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Agenda 01/12/2010 Item #16B 4 Agenda Item No. 1664 January 12, 2010 Page 1 of 51 .~~"..... EXECUTIVE SUMMARY Recommendation to approve the purchase of two temporary construction easements (parcel Nos. 139TCEl and 139TCE2) and two drainage, access and maintenance easements (Parcel Nos. 139DAME and 142DAME) required for the construction of stormwater improvements known as the Lely Main Canal East-West phase of the Lely Area Stormwater Improvement Project. (LASIP Project No. 51101.) Estimated fiscal impact: $102,788.50. OBJECTIVE: To obtain the approval of the Board of County Commissioners to purchase two temporary construction and access easements (Parcel Nos. 139TCEI and 139TCE2) and two perpetual, drainage, access and maintenance easements (Parcel 139DAME and 142DAME) required for construction of the Lely Main Canal East-West phase of the LASIP project. ~ CONSIDERA nONS: The subject property is owned by Royal Palm Country Club of Naples, Inc., and is improved with a golf course, located off Rattlesnake Hammock Road within the Lely development. Parcels Nos. 139DAME and 142DAME are to be acquired for $64,700, and the temporary easements (Parcels Nos. 139TCEI and 139TCE2) are to be acquired for $12,700. These compensation amounts are at the valuation estimated by our in-house appraiser. Additionally, the Temporary Construction Easement Agreement provides for compensation of $1,200 per day, commencing on June 1,2010, for each day construction activity interferes with the play of golf on the affected fairways. This compensation is estimated to be a maximum of 21 days, or $25,200, subject to weather and operational conditions. It is not anticipated that construction activity on the subject fairways will extend past June 21,2010, and there is a one week 'free' period for the week of May 24th through 31'", 2010. We recommend approval of these agreements because: 1. Construction of this phase of the LASIP project is scheduled to commence in the dry season of2010. If these parcels are not acquired soon, it is likely that construction would have to be postponed until the following year. Permits have been in process for many years, and the completion of the project needs to proceed in a timely and sequential manner. 2. If the County were forced to take the required easements through condemnation suit, the total cost to the County may substantially exceed the negotiated amounts in these agreements, and legal and experts fees would greatly increase the expense to the County. These agreements were negotiated without incurring legal fees or expenses, and without the time delay which would be necessitated by condemnation suit. 3. We have undertaken extensive design modifications to both meet the needs and concerns of this property owner, and also to minimize environmental impacts within the project's scope. - __,' '..___..,,_~,~,_ ~_"U',~,~',""~ ,,,. " Agenda Item No. 1684 January 12, 2010 Page 2 of 51 FISCAL IMPACT: Funds in the amount of $102,788.50 will come from the Stormwater Capital Fund 325, Project No. 51101. This amount includes the purchase price for the subject parcels and $188.50, being the approximate cost of recording fees. GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient-JEW. RECOMMENDATION: That the Board of County Commissioners of Collier County: ".. 1. Approve the attached Temporary Construction Easement Agreement and Drainage, Access and Maintenance Easement Agreement; 2. Accept the conveyance of Parcel Nos. 139TCEI, 139TCE2, 139DAME and 142DAME and authorize the County Manager or his designee to record same in the public records of Collier County, Florida; 3. Authorize the payment of all costs and expenses necessary to close these transactions; 4. Authorize the County Manager or his designee to take the necessary measures to ensure the County's performance in accordance with the terms and conditions of the Temporary Construction Easement Agrecment and the Drainage, Access and Maintenance Easement Agreement; and 5. Approve any and all budget amendments which may be required to carry out the collective will of the Board. Prepared by: Paul Young, Sf. Property Acquisition Specialist, Transportation Engineering & Construction Management Attachments: (I) Temporary Construction Easement Agreement; (2) Drainage, Access and Maintenance Easement Agreement; (3) Appraisal Report; and (4) Location Map (aerial photo). """. Agenda Item No. 1684 January 12, 2010 Page 3 of 51 - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1684 Recommendation to approve the purchase of two temporary construction easements (Parcel Nos. 139TCE1 and 139TCE2) and two drainage, access and maintenance easements (Parcel Nos, 139DAME and 142DAME) required for the construction of stormwater improvements known as the Lely Main Canal East,West phase of the Lely Area Stormwater Improvement Project. (LASIP Project No. 51101.) Estimated fiscal impact: $102,788,50. 1/12/20109:00:00 AM Meeting Dale: Prepared By Paul Young Property Acquisition Specialist, Senior Date Transportation Division Transportation Engineering & Construction Management 12/9/20093:18:47 PM Approved By Caroline Soto Management/Budget Analyst Date Transportation Division Transportation Administration 12/11/200911:31 AM A pproved By Gerald Kurtz Project Manager, Principal Date .., Transportation Division Transportation Road Maintenance 12/11/20093:20 PM Approved By John Vliet Director ~ Road Maintenance Date Transportation Division Transportation Road Maintenance 12/15/200911:11 AM Approved By Norm E. Feder, Alep Administrator - Transportation Date Transportation Division Transportation Administration 12/15/20092:54 PM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney 12/15/20094:18 PM Approved By Kevin Hendricks Manager - Right of Way Date Transportation Division Transportation Engineering & Construction Management 12/18/20091:16 PM Approved By R. Shane Cox, P .E. Project Manager, Senior Date Transportation Division Transportation Road Maintenance 12/18/20093:54 PM - Approved By , ,-'- "..---- ,.",,---.. . _"dO.__ _._---,- Agenda Item No. 1684 January 12, 2010 Page 4 of 51 Therese Stanley Manager ~ Operations Support - Trans Date Transportation Division Transportation Administration 12/21/20099:05 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Division Transportation Administration 12/21/200910:09 AM Approved By OMS Coordinator Date County Manager's Office Office of Management & Budget 12/22/2009 1 :46 PM Approved By Jeff Klatzkow County Attorney Date 12/23/20098:23 AM Approved By Susan Usher ManagemenUBudget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 12/29/200910:42 PM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 12/30/20092:39 PM Agenda Item No.1 84 January 12, 2 10 Page 5 of 51 - PROJECT: LASIP Main (E,W) PARCEL No(s): 139TCE 1 & 2 FOLIO No(s): a portion of# 55151720006 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 20 , by and between ROYAL PALM COUNTRY CLUB OF NAPLES, INC. , a Florida not,for,profit corporation , whose mailing address is 405 Forest Hills Blvd., Naples, FI 34113, whose mailing address is (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"), WHEREAS, the Purchaser requires a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "A" and Exhibit "D" (hereinafter collectively referred to as "TCE"), which is attached hereto and made a part of this Agreement, for the purpose of constructing pavement and pathway improvements within the access and maintenance easement immediately adjacent thereto; and WHEREAS, contemporaneously with this AGREEMENT, Owner and Purchaser are entering into a DRAINAGE ACCESS AND MAINTENANCE EASEMENT AGREEMENT for Parcel 139DAME and a DRAINAGE, ACCESS AND MAINTENANCE AGREEMENT for Parcel 142DAME, which is attached hereto as Exhibit "B" ; and WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated purposes, on the terms and conditions set forth herein: and WHEREAS, the Purchaser has agreed to compensate the Owner for conveyance of the TCE. 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 are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement 2. Owner shall convey the TCE to Purchaser for the sum of $12,700.00 (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's irrigation system, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. ".-. '...-. -. --~~~" ,",-_.. . ,.--- .,..~-, , Agenda Item No. 16B4 January 12, 2010 Page 6 of 51 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the TCE, the execution of such instruments which will remove, release or subordinate such encumbrances from the TeE upon their recording in the public records of Collier County, Florida. Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents") on or before the date of Closing: (a) Temporary Construction Easement: (b) Closing Statement; (c) Grantor's Non,Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W,g Form; and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and/or title company, 4, Both Owner and Purchaser agree that time is of the essence. Therefore, Closing shall occur within ninety (gO) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the TCE. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 5. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 6. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the TCE, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the TCE shall be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be peliormed pursuant to the provisions of this Agreement, except as specifically stated to survive closing in this document in sections 6 (h), 7, 8, g and 10, or scheduled to occur after closing in sections 8 and g. (c) No party or person other than Purchaser has any right or option to acquire the TCE or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the TCE or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the TeE, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement, which consent may be withheld by Purchaser for any reason whatsoever. Agenda Item No. 1 84 January 12, 2 10 Page 7 0 51 - (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the TCE, except for membership agreements currently in effect. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the TCE or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the TCE which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the TCE to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the TCE and not to do any act or omit to perform any act which would change the physical condition of the property underlying the TCE or its intended use by Purchaser. (h) The property underlying the TCE, and all uses of the said 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 underlying the TCE except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the TCE to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: aj any spill on the property underlying the TCE; b) any existing or threatened environmental lien against the property underlying the TCE; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances, such as petroleum products, ,ndustrial wastes, medical or pharmaceutical wastes, or biological or radioactive contamination on the property underlying the TCE, This provision shall survive Ciosing and is not deemed satisfied by conveyance of title. 