Parcel 194FEE Folio 00115200009 PROJECT: 90000-Big Cypress Parkway
PARCELS: 194FEE
FOLIOS: 00115200009
TERMINATION&SUBORDINATION OF EASEMENT INTEREST
THIS TERMINATION & SUBORDINATION OF EASEMENT INTEREST is given
this zgr" day of ! 1 f. 2024 by GARGIULO, INC., a Delaware
corporation, whose post office address is 15000 Old US 41 North, Naples, FL 34110
(hereinafter referred to as"Easement Holder"), in favor of COLLIER COUNTY, a political
subdivision of the State of Florida, its successors and assigns,whose post office address
is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples,
Florida 34112 (hereinafter referred to as"Collier County"). Easement Holder is used as
singular or plural,as the context requires.
WITNESSETH:
WHEREAS, Easement Holder is the owner and holder of that certain Access
Easement Agreement by and between Collier Land Holdings, Ltd., a Florida limited
partnership, CDC Land Investments, LLC, a Florida limited liability company, and
Easement Holder, and recorded on June 18, 2019 in Official Records Book 5642, Page
3497 et seq. of the Public Records of Collier County, Florida, (hereinafter referred to as
the "Existing Easement"), encumbering the premises legally described therein
(hereinafter referred to as the"Encumbered Property");
WHEREAS, Collier County has requested and received from the fee simple owner
of the Encumbered Property a warranty deed over, under,on and across a portion of the
Encumbered Property legally described in Exhibit "A"attached hereto and incorporated
herein by virtue of this reference (which premises are hereinafter referred to as the
"Property");
WHEREAS, prior to the conveyance of the Property to Collier County, Collier Land
Holdings, Ltd., a Florida limited partnership and CDC Land Investments, LLC granted a
100'wid access easement to Easement Holder,which was recorded at Official Record
Book (n 53?, Page 119 3 , of the Public Records of Collier County, Florida, a copy of
which is attached hereto as Exhibit"B"("New Easement");and
WHEREAS, Collier County has requested that Easement Holder consent to and
subordinate its Existing Easement to the interest that Collier County has in the Property
to which request Easement Holder has agreed, upon the terms and conditions herein
recited.
NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the Easement Holder does hereby consent to and subordinate its Existing Easement to
the interest held by Collier County in said Property and any interest of Collier County in
any road right of way, sidewalk, utility, drainage, maintenance facilities, and other such
uses (the "Improvements") located therein or affixed thereto, provided however, that if
Collier County constructs a paved roadway running north and south within the Property
("Big Cypress Parkway")then:
a. At such time, Collier County shall also provide a curb cut on the Big Cypress
Parkway at the easterly limit of the New Easement("Curb Cut").
b. Collier County shall not be responsible for the design,permitting or construction of
the paving or drainage or any improvements within the New Easement.
c. Easement Holder may continue to use the Existing Easement until the Big Cypress
Parkway, including the Curb Cut, is constructed and the Big Cypress Parkway,
• with the Curb Cut, is open and available for use to and from Immokalee Road by
the general public.
d. Easement Holder shall automatically release,terminate,and otherwise extinguish
the Existing Easement once the Big Cypress Parkway with the Curb Cut is open
and available for use by the general public to and from Immokalee Road,and such
termination shall be evidenced and recorded by the Easement Holder at its sole
cost in the Public Records of Collier County, at the written request of the County
Manager or designee.
[23-ECM-02886/1847318/11 Page 1 of 2
CAO
e. Big Cypress Parkway shall be constructed so that there is not a median or other
impediment to lefthand turns onto the New Easement at the Curb Cut for vehicles
heading southbound on Big Cypress Parkway. However, if such lefthand turns do
not comply with State of Florida Department of Transportation Design and/or
Safety Standards, lefthand turns shall be provided at an alternative location to be
agreed between the parties that does comply with such Standards and,failing such
agreement, at a location to be determined in the sole and absolute discretion of
Collier County's County Manager or designee
f. Collier County planned improvements shall provide reasonable temporary access
across the Property during the construction of the Big Cypress Parkway so that
Easement Holder's access from Immokalee Road to and from Oil Well Road is not
obstructed. Such reasonable temporary access shall be subordinate to, and not
inconsistent with, Collier County's construction activities of Big Cypress Parkway.
The Existing Easement shall remain in full force and effect until it is terminated as
provided herein.
IN WITNESS WHEREOF, Easement Holder has caused these presents to be
executed this 20+4‘ day of march , 2024.
