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Agenda 12/10/2024 Item #16A12 (Resolution to clear title for conservation lands being conveyed to the Board of the Internal Improvements Trust Fund of the State of Florida (TIITF))12/10/2024 Item # 16.A.12 ID# 2024-2044 Executive Summary Recommendation to approve a resolution to clear title to 780± acres of land being conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF). OBJECTIVE: To facilitate the clearing of title for conservation lands being conveyed to the State of Florida. CONSIDERATIONS: Minto Sabal Bay LLC (“Minto”) is the primary developer of the Isles of Collier Preserve, located west of Tamiami Trail East and south of Thomasson Drive. As such, Minto owns approximately 780± acres of sensitive lands adjacent to the Isles of Collier Preserve and Rookery Bay. Over the years, these lands were specifically encumbered by the following title exceptions: 10. Contribution Agreement for Road Impact Fee Credits recorded in Official Records Book 3138, Page 2357, together with Affidavit in Official Records Book 3356, Page 1677; and as amended in Official Records Book 4356, Page 714; and Official Records Book 4580, Page 1977, Public Records of Collier County, Florida. 11. Companion Agreement Regarding the Lely Area Surface Water Drainage Improvements recorded in Official Records Book 3424, Page 337; as amended in Official Records Book 4218, Page 1451; Official Records Book 4356, Page 714; and Official Records Book 4506, Page 3172, Public Records of Collier County, Florida. 12. Terms and conditions contained in the Collier County Board of Commissioners Resolution No. 05-396, Abandonment of the CDC DRI and DRI Development Order, recorded in Book 4228, Page 2338, Public Records of Collier County, Florida; and Before taking title to the 780± acres, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) requested that these specific items be resolved to ensure that it would not inherit any unresolved commitments and receive clean title to the land for conservation purposes. The County Attorney’s Office worked with Minto and County Staff to ensure that no outstanding obligations or issues remained with this specific tract of land. The resolution is worded in such a way that any monetary or executory requirements affecting these specific lands are waived (for the sake of the TIITF), but any such satisfaction and waiver shall not be deemed to affect or otherwise modify any terms and conditions of non-contemplated lands. With that said, it is staff’s belief that all outstanding obligations have been satisfied, save for the in-process conveyance of two drainage easements, not within this 780± acre tract. The approval of this resolution will serve to facilitate the conveyance of this property to the TIITF and serve the public interest and general welfare to facilitate the conservation of such lands. FISCAL IMPACT: There are no costs related to adopting this resolution. The Developer shall pay for recording costs of the resolution. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval. -DDP RECOMMENDATIONS: To approve a resolution to clear title to 780± acres of land being conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) PREPARED BY: Jaime Cook, Division Director - Development Review Page 4189 of 10663 12/10/2024 Item # 16.A.12 ID# 2024-2044 Derek D. Perry, Assistant County Attorney ATTACHMENTS: 1. Resolution - Minto 780 -11182024-110746 2. Minto 780 Page 4190 of 10663 RESOLUTION NO. 2024. