Agenda 04/22-23/2008 Item #16B 8
Agenda Item No. 1688
April 22, 2008
Page 1 of 13
EXECUTIVE SUMMARY
Recommendation to approve an Easement Agreement for 0.12 acres of unimproved
property for a non-exclusive easement for Pathways and Public Utilities along Immokalee
Road.
OBJECTIVE: To secure a 0.12 acre pathway (Immokalee Greenway) and utility easement over
an unimproved parcel within Heritage Bay, north of Immokalee Road.
CONSIDERATIONS: The County is constructing a 12' greenway along the canal adjacent to
the north side of lmmokalee Road. The greenway area will also provide a location for the
relocation and expansion of county utilities. The county has modified the design and location of
the greenway and utilities in consideration for the ultimate relocation of the lmmokalee
Road/Collier Boulevard intersection and canal. The purchase of this easement will allow the
greenway and utilities to remain in the final location under present conditions and the future
expansion of the intersection and canal. Without this easement now, the county would be
required to maintain the functioning utilities in the future, purchasing potentially developed
property and incur additional expenses to relocate the canal, greenway and utilities. The
Transportation Engineering and Construction Management right of way department has
appraised the land value at approximately $106,000. The owner has agreed to a lesser amount to
facilitate the greenway project.
FISCAL IMP ACT: The total payment for the acquisition of 0.12 acres will be $55,000. Funds
will be paid from Project No. 690811.
GROWTH MANAGEMENT IMPACT: The construction of the greenway and utility
expansion is consistent with the GMP and Comprehensive Pathway Plan.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Approve the attached Easement Agreement;
2. Authorize its Chairman to execute same on behalf of the Board;
3. Authorize the County Manager or his designee to close the real estate transaction with the
Heritage Bay Development, LLC, as contemplated by said Easement Agreement;
4. Accept the real property conveyed thereby;
5. Authorize staff to record the instruments of conveyance in the public records; and
6. Authorize any budget amendments which may be required in order to implement the
collective will of the Board.
Prepared by: Nick Casalanguida, Director, Transportation Planning
Attachment: Easement Agreement, Locus Map, Appraisal
Item Number:
Item Summary:
Meeting Date:
Page 10f2
Agenda Item No. 1688
April 22, 2008
Page 2 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1688
Recommendation to approve an Easement Agreement for 0.12 acres of unimproved property
for a non-exclusive easement far Pathways and Public Utilities along lmmokalee Road.
($55.000)
4/22/2008 9.0000 AM
Prepared By
Nick Casalanguida
Transportation Services
MPO Director
Date
Transportation Planning
4/10/20087:58:58 AM
Approved By
Nick Casalanguida
Transportation Services
MPO Director
Date
Transportation Planning
4/10/20087:56 AM
Approved By
Norm E. Feder. AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
4/10/2008 8:04 AM
Approved By
Dale A. Bathon, P.E.
Transportation Services
Prinicipal Project Manager
Transportation Engineering and
Construction
Date
4/10/20088:23 AM
Approved By
Kevin Hendricks
Transportation Services
Right Of Way Acquisition Manager
Date
TEeM-ROW
4/10/200810:28 AM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Services Admin
4/10/20084:40 PM
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Date
Transportation Services Admin
4/10/20084:53 PM
Approved By
OMS Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
4/11/2008 8:07 AM
Approved By
Susan Usher
County Manager's Office
Senior ManagemenUBudget Analyst
Date
Office of Management & Budget
4/11/20084:21 PM
file://C:\AgendaT est\Export\ I 05-April%2022,%202008\ 16. %20CONSENT%20AGENDA \1... 4/16/2008
Page 2 of2
Agenda Item No. 1688
April 22, 2008
Page 3 of 13
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
('
"-
County Manager's Office
411212008 9:35 AM
.,
!
