Backup Documents 05/24/2011 Item #10El0E�{
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
( Prins on pink paper. Attach to mu „inal documc .r. 01 i ,,mal CoiI,n)cntn shoidti be nand dciicered to the Board Office. I he
completed routine ,lip and orininal dot:unmtl� it I, to Eye I to the Ro,!rd t WIicc on I, sifter the Brgard has taken action on
the item )
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is
already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the
checklist, and forward to Ian Mitchell (line #5).
Route to Addressee(s)
(List in muting order
Office
Initials
Date
I.
appropriate.
(Initial)
Applicable)
2.
Ma 24 201 1
y
Agenda Item Number
}6E4—
3.
,
4. Steven Williams, Assistant
County Attorney
County Attorney
Number of Original
Ar
5. Ian Mitchell, Executive Manager
Board of County Commissioners
Documents Attached
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact infornation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of primary Staff
Melissa Hetmig
Phone Number
252 -2957
Contact
appropriate.
(Initial)
Applicable)
Agenda Date Item was
Ma 24 201 1
y
Agenda Item Number
}6E4—
A roved by the BCC
,
Type of Document
Access Easement and Declaration
Number of Original
Ar
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
1.. Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip
W WS Original 9.03.04
Initial the Yes column or mark "N /A” in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
'
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
1.. Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip
W WS Original 9.03.04
loEA
MEMORANDUM
Date: May 26, 2011
To: Melissa Hennig, Environmental Specialist
Facilities Management Department
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Declaration of Restrictive Covenant & Access Easement
Pepper Ranch — Cattle Pen
(FDEP Facility ID # COM_223369)
Attached find three (3) original Declaration of Restrictive Covenant
and two (2) original Access Easement referenced above, (Item #16E4)
and approved by the Board of County Commissioners on May 24, 2011.
Please return a fully executed original for both the
Declaration of Restrictive Covenant and the Access
Easement to the Minutes and Records Department where
they will be kept as part of the Boards Official Records
If you have any questions please call me at 252 -7240.
Thank you.
Thts instrument prepared by
Board or County Commissioners
3299 TwMami Trail East, Suite 303
Naples, FL 34112 -5746
inrf1■
DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARATION�OF RESTRICTIVE COVENANT (hereinafter
"Declaration ") is made this & day of , 2011, by Collier County
(hereinafter "GRANTOR ") and the Florida Depafrtment of Environmental Protection
(hereinafter "FDEP ").
RECITALS
A. GRANTOR is the fee simple owner of that certain real property situated in the
County of Collier, State of Florida, more particularly described in Exhibit "A" attached
hereto and made a part hereof (hereinafter the "Property");
B. The FDEP Facility Identification Number for the Property is COM 293369.
The facility name at the time of this Declaration is Pepper Ranch — Cattle Pen. This
Declaration addresses the discharge that was reported to the FDEP on September
18, 2008;
C. Located on the Pepper Ranch within the former cattle pen was a cattle dipping
vat that was used prior to the 1940's. The discharge of organochlorine pesticides
and arsenic metal on the Property is documented in the following reports that are
incorporated by reference.
1. Site Assessment Report/Remedial Action Plan dated November 14, 2008,
submitted by HSA Engineers and Scientists;
2. Source Removal Report dated August 20, 2009, submitted by HSA Engineers
and Scientists; and
3. Quarterly Groundwater Monitoring and Performance Reports dated July 2009
through June 2010, submitted by HSA Engineers & Scientists;
Page 1 of 9
10 'E ° t
4. No Further Action Proposal (incorporated in Groundwater Monitoring and
Performance Report dated June 2010), submitted by HSA Engineers and
Scientists.
D. The reports noted in Recital C set forth the nature and extent of the
contamination that is located on the Property. These reports confirm that
contaminated soil and groundwater as defined by Chapter 62 -780 II A Florida
Administrative Code (F.A.C.), exists on the Properly. Also, these reports document
that the groundwater contamination does not extend beyond the Property boundaries
that the extent of the contamination does not exceed '/. acre; no actual impact or
potential impact to surface water, demonstration (minimum 1 year of groundwater
monitoring) that contaminant concentrations in groundwater at the property
boundaries will not exceed the applicable Level I CTLs and the groundwater
contamination is not migrating.
E. It is the intent of the restrictions in this Declaration to reduce or eliminate the
risk of exposure of users or occupants of the Property and the environment to the
contaminants and to reduce or eliminate the threat of migration of the contaminants.
F. The FDEP has agreed to issue a Site Rehabilitation Completion Order with
Conditions (hereinafter "Order") upon recordation of this Declaration. The FDEP can
unilaterally revoke the Order if the conditions of this Declaration or of the Order are
not met. Additionally, if concentrations of arsenic increase above the levels approved
in the Order, or if a subsequent discharge occurs at the Property, the FDEP may
require site rehabilitation to reduce concentrations of contamination to the levels
allowed by the applicable FDEP rules. The Order relating to FDEP Facility No.
COM_293369, is on file with the FDEP South District Office located at 2295 Victoria
Avenue, Suite 364, Fort Myers, Florida 33902 -2549
G. GRANTOR deems it desirable and in the best interest of all present and future
owners of the Property that an Order be obtained and that the Property, be held
subject to certain restrictions and engineering control, all of which are more
particularly hereinafter set forth.
NOW, THEREFORE, to induce the FDEP to issue the Order and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged
by each of the undersigned parties, GRANTOR agrees as follows
1. The foregoing recitals are true and correct and are incorporated herein by
reference.
