Parcel 134DAME & 134DE
Project:
LASIP Phase 1 B North
(Project No. 511012)
134DAME & 134DE
55150920001 (ref. only)
Parcel:
Folio No.:
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this day of , 2008, by and between
VISTA RIO CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation,
whose mailing address is 100 Valley Stream Drive, Naples, FL 34113, (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 1) a Perpetual, Non-Exclusive Drainage, Access
and Maintenance Easement over, under, upon and across the lands described in Exhibit
"A", and 2) a Perpetual, Non-Exclusive Drainage Easement over, upon and across the
lands described in Exhibit "B", both of which are attached hereto and made a part of this
agreement (hereinafter referred to as the "Easements"); and
WHEREAS, Owner desires to convey the Easements 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
Easements.
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 Easements to Purchaser for the sum of:
$103,500.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 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
Easements 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 Easements, and to remove all
sprinkler valves and related electrical wiring, and all other damages in connection
with conveyance of said Easements 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 Easements, the execution of such instruments which
will remove, release or subordinate such encumbrances from the Easements 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) Drainage, Access and Maintenance Easement;
(b) Drainage Easement;
Page 2
(c) Closing Statement;
(d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(e) W-9 Form; and
(f) 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
Easements. 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 agrees to relocate any existing irrigation system located on the Easements,
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project and without any further notification from Purchaser.
Owner assumes full responsibility for the relocation of the irrigation system on the
remainder property and on the Easements, and its performance after relocation;
provided, however, that Purchaser will install two four inch diameter, twenty foot long,
DR14 PVC conduits under the road to be constructed on the Drainage, Access and
Maintenance Easement to facilitate such relocation. Owner holds County harmless
for any and all possible damage to the irrigation system in the event owner fails to
relocate the irrigation system prior to construction of the project. Purchaser shall
have no obligation or responsibility to maintain the lawn and any landscaping on the
Easements.
If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Easements, the Owner is responsible for their retrieval prior to the
construction of the project without any further notification from Purchaser. Owner
acknowledges that Purchaser has compensated Owner for the value of the
Improvements and yet Purchaser is willing to permit Owner to salvage the
Improvements as long as their retrieval is performed before construction and without
interruption or inconvenience to the County's contractor. All Improvements not
removed from the Easements prior to commencement of construction of the project
shall be deemed abandoned by Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. 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.
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easements, 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.
Page 3
(b) Purchaser's acceptance of the Easements 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 Easements 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 Easements or any rights therein, nor enter into any
agreements granting any person or entity any rights with respect to the
Easements, 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 Easements.
(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 Easements or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easements 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
Easements 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 Easements and not to do any act or
omit to perform any act which would adversely affect the physical condition
of the property underlying the Easements or its intended use by Purchaser.
(h) The property underlying the Easements, 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 Easements
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 Easements 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 Easements; b) any existing or
threatened environmental lien against the property underlying the
Easements; or c) any lawsuit, proceeding or investigation regarding the
generation, storage, treatment, spill or transfer of hazardous substances on
the property underlying the Easements. This provision shall survive Closing
and is not deemed satisfied by conveyance of title.
8. 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 7(h). This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
9. Purchaser shall pay all fees to record any curative instruments required to clear title,
all Easement 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
Page 4
encumbrance recorded against the property underlying the Easements; 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. The Easements are acquired
under threat of condemnation. Documentary stamp taxes are accordingly not
payable.
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 underlying the Easements 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 Easements
before the Easements held in such capacity are conveyed to Purchaser. (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 Easements, or any interest in the property underlying the
Easements, 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 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:
DATE9i.",;9./ 2-/ 08
Art~J+.' ....::'~::...
~~~C
( ." Deputy Clerk
"':"::_, -.",,' .,-.c
.~~f to CIlI''- .
.f..... 011,
BY:
TO
Item # 101:::-,
Agenda 0 J [J Lv I
Date 'f:'1-D-I!:.':7
Date q L1 '[6
~. -';o"''--!
~'l
Deputy Clerk
Page 5
AS TO OWNER:
DATED: g ),';" -1ccf"
VISTA RIO CONDOMINIUM ASSOCIATION,
INC., a Florida not-for- profit corporation
6(yUJR 6TEf>H6IVSOA.I
Name (Print QJ Type)
~>-
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Witness (Signature)
koBP-T N lSox-f(
Name (Print or Type)
BY:~~~~-
Name: Larry Thompson
Title: Director/President
r/~ftf~
Wit 'ess ( ignature)
Approved as to form and
legal sufficiency:
Jk;:j
Jef . Wright -
Assistant County Attorney
Last Revised: 4/1/08
EXH/8/T-4-
Page- 1-.:. otz
PROJECT;'NO;~ 70se
PROJECT PARCEl; No; ~
TAX PARCEL N<;>; _ 1., 1
SEC,770N 19, TOWNSHIP 50 SOVTH, RANGE 26 EAST
. COLLIER COUNTY, FLORIDA
SKETcH OF 1M"", ,,,,,,,,,. (NOT A SUINFYl
DRAINAGE: E:ASE:MENT
SECTION 19, 7WP, 50 s., RGE. 26 E.
