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Parcel 166TCE & 166FEE PROJECT: Collier Blvd. Project #68056 PARCEL No(s): 166TCE FOLIO No(s): 36617440001 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT.~hereinafter reierred to as the "Agre18ment") is made and entered into on this .LL- day of _~ ,200~ by SEAN P. DANA, a Single Man, whose mailing address is'41t1N~.NtWRiVer Drive, E. #2103, Fort Lauderdale, Florida 33301, (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: 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 $600.00 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 wire into the Bella Y Patel, Trust Account, shall be full compensation for the Easement 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 Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement 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. 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 due to any diminution in the value of its property right, 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 DATED: ;-~ JI", /) t "-"'1'1/,' AWTt:sr:"r,- .l. DWIGH.TE.~CK, Clerk . '/. . ,~ . "'. BOARD OF COUNTY COMMISSIONERS tl~ COLLI E ill NTY, FLORIDA ~ _ BY. ,,~ ~-d..~ DONNA FIALA, Chairman .l(..C. '" / -~ STATE OF .rJov; d &G COUNTY OF Po.I Y}'1 ~etUh The foregoing ;t:mporary c~ctionl before me this .7- day of fl ~':s personally known to me OR produced identity. (affix notarial seal) ~y.~ R"J'1- ~~~) Off" Notary Public State of Flor1da Jacquelyn B Dameron My Commission 00434057 Expires OS/26/2009 Approved as to form and legal sufficiency: j2- Last ReVised: 2119109 Easement A1:)lfment was acknowledged , 2 0!:::!!L , by SEAN P. DANA, who: as proof of Serial/Commission # (if any): My Commission Expires: o " ~--- u " < u :.-- 1\ W+E c::.' " o D " ~ TRACT 108 ~. il ,I i I EXHI~IT JL Page ~Of ....J-- I ! i ; a f PROPOSED TEMPORARY CONSTRUCTION EASEMENT ~ . PARCEL 166TCE 825 SQ. n ~ '" < " NORTH 1/2 OF TRACT 109 DANA OR 3441/2032 ~ ~ ~ " >. TRACT 109 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 O'SULLIVAN or, -5440/' 59,) OFr:,CIAL R':CORDS (BOOK/PAGE) PRJPOSED R:G~n 0'; "/'1'/>,',;' P:~OPOSF[) 5' TEMP()F~A,RY COf\JSTRUCTCN EASEMEN"j EX,s'ING RICHT OF WAY CEDIU,TED TO THI:: PEreEuUAL LSE ,)F THE PUBLIC PEl, PLllT BOOK 4, PAGE 73 LEGAL DESCRIPTION FOR PARCEL 166TCE /\ or TR/.,CT 1 D9, RECOTJS OF COLLIER CCUNTY, FLcm,D.A, BEI:~G GOLJ[;~ G"'TE ESTAIES, UNIT i A-i RFCOIWED FLDRIDA. LYING II' seCTION O. TOWI'JSHIf' 4U h\RTICLLAi,LY DESCRIBED AS FOLl,OWo; C;JIHi\INII,C 825 SQU."'RE f'EE~, MORE OR '-ELSS. 'H:LNEST 5 'TET OF THF CAST 40 "TE, OF THE NOf,TH CI'JE Ht,L' or-' SAD o 40 80 leO SKETC:H & DESCRIPTION ONLY L...._.U., ___ NOT A BOUNDARY SURVEY SCALE 1"~80' f'OR :OLUm :aUNT)' GOVERNMENT BOARD Of- :OUNT'C COMI/.iSSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF, PROPOSED TEMPORARY CONSTRUC110N EASEMENT PARCEL t6eTCE COLLml\ COUNTY, FLorUDA J08 I,JM8ER o o "' ~ C) o c' ~ o o + '" ~~ ,..J <{ z <{ u 10Q' WIDE PER PLAT ~''', 7:i~(o1 By,IOJZii . . . .. .' MICHAel A. WARD. PRDF.[S$lONAl LAJlD SUR'v'!:Y(li{ fLORiDA HEG1S-rRA110N Ct:RTlFiCATE', ~'1O, 5J01 SIGN!NG DArE: 'l'I'iTHOUT THE ORIGINAL SICNA1UI~E &: H/,!SED [MBOSSlJ:' SU'.