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Ordinance 93-36 ORDINanCE NO. 93- 36 AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE; PRO- VIDING FOR TITLE AND CITATION; PROVIDING FINDINGS AND PURPOSE; PROVIDING DEFINITIONS; PROVIDING FOR CREATION OF AUTHORITY; AIRPORT BOUNDARIES; PROVIDING FOR GOVERNING BODY, MEMBERSHIP, APPOINTMENT AND TERMS OF OFFICE; PROVIDING FOR CO~[PENSATION OF MEMBERS; PRO- VIDING POWERS, ~UNCTIONS AND DUTIES; PRO- VIDING ANNUAL WORK PROGRAM, BUDGET, AND ANNUAL REPORT; PROVIDING FOR AN ADMINIS- TRATIVE CODE; PROVIDING FOR EXECUTIVE DIRECTOR; PROVIDING FOR NON-INTERFERENCE; PROVIDING FOR TRANSFER OF AIRPORTS, REAL AND PERSONAL PROPERTY, SYSTEMS, MATERIALS AND PERSONNEL; PROVIDING FOR MERGER AND DISSO- LUTION; PROVIDING FOR CONFLICT AND SEVER- ABILITY; PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. TITLE ~D CITATION. This Ordinance shall be known and may be cited as the "Collier County Airport Authority ~i.~: Ordinance." SECTION TWO. FINDINGS AND PURPOSe. It is hereby ~': ascertained and declared t~at: A. Collier County Government is responsible for the operation of three airports generally located in Immokalee, .~ Marco Island and Everglades City. '~ B. The three county airports are valuable assets that ?!: relate to a viable and diversified economy for the Collier County Community. · C. The Board of County Commissioners of Collier County ".. wishes to provide for enhanced development and eventual operation of the airports as an enterprise operation. D. Chapter 332, Sections 332.001 through 332.12, Florida Statutes, ("Airport Law of 1945") authorizes Collier County to !i~ acquire, establish, construct, enlarge, improve, maintain, i~i:: equip, operate, and regulate county a_irports and other air navigation facilities, and provides that the exercise of any other power specified therein granted to countie~ are public, governmental functions ex.srcised for a public purpose and are : ~' matters of public necessity. E. Section 332.08, Florida Statutes, authorizes Collier County to vest authority for the construction, enlargement, improvement, maintenance, equipment, operation, and regulation of airports, restricted landing areas, and other air navigation facilities, in an officer, board, or body of the County by ordinance which shall pre:scribe the powers and duties of such officer, board or body. F. Two relatively undeveloped airports within Collier County (Immokales and Everglades City) require attention and short and long range planning by the County to encourage and foster the development of infrastructure and facilities that are owned by and operated for the benefit of citizens and tax payers of the County. G. The three county airports should be developed in such a manner as to protect the health and welfare of all citizens of the County, including future citizens who will move to Collier County. H. It is the intent of the Board of County Commissioners to create and establish an airport authority within Collier County with the powers and responsibilities as provided in Section 332.08, Florida Statutes, and pursuant to the general governmental powers granted to counties in Chapter 125, Florida Statutes. I. The creation and establishment of this Airport Authority is consistent with and furthers the County's Comprehensive Plan, offers a focused approach to the provision, development and management of public infrastructure and services at the three Cci. lief County airports and is one means available for the delivery of such facilities and services at the three county airport,s. J. The provisions of this ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare and convenience. This ordinance shall be const~.n/ed as consistent with Chapter 189, Florida Statutes (the "Uniform Special District Accountability Act of 1989") if and as applicable, and Chapter 332, Florida Statutes, (the "Florida Airport Act of 1945"); Chapter 286, Florida Statutes, (Florida's Government in the Sunshine Law); and Chapter 119, Florida Statutes, (Florida's Public Records Law), as those Acts may be amended from time-to-time. K. Nothing in this ordinance shall be construed to affect any actions previously taken by Collier County, or any contracts previously entered into by Collier County, for the provision of any of the three airports, any airport facilities, or any airport services, within the boundaries of any of the three airports. SECTION T~REE. DEFI~ITIONS. As used in this ordinance the following words and terms shall have the following meanings unless the context clearly otherwise requires: A. "Airports" means, the real property and all improvements owned or leased by Collier County for airport