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Agenda 10/27/2015 Item #16K2 10/27/2015 16.K.2. EXECUTIVE SUMMARY • Recommendation to approve a Corrective Statutory Deed from Collier County to Citygate Development LLC, which would waive the automatic phosphate, metals, minerals and petroleum reservation by virtue of Sec. 270.11(1), F.S. for the 2.226 acre parcel deeded to Citygate Development LLC in 2006 (Fiscal Impact: SO) OBJECTIVE: To obtain the Board of County Commissioners' approval of a Corrective Statutory Deed, which would waive the automatic phosphate,metals,minerals and petroleum reservation by virtue of Sec. 270.11(1),F.S. for the deeded 2.226 acre parcel. CONSIDERATIONS: Collier County entered into a Property Exchange and Design / Construction Agreement (dated July 28, 2000) which, inter alia, required the relocation of White Lake Boulevard (formerly Access Road #1 and Landfill Road) from its then location immediately adjacent to the off- ramp limited access right-of- way in the northeast quadrant of the Interstate 1- 75 / Collier Boulevard interchange, to a location immediately adjacent to the Collier County South Regional Water Treatment Plant. The County abandoned the 70' wide County Right-of-Way and deeded it to Citygate Development, LLC in exchange for the construction of and relocation of White Lake Boulevard in City Gate Commerce Center, Phase One Plat. The Statutory Deed from Collier County to Citygate Development, LLC was recorded on February 21, 2006 in OR Book 3985, Pages 3420 through 3422, Public Records of Collier County, Florida. The portion of the abandoned 70' wide County Right-of-Way in the County's Statutory Deed was then incorporated into 6 platted lots. Citygate Development, LLC is under contract to sell 3 of the platted lots. The automatic phosphate, metals, minerals and petroleum reservation in favor of Collier County by virtue of Sec. 270.11(1), F.S. is showing up as an exception to title. In order to clear title, Citygate Development, LLC respectfully requests a Corrective Statutory Deed, which would specifically waive the automatic reservation of Sec. 270.11(1). F.S. Section 270.11(1), FS provides: (1) Unless the applicable agency chooses not to reserve such interest and except as otherwise provided by law, in all contracts and deeds for the sale of land executed by the Board of Trustees of the Internal Improvement Trust Fund or by any local government, water management district, or other agency of the state, there shall be reserved for such local government, water management district, other agency of the state, or the board of trustees and its successors an undivided three-fourths interest in, and title in and to an undivided three-fourths interest in, all the phosphate, minerals, and metals that are or may be in, on, or under the said land and an undivided one-half interest in all the petroleum that is or may be in, on, or under said land with the privilege to mine and develop the same. FISCAL IMPACT: There is no fiscal impact associated with this recommendation. The property owner will be responsible for recording the statutory deed with the Clerk of Court. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. -HFAC GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. [15-0TH-00070/1214027/1] Packet Page -1610- 10/27/2015 16.K.2. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Approve this recommendation and authorize its Chairman to execute the attached corrective statutory deed on behalf of the Board; and 2. Authorize the County Manager or his designee to deliver said statutory deed to representatives of Citygate Development LLC. Prepared by: Heidi Ashton-Cicko,Managing Assistant County Attorney Attachments: 1) Statutory Deed dated February 14, 2006 2)Resolution 12-96 3)2002 vs. 2015 Aerial 4)E-Mail from Attorney Roger Rice 5)Corrective Statutory Deed [1 5-0TH-00070/1214027/1] Packet Page-1611- 10/27/2015 16.K.