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Eckerd @ Vanderbilt GalleriaDATE: TO: FROM: RE: MEMORANDUM June 8, 1999 Maureen Kenyon, Supervisor, Clerk to Board Shirley Nix, Engineering Technician II /- Project Plan Review Eckerd @ Vanderbilt Galleria Water and/or Sewer Facilities Acceptance Recording Fee Number 113-138312-649030 ~ //l/_~t~/J /2 , t$9 The Board of County Commissioners a final acceptance of the water and/or sewer facilities within the above-referenced project. Attached, please find the following recorded, in order: 1. Utilities Facilities Subordination, Consent and Joinder 2. Bill of Sale 3. Utility Easement 4. Utilities Facilities Warranty Deed Also, please find attached the following documents for your files. 9. 10. 11. Owner's Affidavit Attorney's Affidavit Copy of preliminary approval letter from Engineering Review Copy of Letter of Credit Engineer's final payment confirmation Certification of pressure testing of water lines by Engineer of Record Certification of pressure testing of sewer lines by Engineer of Record Memorandum to Maureen Kenyon, Supervisor, Clerk to Board June 8, 1999 Page Two 12. 13. Bacteriological clearances (DER certification) for water facilities DER Placement-in-Service letter for sewer facilities 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Contractor's Final Release of Lien Lab results on bacteriological test for water lines Verification of final cost (Detailed: quantities, sizes, unit cost, total cost, etc.) Letter by Engineer certifying that all water and/or sewer facilities are located within the public right-of-way or dedicated easements Contractual Guarantee for material and workmanship for a period of at least one year after the Board of County Commissioners' acceptance for both water and sewer facilities Payment of water usage, laboratory and administrative charges for filling, flushing and bacteriologically certifying water lines from invoice prepared by the Utilities Division Letter from fire district regarding ownership and maintenance of fire hydrants and certification of field fire flow capacity testing Copy of backflow prevention assembly test report Certification of the inflow/infiltration test for the sewer lines by Engineer of Record Coating certification of man holes, wet wells and dry well from manufacturer Electrical Contractor's certification on Pump Station electric service wire sizing and voltage drop, pursuant to National Electrical Code specification Copy of pump station start-up report Memorandum to Maureen Kenyon, Supervisor, Clerk to Board June 8, 1999 Page Three 26. 27. Letter from Compliance Services section certifying that the final inspection reveals that the Utility facilities have been constructed in accordance with County ordinances and regulations One copy of utility easement If you have any questions, please call and advise accordingly. attachments doc:2094-2 .'4 This instrument prepared by: Vivien N. Hasfrogs, Esq. 24301 Walden Center Drive Bonita Springs, Florida 34134 2484473 OR: 2552 PG: 3262 RECORDED in O~HCIAL RECORDS of COLLIER COUNT~, ~L 06/01/1999 at 08:53AM DWIGHT ~. BROCK, CLBRK HC FH 28,50 Retn: ENGINEERING REVIEW SERVICES SHIRLEY NIX ~X? 5586 UTILITY FACILITIES SUBORDINATION AND CONSENT Eckard at Vanderbilt Galleria THIS SUBORDINATION AND CONSENT given this }A day of April, 1999 by WCI COMMUNITIES LIMITED PARTNERSHIP, a Delaware limited partnership (hereinafter referred to as "Mortgagee"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, its successors and assigns (hereinafter referred to as "County"). Mortgagee is used as singular or plural, as the context requires. WITNESSETH- WHEREAS, Mortgagee is the owner and holder of that certain Mortgage in favor of WCI Communities Limited Parmership, a Delaware limited parmership, recorded in Official Records Book 2452, Page 162 (hereinafter referred to as "Mortgage"), encumbering the premises legally described therein, (hereinafter referred to as the "Encumbered Property"). WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements for the installation and maintenance of water utility facilities, over and across a portion of the Encumbered Premises legally described as a Utility Easement situated in the State of Florida, County of Collier, lying in Section 35, Township 48 South, Range 25 East and more particularly described in Exhibit "A" and Exhibit "B" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property". WHEREAS, County has requested that Mortgagee consent to and subordinate its Mortgage to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to the fee simple owner granting the non-exclusive easement referred to above and hereby subordinates the lien of its Mortgage to the grant of that certain easement described herein, over, under, and across the Easement Property and any interest of the County in the water ufdity facilities located therein or aff'LXed thereto. Except as subordinated to the easement described herein over, under and across the Easement Property or any water utility facilities located therein or affLXed thereto, said Mortgage shall remain otherwise in full force and effect. The subordination set forth herein is limited strictly to the rights of the County, its successors and assigns, created by the easement described herein and this subordination shall not constitute a subordination to the rights of any other person or entity that holds any interest in the easement K:legalh'obin\bayksubordination OR: 2552 PG: 3263 IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Signed, sealed and delivered a in the presence of:~ Signature ~ Laurel Sitterly Robin Huffman Print Name WCI COMMUNITIES LIMITED PARTNERSHIP, Delaware limited parmership By: j~l~ Vivien N. Hastings Its: Senior Vice Presidem * · Executed pursuant to authority granted in Certificate of Authority/ Power of Attorney recorded in OR Book 2515, Page 3020, Public Records of Collier County, Florida. 25301 Walden Center Drive Bonita Springs, Florida 34134 STATE OF FLORIDA COUNTY OF LEE The foregoing Utility Facilities Subordination and Consent was acknowledged before me by Vivien N. Hastings, as Senior Vice President of WCI Communities Limited Partnership. She is personally known to me. WITNESS my hand and official seal this ~__~day of Ap/ri~. [Notary Seal] My Commission Expires: _--"*:"~ ~ -'(~[ MY COMMISS,O. # CC 721196 ~_~:~?/ EXPIRES: March 3, ~2 l~:~:~:~,~:,~'~ ,~.,., T,..~ ~,,,~ u,.~ -~'~'"~ '~ ~' ~-r ~ ~ --- 2 ENGINEERS & SCIENTISTS, INC. 0R' 2552 PG: 3264 2726 Swamp Cabbage Court Ft. Myers, FL 33901 (941) 274-0991 FAX: (941) 275-0992 EXHIBIT "A" UTILITY EASEMENT LYING IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIEllt COUNTY, FLORIDA A UTILITY EASEMENT SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION O17 THE WESTERLY RIGHT OF WAY LINE OF AIRPORT PULLING ROAD (200 FOOT WIDE PUBLIC RIGHT OF WAY) AND THE NORTHERLY RIGHT OF WAY LINE OF VANDERBILT BEACH ROAD (200 FOOT WIDE PUBLIC RIGHT OF WAY), THENCE N.00°31'59"W. ALONG THE SAID WESTERLY LINE FOR 370.82 FEET TO THE POINT OF BEGINNING OF TI'IE FOLI,OWING DESCRIBEI) EASEMF, NT,, THENCE S.g9°28'01"W FOR 5.00 FEET; TItENCE S.00°31'59"E. FOR 3.62 FEET; TIIENCE S.89°28'01"W FOR 15.00 FEET; THENCE S.89°28'0 I"W. FOR 15.00 FEET; Tt IENCE N.00°31 '59"W. FOR 18.62 FEET; THENCE N.89°28'0 I"W. FOR 20.00 FEET TO THE WESTERLY LINE OF SAID AIRPORT PULLING ROAD; THENCE S.00°31'59"E. ALONG SAID WESTERLY LINE FOR 15.00 FEET TO THE POINT OF BEGINNING OF SAID EASEMENT. PARCEL IS SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS, AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE WEST RIGHT OF WAY LINE OF AIRPORT PULLING ROAD AS HAVING AN ASSUMED BEARING OF N.00°31 '59"W. PREPARED BY: BCI ENGINEERS AND SCIENTISTS FLORIDA LICENSED ENTITY No. 6868 DENNIS A, MILLER PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE No. 5626 SIIEET I OF 2 U:\Survey Department\Projects\7657-Eckards Naples\7657skl .doc OR: 2552 PG: 3265 o 0 0 ~ o ~ ~ WESTERLY R.O.W, LINE g (200' WIDE PUBLIC R.O.W.) b m ~PPP ~ z o~OO C~ZZ Z~ ~000 ~z mZ Z ~ SHEET 2 OF 2 CLIENT: ~ ~Y O~LO~l -~ THIS iS NO~ A 8uUNO4RY SUR~ FLORIDA LICENSED SURVEY BUSINESS ~6868 '~CALE: 1": 10' 2726 SWAMP CABBAGE COURT - FORT MYERS. FL ~3901 PROJECT NO.: 98-7657 PHONE: (94~) 2~4~-0991 SURV'I~YOR~, LANI~SC,L~I'E AI~.¢qtlTECTS, (--i;ONSTI~,L;(71'ION Description of Part of Section 35, Township 48 South, Range 25 East Collier County, Florida (20'x35' Collier County Utility Easement) All that part of Section 35, Township 48 South, Range 25 East, Collier County, Florida and being more particularly described as follows: Commencing at the southeast comer of said Section 35; thence along the south line of said Section 35, South 89°-38'-54" West 100.00 feet to a point on the west right-of-way line of Airport-Pulling Road (C.R. 31); thence leaving said section line, North 00°-31'-59" West 160.00 feet north right-of-way of Vanderbilt Beach Road; thence along said right-of-way South 89°38'54" West 310.00 feet to the Point of Beginning; thence continue South 89°38'54" West 20.00 feet; thence leaving said right-of-way North 00°31'59" West 35.00 feet; thence North 89038'54" East 20.00 feet. thence South 00031'59" East 35.00 feet to the Point of Beginning; Bearings are based on the South line of said Section 35, South 89°-38'-54" West Subject to easements, restrictions and reservations of record. WILSON, MILLER, BARTON & PEEK, INC. Registered Engineers and Land Surveyors Date: Not vafid/ nless embossed wi . the~sional's Ref. 2L-596, sheet 3 Date March 29, 1999 seal. EXHIBIT "B" 3/29190-556'/9 Vet: Ol!