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Backup Documents 10/27/2009 Item #16B 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTire.tnl TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print nn pmk paper, Attach to original dllCLltllCllL Original doclIlllents shnuld he llano dcli\crcd to lhl: Board Uniet: rhe ClllllrklCd ttlntlllg slip and original documents arc to bl.: jixwardcd to the BlIClrd Ulliet: ollh after the Huard has taken action nn the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is aJready complete with the ex tion oCthe Chairman's si ature, draw a line thrau routin lines #1 thrau #4, com lete the checklist, and forward to Ian Mitchell line#S. Route to Addressee(s) Office Initials Date ist in roulin order PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who cn:atedIprepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson. need to contact stafffor additional or missing information. All original docwnents needing the BCC Chairman's signature are to be delivered to the oce office only after the ace has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached 1. 2. -.-- --'';'-'''~ --~. ,,') ,/-- ~; ,./' . , -----" 3. ~.~.' " 4. ...<" Ii../~/ () h L~-' r.,' u_'- ..'"' '/r I /:r- A' N/AiJ anopcl.clafl!l line 5. Ian Mitchell, BCC Supervisor Board of County Commissioners I; Forms! County Forms! Bce Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.31.09 6. Minutes and Records Clerk of Court's Office Phone Number Agenda Item Number ;( :. '/ Number of Original Documents Attached /J f..; 'I;?/J/E,I, I. INSTRUCTIONS & CHECKLIST Initial the Yes colwnn or mark "N/A" in the Not Applicable column, whichever is ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BeC on .t' (eoter date) aod all chaoges made during the meeting have been incorporated in the attached document. The Coun Attorne 's Office has reviewed the chan es, if a licable, 2. 3. 4. 5. 6. 16G 1 OIL WELL ROAD AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this ~ day of Qdchef , 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 F/K/A 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 "Owners") and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami 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 Big Cypress Stewardship District ("District"), an independent special district, within the Rural Lands Stewardship Area ("RLSA") by Special Act; and WHEREAS, Section I 89.404(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. 2003-380), 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 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;" 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 way. WHEREAS, this Agreement addresses the required donation of Oil Well Road right-of- WIT N E SSE T H: 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 "Additional ROW") that certain property identified as Parcels 237FEE, 239FEE and 241FEE (100 feet ofright 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 Agreement - 4th Novus Version revised 1O-20-09.doc Page 1 of6 1681 in the Public Records of the County and shall assume the costs associated with the recordation. Closing shall be held no later than December 1, 2009. With respect to this provision, time is of the essence. Pursuant to Reso]ution 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 Well Road right-of-way that is no longer necessary. The right-of:way 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 storm water detention and treatment ponds for that portion of Oil Well Road located within the District, shall apply to any realignment ofOi] 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, 239DE], and 239DE2 the legal descriptions for which are appended to the Drainage Easements attached hereto as Exhibit "8" (hereinafter referred to as the "Drainage Easements"). Closing shall be held no later than December ], 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 Well 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, 239DEl and 239DE2. County is responsible for all costs of permitting, construction, mitigation, and maintenance for the construction of the drainage facilities. County shall maintain Parcels 237DE, 239DE1, and 239DE2 in accordance with all necessary and properly issued permits. The use of the drainage easement parcels must be consistent with Environmental Resource Permit (ERP) #11-0] 745, issued March ]2, 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 will 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 storm water facilities or road construction ancillary to the stormwater facilities. Any leftover fill shall be offered to the Owners. Owners shall have ninety (90) days to take possession of the fill at their sole cost and expense. 6. RELOCATION OF DRAINAGE EASEMENT. Owners have the right 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 files for a permit modification from conceptual to construction and operation for Environmental Resource Permit (ERP) #1]- 01745. The right and ability to relocate, redesign or modify the stormwater facilities exists regardless of whether there is a future realignment 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 storm water management system. Should the Owners or the District install the relocated, redesigned or Oil Well Road Agreement - 4th Novus Version revised 1O-20-09.doc Pal!C 2 of6 16 B I '~ 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#II-01745, issued March 12,2009, as modified by the County and approved by the permitting agency. The Owners and/or the District are responsible for the design, permitting, and construction of any relocated, redesigned, or modified storm water management system sought by the Owners and/or 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 storm water 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 shall 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, 239DEl, 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 Road Agreement - 4th Novus Version revised 1O-20-09.doc Page 3 of6 1681 Oil Well Road with Oil Well Grade Road and with Owners' afore-mentioned farm road, the County shall restore the 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 easements. 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 238TDREI, 238TDRE2, 240TDREI, 240TDRE2 and 240TDRE3, the 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. II. 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 revoked 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 supersedes any and all prior agreements, arrangements, or understandings, whether oral or written and whether recorded or unrecorded, between the parties hereto or their predecessors in interest, relating to the subject matter hereof. Oil Well Road Agreement - 4th Novus Version revised JO-20-09.doc Page40f6 16B 1 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 341m 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 submitted 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:"."', DWIGHT-,E'.l:UtOlJl<C, Clerk /" .1" .,' '. . ::~ -.: . , By: A~,~~~fer~ .1~ OIl!~' BOARD OF COUNTY COMMISSIONERS COLLIER COVl'lTY, FLORIDA I" , I .. I, I i' By: '~f' r7r;.--""",- ~..t- . II <::Y/,'~ DONNA FIALA, CHAIRMAN AS TO SELLER: CDC LAND INVESTMENTS, LLC a Florida Limited Liability Company DATED: r-..:z::?d €? Witness (Signature) BY: CDC LAND INVESTMENTS, INC. a Florida Corporation, Manager "TIloHA,t fi~COdE Name (Print or Type) By: Printed Name: Printed Title: ", ,---:+J~_. Witness (Signature) '--.