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Agenda 10/27/2009 Item #16B 1Agenda Item No. 1681 October 27, 2009 Page 1 of 56 EXECUTIVE SUMMARY Recommendation to approve an Agreement for the conveyance of right -of -way and other easement parcels necessary for the construction of Oil Well Road (Fiscal Impact: $2,146). OBJECTIVE: To approve an Agreement for the conveyance of right -of -way and other easement parcels from CDC Land Investments, LLC, and Collier Land Holdings, Ltd., to Collier County which is required for the construction of Oil Well Road, Segment 4, from Oil Well Grade Road to Camp Keais Road. CONSIDERATIONS: Additional right -of -way (along with other easement parcels) is required in order to widen Oil Well Road from two lanes to as many as six lanes in some locations. The construction, contract for this roadway expansion work was let to bid on September 25, 2009, with an anticipated bid opening date of November 2, 2009. A large portion of the additional right -of -way required for construction of the project is located within the Big Cypress Stewardship District. The District's major land owners, CDC Land Investments, LLC, and Collier Land Holdings, Ltd., promised to donate the right -of -way to Collier County (and promised to accept the stormwater run -off from the roadway into the District's water management system) as a condition of the Board's consent to the creation of the District, which consent was provided in a Resolution of No Objection (Resolution No. 2003 -380). Paragraph 4 of said resolution reads as follows: "The adoption of the Resolution is also conditioned on Collier Enterprises, Inc., entering into an agreement with the County for the fee simple donation of road right -of -way, to supplement County owned right -of -way, sufficient to accommodate a six lane cross section on Immokalee Road and Oil Well Road, and acceptance of storm water retention along Immokalee Road and Oil. Well Road, within 30 days of enactment of the bill establishing the District. Road impact fees credits will not be granted by the County in exchange for donated right -of -way. The agreement shall only take effect upon the proposed legislation becoming law." Since the development within the District has not yet occurred, and there is no water management system in place to accept the stormwater run -off, the land owners have agreed to donate drainage easements to the County for the construction of stormwater detention and treatment ponds, with the understanding that the ponds may be reconfigured some day to accommodate future development of the property. In addition to the right -of -way and the drainage easements, the County requires two temporary construction easements and five temporary driveway restoration easements. The temporary construction easements are for the purpose of reconstructing the intersection of Oil Well Road with Oil Well Grade Road, and for reconstructing the intersection of Oil Well Road with a farm road located in the Northeast corner of Section 23, Township 48 South, Range 28 East. The temporary driveway restoration easements are for the purpose of restoring driveway connections along the south side of Oil Well Road on the Collier Land Holdings, Ltd., property. The Agreement also contains a provision acknowledging that Oil Well Road may someday be re- aligned to connect to an easterly and northerly extension of Randall Boulevard, as well as a potential realignment of Oil Well Road, in which case the Agreement provides for the conveyance by the Agenda Item No. 1681 October 27, 2009 Page 2 of 56 County to the abutting property owners of that portion of the Oil Well Road right -of -way no longer necessary for public purposes. FISCAL IMPACT: Since all of the real property interests are being conveyed to Collier County without compensation to the land owners, the only fiscal impact to the County is the cost of the title work (previously paid) in the amount of approximately $1,875, and the recording fees (yet to be paid) in the approximate amount of $271. Total Fiscal Impact: $2,146. LEGAL CONSIDERATIONS: The County Attorney participated in the drafting of this Agreement, which is ready for Board action. —JAK GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Approve the attached Oil Well Road Agreement; 2. Authorize its chairman to execute same on behalf of the Board; and 3. Authorize the County Manager or his designee to close the real estate transaction, to record the closing documents in the public records of Collier County, Florida, and to take the necessary measures to ensure the County's performance in accordance with the terms and conditions of the Oil Well Road Agreement. Prepared by: Kevin Hendricks, TECM Right -of -Way Acquisition Manager Attachments: Oil Well Road Agreement with Exhibits Page 1 of 2 Agenda Item No. 16B1 October 27, 2009 Page 3 of 56 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16131 Item Summary: Recommendation to approve an Agreement for the conveyance of right -of -way and other easement parcels necessary for the construction of Oil Well Road (Fiscal Impact: $2,146). Meeting Date: 10/27/2009 9:00:00 AM Approved By Nick Casalanguida MPO Director Date Transportation Services Transportation Planning 10/8/2009 2:32 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 10/812009 3:05 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 10/812009 3:36 PM Approved By Najeh Ahmad Director Date Transportation Engineering & Transportation Services Construction Management 101812009 3:43 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 10/9/2009 11:18 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date .Transportation Services Transportation Services Admin. 10/912009 3:37 PM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 10113/2009 11:16 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 10/1312009 11:59 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 10/1412009 10:00 AM Approved By file: / /C:\AgendaTest \Export\137- October 27,2009\1 6. CONSENT AGENDA \16B. TRAN... 10/21/2009 Page 2 of 2 Agenda Item No. 1681 October 27, 2009 Page 4 of 56 Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management & Budget 10116/2009 1:27 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1011612009 3:25 PM file: / /C: \AgendaTest \Export\137- October 27, 2009 \16. CONSENT AGENDA \16B. TRAN... 10/21/2009 Agenda Item No. 1681 October 27, 2009 Page 5 of 56 OIL WELL ROAD AGREEMENT THIS AGREEMENT (hereinafter referred to as the " Agreement") is made and entered into on this _ day of 1 2009, by and between CDC LAND INVESTMENTS, LLC, a Florida Limited Liability Company, whose mailing address is 3003 Tamiami Trail North, Suite 400, Naples, FL 34103 (hereinafter referred to as "CDC "), and COLLIER LAND HOLDINGS, LTD., a Florida Limited Partnership FiKJA Collier Enterprises, Ltd., a Florida Limited Partnership, whose mailing address is 3003 Tamiami Trail North, Suite 400, Naples, FL 34103 (hereinafter referred to as "Collier ") ("CDC" and "Collier" are hereinafter collectively referred to as "O xmers ") and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiatni Trail East, Naples, FL 34112 (hereinafter referred to as "County "). RECITALS: WHEREAS, on October 28, 2003, the Collier County Board of County Commissioners ( "Board ") was presented with a proposal relating to the creation of the Bib Cypress Stewardship District ("District'), an independent special district, within the Rural Lands Stewardship Area ( "RLSA ") by Special Act; and WHEREAS, Section 189.404(2)(e)4., Florida Statutes (2003), requires a resolution or official statement from the Board or the appropriate administrator that the creation of the proposed district is consistent with the approved local government plans and the County had no objection to the District's creation, and WHEREAS, paragraph 4 of the Resolution of No Objection (Resolution No. 2003 -350), provides as follows: "The adoption of the Resolution is also conditioned on Collier Enterprises, Inc., entering into an agreement with the County for the fee simple donation of road right -of -way, to supplement County owned right -of -way, sufficient to accommodate a six lane cross section on Immokaiee Road and Oil Well Road, and acceptance of storm water retention along Immokalee Road and Oil Well Road, within 30 days of enactment of the bill establishing. the District. Road impact fees credits will not be granted by the County in exchange for donated right -of -way. The agreement shall only take effect upon the proposed legislation becoming law;" and the right of way granted pursuant to this Agreement (100 feet of right of way) fully satisfies the obligation to provide right of way for Oil Well Road created by Resolution 2003 -380 and Chapter 2004 -423, Laws of Florida; and WHEREAS, Chapter 2004 -423, Laws of Florida was approved by the Governor on June 17, 2004, creating the Big Cypress Stewardship District; and WHEREAS, this Agreement addresses the required donation of Oil Well Road right -of- way. WITNESSETIt: NOW, THEREFORE, in consideration 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: 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. RIGHT -OF -WAY. Owners shall convey to County, without compensation to Owners and via statutory warranty deed (a copy of which is attached hereto as Exhibit "A," hereinafter referred to as `:A,dditional ROW ") that certain property identified as Parcels 237FEE, 239FEE and 241 FEE (100 feet of right of way). The County will be responsible for paying the costs of any title work and searches. Upon receipt of the deed, the County shall record the deed Oil Well Road Agrunntml - 4113 Novas Version rmiwd I0 -20.09 doe Page I of 6 Agenda Item No. 16B1 October 27, 2009 Page 6 of 56 in the Public Records of the County and shall assume the costs associated with the recordation. Closing shall be held no later than December I, 2009. With respect to this provision, time is of the essence. Pursuant to Resolution 2003 -380 impact fee credits will not be issued for the donation of right of way. 3. REALIGNMENT. If Oil Well Road is ever realigned, or if any portion of the existing or donated right of way is not needed for Oil Well Road, County shall convey to Owners, with no compensation to County, that property comprising the portion of the Oil V,'eli Road right -of -way that is no longer necessary. The right - of =wvay that is no longer necessary is herein referred to as the Unused ROW. The Owners expressly agree to pay all recording fees and documentary stamp taxes due and owing for the conveyance of the Unused ROW to the Owners. The conveyance of Unused ROW shall only occur if the County agrees that the land is not required for the improvements to the existing or realigned Oil Well Road located within the District. The requirement for the fee simple donation of road right -of -way, with no compensation to Owners and without the granting of any impact fee credits, to supplement County -owned right -of -way, sufficient to accommodate a six -lane cross section on Oil Well Road, and the dedication of land that will be necessary for the construction of stormwater detention and treatment ponds for that portion of Oil Well Road located within the District, shall apply to any realignment of Oil Well Road requested by the District or the Owners. 4. DRAINAGE EASEMENTS. Owners shall convey to County, without compensation to Owners, three (3) drainage easements for stormwater detention for water discharged from that portion of Oil Well Road located within the District, which drainage easements are over that certain property identified as Parcels 237DE, 239DE1, and 239DE2 the legal descriptions for which are appended to the Drainage Easements attached hereto as Exhibit `'f3'' (hereinafter referred to as the "Drainage Easements "). Closing shall be held no later than December 1, 2009. Time is of the essence with respect to this provision. The County shall obtain all permits for the construction of the drainage facilities to serve the Oil Well Road improvements. The stormwater facilities for Oil Welt Road must be constructed in accordance with the approved permits. During and following completion of construction, County shall assume maintenance responsibility for the stormwater management system for Oil Well Road as long as the stormwater from Oil Well Road is being detained in the stormwater retention Facilities located within Parcels 237DE, 239DE1 and 239DE2. County is responsible for all costs of permitting, construction, miti- ation, and maintenance for the construction of the drainage facilities. County shall maintain Parcels 237DE, 239DEI, and 239DE2 in accordance with all necessary and properly issued permits. The use of the drainage casement parcels must be consistent with Environmental Resource Permit (ERP) 411-01745, issued March 12, 2009, and if the ERP is amended County will provide Owners and District with a copy of all applications, Requests for Additional Information (RAI), and RAI responses. If the County does not properly maintain the stormwater management system for Oil Well Road located within the District in accordance with the ERP or other applicable regulations, the Owners shall provide County with written notice of the deficiency and witl provide County with a reasonable time to take corrective action. Should the County fail to respond with a corrective action plan approved by the appropriate oversight agency and should Owners be required to proceed with maintenance activity due to the County s failure to take corrective action, Owners will be reimbursed for its reasonable maintenance costs. 5. FILL. 