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Wal-Mart Store #1957 THIS INSTRUMENT PREPARED BY & RETURN TO: Marilyn Mullen Healy, Esq. A dams and Reese LLP 401 E. Jackson Street, Suite 2600 Tampa, FL 33602 PARCEL !D. # 00157481501 INSTR 4518681 OR 4645 PG 435 RECORDED 1/21/2011 3:55 PM PAGES 15 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $129 00 SPACE ABOVE TillS LINE FOR PROCESSING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this rday of ,u,Vt,,\,.er-, 2010 by Wal-Mart Stores East, LP, a Delaware limited partnership ("Wal-Mart" or "Grantor"), whose address is 2001 S,E. 10th Street Bentonville, Arkansas 72716 to Collier County, Florida, a political subdivision of the State of Florida ("Collier County" or "Grantee"), Grantor and Grantee may hereafter be collectively referred to as the "parties." WHEREAS, Wal-Mart is the owner of that certain tract of land located in Collier County, Florida described in Exhibit A, attached hereto and incorporated herein; and WHEREAS, Collier County is requiring that this Conservation Easement (the "Easement") be entered into and recorded in the land records of Collier County to bind Wal- Mart; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in Composite Exhibit B, attached hereto and incorporated herein (the "Easement Property"), NOW, THEREFORE, Wal-Mart hereby conveys a Conservation Easement to Collier County as follows: L Wal-Mart, its successors, heirs, assigns and/or transferees, hereby grants a non- exclusive easement to Collier County over and across the Easement Property described as Exhibit B for the purpose of conservation. Collier County shall have no responsibility for maintenance of the Easement Property. 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement 1001349 1 Property, There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state, 3. Wal-Mart, its heirs, successors or assigns, shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto, The, Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4, No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement Property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Wal-Mart reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6, Wal-Mart shall pay any and all real property taxes and assessments levied by competent authority on the Easement Property, 7, Wal-Mart shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Wal-Mart divests itself of any interest in the property, 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 1[(0 the Countv/Grantee: Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 If to Wal-MartlGrantor: Wal-Mart Stores East, LP Attention: David Roetto - 8703 2001 S,E. 10th Street Bentonville, AR 72716 With copies to: Wal-Mart Stores East, LP Attention: John Okwubanego, Esq, Legal Department - 8313 2001 S,E, lOth Street Bentonville, AR 72716 1001349 1 2 Marilyn Mullen Healy, Esq. Adams and Reesc LLP 101 E. Kennedy Blvd., Suite 4000 Tampa. FL 33602 9. This Conservation Easement may be amended, altered, released or revoked only by written agrecment betwecn the parties hereto or their heirs, successors or assigns, which shall be filed in thc public records of Collier County. 10, This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Easement Property and their successors and/or assigns, it being the intention of the Wal-Mart that this Conservation Easement be perpetual. 11, If any provisions of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be alTected thereby, as long as the purpose of the Conservation Easement is preserved. ] 2. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Collier County, and any forbearance on behalf of Collier County to exercise its rights hereunder in the event of any breach hereof by Collier County, shall not be deemed or construed to be a waiver of Collier County's rights hereunder, 13. The terrns and conditions of this Conservation Easement may be enforced by Collier County by injunctive relief and other appropriate available remedies, and WaJ-Mart consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which Collier County prevails, Collier County shall be entitled to recover, reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development penn it. These remedies arc in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes, [THIS SPACE INTENTIONALLY LEFT BLANK- GO TO NEXT .PAGE] 1001349_1 o J IN WITNESS WHEREOF, the parties have hereunder set their hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: WAL-MART STORES EAST, LP, a Delaware limited partnership By: WSE MANAGEMENT, LLC, a Delaware limited liability company and General Partner \-@J Michael A1Jan /p( Director of Design-South Team Date: \ ii - q - W I 0 STATE OF ARKANSAS COUNTY OF BENTON THE FOREGOING was acknowledged before me this il day of I0:Jver<\ne.X, 20]0 by Michael Allan, Director of Design-South Team, of WSE MANAGEMENT, LLC, a Delaware limited liability company, general partner of W AL-MART STORES EAST, LP , a Delaware limited partnership, on behalf of the limited partnership and the limited liability company. He is personally known to me. "NOTAJIlV S!AL" Kimberly Pruitt State of Arkansas, A County Benton My Commission Expires 11/1/2015 (SIGNATlJRES CONTINlJED ON NEXT PAGE] 1001349_1 4 [SIGNATURES CONTINUED FROM PREVIOUS PAGE) Acceptance by Grantee: ATTEST: ,. DWlGJ.