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Parcel 903PROJECT: PARCEL: FOLIO: Immokalee Road - 30" Force Main 903 00160040601 AGREEMENT TO CONVEY EASEMENT THIS AGREEMENT TO CONVEY EASEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between OCEAN BOULEVARD PARTNERSHIP II, a Florida general partnership, whose mailing address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida, 34105, (hereinafter referred to as "Owner"), and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail, Naples, Florida 34112; WHEREAS, Purchaser requires, and is willing to condemn, a perpetual, non- exclusive easement for utility installation and maintenance purposes under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; 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; WHEREAS, the parties acknowledge and agree that the property may continue to be used by Owner to fulfill landscape buffer requirements imposed by land use laws, permits and approvals, both existing and those placed in effect hereafter, with respect to 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. Owner shall convey the Property to Purchaser for the sum of $5,389.00 payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including any and all costs and expenses incurred by Owner in connection with this Agreement, except as otherwise specifically set forth herein, and all of its terms, conditions, provisions and obligations, and for any and all severance damages to Owner's remaining property. 2. Portions of the Property and any lands adjacent to the property that have already have been improved and landscaped, and which are damaged due to the construction and installation of the 30 inch diameter sewer force main (hereinafter referred to as the "Proposed Improvements"), will be restored by the purchaser to match conditions existing prior to said construction and installation. 3. Purchaser will impose no restrictions on locations for lighting, signage, or shrub plantings within the property, other than those outlined in Paragraph 5. 4. Purchaser shall furnish Owner with final construction plans and as-built construction plans for the Proposed Improvements (a/k/a PWED Project No. 73943). 5. Owner shall plant no trees within eight (8) feet of the Proposed Improvements. 6. Owner has the right to cross the Property and the Proposed Improvements to install a 36 inch storm sewer. Easement Agreement Parcel No. 903 Page 2 7. Access to the Property by Purchaser for the installation and maintenance of the Proposed Improvements shall be from Creekside Way. 8. Maintenance of all landscaping shall be the sole responsibility of Owner. Any damage to the property and landscape buffer resulting from the Proposed Improvements construction or maintenance activities, or damages that otherwise would not have occurred if the force main was not in the landscape buffer, will be the responsibility of the Purchaser. 9. Construction of other Purchaser utilities within the utility easement and landscape buffer, other than connections to the Proposed Improvements, will not be allowed by Owner. This will be a restricted use utility easement. Owner reserves rights to use the easement for irrigation, landscape and all other uses that do not violate rights otherwise granted by Owner to Purchaser. 10. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; 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, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in the form attached as Exhibit "B". 11.Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Flodda. 12. Purchaser shall be responsible for paying any costs and/or fees associated with the securing and recording Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. 13.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. 14.Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; 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. 15. 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.) 16.This Agreement is governed and construed in accordance with the laws of the State of Florida. Easement Agreement Parcel No. 903 Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this/g',z~ day of ~ ,2000. Date Property acquisition approved by BCC: May 23, 2000 - Resolution No. 2000-165 Agenda Item No. 8B(2) AS TO PURCHASER: ., DWIGHT E. BROOK, Olerk . Attest as to Chairnan's BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GO~G BOARD OF THE COL~OUNTY WATER:SEWER DISTRIC'r~ ,, . . ... , ,- Ti '.O~ J. Con'~tine, U'ha',rman .... AS TO"OWNER: DATED: WITNESSES: Wit n eSSTI-IOMAS L. TREADWELL, Pri Name _ .¢ ~- W~ness ~) '' - ~ SANDRA p. THOMAS Print Name Print Name OCEAN BOULEVARD PARTNERSJ-IIP II, a FIo rida.~. y~.