Classics Plantation EstatesMemorandum
TO:
FROM:
DATE:
RE:
Ellie Hoffman
Records Technician III
Minutes & Records Management
Cindy Erb
Sr. Property Acquisition Specialist
Real Property Management Department
January 2, 2002
Drainage Easement for Classics Plantation Estates at Lely Resort
Please find attached one (1) original recorded Drainage Easement, and one (1)
original Donation Agreement for the above referenced project.
The Board of County Commissioners of Collier County, Florida approved the
conveyance pursuant to Agenda Item 8 E 1, dated January 23, 2001, (Resolution 2001-
27).
Please contact me if you have any questions or comments at 8991.
Thank you.
attachments as stated
CC:
John Houldsworth, Community Development w/attachment (Easement only)
John Boldt, Stormwater w/attachment
Tax Appraiser's Office w/attachment (Easement only)
Inventory File w/attachment
Office of the Real Property Management Department
PROJECT: CLASSICS PLANTATION ESTATES AT LELY RESORT
pre~aredbTt
Ellen T. Chadwe11, Esqutee
Off~ce of ~he County Attorne7
3~01 East Tamtamt Trail
Naples, Florida 34112
(941) 774-8400
DRAINAGE EASEMENT
THIS DRAINAGE EASEMENT, made and entered into this ~ day of
~J~, 2001, by Commercial Properties Southwest, Inc., a Florida
corporation, as successor by merger to Eagle Consolidated, Inc., a Florida corporation,
(hereinafter collectively referred to as "Grantor"), whose mailing address is 8825
Tamiami Trail East, Naples, FL 34113, and the LELY RESORT MASTER PROPERTY
OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301
East Tamiami Trail, Naples, Florida 34112, its successors and assigns, (hereinafter
collectively referred to 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, license, and privilege to enter upon and to
maintain, construct and install water management and drainage facilities, structures
and improvements on 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·
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land, place, excavate, and remove materials for the purpose of
constructing, operating, and maintaining drainage 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.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
AS TO GRANTOR:
Witness
Printed Nam~
~tness
Commercial Properties Southwest, Inc.,
a Florida corporation, as successor by
merger to Eagle Consolidated, Inc.,
a Florida corporation
Margriet ~e Lange, Presiden)//
Printed Name
; C)mRO OP Ci)UNTY COMMIE~3N~i~
":OLLIER C~*~b'NT~, FLORIDA,
,',"URSUANT 'fO THE PROVISION~
OF RESOLUTION NO. ~ ,~,') I
OR: 2948 PG: 3484
COUNTY OF ~
T)_ The foregoing Drainage Easement was acknowledged before me this 20 day of
¢'£ ~ i,'~qD-F_J'~ , 2001, by Margriet De Lange, President, on behalf of Commercial
Properties Southwest, Inc., a Florida corporation, as successor by merger to Eagle
Consolidated, Inc., a Florida corporation, who is personally knnwn tn me or who has
produced as identification.
(Affix notarial seal)
~)Signatur~ of Notary)
(Print Name of Nota[.r.r.ry)
Commission # ~ q~C/O~-,~
My Commission Expires:
OR: 2948 PG: 3485
· o~ ~oofl ~, ~.~.M., ~ ~- ~, ~.,
~ o~ ~'~
A PORBON OF SEC~ON 2~ TO.SHIP 50 SOU~ RANGE ~6 EAS~ COLLIER COUNT~ ~ORIDA. S~N~ MORE
PAR~CULA~L Y DESCRIBED AS FOLLOW.
COmmENCE AT ~E NORTHEAS~RL Y ~OST CORN~ OF GRAND LELY DRI~ LELY RESOR~ PHA~E 1. AS RECEDED
IN PlA~ BOOK ~. PAGES BZ-gQ OF ~¢E PUBUC RECTOS ~ C~llER COUNr~ ~ORIDA. SAID POINT
BEQNNIN~ OF A CUR~ CONCA ~ N~S~RL ~' ~ENCE ~K FOLLO~N~ SIX (~) COURSE AND DIS[ANCES
ALON~ ~E NOR~ERLY RIGHr-OF-~Ay LINE OF SAID GRAND LELY DRIp' COURSE NO ~: ~ENCE
ALONG ~¢K ARC OF SAID CUR~ [0 ~E RIGH~ HA~NG A RADIUS OF 25.00 ~K~ ~ROU~H A CEREAL AN~LE OF
gO'OO~g~ SUB~NDED BY ~ CHORD OF ~.~ FEET Ar A BEA~ING OF ~ 45~'~~ ~. F~ AN ARC 1ENG~ OF
5g. 2Z FKE~ ~0 ~E END OF SAID CUR~' COURSE NO 2: N. 8g~8'~0" ~. 2~0.00 ~K~ [0 ~E BEGINNIN~ OF A
TANQEN~AL CIRCULAR CUR~ CONCA~ NOR~KRL ~' COURSE NO. ~: ~ENCE RUN ~S~RI~ ALONG ~E ARC OF
SAID CUR~ rO ~E RIGH~ HA~N~ A RADIUS OF ZTg. O0 FEE~ ~ROUCH A CEREAL ANGLE OF
SUB,HOED BY A CHORD ~ ~70.4~ FEET Ar A BEAR/N~ OF ~ ~2~7~' ~. FOR AN ARC LENG~ OF ~70.84 ~Er
rOA POINT OF RE~RSE CURVATURe. COURSE NO. ~.. ~ENCE RUN ~S~Rl~ ALON~ THE ARC OF SAID CUR~
~E LEF~ HA~NG A RADIUS OF 745.00 ~E~ ~ROUGH A CEN~AL ANGLE OF ~2~3'54~ SUB~NDED
OF 16105 fKE[ AT A BEARING OF N. 82~1'~3~ ~, FOR AN ARC LENG~ OF ~.~8 FEET TO ~E END OF SAID
CUR~' COURSE NO. ~: ~ 89~8'10" ~, ~.9~ FEET rO ~E BEGINNING OF A TANGENNAL CIRCULAR CUR~
CONCA~ SOU~ERL~' COURSE NO. G: ~ENOE RUN ~S~RL~ ALONG ~E ARC OF SAID CUR~ ~0 ~E LEF~
