Lely Manor Canal
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 85
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or informatioo needed. If the document is already complete with the
~ tion of1he Chairman's s. , draw a line . lines #1 #4 lete the checklist, and forward to Sue Filson ine #5 .
Route to Addressee(s) Office Initials Date
ist in routin order ~,
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is 1he holder of1he original document pending BCC approval. Normally 1he primary contact is 1he person who cn:atedIprepared the executive
summary. Primary contact information is needed in 1he event one of1he addressees above, including Sue Filson. need to con1act staff for additional or missing
information. All original docwnents needing 1he BeC Cbairman's signature are to be delivered to the BCC office only after 1he BeC has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
-\<.=:vl~ +-\~~lc..K 'S
..:z.;2JuN~ OJoo'f
Phone Number
~S~ · SSLJ4
Agenda Item Number
I c...S5
Number of Original
Documents Attached
~,.
..:4
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a r riate.
1. 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. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ibl State Officials.
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other 'es exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs ~ placed on the appropriate pages indicating where the Chairman's
si and initials are uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
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 our deadlines!
6. The document was approved by the BeC on~ .~.DLl (enter date) and aU changes
made during the meeting have been incorporated in the attached document. The +:(H
Coun Attome's Office has reviewed the chan es, if a lieable.
Ra-saE: ~~: N/I-.lUTE~44 ~~d>s - P~'S€'c::::...e.LL. I<evIl"J~IttCi'O @ -2.~~ - "5eL.f4
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
A~ A T11:Si8) "s=>1l-\p...T wE" Hc....'( ~I!}:J ,..-....e "t"'toO(2) E.~.:SEHEJ.-STS . . .
\t-\~tc:. '(ou.
t<H-
K-H
4.
~H
k+-l
NfA
1685
MEMORANDUM
Date:
August 12, 2008
To:
Kevin Hendricks, Right-of-Way Manager
Transportation Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Dedication and Conveyance of Drainage Easement and Release of
Origianl Easement and Temporary Construction Easement
Attached please find the originals of the document as referenced above,
Agenda Item #16B5, as approved by the Board of County Commissioners
on Tuesday, June 22, 2004.
Please forward back to the Minutes and Records Department to keep in the
Board's Official Records, once the document has been recorded. If you should
have any questions, please call me at 252-8411.
Thank you,
Enclosure
/'
1685
Prepared by and after recording return to:
Christopher J. Thornton
Cheffy, Passidomo, Wilson & Johnson, LLP
821 Fifth A venue South
Naples, Florida 34102
(239) 261-9300
TEMPORARY CONSTRUCTION EASEMENT
''r'- THIS TEMPORARY CONSTRUCTION EASEMENT ("Easement"), is made this
S'"' day of ~(,uS, ,2008, .by CDC LA~D INVESTMENT~, INC.
f/kla Collier Development Corporation, a FlorIda corporatIon, whose address IS ~?03
Tamiami Trail North, Naples, Florida 34103, ("Grantor"), and COLLIER COl!NTY, a poh~lca~
subdivision of the State of Florida, its successors and assigns, whose address IS 3301 Tanuam1
Trail East, Naples, Florida 34112 ("Grantee"):
Whereas, Grantor and Grantee entered that certain Companion Agreement dated October
14, 2003 and recorded in Official Record Book 3424, Page 337 of the Public Records of Collier
County, Florida, as amended by an Amendment dated March 27, 2007 and recorded in Official
Record Book 4218 Page 1451 in the Public Records or Collier County, Florida and by a Second
Amendment dated April 22, 2008 and recorded in Official Record Book 4356 Page 714 in the
Public Records of Collier County, Florida (collectively, the "Companion Agreement"); and
Whereas, Grantor is the owner of the real property legally described on Exhibit "A"
attached hereto and incorporated herein by this reference (the "Easement Area"); and
Whereas, Grantee owns or will acquire fee simple title to the real property described on
Exhibit "B" attached hereto and incorporated herein by this reference (the "Lely Manor Canal
Property" or the "Benefited Property"); and
Whe~eas, Grantee intends to construct improvements on the Benefited Property and has
req~ested th~s easement from Grantor to allow Grantee to use the Easement Area for construction
stagmg and mgress and egress during the construction of the improvements; and
\yhereas, Grantor wishes to comply with the provisions of Paragraph 8E of the
CompanIOn Agreement, as amended, by granting and conveying the easement described herein
which easement is intended to allow Grantee to haul fill material during Grantee's constructio~
of the Lely Manor Canal and the Spreader Lake, as graphically depicted on the attached Exhibit
"e" .
Page 1 of 4
THIS CONVEYANCE ACCEPTED BY: THE
BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
OF RESOLUTION NO. 2004-209
1685
WITNESSETH THAT:
Now therefore, Grantor, in consideration of the sum of $10.00 in hand paid by Grantee
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, does hereby grant, give and convey to Grantee, its successors and assigns, the
following temporary easement:
A non-exclusive temporary easement for vehicular and pedestrian ingress and egress,
hauling of fill material, and staging of construction, with full authority to enter upon and traverse
and store materials and equipment, on, over and across the Easement Area by Grantee, its
business invitees, employees, contractors, subcontractors, tenants and guests.
To have and to hold said easement unto Grantee, its successors and assigns. The
easement herein granted shall automatically terminate, expire, and be of no further force or effect
on the earlier of December 31, 2011 or the date by which the South Florida Water Management
District and Collier County have certified to Grantor that Grantee's construction of the canal on
the Lely Manor Canal Property is complete.
The County shall be solely responsible for any loss or liability arising from the County's
use of the Easement.
Within 180 days prior to the expiration of this Easement, Grantee shall, at Grantee's sole
cost and expense, regrade, replant, and restore the Easement Area to substantially the same
condition as the Easement Area was in as of the date of this Easement.
In any litigation between the parties arising out of this Easement or the collection of
funds due either party pursuant to this Easement, the non-prevailing party in such litigation, as
determined by a judgment of a court of competent jurisdiction, shall pay all costs incurred by the
prevailing party, including without limitation reasonable attorneys and paralegals' fees and costs
incurred, whether such fees and costs are incurred at trial, on appeal, or in any bankruptcy
proceeding.
Grantor and Grantee shall comply with all requirements of the appropriate governmental
entities and authorities.
Nothing contained herein shall be construed as creating an easement or any other right in
favor of the general public in or to the Easement Area.
This Easement shall be governed by and construed under the laws of the State of Florida.
If any term or provision of this Easement is determined by the appropriate judicial authority to be
illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be
construed as deleted as such authority determines, and the remainder of this Easement shall be in
full force and effect.
Grantor hereby warrants that Grantor is the fee simple owner of the Easement Area and
Page 2 of4
()~ Q~
Witness
Print Name: \J~~ B~
PI. _i "
~;lJ~ \
~:~ ~:me. ~ M. ;ngh""1
STATE OF FLORIDA
COUNTY OF COLLIER
SEAL
, ' f-;' t ~ ii>
<'\~ · U ~11l!J
_ .,-;\l ........ 0.....
,,;;',\'" .... 'I'
A'TT,i:{,T"':'3>..',"'-"", .'. ~..,
"J~~ ._ ;:,'.'. ,;.~) .. ~~ ~
~,,.> ;~i'::t'c:,,~i~' ': '-4: k
" ,', ,'.' '.,"~. - -~"" . ,lIb'
...~- ; . :-'.......,,: ~'
-, '. j' " .,:: -
B .,,_,~ --"_.. .,' ',\ . _~"l'" _~__"")
AtteSJ~. ~~tOCIN t,.... .
s1on.t....,Oftl..
Approved as to form and legal sufficiency:
~ J.. A- eta
Prmt Name: K ~ I ~ l kSt-l-rnkJ- CA u: (:)
A-~ ~"'- -n' County Attorney
1685
CDC LAND INVESTMENTS, INC., f/k/a
Collier Development Corporation, a Florida
corporation
By. ~
Print Name. t{~ ~HJ
Title: 1/14. ~.
By:
Print Name: I ()}?"I Hen n ( :"'fJ
Title: ('JltZ{ rVl'\.Q.rv
~'I ~'Df
F:\wpdocs\L1T\GL V\Collier Enterprises\Sabal Bay\temporary construction easement 8-7-08.doc
Page 4 of4
y
NEW DIRECTIONS IN PLANNING, DESIGN & ENGINEERING. SINCE 1956.
1685
WilsOnMiller@
..
LEGAL DESCRIPTION
Being a part of Section 25,
Township 50 South, Range 25 East,
Collier County, Florida
(30' Temporary Construction Easement)
Commencing at the Northeast Corner of Section 25, Township 50 South, Range 25 East,
Collier County, Florida
Thence along the East Line of Said Section 25 South 00022'18" West 2,687.69 feet;
Thence continue along the east line of said Section 25, South 00020'37" West 29.96 feet;
Thence leaving said east line North 89039'23" West 35.00 feet to the POINT OF BEGINNING;
Thence South 00020'37" West 38.34 feet;
Thence North 51008'58" West 104.20 feet;
Thence South 8r18'34" West 694.29 feet;
Thence South 59056'10" West 33.50 feet;
Thence North 65003'37" West 33.21 feet;
Thence South 8r18'34" West 510.23 feet;
Thence South 89041'14" West 71.58 feet;
Thence 56.31 feet along the arc of a non-tangential circular curve concave south
having a radius of 91.47 feet through a central angle of 35016'26" and being subtended
by a chord which bears South 79011'28" West 55.42 feet;
Thence 539.05 feet along the arc of a non-tangential circular curve concave north
having a radius of 413.06 feet through a central angle of 74046'19" and being
subtended by a chord which bears North 78048'06" West 501.61 feet;
Thence 218.44 feet along the arc of a non-tangential circular curve concave northeast
having a radius of 3,207.58 feet through a central angle of 03054'07" and being
subtended by a chord which bears North 46054'07" West 218.40 feet;
Thence North 46002'16" West 744.77 feet;
Thence 22.99 feet along the arc of a non-tangential circular curve concave west having
a radius of 152.70 feet through a central angle of 08037'33" and being subtended by a
chord which bears North 03032'42" West 22.97 feet;
Thence 21.06 feet along the arc of a non-tangential circular curve concave east having
a radius of 217.09 feet through a central angle of 05033'29" and being subtended by a
chord which bears North 02033'15" West 21.05 feet;
Thence South 46002'16" East 777.27 feet;
Thence 218.66 feet along the arc of a non-tangential circular curve concave northeast
having a radius of 3,177.58 feet through a central angle of 03056'34" and being
subtended by a chord which bears South 46055'02" East 218.62 feet;
Thence 501.28 feet along the arc of a non-tangential circular curve concave north
having a radius of 383.06 feet through a central angle of 74058'42" and being
subtended by a chord which bears South 78037'05" East 466.27 feet;
Thence 72.13 feet along the arc of a non-tangential circular curve concave south
having a radius of 121.47 feet through a central angle of 34001'29" and being
subtended by a chord which bears North 78052'13" East 71.08 feet;
Thence North 89041'14" East 69.22 feet;
Thence North 87018'34" East 516.99 feet;
Thence South 65003'37" East 24.97 feet;
800.649.4336 239.649.4040 F 239.643.5716
Corporate Office 3200 Bailey Lane Suite 200 Naples, Florida 34105
WllsonMlller.com
."'.
WilsOnMiller@
,.
Thence North 59056'10" East 25.19 feet;
Thence North 8r18'34" East 712.97 feet;
Thence South 51008'58" East 91.71 feet to the POINT OF BEGINNING.
Subject to easements and restrictions of record.
Bearings are based on the east line of said Section 25, being South 00022'18" West.
Certificate of authorization #LB-43.
Date July 30, 2008
Not valid unless embossed with the Professional's seal.
Ref. 20-105
l!/3OI2OO8 - 204120 - Ver. 1 -LMlhr
N0229-:zoo.al3 - - 0
2
1685
lIT
o
I ...: ,...: :c
f- Z lfl Z~ ~ .: or-
~ ~ (5 ~ iii ~ ~ g ~ ~ ~ g * ofiS a:: i I
W W li1 ~ ;; ~ NN. N"': ~ ~ :: r-- i= 0 ~O
~ ~ ~ ~",ION N....'. :: a..~.:'Ii:N
5 ~9€v1 ...:~ ~ 8 >- 5~~~ I
i= ~ II ~ Z ...J ;?; := := := := := w w w .... (/}Ul ::l ~ l!s
U W ~ ~~ ~ ixJio}"~ln~lni-1 SCALE: 1"=3501 -._ 0 W Wzo.... I
}Jj :c ...J ~ W (]) ~ ~ ~ ,. =- ~ ~ . ~ If) I > wOo;;: U tlor-
f- _ UlU _OO....N"'Lflr--N - "'. ~W<(~...J ill
~ .~II L5ii:j li1b;~~~~~;;:;~ 0:::: ~u...f-_~~
W c:l W 0:: Ul ::l Z ~ ~ ~ ;; ~ ~ <J, ~ ~ :::> ~ O~ j '" ~
Z <(0. Ula.O u (r'\.... Ol!lN
~ ~ W ~ V I ~ :Coz U \5 .l
~ ~II~ UII~ . ~ r,
f- U <J W f- U ~.A'" ~ 00 Lfl <0 N .... r-- N <0 W ~F f-I ~
l2 ~.. ~ Z <( w.! ~ ........ w 0 ~ "! Lfl Lfl "1 cq - 0 <( '" W~!Q .. g
W . ~ W ~ ~ II =! W I:; ~ gj :!: ~ ...: ci ~ :;l ,..: w..... ~Ul W d N
I...o.ja:::r- w a..a""""l..~ 1"')- _NI"'} %1
W f- Z <( <.:l. 0 I-- ::J (/}.... If).... en
:c~<( II ~zt..!....J ...J ..ON"N
f-;;:. Ul wz<(~<( 0 oiS li~~
Z Wf-::!:z .w<.:l W jE_Lfl....OI<o<OOO'" Z O-f-W z
O~~>,; O::!:~~<(~~ O"'~~OIO~"!- ~OI 001 '" r--r-- 01 r-- ~9€<.:l
'I,AJ 0:::"""" - ~ > mlX)"CO' Z~<DO'ltNNO-Nco"""NNm,.....mcn- .. a.Z
_W::lu<.:l w;;:w ~:g",_NNN--;;~ <(r--OIO'" . .LflN .Lfl . .N .01- .r-- f- c;;: <(,
0' ....UzzUC!lIUlO:: O:::....J LflN NLfl'- <( .....ooailfio:i..........-;..-;o...:....r--ai<O..tlfiN,.; * ~u....O::i
}Jj~Z<.:l~a::........~L5e ~ ~ ~~N"''''~$'''''':nr--~r:::<o:nNN;:::OI * ...J~o ~
<(b-zlQL5ooIWf- <( * UCl ...
CDo~gOCDf-f-f-<.:lZ U lflr--<o:gOOl:g<or-- 0 :=:=:=:=:=:=:=:=:=:=:=WWWWWWW 00 0::;
~:c<(<(oo~~G~~ 2....~,..:~~,..:~~ oixJ}"i-1}"ixJ~b}"~~ioio~~}"b~ixJ 0 ~'"
<( f- Ul Ul 0:: 0:: ~ ~ a:: <( ::c ~ ;;; ~ ~ ~ ~ r-- :ri N Z - '" N '" Lfl '" - '" '" '" '" - '" Lfl .. ~ w II VI
::lzzOO 0::(,) Cl:: ...."'_N;;j"'_ WiENoCnoOoOoionOo;"NN;"OonioOoOo ....o~o~~~
~OOO:C::Cllllllo<( ~NN"'NO_LflO_""OO""_OIO_O VI u
z Uli/ii/iUU l= Z (]) b b b> b:"" blin" b> to to "''' to bd..:" ~
a::~~~III1Ua:i~II<( _ioN~}..~j"~~....j,,N..J ~~~~~e:l~~e:le:l;;<J,~~~~~~ ~ l:J ~
<i! L5GJ~~OCD~~~""-1t:J ~- '-O"'N"'_ - ~ lIl< j
Q:: CDCDOOUUa..a..a:::O(l) G:1~~~;....~w~o ~:3~~~~~~~~~:~~:!~~~~ :r:c ...J
~ o~~~lri~~~~..J ..J-J...J..J...J...J...J..J...J ~ j~i
~ UJ ~;~
1./ w ~ .M<;
( 5:uN"'....IO<or--OO VI
: ~' a uuuuuuu ~ ~~~
I \\ 'LLOZ .~d '~'" >l008 .~ro .3.0 .~ .....!:
\ \ \ LL, 3~'td 'Z~g >l008 .~ro "3"0 J ~:Q~ .~~'1
,.,.. 0\\ \ ~"=- -=- -=- -=- -=--=- -=- -=- -=- -=- -=- -=- -=- -=- -=- -=- -=- -=- -=--=- ]-=-- - - - - - - - -N- - - iI!i ii~~~ ~
~ I") \ lS't3 9Z 3~N't!:l 'HlnOS Og dlHSNM01 - - - - - - - - - -"c;r; ""'" iil 8ffii 0;::
~ I~ lS't3 gZ 3~N't!:l 'H1nos Og dlHSNM01 '11S'"'3 / I 1 ..j /~ \ ,j~li;!
gZ NOID3S 3NIl v IJ..... 5:J;i~.N
I . ~o ~! :~;
I ~ ~~~ ~ ~ ~.~ (f)-'~
I z 8~gs ~i= - wo :Q "'>-0
o lfl U OO::Uf- I"' <D~.3~ l:J ~'j(!;
t5 ~ I- Ow~ a:i}Jj~iE~ ...Jo'!lCl:: z ....~,.
W a:: Z ~ g;~1- .00f-::!: ~L:l8!i1 \50 ~
Ul . W (Q Cl::ZO oa.a.Ulw 0 W ... ....OID
:c g -..;: r--. o..~z .~::!:~Ul 0..~Cl::. .::10;-
~~ .... ~ ,- 0 a..a.~uL5 <D li1~o VI VI'" ~
~fiS...:~ ~ I.J..J ~'-- o..~z ; ~ ~~
8~~~ <( <.::> ~ '""~ 0 ~ ~ ~ ~
liia.1f)8 wo: 'oJ ~~
'<(-N ~ Z
~~V\w~ Z (Q ID 8
Of-Z<.:l~ 0 m " d.
o:g~~8 !;;: ~ ~ ~ I~~"i ~
~~ ~ 0 ..<j~~~
(/) ...J...J 8 ~J.,
Zn:: ~ ~'03~ \ ~~
o O::Z. c.. - ~ ~
UO ~Q .....wz~ 5-S::
oot..... ~ ~
}Jj~5?~ "....~ ~~ '0
OWf-::!: (; [)'~ .0
g;~~~ z~ g~ 0-
g:gSL5 ~: tOtO ~
u'"' 00 ~
IE "'~ '({
tii ~ ~ ~ ~
Z /'
o l/) x
U:c! ~~ g-
~~ -J..J 5
a:: z ~
o
0..
::iE
W
.....
o :I:
l.I U cO
(/) -= WO
~ ~ .J~
~ >- :i: ~ .. rx; g ~
..........__V.COlD
~;:~Q~~O""
;::;~~G:l~~d~
o~~L;:~oL:~
Vi
~
~
...... I
......1
I......"
I '......
1 ......
,
(,'0
(,">
,
I
I
I
~/""""
......
......
......
......
\
\
"
CS C4' \
\
(
"
'--
,
\
1
\
\
......
...
W
,'l.-
'" "
'"
f-o
Zw
oWe
W::!:o::
Ul~O
~L5~
o 0::
O::...J
a.<(f-
zo
~z
.....
\
I
1685
<D
of)
N
1685
Exhibit "B"
Legal Description for "Lely Manor Canal Propelty"
LEGAL DESCRIPTION - 35' DRAINAGE EASEMENT
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY
OF COLLIER, LYING IN SECTION 25, TOWNSHIP 50 SOUTH, RANGE 25 EAST,
BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 50
SOUTH, RANGE 26 EAST AND THE NORTHEAST CORNER OF SECTION 25,
TOWNSHIP 50 SOUTH, RANGE 26 EAST;
THENCE S.Ooo22'18'W., ALONG THE EAST LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 25 FOR 2:143.04 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE S.Ooo22'18''W., ALONG THE SAID EAST LINE FOR 574.76
FEET TO THE EAST QUARTER CORNER OF SAID SECTION 25;
THENCE S.Ooo20'37'W., ALONG SAID EAST LINE OF THE SOUTHEAST QUARTER
FOR 2,566.03 FEET;
THENCE N.89038'42"W., FOR 35.00 FEET;
THENCE N.00020'37''E., FOR 2,565.63 FEET;
THENCE N.Ooo22'18"E., FOR 575.18 FEET;
THENCE S.89037'27"E., FOR 35.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 109,928 SQUARE FEET OR 2.52 ACRES, MORE OR LESS.
BEARINGS ARE BASED ON THE EAST LINE OF THE NORTHEAST QUARTER OF
SECTION 25, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AS HAVING AN ASSUMED
BEARING OF S.00022'18"W.
SUBJECT TO EASEMENTS AND RESTRICTIONS, RESERVATIONS AND RIGHTS
OF WAY (WRITTEN AND UNWRITTEN, RECORDED AND UNRECORDED).
I
MICH LA. WARD DATE
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. LS 5301
Page 1 of2
C:\DocumoOlS and Sellings\ma\V"drd\l>>c1l1 Seltillgs\TempOl1ll)' Inlemel Files\OLK92\2007-11.14 LF.LY MANOR CANAL :}S.
EASl!MIlNT J.EGALrevOl.rtf
1685
1685
THIS IS NOT A SURVEY
SOUTH llllt SECllON 24
.-- >>MllI i:iiir.SfCiiiiN ?il
.......----.--
N
w+,
:.t
o
ri
...
N
- POINT OF" COMMENCEMENT
~:q SOUIll\\tSI CORNfR
N SECTION Ie NOftIHE.IS!
U CORl/tR S!ClION 25
~
\Q ~In"
... ii~
N
N
b POI"" OF BEQINNING
C::l
V>
!'? ill
.'
.,; ..
t- .,
on on
"J ~
~ ~
N N
N N
h b
<"> ~
z
l'a
i'i
~
I
~
&
VI
...
"
:;;
a
i-> ;')
'" ()
l:i ...
'"
on ~
N
ld :r.
"- \...
~ '"
<> ,">
N N
b 8
0
Z III
s
;:
.;.,
o lOG ..00
1-~R^Pt~IC SCA'tE
1~., -tOO'
N
N
~
..5:"~r:~SI 1/4 ~r.C"ON :.~j( _._
t:
SOVl/t LINE SECtION 25
NORIH Lftl.'E sic liOn j,.-.....
