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Agenda 04/22-23/2008 Item #16B 8 Agenda Item No. 1688 April 22, 2008 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to approve an Easement Agreement for 0.12 acres of unimproved property for a non-exclusive easement for Pathways and Public Utilities along Immokalee Road. OBJECTIVE: To secure a 0.12 acre pathway (Immokalee Greenway) and utility easement over an unimproved parcel within Heritage Bay, north of Immokalee Road. CONSIDERATIONS: The County is constructing a 12' greenway along the canal adjacent to the north side of lmmokalee Road. The greenway area will also provide a location for the relocation and expansion of county utilities. The county has modified the design and location of the greenway and utilities in consideration for the ultimate relocation of the lmmokalee Road/Collier Boulevard intersection and canal. The purchase of this easement will allow the greenway and utilities to remain in the final location under present conditions and the future expansion of the intersection and canal. Without this easement now, the county would be required to maintain the functioning utilities in the future, purchasing potentially developed property and incur additional expenses to relocate the canal, greenway and utilities. The Transportation Engineering and Construction Management right of way department has appraised the land value at approximately $106,000. The owner has agreed to a lesser amount to facilitate the greenway project. FISCAL IMP ACT: The total payment for the acquisition of 0.12 acres will be $55,000. Funds will be paid from Project No. 690811. GROWTH MANAGEMENT IMPACT: The construction of the greenway and utility expansion is consistent with the GMP and Comprehensive Pathway Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Approve the attached Easement Agreement; 2. Authorize its Chairman to execute same on behalf of the Board; 3. Authorize the County Manager or his designee to close the real estate transaction with the Heritage Bay Development, LLC, as contemplated by said Easement Agreement; 4. Accept the real property conveyed thereby; 5. Authorize staff to record the instruments of conveyance in the public records; and 6. Authorize any budget amendments which may be required in order to implement the collective will of the Board. Prepared by: Nick Casalanguida, Director, Transportation Planning Attachment: Easement Agreement, Locus Map, Appraisal Item Number: Item Summary: Meeting Date: Page 10f2 Agenda Item No. 1688 April 22, 2008 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1688 Recommendation to approve an Easement Agreement for 0.12 acres of unimproved property for a non-exclusive easement far Pathways and Public Utilities along lmmokalee Road. ($55.000) 4/22/2008 9.0000 AM Prepared By Nick Casalanguida Transportation Services MPO Director Date Transportation Planning 4/10/20087:58:58 AM Approved By Nick Casalanguida Transportation Services MPO Director Date Transportation Planning 4/10/20087:56 AM Approved By Norm E. Feder. AICP Transportation Services Transportation Division Administrator Date Transportation Services Admin. 4/10/2008 8:04 AM Approved By Dale A. Bathon, P.E. Transportation Services Prinicipal Project Manager Transportation Engineering and Construction Date 4/10/20088:23 AM Approved By Kevin Hendricks Transportation Services Right Of Way Acquisition Manager Date TEeM-ROW 4/10/200810:28 AM Approved By Sharon Newman Transportation Services Accounting Supervisor Date Transportation Services Admin 4/10/20084:40 PM Approved By Pat Lehnhard Transportation Services Executive Secretary Date Transportation Services Admin 4/10/20084:53 PM Approved By OMS Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 4/11/2008 8:07 AM Approved By Susan Usher County Manager's Office Senior ManagemenUBudget Analyst Date Office of Management & Budget 4/11/20084:21 PM file://C:\AgendaT est\Export\ I 05-April%2022,%202008\ 16. %20CONSENT%20AGENDA \1... 