Filing # Electronically Filed 10/07/ :23:43 PM

Transcription

1 CLARK L. DURPO, JR., ET AL, CASE NO.: 13-CA v. (Consolidated with Case Plaintiffs, No.: 14-CA ) Filing # Electronically Filed 10/07/ :23:43 PM soon as an Order is entered granting this motion for substitution of parties. By substituting itself as a undersigned that it will file a notice of appearance as counsel in this action for LB WBB, LLC, as 3. Lewis, Longman & Walker, P. A., counsel for LB WBB, LLC, have advised the "A". Effective March 28, 2014, LB WBB, LLC is the owner of the Property subject to this action. Records of Lee County, Florida. A copy of said Special Warranty Deed is attached hereto as Exhibit Special Warranty Deed, which was recorded as Instrument No.: in the Public conveyed the property that is the subject of the action against Waterside, to LB WBB, LLC, by 2. On March 28, 2014, Waterside sold its interest to the subject property, and then subject to the action filed herein by Durpo against Waterside. 1. At the inception of this action Waterside was the fee simple owner of the property to this action in place of Waterside and as grounds therefore, state the following: the entry of an Order substituting LB WBB, LLC, a Florida limited liability company, as Defendant hereby stipulate to dismissal of Defendant Waterside as a party in this lawsuit and move the Court for "WATERSIDE"), by and through their undersigned counsel, and pursuant to Fla. R. Civ. P. L260(a), "Durpo"), and Defendant, WATERSIDE MANATEE BAY HOLDINGS, LLC (hereinafter COMES NOW, Plaintiffs, Clark L. Durpo, Jr. and Clark Durpo (hereinafter, collectively JOINT MOTION AND STIPULATION FOR SUBSTITUTION OF PARTY Defendants. / BELLA LAGO CONDOMINIUM AT BAY BEACH CONDOMINIUM ASSOCIATION, INC., ET AL., IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA

2 ownership of the property described in Exhibit A, and Durpos assert no liability against LB WBB for damages incurred prior to LB WBB taking ownership of the property described in Exhibit A. 4. Counsel for Waterside has consulted with David Potter and Lindsay L. Lee, Counsel Counselfor Defendant, Waterside Manatee Bay Holdings, LLC JULIA L. JENNISON Florida Bar No.: Primary Secondary KATHRYN ROSSMELL Florida Bar No.: Primary Secondary Lewis, Longman & Walker, P.A N. Flagler Drive, Suite West Palm Beach, FL Telephone: (561) Facsimile: (561) WASV/NE E. FLOWERSv Florida Bar No.; Primary wfl owers@ llw-law.com Secondary .: morourke@llw-law.com Lewis, Longman & Walker, P.A. 245 Riverside Avenue, Suite 150 Jacksonville, FL WATERSIDE MANATEE BAY HOLDINGS, LLC substituting LB WBB, LLC as Defendant to the above-styled action. claims filed in this matter against Waterside, and respectfully request that this Court enter an Order WHEREFORE, Defendant, Waterside and Durpo stipulate to dismissal with prejudice of all Stipulation for Substitution of Party. for all of the Co-Defendants in this matter and they are in agreement with this Joint Motion and party in this action LB WBB, Inc. assumes no liability for any damages caused prior to its taking

3 LB WBB, LLC jexwyx^ WA^NE E. FLOWERS Florida Bar No.: Primary Secondary .: Lewis, Longman & Walker, P.A. 245 Riverside Avenue, Suite 150 Jacksonville, FL JULIA L. JENNISON Florida Bar No.: Primary Secondary KATHRYN ROSSMELL Florida Bar No.: Primary Secondary ; Lewis, Longman & Walker, P.A N. Flagler Drive, Suite 1500 West Palm Beach, FL Telephone: (561) Facsimile: (561) Counselfor Defendant, LB WBB, LLC CLARK L. DURPO, JR. and CLARK DURPO /s/rfjewufer CR. Joseph W. Beasley Stephanie Demos Jennifer Perez Alonso Beasley & Demos, LLC 2950 SW 27th Avenue Suite 100 Miami, Florida ^erez A.loiiso_ ibeaslev@,beaslevdemos.com sdemos@, beaslevdemos.com ialonso@beaslevdemos.com