-MSale NO I 3r~076- 501-0 WILSON, MILLER, BARTON & PEEK, INC. 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 ' Ph 941-649-4040 Fx 941-643-5716 Web Site: www.wilsonmiller. com E-mail: naples@wilsonmiller.com N ~ q)les Fort Myers Nm'~s~,c~ P, rctdcn l on *** OR: 2552 PG: 3267 *** I z -~ I-rl ~> .I AIRPORT 200' PULLING ROAD (C.R. RIGHT OF WAY 31) This Instrument Prepared by: J. Thomas Conroy, III Morrison & Conroy, PoA. 3838 Tamiami Trail North, Suite 402 Naples, Florida 34103 24844 OR: 2552 PG: 3268 06/01/1999 at 08:5~AM DWIGHT B, BROCK, CLERK RBC FBB 28,50 Retn: BNGINBBRIN~ RBVIBW SBRVICBH $HIRLBY NIX BXT 5586 UTILITY FACILITIES SUBORDINATION, CONSENT AND JOINDER THIS SUBORDINATION, CONSENT AND JOINDER given this fifi~ day of April, 1999 by AmSouth Bank, a banking corporation organized and existing under the laws of the State of Alabama (hereinafter referred to as "Mortgagee"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "County"). Mortgagee is used as singular or plural, as the context requires. WITNESSETH: WHEREAS, Mortgagee is the owner and holder of that certain Mortgage and Security Agreement dated August 14, 1998 and recorded August 17, 1998 in Official Records Book 2452, Page 373 (hereinafter referred to as "Mortgage"), encumbering the premises legally described therein, (hereinafter referred to as the "Encumbered Property"). WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements for the installation and maintenance of water utility facilities, including potable and fire protection, over and across a portion of the encumbered premises legally described as a Utility Easement situated in the State of Florida, County of Collier, lying in Section 35, Township 48 South, Range 25 East and more particularly described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property". WHEREAS, County has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the County in any water utility facilities, including potable and fire protection, located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any utility facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. The subordination set forth herein is limited strictly to the rights of the County, its successors and assigns, created by the easement described herein and this subordination shall not constitute a subordination to the rights of any other person or entity that holds any interest in the easement area. Utilities Facilities Subordination, Consent and Joinder Pelican Bay Developments, III, L.C. Page 1 of 2 OR: 2552 PG: 3269 IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Print Name: Barbara T. Bennett AmSOUTH BANK, a banking corporation organized and existing under the laws of the State of Alabama By: Ti~fothy J. McLean Its: Vice President STATE OF FLORIDA COUNTY OF COLLIER The foregoing Utility Facilities Subordination, Consent and Joinder was acknowledged before me by Timothy J. McLean, as Vice President of AmSouth Bank, a banking corporation organized and existing under the laws of the State of Alabama, on behalf of the bank. He is personally know to me. WITNESS my hand and official seal this 19thday of April, 1999. ~/ixlotary Public, State of Florida My Commission Expires: Printed Name of Notary Public Docs\Vanderbilt UtilitiesFacilitiesMtgSubordin ation Utilities Facilities Subordination, Consent and Joinder Pelican Bay Developments, III, L.C. Page 2 of 2 ENGINEERS ~ SCIENTISTS, INC. OR' 2552 PG' 3270 2726 Swamp Cabbage Court Ft. Myers, FL 33901 (941) 274-0991 FAX: {94'1) 275-0992 EXHIBIT "A" UTILITY EASEMENT LYING IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA A UTILITY EASEMENT SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF AIRPORT PULLING ROAD (200 FOOT WIDE PUBLIC RIGHT OF WAY) AND THE NORTHERLY RIGHT OF WAY LINE OF VANDERBILT BEACH ROAD (200 FOOT WIDE PUBLIC RIGHT OF WAY), THENCE N.00°31'59"W. ALONG THE SAID WESTERLY LINE FOR 370.82 FEET TO THE POINT OF BEGINNING OF TIlE FOLLOWING DESCRIBEI) EASEMENT., 'FIIENCE S.89°28'01"W FOR 5.00 FEET; THENCE S,00°31'59"E. FOR 3,62 FEET~ THENCE S,89°28'01"W FOR [5,00 FEET; THENCE S.89°28'01"W. FOR 15.00 FEET; THENCE N.00°3 ~'59"W. FOR 18.62 FEET; THENCE N.g9°28'01"W. FOR 20.00 FEET TO THE WESTERLY lANE OF SAID AIRPORT PULLING ROAD; THENCE S,00°31'59"E. ALONG SAID WESTERLY LINE FOR 15.00 FEET TO THE POINT OF BEGINNING OF SAID EASEMENT. PARCEL IS SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS, AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE WEST RIGHT OF WAY LINE OF AIRPORT PULLING ROAD AS HAVING AN ASSUMED BEARING OF N,00°31'59"W. PREPARED BY: BCI ENGINEERS AND SCIENTISTS FLORIDA LICENSED ENTITY No. 6868 DENNIS A. MILLER PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE No. 5626 SHEET 1 OF 2 U:\Survey Department\Projects\7657-Eckards Naples\7657skl .doc OR: 2552 PG: 3271 L-z.J,--, ~ I W N.00'31 '59"W. 18.62' ~ b ~ · o z O ~ ] Io ~ ~ ~ WESIE~LY R.O.W. LINE , ~ 370.82' ~ ~ 5.00' ' ' N.00.3 ~ '59"W. ~ z Am OR OAD 3 ' O (g00 ~zDg PuBgzc R.o.~.) ~ o z z o~OO C~ZZ Z~ ~OOO ~Z ~Z z~ z ~HEET 2 OF 2 CLIENT: ~ ~Y O~m~ THIS iS NOT A BOUNDARY SURV~ DRAWN BY: JWG ENGINEERS - SCIENTISTS - SURVEYORS FLORIDA LICENSED SURVEY BUSINESS ~6BB8 SCALE: ~"= ~0 ' 2726 SWAMP CABBAGE COURT - FORT MYERS, FL 53901 PROJECT NO.: 98-7657 PHONE: {94~) 274-099~ ~A ~E~ ~ ~ Description of Part of Section 35, Township 48 South, Range 25 East Collier County, Florida (20'x35' Collier County Utility Easement) All that part of Section 35, Township 48 South, Range 25 East, Collier County, Florida and being more particularly described as follows: Commencing at the southeast comer of said Section 35; thence along the south line of said Section 35, South 89°-38'-54" West 100.00 feet to a point on the west right-of-way line of Airport-Pulling Road (C.R. 31); thence leaving said section line, North 00°-31'-59" West 160.00 feet north right-of-way of Vanderbilt Beach Road; thence along said right-of-way South 89o38'54" West 310.00 feet to the Point of Beginning; thence continue South 89°38'54" West 20.00 feet; thence leaving said right-of-way North 00°31'59" West 35.00 feet; thence North 89°38'54" East 20.00 feet. thence South 00°31'59" East 35.00 feet to the Point of Beginning; Bearings are based on the South line of said Section 35, South 89o-38'-54" West Subject to easements, restrictions and reservations of record. WILSON, MILLER, BARTON & PEEK, INC. Registered Engineers and Land Surveyors By: J~h?/P. Maloney, P.S ~#44~ Not vai'id'~nless embossed wi th~sional's Ref. 2L-596, sheet 3 Date March 29, 1999 seal. EXHIBIT "B" 3/29/99-556'79 Vet: 01 !-MStIc N0136-076-501--0 WILSON, MILLER, BARTON ~ PEEK, INC. 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 ' Ph 941-649-4040 Fx 941-643-5716 Web Site: www. wi[sonmiller. com E-maLl: naples@wilsonmil[er. com IWaples Fort M x'ers Xm'as~,to Brad,mum *** OR: 2552 PG: 3273 *** c> AIRPORT PULLIN(; ROAD 200' RIGHT OF WAY 2484475 OR: 2552 PG: 3274 RECORDED in OPPICIAL RBCORDS of COLLIER COUNTY, FL 06/0~/I999 at 08:53AM DWIGHT B, BROCK, CLBRK R~C ~ 28.50 Retn: ~IRL~¥ NIX BILL OF SALE Tins B~.~OF SALE. gvide.nci, ng made this ~ r'htay of/~-q//'t / the sale and conveyance of the utility facilities described herein is ,1999, by Vanderbilt Galleria, L.C, (hereinafter referred to as "Seller"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Buyer"). WITNE S SETH: That said Seller, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Seller in hand paid by the said Buyer, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the Buyer, and the Buyer's heirs, successors and assigns forever, all those certain utility facilities lying within the following described lands, together with appurtenant easement rights for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida, to wit: (See the legal description of the water utility easement set forth in Exhibit "A" and the legal description of the sewer utility easement set forth in Exhibit "B" attached hereto and incorporated by reference herein.) The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful owner of the said goods and chattels herein referred to as utility facilities; that said goods and chattels are free from all liens and encumbrances; that it has good right, title and authority to sell same, and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoever. Seller and Buyer are used for singular or plural, as the context requires. OR: 2552 PG: 3275 IN WITNESS WHEREOF, SELLER has caused these presents to be executed the date and year first above written. Vanderbilt Gal~ar~ C~--~~ B~Nas~ ~'~ hm/~ar~(ge~.~'~~~ State o~ FLORIDA County of: COLLIER The foregoing document was acknowledged before me by James A. Nashman on behalf of Vanderbilt Galleria, L.C. personally kngw~wn __ or produced identification produced: '~ WITNESS my hand and official seal this q-~ day of ~ ~ ,1999. NOTA~bPL~ My Commission Expires: Lazara Roberts Notary Printed Name Prepared by: Planning Development Incorporated 5133 Castello Drive Suite 2 Naples, Florida 34103 2726 Swamp Cabbage Court Ft. Myers, FL 33901 (941) 274-0991 FAX: (941) 275-0992 ENGINEERS & SCIENTISTS, INC. EXHIBIT "A" UTILITY EASEMENT LYING IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA OR: 2552 PG: 3276 A UTILITY EASEMENT SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 35, TOWNSHIP 48 SOUTIt, RANGE 25 EAST, DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE WESTEREY RIGHT OF WAY LINE OF AIRPORT PULLING ROAD (200 FOOT WIDE PUBLIC RIGHT OF WAY) AND THE NORTHERLY RIGHT OF WAY LINE OF VANDERBILT BEACH ROAD (200 FOOT WIDE PUBLIC RIGHT OF WAY), THENCE N.00°31'59"W. ALONG THE SAID WESTERLY LINE FOR 370.82 FEET TO THE POINT OF BEGINNING OF TIlE FOI,I,OWING DESCRIBF, I) EAS!'