The URL can be used to link to this page

Agenda 07/22/2008 Item #10CAgenda Item No. 10C July 22, 2008 EXECUTIVE SUMMARY Page 1 of 75 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve a Developers Contribution Agreement (DCA) between VICTORIA ESTATES, LTD., MAGPOND, LLC, MAGPOND—A, LLC, MAGPOND—B, LLC, NEW MAGPOND, LLC, NEW MAGPOND —A, LLC, and I -75 ASSOCIATES, LLC, (The Developers) and Collier County (The County) to accept certain easements, modify buffer requirements, define Developer commitments and establish fiscal responsibilities for improvements on Collier Boulevard, Magnolia Pond Drive and Noah's Way to facilitate the County's Collier Boulevard roadway expansion project 60001. OBJECTIVE: To obtain BCC approval of the DCA to accept certain easements, modify buffer requirements, define Developer commitments and establish fiscal responsibilities for improvements on Collier Boulevard, Magnolia Pond Drive and Noah's Way to facilitate the County's Collier Boulevard roadway expansion project 60001. CONSIDERATIONS: The County is in the process of designing a modified six (6) lane section of Collier Boulevard from Davis Boulevard to the Golden Gate canal north of I- 75. The section will contain an additional northbound and southbound drop lane which will terminate at Davis Boulevard going south and City Gate Boulevard N. going north. This design will allow 8 lanes of through traffic for a portion of the project which will optimize the at grade improvements through the 1 -75 interchange. The project also contemplates the future signalization of Collier Boulevard with City Gate Boulevard North and Noah's Way. The project footprint requires an expanded water management system and additional Right -of -Way (ROW) to accommodate this design. The Developers own two adjacent PUDs (Collier Boulevard Mixed Use Commerce Center PUD and Golden Gate Commerce Park PUD) that have frontage on Collier Boulevard, Magnolia Pond Drive and Noah's Way. The PUD's have commitments to provide a portion of the necessary ROW and a portion of the water management necessary to complete the Collier Boulevard expansion project. The Developers are responsible for site related access improvements, compensating ROW and the construction of sidewalks and bike lanes. The Developer is also constructing the extension of Noah's Way to align with the intersection of Collier Boulevard and City Gate Boulevard North. The Developer has submitted two Site Development Plans (SDPs) that have incorporated the necessary intersection improvements but do not provide sufficient water management and ROW necessary to accommodate the modified roadway project. The County has requested additional ROW, water management and an expanded design for Noah's Way to accommodate the roadway project. The Developer and the County have worked together to identify areas where the design for the roadway project and the SDPs can be engineered to minimize the impacts and avoid condemnation. The County and the Developer have agreed to the following items to avoid delay, condemnation and additional costs; Agenda Item No. 10C July 22, 2008 Page 2 of 75 • The Developer has agreed to provide 6.6 acres of water management within the South PUD to accommodate the stormwater needs for the roadway project. • The Developer has agreed to additional ROW easements and a coordinated slope, Florida Power & Light and temporary construction easement. • The Developer has agreed to fund his fair share of the intersection improvements on Collier Boulevard at Noah's Way and Magnolia Pond Drive within 90 days of the approval of a construction contract for the Collier Boulevard roadway project. The total fair share has been limited to $563,000. • The Developer has agreed to expand Magnolia Pond Drive to accommodate the development traffic and background traffic. • The Developer has agreed to construct Noah's way as an expanded section that will accommodate the development traffic and background traffic. Noah's Way will be open for public use but will be maintained by the Developer. • The County has agreed to $100,000 in impact fee credits for the expansion of Noah's Way and Magnolia Pond Drive in excess of the Developer's project traffic impacts. • The County has agreed to reduce the landscape buffers but still require the same plant material density as shown on the attached exhibits. • The County has agreed to construct the sidewalks and bike lanes as part of the Collier Boulevard Roadway project. • The County has agreed that this DCA satisfies all of the Developer's transportation obligations outside of impact fees. • The parties have agreed to a first- come/first- construct option for the drainage pipe and storm water pond. • The parties have also agreed to defer the construction of the landscape buffer along Collier Boulevard until the roadway project is complete so as not to interfere with the roadway project. The Right Of Way department has appraised the value of the ROW and stormwater pond at approximately $2,263,000 million dollars (see attached memorandum). The Developer would be responsible to provide a portion of that through PUD commitments and compensating right of way as a result of the site related impacts. Without this agreement, the County would have to proceed with condemnation and also consider improvements to Magnolia Pond Drive and Noah's Way. The County and the Developer have acknowledged that the value of these reductions, modifications and construction agreements are difficult to ascertain but agree that by working together we have avoided the delay and the significant costs associated with condemnation. FISCAL IMPACT: This agreement will benefit the County and the Developer by avoiding the costs associated with additional County funded improvements, delays, condemnation and related damages to the Developer and the County. All County obligations as part of this agreement will be paid from the Collier Boulevard project # 60001. GROWTH MANAGEMENT: This Developer Contribution Agreement and associated roadway improvements are consistent with the goals and objectives of the Collier County MPO 2030 Long Range Transportation Plan adopted January 12, 2006 and the currently adopted five year work program. Agenda Item No. 10C July 22, 2008 LEGAL CONSIDERATIONS: The attached agreement has been reviewed by Iibee 3 of 75 Office of the County Attorney and is legally sufficient for the Board of County Commissioners' consideration and approval. —JAK RECOMMENDATION: That the Board of Commissioners approves this DCA between the Developers and Collier County to accept certain easements, modify buffer requirements, define Developer commitments and establish fiscal responsibilities for improvements on Collier Boulevard, Magnolia Pond Drive and Noah's Way to facilitate the County's Collier Boulevard roadway expansion project 60001. Prepared by: Nick Casalanguida, Director, Transportation Planning Attachments: 1) Developers Contribution Agreement; 2) Exhibits; "A ", `B ", "C ", "D ", "E ", " F ", "G" and "H"; 3) Appraisal Memorandum; 4) Locus Map Page 1 of 2 Agenda Item No. 10C July 22, 2008 Page 4 of 75 file://C: \AgendaTest \Export\ 111 -July% 2022% 202008 \10 %2000UNTY %20MANAGER %... 7/15/2008 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10C Item Summary: This item to be heard at 4.00 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve a Developers Contribution Agreement (DCA) between VICTORIA ESTATES. LTD., MAGPOND, LLC, MAGPONDA, LLC, MAGPONDB.. LLC. NEW MAGPOND, LLC, NEW MAGPONDA, LLC, and 1 -75 ASSOCIATES, LLC, (The Developers) and Collier County (The County) to accept certain easements, modify buffer requirements, define Developer commitments and establish fiscal responsibilities for improvements on Collier Boulevard, Magnolia Pond Drive and Noahs Way to facilitate the Countys Collier Boulevard roadway expansion project 60001, (Nick Casalanguida, Transportation /Planning Director) Meeting Date: 7/22/2008 9:00:00 AM Prepared By Nick Casalanguida MPO Director Date Transportation Services Transportation Planning 7/312008 1:36:52 PM Approved By Nick Casalanguida MPO Director Date Transportation Services Transportation Planning 712/2008 4:04 PM .._. Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 71312008 2:48 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 7/312008 4:10 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Administrator Date Community Development & Community Development & 7/312008 8:13 PM Environmental Services Environmental Services Admin. Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 7/7/2008 2:20 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 7/8/2008 3:53 PM Approved By file://C: \AgendaTest \Export\ 111 -July% 2022% 202008 \10 %2000UNTY %20MANAGER %... 7/15/2008 Page 2 of 2 Agenda Item No. 10C July 22, 2008 Page 5 of 75 Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 7/9/2008 11:15 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/9/2008 11:47 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 7/9/2008 4:57 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 7/1112008 1:44 PM Commissioners file: / /C:AAgendaTest\ Export\ 111 - July% 2022,% 202008 \10.%2000UNTY %20MANAGER %... 7/15/2008 Agenda Item No. 10C July 22, 2008 Page 6 of 75 DEVELOPER AGREEMENT THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this of 2008, by and between VICTORIA ESTATES, LTD., a Florida limited partnership, MAGPOND, LLC, a Florida limited liability company, MAGPOND —A, LLC, a Florida limited liability company, MAGPOND—B, LLC, a Florida limited liability company, NEW MAGPOND, LLC, a Florida limited liability company and NEW MAGPOND- A, LLC, a Florida limited liability company (hereinafter collectively referred to as "Victoria ") and 1 -75 ASSOCIATES, LLC ", a Florida limited liability company (hereinafter referred to as "Associates ")(Victoria and Associates hereinafter collectively referred to as "Developer"), with an address at 8441 Cooper Creek Boulevard, University Park, FL 34201, and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County "). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, as amended. RECITALS: WHEREAS, Associates, is the owner of approximately 25.29 + /- acres of commercially zoned land in unincorporated Collier County, Florida, in the Golden Gate Commerce Park Planned Unit Development, Ordinance No. 00 -15, as amended (referred to as the "North PUD "). A legal description of said 25.29 + /- acre development site located within the North PUD, together with a graphic rendering, is attached as Exhibit "A," and Associates seeks to develop this site pursuant to that certain pending Site Development Plan Application No. SDP -AR -8572, as may be amended (the "North Development "); and WHEREAS, Victoria is the owner of approximately 25.83 + /- acres of commercially zoned land in unincorporated Collier County, Florida in the Collier Boulevard Mixed -Use Commerce Center PUD, Ordinance No. 01 -10 (referred to as the "South PUD "). A legal description of the said 25.83 + /- acre development site within the South PUD, together with a graphic rendering, is attached as Exhibit `B," and seeks to develop this site pursuant to that certain pending Site Development Plan Application No. SDP -AR -9022, as may be amended (the "South Development "). The South Development and the North Development will hereinafter be referred to collectively as the "Development" or "Developments,"; and WHEREAS, Section 8.5.5 of the South PUD provides that the "proposed stormwater management system for the project shall provide for the six -lane condition of Collier Boulevard runoff' (the "Collier Boulevard Stormwater Requirement "); and WHEREAS, the North PUD does not have any requirements for dedicating lands for drainage or right -of -way for the expansion of Collier Boulevard; and WHEREAS, the County is designing the Collier Boulevard expansion as a modified six — lane roadway (containing eight lanes abutting the North and South PUD) from its intersection with Davis Boulevard to the Golden Gate Canal which abuts the boundaries of the South PUD and North PUD; and Page 1 of 18 Agenda Item No. 10C July 22, 2008 Page 7 of 75 WHEREAS, in order to preserve the Collier Boulevard road project, and to reduce costs of future condemnation, when the presently undeveloped portion of the Developments would be developed, the Developer has agreed to grant to County certain right -of -way easements and slope and utility easements along Collier Boulevard, a drainage and sidewalk easement along the south side of Magnolia Pond Drive and a drainage easement for the construction of a roadway stormwater retention and treatment pond at a location yet to be determined within the South PUD (hereinafter collectively referred to as the "Easements ") over certain lands within the Developments which are required for said road project in exchange for Road Impact Fee Credits, consistent with the County's Consolidated Impact Fee Ordinance; and WHEREAS, the infrastructure improvements which are the subject of this Agreement are required by the County to accommodate the expansion of Collier Boulevard pursuant to the County's Growth Management Plan; and WHEREAS, Developer is willing to enter into this Agreement provided that the Developments as shown on SDP -AR -9022 and SDP -AR -8572, as amended, will not be deemed non - conforming or in violation of any County ordinance or regulation applicable to the Developments as a result of the granting of said Easements; and WHEREAS, this Agreement satisfies the conditions for approval of Developer's Site Development Plans that were stipulated at the time the zoning for the North and South PUDs was extended on September 11, 2007; and, WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the Easements and all other terms and conditions set forth in this Agreement (hereinafter referred to as the "Proposed Plan ") is in conformity with contemplated improvements and additions to the County's transportation network; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board finds and reaffirms that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth- necessitated capital improvements and additions to the County's transportation system; and c. The Proposed Plan is consistent with both the public interest and with the comprehensive plan, including the most recently adopted five -year capital improvement program for the County's transportation system, the Long Range Transportation Plan and complies with the requirements of the Collier County Consolidated Impact Fee Ordinance. WITNESSETH: Page 2 of 18 Agenda Item No. 10C July 22, 2008 Page 8 of 75 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: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. On or before December 15, 2008, the Developer shall (subject to the terms of this Agreement) grant the following Easements to the County: (i) a drainage easement, the purpose for which is more particularly described in Paragraph 13, over Developer's lands within the South PUD at a location yet to be determined; (ii) a 15 foot wide drainage and sidewalk easement across the north 15 feet of the lands described in Exhibit "B (the South PUD); and the portion as is depicted in exhibit "D ", subject to change as may be agreed to by both parties and (iii) slope, utility (FPL power poles) and right -of -way easements for the expansion of Collier Boulevard across Developer's lands within both the North and South PUD's. Developer expressly authorizes the County to permit the installation of private utilities, such as electric, telephone and cable television, within this Slope Easement with the understanding that it shall not destroy or compromise the Developers' parking lot, structures or landscape buffers. Installation of private utilities shall be limited to be within the first five feet west of the new ROW easement line. The general forms of said easement instruments are attached hereto as Exhibit "C" with the legal descriptions and sketches of same attached hereto as Exhibit "D ", except that the legal description and sketch of the drainage easement whose purpose is described in Paragraph 13 cannot be prepared as yet, so that only a graphic depiction of the drainage easement in its approximate future location is possible (see Exhibit "F "). Such Easements shall be free and clear of all liens and encumbrances, except for those encumbrances listed on the opinion of title attached hereto as Exhibit "H" and other matters of record not timely objected to by the County as being title defects (the "Permitted Exceptions "). Subsequent to the effective date of this Agreement, County will pay the costs of any title work and searches and shall provide Developer sufficient time to cure any such title defects. The County's failure to timely provide said notice of title defects shall constitute its acceptance of the Permitted Exceptions. Developer shall be responsible for all costs for promptly removing any liens encumbering said drainage easements or curing any title defects revealed in such title work (but only to the extent such are timely objected to by the County), except for the Permitted Exceptions. Upon receipt of the Closing Documents from Developer, the Office of the County Attorney shall review same for form and legal sufficiency. Within thirty (30) days of receipt of Closing Documents from Developer, County shall notify Developer of any changes, corrections, additional curative instruments, or certificates of authority desired by the Office of the County Attorney. Developer shall have thirty (30) days from the date of notice from County to resubmit to County revisions, corrections, additional curative instruments, and/or certificates of authority. All costs of recording the Closing Documents shall be paid by the County. With respect to this provision, time is of the essence. 