2. GRANTOR hereby imposes on the Property the following restriction:
a. There shall be no use of the groundwater under the Property. There
shall be no drilling for water conducted on the Property nor shall any
wells be installed on the Property other than monitoring wells pre -
approved in writing by the FDEP's Division of Waste Management
Page 2 of 9
ioE*W
(DMW), in addition to any authorizations required by the FDEP's
Division of Water Resources Management and the Florida Water
Management District. Additionally, there shall be no stormwater
swales, stormwater detention or retention facilities, or ditches on the
Property. For any dewatering activities, a plan approved by FDEP
DWM must be in place to address and ensure the appropriate handling,
treatment, and disposal of any extracted groundwater that may be
contaminated.
b. The area of soil contamination as located on that portion of the Property
as described in Exhibit B' (hereafter to be referred to as "That Portion of
the Property") shall be permanently covered and maintained with an
engineering control which is outlined and labeled on Exhibit B must be
covered with a soil cap that is a minimum of two (2) feet of clean and
uncontaminated soil that prevents human exposure. An Engineering
Control Maintenance Plan shall be maintained that includes the
frequency of inspections and monitoring and the criteria for determining
when the engineering control has failed.
C. Excavation and construction deeper than two feet below land surface is
not prohibited within the areas containing contaminated soils on That
Portion of the Property as described in Exhibit B provided any
contaminated soils that are excavated are removed and property
disposed of pursuant to Chapter 62 -780, F.A.C. and any other
applicable local, state, and federal requirements. Nothing herein shall
limit any other legal requirements regarding construction methods and
precautions that must be taken to minimize risk of exposure while
conducting work in contaminated areas. For any dewatering activities,
a plan approved by FDEP DMW must be in place to address and
ensure the appropriate handling, treatment, and disposal of any
extracted groundwater that may be contaminated. Nothing in this
Declaration shall prevent, limit or restrict any excavation or construction
at or below the surface outside the boundary of contaminated soils on
That Portion of the Property as described in Exhibit B.
3. In the remaining paragraphs, all references to "GRANTOR' and "FDEP" shall
also mean and refer to their respective successors and assigns.
4. For the purpose of monitoring the restrictions contained herein, FDEP is
hereby granted a right of entry upon and access to the Property at reasonable
times and with reasonable notice to the GRANTOR. Access to the Property is
further granted by an access easement recorded contemporaneously with this
Declaration.
5. It is the intention of GRANTOR that this Declaration shall touch and concern
the Property, run with the land and with the title to the Property, and shall
Page 3 of 9
10E "..1
apply to and be binding upon and inure to the benefit of GRANTOR and
FDEP, and to any and all parties hereafter having any right, title or interest in
the Property or any part thereof. The FDEP may enforce the terms and
conditions of this Declaration by injunctive relief and other appropriate
available legal remedies. Any forbearance on behalf of the FDEP to exercise
its right in the event of the failure of the GRANTOR to comply with the
provisions of this Declaration shall not be deemed or construed to be a waiver
of the FDEP's rights hereunder. This Declaration shall continue in perpetuity,
unless otherwise modified in writing by GRANTOR and the FDEP as provided
in paragraph 8 hereof. These restrictions may also be enforced in a court of
competent jurisdiction by any other person, firm, corporation, or governmental
agency that is substantially benefited by these restrictions.
6. If the GRANTOR does not or will not be able to comply with any or all of the
provisions of this Declaration, the GRANTOR shall notify FDEP in writing
within three (3) calendar days. Additionally, GRANTOR shall notify FDEP
thirty (30) days prior to any conveyance, sale, granting or transfer of the
Property or portion thereof, to any heirs, successors, assigns or grantees,
including, without limitation, the conveyance of any security interest in said
Property.
7. In order to ensure the perpetual nature of these restrictions, GRANTOR shall
reference these restrictions in any subsequent lease or deed of conveyance,
including the recording book and page of record of this Declaration.
Furthermore, prior to the entry into a landlord- tenant relationship with respect
to the Property, the GRANTOR agrees to notify in writing all proposed tenants
of the Property of the existence and contents of this Declaration of Restrictive
Covenant.
8. This Declaration is binding until a release of covenant is executed by the
FDEP Secretary (or designee) and GRANTOR and is recorded in the county
land records. To receive prior approval from the FDEP to remove any
requirement herein, cleanup target levels established pursuant to Florida
Statutes and FDEP rules must have been achieved. This Declaration may be
modified in writing only. Any subsequent amendment must be executed by
both GRANTOR and the FDEP and be recorded by the real property owner as
an amendment hereto.
9. If any provision of this Declaration is held to be invalid by any court of
competent jurisdiction, the invalidity of that provision shall not affect the validity
of any other provisions of the Declaration. All such other provisions shall
continue unimpaired in full force and effect.
10. GRANTOR covenants and represents that on the date of execution of this
Declaration that GRANTOR is seized of the Property in fee simple and has
good right to create, establish, and impose this restrictive covenant on the use
of the Property. GRANTOR also covenants and warrants that the Property is
Page 4 of 9
10 E ,
free and Gear of any and all liens, mortgages, or encumbrances that could
impair GRANTOR'S rights to impose the restrictive covenant described in this
Declaration or that would be superior to the restrictive covenant described in
this Declaration.
Page 6 of 9
10E.
