Backup Documents 06/08/2021 Item #16A17 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP i 6 A 1 7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Coun Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
.aA s 11412,1
4. BCC Office Board of County 1 4)
Commissioners ' `N C..i-DS
5. Minutes and Records Clerk of Court's Office
/ i2 75i11/i
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Vivian Rodriguez Phone Number 252-5880
Contact/Department Transportation Engineering-ROW
Agenda Date Item was 06/08/2021 Agenda Item Number I� '
Approved by the BCC
Type of Document Purchase Agreement— Number of Original
Attached (60168-151FEE/TCE) Documents Attached 1
PO number or account
number if document is N/A
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? SkA ove VR
2. Does the document need to be sent to another agency for additional signatufes? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board N/A
5. The Chairman's signature line date has been entered as the date of BCC approval of the VR
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VR
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. N/A
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 6/8/21 and all changes made during the VR
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the g
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revi . . .05;Revised 11/30/12
1 6 A 1 7
Martha S. Vergara
From: Martha S.Vergara
Sent: Tuesday, June 8, 2021 3:45 PM
To: 'RodriguezVivian'
Subject: VBR Ext. for Parcel 151 FEE & 151TCE
Attachments: Viviana Rodriguez.pdf
Attached for your records.
If you need it recorded in the Official Land Records just send a recording string.
I'll then take it to recording.
Thanks,
Martha
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PROJECT NO.: 60168 Vanderbilt Beach Road Extension
PARCEL NO.: 151FEE & 151TCE
FOLIO NO.: 24745002349
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (this "Agreement") is made and entered into
as of the Effective Date (as hereinafter defined), by and between NAPLES ASSOCIATES
IV, LLLP, a Florida limited liability limited partnership, whose mailing address is 1600
Sawgrass Corporate Parkway, Suite 400, Sunrise, FL 33323 (hereinafter referred to as
"Seller") and COLLIER COUNTY, a political subdivision of the State of Florida, whose
mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite
800, Naples, FL 34112 (hereinafter referred to as "Purchaser"). Seller and Purchaser are
sometimes referred to herein as a "Party" and collectively as the "Parties."
WHEREAS, Purchaser desires to purchase 1) a portion of Seller's property as
described in the Special Warranty Deed attached as "Exhibit A," which is incorporated
herein by reference, together with all structures and improvements thereon (hereinafter
referred to as "Parcel 151FEE"); and 2) a temporary construction easement in favor of
Purchaser (the "Temporary Construction Easement") over, under, upon and across a
portion of the Seller's property as described in the Temporary Construction Easement
attached as Exhibit "B," which is incorporated herein by reference (hereinafter referred to
as "Parcel 151TCE"); and
WHEREAS, Seller has agreed to sell Parcel 151FEE and grant the Temporary
Construction Easement over, under, upon and across Parcel 151TCE (such parcels
hereinafter collectively referred to as the "Property") to Purchaser for the stated purposes
on the terms and conditions set forth herein; and
WHEREAS, following the closing Purchaser has agreed to construct drainage
facilities as described herein, for the benefit of Seller's adjoining subdivision, on the
condition that Seller agrees to perpetually maintain such drainage facilities at no cost to
Purchaser, as more particularly described in the Special Warranty Deed;
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. RECITALS
The foregoing recitals are true and correct and are incorporated herein by this reference.
2. AGREEMENT
In consideration of the Purchase Price (as hereinafter defined) and upon the terms and
conditions hereinafter set forth, Seller agrees to sell Parcel 151FEE to Purchaser and
grant the Temporary Construction Easement with respect to Parcel 151TCE, and
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Purchaser agrees to purchase Parcel 151 FEE from Seller and accept the Temporary
Construction Easement with respect to Parcel 151TCE.
3. PURCHASE PRICE
Subject to the adjustments, credits and prorations set forth in this Agreement, the
purchase price (the "Purchase Price") to be paid at Closing (as hereinafter defined) for
Parcel 151FEE and the Temporary Construction Easement shall be SIX HUNDRED
EIGHTY-ONE THOUSAND EIGHT HUNDRED and 00/100 DOLLARS ($681,800) (U.S.
Currency) payable by County check at Closing. The Purchase Price, subject to the
apportionment and distribution of proceeds pursuant to Paragraph 6 of this Agreement,
shall be full compensation for Parcel 151FEE conveyed, including all structures,
improvements, fixtures, landscaping, trees, and shrubs, located thereon, and the
Temporary Construction Easement granted with respect to Parcel 151TCE, and shall be
in full and final settlement of all claims against the Purchaser, including all attorneys' fees,
expert witness fees and costs as provided for in Chapter 73, Florida Statutes. None of
this Purchase Price is attributed to any personal property.
4. CLOSING
The closing of the transaction contemplated by this Agreement (the "Closing") shall be
held on the date (the "Closing Date") that is within one hundred twenty (120) days of the
Effective Date or within thirty (30) days of receipt by Purchaser of all fully executed closing
documents and documents necessary to convey marketable title free of any liens,
encumbrances, exceptions, or qualifications, whichever is later, unless extended by
mutual written agreement of the Parties hereto. The Closing shall be held at Collier
County Growth Management Department, Transportation Engineering Division, 2885
Horseshoe Drive South, Naples, Florida 34104. Purchaser shall be entitled to possession
at the time of Closing, unless otherwise provided herein.
5. DOCUMENTS TO BE DELIVERED AT CLOSING.
At Closing, Seller shall cause to be delivered to Purchaser, in addition to any other
documents referred to elsewhere in this Agreement to be delivered at Closing, the
following documents and instruments duly executed and acknowledged:
A. A special warranty deed (the "Deed"), in recordable form, conveying to Purchaser
fee simple title to Parcel 151 FEE, in substantially the form attached hereto as Exhibit "A".
