Backup Documents 01/27/2009 Item #10I
EXECUTIVE SUMMARY
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Request that the Board of County Commissioners provide direction with respect to whether the County should
close on the Pepper Ranch transaction, in light of the proposed easement through the Pepper Ranch and whether
the County should reduce the purchase price to reflect the bond carrying costs and the reduction in value to the
Pepper Ranch due to the access.
OBJECTIVE: To obtain direction from the Board of County Commissioners ("Board") with respect to whether the
County should close on the Pepper Ranch transaction, in light of the proposed easement through the Pepper Ranch and
whether the County should reduce the purchase price to reflect the bond carrying costs and the reduction in value to the
Pepper Ranch due to the access.
CONSIDERATIONS: On November 18, 2008, the Board approved an Agreement for the Sale and Purchase of the
Pepper Ranch in the sum of $32,525,080.02. The Agreement provided that closing for the transaction was to occur on or
before December 31, 2008, and a closing date was scheduled for Monday, December 29, 2008. On or about
December 24, 2008, the County Attorney was advised by staff that an issue had arisen with respect to this transaction. A
letter dated December 17, 2008, from Barron Collier Investments Ltd. ("Barron Collier"), had been forwarded to the
County. The letter states in relevant part as follows:
"Over the last several years, we have discussed Collier Companies' access over the Pepper Ranch property to
Barron Collier lands. Barron Collier Companies and their tenants have used the access road that runs though
the Pepper Ranch property for access to their lands. This road is the only access to the Barron Collier
property west of Lake Trafford. We requested that the owner of the property specifically grant Barron Collier
an easement for ingress and egress. At present this has not been formally recorded.
Now that the owner is in negotiations with Collier County to sell the Pepper Ranch property, it is critical that
Barron Collier's prescriptive and statutory rights over the Pepper Ranch road be formally recognized in the
Public Records. Our hope is that we can quickly resolve this matter by the recording of an access easement
without the need for Barron Collier to take any action to involve Collier County. Please understand that the
road in question is Barron Collier's only practicable access to its lands and, therefore, of vital importance. If
this issue cannot be resolved quickly, Barron Collier will need to seek to protect its rights to access over the
road and will need to make sure the County is formally noticed regarding this issue. I hope that this will not
be necessary. Please let me know by December 24, 2008, if the owner of the Property will agree to grant
Barron Collier Companies an easement."
By this letter, Barron Collier claimed both an unrecorded prescriptive easement and a statutory right of necessity over the
Pepper Ranch. A prescriptive easement is a right to use another person's property that is acquired by use without
permission of the owner over a period of at least 20 years, similar to acquiring property through "squatter's rights." A
statutory right of necessity (Florida Statutes Sec. 704.04) occurs when land is considered "landlocked," requiring access
through another's land, the location and type of which access a Court will determine and then fix compensation for (the
process is akin to a private cause of action for eminent domain).
The letter also claimed that the owners of the Pepper Ranch were aware of this issue. This issue was never disclosed to
the County.
The County Attorney, along with Alex Sulecki, met with the Owner's representatives on Monday, December 29th. The
result of this meeting was that the County requested a letter to be signed by Barron Collier withdrawing their claim as a
precondition to the County closing on this transaction, which closing could occur up to December 31, 2008. The owner
and Barron Collier were unable to resolve the issue, and the parties mutually agreed that (1) the closing would not occur;
(2) the issue would be brought to the Board for direction; and (3) the issue would be presented to the Conservation Collier
Land Acquisition Committee (CCLAAC), which was scheduled to meet January 12, 2009, for review and
recommendation for the Board. Both the owner and Barron Collier were asked to attend both meetings to answer
questions. But for this last minute issue, the County was ready, willing and able to close on this transaction.
lOX
The following approaches were considered by the CCLAAC on January 12,2009 (Agenda item IV.E.) and by the Board
on January 13,2009 (Agenda Item 12.A.).
(1) Proceed with the transaction as is, and deal with Barron Collier if and when they assert the issue.
