Boundary Line Agreement INSTR 5551215 OR 5505 PG 3823
RECORDED 5/4/2018 10:56 AM PAGES 5
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$44.00
BOUNDARY LINE AGREEMENT
This Agreement, made the McA day of MaV , 2018, between CG II, LLC, a
Florida limited liability company, and 850 NWN, LLC, a Florida limited liability company
(hereinafter collectively referred to as "City Gate"), whose mailing address is 121 S. Main Street, Suite
500, Akron, OH 44308 and Collier County, a political subdivision of the State of Florida, (hereinafter
referred to as "County"), whose mailing address is 3335 Tamiami Trail East,Naples, FL 34112.
WHEREAS, the City Gate is the owner in fee simple of real property generally known as the
eastern portion of the North %z of Section 35, Township 49 South, Rage 26 East and which land has been
platted as City Gate Commerce Park Phase Three Plat, recorded in Plat Book 63 Page 84 et seq. of the
Public Records of Collier County, Florida (hereinafter"Parcel A"); and
WHEREAS, the County the owner in fee simple of certain real property known as the West %z of
Section 36, Township 49 South, Rage 26 East, having acquired said real property by the Special
Warranty Deed dated August 1, 2014 and recored in Official Records Book 5063, Page 2207 et seq. of
the Public Records of Collier County Florida(hereinafter"Parcel B"); and
WHEREAS, Parcel A abuts Parcel B; and
WHEREAS, the parties desire to fix and definitely establish the boundary line between the two
parcels mentioned above respectively owned by them without dispute.
NOW, THEREFORE, in consideration of the mutual promises and conveyances herein
contained, and other good and valuable consideration, the receipt of which is hereby mutually
acknowledged, the parties hereto for themselves and their heirs, legal representatives, successors and
assigns, covenant and agree as follows:
That the common boundary line between the parcels shall be deemed the Section Line, established
by the original survey, and the common boundary is established as being described as follows:
A LINE COMMENCING AT THE NE CORNER OF SECTION 35, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID CORNER BEING
COMMON WITH NW CORNER OF SECTION 36, TOWNSHIP 49 SOUTH, RANGE
26 EAST; THENCE SO0°30'14"EAST 2669.36 FEET TO THE MIDPOINT OF THE
EAST LINE OF SECTION 35 AND THE EAST '/4 CORNER OF SECTION 35,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID
CORNER BEING COMMON WITH WEST 1/4 CORNER OF SECTION 36,
TOWNSHIP 49 SOUTH, RANGE 26 EAST.
IT IS MUTUALLY AGREED AND COVENANTED that this agreement shall run with the land and
inure to the benefit of and be binding upon the parties hereto and their respective heirs, legal
representatives, successors and assigns.
In WITNESS WHEREOF, we have hereunto set our hands and seals on the date first above
mentioned.
AS TO COUNTY:
DATED: B •.''I"
ATTEST: • a BOARD OF CO T COMMIS RS
DWIGHT E. BROCK, Clerk' COLLIER C• T ', FLORID
` AMA By: A
lest as to Chairman's
0 e 'lerk Andy Solis, Chairman
Signature only.