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS SEEKING TO CLEAR TITLE TO LAND BEING CONVEYED TO THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORTDA (TrrTF). WHEREAS, Minto Sabal Bay LLC ("M[NTO"), a Florida Limited Liability Company, is the owner of certain lands located in Sections 23, 25,26 and 36, Township 50 South, Range 25 East, Collier County, Florida, as described in Exhibit"A", attached hereto and incorporated herein by reference (the "CONSERVATION PROPERTY"), being approximately 780 acres and abutting or near the Rookery Bay National Estuarine Research Reserve; and WHEREAS, MINTO seeks to convey the CONSERVATION PROPERTYTo the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF); and WHEREAS, the TIITF requested that certain encumbrances on the CONSERVATION PROPERTY's title be cleared before MINTO conveys; and WHEREAS, the CONSERVATION PROPERTY is encumbered in part by the following matters of record involving Collier County as referenced in Chicago Title Insurance Company Title Commitment No. 7935805, dated August 2, 2024, at 8:00 a.m. ("SUBJECT ENCUMBRANCES"): 10. Contribution Agreement for Road Impact Fee Credits recorded in Official Records Book 3 13 8, Page 2357; together with Affidavit in Official Records Book 3356,Page 1677; and as amended in Official Records Book 4356Page714;and Official Records Book4580, Page 1977, Public Records of Collier County, Florida. 11. Companion Agreement Regarding the Lely Area Surface Water Drainage Improvements recorded in Official Records Book 3424,Page 337; as amended in Official Records Book 4218, Page 1451; Offrcial Records Book 4356, Page 714 and Official Records Book 4506, Page 3172, Public Records of Collier County, Florida. 12. Terms and conditions contained in the Collier County Board of Commissioners Resolution No. 05-396, Abandonment of the CDC DRI and DRI Development Order, recorded in Book 4228,Page2338, Public Records of Collier County, Florida; and WHEREAS, the Board of County Commissioners of Collier County, Florida ("BOARD"), seeks to facilitate MINTO's conveyance to the TIITF as a political subdivision of the State of Florida; and WHEREAS, the BOARD finds that it is in the public interest and general welfare to facilitate the conservation ofsuch lands: and WHEREAS, the BOARD, CONSERVATION PROPERTY to to induce and facilitate the the TIITF, seeks to confirm Page 1 of4 conveyance of the that the SUBJECT [24-OTH-000 97 t 1904827 I t) CAOPage 4191 of 10663 ENCUMBRANCES are satisfied, released and waived as to the respective CONSERVATION PROPERTY; and WHEREAS, MINTO accepts and consents to the satisfactions, releases and waivers herein, as evidenced in Exhibit "B", attached hereto an incorporated herein by reference. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The recitals set forth above are true and correct, and incorporated herein by reference 2. SUBJECT ENCUMBRANCES Nos. 10 and 11 are deemed to be satisfied, released and waived as to the respective CONSERVATION PROPERTY. 3. Any outstanding conditions or obligations relating to SUBJECT ENCUMBRANCE No. 12, regarding Resolution No. 05-396 and the Abandonment of the CDC DRI and DRI Development Order, are deemed to be satisfied, released and waived as to the respective CON S ERVATION PROPERTY. 