(2) Proceed with the transaction, however, as a precondition to closing, require the Owner to provide the County with a
defend and hold harmless agreement, in a form acceptable to the County Attorney, which would indemnify the
County from all costs associated with any claim brought by Barron Collier. This approach would eliminate any
litigation costs to the County should Barron Collier elect to enforce its claimed rights, but would be otherwise
ineffective if a Court ultimately held that Barron Collier was entitled to some form of access over the Ranch. If the
Court concluded that Barron Collier had a prescriptive easement over the Ranch, the County would receive no
compensation. If a Court were to conclude that Barron Collier was entitled to a statutory right of necessity (Florida
Statutes Sec. 704.04) because their property is otherwise landlocked, the Court would award the County fair market
compensation. To help insure against a decision that Barron Collier had a prescriptive easement over the Ranch, as
a further precondition to closing, the County could have an additional sum placed in escrow, with all costs of
escrow paid by the Owner, in an amount reflecting the estimated fair market value for the prescriptive easement, as
determined by an appraisal.
(3) Before proceeding with closing, attempt to eliminate the issue by directing staff to enter into discussions with both
the Owner and Barron Collier, bringing back any proposed resolution to the Board. One approach for these
discussions would be Barron Collier agreeing to purchase an access easement in the estimated fair market value for
such an easement, as determined by an appraisal, and reducing the purchase price accordingly. Since these are
conservation lands, any access for Barron Collier would have to be expressly limited with respect to type and
frequency, with Barron Collier agreeing on behalf of themselves and their successors not to seek expansion of such
access rights. Discussions of this nature are currently being held, with the hope that a proposed resolution will be
presented to the Board.
(4) Direct the County Attorney to exercise the County's legal rights and rescind the transaction. From a litigation
standpoint, if the owner was in fact aware of Barron Collier's access claim and did not disclose this claim during the
negotiations, and if this access issue is considered to be material to the transaction, the County would have a claim
against the Owner for the damages it incurred, and continues to incur, with respect to this transaction. With respect
to any claim that the Owner might have, paragraph 11.02 of the Agreement provides for the County paying
$100,000 in liquidated damages should it fail to close on the transaction as Owner's sole remedy.
The recommendation of the CCLAAC was to prefer option #3. However, if#3 were not possible, to proceed with option
#2, adding indemnification for the County, involvement of the County in all negotiations, no utilities in any easement and
no hardening or paving of the trail. On January 13, 2009, the Board elected to pursue option #3, making sure that
whatever easement is granted did not diminish the County's ability to obtain the maximum number of Panther Habitat
Units otherwise available from United States Fish and Wildlife Services, and to address a reimbursement to the County of
carrying costs for the transaction incurred by the County from the original scheduled date of closing, December 29, 2008,
to the date of actual closing. Parties were to conduct negotiations with all possible speed, with a goal of returning to the
Board with a resolution to the issue in 2 weeks. To that end, on January 22, 2009, Barron Collier, Lake Trafford Ranch
and the County participated in mediation at no cost to the County. As a result of the mediation, the attached easement is
being proposed to Collier County which meets the Board's requirements with the exception of a reduction in purchase
price for the access easement.
Real Property Management staff estimates the value of a 30-foot wide access easement to be approximately $225,000 and
estimates the value of an easement over the existing trail to be approximately $ 168,750. However, the existing trail is
physical 15 feet wide in some areas and 30 feet wide in others. The Board will need to determine what size easement is
acceptable.
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This access easement contains language that was previously requested by United States Fish and Wildlife Services
("USFWS") so as not to diminish the County's ability to obtain the maximum number of Panther Habitat Units. On
January 23, 2009, USFWS was provided a copy of the proposed easement and responded that, as written, the easement is
expected to result in "little loss of panther habitat value." In order to quantify the loss and provide a more
definite opinion, USFWS will need to review the specifics of the road location and existing condition. Staffwill
update the Board at the January 27,2009 meeting as to any further USFWS opinion.
Staff recommends that the Board close on the transaction after an easement over the existing trail or a 30 foot wide
easement is properly executed and recorded in the public records. If this recommendation is followed, it is requested that
the Board decide whether the purchase price should be reduced for the diminution in value of the property due to the
access easement. If the County ultimately closes, the County has not incurred an additional carrying costs other that it
otherwise would have if the transaction closed on December 29,2008. The County's in house appraiser has estimated that
the value of the Pepper Ranch would be reduced by $225,000 if the proposed access easement was recorded.
