E's Country Stores Tri-Party Agreement
INSTR 4531187 OR 4656 PG 1931
RECORDED 3/1/2011 3:45 PM PAGES 19
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $163.00
TRI-PARTY DEVELOPER AGREEMENT
E'S COUNTRY STORES
THIS TRI-P ARTY DEVELOPER AGREEMENT (hereinafter referred to as the
"Agreement") is made and entered into this 11th day of January, 2011, by and between E'S
COUNTRY STORES, LLC, a Florida Limited Liability Company, whose mailing address is
21246-C Clubside Drive, Boca Raton, Florida 33434 or its successors or assigns (hereinafter
referred to as "E's"), ROBERTO BOLLT, as Successor Trustee under Land Trust Agreement
dated January 27, 1986, recorded in Official Records Book 1347, Page 2331, and amended June
26, 1996, and recorded in Official Records Book 2250, Page 1827, both of the Public Records of
Collier County, Florida, whose mailing address is 4500 Executive Drive, Suite 110, Naples, FL
34119 or its successors or assigns (hereinafter referred to as "Commercial Developer''), and
COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter
referred to as "County").
R E C I TAL S:
WHEREAS, E's owns and operates E's Country Store located at the southeast comer of
Immokalee Road and Oil Well Road (street address 14344 lmmokalee Road, Collier County
Property Appraiser Folio No. 64700625608); and
WHEREAS, Commercial Developer owns a vacant parcel adjacent to E's Country Store
and intends to develop the parcel as is permitted from time to time under applicable laws, rules
and regulations (Collier County Property Appraiser Folio No. 64700625501) ("Commercial
Property"); and
WHEREAS, there is an existing driveway connection from the E's parcel to Oil Well
Road; and
WHEREAS, under the current Oil Well Road construction plans (Collier County Project
No. 60044, currently under construction), a raised median in the County's road right-of-way will
limit vehicular turning movement to E's (see Exhibit "A" depicting existing conditions, access
and proposed improvement concepts); and
WHEREAS, County plans to close the Valencia Drive connection to Oil Well Road
which could give rise to a claim for damages by E's and/or Commercial Developer, and B's and
Commercial Developer are willing to release their respective claims on the basis of the
agreements set forth herein; and
WHEREAS, E's and Commercial Developer desire that the Oil Well Road access be
improved such that west-bound vehicles on Oil Well Road may turn left into E's CountIy Store
and Commercial Developer's parcel; and
WHEREAS, the County, E's and Commercial Developer propose to construct the
improvements depicted on Exhibit "B" in two phases (each to construct that portion of the
improvements as set forth in this Agreement); and
\
WHEREAS, the first phase (designated "Phase I" on Exhibit "B") shall consist of
construction of a westbound left turn lane in the County's road right-of-way and an internal drive
on the Commercial Property as depicted on Exhibit "B" {"Phase One Improvements"):and
WHEREAS, the second phase (designated "Phase 2" on Exhibit "B") shall consist of
construction of an eastboWld deceleration and right turn lane, closure of the western access
driveway to E's, construction of a new access point and internal drive on the Commercial
Property to serve E's and Commercial Developer, and construction of a turnaround at the closure
of Valencia Drive south of Oil Well Road as shown on Exhibit "B" ("Phase Two
Improvements"); and
WHEREAS, the relocated access drive to E's on the Commercial Property (as depicted in
Exhibit "B") will be located farther east from the intersection of Oil Well Road and Immokalee
Road which is a public benefit; and
WHEREAS, the County will, using its prime contractor for the Oil Well Road expansion
project (Mitchell and Stark Construction, Inc.), construct the median opening and westbound left
turn lanes as shown on the Phase One Improvements; and
WHEREAS, E's will construct the Phase One Improvements located on its parcel and on
the Commercial Property, including those areas hereinafter defined as "Easement Property" (and
the County has no objection to E's utilizing the County's prime contractor to do so, at E's
option); and
WHEREAS, Commercial Developer will, subject to the terms of this Agreement and
issuance of applicable permits, construct the Phase Two Improvements; and
WHEREAS, County has no objection to E's Wldertaking, at its sole cost and expense, the
redesign of the Oil Well Road roadway plans to incorporate the Phase. One Improvements in
Exhibit "B" and likewise to E's construction of said Phase One Improvements located on E's
parcel and the Commercial Property at E's sole cost and expense as long as all required
jurisdictional agency permits, including County right-of-way permit, are secured prior to
construction; and
WHEREAS, should the County design or build any Phase Two Improvements before it is
constmcted by E's or the Commercial Developer, the County shall be reimbursed for its actual
