Free Cross Motion [Dispositive] - District Court of Federal Claims - federal

Case 1:07-cv-00273-MCW

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Exhibit 3

\31.50
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if RECORD AND RETURN TO:

RECUk'DEu IN DFFIGlm. ~'EG'ORDS

(J ( LANDAMERICA SERVICE BLVD., SUITE tOO 10751 DEERWOOD PARK CENTER
JACKSONVILLE, Fl 32256

This instrument prepared by or under the direction of:

INSfRUNENT # 2005008585 16 PBS 2005 JAN 13 02:44 PM KAREN E. RUSHING CLERK OF THE CIRCUIT COURT
SARASOTA COUNTY,FLORIDA

CEAGLETO Receipt#570903

Christopher G. Commander Outside Counsel
Law Deparment

Doc Stamp-Deed: 0.70

500 Water Street
Jacksonvile, Florida 32202

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Aftcr recording plcase rcturn 10

Timothy A. Burleigh

TIMOTi-V A. BURlEIGII, P.A. 2905 Corinthian Avenue, Suite 6 Jacksonvillc. florida 32210

QUITCLAIM DEED
THIS QUITCLAIM DEED, made this 20th day of December , 200~, between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500
Water Street, Jacksonvile, Florida 32202, and whose Tax Identifcation Number(s)

islare 54-6000720 , hereinafter called "Grantor", and THE TRUST FOR PUBLIC LAND,

a nonprofit California corporation whose mailing address is 306 North Monroe Street,
Tallahassee, FL 32301, hereinafter called "Grantee", WITNESSETH:

(Wherever used herdn, the terms "Grantor" and "Grantee" may be construed in the singular or plural as the context may require or admit, and for purposes of

exceptions, reservations and/or covenants, shall include the heirs, legal representatives and assigns of individuals or the successors and assigns of
corporations.)

for the benefit

That Grantor, being interested in and desiring to assistthe citizens of the City of Sarasota 00 of the public in general and for the further sum of TEN DOLLARS AND NOll

($10.00), to it irihand paid by Grantee, the receipt öfwhich is hereby acknowledged, does hereby RELEASE, REMISE and forever QUITCLAIM unto Grantee, its successors and assigns, all right, title and interest of Grator, if any, in and to those certain tracts or parcels ofland,siiuate, lyìng and being in SaraSota County, Florida and having a tax parcel identification number of , hereinafter collectively designated 'ithe Premises," more particularly described in Exhibit A, attached hereto and incorporated herein, and containing a total of i 55.724 acres, more or less, together with aU the improvements located thereon, including without limitation the tracks, ties, corridor bed material and other material, culverts and bridges, and all easements and all rights, tenements, hereditaments, members, privileges, licenses and
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appurenances thereto, if any. and all rights, title and interests, if any, in and to all public and

pnvate ways adjoining or serving same, together with riparian rights and interests in waterbodies and the beds of waterbodies on or adjacent to the Premises.
TO HAVE AND TO HOLD the Premises, and all the estate, right, title,

lien, interest and.

claim whatsoever of Grantor therein, either in law or equity, and all improvements thereon and appurtenances thereto, unto the proper use, benefit aid enjoyment of Grantee, Grantee's hêits and assigns or successors and assigns, forever.
By Decision and Notice of Interim Trail Use or Abandonment served April 2, 2004 in the Surface Transportation Board ("STB") Docket No. AB-400, Sub.-No.3X, the STB imposed a Notice of Interim Trail Use ("NITU") on the Premises. Grantee for itself, its successors and assigns, acknowledges that the Premises remain subject to the jurisdiction of the STB for
purposes of reactivating rail service. In the event that rail service is reactivated, terms and

conditions relating to reimbursement and expenses shall be governed by certain terms ànd conditions contained in that certain Option Agreement dated August 28, 2003, as amended, by
between Grantor and Grantee, et al, covering the NITU, which terms and conditions shall be deemed to be the interim trail use agreement between Grantor and Grantee for purposes of 16 247(d) and all STB orders relating to same pertaining to the Premises. U.S.C. I
and

Said covenant shall run with the title to the Premises conveyed, and bind upon Grantee,
Grantee's heirs, legal representatives and assigns, or corprate successors and assigns,ánd anyone claiming title to or holding Premises through Grantee.

BALANCE OF PAGE JNTENTIONALL Y OMITTED
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"

INSrRIINT # 2Ø~~8~85
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IN WITNESS WHEREOF, CSX TRANSPORTATION, INC., pursuant to due corprate authority, has caused its name to be signed hereto by its offcers hereunto duly authorized and its
corprate seal, duly áttested, to be hereunto affxed.

Signèd, sealed and delivered in the presence of:

~Á.~ ~~
B:tJOneS (j
Amy .ug
) SS.

CSX TRANSPORTATION, INC.:

By:

Print a e:
Print Title: President, CSX eal Property, InF. o . \,\\'."ihi:"~:i..,i.
"\\" Jl t i 0 /¡ ~"."

. ~nJ . ~..l\l.v 1- ~ Attest ~Ø-'i. , QE.$Wt.f:.;':)::;"~ () \.
Print Name: Donna W. Melton =. ~y~ ".:rk~\,:\!.;,/ : ::.
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Secret. : í ~ t§~~,:~;~~~::~,: y ~~ ~.