FISCAL IMPACT: On November 21,2008, Collier County closed on $13,244,204 in Bank Bonds under an agreement
with Sun Trust Equipment and Financing Lease Corp. This financing was pursuant to Board of County Commission
action on November 18, 2008 (Agenda Item lOF), and was implemented as a means to purchase the Pepper Ranch
property (Companion Agenda Item 10E). This Bond, known as the Series 2008 Bond, is scheduled to be repaid in annual
principal and biannual interest payments through January 2013.
In order to procure this financing the County incurred approximately $44,204 in fees and closing costs; the total cost of
interest payments to be made throughout the life of the debt is $1,462,419.53 ($50,428 is the average monthly interest
accrual). In order to acquire an interest rate of 4.138%, considering the relatively short life of the Bond, the County
agreed to the inclusion of certain pre-payment penalties, described below, within the Bond Resolution.
With the unanticipated postponement of this property acquisition and considering language within the Bond agreement,
financial implications include:
1. Should the sale not occur and Collier County decide to pre-pay the $13,244,204 Bond, the County would be
responsible for approximately $397,300 in prepayment penalties representing 3% of the total financing. In
addition, the County would be responsible for any unpaid interest accrued to the date of pre-payment.
2. The County could opt to use the funds in connection with other Conservation Collier land purchases and not incur
pre-payment penalty charges. Under this option the funds are available for current spending and interest
payments would become due and paid over the life of the indebtedness.
3. Should the County decide to spend the Bond proceeds on other land purchases, there are arbitrage requirements
regarding the timeliness of expending these funds. Other land purchases using the Bond proceeds would require
an amendment to the current financing resolution.
LEGAL CONSIDERATIONS: Dependant upon Board direction. This is a non-quasi judicial matter requiring simple
majority vote. JAK
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners provides direction with respect to whether the
County should close on the Pepper Ranch transaction, in light of the proposed 30 foot wide access easement through the
Pepper Ranch and whether the County should reduce the purchase price to reflect the bond carrying costs and the
reduction in value to the Pepper Ranch due to the access.
Prepared Bv: Jeffrey A. Klatzkow, County Attorney
Jennifer B. White, Assistant County Attorney
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Alex Sulecki, Sr. Environmental Specialist.
Fiscal Impact Prepared Bv: John Yonkosky, Director, Office of Management and Budget
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ACCESS EASKMENT
THIS ACCESS EASEMENT is granted this _ day of 2009, by
Lake Trafford Ranch, LLLP, a Florida limited liability limited partnership, a ("Grantor"),
in favor of BARRON COLLIER INv""ESTMENTS, LTD., a Florida limited partnership
("Grantee").
RECIT ALS:
A. Grantor is the owner of that certain parcel of land located in Collier
County, Florida, commonly known as the "Pepper Ranch" as more particularly described
in Exhibit "A" attached hereto (hereinafter "Grantor's Property"); and
B. Grantee owns land described in Exhibit "B" ("Grantee's Property") that
abutts Grantor's Property; and
C. Grantor has agreed to grant an easement for access to Grantee over a
portion of Grantor's Property.
NOW, THEREFORE, Grantor, for and in consideration ofthe sum often dollars
($10.00) and other valuable consideration paid by the Grantee, the receipt of which is
hereby acknowledged:
1. Grantor does hereby grant to Grantee, a perpetual, non-exclusive easement (the
"Easement") over and across that portion of Grantor's Property described on Exhibit "Cn
(the "Servient Estate") fix the purpose of ingress and egress to and from Grantee's
Property as the dominant estate. It may not be used for above or underground utilities.
Use of the Easement is limited to ingress and egress that serves those activities now
carried out on Grantee's Property which consist of cattle grazing and ranching, hunting,
and forestry, all as defined below (the "Current Usage"), and activities that result in no
greater degree, frequency, or burden of usage of the Easement than docs the Current
Usage. No activities or improvements to the Easement shall be made that will adversely
affect the general conservation value of the Grantor's Property, or its value specifically
for panthers; provided that Grantee shall be permitted to keep such access open and
useable. Grantor retains, and shall have the right to use, the Servient Estate in any and all
ways that are not inconsistent with and that do not unreasonably interfere with the
Easement.