4 Murty & Monk, P.A Periwinkle Way Suite A Sanibel Island, Florida timmurtv@,earth I ink.net Counsel for Plaintiffs David S. Chaiet Michele A. Crosa Ron M. Campbell Lindsay Lee Cole, Scott & Kissane, P.A Riverview Center Boulevard Suite 200 Bonita Springs, Florida ron.campbell@,csklegal.com lindsav.lee@csklegal.com Counselfor Casa Marina III Condominium Association, Inc.; Harbour Pointe Condominium Association, Inc., Hibiscus Pointe Condominium Association, Inc.; Manatee Bay at Bay Beach Condominium Association, Inc.; Royal Pelican Association, Inc.; Sunset Gulf Condominium Association, Inc.; Palms ofbay Beach Condominium Association, Inc.; Waterside III at Bay Beach Condominium Association, Inc.; Waterside IC at Bay Beach Condominium Association, Inc. Steven G. Koeppel Greg Bevillard Yeslow & Koeppel, P.A. P.O. Box 9226 Fort Myers, Florida steve@vklegal.com greg@vklegal.com Counselfor Palms ofbay Beach Condominium Association, Inc. I HEREBY CERTIFY that a copy of the foregoing Joint Motion and Stipulation for substitution of Party was served on the counsel listed below by electronic mail this -nh day of 2014 CERTIFICATE OF SERVICE LIST Timothy J. Murty

5 Eisinger, Brown, Lewis, Frankel & Chaiet Presidential Circle Suite 265-S 4000 Hollywood Boulevard Hollywood, Florida Counselfor Ca.sa Marina III Condominium Association, Inc.; Manatee Bay at Bay Beach Condominium Association, Inc.; Royal Pelican Association, Inc.; Sunset Gulf Condominium Association, Inc.; Valencia Villas at Bay Beach Association, Inc.; Waterside I at Bay Beach Condominium Association, Inc.; Waterside II at Bay Beach Condominium Association, Inc. H.O. Brock, Jr. Becker & Poliakoff Carissa Commerce Court Suite 200 Fort Myers, Florida hbrock@bplegal.com sspector@bplegal.com Counselfor Counter-Plaintijfs, Harbour Pointe Condominium Association, Inc.; Hibiscus Pointe Condominium Association, Inc.; Royal Pelican Association, Inc.; Sunset Gulf Condominium Association, Inc. Jeffrey A. Collier South Florida Water Management District 3301 Gun Club Road, MSG 1410 West Palm Beach, Florida iacollier@,sfwmd.gov dmac 1 a u g@sfwm d. go v litigation@sfwmd.gov Counselfor Defendant, South Florida Water Management District Michael J. Ciccarone Corporate Headquarters, Suite North Cleveland Avenue North Fort Myers, Florida Michael.ciccarone@fllandlaw.com Counselfor Plaintiffs, Estero Bay Improvement Association, Inc.; Bayside Master Association, Inc. Waterside Dock Association, Inc. David C. Potter Thomas G. Coleman Fowler White Boggs, P. A. P.O. Box 1567 Fort Myers, Florida david.potter@fowlerwhite.com

6 Counselfor Plaintiffs, Estero Bay Improvement Association, Inc.; Bayside Master Association, Inc. Waterside Dock Association, Inc. ATTORNEY

7 INSTR # , Doc Type D, Pages 5, Recorded 04/01/2014 at 09:55 AM, Linda Doggett, Lee County Clerk of Circuit Court, Deed Doc. D $ Rec Fee $44.00 Deputy Clerk ERECORD Prepared bv: Matthew L. Grabinski, Esq. CoIemaiH Yovanovkh & Koesfcr, P. A, 4001 Tamiami Trail Nortl^ Suite 300 Naples, FL File Number; ,01 5 Consideration; 52,880, After Recoi'dingRetUin'rol: Lisa Van Dien, Esq. Cheffy Pasidotno, PA 821 Fifth Avenue South, Suite 201 Naples, EL [Space Above This.Ur.c f;or Reeorditip. Palat Special Warranty Deed This Special Warranty Deed made this of March, 2014 betweeil Waterside Manatee Bay Holdings, LLC, a Florida limited liability company, whose address Is c/o Haistatt Real Estate Partners, 2600 Golden Gate Parkway, Naples, FL 34105, grantor, and LB WBB, LLC, a Florida limited liability company, whose address is Oaileria Court, Suite 200, Naples, FL 34109, grantee; (Whenever used hereiir the terms granlor and grantee; include ali the parties to this instruihent: and tlie heirs, legal representatiyes, and assigns of individuals, and the suecessors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/1 00 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Lee County, Florida, to-wit; SEE ATTACHED EXHIBIT "A" Subject to; (a) ad valorem real property taxes for the year 2014 and subsequent years; (b) zoning, budding code and other use restrictions imposed by governmental authority; (e) butstaudmg oik gas and mineral interests of record, if any; and (d) resfrfctiqns, reservations, and easements common to the subdivision, if any. Together with ali the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against tire lawful claims of all persons claiming by, through or under grantors. EXHIBIT A