3. All of the Easements referenced in this Agreement are being acquired for public use, in lieu of future condemnation. Accordingly, it is expressly agreed that the provisions of the Page 3 of 18 Agenda Item No. 10C July 22, 2008 Page 9 of 75 LDC §1.04.04B (Ordinance No. 2006 -07) shall apply to this Development and none of the landscape buffers, sign placement, sidewalk and bike path modifications in Paragraphs 4 and 5 identified in Exhibits (El through E -5) in this Agreement and the Developments' construction in reliance on these development standards shall be deemed as non - conforming as a result of the Easement grants. Should LDC § 1.04.04B as may be amended, or its successor law, be less restrictive on the Developments, it shall prevail. 4. Associates shall grant an Easement to County across the North PUD property as depicted on Exhibit "E -1," so that County may widen Collier Boulevard to a modified six (6) lane condition with additional northbound and southbound drop lanes totaling eight (8) lanes along the frontage of both the North and South PUDs and to accept additional stormwater from Collier Boulevard in its eight (8) lane condition, and County shall allow the landscape buffer width along the Collier Boulevard frontage of both the North and South PUD's to be reduced as shown on Exhibit "E -1 ". Maintenance of said buffer shall be Developer's responsibility. Construction of sidewalks and bike paths or payment in lieu of sidewalks and bike paths shall not be required of Developer along the boundaries of its lands that abut Collier Boulevard. County shall be responsible for construction of the sidewalks and bike paths along Collier Boulevard. 5. County has determined that Magnolia Pond Drive should be expanded to four (4) lanes at its intersection with Collier Boulevard. County agrees that the landscape buffer width along both sides of Magnolia Pond Drive where it abuts Developer's lands shall be reduced and on the south side of the road, because of the location of the County's water line and as requested by County Utilities, the types of plantings for buffer shall be modified as depicted on Exhibit "E -4 ". Developer shall not be required to maintain more than a five foot separation between the County's water main and any drainage pipe or other utilities. Graphic depictions of the expanded Collier Boulevard, Magnolia Pond Drive and the reduced landscape buffers are attached hereto as Exhibits "E -2, E -3 and E -4 ". Maintenance of said buffer shall be Developer's responsibility. Developer is responsible for construction of a six (6) foot wide sidewalk only on the south side of Magnolia Pond Drive where it abuts the South Development, however, bike paths or payment in lieu of sidewalk and bike paths shall not be required of Developer along the boundaries of its lands that abut Magnolia Pond Drive. Developer shall remove two (2) feet from the existing eight foot sidewalk on the north side of Magnolia Pond Drive, so as to avoid constructing widened roadway over the County's water line. 6. Installation of landscape buffers in areas where the County has been granted slope and FPL power pole easements on the Developer's lands shall not be required as a condition for the issuance of any permits, approvals or Certificates of Occupancy from the County for the Developments. However, upon completion of the County's improvements to Collier Boulevard, the Developer shall install the landscape buffers in compliance with the terms of this Agreement. 7. Should the Developer commence construction of the South Development prior to the time that the County has commenced construction of the roadway improvements abutting the Developments, the Developer shall, subject to reimbursement by the County, install the drainage pipe in the drainage and sidewalk easement over a portion of the north 15 feet of Page 4 of 18 Agenda Item No. 10C July 22, 2008 Page 10 of 75 the South PUD, as depicted in Exhibit "D ", subject to change as may be agreed to by both parties. The County shall reimburse the Developer within 60 days of request, for all costs and fees supported by contract documents and construction invoices provided by the Developer as certified by the Developer's engineer and approved by the County's engineer for the construction and installation of the drainage pipe. County shall provide construction plans of the drainage pipe to Developer by December], 2008. 8. As the owner of the lands subject to the drainage easement and the drainage and sidewalk easement, Developer shall retain ownership of all material excavated for the pond as depicted in Exhibit "F". Should the County commence construction of the roadway improvements prior to the time that the Developer has commenced construction of the pond, the County shall, subject to reimbursement by the Developer, construct the pond. The Developer shall reimburse the County within 60 days of request, for all costs and fees supported by contract documents and construction invoices provided by the County as certified by the County's engineer and approved by the Developer's engineer for the construction and installation of the pond excluding the drainage pipe. 9. The Developer shall be solely responsible for any mitigation for any listed species and wetlands impacts mitigation required by any permitting agencies on the remaining portions of its properties located within the North PUD and South PUD. If requested by Developer, County shall be a co- applicant on any such permits. No compensating right - of -way will be required from Developer for any turn lanes on Collier Boulevard or Magnolia Pond Drive. 10. The credit for Road Impact Fees identified herein shall run with the Development, and may be used only after one - hundred percent (100 %) of the existing road impact fee credits for the Development have been exhausted, such new credits for Road Impact Fees under this Agreement shall be reduced by the entire amount of each Road Impact Fee due for a Building Permit issued thereon until the Development project is either completed or the credits are exhausted or otherwise no longer available, or have been assigned by operation of or pursuant to an assignment agreement with County. The foregoing reduction in the Road Impact Fees shall be calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit is issued. The credits set forth herein shall be applied solely to Road Impact Fees, and shall not offset, diminish or reduce any other charges, fees or other Impact Fees for which the Developer, its successors and assigns are responsible in connection with the development of their lands. It is expressly understood that the new Impact Fee Credits under this Agreement will be utilized only after one - hundred percent (100 %) of the existing road impact fee credits for the Development have been exhausted, and then in the order in which the Building Permits are reviewed by the Impact Fee Administration, irrespective of whether Developer assigns all or part of the Development. 11. As part of Developer's contributions to County, Developer has provided engineering and legal services; entered into a third -party agreement to accept stormwater from the expanded Collier Boulevard; provided rights -of -way easement for the expansion of Collier Boulevard; right -of -way easement and construction of expansion of Noah's Way. Developer is granted Transportation Impact Fee Credits in the amount of One Hundred Page 5of18 Agenda Item No. 10C July 22, 2008 Page 11 of 75 Thousand Dollars ($100,000.00) for these contributions. Consistent with the Collier County Consolidated Impact Fee Ordinance, the Credits may be used by the Developer or its successors and assigns in the impact fee district of the Development, and all adjacent impact fee districts. Notwithstanding anything to the contrary contained herein, these Road Impact Fee credits may be assigned at any time to any other development within the same or an adjacent impact fee district provided that all parties to this assignment of impact fee credits comply with all then current rules and procedures of the Collier County Impact Fee Administration section, and execute all then- current County approved assignment forms, if any. 12. Developer shall receive any other impact fee credits Developer is entitled to 13. In order to satisfy its obligations for the Collier Boulevard Stormwater Requirement, Victoria shall accept its proportionate share of the stormwater runoff from the western four lanes of the modified six (6) lane condition with additional northbound and southbound drop lanes totaling eight (8) lanes of Collier Boulevard (CR -951) between west bound entrance ramp to I -75 and the Golden Gate canal, not to exceed 6.6 acres of right -of -way (the "West Right -of- Way"); A water management easement is necessary for the attenuation of stormwater from the West Right -of -Way. A graphic rendering of the easement is attached hereto as Exhibit "F ". A graphic rendering of the West Right -of- Way is attached hereto as Exhibit "G ". The County shall look to other property owners to accept all additional stormwater runoff generated by the Collier Boulevard expansion project. Associates have entered into an agreement with the owners of the residential portion of the South PUD to accept the drainage from the West Right -of -Way. Subject to applicable Federal, State and local governmental approvals, Developer will provide County stormwater attenuation storage, water quality storage of outfall within the South PUD for its proportionate share of the Collier Boulevard Stormwater Requirement pursuant to the terms of this Agreement. The stormwater management system (the "System ") shall be designed to treat surface water to specified water quality standards pursuant to governmental permits and approvals for the South PUD. The County agrees, subject to Florida Statutes Section 768 28, that any surface water entering the System from Collier Boulevard (CR -951) will be capable of treatment to the specified water quality standards pursuant to all governmental permits and approvals for the Developments without modifications(s) to the Systems, and that surface water discharged into the System will comply with the requirements of the Country-wide National Pollution Control Discharge Elimination System Permit (and any successor permit applicable thereto), if applicable. 14. Developer shall have the option to provide County with a five (5) year performance bond to guarantee payment to County its forty percent (40 %) fair share contribution of the cost of Collier Boulevard & Magnolia Pond Drive intersection improvements for signalization, as required by the Site Development Plan conditions of approval imposed at the time the North and South PUD were extended by the County, or Developer shall have the option to apply impact fee credits issued, or to be issued pursuant to this Agreement toward such fair share contribution. Such fair share contribution amount shall not exceed a total of $300,000.00. The Developer's fair share contribution shall be due Page 6 of 18 Agenda Item No. 10C July 22, 2008 Page 12 of 75 within ninety (90) days after the County has awarded a construction contract for the roadway improvements. 15. Developer shall have the option to provide County with a five (5) year performance bond to guarantee payment to County its forty percent (40 %) fair share contribution of the cost of Noah's Circle / City Gate North / Collier Boulevard intersection improvements and signalization, as required by the Site Development Plan conditions of approval imposed at the time the North and South PUDs were extended by County, or Developer shall have the option to apply impact fee credits issued, or to be issued pursuant to this Agreement toward such fair share contribution. Such fair share contribution shall not exceed $263,000.00. The Developer's fair share contribution shall be due within ninety (90) days after the County has awarded a construction contract for the roadway improvements. 16. Developer shall diligently pursue SDP approvals and County shall expedite reviews of the SDPs. In the event that the Developer's SDPs do not receive final unappealable approval by the County by December 15, 2008, at any time thereafter, Developer may elect at its option to receive payment of fair market value for any or all of the Easements not already required to be donated without compensation by the North and South PUD Ordinances and comply with all applicable County Land Development Code requirements which are altered, reduced or otherwise waived in this Agreement and shall provide compensating right of way at no cost to the County for all site - related access improvements which include turn lanes and intersections modifications necessary to handle Development's traffic impacts 17. Based on the considerations to be paid by Developer under this Agreement, all on -site and off -site transportation related impacts related to lands owned by Developer within the South PUD and the North PUD are mitigated and satisfied by this Agreement including, without limitation, equal mitigation for operational and/or site related impacts, alternative mitigation for operational and/or site related impacts and fair -share mitigation, and the requirements of the Transportation Element and requirements of the Transportation Element and all other provisions of the GMP, LDC and all County transportation requirements are satisfied by this Agreement. 18. Developer has previously been issued Concurrency Certificates of Public Facility Adequacy for Transportation for all of the commercial square footage approved in the South PUD and North PUD, and Developer has paid one - hundred percent (100 %) of the estimated road impact fees for the Development. The County shall not withhold the issuance of any development order or Certificate of Occupancy based on the County Transportation Concurrency requirements. Final calculation of the remaining road (if any, above the paid one - hundred percent (100 %) of the estimated road impact fees for the Development) and other impact fees due will be based on the impact fee schedule in effect at the time of application for building permits for such units. Development entitlements have been vested for which the Certificates apply. 