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Parcel #112DE2 & #112SE2 PROJECT: Collier Boulevard (60092) PARCEL No(s): 112DE2 & 112SE2 FOLIO No(s): Portion of 00298120608 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 1 Rth day of M"r"h , 20---1.L, by and between VICTORIA ESTATES, LTD., a Florida limited partnership, MAGPOND, LLC, a Florida limited liability company, MAG POND-A, LLC, a Florida limited liability company, MAGPOND-B, LLC, a Florida limited liability company, NEW MAGPOND, LLC, a Florida limited liability company and NEW MAG POND A, LLC, a Florida limited liability company, whose mailing address is 8441 Cooper Creek Blvd., University Park, Florida 34201 (hereinafter collectively referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires a perpetual, non-exclusive Drainage Easement over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, for the purpose of constructing and maintaining a storm water retention and treatment area for the attenuation and treatment of storm water run-off from Collier Boulevard, located immediately adjacent to the drainage easement's parent tract; and WHEREAS, County requires a perpetual, non-exclusive Slope Easement over, under, upon and across the lands described in Exhibit "B", which is attached hereto and made a part of this Agreement, for the purpose of constructing and maintaining an earthen berm to serve as the westerly confine of the storm water retention and treatment area referenced above; and WHEREAS, the Drainage Easement described in the Exhibit "A" and the Slope Easement described in the Exhibit "B" are hereinafter collectively referred to as the "Easements"); and WHEREAS, conveyance of the Drainage Easement described in Exhibit "A" will result in a reduction in the depth of Owner's planned landscape buffer along Collier Boulevard; and WHEREAS, County desires to allow Owner to reduce the depth of the planned landscape buffer along Collier Boulevard by the same dimensions as the Drainage Easement described in Exhibit "A" and to allow Owner to utilize all of the Slope Easement area described in Exhibit "B" for the planting of landscaping, the installation of irrigation facilities, and the installation of monument signage; and WHEREAS, Owner desires to convey the Easements to County for the stated purposes, on the terms and conditions set forth herein, and agrees to plant the same number of plants and trees west of the Drainage Easement as would have been planted had there been no Drainage Easement conveyance; and WHEREAS, County 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: Page 2 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 Drainage Easement to County for the sum of: $42,304.50 3. Owner shall convey the Slope Easement to County for the sum of: $50,065.00 Payment of the sums referenced above are subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transactions hereinafter collectively referred to as the "Closing"). Said payments to Owner, payable by County Warrant or funds wire transfer, 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, and all other damages in connection with conveyance of said Easements to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 4. 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. At or prior to Closing, Owner shall provide County with a copy of any existing prior title insurance policies. Owner shall cause to be delivered to County 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 Easement; (b) Slope Easement (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; (f) Waiver and Release and (g) 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 County, County's counsel and/or title company. 5. Both Owner and County 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 County; provided, however, that County 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 County's enjoyment of the Easement. Such right to extend may be exercised by the County Manager or his designee for one additional term, not exceeding ninety (90) days, without further Board action. All additional extensions thereafter must be Board approved. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller," and Owner shall deliver the Closing Documents to County in a form acceptable to County. Page 3 6. Owner and County 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. (b) County'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 County 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 County to such conveyance, encumbrance, or agreement, which consent may be withheld by County 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 County in writing prior to the effective date of this Agreement. (g) County 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 County. (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 County; 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 County, 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. Page 4 8. Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County 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 County 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. County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; 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. 10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 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. The habendum clause in the Slope Easement shall read as follows: "TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land and to place and/or excavate materials for the purpose of constructing and maintaining an earthen fill slope thereon. All other uses of the easement area are reserved unto the Grantor including, but not limited to, the right to construct or install over, under and upon the fill slope any and all manner of improvements and/or structures otherwise permitted under Collier County's Land Development Code, and the right to use the easement area to satisfy the landscape buffer requirements of Collier County's Land Development Code. This easement does NOT include the right to remove and re-use any excavated material within the easement area. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. 13. Owner shall plant the same number of plants and trees west of the Drainage Easement as would have been planted had there been no Drainage Easement conveyance to County. This provision shall survive Closing and shall become an obligation upon Owner's successors and assigns. 14. 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, subject to the penalties prescribed for perjury, 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 County. (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.) 15. Conveyance of the Easements, or any interest in the property underlying the Easements, by Owner is contingent upon no other provisions, conditions, or premises Page 5 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 County. 16. 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. 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 COUNTY: BOARD OF COUNTY COMMISSIONERS COLLlEi\::lNI~} FtORI~,". BY: ~ FRED W. COYLE, Chairman REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK AS TO OWNfR: DATED: 3/ 10ft; WITNESSES: {( e) ~rL~_ (,~ I . . 1..(A.\kU.-n", e. l) f l'S~'\\Ir\U\- (Print Full Name) STATE OF '--t~ .~ COUNTY OF ~ Page 6 VICTORIA ESTATES, L TO., a Florida limited partnership By: Benderson-Victoria, L.C., a Florida limited liability company its general partner By: W!44--- DAVID H. BALDAUF Manager ~ The fOregO~g instrument was acknowledged before me this j b day of _H(JA/: 1 ,2011, by DAVID H BALDAUF, Manager of Benderson-Victoria, L.C., a Florida limited liability company, the general partner of Victoria Estates, Ltd., a Florida limited partnership, on behalf of the company and the partnership, who: V is personally known to me OR g has produced as proof of identity. (affix notarial seal) SHERRY A. KEKLAK Notary Public, State of