8 XNSTR # Page Number: 2 of 5 in Witness Wberenf seal Ihe day and year first: above written. Signed, sealed and delivered in our presence: Vyifnesscsj Print Name: fw^ va State of Florida Coanty of WATERS10E MANATEE BAY HOLDIN G S, LLC, a Florida limited liafiiiiy company Byil-Iaistatt Real Estate a Delaware- inn sted pitrtnersfijp : Its: -jviimaging Member Sy rllalstattireal Estate Partners ffl L-LLC, - a Delaware limited itability company its: Genera! Partner By: >ws: Bobby Sulli van,; Managing Member iforegtsfog-iasftttm:^: %as'.;iaofe)0xmtdged belore me tbis;..^jg^day ofmarch, by Bobby Sullivan,.as: Aianagtng Member of Halstatt Real Cslate Partners OP 1, LLC. a Delaware limited liability company.. Genera! Parmer of Halstatt Real: Estate: Partners T und LLP a.; Deiaware iiblited' partnersliip: Managing:^Member of Waterside Manatee Bay: Holdings, LLC, a- Plortdartmiited liability Gornpany,: bn :bebalf pf said companies. ;who:- j^-is pefeonaliylnowftto meor Llbns produced: as idcmipeeitibn,,. [Notary Seaij Speitial:: H'fiiTOKn-&erf - Page 3 f't inotary Publie Printed Name: :My: Commission BypireSt PAMELA MARTIN WAlKUP Commission # EE 16SS2S Expires March 28, 20 L li. t. Print Name: 1 G^tHOlVNA, SHAW *>* *