-', / , ....~,.\,~ , " '/:l- t~ - ~~rL [) i..>/ Name (Print or Type) .J Oil Well Road Agreement - 4th NOVll<; Version revised 1O.20-09.doc Page 5 of6 168 1 DATED: COLLIER LAND HOLDINGS, LTD., a Florida Partnership F/K/A Collier Enterprises, Ltd, a Florida Limited Partner~hip ~~-4Wj7c..-~ Witness (Signature) BY: COLLIER ENTERPRISES, INC. a Florida Corporation, General Partner By: ~ . Printed Name; /f"jM- j), Gn., ~: Printed Title: v/u /,...~;~.) 7iloH4~ e.. <::bMtECl:)o) e Name (Print or Type) ~. '. ---..'lj Witness (Signature) " ,/ Y ~~; (~ri~ 0; TYPer ,",,, I') Approved as to form and le",l su!c~ncy: · 1,J+- , Jr.' ",' , _,1";/ ' -\~ ( - Jeffrey A 1<.1 County A 0 Oil Well Road Agreement - 4th Novus Version revisl.>d 1O~20-09.doc Page 6 of6 PROJECT: Oil Well Road #60044 PARCELS/FOLIO NO(S): 237FEE/Portion of 00223040009 239FEE/Portion of 00223000007 241 FEE/Portion of 00222960009 EXHIBIT "A" J. 6 B 1 TO OIL WELL ROA AGREEMENT PAGE 1 OF 10 WARRANTY DEED 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 "8" (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 168 1 EXHIBIT "An TO OIL WELL ROAD AGREEMENT PAGE 2 OF 10 WITNESSES: CDC LAND INVESTMENTS, LLC a Florida Limited Liability Company (Signature) BY: CDC LAND INVESTMENTS, INC. a Florida Corporation, Manager (Print Full Name) By:: 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 identity. as proof of (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial! Commission # (if any): My Commission Expires: last Revised: 9/18/08 ---168--1 ., LEGAL DESCRIPTION AND SKETCH Fee Simple: Interest Parcel No. 237 FEE (This is not a Field Survey) EXHIBIT "A" TO OIL WELL ROAD AGREEMENT PAGE 3 OF 10 FEE SIMPlE INTEREST DESCRIPTION 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 porticuiorly described os foilows: 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 an intersection with the existing north right-of-way line of said Oil Well Road and the Point of Beginning; thence leaving said north line and continuing along said west line 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" Wand 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 paint of intersection bearing N 00'40'09" Wand 50.00 feet from the southeast corner of said Section 15; thence ieaving sold 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" Wand 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. LEGAL DESCRIPTION AND SKETCH PREPARED BY McKlM&CREED, PA STATE OF FLORIDA CERT1F!CAlE OF AUTHORIZATION No. LB 6566. SHEET 1 OF 2 CLIENT: COLLIER CO,! CH2MHILL t#--7 A. -4'~, JEFFREY NY. STILL - PROFESSIONAL, SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION lI0ENSE No. LS easSl PROJECT: OIL WELL ROAD -.,: ~,\.~: . " '. '.. I " DATE: APRIL 14, 2007 " "'.j... ., 6241 AAOWAY FORT MYERS, FLORIDA, 33912 PHONE: (239) 275-8875 Fax: (23") 27&-.7029 FLORIDA CEATlFICATE OF AUTl-iORlZATlON No. L8 6500 INTERNET SITE; Hl1P;JMiVVW,MCKlMCREED.COM . . '.J,', , " >:"; ;",',: '" ~ LEGAL DESCRIPTION AND SKETCH Fee Simple Jnterest Parcel No. 237 FEE (This is not a Field Survey) N 00'40'09' W SECTION 14 SECTION 15 S 00'40'09" 100.00' EXHIBIT "A" TO OIL WELL ROAD AGREEMENT PAGE 4 OF 10 '20 M..-- SCALE 1" ~ 120' o FEE SIMPlE INTEREST 237 FEE 12.260:1: ACRES O.R. BOOK 1537 PAGE 749 P.O.B. ~ POINT OF BEGINNING P.O.C. ~ POINT OF COMMENCEMENT R ; RADIUS t. = ANGLE L = LENGT1-I Ch ; CHORD CB ~ CHORD BEARING O.R. = OFFICIAL RECORDS B.O.S. ~ BEGINNING OF SURVEY N 01.27'16" W 100.02' N 0,.27'16' W SECTION 15 SECTION 16 4 NH<IM&CREED --Y E ~I CD CDI ~I '20 + (I ~ 1--. r<') r' CD CD N w z ::; i7l <( (Q >- ~/ (f) Wi , 1 ~I ~I zl I I I F :~;~~:" w W W Iz z w l::i ::i z ::; . I~ N ~ ~ ;;::; I N I al . lL. c...j u- >- ~IO ,... 0 ~ ~~ ~ : ; (j') i= N wlO ~ (j') 10.. X ~ I~ ~ w w '<!- ~ '<!- :;- cr, '" OJI OJ Zl (j') I P.O.8. ~\ N 01'27'16" W --1 50.0,' ~ ;..., "- ,..: '" '" N <.0 r<') ~ 0;- cr, OJ (j') w , '" ..., ;,. ;<t 0> to Z 1:> 0 0 "' f , ,-.... CO L!) CO a: o '-" o a: -.J -.J W S -.J o 168 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) SOUT1-I 1/4 CORNER SECTION 15-48-28 P.O.T. STATION 305+26.34 , '" ..., ~ a, OF SECTION 15-48-28 to /' (EXISTING CENTER LINE z ~ OF OIL WELL ROAD) 6241 ARC WAY FORT MYERS, FLORIDA, 33912 PHONE: (239) 275-B875 Fax: (239) 275~702g FLORIOA CEAllFICATE OF ALrrHORIZATION No. LB 6586 INTERNET SITE: Kl1.?:/iWWW.MCKlMCREED.COM SOUT1-I LINE OF THE SOUT1-IWEST QUARTER P.O.C. SW CORNER OF SECTION 15-48-28 P.1. STATION 278+55.17 SHEET 2 OF 2 CLIENT: COLUER CO. I CH2MHILL PROJECT: OIL WELL ROAD DATE: APRIL 14, 2007 . 1681 LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 239 FEE (This is not a Field Survey) EXHIBIT "A" TO OIL WELL ROAD AGREEMENT PAGE50F10 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, 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 00'40'09" W along the west line of said Section 14 for 50.00 feet to an intersection with the existing north right-of-way line of said 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 o point that bears N 00.15'12" Wand 150.00 feet from the south One Quarter (1/4) corner of soid Section 14; thence N 89'45'00" E for 2656.51 feet to on intersection with the eost line of said Section 14; thence along said east line S 00'51'16" E for 100.01 feet to on intersection with the said existing north right-of-way line of Oil Well Rood, said point of intersection bearing N 00.51'16" VI and 50.00 feet from the southeast carner af said Section 14; thence leaving said east line and along said north right-of-way line S 89.45'00" VI for 2657.56 feet to a point that bears N 00'15'12" Wand 50.00 feet from the sold 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 far 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 LEG.A.L OESCRIPllON AND SKETCH PREPARED BY M~K1M&CREt;.O. PA STAlE OF FLORIDA CER11FlOATE OF ALm-lOR1ZA.nON No. La 6566. CLIENT: COLLIER CO, I CH2MHILL ~ A. -J:;aiL JEFFREY M LL - PROFESSIONAL. SURVEYOR AND NtAPPEA STATE OF FLORIDA REGISTRA.T10N LICENSE No. LS 6389 PRaJECT: OIL WELL ROAD " , . . . " DATE: APRIL 14, 2007 . ,') 'j ~ NH<IM&CREED ~ 6241 ARC WAY FORT MYERS, FLORIDA, 33812 PHONE: (239) 27&.0075 Fax: (239) 276-7029 FL.ORIDA CERTIFICATE OF AUTHORIZATION No. La 6566 -', INTERNET SITE: HTTP:lNVVwW,MCKIMCAEED.COM .' "- . LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 239 FEE (This is not a Field Survey) (I ~ w z ::i w Vl "" <D >- ~/ Vl 'in o oj '" <D N ~ ~ ........ 00 l.{) 00 a: Q o a: ..J ..J ill S ..J o 168 1 N 00'51 '16" W 50.00' SE CORNER OF SECTION 14-48-28 P.1. STATION 385+20.79 SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 14-48-28 (EXISTING CENTER LINE OF Oil WELL ROAD) SOUTH 1/4 CORNER SECTION 14-48-28 P.1. STATION 358+62.71 , '" '" SOUTH LINE OF THE :t SOUTHWEST QUARTER ~ OF SECTION 14-48-28 z /" (EXISTING CENTER LINE ~ OF Oil WEll ROAD) ~ :M:KIM&CREED 6241 ARC WAY FORT MYERS, FLORJOA, 33912 PHONE: (239) 275-5875 Fax: (239) 275-7029 FLORIDA CEA11FfOATE OF AllTHORfZAll0N No. La 6666 INTERNET SrrE: HTTP:/MWW,MCKlMCREED.COM E Y 1 - I <0 Lnl LJ") 01 r' LJ") LJ") co co N N 120 w w 3: , I 0 01 0 0 ,,., ;;1 0 ;0l- In Ol :t :t '" (j) en z co co Zl CI) I "0 0 ci '" 100.00' f -- N 00"15'12" W w W 12 2 w .:J ::J 3 -I~ 0 ~ ~ :::: I ~ I <D oW- mlL.)