7, A portion of Purchaser's proposed construction project will include rebuilding and repositioning a cart path/access road over and upon the 12'h and 13th fairway of the Owner's Golf Course, described in Exhibit "C", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Cart Path Improvements"). Purchaser agrees to rebuild and resurface with asphalt that portion of the cart path running approximately from Station 41+25 to Station 43+75 , and from Station 52+50 to Station 53+75 of the Plans and Specifications for the LELY EAST,WEST CANAL PROJECT. Purchaser will reposition, rebuild and resurface with Bermuda #41 g or similar grass that portion of Cart Path Improvements running approximately from Station 43+75 to Station 52+50 of the above referenced plans. The existing cart path will be removed from approximately Station 44+20 to Station 49+20 of said plans, and be leveled and planted with Bermuda grass #41 g, (See attached Exhibit "D" for Cart Path removal easement area), "--.',,_..__.._-_. - "._,__...___,___ "",,,0''' .". ---~---"'-- Agenda Item No. 1684 January 12, 2 10 Page 8 of 51 8. Subject to extraordinary weather events, such as a named hurricane impacting the Collier County area during the month of April or May, 2010, Purchaser shall schedule all construction activity for the Cart Path Improvements from station 41+25 to station 53+75 to commence no sooner than May 24, 2010. Owner shall close the applicable fairways from normal golf play during this period of construction, and direct patrons around the construction site. Commencing on the date of June 1, 2010, and for each day thereafter or portion thereof that construction is underway on the Cart Path Improvements, Purchaser agrees to pay to Owner $1,200.00 per day for each day construction activity prevents usage for playability of golf on these fairways. Such payment shall be made within thirty (30) days of completion of construction. Purchaser shall notify Owner upon completion of the Cart Path Improvements, and Purchaser and Owner shall meet at the property to mutually inspect and agree upon satisfactory completion. 9. Purchaser shall require the construction contractor to carry at least $1,500,000 in casualty loss and liability insurance, with Royal Palm Country Club of Naples, Inc. being named in such insurance policy to the extent its interests may appear. 10, Owner desires to access and remove certain trees located within a County drainage easement, described in Exhibit "E", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Existing Canal Easement"); Owner and Purchaser mutually agree that such trees may be marked, removed and relocated at Owner's sole expense, provided that any removal and relocation be completed prior to December 31, 2009, Any trees and planted vegetation remaining within the Existing Canal Easement after December 31, 2009 shall be the exclusive property of the Purchaser, without claim of any kind by Owner. Owner shall indemnify and hold Purchaser harmless from any claim or liability resulting from Owner's activity in removal of trees and/or planted vegetation from the Existing Canal Easement 11.0wner shall indemnify, defend, save and hold harmless the Purchaser against and from, and reimburse the Purchaser 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 Purchaser by reason or arising out of the breach of any of Owner's representations under paragraph 6(h), This provision shall survive Closing and is not deemed satisfied by conveyance of title. 12. Purchaser shall pay all fees to record any curative instruments required to clear title, all TCE recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the TCE; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien,holder or other encumbrance,holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per paragraph 2, In accordance with the provisions of Section 20101, FlOrida Statutes, concerning payment of documentary stamp taxes by Purchaser, this Easement is being acquired under threat of condemnation and no stamp tax liability shall accrue to Owner. 13,The term of the TCE shall be 365 days (one year), which term shall commence upon the recording of a Temporary Construction Easement in the Public Records of Collier County, In the event that the construction of the public facilities has not been completed within the initial term of the TCE, Purchaser reserves the right to record in the Public Records of Collier County a Notice of Time Extension which shall extend the term of the TCE for one (1) additional year only. Owner shall be provided with a copy of the recorded Notice of Time Extension. Agenda Item No. 16B4 January 12, 2010 Page 9 0151 -"--" 14, 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 trustee, and/or assignees I whenever the context so requires or admits. 15.lf the Owner holds the property underlying the .ICE in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written pubiic disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the property underlying the TCE before the TeE held in such capacity is conveyed to Purchaser, 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. Conveyance of the TCE, or any interest in the property underlying the TCE, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 17, Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 18. This Agreement is governed and construed in accordance with the Jaws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: DONNA FIALA, Chairman ..- ,,-'''...-- ..._--,., --".~---_..-- " .....---- Agenda Item No. 16B4 January 12, 2010 Page 10 of, 51 AS TO OWNER: '1rJ ~~ .1- William Schmitz, President . DATED: I/h Jo'j . / r ROYAL PALM COUNTRY CLUB OF NAPLES, INC., a Florida not-for,profit corporation on !Jt',JA-t../) /1-1. i-!,4f2 MIA! Name (Print or Type) ~ /' ee ulj,( i? a,cl.J \'Vitness (Signature) &tl//?/./J 7. 7JJc{/";.(/ Name (Print or Type) Approved as to form and legal sufficiency: \\ 7>10 ~ AssistMt County Attorney Agenda Item NO.1 B4 January 12, 2 10 Page 11 of 51 ,-, I ~ ~ I i1! ~ ~ ':I'" ~ ~ '"~ '" I I ~~ ~~ tJ ~ - ~ I ,~ ~ " ~ .~ I ,"0 ~ ~ ,,'- l-Z--< , ~Q ~- ~" . ,,~ ~U~ I ~. - ::::>(~ ,<N I ~oi ~~ O_Q ~- . SC.o.LC ,. ~ Iocr -Q ,,~ ili", ::::'",0 <~ Q - ,- t5~ " . DwCl.. ~()o il" ~" "'''~ u~ "'~ Qo-; '" ~'" :::'~ai ::t'<(to") ~d ~ . g8~ ",;:,; ~~- , " -~ ~ - ~. Q~~ I QO ~ U '" 0 "" I ~ ~ '" - -' 0 ;" I ~ '" 0 I l.J " ! '" SOO'l,9'5J'W 1'1,0) " .~ I n\ 68+001 ( 67+00 I " " " rn 8 '" . , .; , rn ~" ~ I . . , '" ~" " ~ . j; , . !'<<i ^ . . :t;g~ - ~ . . " . 0 " " . ~." . ~.~~ " .; - ~~ < "0 . . - ...:'Jg ",,"P 0 " " 0" rn'" . 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NOT A SURVEY ",* COLLIER COUNTY STORM WATER MANAGEMENT ....~ :::: .NOU ..... ::::. i:llJ< ...... ...... ...... IJNll"~~.- ...,...-.. ...--.. ...._H, ~ .... ",j~.... ''', ...._,_ --- _. ,- ._,..... "-'"--"..... ,...-.'''' '----.........,...--"..... ,..........., <---.._~_.._--- ...,-- "[59,WBr, 0"'." Bt.. J~" CI![C"W8ro GJ>~ ccsc"_ VIC.... ~'ot " IN .!l8PR~CTNO 7599-2 /ilU: SKCTCH AND DESCRIPnON or A rr:MPORA~Y COJolSTRUCllOJol CAS[MfNT, PART OF mACT N. LfL\" GOLF C':;7ATrS TRACT MAP. P,B, e. PC. 2D, COLLlE:R COUNTY. rLORIDA 5IiUT",D 700. 2 OF 5 nU;No. 10252 0':>:, $[~ 2J. SC.U:, :'.'00' ,~D ',T~2~,-5D Agenda Item No. 1684 January 12, 2010 Page 13 of 51 , EXHIBIT "(1 'J P~3.of:;;- _. ]--- z- ---< ( SCALC:I-.1DO' MA TCHUNE SEE SHEET 2 OF 5 I / I . . h.. I ::slt THE HAMMOCK'S ,. " ~~ " I !~~:" CONDOMINIUM . _..o",!'" " I ...~...- C.P.B. 20. PG. 91 ( I f"t,.,~,", ~. . I ~ "''''-:i: . I w ... . ~ ~.,. 8 ,. I I " \ , " I- , . I I - .. , r.;r;i8~ . ., .., ! 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J,P.o.C.PQlNr(lf"CQJJ"ENCBIENr, <, p.or ~ PC/Iil ()I" rp'lI'NUS. ~. /i,D,,,, _ ~1Gl-rT_OF_"AY 6. 0,1:, _ DRA'''A(;E ["$;::MftJ~ lL.8L.LANO$CAP[/JurrrRrAS.<:l,I[I!T. 8, C,C.[, ~ TEI.JFORARvCilN,mUC1J{W EASt:"fl'lT. y, IEARlNGS A~E BASEP 1)1,' THe l1.(llWA STArr ,~l~Nf: [AS- lONt. NAO ~J/99 AOJJ,llo/ENf. - ,~ COLLIER llr..~ COUNTY STORM Wt TrR .... MANAG~M~NT m .... ..... ..... ..... :::::: lJI<DACt._ -,-...-...._."...~-.... ,-,...-,- --........,'-----.....,.--...'" ...------,--........ __.." 50"'-E, -....---..-....- ...,...-.... NOT A SURVEY $KnCI-! AND DESCRIPTION OF A TE/,IPORARY CONSTRUCTION EASEM~NT, PART OF TRACT N, LEL r GOLF ESTA rES mACT /,lAP. P,B. 8. pc. 20. COLLIER COUNTY. FLORIDA Oo9CIi[() er: nR~"'" BY, D-IECKfOBIO coco, \'lEI\': .. ~fIIiPR~crNQ 7599-2 ,~ '" Srlrnl'<O ..~On J OF 5 D~lT,,';C". ~~. .OOU 'JU:NCJ. ~~~~ fc'V252-$DtJ8 10252 1". to,)' """'''- ..---~...., ,",,---" ..,,----,---~-_. ..."----'-..' . , 'I EXHIBIT I ,':1.. ~I of ~ .:>. . Page PARCEL NO. 139TCE1 DESCRIPTION OF TEMPORARY CONSTRUCTION CASEMENT ALL THAT PART OF TRACT N, LELY GOLF ESTATeS TRACT MAP AS R[COf?O[O IN PLAT BOOK 8, PAGE 20, COWfR COUNTY, FLORIDA B[!NG MORE ,D/,RTiCULARL Y OEseR/BCD AS FOLLOWS; COMMENCING AT T1--i[ NOr7THEAsr CORNCR OF SAID TRACT No' THENCE SOUTH 89'27'38~ [AST A Of STANCE OF 625 FEU TO THE BASELiNE or THE PROPOSEO D,QAINAGE' IMPRO',;[MENTS 8E.'NG STATION G8+983J; THENCE SOUTH 00'J9'53" WEST ALONG SAID BASELINE A DISTANCE OF 151.03 FEET TO THE BEGINNING OF A C:.H?VE CONCAVE EASTERLY AND HAVING A RADIUS or 2.500.00 FEET BEING STATION 67+41.52: TilENC[ SOUTHERL'r ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03"29'47" AN ARC DISTANCE or :52.56 nTr TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS or- 4500 FEn FiLING STATiON 65+88.95; THENC[ SOUTHWESTERLY ALONG Ti-iE ARC OF SAID CURVE TI-iROUGH A C[NTRAL ANGLE OF 93"44'32" AN ARC DiSTANCE or 73.62 FEET BriNG STATION 55+15,33; mENCE NORTH 89'25'2J" WEST A DISTANCE OF 1,031.l7 rEET BEING STATION 54+84,16; T'rl[NC[ LEAVING SAiD BASELINE SOUTH 0[I"34'J7" WEsr A DISTANCE OF 50.00 FEET TO T.YE SOU Th'rRL Y LINE OF AN [XISTING 100' WIDE ORAINAGE RiGHT-or-WAY AND THE ,oOINT or 8[GIN,'1ING OF THE EASEMENT i--lER[lN BEING DESCHIBED, SAID [ASEMENT BEING 22.00 FEET WIDE LYING 11.00 FEET ON EACH 5:0[ OF ~/E: FOLLQVilNG DESCRIBED CENTERLINE; THENCE SOUTH .14'52'59" weST A OISTANCE OF 92.91 reE< TO T.i1[ BeGINNING OF A CURVE CONCA VE NOR Th'ERL Y AND HA VING A RADIUS OF 75 00 FEET; THeNCE weSTeR;, Y ALONG T!-fe ARC OF SAID CURVE Ti--/ROUGH A CENTRAL ANGLE OF 59'00'06" AN ARC DiSTANCE OF 77.2J FEET TO mE BEGI,I.,INING OF A ReVCRSE CUR\/[ CONCAVE :sourHERLY AND HAVING A RA:J!U5 or- C8JO FEET; THENCE W[STERL Y ~LONG THE ARC OF SAID CURV[ T.'-IROUCH A CENTRAL ANGLE OF 29'1J'59~ '"oN ARC DISTANCE CF J4,85 Fr[T; frl[NeE SOiJTI-f 74'~9'O7" WEST A DISTAI'-.'CE 0,'- J9.4-2 FEET TO THe BEGINNING OF A CW?\If CONC,:"VE !'.-ORTHEi?LY ANO HAV;NG A PADIUS OF 1.13.41 F[ET; T,'i[NCE W[S,a;;L Y ALONG Ti-lE ARC OF 5,:'/0 CuRv'E T.'"iROUGH A C~NTRAL ANGLE OF 26'22'02" AN ARC OISTAt,'C[ OF 66.00 ,TU TO T.:-iE BEGiNNiNG OF A RevERSE CUR'\/[ CONCAVE SOUTHE,R.LY /,NO HAVING A l'::AO,'l..f':.- or 2~O.27 FETT; THENCE W[STERLY ALONG THE AR'C or SAiD CURVE Tr-{RQUGH A C[,"-.'TRAL MiGLE OF 16'40'18" AN ARC UWTAN~[ OF "827 :;-::,' ..' ~ ;;;J '. 'f__. Th'CNCE SOUTH 84':0'51" ....esT A DISTANCE OF 3:2.17 FECT TO THe BEGINNING OF A CURVE CONCAVE SOU7HfRLY AND ,:"'AVING A RADIUS or.5C 00 FEET; TH[NCE WE'ST[RL Y A'...ONG Tu[ ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF :8'27"22" AN Ar7C CI:;TANCE OF IE 11 fT[T; THENCE SOUTH 6S:JJ"2/j" ~'!fST A DISTANCE OF 57.72 FEU TO TH[ BEGINNING OF A CURVE CONCAVE SOUTI-1EASTE:RL Y AND HA VING A RADIUS OF 36,00 FEET; THENCE SO,FTH\Vf:ST[RL Y A!..ONG THE Ah'C QF SAiD CURVE ThRO'JGH A C[NTRAL ANGLE OF 11'10'52" AN ARC DISTANCE OF 7,03 ,::[[7; THENCE SOUTH 54'42'37" WEST A DISTANCE OF 3899 rEET TO Tl--/E BEGINNING OF A CURVE CONCA V[ NORTh'ERL Y AND I-IA Vil,'G A RADIUS OF 36 00 FEET; 7H[NCE \tESTERL Y A~ONG THE ARC :JF SAID CURVE THRQUCH A CENTRAL ANGLE OF 2:-:'55'12" AN AF:';C D,rSTANCE OF 1629 FEET; THENCE SOUTH 80'37'49" \-tEST A n,rSTM,'C[ OF 30,17 FEE:! TO P-iE BEGINNING OF A CURVE CONCAVE NORTHERLY Af,'D HAVING A RADIUS OF 7.').00 rEET; J.i-U:NCE l"([ST~Ri. Y ALONG TH[ ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43'31'50" AN AHC DISTANCE OF 56.95 FeET TO THE B~G!