Agreement & Subordination of Utility Interests
PROJECT: Oil Well Road #60044
INSTR 4548603 OR 4671 PG 2000
RECORDED 4/13/2011 259 PM PAGES 9
DWIGHT E BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $78 00
This instrument prepared by:
rrlAtk .c:: ~S
Florida Power Light Company
P.O. Box 1119
Sarasota, FL 34230-1119
SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR
REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS
THIS AGREEMENT, entered into this ,j 13/ day of /( IJ/tlli/~" 2011, by and between COLLIER COUNTY, a
political subdivision of the State of Florida, hereinafter called the "County", and FLORIDA POWER & LIGHT
COMPANY, a Florida Corporation, whose mailing address is P. O. Box 14000, Juno Beach, Florida 33408, hereinafter
called "Utility".
WIT N ESE T H:
WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway
purposes; and
WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed
in such lands by Utility to the County; and
WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of-
way to prevent conflict between the County's usc and the Utility's use, and for thc benefit of each, and
WHEREAS the County, in recognition of the Utility's interest in the certain lands, is willing to pay for any future
relocation of the Utility's facilities from or within the entire width ofthe public right-of-way shown on Exhibit "A", attached
hereto and made a part hereof,
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and the
County agree as follows:
UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto
and made a part hereof, to the intcrest of the County, or its successors, for the purpose of constructing, improving,
maintaining and operating a road over, through, upon, and/or across such lands, based on the following:
NATURE OF DATE FROM OR AGAINST IN FAVOR OF RECORDED
ENCUMBRANCE BOOK, PAGE
Plat Book Dedication 3115/88 Amnon Golan, Trustec Florida Power & Light Plat Book 14,
Company Page 121
The County and the Utility further agree that:
I. "Public right-of-way", as used herein, shall mean that area which is described in Exhibit "A" and which includes the
Utility's easements identified above and additional lands for public right-of-way, as described in Exhibit "A",
attached hereto and made a part hereof.
2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate
tacilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance with the County's
current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation
of facilities within the public right-of-way will be subjcct to prior approval by the County.
3. The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be
reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located presently or to
be located on the public right-of-way described in Exhibit "A", if such relocation or adjustment is caused by present
or future uses of the right-of-way by the County or its assigns, including, but not limited to, the cost of acquiring
replacement easements.
4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined in
Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or interfere with
such facilities. The County shall provide and insure access to said lands by the Utility.
5. The Utility agrees to repair any damage to County facilities and to indemniry the County against any loss or damage
resulting from the Utility exercising its rights to construct, operate, maintain, improve, add to, upgrade or remove its
facilities on the said public right-of-way.
6. This Agreement shall not be assigned by the County except to the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
KrJ;~B
.,DWIGHr)Jr:B~{QCK, Clerk
. .... .:.'....."~.,. B .~
. ~ l~fr.<;:JV.
.. ..,'~.t~s to =fk
J~'W' onl~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
'--:fLJL. w r _~~
BY: /'. V.
FRED W. COYLE, CHAIRMAl'f..
Signed, sealed and delivered
in the presence of:
FLORIDA POWER & LIGHT COMPANY
'2\- ~ l A, ) t-V7- c
By:\ .. c-
::"'~ ~tAr No/~
Print Name: It-€.. COU--X-f'AJ:.;
Titlc: West Area Real E
Print Name: Mark L. Byers
(Corp. Seal)
STATE OF FLORIDA, COUNTY OF SARASOTA
I hereby eertiry that on this day, before me, an oflicer duly authorized to take acknowledgements, personally
appeared Mark L. Byers, to me known and personally known to me to be the person described in, and did not take an oath
and who executed the foregoing instrument as the West Area Real Estate Manager of the Florida Power & Light Company
and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation.
r
WITNESS my hand and official seal in the County and State aforesaid this ~ i day of f1ZeJ/~A/""-1. 2011.
, i'\ A '1 '
.Y,- ) L l..k } l..1)V7)'-
(affix notarial seal)
(Signature of Notary Public)
/ l" Iv' / \ -'J A
V~t "'''''J /<-.