19. The balance of any impact fees due, if any, above the paid one - hundred percent (100 %) of the estimated road impact fees for the Development will be calculated at the rate schedule then currently applicable. As building permits are drawn down on the Page 7of18 Agenda Item No. 10C July 22, 2008 Page 13 of 75 entitlements, the estimated transportation impact fees already paid shall be debited at the rate of the impact fees in effect at the time of utilization. If the estimated transportation impact fee account becomes depleted, the Developer shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build -out of the Development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the Certificate is modified to delete those entitlements. 20. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 21. 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. 22. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or its successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 23. 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. 24. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service; and addressed as follows: To County: Harmon Turner Building Naples, Florida 34112 Attn: Norman E. Feder, A.I.C.P. Transportation Division Administrator Phone: (239) 774 -8872 Facsimile: (239) 774 -9370 Victoria Entities: Attn: Alicia Gayton, Esq. 8441 Cooper Creek Boulevard, University Park, FL 34201 Phone: (941) 359 -8303 Facsimile: (941) 359 -1836 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. 25. Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County Page 8 of 18 Agenda Item No. 100 July 22, 2008 Page 14 of 75 enters into this Agreement. County shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developer upon request. 26. In the event of a dispute under this Agreement, the parties shall first use the County's then — current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties the enforcement of this Agreement. 27. Any future reimbursement for excess credits shall come from future receipts by the County of Road Impact Fees. However, no reimbursement shall be paid until such time as all development, as defined by the County Manager or his designee, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years from the completion of the Development. 28. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the County shall provide Developer with written notice of the same and Developer shall have thirty (30) days to comply or commence to comply with the terms of this Agreement before this Agreement may be revoked or unilaterally modified by the County. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. ATTEST: DWIGHT E. BROCK, Clerk IRE , Deputy Clerk Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA am Page 9 of 18 TOM HENNING, CHAIRMAN Agenda Item No. 10C July 22, 2008 Page 15 of 75 REMAINING SIGNATURE PAGES TO FOLLOW Page 10 of 18 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT WITNESSES: Witness Name: Witness Name: STATE OF FLORIDA ) ss: COUNTY OF Agenda Item No. 10C July 22, 2008 Page 16 of 75 VICTORIA ESTATES, LTD., a Florida limited partnership, By: BENDERSON - VICTORIA, LC, a Florida limited liability company, Its: General Partner By: David H. Baldauf Its: Manager The foregoing instrument was acknowledged before me this . day of , by David H. Baldauf, Manager of Benderson- Victoria, LC, a Florida limited partnership, on behalf of said limited partnership, who is personally_ known to me or has produced as identification. WITNESS my hand and official seal this day of tI: Notary Public NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Printed Name Commission No. Expiration Date Page 11 of IS SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT WITNESSES: Witness Name: Witness Name: STATE OF FLORIDA ) ss: COUNTY OF Agenda Item No. 10C July 22. 2008 Page 17 of 75 I -75 ASSOCIATES, LLC, a Florida limited liability company By: David H. Baldauf Its: Manager The foregoing instrument was acknowledged before me this . day of , by David H. Baldauf, Manager of I -75 Associates, LLC, a Florida limited liability company, on behalf of said company, who is personally_ known to me or has produced as identification. WITNESS my hand and official seal this day of 2008. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name Commission No Page 12 of 18 Expiration Date WITNESSES: Witness Name: Witness Name: Agenda Item No. 10C July 22, 2008 Page 18 of 75 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT MAGPOND, LLC, a Florida limited liability company By: David H. Baldauf, Manager STATE OF FLORIDA ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me, this day of , 2008, by David H. Baldauf as Manager of MAGPOND, LLC, a Florida limited liability company, on behalf of the company, who is ( ) personally known to me or ( ) has produced as evidence of identification. Notary Public NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Printed Name Commission No. Page 13 of 18 Expiration Date SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT WITNESSES: Witness Name: Witness Name: STATE OF FLORIDA ) ss: COUNTY OF ) Agenda Item No. 10C July 22, 2008 Page 19 of 75 MAGPOND —A, LLC, a Florida limited liability company In David H. Baldauf, Manager The foregoing instrument was acknowledged before me, this _ day of , 2008, by David H. Baldauf as Manager of MAGPOND -A, LLC, a Florida limited liability company, on behalf of the company, who is ( ) personally known to me or ( ) has produced as evidence of identification. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name Commission No. Expiration Date Page 14 of 18 WITNESSES: Witness Name: Witness Name: Agenda Item No. 10C July 22, 2008 Page 20 of 75 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT MAGPOND —B, LLC, a Florida limited liability company Bv: David H. Baldauf, Manager STATE OF FLORIDA ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me, this day of , 2008, by David H. Baldauf as Manager of MAGPOND —B, LLC, a Florida limited liability company, on behalf of the company, who is ( ) personally known to me or ( ) has produced as evidence of identification. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name Commission No. Expiration Date Page 15 of 18 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT WITNESSES: Witness Name: Witness Name: STATE OF FLORIDA ) ss: COUNTY OF Agenda Item No. 10C July 22, 2008 Page 21 of 75 NEW MAGPOND, LLC, a Florida limited liability company ME David H. Baldauf, Manager The foregoing instrument was acknowledged before me, this day of , 2008, by David H. Baldauf as Manager of NEW MAGPOND, LLC, a Florida limited liability company, on behalf of the company, who is ( ) personally known to me or ( ) has produced as evidence of identification. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name Commission No. Expiration Date Page 16 of 18 Agenda Item No. 10C July 22, 2008 Page 22 of 75 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT WITNESSES: NEW MAGPOND—A, LLC, a Florida limited liability company Witness Name: IM Witness Name: David H. Baldauf, Manager STATE OF FLORIDA ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me, this day of 12008, by David H. Baldauf as Manager of NEW MAGPOND —A, LLC, a Florida limited liability company, on behalf of the company, who is ( ) personally known to me or ( ) has produced as evidence of identification. Notary Public NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Printed Name Commission No. Expiration Date Page 17 of 18 Agenda Item No. 10C July 22, 2008 Page 23 of 75 Page 18 of 18 SCHEDULE OF EXHIBITS EXHIBIT A — Legal Description and Sketch of North PUD EXHIBIT B — Legal Description and Sketch of South PUD EXHIBIT C — General Form of Drainage Easement EXHIBIT D — Legal Descriptions and Sketches of Easements EXHIBIT E — Graphic Rendering of Future R &W Easements, Landscaping Buffers and Magnolia Pond Drive Road Cross Sections EXHIBIT F — Graphic Rendering of Future Drainage Easements and Pond EXHIBIT G — Graphic Rendering of West Right -of -Way for Drainage EXHIBIT H — Opinion of Title Page 18 of 18 Agenda Item No. 10C July 22, 2008 Page 24 of 75 EXHIBIT "A" LAND DESCRIPTION A TRACT OF LAND LYING IN THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 34 RUN S87 ° 52'26 "W ALONG THE NORTH LINE OF SAID SECTION 34 FOR A DISTANCE OF 100.04 FEET TO THE WEST RIGHT -OF -WAY LINE OF COLLIER BOULEVARD (STATE ROAD S -951) AND THE POINT OF BEGINNING; THENCE RUN S00 °29'15 "E ALONG SAID WEST RIGHT -OF -WAY LINE FOR A DISTANCE OF 1275.33 FEET TO AN INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE OF ACCESS ROAD NO. 2; THENCE RUN S87 °42'52 "W ALONG SAID NORTH RIGHT -OF -WAY LINE FOR A DISTANCE OF 874.65 FEET TO A POINT OF CURVATURE; THENCE LEAVING SAID NORTH RIGHT -OF -WAY LINE RUN 40.05 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 91-47'53", A CHORD DISTANCE OF 35.91 FEET AND A CHORD BEARING OF N46 ° 23'11 "W TO A POINT OF TANGENCY; THENCE RUN N00 °29' 15 "W FOR A DISTANCE OF 667.79 FEET TO A POINT OF CURVATURE; THENCE RUN 212.40 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 60 °50'53 ", A CHORD DISTANCE OF 202.56 FEET AND A CHORD BEARING OF N29 056'12 "E TO A POINT ON A NON - TANGENTIAL LINE; THENCE RUN N00 029' 15 "W FOR A DISTANCE OF 412.52 FEET TO THE NORTH LINE OF SAID SECTION 34; THENCE RUN N87 °52'26 "E ALONG SAID NORTH LINE FOR A DISTANCE OF 797.75 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 25.29 ACRES MORE OR LESS, SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. n o I m I A ' m ' p � I A I � I U mi P P v, v a � A 8 r� e � I+ Agenda Item No. 10C July 22, 2008 Page 25 of 75 I °6 i _o_________ ____mess T -- Ig___ ______� _______________ UO NU O9 F )CTj SL'C 6C 3 ^9Z.Z9.L9 N bC NOIID3s 30 3NI1 AT iHINGF 1Z Of 9Z 3,9Z,MLQ N • Vn C) n r m _ � N N O C O Q N O EXHIBIT "A" y„. r 1 NORTH PUD ��+ n _..^^^ soC 1-75 ns M, ttC F jl! 9 i F 8%f� eaa� caoeE a3w. "'64 { !!i IT 'A' PARY, UNIVCItST'ewnR, Fi 64201 P N NIA iy GRAPFllC REND02W0 � t P5 °- s§ cs / rJ / 8pAll =- 8g 8 I i I ~ n I I I � I I °6 i _o_________ ____mess T -- Ig___ ______� _______________ UO NU O9 F )CTj SL'C 6C 3 ^9Z.Z9.L9 N bC NOIID3s 30 3NI1 AT iHINGF 1Z Of 9Z 3,9Z,MLQ N • Vn C) n r m _ � N N O C O Q N O EXHIBIT "A" y„. r 1 NORTH PUD ��+ n _..^^^ soC 1-75 ns M, ttC F jl! 9 i F 8%f� eaa� caoeE a3w. "'64 { !!i IT 'A' PARY, UNIVCItST'ewnR, Fi 64201 P N NIA iy GRAPFllC REND02W0 � t s§ I4 U / rJ / °6 i _o_________ ____mess T -- Ig___ ______� _______________ UO NU O9 F )CTj SL'C 6C 3 ^9Z.Z9.L9 N bC NOIID3s 30 3NI1 AT iHINGF 1Z Of 9Z 3,9Z,MLQ N • Vn C) n r m _ � N N O C O Q N O EXHIBIT "A" y„. r 1 NORTH PUD ��+ n _..^^^ soC 1-75 ns M, ttC F jl! 9 i F 8%f� eaa� caoeE a3w. "'64 { !!i IT 'A' PARY, UNIVCItST'ewnR, Fi 64201 P N NIA iy GRAPFllC REND02W0 � t )CTj SL'C 6C 3 ^9Z.Z9.L9 N bC NOIID3s 30 3NI1 AT iHINGF 1Z Of 9Z 3,9Z,MLQ N • Vn C) n r m _ � N N O C O Q N O EXHIBIT "A" y„. r 1 NORTH PUD ��+ n _..^^^ soC 1-75 ns M, ttC F jl! 9 i F 8%f� eaa� caoeE a3w. "'64 { !!i IT 'A' PARY, UNIVCItST'ewnR, Fi 64201 P N NIA iy GRAPFllC REND02W0 � t Agenda Item No. 10C July 22, 2008 Page 26 of 75 EXHIBIT "B" LAND DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S880 48'27 "W, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 100.01 FEET TO A POINT 100.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE RUN N00° 29'15 "W, PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 1336.33 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N00 °29'15 "W, PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 17.39 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF ACCESS ROAD NO. 2 AS THE SAME IS DESCRIBED IN O.R. BOOK 1018 AT PAGES 383 THROUGH 386 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S87° 42'52" W, ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF ACCESS ROAD NO. 2, FOR A DISTANCE OF 947.68 FEET; THENCE RUN S00 °00'00 "W FOR A DISTANCE OF 1268.88 FEET TO A POINT 60.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTHERLY LIMITED ACCESS RIGHT -OF -WAY LINE OF 1 -75 (STATE ROAD NO.93), AS THE SAME IS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY MAP FOR STATE ROAD NO. 93 (1 -75), COLLIER COUNTY, SECTION 03175-2409, LAST REVISED 1/10/80; THENCE RUN N86 °37'01 "E PARALLEL WITH SAID LIMITED ACCESS RIGHT -OF -WAY LINE, FOR A DISTANCE OF 658.52 FEET; THENCE RUN N64 °12'39 "E, PARALLEL WITH SAID LIMITED ACCESS RIGHT -OF -WAY LINE, FOR A DISTANCE OF 207.98 FEET; THENCE RUN N23 °37'28 "E, PARALLEL WITH SAID LIMITED ACCESS RIGHT -OF -WAY LINE, FOR A DISTANCE OF 57.61 FEET TO A POINT ON SAID LIMITED ACCESS RIGHT -OF -WAY LINE; THENCE RUN NO3° 19'52 "E, ALONG SAID LIMITED ACCESS RIGHT -OF -WAY LINE FOR A DISTANCE OF 496.10 FEET; THENCE RUN N04 043'13 "E ALONG SAID LIMITED ACCESS RIGHT -OF -WAY LINE, FOR A DISTANCE OF 613.98 FEET TO THE POINT OF BEGINNING; CONTAINING 25.836 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. Agenda Item No. 10C July 22, 2008 Pace 27 Qq)75 0 0 n � n m N 10 001 S! -I dN19 M'O-N SSHJJH 4311N 22 N O N' n ZS'BS9 O 3 jo,LL92 N g 9 N Ki 2 ,Z O 6, 3 "6 O � me o F 2 nV me �N I T N UC ti O I DZ m o m o µ F I I y I' m A I n I a i a c ilk I it z I maw I ww ro III �N ' I I I I I I I III �i ql B9yb6 1I 6f'Ll M .91,6Z.00 N .__ --�- T 3Na0 ONOd vl'p11]Yw ___-._ - _ ° °' ^�'.• "T� _ '�,_____�__ t 1 Y EXHIBIT 'B" i Q s p1 i I I i SOUTH PUD �`�1,l,,(tti 44 66 3 ! 3 VICIOAIw MTAMS. LID, -3 m m !! R aul cooe&ccxPrnce3w. �1T "B" N $. F i R �{ j 1 i DNIVERSP['Y PARI(FL 34201 ( �{ GRAPHIC RENDBRIIJG � PROJECT: PARCEL: FOLIO: Agenda Item No. 113C EXHIBIT C Page 28 of 75 Pace! :or= ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT THIS EASEMENT, is made and entered into this _ day of 20 , by whose mailing address is , (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee "). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non - exclusive right -of -way, drainage and utility easement to enter upon and to install and maintain roadway, bikepath and sidewalk improvements, drainage structures, including but not limited to ditches, swales, earthen berms, rip -rap and retaining wall systems, underground pipes, various types of water control structures and any and all manner of public and private utility facilities over, under, upon and across the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land and to place and/or excavate materials for the purpose of constructing, operating, and maintaining roadway, sidewalk, drainage and utility facilities thereon. "Utility facilities" includes public as well as private utilities, such as electric, telephone and cable television, but only if such facilities have Collier County's consent and proper authorization. This easement includes the right to remove and use any and all excavated material. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: (Signature) (Print Name) (Signature) (Print Name) Agenda Item No. 1 C EXHIBIT_ C Page 29 of 07$ pop—&-M a STATE OF _ COUNTY OF The foregoing Right-of-Way, Drainage and Utility Easement was acknowledged before me this day of , 20, by who: is personally known to me OR produced as proof of identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: Last Revised: 2/01/07 PROJECT: PARCEL: FOLIO: SLOPE EASEMENT Agenda Item No. 10C EXHIBIT S Page 30 0008 f 75 THIS EASEMENT, made and entered into this day of , 20_, by , whose mailing address is , (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee "). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non - exclusive slope easement for the purpose of construction and maintenance of an earthen fill slope 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 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 and maintaining an earthen fill slope thereon. Grantor expressly authorizes Grantee to permit the installation of private utilities (overhead poles and wires), such as electricity, telephone and cable television, within this Slope Easement with the understanding that the installation of said utilities by private utility companies shall not destroy or compromise the Grantors' parking lot, structures or landscape buffers. Installation of private utilities shall be limited to the first five feet west of the new Right -of -Way Easement line. All other uses of the easement area are reserved unto the Grantor including, but not limited to, the right to construct or install over, under and upon the fill slope any and all manner of improvements and /or structures otherwise permitted under Collier County's Land Development Code. This easement includes the right to remove and re -use any and all excavated material within the easement area. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. EXH�ge�a July 22, 28 pip _Page 31 of 75 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: (Signature) (Print Name) (Signature) (Print Name) STATE OF COUNTY OF The foregoing Slope Easement was acknowledged before me this day of 1 20_,by ,who: is personally known to me OR produced as proof of identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: Last Revised: L /as /09 Project: PARCEL: Folio No.: DRAINAGE EASEMENT Agenda Item No. Ic EXHIBIT C July 22, 2g08 p,,,_:IL—Page 32 of 75 THIS EASEMENT, made and entered into this day of , 20_, by , whose mailing address is , (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee "). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non - exclusive drainage easement to enter upon and to install and maintain drainage structures and facilities, including but not limited to ditches, swales, earthen berms, rip -rap and retaining wall systems, underground pipes, and various types of water control structures over, under, upon and across the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS 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. 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: (Signature) (Print Name) (Signature) (Print Name) STATE OF COUNTY OF EXHIB ere ltey z °zq s P —� Stage 33 of175 I I The foregoing Drainage Easement was acknowledged before me this day of , 20_, by , who: is personally known to me OR produced identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: Last Revised: 2/01/07 proof of PROJECT: PARCEL: FOLIO: SIDEWALK EASEMENT Agenda Item No. 1bC EXHIBIT C 'age23 oQ05 aew�f a THIS EASEMENT, made and entered into this day of , 20 , by , whose mailing address is , (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee "). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non - exclusive sidewalk easement for the purpose of construction and maintenance of a sidewalk 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 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 and maintaining a sidewalk thereon. This easement includes the right to remove and use any and all excavated material. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: (Signature) (Print Name) (Signature) (Print Name) EXHIBITgeea Item No. tbC July 22, 2008 Page 8 of $Wage 35 of 75 The foregoing Sidewalk Easement was acknowledged before me this day of , 20_, by , who: is personally known to me OR produced identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: I, Revised'. 2101/07 proof of ! \ ! / ■ i• t! | | F, _� � _._ i§ § � }! \ (�\ t2 /( -)} »B � \ \) } \ EXAM I'lueg � loc � � 1a k \ ) \ ) §§ f ■| �§ �(\ , \q | � -| &; S \ §; })7/ } \\ �\ \ ) §§ f ■| �§ �(\ , \q | � -| &; S \\ �\ "§ | fq§ (§ i �N E ■\§ Ef * r. | §; w| ; & / G | J 7 © § [ BZ �� § ■/ « �G §| { ■k �)!% `!;2 ! z ,R,, w! t■ ■� )| \ www, §§ �sk . k: > /| §§ ®! k§ » to !« !w :■ 5522 E �� m% %% #; 2r |§ m 99 zu ®/ % 4g %+ / /° , / ) #\2! / @ ag §/ / / #q {y 0 ) a !e ;r; §; aq u®v &uw,G: !; k� k§ §#! |§ !( f { § *f §OF K; !� \ Agenda 6m No. ,c 201D �� (`277%7 d § ! ® ® *. k E ® k z / ®_ t� // & ® \ !( ```® E;! ° «;� o ■a (|7)\w) 2 \ ! . A §f §,! §§ ` r V. ZC6 Lj ZO B ,§ ■■ ® {/ C # a 9 � ■ ud (� :z § §S�® ;» z �£.. :: ,§ < 2) 2* || =m!§§/ @!E@ ;, 7- ; }\ u\ }( |; rE ��wwEe «| ww&w |® ,■ _� «EBB- , -w� �� ®| kE e / 9ag222 # 2 q #33kh9 06 R 4 `§E` %%:! ■f E( e N§ E.E ji �,r, : k:¥ :! R w� 2! \ / §§ � R @„ a *l ;;■��w zm@m N ZZZZ z=2 , ° 2� R / §w§ * * §§§§ / §; _\ ;: UNPLATTEO LAND i O.R. BOOK 2797 PAGE 3287 MAGNOLIA POND ORD $ N gNp OYn s ad a.�a 'O v z Im O in N n n e m ,w , o: J 1 OC SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF 1 SECTION 34 SECTION 34 SECTION 35 DESCRIPTION OF RIGHT - OF-WAY EASEMENT: SECTION 34 SECTION 35 A Portion of Section 34, Township 49 South. Range 26 East, Collier County, Florida. A13o being a portion of those lands described in Official Records Book 2825, page 3107 of the Public Records of Collier County, Florida. Being more particularly described as follows: Commencing at the southeast corner of the northeast quarter corner of said Section 34: thence North 00'29'21" West along the East line of sold Section 34, a distance of 1,352.49 feet, thence South 89'30'39" West, a distance of 100.00 feet to the intersection of the West right -of -way line of Collier Boulevard and the South right -of -way line of Mbgnalio Pond Drive also being the northeast corner of said described lands and the POINT OF BEGINNING; thence South 00'29'21" East along sold West righl-ol-woy line and the easterly boundarly line of said described ends. a distance of 17.39 feet: thence continuing along said West right -of -way fine and sold easterly boundary line $outn 04'43'31" West, a distance of 107.93 feet; thence North 0929'26" West, a distance of 323.17 feel to a point an the South right -of -way fine o` said Magnolia Pond Drive and the northerly boundary line of sold described lands: thence North 8742'52' East along said South right -of -way line and sold northerly boundary line, a distance of 28.01 feel to the POINT OF BEGINNING. Containing 4,766.64 square feet, more or less. REV,I REVISED TO CHANCE PARCEL NAME AND DESCRIPTION TYPOS 01/10/08 EXHIEIT D pepa_Af_a._ LINE TABLE LINE LENGTH BEARING L1 17.39 1" L2 28.01 1 N6742'5 2-E lis � � I 0 25 sa ,m gds GRAPHIC SCALE NOTES: 1. This is not a survey. 2. Basis of bearing is the East line of Section 34, Township 49S., Range 26E., Collier County, Florida. being N OV29'21" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown person are per plat, unless otherwise noted 5. Dimensions are in feet one decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8, P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 1 1. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E, represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. Hr T, . (FOR THE FIRM) FLA. LIC. Nor. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. SKETCH & DESCRIPTION OF PARCEL 112 FEE A PORTION OF OI10 SECTION 34, TOWNSHIP 49 S., RANGE 26 E., T"w"ee"'"" �„',.ad COLLIER COUNTY FLORIDA ... ...•e.w.e.�.w_.w....»«.... --..- 'rAlx oboe I down IoW I cesdo Inn I W nu. ipploi so: mrzr pluswn fill else INDIA GCS00 Tito DJH IC -49 N8015- SOU -00I ll2 FEE ar % IC -49 1dn :a. zoos - Ieoli:07 TOSB0keslx.\su�cever oLd\cw2MHIUNTC- e9\,c- 49- PU5.419 _10C 2008 of 75 UNPLATTED LAND LINE O.R. BOOK 2797 L1 PACE 3287 L2 MAGNOLIA POND DRI1 O Vr Zry Sn^ O ooh gacwi inn �o u Z ot a m 0 m ti POE to se9vdas•w 3 ` n N o / Y s If Ban l U N Of CC w J O �i POC SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 34 SECTION 34 SECTION }5 DESCRIPTION OF SLOPE EASEMENT SECTION 34 SECTION 35 A Portion of Section 34, Township 49 South, Range 26 East. Coliier County, Florida. Also being a portion of those lands described in Official Records Book 2825, page 3107 of the Pudic Records of Collier County, Florida. Being more particularly desdribed as follows: Commencing of the southeast corner of the northeast quarter corner of said Section 34; thence North 0029'21" West along the East line of cord Section 34 o distance of 1,352.49 feet; thence South 89'30'39" West, a distance of 100.00 feet to the inlenection of the West rig nt -.I -way line of Collier Boulevard one the South ri9nt -of -way line of Magnolia Pond Drive sold point elsa being the northeast corner Of said described lands; thence South 8742'57 west along said South hint- al -.ay line and the nortnery doundpry, line of said described loads, O distance of 26.01 feet to the POINT OF BEGINNING; thence South 0029'25 East, o distance of 323.17 !eat to o point on the West right-of -woy line of Collier Boulevard sold point also lying on the easterly boundary line of said described fonds; thence South 0443'31' West along sold West right -Ol -way line and said easterly boundary line, o distance of 55.00 feet; thence North 0029'26' West, o distance of 377.78 feet to o point on the South right -of -woy line of said Magnolia Pond Drive said point also lying on nortrerly boundary line of said described lands; thence North 8742'52" East along said South right -Of -way line and said n.,i boundary line, a distance of 5.00 feet to the POINT OF BEGINNING, EXHIBIT D Page Page --1 6 LINE TABLE LINE LENGTH BEARING L1 28.01 5 742'52 w L2 55.00 06'47'31 "w L3 5.00 N T4 'S2'E '' pul o n n To was SCALE NOTES 1. This is not a euryey. 2. Basis of bearing is the East fine of Section 34, Tow i 49S., Range 26E., Coble. Counly, Flmidd, being N 0029'29" W. Florida State Plane Coardlnote. NAD 83/90, East One. 3. Subject l0 easements, resterVOlidns and restrictions of ....To, 4. Easements shown hereon are per plot, Ynlese Otherwise noted. 5. Dimensions are in feet ono decimam thereof. 6. Certificate Of authorisation LB 41 1. R/W represents Right -of -Way. B. P.O.B. represents Paint of Beginning. 9. P.O.C. ....... nk. Paint of Commencement. 10. O.R. represents Olfkial Recoils. 11. L.B.E. .or ... at. Landscape Buffer Easement. 12. U.E. represent. Utility Easement. 11 F.P.L.E. represents Florida Power k Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16, P.U.E. represents Public Utility Easement. DA� P.S.k {FIRM) Fin. LC. NO 834 NOT VALID MTHOVT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER Containing 1,252,38 square feet, more or less. REV.I REVISED TO CHANCE PARCEL NAME AND DESCRIPTION TYPOS 01/10/08 This is NOT a Survey. CH29HILL SKETCH & DESCRIPTION OF PARCEL 112 TCE �.er -sine A PORTION OF 7 V SECTION 34, TOWNSHIP 49 S., RANGE 26 E., d; hoYe" GCS00 TMO I DJH I IC -49 I N6015- SOU - 001112 TCEOF01�112 XX C- 40C -40 Ith 10, 2008 - 1. 11 .19 TOSBOPNEIX \STIR \collier elyd \CH ]utlill \tC- t9 \1C -4Y -r rtad�q 10C 2008 of 75 « � ! | § ; | §( ;\ §; � \ \�; � ] {| § |, {� I it K § § Q [ ( § | � § ; | \ \\ 2/ $ � §) \( / \ � f \2}/ : }\\/ 11 On C5 C5 \¥ (\ m) E §§ § §+ §N E! ||mow ; ■ »/! §/ /f§| §; |z |! «> «: /{ \q // !!§«;Kw led, ,c J UT � :( \ \ i\ ®2/ E § $ \$ %ow § }!« § §_ |\ ) |§ ; ■( \/ !\ §§ \\ / \§ vi ,\ ;! d az vi {45 \ i\ ®2/ E § $ \\( %ow § }!« § §_ |\ ) |§ ; ■( \/ !\ §§ \\ / \§ vi ,\ ;! d az vi Agenda Item No. 10C Pa�u'�ul, 2005 r ° e o z :9 N o x �f -� —_� •- I �s M� ° a.P w 0 Z. a �W e Np gg< E rg4yy o u wz .88 y yya at 0 z z i rm F eP gg. r i i 6 .Q. pG1 xa&9 F 0 • N i` °z. n a to sx X L RO ZO X 11 0M, Ls 0° M.tOAl°X M M .tOALOU Z Z O O W C f° Z —_ n s' n Sj V Z � I NJ m 3 e ° LL ZU O I: ¢ < D K Z < p n W� a�J p d P I O NN Lm- �` s q {ij WLL U'N zE paz w aW U a wi paw wi m Q � as z�+w =i a �w < �vi nl g w ° wd LLK i " I 2 y Z~ °L�W W �NO r rat 0" a U 86 w �W H� wO�r Oi -Wr�fK Z� W¢ O y WLLW � LL Z NLL✓�1w..e� 0- W -61 a°y Y3�° ,0 L, w gL 20 wOwZ NOn°iP(>W 2p O I� Vzz� 3� 0� WN .JW O�fWrQIW/i ULL W�Nw JL I i.. O OQ p�000L6 O w N oYpe) aVUU ¢ O ?L D <L 0 6w aU Va13 �O ZZZ ZN 3rrrr w Wp 'Z pz Ly. hw Sz Z Fr OLL NVIN I/I L. S ODD0000 LLZ aJ L T �O ON_ ZOZZ p N^aSOL Ka Z Iwl once. V UV .P a6Q aa2 <F mW IP p z r3m 3�3r Vii�i3 w3i vrw Zz J "r �" OQ <NV O�O� ��n✓t Op- v NU KW L r0 Wp ZOP�Yh P'O�m� NW la im oB0 mO° 0° QZ 3 LL 5VI92�0 U0� ZZi Z_ 02 O F W �V W W -WD VwUZUm UVUUUUL Z U = &S z JJ 32 -2�2N zzZZ z w wwwWWWw $" a� ��0'o dk' I Agenda Item No. 10C COWER BOULEVARD MIXED USE COMMERCE July 22, 2008 C�R F.UM. (VAC�n Page 42 of 75 Ili ------- ----- -- m > v 01 cn 0 -n, cl) m m M m z 0 TV, t m > cn m my m pm Pw m im 0 0 i z 0 1 1 1 z m 0 0 0 > 0 cn 0 11 Fri i I m 0 0 ;U i R: > c: U- 0 r i M 0 7) -n 0 -n > 0 m -0 M m Oulu 0 — — — — — — — — — — — — — — — - �j 1 GO y v Ar, 16 O xi o cc) 1, Z-cn 6' D"§ 7 11 > coC n co o�m j,"! EXHIBIT "E-111 GOLDEN GATE CONUAMCE 11 low PARK PUD easi COO COLUERBOMEVARD PROPOSED R.O.W. EASEMENTS Agenda Item No. 10C 1 July 22: 2008 Page 43 of 75 MATCHLINE�� zmi 9 i m C D ! Z o ti i - .,i�`fl•.. AN Q O r m 0 r o 0 OM O ! zc 1 c O M i I� v5-- o c p c3 j i1I'� D x �� .,ym 0M I�'. z o ! A O y �O z m "\ M z a o �� NQ NOAH'SdNAY' h i r i �� IIII Illlllll� s. I�o a o m .. - z ! z n MATCHLINE 09 1 y i c EXHIBIT "E -2" GOLDEN GATE CONMIERCE PARK PUD I -75 ASSOCIA ,LLC M GNOU POND DR ROADWAY �1COOPE PAFM E W 6F ! !! N F �I AND LANDSCAPE HUFPHRS/LASBM1ffiN[5 S�N�VOtS[CY PARK, PL 36191 ! �[ i v m m rn i i i � II ii i Z r O D n0 x C) O M v M_ C i 0 r cn Z, fR mm 0 I � O ' Z <A D = 0 o D 4 00 -CH 0 z 0 O � D A r 0 m i M ' N Ov Q= X Z _ -- K0�z D X m G) N Z r X OD iZ O — Z i �A 6) a m., ml c u h 0 C 0 C O M y i I� IN w II I i II �I � N 0 0 00 AZ QI I.> m 0 G) G 0 m 0 ° MA i z I A I I I I I ICI mnx X C: A K W z OQ O 0 ° 1 I 1 i I �I; I' C) q0z A Or —_ 0<5 D O Z a �-enda Item No. 10C July 22, 2008 ■ O I Page 44 of 75 m �m �i z Is fn < I■ f/ i m -i 0 0m cn x �� u cn 22 II, ■ ■cD m< I �TOO; I 'M0 D II in i■ m M I■ owl L--- \- Z C O O = T77:)— Z fl5e11 SGlE: I - ]O' EXHIBIT "E -31I GOLDEN GATE ClOrIERCE .. II{ 'Itii i Hansa d o M �• I •�" m �� 3 PARK PUD I -)f AssoQA" , sal coorme cnemcecw. �{ I {� I ImscnPee Dimaex ra sDWa +�s �Menax. ei M"I Agenda Item No. ,c :m yz ! Page ««a �| :29 jk\ : i;E § ( ox / ) \S} \\ , § § §\� W'/ M O�0 , 2 _ �k` ! ° W� ! r ~ _ )�� . §$§ �� \ 5-J a - -- 1 � � ® \ 8w ~^ \ ( ° 29 2 �/ G q r a\M it q 21 0 §) )§ u;/ §� ~ ) r/ \ �§ } �§ §) ( § \,| \ §i \ � °` § f }f ) � x / \§ (;`; . / M §t� ® ®(� °( �) > \\ 2 ` } )§ �0 £XHIBI "E-4" | �� |• lmH� GO y�� -- �� '` j _ _S SEMON e __?AM r_\ \. Agenda Item No. 10C July 22, 2008 pv D o Q Page 46 of 75 vo zo MM im .yUti$ IRO mo N \ M mmv C7 D Z.2 �. o H O Z gamy om �z= y /�/� O mr<-4 -\ s O V�J r OAO; µ Z'y� y C� y9 m _ 111 ON i �1\ -IM DO m A Oy m o m 0 y mm� O O z Q 6 M m0 0 x e m0 u m v Z - Z 07 m W < 0m z M Ny o yy yy _ A InAT,yi D O Z �bXpa �I OZy �O Z19 �O < A z < CC m z wm ��-U mzG?o n� DO p0 cn zm� mx <m Am Mm c�rno C 0 A[c�o mo Fn rt :ED -4 *z 0=,o w M _ = NOI1tl2iVd3S O –i D NIW .9 (n - - - - -- - - - - -- — — — — _ -- ------------------ - - -- - - - - -- o —1 O % Q 0 ,gn'o.9 M_,9'�927d Z . ca ---- - - - - -- - - - -- ----------- -- — ------ - - - - -- 0o U) r- _ --------- - - - - -- — - . __- — — — — _ m r -n D < O j (n mo momma IIVII m y cn w m EXHIBIT "E -5" fill GOLDEN GATE COMMERCE [ �fi# PARK PUD i-nnss TBS.I [ j I s C° ea R E [ — 8941 cooeeR CR�:Rtw. !f p M y Z MAGNOLIh POND DANE -D yp,RGOy PARR,M 34301 1 [ 1 ii U In N i ROAD CROSS SEMON E i Agenda Item No. 10C July 22, 2008 _.._.. Page 47 of 75 _..—.._ .._.._.._.._....._I._.._.._.._. --------- - - - - -- --n X -- - -- - I /f----------- mom 1 v r mnz 11 I `- "z= cv- r �Or, a " �'�� lit vmm �O � m Ay 1 ra C r z < n• �. i 1 �. m zmDD OA pya .D. �9 .jam / >z `Ij I Aa j I 1 • ' � � 1 [OZK 7d YYYd irrClITnrNn �m�effiu�doo�im O'n vuYL1ps6Y Sdi aem- ao-LH�nt.LSam �O.ZI�OC'a �o QOa HMOs V BLHON _ e I f � ISM___.. o - -. -. .. ____ a � d 0 X99 • � 12 9� g � j o ,— ~ F o g` a ,'I a ' N 1� 110:[HX� 1'I 21 m^. --- - - - - -- - m Q I ':III Lu CL \ I I Q , � �p - ---1 � z a IL z Wi o 0 � min j ._..__- ..�...�..�..�..�.._... _.. _ ........._ ........... .. .._.._...... .......................... .._..�.._.. 