'\RED BY
ARDA.MAN & ASSOCIATES, INC
9970 BAVARIA ROAD
fORT :\IYERS, FLORIDA 33913
FILE NO. 01-4731
APRIL 24. 20U1.
:. I "., I : _. " " :, . I' :. 1I" t= ",I ~ .1", ,"
::.\,{ ~,;~.0.10;)
P)<I D')ll ~:( '-""::'~ :;.tI;\SOI.L f.\ll.\l\.t~:;,~t) LUll\"\ 'IV ,., 11m e".ll:!:
:""Jr",'.".,. ::..),,,:.ll:3')IJ
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OR: 3138 PG: 2457
PHASE I
ENVIRONMENTAL SITE ASSESSiYrENT
CDC/PDA
'" 60 ACRES VACANT LAND
SW COR~'ER THOlllASSON DRIVE & U.S. 41
NAPLES, COLLIER COUNTY, FLORIDA
-..
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Ardaman & Associates, Inc"
OFFICES
Orlando, 8008 S Orange Avenue. Orlando, Florida 32809. Phone (407) 855-3860
Bartow, 1525 Centennial Drive, Bartow, Florida 33831, Phone (813\ 533.0858
Cocoa, 1300 N. Cocoa Blvd.. Cocoa. Florida 32922, Phone (407) 632.2503
Fort Lauderdale, 3665 Park Central Boulevard, North, Pompano Beach. Florida 33064. Phone (305) 969.8788
Fort Myers, 9970 Bavana Road. Fort Myers, Florida 33913. Phone (313) 768.6600
Miami, 2608 W. 84th Str3et. Hialeah, Florida 33016. Phone (305) 825.2683
Port Charlot1e, 740 Tamiami Trail, Unit 3, Por. Charlotte, Florida 33954. Phone (813) 624-3393
Port 51. Lucie, 1017 S.E. Holbrook Ct., Port St. lucie, Florida 34952, Phone (407) 337-1200
Sarasota, 2500 Bee Ridge Road, Sarasota. Florida 34239, Phone (813) 922.3526
Tallahassee, 3175 West Tharpe Street, Tallahassee. Florida 32303. Phone (904) 576-6131
Tampa, 1406 Tech Boulevard. Tampa, Florida 33619, Phone (813) 620.3389
West Palm Beach, 2511 Westgate Avenue. Sulle 10. West Palm Beach, Florida 33409. Phone (40i) 68i.8200
MEMBERS:
ASFE
Amencan C.:lnCrCle InSlltule
Amem:.ln Socl(~ty lor T~$lIn9 .lnu ~l,llen<1IS
Arn~nc::m Con~ullll''\g Enl)mcl~rt, C.llme:!
F1orl<1...l lr\>,111IIl02 01 Con:':1I11lnrJ E:1\Jllk"~!~
:",rh",,:.-Ill l:.)"ncd .11Ind"l'.)r'rl(!ntl.lt','rli.111<";
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TABLE OF CONTENTS
OR: 3138 PG: 2458
PAGE NO,
SECTION
EXECUTIVE SillvlMARY ....
..I
1.0
rNTRODUCTION ...
...3
2.0
GENERAL SETTING
......6
.3.0
HISTORICAL REVIEW
.......9
4.0 RECORDS REVIEW
.......14
5.0 SITE RECONNAISSA"lCE..
..20
6,0 rNTER VIEWS
........2'1
7.0 HNDrNGS
.......... . ...25
8.0 OP[NONS
....26
9.0 CONCLUSIONS
............27
10.0
RECOMMENDA TrONS .....
.......28
11.0
SIGNA TURES OF ENVIRONIv[ENT AL PROFESSIONALS ................
...29
12.0 QUALIFICATIONS OF ENVIRON'MENTAL PROFESSIONALS
P ARTIcrp A TING rN ESA....... .................. ....................... ..............30
13.0
REFERENCES ......
.........31
14.0
FrGURES .............
.............32
15.0
TABLES ..................
......33
16.0 APPENDICES ........
....34
... . Araaman & ASSOCIates. Inc.
....
,\rdaman File No. 01-473 1
'" 60 Acres Vacant LaQd
Naples, Collier County, Florida
OR: 3138 PG! 2459
EXECUTIVE SUMMARY
Ardaman & Associ:ltes, Inc. has completed a Phase I Environmental Site Assessment
(ESA) of the approximately GO-acre subject site located on the southwest comer of
Thomasson Drive and U.S. 41 (Tamiaini Trail East) in Naples, Collier County, Florida.
,The purpose of this assessment was to determine if there were recognized. c~vironmental
conditions associated with this site. 10 achieve this objective, the scope of services
included limited research, a rcview of specific listings, interviews, and a site
re:connaissance in general accordance with the American Society for Testing and
Materials (ASTM) Standard E 1527-00 "Standard Practice for Environmental Site
Assessments: Phase [ Environmental Site Assessment Process".
THIS EXECUTIVE SUMMARY DOES NOT FULLY SUMMARIZE FINDrNGS AND
OPINIONS. Findings and opinions are related through the full report only.
The s:Jbject site is irregular in shape and is located in a residential/commercial are3o. The
prop.~rty consists of approximately 60 acres- of vacant land that was previously used for
agricultural purposes. A produce stand was formerly located in the northeast comer of
the subject site. A cardboard recycling bin is currently loc3o[ed is in ,he northeast comer
of the subject site. Vegetation on the subject site consists of pine, palm. Brazilian pepper,
herbaceous undergrowth, and grasses. The current improvements on th" subject site
include drainage canals and di:t.:hing, fencing, watcr wclls/irrigation sys,err., 30nd old
electrical boxes located in the northeastern comer of the ,ubject site. The subject
property is bounded by Thomasson Drive to the north, by U.S. 41 to the east, and by
vacant land to the south 30nd west. Access to the site is vi30 Thomasson Drive to the north.
I
The adjoiniOlg properties to the east (across U.S. 41) are Fuller Funeral Home. Golf and
Electric Caniages, 7-Eleven #30012, First Union Bank, and N30ples Plaz30 South from
north to 50u:h respectively. The adjoining properties to the north (locald 3ocross
Thomasson Drive) are occupied by the Speedw30Y #0155 g30S station 30m] a residenti30J
community from east to west respectively. The County West W30ste W30ter Transmission
t:lcility is located along the northern boundary of the subject site.
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Ardaman File No. 01-4731
= GO Acros Vacant land
Naples, Collier County, Florida,
OR: 3138 PCf; 2460
A review of government agency listings indicates: (1) the site is not referenced as using,
generating, storing or disposing of hazardous materials; (2) underground storage tanks are
not currently permitted for the site; and (3) unauthorized releases (UAR) of petroleum
hydrocarbons or hazardous materials have not been reported for the site.
[t should be noted that unregulated (<550 gallon) diesel tanks are commonly utilized on
agricultural property. These tanks supply fuel to irrigation pumps. Remnants of an
irrigation system and a pump stanon were observed on site. Wbile no diesel tanks were
observed during the site reconnaIssance, unregulated tanks may have been located on the
subject site in the p"st.
Ardaman File No. 01-4731
" 60 Acres Vaeant Land
Naples, Collier County, Florida
OR: 3138 PG:2Z461
10.0 RECOMMENDATIONS
Ardaman & Associates, Inc. does no! recommend additional inquiry into the
environmental condition of the subject site at this time.
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Ardaman File No. 01-4731
r 60 Acres Vacant Land
Naples. Coltier County, Florida
*** OR: 3138 PG: 24~ ***
I \.0 SIGNATURES OF ENVIRONMENTAL PROFESSIONALS
Karen L. Cheney
Environmental Geologist
~LLIJ C!AE~Jt':t / 0
I
Signature
Roxanne Gause, P.E.
Senior Environmental Engineer
~/LUiJ~ f5/J-!J,F G
Signature
Peer Review By:
Gary A. Drew, P.E.
\~-
:j,anch Manager
Signature
@);P\'.
:~j) \'..'
J.,:,."{f""'-'
'."1:;...,"".....
Agenda Item No. 1662
March 23, 2010
Page 112 of 237
COLLIER COUNTY
DAVID C. WEIGEL
COLLIER COUNTY, A TIORNEY
:'""
3301 East Tamiami Trail
Naples, FL 34112-4902
Telephone: (239) 774-8400
Facsimile: (239) 7,74-0225
NOV 1 8 2003
Heidi F. Ashton
Jennifer A. Belpedio
Ellen T. Chadwell
Jeffrey A. Klatzkow
William E. Mnuntford
Thomas C. Palmer
Michael W. Pettit
Jacqueline Hubbard Robinson
Mllljorie M. Student
Scott R. Teach
Patrick G. White
Robert N, Zachary
SH)RMWATER .. "
October 27,2003
C. Laurence Keesey, Esquire
Young, Van Assenderp,
Varnadoe & Anderson, P. A,
Post Office Box 7907
Naples, FL 34101-7907
Pat Utter
Collier Enterprises, Ltd.
3003 Tamiami Trail North, Suite 400
Naples, FL 34103
RE: Companion Agreement to the October 22, 2002 Developer Contribution Agreement
Regarding the Lely Area Surface Water Drainage Improvements
Dear Sirs:
Enclosed please find a recorded copy of the above-referenced agreement for your records,
yo~, __.---,
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A. '[(latZkow,
ant ounty Attorney
Ene.
cc; David C. Weigel, County Attorney
Agenda Item No. 1682
March 23, 2010
Page 113 of 237
bee: Sharon Newman. Transportation Accounting Supervisor
Agenda Item No. 16B2
Retn: 3279855 OR: 3424 PG: 0337p~~~C~~?iJ;g~~
CURl TO TBI BOARD R!CORDID in the omClAL RICORD! of COLLIlR coum, PL coms
nrlBROmCI 4TH nOOR 10/17/2003 at OS:OIAll DWIGHT I. BROCr, CmI
BIT 7240 COMPANION AGREEMENT
TO THE OCTOBER 22, 2002 DEVELOPER CONTRmurIoN AGREEMENT
REGARDING THE LEL Y AREA SURFACE WATER DRAlNAGE IMPROVEMENTS
115,50
32,00
TillS COMPANION AGREEMENT is made and entered into this 14-I-h day of
&8~~ 2003, by and between Collier Land Development, Inc., a Florida corporation
(hereinafter referred to as "Developer"), and Collier Development Corporation, a Florida
corporation ("hereinafter referred to as "CDC"), which, along with their respective successors
Commissioners of Collier County, Florida, as the governing body of Collier County (hereinafter
and assigns, may be jointly referred to as "CDCfDeveloper," and the Board of County
referred to as "County").
RECITALS:
WHEREAS, CDCfDeveloper owns approximately 2,416 acres of real property located in
("CDC PUD"), which was approved by Collier County on November 10, 1986, in PUD
unincorporated Collier County, Florida which is the site of the CDC Planned Unit Development
Ordinance 86-77; and
rights and required CDCfDeveloper to undertake certain obligations in return for the
WHEREAS, PUD Ordinance 86-77 granted to CDCfDeveloper certain development
improvements; and
the construction by CDCfDeveloper of certain roadway and surface water management
developmental approvals; which obligations included the dedication of land to the County and
WHEREAS, CDCfDeveloper entered into a Standard Form Developer Contribution
Agreement For Road Impact Fee Credits with Collier County on October 22, 2002 (hereinafter
referred to as "Contribution Agreement"); and
crL(t...., ~
Agenda Item No. 1682
OR: 3~~~~~~B
WHEREAS, the Contribution Agreement required that within 270 days from October 22,
2002, CDClDeveloper and Collier County would enter into a "companion agreement" to insure
equitable payment or credit to CDClDeveloper for drainage improvements constructed or
donated by CDClDeveloper and to insure that CDClDeveloper pays for its fair share of the costs
of the stormwater facilities, and drainage improvements known as Lely Area Stormwater
Improvement Project (hereinafter the "LASIP Project"), as set forth to in the Memorandum of
Understanding attached as Exhibit "B-6" to the Contribution Agreement; and
WHEREAS, County and CDClDeveloper, in furtherance of the public health, safety, and
welfare, desire to commence the planning and construction of the LASIP Project prior to the
County's final consideration of the CDC POD amendment application and further desire to
define CDClDeveloper's obligations with regard to contributions of land for, and construction of,
certain portions of the LASIP Project and to specify the amount and timing of reimbursements Or
credits CDClDeveloper shall be entitled to as a result of its land donations for, and construction
of its portion of the LASIP Project; and
WHEREAS, the LASIP Project does not anticipate or take into consideration or
accommodate receiving additional discharge from developmental activity within the CDC POD
beyond pre-development historical flows; and
WHEREAS, the County and CDClDeveloper acknowledge and agree that the valuation
of the eligible anticipated construction to the County's Lely Project storm water drainage
improvements will be based upon professional opinions of the total project's estimated probable
costs certified by a professional engineer, which valuation for the County's budgetary purposes
must be provided to the County no later than March 31st of the calendar year prior to the year
that CDClDeveloper breaks ground under Paragraph 4 below and CDClDeveloper shall update
2
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Agenda Item No, 16B2
OR: lCf~m~t~~39
the probable cost estimate and provide it to the County prior to commencement of construction;
and
WHEREAS, the Collier County engineer has recommended to the Board of County
Commissioners that the proposed plan for CDClDeveloper's dedication of land and contributions
for the LASIP Project shall be in conformity with the County Stormwater Management Element
in its Growth Management Plan and are in furtherance of the public's health, safety and welfare;
and
WHEREAS, CDClDeveloper acknowledges and agrees that it has full capacity, pOwer
and authority to cause the construction or installation of the subject pomons of the LASIP
Project, or shall post a bond therefore, and thereafter execute any and all documentation
necessary to convey the contributions or land donations to the County in conformance with the
County's standards, procedures, ordinances, and regulations; and
WHEREAS, this Agreement shall not limit or affect the County's authority to make any
detennination the County may choose regarding the future CDC POO amendment application,
and this Agreement shall not be construed or characterized as a "development agreement" under
the Florida Local Government Development Agreement Act; and
WHEREAS, CDClDeveloper is currently authorized to develop only that 83 acre portion
of the CDC POO land which is the subject of a amended Preliminary Development Agreement
("PDA") dated May 16, 2002, as amended by an Agreement dated May 28, 2003, both of which
were entered into by and between the Florida Department of Community Affairs and
CDClDeveloper; and any additional development beyond the site specified in the PDA must be
authorized by Collier County after its consideration of CDClDeveloper's application to amend
the CDC POO ordinance.
3
elf-it
Agenda Item No, 1682
OR 3 J1M9fcil,~3, 2010
: 'fllf3 l'ijpf @~40
WHEREAS, the parties acknowledge that the County desires to expedite the LASIP
Project's completion and that there are costs associated with both the delay of the LASIP Project
and the County's pursuit of construction pennits from the regulatory agencies involved.
WITNESSETH:
NOW, THEREFORE, IN CONSIDERATION of Ten Dollars ($10.00) and other good
and valuable consideration previously exchanged between the parties, and in consideration of the
covenants contained herein, the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. A map generally depicting the components of the LASIP Project is marked
Composite Exhibit "A" and attached hereto. Collier County has prepared a design plan for the
LASIP Project improvements, including the Lely Canal. County has filed and is pursuing final
approval (Permit Application No. 980828-1) of a pennit from the South Florida Water
Management District for the LASIP improvements (hereinafter referred to as the "LASIP
Pennit").
3. CDClDeveloper desires to construct the Lely Canal following a meandered, non-
linear canal design to improve water quality, and to improve the visual aesthetics of the Canal
(hereinafter Modified Drainage Design) which differs' from the County's proposed design for the
LASIP Permit application. CDC/Developer shall file an application for the Modified Drainage
Design with the S.F.W,M.D. as soon as practical, but no later than July 1, 2004.
CT CDClDeveloper shall begin construction of either the LASIP Project or the
Modified Drainage Design within two (2) years from the issuance of the LASIP Permit. The
4
CJiL~
Agenda Item No. 1682
OR: 3mc~~f~1
two-year time period for CDClDeveloper's commencement of construction of the Modified
Drainage Design shall be extended up to a maximum of nine (9) months, if CDClDeveloper has
applied for, and is pursuing in good faith, a SFWMD pennit for approval of the Modified
Drainage Design. If CDClDeveloper fails to timely begin construction of the Modified Drainage
Design or the LASIP Project, upon written notice to CDClDeveloper. Collier County shall have
the exclusive right to construct the LASIP Project and CDClDeveloper shall provide all
necessary access to the County on CDClDeveloper's property, without cost, to enable the County
to construct the LASIP Project.
5. RegardiDl!: the Lelv Canal:
A. If constructed under the Modified Drainage Design, the Lely Canal shall
be designed at a minimum to accommodate the same water flow criteria as
approved in the LASIP Project, plus any additional flow beyond pre-development
historical flows contributed by on-site development within the CDC PUD. For
either the Modified Drainage Design or the LASIP Project, all costs now and
forever arising from any additional flow beyond pre-development historical flows
contributed by on-site development within the CDC PUD, including but not
limited to expansion or modification of the Modified Drainage Design or the
/-~."\
I B. \
"'---.---
LASIP Project. shall be borne solely by CDC/Developer.
For either the Modified Drainage Design or the 'LASIP Project,
CDClDeveloper must complete the canal construction within one year from
breaking ground.
5
~t
Agenda Item No 1682
OR: ~f~~1ge%42
C. For either the Modified Drainage Design or the LASIP Project, following
completion of construction by either party, CDCIDeveloper shall, at its sole cost,
be responsible for the ongoing maintenance of the Lely Canal,
D, If constructed pursuant to the Modified Drainage Design, CDCIDeveloper
shall recei ve all mitigation credit for the enhancements to the Canal beyond the
LASIP Project. If CDCIDeveloper obtains grant funding for the improved water
quality design of the Lely Canal, the gram funds shall be shared, with the County
entitled to receive only that percentage of the grant funds which equals the
percentage of the grant funds attributable to, or awarded for the LASIP Project
design, including the spreader lake, and CDCIDeveloper receiving that percentage
of the grant funds awarded for the Modified Drainage Design to be permitted by
the S.F.W.M.D.
E. CDCIDeveloper shall dedicate and convey, at no cost to the County, all
rights and interests it has to the existing Lely Canal that historically has been
maintained by Collier County. A graphic rendering of this area is shown as "Lely
Canal (Existing Conditions)," attached hereto as part of Exhibit B, calculated
therein at 21.2 acres. All references to acreage herein, including this reference,
are estimates only, with a final determination of actual acreage to be determined
in a customary manner by the County.
F. CDClDeveloper shall dedicate and convey to County an additional 14.3
acres for the Lely Canal, representing the area of the widening of the existing
canal. A graphic rendering of this area is shown as "Lely Canal {Per 1985 Master
Plan)," attached hereto as part of Exhibit B, Collier County shall pay
6 c~
oJf:gemfrcl1~, 1G~~3
Page 120 of 237
CDClDeveloper the appraised fair market value for the 14.3 acres and the land
valuation shall be appraised as the value of Agricultural zoned land on the day
before the County's 1986 rezoning to "PUD" of the CDC DRVPUD land,
G. The current LASIP Project design for the Lely Canal substitutes a spreader
lake in place of a spreader water way, A graphic rendering of the spreader lake is
shown on "Lely Canal {Per LASIP Design)," attached hereto as part of Exhibit B.
This spreader lake is approximately 13.87 acres, CDClDeveloper shall dedicate
and convey to Collier County this additional 13.87 acres, Collier County shall
pay CDClDeveloper the appraised fair market value of these 13,87 acres, and the
appraised valuation shall be detennined as of October 23, 2002, when the County
and CDClDeveloper entered into the Contribution Agreement, with the valuation
based on pre-PUD Agricultural zoning, As an offset to this purchase price, the
County will be credited for 18,6 acres (3,1 acres upland, 15.5 acres wetland) of
the 26-acre spreader waterway canal. A graphic rendering of this area is shown as
"Lely Canal (Per 1985 Master Plan)," attached hereto as part of Exhibit B, This
credit will be based upon an appraisal. and valuation shall be appraised as the
value of Agricultural zoned land on the day before the County's 1986 rezoning to
"PUD" of the CDC DRVPUD land, considering the spreader canal's land
characteristics as either wetland or upland.
H. Payment to CDClDeveloper for all of the conveyances set forth shall be
made by the County within three years of the date that the land is dedicated to
Collier County by CDC/Developer and accepted by the County.
Uft-Wt
OR~en3ii~iJ;4
I. The County shall reimburse CDClDeveloper for the County's
proportionate share of the costs of the design, permitting and construction
of the LASIP Project based upon the method or mechanism selected by
Collier County for the calculation of the proportionate fair share allocation
for property owners in the LASIP Project area. The proportionate share of
costs may be based upon gross acreage, taxable value, front [ootage or
some other equitable method adopted by the County, County shall
reimburse CDClDeveloper for the County's share of the costs of the
Project within sixty (60) days of final completion and acceptance of the
Project.
J. All land dedications referenced above shall be conveyed to the County at
the earlier of (l) the final completion and acceptance of the Modified
Drainage Design or LASIP Project, or (2) upon the County exercising its
right to construct the LASIP Project under Paragraph 4 herein, within
thirty (30) days of written request by the County,
/-- ".....
C~) SO long as CDClDeveloper is engaged in the construction of the Lely Canal by
either design, County shall not refuse to process applications for site plan approvals, building
permits, certificates of occupancy for commercial use or other County permits for development
within the 83 acre CDC 2003 PDA area. Wit~in tb~ IJlrg,eramende(,'!CD.GPllR.\2rojec.t ll!.e.l!~.
certificates of occupancy shall. be authorized Or issued by the County until all associated
improvements to the Lely Canal by either design specified in Paragraph 4, above, have been
c.E.~t~~by"CR~.f.I?evels>per and ",pQ.r.c>veg by the County; except that when consistent with
the amended CDC Pill), the Collier County Land Development Code and aiIother"e::olIier
~~
oJt:ge3'k!J~~~0, !&~i 5
't~~~ 1 ~f o~~
County Laws and Ordinances, and provided that there are adequate public facilities capacity
available, C~rtif~tes _<:l(-2c~~anct shall be approvedbx.~ec:ol1n~L!.<J~~~~~!.I?~~~_
develoPJl1~~t; :.o~I11~~ial bui~llings, sales cellte~, model homes, and ago.lfc()~:, iE~~u~i!1La
golf club house and golf maintenancefaciIities,
7. Regarding the Avalon School Outfall Canal and Fern Street Relief System:
A, The Avalon School Outfall Canal and Fern Street Relief System are
depicted on the attached plan marked as Exhibit D,
B. CDClDeveloper will dedicate land needed for the drainage improvements,
and shall construct, the Avalon School outfall canal and Fern Street Relief System
as graphically, and approximately depicted in Exhibit D attached hereto and
incorporated herein.
C. The County shall reimburse CDClDeveloper for the value of the
dedications for which the County is responsible for payment within three (3) years
of the date the real property is accepted by the County and shall be valued based
upon an appraisal, and valuation shall be appraised as the value of Agricultural
zoned land on the day before the County's 1986 rezoning to "PUD" of the CDC
DRl/PUD land.
8. Regarding the Lely Manor Canal:
A. County is currently seeking permits from the South P10cida Water
Management Plan.
