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Agenda 12/12/2017 Item #16A2612/12/2017 EXECUTIVE SUMMARY Recommendation to approve an Easement Use Agreement (Agreement) for Palm River Estates Unit No. 7, Block B, Lot 5, according to the plat thereof as recorded at Plat Book 12, Pages 28 -30 of the public records of Collier County. OBJECTIVE: To approve an Easement Use Agreement between the County, the current property owners of Lot 5, Block B, Palm River Estates Unit No. 7, and the River Oaks Homeowners Association, Inc. CONSIDERATIONS: The property is located at 125 Sharwood Drive. There is a proposed pool enclosure and deck on the subject property which would result in an encroachment of 12 feet into a 20- foot Lake Access Easement. According to the dedication language on the cover sheet of the Palm River Estates Unit No. 7 plat, all streets, roads and easements shown on the plat were dedicated to the “perpetual use of the public for the purposes shown.” On Sheet 3 of the plat, there is a note which states that there is a “20’ access easement upland of the lake easement for drainage mai ntenance crews only.” The subject real property is located upland of the lake easement, and therefore there is a 20-foot access easement in favor of the public for drainage and maintenance crews only located along the rear border of the property. According to the applicant, the purpose of this Agreement is to give the property owner more room on the property to extend their pool deck to allow for a reasonably sized pool. The County has never maintained the easement, and the easement is maintained by the Homeowner’s Association. There are no drainage facilities within the easement area. Development Review has reviewed the Agreement and Exhibits and recommend approval of the Easement Use Agreement. The current owners are having the improvements installed once this Agreement is approved. FISCAL IMPACT: There is no fiscal impact associated with this action. The property owners will be responsible for the recording fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. SAS RECOMMENDATIONS: To approve the Easement Use Agreement between the County, the current property owners of Lot 5, Block B of Palm River Estates Unit No. 7, and the River Oaks Homeowner’s Association, and authorize the Chairman to execute the Agreement; and to direct the Clerk to record the Easement Use Agreement. Prepared by: John Houldsworth, Senior Site Plans Reviewer, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Easement Use Agreement and Exhibits A & B (PDF) 12/12/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.26 Doc ID: 4149 Item Summary: Recommendation to approve an Easement Use Agreement (Agreement) for Palm River Estates Unit No. 7, Block B, Lot 5, according to the plat thereof as recorded at Plat Book 12, Pages 28-30 of the public records of Collier County. Meeting Date: 12/12/2017 Prepared by: Title: Site Plans Reviewer, Senior – Growth Management Development Review Name: John Houldsworth 11/07/2017 4:57 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 11/07/2017 4:57 AM Approved By: Review: Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 11/07/2017 9:29 AM Growth Management Development Review Chris Scott Additional Reviewer Completed 11/07/2017 12:13 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 