STATE OF FLORIDA )
COUNTY OF DUVAL )
I, Made Angela Tessier , a Notar Public of the State 9f Florida and the County of
Duval, do certify that, on the date below, before me in said County came Stephen A. Crosby to me known, and/or ( ) proven by satisfactory curent evidence to be the person

(X) whose name

is subscribed to the above instrument, who, being by me first duly swont, did make oath,
acknowledge and say that: (s)he resides in Jacksonvile, Duval County, F10tida; (s)he is

President-CSX Real Property, Inc., signing on behalf of CSX Transportation, Inc., the
corporation described in and which executed said instrument; (s)he is fully informed of the
contents of the instrument; (s)he knows the seal of said corporation; the seal affxed to said

instrument is such seal; it was so affixed by authority of the Board of Directors. of såid corporation; (s)he signed his/her name thereto for said corporation pursuant to Board authority; act and deed of said corporation; and the conveyance herein is not part and instrument ís the free conveyance of all or substantially all of of a transaction, sale, lease, exchange or other transfer or the property and/or assets of the Grantor.

of December , 2004.

IN WITNESS WHEREOF, I hereunto set my hand and offcial seal, this 20th day

My commission expires on: "m'lMJ .. C2~4 ~ (SEAL)

MtAige.T.. N~tary Public . .

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t;'- MyCommÎsioOO3S717, Print Name: Marie Angela Tessier

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INSTRMtrr , ø8585

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EXHIBIT A

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A 100.00 foot wide strip of land lying in Sections 23, 26 and 35, Township 37 South, Range 18 East, and lying in Sections 1,2, 12, 13,24 and 25, Township 38 South, Range 18 East, and lying in Sections 30 and 31, Township 38 South, Range 19 East, and Sections 6, 7, 17 and 18, Township 39 South, Range 19 East, all lying and being in Sarasota County, Florida, and being

that certain railroad right-of-way shown on RIGHT-OF-WAY AND TRACK MAP,
SEABOAR AIRLINE RAIL WAY CO., VENICE BRANCH dated December 31, 1927 from
Mile Post SW 892 to Mile Post SW 904.425 as shown thereon, and lying 50.00 feet on of

each side

the following described centerline:

Commence at a Parker-Kalon Concrete Nail and Brass Disk set bearing the inscription "GFY LB021" marking the Northwest comer of Section 23, Township 37 South, Range 18 East,
Sarasota County, Florida; thence on

the North boundar of said. Section 23, South 89°5 1'29"

East; a distance of 140L74 feet to a point on the centerline of an existing railroad right-of-way fonnerly known as Seaboard Air Line Railway Co., Venice Branch right-of-way, a 100.00 foot wide right-of-way, said point bearing North 89°51'29" West, a distance of 1278.42 feet frQIn a 2
inch Iron Pipe found under water marking the Northeast corner of the Nortwest 1/4 öf said

Section 23; thence on said centerline South U °45'4 i" East, a distance of 766.21 feet to the at point being POINT OF BEGINNING of the centerline of the property herein described, said

mile marker 892 of said railroad; thence continue the following. eighteen (18) courses on said 1824.85 feet; (2) centerline of railroad right-of-way: (l) South i 1045'41" East, a distance of South 11047'30" East, a distance of 2596.3 7 feet to a point on the Nort boundar of Section 26, Township 37 South, Range 18 East, Sarasota County, Florida, said point bearng North a 2 inch Iron Pipe found under water marking the 89°33'41" West, a distance of 238.23 feet from Northeast corner of the Northwest )/4 of said Section 26; (3) South 11 °47'01" East, a distance of Section 35, Township 37 South, Range 18 East, 5532.53 feet to a point on the North boundary of Sarasota County, Florida, said point bearing South 89°47'35" East, a distance of917.02 feet from a 1/2 inch iron rod set with a plastic cap bearing the inscription "GFY LB021" marking the
Northwest corner of the Northeast 1/4 of said Section

35, and bearing North 89°47'35" West, a

distance of 1760.35 feet from á found 5/8 inch iron rod with a plastic cap bearng the ínscription

"LB6754'¡ niarking the Northeast comer of .said Section 35; (4) South 1 i 045'36" East, a distance

of 5323.62 feet to a point on the North boundar of Section 2, Township 38 South, Range 18 East; Sarasota County, Florida, said point bearing North 89()51'28" East, a distaice of 2348.60
feet from a

found 5 inch square concrete monument bearing the inscription "Sarasota County" at
the Northeast 1/4 of said Section 2, and bearing South 89ò51'28" West,

the Northwest comer of distance of 321.63 feet

a

from a found 5/8 inch iron rod with a plastic cap bearng the inscription"

LB 6754" marking the Northeast corner of said Section 2; (5) South 11045'19" East, a distance 1535.56 feet to a point on the West boundary of Sarasota County, Florida, said point bearing South 00°20'05" West, a

of

Section 1, Township 38 South, Range 18 East, distance of 1504.18 feet

the from a 5/8 inch iroh.rd with a plastic cap bearing the inscription" LB 6754" marking Northwest COmer of said Section i, and bearing North 00°20'05" East, a distance of 3947.70 feet

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from a railroad spike found in pavement marking the Southwest comer of said Section 1; (6)
South 1 1 °45' 19" East, a distance of 4039.) ) feet to a point on the North boundary of Section 12,