B. The County will obtain permits and construct the Lely Manor Canal at its
own costs and may proceed with construction of the Lely Manor Canal in advance
of CDClDeveloper's filing an application for amendment of the CDC PUD.
9
Q#-~
OR :A~~t~~~~,~~~
Page 123 of 237
CDC/Developer shall provide the County with access to the Lely Manor Canal for
maintenance purposes,
C. CDC/Developer shall dedicate and convey to the County approximately
12.3 acres of land for the spreader lake and canal improvements. A graphic
rendering of this area is shown as "Lely Manor Canal (Per LASIP Design),"
attached hereto as part of Exhibit C. The spreader lake is approximately 9.68
acres, and the canal improvements are approximately 2.52 acres. With respect to
the spreader lake, Collier County shall pay CDC/Developer the appraised fair
market value of these 9,68 acres, and the appraised valuation shall be determined
as of October 23, 2002, when the County and CDC/Developer entered into the
Contribution Agreement, with the valuation based on pre-PUD Agricultural
zoning, With respect to the canal improvements, CDC/Developer shall dedicate
and convey to the County a strip of land between 15 feet and 35 feet wide of
CDC/Developer's land along the Lely Manor CanaL Of the 35 foot wide strip of
land, 15 feet is required for the canal and 20 feet is needed for the County's
maintenance of the Lely Manor CanaL If CDC/Developer dedicates and conveys
less than a 35 foot strip along any portion of the Lely Manor Canal
("CDC/Developer Portion"), CDC/Developer will maintain at CDClDeveloper's
sole cost the CDClDeveloper Portion, and will also pf!Jvide access to the County
(at no cost to the County) for maintenance of the portion of the Lely Manor Canal
not maintained by CDC/Developer, At County's request, the parties will enter
into a Maintenance Agreement setting forth these terms. Collier County shall pay
CDClDeveloper the appraised fair market value for this 2.52-acre strip and the
JO
df~~
OR: Ag~~m~~m
Page 124 of 237
land valuation shall be appraised as the value of Agricultural zoned land on the
day before the County's 1986 rezoning to "PUD" of the CDC DRlIPUD land,
D, The County shall reimburse CDClDeveloper for the land dedicated to the
County for the Lely Manor Canal dedications within three (3) years of the date
that the land is dedicated by CDClDeveloper, All land dedications referenced
herein shall be conveyed to the County after receipt of all necessary pennits and
within thirty (30) days of written request by the County.
9. The considerations and commitments in this Agreement relate to the LASIP
improvements within the boundaries of the CDC PUD, and these considerations shall be
understood and interpreted to relate to those LASIP improvements that are deemed appropriate
and authorized by the permits to be issued by the South Florida Water Management District and
the U.S. Anny Corps of Engineers.
10. Regarding contributions of construction or installation of improvements, the
value of CDClDeveloper's proposed contribution shall be adjusted upon completion of the
construction to reflect the actual costs of construction or installation of improvements
contributed by CDClDeveloper, but in any event not to exceed twenty (20%) above the estimated
probable costs of such improvement.
11. In the event of a dispute, the County's Alternative Dispute Resolution Procedure
shall be uti lized.
12. All conveyances set forth herein shall be in fee simple to the County by warranty
deed. With respect to such conveyances, the County shall be responsible for paying the costs of
any title work and searches, and CDClDeveloper shall be responsible at its costs for promptly
removing or curing any liens, encumbrances or deficiencies revealed in any title work,
11
at
OR: ~lta i~ NU~i~2
March 23, 2010
Page 125 of 237
13, This Agreement shall only be modified or amended by the mutual written consent
of the parties hereto or by the successors in interest.
14, The burdens of this Agreement shall be binding upon, and benefits of this
Agreement shall inure to, all successors in interest to the parties to this Agreement.
15. Either party to this Agreement shall have the ability file an action, including an
action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this
Agreement after submission to the County's Alternative Dispute Resolution process, said remedy
being cumulative with any and all other remedies available to the parties for legal enforcement of
this Agreement.
16. This Agreement shall be recorded by the County in the official records of Collier
County, Florida within fourteen (14) days after the County, by its duly authorized Chairman of
the Board of County Commissioners, executes this Agreement. A copy of this recorded
document will be provided to CDC/Developer.
END OF PAGE
12
c$t
OR :g3~~1~ei~~~i~
DONE AND ORDERED this IttUtlay of ~. 2003,
A~ ~-"" ' <
OVIIGItT E. B~bCK ClERK
.,~'~""l,""',
--:t5 ' .
,~~: ,',' ,,' ~
.. ~ ... DepiJ!y: reik~'
DWIbHT E,B~'CLERK
. ">Attt._. '-,',:to,', ,'cttt'rllln',
. . .t~;0II11'
WI~ESSES; Uh;
(/J;;Mit 2. I
(Signature)
(ffrf(I( fI L (JTTFR
(Print full name)
~~
"B.'R. trim
(Print full name)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By ~~.
~~I11l~ INO 10-11./ -03r
1€fy~fY A 1<lIl11Ho\J
COLLIER LAND DEVELOPMENT, INC.
By:
, Vice President
13
~r
OR: A9114.i:m~~3Ii
Page 127 of 237
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was executed before me this22.l.day of~, 2003, by Jeffrey
Birr, Vice President of Collier Land Development, Inc,
)\~ 1..~c&P
Notary Publi~ -\.-\
Name r\C\...r'\C!..l.A L _ ct II
Certificate No. \
My Commission expires~1 oS-
~'~ NANCY LYNN HALL
,W... MY COMMISSION * 00031397
:tilt\.' EXPIRES: June 24. 2005
1-8Q).3-NOTARY R.NalWySeMClIBonding, Inc:.
COLLIER DEVELOPMENT CORPORATION
By: ~
JEFFREY M. BIRR Ice President ..
WITNE~SES2 _ (iJJ!;:--
(I/fiif
, TRitt< ! - UTTfTt!
(print full name)
~
'R. R. C-f/l'~
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was executed before me this~day of V '
Birr, Vice President of Collier Development Corporation
~~ L-.~~
No Public \ ~
Name 'I\<ll.---<\Q..u L. ct \ I
Certificate No. \
My Commission expires ~ \ :t'l \ o-c.:)
\
, 2003, by Jeffrey
#...'~ NANCY LYNN HALL
." W.I MY CXlMMISSION #1 00031397
"'1'"....' EXPIRES: June 24, 2005
l<<X).3.NQTAAY Fl NoIays.rvloe & BorOng, h'IC
14
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Agenda Item No. 16B2
March 23 f~1 ~
r-oage lLts 0 j
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EXHIBIT A: COUNTY CANALS
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PROJECt NUt.l9ER:
N0229-02?-OO~
Agenda Item No. 1682
March 23, 2010
P~r1Q 1?Q nf ?'?7
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INDEx NUMBER:
D-N0229-74-A
SHUT NUWBER:
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Agenda Item No. 1682
March 23, 2010
Parle 130 of 237
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08/26/03
HORIZONTAl SCAlE:
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VE:RTlCAl. SCAlE:
N/A
SEe: TWP: RGE: CROSS REFERENCE riLE NO.:
EXHIBIT B: LELY CANAL
(EXISTING CONDITIONS)
OR: 3424 PG: 0354
f LEGEND j
l111li LEL Y CNIAL - EXlsn<<l CONIlIllONS
(21.2 ACRES)
PROJECT NUMBER:
Nn??Q_n??_nn"l
Agenda Item No, 1682
March 23, 2010
P of 237
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March 23, 2010
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HORlZONTAI.. SCALE:
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VERTICAL SCALE:
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SEe: TWP: RCE:
PROJECT NUWllER::
N0229-022-00:3
TITLE:
EXHIBIT B: LEL Y CANAL
(PER 1985 MASTER PLAN)
.s
CROSS RUERENCE F1I..E NO.:
Agenda Item No, 1682
March 23, 2010
INDEx NlNBER:
D-N0229-74-B
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Agenda Item No. 1682
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DATE:
08/26/03
I-lORIZON1Al SCAlE:
1" = 2000'
VERTICAl SCALE:
N/A
TITLE:
OR: 3424 PG: 0358
Ili!!I LElY CANAl - PER lASlP
DESIClI< ('9.J ACRES)
EXHIBIT B:LEL Y CANAL
(PER LASIP DESIGN)
LS
SEe: TWP: RCE: CROSS REFERENCE FIlE NO.:
PROJECT NUMBER:
N0229-022-003
Agenda Item No. 16B2
age 135 of 237
~
INDEX NUMBER:
D-N0229-74-8
SHEET NUW(R:
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Agenda Item No. 1682
March 2\2010
....i:::iyt: 1"0 I L')I
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LELY LN<ES
Iil!I I.ELY _ CNW. - EXISTING
(NOT ON __ BAY PROPERTY)
GJ EXIS11NC WETIANO
TITLE:
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EXHIBIT C: LELY MANOR CANAL
(EXISTING CONDITION)
INIJ(X Nut./iBER:
D-N0229-74-C
SHEET NUWSER:
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SEe: . TWP; ROE: CROSS REF1:R[NC( FILE NO.:
PROJECT NUN9rR:
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08/26/03
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VERTICAl SCAlE;
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TITLE:
"
EXHIBIT C: LEL Y MANOR CANAL
(PER 1985 MASTER PLAN)
LS
PROJECT NWBER:
N0229-022-00:3
Agenda Item No. 1682
March 23, 2010
mIL
INDEX NU...ocR=
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sHEEt NUhlBER:
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Agenda Item No. 16B2
f\A:::irr""h?~ ?01 ()
Page 140 of 237
OR: 3424 PG: 0363
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Agenda Item No. 1682
March 23, 2010
OR: 3424 PG: 036
_ LELY lIN<<lR CAIW. - PORTION
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_~~.=.v(~~
_ LELY WHOR CAHAl - SPREADER
LAKt (U ACRES)
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MENT DATE: TITLE: a~
08/26/03 EXHIBIT C: LELY MANOR CANAL
J HORIZONTAl.. SCAlE:
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vERTiCAl SCAlE: INDEx NUMBER:
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Page 4 0 7
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OAT[:
08/26/03
HORlZOtfl'Al SCALE:
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VERTICAl SCAlE:
N/"
TITLE:
OR: 3424 PG: 0366
EXHIBIT 0: AVALON SCHOOL
OUTFALL CANAL
LS
SEe: TWP: RGt~ CROSS REFERENCE fILE NO.:
PROJECT NUMBER:
N0229-022-003
Agenda Item No, 16B2
l.l~,~I, L::-, f.C 1::-
Page 143 of 237
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INDEX Nutr.tBER:
D-N0229-74-D
SHEIT NUWER;
1 OF 2
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Agenda Item No. 16B2
!\II:;:m'.h?':l ?()1()
Page 144 of 237
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OR: 3424 PG: 0367
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//
Agenda Item No. 1682
March 23, 2010
*** OR: 3424 PG: 0368 ***
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LElY LAKES
'MENT ()A.TE: TITLE:
08/26/03 EXHIBIT D: FERN STREET ~L1~
~ HORIZONTAl SCALE:
I" = 2000' RELIEF SYSTEM
vERTICAl SCAlE: INDEX NUMBER:
N/A 0-N0229-74-0
_S SEe: TWP: RGE: CROSS REfERENCE fILE NO.: I PROJECN0229_022_003 SHEET NUU8ER:
2 OF 2
Agenda Item No. 16B2
March 23, 2~O
pag1'6ftl7
AMENDMENT TO THE OCTOBER 14,2003 COMPANION AGREEMENT
REGARDING THE LELY AREA SURFACE WATER DRAINAGE
IMPROVEMENTS
THIS AMENDMENT TO COMPANION AGREEMENT (the "Amendment") is made
and entered into this 27th day of March, 2007, by and between Collier Land Development, Inc., a
Florida corporation (hereinafter referred to as "Developer"), and CDC Land Investments, Inc" a
Florida corporation formerly known as Collier Development Corporation, a Florida corporation
"County"),
Improvements on October
agreed to provide in part certain surface water management improvements in accordance with the
terms.and conditions of PUD Ordinance 86-77, which was approved by Collier County on
...........
November 10, 1986; and
WHEREAS, CDC/Developer is undertaking its obligations in a timely fashion under the
Companion Agreement and is poised to proceed with its further obligations thereunder; and
WHEREAS, both parties desire to fully clarify and resolve various issues concerning
their respective rights, expectations and duties under the Companion Agreement; and
Page I of 5
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Agenda Item No. 1682
Mar'<i,~2010
pagelUf 237
WHEREAS, numbered paragraph 13 of the Companion Agreement allows for the
amendment or modification of that agreement upon the mutual written consent of the parties or
their successors interest; and
WHEREAS, upon recommendation by the Transportation Administrator and after
reasoned consideration by the Board of Commissioners, the Board finds that this Amendment
enhances the County's stormwater management system and is in the public interest.
WIT N E SSE T H:
NOW, THEREFORE, in cons' \~R~~ars ($10,00) and other good and
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valuable consideration exchange ~gst the parties, an Jrt \sideration of the covenants
contained above and herein, {d tile ~bove rl~\S are true and correct and
shall be fully incorporated h r~.~.it(f d ~ q. ~~ s Amendment, the parties
agree as follows (additions in ~ deletions in' .~. 1$
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I. Page two (2), paragraph'i(Q fthe Com . l~~eement is amended as follows:
~~ HE CW.C/
WHEREAS, the County and CDCJDeVeki~owledge and agree that the valuation
of the eligible anticipated construction to the County's Leiy Project stormwater drainage
improvements will be based upon professional opinions of the total project's estimated probable
costs certified by a professional engineer, which valuation CDC/Developer shall provide to
County prior to the commencement of construction as set forth in Paragraph 4 below, ~
fer the CelHlly'9 buagetary fllJfJlsses must ee prsyieled tEl tile CSWlt)o FlS later tllM Marell 31"4
tile ealeftaar year prier Ie the year that CDCiDe'o'elefler break, grelJfldlHlder Paragfllllfl1 llele'N
Md CDc'(j)evelsper sllallupelate tile flrebable eests estimate and pre vide it te the CellHt)' prier te
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2. Page nine (9), paragraph (7)(B) of the Companion Agreement is amended as follows:
Page 2 of 5
Agenda Item NO~; ",
March 2 2 li
Page 1480 7
B, CDC/Developer will dedicate land needed for the drainage improvements, and shall
construct, the Avalon School outfall canalaas Fern gtreet Relief System as geographically, and
approximately depicted in Exhibit D, attached hereto and incorporated herein, upon the
commencement of construction of the Sabal Bay Development.
As to the Fern Street
Relief System, CDC Developer agrees to maintain the current positive outfall already in
existence which adequately conveys stormwater flow from Fern Street.
3, Page eight (8), paragraph five (5) of the Companion Agreement is amended to add
paragraph 5(K), as follows:
K. Upon performance of the Companion Agreement and as otherwise provided
herein, County agrees to reimburse CDCfDeveloper for the conveyances of land in fee
County's share of the actual
agrees to the proportionate
to the County on January 1 ,
construction, the County
onsuIting, Inc. provided
". The County further
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of the parties hereto or by their successors in interest.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
Page 3 of5
Agenda Item No, 1682
Marcl1J2nO~O
Page 1I~ <<
Attest: ,,: J C,o .
DWIG~l' f=,:' BRQCk, {:lerk
~ '
BOARD OF COUNTY COMMISSIONERS
::LLffiR~:I~
lame oletta, Chairman
By: ','
Attftt li:to Chi'
s lonltur. ant""., I
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STATE OF FLORIDA
COUNTY OF COLLIER
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o The foregoing instrument ~'1-5 acknowledg~d b:!'?re me this~day of March, 2007, by
r~L\J-rrevz.., ,as ~UC ra.e~~. of Collier Land Development, Inc,
He is [')'.] personally known to me, or [ ] has produced driver's license no,
M id'""fi"'~ ~7!.~
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(SEAL) Name: L'j "^ (Y\. L.t; fV'\'~
(Type or Print)
My Commission Expires: 2/ 'i /0 '1
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LYItlIL lAfBIW,
MY COIlMISSlOH t 003915\9
EXPIRES: FebMrt 4, 2009
iIDl'IdIclTtluH*yPldc\hllrWrllln
Page 4 of5
, .
Agenda Item No. 16B2
March 23of2n:! G
Page 150.fur
WITNESSES:
CDC LAND INVESTMENTS, INC.
BYcy~~
LYNN II.lAFSINA
MY COIIoISSION, DO 391519
EXPIRES: FeIln.wy 4, 2009
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STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrum nt
E \... eM-l 012.. W T A-YT ,
is fXI personally known to me
as identification.
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Agenda Item No 16e G
March 23,JiJU
Page 151 of 237
Exhibit "E"
fq~e. I ,,~ f
COMPLETE APPRAISAL IN A
SUMMARY REpORT
VACANlLAND
Lely Canal
SW QuadIant ofTamiami hI & Thomasson Dr
Naples, Collier County, FL 341 13
PREPARED FOR:
Patrick L, Utter
Collier Enterprises
3003 Tamiami Trail North
Naples, FL 34103
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C2003 BY INTEGRA REALTY ReSOURCES
Agenda Item No. 1 ~p G
March 23, 2
Page 152 of
Pacr 2" {: 4-
FebIuary 5, 2004
Patrick LUtter
Collier Enterprises
3003 1 amiami Trail Nortb
Naples, FL 34103
SUBJECI: Market Value Appraisal
Lely Canal
SW QuadJant of Tamiami II'I & Thomasson Dr
Naples, Collier County, FL 34113
Integt'a Southwest Florida File No 152-2003-0383
Dear Mr UUer:
Integra Realty ResollIces - So
complete appraisal of the re
opinion of the retrospecti m
November 9,1986 and Oc obe 23,
't the summalY repolt of a
praisal is to develop an
of the property as of
isat
T his report is intended t
report set forth under S
Appraisal l'1actice (USP.
reasoning, and analyses
concerning the data, reason
contained in this leport is s
appraisal as noted herein
for a swmnary appraisal
rds of Professional
ussions of the data,
rting documentation
e depth of discussion
the intended use of the
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March 3 11lt
Page 1 0 21'1'
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Based on the analyses and conclusions in the accompanying report, and subject to the
definitions, assumptions, and limiting conditions expressed herein, it is OUI opinion that the
retrospective market values of the Fee Simple estate of the various properties was:
Le1y Canal As Of November 9, 1986
14 3 Acres of Upland
186 Acres
31 Acres of Upland
155 Acr'CS of Wetland
$286,000
$62,000
$20,150
$50,400
$70,000
$20,000
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Agenda Item No. 16B2
Marct0,2H~~
Page "l4t'J i)
The preceding value conclusion is subject to the following ExlIaordinlllY Assumptions 8Ild
Hypothetical Conditions:
We were not fwnished a land survey for the areas subject to this appraisal, but were
provided land area estimates by the client It is assumed that the land 1II-ea estimates
are aCCUIate. Integra Realty Resources . Southwest Florida reserves the right to
change ow value conclusion, ifwllllanted, upon receipt of any information that could
affect the value conclusion,
2 Values are based on two separate effective dates of appraisal: November 9, 1986, and
October 23, 2002 The conclusion of value is based on an analysis as if the subject
plllcels are zoned agricultural, regardless of the CWlent CDC PUDIDRI zoning
designation, These instructions are pel' the "Companion Agreement" between Collier
Development Corp. and the BOllld of 'ssioners of Collier County, a copy of
which is contained in the adde "6R Co (;
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U. you have any questions or , please contact
opportunity to be ofservice
Respectfully submitted,
INTEGRA REALlY REso
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Agenda Item No. 16B2
Marc1f :A2f"0 ,~-1
PageJ.5Uf 07
Exhibit "F"
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Saba} Bay
Water Management Supporting
Calculations & Results for Pro-rated Contribution
Pursuant to Developer Contribution Agreement
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6610 Willow Park Drive
Suite 200
Naples, FL 34109
(239) 597-0575
1542 Carson Street
Fort Myers, FL 33901
(239) 278-5224
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Exhibit "6"
LEL Y CANAL PROPOSED BUDGET (Presented on January 19, 2007)
DescrlDtion of Work
Environmental Services
- Est Environmental. Pennit Costs to date'
Civil Engineering
- Est Civil Engineering Permit Costs to date
Excavation
Rock Blasting and Handling ,.
Water Quality Monitoring
Controlled Burn
Exotics Removal
Plantings
Miscellaneous
Contingencies (Approx 5%)
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Total Cost Modified Drai ~~r(.;OU~
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Less 3,500 CY Exes $2,281CY ;.;.
County's Propo
Less 3,500 cubl
NOTE: Bghty percent of
Grading the canal, building
creating a spreader lake wit
The proposed budget reflects
Agenda Item ~1.IilBt..
March '~,UJ1ll1
Page 157 of 237
f2~ ' of- I
ProDosed Budaet
$ 110,100
$55,500
$ 100,500
$37,700
$3,167,138
$1,000,000
$ 36,000
$ 52.500
$ 294,000
$ 115,000
$ 25,000
$ 250,000
$5,243,438
-$7,980
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Agenda Item No, 1682
March 23, 2010
Page 158 of 237
FIRST AMENDMENT TO OCTOBER 22, 2002 STANDARD FORM COLLIER COUNTY
CONTRIBUTION AGREEMENT FOR ROAD IMPACT FEE CREDITS
AND
SECOND AMENDMENT TO OCTOBER 14,2003 COMPANION AGREEMENT
REGARDING THE LEL Y AREA SURF ACE WATER DRAINAGE IMPROVEMENTS
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THIS AMENDMENT is made and entered into this ~ <lay of /otf (4~ , 2008, by and ~ ;-; ~
between Collier Land Development, Inc., a Florida corporation (hereinafter referred to as "Developer") - :I
and CDC Land Investments, Inc., a Florida corporation, fonnerly known as Collier Development _ ~
Corporation, a Florida corporation (hereinafter referred to as "CDC"), which, along with their respective ~ ..
successors and assigns, may be jointly referred to as "CDClDeve10per," and the Board of County ~
Commissioners of Collier County, Florida, as the governing body of Collier County (hereinafter referred ~
to as "County").
RECITALS:
WHEREAS, the parties entered into that certain Standard Fonn Collier County Contribution
Agreement for Road Impact Fee Credits dated October 22, 2002 and recorded in Official Records Book
3138, Page 2357 of the Public
Agreement"); and
WHEREAS, the parties ent
Developer Contribution Agreeme t R g
dated October 14, 2003 and reco ded n
Collier County, Florida (here' aft
Amendment to the October 14 20
Drainage Improvements dated l!I"i
the Public records of Collier <?
Agreement"); and ~
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WHEREAS, paragraph 32 'lih
Agreement allow for amendment or
successors in interest; and
337 of the Public Records of
amended by that certain
e Lely Area Surface Water
rds Book 4218, Page 145/ of
Amendment to Companion
WHEREAS, Developer and County have agreed to amend the Contribution Agreement and the
Companion Agreement, as amended, as provided herein.
WITNESSETH:
NOW, THEREFORE, IN CONSIDERATION. of Ten Dollars ($10.00) and other good and
valuable consideration previously exchanged between the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
I . All of the above RECITALS are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below.