HA~NG A RADIUS OF 7~00 FEE~ ~ROUGH A CEREAL ANGLE OF 0~7'~ SUBENDED BY A CHORD OF 8~8~
FEE[ Ar ~ BEARING OF S. 87~8'H" ~, FOR AN ARC LENG~ OF 81~ ~EF rOA POINr OF CUSP ~ ~ CUR~
CONC~ NOR~S~RLg' ~ENOE RUN NOR~EAS~RL~ ALONG ~E ~RC OF SAID CUR~ ~ ~E {EF~ HA~NG A
RADIUS OF 25.00 ~EL ~ROUGH A CEN~AL ANGLE OF 77~'0B'~ SUB~ENDED BY A CHORD OF $L44 FEET
BEARING OF ~ ~5~7" ~, FOR AN ARC LENG~ OF ~.00 FEEF ~0 A POINr OF CO~POUND CURVA~RE ~[H A
CUR~ CONCA~ ~S~RLg' ~ENCE RUN NOR~ERL~ ALONG ~E ARC OF SAID CUR~ FO ~E LEF~ HA~N~ A
RADIUS OF ~,~9L~8 FEE~ ~ROUGH A CEN~AL ANGLE OF 0~'0~ SUB[ENDED ~Y A OHORD OF ~69 FEE[
A BEARING OF N. 05~g~t' ~, FOR AN ARC LENG~ OF ~8.5~ ~ET ~0 A PO/Hr OF RE~RSE CURVA~R~' ~ENOE
RUN NORrHERLg ALONO rHE ARC OF SAID CUR~ FO ~E RIGH~ HA~NG A RADIUS OF ~G6.67 FEEg ~R~GH A
OEN~AL ANGLE OF H~$'~7~ SUBrENDED BY A CHORD OF ~I~8 FEET Ar A BEARING OF ~ ~077'~2' ~, FOR AN
~RC LEN~ OF ~6~ FEE[ FO A PO/N~ OF RE~RSE CURVA~R~' ~ENOE RUN NOR~ERL~ ALONG ~E ARC OF
SAiD CUR~ FO ~E LEF~ HA~NG A RADIUs OF 28~ fKE~ ~ROUGH A CEN~AL ANGLE OF I~2'1~
SUBFENDEO BY A CHORD OF 74.~7 FEET Ar A BEARING OF ~ 08~7~8" ~, FOR AN ARC LENG~ OF 75.~ ~ET
~0 ~E END OF SAID CUR~' ~HENCE N 0~7B'02" ~, A DISTANCE ~ ~27~1 FEE~ rO ~E PO/N~ OF BEGINNING
OF ~E PARCEL OF LAND HEREIN DESCRIBED, ~E SA~E BEING A POINT ON A CIRCULAR CUR~ CONCA~
NOR~ERLg ~OSE RADIUS POIN~ BEARS N. 08~0'~" ~, A D/SFANCE OF 3~.42 FEET ~EREFRO~' ~ENOE RUN
~S~RL~ ALONG ~E ARC OF SAID CUR~ FO ~E RIGH~ HA~NG A RADIUS OF ~6.42 FEE~ THROUGH
CEN~AL ANGLE OF ~6~2'0~ SUB~NDED BY A CHORD OF 2~0~0 ~r Ar A BEARING OF N. 79'~'~0~ ~, FOR
AN ARC LENG~ OF 2~.~ ~Er [0 ~E END OF SAID CUR~. ~ENCE ~ ~8'~8" ~, A DISTANCE OF 78.08
FEET ~0 ~E BEGINNING OF A TANGENUAL CfRCULAR CUR~ CONOA~ SOU~ERL~. ~ENCE RUN ~SERL~ ALONG
~E ARC OF SAID CUR~ TO ~E LEF~ HA~NG A RADIUS OF 22~89 ~E~ ~ROU~H A CEN~AL ANGLE OF
~0'~0'00~ SUB~NDED BY A ~HORD OF 1~8.~ ~Er AF A BEARING OF N. 76'~8'~8" ~, FOR AN ARC LENG~ OF
H9.83 F~T [0 A POIN[ ~' RE~RSE CURVA~R~. ~ENCE RUN ~S~RL~ ALONG ~E ARC OF SAID CUR~ TO
~E R/GH~ HA~NG A RADIUS OF 8~0.~2 FEE~ ~ROUGH A OEN~AL ANGLE OF 1~¥~'~ SUB~NDED BY A CHORD
OF 2~.~ FEE~ Ar A BEARING OF N. 8~7G~" ~, FOR AN ARC LENG~ OF 2~6.~7 FEET rOA POINT OF
RE~RSE CURVA~R~' ~ENCE RUN SOU~SERLg ALONG ~E ARO OF SAID CUR~ FO ~E LEF~ HA~NG A
RADIUS OF ~00 FEE~ ~ROU~H A CEREAL ANOtE OF ~'~6'~6~ SUBENDEU BY A OHORD OF 418.~6 FEET AT
A BEARING OF ~ ~7'~' ~, FOR AN ARC LENG~ ~ 458.5~ FEET ~ ~ POINr OF CO~POUND
~ENOE RUN SOU~S~RL~ ALONG ~E ARC OF SAID CUR~ ~0 rile LEF~ HA~NG A RADIUS OF I~0.00 FEE~
~ROUGH ~ CEN~AL ANGLE OF IG~'~2'~ SUB~ND~ BY A CHORD OF 4~ ~ET Ar A BEARING OF S.
~ FOR AN ARC LENG~ OF 4~ ~8 FEE[ TO ~E END OF SAID CUR~' ~ENCE ~ 0~2~8" ~ A DISTANCE
5g, 5g FEE~' ~ENOE N. ~5~2'4~" ~, A DISTANCE OF ~79.~ FEE~' ~ENCE ~ ~2~2'~5' ~, ~ DISTANCE OF
~7~ FEET FO A POIN[ ON A CIRCULAR CUR~ CONCA~ NOR~S~RL~ ~OSE RADIUS POINT BEARS N.
22~'32' ~, A DISFANCE OF ~8~.00 FEET ~ER~FR~. ~ENCE RUN NOR~EAS~RL~ ALONG ~E ARC OF SAID
CUR~ ~0 ~E LEF~ HA~NG A RADIUS OF ~8~.00 FEE~ rHROUGH A CEN~AI ANGLE ~ gg'41'1~ SUB~NDED BY
A CHORD OF 282.7~ ~E[ AT A BEARIN~ OF N. 62~8'~D" ~, FOR AN ARC LENG~ OF $2~.88 FEET ~0 A P~NT
ON A CIRCULAR CUR~ CONCA~ SOU~EASTERL~ ~OSE RADIUS PO/N[ BEARS S 72'~07~" ~, A DISTANCE OF
20t~7 FEET ~EREFRO~: ~ENCE RUN NOR~EAS[ERLY ALON~ ~E ARC OF SAID OUR~ rO THE RIOHg HA~NG A
RADIUS ~' 20~,~7 FEEL ~ROUGH A CEN[RAL ANGLE OF 87~I~7~ SUBENDED BY A CHORD OF 282.~7 FEET
A BEARING OF N. 6~5'~" ~, FOR AN ARC LEN~ OF ~2.~7 FEET ~ A POINT ON A CIRCULAR CUR~
CONOA~ NOR~S~RL~ ~OSE RADIUS POINT BEARS N ~27G~7" ~, A DISTANCE OF ~.00 FEET ~EREFRO~'
THENCE RUN NORTHE/S~RLg ALONG ~E ARC OF SAID CUR~ ~0 ~E LEF~ HA~NG A RADIUS ~ 1~.00 FEE~
~ROUGH A CEREAL ANGLE OF H~6~I~ SUB~ENDED BY A CHORD OF ~28.79 FEET ~r A BEARING OF
64'49'H" ~, FOR AN ARC LENG~ OF dgi.~4 FEEr TO A POINr OF RE~RSE CURVA~R~' ~CE RUN
'NOR~EAS~RL~ ALONG ~E ARC OF SAID CUR~ TO ~E RIGH~ HA~NG A RADIUS OF 100.00 FEE~ ~ROUGH A
GENIAL ANGLE OF ~'02~ SUB~NDED BY A CHORD OF ~8.22 FEET AT A BEARING OF ~ 2~7G~7' ~, FOR AN
ARC LENG~ OF 5~.08 FEE[ [0 A PO/N[ OF CO~POUND CURVA~RE ~ A CUR~ CONCA~ SOU~EAS~RL~.
~ENOE RUN NOR~EASERLg AL~G ~E ARC OF SAID CUR~ [0 ~E RIGH~ HA~NG A RADIUS OF 5~0,00 FEE~
~ROUGH A CEN~AL ANGLE OF 17~2~'~ SUB~NDED BY A CH~D OF ~5~.~4 ~ET Ar ~ BEARING OF
~g~8'~4' ~, FOR AN ARC LENG~ OF ~5~.~ FEET FO ~E END OF SAID CUR~' ~ENCE N. ~8'~'00' ~, A
DISTANCE OF 7~.08
(CON 11NUED)
RHODES, & RHODES LAND SURVEYINg. IN~.