~MENT., TIIENCE S.89°28'01"W FOR 5.00 FEET; TttENCE S.00°31'59"E. FOR 3.62 FI'~ET; TIIENCE S.89°28'01"W FOR 15.00 FEET; THENCE S.89°28'01"W. FOR 15.00 FEET; THENCE N.00°31'59"W. FOP, 18.62 FEET; THENCE N.89°28'01"W. FOR 20.00 FEET TO THE WESTERLY LINE OF SAID AIRPORT PULLING ROAD; THENCE S.00°31'59"E. ALONG SAID WESTERLY LINE FOR 15.00 FEET TO THE POINT OF BEGINNING OF SAID EASEMENT. PARCEL IS SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS, AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE WEST RIGHT OF WAY LINE OF AIRPORT PULLING ROAD AS HAVING AN ASSUMED BEARING OF N.00°31 '59"W. PREPAI;'~D BY: BCI ENGINEERS AND SCIENTISTS FLORIi~A LICENSED ENTITY No. 6868 DENN!S A. MILLER PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE No. 5626 SHEET 1 OF 2 U:\Survey Department\Projects\7657-Eckards Naples\7657skl .doc OR: 2552 PG: 3277 O ~ , o ~ ~ n- u~ N.00'31'59"W. 18.62' ::;D ~.o c0 ~ o -~ c~l~o ~ ~ '--I ~ 0 0 0 o ~ ~ b 0 o · ~ I~1 WESTERLY R,O.W. LINE ' ~.o0'~'i '~"w. Z (200' WIDE PUBLIC R.O.W.) b m o o~OO ~Z~ ~000 SHEET 2 OF 2 CLIENT: ~ ~ o~o~ ...... THIS IS NOT A BOUNDARY SUR~ FLORIDA LICENSED SURVEY BUSINESS SCALE: 1"= ~0' 2726 SWAMP CABBAGE COURT F'ORT MYERS, FL 35901 PROJECT NO.: 9~-7657 PHONE: (941) 274-0991 · OR: 2552 PG: 3278 EXHIBIT "B" Description of Part of Section 35, Township 48 South, Range 25 East Collier County, Florida (20'x35' Collier County Utility Easement) All that part of Section 35, Township 48 South, Range 25 East, Collier County, Florida and being more particularly described as follows: Commencing at the southeast comer of said Section-35; thence along the south line of said Section 35, South 890-38'-54" West 100.00 feet to a point on the west right-of-way line of Airport-Pulling Road (C.R. 31); thence leaving said section line, North 00°-31'-59" West 160.00 feet north right-of-way of Vanderbilt Beach Road; thence along said right-of-way South 89°38'54" West 310.00 feet to the Point of Beginning; thence continue South 89°38'54" West 20.00 feet; thence leaving said right-of-way North 00°31'59" West 35.00 feet; thence North 89°38'54" East 20.00 feet. thence South 00031'59" East 35.00 feet to the Point of Beginning; Bearings are based on the South line of said Section 35, South 890-38'-54" West Subject to easements, restrictions and reservations of record. WILSON, MILLER, BARTON & PEEK, INC. Registered Engineers and Land Surveyors By: J6hn'm' Maloney, P.SiM//~#44~ Not val;id"~tnless embossed wi tht. tk.. e..~_P~f~sional's Ref. 2L-596, sheet 3 Date March 29, 1999 seal. 3/29/99-55679 Vcr 01*-MSal¢ NO I 36-076. 501 - -0 WILSON, MII-I_ER, BARTON ~ PEEK, INC. 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 ° Ph 941-649-4040 Fx 941-643-5716 Web Site: www.wilsonmiller. com E-mail: naples@wilsonmitler.com 2484476 OR: 2552 PG: 3280 RECORDED in OFHCIAL RECORDS of COLLIER COUNTY, F 06/01/1999 at 08:53AM DWIGHT E, BROCK, CLERK DOC-.70 Retn: ENGINEBRING R~VI~W S~RVIC~S SHIRLEY NIX BXT 5586 UTILITY EASEMENT THISEASEMENT, grantedthis jT~dayo£ .~../ 1999, by Vanderbilt Galleria, L,C. as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORID& AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain utility facilities, in, on, over and under the following described lands being located in Collier County, Florida, all County utility easements indicated CUE for installation and maintenance of its facilities. DevelopeWHOA agrees for itself, its successors and assigns, that it will be responsible for the cost of any and all repairs, replacement, maintenance or restoration of improvements or landscaping installed by the Grantor within the easement area, to wit: (See the legal description of the water Utility easement set forth on Exhibit "A" and the legal description of the sewer utility easement set forth on Exhibit "B" attached hereto and incorporated by reference herein.) TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Vanderbilt Gal~ ~"~_____,~ A. ~, Manager OR: 2552 PG: 3281 State of: FLORIDA County of.' COLLIER The foregoing document was acknowledged before me by James A. Nashman, Manager on behalf of Vanderbilt Galleria, L.C. pe_zrsonally known __ or produced identification produced: WITNESS my hand and official seal this 0-(L' day of ~(otn~ , 1999. ----~ ~(~-g NOT~:YP~C My Commissk~n-~xpires: L. azara Rober[:s Notary Printed Name Prepared by: Planning Development Incorporated 5133 Castello Drive Suite 2 Naples, Florida 34103 TCP/ks/forms/10120 2726 Swamp Cabbage Court Ft. Myers, FL 33901 (941) 274-0991 FAX: (941) 275-0992 ENGINEERS ~ SCIENTISTS, ~NC. EXHIBIT "A" UTILITY EASEMENT LYING IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA OR: 2552 PG: 3282 A UTILITY EASEMENT SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF AIRPORT PULLING ROAD (200 FOOT WIDE PUBLIC RIGHT OF WAY) AND THE NORTHERLY RIGHT OF WAY LINE OF VANDERBILT BEACH ROAD (200 FOOT WIDE PUBLIC RIGHT OF WAY), THENCE N.00°31'59"W. ALONG THE SAID WESTERLY LINE FOR 370.82 FEET TO THE POINT OF BEGINNING OF TIlE FOI,I,OWING DI;,SCRIBEI) EASI:,ME, NT., TItE, NCE S.89°28'01"W FOR 5.00 FEET; THENCE S.00°31'59"E. FOR 3.62 I"EET: TIIENCE S.89°28'01"W FOR 15.00 FEE"[': THENCE S.89°28'01"W. FOR 15.00 FEET; "['HENCE N.00°31'59"W. FOR 18.62 FEET; THENCE N.89°28'01"W. FOR 20.00 FEET TO THE WESTERI,Y LINE OF SAID AIRPORT PULLING ROAD; THENCE S.00°31'59"E. ALONG SAID WESTERLY LINE FOR 15.00 FEET TO THE POINT OF BEGINNING OF SAID EASEMENT. PARCEL IS SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS, AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE WEST RIGHT OF WAY LINE OF AIRPORT PULLING ROAD AS HAVING AN ASSUMED BEARING OF N.00°31'59"W. PREPARED BY: BC! ENGINEERS AND SCIENTISTS FLORIDA LICENSED ENTITY No. 6868 DENNIs A. MII.LER ?ROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE No. 5626 SHEET I OF 2 U:\Survey DepamncnP, ProjectsW657-Eckards Naplcs\7657sk I .doc OR: 2552 PG: 3283 o Z © ~ ~ I u~ N.OO'51'59"W. 18.62' --q O0 C~C) · ~ o 0 0 / o ~:~ ~0 o ~ I~ WESTERLY ~.O.W. L~NE ~ 570.82' ~ 15.00' N.00'31 '59"W. ~~~ Z AIRPORT PULLING ROAD (C.R. (~00' WTDE PUBLIC R.O.W.) ~ o z ~ooo ~ z o~OO ~ZZ Z~ ~OOO O~ > O~ ~Z ~Z z2 z SHEET 2 OF 2 CUEN~: ~U~ ~ ~O~ :~ [HIS tS NOT ~ DATE: 0~_24_99 DRAWN BY: JWG ENGINEER5 - .~;CfENTI57'5 5URVfiYOR5 ~ ~ SCALE: 1"~ 10' 2726 SWAMP CABBAGE COURT - FORT MYERS, FL ~901 PROJECT NO.: 98_7657 PHONE: (941) 274-O991 OR: 2552 PG: 3284 EXHIBIT "B" Description of Part of Section 35, Township 48 South, Range 25 East Collier County, Florida (20'x35' Collier County Utility Easement) All that part of Section 35, Township 48 South, Range 25 East, Collier County, Florida and being more particularly described as follows: Commencing at the southeast comer of said Section 35; thence along the south line of said Section 35, South 890-38'-54" West 100.00 feet to a point on the west right-of-way line of Airport-Pulling Road (C.R. 31); thence leaving said section line, North 00°-31'-59" West 160.00 feet north right-of-way of Vanderbilt Beach Road; thence along said right-of-way South 89°38'54" West 310.00 feet to the Point of Beginning; thence continue South 89038'54" West 20.00 feet; thence leaving said right-of-way North 00°31'59" West 35.00 feet; thence North 89°38'54" East 20.00 feet. thence South 00031'59" East 35.00 feet to the Point of Beginning; Bearings are based on the South line of said Section 35, South 89o-38'-54" West Subject to easements, restrictions and reservations of record. WILSON, MILLER, BARTON & PEEK, INC. Registered Engineers and Land Surveyors By: J0hn m. Maloney, P.S~#~ Not vai'id"hnless embossed wi th~sional's Ref. 2L-596, sheet 3 Date March 29, 1999 seal. 3/29/99-55679 Vet 01!-MSaI¢ N013(>-076-501--0 WILSON, MILLER, BARTON g55t PEEK, INC. 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 ° Ph 941-649-4040 Fx 941-643-5716 Web Site: www. wilsonmiller.com E-maih naples@wilsonmiller.com 2484477 OR: 2552 PG: 3286 RECORDED in OPHCIAL RECORDS of COLLIBR COUNTY, FL 06/01/1999 at 08:53AM DWIGHT B. BROCK, CLERK aetn: ~NGINE~RING REVIEW SHIRLEY NIX ~XT 5586 DOC-,70 2~,50 .70 UTILITY FACILITIES ~__~WARRANTY DEED THIS INDENTURE made this O dayof Vanderbilt Galleria, L.C. ,1999, between (hereinafter referred to as "Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Grantee"). WITNESSETH: That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration 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, successors and assigns forever, all water and sewer utility facilities lying within the following described lands, together with appurtenant easement rights for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida, to wit: (See the legal description of the water utility easement set forth on Exhibit "A" and the legal description of the sewer utility easement set forth on Exhibit "B" attached hereto and incorporated by reference herein.) and said Grantor does hereby fully warram the title to said utility facilities, and will defend the same against the lawful claims of all persons whomsoever. For the purposes of this conveyance, the utility facilities conveyed herein shall not be deemed to convey any of the lands described in Exhibit "A" or Exhibit "B". Grantor and Grantee are used for singular or plural, as comext requires. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. SHEET 2 OF 2 OR: 2552 PG: 3287 IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. State of: FLORIDA County of: COLLIER The foregoing document was acknowledged before me by James A. Nashman on behalf of Vanderbilt Galleria, L.C personall~:Jmmam-.