Loading...
Agenda 03/26/2024 Item #16F 2 (Tract 10, Wiggins Bay Phase 1)03/26/2024 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to accept title to Tract 10, Wiggins Bay, Phase I, subject to certain encumbrances, pursuant to Ordinance No. 23-46 and its related amended settlement agreement. OBJECTIVE: To formally accept property for a County parking lot, subject to certain encumbrances, pursuant to Ordinance No. 23-46 and its related amended settlement agreement. CONSIDERATIONS: On October 10, 2023, the Board of County Commissioners (“Board”) approved Ordinance No. 23-46 and its related amended settlement agreement (Agenda Item Nos. 9.A and 12.A). As part of the approval, Lodge Investments is required to convey Tract 10, Wiggins Bay, Phase 1, to the County, free and clear of all liens and encumbrances except for a drainage easement: However, additional and generally harmless title exceptions were discovered during the conveyance process, including the Wiggins Bay’s Declaration of Covenants, County drainage and utility easements, and two blanket Comcast easements. Requiring clear title in earnest would substantially delay the conveyance process with little added value. Additionally, the Grantor represents that pursuant to Ryan vs Town of Manalapan, 414 So. 2d 193 (Fla. 1982) and Public Instruction vs. Town of Bay Harbor Islands, 81 So. 2d 637 (Fla. 1955), the restrictions contained in the Wiggins Bay’s Declaration of Covenants shall not apply to Collier County, a public body, for as long as Collier County owns and uses the Property for public purposes, in this conveyance’s Warranty Deed. Although the County will be accepting the conveyance subject to the Declaration of Covenants and aforementioned representation, the County does not agree to be bound by any of the Declaration’s restrictions or assessments. That being said, staff has 16.F.2 Packet Pg. 1315 03/26/2024 reached out to the Wiggins Bay President and has initiated discussions concerning the parking project. Given the routine nature of the encumbrances, County staff and the County Attorney’s Office believe taking title to the property subject to the encumbrances and being able to move forward with the County’s plans for a parking lot greatly outweigh the risks of substantial delay caused by requiring genuinely clear title. Furthermore, staff does not anticipate that the encumbrances will pose a significant problem to the County’s intention to develop parking on the site. LDC section 10.02.13.F.5. allows for the Board to release a PUD commitment determined to be no longer necessary. Should the Board approve, the property would be accepted subject to those title exceptions enumerated in the attached warranty deed, specifically those listed in its Exhibit “A”. Further, the Board would formally waive the clear title requirements of the settlement agreement. It is worth noting that a gentleman identifying himself as a Board Member of Kinsale Golf Club has reached out to staff with concerns about the historical and permitted drainage on the property and its potential impact on a preserve area within Kinsale Golf Club. Staff contacted the representative and provided assurance that during the construction of the parking lot a design professional will be engaged. At that point, we will be able to further discuss concerns regarding discharge and its potential impacts to adjacent properties. FISCAL IMPACT: Costs for recording will be paid by Lodge Investments, pursuant to Ordinance No. 23 -46 and its related amended settlement agreement. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. - DDP RECOMMENDATION: To approve and authorize the Chairman to accept title to Tract 10, Wiggins Bay, Phase I, subject to certain encumbrances, pursuant to Ordinance No. 23-46 and its related amended settlement agreement. Prepared By: Dan Rodriguez, Deputy County Manager Derek D. Perry, Assistant County Attorney ATTACHMENT(S) 1. Amendment to Settlement Agreement and Release (PDF) 2. Warranty Deed (PDF) 3. Amndmt. to Decl. of Cov. - OR 2209 PG 102 (PDF) 4. Decl. of Cov. - OR 1088 PG 1536 (PDF) 5. Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (PDF) 6. Assignment of Rights - OR 1600 PG 2261 (PDF) 7. Assignment of Dev. Rights - OR 4250 PG 1765 (PDF) 16.F.2 Packet Pg. 1316 03/26/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.2 Doc ID: 27794 Item Summary: Recommendation to approve and accept title to Tract 10, Wiggins Bay, Phase I, subject to certain encumbrances, pursuant to Ordinance No. 23-46 and its related amended settlement agreement. Meeting Date: 03/26/2024 Prepared by: Title: – Facilities Management Name: Vera Ivanova 01/23/2024 1:54 PM Submitted by: Title: – Facilities Management Name: John McCormick 01/23/2024 1:54 PM Approved By: Review: Facilities Management Jennifer Belpedio Manager - Real Property Completed 