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Parcel 134/834 (Pond Site No. 4) lOE j PROJECT: PARCEL No FOLIO NO. 65061 134/834 (Pond Site No.4) 00203920000 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this ~ day of {Y\'1 ' 2004, by and between A.R.M. DEVELOPMENT CORP. OF S. W. FLORIDA, INC., a Fiorida corporation, its successors and assigns (hereinafter referred to as "Owner"), whose mailing address is 8224 Immokalee Road, Naples, FL 34119, and COlliER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WHEREAS, Purchaser requires a Perpetual, Non-Exclusive Road Right-of-Way, Drainage and Utility Easement (Parcel 134 B - see Exhibit 1) and a Perpetual, Non- Exclusive Drainage and Buffer Easement (Parcel 834 - see Exhibit 2) in order to construct two (2) Stormwater Retention and Treatment Ponds (hereinafter collectively referred to as "Ponds") and an access connection between Wolfe Road and the Golden Gate Fire and Rescue District property located to the north of Owner's lands (hereinafter referred to as the "Access Road Right-of-Way") over, under, upon and across the lands described in Exhibit 1 (Parcel 134 B); and WHEREAS, in addition Purchaser requires a fee simple interest in the lands described in Exhibit 3 (Parcel 134 C) for the expansion of Collier Boulevard from two lanes to SIX lanes (hereinafter referred to as the "Collier Boulevard Right-of-Way"), which is attached hereto and made a part of this Agreement; and WHEREAS, in addition Purchaser requires a Perpetual, Non-Exclusive Road Right-of-Way, Drainage and Utility Easement over, under, upon and across the lands described in Exhibit 4 (Parcel 134 A) for the construction and future maintenance of Wolfe Road (hereinafter referred to as the "Wolfe Road Right-of-Way"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey Parcels 134 A, 134 B, 134 C, and 834 (hereinafter collectively referred to as the "Property") to Purchaser on the terms and conditions set forth herein. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. The foregoing recitals are true and correct and are incorporated herein as a part of this Agreement. 2. Owner shall convey the Property to Purchaser for the sum of $532,887.00, which represents the unit price of $125,000 per acre for Parcels 134 A, 134 Band 834 (totaling 5.0 acres) LESS one half the engineer's certified estimate of the probable cost of the construction of the driveway north of Wolfe Road between Lines "A-A" and "B-B," as shown on Exhibit 5, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including any and all attorney fees, and all expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Said payment also includes the agreed-upon sum of $25,000.00 which Owner shall pay to Christ Community Lutheran School, Inc., for reimbursement of additional development costs incurred Agreement pag10 E by the School as a result of trading properties with Owner so that this Agreement, and the benefits accruing to the parties hereto as a result hereof, might be realized. 3. Purchaser shall configure the size and shape of the Ponds in accordance with the Collier County final roadway design plan, a conceptual drawing of which is attached hereto as Exhibit 6. 