~ or produced identification produced: WITNESS my hand and official seal this 5-LC~ay of ,i~/[~ FL~ , 1999. NO~C My Commission Expires: Prepared by: Planning Development Incorporated 5133 Castello Drive Suite 2 Naples, Florida 34103 Lazara Robe~ ~.:: Notary Printed Name TCP/ks/forms/10119 2726 Swamp Cabbage Court Ft. Myers, FL 33901 (941) 274-0991 FAX: (941) 275-0992 ENGINEERS-& SCIENTISTS, INC. EXHIBIT "A" UTILITY EASEMENT LYING IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA OR: 2552 PG: 3288 A UTILITY EASEMENT SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF AIRPORT PULLING ROAD (200 FOOT WIDE PUBLIC RIGHT OF WAY) AND THE NORTHERLY RIGHT OF WAY LINE OF VANDERBILT BEACH ROAD (200 FOOT WIDE PUBLIC RIGHT OF WAY), THENCE N.00°31'59"W. ALONG THE SAID WESTERLY LINE FOR 370.82 FEET TO THE POINT OF BEGINNING OF TIlE FOI,I,OWING DI{SCI~IBI{I) i:,ASEMF, NT., TIIF, NCE S.89°28'01"W FOR 5.00 FEET: THENCE S.00°31'59"E. FOR 3.62 FEET; TIIENCE S.89°28'01"W FOP, 15.00 FEET: THENCE S.89°28'01"W. FOR 15.00 FEET; THENCE N.00°31'59"W. FOR 18.62 FEET; THENCE N.89°28'01"W. FOR 20.00 FEET TO 3'HE WESTERI,Y LINE OF SAID AIRPORT PULLING ROAD; THENCE S.00°31'59"E. ALONG SAID WESTERLY LINE FOR 15.00 FEET TO TIlE POINT OF BEGINNING OF SAID EASEMENT. PARCEL IS SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS, AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE WEST RIGHT OF WAY LINE OF AIRPORT PULLING ROAD AS HAVING AN ASSUMED BEARING OF N.00°31'59"W. PR.,F, PAP~E D BY: 'Bei E~¢;i~ERS AND SCIENTISTS 'PLORI'~X LICENSED ENTITY No. 6868 DEN~iJIS A. MiI,LER PROF'ESSI~NAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE No. 5626 SHEET I OF 2 IJ:\Survcy Dcpartment\Projects\7657-Eckards Naples\7657sk I .doc OR: 2552 PG: 3289 o Z O [-x3 ~-~ T U~ N.OO'31 '59"W. 18.62' ---~ ~ ~ o ~ o 0 0 / o ~ ~ o 0 ~.00'3~ 'Sg"W. z o (200' ~IDE PUBLIC ~.0.~.) 0 z mOOD ~ z o~OO CIZZ Z~ ~000 0~ ~ O~ ~Z ~Z Z SHEET 2 OF 2 .......... ' ~ SURV~ CLIENT: PEU~ ~Y o~omm~ DATE: 03_24_99 FLORIDA LICENSED SURVEY HUSINESS SCALE: 1"= 10' 2726 SWAMP CA~AOE COU~T - FORT MYERS, F[ 33901 PROJECT NO.: 98-7657 PHONE: (941) 274-0991 z < OR: 2552 PG: 3290 EXHIBIT "B" ! ~ , -- I ~ I i : ~: ' . I i ~ : ~ ~ I~ ~ A ' l l [ I [. ~ i I l Description of Part of Section 35, Township 48 South, Range 25 East Collier County, Florida (20'x35' Collier County Utility Easement) All that part of Section 35, Township 48 South, Range 25 East, Collier County, Florida and being more particularly described as follows: Commencing at the southeast comer of said Section-35; thence along the south line of said Section 35, South 890-38'-54" West 100.00 feet to a point on the west right-of-way line of Airport-Pulling Road (C.R. 31); thence leaving said section line, North 00°-31'-59" West 160.00 feet north right-of-way of Vanderbilt Beach Road; thence along said right-of-way South 89°38'54" West 310.00 feet to the Point of Beginning; thence continue South 89°38'54" West 20.00 feet; thence leaving said right-of-way North 00°31'59" West 35.00 feet; thence North 89°38'54" East 20.00 feet. thence South 00°31 '59" East 35.00 feet to the Point of Beginning; Bearings are based on the South line of said Section 35, South 89°-38'-54" West Subject to easements, restrictions and reservations of record. WILSON, MILLER, BARTON & PEEK, INC. Registered Engineers and Land Surveyors Not val'id"hnless embossed with~sional's Ref. 2L-596, sheet 3 Date March 29, 1999 seal. M29/99-S5679 Vet Ol!-MSalc ]64)76- SO I--0 WILSON, MILLER, BARTON ~ PEEK, INC. 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 ° Ph 941-649-4040 Fx 941-643-5716 Web Site: www. wilsonmiller. com E-mail: naple$@wilsonmiller. com OWNER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared James A. Nashman, who to me is well known, and having been duly sworn and under oath, deposes and states: 1. My name is James A. Nashman, I am over the age of twenty-one (21) years, am sui juris, and have personal knowledge of the facts contained herein. 2. I am the owner of said real property located at the northwest corner of Airport Road and Vanderbilt Beach Drive, Naples, Florida and legally described on Exhibit "A" and Exhibit "B". 3. All persons, firms, and corporations, including the general contractor and all subcontractors, who have furnished services, labor or materials according to plans and specifications, or extra items, used in the construction or repair of water and sewer utility facilities on the real estate hereinafter described, have been paid in full and that such work has been fully completed and accepted by the owner. 4. No claims have been made to the Owner by, nor is any suit now pending on behalf of, any contractor, subcontractor, laborer or materialman, and further that no chattel mortgages or conditional bills of sale have been given or are now outstanding as to the subject water and sewer utility facilities placed upon or installed in the aforesaid premises. 5. The water and sewer utility facilities described herein are not included in, encumbered by, or subject to any real property mortgage, chattel mortgage, security agreement, Uniform Commercial Code financing statement, or any other encumbrance. 6. As and on behalf of the owner of the subject water and sewer utility facilities, does for valuable consideration hereby agree and guarantee, to hold the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District harmless against any lien, claim or suit by any general contractor, subcontractor, mechanic or materialman, and against chattel mortgages, security interests or repair of the subject utility facilities. Affiant is used as singular or plural, as the context requires. The water and sewer utility facilities referred to herein are located within the utility easements; the legal description of the water utility easement which is set forth in Exhibit "A" and the sewer utility easement which is set forth in Exhibit "B" attached hereto. FURTHER AFFIANT SAYETH NAUGHT. DATED this ~ day of. State of FLORIDA County of COLLIER SUBSCRIBED AND SWORN to before me this ~P~ day of ,~~.~ by James A. N~hrn~n , personally known __ OR produced identification Type of Identification Produced Nota~y-P-ul~ '~ My Commission Expires: Lazara Roberts Notary Printed Name Prepared by: Planning Development Incorporated 5133 Castello Drive Suite 2 Naples, Florida 34103 TCP/ks/forms/10121 2726 Swamp Cabbage Court Ft. Myers, FL 33901 (941) 274-0991 FAX: (941) 275-0992 ENGINEERS & SCIENTISTS, [NC. EXHIBIT "A" UTILITY EASEMENT LYING IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA A UTILITY EASEMENT SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF AIRPORT PULLING ROAD (200 FOOT WIDE PUBLIC RIGHT OF WAY) AND THE NORTHERLY RIGHT OF WAY LINE OF VANDERBILT BEACH ROAD (200 FOOT WIDE PUBLIC RIGHT OF WAY), THENCE N.00°31'59"W. ALONG THE SAID WESTERLY LINE FOR 370.82 FEET TO THE POINT OF BEGINNING OF TIlE FOI,LOWING DF, SCRIBI'~I) EASI.;MI';NT., 'I'11ENCI~ S.89°28'01"W FOR 5.00 FEET; ~FIIENCE S.00°31'59"E. FOR 3.62 FEET: TItENCE S.89°28'01"W FOR 15.00 FEET; THENCE S.89°28'01"W. FOR 15.00 FEET; THENCEN.OO°31'59"W. FOR 18.62 FEET; THENCE N.89°28'01"W. FOR 20.00 FEET TO THE WESTERLY LINE OF SAID AIRPORT PULLING ROAD; THENCE S.00°31'59"E. ALONG SAID WESTERLY LINE FOR 15.00 FEET TO THE POINT OF BEGINNING OF SAID EASEMENT. PARCEL IS SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS, AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE WEST RIGHT OF WAY lANE OF AIRPORT PULLING ROAD AS HAVING AN ASSUMED BEARING OF N.00°31'59"W. PREPARED BY: BCI ENGINEERS AND SCIENTISTS FLORIDA LICENSED ENTITY No. 6868 DFfNNtS A. MILLER PROFESSiONAl., SURVEYOR AND MAPPER FLORIDA CLRTIFICATE No. 5626 SHEET I OF 2 U:\Survey Department\Projects\7657-Eckards Naplcs\7657sk I .doc V N,00'51 '59"W. AIRPORT PULLING ROAD(C.R. 31) (200' WIDE PUBLICR.O.W.) z o o o o CJZ Z--~ O CLIENT: DATE: DRAWN BY: SCALE: PROJECT NO.: F~:'LICAN BAY DEVE:LOPMEN] 03-24-99 IWG 1"= 10' 98~ 7657 SHEET 2 OF 2 ENCINEEN.°~ - SCI~NTtSfS - SURVEYORS FLORIDA LICENSED SURVEY FJU!51NLSS #6868 2726 SWAMP CABBAGE COUR[ FOR~ MYERS, F[ 33901 PHONE: ('941) 274-0991 EXHIBIT "B" ..litE! !lJfflh '~'O) AVM ~0 iHOI~ (]¥0~ ONI'lqnd ,00g Description of Part of Section 35, Township 48 South, Range 25 East Collier County, Florida (20'x35' Collier County Utility Easement) All that part of Section 35, Township 48 South, Range 25 East, Collier County, Florida and being more particularly described as follows: Commencing at the southeast comer of said Section 35; thence along the south line of said Section 35, South 89°-38'-54" West 100.00 feet to a point on the west right-of-way line of Airport-Pulling Road (C.R. 31); thence leaving said section line, North 00°-31'-59" West 160.00 feet north right-of-way of Vanderbilt Beach Road; thence along said right-of-way South 89 °38'54" West 3 I0.00 feet to the Point of Beginning; thence continue South 89038'54" West 20.00 feet; thence leaving said right-of-way North 00°31'59" West 35.00 feet; thence North 89°38'54" East 20.00 feet. thence South 00°31'59" East 35.00 feet to the Point of Beginning; Bearings are based on the South line of said Section 35, South 89°-38'-54" West Subject to easements, restrictions and reservations of record. WILSON, MILLER, BARTON & PEEK, INC. Registered Engineers and Land Surveyors Not val'id"Unless embossed wi th~sional's Ref. 2L-596, sheet 3 Date March 29, 1999 seal. 3/29/99-55679 Vet: 01 !