- ::ilIa coo~ ~~ ~ : ; CI) i= w 10 3: CI) let. X ~ I~ ~ w w '<t "v :t '<t en en col co zl CI) I P.O.B. 1\\ N 00.40'09" W 3 50.00' P.O.C. SW CORNER OF SECTION 14-48-28 P.O. T. STATION 331+94.07 SHEET 2 OF 2 CLIENT: COLLIER co./ CH2MHILL PROJECT; OIL WELL ROAD DATE: APRIL 14, 2007 N 00'51'16" W SECTION 13 SECTION 14 S 00.51'16" EXHIBIT "An TO OIL WELL ROAD AGREEMENT PAGE 6 OF 10 --"~~ 120 o 1""""\-- - ~ SCALE 1" = 120' FEE SIMPlE INTeREST 12.228:t ACRES O.R. BOOK 1537 PAGE 749 P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RAOIUS t:, = ANGLE l = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS B.O.S. = BEGINNING OF SURVEY N 00'40'09" W 100.00' N 00.40'09" W SECTION 14 SECTION 15 r . 168] -~ ., LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 241 FEE (This is not a Field SUNey) EXHIBIT "A" TO OIL WELL ROAD AGREEMENT PAGE70F10 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, said corner lying on the existing center line of 011 Well Road (C.R. 858, 100' Right-of-Way); thence leaving said center line N 00'51'16" 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 said 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 011 Well Road, said point of intersection bearing N 01'11'28" Wand 50.01 feet from the south One Quarter (1/4) corner of said Section 13; thence leaving said east line and aiong 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 Piane 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 48 South, Range 28 East, Collier County, Florida. LEGAl DESCRIPTION AND SKETCH PREPARED BY MCKlM&.CREED, PA STATE OF FLORIDA CERllACATE OF AUTHORIZATION No. L8 6566. SHEET 1 OF 2 CLIENT: COLLIER co. j CH2MHILL ,. ~:~:<~"" -.: -: . ,1,\ "'I "'l ". 1/,., .'i Ij .' '-.' ~ /2. , .4~uc JEFFREY M. S - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRAnON UCENSE No. LS 8389 PROJEOT: OIL WEL~ ROAD DATE: APRIL 14,2007 , , , \"" I . : T,\ ~,t.~ :':'j' ij .; . " 4 lvH<UvI&CREED 6241 ARC WAY FORT MYERS, FLORIDA, 33912 PHONE: (239) 275-8875 Fax: (2S9) 275-7029 FLORIDA CERTlRCATE OF AUTHORIZATION No. La eS66 INTERNET SITE: HITP:/MwW.MCKlMOREEO,COM ';"1 '". .- " ~ j,'~ ' . 'ij, 'I, J(;" J LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 241 FEE (This is not a Field Survey) O.R. BOOK 3696 PAGE 3150 N 01.11'28" W / EAST LINE OF THE SOUTHWEST QUARTER SECTION 13-48-28 S 01.11'28" 100.01' -'~ ~ 192 I I I~ _ I ~I'-' 1"-- - NIOC ~18 I~ 1"- I~ EXHIBIT "A" TO OIL WELL ROAD AGREEMENT PAGE 8 OF 10 (I , N 01'11'28" W 50.01' 120 o 120 SOUTH 1/4 CORNER SECTION 13-48-28 P.1. STATION 412+04,38 --- W CO z L!) :J CO >- <I: IT: ;J: I 0 LL 0 ,.:. ......- . I' a '0 '-' ~ I") o::~ IT: I") co OJ <0 --.J " <D --.J N '-' ill z S f= en X --.J W 0 w Z :J w (f) < '" >- ~ '" WI ;J: ::> (f) ':.0-1 w ;;. . ~I 0 ... 0 ;;. ;1 SOUTH LINE OF THE v SOUTHWEST QUARTER en ()) OF SECTION 13-48-28 OJI <Xl co ZI en z ~ (EXISTING CENTER LINE OF OIL WELL ROAD) - P,O.C. SW CORNER OF SECTION 13-48-28 P.1. STATION 385+20.79 I 1-\\ W~ ~--.....ol- SCALE 1" = 120' FEE SIMPlE INTEREST 241 FEE 6.159:t ACRES O.R. BOOK 1537 PAGE 749 P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS t. = ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS B.O.S. = BEGINNING OF SURVEY N 00.51'16" W 100.01' N 00.51'16" W SECTION 13 SECTION 14 SHEET 2 OF 2 CLIENT: COLLIER 00./ CH2MHILL ~ 1vH<IM&CREED ti241 ARC WAY FORT MYERS, FLORIDA, 33912 PHONE: (2351) 275-8875 Fax: (239) 275-7029 FLORIDA CERTIFICAlE OF AUTHOAIZATlON No. LB 6566 INTERNET SITE: HTTP:/MVvW.MCKlMCAEED,OOM PROJECT: OIL WELL ROAD DATE: APRIL 14, 2007 I N 00.51'16" 50.00' Rrst American Title Insurance Company 168 1 FATIC 216X ALTA Commitment (1982) (with prInted mineral exception) EXHIBIT" A" TO OIL WELL ROAD AGREEMENT PAGE 9 OF 10 SCHEDULE B - SECTION 2 EXCEPTIONS 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 iand which a correct survey would disclose and which are not shown by the public records. 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~nge in the location of any water body within or adjacent to the land prior to Date of Policy, and any adverse claim to all or part of the land that is, at Date of Policy, or was previously under water. 5. Taxes or speciai assessments not shown as lien in the public records or in the records of the local tax collecting authority, at Date of Policy. 6. Any minerals or mineral rights leased, granted or retained by current or prior owners. 7. Taxes and assessments for the year 2009 and subsequent years, which are not yet due and payable. 8. Resolution recorded in Book 649, Page 1239. 9. Notice of Interim Land Use limitation recorded in Book 4457, Page 1903. 10. Oil, gas and mineral reservations contained in instrument 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 42.08, Page 2043.. 11. Oil, 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 1608, Page 309. 12. Memorandum of Oil, Gas and Mineral Leases recorded in Book 1611, Page 44; as refiled in Book 1700, Page 584. Page 8 of 12 9018 - 2223618 ../ \ EXHIBIT "A" 16 8 1 TO OIL WELL ROAD AGREEMENT PAGE 10 OF 10 First American Title Insurance Company 13. 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). Page 9 of 12 9018 . 2223618 Project: Oil Well Road #60044 Parcel/Folio No(s): 237DE/Portion of #00223040009 239DE 1/Portion of #00223000007 239DE2/Portion of #00223000007: EXHIBIT "B" 1 6 8 1 TO OIL WELL ROAD AGREEMENT PAGE10F8 DRAINAGE EASEMENT THIS EASEMENT, made and entered into this day of , 20_, by CDC LAND INVESTMENTS, LLC, a Florida Limited Liability Company, whosemailingaddressis3003TamiamiTrailNorth.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.) WIT N E SSE T H: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive drainage easement to enter upon and to install and maintain drainage structures and facilities, including but not limited to 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 (Signature) BY: CDC LAND INVESTMENTS, INC. a Florida corporation, Manager (Print Name) By: Printed Name: Printed Title: (Signature) (Print Name) 168 1 EXHIBIT "B" TO OIL WELL ROAD AGREEMENT PAGE20F8 STATE OF COUNTY OF The foregoing Drainage 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. as proof of (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial! Commission # (if any): My Commission Expires: Last Revised: 2/01/07 168 1 ~ LEGAL DESCRIPTION AND SKETCH Drainage Easement Parcel No. 237 DE (POND 7) (This is not a Field SUNey) EXHIBIT "B" TO OIL WELL ROAD AGREEMENT PAGE30F8 DESCRIPTION A parcel of land lying in Section 15, Township 48 South, Range 28 East, Coliier County. Florida, being more particuiarly described os foiiows: 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 aiso being the existing center iine of Oii Weil 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 Weil Road and the Point of Beginning (said proposed right-of-way line being parailel to and 150.00 feet north of, as measured at right angles from, the said existing center line of Oil Weil 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 said 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 Plone 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 15, Township 48 South, Range 28 East, Callier County, Florida. LEGAL DESCRIP1l0N AND SKETCH PREPARED BY MCKlM&CREED PA STAlE OF FLOR1DA CERTIFICATE OF AUTHORIZATION No. La 85e6. qHEET 1 OF 2 >." 'r, CLIENT: COLLIER CO. I OH2MHILL 141~ ~. ..J-:;:t;;lj JEFFREY Nt STILL ~ PROFESSIONAl SURVEYOR ANO MAPPER STATE OF FLORIDA REGISTRATION UCENSE No. LS 6389 PROJEOT: OIL WELL ROAD " 1;' ;1; ,..,\:-;i: .. '\\ '~ ' \ 1 :\\, , DATE: APRIL 14. 2007 '. I, . 