B. The Temporary Construction Easement, in recordable form, with respect to
Parcel 151TCE, in substantially the form attached hereto as Exhibit "B".
C. An "Owner's Title Affidavit" in usual and customary form, together with any other
affidavits, documents or other information as may be reasonably requested by the Title
Company (as hereinafter defined) necessary to permit Purchaser to obtain title insurance
insuring its interests in the Property subject only to the Permitted Exceptions.
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D. An affidavit confirming that Seller is not a "foreign person" within the meaning of
the U.S. tax laws and to which reference is made in the Internal Revenue Code, Section
1445, as amended.
E. A Public Disclosure Affidavit in compliance with Section 286.23, Florida Statutes.
F. All items which are necessary to satisfy Seller's Title Requirements (as
hereinafter defined).
G. A W-9 Form, "Request for Taxpayer Identification and Certification" as required
by the Internal Revenue Service.
H. Such evidence of authority and capacity of Seller and its representatives to
execute and deliver this Agreement reasonably requested by the Title Company.
I. All other documents as are reasonably requested by the Title Company to
consummate this transaction.
At Closing, each Party shall execute and deliver a combined Purchaser-Seller closing
statement (the "Closing Statement").
6. CLOSING EXPENSES AND PRORATIONS.
Purchaser shall pay all fees to record any curative instruments required to clear title, and
all Deed and Temporary Construction Easement recording fees and all documentary
stamps or other transfer taxes due on the Deed and/or Temporary Construction
Easement. In addition, Purchaser may elect to pay reasonable processing fees required
by mortgagees in connection with the execution and delivery of a Release or Satisfaction
of any mortgage, lien or other encumbrance recorded against the Property; 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 as payoff, paydown, or 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
Seller, and shall be deducted on the Closing Statement from the compensation payable
to the Seller per Paragraph 2. County shall have sole discretion as to what constitutes
"reasonable processing fees."
There shall be deducted from the proceeds of sale all prior year ad valorem taxes and
assessments levied against the parent tract property which remain unpaid as of the
Closing Date. Ad valorem taxes, assessments and any other charges which benefit or
burden Parcel 151FEE shall be prorated as of the Closing Date. Ad valorem taxes for
the year of Closing shall be prorated based upon the gross amount thereof but at the
maximum discounted rate (provided such taxes have been or may still be paid at such
rate). If the Closing Date occurs when the current year's taxes are not fixed and the
current year's assessment is available, taxes will be prorated based upon such
assessment and the prior year's millage. If the current year's assessment is not available,
then taxes will be prorated based upon the prior year's taxes; provided, however, that any
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tax proration based upon an estimate or upon the prior year's taxes may, at the request
of either Party, be subsequently readjusted upon receipt of the actual tax bill covering
Parcel 151 FEE.
7. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS
A. Seller agrees to relocate any existing irrigation system (if any) located on Parcel
151FEE including any irrigation lines, electrical wiring and sprinkler valves, etc., prior to
the Purchaser's commencement of construction of the Vanderbilt Beach Road Extension
Project No. 60168 improvements within Parcel 151 FEE (the "Project") without any further
notification from Purchaser. Seller assumes full responsibility for the relocation of the
irrigation system (if any) on the remainder property and its performance after relocation.
Seller holds Purchaser harmless for any and all possible damage to the irrigation system
in the event owner fails to relocate the irrigation system prior to Purchaser's
commencement of construction of the Project.
B. If Seller elects to retain any improvements and/or landscaping ("Improvements")
located on Parcel 151FEE, the Seller is responsible for their retrieval prior to Purchaser's
commencement of construction of the Project without any further notification from
Purchaser. Seller acknowledges that Purchaser has compensated Seller for the value of
the improvements located on Parcel 151 FEE, and yet Purchaser is willing to permit Seller
to salvage said improvements as long as their retrieval is performed before Purchaser's
commencement of construction of the Project and without interruption or inconvenience
to Purchaser's contractor. All Improvements not removed from Parcel 151FEE prior to
Purchaser's commencement of construction of the Project shall be deemed abandoned
by Seller.
The provisions of this Paragraph 7 shall survive Closing and are not deemed satisfied by
conveyance of title.
8. TITLE DEFECTS; AS-IS TRANSACTION
A. Within ten (10) days of the Effective Date of this Agreement, to the extent that
they exist and are in Seller's possession and control, Seller shall provide Purchaser with
a copy of any existing title insurance policy and survey concerning the Property.
B. Within forty-five (45) days after the Effective Date hereof, Purchaser shall obtain
as evidence of title an ALTA Commitment for a Title Insurance Policy with Florida
Modifications covering the Property (the "Title Insurance Commitment") from a national
title company acceptable to Purchaser (the "Title Company"), together with hard copies
of all exceptions shown thereon. Purchaser shall have thirty (30) days following receipt
of the Title Insurance Commitment (the "Title Review Period"), to notify Seller in writing
of any objections to title (the "Title Objection Notice"). Any objections not made by
Purchaser prior to the end of the Title Review Period shall be deemed to be waived by
Purchaser and all matters disclosed on Schedule B-Il of the Title Commitment, to which
no objection is made, shall be deemed "Permitted Exceptions".
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C. Seller shall have the right at its option, but not the obligation, to cure said title
matters objected to in the Title Objection Notice, or agree to cure such matters, in a
manner reasonably acceptable to Purchaser and the Title Company prior to Closing.