2. Paragraph 5E of the Companion Agreement is amended as follows:
"E. CDC/Developer shall dedicate and convey, at no cost to the County, all--HgIKs
aREI iRlere5ls it RaG Ie a drainage easement for the existing Lely Canal that historically has
been maintained by Collier County. A graphic rendering of this area is shown as "Lely
Page I of8
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March 23, 2010
Page 159 of 237
Canal {Existing Conditions}," attached hereto as part of Exhibit B, calculated therein at
21.2 acres. All references to acreage herein, including this reference, are estimates only,
with a final detennination of actual acreage to be detennined in a customary manner by
the County."
3. Paragraph 5F of the Companion Agreement is amended as follows:
"F. CDClDeveloper shall dedicate and convey to County a drainal!e easement for an
additional 14.3 acres for the Lely Canal, representing the area of the widening of the
existing canal. A graphic rendering of this area is shown as "Lely Canal {Per 1985 Master
Plan}," attached hereto as part of Exhibit B, Collier County shall pay CDC/Developer the
appraised fair market value for the 14.3 acres drainage easement and the land valuation
shall be apprised as the value of Agricultural zoned land on the day before the County's
1986 rezoning to "PUD" ofthe CDC DRI/PUD land."
4. Paragraph 5G of the Companion Agreement is amended as follows:
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"K. Upon perfonnance of the Companion Agreement as amended bv the First
Amendment. and as otherwise provided herein, Countv agrees to reimburse
CDClDeveloper for the conveyances of (i) land in fee simple (specificallv, the Lelv
Manor Canal described in Paragraph 8 of the Companion Agreement) in accordance with
the summarv report of the real propertv appraisal from Integra Realtv Resources dated
Februarv 5, 2004, attached hereto as Exhibit "2", and (ii) bv drainal!e easement
(specifically, the Lely Canal described in Paragraph 5 of the Companion Al!Teement, as
amended, and the Avalon School Outfall Canal described in Paragraph 7 of the
Companion Al!Teement. as amended) in accordance with the summarY reoort of the real
propertv appraisal from Integra Realtv Resources dated Julv 26, 2007, attached hereto as
Exhibit "3". As to the Countv's share of the actual costs of the desil!ll, pennitting and
construction, the Countv agrees to the proportionate share calculations rendered bv RW A
Consulting, Inc, provided to the Countv on January 19, 2007, attached hereto as Exhibit
"F" to the First Amendment. The Countv further agrees with the current proposed proiect
Page 2 of 8
7.
follows:
Agenda Item No, 1682
March 23, 2010
Page 160 of 237
budlZet submitted bv CDC dated January 19. 2007. attached hereto as Exhibit "G" to the
First Amendment."
Paragraph 5 ofthe Companion Agreement is amended to add a new Paragraph 5(L), as
"L. The parties acknowledge and al!ree that CDClDeveloper shall construct the Lely
Canal in accordance with a Modified DrainalZe Desil!Il. and that CDClDevelooer shall
dedicate and convey bv draina~e easement lands for the Lelv Canal to be constructed by
CDClDevelooer, AccordinlZlv, uoon the completion of construction of the Lelv Canal. by
CDClDeveloper, the DrainalZe Easement recorded in the Official Records Book 157 at
Pages 269 throu(lh 270. inclusive, of the Public Records of Collier County, Florida
("ExistinlZ Easement") shall be terminated and replaced bv the drainasze easement as set
forth in Exhibit" 1" attached hereto and made a part hereof which reflects the meandered,
non-linear canal desil!Il (the "Replacement Easement"). The parties further acknowledlZe
and agree that the (i) Replacement Easement set forth in Exhibit" I" attached hereto shall
depict 52.27 acres of easement area and (ii) County's LASIP desil!Il plan for the Lely
Canal contemplates 49.37 acres of easement area. The County agrees to pay and
Develo r a ees to acce t I on the 49.37 acres which re resents the
ori inal 3 se ents of t Ian less the credit of 18.6 acres set
forth in Para a h 5 t. The tin of the 52,27 acre
Re lacement Ease an land conve ance re uirements
described above i
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commencement of cons
Outfall Canal S stem. Within s followin com letion of construction of
the Avalon School Outfall Canal, CDClDeveloper shall convey bv drainasze easement
land needed for the Avalon School Outfall Canal System drainage improvements, and the
parties hereto shall execute and record. a form of. the drainage easement substantially
similar to Exhibit "I" attached hereto and incorporated herein. As to the Fern Street
Relief SYstem, CDC/Develooer al!rees to maintain the current positive outfall already in
existence which adeauatelv conveys stormwater flow from Fern Street.
C. The County shall reimburse CDClDeveloper for the value of the dedication for
which the County is responsible for payment within three (3) Years of the date the real
properlY or easement is accepted bv the County and shall be valued based uoon an
appraisal. and valuation shall be appraised as the value of Al!ricultural zoned land on the
day before the County's 1986 rezoning to "PUD" of the CDC DRI/PUD land.
Notwithstanding the foregoing. the County, during any fiscal vear, shall not expend
money, incur anv liability, or enter into any contract which, bv its terms, involves the
expenditure of money in excess of the amounts budgeted for such proiects as available
for exoenditure durinlZ such fiscal year. Accordinglv, the Parties aoree that the County's
performance and obli~ation to pay within the timeframe provided under this Al!reement
is continlZent uPon an annual appropriation bv the Board of County Commissioners of
A.
"4".
Ian marked Exhibit
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Agenda Item No, 16B2
March 23, 2010
Page 161 of 237
Collier Countv, In the event funds have not been aoorooriated to timelv make payment
as orovided herein. County shall, within ninety (90) days of learnine of such non-
aooroDriation. eive CDC/Developer written notice of the need to amend the al!J"eement to
extend the time for payment. and the parties agree to extend the time for paYment to no
later than the first 30 days of the immediately followine fiscal year."
9. Paragraph 8C ofthe Companion Agreement is hereby modified by adding the following
additional provision:
"Exhibit "C" is hereby deleted in its entirety and substituted therefore Exhibits "5" (lake).
CDC/Develooer has elected not to dedicate or convey less than a thirtY-five (35) foot
strip and therefore any and all references to the CDC/Developer Portion are deleted in the
entiretv."
10. Paragraph 8 of the Companion Agreement is amended by adding the following additional
Paragraph 8(E):
"E, CDC/Developer shall dedicate and convey at no cost to the County within 90
da s from the effective date
tern or non-exclusive
for uses of hauli
Canal and s reader
on or before Dec be
s reader lake b th
delivered b th C
CDC/Develo er Wi
Coun shall re
to hand
cost to the Cou
width as shown il\
maintenance of the
and ACOE nnittin
maintenance road easeme u
Coun shall be solei res ns iJsS or liabili arisin from the Coun 's use
of the easement. The maintenance road easement may be relocated in the reasonable
discretion of CDC/Develooer, and CDC/Developer shall retain the rieht to utilize the
maintenance road easement area for any oumose that does not unreasonablv interfere
with the intended purpose of the easement. including but not limited to the riehtto install
fences and gates that restrict access to other than the County. In the event that the
pennanent non-exclusive maintenance road easement is relocated bv CDC/Develooer,
CDC/Developer shall be resoonsible for clearing and stabilization of the new easement
area. CDC/Develooer shall provide to County access throu~ the interior roadway
network of the Develooment such that County can reach the temoorary construction
easement and oennanent maintenance road easement. N oth in g herein shall create any
right or easement for the benefit of the general public."
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11. Paragraph 12 of the Companion Agreement is hereby modified as follows:
"12. All conveyances set forth herein shall be in fee simple to the County by warranty
deed except as may be specificallv provided herein, such as but not limited to the Lely
Canal and Avalon School Outfall Canal as described in Paragraphs 5 and 7, which shall
Page 4 of 8
Agenda Item No. 16B2
March 23, 2010
Page 162 of 237
be bv grant of easement. With respect to such conveyances and easements, the County
shall be responsible for paying the costs of any title work and searches, and
CDC/Developer shall be responsible at its costs for promptly removing or curing any
liens, encumbrances or deficiencies revealed in any title work."
12.
follows:
The fourth paragraph on Page 4 of the Contribution Agreement is hereby amended as
"WHEREAS, the County finds the plan of dedication in fee, or bv easement as further
sDecified herein or in the ComDanion Al!I'eement. as amended, for the Donated or
Conveyed Land described in Composite Exhibit "B" is in confonnity with contemplated
improvements and additions to the transportation network as described in the Collier
County Long-Range Transportation Plan and to the stonn water management plan of the
County; and"
13. Paragraph 20 on Page 10 of the Contribution Agreement is hereby amended as follows:
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15, Except as modified herein, the remaining provisions in the Contribution Agreement,
Companion Agreement and First Amendment to Companion Agreement shall remain in full force and
effect.
16. If there is any conflict between this Amendment and the Contribution Agreement, the
Companion Agreement or the First Amendment to Companion Agreement, the provisions of this
Amendment shall prevai I.
Page 5 of 8
BOARD OF COUNTY COMMISSIONERS
COLLlER~TY, FL A
By: :JfJ'--
TOM HENNING, CHAIRMAN
~d ~./
DONE AND ORDERED this~day of , f
.2008,
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Agenda Item No. 16B2
March 23, 2010
Page 163 of 237
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Agenda Item No. 1682
March 23, 2010
Page 164 of 237
W0JL f]
(Signature)
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(Print fu II name)
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(Signature) .
S fI-'Q Ii,)'" Eo, ",""-(1..1111
(Print fu II name) /
COLLIER LAND DEVELOPMENT, INC,
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By: "T do-
f'II\~ ,Vice President
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STATE OF FLORIDA
COUNTY OF COLLIER
ement was executed before me thil:!1ay of ~, 2008 by Rrhtr.t UJnr>A-
. sident of CDC Land Investments, Inc.
COllIE SANTAllADO
MY CQMUlSSION' OIl 519148
ElCPIe:.kI1O 16, 2010
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Page 7 of8
Agenda Item No 16B2
March 23, 2010
Page 165 of 237
Exbibit List for
First Amendment to Contribution Agreement and
Second Amendment to Companion Agreement
Exhibit I - Drainage Easement - Lely Canal
Exhibit I A - Land encumbered by Existing Drainage Easement
Exhibit I B - Lely Canal Legal
Exhibit 2 -Integra Realty Appraisal Summary Dated Feb. 5, 2004
Exhibit 3 -Integra Realty Appraisal Summary Dated July 26, 2007
Exhibit 4 - Avalon School Outfall Sketch
Exhibit 5 - Lely Manor Canal and Spreader Lake
Exhibit 6 - Lely Manor Temporary Construction Road and Pennanent Maintenance Easement
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Page 8 of 8
Agenda Item No, 1682
March 23, 2010
Page 166 of 237
EXHIBIT 1
(TO SECOND AMENDMENT
TOCOMPAmONAGREEMEND
Prepared by and return to:
Christopher J, Thornton, Esq.
Cheffy Passidomo Wilson & Johnson, LLP
821 Fifth Avenue South, Suite 20 I
Naples, FL 34102
DEDICATION AND CONVEYANCE
OF DRAINAGE EASEMENT
AND RELEASE OF ORIGINAL EASEMENT
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WHEREAS, Grant
Canal Easement recorded D
Records of Collier County, PI
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WHEREAS, pursuant to Paragraph 5 of the Companion Agreement, as amended, Grantor
is required to dedicate and convey by easement Grantor's right, title and interest in and to the LeIy
Canal, as constructed in accordance with the Modified Drainage Design; and
WHEREAS, Grantor wishes to comply with the provisions of Paragraph 5 of the
Companion Agreement, as amended, by granting and conveying the easement described herein; and
WHEREAS, in consideration of the easement to be granted by Grantor to Grantee
pursuant to this Easement Agreement, Grantee wishes to release and convey to Grantor all of
Grantee's interest in the Original Canal easement.
Agenda Item No. 16B2
March 23. 2010
Page 167 of 237
NOW, THEREFORE, for and in consideration of $10.00, as well as other good and
valuable considerations, the receipt and sufficiency of which is acknowledged by Grantor and
Grantee, the parties hereto agree as follows:
A. Grantee hereby quit claims and releases to Grantor all of Grantee's rights, title and
interest in and to the Original Canal Easement and the lands encumbered by the original Canal
Easement described in the attached Exhibit I A.
B. Grantor hereby grants and conveys to Grantee, on a quit claim basis and without
warranty of title, a perpetual, non exclusive easement, license, and privilege, to place and/or
excavate materials for the purpose of constructing, operating, and maintaining drainage
structures and facilities, including but not limited to canals, ditches, swales, earthen berms, rip-
rap and retaining wall systems, underground pipes, and various types of water control structures
(the "Replacement Canal Easement") within the following identified easement area, consisting of
lands located and being in Collier County, Florida:
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2. Nothing contained herein shall be construed as creating an easement or any other
right in favor of the general public in or to the Replacement Canal Easement or the Replacement
Canal Area or for any recreational use of the Replacement Canal Easement or the Replacement
Canal Area.
3. From and after the date of this Easement Agreement, Grantor, or Grantor's
successors or assigns, shall have full responsibility for the maintenance of that portion of the Lely
Canal located within the Replacement Canal Easement in accordance with all applicable permits,
approvals, laws, codes and regulations.
4. In the event Grantor shall fail to maintain the Replacement Canal Easement in
compliance with all laws, regulations, permits and approvals applicable to the use of the
Replacement Canal Easement for the purpose stated herein, Grantee, after at least thirty (30) days
2
Agenda Item No. 16B2
March 23, 2010
Page 168 of 237
prior written notice to Grantor of such deficiency and Grantor's failure to cure such deficiency
within thirty (30) days following receipt of Grantee's notice, shall have the right to enter into the
easement area to correct such deficiency, and upon completion thereof, Grantor shall reimburse
Grantee for Grantee's reasonable cost to correct the deficiency, In the event such deficiency poses
an immediate threat to the safety of any person or property, Grantee may take immediate remedial
action, without thirty (30) days prior notice to Grantor, but shall, as promptly as possible, give
notice of such deficiency to Grantor, In the event the Grantee enters the Replacement Canal
Easement for the purpose of maintenance and damages any landscaping, the Grantee's only
responsibility with respect to the landscaping shall be to restore the landscaping to the minimum
permitted requirements,
5. Nothing in this Easement Agreement shall be deemed or construed by either party or
by any third person to create the relationship of principal and agent or of limited or general partners
or of joint venturers or of any other association between the parties.
8. By executin
and full satisfaction of
Agreement, as amended.
the interpretation, validity,
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agraph 5 of the Companion
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Agenda Item No. 16B2
March 23, 2010
Page 169 of 237
IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name
by its duly authorized corporate officer.
Signed, Sealed and delivered
in the presence of:
COLLIER LAND DEVELOPMENT INC.,
a Florida corporation
Witness
Print Name:
By:
Print Name:
Title:
Witness
Print Name:
SEAL
of Collier
e~son ly known to me, or [ ] has
as identification,
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STATE OF FLORIDA
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[signatures and acknowledgments continue on following page]
4
Agenda Item No. 1682
March 23, 2010
Page 170 of 237
CDC LAND INVESTMENTS, INC" f7k!a
Collier Development Corporation, a Florida
corporation
Witness
Print Name:
By;
Print Name:
Title:
Witness
Print Name:
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this _ day of
20008, by
Land Investments, Inc., a Florid
produced driver's license no.
,
of CDC
ersonally known to me, or [ ] has
as identification.
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Agenda Item No. 16B2
March 23, 2010
Page 171 of 237
AITEST:
COLLIER COUNTY FLORIDA, a political
subdivision of the State of Florida
By:
By:
Print Name:
Title:
Approved as to form and legal sufficiency:
Print Name:
County Attorney
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March 23. 2010
Page 173 of 237
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1IIRIIIIT
A TRACT OR PARCEL OF lANP SITUATED IN THE STATE OF FlORIDA. COUNTY OF
eOWER.L YING IN SECTION 1G, TOWNSHIP 50 SOlITH, RANGE 26 EAST, AND SECTIONS
24 AND 25, TOWNSHIP 50 SOUTH, RANGE 25 EAST AND BEING FURTHER BOUNDED AND
DESCRIBED AS FOUOWS:
eOMMENCING AT THE SOUTHWEST eORNER OF SECTION 19, TOWNSHIP 50 SOUTH,
RANGE 28 EAST:
THENCE N.W13'03-W..ALONG THE weST LINE OF SAID SECTION 19. FOR 2,222.38 FEET
TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL:
THENCE N.71~2'59"E., FOR 109.33 FEET TO A POINT OF CURVATURE;
THENCE NORTHEASTERLY 531.76 FEET AlONG THE ARC OF A TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 800.00 FEET THROUGH A CENTRAl ANGLE OF 38"05'0'-
ANP BEING SUBTENOED BY A CHORD WHICH BEARS N.52'2O'29"E. FOR 522-01 FEET:
THENCE N.33-17'59-E., FOR 167.67 FEET TO A POINT OF CURVATURE;
THENeE NORTHEASTERlY 2G'.58 FEET AlONG THE ARC OF A TANGENTIAl CURVE TO
THE RIGHT HAVING A RADIUS OF 800,00 FEET THROUGH A CENTRAl. ANGLE OF
20'52'58" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.43'44'28"E. FOR 28997
FEET TO A POINT OF REVERSE eURVATURE:
THENCE NORTHEASTERLY 205.48 FEET AlONG THE ARC OF A REVERSE CURVE TO THE
LEFT HAVING A RADIUS OF "G.85 FEET THROUGH A CENTRAl ANGLE OF 28'03'1 r AND
BEING SUBTENOED BY A CHORD WHICH BEARS N.40.09'18"E. FOR 203.43 FEET;
THENCE N.26"'07'39-E.. FOR 196.28 FEET TO A POINT OF CURVATURE;
THENCE NORTHEASTERL V 60.32 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO
THE RIGHT HAVING A RADIUS OF 230.97 FEET THROUGH A CENTRAl ANGLE OF
'''-SrtW AND BEING SUBTENOEO BY A CHORD WHICH BEARS N.33-36'35-E. FOR 60 15
FEET:
THENCE N.41.05'30.E., FOR 384.98 FeET
LINE OF TAMIAMI TRAIL (US HWY, 41
THENCE N.39.03'S2"W., ALONG
THENCE S.41-05'3<rW.,
THENCE SOUTHWES
THE LEFT HAVING A
AND BEING SUBTENOED B
THENCE S.26"07'39"W., FO
THENCE SOUTHWeSTE
THE RIGHT HAVING A IUS
28.03'17. AND BEING SU TEN A .51
FEET TO A POINT OF RE ERS CU VAT E;
THENCE SOUTI-M'ESTE Y 37 23 ET 0
THE lEFT HAVING A R 0
20-52'58" AND 8EING SU 0
~~~~eE S33'17'59"W.. FO ~7
THENCE SQUTHlNESTERL
THE RIGHT HAVING A RADIU
38.05'01. AND BEING SU8TEN
FEET;
THENCE S.71"22'59'W., FOR 138.3
THENCE SQUTHWESTERL Y 956.70 F
CURVE TO THE LEFT HAVING A RADIUS
OF 60.'4'10" AND BEING SUBTENOEO BY A C
913.25 FEET TO A POINT ON A CURVE;
THENCE SOUTJ-MfESTERL Y 446.64 FEET AlONG THE ARC OF ANON- T AN13ENTIAl
CURVE TO THE RIGHT HAVING A RAOIUS OF 918.22 FEET THROUGH A CENTRAl ANGLE
Page 1 ofl4
R'~16,oo.lXl Stballby.lAl)' M.in C_lIODOl E.~n'IOtion ''''';1 ApplQi;.",fOn=plCanll_f_\&h)bil A.doc
Agenda Item No, 16B2
Mi\[C<Q 23, ",-010
Exh!p1I71~37
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OF 27-52'12" AND BEING SUBTENOEO BY A CHORD WHICH BEARS S.38-36'lQ"lN. FOR
442.25 FEET TO A POINT ON A CURVE:
THENCE SOUTHWESTERLY &82.84 FEET ALONG THE ARC OF A NON. TANGENTiAl
CURVE TO THE LEFT HAVING ARAPIUS OF 1,288.53 FEET THROUGH A CENTRAL ANGLE
OF 26"'21'08" AND BElNG SUBTENDEO BY A CHORD WHICH BEARS S.2S-48'56'W. FOR
587.43 FEET TO A POINT ON A CURVE;
THENCE SOUTHWESTERLY 395.72 FEET ALONG THE ARC OF A NON-TANGENTIAl
CURVE TO THE RIGHT HAVING A RADIUS OF 1,052.711 FEET THROUGH A CENTRAL
ANGLE OF 21 ~'1f1' AND BEING SUBTENDeO BY A CHORD WHJCH BEARS S.4O"'05'54-W
FOR 393.39 FEET TO A POINT ON A CURVE:
THENCE SOUTHWESTERLY 431.'0 FEET ALONG THE ARC OF A NON. TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 727.49 FEET THROUGH A CENTRAL ANGLE
OF 34-26'57" ANO BEING SUBTENOED BY A CHORD WHICH BEARS S.2e-31'06"W. FOR
430.84 FEET TO A POINT ON A CURVE;
THENCE SOUTHERL V 89.60 FEET AlONG THE ARC OF A NON-TANGENTIAL CURVE TO
THE RIGHT HAVING A RADIUS OF 190.59 FEET THROUGH A CENTRAL ANGLE OF
26-56'13" AND BEING SUBTENOE08Y A CHORD WHICH BEARS S.20-44'<45'W. FOR BB.78
FEET;
THENCE S.3S-58'1W'W., FOR 187.56 FEET TO A POINT OF CURVATURE:
THENCE SOUTHWESTERLY 229.18 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 1,035.00 FEeT THROUGH A CENTRAl ANGLE OF
'2-."16"' AND BEING SUBTENoeO BY A CHORD WHICH BEARS S.W31'41 "IN. FOR 228.73
FEET TO A POINT OF REVERSE CURVATURE;
THENCE SOUTHW'ESTERL. Y 151.28 FEET ALONG THE ARC OF A REVERSE CURVE TO
THE RIGHT HAVING A RAPIUS OF 800.00 FEET THROUGH A CENTRAL ANGLE OF
11-15'52" ANO BEING SUBTENDED BY A CHORD WHICH BEARS S.28-S<4'S9'W, FOR 157.03
FEET TO A POINT OF REVERSE CURVATU
THENCE SOUTHWESTERlY 40.4.55 FEET
THE L.EFT HAVING A RADIUS OF 1,03 ,
22"23'42" AND BEING SUBTENOED
FEET TO A POINT OF REVERSE
THENCE SOUTHERL Y 98.U~ F
RIGHT HAVING A RADIUS OF 3.