'The fill removed from the Drainage Easement parcels identified herein is to be used solely on such parcels in the construction of the stormwater facilities or road construction ancillary to the stonmwater facilities. Any leftover fill shall be offered to the Owners. Owners shall ha,,-- ninety (90) days to take possession of the fll at their sole cost and expense. b. RELOCATION OF DRAINAGE EASEMENT. Owners have the riuht to relocate. redesign and modify the stormwater facilities for Oil Well Road at their sole cost and expense so long as it does not interfere or delay the County once the County tiles for a pen-nit modification from conceptual to construction and operation for Environmental Resource Permit (ERP) 4_11- 01745. The right and ability to relocate. redesign or modify the stormwater facilities exists regardless of whether there is a future realimunent of Oil Well Road. If the County constructs the Oil Well Road drainage facilities first, said improvements will remain until the Owners or the District incorporate the water into any relocated, redesigned, or modified stormwater management system. Should the Ow=ners or the District install the relocated, redesigned or Oil Well Rived Airl -icni •41h N.,u tme , rceised !f -,fb C�9.cDx Page 2 of 6 Agenda Item No. 16B1 October 27, 2009 Page 7 of 56 modified stormwater facilities that are designed to incorporate the water from Oil Well Road prior to the construction of the County improvements, then the County will not need the Drainage Easement parcels and said Drainage Easement will be of no further force and effect. The Owners' or District's water management system will be designed to accept, detain and treat the volume of water identified in ERP #11 - 01745, issued March 12, 2009, as modified by the County and approved by the permitting agency. The Owners andlor the District are responsible for the design, permitting, and construction of any relocated, redesigned, or modified stormwater management system sought by the Owners andior the District, and will do so at their sole cost and expense. Owners shall be responsible for all actions of Owners' employees or Owners' independent contractors while undertaking the relocation, redesign, or modifications to the stormwater management system. Owners shall require their contractors to obtain insurance in the amount of Two (2) Million Dollars per occurrence, and Owners shall require contractor to include County as named insureds. Owners, at their sole cost and expense may transfer all or a portion of the water management system, which may include the Oil Well Road water management system, to the District, a property owner's association, or other legal entity that meets the requirements of the SFWMD Basis of Review. Owners, District, or a successor, shall be responsible for the maintenance of the Owners' or District's water management system, and the water management system for that portion of Oil Well Road located within the District, if said Oil Well Road water management system has been relocated, redesigned or altered by the Owners or the District. The County has the right, but not the obligation, to maintain that portion of the Owners' or District's water management system utilized for the drainage of Oil Well Road, Should the County determine that the Owners have failed to properly maintain the system in accordance with the ERP or other applicable regulations, County shalt provide Owners with written notice of the deficiency and will provide Owners with a reasonable time to take corrective action. Should County be required to proceed with maintenance activity due to the Owners' failure to take corrective action, County will be reimbursed for its reasonable maintenance cost. Upon request by Owners, or their successors in interest, County shall provide a release, quitclaim deed, or such other necessary legal document as might be required to clear any cloud on the title or title defects for the Drainage Easement parcels described in Exhibit "B," that exists or arises due to the relocation, redesign or alteration of the stormwater management system, and the removal of all or part of the stormwater facilities on Parcels 237DE, 239DE1, 239DE2. The Owners shall reimburse the County for all costs associated with this effort except efforts to clear any cloud on the title or title defects that may have occurred after the County acquired the Drainage Easement parcels. 7. TEMPORARY CONSTRUCTION EASEMENTS. Owners shall convey to County, without compensation to Owners, two temporary construction easements over that certain property identified as Parcels 239TCE and 240TCE, which parcels are more particularly described in the legal descriptions appended to the Temporary Construction Easements attached hereto as Exhibit "C" (hereinafter referred to as "Temporary Construction Easements "). The three -year time period for the temporary construction easements begins on the date of the closing. The use of the Temporary Construction Easements must be consistent with the ERP #11- 01745, issued March 12, 2009, as modified by the County and approved by the permitting agency. The purpose of the Temporary Construction Easements is to permit the County's roadway contractor to reconstruct the intersection of Oil Well Road with Oil Well Grade Road along with the intersection of Oil Well Road with Owner's farm road located in the Northeast comer of Section 23, Township 48 South, Range 28 East. County is responsible for permitting and compliance with any permits for activity on the Temporary Construction Easements. Owners shall provide an extension to the Temporary Construction Easements, without compensation to Owners, should the County show good cause. The extension shall be for a period not to exceed three (3) years. County shall require its roadway contractor to provide Owners sixty (60) days prior written notice of the commencement of construction within Parcels 239TCE and 240TCE. The temporary construction easements shall terminate upon the engineer's submission of a Certificate of Completion to the South Florida Water Management District, the County's acceptance of the Oil Well Road improvements or three (3) years from the date of this Agreement, or the date of termination of any extension to the temporary construction easements which may be issued by Owners.. whichever shall occur first. Beyond the limits of the construction of the intersection of Oil well Read Amcmcnl - 4th Novus VMLon revised 10- 20 -W.dac Page 3 of 6 Agenda Item No. 16131 October 27, 2009 Page 8 of 56 Oil Well Road with Oil Well Grade Road and with Owners' afore- mentioned farni road, the County shall restore die Temporary Construction Easements to the same condition that existed prior to the commencement of the County or the County's contractor's activity on the Temporary Construction Easements. County shall be fully responsible for obtaining and being in compliance with any and all permits. County shall be responsible for all actions of County employees or County's independent contractors while on Owners' property. and any damages or other liability arising out of County's use of the Temporary Construction Easements. County shall require its roadway contractor to obtain insurance in the amount of Two (2) Million Dollars per occurrence, and County shall require said contractor to include Owners as named insureds. Upon request by Owners, or their successors in interest, County shall provide a release, quitclaim deed, or such other necessary legal document as might be required to clear any cloud on the title or title defects for the Temporary Construction Easements described in Exhibit "C" that exists or arises due to the creation and termination of the temporary construction casements. The Owners shall reimburse the County for all costs associated with this effort except efforts to clear any cloud on the title or title defects that may have occurred after the County acquired the Temporary Construction Easements. 8. DRIVEWAY CONNECTIONS. Owners shall convey to County, without compensation to Owners, those Temporary Driveway Restoration Easements over that certain property identified as Parcels 238TDRE1, 238TDRE2, 240TDRE1, 240TDRE2 and 240TDRE3, die legal descriptions for which are appended to the Temporary Driveway Restoration Easements attached hereto as Exhibit "D." Owners shall be responsible to pay for installation of any site related additional access points not already existing at the present time. The access points must be consistent with the County's access management policy in effect at the time of the execution of this Agreement, a copy of which is attached hereto and incorporated herein as Exhibit "E." 9. OWNERS' CONTINUED AGRICULTURAL OPERATIONS. Owners have the right to continue using all of parcels set forth above, without compensation to County, for ongoing agricultural operations after conveyance to the County, and shall indemnify and hold County harmless from any and all claims arising out of Owners' use. County shall provide sixty (60) days written notice to Owners of its intent to proceed with construction on a particular parcel, and Owners shall cease said agricultural operations within such parcel prior to the expiration of said sixty (60) day notice period, and shall make any fencing or other operational adjustments necessary to permit the construction activity to begin at the end of the sixty (60) day notice period. Should the Owners fail to vacate the property within the sixty (60) day period, the Owners shall be responsible for any and all delay damages the County may incur as a result of the delay caused by the Owners. Owners, will not be responsible for the failure to vacate the premises if the County or County s contractor failed to provide written notice as required herein. Legal Matters 10. This Agreement shall be construed by and controlled under the laws of the State of Florida, and shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. H. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to. all successors in interest to the parties to this Agreement. 12. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revolted as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 13. Except as otherwise provided herein, this Agreement shall only be amended or cancelled by mutual written consent of the parties hereto or by their successors in interest. This Agreement contains the entire agreement among the parties hereto, and sunersedes any and all prior ageements. arrangements, or understandings, whether oral or written and wh; ther recorded or unrecorded, between the parties hereto or their predecessors in interest, relating_ to the subject matter hereof. Oil Well Road .Arrecmecn -44th Knvus % rvn , d 10? ).09 doc Pave 4 of 6 Agenda Item No. 16131 October 27, 2009 Page 9 of 56 14. Notices hereunder shall be given to the parties set forth below and shall be made by hand delivery, facsimile, overnight delivery or by regular mail. If given by regular mail, the notice shall be deemed to have been given within a required time if deposited in the U.S. Mail, postage prepaid, within the time limit. For the purpose of calculating time limits which run from the giving of a particular notice the time shall be calculated from actual receipt of the notice. Time shall run only on business days which, for purposes of this Agreement shall be any day other than a Saturday, Sunday or legal public holiday. Notices shall be addressed as follows: If to Collier County: County Manager Collier County Manager's Office 3301 East Tamiami Trail Naples, Florida 34112 If to Owners: Tom Flood, President and CEO Collier Enterprises 3003 Tamiami Trail North, Suite 400 Naples, Florida 34103 If to District: Mike Rosen, Chairman Big Cypress Stewardship District 3003 Tamiami Trail North, Suite 400 Naples, Florida 34103 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 15. Owners shall execute this Agreement prior to it being submittal for approval by the Board of County Commissioners. This Agreement may be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement, at County's sole cost and expense. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the date and year first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk DONNA FIALA, CHAIRMAN AS TO SELLER: CDC LAND INVESTMENTS, LLC a Florida Limited Liability Company DATED: BY: CDC LAND INVESTMENTS, INC. a Florida Corporation, Manager Witness (Signature) By: �---- Printed Name: 1-4 1 ,n t 'i kW4- S 2 cod,- Printed Title: rce re si Name (Print or Type) _ r Witnes,'jEgnaturc) ~� Name (Print or Type) 1 Oil Well Road Agcnemem - 4tb Novus Version xvisal 10- 20- 09.doc Page 5 of 6 L6MUG i Witness 1 �oX4S E G�Eca�t E Name (Print or Type) Witness (Signature) y Name (Print or Type) ,f Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney Agenda Item No. 16131 October 27, 2009 Page 10 of 56 COLLIER LAND HOLDINGS, LTD., a Florida Partnership F /K/A CoIlier Enterprises, Ltd, a Florida Limited Partnership BY: COLLIER ENTERPRISES, INC. a Florida Corporation, General Partner By. Printed Name: Printed Title: Oil Well Road kgzevncnz • 4th kov" Vosion revised 10 ?o-o9.doc Page 6 of 6 PROJECT: Oil Well Road #60044 PARCELS /FOLIO NO(S): 237FEE /Portion of 00223040009 239FEE/Portion of 00223000007 241 FEE /Portion of 00222960009 WARRANTY DEED EXHIBIT "A" Agenda Item No. 16131 TO OIL WELL ROAD Octqber 27, 2 09 AGREEMENT Page 11 0 7 56 PAGE 1 OF 10 THIS WARRANTY DEED made this day of , 20_, by CDC LAND INVESTMENTS, LLC, a Florida limited liability company, whose mailing address is 3003 Tamiami Trail North, Suite 400, Naples, Florida 34103 (hereinafter referred to as "Grantor') to COLLIER COUNTY, a political subdivision of the State of Florida, whose post office address is 3301 Tamiami 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.