Agenda 09/22/2020 Item #16C 6 (Partial Release Acdess License Agreement)16.C.6
09/22/2020
EXECUTIVE SUMMARY
Recommendation to approve a Partial Release of an Access License Agreement that the County
entered into with Minto Sabal Bay, LLC and Isles of Collier Preserve Property Owner Association,
Inc.
OBJECTIVE: To process a Partial Release of the Access License Agreement between Minto Sabal Bay,
LLC ("Minto") and Isles of Collier Preserve Property Owner Association, Inc. ("Owners") and Collier
County ("County").
CONSIDERATIONS: Minto is in the process of Transferring 780 acres of Conservation Areas
consistent with the requirements of the Sabal Bay permits to FDEP/ Rookery Bay. The Owners' attorney
has requested that the County release certain lands that are to be dedicated to the State of Florida for
conservation purposes as required by the Sabal Bay MPUD, Ordinance No. 12-12 ("Conservation
Lands") from the Access License Agreement dated December 13, 2016 and recorded at OR Book 5346,
Page 1641 (attached for reference).
Per the Owners' attorney, the State of Florida requests that the Conservation Lands be released so it is
clear that the State of Florida will have no obligations (construction, maintenance, security, mitigation,
indemnification, and insurance) pursuant to the terms of the Access License Agreement.
However, please be advised that the Conservation Lands being released are not applicable to the Access
License Agreement. Rather, as acknowledged by the Owner's attorney and as started in the attached
Partial Release and as shown on the attached location map, the Conservation Lands are not within the
boundaries of the lands that are subject to the Access License Agreement. Also, as you can see on the
location map, the Conservation Lands are distant from the lands subject to the Access License
Agreement. Accordingly, the request for a partial release is unusual and irrelevant as the County is
releasing lands from the Access License Agreement that are not owned by the County or applicable to the
Access License Agreement. In brief, the .05 acres of land applicable to the Access License Agreement
are not a part of the 780 acres to be dedicated to the State of Florida for conservation, nor is the .05 acres
in the immediate proximity of the 780 acres.
Notwithstanding the foregoing, Real Property was directed to proceed with the Partial Release and the
document has been reviewed and approved by the Owner's attorney and the County Attorney's Office.
FISCAL IMPACT: There is no cost to the County.
LEGAL CONSIDERATIONS: In summary, no matter the course of action taken by the Board, this
item is approved as to form and legality and requires a majority vote for Board approval.
As background, I was informed that Owner's attorney has made efforts to convince the State of Florida
that the Partial Release is not necessary because the County has no interest in the land sought to be
released. With this said, there is no negative consequence to the County for releasing an interest that the
County does not otherwise hold. - JAB
GROWTH MANAGEMENT IMPACT: There is no impact to the current Growth Management Plan.
RECOMMENDATIONS: That the Board of County Commissioners:
1. Approve the attached Partial Release of Access License Agreement
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09/22/2020
16.C.6
2. Authorize the Chairman to execute the Partial Release of Access License Agreement
3. Direct the County Manager or his designee to follow all appropriate closing procedures, and
to record the Partial Release of Access License Agreement in the Public records of Collier
County, Florida.
Prepared by: Jay Malamphy, Property Acquisitions Specialist, Facilities Management Division
ATTACHMENT(S)
1. Partial Release of Access License Agreement (PDF)
2. Location Map (PDF)
3. Access License Agreement (OR 5346 PG 1641) (PDF)
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16.C.6
09/22/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.6
Doe ID: 13431
Item Summary: Recommendation to approve a Partial Release of an Access License Agreement
that the County entered into with Minto Sabal Bay, LLC and Isles of Collier Preserve Property Owner
Association, Inc.
Meeting Date: 09/22/2020
Prepared by:
Title: — Facilities Management
Name: Jay Malamphy
08/31/2020 5:05 PM
Submitted by:
Title: Director - Facilities Management — Facilities Management
Name: Damon Grant
08/31/2020 5:05 PM
Approved By:
Review:
Facilities Management
Facilities Management
Public Utilities Operations Support
Public Utilities Department
Public Utilities Department
Public Utilities Department
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Budget and Management Office
County Manager's Office
Board of County Commissioners
Damon Grant
Director - Facilities
Toni Mott
Additional Reviewer
Joseph Bellone
Additional Reviewer
Dan Rodriguez
Additional Reviewer
Drew Cody
Level 1 Division Reviewer
George Yilmaz
Level 2 Division Administrator Review
Jennifer Belpedio
Level 2 Attorney of Record Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Ed Finn
Additional Reviewer
Sean Callahan
Level 4 County Manager Review
MaryJo Brock
Meeting Pending
Completed
08/31/2020 5:09 PM
Completed
09/02/2020 11:53 AM
Completed
09/02/2020 12:15 PM
Completed
09/02/2020 1:40 PM
Completed
09/02/2020 3:06 PM
Skipped
09/02/2020 4:40 PM
Completed
09/09/2020 11:32 AM
Completed
09/09/2020 11:39 AM
Completed
09/09/2020 12:54 PM
Completed
09/10/2020 4:36 PM
Completed
09/14/2020 2:30 PM
09/22/2020 9:00 AM
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16.C.6.a
Prepared By and Return To:
Steven J. Bracci, Esq.