-MSale N013&-076-501--O WILSON, MlkLER, BARTON & PEEK, INC. 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 ° Ph 941-649-4040 Fx 941-643-5716 Web Site: www. wilsonmiller. com E-mail: naples@wilsonmiller.com This Instrument Prepared by: J. Thomas Conroy, III Morrison & Conroy, P.A. 3838 Tamiami Trail North, Suite 402 Naples, Florida 34103 UTILITIES FACILITIES ATTORNEY'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER ON THIS ! _~4'~day of March, 1999, before me personally appeared J. Thomas Conroy, III, a licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number is: 3838 North Tamiami Trail, Suite 402, Naples, Florida 34103 (941) 649-5200) (hereinafter "Affiant"), who, being duly sworn on his oath, does say: 1. This affidavit is given as an inducement to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, to accept the dedication or conveyance of water and sewer utility facilities, including potable and fire protection, located within or upon the real property described in the attached Exhibit "A", which is incorporated herein by reference, said land being located in Collier County, Florida. 2. The Affiant has examined record title information provided by Old Republic National Title Insurance Company, reference number 99022976 and certified to March 4, 1999 for the real property referenced in this affidavit, including but not limited to, information requested from the Florida Secretary of State relative to any Uniform Commercial Code financing statements. 3. The record owner of the real and personal property described herein is Vanderbilt Galleria, L.C., a Florida limited parmership (hereinafter "Owner"). The Owner acquired record title to the subject real property by instrument dated August 14, 1998, recorded in Official Records Book 2452, Page 0154, Public Records of Collier County, Florida (copy attached). 4. The Affiant has examined corporate information obtained from the State of Florida and Vanderbilt Galleria, L.C., a Florida limited liability company (hereinafter "Vanderbilt") and has determined that Vanderbilt is a current and active limited liability company in the State of Florida and that James A. Nashman, Managing Member of Vanderbilt, a Florida limited liability company is authorized to execute on behalf of Vanderbilt in conjunction with the conveyance of the subject water and sewer utility facilities, including potable and fire protection. 5. Affiant states that the following documents have the effect of creating a lien or encumbrance upon all of the real and personal property herein: (i) General or special taxes and assessments required to be paid in the year 1998 and subsequent years, which have not been paid on Parcels I and III. (ii) Mortgage in favor of WCI Communities Limited Partnership given by Vanderbilt Galleria, L.C. dated August 17, 1998 and recorded August 17, 1998 in Official Records Book 2452, page 162 securing a principal indebtedness of $1,346,062.50 as recorded in the Public Records of Collier County, Florida. (As to Parcel I) (iii) Mortgage in favor of AmSouth Bank given by Pelican Bay Developments III, L.C. dated August 14, 1998 and recorded August 17, 1998 in Official Records Book 2452, Utilities Facilities Attorney's Affidavit Vanderbilt Galleria, L.L.c. Page I of 3 page 373 securing a principal indebtedness of $2,040,000.00; Assignment of Leases recorded in Official Records Book 2452, page 386 and UCC-1 Financing Statement recorded in Official Records Book 2452, page 391, all of the aforesaid instruments being recorded in the Public Records of Collier County, Florida. (As to Parcel II) (iv) Notice of Commencement recorded September 22, 1998 in Official Records Book 2463, page 2041, Public Records of Collier County, Florida. (As to Parcel II) (v) Notice of Commencement recorded December 15, 1998 in Official Records Book 2491, page 2092, Public Records of Collier County, Florida. (As to Parcel III) (vi) Notice of Commencement recorded January 29, 1999 in Official Records Book 2507, page 1893, Public Records of Collier County, Florida. (As to Parcel III) (vii) Declaration of Restrictive Covenants for a portion of Pelican Marsh, Section 35, Township 48 South, Range 25 East, Collier County, Florida as recorded in Official Records Book 2452, page 343 as amended in Official Records Book 2500, page 453, all of the Public Records of Collier County, Florida. (viii) Declaration of General Covenants and Restrictions for Pelican Marsh, recorded in Official Records Book 1891, page 1814, as amended in Official Records Book 1959, page 567, Official Records Book 1988, page 2019, Official Records Book 1998, page 210, Official Records Book 2010, page 1385, Official Records Book 2010, page 1859, Official Records 2015, page 1586, Official Records Book 2016, page 1019, Official Records Book 2035, page 245, Official Records Book 2074, page 1841, Official Records Book 2153, page 2274, Official Records Book 2173, page 1085, Records Book 2205, page 2068, Official Records Book 2228, page 760, Records Book 2228, page 771, Official Records Book 2240, page 573; Records Book 2268, page 1274, Official Records Book 2332, page 3050 and Records Book 2355, page 910, Official Records Book 2377, page 2613; Records Book 2377, Records Book 2377, Records Book 2379, Official Official Official Official Official Official Official Official Official Official page 2616, Official Records Book 2377, page 2657, page 2663, Official Records Book 2379, page 1173, page 1179, Official Records Book 2379, page 1206, Records Book 2385, page 444, Official Records Book 2448, page 2949, Records Book 2452, page 138, Official Records Book 2452, page 143 and Records Book 2463, page 3067, Official Records Book 2468, page 310; Official Records Book 2468, page 313, Official Records Book 2468, page 3209, Official Records Book 2468, page 3212, Official Records Book 2475, page 1610, Official Records Book 2500, page 363, Official Records Book 2500, page 370, Official Records Book 2500, page 435, Official Records Book 2500, page 441 and Official Records Book 2500, page 453 and Official Records Book 2500, page 555, all of the Public Records of Collier County, Florida. (ix) Easement granted to Florida Power and Light Company by instnunent recorded in Official Records Book 625, page 833, of the Public Records of Collier County, Florida. (x) Easement granted to Florida Power and Light company by instrument recorded in Official Records Book 914, page 706 and Official Records Book 1285, page 1917, of the Public Records of Collier County, Florida. (xi) The property is located within the bounds of Coastal Area Planning District as created by the Board of County Commissioners of Collier County, Florida, by Resolution dated August 13, 1986 and reaffirmed by Resolution dated May 4, 1976 and recorded in Official Records Book 649, page 1239, Public Records of Collier County, Florida. (xii)Subject to the provisions of a Preliminary Development Agreement entered into between Westinghouse Communities of Naples, Inc., as developer of a proposed Utilities Facilities Attorney's Affidavit Vanderbilt Galleria, L.L.c. Page 2 of 3 project known as Pelican Marsh, and the State of Florida Department of Community Affairs recorded June 11, 1993, as recorded in Official Records Book 1835, page 375, of the Public Records of Collier County, Florida. (xiii) Subject to the provisions of that certain Interlocal Agreement entered into on May 4, 1993, between the Board of County Commissioner of Collier County, Florida, as governing body, and Board of Supervisors of the Pelican Marsh Community Development District which appears of record in Official Records Book 1921, pages 1941 through 1970, inclusive, of the Public Records of Collier County, Florida. (xiv) Declaration of Easements, Covenants and Restrictions by Vanderbilt Galleria, L.C., as recorded in Official Records Book 2452, page 343, of the Public Records of Collier County, Florida. (As to Parcel I) (xv) Permanent Non-exclusive Sewer Easement recorded in Official Records Book 2452, page 398, of the Public Records of Collier County, Florida. (As to Parcel I) (xvi)Permanent Non-exclusive Water Easement recorded in Official Records Book 2452, page 403, of the Public Records of Collier County, Florida. (As to Parcel I) (xvii) Temporary Non-exclusive Ingress, Egress and Utility Easement recorded in Official Records Book 2452, page 408, of the Public Records of Collier County, Florida. (As to Parcel I) ~ 6. Affiant further states that the information contained in this Affi/da53it is J~fie, correct and current as of the date this Affidavit is given./~ J. THOMAS CONROY, III -~ STATE OF FLORIDA ,/ COUNTY OF COLLIER / ~,~ The foregoing Attorney's Affidavit was sworn and subscribed to (or affmned) 16efore me this ,/d~'- day of March, 1999 by J. Thomas Conroy, III. He is personally known to me. My Co~ission Expires: Notary Public, State of Florida Diane Whiracre Printed Name of Notary Public Docs\Vanderbilt. UtilitiesAttomeysAffidavit Utilities Facilities Attorney's Affidavit Vanderbilt Galleria, L.L.c. Page 3 of 3 Real Property Description Pelican Marsh - II Acre Commercial Site Section 3.5, T. ¢,3 S., R. 25 E. Collier. County, Florida A tract or parcel of land lying within Section 35. Township ¢<3. South, Range 25 East. Collier County, Florida and being more particularly described as follows: Commence at the southeast corner of said Section 3.5, thence run S 89'38'54." W, along the south line of said Section 5,5, for 100.00 feet to a point an the west right-of-way line (100 feet from