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Wyndemere Homeowners AssocMemorandum TO: FROM: DATE: Re: Ellie Hoffman Records Technician III Minutes & Records Management Cindy Erb ~~ Sr. Acquisition Specialist Real Property Management Department December 7, 2001 Livingston Road (Golden Gate Parkway to Pine Ridge Road Project #: 60071; Wyndemere Homeowners Association, Inc. Please find attached one (1) original recorded Subordination of Utility Interests - FPL, one (1) ori_clinal recorded Subordination of Utility Interests - Sprint, one (1) original recorded Temporary Wall Demolition Easement, one (1) ori_clinal recorded Temporary Driveway Restoration Easement, one (1) original recorded Easement, one (1) original recorded Easement with Easement Agreement, and one (1) original Easement Agreement for the above referenced project. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift or purchase pursuant to Resolution 200-447 Agenda Item 8 B 4, dated November 28, 2000, and approved the acquisition by condemnation pursuant to Resolution 2000- 446, Agenda Item 8 B 1, dated November 28, 2000. Please contact me if you have any questions or comments at 8917. Thank you. attachments as stated cc: Tax Appraiser's Office w/Easement only Inventory File w/attachments Office of the Real Property Management Department PROJECT: Livingston Road PARCEL NO: 165 / 765 & 166 / 766 Peepa-ed by: Ellen T. Chadwell, Esqutre Office of the County Attorne) 3301 East Yamlamt Trail Naples, Florida 34112 (941) 774-8400 TEMPORARY WALL DEMOLITION EASEMENT This properly has been acquired under threat of condemnation and is exempt ~ documentary st-~mp tax THIS EASEMENT made and entered into this //cc day of //~ 2001, by WYNDEMERE HOMEOWNERS ASSOCIATION, INC., a Florida non-profit corporation, whose mailing address is 98 Wyndemere Way, Naples, FL 34105, (hereinafter referred to as "Grantor") to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, its successors and assigns, (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" are used for singular or plural, as the context requires, and include all the parties to this instrument 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, receipt and sufficiency of which is hereby acknowledged, hereby assigns, and grants unto the Grantee, a temporary easement, license and privilege to enter upon the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. This Easement is granted for the express purpose of providing Grantee temporary access to Grantor's lands as described above, and for the purpose of removing the existing wall as described in Paragraph 6 of the Easement Agreement. This Easement shall expire one year beyond the official acceptance of the public improvements by the Board of County Commissioners of Collier County, Florida, or on October 31, 2003, whichever occurs first. Grantee shall restore the surface of the Easement Area to the condition existing prior to the commencement of construction adjacent thereto. IN executed the day and year first above written. WitneSs~ (S~r~ture)~,/ Name: iPrint) / Witn-e~s (Signatu-~e) Name:~/,~¢r/i~,._. WITNESS WHEREOF, the GRANTOR has caused these presents to be WYNDEMERE HOMEOWNERS ASSOCIATION, INC., a Florida non- profit corporation ~r~sident/vice ~resi~n~ Ellen T. Chadwell THIS CONVEYANCE APPI~OV~D BY THE BOARD OF COUNTY OOMMI$$1ONERS, COLLIER COUNT~, FLORIDA, STATE OF ~ COUNTY O F,/C~~,t.,' OR: 2933 PG: 2322 The foregoing Temporary Wall Demolition Easement was acknowledaed bef~re,~rne this ~/~ ~y of ~~ , 2oo~ b~ ~~/~~,~me~, ~resioengVice President, on behalf of WYNDEMERE H~ME6~NERS ASSOCIATION, INC., a Florida non-profit corporation, who is personally known to me or who has produced as identification. WITNESS my hand and official seal this day of ,2001. (Affix notarial seal) _(Signa~Hr¢gf N~) D~O~y L. POHRER ~T~Y~L~-STA~OFFLORI~c~i~N e CC93~10 (Print N~me of Nota~)d ~.~s~,,~ Commission ~ B~DED ~RU ASA I~8-NOTARY1 My Commission Expires: OR: 2933 PG: 2323 *** EXHIBIT Page / __of ..... /, DESCRIPTION OF TEMPORARY WALL DF. MOLITION EASEMENT ALL THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING WEST OF, AND ALSO BEING SUBJECT TO, THAT CERTAIN PROPERTY DESCRIBED IN THE GRANT OF WALL AND LANDSCAPING EASEMENT RECORDED IN THE PUBLIC RECORDS QF COLLIER COUNTY, FLORIDA, IN OFFICIAL RECORDS BOOK 1184, PAGES 2279 THROUGH 2284: WYNDEMERE TRACT MAP PARCEL "C" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 13, PAGES 3 THROUGH 7, AND LOT 96, THE LODGINGS OF WYNDEMERE, SECTION ONE, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT'BOOK 13, PAGE 8, LESS THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE SOUTHWEST CORNER OF LOT 96; THENCE ALONG THE WEST LINE OF SAID LOT 96, NORTH 00°38'02'' EAST A DISTANCE OF 74.97 FEET; THENCE LEAVING SAID LINE, NORTH 59°42'01" EAST A DISTANCE OF 138.58 FEET TO A POINT QN A CURVE AND THE EAST LINE OF SAID LOT 96; THENCE ALONG SAID EAST LINE 50.00 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE cONCAVE TO THE NORTHEAST, HAVING A RDIUS OF 625.00 FEE" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 32035'29'' L:AST 49.99 FEET TO THE SOUTHEAST CORNER OF SAID LOT 96; THENCE ALONG THE SOUTH LINE OF SAID LOT 96, SOUTH 55°07'00'' WEST A DISTANCE OF 179.70 FEET TO THE SOUTHWEST CORNER OF SAID LOT 96 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. PROJECT: Livingston Road PARCEL NO: 765 & 766 Pre.red byt Ellen T. Chadwell. Office of the County AttOrneY 3301 East Tami~mi Trail Naples, Florida 34112 (941) 774-8~ 2893228 OR: 2933 PG: 2324 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/30/2001 at Ol:36PM DWIGHT B, BROCK, CLERK RBC ~B~ 28,50 COPIES 6, O0 Retn: R)AL PROPERTY INTER OFFICE This prope~ has been acquired under thre.~t of con,,:',,.rn,~tion, .,~, .. and is exempt fi'om TEMPORARY DRIVEWAY RESTORATION EASEMENT THIS EASEMENT granted this //J'~ day of //'~ ,2001, by WYNDEMERE HOMEOWNERS ASSOCIATION, INC., a Florida non-profit corporation, whose mailing address is 98 Wyndemere Way, Naples, FL 34105, as Grantor, to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WlTNESSETH That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary Driveway Restoration Easement to enter upon the lands described as follows (the "Easement Area"): See attached Exhibit "A-I" and Exhibit "A-2", which is incorporated herein by reference. The Easement Area, which is adjacent to the permanent road right-of-way conveyed by the Grantor to the Grantee, shall be used by Grantee for the purpose of filling, grading and placing concrete, asphalt or rock, on the Grantor's lands for the purpose(s) of constructing, with materials of like kind, a driveway/turnout and/or to provide for continuous transition between the existing driveway and the newly constructed road, utility, and drainage improvements on Livingston Road. This Temporary Driveway Restoration Easement shall expire upon completion of construction or October 31, 2003, whichever occurs first. Grantee shall use its best efforts to restore the existing landscaping, plantings and light fixtures within the Easement Area to its original condition. Grantor and Grantee are used for singular or plural, as the context requires. THIS IS NOT HOMESTEAD PROPERTY IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: Wit~(~s~ ('S~r'~tu re) Name:/'~,4/'r./, ~ WitneSs (Signature) Name:~/y~../¢,~ /~, (Print) WYNDEMERE HOMEOWNERS ASSOCIATION, INC., a Florida non- profit corporation /P~side nt/Vic~e-P res~e n~.~ CONVEYANCE APPROVED BY THE L'~.OARL~ OF COUNTY OOMMI~IONER~ ..... I~R COUN~ FLORIDA. ~"'JRSUANT TO THE OR: 2933 PG: 2325 STATE OF COUNTY OF ~,,~,~~ The foregoin.g,g~emporary Driveway Restoration Easement was acknowledged ~b~efor~ m~ th_~is ~._.day of ,,~/~,-~-,.z..4~ ,2001 by o¢,~¢_.~u~U~,~; tH. (name), President/Vice President, on behalf of WYNDEMERE'1LIoI~I~OWNERS ASSOCIATION, INC., a Florida non-profit corporation, who is personally known to me or who has produced as identification. WITNESS my hand and official seal this /'¢~d ay of .,~-'~~ ,2001. (Affix notarial seal) DOROTHY L. POHRER NOTARY PUBLIC - STATE OF FLORIOA COMMISSION # CC939210 EXPIRES 6/11/2004 SONDED THRU ASA 1-888-NOTARY1 ~ /--- /--¢~/-,¢//-- (Print Name o_f ~Notary) Commission # ¢~ ~'.~ ~',~_/,~ My Commission Expires: ~////d~ SEC TION 19, · OR: 2933 PG: 2326 PROJECT: NO. 500 1 PROJECT PARCEL NO: TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA .SKETCH OF TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF'2 FOR' DES~RIt~fl~)N OF TEMPORARY DRIVEWAY RESTORATION EASEMENT) ' /O(N 170' F.P.&L. EASEMENT __~ (O,R. 640, PG. 2,]2) -I I 105' EXISTING R.O.W. ' UVINGSTON ROAD I COUNTY ROADWAY EASEMENT I p.o,c. /" I ~sr ~'AR~.R CORNER o..~. IZ+l ,o.aw- I I I I I _J SCALE: BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM,' illli[..... ' · ~i1~, tll~, ~ !.~ ~l~u DRA OR: 2933 ?G: 2327 SEC TION 19, TOWNSHIP COLLIER PROJECT: NO. 600~J PROJECT PARCEL NO: ~ TAX PARCEL NO.~ 4-9 SOUTH, RANGE 26 EAST COUNTY, FLORIDA DESCRIPTION OF TEMPORARY DRIVEWAY RE, STORA TION A TEMPORARY DRIVEWAY RESTORATION EASEMENT OVER ANO ACROSS ALL THAT PART OF PARCEL "C". WYNDEMERE TRACT MAP, ACCORDING T'O THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 3 THROUGH 7, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 19, TOWNSHIP 49 SOUTH, RANGE 25 EAST. COLLIER COUNTY FLORIDA; THENCE SOUTH 00'09'38" EAST ALONG THE W~ST LINE OF SAID SECTION 19, A DISTANCE OF 584.41 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH 00'09'3B" EAST ALONG SAID WEST LINE OF SAIO SECTION 19 A OISTANCE OF I63.00 FEET; THENCE LEAVING SAID WEST LINE OF SAID SECTION 19 NORTH 89'50'22" EAST 67.50 FEET; THENCE NORTH 00'09'38" WEST 163.00 FEET; THENCE SOUTH 89'50'22" WEST 67.50 FEET TO TIlE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 11,003 SQUARE FEET OF LAND MORE OR LESS. EASEMEN I · ... .:..:::. ammmm - SCALE' " ~'~. '.