~ersh B Y://'Z~J/~"//~', ~ ~aul .J//~'arinelli, as Attord"~'Fact and Admifiistrative Agent for the Partnership r--~tt~t C. ,~protJl, as ,~,tto¢~ey in Fact and Administrative Agent for the Partnership Approved as to form and legal sufficiency: Tho~nas Palmer Assistant County Attorney SKETCH TO ACCOMPANY DESCRIPTION UTIU'[Y EASEMENTS ALONG CREDOgDE COMMERCE PARK WEST UNIT ONE PB 29, PGS 57 58 SECTION 27, TOMeSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA STRAP No. 48252701~A27, OCEAN BOULEVARD PARTNERSHIP, II DESIGN AND IMPLEMENTATION OF 50-INCH PARALLEL SEWER FORCE MAIN ~Pf:I.P..c~L qC~ POC DESC. "-x IMMOKALEE ROAD ·(OR 846) ' ) "I N 89'04'03" w .. 28.94' ~' ~, ~, \ ',- s 0~'39'00" E EXHIBrr "~';., . ~,~- ?,,/~ \ .20.0~, s ~5.21,.0,;- E-, / · I 57.82 / I; - !1 I 3o.4~' ~11 ~'~ L,-I (.:3 ' p,,,,",' o~' OR '~oo~. ,:,^~' ',~,~, ~'-, I~ <..-. """' 61 ~ ~n- ~ om ~1 ~j ~ < ° ~ ~o STRAP No. "-~ uJ ~ "'-~ , , 0 OCEAN BOULEVARD I Ie° PARTNERSHIP, II ', I' PARENT PARCEL REMAINDER ~ I -t-5g.44. Ac* . I , i PRO~ECT ,-"lS, q~'~, ~ t F ' PARCEL C~o~ I J ~ FOLIO 0o.!~oo~°~l I Ji~ REV. 1: CHANGE BOUNDARY OF EASEMENT, 4/28/00 · ACREAGE OF PARENT PARCEL IS NET OF UTILITY EASEMENT SHOWN ONLY. JEFFREY C. COONER AND ASSOClA~S, INC. ~m. ~. ~ooo SUR~'YING AND MAPPING SCAI F 1'--60' 3900 COLONIAL BOULEVARD, SUI~ 2. FORT tIYER& FLORIDA 53~12 mEET 1 OF PHON~ (941)277-0722 F/Oe (941)277-7179 ENAII~ SURVE~3RIICOONER. OOM SKEI'CH TO ACCOMPANY DESCRIFI'ION UTIUTY EASEMEN'r~ CREEX~DE COMMERCE PARK SECTION 27, TO~IqSHIP 48 SOUTH, RANGE 25 EAST, COLUER COUNTY, FLORIDA DESIGN AND IMPLEMENTATION OF 30-INCH PARAI!£L SEWER FORCE MAIN ASPH - ASPHALT MH -- MANHOLE BM - BENCH MARK MB -, ~ BOX BP -- BIKE PAIH MON ,= MONUMENT BC -, BOX CUL~Tr PAVT - PAngdENT C - a. IORD PK -- Pt( HAlL C8 '"' BEARING OF' CHORD PK~W' Pt( NAIL & WASHER CDB - CHORD BEARING P -- PLAT CO - CLEAN(XJT PGS - PAOES CD - CON~ DRIVEWAY POB - POINT OF BEGINNING CW - CONCRETE WALL PP - P(XAER ROlE CMP ' CORRU~ METAL PIPE R - RADIUS CPR "= CORRUGA'I'ED PLASltC PiPE RR - RAILROAD RAIL D ,- DEED OR DELTA ANOLE RRS ,,, RAILROAD SPIKE DO - DIRT DRIVEWAY I~S - RESERVED DS =, DESCRIP11ON RO~ ~, RiGHT-OF-~AY DH m, DRLL HOLE: RCP -- REIN~ CONCRE~ PIPE EP - EDOE OF PAM~dENT ROE - RANGE F - FIELD OR MEASURE~ SMH - SANITARY SE'f~R MANHOLE: FH ,, F1RE HYDRANT SP .- SEWER PIPE FDOT - FL. DEPT. OF' TRANI~:q~RT SW -- SIDEWALK FP~.. - FI.0RIDA PO~ER AND UGHT SI -- S~ON F'ND - FOUND ST - ~: OOVT -~ T - TANGENT GD - GRAil. ~ TL ,,' 1RAFFIC UOHT CONTROL BOX OS - GROUND ~1OT TP . llq Iq=HONE POLE: IP - IRON PiPE UG - IR - IRON ROD UTV - UNDEi~R~I~ T.V. BOX KSY - KUHI~ $PRECHE~ YASKIN WP -- WATER PIPE LS - LAND StJR~:'YOR b - DELTA ANGLE 1. TH~$ SKETCH ~S NOT ^ SURVEY. NOR ~$ ~T V^UD WlTHOUT THE ^'~'^¢H£D 3. MONUIdF'NTS SHOWN W!~£ LOCATED DURING fiELD $URV!--Y$ EXECUTED BY THIS FIRId 9-30-98 TO 10-14--99 4.. INSTRUIdF'NTS RF'F'~RENCED ARF OF' COLUER COUNTY RF'CORDS. 5. BEARING gASIS I$ FOR THF' NORTH UNF' OF' THE'- NW/4. OF' SECTION 27 TO BF'AR S89'04-'03"E. 6. THE LOTS, TRACTS AND $TRF'£T$ SHOWN FOR C;R£1:'KSIDF' C;C~IdE~CE PARK, UNIT TWO ARE FRC)Id' DIGITAL. CADD F'ILES FROM JOHNSON ENG!NEERI,NG, INC;. JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND IdAPPING OCT 14., lggg P.ON~ (9,.):,~-0722 F,.~x: (9.,.~)27~-7~79 m~ SURV.Z'rc~ EXHIBIT_ DESCRIPTION UTILITY EASEMENT STRAP NO. 482527013.0003A27, OCEAN BOULEVARD PARTNERSHIP, II A tract or parcel of land for a ut'fiity easement lying in Section 27, Township 48 South, Range 25 East, Collier County, Florida being more partieulaxly described as follows: Commencing at the 'totersection of the south line of Immokalee Road (C.R. 846) and the west line of Creekside Way (Tract R) as shown on plat of Creekside Commerce Park West-Unit One recorded in Plat Book 29, Pages 57-58 of the Public Records of Collier County, Florida; thence run S 01° 39' 00" E for 20.02 feet along the said West line of Creekside Way; Thence runN 89004'03" W for 21.06 feet to the Point of Beginning. From said Point of Beginning run N 89° 04' 03" W along said south side of Immokalee Road for 28.94 feet; thence run S 45° 21' 07" E for 57.82 feet to an intersection with a line parallel with and 10 feet westerly from (as measured on a perpendicular) said west line of Creekside Way; thence run S 01° 39' 00" E along said parallel line for 303.27 feet; thence run S 44© 22' 18" E for 14.74 feet to a southerly prolongation of said west line of Creekside Way and the west line of said Creekside Commerce Park West-Unit One; thence run N 01° 39' 00" W along said west line and the west line of said Creekside Way for 332.58 feet; Thence run N 45° 21' 07" W for 30.45 feet to the Point of Beginning. Containing 4,062 square feet more or less or 0.09 acres more or less. Bearings hereinabove mentioned assumes the north line of the northwest quarter (NW. 1/4) of Section 27 to be S 89° 04' 03" E. Professional Land Surveyor Florida Certificate No. 4052 (For the Firm: LB 6773) Revision: 4/28/00 Sheet 3of 3 EXHIBIT "B" PROJECT: PARCEL: FOLIO: Immokalee Road - 30" Force Main 903 0016O04O6O1 GRANT OF EASEMENT THIS GRANT OF EASEMENT, made and entered into this day of , 2000, by OCEAN BOULEVARD PARTNERSHIP II, a Florida general partnership, whose mailing