"
)
file://C :IAgenda T estlExportl 1 05 -April%2022, %202008116. %20CONSENT%20AGENDA 11... 4/16/2008
SHORT FORM APPRAISAL - COLLIER COUNTY REAL PROPERTY DEPARTMENT FORMAT
Agenda Item No. 1688
April 22, 2008
Page 5 of 13
PROJECT NAME: Heritage Bay Commons PARCEL NUMBER: Portion of Tract 0, Heritage Bay Commons
Partial acquisition, future ROW
PARENT TRACT SIZE: 11.53 acres OWNER'S NAME: H9I'itage Bay Development LLC
PURPOSE OF THE APPRAISAL: To estimate the market value of the unencumbered fee simple Interest of the subiect property, and to estimate the
compensation due the property owner (culTent record tille holder oflhe tee simple Interest in lt1e property) by reason of the laking theretrom for public
purposes.
MARKET VALUE OEFINED: The most probable price. as of a specified date. In cash or in terms equlvalenllo cash, or In other prooselY revealed
terms, for which a property would sell after reasonable exposure in a competitive market under all conditions requisite to a far sale, with the buyer and
the seller eac~ acting prudently. knowledgeably, and for self interest. and assuming 1ha1 neither is under any undue stimulus to act.
LEGAl DESCRIPTION: (attach if/engthy) See Legal Description prepared by RWA 2129/08. 5282 sf or .12 acres
PROPERTY HISTORY: (Details of mosl recent sales transac~on, I.e.. Sale Price. Date of Sale, Recording Data and Folio Number... each sale
assembled to form the parent tlOCr) The subiect parent tract was purchased by the current owner In August 2007 fur $8,500,000. This pree reflects a
unit/price of approximately $17/sf,
PRESENT ZONING: PUD, Commeraal Activity Center -~. FUTURE LAND USE: Commercial
HIGHEST AND BEST USE (DiscussIOn and Conclusion): Commercial de'ielopment as allowed by the Heritage Bay PUD (retail and/or office).
DESCRIPTJON OF SUBJECT PROPERTY (Location. Access, Availabflity of utilities, ProXImity to Amenities, Soiis. Elevation. Vegerafion. etc.)
The subject parent tract is a commercial development pod withJn the Heritage Bay PUD, Heritage Bay IS a mixed-use PUD which Includes a
compatible mile of single and multi-family master planned development as well as a commeraaI component. The subject parent tract (Tract "0") is
identified as an Acbvitv Center Commercial tract fronting the immokalee Road portion of the PUD close to the Collier Blvd intersection. BrJdge
crossings (across the Cocohatchee canal) provide good access onlo Immokalee Road from this area of Heritage Bay.
The subject proposed ROW IS a triangu]a~y shaped parcel located .iust east of the Gocx:lland Bav Drive bridge along the canal frontage at Immokalee
Road,
'I PHOTOGRAPHS OF SUBJECT: N/A
SKETCH / DRAWING OF SUBJECT PROPERTY SHOWING PRJMARY NEIGHBORHOOD: NIA
DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS Iff applicable):
SHORT FORM APPRAISAL - COLLIER COUNTY REAL PROPERTY DEPARTMENT FORMAT
Agenda Item No. 16B8
April 22, 2008
Page 6 of 13
Three sales were identified as SImilar to the subject property with respec1 to location. zoning, commercial utility and size. These sales are brleflv
described as follows:
1, Tracts A, J. K and M within Heritage Bay Commons, 14.80 acres. zoned oommerCial,
Sale Price: $10,500,000 Sale Date: June 2006 Unit/Price: $16.30Jsf
2. 1100 Immok~e Rd, within the Pelican Marsh DRI. 19.99 acres, zoned busmess-commercial (PUO)
Sale Price: $23,075,000 Sale Date: December 2006 UniUPrice: $26.50/sf
3. Immokalee Rd at 1-75, portion of the Breezewood PUD. 7.45 acres zoned commercial (PUD)
Sale Price: $8,095,200 Sale Date: December 2006 UnIt/Price: $25/5f
DISCUSSION OF COMPARABLE SAlES ANO EXPlANATION OF ADJUSTMENTS (If .ppflcable):
With consideration given to differences lt1locaiion within the greater Naples market. differences In commercial visibility/frontage, differences m markel
climate at the time of the vanous sales and size factor Influence a unit price of $20151 iSludged 10 be most reasonable for the subiect lands.
RECONCILIATION OF VALUE INDICATIONS {and flIlal estimate of unft value. land only):
Proposed ROW parcel, 5.282 sf.