~,'NiNG OF A REVERSE CURVE CONCA'IE :;OUTHWCSn.-,"1LY AND HAVING A ,'lAO/US OF 197.29 FEET, THENCE NC'PTr-iWCSTERLY AWNG THE 11RC OF 51,10 CURve THRO'../GH A CENTRAL ANGLE OF 20"50'25" AN ARC DISTANCE OF 71. 76 iEer TO T:..,[' !:JEGiNNING OF A REVERSE CURVE CO"IC;"'';[ NORT~iEASTFRLY AND HAVING A r~A:JIUS OF J5.00 FEET; Ti--l[NC[ NU-'?,HW[ST~RL Y AL..ONG mE ARC O~ 5AIO CUh'V[ THROiJGH A CENTRAL ANGLE OF' 44'SB'J8w AN ARC DiSTANCE OF' 2;;,26 "EfT; THeNCE NORTH 31'4-2'OCJ~ W.cST A OiSTANCE OF 30,94 FEf, TO THE aC:GINNlNG OF A CURVE COt.'CA';[ $OUTHIkESTERLY AND h'/'VING A RADIUS OF 10Q,CO FETT; THENCE NOFOH\1ESTmL Y A:"ONG TH[ ARC Q,F SAID CURVE THROUGH A ceNTRAL ANGLE OF 17'15'59" I<N ARC D,'STANCE OF 3014 FELT; Ti--i[NCE: NO;:"'TH 48'5B'O/~ VIEST /, DISTANce or ::5,62 n:TT Te THE BEGINNING OF A CURVE CONCAVE S()i)7H[R,-Y ANDIIAVII,'G A R~OIUS OF ;00,00 Ff.:::r; THENCE \'/[;,![,>;;L Y ALQt,G TH[ A'i'C OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41'25'Ot~ A'" ARC DISTAt,,'Cf: OF 72.29 FEU; THENCE so'..nH 89'.56"53" wtST A DISTANCE CF 136,23 F:.-."[I TO AN INTERSeCTION WITH THE AF."C OF A NON-TJNG[NT Cu,RVE CONCAVE tvORTHtRL Y AND WHOSE RADIUS POiNT' B[AP$ NORTH 00'4}'19" 'vi["ST A OISTAI\'CE OF :CO.OO ,LEU; THENCE. ~"'L"TCRL Y Ac..JI~G THE ARC OF :..~AiD NON- IANGeN T CURVE 7HROUGH A CENTRAL ANGLE OF 07'~2'2J" 4N ARC DISTANCE OF 12.78 ,cEET; T,:-/!CN;[ NOR~' 83'3J'00" WEST A DISTANCE OF 100,23 F~ET TO THE BEG,INNING OF A CURVE CONC;A'I[ SOUTHeASTeRLY AND Ht,V:NG A RADIUS CF J6.0C FEET; !H[NC[ SOUTHW[STERL Y ALONG ThE ARC OF SAiD ClJ.~VE THROUGH A ceNTRAL ANGLE: OF 65"2J'22~ AN ARC DISTANCE OF 41.05 ITET; ~-WRn'$ED9f~Il!NC F~bLLlER COUNTY STORM WATER MANAGEMENT i!E;t IWU mu:.. .... SKETCH AND DESCRIPTION QF A TEMPCRARY :::::. ER " CON:;WlJcnON ['"S['MENT. PART OF TRACT N, :::::: UND~(;E.-. 1-'(" ~nY(;OLFCSTATrS mAcr/dAP, PB e PG LO, ...,_""'..._......n".......~""" ""_'_ '--........'-____IL..'.___.." COlLIER COUNTY, FlOR:DA ...__.--.............,....._........ ,_...._"'. $C~:(: -..--.....--...- -,..._,.". NOT A SURVEY q;: = '''''U.-f~ ,", D"~'" 8~' JNI U'W(WB"','P,; COGO PlOT2 o~rr__st,.. 2~, to(} ~.~s ACW,,'o::'.'l.i'_SOa. Agenda Item No. 16B4 January 12, 2 10 Page 140f 51 , ~lf8 P'<(J.]f:CT ~o 7599 2 SI/El:TNQ. 4 or 5 f'TUNO, ID:?52 _J . . -" . EXHIBIT 'fA 'J p :{'" - PARCEL NO. 139TCE1 OESCR/pnON OF TEMPORARY CONSTRUCTION EASEMENT (CONT/NUm) THENCE SOUTH 31"03'32" WEST A DISTANCE: OF 90.86 FEET TO THE BEGINNING OF A CURVE CONCAVE: NORTHWESTeRLY AND HAVING A RADIUS OF /10,00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16'OO'59~ AN ARC DISTANCE OF 30.75 FEn TO THE BEGINNiNG OF A COMPOUND CURVE CONCAVE NORTH~RL Y AND HAVING A RADIUS OF 25,90 FEU; THENCE W[STERL Y ALONG THE ARC OF SAID COMPOUND CURVE:, THROUGH A CENTRAL ANGLE or 45'42'43" FOR AN ARC DISTANCE OF 19.95 FEU TO THE BEGINNING OF A REVERSE CURVE: CONCAVE SOUTHERLY AND HAViNG A RADIUS OF 161,92 FEE:!; THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18"23'31" AN ARC Q/STANCE OF 51.98 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 36.66 FEET; THENCE WfSTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70'13'24" AN ARC DiSTANCE OF 44.9J FEET TO THE BEGINNING OF A REVERSE CUI'?VF: CONCAV'[ SOUTHWESTERLY AND HAVING A RADIUS OF 491..36 FEET; THENCE NORTHWESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15'18'21 ~ AN ARC DISTANCE OF 131.26 FEET; TH[NCE NORTH 50'4-1'14" WEST A DISTANCE OF 56.43 FEET TO THE SOUTHERL Y LINE OF AN [XiSTlNG 1 'WlOE DRAINAGE RIGHT-Or-WAY AND THE POINT or TERMINUS OF Tli[ [ASEI.1[NT H . ~IN OEseR/8rD; CONTAINING 34, SQUARE FEET DF LAND MORE OR LESS; SUBJECT TO fA [ ENTS AND RESTRICITONS OF RECORD GUY P. ADAMS, NO. 40390 ---------- ---------------- ,-" - ~4_WREI'ISW/1O,IIINC ,~ COLLIER COUNTY STORM WA TE:R MANAGEMENT :::: ..... nIlE: ..... SKErCl-~ AlID DESCRIPTION or II TE:MPORARY ::::: [R .It COIvISTRucnON EASEMf;llT, F'ART or 7RAC' N, :::::: UNPAGE.-. "flO': U"LYCOLrESTATES TRACT MAP. 1",$, 8. pr;. 20, '~_''''-''''''''''h,..............,.... _,__ ----.--......__.......'_...m COLLIER COUNTY. FLORIDA ..._____,..__....... ,..,........, 5CA(~ -,,~, ,~-..__.- -,--'.... ..C....,"'Ol~_S O"!E',SCP,2.1. 2cog 5 OF 5 mE NO. 10252 NOT A SURVEY OES'GNwarc rm"""'BY, .M'I CllrCKCDl<rcG>''' ,= 0": 1'1-012 I/,r.s. ----'.--,-,-- -'''_.~- ~"'" ---~, ,~,,- Agenda Item No.[16B4 January 12,' 2010 , Page 1~ of 51 I I , , , - ABBPRO.c.cr'lO- 7599-2 S..a:'HD, PROJECT: LASIP MAIN (E,W) PARCEL No(s): 139DAME and 142DAME FOLIO No(s): a portion of 00432040007 and 55151720006 Agenda Item No. 16B4 EXHIBIT B January 12, 2010 P - Page 160f51 ~ ( of ,- - - DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT AGREEMENT THIS DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of ,20 ,by and between ROYAL PALM COUNTRY CLUB OF NAPLES, INC., a Florida not,for.profit corporation, whose mailing address is 405 Forest Hills Blvd., Naples, FI 34113 , (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a DRAINAGE.ACCESS, AND MAINTENANCE EASEMENT over, under, upon and across the lands described in Exhibit "A", and Exhibit "B" which are attached hereto and made a part of this Agreement (hereinafter referred to collectively as the "Easement"); and WHEREAS, contemporaneously with this AGREEMENT, Owner and Purchaser are entering into a TEMPORARY CONSTRUCTION EASEMENT AGREEMENT for Parcel 139TCE, which is attached hereto as Exhibit "C"; and WHEREAS, Owner desires to convey the Easement to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Easement. 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. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easement to Purchaser for the sum of: $64,700.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the eXisting irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes, '__''__'M..,,;' _"''''''.;,;',', EXHIBIT "I3,J Agenda Item No. 16B4 pa\Jl!1~ary 12, 2010 p~ 2 of C. Page 17 of 51 - .- 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easementl the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Fiorida. At or prior to Closing, Owner shall provide Purchaser with a copy of any existing prior title insurance policies. Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordabie form (hereinafter referred to as "Closing Documents") on or before the date of Ciosing: (a) Easement; (b) Closing Statement; (c) Grantor's Non,Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W,9 Form; and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonabiy determined by Purchaser, Purchaser's counsei and/or title company. -- 4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing shall occur at Collier Transportation Services, 2885 S, Horseshoe Drive, Naples, FI 34104 within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Easement At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptabie to Purchaser. 5. Owner agrees to relocate any existing irrigation system located on the Easement inCluding irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Owner assumes full responsibility for the relocation of the irrigation system on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Owner acknowledges that Purchaser has compensated Owner for the value of the Improvements and yet Purchaser is willing to permit Owner to saivage the Improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All Improvements not removed from the Property prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier_ - ---"--,-, - - --"-........-----,."~,- , .._,~- -~, , 7, Owner agrees, represents and warrants the following: EX " ,,Agenda Item NO.1 84 Hlalr e, p~ary 12, 2 10 p_ 3 Page18051 ~ ofb - (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the , instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby, (b) Purchaser's acceptance of the Easement shall be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement, except as specifically stated to survive closing in this document in sections 7 (h) and 8. (c) No party or person other than Purchaser has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement, which consent may be withheld by Purchaser for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing, except as expressly permitted in section 5 of this document. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by Purchaser. (h) The property underlYing the Easement, and all uses of the said 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 underlying the Easement except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances, such as petroleum products, industrial wastes, medical or pharmaceutical wastes, or biological or radioactive contamination on the property underlying the ,"" 13. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. EXHIBIT "5 ~ p~ y oft. - Agenda Item No. 1684 psiWYI"ry 12, 2 10 Page 19 of 51 Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. - 8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and reimburse the Purchaser with respect to, any and all damages, claims, liabiiities, 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 Purchaser by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title, 9. Purchaser shall pay all fees to record any curative instruments required to clear title, all Easement recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien, holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. In accordance with the provisions of Section 201.01, Florida Statutes, related to the exemptions against payment of documentary stamp taxes by Purchaser, the Easement is being acquired under threat of condemnation and no stamp tax liability shall accrue to Owner. 10. 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. 11. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner 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 underlying the Easement before the Easement held in such capacity is conveyed to Purchaser. (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,) 12. Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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, No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. - ''''',.-..'''..,,____''0'' '"m___ ,,,,,,.o.-._r '.....w_~"'-. -,..-""....". --._""."'-~-_.__. 14. This Agreement is governed and construed in accordance with the laws of the State of Florida. EXHIBIT "f3 II Page s- of 6 - - - Agenda Item No. 16B4 p~~"lary 12, 2010 Page 20 of,51 I IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, Chairman AS TO OWNER: DATED: ROYAL PALM COUNTRY CLUB OF NAPLES, INC., a Florida not,for'profit corporation on Witness (Signature) William Schmitz, President Name (Print or Type) Witness (Signature) Name (Print or Type) Approved as to form and legal sufficiency: Assistant County Attorney - ,.', ,.. -- '" .- . Agenda Item No. 1684 EXHIBIT panuary 12, 2010 Pa e (" of (. Page 21 of 51 9- EXHIBITS (PLEASE REFER TO ORIGINAL DOCUMENT) , . .- , ,..--"-_._....