address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida, 34105, as Grantor to BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this easement and their respective heirs, legal representatives, successors and assigns.) WIT N E S SETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement, license, and privilege for utility installation and maintenance purposes under, upon and across the following described lands located in Collier County, Florida, (hereinafter referred to as the "Property") to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS PROPERTY IS NOT HOMESTEAD. TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said Property and place, excavate, and/or remove materials for the purpose of constructing, operating and maintaining utility facilities thereon, subject to the following use restrictions. Grantee's use of the property will be restricted to the below- ground installation of a 30 inch diameter sewer force main hereinafter referred to as "Proposed Improvements"), and the repair and maintenance thereof from the surface of the Property from time to time. Grantor permits no other utility facilities to be installed by Grantee, other than connections to the proposed improvement. Grantee's acceptance of the Property constitutes agreement to restore and repair to its pre- existing condition, at Grantee's sole expense, any and all damages to landscaping, lighting, signage, and any and all other improvements, which may occur from the installation and the repair and maintenance of the Proposed Improvements, and to restrict all access to the Property for repairs and maintenance from Creekside Way. No restrictions will be imposed upon the Grantor by the Grantee on locations for lighting, signage or shrub plantings within the property. Routine maintenance thereafter of any and all landscaping, lighting, signage, and any and all other improvements located upon the Property shall be the responsibility of the Grantor. Owner has the right to cross the Property and the Proposed Improvements to install a 36 inch storm sewer. All uses of the Property not in conflict with the installation, operation and maintenance of the Proposed Improvements are reserved to the Grantor, except that the Grantor shall plant no trees within eight (8) feet of the Proposed Improvements. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute an easement running with the land and shall burden the Property described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Signed, Sealed and Delivered in the Presence of: OCEAN BOULEVARD PARTNERSHIP II, a Florida general partnership Witness Print Name Witness Print Name BY: Lamar Gable, as a Partner of Ocean Boulevard Partnership II BY: ClTRUST, a Louisiana general partnership, as a general Partner of Ocean Boulevard Partnership II Witness Print Name Witness Print name BY: Christopher D. Villere, as a general Partner of Citrust Witness Print Name Witness Print name BY: Mathilde V. Currence f/Ida Mathilde B. Villere, as a general Partner of Citrust Witness Print Name Witness Print Name BY: Lamar G. Villere, as a general Partner of Citrust Witness Print Name Witness Print Name BY: GIFT PARNERSHIP, a Florida general Partnership, as a general Partner of Ocean Boulevard Partnership II BY: Katherine G. Sproul, as a general Partner of Gift Partnership Witness Print Name Witness Print Name BY' Jennifer V. Sproul, as a general Partner of Gift Partnership Witness Print Name Witness Print Name BY: Julie A. Sproul, as a general Partner of Gift Partnership Witness Print Name Witness Print Name Witness Print Name Witness Print Name BY: BARRON G, COLLIER IV IRREVOCABLE TRUST, as a general Partner of Ocean Boulevard Partnership II BY: Juliet C. Sproul, as Trustee BY: ALEXANDRA EDEN COLLIER IRREVOCABLE TRUST as a general Partner of Ocean Boulevard Partnership II BY: Juliet C. Sproul, as Trustee Witness Print Name Witness Print Name BY: LARA CHRISTINA COLLIER IRREVOCABLE TRUST as a general Partner of Ocean Boulevard Partnership II BY' Juliet C. Sproul, as Trustee STATE OF COUNTY OF The foregoing easement was acknowledged before me this day of __ ,2000, by Lamar Gable, as a General Partner of Ocean Boulevard Partnership II, a Florida general partnership, on behalf of the Partnership.He is personally known to me or has produced as identification and did not take an oath. (Notary Seal) Notary Public Printed name: My Commission Expires: STATE OF COUNTY OF The foregoing easement was acknowledged before me this day of __ ,2000, by Christopher D. Villere, as a General Partner of Citrust, a Louisiana general partnership, on behalf of the Partnership in its capacity as a General Partner of Ocean Boulevard Partnership II, a Florida general partnership, on behalf of the Partnership. He is personally known to me or has produced as identification and did not take an oath. (Notary Seal) Notary Public Printed name: My Commission Expires: STATE OF COUNTY OF The foregoing easement was acknowledged before me