activities in Immokalee, Everglades City, and Marco Island, including the properties and improvements designated for industrial development at the Immokalee Airport, and other such property and improvements that may be subsequently acquired by Collier County by lease, purchase or gift, and designated for airport use. B. "Airport facilities" means airport facilities of all kinds including, but not limited to, landing fields, hangars, shops, restaurants and catering facilities, terminals, buildings, parking facilities and all other facilities necessary and desirable for the landing, taking off, operating, servicing, repairing and parking of aircraft, the unloading and handling of mail, expresEz and freight and the accommodation, convenience and comfort of passengers, together with related transportation facilitieE~, industrial development, all necessary appurtenances, machinery and equipment.and all lands, properties, rights, easements and franchises relating thereto and deemed necessary or convenient by,the Authority in connection therewith. C. "Authority" means the Collier County Airport Authority created by this ordinance. D. "Board" means the Board of County Commissioners of Collier County, Florida. E. "County" means Collier County, Florida. F. "Improvements" means such replacements, repairs, extensions, additions, enlargements, and betterments of and to any airport or airport facility as are deemed necessary to place such airport or airport facility in proper condition for the safe, efficient, and. economic operation thereof. G. "Member(s)" means one or more of the individuals who comprise the governing body of the Authority. SECTION FOUR. CREATION OF AUTHORITY~ AIRPORT BOUNDARIES. A. There is hereby created a seven (7) member body to be known as the Collier County Airport Authority. The Authority shall be responsible for the construction, enlargement, improvement, equipment, operation, maintenance, and regulation, as authorized by this ordinance, of the three airports located in or about Marco Island, Immokalee, and Everglades City, in Collier County, Florida. The legal description and a map of each of these airports are attached hereto and are a part of this ordinance as Exhibits A, B, and C. B. The Authority is not a "Political Subdivision" as defined in Chapter 333, Florida Statutes. C. The Authority is not a "department" under Collier County Ordinance No. 84-¢4, as amended. The Authority's powers, functions and duties are an area of County government assigned to the County Manager to the extent provided for in this ordinance, in the administrative code adopted under, this ordinance, or in any resolution, rule or regulation now or hereafter adopted pursue'hr to Chapter 332 or 333, Florida Statutes, or otherwise. SECTION FIVE. GOVEKNING BODY; MEMBERSHIP, APPOINTMENTt TERMS OF OFPICE. A. The governing body of the Authority shall be composed -~ ' of seven (7) members appo:£nted by the Board. For purposes of .... the initial appointments, three (3) members shall be appointed for two (2) year terms wi=h the remainder of the members appointed for four (4) year terms. Thereafter, all members ~/!~ shall be appointed to serve four (4) year terms. Each member !~' shall be limited to serving no more than two (2) full terms except when a member's initial appointment is for a term of less than four (4) years. The two full term limitation set forth in this section shall not be waived and in the event this provision conflicts with .any other Collier County rule, ~ regulation or ordinance, 'this provision shall prevail. Upon the expiration of a member's ter~ of office, such member shall · maintain his or her appointment until the member is either reappointed or a successor is appointed by the Board. B. Members of the Authority may be removed with or without cause by a majority vote of the membership of the Board. Vacancies on the Authority shall be filled in the same manner as the original appointments. C. Members of the Authority shall be residents of Collier County with business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation or other related fields. There shall be at least one (1) member of the Authority appointed from each of the communities of Immokalee, Marco Island and Everglades City if a qualified candidate who resides within the respective area is available for appointment to the Authority. No person holding elected office at the state, county or municipal level shall be appointed to, or be a member of, the Authority. D. As soon as practical after the beginning of each fiscal year (October 1) the authority shall from. its members elect a Chairman, Vice Chairman, and Secretary. The Secretary shall maintain the