STEVEN J. BRACCI, PA
9015 Strada Steil Court, Suite 102
Naples, Florida 34109
Telephone: (239) 596-2635
PARTIAL RELEASE OF ACCESS LICENSE AGREEMENT
THE UNDERSIGNED, COLLIER COUNTY, a political subdivision of the State of Florida
("Coun "),whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 MINTO 31
SABAL BAY, LLC, a Florida limited liability company ("Minto"), whose mailing address is 4280 m
Tamiami Trail E, Ste 203/204, Naples, Florida 34112, and ISLES OF COLLIER PRESERVE
PROPERTY OWNERS ASSOCIATION, INC., a Florida not for profit corporation (the "POA" and Y
together with Minto, the "Owners'), whose mailing address is 2970 University Parkway, Suite 101, a0
Sarasota, Florida 34243, do hereby agree as follows:
M
WHEREAS, pursuant to an Access License Agreement dated December 13, 2016, and recorded at M
OR Book 5346, Page 1641, Official Records of Collier County, Florida (the "Access License Agreement"),
the County granted a non-exclusive revocable license in favor of the Owner, for the construction, operation
and maintenance of a pedestrian sidewalk and bike path over, across and upon that portion of the County E
Property more particularly described in the Access License Agreement (the "License Area"); and
WHEREAS, the Access License Agreement provides that the Owners have certain construction,
maintenance, security, mitigation, indemnification and insurance obligations including, without limitation,
those set forth in Sections 5, 6, 7,9, 10 and 11, respectively, of the Access License Agreement (collectively,
the "License Obligations"); and
WHEREAS, consistent with the "Sabal Bay MPUD" approved and adopted by the County
pursuant to Ordinance No. 12-12, Minto intends to dedicate that certain portion of the Owners' Property
more particularly described on Exhibit "A" hereto to the State of Florida for conservation purposes (the
"Conservation/Release Parcel"); and
WHEREAS, the Conservation/Release Parcel is distant from, and does not fall within the
boundaries of the License Area, and
WHEREAS, as a condition to the dedication of the Conservation/Release Parcel, the State of
Florida has requested that the County release the Conservation/Release Parcel from the Access License
Agreement so that it is clear that the License Obligations do not constitute obligations of the State of Florida
as successor -in -interest to the Owners; and
WHEREAS, the parties generally desire to accommodate the dedication of the
Conservation/Release Parcel by releasing the Conservation Parcel from the Access License Agreement,
NOW, THEREFORE, in consideration of the foregoing, and the sum of TEN DOLLARS ($10.00)
and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged
by each party, the parties hereto do hereby fully release the Conservation/Release Parcel from the Access
License Agreement.
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16.C.6.a
IN WITNESS WHEREOF, this Release has been executed this _ day of , 2020.
AS TO COUNTY: BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
ATTEST:
CRYSTAL KINZEL, Clerk By: m
Burt Saunders, Chairman
Deputy Clerk �°o
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APPROVED AS TO FORM AND LEGALITY:
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Jennifer A. Belpedio S�
Assistant County Attorney
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16.C.6.a
AS TO OWNERS:
WITNESSES:
(signature)
(printed name)
(signature)
(printed name)
STATE OF _
COUNTY OF
MINTO SABAL BAY, LLC, a Florida limited
liability company
By:
Print Name;
Its:
The foregoing instrument was sworn to, subscribed and acknowledged before me by means of _
physical presence or _ online notarization, this _ day of , 20_, by
, as of MINTO SABAL BAY, LLC, a Florida
limited liability company, who is/are personally known to me or who has/have produced
as identification.
(seal)
Notary Public
Name:
My Commission Expires:
Cp,O
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16.C.6.a
WITNESSES: ISLES OF COLLIER PRESERVE
PROPERTY OWNERS ASSOCIATION, INC.,
a Florida not for profit corporation
By:
(signature) Print Name;
Its:
(printed name)
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a_
(signature)
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(printed name) },
STATE OF _
COUNTY OF
The foregoing instrument was sworn to, subscribed and acknowledged before me by means of _
physical presence or _ online notarization, this _ day of , 20_, by
, as of ISLES OF COLLIER PRESERVE
PROPERTY OWNERS ASSOCIATION, INC., a Florida not for profit corporation, who is/are personally
known to me or who has/have produced as identification.
