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Parcel 154FEE & 154TCE Project: Parcel: Folio: 68056 - Collier Boulevard 154FEE 36617980105 PURCHASE AGREEMENT THIS PURCHASE AGR~~MENT (hereinafter referred to as the "Agreement") is made and entered into this ~ day of D-ec.e..- b..,.. , 20 63, by and between FIFTH THIRD MORTGAGE COMPANY, whose mailing address is 5050 Kingsley Drive, Cincinnati, Ohio 45227 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Property to Purchaser for the sum of: $150,500.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Property, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Prior to the Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. At or prior to Closing, Owner shall provide Purchaser with a copy of any existing prior title insurance policies. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. Owner shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to the applicable title standards adopted by the Florida Bar and in accordance with law. Owner shall cause to be delivered to Purchaser the items specified herein and the Page 2 following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents"): (a) Warranty Deed; (b) Closing Statement; (c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W-9 Form; and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and/or title company. 4. Both Owner and Purchaser agree that time is of the essence of this Agreement and that, therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. Purchaser shall be entitled to full possession of the Property at Closing. 5. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 6. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the Property, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. Page 3 (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Property or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would adversely affect the physical condition of the Property or its intended use by Purchaser. (h) The Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under paragraph 6(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Purchaser shall pay all fees to record any curative instruments required to clear title, all Warranty Deed recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Property is acquired under threat of condemnation. 9. All ad valorem real estate taxes due on the Property during Owner's term of possession, and all maintenance charges and assessments due from Owner, for which a bill is rendered prior to closing, will be charged against Owner on the closing statement. Real Property taxes shall be prorated based on the current year's tax and paid by Owner. If Closing occurs at a date when the Page 4 current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. 10. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 11. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 12. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or consensual cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 13. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 14. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DAT~~;~~IM AT:rESJ~ ','. "1,, ' DWIGHT E.8RQCiZ., Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, LORIDA .., ' ',', "De ttest as"~ Cha f .fgAtttlrt 01',_ , an AS TO OWNER: DATE fml+te?w \roJn Name (Print or Type) ~r~ Witness (Sign ure) l~ TI -1-.m....J Name (Print or Type) Approved as to form and legal sufficiency: . right, Assistant County Attorney Last Revised: 08/20/08 Page 5 FIF By: C;:ndy Houttl [)<i~f.i'lqt r'A:::m~~ Name (Print or Type) , "- Title (Print or Type) f N w+, EXHIBIT ~I ciA" d I :: ~ ~ ~ l ~ ~ ~ . ii ~ 8 ~--+ ; f ~ . I -I ,- -j-- a 27+00 LO 26+00 J 7TH AVE. S,W. -+ -~ ~DE PER PLAT a "' ~ --1 15 + n " '" s TRACT 11B i ---l 25+00 26+00 . 8 ! ~ I ~ J ~ f ~ f ~ . ~ l: TRACT 119 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 PROPOSED RIGHT OF WAY PARCEL 154FEE 12,250 SQ. FT. !\Ll.[N OR ,H.51/?G21 EAST 2Bl' OF TRACT 119 ACOSTA '" GIRALDO OR 3692/3065 PROPOSED TEMPORARY CONSTRUCTION EASEMENT .. ~ ! TRACT 120 II g + '" ;;; OR = OFFICIAL RECORDS (BOOK/PAGE) ~ PROPOSED RIGHT OF WAY IT7l EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE IL.L...J OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 LEGAl OESCRIPTlON FOR PARCEL 154FEE A PORTION OF TRACT 119, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. FEE SIMPLE INTEREST (l 4~__IJO lno "..,..1 ;7 ,/, ' ~'I(J' , / 'i 1/1/ // ,/ /t /1 j, /'-/ !pt /07 ii yv ny' MICHAEL A WARD, PROFESSIONAL lAND SURVEYOR FlORIDA REGISTRATION CERTIFICATE NO, 5JOl SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE ... RAISED EMBOSSEO SEAL Of A FLORIDA RECISTERED PROFESSIONAL SURVEYOR AND MAPPER THE EAST 35 FEET OF THE EAST 281 FEET OF SAID TRACT 119, CONTAINING 12,250 SQUARE FEET, MORE OR LESS, SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT SCALE: 1 fl=BO' BOARD OF COUNTY COMMISSIONERS JOB NUMBER 050106.02.00 0006 SCALE 1" = 80' n'~'fAlNc.