(Print Name of Notary Public)
Serial! Co
,;,~ ROS NOVAK
{.'~".\ MY COMMISSION HE 030265
My Comm ij ., i.-RES, December6,2014
",.ifr.,~.'" Bonded nJ ary U n rwriters
Approved as to form and
legal sufficiency:
~ )-B'\J~
:f~.vN\~ h. W+-Il-r(
Assistant County Attorney
.~
FPL Subordination Agreement
IJMCB.NO. ~ 5 q R flU e
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North 11 feet of the East 250 feet of the West 380 feet of Parcel 1,
ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE i-A,
ACCORDING TO THE PLAT THEREOF, RECORDED IN Plat Book 14,
Page 121, of the Public Records of Collier County, Florida.
South Right-at-Way Line at Oil Well Road
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11'
179.95'
250'
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Comer County Growth Management Division - Transportation Engineering Department
1110511010:01 AM
PEAPEnJAL. NON-EXCLUSIVE
R(W) IUGHT-QF-wAY. DAAJNAGE
He UTIUTY EASeMENT
EXHIBIT ,A
Page-Lof~
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LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The South 11 feet of the North 22 feet of the East 260 feet, together with
the North 11 feet of the West 105 feet, of the West 380 feet of Parcel 1,
ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1-A,
ACCORDING TO THE PLAT THEREOF, RECORDED IN Plat Book 14,
Page 121, of the Public Records of Collier County, Florida.
South Right-of-Way Line of Oil Well Road
105'
179.95'
11'
260'
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11/24/1010:26AM
PI~llJAL. NON-EXCLUSIVE ~
AND UTIl.nY E.AJU:IENT
EXHIIIT-LL.
PagI~at 1..
PNdL~EI
FEE SIMPlE
INTEREST
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North 11 feet of the West 90 feet of the East 179.95 feet of Parcel 1,
ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1-A,
ACCORDING TO THE PLAT THEREOF, RECORDED IN Plat Book 14,
Page 121, of the Public Records of Collier County, Florida.
South Right-ot-Way Line ot Oil Well Road
11'
89.95'
90'
E'S Country Store
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Collier County Growth Management Division - Transportation Engineering Department
11/05/109:57 AM
EXHIBIT .A
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M~IIO ~ IoOFa~
SKETCH & DESCRIPTION
(ADDITIONAL ROAD RIGHT-OF-WAY)
A PARCEL OR TRACT OF LAND SITUATED IN THE STATE Of flORIDA. COUNTY or COWER, LYING IN SECTION 23, TOWNSHIP
48 SOUTH. RANGE 27 EAST, AND BEING A PORTION OF PARCEl 1 OF' ORANGETREE UNIT THREE, cm~us GREENS SECTION,
PHASE 1-..... ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14-, PAGE 121 OF THE PUBLIC RECORDS OF
COWER COUNTY, FLORIDA, AND BEING FURTHER DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY MOST CORNER OF VALENCIA DRIVE: ACCORDING TO THE PLAT OF ORANGETREE UNIT
THREE. CIlRUS GREENS SECnON. PHASE 1-,1" RECORDED IN PLAT BOOK PLAT BOOK 14, PAGE 121, OF THE PUBUC RECORDS
OF COLUER COUNTY, FLORIDA, ALSO BEING ON THE SOUTH RIGHT-OF-WAY UNE Of OIL WELL ROAD. STArr ROAD 5-858.
100 fEET WIDE RIGHT-OF-WAY, AND ON AN ARC OF A CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 40.00
FEET; THENCE SOUTHEASTERLY, ALONG THE WESTERLY RIGHT-Of-WAY Of VAlENOA DRIVE AND ALONG THE ARC OF A
CURVE TO THE RIGHT fOR 62.83 FEET. THROUGH A CENlRAL ANGLE OF 90"00'00., BEING SUBlENDED BY A CHORD lHAT
BEARS S.4-4'53'08~E. AT 56.57 fEET; THENCE S.00"06'52~W., ALONG niE WESTERLY RIGHT-Of-WAY Of VALENCIA ORI'vt (100
rEET 'MOE RIGHT-Dr-WAY) A DISTANCE or 67_8B rEU TO mE POINT OF" BEGINNING or mE HEREIN DESCRIBED PARCEL:
THENCE CONTINUE ALONG SAID RlGHT-or-WAY. S.OO"OS'S2NW., A DISTANCE OF 100.17 fEET TO A POINT ON A
NON-TANGENTIAL CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 63.00 FEET: THENCE NORTHERLY 115.79 FEET
ALONG THE ARC OF THE CURVE TO THE RIGHT THROUGH A CENTRAL ANGlE OF 105'8'26~.BEING SUBTENDED BY A CHORD
THAT BEARS N.OO'06'52~E. AT 100.17 FEET TO THE POINT OF BEGINNING.