Township 38 South, Range 18 East, Sarasota County, Florida, said point bearing South from a railroad spike found in pavement marking the 89°32'29" East, a distance of 845.99 feet
Northwest corner of said Section 12, and North 89°32'29" West, a distance of 1829.99 feet from

a 1-1/2 inch iron pipe found under water marking the Northeast comer of the Northwest 1/4 of said Section 12; (7) South 11046'41" East, a distance of 5236.30 feet to a point on the North boundary of Section 13, Township 38 South, Range 18 East, Sarasota County, Florida, said point
bearing South 89°38'15" East, a distance of 1935.03 feet from a found 4" square concrete
monument bearing the inscription" PRM 1747" marking the Northwest comer

of said Section

13, and bearing North 89°38'15" West, a distance of69JAO-f~~t.froma-found.-l/2-inchc-iron-rod.. marking the Northeast corner of the Northwest 1/4 of said Section 13; (8) South 1 i °47'38" East, a distance of 5414.75 feet to a point on the North boundary of Section 24, Township 38 South,

Range 18 East, Sarasota County, Florida, said point bearing South 89°44'10" East, a distance of from a found 5 inch square concrete monument bearng the inscription "Sarasota 3093.22 feet County" marking the Nortwest corner of said Section 24, and bearing North 89044'10" West, a
distance of 2200.39 feet from a found 2 inch iron pipe marking the Northeast èomer of said
Section 24; (9) South 11047'26" East, a distance of5423.91 feet to a point on the

North boundar of Section 25, Township 38 South, Range 18 East, Sarasota County, Florida, said point bearng
South 89°36'18" East, a

distance of 4224.41 feet from a found 5/8 inch iron rod marking the

Northwest corner of said Section 25; (10) South 1 1 °46'14" East, a distance of 4929. 19 feet to a point on the West boundary of Section 30, Township 38 South, Range 19 East, Sarasota County, Florida, said point bearing South 00°36'00" West, a distanceof2165.l8 feet from a 1/2 inch iron
rod set with a plastic cap bearing the inscription "GFY LB021" marking the Northwest. comer of the Southwest 1/4 of said Section 30, and bearing North 00°36'00" East, a distance of 488.09 feet

frm a found 5 inch square concrete monument bearing the inscription "SarasotaCounty'¡
marking the Southwest comer of said Section 30; (11) South 11046'14" East, a distance of Section 31, Township 38 South, Range 19 East, 498.29 feet to a point on the North boundary of
Sarasota County, Florida, said point bearing North 89°51'45" East, a distance of 106.76 feet from a found 5 inch square concrete monument bearng the inscription "Sarasota County" marking the
Northwest corner of said Section 31, and bearing South 89°51 '45" West, a distance of 2528.32

feet from a fourid 5 inch square concrete monument bearng the inscription "Sarasota County"
marking the Northeast comer of

the Northwest 1/4 of said Section 31; (12) South 1 )°46'40" East,

a distance of 5;46.18 feet to a point onthe North boundary of Section 6, Township 39 South, Range 19 East, Sarasota County, Florida, said point bearing North 89°55'00" West, a distance of the inscription 1224.25 feet from a found Parker-Kalon Concrete Nail and Brass Disk set bearing

"LB 1856" marking the Northeast comer of the Northwest 1I4 of said Section 6; (13) South 11°47'09" East, a distance of 5391.71 feet to a point on the North boundar of Section 7,
Township 39 South, Range ) 9 East, Sarasota County, Florida, said point bearing South
89°26'54" East, a distance of 1218.66 feet from a Parker-Kalon Concrete Nail and Brass Disk

bearing the inscription" LB 021 " set as a witness comer i 300.00 feet Easterly of the Northwest
comer of said Section 7, and bearing North 89°26'54" West, a distance of 110.93 feet from a

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found 1/2 inch iron rod marking the Northeast corner of

the Northwest 1/4 of

said Section 7; (14)

South I 1 °46' 14" East, a distance of 3082.14 feet to a point of curature; (15) Southerly 1048.54

feet along the arc of a curve to the left, said curve being concave Easterly, having a radios of
2864.79 feet, a central angle of 20°58'15", and a chord bearing and distance of South 22°15'22"
East, 1042.70 feet to a point of

tangency; (16) South 32°44'29" East, a distance of 1611.73 feet

to a point on the North boundar of Section 18, Township 39 South, Range i 9 East, Sarasota
County, Florida, said point bearing South 89°44'39" East, a distace of 4511.01 feet from a

found 12 inch round concrete monument with a Florida Deparment of Natural Resources brass
disk marking the Northwest comer of said Section i 8, and bearing North 89°44'39" West, a

distance of 823.71 feet from a railroad spike found in asphalt pavement marking the Northeast comer of said Section 18; (17) South 32°44'29" East, a distance of 1495.62 feet to a point on the 39 South, Range 19 East, Sarasota County, Florida, said West boundary of Section 17, Township
point bèaririg South 00°40'33" West, a distance of 1254.41 feet from a railroad spike found in
asphalt pavement marking the Northwest comer of said Section 17, and bearing

Nort 00°40'33"

East, a distance of 4077.27 feet from a found 5 inch square concrete monument bearing the inscription "Sarasota Coonty" marking the Southwest comer of said Section 17; (18) Sooth 32°44'29" East, a distance of 4891.21 feet to the POINT OF TERMINATION, said point being of bearing South 89°12'25;' East, a distance said Section 17, said point on the Sooth boundar of marking the Southwest corner of 22.52 feet from a 5/8 inch iron rod found in asphalt pavement
the Southeast l/4 of s,~id Section 17,

and bearing North 89° 12'25" West, a distance of 2649.30

feet from a Parker-Kalon concrete nail and brass disk found in asphalt pavement marking the
Southeast comer of said Section 17, and the boundares of the land described herein shall be
lengthened or shortened to terminate on the South boundary of said Section 17.