(seal)
Notary Public
Name:
My Commission Expires:
Eel
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16.C.6.a
EXHIBIT "A"
LEGAL DESCRIPTION OF THE CONSERVATIONIRELEASE PARCEL
Being a part of Sections 23, 25, 26, and 36, Township 50 South, Range 25 East, Collier
County, Florida
(Conservation Area 4)
Beginning at the Northwest Corner of Section 36, Township 50 South, Range 25 East,
Collier County, Florida;
Thence along the south line of said Section 26, South 89°32'22" West 2,696.15 feet;
Thence continue along said south line South 89°29'09" West 2,696.69 feet to the Southwest,
Corner of said section 26;
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Thence along the west line of said Section 26, North 00°22'46" East 2,689.10 feet;
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Thence continue along said west line North 00°22'20" East 2,690.20 feet to the Northwest
Corner of said Section 26;
Thence along the west line of said Section 23, North 00°06'08" West 669.97 feet to a point
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on the boundary of the waters of Tide Creek;
Thence along the said waters of Tide Creek In the following five (5) described courses:
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1. South 72°03'02" East 21.83 feet;
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2. North 67°33'05" East 379.44 feet;
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3. North 52°01' 13" East 129.24 feet;
4. North 33°49'42" East 177.12 feet;
5. North 24° 17'32" East 213.58 feet;
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Thence leaving said waters of Tide Creek, South 00°00'00" East 1,283.75 feet;
Thence South 90°00'00" East 2,035.20 feet to a point on the west boundary of the plat of
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Naples Groves and Truck Co's Little Farms No. 2, as recorded In Plat Book 1, page 27 of
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the public records of Collier County, Florida;
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Thence along said west line South 00°20'27" West 1,270.25 feet to the Southwest corner
of Lot 79 of said plat;
Thence along the South line of said Lot 79 North 89°31'43" East 1,346.87 feet to the
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fractional corner of said Section 26 being the Northwest corner of the Northwest Quarter
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of the Southeast Quarter of the Northeast Quarter of Said Section 26;
Thence along said fractional line South 00" 19'29" West 671.99 feet to the Southwest comer
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of said fractional quarter;
Thence along the south line of said fractional Quarter North 8991'42" East 673.39 feet to
the Northwest corner of Lot 81 of Said Naples Grove and Truck Co's Little Farms No. 2;
Thence along the west line of said Lot 81 South 00°12'23" West 672.16 feet to the
Southwest corner of said Lot 81;
Thence along the south line of said Lot North 8991 '43" East 672.16 feet to the East line
of said Lot and the east line of said Section 26;
Thence along said east line South 00°19'09" West 1,443.97 feet;
Thence leaving said east line South 90°00'00" East 1,535.15 feet; Thence South 00°00100,,
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West 644.53 feet;
Thence North 90°00'00" East 2,595.79 feet;
Thence South 00°00'00" East 1,605.88 feet;
Thence South 89°28'26" East 1,180.89 feet to a point on the east line of said Section 36•
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16.C.6.a
Thence along said east line South 00' 19'56" West 469.92 feet;
Thence leaving said east line North 87028'51" West 5,326.38 feet;
Thence North 00°14'25" East 1,254.17 feet to the POINT OF BEGINNING.
Containing 780.03 acres more or less.
Bearings are based on the south line of said Section 26, being South 89°32'22" West.
Packet Pg. 1367
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16.C.6.c
INSTR 5348751 OR 5346 PG 1641 RECORDED 12/22/2016 10:27 AM PAGES 16
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $137.50
Project: ENCP/Isles of Collier Preserve Access
Folio No.: 00395680009 and 52505043028
ACCESS LICENSE AGREEMENT
THIS ACCESS LICENSE AGREEMENT (the "License Agreement") is made this 13t L' M
day of �2016, by and between COLLIER COUNTY, a political m
subdivision of the State of Florida, its successors and assigns, whose mailing address is c
c/o Real Property Management, 3335 Tamiami Trail East, Suite 101, Naples, Florida
34112, (hereinafter "County"), and MINTO SABAL BAY, LLC a Florida limited liability
company, its successors and assigns, whose mailing address is 4400 W. Sample Road, M
Suite 200, Attn: Michael J. Belmont, President, Coconut Creek, FL 33073 and ISLES OF
M
COLLIER PRESERVE PROPERTY OWNERS ASSOCIATION, INC., a Florida not for profit
corporation, its successors and assigns, whose mailing address is c/o GRS Management
Associates, 9990 Coconut Road, Suite 380, Bonita Springs, FL 34135 (hereinafter
to
collectively "Owner"). r
WITNESSETH:
WHEREAS, County owns that certain real property located in Collier County,
Florida, known as the East Naples Community Park, described in Exhibit "A" attached
hereto and incorporated herein, (hereinafter "County Property"); and
WHEREAS, Owner owns that certain adjacent real property located in Collier
County, Florida, known as Isles of Collier Preserve, described in Exhibit "B" attached
hereto and incorporated herein, (hereinafter "Owner's Property"); and
WHEREAS, County desires to grant a non-exclusive revocable license in favor of
Owner, for the construction, operation and maintenance of a pedestrian sidewalk and
bike path over, across and upon that portion of the County Property more particularly
described in attached Exhibit "C," which is incorporated herein by reference
(hereinafter "License Area").