'c. " ~ ~ \.. NH<IM:&CREED , ~ ", ~ 6241 ARC WAY FORT MYERS, FLORIDA, 33912 PHONE; (239) 275-8875 Fax: (239) .275-7029 " FLORIDA CERTlACATE OF AUTHORlZAll0N No. La 6566 ! INTEANET SITE: HTTP:JM"v\fV.I,MCKIMCREEO,COM \ 'f',' '". . ~ LEGAL DESCRIPTION AND SKETCH Drainage Easement Parcel No. 237 DE (POND 7) (This is not a Fieid SUNey) EXHIBIT Page of S 01"51'36" W 150.10' -.;~ ~ 200 o 200 r"""'\......-_- SCALE 1" _ 200' "0 0 ~7~ 0 ('i 0 ('i (POND 7) 6.956:t ACRES w Co r') ;. O.R. BOOK 1537 ;<t Ol PAGE 749 <Xl z P.O.B. ~ POINT OF BEGINNING P.O.C. ~ POINT OF COMMENCEMENT R ~ RADIUS 6 ~ ANGLE l ~ lENGTH Ch ; CHORD CB ; CHORD BEARING O.R. ; OFFICIAL RECORDS N 01'51'36" E 150.10' N 01.27'15" W SECTION 15 SEC1l0N 16 . !v.H<IM&CREED W, 2, ~I 3:' I' ~I 1-, 1'5, ~I 2, 1=, ~I , 1 I , , I 1 1 I , , I 1 , I , , I , I I 1 IN 89'44'35" E __. ./'" 144.20' 100' 50' Y ~ ~ P.O.C. SW CORNER OF :...-- SECTION 15-48-28 P.1. STATION 278+55.17 "0 o o w 8 3:; ('i.....J I}- I~ ,"- .0 I~ '0: . I~ 3:::~ '" ~I"- ~: ~I (/): I . , I , , I . . I , , I , . I ! 100' !50' . , _J_ , , I , . I . . I . . I 1 ,~i I') . I ~i 2, , I , , I 1 1 I w z ::J w I/'J <( ro >- '5' '" ::J I/'J ....... co L.(') co a: o .......... o [[ -.I -.I W S -.I o 168 1 EXHIBIT "B" TO OIL WELL ROAD AGREEMENT PAGE40F8 NOO'15'24"W 150.00' SOUTH LINE OF THE .--- SOUTHWEST QUARTER OF SECTION 15-48-28 (EXISTING CENTER LINE OF Oil WEll ROAD) o o d N o N w , <0 I') '"" ... m to 2 NOO'15'24"W 150,00' SHEET 2 OF 2 cueNT: COLLIER CO. I CI-l2MHILL 6241 ARC WAY FORT MYERS, FLORIDA. 33812 PHONE: (239) 275-687e Fax: (239) 275-7029 FLORIDA CERTlFlCATE OF Al.1THORlZA"nON No. La 6586 INTERNET SITE: HTTPI!NIWW.MCKJMCREED.COM PROJECT: OIL WELL ROAD DATE: APRIL 14, 2007 1681 LEGAL DESCRIPTION AND SKETCH Drainage Easement Parcel No. 239 DE1 (POND 8) (This is not a Field Survey) EXHIBIT "B" TO OIL WELL ROAD AGREEMENT PAGE50F8 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 aiong the south tine of the Southwest Quarter (SW 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 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 Oil Well Road and the Point of Beginning (said proposed right-of-way line being parallel to and 150.00 feet narth of, os measured at right angles from, the said existing center line of Oil Well Rood); thence leaving said proposed right-of-way line 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 olong said west line S 00'40'09" E for 550.00 feet to on intersection with the said proposed north right-of-way line of Oil Well Rood, said point of intersection bearing N 00'40'09" Wand 150.00 feet from the said southwest corner of Section 14; thence leaving said west iine and along said proposed north right-of-way line N 89.44'36" E for 275.00 feet to the Point of Beginning. Contoining 3.472 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 Quorter (SW 1/4) of Section 14, Township 48 South, Range 28 East, Collier County, Florida. LEGAL DESCRIPTION AND SKETCH PREPARED BY McKJM&CAEED PA STATE OF FLORIDA CERTIFICATE OF ALm-lORIZATlON No. La esa6. SHEET 1 OF 2 CLIENT: COLLIER co. I CH2MHILL ',\ " -~ i,. t JEFFREY M. ~61~~URi~ MAPPER STATE OF FLORIDA REGISTRA.T10N LICENSE No. LS 6389 .."< \: \'.',\ . : PROJECT: Ol~ WELL ROAD "., "I ..~ OATE: APRIL 14. 2007 . M:I<IM&CREED . .;.~. .J.--, .. ;. " 6241 ARC WAY FORT MYERS, FLORIDA, 33912 PHONE: (239) 275-8875 Fax: (239) 276-7029 FLORIDA CERllFICATE OF Al.JTI-lORIZA1l0N No. La 6566 INTERNET SITE: HT1PjlWWW.MCIOMCREED.COM -.';. '" ':'\",:' ') I j .' I '~ 1681 r "'v LEGAL DESCRIPTION AND SKETCH Drainage Easement Parcel No. 239 DE1 (POND 8) (This is no ~ ~ Zz 00 i=i= (.) (.) Ww en en S 89.44'36" W EXHIBIT "B" TO OIL WELL ROAD AGREEMENT PAGE60F8 275.00' -\~ ---- WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 14-48-28 60 o 60 1"-- 1<) L{)Q) ~.... ",,, Ow 0(9 I!l< .(L 0:: ci 1"""".....---- SCALE 1" ~ 80' "6 o o "" L{) L{) "6 c o L{) L{) 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 0, o a ;<t o o z w ~9~ (POND 8) 3.472:t ACRES ;;;: '" o "0 :" o o (f] '" o "0 .... b o z O.R. BOOK 1537 PAGE 749 '" .... ~ ~ z z o 0 F F u u w w en en - - P.O.B. 275.00' ~ N 89'44'36" E PROPOSED RIGHT -OF-WA Y LINE - - - - "0 o I I~. I-~g "'d r", J~~ I ~ R N 89.44'36" E 273.92' _--I 't:. OIL WELL RD. (C.R. 858) "" 0," 00 " 0 o . ....0 .", o~ o z "0 o ~ "0 L{) EXISTING RIGHT-OF-WAY LINE - - N 89.44'36" E "0 L{) SURVEY BASE LINE ~ / 't:. P.O.C, SW CORNER OF SECTION 14-48-28 P.O.T. STATION 331+94.07 SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 14-48-28 (EXISTING CENTER LINE OF OIL WELL ROAD) SHEET 2 OF 2 ~ 1vH<IM&CREED 6241 AACWAY FORT MYERS, FLORIDA, 33912 PHONE: (~9) 270-6875 Fax: (239) 275.7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566 INTERNET SITE: HTrl.:/IWWW.MCKJMCREEO.COM CLIENT: COLLIER CO. I CH2MHILL .... PROJECT: OIL WELL ROAD DATE: APRIL 14, 2007 lOR1. LEGAL DESCRIPTION AND SKETCH Drainage Easement Parcel No. 239 DE2 (POND 9) (This is not a Field Survey) EXHIBIT "B" TO OIL WELL ROAD AGREEMENT PAGE 7 OF 8 DESCRIPTION A parcel of land lying In Section 14, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as fallows; 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 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-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 00"15'00" 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 an 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. TEeM - ROW JAN 0 6 2009 LEGAL. DESCRIPTION AND SKETCH PREPARED BY MCKIM&CREED, PA STATE OF?/R;:)A CERTIFI(~AUT~O\'ZA:'Oh566 ~...()~"-- \QJ~V ( JASON O,'1LL - PROFESSIONAL SURVEYOR AND MAPPER ,STATE O~.fLORIOA REGISTRATION LICENSE No. LS 6008 ',,- / ~ M:I<IM:&CREED ~ '- SHEET 1 OF 2 CLIENT: COLLIER co. ICH2MHILL PROJECT: OIL WELL ROAD DATE: JANUARY 5, 2008 10970 SQiJrH CLEVELAND AVE., SUITE 401 FORT MYERS, FLORIDA 33907 PHONE: (239) 275..8875 Fax, (239) 275-7029 f=LORIDA CERTIFIOATE OF AUTHCRIZATlON No, LB 6566 INTERNET SITE: HTTP://VI.'\VW.MCKU....1CREED.COM .J 168 1 LEGAL DESCRIPTION AND SKETCH Drainage Easement Parcel No. 239 DE2 (POND 9) (This is not a Field SUNey) EXHIBIT "B" TO OIL WELL ROAD AGREEMENT PAGE80F8 432.03' S 89'15'00" E o o S 89'45'00" W 795.00' -------------- PROPOSED RIGHT-OF-WAY LINE 120 o 120 ~-- NOT TO SCALE o o cx:i n " O.R. BOOK 1537 PAGE 749 ~ ~D~ 0 0 t() (POND 9) 0 0 10.325::t z ACRES P.O.B. / o t() I,. 100 ,.0 0 '" . _0 I" '" 0_ I~ ~ --- SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 14-48-28 (EXISTING CENTER LINE OF Oil WEll ROAD) P.O.s. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS !!, = ANGLE l = lENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS B.O.S. = BEGINNING OF SURVEY I,. 