1 I W I l� Jill III 1 7 G I W j xa i EWO ag z W EL i Dvs li, 0O � CIS LL > Ili Q N Lu ° �U W W I O U i.,,' WJ N n Z III i III Q m I � W I I�• IG I i / -_ " 6r] `SSG A- e Item No. 10C July 22, 2008 Page 49 of 75 OPINION OF TITLE E I l Z RDUE cT AL EXHIBIT- Pmp--L-.of To: Collier County, a political subdivision of the Stale of Florida With the understanding that this opinion of title is furnished to Collier County, Florida, as an inducement for execution of an agreement covering real property, hereinafter described or for acceptance of a warranty deed, easement, covenant or unity of title, as applicable, it is hereby certified that 1 (we) have examined the following: Attorneys' Title Insurance Fund Policy No. 2088950 effective May 6, 2001 at 10:41 A.M. and Chicago Title Insurance Company Ownership and Encumbrance Report covering the period from May 16, 2001 to May 28, 2008, inclusive, of the following described real property: Sec Legal Description contained in the Ownership and Encumbrance Report attached hereto. Basing my (our) opinion on said complete abstract, title policy or commitment covering the period, I (we) are of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: Magapond, LLC. a Florida limited liability company as to an undivided 36.8854 % interest, Magapond -A, LLC, a Florida limited liability company as to an undivided 15.9153 % interest, Magapond -B, LLC. a Florida limited liability company as to an undivided 39.7911 °iu interest and Victoria Estates, Ltd., a Florida limited panncrship as to an undivided 7A0S2 °'r interest. Subject to the following liens. encumbrances. and other exceptions. GENERAL EXCEPTIONS 1. Property taxes for the year 2-008, which are not yet due and payable. o K 2. Rights of persons other than the above owners who are in possession. ? 3. Facts that would be disclosed by an accurate sunny. ? 4. Any unrecorded labor, mechanics' or materialmens' lien. 7 5. Zoning and other resolutions imposed by governmental authority. o 4 SPECIAL EXCEPTIONS See the exceptions contained on Schedule "B" in the above referenced Title Insurance policy, and Chicago Title Insurance Company Ownership and Encumbrance Report dated May 28, 2008, attached hereto. Note: The Mortgage and Security Agreement set forth as Item 2 A. of the Ownership and Encumbrance Rcport has been paid in full and the Owner is awaiting the receipt CD K of a Satisfaction of Mortgage for filing with the Collier County Clerk of Court. OK MI-C-�ED cxcEPCloly ? _ MOFZ -'E RE51=ATZc NO = �xc�P� Io1J No7— I�E%rV� \TT ED As tS . jZ�QU1RED - 1`XCEPTt0N /AA`' N0T '3E PERM tT'TE✓ Agenda Item No. 10C E Hi 22008 Page Chicago Title Insurance Company O 495 State Road 436, Casselberry, FL 32707 (407)875 -3000 Fax(407)875 -3050 OWNERSHIP AND ENCUMBRANCE REPORT DATE: May 28, 2008 AGENT ORDERIFILE NO: ABERCIA NORTH/100802851 TO: KEVIN KENNEY Benderson Development Co., Inc. 8441 Cooper Creek Blvd. University Park, FL 34201 RE: Ownership and Encumbrance Report LANDS DESCRIBED IN EXHIBIT "A ", ATTACHED HERETO AND MADE A PART HEREOF, TOGETHER WITH AN INFRASTRUCTURE EASEMENT, OVER THAT PROPERTY DESCRIBED IN EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF AND TOGETHER WITH A TEMPORARY PRESERVE EASEMENT OVER THAT PROPERTY DESCRIBED IN EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF. EXHIBIT "A A parcel of land located in the Northeast quarter of Section 34, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast corner of the Northeast quarter of Section 34, Township 49 South, Range 26 East, Collier County, Florida; thence run South 88° 48'27" West, along the South line of the Northeast quarter of said Section 34, for a distance of 100.01 feet to a point 100.00 feet Westerly of, as measured at right angles to, the East line of the Northeast quarter of said Section 34; thence run North 00° 29' 15" West, parallel with the East line of the Northeast quarter of said Section 34. for a distance of 1336.33 feet to the Point of Beginning of the parcel of land herein described, thence continue North 00° 29' 15" West, parallel with the East line of the Northeast quarter of said Section 34, for a distance of 17.39 feet to a point on the Southerly right -of -way line of Access Road No. 2 as the same is described in O.R. Book 1018, at pages 383 through 386 of the Public Records of Collier County, Florida, thence run South 87= 42'52" West, along the Southerly right -of -way line of Access Road No. 2, for a distance o'947.68 feet; thence run South 00° 00' 00" West for a distance of 1268.88 feet to a point 60.00 feet Northerly of, as measured at right angles to. the Northerly limited access right -cf -way line of 1 -75 (State Road No. 93), as the same is shown on the Florida Department of Transportation Right -of -Way Map for State Road No. 93 (1.75), Collier County, Section 03175-2409, Last revised 1/10180; thence run North 86° 37' 01" East, parallel with said limited access right -of -way line, for a distance of 658.52 feet; thence run North 64° 12'39" East, parallel with said limited access right -of -way line, for a distance of 207.98 feet; thence run North 23° 37'28" E=_st, parallel with said limited access right- of -.vay line, for a distance of 57.61 feet to a point on said limited access right -of -way line, thence run, North 03` 19'52" East. along said limited access right -of -way line, for a distance -- o'496,10 feet, thence nin North 04` 43' 13" East, along said limited access ng11t -oi -way line, for a distance of 513 98 feet to the Point of Beginning Bearings refer to the East line of the Northeast quarter of Section 34, Township 49 EXHIa Item No. 10 22(.008 B Ptage �of� South, Range 26 East, Collier County, Florida, as being North 00' 29' 15" West TOGETHER WITH an infrastructure easement over that property described in Exhibit "B ". EXHIBIT "B" (EASEMENT): A parcel of land located in the Northeast quarter of Section 34, Township 49 South, Range 26 East, Collier County. Florida, being more particularly described as follows: Commence at the Southeast corner of the Northeast quarter of Section 34, Township 49 South, Range 26 East, Collier County, Florida; thence run South 88' 4B'27" West, along the South line of the Northeast quarter of said Section 34, for a distance of 1DO.01 feet to a point 100.00 feet Westerly of, as measured at right angles to, the East line of the Northeast quarter of said Section 34; thence run North 00' 29' 15" West, parallel with the East line of the Northeast quarter of said Section 34, for a distance of 1353.72 feet to a point on the Southerly right -of -way line of Access Road No. 2 as the same is described in O.R. Book 1018 at pages 383 through 386 of the Public Records of Collier County, Florida; thence run South 87' 42' 52" West, along the Southerly right -of -way line of Access Road No. 2, for a distance of 947.68 feet; thence run South 00' 00' 00" West for a distance of 1268.88 feet to a point 60.00 feet Northerly of, as measured at right angles to, the Northerly limited access right -of -way line of 1 -75 (State Road No. 93), as the same is shown on the Florida Department of Transportation right -of -way map for State Road No. 93 (1 -75). Collier County, Section 031175 -2409, last revised 1 /10180, and the Point of Beginning of the parcel of land herein described; thence continue South DO' 00'00" West for a distance of 60.1 O feet to a point on said limited access right -of -way line; thence run North 86' 37' 01" East, along said limited access right -of -way line, for a distance of 673.95 feet; thence run North 64' 12' 39" East, along said limited access right -of -way line, for a distance of 149.63 feet; thence run North 23' 37' 26" East, along said limited access right -of -way line, for a distance of 92.22 feet; thence run South 64' 12' 39" West for a distance of 207.98 feet; thence run South 86' 37' 01" West for a distance of 658.52 feet to the Point of Beginning. Bearings refer to the East line of the Northeast quarter of Section 34, Township 49 South Range 26 East, Collier County, Florida, as being North 00' 29' 15" West, TOGETHER WITH a temporary preserve easement over that property described in Exhibit "C" EXHIBIT "C" (EASEMENT)' A parcel of land located in the Northeast quarter of Section 34, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast corner of the Northeast quarter of Section 34, Township 49 South. Range 26 East, Collier County, Florida; thence run South 88` 48'27" West, along the South line of the Northwest quarter of said Section 34, for a distance of 100.01 feet to a point 100.00 feet Westerly of, as measured at right angles to, the East line of the Northeast quarter of said Section 34; thence run North 00' 29' 15" West, parallel with the East line of the Northeast quarter of said Section 34, for a distance of 1353 72 feet to a point on the Southerly right -of -way line of .Access Road No. 2 as the same is described in O.R. Book 1C18 at pages 383 ; hrough 386 of the Public Records of Collier County, Florida, thence run South 67' 42' 52" West, along the Southerly right -of -way line of said Access Road No 2, for a distance of 94768 feet Do the Point of Baoinning of the parcel of land herein described, thence continue South 87' 42' 52" West. along the Southerly right- of -:vay A _u Item No. 100 Xfl 8 Page ge0 line of said Access Road No 2, for a distance of 1584.92 feet to a point on the West line of the Northeast quarter of said Section 34; thence run South 00" 23' 55" East, along the West line of the Northeast quarter of said Section 34, for a distance of 959.23 feet to a point on the Northerly limited access right -of -way line of 1 -75 (State Road No. 93), as the same is shown on the Florida Department of Transportation Right -of -Way Map for State Road No. 93 (1 -75), Lee County, Section 03175 -2409, Iasi revised 1110f80; thence run South 74" 09'17" East, along said limited access right -of -way line, for a distance of 875.54 feet, thence run South 78° 44'38" East, along said limited access right -of -way line, for a distance of 31 8.32 feet, thence run South 87" 55' 12" East, along said limited access right -of -way line, for a distance of 318.32 feet; thence run North 86" 37'01" East, along said limited access right -of -way line, for a distance of 778.54 feet; thence run North 64° 12'39" East, along said limited access right -of -way line, for a distance of 149.83 feet; thence run North 23" 37'28" East, along said limited access right -of -way line, for a distance of 92.22 feet: thence run South 64` 12'39" West, for a distance of 207.913 feet; thence run South 86" 37' 01" West for a distance of 658.52 feet: thence run North 004 00' 00" East for a distance of 1258.88 feet to the Point of Beginning. Bearings refer to the East line of the Northeast quarter of Section 34, Township 49 South, Range 26 East, Collier County, Florida, as being North 00" 29' 15" West. Chicago Title Insurance Company does hereby certify that a search of the Public Records of Collier County, Florida from a date of May 16, 2001 at 10:41 -AM, through and including the date of May 18, 2008 at 05:00 -PM, on the land described above or shown on Exhibit A: 1. That record title to the land as described and shown on the attached description is in the name of: MAGPOND -B, LLC., a Florida limited liability company (As to an undivided 39.7911% interest); MAGPOND, LLC., a Florida limited liability company (As to an undivided 11,7353% interest); MAGPOND-A, LLC., a Florida limited liability company (As to an undivided 3.152% interest): NEW MAGPOND, LLC., a Florida limited liability company (As to an undivided 25,1501% interest); NEW of/, MAGPOND A, LLC., a Florida limited liability company (As to an undivided 12.7633% interest); and VICTORIA ESTATES, LTD., a Florida limited partnership (As to the remaining interest) 7, qV 2. The following mortgages and/or liens that affect the attached description, not satisfied or released of record: A. Mortgage and Security Agreement between VICTORIA ESTATES, LTD., a Florida limited partnership, and SOUTHTRUST BANK, an Alabama state banking corporation, recorded in Official Records Book 2825, page 3112, as modified by Amendment to Mortgage and Security Agreement recorded in Official Records Book 3060, Page 2752, Public Records of Collier County, Florida. O K 3. Additional encumbrances such as easements, restrictions, etc. are as follows: Agenda Item No.. 10C E IEM 22 A. Reservation of Oil Gas and Mineral riohts as follows Reserved by Miles Collier and Barron Collier, Jr. in deed recorded in Deed Book 30, page 91, which reservations were conveyed to Oleum Corporation by instrument recorded in Official Records Book 160, page 11; Reserved by prior owners in deed recorded In Deed Book 33, Page 202; Reserved by Brace Corporation in deed recorded in Deed Book 32, page 116, (also 35/285) and conveyed to Gerry Brothers 8 Co. by instrument recorded in Official Records Book 51, page 82 and further conveyed by Gerry Brothers & Co. to Oleum Corporation by instrument recorded in Official Records Book 160, page 39 and Official Records Book 177, page 312; Creatinc a 75% interest in the Oil, Gas and Mineral, which interest was conveyed as follows: An undivided 49.577% of the interest held by Oleum Corporation being conveyed to Marguerite R. Collier, Norman, A, Herren and George G Huntoon, as Personal Representatives under the Will of Barron Collier, Jr., deceased, by instrument recorded in Official Records Book 884, page 1555 and corrected in Official Records Book 949, Page 367; Said Interest being conveyed by the Estate in deed recorded in Official Records Book 975, pane 674 as follows- 50% of the Estate's interest to Lamar Gable. Harold S. Lynton and Marguerite R. Collier or the survivors of them, as Trustees under the Trust created for the benefit of Marguerite R. Collier under Article Sixth A of the Will of Barron Collier, Jr., said interest being conveyed by the Trustees of the Trust to Marguerite R. Collier by deed recorded in Official Records Book 1413, page 945; said interest being further conveyed to Lamar Gable, Frances G. Villere, Phyllis G. Doane and Donna G. Keller by deed recorded in Official Records Book 1413, page 1078. 25% of the Estate's interest to Lamar Gable, Harold S. Lynton and Juliet C. Sproul or the survivors of them, as Trustees under the Trust created for the benefit of Juliet C. Sproul under Article Sixth C of the Will of Barron Collier, Jr., as affected by Deeds recorded in Official Records Book 1838, page 797 and Official Records Book 2992, page 2019. 25% of the Estate's interest to Lamar Gable, Harold S. Lynton and Barron Collier If or the survivors of them, as Trustees under the Trust created forthe benefit of Barron Collier III under Article Sixth D of the Will of Barron Collier, Jr.; said interest being conveyed by the Trustees of the Trust to Barron Collier III by deeds in Ofricial Records Book 979, page 459, Official Records Book 1282, page 70 and Official Records Book 1482, pace 798. 7 (NOTE: The right of entry has been released as to Par-el 1 oN.., by Affidav�i? of (Jon - Development and Non - Production filed in Official Records Book 2345, page 3572, and Waiver of Surface Exploration Rights filed in Official Records Book 2845, page 3475, Public Records of Collier County, Florida,) (See Ajfidavit of Non - Development and Non- Production filed in Official Records Book , 2615, ?age 1480, and Waiver of Surface Exploration Rights filed in Official Records Book 2815, page '483. Public Records of Collier County. Fionda ) B Infrastructure and Temporary Preserve Easement Agreement by and beVween RALPH ABERCIA and VICTORIA ESTATES, LTD., a Florida limited partnership, filed in Official Records Book 2825, � K page 3138, Public Records of Collier County, Florida C. Contribution Agreement by RALPH ABERCIA and VICTORIA ESTATES, LTD., a Flonda limited h 1 Q partnership, and 1 -75 ASSOCIATES. LLC, a Florida limited liability company, filed in Official r V Record=_ Book 2825' jpage 3149" Public Records of Collier County, Florida. D. Agreement Regarding PUD Allocations by and between RALPH ABERCIA and VICTORIA O K ESTATES, LTD , a Florida limited partnership, riled in Official Records Book 2825, page 31 oo, Public Records of Collier County , Florida Memorandum of Shopping C=_ntar Lease between V IC�ORIA EST,�TES. LTD and TS A, STORES, 114C recorded July 32007 in OTf,Cal Records Buck 42"x2, Pace 3843, as amended in Official -11 s S, Pu bliG Records Of Records Book 4337. Page 36au Inc Cff�cial P.erords book 43'x. Page 187 Collier County, Florida Agend>s•Wt�1�. (American Land Title Associalion Owner s Policy - 10- 17.92) (With Florida Modifications) CCJJ`- Ov°�p7if FUND FORM OFM (rev. 3198) OWNERS TITLE INSURANCE POLICY Attorneys' Title Insurance Fund, Inc. ORLANDO, FLORIDA SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPU- LATIONS, ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called The Fund, insures, as of Date o£Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of. 