this day of__ , 2000, by Mathilde V. Currence, f/k/a/ Mathilde B. Villere, as a General Partner of Citrust, a Louisiana general partnership, on behalf of the Partnership in its capacity as a General Partner of Ocean Boulevard Partnership II, a Florida general partnership, on behalf of the Partnership. She is personally known to me or has produced as identification and did not take an oath. (Notary Seal) Notary Public Printed name: My Commission Expires: STATE OF COUNTY OF The foregoing easement was acknowledged before me this .day of __ , 2000, by Lamar G. Villere, as a General Partner of Citrust, a Louisiana general partnership, on behalf of the Partnership in its capacity as a General Partner of Ocean Boulevard Partnership II, a Florida general partnership, on behalf of the Partnership. He is personally known to me or has produced as identification and did not take an oath. (Notary Seal) Notary Public Printed name: My Commission Expires: STATE OF COUNTY OF The foregoing easement was acknowledged before me this day of __ , 2000, by Katherine G. Sproul, as a General Partner of Gift Partnership, a Florida general partnership, on behalf of the Partnership in its capacity as a General Partner of Ocean Boulevard Partnership II, a Florida general partnership, on behalf of the Partnership. She is personally known to me or has produced as identification and did not take an oath. (Notary Seal) Notary Public Printed name: My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing easement was acknowledged before me this day of __ , 2000, by Jennifer V. Sproul, as a General Partner of Gift Partnership, a Florida general partnership, on behalf of the Partnership in its capacity as a General Partner of Ocean Boulevard Partnership II, a Florida general partnership, on behalf of the Partnership. She is personally known to me or has produced .as identification and did not take an oath. (Notary Seal) Notary Public Printed name:. My Commission Expires: STATE OF COUNTY OF The foregoing easement was acknowledged before me this day of__ ,2000, by Julie A. Sproul, as a General Partner of Gift Partnership, a Florida general partnership, on behalf of the Partnership in its capacity as a General Partner of Ocean Boulevard Partnership II, a Florida general partnership, on behalf of the Partnership. She is personally known to me or has produced as identification and did not take an oath. (Notary Seal) Notary Public Printed name: My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing easement was acknowledged before me this day of__ , 2000, by Juliet C. Sproul, as Trustee of Barron G. Collier IV Irrevocable Trust, on behalf of the Trust, as a General Partner of Ocean Boulevard Partnership II, a Florida general partnership, on behalf of the Partnership.She is personally known to me or has produced as identification and did not take an oath. (Notary Seal) Notary Public Printed name: My Commission Expires: STATE OF COUNTY OF The foregoing easement was acknowledged before me this day of__ , 2000, by Juliet C. Sproul, as Trustee of Alexandra Eden Collier Irrevocable Trust, on behalf of the Trust, as a General Partner of Ocean Boulevard Partnership II, a Florida general partnership, on behalf of the Partnership.She is personally known to me or has produced as identification and did not take an oath. (Notary Seal) STATE OF COUNTY OF Notary Public Printed name: My Commission Expires: The foregoing easement was acknowledged before me this day of__ , 2000, by Juliet C. Sproul, as Trustee of Lara Christina Collier Irrevocable Trust, on behalf of the Trust, as General Partner of Ocean Boulevard Partnership II, a Florida general partnership, on behalf of the Partnership. She is personally known to me or has produced as identification and did not take an oath. (Notary Seal) &pprove~ ~ to form/~ le~l sufficiency .___¢__.: ..... Notary Public Printed name: My Commission Expires: SKETCH TO ACCOMP~ DESCRIFHON U'I1UTY EASEMENTS ALONG CI~_~DE COMMERCE PARK SEc'noN 27, TOM~ISHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA STRAP No. 482527013.0003A27, OCEAN BOULEVARD PARTNERSHIP, II DESIGN AND IMPLEMENTATION OF .SO-INCH PARALLEL SEWER FORCE MAIN P~c-LC/C'~ POC DESC.--~ IMMOKALEE ROAD' (CR 846) POg DESC._--..... '~(~DTH VARIES) 28.94' 9'00" E EXHIBIT__ ~: -qP/~l \ -o II S 45~_1'07" E-~ I ~ ~. / J - ~o.~s' oll I ' PART Of 0R'2009, PAGE 1568 o. o=J I~o r~ O~n on ~1 ,J ~ oz STRAP No. .~J ~ LU v "'z 48252701 ~.0003A27 :~. J.~ OCEAN BOULEVARD J Io°. PARTNERSHIP, II PARENT PARCEL REMAINDER +39.4-4. Ac* . PRO,1ECT -I ~q-~ ~ ,,,, PARCEl. q 0 [.~) , S 44'22'18" E 14 74' I REV. 1: CHANGE BOUNDARY OF EASEMENT, 4/28/00 *ACREAGE OF PARENT PARCEL IS NET OF UTILITY EASEMENT SHOWN ONLY. JEFFREY C. COONER AND ASSOCIATES, INC. F~. ~,. ~ooo Su.~.~ A.o .A..