IleVISION 1 PW CLllNI COMMlNIS 11...14-07
D'XTArnCl~~on
C.NSUJ..TJ~~ ClvIIFnaJllocdnl
..... ....., , .... ... Surt'e)'ing <It MappInJ
1542 ......_
futl41<w fJOdlA_'
p".",:"filii mQ!4
F~ p;.oj~"641t
!l.:-..l.!L":Q?'. cur:NT: COL.L1Ef~ DEVELOPMENT
j-'.- 400' CORPORATION .______.____,
.....\fDI. IIT1.E: 35' DRAINAGE EASEMENT
::5~r~= SKETCH Qf~J?~?CR.JE~J!.QN.._._._
~~ ~~ ~' ~~i:c,:;050036.03.01 ~tllfy';:A' 2 or 2 ~~.ER: 0013 SK 35' ESW
LEGAL DESCRIPTION - SPREADER LAKE EASEMENT
A TRACT o.R PARCEL o.F LAND SITUATED IN THE STATE o.F FLo.RIDA, Co.UNTY
o.F Co.LLlER, LYING IN SECTlo.NS 25 AND 36, To.WNSHIP 50 So.UTH, RANGE 25
EAST, BEING FURTHER Bo.UNDED AND DESCRIBED AS Fo.Llo.WS;
COMMENCING AT THE So.UTHWEST Co.RNER o.F SECTlo.N 19, To.WNSHIP 50
SOUTH, RANGE 26 EAST AND THE No.RTHEAST Co.RNER OF SECTION 25,
TOWNSHIP 50 So.UTH, RANGE 26 EAST;
THENCE S.00022'18''W., ALONG THE EAST LINE o.F THE No.RTHEAST QUARTER
o.F SAID SECTlo.N 25 Fo.R 2,687.81 FEET;
THENCE S.00020'37''W., ALONG THE SAID EAST LINE OF THE SOUTHEAST
QUARTER o.F SAID SECTION25 Fo.R 2,566.03 FEET TO. THE POINT OF
BEGINNING;
THENCE Co.NTINUE S.00020'37''W., ALo.NG THE SAID EAST LINE FCR 119.41
FEET TO. NORTHEAST CORNER CF SECTICN 36;
THENCE S.Oo019'56"W., AlCNG THE EAST LINE CF THE No.RTHEAST QUARTER
CF SAID SECTlo.N 36 FOR 416.30 FEET, TO. A PCINT ON A CURVE;
THENCE WESTERLY 105.40 FEET ALONG THE ARC CF A No.N-TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS CF 141.36 FEET THROUGH A
CENTRAL ANGLE CF 42043'08" AND BEING SUBTENDED BY A CHORD WHICH
BEARS N.84040'50'W. Fo.R 102.97 FEET;
THENCE N.45003'55''W., FOR 46.89 FEET, TO. A PCINT CN A CURVE;
THENCE WESTERLY 66.29 FEET ALONG THE ARC CF A NON-TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS o.F 49.60 FEET THRCUGH A CENTRAL
ANGLE OF 76034'11" AND BEING SUBTENDED BY A CHORD WHICH BEARS
S.83038'50"W. FOR 61.46 FEET, TO. A PCINT o.N A CURVE;
THENCE So.UTHWESTERl Y 181.50 FEET ALCNG THE ARC OF A NON-
TANGENTIAL CURVE TO. THE RIGHT HAVING A RADIUS o.F 283.52 FEET
THROUGH A CENTRAL ANGLE o.F 36040'43" AND BEING SUBTENDED BY A
CHCRD WHICH BEARS S.51052'4Q'W. FOR 178.42 FEET, TO. A Po.lNT ON A
CURVE;
THENCE SCUTHWESTERL Y 66.64 FEET ALo.NG THE ARC o.F A No.N-
TANGENTIAL CURVE TO. THE LEFT HAVING A RADIUS CF 73.02 FEET THROUGH
A CENTRAL ANGLE OF 52017'19" AND BEING SUBTENDED BY A CHORD WHICH
BEARS S.51012'02"W. FOR 64.35 FEET, TO. A POINT o.N A CURVE;
THENCE So.UTHWESTERLY 112.64 FEET ALo.NG THE ARC OF A NON-
TANGENTIAL CURVE TO. THE LEFT HAVING A RADIUS CF 174.40 FEET
THROUGH A CENTRAL ANGLE o.F 37000'24" AND BEING SUBTENDED BY A
CHORD WHICH BEARS S.30021'05"W. FOR 110.70 FEET, TO. A POINT ON A
CURVE;
THENCE SOUTHERLY 42.87 FEET ALONG THE ARC CF A NON-TANGENTIAL
CURVE TO. THE LEFT HAVING A RADIUS OF 56.21 FEET THRCUGH A CENTRAL
ANGLE OF 43041'37" AND BEING SUBTENDED BY A CHORD WHICH BEARS
S.04013'43"E. Fo.R41.83 FEET;
THENCE S.43037'31"E., FOR 30.78 FEET, TO A Po.lNT ON A CURVE;
THENCE SCUTHERL Y 126.57 FEET ALONG THE ARC o.F A No.N-TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 94.85 FEET THROUGH A CENTRAL
ANGLE OF 76027'25" AND BEING SUBTENDED BY A CHCRD WHICH BEARS
S.11029'46"E. FOR 117.39 FEET, TO. A POINT ON A CURVE;
THENCE WESTERLY 182.28 FEET ALCNG THE ARC CF A NON-TANGENTIAL
Page 1 of5
C:\Docllmenls on~ Sellings\maward\l.ocal Sellings\Tcrnporary Internet Jlilcs\OLK9212007-11-14 LELY MANOR CANAL
SPREADER LAKE EASEMENT LEGA L rcvO I.rtf
1685
LEGAL DESCRIPTION - SPREADER LAKE EASEMENT
CURVE TO THE RIGHT HAVING A RADIUS OF 107.22 FEET THROUGH A
CENTRAL ANGLE OF 9r24'22" AND BEING SUBTENDED BY A CHORD WHICH
BEARS S.69047'42'W. FOR 161.11 FEET;
THENCE N.70021'37''W., FOR 74.73 FEET, TO A POINT ON A CURVE;
THENCE WESTERLY 44.73 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 66.54 FEET THROUGH A CENTRAL
ANGLE OF 38030'54" AND BEING SUBTENDED BY A CHORD WHICH BEARS
N.80058'27''W. FOR 43,89 FEET;
THENCE S.79"46'05''W., FOR 201.80 FEET, TO A POINT ON A CURVE;
THENCE NORTHWESTERLY 169.07 FEET ALONG THE ARC OF A NON"
TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 94.03 FEET
THROUGH A CENTRAL ANGLE OF 103"01'17" AND BEING SUBTENDED BY A
CHORD WHICH BEARS N.39033'29"W. FOR 147.20 FEET;
THENCE N.18018'51 "E., FOR 39.39 FEET, TO A POINT ON A CURVE;
THENCE NORTHERLY 44.45 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 31.74 FEET THROUGH A CENTRAL
ANGLE OF 80014'12" AND BEING SUBTENDED BY A CHORD WHICH BEARS
N.17031'30''W. FOR 40.90 FEET;
THENCE N.35043'40''W., FOR 56.41 FEET, TO A POINT ON A CURVE;
THENCE NORTHERLY 128.84 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 108.66 FEET THROUGH A
CENTRAL ANGLE OF 67056'10" AND BEING SUBTENDED BY A CHORD WHICH
BEARS N.04030'39"E. FOR 121.42 FEET;
THENCE N.52036'58"E., FOR 49.49 FEET, TO A POINT ON A CURVE;
THENCE SOUTHEASTERLY 118.85 FEET ALONG THE ARC OF A NON"
TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 69.50 FEET
THROUGH A CENTRAL ANGLE OF 97059'02" AND BEING SUBTENDED BY A
CHORD WHICH BEARS S.67001'22"E. FOR 104.89 FEET;
THENCE S.18001'51"E., FOR 71,58 FEET, TO A POINT ON A CURVE;
THENCE EASTERLY 156.73 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 66.45 FEET THROUGH A CENTRAL
ANGLE OF 135"08'27" AND BEING SUBTENDED BY A CHORD WHICH BEARS
N.72035'48"E. FOR 122.85 FEET, TO A POINT ON A CURVE;
THENCE NORTHEASTERLY 229.88 FEET ALONG THE ARC OF A NON-
TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 616.24 FEET
THROUGH A CENTRAL ANGLE OF 21022'23" AND BEING SUBTENDED BY A
CHORD WHICH BEARS N.27034'07"E. FOR 228.55 FEET, TO A POINT ON A
CURVE;
THENCE NORTHEASTERLY 137.40 FEET ALONG THE ARC OF A NON-
TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 92.19 FEET
THROUGH A CENTRAL ANGLE OF 85023'28" AND BEING SUBTENDED BY A
CHORD WHICH BEARS N.57"49'08"E. FOR 125.03 FEET, TO A POINT ON A
CURVE;
THENCE SOUTHEASTERLY 45.96 FEET ALONG THE ARC OF A NON-
TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 92.60 FEET
THROUGH A CENTRAL ANGLE OF 28026'26" AND BEING SUBTENDED BY A
CHORD WHICH BEARS S.65021'59"E. FOR 45.49 FEET;
THENCE S.43013'30"E.. FOR 60.26 FEET, TO A POINT ON A CURVE;
THENCE EASTERLY 84.43 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 54.03 FEET THROUGH A CENTRAL
Page 2 of5
C:\Docunlcnl8 and Scllings\maward\Local Scllings\Tempoml}l Intemet Fl1es\OLK9Z\2007.11-14 LBLY MANOR CANAL
Sl'RHADI!R.l.AKE BASEMBNT LEGAL rovOI ,t1f
16B5
LEGAL DESCRIPTION - SPREADER LAKE EASEMENT
ANGLE OF 89032'02" AND BEING SUBTENDED BY A CHORD WHICH BEARS
N.70030'49"E. FOR 76.10 FEET, TO A POINT ON A CURVE;
THENCE NORTHEASTERLY 129.16 FEET ALONG THE ARC OF A NON-
TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 124.52 FEET
THROUGH A CENTRAL ANGLE OF 59025'55" AND BEING SUBTENDED BY A
CHORD WHICH BEARS N.54029'26"E. FOR 123.45 FEET, TO A POINT ON A
CURVE;
THENCE EASTERLY 39.44 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 92.63 FEET THROUGH A CENTRAL
ANGLE OF 24023'47" AND BEING SUBTENDED BY A CHORD WHICH BEARS
S.88053'13"E. FOR 39.14 FEET. TO A POINT ON A CURVE;
THENCE EASTERLY 67.40 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 101.40 FEET THROUGH A
CENTRAL ANGLE OF 38005'10" AND BEING SUBTENDED BY A CHORD WHICH
BEARS N.84026'17"E. FOR 66.17 FEET;
THENCE S.6r58'37"E., FOR 49.24 FEET, TO" A POINT ON A CURVE;
THENCE NORTHEASTERLY 65.80 FEET ALONG THE ARC OF A NON-
TANGENTIAL CURVE iO THE LEFT HAVING A RADIUS OF 30.07 FEET THROUGH
A CENTRAL ANGLE OF 125022'36" AND BEING SUBTENDED BY A CHORD WHICH
BEARS N.46037'05"E. FOR 53.44 FEET;
iHENCE N.00oOO'08"E., FOR 242.56 FEET;
THENCE N.09035'54'W., FOR 101.80 FEET;
THENCE S.89038'42"E., FOR 35.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 312,230 SQUARE FEET OR 7.17 ACRES, MORE OR LESS.
BEARINGS ARE BASED ON THE EAST LINE OF THE NORTHEAST QUARTER OF
SECTION 25, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AS HAVING AN ASSUMED
BEARING OF S.00022'18''W.
SUBJECT TO EASEMENTS AND RESTRICTIONS, RESERVATIONS AND RIGHTS
OF WAY (WRITTEN AND UNWRITTEN. RECORDED AND UNRECORDED).
PREPARED BY:
RWA INC.
FLO~A J;Rl: FICATE OF ~UTHORlZATION NO. LB 6952
I /Vet Itf;m
MICHAELA. WARD DATE
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. LS 5301
Page 3 of5
C:\Dotumcnls and Seltings\mawurd\Local Sc\l;ngs\Tcmporary Jnlcmcl Files\OLK92\2007.11.14 LBLY MANOR CANAL
SPRI3ADIIR LAKB BASRMBN'I' I.IlOAI. revOI.rtf
1685
16B5
THIS IS NOT A SURVEY
SOIITlllINE SEellON 2' t .-- - - -
. - - ..- - - _.- NORtH UNESiCiiOII26 - s~~: :FS~:M;CEMENT
N :- ~ SE~wr&'J~M~,
+ 110 " CORNER src"o.~ 25
:;; B
w . 'I.. E l!:,ll!
~II~
~ I ~I
I~
I~
S
s
o 'SO 000
~
GRAPHIC SCALE
f'u lJO()'
_ _ _ _ _ ___.._~-~~~IO~l~~ .__
~
I"
1M
II
I~
,fi
I;
I
18
I~
:;;
I~
I~
I~
_ 1l[V1SI~_l__...!.E!~...~~IENT COMMENTS 11-14..07
pOINT OF BEGINNING
....-. HOIflNiAlI Q)It",'U
S(C\1M 3f
D'XT^JN<Lt;~<o
ceNSULTJNO CivI/~.
.JL ....., , ..a. .&. SuMyin8 &; Mlipplnz
f~CO/ICIO_
~-'
. 2_
FAX: tlH4,.
j'\".14.'07 Cl.IEl'll: COLLIER DEVEL-OPMENT
'rc, ~ 500' COI~PORATION
"'''';0:- lOLE;-_.__."3-S-j..'-b-RAINAGE EASEMENT
';;'''''..-0;;'-.-- SKETCH OF DESCr~IPTION
IA^'" ...."................._..__
~~ ';~. ~' ~~e:r.~,05{)036.03.01 ~~Wr.R: 4 01" 5 ~~O[R: COil S< SP-lX (SIll
1685
THIS IS NOT A SURVEY
-.. .-h-.-.-----UW(YAOi.E' -.... __h ....-..,
LIN~ BEARINC LENGTH
..-----u------s0--2~1 119.41'
L2 SOO"I9'5~.vi".' -'416,30'
----1.3 'N;r~-- 46.89'--
----1."4-.- --.43' '31" E 30.7B'
.......\,~..._... ____~J!:l!:;rr:!L~ ~...x~:?l:"..
__....~... _.s.z~46'0 "w 201.80'
L7 NIB'lS'IiI"!:: 39.39'
".-L8 N S'4 '40'W 56.41'
---'eg'--' - N52'36'5B"f, 49.49'
Ll0 SIIJ"OI;S.j"(f-.". ---7f:58'"'-
-:111--' ~~.1_~i"lfE ijO.26'
t.12 56758'31.[ 49.24'
-"[13- - NOO'OO'08"E 242.56'-
._!J~ .J!.Q9'35'54"W' lol:"iiiy"
1.15 S89' 8''!%...L_ .._.~..:QQ':"".
-.-.---.........----... . CURVE......TAUrr--.~.~_._-~_..._-_...__......
..~.Y.!l...'!.~_. LENG1H nAOllis ... 0I:L1A CHORD B~ ...:::'(!"!ORD-
Cl 105,40' 141.36' 42"43'OIl;;--'.-""'-N8"4:-40;i;O"w 102.97'
-c-2--- 66:29'---. 49.60-;- -.-":"il!' :W il~-'''' '''SB3;"38'5(l''\V'.''. -"6''-:-4"6'
-C3 --l8f,5Q~:::_)~~,;?C::':::':::'k1.O'43;;' S51'SZ'40"W .....!?!l.42'
__..f.!_ _ 66.64' 73.02' 52" I. '.ljt._..... ..__.~~?l:..lZ'Q~"1'!_.._n...~~.,;g;..:..__
...._~_?.__ _..1J?,~~~. ... ..l!.:t1q:.._.....:rr.Q.Q:~1.:...._.....s~o:z.e9..~.YL_ _. 110.70'
ce 42.81' 58.21' 43'41'37" __~.9.1:.)X~ ._~J..,~3'
.~L__ .]_26,57' 94.85' _..1.'DJ:~..:!_Lr.~~1~.L._ _!2?:39'
CB 182.28' 107.22' 11/24':12" S69'47'42"W 161.11'
-C9" 44:73' 66.54' .. 4" N 'S8'21'W 43,89'
~10 169.07' .'"94-:-0Y.-... -. 10S01'I"I' ... ~;!~jy~"i;'-- -147.20'
_.~!...!._ __.~1,.~~_. _l.!:.?~':'.... ._._..~.!lH...L~:.___... ..l'I.JZ31'JrJ'W 40.90'
C12 128.64.... _..!Q~..66'_ .._H 6'10" N 4'J '39" _!?_!.,~1:..
CIS 11~&~: _~~_;>-'L. _...Jrr.lli!'M.:........ ___:i67"01'22"C 104.89'
C14 156.73'. .__~~-,--45'... _l~~ . 7" N7 '35'41l"'E 122.85'
C1S 229.68' 616.24' I' 2'23" NU34'07" _ 228,5(;'
~~~f~-:"" ..Jll:!<1.:.... _~9' Jl~ N 7"4 '0 f. 125,03'
C17 45.96' 92.60' 28'26'26" s6rn1'58"f. 45.49'
C18 84.43' 54.03' 89'32'OZ" 'N'7o;3o~49'-ii"-". --.-76:10'-
C19- lZ9:J.!!.~.__..!.2..~_.._~~' ~---- "4'29' 6"( 12J.4~~._
C20 39,44' 9Z.G3' 24'23'''7" ~'53'I:rE 39.14'
-err- - Irl.~Q:~~~: _!.9.2,~Q:"'. _~Il.---:-j~ N8t~\l':ln___ _~_
.....9.2 65.80' 30.07' 125'22:~f.__ .l!.1!i:.;!'Z.:9Ji:.\':._ _.__l?~,44'
REVISION 1 Pl:ll CLlENl COMMENTS 11.-14-0.'
'1'1-06-07 Cll~Nf: COU.IEH DEVELOPMENT
'f-"~~QQ'_ _____. cORPor01LQ~.__.___.._.
::.$.Q.t.. 1fT1.(: 35' DRAINAGE EASEMENT
u'......... SKETCH OF DESCRIPTION
MAW __ _________...__. _..__........ ....._ ..._. . ....______.
~~ '~ i:: ~:g:050036.03.01 ~~t~N: 5 Dr 5 ::.ttarR: OOll S< lI'-lJ( (SUI
12;'(~' rAINe,
'\ IJ ~=doo
eNS LT NO Civn~
.... "'" .... Sut\'O)'lng ol MJiiM
s
N
.+,
_J
~
<5
S:
1<1
::i:
..,
~
w
~
~ ----1
o -
Id
III
~
()
n::
11.
in
r<)
<Xi
d
>4-
;;;
-.J.
:z
1)W
D:5
~ cr. Ii
~~.ti
~tY. ~
~e; r-:
>-
~
7-
~
~
n.
o
0::
n.
-..-..-----... ~
----....-
~.._-...-._--_.,--._.,--_. .---------..-......
--...-------..-----
1685
~
~
o
------
~
1.0.1
...J
a
I
n
a
,~
i!
e~
Ii
I
o
>: ri
~ ~q
~ d
i i
.. I
VI
W
VI
iY- n:C:
(L o!l]
a::
w z:r:
I.' ~(5
Z
IJJ ~:<t
a::
w ~~
:J 0
_J
0
0
~ 9
t) f!
~ ~ i.
H, ~ tl
r.t u2,
I I
'.i IHIJI
;f;! .' ~ 1;
oil gll I
'"
~ ( I
,oJ
:l
hJ
~ .J
W
~ lPi
~
0 ~ ~6
in
p) =<e~
I ~~~
~~..
~~~
8~
-,..~
~ J 1
. ..I..I
~ d ;
a
~ .; 5
.. ! w
~ p a
1685
Exhibit "e"
Graphic Depiction of Temporary Construction Easement
.n
N
J:
I-
~
~
Vi
~
o
Z
U
.0::
~ ~<vi I-'~
B ~1I8 ~f:!
~ !J:!...,J~ ~:::>
l.L ~;ill ~~
O...,J UJc5
W ~~o:: ~~~
Z <. _
~ ~ II~ ~ II~
U W U-
tn ~<Io ~ <u..i5
~ ow~ ~ II~~
W"':Z~ Wo .Cl.0
J:~< II ~zlL!....,J
1-:;:. Vl UJZ<~<
UJI- :::EZ. 0
~1ot;j~u..i" :::E(3~~~
~UJ:::>UOOUJ:;:UJ
S""l.LU~~UCDI~gs
VlN~OI-~l.Ll.L~ l.L
<b ZVlWOOIUJ
CDOll:!gi5CDI-I-I-<.;l~
ll:!J:<<00~~i3~~
<I-VlVlO::O::~~a::<J:
:::>ZZOO o::u
VlOOOJ:J: II II 110<
~(/lViiiiUU ~
a::~Z~III1~a:j~II.<
;<t;GJ~~OCDqqqlL!~
CDCDOOUUCl.Cl.O::OVl
Z
o
i=
U
W
Vl .
J:
0::1-
UJ:::>
ZO .
gsVllii~
uo<z
<flUJ:::>
I- 0
VlCl.l/1U
U~:tNo::
. ::t Vl UJ UJ
Ol-ZO:J
a...gs~~6
ZI-O::U
...... I
......~
......
......
......
......
......
......
......
,
I
...:
z
UJ
:::E
UJ
Vl
<
UJ
~
(/)
O~~~~~~~~
~~O~~~~~r:::
o If)N Nv
J:
U
"
~:;::;::;::;::;:"'''''''
~'oo1o"~~~~"'"
m~PP:=t:-PP:-
.....CO..,.Nt")lf)I'N
obl;:;~~~~~~
~[;;~~~~<1i[;;~
u
~
<(
o
w
>
~
:::>
u
~COU'")<DNV"N<D
WO~"'!\OtO~~_
~oi~~"':ci~:;l"':
i5N~- _N"'"
SCALE: ," = 350~
--,
-.-
o
o
I'-
~[I~
.., UJ
...,J
I ~
o .
"'01
~~<DO~~~O-~co~~N~"m~-
~~~q~~.~~ci~~~~~~~N~
~~N~,.,.,O~""""'-"~"~-NN-m
ON _W If) "" \0 "
~
<(
o :;::;::;::;::;::;::;::;::;::;::;:"'''''''''''''''''''
~~~~~~~~~~~~~~~~~~~
Wa::",omooclCll"''''io:''",''':''io",,,,ioio
2 ~~~b:~E~~~~~l;l;~~~~~E
_ OO~Olf)~lf)~~~vvW~~lf)Wlf)
~ VlVlZVlZVlVlZVlVlZVlZZVlZZVl
co
en
N
~
:::s::
~~~~~~~~~~e=~~~~~~~
~ ~~~~~~~~~
'---
,
'\
\
\
\
'-
"
\
I
Cs C4' '\
\
(
\..
~
1685
c,ro
c,'?
I-
UJ
UJ
l.L
J:
Z~<.......
IQSl~il
i= 0 ~Q
a..~~~
~~~; I
(/)Vl3lil!5
wZo~ I
I"JQ~u~"'"
sal. I-o::~
0::= .UJ Z 0
fiO~3" ;?
~:J:~ 8 ~ ~
I"J~BtJ1
UJW<(.eO
ffi:::S::V>UJi ~
::J (/)l.L l/1 ~ J,
6 zO N ~ ~
" ~I- UJI~ ~
""I-O::O~
,:..: !::~Z
Z Q: <.
* UJu......O::i
* :; ~o ~
*00 i:
J:_lf)v",~~W,..,
t?l"')q~OlO~C\!-
~~~~~~~o~
....J lJ'lN Nt/)
(/),.....<o~ocn~<.O,.....
;?..,.q,...:f';q,...:q~
~"':""ON"",..,-
a::cn;~~N;;;~~
< ~e"~b.&-.r~~
........ .. 01"1 N"".. ..
d~~~!;)~~~?
O~~"'loio"'~~
2
o
I-
~
0::0
LUO
(J')aJ
20::
80
'-~"""'''''''
......
......
......
......
\
\
"
~o
oUJ~
w:::Eo::
Vl~O
o<u
Cl.UJUJ
o 0::
O::...,J
Cl.<1-
zo
(5z
*
*
*
>-
W
>
0:::
::>
(f)
<(
I-
o
Z
00 Ot.o.:
o :!lll!
..;;,..;; II en
~o~'_~
"""
::i 5
~~
o::z
~Q
0001-
~~~~
OUJI-:::E
~~~::x
g:g8~
,'1-
" "
"
o
l.J.J
~>
...J~
.Q.
I-Cl.
~<
" ~ ~
U <\J Vl
U(5,..
<
c
i5
.0
o
CIl
./
en
N
N
o
Z
r{
:;)
CIl
./
X
W
~
:;)
~
Id
~
ww
00
00
"',..,
~~
00
~I~
1-:lE
:lEI-
...J...J
Z
g 0:;
u ..
::>
~ ~
Z
o Ii>
U ..J
<
~ 0-
~ Z
o
Cl.
:lE ...
~ ......
o ;:
w u oci
V'J . WO
~ ll:! '-'>,
0:: ~.. ~ a)
(Q ..~ iD68
~~OiC:iogN
g;:~o~~Q
~;::txd~~G:Jr"l
o ~~L:~5 u.. ~
tD
on
N
16 B 5 .....
Prepared by and return to:
Christopher J. Thornton, Esq.
Cheffy Passidomo Wilson & Johnson, LLP
821 Fifth Avenue South, Suite 201
Naples, FL 34102
DEDICA TION AND CONVEYANCE
OF DRAINAGE EASEMENT
AND RELEASE OF ORIGINAL EASEMENT
THIS DEDICA TION AND CONVEYANCE OF DRAINAGE EASEMENT AND
RELEASE OF ORIGINAL EASEMENT ("Easement Agreement") is entered into as of the p,"t\)
day of AIJGuS, , 2008, by and between CDC LAND INVESTMENTS, INC. flk/a
Collier Development Corporation, a Florida corporation, whose address is 3003 Tamiami Trail
North, Naples, Florida 34103 ("Grantor"), and COLLIER COUNTY, a political subdivision of the
State of Florida, its successors and assigns, ("Grantee") whose address is 3301 Tamiami Trail East,
· Naples, Florida 34112.
WHEREAS, Grantee was granted a drainage canal easement pursuant to the Drainage
Canal Easement recorded December 17, 1963 in Official Record Book 157, Page 269 of the Public
Records of Collier County, Florida (the "Original Canal Easement"); and
WHEREAS, Grantor and Grantee entered into that certain Companion Agreement dated
October 14,2003 and recorded in Official Record Book 3424, Page 337 of the Public Records of
Collier County, Florida, as amended by an Amendment dated March 27, 2007 and recorded in
Official Record Book 4218 Page 1451 in the Public Records of Collier County, Florida and by a
Second Amendment dated April 22, 2008 and recorded in Official Record Book 4356 Page 714 in
the Public Records of Collier County, Florida (collectively, the "Companion Agreement"); and
WHEREAS, pursuant to Paragraph 5 of the Companion Agreement, as amended, Grantor
is required to dedicate and convey a drainage easement in and to the Lely Canal, as constructed in
accordance with the Modified Drainage Design; and
WHEREAS, Grantor wishes to comply with the provlSlons of Paragraph 5 of the
Companion Agreement, as amended, by granting and conveying the easement described herein; and
WHEREAS, in consideration of the easement to be granted by Grantor to Grantee
pursuant to this Easement Agreement, Grantee wishes to release and convey to Grantor all of
Grantee's interest in the Original Canal easement.
THIS CONVEYANCE ACCEPTED BY: THE
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
OF RESOLUTION NO. 2004-209
1685
within thirty (30) days following receipt of Grantee's notice, shall have the right to enter into the
easement area to correct such deficiency, and upon completion thereof, Grantor shall reimburse
Grantee for Grantee's reasonable cost to correct the deficiency. In the event such deficiency poses
an immediate threat to the safety of any person or property, Grantee may take immediate remedial
action, without thirty (30) days prior notice to Grantor, but shall, as promptly as possible, give
notice of such deficiency to Grantor. In the event the Grantee enters the Replacement Canal
Easement for the purpose of maintenance and damages any landscaping, the Grantee's only
responsibility with respect to the landscaping shall be to restore the landscaping to the minimum
permitted requirements.
5. Nothing in this Easement Agreement shall be deemed or construed by either party or
by any third person to create the relationship of principal and agent or of limited or general partners
or of joint venturers or of any other association between the parties.
6. It is intended that each of the easements, covenants, conditions, restrictions, rights
and obligations set forth herein shall inure to the benefit of the respective parties and their
successors, assigns, heirs and personal representatives. This Easement Agreement may be recorded
by either party in the public records of Collier County, Florida.
7. The laws of the State of Florida shall govern the interpretation, validity,
performance and enforcement of this Easement Agreement.