construction costs at the time the Commercial Developer commences construction of the Phase
Two Improvements; and
WHEREAS, County has no objection to Commercial Developer undertaking, at its sole
cost and expense, the design and construction of the Phase Two Improvements located on E's
parcel and the Commercial Property, including those areas hereinafter defined as "Easement
Property," as long as all required jurisdictional agency permits, including County permits, are
secured prior to construction; and
Page 2 of 10
WHEREAS, E's and Commercial Developer agree and understand that County reserves
the right to modify the left-in median opening on Oil Well Road as depicted in Exhibit "B" in its
sole discretion based on documented safety and/or capacity reasons and the other provisions of
this Agreement set forth below; and
WHEREAS, each of E's and Commercial Developer proposes to conveyor grant to
County as fee simple or road and utility easements (as determined by each of E's and
Commercial Developer, each in their sole discretion), at no cost to County, either dedications of,
or perpetual non-exclusive easements for: (i) road right-of-way and slope and utility easements
for the right turn lane; (ii) slope and utility easements for the construction of Oil Well Road and
for traffic control devices; (iii) easements to construct a turn-around near the end of Valencia
Drive, as depicted and on those lands described in Exhibits "C", "D", "E", "F", "G", "H", and
"I" attached hereto and made a part hereof (Exhibits "c" through "I" are hereinafter collectively
referred to as the "Easement Property"); and
WHEREAS, E's and Commercial Developer desire to either convey fee simple title to the
County, or grant easements to County, for the stated purposes, over certain portions of their
respective properties, on the terms and conditions set forth herein; and
WHEREAS, as compensation for the conveyance of the Easement Property, design of
Phase One Improvements and the Valencia Drive turnaround, the future relocation of the current
E's access on Oil Well Road and the release of claims for the severance of the connection of
Valencia Drive to Oil Well Road, County agrees to construct the Phase One Improvements
within the public right of way, including modifications to the south side of roadway north ofE's
and the Commercial Property and a directional median opening with turn lane storage, none of
which are located on the E's parcel or the Commercial Property; and
WHEREAS, E's and Commercial Developer intend to negotiate and enter into an
Operation and Easement Agreement ("OEA") with commercially reasonable terms acceptable to
each of them in each one's sole discretion, to be recorded, which will provide. among other
things, for matters relating to vehicular movements to and from E' s' property from Commercial
Developer's parcel and to and from Commercial Developer's parcel from E's property, and
which will set forth the obligations, benefits and agreements, including cost-sharing of the Phase
Two Improvements described below, between E's and the Commercial Developer, arising out of
or relating to this Agreement. The County is not a party to the OEA and is not bound by it terms;
however, the completion of an OEA shall be deemed a condition to the execution of this
Agreement by E and the Commercial Developer; and
WHEREAS, the Transportation Administrator has recommended to the Board of County
Commissioners that the improvements set forth in this Agreement (hereinafter referred to as the
"Proposed Plan") are in conformity with contemplated improvements and additions to the
County's transportation network; and
WHEREAS, after reasoned consideration by the Board of Commissioners, the Board
finds and reaffirms that;
Page 3 of 10
a. The Proposed Plan is in conformity with the contemplated improvements and
additions to the County's transportation system;
b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans,
including those from other developers, will not adversely impact the cash flow or
liquidity of the County in such a way as to frustrate or interfere with other
planned or ongoing growth-necessitated capital improvements and additions to
the County's transportation system; and
c. The Proposed Plan is consistent with both the public interest and with the
comprehensive plan, including the most recently adopted five-year capital
improvement program for the County's transportation system and the Long Range
Transportation Plan.
WITNES SETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
Deal Terms Coneerning Collier County
2. The improvements will be constructed in two phases, as depicted in Exhibit "B."
3. Phase One is the left turn lane within Oil Well Road, the median opening and the
on-site improvement extending the left turn lane through the Commercial Property to E's
property as depicted in Exhibit .'B." The County will build the left turn lane and revised road
plan as part of the existing Oil Well Road project. E's will build the onsite improvements for
Phase One.