~.s SCAL~ ~'=60' ~900 COLONIAL BOULEVARD, SUITE 2. FORT MYERS, FLORIDA 55912mEET 1 OF PHONE: (941)277-0722 FAY~ (941)277-7179 EMAII.: SlJRVEY~ER. OOM UTIUTY ~ENTS CREE](~DE COMMERCE PARK SECTION 27, TO',~NSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY. FLORIDA OESIGN AND IMPLEMENTATION OF SO-INCH PARALl.EL SEWER FORCE MAIN ASPH - ASPHALT MH - MANHOLE BC - BOX CULVERT PAVI' - PAVEMENT COB - CH~RD BEARING P - PLAT CMP - CORRUGATED METAL PLOE R - RADIUS O - DEED OR DELTA ANOLE RRS -- RAILROAD SPIKE DD - DIRT DRIP'WAY RES - RESERVED DS - DE~lION ROW - RIGHT-OF-WAY EP - EDGE OF PAVEMENT RGE - RANGE F . Flpl n OR MEASURED SMH -- SANITARY SE~ER MANHOLE FDOT - FL. DEPT. OF TRANSPORT ~ - SIDEWALK FPad. - FLORIDA PO~ AND UGHT SI -- SIGN F'ND - FOUND ST -- ~- GOVI' -GOVERNMENT T - TANGENT GO - GRAVEl. DRI~ 11. - 1RAFF1C UGHT CONI~ BOX G~ - GUY ~IRE POLE T~ - ~SHIP HW - HEADWALL TR - TREE ~ - IRON PIPE UG -- UNDERGROUND IR - IRON ROD UTV - UNDERGR(XJND T.V. BOX IRC - IR~ RO0 & CAP V~M - WATER ML:'I~R KSY - KUNDE, SPRECHEN, YAS~IN ~ -- WATE~ PIPE LS - LAND SUR~'YOR A -- DELTA ANGLE ~ + - ~ OR LE~S/APPRO~HA~ 1. THIS $H£TCH IS NOT A SURVEY. NOR iS iT VALID ~THOUT THE ATTACHED D£$CRIP~ON. 3. MONUUEHT$ SHOWN W~RE LOCATED DURING F~ELD SURVEYS EX£CUT~D BY THiS RRU 9-30-98 TO ~0-~-99 4. INSTRUMENTS RE~RENC~D ARE O~ COMER COUNT7 RECORDS. 5. BEARING BA~$ I$ FOR THE NORTH UNE OF THE NW/~ OF SECTION 27 TO 8EAR 6. THE LOTS, TRACT~ AND $T~E~$ ~OWN ~OR C~EEK$~DE CO~ME~C~ PAR~, UNIT TWO FROM' DI¢ITAL CADD F~U~$ FROM JOHNSON mGIN,~iNG, INC. JEFFREY C. COONER AND ASSOCIATES, INC. SURWnNG ~O UAmNG OCT 14, ~99~ PHON~ (~)277-0722 ~A~ (9~)277-7~7~ E~ SURVZ70R COd~E~.COU EXHIBIT,:', ," Page_ 3 of,, DESCRIPTION ~_cc~ 'h ~ q ¢"~ UTILITY EASEMENT -- STRAP NO. 482527013.0003A27, OCEAN BOULEVARD PARTNERSHIP, II A tract or parcel of land for a utility easement lying in Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the intersection of the south line of Immokalee Road (C.1L 846) and the west line of Creekside Way (Tract R) as shown on plat of Creekside Commerce Park West-Unit One recorded in Plat Book 29, Pages 57-58 of the Public Records of Collier County, Florida; thence run S 01° 39' 00" E for 20.02 feet along the said West line of Creekside Way; Thence runN 89004'03" W for 21.06 feet to the Point of Beginning. From said Point of Beginning runN 89° 04' 03" W along said south side of Immokalee Road for 28.94 feet; thence run S 45° 21' 07" E for 57.82 feet to an intersection with a line parallel with and 10 feet westerly from (as measured on a perpendicular) said west line of Creekside Way; thence run S 01° 39' 00" E along said parallel line for 303.27 feet; thence run S 44° 22' 18" E for 14.74 feet to a southerly prolongation of said west line of Creekside Way and the west line of said Creekside Commerce Park West-Unit One; thence run N 01° 39' 00" W along said west line and the west line of said Creekside Way for 332.58 feet; Thence runN 45° 21' 07" W for 30,45 feet to the Point of Beginning. Containing 4,062 square feet more or less or 0.09 acres more or less. Bearings hereinabove mentioned assumes the north line of the northwest quarter (NW- 1/4) of Section 27 to be S 89° 04' 03" E. Professional Land Surveyor Florida Certificate No. 4052 (For the Firm: LB 6773) Revision: 4/28/00 Sheet 3of 3 Memorandum TO: FROM: DATE: RE: Ellie Hoffman Records Technician III Minutes & Records Management Cindy Erb Real Property Sp~fcialist II Real Property Management Department August 25, 2000 Immokalee Road - 30" Force Main Parcels: 903 Improvements; Project # 73943; Please find attached one (1) original recorded Grant of Easement for the above referenced project. The Board of County Commissioner of Collier County, Florida approved the acquisition by gift or purchase pursuant to Resolution 2000-146, Agenda Item 16 B 21, dated May 23, 2000, and approved the acquisition by condemnation pursuant to Resolution 2000- 165, Agenda Item 8 [] 2, dated May 23, 2000, and the Board has authorized its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney. Please contact me if you have any questions or comments at 8991. Thank you. attachments as stated cc: Tax Appraiser's Office w/attachment Inventory File w/attachment Office of the Real Property Management Department PROJECT: Immokalee Road -30" Force Main PARCEL: 903 FOLIO: 00160040601 2678132 OR: 2712 PG: 0624 RBCORDBD In OFFICIAL RBCOBI)S of COLLISN COUN?Y, 08/18/2000 at 09:aSAK DWI~H~ B. BROCK, CLNRK CONS 5389.00 RBC FBS 64.50 INDBXING 9,00 COPIBS 14,00 Retn: RBAL PROPHR?Y 8991 IH?BR OleiC! THIS COf!VEVAb!£E ~CCEPTE~) BYTHE ] F:.0Aqq 0F (~0:;h:TY C0 ,, ....~.~ ,,]E S,4 FUi~SUAi~i TO THE PEOVISiONS '~ GRANT OF EASE~OLUTION NO. ~-~, ~¢~-/~ TH~RANT OF EASEMENT, made and entered into this ,2.