11/09/2017 10:49 AM Growth Management Department Matthew McLean Additional Reviewer Completed 11/09/2017 4:54 PM Growth Management Department James French Deputy Department Head Review Completed 11/12/2017 10:47 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 11/13/2017 9:49 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 11/14/2017 10:18 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/15/2017 8:40 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 11/15/2017 9:50 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/15/2017 4:16 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/29/2017 12:20 PM Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM 15 � 14 14 I r ZZ 23 23 2. �p UNIT UNIT 5 dV 3 PALM RIVER ESTATE UNIT 8 UNIT d UNIT 7 I UNIT I MILE 22 23 \'N 2 27 26 S_ R. S 846 (IMMOKALEE ROAD) 2c 2 m LOCATION MAP y a NOT TO SCALE vi EASEMENT USE AGREEMENT THIS EASEMENT USE AGREEMENT ("Agreement") is made and entered into this day of , 2017 by and between Peter & Janet Swinburn (Owners), the River Oaks Homeowners Association, Inc. ("Association") and the Collier County Board of County Commissioners ("County"), a political subdivision of the state of Florida. RECITALS: WHEREAS, Peter & Janet Swinburn are the record owners of the fee simple interest in and to that certain parcel of real property known as Palm River Estates Unit No. 7, Lot 5, Block B, according to the plat thereof as recorded in Plat Book 12, Pages 28-30 of the Public Records of Collier County, Florida, more specifically shown on Exhibit "A." ("Subject Property/Plat Map"); and WHEREAS, pursuant to that certain plat of Palm River Estates Unit No. 7, Plat Book 12, Pages 28-30, of the Public Records of Collier County, Florida, the County is record owner of certain non-exclusive lake access easement rights, a portion of which encumbers the Subject Property ("Easement Area"); and WHEREAS, the Easement Area is managed and maintained by the Association; and WHEREAS, the owner wishes to install a Pool and Deck on the Subject Property, resulting in a twelve (12) foot encroachment into the twenty (20) foot wide lake access easement along the northern side of the Subject Property, as shown on Exhibit "B" ("Encroachments"); and WHEREAS, the County has no present objection to the proposed use of the Encroachments within the Lake Access Easement Area, provided that Owner and the Association agree to the terms and conditions set forth below. WHEREAS, the parties to this Agreement have reached certain understandings with regard to the Encroachments and now desire to set forth their understanding in writing for recordation. NOW THEREFORE, for and in consideration of the Recitals, the sum on TEN DOLLARS ($10.00) and for other good and valuable consideration the receipt and sufficiency of which are hereby expressly acknowledged, the parties hereto agree as follows: 1. The County and the Association hereby expressly consent to the Encroachments into the Easement Area depicted on Exhibit "B". 2. Owner shall provide both the County and the Association whatever access they require to continue their non-exclusive drainage easement rights. 