IN WITNEq§ WHEREOF, Collier County has executed this instrument, this
day of MO(At 2011.
V P ^4nn'.
DQGtf{ E., BRt' c CLERK
viol for form and legal Suffidency:
Stave, Wft9ems
Assistant County Attorney it
BOARD OF COUNTY COMMISSK
OF COLLIER COUNTY. FLORIDA
BY:
W- 16/7-11710//
FRED W. COYLE, CHAIR
The foregoing instrument was acknowledged before me this day of , 20
by as representative for the Florida
Department of Environmental Protection.
Personally Known OR Produced identification
Type of Identification Produced
Signature of Notary Pubic
Print Name of Notary Public
Page 6 of 9
10E
Approved as to forth by the Florida Department of Environmental Protection, Office of
General Counsel.
IN WITNESS WHEREOF, the Florida Department of Environmental Protection
has executed this instrument, this day of 20 .
Signed, sealed and delivered in the presence of:
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Print Name:
Jon M. Iglehart
Director of South Honda District
Of: South Florida District
Division of Waste Management
2295 Victoria Avenue, Suite 364
Fort Myers, Florida 33902 -2549
Signed, sealed and delivered in the presence of:
Witness: _
Print Name:
Witness: _
Print Name:
STATE OF _
COUNTY OF
Date:
Date:
The foregoing instrument was acknowledged before me this day of
20 , by as representative for the
Florida Department of Environmental Protection.
Personally Known OR Produced Identification
Type of Identification Produced
Signature of Notary Public
Print Name of Notary Public
Commission No.
Commission Expires:
Page 7 of 9
EXHIBIT "A"
10 E--` r"
Page 8 of 9
EXHIBIT A -1
EXHIBIT AA
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A PARCEL OF LAND LOCATED N A PORTION OF SECTION 27, TOWNSHIP 46 SOUTH
RANGE 28 EAST. COLLIER COUNTY, FLORDA. 89Ki MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT THE EAST QUARTER CORNER OF SECTION 27. TOWNSHIP 46 SOUTH.
RANGE 28 EAST. COLLIER COUNTY, R.ORDA. THRICE RUN N- 01'10'11'W., ALONG THE
EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27, FOR A OISfANCE.OF
90.00 FEET: THENCE RUN HADWOW W., FOR A DISTANCE OF 2115 FEETTO THE
POINT OF QEGIW� OF THE PARCEL OF LAND HEREIN DESUBMH% THENCE
CONTINUE NAOM60'W., FOR A DISTANCE OF 840.0D PELT: THENCE RUN KW WW-E,
FOR A DISTANCE OF 910.00 FEET: THRICE RUN 860'00WF, FOR A DISTANCE OF
840.00 FEET: THENCE RUN 5.00 00'00'W., FOR A DISTANCE OF 040.00 FEET TO THE
POINT OF WAINNIMG; CONTAINING 12.342 ACRES, MORE OR LESS'
•••�• _ • o �:31 • .. •-
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE NORTHEAST QUARTER
OF SECTION 27, TOWNSHIP 46 SOUTH, RANGE 28 EAST. COLLIER COUNTY. R.ORIDA AS
tiF.NG i1.017b"1111�I..
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CE{loG1'FE OFALi�T10N L8 f 1772
By se •�
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EXHIBIT
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Pr*PW a
SWi n T. Willem, Esquire
OIMe of the County Money
3299 Tents Teel EM• Suits 800
WpNs, Florida 34112 -8749
CAM) 252 1W
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ACCESS EASEMENT
1nnnn "" �T'`H/IS ACCESS EASEMENT, made and sabred into this day of
2011, by COLLIER COUNTY, a poitieal arrbdivvision ot th State
F1ornA
of a, whose post office address is 3335 Tamia rd Trail East, Suits 101. Naples.
Florida 34112, hereinafter referred to as 'Grantor", to FLORIDA DEPARTMENT OF
ENVMtONMENTAL PROTECTION, DMSION OF WASTE MANAGEMEM. 2295
Victoria Avenue, Ste 384, Fort Myers, Florida 33902, hereinafter referred to as
• Grantee'
WY uwd MMe Iln M lo eY M lmnmt x4 *A* hYR
60 . army Wd sYI, )
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other vakiable
consideration paid by the Grantee, the reoeipt and wlfician y of which is hereby
acknowledged, hereby conveys, grants, bargains and ask unto the Grantee, its
successors and assigns, a perpetual, rim-exclusive easement, fox access to, on and
over the land described on Exhibit 'A" (the EasersMo, to monkor the aids" came vat
site located N Collier County, Florida, as described on Exhibit 'B" (the Benefited Land).
Subject to easement, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
TO HAVE AND TO HOLD the same unto ft Grantee, together with the right
to enter upon said land for the purpose of monitoring the exisMp cattle vat are. The
easenaM granted herein shall constihrte easements running with the land and shall
burden the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
&7A,�T,�T�ES�,T.p`
(*6 f. gROCK, Clerk
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Approved as to form and
109r sumdoncy: IjI IjI
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Steven T. Wisms fry ,.