{'f'e::eJi{~K., Clerk ::-~~'_>"~, (\A / - (' ~\L , 1ljfiaiar'on l~ Approved as to form and legal sufficiency: "L7wL Print Name: "5' lev!" ,... w : Ii:" "" s Assistant County Attorney 1001349_1 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA f1dlL L,) C By: Print Name: F1 . CC"fL Title: Chairperson 5 SITE VISIT REPORT PROJECT NAME: Wal-Mart Store #] 957 CONDUCTED BY: Summer Araque <ryY\ DATE OF SITE VISIT: ] 2/20/2010 FINDINGS: Preserve area is free and clear of buildings, structures, power lines, fences, dikes, abandoned vehicles, petroleum products and any other contamination except for Trash and Landscape Debris observed on site. Trash and Landscape Debris will be required to be removed. The site shows no signs of dredging or rcmoval of soil or plant material. The conservation casement property has generally been left in its natural state. The only alteration from its current state that is allowed is the hand removal of exotic species and , . nUIsance vmes, Sketch and Description: THIS IS NOT A SURVEY EXHIBIT A Legal Description: A PARCEL OF LAND LYING IN SECTION 21. TOWNSHIP 48 SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21; THENCE NORTH 89'50'30" WEST ALONG THE SOUTHERLY LINE OF THE SOUTHEAST 14 OF SAID SECTION 21 FOR A DISTANCE OF 995.63 FEET; THENCE NORTH OO'09~30 EAST FOR A DISTANCE OF 40.00 FEET TO AN INTERSECTION INITH THE NORTHERLY RIGHT-Of-WAY LINE OF 111TH AVENUE NORTH, SAID INTERSECTION BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN BEING DESCRIBED; THENCE NORTH 00'09'30" EAST FOR A DISTANCE OF 398.00 FEET; THENCE NORTH 45'09'30" EAST FOR A DISTANCE OF 190.00 FEET; THENCE NORTH 00'09'30" EAST FOR A DISTANCE OF 390.00 FEET; THENCE NORTH 45'09'30" EAST FOR A DISTANCE OF 200.00 FEET; THENCE NORTH 00'09'30. EAST FOR A DISTANCE OF 100.00 FEET; THENCE NORTH 45'09'30~ EAST FOR A DISTANCE OF 151.26 FEET; THENCE SOU"TH 89'50'30" EAST FOR A DISTANCE OF 442.82 FEET TO AN INTERSECTION WITH THE WESlERlY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. 41, S.R. 45); THENCE SOUTH 00'43'OT EAST ALONG SAID WESTERLY R!GHT-OF-WAY FOR A DISTANCE OF 869.34 FEET TO THE NORTHEAST CORNER OF lANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 744, PAGE 144, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; "THENCE SOUTH 89'16'53~ WEST ALONG THE NORTHERLY LINE OF SAID LANDS AND ALONG THE NORTHERLY LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 743, PAGE 1487, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 400.00 FEET; THENCE SOUTH 00.43'07~ EAST ALONG THE WESTERLY LINE OF SAID LAST MENTIONED LANDS AND ALONG THE WESTERLY LINE OF LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 1173, PAGE 1580, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 395.42 FEET TO AN INTERSECTION WITH THE SAID NORTHERLY RIGHT-OF-WAY LINE OF 111th AVENUE NORTH; THENCE NORlH 89'50'30" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF l11th AVENUE NORTH FOR A DISTANCE OF 444.95 FEET TO THE POINT OF BEGINNING, LESS THAT PART CONVEYED TO COLLIER COUNTY IN WARRANTY DEED RECORDED NOVEMBER 8, 1993 IN OFfICIAL RECORDS BOOK 1882 PAGE 675, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 734.573 SQUARE FEET OR 16.86 ACRES MORE OR LESS. ABBREVIA TION LEGEND: (,) -ACTUAL ^ -DELTA GOVl - GOVERNMENT CO APPROX -APPROXIIMTE (OJ -DEED " - IDENTWICATION pce '" -AVERAGE (DE) -DEEOEXCEPTION ,C -IRONPIPE (88) .-BEARINGBASIS DEPT -DEPARThlENT " -IRONROD PCP 'CD' -BUILDING O/U DRAINAGEANOUTlLlTY IR&C - IRON REB^R & CAP CO "' .EJENCHI.IARK EASEMENT C -ARCLENGTH PC,; (0) "CALCULATED ELEV - ELEVAllON '"I -L1CENSEDBUSINtSSNIJI.IBER " , -CHORD EaP -EDGE OF PAVEMENT ('J -MEASUREI) POB ce -CHORD BEARING ESMT - EASEMENT '" e -NAILANDOISK POC CCRe -CERTlFlEDCORNER mOT -FLORIDA DEPARTMENT OF " -NON-RA.oIi\L em RECORD NUMBER TRANSPORTATION NSI -NOSlJRVEYORIDENllFICAnONPRC O/C -CENTERLINE c, - FINISH FLOOR " -NON-rANGENT c" " -CONCRETEMONUMENT me roUND " -QFF;CIALRECORDS CONC CONCRETE CP&c - FLORIDA POWER AND UGHT 0'" OFFICIAL RECORDS BOOK c, we -CORNER (e) ~ GRID (SlATE PLANE) -DlAT CO -PLAT>300K Surveyor's Notes: 1. SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VALID WlTHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. ADDtTlONS OR DELETIONS TO SURI/EY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO ASSUMED DATUM AS BEING NORTH 89'49'52" '^'EST ALONG THE SOUTHERLY LINE OF THE SOUTHEAST 14 OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLJER COUNTY, FLORIDA. 4. THE ~LEGAL DESCRIPTlONw HEREON WAS PREPARED BY THE SURI/EYOR PER THE CLIENT'S REQUEST. 5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OR OPINION OF TITLE. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS-OF-WAY, AND/OR OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS NOTED. 