THE DESCRIBED PARCEL CONTAINS 1733 SQUARE FEET OR 0.040 ACRES. MORE OR LESS.
SUBJECT m EASEMENTS, RESTRICTIONS. RESERVATIONS AND RIGHTS-Of-WAY OF RECORD.
BEARINGS ARE BASEO ON THE PLAT OF ORANGETREE UNIT THREE. CITRUS GREENS SECTION. PHASE 1-A.
PLAT BOOK 14, PAGE 121, PUBUC RECORDS OF COWER COUNTY, flORIDA.
FEE SIMPLe
INTeREST
OIL fYELL ROAD
100'llIJI[R1alr-a:-JU....!.-
POINT OF - " C}
COtdMENCEMENT \
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ORAl'IGrTRU:lJtlITThRo::
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UNf TABLE
BEARING
SOa06,52
500'0552
UNE
LI
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DISTANCE
67,88'
100.17'
CURVE
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CURVT: TABLE
ARC
62.8"
11539'
CHORD BEARING
S44'~J'06
NOQ'06'52~E.
RADIUS
40.00'
63_00
DELTA ANGLE
9(T00 00
105'18'26"
CHORD
55.57'
100.17'
-- THIS 18 NOT A SURVEY ...
RHODES k RHODE')
LAND SURVEYING. INC
UCENSE ILB 6897
.
20-00
TEXT FILE
10
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THOMAS ~ RHODeS. SR.. P.S.U. 585'"
2010-VISO COMPS RO.....DlfG
28100 BONl'I'A GRANDE DRIVE SUITE 107 dr"o.wnl shept .1
BONITA SPRU<GS. FL 34135
PHONE: (239) (OS-B188 PAX: (299) oI05-B189 TCS 1 of 1
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EXHIBIT .1L-
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",...::J.bDSI)t;1
LEGAL DESCRIPTION & SKETCH
PERPfMl,J, ~d{Us~ SLOPE
AND UTIUlY EASEMENT
The North 11 feet of the East 89.95 feet, together with the the South 11
feet of the North 22 feet of the West 100 feet, of the East 179.95 feet of
Parcel 1 , ORANGETREE UNIT THREE, CITRUS GREENS SECTION,
PHASE 1-A, ACCORDING TO THE PLAT THEREOF, RECORDED IN Plat
Book 14, Page 121, of the Public Records of Collier County, Florida.
South Right-of-Way Line of Oil Well Road
89.95'
11'
100'
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11/24/1010:35AM
EXHIBIT A
P8gI, 5" A1.
RIlf1_~J{/t;?
PIRf. ...1 UAl. NON-EXCLUSIVE SLOPE
AMD U1'IJ1Y IM!:....T
SKETCH & DESCRIPTION
(10' IIlDE UTIUTY II< SLOPE EASEMENT)
A PARCEL OR 'TRACT OF LAND SlTUAiED IN THE STATE OF' RORIDA, COUNTY OF COLUER. L'flNG IN SEC110N 23.