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.2. Item Summary: Recommendation to approve a Corrective Statutory Deed from Collier County to Citygate Development LLC, which would waive the automatic phosphate, metals, minerals and petroleum reservation by virtue of Sec. 270.11(1), F.S. for the 2.226 acre parcel deeded to Citygate Development LLC in 2006 (Fiscal Impact: $0) Meeting Date: 10/27/2015 Prepared By Name: AllenDebbie Title: Legal Office Administrator, CAO Office Administration 10/13/2015 8:38:49 AM Submitted by Title: Managing Assistant County Attorney, CAO Land Use/Transportation Name: AshtonHeidi 10/13/2015 8:38:51 AM Approved By Name: Mott Toni Title: Manager-Property Acquisition&Const M,Facilities Management Date: 10/14/2015 7:31:44 AM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 10/15/2015 2:21:08 PM Name: KlatzkowJeff Title: County Attorney, Date: 10/15/2015 2:40:34 PM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 10/16/2015 8:42:12 AM Packet Page-1612- 10/27/2015 16.K.2. Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 10/16/2015 4:27:13 PM Packet Page-1615- 10/27/2015 16.K.2. i 3788653 OR: 3985 PG: 3420 RECORDED in OFFICIAL RECORDS of COLLIER COURT!, FL PROJECT: SCRWTP Expansion 02/21/2006 at 12:25PK DWIGHT E. BROCK, CLERK EEC FBB 21.00 DOC-.10 .70 Prepar"'' ` • COPIES 3.00 ' rile . ire off -e of '..ht I. .;,.../ Attorney KISC 1.50 330i F.,st 'wi:mi Trail Retn: . • iivrida 34112 CLBRD TO THE BOARD (941) 174-8400 IRTBROFFICE 4TH FLOOR BIT 7240 STATUTORY DEED THIS DEED, made this ,d day of pE l g u At-(Z-{ , 20Ga(� by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florid94112, hereinafter referred to as "Grantor"), to CITYGATE DEVELOPMENT, LL . Wl 1••• •ited liability company (hereinafter referred to as"Grantee"). 7"V->---------- ? (Whenever used herin efm ,IL-- an "G ntee" include all the parties to this instrument and theif re pebi' ei• su cessors r assigns.) WITNESSETH th t ' Era t r, fo a a. i •n ideation of the sum of Ten Dollars, ($10.00) to it i did t . G•: _ E-r' cei t whereof is hereby ($ ) t� �.�. Y P Y acknowledged, does he \grant, bargain t seii u he Grantee, the following described land lying and b i in Collier County, onda:;-: C See Exhibit " (' ct ed hereton Dade a part hereof) i Subject to easements, es ins-a 6d reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA gt, ,� . 1 . CC e ty Clerk , Chairman Mast u to • I�r�r� s 114 i..arl;C (OFFICIAI:SEAtj� ' Approo d as to form 1 legal sufficiency - .s Assistant County Attorney Ellen T. Chadwell Packet Page -1514- ----. _ _ _ .- —.__ -._ __ 10/27/2015 16.K.2. I EXHI T__A OR: 3985 PG: 3421 Page ...&_. SECTION 35, TOANGWNE SHIP Z6 49 SOUTH, G' 44 SECTION CORNER R EAST. �- — j I QUARTER SECTION CORNER P.O.R. POINT OF BEGINNING 1 0 1 R.O.W. RIGHT-OF-WAY / \ 7S l • BREAK POINT • • NOT TO SCALE COLLIER COUNTY, FLORIDA (,oCA1lON At' 2 27 26 ;N8'111011 _ _ — �pf g _ _T � 26 34 S SOO ;E ,/- o — 35 35 ■ !-- /or, ff= '�"`- �-.,-, . 3 NB ,Y Q1 E Ci acgt,' 0 (7..cc \ I a: "2 -Ni ''-7.-\'' 11- 7,v:71 KL.,,U I 1, i IL., N 1 ° XCHANGE PA- t ei / I/ C 5'( ^ ` r, 2.226 ACRES //r 1� . IE _.. � fi PARCEL -� I CI °� . I fsl$ o R=266.00' D=41'01'29` I R=336.00' 1=190.46' I D=41'01'29" • 1=240.58' 5434754'E , t • i 156.05' 3 , 5303.79 _,_ . _ S89'00'Q1'w I ____4 35 95.40 • N43'47541 1 91.23' SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EXCHANGE EASEMENT 1" • FOfk . SCRW1'P REVERSE OSMOSIS EXPANSION SDSK PROJECT: 0051800 •COLLIER COUNTY, FLORIDA CAD FILE: 005180OA.dwg • scALE: NOTED: "nEL0 Boon N •- SHEET: N ;;; S.r.R.N. STAFF 'Y: Z ' ... DATE G. RAYMAN En lasers•5utveyocs•Mappers J08 ►,• . 07/25/2000 'CY°tW PIU& o•►weo�.bm .