FLORID~ BUSINESS AUTHORIZAUON NO. LB 689?
........ DATE _
HN SCOTT RHODES P.~M. ~SZJg
NOT VALID ~THOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
L/CENSED SURVEYOR AND MAPPER l~e~ ~--.-!_._of~
R~R. FILE. NO. 2001-544 SHEET 1 OF
OR: 2948 PG: 3486
" RHODI~S & RHODI~S LAND SURVEYINg, INC.
· ol~t Saott Ri%odam, P.$.M.o F/urm~ g. ~, ~r,, P.~,~.
PROPERTY DESCRIP IION (¢ON llNUED)
FEET TO THE BEGINNING OF A TANGENllAL CIRCULAR CURV~, CONGA VE SOUTHERLY: THENC£ RUN EASTERL Y,
ALONG ~HE ARC OF SAID CUR~E TO DiE RIGHT, HAWNG A RADIUS OF 62.00 FEET, 1HROUGH A CENTRAL ANGLE
OF BO~O'DO", SUBIENOED BY A CHORD OF B7.68 FEET AT A BEARING OF S. ?G'IS'O0' £, FOR AN ARC LENGTH
OF gT`JQ FEET TO [HE END OF SAID CURVE; THENCE S. J1'IS'OO" E., A DISTANCE OF 141. BI FEET TO THE
BEGINNING OF A TANGENUAL CIRCULAR CURVE,, CONCAVE ~ESTERL Y; THENCE RUN SOUTHERLY, ALONG THE ARC
OF SAID CURVE TO THE RIGHT, HA~NG A RADIUS OF 500.00 FEET, THROUGH A CEN1RAL ANGLE OF 26'22'0B",
SUBTENDED BY A CHORD OF 228.09 FEET AT A BEARING OF S. 18~93'56" ED FOR AN ARC LENGTH OF 2J0.11
FEET TO A POINT OF CO&tPOUND CURVA1URE k~TH A CURV~ CONCAVE NORTHWESTERLY; THENCE RUN
SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HA~NG A RADIUS OF 62.00 FEE1], THROUGH A
CENTRAL ANGLE OF 97'25'0J", SUBTENDED BY A CHORD OF 93.17 FEET AT A BEARING OF S. 43¥9'J9" ~., FOR
AN ARC lENGTH OF 105.42 FEET TO THE END OF SAID CUR~E; THENCE N 87~7'49" W., A DISTANCE OF
FEET TO THE BEGINNING OF A TANGENllAL CIRCULAR CURVE,, CONCAVE SOUTHERLY: THENCE RUN WESTERlY.
ALONG THE ARC OF SAID CURVE TO THE LEFt, HA~ING A RADIUS OF //90. DO FEEF~ THROUGH A CENTRAL ANGLE
OF I~'4171'~ SUBTENDED BY A CHORD OF J24.?B FEET AT A BEARING OF S. 84'41~5~ ~, FOR AN ARC LENGI~I
OF 325.?g FEET TO THE END OF SAID CURV~; DiENCE S. ?~'~I'00~ ~., A D/STANCE OF 20J. I0 FEET TO THE
BEGINNING OF A TANGENUA1 CIRCULAR CURVE,, CONCAVE NORTHERLY; THENCE RUN WESTERlY, ALONG THE ARC
OF SAID CURVE TO THE RIGHT, HA~NG A RADIUS OF I00.00 FEET, THROUGH A CENTRAL'ANGlE OF
SUBTENDED BY A CHORD OF 44. J5 FEET AT A BEARING OF S. 89'~g'46" ~., FOR AN ARC LENGTH OF 44.73 FEET
TO A POINT OF REVERSE CURVAIURE; [HENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFt,
HAWNG A RADIUS OF 205.00 FEET, THROUGH A CENTRAL ANGLE OF 2J~75'04", SUBIENDED BY A CHORD OF
~69.67 FEET AT A BEARING OF S. lJ~9'O0~ E., FOR AN ARC LENGTH OF 827,40 FEET TO A POINT OF REVERSE
CURVATURE; THENCE RUN NDRTHEASIERLY, ALONG THE ARC OF SAID CURVE FO THE RIGHT. tiAVING A RADIUS OF
100.00 FEET, THROUGH A CENTRAL ANGLE OF 2~7'J2', SUBTENDED BY A CHORD OF 44. J5 FEET AT A BEARING
OF N. 64~9274" E., FOR AN ARC LENGTH OF 44.?3 FEET TO THE END OF SAID CURVE,; THENCE N. 7651'00" E., A
DISTANCE OF 20~. I0 FEET TO THE BEGINNING OF A TANCENllAL CIRCULAR CURVE,, CONCAVE SOUTHERLY; THENCE
RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHI~, HAWNG A RADIUS OF 840.00 FEET, N-IROUGH A
CENTRAL ANGLE OF ~5'41'~1", SUBTENDED BY A CHORD OF 229.26 FEET AT A BEARING OF N. ~4'4~'~~ E., FOR
AN ARC LENGTH OF 229.97 FEET TO THE END OF SAID CURV~; THENCE S. 87'27'49" E., A D/STANCE OF 280.84
FEET TO A POINT ON A CIRCULAR CUR~5~, CONCAVE NORTHEASTERLY, ~YrtOSE RADIUS POINT BEARS N.
~, A DISTANCE OF 2~5.00 FEET THEREFROm,. THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO
THE LEFT, HA~NG A RADIUS OF 2~6.00 FEET, THROUGH A CENTRAL ANGLE OF 14~J'47", SUBTENDED BY A CHORD
OF 62. B4 FEET AT A BEARING OF ~ 27'2~'1B" E, FOR AN ARC LENGTH OF 52?7 FEET TO THE END OF SAID
CURV~; THENCE S. 34'2472" E., A DISTANCE OF $£36 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR
CURV~, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG 1HE ARC OF SAID CURVE TO THE RIGHT, HA~ING A
RADIUS OF 25,00 FEET, THROUGH A ~ENTRAL ANGLE OF 77'59'JJ", SUBTENDED BY A CHORD OF 31.46 FEET Ar A
BEARING OF S. 04'$5'J5" W., FOR AN ARC LENGTH OF 34.03 FEET TO A POINT OF REVERSE CURVAIURE; THENCE
RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAWNG A RADIUS OF 285.00 FEE~, THROUGH
A CENTRAL ANGLE OF 40~7'19'~ SUBTENDED BY A CHORD OF lCd. JO FEET AT A BEARING OF S. 25'26'41"
FOR AN ARC LENGTH OF 200, 40 FE~T TO THE END OF SAID CURV~; THENCE S. 0378'02' ~., A D/STANCE OF
iiI. O0 FEET TO THE POINT OF BEGINNING.
CONTAINING ~7§, ~6 SQUARE FEET DR 22.~ ACRES, ~ORE OR tESS.
SUBJECT ~0 EASE~(ENTS, RES[R/CllONS AND/OR RESERVATIONS OF RECORD.
