Agenda 11/12/2024 Item #16B 5 (An Agreement for purchase of right of way required for the Vanderbilt Beard Road Ext - Phase 2)11/12/2024
Item # 16.B.5
ID# 2024-1595
Executive Summary
Recommendation to approve an Agreement for the purchase of right of way (Parcel 1294FEE1) required for the
Vanderbilt Beach Road Ext – Phase 2 Project (Project No. 60249). Estimated Fiscal Impact: $48,000.
OBJECTIVE: To acquire right of way needed for the Vanderbilt Beach Road Extension – Phase 2 Project 60249 (the
“Project”).
CONSIDERATIONS: The Project will extend Vanderbilt Beach Road from 16th Street NE to Everglades Boulevard.
Collier County is seeking to purchase a fee simple interest in a parcel of right of way, Parcel 1294FEE1 (the “Parcel”),
required for construction of the Project. The improved parent tract is owned by David and Ruth Huff and is located on
the north side of 10th Ave NE and is described as the west half of Tract 58, Unit 16. The Parcel consists of a strip
taking along the rear, northerly boundary of the parent tract and is approximately 0.38 acre in extent. An aerial
photograph of the subject property is attached.
The attached appraisal report summary prepared by RKL Appraisal and Consulting, dated June 10, 2024, estimates the
full compensation amount for the Parcel to be $28,200. The property owner’s initial demand was $60,625. The
attached Agreement reflects a negotiated compensation amount of $47,000. If this parcel is not acquired by negotiation,
it will have to be condemned. Should condemnation become necessary, the County will be required to pay attorney and
expert witness fees according to Sections 73.091 and 73.092, Florida Statutes, plus other expenses related to
condemnation. The Transportation Engineering Division accordingly recommends approval of the Agreement since a
better result is not anticipated if the Parcel is condemned.
This item is consistent with the Collier County strategic plan objective to design and maintain an effective transportation
system to reduce traffic congestion and improve the mobility of our residents and visitors.
FISCAL IMPACT: Funds of $48,000 are required, with the negotiated compensation amount of $47,000 and estimated
closing and recording fees of $1,000. The primary funding source for the right-of-way acquisition is impact fees
through Road Impact Fee District Funds (3090, 3091, 3092, 3093, Transportation Capital Fund (3081), Project No.
(60249). Should impact fees not be sufficient within a particular project, the secondary funding source will be
transportation capital funds.
No maintenance costs are anticipated until such time as the Project is constructed.
GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the Long-Range Transportation Plan
and Objective 1 of the Transportation Element of the Collier County Growth Management Plan to maintain the major
roadway system at an acceptable Level of Service.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney’s Office. If the County needs to
acquire this right of way by eminent domain, the costs of acquisition will be significantly greater than the proposed
compensation and could lead to substantial project delays and costs. With that noted, this item is approved as to form
and legality and requires majority vote for approval. –DDP.
RECOMMENDATIONS:
1. Approve the attached Agreement and authorize the Chairman to execute same on behalf of the Board;
2. Accept the conveyance of Parcel 1294FEE1 and authorize the County Manager, or her designee, to record the
conveyance instrument in the public records of Collier County, Florida;
3. Authorize the payment of all costs and expenses that Collier County is required to pay under the terms of the
Agreement to close the transaction; and
4. Authorize the County Manager or her designee to take the necessary measures to ensure the County’s
Page 1446 of 5419
11/12/2024
Item # 16.B.5
ID# 2024-1595
performance in accordance with the terms and conditions of the Agreement.
PREPARED BY: Robin L. Goldsboro, Property Acquisition Specialist I, Right of Way Acquisition, Transportation
Engineering Division.