Witnesses: GARGIULO, INC.,
�� c� � a Delaware corporation
Print Name. _idea,( 7E4(ufkQ4 0144/1111(4sa
Post Office
Address: 15oO0 OI(� Li t !>J By:
t.la plus P 341 t0 Name: Michael t,J. Su1kvan
Title: presicter t / CEO
Print Name: NA.%c.a C>A.t -rt
Post Office
Address: 15000 Old 4-1 l�1
Map lL c L 34-tto
STATE OF F t tdo.. •
COUNTY OF C.o l ii e_f
The foregoing instrument was acknowledged before me by means of thysical
presence oOdUttiliNti aitarization this 20 4hday of NA arch 2024,
by Mi t •,1 040 , as Pre'ieletl4 I CEO of Gargiulo, Inc., a Delaware
corpo*iol3;vr' corporation,who [ trf is personally known to me or[ ]
prodi;ed ••co JARY�e A'•_ Z for identification.
• #HH(48437 Notary:
[NO`AI SAL �y.' n -
'A.' ,o'otledmblic 0�c�g��`� Print Nam-. ,J01(C� • e.01 ns
;*•......• o`\` Notary Public, State of Florida
tf11111 My commission expires: OZ128 2025
Date: 1161 1-8 ,2024 COUNTY:
ATTEST:' BOARD O UNTY COMMISSIONERS,
CRYSTAL K. KINZEL, Clerk of the COLLIE NTY, FL IDA
Circuit Court-&Comptroller
4t_ By:
-L
eputy 01�r seas to airman�f Ch s Hall, Chairperson
s►gnityr.0,arjty _
Aped as to form and legality:
0,0,A, DrA.,,,c4,4 A
D EK D. PERRY, ESQ.
Assistant County Attorney 11,'h�
123-ECM-02 886/1 847 3 1 8/11 ti\ Page 2 of 2
d
•
TE-ROW
9/21/22 194 F E E
. Exhibit A
Page 1 of 5
•
• OFNFRAL NOTES.
SECTION 21 I. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.
SECTION 22 SECTION 23
2. COORDINATES AND BEARINGS ARE BASED ON THE FLORIDA
STATE PLANE GRID,EAST ZONE,83/90 ADJUSTMENT,
3. THE LEGAL DESCRIPTIONS FOR EACH PARCEL IN THIS SKETCH
AND DESCRIPTION ARE WRITTEN IN A CLOCKWISE DIRECTION.
�— — — — — —
----------------1 4. THE LINE ABS CURVE NUMBERS PROCEED IN A CLOCKWISE
L4 DIRECTION AROUND EACH PARCEL AND ARE IN CONSECUTIVE
1-28,'ROAD ORDER,THE FIRST AND LAST LINE AND CURVE NUMBERS FOR
1200'R.OW.) EACH PARCEL ARE SHOWN ALONG WA TN OCCASIONAL LINE AND
(o.R,92e,PG.33]I) 1 CURVE NUMBER DEPICTIONS,FOR MAP CLARITY PURPOSES.
5. P,O.C...POINT OF COMMENCEMENT.
P.O.B...POINT OF BEGINNING.
M... RA
LANE TABLE PARCEL P T U.E..UTILITY EASEMENT. .
MD AVE. .F.. LAIC RING INSTANCE '
SECTION %x IIIi 8
021'1'w i.iol' N '
OR WI. 28 L] R 2E010-W �2R4.UR' 20R COORDINATE IIITINE;PER 7RACi•
ERAOE R0, L4 0'[ 21.66' PARCEL I.E.487891.57 N.718154.06
1100 N.D.w) U• 3 002000'E 3630.77.
s 3020'39'F 567.0l• PARCEL 2-E.488025.30 N.712852.56
L7 S 2513'40'C JOAO.
S w 263112' SCALE: I'=1000 PARCEL 3 E.488029.33 N.712681.50
Ill
N 002147. PARCEL 4:E.480067.01 N.
ION AK N.C. -` PARCEL 5=E.488090.46 N.701709.00708814,37
SECTION 27 SECTION 26
PARCEL 6=E.488095.43 N.700620.61
PROPOSED m'a.E' TOWNSHIP 47 SOUTH, RANGE 28 EAST AAp31n In III2jT PARCEL 7>,E.488E 11.29 N.697UB.4B
A6 DEW,H,q O 1AA PARCEL 8.E.488115.85 N.696201.34
PARCEL 9 ` .
90.41 ACRES '0• P 'Y AA
( ) r`�4O t11, IFICq>.ti AAi PARCEL 9 E.487790.5I N.734026.62' _
6RM AK.R.E. 0. .10 4H\'4.:
c C*, NO.5808 t* PREPARED FOR THE BENEFIT OF:
COLLIER ENTERPRISES MANAGEMENT,INC.
m 1 STATE OF 'w f
GI S O.C AGNOU,BARBER&BRUNDAGE INC.