2. Cattle grazing and cattle ranching mean the use of Grantee's Property as pasture
for cattle feeding and sustenance (what about general care of cattle, breeding or dairy
operations), as well as all activities that are usually and customarily associated therewith
based on accepted agricultural practices, as from time to time exist.
GFPAC 1-8-09
IDl:
Forestry means the periodic thinning, clearing, and harvesting of trees and vegetation that
naturally grow on the Grantee's Property. Hunting means non-commercial recreational
hunting, shooting and trapping of wildlife as exists on Grantee's Property.
3. Grantor covenants that it has the right to grant, convey and declare the Easement,
and that Grantee shall have quiet and peaceful use, enjo)'ment and possession thereof.
4. The Easement granted herein is appurtenant to and shall run in favor of Grantee
and its successors in title to the Grantee's Property and shall be binding upon Grantor and
its successors in title to the Servient Estate.
5. Grantor and any successor owner of Grantor's Property has the right, from time to
time, to relocate the Easement from the Servient Estate to a new location so long as it
provides substantially comparable access to Grantee's Property. In such case, Grantee,
its successors and assigns, shall execute a consent to the termination of the Easement
upon its relocation and replacement of the Easement by Grantor (hereinafter
"Replacement Easement''). The Replacement Easement must be of substantially the same
quality and practicability as the Easement granted herein. Grantor agrees to assume any
expense directly related to the relocation of the Easement and any improvements to the
Replacement Easement. Grantee and its successors in title to the Grantee's Property agree
not to seek an expansion of access rights for future development or any other use.
6. The cost of maintaining the Easement shall be shared equally between Gnmtor
and Grantee. The Easement shall be maintained as a lime rock or similar semi-improved
rural road as the road within it has been historically used. The Grantee shall be
responsible to keep the north-south leg of the Easement on its western end clear of
vegetation and other obstructions, as may interfere with its use by Grantee.
IN WITNESS ""'HEREOF, Grantor has caused these presents to be executed on
the date and year .first above written.
Signed and delivered in our presence:
GRANTOR:
Lake Trafford Ranch, LLLP
Wilner.s # J
Printed name oJwl'iness""iiT-----.----....-.....-mm.-...- By:_.____..______.._~
Thomas M. Taylor
Witness #2
Prin.(!(f Mme of witness #2
By:
Christopher L. Allen
Page 2 of3
STATE OF FLORIDA )
COUNTY OF COLLIER )
As its sole general partners
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I HEREBY CERTIFY that the foregoing instrument was acknowledged before me
this day of January 2009, by Thomas M. Taylor, as general partner of Lake Trafford
Ran~h~LLLP, a Florida limited liability limited pa.'inership, who is personally known to
me or who produced as identification.
(SEAL)
STATE OF FLORIDA }
COUNTY OF COLLIER )
Notary Public - State oj'f1orida
Printed Name of Notary
A{v Commission Eypires:
s~:
I HEREBY CERTIFY that the foregoing instmment was acknowledged before me
this _ day of January 2009, by Christopher L. Allen, as general partner of Lake
Trafford Ranch, LLLP, a Florida limited liability limited partnership, who is personally
known to me or who produced as identification.
(SEAL)
r \daUl\wd:.renf\ffL~e lli!lTord raJ1Clr'.aoc(~ ease1nenl do<::
Notary Public - State of Florida
t'O~
Printed Name of Notary
My Commission Expires:
Page 3 of3
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(Legal Description)
Property Tax rdentification Number: 00052360002
A parcel of land lying in the East Half (E'Y.) of the East Halt (E~) of the Southwest
Quarter (SWX:) of tile Southeast Quarter (SEYo) of Section 22, Township 46 South,
Range 28 East, Collier County, Florida, being more particularly described as follows:
Commence at the Southeast corner of Section 22, Township 46 South,
Range 28 East, Collier County, Florida; thence run S 880ST4r W, along
the south line of the Southeast Quarter (SEX) of said Section 22 for a
distance of 1320.38 feel to the Point of Beginning of the parcel of land
herein described; thence continue S 88c57'4T W, along the south line of
the Southeast Quarter (SEX) of said Section 22, for a distance of 330.09
feet; thence run N 00.31 '18" W for a distance of 1342.51 feet; thence run
N 88"'58'31" E for a distance of 330.12 feet; thence run S 00031'14" E, for
a distance of 1342.44 feet to the Point of Beginning; containing 10.17
acres, more or less.