4. E's will be responsible for designing and getting permits for all Phase One
Improvements and the Valencia turnaround in Phase Two. Construction of the Phase One
Improvements is addressed in item 3 above.
5. The County will utilize the cost savings resulting from the slope construction in
lieu of the stem wall and guard rail to construct the left turn lane and median opening. Any
proceeds left over will go to the County and will not be utilized to construct on-site
improvements.
6. The Commercial Developer will design, permit and construct all Phase Two
Improvements excluding the turnaround. There will be no CDs issued to the Commercial
Developer until the Phase Two Improvements are complete. The existing E's entrance on Oil
Well Road is relocated as part of Phase Two. The County can build the turnaround prior to
Commercial Developer's construction of same, and the Commercial Developer will reimburse
Page 4 of 10
the County for construction costs when it builds the Phase Two Improvements. If the County
elects to construct the turnaround, the Commercial Developer shall reimburse the County the
actual, reasonable out-of-pocket ''hard' construction costs, based on reasonable evidence of
same, at the time Commercial Developer commences the construction of the remaining Phase
Two Improvements or prior to issuance of the CO. If the County desires to construct some or all
of the Phase Two Improvements, other than the turnaround, prior to the time the Commercial
Developer elects to construct same; (i) the County and Commercial Developer shall seek to
negotiate an agreement, satisfactory to each of them (each in their sole and absolute discretion),
which provides for, among other things, the manner of calculation and the amount of costs to be
reimbursed the County by Commercial Developer, the furnishing of lien releases by the
contractor and its subcontractors, the obligation to bond or satisfy liens, builder's risk or
commercial general liability insurance, indemnification for acts and omissions of the contractor
and subcontractors, and such other matters as each of the Commercial Developer and the County
shall elect; and (ii) the County shall thereafter construct such Phase Two Improvements pursuant
to the agreement.
7. All necessary easements or fee interests for both phases will be conveyed at no
cost to the County within thirty (30) days of the execution of this Agreement by the last of the
parties,. These easements and fee interests are set forth in Exhibits "C", "D", "E", "F", "0", "H"
and "1", and shall be free of any liens, encumbrances, exceptions, or qualifications, except for
real estate taxes and assessments.
8. After the median is constructed, the BCC may at any time permanently close the
left turn lane median if it determines in its sole discretion that a hazardous condition exists.
Transportation Staff may temporarily close the left turn median at any time Staff determines that
a hazardous condition exists, but must take the closure the issue to the Board at the next regularly
scheduled Board meeting. The County agrees that it will take a period of two years after Oil
Well Road is completed and open before traffic will stabilize. E's and Commercial Developer
agrees and understands that after the two year period, County reserves the right to close said
median opening in the event that traffic queues back from the Immokalee Road intersection past
the median opening constructed as part of the Phase One Improvements.
9. Because E' s Country Store was constructed under a less stringent landscape
buffer requirement per their existing approved Site Development Plan (SDP 89-48) issued over
20 years ago, the impact of the slope easement and compensating right of way warrants a
reduction of the required landscape buffer for the site in the event of any future redevelopment.
Under the Collier County Land Development Code in existence as of the effective date of this
Agreement (hereinafter referred to as "LDC") a 15 ft Type D buffer along the Oil Well Road
would be needed. The LDC has a provision to provide relief from this when there is a right of
way taking. Per LDC Section 9.03.07.2.a "Landscape Buffer may be reduced from the required
width or depth, but shall not result in a buffer less than five (5) feet in width or depth..." Also,
the LDC allows the Buffer to be displaced. In accordance with the LDC the required buffer
along E's Country Store Oil Well Road frontage (355ft) is reduced to 5 ft and the buffer maybe
displaced to the south side of the property, as applicable. The existing buffer on the site as
approved in SDP 89-048 will apply to the site until the site is redeveloped. The Commercial
Property frontage along Oil Well Road will fully meet the landscaping buffer provisions of the
Page 5 ofl0
Land Development Code in effect as of the date of its development notwithstanding the slope
easement and turn lane dedications.
10. E's and Commercial Developer each hereby release any and all claims of any
kind which either may have against the County, its employees or agents resulting from the
closure of the Valencia Drive connection to Oil Well Road. E's and Commercial Developer
hereby hold the County harmless and agree to indemnify the County for any and all claims, other
than due to the County's (or its agents or employee's) willful acts or negligence, related to the
design and the construction of the Phase One Improvements located on the E's parcel. E's
hereby holds the County harmless and agrees to indemnify the County for any and all claims
related to environmental contamination caused by E's, attorney's fees and costs pertaining
thereto with regard to the E's Easement Property.