4. Purchaser shall construct the Ponds on the Property at its sole cost, with Owner granting such unrestricted access to Purchaser to Owner's lands beyond the boundaries of the Property as may be necessary for construction of the Ponds and for the staging of equipment. Purchaser shall build the Stormwater Retention Ponds in accordance with the Collier County final roadway design plan and all other lawful requirements. Should Purchaser be unable to construct the Ponds prior to December 2005, Owner shall have the option of constructing the Ponds in accordance with the Collier County final roadway design plan and shall be reimbursed by Purchaser in an amount not to exceed the Purchaser's certified estimate of probable construction costs at the time of construction and within 30 days of acceptance (i.e. inspection, cross sections, etc.) of the Ponds by Purchaser. To the extent permitted by law, and without waiver of sovereign immunity protections afforded by Chapter 768, Florida Statutes, Purchaser hereby agrees to indemnify, defend and hold Owner harmless from and against any claims, liabilities, actions, damages, losses, or injuries sustained by any person or persons arising out of or related in any way to the construction by Purchaser of the Ponds and Access Road Right-of-way contemplated by this Agreement to be constructed by Purchaser. Purchaser hereby further agrees to indemnify, defend and hold Owner harmless from and against any loss or damage caused by Purchaser to Owner's adjacent real property arising out of or related in any way to the construction by Purchaser of the Ponds and Access Road Right-of Way contemplated by this Agreement to be constructed by Purchaser. In the event Owner eiects to construct the Ponds, Owner agrees to indemnify, defend and hold Purchaser harmless from and against any claims, liabilities, actions, damages, losses, costs or injuries arising out of or related in anyway to the construction by Owner of the Ponds. This reciprocal obligation of indemnification is not intended to cover any defects in workmanship or design. This provision shall survive closing and is not deemed satisfied by closing or by conveyance of tille. 5. Prior to Closing, Owner shall grant unrestricted access to the Property for the purpose of conducting surface and subsurface soils sampling and analysis, and for any other necessary purposes. All adverse findings shall be the responsibility of the Purchaser to correct. 6. Owner shall design and prepare bid plans and specifications in accordance with County standards for roadway construction for that portion of the driveway between Lines "A-A" and "C-C" (as shown on the Conceptual Plan labeled Exhibit 5, attached hereto and made a part hereof). Purchaser shall construct that portion of the driveway between Lines "A-A" and "B-B" and shall also construct that portion of the driveway between Lines "B-B" and "C-C" (that portion of the driveway serving the fire station exclusively.) Purchaser shall be solely responsible for the cost of the construction of the driveway between Lines "B-B" and "C-G" (that portion of the driveway serving the fire station exclusively.) 7. Owner and Purchaser acknowledge that modifications to the drawings, plans and exhibits referenced herein may be requested by the South Florida Water Management District (SFWMD), and that both parties shall work together to resolve any objections which may be raised by SFWMD, and that in the event said modifications result in additional costs beyond those already contemplated by the parties in fulfillment of their respective obligations herein, said costs shall be shared equally by Owner and Purchaser ~Jt lOE Agreement Page 3 8. Owner shall maintain the Ponds at its sole cost, and shall ensure their continued maintenance by assigning said maintenance responsibilities to the appropriate Homeowners, Property Owners, or Condominium Association as may be created on Owner's adjacent lands. Maintenance of the Ponds shall commence within thirty (30) days of their acceptance by Purchaser. Should the Ponds not be adequately maintained, then the Purchaser may do so at the Owner's or Association's cost. 9. Owner