Lee County Board Of County Commissioners Agenda Item Summary

Transcription

1 Lee County Board Of County Commissioners Agenda Item Summary Blue Sheet No UTL 1. ACTION REQUESTED/PURPOSE: Developer Contributed Asset: Approve final acceptance, by Resolution and recording of one Utility Easement, as a donation of a water distribution system, to provide potable water service and fire protection to Jonathan 's Bay, a recently constructed multi-family residential development. This is a Developer Contributed asset project located on the west side of South Tamiami Trail just north of the intersection of South Tamiami Trail and Old US FUNDING SOURCE: No funds required. 3. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual. 4. MANAGEMENT RECOMMENDATION: Approval. 5. Departmental Category: 10 - Utilities I 6. Meeting Date: MAR Agenda: 9. Request Initiated: - X Consent Commissioner - Administrative Public Works - Public Walk-on 10. Background: The goard granted permission to construct on 02/22/05, Blue Sheet # The installation has been inspected for conformance to the Lee County Utilities Operations Manual. Satisfactory pressure and bacteriological testing has been completed. Record drawings have been received. Engineer's Certification of Completion has been provided-copy attached. Project Location Map-copy attached. Warranty has been provided-copy attached. Waiver of Lien has been provided-copy attached. Certification of Contributed Assets has been provided-copy attached. 100% of the connection fees have been paid. Sanitary sewer service will be provided by Forrest Utilities via a recently constructed on-site gravity collection system, lift station and force main. Funds are available for recording fees in: Account No. OD (Util-Uti1 Eng-Dep Clerk Fees for Recording & Filing) SECTION 36 TOWNSHIP 45s RANGE 24E DISTRICT # 3 COMMISSIONER JUDAH Approved Deferred Denied Other S:ENGR\W PBLUE SHEETS-ENGWONATHAN'S BAY - FA - WD - EASE - TAK BS20070

2 RESOLUTION NO. RESOLUTION ESTABLISHING UTILITY ACCEPTANCE OF DEVELOPER CONTRIBUTED ASSETS IN LEE COUNTY, FLORIDA WHEREAS, it is the desire of YJONATHAN S BAY CONDO ASSOC AND JONATHAN S BAY ASSOC, INC, owner of record, to make a contribution to Lee County Uti 1 i ti es of water faci 1 i ti es water distrib tion system, potable water and fire protection), se rvi ng =JONA 4 HAN S BAg; and, WHEREAS, Lee County Utilities requires proof of a Release of Lien, a Warranty (one-year) on all labor and materials, an accurate value of contributed assets, and right-of-way and/or easement-indemnity granted for all systems being contributed to Lee County Utilities; and, WHEREAS, all of the above information has been received and approved as complete by Lee County Utilities; and, WHEREAS, Lee County Utilities has recommended to the Board of County Commissioners that the above-named system be accepted for ownership, operation, and maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY FLORIDA, that the above facilities, for a contributed value of $188, is hereby ACCEPTED and acknowledged as an addition to Lee County Uti 1 i ti es. THE FOREGOING RESOLUTION was offered by Commi ssioner moved for its adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Commissioner Bob lanes: Commi ssi oner Brian Bi gel ow: (2) Commissioner Ray Judah: (3) Commissioner Tammara Hal 1 : (4) Commi ssi oner Frank Mann : (5) DULY PASSED AND ADOPTED this day of, ATTEST: CHARLIE GREEN, CLERK By: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA By: CHAIR APPROVED AS TO FORM who OFFICE OF COUNTY ATTORNEY BS UTL S:\ENCR\W P\BLUE SHEETS-ENC\l-RESOLUTION-DEV CONTRIB ASSET, W 0NLY.WC

3 LETTER OF COMPLETION DATE: 12/21/2005 Department of Lee County Utilities Division of Engineering Post Office Box 398 Fort Myers, FL Gentlemen: This is to certify that the water distribution Jonathan's Bav (Name of DevelopmenWroject) located at was designed by me and have been constructed in conformance with: the approved plans and the approved specifications Upon completion of the work, we observed the following successful tests of the facilities: Pressure Test(s) - Water Main and Bacteriological Test Very truly yours, Environmental Consulting - & Tecnology, Inc. (Owner or Name of CorporationFinn) Ronald M. Edenfield, P.E. - Project Engineer (Name and Title) (Seal of Engineering Firm) \<II)T,IU 5 3, F I C*RII, \ (Forms - Letter of Completion - Revised 2004) \\Ectl500\StorageENGINEERLNG PROJECTSSOUTHPARK CPD\SUBMITT'ALSU.EE UTILITIES-ACCEmtter of Compl Environmental Consulting 8 Technology, Inc.