Seller shall have ten (10) business days after receipt of Purchaser's Title Objection Notice
to notify Purchaser ("Seller's Title Response Notice") whether it has elected to cure such
title matters or has elected not to cure any such title matters. If Seller has elected in
Seller's Title Response Notice not to cure any one or more of such title matters, then
Purchaser, notwithstanding anything contained in this Agreement to the contrary, may
terminate this Agreement within five business (5) days after receipt of Seller's Title
Response Notice, in which case neither Party shall have any further rights, obligations or
liabilities with respect to each other hereunder, except for the obligations specifically
provided for under this Agreement that survive termination. If Seller does not elect to
cure, or agree to cure, any such title matters as provided herein, and if Purchaser does
not elect to terminate this Agreement as provided herein, such matters that Seller does
not elect to cure or agree to cure shall be deemed waived by Purchaser and classified as
Permitted Exceptions.
D. Notwithstanding anything contained herein to the contrary, Seller will satisfy all
customary Schedule B-I requirements of the Title Commitment (other than those
requirements relating to payment of the Purchase Price, obtaining the Survey and/or
Purchaser's existence and authority) and the "standard exceptions" of the Title
Commitment applicable to Seller relating to mechanics liens, parties in possession, and
the organization, existence, and authority of Seller (other than the standard survey
exception), and shall pay and discharge all liens, mortgages and deeds of trust arising
out of the acts of Seller, at Closing. The foregoing obligations of Seller, together with any
title matters Seller has elected or agreed to cure in Seller's Title Response Notice are
collectively referred to in this Agreement as "Seller's Title Requirements."
E. Purchaser acknowledges and agrees that, except as otherwise provided in or
contemplated by this Agreement, Purchaser is purchasing Parcel 151 FEE and accepting
the Temporary Construction Easement with respect to Parcel 151TCE in their "AS-IS,
WHERE-IS" condition with all faults and defects, latent and patent, and without any
warranties or representations, either express or implied, of any kind, nature, or type
whatsoever from Seller (except for and other than those representations, warranties and
agreements made by or on behalf of Seller to Purchaser in this Agreement and those
contained in the documents delivered by Seller to Purchaser at Closing). Without in any
way limiting the generality of the immediately preceding sentence, Purchaser and Seller
further acknowledge and agree that Seller has not made, will not make, does not make
and specifically negates and disclaims any representation and/or warranty of any kind or
character whatsoever made, whether express or implied, oral or written, of, as to,
concerning or with respect to the Property (except for and other than those
representations, warranties and agreements made by or on behalf of Seller to Purchaser
in this Agreement and those contained in the documents delivered by Seller to Purchaser
at Closing). The provisions of this subparagraph 8.E shall survive the Closing.
9. DRAINAGE FACILITIES; TEMPORARY CONSTRUCTION EASEMENT
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A. In order to cure the impact of the roadway and related improvements to be
constructed as part of the Project on the Seller's remainder property adjacent to the
Property, in connection with Purchaser's design and construction of the Project
improvements, Purchaser shall design, construct and install as part of the Project and at
Purchaser's sole cost and expense, one (1) forty-eight inch (48") reinforced concrete pipe
and two (2) junction boxes in the location specified and in substantial conformity with the
plan sheet attached hereto as "Exhibit C" (hereinafter referred to as the "Drainage
Facilities"). Seller and/or Seller's successors and assigns, including, without limitation,
Valencia Trails Homeowners Association, Inc., being the homeowners association
organized by Seller to administer and maintain a residential community developed on
Seller's remainder property, shall have the right to utilize the Drainage Facilities for the
purpose of carrying surface water drainage to and/or from water retention areas, shall be
solely responsible for maintenance, repair and/or replacement of the Drainage Facilities,
and shall be allowed reasonable access to the Drainage Facilities and the real property
upon and in the general vicinity of the Drainage Facilities (the "Drainage Facilities Area")
for such purposes, all as more particularly described in the Special Warranty Deed
(collectively, the "Seller's Purpose"). The provisions of this subparagraph shall survive
Closing and are not deemed satisfied by conveyance of title.
B. The Temporary Construction Easement with respect to Parcel 151TCE shall be
granted by Seller in favor of Purchaser for the sole purpose of constructing the Drainage
Facilities. Purchaser's rights to enter Parcel 151TCE pursuant to the Temporary
Construction Easement shall commence upon the issuance of Purchaser's official "Notice
to Proceed" to its roadway contractor for the construction of the Project and shall
automatically terminate three (3) years therefrom or upon Purchaser's notification to the
roadway contractor of substantial completion of the portion of the Project lying within
Parcel 151 FEE, whichever occurs first. Notwithstanding the foregoing, the Temporary
Construction Easement shall provide that it shall automatically terminate and be
extinguished from the Public Record of Collier County, Florida on the date that is five (5)
years after the Closing Date.
10. TERMINATION AND REMEDIES
A. If Seller shall have failed to perform any of the covenants and promises contained
herein which are to be performed by Seller, Purchaser shall have, at its option, the
following remedies: (i) to terminate this Agreement by giving written notice of termination
to Seller, in which event this Agreement will be null and void and the Parties will have no
further rights or obligations hereunder except with respect to the obligations that expressly
survive termination; (ii) to proceed to the Closing and take title to Parcel 151 FEE and
accept the Temporary Construction Easement, but subject to matter(s) of which Seller
has failed to perform; or (iii) the right to commence an action for specific performance
against Seller to compel Seller to cure and/or satisfy the matter(s) giving rise to Seller's
failure, provided, that any such action is initiated within ninety (90) days after the alleged
failure by Seller. Under no circumstances may Purchaser seek or be entitled to recover
any special, consequential, punitive, speculative, special or indirect damages, all of which
Purchaser specifically waives, for any default by Seller under this Agreement.