=..., ~N~ 0 avn_' ....'- ... -,,- 5610 Willow Park Drive, Svita 200 Naplll5, Florlda34109 Phone: (239)597.0575 FAX:(239)59]'()578 LBNo.:6952 nLENAME UN1 SK154FEE SHEET OF 1 COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 154FEE COLLIER COUNTY, FLORIDA PROJECT: PARCEL: FOLIO: 68056 - Collier Boulevard 154TCE 36617980105 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this J ?+t... day of J>e<........~.c.v , 20 0Ci , by and between FIFTH THIRD MORTGAGE COMPANY, whose mailing address is 5050 Kingsley Drive, Cincinnati, Ohio 45227 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, the Purchaser requires a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as "TCE"), which is attached hereto and made a part of this Agreement, for the purpose of constructing roadway, sidewalk, drainage and utility facilities within the public right-of- way immediately adjacent thereto; and WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the Purchaser has agreed to compensate the Owner for conveyance of the TCE. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the TCE to Purchaser for the sum of $1,100.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the TCE conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, and all other damages in connection with conveyance of said TCE to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the TCE, the execution of such instruments which will remove, release or subordinate such encumbrances from the TCE upon their recording in the public records of Collier County, Florida, Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents") on or before the date of Closing: (a) Temporary Construction Easement; (b) Closing Statement; (c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W-9 Form; and . (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and/or title company. 4. Both Owner and Purchaser agree that time is of the essence of this Agreement and that, therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the TCE. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 5. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 6. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the TCE, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the TCE shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than Purchaser has any right or option to acquire the TCE or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the TCE or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the TCE, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement, which consent may be withheld by Purchaser for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the TCE. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the TCE or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the TCE which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the TCE to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the TCE and not to do any act or omit to perform any act which would change the physical condition of the property underlying the TCE or its intended use by Purchaser. (h) The property underlying the TCE, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the TCE except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the TCE to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the TCE; b) any existing or threatened environmental lien against the property underlying the TCE; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the TCE. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under paragraph 6(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Purchaser shall pay all fees to record any curative instruments required to clear title, all TCE recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the TCE; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per paragraph 2. In accordance with the provisions of Section 201,01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless this Easement is acquired under threat of condemnation. 9. The term of the TCE shall be 1,095 days (three years), which term shall commence upon the recording of a Temporary Construction Easement in the Public Records of Collier County, In the event that the construction of the public facilities has not been completed within the initial term of the TCE, Purchaser reserves the right to record in the Public Records of Collier County a Notice of Time Extension which shall extend the term of the TCE for one (1) additional year only. Owner shall be provided with a copy of the recorded Notice of Time Extension. 10. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 11. If the Owner holds the property underlying the TCE in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the property underlying the TCE before the TCE held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 12. Conveyance of the TCE, or any interest in the property underlying the TCE, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 13. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 14, This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DA TED:Jl1l.ON~ '511009 ATTEST:'" "', DWIGHT E. BROCI('Clerk " .- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA A .s<~ Qult~\lt ..., - ',"'.' 119f1atllMl on\'~ ,,, ',,0' BY: rman AS TO OWNER: DATED l~ f1] WitnHiimt?Co/ hWn Name (Print or Type) Witne~nE# ' ~ Tl f'r;:J ,"- Name (Print or Type) , ',nd)' Routh r:.;.;1tJ,1 ~r Name (Print or Type) Title (Print or Type) The foregoing Temporary Construction Easement Agreement before me this ~) day of '0 0 V -((1\ \".( .y- (. . ,1..4 f) "\ .." l' (\. ,..hO' ~ .\~\ - ' f'\..-v j\...,~'t;-i~ i ).-t~'2{)..A..- .\,.., ,t, If'l"; :)'L.,)WII . was acknowledged 20D(s', by ;1.. is personally known to me , OR produced identity. ,JIlt as proof of (affix notarial seal) .c,:"/! (Signature of Notary Public ~.J..c,- i;'--.ty\h (Print Name of Notary Publi ~~.-;J ""y PU ",~............6>< 0....... \ III ..../(' .~/.::i:'\ " ~..... ANITA L MONTGOMERY {~~-:'~~* Notary PI.Jbli,c. State of O~IO i\-- : _ ~7-' .... ~: My Comllll'35\On ,Ex.Plres '-"""E' \...._.;:- ~~ . ....... Ali<JLlsr 1. -.!U1' . ~ "0 ...'\". . ,", ". , ".' ,[4.;r:~....:...6'(' . -- ('I f .'. - Serial/Commission # (if any): My Commission Expires: ..;: II I i. \ Approved as to form and legal sufficiency: ,// Last Revised: 7/24/08 f N w+, EXHIBIT L Page-L-of I ~ ,. 8 ~ ~ l o i o . g <; ~ 2 8 ~ ---+ ~. ~ s TRACT 118 --~~ 5 + '" " <D 25+00 26+00 27+00 I a "' { 28+00 7TH AVE. S.W. I- I DO' WIDE PER PLAT 5'- I I II o o + <D ;;; -I -+ ~ a "' ~ a f ~ 8 ! ~ ~ ~ ~ ~ ~ o ! ;:. f TRACT 119 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 PROPOSED TEMPORARY CONSTRUCTION EASEMENT~ PARCEL 154TCE 1,500 SQ. FT. ~ - r ~ ~ I I ~ ~ ~ ALLEN OR 34B 1/2021 EAST 2Bl' OF TRACT 119 ACOSTA '" GIRALDO OR 3692/3065 40' ~ ~ ~ TRACT 120 ~ ~ ;:. .. ~ 1 OR = OFFICIAL RECORDS (BOOK/PAGE) ~ '" ~ PROPOSED 5' TEMPORARY CONSTRUCTION [X)<)j r//~ EASEMENT TEMPORARY CONSTRUCTfON EASEMENT DURATION -3 YEARS. PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 LEGAL DESCRIPTION FOR PARCEL 154TCE A PORTION OF TRACT 119, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 1 D, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE WEST 5 FEET OF THE EAST 40 FEET OF THE EAST 2Bl FEET OF SAID TRACT 119, LESS AND EXCEPT; THE NORTH 50 FEET OF SAID TRACT 119 (THAT PART BEING AN EXISTING AFOREMENTIONED PLAT), SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR, COLLIER COUNTY GOVERNMENT o 1 40 I 80 1 160 I ROADWAY EASEMENT PER THE BY)) AJ;J;lhlV7 I.1ICHAEL A. WARD. PROFESSIONAL lAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAl OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. CONTAINING l,50D SQUARE FEET, MORE OR LESS. SCALE: 1 """ao' BOARD OF COUNTY COMMISSIONERS SCALE 1" = 80' DATE 10-24-07 D\lTAINC t~.on CONSULTING GvilEngincc:ring .&. '"' ,... .&. _&....pping 6610 Willow Park Drive, Suile 200 Naples, FlorK1a34109 Phone: (239) 597-0575 FAX: (239) 597.0578 LB No.: 6952 FlLE NAME UNl SKl54TCE SHEET OF 1 EASEMENT FIFTH THIRD MORTGAGE COMI> ANY ACTION BY WRITTEN CONSENT OF DIRECTORS The undersigned, being all of the Directors of Fifth Third Mortgage Company (the "Corporation") hereby waive notice of time, place and purpose of this Meeting of Directors and adopt the following action by unanimous written consent without a meeting pursuant to Section 1701.54 of the Ohio Revised Code. RESOL VED, that Cindy Routh is hereby authorized to purchase, lease or sell real or personal property and is authorized to execute deeds, conveyances and other related documents with or without personal property owned by this Corporation. RESOLVED FURTHER, that Cindy Routh is authorized to execute and take all necessary action with respect to mortgage releases, mortgage assignments, promissory note assignments, and all other loan servicing documents on behalf of the Corporation. Dated: ___L1pri1~-1.:QD R KttfFJ ./1, --/-4 Greg D. .