6. THIS IS NOT A BOUNDARY SURVEY, THIS SKETCH AND DESCRIPTION WAS PREPARED FROM INFORMATION FURNISHED TO THE SURVEYOR, NO FIELD SURVEY WAS PREPARED TO DEFINE OWNERSHIP. NOT VAUD WITHOUT SHEers 1 AND 2 OF 2 Date Revision By -POINTOFCURVATURE -POINTOFCOMPOUND CURVATURE -PERMANENTCONTROLPOINT -PAGE PAGES - PCINT OF INTERSECTION - POINT OF BEGINNING - POINT OF COMMENCEMENT POlNT ON LINE - POIN! OF REVERSE CURVATURE - PERMANENT REFERENCE MONUMENT -POINTOFTANGENCY R25E " '^' ,eo "" " '/W SEC21 w SOfT m 148S (TYP) c, WI - RANGE 25 [^ST - RADIUS -RADTAL - RECOVERED -.R(VTSION - RADIUS POINT - RTGHT-OF-WAY -SECTlON21 - SQUARE ~. SQUARE FEET -TANGENTBEARINC TOWNSHIP 48 SOUTl-I -TYPICAL -UTILlTYEASEMENT - .~ Surveyors Certification: I hereby certify that the attached "Sketch and Description" of the hereon-described property is true and correct to the best of my knowledge, information and belief as prepared under my direction on January 13. 2009 . I further certify that this "Sketch and Description" meets the minimum technical standards set forth in Chapter 61g17-6 of the Florido Administrative code. DEe 1 4 20i~ /j ~ ~ ! //.4/ For the Firm By: (7 _.:r i.~.// , _ 0/ POlJl J. Katrek. P.S.M. Professional Surveyor and Mapper Florirla Registration No. 6233 Eng_ CO.A. l~andscp. No. TITLE BLOCK ABBREVIA -nONS = ENGINEERING L.B. = LICENSED BUSINESS = CERTIFICA TE OF AUTHOe<JZATION Arch,= AH.Crl1TECTUI{Al~ = lANDSCAPE Lie. = LICENSED = NUMBER 1'.0. - POST OFFICE @ ~ COPYRIGHT Engineers Arc11itects Surveyors Landsmpe Arch. Planners Enviromnclltal5cil'ntists COllstructiOIl Mallagemellt Traffic I Transportation (C.O.A.No..3215) (Uc.Nu.l1t\2600926J (LB. No. 7143J (Uc.I\'o./C()lm0298) 5/JO West Fulton Strut Sal/ford, Fl. 32771 P.O. Box 2808 32772-2808 l'hol1e: 407.J22.68.H Fax: 407.330.0639 Drawn by: R.D.S. Date: 01/13109 '- Scale: NIA Walmart ~'~ CITY OF NAPLES, I COLLIER COUNTY. FLORIDA Job No. W13491 File:PARENT TRACT.dwg Sheet 1 1of2 SKETCH AND DESCRIPTION @ 2008 Sketch and Description: THIS IS NOT A SURVEY EXHIBIT A GRAPHIC SCALE 200 0 r-____ 100 I 200 I 400 I ( IN FEET ) 1 inch = 200 ft. S89050'30"E 442,82' ~ o. ..,0 . 0 '" ' 00 0'" 0.., o 2 OVERALL WAL-MART PARCEL NOT PLATTED FOUD NUMBER: 00157481501 OWNER:WAL-MART STORES INC '1225 TAMIAMI TRL N N 3:w w' ro~O OCn~ . 0'" 00 '" rOM 00 02 Z WESTERLY LINE OF LANDS DESCRIBED IN omCfAL RECORDS BOOK 1173, PAGE 1580 POB .w o. "'0 . 0 <n. ~~ o z NOT VAUD ",,7HOUT SHEETS 1 AND 2 OF' 2 :?~ :w- ~N a, M '<:l: N .. '" N o~ .... 0 <:, '" o Ul ~ .. o M :' o o '" 400.00' NORTHERLY LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 743, PAGE 1487 NORTHEAST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS I BOOK 744, PAGE 144 r SOUTHERLY UNE OF THE SOUTHEAST 14 OF SECTION 21 111th AVENUE NORTH / CR# 846/IMMOKALEE ROAD (VARIABLE 'MOTH PUBLIC RIGHT-Of-WAY PER VARIOUS RECORDED DOCUMENTS) (NORTHERLY RIGHT OF WAY LINE OF 111TH AVE N PER ORB 1882, PG 675 N89'49'52"W(A) N89050'30''W 444.95' -- N89'49'52"W (BB) (LESS aUD N89'50'30'W 995.63' 32' WIDE WARRANTY DEED ORB 1882, PG 675 Date Revision By Engilleers Architects SlIl-vcyors Landscape Arch. Plal/ners El/uirol1ml!/ltol Scientists COflslnlctioll Managemellt 'Fraffit-/ Trallsportatioll (C.OANo..J21.')) (Lie. No.AA260(926) (LR. No. 714J) (Uc. ,'1,'0. l.COOmJ298J 5UO West Fulton Street Sanford, Fl. 32771 P.O. flax 2808 32772~28U8 Plrolle; 407.322.6841 Fax: 407.330.0639 21 POC -----28 SOUTHEAST CORNER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST Drawn by: R.D.B. Date: 01/13109 "~"----"-" Scale: 1 ";200' " -0: " -0: ~ ~;n 0.. ~~ :J~ "',: ,.. '" . ,.Ul ~ ~" "'- re~ ~g : " u w ~ ~ o w z :J ,. ~ '" re ,.- ~ -0:0 -0: -3:;,.... W ~ J.gJ . 0 I (f) ION => l-- 00 ~ ~~Lj. "" '" N 005 I -,," C5 ~~o 0::: Q..Vl~ w Wl--!3 f- 00 ~ ~e CJ) 00:: ~w c.~ 22 27 Job No, W13491 File:PARENT TRACT.dwg Walmart ~'~ CITY OF NAPLES, I COlliER COUNTY, FLORIDA SKETCH AND DESCRIPTION Sheet 2 2of2 @ 2008 Sketch and Description: THIS IS NOT A SURVEY COMPOSITE B (TRACT 8) Legal Description: A PARCEL OF LAND LYING IN SECTION 21, TO'NNSHIP 48 SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOllOWS; COMMENCING AT THE SOUTHEAST CORNER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89'49'52" 'NEST ALONG THE SOUTHERLY LINE OF THE SOUTHEAST 'J4 OF SAID SECTION 21 FOR A DISTANCE OF 551.17 FEET; THENCE DEPARTING SAID SOUTHERLY LINE OF SECTION 21, RUN NORTH OOiO'OS" EAST FOR A DISTANCE OF 71.99 FEET TO AN INTERSECTlON WITH THE NORTHERLY RIGHT-Of-WAY LINE OF 111lH AVENUE NORTH, AS DESCRIBED IN OFFICIAL RECORDS BOOK 1882. PAGE 675, AS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE RUN NORTH 89'49'52~ WEST ALONG THE SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 413.47 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89'49'52K WEST ALONG THE SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 30.99 FEET TO THE SOUTHWEST CORNER OF LAND HAVING A FOUO NUMBER OF 00157481501 PER THE PROPERTY APPRAISER OF COLLIER COUNTY, FlORIDA; THENCE DEPARTING SAID NORTHERLY LINE RUN NORTH 0010'08K EAST ALONG THE WEST LINE OF SAID LAND HAVING A FOLIO NUMBER OF 00157481501, A DISTANCE OF 351.50 FEET; THENCE DEPARTING SAID 'WEST LINE RUN SOUTH 89'49'52" EAST, A DISTANCE OF 27.74 FEET; THENCE RUN SOUTH OO'04'25K WEST, A DISTANCE OF 178.66 FEET TO A POINT OF CURVATIJRE OF A CURVE BEING CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 90.52 FEET, A CHORD BEARING OF SOUTH 06'02'53" EAST, AND A CHORD