may install fountains and/or lighting and/or landscaping, and/or decorative wall and rail sections, and/or sign age on the Property, subject to proper application by Owner and County's review and approval, at Owner's sole cost and expense. Specifically, the installation of signage and lighting shall be permitted along the Collier Boulevard frontage of Parcel 134 C and on either side of the Fire Station Access Road within Parcel 134 B, and in the median island in the center of the Fire Station Access Road. All maintenance will be Owner's responsibility. As a condition of County's approval, Owner must indemnify, defend and hold the County harmless from any claims, liabilities. actions, damages, losses, or injuries arising out of or related in any way to the construction, maintenance and operation of the fountain and/or lighting. This indemnification must be in writing and approved by the Office of County attorney. 10. Owner may make application to change the name of Wolfe Road to another name of its choosing, and Purchaser's Transportation Division staff will not offer any objections as long as the proposed name change is consistent with Collier County policies concerning the naming of local roadways. 11. Owner shall keep the excess excavated material beyond what is necessary to construct: (a) the Ponds; (b) the berm surrounding the Ponds; (c) other appurtenances associated with the construction of the Pond; and (d) the access road (driveway) between the fire station and Wolfe Road. Owner shall provide adequate cleared space west of the Ponds to store the excess excavated material. Owner shall maintain such storage space consistent with all iocal, state and federal rules and regulations. If Owner does not provide adequate cleared space for storage of the excess excavated material within 30 days of Purchaser's written request, Purchaser may elect to deposit the excess excavated material elsewhere. 12. Purchaser will commit to a closing no later than May 31, 2004, under the condition that this Agreement is approved by the Board of County Commissioners. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Owner understands that said acceptance and approval may require a super-majority vote of the Board of County Commissioners, after comparlsion of the proposed purchase price with two independent appraisals obtained by the Purchaser. 13. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 14. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur no later than May 31, 2004, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the ), Agreement Page 4 lOE County Warrant to Owner and Owner shall deliver the conveyance instruments to Purchaser in a form acceptable to Purchaser. 15. Owner represents that the property underlying conveyances outlined within this Agreement and all uses of said conveyances, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying conveyances except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the conveyances to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Property or the Rights-of-Way; b) any existing or threatened environmental lien against the property underlying the Property or the Rights-of-Way: or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Property or the Rights-of-Way. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 16. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 15. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 17. Purchaser shall pay for all recording fees for the conveyance instrument(s), and for any and all costs and/or fees associated with securing and recording a Subordination, Consent & Joinder of Easement and/or Partial Release of any mortgage(s) encumbering the Property from the mortgagee(s), and for the fees to record any curative instruments required to clear title, except for any and all costs and expenses required to secure and record releases andlor satisfactions from judgment creditors, which fees, costs and/or expenses shall be the responsibility of the Owner. In accordance with Statutory exemptions prohibiting payment of documentary stamp taxes by Purchaser, Owner shall pay all documentary stamp taxes required on the instrument(s) of transfer. 18. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 19. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 20. If the Owner holds or presently owns title to the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure. according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the property underlying the Property before conveyance is made to Purchaser. (If the corporation ;s registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, .. Agreement Page 5 IDE :., Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 21. Pending funding opportunity in the Transportation 5-Year Work Program, Purchaser may purchase additional right-of-way for Wolfe Road as depicted in Exhibit 7, which is to be reserved by the Owner, free of improvement with permanent structures, for future road right-of-way. Owner shall convey the additional Wolfe Road right-of-way to Purchaser within ninety days of written request from Purchaser, with the purchase price to be determined by multiplying the total acreage of the additional Wolfe Road right-of-way by the unit price of $100,000 per acre. 22. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ...lfr day of (Y' 'I ' 20 ~'L Date Easement acquisitions approved by BCC: October 28, 2003, Resolution No. 2003-372, Item 16B5. AS TO PURCHASER: DATED: 1~;' ATJ;E$F 'f, QWIGf,lT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORIDA ~~~ BY: Donna .' ep Clerk At "5tu1\t.o elM.,.... S1\l11lttllrl 0.11. AS TO.OWNER: DATED 0//4/04 ARM. DEVELOPMENT SW. FLORIDA By: OV MI"'- RO..{I' Ovadia R. Elias, President I!em# /oE itness (Signature) Lv Name: -;f"'a..-' E Aec< '^ (Print or Type) A'1~nrja .;71,// ;' ~ 11. -/.../ .; R<.rll~~ Approved as to form and legal sufficiency: m.~ Deputy ,'erk ~d t;\ t(u~ Ellen T. Chadwell Assistant County Attorney EXHIBIT .-L PBGe-L..of J- ~lOE\ ~I 3i d '" South 1/2 of the South 1/2 \the Southeast 1/4 of the Northeast 1/4 of Section 34 WOLF ROAD . . - . '(OCCUPATION) NOTES: This is not a su,.".ey. ,,<V '0 h \ 0 '" '" i 0> 0 '" I '" c..i I -' <( ~ '-' P.O.B. ~ '" 0> 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02"15'04~ W, Florida State Plane Coordinates NAD 83/90. East Zone. 3. Subject to easements, reservations ond restrictions or record. 4. Easements shown hereon are per plot. unless otherwise noted. 5. ROW represents Right-ol-Way. 6. P,O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. Q.R. represents Officiol Records. 9. l.B.E. represents landscape Buffer Easement. 10. U.(. represents Utility Eosement. CURVE C14 C15 C16 C17 C18 RADIUS 50.00' 177.00' 25.00' 62.00' 25.00' DELTA 21'49'48" 30'42'06" 6Q'23'47" 3'12'20" 128'28'56" :u~ I~ DAVID J. HIATT, P. .', (FOR THE FIRM) FLORIDA lit. NO. 5634 3-",.,<;'(;/ (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND rHE ORGINAL RAISED SEAL or A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION l8 #4:3 PIlOJECl 1<10., 65061 PAIlCrL 101O 1348 :;,: I '" '" ~ u L ~ => o "' u","-' I:J:::)~ ffiOO- ffi <5 o '" ~ ~ ..ill.~7rIL c.'l o~ . '" eo \ -~ P.O.C i \ East 1 4 Corner N89'51 33"W 1 of sec(on 34, 75.07' \ \ TOl'lns~p 48 South, Range 26 East N8~~dg9~"w I \ \ . I CURVE TABLE ~ LENGTH TANGENT CHORD 19.05' 9.64' 1 B.94' 94.84' 48.59' 93.71' 26.35' 14.55' 2515' 3.47' 1.73'. 