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Fund will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipula- tions. In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND, INC. has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. 4y Attorneys' Title Insurance Fund, Inc. By Charles J. Bovalesld President SERIAL OPM- 2088950 FUND FORM OFM (rev. 3198) R/I S DOP PRIOR PRIOR UW TYPIST TW Policy No: 2088950 Amount of Insurance: 54,950,000.00 FUND OWNER'S FORM SCHEDULE A Effective Date. 511612001 ril 10:41 AM Name of Insured: Victoria Estates, Ltd., a Florida limited partnership Agenda Item No. 10C July 22. 2,008 EXHIB 14471 Page ,7 of .25 Agent's File Reference: 37935 / BH 2. The estate or interest in the land described herein and which is covered by this policy is a Fee Simple (if other, specify same) and is at the effective date hereof vested in the named insured as shown by instrument recorded in Official Records Book 2825 Page 3107 of the.Public Records of Collier County, Florida. 3. , The land referred to in this policy is described as follows: Lands described in Exhibit "A ", attached hereto and made a part hereof, together with an Infrastructure Easement over that property described in Exhibit "B" attached hereto and made a part hereof and together with a Temporary Preserve Easement over that property described in Exhibit "C" attached hereto and made a part hereof. 1, the undersigned agent, hereby certify that the transaction insured herein is governed by RESPA, _X_Yes No if Yes to the above, I have performed all "core title agent services" _X_ Yes No Issued by: Agent's Signature MIDWEST TITLE GU�(kR4NTEE COMPANY OF FLORIDA 3936 N. Tamiami Trail,)Suite A, Naples, FL 34103 Telephone No \(941) 2�2 -2163 / Fax No.: (941) 262 -7904 OWNERS POLICY SCMDULE A Agent No. 15617 TYPIST TV FUND OWNER'S FORM SCHEDULE B Agenda Item No. 10C July 22, 2008 EXHIMT 16H71 Policy No.: 2088950 Agent's File Reference: 37935 / BH This policy does not insure against loss or damage by reason of the following exceptions: 1. Taxes for the year of the effective date of this policy and taxes or special assessments which are not p shown as existing liens by the public records. 2. Rights or claims of parties in possession not shown by the public records. ? 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by 7 an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the public records. 0 1C 5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed 7 by law and not shown by the public records. 6. Any adverse claim to any portion of said land which has been created by artificial means or has 7 accreted to any such portion so created and riparian rights, if any. NOTE: The following General Exceptions are hereby deleted: I through 6 7. Taxes for 2001 became a lien on the land on January 1, 2001 although not due and payable until on or after O I� November 1, 2001 (folio #00296520006). Taxes for 2000 have been paid in the amount of $86.90. 8. Oil, gas, mineral, or subsurface rights reserved to prior owners, as pet document recorded in Deed Book 30, page 91, Public Records of Collier, County, Florida. Note: Right of Entry has been released pursuant to that Document K recorded in OR Book 2845, page 3475, Public Records of Collier County, Florida. 9. Oil, gas, mineral, or subsurface rights reserved to prior owners, as per document recorded in Deed Book 33, page 202, Public Records of Collier, County, Florida. Note: Right of Entry has been released pursuant to that Document K recorded in OR Book 2845, page 3475, Public Records of Collier County, Florida. 10. Agreement regarding PUD Allocations recorded in OR Book 28?5, page 3166, Public Records of Collier County, O 1L Florida. 'I 1. UCC -1 Financing Statement recorded in OR Book 2825, page 3134, Public Records of Collier County, Florida. O }� 12. Infrastructure and Temporary Preserve Easement Agreement recorded in OR Book 2825, page 3138, Public Records Oi� of Collier County, Florida. 13. Contribution Agreement recorded in OR Book 2825, page 3149, Public Records of Collier County, Florida. �] O OWNTER,S POLICY SCHEDULE D EXH� a91`2, 1 Page 14. Mortgage from Victoria Estates, Ltd., a Florida limited partnership, in favor ofSouthTrust Bank, dated May 11, 2001, recorded May 16, 2001, in OR Book 2625, page 3112, Public Records of Collier County, Florida, in the principal sum of $3,400,000.00. OWNERS POLICY SCHEDULE B Agenda Item No. 10C - - - - -- — -... -- — --JtA)r 2c2, 2Wg .. -.._ Page. 58 of 75 EXHIBIT page —LO —of HOLE MONTES :IfS:Y�L� -S' �S1U :I' J,.Pi✓C SOPS' 959 Encore Way Idaplet. Florida 74110-Pnone:941.254.20064ac 941.254.2099 HMA PROJECT 1"199211 • 5 /itY EXHIBIT "A" ° REF.DWG.1"B- 2944 -- LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.88- 48'27"W., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 100.01 FEET TO A POINT 100.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE RUN N.00 °29'15"W., PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 1336.33 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.00 °2915"W., PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 17.39 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF ACCESS ROAD NO.2 AS THE SAME IS DESCRIBED IN O.R. BOOK 1018, AT PAGES 383 THROUGH 385 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.87- 42'52"W., ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF ACCESS ROAD NO. 2, FOR A DISTANCE OF 947.68 FEET; THENCE RUN S.00 °00'00"W, FOR A DISTANCE OF 1268.88 FEET TO A POINT 60.00 FEET NORTHERLY OF, AS MEASURED AT PJGHT ANGLES TO, THE NORTHERLY LIMITED ACCESS RIGHT -OF -WAY LINE OF 1 -75 (STATE ROAD NO. 93). AS THE SAME IS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY MAP FOR STATE ROAD NO. 93 (1- 7B),;.OLLIER COUNTY, SECTION 03175 -2409, LAST REVISED 1/10/80; THENCE RUN N.86 °37'01 "E., PARALL'EL'WTi H SAID LIMITED ACCESS RIGHT -OF -WAY LINE, FOR A DISTANCE OF 658,62 FEET; THENCE RUN N.54 °12'39 "E., PARALLEL WITH SAID LIMITED ACCESS RIGHT -OF -WAY LINE, FOR A DISTANCE OF 207.98 FEET; THENCE RUN N.23 °37'28 "E., PARALLEL WITH SAID LIMITED ACCESS RIGHT -OF -WAY LINE, FOR A DISTANCE OF 57.61 FEET TO A POINT ON SAID LIMITED ACCESS RIGHT -OF -WAY LINE; THENCE RUN N.03 °19'52 "E., ALONG SAID LIMITED ACCESS RIGHT -OF -WAY LINE, FOR A DISTANCE OF 496.10 FEET; THENCE RUN N.04 °43'13'E., ALONG SAID LIMITED ACCESS RIGHT -OF -WAY LINE, FORA DISTANCE OF 613.98 FEET TO THE POINT OF BEGINNING; CONTAINING 25.836 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.00 °2915"W. HOLE, MONTES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 1, BY �72.\ P.L.S. m 3741 THOMAS J. GARRIS' STATE OF FLORIDA LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE ATTHE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: THENCE RUN S.B8'4B'27-W., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 100.01 FEET TO A POINT 100.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE RUN N.0062915-W., PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 1353.72 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF ACCESS ROAD NO. 2 AS THE SAME IS DESCRIBED IN O.R. BOOK 1018 AT PAGES 383 THROUGH 386 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.87 °42'52 W.. ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF ACCESS ROAD NO. 2, FOR A DISTANCE OF 947.68 FEET; THENCE RUN S.00 °00'00"W. FOR A DISTANCE OF 1268.813 FEET TO A POINT 60.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTHERLY LIMITED ACCESS RIGHT. OF -WAY LINE OF 1 -75 (STATE ROAD NO. 93), AS THE SAME IS SHOWN ON THE FLORIDA DEPARTMENT OF T P.ANSPORTATION RIGHT -OF -WAY MAP FOR STATE ROAD NO. 93 (145), COLLIER COUNTY,SECTION 03175 -2409, LAST REVISED 1110/80, AND THE POINT OF BEGINNING OF THE PARCEL OF:t.AND HEREIN DESCRIBED; THENCE! CONTINUE S.00 °00'00 -W. FOR A DISTANCE OF .60.10 FEET TO A POINT ON SAID LIMITED ACCESS RIGHT -OF -WAY LINE; THENCE RUN N.86037'01'E., ALONG SAID LIMITED ACCESS RIGHT -OF -WAY LINE, FOR A DISTANCE OF 673.95 FEET; THENCE RUN N.64 °12'39 "E, -ALONG SAID LIMITED ACCESS RIGHT -OF -WAY LINE, FOR A DISTANCE OF 149.83 FEET; THENCE RUN N.23'37'28'E., ALONG SAID LIMITED ACCESS RIGHT -OF- WAY LINE. FOR A DISTANCE OF 92.22 FEET: THENCE RUN S.64 °12'39 "W. FOR A DISTANCE OF 207.98 FEET; THENCE RUN S.8617'01"W. FOR A DISTANCE OF 558,52 FEET TO THE POINT OF BEGINNING; CONTAINING 1.164 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.00 °29'15"W. HOLE, MONTES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 B Y� ji�/k P, L, - 3741 THOMAS J. GARRIS STATE OF FLORIDA •�� =� ��'i£G1D= 50.Y� -� ass Agepda Item No. 10C July 22, 2008 5 EXHI Page_LL 1 1 f HOLE MONTES Brror:.7s- W,[:a-gzr_roFz 950 Enmre Way • Hap)m Flonaa 34110 - Phone: 941:254.2000" Far.941.2542099 - =' HM PROJECT "#1992114 5/11(1 EXHIBIT "B" REF. DWG. #B- 2944 -6 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE ATTHE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: THENCE RUN S.B8'4B'27-W., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 100.01 FEET TO A POINT 100.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE RUN N.0062915-W., PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 1353.72 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF ACCESS ROAD NO. 2 AS THE SAME IS DESCRIBED IN O.R. BOOK 1018 AT PAGES 383 THROUGH 386 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.87 °42'52 W.. ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF ACCESS ROAD NO. 2, FOR A DISTANCE OF 947.68 FEET; THENCE RUN S.00 °00'00"W. FOR A DISTANCE OF 1268.813 FEET TO A POINT 60.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTHERLY LIMITED ACCESS RIGHT. OF -WAY LINE OF 1 -75 (STATE ROAD NO. 93), AS THE SAME IS SHOWN ON THE FLORIDA DEPARTMENT OF T P.ANSPORTATION RIGHT -OF -WAY MAP FOR STATE ROAD NO. 93 (145), COLLIER COUNTY,SECTION 03175 -2409, LAST REVISED 1110/80, AND THE POINT OF BEGINNING OF THE PARCEL OF:t.AND HEREIN DESCRIBED; THENCE! CONTINUE S.00 °00'00 -W. FOR A DISTANCE OF .60.10 FEET TO A POINT ON SAID LIMITED ACCESS RIGHT -OF -WAY LINE; THENCE RUN N.86037'01'E., ALONG SAID LIMITED ACCESS RIGHT -OF -WAY LINE, FOR A DISTANCE OF 673.95 FEET; THENCE RUN N.64 °12'39 "E, -ALONG SAID LIMITED ACCESS RIGHT -OF -WAY LINE, FOR A DISTANCE OF 149.83 FEET; THENCE RUN N.23'37'28'E., ALONG SAID LIMITED ACCESS RIGHT -OF- WAY LINE. FOR A DISTANCE OF 92.22 FEET: THENCE RUN S.64 °12'39 "W. FOR A DISTANCE OF 207.98 FEET; THENCE RUN S.8617'01"W. FOR A DISTANCE OF 558,52 FEET TO THE POINT OF BEGINNING; CONTAINING 1.164 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.00 °29'15"W. HOLE, MONTES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 B Y� ji�/k P, L, - 3741 THOMAS J. GARRIS STATE OF FLORIDA •�� =� ��'i£G1D= 50.Y� -� ass Agenda Item No. 10C July 22, 2008 Page 60 of 75 EXHIBIT pop I-L HOLE 950 Encore P/ay-NaMes.Flori4a34110' Phone: 941.254.200q, Far: 911" "" HM PROJECT '41992114 511111 EXHIBIT "C" REF. DWG. RB- 2943.1 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.88`48'27"W., ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 100.01 FEET TO A POINT 100.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE RUN N.00'2916W.. PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 1353.72 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF ACCESS ROAD NO. 2 AS THE SAME IS DESCRIBED IN O.R. BOOK 1018 AT PAGES 383 THROUGH 386 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN 5.87'42'52"W.. ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID ACCESS ROAD NO. 2. FOR A DISTANCE OF 947.68 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.87-42'52"W., ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID ACCESS ROAD NO. 2, FOR A DISTANCE OF 1584.92 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE RUN S.00`23'55 "E, ALONG THE WEST LINE OF THE NORTHEAST QUARTER, OF SAID SECTION 34, FOR A DISTANCE OF 959.23 FEET TO A POINT ON THE NORTHERLY LIMITED ACCESS RIGHT -OF -WAY LINE OF 1 -75 (STATE ROAD NO. 93), AS THE SAME IS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY MAP FOR STATE ROAD NO. 93 (1 -75), LEE COUNTY, SECTION 03175 -2409, LAST REVISED 1/10180; THENCE RUN S.74- 09'17"E., ALONG SAID LIMITED ACCESS RIGHT -OF -WAY LINE, FOR A DISTANCE OF 875.54 FEET: THENCE RUN S.78'44'38 "E., ALONG SAID LIMITED ACCESS RIGHT -OF -WAY LINE, FOR A DISTANCE OF 318.32 FEET; THENCE RUN S.87 °55'12 "E., ALONG SAID LIMITED ACCESS RIGHT -OF- WAY LINE, FOR A DISTANCE OF 318.32 FEET; THENCE RUN N.86 °37'01 "E., ALONG SAID LIMITED ACCESS RIGHT -CF -WAY LINE, FOR A DISTANCE OF 778.54 FEET; THENCE RUN N.64'12'39 "E., ALONG SAID LIMITED ACCESS RIGHT -OF -WAY LINE, FOR A DISTANCE OF 149.83 FEET; THENCE RUN N.23 °37'28 "E., ALONG SAID LIMITED ACCESS RIGHT -OF -WAY LINE, FOR A DISTANCE OF 92.22 FEET; THENCE RUN S.64 "12'39"W, FOR A DISTANCE OF 207.98 FEET; THENCE RUN S.86'37'01'W. FOR A DISTANCE OF 658.52 FEET; THENCE RUN N.00'00'00 "E. FOR A DISTANCE OF 1268.88 FEET TO THE POINT OF BEGINNING; CONTAINING 44.343 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD, BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY. FLORIDA, AS BEING N.00- 29'15"W. HOLE, MONTES 8 ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB 41772 BY it (1� ,, \ IL. P.L.5. R 3741 THOMAS J. GARRIS STATE OF FLORIDA w nKStY.'ptK °- GaDeSL�J / }I tIX Agenda Item No. 10C July 22, 2008 Page 61 of 75 OPINION OF TITLE EXHIBIT 4 l 1 3 RD E , AL— Page 13 of ,zs To: Collier County, a political subdivision of the State of Florida With the understanding that this opinion of title is fumished to Collier County, Florida, as an inducement for execution of an agreement covering real property, hereinafter described or for acceptance of a warranty deed, easement, covenant or unity of title, as applicable, it is hereby certified that 1 (we) have examined the following: Chicago Title Insurance Company Policy No. 10 1299 004 00000576 effective March 29, 2001 at 8:00 A.M. and Chicago Title Insurance Company Ownership and Encumbrance Report covering the period from March 29, 2001 to May 28, 2008, inclusive, of the following described real property: See Legal Description contained in the Ownership and Encumbrance Report attached hereto. Basing my (our) opinion on said complete abstract, title policy or commitment covering the period, I (we) are of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: I -75 Associates, LLC, a Florida limited liability company Subject to the following liens, encumbrances, and other exceptions. GENERAL EXCEPTIONS 1. All property taxes for the year 2005, which are not yet due and payable. o K 2. Rights of persons other than the above owners who arc in possession. 7 3. Facts that would be disclosed by an accurate survey. 