ATTACHMENTS:
1. Aerial - Parcel 1294FEE1
2. Appraisal Report Summary 1294FEE1
3. Purchase and Sale Agreement
Page 1447 of 5419
AERIAL – PARCEL 1294FEE1
(Vanderbilt Beach Road Extension Phase 2 Project No. 60249)
/
12th Ave NE
10th Ave NE
PARCEL 1294FEE1
Page 1448 of 5419
Page 1449 of 5419
4500 Executive Drive, Suite 230
Naples, FL 34119-8908
Phone: 239-596-0800
www.rklac.com
REAL ESTATE APPRAISAL REPORT
VANDERBILT BEACH ROAD EXTENSION PHASE II
Residential
Parcel No. 1294 FEE1
10th Avenue NE
Naples, Collier County, Florida, 34120
PREPARED FOR:
Ms. Lisa Barfield
Review Appraiser
Collier County Transportation Engineering Division, Right of Way Acquisition
2885 South Horseshoe Drive
Naples, FL 34104
EFFECTIVE DATE OF THE APPRAISAL:
May 3, 2024
DATE OF THE REPORT:
June 10, 2024
REPORT FORMAT:
Appraisal Report
PREPARED BY:
RKL Appraisal and Consulting, PLC
RKL File Number: 2024-098 (Parcel No. 1294 FEE1)
Page 1450 of 5419
4500 Executive Drive, Suite 230
Naples, FL 34119-8908
Phone: 239-596-0800
www.rklac.com
June 10, 2024
Ms. Lisa Barfield
Collier County Transportation Engineering Division, Right of Way Acquisition
2885 South Horseshoe Drive
Naples, FL 34104
Re: Real Estate Appraisal
Vanderbilt Beach Road Extension Phase II
Parcel No. 1294 FEE1
10th Avenue NE, Naples,
Collier County, Florida, 34120
RKL File Number: 2024-098 (Parcel No. 1294 FEE1)
Dear Ms. Barfield:
At your request, RKL Appraisal and Consulting, PLC has prepared the accompanying
appraisal for the above referenced property. The purpose of the appraisal is to estimate
the market value of the fee simple interest in the parent tract before and after the
proposed acquisition. The intended users for the assignment are Collier County
Transportation Engineering Division, Right of Way Acquisition. The intended use of the
appraisal is as a basis of value for determining full compensation to the property owner
for the loss of the real estate resulting from the property rights and improvements (if any)
which are proposed to be acquired, including all diminution in value to the remainder
land and improvements (if any) which can be attributed to the use of, or activity upon, the
proposed Fee Simple Acquisition area. We use the appraisal report option of Standards
Rule 2-2 of USPAP to report the assignment results.
Please reference the appraisal scope section of this report for important information
regarding the scope of research and analysis for this appraisal, including property
identification, inspection, highest and best use analysis, and valuation methodology.
The accompanying appraisal conforms with the Uniform Standards of Professional
Appraisal Practice (USPAP), the Code of Professional Ethics and Standards of
Professional Appraisal Practice of the Appraisal Institute.
The parent tract consists of a vacant parcel of land containing a total of 2.50 acres, or
108,900 square feet. Low density residential uses with limited agricultural uses are
permitted under the present Estates (E) zoning designation.
Page 1451 of 5419
Ms. Lisa Barfield
Collier County Transportation Engineering Division, Right of Way Acquisition
June 10, 2024
Page 2
4500 Executive Drive, Suite 230
Naples, FL 34119-8908
Phone: 239-596-0800
www.rklac.com
Based on the appraisal described in the accompanying report, subject to the Limiting
Conditions and Assumptions, Extraordinary Assumptions and Hypothetical Conditions
(if any), it is my opinion that the amount due the property owner, as a result of the loss of
real estate resulting from the property rights and improvements (if any) which are
proposed to be acquired, including all diminution in value to the remainder land and
improvements (if any) which can be attributed to the use of, or activity upon, the
proposed Fee Simple Acquisition (Parcel No. 1294 FEE1), as of May 3, 2024, is:
SUMMARY OF TOTAL COMPENSATION
Value of Property Rights Taken: $11,700
Value of Improvements Taken: $0
Severance Damages: $16,500
Net Cost to Cure: $0
TOTAL AMOUNT DUE OWNER: $28,200
The value conclusion(s) are subject to the following hypothetical conditions and extraordinary
conditions. These conditions may affect the assignment results.