9 PARCEL 1 UGM. OESCRtPnON A PARCEL Or LAftO IViNC t«part OP CQVEWMENT EOT i 5ECP0N 3, T0WHSH1P 47 SOUTH. RAWSS 24 EAST, LEE COUNTY, FLORIDA. SAlO PARCEL OF LAND SEiNG MOSS PARTICULARLY CLSCftfSEO AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHERLY OlC OF SAID GOVERNMENT LOT 3 AND THE EASTERLY RIGHT-OF-WAY UNE OF ESTERCS BOULEVARD (STATE ROAD S-8SE); THENCE NORTH S9DEGREES1 T'OO* EAST ALONG SAID NORTHERLY UNE FOR A DISTANCE OF FEET TO A POINT OF INTERSECTION WTH A NON-tANSENT CURVE FROM WHICH THE RADIUS POINT BEARS SOUTH ITDECfCESSS'AT* WEST. SAID INTERSECTION BEING ALSO ON THE EASTERLY RiCHT-OF-WAY UNE Of SAY BEACH LANS 'IHENCE EASTERLY AND SOUTHEASrEPLY ALONG SAID EASTERLY fhoht-w-way UNE AND ALONG SAID CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF FEET, A CENTRAL ANGLE OF 17DECRESS42T3" FOR AN ARC DISTANCE OF FEET TO A POINT OF TANGENCY; THENCE SOUTH MOEGREESSS'OO* EAST ALONG A NORTHEASTERLY RIGHT-OF-WAY UNE OF SAID SAY BEACH LANE FOR A DISTANCE OF FEET; THENCE LEAVING SAID NORTHEASTERLY UNE SOUTH 35DEGRSES+1 'CO" WEST PCS? A DISTANCE OF FEET TO AN INTESSECTION WTH A SOUTriSESTERLY RIGHT-OF-WAY UNE OF SAID BAY BEACH LANE; THENCE SOUTH 540EGREES1G'00' EAST ALONG SAID SOUTHWESTERLY UNE FOR A DISTANCE OF FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY CONTTNUING ALONG SAID SOUTHWESTERLY UNE AND ALONG SAKJ CURVE. CONCAVE NORTHEASTERLY, HAVSNG A RADIUS OF FEET, A CENTRAL ANGLE OF 02C GREES43'04* FOR AN ARC DISTANCE OF FEET IT! A POINT OF INTERSECTION WW A NON-TANGENT UNE; THENCE SOUTH 59DEGREES02'44* EAST FOP A DISTANCE OF 906,54 FEET; THENCE NORTH 870EGREES02'24* EAST FOR A DISTANCE OF FEET; THENCE SOUTH 43DEGSEES5a"S5* EAST FOR A DISTANCE OF 1&43 FEET TO A PONT 0? CURVATURE;: THENCE SOUTHEASTERLY ALONG SAID CURVE. CONCAVE SOUTHWESTERLY, HAVING A RADIUS Of 132.S0 FEET, A CENTRAL ANGLE OF 14DEGREES01'3S" FOR AN ARC DISTANCE 0? FEET TO A POINT Or TANGENCY; THENCE SOUTH 290EGSEES57T7' EAST FOR A DISTANCE OF FECT TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY' ALONG SAID CURVE, CONCAVE NCftTHEASTERLY, HAVING A RADIUS OF FEET. A CENTRAL ANGLE OF 530 GR 530'Q3" FOR AN ARC DISTANCE OF 87,76 FEET TO A POINT OF TAHGEfTCY; THENCE SOUTH 09D Ca S27*2O" EAST FOR A DISTANCE OF 24,27 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG SAIO CURVE CONCAVE NOSIHWESimX HAVING A RADIUS CP FEET. A CENTRAL ANGLE OF ASOEGREESWiS* FOR AN ARC DISTAHCS OF FEET TO A POINT OF TANCENCY; THENCE NC«TH 430EGR E558,55" EAST FOR A DISTANCE OF FEET TO A PCSNT CP CURVATURE; THENCE NORTHEASTERLY ALONG SAID CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF FEET, A CENTRAL ANGLE OF +30EGR ES03,29* FOR AN ARC DISTANCE OF FEET TO A POINT YSF TANGENCY; THENCE NORTH STDEGREESOfSA" EAST FOR A DISTANCE CF 116,83 FEET TO A POINT Of CURVATURE; THENCE EASTERLY ALONG SAID CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF FEET, A CENTRAL ANGLE Of OSOE«?EES55'!3" FOR AN ARC DISTANCE OF FEET TO A P«NT OF TANGENCY; THENCE SOUTH 87D GSE S02-24" EAST FOH A DISTANT: OF FEET, TO THE PONT OF BSCSNNSNG CF THE HERSN DESCRIBED PARCEL 16-4, WATERSIDE Mi THENCE CONTINUE SOUTH 8?0 GREES02*24" EAST, 33.'60 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG SAB3 CURVE. CONCAVE NORTHERLY HAVING A RADIUS OF FEET, A CENTRAL ANCLE OF OSDEGREESJS'SS* AN ARC DISTANCE OF FEET TO A POINT OF TANSENCY; THENCE NORTH 840 GR ES28'50" EAST FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG SAID CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF A CENTRAL ANGLE OF ISC 0SEES52"5r AN ARC DISTANCE Of FEET TO A POINT OF TANGENCY; THENCE NORTH SaOECREESSS'lS* EAST FEET; THENCE SOUTH 2l }egr ES24'41" EAST 1U+ FEET; THENCE NORTH SaJEGTEESOS'tB" LAST FEET; THENCE SOOTH 520ECfiEES44,41* EAST 76,52 FEET; THENCE SOUTH 44!EGREES5y2Si* WEST 119,32 FEET; THENCE SOUTH 35 SGftE $34'05* WEST FEET;: THENCE SOUTH ASDEGREESH'O?" WEST FEET, THENCE SOUTH SHOEGREESSS'S?" WEST FEET; THENCE SOUTH 750EGRESSS8'44* WEST FEET; THENCE SOUTH 52DEGREES37'08*YeST FEET; THENCE SOUTH SSOEffiEESSS'ST" WEST 90,10 FEET; THENCE NORTH OSOEGSEESSO'SS* WEST FEET; THENCE NORTH 5S0EGP ES59'34* VEST FEET; THENCE NORTH 11D GSEE$29"3r WCST 92,34 FEET; NCRTH S1C«CKEES28'46J' WEST 23,62 FEET; NORTH 220ECS 54729" W ST 8738 FEET; NORTH OiaEGI?EES2S'22" WEST 1&29 FEET TO THE point of beginnihc of the parcel fierein oescrseo INSTR # Page Number: 3 of 5