~,"'",,. -~-". II C.AC2-.T"'\>-Al'li , . J;'fl" pe()~J; em o. B4 January 12, 2010 " Page 22 of 51 EXHIBIT .\, c." Page_ { of "L I I I II I , I NI ON~Nr' . . I 8 . . . , , rMO +nL9, . I . IM~I\:vn ..9<8> ~ . I "'i 1\ @ , \ \ ~ \ \ ",q'J" 1.'0 ",,1,01,.'0 . I I , N!I'ONJr:,,~~ I I ~ . I ~ 1 ~ ;1 c& :1\ J I I i t~!\ #!l ! '13 tiG I I (;: . 0 IJr !~ 0 '1'1' I~ .. ' lie,;" '\1 ' I ,g 1~8 O! ", 'I J ~I' \1 i I. ,. I ~i \ 1 B \" j;i\ . ~.~ \' \ c&J'a " ~ ';: <,- Ie \ '1 ~ ~ ';'.' \ ~'" ~"'" , ,. --.......~----:-.... \ '-..... -......::..."'::-... ,,\,\ -.....:........ .\ - -......::...--=:..-- \.~ ~ '" ' ~ ' "''' ----- l ~ , ~ (; , ~ " (\. 0 'l - '( l- t or '. ~ I- " 0 ~ ~ - ~ " ^ I'- " ~ 3 i J I I I'J 6 < ~ t '" ~ ~ ~ 2 , " ~ ~ ~ N 3 '" " '" ----- -. -, ~ /', , , ,,), Ii ~: / /;~!J ///)~~lh ;/ 'L(,! ~ :/' 10 ",;',!] -i" /"! I' ";;I"y """ ;, !' I,d I ... .~/c3 /.:, '/-}.: Q, g v ~./ '';/A~,l' to-- "'.-------5 ,'" /'!' i}7.". , z. 0 '_' ~ ~; ? it ~ ~ /; <($I 1__, \J ~ I.' I; II ~ 1/ a roo IJNKNUWN 'iP.EE, r/ "-.\ ! ;;:! ,..' (I ~ ~ '; ~ '"' & 3 . ~ , ~. ~ ~. i '\~ ,. .. ~ ~ ,1) ! - - - I ;/' , . e /" JI Pc . / I '/~:7 I ( :0" . / ~ I It:? .:.,t:j "" '0'" . . \ I? ~ , I~' ! , u '-' . \ ~ ; 1\ I \ I . I II. i . I.~.,. I "I ~., '0 " w . . ~ <.J I ."J . ~~ 11 Agenda Item No. 16B4 EXHIBIT Jiinuij,ry 12, 2010 Pa ,/!:,age 23 0151 ge Z of 2..... - - '" C. ALl PA1' >t l:N1PJZov"-,,,e,v7S · ,.,,,---,,, , .--,--... ,~,--""--' " . .. -.-.,,-- .-- ., nl r~1 1:1 !'~t ,Jt!1 \J jill " ffl !1{1' j~j II { Il I),~~ if,1 ,'/". !c~ ~ " f11 ~'tt~~ : ~ ~ ~ L~V '!. ~ } .li :>: Q ~1 a-~i 1f IF Jjl <<"$ PhV , !~'I 1~11 ". \\1 ~ , 8 ~ {~ '~h ~ " . ~ :! " - \'- ~".l , ,I ' , "J I I, : . . , . I . " a " ., 0'" , ."--./ . .; ( & g ~ "I) ,,;' ~ J:R 3, -;, ~ r.. ': 1 ~ ..,/~ , I ~ . I ~"l ~u \~ i u 0 " ~ .~ " " ". & t- ~ .~ 'r., " -~ .- "" " \ " ~ \ \\ \ \1 I II /1 _/'/'1 / . --/ 'j' 0 / /' I ~ /' --- 'Z /..--- , I=>./ ! w ~1'''':9!V ., ~ o' . 10 I (I:~ ~ . " ~ I! ,. . I ~~ I l ~ w '. I ~" '~ I, II, I I ~ ~ ~ ~ ~ - ~ ~ '" "' o o . ~ , \l ,," " , " :l . ~ ~ .. ~ . ~ ., " " Po ~ -s 2 ;j' , . - """"_.~, -- EXHIBIT "0' . Page I of ~ Agenda Item No. 1 ~B4 January 12, 2 10 Page 24 of 51 I ~ ~ ~ ~ ~ ~'" is " w~ '" ~ I "'~ ~~ '" d ~0 a", ~ - c ~ ~ I ,- <C ~ ~~ ~u~ 1--- Z---< ( ~Q. ~ ~ Q,~ ~a: ~:::'(j ~~'" I ~oi O~a. ~- SCJ,U, )"_100. -~ <C u~ Ji<o :::Jvi"i{ ,~ 1..:0' "'l:,5c" ~'" i!;'" 8~ " I c '"~ ~Q"l ~'" E'i:I Q.~ ,~ ,,~ . ::!:-o;:n , ~<< ~olX:l ~~- I 'io "u~ ,,~ ~ - . I ' . ~~ I " <co ~ '" "'''' ~ 0 ~ << I - ---1 ~ ' 0 Q ~ ~ '" 0 I I " <C I:j , {~ s- CC'~'5~. W 151.QJ ~ ..,~ I 6B+ool 67+00 I . . H~" ~~.., a m , ," ~ , m :ll:;:~ ~~~ . ~ , . . ~ - . " . '0 , 'm " I '" ~)...>-- , ,~ .' , . -0( ,-,-,0 . "''' " ~ , . ~. ~~ .- . . ~ . , a", ," . . I . ~ .- ", ~:;>;;.~ . ~ 'c , I u ,~ G" .- e " &;,;~ -Q. . 0: '" 8 :z:e:~ wI< !'~ + Co. 0- . ., . ~ '" ~ . ",'" ~, -<C ;~~. , h , '. w" <co I ~Q. 0 ::!;! ~~ Q. '-'ii ~.' Q '-'lIi -. I ~ ia' ~ J' o~ :i?", ,~ 8 "Q. '- ;t, '" g~; . , . ,~ -, . ~ I ~'" ;; I ~ ~ 0 0 , .c <C~ ~ rg ~~ . i3 ~ "'~ ~" d '" 0 0 >-v::{ ~~ w~ ~QC\l I u'" I'~", ~>- ~- ~- ~ V) <:{ . I G ~" ;::'Vl~ I-L..J~~ !;!- , ", 8!j _ Ukl--ll. ~ 0 '" I ",'" 0 0" ~~Zi <<:(5<.JfXJ~ ~! + '" 0 . c'" ~~- f!:",~ ' ~o..C\l 0 '" - ~O:: Q.~ :c: V1 -<:( . 0<< >- '" ~ 1-1.J.J::;e" ~o ;i c -' Q. I Okl-Q . " - ~ . is 0 I <<:( -J () q;f " <C . '" goO..: 0 <C "'go , o . >- '" '. !!j -~ o. -' Q. -", . .- c! . ~ 0 - '" ""C . w~~ . ~o > I ",. "- '" I ~<C- 8glU 0 I 'So.: 0 ~'" , . . I I 8 , . . MA TCHLlNE SEE SHEET 2 OF 4 PARCEL NO. 139TCE2 TEMPORARY CONSTRUCTION EASEMENT DURATION, ONE YEAR FROM DATE OF CONVEYANCE TECM,ROW SEP 23. 2009 r;E1"(!j~l NQTF'~ j, DlIl(I/Slr>>/S A.Rt III FITr AND D(:OOl.QS rHJ:.REOF', ~ P.0.8. _ POINT OF IJtGiIlMfff'i, ~. ".O.c... pcwrOFCOllIl(N~[Nr. 4.P,O,T.aPOO<TOF1EI!I.I1MJ$. 5, R.O,W, _ RJGHT-OF'WAY. 6, ru, ~ DRA'NA(1{ EAsr:UDlT 7, ..Sf. ~ LANDSCJ\Pi lIUfTfJ? rAsrOji:N~ 8T.C.[,.JruPDRARYCONSlllUCHCWEASEMrNT. ..8f:AF/fflfl5AREIMSlDDNT,j<:FlOOJDASTAl!'PLAM; EASTlONt.NAOSJ/>>llAOJ'JS''''ENT- ,~ COLLIER COUNTY STORM IlP.L NOT A .... DI:Sit.NWt<r \'fA TrR MANAGEMENT II: ORAIIN RY. JAIl -- un CMf:CKEOlm Gf'A SKETCH AND DESCRIPTiON OF A lTMPORIIR'r' ::::... &It Iio "000 CONSTRUCTiON EASDo/fNT, PART OF TRACT N, ::::.. UNDA.liE.... "010: LElYGOLF ESTATf:S mACTJ./AP PB 8 PG 20 --.......__........n.~........._ ...,___ > ,. . ' . '-'-'--.--....._-.n......r_,-...,,' COWER COUNTY. 'LORIDA ...---__,...__n...,. i__"" SCA.Lr, J". '00' -..----..--..- --- 0.' 7599-2 ,hEnNO, 1 OF 4 OAl'r',1:P,2J,2000 flL(1o/0, .oCAO ,'r<J<'li2~SV'O J0252 ~" ,- ._. II II EXHIBIT ~nda Item No. 16 4 :January 12, 2 10 Page '7 01.-:4- Page 25 of 51 \ N I W I ~ '" fuij'r') 0...... ..,... . !!~ -.J ~w I---J ~ (J '" " II. MA TCHUNE SEE SHf:f:T 1 OF 4 1-- Z--< SCAlE: 1~.. 100' I I ~ 8 ~ <> ~ ~Q.C'lI ~.., '" <::!Jl<cj ~o I-Lj:)::a.. li~~ I <"" I-. Uo; "<csuQj' ~i'i~ I f!:,-,~ . u~" I I ~o: >- '" :>" !~ -' ll. ~ ,. I -. y" I 8 I t ~ " , , , , >- , " I ~ , , ~ , , I 8 , \ I ~ ~ \ \ " \ \ - I I "'.. ~~ I I I ,,- I~ I I ;!;<:> I I I~ 8 ~"- '" \ \ ~ . Oq" J~ \ I G ~ . ~ I ~I q", \ ~ I .., q "c,," ." I I f"~", ~~ 1:0 I I ~- ~ ::Jvit.) I ;l.. --------------~----- I I 8~1l. 0 I d " I '-..; I 8 ~ I I ::3"<("" ". -------------- ----- ;: " '<(~::: ~~ I I '-13 ~ R ~ I I ~ <>; " 0 \ >- . I 0 ;l! . I I '" I .. .. \ \ . . r . . ' ~~ \ \ I -' 8 ~ 5,,~ . \ \ ~ ./ . " " . \ \ "'0> " r' <> cj~if / , \ \ ~a..C'\I , ~ .. \ , 2::CI1~(j oi"j . h ! ;.~ , ') ~o'" 1-.4J "''' . , I ",~...o.. Q::Ol)j , \ ""'''- " ~,~ I oq:o<'>o:)' '" U I 8 . "" I I f!:,-,~ . I . ~ I I I ;, ~ . Qj I >- '" . ~ ~ . 0 -' ll. , a: I "' I - -' 500"J'I'J7" Ii' 2Cl7.#' I / / I I 0 / , " THE HAMMOCK'S I lAI(E"Of/AJNArJE l: / . I CONDOMINIUM """"" . / C.P.B. 20, PG. 91 \ Ji MA TCHUNE Sf:f: SHf:f:T .J OF 4 CrNFR", Nrl1F~ ( ~ <> ~a..C'II :Z:Y,"'(ci 1-.4J::!ll. "'ILl-. "'5uo5 f!:,-,~ . >-~lI! -' 0.. ~ , " , I ,. DWENSlCWSAAE/N I"[ET AND DCCl.W.L'; TI1E1lWI'. 2.P.o.S.-PD/NTOF"Bf:CW!IINI;. J. P.o.a... PClWT OF CClIoIIiENCUlENT. #, P.a.r... POINTDF n:m.tJNVs. ~. R.awo.. lVaIlT-OF_W"Y. e,/u.../)fIAINAGfU,SEJlENT. ~.L.J!l.E.-LUlO~BUf'TU<f~T. /lrc!:.. TE.W:PQ;>ARYCONS1RucnoNEJ,SEIlOIT. 1I.O<:AJllNGSolIIESASfDDNT/lCnORlDAsJA1J;'PlAi'IE !~ZDN..NADtIJ/9fAD.USIll<'Nr. FOIt: .....t: lll:SGNruUr. COWER COUNTY STORM WA TER MANAGEMENT!ii! lUlU DIlAIlfl' Sl": IN/ 1l1lL- ..... CHEC/(EPSY.IlFiI- SKITCH AND DT;SCRIPTlON OF A "TBIPOR/>RY n::.. = CCWS1RUCTlCW EASE1tfENr. PART OF' 1RACT H. :::::: UNll~ \'fEW! PLOT Dil-IE: SO, ~ LElYGOLrESTATES 1I?ACrUAP. P.fJ. a. PC. 20. :....-.,;~-"'=:..."'::..--=...::r-....:.1: COllJER COUNTY. FLORIDA -_________...... 1"_ .U 5CN.CJ ,". WO'" ~CAD 1:1=-501 -.. - _11_.....- _0-, ,.. NOT A SURVEY MBPRO.aT'IQ. 7599-2 ~~ 2 OF 4- ~.. 10252 .. ,,--.. --,,-. .'.'--~~,-, ",_'__u~". "-~'-. . I MA TCHLlNE SEE SHEET 2 OF 4 I I I I o ~ ">> ti;; o ~~ ~h ~ ~1E "'. ~g ~ '" ~ 0 ~,,-'" "''''$", 1-41<Q 0",,1- "<(auoj' I!:",": >-I!:cn ,.J "- '" ,.J '" '" . ~ c~t) a~Q ~- :<::Eo" ,o~ 'to "'~'" i1;l.lQ U ~ ~'" ,,~ s~t'> ~Qll. Z . , O. -u- 15 ~~'" o~ ~u ~ ~ '" ~ o~~ 0:;:0. 0- ~~,.,: "o~ ''i' ~O'" UQ U " I ~ ~ ~ I I I I \ ) / I I I ( I f-.-, I ~ I ~ a I I I l \ \ '-- " ! . . I , ~ . l_ " ". ,0 _0 , . . . o o _ ,. ~ ;:J " . . . 8 , . , ~ ~ , .~ I~ t1E~ t~;; o "'- o ~<.'i + 'Q ~ " 0" ~ Go, o :ct: ,0 s o u o o + . . 8 + . . i5 OJ 15 <J XHIBITAge~tem No. lqB4 E uary 12, 2 10 Page .-1, of "I Page 26 of 51 - J-Z---< S~I.E: 1"_loa' , 8 + ~ 8 , - . 8 + o . '!l d ~ ~ )...t..l.., ~z~ z- :::'v;(!) 8~~ ~~ :::;...:.... ~z- , - ~'"- 0", ~ c ~ o " ~ l~ ~ 0 ~o..C\4 <: (,() "'( , ....lw:::!c:!) t.>L...I-Q o::(-JUaj 0-0..: fO '" I!: ' >- '" ,.J "- '" ,.J '"'loi ,. -- ~.lo:,,~:,,~~ ;'ti; 0'.. "",~ ~... Pl'l"-~"", . .l1ilil~~l!:'lil "'''':':''''''''' . !~ . ~~; ~:;:;:;:!!ll::llle 8"-,.;". -"''''''''' ~, ; "H'<"" ":(jO!';~~"'''a -'" "'.... i' ~:;;~~~g ........."''''<:> -~, .... - ....... .."'.....,'" ~:,,;., ',~,:...;- ...:-... ."'''' ..........,..,... ... ",,,,p "I" ;!:.......~~~ ~"'....,..g... ~tl(Hl[j00 :1'fJFR""'I01l:S' "i)/l./f"'SlO/I/S ,IRE IN F!ITAlm DECIIIALS mEMOf'. 2 P.C.8, . POINT OF 11[r;lNNiNG. ;,P.O.c.-;>omforCCAlMf:I<CE14!JolT. 4, P,o..T. _ Pomtor TFIU/NUS, 5.U.o.WKRII>IT_or_W,lY. SO... .. DR~J'IAG! U,5F.Uf!-lT. 7, L-B,[. ~ LA/WSC'-Pf BUFlTfl EASHlfNT. 8, T,CT - II:I.IPOItAAYC(;r\lS'll?I)C7lONH~rI.lDlr. ~ B.ARJM'S Mrs.-sea ON JNCFlORIDA SIArr PUI'<E f.-STZOfoIf, NlOD llJ/nAOJlJSll.lfNr. NOT A SURVEY FCJil' u.. COLLieR COUNTY STORM WA TER MANAGEMENT ::: '", 1IlLE: SKtTCk AND DtSCRIPTION 0' A TrMPORARY ::::.. CONS7RUCllON EASOItNr. PART OF ?RACT N. ::::: LaY GOLF fSTAIl"S TRACT MAP, P.B 8. pc. 20. ~-.-:~~"'=~~"";"...:"'....';:::::= COLLIl:R COUNlY FLOR/DIl ...___......_..,..__..._ __,. SCALf, . -~. , -..---- .....-.... D<S"CNEV"", ~AlI>ID" .IAN CrlCC><roBt,GI'lO ,~ \1fOl' ". AlllIPRO.A:Cr>/o. 7599 2 $iaT ~'O. J OF 4 I'.!OO' '~n OAn:,srF.2l.2 - .- - , , EXHIBIT" A~a Item No. 16B4 ~anuary 12, 2 10 Page V\ of-i- Page 27 of 51 PARCEL NO. 139TCE2 DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT ALL THAT PART OF TRACT N, LELY GOLF ESTATES TRACT MAP AS RECQRDE:D IN PLAT BOOK B. PAGE 20, COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT N; THENCE SOUTH 89"27'38" EAST A DISTANCE OF 6.25 FEET TO THE BASELINE OF THE PROPOSED DRAINAGE IMPROVEMENTS BEING STATION 68+98.3J: THENCE SOUTH 0019'53" WEST ALONG SAfD BASELINE A alSTANCE OF 15/.03 FEn TO THE BEGINNING OF A CURVE CONCAV[ EAStERLY AND HAVING A RADIUS OF 2,500,00 FEn BEING STATION 67+41.52; THENCE" SOUTH[RL Y ALONG THE ARC OF SAID CURVE THRove/--/ A CENTRAL ANGLE OF 03"29'47" AN' ARC DISTANCE OF 152.56 FEET TO THE: BEGINNING OF A REVERSE CURVE: CONCA\,/[ NORTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET BEING STATION 65+88.95; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 93'44'32" AN ARC DISTANCE OF 73.62 FEET 8[!NG STA TlON 65+15.33; THENCE NORTh' 89'25'23~ ~ST A DISTANCE OF 1,571.98 FEET BEING STATION 49+43.35; THENCE lEAVING SAID BASELINE SOUTH 00'34'37" WEST A DISTANCE OF 207.41 FEET TO THE POINT or BEGINNING OF THE EASEMENT HEREIN B[!NG DESCR/8ED. SAID EASE:ME:NT BEING 16.00 FEET WIDE LYING 8.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLiNE; THENCE NORTH 76'28'19~ WEST A DISTANCE OF 22.04 FEET; THENCE NORTH 73"53'09" W[ST A DISTANCE OF 56.64 FEET ro Tl-/E: BEGINNING OF A CURl/[ CONCA II[ SOUTHERLY AND HAVING A RADIUS OF 417.17 FEfT; THENCE ~STERL Y ALONG Tl-IE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14'17'48~ AN ARC DISTANCE OF 104.09 FEET TO AN INTERSECTION WITH THE ARC OF A NON- TANGENT CURVE CONCAVE NORTHERL Y AND WHOSE RADIUS POINT BEARS NORTH 06'27'47~ EAST A DISTANCE OF 934,91 FEET; THENCE WESTERLY ALONG THE ARC OF SAID NON-TANGENT CURVE: THROUGH A CENTRAL ANGLE OF 05'57'58~ AN ARC DISTANCE OF 97.35 rEn TO AN INTERSECTION WITH THE ARC OF A NON- TANGENT CURVE CONCA VE SOUTHERL Y AND WHOSE RADIUS POINT BEARS SOUTH 13"58'09" WEST A DISTANCE OF 757.90 FEn; THENCE WESTERLY ALONG THE ARC OF SAID NON- TANGENT CURVE THROUGH A CENTRAL ANGLE OF 05'23'OO~ AN ARC DISTANCE OF 71.21 FEn TO AN INTERSECTION WITH THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHERLY AND WHOSE RADIUS POINT BEARS NORTH 07'17'25" EAST A DISTANCE OF 315.25 FEET; THENCE WESTERt Y ALONG THE ARC OF SAID NON- TANGENT CURVE THROUGH A CENTRAL ANGLE OF 12'08'36" AN ARC DISTANCE OF 66.82 FEET TO AN INTERSECTION WITH THE ARC OF A NON-TANGENT CURVE CONCAVE SOUTHrRLY AND WrlOSE: RADIUS POINT BEARS SOUTH 19'30'4J~ WEST A D/ST4NCE OF 226.54 FEET; THENCE WESTERLY ALONG THE ARC OF SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 16'23'23" AN ARC DISTANCE OF 64.80 FEET; THENCE SOUTH 89'27'16~ WEST A DISTANCE OF 24,.30 FEET TO THE BEGINNINC OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET; THENCE SOU THWES TERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58'23'44" AN ARC DISTANCE OF 50.96 FEET TO THE POINT OF TERMINUS OF THE EASEMENT HEREIN DESCRIBED; THE SIDELINES OF SAID EASEMENT ARE TO BE PROLONGED OR SHORTENED TO TERMINATE AT ANOTHER TEMPORARY CONSTRUCTION EASEMENT (T.CE) B[fNG 22.00 FEET WIDE; CONTAINiNG 7. 