5.282 sf at $20/sf = 5106,000 (rounded)
FINAL ESTIMATE OF LAND VALUE:
_20fsf x _5,282sf_ = $_106,000_
(Unit Value) 1_ 01 SubjecfJ (Total Land Value)
~ ESTIMATED VALUE OF IMPROVEMENTS (ffanl1: NlA
SUMMARY OF VALUES:
TOTAL LAND VAlUE.... .... .
.. '-106,000
TOTAl VALUE OF IMPROVEMENTS . ...... $_0
TOTAl COMPENSATION. . . . .
.. L106,OOO
Page 2
SHORT FORM APPRAISAL - COLLIER COUNTY REAL PROPERTY DEPARTMENT FORMAT
Aoenda Item No. 1688
" April 22. 2008
Page 7 of 13
LAST PROPERTY INSPECTION DATE: NIA
~ DATE Of VALUE: March 20. 2008
SIGNATURE OF APPRAISER
/L ( IU
APPRAISER'S NAME: Harry Henderson, SRA
(Attach Summary of Qualifications and Credentials. Form Cerlification and
Statement of Assumm;ons and Limiting Conditions if deSired,)
Page 3
***THIS IS NOT A SURVEY***
~
0:' "
Cl .
~N~
wJ:U
ou~
z~~~
:S e.
Cl ~.
o
o
'"
. W liNE OF TRACT D
TRACT D
HERITAGE BAY COMMONS
PB 43, PGS 46-54
PROPOSED
583'48' 0"
RIGHT-OF_WAY LINE 2 E 318,09'
N89"SS'23"W 307.97'
S LINE OF T~ACT D
SEARING BASIS
Agenda Item No. 16B8
April 22, 2008
age 8 of 13
POB
SW CORNER OF
TRACT D
N LINE OF 1 DO' WIDE COCOHATCHEE
CANAL RIGH7 -OF -WAY
CURVE LENGTH
C1 35.22'
CURVE TABLE
RAD'US DELTA
182.00' 11'05'12"
CHORD I CHORD BRG.
35.16' N13'35'12~W
~
POB POINT OF BEGINNING
P8 PLAT BOOK
PG(S) PAGE(S)
Ll SEE LINE TABLE
C1 SF:~ CURVE TABLE
LEGAL DESCRIPTION
W E
r
" "
GRAPHIC SCALE
1"..60'
A TRACT OR PARCEL Of LAND SITUATED IN THE STATE OF FLO~IDA. CDUNlY OF COLLIER, LYING IN SECTION 23,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, BEING PART OF TRACT D. HfRITAGE BAY COMMONS, AS RECORDED IN
PLAT BOOK 45. PAGES 46 THROUGH 54, Of THE PUBLIC RECORDS OF COLLIER COUI\TY, FLORIDA AND BEING
MORE PAR~ICUl.ARLY DESCRIBED AS F:)LLDWS;
BEGINNING AT THE SOUTHWEST CORNeR OF SAID TRACT D;
THENCE NORTHERLY 35,22 FEET ALONG THE WEST LINE OF SAID TRACT D AND THE ARC OF A \JON-TANGENTIAL
CURVE TO THE RIGHl HAVING A RA)IUS OF 182.00 FEET THROUGH A CENTRAL ANGLE Of 11'05.12" At'iD B:;:ING
SUOTENDED BY A CHORD WHICH BEARS N,13'J5'12~W. FOR 35.16 FEET:
THENCE 5.83"48'20"E., FOR .1'8.09 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT S;
Tr-lENCE N.BS'S8'23"W. ALONG SAiD SOUTH L11>lE, FOR 307.97 FEET TO THE POINT OF BEGINNING.
CONTAINING 5,282 SQUARE FE~ OR 0.12 ACRES. MORE OR 1_[55.