custod.y and control of the Authority's records. The Authority ~ay delegate the duties of Secretary to the Executive Director of the Authority. E. Collier County Ordinance No. 86-41, as amended, and the Collier County Purchasing Policy shall apply to the Authority except where an~ provision thereof may conflict with this ordinance or the administrative code adopted hereunder. F. The Clerk to the Board of County Commissioners for Collier County shall serve as Clerk to the Authority. The Authority shall annually budget and reimburse the Clerk as necessary f~r the cost of all services and materials supplied to the Authority in acting as Clerk to the Authority. In such capacity, the Clerk shall serve as auditor, recorder and custodian of all Authority funds and shall keep such records and file such reports as required by law pertaining thereto. The Authority shall organize its own financial records to facilitate day-to-day operations. The Authority shall provide financial records in such form and in such manner as prescribed pursuant to Chapter 218, Florida Statutes, as applicable, and by the administrative cod.e adopted hereunder. SECTION SIX. COMPEN.gATION OF MEMBERS. A. The members of the Authority shall receive no compensation but shall be reimbursed expenses in accordance with the provisions of general law and in accordance with the budget for the Authority approved by the Board. SECTION SEVEN. POWER~g, FUNCTIONS AND DUTIES. A. The Authority shall have responsibility for the construction, improvement, equipment, development, regulation, operation and maintenance of the airports and airport facilities. It is intend~d that the day-to-day activities of the Authority and the Exec:utive Director of the Authority shall not require prior approval of the Board. B. The Authority shall have the following specific powers and duties: 1. Subject to the Authority's budget, to make and execute contracts and oth(~r instruments necessary or convenient to the exercise of its powers. Contracts which obligate 311 payment of less than $6,000 (or such monetary amount as may be established by the County's Purchasing Policy) do not require prior approval of the Board. All other contracts shall require prior approval of the Board unless otherwise provided herein or in the administrative code. 2. To adopt an administrative code that: prescribes the powers, duties, and functions of the officers of the Authority; the conduct of ~he business of the Authority; the maintenance of records; and the form of other documents and records of the Authority. The Authority may also adopt resolutions, rules and regulations that are necessary to conduct the business of the Authority. Provided, however, that each such resolution, rule or regulation shall be subordinate to any regulation for the government of one or more of the three airports now or hereafter adopt,.d by the Board pursuant to Chapter 332 or Chapter 333, Florida Statutes, or otherwise. 3. To accept gifts; to apply for and use grants or loans of money or other property from the United States, the State, a unit of local gow~rnment, or any person for any purpose; hold, use, sell and dispose of such moneys or property for any Authority purpose in accordance with the terms of the gift, grant, or loan or agreement relating thereto; and, subject to final approval by the Board, enter into interlocal agreements required in connection with any such property. 4. The Authority shall have no power to levy or collect ad valorem taxes. 5. To maintain an office at such place or places the Authority designates within the County. 6. Subject to the approval of tha Board, to borrow money and issue revenue bonds or anticipation certificates, warrants, notes or other evidence of indebtedness; to designate an agent of record; to mortgage real and personal property when necessary to carry out the duties and responsibilities of the Authority as approved by the Board in. accordance with and as provided for in the annual budget(s) as approved by the Board ~' pursuant to subsection Eight (B) herein. 