'70 N '..A r`� PROFESSIONAL ENGINEERS,PLANNERS,SURVEYORS
.,F <Oq)OPT &LANDSCAPE ARCHITECTS
66IN ME N.C. (3 AA.P�,o..........oPb ttaage Pr ...-1 .` :111r.•••
P.D.C.PAR L 9 u P.O.B.PARCEL 9 ATATII2..RIIEILAA4ASAA GEORGE'N. ACKN;;,. iw SEPTEMBER 20,2022
SOUTHWEST CORNER OF 0
SECTION 27,T415,ROBE)LI `, ` NORTH LINE OF '
a `iies�R2ee' LEGAL DESCRIPTION ATTACHED HERETO
,\ NOT A SURVEY
CURE TARE PARCEL 9
00900 RAONs DELTA ANUS ARC LMwrN ?°N COLLIER ENTERPRISES MANAGEMENT, INC. �63gn: `
S \ CI 2000.04' ]3'00' 30.00'
6AM All.N.C. \ C2 2200.00' ]J'1I'3, I2)1.]Y title: DUTCH AND DESCRIPTION OP drawn:
E \, C3 2760.SO. view- 319.37' DK MUSS PARKWAY 0627 A.RAND PART OI IAN •
U 7.190.0A 639'0l' 637.79' MAD 00E rt.S6 AND E4,TOWNSHIP A2 SOUTH.RM06 to GRT Che0Ved:
\ AND EACTIONS D AND O.TOWNSHIP 40 SMITE.RANEE 26 NAST GWB
+21G.00' COWER COUNTY.ELMIRA aced 4:
• 6k: PRI dole: A N2326-SOD
, eVa
\``y`CRAOFL° =W AUAUGUST I2,2022
PROPOSED IA W.--u ,1 ui GNOU le: 1111uu
Ooo'Po w) • LA-RPt y:
BER& t'=I000' 4 pD p
el NO AK.N.S. ,\\ c 11,
8370/14-001B]2 eel t/:-IL '
SECTION 34RUNDA.025 /S
p \\ 0 SECTION 35 ruePae Two se It.nat. H.....U. A..,..7-sioA COoat..•- 1 16
D-20-22 R6Y[9ED. aeWM 0 0 LnW4.4-net 1i1 /:
"w ' /,17328
•
194FEE cont'd
Exhibit A
Page 2 of 5
GENERA! NOTES.
1. DIMENSIONS ARE IN FEET ANO DECIMALS THEREOF.
KM A1E W.C. '
P.O.E.PARCEL 9 u Y P.O.B.PARCEL 9 2. COORDINATES AND BEARINGS ARE BASED ON THE FLORIDA
SOUTHWEST CORNER OF ❑ C STATE PLANE GRID.EAST ZONE,83/90 ADJUSTMENT.
SECTION 27,T47S,R26E)Li \� NORTH UNE OF 3. THE LEGAL DESCRIPTIONS FOR EACH Penal
ARCEL IN THIS SKETCH
-\ ..c, �ilBSTI,R128�E' • I AND DESCRIPTION ARE WRIT1EN IN A CLOCKWSE DIRECTOR,
`\ 4. THE LINE AND CURVE NUMBERS PROCEED IN A CLOCKWISE
CURVE TABLE PARCEL 9 DIRECTION AROUND EACH PARCEL AND ARE IN CONSECUTIVE
CURVE RACAH OEM RCEL ARC LENGTH T ORDER.7HE FIRST AND LA57 LINE AND CURVE NUMBERS FOR
1\`\ CI 2000IS' M ANGLE
C LEN' I EACH PARCEL ARE SHOWN ALONG WITH OCCASIONAL LINE AND
EON ASE.NE. N CURVE NUMBER DEPICTIONS,FOR MAP CLARITY PURPOSES.
C2 22Ga.00' 33'I I'S9' 2004.J]'
5 6.2E C5 2760.00' _ OS' 310.57' 5. P.O.C.-POINT OF COMMENCEMENT.
\I Cl )29U.04' a'2902" 831.79' I P.O.B.a POINT OF BEGINNING.\ Q U.E.-UTILITY EASEMENT.
moo"
PROPOSER 10'u.E--a D
\Y�eAD[9D.Ku SCALE 1'-1000' POB COORDINATE IISTING PER TRACT.