3. The County agrees that until otherwise notified, Owner may continue the use of the Encroachments within the Easement Area, to the extent shown on Exhibit 111311. The County retains the right, however, in its sole discretion, to demand by written request that the Encroachments be removed from the Easement Area, which Owner will do at its sole cost and expense within a reasonable time from receipt of such request. 4. Indemnification of County: Owner and the Association agree for themselves and successors and assigns that they shall release, indemnify and hold the County harmless for and against any and all obligations, claims, liabilities, expenses and/or fees (including reasonable attorney's fees and court costs) including personal injury or property damage arising out of the use of the Easement Area by the Association or Owner, their respective contractors, agents, employees or invitees at any time while the Encroachments remain within the Easement Area. Further, Owner and the Association for themselves, successors and assigns agrees to release and hold the County harmless from and against any and all obligations, claims, liabilities, expenses and/or fees (including reasonable attorney's fees and court costs) including personal injury or property damage arising out of the use of the Easement Area by the County, including but not limited to, damage which may occur to the Encroachments during the normal operation, maintenance, repair and/or replacement, as applicable, of the Easement Area and/or the improvements and/or the infrastructure, which may now or in the future be located within the Easement Area. 5. Binding Effect: This Agreement shall be binding upon the parties hereto, their respective heirs, successors and assigns forever. 6. Governing Law: This Agreement shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Easement Use Agreement to be executed as of the day, month and year as first above written. Signed, Sealed and Delivers In the presence of- Witnesses: f: (SIXL&A Pjamejn- Print Na Signature Print Name OWNE ) By: Peter Swinburn By: Rinet Swinburn 2 SAO Witnesses: Signature Attest: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legality: Scott A. Stone Assistant County Attorney RIVER OAKS HOMEOWNERS ASSOCIATION, INC. By: aren Sweatlock, President BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Penny Taylor, Chairman TRI -COUNTY ENGINEERING, INC. CIVIL E HYDROLOGIC ENGINEERS LAND SURVEYORS b PLANNERS NAPLES, FLORIDA i.L.E. Project No. 1-3068 Narcn r977 B 1 la - 22'2T - PALM RI uNly 2 LOCATION MAP NOT TO SCALE This pia[ prepared by Geake tossing C/0 TfI'COUn[y Engineering, Inc. Nlples, Florida 33940 (2) PLATBOOK, JZ -PAGE 2,B_ PALM ID VER ESTATES UNH) N(Bo 7 A SUBDIVISION IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA SHEET I OF 3 23 N MT UNIT S 3 GESTATE rB l ✓UNIT e 24 DESCRIPTION Collier coon tI. Fl. ti I, If th, SWt Ofrlda,Sdescrib,d aT folhpip s48 South, Range ZS East, Fran the Sout bWAXt corner f aid Sargon 23, run N OD°32'16'W, long the West Ilne of Section 23, for 925.41 feet t the POINT OF BEGINNING; [hence c e N 00°3x16.11, long aid I'll line, for 1532.75 feet t the IntY7 ltfun of said West line with t M sNorthwesterly extension of M South line of 'Hiking May", as Gown u tM plat of Uni[ W. 2, Palm River Estates, a ecorded n Plat Book 3.nPage 96, 'Public Records of Cult ler county; thence r n S 75'36'DO'% along said a -XION, of 'Hiking Way", for x23.95 face ou M West ]I- Of 