7 4. Any unrecorded labor, mechanics' or materialmens' hen. 5. Zoning and other resolutions imposed by governmental authority. O 4L SPECIAL EXCEPTIONS See the exceptions contained on Schedule "B" in Chicago Title Insurance Company Policy No. 10 1299 004 00000576 and Chicago Title Insurance Company Ownership and Encumbrance Repots dated May 28, 2005 attached hereto. Note: The Mortgage and Security Agreement set forth as Item 2 A. of the Ownership and Encumbrance Report has been paid in fall and the Owner is awaiting the receipt Q j� of a Satisfaction ofMort_age for filing with the Collier County Clerk of Court. None of the exceptions listed above will restrict the use of the property for the purposes set forth in the water and sewer agreement, assignment, warranty deed, easement, covenant or unity of title, as applicable. Chicago Title Insurance Company 495 State Road 436, Casselberry, FL 32707 (407)875 -3000 Fax(407)675 -3050 DATE: OWNERSHIP AND ENCUMBRANCE REPORT May 28. 2008 AGENT ORDER/FILE NO: ABERCIA SOUTHl100802850 TO: KEVIN KENNEY Henderson Development Co., Inc. 8441 Cooper Creek Btvd. University Park, FL 34201 RE: I t 1' '1 } 4 �J Ownership and Encumbrance Report PARCEL 1 (FEE SIMPLE) f 1• _ A tract of land lying in the North half of the Northeast quarter of Section 34, Township 49 South, Range 26 East, Collier County, Florida, and more particularly described as follows: Commencing at the Northeast corner of said Section 34 run South 87 degrees 52' 26" West along the North line of said Section 34 for a distance of 100.04 feet to the West right -of -way line of Collier Boulevard (State Road S -951) and the Point of Beginning: thence run South 00 degrees 29' 15" East along said West right -of -way r line for a distance of 1275.33 feet to an intersection with the North right -of -way line of Access Road No. 2: thence run South 87 degrees 42' 52" West along said North right -of -way line for a distance of 874.65 feet to a point of curvature thence leaving said North right -of -way line run 40.05 feet along the arc of a curve concave to the Northeast having a radius of 25.00 feet, a central angle of 91 decrees 47' 53 ", a chord distance of 35.91 feet and a chord bearing of North 46 degrees 23' 11" West to a point of tangency: thence run North 00 degrees 29' 15" West for a distance of 667.79 feet to a point of curvature thence run 212,40 feet along the arc of a curve concave to the Southeast having a radius of 200.00 feet, a central angle of 60 degrees 50' 53 ", a chord distance of 202.56 feet and a chord bearing of North 29 degrees 56' 12" East to a point on a non - tangential line; thence run North 00 degrees 29' 15" West for a distance of 412.52 feet to the North line of said Section 34; thence run North 87 degrees 52'26" East along said North line for a distance of 797.75 feet to the Point of Beginning PARCEL 2 (TEMPORARY EASEMENT): Non - exclusive temporary drainage easement for the benefit of Parcel 1 as recorded in O.R. Book 2797, page 3290, and Partial Termination of Easement recorded in Official Records Book 3186. page 2785, over and across the lands described as follows: That portion of the North 12 of the Northeast 114 of Section 34, Township 49 South Rance 26 East. lying North of the 60 foot easement known as Access Road #2, said easement being described as follows: Commence at the Southeast corner of the Northeast 114 of said Section 34, Township 49 South, Range 26 East; thence run South 88 degrees 46'27" West, a distance of 100D1 feet to the Westerly right -of -way line of S.R. S -951: thence North 0 decrees 29' 15" VVest along said right -of -way tine, a distance of 1,355.48 feet for tM jEy1IT 0 Page �Qe66� l the Paint of Beginning, thence South 87 degrees 42' 52" West, a distance of 2,531.44 feet; thence North 0 degrees 20' 07" West, a distance of 60.03 feet; thence North 87 degrees 42' 52" East, a distance of 2,531.28 feet; thence South 0 degrees 29' 15" East, a distance of 60.03 feet to the Point of Beginning. The East 100 feet of the above described property is excepted. LESS AND EXCEPT: ,A tract of land lying in the North half of the Northeast quarter of Section 34, j Township 49 South, Range 26 East, Collier County, Florida, and more particularly described as follows: Commencing at the Northeast corner of said Section 34 run South 87 degrees 52' 26" West along the North line of said Section 34 for a distance of 100.04 feet to the / West right -of -way line of Collier Boulevard (State Road S -951) and the Point of r ` Beginning; thence run South 00 degrees 29' 15" East along said West right -of -way line for a distance of 1275.33 feet to an intersection with the North right -of -way line of Access Road No, 2; thence run South 87 degrees 42' 52" West along said North 1J right -of -way line for a distance of 874.65 feet to a point of curvature thence leaving said North right -of -way line run 40 05 feet along the arc of a curve concave to the 'V 1 Northeast having a radius of 25.00 feet, a central angle of 91 degrees 47' 53 ", a chord distance of 35,91 feet and a chord bearing of North 46 degrees 23' 11" West to a point of tangency; thence run North 00 degrees 29' 15" West for a distance of 667.79 feet to a point of curvature; thence run 212.40 feet along the are of a curve concave to the Southeast having a radius of 200.00 feet, a central angle of 60 degrees 50 53 ". a chord distance of 202.56 feet and a chord bearing of North 29 degrees 56' 12" East to a point on a non - tangential line; thence run North 00 degrees 29' 15" West for a distance of 412.52 feet to the North line of said Section 34, thence run North. 87 degrees 52' 25" East along said North line for a distance of 797.75 feet to the Point of Beginning AND LESS AND EXCEPT A tract of (and lying in the North half of the Northeast Quarter of Section 34, Township 49 South. Rance 26 East, Collier County, Florida, and more particularly described as follows: Commencing at the Northeast corner of said Section 34 run South 87 degrees 52' 26' West along the North line of said Section 34 for a distance of 100.04 feet to the West right -of -way line of Collier Boulevard (State Road S -951); thence run South 00 degrees 29' 15" East along said West right -of -way line for a distance of 1275.33 feet to an intersection with the North right -of -way line of Access Road No. 2; thence run South 87 degrees 42' 28" West along said North right -of -way line for a distance of 954.19 feet, thence leaving said North right -of -way fine run North 02 degrees 17' 32" West for a distance of 199.65 feet to the Point of Beginning; thence run South 89 degrees 30' 45" West for a distance of 40.51 feet; thence run South 03 degrees 23' 04" West for a distance of 51.20 feet. thence run South 45 degrees 34'02" West for a distance of 106,01 feet, thence run South 80 degrees 32' 03" West for a distance of 422.21 feet; thence run South 87 degrees 42'28" West for a distance of 137,85 feet; thence run North 52 degrees 30' 36" West for a distance of 495.09 feet; thence run North 00 degrees 52' 22" East for a distance of 438.83 feet; thence run North 40 degrees 11' 16" East for a distance of 126.90 feet, thence run North 84 decrees 18' 56" East for a distance of 106.99 feet, thence run South 73 degrees 19' 15" East for a distance of 245.57 feet, thence run South 57 degrees 25'46" East for a distance of 342 64 feet, thence run South 16 degrees 24'07" East for a distance of 26.38 feet; thence run South 47 degrees 29' 24" East for a distance of 70.45 feet; thence run South 70 degrees 57' 37" East for a distance of 93.32 feet: thence run North 89 degrees 31' 08" East for a distance of 75.53 feet; thence run South 51 degrees 53' 33" East for a distance of 63.72 feet, thence run South 11 degrees 12' �+ 26" East for a distance of 82.19 feet; thence run North 89 degrees 30' 45" East for a distance of 56.56 feet, thence run South 00 degrees 29' 15" East for a distance of 169.91 feet to the Point of Beginning PARCEL 3 (EASEMENT) Non- exclusive drainage easement for the benefit of Parcel 1 as recorded in O.R. Book 2797. page 3300, over and across the lands described as follows: The West 30' of that portion of the North 1/2 of the Northeast 1/4 of Section 34, Township 49 South, Range 26 East, lying North of the 60 foot easement known as Access Road #2, said easement being described as follows: Commence at the Southeast corner of the Northeast 114 of said Section 34, Township 49 South, Range 26 East, thence run South 88 degrees 48' 27" West, a { distance of 100.01 feet to the Westerly right -of -way line of S.R. 5 -951; thence North 0 degrees 29' 15" West along said right -of -way line, a distance of 1,355.48 feet for the Point of Beginning; thence South 87 degrees 42' 52" West, a distance of t 2,531.44 feet; thence North 0 degrees 20' 07" West, a distance of 60.03 feet; thence North 87 degrees 42' 52" East, a distance of 2,531.28 feet; thence South 0 degrees 29' 15" East, a distance of 60.03 feet to the Point of Beginning. PARCEL 4 (ACCESS EASEMENT NO. 1 AND ACCESS EASEMENT NO. 2) Non - exclusive grant of Reciprocal Easement and Right of Use Agreement for the benefit of Parcel 1 as recorded January 25, 2001 in O.R. Book 2769, page 1238, Public Records of Collier County, Florida, over and across the lands described as follows: EASEMENT NO. 1 � G ✓��7CoY �a Ly cGZ. GJ J ll3FG`E A strip of land lying in the North half of the Northeast quarter of Section 34, Township 49 South, Range 26 East, Collier County, Florida, and more particularly described as follows: Commencing at the Northeast comer of said Section 34 run South 87 degrees 52' 26" West along the North line of said Section 34 for a distance of 100.04 feet to the West right -of -way line of Collier Boulevard (State Road 5 -951); thence run South DO degrees 29' 15" East along said West right -of -way line for a distance of 325.00 feet to a point of curvature; thence run 39.27 feet along the arc of a curve concave to the Northwest having a radius of 25.00 feet, a central angle of 90 degrees 00' 00 ", a chord distance of 35.36 feet and a chord bearing of South 44 degrees 30' 45" West to a point of tangency: thence run South 89 degrees 30'45" West for a distance of 675.00 feet to a point of curvature; thence run 408.41 feet along the arc of a curve concave to the Southeast having a radius of 260.00 feet, a central angle of 90 degrees 00' 00 ", a chord distance of 367.70 feet and a chord bearing of South 44 degrees 30'45" West to a point of tangency; thence run South 00 degrees 29' 15" East for a distance of 325.81 feet to the Point of Beginning; thence run South 00 degrees 29' 15" East for a distance of 345.43 feet to a point of curvature; thence run 38.49 feet along the arc of a curve concave to the Northwest having a radius of 25.00 feet, a central angle of 88 degrees 12' 07", a chord distance of 34.80 feet and a chord bearing of South 43 degrees 36' 49" West to the North right -of -way line of Access Road No. 2, thence run North 87 degrees 42' 52" East along said North right -of -way line for a distance of 110.05 feet to a point on a non - tangential circular curve; thence leaving said North right -of -way line run 40.05 feet along the arc of a curve concave to the Northeast having a radius of 25.00 feet, a central angle of 91 degrees 47' 53 a chord distance of 35.91 feet and a chord bearing of North 46 degrees 23' 11" West to a point of tangency: thence run North 00 degrees 29' 15" West for a distance of 341.98 feet, thence run South 89 degrees 30'45" West for a distance of 60.00 feet to the Point of Beginning. EXHI No.4f�C Page y -vf75— �ASEMENT NO. 2: A strip of land lying in the North half of the Northeast quarter of Section 34, Township 49 South, Range 26 East, Collier County. Florida, and more particularly described as follows: Commencing at the Northeast corner of said Section 34 run South 87 degrees 52' 26" West along the North line of said Section 34 for a distance of 100.04 feet to the West right -of -way line of Collier Boulevard (State Road S -951); thence run South 00 L , degrees 29' 15" East along said West right -of -way line for a distance of 325.00 feet to a point of curvature and the Point of Beginning; thence run 39.27 feet along the r , arc of a curve concave to the Northwest having a radius of 25.00 feet, a central angle of 90 degrees 00' 00 ", a chord distance of 35.36 feet and a chord bearing of \ - South 44 degrees 30' 45" West to a point of tangency; thence run South 89 degrees 30' 45" West for a distance of 675.00 feet to a point of curvature; thence run 408.41 feet along the arc of a curve concave to the Southeast having a radius of r 260.00 feet, a central angle of 90 degrees 00' 00 ", a chord distance of 367.70 feet 'C `.; _ and a chord bearing of South 44 degrees 3745" West to a point of tangency; thence run South 00 degrees 29' 15" East for a distance of 325.81 feet; thence run North 89 degrees 30'45" East for a distance of 60.00 feet; thence run North 00 degrees 29' 15" West for a distance of 325.81 feet to a point of curvature; thence run 314.16 feet along the arc of a curve concave to the Southeast having a radius of 200.00 feet, a central angle of 90 degrees 00' 00 ", a chord distance of 282.84 feet and a chord bearing of North 44 degrees 30' 45" East to a point of tangency; thence run North 89 degrees 30' 45" East for a distance of 675.00 feet to a point of curvature, thence run 39.27 feet along the arc of a curve concave to the Southwest having a radius of 25.00 feet, a central angle of 90 degrees 00' 00 ", a chord distance of 35.36 feet and a chord bearing of South 45 degrees 29' 15" East to said West right -of -way line, thence run North 00 degrees 29' 15" West along said West right -of -way line for a distance of 110.00 feet to the Point of Beginning, Chicago Title Insurance Company does hereby certify that a search of the Public Records of Collier County, Florida from a dale of March 29. 2001 at 12:12 -PM, through and including the date of May 18, 2008 at 05:00 -PM, on the land described above or shown on Exhibit A That record title to the land as described and shown on the attached description is in the name of: 1 -75 ASSOCIATIES, LLC, a Florida limited liability company The following mortgages and /or liens that affect the attached description, not satisfied or released of record: A. Mortgage and Security Agreement between 1 -75 ASSOCIATES, LLC, a Florida limited liability company and SOUTNTRUST BANK. an Alabama state banking corporation, dated May 11, 2001 and recorded June 4, 2001 in Official Records Book 2835, page 2664, as modified by Amendment - ' to Mortgage and Security Agreement recorded in Official Records Book 3060, Page 2749, Public OK Records of Collier County, Florida. B Order Imposing Lien recorded March 5 2007 in Official Records Book 4192 Page 3681, Public Records of Collier County, Florida _ N Q f 3. Additional encumbrances such as easements, restrictions, etc are as follows: AMERIC K LAP'!) 77TLE ASS00,1770N OWNER'S 110LICY 110- 17 -9 ?j (WTII FLORIDA AI0AIFICA770AS) 10 2699 106 00000576 CHICAGO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHFDULF B AND THE- CONDITIONS AND STIPULATIONS, CHICAGO TITI-F INSU1tANCE CO \9 PANT. a Missouri corpontinu, hareht called the Company. insures, as of Date of 1'nlicy shown in Schedule A, against loss or dunnage, not exceeding the .4nuntnt of Ltsurancc sorted in Schedule A, susctined or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on the title: ?. Unmarketability of the title: 4. Lack of a right of access w and front the land. The Company will also pay the costs. attorneys' fees and expenses incurred in defense of the title, as insured, but only ur the extent provided in the Conditions and Stipulations. In Wunefa:e 1197ereaf. CHICAGO TITLE INSURANCE COMRANY hascauscd this policy to be signed and scaledas of the Date of Policy shown in Schedule A, the paiicy to become valid when countersigned by an authorized signatonr. Issued bv: GOODLETTE, COLEMAN S JOHNSON, P.A, 4001 TAMIAlv11 TRAIL N SUITE 300 NAPLES, F"L 34103.3591 (941) 435 -3535 CHICAGO TITLE INSURANCE COMPANY BY: i T'rcxidrnt By: tic. "n`em' OWNS' iS SCHEDULE_ A 4`FC� . �.dii..v .11N 4'JM: Fr ABERCI12 10 2699 106 00000576 pATt OF PCu CT 03/29/01 12 : 19 . 00 Agenda Item No. 10C EX 3-4. Page of__.5 _ 1. Nam- ofInsinC& I -75 Associates, LLC, a Florida limited liability company 2. 