7. To adopt by :ceeolution a schedule of rates, fees and other charges for the l~se of the services, airports and · ~.' airport facilities to be paid by the owner, tenant, or occupant of each parcel of land or =he user of any facility which may be connected with or provided service, use or availability of any airport facility. The ini=ial schedule of such rates, fees and other charges shall be those already in effect at the three airports as of the effective date of this ordinance. The Authority may thereafter revise the schedule of rates, fees and other charges from time to time. Such rates, fees, and other charges shall be adopted and revised so as to provide monies, which, with other funds aw~ilable for such purposes, shall be sufficient at all times to pay the expenses of operating and maintaining the airports and airport facilities, including, if applicable, reserves for the principal and interest on revenue bonds as the same may become due, and to provide a margin of .safety over and above the total amount of such payments; also to comply fully with any covenants to bondholders. The Authority shall charge and collect such rates, fees, and other charges so adopted and revised. Such rates, fees, and other charges shall not be subject to the supervision or regulation by the Board except during annual budget review by the Board or as otherwise provided in this ordinance. 8. To sub-lease as sub-lessor, and to lease as lessee, to or from any peri, on, firm, corporation, association, or body, public or private, any airport facility or airport property of any nature for the use of the Authority to carry out any purpose of the Authority. Except as may be required in the administrative code or in the lease of such property from the County to the Authority, no sub-lease with the Authority as .il sub-lessor is subject to approval of the Board..Except as may be req~/ired by the adminis=rative code, no lease to the Authority as lessee is subject to the. final approval of the Board. ~00~ 9. To acquire by purchase, lease, gift, dedication, devise, or otherwise, real and personal property or any estate therein for any purpose of the Authority and to trade, sell or otherwise dispose of surplus real or surplus personal property in accordance with general law. However, the Authority shall have no power of eminent domain. The Authority may purchase equipment by an installment: sales contract if budgeted and funds are available to pay the current year's installment and to pay the amounts due that year on all other installments and indebtedness. 10. To hold, con'~rol, and acquire by donation or purchase any public easement, dedication to public use, platted reservation for public pu=$oses, or reservation for any legitimate purpose of the Authority and to use such easement, dedication, or reservation for any purpose of the Authority. 11. Employees of the Authority, including the Executive Director, shall be employees of the County and shall be subject to the Collier County Human Resources Policies and Procedures. 12. To contract for professional services including, but not limited to, planning, engineering, legal or other professional services. No person engaged to provide such services shall be an employee of the Authority or of the County. 13. The County Attorney shall serve as the Authority's attorney. Subject to prior approval of the Board by resolution, the Authority may engage an individual attorney at law or law firm to serve as the Authority's attorney. The individual or firm selected by the Authority is also subject to prior approval of the Board. 14. To exercise all of the powers necessary, convenient, incidental or proper in connection with any power, duty, or purpose of the Authority as specified in this ordinance. C. The Authority shall have a lien upon all aircraft landing upon any airport o])erated by the Authority for all charges for fuel, landing fees and other fees and charges for the use of the facilities of such airport by any such aircraft, when payment of such charges and fees is not made immediately upon demand therefor to the operator or owner of the aircraft by a duly authorized employee of the Authority. The lien for the full amount of the charges and fees due to the Authority attaches to any aircraft owned or operated by the person owing such charges and fees. Such lien may be enforced as provided by law for the enforcement of warehousemen's liens in this State. It is unlawful for any person to remove or attempt to remove any such aircraft from such airport after notice of the lien has been served upon the owner or operator thereof or after posting of such notice upon such aircraft. Any person who removes or attempts to remove any such aircraft from such airport after service or posting of the notice of the lien as herein provided, and before payment of the amount due to the Authority for landing fees and charges incurred by such aircraft, shall be quilty of a criminal offense and misdemeanor within the meaning of S775.08, Florida statutes, and shall be punished as provided by law. D. The Authority sha. ll take no action that is inconsistent with any applicable comprehensive plan, any land development ordinance, any regulation adopted by the Eoard, or any regulation of any othE~r'governmental entity having power to adopt regulations