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Agenda 04/22-23/2008 Item #16K 6 Agenda Item No, 16K6 April 22, 2008 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to Approve a Stipulated Final Judgment in the Amount of $43,850.00 for the Acquisition of Parcel 157RDUE in the Lawsuit Styled Collier County, Florida v. Christopher Link, et al., Case No. 07-4218-CA (Oil Well Road Project #60044). (Fiscal Impact: $9,100.00) OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment in the amount of$43,850,00 inclusive of attorney's fees, expert fees and costs as full compensation for the taking of Parcel] 57RDUE in the lawsuit styled Collier County, Florida v. Christopher Link, et aI., Case No. 07-42]8-CA (Oil Well Road Project #60044). CONSIDERATIONS: The County acquired the subject property from owner, Clara Ibanez, by depositing $34,900,00 into the Court Registry after entry of an Order of Taking on January 9,2008. If the settlement is approved, the County is responsible for the following costs: . Additional DepositlDisbursement Amount: Expert Fees: C]erk's Service Fee: Attorney's Fees: $ 8,950.00 Included ]50,00 Included . . . ~ TOTAL: $ 9,]00,00 This settlement is recommended because Clara Ibanez accepted the County's written offer. Subsequently, the County and Clara Ibanez entered into an easement agreement dated August ]5, 2007 for the purchase of Parcel 157RDUE for $34,900, The County was not able to close the voluntary purchase because it was not able to obtain releases from the mortgage holders. This settlement reflects the original negotiated amount Attached is the proposed Stipulated Final Judgment FISCAL IMPACT: Funds in the amount of $9,]00.00 will come from the Transportation Supported Gas Tax Fund and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None, RECOMMENDATION: That the Board of County Commissioners: I. Approve the Stipulated Fina] Judgment as to Parcel l57RDUE; 2. Approve the expenditure and disbw-sement of funds as stated; and 3. Direct staff to deposit the funds into the Court Registry ~ PREPARED BY: Heidi Ashton-Cicko, Assistant County Attorney Page 1 of2 ,Li.;jenda Item No. 16K6 I\pril 22, 2008 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Summary: 16K6 Recommendation to Approve a Stipulated Final Judgment in the Amount of $43,850,00 for the Acquisition of Parcel 157RDUE in the Lawsuit Styled Collier County, Florida v Christopher Link. et aI., Case No. 07-4218~CA (Oil Well Road Project #60044), (Fiscal Impact $9,100,00) 4/22'2008 90000 AM Item Number: Meeting Date: Prepared By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 4/10/20088:51:25 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 4/10/200810:30 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM-ROW 4/101200811:06 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 4/10/200811:07 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 4/10/20084:18 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 4/10/2008 4 :24 PM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 4/10120084:41 PM Approved By OMB Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 4/11/20088:06 AM Approved By Susan Usher Senior Management/8udget Analyst Date County Manager's Office Office of Management & Budget 4/11/200811:41 AM fiJe://C:\AllendaTest\ExDort\l 05-Aoril%2022.%202008\ 16_%20CONSENT%20AGENDA \ 1 ___ 4116/2008 Page 2 of2 -~gencia 'tam )\jJ. '16K6 April :'2, 2008 Page 3 of -13 Approved By Leo E. Ochs, Jr. Deputy County tl!;anager Date Board of County Commissioners County Manager's Office 4/1312008 7 :12 PM tile://C:IAQendaTestIFx001111 OS-Anril%2022.o/'.20200RI J 1i,%20(,ONSFNT%20AGFNOAI 1, 4/1Ii/?OOR Agenda Item No. 16K6 April 22, 2008 Page 4 of 13 PROJECT: PARCEL No(s): FOLIO No(s): 60044 157 40244040006 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinaner referred to as the "Agreement") is made and entered Into on this 16:_ day of ~u'* . 20-'EL, by and between CLARA 16ANEZ, a single person, whose mailing address is 4000 Stonesthrow Court, Naples. FL 34 t 09, (hereinafter referred to as "Owner"), and COLLIER COUNlY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinaner referred to as "Purchaser'). WHEREAS, Purchaser requires a perpetual, non~xclusfve Road Right-af-Way, Drainage and Uulity Easement over, under, upon and across the Jands described in Exhibtt "A", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement"); and WHEREAS, Owner desires 10 convey the Easement to Purchaser for the stated 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, the sum of Ten Dollars ($10,00), and other good and valuable consideratlon, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and belweeo the parties as follows: " All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement 2, Owner shall convey the Property to Purchaser for the sum ot: $43,850.