AND BEING SUBTENOeO B ^ CH
THENCE S.19-17'57'W.. FO 157. FE
THENce SOUl"I-iV'JESTER 181 0 FEET
THE RIGHT HAVING A RA IUS
13-00'48- AND BEING SU TEN
FEET TO A POINT OF R ERS CU VAT
THENCE SOUTHWESTE Y 98 F ET
LEFT HAVING A RADIUS
BEING SUBTENDED BY A
POINT OF REVERSE CUR
THENCE SOUTtfNESTERL
THE RIGHT HAVING A
1(j-Ot'29" AND BEING SUBTE
FEET TO A POINT ON A CURV
THENCE $OUTHWESTERL Y59. F
TO THE lEFT HAVING A RADIUS 0
25"28'47- AND BEING SUBTENOED B
FEET TO A POINT ON A CURVE;
THENCE SOUTHWESTERLY 145.96 FEET ALON A NON.TANGENTIAl
CURVE TO THE RIGHT HAVING A RADIUS OF 125.51 FEET THROUGH A CENTRAl ANGLE
OF 66~7'<49. AND BEING SUBTENDEO BY A CHORD WHICH BEARS S.58-S3'26"W. FOR
, 37 .87 FEET TO A POINT ON A CURVE;
Page 2 ofl4
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Agenda Item No, 1682
March 23, 2010
Page 175 of 237
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eURVE TO THE LEFT HAVING A RADIUS Of 12'.56 FEET THROUGH A CENTRAl ANGlE
OF 95"00'0<4" AND 8EING SUBTENDEP BY A CHORD WHICH BEARS S,47"23'33"W, fOR
'7\1.'6 FEET TO A POINT ON A CURVE:
THENCE SOllTHWESTERL Y 184.08 FEET ALONG THE AIle OF A NON-TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 110.47 FEET THROUGH A CENTRAL ANGLE
OF '03.54'40" AND BEING SUBTENPED BY A CHORD WHICH BEAIlS 5.51 "O"'5"W. FOR
142.50 FEET TO A POINT Of REVERSE CURVATURE:
THENCE WESTERLY 144, , 7 FEET AlONG THE ARC OF A REVERSE CURVE TO THE LEFT
HAVING A RADIUS OF 157.00 FEET THROUGH A CENTRAl ANGLE OF 52"36'.3' AND
BEING SUBTENOED BY ACHORD WHICH BEARS S.78e40'44"W. FOR 139.15 FEET;
THENCE S.50"22'23"W.. FOR 179.63 FEET TO A POINT OF CURVATURE;
THENCE WESTERLY 62.81 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
RIGHT HAVING A RADIUS OF 83.00 FEET THROUGH A CENTRAL ANGLE OF 38-34'20. AND
BEING SUBTENDED BY A CHORD WHICH BEARS S.89.39'33'W. FOR 61..3 FEET;
THENCE S.88~'43'W., FOR 14,45 FEET TO A POiNT OF CURVATURE;
THENCE WESTERLY 33.09 fEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
RIGHT HAVING A RADIUS OF 104.50 FEET THROUGH ACEmRAl ANGLE OF 18'"08'36"
AND BEING SUBTENDED BY A CHORD WHICH BEARS N,6"58'59"W. FOR 32.95 FEET:
THENCE N.72.54'41'W., FOR 63,21 FEET TO A POINT OF CURVATURE:
THENCE WESTERLY 61.05 FEET AlONG THE ARC OF A TANGENTIAL eURvE TO THE
LEFT HAVING A RADIUS OF 157,00 FEET THROUGH A CENTRAL ANGLE OF 22.'6'40' AND
BEING SUBTENDEO BY A CHORD WHICH BEARS N.84.03'01 '"W. FOR 80.66 FEET;
THENCE S.84.48'39"IN., FOR 8.76 FEET:
THENCE S.85e14'31'W.. FOR 4.US FEET:
THENCE S.9<l'"OO'OO"W., FOR ti1.65 FEET;
THENCE N.84.17'43W., FOR 37.33 FEET;
THENCE N.75.S6'21'W., FOR 26.24 FEET C
THENCE NORTHWESTERlY 10.26 F A
THE RIGHT HAVING A RADIUS OF
AND BEING SUBTENDED BY A
THENCE N.52"27'03"W., FOR :
THENCE N.56"11'1~"W., FOR 7.42 F. ET T
THENCE NORTHWESTERL 12.58 E ONG
TO THE LEFT HAVING A IUS F THR
14"23'50~ AND BEING SU!,EN 0 BY ACHOR
FEET;
THENCE N.70"43'22W., F R
THENCE N.71.22'3BW., 5
THENCE N.71'"34'38"'vV.,
THENCE WESTERLY 3.55
LEFT HAVING A RADIUS
BEING SUBTENDED BY A
THENCE N. 7S"06'03"W.. FO
THENCE WESTERLY7,'6 F
~~~~~E~~; g~6~~H " ~ 0 BEING
THENCE N,85"14'17"W., FOR 19.1 ~ Ei.i\~
THENCE WESTERLY 1.55 FEET AL ,c.u TO THE LEFT
HAVING A RADIUS OF 45.00 FEET THR G ~ 58'37" AND BEING
SUBTENDED BY A CHORD WHICH BEARS . EET;
THENCE N.87"12'54"W., FOR 27,52 FEET TO A PO RVATURE;
THENCE WESTERLY 2.19 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT
HAVING A RAOIUS OF 45.00 FEET THROUGH A CENTRAL ANGLE OF 02"47'06" AND BEING
SUBTENDEP BY A CHORD WHICH BEARS N.86"36'27"W. FOR 2.19 FEET:
THENCE S.OO"OO'OO'W., FOR 20.98 FEET TO A POINT OF CURVATURE;
Page 3 of 14
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Agenda Item No. 16B2
March 23, 2010
Page 176 of 237
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THENCE WESTERLY 15.38 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
LEFT HAVING A RADIUS OF 52.00 FEET THROUGH A CENTRAL ANGLE OF ,6'56'43" ANP
BEING SUBTENDEO BY A CHORD WHICH BEARS S.81'"31'39"W. FOR 15.32 FEET:
THENeE S.73'03'11"o'1.. FOR 82.92 FEET TO A POINT OF CURVATURE:
THENCE SOUTHVVESTERlY 31.20 FEET AlONG THE ARC OF A TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 52.00 FEET THROUGH A CENTRAL ANGLE OF 34'22'30"
ANP BEING SUBTENOEP BY A CHORD WHICH BEARS S.SS'52'02"W. FOR 30,73 FEET:
THENCE S,3S--40'4rw" FOR 22.43 FEET TO A POM OF CURVATURE:
THENCE SPUTI-MIESTERlY 25.48 FEET ALONG THE ARe OF A TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 52,00 FEET THROUGH A CENTRAL ANGLE OF 28'03'2"
ANP BEING SUBTENOEO BY A CHORD WHICH BEARS S.24"3ll'OO'W FOR 25,21 FEET:
THENCE S.10-37'26'V1., FOR 36.57 FEET TO A F>>OINT ON A CURVE;
THENeE SOUTHERLY 34,49 FEET ALONG THE ARC OF A NON- TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 6'.lltl FEET THROUGH A CENTRAL ANGLE OF 31 '53'37"
AND BEING SUBTENOEP BY A CHOROWHICH BEARS S.04'25'39"W. FOR 34,05 FEET:
THENce S.2.-Z3'04-e., FOR 22.11 FEET TO A POINT Of CURVATURE;
THENCE SOUTHEASTERLY 2122 FEET ALONG THE ARC OF A TANGENTiAl CURVE TO
THE LEFT HAVING A RADIUS OF 59.00 FEET THROUGH A CENTRAL ANGLE OF 20-36'32-
AND BEING SUBTENOEO BY A CHORD WHICH BeARS S.34-.''20-e. FOR 21.11 FEET TO A
POtNT ON A CURVE;
THENCE SOUTHEASTERLY "5."3 FEET ALONG THE ARC OF A NON.TANGENTIAL CURVE
TO THE LEFT HAVING ^ RADIUS OF 95.67 FEET THROUGH A CENTRAL ANGLE OF
2r09'06- AND BEING SUBTENOED BY A CHORD WHICH 8EARS S.SO-33'l2"E. FOR. 45.01
FEET;
THENCE S.68-32"41-E., FOR 40.37 FEET:
THENCE $.49"1Z42-E., FOR 16.~ FEET;
THENCE S.33.42'53-E., FOR 11.91 FEET TO A PO
THENCE SOUTHEASTERLY 42.53 FEET
TO THE RIGHT HAVING A RADIUS OF
25-'0',,- AND BEING SUBTENOEO
FEET;
THENCE S20-33'39"'N., FOR 1
THENCE S."O"2S'37"W., FOR .4
THENCE SOUTHERLY 83.3 EET
lEFT HAVING A RADIUS 0 49.
BEING SUBTENOED BY A HO
THENCE S.56'59'52-E.. FqR 32,
THENCE 5.69"'3'00-e., F 32
THENCE S.71"38'3S-E.. F 14
THENCE' S.72-21'32"E., F R 18 1 F ET;
;~~~g~ ::~::~~~:t = ~.\ F ,
THENCE N.73-SS'34.E., F 22. FEET;
THENCE N.62"38'4S-E., F m FEET;
THENCE N.59-27'2S-E., FO EET;
THENCE N.7Z-22'27"E., FOR , T;
THENce N.87-02'43"E., FOR 1
THENCE S.88-32'4.-E.. FOR 10. ~:
THENCE S.48-'1'OO"E.. FOR 104.6 .~
THENCE SQUTHEASTERl Y 28.41 FE 0
THE LEFT HAVING A RADIUS OF 59.00 F T
AND BEING SUBTENOED BY A CHORD WHICH O"E. FOR 28.1. FEET:
THENCE S.nj-46'19-E.. FOR -47.78 FEET TO A POINT OF CURVATURE;
THENCE EASTERLY 23,56 FEET ALONG THE ARC OF A TANGENTIAl CURVE TO THE
LEFT HAVING A RADIUS OF 59.00 FEET THROUGH A CENTRAl ANGLE OF 22"52'55" AND
BEING SUBTENDED BY A CHORD WHICH BEARS S.8r1Z'47"E. FOR 23.411 FEET;
Page40fl4
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Agenda Item No 16B2
March 23, 2010
Page 177 of 237
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THENCE N.81'20'4S"E.. FOR 74,27 FEET;
THENCE 8.83'32'37'E., FOR 28.55 FEET:
THENCE S.32"Or59"E.. FOR 29.82 FEET:
THENCE S.38.58'2oC"E.. FOR 19.66 FEET;
THENCE S,11'23'34'E.. FOR 30.83 FEET:
THENCE S.21'58'54"E., FOR 24.00 FEET:
THENCE S.33'45'47"E., FOR 25.23 FEET:
THENCE S.31'10'38'E., FOR 18.82 FEET:
THENCE '.28'2O'01'E.. FOR 16.88 FEET:
THENCE '.27"02'OO'E., FOR 18.82 FEET:
THENCE S.25'Or59"E.. FOR 37.09 FEET:
THENCE S.20'"22'4rE., FOR 42.72 FEET;
THENCE S.29.'3'43"E., FOR 29.16 FEET;
THENCE S.02"13'26"E.. FOR 22.37 FEET:
THENCE S.02"44'31"E.. FOR 11.95 FEET:
THENCE S.22.54'44"W., FOR 6.59 FEET TO A POINT ON A CURVE:
THENCE SOUTHERLY 25.96 FEET ALONG THE ARC OF A NON- T ANGENT\Al CURVE TO
THE LEFT HAYING A RADIUS OF 58.00 FEET THROUGH A CENTRA.l ANGLE OF 25.'3'52~
AND BEING SUBTENPED BY A eHORD WHICH BEARS S.18'59'01'W. FOR 25.77 FEETTO A
POINT ON A CURVE:
THENCE SOUTH'NESTERLY 25.27 FEET ALONG THE ARe OF A NON. TANGENTIAL CURVE
TO THE LEFT HAVING A RADIUS OF 58.00 FEET THROUGH A CENTRAL ANGLE OF
24"32'22" ANQ BEING SUBTENOEO BY A CHORD WHICH BEARS S.29"34'28"W. FOR 25.06
FEET:
THENCE S.17"18'17-W", FOR 8,56 FEET TO A POINT OF CURVATURE;
THENCE SOUTHERLY 23.90 FEET AlONG THE ARC OF A TANGENTIAL CURVE TO THE
lEFT HAVING A RADIUS OF 59.00FEET~HRO NGlEOF 23.'2'41- AND
BEING SUBTENOEO BY A CHOA.o WHIC ~l't.~,I'Wb.. ,74 FEET;
THENCES27"09'48"W..FOR41.04F .\> V /V
~~~g~~:~~:~~~~~:,~C:~~2 " ' 1';;
THENCE S.26......ZI5"W" FOR 2 . TOA POINT OF CURVATURE; ,
THENCE SOUTHERLY 73.83 ET NG THE ARC OF A T ANGENTIAt. C ve T
LEFT HAVING A RADIUS OF 9.00 E THRO GlE OF -'9'
BEING SU'TENDED BY A OR H 57.04 FE T;
THENCE S,59~15'25-e., F 17.4 FEET,
THENCE S.66-40'S6-E., F 20.
THENCE EASTERLY 33.3 FE
LEFT HAVING A RADIUS F 52.
BEING SUBTENOEO BY A HO
THENCE N.7S.04'40.E.. F
THENCE EASTERLY 8.43
HAVING A RADIUS OF 52.
SUBTENPEO BY A eHORD
THENCE N.6S-47"S-E.. FOR
THENCE NORTHEASTER!.. Y
THE lEFT HAVING A RADIUS 0
AND BEING SUBTENDED BY A e
THENeE N.23'49'17'E., FOR
~~;~~~~H~~~7ci;;:~~T _E' -~ F~~~ EO~~~~;'~7T~~o
BEING SUBTENDEO BY A CHORD WHICH BEARS . ~ 17.82 FEET;
THENCE N.04-05'20-E., FOR 87.78 FEET TO A POINT OF CURVATURE;
THENCE NORTHERL Y 9~7 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
LEFT HAVING A RADIUS OF 52.00 FEET THROUGH A CENTRAL ANGLE OF 10'2.~3' AND
BEING SVSTENDED BY ACHORD WHICH BEARS N,01'07'41.W. FOR 9.46 FEET;
Page S ofl4
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Agenda Item No, 1682
March 23, 2010
Page 178 of 237
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THENCE N06"2O'43"W.. FOR 81.45 FEET TO A POINT OF CURVATURE;
THENCE NORTHERLY 26.55 FEET ALONG THE ARC OF A TANGENTIAl. CURVE TO THE
RIGHT HAVING A RADIUS OF 93.00 FEET THROUGH A CENTRAL ANGLE OF 1M1'33" AND
BEING SUBTENDED BY A CHORD WHICH BEARS N,O"6O'04"E, FOR 26.46 FEET:
THENCE N.10-OO'51"E., FOR 82.38 FEET TO A POINT OF CURVATURE;
THENCE NQRTHEASTERL Y 43.32 FEET AlONG THE MC OF A TANGENTIAl CURVE TO
THE RIGHT HAVING A RADIUS OF 93.00 FEET THROUGH A eENTRAL ANGLE OF 26'41'09'
AND BEING SUBTENOEO BY A CHORD WHICH BEARS N.23"21'26"E. FOR 42.92 FEET;
THENeE N.36'41"9"E., FOR 139.49 FEET TO A POINT OF eURVATURE;
THENCE EASTERLY 120,06 FEET AlONG THE ARC OF A TANGENTIAL CURVE TO THE
RIGHT HAVING A RADIUS PF 113.00 FEET THROUGH A CENTRAL ANGLE OF 73'67'53' AND
BEING SUBTENOEO BY A CHORD WHICH BEARS N.13"40'55"e. FOR 111,89 FEET TO A
POINT OF REVERSE eURVATURE;
THENCE NORTHEASTERLY 315.88 FEET ALONG THE ARC OF A REVERSE CURVE TO THE
lEFT HAVING A RADIUS OF 152.70 FEET THROUGH A CENTRAl ANGLE OF 118"31'2'.
AND BEING SUBTENDEO BY ACHORD WHICH BEARS N.51~4'1'''E. FOR 262.49 FEET TO
A POINT ON A CURVE;
THENCE NORTHEASTERLY 37t5.52 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 219.05 FEET THROUGH A CENTRAl ANGLE
OF as-29"OW AND BEING SUBTENOED BY A CHORD WHICH BEARS N.43-56'43"E. FOR
331.85 FEET TO A POINT ON A CURVE;
THENCE NORTHEASTERLY 273.76 FEET ALONG THE ARC OF ANON. TANGENTiAl
CURVE TO THE LEFT HAVING A RADIUS OF 1&7.&0 FEET THROUGH A CENTRAL ANGLE
OF 93'35'03' AND BEING SUIlTENDED BY A CHORO WHICH BEARS N,37"26'12"E. FOR
244.32 FEET TO A POINT ON A CURVE;
THENCE NORTHEASTERl. Y 77 .28 FEET AlONG THE ARC OF ANON. TANGENTiAl CURVE
TO THE RIGHT HAVING A RADIUS OF 140.99 ~~NTRAL ANGLE OF
3'-24'14"ANDBEINGSUeTENDEOBYA~. 'H H~ ~~, " '37"E.FOR76.3'
FEET TO A POINT ON A CUFNE;\ ~ \\....J ~
THENCE NORTHEASTERLY 170. HE ARC OF TlAl
CURVE TO THE LEFT HAVING A 1,035.00 FEET THROUG L ANGLE
OF 09-27'<46"' AND BEING S A CHORD WHICH BEARS N.2 '52"' FOR
170,74 FEET TO A POINT OF EVE C "TURE;
THENCE NORTHEASTERLY 9.81 E ALONG T A WERSE C E
RIGHT HAVING A RADIUS F 586 F UGH A CENT OLE OF 7.04' 5"
AND BEING SUBTENDEO A ORD WHICH . 8"46'22"' FOR 69.7 FEE TO A
POINT OF REVERSE CUR ATU
THENCE NORTHEASTE Y 23
LEFT HAVING A RADIUS "
AND BEING SUBTENOEO Y
THENCE N.1S-1'1"S7"E., F 1
THENCE NORTHERLY 12 G TH C OF
LEFT HAVING A RADIUS .~ 72 FEETTHROlJGHA CE
AND BEING SUBTENDEO B "lC: 0 WHICH BEARS N.1S-43
A POINT OF REVERSE CUR
THENCE NORTHEASTERLY 3 .otE.
RIGHT HAVING A RADIUS OF obo
AND BEING SUBTENOEO BY A C 0
A POINT OF REVERSE CURVATUR .
THENCe NORTHEASTERLY 203.48 FE
lEFT HAVING A RADIUS OF 1,035,00 FEET
AND BEING SUBTENDEO BY A CHORD WHICH B
A PO!NT OF REVERSE CURVATURE;
THENce NORTHEASTERLY 177.15 FEET ALONG THE ARC OF A REVERSE CURVE TO THE
RIGHT HAVING A RADIUS OF 800.00 FEET THROUGH A CENTRAL ANGLE Of 12-41'16"
AND BEING SUBTENOED BY A CHORD WHICH BEARS N.29"37'41ME. FOR 176.79 FEET;
Page 6 of]4
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Agenda Item No. 16B2
March 23, 2010
Page 179 of 237
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THENCE N.3S'58'1ll"E., FOR 187.55 FEET TO A POINT ON A CURVE:
THENCE NORTHER1. V 196.69 FEET ALONG THe ARC OF A NON.TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 424.74 FEET THROUGH A CENTRAl ANGLE OF 28-32'00.
AND BEING SUBTENDED BY A CHORD WHICH BEARS N,21'57'32"E. FOR 19<4.94 FEET TO
A POINT ON A eURVE;
THENCE NORTHEASTERLY 281.25 FEET ALONG THE ARC OF A NON-- TANGENTiAl
CURVE TO THE RIGHT HAVING A RADIUS OF 4Q2.49 FEET THROUGH A CENTRAL ANGLE
OF 32'43'15" AND BEING SUBTENDEQ BY A CHORD WHICH BEARS N.28"2O'20"E. FOR
m.4S FEET TO A POINT ON A CURVE:
THENeE NORTHEASTERLY 503.03 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THe LEFT HAVING A RADIUS OF 1,287.79 FEET THROUGH A CENTRAl ANGLE
OF 22~2"fiO. AND BEING SUBTENDED BY A CHORD WHICH BEARS N.3r08'23"E. FOR
499,&4 FEET TO A POINT ON A eURVE:
THENCE NORTHEASTEFU.. Y 490.56 FEET ALONG THE ARC OF A NON-- TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 1.053.53 FEET THROUGH A CENTRAL
ANGLE OF 26-40'046- AND BEING SUBTENOED BY ^ CHORD WHICH BEARS N.2r3S'56"E.
FOR 458.14 FEETTP A POINT ON A CURVE:
THENCE NORTHEASTERLY 570.98 FEET ALONG THE ARC OF ANON.TANGENTlAl
CURVE TO THE LEFT HAVING Po RADIUS OF 1,142.43 FEETTHROUGH A eENTRAL ANGLE
OF 28~6'12. AND BEING SUBTENDEO BY A CHORD WHICH BEARS N,37-0S'39"E. FOR
S6M7 FEET TO A POINT ON Po CURVE:
THENCE NORTHEASTERLY 731.18 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 675.00 FEET THROUGH A CENTRAL ANGLE
OF 62-03'53- AND BEING SUBTENDED BY A CHORD WHICH BEARS N.4tr24'59"E. FOR
695.96 FEET;
THENCE N.71.22'59"E.. FOR 30.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL
DESCRIBED HEREIN.
Page 7 of J4
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Agenda Item No, 16B2
March 23, 2010
Page 180 of 237
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Agenda Item No 16B2
March 23, 2010
Page 181 of 237
THIS IS NOT A SURVEY
SEE SHftl' 9
... A
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UN( TABL.E
LINE BEARING LfNGTH
11 N 108.33'
L2 '57.!?'
L8 7' 167.6?'
... 13V.33'
Ul5 7 ' . lI". 30.00'
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565.00'
V10.OO'
675.00'
CUfM" TABlE
DELTA
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38' .,.
14'1er
IS 3'53"
CHORD eRC.
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COLLIER LAND DEVELOPMENT, INC.
Tm..E:
Agenda Item No. 16B2
March 23, 2010
Page 182 of 237
THIS IS NOT A SURVEY
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Agenda Item No. 16B2
March 23, 2010
Page 183 of 237
THIS IS NOT A SURVEY
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Agenda Item No. 1682
March 23, 2010
Page 184 of 237
THIS IS NOT A SURVEY
CUlNE
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Agenda Item No. 16B2
March 23,2010
Page 185 of 237
THIS IS NOT A SURVEY
SEE SHEET "
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Agenda Item No. 16B2
March 23, 2010
Page 186 of 237
THIS IS NOT A SURVEY
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Agenda Item No. 16B2
March 23, 2010
Page 187 of 237
LINE
112
l1J
11.
l1S
118
117
118
119
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NS1' 4!!o.
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LENGTH
11.11i1'
1~.3Ii1'
10.5<t-.