100 1.0 0 '" . _0 I. '" D_ o Iz 0 --l t() "'- S 89"45~05~" T '''/ P.O.C. SE CORNER OF SECTION 14-48-28 P.1. STA nON 385+20.79 o o EXISTING RIGHT-OF-WAY LINE - - -S-89"45'OO" IN - - -- S 89'45'00" W 550.00' SURVEY BASE LINE OIL WELL RD, (C.R. 858) TECM - ROW JAN 0 6 2009 SHEET 2 OF 2 . ~&CREED '0970 SOUTH CLEVELAND AVE., SUITE 401 FORT MYERS, FLORIDA, 33907 PHONE: (239) 275-8875 Fax: (239) 275-7029 FLORIDA CERTIFICATE OF AUTHORIZATION No LB 6566 INTERNET SITE: HITP:/NJWW-MCKIMCAEEO.COM CLIENT: COLliER co. I CH2MHILL PROJECT: OiL WELL ROAD DATE" JANUARY 5, 2008 PROJECT: Oil Well Road #60044 PARCEL: 239TCE FOLIO: Portion of 00223000007 EXHIBIT "C" 1 6 B I TO OIL WELL ROA& AGREEMENT PAGE 1 OF8 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.) WIT N E SSE T H: 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: CDC LAND INVESTMENTS, LLC a Florida Limited Liability Company BY: CDC LAND INVESTMENTS, INC. a Florida Corporation, Manager Witness: By: Printed Name: Printed Title: Print Name: Witness: Print Name: STATE OF COUNTY OF EXHIBIT ..1,," 8 1 TO OIL WELL i'O}(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. as proof of (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial I Commission # (if any): My Commission Expires: Last Revised: 7118/08 2 toB1. LEGAL DESCRIPTION AND SKETCH Temporary Construction Easement, Parcel No, 239 TCE (This is not a Field Survey) EXHIBIT "e" TO OIL WELL ROAD AGREEMENT PAGE 3 OF 8 DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT DURA TION 2 YEARS. A parcel of land lying in Section 14, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence ot 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 iine of Oil Weli 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-way iine being parallei 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 ieaving said proposed right-Of-way iine 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 DESCRIPl10N AND SKETCH PREPAAED BY McKlM&.CAEED PA STATE OF FLORIDA CERnF1CAlE OF AllTHORIZATION No. La 6566. SHEET 1 OF 2 ~ iI-L, 4~ JEFFREY Nf."STlLL - PROFESSJONAL SURV5YOR AND MAPPER STATE OF FLOAIDA REGISTRATION LICENSE No. LS 6389 CLIENT: COLLIER CO.! CH2MHJLL PROJECT: OIL WELL ROAD '''', .. J ".: I:~':,:. '.";.,':i ":':, '(f' " , 'f' ; DATE; APTIL 14, 2007 :, , 4 lVH<rM&CREEo 0241 ARC WAY FORT MYERS, FLORIDA, 33912 PHONE: (239) 275~B675 Fax: (239) 275-7029 FLORIDA CERTIFICAlE OF AlJ11-10RIZATION No. La 6566 INTERNET Sr1E: HTl'P;/tNWW.MCKJMCREED,COM "". ..p,:' ''- '." l-6-B-l . EXHIBIT "C" TO OIL WELL ROAD AGREEMENT PAGE40F8 LEGAL DESCRIPTION AND SKETCH Temporary Construction Easement, Parcel No. 239 TCE (This is not a Field SUNey) O"R. BOOK 1537 PAGE 749 80 0 ~---- 80 SCALE 1. = 80' o.od -S' ~.,/ '\ 7.-0.\97.-/ \ ,,:J .,/ 0' ~ ..... TEMPORARY CONSTRUCTION EASEMENT DURA TION $' YEARS. \~" J?" \0. ~ . TEMPORARY CONSTRUCTION EASEMENT NO. 239 TCE (1 .124:t ACRES) \('\ \ \% J?" \'0 . P.O.B. \/ \ I ~ 1'00 l.o~ l[)o rl[) 18~ 12 a 1O L t--r s 89'45'O~;' W I 508.31/ P.O.C. SE CORNER OF SECTION 14-48-28 P.I. STATION 385+20.79 -t- ~-:o "I.l' '0.'0 v> O. :..l . POND 9 223.34' S 89'45'00" W -- -- PROPOSED RIGHT-OF-WAY LINE - - o o o o ~ ~ EXISTING RIGHT-OF-WAY LINE a 1O ~1 S 89"45'00" W OIL WELL RD" (C"R. 858) SOUTl-I LINE OF Tl-IE SOUTl-IEAST QUARTER OF SECTION 14-48-28 (EXISTING CENTER LINE OF OIL WELL ROAD) P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.I. = POINT OF INlERSECTlON SHEET 2 OF 2 6241 ARC WAY ,. l\.JW:"'Vn. K&CREED FORTMYERS,FLOR1DA.3S912 ~ .&." J..-~VJ. PHONE; (239) 275-8875 Fax; (239) 276-7029 ~~ FLORIDA OEA11FlCA1E OF AUTHORlZA110N No, LB B5BS ~ INTERNET BrIE; Hm>;f/WWW.MCKlMCREED.COM CLIENT: COLLIER CO. / CH2MHILL PROJEOT; OIL WELL ROAD DATE; APl1L14,2D07 PROJECT: Oil Well Road #60044 PARCEL: 240TCE FOLIO: Portion of 00225440005 EXHIBli'C:;;' TO OIL WEL lUli 1 AGREE NT PAGE50F8 TEMPORARY CONSTRUCTION EASEMENT THIS TEMPORARY CONSTRUCTION EASEMENT, is made and entered into this day of , 20_, by COLLIER LAND HOLDINGS, L TO, a Florida Limited Partnership F/KlA Collier Enterprises, Ltd., a Florida Limited Partnership, whosemailingaddressis3003TamiamiTrailNorth.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.) WIT N E SSE T H: 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 EXHIBIT "e" 1 6 8 1 TO OIL WELL ROAD AGREEMENT PAGE60F8 AS TO GRANTOR: COLLIER LAND HOLDINGS, LTD. a Florida Limited Partnership F/KlA Collier Enterprises, Ltd., a Florida Limited Partnership BY: COLLIER ENTERPRISES, INC. a Florida Corporation, General Partner Witness: Print Name: By: Printed Name: Printed Title: Witness: Print Name: STATE OF COUNTY OF 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/KlA Collier Enterprises, Ltd., a Florida Limited Partnership, on behalf of the corporation and the partnership, who: is personally known to me OR produced identity. as proof of (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial I Commission # (if any): My Commission Expires: Last Revised: 7/18/08 2 ~ ~ '- v 1681 EXHIBIT "C" TO OIL WELL ROAD AGREEMENT PAGE80F8 LEGAL DESCRIPTION AND SKETCH Temporary Construction Easement, Parcel No. 240 TCE (This is not a Field Survey) N fWRTH LINE OF THE NORTHEAST QUARTER OF SECTION 23-48-28 (EXISTING CENTER LINE OF all WEll ROAO) ct \ "0 o LO r - - I I '01 0 ~I I I 3:1 81 sl 0 2:1 I L - OIL WELL RD. (C.R. 858) S 89'45'00" W EXISTING RIGHT-OF-WAY LINE - - N 89.45'00" E 280.00' TEMPORARY CONSTRUCTION EASEMENT DURATION 3 YEARS. TEMPORARY CONSTRUCTION EASEMENT NO. 240 TCE (2.089:t ACRES) S 89.45'00" W 280.00' ---- -- P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.1. = POINT OF INTERSECTION NOT TO SCALE P.O.C. NE CORNER OF SECTION 23-48-28 P.1. STATION 385+20.79 ~ 441.58' S 89.45'00" W r {~ w 180 lto ~ ~O Igl() r~ -- P.O.B. I 10 o I~ r') -0 o LO - I I Iw 18 to Is Itn I -1 O.R. BOOK 2733 PAGE 951 IvR<IM&CREED SHEET 2 OF 2 QUENT: COLLIER 00./ CH2MHILL 6241 ARC WAY FORT MYERS, FLORIDA, 33912 PHONE: (239) 276-8875 Fax: (238) 275-7029 FLOAIDA CERTIFICATE OF AUTHORlZA'TlON No. La 6566 INTERNET SITE: HTTP://INW.N',MCKlMCREED.COM PROJECT: OIL WELL ROAD OATE: APRIL 14, 2007 " PROJECT: Oil Well Road #60044 PARCEL(S)/FOLlO NO(S): 238TDRE 1/Portion of 00225400003 238TDRE2/Portion of 00225400003 240TDRE1/Portion of 00225440005 240TDRE2/Portion of 00225440005 240TDRE3/Portion of 00225440005 1681 EXHIBIT "0" TO OIL WELL ROAD AGREEMENT PAGE 1 OF7 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/K1A 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.) WIT N E SSE T H: 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 "TORE") 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 TORE 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 EXHIBIT "0" 1 6 B 1 TO OIL WELL ROM AGREEMENT PAGE20F7 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. AS TO GRANTOR: COLLIER LAND HOLDINGS, LTD. a Florida Limited Partnership F/KJA Collier Enterprises, Ltd., a Florida Limited Partnership Witness: BY: COLLIER ENTERPRISES, INC. a Florida Corporation, General Partner Print Name: By: Printed Name: 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 F/KJA Collier Enterprises, Ltd., a Florida Limited Partnership, on behalf of the corporation and the partnership, who: is personally known to me OR produced identity. as proof of (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial I Commission # (if any): My Commission Expires: Last Revised: 2/01/07 1681 EXHIBIT "0" TO OIL WELL ROAD AGREEMENT LEGAL DESCRIPTION AND SKETCH PAGE 3 OF 7 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, Fiarido, 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 iine 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 Road and the Point of Beginning; thence leaving said south right-of-way line S 00'15'24" 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 SECTION 22-48-28 I 416.76' N 89'44'36" E ~ NORTH LINE OF THE NORTl-IWEST QUARTER OF SECTION 22-48-28 I N -., OIL WELL RD. (C.R. 858) W + N 89'44'36" E o~1 C::'iol o~ Lf)81 / c.;J- EXISTING RIGHT-OF-WAY LINE P.O.B. ~I - i N Bffi'3;.:-E - /1 '-------' N 00'15'24" W L..N ~;4-:;';::- ~ ~ 25.00' S 00'15'24" E 52.00' 25.00' TEMPORARY DRiVEWAY RESTORATION EASEMENT NO. 238 TDRE1 (1 ,300:t SQUARE FEET) TEMPORARY DRIVEWAY RESTORATION EASEMENT " . (DUf{A~: 3 "1'EAR~ C[- a to S 89'44'36" W 52.00' a Lf) NOT TO SCALE O.R. BOOK 2733 PAGE 951 P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R/W = RIGHT OF WAY SHEET 1 OF 1 LEOAL DESCRlPTlON AND SKETCH PREPARED BY McKlM&CREED, PA STATE OF FLORIDA CEATlFICATE OF AUTHORIZATION No. La 6666. CLIENT: COWER CO. I CH2MHILL '"- , .