Assistant Courtly Attomey "vp
BOARD OF COUNTY COMMIE
COLLIER COUNTY, FLORIDA
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EXHIBIT
pagd f of 2'
9S9Enmrar -Nmlw FbrW&34110•Rw 27•2542099•Fa:2312542P5
HM PROJECT /2001111
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REF. DWG. OB -S6T0
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A 30.00 FOOT WIDE STRIP OF LAND LOCATED IN A PORTION OF SECTIONS 25,27, AND 35, TOWNSHIP 46
SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA, LYING 13.OD FEET ON ERHER SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCE AT THE SOUTH OUARTER CORNER OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 26
EAST. COWER COUNTY. FLORIDA. THENCE RUN 3.00.61M0'E, ALONG THE EAST LINE OF THE
NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 46 SOUTH. RANGE = EAST. COLLIER COUNTY.
FLORIDA, FOR A DISTANCE OF 30.00 FEET: THENCE RUN SJW0i=`W., FOR A DISTANCE OF 15.00 FEET
TO THE OF THE CENTERLINE HEREIN DESCRIBED; THENCE RUN N.00'5r30'SW.,
PARALLEL TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAD SECTION 35. FOR A DISTANCE.
OF 29.06 FEET: THENCE RUN N.01 OWIW W.. PARALLEL TO THE EAST LINE OF THE SOUTHWEST
QUARTET OF SAID SECTION 26, FOR A DISTANCE OF 1235.43 FEET, TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY: THENCE RUN NORTHWESTERLY, ALONG
THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 00.00 FEET. THgOUGH A CENTRAL
ANGLE OF 90VOW. SUBTENDED BY A CHORD OF 11324 FEET AT A BEARING OF N.4012'27'W., FOR A
DISTANCE OF 120.61 FEET TO THE END OF SAID CURVE: THENCE RUN S.S•44211W, FOR A DISTANCE
OF 2414.34 FEET. TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE
NORTHEASTERLY. THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT,
HAVING A RADIUS OF 135.00 FEET, THROUGH A CENTRAL ANGLE OF 90'32'10. SIATENDED BY A
CHORD OF 191.02 FEET AT A BEARING OF N.46'5rAr 1., FOR A DISTANCE OF 213.33 FEET TO THE END
OF SAID CURVE: THENCE RUN N.OW4313'W, FOR A DISTANCE OF 112279 FEET. TO THE BEGINNING OF
A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY. THE RUN NORTHWESTERLY,
ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A MORO OF 70.00 FEET, TMOUiH A
CENTRAL ANGLE OF 9O.347V. SUBTENDED BY A CHORD OF W49 FEET AT A BEARING OF
N.46'W 2M., FOR A DISTANCE OF 110.05 FEET TO THE DD OF SAD CURVP— THENCE RAN
O.W422r W.. FOR A DISTANCE OF 197.54 FEET: THENCE RUN NA9',$M` N, FORA DISTANCE OF
130.66 FEET TO THE PONT OF TERMINATION: CONTAINING 3.651 ACRES, MORE OR LEIS,
THIS PROPERTY SUBJECT TO EASEMENTS RESE VATN" OR RESTRICTIONS OF RECORD
SIDELINES OF THE HEREIN DESCRIBED CENTERLINE ARE TO BE LENGTHENED OR SHORTENED TO
MEET THE ANGLE POINTS FORM AND TO A LINE WHICH RUNS PERPENDICULAR TO THE POINT OF
BEGINNING AND TO A LINE WHICH BEARS N.W0000'W. TO THE POINT OF TERMINATION.
HOLE MONTES, INC.
CERTIFICATE OF AUTHORIZATION LB #1772
BY7HF1D., A%_A P.S.M.A6log
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STATE OF FLORIDA
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1 OF
A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 27, TOWNSHIP 46 SOUTH.
RANGE 28 EAST. COLLIER OOUNTY, FLORIDA. OEM MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
CO#IENCE AT THE EAST QUARTER CORNER OF SECTION D. TOWNSHIP 46 SOUTH.
RANGE 26 FAST, DOWER COUNTY. FLORIDA. THENCE RUN NAI I&I VW, ALOW THE
EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27, FOR A DISTANCE OF
MW FEET. THENCE RUN NAWWWW, FOR A DISTANCE OF 2mm FEET TO THE
OF BByN1iG OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE
CONTMIE N!D'WDD'W., FOR A DISTANCE OF 640.00 FEET; THENCE RUI NAD'WWV-
FOR A DISTANCE OF G&W FEET; THENCE RUN SAPW'W'E. FOR A DISTANCE OF
64&W FEET: THENCE RUN 6.00`00DOW., FOR A DISTANCE OF 640A0 FEET TO THE
EQffiLQEffiv&AM CONTAINING 12.342 ACRES, MORE OR LESS.
THIS PROPERTY SUBJECT TO EASEMENTS RESERVATIONS OR
RECORD
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE NORTHEAST QUARTER
OF SECTION 27. TOWNSHIP 46 SOUTH, RANGE 26 EAST, COWER COUNTY. FLORIDA AS
BEING H.01M0111W.
HOLE PONTES, NC.
CERTIFICATE OF AUTHORIZATION LB 11772
BY M1. /MLA P.S.M. #6626
THOMAS M. LMPW STATE OF FLORIDA
H110011101114#11*M2HCV4Ci.0=
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ORIGINAL DOCUMENTS CHECKLIST &ROUTING SL LO
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OCOUNTY COMMISSIONERS OFFICE FOR SIGNATURE
(Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The
completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on
the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is
already complete with the exception of the Chairman's signature, draw a line through routing lines #I through #4, complete the
checklist. and forward to Sue Filson (line #5).
Route to Addressee(s)
(List in routing order
Office
Initials
Date
1.
appropriate.
(Initial)
Applicable)
2.