Hypothetical Conditions: It is a hypothetical condition the proposed acquisition and the
proposed roadway improvements have been completed as of the
effective date of the appraisal.
Extraordinary Assumptions: None.
Respectfully submitted,
RKL APPRAISAL AND CONSULTING, PLC
Rachel M. Zucchi, MAI, CCIM
Florida State-Certified General Real Estate Appraiser RZ2984
rzucchi@rklac.com; Phone 239-596-0801
Page 1452 of 5419
PURCHASE AND SALE AGREEMENT
(partial fee simple)
THIS PURCHASE AND SALE AGREEMENT ("Agreement") is entered into this _ day of
2024, by and between DAVE HUFF and RUTH HUFF, husband and wife, whose mailing address
is 220 Sharurood Drive, Naples, FL 341 '10 (collectively, "Selle/'), and COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o County Attorney's
Offlce, Suite 800, Naples, FL34112 (the "County").
Recitals
A. Seller owns certain real property in Collier County, Florida, commonly known as Tract 58,
Golden Gate Estates, Unit No. 16, according to the plat thereof, recorded in Plat Book 7, Page(s) 3 and 4, of
the Public Records of Collier County, Florida, (the "Property")i and
B. The County desires to purchase a portion of Seller's Property as described in Exhibit 'A"
attached hereto (the "Parcel').
NOW THEREFORE, the parties agree as follows:
1. AGREEMENT TO SELL AND PURCHASE. Seller hereby agrees to sell, and the County hereby
agrees to purchase the Parcel on the terms and conditions set forth in this Agreement.
2. COMPENSATION
A. Amount. The compensation payable by the County for the Parcel shall be $47,000.00, sublect
to prorations, apportionments, and distribution of sales proceeds provided for in this Agreement. No portion
of the compensation is attributable to personal property.
B. Full Comoensation. The payment of the net sales proceeds to Seller, payable by County check
at Closing (defined below), shall be (i) full compensation for the Parcel, including, without limitation, all
improvements located on the Parcel as of the date of thas Agreement; and (ii) full and flnal settlement of all
other damages and expenses suffered or incurred by Seller in connection with Seller's conveyance of the
Parcel to the County, whether foreseen or unforeseen, including, without limitation, and to the extent
applicable, attorneys'fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes.
3. CLOSING DATE: POSSESSION.
A. Closino Date. Seller's conveyance ofthe Parcel to the County (the "Closing") shall occur within
30 days of the County's receipt of all properly executed Closing Documents (defined below). TIME lS OF THE
ESSENCE. The Closing shall take place at the offices of the County's Transportation Engineering Division,
2885 Horseshoe Drive South, Naples, Florida 34104.
B. No Adverse Chanoes: Risk of Loss. The County's obligation to close shall be contingent upon
the County having determined that, between the date thatthe County completes its due diligence investigations
and inspections under this Agreement and the Closing, there shall have been no adverse changes in the title,
physical condition of the Parcel, or other matters previously approved by the County. Between the date of the
parties' execution of this Agreement and the Closing, risk of loss shall be borne by Seller. lf the Parcel is
damaged prior to Closing, excluding damage caused by the County, Seller shall repair and restore the Parcel
at Seller's expense.