'Old Tauri -I tai", s houn aid Plat of Unit Mo. 2 Palm River EstatesM1ence N t4"2ji'00"E, along said Nest line= for 50.00 feet; IM1ence S;75 °76'00"F, for 60.00 feet t the ars c on of tM East line of Old iamiaml Trail" and the �th 11 ofn�Vi k(ng�Hay" thence ] I4°24'00'., along tM Eazt line of OId Tamimni Trail", for 15.00 l.1, Lo tl,. ou Mrest ..A-, of Lnt 629 Ef z id Unit W. 2 Palm i r Estates; hence 3 75°36'00"E, alocpg tM outh Ilne of Bald Unit W.v2, for 390.00 feet the SDU[Muss[ rn IF Loc 602 of said Unit W. x; thence S 14°24'00'., for 100.00 feet;er fM1ence S 75°3600"E, for 130.110 feet; [Hence N 14°24'00"E, for 100.00 eet to fhe Southeast c me f said Lot 602; thence the following d distances alongrtM Booth lane of said Unit W. 2: 5 75.36'.0"E, for 650.06 feet; S 64°41'50"E, for 1)0.46 feet; N 62°45'38"E, for 151.41 f et; N B9°25'06"E, for 685.07 feet to M1e hest c that of Lot 535 A of sa'J Unit W. x; thence S 00°;4'54" fort238l- fa et to a point Palm River (Wrse Cr.ek1: tM', [M1e approximate fM1reatl f said river: N 70'12'00"E, for 32.)l N 45°24'17"E, for 242.69 feet t. a point on the Masterly bbpp00 Unit W. 1, Palm River Es fates, s r corded In Plat Book aid Public Recortls of Collier County; Mnce Southerly /ion aiof dO uestl II boand`,y f Un;t No. 1, Me fo 71-1. courses // a• _ B DO 33 33"E, r 110.00 feet Loa int of . azure; El: 5 s ayes along he arc Of a tM WrcMesq nSJin i 232.03 fee[ and ble d by alMrd having A length .f x d bearing S 34°5°1'27'. to a p In[ of tangency4 S 70?16I j(., foF 297.44 feet; S 00 33'33"E for 488.52 fee[; B 89 26'27�'�,Is o D feet; 5 00'33'33"E, for 851.28 feet to tM S.U[Mre st cL,Jvf- Unit W. I, Palm River Estates; thence S 88°51'S5'.. 1Ppng 1f I. a rallel with And 100.00 feet NO he r iv of the S._ VVVSSS"' .r.l n.. �r3r�r>rrar�rnar State of Florida ) ss County of C.IlieC.111.6 ---'IN rW. a duw lL, dd a hereby c dolt licensed a neY i cne State of Florida, do ti IT that It neve a nee tM t tie ! tM hereon described property i teat Al., CAVs a• Neplas, Me:, [ha[ the c s have been paid; aM [hat [He property is that All cu A.d by tM mortgage an s -I her d that I findmortgages are owsbn antl are true and correct. �/e /^I T. The undersigned Hereby certifies tMt it iz the 1,Ider AT a [gage u tM hereon described property and does lb, i and c tM dedication of the Iands tle•..,, ibed in t e dedication[ hereto, by the AWA.,thereof a agrees hat ne Which is dedin Official Reco tl Book"la ,[Pages 3 through $16 of the Public Accord• of Comer Count .rich, 11,e11rhe subordinated to thededications sh n Hereon. In witness WMre.f, [Id corporation Ms c sed these I. be 11,-d by i[ss Pres; dent antl att steduby its (A Sec tarytand it6 corporate seal To bafflaedhereonb arwitn he o ltof Its Board If Directors, chis y 2a iM day .f FEBRUARY , A.D.• 1976. FIRST NATIONa:_ BANK IN FORT MYERS DEDICATION Scare of Florida ) County of Collier) zz KNOW ALL NEN 11THEMPREMIIIS that Ri"' Oats ar Na>les Mc., If the lands described he retro as caused itis plat of s M1 lands to be made and does hereby dedicate tM uoads nd ee ane is as haYn hereon to the perpetual eof sihe public fors thO rposes shown. 