3.47' 56.06' 51.81' 45,0.3' WiI.Mllle," PlII~, frJOln_ f~'~ S","oy<\'ll'UN"*"'PfNd!llor.I. It.......,l>1.iI,.MC''''.oIII''''.. WffsonMiller.!nc ~ 'mlllo'>-........ -a--, ~ lZOOIoIIoyUIIC.SIIII!xt ~1blIo14'IlS,I6lII-_Z;;-6#~I] ,,,ll'l-5IJ.lm ~""",_."". l.Ior 2,4. Z004 - 13:00:44 lIllAMIJRElX:\5UR\N8015\V5hd100.dwi CHORD BEARING N10'46'27"W N06'20'18"W N21'11'09"W N52'59' 1 3"W N64'22'30"E ~ , " + N I 100 200 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF TRANSPORTATION PIlOOECT~.: N6015 005-000 SKETCH & DESCRIPTION ~ '00 nUNO.: 2L-8/2 -,Mille," ...,,,_. I'IMI>o<S EI1j)IIllWf fClllogl.I~" S<irv~~(n'(D~Arrh/lBCIt KD~fpo<1D~I)(ICor1'lII/M" W~sonMiII~r.lnl:' No,MFr:or~.~'ohdorID'~ ,WIlM/l....SW/(ll ,....,.,'b.."II_I.""""2~ rIJZJHIJIII~ I'Iol>SoI. ......Iri'_"', PItllII:CTloKI.; 65061 EXHIBIT .-L Page ~of....l:.- lOE ~I LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4- of Section 34. Township 48 South, Range 26 East, and being 0 portion of those lands described in O.R Book 3069 pages 283' -2832, of the Officiol Records of Collier County, Florida being more particuarty described as follows: Commencing at the East 1/4 Corner of Section 34. Township 48 South, Range 26 East; Thence North 89'51'33" West along the South line of the Northeast 1/4 of said Section 34, 0 distance of 100.09 feel to it's intersection with the Westerly right-ot-way line of County Road 951 (Collier Boulevard); Thence continue along said line North 89'51 '33" West 75.07 feet; Thence North 02'15'04" West 30.03 teet to the POINT OF BEGINNING; Thence North 89'51'33" West 361.87 teet; Thence North 00'08'27" East 50.00 feet; Thence 19.05 feet along the arc at a circular curve concave west having 0 radius of 50.00 feet through central angle of 21'49'48" and being subtended by a chord which bears North 10'46'27" West 18.94 feet to a point of reverse curvature; Thence 94.84 feet along the arc of a circular curve concave east, having a radius of 177.00 teet through a central angle of 30'42'0,6" subtended by 0 chord which bears North 06'20'18" West 93.71 feet to q point of reverse curvature; Thence 26.35 feet along the arc of 0 circular curve concave west. having 0 radius of 25.00 feet through 0 central angle of 60'23'47" subtended by 0 chord which bears North 21'11'09" West 25.1 ~ feet; Thence North 51'23'02" West 35.13 feet; Thence 3.47 feet along the arc of 0 circular CUrve concave southwest having a radius of 62.00 feet through central angle of 03' 12'20" and being subtended by a chord which bears North 52'59'13" West 3.47 feet Thence North 38'36'58" East 50,10 feet; Thence 56.06 feet along the arc of u non-tangential circular curve concave northwest having 0 radius of 25.00 feet through a central angle of 128'28'56" and being subtended by 0 chord which bears North 64'22'30" Eost 45.03 feet; Thence North 00'08'02" Eost 36.60 feet to a point on the North line of the South 1/2 of the South 1/2 of the Southeast '/4 of ,he Northeast 1/4 of said Section 34; Thence South 89'51 '58" East 33' .01 feet; Thence South 02'15'04" East 304.77 feet to the POINT OF BEGINN!NG. Containing 2.55 ocres or 111,204.38 square feet, more or less. NOT VAUD WITHOUT SHEET ONE OF TWO "NtCELNO., 1348 COLL/m COUNTY DEPARTMENT OF TRANSPORTATION SKETCH '" DESCRIPTION Mor 24, 2004 - 13:015:44 Ml..'MURElX:\SUR\N15015\a:s,.d100.dW<;l I PROJECT NO.' I SMEETI<IUWBER, I FlLEIlO 0.1/2004 I N6015-005-000 149-2 OF 2 2L 812 EXHIBIT J:..- PIlge-Lof-L- "x.. ,,,' ,'o",."i tP IQ- " 'j; S's/. "S<", 7,,:'<(- \11\081 '. 