4. The satisfactions, releases and waivers contained in paragraphs 2 and 3 are expressly sought to waive any monetary or executory requirements held by the BOARD regarding the subject CONSERVATION PROPERTY. Any such satisfaction and waiver shall not be deemed to affect or otherwise modifr any terms and conditions for lands other than the CONS ERVATION PROPERTY. 5. If any section, sentence, clause or phrase of this Resolution is held invalid or unconstitutional by any court of competent jurisdiction, said holding hall in no way affect the validity of the remaining portions of this Resolution, and the remainder of this Resolution shall remain in full force and efifect. THIS RESOLUTIONADOPTED after motion, second and majority vote favoring same, this 10th day of December 2024. AITEST: CRYSTAL K. KINZEL, CLERK Deputy Clerk Approved as to form and legality: Derek D. Perry Assi stant County Attorney BOARD OF COLTNTY COMMISSIONERS COLLIER COI.-TNTY, FLOzuDA By Chris Hall, Chairman Attachments: Exhibit "A" - Conservation Property Legal Description Exhibit '68" - Consent and Acceptance [24-OTH-0009] I 1 904827 il)Page 2 of 4 eto Page 4192 of 10663 EXHIBIT "A" Apart of Sections 23,25,26 and 36, Township 50 South, Range 25East, Collier County, Florida, described as follows: Begin 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 comer of said Section 26;thence along the West line of said Section 26, North 00"22'46" East, 2,689.10 feet; 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 00o06' 08" West, 669.97 feet to a point on the boundary of the waters of Tide Creek; thence along said waters of Tide Creek the following five (5) courses: South 72"03' 02" East,27.83 feet; North 67"33' 05" East, 379.44 feet; North 52"01' 13 " East, 129.24 feet; North 33"49' 42" East, 177 .I2 feet; North 24"17'32" East,213.58 feet; thence leaving saidwaters of Tide Creek, South 00o00'00" East, 1,283.75 feet; thence South 90o00' 00" East, 2,035.20 feet to a point on the West boundary of the plat of Naples Grove and Truck Co' s Little Farm No. 2, as recorded in Plat Book 1, Page 27 of the Public Records of Collier County, Florida; 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 Lot79 North89o3l'43" East, 1,346.81 feettothefractionalcornerof saidSection26beingthe Northwest corner of the Northwest % of the Southeast t/+ of the Northeast Yo of said Section 26; thence along said fractional line South 00o19' 29" West, 671.99 feet to the Southwest corner of said fractional quarter; thence along said South line of said fractional quarter North 89"37' 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 8l South 00"72'23" West, 672.16 feet to the Southwest comer of said Lot 81; thence along the South line of said Lot North 89o31' 43" East, 672.16 feet to 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 90o00'00" East, 1,535.15 feet; thence South 00o00' 00" West, 644.53 feet; thence North 90o00' 00" East, 2,595.79 feet; thence South 00o00' 00" East, 1,605.88 feet; thence South 89o28' 26" East, 1,180.89 feet to a point on the East line of said Section 36; thence along said East line South 00o19'56" West, 469.92 feet; thence leaving said East line North 87"28' 51" West, 5,326.38 feet; thence North 00o14' 25" East, 1,254.17 feet to the Point of