AND

(Remainder portion of Wye Tracks lying Easterly of Seaboard Air Line Railway Co., Venice
Branch right-of-way, a i 00.00 foot wide right-of-way)
A parcel

of land lying in Section 17, Township 39 South, Range 19 East, Sarasota County,

Florida, being more particularly described as follows:
Commence at the Southwest corner of the Southeast 1/4 of Section 17, Township 39 South,

Range i 9 East, Sarasota County, Florida, thence on the South boundary of the Southeast 1/4 of
saidSection 17, South 89°12'25" East, a distance of 22.52 feet toa point on the centerline of an
existing railroad right-of-way fonnerly known as Seaboard

Air Line Railway Co., Venice Branch

right-of-way; thence on said centerline, North 32°44'29" West, foot wide right-of-way, a 100.00 a distance of 353.50 feet; thence deparing said centerline, North 57°15'31" East, a distanee of

5Q.00 feet to the POINT OFBEGINING, said point being on the Easterly right~of-way line of said existing railroadright.of-way and being marked by a lI2 inch iron rod set with a plastic cap
bearng the inscription "GFY LB021 "; thence on said Easterly right-of-way line, North West, a distance of 401.37 feet to a point on a non-tangent curve, said

32°44'29"

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point being ()n the
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Southeasterly boundar of that certain parcel of land described in Offcial Records Book 1371, Sarasota County, Florida, said point being marked by a found the Public Records of Page 231 of railroad spike; thence the following thee (3) courses on the boundares of said certain parcel: (1) Northerly 766.10 feet along the arc of a curve to the right, said curve being concave Easterly,
havirig a radius of 940.00 North 15°50'32" feet, a central angle of 4604 I '46", and a chord bearng and distance East, 745.08 feet toa point on the Westerly right-of-way line of

of

State Road 45-

A, also known as U.S. Highway 41 Venice Bypass as shown on State of Florida State Road
Department Right-of-way Map, Section 17180-250 i, last revised 3-4-64, said point being marked by a found 3 inch by 3 inch square concrete monument; (2) on said Westerly right-ofway line, North 36011'59" West, a distance of 12.59 feet to a point on a non-tangent curve, said point being marked with a 5/8" Iron Rod found with a plastic cap bearing the inscription "PLS arc of a curve to the right, said curve being concave 2670": (3) Westerly 764.70 feet along the Northerly, having a radius of 940.00 feet, a central angle of 46°36'j9", and a chord bearing and said North 81°20'55" West, 743.79 feet to a point on the Easterly right-of"-way line of distance of 100.00 foot wide railroad right-of-way, said point being marked by a 1/2 inch iron rod set with a plastic cap bearing the. inscription "GFY LB02 1 "; thence on said Easterly right-of-way line, North 32044'29" West, a distance of 401.36 feet to a point on a non-tangent curve, said point being on the Northeasterly right-of-way line of said Wye Spur Track, said point being marked by a 112 inch iron rod set with a plastic cap bearng the inscription "GFY LB021"; thence the following nine (9) courses on the right-of-way lines of said Wye Spur Track; (I) Southeasterly 1030.82 feet along the arc of a curve to the left, said curve being concave Northeasterly, having a radius of 850.00 feet, a central angle of 69°29'03", and a chord bearing and distance of South

67°29'05" Eat, 968.80 feet to a point on Westerly right-of-way line of said State Road 45-A, said point being marked by a 5/8 inch iron rod found with a plastic cap bearing the inscription "LS 466 i "; (2) departing said Westerly right-of-way line and across said State Road 45-A,
Easterly 112.91 feet along the arc of a curve to the left, said curve being concave Northerly,

having a radius of 850.00 feet, a central angle of 07°36'40", and a chord bearing and distance of North 73°49'25" East, i 12.83 feet to a point on the Easterly right-of-way line of said State Road 45-A, said point being marked by a lI2 inch iron rod set with a plastic cap bearing the inscription "GFY LB021"; (3) deparing said Easterly right-of-way line, Northeasterly 189.92 feet along the arc of a curve to the left, said curve being concave Northwesterly, having a radius of850.00 feet, North 63°37'02" East, 189.52 a central angle of 12048'06", and a chord bearing and distance of
feet to a point being marked by a 1/2 inch iron rod set with a plastic cap bearng the inscription "GFY LB021 "; (4) North 57° 15'58'; East, a distance of 1 01 i. 0 feet to the Norteast corner of
said Wye Spur Track, said point

being marked by a found 4 inch by 4 inch square concrete .

monument; (5) South 32°43'57" East, a distance of 99.78 feet to the Southeast corner of said

of inscription "OFY LB021"; (6) South 57°16'07" West, a distance of 1011.06 feet to a point curvature, said point being marked by a 112 inch iron rod set with a plastic cap bearng the
inscription "GFY LB021"; (7) Southwesterly i 81.32 feet along the arc of a curve to the left, said
curve being concave Southeasterly, having a.radius 0(850.00 feet, and a chord bearing and distance of South 51°09'28" West, 180.97 feet to a a