AND
Property Tax Identification Number: 00052440003
A parcel of land lying in the Southeast Quarter (SEX) of the Southwest Quarter (SW~)
and the West Half (WYi) of the Southwest Quarter (SW%) of the Southeast Quarter
(SEX) of Section 22, Township 46 South, Range 26 East, Collier County, Florida, being
more particularly described as follows:
Commence at the Southeast corner of Section 22, Township 46 South,
Range 28 East, Conier County, Florida; thence run S 88~57'47" W, along
the south line of the Soufheast Quarter (SEX) of said Section 22 for a
distance of 1980.56 to the Point of BegInning of the parcel of land herein
described; thence continue S 88"57'47" W, along the south line of the
Southeast Quarter (SEX> of sa~d Section 22, for a distance of 660.19 feet
to the South Quarter corner of said Section 22; thence run S 88"59'47" W
along th~ south line of the southwest quarter of said Section 22, for a
distance of 1321.80 feet; thence run N 00.38'44" W for a distance of
1342.51 fee!; thence run N 86'59'17" E, for a distance of 1324.63 feet;
tnence run N 88.58'31" E, for a distance of 660.24 feet; thence run S
00'31'22" E for a distance of 1342.58 feet to thl~ Point of Beginning;
containing 61_13 acres, more or less.
AN.D
Property Tax Identification Number: 00052680009
The Southeast Quarter (SEX) of the Southwest Quarter (SW14) of Section 26,
Township 46 South, Range 26 East, Comer County, Florida; containing 40.38 acres
more or less.
AND
Property Tax Identification Number: 00053000002
Allor Section 28, Township 46 South, Range 28 East, Collier County, Florida;
containing 645A7 acres more or less.
AND
(a:e-
Property Tax Identification Number: 00053920001
The Northwest Quarter (NW~) of the Northeast Quarter (NEX) of the Northwest
Quarter (NWX) of Section 35, Township 46 South, Range 28 East, Collfer County,
Florida; containing 10.09 acres more or less.
AND
Property Tax Identification Number: 00052640007
A parcel of land located in a portion of Section 26, Township 46 South, Range 28 East,
Collier County, Florida, being more partiCtJlarly described as follows:
The west Half (WYz) of Section 26, Township 46 South, Range 28 East,
Collier County, Florida, less the North 1451,35 feet thereof and less the
Southeast Quarter (SEV.) of the Southwest Quarter (SWY-) of said
Section 26, and less that parcel of land, as described and recorded in
Official Records Book 2585 at Page 2735 through 2737, owned by South
Florida Water Management District with Tax Folio Number 00052640007;
contaIning 185.91 acres, more or less.
AND
Property Tax Identification Number; 00052960004
All of Section 27, Township 46 South, Range 28 East, Collier County, Florida;
containing 643.59 acres more or less.
AND
Property Tax Identification Number: 00053200006
All of Section 33, Township 46 South, Range 28 East, Collier County, Florida;
containing 706.33 acres more or less.
AND
Property Tax Identification Numbers: 00053840000 & 00054040003
The East Half (E~) of the East Half (E~) of the Northwest Quarter (NWYc); and the
Northeast Quarter (NEYc), less the East 30 feet and the Northerly 30 feet for public road
right-of-way per dedication thereof recorded in Plat Book 12, Page 67 (known as
Pepper Road), Section 35, Township 46 South, Range 28 East, Public Records of
Collier County, Florida, less 2.29 acres in the Northeast Quarter (NEX) described in
Deed recorded in Official Records Book 1834, Page 216; also less the real property
described in Quit Claim Deed recorded in Official Records Book 49, Page 4; and in
Official Records Book 280, Page 4BO; and in Official Records Book 282, Page 283; and
in Official Records Book 289, Page 910: all of the Public Records of CoHler County,
Florida;
AND
The Southwest Quarter (SWX) of the Northwest Quarter (NWY>); and the West Half
(W'h) of the Southeast Quarter (SEX) of the Northwest Quarter (NWX); and the
Southwest Quarter (SWX) of the Northeast Quarter (NEV.) of the Northwest Quarter
(NWY.); and the South Half (S%) of the Northwest Quarter (NW'.I.) of the Northwest
Quarter (NWYo); and the Northwest Quarter (NW".I.) of the Northwest Quarter (NWY.) of
the NorthWest Quarter (NWY.); and the Wast Half (W~) of the Northeast Quarter (NE%)
of the Northwest Quarter (NWX) of the Northwest Quarter (NWYc) of Section 35,
Township 46 South, Range 28 East. Collier County, Florida; containing 208.83 acres,
more or less.