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110' FP&t eASEMENT TRACT B NOR7HEASr-OORNER
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LEL Y GOLF ESTA\ T,Es UNiT 7
(P.B. 8, PG. 49)
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OURVE:
01
02
CURVE: TABLE:
RAD/US ARO
55.00 81.45
75.00 80.3:;
,DELTA
84'51'08"
61 '22'04JJ
CHORD
74.21
88.73
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REGENCy WOODS
CONDO
Phose 11/
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(PRIVA TE
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VALLEY STREAM DR.
, , , TRACT M ,
LE{. YG'o"LF' eSTAtES.
TRACT MAP
(P.B. 8, PG. 20)
VALLEY STREAM @
COURT IN . CONDo
(O.R. 618,
PG, 1729)
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ACcess,' DRAINAGE AND.
CHORD BCARING
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LINE: TABLE:
LINE LENGTH BEARING
L1 28.83 3 89'39'27" W
L2 33.81 3 46'24.'58" t:
L3 81.08 '3 38'26"1,3" W'
L4 148,63 3 43'36'02" W
13.04, 1'1 46 '24' 58" 'IV'
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PG. 1008
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(O.R, 794,
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GUY P. ADAMS, P.S,M.
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CHECKED 8Y:~
,PILE NO:_ 8?R9 _
No. 4390
DATC:...MAI<CH ?R ?.QQ.e!
PROJECT NO.:~ '
AcAD NO:~A;
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SE:GTION 19, TOWNSHIP 50 SOUTH, RANGE: 26 EASi
COLLIER COUNTY, FLORIDA
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EXHIBIT_4_
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PROJECT: NO,,_
PROJECT PARCEL No:
TAX PARCEL NO. _
LEGAL DESCRIPTION
,
PARCEL L 'S 4:1JA, A..<t:.
~ NoN-EXCLUsiVE
~~~ DRAINAGE AND
"lI'l.I.. , t;;IVANCE EAsEMENT
THAT PORTION OF TRACT M, 0, 'EL Y GOL, eSTATEs, TRACT MAP, AS
ReCORDED IN PLAT BOOK 8, PAGe 20, OF THI': ReCORDS OF COlLieR
COUNTY, FLORIDA, AND MORe PARTlCUi,ARLY DeSCR'SED AS FOLLOWS,
COMM/'CNCE A T THE NORTHeAST CORNeR OF SAID TRACT M, LEL Y COLF
ESTATEs, AND RUN S 89 '39 '27" Iv, !lLON G THE NORTH LINe 0, SAID
TRACT M, 119,07 FEE:; TO THE PO'NT 0, BeGINNING OF mE IWRElNAFTER
DESCR/BED EASEMENT;
THENCE CONtiNUE S 88'39'27" W ALoNG THE NORTH UNE OF SAID
TRACT M, 28.83 FEET; THENce RUN S 46'24'58" E, 33,81 FeET TO'
Tl1[ BEGINNiNG OF A CURVE CONCA VC WE:s7ERL Y hlA ViNG A RADIUs
I OF 55.00 'EEr, A CENTRA' ANGL[ 0, 84 '51'08~ A CHORD BeARING DC
SOUm 03'58'24" EAST A CHORD DISTANCE 0, 74,27 FEET, AN ARc
I DISTANCE 0, 81.45 FEET; THENCE SOUTH 38'26'43" WEsr, 81,08 Fet:r To
T"E: NORTHWESTERL Y LINE OF A DRAINAGE EASEMENT;
T"ENeE NORT'I 43'27'53" EAST, 148,83 FEET To THE ARc OF A
CURVE CONCAVE: WESTERLY HAVING A RAOIUS 0, 7S.00 F/'ET, A
CENTRAL ANGLE 0, 7231'39", A CHORD BEARING OF NORTH 21'18'43" WESr
TNENCE NORTH 46'24'58" WESr, 13.04 FEET TO rr-'E POINT OF BEG'NNlNG.