~"~ day of , 2000, by OCEAN BOULEVARD PARTNERSHIP II, a Florida par~nerst~ip, whose mailing address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida, 34105, as Grantor to BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this easement and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement, license, and privilege for utility and maintenance purposes under, upon and across the following described lands located in Collier County, Florida, (hereinafter referred to as the "Property") to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS PROPERTY IS NOT HOMESTEAD. TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said Property and place, excavate, and/or remove materials for the purpose of constructing, operating and maintaining utility facilities thereon, subject to the following use restrictions. Grantee's use of the property will be restricted to the below-ground installation of a 30 inch diameter sewer force main hereinafter referred to as "Proposed Improvements"), and the repair and maintenance thereof from the surface of the Property from time to time. Grantor permits no other utility facilities to be installed by Grantee, other than connections to the proposed improvement. Grantee's acceptance of the Property constitutes agreement to restore and repair to its pre-existing condition, at Grantee's sole expense, any and all damages to landscaping, lighting, signage, and any and all other improvements, which may occur from the installation and the repair and maintenance of the Proposed Improvements, and to restrict all access to the Property for repairs and maintenance from Creekside Way. No restrictions will be imposed upon the Grantor by the Grantee on locations for lighting, signage or shrub plantings within the property. Routine maintenance thereafter of any and all landscaping, lighting, signage, and any and all other improvements located upon the Property shall be the responsibility of the Grantor. Owner has the right to cross the Property and the Proposed Improvements to install a 36 inch storm sewer. OR: 2712 PG: 0625 All uses of the Property not in conflict with the installation, operation and maintenance of the Proposed Improvements are reserved to the Grantor, except that the Grantor shall plant no trees within eight (8) feet of the Proposed Improvements. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute an easement running with the land and shall burden the Property described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Signed, Sealed and Delivered in the Presence of: OCEAN BOULEVARD PARTNERSHIP II, a Florida general partnership Wit0~ess Prin,~d Name~ Witness Printed Name By: Lamar Gable, as a Partner of Ocean Boulevard Partnership I1 STATE OF FLORIDA ) ) COUNTY OF COLLIER ) SS. Partr~rsh~'p II, a Florida general partnership, personally known to me or has produced as identification and did not take an oath. (seal) .~oregoing easement was acknowledged before me this ~/'-~ day of__ - ,2000, by Lamar Gable, as a General Partner of Ocean Boulevard on behalf of the Partnership. He is Notary Public Printed My Commission Expires: Name: O~,l~,~y p(./~. OFFICIAL NOTARY SEAL _~..~ SUSAN L MATURO ~' '~ * COI~,ON NUMBER ~ ~, ~ CC589434 ~ ~ MY ~MI~ EX~RES O~ F~0 OCT. 15,2000 OR: 2712 PG: 0626 Witne/ss /¢~ ~'/:/,4 ~./ Witness Printed name By: Citrust, a Louisiana general partnership, as a general Partner of Ocean Boulevard Partnership tl C~t~)pt~r D. Villere, as a general Partner of Citrust STATE OF FLORIDA ) ) COUNTY OF COLLIER ) SS, (~[,T.~foregoing easement was acknowledged before me this ~8~'~' day of ,2000, by Christopher D. Villere, as a General Partner of Citrust, a Loui~ana//general partnership, on behalf of the Partnership in its capacity as a General Partner of Ocean Boulevard Partnership II, a Florida general partnership, on behalf of the Partnership. He is personally known to me or has produced (seal) as identification and did not take an oath. Notary Public Printed ..~,..d.r/¢~/-. /'h,z/7",J~_.d My Commission Expires: Name: LBARRONCOLLIER 60 ~l FILE NUMBER I OI : 2712 P6: 062.? By: Citrust, a Louisiana general partnership, as a general Partner of Ocean Boulevard Partnership II Witness Printe~ Nam. e, Witness Printed name Mathilde V. Currence f/k/a Mathilde B. Villere, as a general Partner of Citrust STATE OF FLORIDA ) ) COUNTY OF COLLIER ) SS. Th.e foregoing easement was acknowledged before me this ,~o~'/4' day of ~ , 2000, by Mathilde V. Currence, f/k/a/ Mathil~-e B. Villere, as a Gene)'al P~rtner of Citrust, a Louisiana general partnership, on behalf of the Partnership in its capacity as a General Partner of Ocean Boulevard Partnership II, a Florida general partnership, on behalf of the Partnership. S.h.e is personally known to me or has produced as identification and did not take an oath. (seal) OFFICIAL NOTARY SEAl. SUSAN L MATURO "O~T 1~2000 ~ ~" ..... Notary Public ,-~~/--./h,,7~'f/~-.O Printed Name: My Commission Expires: LBARRON COLLIE~ CO '~l OR: 2712 PG: 0628 Printed Name .., ---- ' Witness ~/ · Printed Name By: Citrust, a Louisiana general partnership, as a general Partner of Ocean Boulevard Partnership II By: La~, as a general Partner of Citrust STATE OF FLORIDA ) ) COUNTY OF COLLIER ) SS. The foregoing easement was acknowledged before me this ~',¢/4' day of__ ~ , 2000, by Lamar G. Villere, as a General Partner of Citrust, a Louisi~/na g~eneral partnership, on behalf of the Partnership in its capacity as a General Partner of Ocean Boulevard Partnership II, a Florida general partnership, on behalf of the Partnership. He is personally known to me or has produced as identification and did not take ~n a~4.x~~ 0~//.