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, alienates, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. This property was not acquired by the County pursuant to a petition in eminent domain regarding said property and is not subject to the restrictions imposed by Section 73.013, Florida Statutes. Subject to easements, restrictions, and reservations and other matters of record as set forth in Exhibit "B" (attached hereto). THIS IS NOT HOMESTEAD PROPERTY TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. Subject to the right of the Grantor to occupy and farm the lands conveyed hereby, and to relocate fencing and irrigation equipment until receipt of notice from Grantee to vacate the premises in accordance with the provisions of the Oil Well Road Agreement dated October 27, 2009. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURES CONTINUED TO NEXT PAGE EXHIBIT "A,Agenda Item No. 1,3131 TO OIL WELL ROAD October 27, 2 09 AGREEMENT Page 12 0 7 56 PAGE 2 OF 10 WITNESSES: CDC LAND INVESTMENTS, LLC a Florida Limited Liability Company BY: CDC LAND INVESTMENTS, INC. (Signature) a Florida Corporation, Manager By:: (Print Full Name) Printed Name: Printed Title: (Signature) (Print Full Name) STATE OF _ COUNTY OF The foregoing Warranty Deed was acknowledged before me this day of ,20 ,by ,as of CDC Land Investments, Inc., a Florida Corporation, as Manager of CDC Land Investments, LLC, a Florida Limited Liability Company, on behalf of the corporation and the company, who: is personally known to me OR produced as proof of identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: Last Revised: 9 118 /08 i 1 B1 October 2 , 2 09 Page 1 0 56 LEGAL DESCRIPTION AND SKETCH Fee Simple! Interest Parcel No. 237 FEE (This is not a Field Survey) DESCRIPTION EXHIBIT "A" TO OIL WELL ROAD AGREEMENT PAGE 3 OF 10 FEE SIMPLE INTEREST The North 100.00 feet of the South 150.00 feet of Section 15, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 15, said corner lying on the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way); thence leaving said center line N 01'27'16" W along the west line of said Section 15 for 50.01 feet to on intersection with the existing north right —of —way line of sold 011 Well Road and the Point of Beginning; thence leaving said north line and continuing along said west tine N 01'27'16" W for 100.02 feet; thence leaving said west line N 89'44'36 "' E for 2674.31 feet to a point that bears N 00'15'24" W and 150.00 feet from the south One Quarter (1/4) corner of said Section 15; thence continue N 89'44'36" E for 2666,65 feet to an intersection with the east line of said Section 15; thence along said east line S 00'40'09" E for 100.00 feet to an intersection with the said existing north right —of —way line of Oil Well Road, said point of Intersection bearing N 00'40 09" W and 50.00 feet from the southeast corner of said Section 15; thence leaving said east line and along said north right —of —way line S 89'44'36" W for 2667.37 feet to a point that bears N 00'15'24" W and 50.00 feet from the said south One Quarter (1/4) corner of Section 15; thence continue along said north right —of —way line S 89'44'36" W for 2672.22 feet to the Point of Beginning, Containing 12.260 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 89'44 "36" W for the south line of the Southwest Quarter (SW 1/4) of Section 15, Township 48 South, Range 28 East, Collier County, Florida. SHEET 1 OF 2 LEakL. DESCRIPTION AND SKETCH PREPARED By MdOM&CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6869. CLIENT: COLLIER CO. / CH2MHILL ' f. PROJECT: OIL WELL ROAD [ .. JEFFREY ZS 1LL • PROFESSIONAL SURVEYOR AND MAPPER ,1 STATE OF FLORIDA REGISTRATION uCEN9E No. LS eug DATE: APRIL 14, 2007 ��j * �'�}qyn t rr _� 9241 ARC WAY 1�/r••i�L1V1& FORT MYERB, FLORIDA, -7D29 T PHONE: E OF 278 -B87S Fax: N No. 2767028 : � �r• � FLORIDA CERTIFICATE OF AUTHORIZATION No. LS 8558 INTERNET SnT:FTTP:1A WW.MOWMCREED.COM .' ±•�, �'., LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 237 FEE (This is not a Field Survey) N 00'40'09" W SECTION 14 SECTION 15 S 00.40'09" E 100.00' r; EXHIBIT "A" N N TO OIL WELL ROAD AGREEMENT PAGE 4 OF 10 120 0 120 w� 3. I rn SCALE 1' - 120' c0 q* M 'q FEE SIMPLE v INTEREST 0 I z I (n 237 FEE I I 12-260-t I ACRES 100.00' N 00'1524" IZ 1 J 0. PAGED 749 37 � I N I n cD I 1 cD N = N P.Q.B. - POINT OF BEGINNING x P.O.C. - POINT OF COMMENCEMENT R = RADIUS L = ANGLE L = LENGTH w Ch = CHORD LJ a 3 CB - CHORD BEARING IO e O.R. = OFFICIAL RECORDS I a B.O.S. = BEGINNING OF SURVEY �I rn cc Z1 (n N 01'27'16" 1W I P.O.B. 100.02' I N 01'27'16- W SECTION 15 I SECTION 16 N 01'27'16" W 50.01' w z a M x N R m Z Agenda Item N( October 2 Page 1 N 00'40'09" W 50.00' SE CORNER OF SECTION 15 -48 -28 P.O.T. STATION 331 +94.07 SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 15 -48 -28 (EXISTING CENTER LINE OF OIL WELL ROAD) P.O.C. SW CORNER OF SECTION 15 -4B -28 P.I. STATION 278 +55.17 SHEET 2 OF 2 rVj �I� "`/� &� 9241 DA, WAY CU � R CO. /CH2MIiILL FORT M `+��L PHONE: (2W 2MM75 Fat: (23y) 275_7029 PROJECT: OIL WELL ROAD FLORIDA OERTIFICATE OF ALrtHORLZATION NO. LS 9888 INTERNET SITE: HT�JNJWW.M,0MOREED.00M DATE; APRIL 14, 2007 1�B1 2 09 E 0 56 SOUTH 1/4 CORNER _tj,_ V SECTION 15 -48 -28 P.O.T. STATION 305 +26.34 �j E a w I D Z co W t C L I m U I � 9 ir C J J n t.l.i N 7 J w O m SOUTH LINE OF THE a SOUTHWEST QUARTER OF SECTION 15 -48 -28 (EXISTING CENTER LINE OF OIL WELL ROAD) P.O.C. SW CORNER OF SECTION 15 -4B -28 P.I. STATION 278 +55.17 SHEET 2 OF 2 rVj �I� "`/� &� 9241 DA, WAY CU � R CO. /CH2MIiILL FORT M `+��L PHONE: (2W 2MM75 Fat: (23y) 275_7029 PROJECT: OIL WELL ROAD FLORIDA OERTIFICATE OF ALrtHORLZATION NO. LS 9888 INTERNET SITE: HT�JNJWW.M,0MOREED.00M DATE; APRIL 14, 2007 1�B1 2 09 E 0 56 Agenda Itern NJa. 11 October 27., 2 Page 15 o EXHIBIT "A" TO OIL WELL ROAD LEGAL DESCRIPTION AND SKETCH AGREEMENT PAGE 5 OF 10 Fee Simple Interest Paroel No, 239 FEE (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION The North 100.00 feet of the South 150.00 feet of Section 14, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 14, sold corner lying on the existing center line of 011 Well Road (C.R. 858, 100' Right —of —Way); thence leaving said center line N 00'40'09" W along the west line of sold Section 14 for 50.00 feet to an Intersection with the existing north right —of —way line of sold Oil Well Road and the Point of Beginning; thence leaving said north line and continuing along said west line N 00'40'09" W for 100.00 feet; thence leaving said west Line N 89'44'36" E for 2669.73 feet to a point that bears N 00'15'12" W and 150.00 feet from the south One Quarter (1/4) corner of said Section 14; thence N 89'45'00" E for 2656.51 feet to an intersection with the east line of said Section 14; thence along said east line S 00'51'16" E for 100.01 feet to an intersection with the said existing north right —of —way Fine of Oil Well Road, sold point of intersection bearing N 00'51'16" W and 50.00 feet from the southeast corner of said Section 14; thence leaving said east line and along said north right —of —way line S 8945'00" W for 2657.56 feet to a point thct bears N 00'15'12" W and 50.00 feet from the said south One Quarter (1/4) corner of Section 14; thence continue along said north right —of —way line S 89'44'36" W for 2669,00 feet to the Point of Beginning. Containing 12.228 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'44 "36" E for the south line of the Southwest Quarter (SW 1/4) of Section 14, Township 48 South, Range 28 East, Collier County, Florida. SHEET 1 OF 2 STATE OF FLORIDA AND SKETCH PREPARED BY MWOMBCREED, PA STATE OF FLOIDA CERTIFICATE OF gl)THORIZ MON No. Le 8680. CLIENT: COWER CO, I CHWHILL PROJECT: OIL WELL ROAD JEFFREY M40TILL - PROFE681DN4L BuRVEYDRAND MAPPER r STATE OF FLORIDA REat BTRATIDN LtCEN8E No. L8 6360 DATE: APRIL 14, 2007 'A / M V /'�� 8241 ARC WAY 4 y 1 j�Ir,� �C M H 1 FORT M75 Fa FLORIDA, 39012 _ WidL/ PHONE: E OF AUTHORIZATION 76 ATI N N 276-7020 1. .�. � FLORIDA CERnFICATE OF ALRHORRATION No, LH 8666 ..� INTERNET SITE: HTTP:/ANWW.MCKIMCREED.COM - 1 56 LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 239 FEE (This is not a Field Survey) N 00'51'16" W SECTION 13 =L; I IUN 14 I S 00'51'16" E I. 1 EXHIBIT "A" TO OIL WELL ROAD AGREEMENT PAGE 6 OF 10 120 0 120 SCALE 1" — 120' FEE SIMPLE INTEREST 239 FEE 12.228± ACRES O.R. BOOK 1537 PAGE 749 P.0.8. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS A = ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. - OFFICIAL RECORDS B.O.S. - BEGINNING OF SURVEY N_ 00.40'09" W �1 ul LO 1 r, U-) U') cD Ip N N w� 3 OI o in l o rn � rn CO ! 00 ZI _ 100.00' _ N 00"15'12" 0 L o N 00'51'16" W 50.00' Agenda Item-N-e. 1 B1 October 27, 2 09 Page 1 0 56 SE CORNER OF SECTION 14 -48 -28 P.I. STATION 385 +20.79 w z J W V, 8241 ARC WAr FORT M� M m r SOUTH LINE OF THE PHONE: (239) 6.8976Fa�cF 27b -7D2B SOUTHEAST QUARTER OF SECTION 14 -48 -28 V) (EXISTING CENTER LINE Q OF OIL WELL ROAD) 00 O N N U.1 0 0 z SOUTH 1/4 CORNER SECTION 14 -48 -28 P.I. STATION 358 +62.71 W I z 8241 ARC WAr FORT M� W z W co PHONE: (239) 6.8976Fa�cF 27b -7D2B I� J z CC) W Q —"'- } J DATE; APRIL 14, 2OD7 N L.L N I� N O v) QY C=0 Il C J ___I Uj ID z co Z N Ip x J M w W O '.. 12 .4' -.4- SOUTH LINE DF THE co I CO SOUTHWEST QUARTER Z I V) co z OF SECTION 14 -48 -28 (EXISTING CENTER LINE I �� OF OIL WELL ROAD) N 00'40'09" W P.O.B. 100.00' I I SECTION 14 SECTION 15 N 00'40'09" W 50.00' P.O.C. SW CORNER OF SECTION 14 -48 -28 P.O.T. STATION 331 +94.07 SHEET 2 OF 2 8241 ARC WAr FORT M� CUENT! COLUER CO. 1 CHZMHILL PHONE: (239) 6.8976Fa�cF 27b -7D2B PROJECT: FLORIDA CERTIFIOATE OF AUTHORIZATION No. LB 968D OIL WELL ROAD INMFINET SRE: HTTP:lM/ww.MCIOMCREED.COM —"'- DATE; APRIL 14, 2OD7 --------AgeRda kern N e. 1 131 October 27;, 2 09 Page 1 7 o 56 LEGAL DESCRIPTION AND SKETCH "A" Fee Simple Interest Parcel No, 241 FEE TO OIL YY EXHIBIT IT ROAD (This is not 'a Field Survey) AGREEMENT PAGE 7 OF 10 FEE SIMPLE INTEREST DESCRIPTION The North 100.00 feet of the South 150.00 feet of the Southwest Quarter (SW 1/4) of Section 13, Township 48 South, Range, 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 13, sold corner lying on the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way); thence leaving said center line N 00'51'16" W along the west line of said Section 13 for 50.00 feet to an intersection with the existing north right —of —way line of sold 011 Well Road and the Point of Beginning; thence leaving said north line and continuing along said west line N 00'51'16" W for 100.01 feet; thence leaving said west line N 89'44'04" E for 2682.71 feet to an intersection with the east line of the Southwest Quarter of said Section 13; thence along said east line S 01'11'28" E for 100.01 feet to an intersection with the said existing north right —of —way line of Oil Well Road, said point of intersection bearing N 01'11'28" W and 50.01 feet from the south One Quarter (1/4) corner of said Section 13; thence leaving said east line and along said north right —of —way line S 89'44'04" W for 2683.30 feet to the Point of Beginning. Containing 6.159 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'44 "04" E for the south line of the Southwest Quarter (SW 1/4) of Section 13, Township 46 South, Range 28 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED BY MoKIM6,CREED, PA STATE OF FLORIDA.10ERnFICA'[E OF AUTHOAIZATION No. L8 &599, CLIENT: COLLIER CO.! OH2MHILL ^'• �., /J 2 PROJECT: OIL WELL ROAD JEFFREY M. SDLL - PROFESSIONAL SURVEYOR AND MAPPER�.,Y' STATE OF FLORIDA REGISTRATION LICENSE No. LB 8300 GATE: APRIL 14, 2007 I,. , '_ �i"�7',J� tr • 8241 ARC WAY V jwr•J.l�liiVl/V'r� FORT MY5 F FLORIDA, -7029 PHONE: E OF AUTHORIZATION Fax: N N . Us 0529 ; ;' i t� • ` FLORIDA OEF[TIFICA7E OF AUTHORIZATION NO. Le 8699 INTERNETBRE: HTTPJANWW.MCIaMCREED.COM L;'" LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 241 FEE (This is not a Field Survey) O.R. BOOK 3696 PAGE 3,,5c) N 01'11'28" W EAST LINE OF THE SOUTHWEST QUARTER SECTION 13 -48 -28 I 1 1 S 01'11'28" E I z 100.01' r 13 11 EXHIBIT "A" TO OIL WELL ROAD AGREEMENT PAGE 8 OF 10 N 01'11'25" W 50.01' w a J L0 ? C0 I o U N N J z W z V) w _I CB = CHORD BEARING O.R. a OFFICIAL RECORDS B.O.S. - BEGINNING OF SURVEY N 00'51'16" W I N 00'51'16" W i P.O.B. 100.01' SECTION 13 SECTION 14 N 00'51'16' W 50.00' rip 110n i 410. 1 B 1 October 27, 2 09 Page 1$ o 56 SOUTH 1/4 CORNER SECTION 13 -48 -28 P.I. STATION 412 +04.38 W z (o 120 0 20 _ (V 1 SCALE 1" — 120' aV � N I FEE SIMPLE w INTEREST to W to :r 0 la C41 EE a SOUTH LINE OF THE 6.159± SOUTHWEST QUARTER OD ACRES O.R. BOOK 1537 t PAGE 749 `t 1 wt � d l s P.O.B. - POINT OF BEGINNING m V. o P.O.C. - POINT OF COMMENCEMENT R - RADIUS c A = ANGLE L = LENGTH Q) 00 1 00 Ch - CHORD Z t to CB = CHORD BEARING O.R. a OFFICIAL RECORDS B.O.S. - BEGINNING OF SURVEY N 00'51'16" W I N 00'51'16" W i P.O.B. 100.01' SECTION 13 SECTION 14 N 00'51'16' W 50.00' rip 110n i 410. 1 B 1 October 27, 2 09 Page 1$ o 56 SOUTH 1/4 CORNER SECTION 13 -48 -28 P.I. STATION 412 +04.38 P.O.C. SW CORNER OF SECTION 13 -48 -28 P.I. STATION 385 +20.79 �^ SHEET 2 OF 2 —v N�„�[,�/� &f"'�'D^\ 6241 ARC WAY ��I 'ro��CO. /CH2MHILL i iui� 1 t, �� r"r. j J FORT PHONE (239) 276.88 b FFLORIDA, ( 8) 276�02fl FLORIDA CERTIFICATE OP AN}{pR¢gnON No. L8 BBBB PROJECT: OIL WELL ROAD INTF�iNE1' 871E: �TTTPJ/WYJW.MCgMCREED.COM DATE: APRIL 14, 2007 W z `< M r i W �!1 :r 0 a SOUTH LINE OF THE SOUTHWEST QUARTER OD OF SECTION 13 -48 -28 (EXISTING CENTER LINE OF OIL WELL ROAD) P.O.C. SW CORNER OF SECTION 13 -48 -28 P.I. STATION 385 +20.79 �^ SHEET 2 OF 2 —v N�„�[,�/� &f"'�'D^\ 6241 ARC WAY ��I 'ro��CO. /CH2MHILL i iui� 1 t, �� r"r. j J FORT PHONE (239) 276.88 b FFLORIDA, ( 8) 276�02fl FLORIDA CERTIFICATE OP AN}{pR¢gnON No. L8 BBBB PROJECT: OIL WELL ROAD INTF�iNE1' 871E: �TTTPJ/WYJW.MCgMCREED.COM DATE: APRIL 14, 2007 Agenda Item No. 1 B1 First American %Itle Insurance Company October 27, 2 09 PaaP 19 o 56 FAnc 216x ALTA commitment (1982) (with printed mineral exception) EXHIBIT "A" TO OIL WELL ROAD AGREEMENT PAGE 9 OF 10 SCHEDULE B - SECTION 2 EXCEPT16NS Agent's File No.: Collier County Dedication of road r/w Any policy we Issue will have the following exceptions unless they are taken care of to our satisfaction. 