the centerline) of Airport-Pulling Road (CR 51); thence continue S 8g'$8'§4" W. along the south line of said Section 3.5. for 771.70 feet to a point: thence run N 00'21'06" W 150.00 feet to the north right-of-way line of Vanderbilt Beach Road and the POINT OF BEGINNING. From said POINT OF BEGINNING run N 00'20'55" W for 620.84 feet; thence run N 89'28'01" E for 769.12 feet to a point on said west right-of-way llne of said Airport-Pulling Road (CR 51); thence run S 00'51'59" E. along said west. line. for 625.28 feet to said north right-of-way line o[' Vanderbilt Beach Road; thence run along said right-of-way line. S 89'38'54" W for 771.19 feet to the POINT OF BEGINNING. Containing I1.00 ocres of land. more or less. Bearings are derived from a bearing of N 00'51'5g" W along said centerline of Airport-Pulling Rood. LESS AND EXCEPT EX~.IBITS-"B" and "C~' attached' EXHiBiT "A" Page t of 3 OR: 2 52 PG: 0372 ' Description of Part of Section 35 Township 48 South, Range 25 East Collier County, Florida (Pelican Marsh Commercial Out Parcel ttl) All that part of Section 35, TDwnship 48 South, R~nge 25 East, Collier County, Florida and being more particularly described as follows: Commencing at the southeast corner of said Section 35; thence along the south line of said Section 35, South 89°38'-54" West I00.00 feet to a point on the west right-of-way line of Airport-Pulling Road (C.R. 31); thence continuing along said section line, South 89°-38'-54" West 771.70 feet; thence leaving said section line, North 00%21'-06" West 160.00 feet to the north right-of-way of Vanderbilt Beach Road; thence along said right of way North 89%38'-54" East 461.19 feet to the Point of Beginning: thence leaving said right of way North 00%31'-59" West 210.00 feet: thence North 89o-38'-54" East 3 I0.00 feet to the west right of way of Airport Pulling Road (C.R. 31); thence along said right-of-way South 00°-3 I'-59" East 210.00 feet to the North right-of-way of said Vanderbilt Beach Road; thence along said north right of way South 89%38'-54" West 310.00 feet to the Point of Beginning; Containing 1.49 acres more or less. Bearings are based on the South line of said Section 35, South 89"-38'-54" West Subject to easements, restrictions and reservations of record. Exhibit "B" Page 2 of 3 OR: 2452 PG: 0397 Description ~fPart of.~cction 35, Township CS Sou~h, Rzn~: 25 ~ Collic't County, }qod~ (l~JiC."rn l~m"~ Corninertial Ou~-parccl ~2) All ~ lmrt of Sc0tion 35, Town.~p m~ ~y ~ ~ fo~s: ~m~g ~ ~c ~~ ~ of ~d ~n 35; wm ~t~f-~y ~e of ~~mn: ~ (C.a. 31); wMch ~ No~ ~'3~'i [" ~t 56,56 f~t; ~n~g 1.26 ~ m~c ~gs ~c ~ EXItlBIT "C" Page 3 of 3 This Instrument Prepared By: Stephen C. Pierce, Esq. WCI Communities Limited Partnership 24301 Walden Center Drive Bonita Springs, FL 34134 Parcel ID #: 00177120004 2359780 OR: 2452 PG: 0154 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, PL 08/17/98 at 01:53PM DWIGHT E. BROCK, CLERK CONS 2994750.0 REC FEE19.5 DOC-.?020963.6 Retn: WCI COMMUNITIH 2%301 WALDEN CENTER DR ~300 BONITA SPRINGS PL 3%134 COMMUNITIES LIMITED PARTNERSHIP, a Delaware limited partnership, having its principal place of business at 24301 Walden Center D~rive, Bonita Springs, Florida 34134 ("Grantor") to Vanderbilt Galleria, L.C., a Florida limited liability company, having its principal place of business at: The Shoppes at Pelican Landing, 24840 Burnt Pine Drive, Suite 2, Bonita Springs, Florida 34134 ("Grantee"). (whichever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns, assigns of individuals, and the successors and assigns of corporations). WITNESSETH: That Grantor, for and in consideration of the sum of $10.00 and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto Grantee, all that certain land situate in Collier County, Florida, viz: A Tract or parcel of land lying within Section 35, Township 48 South, Range 25 East, Collier County, Florida, and being more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property"). Subject to: A. Taxes and assessments for 1998 and subsequent years; B. That certain DECLARATION OF GENERAL COVENANTS, CONDITIONS AND RESTRICTIONS FOR PELICAN MARSH recorded in Official Records Book 1891, Pages 1814 through 1865, inclusive, of the Public Records of Collier County, Florida, as amended or supplemented; C. That certain DECLARATION OF RESTRICTIVE COVENANTS FOR A PORTION OFELICAN MARSH, SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, to be recorded simultaneously herewith; D. Applicable comprehensive plans, or elements or portions hereof, land development regulations including zoning and subdivision ordinances, development orders, Pelican Marsh DRI Development Order 95-1 adopted by the Board of County Commissioners of Collier County, Florida pursuant to Resolution No. 95-71 dated January 24, 1995, development permits and other regulations and conditions of all governmental agencies concerning the Property; E. The Pelican Marsh Planned Unit Development assigned ordinance number 95-4, as amended on December 9, 1997; F. The Property is within the Pelican Marsh Community Development District ("District") and Grantee shall be subject to District assessments as the same my exist from time to time. GRANTEE IS REQUIRED TO INCLUDE THIS DISCLOSURE IN ANY SUBSEQUENT DEEDS CONVEYING A PORTION OR ALL OF THE PROPERTY. G. Grantee shall commence construction on the Property in accordance with the Construction Plans and Specifications [as defined in the Deposit Receipt and Sales Agreement between Grantee and Grantor dated January 9, 1998, as amended (the "Sales Agreement")] for the portion of the Property referred to as the Eckerd's Parcel in the Sales Agreement on or before one (1) year from the date of this Deed. Grantee shall commence construction on the balance of the Property in accordance with Construction Plans and Specifications on or before two (2) years from the date of this Deed. Once Commencement of Construction has occurred on each of the two (2) parcels, construction shall continue without interruption and Grantee shall "diligently continue construction" as defined in the Sales Agreement. In the event Grantee fails to commence construction or to diligently continue construction as OR: 2452 PG: 0155 required by the Agreement, after a period of ninety (90) days (which period shall commence on the day Grantor gives Grantee written notice of its intention to exercise its right to repurchase the Property in accordance with the terms hereof), unless Grantee, during such ninety (90) day period, commences construction or re-commences construction and thereafter diligently continues construction on the Property, provided, however, Grantor be obligated to provide such notice only one time, thereafter, Grantee shall have no rights to any such notices or any additional cure periods, Grantor shall have the right, but not the obligation, after the expiration of such ninety (90) day period, to repurchase the Property at ninety percent (90%) of the prorata Purchase Price paid by Grantee for the Property, less any attorney's fees, transfer fees, recording charges or other charges incurred by Grantor in connection with such repurchase (herein called "Repurchase Price"). Prorations, if any, shall be made as of the date of the repurchase closing. If Grantor shall elect to exercise such option to repurchase the Property, the option shall be exercised by Grantor within ninety (90) days of the date that Grantee shall have failed to commence or continue construction as aforesaid. If the option is exercised, Grantor shall pay the Repurchase Price in cash and Grantee shall deliver to Grantor a special warranty~ deed to the Property on portions thereof being repurchased; and at or in connection with such repurchase closing, Grantee shall pay and satisfy all liens and mortgages encumbering the Property being repurchased which were imposed on the Property during the period of time Grantee owned the Property. H. Easement granted to Florida Power & Light Company by instrument recorded in O.R. Book 625, Page 833, Public Records of Collier County, Florida. I. Easement granted to Florida Power & Light Company by instrument recorded in O.R. Book 914, Page 706, and O.R. Book 1285, Page 1917, Public Records of Collier County, Florida. J. The property is located within the bounds of Coastal Area Planning District as created by the Board of County Commissioners of Collier County, Florida, by Resolution dated August 13, 1968 and reaffirmed by Resolution dated May 4, 1976, and recorded in O.R. Book 649, Page 1239, Public Records of Collier County, Florida. K. Preliminary Development Agreement entered into between Westinghouse Communities of Naples, Inc., as developer of a proposed project known as Pelican Marsh, and the State of Florida Department of Community Affairs recorded June 11, 1993, in O.R. Book 1835, Page 375, Public Records of Collier County, Florida. L. Interlocal Agreement entered into on May 4, 1993, between the Board of County Commissioners of Collier County, Florida, as governing body, and Board of Supervisors of Pelican Marsh Community Development District which appears of record in O.R. Book 1921, Pages 1941 through 1970, inclusive, of the Public Records of Collier County, Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anyway appertaini.ng. TO HAVE AND TO HOLD, the Property in fee simple forever. Grantee is hereby notified that (1) the Property Grantee is purchasing is located within a hurricane vulnerability zone; (2) the hurricane evacuation time for the Southwest Florida Region is high; and (3) hurricane shelter space is limited. GRANTEE IS REQUIRED TO INCLUDE THIS NOTIFICATION IN ANY SUBSEQUENT DEEDS CONVEYING A PORTION OR ALL OF THE PROPERTY. Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; that Grantor hereby fully warrants title to the Property and will defend same against the lawful claims of all persons whomsoever; and that the Property is free from all encumbrances, except as otherwise noted above. legal\pelmarsh\lndevelop\deed OR: 2452 PG: 0156 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name and its corporate seal to be hereunto affixed, by its proper officer thereunto duly authorized, the day and year first above written. Signed, sealed and delivered in the presence of: P r i~~n ~o_f '~ Witness #2 ~ ~) Printed Name of Witness ~2 WCI COMMUNITIES LIMITED PARTNERSHIP, a D~[~~ted Partnership /Albert F. 1Q~scat~, J/~/ ' ,~14~: Vice President * Executed pursuant to authority granted in that certain Certificate/Power of Attorney recorded in O.R. Book 2436, Page 1550, of the Public Records of Collier County, Florida. STATE OF FLORIDA COUNTY OF LEE The foregoing Warranty Deed was acknowledged before me by Albert F. Moscato, Jr. as Vice President of WCI Communities Limited Partnership, a Delaware limited partnership, on behalf of the partnership. He is personally known to me. WITNESS my hand and official seal this My Commission Expires: day of August, 1998. Notary Public, State of Florida Printed Name of Notary Public legal\pelmarsh\lndevelop\deed *** OR: 2452 PG: 0157 Real Property Description Pelican Marsh - 11 Acre Commercial Site Section 35. T. ¢8 S., R. 25 E. Collier, County, Florida A tract or porcet of land lying within Section 35, Township 48. South. Ronge 25 East. Collier County, Florida and being more particularly described as follows: '" Commence at the southeast corner of said Section $5. thence run S 89'38'54" W. along the south line of said Section 35, for I00.00 feet to o point on the west right-of-way line (100 feet from the centerline) of Airport-Pulling Rood (CR 31); thence continue S 8g'38'54" W, along the south line of said Section 35. for 771.70 feet to o point; thence run N 00'21'06" W for 160.00 feet. to the north right-of-way line of Vanderbilt Beach Rood and the POINT OF BEGINNING. From said POINT OF BEGINNING run N 00'20'33" W for 620.84 feet; thence run N 89'28'01" E for 769.12 feet to o point on said west right-of-way line of said Airport-Pulling Road (CR 31); thence run S 00'31'59" E. along said west. line. for 623.28 feet to said north right-of-way line of Vanderbilt Beach Rood; thence run along said right-of-way line. S 89'38'5¢' 9/ for 771.1g feet to the POINT OF BEGINNING. Containing I1.00 ocres of land. more or less. Bearings are derived from o bearing of N 00'31'59" W along said centerline of Airport.-Pulling Rood. EXHIBIT COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION May 19, 1999 Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Mike Fernandez Planning Development. Inc. 5133 Castello Dr. Suite 2 Naples, FL 34103 Re: Eckerd ~ Vanderbilt Galleria Dear Mr. Fernandez: This is to inform you that the above referenced project has been granted preliminary approval by Engineering Review in compliance with Collier County Land Development Code, Section 3. All water and/or sewer facilities approved, accepted and required to be maintained by Collier County shall be conveyed to the County pursuant to the provisions set forth in Collier County Ordinance No. 97-17, as amended. You are reminded that it is your responsibility to petition the Development Services Director for final approval of the improvements upon the expiration of the minimum one (1) year maintenance period. After satisfactory completion of all final inspections., the Board of County Commissioners shall grant final approval of the required improvements establishing County responsibility for maintenance of the required improvements if it is the Board' s desire to accept and maintain the facilities. If you should have any questions or if we may be of assistance, please advise. Very truly yours, Shirley Nix~-'/ Engineering Technician II cc: Ed Finn, Interim Wastewater Director Paul Mattausch, Water Director Cindy Erb, Public Works Phone (941) 403-2400 Fax (941) 643-6968 www. co. collier. fl.us 7~ 7.' : .~:~EB~ SSTABLISH O~ I~R~VOCABLE STODGY L~TT~R .OF ~T ~l~ ~01645 -D~~K~L 115 ~999 IN ~UR FAVOR AT ':THO-~Si'~ SIX HU~RE'D 'EJ~Y SIX 80/100).AVAILABLE BY YOUR :B~FICI~Y'S SIGNED STA~ENT PURPORTEDLY SIGNED ~Y-~E "*: .... COUNTY ~NAGER STATING: - "WE CERTIFY THAT PELICAN BAY DEVELOPMENTS, III, LC HAS FAILED TO CONSTRUCT AND/OR MAINTAIN WATER AND SEWER FACILITIES IMPROVEMENTS AS SHOWN ON THE PLANS FOR VANDERBILT ECKERD, :OR-A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY, PURSUANT ~)' COLLIER COUNTY ORDINANCE NO. 97-17, AS AMENDED, HAS NOT BEEN 'PERFORMED PRIOR TO THE DATE OF EXPIRY, AND SATISFACTORY ALTERNATIVE PERFORMANCE.SECURITY HAS NOT BEEN PROVIDED TO AND!FORMALLY ACCEPTED BY THE BENEFICIARY." --:_PARTIAL DRAWINGS ARE PERMITTED. · :DR~FT(:$) :DRAWN HEREUNDER MUST BE MARKED "DRAWN UNDER:AM~UTH BANK, TAMPA, FLORIDA STANDBY LETTER OF CREDIT NUMBER B50t645 DATED APRIL 15, 1999." ANY DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE PRESENTED TO:: AMSOUTH BANK, 1900 FIFTH AVENUE NORTH, BIRMINGHAM, AL 35203 ATTN: INTERNATIONAL SERVICES ON OR BEFORE APRIL 15, 2000. THIS'LETTER OF CREDIT IS IRREVOCABLE FOR ONE YEAR FROM DATE OF ISSUE, HOWEVER, IT WILL BE AUTOMATICALLY RENEWED WITHOUT AMENDMENT FOR SUCCESSIVE PERIODS OF ONE (1) YEAR EACH, UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ~HE INITIAL EXPIRATION DATE OR ANY SUCCESSIVE EXPIRATION DATE THE ISSUING BANK GIVES THE ***CONTINUED ON NEXT PAGE*** T NO. B501645 TH:AT:7~sSUING BANK ELECTS RSNE~, FOR SUCH ADDZTZONAL ON~ YEAR PSRZOD. S~H'~HSEMENT HAS BEEN ~DE. ~IS CREDIT MUST BE ATTA~ TO ANY D~FT ~ICH IS PRESENTED DIRECT TO US. ALL BANK CHARGES OTHER THAN THOSE OF THE ISSUING BANK ARE FOR ACCOUNT OF THE BENEFICIARY. THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER!S UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODX~ED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUCT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE ~DEEM=~Tp ~ZNCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, _"I.STR~jJ~lJ~I..~? OR AGREEMENT. ' * ~-:: ; WE .RE~J~/~_B~Y:ENGAGE WITH DRAWERS, ENDORSERS AND BO~AFIDE HOLDERS THAT'._DI~FAN~S DRAWN STRICTLY IN COMPLIANCE WITH THE TERMSOF THIS CREDI ' T AMENDMENTS SHALL MEET WITH DUE HONOR UPON PRESENTATION. THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS & PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCESPUBLICATION NO. 500. PLANNING DEVELOPMENT INCORPORATED March 15, 1999 Development Consultants, Planners and Designers Collier County Board of County Commissioners c/o Collier County Development Services 2800 N. Horseshoe Drive Naples, Florida 34104 Attn: Shirley Nix Re: Eckerd ~ Vanderbilt Galleria - Utility Facilities Turnover Engineer's Final Payment Confirmation PDI PN: 98.01027 Dear Ms. Nix: Please allow this correspondence to confirm that Planning Development Incorporated and Swanson & Associates Consulting Engineers, Inc. - A Ioint Venture has been paid in full to date for services rendered for the above-referenced project. Thank you for your attention to this matter. Should you have any questions or require additional information, please do not hesitate to call our office at 941 / 263-6934. Sincerely, PLANNING DEVELOPMENT INCORPORATED ~lichael R. Fernandez, AICP President PLANNING DEVELOPMENT INCORPORATED Development Consultants Planners' and Designers 5133Castello Drive, Suite 2, Naples, Florida34103 Office: 941 / 263-6934 Fax: 941 / 263-6981 PRESSUR~ TEST REPORT PROJECT Eckerd at the Vanderbilt Galleria DATE 3/24/99 WITNESSED BY Laurie A. Swanson TYPE OF LINE: FORCEMAIN POTABLE X IRRIGATION FIRE DIAMETER 8 INCHES, D LENGTH FEET, S TEST PRESSURE 150 PSI TEST: START STOP 162 PSI ~ 9:00 a.m. 162 PSI ~ 11:00 a.m. AMOUNT USED 0 GAL AVERAGE PSI 150 ALLOWABLE LEAKAGE: L = SD>P/133,200 GAL/HR = GAL/HR X 2 = GAL/2 HR PASSED Yes PRESSURE TEST REPORT PROJECT Eckerd at the Vanderbilt Galleria DATE 3/24/99 WITNESSED BY Laurie A. Swanson TYPE OF LINE: FORCEMAIN POTABLE IRRIGATION FIRE X DIAMETER 8 INCHES, D LENGTH 745 FEET, S TEST PRESSURE 200 PSI TEST: START 204 PSI ~ 9:00 a.m. STOP 201 PSI ~ 11:00 p.m. AMOUNT USED 0.25 GAL AVERAGE PSI 200 ALLOWABLE LEAKAGE: L = SD>P/133~200 GAL/HR = 0.64GAL/HR X 2 = 1.27GAL/2 HR PASSED Yes PRESSURE TEST REPORT PROJECT Eckerd at the Vanderbilt Galleria DATE 3/24/99 WITNESSED BY Laurie A. Swanson ~YPE OF LINE: FORCEMAIN X POTABLE IRRIGATION FIRE DIAMETER 6 & 4 INCHES, D LENGTH FEET, S TEST PRESSURE 100 PSI TEST: START 108 PSI ~ 9:00 a.m. STOP 108 PSI~ 11:00a.m. AMOUNT USED 0 GAL AVERAGE PSI 100 ALLOWABLE LEAKAGE: L = SD>P/133~200 GAL/HR = GAL/HR X 2 = GAL/2 HR PASSED Yes Department of Environmental Protection Lawton Chiles Governor May 4, 1999 Virginia B. Wetherell Secretary Michael R. Fernandez, Representative Planning Development, Inc. 5133 Castello Drive, Suite 2 Naples, Florida 34103 RE: Collier County - PW Eckerd at the Vanderbilt Galleria (Collier County Regional WTP) 149721-001-DSGP Dear Mr. Fernandez: This acknowledges receipt of certification that the subject water distribution system extension has been completed in accordance with the plans and related materials permitted by this agency under Permit Number 149721-001-DSGP dated January 12, 1999. Based on this certification and satisfactory bacteriological results, we are approving these facilities for service under the following conditions: If the bacteriological samples collected prior to replacement of the temporary backflow preventer or temporary construction meter with a final connection, then additional bacteriological sampling is required. Upon completion of the final connection, collect a bacteriological sample immediately downstream of the connection and submit the bacteriological results to the Department. Immediate service can be provided if a precautionary boil water notice is issued for areas down stream of the connection, until one day of satisfactory bacteriological results have been obtained (Two consecutive days of satisfactory bacteriological results are required following any unsatisfactory result). Your continued cooperation in our water supply program is appreciated. CRD/LPL/skw ~nce~ely, C]~arl~s Davault ~ Professional Engineer Water Facilities cc: Laurie A. Swanson, P.E. Thomas E. Kuck, P.E.