BEARINGS SHO~N HEREON REFER ?0 ~HE ~ESTERLY RIGHr-OF ~AY L/NE OF ~rA~ RO~D ~5~ AS
BEING SOU~ 00'5~'~" ~S~
RHODE~ ~ RHODkS LAND SUR~NG, /N~
~ORID4 BUSINESS AU~ORIZADON NO. LB ~8~7
NOT VALID ~THOU? THE STGNA1URE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA EXHIBIT "
LICENSED SURVEYOR AND blAPPER I~!~, 2. of 2~
Rd~R. FILE. NO. 2001-544 SHEET 2 OF' ,3
*** OR: 2948 PG: 3487 ***
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£~3
PROJECT: CLASSICS PLANTATION ESTATES AT LELY RESORT
DONATION AGREEMENT
THiS DONATION AGREEMENT is made and entered into by and between Commercial
Properties Southwest, Inc., a Florida corporation, as successor by merger to Eagle
Consolidated, Inc., a Florida corporation, (hereinafter referred to as "Grantor"), and the Lely
Resort Master Property Owners Association, Inc., a Florida not-for-profit corporation,
(hereinafter referred to as "Association"), and COLLIER COUNTY a political subdivision of
the State of Florida, (hereinafter referred to as "Grantee"), whose mailing address is 3301
Tamiami Trail East, Naples, Florida 34112.
WiTNESSETH:
WHEREAS, Grantor is the owner in fee simple of the real property described in
Exhibit "A" (hereinafter referred to as the "Servient Estate"), and Exhibit "B" attached
hereto and hereby incorporated herein.
WHEREAS, the Association is the entity responsible for the operation and
maintenance of drainage and water management facilities constructed within portions of the
Lely Resort subdivision.
WHEREAS, Grantor desires to grant to County, a drainage easement for the non-
exclusive right to enter upon and to maintain water management and drainage facilities,
structures and improvements in, on and over the area described in Exhibit "B" attached
hereto and hereby incorporated herein, and hereinafter referred to as the "Easement Tract".
WHEREAS, Grantor recognizes the benefit to Grantor and desires to convey the
Property to the Grantee for the stated purposes, on the terms and conditions set forth herein,
said terms including that no compensation shall be due and payable for the Easement Tract;
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:
1. Each of the foregoing recitals is incorporated herein by reference as an
agreement of the parties.
2. Grantor shall convey to Grantee a non-exclusive drainage and water
management easement ("Easement") to enter upon and to maintain, construct and install
water management and drainage facilities, structures and improvements in, on and over the
Easement Tract, at no cost to Grantee.
3. The parties acknowledge and agree that, if the land described in the Easement
Tract is ever platted and a similar drainage easement which includes the Easement Tract is
granted in such plat, then this Easement shall expire upon the recording of such plat and
shall be void and of no further effect. If requested by Grantor, Grantee shall execute any
instruments for recordation evidencing expiration of this Easement.
4. The parties further acknowledge and agree that the drainage facilities located
within the Easement Tract shall be maintained and repaired, including replacement as
necessary, by the Association.
5. This Agreement shall be bind and inure to the parties, their respective heirs,
successors, assigns, grantees, and legal representatives and shall run with the land in
perpetuity.
6. Grantor covenants that it has the right to convey this Easement and that Grantee
and their successors and assigns shall have quiet and peaceful use, enjoyment and
possession of said Easement.
7. Prior to Closing, Grantor shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Property upon their recording
in the public records of Collier County, Florida. Grantor shall provide such instruments,
properly executed, to Grantee on or before the date of Closing.
8. 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 Grantee executes this Agreement;
provided; however, that Grantee 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
Grantee's enjoyment of the Property.
9. Grantor is aware and understands that this Agreement is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
10. Grantor represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws; that no
hazardous substances have been generated, stored, treated or transferred on the Property
except as specifically disclosed to the Grantee; that the Grantor has no knowledge of any
spill or environmental law violation on any property contiguous to or in the vicinity of the
Property to be conveyed to the Grantee, that the Grantor has not received notice and
otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened
environmental lien against the Property or c) any lawsuit, proceeding or investigation
regarding the generation, storage, treatment, spill or transfer of hazardous substances on the
Property. This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
11. Grantor shall indemnify, defend, save and hold harmless the Grantee against and
from, and to reimburse the Grantee 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 Grantee by reason or
arising out of the breach of Grantor's representation under Section 10. This provision shall
survive Closing and is not deemed satisfied by conveyance of title.
12. The Grantor shall pay for all costs of recording the conveyance instrument, and
recording costs for any curative instruments, in the Public Records of Collier County, Florida.
All other costs associated with this transaction including but not limited to transfer,
documentary and intangible taxes shall be borne and paid by Grantor. An attorney's opinion
of title shall be provided by Grantor.
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 Grantor is contingent upon no other provisions,
conditions, or premises other than those so stated above; 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.
15. If the Grantor holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Grantor 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 Grantee, 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
I.~. WITNESS WH_E.REOF, the parties have executed this instrument as of the
day of ",2-,~ ¢~ ~ f" ~ 2001.
Date Property acquisition approved by BCC:
AS TO GRANTEE:
DATED~
ATTEST: ..
DWIGHT E. ~I~,I~CK Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JA----~~rman
AS TO GRANTOR:
Witness
PYmted Name
Printed Name
Commercial Properties Southwest, inc.,
a Florida corporation, as successor by merger
to Eagle Consolidated, Inc., a Florida
corporation
By:,//~d/~¢/Z~,_~J d~-~
Margri~t-de ~._ange, President
STATE OF
COUNTY OF{,J')~ ~t
The fore, going Donation Agreement was acknowledged before me this ~ day of
T"~~ , 2001, by Margriet De Lange, President, on behalf of Commercial
¢'~'operties Southwest, Inc., a Florida corporation, as successor by merger to Eagle
Consolidated, Inc., a Florida corporation, who is pe_r_sonally known to~3:~e-or who has
produced as identification.
(Affix notarial seal)
AS TO ASSOCIATION
Witness
i~ted Name'"
Witness
Printed Name
,~ (..S.ig.nat u re~ _N.otan/).. _
OVVIt .)OtVIO O r3
(Print Name of~ota~
MY C°mmissi°n Exp~% ~ O~
Lely Resort Master Property Owners
Association, Inc. a Florida not-for-profit
corporation
~¢oseph Ry,Cnj President
STATE OF
COUNTY OF
~The fo~'egoin_q Donation Agreement was acknowledged before me this ?Jr_-') day of
(~(6~'d~"-- , 2001, by Joseph Ryan, President, on behalf of Lely Resorts Master
Property Owners Association, Inc., a Florida not-for-profit corporation, who is personally_.