18 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO 'ASEMENT$ AND RESTRICITONS OF RECORD ------------------- L S, NO. 4390 6~4-Qtl"tVI5ED8[~ F(M, COLLIER COUNTY STORM WA TER MANAGEMENT 55!! "w SKHCH AND DESCRIP1lON OF II TE:MPORARY CONSTRUcnOH EASEMENT; PART OF ffiACT N, LElY GO/.F ESTATES TRACT MAP, P.S. 8. Pt:. 20, COWER COUNrt, FLORIDA NOT A SURVf"Y IXSJGNWay, DRAOlNlil': JAN CHIT.KfOSY.GPA ..... ';000 ~..... .. ~.~.~. NDMl ... 'l..'Ill I'LDI7 ....~, '---,,,,,,,,,,.__ _,.to, ..... ' <-..--..,....-.....--.......--..'" ----.....-,...--...... ,..........., SC"-lL: II.T.S. -"'-'-", -..-....- -,.......... ~. ~B8PR()..(;nNO' 7599 2 SHUrNo. 4 OF 4 ~~ 10252 DAn;:SO'.ZJ.2 AC-'.D"'11252_SDf -..''''''''.--.--,''....- --,-----.. ._, ~..,~.._- - , '_.~__,....,...'.~"__o>____ ._"-",~'--- \. " Exhibit f ' Agenda Item No. 1664 January 12, 2010 Page 28 of 51 I I TREE REMOVAL AREA tf II EXHIBIT E.: P~1 of 2- That portion of Tract 'N" designated as DRAINAGE EASEMENT on Lely Golf Estates Tract Map as recorded in Plat Book No.8, Page No. 20 of the official records of Collier County, Florida. .. -- .' - ~I o z w ~ it .,1 o z " o o w .. -< ~ ~ ~ . o W " ~ "' " " u , "~.-; ~- ~oe: <::"'>-<< - ......0 "''''>oJ ....;;;"'... .... ~iil " " ~. z < w"" o. ~.. >- ~ ~ ~ ~~ 0",,,,,,, U , ...:;:j II: ~-'~ eo . C/l ~ :1 ~ ~ C/l Q ~ <::l: 2 ~ I- H 0 - <::l: 0 0:: l- e p...; H ~ H <oJ '" '" w " ~ "' 0 -< ~ Q ~ ~ '" 0 ~ .. u.. o '" " w "' z o .. u w "' u.. o z o .. a: o ~ ,: .. z " o u EXHIBfpernJ p~ Z r:I , R ~2 ~ "I::~ ~ ~a~ ~y,,~ i ""'. .'" "'I;'--',~ _'.' ~.t"",,~ ~, '0.,,( ',~ ',j!:i,> ""',:; :" - ~ ...~ '.., ~"~....",'" 'f...~'i""2/ ~I::"'''iit,'i iW~..t'>:'f~ ~ ! e B~I!~ i! . ~"~ ,. 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" , , . . , , , , , . ~~'" .{(""~~ '"' '. .- , . ! .. ~ ~~ ~., ft. > ;- ~.~~,"~"' ~~~~ .~~-' " v ~~. ~ ~~~~~D~S . " ci .' '-;:~ . Q-.;.~~ , , "~~~ ~.. . ~i!~ ,~~~~ , ~,~~~~ .~ l ".~~ ~~~ .oD . ~ .. .~ . c~ M ~2_~ , , tftD~~' !S . ~t~f~~i! .. .. . EI ~~~ ~~~~ . M~':l'u:~ , i_, ~ l;-"~ , . 0 , -"2-? , ~I~;;:~,.~~~ I 0 z --:z h t".;Q:~ . u nud~ ~ ~ . ~ . .~.; . i! . ,,~ t~~~~_ . . . 1:. ~~!~~.. , ~'S ..- , ~~~ ....~~ ~I , , ~ ~ ; ~ ~ > !O~~~f;~~g ,. ~I 'co ....~u~ . - ----.~ --,,-~ , . ------.~-<-,,---_.,". l , . , . . . " , . ... '''I '. .. -, -.. ~~~~ij~a~~I/~~I' n~l)ll~.\"l;~;;;~~~~ ~"~ ~. ,~'"s ~~H'I' .~~ " "- . ~. , ""'.., ~. ~~I . , ;l ..~ . . .. . . ~ii , . , . ,. -. ~~"...~."'~~~.. .. . . , . . , .. " ., .. . - . \. , ~~g~~tH!<~tg :;~~~i.hei.eh .. . , ~~~~ ! ,,' ~ ~~ ~ ~"'. ~~~ ~- O. '~a ~~ %~'~~ ~H' . ~ "".% . _x;:o~"-.,. ~~.~~:::~ ~ ~~ Mt ,,~~~~ . D_~ ~.. M~:un: ~~~~o~t ;: ~ ~ ~": Q ~ ru .l:!t~ ~~ 2 ~~z;-;, ~ ~. ':;~I "~pP~b- ; cu~ ,_ b":O~b ~ ,~~. ~.'~ . .. ~ ~ ." ~ ~ ~~ ~ _ ~ ~b ~ ~~~t~~~~ ", ~ c e~. t:. -' ~~.~~~ .,.,.,'j, :;:,,--...1.: ~ ;Q '~~ : :--'j. ..~., .~: ~ ! o " . . " , .. , , , .","'~';':/ "'':'" . . ~ . , . 1 Agenda Item No. 1(1B4 January 12, 2010 Page 30 otl51 PROJECT: LASIP MAIN (E,W) PARCEL No(s): 139DAME and 142DAME FOLIO No(s): a portion of 00432040007 and 55151720006 DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT AGREEMENT THIS DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of ,20 ,by and between ROYAL PALM COUNTRY CLUB OF NAPLES, INC., a Florida not,for,profit corporation, whose mailing address is 405 Forest Hills Blvd., Naples, FI 34113 , (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchase~'). WHEREAS, Purchaser requires a DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT over, under, upon and across the lands described in Exhibit "A", and Exhibit "B" which are attached hereto and made a part of this Agreement (hereinafter referred to collectively as the "Easement"); and WHEREAS, contemporaneously with this AGREEMENT, Owner and Purchaser are entering into a TEMPORARY CONSTRUCTION EASEMENT AGREEMENT for Parcel 139TCE, which is attached hereto as Exhibit "C"; and WHEREAS, Owner desires to convey the Easement to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Easement 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. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2, Owner shall convey the Easement to Purchaser for the sum of: $64,700.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. ,------ - Agenda Item No. 1 84 Pag612Jary 12, 2 10 Page 31 0 51 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. At or prior to Closing, Owner shall provide Purchaser with a copy of any existing prior title insurance policies. Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents") on or before the date of Closing: (a) Easement; (b) Closing Statement; (c) Grantor's Non,Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W,9 Form; and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and/or title company. """ 4. Both Owner and Purchaser agree that time is of the essence, Therefore, Closing shall occur at Collier Transportation Services, 2885 S. Horseshoe Drive, Naples, FI 34104 within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Easement At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 5. Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc" prior to the construction of the project without any further notification from Purchaser. Owner assumes full responsibility for the relocation of the irrigation system on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Owner acknowledges that Purchaser has compensated Owner for the value of the Improvements and yet Purchaser is willing to permit Owner to salvage the Improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All Improvements not removed from the Property prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. - '---_.... "-",,,,,~,-" ____._ '_k,_.'_'__ ____ -- , , Agenda Item No. 1684 p~ary 12, 2 10 -~, ~age 32 of 51 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the Easement shall be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement, except as specifically stated to survive closing in this document in sections 7 (h) and 8, (c) No party or person other than Purchaser has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement, which consent may be withheld by Purchaser for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor IS there any other charge or expense upon or related to the Easement which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing, except as expressly permitted in section 5 of this document. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by Purchaser. (h) The property underlying the Easement, and all uses of the said 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 underlying the Easement except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances, such as petroleum products, industria! wastes, medical or pharmaceutical wastes, or biological or radioactive contamination on the property underlying the Agenda Item No. 1684 Pa~erwary 12, 2010 Page 33 of 51 Easement This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and reimburse the Purchaser with respect to, any and all damages, claims, liabilities, iaws, 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 Purchaser by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. Purchaser shall pay all fees to record any curative instruments required to clear title. all Easement recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien,holder or other encumbrance,hotder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. In accordance with the provisions of Section 201.01, Florida Statutes, related to the exemptions against payment of documentary stamp taxes by Purchaser, the Easement is being acquired under threat of condemnation and no stamp tax liability shall accrue to Owner. 10. 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, - 11. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner 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 underlying the Easement before the Easement held in such capacity is conveyed to Purchaser. (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.) 12. Conveyance of the Easement, or any interest in the property underiying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 13. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. - -"* . .,_'.___-m' .^". . --,_. Agenda Item No. 16B4 p~ary 12, 2010 ~"~ ~age 34 of;51 14. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written, AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, Chairman Deputy Clerk AS TO OWNER: DATED: f/!j 10'1 , . ROYAL PALM COUNTRY CLUB OF NAPLES, INC" a Florida not,for'profit corporation on (/IJ1. Ik Witness (Signature) /)",JIl-,-,) M. J-/AllLdt.J Name (Print or Type) 7t.W# t?4t:tf;J .Witness (Signature) (,:{J?I1/ J)? In (~A/" I Name (Print or Type) t Approved as to form and legal sufficiency: ~bAJ~ Assista County Attorney ~ - '=:XHIBfT 0'9ge \ r:A , Agenda Item No. 1664 " Cl. 'j January 12,2010 I \ Page 35 of 51 - i I I , ~ I , h >- ,_. ~ ~ w~ 0,,,, , ~ I ",'" 13'" 1:50 , ~ h - I h- '" '" ~~ ~" ::-J~t:i ~:?f ~~ O_Cl,. oz '" -.::~c ,- 1,,0' ~" hO", " 0' ~" ,'" <O~ ,,~ ' h . "'. r.:;,Ocn , ~o -'" ::>\.)0.: I <0. I ~ "0 < " " I - -l " I "' I , SOO"W.'iJ." 151.0' " : ~ 1tS: 68+00 I 61+00 .. I> ~ ~1l " ~ ~ r... r.t:~~ ^ '" "" ....0:1 . ~ . ," . !~~ ...., 'O...+- , ~~ < <-=50 - ~~ ' < ^ . . " r I - . , ,- -' 0~~t;j " h .. I {50 ." o~:..';! ~.. . .- ~,~ ~, - 1..iJ<:5 o~ tlt'l;! m <O~ N "'. ~~~~ ~ -'" ~, ~. ",0 :<,:<:1 I -"- " ~~:~ ~ I ,,~ 'l 0'" o. ~~~ "'''' "'0: " f' -. .' , ~ .- I " I " ~CO m, ~ "'~ ,.> o~ " I ~~ ~h I ~" ~i2 ~ < -. ~8 '" g"- ~Cl...~ , <tn'<{0 I ~ I-L..i::to.. '-'k>- I -q:<suOO" ~0...:( . ~'" >-- cl -'" -", cd " :l:otS ~ ~i$o.. I o . ~ ~ I ~~- o . (:)2: III <~ ~" ;!i ~ "h """, !h;:j Ii", ~'" g~ d i?i " ~ '5 d , ."' n-U"") -"'''' ",- . ::::'Vj<:l O~Q UCl.""J' >'"' _J~_ < - o.~ti ~ ti ~ o '" >--Z;--< , SCALe, 1". llxt "Q~~ ^ . ~8 ~~ " 0- " , ~ - " + . ^ . . . " " 8 + . . i . . I '" '. ?:;:S " L "-'Ji "' ". ~C o. .. ." ,/ "- 8 + " . >- ~ ~ 0 ~ 0 + "' N '5 . Ii ~ - d " "'~ .'" '" ~"' 0", ~Q~ 0'" 1::<"" - ;ZU')~{j < - '" . ~0 ::::'ui~ f-l.a.J:EQ "<l:1;l. o~ 0 '" o~ . '-'k'- 0 00 ""' -<l::-JUc:O + T. " ~"I:") ~"'<( . "m ~"'- )20: < - "~ . Q~a: >-- ~ >- . ~ . ~ <l. .h" <0 0 .'" . ~ ~. ::,) " t; 0 '" , " B . ~ . " 0 - ^ <5 .. u " . , 8 . . ^ I I 8 + - ^ MA TCHLlNE SEE SHEET 2 OF 5 PARCEL NO. 139DAME PERPETUAL, NON-EXCLUSIVE DRAINAGE, ACCESS AND MAINTENANCE EASEMENT TEeM-ROW SEP 23 2009 ~".R"', rmr.;;s;, , D,"'["~JONS AAl oN q:u ""~' pr~",,,,":; rnEI/W. :: P,{),g,,, POOl' OF B[C"'MNC, JP{),C-POON1cFco..."rNc....'Nr. 4, P.D ~ .. "owr CF "1/..,,,..5. ~ P',Q \1', - R';;HT_Q>_'....y. fO(_Ll"....,.,i:i:'......'I,IENr. 7. LIlX _ ""WOSC""C BVFrr" [AS{:I,IrNT: ij r.c:,t:. - ''-''''f;jR4R~ C0/'<5111;;Cll"'-' (Ast..U"r. ~,r>~",f _ PRAII/..a:. ",cns """e "",,,rr..,..,,c( USil./(uJ. t(l Elr__~"It.c; Mt I!"SfD ON ""f nORII" SI~n: Pv."t osr :OIIf. NI.IJ eJ/9.9 ~O.;J$l><tNr. - 'COLLIER COUNTY STORM WA-TER MAI\'AGE/.fENT :mit"" ..... "Ill n... SKnC.. AND O(SCRIPnQN OF A DRAINAGE, ACCESS, ::::.. RffU It ANO MAINTtNANCF (A5DJ.ENT. PART OF rRACT N. :::::: l'NIlAGE.... 