~ REGISTERED PROFESSIONAL SUfNEYOR AND MAPPER DlXT ^ mc~~ou CONSULTING Civil!'ngil=ing ...... '-, , ... .A. SUl'Ieying & Mapping 6610 'NlI1ow Park Driv1:l, SUite 200 Naples. Florida 34109 f'tlOl~e: (2:39) 597-0575 FAX: (239) 587.0S7t1 LI3 No.: 5952 FILE Nf\ME J50 1 06.02.00 O:J(J6 UN! SK 1661'C[ SHEET MEMORANDUM Date: December 17, 2009 To: Joan Smith, Property Acquisition TECM Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Parcel: 166TCE Temporary Construction Easement Agmt. Collier Boulevard (Project #68056) Attached is a copy of the agreement referenced above, (Item #10B) approved by the Board of County Commissioners December 2, 2008. The Minutes and Records Department has held the original TCE Agreement for the Board's official record. If you should have any questions, please contact me at 252-8406. Thank you. Attachment (1) ITEM NO.: CG - f~,.O' ~ \ FILE NO.: ROUTED TO: OFFICI COtJ~,11Y (j) REQUEST F0R ~-EGAEISERVICES DATE: December 14, 2009 FROM: Office of the County Attorney ~ ~W 1)~ \'2..111 JOAN M. SMITH-TECM-RIGHT OF WAY TO: RE: Sean P. Dana Collier Blvd. #68056 Parcel #166TCE Agreement BACKGROUND OF REQUEST: S \0'\ . \~\\ Please review attached Agreement and approve as to form and legal sufficiency. Kindly forware>W it with the attached "Pink Sheet" for the Chairman's signature. Thanks. ~ C-- \ C-- e &-- p~ This item HAS I HAS NOT been previously submitted under RPR # (CIRCLE: ONE) J- r<-s IV-- ACTION REQUESTED: Y' '" - \ ~ ~. \.,~ ~ \r"\(;VV\.cl- ~09..... --10 \3L~ . PROJECT: Collier Blvd. Project #68056 PARCEL No(s): 166TCE FOLIO No(s): 36617440001 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT~einafter re~d to as the "Agreement") is made and entered into on this day of 'Ln.k/v , 20~, by SEAN P. DANA, a Single Man, whose mailing address is 411 N. New River Dri'ofe, E. #2103, Fort Lauderdale, Florida 33301, (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 betw~en 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 $600.00 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 wire into the Bella Y. Patel, Trust Account, shall be full compensation for the Easement 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 Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement 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. 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 due to any diminution in the value of its property right, 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 commence upon the issuance of Grantee's official Notice to Proceed to its roadway contractor for the construction of Collier Boulevard Project No. 68056 and shall automatically terminate 1,095 days therefrom. 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: DATED: I~. ''''Of ATTEST: DWIGH1'~~tjl~pCK, Clerk ; "}~.. ;' ,,',<, ~ + ~:IJ ~~.~~~,l'~ , '\~ ';) . Iv '~fJ r~19: :\'........ .. ~ BOARD OF COUNTY COMMISSIONERS I COLLIER ~,TY' FLORIDA _ BY: ~ dMt./ic.. DONN~ FIALA, Chairman ;;t/2 )~ SE P. DANA , VA ~ ill It WI. OliJ/ Pr Name (Print or Type) ../ itn s ( gnature) ~~.u'l11 B- ~fDi>...- Na (Print or Type) .~ STATE OF f"/Ol" t (... COUNTY OF Palm ~c.J1 The foregoing Temporary Construction Easement Agreement was acknowledged before me this ~4+l day of -.DP,(PA\I\ bey- , 20~, by SEAN P. DANA, who: v is personally known to me OR produced identity. as proof of , '.W4t.. Notary Public State of Florida _a~.