8. By executing this Easement Agreement, Grantee acknowledges Grantor's complete
and full satisfaction of Grantor's requirements pursuant to Paragraph 5 of the Companion
Agreement, as amended.
[remainder of page intentionally left blank]
[signatures and acknowledgments on the following page]
3
,~
, "i'
"~: .
" ~jAttest ~S to Cha~rsan ,
'JJ\t,,\~7 , 1
'e.::., ..... .~~,-,~1Qnature on II
> ',.1.11, '~ _: f':'" ~' .J
"Appidved.as to form and legal sufficiency:
~ J" A- U<J
Pr fit Name: {-U_Ie I ^~- ( .. tv
AS Vt '" I-r.... va,-r County Attorney
_1685
I
F:\wpdocs\LlT\GL V\Collier Enterprises\Sabal Bay\Drainage Easement Lely Canal 7-31-08.doc
5
1685
: ... ." ~,~. ..
THF FUND.~.
Fax;
~ul 12 2007 11:d1am P003/00d
...'
'oBWP~~.~~~~l~R~A
. .
~.17 :9.116AH'63 D.Rl\lNAGB
If.t;p~''ffi.'8porr .
, tLUK OF l},1~~1)1 ,CQU/17
. " 1'Hl$ INJ)tN!l'Un~, IIlodQ thfi 2nd dllYof J:)auo!iloQr/
,'U~~. ba~C"Jl OOI.lJm O!\V~LOPMIlN'E OOl\PORATI~N, II corJl(lS'aU~n
.. "
, .,
elf'lo~t"'lll,l.n~ tho lllWlI a! the aUlte ot rlaOda I 'Qncl havl~.Jt. PilnQ1p<<t
. ,
~~C~ of ~Ulf~l'IBil'll Ilt J 10 fZIITj'Janu fraH, NDplltB, Florida, pO~'" 01 lito
.. '.. ,
,l1rIU INIt~, and COLtnR COUNrY,. IJ PQ1.lUoili allbdlvl.~on of tho 'taCit
(II n~ldQ; havln~ ',It II S<lIU O! 9overnmont ot Nop!nD. who.if POftQlfJOIf. .
a~o,js' III :NopJcs., oo~mY ~ Co~uw a~ SUlto 'QI }>Jorl<111, pOr-:y ol eM
:90046
CANAl. !~UMJ:N1
~f~:t5i ;,1;',269'
"
. 0" ,
6e~Qnd p~rt. :.
.:~~!7;'t t.:.
.. ...
WIrNBSliJ:1 Ht 1hol t/l~ POTtY O(ChllrlJl pOrt. lqr llm.l
. ~n ClOllsJdorbtjpl1 pi S 1.00 lIOd other vall1l1ole ~\1l",jdOl'.lklJJl, to If In'
'.i':(
~nd paJd b)' tllo. "arty ollllc ~Qc~n~ port, receJp' of whleh lll,~rBby
a!,j(,!owJedV~, has 9Nlntscl Unto the panyof tbe,1I6COnd parl, 1u
"1.le<:e.1l&Qrs ,In !ll)v~1:nmctl':l, tin Olllll)fIlQnt oml rJght-Qi-<\y.llY rQl" tho
,I
.. p.~~/i,el1 o~ aUUlt~IlQ ,\lX"llvating, ~OI!~lr?QUllV and malntaSn1nq illl,
,.' Q\ltfqll and drolno9!1 caMl, \tllOp..iln.~ through the 10UClWlng descr~,
, ~
'.~ ...
. .
: ,
, .
.\
{. .
.~
A ~ ~o root 6trfJ) Qt IQI'Id lying 60 teet q(lcn s!do ot
tlw {QUoWin9 c1escrtbj?Q l:Ienrer Hoc:. .
, '.
Qommenc1nv ~t: tl\e N.E. comer o/.~p..~t,.\9n ~4,
'l'aw'?4h~p 50 South, IIQflQG 2.5 .Ea~t';.'''i.UinJ 890i!Z'~~
W along"tb, North line of .old Bee-don 211, 139.5S
1'eet ~ .4 80at Spjke 10 '1'horoas$on {toad. lY"hJcJI Is .
~lllo Oll. ~I!l ~\lthwe.&tetly R-4Jb~ (Ie WflY linG 01 the
t'srnlarnl Trail (It, a, 41); thelll:e S 3go 03' J I" z:
alon9 GalA Scu!bW'il'~9r~y RIght o~ WilY Hno 218S. Z4.
1""8et to me (l'neor of Wall:er Cunol bejr).g raE POINT
OF BEGtNN.D9G for sold 9~!lt~r llne ot'i(lsemcnt;
tm>n~e S ,)o~ 53'ZP" w 1&93.33 feet; tbeno9 S
42"n'~9~ W 30"1. 3tf fgQt to ... polIn ()n tho Wctlit.
lln~ of Section 19 l:nd of CflJ1ter line, whl.Ch point .
ill 422".37 feet S 000:14 '31" E from th~ We.s~ 1/"
aot~r 01 Sec;tion 19 End TJe. CQnr.'l.tninv.S, aa .
Acres mare AC' lells, .
....; ':
'jn.,,4<Jf
~<V~
~"'-;'~:'l:~':':~
(~~C;-:J"
,.. :, ,~~~.~.~.~,
. parael of ~l\d, S1tulltl'l. lyin!t and tEol1l9 ill fhe County oJ CoUier flnc'!'
..
. IJtate or FJ~.r1d", tQ-wH:
\
!.
I"
i
{,
i
, ':1
:J
;~
'1
'i
.J.
,~.
J
'Il'l wr1N ~~s w aEREor.~n~ 6~1d. pany of the ftrllt Pi'rt
",,' . C"."
- ~.'\.
(
~
"j
4'.
(,
; .
i.
~. -.. ,'_ \V
... a,
. '
~
"(~'^':^I
RECEIVED TIME JUl. 12, 10:42AM
-
1685
EXHIBIT 1 B
(Replacement Canal Area)
1685,,.
OF 27"52'12" AND BEING SUBTENDED BY A CHORD WlilCH BEAI~S S.30036',0'W. FOR
4-12.25 FEET TO A POINT ON A CURVE;
THENCE SOUTHWESTERLY 592.64 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE lEFT HAVING A RADIUS OF 1.288 53 FEET THROUGH A CENTRAL ANGLE
OF 26021 '08" AND BUNG SUBTENOED BY A CHORD WHICH BEARS S.2a046'56'W. FOR
567043 FEET TO A POINT ON A CURVE;
THENCE SOUTHWESTERLY 39572 FEET ALONG THE ARC OF A NON.TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 1,OS2."'9 FEET THROUGH A CENTRAL
ANGLE OF 21"32'10" AND BEING SUBTENDED BY A CHORD WHICH BEARS SAooOS'54'W.
FOR 393.39 FEET TO A POINT ON A CURVE;
THENCE SOUTHWESTERLY 43740 FEET ALONG THE ARC OF A NON- TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 727.49 FEET THROUGH A CENTRAL ANGLE
OF 34"26'57" AND BEING SUBTENDED BY A CHORD WHICH BEARS S2(J031'06'W. FOR
430.84 FEET TO A POINT ON A CURVE;
THENCE SOUTHERLY 89 60 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO
THE RIGHT HAVING A RADIUS OF 190.59 FEET THROUGH A CENTRAL ANGLE OF
26"56'13" AND BEING SUBTENDED BY A CHOr~D W~UCH BEARS S.20044'4S'W. FOR 66.78
FEET;
THENCE S.35"SB.19"W . FOR 187.56 FEET TO A POINT OF ClJRVATUr~E,
THENCE SOUTHWESTERLY 229.19 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 1.035.00 FEET THROUGH A CENTRAL ANGLE OF
12"41'16'. AND BEING SUBTENDED BY A CHORD WI11CH BEARS S29037'41"W. FOR 228.73
FEET TO A POINT OF REVERSE CURVATUI~E;
THENCE SOUTHWESTERl Y 157.28 FEET ALONG THE ARC OF A REVEI~SE CURVE TO
THE RIGHT HAVING A RADIUS OF 60000 FEET THROUGH A CENTRAL ANGLE OF
11' 15.52" AND BEING SUB fENDED BY A CHORD W~iICH BEARS S.28"S4'59"W. FOR 157.03
FEET TO A POINT OF REVEr,SE CURVATURE;
THENCE SOUTHWeSTERL Y 404.55 FEET ALONG nil, ARC OF A REVERSE CUf~VE TO
THE LEFT HAVING A RADIUS OF 1,035.00 FEET THROUGH A CENTRAL ANGLE OF
22023'42'. AND BEING SUBTENDED BY A CHORD WHICH BEARS S.23'21'04"W. FOR 401.98
FEET TO A POINT OF REVERSE CURVATUI~E;
THENCE souniERL Y 98.99 FEET ALONG THE ARC OF A r~r:VERSE CURVE TO THE
RIGHT HAVING A RADIUS OF 793.72 FEET THROUGH A CENTRAL ANGLE OF 07"08'44"
AND BEING SUBTENDED BY A CHORD WHICH BEARS S.15'43'35"W. FOR 98.92 FEET;
THENCE S.19'17'57"W.. FOR 157.63 FEET TO A POINT OF CURVATURE;
THENCE SOUTHWESTERLY 16170 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO
THE RIGHT HAVING A RADIUS OF 800.00 FEET THROUGH A CENT RAl ANGLE OF
13"00.46'. AND BEcING SUBTENDED BY A CHORD W~lICH BEARS S.2S"48'21'W. FOR 181.31
FEET TO A POINT OF '~EVERSE CURVATURE;
THENCE SOUTHWESTERL Y 9604 FEET ALONG THE ARC OF A REVERSE CURVE TO nlE
LEFT HAVING A I~AOIUS OF 800.00 FEET THROUGH A CENTRAL ANGLE OF 07'04'45" AND
BEING SUBTENDED BY A CHORD WHICH BEARS S.2(J"46'22"W. FOR 98.76 FEET TO A
POINT OF REVERSE CURVATURE.
THENCE SOUrHWESTERI. Y 223.75 FEET ALONG THE ARC OF A REVERSE CURVE TO
THE RIGHT HAVING A RADIUS OF 800,00 FEET THROUGH A CENTRAL ANGL.E OF
16"01'29" AND BEING SUBTENDED BY A CHORD WHICH BEARS S33014'44'W. FOR 223.02
FEET TO A POINT ON A ClJRVE;
THENCE SOUTHWESTEHL Y 5907 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE
TO THE LEFT HAVING A RADIUS OF 132.84 FEET THROUGH A CENTRAL ANGLE OF
25"26'47"' AND BEING SUBTENDED BY A CHORD W~tICH BEARS S27'02'54'W. FOR 56.59
FEET TO A POINT ON A CURVE;
THENCE SOUTHWESTERLY 145.96 FEET AI.ONG THE ARC OF A NON.TANGENTlAL
CURVE TO THE RIGHT HAVING A RADIUS OF 125.51 FEET THROUGH A CENTRAL ANGLE
OF 66037'49" AND BEING SUBTENDED BY A CHORD WHICI1 BEARS S.580S3'26"W. FOR
137.87 FEET TO A POINT ON A CURVE,
Pllgc 2 of 14
R:'.2:(H):l'.())0()J() 00.1")2 Sahal Il;!;)'. I.d\' M~UI) (':JIl:lIi\lIHJ) hCil\'llluml'Cf'nUI APlll:c;at"llllll\:p'.(,::mill.."cr-u CJIl~\bd'lblt t\.d,,,
1685
THENCE WESTmL Y 15.38 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
LEFT HAVING A RADIUS OF 52.00 FEET THr~OUGH A CENTRAL ANGLE OF 16056'43" AND
BEING SUBTENDED BY A CHORD WHICH BEARS S.81031'39'W, FOR 15.32 FEET;
THENCE S73'03'17'W., FOR 92.92 FEET TO A POINT OF CURVATURE;
THENCE SOUTHWESTERLY 31.20 FEEl ALONG THE ARC OF A TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 52.00 FEET THROUGH A CENTRAL ANGLE OF 34'22'30"
AND BEING SUBTENDED BY A CHORD WHICH BEARS S5o'S2'02"W FOR 30.73 FEET;
THENCE S.36'40'47'W., FOR 22.43 FEET TO A POINT OF CURVATURE;
THENCE SOUTHWESTERL Y 25.46 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 52.00 FEET THROUGH A CENTRAL ANGLE OF 26.03'21"
AND BEING SUBTENDED BY A CHORD WHICH BEARS S.24'39'06"W. FOR 25.21 FEET;
THENCE S.10'37'2S"W., FOR 3657 FEET TO A POINT ON A CURVE;
THENCE SOUTHERLY 3<1.49 FEEl" ALONG THE ARC OF A NON.TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 6196 FEET THROUGH A CENTRAL ANGI.E OF 31'53'37"
AND BEING SUBTENDED BY A CHORD WHICH BEARS S04025'39'W FOR :14.05 FEET;
THENCE S.24'23'04"E., FOR 22,11 FEET TO A POINT OF CURVATURE;
THENCE SOUTHEASTERLY 2122 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 59.00 FEET THROUGH A CENTI~AL ANGLE OF 20'36'32"
AND BEING SUBTENDED BY A CHORD WHICH BEARS S.34'41'20"E. FOR 21.11 FEET TO A
POINT ON A CURVE;
THENCE SOUTHEASTERLY 4543 FEET ALONG THE ARC OF A NON.TANGENTIAL CURVE
TO THE LEFT HAVING A RADIUS OF 95.87 FEET THROUGH A CENTRAL ANGLE OF
27'09'06" AND BEING SUBTENDED BY A CI10RD WHICH BEARS S.60'33'12"E. FOR 45.01
FEET;
THENCE S.68032'41'.E.. FOR 40.:17 FEET;
THENCE 5.49012'42"E, FOR 16.54 FEET,
THENCE S33042'53'.E., FOR 11.91 FEET TO A POINT ON A CURVE;
THENCE SOUTHEASTEORL Y 42.53 FEET ALONG THE ARC OF A NON.TANGENTlAL CURVE
TO TliE RIGHT HAVING A RADIUS OF 9661 FEET nlROUGH A CENTRAL ANGLE OF
25'10'11" AND BEING SUBTENOED BY A CHORD WHICH BEARS S.26'12'02"E FOR 42.19
FEET;
THENCE S.20033'39"W" FOR l6.9"! FEET,
THENCE S.<I0025.37"W, FOR 18.42 FEET TO A POINT OF CURVATURE.
THENCE SOUTHEr~L Y 83.32 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
LEFT HAVING II RADIUS OF 4900 FEET THROUGH A CENTRAL ANGLE OF 9]<25'29' AND
BEING SUBTENDED BY A CHORD WI'UCI.i BEARS S.00.17'08"E. FOR 73.64 FEET;
THENCE S.56059.52"E, FOR 32.64 FEET;
THENCE S.69013'OO.'E, F.OI~ 32431'EET,
THENCE S."11038.30"E., FOr~ 1468 FEET;
THENGt: S '12021.32"E, FOR 18.61 FEET;
THENCE SA3043'3!J"E., FOH 20 11 FEET;
THENCE N.87'44'37"E , FOR 2524 FEET,
THENCE N.73'58'34"E., FOR 22.23 fEET;
THENCE N.62'30'46"E.. FOH 2912 FEET;
THENCE N 59'27"25"E . FOR 20.31 FEET;
THENCE N.72'22'27"E,. FOR 11,19 FEET,
THENCE N.87'02'43"E., f'OR 14,39 FEET;
THt:NCE $.88"32'44"E.. FOR 10 54 FEET;
THENCE S.48011'00"E. FOR 104.60 FEET TO A POINT OF CURVATURE,
THENCE SOUTHEASTEHL Y 2841 FEET ALONG THE ARC OF A TANGEN IIAL CURVE TO
THE LEFT HAVING A RADIUS OF 59,00 FEET THHOUGI-j A CENTRAL ANGLE OF 27'35'19"
AND BEING SUBTENOED BY A CHORD WHICH BEARS 5 61"56'40"E. FOR 26.14 FEET;
THENCE S.75'46'19"E. FOR 47.78 FEET TO A POINT OF CURVATURE,
THENCE EASTERLY 2356 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
LEFT HAVING A RADIUS OF 59.00 FEET THROUGH A CENTRAL ANGLE OF 22'52'55' AND
BEING SUBTENDED BY A CHORD WHICH BEARS S.87"12'47'"E FOR 23,41 FEET;
Page 4 of 14
R'\2(JQ~\O:iOO~6.00.02 S:lb~1 ts.ay I...:l)' l\o'I:M t:3I1Jl\OOO.ll~~c"\'31Iun 1.e.'JlIl.. ."PllllcillIlllll)n:p\C:utal ~('c~s" C'$mls\E!Chlbn ^.d~
_1685
THENCE N06'20'43''W" FOR 81.45 FEET TO A POINT OF CURVATURE:
THENCE NORTHERLY 26.55 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
RIGHT HAVING A RADIUS Of 9300 FEET THROUGH A CENTRAL ANGLE OF 16'21'33" AND
BEING SUBTENDED BY A CHORD WHICH BEARS N.01'50'04"E. FOR 26.46 FEET;
THENCE N10'OO'51"E.. FOR 92.38 FEET TO A POINT OF CURVATURE;
THENCE NORTHEASTERLY 43.32 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO
THE RIGHT HAVING A RADIUS OF 93.00 FEET THROUGH A CENTRAL ANGLE OF 26'41 '09'
AND BEING SUI:lTENDED BY A CHORD WHICH BEARS N.23'21'25"E. FOR 42.92 FEET;
THENCE N.36'41'59"E.. FOR 139.49 FEET TO A POINT OF CURVATURE;
THENCE EASTERLY 120,06 FEET ALONG THE ARC OF A TANGENTIAL CUIWE TO THE
RIGHT HAVING A RADIUS OF 93.00 FEET THROUGH A CENTRAL ANGLE OF 73'57'53" AND
BEING SUBTENDED BY A CHORD WHICH BEARS N.73'40'55"E. FOR 111.89 FEET TO A
POINT OF REVERSE CURVATURE;
THENCE NORTHEASTERLY 315.88 FEET Al.ONG THE ARC OF A REVERSE CURVE TO THE
l.EFT HAVING A RADIUS OF 1!i20l0 FEET THROUGH A CENTRAL ANGLE OF 118'31'21"
AND BEING SUBTENDED BY A CHORD WHICH BEARS N51'24'11"E FOI~ 26249 FEET TO
A POINT ON A CURVE;
THENCE NORTHEASTERl. Y 376.52 FEET ALONG THE ARC OF A NON.TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS Or- 219.05 FEET THROUGH A CENTRAL ANGLE
OF 98'29'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.43'56'43"E. FOR
331.85 FEET TO A POINT ON A CURVE;
THENCE NORTI-IEASTERLY 27375 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE LEFT I'IAVING A RADIUS OF 16760 FEET THROUGH A CENTRAL ANGLE
OF 93"35'03.. AND BEING SUI3TENDEO BY A CHORD WHICH BEARS N.37'26'12"E FOR
244.32 FEET TO A POINT ON A CURVE;
THENCE NORTHEASTERLY 77.28 FEET Al.ONG THE ARC OF A NON-TANGENTIAL CURVE
TO THE RIGHT HAVING A RADIUS OF 14099 FEET THROUGH A CENTRAL ANGLE OF
31"24.14" AND 8EING SUBTENDED BY A CHORD WHICH BEARS N.24'43'37"E FOR 76.31
FEET TO A POINT ON A CURVE;
THENCE NORTHEASTERLY 170.94 FEET ALONG THE AHC OF A NON.TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 1.035.00 FEET THROUGH A CENmAL ANGLE
OF 09"27'46.' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.290SI'52"E. FOR
170.74 FEEl TO A POINT OF REVERSE CURVATURE;
THENCE NORTHEASTERLY 69.81 FEET ALONG THE ARC OF A REVERSE CURVE TO THE
RIGHT HAVING A RADIUS OF 565.00 FEET THROUGH A CENmAL ANGl.E OF 0"'04'45"
AND BEING SUB TENDED BY A CHORD WHICH BEARS N.2U"46'22"E FOR 69.76 FEET TO A
POINT OF Fl.EVERSE CURVATURE.
THENCE NOHTHEASTEHL Y:<35 07 FEET Al.ONG THE AI~C OF A REVERSE CURVE TO THE
LEFT HAVING A RADIUS OF 1.035.00 FEET THROUGH A CENTRAL ANGLE OF 13.00'48"
AND BEING SUBTENDED BY A CHOHD WI,ICH BEARS N.25'48.20'.E I'OH 234.57 FEET;
THENCE N 19"11'5"1"E., FOR 15.'.63 FEET TO A POINT OF CURVATURE:
THENCE NORTI,ERL Y 126.29 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
LEFT HAVING A RADIUS OF 1,028.72 FEET THROUGH A CENTRAL ANGLE OF 07'08'44"
AND BEING SUBTENDEO BY A CHORD WHICH BE.ARS N.15"43'35"E FOR 128,21 FEET TO
A POINT OF REVERSE CURVATURE;
THENCE NORTHEASTERl.Y 312.69 FEET ALONG THE ARC OF A REVERSE CURVE TO THE
RIGHT HAVING A RADIUS OF 800.00 FEET THROUGH A CENTRAL ANGLE OF 22"23'42"
AND BEING SUBTENOED BY A CHORD WHICH BEARS N.23'21'04"E FOR 310.71 FEET TO
A POINT OF REVERSE CURVATURE.
THENCE NORTHEASTERl.Y 203.48 FEET ALONG THE ARC OF A REVERSE CURVE TO THE
LEFT HAVING A RADIUS OF 1,03500 FEET THROUGH A CloNTRAL ANGLE OF 11'15'52"
AND BEING SUBTENOED BY A CHORD WHICH BEARS N.28'S4'59"E. FOR 203.16 FEET TO
A POINT OF REVERSE CURVATURE;
THENCE NORTHEASTERLY 177.15 FEET ALONG TI,E ARC or A REVERSE CURVE TO THE
RIGHT HAVING A RADIUS OF flOO 00 FEET TI,ROUGH A CENTRAL ANGLE OF 12'41'16"
AND BEING SUBTENDED BY A CHORD WHICH BEARS N.29'37'41"E. FOR 176.79 FEET:
Page () llf 14
t~..\2(MJ~\.[)jOOH..OOO? ,<'i;JllCIJ Bay. I.,,;ly Moun ri\ll~Nj()U.l F~':l"~1I(\111'crmlt '\llflhcauun rl'l~p'..t':lI\aJ :U:l'~S$ \'llmbi\);shlbl! ^.dl~
THIS IS NOT A SURVEY
SEE SHEET 9
MATCH LINE A
0:)
_J
':j
LINE TABLE
LINE BEARING LENGTH
Ll N71'22'59"E 10S.33.
L2 -----NiY17:59"T- 16/.(0;--
L8 S3Y lT5S.'W 167.67.
L9 S71'22'59'.W . 139.33'
L85 N71'22'5. ..( -_....-'30.0St .
o 75 150
'~~;~;C SCI\l.E~
'''.150'
__ POINT OF" COMMENCEMENT
SW CORNER OF SEe 19
.--------..CURVE TABLE
CURVe '.'TENGIH . RADIUS- -..-CCLTA
- C 1 531.75' -8'00.00;-- --:18'05.01"
ca--" .-375.55~ t\65.00' 38'05'01"
C9 956."70' 910.00' _60'14'10'.
C74 731.18' 675.00' 62'03'53"
CUORD CHORD BRG.
522.017' -._N572 ' 9"
3G8.G7' 55Z2' 9"W
913.25' S41'1S'49"W
~:96' NilZZ1.:.11l"_L_
:~ 5 _9.6_ CLIENT: COLLIER LAND DEVELOPMENT, INC.
"'-150'
=~GJK _ "TilLE:
Di\l~^INC.
Planning
Visuali1.ation
CO N S U LTlN G Ow Engineering
..... '-, , .L JL Su",eying & Mapping
LEL Y CANAL
SKETCH OF DESCRIPTION
:Iln:....ro flY
DAM
\if-~; ~~. :~~t',(~050036,OO,02 ~~~';'R 8 01 14 ;:~~ABm 0003 EX SK
1685
1685
1
f
THIS IS NOT A SURVEY
E
SEE SHEET 8
MATCH UNE a
C lJRVE TABLE
CURVE LENGTH.." RADIUS DELTA CIiORD CHORD BR.~.:.._.
-.clo'.. --446.64' 918.22' 27'52'12'. 442.25' 538.36'I"W
Cl1 592.64:.... _.l~_~\l2~.___)6.21;08"._..... 2.!!7.43'._ S28'~~Q_'.'L
'--c,;;- 395.72' 1052.79' .__..ll32'J.1L.__ ___~(l.~,~' 540'05'54"W
C71 003.03' 1287.79' ----ZZ~~O., 499.84' N39.08'23"[
..C72.- 490.56' 1053.53. 26.40.45" 486.14' N273S'S6"E
C73 570.99' '.1~L"{~~._.__.~~~:J2" 565.0r N3TO.'3 "[
V/
\
o 1:;' 150
, ~
GRAPHIC SCALE
1".,50'
Dl\lZAlNC.
PllUlniDll
Visull1iznlion
CONSULTING Civil Bnginoori'l&
..&. '" , ~ .:A. Surveying & Mapping
lSA2Ca~ SVPOl
fait MY'I&.. fl.1'~ 2m1
~lf~~~~~5~~4
."7/5/06
!rt~tr.
\'.,,150.
CLIENT:
COLLIER LAND DEVELOPMENT, INC.
LEL Y CANAL
SKETCH OF DESCRIPTION
DIl"'1!r1l ~JK___ llTLE:
,,-.<<.::1(10 tl'
DAM
~; ;~ '~~ ~~~':1[g050036.00,02 ~~~[iJl[lll 0 or 14 ~~;'n(". 0003 EX SK
THIS IS NOT ^ SURVEY
CURVE TABLE
CUlM: -LENGTH RADIUS .--'-OEi:TA- CHOHO cHolfDiThG.