104.60'
"7.7S'
74.27'
28.55'
21i1.62'
19.68'
Jo.eJ'
24.00'
25.23'
18.82'
lt5.66'
16.82'
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42.12'
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6.51i1'
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22.83'
24.66'
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14.45'
63.21'
8.78'
44.15'
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37.33'
26.24'
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47.42'
58.31'
52,e,1'
33.10'
2,80'
19.11'
27.52'
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22.43'
3&.57'
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ExhibIt 2
Agenda Item No, 16B2
March 23, 2010
Page 188 of 237
February 5, 2004
Patrick L, Utter
Collier Enterprises
3003 Tamiami Trail North
Naples, FL 34 I 03
SUBJECT: Market Value Appraisal
Lely CanaJ
SW Quadrant ofTamiarni TrI & Thomasson Dr
Naples, Collier County, FL 34113
Integra Southwest Florida File No. 152-2003-0383
Dear Mr. Utter.
mit the summary report of a
. s appraisal is to develop an
te of the property as of
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complete appraisal of the re~
opinion of the retrospectiv
November 9,1986 and Oc ber
This report is intended t
report set forth under
Appraisal Practice (US
reasoning, and analyses
concerning the data, reaso
contained in this report is to the needs of e
appraisal as noted herein. OJ;. \)<)
As of the effective date(s) of appraisE. i~~ a vacant, unimproved tract of land
containing an area of 1,605.45 acres, zonea or cultural uses. It is presently known as the
CDC PUDIDRI, and is located at the southwest quadrant of Tamiami Trail (US 41) and
Thomasson Drive, The specific parcels that are subject to this appraisal are 14.2 a= of
upland, 18.6 acres (15,5 acres of wetland and 3.1 acres of upland), and 13.9 upland acres of
the Lely Canal; 9.68 upland acres, and 2.52 upland acres of the Lely Manor Canal; 3.5
upland acres of the Avalon School Outfall; and 1.0 upland acre of the Fern Street Relief
System. These parcels collectively total 63.4 acres, of which 15,5 acres are wetland,
fi r a summary appraisal
Sta rds of Professional
. scussions of the data,
porting documentation
The depth of discussion
the intended use of the
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March 23, 2010
Page 189 of 237
Based on the analyses and conclusions in the accompanying report, and subject to the
definitions, assumptions, and limiting conditions expressed herein, it is our opinion that the
retrospective market values of the Fee Simple estate of the various properties was:
Lely Canal As Of November 9, 1986
14.3 Acres of Upland
18.6 Acres
3.1 Acres of Upland
15.5 Acres of Wetland
$286,000
$62,000
$20,150
$50,400
S70,000
S20,000
S556,000
S387,200
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Agenda Item No. 1682
March 23, 2010
Page 190 of 237
The preceding value conclusion is subject to the following Extraordinary Assumptions and
Hypothetical Conditions:
1. We were not furnished a land survey for the areas subject to this appraisal, but were
provided land area estimates by the client It is assumed that the land area estimates
are accurate. Integra Realty Resoun::es - Southwest Florida reserves the right to
change our value conclusion, ifwaxranted, upon receipt of any information that could
affect the value conclusion.
2. Values are based on two separate effective dates of appraisal: November 9, 1986, and
October 23, 2002. The conclusion of value is based on an analysis as if the subject
parcels are zoned agricultural, regardless of the current CDC PUDIDRl zoning
designation. These instructions are per the "Companion Agreement" between Collier
Development Corp. and the Board of Conunissione~ of Collier County, a copy of
which is contained in the addend
\.J'E$ Co (l/.. ;
If you have any questions or ,ease con :etMc
opportunity to be of servi ceo (j
-
Respectfully submitted,
INTEGRA REALIT REBo
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March 23, 2010
Page 191 of 237
Exhibit 3
July 26. 2007
Ms, Valerie Pike
Assistant Project Director
Collier Enterprises
3003 North Tamiami Trail
Naples. FL 34103
SUBJECT: Market Value Appraisal
Sabal Bay - Easement Valuation
Tamiaml Trail East / ~ f.;O~-~-'~
Naples. Collier cou~ty ;~\' J! lv '-,
Client Reference N t@l:,Y "" 1') "
Integra Southwe11 . (::~~' 152-:~02\ \
0=... Pi" I j(('J 0 ~ F-< .
Integra Realty Resources - S~i:~rl pi os a ~ endum to an appraIsal
report and referenced by our }Iklnce number 152-20 038. 1: rpose of the appraisal
addendum is to develop an 0' h" of the market val~ f J@ abaJ Bay development
project. The client for the aSSig~' COllie.r Enterprises.. dim intended use is for asset
valuation purposes. 0 ~ '\.
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The appraisal is intended to confonn with the Uniform Standards of Professional Appraisal
Practice (USPAP). the Code of Professional Ethics and Standards of Professional Appraisal
Practice of the Appraisal Institute,
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attached.
Agenda Item No, 16B2
March 23, 2010
Page 192 of 237
Ms. Valerie Pike
Page 2
Based on the analyses and conclusions in the attached report, and subject to the definitions,
assumptions, and limiting conditions expressed therein, it is our opinion that the retrospective
market values ofthe Fee Simple estate of the various properties was:
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eRecl the value of the entire
with and without the deeded
easements provides a means of quanti i,bp e easement. The bundle of rights
is severable; its four major rights are possession, control, quiet enjoyment, and disposition,
Depending on the definition of property rights to be acquired and its intended use, one or all
of the rights may be affected. In the case of a fee-simple acquisition, none (or 0%) of the
bundle of property rights are retained by the current owner (servient estate), and the
ownership of 100% of the propelty rights transfers to the new owner.
Relative to a less-than fee simple acquisition, that is, for a situation involving less-than 100%
property rights being transferred, as in the case of the "Proposed Easement(s)" it is necessary
for the appraisers to quantify the property rights. An approach to measuring the impact of an
easement is to look at the impact on the surface rights, subsurface rights, and air rights.
$286,000
$62,000
$20,150
$70,000
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Agenda Item No. 16B2
March 23, 2010
Page 193 of 237
Ms, Valerie Pike
Page 3
In general terms. appraisal experts have traditionally allocated the easement rights between
these three areas as:
Surface Rights:
Subsurface Rights:
Air Rights:
50%
25%
25%
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Agenda Item No 16B2
March 23, 2010
Page 194 of 237
Ms. Valerie Pike
Page 4
We detennined the market value of the fee simple for these parcels based on $20,000 per upland
acre and $ I ,300 per wetland acre, Therefore the value of the easement areas would be based on
$18,000 per upland acre (S20,OOO X ,90) and $1,170 per wetland acre ($1,300 X 90%). This
results in the following value conclusion for the conveyance areas (only those areas addressed in
the attached appraisal report),
Lely Canal As Of November 9,1986
J4,3 Acres ofUpJand
18,6 Acres
3.1 Acres of Upland
15.5 Acres of Wetland
S257,400
S55,800
SI8,135
$63,000
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March 23, 2010
Page 197 of 237
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Agenda Item No, 16B2
p~IC~3Bg4
Prepared byfRetum to'
Michael E. Botos, PA
Edwards Angell Palmer & Dodge LLP
One North Clematis Street, Suite 400
West Palm Beach, FL 33401
INSTR 4359721 OR 4506 PG 3172
RECORDED 11/5/20092:23 PM PAGES 5
DWIGHT E. BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $44.00
THIRD AMENDMENT TO OCTOBER 14,2003 COMPANION AGREEMENT
REGARDING THE LELY AREA SURFACE WATER DRAINAGE IMPROVEMENTS
THIS THIRD AMENDMENT is made and entered into this l., day of ~~ _,2009
by and between Collier Land Development, lnc" a Florida corporation (hereinafter referred to as
"Developer") and CDC Land Investments, lnc" a Florida corporation, formerly known as Collier
Development Corporation, a Florida corporation (hereinafter referred to as "CDC"), which, along with
their respective successors and assigns, may be jointly referred to as "CDC/Developer," and the Board of
County Commissioners of Collier County, Florida, as governing body of Collier County (hereinafter
referred to as "County"),
RECITALS:
WHEREAS, the parties entered into that certain Standard Form Collier County Contribution
Agreement for Road Impact Fee Credits dated October 22, 2002 and recorded in Official Records Book
3138, Page 2357 of the Public Records of Collier County, Florida (hereinafter the "Contribution
Agreement"); and
WHEREAS, the parties entered into that certain Companion Agreement to the October 22, 2002
Developer Contribution Agreement Regarding the Lely Area Surface Water Drainage Improvements
dated October 14, 2003 and recorded in Official Records Book 3424, Page 337 of the Public Records of
Collier County, Florida (hereinafter the "Companion Agreement"), as amended by that certain
Amendment to the October 14, 2003 Companion Agreement Regarding the Lely Area Surface Water
Drainage Improvements dated March 27, 2007 and recorded in Official Records Book 4218, Page 1451 of
the Public Records of Collier County, Florida (hereinafter the "First Amendment to Companion
Agreement"), and by that certain First Amendment to October 22, 2002 Standard Form Collier County
Contribution Agreement for Road Impact Fee Credits and Second Amendment to October 14, 2003
Companion Agreement Regarding the Lely Area Surface Water prainage Improvements dated April 22,
2008 and recorded in Official Record Book 4356, Page 174 of the Public Records of Collier County.
Florida (hereinafter the "Second Amendment to Companion Agreement"); and
WHEREAS, paragraph 13 of the Companion Agreement allow for amendment or modification
upon the mutual written consent of the parties or their successors in interest; and
WHEREAS, Developer and County have agreed to amend the Companion Agreement, as
amended, as provided herein,
WITNESSETH:
NOW, THEREFORE, IN CONSIDERATION of Ten Dollars ($10,00) and other good and
valuable consideration previously exchanged between the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
PMB 3790053
Agenda Item No, 16B2
P~~J?69114
I. All of the above RECITALS are true and correct and are hereby expressly incorporated
herein by reference as ifset forth fully below.
2, Paragraph 8C of the Companion Agreement, as amended by the Second Amendment to
the Companion Agreement, is amended in its entirety as follows:
CDC/Developer shall dedicate and convey to the County a drainage easement for
approximately 12.3 acres of land for the spreader lake and canal improvements, A
graphic rendering of this area is shown as "Lely Manor Canal (Per LASIP Design),"
attached as Exhibit 5 to the Second Amendment to Companion Agreement. The spreader
lake is approximately 9,68 acres, and the canal improvements are approximately 2,52
acres, With respect to the spreader lake, Collier County shall pay CDC/Developer the
appraised fair market value of a drainage easement over these 9,68 acres, and the
appraised valuation shall be determined as of October 23, 2002, when the County and
CDC/Developer entered into the Contribution Agreement, with the valuation based on
pre-PUD Agricultural zoning, With respect to the canal improvements, CDC/Developer
shall dedicate and convey to the County by easement a strip of land 35 feet wide of
CDC/Developer's land along the Lely Manor Canal. Of the 35 foot wide strip ofland, 15
feet is required for the canal and 20 feet is needed for the County's maintenance of the
Lely Manor Canal. Collier County shall pay CDC/Developer the appralSed fair market
value of the Manor Canal maintenance easements for that 2,52 acre strip, and the land
valuation shall be appraised as the value of Agricultural zoned land on the day before the
County's 1986 rezoning to "PUD" of the CDC DRIlPUD land,
3. Paragraph 8D of the Companion Agreement]s amended as follows:
The County shall reimburse CDC/Developer for the easements over the land dedicated to
the County for the Lely Manor Canal dedications within three (3) years of the date that
the land is dedicated by CDC/Developer. All easement dedications referenced herein
shall be convcyed to the County after receipt of all necessary permits and within thirty
(30) days of written request by the County.
4, Paragraph 12 of the Companion Agreement, as amended by the Second Amendment to
the Companion Agreement, is amended in its entirety and replaced with the following revised Paragraph
12:
12, All conveyances set forth herein shall be in fee simple to the County by warranty
deed except as may be specifically provided herein, such as but not limited to the Lely
Canal, Lely Manor Canal and A valon School Outfall Canal as described in Paragraphs 5,
7 and 8, which shall be by grant of easement. With respect to such conveyances and
easements, thc County shall be responsible for paying the costs of any title work and
searches, and CDC/Developer shall be responsible at its costs for promptly removing or
curing any licns, encumbrances or deficiencies revealed in any title work,
5. Except as modified herein, the remaining provisions in the Contribution Agreement,
Companion Agreement, First Amendment to Companion Agreement and Second Amendment to
Companion Agreement shall remain in full force and effect.
6. If there is any conflict between this Amendment and the Contribution Agreement, the
Companion Agreement, the First Amendment to Companion Agreement or the Second Amendment to
Companion Agreement, the provisions of this Third Amendment shall prevail.
PMB 3790053
Page 2 of 4
Agenda Item No, 16B2
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DONE AND ORDERED this.;L 7 day of ~L..v- , 2009
BOARD OF COUNTY COMMISSIONERS
::LLlE'lf=LO;;~
NAME: NAME Donna F~ala
CHAIRMAN
APPROVED AS TO FORM AND
L~UF"K~
NAME: ti-t cl....
,\4SSIST.\tlT COUNTY ATTORNEY
Dc.p~\y
Illlm#l!eltt
Agenda lD-:~
Data ~(
Date I 1....2..-I"'otl
Rec'd ~~I
M
DepuIy Clefk
PMB 379005.3
Page 3 of 4
WITNESSES:
u~Q
(Signature)
~ /hR'tW2 Pt ~
(Print full name)
" T-----A----
('STg;;;ture)
(' L '<'"
/pr;:::;.-h..:...Y"\ ~,')\'-K6YL
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
Agenda Item No, 16B2
M a r"f ?l, 2fliD
pagelOOfE174
COLLIER LAND DEVELOPMENT, INC.
By:lJ;12 UIh;
Print Name: fATfLAU<:- L. 0tree...
Title: \lICe PIOC~,~e""\
WITNESSES:
UoJLQ---
(Signature)
~R~
(Print full name)
,--:,'7 ~~
(S ignature)
{!.hrl:;..hcv..-- c~f ~.....Ic...~L_
(Print full name)
r"-~.A..iiRONNH_"'
!. CclImIJ llOOlIZIlI1V I
! ~ Ull1ll/2012 !
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CDC LAND INVESTMENTS, INC.
~,
By:
Print Name: (Lo:,E;lI.X D, Coc-<'~
Title: \J \ 'u; P Q-C; ':> 'r> C:~"\
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was executed before me thisdl~~ay of ~~t..-, 2009 by
~1oe.rA- "b. ~~~..,. , the\llU. ~.I.\......,l:Of CDC Land Investments, Inc,
~~r~ G,~
Nota y Public - State of FlorA ~
Name:D......- I . ~IIJ
Certificate No, l)J) 61 :l "'--la.I"~_,_
My Commission Expires: .I>/t'- I .:L.D, 9_
PMB 379005.3
r...d............_d........_~
. DEIIClRAH A. BROWN
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Agenda Itemh 2~ 2010
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LASIP - Lely Main Canal & Laly Manor Canal West OutfaH
(2/26/10)
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Feet
Legend
Lely Area
Waterway
PREPARED BY:
Collier County
Transportation Services Division
Road Maintenance Department
Stormwater Management Section
4199811 OR: 418~aBG~ J67&2
RlCORDID In OllICIAL RlCORDS of coMTii~Ol~
oe/12/2008 at 04:23PM DVIGlft I, BRlfCi~ ffiifl ~
RIC 1II 197 .00
DOC-.10 .10
coms 23.00
IIlSC 2,10
II
Prepared by and return to:
Christopher J, Thornton, Esq,
Cheffy Passidomo Wilson & Johnson, LLP
821 Fifth Avenue South. Suite 201
Naples, FL 34102
leta:
ImROllICI/BOISlSBOI DR
SfORllVAnR II.WGIIIIRT DIP!
An.: JIll! urn
DEDICATION AND CONVEYANCE
01<' DRAINAGE EASEMENT
AND RELEASE OF ORIGINAL EASEMENT
THIS DEDICATION AND CONVEYANCE OF DRAINAGE EASEMENT AND
RELEASE OF ORIGINAL EASEMENT ("Easement Agreement") is entered into as of the <p,~
day of _~~~u<;C____, 2008, by and between CDC LAND INVESTMENTS, INC. flk/a
Collier Development Corporation, a Florida corporation, whose address is 3003 Tamiami Trail
North, Naples, Florida 34103 ("Grantor"), and COLLIER COUNTY, a political subdivision of the
State of Florida, its successors and assigns, ("Grantee") whose address is 3301 Tamiami Trail East,
. Naples, Florida 34112,
WHEREAS, Grantee was granted a drainage canal easement pursuant to the Drainage
Canal Easement recorded December 17. 1963 in Official Record Book 157, Page 269 of the Public
Records or Collier County, Florida (the "Original Canal Easement"); and
WHEREAS, Grantor and Grantee entered into that certain Companion Agreement dated
October 14, 2003 and recorded in Official Record Book 3424, Page 337 of the Public Records of
Collier County, Florida, as amended by an Amendment dated March 27, 2007 and recorded in
Official Record Book 42 I 8 Page 145 I in the Public Records of Collier County, Florida and by a
Second Amendment dated April 22,2008 and recorded in Official Record Book 4356 Page 714 in
the Public Records of Collier County, Florida (collectively, the "Companion Agreement"); and
WHER~:AS, pursuant to Paragraph 5 of the Companion Agreement, as amended, Grantor
is required to dedicate and convey a drainage easement in and to the Lely Canal, as constructed in
accordance with the Modified Drainage Design; and
WHEREAS, Grantor wishes to comply with the provtslOns of Paragraph 5 of the
Companion Agreement, as amended, by granting and conveying the easement described herein; and
WHEREAS, in consideration of the easement to be granted by Grantor to Grantee
pursuant to this Easement Agreement. Grantee wishes to release and convey to Grantor all of
Grantee's interest in the Original Canal easement.
THIS CONVEYANCE ACCEPTED BY: THE
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
OF RESOLUTION NO. 2004-209
OR: 4 j H )g.l:ij; It~ ~ 16B2
March 23, 2010
Page 205 of 237
NOW, THEREFORE, for and in consideration of $10.00, as well as other good and
valuable considerations, the receipt and sufficiency of which is acknowledged by Grantor and
Grantee, the parties hereto agree as follows:
A, Grantee hereby quit claims and releases to Grantor all of Grantee's rights, title and
interest in and to the Original Canal Easement and the lands encumbered by the original Canal
Easement described in the attached Exhibit 1 A.
B. Grantor hereby grants and conveys to Grantee a perpetual, non exclusive easement,
license, and privilege, to place and/or excavate materials for the purpose of constructing, operating,
and maintaining drainage structures and facilities, including but not limited to canals, ditches,
swales, earthen berms, rip-rap and retaining wall systems, underground pipes, and various types of
water control structures (the "Replacement Canal Easement") within the following identified
easement area, consisting ofJands located and being in Collier County, Florida:
[see Exhibit 1 B attached hereto and made a part hereof (the "Replacement Canal Area")],
subject to restrictions and reservations of record,
RESERVING UNTO GRANTOR, and Grantor's successors and assigns, the right to full
use and enjoyment of the Replacement Canal Area for all uses and purposes not inconsistent with
the right conveyed to Grantee pursuant to this Easement Agreement, including, but not limited to,
Grantor's right to secure the Replacement Canal Area from access by the general public by any
lawful means as Grantor may deem necessary or desirable, including, but not limited to, the
construction of security fencing and gates, and to construct and maintain bridges providing access
through the Replacement Canal Area.
IT IS FURTHER AGREED by the parties hereto that:
I. Terms not expressly defined herein shall have the meaning ascribed to them in the
Companion Agreement.
2. Nothing contained herein shall be construed as creating an easement or any other
right in favor of the general public in or to the Replacement Canal Easement or the Replacement
Canal Area or for any recreational use of the Replacement Canal Easement or the Replacement
Canal Area,
3. From and after the date of this Easement Agreement, Grantor, or Grantor's
successors or assigns, shall have full responsibility for the maintenance of that portion of the Lely
Canal located within the Replacement Canal Easement in accordance with all applicable permits,
approvals, laws, codes and regulations,
4. In the event Grantor shall fail to maintain the Replacement Canal Easement in
compliance with all laws, regulations, permits and approvals applicable to the use of the
Replacement Canal Easement for the purposc stated herein, Grantee, after at least thirty (30) days
prior written notice to Grantor of such deficiency and Grantor's failure to cure such deficiency
2
OR: 4mn'Pti~~~1~~~
Page 206 of 237
within thirty (30) days following reccipt of Grantee's notice, shall have the right to enter into the
easement area to correct such deficiency, and upon completion thereof, Grantor shall reimburse
Grantee for Grantee's reasonable cost to correct the deficiency, In the event such deficiency poses
an immediate threat to the safety of any person or property, Grantee may take immediate remedial
action, without thirty (30) days prior notice to Grantor, but shall, as promptly as possible, give
notice of such deficiency to Grantor, In the event the Grantee enters the Replacement Canal
Easement for the purpose of maintenance and damages any landscaping, the Grantee's only
responsibility with respect to the landscaping shall be to restore the landscaping to the minimum
permitted requirements,
5. Nothing in this Easement Agreement shall be deemed or construed by either party or
by any third person to create the relationship of principal and agent or of limited or general partners
or of joint venturers or of any other association between the parties,
6. It is intended that each of the easements, covenants, conditions, restrictions, rights
and obligations set forth herein shall inure to the benefit of the respective parties and their
successors, assigns, heirs and personal representatives. This Easement Agreement may be recorded
by either party in the public records of Collier County, Florida.
7. The laws of the State of Florida shall govern the interpretation, validity,
performance and enforcement of this Easement Agreement.
8. By executing this Easement Agreement, Grantee acknowledges Grantor's complete
and full satisfaction of Grantor's requirements pursuant to Paragraph 5 of the Companion
Agreement. as amended.
[remainder of page intentionally left blank]
[signatures and acknowledgments on the following page]
3
OR: U8'1~~7ro~6
Page 207 of 237
IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name
by its duly authorized corporate officer.
lJoL' (] ~
Witness . I .
Print Name: \J1lr~ ~\ \iAt
W':ts l1l1j!J1 ikilt~JL~~
W~ ss 0
Pnnt Name: Elizabeth M. Dillinghlllll
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledge~ befo~ me this K day of {2t.~.(Jj ,
2008, by ~bf'rf 7J (!()t//jCL , as€-e re,"rle IL't- of CDC
Land Investments, Inc" a Florida corporation, He/She is personally known to me, or [ ] has
produced driver's license no. as identificatio~
~ /J7.1///(4;1/)1V
NO RY PUBLIC
Elizabeth M. Dillingham
Printed Name
Commission Expires: ?/Jl ?;JO/J
CDC LAND INVESTMENTS, INC., flk/a
Collier Development Corporation, a Florida
corporation
By: ~
Print Name: I?o~ t> c......,.. '"
Title: tAu rru,~,L
SEAL
...,,.... - II.....
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~~,..... 'lllI.~107
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4
OR: 43~ep(r~~~1',1~~6
Page 208 of 237
';.:'~'r~':\
A~~L~~
'~~ttest 5~ to CtlIlrMII ,
.'Y\ll'l6tllre on1-
, 'Approved as to form and legal sutliciency:
;g d..~ +- (b
Pr nt Name: (-I F ,Q I ,ft~- r . r Lv
A< y. A I-r~ ~.,... County Attorney
By:
Print Name: n-. lie
Title: ehP (f'rhA.....
F:\wpdocs\L1T\GL V\Collier Enterpriscs\Sabal Bsy\Drainage Easement Lely Canal 7-31-08.doc
5
EXHIBIT 1 A
(Original Canal Easement)
OR: 4fS5n~~~a~~6
Page 209 of 237
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"~.k,!ewlodget:'. hUB GMI1b1d unto the PArly Mlba .tlJC'ond par}, lu
",U,O.,1&ors, ~l'l VtW"M:nmer.lf Dn a~sQI"I.Qnt Dnd rlO'h't-Ql-way CO'r lno
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0.' ol.>>tfitll aud drelnoge caneL \WoJ1A~ ~h.r:oU9~ the JO~ID9 delFcrn-4.