-",:'<'; '>::':. ':.,1. ;,/' '<'\1,(' ".." ~A-4~ JEFFREY M.~T1L.L - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REQISTRAilON LICENSE No. LS 6389 " " , " ',,' J , ,,:,'j:"~:'~\'~I';)'" '-,:": ,:~ (~\ "'.~: \ ji ,.'"."i PROJECT: OIL WELL ROAD DATE: AP11L 14, 2007 ~ ~&CREED ~ . "'..,'''' " 6241 ARC WAY FORT MYERS, FLORIDA, 33912 PHONE: (239) 276-8676 Fax: (239) 275-7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566 INTERNET srrE: HTTP:/MWW.MCKlMOREED,COM i '/ i ' , . . " '.... ',,', 1681 EXHIBIT "0" TO Oil WEll ROAD AGREEMENT LEGAL DESCRIPTION AND SKETCH PAGE 4 OF 7 Temporary Driveway Restoration Easement Parcel No. 238 TDRE2 (This is not a Field SUNey) DESCRIPTION A parcel of land lying in Section 22, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described os 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 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 Road and the Point of Beginning; thence leaving said south right-of-way line S 00'15'24" E for 30.00 feet; thence N 89.44'36" E for 64.00 feet; thence N 00'15'24" W for 30.00 feet to an intersection with the aforesaid south right-of-way iine of Oil Well Rood; 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 I 1625.94' N 89'44'36" E ~ NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 22-48-28 N ~ Oil WEll RD, (C.R. 858) W + N 89'44'36" E 0;,.1 0.'" I S 89.44'36" W c:i ~ 64.00' "'81 / - - '?J- _ .,---!XIS~ RIG~-~INE_ P 0 B ---./'1 I N 89"44'35" E ' . . I I /1 1------- N 00"15'24" W '---------' 30.00' S 00.15'24" E N 89'44'3~" E \ 3QOa 5~00 TEMPORARY DRIVEWAY RESTORATION EASEMENT NO. 238 TDRE2 (1 ,920:!: SQUARE FEET) TEMPORARYOR~AY RESTORAllON EASEMENT (DURATION: 3 YEARS '!" .. ... ~ - .' / (t- D "' "0 "' NOT TO SCALE O.R. BOOK 2733 PAGE 951 P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R/W = RIGHT OF WAY L.EGAL DESCRIPTION AND SKETOH PREPARED BY McKlM&CAEED. PA STATE OF FLORIDA CEAl1FICATE OF AlJrHORIZA.T10N No. LB 6566. SHEET 1 OF 1 aLIENT: COLLIER CO./ CH2MHILL PROJECT: OIL WELL ROAD ",,'," I'" ,J !" JEFFREY M STILL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA AEQISTRA110N UCENSE No, LS 6388 DATE: APl1L 14, 2007 ':j:; " ;f~ ':\ t~ .:', , :';, '-: .' ~ ~&CREED ~ 6241 ARC WAY FORT MYERS, FLORIDA, 33912 PHONE; (239) 275-8875 Fax; (239) 276~7029 FLORIDA CERTIFICATE OF AllTHORlz..o..nON No. LB 6566 INTERNET SITE: KTTP:/tvVWW.MOKJMCREED,COM i.' ., r' \ '. i 't d:",~' L.. 168 1 EXHIBIT "0" TO OIL WELL ROAD AGREEMENT LEGAL DESCRIPTION AND SKETCH PAGE 5 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, Tawnship 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 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 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 TEMPORARYDRWEWAY RESTORAl1ON EASEMENT (OUijATIO!'I: :5 YEARS . , , , NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 23-48-28 f I 1051.34' N 89'44'36" E ~ N -" OIL WELL RD, (C"R. 858) W . N 89"44'36" E 0;..1 0""1 .l{) o~ l{)8! / ';t- EXISTING RIGHT-OF-WAY LINE - ~ - --r - ~8ffi'3~- P.o,s./I I I 1"- N 00'15'24" W ~ -8;'~':;6::- ~ ~ 24.00' S 00'15'24" E 53.00' 24.00' TEMPORARY DRIVEWAY RESTORATION EASEMENT NO. 240 TDRE1 (1 ,272:t SQUARE FEET) / It- o l{) S 89"44'36" W 53.00' -0 l{) NOT TO SCALE O.R" BOOK 2733 PAGE 951 P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R/W = RIGHT OF WAY LEGAL DESCRIPTlON AND SKETCH PREPARED 8Y McKlM&.cREED PA STATE OF FLORIDA CERTlFiCATE OF AlJrHORIZATlON No. La 6006. SHEET 1 OF 1 CLIENT: COLLIER co, I CH2MHILL "" PROJECT: OIL WELL ROAD " . . \ " ' . ,. i',i~.:. '\" . :,'..1 i! . .,'1/ ;;',.:,',-;,,:\ .j/, \'.:;l..'. 1,1 "",. ,'/ , ," ! ..~ '., " ,', I JEFFREY M. 511LL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FlORIDA REGISTRATION UCENSE No, LS 6369 DATE: APTIL 14, 2007 \\'1,.<'" i, ~ 1v.H<Uv!&CREED ~ 6241 ARC WAY FORT MYERS, FLORIDA, 33S12 PHONE: (239) 275-8675 Fax: (239) 275-7029 FLORIDA CEAllFlCATE OF AUTHOAIZA.T10N No, LB 656e INTERNET SITE: HTlP:lNIWW.MCKIMCREED.COM ;~~:~\:::. ,;-;' :':i '.: I, ~'_', .," < ~. l: . , " " 'w;'\'--':" ',-," , "\,', \:.....'- , " ~ . " j" I, 168 1 EXHIBIT "0" TO OIL WELL ROAD AGREEMENT LEGAL DESCRIPTION AND SKETCH PAGE 6 OF 7 Temporary Driveway Restoration Easement Parcel No. 240 TDRE2 (This is not a Field SUNey) DESCRIPTION A parcel of land lying In Section 23, Township 48 South, Range 28 East, Collier County, Florida, being more particulorly described as follows: Commence at the northwest corner of said Sectian 23; thence N 89"44'36" E along the north line of the Northwest Quarter (NW 1/4) of said Section 23, soid north line also being the existing center line of Oil Well Rood (C.R. 858, 100' Right-of-Way), for 2016.83 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 Road and the Point of Beginning; thence 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 an intersection with the aforesaid south right-of-way line of Oil Well Road; thence along said sauth right-of-way line S 89"44'36" W for 55.00 feet to the Point of Beginning. Containing 1,100 square feet, mare 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 / 2016.83' N 89"44'36" E ~ NORTH LINE Of THE NORTHWEST QUARTER Of SECTION 23-48-28 N b OIL WELL RD" (C,R, 858) W + N 89'44'36" E 0;;.1 o~ I d~ Lf)81 / C/) + EXISTING RIGHT-Of-WAY LINE - ---./'-r- - -I - N 8'9-44'367[ - p.o.a./I 1,------ l-_____.J N 00"15'24" W N 89"44'36" E ~ 20.00' S 00'15'24" E 55.00' 20.00' TEMPORARY DRIVEWAY RESTORATION EASEMENT NO. 240 TDRE2 (1,100:t SQUARE FEET) TEMPORARY DRIVEWAY RESTORATION EASEMENT . (DU~~:3Y~: ' I C[-- '0 Lf) S 89"44'36" W 55.00' b Lf) NOT TO SCALE O.R. BOOK 2733 PAGE 951 P.O.B. = POINT Of BEGiNNING P.O.C. = POINT OF COMMENCEMENT RjW = RIGHT Of WAY LEGAl DESCRIPTION AND SKETCH PREPARED BY McKlM&.cAEED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION No.LB 6566. SHEET 1 OF 1 CLIENT: COLLIER CO./ CH2MHILL ~ A. 4-~ JEFFREY M. s11L1.. - PROFESSiONAL SURVE'(OA AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No, LS 6389 ..\,"'.\:'/ "j.. '}/."1 . .' ~., )01 ";'"",,, ':1 \, ,.I ; .,.:, ,;:) PROJECT: OIL WELL ROAD DATE: AP11l14, 2007 ~ M=I<IM&CREED ~ ~ ."'" ,. 6241 ARC WAY FORT MYERS, FLORIDA, 33912 PHONE: (23Q) 275-6876 Fax: (239) 276-7029 FLORIDA CERTlFlCAlE OF AllTHORIV>.TJON No. La 6566 INTERNET SITE: J-fITp://VV'tNv'.MCKlMCREED.COM i. " ;,',j:';, ii,' .. :.~.' ~ ,.j 1681 EXHIBIT "0" TO Oil Well ROAD AGREEMENT LEGAL DESCRIPTION AND SKETCH PAGE 7 OF 7 Temporary Driveway Restoration Easement Parcel No. 240 TDRE3 (This is nota Field SUNey) DESCRiPTION p, parcei of land lying in Section 23, Township 48 South, Range 28 East, Coliier County, Florida, being more particularly described as follow's: 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 00'15'24" 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-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. Containin9 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. N W CORNER OF SECTION 23-48-28 I 2254.95' N 89"44'36" ~ NORTH LINE OF THE NORTHwEST QUARTER OF SECTION 23-48-28 N E -., Oil WEll RD, (C,R" 858) W · N 89'44'36" E 0:..1 O_N I o~ "'81 / - _ + _ _ ~N~~T-~Y~ ~I I N 89'44'36" E P,O,S./ I 1"-- L---_______...J N 00"15'24/1 W N 89'44'36" E \ 24.00' S 00"15'24" E 82.00' 24.00' TEMPORARY DRIVEWAY RESTORATION EASEMENT NO, 240 TDRE3 PAGE 951 (1,968:!: SQUARE FEET) TEMPORARY DRIVEWAY RESTORATION EASEMENT " (OUIV>~ 3 YeAR~. . I ct- ""0 "' S 89"44'36" W 82"00' ""0 "' NOT TO SCALE O.R. BOOK 2733 P .O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R/w = RIGHT OF WAY LEGAL DESCRIPTION AND SKETCH PREPARED BY MCKlM&CREED, PA STATE OF FLORIDA CEA11FICATE OF AUTHORlZA1l0N No. La 6566. SHEET 1 OF 1 oLlEm: COLLIER CO./ OH2MHIll ,'.,,:'. ',,~:;rl,';1l;,\,;:'::1 PROJECT: Oil WELL ROAD JEFFREY M. STILL - PROFESSIONAL SURVEYOR AND Iv\A.PPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 6369 OATE: APTlL 14, 2007 <'?