New Yoa Registration No. 01KE6018498 ,/ Qualified in Erie County , My Commission Expires January l!, 201") (Print Name of Notary Public) NOTARY PUBLIC Serial/ Commission # (if any): My Commission Expires: Page 7 (s~4~ (~J'e21t ~ 11 J<c tlqL (Print Full Nam ~~ 1/1 ~Lhu.fr- (Signature) ~f\..L (\j ti,sen"y-u I\- (Print Full Name) MAGPOND, LLC a Florida limited liability company WITNESSES: By: U)4t~ DAVID H. BALDA F Manager ~ ~ STATEOF Na~ \/{)(j6 COUNTY OF b t!i The oregoing instrument was acknowledged before me this ~ day of , 2011, by DAVID H. BALDAUF, the Manager of Magpond, LLC, a Florida limite liability company, on behalf of the company, who: v~ is personally known to me OR has produced as proof of identity. (affix notarial seal) SHERRY A. KEKlAK Notary Public, State of New York Registration No. OlKE6018498 ./ Qualified in Erie County "" My Commission Expires January l!, 20 ''I (Print Name of Notary Public) NOTARY PUBLIC Serial/ Commission # (if any): My Commission Expires: Page 8 MAGPOND-A, LLC a Florida limited liability company WITNESSES: (Signature) Shea .~ d ,J<e~ (Print Full Name) ~1l1~ (Signature) ~r--. t:.. "-.'l c:..(..'\~__ (Print Full Name) By: ,W J"LVt 1\ DAVID H. BALDAUF Manager ~ 06 STATE OF -N{U) YDd0 COUNTY OF .[="r e...-. The foregoing instrument was acknowledged before me this /b day of rnA\1 c.t-\ ,2011, by DAVID H. BALDAUF, the Manager of Magpond-A, LLC, a Florida limited liability company, on behalf of the company, who: v/ is personally known to me OR has produced as proof of identity. (affix notarial seal) SHERRY A. KEKlAK Notary Public, State of New York Registration No. 01KE6018498 / Qualified in Erie County I ) My Commission Expires January l!, 20_ (Print Name of Notary Public) NOTARY PUBLIC Serial/ Commission # (if any): My Commission Expires: WITNESSES: ~ ~ rn wcu0h&- (Signature) ~^e.- \'0 c..~n..J- (Print Full Name) STATEOF N~ YDrlG COUNTY OF f MAGPOND-B, LLC a Florida limited liability company t U!t--v /\ DAVID H. BALDAUF Manager - Page 9 e>o The for~tf instrument was acknowledged before me this /? day of (Y\A-l , 2011, by DAVID H. BALDAUF, the Manager of Magpond-B, LLC, a Florida limited liability company, on behalf of the company, who: ~ is personally known to me OR has produced as proof of identity. (affix notarial seal) SHERRY A. KEKlAK Notary Public, State of New York Registration No. OlKE6018498 . ,/ Qualified In Ene County I 'I My Commission Expires January l!, 20._ By: (Print Name of Notary Public) NOTARY PUBLIC Serial! Commission # (if any): My Commission Expires: WITNESSES: ~ lit ~w1t (Signature) ~ .11(\'2.... (Print Full Name) "-) f'.. j",e.rhv-t- STATE OF N(CU ~rJl. COUNTY OF Err NEW MAGPOND, LLC a Florida limited liability company By: LA Jt-v+ DAVID H. BALDAUF Manager Page 10 ~ The f~~d instrument was acknowledged before me this /'=' day of m , 2011, by DAVID H. BALDAUF, the Manager of New Magpond, LLC, a Florida limited liability company, on behalf of the company, who: ~ is personally known to me OR has produced as proof of identity. (affix notarial seal) SHERRY A. KEKlAK Notary Public, State of New York Registration No. 01KE6018498 / Qualified in Erie County My Commission Expires January l!, 2Q.!.. ':I (Print Name of Notary Public) NOTARY PUBLIC Serial! Commission # (if any): My Commission Expires: Page 11 WITNESSES: NEW MAGPOND A, LLC a Florida limited liability company (SI /e- By: UJLv/\ .. DAVID H. BALDAch= Manager ~ ~'Yl ~iJ.O~ (Signature) ('oJ>hc"nC\!L "- ') EJ,':';er\V\.d- (Print Full Name) STATE OF ~~ \JIlCJ::.. COUNTY OF ("i~ The foregoing instrument was acknowledged before me this / Cc, day of {l\fu?cH_, 2011, by DAVID H. BALDAUF, the Manager of New Magpond A, L~ a Florida limited liability company, on behalf of the company, who: is personally known to me OR has produced as proof of identity. (affix notarial seal) SHERRY A. KEKlAK Notary Public, State of New York Registration No. 01KE6018498 ,/ Qualified in Erie County I My Commission Expires January 11,20."';> (Print Name of Notary Public) NOTARY PUBLIC Serial! Commission # (if any): My Commission Expires: Approved as to form and legal sufficiency: . "~ eo. WIl\<O;l"tT As' ant County Attorney Parcel i 12 DE2 I UNPl.ATTED LAND I o.R'OOOK2797J PAGEJ287 I; ~ _.