known to me or who has produced as identification.-
(Affix notarial seal)
[/~l~Sc~atu reef Notary./
(Print Name of ~ot2n~
Commission ~
My Commission Expire~:
Approved as to form and
legal sufficiency:
Ellen T. Chadw~ll
Assistant County Attorney
EXHIBIT
DESCRIPTION
A PORTION OF SECTION 27, TOWNSHIP 50 SOUTH, R3~NGE 26 EAST, COLLIER
COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEASTERLY MOST CORNER OF GRAND LELY DRIVE, LELY
RESORT, PHASE 1, AS RECORDED IN PLAT BOOK 16, PAGES 87-99 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, SAID POINT BEING THE BEGINNING OF A
CURVE, CONCAVE NORTRWESTERLY; THENCE THE FOLLOWING FOUR (4) COURSES AND
DISTANCES ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID GRAND LELY DRIVE;
COURSE NO. 1: SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT,
HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90°00'09''
SUBTENDED BY A CHORD OF 35.36 FEET AT A BEARING OF SOUTH 45o51'45'' WEST,
FOR AN ARC LENGTH OF 39.27 FEET TO THE END OF SAID CURVE; COURSE NO 2:
NORTH 89°08'10" WEST, 210.00 FEET TO THE BEGINNING OF A TANGENTIAL
CIRCULAR CURVE, CONCAVE NORTHERLY; COURSE NO. 3: WESTERLY, ALONG THE ARC
OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 779.00 FEET, THROUGH A
CENTRAL ANGLE OF 12°33'54", SUBTENDED BY A CHORD OF 170.49 FEET AT A
BEARING OF NORTH 82°51'13" WEST, FOR AN ARC LENGTH OF 170.84 FEET TO A
POINT OF REVERSE CURVATURE; COURSE NO. 4: WESTERbY, ALONG THE ARC OF
SAID CURVE TO THE LEFT, HAVING A RADIUS OF 745.00 FEET, THROUGH A
CENTRAL ANGLE OF 07°01'16'', SUBTENDED BY A CHORD OF 91.24 FEET AT A
BEARING OF NORTH 80°04'54" WEST, FOR AN ARC LENGTH OF 91.30 FEET TO THE
POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED AND A POINT OF
COMPOUND CURVATURE; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE TO THE
LEFT, HAVING A RADIUS OF 745.00 FEET, THROUGH A CENTRAL ANGLE OF 05°
32'38", SUBTENDED BY A CHORD OF 72.06 FEET AT A BEARING OF NORTH 86°
21'51" WEST, FOR AN ARC LENGTH OF 72.08 FEET TO THE END OF SAID CURVE;
THENCE NORTH 89°08'11'' WEST, 16.92 FEET TO THE BEGINNING OF A TANGENTIAL
CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY, ALONG THE ARC OF
SAID CURVE TO THE LEFT, HAVING A RADIUS OF 745.00 FEET, THROUGH A
CENTRAL ANGLE OF 06°27'19'', SUBTENDED BY A CHORD OF 83.89 FEET AT A
BEARING OF SOUTH 87°38'11'' WEST, FOR AN ARC LENGTH OF 83.94 FEET TO A
POINT OF CUSP WITH A CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY,
ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET,
THROUGH A CENTRAL ANGLE OF 77°55'08", SUBTENDED BY A CHORD OF 31.44 FEET
AT A BEARING OF NORTH 45°26'57" EAST, FOR AN ARC LENGTH OF 34.00 FEET TO
A POINT OF COMPOUND CURVATURE WITH A CURVE, CONCAVE WESTERLY; THENCE
NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF
1,691.58 FEET, THROUGH A CENTRAL ANGLE OF 01°59'04'', SUBTENDED BY A
CHORD OF 58.59 FEET AT A BEARING OF NORTH 05°29'51" EAST, FOR AN ARC
LENGTH OF 58.59 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHERLY,
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 166.67
FEET, THROUGH A CENTHAL ANGLE OF 11°33'47", SUBTENDED'BY A CHORD OF
33.58 FEET AT A BEARING OF NORTH 10°17'13" EAST, FOR AN ARC LENGTH OF
33.64 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHERLY, ALONG THE
ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 283.33 FEET, THROUGH A
CENTRAL ANGLE OF 15°12'15", SUBTENDED BY A CHORD OF 74.97 FEET AT A
BEARING OF NORTH 08o27'58" EAST, FOR AN ARC LENGTH OF 75.19 FEET TO THE
END OF SAID CURVE; THENCE NORTH 03°18'02" EAST, 238.91 FEET TO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE
NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS
OF 285.00 FEET, THROUGH A CENTRAL ANGLE OF 40°17'19", SUBTENDED BY A
CHORD OF 196.30 FEET AT A BEARING OF NORTH 23°26'41'' EAST, FOR AN ARC
LENGTH OF 200.40 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHERLY,
ALONG THE ARC OF SAID CURVE TO THE LEFT, RAVING A RADIUS OF 25.00 FEET,
THROUGH A CENTRAL ANGLE OF 77o59'33", SUBTENDED BY A CHORD OF 31.46 FEET
AT A BEARING OF NORTH 04°35'35'' EAST, FOR AN ARC LENGTH OF 34.03 FEET TO
THE END OF SAID CURVE; THENCE NORTH 34°24'12'' WEST, 31.38 FEET TO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE
NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS
OF 215.00 FEET, THROUGH A CENTRAL ANGLE OF 14o03'47"' SUBTENDED BY A
CHORD OF 52.64 FEET AT A BEARING OF NORTH 27o22,18', WEST, FOR AN ARC
LENGTH OF 52.77 FEET TO THE END OF SAID CURVE; THENCE NORTH 87027,49',
WEST, 280.84 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE,
CONCAVE SOUTHERLY; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE TO THE
LEFT, HAVING A RADIUS OF 840.00 FEET, THROUGH A CENTRAL ANGLE OF 15°
41'11", SUBTENDED BY A CHORD OF 229.26 FEET AT A BEARING OF SOUTH 84°
41'35" WEST, FOR AN ARC LENGTH OF 229.97 FEET TO THE END OF SAID CURVE;
THENCE SOUTH 76o51'00', WEST, 203.10 FEET TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY,
ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 100.00 FEET,
THROUGH A CENTRAL ANGLE OF 25o37'32,,, SUBTENDED BY A CHORD OF 44.35 FEET
AT A BEARING OF SOUTH 64o02'14', WEST, FOR AN ARC LENGTH OF 44.73 FEET TO
A POINT OF REVERSE CURVATURE; THENCE NORTHERLY, ALONG THE ARC OF SAID
CURVE TO THE RIGHT, HAVING A RADIUS OF 205.00 FEET, THROUGH A CENTRAL