TO'MIISH1P 48 SOUll-l, RANGE 27 EAST, AND BEING A PORTION OF' PARCEL 1 OF ORANGETREE UNIT l1-lREE, emus
GREENS SECTION. PHASE 1-A, ACCORDING TO THE PLAT THEREOf' RECORDED IN PLAT BOOK 14, PAGE 121 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FlORIDA, AND BEING FURTHER DESCRIBED AS FOLLOWS:
COMI.lENCING AT THE NORTHWESTERLY MOST CORNER Of VALENCIA DRIVE ACCORDING TO THE PLAT OF ORANGETREE
UNIT THREE. CITRUS GREENS SEcnON. PHASE 1-A, RECORDED IN PLAT BOOK PLAT BOOK 14, PAGE 121, OF THE
PUBLIC RECORDS OF COLUER COUNTY, FlORIDA. ALSO BEING ON THE SOU1H RIGHT-Or-WAY UNE OF OIL YitlL ROAD,
STATE ROAO 5-858. 100 FEET WIDE RIGHT-or-WAY, AND ON AN ARC OF A CUR~. CONCAVE SOUTHWESTERLY AND
HA'v1NG A RADIUS OF 40.00 FEET; THENCE SOUTHEASTERLY, ALONG THE 'WESTERLY RIGHT-Of-WAY OF VALENCIA DRIVE
AND ALONG THE ARC OF A CURVE TO THE RIGHT fOR 62.B3 FEET, THROUGH A CEN1RAL ANGLE OF 90"00'00., BEiNG
SUBTENOED BY A CHORD THAT BEARS 5.44'53'08-E. AT 56.57 FEET; THENCE S.OO'06'52"W., ALONG TI-lE 'M:STERLY
RIGHT-Of-WAY Of VALENCIA DRIVE (100 FEET WiDE RIGHT-QF-WAY) A DISTANCE Of 55.n FEET TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCE~ THENCE CONTINUE ALONG SAID RIGKT-QF-WAY, S,OO'06'S2"w., A
DISTANCE OF 12.11 FEET 10 A POINT ON A NON-TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF 63.00
fEET: THENCE SOUl1-lERl y 115.79 FEET ALONG THE ARC Of THE CURVE TO THE LEn THROUGH A CENTRAL ANGLE OF
105'a'26~, BEING SUBfENDED BY A CHORD THAT BEARS S.OO"06'52~W. AT 100.17 FEET; THENCE S.OO'06'S2MW., A
DISTANCE OF 12.11 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF 73.00
FEET; lHENCE NORlHERLY 148.89 FEET ALONG lHE ARC OF lHE CUR>1:: TO lHE RIGHT lHROUGH A CENTRAL ANGlE OF
116'51'40", BEING SUBTENDEO BY A CHORD THAT BEARS N.OO'06'52-E. AT 124_39 FEET TO THE POINT OF BEGINNING.
THE DESCRIBED PARCEL CONTAINS 1324 SQUARE fEET DR 0,030 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRtC1l0NS, RESERVA1l0NS AND RIGHTS-OF-WAY Of RECORD.
BEARINGS ARE BASED ON THE PLAT or ORANGETREE UNIT THREE, OTRU5 GREENS SECTlON, PHASE 1-A,
PLAT BOOK 14. PAGE 121, PUBUC RECORDS OF CDLUER COUNTY. FLORIOA.
OIL WELL ROAD
l00'MlERlQi!~-WA'I'
--
POINT OF ........ C'/
COMMENCEMENT \
HORIH\lIESTCOll:fER \
VAlDtOADRlYE I
Olbl,IolGE1RfE UNIT THREE
ClTRUS (JlUNS Sf:CTlCW,
I'KAS[I-A
P.B. 14. PG. 121 ,
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GRAPHIC SCALE
'''=50'
UNE TABLE
UNE BEARING
L 1 500"06 S2
L2 soa06'S2"W
l.} 500'06 52"'W
DISTANCE
55.77
12.11'
12.11
CURVE
C1
C2
CJ
CURVT:
ARC
62.83
115.79
148.69'
CHORD BEARING
S4-4'53 os E
SOcr06 52"W
NOD"OS'52wE
rA8LE
RADIUS
40,00
63.00'
73.00'
DELT" ANGLE
90'00 00
105'18'26
116"51'4Qw
CHORD
56.57
100.17
124.39'
... THIS IS NOT A SURVlrr ...
RHODES 81 RHODES - 0
LAND SURVEYING, INC TEXT FILE
UCENSE 11.8 6897
010
D
THOI.IAS c. RHODES. SR.. P.S.II, 58~
010-980 COMPS UTDJrr,DWG
28100 BONITA GRANDE DRM SUITE 107 dl"o.wnl she~t #1
BONITA SPRINGS. FL 34135
PRQNE~ (299) ..OS-8UI8 PAX: (239) .t-05-BUI9 TCS t of 1
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EXHIBIT-LL.
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SKETCH & DESCRIPTION
(12' 'MDE SLOPE EASEMENT)
A PARCEL OR TRACT OF lAND SlTUA1ED IN THE STAlE Of FlORIDA, COUNTY Of COWER, LYING IN SECllQN 23,
TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND BEING A PORTION OF PARCEL 1 OF ORANGElREE UNIT THREE. CITRUS
GREENS SECTION. PHASE 1-A, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 121 OF THE
PUBLIC RECORDS OF COLUER COUNTY. FLORIOA. AND BEING fURTHER DESCRIBED AS FOlLOWS:
COMMENCING AT THE NORlHWESTERlY MOST CORNER OF VALENCIA ORIVE ACCORDING TO mE PLAT OF ORANGETREE
UNIT THREE. CITRUS GREENS SECTION, PHASE 1-A, RECORDED IN PLAT BOOK PLAT BOOK 14, PAGE 121, Of THE
PUBLIC RECORDS OF COLVER COUNTY, FlORIDA. ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF OIL WEll ROAD.