The fore mentioned parcels equates to 2,511.90 acres, more or less.
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All of Sections 3> 4 and the North%ofS~.tion 5, TOVVJ1ship 47 South, Range 28 East,
Collier COl.U1ty, Florida.
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EXHIBIT
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HOLE MONTES
ENGINEERS PlANtIERS SUR\lEVORS
UNOSC.\PE AACHlTECTS
950 Encme Way. t-la~s, Florida 34110' Phone: 23S254 2000. Fax: 23925UC7S
HM PROJECT # 2001111
116109
REF DWG # 6-6446
PAGE 1 OF 4
LEGAL DESCRIPTION~
A 30.00 FOOT WIDE STRIP OF LAND LOCATED IN A PORTION OF SECTIONS 26, 27, 28, 33
AND 35, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, lYING
15.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCE AT THE SOUTH QUARTER CORNER OF SECTlON 26, TOWNSHIP 46 SOUTH,
RANGE 28 EAST, COLLIER COUNTY, FLORIDA, THENCE RUN S.OQ058'38"E., ALONG THE
EAST LINE OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 46 SOUTH,
RANGE 28 EAST, COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 30.00 FEET; THENCE
RUN S.89001 '2 ?!W. , FOR A DISTANCE OF 15.00 FEET TO THE POINT OF I?EGIN~ING OF
THE CENTERLINE HEREIN DESCRIBED; THENCE RUN N.Oo058'38"W., PARALLEl TO THE
EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35, FOR A DISTANCE OF
29.98 FEET; THENCE RUN N.01009'15''W., PARALLEL TO THE EAST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 1238.43 FEET; TO
THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY;
THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 80,00 FEET, THROUGH A CENTRAL ANGLE OF 90006'24",
SUBTENDED BY A CHORD OF 113.24 FEET AT A BEARING OF N.46012'27'W., FOR A
DISTANCE OF 125.81 FEET TO THE END OF SAID CURVE; THENCE RUN S.88044'21"W.,
FOR A DISTANCE OF 2414.34 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR
CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF
SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 135.00 FEET, THROUGH A CENTRAL
ANGLE OF 90032'26", SUBTENDED BY A CHORD OF 191.82 FEET AT A BEARING OF
N.45"S9'26''W., FOR A DISTANCE OF 213.33 FEET TO THE END OF SAlD CURVE; THENCE
RUN N.Oo043'13''W., FOR A DISTANCE OF 1122.79 FEET; TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN
NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT. HAVING A RADIUS
OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 90.34'20", SUBTENDED BY A CHORD
OF 99A9 FEET AT A BEARING OF N.46"OO'23''W., FOR A DISTANCE OF 110.65 FEET TO
THE END OF SAID CURVE; THENCE RUN S.88042'26'W, FOR A DISTANCE OF 1829.65
FEET; THENCE RUN N.B8023'51"W., FOR A DISTANCE OF 333.91 FEET; TO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE
RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A
RADIUS OF 125.00 FEET, THROUGH A CENTRAL ANGLE OF 55.08'22", SUBTENDED BY A
CHORD OF 115.71 FEET AT A BEARING OF S.64"01'58'W., FORA DISTANCE OF 120.30
FEET TO THE END OF SAID CURVE; THENCE RUN S,36027'47'W., FOR A DISTANCE OF
64.98 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE
NORTHERLY; THENCE RUN SOUTHWESTERLY. ALONG THE ARC OF SAID CURVE TO
THE RIGHT, HAVING A RADJUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF
42033'01", SUBTENDED BY A CHORD OF 145.14 FEET AT A BEARING OF S.5r44'18'W.,
FOR A DISTANCE OF 148.53 FEET TO THE END OF SAID CURVE; THENCE RUN
8.79.00'48"W., FOR A DISTANCE OF 196.62 FEET; THENCE RUN S.86Q34'54"W., FOR A