PARCEL SUBJECT TO EASEMEt>lTS, RESTRICTIONS, ReSERVATIONS AND r(IGH":"S OF WAY, (RECORDED AND
UNRECORDED, WRITTEN AND UNWRITIEN),
BEARINGS BASED ON THE SOUTH LINE Of TRACT 0, f-.ERITAGE BAY COMMONS, AS R~CORDED :N ,;olLAT 800K 4.3,
PAGES 4-6 THROUGH 51 OF" THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN S::CTIDN 2'6,
TOWNSf-'IP 40 SOUTH, RANGE 22 EAST, AS HAVING AN ASSUMED BEARING or N.8S'58.23"W
~ _________X~S'
RICHARD V. NESTLER DATE
PROFESSIONAL SURY=-YOR AND MAPPER
FLORIDA CERTIFICATE-No. LS 4786
NOT VALID UNLESS EMBOSSED WITH PRorESSIONAL.S S::AL
D\lTAINC.=..,.
CONSULTING CivilEugIneemJg
.&....., 'L .JI" .....,""&_
15<12Ca1Dlstr.0'(
(239l=IIF~ar;::n.541&
_.<xmd-f'o\l!LOClll
Flw\dllCelllkQ\ovlAll\llll:ll!lllIl6lm
"'2'/29/08
~.
i" _, 60'
VAAW~ IJY:
OTN
CHfCKW""
TITLE:
CH21v1 HILL
SKETCH & DtSCRIPTION
CLIENT:
RVN
$i~ =~ ;;,~ ~~~~~C;: 060177 .02.00 ~~~EJER: 1 or 1
FILE
NUM9ER:
D005-SK2
Agenda Item No. 16B8
April 22. 2008
Page 9 of 13
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entared into on this _ day of , 20_, by and betw....n
HERITAGE BAY DEVELOPMENT, LLC, a Fiorida limited liability company, whose mailing
address is 11983 Tamiami Trail North, Suite No. 100, Naples, Florida 34110, (hereinafter
referred to as 'Owne"), and COLUER COUNTY, a political subdivision of the State of
Fiorida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112
(hereinafter referred 10 as 'Purchaser").
WHEREAS, Purchaser requires a Perpetual, Non-exclusive Easement for Pathways
and Public Utilities over, under, upon and across the lands described in Exhibit "A-, which
is anached hereto and made a part of this Agreement (hereinafter referred to as the
"Easement"); and
WHEREAS, Owner desires 10 convey the Easemenl to Purchaser for the staled
purposes, on the terms and conditions set forth herein: and
WHEREAS, Purchaser has agreed to compensate Owner tor conveyance of the
Easement.
NOW THEREFORE, in consideration of these premises. Ihe sum of Ten Dollars
($10.00). and other good and valuable consideralion, Ihe receipt and sufficiency of which
is hereby mutually acknowledged. it is agreed by and between the parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporeted herein by reference as if sel forth fully below. and all Exhibits referenced
herein are made a part of this Agreement.
2. Owner shall convey the Easement to Purchaser for the sum of:
$55,000,00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the 'Closing"). Said
payment to Owner, payable by County Warrant. shall be full compensation for the
Easement con'l8yed, inoluding all lendscaping, trees, shrubs, improvements, and
fixtures located thereon, and shall be in full and final seUlement of any damages
rosuttlng to Owner's remaining lands, costs to oure, including but not limited to the
cost to relocate the existing irrigation system and other improvements, and the cost
to cut and cap irrigation lines extending into the Easement, and to remove all
sprinkler valves and related electrical wiring, and all other damages in connection
with conveyance ot said Easemenl to Purchaser, including all attorneys' fees, expert
witness fees and costs as provided for in Chapter 73, Florida Statutes.
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions andJor
quali~ications encumbering the Easement, the execution of such instruments which
will remove, release or subordinate such encumbrances from the Easement upon
!heir recording in 'he public records of Collier County, Florida. Owner shall cause to
be delivered to Purchaser the Items specified herein and the following documents
and instruments duty executed and acknowledged, in racordable form (herelnafter
referred to as "Closing Documentsn) on or before the date of Closing:
(a) Perpetual, Non-exclusive Pathway and Public Utility Easement;
(b) Subordination. Consen1 and Joinder (Regions Bank);
(c) Closing Statement;
(d) Grantor's Non.Foreign, Taxpayer Identification and "Gap" Affidavit;
(e) W-9 Form; and
Agenda Item No. 1688
April 22, 2008
Page 10 of 13
Page 2
(I) Such evidence of authority and capacity of Owner and 115 representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonab~ determined by Purchaser,
Purchase(s counsel and/or title company.