-. ~."......' .'- · """[~.~.-. _~ ,:~,. · ....... ..,':... Professlonsl ,ailn,,~. ~lanaer~ ~ I,nd .u~*1or, - D~AWN BT: "."'.'D TE'-'-NOV.-' · 1999 ' ~ '' _ SECTION 19, TOWNSHIP #9 SOUTH, OR: 2933 PG: 2328 PROJECT: NO. 6007j , PROJECT PARCEL NO: 7~,~ TAX PARCEL NO.~ RANGE 26 EAST SKETCH OF (SEE SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARy-ORi~iEWAY RESTORATION COLLIER COUNTY, .FLORIDA TEMPORARY ,DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY.) EASEMENT) 0 0 170' F,P.~,L. EASEMENT __~ (O.R. 840, PG. 232) 105' EXISI1NG R.O,W. LIWNGSTON ROAO COUNTY ROADW~A Y EASEMENT P.O.B. ~IOR'~W~Sr COmbER PARCEL "BB" / _+ 4_~._~ L_./ 0.00 I05' EXISTING R.O.W. LIWNGSTON ROAD COUNTY ROADW~o~ I.... c~ mm, O O DRAWN/~: JAN ii_'" .DATE: NOV;"i2, 109~ CHECF/~ BY:_.~. PROJECT'NO.: 784! FILE ~(O:. 7274 ACAD NO: 7274-,:31- BEARINGS ARE BASED ON 17-1E. FLORIDA 5TATE PLAN COORDINATE SYSIfM, EA~,T ZON~ .". PREPARED BY: /~F !ili1~..o~, .~,~.,o.. ' ~_SHEET 2 · .. IIIlIIK III I · ..l~u~,~... scsi[: ~/= 60' '~:( '., ".' ' Professional snllnsu~, pIn~.~, & land su~eyo~ *** OR': 2933 PG: 2329 *** PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA .D. ESCRIPTION OF TEMPORARY DRIVEWA Y, RESTORATION A TEMPORARY DRIVEWAY RESTORATION EASEMENT OVER AND ACROSS ALL IHAT PART OF PARCEL "BB", REPLAT OF PART OF WY1VOEMERE TRACT MAP, ACCORDING TO THE PLAT THEREOF*, AS RECORDED IN PLAT BOOK 13, PAGES $9 THROUGH 43, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;. BEGINNING AT THE NORTHWEST CORNER* OF SAID PARCEL "BB"' THENCE NORTH 89'35'49° EAST ALONG THE NORTH LINE OF SAID PARCEL "BBt A DISTANCE OF 48.50 FEE~ THENCE LEAVING SAID NORTH LINE OF ;SAID PARCEL "BB" 50UTH 00'13'36" EAST 51.20 FEET; THENCE SOUTH 89'46'24" WEST 48.50 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID PARCEL "BB"' THENCE NORTH 00'13'36" WEST ,~LONG ,THE WEST LINE OF SAID PARCEL "BB" A DISTANCE OF 51.05 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 2480 SQUARE. FEET OF LAND MORE OR LESS· EA. SEMEN ~ BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST PREPARED BY: ~H'E£ I.,,I~:,,~, · ~/~/o~ ~~//!~~ _: ...?- lllllJ~u.o,o~ SCALE: c. . ' ~ ........ m'~ ~ ""~ ,-,r-om ECK .... ~ PROJECT NO ' 764 Retn: REAL PROPERTY EXT 8991 INTER OFFICE PROJECT: Livingston Road P~epa~ed by~ Ellen T. Chadwell, Esqe(~e Office of the County Attorney 3301 East Tamiamt Trail Naples, Florida 3411Z (941) 774-8400 2893230 OR: 2933 PG: 2336 RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 11/30/2001 at 01:36PM DWIGHT E. BROCK, C5~RK REC ~EE 235.50 COPIES 52.00 ~l~i$ properby has been acquired under threat of condemnation and is exsmpt from EASEMENT THIS EASEMENT, made and entered into this //~ day of 2001, by WYNDEMERE HOMEOWNERS ASSOCIATION, INC.,~a Florida non-profit corporation, whose mailing address is 98 Wyndemere Way, Naples, FL 34105, as Grantor to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WlTNESSETH: 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 for purposes of construction and maintenance of a Wall, fill slope, sidewalk and landscaping, on the following described lands located in Collier County, Florida, to wit: See attached Exhibits "A", "B", and "C" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, place, excavate, and take materials for the purpose of constructing, and maintaining the wall, slope, sidewalk and landscaping facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. THE TERMS AND CONDITIONS of the Easement Agreement, attached hereto as Exhibit "D", are expressly agreed to by the parties and incorporated herein and made a part of hereof. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year,f~stj~ove written. Witn~ss-(S(~r~ure) (_,/ ~ (Print) ~Vit~-~ss (Signature) '~Print) Appro~ as to form ~,71~al sufftctenc) Assistant County Attorne~v Ellen T. Chadwell WYNDEMERE HOMEOWNERS ASSOCIATION, INC., a Florida non- profit corporation 'President/V~en~ THIS CONVEYANCE APPROVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT TO THE PROVISION8 OF RESOLUTION NO. _o~ ooO- ,.¢,4 ~ OR: 2933 PG: 2337 STATE OF ~ COUNTY OF ~ Th~e,//_for.egoi~g. E~asement was acknowledaed befc~re me this //J/~ day of /'/~ , 2001 by ~'g/~'-/,,'~//~,,~.(name), PresidentNice President, on behalf of WYNDEMERE HOMEOWNERS A§SOCIATION, INC., a Florida non-profit corporation, who is personally known to me or who has produced as identification. WITNESS my hand and official seal this//~day of////,~Y~.4./ ,2001. (Affix notarial seal) DOROTHY L. POHRER NOTARY PUI~LIC - STATE OF FLORIDA COMMISSION # CC939210 EXPIRES 6/11/20O4 BONDED THRU ASA 1-888-NOTARY1 _J'Signat.ure ~'f No.~r~) (Print N~.me of_ ~otary)_ Commission # ~-/-~'3¢,2-/~ My Commission Expires: ~////~//--/ EXHIBIT "/:{" ._Of OR: 2933 PG: 2338 LEGAL DESCRIPTION OF PERPETUAL NON-EXCLUSIVE EASEMENT FOR CONSTRUCTION AI~ID MAINTENANCE OF NOISE ATTENUATION AND PRIVACY WALl., FILL SLOPE, SIDEWALK, AND LANDSCAPING GIVEN BY THE WYNDEMERE HOMEOWNER'S ASSOCIATION TO COLLIER COUNTY, FLORIDA THE WEST THIRTY (30) FEET OF PARCEL "C" WYNDEMERE TRACT MAP, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 13, PAGE 3, ET SEQ., AND THE WEST THIRTY (30) FEET OF PARCEL "BB" REPLAT OF A PORTION OF. WYNDEMERE TRACT MAP, ACCOORDING TO THE PLAT THEREOF, RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 13, PAGES 39 THROUGH 43, ET SEQ., AND THE WEST THIRTY (30) FEET OF PARCEL "CC" REPLAT OF A PORTION OF WYNDEMERE TRACT MAP, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 13, PAGES 39 THROUGH 43, ET SEQ., AND THE WEST THIRTY (30) FEET OF LOT 96, THE LiODGINGS OF WYNDEMERE, SECTION ONE, ACCOORDING TO THE PLAT THEREOF, RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 13, PAGE 8, LESS AND EXCEPT THAT PORTION OF LOT 96 · CONVEYED BY WARRANTY DEED RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN OR BOOK 1147, PAGE 801. Perpetual, Non-Exclusive Noise Attenuation and Privacy Wall, Fill SIDleS, Sidewalk, Landscaping and Maintenance Easement EXHIBIT_i SECTION COLLIER COUNTY, _~SKETCH OF EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF 2 FOR DESCR/r'TION 19, TOWNSHIP #9 SOUTH, RANGE FLORIDA PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. 26 EAST ___~ ¢o.~. ~o, Pc. ~2) tOE EXISTING R,O.W. UVINGSTON ROAD COUNTY ROADWAY (O.R. ~0~, PO. BEARINGS ARE ~ASEO PREPARED BY: nllnlJ~ IIll~ou Prof...tonai ,nlln..r,' ~hnn,r., ~ land .ur~yo~ ~e~lr ea~ ~1~ IOO, TlOI ~1 ~ ~o~l ~lpl., ~ ~lge (141]11~-8111 l ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST Z ~ ,~ SHEET/~'~F 2 . . /~- //~ CHEC~ BY:~ PROJECT NO.:_ FI~:_ 7274 ACAO NO: 7274-~9 EXHIBIT ,,~ ~' SEC TION 19, PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. .TOWNSHIP 49 sOUTH, RANGE 26 EAST COLLIER COUNTY, ~-LORIDA DE__SCRIP TION OF EASEMENT,_ AN EASEMENT OVER. UNDER AND ACROSS ALI_ THAT PART OF PARCEL "C'; WYNDEMERE TRACT MAP, ACCORDING TO THE PI_AT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES J THROUGH 7, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SE~"~ON 19. TOWNSHIP 49 SOUTH, RANOE 25 EAST, COLLIER COUNTY FLORIDA; THENCE SOUTH 00'09'$8" EAST ALONG THE WEST LINE OF SAID SECTION 19, A DISTANCE OF 526.40 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED: .. THENCE CONTINUE SOUTH 00'09'38" EAST ALOR~', SAID WEST LINE OF SAID SECTION 19 A DISTANCE OF 279.07 FEET; THENCE LEAVING SAID WEST LINE OF SAID SECTIO_/~ 19 NOR~I 89'50'22" EAST 16.88 FE~T; - THENCE NORTH 40'$5'01" EAST 94.96 FEET; THENCE NORTH 00'0g'$8" WEST 135.70 FEE'I} THENCE NORTH 41'19'4~9" WEST 94.88 FEET; THENCE SOUTH 89'50'22" WEST 16.56 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 17,569 SQUARE FEET OF LAND ~fORE OR LESS: SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. P~EPARED BY: ~E~S,~N SHEET~F'2 Prof.~lbnal enilnee~, planaerl. & land ~u~lo~ -- DRA~ : JAN DATE:~ Perpetual, Non-Exclusive Noise Attenuation and Privacy Wall, Fill SlolSe, Sidewalk, Landscaping and Maintenance Easement EXHIBrr., "c' ~ege/.__J_._of. PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. SECT/ON 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKE~T___CH 0£ EASEMENT ,(NOT_AA SURVE_Y)_ (SEE SHEET 2 OF 2 FOR DESCRIPTION OF,. EASEM£NT) o o ~zo' r.P.&L EASemeNT _(O.R. e,~O. PO. ~,32) o I05' EXISTING R.O,W." LIVINGSTON ROAD COUNTY ROADWAY EASEMENT +g2.56 NORTHWEST CORNER PARCEL "BB" 105' EXISTING R.O,W. LIVINGSTON ROAD COUNTY ROAD WA Y EASEMENT // ~ ~ '~ .-.' .... ' B£ARINGS AR[ BAS[O O~ ~[ FLORlOA STAT~ ~[A~ CO0~O/~AT[ SYSCO, [AST ZON~ PREPARED BY: SHEET 1 2 -- ..... -- llllj~ " . 3/27/01 BY: /~ / / //'~ jllij~~ ~ :' -- W~'~GNOLI,~.S.M. NO. 5335 ~lllll~u~,.,, - -- SCAL~/I~g' r~ole.lio~i ~ll~, ~l~a~l, ~ laa~ ~ur~1o~l - ~ DRA~B .: JAN DATE: ..... ~. ht~ ~ot: ?, ~..~ ~..~ ~fl ~. ~ m.t ,~, CHECKE~~ PROJF~T Nn · '""" '=~,,,~-,-.,,. , ~L~ N~~ *CAD NO. EXHIEIIT Pat~e ~.