that are superior to the Authority. SECTION EIGHT. ANNU~ WORK PROGRAMt BUDGET ~ND ANNUAL REPORT. A. The Authority shall, within six (6) months of appointment of the origin~l members of the Authority, submit to the Board a general business plan for each of the three (3) airports. Within eighteen months of the effective date of this ordinance the Authority shall prepare for consid~ration and approval by the Board a five-year master plan for the development, operation and maintenance of the three airports and their related facilities. This shall be five-year plan reviewed and updated annually. The annual budget proposed by the Authority and approve~ by the Board should implement the approved five-year master plan. B. For each fiscal year the Authority shall prepare a tentative annual budget including revenues and expenses for the operation of the airports during the ensuing fiscal year. The budget shall be transmitted to the Board for its review and adoption on or before May 1, or otherwise in accordance with the county's general budget policy or general law, whichever date is earliest. Each proposed budget shall include an estimate of all planned and contingent expenditures of the Authority for the ensuing fiscal year, and an estimate of all income to the Authority from all sources for that fiscal year. The Board shall consider the proposed budget item by item and may either approve the budget as proposed by the Authority or modify the same in part or in whole. The budget of the Authority shall be adopted in the same manner provided, and the times established, by law for the adoption of the budget by the County. The Authority shall be responsible for the implementation of the budget as approved by the Board. C. By March 15th of each year, the Authority shall submit to the Board an annual re]9ort on its activities and operations for the preceding fiscal year, including an independent financial audit. SECTION NINE. ADMINISTRATIVE CODE. A. The Authority shall adopt an administrative code as generally described in subsection Seven (B) (2) herein and present same to the Board for approval within twelve (12) months of the effective date of the appointment of all of the initial members of the Authority. The administrative code and any amendments thereto are subject to final approval of the Board. B. The administrative code shall organize the administration of the Authority and set forth the duties, 316 responsibilities, policies, rules and regulations of the Authority. The duties and responsibilities therein are confined ?.~, the powers and duties delegated to the Authority by this ordinance. SECTION TEN. EXECUTIVE DIRECTOR. A. The Authority shall have an Executive Director, who shall serve as the chief operating officer of the Authority. The Executive Director is. a "position under the Jurisdiction of the Board" within the intent of subsection (11) of Collier County Ordinance No. 84-44, as amended. The Executive Director shall be appointed by the Board from a list of at least three (3) qualified candidates submitted to the Board by the Authority. The selection should be made within thirty (30) days of submittal of the candidate list. B. The Executive Director shall work under the direction of the County Manager; however, the Executive Director may be terminated with or without cause only by a majority vote of the members of the Board. C. The Executive DJ.rector shall be the chief operating officer of the Authority and all executive and administrative responsibilities and powE~rs as specified herein shall be assigned to and vested irt the Executive Director. D. The Executive Director shall: 1. Be responsible for the administration, management and operation of the airports and airport facilities. Unless otherwise specified by the Board by resolution, the Executive Director shall function as the airport manager for all three airports. 2. Formulate and prepare recommendations regarding policies, rules and regulations, directives, programs, agreements, sub-leases, leases, contracts, and other documents which require the consid~ration, action or approval of the Authority or require app~oval of the Board. 3. Implement the directives, of the Authority with regard to all matters concerning the operations and functions of the Authority. 4. Prepare the five-year master plan, annual work program, annual budget, and annual report for the consideration, amendment, and approval of the Authority and the Board. 5. Recommend employment of, direct, supervise, and recommend personnel actions, regarding Authority employees in accordance with the Collier County Human Resources Policies and Procedures. The Executive Director shall direct and supervise professional service providers engaged by the Authority. 