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by each party, it is hereby agreed between the parties that the terms,
conditions, and provisions contained herein are acceptable as follows:
1. Recitals. The foregoing recitals are true and correct and incorporated herein
by reference.
2, License. County does hereby grant to Owner, a revocable, non-exclusive
license for the construction, operation and maintenance of a pedestrian sidewalk
and bike path over, across and within License Area, with a surface of not more
0
Packet Pg. 1369
16.C.6.c
OR 5346 PG 1642
than five feet in width, in accordance with this Agreement. This license shall be
revocable at will by County upon thirty (30) days written notice to Owner and after
an affirmative vote to revoke this License Agreement by the Collier County Board
of County Commissioners at a properly noticed public meeting.
3. Use of Sidewalk and Bike Path. Owner may construct, install, operate and
maintain improvements within the License Area for purposes of a sidewalk and bike
path to and from the County Property by residents of the Isles of Collier Preserve m
neighborhood as described in Section 4. Provided, however, no motorized vehicle �+
of any kind is allowed on the sidewalk and bike path. Notwithstanding any term of
this License Agreement to the contrary, the County and its employees, contractors,
0
and agents and the general public shall have continuous access over, and use of
the License Area. Owner's use of the License Area shall be subject to all rules,
regulations and restrictions governing the use of County's Property, including M
security and hours of operation. M
4. Design of Sidewalk and Bike Paths. All plans for the construction of the
sidewalk, bike paths and associated improvements, including materials to be used
in the improvements, are attached hereto as Exhibit "Y (hereinafter
"Improvements"). Such plans shall be presented to the County Manager, or his
designee, on behalf of the Collier County Parks & Recreation Division, and the
Collier County Engineering Services Section, for review and approval by said
Division and Section, prior to Owner's submittal for development approval at the
County's Growth Management Department Offices. The parties acknowledge and
agree that this approval of the sidewalk and bike path design is a condition of
granting of this license and shall not be construed as part of the County's required
development review or a waiver of any provision of the Collier County Land
Development Code.
5. Construction of Sidewalk and Bike Paths. The planning, permitting and
construction of all Improvements permitted within the License Area pursuant to the
terms of this License Agreement shall be at the sole cost and expense of Owner,
and shall comply with all federal, state, local and quasi -governmental laws,
ordinances, rules and regulations, including, but not limited to, environmental
permitting or permit modifications on both the County's Property and the Owner's
Property relating to this access. This shall include, but not be limited to,
amendment to the County's Site Development Plan, and any Conservation
Easement and Environmental Resource Permit encumbering County's Property.
Prior to commencement of construction, Owner shall provide County with
satisfactory evidence that Owner has obtained all necessary permits, approvals
and modifications required for the Improvements, and an amendment to County's
Site Development Plan, to allow the proposed uses. Owner shall not apply for an
amendment to the County Site Development Plan until Owner has obtained all
other permits and approvals required for the Improvements. Owner shall
substantially complete construction of the Improvements within two years from the
date of this License Agreement.
0
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16.C.6.c
OR 5346 PG 1643
6. Maintenance of Sidewalk and Bike Paths. Owner shall have the sole
responsibility to maintain and repair in a proper, substantial, and workmanlike
manner, the Improvements installed by or at the direction of Owner within the
License Area. Should the Owner fail to maintain the License Area in accordance
with Exhibit "D" or law, the County may provide notice to the Owner in writing,
specifying the nature of the deficiency. Within five working days following receipt
of such notice, the Owner at its sole cost shall cause the appropriate repairs or
cure to be effected. In the event damage to, or failure to maintain the License
m
Area results in a situation where public safety is at risk, (1) the Owner shall effect
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repairs within twenty-four hours of receipt of the County's written notice, or (2) the
County may, at its option, effect repairs to the Improvements, without the need for
0
prior notice to the Owner, and will promptly bill the Owner for all actual costs
incurred in effecting the repairs. The Owner shall reimburse the County for such
costs within thirty days of receipt of the County's bill.
M
7. Security. Owner shall be responsible for securing the border of Owner's
Property and County shall not be responsible for any claim or liability arising from
access to or from Owner's Property through the License Area. Owner shall install
to
and maintain a locking gate on Owner's Property adjacent to the License Area.
Owner shall also install and maintain signage on Owner's Property restricting
a.
access to only the hours the East Naples Community Park is open to the public.
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County may, at its discretion, secure County Property by placing its own lock on
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Owner's gate.
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8. Reservation. County reserves the right to use the License Area and all
completed improvements for access by its employees, contractors, agents,
invitees, vendors and the general public.
9. Mitigation. In the event that mitigation is required by any agency relating to
the Owner's use of the License Area, Owner will be solely responsible for the costs
associated with that mitigation and shall provide confirmation of the to County
that all mitigation requirements have been met prior to any improvements being
made within the License Area.