1 I,I� /��/ /✓/r i� approved by the County Engineer, [biz /Sid day of �, 1976. This plat aop roved by the County Health DeDar[me.t t,ls 7I TN AT or n A,e c 197., Providetl that c rel wa[e ani rel s r enable and lw IndividualnPotable water Wells or individuals lbNerasyatema are permitted. (u' &t 2►" 2!. Dnty sm„tarian UNTY ATTORNEY Thplac ppproved97y the County Aft. rlrey this tlay of CORPORATE ACKNONLEDGHENT State of Florida ) County o/ Loa � ss HEREBY CERTIFY tN[Nis ay, before me an o,ri duly) Mrzed i i MStete a d County (ores 'd to t r acknnWletlgAen ts, personally appeared ,E .3 W M -W,, ke I A! N U be th< r 1ppect,,eTy of th orporae londnanedECRIETTAgY gage bTdlr j.in,ngg he Decicatio o 'ne foregosng and [herd ev allynatk.bNTAdE.d a uti D the s voluntarily u authority my v t d InYehen by sale Corp.r..... nd t.dt, the seal off ined[hereto is tM true Corporate Seal of said Cl- ­I— WITNESS my nand and official c+a�-1 �'i�'��'M1'e� 'C'.'un[y and Stare af. resold this AD d.,N. t7y of V ,t97a, ubl.�(I y Cam,ission E N oE.tGA". s, 1 �pSilre . 5MMOPCTE _ WLEOGMENT STATE OF FLORIDA 88 -UNITY.nF COLLIER) I HEREBY CERTIFY THAT ON THIS DAY, BEFORE ME, AN OFFICER DULY AUTHORIZED IN THE STATE AND COUNTY AFORESAIC TO -TAME AC KNOWLEDGMENTS, PERSONALLY A14EANEU EARL L. AWYE AND CNANLER C. BURROS, TO WE KNOWN TO BE THE PREBIppENT AND SECRETARY RESPECTIVELY OF THE CORPORATION NAME D'AS DEDICATOR ON THE "PRICING PLAT, AND THAT THEY SEVERALLY ACKNOWLEDGED EXECUTING THE SAME VOLUNTARILY UNDER AUTHORITY DULY VESTED IN THEM Ry SAI 0 CORPORATION AND THAT THE SEAL AFFIXEn THERETO IN THE TRUE CORPIRATE SEAL WITNESS. WH- AMC nifICIAL_.gEA,y. ;N THE COUNTY AND STATE AMBESAID THUS /TA_ DAY DK ArUMARIAxy- -,IST. V�.V i� NOTARY PUBLIC NY COMMISSION EXPIRES/SD , COUNTY COMMISSION APPROVAL Thisplat is apprZad in eguly, open "Oetin? of tM Board of County C.mAi ssionerz IF Collier Cotunty, Fl or ida,this .i S '^ d yy of eC� 1976, providing that thI Pla[ 1�TfTTn th -o tf1 ne Clerk Of the Circuit Court of Collier County, Florida. WILLIAM J. RE AGAR, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER,,C'UNTY, FLORIOA 1 By: c ha�.man SURVEYOR'S CERTIFICATE ITIS""' T IS XEREBY CERTIFIEO I— this plat is true antl correct and Wa eperfrau an aCtWl r ey of tM property by ne or y supervision; that ail Pernunent Reference Monuments shown hereon actual ly anis[ antl all Pe. r�Mnent Concrol Paints will a ist p o final a ceptance of the subdivision, and tMt the s veyrdafa SN'_ on this plat IOmplies with ell .f ,be r Aft,, 177. Florida 5[a[utea and [M Subdivisi.n Regulations of Collier coupty. BY: Rdew .N. Lo ssin9. Jr .k.S. rl.rid. 0.egl s[rat .n No:.85+: Bate: IT Fi __T91� FtLI NO RECORD I hereby c r ify that this plat has been enam;ned by me and [hat it rook,, in form With M e9virements of ChAPLer 77, florida Ssta[jo/t,Ee/s.(. I I—— /� til, Cbaf aftl lot filed for reco.d yt r cu i PlatthlsBook ,jZ_ Pdd.ge(s) �9of the Pubiic Records .f Coll far County, iloritla. .ILLI AN J. RE RGAN; CLERK By [)Chitin H N qo$; XM !oo Spo 9ca fil� Er rnrcouxTr exelx[[mxo, ula xAxea r1oR1oA P[9RVMY i8� IfrB TCL OM9 NO C•BOM-1 (91 - CURYE DATA Cufve 1 Radtuf Dal La AEc CN?1d T -j- 1 35.00 49 AI 00 -21.6[ 11.01 11.5) 2 MINI LS 49 21 31.45 34.04 23.24 3 15.00 41 10 24 20.5998 x0.01 10.92 54 15 00 40 48 40 If% 1143 12.33 6 x5.00 SE 56 52 2).10 xi. i9 12.45 1 60.00 24 31 26 615.1? 