DISTANCE OF 24.39 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15'29'00", FOR AN ARC DISTANCE OF 24.46 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE BEING CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 137.90 FEET, A CHORD BEARING OF SOUTH 07'46'56K EAST, AND A CHORD DISTANCE OF 28.87 FEET; THENCE RUN SOUlHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12'00'55", FOR AN ARC DISTANCE OF 28.92 FEET TO A POINT OF TANGENCY; THENCE RUN SOUTH 00'48'15" EAST, A DISTANCE OF 26.29 FEET; TI-JENCE RUN SOUTH OO'36'35K Vv'EST, A DISTANCE OF 24.16 FEET; THENCE RUN SOUTH OO'Z7'37K WEST, A DISTANCE OF 59.60 FEET TO A POINT OF CURVATURE OF A CURVE BEING CONCAVE NORTHWESTERLY, HAVING A RADIUS Of 31.32 FEET, A CHORD BEARING OF SOUTH 20'13'09K WEST, AND A CHORD DISTANCE OF 10.61 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19.30'31~ FOR AN ARC DISTANCE OF 10.66 FEET TO A POINT ON THE AFORESAID NORTHERLY RIGHT OF WAY LINE OF 111TH AVENUE NORTH AND THE POINT OF BEGINNING. PARCEL ENCOMPASSING 10,797 SO FT, 0.25 ACRE MORE OR LESS. ABBREVIATION LEGEND: (^) -ACTUAL ~ -OELTA GOV'" GOVERNMENT eo -POINTOfCURVATURE R26E -RANGE 26 EAST APPROX. APPROXIMATE (0) -OEED " -IDENTIFICATION eco - POINT Of COMPOUND , -RADIUS '" -AVERAGE (DE) -DEEf)EXCEPTlON " IRON PIP, CURVATURE '" -RADIAL (8B) -BEARINGBASIS DtPT -OEr'AI,TMENT " -.IRONROD peF' - PERMANENT CONTROL POINT ,CO -RECOVERED '~e -BUILDING clo -ORAINAGEANDUTl"TY IR&C - IRON REBt,R & CAP eo -PAGt '" -REVISION " -BENCHMARK EASfMENT , -ARCLENG1H PGo, -PAGES " -RADIUSPOINr (e) -CAlCULATED [LEV -[LEVAnON "I ..1ICENSEDBUSJNESSNUMBER " - POINT OF INTERSECTION '/w -- RIGHT-OF-WAY , -CHORD coe EDG[ OF PAVEMENT 1M) - MEASIJRFD POB - POINT OF BEGINNING SEes -$[C110l'5 " - CHORD BEARING ESMT -[ASEMENT N & D -NAIL/l.NDDISK eo, - POINT OF COMMENCEMfNT C, -SQUARE CCRN -cm11FIEOCORNER "'" FLORIDA DEPARTMENT OF " -NON-RADIAL rOL - POINT ON LINE SOFT - $OUARE FEET RECORD NUM8ER TRANSPORTA11ON '" -NOSURVEYORIOENTlFICATlONPRC - POINT OF R[VERSE m TANGENT BEARING cA -CENTERLINE co - nNISH FLOOR " -NON'fANGENT CURVATURE 123S - TOWNSHIP 23 SOUTh W -CONCRETE MONUMENT FND - FOUND '" -OFFIC:ALRECOROS PRM - PERMANENT REFERENCL (TiP) - TYPICAL CONC -CONCRET[ FP&L -FLORIDAPOWERANOLlGHT W" - OFFICAL r,ECORDS BOOK MONUM[NT OC -UIILlTY(ASEMENT COR -CORN(R Ie) -GRI!J(STA1EPLANE) -PLAr C< ." POINT OF TANGENCY WI - WITH PS -PLATBOOK Surveyor's Notes: 1. SURVEY MAP AND REPORT OR THE COPIES TI-lEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PART!ES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO ASSUMED DATUM AS BEING NORTH 69'49'52" WEST ALONG THE SOUTHERLY LINE OF THE SOUTHEAST 14 OF SECTION 21, TOWNSHIP 46 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. 4. THE "LEGAL DESCRfPTlONK HEREON WAS PREPARED BY THE SURVEYOR PER THE CLIENT'S REQUEST. 5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OR OPINION OF TITlE. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS-OF-WAY, AND/OR OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS NOTED. 6. THIS IS NOT A BOUNDARY SURVEY, THIS SKETCH AND DESCRIPTION WAS PREPARED FROM INFORMATION FURNISHED TO THE SURVEYOR, NO FIELD SURVEY WAS PREPARED TO DEFINE OWNERSHIP. 1/7/09 Date NOT VAUD I'IIITHOUT SHEETS I, 2 AND :s OF :s ADD OVERALL PARCEL LOCATION (PAGE 3) Revision Surveyor's Certification: I hereby certify that the attached "Sketch and Description" of the hereon-described property is true and correct to the best of my knowledge, information and belief as prepared under my direction on December 15, 2008 . I further certify that this "Sketch and Description" meets the minimum technical standards set forth in Chapter 61g17-6 of the Florida Administrative code. DEe 1 !, 2010 -l:;2/J~? /." Paul J. Katrek, PS.M. Prof~ssil):'lol Surveyor and Mapper Florida R~gistration No. 6233 For the Firm By: KDT By Eng. CO.A. La.ud,:;cp. No. TITLE Hl,OCK ABBU.EV1l\TIONS = ENGINEEHING L.R = LICENSED BUSINESS = CERTIFICATE OF A UTI-IOHlZA TION Arch.= ARCIllTECTURAL = LANDSCAPE Lie. = LICENSt:D = NUi\,lBEl< P.O. = POST OTFICE cQ = COPYRIGHT Job No, W13491 ..~,- File: TRACT B.dwg Engincl'rs Arc1litects Surveyors Landswpe Arch. Plallners Envirol1lnentnl Scil'ntists COJlstructioll Management Traffic / Trarzsporta t iOI1 (C.O.A.No.3215J (Lie. No. Ai\260092t,J (1..1,. No. 7143) (Lic. N(J. I.CfJ000298J 5011 West FIllton Stred SaT~f(!l"Il, Fl. 32771 P.O. Box 280$ 32772-2808 Phone: 407.322.6841 Fax: 407.330.0639 Drawn by: R.D.B. Date: 12115/08 Scale: NIA Walmart ~'~ CITY OF NAPLES, I COLLIER COUNTY, FLORIDA 1 Sheet 1 of 3 SKETCH AND DESCRIPTION @ 2008 Sketch and Description: THIS IS NOT A SURVEY COMPOSITE B (TRACT B) "-NORTHERLY R/W LINE OF l11TH AVENUE NORTH / S89049'52"E 27.74' Q~ ~- ~E~ -<z~ ~-- o WOo ZW ::i~ffi ~o'" ~~" ww:o O<oz ~ to '" '" ... ~ ENCO~PASSING 10,797 sa FT, 0.25 ACRE MORE OR LESS. TRACT "8" '" "! ;<: in N ;,. ? o o III ii= 15029'00" R = 90,52' l = 24,46' C = 24,39' CB = S 06002'53" E ii = 12000'55" R = 137.90' l = 28.92' C = 28.87' CB = S Or46'56" E S00048'15"E 26,29' SOo036'35"W 24.16' S00027'37"W 59.60' ii = 19030'31" R = 31.32' l = 10.66' C = 10.61' CB = S 20013'09" W ~ '" '" '" '" 0; '" lU ~ ~ N 0 '" ~ tn 0 :'" 0 '" z '" z N89'49'52~W SOUTHWEST CORNER OF LAND DESCRIBED IN FOLIO NUMBER 00157481501 N GRAPHIC SCALE ->-- ~ -<0 "" "... uj J. ~ .01 =:l ~~N ---- IOO l{) Q8..