71te estate or interest in the land which is covcicd M• ilm Policy is Fee simp. s easemt 3. Titic to the estate or interest in the I:md is rusted in the Instncd. S. Mw land herein dnsclibcd is encumbered by the fitllawing mnrtgagc or trust deed and assienrucnls: and the momiiges or imst deeds, if eny, shove: in Scli -& e B Inicof S. The land refen ed to in this policy is descti tied ns follows Parcel 1 (fee simple) See Exhibit A attached 'hereto. AMUJU7 Or 1r4U8:u1Ct S 3,725,000.00 Parcel 2 (temporary easement) Non - exclusive temporary drainage asement y6r the benefit of Parcel 1 as recorded in O.F. Sock 2797, Page 3290, of the Public Records of Collier County, Florida, over and across the lands described in Exhibit B attached hereto. -= c� v r Parcel 3 (easement) Non- exclusive drainage easement for the benefit of Parcel 1 as recorded in 0. R. Book 2797, Page 3300, of the Public Records of Collier County, Florida, over and across the lands described in Exhibit C attached hereto. _ POLICY FORM SCI IBUULE B folic Number 10 2699 106 00000570' ��. "hhis policy does not inswe against loss or damage (and lbw Company will not pay cusu, anonreys' fees or expenses) which arise by reason of General Exceptions: (!) Ri gbis ar clouts of panics in posscssian not shmvu by the public records. (2) Encroachments, overlaps; boundary line disputes_ and any other matters which would be disclosed by :m acour:ac 7 survey and inspection of the premises. (3) f iscmcnis or claims of caselncnts not shown by die public records. O K (A) Any lien, or rigiu to a lien, far St:rviocs, labor, or material heretofore at he:raftmr furnished, imposed by N.%v 7 and not shown by the public records. (5) Taxes or special assessments which Ire not shoual as ezistiag liens by the public records. O K Special Gxceptionx: The mortgage, if :my, refened to in 11cm 4 of Schedule .A, if this scheciule is attached 10 an Owner's Policy. (6) Any claim titan env portion of said lands are sovercigmy lands of the State of Florida, including submerged, filled OK or artificially n posed lands and lands accreted to such lands. (7) Taxes and assessments for the year 2 0 01 and suhsaquent years. c) K Exceptions 1 through 7 are hereby deleted. As to Parcel 1: 8. Rights of any and all persons claiming by, through or under the same, by virtue of the reservation, grant, or lease of the oil, gas and/or minerals lying within the lands described in _,Schedule Alas contained in Deeds filed in Official Records Book 884, Dage 1555, official Records Book 949•, page 367, Official, Records Book 1413 page 9451 Official Records Book 1413 page 1078, and in Official Records Book 1482;' page 798/ Public Records of Collier County, Florida. MOTES: The right of entry has been released. O K See Continuation Sheet Cotmtersirmed GGODLETTE, MOLEMAIi, & .70H14SON,.,A A, S16% aunt' - ,.,_ � note If this s sutAUe rr :nmched wa Lnau r.,liw�.pmiot nrd wluadn:vre mouCrs, ,: .ury, m. our mllec¢+d beret. Not 17usPoit.. :ouyce r =tlincC p :rgca1;0a :icJSched :,4cs A �r,di" h is,'0aa, i5 of nu Io.r: nrA r rc h,,:7 -, -n't alwqj 94L" -n Idaud Ixry U' wpv: „fart br rc (ercncc Agenda Item No. 10C 2 ADDED PA GE Io S (Schedule B Continued) Policy Numi) -i 10 2699 106 00000576 9. Encroachment of wood power poles and guy anchor along the southern �" boundary of the land and encroachment of guy anchor at Northeast 7 C corner of property, all as shown on the survey prepared by McAnly Engineering and Design, Inc., bearing File No. 25ACREBN.DWG, and dated March 20, 20C1. 10. That portion of the Grant of Reciprocal Easement and Right of Use Agreement by and among EXIT 15 REALTY, LLC, a Florida limited liability company, RALPH ABERCIA and VESTCOR FUND XV, LTD✓ a Florida✓ limited partnership, filed in Official Records Book 2769, page 1238, OK Public Records of Collier County, Florida, affecting the insured property as shown as Access Easement No. 2 on the survey prepared by McAnly Engineering and Design, Inc., bearing File No. 25ACREBN.DWG, and dated March 20, 2001. 11. Taxes for the year 2001 and subsequent years which are not yet due (,,:)K and payable. As to Parcel 2: 12. That portion of the Grant of Reciprocal Easement and Right of Use Agreement by and among EXIT 15 REALTY, LLC, a Florida limited liability company, RALPH ABERCIA and VESTCOR FUND XV, LTD., a Florida limited partnership, filed in Official Records Book 2769¢- -jpage 1238; O K Public Records of Collier County, Florida, affecting the insured property as shown as Access Easement No. 1 on the survey prepared by McAnly Engineering and Design, Inc., bearing 1File No. 25ACREBN.DWG, and dated March 20, 2001.taLr.��-t"�- ,,.w,yw,) 13. Nan- exclusive drainage easement for {the benenit of Parcel 1 as recorded in O.R. Book 2797 Page 3300, over and across the lands described in Exhibit B attached hereto. &,jefl'13 T - 75- 14. Riahts of others to use the non - exclusive easement. O 15. Taxes for the year 2001 and subsequent years which are not yet due 0 K and pavable. As to Parcel 3: lo'. Fights of other to use the non - exclusive easement. Or, 17. Taxes for the year 2001 and subsequent years which are not yet due (73K and payable. NOTES: 2000 TAX INFORMATION. Taxes for Parcel No. 00296560008 in the amount of $34,214.63 were paid on January 31, 2001. Agenda Item No. 10C ° EXHI2' 8 Page _a Of �S EXHIBIT "A" LEGAL DESCRIPTION A tract of land lying in the North half of the Northeast quarter of Section 34, Township 49 South, Range 26 East, Collier County, Florida, and more particularly described as follows: Commencing at the Northeast corner of said Section 34 run S87 °52'26 "W along the North line of said Section 34 for a distance of 100.04 feet to the West right -of -way line of Collier Boulevard (State Road 5 -951) and the Point of Beginning; thence run S00'29'1 YE along said West right -of -way line for a distance of 1275.33 feet to an intersection with the North right -of -way line of Access road No. 2; thence run S87 °42'52 "W along said North right -of- way line for a distance of 874.65 feet to a point of curvature thence leaving said North right -of -way line run 40.05 feet along the arc of a curve concave to the Northeast having a radius of 25.00 feet, a central angle of 91'47'53", a chord distance of 35.91 feet and a chord bearing of N46'23'11 "W to a point of tangency; thence run N00 °29'1 5 "W for a distance of 667.79 feet to a point of curvature; thence run 212.40 feet along the arc of a curve concave to the Southeast having a radius of 200.00 feet, a central angle of 60 050'53 ", a chord distance of 202.56 feet and a chord bearing of N29c56'12 "E to a point on a non - tangential line; thence run N00'291 5 "W for a distance of 412.52 feet to the North line of said Section 34; thence run N87052'26 "E along said North line for a distance of 797.75 feet to the Point of Beginning. Said parcel containing 25.29 acres more or less, subject to easements, restrictions and reservations of record. ,j r EXHIBIT "B" tE1 That portion of the North % of the Northeast 1 i4 of Section 34, Township 49 South, Range 26 East, lying North of the 60 foot easement known as Access Road #2, said easement being described as follows: Commence at the Southeast corner of the Northeast 1/4 of said Section 34, Township 49 South, Range 26 East; thence run South 88 048'27" West, a distance of 100.01 feet to the Westerly right - of -way line of S. R. S -951; thence North 0 029'15" West along said right -of -way line, a distance of 1,355.48 feet for the Point of Beginning; thence South 87 °42'52" West, a distance of 2,531.44 feet; thence North 0 020'07" West, a distance of 60.03 feet; thence North 87 °42'52" East, a distance of 2,531.28 feet; thence South 0 °29'15" East, a distance of 60.03 feet to the Point of Beginning. The East 100 feet of the above described property is excepted. LESS AND EXCEPT: A tract of land lying in the North half of the Northeast quarter of Section 34, Township 49 South, Range 26 East, Collier County, Florida, and more particularly described as follows: Commencing at the Northeast corner of said Section 34 run S87 °52'26 "W along the North line of said Section 34 for a distance of 100.04 feet to the West right -of -way line of Collier Boulevard (State Road S -951) and the Point of Beginning; thence run S00 029'15 "E along said West right -cf- way tine for a distance of 1275.33 feet to an intersection with the North right -of -way line of Access road No. 2; thence run S87 °42'52 "W along said North right -of -way line for a distance of 874.65 feet to a pain; of curvature thence leaving said North right -of -way line run 40.05 feet along the arc of a curve concave to the Northeast having a radius of 25.00 feet, a central angle of 91047'53', a chord distance of 35.91 feet and a chord bearing of N46 °23'11 "W to a point of tangency; thence run N00 °29'15 "W for a distance of 667.79 feet to a point of curvature; thence run 212.40 feet along the arc of a curve concave to the Southeast having a radius of 200.00 feet, a central angle of 60 °50'53 ", a chord distance of 202.56 feet and a chord bearing of N29'56'1 2"F to a point on a non- tangential line; thence run NOD °29'15 "W for a distance of 412.52 feel to the North line of said Section 34; thence run N87052'26 "E along said North line for a distance of 797.75 feet to the Point of Beginning. Said parcel containing 25.29 acres more or less, subject to easements, restrictions and reservations of record. Exhibit E Page 1 of 2 Agenda Item No. 10C EXHIB z oos -1-6- s � at of AND LESS AND EXCEPT: A tract of land lying in the North half of the Northeast Quarter of Section 34, Township 49 south, Range 26 East, Collier County, Florida, and more particularly described as follows: Commencing at the Northeast corner of said Section 34 run S87 °52'26 "W along the North line of said Section 34 for a distance of 100.04 feet to the West right -of -way line of Collier Boulevard (State Road S -951); thence run S00 °29'15 "E along said West right -of -way line for a distance of 1275.33 feet to an intersection with the North right -of -way line of Access Road No. 2; thence run S87 °42'28 "W along said North right -of -way line for a distance of 954.19 feet; thence leaving said North right -of -way line run NO2 °17'32 "W for a distance of 199.65 feet to the point of beginning; thence run S89 °30'45 "W for a distance of 40.51 feet; thence run S03°23'04W" for a distance of 51.20 feet, thence run S45 °34'02 "W for a distance of 106.01 feet; thence run S80 °32'03 "W for a distance of 422.21 feet; thence run S87 °42'28 "W for a distance of 137.85 feet; thence run N52 630'36 "W for a distance of 495.09 feet; thence run N00 052'22 "E for a distance of 438.83 feet; thence run N40 °11'16 "E for a distance of 126.90 feet, thence run N8401 8'56"E for a distance of 106.99 feet; thence run S73 019'15 "E for a distance of 245.57 feet; thence run S57 °25'46 "E for a distance of 342.64 feet; thence run S16 °24'07 "E for a distance of 26.38 feet; thence run S47029'24E" for a distance of 70.45 feet; thence run S70 °57'37 "E for a distance of 93.32 feet; thence run N89 °31'08 "E for a distance of 75.53 feet; thence run $51'53'33"E for a distance of 63.72 feet; thence run S1 1'12'26"E for a distance of 82.19 feet; thence run N89 °30'45 "E for a distance of 56.56 feet; thence run S00 °29'15 "E for a distance of 169.91 feet to the Point of Beginning. Said parcel containing 14.20 acres more or less, subject to easements, restrictions and reservations of record. Exhibit 8 Page 2 of 2 Agenda Item No. 10C E 4 page EXHIBIT "C" The West 30' of that portion of the North %s of the Northeast 1/4 of Section 34, Township 49 South, Range 26 East, lying North of the 60 foot easement known as Access Road n2, said easement being described as follows: Commence at the Southeast corner of the Northeast 114 of said Section 34, Township 49 South, Range 26 East; thence run South 88 °48'27" West, a distance of 100.01 feet to the Westerly right - of -way line of S. R. S -951; thence North 0 °29'15" West along said right -of -way line, a distance of 1,355.48 feet for the Point of Beginning; thence South 87 °42'52" West, a distance of 2,531.44 feet; thence North 0 °20'07" West, a distance of 60.03 feet; thence North 87 °42'52" East, a distance of 2,531.28 feet; thence South 0 029'15" East, a distance of 60.03 feet to the Point of Beginning. t. Agenda Item No. 10C July 22, 2008 Page 74 of 75 Golden Gate Commerce Park (Benderson /Magnolia Pond Road Dev Co) Collier County TE /CM will be acquiring approximately. 11 acres of fee simple ROW from the Collier Blvd Mixed -Use Commerce Center parent tract (Collier Blvd widening project, parcel 112fFee) and may be acquiring another 3 acres + - from this 25.83 acre parent tract for a future pond site. The parent tract has commercial PUD -type zoning in place but is currently unimproved. Relatively large, well located, commercial tracts of this type are currently being valued in the range of $11- $15 /sf. Given the subject prime location adjacent to the Collier Blvd /1- 75 Interchange a high -end unit price of $15 /sf is judged to be most reasonable for the subject (or $653,000 /acre). Based upon this pricing, the current value of parcel 112Fee would be approximately $72,000 and the proposed 3 acre pond site would have an approximate value of $1,959,000. The County will also be acquiring .38 acres of fee simple ROW from the Golden Gate Commerce Park parent tract (Collier Blvd project parcel 113). This also is an unimproved commercial PUD, but it is situated north of Magnolia Pond Road a bit further north of the Collier Blvd.1-75 Interchange. A slightly lower unit price of $14 /sf (or $610,000 /acre would be most reasonable for these lands. Based upon this price point the current value of parcel 113Fee would be $232,000. The aggregate value of the Benderson related parcels (including the proposed pond) comes to $2,263,000. TE /CM, Right -of -Way Office Phone: 239.213 -5847 Fax: 213 -5885 0 Memorandum To: Nick Casalanguida, Director Transportation Planning From: Harry Henderson, SRA, Review Appraiser TE /CM, Right of Way Date: July 2, 2008 Subject: Collier Blvd Mixed -Use Commerce Center (BendersonNictoria Estates LTD) Golden Gate Commerce Park (Benderson /Magnolia Pond Road Dev Co) Collier County TE /CM will be acquiring approximately. 11 acres of fee simple ROW from the Collier Blvd Mixed -Use Commerce Center parent tract (Collier Blvd widening project, parcel 112fFee) and may be acquiring another 3 acres + - from this 25.83 acre parent tract for a future pond site. The parent tract has commercial PUD -type zoning in place but is currently unimproved. Relatively large, well located, commercial tracts of this type are currently being valued in the range of $11- $15 /sf. Given the subject prime location adjacent to the Collier Blvd /1- 75 Interchange a high -end unit price of $15 /sf is judged to be most reasonable for the subject (or $653,000 /acre). Based upon this pricing, the current value of parcel 112Fee would be approximately $72,000 and the proposed 3 acre pond site would have an approximate value of $1,959,000. The County will also be acquiring .38 acres of fee simple ROW from the Golden Gate Commerce Park parent tract (Collier Blvd project parcel 113). This also is an unimproved commercial PUD, but it is situated north of Magnolia Pond Road a bit further north of the Collier Blvd.1-75 Interchange. A slightly lower unit price of $14 /sf (or $610,000 /acre would be most reasonable for these lands. Based upon this price point the current value of parcel 113Fee would be $232,000. The aggregate value of the Benderson related parcels (including the proposed pond) comes to $2,263,000. TE /CM, Right -of -Way Office Phone: 239.213 -5847 Fax: 213 -5885 Otle F d$a3 41 F- Wit =a' ALL—it It or EMISSIONS If y i4'A� I i - n' o- J. M .. i L v ti"'Jn p1'�✓F - � � �� d+r>m .o' -gip � - i lb� J J