\ /r; \,',.,,\ , ~ IvH<nv.t&CREED ~ 6241 ARC WAY FORT MYERS, FLORIDA, 33912 PHONE: (239) 275-8675 Fax: (23Q) 270..7029 FLORIDA CERTIFICAtE OF AUTHORIZATION No. La 6566 INTERNET SITE: HTTP://tMNW,MCKIMCAEED.COM : I J ~., . ;, " . ' '" . ",.,., EXHIBIT Page I of RESOLUTION NO. 01. 247 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 WHEREAS, with tbis 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 Elerrumts, mandates that a policy be adopted for access management of the roadways of Collier County; ,nd WHEREAS, access to arterial and collector roadways must be planned and controlled so that the safety, capacity and operating conditions of the roadways will nol be adversely impacted; and WHEREAS, Collier County has adopted by resolutions the specific designation for Livingston Road and Collier Boulevard (CR 951) as controlled and limited access facilities. NOW, THERFORE, BE IT RESOL YEn BY 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 attacbed 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. arc hereby directed to apply this Policy in the development of roadway improvement projects and review and pennitting of all development projects. This Resolution adopted after motion, second, and majority vote. DATED: ~.1.', 2/>" I ATtEST: ',!ilrtft-.1isl~, CLERK BOARD OF COUNTY COMMISSSIONERS COLLIER COUNTY, FLORIDA BV~ James D. er, PhD., Chainnan Bv: t:-/tI..., '7'"~... -..LRe Attest &s to Chairman's ,SlggtareOlll,. Approved as to form and legal sufficiency: 1681 E 13 1681 EXHIBIT E Page 2 of-1L. 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, 92442 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 c1s.isification system and standards is intended to protect public safety and general welfare, provide lor 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 prinmily through traffic and secondarily abutting properties and that generally has signal spacing of two miles or less. 2.02 Classes - categories oCarterials 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. 2.05 Connection Spacing - the allowable distance between connections, measured from the closest edge of pavement of the first connection to the closesr edge of pavement of the second connection, exclusive ofradii, along the edge of the traveled way. 2.06 Controlled Access - means access, median openings, and traffic signals are highly regulated. 2.07 Comer 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 turn and merge lanes, where a roadway segment is part 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 Service~ Division of Collier County administered by the Transportation Administrator or hiSJber duly authorized representative. 2.10 Pull 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, rai.~ed 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. 2.13 Median Opening Spacing - the allowable spacing between openings in a median 10 allow for crossing of opposing lanes of traffic to access other roadway facilities, property access or provide for V-turn movements. The spacing distance shaH he measured from centerline to centerline of openings along the traveled way. Page 1 of7 EXHIBIT Page 3 of E I~ 2.14 Pennitting Authority - Project Review Services oflhe 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 permitting process, being reviewed and approved by the Transportation Services Division of Collier 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 nonnally, but oot required to be, parallel to a controlled or limited access facility, which has a primary purpose to maintain loca] road continuity, provision of access to adjacent parcels or development and minimizing 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 tbe traveled way. 2.18 Significant Change - a. cbange in tbe use oftbe 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, eitber 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 Transportation Engineers. Where such additional traffic is proposed or projected, the property owner shall contact the Permitting Authority to determine if a new permit application or modification to an ex.isting pennit 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 permit or ex.isting access connection, a new permit application shall not be required. 2,]9 Traveled Way - the portion of the roadway for the movement ofvehic1es. exclusive of shoulders. 2,20 Turn Lane - that portion of the roadway dedicated to the turning movement (left-, right-, OT U- turning) of vehicular traffic onto or ofT of the through traffic lanes to adjacent streets or developments. A turn lane must be long enough to acconunodate enough turning vehicles to allow the free flow of the through traffic. SECTION THREE: CONNECTION PERMIT REOUlREMENTS 3.01 Connection permit applications on all public roadway facilities shall be reviewed in accordance with the requirements of Ordinance 82-91, as amendcd 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 arc further defLned and described in Section Four of this Polley. 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 Collier County. These features ;hall be brought into reasonable conformance when new connection permits are 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 pennit process, shall be issued a Page 2 of7 1681 ~~H~I!f ~ 1 6 8 1 conforming permit by the Pennitting Authority for a single connection pursuant to th.is Policy. If additional connections arc requested and approved, they shall be considered non-conforming and shall contain restrictions andlor removal provisions. 3.04 Access class standards represent desirable requirements for each access class. As segments of roadways are analyzed and cormection 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 Pcnnitting Authority to provide sufficient location specific traffic operations and safety requirements. In such instances, the Pennitting 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. ].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 o'Nnership Jruly, however, as part of the pennit 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 toral 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 bonafide contract for sale may be considered as separate ownership from the parent tract for the purpose of this Poticy. Such leasehold interests or contracts may not, however, be the sole criteria for determining separate ownership for purpose of implementation of this policy. ].08 The speed criteria referred to in Table I, 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 pennit application process ofthi5 Policy. 3.09.1 If, due to property size, comer clearance standards of this Policy cannot be met, and where joint access which meets or exceeds the 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 U!ie or conflicting traffic volumes/characteristics, then corner clearance measurements in Table 2 may be used to permit connections. Such properties, for the purpose of this Policy, are called "isolated comer properties", ].