~ ..q- OCZN 000 I :H=" <{ [[] UCI o ~~I!:! 0::: wf-~ woo 1- ~ e .:::( 'Ocr: f- ~w (/).::..0.. 10~ 50 I 100 I 200 I ( IN FEET ) t inch = 100 ft. NORTHERLY RIGHT OF WAY LINE OF 111TH AVE N. PER ORB 1882, PG 675 (NORTHERLY RIGHT OF WAY LINE OF l11TH AVE N. PER ORB 2462, PG 361 413.47' ~ N " 551.17' 1 22 28 2 POC~ 111lh AVENUE NORTH / CR# 846 / IMMOKALEE ROAD (VARIABLE WIDTH PUBLIC RIGHT~OF-WAY PER VARIOUS RECORDED DOCUMENTS) SOUTHEAST CORNER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST 117/09 NOT VAUD WITHOUT SHEETS 1. 2 AND :J OF :J ADD OVERAll PARCEL lOCATION (PAGE 3) Job No, W13491 File: TRACT B.dwg Date Revision Engineers Architects Sm"veyors Lal1dscnpe Arch. Pla1l1lers EnvirollmelllalScii'lltists COlIstructioll Maf/agemellt Traffic/ Tral1sportatiolt Drawn by: R.D.B. Date: 12115108 Scale: 1"=100' (CO.A.No..121.'iJ (UeJ"'o.AA2600926) (LRNu.7143) (Lie. No. LCOOO02Y8) Walmart ~'~ CITY OF NAPLES, I COLLIER COUNTY, FLORIDA Sheet SOU \.Vest Fulton Sired Sanford, Fl. 32771 P.O. Box 2808 32772-2808 Phone: 407.322.6841 Fax: 4U7.330.06.19 2 2 of 3 SKETCH AND DESCRIPTION @ 2008 Sketch and Description: THIS IS NOT A SURVEY COMPOSITE B (TRACT B) GRAPHIC SCALE 2~ _ ~ -- tOO I 200 I 400 I ( IN FEET ) t inch = 200 It. N OVERALL WAL~MART PARCEL NOT PLA nE::D FOLIO NUMBER: 00157481501 OWNER: WAL-MART STORES INC 11225 TAMIAMI TRL N 111th AVENUE NORTH / CR# 846 / IMMOKALEE ROAD (VARIABLE WIDTH PUBLIC RIGHT-OF-WAY PER VARIOUS RECORDED DOCUMENTS) 1/7/09 NOT V,f,UO WITHOUT SHff'TS I, 2 AND ,J OF ,J ADD OVERALL PARCEL LOCATION (PAGE 3) Date Revision Engineers Architects Surveyors Landscape A relt. Planllers Environmeutal Scientists Constructioll Managemel/t Traffic I 'frallsportatioll rc.o.A.. No. 3215J (Lic. No, IIL12GO(926) iL/J. No. 7143) (Uc.Nc>,lC()()OU298J Drawn by: K.D.T. --~---~.~_.- Date: 117/09 Scale: 1 "=200' >-- <0 -"'.... ~ I ~ ..,. ~ N . 0 I U':! ~SN 2- Bg~ I.D _ov ..q- O::ZN o ~g..\. <( !DOc fi it~~ LlJ w.....~ f- 00 ~ ~E2 U) '00:: ~w C"- 1 8 2 Job No, W13491 ---~~- File: TRACT B.dwg f)()(j WCoSt Fulton Sired Sallford, Fl. 32771 1'.0. Box 2808 32772-2808 Pholle; 407.322.68-11 Fax; 407.330.063.9 Walmart ,'~ CITY OF NAPLES, I COLLIER COUNTY, FLORIDA 3 Sheet 3 of 3 SKETCH AND DESCRIPTION @ 2008 Sketch and Description: THIS IS NOT A SURVEY COMPOSITE B (TRACT A) Legal Description: A PARCEL OF LAND LYING IN SECTION 21, rOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAsr, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89'49'52" WEST ALONG THE SOUTHERLY LINE OF THE SOUTHEAST )4 OF SAID SECTION 21, FOR A DISTANCE OF 551.17 FEEr; THENCE LEAVING SAID SOUTHERLY LINE. RUN NORTH 00'10'08" EAST FOR A DISTANCE OF 71.99 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF 111TH AVENUE NORTH, AS DESCRIBED IN OFFICIAL RECORDS BOOK 1882, PAGE 675, AS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND THE NORTHERLY RIGHT-OF-WAY LINE OF 111TH AVENUE NORTH, AS DESCRIBED IN OFFICIAL RECORDS BOOK 2642, PAGE 361, AS RECOROED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID INTERSECTION, ALSO BEING THE POINT OF BEGINNING; THENCE RUN NORTH 89"49'52" WEST, ALONG SAID NORTHERLY RIGHT-Of-WAY LINE OF 111TH AVENUE NORTH, AS DESCRIBED IN OFFICIAL RECORDS BOOK 1B82, PAGE 675, FOR A DISTANCE OF 314.69 FEET; THENCE LEAV1NG SAID NORTHERLY LINE, RUN NORTH 00'10'D8" EAST FOR A DISTANCE OF 5.47 FEET; THENCE RUN NORrH 89'49'52" WEST FOR A DISTANCE OF 0.38 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAV1NG A RADIUS OF 17.50 FEEr, A CHORD 8EARING OF NORTH 49'14'25" WEST AND A CHORD DISTANCE OF 22.77 FEET; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 81'10'55", AN ARC DlsrANCE OF 24.80 FEEr TO THE POINT OF TANGENCY; THENCE RUN NORTH 08'38'58" WEST FOR A DISTANCE OF 4.07 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY, HAV1NG A RADIUS OF 54.50 FEET, A CHORD BEARING OF NORTH 00'50'18" EAST AND A CHORD DlsrANCE OF 17.97 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18.58'33", AN ARC DISTANCE OF 18.05 FEET to rHE POINT OF TANGENCY; THENCE RUN NORTH 10'19'35" EAST FOR A DISTANCE OF 6.61 FEET, to THE POINT OF CURVATURE OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 59.70 FEEr, A CHORD BEARING OF NORTH 03'05'50" EAST AND A CHORD DISTANCE OF 15.03 FEET; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14'27'30", AN ARC DISTANCE OF 15.07 FEEr TO THE POINT OF TANGENCY; THENCE RUN NORTH 04.07'56" WEST FOR A DISTANCE OF 21.99 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 77.20 FEET, A CHORD BEARING OF NORTH 13.57'08" WEST AND A CHORD DISTANCE OF 26.33 FEET; rHENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19'38'25", AN ARC DISTANCE OF 26.46 FEET TO THE POINT OF TANGENCY; THENCE RUN NORTH 23'46'20" WEST FOR A DISTANCE OF 24.87 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAV1NG A RADIUS OF 166.70 FEET. A CHORD BEARING OF NORTH 11'44'33" WEST AND A CHORD DISTANCE OF 69.49 FEET; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24'03'34", AN ARC DISTANCE OF 70.00 FEEr TO THE POINr