~ J.........1yn B Dameron ~ ........-" 008"''''89 . .. My CommiSSlOO '''IV \.... , Expires 06107/2013 '''Off\: ~a~~J -a:Ct-~ Ue/y I') B.. Da.-me rVY'-- (Print ame of Notary Public) (affix notarial seal) Serial/ Commission # (if any): My Commission Expires: Approved as to form and legal sufficiency: ~'"\U~ Assistant ounty Attorney Last Revised: 2/19/09 . . 1<' ~ --,---,---,,-- " .., ~".. g " .. tJ 2 p ~ '" -- ~ -i ij g . f N W+E ~ I II I I -~ o o + w 't, <0 ~ ... , .~ " TRACT 108 I' I II [I I I I I i I C; '-' NORTH 1/2 OF TRACT 109 DANA OR 3441/2032 PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 166TCE 825 SQ. FT, o o ~ 1'" '" o t o + '" In <I) III ~ ~ r ~ Q. EXHIBIT ..... I of A c'l 1l i !: 6" il " e ~ t ~ ~. ~ ~ '" ~ ::., ~ j -t't t l,' lj ~ ~ ~ TRACT 109 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 100' WIDE.-J PER PLAT \ II o <;) + ' ~ T j 1 + I I I I I I \ 1.---,- O'SULliVAN Of~S440/15ge 'i ~ 4. ~ OR = OFFICIAL RECORDS (BOOK/PAGE) ~ PROPOSED 5' TEMPORARY CONSTRUCTiON ~'\?j r7/"'! lL..::' .It EASEMENT TEMPORARY CONSTRUCTION EASEMENT DURATION S YEARS. F'ROPOSEQ 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 166TCE A PORTION OF TRACT 109, GOLDEN GATE ESTATES. UNlT 1 AS RECORDED IN PLAT BOOK 4, PAGE, ,1,3;, RECORDS OF COLLIER CQUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE2fJ EAST, COUNTY, FLOR10A BEING MORE PARTlCULARLY DESCRiBED AS FOLLOWS. THE WEST 5 FEET OF THE EAST 40 FEET OF THE NOFm." ONE CONTAINiNG 825 SQUlvrE FEET, MORE OR LESS. ~lF: ~D -:J)h~1 J ~~~ ~p~'Xr~~q2EfJ;~1~4i.:~'tr 5MgyE'fOR SICNk'lG OAiE: NOT VAllO WiTHOUT THE i;l.RlmNAl SICNA:fURE &: RAlSEO EMaOSsEO SEAL Of A nCRltlA RtGi1>fEREO f'ROFESjiIONI,i.. StJllVEYOR AND WlPPER, INC. PIannln& o 40 80 SKETCH &. DESCRIPTION ONLY j . NOT A BOUNDARY SURVEY SCALE; 1"=80' FOR: COLUE.R COUNTY GOVERNMENT BOARD OF CQUNTY COMMISSIONERS COLUER BOULEVARD SKETCH &: DESCRIPTION Oli'; PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 166TCE COLLIER COUNTY. FLOtUDA JOB NUMBER REVISiON 050106.02.00 0006 REV 3 SCALE RN ...." ... $fltO Willow Par~ Drive. Suite ~ Nap'llS, flPfm.::l4109 Phooc:(239l5trl.Q57!l FAX: (2391 597'0018 LB Nt),dllJ52 flLE NAME UNl SK1GflTCC SHEET 1 Of 1 ," - 80' 6/0-/11" ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si nature, draw a line throu h routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order) 1. (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached INSTR TIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on I ./:J.~ (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. in the BMR Real Property Folder. Thank you 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached 1. 2. 3. 4. 5. 6. ~.671 If) ;g Yes (Initial) N/A (Not A licable) JJ /1}. I: Forms! County Forms! BCC Forms! e6iin..k:illri?e outing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RE12l~,V DOC.S To SM. _\/}u.1{ . -r;~A)~ _ Q)Llj ITEM NO.: Lft-ca:.M '00/).- FILE NO.: ROUTED TO: DATE RECEIVED: REQUEST FOR LEGAL SERVICES 0" DATE: May 5, 2009 ~ ~ ~'\G r-..:J c: t..-:::> = Qc TO: Office of the County Attorney I j ..a VJ ::'It '--r! :L.... Z " ~ .Y -< ~-- FROM: JOAN M. SMITH- TECM-RIGHT OF WAY I -<C fT C"\ .P;c RE: Sean P. Dana .