6. Carry out such other powers and duties as may be assigned by the Authority to accomplish the duties specifically delegated by this ordinance. E. The Executive Director shall be qualified by executive and administrative experience. Minimum qualifications for the Executive Director specified in a Job description shall be established by the Authority within sixty days of the effective date of the appointment of all of the initial members of the Authority. The compensation of the Executive Director shall be set by the Authority in accordance with the budget approved by the Board and in accordance with the Collier County Human Resources Policies and Procedures. SECTION ELEVEN. NON-INTERFERENCE. A. Members of the Authority may communicate with employees, officers, agents under the direct or indirect supervision of the Executive Director and/or County Manager, or professional services providers, for the purpose of inquiry or information. Except for purpose of inquiry or information, no member of the Authority ~hall give directions to or interfere with any employee, offic~r, agent, or with any professional services provider under the direct or indirect supervision of the Executive Director. SECTION TWELVE. Tlh~NSFER OP AIRPORTS~ REAL AND PERSONAL PItOPERTY~ SYSTEMS; MATERIALS~ AND P]~RSONNEL. A. Within one bunds:ed and eighty (180) days of the -13- effective date of this ordinance, Collier County shall lease to the Authority for the consideration of ten dollars ($10.00) all Collier County airports real property and improvements thereon then owned by Collier County. Each airport may be leased by a separate lease. The Marco Island Airport shall be leased to the Authority when the County acquires sufficient title thereto to lease same to the Authority. B Within one hundred eighty (180) days of the effective · date of this ordinance, Collier County shall lease or otherwise assign to the Authority all Collier County airport systems, equipment, and materials currently under the management, direction or control of the Board. Personal property shall be leased or assigned by on~ or more leases or other documents of conveyance at the discretion of the Board. Collier County employees, if any, transferred to the Authority shall remain County employees and be ~ubJect to the Collier County Human Resources Policies and Procedures as provided herein. SECTION THIRTEEN. MI~ER; DISSOLUTION· A. In no event shall a merger involving the Authority and any other unit of government occur without prior consent of the Board. B. The charter of the Authority may be revoked and the Authority unilaterally dissolved by an ordinance adopted by the Board. Such action by the Board dissolving the Authority shall occur only at such time as (a) the legal and equitable rights, powers, and interests of each and every bondholder are maintained inviolate and are reasonably expected to remain inviolate so long as they exist in law and equity, and (b) a dissolution plan is adopted by the Board. C. Dissolution of the Authority shall automatically transfer to Collier County title to all property leased or assigned to the Authority along with all other property and interests in property otherwise acquired by the Authority. Collier County shall assume all indebtedness of the Authority unless otherwise provided, in a dissolution plan adopted by the -14- Board o SECTION FOURTEEN. CONFLICT AND SEVERABILIT¥. In the event that this Ordinance conflicts with any other ordinance of Collier County, the more restrictive ordinance shall apply except as specifically provided for herein, or as specifically provided for in the administrative code with regard to the Collier County Purchasing Policy and/or the Collier County Human Resources Policies and Procedures. If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION FIFTEEN. EFFECTIVE DATE. This ordinance shall become effective upon receipt of acknowledgment from the Secretary of State that this ordinance has been filed with the Secretary of State. Passed and duly adopted by the Board of County · Commis~...i. oners of Collier County, Florida, this ~-~ day of r ATTEST: -- BOARD OF COUNTY COMMISSIONERS ~ DWIGHT. E. BROC~' C.,lerk Collier County, Florida -, ~., . . .=, · , ,~f, ",~/, -, .;" . .,\~ '~--/ - ~, ..~, , SAUNDERs Chairman Approved as to form and legal sufficiency: ~ Thomas C. Palme~ Assistant County Attorney This o~l~w~e fl~ed wl~h ~e .Secr~ of~tat~ O~b~ c~d ac~fi4~C.~;~_~! that fi~,~*~ rec~tved ~ day becj & 1 Desct and 35, Tounship $1 South, Range N~8'44'O6"W along the No~h line thereo[, a d~stance oK ~569,50 f~ ~hunce ~eaving s~16 North Section line rbn S~2'00'00'~ o~ ~nn6 here~n~te~ ~e~¢~be~: thence N~8~O0'0S"~ ~4~'01'10"K .