Wye Spur Track, saidpÐint being marked by a lI2 inch iron rod set with a plastic cap bearng the

central angle of 12°13'19",

point on the Easterly
INSTRWNT# 2ØØSØØ8585
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. right-of-way line of said State Road 45-A, said point being marked by a lI2 inch iron rod set
with a plastic cap bearng the inscription "GFY LB02I "; (8) departing said Easterly right-of-way

line and across said State Road 45-A, Southwesterly 109.52 feet along the arc of a curve to the left, said curve being concave Southeasterly, having a radius of 850.00 feet, a central angle of
07°22'56", and a

chord bearng and distance of South 40°14'25" West, 109.44 feet to a point on

the Westerly right-of-way line of said State Road 45-A, said point being marked by a 5/8 fnch
iron rod with a plastic cap bearng the inscription "PLS3975"; (9) departing said Westerly right-

of-way line, Southerly 1042.84 feet along the arc of a curve to the left, said curve being concave
Easterly, having a radius of 850.00 feet, a central angle of 70°17'39", and a chord bearng and

distace of South 02°27'1 i" West, 978.66 feet to the POINT OF BEGINING.
The above described parcel contains 6.682 acres more or less, or 291,075 square feet more or less.

LESS AN EXCEPT
That par of that certain parcel of land described in Offcial Records Instrument Number

2002036256 as recorded in the Public Records of Sarasota County, Florida, lying within the
IOO~OO foot wide right-of-way formerly known as Seaboard Air Line Railway Co., Venice

Branch right-of-way, said certain parcel being therein described as follows:

)

Begin at the most easterly corner of Lot 11, Center Road Industrial Park Subdivision, recorded in and 47-"A", Public Records of Sarasota County, Florida; Thence N. 32 Plat Book 27, Pages 47 degrees 53'35"W (Plat - N 32 degrees 53'04" W) along the Easterly line of Lots 11 and 10 of said. subdivision, 41 5.03'to the Northwesterly comer of lands described in that certain deed dated 29 December 1982, between Seaboard Coastline Railroad Company and John W. Shoemaker and Charles E. Stottlemyer; Thence. N 57 degrees 05'42" E along the Northerly line of said lands,
120.35' to the Westerly boundary of those certain lands described

in Offcial Records Book

1135, Page 872, of the Public Records of Sarasota County, Florida; Thence N 32 degrees 57'37"

W (Deed - N 32 degrees 52'56" W, 26.03'), 25.98' to the P.e. of a curve, concave to the
NortheaSt and having a radius of513.82' (Deed - 518.64'): Thence Northwesterly along the arc of said curve 156.14' (Chord - N 24 degrees 15'17" W, 155.54') to a point on the Northerly line of said lands described in O.R. Book 1135, Page 872; Thence N. 57 degrees 06'21" E, along said
Northerly line, 101.39' to the most Northerly comer of

those certain lands described in said O.R.

1 135, Page 872, said point lying 25' from the centerline of Seaboard Coastline Railroad Track; Thence S 32 degrees 53'20" East along the Easterly line of those certain lands described in said 872, a distance of 783.36' to a point lying. on the North RJ of Center O.R.Book 1135, Page
Road (RJW width vares); Thence S 74 degrees 39'20" W, along said RI, 47.63'; thence S 8Z

thence N 89 degrees 23'15" W along said RJWand also along a line 24' North of and parallel to the South line of Section 17, Township 39 South,
degrees 20'39" W, along said R/W, 76.05';

Range 19 East, a distance of 156.88'; Thence N 32 degrees 53'35" W along the Southeasterly extension of Lot 11 of said subdivision, 55.17' to the Point of Beginning.

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Being and lying in Section 17, Township 39 South, Range 19 East, Sarasota County, Florida ALSO LESS AND EXCEPT
That part of

those certain parcels ofland described as Parcel 1 (100-A), and Parcel 2 (100-B) in Offcial Records Instrument Number i 999068337 as recorded in the Public Records of Sáfasota County, Florida, lying within the LOO.OO foot wide right-of-way formerly known as Seaboard Air therein described as Line Railway Co., Venice Branch right-of-way, said certain parcels being
follows:
Parcell (1 OO-A)

That part of the East half (1/2) of Section 7, Township 39 South, Range 19 East, Sarasota
County, Florida, being more particularly described as follows:

Commence at the intersection of the centerline of the Main Track of the Seminole Gulf Railway Right-or-way as show on Valuation Map Station 3916+50 to Station 3957+66 dated December 31, 1927 now known as the CSX Transportation, Inc. and the centerline of Venice Avenue Right";of-way (120.00 foot wide Right-of-way); thence run South 89°23'38" East along the centerline of Venice Avenue for a distance of 4.606 meters (15.11 feet) to the POINT OF
.