-- ~~ -- --- - MAGNOLIA PUND DRN;': 89'30.'39"l.~~ '.lI1Hii'Fn:~ro ~-~~1~;1?[ ,. POB I~ NST43'Q4"[-_ 13,00 I'L1 Pc'c~, 112 Df__ / IS REVISED ~~. . . N ~ "" :",.. r'l ""'" ",' 3~8 I - /1 8;5"' t, 3g~ ~rr;ll.- ::>0 ~I :1 ;::; ~I \ , I,. ~:- I' " , I > l~ on 0' I a-~ VJ Uw '-/&: 0"' >> it!,~ ..... "'''' '" I-~-- I II II II [I II I~ I / pocY 1 SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF ~> SECTION 34 I SECTIO~._~4 SECTION 35 I I I c-c-,--- I I \ I if Ii :0 o " EXHIBiT PIQIt...L d..L \~ PARCEL 112 DE SECTION 34 I SECTION 35 I'E~ HClN-E.XCUJSIve ~ EASI!MI!HT ~. r~.-<;~" vi Oo~\".m :>'t. TUWrlSlllp 4:" ::'OlJth, Konge 25 Eost, Collier' County, Florida Also bein," 0 portiOI1 of those londs described In Offi<;iol Records 800;'; 282::i, PQge 3107 of the Public Record" 01 C,-,llier County. FlQrida, 8eing more podlculorly describ!Jdasfollows Commencing at (he southeo~t correr of the nQrtheO$t ql.~rter corner ot ~cid Section 34: thonce North 00'29'2~" West along the Eo"t line of said Seelion 34. (J distance of 1,,15:2.4-9 fe!!!; thence South 89'.30'39" West, <l distance of 100.00 reel 10 the intersedion of the West right-of--w<l)' line of C()lIier Boulevard ond th" South right-at-way line of Mcgnoliu f'on<J Driye; Tho;;nce South Br42'57." West along said South rigl1tuaf-way line u distonu' of 28.01 feet; Thence leaving said r;ghtnof-way South 00'29'25" Ecst 11.52 teut to the Paint of Beginning; Tl1ence Sout.., 00'29'26" Eost 31165 feet to a point on the wesl r'9f,t-ol-woy line or said Collie'Boulevard; Thence along said Rigbt-of-",cy South 04'43'31" West 14.3.01 leet; Thence leaving said Right-ot-woy North 00"29'25" West '153.67 feet; Thenc" North 87"43'04" [ust 13,00 feet to the POINT or- BEGINNING Contoining 4.977 squ<lre feet. rnorear(ess. REYl REVISED TO CHANGE PARCEL NAME AND DESCRIPTION TYPOS (11/10/08 REV..2 REVfSED PER CH2MHIl.l. OCT, II, 2010 REV,3 REVISED TO SE 1-18-2011 PER CH2MHILL RLY4 REVISED TO SOE AND CORRECT LEGAL PER CH2MHILL 1-19-)(il1 LTM REV.5 AODlD DE PER COUNlY COMMENTS 3-5-11/l.TM CH2MHnl SKETCH & DESCRIPTION 01' PARCEL 112 DE A PORTION OF SECTION 34, TOWNSHIP 49 S., RANGE 26 Eo, COLLIER COUNTY, FLORIDA TA$( <XXX: ~ BY: CHKED BY: GCSOO TMO D1fJ LINE L1 LINE TABLE LENGTH BEARING 28.0i S8T42'52"W t 4 W- I \00 ~oo GRAf'HIC SCALE ~- o ~ I ~ NOTE~: 1 Thi5i$llotasurvey 2. Basis of bearing is the Eost line 01 Section 34. Township 495., Range 26E.. Colli6r County, Florida, being N 00.29'21" W, Florida Stote Plane Coordinates NAD 83/90. 1:0$\ Zone. 3 S"bject to t:usements, reservolions Gild restrictions 01 record. 4 [csements shown hereon ore per piat lJnlc~s otherwise noted ;; Di'nel1siof1s ore in feetonddecirnals ther",,,:. 6. CCltificate of authorization LB 43 7. [-I./W represents Right-aI-Way. 8. P.O.B. represents Point of 8egillning. 9 i>,O.C. represents Point of Corn,"encernent. 10, O,R represents Official Re<;;ords. 11. L,B.t:. ,'epresent" Londscope Suffer Eosement 12, U.E. represents Utilitv fo!\p.m""t 1,~. F.i'.L.E. represents Florida Power & Ught Easement. 14 D.E. represents Oroinage Eooem"nt. 15. -S,L repre:;"nls Slope Eosement 16. P.U,[. represents Public Utilfty Easement 17. LCE, rep'''sents Temporory Construction Losernent 18. S.D.E. represents Slope ond Drainage [asemunl ~PS.M. (COR THE FIRM) ,LA. Lie NO. 5627 'lOT VAUO WITHOUT THE Slcr'.JATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCF:NSED ~l!RVUOR AND MAPPER This is NOT a Survey. - Wi_Miller --'--""..-- ~.f_.sr--..IAoaot""_~.f_""""""""'" ~,m PROJECTHO: N6015-S0tT-OOI ""'....,""'......,.__.......<l:7.__......_._...__.... """ '.'", dl :'0' """ Il2 DE Of X I)ft,I,W1HO INOEX NO: lC-4-9 (DE) ,.:,\1",;:; '<] I. 'M'LLU'I\n..2.~G\"di,,'\'21 ~699'J99\r:ol;i.., ~"',d\ \r:'-4<J(Pi:)-P/25 C[..."EV-J...