Notwithstanding anything to the contrary contained in this Agreement, Seller shall not be
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in default and/or breach of this Agreement unless: (A) Purchaser shall have provided
written notice of the alleged default and/or breach to Seller; (B) Seller shall have failed to
Close within a period of five (5) days after receipt of such notice for Seller's failure to
Close, or for a default and/or breach other than a failure to Close, Seller shall have failed
within fifteen (15) days after receipt of such notice to commence such action that is
reasonably necessary to cure said default and/or breach and thereafter diligently pursue
to cure such default and/or breach within a reasonable time; and (iii) Purchaser is in
compliance and in good standing with the provisions of this Agreement.
B. If the Purchaser has not terminated this Agreement pursuant to any of the
provisions of this Agreement authorizing such termination, and Purchaser fails to close
the transaction contemplated hereby as and when provided for in Paragraph 4 of this
Agreement or otherwise fails to perform any of the terms, covenants and conditions of
this Agreement as required on the part of Purchaser to be performed, provided Seller is
not in default, then as Seller's sole remedy, Seller shall have the right to terminate and
cancel this Agreement by giving written notice thereof to Purchaser, whereupon $500
shall be paid to Seller as liquidated damages, which shall be Seller's sole and exclusive
remedy, and neither Party shall have any further liability or obligation to the other except
with respect to the obligations herein that expressly survive termination. Notwithstanding
anything to the contrary herein contained, the Purchaser shall have the right to terminate
this Agreement without cause by giving written notice of termination to Seller, in which
event the liquidated damages provisions of this Section 10.B shall equally apply, and
Seller's sole remedy shall be a claim for payment of $500 as liquidated damages and
neither Party shall have any further liability or obligation to the other except with respect
to the obligations herein that expressly survive termination. The Parties acknowledge
and agree that Seller's actual damages in the event of Purchaser's default or termination
without cause are uncertain in amount and difficult to ascertain, and that said amount of
liquidated damages was reasonably determined by mutual agreement between the
Parties, and said sum was not intended to be a penalty in nature.
C. If Closing occurs, each Party shall each be entitled to pursue all remedies
available at law and/or in equity with respect to any default and/or breach by the other
Party of any terms or conditions of this Agreement and/or any agreement, covenant
and/or obligation to be performed after the Closing Date by such Party pursuant to this
Agreement; provided, however, neither Party shall be in default and/or breach unless: (i)
the Party alleging such default and/or breach shall have provided written notice of the
alleged default and/or breach to the other Party; (ii) the alleged defaulting and/or
breaching Party shall have failed within a period of fifteen (15) days after receipt of such
notice to commence such action as is reasonably necessary to cure said default and/or
breach and thereafter diligently pursue to cure such default and/or breach within a
reasonable time; and (iii) the alleging Party is in compliance and in good standing with
the provisions of this Agreement. The provisions of this subparagraph shall survive
Closing.
D. The Parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies to each
of the Parties and take into account the peculiar risks and expenses of each of the Parties.
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11. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
A. Seller has full right and authority to enter into and to execute this Agreement and
to undertake all actions and to perform all tasks required of each hereunder. Seller is not
presently the subject of a pending, threatened or contemplated bankruptcy proceeding.
B. Seller has full right, power, and authority to own and operate the Property, and
to execute, deliver, and perform its obligations under this Agreement and the instruments
executed in connection herewith, and to consummate the transaction contemplated
hereby. All necessary authorizations and approvals have been obtained authorizing
Seller and Purchaser to execute and consummate the transaction contemplated hereby.
At Closing, and upon the reasonable request of the Purchaser or Title Company, Seller
shall deliver to Purchaser or the Title Company true copies of any document evidencing
the same.
C. Seller represents that there is no pending litigation, investigation or claim which
affects or which might affect Seller and/or the Property, and to Seller's actual knowledge,
there is no threatened litigation, investigation or claim which affects or which might affect
Seller and/or the Property.
D. Seller represents that no party or person other than Purchaser pursuant to this
Agreement has any right or option to acquire the Property or any portion thereof.
E. Until the Closing Date or as long as this Agreement remains in force and effect,
Seller shall not encumber or convey any portion of Parcel 151FEE or any rights therein,
nor enter into any agreements granting any person or entity any rights with respect to
Parcel 151 FEE or any part thereof that will survive Closing and be binding on Purchaser
and/or Parcel 151 FEE, 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.
F. To Seller's actual knowledge (without undertaking any investigation), the
Property is not in violation of any statute, law, rule, regulation, ordinance or permit
promulgated or issued by any governmental authority pertaining to the Property. Seller
has not received any written notification from any governmental authority as to any
violations relating to the Property or any improvements currently or previously located
thereon.
G. Seller represents there are no unrecorded agreements, restrictions, leases,
tenancies or other possessory rights that affect the Property and Seller shall deliver
exclusive possession of Parcel 151 FEE to Purchaser at Closing free and clear of all: (i)
oral or written, recorded or unrecorded, leases and other occupancy agreements, and (ii)
tenants and others claiming possessory rights in or to Parcel 151 FEE.
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H. Seller will not initiate any application or action to cause the zoning of the Property
to change from its existing zoning as of the Effective Date up to and including the Closing
Date.
I. At Closing, Seller shall cause Parcel 151 FEE to be delivered to Purchaser in
substantially the same physical condition as exists on the Effective Date provided,
however, that Seller shall have the right, but not the obligation, at Seller's sole cost and
expense, to remove those improvements, items and materials as set forth in Paragraph
7 of this Agreement.
J. If Seller receives any notice or otherwise acquires any knowledge of the
commencement of any legal action that will or may impact upon or affect Seller or the
Property or the transaction contemplated by this Agreement, or if Seller receives any
notice from any governmental authority of any action that will or might be taken thereby
that will or may impact upon or affect Seller or the Property or the transaction
contemplated by this Agreement, Seller hereby agrees to immediately provide Purchaser
with copies of any such written notices received and/or written notice of any such
knowledge acquired.