BEGINING, also being a point on a circular curve concave to the Northeast, the chord for
which

bear North 12°47'09" West, thence run Northwesterly along the arc of said curve, having

a radius of 868.617 meters (2849.79 feet), through a central angle of 02°01'32", for an arc distance of 30.706 meter (100.74 feet) to the Point of Tangency; thence ru North 11°46'23"

West along a line that is 15.00 feet East or and parallel with the centerline of said tract fora distance of 357. i 20 meters (1171.65 feet); thence ru South 5 i °48'48" East for a distance of 4.081 ineters (13.39 feet); thence ru South i i °48'13" Eat for a distance of 8.388 meters (27.52
feet); thence run South 15°24'08" East for a distance of 24.597 meters (80.70 feet); thence run South 18°33' 1 2" East for a distance of i 5.213 meters (49.9 i feet); thence run South 20°06'51"

run South 22°27'05" East for a distance East for a distance of 14.755 meters (48.41 feet); thence of 14.911 meters (48.92 feet); thence run South 25°33'22" East for a distance of 14.758 meters (48.42 feet); thence run South 30°17'25" East for a distance of 5.852 meters (19.20 feet); thence
run South 59°42'34" West for a distance of 2.469 meters (8.10 feet); thence ru South 32°05;24;'
distance of 1.280

East for a distance of 32.010 meters (lO5.02 feet); thence run South 53°00'39" West for a meters (4.20 feet); thence run South 36°59'21" East for a distance of 7;065

39018'22" East for a distance of 5.270 meters (17.29 feet); run South 36°58'53" East for a distance of 15.840 meters(5L.97 feet); t,hence ru South thence 30°11'54" East for a distance of 15.487 meters (50.81 feet); thence run South 24°54'25" East for 0.610 a distance of 9.025 mèters (29.61 feet); thence run South 65°05'36" West for a distance of meter (2.00 feet); thence run South 24°54'24" East for a distace of 6.358 meters (20.86 feet);
meters (23.18 feet); thente run South thence run South 21 °49'31" East for a

distance of 15.356 meters (50.38 feet); thence ru South
run South 13°10'42" East

17°52'36" East for a distance of 6.248 meters (20.50 feet); thence run distance of i 1.433 meters (37.51 feet); thence

The Trust for Public LandlCSX - Sarasota
Legal description

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South 18°33'38" East for a
for a distance of 13.079

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meters (42.91 feet); thence run South 12°02'54" East for a distance of9.559 meters (31.36 feet); thence run South 11053'44" East for a distance of 10.220 meters (33.53 feet); thence run South 1 lò40'33" East for a distance of 16,673 meters (54.70 feet); thence run South 1 1°43'10" East for a distance of25. 146 meters (82.50 feet); thence run South 78°13'37" West for a distance ofO. 143 meter (0.47 feet); thence run South 11°47'40" East for a distance of 85.469 meters (280.41 feet);

thence ru North 89°23'38" West for a distance of 38.905 meters (127.64 feet) to a point on circular curve concave to the Northwest, the chord for which bears South 13°59'07" East, thence
run Southeasterly along the arc of said cUrve, having a radius through a central angle of 02°31'27", for an arc distace

of 857.950 meters (28 i 4~ 79 feet),

of 37.798 metes (124.01 feet) to a point on said curve; thence run North 89°23'38" West for a distance of 11.086 meters (36.37 feet) to a
point on a

circular curve concave to the Northeast, the chord for which bears North 14°25'23"

Wèst, thence run Northwesterly along the arc of said curve, having a radius of 868.617 meters 01°14'57", for an arc distance of 18.937 meters (62.13 feet), through a central angle of (2849.79 feet) to the POINT OF BEGINING.
Containing 12,754.111 square meters (137,282.7 square feet), more or less.

Parcel 2 (100-B)

Commence at the intersection of the centerline of the Main Track of the Seminole Gulf Railway as show on Valuation Map Station 3916+50 to Station 3957+66 dated December Right-of-way as the CSX Transportation, Inc. and the centerline of Venice Avenue 31, 1927 now known Right-of-way (120.00 foot wide Right-of-way); thence run North 89°23'38" West along the centerline of Venice Avenue for a distance of 4.834 meters (15.86 feet) to the POINT OF BEGINNING, also being a point on a circular curve concave tö the Northeast, the chord for
which bears South 14°15'46" East, thence ru Southeasterly along the arc of radius of 877.762 meters (2879.79 feet), through a central angle of said curve,

having a

01°14'07", for an arc distance

of 18.922 meters (62.08 feet) to a point on said curve; thence run North 89°23'38" West for a

distance of 1 1.064 meters (36.30 feet) to a point on a circular curve concave to the Northeast, the

chord for which bears North 13028'26" West, thence run Northwesterly along the arc of said
curve, having a radius of 888.430 meters (2914.79 feet), through a central angle of 02°25'55", for

an arc distance of 37.713 meters (123.73 feet), to a point òn said curve; thence run South
89°23'38" East for a distance of 10.945 meters (35.91 feet) to a to the Northeast, the chord for which thearcöfsaid curve, having a radius of

point on a circular curve concave

beas South 13°01'52" East, thence run Southeasterly along

877.762 meters (2879.79 feet), through a central angle of
point on said cure, also being

01°13'42", for an arc distance of 18.818 meters (61.74 feet) to a

the POINT OF BEGINING; .
Containing 402.469 square meters (4,332.1 square feet), more or less.