May 24, 2011
Agenda Item Number
1011
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4. Steven Williams
County Attorney
Number of Original
2
5. Ian Mitchell, Executive Manager
Board of County Commissioners
Documents Attached
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the 13CC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Melissa Hennig
Phone Number
252 -2957
Contact
appropriate.
(Initial)
Applicable)
Agenda Date Item was
May 24, 2011
Agenda Item Number
1011
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Declaration of Restrictive Covenant
Number of Original
2
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
I: Forms/ Canty Forms/ BCC Forms/ Original Documents Routing Slip
WWS Original 9.03.04
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
WA.
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
Nj
I
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
I
Some documents are time sensitive and require forwarding to Tallahassee within a certain
/ �J
time frame or the BCC's actions are nullified. Be aware of your deadlines!
I: Forms/ Canty Forms/ BCC Forms/ Original Documents Routing Slip
WWS Original 9.03.04
10E
MEMORANDUM
Date: June 16, 2011
To: Melissa Hennig, Environmental Specialist
Facilities Management Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: A Florida Department of Environmental Protection
Declaration of Restrictive Covenant allowing FDEP to
monitor soil & groundwater on a (former) cattle dipping
vat property within the Pepper Ranch Preserve
Attached for further processing are two (2) original copies of the document
referenced above, (Item #10E) approved by the Board of County Commissioners
on May 24, 2011.
After obtaining the required signatures and an original copy is returned by
FDEP; and after recording the Restrictive Covenant and Access Easement in
Collier County's Official Land Records, please return the recorded complete
original document to this office where it will be held for the Official Record of
the Collier County Board of County Commissioners.
If you have any questions please call me at 252 -8406.
Thank you.
Attachments (2)
This instrument prepared by:
Board of County Commissioners
3299 Tamiami Trail East, Suite 303
Naples, FL 34112 -5746
DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARATION *-OF RESTRICTIVE COVENANT (hereinafter
"Declaration ") is made this 04 day of . KAa. -� , 20 LL, by Collier County
(hereinafter "GRANTOR ") and the Florida Department of Environmental Protection
(hereinafter "FDEP ").
RECITALS
A. GRANTOR is the fee simple owner of that certain real property situated in the
County of Collier, State of Florida, more particularly described in Exhibit "A" attached
hereto and made a part hereof (hereinafter the "Property ");
B. The FDEP Facility Identification Number for the Property is COM_293369.
The facility name at the time of this Declaration is Pepper Ranch — Cattle Pen. This
Declaration addresses the discharge that was reported to the FDEP on September
18, 2008;
C. Located on the Pepper Ranch within the former cattle pen was a cattle dipping
vat that was used prior to the 1940's. The discharge of organochlorine pesticides
and arsenic metal on the Property is documented in the following reports that are
incorporated by reference:
1. Site Assessment Report/Remedial Action Plan dated November 14, 2008,
submitted by HSA Engineers and Scientists;
2. Source Removal Report dated August 20, 2009, submitted by HSA Engin(
10 E
4. No Further Action Proposal (incorporated in Groundwater Monitoring and
Performance Report dated June 2010), submitted by HSA Engineers and
Scientists.
D. The reports noted in Recital C set forth the nature and extent of the
contamination that is located on the Property. These reports confirm that
contaminated soil and groundwater as defined by Chapter 62 -780 II A Florida
Administrative Code (F.A.C.), exists on the Property. Also, these reports document
that the groundwater contamination does not extend beyond the Property boundaries
that the extent of the contamination does not exceed % acre; no actual impact or
potential impact to surface water, demonstration (minimum 1 year of groundwater
monitoring) that contaminant concentrations in groundwater at the property
boundaries will not exceed the applicable Level I CTLs and the groundwater
contamination is not migrating.
E. It is the intent of the restrictions in this Declaration to reduce or eliminate the
risk of exposure of users or occupants of the Property and the environment to the
contaminants and to reduce or eliminate the threat of migration of the contaminants.
F. The FDEP has agreed to issue a Site Rehabilitation Completion Order with
Conditions (hereinafter "Order") upon recordation of this Declaration. The FDEP can
unilaterally revoke the Order if the conditions of this Declaration or of the Order are
not met. Additionally, if concentrations of arsenic increase above the levels approved
in the Order, or if a subsequent discharge occurs at the Property, the FDEP may
require site rehabilitation to reduce concentrations of contamination to the levels
allowed by the applicable FDEP rules. The Order relating to FDEP Facility No.
COM_293369, is on file with the FDEP South District Office located at 2295 Victoria
Avenue, Suite 364, Fort Myers, Florida 33902 -2549
G. GRANTOR deems it desirable and in the best interest of all present and future
owners of the Property that an Order be obtained and that the Property, be held
subject to certain restrictions and engineering control, all of which are more
particularly hereinafter set forth.
NOW, THEREFORE, to induce the FDEP to issue the Order and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged
by each of the undersigned parties, GRANTOR agrees as follows
1. The foregoing recitals are true and correct and are incorporated herein by
reference.