4 JONATHAN S BAY N A s

5 I

6 11.2 WARRANTY THE UNDERSIGNED parties do hereby warrant andor guaranty all work executed by the contractor on the water system of Jonathans Bay to be free from defects in material and workmanship for a period of one (1) year from the date of acceptance by the Lee County Board of County Commissioners. The undersigned parties further agree that they will, at their own expense, repair and replace all such defective work and all other work damaged by said defective work under this Warranty-Guaranty It is fiuthermore understood that the consideration for the giving of this warranty andor guaranty is the requirement by the General Conditions and Specifications under which the contract was let that such warranty and/or guaranty would be given. Mitchell & Stark Construction Company (Contractor/Company Name) Scafidi, Project Manager,(Authjdrized Represe#ative, Title) STATEOF FL 1 ) ss: COUNTY OF Collier ) The foregoing instrument was signed and acknowledged before me this 9 th day of August, 20@ by David C. Scafidi who is personally known to me -, and who did not take an oath. Belinda Burgbacher Printed Name of Notary Public (Notary Seal & Commission Number) L E COUNTY,01'rlllFlr rtnalnr (Forms- Warranty - Revised 04/2003)

7 WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of One Hundred Eighty Eight Thousand Five Hundred FoQ and 93/1 00($188, waivers and releases its lien and right to claim a lien for labor, services, or materials hrnished to Jonathan's Bav Association, Inc./EH Transeastern Properties, Inc. on the job of Jonathan's Bay to the following described property: ) hereby Jonathan's Bay (Name of Developmenflroject) Jonathan's Bav Circle (Location) Water Distribution System (Facilities Constructed) IO CE & 0 ICE (Strap # or Section, Township & Range) I \ /' J By: (Siwof Authorized Representative) By: David C. Scafidi (Print Name of Authorized Representative) Title: Project Manager Phone #: (239) Ext.27 Mitchell & Stark Construction Company (Name of Firm or Corporation) 6001 Shirley Street (Address of Firm or Corporation) Naples, FL (City, State & Zip Of Firm Or Corporation) Fax#: (239) STATEOF FL 1 ) ss: COUNTY OF Collier ) The foregoing instrum-,ri* signed and acknowledged behe me this day of -February,20~ by David C. Scafidi who is personally known to me -, and who did not take an oath. (Notary Seal & Commission Number) Belinda Burnbacher (Printed Name of Notary Public) $LEE COUNTY Io,lt,tu.,'r "l4lllln.l (Forms- Waiver of Lien - Revised January 2004)

8 ~ 11.5 PROJECT NAME: Jonathan's Bay STRAP NUMBER: CE, CE and LOCATION: Jonathan's Bay Circle OWNER'S NAME: (as shown on Deed) Jonathan's Bay Association, Inc. OWNER'S ADDRESS: 3300 N University Drive, Suite 1 OWNER'S ADDRESS: Coral Springs, FL OWNER'S TELEPHONE #: (239) TYPE UTILITY SYSTEM: Potable Water (Please provide separate 'Certifications' for potable water, sanitary sewer and effluent reuse facilities.) DESCRIPTION AND COST OF MATERIAL. LABOR. AND SERVICES Please list each element of the system from the drop-down list provided. ITEM TAPPING SLEEVE WNAI+VE PVC C-900 DR- I8 WATER MAIN CL-50 DIP WATER MAIN STEEL CASING ASSORTED FITTINGS FIRE HYDRANT ASSEMBLY GATE VALVE SINGLE WATER SERVICEICOMPLETE SINGLE WATER SERVICJXOMPLETE SIZE QUANTITY UNIT UNIT COST TOTAL 10" x 16" 2.0 EA $6, $1 2, " 3,158.0 LF $22.21 $70, " LF $28.83 $1 1, " 40.0 LF $ $8, " 34.0 EA $ $25, EA $2, $26, IO" 8.0 EA $1, $12, " 2.0 EA $1, $2, " 14.0 EA $1, $1 9, I I I 1.~ I I I I I, I I I I TOTAL I I $188, (If more space is required, use additional forms(s). LEE COUNTY TI~w,*T FI o~~~~ Contractor's Certification of Contributory Assets - Form (July2006) C:\Documents and SettingsUlscaffidi.MSFLORIDA\Local Settings\Temporary Internet Files\OLK732\CERTiFICATION OF CONTRIBUTORY ASSETS doc