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 ot this Agreement (said transaction hereinafter referred 10 as the .Closing-). Said payment to Owner, payable by County Warrant. shall be futl compensation for the Property conveyed, including all landscaping, trees, shrubs. improvements, and fixtures located thereon, and shall be in full and finai settlement of any damages resulting to Owner's remaining lands, costs to cure, 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 e;l;tending into the Property, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Property to Purchaser, including ail a1torneys' fees, expert witness fees and costs as provided for in Chapter 73, Flonda Statutes. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances lram the Easement upon their recording in lhe pubiiC records of Collier County, Florida. Owner shall cause to be delivered to Purchaser the Items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to 3S "Closing Documents") an or before the date of Closing: (a) Right'ol-Way, Drainage and Utility Easement; (b) Closing Statement; (c) Grantors Non"Foreign, Ta.payer IdentifICation and "Gap' Affidavit; Id) W -9 Form; and (e) Such evidence of authority and capacity of Owner and its representatives to execu~e and deliver this agreement and aU other documen1S required to ~,'=4ellda lisTl ~'JJ" 6K6 - ,t::.r-jr,-1'---'2 '";0')8 ~. ,,- ;. '- ~ r'age :J of 13 Page 2 c<:lrsummate this transaction, as reasonably determined by Purchaser. Purchaser's counsel and/or title company. 4. 80th Owner and Purchaser agree that time is of the essence of this Agreement and that, therefore, Closing shall occur within ninely (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the lerm of this Agreement pending receipt of such insuuments, properly executed. which eifher remove or release any and all such liens, encumbrances Of qualtfjcations affectlng Purchaser's enjoyment of the Easement. At Closing, payment shall be made 10 Owner in thar 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 agrees to relocate any existing irrigation system located on the Property including irrigation lines, ele<.:tricat wiring and sprinkler valves, ete" prior to the construction of Ihe project without any further notification from Purchaser. Owner assumes full responsibility for the relocalion of the irrigation system on the remainder proper1y and its performance atter relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails 10 relocate the irrigation system prior to construction of the project. If Owner elects 10 retain Improvements and/or landscaping ("Improvements") located on the Property, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from Purchasor, Owner acknowledges that Purchaser has compensated Owner for the value of the Improvements and yet Purchaser Is willing 10 permit Owner to salvage the Improvements as long as their retrieval is performed before construction and without inlerruption or inconvenience to the County's CO:1tractor. All Improvements nor removed from the Property prior to construction 01 the project commences shall be deemed abandoned by Owner, This provision shall survive Closing and is not deemed satlsffed by conveyance at title. 6. Owner and Purchaser agree 10 do aU things which may be required to give effac1 to this Agreement immediately as such require-menl is made known to them or they are requested to do so, whichever is the earlier. 7. Owner agrees, represents and warrants the following: (a) Owner has full light, power and authority to own and operate the property underlying the Easement, 10 enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instrumenls eJCeculed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchasers acceptance 01 the Easement shall not be deemed to be fuil performance and discharge of every agreement and obligation on the part of Owner to be pertormed pursuant to the provisions of this Agreement (c) No party or parson other than Purchaser has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so Jong as this Agreement remains in force and effect,. Owner shalt 001 encum~r lY convey any portion of the property undertying the Easement' or any rights themin, nor enter into any agreements granting any person or enbty any rights with reSDect to the Easement, without first obta;nfng the' written consent of Purcf1aser to'such conveyance, encumbrance, or agreement, which corrsent may be withheld by Purchaser for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing. employment, service or other contracts affecting the Easement. Agenda item ~jo, 16K6 April 22, 2008 Page 6 of 13 Page 3 (f) Owner has no knowledge that there are any suits, actions or arbitrallon, administrative or other proceedings or governmental investigations, or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely aHeel 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 dale of this Agreement (9) Purchaser is entering into this Agreement based upon ?wner's representations stated in this Agreement and on the