4/16/2008 Page 2 of2 Agenda Item No. 1688 April 22, 2008 Page 3 of 13 Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date (' "- County Manager's Office 411212008 9:35 AM ., ! " ) file://C :IAgenda T estlExportl 1 05 -April%2022, %202008116. %20CONSENT%20AGENDA 11... 4/16/2008 SHORT FORM APPRAISAL - COLLIER COUNTY REAL PROPERTY DEPARTMENT FORMAT Agenda Item No. 1688 April 22, 2008 Page 5 of 13 PROJECT NAME: Heritage Bay Commons PARCEL NUMBER: Portion of Tract 0, Heritage Bay Commons Partial acquisition, future ROW PARENT TRACT SIZE: 11.53 acres OWNER'S NAME: H9I'itage Bay Development LLC PURPOSE OF THE APPRAISAL: To estimate the market value of the unencumbered fee simple Interest of the subiect property, and to estimate the compensation due the property owner (culTent record tille holder oflhe tee simple Interest in lt1e property) by reason of the laking theretrom for public purposes. MARKET VALUE OEFINED: The most probable price. as of a specified date. In cash or in terms equlvalenllo cash, or In other prooselY revealed terms, for which a property would sell after reasonable exposure in a competitive market under all conditions requisite to a far sale, with the buyer and the seller eac~ acting prudently. knowledgeably, and for self interest. and assuming 1ha1 neither is under any undue stimulus to act. LEGAl DESCRIPTION: (attach if/engthy) See Legal Description prepared by RWA 2129/08. 5282 sf or .12 acres PROPERTY HISTORY: (Details of mosl recent sales transac~on, I.e.. Sale Price. Date of Sale, Recording Data and Folio Number... each sale assembled to form the parent tlOCr) The subiect parent tract was purchased by the current owner In August 2007 fur $8,500,000. This pree reflects a unit/price of approximately $17/sf, PRESENT ZONING: PUD, Commeraal Activity Center -~. FUTURE LAND USE: Commercial HIGHEST AND BEST USE (DiscussIOn and Conclusion): Commercial de'ielopment as allowed by the Heritage Bay PUD (retail and/or office). DESCRIPTJON OF SUBJECT PROPERTY (Location. Access, Availabflity of utilities, ProXImity to Amenities, Soiis. Elevation. Vegerafion. etc.) The subject parent tract is a commercial development pod withJn the Heritage Bay PUD, Heritage Bay IS a mixed-use PUD which Includes a compatible mile of single and multi-family master planned development as well as a commeraaI component. The subject parent tract (Tract "0") is identified as an Acbvitv Center Commercial tract fronting the immokalee Road portion of the PUD close to the Collier Blvd intersection. BrJdge crossings (across the Cocohatchee canal) provide good access onlo Immokalee Road from this area of Heritage Bay. The subject proposed ROW IS a triangu]a~y shaped parcel located .iust east of the Gocx:lland Bav Drive bridge along the canal frontage at Immokalee Road, 'I PHOTOGRAPHS OF SUBJECT: N/A SKETCH / DRAWING OF SUBJECT PROPERTY SHOWING PRJMARY NEIGHBORHOOD: NIA DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS Iff applicable): SHORT FORM APPRAISAL - COLLIER COUNTY REAL PROPERTY DEPARTMENT FORMAT Agenda Item No. 16B8 April 22, 2008 Page 6 of 13 Three sales were identified as SImilar to the subject property with respec1 to location. zoning, commercial utility and size. These sales are brleflv described as follows: 1, Tracts A, J. K and M within Heritage Bay Commons, 14.80 acres. zoned oommerCial, Sale Price: $10,500,000 Sale Date: June 2006 Unit/Price: $16.30Jsf 2. 