�Ft ORrOA RLt 005$,00 rMtsII O—na,.rA.ta,Iw�.ao...s,i..�cou� f�e 8ts2O.�� • Packet Page-1615- --- 10/27/2015 16.K.2. *** OR: 3985 PG: 3422 *** EXHIBIT._A Page? of_Z._ . LEGAL DESCRIPTION — EXCHANGE PARCEL "I` 16E . 4 A parcel of land being a portion the 70.00 foot wide landfill road Tying in Section 35, Township 49 South, Range 26 East, Collier County, Florida. Said parcel of land being more particularly described as follows: Commencing at the Quarter Corner common to Sections 34 and 35, Township 49 South, Range 26 East, Collier County, Florida, run thence NO0'29'15"W along the West line of said Section 35 o distance of 1382.43 feet to o point on the centerline of the proposed Access Rood No. 1 as shown on the State of Florida Department of Transportation Right—of—Way mop for State Rood 93 (1-75) sheet 8 of 10; thence along the centerline of the proposed Access Rood No, 1, N 8931'01"E o distance of 100.00 feet to a point on the Easterly Right—of—Way line of a canal, said point oleo being on the centerline of the proposed access rood to the Water Treatment Plant Parcel; thence along said- Easterly Right—of—Way line of sold canal SO029.157 a distance of 50.00 feet to the Southwest (SW) corner of a proposed 100.00 foot wide access road, and POINT OF BEGINNING. thence along the Southerly line of sold proposed access road N8931101"E a distance of 70.16 feet;•thence S0471'08"E o distance of 293.15 feet; thence SO2'46'25"E a distance of 751.56 feet to the point of curvature�o--'"ter o on� ' the Northeast having a radius of 266.00 feet; thence Southeasterly along the arc f s4�d e--thiC•If • al angle of 41'01'29" a distance of 190,46 to the point of ton enc t 47'54`E o dist• '-6f .05 feet to o point on the South line feet t Qo g y, of the Northwest Quarter (NWT 4)`• said Section 35; thence 9 ' 1"W along sold south line a distance of 95.40 feet; thence N43'47/7 4" o Istonce\oL9.1, 3Jeet; to he p 'nt of curvature of a curve concave to the Northeast having a rpdius of feet hence tprthwest II y Gong the arc of said curve through a central angle of 4r01'297 a • • 1-:' •f,.3 .58.• t-t, tk. •• f t ngency/ thence NO2'46'25"W a distance of 750.60 feet; t ce '21'i∎" a dt). �!o, 6,? et tb the POINT OF BEGINNING. Said herein descrbed pore n Ing 2 trek :Te or ss i i ('? \------/- i 'C'''''.„\ kk j 1 --) / _, � • 1 • SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EXCHANGE EASEMENT "I" rFOR: 5CRWTP REVERSE OSMOSIS EXPANSION • SDSK PROJECT: 0051800 COLLIER COUNTY, FLORIDA CAD FILE: 0051800A.dwg KALE NOTED: ' N.A.'FIELD BOOK N°Er: OHAMN BY: S,F,R.N. STAFF � a crrEpcEa Br: G. RAYMAN MS NI Engineers:Surveyors•Moaners ,� 6A1E: , nn,marc•n rsr rx� FL�A R.LS. t0. .00 i 07/25/2000 .,,(y,�ss-uer:rfs WMaa-"zo.wafrurem, ki�iL521533 Packet Page-1616- 10/27/2015 16.K.2. mo °m , 01 C) onm�c� mmo o01 RESOLUTION NO. 12-9 6 Z o o A RESOLUTION OF THE BOARD OF COUNTY O rP A o COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO o x o v ACKNOWLEDGE A STATUTORY DEED BETWEEN COLLIER D o 0 COUNTY AND CITYGATE DEVELOPMENT, LLC., AS i o RECORDED IN OFFICIAL RECORD BOOK 3985, PAGE 3420, m AND TO AUTHORIZE THE CLERK OF COURTS TO MAKE A m NOTATION AS NOTED BELOW IN BOLD OF THE STATUTORY N DEED ON THE PLAT AS RECORDED IN PLAT BOOK 41,PAGES 6-7 OF THE PUBLIC RECORDS OF THIS COUNTY o WHEREAS, ON February 24, 2004, the Board of County Commissioners approved the plat for City Gate Commerce Center, Phase One; and WHEREAS, Sheet 2 of the plat shows a 70' access road across a portion of Lots 7 through 12,together with a Note stating that the access road is to be abandoned;and WHEREAS, upon completion of the improvements associated with City Gate Commerce Center,Phase One,the 70' access road was in fact abandoned;and WHEREAS, on February 21, 2006, a Statutory Deed was recorded whereby Collier County conveyed those lands associated with the 70' access road to Citygate Development,LL.;and WHEREAS, Citygate Development, LLC has requested that a note be added to the original plat referencing the Statutory Deed as clarity for chain of title. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that the Clerk of Courts make appropriate notation of this acknowledgment and reference the Statutory Deed on the original plat as recorded in Plat Book 41, Pages 6-7 of the Public Records; to wit: IN ACCORD WITH THE PROPERTY EXCHANGE AND DESIGN / CONSTRUCTION AGREEMENT DATED JULY 28, 2000, COLLIER COUNTY CONVEYED BY STATUTORY DEED THE 70' WIDE COUNTY RIGHT-OF- WAY TO CITYGATE DEVELOPMENT, LLC ON FEBRUARY 14, 2006 AND THIS STATUTORY DEED IS RECORDED IN OFFICIAL RECORDS BOOK 3985, PAGE 3420 ET SEQ. OF THE PUBLIC RECORDS OF COLLIER COUNTY. Packet Page -1617- .,, 10/27/2015 16.K.2. This Resolution adopted after motion, second and majority vote favoring same, this ia-fh day of t4 LL ,2012. DATE: (q ks--)a ..)1,9--_, BOARD OF COUNTY COMMISSIONERS ATTET'.,.........., , ! COLLIER COUNTY, FLORIDA D ...: ..7iEr:.BIPC:lki*CLERK By: • „ t is , *Wile* FRED W.COYLE,CHAI N .i torr44iy.trot f i..4i; '- ..ra/i • 315,-,., ‘ Approved as to form and legal sufficiency: L,‘ItL Steven T.Williams Assistant Collier County Attorney State ot Horiaa County of COLLIER ‘.1. I HEREBY CER151Y-' qxittliis.Oiye,and correct copy of CdPer10116:9 c- Board Minufes;aCid 96i,ds.ot/Collierreounty WITNESS rri)i..Ntid' .A.OfflOiliaf ttgs,' ;•.;,..!..........<, DWIGHT E.BR 'ktroRK OFPOURT vlo !' 4I v._ JAC api ... ....r ,.. II i. ,- Packet Page-1618- 10/27/2015 16.K.2. . ,-'',t".„' 1 ill i J B m lt '‘-fi,.. :- 5 - . Z W • : ...j • ft _. • .,• .: , i t �. 3 i f:> �.O • y ._. y d ,„.7..Y I. u _ 7'n".-' ill l t ' 1 i . s,,,, ;i t * ' 0 0 itrr a . V ::/'-''''"' :::':'',,,,,,-:f.:: t ° _"`tea , ' LL1 ,,-_-_,...-.:::::'-',„ „,.„..',,,,;',,',i...,,, O ..s u.e.. PK • F. • `, m_.s ...-Tom_..,. r is . - k4c C ,er” y 7 :M ' a { „..,.. _„..„ , _ ... . ... .. . .. •...:.,.. _ ....;,:i„...-.„... . .. :: •...,.__ . • , _. ._,,,;.•_:___ g 0. • • -._ il;i „, ..:;,..„2.,.., ' ...,, ,f--,--..-_,..„„..,__..„. .L ._,...,. :..•_,,,,,.....,.. ,,,,._:,-„T.,:;.. : ,..- .--_-,,:r...,,,... _ .•_ -.. _ _ ___ ..• . -,.......: „.r•-..r.—... . :_ . --', .'... - . ._.- . Packet Page -16_9 `>>,_ = i' 10/27/2015 16.K.2. AshtonHeidi From: Roger Rice[Roger©attyrogerrice.com] Sent: Monday, September 28,2015 3:17 PM To: AshtonHeidi Cc: Genevieve Turner Subject: FW: City Gate Development, LLC-Statutory Deed from Collier County and Florida Statute 270.11 Attachments: 2002vs2012 Aerials.pdf; Statutory Deed.pdf; Executive Summary-Statutory Deed.pdf; Resolution 12-96.pdf; Collier County- Citygate Development, LLC ROW.pdf Date: September 28, 2015 To: HEIDI ASHTON-CICKO, Managing Assistant County Attorney I respectfully request a Corrective Statutory Deed from Collier County, which would waive the P Y q rY tY� automatic phosphate, metals, minerals and petroleum reservation by virtue of Sec. 270.11(1), F.S. for the deeded 2.226 acre parcel. Attached hereto please find an aerial (2002 and 2012) which shows the area. Also attached is a P ( ) copy of the February 14, 2006 Statutory Deed from Collier County to my client, Citygate Development, LLC, which was recorded on February 21, 2006 in OR Book 3985, Pages 3420 through 3422, Public Records of Collier County, Florida. Also attached are some other documents, which you may find helpful. In the interest of"public safety and improved traffic circulation", Collier County entered into a Property Exchange and Design / Construction Agreement (dated July 28, 2000) which, inter alia, required the relocation of White Lake Boulevard (formerly Access Road#1 and Landfill Road) from