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th, lQ:Uowin9 de5~r1b'9 Oftnter JSnlll: .
OommeGcJnq aJ; tl\e 111..1;. CQI'J)liIf OI.f;..~r.,I9n J4t
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W 1l1onv"tha Ncrth line or .tlld S.M,fon 24t 138.5S
:teet !J) 4 80.0t 8pJklt lo 1homas,on Road. wh.km is
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f\afaLaun1 'frail (IT,S, 041); th"Jl~. S 18' 03' 31"1:
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RECE!VED TIME JUl,12 1O:'i2AM
OR: 4J.1i~mB1ilierJbB~ 6B2
March 23, 2010
Jul 12 2007 11:42.. P~d211 of 237
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Page 212 of 237
EXHIBIT 1 B
(Replacement Canal Area)
OR: 4385'gp{f~J'm 1~~~
Page 213 ~f 237
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE Of FLORIDA, COUNTY OF
COLlIEA:, LYING IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS
2-d AND 25, TOWNSHIP ~o !>OUTI-i, RANGE 25 EAST AND BEING FURTHER BOUNDED AND
DESCRIBED AS fOLLOWS
COMMENCING AT THE SQUTHWrST cor":NER OF SECTION 19. TOWNSHIP ~ SOUTH.
RANGE 26 EAST;
l HtNt:L N DC"3'03~W_, ALONG -I HI.:: WEST liNE OF SAID SEe nON HI, FOH ,,222.38 FEET
TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE N.7t"22'5Q"E. FOR 10933 FEET TO A POINT OF CURVATURE;
THENCE NORTHEASTERl Y 531.75 H:.El ALONG THE ARC OF A TANGENTIAL CURVE TO
HIE LEFT HAVING A RADIUS OF 80000 fEET THROUGH A CENTRAL ANGLE OF 38.05'01~
AND BEING SUBTENDED BY A CHQRDWHICH BEARSN.5'Z.lO'2Y"E. FOR S22,01 FEET;
T~ENCF: N33'1 'I'59~E, FOR 16767 FElT TO A POINT OF CURVATURE;
THENCE NORTHEl\SiERL Y 291.56 FEET AlONG THE ARC OF A TANGENTiAL CURVE TO
THE RIGHT HAVING A RADIUS OF 80000 FEET THROUGH A CEN"RAL ANGLE OF
jlO"52'58" AND BEING SUR1FND[L) ~y A CHORD WI.neH BEARS N,43~M'':W"E. FOR 209,91
rEET TO A POINT OF REVERSE CURVATURE;
THENCE NORTHEASTcRL Y 20546 I;ECT ALONG THE ARC OF A REVERSE CURVE TO THE
l En t'1AVING A RADIUS Or 419.135 FeET THROUGH A GENTRAI. ANGLE OF 28~03'1r AND
BEING SUBTENDcD BY A CHORD WHICH BEARS N'0'og'1S"e FOR 203.<13 FEET;
THENCE N.0!6"07'39"E., FOR 196.281'EEl TO A POINT OF CUI;:VATURE:
THENCE NORTHEASTERLY 60.32 FEET ALONG THE ARC OF A TANGENTIAl CURVE TO
THE RIGHT HAVING A RADIUS OF 230,97 FEn THROUGH A CENTRAl. ANGLE OF
111'57'5'~ AND BEING SuIHENDL:D IW A CHORD WHICH BEARS N.33'36'35"~ FOR: 60 15
FEET;
HIENCE N.., 1"05'30~E ,FOR 301! 98 I""FET TO ^ POINT ON TI"lE W[STERL Y RIGHT OF WAY
LINE OF TAMIAMI TRAIl. (US I-twy 111, STATE ROAD 90);
THENCE N,39"03'S2'W., ALONG SAID WESTERly LINE, FOR 2:iB.51 FErT
Tl1ENCE S 4'.OS'30'W. FOR 41.'5 75 FELl fO APOINT OF CURVATURE:
THENCE SOUTHWESTERLY 12170 FEET ALONG THE Ar~ OF A TANGE:NTIAl CURVE TO
THE LEFT HAVING A RADIUS OF 465,97 FEET 1HROUGH A CENTRAl ANGLE OF 14"51'51"
AND BEING SUIHENDED BY ACHorm WHICH BEARS S33"30'3ol"W f':OR 121.35 FEET;
THENCE S.26"07'39''W.. FOR 11)6.20 FEET TO A POINT OF CURVATURE;
rHENCE SOUTHWESTERLY 9041 FEET ALONG THE ARC OF A TANGENTiAl CURvE TO
THE RIGHT !"1AVING A f'tADIUS OF IBtl Ei5 FEn lHROUGt.t A CENTRAL ANGLE Of
20'03'17" AND BEING SUBTENDED BY A CHORD WHICH BEARS S 40'OO'16"W, For.( 8951
FEET TO A POINT OF REVERSf: CURVATURE:
fH!;NCE SOU1\-iWES rERL Y 3"0 23 FEET ALONG "HE ARC OF A. REVERSE CURVE TO
'II-I[ LEI' T HAVING A RADIUS OF l,03~ DO FEET THROUGH A CENTRAL ANGLE OF
20"52'5n~ AND BEING SUB'rENOEO BY A CHORD WHIOi BEARS S.4J~44'27'W FOR 375.14
FEn,
TjiFNCE S33.""S9"W, FOR lG7 67 FEET TO A. POINT Of CURVATURE:
THENCE SOUTHWE$l'ERL y Jlf)!)() H;;:CI' ALONG Tf-lE AHC or A TANGENTIAL CURVE 1'0
HiE RIGHT I-lAVING A ItA.OIUS Of 56500 fEET Tl-IROVGHA CENTRAL ANGLE OF
38'05'01.' AND BEING SUBTENDED BY A CHORD WHICH BEARS S,52~20'29'W, FOR 368.67
FEn;
THCNC~ S.71"Z2'59'W, rOR 139.33 FlET TO A POINT ON ACURVE:
THENCE SOUTHWESTERL Y 956 10 FEET ALONG THE ARC OF A NON- TANGE.NTIN.
CURVE TO THE LEn I-tAVING A RADIUS Of 91000 FEET THROUGH A CENTRAL ANGLE
OF 6(J"Il'W" AND BEING SUBTENDED BY A OiORD WHICH BEARS S 4,'18'o19"'W, FOR
913.25 rEET TO A J~OINT ON A cur{V(,
THENCE SOUTHWE::STERL Y 446.64 noET ALONG THE ARC OF A NON.TANGENTIAL
CURVE TO THE RIGHT HAVtNG A RADIUS OF 91822 FEET THROUOI-t A CENTHAI. ANGl.E
Page J of 14
I~ ,~(,(Iql'\OOJ(, l'IO.Ol .\:lh~11l4~ l.~h ,\l~,,, Ci".HI\IO.1 ["~H""",l'<"".t "'\III'IIC~I".< 1'''11.'' '~.."l <1'1.'<<"-' '.'.n1b'.I'~ml~t ^ ,i,,,,
OF 27-54:"12" AND BEING SUBTENOED BY A CHORD WHICH BEAf~S S.JO-36'10'W FOR
<41\2.25 FEET TO A POINT ON A CU'~VE.
T1IENCE SOUTHWESTERLY 592G4 FEET ALONG THE ARC OF A NON. TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF '.26853 r-EEl' THROUGH A CENTRAL. ANGLE
OF 26-21'08" AND BUNG SUSTENDED SV A Cf"lORO WHICH REARS S.2a-"S'G6"W. FOR
507.43 FEET TO A POINT ON A CURVE;
THENCE SOUTHWESTF.RLY 395 72 FEET ALONG THE ARC OF ANON-TANGENTIAL
CV~VE TO THE RiGHT HAVING A RADIUS OF 1,052."19 FEfT 'THROUGH ^ CENTRAL
ANGLE OF 21~32'~0" AND BEING SUBTENOt:D BY ^ CHORD WHICH BEARS S.40-0S'54"W.
rOR 393.39 FEEl TO A POINT ON A CURVE:
THENCE SOUTHWESTERl Y 437 40 Ft-;Er ALONG THE Anc OF A NON. TANGENTiAl
CUFWE TO THE LEFT HAVING A RADIUS Of-' 727A9 FEET THROUGH A CENTRAL ANGLE
OF 34"26'57" AND BEING SUBTENDED BY A CHORD WHICH BEARS S2[1-31-OO-W. FOR
430.84 FEU TO A POINT ON A CURVE
THENCE SOUTHERL Y a9 60 fE[T ALONG HIE ARC OF A NON.TANGENTIAL CURVe TO
HU: RIGHT HAVING A RAOlUS OF 190,5Q FEET THHOUGH A CENTRAL ANGLE OF
t'ij"S6'lJ" AND BEING sueTENDELJ BY A CI-IQRO Wt-lICH 81::AAU S.20"4.4'4!)'W, FOR [16.18
FEET;
TfoiENCE S.3S"SR'194W . FOR 187.56 FEET TO A POINT OF CURVATURE.
THENCE SOUTHWESTERL I( 22919 FEET ALONG THE ^RC OF A TANGENTIAL CURVE TO
THE lEFT HAVING A I~A!)IUS OF 1.035.00 FEET THROuGH A CENTRAl. ANGLe: OF
12-41'16" AND BEING SUBTENDED BY A CHORD WHICH BEARS S29'31'41'W. FOR: 226.73
FEET TO A POINT O~ RF:VF.:RSE CURVATURE;
T~lCNCE SOUTHWESTEI1L Y 157.28 fEET ALONG THE AHC 01: A REVERSE CURVE TO
THf: RIGHT HAVING A RADIUS OF aoo 00 FEET THI~OUCfi A CENTRAL ANGLE OF
11'15'S?~ AND BEING SUS1ENDED BV A CHORD WHICH BEARS S.2e"54'59~W. f"Ql:t 157.03
FEET TO A POINT OF R!:VEI~SE CURVATURE:
THENCE SOUTHWG.iTERl I( -10455 FEET ALONG 1 Ht ARC Of A REVERSE CUHVE TO
THE lEFr HAVING A RADIUS OF 1.035.00 FEET THROUGH A CENTRAL ANGLE OF
22-23'42" AND BEING SUllTENDEO 01( A CHORD WHICH BEARS S.23~21'Oo'l"W FOR 401 .96
fEET TO A POINT OF REVt::RSE: CURVATURE;
THENCE SOUTHERLY 96 90 FEET ALONG THE ARC OF A REVeRSE CUHV!;; TO THE
R1GHl" I-lAVING A HADIUS OF 793 12 FEEl THROUGH A CENTRAL ANGLE OF Oi'-08'44~
AND BEING SUBTENDED BY A CHORD WHICI-I SEARS S.16'43'35'W FOR 98.92 FEEl';
THENCE S.19'17'S7"W., FOR 157.63 FEET TOA POINT OF CURVA'rURE:
TH~NCE SO\JTHW~STERlY 18170 FF.ET ALONG THE ARC OF A TANGENTIAL CURVE TO
Tl1E RIGHT HAVING A RAOIIJS or' 800.00 FEET Tt-tROUGH A CEN1HAL ANGl.E OF
13~OO'48" AND Bt;.ING SU[HfiND~O BY A CHORD WHICH BLAR$ S.2S-48'21'W. FOR 161.31
~EET TO A POINT OF HEVERSE CURVATURE.
Tt-IENCE SOUTHWESTEHL Y 06 611 fEET ALONG THE ARC OF A REVl:RSE CURVE TO HIE
LEF1 HAVING A I{ADIUS OF 800.00 FE!"::r THROUGH A CENTRAl. ANGLE OF 07"04'45~ AND
BEING SUSTf:NDED ey A CHORD WHICH BEARS S.26~"6'22'"W. FOR 98.78 Fe:ETTQ A
POINT OF REvEHSE CURVATURE,
THENCE SOUJ'HWESTE=RLY 223.75 FEET ALONG THE ARC OF A RrvL:RSE CURVE TO
THE RIGHT HAVING A RADIUS OF 800.00 FEET THROUGH A CENTRAl. ANGLE Of"
16-01'29" AND BEING SUBTENL)t:O BY A CI10RD WHICH SEARS S33~14'''4'W. FOR: 223.02
FEET TO A POINT ON A CURVE;
THENCE SOUTHWESTERLY 59.01 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE
TO Hii', u:n IIAVJNG A RADIUS or- 132J14 FF.F.T THROUGH A CENTRAL ANGLE OF
25~26'417" AND BEING SUHH:.NDEO OY A CHORD WI'lIeH BEARS S 27.02':>4'W fOR 5859
FEET TO A PQIN r ON ^ CURVE;
THENCE SOUTHWESTERL Y 14t!.96 FEET AI.ONG THE ARC Of A NON.TANGEN'rlAl
CUHVE. TO THE RIOt-I"! HAVING A RADIUS Of' 12551 FEET THROUGH A CENTRAL ANGLE
OF 66-31'49" AND I~EING SUBTENDEO By A CHORD WHICl1 BEARS S.5S'53'2S"W FOR
t 3/'81 FEET TO A POINT ON A CURVE.
Page 2 of 14
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OR: 4~d,:rh~81~6
Page 214 of 237
OR: 43~e~~~~~r~ 1~~~
~~ge ~1%Oof 237
THENCE SOUTHWESTERl Y 201 .8i FEET Al.ONG TI""E. ARC OF A NON.TANGEN1'IAL
CUi~VE TO THE LEFT HAVING A RADIUS OF 121.56 FEET THROUGH A CENTRAL ANGLE
OF g5~OO'04M AND BEING SUB TENDED BY A CHORD WHICH SEARS S.1l7-'3'33'W FOR
179.-46 r:EEl TO A POINT ON A CURVF.:
THENCE SOUTliWES1"ERL Y 161'108 FEET ALONG THE ARC OF A NON. TANGEN'rlAl
CU~VE TO THE RIGHT HAVING A RADIUS or 90A 7 FEET THROUGH A CENTRAl ANGLE
OF lOJ-54'4lY' AND Bl::ING SUBTENDED 8'1' A CHORD WHICH BEARS S.5\M01'45'W FOR
142.50 fEET TO A PDIN'r Of f~~Vl:RSE CURVATUf~L.
THENCE WES'"ERL Y 144,17 FEET ALONG THE ARC Of' A REVERSE CURVE TO rHE LEFT
HAVING A RADIUS OF 157,00 FEET THROUGH ACF.NTRAL ANGLE OF 52.3G'43~ AND
31;:1"'1G SUBTENDED 8Y A CHORD WHICH BEARS S.7S-"O'44'W. Foro{ 139,15 FEET:
THENC~ S.fjO-22'23~W, FOR 179.63 FH,T TO A POINT OF CURVATURE,
THENCE WESTERLY 626' FEET ALONG THE ARC OF' A TANGG:NTIAL CURVE TO THE
RIGHT HAVING A RADIUS OF 93,(10 FEEl rHROUGH A CENTRAL ANGLE OF 3B~:t47.0~ AND
BEING SUBT[NDED BY A CHORD WHICH BEARS S.60-39'33"W. FOR 61A3 FEET;
THENCE E.D6"56'43"W" ro~ '4.45 FEIET TO A POINT OF CUI~"lURE;
THENCE WESTERLY 33.09 FEel" ALONG HiE ARC Of A TANGENTIAl.. CURVE TO THE
RIGHT HAVING A RADIUS OF 1041 50 r~(T TI\ROUGH A CENTHAlANGLf:: OF" 16.06'36"
AND BEiNG SUOTENOED BY ACHORD WHICH BEAI~S N.fW58'59'W, FOR 32.90 FEET;
THENCE. N.n-54'41W. FOR 6321 t-'t::ET TO" ~OINT OF CURVATURE;
THENCE WESTERLY 61 05 FEET ALONG THE ARC or A TANGENTW. CURVE TO THE
L!:.FT HAVING A RADIUS OF 157.00 FEET THROUGH A CENTRAL ANGLE OF n-,6.40' AND
BEING SUBTENOED BY A CHORD WHICH BF.AI~S N84.03'01'W. FOR 60,6tl FF.ET;
THENCE S.&4"46'39"W,. FOR 876 FEET,
THENCE S.6!5-141'31riW., FOR 44,10 FEEl:
TI"IENCE S.oo.oO'OO~W, FOR 51,55 FEET
THENCE N.04-17'43''W" FOR 37 3'J FEET
rHENCE N./5~!>a'21"W.. FOR 26.24 FEET TO A POINT OF CURVATURE,
THENCE NORTHWESTERl Y 10.26 ~EET ALONG' HE ARC OF A TANGENTIAL CURVE TO
THE RIGI-rr HAVING A RADtUS 0r 25.00 FEET THROUCI~ A CENTRAL ANGLE OF 2r:!1'1S"
AND BEING suBTENOfO BY A CHORD WI,ICH 8EAI~5 N,Gllo12.<4Z'W. FOR 10 19 FEET:
THENCE N 5Zo27'O:rW., For~ 5390 FEET;
THENCE N 56~' 1'15'W" FOR 47 47 FEET TO A POINT ON A CURVE.
THENCE NORTI-lWESTERLY 12.56 FEn ALONG HIE MC OF A NON.TANGENTIAL CURVE
TO THE LEFT HAVING A RADIUS or- 50,00 FEET THROUGH A CENTRAL ANGLE OF
14"23.50" AND BEING SUSTENDED BY A CHORD WHICH BEARS N,63~31'2rV\l. FOR 12.53
FEET;
THENCF. N.70"U'22'W, FOR 50.3\ FEEl.
n..ENCE N.71.n';,O"w, FOR 525\ FEET;
THENCE N.71-34'3S"W" FOf.!; 33,10 FEET TO A POINT ON A CURVE:
THENCE WESTERLY 3.55 F[:.n ALONG THE ARC OF A NON-TANGENTIAl. CURVE TO THE
LEn HAVING A RADIUS OF 45,00 FEET THROUGH A CENTRAL ANGLE OF 04"3173- AND
BEING SUBTENDED BY A CHORD WHICH BEARS III n"SO'21"W FOR 3.55 FEET;
THENCe- N,76~06'O:rW" FOR 2,60 FEET TO A POINT OF CURVATURE,
THENCE WESlERI. Y 7,18 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT
HAVING A RAD!US OF 115,00 I~E[T THROUGH ^ CENTRAL ANGLE OF IWOtl'1"" AND BEING
SUBTENDEO BY A CHORD WHICH BEARS NBO-<40'\O''W FOR 7 17 FEET.
THFNCF N.8f,-'4.17"W . fOH 1~ 1 11'LU TO A PO!N" UF CURvATURE,
THENCE WESTERL Y 1.55 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEF"I
HAVING A RADIUS OF 46.00 FEET THROUGH A Cr:NTf~L ANGLc OF O'&50'3r ^ND BEING
SUBTF.NDED BY A CHmm WHIC!'I Il[ARS N 66"'3'36"W FOR US5 FEET.
THENCE N.07~1'2'54'W. FOR 27 52 FEET TO A POINT OF CURVA'[URE:
THENCE WEST(HLY ".19 rEET ALONG lI-lL AHC or: A TANGENl'IAL CURVE TO THE U:.rT
I-iAV1NG A f~AOIUS OF 4500 FEET HlROUGI, A CENTHAL ANGLE Of O?4'l'OOM AND 8!:.ING
SUGTENDED BY A CHORD WI-iICH BEARS N8e~36.?7'"W. FOI~ 2,19 FEET,
lHENCE S,90'OO'OO-W . fOR 2093 FEn TO A POINT OF CURVATURe
Page J 01" 14
".'JW,\'.'.\1lIIJ(dill (I~ Sol,,1 Ji"1 I ~h. ~h'I\('~""'.,IKX).( I.,,"y.w,~, I'\.,~~I '\i'I',.".I"'" r,tld'~,,~l ;"',,';.':MIl;,,r-.!l,'"' A.,!".:
OR: U8sn~~m1~~6
Page 216 of 237
THENCE \NESTEI~LY 15.38 i=EET ALONG HiE ARC OF A TANGENTIAL CURve TO THE
LEFT HAVING A RADIUS Of. 5~.OO FEET THr-tOUGH A CENTRAL ANGLE OF 16.~6'43~ AND
BEING SUSTENOt;D BY A CHORQ WHICH BEARS s.e1.3"39~W, rOR 15.32 FEET,
THENCE S 7J"03'17"W., FOR 92.\J2 FEET TO A POINT OF CURVATURE;
THENCE SOUTHWESTCRI.Y 3170 Ff;El' ALONG THE ARC OF A TANGENTIAL CURVE TO
rHE U::H j-lAV!NG A RADIUS OF 5,00 fEET THROUGH A CENTRAL ANGl.E OF 34-22'30"
AND BEING SUBTENDED BY A CHORO WHICH 8[~ARS S !)/).U2'02'W FOR 30.73 ~EET;
THENCE S.3e"40'47"W" FOR 22,l13 FEET TO A POINT OF CURvA'fUHE;
THENCE SOUTHWES'J"l::RI. '( 254(,\ FEEl ALONG THE ARC OF A TANGENTiAl CURVE TO
THE lEFT HAVING A RADIUS OF 52 00 FEET THROUGH A CENTRAL ANGLE OF 28"03'21"
AND BEING SUBTENDED BY A Cf'IORD WHICH BEARS S2"'"39'06"1J\1. FOR 25.21 I=[[T;
THENCE S.10"37'26"W.. FOR 365i' FeET TO A POINT ON ACVRVE;
THENCG: SOUTHERLY 344\:1 ~'EE"r ALONG THE ARC OF A NON.TANCENTlAL CURVE TO
THE lEFT HAVING A RAOlUS OF 61 961'EEl H1ROUGH A CENTHAL ANOI.E OF 31~53'3T'
AND BEING SUSTENDED BY A CHORD WHICH BEARS S,l}o1"2S'J9'W FOR :i"',05 FEET:
THENCE S.2"'~23'O.lj"E., FOR 22,11 FEET TO ^ POINT OF CURVATURE;
THENCE SOUTHEASTERtV 21'1'> FI:[1' ALONG THE ARC OF A TANGENTIAL CURVE TO
1 HE LEFT tiAVING A RADIUS or 59.00 FEET THROUGH A CF.NTRA.1.. ANGLE OF 20"36'32"
AND BEING SUBTENOED \3Y A CHORD WI~ICH BEAFIS S,34"41'20"E FOR 21.1 1 FEET TO A
POINT ON A CURVE;
T1-lENCE SOUTHEASTERLY '1:3 43 FEeT ALONG THE ARC OF A NON-rANGENTIAL CURVE
TO THE LEFT HAVING A RADIUS OF 95,87 Fr::f~T THRQUGHA CENTRAl ANGLE OF
27"09'06" AND BEING SUBTENOED BY A CI-lORD WHICH BEARS S.60"33'12"E, FOH 45 01
FEET:
THENCE S.66"3Z'ol1"E.. FOR 40,:H FEET:
THENce S48"12'42"E ,FOR 16.5<1 r:EE:.T.
THENCE S 33"42'53"E.. FOR 11.91 FEET TO A POINT ON A CURVE;
THENCE SOUTHEASTERL Y 42.53 FEET ALONG THE ARC OF A NON-TANG~NTlAl CURVE
TO Tt~E RIGHT HAVING A RADIUS OF 95.61 fEET TI.IROUGH A CENTRAL ANGLE OF
Z5~10'11" AND BI::ING SU8n~NDED BY A CHORD WHICli BEARS S,26"12'02"E. FOR 42.10
FEET:
'THENCE S.20"33'39",^,., FOR 16.'irt FEET.