._~18 98,99' 793.72' 708'44.. .:..:::::.98.9i S15'43'3S"W
C19 181.70. 800.00' '.-'.ij;o6~' 181.31' S25'48'21"W
C 20 ".' -.96~'84. - '-'800:00:" ---'r04. 4 ... '.'98. ia---' .-"S2'7;-::"'7'~W
C21 223.75' 800.00' 16'01.29" 223.02' S3S14'44"W
-.-C22'-. 59.0T 132.84' ..-.--..;."8-4:;.;..'.... 58.59. _S2702.:21"W.._..
C23 14-5.96' 125.51' 66.37:-,jg.;--....;:37.8"l' S58'53'26"W
C24 201.87"-'"21.56' "-95'09:04" -1'/9.40' S47'23'33"W
-C2S- '."'64.08. 90.47' 10.3'54.40" 142.50;..-SS;70i745..W"
C26 144.17' 157.00' 52.36.4'3" 1.39.15' S76'40'44"W
C57-- 120,06. 93.00. 7.3" 57"5:\'. \ 11.89' --;;;73:40. 55" r.
C58 315.8S. '""'"i52~O"- 118';11'21" 262.49. N51.24'j.i....c-..
C59 376.52' 21905'~9.00" '--""33i.85. N43'56'43'.E
C60 273.75' 16"1.60' 9SJ5.0J" .... 74432. -'NJ7'26'12"E
C61 77.28' 140.99.3.~24:'~'- ::--76.E=::.-'N24'43'srif':::'
C62 170,94' 1035.00. 9'27'46.' 170.74' N 9'57' 2'.(
.s.~.?. ._.~~,81' 565-:OV' 1'04.45" tI9-:-'/~6"~:_IillL1_6.:z.n.__
C64 235.07' 1035.00' .....D:.QO'4~. 234,57' N25'48'20"E
_C65- ,128.29' '1028'72;-\.- 7'Oif4.<.....u~i~.~!~... ...t!,J,i43'.3:ri-.J
LINE
L11
Ul3
LINE TABLE -~._~
--- BEARiNG""'. ~II
S19") 7':i7"W' ::~=-'57 63:....
NI9'17'57"[ ::t_,..?..?~~:"
l({
\
o " 1~
~.__._~..J
GRAPHIC SCALE
"0 150.
Dl\lh"AlNC.
Planning
Visualiintion
CONSULTING CivilIJogincering
.&. '" , ..... ... Swvcying & Mapping
~c..~r
1'."'150.
"It........." 8Y TITLE:
.._,.Q.J,~~..,
('I(:;I.{CuT
DAM
Sl~ ~;; ";Y~ ~:~~~;i):050036.00.02 ~'~;J.1'!p. 12 or 14
:,:~;;ij(", 0003 EX SK
\5/11 C~1WIl SIf",
FOU Id)'Mo. F10Ma 3:J901
fIhone'123O)171-522.
F^,(:(239lt7a-~19
SEE SHEET \ 1
MATCH LINE 0
.,
<:>
\f)
Cl)
u
1685
::;
~
CLIENT:
COLLIER LAND DEVELOPMENT, INC.
LEl Y CANAL
SKETCH OF DESCRIPTION
~16 8 5
..---........uNfYASiI-.-....---.-........
LINE BEAI~ING LENGTH
-U 2 s50:2'i7zs';V 179.63'
1.13 5a"'756-4.YW.-....1445.
-Ci.4"- - N7754.4 ,.'w .'.'63.21'
U5:::- -"S84.4B'39..W ---8~i6'
UG ._ S8S'11.:.;u::,W 44 15'
L 17 S90"OO'OO"W _00 51.G5'
L18 N84'17'43"W 37.33'
L19-'..N75;S8'21"W 26.24'
"'y.Q_ N52'27-03.~,~- 53.99':".,
L21 N56'11'15"W 47.42'
L22 .-.. N70' 43;ZZ'W.... ."58.31'-
L23 N71'22'38"W'."" 52.51;-
L24 NJr4\la"W.'. 33.10'
L"2~' N70.00'03"W 2:66.
1.26 -N8S'14'I/W 19 II'
Ll? llirr.l~:w..... '-2152'
L28 ..?J.!r.OO.OO"W___._ 20.98'
L30 573.03'1 t'w 92.92'
1.31 S38"40'47.:W"-' 22.43'
~. _lli'372!fW ~1'--.
L33 S 4'23'04"E 22.11'
~_ __S6!l:.;1Z:'1.1:.L .iQ37'~~
1.35 549'12'42"~._. ___1..~~
L36 533'42'53"' 11.91'
'-1.37 520'33'39"W -i"5:iJ7T-
1.38 S40"25-::-:rW" ~--
1.39 S50' 9'52" E 32.64'-
lAO-. 569'13'00"r 32.4.3'
1.41 71'38' 8' -14F
1.42 S7 .1'3". 18.61'
L4:i- S83'~ .JQ:.!..!.:"._
L44 N87'H'3/C 25.24'
. 1.45 "N73'58'34"E 2:i.23'
.-"lA6-. ---62' 38' 46-E" "-'29:12"'""
1.47 N59'2.1.:..~~L. ...2Q.] 1 ,
LINE
L48
1.49
l50
L51
-'- l52
-i.~
LENCTH
11.1 .
14,39'
10.54'
-1~
4-7.7a~'
74.27'
28,55'
29,62'
"'19.66'
30.83'
24.00'
25.23'
"""iil.82'
.i6':86'
16.82'
37.09'
42.72'
29.16'
...-.22.37'
11.95'
~
__8,56~
4 1.04'
11,42'
22,8,~'
21,.66'
17.46'
."2'0.70. -
33.64.
54.1if"
104,65'
87.78'
B 1.45-'-_
.---cuRvE -'fABLE -'.
CURVE lENGTH RADIUS 01iTA _..-- CHORD" _.C.i.jORO~
.....g..... 62.61' .~3.00,:""" __...~:.;t't:2P'..:. 61.43' ~9' 9'3 ,'w
C28 33.09' 10450' , 18'08'36" m'_ ..l?:..9_~..__ __...If!11'5 8'5 9"[
C7.9 61.05' 1.57~oiY 27;16'40" 60.66' N84'0 3'0 l"W
CJO 10.26;'- -'25.00' 23' :I t lit'........... . 10.19' N"4'1 '4 "W
CJl 1-. 12.5~':"" SO.oo' ,,~'';lir 12.53' NGJ' l'27"W
C32' ._--=~
J.55. 45.00' 4':\1 '23" J.5S' N73'SO'21"W -
C33 7.18' 45.00' '<ro-S.l,i'-- 7.17' N80'40'10"W
CJ4 1.55' 1-. 45.00' '.58'37"' 1.55' Ntl6'13'J6.'W
C35 2,19' ._..~5. 06;- ---;;j.,,~ ,-- 2.19' . NIlIl. J6'2T'w
-.. CJ6- 1--..-.-.. _1.2'56'43" .--
I~U8' 52.00' 15.32' S81.31'39"W
---c37 'Ji".207-- '---52:60;-. J4.n'~0" .-- 30,73' S55'52'02"W__
..
C38 25.46' 52.00' 2lfOJ'21" 25.21' <;?4.39'o7'w
'CJg- 3~:49.' 61.96'__ ~;i:n:.__ 34.05' S04'25'J9"W
C40 21.22' 59.00' 20' 36.32" . 21.11' .__SJ4'41'2Q:L
C41 45.43. .-1?:.~ 2709'06'. -451>,',-- S~'\'12"E
C42 r:i:5Y- 96.81' __~;m.'.lr...... 42.19' .~.2.~Z'02"E ..
C43 83,32' 4foo' -- Q""725'29" 73.64' ~OB'17'07" r:
C44 26,41' 50.00' 27:}.!?:J9" 28.14' 561'58'39"E
C45 23.56' _,,59.Q9~_. 22' 52'55" 2.3,4';;-". 56712'47'(
C46 .25.98'-- 59.00' __.7-5'13'52" 25.77' 518"SO'Ol'.W
C47 25.27' 5900. __~~~2'22'~-= ~Jiil'. 5'9' 34 '28"W
-.-..-- -23.90;' -,'59.00. '_ _S05.4~
C48 --A:r.I1:.1.f_ ._f.3. '1 ~.:-.
C49 ...73.1l3;- _~9.00' 86'19'50" ~.f_ I-:'Si"if 25' Jo" E
__:._...0_
.,-q~ J;U2' 52,00' .__.~!!'42'38" 32.75' SR6'31.:QLL
C51 -.--B.4Y.-. -52~O{T. fr.17'24:'_ _...JL1,? N70'7'1''IT'i:-
-~.!!~ _~8.09. 52.00' 41'57'58'. :\7.24' N44'48'16"E
C53 17.91. -57..00' 19.4,L~L._. 17.Bi. --Nl:S~7'18'.E-=-
C54 9.47' 52.00' 10'26'03" 9.46' _l"Q.l'07'4Z'W _
C55 ..26:55'- ~.3,00:_ 16'21'J3" .. 26.46;- 1i9J.:50'04'~_
C56 4:U"2-' 93.0fl':". 26.4J.:.9.JI.:....._.~,Q~__ ._~~J'21.2:i.:L
DI\XhAlNC.
Plonning
Visualization
CONSULTING Civil~
.&. '"' , "" .... Surveying &: Mlippmg
134i!'CI/'$OfISfrNC
F~~~'m':.:ml1
fAX (139\278-$'"
."" 5 06 CLIENT:
~("'.[.
1.' ~J.2Q.:_
COLLIER LAND DEVELOPMENT, INC.
iJ'''''4'lIl1v
CJK
ClltCII'lO ;;--'
DAM
','; ~~f~' ~~~~~C.'0500J6.00.02 ~~~,lg'(i< 14 or 14 ~~~!If." 0003 EX SK
lITLE:
LEL Y CANAL
SKETCH OF DESCRIPTION
.',
1685
EXECUTIVE SUMMARY FoR. 2004 -209
Approve a resolution providing for the acceptance of conveyances made by developers
and/or owners in compliance with development commitment requirements, ordinances and
agreements or as an integral part of a capital improvement project, including but not
limited to, stipulations required as a pre-condition for the approval of conditional uses, and
site development plans.
OBJECTIVE: For the Board of County Commissioners (Board) to approve the attached
Resolution accepting conveyances made in compliance with development commitment
requirements, ordinances and agreements or as an integral part of an approved capital
improvement project, stipulations for conditional uses, site development plans and the like, and
for the Board to authorize its Chairman to execute related documents on behalf of the Board.
CONSIDERATIONS: All throughout each year, various interests in real property must be
conveyed to Collier County in order to fulfill development commitments as required by re-zone
ordinances, conditional use stipulations and site development plan approvals. The formal
acceptance of these conveyances is important in establishing the public's right to utilization
thereof.
Resolution Number 2004-25, approved by the Board on January 27, 2004, nearly accomplished
this purpose; but failed to include real property conveyances made pursuant to conditional use
approvals, or site development plan approvals. That resolution also limited the acceptance of
such conveyances to calendar year 2004 only, and further proscribed unnecessary written
notification to the Clerk of Court that the conveyance was made in fulfillment of an obligation,
that the conveyance was deemed to have been accepted by virtue of said resolution, and that the
Clerk was authorized to stamp or affix a seal to the conveyance instrument attesting to such
Board acceptance (after which the instrument could be recorded in the public records.)
The attached Resolution creates a blanket acceptance of real property conveyances made to
Collier County which have been requested by Collier County, through one venue or another,
streamlines the process for recording such conveyances in the public records, and delimits such
acceptance and authorization to the current calendar year.
FISCAL IMPACT: There will be no fiscal impact on the planned budget as a result of this
request.
GROWTH MANAGEMENT IMPACT: This request is consistent with the County's long-
range planning effort.
RECOMMENDATION: That the Board of County Commissioners approve and authorize the
Chairman to execute the attached Resolution.
"
RESOLUTION NO. 2004- 209
1685
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF ALL
REAL PROPERTY CONVEYANCES MADE EITHER TO COLLIER COUNTY,
A POUTICAL SUBDIVISION OF THE STATE OF FLORIDA, OR TO THE
COLLIER COUNTY WATER-SEWER DISTRICT, WmCH ARE HEREAFTER
MADE IN COMPLIANCE WITH THE DEVELOPMENT COMMITMENT
REQUIREMENTS OF ANY AND All ORDINANCES, OR IN FULFll.LMENT
OF OBLIGATIONS PURSUANT TO AGREEMENTS, DEVELOPMENT
ORDERS, SITE DEVELOPMENT PLAN REQUIREMENTS OR STIPULATIONS,
OR AS MAYBE REQUIRED FOR THE CONSTRUCTION OF ANY CAPITAL
IMPROVEMENT PROJECT.
WHEREAS, the Board of County Commissioners is the governing body of Collier County, a
political subdivision of the State of Florida, and in addition is ex-officio the Governing Board of the
Collier County Water-Sewer District (hereinafter collectively referred to as "Collier County"); and
WHEREAS, various interests in real property must often be conveyed to Collier County for
public use in order to fulfill certain development commitments stipulated by Collier County
ordinances, development orders, conditional use approvals, site development plan approvals, or in
order to fulfill obligations which may now or in the future be contained in agreements between
Collier County and any legal entity for the construction of capital improvement projects; and
WHEREAS, the formal acceptance by Collier County of such conveyances is important in
that infrastructure maintenance responsibilities are thereby established, and the public's right to
utilize certain real property becomes documented through such acceptance; and
WHEREAS, the growth of Collier County necessitates an .'increasing number of such
conveyances year after year, which would otherwise require ~ounty staff to prepare an increasing
number of executive summaries to bring each separate "acceptance" before. the Board of County
.,.
Commissioners; and
WHEREAS, it is desirable and in the best interest of Collier County to reduce the staff time
and paperwork which is generated by the formalized acceptance process for each conveyance.
NOW, THEREFORE, BE IT RESOLVED that all interests in real property which may be
conveyed to Collier County, or to the Collier County Water-Sewer District, and which are conveyed
as a development commitment requirement pursuant to any County ordinance, as a stipulation or
COlldition of Conditional Use approval or Site Development Plan approval, or in fulfillment of any
obligation which may now or in the future be contained in any agreement between Collier County
and any other legal entity, or which real property conveyances are required for the construction of
Page 1
1685
any capital project which has been approved by the Board of County Commissioners, are hereby
accepted.
AND IT IS FURTHER RESOLVED that in order to document the acceptance pf any such
conveyance of an interest in real property to Collier County, a stamp or seal attesting to acceptance
on behalf of Collier County, with reference made to this resolution, shall be affixed to such
conveyance instrument by County staff prior to its recording in the Public Records of Collier
County, Florida.
AND IT IS FURTHER RESOLVED that the Chairman of the Board of County
Commissioners is hereby authorized to execute all documents pertaining to the acceptance of any
such real property conveyance, or pertaining to the clearing of the lien of any encumbrances from
any such conveyance.
AND IT IS FURTHER RESOLVED that the staff is authorized to follow proper real estate
closing procedures and record all such conveyance and curative instruments in the Public Records
of Collier County, Florida.
AND IT IS FURTHER RESOLVED that Resolution No. 2004-25 is hereby superseded and
replaced in its entirety.
'J. ^ l ,.--
TillS RESOLUTION ADOPTED on this ~ day of LJ Uf'I L , 2004 after motion, second and
majority vote.
ATTEST:
DWIGHT E. BROCK, Clerk
"
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY;FLORIDA
.,.
c..
By: tl~ d-dt.
DONNA FIALA, Chairman
~. r:. . ....., ..... . .
~-:J.) l,'~~.ca>'l,1t ..;~. ~~r~
Attest as ~.tO :~1""'~1~ : ~
5 igncttureol1J "l{>~. ~ ::~.
?"... '..' \!Jll~t\.". --,
c~.~~ ..)~ -.:::::::. .-. .. ~jl;
'1 . PI! "I' r.,\~
~C./.;J ~--
Approved as to form and
legal sufficiency:
JJ~f^,-
HeIdi F. Ashton
Assistant County Attorney
flem# Ih.B5
~~~;da 6-22 'Qt(
Page 2
1685
FIRST AMENDMENT TO OCTOBER 22, 2002 STANDARD FORM COLLIER COUNTY
CONTRIBUTION AGREEMENT FOR ROAD IMPACT FEE CREDITS
AND
SECOND AMENDMENT TO OCTOBER 14, 2003 COMPANION AGREEMENT
REGARDING THE LEL Y AREA SURF ACE WATER DRAINAGE IMPROVEMENTS
"'~nlllt
==:;~
... .. ...
-.a _ " ~..
tIo. ~~...
THIS AMENDMENT is made and entered into this 2.."L41ay of M ~\,... , 2008, by and ell ~ 0
between Collier Land Development, Inc., a Florida corporation (hereinafter referred to as "Developer") ... =
and CDC Land Investments, Inc., a Florida corporation, formerly known as Collier Development !
Corporation, a Florida corporation (hereinafter referred to as "CDC"), which, along with their respective = ;:
successors and assigns, may be jointly referred to as "CDC/Developer," and the Board of County :;!
Commissioners of Collier County, Florida, as the governing body of Collier County (hereinafter referred ~
to as "County").
RECITALS:
.,
ontribution Agreem
. upon the ~ .
~cn~..C
WHEREAS, Developer and County have agreed to amend the Contribution Agreement and the
Companion Agreement, as amended, as provided herein.
WITNESSETH:
NOW, THEREFORE, IN CONSIDERATION of Ten Dollars ($10.00) and other good and
valuable consideration previously exchanged between the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
I. All of the above RECITALS are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below.
2. Paragraph SE of the Companion Agreement is amended as follows:
"E. CDC/Developer shall dedicate and convey, at no cost to the County, all rights
aRe iRterests it has te a drainage easement for the existing Lely Canal that historically has
been maintained by Collier County. A graphic rendering of this area is shown as "Lely
Page 1 of8
-=
....n
_0
- lilt
.... co
- ...
.... co
g ...- ~
_ CI ......
... "" 0-"
"" ::r c:>
_.. -...3
::" ~ ......
:::: :l c:>
_n
=- ~ c::>
~r; ~
:r:=--
_n
... :;: ~
~ ~ (.A,)
_ 0 (..r'1
lilt .... 0-"
o
nn
...O~
.:::~
~:;:_.
... lilt
~nc:>
8-:1
=......
:"'"~
-
"...
lilt
...
n
-
...
...
....
-
-
....
-
1685
Canal (Existing Conditions)," attached hereto as part of Exhibit B, calculated therein at
21.2 acres. All references to acreage herein, including this reference, are estimates only,
with a final detennination of actual acreage to be determined in a customary manner by
the County."
3. Paragraph SF ofthe Companion Agreement is amended as follows:
"F. CDClDeveloper shall dedicate and convey to County a drainage easement for an
additional 14.3 acres for the Lely Canal, representing the area of the widening of the
existing canal. A graphic rendering of this area is shown as "Lely Canal (Per 1985 Master
Plan)," attached hereto as part of Exhibit B. Collier County shall pay CDClDeveloper the
appraised fair market value for the 14.3 acres drainage easement and the land valuation
shall be apprised as the value of Agricultural zoned land on the day before the County's
1986 rezoning to "PUO" of the CDC ORI/PUO land."
4. Paragraph 5G of the Companion Agreement is amended as follows:
o
=="
~
~
c..n
C'I"-.
~
G")
c::>
~
~
("",n
"K. Upon performance of the Companion Agreement as amended by the First
Amendment and as otherwise provided herein. Coun1;y agrees to reimburse
CDC/Developer for the conveyances of (i) land in fee simple (specifically. the Lely
Manor Canal described in Paragraph 8 of the Companion Agreement) in accordance with
the summlll)' report of the real property appraisal from Integra Real1;y Resources dated
Februlll)' 5. 2004. attached hereto as Exhibit "2". and (iD by drainage easement
(specificallv. the Lely Canal described in Paragraph 5 of the Companion Agreement as
amended. and the Avalon School Outfall Canal described in Paragraph 7 of the
Companion Agreement. as amended) in accordance with the summarv report of the real
property appraisal from Integra Real1;y Resources dated July 26. 2007. attached hereto as
Exhibit "3". As to the County's share of the actual costs of the design. permitting and
construction. the Coun1;y asrees to the proportionate share calculations rendered by RWA
Consultin3. Inc. provided to the Coun1;y on January 19.2007. attached hereto as Exhibit
"F" to the First Amendment. The County further agrees with the current proposed proiect
Page 2 of8
16 B 5 ,,..
budget submitted by CDC dated January 19.2007. attached hereto as Exhibit "a" to the
First Amendment."
7.
follows:
Paragraph 5 of the Companion Agreement is amended to add a new Paragraph 5(L), as
"L. The parties acknowledsze and agree that CDC/Developer shall construct the Lely
Canal in accordance with a Modified Drainage Design. and that CDC/Developer shall
dedicate and convey by drainage easement lands for the Lely Canal to be constructed by
CDClDeveloper. Accordinglv. upon the completion of construction of the Lely Canal. by
CDClDeveloper. the Drainage Easement recorded in the Official Records Book 157 at
Pages 269 through 270. inclusive. of the Public Records of Collier Countv. Florida
("Existing Easement") shall be tenninated and replaced by the drainage easement as set
forth in Exhibit" I" attached hereto and made a part hereof which reflects the meandered.
non-linear canal design (the "Reolacement Easement"). The parties further acknowledge
and agree that the (i) Replacement Easement set forth in Exhibit" I" attached hereto shall
depict 52.27 acres of easement area and (ij) County's LASIP design plan for the Lely
Canal contemplates 49.37 acres of easement area. The County alUees to pay and
Develo r a ees to acce t d on the 49.37 acres which re resents the
ori inal 3 se ents of t Ian less the credit of 18.6 acres set
forth in Para a h 5 . The tin of the 52.27 acre
Re lacement Ease land conye ance re uirements
described above i
8. Paragraph 7 of
in its entirety and replaced with
y e First Amendment is deleted
"7.
A.
Ian marked Exhibit
"4".
n School Outfall Canal as
and inco orated herein u n the
velo ment acf"acent to Avalon School
Outfall Canal S stem. Within s followin com letion f construction of
the Avalon School Outfall Canal. CDClDeveloper shall convey by drainage easement
land needed for the Avalon School Outfall Canal System drainage imorovements. and the
parties hereto shall execute and record. a fonn of the drainage easement substantially
similar to Exhibit "I" attached hereto and incoa:porated herein. As to the Fern Street
Relief System. CDC/Develooer agrees to maintain the current positive outfall alreadv in
existence which adequately conveys stonnwater flow from Fern Street.
C. The County shall reimburse CDClDeveloper for the value of the dedication for
which the County is responsible for payment within three (3) years of the date the real
property or easement is accepted by the County and shall be valued based upon an
appraisal. and valuation shall be ao.praised as the value of Agricultural zoned land on the
day before the County's 1986 rezoning to "PUD" of the CDC DRI/PUD land.
Notwithstanding the foree:oimz. the County. during any fiscal year. shall not expend
money. incur any liability. or enter into any contract which. by its tenns. involves the
expenditure of money in excess of the amounts bude:eted for such proiects as available
for expenditure during such fiscal year. Accordingly. the Parties a2ree that the County's
l'Crfonnance and obligation to pay within the timeframe provided under this Agreement
is contingent uoon an annual appropriation by the Board of County Commissioners of
Page 3 of8
c::>
~
~
~
U"1
c::r.
~
C')
c::>
-.1
........
c::r.
1685
-
Collier County. In the event funds have not been appropriated to timelv make payment
as provided herein. County shall. within ninety (90) days of leaminll of such non-
appropriation. give CDClDeveloper written notice of the need to amend the agreement to
extend the time for payment and the parties agree to extend the time for payment to no
later than the first 30 davs of the immediately following fiscal year."
9. Paragraph 8C of the Companion Agreement is hereby modified by adding the following
additional provision:
"Exhibit "c" is hereby deleted in its entirety and substituted therefore Exhibits "5" (lake).
CDC/Developer has elected not to dedicate or convey less than a thirtv-five (35) foot
strip and therefore any and all references to the CDC/Developer Portion are deleted in the
entirety. "
10. Paragraph 8 of the Companion Agreement is amended by adding the following additional
Paragraph 8(E):
11. Paragraph 12 of the Companion Agreement is hereby modified as follows:
"12. All conveyances set forth herein shall be in fee simple to the County by warranty
deed except as may be specifically Drovided herein. such as but not limited to the Lely
Canal and Avalon School Outfall Canal as described in Paragraphs 5 and 7. which shall
Page 4 of 8
~
~
c:::>
--.3
........
--.3
~6B5
be by grant of easement. With respect to such conveyances and easements, the County
shall be responsible for paying the costs of any title work and searches, and
CDClDeveloper shall be responsible at its costs for promptly removing or curing any
liens, encumbrances or deficiencies revealed in any title work."
12.
follows:
The fourth paragraph on Page 4 of the Contribution Agreement is hereby amended as
"WHEREAS, the County finds the plan of dedication in fee. or by easement as further
specified herein or in the Companion Agreement. as amended. for the Donated or
Conveyed Land described in Composite Exhibit "B" is in confonnity with contemplated
improvements and additions to the transportation network as described in the Collier
County Long-Range Transportation Plan and to the stonn water management plan of the
County; and"
13. Paragraph 20 on Page 10 of the Contribution Agreement is hereby amended as follows:
14.
C>
:x:J
e en reby amended as follows:
.~
'l' fee, any land owned by
rovements required for the
nty approved locations selected
such lands in fee to County on the
~
c.....>
CJ"I
0"'1
""'U
~
c:::>
-..3
~
00
15. Except as modified herein, the remaining provisions in the Contribution Agreement,
Companion Agreement and First Amendment to Companion Agreement shall remain in full force and
effect.