ANGLE OF 231o15'04,,, SUBTENDED BY A CHORD OF 369.67 FEET AT A BEARING OF
NORTH 13o09,00', WEST, FOR AN ARC LENGTH OF 827.40 FEET TO A POINT OF
REVERSE CURVATURE; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE TO THE
LEFT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 25°
37'32", SUBTENDED BY A CHORD OF 44.35 FEET AT A BEARING OF NORTH 89°
39'46" EAST, FOR AN ARC LENGTH OF 44.73 FEET TO THE END OF SAID CURVE;
THENCE NORTH 76o51,00. EAST, 203.10 FEET TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY, ALONG THE
ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,190.00 FEET,
THROUGH A CENTKAL ANGLE OF 15o41'11., SUBTENDED BY A CHORD OF 324.78
FEET AT A BEARING OF NORTH 84o41,35', EAST, FOR AN ARC LENGTH OF 325.79
FEET TO THE END OF SAID CURVE; THENCE SOUTH 87o27'49', EAST, 39.96 FEET
TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY;
THENCE NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A
RADIUS OF 62.00 FEET, THROUGH A CENTP~AL ANGLE OF 97o25'03.' SUBTENDED BY
A CHORD OF 93.17 FEET AT A BEARING OF NORTH 43o49,39', EAST, FOR AN ARC
LENGTH OF 105.42 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE,
CONCAVE WESTERLY; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE
LEFT, HAVING A RADIUS OF 500.00 FEET, THROUGH A CENTRAL ANGLE OF 26°
22'08", SUBTENDED BY A CHORD OF 228.09 FEET AT A BEARING OF NORTH 18°
03'56" WEST, FOR AN ARC LENGTH OF 230.11 FEET TO THE END OF SAID CURVE;
THENCE NORTH 31o15'00" WEST, 6.79 FEET; THENCE NORTH 58o45'00, EAST,
150.00 FEET; THENCE NORTH 31o15~00. WEST, 12.03 FEET; THENCE NORTH 58°
45'00" EAST, 50.00 FEET; THENCE SOUTH 31015'00', EAST, 18.81 FEET TO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE
SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
700.00 FEET, THROUGH A CENTRAL ANGLE OF 32o06'50,, SUBTENDED BY A CHORD
OF 387.23 FEET AT A BEARING OF SOUTH 15011'35', EAST, FOR AN ARC LENGTH
OF 392.35 FEET TO THE END OF SAID CURVE; THENCE SOUTH~ 00o51,50,, WEST,
221.61 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE
EASTERLY; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 185.00 FEET, THROUGH A CENTRAL ANGLE OF 35o16'02,,,
SUBTENDED BY A CHORD OF 112.08 FEET AT A BEARING OF SOUTH 16o46,11',
EAST, FOR AN ARC LENGTH OF 113.87 FEET TO THE END OF SAID CURVE; THENCE
SOUTH 34o24,12', EAST, 74.87 FEET TO THE BEGINNING OF A TANGENTIAL
CIRCULAR CURVE, CONCAVE NORTHERLy; THENCE EASTERLY, ALONG THE ARC OF
SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL
ANGLE OF 90 °00'00", SUBTENDED BY A CHORD OF 35.36 FEET AT A BEARING OF
SOUTH 79o24'12', EAST, FOR AN ARC LENGTH OF 39.27 FEET TO THE END OF SAID
CURVE; THENCE SOUTH 34o24,12', EAST, 84.93 FEET; THENCE SOUTH 55o35,48',
WEST, 77.00 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE,
CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE
TO THE LEFT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF
56°21'28", SUBTENDED BY A CHORD OF 188.89 FEET AT A BEARING OF SOUTH 27°
25'04" WEST, FOR AN ARC LENGTH OF 196.73 FEET TO THE END OF SAID CURVE;
EXHIBIT
THENCE SOUTH 00o45'40" EAST, 278.93 FEET TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE SOUTHERLy, ALONG THE
ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1,703.50 FEET, THROUGH
A CENTRAL ANGLE OF 03o33'29", SUBTERrDED BY A CHORD OF 105.77 FEET AT A
BEARING OF SOUTH 02o32'24'' EAST, FOR M ARC LENGTH OF 105.78 FEET TO A
POINT OF COMPOUND CURVATURE WITH A CURVE, CONCAVE NORTHEASTERLY; THENCE
SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS
OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 79o16'24'', SUBTENDED BY A
CHORD OF 31.90 FEET AT A BEARING OF SOUTH 43o57'20'' EAST, FOR AN ARC
LENGTH OF 34.59 FEET TO THE POINT OF BEGIkrNING.
CONTAINING 547,191 SQUARE FEET OR 12.562 ACRES, MORE OR LESS.
PROPERTY DE$¢RIP llON
A PORDON OF SEC1TON £7, TO~VSHIP $0 SOUTH, RANGE £6 EAST. COlliER COUNTY. FlORiDA. BE/ND MORE
PARllCUIAR1Y DESCRIBED AS FOLLOWS..
COk/k/ENCE AT THE NORTHEASTERly/~OST CORNER OF GRAND 1ElY DRIVE,, LElY RESORT` PHASE 1, AS RECORDED
iN PlAT BOOK I~, PACES 87-99 OF DIE PUBUC RECORDS OF COLUKR COUNTY, F~ORIDA, SAID POINT BEING THE
BEGINNING OF A CURV~, CONCAVE NORTHWESTERL ~ THENCE THE FOLLOk~NO SIX (~) COURSE AND DIS?ANCES
ALONG THE NORTHERLY RiGHT-OF-WAY lINE OF SAiD GRAND lElY DRIVE,; COURSE NO 1: THENCE SOUTHWESTERlY,
ALONG DiE ARC OF SAiD CURVE TO THE RIGHT` HA~IN¢ A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF
gO~90'og~, SUBTENDED BY A CHORD OF $5. J~ FEET AT A BEARING OF S. 45'~1',t5' W., FOR AN ARC lENGTH OF
~9.27 FEET TO THE END OF SAiD CURVE; COURSE NO 2: N. 89~8'I0~ VI, 210.00 FEET TO THE BEGiNNiNG OF A
TANGENTIAL CiRCUlAR CURV~, CONCAVE NORTHERLY; COURSE NO. ~' THENCE RUN WESTERLY. ALONG THE ARC OF
SAiD CURVE TO THE RIGHT` HA~NG A RADIUS OF 779.00 FEET, THROUGH A CENTRAl ANGLE OF
SUBTENDED BY A CHORD OF 170.49 FEET AT A 8EARING OF N. 82'~1'1~T' VI, FOR AN ARC LE~VOTH OF ~70.~4 FEET
TO A POINT OF REVERSE CURVATURE; COURSE NO. ~: THENCE RUN WESTERlY. ALONG THE ARC OF SAiD CURVE TO
THE lEFT, HA~NO A RADIUS OF 7~5.00 FEET' THROUGH A CENTRAL ANGLE OF 12'~'~', SUBTENDED BY A CHORD
OF ~6J. 05 FEET AT A BEAR/NO OF PZ ~72'~'13~ ~, FOR AN ARC lENGTH OF 1~.I. LY8 FEET TO lite END OF SAiD
CURVE,,. COURSE NO 5: N. ~79'08'10' ~K, ~.92 FEET TO THE BEGINNING OF A TANOENIIAI CIRCULAR CURVE,,
CONCAVE SOUTHERlY.. COURSE NO. 8: THENCE RUN WESTERlY. ALONG DIE ARC OF SAiD CURVE TO THE lEFT`