DISTANCE OF 1589.15 FEET; THENCE RUN S.85"42'33"W., FOR A DISTANCE OF 1968.01
FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE
SOUTHEASTERLY; THENCE RUN SOUTHWESTERL Y, ALONG THE ARC OF SAID CURVE
1'1:\2001 \2001111\WP\SOUTHPRROADSLdcc
r v ::r:
HM ?ROJECT# 2001111
1/6109
REF DING # 8-6446
PAGE20F4
TO THE LEFT, HAVING A RADIUS OF 85.00 FEET, THROUGH A CENTRAL ANGLE OF
116"18'47", SUBTENDED BY A CHORD OF 144.41 FEET AT A BEARING OF S.27033'10'W.,
FOR A DISTANCE OF 172.55 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 468.01 FEET, THROUGH A CENTRAL ANGLE OF 22"24'56",
SUBTENDED BY A CHORD OF 181.93 FEET AT A BEARING OF S.19"23'46"E., FOR A
DISTANCE OF 163.10 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE
WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 2260.02 FEET, THROUGH A CENTRAL ANGLE OF 6052'44",
SUBTENDED BY A CHORD OF 349.87 FEET AT A BEARING OF S.03"44'56"E., FOR A
DISTANCE OF 350.22 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 5352.89 FEET, THROUGH A CENTRAL ANGLE OF 2"11'42",
SUBTENDED BY A CHORD OF 205.05 FEET AT A BEARING OF S.OQ024'25"E., FOR A
DISTANCE OF 205.,06 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE
EASTERL Y: THENCE RUN SOUTHERLY, AlONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 316.91 FEET, THROUGH A CENTRAL ANGLE OF 20016'29",
SUBTENDED BY A CHORD OF 111.56 FEET AT A BEARING OF S.11038'31"E., FOR A
DISTANCE OF 112.14 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 580.71 FEET, THROUGH A CENTRAL ANGLE OF 1r14'47",
SUBTENDED BY A CHORD OF 174.14 FEET AT A BEARING OF S.13009'22"E., FOR A
DISTANCE OF 174.80 FEET TO THE END OF SAID CURVE; THENCE RUN S.04031'58"E.,
FOR A DISTANCE OF 310.08 FEET; THENCE RUN S.00"36'32"E., FOR A DISTANCE OF
140.46 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE
EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 152.13 FEET, THROUGH A CENTRAL ANGLE OF 37824'10",
SUBTENDED BY A CHORD OF 97.56 FEET AT A BEARING OF S.19018'3T'E., FOR A
DISTANCE OF 99.31 FEET TO THE BEGINNJNG OF A REVERSE CURVE, CONCAVE
WESTERLY; THENCE RUN SOUTHERLY, AlONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 200.00 FEET. THROUGH A CENTRAL ANGLE OF 33050'05",
SUBTENDED BY A CHORD OF 116.40 FEET AT A BEARING OF S.2100S'39"E., FOR A
DISTANCE OF 118.11 FEET TO THE ENDOF SAID CURVE; THENCE RUN S.04~10'36"E.,
FOR A DISTANCE OF 984.89 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR
CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAlD
CURVE TO THE LEFT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAl ANGLE
OF 21037'17", SUBTENDED BY A CHORD OF 37.51 FEET AT A BEARING OF S.14059'15"E.,
FOR A DISTANCE OF 37.74 FEET TO THE END OF SAID CURVE; THENCE RUN
S.25047'53"E., FOR A DISTANCE OF 365.34 FEET; TO THE BEGINNING OF A TANGENTIAL
CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC
OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 575.00 FEET, THROUGH A
CENTRAL ANGLE OF 63~11'57", SUBTENDED BY A CHORD OF 602.58 FEET AT A BEARING
OF S,OSo48'05'W., FOR A DISTANCE OF 634.24 FEET TO THE END OF SAID CURVE;
THENCE RUN S.37"24'03"W, FOR A DISTANCE OF 1123.09 FEET; TO THE BEGINNING OF
A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY,
ALONG THE ARC OF SAlD CURVE TO THE LEFT, HAVING A RADIUS OF 329.61 FEET,
THROUGH A CENTRAL ANGLE OF 67005'00", SUBTENDED BY A CHORD OF 364.24 FEET
H:I2001 \2001111 \WP\SOUTHPRROADSL.doc