0: I I '0 \~ \ 0 ~ "' '" 0 :;: '" 0: ~ I ;;I <0 U ::> ,.., ~ o I:l u'" U ~::l~ mOn.. "' ffi 0 0> " ,.., 0: ~ <Ii U 0: ,;;T . N89'51 '33"W 100.09' . I P,O.C I I East 1/4 Corner of Ser.Aion 34, \ I Tow",", 46 Sooth. Range '26 Eost I \ \ . I I I NOTES' 1. Thi:;J is not 0 survey. 2. Basis of bearing is the Wesl line of County Rood 951 (C.R. 951) being N 02'15'04" W, Florida Stote Plane Coordinates NAD 83/90. East Zone. 3, Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. ROW represents Right-of-Way 6. P.O.B. represents Point of Beginning. 7. P,O.C. represents Point of Commencement. 8 O.R. represents Officiol Records. 9 L.BE. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BEARI NG C19 87.00' 39'32' 1 0" 6003' 31.27' 58.85' N70'21'55"[ C20 52.00' 38'28'57" 41.64' 21.64' 40.86' 570'37'31 "[ C22 25.00' 60'23'47" 26.35' 14.55' 25.15' 521'11 '09"[ C23 177.00' 30"42'06" 94.84' 48.59' 93.71 ' 506'20'18"[ C24 50.00' 21'49'48" 19,05' 9.64' 18.94' 510'46'27"[ C25 4068' 28'37'50" 20.33' 10.38' 20.12' N14'27'22"E C26 40.00' 63'36'37" 44.41' 24.8" 42.16' N60'34'35"E C27 250 00' 19'39'09" 55.75' 43.30' 85.33' N82'33'19"E C28 87.00' 25'04'35" 38.08' 19.35' 37.77' N85' 15'03"E C29 63.00' 47'12'29" 51.91 ' 2753' 50.45' ..L... N74'12'06"E Wil.Mille';-" .""'~,, ~Enakr....fctlJ"I1'.to>S","'yo"'l.1IClli",,,,,,A'Cn._,,,,,,,~",,"c,,,,'"IIWt>I' W~sooMi!ler, Inc 1I,rp,..a1u,.n-.s.-......&_,1oiII/lI J2OOlo!iIJ'lQ;SliUiIOt .......~"rm-r;I;'._IJU.l~~ J..iJll.W.l116 ~""._r;.,, 4 N ~ I I o iW 100 200 .00 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF TRANSPDRTA TION /'). P.5.~. kTHE "RM) O. 5BJ4 ,3- (),;, (J'f (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL or A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 I"flOJtcT NO" 65061 P~l NO. : 8.34 SKETCH &: DESCRIPTION t.lar 24, 2004 - tJ:0I5:44 t.l~UREIX'\SUR\HeOl!1\lil.5hd100.dWll PROJECT NO., N6075-005-000 nU:NO.: 2L 812 EXHIBIT .-.L pege-Lof -L- LEGAL DESCRIPTION 1 0 E A portion of the South 1/2 of the South 1/2 of the Southeast 1/4 of the Northeost 1/4 of Section 34, Township 48 South, Range 26 Eost, and being 0 portion of those lands described in O.R Book 3069 poges 2831-2832. of the Official Records of Collier County, Florida being more porticuorly described as follows: Commencing at the East 1/4 Corner of Section 34. Township 48 South, Range 26 East; Thence North 89'51 '33" West along the South line of the Northeast 1/4 of said Section 34, a distance of 100.09 feet to it's intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard); Thence continue along soid line North 89'51 '33" West 361.87 feet; Thence North 00'08'27" West 30.00 feet to the POINT OF BEGINNING; Thence North 89'51'33" West 526.98 feet; Thence North 00'08'27" East 61.03 feet; Thence 20.33 feet olol1g the arc of a circular curve concave eost having a radius of 40.68 feet through (;enlral angle of 28'37'50" and being subtended by a chord which bears North 14'27'22" East 20.12 feet; Thence North 28'46'17" East 61.68 feet; Thence 44.41 feet along the arc of a circular curve concave southeast having a radius of 40.00 feet through central angle of 63"36'37" and being subtended by 0 chord which bears North 60'34'35" East 42.16 feet to 0 point of reverse curvatur-e: Thence 85.75 feel along the arc of a circular curve concave north, having 0 radius 01 250.00 feet through 0 centrol angle of 19'39'09" subtended by a chord which bears North 82'33'19" East 85.33 feet to a point of reverse curvature; Thence 38.08 feet along the orc of a circular curve concave south, having 0 radius of 87,00 feet through a central angle of 25'04'35" subtended by a chord which bears North 85"16'03" East 37.77 feet to a point of reverse curvature; Thence 51.91 feet along the arc at a circular curve concave north, having a radius of 63,00 feet through a central angle of 