HA~NO A RADIUS OF ?~5.00 FEET, THROUGH A CENTRAL ANGLE OF 0~'27'Ig", SUBTENDED BY A CHORD OF
FEET AT A BEARING OF ~ 87'3B'I1' Vt., FOR AN ARC LENGTH OF 8~.94 FEET TO A POINT OF CUSP ~TH A CURVE,,
CONCAVE NORTHWESTERI ~ THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAiD CURVE TO THE lEFT, HA~NO A
RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 77'~5'08'~ SUBTENDED BY A CHORD OF ~1.44 FEET AT A
BEAR/NO OF N. 45'2~'57' K., FOR AN ARC lENGTH OF ~.00 FEET TO A POINT OF COMPOUND CURVATURE H4TH A
CURVE,, CONCAVE WESTERLY: THENCE RUN NORTHERLY. ALONG THE ARC OF SAID CURVE TO THE LEFT, HA~ING A
RADIUS OF 1,6gLS8 FEET, THROUGH A CENIRAL ANGLE OF 01'~9'04'~ SUBTENDED BY A CHORD OF 58.~9 FEET Ar
A BEARING OF N. 05'29~1" E., FOR AN ARC LENGTH OF 58.59 FEET TO A POINT OF REVERSE CURVATURE,, THENCE
RUN NORTHERLY. ALONG THE ARC OF SAID CURVE FO THE R/OHlj HA~NG A RADIUS OF I~6.~7 FEET, THROUGH A
CENTRAL ANGLE OF 11'$~'47", SUBTENDED BY A CHORD OF ~$.58 FEET AT A BEAR/NO OF N. 10'17'12~ E., FOR AN
ARC LENGIH OF 3~.64 FEET TO A POINT OF REVERSE CURVATURE: THENCE RUN NORTHERLY. ALONG It¢E ARC OF
SAID CURVE TO THE LEFT, HA~NO A RADIUS OF 26~.~ FEET, THROUGH A CENTRAL ANGLE OF
SUBTENDED BY A CHORD OF 74.97 FEET AT A BEAR/NO OF N~ 08'27'S8" E., FOR AN ARC LENGTH OF 75.19 FEET
TO THE END OF SAID CURVE,,. THENCE N. 0~'18'02" E,, A DISTANCE OF 12Z91 FEET, TO THE POINT OF BEGINNING
OF THE PARCEL OF LAND HEREIN DESCRIBED, THE SA~E BEING A POINT ON A CIRCULAR CURVE,, CONCAVE
NORTHERL Y, WHOSE RADIUS POINT BEARS N. 08~0'~" VI, A DISTANCE OF ~JB. 42 FEET THEREFROM,. THENCE RUN
WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HA~qNO A RADIUS OF ~.42 FEET` THROUGH A
CENTRAL ANGLE OF ~6'~2'0~~, SUBTENDED BY A CHORD OF 2~0.90 FEET AT A BEARING OF N. 79'44'50~ VI, FOR
AN ARC LENGTH OF 214.5! FEET TO THE END OF SAiD CURVE,,. THENCE N. 61'28'48" Vt. A DISTANCE OF 7B. 08
FEET TO THE BEGINNING OF A TANOENl~AL CIRCULAR CURVE', CONCAVE SOUTHERLY.. THENCE RUN WESTERLY, ALONG
THE ARC OF SAID CURVE TO THE LEFT, HA~NO A RADIUS OF 22~.89 FEET, THROUGH A CENTRAL ANGLE OF
~O'40'O0", SUBTENDED BY A CHORD OF 11~.4! FEET AT A BEARING OF N. 76'4~'48" Vt., FOR AN ARC LENGTH OF
119.8~ FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN WEStERlY. ALONG I~tE ARC OF SAID CURVE TO
THE RIGHT, BA~NG A RADIUS OF 860.12 fEET, THROUGH A CENTRAL ANGLE OF 15'44'4~', SUBTENDED BY A CHORD
OF 2~5.~ FEET At A BEARING OF N. 84'15'23" Vi, FOR AN ARC LENGTH OF 2~6.~7 £~ET FO A POINT OF
REVERSE CURVATURE'. THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HA~ND A
RADIUS OF ~I~.00 FEET, THROUGH A CENTRAL ANGLE OF 8~'56'48'~ SUBTENDED BY A CHORD OF 418.~6 FEET AT
A BEARING OF ~ ~1'~7'~" ~, FOR AN ARC LENGTH OF 458.59 FEET TO A POINT OF COMPOUND CURVATURE;
THENCE RUN SOUTHWESTERLY. ALONG THE ARC OF SAID CURVE TO THE LEFT` HA~NO A RADIUS Of' 150.00 FEET`
THROUGH A CENTRAL ANGLE OF f~'~6'$2'~ SUBTENDED BY A CHORD OF 4~.~ FEET AT A BEARING OF S.
W, FOR AN ARC LENGTH OF 4~48 FEET TO THE END OF SAID CURVE,; THENCE S. 0~}2'~8" ~, A D/STANCE OF
$9.59 FEET; THENCE N. 15'52'4g' Vi, A DISTANCE OF Jig. 5! FEET; THENCE N. ,~2'~2'45" Vi, A DISTANCE OF
44J.?~ FEET FO A POINT ON A CIRCULAR CURVE,, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N.
22~g'~2" E., A DISTANCE OF 185.00 FEET THEREFROM,. THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID
CURVE TO THE LEFT` HA~NG A RADIUS OF I85.00 FEET, THROUGH A CENTRAL ANGLE OF 99'41'~5'~ SUBTENDED BY
A CHORD OF 282.79 FEET AT A BEARING OF N. 62~8'$$~ E., FOR AN ARC LENGTH OF $21.88 FEET TO A POINT
ON A CIRCULAR CURVE,, CONCAVE SOUTHEASTERlY. WHOSE RADIUS POINT BEARS S 72'~0'!~' E.., A DISTANCE OF
20~.~7 FEET THEREFROM,- THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HA ~NO A
RADIUS OF 203.~7 FEET, THROUGH A CENTRAL ANGLE OF 87'~1'~?", SUBTENDED BY A CHORD OF 282.47 FEET AT
A BEARING OF N. ~1'25'~5" E., FOR AN ARC LENGTH OF $I2.17 FEET TO A POINT ON A CIRCULAR CURV~,
CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. ~27~'57~ E., A D/STANCE OF ~95.00 FEET THEREFROM;
N(ENCE RUN NORTHEASTERLY. ALONG THE ARC OF SAID CURVE TO THE LEFT. HA~INO A RADIUS OF 195.00 FEET.
THROUGH A CENTRAL ANGLE OF 114'~5'~I'~ SUBTENDED BY A CNORD OF ~28.79 FEET AT A BEARING OF N.
~4'49'11~ E, FOR AN ARC LENGTH OF ~9!.14 FEET TO A POINT OF REVERSE CURVATURE'- THENCE RUN
NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT~ HA~NG A RADIUS OF 10~00 FEET` THROUGH A
CENTRAL ANGLE OF ~1'02", SUBTENDED BY A CHORD OF 58.22 FEET AT A BEARING OF N. 24'1~'~7" E., FOR AN
ARC LENGTH OF 5~.08 FEET ?0 A POINT OF COA4POUND CURVATURE ~TH A CURVE' CONCAVE SOUTHEASTERLY..
THENCE RUN NORTHEASTERLY. ALONG THE ARC OF SAID CURVE TO THE RIGHT, HA~1NG A RADIUS OF 5!0.00 FEET,
THROUGH A CENTRAL ANGLE OF ~7'~2'3~'~ SUBTENDED BY A CHORD OF I~$.54 FEET AT A BEAR/NO OF N.
49~8'44" E, FOR AN ARC LENGTH OF !$6.~5 FEET TO THE END OF SAID CURVE; THENCE N. 58'45'00" E., A
D/STANCE OF 74.08
{CON T/NUED~
RHODES, ~ RHODES LAND SURVEYINg, /NO.
FLOR/D6 BUS/NESS AUTHOR/LA lION NO. LB ~8~7
....... DATE _
SCOTT RHODES P.S.M. ~$739
NOT VALID ~THOUT THE SiGNAl?iRE AND
THE ORIGINAL RAISED SEAL OF A FLOR/DA F-,X~-~[~r ~_~ ~'
LICENSED SURVEYOR AND /vlAPPER Page t.~f~
R~R. FILE, NO. 2001-544 SHEET 1 OF .3
t~HODES & I~HOD:g$ LAND SUI~V~YINC., INC.