11. Commercial Developer shall not be responsible for the failure of E's to perform
its obligations hereunder, and E's shall not be responsible for the failure of Commercial
Developer to perform its obligations hereunder, and a failure by either Commercial Developer or
E's to perform its obligations hereunder shall not be a default of the other (Commercial
Developer or E's) under this Agreement. In the event that E's or Commercial Developer shall
fail to timely conveyor provide easements as to the property interests to the County as required
hereunder, or to timely permit the Phase One Improvements, this Agreement shall automatically
terminate and be of no further force or effect. In the event the County shall fail to initially
constmctthe Phase One Improvements it is obligated to construct, this Agreement shall be
terminated and any property interests conveyed or easements granted by one party to another
party shall be released or re-conveyed to the party conveying the property interest or granting the
. easement.
Deal Terms Between E's and Commercial Developer
12. Within thirty (30) days of the execution of this Agreement by the last of the
parties, Commercial Developer shall grant to E's, in form and content reasonably acceptable to
E's and the Commercial Developer, all easements reasonably necessary to provide E's with
temporary access over that portion of the Commercial Developer's vacant property adjoining the
areas to be improved by E' s, to construct and maintain the Phase One Improvements (other than
those being constructed by the County) depicted in Exhibit "B" that are located on the
Commercial Developer's parcel. In addition, Commercial Developer shall provide to E'g an
access easement (in form and content reasonably acceptable to E'g and the Commercial
Developer) for E's customers and employees over all roadway improvements depicted on
Exhibit "B" from time to time constructed within the Commercial Developer's parcel.
13. Within thirty (30) days of the execution of this Agreement by the last of the
parties, E' s shall grant to Commercial Developer in form and content reasonably acceptable to
E's and the Commercial Developer, all easements reasonably necessary to provide Commercial
Developer with temporary access over that portion of E's property adjoining the areas to be
improved, to construct the Phase Two Improvements depicted in Exhibit "B" that are located on
the Erg parcel. In addition, E'g shall provide to Commercial Developer an access easement (in
form and content reasonably acceptable to E's and the Commercial Developer) for Commercial
Page 6 of 10
Developer and its tenants, and its and their agents, employees, licensees, invitees, tenants and
subtenants, and all successors and assigns customers and employees, over all roadway
improvements depicted on Exhibit "B" from time to time constructed within the E's parcel.
Standard Form Legal Provisions
14. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
15. This Agreement is intended to run with the land. The burdens of this Agreement
shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest
to the parties to this Agreement. E's and Commercial Developer may, as between themselves
and their successors and assigns, in the OEA assign and/or allocate portions of their respective
obligations under this Agreement.
16. E's and Commercial Developer acknowledge that the failure of this Agreement to
address any permit, condition, term or restriction shall not relieve either the applicant or owner,
or its successors or assigns, of the necessity of complying with any law, ordinance, rule or
regulation governing said permitting requirements, conditions, terms or restrictions.
17. In the event state or federal laws are enacted after the execution of this
Agreement, which are applicable to and preclude in whole or in part the parties' compliance with
the terms of this Agreement, then in such event this Agreement shall be modified or revoked as
is necessary to comply with such laws, in a manner which best reflects the intent of this
Agreement. In the event the County is precluded from constructing in whole or in part the Phase
One Improvements it is obligated to construct hereunder, this Agreement shall automatically
terminate and any property interests conveyed (or easements granted) by one party to another
party shall be released or re-conveyed to the party conveying the property interest.
18. This is the entire agreement between the parties with respect to the matters set
forth herein, and any prior agreements or understandings of any kind are hereby merged and
integrated herein. Except as otherwise provided herein, this Agreement shall only be amended by
mutual written consent of the parties hereto or by their successors in interest. All notices and
other communications required or permitted hereunder shall be in writing and shall be sent by
Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service,
and addressed as follows:
As to Commercial Developer:
Roberto BoUt
4500 Executive Drive
Suite 110
Naples, Florida 34119
Page 7 of 10
With copy to:
With copy to:
As to E's:
With copy to:
As to County:
With copy to:
",I,
Stephen Lowitz
Orangetree Associates
3521 N. 53rd Avenue
Hollywood, Florida 33021
Marshall J. Emas, Esq.