1. Any rights, Interests or claims of parties in possession of the land not shown by the public records. 2. Any rights, Interest or claims affecting the land vyhich a correct survey would disclose and which are not shown by the public records. I 3. Any lien for services, labor, or materials In connection with improvements, repairs or renovations provided before, on, or after Date of Policy, not shown by the public records. 4. Any dispute as to the boundaries caused by a ch inge In the location of any water body within or adjacent to the land prior to Date of Policy, ar d any adverse claim to all or part of the land that is, at Date of Polity, or was previously unde water. 5. Taxes or special assessments not shown as lien Ih the public records or in the records of the local tax collecting authority, at Date of Policy. I 6. Any minerals or mineral rights leased, granted or retained by current or prior owners. 7. Taxes and assessments for the year 2009 and lbsequent years, which are not yet due and payable. B. Resolution recorded in Book 649, Page 1239. J 9. Notice of Interim Land Use Limitation recorded in Book 4457, Page 1903. 10. 011, gas and mineral reservations contained in In4trument recorded in Book 884, Page 1436; as affected by Deed in Book 1413, Page 879; and further affected by Waiver of Surface Exploration Rights In Book 4208, Page 2041. 11. 011, gas and sulphur lease recorded In Deed Book 9, Page 560; as affected by Partial Release In Book 337, Page 531; together with Amendment To and Ratification of Lease in Book 1606, Page 309. 12. Memorandum of Oil, Gas and Mineral Leases recorded in Book 1611, Page 44; as refilled In Book 1700, Page 584. Page 8 of 12 9018 -2223618 Agenda Item No. 16131 EXHIBIT "A" October 27, 2009 TO OIL WELL ROAD Page 20 of 56 AGREEMENT PAGE 10 OF 10 First American Title Insurance Company 11 Memorandum of Notice recorded In Book 2394, Page 378. 14. Terms and conditions of any existing unrecorded lease(s), and all rights of lessee(s) and any parties claiming through the lessee(s) under the lease(s). Project: Oil Well Road #60044 Parcel/Folio No(s): " 237DE/Portion of #00223040009 239DE1/Portion of #00223000007 239DE2/Portion of #00223000007: DRAINAGE EASEMENT Agenda Item No. 1 3131 EXHIBIT "B" October 27, 2 09 TO OIL WELL ROAD Page 21 0 56 AGREEMENT PAGE 1 OF 8 THIS EASEMENT, made and entered into this day, of , 20 , by CDC LAND INVESTMENTS, LLC, a Florida Limited Liability Company, whose mailing address is 3003 Tamiami Trail North, Suite 400, Naples, Florida 34103, (hereinafter referred to as "Grantor "), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "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.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non - exclusive drainage easement to enter upon and to install and maintain drainage structures and facilities, including but not limited to ditches, swales, earthen berms, rip -rap and retaining wall systems, underground pipes, and various types of water control structures 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 facilities thereon. This easement includes the right to remove and use any and all excavated material for the construction of stormwater retention and treatment facilities within the easement area or for the construction of facilities adjacent thereto. The easement granted herein shall constitute an easement 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. WITNESSES: CDC LAND INVESTMENTS, LLC a Florida Limited Liability Company BY: CDC LAND INVESTMENTS, INC. (Signature) a Florida corporation, Manager By: (Print Name) Printed Name: Printed Title: (Signature) (Print Name) - -- -_ No. 113B1 October 27, 2 09 EXHIBIT "B" Page 22 0 7 56 TO OIL WELL ROAD AGREEMENT PAGE 2 OF 8 STATE OF _ COUNTY OF The foregoing Drainage Easement was acknowledged before me this day of 20 by I as of CDC Land Investments, Inc., a Florida corporation, Manager of CDC Land Investments, LLC, a Florida limited liability company, on behalf of the corporation and the company, who: is personally known to me OR produced as proof of identity. (affix notarial sea[) (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: Agenda Item N Octdber 2 Page. EXHIBIT "B" TO OIL WELL ROAD AGREEMENT LEGAL DESCRIPTION AND SKETCH PAGE 3 OF 8 Drainage Easement Parcel No. 237 DE (POND 7) (This is not a Field Survey) DESCRIPTION A parcel of land lying in Section 15, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 15; thence N 89'44'36" E along the south line of the Southwest Quarter (SW 1/4) of said Section 15, said south line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 144.20 feet; thence Leaving said south line N 00'15'24" W for 150.00 feet to an intersection with the proposed north right —of —way line of said Oil Well Road and the Point of Beginning (said proposed right —of —way line being parallel to and 150.00 feet north of, as measured at right angles from, the said existing center line of Oil Well Road); thence leaving said proposed right —of —way line N 01'51'36" E for 150.10 feet; thence N 89'44'36" E for 2020.00 feet; thence S 01'51'36" W for 150.10 feet to an intersection with the sold proposed north right —of —way line of Oil Well Road; thence along said proposed north right —of —way line S 89'44'36" W for 2020.00 feet to the Point of Beginning. Containing 6.956 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAO 83/99 being N 89'44 "36" E for the south line of the Southwest Quarter (SW 1/4) of Section 15, Township 48 South, Range 28 East, Collier County, Florida. LEGAL DESCRIPTION AND SKETCH PREPARED BY MMM&CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 666e. CLIENT: COLLIER CO. / CM2MMILL PROJECT: OIL WELL ROAD JEFFREY hYUT" - PROFESSIONAL sURVE'YOA AND MAPPER STATE OF FLORIDA REOISTRATTON LICENSE No. LS 6989 DATE APRIL 14. 2007 B241 ARC WAY FORT • �'`� PHONE: R39) 276-U76 Fe :c (238) 277 -7020 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB e6e6 INTERNET SITE: HfTP- /AW-W-M=MCREED.COM gHEET 1 OF 2 101 MET -- -- -- — Agenda Item No. 1 B1 October 2-7, 2 09 t - Page 24 0 7 56 j LEGAL DESCRIPTION AND SKETCH I EXHIBIT"B" Drainage Easement 100' .50' TO OIL WELL ROAD Parcel No. 237 DE (POND 7) _ _ � AGREEMENT (This is not a Field Survey) PAGE 4 OF 8 S 01'51'36" W NOD'15'24 "W 15010' I 150.00' Page a I I m w� r M� N 200 0 200 ' Z: �\ SCALE 1" 200' , 00 i I0 I co "CD ! U 0 0 237 DE N 0, O I J ji ❑ (POND 7) w 6.956± o �6 _� S ACRES ,6 "' _J Io FI Lo cn a a L' �I O.R. BOOK 1537 b) SOUTH LINE OF THE SOUTHWEST QUARTER PAGE 749 b' l OF SECTION 15 -48 -28 (EXISTING CENTER LINE ' OF OIL WELL ROAD) I °o � d o P.D.B. = POINT OF BEGINNING I I N P.O.C. = POINT OF COMMENCEMENT R =RADIUS , A - ANGLE L - LENGTH I Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS I M � I � rn I Go z N 01'51'36" E I N00'15'24 "W 150.10' i 150.00' ' N 89'44'38" E 144.20' P.O.B. 100, I 150, P.O.C. N 01'27'16" W SECTION 15 SW CORNER OF r'� SECTION 15 -48 -28 SECTION 16 P.I. STATION 278 +55.17 SHEET" 2 OF 2 o- j�� 8247 ARC WAY (J F275 MY5 a, FLORIDA, 33812 PHONE: CLIENT: COLLIER CO./ CH2MHILL V 276 -7028 FLORIDA OEATIFlCATE OF ALlTHOAiZATION E OF 276-6876 AM PROJECT; OIL WELL ROAD N N No. LB 0696 INTERNET STE: HTTP:/M^MN.MGOMCREED.COM DATE: APRIL 14, 2007 �n[�nrla (tom Nln October 27, Page 21 EXHIBIT "B" TO OIL WELL ROAD AGREEMENT LEGAL DESCRIPTION AND SKETCH PAGE 5 OF 8 Drainage Easement Parcel No. 239 DE1 (POND 8) (This is not a Field Survey) DESCRIPTION A parcel of land lying in Section 14, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 14; thence N 89'44'36" E along the south line of the Southwest Quarter (SW 1/4) of sold Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 273.92 feet; thence leaving said south line N 00'15'24" W for 150.00 feet to an intersection with the proposed north right —of —way line of said 011 Well Road and the Point of Beginning (said proposed right —of —way line being parallel to and 150.00 feet north of, as measured at right angles from, the said existing center line of Oil Well Road); thence leaving said proposed right —of —way Fine N 00'40'09" W for 550.00 feet; thence S 89'44'36" W for 275.00 feet to an intersection with the west line of the said Southwest Quarter (SW 1/4) of Section 14; thence along sold west line S 00'40'09" E for 550,00 feet to an intersection with the said proposed north right —of —way line of Oil Well Road, sold point of intersection bearing N 00'40 09" W and 150.00 feet from the said southwest corner of Section 14; thence leaving said west line and along said proposed north right— of —wqy line N 89'44'36" E for 275.00 feet to the Point of Beginning, Containing 3.472 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 69'44 "36" E for the south line of the Southwest Quarter (SW 1/4) of Section 14, Township 48 South, Range 28 East, Collier County, Florida. LEiAL. DESCRIPTION AND SKETCH PREPARED BY Mo CM&CREEp, PA STATE OF FLORIDA CERTIFICATE OF AUTHORfZATION No. LB 555b. CUENT: COWER a0. / OHI MNILL SHEET 1 OF 2 �Q PROJECT: OIL WELL ROAD • ".;i i 171 JEFFREY F OfILL - PROFESSIONAL SURVEYOR AND MAPPER 6TATE OF FLORIDA REOIBTRAi1DN.UCENSENO. DATE: APRIL 14, 2007 L9 8,788 '� /i�/1'�`7,1�� V NI ■`�K`iM,LM.il 8247 ARC WAY FLORIDA, 33072 /� Y ) 27"875 F 1, I , FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8588 INTERNET STfE: 4 , •�; . ,. HTIPJNWJW.MCIQMCREED.COM 56 I,, to � Y O O W � ma O I O In 110- N 3 of 0 0 0 z z 0 F wU N O O O 10 w 0 0 0 0 .r z 0 s= U (� LEGAL DESCRIPTION AND SKETCH Drainage Easement Parcel _ No. _239 DEUPOND 8) (This is no EXHIBIT "B" TO OIL WELL ROAD AGREEMENT PAGE 6 OF 8 S 89'44'36" W 275.00' 1 WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 14 -48 -28 239 DE7 (POND 8) 3.472± ACRES P.O.B. N 89'44'36" E 275.00' PROPOSED RIGHT -OF -WAY LINE 3 I3 0 00 gN 0 o ��o 0 EXISTING RIGHT -OF -WAY LINE z N 89'44'36' E z O 0 LO LO 0 0 0 0 .O Aganria Item Nn 1 131 October 27, 2 09 Page 20 o 56 ao 0 ao SCALE 1" a 80', P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS A = ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS O.R. BOOK 1537 PAGE 749 I O N 89'44'36" E 273 92' LO UIL VVELL RD. (C,R, 858) SURVEY BASE LINE P.O.C. SOUTH LINE OF THE SW CORNER OF SOUTHWEST QUARTER SECTION 14 -48 -28 OF SECTION 14 -48 -28 P.O.T. STATION 331+94.07 (EXISTING CENTER LINE OF OIL WELL ROAD) SHEET 2 OF 2 i,a �/�tiiTt ii�� e247 ARC WAY C� COLLIER CO. /CH2MHILL FORT MYERS- J•�y_i\jM PHONE: (239) 275 -9875 F=: (2M FLORIDA, 5 -79029 FLORIDA CERTIFICATE OF AUT}10RIZA770N No, LB 8588 PROJECT: OIL WELL ROAD INTERNET BffE: HTTPJiW WyyMCKIMCREED.COM DATE: APRIL 14, 2007 Ancnrl� I +om Alr .113B1 October 27, 2 09 Page 2 1 o 56 IN EXHIBIT "B" TO OIL WELL ROAD AGREEMENT LEGAL DESCRIPTION AND SKETCH PAGE T OF 8 Drainage Easement Parcel No. 239 DE2 (POND 9) (This is not a Field Survey) DESCRIPTION A parcel of land lying in Section 14, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southeast corner of said Section 14; thence S 89'45'00" W along the south line of the Southeast Quarter (SE 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 731.65 feet; thence leaving said south line N 001500" W for 150.00 feet to on intersection with the proposed north right —of —woy line of said Oil Well Road and the Point of Beginning (said proposed right —of —way line being parallel to and 150.00 feet north of, as measured at right angles from, the said existing center line of Oil Well Road); thence S 89'45'00" W along said proposed right—of—way line for 795.00 feet; thence leaving said proposed right—of—way line N 001500" W for 738.00 feet; thence S 89'15'00" E for 432.03 feet; thence S 26'40'37" E for 815.70 feet to the Point of Beginning. Containing 10.325 Acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 89'45 "00" W for the south line of the Southeast Quarter (SE 1/4) of Section 14, Township 48 South, Range 28 East, Collier County, Florida. TECM - ROW JAM 0 6 2009 SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH PREPARED BY M.KIM&CREED, PA STATE OF F IDA cERflFlCATE OF AUTHO IZATON No. L8 6566. CLIEM: COLLIER CO. / CH2MHILL PROJECT: OIL WELL ROAD JASON D LL - PROFESSIONAL SURVEYOR AND MAPPER DATE' JANUARY 5, 2008 STATE OF LORIDA REGISTRATION LICENSE No. LS 6006 10970 SOUTH CLEVELAND AVE.. SUITE 401 -8875 yry —j�y� j,(J y jD PHONE: (239) 22775 F— (239) 275 -7029 FLORIDA CERTIFICATE OF AUTHORIZATION N. LS 6566 INTERNET SITE: HTTP. /NJWW.MCKIMCREEO.COM LEGAL DESCRIPTION AND SKETCH OnoAda lt@;;. We. 1 1B1 -_ -_ __OQtQher271 2 09 Page 2 0 7 56 EXHIBIT "B" TO OIL WELL ROAD i AGREEMENT PAGE 8 OF 8 Drainage Easement Parcel No. 239 DE2 (POND 9) (This is not a Field Survey) 432.03' S 89'15'00" E 20 0 120 NOT TO SCALE O 0 00 n zt 0 0 0 0 mw p 13 -°0 o Imo iot2 o Iz LO - 'o. a 239 DE2 (POND 9) 10.325± o_ ACRES S 89'45'00" W 795.00' PROPOSED RIGHT -OF -WAY LINE - EXISTING _RIGHT-OF-WAY LINE - - S 89'45'00" W S 89'45'00" W 550.00' SURVEY BASE LINE OIL WELL RD. (C.R. 858) O.R. BOOK 1537 PAGE 749 SOUTH LINE OF THE SOUTHEAST QUARTER P.0.8. = POINT OF BEGINNING OF SECTION 14 -48 -28 P.O.C. = POINT OF COMMENCEMENT (EXISTING CENTER LINE R - RADIUS OF OIL WELL ROAD) A = ANGLE L = LENGTH Ch - CHORD CS = CHORD 8EARING O.R. = OFFICIAL RECORDS B.O.S. = BEGINNING OF SURVEY / P.O.B. f li o lao 0 Imo 0 0 IZ 0 I[ `n 'r S 89'45'00" W 731.65' P.O.C. SE CORNER OF SECTION 14 -48 -28 P.I. STATION 385 +20.79 TECM - ROW JAN 0 6 2009 SHEET 2 OF 2 10970 SOUTH CLEVELAND AVE.. SUIT=_ 401 CLIENT: COLLER CO./ C112 MHILL FD? 5F 3 9N _�V � V�D IX2587m:(23g)2757029 PROJECT OILWELLROAD 4,6 v FLORIDA CERTIFICATE OF AUTiORILATION NO LB 8586 INTERNET SITE HTTP: /M)W W.MCKIMCREED.COM DATE: JANUARY 5 , 2008 PROJECT: Oil Well Road #60044 PARCEL: 239TCE FOLIO: Portion of 00223000007 Agenda Item No. EXHIBIT "C' October 27, TO OIL WELL ROAD Page 29 AGREEMENT PAGE 1 OF 8 TEMPORARY CONSTRUCTION EASEMENT THIS TEMPORARY CONSTRUCTION EASEMENT, is made and entered into this day of , 20 , by CDC LAND INVESTMENTS, LLC, a Florida Limited Liability Company, whose mailing address is 3003 Tamiami Trail North, Suite 400, Naples, Florida 34103 (hereinafter referred to as "Grantor "), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "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.) WITNESSETH: That the Grantor, for and in consideration of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary Construction Easement to enter upon the lands described as follows: SEE ATTACHED EXHIBIT "A" which is incorporated herein by reference, for the purpose of reconstructing the intersection of Oil Well Road and Oil Well Grade Road. Except as provided below, this Temporary Construction Easement shall expire 1,095 days from the date first above written. Upon completion of the construction of the intersection improvements, Grantee shall use its best efforts to restore the surface of the Temporary Construction Easement area beyond the roadways and ancillary facilities to its pre - existing condition. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. AS TO GRANTOR: Witness: Print Name: Witness: Print Name: CDC LAND INVESTMENTS, LLC a Florida Limited Liability Company BY: CDC LAND INVESTMENTS, INC. a Florida Corporation, Manager By: Printed Name: Printed Title: W. STATE OF _ COUNTY OF Agenda Item No. 1 EXHIBIT""" October 27, 2 TO OIL WELL ROAD Page 30 o AGREEMENT PAGE 2 OF 8 The foregoing Temporary Construction Easement was acknowledged before me this day of , 20 , by , as of CDC Land Investments, Inc., a Florida corporation, Manager of CDC Land Investments, LLC, a Florida Limited Liability Company, on behalf of the corporation and the company, who: is personally known to me OR produced identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: Last Revised: 7118/08 2 proof of a 56 EXHIBIT "C" TO OIL WELL ROAD AGREEMENT PAGE 3 OF 8 LEGAL DESCRIPTION AND SKETCH Temporary Construction Easement, Parcel No. 239 TCE (This is not ,a Field Survey) TEMPORARY CONSTRUCTION EASEMENT DURATION -? DESCRIPTION A parcel of land lying in Section 14, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southeast corner of said Section 14; thence S 89'45'00" W along the south line of the Southeast Quarter (SE 1/4) of said Section 14, said south line also being the existing center line of 011 Well Road (C.R, 858, 100' Right —of —Way), for 508.31 feet; thence leaving said south line N 00'15'00" W for 150.00 feet to an intersection with the proposed north right —of —way line of said Oil Well Road and the Point of Beginning (said proposed right— of —woy line being parallel to and 150.00 feet north of, as measured at right angles from, the said existing center line of Oil Well Road); thence S 89'45'00" W along said proposed right —of —way line for 223.34 feet; thence leaving said proposed right —of —way line N 26'40'37" W for 195.00 feet; thence N 63'19'23" E for 200.00 feet; thence S 26'40'37" E for 294.40 feet to the Point of Beginning. Containing 1.124 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 89'45 "00" W for the south line of the Southeast Quarter (SE 1/4) of Section 14, Township 48 South, Range 28 East, Collier County, Florida. LEGAL, DESCRIPTION AND SIHETCH PREPARED BY Mo10M6CREED. Pq STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. Ls 068. CLIENT: COLLIER GO,/ CH2MHILL 'GI % PROJECT: OIL WELL ROAD JEFFREY Ivr. a 1 iLL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 8959 DATE: APT1L 14, 2007 \/'��/��' 0241 ARD WAY FORT '�`�' � &� PHONE: CM) 276-8876 Fax =9) 276 -7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. Ls ease INTERNET SITE: HTTPI/www.MQKIMCREED.COM October 27, 2 Page 3p o SHEET 1 OF 2 81 )09 56 69GRGIa item nj . 113B1 October 27, 2 0� Page 32 0 7 5E EXHIBIT "c" TO OIL WELL ROAD AGREEMENT LEGAL DESCRIPTION AND SKETCH PAGE40FO Temporary Construction Easement, Parcel No. 239 TOE (This is not a Field Survey) O.R. BOOK 1537 PAGE 749 • 60 0 50 SCALE 1" - 80' U, TEMPORARY \a CONSTRUCTION EASEMENT TEMPORARY \�-�� OURATION YEARS. CONSTRUCTION \� EASEMENT NO. 239 TCE \ (1 .124 ACRES) \ ao P.O.B. 223.34' \ / S 89'45'00" W �( PROPOSED RIGHT -01F -WAY LINE 3 O op O O O EXISTING RIGHT -OF -WAY LINE C" � � o !� C RO•dF'nn^ ut L17 OIL WELL RD. (C.R. 858) S 89'4500°' W 508.31' SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 14 -48 -28 P. 0. 0. CORNER OF (EXISTING CENTER LINE SE P,O,B, - POINT OF BEGINNING SECTION 14 -48 -28 OF OIL WELL ROAD) P.O.C. = POINT OF COMMENCEMENT P.1. STATION 385 +20.79 P.I. - POINT OF INTERSECTION SHEET 2 OF 2 v- '�{�K �.n /��y� 8241 ARC WAY CLIENT: COLLIER CO, / CH2MHR1 FORT MYERS, FLORIDA, 33912 Yv� N1 i�LLrll:! PHONE (2311) 276 -88 S Fax - =9) 275 7021) FLORIDA OiERTTFlCATE OF ALR}iORtZA7ION No. LB e6B8 PROJECT: OIL WELL ROAD INTURNET SRE: HT'TPJ/YyyJW.MCWMCREED.00M DATE: APi1L 14, 2007 PROJECT: Oil Well Road #60044 PARCEL: 240TCE FOLIO: Portion of 00225440005 EXHIBIT "C Agenda Item No. 16131 October 27, 2009 TO OIL WELL ROAD Page 33 of 56 AGREEMENT PAGE 5 OF B TEMPORARY CONSTRUCTION EASEMENT THIS TEMPORARY CONSTRUCTION EASEMENT, is made and entered into this day of 20 , by COLLIER LAND HOLDINGS, LTD, a Florida Limited Partnership F /K/A Collier Enterprises, Ltd., a Florida Limited Partnership, whose mailing address is 3003 Tamiami Trail North, Suite 400, Naples, Florida 34103 (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "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.) WITNESSETH: That the Grantor, for and in consideration of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary Construction Easement to enter upon the lands described as follows: SEE ATTACHED EXHIBIT "A" which is incorporated herein by reference, for the purpose of reconstructing the intersection of Oil Well Road and Grantor's farm road extending south therefrom. Except as provided below, this Temporary Construction Easement shall expire 1,095 days from the date first above written. Upon completion of the construction of the intersection improvements within the public right -of -way immediately adjacent to the Temporary Construction Easement , Grantee shall use its best efforts to restore the surface of the Temporary Construction Easement area beyond the roadways and ancillary facilities to its pre- existing condition. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK SIGNATURES CONTINUED TO NEXT PAGE AS TO GRANTOR Witness: Print Name: Witness: Print Name: STATE OF COUNTY OF Agenda Item No. 1 EXHIBIT "C" October 27, TO OIL WELL ROAD Page 34 c AGREEMENT PAGE 8 OF 8 COLLIER LAND HOLDINGS, LTD. a Florida Limited Partnership F /K/A Collier Enterprises, Ltd., a Florida Limited Partnership BY: COLLIER ENTERPRISES, INC. a Florida Corporation, General Partner By: Printed Name: Printed Title: The foregoing Temporary Construction Easement was acknowledged before me this day of , 20 , by , as of Collier Enterprises, Inc., a Florida corporation, General Partner of Collier Land Holdings, Ltd., a Florida Limited Partnership F /K/A Collier Enterprises, Ltd., a Florida Limited Partnership, on behalf of the corporation and the partnership, who: is personally known to me OR produced identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: Last Revised: 7118/08 2 proof of B1 09 56 EXHIBIT "C" TO OIL WELL ROAD AGREEMENT PAGE70FS LEGAL DESCRIPTION AND SKETCH Temporary Construction Easement, Parcel No. 240 TCE (This is not a Field Survey) TEMPORARY CONSTRUCTION EASEMENT DURATION -F YEARS. DESCRIPTION Agenda Item No. 1 B1 October 2 09 Page o756 A parcel of land lying in Section 23, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commence at the northeast corner of said Section 23; thence S 89'45'00" W along the north line of the Northeast Quarter (NE 1/4) of sold Section 23, said north line also being the existing center line of 011 Well Road (C.R. 858, 100' Right —of —Way), for 441.58 feet; thence leaving said north line S 00'15'00" E for 50.00 feet to an intersection with the existing south right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said south right —of —way line S 00'15'00" E for 325.00 feet; thence S 89'45'00" W for 280.00 feet; thence N 00'15'00" W for 325.00 feet to an intersection with the aforesaid south right —of —way line of Oil Well Road; thence along said south right —of —way line N 89'45'00" E for 280.00 feet to the Point of Beginning. Containing 2.089 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 89'45 "00" W for the south line of the Southeast Quarter (SE 1/4) of Section 14, Township 48 South, Range 28 East, Collier County, Florida. LEGAL DESCRIPTION AND SKETCH PREPARED HV MoKIM&OREEO, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LS 8685, JEFFREY STATE Of CLIENT: DOWER CO. /CHWHILL I PROJECT. OIL WELL ROAD 8380 I DATE: APRIL 14, 2007 tyo � ` � � �+� A �.�i MD PHONE: (239) 278.8878 F=: (239) FLORID, 76 -7020 v FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 0688 INTERNET SRE HrrPJNJwW.MOKIMCREED.00M SHEET 1 OF 2 .',' %�'• °� red �?• � y �^ r , I I ad47.a EXHIBIT "C" TO OIL WELL ROAD AGREEMENT PAGE 8 OF 8 LEGAL DESCRIPTION AND SKETCH Temporary Construction Easement, Parcel No. 240 TOE (This is not a Field Survey) N NOT TO SCALE NORTH LINE OF THE P,O,C, NORTHEAST QUARTER NE CORNER OF OF SEC71ON 23 -48 -28 SECTION 23 -48 -28 (EXISTING CENTER LINE P.I. STATION 385 +20.79 OF OIL WELL ROAD) 441.58' OIL WELL RD. (C.R. 858) S 89'45'0 P.O.B. = POINT OF BEGINNING O.R. BOOK 2733 P.O.C. = POINT OF COMMENCEMENT PAGE 951 P.I. = POINT OF INTERSECTION Agenda Item October Page SHEET 2 OF 2 /'{� r 8241 ARC WAY CLIENT: COLDER OO, J CH2MHILL V FORT MYEiS, FLORI 93812 l�i�i�.il•iIL:JJ PHONE (238) 276 -BB76 Fex: (230) 275 -7028 PROJECT: OIL WELL ROAD FLORIDA CERTIFICATE OF ALITHORIZAMON N, LB B5B6 INTERNET BITE: HTTPJANW W.MOIOMOREED.COM DATE: APRIL 14, 2007 l [31 ,2)09 i o 56 S 89'45'00" W r w O 00 o O n O LO O LO fi Io O Ln EXISTING RIGHT -OF -WAY LINE N 89'45'00" E 280.00' TEMPORARY P.O.B. I CONSTRUCTION EASEMENT I S I DURATION YEARS. 1-0 C __3 __ N � ILO N TEMPORARY CONSTRUCTION I EASEMENT I NO, 240 TCE I (2.0891 ACRES) 3 w of ° I °o !) 0 0 I 1^ 0 0 zI �In I S 89-45'00" W _ 280.00' _ I J P.O.B. = POINT OF BEGINNING O.R. BOOK 2733 P.O.C. = POINT OF COMMENCEMENT PAGE 951 P.I. = POINT OF INTERSECTION Agenda Item October Page SHEET 2 OF 2 /'{� r 8241 ARC WAY CLIENT: COLDER OO, J CH2MHILL V FORT MYEiS, FLORI 93812 l�i�i�.il•iIL:JJ PHONE (238) 276 -BB76 Fex: (230) 275 -7028 PROJECT: OIL WELL ROAD FLORIDA CERTIFICATE OF ALITHORIZAMON N, LB B5B6 INTERNET BITE: HTTPJANW W.MOIOMOREED.COM DATE: APRIL 14, 2007 l [31 ,2)09 i o 56 PROJECT: Oil Well Road #60044 PARCEL(S) /FOLIO NO(S): 238TDRE1 /Portion of 00225400003 238TORE2 /Portion of 00225400003 240TDRE1 /Portion of 00225440005 240TDRE2 /Portion of 00225440005 240TDRE3 /Portion of 00225440005 Agenda Item No. 16131 EXHIBIT "D" October 27, 2009 TO OIL WELL ROAD Page 37 of 56 AGREEMENT PAGE 1 OF 7 TEMPORARY DRIVEWAY RESTORATION EASEMENT THIS EASEMENT, is made and entered into this day of 20 , by COLLIER LAND HOLDINGS, LTD., a Florida Limited Partnership F /K/A Collier Enterprises, Ltd., a Florida Limited Partnership, whose mailing address is 3003 Tamiami Trail North, Suite 400, Naples, Florida 34103 (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "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.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary Driveway Restoration Easement (hereinafter referred to as the "TDRE ") to enter upon the lands described as follows (the "Easement Area "): See attached Exhibit "A ", which is incorporated herein by reference. THIS IS NOT HOMESTEAD PROPERTY The Easement Area shall be used by Grantee for the purpose of filling, grading and placing concrete, asphalt or rock, on the Grantor's lands for the purpose(s) of constructing, with materials of like kind, a driveway/turnout and /or to provide for continuous transition between the existing driveway and the newly constructed road, sidewalk, and drainage improvements to /for Oil Well Road Project. This easement includes the right to remove and use any and all excavated material. This TDRE shall commence upon its recording in the Public Records of Collier County, Florida, and shall expire three years from the date of recording. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK SIGNATURES CONTINUED TO NEXT PAGE Agenda Item No. 16B1 EXHIBIT "D" October 27, 2009 TO OIL WELL ROAD page 38 of 56 AGREEMENT PAGE 2 OF 7 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. AS TO GRANTOR: Witness: COLLIER LAND HOLDINGS, LTD. a Florida Limited Partnership F /K/A Collier Enterprises, Ltd., a Florida Limited Partnership BY: COLLIER ENTERPRISES, INC. a Florida Corporation, General Partner Print Name: By: Printed Nam Printed Title: Witness: Print Name: STATE OF _ COUNTY OF The foregoing Temporary Driveway Restoration Easement was acknowledged before me this day of 20 by , as of Collier Enterprises, Inc., a Florida corporation, General Partner of Collier Land Holdings, Ltd., a Florida Limited Partnership FWA Collier Enterprises, Ltd., a Florida Limited Partnership, on behalf of the corporation and the partnership, who: is personally known to me OR produced as proof of identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: Last Revised: 2/01/07 Agenda Item No. 1 B1 October � 2009 Page o 56 EXHIBIT "D" TO OIL WELL ROAD AGREEMENT LEGAL DESCRIPTION AND SKETCH PAGE 3 OF T Temporary Driveway Restoration Easement Parcel No. 238 TDRE1 (This is not a Field Survey) DESCRIPTION A parcel of land lying In Section 22, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 22; thence N 89'44'36" E along the north line of the Northwest Quarter (NW 1/4) of said Section 22, said north line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 416.76 feet; thence leaving said north line S 00'15'24" E for 50.00 feet to an intersection with the existing south right —of —way line of said Oil Well Rood and the Point of Beginning; thence leaving said south right —of —way line S DO'15'24" E for 25.00 feet; thence N 89'44'36" E for 52.00 feet; thence N 00'15'24" W for 25.00 feet to an Intersection with the aforesaid south right —of —way line of Oil Well Road; thence along said south right —of —way line S 89'44'36" W for 52,00 feet to the Point of Beginning, Containing 1,300 square feet, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'44'36" E for the north line of the Northwest Quarter (NW 1/4) of Section 22, Township 48 South, Range 28 East, Collier County, Florida. P.O.C. NW CORNER OF NORTH LINE OF THE SECTION 22 -48 -28 NORTHWEST QUARTER I OF SECTION 22 -48 -28 J 416.75' 111 N 89'44'36" E OIL WELL RD. (C.R. 858) i uJ N 89'44'36" E F on °o I S 89'44'36" W o U) o 52.00' LO o� V) EXISTING RIGHT -OF -WAY LINE _.T P.O. B. N 89'44'36" E ~ I N 00'15'24" W N 89'44'36" E 25.00' S 00'15'24" E 52.00' 25.00' TEMPORARY DRIVEWAY NOT TO SCALE O,R. BOOK 2733 RESTORATION EASEMENT PAGE 951 NO. 238 TDRE1 (1,300:t SQUARE FEET) P.O.B. = POINT OF BEGINNING TEMPORARY DRIVEWAY P.O.C. = POINT OF COMMENCEMENT RESTORAMON EASEMENT R/W = RIGHT OF WAY (OLWT!0N. 3 YEARS 1` SHEET 1 OF 1 LEGAL DESCRIPTION AND SKETCH PREPARED By MWOM6CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION N0. LB 6566, CLIENT: COWER CO, / CH2MHILL _ e, Q/ PROJECT: OIL WELL ROAD JEFFREY M. TILL - PROFESSIONAL SURVEYOR AND MAPPER DATE: APTIL94,2007 �Um, �i.�"'• y STATE OF FLORIDA REGISTRATION LICENSE No. LS 6369 �.,,_ 0241 FLORIDA ARO WAY VV [V1.IL1�A1 FORT MYERS, LOR, 33912 PHONE: (2 9) 276 8675 Fax: (239) 276-7029 ` `✓ FLORIDA CERTIFICATE OF AUTHORIZATION No. LEI am INTERNET SITE: HTTP:/MhMN.MCKIMCREED.COM Agenda Item t October Page EXHIBIT "D" TO OIL WELL ROAD AGREEMENT LEGAL DESCRIPTION AND SKETCH PAGE 40F 7 Temporary Driveway Restoration Easement Parcel No. 238 TDRE2 (This is not a Field Survey) DESCRIPTION A parcel of land lying in Section 22, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 22; thence N 89'44'36" E along the north line of the Northwest Quarter (NW 1/4) of said Section 22, said north line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 1625.94 feet; thence leaving sold north line S 00'15'24" E for 50.00 feet to an intersection with the existing south right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said south right— of —woy line S 00'15'24" E for 30.00 feet; thence N 89'44'36" E for 64.00 feet; thence N 00'75'24" W for 30.00 feet to on intersection with the aforesaid south right —of —way line of Oil Well Road; thence along said south right —of —way line S 89'44'36" W for 64.00 feet to the Point of Beginning. Containing 1,920 square feet, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'44'36" E for the north line of the Northwest Quarter (NW 1/4) of Section 22, Township 48 South, Range 28 East, Collier County, Florida. P.O.C. NW CORNER OF SECTION 22 -48 -28 NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 22 -48 -28 1625.94' N 6944'36° E OIL WELL RD. (C.R. 858) Lu N 89'44'36" E C) b o `~ S 89'44'36" W � o i o 64.00' -- V y EXISTING RIGHT —OF —WAY LINE P.O.B. I I N 89'44'36" E I I _ _ N 00'15'24" W L — — — — — J 30.00' S 00'15'24" E N 89'44'36" E 30.00' 64.00' NOT TO SCALE O.R. BOOK 2733 TEMPORARY DRIVEWAY PAGE 951 RESTORATION EASEMENT P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT NO. 238 C1 ,920t SQUAARE RE FEET) R/W = RIGHT CF WAY TEMPORARY DRIVEWAY RESTORATION EASEMENT (DUfWi'ON: 3 YEARS SHEEP' 1 OF 1 LEGAL DESCRIPTION AND SF¢TCH PREPARED By MoIOMb,CREED, PA STATE OF FLORIDA CERTIFICATE OF ALTTHORIZAMON No. LB 8586. CLIENT: COWER CO. / CH2M4LL PROJECT: OIL WELL ROAD JEFFREY M. STILL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REOISTRATON LICENSE No. LS 6388 DATE: APT1L 14, 2007 V * /P�� (�/�7<17TR* 6241 DA, WAY ' V l�/r`1�jjyj l`�K�M- �LM.tIL1 FORT MYERS, FLORIDA, 33012r PHONE: (239) 276.8875 F": (239) 276 -7029 FLORIDA CERTIFICATE OFAUTHiCRIZATION No. LB 8586 INTERNET SITE: HTTP:1NVWw.MCKIMCREED.COM k ti; ' ua 16131 ( Agenda Item Nc October 2 Page 4 EXHIBIT "D" TO OIL WELL ROAD AGREEMENT LEGAL DESCRIPTION AND SKETCH PAGE S OF 7 Temporary Driveway Restoration Easement Parcel No. 240 TDRE1 (This is not a Field Survey) DESCRIPTION A parcel of land lying in Section 23, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 23; thence N 89'44'36" E along the north line of the Northwest Quarter (NW 1/4) of said Section 23, said north line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 1051.34 feet; thence leaving said north line S 00'15'24" E for 50.00 feet to an intersection with the existing south right —of —way line of sold Oil Well Road and the Point of Beginning; thence leaving said south right —of —way line S 00'15'24" E for 24.00 feet; thence N 89'44'36" E for 53.00 feet; thence N 00'15'24" W for 24.00 feet to an intersection with the aforesaid south right —of —way line of Oil Well Road; thence along said south right —of —way line S 89'44'36" W for 53.00 feet to the Point of Beginning. Containing 1,272 square feet, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'44'36" E for the north line of the Northwest Quarter (NW 1/4) of Section 23, Township 48 South, Range 28 East, Collier County, Florida. P.O.C. NW CORNER OF SECTION 23 -48 -28 1051.34' N 89'44'36" E TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATIOFI: S YEARS- NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 23 -48 -28 OIL WELL RD. (C.R. 858) N 89'44'36" E io 00 U') S 89'44'36" W 1° o I 53.00' I°n o / 1 Cn EXISTING RIGHT -OF -WAY LINE P.O.B. �1 I N 89'44'36" E _ I I N t-. — _ _ , _ - N 00'15'24" W N 89'44'36" E 24.00' S 00'15'24" E 53.00' 24.00' TEMPORARY DRIVEWAY NOT TO SCALE O.R. BOOK 2733 RESTORATION EASEMENT PAGE 951 NO. 240 TDRE1 P.O.B. a POINT OF BEGINNING (1,272± SQUARE FEET) P.O.C. s POINT OF COMMENCEMENT R/W = RIGHT OF WAY LEGAL DESCRIPTION AND SKETCH PREPARED By MOMMILCREED PA STATE OF FLORIDA CERTIFICATE OF AUTHOR2AT10N No. LB 8888. CLIENT; COLLIER CO. / CH2MHILL PROJECT: OIL WELL ROAD JEFFREY M. STILL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 8389 DATE: APTIL 14, 2007 1\ /f't� &� 8241 ARC WAY �i��i J,r,�! FORT MYERS, FLORIDA, 33912 FLORIDA CERTIFICATE OF AUTHOR ZKnONN No. LB 8808 INTERNET WE KrrP:1NJW W.MCWMCREED.COM SHEET 1 OF 1 '`F °,,ir •"'i c`p:' 11171 . t 5r rr 16131 Agenda Item No, 1 B1 October 27, 2 09 Page 42 o 56 EXHIBIT "D" TO OIL WELL ROAD AGREEMENT LEGAL DESCRIPTION AND SKETCH PAGE OF 7 Temporary Driveway Restoration Easement Parcel No. 240 TDRE2 (This is not a Field Survey) DESCRIPTION A parcel of land lying in Section 23, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 23; thence N 89'44'36" E along the north line of the Northwest Quarter (NW 1/4) of said Section 23, said north line also being the existing center line of Oil Well Road (C.R. 858, 100' Right –of –Way), for 2016.83 feet; thence leaving said north line Sght–of? way I nae of 50.00 aidf Oil WellaRoadeand tthe Po ntt of Beginning; sotuth hence leaving said south right –of –way line S 00'15'24" E for 20.00 feet; thence N 89'44'36" E for 55.00 feet; thence N 00'15'24" W for 20.00 feet to on intersection with the aforesaid south right –of –way line of Oil Well Road; thence along said south right –of –way line S 89'44'36" W for 55.00 feet to the Point of Beginning. Containing 1,100 square feet, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'44'36" E for the north line of the Northwest Quarter (NW 1/4) of Section 23, Township 48 South, Range 28 East, Collier County, Florida. P.O.C. NW CORNER OF NORTH LINE OF THE SECTION 23 -48 -28 NORTHWEST QUARTER OF SECTION 23 -48 -28 2016.83' N 89'44'36" E OIL WELL RD. (C.R. 858) 1 Lu N 89'44'36" E o `r 0 0 -N S 89'44'36" W LO o j 55.00' l°n — o V) EXISTING RIGHT –OF –WAY LINE P.O.B. 1X1 I N 89'44'36" E �L---- - -J�\ N 0015'24" W N 89'44'36 E 20.00' S 00'15'24" E 55.00' 20.00' TEMPORARY DRIVEWAY NOT TO SCALE O.R. BOOK 2733 RESTORATION EASEMENT PAGE 951 NO. 240 TDRE2 P.0.8. = POINT OF BEGINNING (1 , 1 00± SQUARE FEET) P.O.C. = POINT OF COMMENCEMENT TEMPORARYDRNEWAY R/W = RIGHT OF WAY RESTORATION EASEMENT (DURATION: 3 YEARS. LEGAL DESCRIPTION AND SKETCH PREPARED BY MoKIM&oREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. LB 658e. JEFFREY M. SffLL - PROFESSIONAL SURVEYOR ANO MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 6388 CLIENT: COLLIER CO. J CH2MHILL PROJECT: OIL WELL ROAD DATE: APTIL 14, 2007 �j T 6241 ARC WAY 0j N r\* &hKW✓ FORT MYERS, FLORIDA, 38812 PHONE FLORIDA CERnFICATE OF AUTHORIZATION 276-8878 3NO LB 6666 INTERNET SITE: HTTP;jt VYVW,MCKIMCREED.00M SHEET 1 OF -I i Agenda Item No; 1 B1 October 2712009 Page 43 of 56 EXHIBIT "D" TO OIL WELL ROAD AGREEMENT LEGAL DESCRIPTION AND SKETCH PAGE 7 OF 7 Temporary Driveway Restoration Easement Parcel No. 240 TDRE3 (This is not a Field Survey) DESCRIPTION A parcel of land lying in Section 23, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 23; thence N 89'44'36" E along the north line of the Northwest Quarter (NW 1/4) of said Section 23, said north line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of -Way), for 2254.95 feet; thence leaving said north line S 00'1524" E for 50.00 feet to an intersection with the existing south right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said south right —of —way line S 00'15'24" E for 24.00 feet; thence N 89'44'36" E for 82.00 feet; thence N 00'15'24" W for 24.00 feet to an intersection with the aforesaid south right —of —way line of Oil Well Road; thence along said south right —of —way line S 89'44'36" W for 82.00 feet to the Point of Beginning. Containing 1,968 square feet, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'44'36" E for the north line of the Northwest Quarter (NW 1/4) of Section 23, Township 48 South, Range 28 East, Collier County, Florida. P.O.C. NW CORNER OF SECTION 23 -45 -28 2254.95' N 89'44'36" E NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 23 -4B -28 OIL WELL RD. (C,R, 858) 1 4 N 89'44'36" E o °o I LO 5 89'44'36" W b o I o / in 82.00' .� V) %! EXISTING RIGHT -OF -WAY LINE P.O.B. 1 I N 89'44'36" E L----- - - - -_J N 00'15'24" W N 89'44'36" E 24.00' S 00'15'24" E 82.00' 24.00' JEFFREY PROFESSIONAL SURVEYOR AND MAPPER TEMPORARY DRIVEWAY NOT TO SCALE O.R. BOOK 2733 RESTORATION EASEMENT PAGE 951 NO. 240 TDRE3 POINT OF BEGINNING (1.968t SQUARE FEET) P.O.C. POINT OF COMMENCEMENT TEMPORARY DRIVEWAY R/W =RIGHT OF WAY RESTORATION EASEMENT ARC WAY (DtJ"T!gt 3 YEARS. SHEET 1 OF 1 LEGAL DESCRIPTION AND SKETCH PREPARED BY MOKIM&CREED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 8505. CUENr: COLLIER CO. / CH2MHILL PROJECT: OIL WELL ROAD JEFFREY PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No, LS SSSD DATE: APTIL 14, 2007 'A [�,CREE .� ARC WAY VV IOM l�/ �1 Ur hihCWH IL—IJ IL /1 FORT MYERS, LOR 33872 FLORIDA, PHONE .8070 J 1 ' OF FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 000& AMOK No.L W88 ... INTERNET SITE: HTTP ://WWW,MCKIMCREED.COM "�:,.�'.• Agenda Item No. 16B1 October 27, 2009 EXHIBIT E Page 44 of 56 Page _ -3 RESOLUTION NO. 01. 2 4 7 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING THE POLICY FOR ACCESS MANAGEMENT FOR ARTERIAL AND COLLECTOR ROADWAYS IN COLLIER COUNTY WHEREAS, Collier County is the second fastest growing metropolitan area in the United States; and WIIEREAS, with this growth is an increase in both traffic volumes and accessibility to the county roadway system; and WHEREAS, Collier County has adopted a Growth Management Plan pursuant to the requirements of Section 163.3161 et. seq., Florida Statutes, which Plan, under Policy 7.1 of the Traffic Circulation Elements, mandates that a policy be adopted for access management of the roadways of Collier County; and WHEREAS, access to arterial and collector roadways must be planned and controlled so that the safety, capacity and operating conditions of the roadways will not he adversely impacted; and WHEREAS, Collier County has adopted by resolutions the specific designation for Livingston Road and Collier Boulevard (CR 95 1) as controlled and limited access facilities. NOW, THERFORE, BE IT RESOLVED 13Y THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT the Access Control Policy as contained in Resolution No. 92 -442 as adopted on August 18, 1992, is rescinded and replaced as contained in the attached Exhibit "A ", Pages 1 through /,&, inclusive, and hereby adopted and this policy shall be implemented on adoption of this Resolution. BE IT FURTHER RESOLVED that the appropriate staff of the Transportation Services Division, with concurrence of the appropriate staff of the Development Services Division, are hereby directed to apply this Policy in the development of roadway improvement projects and review and permitting of all development projects. This Resolution adopted after motion, second, and majority vote. DATED: �� 2 G, 2-*0 / ATTEST: BOARD OF COUNTY COMMISSSIONERS .'V#fg4w cl , CLERK COLLIER COUNTY, FLORIDA By; rto �. .