1100 Immok~e Rd, within the Pelican Marsh DRI. 19.99 acres, zoned busmess-commercial (PUO) Sale Price: $23,075,000 Sale Date: December 2006 UniUPrice: $26.50/sf 3. Immokalee Rd at 1-75, portion of the Breezewood PUD. 7.45 acres zoned commercial (PUD) Sale Price: $8,095,200 Sale Date: December 2006 UnIt/Price: $25/5f DISCUSSION OF COMPARABLE SAlES ANO EXPlANATION OF ADJUSTMENTS (If .ppflcable): With consideration given to differences lt1locaiion within the greater Naples market. differences In commercial visibility/frontage, differences m markel climate at the time of the vanous sales and size factor Influence a unit price of $20151 iSludged 10 be most reasonable for the subiect lands. RECONCILIATION OF VALUE INDICATIONS {and flIlal estimate of unft value. land only): Proposed ROW parcel, 5.282 sf. 5.282 sf at $20/sf = 5106,000 (rounded) FINAL ESTIMATE OF LAND VALUE: _20fsf x _5,282sf_ = $_106,000_ (Unit Value) 1_ 01 SubjecfJ (Total Land Value) ~ ESTIMATED VALUE OF IMPROVEMENTS (ffanl1: NlA SUMMARY OF VALUES: TOTAL LAND VAlUE.... .... . .. '-106,000 TOTAl VALUE OF IMPROVEMENTS . ...... $_0 TOTAl COMPENSATION. . . . . .. L106,OOO Page 2 SHORT FORM APPRAISAL - COLLIER COUNTY REAL PROPERTY DEPARTMENT FORMAT Aoenda Item No. 1688 " April 22. 2008 Page 7 of 13 LAST PROPERTY INSPECTION DATE: NIA ~ DATE Of VALUE: March 20. 2008 SIGNATURE OF APPRAISER /L ( IU APPRAISER'S NAME: Harry Henderson, SRA (Attach Summary of Qualifications and Credentials. Form Cerlification and Statement of Assumm;ons and Limiting Conditions if deSired,) Page 3 ***THIS IS NOT A SURVEY*** ~ 0:' " Cl . ~N~ wJ:U ou~ z~~~ :S e. Cl ~. o o '" . W liNE OF TRACT D TRACT D HERITAGE BAY COMMONS PB 43, PGS 46-54 PROPOSED 583'48' 0" RIGHT-OF_WAY LINE 2 E 318,09' N89"SS'23"W 307.97' S LINE OF T~ACT D SEARING BASIS Agenda Item No. 16B8 April 22, 2008 age 8 of 13 POB SW CORNER OF TRACT D N LINE OF 1 DO' WIDE COCOHATCHEE CANAL RIGH7 -OF -WAY CURVE LENGTH C1 35.22' CURVE TABLE RAD'US DELTA 182.00' 11'05'12" CHORD I CHORD BRG. 35.16' N13'35'12~W ~ POB POINT OF BEGINNING P8 PLAT BOOK PG(S) PAGE(S) Ll SEE LINE TABLE C1 SF:~ CURVE TABLE LEGAL DESCRIPTION W E r " " GRAPHIC SCALE 1"..60' A TRACT OR PARCEL Of LAND SITUATED IN THE STATE OF FLO~IDA. CDUNlY OF COLLIER, LYING IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 26 EAST, BEING PART OF TRACT D. HfRITAGE BAY COMMONS, AS RECORDED IN PLAT BOOK 45. PAGES 46 THROUGH 54, Of THE PUBLIC RECORDS OF COLLIER COUI\TY, FLORIDA AND BEING MORE PAR~ICUl.ARLY DESCRIBED AS F:)LLDWS; BEGINNING AT THE SOUTHWEST CORNeR OF SAID TRACT D; THENCE NORTHERLY 35,22 FEET ALONG THE WEST LINE OF SAID TRACT D AND THE ARC OF A \JON-TANGENTIAL CURVE TO THE RIGHl HAVING A RA)IUS OF 182.00 FEET THROUGH A CENTRAL ANGLE Of 11'05.12" At'iD B:;:ING SUOTENDED BY A CHORD WHICH BEARS N,13'J5'12~W. FOR 35.16 FEET: THENCE 5.83"48'20"E., FOR .1'8.09 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT S; Tr-lENCE N.BS'S8'23"W. ALONG SAiD SOUTH L11>lE, FOR 307.97 FEET TO THE POINT OF BEGINNING. CONTAINING 5,282 SQUARE FE~ OR 0.12 ACRES. MORE OR 1_[55. PARCEL SUBJECT TO EASEMEt>lTS, RESTRICTIONS, ReSERVATIONS AND r(IGH":"S OF WAY, (RECORDED AND UNRECORDED, WRITTEN AND UNWRITIEN), BEARINGS BASED ON THE SOUTH LINE Of TRACT 0, f-.ERITAGE BAY COMMONS, AS R~CORDED :N ,;olLAT 800K 4.3, PAGES 4-6 THROUGH 51 OF" THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN S::CTIDN 2'6, TOWNSf-'IP 40 SOUTH, RANGE 22 EAST, AS HAVING AN ASSUMED BEARING or N.8S'58.23"W ~ _________X~S' RICHARD V. NESTLER DATE PROFESSIONAL SURY=-YOR AND MAPPER FLORIDA CERTIFICATE-No. LS 4786 NOT VALID UNLESS EMBOSSED WITH PRorESSIONAL.S S::AL D\lTAINC.