10. Indemnification. Owner shall indemnify, defend, save and hold harmless
County, its agents and employees, from and against any suits, demands, claims,
liability, losses, penalties, damages, judgments, orders, decrees, costs and expenses
(including attorneys fees and disbursements and all costs, both at trial and
appellate levels)arising directly or indirectly from (i) Owner's design, construction or
use of the License Area, (ii) any work or thing done, or any condition created by or
on behalf of Owner on or about the License Area, (iii) any condition of the License
Area due to or resulting from any default by Owner in the performance of its
obligations under this License Agreement or otherwise, or (iv) any act, omission,
error or negligence of Owner, its agents, contractors, employees, licensees,
members or invitees on, about or in connection with the License Area. This
indemnification shall survive the termination of this License Agreement.
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16.C.6.c
OR 5346 PG 1644
11. Insurance. Owner shall provide and maintain insurance on the License Area as
required by County, in an amount and on terms acceptable to County. Such
insurance shall include, but not be limited to, general liability and property liability
policies. In addition, Owner shall maintain and provide Worker's Compensation
Insurance meeting statutory limits in compliance with all applicable state and
federal laws. The coverage shall include Employer's Liability Insurance. All such
insurance policies shall list and continually maintain County as an additional
insured. Evidence of such insurance shall be provided to the Collier County Risk
m
Management Division and shall include a provision requiring not less than ten (10)
�+
days prior written notice to County in the event of cancellation or change in
coverage.
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12. Default. Owner's failure to comply with any provision of this License Agreement
shall constitute a default, whereupon County may (i) sue for specific performance,
M
(ii) cure such default or perform such provision and charge Owner with County's
expenses for such performance, (iii) seek any other remedy available at law or in
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equity, or (iv) upon written notice of such default to Owner, terminate this License
Agreement pursuant to its revocable nature and unilaterally record a written
to
termination of this License Agreement in the Public Records of Collier County,
Florida. County's delay or failure to exercise any right, power or remedy accruing
a
under this License Agreement shall not waive or impair any such right, power or
co
remedy; nor shall such delay or failure to enforce its rights be construed as a waiverLO
of any breach or default, or any similar breach or default by Owner in the future.
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13. Responsibilities upon Termination. In the event this License Agreement is
terminated by either party, for any reason, Owner shall, at the request of County,
remove all improvements to the License Area and return the License Area to its
original condition. Prior to commencement of such restoration work, Owner shall
obtain all necessary permits, approvals and modifications and comply with all
requirements as set forth in Section 5 above.
14. Recording Costs. Owner shall pay all costs of recording this License
Agreement and the recording of any other permit, modification, amendment or
release required by this License Agreement.
15. Notice. Any notice required by this License Agreement shall be in writing to the
other party at the address set forth above. Any notice to County shall include a
copy to the Office of the County Attorney and a copy to the Parks and Recreation
Division.
16. Governing law and venue. This License Agreement shall be governed by, and
construed in accordance with Florida law. Any action hereon or in connection
with this License Agreement shall be brought in Collier County Florida.
17. Assignability. The license created by this License Agreement is for the benefit
of the Owner's Property only. It is not intended, nor shall it be construed, to grant
any right, privilege or interest to any third party or additional property. The license
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16.C.6.c
OR 5346 PG 1645
rights may not be assigned or expanded without the prior written consent of
County, which consent may be withheld in County's sole discretion.
18. Disclosure of obligations. Owner shall record an amendment to the
Declaration of Covenants, Conditions and Restrictions for Isles of Collier Preserve
recorded in Official Records Book 4970, Page 845, of the Public Records of Collier
County, Florida providing for the property owners association to assume
responsibilities for the obligations as set forth herein. Owner shall provide existing m
owners of homes within Isles of Collier Preserve with a copy of the recorded �+
amendment and shall provide new purchasers of homes within Isles of Collier
Preserve a copy of the Declaration for Isles of Collier Preserve, as amended, at the
0
time of contract, and as is customary, each such contract purchaser shall be
required to sign a homeowner association documents acknowledgement as well
as Disclosure Summary regarding the homeowner's association, as required by
Florida law. M
IN WITNESS WHEREOF, County and Owner have caused these presents to be
executed the date and year first above written.
AS TO COUNTY:
ATTEST: r 'rr P� ' BOARD OF COUNTY COMMISSIONERS
DWIGHT R'^OCK' (310k COLLIE COUNTY, FLORIDA
1• r
BY:
Attesf a's to GhaE1lart' peputy Clerk DONNA FIALA, Chairman
signature only.