e4o
PROJECT:
PARCEL:
FOLIO:
60249 - Vanderbilt Beach Road Extension - Phase 2
1294F EEl
37394280004
1
Page 1453 of 5419
4. CLO ING OOCUMENTS. As soon after the parties' execution of this Agreement as is possible,
Seller shall (i) provide the County with a copy of Seller's property survey and title insurance policy for the
Property, if any, and (ii) deliver the following documents to the County, properly executed and in a form
approved by the Collier County Attorney's Office (the "Closing Documents'):
Warranty Deed;
Closing Statement;
Affidavit of Title;
Form W-9 (Request for Taxpayer ldentificatjon Number and Certification);
Evidence of legal authority and capacity of the individual executing this Agreement on behalf of
Seller to execute and deliver this Agreement and the Closing Oocuments;
A Satisfaction, Partial Release, or Termination from the holder of each mortgage or other lien
open of record encumbering the Parcel;
A Partial Release or Termination of any leases or rental agreements that encumber the Parcel;
A Termination, Vacation or Subordination of any existing easement that encumbers the Parcel,
if required by the County; and
Such other documents as the County or title company deems necessary or appropriate to clear
title to the Property.
Following the Closing, Seller shall execute any and all additional documents as may be requested by the
County or title company to correct clerical errors, clear title, or otherwise carry out the intent of the parties.
5. (}LOSING COSTS AND DEOUCTIONS
A. Countv's Closino Costs. At Closlng, the County shall pay (i) the recording fees to record the
conveyance instrument(s) and any curative instruments required to clear title; and (ii) the cost of an owner's
policy of title insurance if the County elects to obtain one. Additionally, the County may elect to pay reasonable
costs incurred and/or processing fees required by mortgagees or other lien holders in connection with the
delivery of properly executed Satisfaction, Releases, or Terminations of any liens open of record encumbering
the Property. The County shall have sole discretion as to what constitutes "reasonable costs and/or processing
fees. "
B. Seller's Closino Costs. At Closing, Seller shall pay (i) all state documentary stamp taxes
required on the conveyance instrument(s) in accordance with Section 201.01, Florida Statutes, unless the
Property is acquired under the threat of condemnation, in which case the conveyance is exempt from stale
documentary stamp taxes; (ii) any apportionment and distribution of the full compensation amount provided
for in this Agreement that may be required by any mortgagee, lien holder, or other encumbrance holder as
payoff, paydown, or for the protection of its security interest, or as consideration due to any diminution in the
value of its property righti (iii) all taxes and assessments that are due and payable; and (iv) the full amount of
condominium/homeowner association special assessments and governmentally imposed liens or special
assessments (other than CDD/MSTU assessments) which are a lien or a special assessment that is certain
as to the identity of the lienor or assessor, the property subject to the lien or special assessment, and the
amount of the lien or special assessment. lf the Property is located within a Community Development District
('CDD') or Municipal Service or Benefit Taxing Unit ('MSTU"), the County shall assume any outstanding capital
balance on the Parcel.
C. Prorations. The following items shall be prorated as of the date of Closing, with the County
entitled to the date of Closing: (i) ad valorem taxes based upon the most current assessment available, without
discount, provided that if the current year's tax bill is not yet available, but a TRIM Notice has been issued, the
ad-valorem taxes shall be prorated based upon the amount set forth thereini (ii) condominiurn/homeowner
association assessments (other than those required to be paid in full under subparagraph B of this paragraph),
and (iii) CDD/MSTU operating and maintenance assessments.
6. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS.
A. Relocataon. Seller agrees to relocate existing irrigation, electrical, or other systems located on
the Parcel, if any, including, but not limited to, irrigation lines, sprinkler valves, electricalwiring, etc. ("Systems'),
prior to the commencement of construction, without any further notification from the County. Seller assumes
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Page 1454 of 5419
full responsibility for the relocation of all Systems and their performance on the remainder property affer
relocation. Seller holds the County harmless for any and all possible damage to the Systems in the event
Seller fails to relocate the Systems prior to the commencement of construction.