AS TO CG II, LLC:
DATED: 5/ a/ I)
WITNESSES:
MA QS 1& 4\U C kk C.D CG II, LLC, a Florida limited liability company
(Signature)
�/ l A Van. d B , RW
I � I CVO e y�
(P ' Name) AdeJos- .h R. Weber, Vice President
(Signature)
(Printed Name)
Approved t • ega ity:
II it r
Jeffrey A. 41, .w, oilier County Attorney
PARCEL A
LEGAL DESCRIPTION
THE NORTH HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA LESS
THE WEST 100.00 FEET THEREOF FOR RIGHT-OF-WAY PURPOSES [CR-951 ROW];
AND LESS:
A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 35,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER SECTION
CORNER, COMMON TO SECTIONS 34 AND 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY FLORIDA. SAID QUARTER CORNER BEING MARKED WITH A 4"X4"
CONCRETE MONUMENT HAVING A 3-INCH BRASS CAP ATTACHED TO THE TOP
THEREOF, WITH A 3/4 INCH IRON PIPE; THENCE A LONG THE SECTION LINE BETWEEN
SAID SECTIONS 34 AND 35, NORTH 00°29'15" WEST, 1,382.43 FEET TO A POINT ON THE
CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FOR STATE ROAD
NO. 93 (1-75) SHEET 8 OF 10; THENCE ALONG SAID CENTERLINE OF THE PROPOSED
ACCESS ROAD NO. 1 NORTH 89°31'01" EAST, 100.00 FEET TO A POINT ON THE EAST
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 SAID EAST CANAL RIGHT OF WAY LINE NORTH 00°29'15" WEST, 50.00 FEET TO A
4"X4" CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF THE PROPOSED
ACCESS ROAD RIGHT OF WAY TO THE WATER TREAMENT PLANT PARCEL; AND BEING
THE TRUE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE
ALONG THE NORTH LINE OF SAID ACCESS ROAD RIGHT TO WAY NORTH 89°31'01" EAST,
456.51 FEET TO A 4"X4" CONCRETE MONUMENT MARKING THE INTERSECTION OF SAID
NORTH RIGHT OF WAY WITH THE WEST BOUNDARY LINE OF THE WATER TREATMENT
PLANT PARCEL; THENCE ALONG SAID WEST BOUNDARY LINE NORTH 00°47'14" EAST,
994.98 FEET TO AN IRON ROD ON THE WESTERLY RIGHT OF WAY OF A STRIP OF LAND
170 FEET IN WIDTH FOR A FLORIDA, POWER & LIGHT COMPANY (FP&L) RIGHT OF WAY
AS DESCRIBED IN OFFICIAL RECORDS BOOK 681, PAGE 1210, COLLIER COUNTY
RECORDS; THENCE ALONG SAID WESTERLY FP&L RIGHT OF WAY NORTH 31°30'28"
EAST, 70.02 FEET TO AN IRON ROD; THENCE CONTINUING ALONG SAID WESTERLY FP&L
RIGHT OF WAY SOUTH 58°30'03" EAST, 761.56 FEET TO A 4"X4" CONCRETE MONUMENT;
THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT OF WAY SOUTH 00°47'14"
WEST, 1,066.70 FEET TO A 4"X4" CONCRETE MONUMENT THENCE CONTINUING ALONG
SAID WESTERLY FP&L RIGHT OF WAY SOUTH 00°47'14" WEST, 332.74 FEET TO AN IRON
ROD MARKING THE INTERSECTION OF SAID WESTERLY FP&L RIGHT OF WAY WITH THE
SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF NORTHWEST QUARTER OF
SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SAID
POINT ALSO BEING THE SOUTHEAST CORNER OF THE PARCEL BEING HEREIN
DESCRIBED; THENCE ALONG SAID SOUTH LINE OF THE NORTH HALF OF THE SOUTH
HALF OF THE NORTHWEST QUARTER OF SECTION 35, SOUTH 89°04'40" WEST, 690.82
FEET TO A 4"X4" CONCRETE MONUMENT; SAID POINT BEING THE SOUTHWEST CORNER
OF THE PARCEL BEING HEREIN DESCRIBED; THENCE ALONG THE WEST BOUNDARY
C
LINE OF SAID PARCEL NORTH 00°47'14" EAST, 653.80 FEET TO A 4"X4" CONCRETE
MONUMENT MARKING THE INTERSECTION OF THE WEST BOUNDARY OF THE WATER
TREATMENT PLANT PARCEL WITH THE SOUTH RIGHT OF WAY OF THE PROPOSED
ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID
SOUTH RIGHT OF WAY SOUTH 89°31'01" WEST, 454.28 FEET TO A 4"X4" CONCRETE
MONUMENT MARKING THE INTERSECTION OF SAID ACCESS ROAD SOUTH RIGHT OF
WAY WITH THE EAST RIGHT OF WAY OF A CANAL; THENCE ALONG SAID CANAL EAST
RIGHT OF WAY NORTH 00°29'15" WEST 100.00 FEET TO THE POINT OF BEGINNING
[SOUTH COLLIER REGIONAL WATER TREATMENT PLANT].