9 11.5 I do hereby certify that the quantities of material and services described above are a true and accurate representation of the as-installed cost of the to Lee County and corresponds with the record drawings. (Sig- ertifying Agent) David C. Scafidi, Project Manager (Name & Title of Certifying Agent) Mitchell & Stark Construction Company (Name of Firm or Corporation) 6001 Shirley Street (Address of Firm or Corporation) Naples, FL STATEOF FL 1 ) ss: COUNTY OF Collier 1 < David C. Scafidi who is personally known to me - Notary Publi ignature. The foregoing instrument was signed and acknowledged before me this day of Aurrust, 2006 by, and who did not take an oath. Belinda Burgbacher Printed Name of Notary Public Notary Commission Number (NOTARY SEAL) %LEE CouNrv ~ n t ~ T fi.niinn H ~ ~ ~ Contractor s r Certification ofcontributory Assets - Form (JuIy2006) C:Documents and SettingsDscafTidi. MSFLORIDAUcal Settings\Temporary Internet Files\OLK732\CERTIFICATION OF CONTRIBUTORY ASSETS doc

10 ll ll ll Parcel Identitication Numbei (If Parcel ID not available please call County Property Appraiser's Office) --+ FLORIDA DEPARTMENT OF REVENUE RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY bbr (PLEASE READ INSTRUCTIONS BEFORE COMPLETING) Use black ink. Enter numbers as shown below. If typing, enter numbers as shown below. FWR10240 DR-219 R. 07/ [ mamammmmm nnio#2$~~mn --+n of Transaction is a split Property was improved 2. Mark (X) all Multi-parcel or cutout from with building(s) at time that apply transaction? sale/transfer? EASEMENT another parcel? : BS JONATHAN'S BAY ASSOCIATION, INC 3. Grantor (Seller): Last First MI Corporate Name (if applicable) 1044 CASTELLO DRIVE, STE 206 NAPLES FL ( ) Mailing Address City State Zip Code Phone No. THOM OSTERHOUT AS AGENT: FOR LEE CO. BD. OF CO. COMMISSIONERS 4. Grantee (Buyer): Last First MI Corporate Name (if applicable) P. 0. BOX 398 FT. MYERS FL - Mailinu Address Citv State ZiD Code Phone No. Date of SalelTransfer Sale/Transfer Price ( Month Day Year (Round td the nearest ddllar.) Type of Document Contract/Agreement 0 for Deed El Other mi a : : : : 0 7. Are any mortgages on the property? If "Yes", YESU / HNO outstanding mortgage balance: (Round to the nearest dollar.) $ n n n]l n nj1 n n. To the best of your knowledge, were there unusual circumstances or conditions to the salekransfer such as: Forced sale by court order? Foreclosure pending? Distress Sale? Title defects? Corrective Deed? Mineral rights? Sale of a partial or undivided interest? Related to seller by blood or marriage. Was the salekransfer financed? YES 0 / NO If "Yes", please indicate type or types of financing: Agreement or Conventional 0 Seller Provided 0 Contractfor Deed Other 0 YES0 / H NO Institutional/ IO. Property Type: Residential Commercial Industrial Agricultural Miscellaneous Government o Vacant Acreaue Timeshare Mark (x) all that apply To the best of your knowledge, was personal property included in the salehansfer? If "Yes", please state the amount attributable to the personal property. (Round to the nearest dollar.) 12. Amount of Documentary Stamp Tax YESO'HNO o d o $nnnji--n;nnn.13h ~noo~nu~n0. nu 13. If M&X is due in number 12, is deed exempt from Documentary Stamp Tax under s (6), Florida Statutes? YESO / U NO L rn and that the facts stated in it are true. If prepared by someone other ch helher has any knowledge. Date &,!!A? WARNING: FAILURE TO FILE THIS RETURN OR ALTERNATIVE FORM APPROVED BY THE DEPARTMENT OF REVENUE SHALL RESULT IN A PENALTY OF $25.00 IN ADDITION TO ANY OTHER PENALTY IMPOSED BY THE REVENUE LAW OF FLORIDA. I To be comdeted bv the Clerk of the Circuit Court's Office I Clerks Date StamD I This copy to Property Appraiser ai IU ono0nooon oono File Number Date Recorded n n / n rl/ n n n n Month Day Year This copy to Property Appraiser