OF TANGENCY; THENCE RUN NORrH 00'17'14" EAST FOR A DISTANCE OF 114.96 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY, HAV1NG A RADIUS OF 29.50 FEET, A CHORD BEARING OF NORTH 44'46'30" EAsr AND A CHORD DISTANCE OF 41,34 FEEr; THENCE RUN NDRTHEAsrERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88'58'33", AN ARC DISTANCE OF 45.81 FEET TO THE POINT OF TANGENCY; THENCE RUN NORTH 8915'47" EAST FOR A DISTANCE OF 51.21 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2.00 FEET, A CHORD BEARING OF SOUTH 45'44'14" EAST AND A CHORD DISTANCE OF 2.83 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90.00'00", AN ARC DlsrANCE OF 3.14 FEET TO THE POINT OF TANGENCY; rHENCE RUN SOUTH DO.44't4" EAsr FOR A DISTANCE OF 27.55 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAV1NG A RADIUS OF 15.00 FEET, A CHORD BEARING OF SOUTH 45'44'14' EAST AND A CHORD DISTANCE OF 21.21 FEET; THENCE RUN SOUTHEASTERLY ALONG rHE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90'00'00', AN ARC DISTANCE OF 23.56 FEET TO THE POINT OF TANGENCY; THENCE RUN NORTH 89'15'46" EAST FOR A DISTANCE OF 5.00 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 5.00 FEET, A CHORD BEARING OF SOUTH 45'44'14" EAST AND A CHORD DISTANCE OF 7.07 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90'00'00', AN ARC DISTANCE OF 7.85 FEET TO THE POINT OF TANGENCY; THENCE RUN SOUTH 00'44'14" EAST FOR A DISTANCE OF 9.45 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 15.00 FEET, A CHORD BEARING OF SOUTH 45'44'14" EAST AND A CHORD DISTANCE OF 21.21 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90'00' 00", AN ARC DISTANCE OF 23.56 FEET TO rHE POINT OF TANGENCY; THENCE RUN NORTH 89'15'46" EAST FOR A DISTANCE OF 215.DO FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 15.00 FEET, A CHORD BEARING OF NORTH 44'15'46" EAST AND A CHORD DISTANCE OF 21.21 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90'00'00", AN ARC DISTANCE OF 23.56 FEET TO THE POINr OF TANGENCY; THENCE RUN NORTH 00'44'14" WEST FOR A DISTANCE OF 4.27 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 5.00 FEEr, A CHORD BEARING OF NORTH 17'26'05" EAST AND A CHORD DISTANCE OF 3.12 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36'20'37", AN ARC DISTANCE OF 3.17 FEET TO THE POINT OF TANGENCY; THENCE RUN NORTH 35'36'24" EAST FOR A DISTANCE OF 7.59 FEET; THENCE RUN SOUTH 00'42'29" EAST FOR A DISTANCE OF 306.16 FEET TO THE POINT OF BEGINNING. PARCEL ENCOMPASSING 101,941 SQ FT, 2.34 ACRES MORE OR LESS. NOT VAUD WITHOUT SHffTS 7, 2. :J AND 4 OF 4 1/7/09 Date ADD OVERALL PARCEL LOCATION (PAGE 4) Revision KDT By TITLE BLOCK A.BBREVIATIONS Eng. = ENGINEERING CO.A. = CERTIFICATE OF ALl7TlOIUZAT10N Lmulscp. = 1,ANDSCAPE No. - NUMBER P.O. - POST OFFICE L.B. = LICENSED BllSINESS ArciI.= ARCHITECTl1RAI. Lie. = LICENSED <D = COPYRiGHT Drawn by: K.D.T. Date; 12115108 Scale; N/A Job No, W13491 File: TRACT A.dwg Engineers Arc1litects Surpcyors Lalldst'apc Arch. Planllers EnvirownentaI Scientists Cunstnlctioll Mtll1agemcIlt Traffic/Tnmsporlrllioll (CO.A. No. nE,) (I.ie No. AA26IJ(926) (L./}.N".n4J) (Lie. No. LOWlJU29SJ 50U West Fulton Street Sanford, Fl. 32771 P.O. Box 2801:1 32772-2808 Pholte: 407.322.6841 Fl/X: 407.330.06-19 Walmart ,I~ CITY OF NAPLES, I COlliER COUNTY, FLORIDA Sheet 1 10f4 SKETCH AND DESCRIPTION @ 2008 Sketch and Description: THIS IS NOT A SURVEY COMPOSITE B (TRACT A) ABBREVIATION LEGEND: (^I - ACTUAL " - DELTA GOV'T - GOVERNM[~n PC - POINT OF CURVATURE R25E - RANGE 2S EAS, APPROX - APPROXIMATE (0) - DEED " - IDENTIFICATION pee POINT OF COMPOUND R - RADIUS Ave - AVERAGE (DE) - DEED EXCEPTION P - IRON 1'11'[ CURVATURE R" - RADIAL (BB) - BEARING BASIS DEPT - DEPARTMENT " - IRON ROD PCP PERf.lANENT CONTROL POINT REe - RECOVERED BLOG - BUILDING DiU - DRAINAGE ANi) UTILITY IR&C - IRON RFB/l.R & CAP co - PAGe REV - REVISION 8' - BENCH MARK EASEMENT L - ARCLENGTH i>GS - PAG.::S RP - RADIUS POINT (el -CALCULATED ELlV - ELEVATION CB, - LICENSFO FJJSIN[SS NUMRrR " - POINT OF INTERSECTION p/w - RIGHT-OF-WAY C -CHORD EOR EDGE OF PAVEMENT (') - MEASUI,LD rOB POINT OF BEGINNING SEC21 - SECTION 21 eA ~ CHORD BEARING [3MT EASEMENT , & D - NAIL AND DISK POC - POINT or COMMENCEMENT so - SQUARE CCR# - CERTifiED CORNER FOOT - FLORIDA DEPARTMENT OF " - NON-RADIAL POL - POINT ON LINE SO FT SQUARE FEET RECORD NUMBER TRANSPORTATION '" - NO SURVUOR IDENTIFlCAlnNPRC F'OINTOF RI::VERst m fANGENT BEARING e!L - CENTERLINE n- - f-INISH FLOOR "' NON-TANGENT CURVATURE T485 [OWNSHIP 48 SOUTH eM - CONCRETF. MONUME~T F" - FOUND OR OFFICiAL. RLCORDS pr,M f~ERMANENT REFERF:NCE (TYP) - TYPICAL CONC - CONCRETE Ff'&L - ~.LORIDA POWER AND LIGhT ORF! - OFFICiAL RECORDS BOOK MONUMt:Nr DE - UTILITY EASEMENT COR - CORNER (e) - GRID (STAlE PLANE) - PLAl p; POINTer rANGENCY wi - VI'lTH P8 - PLAT EJUCW Surveyor's Notes: 1. SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND ll-lE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WlTI-lDUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO ASSUMED DATUM AS BEING NORTH 89'49'52" WEST ALONG THE SOUTI-lERL Y LINE OF THE SOUTHEAST 14 OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST. 4. THE ~LEGAL DESCRIPTIOW HEREON WAS PREPARED BY lHE SURVEYOR PER TI-lE CLIENT'S REQUEST. 