Shutts & Bowen LLP
200 East Broward Boulevard
Suite 2100
Ft. Lauderdale, Florida 33301
Burton Eisenbud
21246-C Clubside Drive
Boca Raton, Florida 33434
Richard D. Yovanovich, Esq.
Coleman, Yovanovich & Koester, P.A.
Northern Trust Bank Building
4001 Tamiami Trail North
Suite 300
Naples, Florida 34103
County Manager
Hannon Turner Building
3299 East Tamiami Trail, Suite 200
Naples, Florida 34112
County Attorney
Hannon Turner Building
3299 East Tamiami Trail, Suite 800
Naples, FL 34112
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
19. Roberto Bollt has executed this Agreement on behalf of the trust ("Trust'') for
which he serves as trustee ("Trustee") solely in the capacity of trustee and not individually.
Therefore, notwithstanding anything to the contrary contained in this Agreement, the parties
agree that (i) all covenants, agreements, undertakings and other obligations of the Commercial
Developer, or pursuant to any documents, instruments or agreements provided pursuant hereto,
or which involve the Commercial Property or any portion thereof, are not intended to impose,
and shall not be construed as imposing, any personal or other liability upon Trustee and are
solely those of (and shall be performed by) the Trust; (ii) this Agreement has been executed by
Trustee as a trustee for the Trust, pursuant to the authority conferred upon him by the agreements
governing the Trust and without imposing upon him any liability or obligations; and (Hi) no
party shall have any claim, demand, action or cause of action whatsoever against Trustee (or
Page 8 oft 0
against any assets or properties other than those of the Trust) arising out of or relating to this
Agreement or the transaction contemplated hereby and shall look solely to the Trust for matters
involving same.
20. This Agreement shall be recorded by the County in the Official Records of Collier
County, Florida, within fourteen (14) days after the County enters into this Agreement.
Developers shall pay all costs of recording this Agreement. The County shall provide a copy of
the recorded document to the Developers upon request. The County shall promptly, from time to
time upon request, confirm in writing for the benefit of E's and/or Commercial Developer, and
each one's respective successors and assigns, whether the obligations of a requesting party have
been fulfilled or, if not, the status of same, and whether this Agreement has been amended. In
addition, upon request at the time of completion of the Phase One Improvements and/or the
Phase Two Improvements, the County shall provide a statement, which may be recorded,
confirming such completion.
21. In the event of a dispute under this Agreement, the parties shall first use the
County's then-current Alternative Dispute Resolution Procedure. Following the conclusion of
this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier
County to enforce the terms of this Agreement, said remedy being cumulative with any and all
other remedies available to the parties for the enforcement of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: '1uJ-W. ~
FRED W. COYLE, Chairm
E'S COUNTRY STORES, LLC, a Florida
limited liability company
DATED: )..1:\".
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Witness (Signature)
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Page 9 of 10
DATED:
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Approved as to form
1Z:v~
~ J ffrey A. Kl ow
County Attorney
By:
RO
T STEE under Land Trust
Agreement dated January 27, 1986,
recorded in Official Records Book 1347,
Page 2331, and amended June 26, 1996,
and recorded in Official Records Book 2250,
Page 1827, both of the Public Records
of Collier County, Florida
Page 10 of 10
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Exhibit "C"..Road Right of Way Easement
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North 11 feet of the East 250 feet of the West 380 feet of Parcel 1,
ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1-A,
ACCORDING TO THE PLAT THEREOF, RECORDED IN Plat Book 14,
Page 121, of the Public Records of Collier County, Florida.
South Right-at-Way Line at Oil Well Road
11 '
179.95'
250'
E'S Country Store
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Collier County Growth Management Division - Transportation Engineering Department
11/05/1010:01 AM
Exhibit "0" Utility and Slope Easements
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The South 11 feet of the North 22 feet of the East 260 feet, together with
the North 11 feet of the West 105 feet, of the West 380 feet of Parcel 1,
ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1-A,
ACCORDING TO THE PLAT THEREOF, RECORDED IN Plat Book 14,
Page 121, of the Public Records of Collier County, Florida.