16. If there is any conflict between this Amendment and the Contribution Agreement, the
Companion Agreement or the First Amendment to Companion Agreement, the provisions of this
Amendment shall prevail.
Page 5 of8
1685
,,~ -/Jp- '/
DONE AND ORDERED this~day of f
.2008.
G.
BOARD OF COUNTY COMMISSIONERS
:LL~b
TOM HENNING, CHAIRMAN
...-,.~~~rc .,~
,...'V . .. . . '. "".'"
'," ..
'.
, .
-'
D. _. .. ' . I
APplUIH!1J:~, RM AND
LE~~~i}]CY~
~It/l ~~A -
SCOTT R. TEACH,
MANAGING ASSISTANT COUNTY A TIORNEY
c::>
::ctI
~
c....>
CJ'I
en
~
~
c::::>
~
......,.
'-0
Page 6 of8
1685
W&r]
(Signature)
~~B~
(Print full name)
~~~-~\- - ..--/
y
(Signature)
S ,.." I a.)~ ti-. ~ R.>> II
(Print full name) r
COLLIER LAND DEVELOPMENT, INC.
BY:~~---
,,\~ .Vice President
STATE OF FLORIDA
COUNTY OF COLLIER
greement was executed before me this?ttay of lfril-, 2008 by Mjdut.~
ic resident of Collier Lan Inc.
~\.JB 0 U:
CXIIIESNlTMMlO
MY CQIIISSlON ,IX) 511148
EXP1ftES: .'8, 2010
11II&...,NIC.......
<::>
:x:t
S, INC.
~
<.,A,)
CJI
~
~
~
~
-..J
1"'0..>
~
~
Vice President
(Print full name)
""' -=:::::;:. . - -I \ ~
. . ... . c:~ <:.::::::" 1 . ~ \. \.(
(Signature)
c- .
'-....~,.~ I flJ N G-_- .
(Print full name)
+~v
I
STATE OF FLORIDA
COUNTY OF COLLIER
ement was executed before me thiJ!tay of ","7
. P ~ident ofCDC Land Investments, Inc.
.2008 by Rrht.yJ. Urltvl-
Notary I?ublic ;;:- S t of Florida
NameLb~Mi.I
Certificate No.
My Commission Expires Oh-16,ID
00fIIE SNlTMWlO
MY cxMISSION ,IX) 519148
EXPI!e: JlIII18. 2010
IandId 1111&"" NIC........
Page 7 of8
16B5
Exhibit List for
First Amendment to Contribution Agreement and
Second Amendment to Companion Agreement
Exhibit I - Drainage Easement - Lely Canal
Exhibit IA - Land encumbered by Existing Drainage Easement
Exhibit I B - Lely Canal Legal
Exhibit 2 - Integra Realty Appraisal Summary Dated Feb. 5, 2004
Exhibit 3 - Integra Realty Appraisal Summary Dated July 26, 2007
Exhibit 4 - Avalon School Outfall Sketch
Exhibit 5 - Lely Manor Canal and Spreader Lake
Exhibit 6 - Lely Manor Temporary Construction Road and Permanent Maintenance Easement
o
::=t:J
~
c.....>
(..TI
~
~
C':l
c:::>
-..J
~
-""
F:\wpdocs\LmGL V\Collier Enterpriscs\Sabal BaylSECOND AMENDMENT TO COMPANION AGREEMENT 4-1 S-08B.doe
Page 80f8
16B5
EXHIBIT 1
(TO SECOND AMENDMENT
TO COMPANION AGREEMENT)
Prepared by and return to:
Christopher J. Thornton, Esq.
Cheffy Passidomo Wilson & Johnson, LLP
821 Fifth Avenue South, Suite 20 I
Naples, FL 34102
DEDICATION AND CONVEYANCE
OF DRAINAGE EASEMENT
AND RELEASE OF ORIGINAL EASEMENT
THIS
RELEASE OF ORIGINAL EASEMENT "
day of , 2008, b
Florida corporation, whose ad
LAND INVESTMENTS, IN .,
WHEREAS, Grant
Canal Easement recorded D
Records of Collier County, FI
ent pursuant to the Drainage
co ok 157, Page 269 of the Public
e @ ); and
o
~ ertain Companion Agreement dated
October 14,2003 and recorded in ~~ 24, Page 337 of the Public Records of
Collier County, Florida, as amended by ent dated March 27, 2007 and recorded in
Official Record Book 4218 Page 1451 in the Public Records of Collier County, Florida and by a
Second Amendment dated the _ day of . 2008 and recorded in Official Record Book
_ Page _ in the Public Records of Collier County, Florida (collectively, the "Companion
Agreement"); and
WHEREAS, pursuant to Paragraph 5 of the Companion Agreement, as amended, Grantor
is required to dedicate and convey by easement Grantor's right, title and interest in and to the Lely
Canal, as constructed in accordance with the Modified Drainage Design; and
WHEREAS, Grantor wishes to comply with the provisions of Paragraph 5 of the
Companion Agreement, as amended, by granting and conveying the easement described herein; and
WHEREAS, in consideration of the easement to be granted by Grantor to Grantee
pursuant to this Easement Agreement, Grantee wishes to release and convey to Grantor all of
Grantee's interest in the Original Canal easement.
C)
~
~
c...."
CJ'I
en
~
c;'}
c:::::>
~
~
~
16B5
NOW, THEREFORE, for and in consideration of $10.00, as well as other good and
valuable considerations, the receipt and sufficiency of which is acknowledged by Grantor and
Grantee, the parties hereto agree as follows:
A. Grantee hereby quit claims and releases to Grantor all of Grantee's rights, title and
interest in and to the Original Canal Easement and the lands encumbered by the original Canal
Easement described in the attached Exhibit IA.
B. Grantor hereby grants and conveys to Grantee, on a quit claim basis and without
warranty of title, a perpetual, non exclusive easement, license, and privilege, to place and/or
excavate materials for the purpose of constructing, operating, and maintaining drainage
structures and facilities, including but not limited to canals, ditches, swales, earthen berms, rip-
rap and retaining wall systems, underground pipes, and various types of water control structures
(the "Replacement Canal Easement") within the following identified easement area, consisting of
lands located and being in Collier County, Florida:
subject to restrictions and reserv; .
RESERVING UNT G
use and enjoyment of the pI
the right conveyed to Gran
Grantor's right to secure
lawful means as Grantor
construction of security fencI
2. Nothing contained herein shall be construed as creating an easement or any other
right in favor of the general public in or to the Replacement Canal Easement or the Replacement
Canal Area or for any recreational use of the Replacement Canal Easement or the Replacement
Canal Area.
3. From and after the date of this Easement Agreement, Grantor, or Grantor's
successors or assigns, shall have full responsibility for the maintenance of that portion of the Lely
Canal located within the Replacement Canal Easement in accordance with all applicable permits,
approvals, laws, codes and regulations.
4. In the event Grantor shall fail to maintain the Replacement Canal Easement in
compliance with all laws, regulations, permits and approvals applicable to the use of the
Replacement Canal Easement for the purpose stated herein, Grantee, after at least thirty (30) days
2
o
::c
..p.
~
~
en
""'d
C"1
c::>
--.:I
r..,)
<..A:)
1685-
prior written notice to Grantor of such deficiency and Grantor's failure to cure such deficiency
within thirty (30) days following receipt of Grantee's notice, shall have the right to enter into the
easement area to correct such deficiency, and upon completion thereof, Grantor shall reimburse
Grantee for Grantee's reasonable cost to correct the deficiency. In the event such deficiency poses
an immediate threat to the safety of any person or property, Grantee may take immediate remedial
action, without thirty (30) days prior notice to Grantor, but shall, as promptly as possible, give
notice of such deficiency to Grantor. In the event the Grantee enters the Replacement Canal
Easement for the purpose of maintenance and damages any landscaping, the Grantee's only
responsibility with respect to the landscaping shall be to restore the landscaping to the minimum
permitted requirements.
5. Nothing in this Easement Agreement shall be deemed or construed by either party or
by any third person to create the relationship of principal and agent or of limited or general partners
or of joint venturers or of any other association between the parties.
6. It is intended that each of the easements, covenants, conditions, restrictions, rights
and obligations set forth herein shall inure to the benefit of the respective parties and their
successors, assigns, heirs and personal . is Easement Agreement may be recorded
by either party in the public reco~
()
7. The laws of e rn the interpretation, validity,
performance and enforceme of . s
8. Byexecutin
and full satisfaction of
Agreement, as amended.
owledges Grantor's complete
agraph 5 of the Companion
3
o
::a
~
~
c..n
~
"""='
~
c::::>
--.:J
......,
M=::a
1685
-
IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name
by its duly authorized corporate officer.
Signed, Sealed and delivered
in the presence of:
COLLIER LAND DEVELOPMENT INC.,
a Florida corporation
Witness
Print Name:
By:
Print Name:
Title:
Witness
Print Name:
C)
::cJ
STATE OF FLORIDA
COUNTY OF COLLIER
~
c.....,)
(J'1
0"\
~
c;:.
,
of Collier
ly known to me, or [ 1 has
as identification.
SEAL
c::>
-..J
~
(J'1
[signatures and acknowledgments continue on following page]
4
1685
CDC LAND INVESTMENTS, INe., f/k/a
Collier Development Corporation, a Florida
corporation
Witness
Print Name:
By:
Print Name:
Title:
Witness
Print Name:
ST A IE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this _ day of
20008, by
Land Investments, Inc., a Flori
produced driver's license no.
,
of CDC
rsonally known to me, or [ ] has
as identification.
c:::>
::a
SEAL
H=a
'-'0.)
~
~
~
~
c::>
--.J
~
~
5
1685 1
AITEST:
COLLIER COUNTY FLORIDA, a political
subdivision of the State of Florida
By:
By:
Print Name:
Title:
Approved as to form. and legal sufficiency:
Print Name:
County Attorney
C>
~
~
c....>
~
~
~
~
~
-..I
~
-..I
6
16B5
II POOR QUALITY ORIGINAL II
Exhibit I-A
." ,..'
~".. '900&6
.... ..
".J1 :,..1111 D'.AJ.~as OAltAl. aASlMI~"
dI"~. .
, '
.~. . . '. '. . rRJI (NDI.~UU,..... till; IJIII cIIyol ~,
. .'1"~. --. ~ 1)IYIJ,gpMIJIf OORPDltA'JX!H. a 0DrJlCII'~
. .
.', .u..... ~ .... ~.... '.Ie ", "~.'''' bovtlll.." ~
. .....oI~_.. al i.uo.....uraJ1. .... nor.., ~oI a..
, .. . '
. 1In~.. IUIII OotUJR OOUJIn',' . JlQUUcNtJ ...WM.. .,... "-ce
. ." '. .., ..
. , or ,...., -JIlt'J" .... ol p........,.".,. WIlNf'~ .
. . , .
. . " . utltei.;'..pJo&. ~ a( aouiw ud ....Q/' "..... ,..... oIlbt
.. ... r
M6o.d JIlIYt. :.
Iffi6? i~289
"
.'
~C!~iora.~. """..,...a, an
..p~~~..o~tiIIV.
,- ~.ad........ _1.
, ...-1 Df~, ..at., I~
. ... of~, .....11:
~..!
.....
'.
\
r
; .
t-:
..
CJonImetlCSft9 III t1. N.
~..... SO SoaIIa.
w alO.\v'lh. aJa'tJa I_
I. ~. .... Ipflee 10
Ill" CIa _Ill tI<<NdlW...-d,. It
"'-'-_ hd CU.'. 41),
...... ~\frbo IUtM
f-* to !he ..._ of We""" Caaal
0I1J1GD11fJWG ,.. .IU 1'9fJtW -. of..........
t1leaoe a.O" "'a.. w lItJ,~ feet .... 8
4Z-17'a," w 101.34 c.... poJ...... Wat-
u. of ~ 1. lad of cahIr u.., ~ ,.. .
.. 4~a'.Sf feet. O"""'U. E frca"'. "'at),lf
-*lw 01 ...... l' W'I.., l!pJCIil"fI\V..,.i .
__ .... ... .Ia, . '
.1
0
~
..,::.
(..0.)
'-7'1
en
...g
~
<::::t
--.JI
~
00
t.
.i
.1
'.. f
-;
.
"
.
. .
. ;
. .
'.,.,.
: !
I .
-\
.'.1
.0.
: ,
.......-....
'lit wrrJU,. WKBUOp._..I4~vl~&ttJlNt
". "~.,..". :
'. r:
'! o.
'.
. ..~
_. ''t.....
~~~tr~t..~:~
r
J.
(
"
':. ".
".
.. . f ~
~- a.'-'~
f' .... ' ,r ....~..--:...--
.. :., .-A" ^:."'I
II POOII. QUALITY OIl.IGINAL II
.'
I
.'(
,"-...
f'f.'
~ .
\ .
'*
~:.
."
.
,
..t
., "":-
i." ~
..
"
-.
. . -f .
1685
1&167 /..~2"'/U
. .. '.. ,Po.
.: ,
"
..... __ tho., llnJ_nIIIlQ tie "~aIDd UI lt111l1ll0, ..~lllIlt' llCIrpClI'."
.:..eej 10 lie ...,... tua." lIf IIIIl IIJOM' cUlRr. ~~to cIu1y .
".' .
IN\btIrJall. ... dD)' - ,..,.'~.,.-........ .
. , {
,
\
.
.
,
;~
. .
I
...~
. '
....., ",,
.1 .,.' \,'1; ..~:-
'f . :.... ."."'.
'. , (..~..~H. ."
. c '. ....",.. ~ ......,-.l..:r. '~
'1 r ~_t_. 'hi ...... ~.~.
· 4 ..~.---(-:;. . ~t:r:r-". ~ ~ ' ..;,:r f;! H ~
,:W' "'~'~.'.'. A' 't...,.... .. /
" :' .I.~ _..~ .,., :'. ....~ .,~. .. ._ .'
. ~ , ....... .
I ';h'''''''. .
~2 tJ I
.;l.w, Ie (.!~
..,...
.- ..
. .
CUlat~ ).
'~07~' J
,
." ..
<::)
:::0
I IIIR1IY onn"
~ .. a...... Jft .. .....
.........._11.. JI,nllW'Ure
..../ ..u knoIm to JlIlt W
....1lfiM~ 0( Coli. b~
pin in ~ fQrep", ~
i ~ aec:uIStt9 dMI ....
. \. .......... frt41' 10i VOlllJltartl)'
.... ~"'1alI1M\ _ .... ,
. . ....
,"' cd ..S\t ...pcnUllD.
..: W1!"~" ., lIapt ..d offJ.,.) ..d III ~ia.
, .~..~
{..y,.;.,,;"l.(;.~~d. Stllte afor...Sd cbS. J*' day 0' .o.ce__
I. ihlT~" .' \~\ '.
6''".i .,..} '1" . '~ . .'
. . . . OO'... 1_ iI: . -.J1!"I ~ ~ ~ ......
. ',.:-'11,,1- \ G ,~.. J ~~ '" . ..0, u."'"'1-~~
.::~~...... ,~..~.' '..
~ QI;~",,!-
.,r:::.
(....,)
~
~
~
~
c:::>
-.3
r--..>
'-0
.
. ~
,3
1
" J
...
. s
t
.i
,
. 1
~
..I.., -'.
-........
,...".. .. .....: ..,.,. ",..... .
---.,.-
_t. to IIIJIIfT .
-....f!~ ...
. 'l:~~~\"'. '
" - ,: ~<.~{~{. .. .."
.~
~
1",,'
,:.
. .f,;.
.
r .. ' ..,.
. _.~~. ... '~.i'_ .'..Cr .,j~ ~A:'
1685
exhibit 1-8
111..1.1
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF
COWER. LYING IN SECTION 19, TOWNSHIP!lO SOUTH, RANGE 26 EAST, AND SECTIONS
24 AND 25, TOWNSHIP !lO SOUTH, RANGE 25 EAST AND BEING FURTHER BOUNDED AND
DESCRiBeD AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 50 SOUTH.
RANGE 28 EAST;
THENCE N.OO"13'03"W.. ALONG THE WEST LINE OF SAID SECTION 19, FOR 2,222.38 FEET
TO THe POINT OF BeGINNING OF THe HEREIN DESCRIBED PARCEL;
THENCE N.71"22'58"E., FOR 109.33 FEETTOA POINT OF CURVATURE;
THENCE NORTHEASTERLY 531.15 FEET AlONG THE ARC OF A TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 800.00 FEET THROUGH A CENTRAL ANGLE OF 38"05'01"
AND BeiNG SUBTENOED BY A CHORD WHICM BEARS N.52"2O'29"E. FOR 522.01 FEET;
THENCE N.33'17'58"E., FOR 161.67 FEET TO A POINT OF CURVATURE;
THENCE NORTHEASTERLY 291.58 FEET AlONG THE ARC OF A TANGENTIAL CURVE TO
THE RIGHT HAVING A RADIUS OF 800.00 FEET THROUGH A CENTRAL ANGLE OF
20"52'58" AND BEING SUBTENOEO BY A CHORD WHICH BEARS N.43"44'28"E. FOR 289.97
FEET TO A POINT OF REVERSE CURVATURE;
THENCE NORTHEASTERLY 205.48 FEET AlONG THE ARC OF A REVERSE CURVE TO THe
LEFT HAVING A RADIUS OF 41U5 FEET THROUGH A CENTRAL ANGLE OF 28"03'1r AND
BEING SUBTENOED BY A CHORD WHICH BEARS N..oW18"E. FOR 203.43 FEET;
THENCE N.26"OT39"E., FOR 196.28 FEET TO A POINT OF CURVATURE;
THENCE NORTHEASTERLY 80.32 FEET ALONG THE ARC OF A TANGENTIAl. CURVE TO
THE RIGHT HAVING A RADIUS OF 230.91 FEET THROUGH A CENTRAL ANGLE OF
14'51'51" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.33"36'35"E. FOR 60 15
FEET;
THENCE N.41"05'30"E.. FOR 384.98 FEET
LINEOFTAMIAMITRAIL (USHWY.41 I'i E.
THENCE N.39"03'52"W., ALONG
THENCE S.41 "05'3O'W., FOR 42
THENCE SOUTHWESTERLY 1 .
THe LEFT HAVING A RADI F 4
AND BEING SUBTENDED B A
THENCE S.26"07'39"W., 1116 FE
THENCE SOUTHWESTE 90. FeET AL
THe RIGHT HAVING A IUS
28"03'17" AND BEING SU TEN
FEET TO A POINT OF RE RS
THENCE SOUTHWESTE Y 3
THE LEFT HAVING A
20"52'58" AND BEING SU
FEET;
THENCE S.33"17'59"W., F
THENCE SOUTHWESTERL
THE RIGHT HAVING A RADIU
38"05'01" AND BEING SUBTEN
FEET;
THENCE S.11 "22'59'W., FOR 139.
THENCE SOUTHWESTERLY 956.70 F
CURVE TO THE LEFT HAVING A RADIUS
OF llO"14'10" AND BEING SUBTENOED BY A C
913.25 FEET TO A POINT ON A CURVE;
THENCE SOUTHWESTERLY 448.84 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THe RIGHT HAVING A RADIUS OF 918.22 FEET THROUGH A CENTRAL ANGLE
<::>
~
..-
(",.,)
'-"
en
~
~
c::>
-..3
~
c::>
Page I ofl4
11:_36.00.02 -. liar' "'1, '4.... r-NlOD) r;......iot _. Appllnliot PlopICMel_ -'EaIrilliI A.tIoc
16B5
OF 27052"12" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.38"36'1O"W. FOR
442.25 FEET TO A POINT ON A CURVE:
THENCE SOUTHWESTERLY 692.84 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 1,288.53 FEET THROUGH A CENTRAL ANGLE
OF 26"21'08" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.21r48'56"W. FOR
587.43 FEET TO A POINT ON A CURVE;
THENCE SOUTHWESTERLY 395.72 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 1,052.79 FEET THROUGH A CENTRAL
ANGLE OF 21"32'10" AND BEING SUBTENOED BY A CHORD WHICH BEARS S.40"0S'54'W.
FOR 393.39 FEET TO A POINT ON A CURVE:
THENCE SOUTHWESTERLY 437.40 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 727.49 FEET THROUGH A CENTRAL ANGLE
OF 34026'5r AND BEING SUBTENDED BY A CHORD WHICH BEARS S.28031'06'W. FOR
430.84 FEET TO A POINT ON A CURVE;
THENCE SOUTHERLY 8960 FEET ALONG THE ARC OF A NON. TANGENTIAL CURVE TO
THE RIGHT HAVING A RADIUS OF 190.59 FEET THROUGH A CENTRAL ANGLE OF
26"58'130 AND 8EING SU8TENDEO BY A CHORD WHICH BEARS S.20"44'4S'W. FOR 88.78
FEET;
THENCE S.3S"58'19'W., FOR 187.58 FEET TO A POINT OF CURVATURE;
THENCE SOUTHWESTERlY 229.19 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 1,035.00 FEET THROUGH A CENTRAL ANGLE OF
12"41'18" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.29"37'41'W. FOR 228.73
FEET TO A POINT OF REVERSE CURVATURE;
THENCE SOUTHWESTERLY 157.28 FEET ALONG THE ARC OF A REVERSE CURVE TO
THE RIGHT HAVING A RADIUS OF 800.00 rEET THROUGH A CENTRAL ANGLE OF
11"15'52" AND BEING SUBTENOED BY A CHORD WHICH BEARS S.28"S4'S9'W. FOR 157.03
FEET TO A POINT OF REVERSE CURVATU
THENCE SOUlliWESTERL Y 404.55 FEET
THE LEFT HAVING A RADIUS OF 1,03
22"23'42" AND BEING SUBTENDED
FEET TO A POINT OF REVERSE
THENCE SOUTHERLY 98.99
RIGHT HAVING A RADIUS OF 3.
AND BEING SUBTENDED BACH
THENCE S.19"17'S7'W., FO 157. F
THENCE SOUTHWESTE 181 0 FEET AL
THE RIGHT HAVING A IUS E
13'00'48" AND 8EING S TEN A
FEET TO A POINT OF R ERS CU VAT E:
THENCE SOUTHWESTE Y 98 F ET
LEFT HAVING A RADIUS
BEING SU8TENOED BY A
POINT OF REVERSE CU
THENCE SOUTHWESTERl
THE RIGHT HAVING A RAeI
16"01'29" AND BEING SUBTE
FEET TO A POINT ON A CURV
THENCE SOUTHWESTER!. Y 59. F
TO THE LEFT HAVING A RADIUS D
25"28'47" AND BEING SUBTENDEO B
FEET TO A POINT ON A CURVE;
THENCE SOUTHWESTERL V 145.98 FEET ALON A NON.r ANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 125.51 FEET THROUGH A CENTRAL ANGLE
OF 66"3r49" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.580S3'26"W. FOR
137.87 FEET TO A POINT ON A CURVE:
C>
~
~
~
(JI
0'\
~
c;")
c::>
~
(.A.J
~
Page 2 ofl4
R:\ZlIlI5'41jOll)UlI-OZ _I 817' L:Iy ""In 00I0ft0lIlI) I!_..'" _ ^""""'I'rcp\C-' ...... ..-'I,_l\.doc:
16B5
THENCE SOUTHWESTERLY 201.87 FEET ALONG THE ARC OF A NON-TANGENTIAl
CURVE TO THE LEFT HAVING A RADIUS OF 121.58 FEET THROUGH A CeNTRAL ANGLE
OF 85"0a'04" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.47"23'33'W. FOR
179.48 FEET TO A POINT ON A CURVE;
THENCE SOUTHWESTERLY 164.08 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 90.47 FEET THROUGH A CENTRAL ANGLE
OF 103"54'40" AND BEING SUBTENOEO BY A CHORD WHICH BEARS 8.51 "0 1 '45'W. FOR
142.50 FEET TO A POINT OF REVERSE CURVATURE;
THENCE WESTERLY 144.17 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT
HAVING A RADIUS OF 157.00 FEET THROUGH A CENTRAL ANGLE OF 52"38'43" AND
BEING SUBTENDED BY A CHORD WHICH BEARS S.78"40'44'W. FOR 139.15 FEET;
THENCE S.I5O"22'23'W., FOR 179.83 FEET TO A POINT OF CURVATURE;
THENCE WESTERLY 82.81 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
RIGHT HAVING A RADIUS OF 93,00 FEET THROUGH A CENTRAL ANGLE OF 38034'20" AND
BEING SUBTENDED BY A CHORD WHICH BEARS S.69"39'33'W. FOR 61.43 FEET;
THENCE S.88~'43'W., FOR 14.45 FEET TO A POINT Of CURVATURe;
THENCE WESTERLY 33.011 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
RIGHT HAVING A RADIUS OF 104.50 FEET THROUGH A CENTRAL ANGLE OF 18"08'36"
AND BEING SUBTENDED BY A CHORD WHICH BEARS N.81058'58'W. FOR 32.95 FEET;
THENCE N.72054'41'W., FOR 63.21 FEeT TO A POINT OF CURVATURE;
THENCE WESTERLY 61.05 FEET ALONG THE ARC OF A TANGENTIAl CURVE TO THE
LEFT HAVING A RADIUS OF 157,00 FEET THROUGH A CENTRAl ANGLE OF 22"16'40" ANa
BEING SUBTENDED BY A CHORD WHICH BEARS N.84003'01'W. FOR 60.88 FEET;
THENCE S.84"48'39'W.. FOR 8.76 FEET;
THENCE S.85"14'31'W., FOR 44.15 FEET;
THENCE S.90"OO'OO'W.. FOR 51.65 FEET;
THENCE N.84017'43'W., FOR 37.33 FEET;
THENCE N.7so58'21'W., FOR 26.24 FEET C
THENCE NORTHWESTERLY 10.26 F
THE RIGHT HAVING A RADIUS OF HAC
AND BEING SUBTENDED BY A CH BEARS N.84"12'42"W.