__~_._of ~._.E_.._ SECTION 19, PROJECT: NO. ~ PROJECT PARCEL NO: TAX PARCEL NO. - TOWNSHIP 49 SOUTH, RANTS 26 EAST COLLIER COUNTY, f--L ORIDA DESCRIP T/ON . OF EASE____~MEN T AN EASEMENT OVER AND ACROSS ALL THAT PART OF PARCEL "BB';~ REPLAT OF PART OF WYNDEMERE TRACT MAP, ACCORDING TO THE PLAT THEREC :', AS RECORDED IN PLAT BOOK I$, PAGES 39 THROUGH 43, PUBLIC RECO. !DS OF COLLIER COUNTY, FLORIDA, BEING MORE PARFICULARLY DESCRIBED A FOL L 0 BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "BB"; THEIICE NORTH 89'35'4g" EAST ALONG THE NORTH LINE OF SAID PARCEL "Bt]" A DF;TANCE OF 108.61 FEET; THENCE LEAVING SAID NORTH LINE OF SAIO PARCEL I'BB" SOUTH 00724'11" EAST 54.05 FEET THENCE SOUTH 4~'50'46" WEST 137.21 FEET,, '' THENCE SOUTH $9'46'24" WEST 16.83 FEET TO AN IN'IERSEC~ON WITtt THE WEST LINE OF SAID PARCEL THENCE NORTH 00'13'$6" WEST ALONG THE WES~ 'lINE OF SAID PARCEL "BB" A DISTANCE OF ~55.57 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 12,254 ~I~UARE FEET DF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORCi. BEARINGS ARE BASED ON THE FLOR/DA STATE PLAN CO0~OINATE SYSTEM, EAST ZONE /90. A~OLI, R.S.~. N(. II~ ' -- ~~ . .". o Professional engineer, plann.r~ & }~nd ~e o~ e.~.'..~ .,-~;~;.~0 "~ ~"~_ ~,-: ~ ,~,o~ ,. ;;;-;;;; ~: ~K BY:_~ PROJECT NO.' - - -. L,L,-.. .... ~E~:~ .- - ~ PILE ~~ ACAD NO: 727~-50 PROJECT: Livingston Road PARCEL NO: 165 / 765 & 166 / 766 OR: 2933 ?G: 2343 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this /'¢~ day ~/~',,.~/~ , 2001, by and between WYNDEMERE HOMEOWNERS ASSOCIATION, INC., a Florida non-profit corporation, (hereinafter referred to as "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "County"); WHEREAS, Owner desires County to construct a fill slope and a noise attenuation wall (hereinafter collectively referred to as the "Wall") in accordance with the plans and specifications as described on Exhibit "A" attached hereto and made a part hereof; and WHEREAS, County requires a perpetual, non-exclusive easement for the construction of the Wall and a fill slope, sidewalk, landscaping and maintenance easement, over, under, upon and across the lands described in Exhibit "B" (said easement hereinafter referred to as the "Wall Easement"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires County to construct one right turn lane serving the main entrance into the Wyndemere community, and one right turn lane serving the golf course and property maintenance access road located along the northern boundary of the Wyndemere community; and WHEREAS, County requires two (2) perpetual, non-exclusive easements for road right-of-way, drainage and utility facilities over, under, upon and across the lands described in Exhibits "C-1" and "C-2" (said easements, Parcels 165 and 166, hereinafter collectively referred to as the "Turn Lane Easements"), which are attached hereto and made a part of this Agreement; and WHEREAS, Owner desires that County enter upon those lands described in Exhibits "D-I" and "D-2" (Temporary Driveway Restoration Easement Parcels 765 and 766), attached hereto and made a part hereof, for the purpose of tying and harmonizing the existing entrance driveways with six-lane Livingston Road WHEREAS, Owner desires that County remove that portion of the existing decorative wall which is located north of the existing decorative wall section which runs parallel to the south boundary line of the plat of The Lodgings of Wyndemere, Section One, as recorded in Plat Book 13, Pages 8 through 12, of the public records of Collier County, Florida, to convey to County those certain Temporary Wall Demolition Easements described in Exhibit "F"; and WHEREAS, Owner desires County to preserve and protect the existing paved cart path located within that certain legally described easement recorded in OR Book 1362, Pages 1532 through 1537, of the public records of Collier County, Florida, and Owner desires that County reconstruct said cart path, to the same specifications and at the same width as the existing cart path, at the base of the fill slope where the two facilities conflict; and WHEREAS, County has offered to preserve and protect the existing trees located on the fill slope east of the proposed Wall between Stations 194+00 and 221+50, per the construction plans prepared by the engineering firm of Agnoli, Barber and Brundage, Inc., for the six-lane construction of Livingston Road between Golden Gate Parkway and Pine Ridge Road; and Wyndemere HOA Easement Agreement EXHIBIT Page cZ of .¢5- Page 2 OR: 2933 PG: 2344 WHEREAS, County requires the subordination of Owner's easement interest arising from the Cross-Easements Over Preserve Path Agreement in the West 30 feet of Parcel "GG-3" commencing at line "X" (as described in OR Book 916, Page 1123) and running to the south property line of Parcel "BB"; and WHEREAS, Owner desires to convey the Temporary Driveway Restoration Easements, Temporary Wall Demolition Easements, Wall Easements and the Turn Lane Easements, as described in Exhibits "B", "C-1 .... C-2", "D-I" "D-2" and "F", respectively (hereinafter referred to as the "Property") to County for the stated purposes, on the terms and conditions set forth herein; and 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: Owner shall convey both the Wall Easement and the Turn Lane Easements to County without monetary consideration in exchange for the construction of the Wall and the above-referenced turn lanes. Owner shall convey the above-referenced Temporary Driveway Restoration Easements in order to allow County to tie and harmonize the existing entrance driveways with the six-lane section of Livingston Road. o Owner shall execute the easement conveyance instruments within sixty (60) days from the date County executes this Agreement; 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, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. County shall construct the Wall in accordance with the plans and specifications as described on Exhibit "A." Owner expressly waives any submittal to or approval by its Architectural Review Committee, as well as the Architectural Review Committee of any Section Declaration. Owner agrees to subordinate all interest arising out of that certain Cross- Easement Over Preserve Path Agreement, (recorded at OR Book 1362, Page 1532, et seq.) to the easement interest acquired by the County in Parcel "GG-3" and hereby consents to the granting of the County's easement by Wyndemere Country Club, Inc. o Owner shall grant a Temporary Wall Demolition Easement to County for the demolition and removal of a existing decorative wall located north of the existing decorative wall section which runs parallel to the south boundary line of the plat of The Lodgings of Wyndemere, Section One, as recorded in Plat Book 13, Pages 8 through 12, of the Public Records of Collier County, Florida, and hereby permanently transfers, assigns and grants all rights, interest, and title in that portion of the wall and all materials comprising said wall, as described in this paragraph, to the County. Owner acknowledges that County is relying on certain representations made by Owner that owners of Lots 93, 94 and 95 / 96, The Lodgings of Wyndemere, Section One, have agreed to donate the easement interest needed by County for demolition of the existing wall and construction and maintenance of a new wall, fill slope, sidewalk and landscaping. But for this representation, the County would not have entered into this Agreement with the Owner. Owner shall assist the County in obtaining the necessary easements from these individual property owners to the extent deemed necessary by the County. Easement Agreement EXHIBIT_" "' Page 3 OR: 2933 ?G: 23 ,5 o o 10. 11. 12. 13. 14. County shall construct protective "wells" around those trees located on the eastern face of the Wall's side slopes, if required due to an increase in the elevation of the finished grade at the base of said trees. When the construction of tree wells is required by this provision, it shall be restricted to only those trees located between five (5') feet and thirteen (13') feet east of the wall as indicated on Exhibit Owner hereby authorizes County to remove and replace as may be necessary according to County's discretion, the existing chain link fencing located along the western boundary of Owner's property. The County agrees that any materials or equipment furnished for the construction of the wall shall be of good quality, free from all defects and in conformance with the construction industry standards and practices, and that all materials and equipment furnished in connection with the construction of the wall shall be applied, installed, connected, erected, used, cleaned and condition in accordance with the instructions of the applicable manufacturers, fabricators, suppliers, or processors in accordance with the specifications set forth on sheet No. 82 of the Livingston Road construction plans ("Precast Sound Barrier Wall Details") except as otherwise provided for in this Agreement. If within two (2) years after substantial completion, any Work is found to be defective or not in conformance with industry standards and practices, the County shall correct it or bring such work into conformance, after receipt of written notice from Owner, at County's own cost. County shall also be responsible for and pay for replacement or repair of adjacent materials which may be damaged as a result of such replacement or repair. After the completion of the initial construction of the wall, the Owner shall be responsible for the routine maintenance of the wall, including, but not limited to, cleaning, minor repair, and painting and maintenance of all landscaping adjacent to the wall. Owner shall be responsible to repair or replace the wall when it is damaged or destroyed except when damage is the result of defective materials or workmanship under circumstances described in Paragraph 10 above and after Owner has provided written notice of the alleged defect. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the 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, Owner is aware and understands that the "offer" to perform represented by this Agreement is subject to approval by the Board of County Commissioners of Collier County, Florida. Owner represents the following to the best of its knowledge that the Wall Easement and Turn Lane Easements and all uses of same 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 said Easements except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of said Easements to be dedicated to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on said Easements, b) any existing or threatened environmental lien against said Easements or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on said Easements. This provision shall survive the term of this Agreement and is not deemed satisfied by conveyance of title. Easement Agreement EXHIBIT Page 4 OR: 2933 ?G: 23 ,6 15. 16. 17. 18. 19. Owner shall indemnify, defend, save and hold harmless the County against and from, and to 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 Owner's representation under Section 14. This provision shall survive the term of this Agreement and is not deemed satisfied by conveyance of title. County covenants with the Owner that in demolition of the existing wall and construction and maintenance of the new wall, fill slope, sidewalk and landscaping, County shall comply with all Federal, State and Local environmental laws, and that County shall not generate, store, treat or transfer any hazardous substances on the Wall Easement and Turn Lane Easements. County shall be responsible for any costs for remediation and removal, finds or other damages resulting from a breach by the County of the foregoing covenant. County shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. The parties are exempt from the payment of documentary stamp taxes on the Wall Easement and Turn Lane Easements, and therefore, no documentary stamp taxes shall be paid by either party. 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. For the purposes of permitting any ground, gate or wall signage for the Wyndemere community's entrance on future Livingston Road, a sign erected within an easement granted to the Wyndemere Homeowners Association for that purpose and within the Wyndemere PUD boundaries, which sign otherwise complies with the Collier County Sign Code, will be considered an "on-premises" sign under s. 2.5.5.1.6 of the Land Development Code. This shall include any ground, gate or wall sign located within a County easement area as long as the proposed signage otherwise complies with the Collier County Sign Code and the construction, operation and maintenance of said signage will not interfere with or disrupt the County's use and maintenance of its easements. Wyndemere agrees to notify the County thirty (30) days in advance in the event it seeks to erect an entrance sign within the County's easement areas. Nothing contained herein shall be construed as permitting more than two signs at the Wyndemere entrance as provided in s. 2.5.5.1.6, L.D.C. 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 this !~r day of '~-,o.~,~.:¥~z~. ,2001. Date Property acquisition approved by BCC: November 28, 2000; Res. # 2000-447 Easement Agreement AS TO COUNTY: DATED: )////'~. ]1 EXFIIBIT_,, i::)'t Page 5 OR: 2933 ?G: 23~,? ATTEST: DWIGHT El BROCK, Clerk ~: ::'.',~.'!: i~) ;~:oputy Clerk AS TO OWNER: DATED: itnesg~ignatu~) Name: J~ .4- ~'~ ~//~_ '(Print of Type) ~itm~Js 6Signature) '"'-" N a m e: _/'///'~¥/x./, ,,~ ~./'~/¥~__ (Priht or Type) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:jAM ~~ ES '1~. CARTER, PH.D., Chairman WYNDEMERE HOMEOWNERS ASSOCIATION, a Florida non-profit corporation /Pres-i~i~'n~/Vi~e Presl~nt (..,~ Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney OR: 2933 PG: 2348 STA. 193~00 M.,I TCtl [ZNt~ ,~I'A 199t00 OR' fi`lA TCII LINE 2933 PG: 2349 II ff EXHIBIT_~.~ Page....~.,_of_ .$TA. 199100 MA TCtl LINE STA . 205 t O0 OR' A!A ~ 'CI! LINE 2933 PG: ~ 2350 STA, 203.'00 MA ICH I. INE S ?~ 211 ~ O0 EXHIBIT_ "b" Page_ 9 _of~ OR: 2933 PG: 2351 EXHIBIT MA TCII LINE STA. 211tO0 MA TCII LINE S?',,%. 217 ~ O0 OR' -.~/A TCTI LINE 2933 PG: 2352 E "/'~ XHIBIT~ P~ ~" of STA. 217~00 AIA TCI~I LINE STA. 223/~0 EXHIBIT OR: 2933 ?G: 2353 EXHIBIT MA 7'£1t LEVE S7~.225~00 MA TCII LINE STA 229~ O0 EXHIBIT "~" Page~ OR: 2933 PG: 2354 EXHIBIT MA TCll LINE ST, t. 229~00 __MATCII I. INE ST'A. 235 ~Od OR: 2933 PG: 2355. OR: 2933 PG: 2356 EXHIBIT ~" EXHIBITi_ ~_ h_''- Page: OR: 2933 PG: 2357 EXHIBIT '~ EXHIBIT "~" pe~e ~__d~of -~,~,, OR: 2933 PG: 2358 EXHIBIT_'~" OR: 2933 PG: 2359 ~ EXHIBIT '~f" ~ ..--/~--._.of~ EXHIBIT "b" OR: 2933 PG: 2360 EXHIBIT :~ '~ EXHIBIT "~" OR: 2933 PG: 2361 EXHi~IT_~_L Page_._/.y_of :_.Z~_ OR: 2933 PG: 2362 EXHII~IT ~ EXHIBIT _"~" Page ~4.of ~ OR: 2933 PG: 2363 EXHIBIT '~" EXHIBIT_" ~ '_' OR: 2933 PG: 2364 EXHIBIT_ '~" EXHIBIT "b" OR: 2933 PG: 2365 EXHIBIT~ LEGAL DESCRIPTION OF PERPETUA{_ NON-EXCLUSIVE EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF NOISE ATTENUATION AND PRIVACY WALL, FILL SLOPE, SIDEWALK, AND Li~NDSCAPING GIVEN BY THE VVYNDEMERE HOMEOWNER'S ASSOCIATION TO COLLIER COUNTY, FLORIDA OR: 2933 PG' 2366 THE WEST THIRTY (30) FEET OF pARcEL "C" WYNDEMERE TRACT MAP, ACCORDING TO THE'PLAT THEREOF, RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 13, PAGE 3, ET SEQ., AND THE WEST THIRTY (30) FEE]' OF PARCEL "BB" REPLAT OF A PORTION OF WYNDEMERE TRACT MAP, ~CCOORDING TO THE PLAT THEREOF, RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 13, PAGES 39 TI!~ROUGH 43, ET SEQ., AND THE WEST THIRTY (30) FEEl" OF PARCEL "CC" REPEAT OF A PORTION OF WYNDEMERE TRACT MAP, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE PUBLIC I~ECORDS OF COLglER COUNTY, FLORIDA, IN PLAT BOOK 13, PAGES 39 T.I~IROUGH 43, ET SEQ., AND THE WEST THIRTY (30) FEE~ OF LOT 96, THE L~)DGINGS OF WYNDEMERE, SECTION ONE, ACCOORDING TO THE PLAT THEREOF, RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 13, PAGE 8, LESS AND EXCEPT THAT PORTION OF LOT 96 CONVEYED BY WARRANTY DEED RECORDED tN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN OR BOOK 11147, PAGE 801. Perpetual, Non-Exclusive Noise Attenuation and Privacy Wall, Fill Slope,' Sidewalk, Landscaping and Maintenance Easement 2367 EXHIBIT '"'~-- SECTION 19, TOWNSHIP 49 SOUTH, COLLIER COUNTY, S.KE_ TcH, or ~_~ VEYJ_ SHEET 2 OF 2 FOR DESCRIPTION OF., EASEMENT) PROJECT,, NO. PROJECT PARC~O: TAX PARCEL NO. RANCE 26 EAST FLORIDA 8qEZ_t ~7o' f'.e.,~L E,~SEIa£NT __~ (o./~. 6,~o, PO. o 0 BEARINGS ARE PEEPAEED BY: I I +92,56 ! -o-.o~-~ ~ NORT~WEST CORNER PARCEL "BB" +, - ON THE FL{ORIDA STATE BASED '""" ' t N 8g'35'4g" E 60' PLAN COORDINATE SYSTEM, EAST ZONE S H £ £ T 1.A)'F 2 , DRAI,~' I~;/JAN _ DATE: CHECKE~I'/~y:_ WD~ PROJ~T ~0.: FI~~ ACAD NO:_7274_SQ_ t EXHIBff EXHIBIT Page -_¢.._of ~ SEC TION 19, PROJECT: NO. 6Q071 PROJECT PARCEL ~6: __ - TAX PARCEL NO. TOWNSHIP 49 SO~TH, RANCE 2.6 EAsT COLLIER COUNTY, ,'FLORIDA ___DESCRIP T/ON AN EASEMENT OVER AND ACROSS ALL THAT PART OF PARCEL "BB'i' REPLAT OF PART OF WYNDEMERE TRACT MAP, ACCORDING TO THE PLAT THEREi)F, AS RECORDED IN PLAT BOOK 13, PAGES 39 THROUGH 43, P. UBLIC REC6RD$ OF COLLIER COUNTY, FLORIDA, BEING MORE PAR1]CULARLY DESCRIBED ,~S FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF 5;AID PARCEL ~DB"; THENCE NORTH 89'35'49" EAST ALONG THE NORTH LINE OF SAID PARCEL "DB' A DISTANCE OF 108.61 FEET,' THENCE LEAVING SAID NORTH LINE OF '.":AID PARCEL ;'DB" SOUTH 00'24'11" EAST ~4.0~ FEET,' THENCE SOUTH 41'50'48" WEST 157.21 ~'EEF; THENCE SOUTH a~'4~'24" WEST 16. aJ.FEET ro AN ~NTERSEO~ION ~TH THE WEST LINE OF SA~D PARCEL THENCE NORTH 00'13'36" WEST ALONG ~HE ~S~ ~INE OF SAID PARCEL "DB" A DISTANCE OF 155.57 FEET TO THE P~INT OF BEGINNING OF ~E EASEMENT HEREIN DESCRIBED; CONTAINING 12,254 5~ARE FEET OF L~.ND MORE OR LESS; SUBJECT TO EASEMENT5 AND RES~ICT~NS OF RECO~. OR: 2933 PG: 2368' BEARINGS ARE BASED ON TIlE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZONE ~90, ~ ....... ~i- SHEE lail~l~, ~i~.l~l, i I~ i~i~~ .... DRA~ ~ DATE - ..... ?~.--.m .~ rILE '~ ~ ACAD NO: ~ Perpetual, Non-Exclusive Noise Attenuation and Privacy Wall, Fill 81ol~e, Sidewalk, Landscaping and Maintenance Easement SECTION 19, · EXHIBI'r.a~ Page ~of_..42.. ~:J~llO~.,i...~ 7 0~~ PROJECT: NO. PROJECT PARC~'L NO: TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA OR: 2933 PG: 2369 ~F EASEMENT N~ A S__URV_CEY)_ (SEE SHEET 2 OF 2 FOR DESCRIPTION Of, EASE~£NT) ,//~'~' WEST ~UARTER CORNER ~ ~ ~ OF SECTION 19 "~'~" I ~~ ~ / ~ ~ ' 3 ~ ~ ~ / 4 . 170 F.P.&L, EA~EMENT~ [ (O.R. 80,% P~. 1a43)1 ~: ~ ~.A~ ~ ~,..~ ~v l'~ , i~ t~' ~ ~ , ~ I ,B ~ / J [ ii , I..