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. ].09.2.2 Where joint or alternate access meets or exceeds the applicable cornl'ir clearance becomes available, the permittee shall close the permitted connection, unless the permittee can then show, by presentation of competent evidence, that such closure is not feasible because of conflicting (and Page 3 of7 EXHIBIT Page 5 of use, conflicting traffic volumes/characteristics, or existing structures preclude a change in the existing connection. 3.09,) The comer clearance measurements for the isolated comer properties set forth in Section 3.09.1 above, shall be as defined in this section, ClaSSC!I J through 8, inclusive. 3.09.4 Comer clearances for "isolated comer properties" are as follows: TIlble2 Corner Clearance at Intenec:t1ons Position Approaching intersection Approaching intersection Departing Intersection Departing Intersection WITH MEDIAN Access Allowed Right InlOut Right In Only Right In/Out Right Out Only Standard (Feetl 115 75' 230(125)' 100 Codel A B C D Posldon Approaching intersection Approaching intersection Departing Intersection Departing Intersection WITHOUT MEDIAN Access Allowed Full Access Right In Onl/ Full Access Right Out Onl/ Standard fFeetl 230(125) 100 230\125)' 100 Codel C D C E I _ Refer to Figure I. 2 _ Subject to case-by-case analysis; may be increased depending on traffic characteristics and inlersection geometry. J _ 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 Yo mile from the limited-access interchange (includes the entire limited-access right-of-way frontage) shan 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 controUed access and arterial roads within the fiI"!lt 'I. or ';' mile. respectively, or fIrst 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 pennit process, if no reasonable access to the property exists and iftbe Permitting Authority review of the connection pennit application provided by the applicant detennines 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 cOlUlCctions. 3.10.2 The distance to the first median opening shall be at least 1320 feet as measured from the end of taper of the egress ramp. 3.10.3 Connections and median openings meeting spacing standards may not be pennitted in the location requested in the permit 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, safety. or operation characteristics of the interchange or the limited access highway or roadway would be adversely affected. 3.11 Locations for proposed signalization meeting signal warrants which arc at intervals closer than the ~tandard for the access class for the roadway segment shall be considered by the Pennitting 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 thc traffic and signal information provided by the applicant in the connection pennit application. Page4of7 E 13 168 1 . EXHIBIT E Page " nf-1L 168 1 SECTION FOlJR: ACCEs..'I; CLASS DESCRIPTIONS AND STANDARDS 4.01 The access classification system and standards arc shown in Table I. The Access Management Classifications are arranged from the most restrictive (Class 1) to the least restrictive (Class 7). The standards for each class are differentiated where the posted speed limit is greater or equal 10 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 cOMections. 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. 4.01.2 Access Class 2, ContIOlIed Access Roadways. These are highly controlled access facilities distinguished by the ability to serve high speed and high volume traffic over long 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 wit! 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.rcstrictive median treatments or no median treatments. 4,01.5 Access Clas! 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 nol 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 oul to the maximum intensity and where significant land use or road widening win 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 CLASSIFICA TJON TO ALL ARTERIAL AND COLLECTOR ROADWAYS Access Management Classifications (Class 1 through 7 as defined in Section Four) are based on the criteria detailed in Section 5.02. These criteria take into accounl the functional classification as well as other Page 5 of? EXHIBIT Page 7 of 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. 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 Stale Highways which shall be classified by the Florida Department of Transportation using their own criteria and where the Board of County Commissioners 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 Boulevard (CR 951) from US 41 10 Immokalee 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 10 a specific segment of roadway shall be the responsibility of the Transportation Services Division witb ultimate approval by the Board of COWlty Conurussions. The classification decision shall take into consideration the potential for the desired access management classification 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: The current and potential functional classification of the roadway; Existing and projected future traffic volumes; Existing and projected state, local and Metropolitan Planning Organization transportation plans and needs, including consideration of new or improved parallel facilities; Drainage requirements; Adjacent land use characteristics (existing and projected); Local land use plans, zoning and land development regulations as set fortb in the Growth Management Plan; Type and volume of traffie requiring access; Operational aspects including corridor accident history; Availability of reasonable access to an arterial or collector roadway by way of adjacent local !:treets as an alternative to a direct connection to an arterial or collector; 5.02.10 Cumulative effect 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 951) as Access Class I 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 shaH be consistent with the intent to provide for the preservation of capacity and the safety of the traveling public. 5.01 5.02 5.02,1 5.02.2 5,02,3 5.02.4 5.02.5 5.02.6 5.02,7 5.02,8 5.02.9 SECTION SIX: REVIEW AND MODlFlCATlON OF CLASSIFICATIONS 6.01 The Transportation Services Division shall review the Access Management Classifications for specific segments of arterial and collector roadways when a major change in any of the factors Page 60f7 E 1681 I~ EXHI~I! ...El6 8 1 Page f .....l.L. noted herein have occurred or atulually, whichever occurs first. 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 suo::h 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 submittc:d to the Board of County Conunissioners 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 Commissioners. Page 7 of7 Ul c a: <I: c z ~ Ul C z <I: .....Z Wo ..j- lll!;;( ~~ LL iii Ul :3 lJ (f) Ul w lJ lJ <I: :E....(!)N" :::Jo(Z~ :::e ZUW..... -(!)o(--' Z-o..- illllll~ (!) Z Z w a.. o z :S o w :i :i :::J :i Z i 0:: o~ ~(! -I=' !.W --,W ..Ju. :::J LL '" lO 101,() N 1.01.0 . . .-':NN OOOLO . . .00 o o ~~~<~<o Z~~Z~Z; M - ~~g~~~g Z~(oZ~ZM ~ :i~1=' ~t=ttj 80000 ~:rl!!::.M~!:e~~~gjLt) Zz(!)-Z~oooo~ ;;:zZ C")CCtOMM IlIIIlO:O- ....COf.OMM (J~ a.. III " ,5 2 :c- O; J!l 0- J? 'E E . -g ~ '" 1'l 0. '" . C " ~ '~ . 00 = ~ '0 " '6 ~ ,;;- III ~ ~ " ~ , :;; 0- .2 " ill E 00 ~ C '" C B 15 '" ,g 00 C 0 g 'C i;' - C 7i '" . E 00 ~ " ,~ . g 'C !!! j ~ -" ~ 5 0 Jj !!! C " .. 0> . 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