~~ Notary Public Printed ff~)~',~ L.//1 ¢)?"rJ/~ Name: (seal) My Commission Expires: BARRON C0L LIL- R--~"~-~i FILE NUMBER OR: 27 2 PG: 0629 Witness Witness Printed Name By: Gift Partnership, Florida general partnership, as a general ~artner of Ocean Boule~vard Partper, hip II ~ Ka~-erine ~ S~)r~ul, ~s a ger~eral Partner of Gift Partnership STATE OF FLORIDA ) ) COUNTY OF COLLIER ) SS. /.iTh, e foregoing easement was acknowledged before me this ~ day of ~ , 2000, by Katherine G. Sproul, as a Gene-~al-Partner of Gift Partn'~rshi~), a Florida general partnership, on behalf of the Partnership in its capacity as a General Partner of Ocean Boulevard Partnership II, a Florida general partnership, on behalf of the Partnership. S..he is personall_v_If~:~W.g._~_~e or has produced as identification and did not take an oath. (seal) OFFICIAL NOTARY SEAL SUSAN L MATURO co.,.,-.u... CC589434 OCT. Notary Public $J&~A/ /.. fn~/*~ Printed Name: My Commission Expires: LBARRONCOLLIER C0 ~ ~IIF NUMBER I OR: 2712 PG: 0630 By: Gift Partnership, a Florida general partnership, as a general Partner of Ocean Boulevard Partnership II wit,~ Printe.~:! Name Witness Printed Name ~'(j~nifer 8~Sullivan, ~ a g~neral Partner of Gift Partnership STATE OF FLORIDA ) ) COUNTY OF COLLIER ) SS. The foregoing easement was acknowledged before me this ,20~ day of__ ~z~..z4 , 2000, by Jennifer S. Sullivan, as a General Partner of Gift Partn~¢shipf, a Florida general partnership, on behalf of the Partnership in its capacity as a General Partner of Ocean Boulevard Partnership II, a Florida general partnership, on behalf of the Partnership. (seal) OFFICIAL NOTARY SEAL i I .~,~JR¥ /~0<~: SUSAN L MATURO I CC589434 I O~ ~0 S_he is personally known to me or has produced as identification and did not take an oath. Notary Public $.4]£A~J/... f'~/eT'¢,~J Printed Name: My Commission Expires: L BARRON COLUER CO FILE I'JUMBER OR: 2712 PG: 0631 Witness Printe~ Name Witn~ . Printed Name By: Gift Partnership, a Florida general partnership, as a general Partner of Ocean Boulevard Partnership II Juli'i'i~A. Sproul, as a general'Partner of Gift'Partnership STATE OF FLORIDA ) ) COUNTY OF COLLIER ) SS. ,.,The foregoing easement was acknowledged before me this ,,?.4~¢ day of ~ ,2000, by Julie+A. Sproul, as a General Partner of Gift Partnership, a Floridea g6neral partnership, on behalf of the Partnership in its capacity as a General Partner of Ocean Boulevard Partnership II, a Florida general partnership, on behalf of the Partnership..S_he is personally known to me or has produced as identification and did not take an oath. Notary Public Printed .~,..fJ.~,4/J/../b,R'~"u'~E~:) Name: (seal) My Commission Expires: OFFICIAL NOTARY SE~ SUSAN L MATURO C~l~l~ NUMBER 0C589434 MY ~MMI~ EXPIRES L_BARRON COLLIER CO '!t tILE NLJMSER I OR: 2712 PG: 0632 Witness Print/e)d Name,.~- /"-. Witness Printed Name By: Barron G. Collier Irrevocable Trust, as a general Partner of Ocean Boulevard Partnership II ~t~11'~1~ C ~- ~pl:o~l, ~!~'l'~u s-t~e STATE OF FLORIDA ) ) COUNTY OF COLLIER ) SS. ~The foregoing easement was acknowledged before me this "'~(¢ ~ day of -/f.c~_.~ , 2000, by Juliet C. Sproul, as Trustee of Barron G. Collier IV Irrev~(~abl¢/ Trust, on behalf of the Trust, as a General Partner of Ocean Boulevard Partnership II, a Florida general partnership, on behalf of the Partnership.She is ,personally kno__wn to me or has produced as identification and did not take an oath. ( Notary Public ..~:/.g,4-zJ' £. Printed Name: (seal) My Commission Expires: L BARRON COLLIER CO FILE NUMBER OR: 2712 PG: 0633 Witness.. PrinteR Name Witne~.s . Printed Name By: Alexandra Eden Collier Irrevocable Trust, as a general Partner of Ocean Boulevard Partnership II ~iet C. Sproul, as//T~rustee STATE OF FLORIDA ) COUNTY OF COLLIER ) r_T~he, fo. regoing easement was acknowledged before me this ;~ ~g day of ~ , 2000, by Juliet C. Sproul, as Trustee of Alexandra Eden Collier Irrevocable rrrust, on behalf of the Trust, as a General Partner of Ocean Boulevard Partnership II, a Florida general partnership, on behalf of the Partnership. S. he is personally known to me or has produced as ident~nd did not take an oath. (seal) Notary Public.~.%z~ Printed Name: My Commission Expires: OFFICIAL NOTARY SEAL SUSAN L MATURO COMMISSION NUMBER CC589434 MY COMMISSION EXPIRES OCT. ~,2.0o.o..I LBARRON COLLIER CO i FILE NUMBER OR: 2712 PG: 0634 Witness Printetd Name, /)-, /-- · Witness Printed Name By: Lara Christina Collier Irrevocable Trust, as a general Partner of Ocean Boulevard Partnership II ~l'i~t~C. Sproul, a~"~rustee STATE OF FLORIDA ) ) COUNTY OF COLLIER ) SS. ~he. foregoing easement was acknowledged before me this 2.