~I ~ BEARINGS ARE BASED ON ~E FLORIDA STATE PLAN COORDINATE SYSTEM, E ' PREPARED BY: ~ EAST ZON~ ~-- ' ~ ~ ~ Z SHEET ~OF 2 ~ I~ou :-, : /~ - - -_ ' T- SCALE:~ ~ , EXHIBIT Page ~, EXHIBIT ' Page_...:-jL..of_: ~_~-- _ SEC TION 19, PROJECT: NO. PROJECT PARCE--'~No; TAX PARCEL NO. TOWNSHIP 49 SOOTH,. RANGE 26 EAST COLLIER COUNTY, ;FLORIDA ., DES.C. RIP TI,ON OF EASt_~ '; AN EASEMENT OVER, UNDER AND ACR£SS ALL THAT PART OF PARClEL "C"~ WYNDEMERE TRACT MAP, ACCORDING TO THE PLAT THEREOF, AS RE'..:ORDED IN PLAT BOOK 13, PAGES 3 THROUGH 7, =UBLIC RECORDS OF COLLIER COUNTY, F~.ORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF 5ECTI~ON 19, TO~;SHIP 49 SOUTH, RANGER 25 EAST, COLLIER COUI,'Ty FLORIDA; THENCE 50UTH: 00'09'38" EAST ALONG THE WEST LINE 'OF SAID SECTION 19, A DIS?:;4NCE OF 526.40 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; THENCE CONTINUE 50UTH 00*09'38" EAST ALOi~ 5AID WEST LINE OF SAID SECTION Ig A DISTANCE OF 279,07 FEET,. THENCE LEAVING 5AID WEST LINE OF SAID SECTIOI~ ;g NOR'~t 89'50'22" EAST 10.88 FEET; THENCE NORTH 40'35°01~ EAST 94.96 FEET; THENCE NORTH 00'0g'$8" WEST 135. 70 FEET; THENCE NORTH 41'19'4a~ WEST 94.88 FEET; THENCE SOUTH 89'50'22" WEST 16,58 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 17,509 SQUARE FEET DF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRIC'I]ONS OF RECORD. OR: 2933 PG: 237O ~RINGS ~ ~S£O ON mt FLO~OA St~T~ PLA~ CO~O~N~r~ S~Sm~, PREPARED BY: i · ...... · ~ . SHEET~OF 2 I!IILNOU , ' --~ _ 1~ ...... ,~ - ~-- SCALE: ~ro~...m.~t .n~l...~, H~-a.~., ~ mad .u~.~=~ · - ~ DRA~ =2=~'~' == =~' Et= ~3 ""e'-~"~" "'"'" "'.,,-,,,, , c Ec By. ' -. ~ --~.-~m..~ ~-,m - H '~ PROJECT NO' 78 PERPETUAL, NON-EXCI/USIVE ROAD RIGHT-OF-WAy, EXHIBIT SECTION 19, TOWNSHIP 49 SOUTH, COLLIER COUNTY, FLORIDA " ARCEL) ~ PROJECT:NO. PR OJECT p AR CEL TAX PARCEL NO. RANGE 26 SAS SECTION LINE EAST- WEST ONE-OUAR TER-~--- LJ 5ECDON LINE 105' EXlSDNG R.O.~ COUN~ ROADWay EA SEMEN T ' PREPARED BY: ' Profoesionll enllnee~' ~lanne~, & land eU~o~ ~-- DRAWN B : O' 534.4! 64Z02 J4. gl 6f2.95 7.50 R,S.M. )..'5335 "PATE! '~ PROJECT· ACAD'N0:~ SEC TION 19, EXHIBIT % "OP' p.~: ~o o,_ ~.~"' 2933 PG: 2372 PROJECT: NO. §007[ PROJECT PARCEL NO: TAX PARCEL TOWNSHIP #9 SOUTH, RANGE 26 EAST COLLIER COUNTY, ,'FLORIDA -P-~P T.ION Of. RIGP__I~..-O£- WA y pARC~ ALL THAT PART OF PARCEL *C" ACCORDING TO THE WYNO~MERE TRACT MAP, AS RECORDED IN PLA T BOOK 13, PAGES 3 THROUGH 7, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLL 0 WE: COMMENCING AT THE WEST ONE-QUARTER CORNER OF 5~CTION 19, TOWNSHIP 49 50UTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; T~'fENCE 50UTH 00'09'38" EAST ALONG THE WEST LINE OF SAID SECTION ~4 DISTANCE OF 534.4; FEET TO THE POINT OF BEGINNING OF THE PARCEi. HEREIN BEING DESCRIBED; THENCE CONTINUE 50UTH 00'09'36" EAST ALONG 5AID 14~"ST LINE OF 5AID SECTION 19, A DISTANCE OF 647.02 FEET; TtfENCE LEAVING 5AID WEST LINE OF SAID SECTION 19, N~)RTH 12'14'43" EAST 34.91 FEE;~ THENCE NORTI-t 00'09'38" WEST 812.93 FEET; ~ THENCE 50UTH 89'50'22~ WEST 7.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 4725 SQUARE FEET OF LAND MORE OR LESS. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN C06RDINATE SYSTE.~fr EA$'~'"zoN::" ' ' ' FiLE NO:.__7.3,.ZS__ ACAD NO:.~Z.2,Z..~..Z- EXHIBIT " SEC TION 19, PERPETUAL, NON_EXCLUSiVE ROAD RIGHT~G~-WAY, DRAINAGE, UTILITY & HAINT. EASEMENT Page., PROJECT: NO, ~ PROJECT PARCEL NO: TAX PARCEL NO, 26 EAST TOWNSHIP 49 SOUT~H, RANGE COLLIER COUNTY, F,,ORIDA ~(KETCH OF RIGHT-OF-WAY PARCEl. (NOT SEE SHEET 2 0/' 2 FOR DESCRIPTION (iF RIGI-tT-O~-'WA~ i~AR'~£/_~IL - / I . c) 8 o o + -I t~j o. oo 7.50 105' EXISTING R.O.W. COUNTY ROADWAY (o.R. ~o~, PG. 184 - ~g ,. d SCALE: 1" = 8'0' 346.29 34.91 269.64 22.50 42.65 ,30.00 BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYS..~.:M, EA-?!::., , EXHIBIT "~'.-,~" P~ge ~of EXHIBIT "~" SECTION 19, PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. TOWNS/tIP #9 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF RIGHT-OF-WAY PARCEL OR: 2933 ALL THAT PART OF PARCEL "BB" ACCORDING TO THE RE-PLAT OF PART OF WYNDEMERE TRACT MAP, AS RECORDED IN PLAT BOOK ~ 3, PAGES 39 THROUGH 43, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEi~IG MORE PARTICULARLY DESCRIBEO AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "BB';' THENCE SOUTH 00'~$'56" EAST ALONG THE WEST LINE OF SAID PARCEL "BB" A DISTANCE OF 546.29 FEET,. THENCE LEAVING SAID WEST LINE OF SAID PARCEL "BB"-NORTH 12"10'51" EAST 34.91 FEET; THENCE NORTH 00'13'36" WEST 269.64 FEET; THENCE NORTH 89'46'24" EAST 22.50 FEET TO AN INTE;:~SECTION WITH THE EAST LINE OF A JO' PLATTED DRAINAGE EASEMENT; THENCE NORTH 00'I..t'56" WEST ALONG SAID EAST LINE OF SAID EASEMENT A DISTANCE OF 42.65 FEET TO A'N INTERSECTION WITH FHE NORTH LINE OF SAID PARCEL "BB"; THENCE SOUTH 89'55'49" WEST ALONG SAID NORTH LINE' OF SAID PARCEL "BB" A DISTANCE OF JO. O0 FEE~ TO THE POINT OF BEG,iNNING OF THE PARCEL HERglN DESCRIBED. CONTAINING 5428 SQUARE FEET OF LAND MORE OR LESS. PG: 2374 BEARINGS ARE BASEO ON THE FLORIOA STATE PLAN COORDINATE SYSTEM, EAST'ZONE ~ PREP ARED BY: HEiz._T~O~2 ' ~ S iliit ,,o- ,,,,,;,o, ,,,: !ililIV4""""', . 1/3~/o~ W~/¥g/~.t~. AGNOLI, R S.M, NO. 5.335 Professional sn[lnssrs, plmnners, & land murvuyors ~ DRA~/'By: JAN DATE: NOV. 9, 199~ """'" °"""~"'~'"""'"""-'~""'"°"~'"'"'"~'"'"~"'1'"'"' CHF~ED BY:_~ PROJECT NO.: 784i ".'~-.~..* *."...,,so,, x... ,.- .,4 .,,a n s#~ r.. (*~s],.-.,, FILE NO:.__ZS.,7__~_ ACAD NO:.~7_2.Z_~L~iL SECTION 19, EXHiBi,.10R~, ~,933 ?g,:. 23?5 PROJECT: NO. PROJECT PARCEL TAX PARCEL NO, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, ~FLORIDA S__KETCH OF TEMPORARY DRiV Y~A_rlOi,,t__E_ASEMENT (SEE SHEET 2 OF 2 FOR DgscRIfJT~ON OF TEMPORARY I)RIVEWAY RESTORATION EASEMENr) SCALE: 1" =, 60' LXHIBIT 2933 PG: 2376 P'age ~_.~_of~ SECTION 19, TOWNSHIP 49 SOUTH, COLLIER COUNTY, PROJECT: NO. PARCEL NO.~~ RANGE 26 EAST .FLORIDA _DESCRIPTION O,F TEMPORARY DRIVEWAy RES~ EA,SE~Lg, NT_ A 1EMPORARY DRIVEWAY, cR. fSTORATiON EASEMENT OVER AND ACROSS ALL THAT PART OF PARCEL WYNDEMERE TRACT MAP, ACCORDING TO TIlE PLAT THEREOF, AS RECORDED IN PLAT BOOK I$, PAGES 3 THROUGH 7. PUBLIC RECORDS OF COLLIER COUNT)', FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW[:: COMMENCING AT THE WEST QUARTER CORNER OF SECTION lO, TOWNSttlP 4g SOUTH, RANGE 25 EAST. COLLIER COUNTY FLORIDA; THENCE SOUTH 00'0g'38" EAST ALONG THE Vt'EST LINE OF SAID SECTION. Ig, A DISTANCE OF 584.41 FEET TO THE POINT OF BEGINNING OF Tile EASEMENT HEREIN BEING DESCRIBED; THENCE CONTINUE 50UTH O0'O9'JB" EAS.T ALONG SAID WEST LINE OF 5AID SECTION 19 A DISTANCE OF ;63.00 FEE[i' TiIENCE LEAVING SAID WEST LINE OF SA'.9 SECTION I9 NORTH 89'50'22" EAST BT. riO FEET; THENCE NORTH 00'09'35' WEST 163.00 fEET; THENCE SOUTH 89'50'22" WEST 67.50 FL'ET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 11,003 SQUARE FEET OF LAND MORE OR LESS. __BEARINGS ARE eASEO ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EA$'T''zoNE ~'~',. PREPARED BY: .' .- .'" _. ~/f>~-' :."." ' . · ~I~UNDAG~,.~ - ' SCALE: ~". ~' ~,~ .~.~= ~3~'~ ~ ~. ~ ""~ ~ ,,,-,m - CHECKED '~':...PROJECT--NO.: P"OJECT: .o. ~,! PROJECT PARCELNO: 7,"-~ /. TAX PARCEL NO,~o~,- SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 ~AST COLLIER COUNTY, .FLORIDA ~~PORAR y ~~A Y R A"~ 0 S O T SCALE: = 60' BEARINGS ARE BASED ON ~E, fLORIDA 5TA~ PLAN COORDINA~ 5YSI~M, EAST ZONE ~ '~ .. PREPARED BY: ~ ' ' ~HEET ':'"~ 2 . ~ ~u:~ ACAD NO:~ EXHIB T Page. ~--~.of ~ 'OR: 2933 PG': 2378 SECTION 19, TOWNSHIP 49 SOIJTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF._TEM_POR.A. Ry .DR!VEW~Z RESTORATION EASEMEt~ A ~EMPORARY DRIVEWAY RESTORATION EASEMENT OVER AND ACRC+SS ALL THAT PART OF PARCEL "BB', REPLAT OF PART OF WYNDEMERE TRACT MAP, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK ~3, PAGES 39 ~I-IROUGH 43, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEIHG MORE PAR~ICULARL y DESCRIBED AS FOLLOWSi BEGINNING AT THE NOR~WEST CORNEF~ OF SAID PARCEL "BB": THENCE NORTtt 8g'35'49" EAST ALONG THE NORTH LINg OF SAID PARCEL "BB~ A DISTANCE OF 4B. 50 FF-ET; TttENCE LEAVING SAID NORT~t LINE OF SAID PARCEL "BB~ SOUTH 00'13'36" EAST 5t.20 FEET; THENCE SOUFI~ Bg'46'24" WEST 48.00 FEET TO AN INTERSECTION MTH THE WEST LINE OF SAID PARCEL "BB"; THENCE NORII~ 00'13'36" WEST ALONG THE WEST LINE OF SAID PARCEL "BB" A DISTANCE OF 51.05 FEET TO ~tE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 2480 5QUAR~- FEET OF LAND MORE OR LESS. PROJECT: NO, __ 60071_ PROJECT PARCEL NO: TAX PARCEL NO. BEARINGS ARE BASED ON THE FLORIDA STA PREPARED BY: TE PLAN CC;ORDINA TE 1/o/m HEE? 2~ 2 '- - $CALE;~ .' . ' CHECKE~I]Y:D/EQ~ PROJECT FiLE N~.~..ZZZ..~ ACAD NO:~,.ZS:...~LL 00.£61 'V.£$ EXHIBrl. ~ "~ OR: 2933 PG: 2379 00+"81 'VIS ttNn HD.~ Vt~I ENI? HD, L VI4[ EXHIBIT "t:," OR: 2933 PG: 2380 Of+fSI 'VI£ ENI'7 I-ID1 V,14t I I I i O0 +90~ ' V1 $ .~NI 7 HD.~ EXHIBIT Page 3~ of OR: 2933 PG: 2381 0.~66l .g'Nl ? HD.I. Yl~ EXHIBIT_:.~,_: OR: 2933 PG: 2382 00~90~ 'ViS ~NI 7 HAl YI4~ EXHIBIT_L~ page OR' 2933 PG' 2383 HVO i VHO 3 I I I I I -1- .%VJ 7 H31 EXHIBIT_"~ Page._.Y_4.of_ OR: 2933 PG: 2384 ~NI 7 HDI VI~ O0+8lC'VA$ HNI 7 HD, L VI'ti ./ EXHIBIT OR: 2933 PG' 2385 00+0£~' 'VIS .~i7 7 HD.Z VtV O0 + l~ ~ ~ ' Vi £ ~117 HO1 ¥l,g OR: 2933 PG: 2386 1131 I I O0+Of~'V~$ ~AU ? H3I EXHIBIT OR: 2933 PG: 2387 EXHIBIT Page / of DESCRIPTION OF TEMPORARY WALL DEMOLITION EASEMENT ALL THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING WEST OF, AND ALSO BEING SUBJECT TO, THAT CERTAIN PROPERTY DESCRIBED IN THE GRANT OF WALL AND LANDSCAPING EASEMENT RECORDED IN THE PUBLIC i:{ECORDS OF COLLIER COUNTY, FLORIDA, IN OFFICIAL RECORDS BOOK 'i 184, PAGES 2279 THROUGH 2284: WYNDEMERE TRACT MAP PARCEL "C" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 13, PAGES 3 THROUGH 7, AND LOT 96, THE LODGINGS OF WYNDEMERE, SECTION ONE, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE PUBLIC RECORDS OF COLLIER CQUNTY, FLORIDA, IN PLAT BOOK 13, PAGE 8, LESS THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE SOUTHWEST CORNER OF LOT 96; THENCE ALONG THE WEST LINE OF SAID LOT 96, NORTH 00038'02'' EAST A DISTANCE OF 74.97 FEET; THENCE LEAVING SAID LINE, NORTH 59°42'01" EAST A DISTANCE OF 138.58 FEET TO A POINT ON A CURVE AND THE EAST LINE OF SAID LOT 96; THENCE ALONG SAID EAST LINE 50.00 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RDIUS OF 625.