its then location immediately adjacent to the off-ramp limited access right-of- way in the northeast quadrant of the Interstate 1- 75 / Collier Boulevard interchange, to a location immediately adjacent to the Collier County South Regional Water Treatment Plant. The County abandoned the 70' wide County Right-of-Way and deeded it to Citygate Development, LLC in exchange for the construction of and relocation of White Lake Boulevard in City Gate Commerce Center, Phase One Plat. The portion of the 70' wide County Right-of-Way in the County's Statutory Deed was then incorporated into 6 platted lots. Rationale for Request: Florida Statute 270.11 Contracts for sale of public lands to reserve certain mineral rights; prohibition on exercise of right of entry in certain cases.— (1) Unless the applicable agency chooses not to reserve such interest and except as otherwise provided by law, in all contracts and deeds for the sale of land executed by the Board of Trustees of the Internal Improvement Trust Fund or by any local government, water management district, or other agency of the state, there shall be reserved for such local government, water management district, other agency of the state, or the board of trustees and its successors an undivided three-fourths interest in, and title in and to an undivided three- Packet Page-1620- 10/27/2015 16.K.2. fourths interest in, all the phosphate, minerals, and metals that are or may be in, on, or under the said land and an undivided one-half interest in all the petroleum that is or may be in, on, or under said land with the privilege to mine and develop the same. While it is arguable that since the Statutory Deed from Collier County to Citygate Development, LLC was culmination of an "EXCHANGE" of land and NOT the sale of land, Florida Statute 270.11 does not impose an automatic phosphate, metals, minerals and petroleum reservation. Nonetheless, to avoid any confusion and any potential title questions, Citygate Development, LLC respectfully requests a Corrective Statutory Deed, which would specifically waive the automatic reservation of Sec. 270.11(1), F.S.. Roger Roger B. Rice, Esq. Roger B. Rice, P.A. 9010 Strada Stell Court, Suite 207 Naples, Florida 34109 Phone: 239-593-1002 Fax: 239-593-1309 2 Packet Page -1621- 10/27/2015 16.K.2. PROJECT: SCRWTP Expansion CORRECTIVE STATUTORY DEED THIS CORRECTIVE DEED is executed this day of 2015, in order to correct and amend to include the Grantor's waiver of the phosphate, metals, minerals and petroleum reservation by virtue of Sec. 270.11(1), F.S. for the Statutory Deed dated February 14, 2006 and recorded on February 21, 2006 in Official Records Book 3985, at Pages 3420 through 3422, of the Public Records of Collier County, Florida. The terms and conditions of the original deed shall continue in full force and effect and are hereby ratified in their entirety, except as corrected and amended herein. This Deed, by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "Grantor"), to CITYGATE DEVELOPMENT, LLC., a Florida limited liability company (hereinafter referred to as "Grantee"). (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors or assigns.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, does hereby grant, bargain and sell unto the Grantee, the following described land lying and being in Collier County, Florida. See Exhibit "A" (attached hereto and made a part hereof) Subject to easements, restrictions, and reservations of record. *Grantor make no reservation for, and waives any reservation for, phosphate, metals, minerals and/or petroleum by virtue of Sec. 270.11(1), F.S. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: TIM NANCE, Chairman (OFFICIAL SEAL) Approved as to form and legality Assistant County Attorney Packet Page -1622- 10/27/2015 16.K.2. EXHIBIT A ., Page of_ - • - `1 (-SECTION 35, \ LEGEND . I 6 E 4 ` TOWNSHIP 49 SOUTH. r� 114 SECTION CORNER RANGE 26 EAST. 9 j ouARTER SECTION CORNER / \ P.O.B. POINT OF BEGINNING 1 R.Q.W. RIGHT—Of-WAY (,' • BREAK POINT 140T TO SCALE N \ r " COLLIER COUNTY, FLORIDA ,, 27 26 N8•11�•`E — — ___ ___ — 26 ti--? pp g� 35 35 34 ,5-5 X00 E . �N89-31'91'E o� .16 • m - ice"' ., N'� a s l NI ° EXCHANGE PARCEL "1' r- 2.226 ACRES 0 tn In WATER TREATMENT PARCEL Q1 N Q 4 C7 RA 266.0O' � D=41'O1'29' R=336.00' 1=190.46' D=4101'29" L=240.58' 543'47'54'E . 1 3 156.05 . 5303 .79 _ _ _ _ ' _ _ S89'00'Q1-W i 35 95.40 N43'4754'W 91.23' • ' SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EXCHANGE EASEMENT "1" I • FCR: 5CRWTP REVERSE OSMOSIS EXPANSJQM SDSK PROJECT: 0051800 COLLIER COUNTY, FLORIDA CAD FILE: 0051800A.dwg e 1.6 NOTED: - ■ / •t to soot( to SitEET: // N • 1.4'4'1M DI" S.F.R.N. STAFF 2 G. RAYMAN En(jf�!nears•Surveyors••Mapp1[''�ef���'r�s ��llrr JOB ►r {SATE 07 �� 200d , R1Ymfi K W CST r/u 11UO1 RO 0A t3l% -,FLORIDA R.L't. 005'IV 00 / ! ✓ ` ►N(311)(]6-I131•lAl 0119177-43p•...ormescax, f RLS203. Packet Page -1623- 10/27/2015 16.K.2. EXHIBIT_ Page_ , 16E . 4 LEGAL DESCRIPTION — EXCHANGE PARCEL t • A parcel of land being a portion the 70.00 foot wide landfill road lying in Section 35, Township 49 South, Range 26 East. Collier County, Florida. Said parcel of lond being more particularly described as follows: Commencing at the Quarter Corner common to Sections 34 and 35, Township 49 South, Range 26 East, Collier County, Florida, run thence N00'29`15"W along the West line of said Section 35 o distance of 1382.43 feet to a point on the centerline of the proposed Access Rood No. 1 as shown on the State of Florida Deportment of Transportation Right—of—Way map for State Rood 93 (1-75) sheet 8 of 10; thence along the centerline of the proposed Access Road No. 1, N 8931'01"E a distance of 100.00 feet to a point on the Easterly Right—of—Way line of a canal, said point also being on the centerline of the proposed access road to the Water Treatment Plant Parcel; thence along sold- Easterly Right—of—Way line of said canal SOO 29'15"E a distance of 50.00 feet to the Southwest (SW) corner of a proposed 100.00 foot wide access road, and POINT OF BEGINNING. thence along the Southerly line of said proposed access road N8931'01"E a distance of 70.16 feet; thence S0471'083"E o distance of 293.15 feet; thence SO2'46'25`E a distance of 751.56 feet to the point of curvature of a curve concave to the Northeast having a radius of 266.00 feet; thence Southeasterly along the arc of sold curve through a central angle of 41'01'29' a distance of 190,46 feet to the point of tangency thence S43'47'54`E o distance of 156.05 feet to a point on the South line of the Northwest Quarter (NW1/4) of said Section 35; thence S89'CO01"W along said south line o distance of 95.40 feet; thence N43'47'54'W a distance of 91.23 feet; to the point of curvature of o curve concave to the Northeast having a radius of 336.00 feet; thence Northwesterly along the arc of said curve through o central angle of 41'01'29" o dlstoncel of 240.5W feet to the point of tangency, thence N0746'25-W a distance of 750.60 feet; thence N04'21 D8'W a distance of 296.92 feet to the POINT OF BEGINNING. Said herein described parcel containing 2.226 acres more or less, • • I . • . SKETCH OF DESCRIPTION (TI-fiS IS NOT A SURVEY) EXCHANGE EASEMENT "1' fug: SCRWIP JEVERSE OSMOSIS EXPANSION SDSK PROJECT: 0051800 • COLLIER COUNTY, FLORIDA CAD FILE: 0051800A.dwg AL NOTED: 1 / "-FIELD BOOK te SHEET: 1 _ MIN ,N.A. 2 f 1 �'"" l4r: S.F".R.H. STAFF r �' 2 ( ECKEU BY: JOB tP G. RAYhi AN Er lneers:Surveyors•Mnds era �n�mor.o.a �cs+r.0 rwt fL A R.LS. l ,00 i51�T'c: 07/25/2000 « ,,.,..•i1, .,,.....,SAO„ 1 LitI ?622 J Packet Page-1624-