[� �.GL��G a Fly; — Attest as to Chairman ' s Jame. D. ci, 1110., (-hainnan sigature Only. Approved as to form and legal sufficiency: acquel�pe Hubbard Robinson t tier .ounty AtlorncN Agenda Item No. 1681 October 27, 2009 EXHIBIT E_ Page 45 of 56 Paw L-Of 13 EXHIBIT "A" A POLICY ESTABLISHING THE COLLIER COUNTY ACCESS MANAGEMENT SYSTEM FOR ARTERIAL AND COLLECTOR ROADWAYS SECTION ONE: PURPOSE This Policy replaces that established by Resolution No 92-442 for the access classification system and standards to implement regulation and control of vehicular ingress to, and egress from, arterial and collector roadways. The implementation of the classification system and standards is intended to protect public safety and general welfare, provide for mobility of people and goods, and preserve the functional integrity and capacity of arterial and collector roadways. To the extent that Collier County has jurisdiction to do so, all limited - access, controlled access, arterial and collector roadway facilities shall be assigned an access classification and access standard. These standards shall be the basis for developing access management plans for county roadway improvements and modifications, and for roadway or driveway connection permitting. SECTION TWO: DEFINITIONS 2,01 Arterial - A signalized roadway that serves primarily through traffic and secondarily abutting properties and that generally has signal spacing of two miles or less 2.02 Classes - categories of arterials primarily grouped by signal density. 2.03 Collector - A street providing land access and traffic circulation service to a residential, commercial or industrial area. Secondarily provides for local through traffic. 2.04 Connection - a driveway, street, turnout or other means of providing for the right of physical access to or from a public roadway. For the purposes of this resolution, two one -way connections to a property may constitute a single connection. 205 Connection Spacing - the allowable distance between connections, measured from the closest edge of pavement of the first connection to the closest edge of pavement of the second connection, exclusive of radii, along the edge of the traveled way. 2.06 Controlled Access - means access, median openings, and traffic signals are highly regulated. 2.07 Corner Clearance - distance from and intersection of a driveway or street connection and a limited- access, controlled access, arterial or collector facility. This distance is measured from the closest edge of pavement of the connection, measured along the traveled way. The closest edge of pavement shall be with existing lanes or future lanes, including rum and merge lanes, where a roadway segment is pact of an adopted five -year plan 2.08 Directional Median Opening - an opening in a median that is restrictive to movements made from or to the major roadway including the limitation of left -turn in, left-tum out, no U -turn, U -turn only, or combination of the above. 2.09 Division - the Transportation Services Division of Collier County administered by the Transportation Administrator or his/her duly authorized representative 2.10 Full Median Opening - a median opening designed to allow for all movements to and from a major roadway. U -turns may be prohibited at full median openings. 2.11 Intersection - an at -grade connection or crossing of local, collector, arterial, controlled access or limited access roadways that may be either public or private. 2 -12 Medians - areas, preferably at least ten feet wide, painted, raised or grassed, that separate opposing - direction, mid -block traffic lanes and that, on arterials, contain turn lanes that allow left tuning vehicles to exit from the through lanes. 2.11 Median Opening Spacing - the allowable spacing between openings in a median to allow for crossing of opposing lanes of traffic to access other roadway facilities, property access or provide for U -turn movements. The spacing distance shall be measured from centerline to centerline of openings along the traveled way. Page 1 of7 At da Item No. 16131 EXHIBIT October 27, 2009 page Hof_ 13 Page 46 of 56 2 14 Permitting Authority - Project Review Services of the Development Services Division or other duly designated authority of Collier County with all provisions of this Resolution as it applies to connection and its attendant perm tting process, being reviewed and approved by the Transportation Services Division of Colter County. 2.15 Reasonable Access - the number of direct or indirect connections necessary to provide ingress and egress to the limited access, controlled access, arterial or collector facilities from abutting properties and local roadways based on the Access Management standards, roadway operations and type and intensity of land use. The applicant may submit site- specific information that the applicant deems pertinent to the Permitting Authority's review of proposed connection permit application. 2.16 Service Road - a public or private street or roadway, auxiliary to, and normally, but not required to be, parallel to a controlled or limited access facility, which has a primary purpose to maintain local road continuity, provision of access to adjacent parcels or development and m nirnizing the number of connections to a limited or controlled access facility while maintain property access rights 2.17 Signal Spacing - the allowable spacing between adjacent traffic signals on limited access, controlled access, arterial and collector facilities as measured from centerline to centerline of the signalized intersections along the traveled way 2.18 Significant Change - a change in the use of the property, including land, structures or facilities, or an expansion of the size of the existing structures or facilities which will cause at least a 25 % increase in additional new trips, either peak hour or daily, entering or exiting the site or which is projected to exceed 100 trips per day more than the existing use, whichever is less. The number of trips shall be determined using the most current edition of the "Trip Generation Manual" of the Institute of Trarsportatiun Engineers Where such additional traffic is proposed or projected, the property owner shall contact the Permitting Authority to determ ne if a new permit application or modification to an existing perm t shall be required. If the Permitting Authority determines that the increased traffic generated by the change in use does not require modifications to the existing perm t or existing access connection, a new permit application shall not be required. 2.19 Traveled Way - the portion of the roadway for the movement of vehicles, exclusive of shoulders. 2 20 Turn Lane - that portion of the roadway dedicated to the turning movement (left -, right -, or U- tuming) of vehicular traffic onto or off of the through traffic lanes to adjacent streets or developments. A turn lane must be long enough to accommodate enough turning vehicles to allow the free flow of the through traffic. SECTION THREE: CONNECTION PERMIT REOUIREMENTS 3.01 Connection permit applications on all public roadway facilities shall be reviewed in accordance with the requirements of Ordinance 82 -91, as amended or superseded (Collier County Construction Standards for Work Within Rights -of -Way) and this Policy. Access classifications and design standards are shown in Table I and are further defined and described in Section Four of this Policy. 3.02 Existing permitted connections, existing median openings are not required to meet the standards of the assigned classification. Such features shall generally be allowed to remain in place unless for safety, operation or protection of the roadway capacity deemed necessary to modify or close by Corner County These features shall he brought into reasonable conformance when new connection permits arc granted, following significant changes in property use, or as changes to the roadway design occur. 3.03 A property that cannot be permitted access consistent with the standards for the classification assigned to that particular roadway segment and which has no other means of reasonable direct or indirect access as determined pursuant to the connection permit process, shall be issued a Page 2 of 7 Agenda Item No. 16131 EXHIBIT Page 47 of a6 Page 4 af�._.. conforming permit by the Permitting Authority for a single connection pursuant to this Policy. If additional connections arc requested and approved, they shall be considered non - conforming and shall contain restrictions and/or removal provisions. 3.04 Access class standards represent desirable requirements for each access class. As segments of roadways are analyzed and connection permits are applied for, the ultimate goal is to exceed these standards thereby providing for the preservation of the capacity, safety and general welfare of the traveling public. 3.05 The connection and median opening spacing standards specified in this policy may not be adequate in some cases. Greater distances between connections and median openings may be required by the Permitting Authority to provide sufficient location specific traffic operations and safety requirements. In such instances, the Permitting Authority shall document, as part of the response to an application submitted pursuant to this Policy, a justification based on traffic engineering principles, as to why such greater distances are required. 3.06 When a full median opening is constructed or reconstructed to allow for opposing left turns or U- turns only, these openings shall be considered as one opening. 3 07 Adjacent properties under the same ownership shall not be considered as separate properties for the purpose of applying the standards associated with the access class of the adjacent roadway segment, but shall be deemed to be one parcel. Applicants requesting connections for one or more adjacent properties under the same ownership may, however, as part of the permit application process, request that the properties be considered individually for connection permitting purposes. Such requests shall be included in the permit application and shall provide specific analyses and justification of potential capacity decrease, safety and operational hazards associated with the compatibility of the volume, type, or characteristics of the traffic using the connection. Such properties and single ownership properties with frontage exceeding the standards of the assigned class may not be allowed, pursuant to the permit application process in this Policy, the maximum number of connections, median openings or signals based on the spacing standards. The total number of connections allowed will be the minimum necessary to provide reasonable access. Leasehold interests existing prior to the effective date of this Policy or a bonsfide contract for sale may be considered as separate ownership from the parent tract for the purpose of this Policy. Such leasehold interests or contracts may not, however, be the sole criteria for dctemuning separate ownership for purpose of implementation of this policy. 308 The speed criteria referred to in Table 1, Access Classification and Standards, means the posted speed limited for the roadway segment either existing or the established design posted speed limit for facilities identified for improvement or not yet in existence. 3.09 Comer clearances for connections shall meet or exceed the connection spacing requirements for Classifications 2 through 7. However, a single connection may be placed closer to the intersection for the circumstances set forth in Sections 3 09.1, 3.09.2 and 3.09.3 following and pursuant to the permit application process of this Policy. 3.09.1 If, due to property size, corner clearance standards of this Policy cannot be met, and where joint access which meets or exceeds die applicable comer clearance standards cannot be obtained with a neighboring property, or, in the determination of the Permitting Authority, is not feasible based on conflicting land use or conflicting traffic volumeslcharactcristics, then corner clearance measurements in Table 2 may be used to permit connections. Such properties, for the purpose of this Policy, are called "isolated corner properties ". 3 09.2 In cases where connections are permitted under criteria specified in Table 2, following, the permit shall contain the following additional conditions: 3.09.2.1 There shall be no more than one connection per road frontage. 3 09.2 2 Where joint or alternate access meets or exceeds the applicable comer clearance becomes available, the permittee shall close the pemutted connection, unless the permitter can then show, by presentation of competent evidence, that such closure is not feasible because of conflicting land Page 3 of 7 Agenda Item No. 16131 EXHIBIT obee 7, 0006 page �or I use, conflicting traffic volumes /characteristics, or existing structures preclude a change in the existing connection. 3.09.3 The comer clearance measurements for the isolated corner properties set forth in Section 3.09 1 above, shall be as defined in this section, Classes 3 through 8, inclusive. 3.09.4 Comer clearances for "isolated comer properties" are as follows: Table 2 orner Clearance at Intersections 3.10 Connections and median openings located within the '/. mile from the limited- access interchange (includes the entire limited- access right -of -way frontage) shall be regulated consistent with the requirements of the Rules of the Department of Transportation, Chapter 14 -97, State Highway System Access Management Classification System Standards, Florida Department of Transportation, as may be amended, and on controlled access and arterial roads within the first '/i or 'G mile, respectively, or fast existing intersection whichever distance is less, shall be regulated to protect the safety and operational efficiency of the limited access facility. 