Beginning. [24-OTH-00097 I t904827 I t)Page 3 of4 oPage 4193 of 10663 EXHIBIT "B' CONSENT AND ACCEPTANCE OF RESOLUTION The undersigned, MINTO SABAL BAY, LLC, a Florida limited liability company, as successor in interest to Collier Land Development, Inc., a Florida corporation. hereby certifies that it is the owner ("Owner") of that certain parcel of real property attached hereto as Exhibit A (the "Land"), The undersigned hereby accepts and consents to the satisfactions, releases and waivers by Collier County pertaining to the Land as set forth in Resolution2024- OWNER: Witness #1 (Print name below) MINTO SABAL BAY, LLC a Florida limited liability company By: Address Print Name: Its: Witness #2 (Print name below) Address STATE OF FLORIDA ) ss. COLINTY OF ) ) The foregoing instrument was acknowledged before me in my personal presence this _ day of 2024, by AS of MINTO SABAL BAY, LLC, a Florida limited liability company. He or she is personally known to me or has produced take an oath. (type of identification) as identification and did (did not) Signature (Type or print Name of Acknowledger) qo [24-OTH-00097 I 1904827 I t)Page 4 of 4 Page 4194 of 10663 Lot 77 Lot 78 Lot 84 Lot 83 Lot 82Lot 80 Lot 81 FD. 4"x4" C.M. (W/ 1/2" I.R.)FD. 4"x4" C.M. (W/ 1/2" I.R.) FD. 4"x4" C.M. (W/ 1/2" I.R.)FD. 4"x4" C.M. (W/ 1/2" I.R.) FD. 4" RD. C.M. "B.L.M. 1967" 3025 31 25 36 26 36 27 35 22 34 27 23 26 26 35N00°22'46"E2689.10'(D)N00°22'20"E2690.20'(D)N00°06'08"W 669.97' (D) S72°03'02"E 21.83' (D) N67°33'05"E 379.44' (D) N52°01'13"E 129.24' (D) N33°49'42"E 177.12' (D) N24°17'32"E 213.58' (D)S00°00'00"E1283.75'(D)S90°00'00"E 2035.20' (D)S00°20'27"W1270.25'(D)N89°31'43"E 1346.87'(D) S00°19'29"W 671.99' (D) N89°31'42"E 673.39' (D) S00°12'23"W 672.16' (D) N89°31'43"E 672.16' (D)S00°19'09"W1443.97'(D)S90°00'00"E 1535.15' (D) S00°00'00"W 644.53' (D) N90°00'00"E 2595.79' (D)S00°00'00"E1605.88'(D)S89°28'26"E 1180.89'(D)S00°19'56"W469.92'(D)N87°28'51"W 5326.38'(D)N00°14'25"E1254.17'(D)S00°19'07"W1443.97'(C)N90°00'00"E 1535.15' (C) S00°00'00"E 644.53' (C) N90°00'00"E 2595.79' (C)S00°00'00"E1605.88'(C)S89°28'26"E 1180.94'(C)S00°19'49"W469.78'(C)5326.43'(C)N00°14'25"E1254.17'(C)S89°32'25"W 2696.12'(C)S89°29'12"W 2696.66'(C)N00°22'45"E2689.08'(C)N00°22'19"E2690.18'(C)N00°06'36"W 670.00' (C) S72°03'02"E 21.93' (C) N67°33'05"E 379.44' (C) N52°01'13"E 129.24' (C) N33°49'42"E 177.12' (C) N24°17'32"E 213.58' (C)S00°00'00"E1283.75'(C)N90°00'00"E 2035.13' (C)S00°21'03"W1269.89'(C)N89°32'19"E 1346.97'(C)S00°20'11"W 672.06' (C) N89°32'14"E 673.57' (C) S00°19'45"W 672.04' (C) N89°32'10"E 673.65' (C) N87°28'57"W POINT OF BEGINNING Township 50 South,Range 25 East Section 36 Township 50 South,Range 25 East Section 23 Township 50 South,Range 25 East Section 25 Township 50 South,Range 25 East Section 26 SE 1/4SW 1/4 SW 1/4 SE 1/4 NW 1/4 NE 1/4 SW 1/4 SE 1/4 SW 1/4 of NE 1/4 SW 1/4 ofSE 1/4 ofNE 1/4 Section & Range Line 1/4 Section Line FD. 4"x4" C.M. (BROKEN) (SW COR. SEC. 26) (CCR#48049) FD. 4"x4" C.M (W 1/4 COR. SEC. 26) (CCR#22082) FD. 4"x4" C.M (NW COR. SEC. 26) (CCR#20830) FD. 3"x3" C.M. (W 1/4 COR. SEC. 23) (CCR#22082) FD. 4"x4" C.M. (W/ 3/4" I.P.) (TOP BROKEN) (N 1/4 COR. SEC. 26) (CCR#22077) FD. 3.5"x3.5" C.M.(TOP BROKEN) (W 1/4 COR. SEC. 26) (CCR#22081) FD. 4"x4" C.M. W/ 3/4" I.R.