2. GRANTOR hereby imposes on the Property the following restriction:
a. There shall be no use of the groundwater under the Property. There
shall be no drilling for water conducted on the Property nor shall any
wells be installed on the Property other than monitoring wells pre -
approved in writing by the FDEP's Division of Waste Management
Page 2 of 9
I 'I
10
(DMW), in addition to any authorizations required by the FDEP's
Division of Water Resources Management and the Florida Water
Management District. Additionally, there shall be no stormwater
swales, stormwater detention or retention facilities, or ditches on the
Property. For any dewatering activities, a plan approved by FDEP
DWM must be in place to address and ensure the appropriate handling,
treatment, and disposal of any extracted groundwater that may be
contaminated.
b. The area of soil contamination as located on that portion of the Property
as described in Exhibit B" (hereafter to be referred to as "That Portion of
the Property") shall be permanently covered and maintained with an
engineering control which is outlined and labeled on Exhibit B must be
covered with a soil cap that is a minimum of two (2) feet of clean and
uncontaminated soil that prevents human exposure. An Engineering
Control Maintenance Plan shall be maintained that includes the
frequency of inspections and monitoring and the criteria for determining
when the engineering control has failed.
C. Excavation and construction deeper than two feet below land surface is
not prohibited within the areas containing contaminated soils on That
Portion of the Property as described in Exhibit B provided any
contaminated soils that are excavated are removed and properly
disposed of pursuant to Chapter 62 -780, F.A.C. and any other
applicable local, state, and federal requirements. Nothing herein shall
limit any other legal requirements regarding construction methods and
precautions that must be taken to minimize risk of exposure while
conducting work in contaminated areas. For any dewatering activities,
a plan approved by FDEP DMW must be in place to address and
ensure the appropriate handling, treatment, and disposal of any
extracted groundwater that may be contaminated. Nothing in this
Declaration shall prevent, limit or restrict any excavation or construction
at or below the surface outside the boundary of contaminated soils on
That Portion of the Property as described in Exhibit B.
3. In the remaining paragraphs, all references to "GRANTOR" and "FDEP" shall
also mean and refer to their respective successors and assigns.
4. For the purpose of monitoring the restrictions contained herein, FDEP is
hereby granted a right of entry upon and access to the Property at reasonable
times and with reasonable notice to the GRANTOR. Access to the Property is
further granted by an access easement recorded contemporaneously with this
Declaration.
5. It is the intention of GRANTOR that this Declaration shall touch and concern
the Property, run with the land and with the title to the Property, and shall
Page 3 of 9
10E'� °�
apply to and be binding upon and inure to the benefit of GRANTOR and
FDEP, and to any and all parties hereafter having any right, title or interest in
the Property or any part thereof. The FDEP may enforce the terms and
conditions of this Declaration by injunctive relief and other appropriate
available legal remedies. Any forbearance on behalf of the FDEP to exercise
its right in the event of the failure of the GRANTOR to comply with the
provisions of this Declaration shall not be deemed or construed to be a waiver
of the FDEP's rights hereunder. This Declaration shall continue in perpetuity,
unless otherwise modified in writing by GRANTOR and the FDEP as provided
in paragraph 8 hereof. These restrictions may also be enforced in a court of
competent jurisdiction by any other person, firm, corporation, or governmental
agency that is substantially benefited by these restrictions.
6. If the GRANTOR does not or will not be able to comply with any or all of the
provisions of this Declaration, the GRANTOR shall notify FDEP in writing
within three (3) calendar days. Additionally, GRANTOR shall notify FDEP
thirty (30) days prior to any conveyance, sale, granting or transfer of the
Property or portion thereof, to any heirs, successors, assigns or grantees,
including, without limitation, the conveyance of any security interest in said
Property.
7. In order to ensure the perpetual nature of these restrictions, GRANTOR shall
reference these restrictions in any subsequent lease or deed of conveyance,
including the recording book and page of record of this Declaration.
Furthermore, prior to the entry into a landlord- tenant relationship with respect
to the Property, the GRANTOR agrees to notify in writing all proposed tenants
of the Property of the existence and contents of this Declaration of Restrictive
Covenant.
8. This Declaration is binding until a release of covenant is executed by the
FDEP Secretary (or designee) and GRANTOR and is recorded in the county
land records. To receive prior approval from the FDEP to remove any
requirement herein, cleanup target levels established pursuant to Florida
Statutes and FDEP rules must have been achieved. This Declaration may be
modified in writing only. Any subsequent amendment must be executed by
both GRANTOR and the FDEP and be recorded, by the real property owner as
an amendment hereto.
9. If any provision of this Declaration is held to be invalid by any court of
competent jurisdiction, the invalidity of that provision shall not affect the validity
of any other provisions of the Declaration. All such other provisions shall
continue unimpaired in full force and effect.
10. GRANTOR covenants and represents that on the date of execution of this
Declaration that GRANTOR is seized of the Property in fee simple and has
good right to create, establish, and impose this restrictive covenant on the use
of the Property. GRANTOR also covenants and warrants that the Property is
Page 4 of 9
IOE
free and clear of any and all liens, mortgages, or encumbrances that could
impair GRANTOR'S rights to impose the restrictive covenant described in this
Declaration or that would be superior to the restrictive covenant described in
this Declaration.
Page 6 of 9
10E
IN WITNESS WHEREOF, Collier County / /has executed this instrument, this
day of _M, , 20-Y
ATTEST:
DWIGHT E.1-131' OLERK
5� •
sT , c
Approval for form ,,apd .legal Sufficiency:
Steven Williams
Assistant County Attorney
STATE OF FLORIDA
COUNTY OF COLLIER
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA,
By.