'all'. L!:LYGClF CSTA1!:S mACT <.lAP, P.fj, 8. PG, 20. ....'-'..._..._..,.......c........ ._.___ ----''..._..........._1'<..,...__....'" COLLlfR COONf'(. FLORIDA ...-.____....._....__"..,. '-_-.'"I SC"-lE: -..---..---- """'--1 NOT A SURVEY Ur\IC'fJU; 8\' O~..," BY, ,;Jt,'KWBY, :::X;OI: '" ~. '" 'P' ~I.D' .uB ~R".cr, NO. 7599-2 S>I((1/1O. D~r!':,IiEP..l.1. 1008 1 OF :5 nu: lie. 10252 '..100' ACADI,IQ$]_Spg '-...---' .."'''.--..-'-- '''-~",-' ,,--- EXHIBIT i'age L of MA TCHLlN~ S~~ SH~ET 1 OF 5 V) IO! 0 ~a.~ <l.I)~c.:i __lw<:a.. '-'c.'- "'t: -J CJ co~ 0:0" '- (;) 0: . )...r-;:~ --J "- '" --J ~.., N ::::: '.: 2 0 . " ^ ^ , . . r g . ^ 0 . , ." , , . I ,~ ' . i il , f , J '"'iii V~ o o , , ^ .0 :tat3 ~~o.. Uo; "- - ~~ u~'" q; '0 g , . . h "0 "0 .. ./ o o . o " oj d 0: 1 I !''.........'''*&-''It. 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" -'"'., H~' "' '. <.; __. "c '" - ~ "''' .,,,,.,--.,,,, ",....<c"''-- C, ", "~'" '" _ '" _, <> . ~ .'..."'---........- 8 . -, ~ " ".,"'"...'" "':c ".'...., "'.JW"'-'w-- ____ ;:; wWWww'-' -~ ~ 1 .... '~I ' " 0 _ --":i ~i I ,. _, 0 ...1 I '~I' ~ " - " , 8 "j":J1 ~ ~~ ~() ,CJ:Q Tad . ~ I~: .'::0 ,> o o 'J ~~"O,... _ ,", <tI", "''' "' '" '" ., - 8",.,. ~ '. .,. "'1 ",..",..", ,"",-c.,;", ~i ........, - ~ -., ,- "'.., " C;"',,,,,, ;;:';"." ",o~8' c".', """-,,,,,.. ~., .,';'~ ""'JR"-;:; '" 8 "'......._"..., '''...;"'- ---.----- - - ----.",1"'-- --- "ICl --------------~----- \ I MA TCHLlNE S~~ SH~ET J OF 5 1 1 I 0 Ci ,,~ ~' g~ n, ~~ ...Ii ~- ~" ~. ~~ E'~ ~ " 1 I I I ~ ;'1 0:,:... ~o .....21.:.i ""'-Q o~ .....:co::l' Q- ~ . ~o'" ~u . C Q " i' ( , I,; I ! . I , ~ . I I I \ , ~ < . . ~ , 3 o o . o " I 1 V) IO! 0 ~Q.C'.I :C::V)"<( . t-Lu~t.=l (n-l__ I--- a... "<(-.lOcO goo" "0: . >-i--:~ --J "- '" -' o o . o . I. ~ ., o u t I , T - '^ ~ . , -.\, ~ . ':..;:::." QC;;Q ~. "- -- -';':;;c, :;;'C{\j ....r::: '....;::, . L,CO:l 2:;UCl.. o ,~ CO!.UER COUNTY STC;RM WATER MAVAGEMENT ,~ SKEIC/1 AND DrsCilJPnet. (fr A DRAINAGE. ACCESS AND MAIN~NA1/CI: [AS~M[liT. PARr OF TRACT N. lLty GOlf [STAT!:S TRACT ~'AP. P8 6. pc;, ::0. CO..LI[R COUNTY. FLORIDA . , , , . . , . , 3 t o o , . . f'.~ v I - :> -- i-z. --( Agenda Item NO. 1664 January 12, 2 10 Page 36 of 51 { V) IO! 0 ~Q.~ <::V)"<( . I-Lu~a: '-'L..'- ..:;z: -.J U ~ 1>-0,,'" ~t.=lQ::: " >-f-':!l! --J "- '" --J , DlIJO/S,'ON! ARtl,~F'CnA":;IICCl"AJ.S 1Hfl?wr. ",n,O.S, -N)/1;10'-8((;"""'II, JP,O'c.-"Ot,"rYco....r"rCIJOlT. . ".11.1, _ ,,~,," or rr""'N"s, 5 ROW ~ RI~'lT_"'_,ur. ~ o:c, .. tJI<A""A(;,f ,A51"'HH. 7 un -IANOSCA"{IIt'FfDl[,'~W[Nr. ~ r.c.e. - TfJ'PQRAI/~ cO'lsmucmw U~'["["r. 9 ~'A"f . MA~"AG<:. AC,;<:s.; -lNOW_rr"AIIC( tAso.(N' '0 BCA/I,",S AI<C 8ASW ON 11<[ Fl,,I!rD. srA" PL-lN( E~sr UNC. "OJ) lI,l/99 A{)JJHJJ[N7. SCAI.C,'_roo. j;t.j;;o.,,.,,:a " ""'" ;a"."-_.,,,,,,,,,... ~," "'''.....,.. p co 0:),.", h~,,;... ,,10 ,... " :0 f> If' :- ~, It 1'1 OJ ..... ..~." C,' _ ., ""'''''''''''''''. ;;j ..,..,"''''..,'''".. ~i!:i_"..."",,,...... ~<:i"".""'_"" ~,"" "'''''''' 0; 0'; ::.::1"'-..,"''"''''..... '"''''0_.....,.. ",., ~.,......,.,..,.....,"l :;j-'..................... NOT A SURVEY ~:~-:.'~"'" II" ." ~ ABt; PR~.O[;CI I<<J ""....._~~ .A" 7599 2 C"[o(E~ ", II'" W(:r>l ::::!iou ~;;;. RB~n ~ ...... ...... ...... U:;DAG~.... ''','' . ....." ".._... "'"_'. ...d .__,... _ ,__._ ---.-- ._----"'..,.,_...,,,.. ...--------....... ,---,." sc,,", -..___u____ ''''__'''' ~"fl" NO lJ. rotn 2 01-"' 5 nu: MJ '02'52 "'01 U~1'['~f". '". 'OC. .aD/-lOn2_S()9 -. - MA TCHLlNE SEE SHEer 2 OF 4 THE HAMMOCK'S CONDOMINIUM C.P.8. 20, PG. 91 ~ "'~ "'~ v~ o ~i5 "'~ "'~ ~Q?: "'. ~2 E'~ <:i V) I:! 0 i!o..C\f <: V) <c: . f--Lu~'-' Dla...I-a.. "<I::aUcri f':",~ . >- ~ .... Q "' .... , ~~ ~... 0;::S' - ",-,0 if SO L..~~' 5(.)'"': "'5Cl! ~" ",v , :g , Q::::>(j 0-" ~;!;: ....~'" QCC'f ,0 - ~ , "'eta (~, n: <J I I \ J / I I J ( I I . il ~ I 1 I I I I 1'-, I ~ I ; I I I l \ \. '-- . ~ ! ~ " '3 "ili t~ FOil: COLLIER COUNTY STORM WATER MANAGEMENT "ilL, SKrTDl "'ND Df:5CRIPnO/I OF ... DRAINAGE, ACCESS AND MAINTENANce fAS[/./fNr, FAAT OF tRACT N, U::LY cot.r tsrATtS TRACT I./AP. p,e 8, PG. ZOo COLLIER COUNTY, nORiDA ~..,." .^"._--~. 8 . o . ~ . , " , . 8 ~ . . ; . . 8 . . . 8 J; . ~ , ~ tb .1. G ii'~ ~~ "'- 3:;(j ii''' 0" . ~ o~ o -", ~- ~~ g u iO 1:0 15 -u v . _' EXHIBIT 11/4. Agenda Item No. 16B4 January 12, 2(/10 d .s- Page 37 of! 51 /',/ I~ II u ~ II w""'~ ! 11 ~t~ I Q.OT'" I ~"'. I ~.;..o I "" Z f~ ..J I w : () I a: I" ~ , " , , , , I.f-. I '. ! Iw I,. J 1<; \ ~ , , .. .... -~'<I ... ... .. . 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"::8...",-<,-..;;;...:.. ~ ....- ....,., ",'- - ~ '-'~P~cggg;~~88 i'-1<:>"'.-;C;"''';_.-;oS :J,~~..,:::~~,~...... . ',..... <<; - ':.-, ... '" - .. "" ~ . ..,.e-:',.f<,"."',.r-,,', ....'" ..,..,"'..,oo~<> i':l" ~ I' '" '''r- r- rv I. ;;,...~~~~~..;; \:!"'..."''''l';.....,..,:(l ~;;:;tut:;l.Itn::nu " ~W~A' !,nr<s D!I.>,NSlO~:; APC ii' ITn "'it! OtClA<'-:'S mtIi'(:.... 2 f',G.B. ~ POHt or life,,,,,,,,,," J. 1>,0,', _ p()Nror co"uWITl.I[NT. . P,OT."pO/"ror1Efl:"'.wS- ~. I<.O,~" RIGHr_~_W". ~. 0.[, " OI1...flo/A-cr OSb'9.~ 7 dr" .. cAN!)5~APC l'J"fI'ER ["~t"t'lH. ~. T.C.C, . 'rrAlPOP.,..,. CCWSrr.uCI,Qf. ["~(,,,u.r Y. o,~...r, . OIfA"',41;f, ACCfS~ AND UA"ITF:I.M'cr: .;AstWffllT. IO,Il,Alll'lCSAR:fflAS!OOlII>lf.<J,O/MlASIAJ[rl'J/C !:~sr lOll(. NAP 83/9S Ao.'~'srU!:"T. ..... .... .... .... ..... ..... ...... :::::: l/l'l'llAG!_ -_._...__,.. Jo.ooI......,.... ____ ----,--...---.......,---.'" ...-----,...--.....,.. '---..,,, '-""''''- -..---- '-'--,- O[I.I":'(~' 9Y; '''''AM''''', ......, DifO<'[Dln O;S>A =O~ "f~ I'l,on SUl.t.. ".100' .eB ~R(;o.I;;-.;r"o 7599 2 5",1;7 NO- OMl::!OEP u, ZOO-il J OF 5 ~"' ACAD ,r0252_Sl>91l 10252 -".._-,~._" '''~,_... '. . Agenda Item No. 16/34 \',\ 11 January 12, 2 10 n Page 38 of 51 5 EXHIBIT Page '-L of PARCEL NO. 139DAME DESCRIPTION OF PERPETUAL, NON-EXCLUSIVE DRAINAGE, ACCESS AND MAINTENANCE EASEMENT ALL THAT PART OF TRACT N, lELY GOLF [STATES TRACT MAP AS RECORDED IN PLAT BOOK B, PAGE 20, COLLIER COUNTY, FLORIDA enNC MORE PARTlCULARL Y OEseR/8m AS FOLLO W5; COMMENCING A T THE NORTHEAST CORNER OF SAID TRACT N; THENCE SOUTH 89"27'J8~ [AST A O.rSTANCE OF 6.25 FEn TO THE BASELINE OF THE PIWPQSE:D DRAINAGE iMPROVEMENTS BEING STA TlON 68+98.33: THENCE SOUTH 0019'.53" WEST ALONG SAID BASELINE A DISTANCE OF 15J.OJ FEET TO THE BEGINNING OF A CUR'v'f CONCAVE EASTERLY AND HAVING A RADIUS OF 2.500.00 FEET B[lNG STATION 67+41.52; THENCE SOUTHERL Y ALaNG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03'29'47" AN ARC DISTANCE OF 152.56 FCET TO THE BEGINNING OF A REV[RSt CURVE: CONCAV!' NORTHWESTERLY AND HAVING A RADIUS OF 4500 FEET BEING STATION 65+BB.95; THENCE SOUTHW::STERLY ALONG TH[ ARC OF SAiD CURVE THRCUGH A CE1\'TRAL ANGLE OF 93'44'3r AN ARC DISTANCE OF 73,62 FEET BEING STATION 65+ 15.J3; THENCE: NORTH 89'25'2JH WEST A DISTANCE OF ',031.17 FEn BONG STATION 54+84.16; Tl-iENCE L[AVlNG SAiD BASELINE SOUTH OO'34'3r W["ST A DISTANCE OF 50,00 FEET TO TH[ SOUTHERL Y UNE OF AN [XIST/.'lJG roo' 1'.-7QE DRAINAGE RIGHT-Or-WAY AND THE POINT OF BEGIN,",'ING OF A 12.00 rOOT WiDE DRAINAGE, ACCESS AND MAINTENANC[ EASEMENT L't'I/','G 6,00 FEET ON EACH SIDE OF THE FOLLOWING DESCRiBED CENTERLINE; i I , , I I , I , THENCE SOUTH 44'52'59" weST A DISTANCE OF 92.91 ,FEU TO T,YE BEGINNING OF A CURVE CONCAVE: NORiH~RL Y AND HAVING A RADIUS or 75.00 FEn; THENCE WCSTERL Y ALONG THE ARC OF SAID CURVE THROUGH A C:~N7RAL ANGLE OF 59'OO'06~ AN ARC DiSTANCE OF 77,23 r.-EET TO THE BEGINNING OF A REVERSE CU,~VE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 68..:!0 ,F[ET; THENCE: W[!:7LRL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29'IJ'59" AN ARC DISTANCE OF 34.85 rEn; THENCE SOuTH /';'39'07" ~ST A DISTANCE OF 19.-42 FEn TO THE BEGINNING OF A CURVE CONCAVE N8RT.'.-!tRn AND HAVING A RAOiUS OF 143.41 FETT; Th'ENC[ WfSTCRL Y A:..CNG THE ARC OF SAID CURVE THROUGH A C[NTFCAL ANGLE OF 26'22'02H AN ARC [,,'STANCE or 66.CO Fen TO THE EiEGiNrJ;NG OF A REVERSE CURVE: CONCA\I[ $OiJTHER!..Y AND HAVING A RADIUS OF 200.27 FEET; TH[!.-/C[ WFST[RL Y ALONG THE ARC or SAID CUR\![ Th'ROUGh' A ceNTRAL ANGLE OF 1C.40'18~ AN ARC DISTAt\'CE OF 58.27 FEfT: THENCE SOUTH 84'20'51~ WEST A DISTANCE OF J2.47 FEET TO THE BEGINNING OF A CUR\/[ CONCAVE SOUTHERLY AND HAVING A RADIUS OF 50,00 PEET; T/-fENC[ W[STt.RL'( ALONG THE ARC OF SAID CURVE THPO:JGH A ceNTRAL ANGLE OF 1E"27'22" AN ARC DISTANce OF 16.1! FEU; TH[Io..CE SOL.'TH 65'5.3'28~ \\'EST A DISTANCE OF 57.72 FEn TO THE BEGINNING OF A CUR\/[ CONCAVE SOUTHEASTERLY AND f-iAVlNG A RADIUS OF J6,00 FEET; THENce SOL.-'THWE:STU?L Y At.ONG THE ARC or SAID CUr?V[ THRCU~H A CENTRAL ANGLE OF /1'10'':'2'' AN ARC DiSTANCE or 7.0J FC[T; THEN:E SOUTH 5<:'42'Jr WEST A OISTA""CE OF 38.iJ9 rEET TO THE BEGINNING OF A CURVE CONCA'''![ NORTHEl?LY AND HAVING A RADIUS OF 36.:J0 FEU; THENCE WE"STERL Y ALONG THE ARC or SAID CuRVE THROUGH A C!:.NTRAL ANGLE OF 25'55')2~ AN ARC DiSTANCE OF 16.29 reET; THENC[ SOUTH BO'J,'49h WEST A DISTANCE OF 30.17 FITT TO TN[ B[GWNiNG OF A CURV[ CONCAVE NORT'rlERL Y AND HAVING A RADIUS or 75.00 tTET; THENCE WEST[RL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43'Jl'5(J- AN Ai:<C O.'STANCE OF 56.9B rn:T TO THE BEc;INNI,VG OF A REVERSE: CURVE CONCAVE SOUTHVl~STER:"'Y AND HAiliNG A RADiUS OF 197.29 F[ET; THEfo.'CE NOCi;T!-{'.'o'[S--:-U?L Y AWNG TH[ ARC OF SAID CURVE THROUGH A CCNiRAL ANGLe OF 20'50'25" AN ARC DISTANCE: OF 71 76 ,cEfT TO ,!!-JE BEGINNING OF A REVUiSE CURVE CONCAVE NOf?hlCAST[R:...Y AND HAViNG A ,9.AQIUS OF 36.00 rEfT; THeNC[ NORrrlVi[SnRLY f-LONG TH[ ARC or SAID CURVE THROUGH A CENTRAL ANGLE OF H':.,/j'JaH AN ARC utSTANCE OF 2!3.2E ..FE!; THENC[ .'.JaRTI-' 31'<:2'08" W::ST A D:STANCE OF 30.94 ,;:"[[T TO hiE BEGINNING OF A ':URVE CONCAVE: SJ'..!T;-mEST~RLr AND HAV,NG A frADIUS OF 10000 FEET: T.I-.!ENCf ,"iOilThW[STI:RL Y ALONG TH[ ARC OF" 5,t.,:D CUF.'Vf ~HROUC;H A CENTRAL ANGLE OF 17'15'59" AN Ar"rC DISTAt,'CE or 30.14 FECT; THENCE ,VORm 48'56'07" WEST A DISTANCf OF 25.62 PEfT TO THE BEGINNING OF A C'JP.VE CON~;A'/E 5DU1HfRLY AND HAViNG A I?ADIUS OF 100.00 ,!:!:T; THENCE '.',e,TCRL Y ALONG TI-iE ARC or SAID CUFi'-IE THROUGH A CENTRAL ANGiE OF 4j'25'Ol~ AN ARC DiSTANCE or 72-29 ,"EEr; THfNC[ SOlim 89'3C5J~ '.',~ST A OISTANCE or 136.23 FEeT TO AN iNTERSEcnON f'NH Trl[ ARC OF A NON- TANGENT CURVE corvCAVE NORTHfRLY AND 'tIHOSE RAmus POINT BEARS NOR;H DO"';'2'19n Wi'ST A DiSTANCE OF 100.00 FEU; THENC[ WEST[RLY ALONG ThE ARC or 5....10 ,II,'ON- JANerN1 CUf?vE: THF.'OUGH A CENTRAL AIlGLE or 07'19'23~ At,' ARC DISTANCE or 12.78 r!:CT: THENce NQhTH 83"3J'06" \ViST A O:STANCf 0;; 100.23 rEET 70 THE B::G/NNING OF A CURVE CONCAVE SQUTH[AST[RLY AND IiAylNG A RADIUS OF 36.00 FEET; TH[NCf: SOU'HW::STERLY ALONG TH[ ARC CF SAiD CU,RVE: Ti-/ROUGH A ceNTRAL ANGLE OF 55'23'22" AN ARC DiSTANCE OF 41.09 FEET; ~W~IJEIomN& ~. COWER COUNTY STORM WATER MANAGEMENT iH: mu:., n.... SkUCH "'ND VESCRfPnOf-l OF A DRJVNACf:. AcctSS ::::: D...... AN /JAINOFIJANCl: EASE/rIENT, i'AFIr OF 1RACT N. ...... LELY GCJtF E5rA7l:S IRACrlrl,l;"', P.B. ,. pr; :'0. " '~. __._.....,... _... . ----.-----.......,...-... COWER COUNTY. FLORIDA ..._____....__..."". __,,, SC>\lL -.. -..---- -,--- NOT A SURVE'( L'E"""~p In: L\'>.......8~, oW< a<tarolil-,-Q>... ,= ~. .4BOiP((r;;.f;C1NfJ. 7599 2 SNfIrHo. 