25.59 17.10 x 35.00 112 I2 26 6[.511 58.10 52.09 9 25.00 11 1330 }1.51 29,46 10.37 10 60.00 41 Opp 4i ,i4 43.0 11•!! I3 135 a0 11 ii 24 168.80 156.36 100.10 1 125.00 43 S1 01 95.89 93.55 50.44 EPLAI PALM RIVER ESTATES UNIT NOo 7 A SUBDIVISION IN SECTION 23, TOWNSHIP 48 S., RANGE 25 E., COLLIER COUNTY, FLORIDA. CONTAINING 165 LOTS 3HEET 3 OF 3' 9 90• _ SU0.VEYOR'S ROTES ' BASIS OF BEARINGS -ASSUMED TNERE SNALL BE A 10 FOOT NIDE EASEMENT Al- THE FRONT OF FACM LOT FOR UNOERGRWNO UTILITIES OXLY,IIMLE49 OTXCNWN80 NOTCO.1' �� o DENOTES 4'k4" CONCRETE NONUNENT (PRM) FINND. DENOTES PERMANENT CONTROL POINT (PCP) IRON NOD 5/0"x24' N_SUE„ KAP. ACCESS LOTS 13 646 BLOCK A, 19 NOR WIER MAINilNPXC! =ENT CREWS OXLYl ' 0lNOTE9 IROM fl00 FOUx0 Q "a as PERMANENT ReFERENce MoxuxeNT IPRNI 4"z4' CONC.MOXUMCNT WITH SURV-NAI. e 3 -r Z OF°:C�u'EfEf'�V \ o e *1'1275. 1 19' 8 ORAINABE CANAL /B -l- LINE a -/•E IMMOKALEE ROAD - 9. R. 3-348 I 5 a /i mss I al 1 Lj .T..• I ?y011I S4A a I LL 9 9-26 "N I Wi 100.04 I m PALM((My ��VppIEW � � y I � eIN am Ian ANT. _ I- I � 31 IN I e I I I PIPER BOULEVARD - C - i I I I 99.99' 9.00' 33 431'7' T' Y '\ SHEET 3 of PALM IREVEIR ESTATES UNI T NO. 7 --` SUBDIVISION IN SECTION 23, TOWNSHIP 48 S. RANGE 25 E., COLLIER COUNTY, FLORIDA. �- CONTAINING 16� LOTS SHEET 2 OF 3 NO. za Fa A, F Eg PEA =°P •r S>a!,_.i 4GE aR--------- -- /0'111417 EAff/IYr --dT• T.T 5wN1 4 a 7n.AJ JP MWYfA. OSE JJ✓ry STP 7•d/• F! C'e4:/fi4f/P✓ OF yCP -O.f 7PP(� PI/ SURVEYOR'S NOTES 81515 OF BE11111 - 111110 iERE SHALL BE A 10 FOOT WIDE EASENE NT ALONG HE FRONT OF EACH LOT FOR UNDERGROUND UTILITIES ONLY, O DENOTES 4"n4" CONCRETE Y,ONUN_NT (PRH) EOUNU. DENOTES PERHANENT CONTROL POINT /PCP) IRON ROD 5/8"x24" WITH SURV KAP. O REFERENCE MONVOTES MENT GREiE(MPANU) SET WITH SVRV NAP, PERMANENT NOTE: OWNERSHIP OF THE RIVERFRONT LOTS DOES NOT EXTEND BELOW THE MEAN NIGH WATER LINE (ORDINARY HIGH WATER LINE UPSTREAM OF THE WIER AT LOT20) DASHED LINES SHOWN IN THE RIVER ARE FOR COMPUTATION PURPOSES ONLY. THERE IS A 25 FOOT WIDE ACCESS EASEMENT FqT DRAINAGE MAINTENANCE CREWS ONLY UPIAND OF THE NORTH BANK OF THE RIVER. CURVE DATA Curve N Radiu• Oel La All Clwyd T -j- 1 2 25.00 49 41 00 21.68 21.01 25.00 8549 11 37.45 34.04 11.57 23.24 3 4 25. DO 47 10 34 25.00 52 30 02 20.58 22.91 20.01 22.12 10.92 12.33 5 6 25.00 40 48 40 25.00 5256 52 17.81 23.10 17.43 22.29 9.30 12.45 7 8 60.00 24 37 28 35.00 112 12 26 25.79 68.54 29.59 98.10 13.10 52,09 9 10 11 25.00 72 12 30 60,00 41 00 00 60.00 21 00 OD 31.51 42.94 21.99 29.46 42.03 21.87 16.23 22.4; 11.12 12 13 60.00 24 CO 00 125.00 77 22 24 25.13 168.80 24.95 156.26 12.75 700.10 01 14 12!.00 43 57 07 95.89 9355 NO PLATB00K._12_ PAGE 30 1� 50 roo zao r SCALE IN FEET r. iod TRI -COUNTY ENGINEERING, INC. CIVIL IS STRUCTURAL ENGINEERS LAND PLANNERS a SURVEYORS N1PLE3, FLORIDA DWO. NO. C-3068-1(21 FEBRUARY 18,1918 SNT 20F3 SXT 3OF3 SWEET INOEA SHEET 2 of ? LOT 24 NOTES: LAKE SHARWOOD X06"E 1) DIMENSIONS ARE IN FEET AND DECIMALS THEREOF EXCEPT AS SHOWN. 2) ANO S UNDERGROUND UTILITIES OR STRUCTURES WERE LOCATED EXCEPT N 3) ONLY THOSE IMPROVEMENTS WHICH ARE SHOWN WERE LOCATED THERE MAY BE OTHER IMPROVEMENTS OR ITEMS 3 3 8 OF INTEREST ON THt SUBJECT PROPERTYROOBSERVEDR 180.81' TITLE RESEARCH 4) NOCOMPANY. NO ABSTRACT THIS 46.78' OF TITLE WAS PROVIDED EXCEPT AS STATED. 5) PARCEL MAY BE SUBJECT TO OTHER EASEMENTS RESTRICTIONS, OR C 2 RESERVATIONS, THE EXISTENCE OF WHICH WERt NOT PROV DED TO THIS 310.81' COMPANY. 