(10G'R.O.w) PARCEL I -E.487891.57 N.718154.06
am ATE.H.E. `\\ PARCEL 2-E.488025.30 N.712882.56
0... SECTION 34 ❑ SECTION 35 PARCEL 3-E.488029.33 N.712682.58
\\ PARCEL 4-E.488067.01 N.706814.37 •
11NE MILE PARCEL 9 PARCEL 3=E.488090.46 N.701709.80
•\,\ OWE 9FlRYlG 015QANCt
in' 2abJ'E .W PARCEL 6=E.488095.43 N.700620.61
,4, L7 1 25'45'4U'E 20.40 PARCEL 7-E.488111.29 N.697138.48 '
SON AVE at f. ,\,\ 9 OW31'29'[ 2631.21' .•
S § G ll0 00'24'55'C 2655.K' PARCEL 8 E.488115.85 N.698201.34
3 419 00.24'52'W 21155.2r PARCEL 9=E.467790.51 N.734026.62
\\ Lll 10D21'49'II 2657.26'
Ill 00.21'47'W 2455.12'-
"*,,PARCEL 9
(90.41 ACRES) ,\;\ TOWNSHIP 47 SOUTH, RANGE 28 EAST
56M A.E.Wr. `\\ ,
•
t3---
\\
TOWNSHIP 48 SOUTH, RANGE 28 EAST
\� LEGAL DESCRIPTION ATTACHED HERETO •
seM.n.W.E. \\ NOT A SURVEY
1OR COLLIER ENTERPRISES MANAGEMENT, INC. 7dsMgn'
\\ HOe: BRRCH AND DESCRIPTION OF O7awn:
RID CYPRESS FAUNAE PARCEL R.BEND PART GF 2AN
SECTION.27,28 AND 34,TOWNSHIP 47 EOM RANGE II EAST ONECRED:
AND SECTIONS 3 AND le,TOWNSHIP 40 SOUTH.RANGE ea EAST OWR f-310.00' \\ ` COWER COUNTY,FLORIDA 7°ROO '
DIE POI date: 12126-RD9
54RI Ali.N.E. _ AUGUST 12,2022 Hew: [
SECTION J \.\ SECTION 2 :::�AGNOI. sane: P�K01j Y.
�irrrpJ}}} I.,, =ia0o• pp\1\ ARDER$ c°8V f' ,,ee118-X
E3RUNDACE,ac B07B/I4-DOTE f:
P7e(e.Hseul.841neen,Plsee6n.canyon 44 IslWees0e Architect.. \I 2 01 5
\\ 9-20-22 REVISED. r..,,.II.e .n W,a ..W..4L1%ii14loui 004 1W=J 2111 ., l4n(ee -te4D I F9e f:
J,17.PRd.
•
•
1 94FEE GD1E'd
Exhibit A
Page 3 of 5
21000' \\
QFNFRAI NOTFS:
SIMN AVE.MtA\\ 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.
O SECTION 3 SECTION 2
2. COORDINATES AND BEARINGS ARE BASED ON THE FLORIDA
\\ STATE PLANE GRID,EAST ZONE,83/90 ADJUSTMENT.
3. THE LEGAL DESCRIPTIONS FOR EACH PARCEL IN THIS SKETCH
AND DESCRIPTION ARE WRITTEN IN A CLOCKWISE DIRECTION.
\\ 4. THE UNE AND CURVE NUMBERS PROCEED IN A CLOCKWISE
DIRECTION AROUND EACH PARCEL AND ARE IN CONSECUTIVE
\ ORDER.THE FIRST ANO LAST LINE AND CURVE NUMBERS FOR
\ EACH PARCEL ARE SHOWN ALONG WITH OCCASIONAL LINE AND
R . ; N CURVE NUMBER DEPICTIONS.FOR MAP CLARITY PURPOSES. •
A S. P.O.C. POINT OF COMMENCEMENT.
PARCEL 9 \\ IP.0.8..POINT OF BEGINNING.
(90.41 ACRES) U.E.-UTILITY EASEMENT.
\`\ P D.E.COORDINATE LISTING PFR TRACT:
TOWNSHIP 48 SOUTH, RANCE 28 EAST SCALE:I.=1000'
PARCEL 1 -E.487891.57 N.718154.06
1 E1 \\G ❑ PARCEL 2 N.E.488025.30 N.712882.56
PARCEL 3-E.488029.33 N.712682.58
L.EB CE PARCEL 9 •
L. olsrou. \\ PARCEL 4=E.488067.01 N.706814.37
LI1 0025'26'E 2850.03'
-210.00 LIT 00.74'42'E 2653.20' PARCEL 5=E.488090.46 N.701709.80
L13 00'25 Se E 342.07'
N4 !I'!9'01'w 06.83' \1x GA SAD. PARCEL 6-E.488095.43 N.700620.61
II!DEV (100'ROWJ .
LIR 0015'50.W 107.17'L1 .'.
1\.\ PARCEL 7=E.48811 i.29 N.6971 J8.48
OPlY W 2C53.15'
Ltd 0025'28"TiMO.Or" PARCEL 8=E.4138115.85 N.696201.34
\`\ PARCEL 9-E.487790.51 N.734026.62
OWAK.NE. •
PROPOSED 10'O.C.--N ,\,\
fl'a; L1 SECTION 10 0 •
\\SEC!ION II
L14 RIVERORASS VILLAGE \1\
.13mlf A N.E. �L15 SRA TRACT 1
\\ LEGAL DESCRIPTION ATTACHED HERETO
\� NOT A SURVEY
00AK.N.E.