3.10.1 The distance to the first connection shall be at least 660 feet where the posted speed limit is greater than 45 mph, and shall be at least 440 feet where the posted speed limit is 45 mph or less. This distance will be measured from the end of the taper for that particular quadrant of the interchange on the arterial facility. A single connection per property not meeting this connection spacing may be provided, pursuant to the connection permit process, if no reasonable access to the property exists and if the Permitting Authority review of the connection permit application provided by the applicant determines that the connection does not create a safety, operational, or weaving hazard In such cases, application for more than a single connection shall be examined as non - conforming connections. 3.10.2 The distance to the first median opening shalt be at least 1320 feet as measured from the end of taper of the egress ramp. 3.10.3 Connections and median openings mcchng spacing standards may not be permitted in the location requested in the perm t application if the Permitting Authority determines, based on traffic engineering principles, the engineering and traffic information provided in the permit application shows that the capacity, safery, or operation characteristics of the interchange or the limited access highway or roadway would be adversely affected 3.11 locations for proposed signah2ation meeting signal warrants which are at intervals closer than the standard for the access class for the roadway segment shall be considered by the Permitting Authority, but may only be approved where the need for such signals is clearly demonstrated for the safety and operational characteristics of the roadway based on Permitting Authority Review of I traffic and signal information provided by the applicant in fhe connection permit application. Page 4 of 7 WITH MEDIAN Position Access Allowed Standard (Feed Code' Approaching intersection Right In/Out 115 A Approaching intersection Right In Only 752 B Departing Intersection Right In /Out 230(125) C Departing Intersection Right Out Only 100 D WITHOUT MEDIAN Position Access Allowed Standard Pet Code' Approaching intersection Full Access 230(125) C Approaching intersection Right In Only 100 D Departing Intersection Full Access 230(125); C Departing Intersection Right Out Only` 1002 E — Refer to Figure 1 2 — Subject to case -by -case analysis; may be increased depending on traffic characteristics and intersection geometry. I — Access Class 7 may use the measurement in parenthesis. 4- Connection by design will effectively eliminate unpermitted movements. 3.10 Connections and median openings located within the '/. mile from the limited- access interchange (includes the entire limited- access right -of -way frontage) shall be regulated consistent with the requirements of the Rules of the Department of Transportation, Chapter 14 -97, State Highway System Access Management Classification System Standards, Florida Department of Transportation, as may be amended, and on controlled access and arterial roads within the first '/i or 'G mile, respectively, or fast existing intersection whichever distance is less, shall be regulated to protect the safety and operational efficiency of the limited access facility. 3.10.1 The distance to the first connection shall be at least 660 feet where the posted speed limit is greater than 45 mph, and shall be at least 440 feet where the posted speed limit is 45 mph or less. This distance will be measured from the end of the taper for that particular quadrant of the interchange on the arterial facility. A single connection per property not meeting this connection spacing may be provided, pursuant to the connection permit process, if no reasonable access to the property exists and if the Permitting Authority review of the connection permit application provided by the applicant determines that the connection does not create a safety, operational, or weaving hazard In such cases, application for more than a single connection shall be examined as non - conforming connections. 3.10.2 The distance to the first median opening shalt be at least 1320 feet as measured from the end of taper of the egress ramp. 3.10.3 Connections and median openings mcchng spacing standards may not be permitted in the location requested in the perm t application if the Permitting Authority determines, based on traffic engineering principles, the engineering and traffic information provided in the permit application shows that the capacity, safery, or operation characteristics of the interchange or the limited access highway or roadway would be adversely affected 3.11 locations for proposed signah2ation meeting signal warrants which are at intervals closer than the standard for the access class for the roadway segment shall be considered by the Permitting Authority, but may only be approved where the need for such signals is clearly demonstrated for the safety and operational characteristics of the roadway based on Permitting Authority Review of I traffic and signal information provided by the applicant in fhe connection permit application. Page 4 of 7 Agenda Item No. 1561 October 27, 2009 EXHIBIT 49 of 56 page __..a ._. 3 SECTION FOUR- ACCESS CLASS DESCRIPTIONS AND STANDARDS 4.01 The access classification system and standards are shown in Table 1. The Access Management Classifications are arranged from the most restrictive (Class l) to the least restrictive (Class 7) The standards for each class are differentiated where the posted speed limit is greater or equal to 45 mph as distinguished from where the posted speed limit is less than 45 mph. The general description for Access Management Classifications I through 7 for county roadways is as follows: 4.01 .1 Access Class 1, Limited Access Roadways. These highways do not provide direct property connections Roadways in this class provide for efficient and safe high speed and high volume traffic movements, serving interstate, interregional, intercity, and to a lesser degree, intracity travel needs- 401.2 Access Class 2, Controlled Access Roadways. These are highly controlled access facilities distinguished by the ability to serve high speed and high volume traffic over tong distances in a safe and efficient manner. These roadways are distinguished by a system of existing or planned service roads or other lower class roadway connections to provide for localized access. 4 01 3 Access Class 3, Arterials, divided. These facilities are controlled access facilities where direct access to abutting land will be controlled to maximize the operation of the through traffic movement. This class will be used where existing land uses and roadway sections have not completely built out to the maximum land use or roadway capacity or where the probability of significant land use change in the near future is high. These roadways will be distinguished by existing or planned median restrictions and maximum distance between traffic signals and driveway connections. 4.01.4 Access Class 4, Arterials, undivided. These facilities are controlled access facilities where direct access to abutting land will be controlled to maximize the operation of the through traffic movement. This class will be used where existing land uses and roadway sections have not completely built out to the maximum land use or roadway capacity or where the probability of significant land use change in the near future is high. These roadways will be distinguished by existing or planned non - restrictive median treatments or no median treatments. 4.01 5 Access Class 5, Arterials, divided. This class will be used where existing land uses and roadway sections have been built out to a greater extent than those roadway segments classified as Access Class 3 and 4 and where the probability of major land use change is not as high as those roadway segments classified as Class 3 and 4 These roadways will be distinguished by existing or planned median restrictions. 4.01.6 Access Class 6, Arterials, undivided. This class will be used where existing land uses and roadway sections have been built out to a greater extent than those roadway segments classified as Access Class 3 and 4 and where the probability of major land use change is not as high as those roadway segments classified as Class 3 and 4. These roadways will be distinguished by existing or planned non - restrictive median treatments or no median treatments. 4.01.7 Access Class 7, Arterials, divided and undivided. This class shall only be used in urbanized areas where existing land use and roadway sections are built out to the maximum intensity and where significant land use or road widening will be limited. This class shall be assigned where there is little intended purpose of providing for high -speed travel. These roadways can have restrictive, non - restrictive or no median treatments. SECTION FIVE: ASSIGNMENT OF AN ACCESS CLASSIFICATION TO ALL ARTERIAL AND COLLECTOR ROADWAYS Access Management Classifications (Class I through 7 as defined in Section Four) are based on the criteria detailed in Section 5,02. These criteria take into account the functional classification as well as other Page 5 of 7 A da Item No. 1681 EXHIBIT If October 27, 2009 Pa9e—Z_of1_ Page 50 of 56 disparate traffic characteristics. It is the intent of this Section Five to assign a classification to roadways and to individual roadway segments that is consistent with sound planning principles and engineering practices. 5.01 Facilities that are functionally classified by the County as Arterials or Collectors shall be assigned one of the Access Management Classes 3 through 7 except for State Highways which shall be classified by the Florida Department of Transportation using their own criteria and where the Board of County Conunissioners has taken or may take future action to designate specific facilities as Limited - Access or Controlled- Access facilities. These currently include Livingston Road (entire length) and Collier Boutcvard (CR 951) from US 41 to Lmmokalee Road as Controlled- Access facilities (Class 2) and the future extension of Collier Boulevard (CR 951) north of Immokalee Road as a Limited Access facility (Class I ) The assignment of classification to a specific segment of roadway shall be the responsibility of the Transportation Services Division with ultimate approval by the Board of County Commissions. 502 The classification decision shall take into consideration the potential for the desired access management classificatinn and standards to be achieved based on existing land use, probability for land use change, adopted future roadway plans, and on ultimate roadway cross- section identified in the adopted plans. The assignment of a classification shall take into account consideration the following factors: 5.02.1 The current and potential functional classification. of the roadway; 5.02.2 Existing and projected future traffic volumes; 5.023 Existing and projected state, local and Metropolitan Planning Organization transportation plans and needs, including consideration of new or improved parallel facilities; 5.024 Drainage requirements; 5.02.5 Adjacent land use characteristics (existing and projected); 5.026 Local land use plans, zoning and land development regulations as set forth in the Growth Management Ilan; 5.02.7 Type and volume of traffic requiring access; 5.02 ,8 Operational aspects including corridor accident history; 5.02.9 Availability of reasonable access to an arterial or collector roadway by way of adjacent local streets as an alternative to a direct connection to an arterial or collector; 502 10 Cumulative effecl of existing and projected connections on the arterials' or collectors' ability to Provide save and efficient movement of people and goods within the County. 5.03 Table 3 depicts the assigned Access Management Class based on the criteria enumerated in Section 5 02 for all existing and presently proposed major collectors and arterials. The designation of Livingston Road as an Access Class 2 and Collier Boulevard (CR 95 1) as Access Class 1 and 2 as previously described shall take precedent over Table 4. 5.04 Activity Center access management plans are defined in the Land Development Code but are subject to review and approval on a case -by -case basis as land use proposals for development and redevelopment are submitted. The access shall be consistent with the intent to provide for the preservation of capacity and the safety of the traveling public. SECTION SIX: REVIEW AND MODIFICATION OF CLASSIFICATIONS 6.01 The Transportation Services Division shall review the Access Management Classifications for spmfic segments of arterial and collector roadways when a major change in any of the factors Page 6 of 7 Agenda Item No. 16131 EXHIBITOct of 2 1, 22006 noted herein have occurred or annually, whichever occurs fast. The review shall take the same form and procedure as outlined in Section 5 of this Policy. 6.02 A written request may be made by any person or organization to the Transportation Services Administrator that the Transportation Services Division to review the access classification of any specific segment (s) of an arterial or collector roadway at any time. Such written request shall include the specific basis to justify why the change in the roadway segment classification is being sought, and shall indicate the desired roadway segment classification and the specific justification therefore, based on the criteria contained herein. The Administrator shall consider each such request, coordinating with the appropriate organizations and committees named herein, and may initiate a study to determine if the reclassification should be approved, approved in a modified form, or denied under criteria outlined herein. Said proposed reclassification shall be submitted to the Board of County Commissioners of Collier County with appropriate background data for final adoption or denial. SECTION SEVEN: AMENDMENTS This Policy may be amended from time to time by Resolution of the Collier County Board of Cornrmssi mLrs. 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