10 LESS AND EXCEPT LAND DESCRIPHCN CF WATERSDE Ca«MONS AREA 3 A RaRCEU Of CAi LYING W PART Of COVERNMCNT LOT 3, SECT1CIN 3, TOttNSHiP 47 SOUTH, RANGE 24 EAST, EEE: COUNTY. ftosjda,- SAiD PARCEL OF LARD; BEING NOSE PASTICUURLY OESCmSEO AS FOLLOVSS:.. TOGETKER.WiTH PARCELS Together: wm ^mon-exclcsive; msmsnw and use rights in, over through and across that certain SO FOOT WIDE INGRESS: AND EGRESS ROADWAY EASEMENT AS RECOROED IN OFFICIAL RECORDS: BOOK 1118, PAGE 1109, PUBLIC RECORDS OF LEE COUNTY, FLORIDA. TOGETHER WITH PARCEL 3 TOGETHER WltH A NON-EXCLUSIVE EASEMENT FOR VEHfGULAR AND 'PEDESTRiAN INGRESS AND EGRESS IN OVER THROUGH AND ACROSS THAT CERTAIN INGRESS AND EGRESS ROADWAY EASEMENT DESCRIBED In'sCHEOULE "B" IN THAT CERTAIN INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 1 168, PAGE 7, RUBtic Records of lee county. Florida. C33MMENCWC AT THE'INTESSECRON OP THE NORTHERLY IWE OF SAID GOVERNMENT LOT 3 AHD THE EASTERLY RIGHT-OF-WAY LINE OF ESTERO BOULEVARD (STATE ROAD S-8SS); THENCE NORTH 8S0EGREES1 1 'DO* EAST ALONG SAID NORTHERLY LINE PCS? A DISTANCE CF FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE FROM WTiiCH TVC RADIUS POINT BEARS SOUTH IVOEGREESStf47* WEST. SAID INTERSECTION BEING ALSO ON THE EASTERLY RIGHT-OF-WAY USE OF BAY BEACH LANE; THENCE EASTERLY AND SOUTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY UNE AND ALONG SAID CURVE, CONCAVE SOUTHWESTERLY. HAVING A RADIUS OF FEET, A CENTRAL ANGLE OF 17DEGFEES42T3" FOR AN ARC DISTANCE OF FEET TO A POINT OF TANGENCY; THEAICE SOUTH 54DEGREES1 S'OO"* EAST ALONG A NORTHEASTERLY RIGHT-OF-WAY LINE OF SA BAY BEACH LANE FOR A DISTANCE OF FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 350e6REES4TC0" WEST FOR A DISTANCE OF FEET TO AN INTERSECTION WTH A SOUTHWESTERLY RIGHT-OF-WAY UNE OF SAID BAY BEACH LANE; THENCE SOUTH 54DEGREES19W EAST ALONG SA SOUTHWESTERLY LINE FOR A DISTANCE OF 134,54 FEET TO A POINT OF CURVATURE; THENCC SOUTHEASTERLY CONHNUNG ALONG SAID SOUTHWESTERLY UNE AND ALONG SAID CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF FEET, A CENTRAL ANGLE OF OSJDEGREESAS'OS* FOR AN ARC DISTANCE OF FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT UNE; THENCE SOUTH 53D UKE S02'44" EAST FOR A DISTANCE OF FLTR THENCE NORTH 6?D G«SES02'24* EAST FOR A DISTANCE OF FEET TO A POINT OF INTERSECTION WiTH A NON-TANGENT CURVE FORM WHICH THE RADIUS POINT BEARS SOUTH 49DEGfiEES59'28" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE, CONCAVE SOUTHHESTERLY, HAVING A RADIUS OF FEET, A CENTRAL ANGLE OF tooegrees03*l5" FOR AN ARC DISTANCE OF FEET TO A POINT OF TANGENCY: THENCE SOUTH 2SQEGPEES57T7" EAST FOR A DISTANCE OF FEET TO A POINT OF CURVATURE: THENCE