COutainiug 2,902 Sq. Feet more or ~ess_
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SI-IEET 2 OF 2:
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GUY p, s, P,S,M. No. 4390
,SCALE, ...11..rc ,
DRAI'rN BY, JJ.. DATE:-1fAROH ?il. ?0Qil,
CHECKED BY:~ PROJECT NO.:~
FILE NO,_ 8?88 _ ACAD NO'_8?89-ez.:1:61i
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PROJECT: NO. 7.(j9iL
PROJECT PARCEL NO: _ I 5'-\. /2,e:..
TAX PARCEL No. _ 13 1 _
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 cAST
COLLIER COUNTY, FLORIDA
SkETCH. OP DRAINAGE EASEMENT (NOT A
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SURVEY) _
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CURVE:
Cl
DEL TA
61'22}04J1
CURVE TABLE
RADIUS ARC
75.00 80.33
CHORD
76.55
CHORD BEARING
S 15'43'56" E
, . . . . , .
REGENCy WOODS
CONDO
VISTA RIO
CONDO
@
(O.R, 794,
PG. 1467)
PARCEL tJitPE.
PROPOSED DRAINAGE
EASEMENT
AREk=3,738 SQ. PT. ::t
LINE lADlt
LINE lENGTH BlC:A/lING
l1 13.04 S 46'24':58" E
'l2 115.04 N 43'27'53" E;'
Phase III
Phase IV
(PRIVA TE VALLEY STREAM DR.
. ROAD) TRACT M
LtL Y 'GOLf: ESTA7ts
TRACT MAP I
C@l (P.B. 8, PG. 20)
VALLEY STREAM @ I
COURT IN . CONDO
(O,R, 618,
PG; 1729) @
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O.R., 2130,
PG. 1008
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L[L Y GOLF ESTATES U
(P. B. 8, PC. 49)
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DRAINAGE: EASE:ME:NT
SEC770N 19, 71YP. 50 S" RGE, 26 E,
- - - - - - - - - - y - - - - \-' - - - - - - -6g~';;E~~"MENT
110' FP&L EASEMENT \ \ TRACT B NOFlTl-iEAS'7~(;OA)NER
. OP TRACTM
LEL Y GOLP ESTA TES .UNIT 'I
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04/10/06
A.E;, TO D,[
BY: _
GUY p, ADAMS, P.S.M. NO. 4.390
SCALEU' ~ 100.:
ORAI'rN 8Y:~ DATE::-1dARrH ?R. ?OOJ), ,
CHECKED 8Y:~ PROJECT No.: 7f;99--::t,
FILE No: R?R9 - ACAD NO'_6?69-831a i
SHEET 1 01::- 2,
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SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
759:1t
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l~1_
EXHIBIT B
, "-
Page;.,. '~ of2-
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PROJECT: No, _
PROJECT PARCEL NO:
TAX PARCEL No. _
LEGAL DESCRIPTiON
PROPOSED DRAINAGE EASEMENT
PARCEL 134 Pc
,
THAT PORTION OF TRACT M, OF LEn GOLF ESTAIFS, TRACT MAP, As
RECORDED IN PLA T BOOk 8, PAGE 20, OF THE RECORDS OF' COLLIER
COUNTY, FLORIOA, AND MORE PARTICULARLY DesCRIBED As FOLLoWS',
COMMENCE A T THE NORTfI[AST CORNER OF SAID TRACT M, LEL Y CaLF
ESTA TES, AND RUN S 89'39'27" W. ALONG THE NORTH LINE OF SAID
TRACT M, 9.55 FEEr TO THE POINT OF BEGINNING OF Tl1[ HEREINAFIFR
DESCRIBED EASEMENT;
THENCE CONTINUE S B9' 39'27" W ALONG THE NORTH LINE OF SA's
TRACT M, 109,51 FEET; THENCE RUN S 4624'58" E, 13.04 FEET )Q
THc- BEGINNING OF A CURVE CONCA VE WESreRL Y HA ViNG A RADIUS
OF 75.00 FEET, A CENTRAL ANGLE OF 67 '22'04", A CHORD BEARING OF
SOU!H 15'43'56" EAST A CHORD DISTANCE OF 76,55 FEET, AN ARC
DISTANCE OF 80.33 FEET,' !HENCE NOR!H 43'27'53" EAST, 115.04 FEET TO
TIlE POINT OF BEGINNiNG. '~'""""g ',,," "" 'e'".on, ~ '00",
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04-/10/06
A.E. TO D,I::,
BY,
GUy {.MS,-P.S.M.
SCALE: .Ji. ~
DRA\\N BY, IMfL DATE::.MARCH 78. ?IlQiJ.
CHECKED B ~~ PROJECT NO':~:1i
FILE No,_ 62S9--\.. ACAD No:. B?B9-'B~[Q!:
SHEET 2 OF 2,
-~
No. 4390
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