ALSO LESS AND EXCEPT

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INSR~M~U 120~5085~5

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That part of that certain parcel of land described in Offcial Records Book 2033, Page 2643 of the Public Records of Sarasota County, Florida lying within the 100.00 foot wide nght-of~way formerly known as Seaboard Air Line Railway Co., Venice Branch, said parcel being therein
described as follows:

A parcel of land situate in Section 7, Twp. 39-S, Rge. 19 East, Sarasota County, Florida, and being more paricularly bounded and described as follows: Commence at the intersect1òn of the center at Hatchett Creek with the center of the main track of Seaboard Coast Line; thence South along the center of said main track 57.20'; thence East 25.00' for a P.O.B.; said point being the
approximate Mean High Water Line of said Hatchett Creek; thence southeasterly

and southerly

meandering along the said Mean High Water Line of Hatchett Creek 575.00' more or less point, said point being East 250.00' from said center of the main track; thence South along

to a
a line

parallel with and 250.00' Easterly of said main track 512.50'; thence West 75.04' to a poiilt, said

point being East 8.00' from the center of Spur Track 3# of said Seaboard Coast Line; thence along the following courses being 8.00' Easterly of the center of said Spur Track #5: Noo05'03"
E 82.50'; N 0°07'40" E 54.70'; N 0°05'31" W 33.53'; N 0°14'41" W 31.36'; N 1022'29" W 42.91'; N 6°4$'25" W 37.51'; N6°04'23" W 20.50'; N 10001'18" W 50.38' and N 13°06'll" W 20.86'; thence N 76°53'49" E 2.00' to a point on a building wall; thence along the following courses being 10' easterly of said Spur Track #5: N 13006'12" W 29.61'; N 18°23'41" W 50.81'; N 25°10'40" W 51.97'; N 27030'09" W 17.29' and N 25°11'08" W 23.18'; t.hence N 64048'52" E 4.20' to a point on the westerly side of a block retaining wall; thence continuèalong said block
wall N 200 i 7' 11" W 105.02'; thence N 71 °30'47" E 8.10'; thence along the following courses being 25.00 feet norteasterly of said Spur Track #5: N 18°29'12" W 19.20'; N 13°45'09" W 48.42'; N lO038'52"W 48.92'; N 8018'38" W 48.41'; N 6°44'59" W 49.91'; N 3°35'55" W 80.70'

and North 27.52'to the P.O.B.

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INS1RUM~NT I iø055~5

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r -----

! INSrmNr # 2ØØ500855
'.16 PGS

BEING more particularly shown on plat of survey dated March 26, 2004, last revised December, 2004 prepared by L. Scott Brown, Registered Land Surveyor and Mapper No.
5271, George F. Young, Inc., 8621 Marin Luther King Boulevard, Tampa, FL,

incorporated herein by.reference.

BEING a portion of the property acquired by predecessors of Grantor, by the following instruments, recorded among the Public Land Records of Sarasota County, Florida:
DEED BO( IPAGE

GRANTOR Adrian Honore Adrian Honore Sarah O. Webber J. B. Hutchings, Et Ux
AdrÎan Honore

Adrian Honore
A. E. Blackburn, Et Ux Adrian HonOre Clement Philips, Et Ux Potter Palmer, Jr., Et Ux Clement Phillips, Et Ux H. M. Frazer, Et Ux
Sarasota Venice Co.

GRANTEE Seaboard Air line Rai/way Company Seaboard Air line Railway Company Seaboard Air Line Railway Company Seaboard Air line Railway Company Seaboard Air line Railway Company Seaboard Air Line Railway Company Seaboard Air Line Railway Company Seaboard Air Line Railway Company

DEED DATE

11/15/1910
1111511910 6)2111901

26/127 26/127 76/32
2317

9129/1910
1111511910

11/15/1910 915/1910
1111.5/1910 915/1910

Seaboard Air line Railway Company
Seaboard AJr Line Railway Company Seaboard Air Line Railway Company Seaboard Air I,Jne Railway Company Seaboard Air Line Railway Company Seaboard Air line Railway Company Seaboard Air Line Railway Company Seaboard Air Line Railway Company Seaboard Air Line Railway Company

11110/1910 915/1910

9/5/1910
1 1

26/127 26/127 19/54 26/127 19/557 20/119 19/557 19/558
19/570 19/571 83/451 83/451 162/14 430/47 1105/55:

Jesse Knight Jesse Knight, Et AI B. L. E. Realty Corporation B. L. E. Realty Corporation

9/3/1910 9/3/1910 4/4/1927 4/4/1927
1/5/1940 6/19/1963 3/2111975

Honore' Palmer And Potter Palmer,
As Trustees

Seaboard Air Line Railway Company Seaboard Air Line Railway Company Sa raven Corporation West Coast Inland Navigation Oist. Seaboard Coast Line Railroad Co

On July i, 1967 the Atlantic Coast Line Railroad Company merged with the Seaboard Coast Line Railroad Company. On Air Line Railroad Company to form the Seaboard

December 29, 1982 the Louisv,ille and Nashville Railroad Còmpanymetged into
Seaboard Coast Line Railroad Company, and the name of the surviving corporation changed to Seaboard System Railroad, Inc. On July 1, 1986, Seaboard System Railroad,
Inc. changed its name to CSX Transportation, Inc.

By proclamation of the President of the United States, dated December 26, 19.1, the

Federal Government took possession and assumed control of the railroad of the Seaboard Air Line Railway Company from and after twelve o'clock, December 28,
19 i 7. On August i, i 946, pursuant to a plan of reorganization, all the properties of

Seaboard Air Line Railway Company were transferred to Seaboard AirLine Railroad Company. On July i, i 967 the Atlantic Coast Line Railroad Company merged with the

Seaboard Air Line Railroad Company to form the Seaboard Coast Line Railroad

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Company. On December 29, 1982 the Louisvile and Nashvile Railroad Company merged into Seaboard Coast Line Railroad Company, and the name of the surviving corporation changed to Seaboard System Railroad, Inc. On July 1, i 986, Seaboard
System Railroad, Inc. changed its name to CSX Trasportation, Inc.