47"12'29" subtended by a chord which bears North 74'12'06" East 50.45 feet: Thence North 50'35'51" Eost 26.28 feet: Thence 60.03 feet along the arc of a circular curve concave south having a radius of 87.00 feet through central angle of 39'32'10" and being subtended by a chord which bears North 70"21'56" East 58,85 feet; Thence South 89'51'59" East 120.00 feet: Thence 41.64 feet along the arc of a circular curve concave south having a radius of 62.00 feet through central angle of 38'28'57" and being subtended by a chord which bears South 70'37'31" East 40.86 feet; Thence South 51'23'02" East 35.13 feet; Thence 26.35 teet along the arc of a circular curve concave west having 0 radius of 25.00 teet through a central angle of 60'23'47" and being subtended by a chord which bears South 21'11'09" East 25.15 feet to a point of reverse curvature; Thence 94.84 feet along the orc of a circular curve concave east, having a radius of 1Tl,00 feet through a central angle ot 30'42'06" subtended by a chord which bea's South 06'20'18" East 93.71 feet to o point of reverse curvature; Thence 19.05 feet along the orc of 0 circular curve concave west. havins; a radius of 50.00 feet through a central angle of 21'49'48" subtended by a chord which bears South 10'46'27" East 18.94 feet; Thence South 00'08'27" West 50.00 feet to the POINT OF BEGINNING. Containing 2.20 acres or 95,874.41 square feet, more or lass. NOT VAUD WITHOUT SHEET 1 OF 2 PIlO.IECI NO., 65061 I PARCt!. NO. , BJ4 Wi_Millfii" "","~" PiIJtI<w.Engl~....E""""",....SiJf>'r"..."(and_p,t~lr""'lN'l(mlo"c",....r""" Wil$O(lMdler.lnc ~'1fM I<JlMy.o.~.8rQlD;\" JiIIIp .Ii'llIBMeyl_"';W IIoPol.IbIdoJl'~,I5OI'_ a~ilID No m-44Hllo ~SIlO ...'.......,"" lokIr 24. 2004 - 13:08:4-4 ...LJ,t,lUR[IX:\SUR\NeoHi\i~1ltd100.ohr9 COLLlE:R COUNTY DE:PARTME:NT OF TRANSPORTATION SKE:TCH '" DE:SCRIPT/ON 0.1/2004 !PAOJECTNO., N601~-OO5-000 I SHEET NUl,lBER, IflLENO., {I.14-2 OF 2 2L-812 ~I South 1/2 of the South 1/2 [of the Southeolt 1/+ of the . . ~o~.~".. _."_,, DESCRIPTION: A portion of the South 1 /2 of the South 1 /2 of the Southeast 1/4 of the Northeast 1/4 of Section 34, Township 48 South, Range 26 East, and being 0 portion of those lands described in O.R Book .3069 pages 2831-2832, of the Officiol Records of Collier County, Florida being more particuarly described 0:; follows: Commencing at the East 1/4 Corner of Section 34, Township 48 South, Range 26 Eost; thence N 89'51'33" W along the South line 01 the Northeost 1/4 of said Section 34, 0 distance 01 100.09 feet to its intersection with the westerly right-ot-way line of County Rood 951 (Collier Boulevard) and Ihe Point of Beginning; thence continue N 89'51'33" W along said 1/4 section line a distancfl of 75,07 feet; thence N 02'15'04" W, a distance 01 334.80 feet to a point on the North line of the SouU, 1/2 of the South 1/2 of tht. Southeast 1/4 of the Northeast 1/4 of said Section 34; thence S 89'51'58" E, along said North line 0 distance of 75.07 feet to its intersection with the westerly right-of-way line of County Road 951 (Collier Boulevard); Thence S 02'15'04" East, along said westerly right-of-way line, 0 distance of 334.81 feet ta the Point of Beginning. Containing 25112.01 ~q. feet or 0.5765 acres, more or less. THE FIRM) -' 'C1 If - 0"'1 (DATE SIGNED) I NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAl RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION lB #43 R~SEO PARCEL NO. - 03/29/04 REVISED PARCEL 03 23 04 PRO.lECl NO.' 65061 p....u:D. ~O. . 134C WI/.Mllle, . "-'''-'' _.."En~Ec,<lJ~....SuI\I.y<o<'.L",IOsI;.O".AA:IIil.'U1Jc/lll.ljl<\1'"""C'>'II"Unn(, WII~onMiller.lnc ~Falllya1,5o''''''_'fo.\Ili JJCiJ""'r(_Mo~ ,...._)l'~W1'.""'''