South Right-ot-Way Line ot Oil Well Road
105'
179.95'
11 '
260'
E'S Country Store
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Collier County Growth Management Division - Transportation Engineering Department
11/24/10 10:26 AM
Exhibit "E" Road Right of Way Easement
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North 11 feet of the West 90 feet of the East 179.95 feet of Parcel 1 ,
ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1-A,
ACCORDING TO THE PLAT THEREOF, RECORDED IN Plat Book 14,
Page 121, of the Public Records of Collier County, Florida.
South Right-at-Way Line at Oil Well Road
11 '
89.95'
90'
E'S Country Store
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Collier County Growth Management Division - Transportation Engineering Department
11/05/109:57 AM
Exhibit "F" Utility and Slope Easements
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North 11 feet of the East 89.95 feet, together with the the South 11
feet of the North 22 feet of the West 100 feet, of the East 179.95 feet of
Parcel 1 , ORANGETREE UNIT THREE, CITRUS GREENS SECTION,
PHASE 1-A, ACCORDING TO THE PLAT THEREOF, RECORDED IN Plat
Book 14, Page 121, of the Public Records of Collier County, Florida.
South Right-at-Way Line at Oil Well Road
89.95'
11 '
100'
E'S Country Store
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PARCEL 1,
ORANGETREE UNIT
THREE, CITRUS
GREENS SECTION,
PHASE 1-A
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Collier County Growth Management Division - Transportation Engineering Department
11/24/10 10:35 AM
EXHIBIT "G"
SKETCH & DESCRIPTION
A PARCEL OR "TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COWER, LYING IN SEC1tON 23. TOWNSHIP
48 SOOTH, RANGE 27 EAST. AND BEING A PORTION OF PARCEL 1 OF ORANGETREE UNIT THREE, CfiRUS GREENS SECTION,
PHASE l-A,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 121 OF THE PUBLIC RECORDS OF
COWER COUNTY, FLORII)A. AND BEJNG FURTHER DESCRIBED AS FOLLOWS:
COMMENClNG AT THE NORTHM:STERLY MOST CORNER OF VALENCIA DRIVE ACCORDING TO THE PLAT Of ORANGETREE UNIT
THREE, crmus GREENS SECllON. PHASE 1-A, RECORDED IN PlAT BOOK PLAT BOOl< 14. PAGE 121. OF THE PUBLIC RECORDS
Of COWER COUNTY. FLORIDA, ALSO BEING ON TilE SOUTH RIGHT-Of-WAY LINE Of OIL WELL ROA!>, STATE ROAD S~BS8,
100 FIET 'MOE RIGHT-OF-WAY, AND ON AN ARC OF A CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 40.00
FEET; THENCE SOUTHEASTERLY, ALONG lliE M:STERlY RIGHT-Of-WAY OF VAlENCIA DRIVE AND ALONG THE ARC OF A
CURVE TOlliE RIGHT FOR 62.83 FEET, lliROUGH A CENiRAL ANGLE OF 90W'OO., BElNGSUBTENDED BY A CHORD ThAT
BEARS $.44'53'08'E. AT 56.57 FIET; THENCE S.00"06'5Z.W.. ALONG THE \\ESTERLY RIGHT-Of-WAY OF VALENClA DRIVE (100
FUT WIDE RIGHT-Or-WAY) A DISTANCE Of 67.88 FIET TO THE POINTOf BEGINNING OF ThE HEREINDESCRIBm PARCEL;
THENCE CONllNUE ALONG SAlD RIGHT-OF-WAY, S.00"06'S2"W., A DISTANCE OF 100.17 FEET TO A POINT ON A
NON-TANGENTIAL CURVE CONCAVE EASTtRLY AND HAVING A RADIUS Or 63.00 fEET; THENCE NORTHERLY 115.79 FEET
ALONG TH,[ ARC Of THE CURVE. TO THE RIGHT THROUGH A CENiRAL ANGlE Or 10S'18'ZS",BEING SUBTENDEO BY A CHORD
THAT BEARS N.00"06'S1"E. AT 100.17 m:r TO THEPOlNT Or BEGINNING.
THE DESCRIBED PARCEL CONTAINS 1733 SQUARE FEET OR D.040 ACRES, MORE OR LESS.
SUBJECT TO EASEMENlS. RESiRICll0NS, RESERVATlONS AND RlGHlS-Of-WAY OF RECORa.