~ 8ts~nnee o~ 241,20 ~eet: thence S12"00'00"~ ~stance o~ S2S0,00 ~eet~ thence S41'~8'X~"~ e d~s=nnce o~ 16~,00 feetI thence S~8*00'00"l~ a 6tltance o~ 300,00 ~ee~ thence N~2e00'00~ a dtstance of 250,00 fee:~ thence 8~stance o~ ~S,00 ~eet~ thence N~2*00'O0"~; a dis:ante o~ 350,00 ~eet~ chance NS&'~'SS": a distance o~ X88,48 ~eet~ thence .~....:. N~2~00~O0"~ a dts:ance o~ 3560,00 ~ee~ thence ~s~an~, o~ ~50,00 ~eet~ thence N~2'00~00"~' a 6tst~nce =,.:. .:eet~ thence N~5~5~.: a ~:an~e o~ ~50,00 ~eet~ ~hence . N~2~00~00'~ a.Ststance o~ 220,00 ~ee:~ thence ..;... 6is:ante o~ LSO,O0 to 'th~ Do~n~ o~ Seginning, . ' ~ ' ~?~: :->: ,. " . ~AGE 1 OY 2 EXHIBIT B Page I of 2 PROPERTY DESCRIPTION CONNCNCINB AT THI NOITHYEIT COl#El Of IICTiON Z; TOVNtNIP 47 SOVTN~ ia#II ~f IAST~ COLLIEE COUNTY~ ILQRIBA~ R~N THENCE S 1 30' ~&" V A N ST* AZ' 39" V, Z;SiO.11 FEET ALONG JN~ NORTHERLY EIGHT-OF- HAT LINE .OF STATE ROUTE 846 TO A CONCFlGTE~NONUNENT; N B?e 430 00~ v; 397.63 feet TO A POINT; # 190 1S° lS" I; 669.GS fiET TO A PGINT~ N 1* Z$e iS" l; I;IOl,l& Flit ALONG THE VTITERLT lINt Ol AIlPOIT lOB! TO A POINT/ $o N 2~ tO~ OS" V; ~$9.SS Flit TO A POINT; SEABOARD COAST LINE RAILRORO TO A CONCRETE l. # t6' 460 49# B, 6,019.66 Flit A~ONG TNI IASTIRLT LINE Of EIABOAR~ COAST LINE RAILEOA! FO A CONCREte NONUNBNT; 10. $ 670 06e 44" E; $,316,69 FEET TO A CONCRETE 11, S l~ 4Fi 44" [~ I;tZ&,$i FEET FO A CONCRETE tS. S 2~ 41~ I$" ¥~ 1;350.&T FEE1 TO & CONCREte 13. S Z' 460 OE" V, ~,6*F,BI felt TO A POINT; 14, N Ii' S1' $0" ¥, 1~3Z$,3t FEET FO A POINT; I$, N IF® ~0° 03" N, 1~912,30 Flit TO A POINT/ . la, I 3® 3TttT# ¥; 665,71 FEEt TO & POINT/ ' I~. N I~® 460 ST# ¥; BGBoS~ FEEt TO & POINT; 11. I $0 IS0 13#.N; 1;334,67 lilt TO A POINT; S 3' 31' S6n V~ 670,3Z FElt TO,~ POINT/ # IlO 170 37" ¥; 666.68 FElt fO A POINT; S 1e $4e 11" ¥; I~331,06 FElt TO a POINT/ 0I ITATI ROUTE i~& TO THO POINT OF BEGINNING; CONTAINING PAGE [ OF l ! I I I I 1 ' .o · .- EXHIBIT ~ · PAGE I of 2 DEED DESCRIPTIONS FOR EVERGLADES AIRPORT A portion of tracts J,P,O, and Q, Town of gverglades an recorded in Pl~t Book 1, at Po~es 92, 93, and 94, in the Public Records of Collier County, Flocidu more parLtcularly described ~s follows: A Farcel of land lying south~eiLerly of a line 250'.00 fee~ northeasterl~ and parallel o£ the cen~er line o[ the Ever&lades Airport runway an~ its extension from Chokoloikee Bay to Barton ~lver, ~o Chokoloskee Bey on the southwest, said center line described as follows: Commencing at the N.E. corner of the N.~. ~ o£ Lhe N.g..~ o£ Sectio, 23, Township 53 South, Range 29 East, Tallahassee Meridian ~own o£ EverElades (now CiLF) Collier Count), Florida. Thence S 89e ~9m 20" W alone north line of the N.W. ~ of N.W.~ of said Section 23, 934.51 ~e,~t to a po[nL on ~he said ceneer line o~ run~ay~ . ~hance S ~u~ 27' 02" E along said center 1[ne 1~65.1~. feet to an iron pipe =rk[ng the shoreli~e o[ Chokoloskee. Bay and bern8 "The Point o~ B$~tnntn&" Lhence N 30~ 27' 02" N along sa~d center line and tis exLensions 2658.31 ~eet ~o an iron pipe ~rktng :he shorelire of ~rron Rtver,.end oE centez line descr$pttonl except the east 105 fee~ more or less of ~he ' said N.W.. ~ of the N.W. ~ of said Section 23. Containing 27.30 acres more o~ leso. PARKING LOT Go~encing a: ~he N.E. corner of ,hu N.~. ~ of :he N.~. ~ of Sec:ton 23, Township 53 South, Range 29 East, Talla~ssee ~er~dtan, Everglades City, toll[or County, FlorJdn Chence S said Section 23, 9~&.51 Ice: Lo h poinL on Lhe ccnLcr line of EvcrElades A[rporh run~.~y~ thence S 30a 27' 02" E alan& said center l~ne of ru~ay 12.50 [eel Lo a poinL~ thence N 5qe 32' 58' E 2~0.0~ fee: ~o a po~n: on Lhe northeasterly boundary line of Airpor~ property bein& "The Point o[ ~eg[unjng' thence contJnuin& N 5ge 32' 58" E 200 feet ~o a polnL~ thence S 30~ 27' 02" E ~00 fee.: Lo a potuC; :l~cnce S 5qa 32' 58" ~ 200 ~eeL Lo a pain:; on :he Rforesaid northeasterly boundary linel ~hen~e N 30e 27' 02" ~ along ~:~d northeasterly bounder), line 600 fee: :o the Pain: of Beginning contatnLng 1.8~ ocrcs ~ore or ~ess. M&~R~ T, tCo~ i l ~ent~eth Judicial Ctrcutt, Collier County, Florida, do hereby cer~tf~ that the foregoing ts a true copy of: Ordinance No. 93-36 '" which was adopted by the Board of County Commissioners on .. the 22nd day of June, X993, during Regular Session. " WITNESS my hand and the official seal of the Board of ~ County Commiss~oners of Collier County, Florida, this 29th .:,.. day of June, 1993. DWIOHT E BROCK · .'. Clerk of Courts and Clerk~j~ ........ '~, Ex-off~clo to Board of ~4 ".' '. ":.'2 County Commissioners) ,~,..'. . ...~__ [ Deputy Clerk /~ .'"~.'