THENCE N.52"27'03'W.. FOR. ;
THENCE N.58"1 1'1S'W., FOR 7.42 F, ET TINT ON A CURVE;
THENCE NORTI-M'ESTERL 12.58 E ONG
TO THE LEFT HAVING A IUS F. THR
14"23'60" AND BEING SUB BY ACHOR
FEET;
THENce N.70.43"22"W., F R
THENCE N.71 "22'38'W., 5
THENCE N.71 "34'38'W.,
THENCE WESTERLY 3.55
LEFT HAVING A RADIUS
BEING SUBTENOEO BY A
THENCE N.76"08'03'W.. F
THENCE WESTERLY 7.1 B
HAVING A RADIUS OF 46.00
SUBTENDED BY A CHORD WH
THENCE N.8Ilo14'17'W., FOR 111.1
THENCE WESTERLY 1.55 FEET AL
HAVING A RADIUS OF 45.00 FEET TH
SUBTENDEO BY A CHORD WHICH BEARS .
THENCE N.er12'54'W., FOR 27.52 FEET TO A POI RVATURE;
THENCE WESTERLY 2.19 FEET ALONG THE ARC OF A TANGENTIAL CURVe TO 1l1E LEFT
HAVING A RADIUS OF 45.00 FEET THROUGH A CENTRAl ANGLE OF 02047'06" AND BEING
SUBTENDED BY A CHORD WHICH BEARS N.88"30'27"W. FOR 2.19 FEET;
THENCE S.90"OO'OO'W.. FOR 20.98 FEET TO A POINT OF CURVATURE;
Page 3 of 14
c::>
~
~
c.....>
<..n
CJ"\
~
c;')
c::>
-.JI
c.....>
1'0..)
Jl;UOO,oOJlIOJ6.GO.GZ _ Boy .lely W.... c.n.JlOllC)) 1ia_1ioo _. ~ ...."":oool_ _"'Il"~lIl1 A.doc
1685
THENCe WESTERLY 15.38 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
LEFT HAVING A RADIUS OF 52.00 FEET THROUGH A CENTRAl ANGLE OF 1~56'43" AND
BEING SUBTENDED BY A CHORD WHICH BEARS 8.81"31 '3rW. FOR 15.32 FEET:
THENCE S.73"03'17"W.. FOR 92.92 FEET TO A POINT OF CURVATURE;
THENCE SOUTHWESTERlY 31.20 FEET Al..0NG THE ARC OF A TANGENTIAl.. CURVE TO
THE LEFT HAVING A RADIUS OF 52.00 FEET THROUGH A CENTRAL ANGLE OF 34"22'30"
AND BEING SUBTENDED BY A CHORD WHICH BEARS S.65"S2'02'W. FOR 30.73 FEET;
THENCE S.38"40'41"W.. FOR 22.43 FEET TO A POINT OF CURVATURE:
THENCE SOUTHWESTERlY 25.46 FEET ALONG THE ARC OF A TANGENTIAl.. CURVE TO
THE LEFT HAVING A RADIUS OF 52.00 FEET THROUGH A CENTRAl ANGLE OF 28"03'21"
AND BEING SUBTENDED BY A CHORD WHICH BEARS S.24"39'06'W. FOR 25.21 FEET;
THENCE S.10"37'26"W.. FOR 38.57 FEET TO A POINT ON A CURVE:
THENCE SOUTHERLY 34.49 FEET AlONG THE ARC OF A NON- TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 61.98 FEET THROuGH A CENTRAl.. ANGLE OF 31"53'37"
AI<<) BEING SUBTENDED BY A CHORD WHICH BEARS S.04"2S'39'W. FOR 34.05 FEET;
THENCE S.24"23'04"E., FOR 22.11 FEET TO A POINT OF CURVATURE;
THENCE SOUTHEASTERLY 21.22 FEET ALONG THE ARC OF A TANGENTIAl CURVE TO
THE LEFT HAVING A RADIUS OF 59.00 FEET THROUGH A CENTRAL ANGLE OF 20"36'32"
AND BEING SUSTENDED BY A CHORD WHICH BeARS S.34"41'20"E. FOR 21.11 FEET TO A
POINT ON A CURVE:
THENCE SOUTHEASTERLY 45,43 FEET AlONG THE ARC OF A NON- TANGENTIAl CURVE
TO THE LEFT HAVING A RADIUS OF 95.87 FEET THROUGH A CENTRAl ANGLE OF
27"09'06" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.8O"33'12"E. FOR 45.01
FEET;
THENCE S.88"32'41"E., FOR 40.37 FEET;
THEHCE S.49"12'42"E., FOR 16.54 FEET:
THEHCE S.33"42'53"E., FOR 11.91 FEET TO A
THENCE SOUTHEASTER!. Y 42.53 FEET
TO THE RIGHT HAVING A RADIUS OF .8
25"10'11" AND BEING SUBTENDED C
FEET:
THENCE S.20"33'39'W., FOR 1. F
THENCE S..0"25'37"W., FOR .4
THENCE SOUTHERLY 83. EET
lEFT HAVING A RADIUS 0 49.
BEING SUBTENDED BY A HO
THENCE S.56"sg'52"E., F 32.
THENCE S.69"13'OO"E., F 32 F ,
THENCE S.71 "38'38"E., F 14 F ET;
THENce S.72021'32"E., F 18 1 F ET;
THENCE S.63"<lJ'3Il"E., F F
THENCE H.87"44'37"E., F . 4 ,
THENCE N.73"58'304"E., F FEET;
THENCE N.62"38'46"E.. F FEET;
THENCE N.W2T25"E., FO eET:
THENCE N.72"22'27"E., FOR
THENCE N.87"02'43'E., FOR 1
THENCE S.B8"32'44"E., FOR 10. F
THENCE S.4so11'OO"E., FOR 104.
THENCE SOUTHEASTERLY 28.41 FE
THE LEFT HAVING A RADIUS OF 59.00 F T GLE OF 27'35'19"
AND BEING SUBTENOED BY A CHORD WHIC "E. FOR 28.14 FEET;
THENCE S.7'"46'18"E.. FOR 47.78 FEET TO A POINT OF CURVATURE.
THENCE EASTERlY 23.58 FEET AlONG THE ARC OF A TANGENTIAl.. 'CURVE TO THE
LEFT HAVING A RADIUS OF 59.00 FEET THROUGH A CENTRAL ANGlE OF 22"52'55" AND
BEING SUBTENOED BY A CHORD WHICH BEARS 8.87"12'47"1:. FOR 23.41 FEET:
Page 4 of! 4
o
~
..s::a
~
CJI
a-.
pog
~
c:::>
~
~
c....,)
R,~.ao.o.l_IlaJ'I..I,Ma"~1'GOIll EcoYllton _Applicalioo Pnlp'l'_I_...-.llilltIA_
1685
THENCE N.Sl"2O'45"E., FOR 74.27 FEET;
THENCe S.83"32'37"E., FOR 28.56 FEET;
THENCe $.32"07'59"E.. FOR 29.82 FEET;
THENCE 8.38"58'24"E.. FOR 19.66 FEET;
THENCE $.11 "23'34"E., FOR 30.83 FEET;
THENCE S.21"58'54"E., FOR 24.00 FEET;
THENCE U3"4S'47"E., FOR 25.23 FEET:
THENCE $.31"10'36"1., FOR 18.82 FEET;
THENCE 5.28"20'01"1.. FOR 16.86 FEET;
THENCE 5.27"02'OO"E., FOR 18.82 FEET;
THENCE 5.25"Orwe., FOR 37.08 FEET:
THENCE S.2cr22'47"E., FOR 42.72 FEET:
THENCE $.29"13'43"E., FOR 29.16 FEET:
THENCE 5.02"13'26"E.. FOR 22.37 FEET;
THENCE 5.02"....'31"1.. FOR 11.95 FEET;
THENCE S.no54'44"W.. FOR 8.5$ FEET TO A POINT ON A CURVE:
THENCE SOUTHERLY 25.98 FEET ALONG THE ARC OF A NON-TANGENTIAl CURVE TO
THE LEFT HAVING A RADIUS OF 59.00 FEET THROUGH A CENTRAL ANGLE OF 25"13'52"
AND BEING SUBTENDeD BY A CHORD WHICH BEARS 5.1S'58'01'W. FOR 25.77 FEET TO A
POINT ON A CURVE;
THENCE SOUTHWESTERLY 25.27 FEET AlONG THE ARC OF A NON.TANGENTIAL CURVE
TO THE LEFT HAVING A RADIUS OF 59.00 FEET THROUGH A CENTRAl ANGLE OF
24"32'22" AND BEING SUBTENOED BY A CHORD WHICH BEARS S.29"34'28'W. FOR 25.08
FEET;
THENCE $.17"1ll'17"W., FOR 8.56 FEET TO A POINT OF CURVATURE;
THENCE SOUTHERLY 23.90 FEET AlONG THE ARC OF A T ANGENTlAl CURVE TO THE
LEFT HAVING A RADIUS OF 59.00 FEET TH GlE OF 2301214'" AND
BEING SUBTENDEO BY A CHORD WHIC fit '5 m , .74 FEET;
THENCE S.27"l)9'48'W.. FOR 41.04 F .'y' ,-" A;'
THENCE S.03"16'55"1., FOR '1.42 . '! V '),.
THENCE S.17'S7'31'W., FOR 22. '"' J:-:..
THENCE S.20.....'25'W.. FOR 2 . TO A POINT OF CURVATURE; ,
THENCE SOUTHERLY 73.83 ET A NG THE ARC OF A TANGENTIAl. C
LEFT HAVING A RADIUS OF 9.00 THROUG l OLE OF "'9'5
BEING SUBTENOED BY A $.1&-25'3O"E. 67.04 FE
THENCE S.59"35'25"E.. F
THENCE S.ee"4O'56"E., F 20.
THENCE EABTEI'll Y 33.3 FE
LEFT HAVING A RADIUS F 52.
BEING 5UBTENDEO BY A ::Ijp
THENCE N.75"04'40"E., F Ff3~.
THENCE EASTERLY 8.43
HAVING A RADIUS OF 52.
SUBTENDED BY A CHORD
THENCE N.IS5"47"5"E...FOR
THENCE NORTHEASTERLY
THE LEFT HAVING A RADIUS 0
AND BEING SUBTENOEO BY A C
THENCE N.23"49'17"E., FOR 104.88 'o-f.:,
THENCE NORTHERLY 17.511 FEET AL. TJIE
LEFT HAVING A RADIUS OF 52.00 FEET T
BEING SUBTENDED BY A CHORD WHICH BEARS . . FOR 17.82 FEET;
THENCE N.04"05'20"E., FOR 87.78 FEET TO A POINT OF CURVATURE;
THENCE NORTHERLY 51.47 FEET AlONG THE ARC OF A TANGENTlAl CURVE TO THE
LEFT HAVING A RADIUS OF 52.00 FEET THROUGH A CENTRAl ANGLE OF 10"26'03" AND
BEING SU8TENDEO BY A CHORD WHICH BEARS N.01"Or41'W. FOR 9.48 FEET;
Page 5 of 14
C>
~
~
~
CJ"
en
~
~
~
-..:I
~
~
R~_.D2 51110I Illy. l.Ily MIlIl C-_ E_ ......~I IIppIicoIn PIwplC_,...... _."'11I' A....
16B5
THENCE N.08"2O'43"W.. FOR 81.45 FEET TO A POINT OF CURVATURE;
THENCE NORTHER\.. Y 26.55 FEET ALONG THE ARC OF A TANGENTIAl.. CURVE TO THE
RIGHT HAVING A RADIUS OF 93.00 FEET THROUGH A CENTRAL ANGLE OF 18"21'33" AND
BEING SlJBTENDED BY A CHORD WHICH BEARS N.01"50'04"E. FOR 26.46 FEET:
THENCE N.l0"00'51"E., FOR 92.38 FEET TO A POINT OF CURVATURE;
THENCE NORTHEASTERLY 43.32 FEET ALONG THE MC OF A TANGENTIAl. CURVE TO
THE RIGHT HAVING A RADIUS OF 93.00 FEET THROUGH A CENTRAl.. ANGLE OF 26'41'09"
AND BEING SUBTENDED BY A CHORD WHICH BEARS N.23"21'26"E. FOR 42.92 FEET;
THENCE N.38"41'59"E., FOR 139.49 FEET TO A POINT OF CURVATURE;
THENCE EASTERLY 120.08 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
RIGHT HAVING A RAOI\JS OF 93.00 FEET THROUGH A CENTRAL ANGLE OF 13'67'53" AND
BEING SUBTENOEO BY ACHOROWHICH BEARS N.13"4Q'SS"E. FOR 111.89 FEET TO A
POINT OF REVERSE ClJRVATURE;
THENCE NORTHEASTERLY 315.88 FEET ALONG THE ARC OF A REVERSE CURVE TO THE
LEFT HAVING A RADIUS OF 152.70 FEET THROUGH A CENTRAL ANGLE OF 118"31'21"
AND BEING SUBTENDED BY A CHORD WHICH BEARS N.51"24'11"E. FOR 282.49 FEET TO
A POINT ON A CURVE:
THENCE NORTHEASTERLY 378.52 FEET Al..0NG THE ARC OF ^ NON-TANGENTIAl..
CURVE TO THE RIGHT HAVING A RADIUS OF 219.05 FEET THROUGH A CENTRAl ANGLE
OF 98'28W AND BEING SUSTENOEO BY A CHORD WHICH BEARS N.43"58'43"E. FOR
331.15 FEET TO A POINT ON A CURVE;
THENCE NORTHEASTERLY 273.75 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 187.80 FEET THROUGH A CENTRAL ANGLE
OF 93"35'03" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.37"26'12"E. FOR
244.32 FEET TO ^ POINT ON A CURVE;
THENCE NORTHEASTERLY 17.28 FEET AlONG THE ARC OF A NON-TANGENTIAL CURVE
TO THE RIGHT HAVING ^ RADIUS OF 140.99 F ANGLE OF
31'24'14" AND BEING SUBTENDED BY A '37"E. FOR 78.31
FEET TO ^ POINT ON A CURVE;
THENCE NORTHEASTERLY 170.
CURVE TO THE LEFT HAVING A
OF 09"27'46" AND BEING SUST.
170.74 FEET TO A POINT OF EVE
THENCE NORTHEASTERLY 9.81
RIGHT HAVING A RADIUS 566 F
AND BEING SUBTENDED A ORD WHICH
POINT OF REVERSE CU ATU
THENCE NORTHEASTE Y 23. F
LEFT HAVING A RADIUS I, FEET H
AND BEING SUBTENDED Y W H
THENCE N.19'17'57"E., I' 1
THENCE NORTHERLY 12
LEFT HAVING A RADIUS ,~,
AND BEING SUBTENDED B ~
A POINT OF REVERSE CU
THENCE NORTHEASTERLY 3
RIGHT HAVING A RADIUS OF
AND BEING SUBTENOED BY A C 0
A POINT OF REVERSE CURVATUR ,
THENCE NORTHEASTERLY 203.48 FE
LEfT HAVING A RADIUS OF 1,035.00 FEET
AND BEING SUBTENOEO BY ^ CHORD WHICH B
A POINT OF REVERSE CURVATURE;
THENCE NORTHEASTERlY 177.15 FEET ALONG THE ARC OF A REVERSE CURVE TO THE
RIGHT HAVING A RADIUS OF 800.00 FEET THROUGH A CENTRAl ANGLE OF 12"41"8"
AND BEING SU8TENDED BY A CHORD WHICH BEARS N.29"37'41"E. FOR 176.79 FEET;
Page 6 of 14
c::>
~
~
~
~
c:::r'\
""d
Cil
c:::>
-...1
~
~
R:_,...3I\.Co.ol SolIollloy. Lct,_C_3 EllCOYIliGoIl'crmiI ~_I'lqK'_I...... _1E1lIIilIi. ^.doc
16 B 5 '..~."
THENCe N.3S"58'1ll"E., FOR 187.56 FEET TO A POINT ON A CURVE;
THENCe NORTHERI.. V 196.69 FEET AlONG THE ARC OF A NON-TANGENTIAl CURVE TO
THE LEFT HAVING A RADIUS OF 424.74 FEET THROUGH A CENTRAL ANGLE OF 28"32'00"
AND BEING SUBTENDED BY A CHORD WHICH BEARS N.21"S1'32"E. FOR 194.94 FEET TO
A POINT ON A CURVE;
THENCE NORTHEASTERLY 281.25 FEET ALONG THE ARC OF A NON- TANGENTIAl
CURVE TO THE RIGHT HAVING A RADIUS OF 492.49 FEET THROUGH A CENTRAL ANGlE
OF 32"43'15- AND BEING SUBTENDED BY A CHORO WHICH BEARS N.28"20'20"E. FOR
277.45 FEET TO A POINT ON A CURVE;
THENCE NORTHEASTERLY 503,03 FEET ALONG THE ARC OF A NON- TANGENTIAl
CURVE TO THE LEFT HAVING A RADIUS OF 1.287.79 FEET THROUGH A CENTRAL ANGLE
OF 2T22'SO" AND BEING SUBTENOED BY A CHORD WHICH BEARS N.39"08'23"E. FOR
499.84 FEET TO A POINT ON A CURVE;
THENCE NORTHEASTERLY 490,5& FEET AlONG THE ARC OF A NON- TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 1.053.53 FEET THROUGH A CENTRAL
ANGLE OF 26"40'45" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.2r35'S6"E.
FOR 488.14 FEI:T TO A POINT ON A CURVE;
THENCE NORTHEASTER!. Y 570.88 FeET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 1,142.43 FEET THROUGH A CENTRAl ANGLE
OF 28"38'12" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.37"05'39"E. FOR
565.07 FEET TO A POINT ON A CURVE;
THENCE NORTHEASTERLY 731.18 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 875,00 FEET THROUGH A CENTRAL ANGLE
OF 82"03'53" AND BEING SUBTeNDED BY A CHORD WHICH BEARS N.40"24'59"E. FOR
895.98 FEET;
THENCE N. 71 "22'59"E., FOR 30.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL
DESCRIBED HEREIN.
C>
~
BEARINGS ARE BASED ON TH
SECTION 19. TOWNSHIP 50
OF N.88.23'18"E.
PREPARED BY:
RWA INC.
FLORIDA CERTIFICATE
--'~'- ,.
~~_-S::.
DENNIS A. MILLER
PROFESSIONAl. SURVE
FLORIDA CERTIFICATE N
~
c.....,)
c..n
c::n
~
Cl
c::>
~
c.....,)
c::n
PalO 7 of 14
II_JOO_.Il2_llIoy.L..,._(._E",__^",-~"__IE''''''A.'''''
1685
THIS IS NOT A SURVEY
SEE !lHa:T II
UA1t:H A
~
!)
UN[ TABLE
LINE BEAAING LENGTH
l1 H7 . , 108.33'
l2 1117.57'
La 17 167.67'
LlI 138.33'
l85 7 '22' 30.00'
o '/5 150
.
GIW'HIC SCAlE
'-.150"
o
~
~
~
CJ'I
c:r.
I-CI
~
c::::>>
-.;J
~
-.;J
CURVE TABLE
CURVE I.EHGTH RADIUS DELTA CHORD CHORD BRC.
C1 531.7S' 800.00' , 1" 522.01 .
C8 .375.55' 565.00' , 1. 368.67' W
CII 11511.70' 910.00' '1 813.25' 4 " '4 W
C74 731.18' 675.00' 112' 595.96' H4 4'
Rl~lA:~
~....:=..
....
COLLIER LAND DEVELOPMENT, INC.
TITLE: LEL Y CANAL
SKETCH OF DESCRIPTION
0::. ':' ~ :::=:'050006.00,02 :. 8 fJ' 14 :c_., 0003 DC SIC
CLENT,
1685
THIS IS NOT A SURVEY
CUlM TABlE
CURVE LENGTH IW)IUS DELTA CHORD CHORD BRO.
C2 291.58' 800.00' 289.97' N4
C3 20$.48' 419.116' 203.43' 09' IS'
C4 80.32' 230.97' 14'57'5 . 80,15' H 6'
C5 \21.70' 485.97' If '5. \2\.35'
C6 90.41' 184.116' 89.51' w
C7 317.23' \035.00' 375,14'
c::>
~
" E
~
f Lo.>
~
en
~
0 7S ,~ ~
GRAPHIC SCAlE
r- 150' e::>
-.J
Lo.>
00
UN[ TABLE
UNE BEARING LENGTH
L3 196.28'
L4 , 3&U8'
L5 N 'S W 238.51'
L6 . W 425,75'
L7 7''1' 196.28'
D\lTAIIC~.rn
J.O~Sfifi'i. ~"'~i.
lii!t
CUENT:
COLLIER LAND DEVELOPMENT, INC.
Tm.E: lEL Y CANAL
SKETCH OF DESCRIPTION
o;r: :;' ':" =~050036.00.02 ~ 9 Of 14 :::...,., 0003 EX SIC
1685
THIS IS NOT A SURVEY
LEHGTH
441.64'
H2.84'
3",72'
503.03'
490.58'
570.ft'
CUlM: TABLE
IW*JS DELTA
818.22'
1288.53'
1052.79' '10"
1287.79'
1053.53' '45"
1142.43' , l'
SEE SHEET 8
MATCH LH: 8
CURYE
C10
Cll
el2
C71
e72
C73
CHORD
442.25'
1187.43'
383.38'
4ft.84'
486.14'
565.07'
, .
c:>
VI ::-::J
~
~
~
0 c:r.
~
~
c:::>
~
~
~
,"'--
ForI=:_
- -
,~ ..
COLLIER LAND DEVELOPMENT, INC.
LEL Y CANAL
SKETCH OF DESCRIPTION
': '; ';': =~050036.00,02 :.. 1 0 or 14 ::'110I: OOOJ EX SIC
n\lTA lNC.~
~.(Sfl.y~NCJ.. ~a~...
WEHT:
nTlE:
1685
THIS IS NOT A SURVEY
CURVE TABLE
CURVE LENGTH RAOIUS oc.TA CHORD CHORD BRG.
CI3 4oJ7.4O" 727.49' 430.84' l' w
CI. 119.lIO' 190.58' 6" '1 88.78' S 4"4.W
C1S 22i.19' 1036.00' 1 4 ' 228.73' '41.W
Cl. 157.28' 800.00' '1 157.03' W
e17 404.M' l0J5.oo' .. 40' .518' I' W
cee 312.119' 800.00' '4 310.71' I' 0
C.7 203.48' 10~.oo' 203.10'
cee 177.15' 800.00' 4 '1 1711.79'
CII9 198.70' 42....74. 184.84'
C70 281.25' 482.411' 27.45'
UNE TABLE
UNE BrARING LENCmi
Ll0 W 187.58'
184 '1 187.58'
..,
u
C)
~
~
~
~
0'\
~
Cil
c:>
~
~
c:>
WATCH LINE 0
SEE SHaI' 12
Rl~A~....
-,
7 :I 06
""",
I. -HIO'
...
CUDIT:
COLLIER LAND DEVELOPMENT, INC.
1Jl'I.E: lEL Y CANAL
SKETCH OF DESCRIPTION
---
'=~
..
',';. ':' ': ::"0:050036.00,02 =..11 III 14 ::..., 0003 EX $I(
CURYE
Cl8
C19
C20
C2l
C22
C23
C24
cm
C26
C57
C58
~
ceo
C8l
ce2
ceJ
C64
C6S
WIG'IH
98.1"
181.70'
98.84'
223.75'
59.07'
I 45.lt8'
201. 7'
164.08'
144.17'
120.01'
315.88'
376.52'
273.75'
n.3'
170.'4'
68.81'
235.07'
13.29'
CUlM t
RADIUS DElTA
7V.J.72' , "
800.00' '4
800.00'
800.00' 111'01'
132.84'
125.51'
121.58'
eo.47'
157.00'
93.00'
152.70'
219.05'
157.80'
140.99'
1035.00'
565.00'
1035.00'
1028.72' , 4"
p;
7S
I!IO
THIS IS NOT A SURVEY
1685
SEE SHtET 11
MA1CH tJlE D
D
o
on
'"
(J
CHORD BRG.
HI' , W
, I"W
-
.j
~
W
4 2' W
1"" W
7 .w
UHE 0
LII
W ::::a
o.I::la
~
<..n
0'\
~
~
..
C=>
-..::I
~
~
o
GRAPHIC SCAU
r" 150'
R1~lt\~
,.~
?:lt~..
CLafI':
COLLIER LAND DEVELOPMENT, INC.
tIlU: LEL Y CANAL
SKETCH OF DESCRIPTION
':":' :;. ': :C~05OOJ6.00,02 ::'~R' 12 or 14 ~R: ooo;s EX Sl<
16B5 1'""
THIS IS NOT A SURVEY
la
i~
"'~
c::>
~
~
~
~
~
~
Q
."
c:::::>
~
~
I'.>
E
o 7S 1110
. .
GRAPHIC SCALE
,".,,,"
SEE SHEET 14 FOR
LINE AND CURVE TABLES
D\lTAINC=.-
ftSf~~Ni ~~a:~.~'&
liiit
COLLIER LAND DEVELOPMENT, INC.
LEL Y CANAL
SKETCH OF DESCRIPTION
'.': ;0 ':' ::::8;050036.00.02 :.. 13 or 14 ~R' 0003 EX SIC
WEHr;
mu::
UN!:
L12
LI3
LI4
LIS
L16
L17
U8
Lit
L20
L21
L22
L23
L24
US
L26
U7
US
L30
LJl
LJ2
LJJ
LJ4
L35
LJ6
LJ7
LJ8
LJ9
L40
L41
L42
L43
L44
L45
L46
L47
LIME TABLE
BEARING
-""","OM''',"",
~'43"W
-N7'7~'41.W
Cii4.....' rill
"'.D'..,.. "III
.......17.4 W
N7""".' ....-
~"?7' W
H-'" W
N71'''''' W
~ .w
~ .w
~14'17"
s.,...n"I7"
~6"w
~4' , .