11 Ill II II Enter FLORIDA DEPARTMENT OF REVENUE RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY (PLEASE READ INSTRUCTIONS BEFORE COMPLETING) numbers as shown below If typing, enter numbers as shown below 1. Parcel Identification Number (If Parcel ID not available please call County Property Appraiser's Office) -+ Transaction is a split 2. Mark (X) all Multi-parcel or cutout from -+ that apply transaction? -+ another parcel? 3. Grantor (Seller): CE; OlCE Property was improved with building(s) at time of saleltransfer? -+ FDOR DR-219 R. 07/98 EASEMENT : BS JONATHAN'S BAY ASSOCIATION, INC Last First MI Corporate Name (if applicable) 1044 CASTELLO DRIVE, STE 206 NAPLES FL 34103, \ Mailing Address City State Zip Code Phone No. THOM OSTERHOUT AS AGENT: FOR LEE CO. BD. OF CO. COMMISSIONERS 4. Grantee (Buyer): Last First MI Corporate Name (if applicable) Warranty Deed P. 0. BOX 398 FT. MYERS FL ( Mailing Address City State Zip Code Phone No. 5. Date of SalelTransfer SalelTransfer Price Property CountyCode $. 0 0 Located In Month Year (Round to the nearest dollar.) 6. Type of Document Other 7. Are any mortgages on the property? If "Yes", YES ContracVAgreement ' for Deed Quit Claim Deed outstanding mortgage balance: (Round to the nearest dollar.) $ 8. To the best of your knowledge, were there unusual circumstances or conditions to the saleltransfer such as: Forced sale by court order? Foreclosure pending? Distress Sale? Title defects? Corrective Deed? Mineral rights? Sale of a partial or undivided interest? Related to seller by blood or marriage. YES ' NO.oo NO 9. Was the saleltransfer financed? YES Conventional Seller Provided ' NO If "Yes", please indicate type or types of financing: Agreement or Contract for Deed Other Institutionall 10. Property Type: Residential Commercial Industrial Agricultural Miscellaneous Government Vacant Acreage Mark (x) all that apply % 11. To the best of your knowledge, was personal property YES 'NO $ included in the saleltransfer? If "Yes", please state the amount attributable to the personal property. (Round to the nearest dollar.) $ 12. Amount of Documentary Stamp Tax 0.70 Timeshare Cents * If netiax is due in number 12, is deed exempt from Documentary Stamp Tax under s (6), Florida Statutes? YES L Under penalties of perjury, I decl than the taxpayer, hislher declar Signature of Grantor or Grantee To be completed by the Clerk of the Circuit Court's Office Clerks Date Stamp NO t are true. If prepared by someone other Date ~ I Z ~ V WARNING: FAILURE TO FILE THIS RETURN OR ALTERNATIVE FORM APPROVED BY THE DEPARTMENT OF REVENUE SHALL RESULT IN A PENALTY OF $25.00 IN ADDITION TO ANY OTHER PENALTY IMPOSED BY THE REVENUE LAW OF FLORIDA. This copy to Department of Revenue Month Day Year This copy to Department of Revenue