(TOP BROKEN) (N 1/4 COR. SEC. 36) FD. 3/4" I.P. W/CAP "LB 642 PRM" (NE COR. SEC. 36) (CCR#63567) FD. 4" RD. C.M. "B.L.M. 1967" (NW COR. SEC. 36) (CCR#22079) FD. 4"x4" C.M. (BROKEN) (S 1/4 COR. SEC. 26) (CCR#22077)N00°19'07"ES00°19'49"W2637.17'(M)N89°32'10"E 5375.10'(M)N00°06'36"W 2692.24' (M) N89°34'27"E 2694.27'(M) (SEC. COR. TO 1/4 SEC. COR.) (SEC.COR.TO 1/4 SEC.COR.) 5389.90'(M)N00°21'03"E2686.90'(M)2659.01'(M)S89°40'46"W 0.33'S. &0.20'E. OF PROP. COR.0.06'E. OF PROP. COR. 0.11'N. &0.35'E. OF PROP. COR.0.11'N. &0.07'E. OF PROP. COR. SET 1/2" I.R. W/CAP "LB6940" SET 1/2" I.R. W/CAP "LB6940" SET 1/2" I.R. W/CAP "LB6940" SET 1/2" I.R. W/CAP "LB6940" SET 1/2" I.R. W/CAP "LB6940" SET 1-1/2" PLASTIC PIPE (IN POND) SET 1/2" I.R. W/CAP "LB6940" SET 1/2" I.R. W/CAP "LB6940"SET 1/2" I.R. W/CAP "LB6940" SET 1/2" I.R. W/CAP "LB6940" (WIT.) (ON-LINE, 25.00' S.) N=635317.83 (Y) E=404761.55 (X) N=635296.19 (Y) E=402065.48 (X) N=635272.02 (Y) E=399368.89 (X) N=637961.07 (Y) E=399386.68 (X) N=640651.23 (Y) E=399404.14 (X)N=640596.96 (Y) E=400062.76 (X) N=640596.96 (Y) E=402097.93 (X) N=639327.08 (Y) E=402090.15 (X) N=639337.93 (Y) E=403437.10 (X) N=638665.87 (Y) E=403433.15 (X) N=638671.31 (Y) E=404106.71 (X) N=637999.27 (Y) E=404102.85 (X) N=638004.73 (Y) E=404776.49 (X) N=636560.76 (Y) E=404768.46 (X) N=636560.76 (Y) E=406303.63 (X) N=635916.22 (Y) E=406303.63 (X) N=635916.23 (Y) E=408899.45 (X) N=634310.33 (Y) E=408899.45 (X) N=634299.49 (Y) E=410080.32 (X)N=634063.66 (Y) E=404756.29 (X) N=640671.26 (Y) E=402098.38 (X) N=643343.51 (Y) E=399398.98 (X) N=635347.45 (Y) E=410086.40 (X) FLOOD ZONE "AE" (EL. 6) FLOOD ZONE "AE" (EL. 7) FLOOD ZONE "AE" (EL. 7) FLOOD ZONE "AE" (EL. 8)FLOODZONE"VE"(EL.10)COASTAL BARRIER RESOURCES SYSTEM LINE COASTAL BARRIER RESOURCES SYSTEM LINE 1047.99'(C)1242.93'(C)74.29' (C)2022.24'(C)Section Line Lot 79 Lot 75 Lot 76 Lot 74 SE 1/4 of NE 1/4 (P.B. 1, PG. 27A, C.C.R.) "Naples Groves and TruckCo's Little Farms No. 2" (Conservation Area 4) CONSERVATION EASEMENT (O.R. 4867, PG. 3336, C.C.R.) S89°41'00"W2665.85'(M) EASEMENT FOR ROADWAY PURPOSES (O.R. 31, PG. 375, C.C.R.) ASSIGNED TO KEY ISLAND, INC. (O.R. 283, PG. 362, C.C.R.)30'30' INGRESS AND EGRESS EASEMENT TO KEY ISLAND, INC. (O.R. 283, PG. 359, C.C.R.) (Conservation Area 4B) CONSERVATION EASEMENT (O.R. 4867, PG. 3336, C.C.R.) (Conservation Area 4A) CONSERVATION EASEMENT (O.R. 4867, PG. 3336, C.C.R.)60'60'30'30' FD. 4" RD. C.M. W/ BRASS DISK" (E 1/4 COR. SEC. 36) (CCR#63570) 0.04'S. &0.90'E. OF PROP. COR.1119.42'(C)N=632710.29 (Y) E=410071.19 (X) N=633829.70 (Y) E=410077.65 (X) FD. 5/8" I.R. "LB 43" AREA = 780.03 Ac. S89°32'22"W 2696.15'(D)S89°29'09"W 2696.69'(D) T id e CreekTIITF/REC & PARKS ROOKERY BAY NATIONAL ESTUARY SANC. U.S.A TIITF/DEP MARINE RESOURCESTIITF/DEP MARINE RESOURCES CITY OF NAPLES TIITF/REC & PARKS ROOKERY BAY NATIONAL ESTUARY SANC. TIITF/DEP MARINE RESOURCES CITY OF NAPLES CITY OF NAPLES CollierCountyCityofNaples0 250 500 1000 SCALE IN FEET LEGEND: B.M.BENCHMARK (C)CALCULATED C.C.R.COLLIER COUNTY RECORDS C/L CENTER LINE CONC.CONCRETE CB=CHORD BEADING CD=CHORD DISTANCE CH=CHORD BEARING & DISTANCE C.M.CONCRETE MONUMENT COR.CORNER ǻ=DELTA OR CENTRAL ANGLE (D)DEED D.B.DEED BOOK EL.ELEVATION (F)FIELD FD.FOUND F.D.O.T.FLORIDA D.O.T. F.P. & L.FLORIDA POWER & LIGHT CO. FRAC.FRACTION GOV'T GOVERMENT INST. No. INSTRUMENT No. I.P.IRON PIPE I.R.IRON ROD L=LENGTH LB LICENSED BUSINESS (M)MEASURED