-~/4_ day of ~ , 2000, by Juliet C. Sproul, as Trustee of Lara Christina Collier Irrevocable/'Trust, on behalf of the Trust, as General Partner of Ocean Boulevard Partnership II, a Florida general partnership, on behalf of the Partnership..She is_ p_..~sonally known to m_e or has produced as identification and did not take an oath. (seal) Notary Public ~L,f~ Printed Name: My Commission Expires: OF F%o OFFICIAL NOTARY SEAL SUSAN L MATURO COMMIB~ION NUMBER CC589434 MY COMMISSION EXPIRES OCT. 15,2000 EIIF NUMBER OR: 2712 PG: 0635 SKETCH TO ACCOMPANY DESCR]FI~ON UTILrW ~ENTS ALONG CRI=I:XSIDE COMMERCE PARK SECllON 27, TOl~ISHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA STRAP No. 48252.7CYla. OO(LIA,?.7, OCEAN BOULEVARD PAR'INERSHIP, II DESIGN AND IMPLEMENTATION OF 50-INCH PARALLEL SEWER FORCE MAIN ~P~.r.~l. qC3 poo OE$O. -~ IMIdOKALE£ ROAD ' {CR 846) ROB O£SC..---,~ '~ (W~DTH VARIES) 28 94.' S 01' 9'00" . 30.4.5' o..0_, . - MI .z _ I '~' m, Io ~ ~ °~ : I. JJZ · · OCEAN BOULEVARD I I°° PARTNERSHIP, II ". PARENT PARCEL REMAINDER ~ | +59.44, Ac* , I ~ i lO S 4-4'22'18" E 14.74-' REV. 1: CHANGE BOUNDARY OF EASEMENT, 4/28/00 "'ACREAGE OF PARENT PARCEL IS NET OF UTILITY EASEMENT SHOWN ONLY. JEFFR~ C. COONER AND ASSOOATE:S, INC. FF_B. 19, 2000 SURVEYING AND MAPPING SCALE 1"=60' 3900 COLONIAL BOULEVARD, SUITE 2. FORT MYERS, FLORIDA ,,~912SHEET I OF' PHONE: (941)277-0722 FAX: (941)277--7179 EldAll..: SURVEYOR~X)ONER. COM OR: 2712 PG: 0636 SKETCH TO ACCOMPANY DESCRIPTION UTIUTY EASEMENTS CREEXSIDE COMMERCE PARK SECT)ON 27, ~SHIP 48 SOUTH, RANGE 25 FAST, COLLIER COUNTY, FLORIDA DESIGN AND IMPLEMENTATION OF SO-INCH PARAI IF'L SEWER FORCE MAIN ASPH - ASPHALT MH - MANH(X.E BM -BENCHMARK MB - ME*IER BOX BP - BIKE PA'IH MON ~ MONUMENT - - EXHIBIT BC - BOX CULMa~rl' PAVT - PAMa~ENT C ~- CHORD PK .- PK NAIL ~ - CHORD BEARING P - PLAT GO - GLEAN(XJT POS -- PAGE~ CO - CONCRE~ ~AY P(~ - POINT OF BEGINNING CMP - CORRU~*IED METAL PIPE R - RADIUS D - ~ OR DELTA ANGLE RRS - RAILROAD ~qKE DO - DIRT DRIVEWAY RES - RES~VED DS - DES(~PI~ON ROW -- RIOHT-OF'-WAY EP "EDGE OF PAMalIENT RGE - RANGE F - FIELD OR MEASURED SMH - SANITARY ~ ~ FDOT - FL. DEPT. OF' '[RANSPORT SW - ~gDEWALK FPdd. - F'L(~DA POWI~ AND UOHT g - SIGN OOVI' -GO~g~IMDIT T - TANGENT GO - GRAVE~ DRIVE TL - 1RAFFIC UGHT CON'IROL BOX G~ - GROUND SHOT TP . Tr~ r~40NE POLE HW - HEADWALL TR - ~ IP - IRON PIPE UO' - UNDERGROUND IP4~ - IRON PIPE & CAP USH - UO SPRINKLER HEAD IR - IRON RO0 UTV - UNDERGROUND T.V. BOX IRC - IRON RO0 & CAP ~M - WATER METER KSY - KIJNDE, SPRECHER, YASKIN ~I~ -- WATER ~ LS - LAND SURVEYOR ~ - DELTA ANGLE 1. THIS SKETCH IS NOT A SURVEY. NOR IS IT VALID WITHOUT THE ATTACHED DESCRIPTION. 3. MONUMENTS SHOWN WERE LOCATED DURINO FIELD SURVEYS EXECUTED BY THIS FIRM FROM 9-30-98 TO 10-1~-99 4. INSTRUMENTS REFERENCED ARE OF COLUER COUNTY RECORDS. 5. BEARING BASIS IS FOR THE NORTH UNE OF THE NW/~ OF SECT)ON 27 TO BEAR S89~)~'03'E. 6. THE LOTS, TRACTS AND STREETS SHOWN FOR CREEKSIDE COMMERCE PARK, UNIT TWO ARE FROM' DIGITAL CADD F1LES FROM JOHNSON ENGINEERING, INC. JEFFREY C. COONER AND ASSOCIATES, INC.' SURVEYINO AND MAPPING OCT 14, 1999 3900 COLONiaL .OULEV~D. SU~T~ 2. FO~T M~E~ ~LOmDA ~9~2SH~T 2 OF 3 PHON~' (940277-0722 F~ (94~)277-7~79 e.~U SURV~O~ COC~E~CO~ BARIV.!i,~ COt. LIFR CO '~ riLE NUMBER - *** OR: 2712 PG: 0637 *** EXHIBIT Page '~ of 3 DESCRIPTION UTILITY EASEMENT STRAP NO. 482527013.0003A27, OCEAN BOULEVARD PARTNERSHIP, II A tract or parcel of land for a utility easement lying in Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the intersection of the south line of Immokalee Road (C.R. 846) and the west line of Creekside Way (Tract R) as shown on plat of Creekside Commerce Park West-Unit One recorded in Plat Book 29, Pages 57-58 of the Public Records of Collier County, Florida; thence run S 01° 39' 00" E for 20.02 feet along the said West line of Creekside Way; Thence runN 89004'03" W for 21.06 feet to the Point of Beginning. From said Point of Beginning run N 89° 04' 03" W along said south side of Immokalee Road for 28.94 feet; thence run S 45° 21' 07" E for 57.82 feet to an intersection with a line parallel with and 10 feet westerly fi:om (as measured on a perpendicular) said west line of Creekside Way; thence run S 01° 39' 00" E along said parallel line for 303.27 feet; thence run S 44° 22' 18" E for 14.74 feet to a southerly prolongation of said west line of Creekside Way and the west line of said Creekside Commerce Park West-Unit One; thence run N 01 o 39' 00" W along said west line and the west line of said'Creekside Way for 332.58 feet; Thence run N 45° 21' 07" W for 30.45 feet to the Point of Beginning. Containing 4,062 square feet more or less or 0.09 acres more or less. Bearings hereinabove mentioned assumes the north line of the northwest quarter (NW. 1/4) of Section 27 to be S 89° 04' 03" E. Professional Land Surveyor Florida Certificate No. 4052 (For the Firm: LB 6773) Revision: 4/28/00 Sheet 3of 3 NUMBER I