4. Both Owner and Purchaser agree that time is of the essenCe of this Agreement and
that, therefore, Closing shall occur within ninety (90) days from the date of execution
of this Agr""ment by the Purchaser; provided, however, that Purchaser shall have
the unilateral right to eJdend the term of this Agreement pending receipt of such
instruments, properly executed, which either remove or release any and all sucn
liens, encumbrances or qualifjcations affecting Purchaser's enjoyment of the
Easement. At Closing, payment shall be made to Owner in Ihat amount shown on
the Closing Statement as "Net Cash to Seller: and Owner shall deliver the Closing
Documents to Purchaser in a form acceptable to Purchaser.
5. Owner agr""s to ralocate any existing irrigation system lcealed on the Easement
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from Purchaser. Owner
assumes full responsibility lor the relocation of the irrigation system on the remainder
Easement and ils performance after relocalion. Owner holds County harmless for
any and all possible damage to the irrigation system in the event owner fails to
relocate the irrigation system prior to construclion of the project.
If Owner elects to retain improvements and/or landscaping ("Improvements') located
on the Easement, the Owner is responsible for their retrieval prior to the construction
of the project without any further notification from Purchaser. Owner acknowledges
that PurChaser has compensated Owner for the "alue of the Improvements and yet
Purchaser is willing to permit Owner to salvage the Improvements as long as their
retrieval is performed before construction and without interruption or inconvenience
to the County's contractor. All Improvements not removed Irom the Easement prior
to construction of the project commences shall be deemed abandoned by Owner.
This provision shall survive Closing and is no! deemed sallsfied by conveyance of
title.
6. Owner and Purchaser agree to do all things which may be required to give effect to
this Agreement immediately as such requirement is made known to them or they are
requested to do so, whicllever is the earlier.
7. Owner agrees. represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all actions and to
perform all tasks required of Owner hereunder and to consummate the
transac1ion contemplated hereby.
(b) Purchaser's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuanl to Ihe provisions of this Agreement.
(c) No party or person other than Purchaser has any right or option to aoquire
Ille Easement property or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and eff8ct, Owne( shall not encumber or convey any portion of the property
undertying the Easement or any rights therein, nor enter into any agreements
granting any person or entity any tights with respect to the Easement,
withou1 first obtaining the written consenr of ~rchaser to such conveyance,
encumbrance, or agreement. wnich consent may be wtthheld by Purchaser
for any reason whatsoever.
Agenda Item No. 1688
April 22, 2008
Page 3 Page 11 of 13
(e) There are no maintenance, construction, advertising, management, leasing,
employment. service or other contracts affecting the Easement.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
admini8trative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disclosed to Purchaser in writing prior to the
effective date of this Agreem,,"!.
(g) Purchaser is entering into this Agreement based upon Owner's
representations stated in this Agreement and on the understanding thai
Owner will not cause the physical condition of the property underiying Ihe
Easement to change from its existing state on the effectIve date of this
Agreement up to and including the date of Ciosing. Therefore, Owner
agrees not to enter into any contracts or agreements pertaining to or
affecting the property underlying the Easement and not to do any act or omit
to perform any act which would adversely affect the physical condition of the
property undertying the Easement or"s intended use by Purchas..r.
(h) The property underlying the Easement, and all uses of the said Easement,
have been and presently are in compliance with all Federal, State and Locel
environmental laws; 1hat no hazardous substances have been generated,
stored, treated or transferred on the property underlying th.. Easement
except as speoifically disclosed to Iha Purchaser; that the Owner has no
knowledge of any spill or enVlronmental law violation on the Easement
contiguous 10 or in the vicinity of the Easement to be sold to the Purchaser,
that the Owner has not received notice and otherwise has no knowledge of:
a) any spill on the property underlying the Easement; b) any existing or
threatened environmental Hen against the property underlying the Easement;
or cj any lawsu~, proceeding or investigation regarding the generation.