5. THIS SKETCH WAS PREPARED WlTI-lOUT THE BENEFIT OF AN ABSTRACT OR OPINION OF TIRE. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS-OF-WAY, AND/OR OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS NOTED. 6. THIS IS NOT A BOUNDARY SURVEY, THIS SKETCH ANO DESCRIPTION WAS PREPARED FROM INFORMATION FURNISHED TO THE SURVEYOR, NO FIELD SURVEY WAS PREPARED TO DEFINE OWNERSHIP. NOT VAUD IIfTHOUT SHEETS I. 2. :J AND -# OF -# 1/7/09 ADD OVERALL PARCEL LOCATION (PAGE 4) KDT By Date Revision Surveyor's Certification: I hereby certify that the attached "Sketch and Description" of the hereon-described property is true and correct to the best of my knowledge. information and belief as prepared under my direction on December 15. 2008 . I further certify that this "Sketch and Description" meets the minimum technical standards set forth in Chapter 61g17-6 of the Florida Admini:=trative code. DEe 1 4 2010 (/) J/) ~&- For the Firm By: 1.... l"_/ >/ ~ A-;;;:; Paul J. Y.olrei<, P.S.M. Professio:lal Surveyor and Mapper Florida Registration No. 6233 Lng. CO.A. Lalldscp. No. TiTLE BLOCK ABB[{EVIATI0NS =- ENGINEERING L.B. = LICENSrD BUSINESS = CERTTFTCilTE OF AUTHORIZATION Arch.= ARCHITECTURAL = I_ANLJSCAPE Lie. = LICL"NSLD = NUMBER P.O. = POST OFFICE 6 = COPYIUGllT Job No. W13491 File: TRACT A.dwg Engineers Arc11itects Surveyors Landscape Arch. Plallners Elwiromnent<l/ Scientists Constructioll Management TrafFc/Tftlllsporlation (C.O.A.Nv,.321SJ iLi<'. N".AA26(0926) (l,.1I. ''''0, 714.3) (Lic.N".LC0000298) Drawn by: K.D.T. Date: 12/15108 Scale: NIA Walmart ~'~ CITY OF NAPLES, I COLLIER COUNTY, FLORIDA Sheet SOU West ["/titan Street Stlr/fortf, Fl. 32771 P.O. Box 2808 32772-2808 Phone: 407.322.6841 Fax: 4U7.330.0639 2 2of4 SKETCH AND DESCRIPTION @ 2008 Sketch and Description: THIS IS NOT A SURVEY COMPOSITE 8 (TRACT A) 1\=90"00'00" R=2.00' A=88"58'33" L=3.14' R=29.50' C=2.83' L=45.81' CB=$45"44'14"E C=41.34'~ N89"1S'47"E CB=N44"46'30"E PT 51.21' PC " SOO"44'14"E 27.55' N8901S'46"E 5.00' A=36020'37" R=5.00' N35"36'24"E L=3.17' 7.59' C=3.12' CB=N 17"26'05"E 11=90oQO'OO" R=15.00' NOO"44'14"W L=23.56' 4.27' C=21.21' \ ~~ CB=N4401S'46"E -........ ~ " 215.00' ~ ( .6.=19"38'25" R=77 .20' L=26.46' C=26.33' CB=N13057'08"W .6.=90"00'00" R=5.00' L=7.8S' C=7.07' CB=$45044'14"E SOO"44'14"E PT 9.45' PC N89"15'46"E .6.=90"00'00" R=15.00' L=23.56' C=21.21' CB=S45"44'14"E .1\=90000'00" R=15.00' L=23.56' C=21.21' CB=S45"44'14"E !" ;,- -~ - m ~ . :-:!: 0_ o Z " ft,=14027'30" R=59.70' L=1S.07' C=15.03' CB=N03"OS'SO"E Nl0019'3S"E 6.81' N0803S'SS"W 4.07' .6.=Sl010'SS" R=17.50' L=24.S0' C=22.77' CB=N49014'25"W NS9049'S2'W O.3S' NOO"10'OS"E S.47' ~=24"03'34" PT R=166.70' L=70.00' C=69.49' CB=Nll"44'33" N23"46'20"W 24.S7' ~ " N04"07'56"W 21.99' TRACT A ENCOMPASSING 101,941 sa fT, 2.34 ACRES MORE OR LESS. .6.=lS"SS'33" R=54.50' L=18.0S' C=17.97' CB=NOO"SO'18"E b o ~ N89"49'S2"W 314.69' NORTHERLY RjW LINE OF l11Th AVENUE NORTH (D) NORTliERl Y RIGHT Of-- WAY LINE OF 111TH AVE N. PER ORB 1882, PG 675 --~ SOUTHERLY LINE OF THE SOUTH[ASl 14 OF' SECTION 21 NORTHERLY RIGHT OF WAY LINE OF l11TH AVE N. PER ORB 2462. PC 361 !" ro 9m om ~'"' o~ o Z \ '" .,; o M !" '" N N ;< o o "' N PO INTERSECTTQN OF NORTHmLY Rjw LINE OF' 111"fH AVENUE NORTH PER ORB 1882. PC 675 AND NORTHERLY RjW LINE Of 11lTH AVENUE NORTH PFR ORB 2642. PC 361 111th AVENUE NORTH I CR# 846 / IMMOKALEE ROAD (VARIABLE WIDTH PUBLIC RIGHT-Of-WAY PER VARIOUS RECORDED DOCUMENTS) GRAPHIC SCALE 100 0 ~ 50 I IN FEET ) 1 inch = 100 ft. NOT VAUD WITHOUT SHEETS 1. 2. :s AND ., OF ., 1/7/09 ADD OVERALL PARCEL LOCATION (PAGE 4) KDT Date Revision By Engineers Architects Surveyors Landscape Arch. l'lallllets EuvirOllllll!lItal Sc;elltists COllstructio1l MUIUfgemellt Traffic/ TraHspor/atitm (C.O.A.No.Jl1SJ (U".No,A.A2b()(l926) (LH. Nu. 7143) (Lie. No. I.C~UfJ()29S) 100 I (BEARING BASIS) N89049'52"W 551.17' N89'50'30"W (D) N89'49'O~"E (RjW MAP) -:;::>-,...... ..q- ~ R uj J. ~ .01 :J 12<:'\1 __ .....00 I.() ~8.J- ..."' N O u6 I ::J"" <( muo o ~tx~ 0::: w.....~ W .:.-,<;' I- ;> ~ <( 'b a:: I- ~w (j) eel. POC SOUTHEAST CORNER OF SECTION 21, TOI'>NSHIP 48 SOUTH, RANGE 25 EAST 200 I Drawn by: K.D.T. Date: 12/15108 Scale: 1"=100' Job No, W13491 File: TRACT A.dwg 50U West Fu/tort Street Sanford, Fl. 32771 1'.0, Box 2808 .32772-2808 Plwllt': 407.322.61141 Tax: 407.330.06.19 Walmart ~I~ CITY OF NAPLES, I COLLIER COUNTY, FLORIDA 3 Sheet 3of4 SKETCH AND DESCRIPTION @ 2008 Sketch and Description: THIS IS NOT A SURVEY COMPOSITE B (TRACT A) GRAPHIC SCALE 2~ 200 I 400 I 100 I IN FEET ) t inch ~ 200 It, OVERALL WAL-MART PARCEL NOT PLATTED FOLIO NUMBER; 00157481501 OWNER: WAL-MART STORES lNC 11225 TAMIAt.l1 TRL N N 111th AVENUE NORTH / CR# 846/IMMOKALEE ROAD (VARIABLE WIDTH PUBLIC RIGHT-OF-WAY PER VARIOUS RECORDED DOCUMENTS) NOT VAUD WITHOUT SHEETS 1. 2. :J AND 4 OF' 4 1/7/09 ADD OVERALL PARCEL LOCATION (PAGE 4) KDT Date Revision By Engine/'rs Arc1litects SUTueyors Landscape Arch. Planners EmJirolllnelltal Scientists COlIstructioll Management Tmffic/Tnmsportution Drawn by: K.D.T. Date: 1/7109 -_..,----_..._~- Scale: 1 "=200' >-- <(0 -;n. ;; J.