The representations, warranties, covenants and agreements set forth above in this
paragraph 11 shall be construed as continuing representations, warranties, covenants
and agreements through the Closing Date but shall not survive Closing.
12. PUBLIC DISCLOSURE
If the Seller holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Seller
shall make a written public disclosure, according to s. 286.23, Fla. Stat., under oath,
subject to the penalties prescribed for perjury, of the name and address of every person
having a beneficial interest in the Property before the Property 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.)
13. NOTICES
Unless otherwise specifically provided herein, all notices to be given hereunder shall be
in writing and sent to the Parties as hereinafter provided, by hand delivery; certified mail,
return receipt requested, postage prepaid; by a nationally recognized overnight courier
service; or transmitted by electronic mail (with confirmation sent by any of the other means
described in this sentence). Any such notice shall be deemed given upon the earlier of
receipt by the addressees if hand delivered (or attempted delivery if refused by the intended
recipient thereof), on the next business day after deposit with a recognized overnight courier
service, on the third (3rd) day following deposit thereof in the United States mail, or on the
date of transmission (with no receipt of error in transmission) if sent by electronic mail.
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Notices to Seller shall be sent to: Naples Associates IV, LLLP, 1600
Sawgrass Corporate Parkway, Suite 400, Sunrise, Florida 33323, Attn: Richard Arkin, E-
Mail: richard.arkin@glhomes.com; together with a copy to Purchaser's attorney at: 1600
Sawgrass Corporate Parkway, Suite 400, Sunrise, Florida 33323, Attn: Steven M.
Helfman, Esq., E-Mail: steve.helfmanqlhomes.com.
Notices to Purchaser shall be sent to: Transportation Engineering Division,
Attn: Robert Bosch, Right-of-Way Acquisition Manager, 2885 South Horseshoe Drive,
Naples, Florida 34104, E-mail: Robert.bosch@colliercountyfl.gov; together with a copy to
Office of the County Attorney, Attn; Jeff Klatzkow, County Attorney, 3299 Tamiami Trail
East, Suite 800, Naples, Florida 34112, E-Mail: Jeff.klatzkow(a�colliercountyfl.gov.
The place to which any Party hereto is entitled to receive any notice may be
changed by such Party by giving notice thereof in accordance with the foregoing
provisions. The attorneys for Seller and Purchaser are authorized to send and receive
notices and demands on behalf of their respective clients hereunder.
14. BROKER
Each Party hereto represents and warrants to the other Party hereto that there are no
real estate brokers, agents or finders involved with respect to this Agreement or the
transaction contemplated herein, and that there are no brokerage fees, finders' fees or
brokers' commissions due as a result of their respective negotiation and/or execution of
this Agreement, or which will be due as a result of the Closing contemplated by this
Agreement by virtue of their respective acts, inactions, conduct or otherwise. The County,
subject to the limitations contained in Section 768.28, Florida Statutes, and the Purchaser
do hereby agree to indemnify, defend and hold the other Party harmless from and against
any breach of their respective representations, warranties and agreements as set forth in
this Paragraph 14, including, without limitation, attorneys' fees and court costs through all
trial, appellate and post judgment proceedings. The provisions of this Paragraph 14 shall
survive the Closing.
15. MISCELLANEOUS
A. This Agreement and the exhibits attached hereto contain the entire agreement
between the Parties, and there are no promises, representations, warranties or covenants
by or between the Parties not included in this Agreement. No modification or amendment
of this Agreement shall be of any force or effect unless made in writing and executed and
dated by both Purchaser and Seller.
B. No waiver of any provision of this Agreement shall be effective unless it is in writing
signed by the Party against whom it is asserted, and any waiver of any provision of this
Agreement shall be applicable only to the specific instance to which it is related and shall
not be deemed to be a continuing or future waiver as to such provision or a waiver as to
any other provision.
C. This Agreement is governed and construed in accordance with the laws of the
10
1 6A17
State of Florida. Venue for all actions shall be in Collier County, Florida. In connection
with any litigation arising out of this Agreement, the prevailing Party shall be entitled to
recover all costs incurred in connection with such litigation, including reasonable
attorneys' fees, through and including all appellate levels. The provisions of this
subparagraph shall survive the Closing or any earlier termination of this Agreement.
D. Should any part of this Agreement be found to be invalid, then such invalid part
shall be severed from this Agreement, and the remaining provisions of this Agreement
shall remain in full force and effect and not be affected by such invalidity.
E. The "Effective Date" of this Agreement will be the date of execution of this
Agreement by the last signing Party.
F. The Parties hereto agree that this Agreement may be executed in multiple
counterparts, each of which individually shall be deemed an original, but when taken
together shall be deemed to be one and the same Agreement. Signatures of the Parties
on copies of this Agreement or any amendments hereto transmitted by facsimile or
electronic transmission shall be deemed originals for all purposes of this Agreement and
shall be binding upon the Parties.
G. Time is of the essence with regard to this Agreement. If any date upon which, or
by which, an action under this Agreement is required to have been performed or completed
is a Saturday, Sunday or legal holiday recognized by the federal government, then the date
for such action shall be extended to the first day that is after such date and is not a Saturday,
Sunday or legal holiday recognized by the federal government.
H. The Parties, at any time and from time to time, upon request of the other Party,
agree to execute, acknowledge and deliver all such further deeds, assignments, transfers,
conveyances, instruments and assurances, as may be reasonably required for the
consummation of the transactions contemplated by this Agreement. The terms of this
subparagraph shall survive Closing.