FRED W. COYLE,
The foregoing instrument was acknowledged before me this L+ day of
W. COYLE as Chairman of the Collier County Board of County Commiss
Florida. / 14 j j
2011, by FRED
ier County,
(Signature of Wtkr Public -State of Florida)
161\) 1h►TGNEL -L
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known OR Produced Identification
Type of Identification roduced
. .. . . . . . . .. ... .. .... .. . .... . .... . . .. . . . .. . . . . .
IAN MITCHELL
Commit DD0810028
= Expires 7/29=2
's
u Florida Notary Am., Inc
w.....0
............ S..* ....................
10E
Approved as to folm he Florida �t of Enviro ... ntsl Proton, Office of
General Counsel. 6 "
IN WITNESS WHE OF, the Florida Department of Environmental Protection
has executed this instrument, this day of , 20_.
Signed, sealed and delivered in the presence of:
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Print Name. jort M. Iglehati
Director of South Florida District
Of. South Florida District
Division of Waste Management
2295 Victoria Avenue, Suite 364
Fort Myers, Florida 33902 -2549
Signed, sealed and delivered in the presence of:
Witness: _
Print Name:
Witness: _
Print Name:
STATE OF
COUNTY OF )
Date:
Date:
The foregoing instrument was acknowledged before me this day of
20 _, by as representative for the
Florida Department of Environmental Protection.
Personally known OR Produced Identification
Type of Identification Produced
Signature of Notary Public
Print Name of Notary Public
Commission No.
Commission Expires:
1j•'1 e-C 9
EXHIBIT "A"
10E
Page 8 of 9
EXHIBIT A —1,
• ` . EXHIBIT ''A
*Cvvl Pat• ! Of —A-40
E
H� PROJECT s X00,1„
R� owci � saaaa
1 OF ,
A PARCEL OF LAND LOCATED N A PORTION OF SECTION 27. TOWNSHIP 46 SOUTH.
RANGE 28 EAST. COLLIER COUNTY. FLORIDA, BEING MORE PARTLY DESCRIBED
AS FOLLOWS:
COMMENCE AT THE EAST QUARTER CORNER OF SECTION 27. TOWNSHIP 46 SOUTH.
RANGE 28 EAST, COLLIER COUNTY, FLORIDA. THENCE RUN N.01610111W., ALONG THE
EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27. FOR A DISTANCE OF
80.00 FEET. THENCE RUN NA OO O(rW.. FOR A DISTANCE OF 29500 FEET TO THE
POINT OF- OF THE PARCEL. OF LAND HEREIN DESCRIBED; THENCE
CONTINUE N.90000VI 'W.. FOR A DISTANCE OF 840.00 FEET; THENCE RUN NAWOG"OOrE-.
FOR A DISTANCE OF 810.00 FEET, THENCE RUN 3.90'00"00" E.. FOR A DISTANCE OF
84000 FEET. THENCE RUN &0090*WV., FOR A DISTANCE OF 640.00 FEET TO THE
POINT OF BEGINN NG: CONTAINING 12.342 ACRES. MORE OR LESS.'
THIS PROPERTY SUBJECT TO EASEMENTS RESERVATIONS OR RESTRICTIONS OF
RECORD
BEARINGS SHOWN HON REFER TO THE EAST LINE OF THE NORTHEAST (QUARTER
OF SECTION 27, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA AS
BEING[�I�oi'lon
.
! 4�• fir- r •r mo
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CE IFICA'F1: OFAIP009IZATION LB i 1772
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BY P.S.M. 85628
STATE OF FLORIDA
I20011Z00111IMPIP UCROCOLA00
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10 E "'
CONSERVATION COLLIER
ft"er Rench Plwww
Pr"wW
Steven T. Wiams, Esquire
001= of the Courtly AftW
3299 Tommig TrM East, Suits 800
Naples, FWW@ 34112 -5749
(139) 252.8400
ACCESS EASEMENT
THIS ACCESS EASEMENT, made and entered Into this L91day of
2011, by COLLIER COUNTY, a political su late
of Flonda, whose post office address is 3335 Tamiami Trai East. Suits 101, Naples,
Florida 34112, hereinafter referred to as "Grantor', to FLORIDA DEPART ENT OF
ENVIRONMENTAL PROTECTION. DIVISION OF WASTE MANAtiEENT, 2295
Victoria Avenue, Ste 364, Fort Myers, Florida 33902. hereinafter referred to as
"Grantee".
"arm &Nd INfaNI Yn WM 'fir~ and %w~ aAftda r an pneN a Sus VA&wn t and emir wap " Asks.
loyal mplNafaal VOW anONNala and a-V -)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufiasncy of which is hereby
admowledged, hereby conveys, grants, bargains and seis unto the Grantee, its
suooessom and assigns, a perpetual, non - exclusive easement, fbr access to, on and
over the land described on Exhibit W (the Easement"), to monitor the existing cattle vat
site located In Collier County, Florida, as described on Exhibit `B' (the Benefited Land ").