12 TO: RECORDERS OFFICE PLEASE PUT MY NAME ON THE ATTENTION LINE: CHARGE TO: LEE COUNTY UTILITIES - LCU ACCOUNT NO. OD THANK YOU. FOR UTILITIES USE ONLY: BLUE SHEET NO UTL PROJECT NAME: JONATHAN S BAY EASEMENT NAME: JONATHAN S BAY CONDO ASSOC AND JONATHAN S BAY ASSOC, INC TYPING BY: S:\ENGR\W P\BLUE SHEETS-ENG\O-ATTENTION RECORDERS OFFICE SHEET FOR ALL RECORDED DOCS-CRUZ TYPED.DOC

13 This Instrument Prepared By: Lee County Utilities 1500 Monroe Street - 3rd Floor Fort Myers, Florida Strap Number@): CE CE I LCU (THIS SPACE RESERVED FOR RECORDING) GRANT OF PERPETUAL PUBLIC UTILITY EASEMENT THIS INDENTURE is made and entered into this day of 2007, by and between JONATHAN S BAY CONDOMINIUM ASSOCIATION AND JONATHAN S BAY ASSOCIATION, INC, Owner, hereinafter referred to as GRANTOR(S), and LEE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as GRANTEE. WITNESSETH: 1. For and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged and accepted, GRANTOR hereby grants, bargains, sells and transfers to the GRANTEE, its successors and assigns, a perpetual public utility easement situated in Lee County, Florida, located and described as set forth in Exhibit A, attached hereto and made a part hereof. 2. GRANTEE, its successors, appointees and assigns, are granted the right, privilege, and authority to construct, replace, renew, extend and maintain a wastewater collection and/or water distribution system, together with, but not limited to, all necessary service connections, manholes, valves, fire hydrants, lift stations and appurtenances, to be located on, under, across and through the easement which is located on the property described (Exhibit A ), with the additional right, privilege and authority to remove, replace, repair and enlarge said system, and to trim and remove roots, trees, shrubs, bushes and plants, and remove fences or other improvements which may affect the operation of lines, mains and/or utility facilities. BS TL $LEE LUL~TIIWLLT COUNTY Perpetual Public Utility Easement - County Attorney Approved for use rianin \ (Page 1 of 5)

14 3. The public utility easement will not be limited to any particular diameter size or type and/or number of connections to other waterlsewer mains for providing waterlsewer service to this and any adjacent properties. The total area of this public utility easement is reserved for utility lines, mains, or appurtenant facilities and for any landscaping (excluding trees), walkways, roadways, drainage ways, or similar uses. Houses, fences, buildings, carports, garages, storage sheds, overhangs, or any other structures or portions of structures may not be constructed on or placed within this easement at anytime, present or future, by GRANTOR, or its heirs, successors or assigns. 4. Title to all utilities constructed and/or placed hereunder by GRANTEE or its agents will remain in the GRANTEE, GRANTEE S successors, appointees, and/or assigns. 5. Subject to any pre-existing easements for public highways or roads, railroads, laterals, ditches, pipelines and electrical transmission or distribution lines and telephone and cable television lines covering the land herein described, GRANTOR(S) covenant that they are lawfully seized and possessed of the described real property (Exhibit A), have good and lawful right and power to sell and convey it, and that the said property is free from any and all liens and encumbrances, except as herein stated, and accordingly, GRANTOR(S) will forever defend the right, title and terms of this said easement and the quiet possession thereof by GRANTEE against all claims and demands of all other entities. 6. GRANTOR(S), its heirs, successors or assigns, agrees to assume all liability for any consequential damages to any houses, fences, buildings, carports, garages, storage sheds, overhangs, or any other structures or portions of structures subsequently constructed by GRANTOR(S) in violation of paragraph 3. within the above easement, which result from the required activities of the GRANTEE for any construction, maintenance or repairs to the utilities located within the above-described easement. 7. GRANTEE will be liable for money damages in tort for any injury to or loss of property, personal injury, or death caused by the negligent or wrongful act(s) or omission(s) of any official or employee of the GRANTEE while acting within the scope of the official s or employee s office or employment under circumstances in which a private person would be found to be liable in accordance with the general laws of the State of Florida, and subject to the limitations as set out in Section , Florida Statutes, as it may be revised, amended or renumbered from time to time. 8. GRANTEE will have reasonable right of access across GRANTOR S property for the purposes of reaching the described easement (Exhibit A) on either paved or unpaved surfaces. Any damage to GRANTOR S property or permitted improvements thereon as the result of such access to the described easement or the construction, maintenance, or repairs located within the described easement shall be LEE COUNTY s 0 UT,, w P E T F 1.0 Y I A Lee County utilities Perpetual public (Page 2 of 5)