THENCE S,040"25'37"W, FOR 18.1\2 n::ET TO A POINT OF CURVATURE;
THENCE SOUTI-lF.rotL Y 83.32 fo'EET ALONG THE ARC OF A TANGENTIAL CURVE TO THe
lFFT HAVING A RADIUS OF 49.00 FEET THROUGH ^ CENTRAL ANGLE OF 97"25'29" AND
BEING SUBTENDEO BY A CHORD WHICl1 BEARS S.OO.17'08"E. FOR 73 6'" FEET,
THENCE S.55Y()g'52"E. FOR 3204 FEET,
rHENCE S.6Q"13'OO~F ,F'OH 32113 FEET.
THENce S 11 "38'30"F.:. , For~ 14 iSB FEll,
THENCt-; S ~:.!"21'32"[, FOR 18.61 FEET:
THENCE Sfl3".,:n~''t' ,FOf~'-'O 11 FCET:
THENCE N.87~44'37.E ,FOR?5 24 r:EET.
THENCE N.n"!)8')4"E, FOR n.23 H::I'T
THENCE N.GZ-38'4G"E., FOI:(: 29 '12 FEET.
THENCF N ~~"27'25.E ,FOR 2031 FEET,
THENCE N.72~2'2'27'E" FOR 11 19 ['EI:::T,
THENCE N.87"O;?'43"c., fOR 1'1.39 FEE r.
T!1[NGC !J.6ll"32'1I4~E., FOR 10 ~4 FEET;
THENCE 848"' 1'OO"E., rOR 10460 FEET TO A POINT Or' CUI~VATURE;
THENCE SOUTHEA$TEHL Y 26 41 FEET ALONG THE ARC OF A 'rAN(,;EN riAL CURVE TO
THE LEfT HAVING A RADIUS OF 5900 fEET THHOUGI-l A CENTRAL ANGLE OF 2r35'1g"
AND BEING sueTENOErJ BY A CHORD WHICI-I BEARS S 61.~'40.F.:. FOR 28 14 FEET:
THENCE S.75.46'19~L, FOR 47.76 FEET TO A POINT OF curNATURE,
T1iENCE EASTERLY 23,56 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
LEFT HAVING A RADIUS OF 59.00 f-EET THROUGH A CENTRAL ANGI.E OF 22-52'55" AND
BEING SUBTENDEO BY A CHORD WHICH OEAI~S S 87"12'47"E FOR 2341 FEET,
Pilge 4 of 14
Ft'\lOO~\tI~lIlf:l(..OO.(I~ S,b.1 u.,r ' I \Olr M~,a t '~".I'IJOO,1 1;\,'~'.~I"'n I'M II'" ^"I""~'"'' 1"~1'\(..lO'.1 "~,.t.. dt..ll'llidu\)n ^ <I<<
THENCE N.B1-20'IIS~E, rOR 74.27 rEO,
THENCE S.83.32'37"E, FOR 28.55 FEET;
THENce S,;;2.07'59~E, FOR ~{) 6" I-'I::!:T
THENCE S,38'58'?4'"E, FO~ H),56 FEET
THENCE 8.11.23'34.C, FOR 30.83 FEET.
THENCE S Zt.S6'511.E., FOR ZI:\.CO FEE 1,
THENCE S.33.4S'1I7"E, FOR 2ti n FEET:
THENCE S,31~10'3f:i"r . FOR '8.82 FFET,
THENCE S,Z6.Z0'O,"E" FOR 1(,;.8(; FEET,
THENCE S.27.02'OO"E., FOR 16.82 FEET:
TtiENCE S.2S.07'59"E" FOR 37.09 fECl,
THENCE 5.20.22'117"[" FOR 11272 FEET;
THENCe: $.29.13'43"E., FOR 2U,16 FEET;
THENCE 5.02.1 J'26"E FOR 22,37 FEET:
THENCE S.02044'3,oE ,FOR , 1,9~ FEET,
TliENCE S.22054'''''"W., rOI~ 6 ~9 I;'F..ET 10 A POINT ON A CU~VL;
THENCE: SOUTHEHL Y 2~,9n FEET AlONG THE ARC OF A NON-TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 5900 FEET THROUGH A CENTRAL ANGl.E or 25.1 3'S2"
AND BEING SUBfENDEL) BY A CHORD WlilCH BEARS S.18~59'01'W, FOR 2577 FEET TO A
POINT ON A CURVE:
T~1ENCE SOUTHWESTERLY 25.27 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE
TO lHE LEFT HAVING A RADIUS OF 59 00 FEET THROUGH A CENTRAl ANGLE OF
24-32'7.2" AND BEING SUB TENDED BY ^ CHORD WHICH BEARS S 20~34'28'W, FOR 2508
FEET;
THENCE S.17'18'17"W" FOR 8.56 FEET TO A POINT OF CURVATURE,
n-lENCE SQUTHERL Y 23 90 FEE'T ALONG THE ARC OF A TANGENTIAL CURVE TO T11[
LEFT HAVING A RADIUS OF 59,00 FEET 'lllROUGH A CENTRAL ANGLE OF 23.,2'011" AND
BEING SUBTENU[O (Iv A CHORD WHICH BEARS S 05"41'57"W FOR 23.74 FEET;
THENCE S.U'09'4S''W" FOR 111.04 FF.TI,
THENCE S0301G'SS"E.. FOR 1142 FEET
IHENCt-: S 17057'31"W, FOR:?2 83 FEET,
TI1ENCE S26'44'2G~W, I:DR 211 56 FEET TO A POINT OF CURVA1UH[;
THENCE SOUTHERLY 73,113 rEGT' ALONG THE ARC OF A TN"OENTIAL CURVE TO l"HE
LEFT !-IAV1NG A RADIUS OF 1\9.00 FEET THROUOH A CEN'fRAL ANGLE OF OG"1Q'SO" AND
BEING SUBTENDED BY A CHORD WHICH BEARS S. '6~25'30"E FOH 67 04 I:EET~
THENCE S,Sg035'25"E FOR II 46 FEET
THENCF. 8,80'40'56"[: FOR 20 70 FEET TO ^ ['OINT ON A CURVE:
THENCE EASTERLY 33.32 FEET ALONG THE AJ~C OF ^ NON-TANGENTIAL CURVE TO THE
LEFT HAVING A RADIUS OF 52.00 FEET1HROUQH A CENTRAL ANGLE OF 36.42'38" AND
6EING SUIHl:NDED OY A Ct-IORl) WHICH BEARS S 86.3"'02"[;: FOR 32 75 FEET:
THENCE N.75.0Il'1I0"E ,FOR 3:.l 64 FEET TO A POINT OF CURVATURE;
THENCE EASTERL Y 8 113 r'Ef:T I\LONG THE ARC OF A TANGENTIAL CuRVE TO THE LEfT
HAVING A RADIUS OF 5200 FEET THROUGH A CENTRAL ANGLE OF OQ~17'201'' AND BEING
SUBTENDEO BY A CHORD WHICH BEARS N l0025'56"E FOR 8.42 FEET:
tHENCE N.6S.47'15"E, FOR!"14 10 [TEl TO A POINT OF CURVATURE:
lHENCt: NORTl1[ASTERl Y 38 091-"EET ALONG T11E ARC; OF ^ TANGENTIAl. CURV!? TO
THE LEFT HAVING A RADIUS OF 5(>,00 n.El THROUGH A CENTRAL ANGLE OF 111057'58"
AND BEING SuBTENDED BY A CHORD WHICH BEARS N,4,,0018'16"E FOR 37,2<4 FEET;
THENCE N 2Y49T,"E" FOR 10~6~i FEEl TO A POINT OF CURVATURE:
THENCE NORTI IERL Y 1-' 91 FeE r AL.ONG THE ARC OF A TANGENTIAL CURVE TO THE
U:fT HAVING A RADIUS Of 52,00 FEET THROUGH A CENTH^L ANGLE OF 19"43'5r AND
BEING SUBH:."NOED BY A CHOHD WHICH BEARS N130S7"1S"E, FOR 17.82 FEET;
THENCE N.01l005'20"E, FOR 87 78 FEET TO A POINT OF CURVATURE;
THENCE NORTHERLY \1.47 FEET ALONG THE ARC OF A lANGENTIAL CURVE'-O THE
LEFT HAVING A HA[)IUS OF 52,00 FEET THROUGH A CENTRAL ANOI. E OF 10~26'03" AND
BEING SUOT[NDED I3Y A CI-IQHD WHICH BEARS N01'Ol''''''W FOR 9.46 FEET;
Pngc 5 of'I4
IP11f{l~.f1jo:nldl\' III !-Il)>,ll u"~. . ldl' Ma,n (a",I'~IO\l.l t",", ,1".> I'~",~, "a)lh(~h"" ,.,<\,,( "n~l 3<;Ol'," "iIl11~',I.,h,I.' ^.lloc
OR' a~8ga Item No 16B~
, P~1~~7
nlENCE N OOf20'43"W., FOR 81.45 FEET iO A POINT OF CURVATURE;
Tf-tENCE NORTHERLY 26,55 FEn ALONG THE ARC OF A TANGENTIAL CURVE TO THE
RIGHT HAVING A l~N,)!US or 93,00 FEET THROUGH ^ CENTRAL ANGLE or 1 e:.Z' '33" AND
BEING SUBl ENDED 8Y A CHORD WHICH BEARS N,01'50'Q4"E. rOR 26.46 FEET;
THENCE N W"OO'S1"E ,FOR 92.38 FEn TO A POINT OF CURVATuRE,
THF.NCt:; NURTliEASTERL Y 43.32 FEET ALONG THE ARC OF A TANGlNTI& CURVE TO
THE R!GHT j'IAVING A RADIUS O~ 9:S,QO FEET THROlJGH A CENTRAL ANGLE OF 26'A1'W
AND BEING SUIHCNDED BY A CHORt) WHICH t:ll.:.ARS N.n'Z1'ZS"E. FOR 42.92 FEET;
THt:;NCE N.3u"41'59ME., FOR 139 49 FEET TO A rOINT OF cul~VATURE'
THENCE EASTERL Y 120.06 FH,'T AL.ONG THE ARC OF A TANGENTiAl 'ClJBVF. TO THE
RIGHT HAVING A HAOIUS ()~ 93.00 FEET THROUGH A CENTRAL ANGLE OF 73'57'53- AND
BEING SUBTENoeo BY A CHORD WHICH HEARS N73'40'S5"E. FOR 111,89 FEET TO A
POINT OF REVERSE CURVATUFI:E.;
H1ENCE NORTHEASTERLY 315,ee f:'eH AL.ONG THE ARC Of-' A REVERSE CURve TO THE
LEFT HAVING A HADIUS OF H.t2_'fO IEn TI1ROUGI1 A CENTRAL ANGLE OF 1 '8f31"l1~
AND BEING SUBTENDED BY A CHOBD WI-lIc..:11 BEARS N51f24'11Mf,: fOFI: 262 49 FEET TO
A POINT ON A CUR~;
THENCl-. NORTHEASTERL Y 376,52 FEET ALONG THe' ARC OF A NON,TANGENTlAL
CURVE rOTHE '~IGHT HAVINC A RADIU[; or: 219.0:> FEET THROUGH A CENTRAL ANGLE
OF g8.29'OO~ AND BEING SUBTENOED BY A CHOfm WHICH BEARS N.43'56'438E. FOR
331.85 FEET TO A POINT ON A CURVE;
rHENCE NORTHEASTERlY 273,75 Ff::ET Al.ONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE Len HAVING A RADIUS or 16760 FEET HIROOGt1 A CENTRAl ANGI.E
Of. 93'35'03" AND S~ING SUBTENDED lJY A CHORO WHICH BEARS N,3r26',28E FOR
;;44,:32 FEET TO A POINl ON A CURVE
THENCE NORTHEASTERLY 17.28 FEET At,DNG THE ARC OF A NON-TANGENTIAL CURVE
TO THE RtGH'" HAVING A RADIUS OF 140 B~ FEET THROUGH A CENfAAI. ANGLE OF
31"24'14" AND BEING SU8TENDEO BY A CHORD WHICI-I BEARS N.2"'43'37"e FOR 16.31
FEEl 1 () A POINT ON A CURVE;
THENCE NQRTt--IEASTERL Y 170.94 rEn ALONG THE Af~C OF A NON.TANGENTlAl
CURVE TO THE LEFT HAVING A RADIUS OF 1,035,00 ~EET THROUGH A C[NTI~AL ANGLE
OF 09"27'46" AND BEING SUB TENDED BY A CHORD WHICH BEMIS N,29~S"{'S2"E. FOR
17074 FEEl TO A POINT or- RFVERS[ CURVA TURE~
THENCE NORfHEASfERL Y 69B1 FEn ALONG THE ARC OF A REVERSE CURVE TO THE
RIG~n HAVING A RADIUS OF 565.00 FEE'!" THROUGH A CENTRAL ANGl.F OF 07.04'45"
AND UEING SUB TENDED BY A CHORD WHICH Br.:N~.s N2U.40'22"E FOR 69.76 FE!:T TO A
POINT OF F<EVL:.HSE CURVATURE
THENCE NOHTHEAS1T::RL Y :?35 07 FEET AtONG THE M~C OF A REVERSE CURVE TO T11E
LEFT HAVING ^ RADIUS OF' 1_03600 Ft::ET THHOUUH A CENTRAL ANGLE OF 13'00'48"
AND 8EING SUB TENDED BY A CHORD WI-lICH BEARS N2S'48'20"E rOH 2~.57 FEET;
l"HENCE N 19"17'5"l"E., FOR 15763 FEET TO A POINT OF CURVATURE:
THENCE Nor.fl HLRL Y , 20,29 FEET ALONG lH~ ARC OF A TANGENTlAL CURVE TO THE
Lt'l:r HAVING A RADIUS or- 1,0;'>1)"f2 fEET THROUGH A CENTRAL ANGLE OF 07.0B'44"
AND BEING SUBTE;NDED BY A CHORD WHICH BEARS N.1:>~43'35"E FOR 12B.21 FEET TO
A POINT OF REVERSE CURVATUI~E;
TrIENCE NORTHEAS'ff;RL Y 3,zG9 r=EET ALONG THF. ARC OF A REvERSE CURVE TO THE
RIGHT HAVING A RADIUS OF !:I00.00 FEET THHOUGH A CENTRAL ANGLE Of 22'23'42"
AND BEING SUB TENDED BY A CHOHD WHICH BEARS N.n"21'O""E rOI~ 310,71 FEET TO
A POINl or REvERSE CURVATUHE::;
THENCE NOfnHEASTERI.Y 20348 1;F.El ALONG THE ARC OF A REVERSE curWE, TO THE
LEr'II'IAVING A HADIUS OF 1,035 00 C:EET THROUGH A CENTRAL ANGLE OF 11"15'52"
AND BEING SUBTENDED BY A CHORD WHICH BEARS N.28"S4'50"E. FOR 203.16 FEET TO
A POINl OF REVERSE CU!~VATUHf .
TIIENCE NORiHEAS1EHLY 1111b FEET A.1.0NG TI;( ARC or A REVE.RSE CURVE TO THE
RIGHT HAVING A RADIUS OF BOO 00 FEEi THROUGH A CENTRAL ANGLE-: OF 12'41'16"
AND BEING SUR TENDED BV A CHORD WHICH BEARS N.20'37'41"E. FOR 17(>,79 FEET:
Page () Dr 14
M .,21I(W:lSllO'{"OO m ."~Iu'! lI~y. 1..,ly "b,,' C."..I'llIlli,1 h'~'.'''I".I',~rn'l ".'I'j".~",~\ !'''"p'l 'a...! ,U't"U ~"'n;q.'!"DoI A,d<ll.
OR: 43~rI';H~~~1~~6
pra'ge~'W~f 237
OR: 438&~Gt It.at9Q 16B2
March 23, 2010
Page 219 of 237
THENCE N 35.58'19~E" FOR 1117.50 FEET TO A POINT ON A CuRVE,
rHENCE NQRTHERL'r' 195.6" FEET ALONG THE; A.RC OF ANON. TANGENTI^L CURVE TO
l'HL LtF r HAvING A RAD!US or lI:l4 74 ITEl THROUGH A CENTRAL ANGLE OF 26~32'OO.
AND BE!NG Suttl l;Nl)EO 13'1' A CHORO WI-UCH BEARS N'?1.57'32"E. FOR '94.94 FEET TO
^ POINT ON A CURVE,
Tl1ENCE NORTHEASTERL 'r' 28'.2~ FEET A;.ONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE::: RIGHT HAVING A HAOlUS Of 492 49 FEET THROUGH A CENTRAl ANGLE
OF 3'Z.43'15" AND BEING SUBTENDEO BY A CHORD WHICH BEARS N ?8.?O'?O"E, roOR
277 45 FEET TO A POINT ON A CURVE;
THENCE NORTHI;:ASTERI.V S03.03 FEET ALONG THE ARC OF A NON.TANGENTIAl.
CURVE TO lHE LEFT HAVING A RADIUS OF 1,'287.79 FEET THROUGH A CENTRAL ANGLE
OF 72"22'50" AND BEING SUBTENDFD BV A CHO~D WHICH BEARS N,39"OB'23'"E FOR
499,s-t FEET TO A POINT ON ^ CURVE;
THENCe NORTHEASTERLY 400.56 FEET ALONG THE ARC OF A NON.T^NGENTIAL
CURVE TO lHL RIGHT HAVING A r~ADIUS OF 1,053,53 FEET n~ROUGH A Cer.HRAL
ANGLE or: ~6""O'4t:i" AND ~flNG SUBTE;N()ED BY A CHORD WHICH DEARS N 2l'3S'56~C
FOR 466.'" FEET TO A POINT ON A CURVE;
THENCE NORTHEASTERLY 510.99 FEET AlONG THE ARC OF A NON,TANGENTIAL
CURVE TO THE LEFT HAvING A RADIUS OF 1,142,013 FEET THROUGH A CENTRAl. ANGLE
Of 28"30"1" AND BEING $U[lT[NIJED ev A CHorm WHICH BEARS N.:n--OS'39"E. FOR
565,07 FEET TO A POINT ON A CURVE,
THENce NORTHEASTERl.V 731 '6 FFET AlONG THE ARC OF A NON-TANGENTIAL
CUHVE TO HIE RIGHT HAVING A RADIUS OF 615,00 I-"EET THROUGH A CENTRAL ANGLE
OF 62"03'G3" AND BEING SUBTENQED BV A CHORD WHICH BEARS N.40~2:"'59"E r:OR
695,96 FEfT;
THENCE N.71'n'59"E. FOR 30.00 FEeT TO HIE POINT OF BEGINNING OF THE: PARCEL
DESCRIBED HEREIN
CONTAINING 2,27&,73.4 SQUARE FEF.T OR 52,2"/ ACI~ES. MOI~E Ol::j, less
BEARINGS ARE BASED ON THE SOUTH LINE or: lH!: SOUTHWEST QUARTER or-
SECTION 19. TOWNSHIP 50 SOUlI-I, HANGE 26 EAST. AS HAVING AN ASSUMED BEARING
OF N,6a~2J"6-E
PHEPARf,D BY
RW^ INC
FLORIDA CERTIFICATE OF AUTHORll^1I0N NO, LB G952
\ ;:~
_S"~-'-"'2>~'::-:-~~~-,-"".,.~~~__,__-.l~~~0 'I
DENNIS A MILL H: DATE
PROFESSIONAL SUHVEYOR Nm MAPPER
FLORIDA CERl"IFICATE NO. LS ~626
I'il~(; 7 of 1<1
R '';>f)II~'(l'''''(),'(' 110,02 Sal>~II'~y . I ,.1. "",,II" {""n~'.uoII.l h,'.'.~II"''' I'c,m'l '\lll.I'l'nU"n l'r~l'" ';OMl "e,.~.l .,mlrj.,xtlll>,l A,II.1e
THIS IS NOT A SURVEY
SEE SHeET 8
IrMTCH LINE A
LINE TABLE
l..INE BEARING
L 1 ... ,~~~['J_
L2 [-1)3'1 .
L6 533'17' "w
LQ 571" 'w
Let;' N7r' '},. ..
LLNCHI
lD1U.T-
~'6--;.'if'F
15?ti7'
139.3,;)'
--1o.OQ:
.
U
OR: 43g:;eM'lte~ 16B2
, ~a~/( ~:t, 2010
Page 220 of 237
\:
.
'~WHIC SCf\lE
'""1:;0'
___ POINT OF' COMMENCE:WENT
SW CORNER Of see '9
0'1' A "<~\="n
.iO:'S~VIN~ ~~e~~
DOl, 5 _Q.~_ CLIENT:
_.Q.J,K_ .
IITI.[
COLLIER LAND DEVELOPMENT, INC.
>C...t
,.. _1~(l'
IWCII_aM'
fDIIU,....flIor\dI~'"\
~\23fl~1H2:N
f1oJilnt'Jz.,...m
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-C'
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OR: 4385'g~:J'm,1~~6
Page 221 of 237
THIS IS NOT A SURVEY
CUHVE. TABLE
loENCIH- RAoius DElolA.
~lU:..~_~_ .,!l.QO...;....OO' _..2!L'}?7~!:
t{)t).4tr .'t~ .~0..l:,t1:'
--60.J2 2)09" 1"'57'5'~
121 7D...._...~.6~97. _ ~:~7.~;-
~O-.~.l. 184.65' . '17"
.:r17.23' IOJ5,_QQ_ u.._.1.(r~ .
CI;QRO URC
N '4~;'8;;7--
_~lB"
N :,'6:.~
CHOf(O
'-'289.97'
20J.~3'
60~W'
121 J5'
8-P,~1' ~_~Q:Qi:..1.r.w
375,1.4.~
If
DlX'^\NC~:~;;,"~,
..iO':SfLll.N~ ~~~PflinG
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...."7 5 06
CLlrNT'
COLLIER LAND DEVELOPMENT, INC.
CURVt
cii)"'
Cll
'c12-
C7'
C72
cn
LENGTH
'-.'46.64:-
592.6'"
395.72;
50J.OJ'
~90.5e'
570.99'
,~,
\
GR~lilC SCALE.
1'..\00'
OR: 43~em~~3m1~~~
Page 222 of 237
THIS IS NOT A SURVEY
CURVE TABLr
on TA f!!ORO
. ."~~1..l:. 4<12.25'
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..ll'.J2:..1.Q: __ __J~~.J9'
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COLLIER LAND DEVELOPMENT, INC,
CURVE
.~,
\
.,.:; 1~
GRAPHIC "SCALE
I.w'~'
Dill TAlNc'P1..m.., .
'{l~/J VISUAliuIllOO
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OR: l3~i~lI~1)~~
THIS is NOT A SURVEY
"
MATCH IJHE D
SE.E sHEET 12
~"'7 5 06
CWENT
COLLIER LAND DEVELOPMENT, INC,
CUHV!::
ClO
-'Ci~9
C20
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Page 224 of 237
THIS IS Nor A SURVEY
SEE Sl"lEET "
M"TCH LiNt D
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o
~
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o
5
,~,
\
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CRAPHICSCALE
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CLIENT
COLLIER LAND DEVELOPMENT, INC,
DlX'^ "C~:"~
CONSULTING Civil r!llgipceril\;
.&. "" , ... .... SIUVC)'intl & MapJllllg
lloo!CJ_I~'"
fllll'"'..........nlOl
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THiS IS NOT A SURVEY
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LINE AND CURVE TABLES
OR: 43tid~~h*~~~6
Page 225 of 237
~~
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COLLIER LAND DEVELOPMENT, INC.