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 for the purpose of monhw*V the existing cattle vat site. The
easement granted herein shall constitute easements running with the land and shall
burden the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year firr at above written.
a. ff a
1
Approved as to forn and
ter: (�
.L,A--7. w�
Stever T. VViillisms
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By_
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ft-a fra U J . C0y . tilairman
CONMAKE 004I!CAocc SY THE
TIER Ct Ya FLORIDAA I mo"
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tMA PROJECT 52001111
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REF. DWG. X70
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A 30.00 FOOT WIDE STRIP OF LAND LOCATED IN A PORTION OF SECTIONS 26- 27- AND 35, TOWNSHIP 46
SOUTH. RANGE 28 EAST. COLLIER COUNTY. FLORIDA, LYING 15.00 FEET ON EITHER SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
OOZE AT THE SOUTH QUARTER CORNER OF .SECTION 20. TOWNSHIP 46 SOUTH. RANGE 28
EAST. COLLIER COUNTY. FLORIDA, THENCE RUN SAO'88' M. ALONG THE EAST LINE OF THE
NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 46 SOUTH. RANGE 28 EABT. COLLIER COUNTY,
FLORIM FOR A DISTANCE OF 80.00 FEET: THENCE RUN SAW01 "J", FOR A DISTANCE OF M00 FEET
TO THE OF THE CENTERLINE HEREIN DESCRIBED; TH1347E RUN N.00'S6'MM.
PARALLEL TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35. FOR A DISTANCE
OF 20.98 FEET. THENCE REIN N.01'09'IM. PARALLEL. TO THE EAST LINE OF THE SOUTHWEST
QUARTEtt OF SAID SECTION 26. FOR A DISTANCE OF 1238.43 FEET. TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE. CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY. ALONG
THE AMC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 80.00 FEET, THROUGH A CENTRAL
ANGLE OF 90'06'24•. SUBTENDED BY A CHORD OF 11314 FEET AT A BEARING OF NAC172TW.. FOR A
DISTANCE OF 125.61 FEET TO THE END OF SAID CURVE: THENCE RUN SM"710W.. FOR A DISTANCE
OF 2414.34 FEET. TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE
NORTHEASTERLY: THENCE RUN NORTHERLY, ALON43 THE ARC OF SAID CURVE TO THE RIGHT,
HAVING A RADIUS OF 135.00 FEET, THROUGH A CENTRAL. ANGLE OF 90'34'2. SUBTENDED BY A
CHORD OF 191.82 FEET AT A SEARING OF N:45'692M. FOR A DISTANCE OF 213.33 FEET TO THE END
OF MAIN CURVE: THENCE RUN KOW4713 W» FOR A DISTANCE OF 112279 FEET. TD THE BEGINNING OF
A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY-, THEM= RUN NORTKASgTERLY.
ALONG THE ARC OF SAD CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET. THROUGH A
CENTRAL ANGLE OF 90'34'20', SUBTENDED BY A CHORD OF 99.49 FEET AT A BEARING OF
N.46'002M., FOR A DISTANCE OF 110.85 FEET TO THE END OF SAID CURVE; THENCE RAN
S.86'42' IM. FOR A DISTANCE OF 147.84 FEET; THENCE RUN N.441'462SW.. FOR A DISTANCE OF
138.8M FEET TO THE ANT OF TERIIAIHATIOMk CONTAINING 3.851 ACRIM MORE OR LES3'S.
THIS PROPERTY SUBJECT TO EASEMENTS RESERVATIONS OR RESTRICTIONS OF RECORD
BEARINGS SHOWN HEREON REl%R TO THE EAST LINE OF THE NORTHWEST QE MMM OF SECTION 35.
TOWNSHIP 45 SOUTH, RANGE 28 EAST. COLLIER COUNTY, FLOP" AS BEING 3 00'55'3 M
SIDELINES OF THE HEREIN DESCRIBE CENTERL94E ARE TO BE LENGTHENED OR SHORTENED TO
MEET THE ANGLE POINTS FORM AND TO A LINE WHICH RUNS PE>iABCKMC A. iT TO THE POINT
BEGINNING AND TO LINE WHICH SEARS N.90 WOCrW. TO THE POINT OF TERMINATION.
HOLE MONTES. INC.
CERTIFICATE OF AUTHORIZATION LB SIM
P.S.M. all
STATE OF FLORIDA
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A PARCEL, OF LAID LOCATED N A PORTION OF SECTION 27, TOWNSW 46 SOUTH.
RANGE 26 EAST. COLLIER COUNTY, R ORIDA. BEING MORE PARTICULARLY DESCFi6ED
AS FOLLOWS:
COMMENCE AT THE EAST QUARTER CORNER OF SECTION 27, TOWNSHIP 46 SOUTH.
RANW 0 EAST. COLLIER COUNTY. FLORIDA, THENCE RUN N.M*14nl-*V, ALONG THE
EAST LINE OF THE NORTHEAST QUA TER OF SAID SECTION 2T. FOR A DISTANCE OF
6OA0 FEET. THENCE RUN NAO'00'00'1A1., FOR A DISTANCE OF 2WW FAT TO THE
PORIT OF 0 OF THE PARCEL OF LAND HEREIN DES: THENCE
CONTINUE N.IO" U W., FOR A DISTANCE OF W W FEET: THENCE RUN NADWOO'E..
FORA DISTANCE OF 64O.00 FEET. 7HE NCE RUN S.I0'00"00'E.. FOR A DISTANCE OF
840.W FEET; THENCE RUN
POW QF. ; CONTAINING 12..342 ACRES, MORE OR LESS F TO THE
THIS PROPERTY SUBJECT TO EASEMENTS RESERVATIONS OR RESTRICTIONS OF
RECORD
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE NORTHEAST OUARTER
OF SEDTION 27, T(ANNSHIP 46 SOUTH, RANGE 26 EAST. COLDER COUNTY. FLORIDA AS
BENIN NAl6lCM1w.
HOLE MONTES, NC.
CENTFICATE OF AUTHORIZATION LB ! 1772
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