-<:) ==- ..-j -r' :&: -) Collier Blvd. #68056 - :bI -- 2fT! Parcel #166Fee and #166TCE U1 r:Q CJ1 BACKGROUND OF REQUEST: Please approve the attached Purchase Agreement and Tempora~ Construction Easement Agreement as to form and legal sufficiency and then forward to 3r floor with attached "Pink Sheet". Thanks. This item HAS I HAS NOT been previously submitted under RPR # (CIRCLE ON~) ACTION REQUESTED: 4rx\ 01 d ~t~ Gv\(f\ L MEMORANDUM Date: May 8, 2009 To: Joan Smith, Property Acquisition Specialist Trans/ECM/ROW A From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Temporary Construction Easement Agreement and Purchase Agreement: Collier Blvd. #68056 Parcels: #166FEE and #166TCE Enclosed please find one (1) copy of the Agreement, as referenced above, approved by the Board of County Commissioners on Tuesday, November 13,2007 (Agenda Item #10B) The Minutes and Records Department has retained one original document for Boards official records. If you should have any questions, please contact me at 252-8411. Thank you. Enclosure PROJECT: Collier Blvd. Project #68056 PARCEL No(s): 166Fee FOLIO No(s): 36617440001 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter r ferr€;d to as the "Agr~ment") is made and entered into on this _,-I1_ day of ~_ ~ ' 20 V , by and between, SEAN P. DANA, A Single Man whose mailing add ss is 411 ~- ew River Drive, E. #2103, Fort Lauderdale, Florida 33301, (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. The purchase price (the "Purchase Price") for the Property shall be $124,400.00 (U.S. Currency) payable at time of closing, 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 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, 3nd the cost to cut nnd 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. The total amount of $124,400.00 (owner's compensation, attorney's fees and all other costs) shall be transferred by wire into the Bella Y Patel, Trust Account at Closing. :.'to 3. 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 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 cause to be delivered Page 2 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"): (a) General 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. 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 agrees to relocate any existing irrigation system located on the Property including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Owner assumes full responsibility for the relocation of the irrigation system on the remainder property and its performance after 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. If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Property, 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 Property prior to construction of the project commences 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, 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 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 (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 other/vise 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. 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. Page 4 9. 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 due to any diminution in the value of its property right, 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. 