storage, treatment, spill or transfer of hazardous substances on the property
underiying the Easement. This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and
from, and reimburse the Purchaser with respect to, any and all damages, claims,
liabii~ies, laws, costs and expenses (including without fimitation reasonable paralegal
and attorney fees and expenses whether in court, out of court, in bankruptcy or
adminis1ratlve proceedings or on appeal), penalties or fines incurred by or asserted
against the Purchaser by reason or arising mil of the breach of any of Owner's
representations under persgraph 7(h), This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
9. Purchaser shall pay all fees to record any curative instruments required to clear title,
all Easement recording fees, and any and all costs and/or fees associated w~h
securing and recording a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the Easement; provided,
however, that any apportionment and dis1ribution of the full compensation amount in
Paragraph 2 which may be required by any mortgagee, lien-hOlder or other
encumbrance-holder for the protection of its security interest or as consideration for
the execution of any release, subordination or satisfaction, shall be the responsibility
of the Owner. and shall be deducted on the Closing Statement from the
compensation payable to the OWr)Qr per' Paragraph 2. In accordance with the
provisions of Section 201.01, Florida Statutes, related to the exemptions against
payment of documentary stamp taxes by Purchaser. Owner shall further pay all
dooumentary stamp taxes required on the instrument(s) of transfer, unless the
Easement is acquired under threat of condemnation.
10. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon 1he par1ies hereto and their respective heirs, executors, personal
Agenda Item No. 1688
April 22, 2008
Page 4 Page 12 of 13
representatives, successors, successor trustees, and/or assignees, whenever the
context so requires or admits.
11. If the Owner holds the property unde~ying the Easement in the form of a partnership,
limited pertnershlp, corporation, trust or any form of repre8entative capacity
whetsoever for others, Owner shall make a written public disclosure, according to
Chapter 286, Florida Statutes, under oeth, of the name and address of every person
having a beneficial interest In the property underlying ll1e Easement before the
Easement held In such capactty is conveyed to Purchaser. (If the corporation Is
registered with the Federal Securities ExChange Commission or registered pursuant
to Chapter 517, Florida Statutes, whose stock is for sale to the general public, It is
hereby exempt from the provisions of Chapter 286, Florida Statutes.)
12. Conveyance of the Easement. or any interest in the property underlying the
Easement. by Owner is contingent upon no other proviSions, conditions, or premises
other ll1an those so stated herein; and this written Agreement, including all exhibtts
at1ached hereto, shall constitute the entire Agreement and understanding of the
parties. and there are no other prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein. No
modification! amendment or cancellation of this Agreement shall be of any force or
effect unless made in writing and executed and dated by both Owner and Purchaser,
13. Should any part of this Agreement be found to be invalid, then such invalid part shall
be severed from the Agreement, and the remaining provisions of this Agreement
shall remain in fuli force and effect and not be affected by such invalidity.
14. This Agreement is governed and construed in accordance wtth ltie laws oIlhe Slate
of Florida.
IN WITNESS WHEREOF, the parties hereto have executed thi8 Agreement on the
date first above written.
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
BOARD OF COUNTY COMMiSSIONERS
COLLIER COUNTY, FLORIDA
BY: _
TOM HENNING, Chairman
0;
HERiTAGE BAY DEVELOPMENT, LLC,
· G- "....,
Steven T. Hovland,
Managing Member
AS TO OWNER:
C April
(Witness (Slg
Terri M. Terry
Name (Print or Type)
~A~
Witness (Signature)
~reb V1o(';"
Name (Print or Type)
2008
Agenda Item No. 1688
April 22. 2008
Page 13 of 13
***THIS IS NOT A SURVEY***
~
'"
o !:~
>-ia"~.
'0'
',"
00".
i z;;i.....;
I :5,..~;
..0 ,f:..
-0 ·
o
co
~w
I
\
LINE OF TRACT D
~RACT 0
HER~AGt gAv CC~MONS
P6 43, ~GS 46-54
EXHIBIT A
P8ge-L OfT
PROPOSED RIGHT_OF WAy 563'48'20"E
~ UN€:
"Ia9'Sa'2J"W 307.97'
5 lIN OF" TRACT 0
BEARING BASIS
JI8.0S"
N liNE OF" 100 WIDE COCOHATCHEE.