-\l-.11 DIVe.:;!"" PERPETUAL NON.EXCLUSIVE SLOPE EASEMENT Parcel 112 Sf2 UNf'LAnm I.AND OR.800K271i! I ~'AGE 37.81 I ~ "~ 00 ~.__.- - ,,,:;; MAGNOlIA POND DRIVE S89':3Q,~gn~~ ll5bl'lll' .Q:l SO~~95~ E~~ 08 ~ tl8743Q4"E 1 I Ii' 1701 / SB""4J?J4~~- <] , Part~~k:1 S[ :1 l~-- I. ~~ ~~2: @g: 5"''J ~~"- 00 ), . , f--"'---- , I i ~ tl 81 ~ I , , >., )~q fl'" / "~rR EXH IBIT .,U ~~....' I 'hgb 0- Of! I ~;c ....,.._ ,~ "I", J];'! " I SI39'30'J+"\Ii--' j1.55' II "' 0> I EjVl ~w Q ci~ '" ill 3:: , 0::0:: l.J :c o C' I'~ ) 1/ > 1'-- PAiKEL 112 SE SECTION .34 I I SECTION 35 ^ Portion of Section 34, fownship 49 South, Range 26 Easl, Collier County, Florido Also being a portion of those lands described in CJlficia: Records BoC'k 2825, page 3107 of the Public Records of Collier County. ,-Iorida, Being more particularly described as rQllows Commencing a\ the southeast corner of the r"lOrtheast lju(Jrter corner of said Section 34; thenei:' North OCt29'21" West <JIang the East line of said Section 34, Q distance 01 1,352.49 leet; thence South 89'30'39" West, a distance of 10000 fee! to th" intersection 01 the West rigr.t-o(.woy line of COllier Boulevord al1d the South (ight-()f~way iine of Magnoiin POrid Drivei Th(lrK<J South 8742'52" WC5t along said Soutn right-ol-woy iine a distorice or 28.01 feet; Thence leaving soia right-aI-way South 00'29'26" Last 11,52 fee!; Thepce South El7'4Y04"West 13,00 feet to the Point at 6eginrling 'hence South 00'29'26" East 45J,67 teet to a point an Hie weslerly ri9h'_ of woy of said Coilier Boulevard: Thence aiO"9 said righl.-ot-woy South 04'4]'31" West 11';],03 teet: rhence continue 010rl9 ~aid right-oaf-way South 03'20'10" West 192.11 'eet; Thence leaving $0;0 right-ol-way SQ1Jth 89'30'.:\4" Wed 11,55 feet: T,~e'1c(l NQrth 03'44'28" Ec~l 300.82 feet: Thence North OCY29'2o" We~t 507,18 foe!; Thence North 8743'04" East 11.01 feet to tile POINT OF BLGiNNING. Containing 11.780 square !<Jet, mora 0' less. REY1 RE-',ISED RCv'.2 REVISED RE'V.3 REVISED REV.4 REVISED r,E-_Yj REVISED CmMHllL SKETCH & DESCRIPTION 0,' PARCEL 112 SE A PORTlON OF SECTlON 34, TOWNSHIP 49 S., RANGE 26 E., COLLIEIl COUNTY, FLORIDA TASl<~ 0R.l.'tWNSY:Cl11([l)fJ'r; GCSOO TIdO Dill TO CHANGE PARCCl NAME AND DESCRIPTiON TYPOS 01/10/08 PER CH2MHU OCT. 11. 2010 TO Sf: l-l0'-2IJf1 PER CH2MHIll TO SOE AND CORREcr LEGAL FER CH:;>MHILl 1-19-2C11 LTM Sf PER COUNfY COMMlNTS 3.8-11/l1"! - ".-.-- LINE TAGLE liNE LENGTH -,fEARING ---L1 28,01 S8T42'52"W 4 N i_ - o w I 10(l 200 GRAPHIC SCALE ...J wo NOTES 1 This is note survey 2. 80sis of beorirlg is the Eost line 0; Section 34. Tow'lship 49S" Range 26E., Collier Counly, F--Iorido, beiri9 N 00'29'21" W, Florida Stute Plane Coordinates NAD 83/90, East Zone 3. Subject to edsements, rtlservotion~ or,c reslridicriSof rtlcord. 4 ;c\lsements shown herem) ore per pic!. Uriless utherwise noted. 5. Qjmer1sions are i'l feet and decilnals therea! 6. Certificoteolauthorilotiol1 L843. 7 R/W '-epresents Ri<Jht-of'-Woy. 8. P_O,S, represents Poillt o! Begin"ing. 9. pac. represents Point Of Commencement. 10, O.R. represents Officlol R..cords, 11_ L,B.E, representn Landscope- Bufler Eosernent. 12. U.E. represe'lt8 Ulil'ly E0gemerJt 13, F,P.L.E. representll Florida Power & Light Eusement 14 D,E. reprasents Drainage- Easement 15. S.E. repres~mts Slope E:asemerit 16, P,U.E. represents Public Utility Eosement 17 r.C.E, represents lemporary ConstrudlQr"' t.osemcnt. 18 SD.E. repreSi:'rJts Slope<lnd Droinoge E()sement. ~P'SM (rOR THE FIRM) HA Lie. NO, 5627 NOT VALID WITHOUT THE SIGNATURE AND THE 0R'GiNAL RAiseD SEAL OF A FLORIDA LI(;[NSEO SURVEYOR AND MAPPER This is NOT a Survey. WlI.Mlller [__.r'_"""""""__~.r,_",,~ Wo!lt""UiIer,inc SHEET 112 SE OF X ""....'...AA"".___._._ ___..u ...._._... ___ """ PflOJECTHO: N6015-S0U-OOl OAAWlHC INDEX NO: lC-4-9 (SE) ',I,,, ~ .20 I I D5:<,4.4~ ~ 't'.LLc'ilv ,;.. '.,C\ J(V"e\215f.S)~"" ,(,,'Ii dl."l\ I L .-~SO[l..-P72"~SE ReI" ,...,-6-1 I JW(,.d"'S