FEE~ FO ~E ;EQNN/N~ OF ~ TANGEND~L C/RCUL~ CUR~ CONC~ ~OU~ERL~. ~ENC~ RUN E~L
A{ONG ~E ARO OF SAID OUR~ ~0 ~E R/GH~ HA~N~ A R~D/US OF ~.00 FEE~ ~ROUOH A OEN~AL ANGLE
OF ~0~0'00'~ SUB~NOEO BY A OHORD OF 8Z~8 FEET AT A BE~R/NO OF ~, 7~'~0~ ~, FOR AN ~RC LENO~
OF ~ FEE[ ~0 ~E ENO OF SAID OUR~' ~ENOE ~ ~/'~'00" E., A D/S[ANOE OF ~.8~ FEE~ FO
BEG/NN/N~ OF A F~NGENNAL O/ROULAR OUR~ OONOA ~ ~SFERL ~' ~OE RUN SOU~ERL ~ ALON~ ~E ARO
OF SAID OUR~ FO ~E R/GH~ HA~NO A R/O/US OF ~0000 FEE~ ~ROUGH A OEN~AL ANGLE OF
SUBTENDED ~y A OHORO OF 228.0~ FEE[ AT A BEAR/NO OF ~ ~" ~, FOR AN ~RO LENOTH OF
EE~ FO A PO/N[ OF COWPOUND CURVA~RE ~D/ A CUR~ CONC/~ NOR~S~RL~- ~ENCE NUN
SOU~SERL~ ALONO ~E ARO OF S~/D OUR~ FO ~E R/OH~ HA~NG A RADIUS OF ~2.00 FEE~
CEN~AL AN~LE OF ~7~'0~'~ SUB~NDED BY A OHORD OF ~7 FEE1- ~ ~ BEAR/NO OF S. ~'~9~ ~, FOR
AN ARO {EN~ OF ~0~.~2 FEE[ FO ~E END OF SAID OUR~' ~ENOE N, ~7~7'~" ~, A D/S~ANCE OF
FEET [0 DIE BE~/NN/N~ OF A FANOENNAL C/ROULAR CUR~ CONO/~ SOU~RL~. ~ENOE RUN
ALONG ~E ~RO OF S~/D OUR~ FO ~E LEF~ HA~N~ ~ R~D/US OF ~,~0.00 ~E~ ~ROUOH A OEN~AL ~NOLE
OF ~'~/'~/'~ SUB~NDED BY A OHORD OF ~2~.7~ FEET AT ~ BEAR/N~ OF ~ ~'~/'~' ~, FOR AN ARC LEN~
OF ~.7~ FEE[ TO ~E END OF SA/O OUR~' THENCE ~ 7~'00" ~, ~ DISTANCE OF 20~/0 FEE[ ~0 ~E
BEG/NN/N~ OF ~ [ANOENDAL CIRCULAR CUR~ OONO~ ~ NOR~ERZ ~. ~ENCE RUN ~S~RL ~ ~LONG ~E ARC
OF SAID OUR~ ~0 ~E R/GH~ HA~NO A R~O/US OF ~00.00 FEE~ ~ROUOH A OEN~AL AN~LE OF
SU~NDED BY A CHORD OF ~,~ FEET AT A BEAR/NO OF ~ 8~'~" ~, FOR AN ARO LEN~ OF
FO A PO/N[ OF RE~RSE OURVA~R~. ~ENOE RUN SOU~ERL~ ALONG ~E ARO OF SAID OUR~ TO N~E LEF~
HA~N~ A RADIUS OF ~0~.00 FEE~ ~ROUOH A OEN~L AN~LE OF 2~'0~ SUB~NDED BY ~ CHORD OF
~9.~7 FEET AF A BE~R/N~ OF ~ ~'00" ~, FOR /N ARO {ENG~ OF ~2Z40 FEET FO A POINT OF RE~RSE
CURVA~R~. ~ENOE RUN NOR[HEASERL~ ALONG ~E ~RO OF SAID CUR~ ~ DfE R/OH~ HA~NO / RADIUS OF
~00.00 FEE~ ~ROUOH A OEN~AL /ROLE OF ~7'~2~ SUBENDED BY A Q~ORD OF ~.~ FEE[ AF A BEAR/NO
OF N. ~'~" ~, FOR AN ARO LENOTH OF ~.7~ FEE[ ~ ~E END OF SAID OUR~' ~ENOE ~ 7~/'00
D/SFANOE OF 20~ ~0 ~EF ~0 ~HE BEQNN/NG OF ~ [ANOENNAL O/ROUZAR OUR~ OONOA ~ SOU~ERL ~' ~ENOE
RUN EAS~RL~ ALONG ~E ARC OF S//D CUR~ ~ ~E R/~H~ H/~NO A RADIUS OF B~O. O0 FEE~ ~NOUOH A
OEN~AL AN~LE OF /~¥~'/~'~ SUB~NDED BY A ~HORD OF ~.~ FEE[ ~[ A BE~R/N~ OF N. ~'~/~" ~, FOR
AN ARO ZENO~ ~ 2~.~7 ~EF FO THE END OF SAID OUR~' ~ENOE ~ ~7~7'~" ~, A D/SFANOE OF
~EF FO A PO/N[ ON ~ O/ROULAR CUR~ OONC/~ NOR~EASERL~ ~OSE R/D/US PO/N[ BEARS ~
~, A D/S[ANOE OF ~/~.00 ~EF THEREfOr. ~ENOE RUN SOU~EAS~RL~ ALONO ~E ARO OF SAID OUR~ ~0
~E LEF~ HA~NG A RADIUS OF 2/~.00 ~E~ ~NOUGH ~ CEN~AZ ANGLE OF ~'~7", SUB~NDED BY A CHORD
OF ~.~ ~E~ A T A BEARING OF ~. 27~2'~8" ~, FOR AN ARC LEN~ OF ~ 77 ~EF TO ~E END OF SAID
OUR~ OONOA~ ~S~RL~' ~ENOE RUN SOU~ERL~ ALONO ~E ARO ~ SAID OUR~ FO DIE R/~H~ H~N~
RADIUS OF ~.00 FEE~ ~ROUOH A OEN~L ANOLE OF 77~'~", SUB~NDED BY A OHORD OF ~.~ FEET
BEARING OF S. 0~' ~, FOR AN ARO LENO~ OF ~.0~ ~EF ~ A POINT OF RE~RSE OURVA~R~. ~ENOE
RUN SOU~S~RL~ ~LONO ~E ARO OF SAID OUR~ FO ~E LEF~ HA~NG ~ RAD/U~ OF 28~.00 FEE~ ~ROUOH
A OEN~AL /ROLE OF ~0'~7'/~ SUB~NDED ~Y A OHORD OF ~.~0 FEET AF A BEARING OF S. ~'~"
FOR AN ARO LENO~ OF 200.~0 ~ FO ~E END OF S~/D OUR~: ~ENOE ~ 0~'~8'02" ~, A DISTANCE
~,00 ~E[ [0 ~E PO/N[ OF BEO/NN/NO.
OONFA/N/NG 97D, ~ SQUARE FEE[ OR ~2.~ AORE~ ~ORE OR LES~
SUBJE¢ F FO EA SE&fEN TS, RES ?R/CllONS AND/OR RESER VA 170N$ OF REOORD.
BEAR/NOS SHO~4V HEREON REFER FO lHE ~¢ESFERLY RIGHT-OF WAY UNE OF S?AFE ROAO ~951 AS
BE/NO SOUTH 00'%/'4/" WESI:
,RHODES, ~ RHODES LAND SURVEYING, /NO.
FLOR/D~ BUS/NESS AUTHOR/Z/170N NO. LB 6897
........ DAlE
OHN SCOTT RHODES P.S.I~. J575g -
NOT VALID ~¢IT-IOUT THE SIONATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA EXHIBIT',e'"
LICENSED SURVEYOR AND blAPPER ~, z ~, ~
R&R. FILE. NO. 2001-,544 SHEET 2 OF 5
\\Sercet~cLn.CADR 14~DWG\CONST~LELY RESORT MASTERWRACT-29\2(~(! 1-544.dwg, Model, 07/20//} 1 02:38:06 PM, C.m~o n Bubble-Je! BJC-4550.pc3, Legal 8 1/2
EXHIBIT
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