'3UI' '4.
~ '4
~w
C~Q' 1 .
~I' ,
-nfl'
....:5':.. .
-T....31"
~
.....,. "".&It'
NS~7">!;"
CURVE
027
C2S
C21
C30
<:31
C32
033
C34
C35
C36
C37
CJa
C39
C40
C41
C42
C43
044
C45
C48
C47
048
C49
C50
051
C52
C53
054
C55
0!Wl
LENCTH
62.6\'
33.09'
61.05'
10.2ll'
12.!Wl'
3.55'
7.\8'
1.SS'
2.19'
15,38'
31.20'
25.48'
34.48'
21.22'
45.43'
42.53'
83.32'
28,41'
23.56'
25.18'
25.27'
23.90'
73.83'
J,).32'
8.43'
38.09'
17.Sl1'
t.47'
26.55'
"3.32'
D'ITA~t:::L.
~~~~i ~.~';A:'~:.
-~
~.....
. ~liiiliiii.
1685
#,J
/ ~
THIS IS NOT A SURVEY
LINE TABLE
LENGTH I.N: BWIHG LENGTH
17t.83' L48 . 11.111'
14,45' L". ~,'. 14.38'
63.21' L50..aa:m 10.54'
8.76' 1.51 cuwl ,." '04.SO'
"".15' 1.52 C.,"......, "7.78'
51.ll:l' 1.53 ...".......5" 74.27'
37.33' L54 c......... .~ 28.55'
26.24' ~ ~ d' 211.62'
53.90' L56.JaB: II 19.68'
47.42' L57.:1 ...... 4. 30.83'
56.31' L58 ~,....." 24.00'
52.51' L5lI U...,w4 25.23'
33.10' LSO ~ 18.82'
2.llO" L81 i2AJQ:Ol" 111.86'
19.11' L62 7'0 ' 16.82'
27.52' LB3 '0 '5 37.09'
20.118' L84 ' 42.72'
112.92' L65 29.16'
22.43' LaB 22.37'
38.57' L87 ." I U5'
22.11' L68 ~'"w 6.59'
40.37' L69 Tl '1 W 8.511'
16.54' L70 Tnt' W 41.04'
11.111' L71 . "."2'
lS.97' L72 1'0' I"W 22.83'
18.42' ~ ........ 24.6S'
32.84' ____ _ 17.46'
32.43'.{ . ~ 20.70'
14.BI ,\. . ~..... 33.64'
flI:'61' ........... L77 ~'"K"~.. M.1S'
~II L78 4"" .~
25~ L79 E' 87.711'
22. 4'.W '\81.45\
20(12' -"" L81 ,or;:- -12.38"
Z.31' '-L821"' ..,.......~ fiC.49'
,~~~,~ '?'
. u rT IJ ~
ont: ~ DliIRn Re.
"'iIl' 01.4Jll ~
1 . 32:'1!ft...!ilDD!
I -,.. ...... =.
..\ 7:1'~1' 10.lll' .'
. 14'7:1' 12.53' ,'''7'
4 ,~ I'\. 4'_".,-", 3.55'
~. i'T ..............'4. 7. t7'
4$.00' ll'llll']7' 1.55'
45.00' ~ ~
52 00' ~ df'......-. W
$2:00' . H. --<<5'''''''0 W
$2.00' ," ~......
fUS' 34.05'
511.00' 21.ll'~I'
;5.87' . 45.01' """'".
96.81' 1 ,. 42. Ill'
411.00' . 73.114'
58.00' T 'I 26.14'
58.00' , 23.41'
59.00' 25. n'
59.00' 4" 25.08'
58.00' 1 '4 " 23.74'
49.00' I'!\ 67.04'
52.00' 4 "-' 32.75'
52.00' 17' .." 8.42'
52.00' I' 7' iJIt' 37.24'
52.00' 1 43' 7" 17.82'
52.00' 11J''2&' L"\" 9.411'
93.00' 16"'21' ,"!/, 211.46'
93.00' '26"41' rr 42.92'
<:::)
:x:t
~
c..r.>
(.11
en
~
Q
f-
~J
rl
c:::>
-..:I
~
c..r.>
W
~7'
sli"l- 'J
7' '4
18' .W
W
'4 '
N70' '57"
1oI.u' '1
Nl 'I
NOl'07'4 W
N01'M'n ~~
CLIENT:
COLLIER LAND DEVELOPMENT, INC.
LEL Y CANAL
SKETCH OF DESCRIPTION
~ ': ;. :::~W050036.00.02 ~ 14 or , 4 ~II: 0003 EX SK
l1TlE:
ExhIbit 2
February S. 2004
Patric1c L. Utter
Collier Enterprises
3003 Tamiami Trail North
Naples. FL 34103
SUBJECT: Market Value Appraisal
Lely Canal
SW Quadrant ofTamiami Trl & Thomasson Dr
Naples, Collier County, FL 34113
Integra Southwest Florida File No. 152-2003-0383
Dear Mr. Utter:
Integra Realty Resources - Sou
complete appraisal of the refi
opinion of the tetrospectiv
November 9, 1986 and Oc ber ,
mit the summary report of a
. s appraisal is to develop an
te of the property as of
e a msal.
This report is intended t
report set forth under
A.ppraisal Practice (US.
reasoning. and analyses
concerning the data, reaso
contained in this report is
appraisal as noted herein.
fi r a summary appraisal
St ds of Professional
. scussions of the data,
rting documentation
The depth of discussion
the intended use of the
nly
I pr ces .
in 0 .
e
~
.,~\-
~11 a vacant, unimproved tract of land
containing an area of 1.605.45 acres, zone or Cultural uses. It is presently known as the
CDC PUDIDRI. and is located at the southwest quadrant of Tamiami Trail (US 41) and
Thomasson Drive. The specific parcels that are subject to this appraisal are 14.2 acres of
upland, 18.6 acres (15.5 acres of wetland and 3.1 acres of upland), and 13.9 upland acres of
the Le1y Canal; 9.68 upland acres, and 2.52 upland acres of the Lely Manor Canal; 3.5
upland acres of the Avalon School Outfall; and 1.0 upland acre of the Fern Street Relief
System. These parcels collectively total 63.4 acres, of which 15.S acres are wetland.
16B5
o
:::ll:J
~
~
~
en
--cII
Cl
c::::>
--.J
~
~
16851"'
Based on the analyses and conclusions in the accompanying report, and subject to the
definitions, assumptions, and limiting conditions expressed herein, it is our opinion that the
retrospective market values of the Fce Simple estate of the various properties was:
Lely Canal As Of November 9, 1986
14.3 Acres ofUpJand
18.6 Acres
3.1 Acres of Upland
15.5 Acres of Wetland
LeI)' Manor Canal As Of November 9, 1986
2.52 Acres of Upland
..RC
Avalon School Outfa
3.5 Acre
~.
$286,000
$62,000
520,150
S50,400
$70,000
C>
~
SZO,OOO
~
(..A>
~
0'\
~
C'l
$556,000
$387,z00
c:::::>
-.3
~
~
1685
['
..01
The preceding value conclusion is subject to the following Extraordinary Assumptions and
Hypothetical Conditions:
1. We were not furnished a land survey for the areas subject to this appraisal, but were
provided land area estimates by the client It is assumed that the land area estimates
are accurate. Integra Realty Resources - Southwest Florida reserves the right to
change our value conclusion, if wmanted, upon receipt of any infonnation that could
affect the value conclusion.
2. Values are based on two separate effective dates of appraisal: November 9>> 1986, and
October 23, 2002. Tbe conclusion of value is based on an analysis as if the subject
parcels are zoned agricultural>> regardless of the current CDC PUD/DRI zoning
designation. These instructions are per the "Companion Agreemcnttl between Collier
Development Corp. and the Board of Commissioners of Collier County, a copy of
which is contained in the addend . .R C
1E Ou
If you have any questions or" . ease con ~
opportunity to be of service. 0
c:::>
:::a
Respectfully submitted>>
INTEGRA REALlY REso
~
(,A>
c..n
0"\
~
~
c::>
-...:a
~
0"\
Exhibit 3
July 26, 2007
Ms. Valerie Pike
Assistant Project Director
Collier Enterprises
3003 North Tamiami Trail
Naples, FL 34103
SUBJECT: Market Value Appraisal
Sabal Bay - Easement Valuation
Tamiami Trail East
Naples, Collier CountY.
Client Reference N
Integra Southwest I .
Dear Ms. Pike:
Integra Realty Resources - S
report and referenced by our
addendum is to develop an 0 \.:
project. The client for the assi
valuation purposes.
The appraisal is intended to confonn with the Uniform Standards of Professional Appraisal
Practice (USP AP), the Code of Professional Ethics and Standards of Professional Appraisal
Practice of the Appraisal Institute.
Reference is made to the previously mentioned appraisal report, a copy of which may be found
attached.
16 B 5.'
C)
::0
.,::a.
c....>
'-TI
0"\
--clI
~
c::>
-.:I
.,::a.
-.:I
Ms. Valerie Pike
Page 2
Based on the analyses and conclusions in the attached report, and subject to the definitions,
assumptions. and limiting conditions expressed therein. it is our opinion that the retrospective
market values of the Fee Simple estate of the various properties was:
$286,000
$62,000
520,150
Avalon School Outra
3.S Acres f
570,000
.~
.:::J
~O
V
eet the value of the entire
with and without the deeded
easements provides a means of quanti; i"'P e easement. The bundle of rights
is severable; its four major rights are possession. control. quiet enjoyment, and disposition.
Depending on the definition of property rights to be acquired and its intended use, one or all
of the rights may be affected. In the case of a fee-simple acquisition. none (or 0%) of the
bundle of property rights are retained by the current owner (servient estate). and the
ownership of 100% ofthe property rights transfers to the new owner.
Relative to a less-than fee simple acquisition. that is, for a situation involving less-than 100%
property rights being transferred. as in the case of the "Proposed Easement(s)tt it is necessary
for the appraisers to quantify the property rights. An approach to measuring the impact of an
easement is to look at the impact on the surface rights, subsurface rights, and air rights.
02007 BY INTEGRA REAL TV RESOURCES
16B5
C)
:::a
~
~
~
en
""'d
~
<;:)
~
.,::.
CD
Ms. Valene Pike
Page 3
,
In general terms, appraisal experts have traditionally allocated the easement rights between
these three areas as:
. Surface Rights:
. Subsurface Rights:
. Air Rights:
50%
25%
25%
02007 BY INTEGRA REAl. TY RESOURCES
16 B 5 fM
C)
::::IIl:I
.p..
~
c..n
en
~
~
c:::>>
-.:I
.p..
Y:)
Ms. Valerie Pike
Page 4
We determined the market value of the fee simple for these parcels based on $20.000 per upland
acre and S I .300 per wetland acre. Therefore the value of the easement areas would be based on
$18,000 per upland acre (S20,Ooo X .90) and SI,I70 per wetland acre ($1,300 X 90%). This
results in the following value conclusion for the conveyance areas (only those areas addressed in
the attached appraisal report).
Lely Canal As Of November 9,1986
14.3 Acres of Upland
18.6 Acres
3. I Acres of Upland
15.5 Acres of Wetland
Lely Canal As Of
13.9 Ac s of
If you have any questions
opportunity to be ofservice.
<:::.
Julian Stokes, MAl, CRE, CCIM
Stale Certified General REA # 490
$257,400
$55,800
$18,135
$63,000
. Thank you for the
C 2007 BY INTEGRA REALlY ReSOURCES
1685
c::>
~
~
c.....,)
(J'I
~
~
~
c:>
~
(J'I
c:>
N
w+.
s
i
z:
~
~
II<
....
g;
0:
ll.
exhibit 4
.~...
~a
: i~
!
..1
~ ;.
~
~ t~
~ i~
I
~
~ 0
i ii
~
I
i
16B5
<:)
:;:.c:J
~
~
c...n
~
~
~
c:::>
-.JI
c...n
........
~
-
;:;
Vl
W
Vl ~....
ii: 8~
Pi :t:t
w UX
.... VlW
Z
W z::l
Q: g~
W <....
::, ;:"::l
a <0
u
--
-
.
01
~
.....
. I
liltl
I )",
J t gflll
__J I J
,( -I
~ lJli
;d
~
~t
~
!
N
J . I
II I i
~ ! u
1685
i.... .
i.
~
U 'II
~ I
~ i-
I 0
~ .,a
: il
m
6~ I
i I
.+, ~;1
s
~
I
o
III
~
Ill:
\oJ
CL
o
Ill:
CL
Vl
W
!!:! I-
0:: 0::-
a.. O~ 0
0:: ZI: ~
W <x
~ ::tW - .
LLJ >-i. ~
0:: ..JZ (.A,)
LLJ W<
::. ..JU c..n
..J 0"\
0
U ~
C1
- -
lo.I S .. c::>
Cl ~ ~ -...3
c
z c..n
~ ~
Cl 4
z
~
x I I
w
in
.., 11(11
~ )h ,
~ iflll
01)
N I I
~
w I
i :2
~
U w ,di
~ ~ w
Z ~
~ 31 ~
~ 0 ~
in
.., ~
I
~8.<
\
1685
*
*
*
C>
:=:t:'
0.1:=0
~
(J'I
0-.
..g
Cl
~
-....J
c..n
c...:>
*
*
*
1685
lOG
AMENDMENT TO THE OCTOBER 14,2003 COMPANION AGREEMENT
REGARDING THE LELY AREA SURFACE WATER DRAINAGE
IMPROVEMENTS
THIS AMENDMENT TO COMPANION AGREEMENT (the "Amendment") is made
and entered into this 27th day of March, 2007 t by and between Collier Land Developmentt Incot a
"..
Florida corporation (hereinafter referred to as "Developer"), and CDC Land Investmentst Inc., a
Florida corporation formerly known as Collier Development Corporation, a Florida corporation
may be jointly referred to as "CD
()
Collier County, Florida, as th go e
"County").
Area Surface Water Drainage
Improvements on October 14, 2003 (the "Companion Agreement"), wherein CDClDeveloper
agreed to provide in part certain surface water management improvements in accordance with the
tenns.~and conditions of PUD Ordinance 86-77, which was approved by Collier County on
--........
November 10, 1986; and
WHEREAS, CDClDeveloper is undertaking its obligations in a timely fashion under the
Companion Agreement and is poised to proceed with its further obligations thereunder; and
WHEREAS, both parties desire to fully clarify and resolve various issues concerning
their respective rights, expectations and duties under the Companion Agreement; and
Page 1 of 5
,
,".If
il ~~
~..~;~
... .... n "'"
Ha......
.... -~
"" f;:I
CD ,. .. ..
_0
- ... ....
or. ... 0
....
g....
=
~
=-
-~
;1
...
.....
g
""
caC
_n
-0
~~
--
..... ClI
g-~
.... "" c::>
... r9" c:::>
r9"~~
~ 0 <:r"t
.. ... ~
..... ... --.J
i5 c>
~.....~
.....,.., ..
gB~
~=~
l:II 0 ....-
=- .... ex>
o
nn
!'4~~
n::::~
C = ..
..
_ n ....-
g~
:!U"1
- ....-
...
.....
SC
_n
....
- ...
.....-
-
-
--
..... ....
... ..,.
... ca
1685
10
WHEREAS, numbered paragraph 13 of the Companion Agreement allows for the
amendment or modification of that agreement upon the mutual written consent of the parties or
their successors interest; and
WHEREAS, upon recommendation by the Transportation Administrator and after
reasoned consideration by the Board of Commissioners, the Board finds that this Amendment
enhances the County's stonnwater management system and is in the public interest.
WIT N E SSE T H:
1 fo th s Amendment, the parties
[-;
S
(;0
f the Com eement is amended as follows:
liE CIRC .
WHEREAS, the County and CDC c owledge and agree that the valuatIOn
of the eligible anticipated construction to the County's Lely Project stonnwater drainage
improvements will be based upon professional opinions of the total project's estimated probable
costs certified by a professional engineer, which valuation CDC/Developer shall provide to
County prior to the commencement of construction as set forth in Paragraph 4 below. valuatieR
fer the CeWlty' s baElgetary p1:1J199ses HUlst be provided to the COwHy RO later than Marek 31 sl-ef
the ealeRGar year prier to the year that CDC/Develeper breaks groHfld URGer ParagI'llflk 4 helew
and CDClDeveleper shall up Elate the pFeaable Gosts estim.ate aaet pFevide it te the COWl!)' pRer to
eemmeaeemeat ef eOHstnIetieR; and
c::>
~
contained above and herein,
~
~
..-...a
00
~
~
..-...a
..-:=.
c..n
~
2. Page nine (9), paragraph (7)(B) of the Companion Agreement is amended as follows:
Page 2 of5
, .
16 B 5 f~;:l
10 G
. .
B. CDC/Developer will dedicate land needed for the drainage improvements, and shall
construct, the Avalon School outfall canal and Fem Street Relief System as geographically; and
approximately depicted in Exhibit D, attached hereto and incorporated herein, upon the
commencement of construction of the Sabal Bay Development. As to the Fern Street
Relief System, CDC Developer agrees to maintain the current positive outfall already in
existence which adequately conveys stormwater flow from Fern Street.
3. Page eight (8), paragraph five (5) of the Companion Agreement is amended to add
paragraph 5(K), as follows:
K. Upon performance of the Companion Agreement and as otherwise provided
herein, County agrees to reimburse CDClDeveloper for the conveyances of land in fee
simple in accordance with the summ ~Rt @; I property appraisal from Integra
Reality Resources dated Febru ~. 04, attache as Exhibit "E." As to the
construction, the County
agrees to the proportionate onsulting, Inc. provided
to the County on January 1
". The County further
c::>
:x:-
ECl~
force and effect. This Amendment shall only be amended or cancelled by mutual written consent
~
~
t---&
ex:>
~
~
of the parties hereto or by their successors in interest.
t---&
~
c..n
<..o..1l
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
Page 3 of5
() ~e foreg. oing instrument ~~ acknowledg~d b~re me this .~~ day of March, 2007, by
~ L. \J ~ , as ~oe Pa.e~tielJ " of Collier Land Development, Inc.
He is [~] personally known to me, or [ ] has produced driver's license no.
as identificati~ / 71- ~ ---,..,
~B~
(SEAL) Name: L",,,,^ (Y\ ~~fY\'~
(Type or Print)
My Commission Expires: 2/ 'f 10 q
.'
. .
Attest: ~.'..::) C,:; _
DWIGI:l:T jt~. BRQCf(;~lerk
'" .." .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY:~~
lame oletta, Chairman
By: ~-, ..
Attest ai-~.a.at -,. "
signature oiA'.!it ;:..,~:: s\:.o:.
STATE OF FLORIDA
COUNTY OF COLLIER
G) LvtflI M.1.AFBIIM
. MYCOMMlSSlON.DD381519
. EXPIRES: FebnIIIy 4, 200J
1IaNIIcl1llv NaIIlyNllC~
Page 4 of5
1685
10 iJ
c::>
~
~
~
.......
00
~
~
.......
~
c..n
~
. .
16B51~'
10 G
WITNESSES:
CDC LAND INVESTMENTS, INC.
(SEAL)
c::>
::a
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrum nt
E \... eA-t-l 042.. W. T A-'f-I ,
is 00 personally known to me .
as identification.
LYNN II. LAfBINA
MY COAIISSION, DO 381519
EXPIRES: Ftbn8y 4, 2llO9
IlarIlIIlITIIIu-.yFUllc~
€I
(Type or Print) I 1
My Commission Expires: ;71'-//0'1
~
~
.......
ex>
"'"0
c::;":lt
.......
~
c..TI
c..TI
Page 5 of5
Exhibit "E"
~1-e. I ~~ 4-
COMPLETE APPRAISAL IN A
SUMMARY REpORT
VACANlLAND
Lely Canal
SW Quadrant of J amiami J rl & Thomasson Dr
Naples, Collier County, FL 34113
PREPARED FOR:
Patrick L. Utter
Collier Enterprises
3003 Tamiami Trail North
Naples. FL 34103
EFFECTIVE DATE OF THE APPRAISAL:
November 9, 1986 & October 23, 2002
.RC
s . SoUTHWEST FLORIDA
;;
C 2003 BY INTeGRA REALTY RESOURCES
J.bJ:j~ f
lOG
~
~
~
~
t--&
QO
~
~
t--&
~
c...n
~
1685
lOG
fit'r 2" t: 4
February 5, 2004
Patrick LUtter
Collier Enterprises
3003 1 amiami I rail North
Naples, F L 34103
SUBJECT: Market Value Appraisal
Lcly Canal
SW Quadrant ofTamiami Trl & Thomasson Dr
Naples, Collier County, FL 34113
Integra Southwest Florida File No 152.2003-0383
Dear MI. Utter:
Integra Realty Resowces - So
complete appraisal of the re
opinion of the letrOspecti rn ~
November 9, 1986 and Oc obe 23,
lhis report is intended t
report set forth under S
AppraiJal Ptactice (USP.
reasoning, and analyses
concerning the data, reason
n for a summary appraisal
.,. rdJ oj Profe.sJional
ions of the data,
rting documentation
e depth of discussion
the intended use of the
o
~
~
~
......
ex>
~
Cl
......
,~
~
-...:I
1685
10 G
fqP. 3 0.(:. 4-
Based on the analyses and conclusions in the accompanying report, and subject to the
definitions, assumptions, and limiting conditions expressed herein, it is our opinion that the
retrospective market values of the Fee Simple estate of the various properties was:
Lely Canal As Of November 9, 1986
143 Acres of Upland
18.6 Acres
3.1 Acres of Upland
IS.S Acres of Wetland
5286,000
$62,000
$20,150
$50,400
570,000
520,000
5556,000
5387,200
C>
::=t:J
~
~
..-
00
e-a
~
.......
~
~
00
p~~ + of. 4-
The preceding value conclusion is subject to the following ExttaordinaIY Assumptions and
Hypothetical Conditions:
We were not ftunished a land survey for the areas subject to this appraisal, but were
provided land area estimates by the client It is assumed that the land area estimates
are accwate. Integra Realty Resources - Southwest Florida reserves the light to
change ow value conclusion, ifwllnanted, upon receipt of any infonnation that could
affect the value conclusion.
2 Values are based on two separate effective dates of appraisal: November 9, 1986, and
October 23, 2002 The conclusion of value is based on an analysis as if the subject
parcels are zoned agricultural, regardless of the cwrent CDC PUDIDRI zoning
designation. These instructions are per the "Companion Agreement" between Collier
Development Corp. and the Board of .ssioners of Collier County, a copy of
which is contained in the ad 'y 'bR Co ~N
If you have any questions 01 ~ , please contact
opportunity to be of service.
Respectfully submitted,
INTEGRA REALTY REso
Timothy P. Brennan
Florida SlIle-ReJjstered Trainee
Real Estate Appraiser RI# 8836
1685
10 G
C>
~
~
~
~
co
~
~
....-
~
CJ"I
\.0
16 B 51~
lOG I.~~"
Exhibit "F"
pt:i~ I o~ 2.
Sabal Bay
Water Management Supporting
Calculations & Results for Pro-rated Contribution
Pursuant to Developer Contribution Agreement
C>
.~
6610 Willow Park Drive
Suite 200
Naples, FL 34109
(239) 597-0575
1542 Carson Street
Fort Myers, FL 33901
(239) 278-5224
'~
:~
:~
: 00
, ""'C:I
.Q
..
~
:~
. 0"'lI
. c::.
.!kif::
Principal
, .J
~.J
~[
~~
. ol$ ol$
c! ~
~t'B
~tj
.. di~~
'- ~
S~
~~
oJ
~
Jl
N
N ~
. Q
- -
Q ....
- Q
N
0\
~
10166 B?
~~ Z ~'Z.
t/.
VI
co
.
~
~
e
~
~
j
%
i
~
w
~
J!!
i
a
0
!
Gl
C
~
....
I C>
~
..
J ~
~
~
8 co
""a
a Q
I ..
~
~
O"a
~
~
0
o
M
>-
~
M
~
!
I~CIlI'M
~S~G:JCIl~Q"1
NVI__M"lVlv\:;:l
II
__ /I
~ I ......
~$'5
l fajj
c!!.fu b
~Qgu~
~1:i a:s
.!d~CIJ,g
~!~jl
~~j5'C1
u ~.~ it fa
j j:Q Q ..2 S
1 - 3 5
CIJ ~ ~ !
VI
N
>.
~
I
~
..
CIJ
j
.~
Q
S
::I
l:'Q
..
u
~;S~~~~~<?<
<~~~co
~
. '
Exhibit ~'G"
~~ I et- I
LEL Y CANAL PROPOSED BUDGET (Presented on January 19, 2007)
DescriDtlon of Work
ProDOsed Budaet
Environmental Services
- Est. Environmental. Penn it Costs to date*
Civil Engineering
- Est. CMI Engineering Permit Costs to date
Excavation
Rock Blasting and Handling **
Water Quality Monitoring
Controlled Burn
Exotics Removal
Plantings
Miscellaneous
Contingencies (Approx 5%)
$ 110,100
$55,500
$ 100,500
$37,700
$3.167.138
$1,000,000
$ 36,000
$ 52,500
$ 294,000
$ 115.000
$ 25,000
$ 250,000
$5,243,438
-$7.980
,235.458
,981,538
NOTE: 8ghty percent of
Grading the canal, building
creating a spreader lake wi
The proposed budget reflects
.LOU~
10 [j
*
*
*
C>
~
~
.-.....>
. ......
i 00
.~
.~
. .
......