Il>'l1CMon"''''
_~I.f_:lnO\
...._:tn8llra.1oU<l
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THIS IS NOT
l."iNf
-C;].
*** OR: 4~d~h~~~!o~~**
Page 226 of 237
LINE
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".
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'52
-LS3
L'_
---~5
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cURVf: TABLE
CORVE (INGrt-! RADIUS De:LTA CHORO
C27-- - 62.1;)1.:_ .~':1.00' .._...&l.'1']9''': e1.43'
~;: ~~.-=-_+i~~-=_~~8:;6':._..- ~6:~~'
CJO ~O,26' 25.00' ~1'18" 10.1S!'
g;;-- '!J.~- -~-~-~,~: '--.~i~fJJ;'_ I;;;:
CJJ 7,18' <15.00' "10\-" 7,17'
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_nB!t ...L~.~~.~. ."5.00' .~_~_!.19'
~.~~~__ 52:~9.'- !&..~ 1~.J2'
. CJ'l J1.20' ~2.00' ~._ 30.13'
CJ8 7.5.46' 52.00' ." 25.21'
--C3"9- -j",\::.;j.'g' 61.96'._ __..Jr.M::S7~ J~:..05'
__~.,o 21.22' 5900' 20'J6'J2" ___?.!..~1J:
C<\, 4fl.4J' 95.67' ''15,01'
C42 4~!)J" !:I6.61 , 42.19'
C4J 83.32' ..foo' 73.64'
CH 2B.41; 50,00' 18.'''';-''
C45 23.!)G' 59.00' 23.'1-" -
C45 . 2~:98' ~l9.00"'; 2~.77'
-C41- 2511:7' 5!LOO' 25-:06-:--
-C4'B'- -=-~..t~Q:,_,-S~~~---.1.3'12'4J' -.JI17'" ~'~r'w
c~ _.._~-LE;I;~' i~.:.Q~~_. 82:liL:JO~ ---EL9.L ..~J.Ii'~
.....ffill _, ~~.~~_. __5~.:9E~_ .... _J.tl'm.1L_~115' S!l~::l."t'.Ql'_'
C51 6.<\J' ~".QO' 9'17'H~ (},42' N"~' l'
. C~)2 36.09' 52.00' ~';.5-n'8" 57.211' ~4.4a'16"''-
-c~.i.. ~!.'.--- 5:7:00' _H~,J.:.~r___. 17.62' --NI~_:..Htg".._
C5~ _"..!~J~. 52.00' '0.26'OJ~_ ._~~~'._ _~~'~2~W_
C55 ~~;~5' ~~~~r__.__. \6'21'J:r 26.46' ~9J.'_~:g
C56 .0,32' gJ~~":'._ ?6'..LI:..or__. ~..!!Z.'_.. ~~..'1.1.:2.:rJ,-
O'l'^ IN"~,~~~"
j,O..tS~L,2N'i ~:c=~\~
1!04~C""",sn..
f.-:1M.,..,-~:l3O(J1
....'l2:llllJPt-SZ.h
f/'Jl,ll"3l)27'+I"
:--.~~~ t:L1f.N1':
1"..1:)0'
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-~~--
~~Ill:sl 0003 EX: SX
COLLIER LAND DEVELOPMENT, INC,
Agenda Item No. 16B2
March 23, 2010
Page 227 of 237
I
Project LAS[P - 51101
PARCEL: 102DE
Fo[io No,: 00395720008
DRAINAGE EASEMENT
THIS EASEMENT, made and entered into this C;' day of
'-~'\Il ru ,(" h ,2010, by CDC LAND INVESTMENTS, INC., a Florida
corporation, whose mailing address is 3003 Tamiami Trail N, Naples, FL 34103--2714,
(hereinafter referred to as "Grantor"), to COLLIER COUNTY, a politica[ subdivision of
the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida
34112, (hereinafter referred to as "Grantee"),
(VVherever used herein the terms "Grantor" and "Grantee" include all the 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.)
WIT N E SSE T H:
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
Perpetual, Non-Exclusive Drainage Easement to enter upon and to install and maintain
drainage structures and facilities, including but not limited to di1ches, swales, earthen
berms, rip-rap and retaining wall systems, underground pipes, and various types of
water control structures over, under and across the following described lands located in
Co[lier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS [S NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land and to place and/or excavate materials from the easement area
for the purpose of constructing, operating, and maintaining drainage facilities thereon.
This easement includes the right to remove and use any and all excavated materia!
solely for the purposes provided herein. The easement granted herein shall constitute
an easement running with the land and shall burden the lands described above.
[signature and acknowledgment on following page]
PMB 39.1765.:
Agenda Item No, 16B2
March 23, 2010
Page 228 of ~37
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the day and year first above written,
WITNESSES:
Witf~!iJ6at&) ViA
fatHcA L Uffer
Name (Print or Type)
~,::::;:\,~~c-~~ln'n'-\(
Witness (Signature) .
'SA-31A/.f!r- '5:-:", -J.:!AP,D''/I
Name (Print or Type) I
STATE OF FLORIDA
COUNTY OF COLLIER
CDC LAND INVESTMENTS, INC,
aFIOrida~
By: _
ROBERT D. CORINA, Vice President
The foregoing Drainage Easement was acknowledged before me this .c.j" day of
,..../\'\\(1 I r- h ,2010, by Robert D. Carina, Vice President of COC land Investments,
Inc., a Florida corporation. who:
v/ is personally known to me
OR
_ produced
identity,
(affix notarial seal)
as proof of
Approved as to form and
Legal suffiCiency:
~~
.vi
A sis ant r urfi:y Attorney
:~'-\if~:::--s~~-,1;_L"<_'_'-\/--
(Signature of Notary Public) "
":)''+;:;I IV.eo- E_. iJ,.',,-D ~ I
(Print Name of Notary Public) )
Serial/Commission # (if any): roD ~":J7"'-7
My Commission Expires: !rj/;)J:;/UDlr'I
This conveyance accepted by the Board of County Commissioners, Collier County, Florida,
pursuant to the provisions of Resolution No. _
Pl~B 394765.1
-2-
EXHIBIT 1+
~of-L
Agenda Item No. 16B2
March 23, 2Q1 0
Page 229 of r7
LEGAL DESCRJPTION - 35' DRAINAGE EASEMENT
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY
OF COLLIER, LYING IN SECTION 25, TOWNSHIP 50 SOUTH, RANGE 25 EAST,
BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 50
SOUTH, RANGE 26 EAST AND THE NORTHEAST CORNER OF SECTION 25,
TOWNSHIP 50 SOUTH, RANGE 26 EAST;
THENCE S.00'22'18"W., ALONG THE EAST LINE OFTHE NORTHEAST QUARTER
OF SAID SECTION 25 FOR 2,143,04 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE S,OO'22'18'W., ALONG THE SAID EAST LINE FOR 544.76
FEET TO THE EAST QUARTER CORNER OF SAID SECTION 25;
THENCE S.00'20'37"W., ALONG SAID EAST LINE OF THE SOUTHEAST QUARTER
FOR 2,566,03 FEET;
THENCE N,89'38'42'W., FOR 35,00 FEET:
THENCE N,OO'20'37"E" FOR 2,565,63 FEET;
THENCE N,OO'22'18"E., FOR 545.18 FEET;
THENCE S.89'37'27"E" FOR 35.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 108,878 SQUARE FEET OR 2,50 ACRES, MORE OR LESS.
BEARINGS ARE BASED ON THE EAST LINE OF THE NORTHEAST QUARTER OF
SECTION 25, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AS HAVING AN ASSUMED
BEARING OF S.00'22'18'W,
SUBJECT TO EASEMENTS AND RESTRICTIONS, RESERVATIONS AND RIGHTS
OF WAY (WRITTEN AND UNWRITTEN, RECOROED AND UNRECORDED),
PREPARED BY:
RWA INC,
F ORIDA CERTIFIC~TE OF AUTHORIZATION NO. LB 6952
MICHAEL A WARD
PROFESSIONAL SURVEYOR ANO MAPPER
FLORIDA CERTIFICATE NO, LS 5301
+1$__-
DATE I
REF: 2007.11-08 LEL Y MANOR CANAL 35' EASEMENT LEGAL
PARCEl. NO. I o:J Dr:
TEeM - ROW
APR 22 2009
Page 1 of2
Q\2005\050036.03.Ql Sabal Bay - Lely Canal (COC)\(JUU Lcly MilnorCan~1\2007-11_0S LELY MANOR CANAL 35'
EASEMENT LEGAL"r
'I
+1-
w-_ I '- E
s
o
t'~~APHIC SCAl.E
)""400-
SOUTl1lIN[ SECTION H
-NORTrt~25
THIS IS NOT A SURVEY
EXHIBIT
AgFmrl~ Item No, 16B2
A March 23 2Q10
Page 230 f 137
[AST-WEST 1/~ steriaN UNE
SCUTH LINE sterlON
~INESEcriON
---k'";;;-,,"o~ - - - - --
~ ;> ~ POINT OF' COMMENCEMENT
~ ! ~; ~ sEg~iBJi:r~T~l~~~T
f; : ~~~
~ i ~i!
~,I/- POINT OF BEGINNING
~ ~
" "
Jl LI)
-~
Ii:
~
15<12C~..,Slr"'1
f.",MyfI...F_a33901
Phan$: (238) 278.522~
F"'X:(2~9)V8.Sol'9
J5'
SKETCH OF DESCRIPTION
~~e~&, 0500 3 6. 0 3~01n~t~ER' 2-'~'~2
Agenda Item No, 1682
March 23, 2010
Page 231 of 237
Project: LASIP - 51101
PARCEL: 103DAME
Folio No.: 00395960004
DRAINAGE, ACCESS AND MAINTENANCE EASEMENT
THIS EASEMENT, made and entered into this ~ day of
'-Wh,,,h , 2010, by CDC LAND INVESTMENTS, INC., a Florida
corporation, whose mailing address is 3003 Tamiami Trail N, Naples, FL 34103--2714,
(hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 3301 Tamiaml Trail East, Naples, Florida
34112, (hereinafter referred to as "Grantee"),
(Wherever used herein the terms "Grantor" and "Grantee" include all the 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.)
WIT N E SSE T H:
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
Perpetual, Non-Exclusive Drainage, Access and Maintenance Easement over, under,
upon and across the following described lands located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land and to place and/or excavate materials for the purpose of
constructing, operating, and maintaining drainage structures and facilities, including but
not limited to canals, ditches, swales, earthen berms, rip-rap and retaining wall
systems. underground pipes, and various types of water control structures within the
easement area. This easement includes the right to remove and use any and all
excavated materia! from the easement area to construct and maintain a stabilized
roadbed facility capable of providing access for vehicles and eqUipment for perpetual
maintenance of drainage facilities within the easement area and adjacent thereto.
Grantee shall have the right to place fencing and gates around said land, and shall
have the right to limit access. The easement granted herein shall constitute easements
running with the land and shall burden the lands described above.
[signature and acknowledgment on following page}
PXE 39-1768.1
Agenda Item No, 16B2
March 23, 2010
Page 232 of 237
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the day and year first above written.
WITNESSES:
PJM~ ~, L!it
Witness (Signature)
Fq+f\I d, L- Uffe.//'
Name (Print orType)
<=::;::\<> ':-;:::::-~l\".""r
Witness (Signature) .
s~ t2.1N,q 6_. \JI.\1J..1Y\,./1
Name (Print or Type) J
STATE OF FLORIDA
COUNTY OF COLLIER
CDC LAND INVESTMENTS, INC,
aFlorlda~
By:
ROBIOR D, CaRINA, Vice President
The foregoing Drainage Easement was acknowledged before me this 5 day of
'~nk, (' \') ,2010, by Robert 0, Corina, Vice President of CDC Land Investments,
Inc., a Florida corporation, who:
,/ is personally known to me
OR
_ produced
identity,
(affix notarial seal)
as proof of
~
~_ cC-C .1\ '
-""'1 ><; 1\ "-,-.---- -\-- -"', c~.,,\_.,-
(Signature of Notary Public)
c:-A -i;> I VA-- c:: - +-J-'1'~:<' \\ '-1
(Print Name of Notary Public)
Serial! Commission # (if any): );1> \,,;),,~(~'7
My Commission Expires: f r;,/<:)Sj;:j-(")(/"
This conveyance accepted by the Board of County Commissioners, Collier County, Florida,
pursuant to the provisions of Resolution No. _
PMB 394/68.!
-2-
Agenda Item No. 16B2
March 23, 2010
Page 233 of 237
EXHIBIT~
Paee-L. or...c=
LEGAL DESCRIPTION - DRAINAGE, ACCESS & MAINTENANCE EASEMENT
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY
OF COLLIER, LYING IN SECTIONS 25 AND 36. TOWNSHIP 50 SOUTH, RANGE 25
EAST, BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 50
SOUTH, RANGE 25 EAST AND THE NORTHEAST CORNER OF SECTION 25,
TOWNSHIP 50 SOUTH, RANGE 26 EAST;
THENCE S,OO'22'18"W, ALONG THE EAST LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 25 FOR 2,68781 FEET;
THENCE S,OO'20'37"W., ALONG THE SAID EAST LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION25 FOR 2.566.03 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUE S.00'20'37"W, ALONG THE SAID EAST LINE FOR 119.41
FEET TO NORTHEAST CORNER OF SECTION 36;
THENCE S.00'19'56'W, ALONG THE EAST LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 36 FOR 416.30 FEET, TO A POINT ON A CURVE;
THENCE WESTERL Y 105.40 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 141.36 FEET THROUGH A
CENTRAL ANGLE OF 42'43'08" AND BEING SUBTENDED BY A CHORD WHICH
BEARS N.84'40'SO"W. FOR 102.97 FEET;
THENCE N.45'03'5S"W, FOR 46.89 FEET, TO A POINT ON A CURVE;
THENCE WESTERLY 66.29 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 49.60 FEET THROUGH A CENTRAL
ANGLE OF 76'34'11" AND BEING SUBTENDED BY A CHORD WHICH BEARS
S.83'38'SO"W. FOR 61.46 FEET, TO A POINT ON A CURVE;
THENCE SOUTHWESTERL Y 181.S0 FEET ALONG THE ARC OF A NON-
TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 283.S2 FEET
THROUGH A CENTRAL ANGLE OF 36'40'43" AND BEING SUBTENDED BY A
CHORD WHICH BEARS S.S1'52'40'W. FOR 178.42 FEET, TO A POINT ON A
CURVE;
THENCE SOUTHWESTERLY 66,64 FEET ALONG THE ARC OF A NON-
TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 73.02 FEET THROUGH
A CENTRAL ANGLE OF 52'17'19" AND BEING SUBTENDED BY A CHORD WHICH
BEARS S.S1'12'02"W. FOR 64,35 FEET, TO A POINT ON A CURVE;
THENCE SOUTHWESTERLY 112.64 FEET ALONG THE ARC OF A NON-
TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 174.40 FEET
THROUGH A CENTRAL ANGLE OF 37'00'24" AND BEING SUBTENDED BY A
CHORD WHICH BEARS S.30'21 'OS'W. FOR 110.70 FEET, TO A POINT ON A
CURVE;
THENCE SOUTHERLY 4287 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 56,21 FEET THROUGH A CENTRAL
ANGLE OF 43'41'37" AND BEING SUBTENDED BY A CHORD WHICH BEARS
S.04'13'43"E. FOR 41.83 FEET;
THENCE S.43'3T31"E" FOR 30.78 FEET, TO A POINT ON A CURVE;
THENCE SOUTHERLY 126.57 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 94.8S FEET THROUGH A CENTRAL
ANGLE OF 76'27'25" AND BEING SUBTENDED BY A CHDRD WHICH BEARS
S 11'29'46"E. FOR 117.39 FEET, TO A POINT ON A CURVE;
THENCE WESTERLY 182.28 FEET ALONG THE ARC OF A NON-TANGENTIAL
Page] of5
EXHIBIT~
Page-,=- """'"iiLL-
LEGAL DESCRIPTION - DRAINAGE, ACCESS & MAINTENANCE EASEMENT
CURVE TO THE RIGHT HAVING A RADIUS OF 107,22 FEET THROUGH A
CENTRAL ANGLE OF 97024'22" AND BEING SUBTENDED BY A CHORD WHICH
BEARS S.6904T42"W. FOR 161,11 FEET;
THENCE N,70021'37"W., FOR 74,73 FEET, TO A POINT ON A CURVE;
THENCE WESTERLY 44.73 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 66.54 FEET THROUGH A CENTRAL
ANGLE OF 38'30'54" AND BEING SUBTENDED BY A CHORD WHICH BEARS
N80'58'27"W. FOR 43.89 FEET;
THENCE S,79046'05"W., FOR 201,80 FEET, TO A POINT ON A CURVE;
THENCE NORTHWESTERLY 169.Q7 FEET ALONG THE ARC OF A NON-
TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 94.03 FEET
THROUGH A CENTRAL ANGLE OF 103"01'17" AND BEING SUBTENDED BY A
CHORD WHICH BEARS N.39033'29"W. FOR 147,20 FEET;
THENCE N.18018'51"E.. FOR 39,39 FEET, TO A POINT ON A CURVE;
THENCE NORTHERLY 44.45 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 31,74 FEET THROUGH A CENTRAL
ANGLE OF 80014'12" AND BEING SUBTENDED BY A CHORD WHICH BEARS
N,17"31'30"W. FOR 40,90 FEET;
THENCE N.35"43'40'W.. FOR 56.41 FEET, TO A POINT ON A CURVE;
THENCE NORTHERLY 128.84 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 108,66 FEET THROUGH A
CENTRAL ANGLE OF 67"56'10" AND BEING SUBTENDED BY A CHORD WHICH
BEARS N.04"30'39"E. FOR 121.42 FEET;
THENCE N.52'36'58"E.. FOR 49.49 FEET, TO A POINT ON A CURVE;
THENCE SOUTHEASTERLY 118.85 FEET ALONG THE ARC OF A NON-
TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 69.50 FEET
THROUGH A CENTRAL ANGLE OF 97059'02" AND BEING SUBTENDED BY A
CHORD WHICH BEARS S,67"01'22"E, FOR 1 04.89 FEET;
THENCE S18"01'51"E., FOR 71,58 FEET, TO A POINT ON A CURVE;
THENCE EASTERLY 156,73 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 66.45 FEET THROUGH A CENTRAL
ANGLE OF 135006'27" AND BEING SUBTENDED BY A CHORD WHICH BEARS
N,72035'48"E, FOR 122.85 FEET, TO A POINT ON A CURVE;
THENCE NORTHEASTERLY 229.88 FEET ALONG THE ARC OF A NON-
TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 616,24 FEET
THROUGH A CENTRAL ANGLE OF 21"22'23" AND BEING SUBTENDED BY A
CHORD WHICH BEARS N.27"34'07"E, FOR 228,55 FEET, TO A POINT ON A
CURVE;
THENCE NORTHEASTERLY 137.40 FEET ALONG THE ARC OF A NON-
TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 92,19 FEET
THROUGH A CENTRAL ANGLE OF 85023'28" AND BEING SUBTENDED BY A
CHORD WHICH BEARS N,57"49'08"E, FOR 125.03 FEET, TO A POINT ON A
CURVE;
THENCE SOUTHEASTERLY 45.96 FEET ALONG THE ARC OF A NON-
TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 92.60 FEET
THROUGH A CENTRAL ANGLE OF 28'26'26" AND BEING SUBTENDED BY A
CHORD WHICH BEARS S,65021'59"E. FOR 45.49 FEET;
THENCE S.43013'30"E" FOR 60,26 FEET, TO A POINT ON A CURVE;
THENCE EASTERLY 84.43 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 54,03 FEET THROUGH A CENTRAL
Page 2 of5
Agenda Item No. 16B2
March 23, 2010
Page 234 of ;'37
Agenda Item No 16B2
March 23, 2010
Page 235 of 237
EXHIBIT ~
Page-L of-L-
LEGAL DESCRIPTION - DRAINAGE, ACCESS & MAINTENANCE EASEMENT
ANGLE OF 69"32'02" ANO BEING SUBTENOED BY A CHORD WHICH BEARS
N.70"30'49"E, FOR 76.10 FEET, TO A POINT ON A CURVE;
THENCE NORTHEASTERLY 129,16 FEET ALONG THE ARC OF A NON-
TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 124.52 FEET
THROUGH A CENTRAL ANGLE OF 59'25'55" AND BEING SUBTENDED BY A
CHORD WHICH BEARS N,54'29'26"E. FOR 123.45 FEET, TO A POINT ON A
CURVE;
THENCE EASTERLY 39.44 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 92.63 FEET THROUGH A CENTRAL
ANGLE OF 24'23'47" AND BEING SUBTENDED BY A CHORD WHICH BEARS
S.86'53'13"E. FOR 39.14 FEET, TO A POINT ON A CURVE;
THENCE EASTERLY 67.40 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 101.40 FEET THROUGH A
CENTRAL ANGLE OF 36'05'10" AND BEING SUBTENDED BY A CHORD WHICH
BEARS N.84'26'17"E. FOR 66.17 FEET;
THENCE S.6r56'37"E, FOR 49.24 FEET, TO A POINT ON A CURVE,
THENCE NORTHEASTERL Y 65.80 FEET ALONG THE ARC OF A NON-
TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 30,07 FEET THROUGH
A CENTRAL ANGLE OF 125"22'36" AND BEING SUBTENDED BY A CHORD WHICH
BEARS N.46"3TOS"E. FOR 53.44 FEET;
THENCE N.00'OO'08"E" FOR 242.56 FEET;
THENCE N,07"24'26"E" FOR 101.04 FEET;
THENCE S.69"38'42"E" FOR 35.00 FEET TO THE POINT OF BEGINNING
CONTAINING 312,230 SQUARE FEET OR 7.17 ACRES, MORE OR LESS.
BEARINGS ARE BASED ON THE EAST LINE OF THE NORTHEAST QUARTER OF
SECTION 25, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AS HAVING AN ASSUMED
BEARING OF S.00"22'18"W
SUBJECT TO EASEMENTS AND RESTRICTIONS. RESERVATIONS AND RIGHTS
OF WAY (WRITTEN AND UNWRITTEN, RECORDED AND UNRECORDED).
PREPARED BY
RWA INC
FLOP!1DA CERTIFICATE OF AUTHORIZATION NO
If)jjJ~
'iSrcHAEL A, WARD
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. LS 5301
LB 6952
.J/1~/P9
DATE
Page 3 of 5
THIS IS NOT A SURVEY
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SOUTHWEST CORNER
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Agenda Item No, 16B2
March 23, 2$10
fA, Page 236 of 37
POINT OF BEGINNING
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TITLE DRAINAGE, ACCESS & MAINTENANCE EASEMENT
SKETCH OF DESCRIPTION
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Agenda Item No. 16B2
March 23, 2010
Page 237 of 237
THIS IS NOT A SURVEY
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SKETCH OF DESCRIF'.I!9~_
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