STATE ROAD 5-858, 100 fEET WlOE RIGHT-Of-WAY, AND ON AN ARC OF A CURVE, CONCAVE SOUTH'HESlIRLY AND
HAVING A RADIUS OF 40.00 FEET; THENCE SOUTHEASTmlY, ALONG THE MSTERlY RIGHT-OF-WAY OF VAlENCIA DRIV[
AND ALONG THE ARC OF A CURVE TO THE RIGHT FOR 62,83 FEET, THROUGH A CENlRAL ANGLE or 90"00'00., BEING
SUBTENDED BY A CHORD THAT BEARS 5.44"53'08-L AT 5657 FEET; THENCE S.OO"06'52"W., ALONG THE VrESTERLY
RIGHT-Of-WAY Of VALENCIA DRIVE (100 fEET WIDE RIGHT-Of-WAY) A DISTANCE OF 42.0. FEET TO THE POINT OF
BEGINNING or THE HEREIN DESCRIBED PARGa; THENCE CONTINUE ALONG SAID RIGHT-Of-WAY, S.00"Q6'S2"W., A
DISTANCE OF 13.73 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF 73.00
FEET; mENCE SOUTHERLY 148.89 FEET ALONG mE ARC OF THE CURVE TO THE LEFT lHROUGH A CEHTRAL ANGLE OF
116'51'40", BEING SU8TENDEO BY A CHORD THAT BEARS S.00'06'S2"W. AT 12..39 FEET; THENCE S.OO'OS'S2"W., A
DISTANCE OF 13.7J FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF 85,00
FEET; THENCE NORTHERLY 187.76 FEET ALONG THE ARC or THE CURVE TO mE RIGHT THROUGH A CENTRAL ANOlE OF
126'33'40", BElNG SUB TENDED BY A CHORD THAT BEARS N.00'OS'52"E. AT 151.85 FEET TO THE POINT OF BEGINNING,
THE DESCRIBEO PARCEL CONTAINS 2020 SQUARE FEET OR 0.046 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICMNS, RESERVATIONS AND RIGHTS-Of-WAY OF RECORD,
BEARINGS ARE BASED ON THE PLAT OF ORANGElREE UNIT THREE, CITRUS GREENS SEeTlON, PHASE 1-A,
PLAT BOOK 14, PACE 121, PUBUC RECORDS OF COlUER COUNTY, FLORIDA.
OIL '!fELL ROAD
SOI.ml R1QlT-Cf-WAV ~ .u. ROAD
VSfAltROA05-- l00".xFllQlf-Cf-'!I.~
POINT OF - ....... C'"
COMMENCEMENT \
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aTRUS GRWl'S sreDCW,
1't1.I.5f1-A
P.B.14..Pa.121
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13.73
13.7:3'
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SLOPE EASEMENT
POINT OF
BEGINNING
~
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GRAPHIC SCALE
'''=50'
~:~----J.
unuTY I
~re: I
UNf TABLE
UNE BEARING
11 50a06'52
12 500"06 52
L3 500'06 52
CURVE
C1
C2
C3
CURVf: TABLE
ARC
62.83'
148.69
187.76
CHORD BEARING
S4-4'5.JOa"E
500'0652
NOO"06 52 E
RADIUS
.0.00'
73.00
85.00'
DELTA ANGLE
90'0000
116"51 -Kl
126'33,(,0
CHORD
56.57'
124.3$
151.85
-- THIS 18 NOT A SURVEY ...
00
#
RHODES Ie RHODES
lAND SURVEYING, INC
UCENSE #LB 6897
THOMAS Eo RHOOES, SR.. P.S.M. 5854
2010-980 COMPS SLOPE,D1fG
28100 BONITA GRANDE DRIVE SUITE 107 aro.wnl shet>t ,*1
BONITA SPRINGS, FL 3<135
PRONE: (239) 405-818e FAX: (230) "05-0UI3 TCS 1 of 1
.
EXHIBIT A
Page 7 ~ 7