O.R.OFFICIAL RECORD BOOK (P)PLAT P.B.PLAT BOOK P.C.POINT OF CURVATURE PG.PAGE P.K.PARKER-KALON P.R.M.PERMANENT REFERENCE MONUMENT PROP.PROPERTY P.T.POINT OF TANGENCY P.V.C.POLY VINYL CHLORIDE PIPE R=RADIUS R.C.P.REINFORCED CONCRETE PIPE REF.REFERENCE R/W RIGHT OF WAY TYP.TYPICAL SEC.SECTION W/WITH WIT.WITNESS SET P.K. NAIL WITH DISC STAMPED LB6940 SET 1/2" IRON ROD WITH CAP STAMPED LB6940 SET 4"x4" CONC. MONUMENT STAMPED LB6940 FOUND NAIL AS NOTED FOUND CONC. MONUMENT AS NOTED FOUND IRON PIPE OR IRON ROD AS NOTED DRAINAGE INLET DRAINAGE MANHOLE MITERED END SECTION LIGHT POLE FLOOD LIGHT CONCRETE POWER POLE WOOD POWER POLE GUY ANCHOR TELEPHONE BOX ELECTRIC BOX WATER BOX FIRE HYDRANT WATER VALVE AIR RELEASE VALVE IRRIGATION VALVE BACK FLOW PREVENTER SANITARY MANHOLE SANITARY SERVICE SIGN TRAFFIC BOX CROSS WALK POLE MANHOLE (UNIDENTIFIED) UTILITY BOX (UNIDENTIFIED)FLORIDAPLANE(EASTZONE)COORDINATESYSTEMNAD1983(NSRS2007)N DESCRIPTION (PER TITLE COMMITMENT) 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; Thence along the west line of said Section 26, North 00°22'46" East 2,689.10 feet; 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 on the boundary of the waters of Tide Creek; Thence along the said waters of Tide Creek In the following five (5) described courses: 1.South 72°03'02" East 21.83 feet; 2.North 67°33'05" East 379.44 feet; 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; 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 Naples Groves and Truck Co's Little Farms No. 2, as recorded In Plat Book 1, page 27 of the public records of Collier County, Florida; 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 fractional corner of said Section 26 being the Northwest corner of the Northwest Quarter 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 of said fractional quarter; Thence along the south line of said fractional Quarter North 89°31'42" 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 89°31 '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°00'00" 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; Thence along said east line South 00°19'56" West 469.92 feet; Thence leaving said east line North 87°28'51" 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. Certificate of authorization #LB-43 1. DATE OF LAST FIELD WORK: DECEMBER 11, 2019. 2. THIS SURVEY DOES NOT MAKE ANY REPRESENTATION AS TO ZONING OR DEVELOPMENT RESTRICTIONS ON SUBJECT PARCEL. 3. THIS SURVEY WAS PERFORMED FOR THE PURPOSE SHOWN HEREON AND DOES NOT MAKE ANY REPRESENTATION AS TO THE DELINEATION OF ANY JURISDICTIONAL LINES EXCEPT AS SHOWN OR NOTED HEREON. 4. NO ENVIRONMENTAL ASSESSMENT OR AUDIT WAS PERFORMED ON SUBJECT PARCEL BY THIS FIRM. 5. ALL DISTANCES SHOWN ARE IN FEET AND DECIMALS THEREOF. UNLESS OTHERWISE NOTED DISTANCES ARE ALSO (U.S. SURVEY FEET) GROUND AND CAN BE MULTIPLIED BY 1.000011796 TO OBTAIN GRID DISTANCES. 6. BEARINGS AND COORDINATES HEREON ARE STATE PLANE FLORIDA EAST ZONE (NAD1983 (NSRS 2007)) AND ARE BASED THE EAST LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 26 TO BEAR S00°19'07"W. 7. THERE ARE NO IMPROVEMENTS OTHER THAN THE SUBSTANTIAL VISIBLE IMPROVEMENTS SHOWN. 8. THERE ARE NO VISIBLE ENCROACHMENTS OTHER THAN THOSE SHOWN. 9. OWNERSHIP OF ANY FENCE SHOWN HEREON IS UNKNOWN. 