4 OF 5 w. ~o H.T.5. ...n:SV'.~ ~e.w "'~1.n- ~'o. 10252 -'------.---------,-- -- _. .- -"._----,----,,, Agenda Ilem No.16B4 EX 19IT' ",'::1. '/ January 12, 2qlO H ~ Page 39 of 51 Page :5:rA;; - . . PARCEL NO. 1390AME DESCRIPTION OF PERPETUAL, NON-EXCLUSIVE DRAINAGE, ACCESS AND MAINTENANCE EASEMENT (CONTINUED) THE"':CE~ SOUTY Jl'OJ'Jr WeST A D/STANce or 90.86 FE.I T TO THE E:J[GINNiNG OF A CURve: CON':;AV[ NORTHwrSTCRL':' AND HAVING A RADIUS OF 110.00 FEET; TH[NCE 5JUT.4a'CSTERL Y ALONG THE ARC OF SAID CURVE TNROUGH A CENTRAL ANGLE: OF 16'00'59" AN ARC DISTANCE OF JO]5 FEET TO THE BEGINNING OF A COMPOuND CURVE CONCAVE NORTHWEST[RLY AND f-IAVING A RADIUS OF 25.00 FEET; THENCE S:]UTHW[STERL Y ALONG THE AA'C OF SAiD COMPOUND CURVE, THROUGH A CENTRAL 4NCL[ OF 04"21'47" FOR AN ARC DISTANCE OF 1.90 FEn TO POINT ~A~ AND ThE POINT OF TERMiNUS or THE CENTeRUNE H[RDN DESCRIBED. POINT "A" ALSO BEING TNE POINT OF SEGINNING OF ,oj 10.00 FOOT WIDE DRAINAGE, ACCESS AND MAINTENANCE CASEMENT LYiNG 5.00 FEET ON EACH SIDE OF THE FOLLOWiNG OESCRiBfD CEN T[RLiNE; BEGINNING AT SAle POINT PA"; ThENCE CONT,':,'UING ALONG THE ARC OF THE AFORESAiD CURVE 'rVEST[RL Y THROUGH A CENTRAL ANGLE. OF 41'20'56~ AN ARC DISTANCE OF 15.04 FEn TO THE EEGlNNING OF A REVCRSE C'.JRV[ CONCAve SOUTHERLY AND HAVING A RADIUS OF 161.92 FEET: THENCE WE:5TERL Y ALONG THE ARC OF SAID CUR\![ THROUGH A CENTRAL ANGLE OF 18'2J'31" AN ARC DISTANCE OF 51,98 FEET TO THE BEGINNING or A Rrvcp.sc CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF J6.66 FEET; THENCE W[ST[RL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7C'1J'24" AN ARC O,ISTANC[ OF 44,93 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWES'~Ri..'f AND HAVING A RADIUS OF 491.36 FEU; THE/liCE NORTlIWf$TERL Y ALONG THE ARC OF SAID CURvE !YROUGH A CE!VTF?AL ANGLe OF /5"18'21" AN A.RC DISTANCE or 137.26 FEET; rHENC[ NORTH '0'41'14"' YVEST A DISTANCE OF 56.43 FEET TO THE PO/NT OF 7EP.MINUS OF 7' [ASEMENT t'/[REIN DEseR/8m; CON J A/NiNG 1, . 54 SQUARE Fen OF LAND MORE OR LESS; SUBJECT TO t fM[NTS AND RfSTRfCITONS OF RECORD ---------- ---------------- GUY P. ADAMS, NO. 4.390 ~-o-cgRH'5rn_11i('J '-';OU)[R COUNTY STORM WATER MANAGEMENT mit.u .... ":U-' ..... n~.... SK[TCH AND DESCRJ"TiON OF A OR,IINACr ACCESS ::::: na...... AND MAlflTrNA'ICr EAS(Mf:N! PART OF' mAt,", U:::" Ul'<DM.E_ "[,,, LEi. Y GOI.F ESTATES /'RAC! MAP, P.S. 8, PC, 20, ..-_._ ._, ...... ._.-. .... ,___ C ," __....._______"..,._......" OLUE" COUNif', FLORIOA '""___...........,..__....... ,___.." sc.<l-!, '-~--_.._~.- -...-.... NOT A SURVfY ~. ~1llI ~R",-,!:::, "0. 7599-2 SHUINO. :; OF S I":'-CII(J, 10252 PlAtz I>AIl:'SU'. ZJ. N.r.!O. ----,,'",-------- ..----'~.,,-~'_._-"'- '~," . ""-~ -...-. ",~"- - "--''"-''-' r:VH ~e~da It'1m No, 1684 ~ 181 r J8uary 12, 2010 p~ \ JOoige 40 0151 of ?_ - " t--Z-< ( 5CA!.t.'r-.1OO' \ ,,' ~ ~ ~ '0 " ~ G , , I '0> S ., ,,~ ~0ri e~) ~ c~ ~ ~~ "'", "'~ ...,:::l' ,<'\I 1 ;::-;.e:t'.j 1 , . o~ -~" ~;:; ~ - . ~" ,- a~o..(j I ~~ ......-0 ,~ ~ u'" CL I ~")Q , . > ' 8~ ' . <..cf,) '<(00 - ,0> >-Q"II'-. Q..-j -~ -~ V "" 1 2~ ,- ~ -~ '0) ::-o;r:...., . C~ ~" ,--':oOJ " - .'< " !;'Io. , , - " ", :::;UC:ci ~~ Q l... . ~B ,~ ,0> , 0 . 0",. ~d - " ~ ,. - . o~..... " ~ 5 , 0 " , . <" ~t 0 - OJ!;: t: " '0 '" 0 U Q " '--.J tj~ " "' " L'~'" V) ~ ... - . ~ - L_jil ...:i:]'" I P.O.B. f72d -..... [,-r I~ ""y.... , l1?J'JJ"t (;.76...., '!,J'" "0,",.,',',1".. 9.'7 :;j::J I , OOW',J"w '~rDJ " 1 os..ool ( 67+00 0 ~ 0 , " " , . 0 . -~", N L . 0 . 'N , ~ . . L . r.,,-, t::;"''- 00 ~ . ., ~."'."".~ ,'" . o. . ,.0 . " . " " &~~ . ~ - r"" , " " o~ . ,~ ,.v,....-_ 0 . .. ~~ " .......<1_ , c:O-f<rS:> " , ~ ,~ ;'<>~i!l " P . :::!-.J'" - ~- ;':l.........." " .0> " , ~ <..i ~<.:>.... " < C ~ VI 'j" 0 v " c:i ~.;~ "~ , , " G ~ d u: o::lje: '" ~"'~...... 0 I~ , a ~,,' ~, .. <:>.. 0 ~ .~ ~ vi'" """ . 11 ~ ~Q~ ~~ or-.. Q"':O:.,.... . ~U'") ~~ ,'" . " ,'" :Z:V).q;:<.j u~ 0> ~. ~~"~"'" ~ :::: ll:co < ~- . "'~ .'" ~) !:'5~ l. '0 ." t-Lw~o.. 0 ~ '" no. o~o... ' . "-,, '.. r~~ c. co ' ., '" '" ~3 UL..... ~ ~. ~~,.. . - U . ~ ,0 Q " , ~Q L .. - ...-0._'") '<:Cc5UcQ I~I-. "I ~0 "'.Ii Q 0 ,-., .. .. 'd -,~ IO',,~ ' '~ a " ~ C>')", 88 ~'o ~J Ct Q ~, ~,- J~~ ~Cl~ ;:."1 ~ -~.,-, '" 8 8 ". 'I Q ,-. >- III '-<"0 <:i .. , 0 ~c , c , <>1 ~ v, '" "- g 0", <l/Jo::( . ... .~ c,;1!l "'. Go-, ~ oj '" a. I-Lw~c." on: . " Q ~ 1~8 g \, ~ ....." 0 CJ uu..I-Cl . I' "'. 0 ~ ~", ,- >--;j 0 '" .E:~ "';"..,0> ~ 0::( cS () 05 .~ ,,"' ,.. . ~ ;;;..,"':/ .~ I, i!',,;;5 . I" ,~ TO )-..f-=~ ~.....< , u -'--'U'-''' !~ '" a. CJ 0 /g '" 0 . ~ . PARCEL NO. 142DAME PERPETUAL, NON.EXCLUSIVE DRAINAGE, ACCESS AND MAINTENANCE EASEMENT TEeM-ROW SEP 18,2009 r,.Nr,,,, Ii'~"'<;- . C./,JfNSiO/lSA(;[INFr[r,l,I<;COCC'IIA.LSnlfR[CF. .. P,O.E. ~ PCIO/I Of BEGINNiNG. J P.o.C _ PCIIHOf COl.rufNCP'"n. . P_o.", _ ~'~HI~OF_"'AY, ~ {J ^" f _ OR',~A~'. AC,,,", '~~"A""C~:."':E,^""".NT ~, I_Ri: : l~";]SC~Pf H'FFf(; rAS[IIfNf, 1 IJf'~I"CS '~r B~5ro ON 'He rcCJ/>'DA STArr P,ANf:: [AS'- ;:aNE. N,l,V BJ/~9 AO,.\.'$IIJENT. F();I. COLLIER COUNTY STORM WA TER MANAGEMtNT 711t1..' SKCTCH AND orSCRIPnON OF A DAME PART 01" ROIAL PALM COIJNTFi'( CLUB. Ll1NG IN SECTION 20. TOWSHIP 50 SOli7l-f, RANcr 25 tAsr COlLiER COUNTY. FLOI?iOA R!:"SW5{Pr,13.200i NOT A SURVE.Y t[$'G",~ lIy. ~r;~"", flY.. -'-"~ U,[r:~W II' r.PA " " AH8-"ROJj.CCNO 759P 2 ""tPN~ m. co'''.' lJI<DA.Q~._ "1;",.. pcon .......,................ -.. . ~.. .......... .~ ,---- -'-'........, -,......--..............,--."" '-'-'-<------....... '---''''SClU:. '-.'00' '-~.._--.._....- '-'''-,- 1 OF 2 nl.(MJ, ~~...o I' t02~2-SO~ 10252 OM<..~PR. n. 200 ----_.~- .....J . EXHIBIT . ',9,: "<10" L of , i Agenda Item No. 1 84 January 12. 2 10 Page 41 of 51 -----_._.,--------~._- 7. =- PARCEL NO, 142DAME DESCRIPTION OF PERPETUAL, NON-EXCLUSIVE DRAINAGE, ACCESS AND _ MAINTENANCE EASEMENT ALL T!-1A T PART OF ROYAL PALM COUNTRY CWB LYING IN n-{[ NORTHEAST OUARTER OF SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26 [AST, COLLIER COUNTY, FLORIOA BEING MORE PARTICULARLY OtSCRIBEO AS FOLLOWS; COMMENCJNG A T THE NORTHEAST CORNER OF TRACT ~J, LEL Y GOLF [5TA rES TRACT IAAP AS RECOROE:D IN PLA T BOOk 8, PAGE. 20; TH[NCE SOUTH 89'27'33" [AST A DISTANCE OF 6.25 FEU TO THE. BASEUNE OF THE PROPOSED DRAINAGE IMPROVEMeNTS BEING STATION 68+98.3J; THENCE: SOUTH 00.19'53" \\-EST ALONG SAID BASELINE A DISTANCE OF 151,03 FE[T TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAiliNG A RADIUS OF' 2,500.00 FEn BEING STA TlON 67+41.52: THENCE SOUTHE.'?l Y ALONG THE ARC OF SAID CURVE THROUGH A ceNTRAL ANGLE OF 03"29'47" AN ARC DISTANCE OF 152.56 FEU BEING STA TlON 65+88.95,' THENCE LEAVING SAiD BASEUNE NORIH 71'23'33" [AST A DISTANCE OF 6 76 FEn TO THE EASIERL Y LINE OF AN EXISTiNG 30' DRAINAGE RIGHT-Or-WAY AND THE POINT or BEGINNING OF n-IE [ASEM[NT HU?EIN BEING OESCRIBCD; THENCE SOUTH 02'45'54" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 93.22 FEET TO AN If:TERSECTlON WITH THE ARC OF A NON- TANGENT CURVE COI~CAV[ NORTNWESTfRLY AND WHOSE RADIUS POINT BEARS NQR7H 20'18'45" WEST A DiSTANCE OF 70.00 ,'E[T; TrI[NC[ LEAVING SAID eASTERLY UNE NORTHEASTERLY ALONG THE ARC OF SAID tJON- 'TANCENT CURVE THF?OUGH A CENTRAL ANGLE OF 69"19'10" AN ARC OISTA,NC[ OF 84,69 rEET; THENCE I,IORT/-" 0423'29" WEST A DISTANCE: OF 28_51 FE:n TO THE SOUTHf(,'LY LINE OF AUGUSTA COURT CW'.'OO/.llNIUM (C.P.B. 20. PC. 31) AND AN INTERSECTION WiTH THE ARC OF A NON-TANGENT CURVE CONCAVE NORTI-iERL)' ANO v\':l-iOSE RAD!US POINT 8EARS NORTH or.Ol'55" WEST A DISTM-;C[ OF 4,000.00 FEU; THENCE WESTE"RL Y ALONG SAJD SOUTHERLY LiNE AND THi: ARC OF SAID NON- JANG[NT CURVE THROUGH A CENTRAL ANGLE OF OO'JJ'J2~ AN ARC DISTANCE OF 39,02, :::Er /0 JHE POINT OF BEGINNING OF Ti-/E EASEMENT HCRDN DESCRIBW; - CONTAINING :1.207 S UAf?E FEET OF LAND, MORE OR L[SS; SUBJECT TO EASEd NT$ AND RESTRICTiONS OF F?ECORD. ------------ ------------------ NO. 4390 .... H."l' COLLiER COUNTY STORM nIlE.. SK[TCH IlJIO D[SCRIPTiON or A O_AME. PART or ROYAL PA1.M COUNTRY CtU8. LYING IN S[CnON 20. TU'NNSHIP :;0 SOUTH. RANG[ 25 EAST COLLIER COUNTY. nORIDA !l!:"IS[O sr~r. la ZIXJf/ NOT A SURV['( OLS'GNWar.. ._ ""~"'" By, .JAil ':H,C"fDIIVGPA ':0.,".1. UNflAGE_ \1tw: PLOTZ ~~..... .......... ....-"............,... ....,--- ---.........._____rr......__..'" ...------..........,..---....... .--..'" SC~I.L N.r,S- -....,~ -...-....- ''''''''--- "' IO!MiP'W.Ji;CTI<O. 7599 2 5./,nNO. D~rr,~PI'. 2J, zoo 2 OF 2 flU': NO_ 10252 ~CAD f' POl~<_Sl)~ --.-.--- .-----.- ..._,--.._-_. , ." "-_....""'--,.._-~ ... .._. ._-~..,-'_._,._. '----, ~ PROJECT: PARCEL No(s): FOLIO No(s): LASIP Main (E,W) 139TCE 1 & 2 a portion of# 55151720006 EXHIBIT" "Agenda Item NO.1 84 ( January 12, 2 10 Pa~ \ ~ 1 - Page42051 - TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 20 , by and between ROYAL PALM COUNTRY CLUB OF NAPLES, INC. , a Florida not,for,profit corporation , whose mailing address is 405 Forest Hills Blvd., Naples, FI 34113, whose mailing address is (hereinafter referred to as "Owne('), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"), WHEREAS, the Purchaser requires a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "A" and Exhibit "0" (hereinafter collectively referred to as "TCF), which is attached hereto and made a part of this Agreement, for the purpose of constructing pavement and pathway improvements within the access and maintenance easement immediately adjacent thereto; and WHEREAS, contemporaneously with this AGREEMENT, Owner and Purchaser are entering into a DRAINAGE ACCESS AND MAINTENANCE EASEMENT AGREEMENT for Parcel 139DAME and a DRAINAGE, ACCESS AND MAINTENANCE AGREEMENT for Parcel 142DAME, which is attached hereto as Exhibit "8" ; and WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated purposes, on the terms and conditions set forth herein: and WHEREAS, the Purchaser has agreed to compensate the Owner for conveyance of the TCE, 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 are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the TCE to Purchaser for the sum of $12,700.00 (said transaction hereinafter referred to as the "Closing"), Said payment to Owner, payable by County Warrant, shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon. and shall be in full and final settlement of any damages resulting to Owne(s irrigation system, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. ,-.- - - --_._~-~ I I 1\ II ; EXHIBl'f.Jeni:@ltem No, 1684 ~ry 12, 2010 P8~ L., oI---if2ge 43 o( 51 3, Prior to Closing, Owner shall obtain from the holders of any liens, exceptions andlor qualifications encumbering the TCE, the execution of such instruments which will remove, release or subordinate such encumbrances from the TCE upon their recording in the public records of Collier County, Florida, Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as 'Closing Documents") on or before the date of Closing: (a) Temporary Construction Easement; (b) Closing Statement: (c) Grantor's Non,Foreign, Taxpayer Identification and "Gap' Affidavit; (d) W,g Form: and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and/ortitle company, 4, Both Owner and Purchaser agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the TCE. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser, 5, Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 6. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the TCE, to enter into and tD execute this Agreement, to execute, deliver and perfDrm its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contempiated hereby, (b) Purchaser's acceptance of the TCE shall be deemed tD be full perfDrmance and discharge of every agreement and obligation on the part Df Owner tD be performed pursuant tD the provisiDns of this Agreement, except as specifically stated to survive closing in this document in sectiDns 6 (h), 7, 8, 9 and 10, or scheduled to Dccur after closing in sections 8 and 9, (c) No party or persDn other than Purchaser has any right or option to acquire the TeE or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in fDrce and effect, Owner shall not encumber or convey any portiDn of the property underlying the TCE or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the TCE, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement, which consent may be withheld by Purchaser for any reason whatsoever. ,-,~_...... -'_.~'-"'--- -.--".... -.'''._-- ,. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the TCE, except for membership agreements currently in effect. If. 11 EXHIBIT I(genda Item No. 1684 ~ 1 January 12, 2Q10 p~ -> d _ Page 44 of 51 I (I) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the TCE or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the TCE which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the TCE to change from its existing state on the effective date of this Agreement up to and including the date of Closing, Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the TCE and not to do any act or omit to perform any act which would change the physical condition of the property underlying the TCE or its intended use by Purchaser. (h) The property underlying the TCE, and all uses of the said 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 underlying the TCE except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the TCE to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlYing the TCE; b) any existing or threatened environmental lien against the property underlying the TCE; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances, such as petroleum products, industrial wastes, medical or pharmaceutical wastes, or biological or radioactive contamination on the property underlying the TCE, This provision shall survive Closing and is not deemed satisfied by conveyance of title, 7. A portion of Purchaser's proposed construction project will include rebuilding and repositioning a cart path/access road over and upon the 1 ih and 13th fairway of the Owner's Golf Course, described in Exhibit "C", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Cart Path Improvements"). Purchaser agrees to rebuild and resurface with asphalt that portion of the cart path running approximately from Station 41+25 to Station 43+75 , and from Station 52+50 to Station 53+75 of the Plans and Specifications for the LEL Y EAST,WEST CANAL PROJECT. Purchaser will reposition, rebuild and resurface with Bermuda #419 or similar grass that portion of Cart Path Improvements running approximately from Station 43+75 to Station 52+50 of the above referenced plans, The existing cart path will be removed from approximately Station 44+20 to Station 49+20 of said plans, and be leveled and planted with Bermuda grass #419, (See attached Exhibit "D" for Cart Path removal easement area), , -~'. EXHIBITAg p~ '1 01 a ~em No. 1684 ary 12, 2010 age 45 01'51 .- 8, Subject to extraordinary weather events, such as a named hurricane impacting the Collier County area during the month of April or May, 2010, Purchaser shall schedule all construction activity for the Cart Path Improvements from station 41 +25 to station 53+75 to commence no sooner than May 24, 2010. Owner shall close the applicable fairways from normal golf play during this period of construction, and direct patrons around the construction site, Commencing on the date of June 1, 2010, and for each day thereafter or portion thereof that construction is underway on the Cart Path Improvements, Purchaser agrees to pay to Owner $1,200,00 per day for each day construction activity prevents usage for playability of golf on these fairways, Such payment shall be made within thirty (30) days of completion of construction, Purchaser shall notify Owner upon completion of the Cart Path Improvements, and Purchaser and Owner shall meet at the property to mutually inspect and agree upon satisfactory completion, 9, Purchaser shall require the construction contractor to carry at least $1,500,000 in casualty loss and liability insurance, with Royal Palm Country Club of Naples, Inc, being named in such insurance policy to the extent its interests may appear, 10. Owner desires to access and remove certain trees located within a County drainage easement, described in Exhibit "E", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Existing Canal Easement"); Owner and Purchaser mutually agree that such trees may be marked, removed and relocated at Owner's sole expense, provided that any removal and relocation be completed prior to December 31, 2009. Any trees and planted vegetation remaining within the Existing Canal Easement after December 31,2009 shall be the exclusive property of the Purchaser, without claim of any kind by Owner. Owner shall indemnify and hold Purchaser harmless from any claim or liability resulting from Owner's activity in removal of trees and/or planted vegetation from the Existing Canal Easement. 11, Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and reimburse the Purchaser 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 Purchaser by reason or arising out of the breach of any of Owner's representations under paragraph 6(h), This provision shall survive Closing and is not deemed satisfied by conveyance of title, 12. Purchaser shall pay all fees to record any curative instruments required to clear title, all TCE recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the TCE; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien,holder or other encumbrance,holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per paragraph 2, In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, this Easement is being acquired under threat of condemnation and no stamp tax liability shall accrue to Owner. 13, The term of the TCE shall be 365 days (one year), which term shall commence upon the recording of a Temporary Construction Easement in the Public Records of Collier County, In the event that the construction of the public facilities has not been completed within the initial term of the TCE, Purchaser reserves the right to record in the Public Records of Collier County a Notice of Time Extension which shall extend the term of the TCE for one (1) additional year only. Owner shall be provided with a copy of the recorded Notice of Time Extension, --,~ '" ..'_.~~ - _...... .., -".'--~.._~ II If EXHIBrFgeneJaltem No 1I:;B4 :$""~ry 12, 2010 Page cI li/.age 46 oj 51 14, 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 trustee, and/or assignees, whenever the context so requires or admits, 15,If the Owner holds the property underlying the TCE in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner 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 underlying the TCE before the TCE held in such capacity is conveyed to Purchaser, 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. Conveyance of the TCE, or any interest in the property underiying the TCE, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 17.Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 18. This Agreement is governed and construed in accordance with the laws of the State of Florida, IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: DONNA FIALA, Chairman - AS TO OWNER: EXHtBtllJa1tem ~No. 1684 ~2, 2010 Page C. or~47 of 51 I , . I'Jri . ,1- William Schmitz, Presiden . .- DATED: J/ /s /t!"i 'I I ROYAL PALM COUNTRY CLUB OF NAPLES, INC" a Florida not,for.profit corporation on Witness (Signature) lJtJNA"t..:J )YI, l-JA.ilMw Name (Print or Type) ;zf ~ t?~-J Witness (Signature) Ce/14J./J 7. 7lE{f'#~/ Name (Print or Type) Approved as to form and legal sufficiency: -. Assistant County Attorney - -'.'---- ._.,,~---_.-. '--_..._..............~...,,- '....----,...' .".---.- . EXHIBITS Agenda Item No, 1684 baIlllary 12, 2910 EXHIBIT cDHoe 480151 ;')age I of....:L (PLEASE REFER TO ORIGINAL DOCUMENT) , , Agenda Item No, 1684 January 12, 2010 Page 49 of 51 "."'. Valuation Memorandum To: Paul Young, Senior Property Acquisition Specialist From: Harry Henderson, SRA, Review Appraiser TE/CM, Right of Way Date: December 9, 2009 Subject: Underlying Land Values, Royal Palm CC 139DAME/TCEs and 142DAME As per your request I have analyzed land value unit/prices relating to the land interests Collier County seeks to acquire over portions of the Royal Palm CC. The real property interests being valued are as follows: 1. Parcel 139DAME (18,354sf Drainage Access and Maintenance Easement) 2, Parcel 139 TCEs (42,276sf Temporary Construction Easement, 1 yr term) 3, Parcel 142DAME (3,207sf Drainage Access and Maintenance Easement) Partial takes and TCEs are typically valued on a unit/price factor based upon the underlying land value of the parent tract. In this case, the parent tract is the 188+ acre Royal Palm CC lands. These lands have a current zoning of GC-Golf Course but a likely Highest and Best Use (if vacant) of multi-dwelling residential which is consistent with surrounding land uses and normalized market trends. Given currently weak market conditions, there have been a paucity of such sales over the past 3 years. The following market expressions (closed sales and active listings) are the best available with respect to overall comparability with the subject tract: 1. Palm Springs Blvd, Naples, FL 34104. Sale Price: $3,450,000 Sale Date: 6/08 Size: 10,75 acres Reflects: $320,930/acre or $7.37/sf This is an approved RPUD located just north of Radio Road. .- Collier County Transportation/ROW Department -. --""--'---'-- '-..~,--, - -~._---' --"^"'--'-'",,"-- . Agenda Item No, 1684 January 12, 2010 2. S/S Golden Gate Parkway, Naples, FL 34105 Page 50 of 51 Asking Price: $985,000 Size: 5.15 acres Reflects: 191 ,262/acre or $4.39/sf This is an active listing of Estates zoned land proximate to conditional use/quasi- commercial properties, Located near the GGP 1-75 interchange. 3. 4710 ih Avenue SW, Naples, FL 34119 Asking Price: $2,200,000 Size: 9.11 acres Reflects: $241 ,492/acre or $5.54/sf Located along the Golden Gate canal in close-in section of GGE. Property is poised for subdivision and Estates-type single-family development. Based upon the above market expressions (inclusive of negotiation margins applicable to the asking prices on the active listings) a unit/price of $3.00/sf is judged to be reasonable when valuing the subject lands. The DAME easement interest represents an approximately 85% encumbrance to the property. Therefore, the combined 21,561 sf DAME areas would be valued as follows: 21,561 sf x $3/sf x .85 = $55,000 (rounded). Similarly, the TCE interest for a 1 year term is valued at a 10% factor relative to the underlying land value: 42,276 sf x $3/sf x 10% = $12,680 (rounded) Collier County Transportation/ROW Department Agenda Item No, 1684 January 12, 2010 Page 51 of 51 ,- ROYAL PALM COUNTRY CLUB OF NAPLES, INC. CANAL IMPROVEMENT WORK ALONG 1ih and 13th FAIRWAYS -, - ---- ----,.._-, .-.... . ~ ~ . -..... ."'''.--.