Approved as to form and legality:
Jennifer A. Belpe 'o,
Assistant County A ey q) 0
Agenda (b
Date
Date
Rec'd
5 � DepN�uty Clerk
Packet Pg. 1373
OR 5346 PG 1646
16.C.6.c
AS TO OWNERS:
(signature) ��nn
(printed name)
(signature
(printed name)
STATE OF
COUNTY OF C'y / U.i '
MINTO SABAL BAY, LLC,
a Florida limited liability company
By:
Print: �N-s•w•.• 3u.�-�o`�c
Its: VILc_ ��a=S �PEN'�
The foregoing Access License A/,9�reemen.t was c�1 knowledgg before me, this C
day of .1��u_ttKbz— , 2016, by Dbi//I ten �Su , as �/ of
Minto Sabal Bay, LLC, on behalf of said company, who is:
(6,rpersonally known to me
OR
( ) has produced
(affix notarial seal)
CKARIXK A, W.LLO
NOTARY PUKJC
STATE OF FLORIDA
CaffleA Od3Qa1 .
E.xp& , 10M6 017
as evidence of identification.
(Sign re of Notary Public)
(Print name of Notary Public)
NOTARY PUBLIC �� O G j f
Serial/Commission #: if any
My Commission Expires: /o / ��
Packet Pg. 1374
OR 5346 PG 1647
16.C.6.c
AS TO OWNERS:
WITNESSES:
(printed ndme) v
(signature)
am'� Ski VA
STATE OF PQrld4
COUNTY OF Is uo
ISLES OF COLLIER PRESERVE PROPERTY
OWN ASSOCIATI , INC.,
0 Flori a not for rofill orporation
By� --
Print: IAw f.A(.w-
Its: President
The foregoing Access License Agreement was acknowledge before me. this "��
day of Ka,4rn�u_r , 2016, by 1?)eto,.6 Cal-e— _ , as President of Isles of
Collier Preserve Property Owners Association, Inc., on behalf of said corporation, who is:
(v "personally known to me
OR
( ) has produced _ as evidence of identification.
(affix notarial seal)
=o�errue�t TE RIE ISSIO #FIFGRE(Signature of Notary Public) ( \
* � * MY CAMMISSION # FF 949077 � J
m s , EXPIRES: April 7, 2020 "`��� t-6� L
1�� 8n^Ced 7Mu Budpet Hohry Services J
(Print name of Notary Public)
NOTARY PUBLIC
Serial/Commission #: if any EF- qEM i`7
My Commission Expires: AI&O 2 4-b 2026
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EXHIBIT "A"
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The Northerly 1,940.99 feet of the Westerly 1,290 feet of Section 24, Township 50 South, Range 25 East, W
Collier County, Florida; less the North 710 feet of the West 990 feet; and less the North 50 feet for road
right-of-way.
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EXHIBIT B
Page —i— of . ,_,(_
All of Lots 70-71 and Lot 91, Naples Groves and Truck Co's Little Farms No. 2, Plat
Book 1, page 27-A, All of Section 25 and part of Sections 23, 24, 26 and 36,
Township 50 South Range 25 East and part of Section 19, Township 50 South,
Range 26 East, Collier County, Florida, being more particularly described as
follows:
Beginning at the Northeast Cotner of Section 25, Township 50 South, Range 25 East,
Collier County, Florida
Thence along the East Line of Said Section 25 South 00°22'18" West 2,687.69 feet;
Thence continue along the cast line of said Section 25 South 00°20'37" West
2,685.56 feet to the Southeast Comer of said Section 25;
Thence along the East line of Section 36 South 00°19'56" West 1,518.00 feet;
Thence North 87°28'51 " West 5,32161.
Thence North 00'14'25" East 1,;5' .1V, t Corner of Said Section
36; /,- `�,
Thence along the south lin ro lion 26 South 89°32'22 es ,696.15 feet;
Thence continue along thVSo e o outh 12 '09" West 2,696.69
feet to the Southwest co er said Sec
Thence along the West I ne ybity °2 ' s 2,689,10 feet;
Thence continue along the_ St nd o i ort 00022'20" East
2,690.20 feet to the No �,� n 2 �-•
Thence along the West 'tri of Section 23 Non L
8" ti 669.97 feet to a
point on the boundary of lets of Tide Creek; Thencealong the said wat Tide Creek inthe ' teen (16) described
courses j
1) South 72°03'02 East�1.3�
2) North 67033'05" East 379. dti
3) North 52°0113" East 129.24 feet;
4) North 33049'42" East 177.12 feet;
5) North 24°17'32" East 213.58 feet;
6) North 09°47'38" East 92.69 feet;
7) North 02°23'54" West 206.58 feet;
8) North 13037'45" West 113.65 feet;
9) South 20°36'46" West 67.51 feet;
10) South 30°00'49" West 157.28 feet;
11) South 10*13'42" West 158.36 feet;
12) South 18*11'42" West 158.09 feet;
13) South 36°39'01" West 190.25 feet;
14) South 64°23'55" West 75.17 feet;
15) South 77°23'16" West 156.99 feet;
16) North 83°1 T49" West 126.98 feet to the west line of said Section 23
Thence along said west line North 00°06'08" West 417.99 feet;
Thence continue along the West line of Said Section 23 North 00°07'16" West
693.72 feet;
Thence North 89°29'07" East 469.67 feet;
Thence North 00004'49" West 453.06 feet;
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Thence North 899013" East 916.44 feet;
Thence North 00*3179" West 567.34 feet;
Thence North 89°27'53" East 300.00 feet;
Thence South 00°32'07" East 60.00 feet;
Thence North 89°28'59" East 980.33 feet to the West line of the plat of Naples
Groves and Truck Co's Little Farms No 2 (Lots 67-69), as recorded in Plat Book 1,
Page 27-A, Public Records of Collier County, Florida.