o~
HM PROJECT#2001111
1/6109
REF DWG # 8-6446
PAGE 3 OF 4
AT A BEARING OF S.03051'33'W., FOR A DISTANCE OF 385.91 FEET; TO THE BEGINNING
OF A REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE
ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 171.86 FEET, THROUGH A
CENTRAL ANGLE OF 29055'47", SUBTENDED BY A CHORD OF 88.76 FEET AT A BEARING
OF S.14043'04"E.. FOR A DISTANCE OF 89.77 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 3516.56 FEET, THROUGH A CENTRAL ANGLE
OF 8010'26", SUBTENDED BY A CHORD OF 501.26 FEET AT A BEARING OF S.03050'23"E.,
FOR A DISTANCE OF 501.68 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 410.14 FEET, THROUGH A CENTRAL ANGLE OF 31019'23",
SUBTENDED BY A CHORD OF 221.44 FEET AT A BEARING OF S.07044'05'W., FOR A
DISTANCE OF 224.22 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 189.86 FEET, THROUGH A CENTRAL ANGLE OF 31002'51",
SUBTENDED BY A CHORD OF 101.63 FEET AT A BEARING OF S.07"52'21'W., FOR A
DISTANCE OF 102.88 FEET TO THE END OF SAID CURVE; THENCE RUN S.07"39'05"E.,
FOR A DISTANCE OF 287.80 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR
CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC
OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1024.51 FEET, THROUGH A
CENTRAL ANGLE OF 31025'43", SUBTENDED BY A CHORD OF 554.96 FEET AT A BEARING
OF S.23021'56"E., FOR A DISTANCE OF 561.98 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE VVESTERL Y; THENCE RUN SOUTHERL Y, ALONG THE ARC OF SAID
CURVE TO THE RIGHT, HAVING A RADIUS OF 441:77 FEET; THROUGH A CENTRAL
ANGLE OF 67043'42", SUBTENDED BY A CHORD OF 492.34 FEET AT A BEARING OF
S.05"12'SS"E., FOR A DISTANCE OF 522.22 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE
OF 46012'48", SUBTENDED BY A CHORD OF 156.98 FEET AT A BEARING OF S.05"32'31'W.,
FOR A DISTANCE OF 161.31 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 350.00 FEET, THROUGH A CENTRAL ANGLE OF 52050'41",
SUBTENDED BY A CHORD OF 311A9 FEET AT A BEARING OF S.OaoS1'28''W., FOR A
DISTANCE OF 322.81 FEET TO THE END OF SAID CURVE; THENCE RUN S.35Q16'48"W.,
FOR A DISTANCE OF 298.12 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR
CURVE, CONCAVE NORTHERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF
SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 500.00 FEET, THROUGH A CENTRAL
ANGLE OF 19036'39", SUBTENDED BY A CHORD OF 170.30 FEET AT A BEARING OF
S.45005'OS'W., FOR A DISTANCE OF 171.14 FEET TO THE POINT OF TERMINATION;
CONTAINING 13.876 ACRES, MORE OR LESS.
THIS PROPERTY SUBJECT TO EASEMENTS RESERVATIONS OR RESTRICTIONS OF
RECORD
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE NORTHWEST QUARTER
OF SECTION 35, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA AS
BEING S.Qoa58'38"E.
H;\2001 \2001111 \WP'.sOUTHf'RROADSl, doc
\<()~
HM PROJECT # 2001111
116109
REF DWG # B-6446
PAGE 4 OF 4
SIDELINES OF THE HEREIN DESCRIBED CENTERLINE ARE TO BE LENGTHENED OR
SHORTENED TO MEET THE ANGLE POINTS FORM AND TO A LINE WHICH RUNS
PERPENDICULAR TO THE POINT OF BEGINNING AND TO THE SOUTH LINE OF THE
SOUlliEAST QUARTER OF SECTION 33, TOWNSHIP 46 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA WHICH BEARS N.88022'39"E. TO THE POINT OF
TERMINATION.
HOLE MONTES, INC.
CERTIFICATE OF AUTHORIZATION LB # 1772
BY
P.S.M. #5628
STATE OF FLORIDA
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