10. 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 current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. 11. 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. 12. 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. ) 13. 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 ora! 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. 14. 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. 15. Purchaser may terminate this Agreement prior to Closing if Owner sells the Remainder Tract and does not retain clear legal title to the Property. Owner shall disclose the sale of this Property to any purchaser of the Remainder Tract. 16. Owner shall provide to Purchaser a copy of any Sales Agreement for the Remainder Tract within 10 days of execution of such Agreement. Page 5 17. 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 .".- DATED: !j -1/,,01 t C:'; r.r'l~... AT,'l"ES:r.:.' :'" WI; ,',' .. . ~ ,:0 .. T E,.,BR~, Clerk ",' ; "'~ ~ . .' ; '. ,\\';~y ..Qf4>uty Clerk (,.ttest~.$",otf'Ch."""" , 1,1t,P~~>;\CM' " AS TO OWNER ~ r I -1"1 2L ()i/ DATED: ... I \ ......"'1' . I ~{L~ {JJO'1t\t/f-' oil-- itn s ( nature) ~U- ' Uf' ( ~ Qi fYlffrl..-'tL... [It Approved as to form and legal sufficiency: f 1 '- CilQ ounty Attorney Last Revised: 3/19/07 BY: Donna Fiala, Chairman 1\1 I I EXHlBlTl PI9t--Lof -.:L. LlJ I) :J,:j II.;+'.....".-...E \ '- r . s Cj o " ~ TRp,Cl1 02 I II II PROPOSED RIGHT OF WAY PARCEL 166FEE 5,775 SQ. Fr. 35' ....J <( Z <( o -~,.---_.__...---_._--_..~._-"~-_._- NORTH 1/2 OF TRACT 109 DANA OR 3441/2032 TRACT 109 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4. PAGE 73 PROPOSED TEMPORARY x: CONSTRUCTION EASEMENT ~ x. i 00' WIDE IOER :OLAT ---I O'SULUV/\N 0":\440/159b g ""J U') W il 0, OITiC .~L RCCOI,DS (BOOI</P.~GE) Pr.~OP()S[[) '-\!CH r UF '.,V.~Y [);ISTING I,;!GHT OF WAY DEDiCATED TO ThE PERPETUAL USE ,.HE PUBl..IC PER ?LN BOOf< 4. PAGE 73 LEGAL DESCRIPTION FOR PARCEL 1661:..EE ~ PORTION OF TRACT 109, GOLDEN GATE ESTATES, UNIT 1 AS I,ECORDED :;CCOI,D5 OF COLLIER COU,\IW, FLOf@A, LYING IN SECTION 10, TOWNSHIP :OUNW, FLORIDA BmJG MORE PARTICUlARLY D'ESCRIBED AS l'Ol.LOWS. THE EAST J:, I'EET OF THE NORTH ONE HALF 01- SAID TRACT 109 =ONTAINI~iG SQUAI,E l'fTT, ~101,E 0" I.lSS. IN PLAT BOOK 4,PAGIi: '73,Oi' 49 SOUTH, RANGE; ~~$'I\E;AS.T: ~\!",\ j-Y"""jj""" UJi):}'J~( iif/J;Sh.l 8' ..' '.,\~'!Ol,i ... -'AiC-AEL II WARt'), PH:Of:'i:SSiONAl-lANO 6Uf\vEYOr< n.oRIDA'-,REGJSTRAT10N,CERTIFICATE N,D. '53~; , SIGNINC DATE: " , "" j , . , . ' . WITHOUT THE ORIGINAL~IGNA.TURr: & "l:AiSED i:::f.mOS5f.D SEAL REGiSTERED PfWFI:":SSlqNAL SURVEX9R AND. MAPPE1~ D~"'.tA; INC.~lUllting '\I\/l\; Visualiution CONSULTING Civil Engw<<ring ..&. ....., , .L ..... SUl'/eying & 1t.PPUlg G!ilO Willow Park Drlvo, Suilo 200 Napies. Florida 34109 PI'.one: (239) 5\"17-0575 FAX: (239) 597-0578 L8 No.: 6952 PUB!. ~ \) 40 ~__---..!!O 160 ;:ICH & DESCI,IPTlON ONLY___..-::J ' II BOUNDARY SURVEY SCALE, 1"~6O" <, COLLlEf, COUNTY GOVLRNMENT BOAf<O OF COUNTY COr.AMISSIONERS 'LIEH BOULEV AHD :ETCll & DESCEIPTION OF': PROPOSED HIGHT OF' WAY W;EL 166FEE 'LLIEH COUNTY, FLORlDA :JL NUIi!6.R UbJ)2.00 0005 SHEE'. Or- "1