Thence along said West line South 00°4617" East 308.52 feet;
Thence Continue along said West line South 00"40'46" East 673.87 feet to the
Northwest Comer of Lot 70, of said Naples Groves and Truck Co's Little Farms No
2;
Thence along the North line of said Lot 70 North 89027'07" East 1,322.10 feet to the
North East Corner of said Lot 70;
Thence along the East line of said Lot 70 and Lot 71 of said Plat South 00°43'14"
East 674.00 feet to the Southeast corner of said Lot 71;
Thence along the South line of said Lgtl �au89 8'25" West 1,322.26 feet to the
Southwest comer of said Lot 71; , ` �, 1 U(f�
Thence along the West line o rl'ti�P7afSouth 00°4 347.80 feet;
Thence continue along sai *l 'line South 00°20'27' es 1,344.53 feet to the
Southwest comer of Lot 7 of i Fat;—
Thence along the South ne sa� 9 h 8 ° 1143" st 346.87 feet to the
fractional comer of sai Sc ' e er f the Northwest
Ouarter of the South Ou 1a1o�f� e o It a d S ction 26;
Thence along said fracti nel` West 99 to the Southwest
comer of said fractn 7ional r;
Thence along the south I said fractional Qua x Nrt 1'42" East 673.39
feet to the Northwest corn b of 81 of Said Napled Truck Co's Little
Fauns No. 2; 'j
Thence along the west line o (d Lo u 'ZS� est 672.16 feet to the
Southwest corner of said Lot 81;
Thence along the south line of said Lotgi:'!- 1'43" East 672.16 feet to the East
line of said Lot and the cast line of said Section 26;
Thence along the east line of said Section 26 North 00°19'29" East 2,688.11 feet to
the Northeast comer of said Section 26;
Thence along the East line of said Section 23 North 00°42'49" West 1,351.04 feet to
the southeast corner of Lot 91 of said Naples Groves and Truck Co's Little Farms No
2.
Thence along the South line of said Lot 91 South 89'27'26" West 1,320.61 feet;
Thence along the west line of said Lot 91 North 0004717" West 33'7.27 feet;
Thence along the North line of said Lot 91 North 89°30'57" East 1,320.45 feet to the
east line of said Section 23;
Thence along the east line of Said Section North 00°44'44" West 1,011.86 feet;
Thence Continue along said East line North 00°34'32" West 752.45 feet to the
Southwest comer of that land described in Official Record Book 1027, page 678,
Public Records of Collier County, Florida;
Thence along the South line of said Land North 89113 P59" East 1,289.77 feet;
Thence along the East line of said Land North 00"42'37" West 1,012.36 feet to the
southwest comer of those lands described in O.R.Book 4263, pages 2080-2083 of the
Public Records of Collier County, Florida.
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EXHIBIT
PCge___!3Lot
Thence along the South line of said described lands for the following three (3)
courses:
I) North 89*3l'15" East 1,043.87 feet;
2) North 8991'15" East 31.72 feet;
3) South 78'2642" East 512.62 feet to the East line of said described lands;
Thence along the East line of said described lands for the following four (4) courses:
1) 129.10 feet along the are of a non -tangential circular curve concave west
having a radius 324.97 feet through a central angle of 22'45'44" and being subtended
by a chord which bears North 19'24'23" East 128.25 feet;
2) 204.23 feet along the arc of a non -tangential circular curve concave east
having a radius of 582.39 feet through a central angle of 20'05'30" and being
subtended by a chord which bears North 12'58'06" East 203.18 feet;
3) North 51'08'02" West 222.09 feet;
4) North 38*51'58" East 212.02 feet to a point on the south line of Tract "1J",
according to the plat of Sabal Bay Commercial Plat, Phase Two, as recorded in Plat
Book 41, Pages 10-1 1, Collier Counts a• ,
Thence along said south line Sou 'S ° to et;
Thence leaving said south lin 24 25" Wes et;
Thence 240.24 feet along t al v a circular curve conca ea having a radius of
155.00 feet through cent an c d 'ng sub nd by a chord which
bears South 08°5945" E t 2 91 cc ,
Thence 534.66 feet alonE tha oncave northeast
havine a radius of 1.164(47 et hro t; a en t e l '25' and being_
subtended by a chord w ich a ]tVj° East V7 pit
Thence 231.31 feet alon the rc of a non -tangents circu c t_�idE oncave north
having a radius of 330.00 rough a central an 4 , ' and being
subtended by a chord whic North 82000'09" 1 t to a point of
reverse curvature;
Thence 89.67 feet along the ar (�, to tt e utheast, having a
radius of 720.55 feet through a cen a(tDe'o(0subtended by a chord
which bears North 65'29'15" East 89.61 ,eR?*>r "point of compound curve;
Thence 200.48 feet along the arc of a circular curve concave south having a radius of