~ . 0 I if) ION :j 1-00 ;; ~~.J. ,,'" N 006 I -F" <( lEua ~ ~~~ LlJ Wl-~ f- 00 ~ ~ e if) '00:: ~w <:-"- 2 8 2 Job No, W13491 File: TRACT A.dwg 5UU West Fllltoll Street San/mod, Fl. 32771 P.O. Box 2808 32772-2808 Phone: 407.322.6841 Fal: 407.330.0639 Walmart ~'~ CITY OF NAPLES, I COLLIER COUNTY, FLORIDA SKETCH AND DESCRIPTION (CO.II./\,,,.,32J,5) (Lic.N(I.:1J12601l926) (LR.Np,714J) (Lic. No. I.CO()(/()29S) Sheet 4 4 of 4 @ 2008 W~ ORlT~I~~O~~~~:~~~~~~;~~~~:E~~SUS~~~~LIP dmQ 4f let 5":f- 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 bas taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. lfthe document is already complete with the exceDtion of the Chairman's signature, draw a line througJ routinp" lines # I thrOU{dl #4, comnlete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routine: order) I. 2. 3. 4. A 5 Ian Mitchell, Supervisor, BCC Board of County Commissioners t- Ill/ Office J( 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pt=nding Bee approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chainnan's signature are to be delivered to the Bee office only after the BCe has acted to approve the item) Name of Primary Staff Summer Araque Phone Number 252-6290 Contact Agenda Date Item was 6/22/04 Agenda Item Number 16B5 Aooroved by the BCC Type of Document Conservation Easement Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, 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 Chainnan and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 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 are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 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 of BCC 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! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a licable. Yes (Initial) X (.'1\\ .,.J~ N/A (Not A licable) 2. 3. 4. 5. 6. f,), ~~,\ '. .) X'<;}\ \:{~ I: Fonns! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 OFFICE OF THE COllIER COUNTY ENVIRONMENTAL SERVICES DEPARTMENT INTEROFFICE MEMORANDUM TO: Board of County Commissioners of Collier County FROM: Summer Araque, Environmental Services Dept. DATE: December 28,2010 RE: Acceptance of Conservation Easement Attached is a Conservation Easement for the Wal-Mart Store #1957. In accordance with Resolution No. 2004-209, approved by the Board of County Commissioners on June 22, 2004 under Agenda Item No. 16B5, I am requesting that if this Conservation Easement is acceptable, please sign or stamp as to approval of this Conservation Easement, and forward it, along with the attachments, to the Clerk for attestation and recording. Thank you for your consideration of this matter. If you have any questions, feel free to contact me at (239) 252-6290. Attachments OFFICE OF THE COllIER COUNTY ENVIRONMENTAL SERVICES DEPARTMENT INTEROFFICE MEMORANDUM TO: Clerk to the Board, Board Minutes and Records FROM: Summer Araque, Environmental Services Department DATE: December 28, 2010 RE: Attestation and Recording of Conservation Easement Attached is a Conservation Easement for the Wal-Mart Store #1957, which has been approved by the Board of County Commissioners. Please attest as usual and hold the original documents until the applicant provides payment for recording. Then forward the packet to the Recording Department. Thank you for your assistance in this matter. Please send me a copy of the receipt via interoffice mail. Please send an email to SummerBrownAraque@colliergov.net when easement has been recorded. If you have any questions, feel free to contact me at (239) 252-6290 Attachments Routing Slip Conservation Easement ITEM NO.: FILE NO.: ROUTED TO: DATE REC'D: \0 -z::-w 5 - 00430 Date: December 28, 2010 DO NOT WRITE ABOVE THIS SPACE (Orig. 9/89; Rev. 6/97) REQUEST FOR LEGAL SERVICES b,_, ~ ~ To: Office of the County Attorney,Ot.J'! /-7~ II c. '. r"'~ Attn: Heidi Ashton-Cicko \ ~ \011l \<(1(\ From: Summer Araque, Senior Environmental Specialist u\ I (t') , Environmental Services Section - CDES nl 0 ce# . Telephone #: 239-252-6290 rA.J' ctc.J.-; 10 ,", Re: Wal-Mart Store #1957 SDPA-2008-AR-12745 BACKGROUND OF REQUEST/PROBLEM: Please provide legal review of conservation easement. Documents and exhibits attached~ " ~tt~~ J b~\\ \\~\ CL' This item been previously submitted. DYes X No (If previously submitted provide County Attorney's Office File No. ) ACTION REQUESTED: Please provide review of conservation easement package for legal sufficiency. Please notify me regarding any easements or encumbrances in the preserve area prior to approval. LDC section 3.05.07 H 1 d states in part: No individual residential or commercial lot. parcel lines, or other easements such as utility or access easements, may project into a Preserve. OTHER COMMENTS: Attached is the conservation easement with legal description and sketch, Title Opinion, and site visit notes. Applicant's contact information including phone number. address and email: Kelly Zublick Executive Assistant CPH Engineers, Inc. 2216 Altament Avenue Fert Myers, FL 33901 Office: 239-332-5499 x.1 04 Fax: 239-332-2955 \}k~ ~\\ H:\Environmental Services\Conservation Easement forms\current procedures - 2009