10. ACCORDING TO F.I.R.M. Nos. 12021C0581H, 12021C0582H, 12021C0583H, 12021C0584H, 12021C603H, MAPS REVISED: MAY 16, 2012, THE PROPERTY IS LOCATED IN FLOOD ZONE AE (EL. 6), AE (EL. 7), AE (EL. 8) AND VE (EL. 10). THE COASTAL BARRIER RESOURCES SYSTEM LINE IS TAKEN FROM THE JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM, MAP 12-077A, EFFECTIVE DATE: FEBRUARY 29, 2016. 11. THIS SURVEY WAS PREPARED IN ACCORDANCE WITH AN AMERICAN LAND TITLE ASSOCIATION COMMITMENT PREPARED BY: CHICAGO TITLE INSURANCE COMPANY, ORDER No. 7935805, COMMITMENT DATE: SEPTEMBER 25, 2019 AT 8:00 PM. 12. ELEVATIONS SHOWN ARE IN FEET ABOVE NORTH AMERICAN VERTICAL DATUM 1988 AND ARE BASED ON A LEVEL LOOP BY THIS FIRM FROM NATIONAL GEODETIC SURVEY BENCH MARK "Q 249" (PID=AD1229)(ELEVATION =4.73'). NOTES: SHEET NUMBER PLAN REVISIONS STRAP NUMBERS PROJECT / FILE NO. SCALE FIELD BOOK CHECKED BY DRAWN BY SURVEY DATE DRAWING DATA 1 OF 1 BOUNDARY SURVEY 23823 23-50-25 12-11-2019 P. OLSEN SAW 1"=500' 450/7,8,11,17,22-24,43 FILE NAME LOCATION PLOT DATE 23823S01.DWG J:\23823\DWG\SURVEYING\ FRI. 12-13-2019 - 7:46 AM LAYOUT 1 PLOT BY PETER OLSEN 2271 McGREGOR BLVD., SUITE 100 POST OFFICE DRAWER 2800 FORT MYERS, FLORIDA 33902-2800 PHONE (239) 461-3170 FAX (239) 461-3169 CIVIL ENGINEERING - LAND SURVEYING LAND PLANNING FLORIDA CERTIFICATES OF AUTHORIZATION ENGINEERING 7995 - SURVEYING LB-6940 PREPARED FOR PROJECT DESCRIPTION A PARCELOF LAND INSECTIONS 23,25, 26 & 36,TOWNSHIP 50 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA MINTO COMMUNITIES - USA 4042 PARK OAKS BOULEVARD SUITE 450 TAMPA, FL 33610 WWW.MINTO.COM FAX (813) 342-3831 PHONE (813) 342-3838 PROJECT SURVEYOR NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPERLICENSENUERSTATE OF 5949P ROFESSI ON AL SURV E Y O R DMAPPERSCO T T A .WHEEL E R FLORIDA M B NADATE SIGNED: THIS SURVEY IS FOR THE BENEFIT OF: MINTO SABAL BAY, LLC, A FLORIDA LIMITED LIABILITY COMPANY CHICAGO TITLE INSURANCE COMPANY STEVEN J. BRACCI, PA I HEREBY CERTIFY THAT THIS SURVEY WAS DONE UNDER MY DIRECTION AND SUPERVISION AND MEETS THE STANDARDS OF PRACTICE AS PER CHAPTER 5J-17.050 THRU 052 F.A.C. PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. SCOTT A. WHEELER (FOR THE FIRM - LB-6940) PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO.5949 THE PROPERTY IS AFFECTED AS NOTED BY THE FOLLOWING ITEMS FROM SCHEDULE B2 OF THE TITLE COMMITMENT AS FOLLOWS: 6. Right of Way Easement Agreement recorded in Official Records Book 31 Page 375; as assigned In Official Records Book 283 Page 362, Public Records of Collier County, Florida. (AFFECTS PROPERTY, SHOWN) 7. Restrictions contained in deed recorded in Book 283, Page 350, Public Records of Collier County, Florida. (AFFECT PROPERTY, NOT SHOWN) 8. Easement recorded in Book 283, Page 359; together with Agreement in Book 283, Page 364, Public Records of Lee County, Florida.(AFFECTS PROPERTY, SHOWN) 9. Oil, gas and mineral reservation, without any right of surface entry for exploration, development or extraction, in favor of Texas Industries, N.V. contained in deed recorded in Official Records Book 1143, Page 1303, Public Records of Collier County, Florida. (AFFECT PROPERTY, NOT SHOWN) 10. Contribution Agreement for Road Impact Fee Credits recorded in Official Records Book 3138, Page 2357; together with Affidavit in Official Records Book 3356, Page 1677; and as amended in Official Records Book 4356 Page 714; and Official Records Book 