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 32°35'29'' EAST 49.99 FEET TO THE SOUTHEAST CORNER OF SAID LOT 96; THENCE ALONG THE SOUTH LINE OF SAID LOT 96, SOUTH 55007'00'' WEST A DISTANCE OF 179.70 FEET TO THE SOUTHWEST CORNER OF SAID LOT 96 AND THE POINT OF BEGINNING OF THE PARCEL. HEREIN DESCRIBED. PROJECT: Livingston Road PARCEL NO: 165 / 765 & 166 / 766 EASEMENT AGREEMENT THIS EASEMENT AGREE~E_._.~T (herei,,nafter re~rred/to as the "Agreement") is made and entered into this /,.v.~ day ./,/~-~z/~-'~--", 2001, by and between WYNDEMERE HOMEOWNERS ASSOCIATION, INC., a Florida non-profit corporation, (hereinafter referred to as "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "County"); WHEREAS, Owner desires County to construct a fill slope and a noise attenuation wall (hereinafter collectively referred to as the "Wall") in accordance with the plans and specifications as described on Exhibit "A" attached hereto and made a part hereof; and WHEREAS, County requires a perpetual, non-exclusive easement for the construction of the Wall and a fill slope, sidewalk, landscaping and maintenance easement, over, under, upon and across the lands described in Exhibit "B" (said easement hereinafter referred to as the "Wall Easement"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires County to construct one right turn lane serving the main entrance into the Wyndemere community, and one right turn lane serving the golf course and property maintenance access road located along the northern boundary of the Wyndemere community; and WHEREAS, County requires two (2) perpetual, non-exclusive easements for road right-of-way, drainage and utility facilities over, under, upon and across the lands described in Exhibits "C-1" and "C-2" (said easements, Parcels 165 and 166, hereinafter collectively referred to as the "Turn Lane Easements"), which are attached hereto and made a part of this Agreement; and WHEREAS, Owner desires that County enter upon those lands described in Exhibits "D-I" and "D-2" (Temporary Driveway Restoration Easement Parcels 765 and 766), attached hereto and made a part hereof, for the purpose of tying and harmonizing the existing entrance driveways with six-lane Livingston Road WHEREAS, Owner desires that County remove that portion of the existing decorative wall which is located north of the existing decorative wall section which runs parallel to the south boundary line of the plat of The Lodgings of Wyndemere, Section One, as recorded in Plat Book 13, Pages 8 through 12, of the public records of Collier County, Florida, to convey to County those certain Temporary Wall Demolition Easements described in Exhibit "F"; and WHEREAS, Owner desires County to preserve and protect the existing paved cart path located within that certain legally described easement recorded in OR Book 1362, Pages 1532 through 1537, of the public records of Collier County, Florida, and Owner desires that County reconstruct said cart path, to the same specifications and at the same width as the existing cart path, at the base of the fill slope where the two facilities conflict; and WHEREAS, County has offered to preserve and protect the existing trees located on the fill slope east of the proposed Wall between Stations 194+00 and 221+50, per the construction plans prepared by the engineering firm of Agnoli, Barber and Brundage, Inc., for the six-lane construction of Livingston Road between Golden Gate Parkway and Pine Ridge Road; and Wyndemere HCA Easement Agreement Page 2 WHEREAS, County requires the subordination of Owner's easement interest arising from the Cross-Easements Over Preserve Path Agreement in the West 30 feet of Parcel "GG-3" commencing at line "X" (as described in OR Book 916, Page 1123) and running to the south property line of Parcel "BB"; and WHEREAS, Owner desires to convey the Temporary Driveway Restoration Easements, Temporary Wall Demolition Easements, Wall Easements and the Turn Lane Easements, as described in Exhibits "B", "C-1" "C-2", "D-1 .... D-2" and "F", respectively (hereinafter referred to as the "Property") to County for the stated purposes, on the terms and conditions set forth herein; and 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: Owner shall convey both the Wall Easement and the Turn Lane Easements to County without monetary consideration in exchange for the construction of the Wall and the above-referenced turn lanes. Owner shall convey the above-referenced Temporary Driveway Restoration Easements in order to allow County to tie and harmonize the existing entrance driveways with the six-lane section of Livingston Road. o Owner shall execute the easement conveyance instruments within sixty (60) days from the date County executes this Agreement; 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, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. County shall construct the Wall in accordance with the plans and specifications as described on Exhibit "A." Owner expressly waives any submittal to or approval by its Architectural Review Committee, as well as the Architectural Review Committee of any Section Declaration. Owner agrees to subordinate all interest arising out of that certain Cross- Easement Over Preserve Path Agreement, (recorded at OR Book 1362, Page 1532, et seq.) to the easement interest acquired by the County in Parcel "GG-3" and hereby consents to the granting of the County's easement by Wyndemere Country Club, Inc. Owner shall grant a Temporary Wall Demolition Easement to County for the demolition and removal of a existing decorative wall located north of the existing decorative wall section which runs parallel to the south boundary line of the plat of The Lodgings of Wyndemere, Section One, as recorded in Plat Book 13, Pages 8 through 12, of the Public Records of Collier County, Florida, and hereby permanently transfers, assigns and grants all rights, interest, and title in that portion of the wall and all materials comprising said wall, as described in this paragraph, to the County. Owner acknowledges that County is relying on certain representations made by Owner that owners of Lots 93, 94 and 95 / 96, The Lodgings of Wyndemere, Section One, have agreed to donate the easement interest needed by County for demolition of the existing wall and construction and maintenance of a new wall, fill slope, sidewalk and landscaping. But for this representation, the County would not have entered into this Agreement with the Owner. Owner shall assist the County in obtaining the necessary easements from these individual property owners to the extent deemed necessary by the County. Easement Agreement Page 3 County shall construct protective "wells" around those trees located on the eastern face of the Wall's side slopes, if required due to an increase in the elevation of the finished grade at the base of said trees. When the construction of tree wells is required by this provision, it shall be restricted to only those trees located between five (5') feet and thirteen (13') feet east of the wall as indicated on Exhibit Owner hereby authorizes County to remove and replace as may be necessary according to County's discretion, the existing chain link fencing located along the western boundary of Owner's property. 10. The County agrees that any materials or equipment furnished for the construction of the wall shall be of good quality, free from all defects and in conformance with the construction industry standards and practices, and that all materials and equipment furnished in connection with the construction of the wall shall be applied, installed, connected, erected, used, cleaned and condition in accordance with the instructions of the applicable manufacturers, fabricators, suppliers, or processors in accordance with the specifications set forth on sheet No. 82 of the Livingston Road construction plans ("Precast Sound Barrier Wall Details") except as otherwise provided for in this Agreement. If within two (2) years after substantial completion, any Work is found to be defective or not in conformance with industry standards and practices, the County shall correct it or bring such work into conformance, after receipt of written notice from Owner, at County's own cost. County shall also be responsible for and pay for replacement or repair of adjacent materials which may be damaged as a result of such replacement or repair. 11. After the completion of the initial construction of the wall, the Owner shall be responsible for the routine maintenance of the wall, including, but not limited to, cleaning, minor repair, and painting and maintenance of all landscaping adjacent to the wall. Owner shall be responsible to repair or replace the wall when it is damaged or destroyed except when damage is the result of defective materials or workmanship under circumstances described in Paragraph 10 above and after Owner has provided written notice of the alleged defect. 12. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the 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. 13. Owner is aware and understands that the "offer" to perform represented by this Agreement is subject to approval by the Board of County Commissioners of Collier County, Florida. 14. Owner represents the following to the best of its knowledge that the Wall Easement and Turn Lane Easements and all uses of same 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 said Easements except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of said Easements to be dedicated to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on said Easements, b) any existing or threatened environmental lien against said Easements or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on said Easements. This provision shall survive the term of this Agreement and is not deemed satisfied by conveyance of title. Easement Agreement Page 4 15. Owner shall indemnify, defend, save and hold harmless the County against and from, and to 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 Owner's representation under Section 14. This provision shall survive the term of this Agreement and is not deemed satisfied by conveyance of title. County covenants with the Owner that in demolition of the existing wall and construction and maintenance of the new wall, fill slope, sidewalk and landscaping, County shall comply with all Federal, State and Local environmental laws, and that County shall not generate, store, treat or transfer any hazardous substances on the Wall Easement and Turn Lane Easements. County shall be responsible for any costs for remediation and removal, finds or other damages resulting from a breach by the County of the foregoing covenant. 16. County shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. The parties are exempt from the payment of documentary stamp taxes on the Wall Easement and Turn Lane Easements, and therefore, no documentary stamp taxes shall be paid by either party. 17. 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. 18. For the purposes of permitting any ground, gate or wall signage for the Wyndemere community's entrance on future Livingston Road, a sign erected within an easement granted to the Wyndemere Homeowners Association for that purpose and within the Wyndemere PUD boundaries, which sign otherwise complies with the Collier County Sign Code, will be considered an "on-premises" sign under s. 2.5.5.1.6 of the Land Development Code. This shall include any ground, gate or wall sign located within a County easement area as long as the proposed signage otherwise complies with the Collier County Sign Code and the construction, operation and maintenance of said signage will not interfere with or disrupt the County's use and maintenance of its easements. Wyndemere agrees to notify the County thirty (30) days in advance in the event it seeks to erect an entrance sign within the County's easement areas. Nothing contained herein shall be construed as permitting more than two signs at the Wyndemere entrance as provided in s. 2.5.5.1.6, L.D.C. 19. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS .VVHERF_..,OF, the parties hereto have executed this Agreement on this /~ day of ~'/~ ,2001. Date Property acquisition approved by BCC: November 28, 2000; Res. # 2000-447 Easement Agreement Page 5 AS TO COUNTY: DATED: )////7,x. ]1 ATTEST: DWIGHT E. BROCK, Clerk i:-':~ :",'.:' ': ',<:~5:' ;~puty Clerk AS TO OWNER: DATED: .~, _~,// Witnes~/~ign'atu~) Name://~ .4-/'- t,/ ~ '(P~nt o~ Type) ~itn~ ~ignature) Name://[~4/~ ~. ~/~ ~Pri~t or Type) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~~~/~ ~ JAMES CARTER, PH D, Chairman WYNDEMERE HOMEOWNERS ASSOCIATION, a Florida non-profit corporation '/Pres-id~-n~/Vi~e Presl~nt~ Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney EXHIBIT STA IP3iO0 MA 1'C11 I. IN£ S?~,% IP9,'O0 EXHIBIT ' Page_.Z-~of ,"~_ MA TCt/ L/NE S7~ 199t00 MA TCII LINE STA 205 ~ O0 A4A I'('/I LINE S7~. 205~00 i A~IA 7'CII LINE STPl 211 ~,[A 7~'C'11/.IN[:' S1~.211/00 /Xl,.I TC'I/LINE S7:4.217 EXHIBIT AIA ?'CTI I. INE , STA. 217/00 )~IA TCtl lINE MA ?'CII LINE SIA22J~O0 ^IA TCflLINE S7~. 229~00 EXHIBIIT P~Q,~_ 7 of_"~'- MA '/'C?I /-/NE STA. 229~00 ilia TCIt I. INE S7:4.2J5 EXHIBIT Page *---~E._o f~ EXHIBIT '~" EXHIBIT '~/" I~XHIBIT '~" IEXHII~iT :~'~ Page _~of_ ~ EXHIIi~T~ ~.XHIBIT~ ~XHIBIT EXHIBIT P~. /? Perpetual, Non-Exclusive Noise Attenuation and Privacy Wall, Fill SIDleS, Sidewalk, Landscaping and Maintenance Easement PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANCE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF E.A, SEMENT NJN._N~OT _A. SURVEY) (SEE SHEET 2 OF2 2 FOR DESCRIPTION OF.. EASEMENT) - ~0071 170' F.P.&L. EASEMENT _~ (O.R. 640, PG. 232) 105' EXISTING R.O.W.' LIVINGSTON ROAD ICOUNTY ROADWAY EASEMENT L'"' +92,56 NORTHWEST CORNER PARCEL "BB" I I I N C:) :-I [1. It. C) U) SCALE: I" = 60' ('.) °9. o o ~o~' Ex~snN~ ~.o.w ,~ uVI~osro~ RO~D ,~ o_ ~,/ ON THE F[ORIDA STATE PLAN COOROINA~ DYSTEM, EAST ZONE SHEET 1~ 2 ~/27/o~ BEARINGS ARE PREPARED BY: BASED llll Bnnm~ONOLI mBBmmIi'"'~ · ..lltlA..~. k RIlIIIK IIIII Professional enllneers, planners, & IBn4 surveyors DRAV~ I~://OA N DA TE: ~ CHECKE~/Y~¥: WDA PROJECT NO.: 78('m F)L7 727~ ACAO NO: 7274-0Q E X HIBIT_ b LEGAL DESCRIPTION OF PERPETUAL NON-EXCLUSIVE EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF NOISE ATTENUATION AND PRIVACY V~LL, FILL SLOPE, SIDEWALK, AND LANDSCAPING GIVEN BY THE WYNDEMERE HOMEOWNER'S ASSOCIATION TO COLLIER COUNTY, FLORIDA THE WEST THIRTY (30) FEET OF PARCEL "C" WYNDEMERE TRACT MAP, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 13, PAGE 3, ET SEQ., AND THE WEST THIRTY (30) FEET OF PARCEL "BB" REPLAT OF A PORTION OF WYNDEMERE TRACT MAP, ACCOORDING TO THE PLAT THEREOF, RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 13, PAGES 39 THROUGH 43, ET SEQ., AND THE WEST THIRTY (30) FEET OF PARCEL "CC" REPLAT OF A PORTION OF WYNDEMERE TRACT MAP, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 13, PAGES 39 THROUGH 43, ET SEQ., AND THE WEST THIRTY (30) FEET OF LOT 96, THE LODGINGS OF WYNDEMERE, SECTION ONE, ACCOORDING TO THE PLAT THEREOF, RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 13, PAGE 8, LESS AND EXCEPT THAT PORTION OF LOT 96 CONVEYED BY WARRANTY DEED RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN OR BOOK 1147, PAGE 801. EXHIBIT, Pa~e~of. SEC TtON 19, PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA 600Z1. DESCRIPTION OF F.ASEMEN_~T AN EASEMENT OVER AND ACROSS ALL THAT PARE OF PARCEL "BB'", REPLAT OF PART OF WYNDEMERE TRACT MAP, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 39 TttROUGtt 43, P. UBLIC RECORD5 OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF SAIO PARCEL "BB"; THENCE NORTH 89'35'49" EAST ALONG THE NORTH LINE OF 5AIO PARCEL "BB" A DISTANCE OF 108.61 FEET; I'IIENCE LEAVING SAID NORTH LINE OF SAID PARCEL £BB" SOUTtt 00'24'11" EAST 54.05 FEET; THENCE SOUTH 41'50'46" WEST 137.21 FEET; THENCE SOUTH 89'46'24" WEST 16.8,5 FEEl' TO AN INTERSECTION ~iTH ~tE WEST LINE OF SAID PARCEL THENCE NORTH 00'13'36" WESl' ~LONG TIlE WES~ 'LINE OF SAID PARCEL "BB" A DISTANCE OF 155.57 FEET TO THE POINT OF BEGINNING OF 1HE EASEMENT ttEREIN DESCRIBEO; CONTAINING 12,25,t' 50UARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZONEJ/9~O. PREPARED BY: SHEET OF 2 '... · to Ill EIEVISI~N, __ '"'P~ /2 / I . . /~/ mg'"B NOEl 3 7 0 BY' ) iliii! .,,. · " ' lenJJJJJ~JI~UNDAaI~,,,. SOAL~.~S. AG . 5335 Profeawlon.l *naineer., pl.nn.r., & land .u~syo~ DRAWN B ~N DATE 2~ Perpetual, Non-Exclusive Noise Attenuation and Privacy Wall, Fill Slope, Sidewalk, Landscaping and Maintenance Easement EXHIBIT F~:G~) ~' o SECTION PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. 19, TOWNSHIP 49 SOUTH, RANGE 26 COLLIER COUNTY, FLORIDA SKETCH OF FASEMENT (NOT A SURVEYS__ (SEE SHEET 2 OF 2 FOR DESCRIPTION OF,, EASEMENT) 0 0 / CORNER I ZO' £.P.&L £ASEUEN~ _ /~ (O.R. 640, PC. 2,,t2) 00o71 EAST SCALE: 1" ~- 60' I I I I BEARINGS ARE BASED PREPARED BY: 105' EXISTING R.O.W. LIVINGSTON ROAD COUNTY ROADWAY EASEMENT (O.R. aD3, PG. ia4J) mmmm )mmm I - mm I ~-.~G N 0 IL,I mmmmmmn iim{mm minim mmz~Aizsiciz ,~ I Im I m mm mmi--% m · m m {mmlJRUNOAGI~,m,~. Profemmlon&l enBInaarl, plmnnmrm, ac land mur~.lorm _2 D R A WN,,,~.' J^hJ CHEC~ FILE/f/K): 7274 ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ~. ,~ SI-IEET,~/'mF 2 ~,. .... SCALE: "~ ~ DATE:~ 2001 PROJECT NO.: 7841 ACAB NO: 7274-49 EXHIBIT' SECTION 19, PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPtiON OF EASE.M, ENT~ AN EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF PARCEL "C", WYNDEMERE TRACT MAP, ACCORDING TO THE PLAT THEREOF, A5 RECORDED IN PLAT BOOK 15, PAGES ,1 THROUGH 7, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT IHE YPZST QUARTER CORNER OF 5EC~ON 19, TOWNStIIp 4g SOUTH, RANGE 25 EAST, COLLIER COUNTY FLOR/DA; THENCE $OUIH 00'D9'38~ EAST ALONG '[HE WEST LINE OF 5AID SECTION 19, A DISTANCE OF 526.,~0 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; .. THENCE CONTINUE 50UTH 00'09'38" EAST ALO.19~ 5AID WEST LINE OF SAID SECTION 19 A DISTANCE OF 279.07 FEET; THENCE LEAVING SAID WEST LINE OF 5AID SECTIOt'{ 19 NORTH 89'50'22" EAST 16.88 FEET; , THENCE NORTtt 40'35'01" EAST 94.96 FEET: THENCE NORTtl 00'09'38" ti'EST 135.70 FEEI~ THENCE NORTH 41'19'48" WESI 94.88 FEET; THENCE SOUTH 89'50'22" WEST 16.56 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 17,569 SQUARE FEET OF LAND MORE OR LESS: SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST PREPARED BY: "'J/~a ~ SHEET./~ 01- 2 ,... . /// //, alas NOLI · ....