~
.~
.~
*
*
*
l'Cf~ !~
Retn: 3279855 OR: 3424 PG: 0337 RIC lEB
CLIRK TO THI BOARD RECORDID in the OPPICIAL RICORDS of COLLIIR COUHTY. PL COPIES
INTEROPPICE 4TH 'LOOR 10/17/2003 at 08:04AM DWIGHT B. BROCK, CLERK .
BIT 7240 COMPANION AGREEMENT
TO THE OCTOBER 22, 2002 DEVELOPER CONTRffiUTION AGREEMENT
REGARDING THE LEL Y AREA SURFACE WATER DRAINAGE IMPROVEMENTS
145.50
32.00
TillS CaMP ANION AGREEMENT is made and entered into this ~ day of
se~~ 2003, by and between Collier Land Development, Inc., a Florida corporation
(hereinafter referred to as "Developer"), and Collier Development Corporation, a Florida
corporation ("hereinafter referred to as "CDC"), which, along with their respective successors
and assigns, may be jointly referred to as "CDClDeveloper," and the Board of County
Commissioners of Collier County, Florida, as the governing body of Collier County (hereinafter
referred to as "County").
WHEREAS, CDC
res of real property located in
unincorporated Collier Co
Planned Unit Development
("CDC PUD"), which
rights and required CDClDeveloper
developmental approvals; which obligations included the dedication of land to the County and
the construction by CDClDeveloper of certain roadway and surface water management
improvements; and
WHEREAS, CDClDeveloper entered into a Standard Form Developer Contribution
Agreement For Road Impact Fee Credits with Collier County on October 22, 2002 (hereinafter
referred to as "Contribution Agreement"); and
Crill..,
~
1
1685
OR: 3424 PG: 0338
WHEREAS, the Contribution Agreement required that within 270 days from October 22,
2002, CDC/Developer and Collier County would enter into a "companion agreement" to insure
equitable payment or credit to CDC/Developer for drainage improvements constructed or
donated by CDC/Developer and to insure that CDC/Developer pays for its fair share of the costs
of the stormwater facilities, and drainage improvements known as Lely Area Stormwater
Improvement Project (hereinafter the "LASIP Project"), as set forth to in the Memorandum of
Understanding attached as Exhibit "B-6" to the Contribution Agreement; and
WHEREAS, County and CDC/Developer, in furtherance of the public health, safety, and
welfare, desire to commence the planning and construction of the LASIP Project prior to the
certain portions of the LAS
an timing of reimbursements or
credits CDC/Developer sh ~
.~
of its portion of the LASIP
take into consideration or
accommodate receiving additional dis
beyond pre-development historical flows; and
WHEREAS, the County and CDC/Developer acknowledge and agree that the valuation
of the eligible anticipated construction to the County's Lely Project storm water drainage
improvements will be based upon professional opinions of the total project's estimated probable
costs certified by a professional engineer, which valuation for the County's budgetary purposes
must be provided to the County no later than March 31 st of the calendar year prior to the year
that CDC/Developer breaks ground under Paragraph 4 below and CDClDeveloper shall update
2
CJe- ~
1685
OR: 3424 PG: 0339
the probable cost estimate and provide it to the County prior to commencement of construction;
and
WHEREAS, the Collier County engineer has recommended to the Board of County
Commissioners that the proposed plan for CDClDeveloper's dedication of land and contributions
for the LASIP Project shall be in conformity with the County Stormwater Management Element
in its Growth Management Plan and are in furtherance of the public's health, safety and welfare;
and
WHEREAS, CDClDeveloper acknowledges and agrees that it has full capacity, power
and authority to cause the construction or installation of the subject portions of the LASIP
"ER Co
necessary to convey the con
County's standards, proced
WHEREAS, CDClDeveloper is currently authorized to develop only that 83 acre portion
of the CDC PUD land which is the subject of a amended Preliminary Development Agreement
("PDA") dated May 16,2002, as amended by an Agreement dated May 28,2003, both of which
were entered into . by and between the Florida Department of Community Affairs and
CDClDeveloper; and any additional development beyond the site specified in the PDA must be
authorized by Collier County after its consideration of CDClDeveloper's application to amend
the CDC PUD ordinance.
3
aft- ~
16B5'
OR: 3424 PG: 0340
WHEREAS, the parties acknowledge that the County desires to expedite the LASIP
Project's completion and that there are costs associated with both the delay of the LASIP Project
and the County's pursuit of construction permits from the regulatory agencies involved.
WITNESSETH:
NOW, THEREFORE, IN CONSIDERATION of Ten Dollars ($10.00) and other good
and valuable consideration previously exchanged between the parties, and in consideration of the
covenants contained herein, the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
approval (permit
Management District for the
Permit").
3. CDC/Developer desires to construct the Lely Canal following a meandered, non-
linear canal design to improve water quality, and to improve the visual aesthetics of the Canal
(hereinafter Modified Drainage Design) which differs from the County's proposed design for the
LASIP Permit application. CDC/Developer shall file an application for the Modified Drainage
Design with the S.F.W.M.D. as soon as practical, but no later than July 1, 2004.
4. CDC/Developer shall begin construction of either the LASIP Project or the
Modified Drainage Design within two (2) years from the issuance of the LASIP Permit. The
4
C#~
1685
OR: 3424 PG: 0341
two-year time period for CDClDeveloper's commencement of construction of the Modified
Drainage Design shall be extended up to a maximum of nine (9) months, if CDC/Developer has
applied for, and is pursuing in good faith, a SFWMD permit for approval of the Modified
Drainage Design. If CDClDeveloper fails to timely begin construction of the Modified Drainage
Design or the LASIP Project, upon written notice to CDClDeveloper, Collier County shall have
the exclusive right to construct the LASIP Project and CDClDeveloper shall provide all
necessary access to the County on CDClDeveloper's property. without cost, to enable the County
to construct the LASIP Project.
5. Regarding the Lelv Canal:
A.
ow beyond pre-development
within the CDC PUD. For
Project, all costs now and
pre-development historical flows
limited to expansion or modification of the Modified Drainage Design or the
LASIP Project, shall be borne solely by CDClDeveloper.
B. For either the Modified Drainage Design or the LASIP Project,
CDClDeveloper must complete the canal construction within one year from
breaking ground.
5
~~
16 B 51 ~~
OR: 3424 PG: 0342
C. For either the Modified Drainage Design or the LASIP Project. following
completion of construction by either party, CDC/Developer shall, at its sole cost,
be responsible for the ongoing maintenance of the Lely Canal.
D. If constructed pursuant to the Modified Drainage Design, CDClDeveloper
shall receive all mitigation credit for the enhancements to the Canal beyond the
LASIP Project. If CDC/Developer obtains grant funding for the improved water
quality design of the Lely Canal, the grant funds shall be shared, with the County
entitled to receive only that percentage of the grant funds which equals the
percentage of the grant funds attributable to, or awarded for the LASIP Project
ReO
age Design to be permitted by
E.
maintained by C
al that historically has been
~ ng of this area is shown as "Lely
therein at 21.2 acres. All references to acreage herein, including this reference,
are estimates only, with a final determination of actual acreage to be determined
in a customary manner by the County.
F. CDC/Developer shall dedicate and convey to County an additional 14.3
acres for the Lely Canal, representing the area of the widening of the existing
canal. A graphic rendering of this area is shown as "Lely Canal (Per 1985 Master
Plan)," attached hereto as part of Exhibit B. Collier County shall pay
6
16B5
OR: 3424 PG: 0343
CDClDeveloper the appraised fair market value for the 14.3 acres and the land
valuation shall be appraised as the value of Agricultural zoned land on the day
before the County's 1986 rezoning to "PUD" of the CDC DRIIPUD land.
G. The current LASIP Project design for the Lely Canal substitutes a spreader
lake in place of a spreader water way. A graphic rendering of the spreader lake is
shown on "Lely Canal (per LASIP Design)," attached hereto as part of Exhibit B.
This spreader lake is approximately 13.87 acres. CDC/Developer shall dedicate
and convey to Collier County this additional 13.87 acres. Collier County shall
pay CDC/Developer the appraised fair market value of these 13.87 acres, and the
C
value of Agricultural zoned land on the day before the County's 1986 rezoning to
"PUD" of the CDC DRIIPUD land, considering the spreader canal's land
characteristics as either wetland or upland.
H. Payment to CDClDeveloper for all of the conveyances set forth shall be
made by the County within three years of the date that the land is dedicated to
Collier County by CDC/Developer and accepted by the County.
7
Ccfr-~
1685
OR: 3424 PG: 0344
I. The County shall reimburse CDClDeveloper for the County's
proportionate share of the costs of the design, permitting and construction
of the LASIP Project based upon the method or mechanism selected by
Collier County for the calculation of the proportionate fair share allocation
for property owners in the LASIP Project area. The proportionate share of
costs may be based upon gross acreage, taxable value, front footage or
some other equitable method adopted by the County. County shall
reimburse CDClDeveloper for the County's share of the costs of the
Project.
J.
an acceptance of the Modified
Drai
6.
either design, County shall not refuse to process applications for site plan approvals, building
permits, certificates of occupancy for commercial use or other County permits for development
within the 83 acre CDC 2003 PDA area. Within the larger amended CDC PUD project area, no
certificates of occupancy shall be authorized or issued by the County until all associated
improvements to the Lely Canal by either design specified in Paragraph 4, above, have been
constructed by CDC/Developer and approved by the County; except that when consistent with
the amended CDC PUD, the Collier County Land Development Code and all other Collier
8
CJ-(L-~
1685
OR: 3424 PG: 0345
County Laws and Ordinances, and provided that there are adequate public facilities capacity
available, Certificates of Occupancy shall be approved by the County for the following
development: commercial buildings, sales centers, model homes, and a golf course, including a
golf club house and golf maintenance facilities.
7. Regarding the Avalon School Outfall Canal and Fern Street Relief System:
A. The Avalon School Outfall Canal and Fern Street Relief System are
depicted on the attached plan marked as Exhibit D.
B. CDClDeveloper will dedicate land needed for the drainage improvements,
and shall construct, the Avalon School outfall canal and Fern Street Relief System
R
as graphically,
in Exhibit D attached hereto and
~
C. The
DRIJPUD land.
8. Regardine: the Lelv Manor Canal:
A. County is currently seeking permits from the South Florida Water
Management Plan.
B. The County will obtain permits and construct the Lely Manor Canal at its
own costs and may proceed with construction of the Lely Manor Canal in advance
of CDClDeveloper's filing an application for amendment of the CDC PUD.
9
~~
.
16B5
OR: 3424 PG: 0346
'y
CDClDeveloper shall provide the County with access to the Lely Manor Canal for
maintenance purposes.
C. CDClDeveloper shall dedicate and convey to the County approximately
12.3 acres of land for the spreader lake and canal improvements. A graphic
rendering of this area is shown as "Lely Manor Canal (Per LASIP Design),"
attached hereto as part of Exhibit C. The spreader lake is approximately 9.68
acres, and the canal improvements are approximately 2.52 acres. With respect to
the spreader lake, Collier County shall pay CDClDeveloper the appraised fair
market value of these 9.68 acres, and the appraised valuation shall be determined
RC
Contribution
ed on pre-PUD Agricultural
zoning. Wit
DClDeveloper shall dedicate
feet is needed for the County's
maintenance of the Le
less than a 35 foot strip along any portion of the Lely Manor Canal
("CDClDeveloper Portion"), CDClDeveloper will maintain at CDClDeveloper's
sole cost the CDClDeveloper Portion, and will also provide access to the County
(at no cost to the County) for maintenance of the portion of the Lely Manor Canal
not maintained by CDC/Developer. At County's request, the parties will enter
into a Maintenance Agreement setting forth these terms. Collier County shall pay
CDClDeveloper the appraised fair market value for this 2.52-acre strip and the
10
df(~
16B5
OR: 3424 PG: 0347
land valuation shall be appraised as the value of Agricultural zoned land on the
day before the County's 1986 rezoning to "PUD" of the CDC DRIIPUD land.
D. The County shall reimburse CDClDeveloper for the land dedicated to the
County for the Lely Manor Canal dedications within three (3) years of the date
that the land is dedicated by CDClDeveloper. All land dedications referenced
herein shall be conveyed to the County after receipt of all necessary permits and
within thirty (30) days of written request by the County.
9. The considerations and commitments in this Agreement relate to the LASIP
improvements within the boundaries of the CDC PUD, and these considerations shall be
RC
understood and interpreted to rei ~ E
and authorized by the permit to () .
10.
probable costs of such improvement.
11. In the event of a dispute, the County's Alternative Dispute Resolution Procedure
shall be utilized.
12. All conveyances set forth herein shall be in fee simple to the County by warranty
deed. With respect to such conveyances, the County shall be responsible for paying the costs of
any title work and searches, and CDC/Developer shall be responsible at its costs for promptly
removing or curing any liens, encumbrances or deficiencies revealed in any title work.
11
Clt-t
1685
OR: 3424 PG: 0348
13. This Agreement shall only be modified or amended by the mutual written consent
of the parties hereto or by the successors in interest.
14. The burdens of this Agreement shall be binding upon, and benefits of this
Agreement shall inure to, all successors in interest to the parties to this Agreement.
15. Either party to this Agreement shall have the ability file an action, including an
action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this
Agreement after submission to the County's Alternative Dispute Resolution process, said remedy
being cumulative with any and all other remedies available to the parties for legal enforcement of
this Agreement.
the Board of County Co
16. This Agreement sh .
o
County, Florida within fourt n
A copy of this recorded
12
c~t
16B5
OR: 3424 PG: 0349
DONE AND ORDERED this (c.tU"dayof 0~, 2003.
. . . ~ . '. .
:..,....'~:Bkb.qit.:~~ERJ(
,.',., ...... ."., / .' : . ' . .. ~
:,,::t' :\ De~- rer/(.' , "
D~~T. E..a~~~ci.ERK
"". -.-;.. -..AttfttIIi. ,......'to..Cha1rM11.'
" - il.t~:,..11.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TOM HE
Chairman
.
By:
, Vice President
WITNESSES: 11
fJ~ 2. Uli;
(Signature)
(flrf(\( If L UTTF~
(Print full name)
~:
13.1<. trim
(print full name)
~~.: """l~-~.f;Ff.;'-:'f~~~' ,~.".~.:,
."'.~'::;'."'}';0~'r; :'"y:~~ >.'1 ;
.,t'i.:'o"
13
dV-r
1 6 B 5 ~"
t
OR: 3424 PG: 0350
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was executed before me this~day of.s,,+.
Birr, Vice President of Collier Land Development, Inc.
rv\~ L-.~4
Notary Publi -\.\
Name n ~ <!..t..t L - C\. U
Certificate No. \
My Commission expires~ O,S-
, 2003, by Jeffrey
~...,.y~ NANCY LYNN HALL
'AWl MY COMMISSION # 00031397
""t.,t\.~ EXPIRES: June 24.2005
1<<JO.3.NOTNlY A. NalIry SeMce & Banding, Inc.
COLLIER DEVELOPMENT CORPORATION
(Si~a e)
. R. Cr;m
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was executed before me this~day of V .
Birr, Vice President of Collier Development Corporation
~~ l...~
No Public \ ~
Name V\~<!.u L. C\. \ I
Certificate No. \
My Commission expires <O\:t"i \ o-S-
,
, 2003, by Jeffrey
~~ NANCY LYNN HALL
~..1 MY COMMISSION # 00031397
"'l'.,.,..#" EXPIRES,June 24. 2~
l.ecJ03.HOTNlY A. Not-v SeMce & BandIng. Inc.
14
a-iJ
16-B 5 I "
OR: 3424 PG: 0351
14~1/<
A 24
~2J
J
",.,.1Ier -~ <:tENT,
,..,.... ~. BcGqjIIII.......... ~ArdlIocIr. ~~ PROJECT:
~.hc.
,.... . _.... . ....... . ..... . ~ . T_ .,... CI\r'"
_""UllIl__' __---.,.". __. FIr.....w...... ____
COLLIER DEVEL(
CORPORATII
,SASAL SA
COU NTY CAt\
OR: 3424 PG: 0352
.~~--~-_.~---------
,
~
~"
LELY LN<ES
MENT
DATE: TITLE:
~~6~ EXHIBIT A: COUNTY CANALS
~-:::. LOCATION MAP
MIA
SEC: TWP: AGE: CROSS REF'ERENCt: Fl.E NO.:
PROJECT NUMBER:
N0229 022-003
16B5
INDEX NUIoIIlER:
D-N0229-74-A
SHEET NUMBER:
1 or 1
l-6B5
OR: 3424 PG: 0353
SAIW. BAY
)
.''''i''er ~U.~M CLIENT:
,..,.... ~. BcGqjIIII. ....... ~ArdlIocIr . ~ ~ PROJECT:
... WIer; he.
,.... . -.... . ....... . ....... . ~ . r--. . ,... CI\r'"
-""UllIl__' ....___. _ ___. FIr ___...... -.........._
COLLIER DEVEL(
CORPORATII
SABAL BA
COUNTY CAt\
OR: 3424 PG: 0354
,
~
~"
LELY LAKES
[ LEGEND ~
rIiIII I.El.Y ~ - EXISTIIC CONDlllOllS
(21.2 ICRES)
~Y CANAL
PMENT
IN
DATE:
08/26/03
HORIZONTAL SCALE:
I" .. 2000'
I/ERI1CAL SCALE:
N/A
SEC: TWP: AGE: CROss REFERENCE FlI.E NO.:
PROoJECT 1MlBER:
N0229-022-003
TITLE:
EXHIBIT B: LEL Y CANAL
(EXISTING CONDITIONS)
~LS
cJfL
INDEX NUIIBER:
D-N0229-74-B
SHEET NUMBER:
1 OF 3
-685
-' 685
OR: 3424 PG: 0355
~~~':...M CLIENT:
Wi.Miller '
,.,.... ap.n. BcGqjIIII......... . ~ArdlIocIr . ~ ~ PROJECT:
........... he.
,.... . Ari.... . ....... . ..... .... . r--. . ,... CI\r.....
_...,~__..... _,...". _ ......,. FIr .....w...... ___...
COLLIER DEVEL(
CORPORATII
SABAL BA
COUNTY CAt\
OR: 3424 PG: 0356
,
~
~"
LELY LAKES
Ell I.El.Y ~ - IIIPRO\IEIoIENTS
RECOIIIIolENDED II llll15 DIS1RICT ,
IIAS1ER PI.AN SMl'f (35.5 ICRES)
_ I.El.Y ~ - 135' WIlE SPREADER
WAlER WAY (2U ICRES)
"'-my CNW.
MENT
DATE:
TITLE;
08/26/03
HORIZONTAL SCAlL:
I" .. 2000'
RI1CAL SCALE:
H/A
SEC: TWP: RCE: CROSS REFERENCE Fl.E NO.:
EXHIBIT B: LELY CANAL
(PER 1985 MASTER PLAN)
LS
PROJECT NUllBER:
N0229-022-003
fOB5 .~
INDEX NUMBER:
D-N0229-74-B
SHEET NUMBER:
2 or 3
16B5 i
OR: 3424 PG: 0357
'\
'\,
'\'\
\,
'"
SAIW. BAY
~
_'""l:'!U.~""'M CLIENT:
Wi,.,Miller
,..,.... ~. BcGqjIIII.......... ~ArdlIocIr. ~~ PROJECT:
MKI:_ he.
.... . _..... . ....... . ....... . T.... . r--. . r.- CI\r'"
_...,'-.._. ....___._ __. FIr ....",......... .........-
COLLIER DEVEL<
CORPORATI
SABAL BA
COUNTY CA~
OR: 3424 PG: 0358
,
~
~"
LELY LAKES
(_I.El.Y~~ LASP )
DESIGN (49.3 ICRES)
y~
SPREADER ~E
PMENT
N
LS
DATE:
08/26/03
HllflIZONTAL SCALE:
," .. 2000'
RTICAL SCALE:
N/A
SEe: TWP: RCE: CROSS RfFEREHCE FI..E NO.:
PRQ.lECT NUIoIllER:
N0229-022-003
TITLE:
EXHIBIT B: LEL Y CANAL
(PER LASIP DESIGN)
1685!
~
INDEX NUlIIlER:
D-N0229-74-B
SHEET NUlIllER:
3 or 3
16B5
OR: 3424 PG: 0359
~
r"."",.. -..=".........:... ClJENT,
,..,.... a.--.. BcGqjIIII.......... ~ArdlIocIr. ~QIndm PROJECT:
MIoItk; he.
__ . _.... . ........ . ....... . ~ . ~ .,... CI\r'"
_...,LaI__.__---.-...-. FIr ._n......____
COLLIER DEVEL
CORPORAT'
SABAL B)
COUNTY CAI
. .
OR: 3424 PG: 0360
-.........
,
~
~"
LELY lAKES
Ell I.El.Y IWlOR CNIAl. - ElCISTIHG
(NOT ON __ BAY PROPERTY)
GJ EXISTING WETlAND
//
~/
DATE:
08/26/03
HORIZONTAL SCALE:
I" .. 2000'
SCALE:
N/A
SEe: TWP: ACE: CROSS REFERENCE Fl.E NO.:
TITLE:
EXHIBIT C: LELY MANOR CANAL
(EXISTING CONDITION)
PROJECT NUMBER:
N0229-022-003
~
INDEX NUIIBER:
D-N0229-74-C
SHEET NUIlBER:
1 or 3
, '",,85
~1 l
rr~.\.~,-', .
685
OR: 3424 PG: 0361
''''\
'"
"""
~t.;:::''=r... CLIENT:
Wi,.,_iller
,..,.... ~. BcGqjIIII.......... ~ArdlIocIr . ~~ PROJECT:
MiIa~ he.
....... . _.... . ....... . ....... . T.... . T_ . _ eft8oll:fl
-...,UllIl--.__---.- ___. FIr.-n......____
COLLIER DEVEU
CORPORATI
SABAL Bt
COUNTY CAr
OR: 3424 PG: 0362
,
~
~"
LELY LAKES
lEI I.El.Y _ CNW. - PER 19
IlISTAICT e IIAS1ER P1.NI STUDY
(HOT ON __ MY PROPERlY)
t:iI EXISTIIC WETl.VlD
EXHIBIT C: LELY MANOR CANAL
(PER 1985 MASTER PLAN)
TITLE:
RTlCAL SCALE:
H/A
SEC: TWP: ROE: CROSS REFERENCE FI..E NO.:
PROJECT NUIIBER:
N0229-022-003
LS
cJSI-
INDEX NU~:
D-N0229-74-C
SHEET NUlIllER:
2 or 3
1685
.
685
OR: 3424 PG: 0363
WI,.,.,., _"'1:'==<=0.. cum,
1'IIIIln. ~. BcGqjIIII.......... ~ArdlIocIr. DwIparfII:In~ PROJECT:
MIanJ' JIer, he.
... . _.... ........ . ~ . T_ . r--.. ""CI\r-
-...,UllIl--.__---.- ___.FIr .-n......__
COLLIER DEVELC
CORPORATI(
SABAL BA'
COUNTY CAN
eo. -::
X: N
X I I . wa
~"
JMENT
N
LS
685
OR: 3424 PG: 036 ~c
~{:
~"
D
_ I.El.Y IWlOR CANAl - PORTION
E5!5iiI ON ADJACENT PROPERlY
-~"='~(~~
_ I.El.Y IolANOR CANAl - SPREADER
!.ME (1.8 ACRES)
Q EXISTING WEnAHD
a~
DATE:
HOIlIZ~~6~: EXHIBIT C: LEL Y MANOR CANAL
~..:::. (PER LASIP DESIGN)
H/A
SEe: lWP: AGE: CROSS REFElWlCE FI.E NO.:
/
/.
TITLE:
PROJECT NUIIllER:
N0229-022-003
INIJfJ( NUIlBER:
D-N0229-74-C
SHEET NUlIBER:
3 or 3
bd5
OR: 3424 PG: 0365
SAM. BAY
/"VALON SCHOOL
OUWAU. ~
(PREl.lAlNARV CONCEPT)
WiJs#nMi1er -~~ CU'NT,
,..,....~. EcoIollI*. an.,.n .~ArdlIocIr. '/twIpcIrfIIIICllnUW* PROJECT:
~he.
... . _.... ........ . .- . r..,. . T_ .,... Cl\r8oll:fl
_...,~__.....___._ ___. AI ~......----
COLLIER DEVEU
CORPORATI
SABAL B~
COUNlY CAt
. .
OR: 3424 PG: 0366
,
~
~"
LELY LAKES
(TYP.)
DATE:
08/26/03
HORIZONTAl SCALE:
I" - 2000'
VERlJCAl SCALE:
N/A
SEC: 1WP: AGE: CROSS REFERENCE FILE NO.:
TITLE:
EXHIBIT D: AVALON SCHOOL
OUTFALL CANAL
PROoJECT NUlIllE:R:
N0229-022-003
cJ~
685
INIlEX NUlIIlER:
D-N0229-74-D
SHEET NUll8ER:
1 OF 2
',.
.~
6B5
OR: 3424 PG: 0367
"
\.
'\,
"\
Wi""'" -===-. CUENT,
,..,... . ~. BcGqjIIII......... . ~ArdlIocIr . ~ ~ PROJECT:
V/IaQ .1AIer. he.
,.... . _.... ........ . ........ . ~ . ~ . ,... Cl\r8oll:fl
_...,'-_IIJIJ.....___.1'Ilono ~."".....w......___.....
COLLIER DEVEU
CORPORATI
SABAL B~
COUNTY CA~
*** OR: 3424 PG: 0368 ***
,
~
~"
LELY LAKES
DATE:
08/26/03
HORIZONTAL SCALE:
1- - 2000.
vER1lCAL SCALE:
N/A
SEC: TWP: ACE: CROSS REFERENCE FLE NO,:
TITLE:
EXHIBIT D: FERN STREET
'RELIEF SYSTEM
PROoJECT NUMB(R:
N0229-022-003
Cd4L
INDEX NUII8ER:
D-N0229-74-D
SllEET NW8ER:
2 OF 2
1685