01/23/2024 2:15 PM Facilities Management John McCormick Director - Facilities Completed 01/23/2024 2:46 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 01/24/2024 12:28 PM County Manager's Office Dan Rodriguez Additional Reviewer Completed 01/26/2024 2:05 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/26/2024 2:10 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/29/2024 8:53 AM Office of Management and Budget Christopher Johnson Additional Reviewer Completed 01/31/2024 10:04 AM County Manager's Office Ed Finn Level 4 County Manager Review Completed 03/20/2024 12:54 PM Board of County Commissioners Geoffrey Willig Meeting Pending 03/26/2024 9:00 AM 16.F.2 Packet Pg. 1317 16.F.2.a Packet Pg. 1318 Attachment: Amendment to Settlement Agreement and Release (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.a Packet Pg. 1319 Attachment: Amendment to Settlement Agreement and Release (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.a Packet Pg. 1320 Attachment: Amendment to Settlement Agreement and Release (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.a Packet Pg. 1321 Attachment: Amendment to Settlement Agreement and Release (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.a Packet Pg. 1322 Attachment: Amendment to Settlement Agreement and Release (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.a Packet Pg. 1323 Attachment: Amendment to Settlement Agreement and Release (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.a Packet Pg. 1324 Attachment: Amendment to Settlement Agreement and Release (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") Paepared bv and return to: Cheryl L. Hastings, Esq. GUNSTER, YOAKLEY & STEWART. P.A 5551 Rjdgewood Drive, Suite 501 Naples, Florida 34108 Parcel No.: 8183048000 pace Above This Line For Reco.ding Data WARRANTY DEED WITNESSETH: THAT Grantor. for and in consrderation of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said Grantee, and Grantee's heirs, personal representatives, successors and assigns forever, thefollowing described land, situate, lying and being in Collier County, Florida: All of Tract 10, Wggins Bay, Phase l, a subdivision in the Southwest quarter of Section 16, Township 48 South, Range 25 East, Collier County, Florida, according to the plat thereof recorded in Plat Book 13, Pages 89 and 90, of the Public Records of Collier County, Florida. SUBJECT TO: Taxes and assessments for the yeat 2024 and subsequent years, zoning and other regulatory laws and ordinances, and those matters listed on Exhibit A hereto. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever AND, the Grantor hereby covenants with said Grantee that the Grantor is laMully seized of said land in fee simple; that the Grantor has good right and lav,iful authority to convey said land; the Grantor does hereby fully warrant title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land rs free of all encumbrances except as noted above. [Signature Page to Follow] t 'arrdnt l).ed (Statutoo, FoDn)Page 1 of 3 THIS WARRANry DEED is made this lb aay of January 2024, by and between TRIDENT- DUNES L.L.C., a Michigan limited liability company, whose post ofiice address is 3400 E. Lafayette Street, Detroit, N/ichigan 48207 ("Grantor"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3335 Tamiami Trail East, Ste 102, Naples, Florida, 341 12 ("Grantee"). lN WTNESS WHEREOF, Grantor has hereunto set grantods hand and seal the day and year first above written. 16.F.2.b Packet Pg. 1325 Attachment: Warranty Deed (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") Signed, seal nd vered in the presence of Wtness #1 Signature llou'tiltt (.Kobe rrs TRIDENT-DUNES L.L.C., a l\ilichigan limited liability company By: Trident Properties, lnc., a [Vichigan corporation, its sole member \r'Uitness #1 Printed Name By rAkh 0ld C0cr(t R0 , Neplr(, Ft 3+tlo Ya Levin, its xecutive Vice President oil, o^. /anoc"-.-- WtnKT2 Srgna'ture p. g,lo\tu tness #2 Printed Name llqLk otd CooJt Rd,\,fl!l,ei,FL 3+llo Witness #2 Postal Address STATE OF (torida. couNry oF (olliLr The foregoing instrument was acknowledged before me by means of physical presence this lb day of January 2024, by Yale Levin, as Executive Vice President of Trident Properties, lnc., a Michigan corporation, as the sole member of TRIDENT-DUNES L.L.C., a Michigan limited liability company, on behalf of the company, who is er know n to me or has produced as identiflcation.il An-rr/lnu KJh,,1 t toil! euntic signaturi €rna y//7rrl Lrh4 ATTEST: CRYSTAL K. KINZEL, CLERK By Deputy Clerk Approved as to form and legality Notary Public Printed Name BOARD OF COUNTY COTVIVISSIONERS COLLIER COUNTY, FLORIDA By Chris Hall, Chairman THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO AGENDA DATED FEBRUARY -, 2024, AGENDA ITEM NO, u Derek D, Perry Assistant County