AND LESS
A PORTION OF THE NORTH HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST;
BEING DESCRIBED AS FOLLOWS: BEGIN ON THE SOUTH LINE OF THE NORTH HALF OF
SAID SECTION 35, AT A POINT NORTH 89°00'01" EAST 100.00 FEET FROM THE
SOUTHWEST CORNER OF THE NORTH HALF OF SAID SECTION 35, THENCE RUN NORTH
00°29'15" WEST, 1,334.19 FEET, THENCE SOUTH 04°21'08" EAST, 296.92 FEET, THENCE
SOUTH 02°46'25" EAST, 750.60 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
NORTHEASTERLY HAVING A RADIUS OF 336.00 FEET, THENCE RUN SOUTHERLY ALONG
SAID CURVE 240.58 FEET, THROUGH A CENTRAL ANGLE OF 41°01'29" TO THE END OF
SAID CURVE, THENCE SOUTH 43°47'54" EAST, 94.86 FEET TO THE SOUTH LINE OF THE
NORTH HALF OF SAID SECTION 35, THENCE SOUTH 89°00'01" WEST, 206.27 FEET TO THE
POINT OF BEGINNING [I-75 ROW].
AND LESS
A PORTION OF THE NORTH HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST;
BEING DESCRIBED AS FOLLOWS;
BEGIN ON THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 35, A POINT NORTH
OF 89°00'01" EAST, 306.27 FEET FROM THE SOUTHWEST CORNER OF THE NORTH HALF
OF SAID SECTION 35, THENCE RUN NORTH 43°47'54" WEST, 94.86 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE NORTHEASTERLY HAVING A RADIUS OF
336.00 FEET, THENCE RUN NORTHWESTERLY ALONG SAID CURVE 240.58 FEET THROUGH
A CENTRAL ANGLE OF 41°01'29" TO THE END OF SAID CURVE, THENCE NORTH 02°46'25"
WEST, 750.60 FEET, THENCE NORTH 04°21'08" WEST, 296.92 FEET, THENCE NORTH
00°29'15" WEST, 85.00 FEET, THENCE NORTH 89°31'01" EAST, 64.42 FEET, THENCE SOUTH
04°21'08" EAST, 378.34 FEET THENCE SOUTH 02°46'25" EAST, 751.56 FEET, TO THE
BEGINNING OF A CURVE CONCAVE TO THE NORTHEASTERLY HAVING A RADIUS OF
266.00 FEET, THENCE RUN SOUTHEASTERLY ALONG SAID CURVE 190.46 FEET, THROUGH
A CENTRAL ANGLE OF 41°01'29" TO THE END OF SAID CURVE, THENCE SOUTH 43°47'54"
EAST, 159.68 FEET TO THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 35,
THENCE SOUTH 89°00'01" WEST, 95.40 FEET TO THE POINT OF BEGINNING [ACCESS
ROAD #1, FORMERY LANDFILL ROAD].
AND LESS:
A PORTION OF THE NORTH HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST;
DESCRIBED IN THAT CERTAIN DEED BETWEEN RICHARD K. BENNETT AS SUCCESSOR
TRUSTEE OF LAND TRUST NO. 5360, DATED THE 8TH DAY OF APRIL, 1985, RECORDED IN
OFFICIAL RECORDS BOOK 3336, PAGE 2498 ET SEQ. OF THE PUBLIC RECORDS OF
COLLIER COUNTY FLORIDA [GENERALLY KNOWN AS WESTERN PORTION OF NORTH
HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RAGE 26 EAST].
0
PARCEL B
LEGAL DESCRIPTION
THE WEST 1/2 OF SECTION 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST, LESS AND EXCEPT
THE LAND SOUTH OF THE NORTHERLY RIGHT-OF-WAY OF ACCESS ROAD NO. 1,
ACCORDING TO ROAD BOOK 3, PAGE 8, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.