400.00 feet through central angle of 28042'58" and being subtended by a chord which
bears North 83'24'38" East 198,38 feet to a point of reverse curvature;
Thence 149.00 feet along the arc of a circular curve concave north, having a radius
of 658.56 feet through a central angle of 12'57'48" subtended by a chord which bears
South 88'42'46" East 148.68 feet to a point of reverse curvature;
Thence 154.54 feet along the arc of a circular curve concave south, having a radius
of 170.00 feet through a central angle of 52005'09" subtended by a chord which bears
South 69'09'05" East 149.28 feet to a point of reverse curvature;
Thence 120.79 feet along the arc of a circular curve concave northeast, having a
radius of 280.00 feet through a central angle of 24'43'02" subtended by a chord
which bears South 55028'02" East 119.86 feet;
Thence South 67'49'33" East 50.39 feet;
Thence 240.08 feet along the arc of a circular curve concave northwest having a
radius of 130.00 feet through central angle of 105'48'48" and being subtended by a
chord which bears North 59'16'03" East 201.39 feet;
Thence North 06°21'39" East 50.13 feet;
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EXH I B I T4
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Thence 34,20 feet along the arc of a circular curve concave southeast having a radius
of 60.00 feet through central angle of 32°39'20" and being subtended by a chord
which bears North 22°41'l9" East 33.74 feet;
Thence North 39°00'59" East 25.13 feet;
Thence 71.88 feet along the arc of a circular curve concave west having a radius of
90.00 feet through central angle of 45°45'41 " and being subtended by a chord which
bears North 16°08'08" East 69.99 feet;
Thence North 61 °44'41" East 65.38 feet;
Thence south 74° 1 VI 2" East 273.05 feet;
Thence South 39°02'44" East 939.04 feet to a point on a Drainage Easement as
Recorded in Official Records Book 4385, Page 3675;
Thence along said easement North 26°07'40" East 137.30 feet;
Thence continue along said easement 121.70 feet along the arc of a circular curve
concave southeast having a radius of 465.97 feet through a central angle of 14°57'51"
and being subtended by a chord which bears North 33°36'35" East 121.35 feet;
Thence continue along said easement East 425.38 feet to Westerly
Right of Way line of US 41 (Ta 90);
Thence along said Right of W Semis °03'59" Eas feet;
Thence Along the bounda at land described in icia Record Book 2605,
page 2479, Records of C lier C n t Follo ing hree (3) described
courses; /
1) South 88° 132
21 South 01046'31" F_ t_ 1 _6. f et
3j North 88°132 " 1 L3O
este i Wayline of Said
Thence along said Right y line SoA" Est feet to a point at
the intersection of said w Right og me of Section 19,
Township 50 South, Range Ede , CollieFlo
Thence along the South line o 3hq%3 "West 1,636.98 feet;
Thence continue along said Sout e�%#Ot(80% ' West 2,491.52 feet to the
POINT OF BEGINNING. _—'-
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EXHIBIT C
Page.,.(—ot Z .�
and Associates, Inc. Civil Engineers, Land Surveyors
DESCRIPTION
Parcel in
Section 24, Township 50 South, Range 25 East
Collier County, Florida
A tract or parcel of land lying in Section 24, Township 50 South, Range 25 East, Collier County,
Florida, said tract or parcel of land being more particularly described as follows:
Commencing at the Northwest corner of Tract "F" as shown on the Record Plat of Isles
of Collier Preserve Phase 7, recorded in Plat Book 6o, at Page 49 of the Public Records of
Collier County, Florida, run S00039'o6"E along the Westerly line of said Tract "F" for
127.57 feet to the POINT OF BEGINNING.
From said Point of Beginning continue S00°306"E along said Westerly line for 44.00
feet; thence run S89°20'54"W for 39.50 feet; thence run N00039'o6"W for 16.75 feet;
thence run S89°20'54"W for 55.00 feet; thence run No0039'o6"W for 10.50 feet; thence
run N89°20'54"E for 55.00 feet; thence run No0039'o6"W for 16.75 feet; thence run
N89020'54"E for 39.50 feet to the POINT OF BEGINNING.
Containing 0.05 acres, more or less.
Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007)
and are based on the Westerly line of Tract "F" to bear Soo° 'o6"E.
Scott A. Wheeler (For The Firm)
Professional Surveyor and Mapper.
Florida Certificate No. 5949
L:\2338o - ICP Phase 8\Surveying\descriptions\2338oSKom.doc
Post Office Drawer 2800 • Fort Myers, FL 33902
Phone (239) 461-3170 • Fax (239) 461-3i6g
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