,\\ lOf'COLLIER ENTERPRISES MANAGEMENT, INC. aO619n: `
Ulla: SCET 11 AND DESCRIPTION OF drown:
l\ BIC CYPRIS FARNNAT PARCEL F,REINC FART OF 24N
\ slaw.a>,a6 AND 34,Town,47 soma.RANGE es CART CA.Ck44:
AND DICTION!3 AND 10.TORNNKIP 40 ROM,RWCR 30 RA!! d I
COLLIER COUNTY.FL Roo I:
81 7\`\ ( R ♦i Dk:
28P8-SDD
❑ y� P9 AUGUST 12,2022 Hew:T1MI'ES
propel I:
TOWNSHIP 48 SOUTH, RANGE 28 EAST R: N011 scale
=moo' p 1\1\ T•ie RBER G °O9° iAee`18-X
SECTION 15 SECTION 14 RUNDAGE,R2 e57e/14-Dole I
FrcrotlanM.n4lnn.O ..N.4• w 7.IIII p..rchl .b a f 5
D-2D-R2 BEYI .\D \ Lr 1Al.):';';1i F.=faqu4-Awa rd.I:
�Z8 i
Exhibit A
Page 4of5
111 AGNOLI
BARBER &
BRUNDAGE, INC.
Professional Engineers, Planners & Land Surveyors
Collier County:7400 Tamiami Trail N.-Naples,FL-34108 Ph.:(239)597-3111-Fax:(239)566-2203
LEGAL DESCRIPTION OF BIG CYPRESS PARKWAY PARCEL 9
ALL THAT PART OF SECTIONS 27,28 AND 34,TOWNSHIP 47 SOUTH,RANGE 28 EAST AND SECTIONS
3 AND 10,TOWNSHIP 48 SOUTH,RANGE 28 EAST,COLLIER COUNTY,FLORIDA,BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE AFORESAID SECTION 27;
THENCE N 89°36'07"E ALONG THE SOUTH LINE OF SAID SECTION 27 A DISTANCE OF 10.00 FEET TO
AN INTERSECTION WITH A LINE 10.00 FEET EASTERLY FROM AND PARALLEL WITH THE WEST
LINE OF SAID SECTION 27 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING
DESCRIBED,SAID POINT OF BEGINNING OF PARCEL 9 HAVING A NORTHING COORDINATE VALUE
OF 734026.62 AND AN EASTING COORDINATE VALUE OF 487790.51 BASED ON THE FLORIDA STATE
PLANE EAST ZONE, 83/90 ADJUSTMENT;
THENCE N 00°23'53"W ALONG SAID PARALLEL LINE A DISTANCE OF 347.01 FEET TO AN
INTERSECTION WITH A LINE 10.00 FEET EASTERLY FROM AND PARALLEL WITH THE EASTERLY
RIGHT-OF-WAY OF OIL WELL GRADE ROAD(100' R.O.W.);
THENCE N 25°45'40"W ALONG SAID PARALLEL LINE A DISTANCE OF 5284.08 FEET TO AN
INTERSECTION WITH THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD(200' R.O.W.);
THENCE N 89°46'20"E ALONG SAID SOUTH RIGHT-OF-WAY A DISTANCE OF 221.65 FEET TO AN
INTERSECTION WITH A LINE 210.00 FEET EASTERLY FROM AND PARALLEL WITH THE EASTERLY
RIGHT-OF-WAY OF OIL WELL GRADE ROAD;
THENCE LEAVING SAID SOUTH RIGHT-OF-WAY S 25°45'40"E ALONG SAID PARALLEL LINE A
DISTANCE OF 3850,77 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND
HAVING A RADIUS OF 2000.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°35'00"AN ARC
DISTANCE OF 159.99 FEET;
THENCE S 30°20'39"E A DISTANCE OF 567.01 FEET TO THE BEGINNING OF A CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 2200.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°11'59"AN ARC
DISTANCE OF 1274.77 FEET TO AN INTERSECTION WITH SAID EASTERLY RIGHT-OF-WAY;
THENCE S 25°45'40"E ALONG SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 30.40 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS S
89°39'13"W AND HAVING A RADIUS OF 2760.00 FEET;
THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 06°38'03"AN ARC DISTANCE OF 319.57 FEET TO THE BEGINNING OF A
REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 7390.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°39'02"AN ARC
DISTANCE OF 857.79 FEET TO AN INTERSECTION WITH A LINE 210.00 FEET EASTERLY FROM AND
PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF THE AFORESAID SECTION 34;
THENCE S 00°21'47"E ALONG SAID PARALLEL LINE A DISTANCE OF 1216.56 FEET;
THENCE S 00°21'39"E ALONG A LINE 210 FEET EASTERLY FROM AND PARALLEL WITH THE WEST
LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34 A DISTANCE OF 2633.27 FEET;
THENCE S 00°24'53"E ALONG A LINE 210,00 FEET EASTERLY FROM AND PARALLEL WITH THE
WEST LINE OF THE NORTHWEST QUARTER OF THE AFORESAID SECTION 3 A DISTANCE OF 2655.06
FEET;
•
SHEET 4 OF 5
Exhibit A
Page 5of5
THENCE S 00°25'28"E ALONG A LINE 210.00 FEET EASTERLY FROM AND PARALLEL WITH THE
WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3 A DISTANCE OF 2650.05 FEET;
THENCE S 00°24'42"E ALONG A LINE 210.00 FEET EASTERLY FROM AND PARALLEL WITH THE
WEST LINE OF THE NORTHWEST QUARTER OF THE AFORESAID SECTION 10 A DISTANCE OF
2653.20 FEET;
THENCE S 00°25'50"E ALONG A LINE 210.00 FEET EASTERLY FROM AND PARALLEL WITH THE
WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 DISTANCE OF 242.07 FEET;
THENCE LEAVING SAID PARALLEL LINE S 51°59'09"W A DISTANCE OF 106.63 FEET;
THENCE S 89°34'10"W A DISTANCE OF 115.50 FEET TO AN INTERSECTION WITH A LINE 10.00 FEET
EASTERLY FROM AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 10;
THENCE N 00°25'50"W ALONG SAID PARALLEL LINE A DISTANCE OF 307.17 FEET;
THENCE N 00°24'42"W ALONG A LINE 10.00 FEET EASTERLY FROM AND PARALLEL WITH THE
WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10 A DISTANCE OF 2653.15 FEET;
THENCE N 00°25'28"W ALONG A LINE 10.00 FEET EASTERLY FROM AND PARALLEL WITH THE
WEST LINE OF THE SOUTHWEST QUARTER OF THE AFORESAID SECTION 3 A DISTANCE OF 2650.08
FEET;
THENCE N 00°24'53" W ALONG A LINE 10.00 FEET EASTERLY FROM AND PARALLEL WITH THE
WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 A DISTANCE OF 2655.25 FEET;
THENCE N 00°21'39" W ALONG A LINE 10.00 FEET EASTERLY FROM AND PARALLEL WITH THE
WEST LINE OF THE SOUTHWEST QUARTER OF THE AFORESAID SECTION 34 A DISTANCE OF 2633.26
FEET;
THENCE N 00°21'47"W ALONG A LINE 10.00 FEET EASTERLY FROM AND PARALLEL WITH THE
WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34 A DISTANCE OF 2633.12 FEET TO
AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 34 AND THE POINT OF BEGINNING OF
THE PARCEL HEREIN DESCRIBED.
CONTAINING A TOTAL AREA OF APPROXIMATELY 90.41 ACRES.
REF.ABB DWG#12328-SD9
SHEET 5 OF 5
INSTR 6518421 OR 6338 PG 1193 E-RECORDED 3/13/2024 9:33 AM PAGES 7
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
DOC@.70 $0.70 REC $61.00
CONS $10.00
EXHIBIT 73
Page / of
This instrument prepared by:
Larry B.Alexander,Esq.
Jones Foster P.A.
505 South Flagler Drive,Suite 1100
West Palm Beach,FL 33401
EASEMENT AGREEMENT
t i,.-.
THIS EA T GREEMENT (the"Agreement") is made and entered into this 4
day of Imo, ,; , 2024, by and between Collier Land Holdings, Ltd., a Florida
limited partnership whose addres is 999 Vanderbilt Beach Road,Suite 507,Naples,Florida 34108
("GRANTOR"), and Garkil'u;; c., a Delaware corporation, whose address is 15000 Old US 41
North Naples,FL 34110 ("G Z'EE").
.„, .__, ,
, i.,---.3
~ •� :„ RECITALS:
A. Grantor is the fee simPl*ow r" f that certain parcel of land, as more particularly
described on attached Exhibit"A"(the`was ttArea");
B. Grantee is the fee simple owlet f`'" n real property located contiguous to Oil
Well Grade Road and east of the Easement Area`P,;,,"" "); and
C. Grantor desires to establish an access sit over and across the Easement Area
for the benefit of Grantee,as the owner of the Farm,Farm,-nntitts4cessors in title,upon the terms and
conditions herein provided in order to provide ingresaridOz,ss from the Farm over and across
Oil Well Grade Road to the future Big Cypress ParkwaY*sA on Exhibit"A"),once the Big
Cypress Parkway is constructed by Collier County. \ x
.
NOW, THEREFORE, for and in consideration of the -, - '#, en Dollars ($10.00), the
covenants and agreements set forth herein,and other good and v 11" consideration,the receipt
and sufficiency of which are hereby acknowledged, Grantor and ,.' tending to be legally
bound,do covenant and agree as follows: '•
1. The rights, easements,restrictions and obligations established li4greement shall
run with the Easement Area and the Farm burdening the Easement AirOtbr the benefit
of the Farm and shall be binding upon the Easement Area and apptto the Farm.