BEARINGS ARE BASED ON THE PLAT OF ORANGETREE UNIT THREE, CliRUS GREENS SECTION, PHASE 1-A.
PLAT !lOOK 14, PAGE 121, PUSUC RECORDS Of COLLIER COUNTY, FLORIDA.
OIL WELL ROAD
---- -.........
POINT OF " 0-
COMMENCEMENT \
~Mlr \
~ UWlllllRtt
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PHASE I-A
P.D. 14. PC. 121
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DELTA ANGLE
90"00'00"
105'182&"
CURVE: TABLE.
ARC CHORD
62.63' 56..57
115.19 100.11
- mJS 18 Nor... SlJBVIiY .....
RHODES & RHODES
D SURVEYING, IN
UCENSE #LB 6891
THOMAS Er. RHOI.JCS, S'R" P.S.U. 5854
28100 BONITA GRANDE
BONITA SPRINGS, FL 34
PHONE: (299) 405-811111 FAX: (239)
0:1
EXHIBIT "H"
SKETCH & DESCRIPTION
A PARCEL OR "TRACT Of LAND SITUATED IN THE STATE Of flORIDA, COUNTY OF COLUER, LYING IN SECTION 23,
TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND BEING A PORTlON OF PARCEL 1 Of ORANGE"TREE UNIT THREE, CITRUS
GREENS SECTION. PHASE 1-A, ACCORDING TO THE PLAT THEREOf RECORDED IN PLAT BOOK 14, PAGE 121 OF THE
PUBUC RECORDS OF COlLIER COUNTY. fLORIDA, AND BEING FURTHER DESCRlBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY UOST CORNER Of VALENCIA DRIVE ACCORDING TO THE PLAT Of ORANGETREE
UNIT TI-lREE, CllRUS GREENS SECTION, PHASE I-A, RECORDED IN PLAT 800K PLAT BOOK 14, PAGE 121, Of TI-lE
PUBLIC RECORDS OF COLLIER COUNTY. fLORIDA, AlSO OONG ON THE SOUTH RIGHT-OF-WAY UNEOf OIL WELL ROAD,
STATE ROAD 5-858, 100 fEET WIDE RIGHT-Of-WAY, AND ON AN ARC OF A CURVE, CONCAVE SOUTHWESTERLY AND
HA'ANG A RADIUS Of 40.00 fEET; THENCE SOUTHEASTERLY, AlONG THE WESTERLY RIGHT-Of-WAY OF VALENCIA DRIVE
AND ALONG THE ARC OF A CURVE TO THE RIGHT FOR 62,83 FEET, THROUGH A CENTRAL ANGLE Of 90'00'00., BEING
SUBTENDro BY A CHORD THAT BEARS 5-44-'53'08"E. AT 56.57 fEET; THENCE S,00'06'52"W., ALONG THE WESTERLY
RIGHT-Of-WAY OF VALENCIA DRIVE (100 FEET WIDE RIGHT-or-WAY) A DISTANCE OF 55m FEET TO THE POINT Of
BEGINNING OF TI-lE HEREIN DESCRIBED PARCEl; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY, 5,00'06'52"W., A
DISTANCE OF 12,11 FEET TO A POINT ON A NON-TANGENllAL CURVE CONCAVE EASTERLY HA\1NG A RADIUS OF 53,00
fEET; THENCE SOUTHERLY 115.79 FEET ALONG 'lHE ARC Of THE CURVE TO 'lHE LEfT THROUGH A CEN11lAl ANGLE Of
10518'26", BEING SUBTENDED BY A CHORD THAT BEARS s.OO'06'52"W. AT \00.17 fEET; THENCE S,OD'06'52"W., II
DISTANCE OF 12.11 FEET TO A POINT ON A NON-TANGENllAL CURVE COI>lCAVE EASTERLY HAVING A RADIUS OF 73.00
fEET; THENCE I>lORTHERLY 148,89 fEET ALONG THE ARC Of TI-lt CURVE TO THE RIGHT THROUGH A ~"TRAI. ANGLE OF
116'51'40", BEING SUBTENDro BY A CHORD THAT BEARS N.00'06'52"E. A1' 12,LS9 FEET TO THE POINT Of BEGINNING.
THE DESCRIBED PARCEL CONTAINS 1324 SQUARE FEET OR 0.030 ACRES, MORE: OR LESS,
SUBJECT TO EASEI.IENTS, RESTNICll0NS, RESERVATIONS AND RIGHTS-Of-WAY Of RECORO.