understandmg that Owner 1'1111 not cause the physical condition of the properly underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining \0 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 condtlion at the property under!ylng the Easement or its intended use by Purchaser, (h) The property underlying the Easement and all uses of the said properly, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored. treated or transferred on the property underlying the Easement except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spm or environmenlal law violation on the property contiguous to or in the vicinity of the Easement to be said 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 environmentallfen against the property underlying the Easement: or c) any lawsuit. proceeding or invesHgation regarding the generation, storage. treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provlsion shall survive Closing and is nof deemed satisfied by conveyance of title. 8, Owner shall indemnify, deland, save and hold harmless the Purchaser against and from, and reimburse the Purchaser with respect to, any and aU damages, claims, liabilities. laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under paragraph 7(h),This provision shall sUfYive Closing and is not deemed satisfied by conveyance of title. 9. Purchaser shall pay all fees 10 record any curative instruments required to clear title, all Easement recording faes, ar\d any and all costs andJor fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying tha Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagea, iien.holder or other encumbrance--holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfac1ion, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. In accordance wittJ the provisions of Section 201.01, Florida Statutes, concerning payment of documentary slamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on t'1e instrurr:2nt(s) of lra"ster. unless the Easemen1 is acquired under threat of condemnation~ 10. This' Agreement and the'tarms and provisions hereof shall oe effect/va' as of rhg date this Agreement is executed by both parties and shall inure to tha benefit of and be binding upon the parties hereto and their respective heirs. executors. personal representatives.. successors.,. successor trustees.,andJor assignaes, whenever the context so requires or admits.r 11. If the Owner holds the property underlying the Easement in the form of a partnership. limited partnership. corporation, trust or any form of representative capacity p',;;sncja !t-srn No. 'I ,31<5 ~pcil 22, 2003 peige 7 of 13 Page 4 whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Aorida Statules, under oath, of the name and address of every person having a beneficial interest in the properly underlying the Easemenl before the Easement held in such capacity is conveyed to Purchaser. (If the corporation is registered with the Federal Securities ExchangB 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, Fionda Statutes,) 12. Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is r;onllngent upon no other provisions, condi'lions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached 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 shalf be or any force or effect unless made in writing and executed and dalect by bath Owner and Purchaser. 13, Shouid any part of this Agreemenl be found to be invalid, then such invalid part shall bo severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and eHect and not be affected by such invalidity. 14. This Agreement is governed and construed in accordance with the laws of the State of Aorida. iN WITN~S WHEREOF, the perties hereto have executed this Agreement on this -!-5- day of \'::3',<-0\0 , 2007, Date Acquisition Approved by BCC: 4/25/06, Item IDA, Resolution #2006.t 07 AS TO PURCHASER: DA TEI?",,%.'.i:6~;~?<:)J_ ";:-.'. l~~ BY: J ES COLETTA, Chairman Ct.AR~EZ Me) Jam/It? ,), ti~ ~TYPe) , ,tn"ss ~ign~'Ure) lie; 1L.l- V',1l't'1":'1 N me (print or Type) Approved as to form and ~~stjCiACY:( r 1') ,,-,,_Ellen T, GhadweH VC Assistant County Attort\ey t...IlSl H6Ylsl!'d:3i;9I07 j\,genda Item r~o, 16K6 April 22, 2008 -page 8 of 13 PROJECT NO. 60044 PROJECT PARCEL NO. 157RDUE PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXHIBIT A " , THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF THE SOUTH 180 FEET OF TRACT 125, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA CONTAINING 0,052 ACRES, MORE OR LESS, - .._._...... - '._ .._~ _, _. '_' '___,_" _.._ u_,'_', _.. _.__,._ .'_" -' ,. _." _ .._ "_", _." _ .._" _, ._. ._.'_.. ~lli!._ /' WEsr;i4J.FaF 'EXISTI!':G'1oofCiOnV1DE:EYERGl,"Dt:SebULEVAAORloo<<-WA,V {lioFEEi} _....x__ ,._.. _'__"_' _','_" _ _,"_ ..'......, _._ _.,._.. _.._' '_.._ .._.._.._,._.__ _ u_,._ ....,:,.c, _''-'''''._,,_.. .. _~~b.~~1L""9~~~1-Y~;;E;EU....