/JUI~~ ,,,'/JUjJ.5!1. _Iilt....._"".~. lotar 2.4, 2.004 - \3;01'" lot~UREtX:\SUR\NIO'~\Q~'.d'OO.dwg ~\OE\ ~ I ci I I '" I I '0 n \ 0 ~ ~ 0 ;; '" ~ I ;J, '" => ,., z 8 ~ .. U ~~~ mOll. '" III g 0> 0 a; ~ ai u a: L EXHIBIT ~ PalIe -Lot....L- .Y/2I,.F ~O-ILL (OCCUPATION) I P.O.C. I I East 1/4 Corner of Sedion 34, \ I Towns1P 48 South, Rango 26 East I \ \ I . NOTES: This is not 0 surv~)'. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02"15'04" W, Florida State Plane Coordinates NAO 83/90, East Zone 3 Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plot, unless otherwise noted. 5 ROW represents Right-af-Way. 6. p,D.a. represent!! Point of Beginning. 7. P.O.C r~presents Point of Commencement. B. O.R. represents Official Records. 9. l.8.E. repre5snts landscape Buffer EasemBnt, 10. U.E. represents Utility Easement. 4 N r-'-i .' o ~o 100 :00 GRAPHIC SCALE cOLLlm COUNTY DEPARTMENT OF TRANSPORTATION SKITCH de DESCRIPTION L_ 09/200.1 PAo.JECTNO.' N6075-00S-000 I ~o f1LEIoIO.: 2L 812 South 1/2 of the South 1/2 of [the Southeast 1/4 of the . N. ortheast 1/4 of Section 34 WOLF ROA.D (OCCUPATION) ,w "- f'lo ",0 o . bg o z LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 at Section 34, Township 48 South, Range 25 East, and being a portion of those lands described in Q.R Book 3069 pages 2831-2832, of the Officio I Records of Collier County, Florida being more porticuorly described as follows: Commencing ot the East 1/4 Corner of Section 34, Township 48 South, Range 26 East; Thence North 89'51 '33" West along the South line of the Northeast 1/4 of said Section 34, 0 distance of 100.09 feet to it's intersection with the Westerly right-af-way line of County Road 951 (Collier Boulevard); Thence continue olong said line North 89'51'33" West 75.07 feet to the POINT OF BEGINNING; Thence continue along said line North 89'51 '33" West 363.12 feet; Thence North 00'08'27" [ast 30.00 feet; Thence South 89'51 '33" East .361.87 feet; Thence South 02' 15'04" East 30.03 feet to the POINT OF BEGINNING. Containing 0.25 acres or 10,874_90 square feet, more or less. OR THE FIRM) J:J50'-f (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PllOJtcTt;O., PM~tL NO.; 134A 65061 WiI.1f11l8i~- FIamoo'. EngirI..... E"""",,:<t:> SliNOYW" L~"~Itf;lltArGllJt.c/~ J<"l'jl<I01olM'" (;""",(.>nl' WllsonMiller,lnc ~flJl~,s.-UP\I,&lDlIJ(n~ l/IIIa.lr,I...,s...r..w l/;filIl.Fl>dlJ"as.l6ll'~ljUd4Q/ll 'iI' 1JU<-l~m 1"ioI>&rI' .....__'"" Iolar 24, 2004 - 13;De;44 M\.AIrdUREIX:\SUR\M6015\vM.d100.dwg EXHIBIT -1- Page..J-of --L h ~O\E 1ii ~ I 0 Ii I I '0 n \ 0 ~ U1 0> 0 ;; Ii Ii ~ I <3 ;J, w ::> '" Z 8 ~ 15 en" ~3< P.O.B. ~ ffiUO- U1 "' <5 w 0> Q '" a; ~ ai 0: u S89'51 '33"E 381.87' N89'51'33'W 363.12' N89'51 '33'W 7507' N89'51 '33"W 100.09' 1 p,o_c I I East 1.14 Corner of Sec~ion 34, \ I Towns1P 48 South, Range 26 East I \ \ ill NOTES: ,. This is not II survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 02'15'04" W, Florida State Plane Coordinates NAD 83/90, East Zone, 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5, ROW represents Right-ot-Way 6. P.O.B. represents Point of Beginning. "1. P.O.C. represents Point of Commencement B. O.R. represents Official Records, 9. L.B.E. represents Landscape Buffer Easement. 10. U.E.. rtlpresents Utility Easement ~ N - '" GRAPHIC SCALE ~ o ~ 100 ~o COLL/OR COUNTY DEPARTMENT OF TRANSPORTATION SKETCH &< DESCRIPTION OJ 2(}(H. PIIOJECTml.' mENQ.' N60" 005-000 2L 812 -_.~,,,..~., XHIBIT 5 ~ \ of \ lOE ''I ~'t.t l' ,-,\''''- ,~ . :z: .. .... '" u 111'1 r'''j== I,U..l..J.O ,/ ----- , ,,--------- !.1.': - -- :ji.- 1~.1\ 11,;~ /iI~:\t ,\t~, \\ 1-..,,\ I Iii "::----. 1'-.......!...' 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