I. The Parties to this Agreement have participated freely in the negotiation and
preparation hereof and have had the opportunity to have an attorney involved in such review
and negotiations. Neither this Agreement nor any amendment hereto shall be more strictly
construed against any of the Parties. As used in this Agreement or any amendment hereto,
the masculine shall include the feminine, the singular shall include the plural, and the plural
shall include the singular, as the context may require. Nothing herein contained shall be
deemed to: (1) create a relationship between Seller and Purchaser as other than purchaser
and seller; or (2) create a fiduciary duty on the part of either Party to the other. Provisions
of this Agreement that expressly provide that they survive the Closing shall not merge into
the Deed.
J. WAIVER OF TRIAL BY JURY. TO THE EXTENT PERMITTED BY APPLICABLE
LAW, THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL
BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE
AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
11
1 6A17
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date
first above written.
AS TO PURCHASER:
DATED: (..VS/g- /
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk of the COLLI R UNTY, FLORIDA
Circuit Court & Comptroller
By: By: ,
E�erk PENNY TA -LOR, Chairperson
4114-
ABEA �u::t',a�i's
signature only.
AS TO SELLER:
DATED: ,1" i� 0 i
WITNESSES: NAPLES ASSOCIATES IV, LLLP, a Florida
limited liability limited partnership
By: Naples IV Co ration, a Florida
corporation ` s eneral partner
By: (j" • �_.
( ignature) Richard Arkin, Vice President
(Printed Name)
v4 ce9,2
(Signature)
4-0R0LYSJ 01566
(Printed Name)
Approved as to form and legality:
'1;
Jennifer A. Belpedio c'� ix\
Assistant County Attorney
12
16A1i
PROJECT NO.: 60168 Vanderbilt Beach Road Extension
PARCEL NO.: 151FEE EXHIBIT A
FOLIO NO.: 24745002349
Page, / of q
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED made this day of
2021, by NAPLES ASSOCIATES IV, LLLP, a Florida limited liability limited partnership,
whose mailing address is 1600 Sawgrass Corporate Pkwy, #400, Sunrise, FL 33323
(hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the
State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the
County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "Grantee", and
also as the "County").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors, and assigns.
Grantor and Grantee are used for singular or plural, as the context requires.)
WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars
($10.00) and other valuable consideration, receipt whereof is hereby acknowledged,
hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto
Grantee, all that certain land situate in Collier County, Florida (the "Property"), to wit:
See attached Exhibit "A" incorporated herein by reference.
Subject to easements, restrictions, and reservations of record, but this reference shall
not operate to reimpose same, and the covenants and restrictions created below.
THIS IS NOT HOMESTEAD PROPERTY NOR IS IT CONTIGUOUS THERETO.
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of said
Property in fee simple; that Grantor has good right and lawful authority to sell and convey
said Property; that Grantor hereby warrants the title to said Property and will defend the
same against the lawful claims of all persons claiming by, through or under Grantor and
no others; and that said Property is free of all encumbrances except as noted above.
GRANTOR, AND BY ACCEPTANCE AND RECORDATION OF THIS DEED, THE
COUNTY, CREATE THE FOLLOWING COVENANTS AND RESTRICTIONS:
1 . County's Construction of Drainage Facilities: The County agrees to construct
and install, at its sole cost and expense, certain drainage facilities upon and within the
Property (the "Drainage Facilities"), for the purpose of receiving and carrying surface
water drainage from retention areas located on Grantor's adjoining real property
consisting of a planned community known as Valencia Trails, created by a plat titled
Brentwood Lakes — Plat One, recorded in Plat Book 67, Page 68, Official Records of
Collier County, Florida (the "Benefitted Property"). (For clarity, when created said
subdivision included the Property, however upon Grantor's conveyance of the Property
to the County herein, the Property shall automatically be excluded from the Benefitted
Property.)
2. Grantor's Obligation to Maintain Drainage Facilities: Following construction, the
obligation to maintain, repair and replace the Drainage Facilities (the "Maintenance
Obligation") shall "run with the land" and shall inure to the benefit of the County and be
binding upon Grantor and its successors in title with respect to the Benefitted Property.
Following construction, the County shall have the right, but shall have no obligation of any
kind, to maintain, repair or replace the Drainage Facilities or to pay any costs associated
therewith.
3. Indemnification: Grantor and its successors in title with respect to the Benefitted
Property shall defend, indemnify and hold the County harmless from and against any and
1
EXHIBIT A 1 6 A 1 7
Page -2 of 41
all claims, suits, damages, liability and costs (including without limitation attorneys' fees
and court costs) asserted against or suffered or incurred by the County relating to (i) the
performance of, or failure to perform, the Maintenance Obligation, and (ii) property
damage, personal injuries or deaths caused by the performance of, or failure to perform,
the Maintenance Obligation.
4. Right-of-Entry to Perform Maintenance Obligation: Grantor and its successors
in title with respect to the Benefitted Property shall have the right to enter upon such areas
of the Property as reasonably needed from time to time to perform the Maintenance
Obligation, subject, however, to compliance with all applicable governmental laws, rules
and regulations, including without limitation the County's permitting, insurance, notice,
and other requirements for performing work on public property and public right-of-way.
5. Assignment of Maintenance Obligation to Association: Grantor shall have the
right to assign in writing the Maintenance Obligation and Grantor's other rights and
obligations under the foregoing covenants and restrictions to Valencia Trails
Homeowners Association, Inc., a Florida corporation, being a homeowners association
created by Grantor to administer and maintain the Valencia Trails planned community on
the Benefitted Property (the "Association") as described in that certain Amended and
Restated Declaration of Covenants, Restrictions and Easements for Valencia Trails
recorded in OR 5897, Page 2079, Official Records of Collier County, Florida (as further
amended and restated from time to time, and together with the associated by-laws and
articles of incorporation, the "Declaration"). Following any such assignment, the
Association shall be bound by all terms and conditions of the foregoing covenants and
restrictions and Grantor shall be released from all duties, obligations and responsibilities
pursuant to or as a result of the foregoing covenants and restrictions accruing on or after
the date of such assignment to the Association. No such assignment by Grantor to the
Association shall be binding upon the County until the County shall have received a copy
of a properly executed and recorded amendment to the Declaration or other assignment
instrument evidencing such assignment by Grantor to the Association.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents
the day and year first above written.