B. Retention of lmorovements. Seller acknowledges that the County has compensated Seller for
the value of all improvements and Iandscaping ("lmprovements") located within the Parcel, and yet the County
is willing to permit Seller to salvage said lmprovements provided same are removed from the Parcel prior to
the commencement of construction. lf Seller elects to retain any lmprovements located on the Parcel, Seller
is responsible for their removal prior to the commencement of construction, without any further notification ffom
the County. All lmprovements remaining on the Parcel at the time of commencement of construction shall be
deemed abandoned by Seller.
C. This section shall survive Closing and is not deemed satisfied by conveyance of title
7. INSPECTTONS.
A. lnsDection S Following the date of the parties' execution of this Agreement, the County shall
have the right, at its sole cost and expense, to conduct whatever investigations and inspections of the Parcel
that it deems appropriate, including, without limitation, a title examination, property survey, appraasal,
environmental assessments, engineering studies, soil borings, determination of compliance of the Parcel with
applicable laws, and the like. Seller shall provide the County with reasonable access to the Parcel to conduct
on-site inspections. The County shall promptly repair any damage to the Parcel caused by such on-site
inspections.
B. Countv's Rioht to Terminate Notwithstanding anything in this Agreement to the contrary, the
County's obligations under this Agreement to purchase the Parcel are contingent upon the County's
satisfaction with the Parcel, including, without limitation, as revealed by the County's investigations and
inspections as set forth herein. lf, prior to the Closing, the County identifies any objectionabb matters and
determines that such objections cannot be resolved to the County's satisEction through reasonable diligence,
withan a reasonable period of time, and at a reasonable cost, all as determined by the County in its sole
discretion, the County shall have the right to terminate this Agreement by written notice to Seller, whereupon
neither party shall thereafter have any rights or obligations under this Agreement. The County may, but shall
not be required to, provide Seller with an opportunity to rectiry such objections.
8. SELLER'S REPRESENTATIONS AND WARRANTIES. Seller makes the following
representations and nananties on the date of Seller's execution of this Agreement, and shall be deemed to
have repeated same at Closing:
(a) Seller is the sole owner of fee simple title to the Property and has full right, power, and authority
to own and operate the Property, to execute this Agreement, and to fulfill Seller's obligations
under this Agreement and the Closing Documents.
(b) No tenant or other party has any right or option to acquire the Parcel or to occupy the Parcel, or,
if applicable, Seller shall disclose same to the County in the applicable Closing Documents.
(c) Seller's title to the Property is free and clear of all mortgages and other liens and encumbrances,
except as may be disclosed in the title commitment, title report, or attorney title opinion obtained
or to be obtained prior to the Closing.
(d) Between the date of Sellels execution of this Agreement and the Closing, Seller shall not do
anything to encumber the title to the Property, or convey the Parcel to a third party, or grant to
any third party any rights of any kind with respect to the Parcel, or do anything to change or
permit to be changed the physical condition ofthe Parcel, without in each instance obtaining the
County's prior written consent, which may be granted or withheld in the County's sole discretion.
(e) No maintenance, construction, advertising, management, leasing, employment, service, or other
conlracts affecting the Parcel shall remain in effect following the Closing.
3 oYo
Page 1455 of 5419
(0 There are no govemmental proceedings or investigations of any kind, formal or informal, civil or
criminal, pending or threatened, that may affect the Property or adversely affect Seller's ability
to perform Seller's obligations under this Agreement.
(S) The Property is in compliance with all federal, state and local laws, including, without limitation,
environmental laws; no unsafe levels of radon, mold, lead, or other pollutiants or hazardous
substances have been used, generated, stored, treated, or removed from the Property, nor is
there any lawsuit, proceeding, or investigation regarding same; the Property has never been
used as a landflll, and there are no underground storage tanks on the Property; there has been
no spill, contamination, or violation of environmental laws pertaining to any contiguous property;
and Seller has not received notice and otherwise has no knowledge of any existing or threatened
environmental lien against the Property.