80.42' R.K.BURNS SURVEYING INC. LB 6133 C 3 3507 LEE BLVD. u 246 200.81' LEHIG 239 303-0764 33971 EXHIBIT 46.48' 239-303-0832 (FAX) INFO®BURNSSURVEYING.COM SHEET IOF 2 WO#:16-0278E (REV 01) 08/28/2017 THIS IS NOT A BOUNDARY SURVEY :s: SKETCH TO ACCOMPANY LAKE SHARWOOD PARCEL DESCRIPTION LAKE SHARWOOD LAKE SHARWOOD REMAINDER OF A 20' ACCESS EASEMENT (FOR DRAINAGE EKsE_IA � MAINTENANCE CREWS ONLY) n1NP`�E •s F �E V3�N� G -i-L3----.-------��----- " "o Plat No40 12�Nc�°P `. PpF J L 7 \,$ L 9 A PRS i\7, PART OF L5 C3 20' ACCESS EASEMENT m `°-PROPOSED 0 (FOR DRAINAGE � cn MAINTENANCE CREWS ONLY LOT 4 o POOL AND o- BLOCK B 1 0 CONCRETE 0 ° o LOT 6 o PATIO o 0 BLOCK Bo = o o LINE BEARING DISTANCE 3 s 0 L I N 01°08'05"W 30.00' - _ L 2 S 88'51'55"W 30.00' 3 0 L 3 N 88°51'55"E 30.00' In '" L 4 S 01°0805E 20.00' ao o w L 5 N 88°51'55"E 10.20' 00 0 0 L 6 N 01°08'05"W 9.50' 0 o 0 0 L 7 N 88°51'55"E 35.60' LOT 5 L 8 S 01°08'05"E 3.00' o Z`-10' DRAINAGE BLOCK B L 9 N 88°51 55 E 29.00 Z EASEMENT - LIO S 01'08'05"E 1.12 --;--- UT EP��MENT LII N 88°51'55"E 1.37' �� L12 S 88°51'55"W 19.80' C2 POCK' L2 -�;WOOD DRIVET 'OND �� 64HAROW-Ns? ----- -� S 88°51'55"W 635.86' LEGEND: POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT CURVE DELTA ANGLE RADIUS ARC TANGENT CHORD CHORD BEARING C 1 14°52'00" 180.81' 46.92' 23.59' 46.78' N 81°25'55"E C 2 14°52'00" 310.81' 80.65' 40.55' 80.42' S 81'25'55"W C 3 13°17'33" 200.81' 46.59' 23.40' 46.48' S 82°13'09"W PARCEL DESCRIPTION: PART OF A 20 FOOT LAKE ACCESS EASEMENT, FOR DRAINAGE MAINTENANCE CREWS ONLY, BEING A PART OF LOT 5, BLOCK B, PALM RIVER ESTATES, UNIT NO. 7, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE(S) 28 THROUGH 30, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 5, THENCE ALONG THE WEST LINE OF SAID LOT 5, N 01°08'05"W 110.00 FEET TO THE SOUTH SIDE OF A 20 FOOT EASEMENT FOR ACCESS FOR MAINENANCE CREWS ONLY; THENCE ALONG SAID SOUTH LINE OF AN EASEMENT N 88051'55"E 10.20 FEET TO A WALL AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE ALONG SAID WALL N 01008'05"W 9.50 FEET TO THE CORNER OF A WALL; THENCE ALONG A WALL N 88051'55"E 35.60 FEET TO THE CORNER OF SAID WALL; THENCE ALONG A WALL S 01008'05"E 3.00 FEET TO THE CORNER OF A WALL; THENCE ALONG A WALL N 88051'55"E 29.00 FEET TO THE CORNER OF A WALL; THENCE ALONG A WALL S 01008'05"E 1.12 FEET TO THE FACE OF SOME CONCRETE STEPS; THEN ALONG THE FACE OF SAID STEPS N 88051'55"E 1.37 FEET TO THE SOUTH LINE OF AFORESAID EASEMENT FOR ACCESS; THENCE ALONG SAID EASEMENT ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 200.81 FEET, AN ARC OF 46.59 FEET, AN INTERNAL ANGLE OF 13017'33", A CHORD OF 46.48 FEET WHICH BEARS S 82013'09"W, TO A POINT OF TANGENCY; THENCE CONTINUE ALONG SAID EASEMENT, S 88051'55"W 19.80►►����, FEET TO THE POINT OF BEGINNING. .�`S�EPHE,y��,, •;SSE N (/y •., �,� i T z'' LS -5583 THE SEAL APPEARING ON THIS �W= DOCUMENT WAS AUTHORIZED BY sr;,rE OF JOHN S. BURNS LS 5583�s, ,, E!_ORIDA ,.•``; ON 08/28/2017 WOua6-0278E (REV 01) 08/28/2017 '''pi��t•'�U?��lE'�`����, �h►�►►►� R.K.BURNS SURVEYING INC. LB 6133 .p 3507 LEE BLVD. # 246+—��--�— LEHIGH ACRES, FL. 33971 By; 239-J03-0764 PARCEL DESCRIPTION John S. Burns, Sr., PS&M LStt5583 or 239 - 303-0832 (FAX) R. K. Burns Surveying,Inc. Licensed Survey Business tt 6133 INFO®BURNSSURVEYING.CON SHEET 2 OF 2 y