WITNESSES: NAPLES ASSOCIATES IV, LLLP, a
Florida limited liability limited partnership,
By: NAPLES IV CORPORATION, a
Florida corporation, its general partner
By:
(Signature) Richard Arkin, Vice President
(Print Full Name)
(Signature)
(Print Full Name)
16A17
EXHIBIT A
STATE OF FLORIDA
COUNTY OF BROWARD Page -3 of4
The foregoing Special Warranty Deed was acknowledged before me by means of I
physical presence or I online notarization this day of , 2021, by
RICHARD ARKIN, as Vice President of NAPLES IV CORPORATION, a Florida
corporation, the general partner of NAPLES ASSOCIATES IV, LLLP, a Florida limited
liability limited partnership, who:
is personally known to me
OR
has produced as proof of identity.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial / Commission # (if any):
My Commission Expires:
Approved as to form and legality:
Jennifer A. Belpedio kr��
Assistant County Attorney
EXHIBIT 6 A l 7
Page �� of '-±____
N EAST LINE OF
WEST 1/2 OF
SOUTHWEST 1/4 /
OF SECTION 32
i
W ��rl`
S NAPLES ASSOCIATES N LLLP
OR 4996/3983
MIT UK KCh. .��.
o KC
. r U[ a
7-46.4'"'"'` WEST 1/2 OF SOUTHWEST 1/4
OF SECTION 32, TOWNSHIP 48 ,
SOUTH, RANGE 27 EAST z m
cnv�
P I, 5
�OQ ,, - 0 JLJcD
POINT OF ,1"\`�,6 �G'r �' o =o N
OMMENCEMENT, �OOO D24,. Irkc0- 0/i- to N N v p
Al Cho O'
N8T43'43"E '5. ' 0959� -, v PROPOSED
r100.00' A-50 �6A PARCEL 151 FEE
P�--- C0' ,r 270,000 SQ. FT.
NO2'16'17"W
c M. 28.25' - SOUTH LINE
!-`,ARe A ' OF SECTION 32
�� ,_ /'�• 1183.35'
S87'32'49"W
_' — — — — —RITTER, SCOTT IIMUIN UK KO& TRAC AR d.7 4=C
POINT OF DEBRA I I MCALEER, RICKY J &
BEGINNING OR 2719/697
COLLIER CNTY CHRI STINA L
OR 4260/2807 TRACT 17 I NI OR 2514/238
SQ.FT. SQUARE FEET
FEE PROPOSED FEE SIMPLE ACQUISITION
OR OFFICIAL RECORDS (BOOK/PAGE) - T E - ROW
PROPOSED FEE SIMPLE PARCEL ` ' ` W
JUL 17 2020
LEGAL DESCRIPTION (PARCEL 151 FEE)
A PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 32;
THENCE N.8733'40'E., ALONG THE SOUTH LINE OF SAID SECTION 32, FOR 100.00 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL;
THENCE N.02'16'17'W., FOR 28.25 FEET TO A POINT ON A CURVE;
THENCE NORTHEASTERLY 1,303.37 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF
2,740.00 FEET THROUGH A CENTRAL ANGLE OF 2715'16' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.64'09'59'E.
FOR 1,291.11 FEET TO A POINT ON THE EAST UNE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 32;
THENCE S.02'15'30"E., ALONG SAID EAST LINE, FOR 540.61 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 32;
THENCE S.8T32'49'W., ALONG SAID SOUTH LINE, FOR 1,183.35 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED
HEREIN;
CONTAINING 270,000 SQUARE FEET MORE OR LESS.
,•N 0‘chae/4 ',,
BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE. ` *
::::x :....•0. ell i TIoc?/0•.z.....1i-....7)0.........:
- D :CD 5-307 0 -
-
: n.( . y
0
4and SuNe' '
0 100 200 400 ,+ 1 1 1 1 `t
BY'.
------ NAIL WARD. PROFES IONAL. LAND SURVEYOR
SKETCH Sc DESCRIPTION ONLY � — FLORIDA RECISTRA CI FICA ND. 5301
NOT A BOUNDARY SURVEY SCALE: 1"=200' SIGNING DATE
THE SEAL APPEAR11,4 IS DOCUUENT WAS
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS AUTHORIZED BY IEC A WARD. PIS
VANDERBILT BEACH ROAD EXTENSION
SKETCH do DESCRIPTION OF: PROPOSED FEE SIMPLE ACQUISITIONW 6610 Naples.
ParkFloridaDrive.109Suit 200
Nllow oida 34109
PARCEL 151 FEE Phone:(239)J9LB No7-0575 9AX:(239)597.0578
COLLIER COUNTY, FLORIDA ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
060119.06.00 2 32 485 27E 1" = 200' 5/27/20 DAM 151FEE _ 1 OF 1
1 6A17
PROJECT NO.: 60168 Vanderbilt Beach Road Extension EXHIBIT
PARCEL NO.: 151TCE
FOLIO NO.: 24745002349 Page / of y
TEMPORARY CONSTRUCTION EASEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT, is made and entered into this
day of , 2021 (the "Effective Date"), by NAPLES ASSOCIATES
IV, LLLP, a Florida limited liability limited partnership, whose mailing address is 1600
Sawgrass Corporate Pkwy #400, Sunrise, FL 33323 (hereinafter referred to as "Grantor"),
to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800,
Naples, FL 34112 (hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors and assigns.
Grantor and Grantee are used for singular or plural, as the context requires.)