=..,. CONSULTING CivilEugIneemJg .&....., 'L .JI" .....,""&_ 15<12Ca1Dlstr.0'( (239l=IIF~ar;::n.541& _.<xmd-f'o\l!LOClll Flw\dllCelllkQ\ovlAll\llll:ll!lllIl6lm "'2'/29/08 ~. i" _, 60' VAAW~ IJY: OTN CHfCKW"" TITLE: CH21v1 HILL SKETCH & DtSCRIPTION CLIENT: RVN $i~ =~ ;;,~ ~~~~~C;: 060177 .02.00 ~~~EJER: 1 or 1 FILE NUM9ER: D005-SK2 Agenda Item No. 16B8 April 22. 2008 Page 9 of 13 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entared into on this _ day of , 20_, by and betw....n HERITAGE BAY DEVELOPMENT, LLC, a Fiorida limited liability company, whose mailing address is 11983 Tamiami Trail North, Suite No. 100, Naples, Florida 34110, (hereinafter referred to as 'Owne"), and COLUER COUNTY, a political subdivision of the State of Fiorida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred 10 as 'Purchaser"). WHEREAS, Purchaser requires a Perpetual, Non-exclusive Easement for Pathways and Public Utilities over, under, upon and across the lands described in Exhibit "A-, which is anached hereto and made a part of this Agreement (hereinafter referred to as the "Easement"); and WHEREAS, Owner desires 10 convey the Easemenl to Purchaser for the staled purposes, on the terms and conditions set forth herein: and WHEREAS, Purchaser has agreed to compensate Owner tor conveyance of the Easement. NOW THEREFORE, in consideration of these premises. Ihe sum of Ten Dollars ($10.00). and other good and valuable consideralion, Ihe 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 incorporeted herein by reference as if sel 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: $55,000,00 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 con'l8yed, inoluding all lendscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final seUlement of any damages rosuttlng to Owner's remaining lands, costs to oure, 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 ot said Easemenl to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions andJor quali~ications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon !heir recording in 'he public records of Collier County, Florida. Owner shall cause to be delivered to Purchaser the Items specified herein and the following documents and instruments duty executed and acknowledged, in racordable form (herelnafter referred to as "Closing Documentsn) on or before the date of Closing: (a) Perpetual, Non-exclusive Pathway and Public Utility Easement; (b) Subordination. Consen1 and Joinder (Regions Bank); (c) Closing Statement; (d) Grantor's Non.Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and Agenda Item No. 1688 April 22, 2008 Page 10 of 13 Page 2 (I) Such evidence of authority and capacity of Owner and 115 representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonab~ determined by Purchaser, Purchase(s counsel and/or title company. 4. Both Owner and Purchaser agree that time is of the essenCe of this Agreement and that, therefore, Closing shall occur within ninety (90) days from the date of execution of this Agr""ment by the Purchaser; provided, however, that Purchaser shall have the unilateral right to eJdend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all sucn liens, encumbrances or qualifjcations affecting Purchaser's enjoyment of the Easement. At Closing, payment shall be made to Owner in Ihat 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 agr""s to ralocate any existing irrigation system lcealed 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 lor the relocation of the irrigation system on the remainder Easement and ils performance after relocalion. 