Attorney ..i.rfti il,:&i*i' ";t..t\:.. GII'IA MARIE ITITOiI MY CoirMtgSrON * HH 37r 079 EXPIRES:July 7, 2027 Wandntr Deed lstatuto\' lotm) \) Wtness #1 Postal Address ACCEPTANCE BY GRANTEE: Page 2 of 3 @ 16.F.2.b Packet Pg. 1326 Attachment: Warranty Deed (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 1 3 4 6 7 8 o EXHIBIT A Conditions, restrictions and limitations together with Easement as reserved for public utility purposes as shown on Plat recorded in Plat Book 13, Page 89, of the Public Records of Collier County, Florida, as affected by Affidavit of Terry E. Wilkinson, PLS #4045, recorded in Offlcial Records Book 1093, Page 514, of the Public Records of Collier County, Florida. Wiggins Bay Declaration of Covenants dated June 20,1984, recorded June 21, 1984 in Official Records Book 1088, Page 1536, as affected by Declaration and Grant of Easement recorded in Official Records Book 1252, Page 1537, Certificate recorded in Official Records Book 1360, Page 367, Amendment recorded in Official Records Book 2209, Page '102, Assignment of Developer Rights recorded in Official Records Book 4250 Page 1765, and Notice of Preservation of Use Restrictions Under Marketable Record Title Act recorded April 29, 2015 in Official Records Book 5145, Page 2739, and also as affected by Assignment of Rights recorded in Offlcial Records Book 1600, Page 226'1 , Amended Assignment of Rights recorded in Official Records Book 1643, Page 561 and Designation of Successor Declarant and Assignment of Rights recorded in Official Records Book 1643, Page 562, all affected by Order recorded in Official Records Book 4521 , Page 2399, all of the Public Records of Collier County, Florida, and any amendments thereto, if any. Pursuant to Ryan vs Town of lvlanalapan,4l4 So.2d 193 (Fla. 1982) and Public lnstruction vs. Town of Bay Harbor lslands.81 So.2d 637 (Fla. 1955), the restrictions contained in the foregoing shall not apply to Grantee, a public body, for as long as Grantee owns and uses the Property for public purposes. Wiggins Bay Planned Unit Development Ordinance adopted by the Board of County Commissioners dated December 28, 1992 being PUD Ordinance 82-121 . Drainage easement by Wiggins Bay Association, Ltd., an lllinois limited partnership, in favor of Collier County, a political subdivision of the State of Florida, recorded in Official Records Book 1088, Page 1562, and Official Records Book 1088, Page 2222, both of the Public Records of Collier County, Florida. Easement in favor of Collier County recorded October 24, 1 984 in Official Records Book 1 106, Page 309, of the Public Records of Collier County, Florida- Settlement Agreement and Release by and between The Board of County Commissioners of Collier County, Florida, and Lodge Abbott Associates, LLC, recorded June 10, 2008 in Official Records Book 4368, Page 2345, as affected by Amendment to Settlement Agreement and Release recorded October 16,2023 in Official Records Book 6297, Page 417, of the Public Records of Collier County, Florida. Grant of Easement in favor of Comcast of The South, lnc. recorded February 2,2012 in Official Records Book 4761, Page 462, of the Public Records of Collier County, Florida. Storm Water Drainage Easement Agreement dated January 16, 2023 by and betlveen Trident- Dunes L.L.C., a Michigan limited liability company, and Lodge/Abbott lnvestments Associates LLC, a Michigan limited liability company, recorded January 19,2023 in Official Records Book 6207, Page 3065, and January 20,2023 in Official Records Book 6208, Page 376, as affected by Amendment recorded February 8,2023 in Official Records Book 6214, Page 59, all of the Public Records of Collier County, Florida. 10 tl arruni, Deel (Stahtor,/ f-ont)Page 3 of 3 2. Any and all residual royalty rights of Coastal Petroleum Company, or its assigns, resulting from any agreements with the Trustees of the lnternal lmprovement Trust Fund of Florida, which rights do not include the right to disturb the surface without the consent of the surface owner. Grant of Easement in favor of Comcast of the South, lnc. recorded October 18, 2006 in Official Records Book 4123, Page 3594, of the Public Records of Collier County, Florida. 