(h) None of the improvements loceted on the Parcel, if any, encroach upon adioining properties,
and no improvements located on adjoining properties encroach upon the Parcel.
9. DEFAULT: REMEDIES. lf either party fails to perform any of its obligations under this Agreement
and fails to cure such failure within 15 days after receiving written notice thereof from the non-defaulting party,
the non{efaulting party shall have the right to terminate this Agreement by giving written notice of termination
to the defaulting party; without limitation of any other rights and remedies available to the non-defaulting party
at law or in equity, including, without limitation, the right to seek speciflc performance, and to recover damages,
including attorney fees and court costs, in connection with such default; all rights and remedies being
cumulative.
10. INDEMNIFICATION: WAIVER OF CLAIMS. Seller shall indemnii/, defend, and hold the County
harmless from and against all claims and actions asserted against the County, and all damages, losses,
liability, penalties, flnes, costs and expenses, including, without limitation, attorney fees and court costs,
suffered or incurred by the County, arising from (i) Seller's representations and warranties in this Agreement
or in any of the Closing Documents if untruei or (ii) Seller's failure to perform any of Seller's obligations under
this Agreement, irrespective of whether the County delivers a written notice of default to Seller; or (iii) injuries,
accidents or other incidents occurring on the Property prior to Closing.
11. NOTICES. All notices given by either party to the other under this Agreement shall be in writing
and shall be personally delivered, or delivered by a traceable courier, or mailed by U.S. certified mail, to the
parties at their respectave addresses set forth in the introductory paragraph of this Agreement, or such other
address as may be specified by either party from time to time by written notice to the other party. Notices shall
be deemed given on the date of receipt if personally delivered, or delivered by courier, or 3 days after mailing.
A. Successors and Assions. This Agreement shall inure to the benelit of and be binding upon the
parties and their respective heirs, executors, personal representatives, successors and permitted assigns.
B. Assionment. The parties shall not assign any rights or obligations under this Agreement to a
third party without the prior written consent of the other party.
C. Entire Aqreement. This Agreement constitutes the entire agreement of the parties as pertains
to the sub.lect matter hereof, and there are no prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein.D. Amendments. All amendments to this Agreement must be in writing and signed by both parties.
E. Time Periods. lf any deadline or expiration of any time period provided for hereunder Ells on a
Saturday, Sunday or legal holiday, such deadline or expiration shall be extended to the following business day.
F. Survival. All provisions of this Agreement that are not, or by their nature cannot be, performed
prior to the Closing, including, without limitation, Seller's representations, wananties, indemnity obligations,
shall survive the Closing.
4 ovo
12. GENERAL PROVISIONS.
Page 1456 of 5419
G. Severabilitv. lf any provision of this Agreement is determined to be legally invalid or
unenforceable, such provision shall be severed from this Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect.
H. No Waiver. No party shall be deemed to have waived its right to enforce any specific provision
of this Agreement unless such waiver is in writing. Any such written waiver shall be applicable only to the
specific instance to which it relates and shall not be construed as a continuing waiver as to future instances or
as a waiver of any other provision.
l. Governino Law: Venue This Agreement shall be governed and construed in accordance with
the laws of the State of Florida. All disputes arising under this Agreement shall be brought solely in the courts
in Collier County, Florida, and the parties hereby agree to said venue.
lN WTNESS WHEREOF, the parties have executed this Agreement on the dates indicated below,
effective as ofthe date this Agreement is executed by the County.
7 ).
Date 2024
Ah4,?
DAVE HUFF
Al-
RUTH HUFF
Date 2024 COUNTY: COLIIER
ATTEST:
CRYSTAL K. KINZEL, Clerk of the
Circuit Court & Comptroller
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By By
Deputy Clerk CHRIS HALL, Chairperson
Approved as to form and legality
DEREK D, PERRY, ESQ,
Assistant County Attorney
()
Last Revised 3/22123
SELLER:
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Page 1457 of 5419
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