BEARINGS ARE BAsED ON THE PlAT OF ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE I-A,
PLAT BOOK 14, PAGE 121. PUBUC RECORDS Of COLLIER COUNTY, noRIOA.
OlL "WELL ROAD
POINT OF -........" q"
COMMENCEMENT \
~OIIIr \
~ UNtT THR!E I
Cll1\\lS (;l1WIS SEC1l(l.l. I
_'-A
P.B~ 14. PG:.. 121
POINT Of
BEGINNING
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THOMAS E; RHOOES, SR.. P.S.U. 5854
ill
EXHIBIT "I"
SKETCH & DESCRIPTION
A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF flORIDA, COUNTY OF COWER, LYING IN SEC110N 23,
TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND BEING A PORllONOF PARCEL 1 OF ORANGETREE UNIT lHREE, CITRUS
OOEENS SECllON. PHASE 1-A, ACCORDING to THICPLAT illEREOF RECORDED IN PLAT 0001< 14, PAGE 121 OF THE
PUIlUC RECORDS OF COLUER COUNTY, FlORIOA, AND BEING FUR11:iER DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY MOST CORNER OF VALENCIA DRIVE ACCORDING TO "!HE PLAT OF ORANGETREE
UNIT THREE, CITRUS GREENS SECTION. PHASE 1-A, RECOROED IN PLAT BOOK PLAT BOOK 14, PAGE 121, OF THE
PUBLIC RECORDS OF COLUER COUNTY. flORIDA, ALSO BEiNG ON THE SQUill RIGHT-OF-WAY LINE Of OIL WELL ROAD,
STATE ROAD $-858. 100 fEET WIDE RIGHT-OF-WAY. AND ON AN ARC Of A CURVE. CONCAVE SOUTHWESiERLY AND
HAVING A RADIUS OF 40.00 FEET: lHENCE SOUlHEASTERLY, ALONG THE WES1tRLY RIGHT-OF-WAY Of VALENCIA DRIVE
AND ALONG THE: ARC Of A CURVE TO THE RiGHT roR 02.83 fEET, THROUGH A CENTRAL ANGLE Of 90'00'00", BEING
SUB TENDED BY A CHORD THAT BEARS S.44"53'08"[ AT 56.57 FEET;lHENCE ROO'06'52"W., ALONG THE WES1tRLY
RIGHT-Of-WAY OF VALENCIA DRIVE (100 FEET WIDE RIGHT-OF-WAY) A DISTANCE OF 42.04 FEET TO THE POINT Of'
BEGINNING Of THE HEREIN DESCRIBED PARCEl; THENCE CONTINUE ALOI\IG SAID RIGHT-OF-WAY. S.OO'06'52"W., A
DISTANCE Of 13.73 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF 73.00
FEET: illENCE SOUTHERLY 148.89 FEET ALONG illE ARC OF THE CURVE TO lHE LEFT THROUGH A CENTRAL ANGLE OF
110'51'40', BEING SUa1tNOEO BY A CHORD THAT BEARS ROO'OS'52"W. AT 124.39 FEET: THENCt ROO'OS'52"W., A
DISTANCE OF 13.73 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVt: EASTERLY HAVING A RADIUS OF 85.00
FEET: lHENCE NORTHERLY 187.76 FEET ALONG illE ARC OF lHE CURVE TO lHE RIGHT lHROUGH A CENTRAL ANGLE OF
126'33'40", BEING SUBTENOEO BY A CHORD THAT BEARS N.00'06'52"E. AT 151.85 fEET TO THE POiNT OF BEGINNING.
THE DESCRIBED PARCEL CONTAINS 2020 SQUARE FEET OR 0.046 ACRtS. MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF-WAY OF RECORD.
BEARINGS ARE BASED ON THE PLAT OF ORANGETREE UNIT THREE, CITRUS GREENS SECllON, PHASE I-A.
PLAT BOOK 14, PAGE 121, PUBUC RECORDS OF CQlUER COUNTY, FLORIDA.
OIL WELL ROAD
POINT-OF - -. " C}
COMMENCEMENT \
~ORIr \
_lIlU UNll l\!llff I
a1RVS GflWlS grCllON. 'I
_I-A
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THOMAS t; RHOOES, S1f.. P,S.U. 58!U
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