16.F.2.b Packet Pg. 1327 Attachment: Warranty Deed (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.c Packet Pg. 1328 Attachment: Amndmt. to Decl. of Cov. - OR 2209 PG 102 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.c Packet Pg. 1329 Attachment: Amndmt. to Decl. of Cov. - OR 2209 PG 102 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.c Packet Pg. 1330 Attachment: Amndmt. to Decl. of Cov. - OR 2209 PG 102 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.c Packet Pg. 1331 Attachment: Amndmt. to Decl. of Cov. - OR 2209 PG 102 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1332 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1333 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1334 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1335 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1336 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1337 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1338 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1339 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1340 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1341 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1342 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1343 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1344 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1345 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1346 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1347 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1348 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1349 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1350 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1351 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1352 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1353 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1354 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1355 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1356 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.d Packet Pg. 1357 Attachment: Decl. of Cov. - OR 1088 PG 1536 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.e Packet Pg. 1358 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1359 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1360 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1361 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1362 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1363 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1364 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1365 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1366 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1367 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1368 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1369 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1370 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1371 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1372 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1373 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1374 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1375 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1376 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1377 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1378 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1379 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1380 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1381 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1382 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1383 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1384 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1385 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1386 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1387 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1388 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1389 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1390 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1391 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1392 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1393 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1394 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1395 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1396 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1397 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1398 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1399 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1400 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1401 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1402 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.e Packet Pg. 1403 Attachment: Not. of Pres. of Use Restric. under Mrktble Rec. Title Act - OR 5145 PG 2739 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 16.F.2.f Packet Pg. 1404 Attachment: Assignment of Rights - OR 1600 PG 2261 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.g Packet Pg. 1405 Attachment: Assignment of Dev. Rights - OR 4250 PG 1765 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.g Packet Pg. 1406 Attachment: Assignment of Dev. Rights - OR 4250 PG 1765 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay") 16.F.2.g Packet Pg. 1407 Attachment: Assignment of Dev. Rights - OR 4250 PG 1765 (27794 : Conveyance Tract 10, Wiggins Bay, Phase I Ord. No. 23-46 "Kalea Bay")