=n 5/27/01 BY: MI1 R.~,R & ,~/tf/~/E~'/l~'. AGNOLII- R.S.M. NO. ,5335 J J J J J lJ~RUNI).i, alL=,,. ' SCALE: /J"J'(T. S. ' Prole..lOnal .hi, Insert, pl.nn.r., & land .urvelom DRAWN~ JAN DATE:~ o.~. c.~, .~ ,oD, ~4~ ~ ~, No~, ..;.,. ~ ,~0, ff,,).7-,m CHECk3 BY: wO~ PROJECT NO.:_ 7841 ~, c.~ ~ ~o~. ~,u ...~ ~..~ ~.- ~. n ~o~ I*~--~m FIL~: 7Z7~ ACAD NO: 7274-49 // PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE, LrTILITY & MAINT. EASEMENT PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. ~2 SECTION 19, TOWNSHIP 49 SOUTH, RANGE COLLIER COUNTY, FLORIDA SKET_CH OF RIGHT-OF-WAy PARC~NOT A SURVEY) (SEE SHEET ~--oF ~. FOR DESCRIPTION OF RIGHT-~)F-~y PARCEL) .... EAST-WEST ONE-i SECTION LINE 26 EAST SECTION LINE I I05' EXISflNG R.O,W. LIVINGSTON ROAD COUNTY ROADWAY (o.R. ~o~. ~. ~) ~ LINE DA ~ ~ L2 S 00'09'~8"E 534.41 L4 N 00'09'38"W 6~2. g3 +~8.96 Jl ~ L5 5 89'50'22"W 7.50 o, oo I EARINGS ARE BASED ON THE FLOR'DA STAll PLAN COORDINATE 5YSll~, g~S~'~ON~'~ PREPARED BY: 'SHEET l' ' SC L :_ . .,.' rroiaaalonai .nlina.~ glannara · land lu~vo~ DRAWN B · d~N ' ~ " ' ,~,,~ ~ ,.~,,.,.. . ~E. NOV..g 19gg ~.~..~., ,.~.,..~.. ,... - ., ' ............. ~:~ ACAD' NO:~ EXH ;F SECTION 19, PROJECT: NO. PROJECT PARCEL_NO: TAX PARCEL NO.~ TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DE. SCRIP TION QF RICH T- OF- WA Y PARCEl ALL THAT PART OF PARCEL "C" ACCORDING TO THE WYNDEMERE TRACT MAP, AS RECORDED IN PLAT BOOK 13, PAGES 3 THROUGtt 7, PUBLIC RECORD50F~ COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED A5 FOL L 0 WS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 19, TOWNSHIP 49 $OUIH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; TItENCE SOUTH 00'09'38" EAST ALONG TIlE WEST LINE OF SAID SECTION A DISTANCE OF 534.41 FEET TO THE POINT OF BEGINNING OF ti, tE PARCEL tIEREIN BEING DESCRIBED; ti~ENCE CONTINUE SOUTH 00'09'J8" EAST ALONG SAID WEST LINE OF SAID SECtiON I9. A DISTANCE OF 647.02 FEET; TtIENCE LEAVING 5AID WEST LINE OF SAID SECllON 19. NORDt 12'14'43" EAST 34.91 FEET; 1HENCE NORTtt 00'09'35" WES[ 612.93 FEET; THENCE SOUTH 89'50'22" WEST 7.50 FEEl' TO THE POINT OF BEGINNING OF TilE PARCEL ItEREIN DESCRIBED; CONTAINING 4725 SQUARE FEET OF LAND MORE OR LESS. ?'" ' -'t'-'':'- ' BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEi~I~ EAS'T'~:-'Z~ PREPARED BY: ~£VlSlfflN' "sHE ., ET'/~. ...~. ~'"2 ':. :.. .ilIIA.,,,., ,,,,/o, ;;'-mm~.,,,,~,..... SCAL~/K~. Y:... ...... ' '~'""" ""'"'* '~' '~"' "" '"'"'"' ~""' """" "'"'" "' "'" I,,I-,-,-, CHECKED BY: WIDA PROJECT NO.: 7841 ...u...~.., ).,-.d..u....,. ,- ,,...~ n .,i ' '"' ('"}'"-'"' ~ FILE NO: 727,~ ACAD NO:_ 7274-7 EXHIBIT ' Page .... /__of ..-2,._ ) PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY & MAINT. EASEMENT PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 19, TOWNSHIP 49"SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEY) (SEE SHEET 2 OF 2. FOR DEScRiPTION OF RIGHT-OF-WA'/ PARCEL,)' ' - + 92.56~ / ~ 0 ~ +50.00 L4 ~ + ~ ~ M [; 5 00'13'36"E 346.29 +l :~ L6 5'S9'J5'49;'W 50.00 PREPARED BY: IIiii, ~RUNDA~,.,. DRAWN~Y~ DATE: NOV. 9. 199g EXHIBIT Pr~e ~ 02_ PROJECT: NO. 6007[ PROJECT PARCEL NO: TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FL_ ORIDA DESCRIPTION OF RIGHT-OF- WAY PARCEL ALL THAT PART OF PARCEL "BB" ACCORDING TO THE RE-PLAT OF PART OF WYNDEMERE TRACT MAP, AS RECORDED IN PLAT BOOK 15, PAGE'S 59 THROUGH 45, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "BB"; THENCE SOUTH 00'15'56" EAST ALONG THE WEST LINE OF SAID PARCEL "BB" A DISTANCE OF 546.29 FEET; THENCE LEAVING SAID WEST LINE OF SAID PARCEL "BB" NORTH 12'10'5t" EAST 54.91 FEET; THENCE NORTH O0'IJ'J6" WEST 269.64 FEET; IHENCE NORTH 89'46'24" EAST 22.50 FEE1- TO AN IN1ERSECTION WITH THE EAST LINE OF A 50' PLATTED DRAINAGE EASEMENT; THENCE NORTH 00'15'56" WEST ALONG SAID EAST LINE OF SAID EASEMENT A DISTANCE OF 42.65 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID PARCEL "BB"; 17-1ENCE SOUTH 89'55'49" WEST ALONG SAID NORTtt LINE OF SAID PARCEL "BB" A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 5428 SQUARE FEET QF LAND MORE QR LESS. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZON~ ~~9~~ PREP ARED BY: SHE~_-T.~:~-(~/'/'"2 "' '' alr'l"""" ~-I~G N 0 M 1//8/01 BY: mm ,. · W~/~'~. · tt,....B-'~"'Im'U~ARBli:R ,Sc 1/,31/O1 AGNOLI, R.S.M. NO. 5,355 IIlIII SCALE.~,/CI.T.S. mImmmmmmmIJRulqDAOB DRA~vBy: JAN DATE: NOV. g. 1999 Professional enitneer~, plannerl, & land surveyors co,,,., c.,..,~, h,~. ,oD, 7400 .....,..., ~..., ...-.,, ...,... r~ .~,o (,,,),,,-,,,, CHF_~ED BY: WDA PROJECT NO.: 7841 Lee Co~u~j ~ul~ lot, ills Heu4r7 I~'eel, ro~ J(TIFS, ~L S~lOI ~lii~{31-811t c.,~m..b o, .,.lo....o..... us ,., .~ n .. ..,(.,),eH, o, FILE NO:_ 7274- ACAD NO: 7274-~ PROJECT: NO. 600 ] PROJECT PARCEL ~NO: ~ lax PARCEL NO. ~ SECTION 19, TOWNSHIP #9 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ~KETC. H OF TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF '2 FOR' DEscRIPTIbN' ~F TEMPORAt~/Y' oRIvEWA Y R£~TbR'A TION 'E,~$~MENT) I P.O.C. ~ ~ST OUAR~R CORNER __ 170' F.P.&L. EAStMENT ~ld ~ (o.r. ,4o, P~. ~) +, ' ~NGSTON ROAD ~ BEARINGS ARE BASEO ON THE FLORIDA 5TA~ PLAN COORDINA~ SYS~M, Prof..~lonal .niln..~, pl.nn.~, k ].nd ~u~.~o~ DRAW dAN DATE NO ""~" "'"~ ~ '" "" ~.~ ~.....~ .. ~. ' ~,.. , · V,. 12 1999 . .~. ~m,~m~..~.~ ~.~,. ~.~.~. , CHE D BY~ ~A PROJECT NO' ' ' ~ : 7~74 ACAD, NO~:, 72~4-30- SEC TION 19, TOWNSHIP COLLIER PROJECT: NO. TPROJECT PARCEL_NO: AX PARCEL NO.~c~ 49 SOUTH, RANGE 26 EAST COUNTY, F-L ORIDA DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION A IEMPORARY DRIVEWAY RESTORATION EASEMENT OVER AND ACROSS ALL THAT PART OF PARCEL 'C', WYNOEMERE ~RACT MAP, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLA T BOOK 13, PAGES .~ THROUGH 7, PUBLIC RECORDS OF COLLIER COUNTY, FLOR/DA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT ~HE WEST QUARTER CORNER OF 5ECTION Ig, TOWNSltIP 49 $OUiH, RANGE 25 EAST, COLLIER COUNTY I~ORIDA; THENCE SOU~7~I 00'0g'58" EAST ALONG ~LtE H/EST LINE OF 5AID SECTION 19, A DISTANCE OF 554.'H FEET TO THE POINT OF BEGINNING OF TIlE EASEMENT ttEREIN B£;NG DESCRIBED; ~'tENCE CONTINUE 50~1-)~ 00'09'3B" £ASr ALONG 5AID WEST LINE OF 5AID SECTION Ig A DISTANCE OF 165.00 FEET; THENCE LEAVING SAID WEST LINE OF SAID SECTION 19 NORTtt 89'50'22" EAST 67.50 FEET; THENCE NORIH 00'09'36" WEST I65.00 FEET; 7ItENCE SOUTH 8g'50'22' Fi, EST 67.50 FEET TO ~tE POINT OF BEGINNING OF DIE EASEMENT ItEREIN DESCRIBED; CON'rAINING ll.O(].] SQUARE FEET OF [.AND MORE OR LES5. , EASEMENT_ PREPARED BY' .~HZ .T.,~/_f,~' ..'-. · : EET2:sCPF.2 _ · ..,~o~ ~ ~ oo ~. '~." . .~ ~-,.': · ... / / . ~ ' J .~. /, , ,, .,~..-.,-: :.. ....- Prol...l~l ..,1...~.' ~.~a.... ~ I~.a .u~.~o~ - DRAWN BY ' ' ' · ..u,..~ ~ A-~.,..U..,... ~ ,~ ~t ~ ,, ~., (,~,-,*s FILE ACAb NO: 7274-50 PROJECT: NO. §007} ,I PROJECT PARCEL NO. TAX PARCEL NO.~..~ SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EA~-'~°"~°'w COLLIER COUNTY, FLORIDA ~ TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVE~ (SEE SHEET 2 OF 2 FOR DESCRIPrlON~F ~E~PORA~'DRIV~WAY RESTORATION EASEmENt) ' I05' EXIS11NG R.O. W, - p~GSrO~ ~om ~:i C:) :'J N . ~ ~ :=. SCALE: = 60' · +92.56 ~ ~ ~ ~ ~ ,.. I · PREPARED BY: . . . SHEET~ Illli~ " WAY~ A~OLI, R.S.M. IIliiJURUNDAG~,m.. SCALE:~60' '-. . ' ' ' ~[~,t, lo~,l ",ll-,,~. vl,~,.. ~ I,,a ,,~,,Z=~, DRAWN : JAN~" : ' 'V; '12. ~'~[' ~ ~ ,~. t-, t~l=l ~ ~.~ ~,h~ ~ ~,, ,~ , _ ~~ DATE NO · .~,.-~ ~ *.~.,..u.. ,.. = ,,,, .4 ~... ~ ,,, q~ ~p,, BY. WB& · pROJECT NO.: ... 7~ ...., ,.., L.L,_.. PROJECT: NO. ,, 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. SECTION 19, TOWNSHIP #9 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCR!P T!ON OF TEMPORA._R. Y. DR/VEWA Y RES TORA TION A TEMPORARY DRIVEWAY RESTORATION EASEMENT OVER AND ACROSS ALL THAT PART OF PARCEL "BB~, REPLAT OF PART OF WYNDEMERE TRACT MAP, ACCOROING TO TIlE PLAT THEREOF, AS RECORDED IN PLAT BOOK 15, PAGES J9 'f~IROUGH 43, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "BB"' THENCE NORTH 89'35'49" EAST ALONG THE NORTIt LINE OF SAID PARCEL "BEII' A DISTANCE OF 48.50 FEET; THENCE LEAVING SAID NORTH LINE OF SAID PARCEL "BB" 50UP~ 00'13'36" EAST 51.20 FEEI~ THENCE SOUTH 89'46'24" WEST 48.50 FEET TO AN INTERSECTION WITtt THE WEST LINE OF SAID PARCEL "BB"; THENCE NORTH 00'13'36" WEST ALONG THE WEST LINE OF SAID PARCEL "BB" A DISTANCE OF 51.05 FEET TO TIlE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 2480 SQUARE FEET OF LAND MORE OR LES5. EAS. EMENT BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SystEM, EAST ZONE~.''~. PREPARED BY: ~ ~H'EET ?~F~2 ' . IIIIII~o~,.~ SCALE:. ~S. · ' - Pror..,to..l ..=i...., pi.an.., & ]~n4 .u~xor, DRAWN B~~ 'DATE:?.' ~OV, 12~ 1999 "'=" ~'~ ~" '""' ~ ~'~"' "'~' "'"~", I~"l""--- CHECKE~BY: WDA PROJECT NO.:_ c.~....~ ~-~..,.u...... ,,,~ .,. ,.~ ~-, [~-~-.o, FILE N~ 7274 ' AOAD NO: 7274-~1 00~£61~L$ O0+lg l 'V~$ -~NI~I HD.I~ VI41 ~NITHDIVI4~ / / / / I I I I / OYtf61 00~90~ Vd$ .~t417 HD.~ V~¥ 0ft66I 'VJ$ ~NUI I10,~ Vt¥ X~ 5tisII7 HL)~ VI¥ I I I I 00~90~ 'V~E ..~I13ttD.IVIN oB+gift ~; VVO A ! J 0 0 A VAt i I I I I I / / I' O0~-EI 'VIS ~3tlT IID. Z Vi¥ OOtglK'V~$ O0~O£ff k'.lR RNI"I ltd),t O0~L£~ 'VIS I I I 00~0£~ 'VZ$ ~INFI ltO. l. VI.q