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 construclion 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 "alue 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 Irom the Easement prior to construction of the project commences shall be deemed abandoned by Owner. This provision shall survive Closing and is no! deemed sallsfied 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, whicllever is the earlier. 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 transac1ion contemplated hereby. (b) Purchaser's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuanl to Ihe provisions of this Agreement. (c) No party or person other than Purchaser has any right or option to aoquire Ille Easement property or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and eff8ct, Owne( shall not encumber or convey any portion of the property undertying the Easement or any rights therein, nor enter into any agreements granting any person or entity any tights with respect to the Easement, withou1 first obtaining the written consenr of ~rchaser to such conveyance, encumbrance, or agreement. wnich consent may be wtthheld by Purchaser for any reason whatsoever. Agenda Item No. 1688 April 22, 2008 Page 3 Page 11 of 13 (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, admini8trative 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 Agreem,,"!. (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding thai Owner will not cause the physical condition of the property underiying Ihe Easement to change from its existing state on the effectIve date of this Agreement up to and including the date of Ciosing. 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 undertying the Easement or"s intended use by Purchas..r. (h) The property underlying the Easement, and all uses of the said Easement, have been and presently are in compliance with all Federal, State and Locel environmental laws; 1hat no hazardous substances have been generated, stored, treated or transferred on the property underlying th.. Easement except as speoifically disclosed to Iha Purchaser; that the Owner has no knowledge of any spill or enVlronmental law violation on the Easement contiguous 10 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 Hen against the property underlying the Easement; or cj any lawsu~, proceeding or investigation regarding the generation. storage, treatment, spill or transfer of hazardous substances on the property underiying the 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, liabii~ies, laws, costs and expenses (including without fimitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or adminis1ratlve proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising mil of the breach of any of Owner's representations under persgraph 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 w~h 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 dis1ribution 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 for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner. and shall be deducted on the Closing Statement from the compensation payable to the OWr)Qr 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. Owner shall further pay all dooumentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 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 1he par1ies hereto and their respective heirs, executors, personal Agenda Item No. 1688 April 22, 2008 Page 4 Page 12 of 13 representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 