15 restored by GRANTEE, to the condition in which it existed prior to the damage, as is reasonably practicable. 9. By acceptance of this easement, the GRANTEE assumes no responsibility for ownership or maintenance of any associated roads. The easement is strictly for utility purposes. 10. This easement will be binding upon the parties hereto, their successors in interest and any assigns. (Balance of Page Left Intentionally Blank) %LEE COUNTY $"I,TllWtFT b, ORIU,, (Page 3 of 5) Lee County utilities Perpetual public

16 IN WITNESS WHEREOF, the GRANTOR has caused this document to be signed on the date and year first above written. BY: Nom La fba%. [ Sig hat u re G ran to r's/owne r's] rr R Crhrp1rIPt-w [Type or Print Name] L [Title] [Type or Print Name] STATE OF FLORIDA COUNTYOF LEE The foregoing instrument was signed and acknowledged before me this w day of ky;\ 20% byhg%ww o produced the following as identification or is personally know to me, and who did/did not take an oath. w- [stamp or seal] n NOTARY PUBLIC-S"E OF FLORIDA [Signature of Notary] U bo!,, I, w k PT b 1." K I u* (Page 4 of 5) Lee County utilities Perpetual Public

17 Approved and accepted for and on behalf of Lee County, Florida, this day of, ATTEST: CHARLIE GREEN, CLERK BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA BY: Deputy Clerk BY: Chair APPROVED AS TO FORM BY: Office of the County Attorney Scott S. Coovert, Esquire,"L'TIIWCYT FLDR,", (Page 5 of 5) Perpetual Public utility Easement Grant - County Attorney Approved for use doc

18 LEGAL DESCRIPTION OF A PARCEL LYING IN SECTION 36, TOWNSHIP 45 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA (LEE COUNTY UTILITY EASEMENT) LEE COUNTY UTILITY EASEMENT SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 36, TOWNSHIP 45 SOUTH, RANGE 24 EAST, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER (S %) CORNER OF SAID SECTION 36; THENCE S.88'55'38'W. ALONG THE SOUTH LINE OF SAID SECTION 36 FOR FEET; THENCE N.31'32'26"W. FOR FEET TO THE POINT OF BEGINNING; THENCE S.89'00'53"W. FOR FEET; THENCE S.OO"25'13"W. FOR FEET; THENCE S.47'25'06"W. FOR FEET; THENCE N.89'42'44"W. FOR FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 1, FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02'43'15" FOR FEET; THENCE S.87'34'01'W. FOR FEET; THENCE S.05'24'53'W. FOR FEET; THENCE S.87'34'01"W. FOR FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 83'33'02'' FOR FEET; THENCE N.06'25'21"W. FOR FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.83'48'06"E., A RADIAL DISTANCE OF 1, FEET; THENCE NORTHERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 05'08'47" FOR FEET; THENCE S.88'5653"W. FOR 5.00 FEET; THENCE N.00'2629W. FOR FEET; THENCE S.89'49'51"E. FOR 5.00 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES S.89"49'5I1'E., A RADIAL DISTANCE OF 1, FEET; THENCE NORTHERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 04'03'31" FOR FEET; THENCE N.04'13'39"E. FOR FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86'06'09'' FOR FEET; THENCE S.89'40'11"E. FOR FEET; THENCE N.00'19'49"E. FOR 5.00 FEET; THENCE S.89'40'11"E. FOR FEET; THENCE S.00'19'49'W. FOR 5.00 FEET; THENCE S.89'40'11"E. FOR FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02'43'15" FOR FEET; THENCE N.87'36'34"E. FOR FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18'22'23'' FOR FEET; THENCE N.62'13'34"E. FOR 5.93 FEET; THENCE N.22'37'47''E. FOR FEET; THENCE S.79"12'01"E. FOR FEET; THENCE S.22'37'47"W. FOR FEET; THENCE S.16'57'59"E. FOR 5.89 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES S.29"09'20'W., A RADIAL DISTANCE OF FEET; THENCE SOUTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 59'51'33'' FOR FEET; THENCE S.OO"59'07"E. FOR FEET; THENCE S.45'59'07"E. FOR FEET; THENCE S.06'44'27"E. FOR FEET; THENCE N.89'00'53"E. FOR FEET; THENCE S.31'32'26"E. FOR 9.29 FEET TO THE POINT OF BEGINNING. SHEET 1 OF S. CLEVELAND AVENUE, SUITE #605 0 FORT MYERS, FLORIDA PHONE (239) FAX (239)