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INS1RINl , 20009S8S
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'\

í
ItffTRUNT # 2000008
,16 PGS

CSX TRASPORTATION, INC

CERTIFICATE RE EXCUTION OF DOCUMENfS

i, DONNA W. MELTON, Corprate Secretary of CSX TRSPORTATION, INC., do
hereby certify that (a) the attached excerpt maked Exhibit "A" from the minutes of the action of

the Board

of Directors of this corpration dated January 2, 1992 (the "Resolution"), goveming instrctions with

respect to the execution of deeds, leases, contrcts, agreements and other documents pertining to real estate
to which this corpration may be or become a part, and (b) the attched Designation from the President and

Chief Executive Offcer of this corporation dated January 26tl, 2004 (the "Designation") marked Exhibit
"S" from the business records of this corpration, are tre and correct and in force as of

this date.

I do hereby fuer certify that Stephen A. Crosby is the duly appointed President of CSX

Real Prope, Inc., and pursuant to the Designation referenced above is now authorized to execute any and

all deeds, leases, contrcts, agreements and other documents pertining to real estate in accordace with the
Resolution and such Designation.

~ku 't. ht dt
Corporate Secretary of

CSX TRSPORTATION, INC.

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,." 'ß........; I,..

. ;....".";.:.1'.1.;........... .',,"~ \p, '. 11i/ '..

Jacksonville, FL

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(
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Page 16 of 17

Exhibit "A"

lô PG

CSX TRSPORTATION. INC.
Excert from minutes of director's action without meeting as of January 2. 1992

INSTRUCTIONS GOVERNING THE ACQUISITION, DISPOSITION, OR ENCUMBRACE OF PROPERTY OR RIGHTS THEREIN, CAPrf AL

EXPENDITU, CONTRACTAL OBLIGATIONS, rnE ISSUANCE
OF SECURffS, AN THE EXECUTION OF DEEDS, LEASES,

CONTRCTS, AGREEMENTS, AN OrnER DOCUMENTS
TO WHICH THIS CORPORATION MAYBE A PARTY

RESOLVED, that, effective Janua 1, 1992, th foHowing instrctions win apply to the acquisition, disposition, or encumbrance of propert or rights therein, the authorization for capital expenditues, contractùl obligations, the issuance of securties, . and the execution and custody of deeds, leases, contrcts, agreements, and other documents
to which this corpration or any duly aùthorized agent of

this corporation may be a pa:

.

.

.

.

.

.

(8) Unless prepared without deviation on stadard form previously approved by the

legal deparent of this cörporation, all deeds, leases, contrcts, agreements,
instrents to sell securties, notes, gurantees, consents, releases, reports, and

other documents to which this corpration may be a par shan be submitted to such legal deparent for approval in advance of their execution, and such documents, C:cept as otherwse provided herein, may be executed by the President and Chief Executive Officer, any Executive Vice-President, any Senior Vice-President or any duly elected Vice-President of the corporation, or any other person who has

been so authorized by resolution of the Board of Directors or in wrting by the
President and Chief Executive Offcer, but only after they shall have had alI required approvals; and fuer that such letters of designation shall be fied with

the Vice-President and Coi:rate Secretary of the corporation.

.

.

.

.

.

.

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Exhib.it "s"

(
CSX Transportation, Inc. HSfRI£UT # 200500æ

'\

DESIGNATION ' i~ ~
WHEREAS, under Section 8 of the Resolution of CSX Transportation, Inc.

("CSXr), approved on or about January 2, 1992, governing the exection of real
estate relatèd deeds, leases, contracts, agreements, and other documents to

which CSXT may be or become a party, the President and Chief Executive Offcer of CSXT may designate persons to execute such documents on behalf of CSXT;

WHEREAS, the undersigned is the President and Chief Executive Offcer of the corporation;

WHEREAS, CSXT and CSX Real Propert, Inc. ("RPI") are parties to an
agreement entitled, "Property Management Agreement and Limited Power of

Attorney," effective March 1, 1990, and to certain extension agreements thereto

with management, acquisition, analysis, valuation, marketing, sales and
development services with respect to CSXT's real property; and

(collectively, the "Management Agreemenn, under which RPl provides CSXT

WHEREAS, CSXT desires to give the President of RPI the authority to sign certain real estate documents on behalf of CSXT in order to ensure efficient
and effectve contracting and dosing processes stemming from HPJ's services

under the Management Agreement
NOW, THEREFORE, i hereby designate Stephen A. Crosby, President CSX Real Property, Inc., under Section 8 of the Resolution and empower him to

execute, on behalf of CSXT, deeds, leases, contracts agreements, and other documents pertaining to real estate fallng within the Management Agreement,
provided that nothing herein shall (a) alter Of eliminate the need to solicit and receive the appropriate level of corporate approval as set forth in the Resolution or the Management Agreement; (b) restrct my exercise of authority, or my right to designate additional persons to exercise such authority, under the Resolution; or (e) modify the grants of authority contained in the Managerrent Agreement.
This Designatioh shall be effective immediately and shall continue until

revoked by the undersigned, or my successor.

By:

/1 di-u .:IJa'LMichael J. Ward. President and Chief Executive Offcer CSX Transportation, Inc.

Name:
Title:
Dated this ;Ji'L _ day of January, 2004.

D 0043