11. If the Owner holds the property unde~ying the Easement in the form of a partnership, limited pertnershlp, corporation, trust or any form of repre8entative capacity whetsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oeth, of the name and address of every person having a beneficial interest In the property underlying ll1e Easement before the Easement held In such capactty 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 ll1an those so stated herein; and this written Agreement, including all exhibtts at1ached 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 fuli force and effect and not be affected by such invalidity. 14. This Agreement is governed and construed in accordance wtth ltie laws oIlhe Slate of Florida. IN WITNESS WHEREOF, the parties hereto have executed thi8 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: _ TOM HENNING, Chairman 0; HERiTAGE BAY DEVELOPMENT, LLC, · G- "...., Steven T. Hovland, Managing Member AS TO OWNER: C April (Witness (Slg Terri M. Terry Name (Print or Type) ~A~ Witness (Signature) ~reb V1o(';" Name (Print or Type) 2008 Agenda Item No. 1688 April 22. 2008 Page 13 of 13 ***THIS IS NOT A SURVEY*** ~ '" o !:~ >-ia"~. '0' '," 00". i z;;i.....; I :5,..~; ..0 ,f:.. -0 · o co ~w I \ LINE OF TRACT D ~RACT 0 HER~AGt gAv CC~MONS P6 43, ~GS 46-54 EXHIBIT A P8ge-L OfT PROPOSED RIGHT_OF WAy 563'48'20"E ~ UN€: "Ia9'Sa'2J"W 307.97' 5 lIN OF" TRACT 0 BEARING BASIS JI8.0S" N liNE OF" 100 WIDE COCOHATCHEE. CANAl RIGHT-Or-WAY POB SW CORNER OF "'RACT 0 CURVE.: C' LE"'GTH .35.22' RAD~.JS 162.0C' CJ::<V[ TAELE ~ElTA "'05"2" CHORD J~16' I CHORD~ N13'J5"2"W E w WlEllil. PDS PO,/IlT or I3EG!N~ING PB - PLAT BOOK PGIS) PAGE(S) II ,. SEE LIN~ TAKE :1 '" sn: cuRVE TAB'-E r " " GRAPHIC SCALE '"..&0 LEGAL DESCRIPTION It.. TRACT OR ;:>ARCH OF LAND SITUATED IN Tii[ STATE OF FLORIDA, COUNTY OF CO...1..It:R, LYING IN SEC~ION n. TOWNSHIP 46 SOJTH, ~ANGE 26 EAST. BEING PART O~ TRACT D, HERITAGE 8.A'Y' C0I.1....0NS. AS ~ECOR)ED 'N PLAT BOOK 43. PAGES 46 THROUGH 54, or THE PU8l1C RECOR:S OF CC'_Ll:]~::;OUf\TY, F~ORIDA AND BE1NG MORE PARTICJL.ft,RLY' DESCRI9ED AS FO:"lOWS 8E.GfNNINC AT THE S:)UTHW[ST CORNER or SAJ) TRA,::;T 0; "HENCE ","ORTl-ERL'f 3522 FED ALONG irE: WEST liNE OF SAID ,~ACT D A"'D THt: ARC OF A NON-"'ANGEt-;llAL CURVE ;0 iHE RIGHT MA\lTNC A RADIuS or 182.DO ::-ED THROUC'-I A. CENTRA'~ ANC:..E 0" 1.,'05'12" AND BEING S.'BTENDED err A CHORD Wl-leH BEARS ~.1:5'35'12.1'i, fOR 35.16 rEET; THENCE S,8J'4e'20T, FOR 31!l,09 FEET TO A POINT ON THE SCJ,H UNE OF SAID TRACT 0: THffiCE N.B9':)5'2:S"W ALONG SAID SouTH LINE, FOR 30797 :OEET TO THE POINT OF BEGINNING. CON~AINtNG 5,2a2 SQUARE "'EEl CR 0,12 ACRES, !.'ORE OR LESS. PARCEL SUBJ(C~ TO [ASE~'\ENTS, RESTRICTIONS, RESERVATIONS AND RIGI'TS OF WAY, (RECORD::O AND UNRECORDED, WRITTEN At-oD UNWRITTEN). BEARINGS BASED ON 7HE SOUT~ LINE: OF Ti~AC D, HSRlTAGE BAY COM~ONS, AS RECOR;:lE.C IN pi.AT BOOK 43. ?ACES 46 THROUC;., 54 OF THf PUBLIC RE:ORD5 OF COL:..IEFl COJNTY, FLORIDA, !.'(I~G iN SECTION 23, 7OW"'SHIP 48 SOUT..." qANGF. 26 EAST, A5 HAVING A, BEARING OF N eg'S8'23"W. ~. A/4{g ~---------------------~~jI~--- RICHARD V, NESTLER OAT[ PROFESSIONAL S'JRI,I[YOR AND ~A.PPr:R F",O~IDA ::;ERTIFICATE t-.o L.S 4785 NOT VAL D :.IN..ES5 WBOSSED WITh >'ROFESS'OI\A:"'S SEAL ~Evl$LO TC -.:OAA;CCT SEC."I)f>I/""",,~ 'I'OFOA;IllATIOI'. ~ -J-(J! PTl< n'l1:TAlJ<C.=-. ~NMTINQ ""'_ ... '" fA. ... _~_ 11/12=-""" (2S)::~~~~I. --- AiIl*~III~1III$I; I"' ~29/De ,. - 50' ~_. PTN CH2M -Ill L S,o(ETCH & DESCRIPTION ~.n'" RV' ;~ ~: ;;i~~;;ii: 06C1.I1_G2.00 !~~~~ER; I M 1 l'IU NUIABEIl OQ04-SK2