-J I I i i'EFlPe7uAi... NON.e:twsiVe R(lAQ R!GHT-oF-wA'f, OIWAAGE AND UTIlJrt EASEMENT N~R1H PROPrnTY-'UNE CUrti PROPERTYIINF THE NORTH 75 FEET OF THE SOUTH 180 FEET OF TRACT 125 /1 ~NORTH i: NOT TO SCALE Collier~Tr.rrI$POIIiillol1.\lIlIio;&Cont;w~lll;tf1"'.".naseme..rtDC:ll~ O3.i29IJ1<;24PM !"\g9n::.:a J:8m No. 16K6 ,L\pril 22, 2008 Page 9 of 13 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision ofthe State of Florida, Petitioner, Case No,: 07-4218-CA VS. Parcel No.: 157RDUE CHRISTOPHER LINK, et aI., Respondents. / STIPULATED FINAL JUDGMENT THIS CAUSE having corne before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent, CLARA IBANEZ, by and through her undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 157RDUE, and it appearing to the Court that the parties are authorized to make such motion, the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full compensation due Respondent, CLARA IBANEZ, and the Court being otherwise fully advised in the premises thereof, it is thcrcupon, ORDERED AND ADJUDGED that Respondent, CLARA IBANEZ, have and recover from Petitioncr, COLLIER COUNTY, FLORIDA, the sum of Forty-Three Thousand Eight Hundred Fifty Dollars and Noll 00 ($43,850.00) for Parcel 157RDUE inclusive of attorney's fees, expert fees and costs, as full payment for the property interests taken and for damagcs resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further ~'f"'<~~,''-"'-'--~,'~"'_~'-'_ _'~"'_"."''''''. ,L,genda Hem 1\.)0. 16K6 April 22, 2008 Page 10 of 13 ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit in the amount of Thirty-l'"our Thousand Nine Hundred Dollars and No/IOO ($34,900.00) which was previously deposited into the registry of the Clerk of the Circuit Court toward the acquisition of Parcel I 57RDUE at which time title to said parcel as described in Exhibit "A" vested in the name of Petitioner; it is further ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an additional Eight Thousand Nine Hundred Fifty Dollars and No/IOO ($8,950.00) into the registry of the Clerk of the Circuit Court for the benefit of Respondent; it is furthcr ORDERED that disbursement of the sums on deposit in the Court Registry shall be by further order of this Court; it is further ORDERED that title to Parcel 157RDUE, a Perpetual, Non-Exclusive Road Right-of.Way, Drainage and Utility Easement, bcing fully described in Exhibit "A" attached hereto and incorporated herein, which vcstcd in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated January 9, 2008, and the deposit of money heretofore made, is approvcd, ratified, and confirmed; it is further ORDERED that this Court reserves jurisdiction to cnforce the terms of this Stipulated Final Judl,'lTIcnt; it is further ORDERED that the Noticc of Lis Pendens filed in this action and recorded in Official Record Book 4300, Page 25 I 2 et seq" of the Public Records of Collier County, Florida be dismissed as to Parcel 157RDUE; it is further ORDERED that this Stipulated Final Judgment is subject to approval by the Board of County Commissioners; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore 2 ilern hi:). 16f<6 !\pril 22, 2008 ?a~:e 11 of 13 DONE AND ORDERED in Chambers at Naples, Collier County, Florida this __ day of ,200S. CIRCUIT COURT JUDGE Conformed Copies: Heidi Ashton-Cicko, Esquire Bella Y, Patel, Esquire Veneris Fernandez Mortgage Electronic Registration Systems, Inc. First Magnus Financial Corp, (address unknovm) Kevin Hendricks, Acquisition Mgr/Transp. Bookkeeping 3 P\genda Item 1\]0. 16K6 April 22, 2008 Page 12 of 13 JOINT MOTION FOR STlPULA TED F(NAL JUDGMENT The parties heret)' stipulale and respectfully request IhlS Court to enter the foregoing SHpulated Final Judgment as 10 PUF..c1 157RDUE. Daled:) "\"1 \ b < ! I . I '"\\, i ~R ','--'~"~, :" 't . '" ~ '! ... I..}.'\.h,. 'Ie' BELLA Y_ PATEL,ESQUJRE Florida Bar No, 96167(1 LAW OFFICB of'BELLA y, PATEL PA 13026 Waterfbrd Run Drive jljyorvicw, Florida 33569 (8 [3) 643-2762 '" Telephone (SI3) 643-2612 '" Facsimile AITORl'<"EY FOR RESPONDENT Doted: @ liF.JD1 ASHTON.CleRQ, ESQUIRE Horida B.r No. 966770 OffiCE OF THE C01JN"'N ATI'ORNEY l-Iannon Turner Building 3301 Ea,l ramiami Trail Naples, Florida 34112 (239) 252,,8400 - Telephone (239) 252.6300 '" Facsimile A'ITORNEYFOR PETITlO1'<"ER 4 item r.~o. 161<6 !\pril 22, 20CB Page 13 of 13 PROJECT NO. 60044 PROJECT PARCEL NO, 157RDUE PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH 4- (NOT A SURVEY) EXHIBIT ( I Page 7'L of--l.fi, THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF THE SOUTH 180 FEET OF TRACT 125, GOLDEN GATE ESTATES UNIT NO, 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA CONTA1NING 0,052 ACRES, MORE OR LESS, EASTPROPER~ _..L_.~E.~~~=.~~. _~:~~\~_F~~~.~~~_~~~?::,.~~~~~.~~~T~~~~ ,i~.~~~-::_ .._.. _.._.. .. _P.R?~Q~;i~.o.A~lRJ~.:2!:ll~Y.Q!)~E.E!l..... PEl\PETUAL., NON-EXcWSI\II! ROAD RIGHT-OF-wAy, DRAJNAGE AND unUTY EASEMENT Noon, PROPI"RTY LINt. ~ ~PROPFR1YrINF THE NORTH 75 FEET OF THE SOUTH 180 "EET OF TRACT 125 NORTH NOT TO SCALE