WITNESSETH:
That the Grantor, for and in consideration of Ten Dollars ($10.00) and other
valuable consideration paid by the Grantee, receipt, and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary
Construction Easement to enter upon the lands described as follows (the "Easement
Area"):
SEE ATTACHED EXHIBIT "A," which is incorporated herein by reference,
for the purpose of constructing roadway, sidewalk, drainage, and utility facilities within the
public right-of-way immediately adjacent thereto and constructing and installing certain
drainage facilities within the Easement Area in substantial conformity with the plan sheet
attached hereto and made a part hereof as Exhibit "B".
The term of this Temporary Construction Easement shall commence upon the
issuance of Grantee's official "Notice to Proceed" to its roadway contractor for the
construction of Vanderbilt Beach Road Ext Project No. 60168 (the "Project"), and shall
automatically terminate three (3) years therefrom or upon Grantee's notification to its
roadway contractor of substantial completion of the portion of the Project lying
immediately adjacent to the Easement Area, whichever occurs first. Notwithstanding the
foregoing, this Temporary Construction Easement shall automatically terminate and be
extinguished from the Public Record of Collier County, Florida on the date that is five (5)
years after the Effective Date.
Upon completion of the construction of the improvements within the Easement
Area and the public right-of-way immediately adjacent to the Easement Area, Grantee
shall use its best efforts to restore the surface of the Easement Area to its pre-existing
condition.
[Signatures and acknowledgements appear on the following page]
EXHIBIT /3 1 6 A 17
Page of 4
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
AS TO GRANTOR: NAPLES ASSOCIATES IV, LLLP, a Florida
limited liability limited partnership
By: NAPLES IV CORPORATION, a Florida
corporation, its general partner
By:
Witness: Richard Arkin, Vice President
Print Name:
Witness:
Print Name:
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing Temporary Construction Easement was acknowledged before me by
means of physical presence or online notarization this day of
, 2021, by RICHARD ARKIN, as Vice President of NAPLES IV
CORPORATION, a Florida corporation, the general partner of NAPLES ASSOCIATES
IV, LLLP, a Florida limited liability limited partnership, on behalf of such corporation and
partnership, who:
is personally known to me
OR
produced as proof of identity.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial / Commission # (if any):
My Commission Expires:
Approved as to form and legality:
OS) N.\e .
Jennifer A. Belpedio \v
Assistant County Attorney
2
16A17
EXHIBIT
N /
Page ?. of 4 /
/
.iiW ---7---,, E
PROPOSED N88'33'38"E
S PARCEL 151 TCE 50.00' S01'26'22"E
3,653 SQ. FT. 55.86'
N01'26'22'W �1 pip, /
90.00'
l
POINT OFF
NAPLES ASSOCIATES N WY / BEGINNING '
OR 4996 PG 3983 V
24745002349
i AL=60.55' ,.
R=2740.00'
A=1'15'58"
CB=S54'14'05"W o,`a
CH=60.54'
o a,
csI 0
N 117
NIA
O
ZI
I
I
POINT OF
COMMENCEMENT
SOUTH UNE
OF SECTION 32
N87'33'40"E 1165.82'
TCE PROPOSED TEMPORARY CONSTRUCTION EASEMENT
OR OFFICIAL RECORDS (BOOK/PAGE)
>cV PROPOSED TCE
LEGAL DESCRIPTION (PARCEL 151 TCE)
A PARCEL OF LAND LYING IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 32;
THENCE N.8T33'40"E., ALONG THE SOUTH LINE OF SAID SECTION 32, FOR 1,165.82 FEET;
THENCE N.O2'26'20"W., FOR 455.59 FEET TO A POINT ON A CURVE AND THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL;
THENCE SOUTHWESTERLY 60.55 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS
OF 2,740.00 FEET THROUGH A CENTRAL ANGLE OF 01'15'58" AND BEING SUBTENDED BY A CHORD WHICH BEARS
S.54'14'05"W. FOR 60.54 FEET;
THENCE N.O1'26'22"W., FOR 90.00 FEET;
THENCE N.88'33'38"E., FOR 50.00 FEET;
THENCE S.01'26'22"E., FOR 55.86 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN;
CONTAINING 3,653 SQUARE FEET, MORE OR LESS. Digitally signed by
,.``�p,El'A.k,9%, Michael A.Ward
.tti,;�RSIFrc,i; �'-':- DN:cn=Michael A.
*+c'Ls 5301 *= Ward,o=State of
z` * ,,. Florida,ou=LS 5301,
3 cl, s F >°, email=maw@consult-
. u,c
-.S�' �, RL�P'QJ�` rwa.com,c=US
-, FR LAND SJ`O Date:2021.03.16
""" ""'"'`` 09:12:32-04'00'
0 60 12O zoo �,, 03/1`' - it MICHAEL A. WARD. PROFESSIONAL LAND SURVEYOR
SKETCH & DESCRIPTION ONLY FLORIDA REGISTRATION CERTIFICATE NO. 5301
NOT A BOUNDARY SURVEY SCALE: 1"=120' SIGNING DATE:
THE SEAL APPEARING ON THIS DOCUMENT WAS
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS AUTHORIZED BY MICHAEL A WARD. PLS
VANDERBILT BEACH ROAD EXTENSION
SKETCH Sc DESCRIPTION OF: iliki 6110 Willow Park Drive,Suite 200
Naples,Florida 34109
PROPOSED TEMPORARY CONSTRUCTION EASEMENT Phone:(239)597-0575 FAX:(239)597-0579
PARCEL 151 TCE LB No.:0952
COLLIER COUNTY, FLORIDA ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
060119.06.00 7 35 48S 26E 1" = 120' 2/25/21 DAM SK151TCE 1 OF 1
1 6 A 1 7
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