The easement rights herein granted shall be for the non-exclusive benefit of Grantee,
as the owner of the Farm,its successors in title,and its tenants,customers,mortgagees,
invitees, employees, agents, contractors and licensees, successors and assigns
(collectively, the "Benefited Parties") and remain in effect perpetually to the extent
permitted by law. The benefits and burdens of the easements granted by this Easement
Agreement and the agreements referenced herein shall bind and benefit the Grantor and
Grantee and their respective successors, successors in titles, legal representatives and
assigns.
OR 6338 PG 1194
EXHIBIT 3
Page )-of l
2. Subject to the terms and conditions hereinafter provided, Grantor hereby grants and
conveys to Grantee, for the benefit of the Grantee, as the owner of the Farm, and its
successors in title, a non-exclusive,perpetual easement over,upon,across and through
the Easement Area for the purposes of providing access, ingress and egress by
pedestrian and vehicular traffic.
3. Graut,,,�', s successors and assigns are under no obligation to improve or maintain the
Eas eiit- ._,ea. Grantee shall at its sole expense make such improvements or repairs
to the? ' t Area as Grantee may require in order to utilize the benefits of the
Easemeitd ell ed herein. Notwithstanding the foregoing,in the event one or more of
the Bene�itted;F' . 'es causes extraordinary damage to the Easement Area over and
above ordin" wear and tear by use of such areas in the manner for which it was
intended,then Graptee'� . all repair and restore such Easement Area,at its sole expense,
to a condition 'skib`s at�ftially the same as the Easement Area were in prior to the
extraordinary dam caused by Grantee or its Benefitted Parties.
4. Grantor and Grantee dr' ,axe agree that no party hereto shall at any time erect,
construct, or cause to be ;`. ct '.r constructed, any fence, wall, curb or other barrier
upon the Easement Area other interfere with or restrict the full and complete
use and enjoyment by any p" ` h easement granted herein, except that Grantor or
nY�,;p
any Benefitted Party may maintai,' ,a tall gates within the Easement Area,provided
that Grantor and Grantee have e;al?' to open and travel through all such gates at
all times, and if locked, each of ti i; ;shall have a copy of keys or combinations
necessary to open any locks and trio,Easement Area. After traversing the
Easement Area through a locked gate"�'. traversing such Easement Area shall
lock such gate after each use. • ,,,,
; ,
5. Whenever any construction,maintenance,repo s,�,.�o �„ eacements are performed on an
Easement Area,such work shall be done expedi i .isfy and in a good and workmanlike
manner and in accordance with all applicab'1 awa,:,,codes, rules, statutes and
regulations of governmental authorities having jurisdic`,'' ereof. Such work shall be
carried out in such manner so as to cause the least amisruption as is reasonably
practicable.
6. Grantee shall indemnify, defend and hold Grantor harmless kid„ ;d against any and
all loss,cost,damage,liability or expense(including reasonab'' nays'fees actually
incurred and court costs) incurred by Grantor in connection wifh'the exercise by
Grantee of the easements and rights conveyed herein, except tote extent caused by
the negligence, gross negligence, or willful misconduct of Grantor, its employees,
tenants, contractors, agents or licensees. Grantor shall indemnify, defend and hold
Grantee harmless from and against any and all loss, cost, damage, liability or expense
(including reasonable attorneys' fees actually incurred and court costs) incurred by
Grantee in connection with the breach by Grantor of its obligations created herein,
except to the extent caused by the negligence, gross negligence, or willful misconduct
of Grantee, its employees,tenants,contractors,agents or licensees.
OR 6338 PG 1195
EXHIBIT 0
Page 3 of -7
7. Nothing contained herein shall be deemed to be a gift or dedication of property or
Easement Area affected hereby, or any portion thereof,to the general public or for any
public use or purpose whatsoever, it being the intention that nothing in this Agreement,
expressed or implied, shall confer upon any person, other than the parties hereto, their
respective successors-in-title and the Benefitted Parties, any rights or remedies by
reason of the herein granted easements.
"S
8. The ere . _and burdens of the easements herein granted and the agreements related
theret � ade shall bind and benefit of Grantor and Grantee and their respective
successQ>is,su essors-in-title, legal representatives and assigns.
9. If Grantor or i`arr ee or their successors or assigns seek to enforce,declare,or interpret
this Agreement or,,any,of the terms hereof, the prevailing party shall be entitled to
recover from t ,,"fig prevailing party all costs and expenses actually incurred,
including, without j citation, reasonable attorney's fees at all levels of pre-litigation,
litigation,post-litigatiom peal and at all alternative dispute resolution preparation and
proceedings. Such cost.:apd,e tenses include, but are not limited to, costs of appeal,
court costs, and court rerforter*fees and all actions and matters in the Bankruptcy
Court. ' `t' ,,
('
IN WITNESS WHEREOF, Gr to roil Grantee have executed and delivered this
Agreement as of the day and year first aboVef t,
WITNESSES: ,', 1 LAND HOLDINGS, LTD., a
F1M>211.lipited partnership
F
/1/Y
By:Taol' CE Management,LLC,a
Florida Lifp Liability Company,its
general partner-';.