4580, Page 1977, Public Records of Collier County, Florida. (AFFECT PROPERTY, NOT SHOWN) 11. Companion Agreement Regarding the Lely Area Surface Water Drainage Improvements recorded in Official Records Book 3424, Page 337; as amended in Official Records Book 4218, Page 1451; Official Records Book 4356. Page 714; and Official Records Book 4506, Page 3172, Public Records of Collier County, Florida. (AFFECT PROPERTY, NOT SHOWN) 12. Terms and conditions contained in the Collier County Board of Commissioners Resolution No. 05-396, Abandonment of the CDC DRI and DRI Development Order, recorded in Book 4228, Page 2338, Public Records of Collier County, Florida. (AFFECT PROPERTY, NOT SHOWN) 13. Terms and conditions contained in Access and Utility Easement Agreement recorded in Official Records Book 4257, Page 4013, Public Records of Collier County, Florida. (AFFECT PROPERTY, NOT SHOWN) 14. Deed of Conservation Easement In favor of the South Florida Water Management District recorded in Book 4400, Page 3127, Public Records of Collier County, Florida. (DOES NOT AFFECT PROPERTY, NOT SHOWN) 15. Deed of Conservation Easement (Private) in favor of the State of Florida Department of Environmental Protection and the Board of Trustees of the Internal Improvement Trust Fund recorded in Official Records Book 4539, Page 2811, Public Records of Collier County, Florida. (DOES NOT AFFECT PROPERTY, NOT SHOWN) 16. Drainage Easement in favor of Collier County recorded in Official Records Book 4544, Page 2196, Public Records of Collier County, Florida. (DOES NOT AFFECT PROPERTY, NOT SHOWN) 17. Drainage, Access and Maintenance Easement in favor of Collier County recorded in Official Records Book 4544, Page 2203, Public Records of Collier County, Florida. (DOES NOT AFFECT PROPERTY, NOT SHOWN) 18. Maintenance Road Easement in favor of Collier County recorded in Official Records Book 4551, Page 1016, Public Records of Collier County, Florida. (DOES NOT AFFECT PROPERTY, NOT SHOWN) 19. Declaration of Restrictive Covenant recorded in Book 4768, Page 480, Public Records of Collier County, Florida. (AFFECT PROPERTY, NOT SHOWN) 20. Conservation Easement recorded in Book 4867, Page 3336 and amendment recorded in Official Records Book 5048 page 3315, Public Records of Collier County, Florida.(AFFECTS PROPERTY, SHOWN) 21. Conditions, Restrictions and Reservations including Oil, Gas and Mineral Reservations contained in that certain Special Warranty Deed dated December 27, 2012, recorded December 28, 2012 in Book 4870, Page 318, Public Records of Collier County, Florida.(AFFECT PROPERTY, NOT SHOWN) 22. Conditions, Restrictions and Reservations contained in Memorandum of Agreement recorded in Official Records Book 4870 Page 333, Public Records of Collier County, Florida.(AFFECT PROPERTY, NOT SHOWN) 23. Assignment and Assumption Agreement by and between CDC Land Investments, inc., Collier Land Development, Inc. and Minto Sable Bay, LLC dated December 27,2012, recorded January 3, 2013 in Official Records Book 4872, Page 1771, Public Records of Collier County, Florida.(AFFECT PROPERTY, NOT SHOWN) 24. Terms and conditions contained in that certain Access License Agreement recorded in Official Records Book 5346 page 1641, Public Records of Collier County, Florida.(AFFECT PROPERTY, NOT SHOWN) SURVEY RELATED ITEMS FROM SCHEDULE B-2: Page 4195 of 10663