CANAl RIGHT-Or-WAY
POB
SW CORNER OF
"'RACT 0
CURVE.:
C'
LE"'GTH
.35.22'
RAD~.JS
162.0C'
CJ::<V[ TAELE
~ElTA
"'05"2"
CHORD
J~16'
I
CHORD~
N13'J5"2"W
E
w
WlEllil.
PDS PO,/IlT or I3EG!N~ING
PB - PLAT BOOK
PGIS) PAGE(S)
II ,. SEE LIN~ TAKE
:1 '" sn: cuRVE TAB'-E
r
" "
GRAPHIC SCALE
'"..&0
LEGAL DESCRIPTION
It.. TRACT OR ;:>ARCH OF LAND SITUATED IN Tii[ STATE OF FLORIDA, COUNTY OF CO...1..It:R, LYING IN SEC~ION n.
TOWNSHIP 46 SOJTH, ~ANGE 26 EAST. BEING PART O~ TRACT D, HERITAGE 8.A'Y' C0I.1....0NS. AS ~ECOR)ED 'N
PLAT BOOK 43. PAGES 46 THROUGH 54, or THE PU8l1C RECOR:S OF CC'_Ll:]~::;OUf\TY, F~ORIDA AND BE1NG
MORE PARTICJL.ft,RLY' DESCRI9ED AS FO:"lOWS
8E.GfNNINC AT THE S:)UTHW[ST CORNER or SAJ) TRA,::;T 0;
"HENCE ","ORTl-ERL'f 3522 FED ALONG irE: WEST liNE OF SAID ,~ACT D A"'D THt: ARC OF A NON-"'ANGEt-;llAL
CURVE ;0 iHE RIGHT MA\lTNC A RADIuS or 182.DO ::-ED THROUC'-I A. CENTRA'~ ANC:..E 0" 1.,'05'12" AND BEING
S.'BTENDED err A CHORD Wl-leH BEARS ~.1:5'35'12.1'i, fOR 35.16 rEET;
THENCE S,8J'4e'20T, FOR 31!l,09 FEET TO A POINT ON THE SCJ,H UNE OF SAID TRACT 0:
THffiCE N.B9':)5'2:S"W ALONG SAID SouTH LINE, FOR 30797 :OEET TO THE POINT OF BEGINNING.
CON~AINtNG 5,2a2 SQUARE "'EEl CR 0,12 ACRES, !.'ORE OR LESS.
PARCEL SUBJ(C~ TO [ASE~'\ENTS, RESTRICTIONS, RESERVATIONS AND RIGI'TS OF WAY, (RECORD::O AND
UNRECORDED, WRITTEN At-oD UNWRITTEN).
BEARINGS BASED ON 7HE SOUT~ LINE: OF Ti~AC D, HSRlTAGE BAY COM~ONS, AS RECOR;:lE.C IN pi.AT BOOK 43.
?ACES 46 THROUC;., 54 OF THf PUBLIC RE:ORD5 OF COL:..IEFl COJNTY, FLORIDA, !.'(I~G iN SECTION 23,
7OW"'SHIP 48 SOUT..." qANGF. 26 EAST, A5 HAVING A, BEARING OF N eg'S8'23"W.
~. A/4{g
~---------------------~~jI~---
RICHARD V, NESTLER OAT[
PROFESSIONAL S'JRI,I[YOR AND ~A.PPr:R
F",O~IDA ::;ERTIFICATE t-.o L.S 4785
NOT VAL D :.IN..ES5 WBOSSED WITh >'ROFESS'OI\A:"'S SEAL
~Evl$LO TC -.:OAA;CCT SEC."I)f>I/""",,~ 'I'OFOA;IllATIOI'. ~ -J-(J! PTl<
n'l1:TAlJ<C.=-.
~NMTINQ ""'_
... '" fA. ... _~_
11/12=-"""
(2S)::~~~~I.
---
AiIl*~III~1III$I;
I"'
~29/De
,. - 50'
~_.
PTN
CH2M -Ill L
S,o(ETCH & DESCRIPTION
~.n'"
RV'
;~ ~: ;;i~~;;ii: 06C1.I1_G2.00 !~~~~ER; I M 1
l'IU
NUIABEIl
OQ04-SK2