Print Name: �.~50•N�e;e 1,
qqg V C3ea.cb. K oaot ), 501
NO.PkLJ, FL 341,08
By: _,, 4
S
,crock-afw Print Name:
Print Name: tqlAkekid0403,qIk Title: UIce De T'
cool V and c(bi IV a ca.cvt goad `` ,...�:K;
Fi_ S 01 W C 2 t CJ, r l 3 4 t ° 1 (corporate seal)
OR 6338 PG 1196
EXHIBIT a
Page L of l
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me by means of[(physical presence
or [] online nota tz itt ,this 4- day of MOVaAr1 ,202A-by [PtG{C WW2" ,the
\la. przrzyp ::',,.,•,4if TARPON BLUE CE MANAGEMENT,LLC,a Florida limited liability
company, the Geriefa1.' er of COLLIER LAND HOLDINGS, LTD., a Florida limited
partnership. He " 1..A...'.1,,,r personally known to me or ❑ has produced
as identification.
*dtailldail
:4 Notary Public in the State and County
aforesaid.
(seal) , commission Number: {� �-t Oq?j
s'I,; ; - ,.Commission expires: A";'a'�,(4 ,PO Al
, rint-- Vary Name: 1.400(V IAItor(SP IrlOVaLlec
.e" � 4
R. ►Al1REN TAYLOR CLARKE MORALES" N. 1
,,.= : '��Com``m-iission#HI.J 261093 \y
,'FR�RiP,' �N� y 4,2026 z;;ems 1`
�':.
OR 6338 PG 1197
EXHIBIT i3
Page
IN WITNESS WHEREOF,Grantee executed and delivered this Agreement as of the day
and year first above written.
GRANTEE:
-
Witnesses: "k.---"•.:, •
"").
Gargiulo,Inc.
By:
Print Name: 2 aLc,(KiXikati---
1 5 000 u s ow k.“ Li% tsi ,--tv, Ncte4(5Name: Michael W. Sullivan
Li
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i
''''f"
,--4: -_ ?
Title:President and CEO
v
Print Name: C-Iii1/4;4 fr-4) ',I
1 000 US. Old Uk-iNi cleti' :4IS..t34110
STATE OF FLORIDA
COUNTY OF COLLIER
,
The foregoing instrument was ackn' . leda efore me by means of[Jrphysical presence
,.:
or [] online notarization on this iti-th day of'-
z "
, 202g by Michael W. Sullivan, as
the President and CEO of Gargiulo, Inc., a ' ti e_ corporation. Such person is
personally known to me or has produced a valid(144'6 I nse as identification.
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oR 6338 PG 1198
EXHIBIT 73
Page G7 of 1
EXHIBIT"A"
EASEMENT AREA
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*** OR 6338 PG 1199 ***
EXHIBIT
Page 1 of 1
1
1 Ifll GRAM ROAD
.
ALL MAT PART OF SECTION 34.TOANSHI AI SSIU`IH.BA000?7N EAST,COWER COUNTY,FLORIDA,BEING YORE
PARTICULARLY DESCRIBED AS FOLLOWS:
C044ENCING AT ME NORTHWEST CIMNER M 9AOI OIHN,..T••'3(
THENCE S 00'11'AY E ALONG THE LEST UNE OF SAIL. CT01E'.St` DISTANLE oT ISA6.0A FEET;
THENCE LEAVING SAID WEST LINE N 69'36'13'E 1\•QIST_ E Ol'210 FEET TO THE POINT Of BCGINNNG OF DIE
PARCEL HEREIN REINS DESCRIBED: 5 3
.
THENCE N R ROE A 'RDISTANCE Of 461.99 FEET 1kf,Ak' $[LT 1M THE WESTERLY RIGHT-OF-WAY Q
THENCE
WELL CRAZE2545 ROAD ALON R.O.WJ; - .•
THENCE S IS'AS'AO'C T SAID WESTERLY RIGHT-Of-)t d6I0TAR II 0.FEET;
THENCE IEANNG SAID WESTERLY THENT-or-WAY N IT THE
530.96 FEET:
THENCE N 00'11'4 T'W A DISTANCE OF 79.4B FEET 10 ME BEQO7IRNG.00. CUR CONCAVE EASTERLY AND
HAVING A RADIUS or 7590.0o FEET:
THENCE ALONG THE ARC OF SATO CURVE THROUGH A CENTRAL RINCD.'/P:ROI E1!ARC OSTANCE Cr 70.53
FEET TO ME POINT a BCGNWNG OF THE PARCEL HEREIN DESCRIBED,' - ',\
CON7ANG A TOTAL AREA or APPRO%WATCLY I is ACRES. . ' i.�;lW �
S .,:." , NOT A SURVEY
MITER ENTERPRISES EIANAGEMENT,INC.
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