SOUTHEASTERLY ALONG SAID CURVE. CONCAVE NCSTHEASIEHLY, HAVING A RADIUS CF FEET, A CENTRAL ANCLE OF 590EGH ES3(S'C3" FOR AN ARC DISTANCE OF FEET TO A POINT OF TANGENCY; THENCE SOUTH 8SDEGR es2?'20* EAST FOR A DISTANCE OF 24,27 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG SAID CURVE, CONCAVE NORTHWESTERLY, KAWNG A RADIUS CF 49. SO FEET. A CENTRAL ANGLE OF 460 GReES33'45* FOR AN ARC DISTANCE OF FEET TO A POINT CF TANGENCY; THENCE NORTH 43DEGREES58'55>' EAST FOR A DISTANCE OF FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG SAID CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF FEET. A CENTRAL ANGLE OF +3DEGREESG3>29" FOR AN ARC DISTANCE OF FEET TO A POINT OF TANGENCY; THENCE NORTH 87D GREES02'24" EAST FOR A DISTANCE OF FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG SAID CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF FEET, A CENTRAL ANGLE OF 05CEGftEESS5'13" FOR AN ARC DISTANCE Of FEET TO A POINT OF TANGENCY; THENCE SOUTH 87DEGREES02>24* EAST FOR A DISTANCE CP FEET TO A POINT' OF CURVATURE; THENCE EASTERLY ALONG SAID CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF FEET, A CENTRAL ANGLE OF G&DECRE S29'26" FOR AN ARC DISTANCE OF FEET TO A POINT OF TANGENCY, THENCE: NORTH G40EGR S25'10* EAST FOP A DISTANCE OF FEET TO A POINT Of CURVATURE; THENCE NORTHEASTERLY ALONG SAID CURVE. CONCAVE NORTHWESTERLY, HAVING A RADIUS OF FEET, A CENTRAL ANGLE OF T5DEGREES52'S1" FOR AN ARC DISTANCE OF FEET TO A POINT OF TANGENCY; THENCE NORTH e8degrees35"19* EAST FOR A DISTANCE OF FEET; THENCE SOUTH 21[>ECREES24'4t' EAST FOR A DISTANCE OF 36,00 FEET; THENCE SOOTH 540EGftEES27'54" EAST FOR A DISTANCE OF 23,20 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED COMMONS AftEA 3 PARCEU TrtENCE SOUTH 87D GR ES54'42* EAST FEET; THENCE SOUTH 53DEGR S28'0S" LAST 6911 FEET; THENCE SOUTH 36DE(iXEE$31'S2' WEST 8.12 FEET: THENCE SOUTH 53DEGS S3D'02" EAST 3.27 FEET; IHENCE SOUTH SBDEGREESIffaS* VEST FEET; THENCE SOUTH ASCEGREESIBYW" WEST 87.S7 FEET; WENCE SOUTH 38DEGRE S10"56" VEST 35 7! FEET; THENCE NORTH SODEOREESSO'OS" WEST 3,37 FEET; THENCE SOUTH 36DEGREES29 59* WEST 9 33 FEET; THENCE NORTH SKeGPEESLXJ'OG* WEST FEET: THENCE NORTH 03DcGREES52'34" WEST FEET, THENCE NORTH OSDEGREESIO'IT" EAST FEET; THENCE NORTH SeDEGPEESDO'OO* EAST FEFT TO THE POINT Of BEGINNING. INSTR # Page Number: 4 of 5

11 INSTR # Page Number: 5 of 5 TOGETHER WiTH PARCEL ^ TOGETHER WflH A NQN-eXCLUSiVE EASEMgHt OVER THE RRGPERTV RETAINED By STAROiAL i^estmeftfsgqmpahyra FLORIDA SeNgRALPARTNESSHip/C^RfHEmOPgRiYDESGfyeEDMeXHieiT "D" OF THAT CERTAIN SPECIAL WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 3589, PAGE 4202, PUBLIC RECORDS Or LEE COUNTY. FLORIDA.