19 LESS AND EXCEPT THE FOLLOWING PARCEL: COMMENCING AT THE SOUTH QUARTER (S %) CORNER OF SAID SECTION 36; THENCE S.88'55'38'W. ALONG THE SOUTH LINE OF SAID SECTION 36 FOR FEET; THENCE N.31'32'26"W. FOR FEET; THENCE S.89'00'53"W. FOR FEET TO THE POINT OF BEGINNING; THENCE S.OO'25'13'W. FOR FEET; THENCE S.47'25'06"W. FOR FEET; THENCE N.89'42'44"W. FOR FEET; TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES S.OO015'44"W., A RADIAL DISTANCE OF 1, FEET; THENCE WESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 02'41'43" FOR FEET; THENCE S.87'34'01"W. FOR FEET; THENCE N.02'25'59"W. FOR 5.00 FEET; THENCE S.87'34'01"W. FOR FEET; THENCE S.02'25'59"E. FOR 5.00 FEET; THENCE S.87'34'01"W. FOR FEET; THENCE S.05'24'53"W. FOR FEET; THENCE S.87'34'01'W. FOR 6.10 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86'14'06" FOR FEET; THENCE N.06'1 1'54'W. FOR FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1, FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10'25'33" FOR FEET; THENCE N.04'13'39"E. FOR FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86'06'09'' FOR FEET; THENCE S.89'40'11"E. FOR FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02'43'15" FOR FEET; THENCE N.87'36'34"E. FOR FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 91 24'191 FOR FEET; THENCE S.01'00'3OE. FOR FEET; THENCE S.45'59'07"E. FOR FEET; THENCE S.06'44'27"E. FOR FEET; THENCE S.89'00'53"W. FOR FEET TO THE POINT OF BEG1 N NI NG. EASEMENT CONTAINS 25,052 SQUARE FEET OR 0.58 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF-WAY (RECORDED AND UNRECORDED, WRITTEN AND UNWRITTEN) BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 36, TOWNSHIP 45 SOUTH, RANGE 24 EAST BEING N.88'55'38"E. METRON SURVEYING & MAPPING, LLC FLORIDA CERTIFICATE OF AUTHORIZATION LB# 7071 TIMOTHY LEE MANN PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO SK7. doc SHEET 2 OF S. CLEVELAND AVENUE, SUITE #605 FORT MYERS, FLORIDA PHONE (239) FAX (239)

20 E"? L1 U L4 L6 L7 LB I2 L10 L11 L12 L13 L14 L15 L16 L17 Ll 8 L19 K O 121 L22 us U4 us L26 L27 L2B L29 wo t33 ws U6 u7 w8 w L40 L41 L42 L43 L44 L45 L46 LINE TABLE Bearing Distance 115 LEE COUNlY * SEE SHEET 1 OF 2 FOR LEGAL DESCRIPTION * 119 \ 3 8? A ii N NO f?adlls, : O.W' 120.w' ' ' : ; lol2w 11200' ' 11200' CURVE TABLE