~/ "Protee:, Conserve ~nd /vlana,? F,iorida's En,,',,rof~ment and [q~tt;rd HAY U 5 1 t99 Printed on recycled paper, Florida Department of Environmental Protection Twin Towers Office Bldg., 2600 Blair Stone Road, Tallahassee. Florida 32399-2400 DOh/ZF_,STIC WASTEWATER COLLECTION/TRA.NSMISSION SYSTEMS CERTIFICATION OF COMPLETION OF CONSTRUCTION 'INSTRUCTIONS: collection/transmission system should not be placed into operation without prior Department approval. typed or printed in ink and all blanks must be filled. Construction Pertnit No.: ~ 5 0 5 R 1 - 0 q R - r~wc, Name of Prqject: Eckerd at the Vanderbilt Call,~rqn Name of Owner: ?~l -i Can Bay Devel_opment$. I. II, LC Name of desi~mn engineer and Florida registration number (if different from engineer signing certification): This form is to be completed and submitted to the Department, prior to placing the system into operation. A All information is to be Dated: .12/30/98 Date(s) cormec~riOn to e..y~isting system or treatment plant:3 / 1 8 / g 9 Treatment plant serving prqject County: ~o { 1 t,~:~r~ City: DEP Identification Number (also known as WAFR or GM$ Identification Number): Substantial deviations from' the approved plans and specifications (attach additional' sheets if' required): See attached Record Drawings for m'iner ~_eviation~ Department of Environmental Pr,,otection C_~!..!f.,c~ of Cxm~la. ~n Page 1 of 3 Sent by: PlanningDevelopment ~4~12636981 05/14/99 3:~5PM Job 669 Page 2/; ) S$: COUNTY OF CO~-!._~_.~L ) imy Brenda K Ivimm:hm~ who is pz~omdly ~ ~o nm~ and who d~d not ~ ~ oath. Ela V'r~onetto CC 822751 ( NoU~ S~! > 7111'~ 11-3 811:::'6 86c--.J I~6;XU-t U9U>fd99UH:Q! ~O:GI 66, ~L"$O S/,O'ON 39{~ Sent by: PlanningDevelopment 9412636981 05/17/99 11:59AM Job 683 Page 5/ ua/.t¢/U~ O~;:to I'AA PELICAN tANflING L~]00~ KNOW ALL MEN BY THESE PRESENTS, titat Brenda K Mercl~nt., as o~ce manager, of I !aleakala Construction. Inc. fo~ and in consicle[ation of ONE HLfNDRED TWENTYSIX THOUSAND Ei(31rt' HUNDRED SIXTYEIGHT DOLLARS and NO CENTS ($126,865.t~) ) and olhcr good and valuable consideratiOllS, lawful money of the United States of America, Io me in hand paid. the rc~cicpt whereof is hereby acknowledged, does hetd:~y waive, telease, remiss, and relinquish an)' and all rigill Io claim any !Jen or lien.~ fro' wolrk peelermeal or nmlerial furnished, or any kind or etass of lein whatsoe,~z:r on the following d~cribed propert)': (plcase proV'k~ fi~11 name and Iocatie~ ordevdq, mem md* &-~iptie~ el'~ utility .aystem c~mu~cd ) All the Potable Walcr Main and Sanilary Sewer Syslcnxs for Eckard$ $1orc No, 3623 / ¥anderbiil Galleria as depic-t¢cd on Ih¢ constmclion drawings prepared by Pla!mi.g Dovelo!~llent Incoq~raK'd By: Ilaleakala Consamcttoa, inc, 5758 Taylor Road Naples. Florida 34109-1856., E!~da ~ Me~hant.~l~ tunaget STATE OF FLORIDA ) ) COUNTY OF COLLIER ) Tim foregoing instrumen! was signed and acknowledged bcforc me this ist day of April, 1999 by Brenda K IVJerChalll. who is personally known to n~e and xm4ao did not lake an {mill. Ela VivenerVe CC 822751 ( Nolary real ) 711196 11:.'t Sent by; Plann±ngDevelopment 9412636981 05/17/99 12:00P~1 Job 683 Page 6/ oa.,z~ o:~: '~ l'a,'~ lq';L l CAN LANDING ~005 WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the sum of: $25,.110.85 hereby waives and releases its lien and right to claim a lien for labor, services, or material~ furnished to: on ~he job of: DAVID BARRON LAND DEVELOPMENT, INC. ECKERDS DRUG the following property: SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA Dated on May 13, 1999 Lienor: HALEAKALA ~~, INC. By: ,. -- _~ Print: Brenda K. Merchant Title: Office Manager STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument wa~ acknowledged before me this 13th day of May, 1999 by Brenda K. Merchant as Office Manager of Haleakala Construction, Inc., a Florida corporation, on behalf of the corporation. She is personally known to me and did take an oath. Notary Public: print: Ela Vivonetto State of Florida at Large (Seal) My Commission Expires: Sen1: by: Pl. annJ. ngDevel opmenl: 9412636981 05/17/99 11:57AM 1C3,1~ L,'IM) i NG Job 683 Page 2 PARTIAL WAIVER AND RELEASE OF LIEN KNOW ALl. MHN BY THESE PKF, SENTS: k(.~The unde_~igned, being duly sworn, certifies that he/she is authorizod representative )~) (.~ t,~'-'.tff:,'C~q 0 r'3-!'; ~ 'r~Cand that all obligations for labor and/or materials: all taxes, liceroes, fee~ mid/or irmura~.ce: and all other bills ofwhateveg nature which arose in any manner and David Barron Land Development, Inc. on: ..... () ~ ' .... have b~en paid to date, and that thcr~ axe no un.~afisfied claims for such it~ of for Mj~ pro~ ~g ~om or ~eident to ~e peffo~ce ofsMd su~on~cg ~d ~t ~id su~on~ct h~ not ~en ~$i~ ~ whole or ~ pro. ~e ~dersi~c~ in consideration for p~i~ pa~cnt of*c sm of $ ()C[ ~ [ ~D~ ~ ~., r~eipt of wM~ is hereby ac~wlcdged, ~ ~c e~at offs ~ pa~ent onlg, for &o a~t~ mo~{, does w~ve, rcle~o rel~qu[~ i~ ~t to ql~{m a fi~ or li~ for work peffo~ or matcfi~ ~ish~ ~ou~ ~d~ is a p~ w~ver ~d p~al rele~e of lien by ~e ~&mi~cd even p~t to 713.20 (3). Flod~ s~tutes, for ~e sole p~e of~l~g J~ Hen fi~ ~ to ~e ~o~t ~ted a~ve, ~d does not waive or relic ~y ~ fi~ ~ ex~s of~e s~t~ am. ~conside~fion ~eitcd a~vc is a chc~k or ~ ~s p~ia~ w~ver ~d relent of lien is ~nd[fion~ u~n pa~ent of ~c z~d eh~k or ~, ~c ~ide~fion r~eived in exc~ge for ~s p~i~l w~ver ~d relic ofH~ ~ dcsi~t~ by payor to ~ applied to ~e [ollow~g:. Tlfis release may not be changed orally, ,1998. Sent by: Piann±ngDeveIopment 9412638981 05/17/99 11:58AM Job 683 FELlCAN IAND.ING Page 31 ~00, PARTIAL WAIVER AND RELEASE OF LIEN KNOW ALL MEN BY TttESB PRESENTS: The undersigned, being duly sworn, oertifics fixat he/she is authorized representative of~.'{~l~l.6(/"J ~.I~¢ID'C3 I I'X~ ~} ~_~ L~.Ccx3 vr 1 '~__/~ g- [.. 4't C ,and that all obligation~ for labor and/or materials: al~ taxes, h.oens~, fees and/or insurance. and all oth~r bdls of whatev,er nature ~v~_~_'ch arose m any manner m and David Barro~ [rand D~velopmcnt, Inc. on: g '% a£ g t.t have been paid to date, and that them are no unsatisfied clah:ns for such items offer injury to persons and/or property occurring from or incident to the performance ofsaid subcontract, and that said subcontract has not been assigned in whole or in part. The undersigned, in consideration for partial payment of the sum ors (~'C) ~ ~~..., receipt of which i., hereby acknowledged, 1o the extent of this partial payment cnl~, for the stated ~nount, does waive, release and relinquish its right to ~.im a lien or liens for_work performed or materials furnished through the ~ 3'_-~I£-, day or_"_[ rl_a,:~c,199fi_~onthepropertydegcribedabove. This is a partial waiver and partial release of lien by the undersigned given pursuant to 713.20 (3). Plor/da statutes, for the sole purpose of releasing its lien rights up to the amount stated above, and does not waive or release any ti~n rights in excess of the staled sum. IfconMderafion recited above is a check or draft, this partia~ waiver and release of llen is unconditional upon payment of the said check or draft. The consideration receive~ in exohang~ for this partial waiver and release of lien is designated by payer to be applied to the following:. This releac~ may not be changed orally. Executed thisJ'~ayo£ ~~,, 199~ (Print Name) Title COUNTYOF~ ---~ ~ ~,._~; . Before me ~mo~y ap~ )~} Lq ' -t~~ ~o~ to me ~nMly or identifi~ to me by . ~ ~ ~e pe~on d~d ~ ~d ~o, ~er ~hg sworn ~d ~d.er oa~ given by me, executed ~ forzgohg ~ent, ~d ao~owledg~ to ~d ~fo~ mz ~t h~she ex~d ~d ~ent for ~e p~os~ ~~md, · -v,,;;~; m,~o~~ - , Sent by: PlanningDevelopment 9412636981 05/17/99 11;59AM Job 683 Page 4/ PARTIAL WAIVER AND RELEASE OF LIEN KNOW ALL MIeN BY THE~ PRESENTS: ~ un ,d~a~l, berns duly ~o~ ~ t~t heshe is authom~ ~ms~ of. ~L~ {' I L') L_ all ~ !i~, ~'~0r ~ce~ ~ bi~s of ~r ~ wbi~e ~ ~ ~ ~d ~B~n ~ ~1opment, ~c. on: . () !mvc bccu paid to date, and thai the~e are no uns~fsfied claims for such itcms for injury to p~rsons amitm properly occun-ing from or incident 1o the performance of said sutx:onn-act, at~d lhat ~id subcontract has not latch assigned m whole or in pro1. The undersigned, in coz~vidcration for partial paymen, of the ~mm of $ ~,?,,/3 0 .().. ?) ~ rccei~ of which is hereby acknowledged., to tim r. xlcnt of this partial liniment only, for th~ staled arnourn, does ~ive, relea$~ and re~L~quish ils riRh0tQ claim a lien or iie~as for wozk performed oc mate~al-~ fumi.e, hed 'Ibis is a partial waivcr and pcirfial rcle. ac~ of lien by the unde~igncd givcn ~ Io 713.:20 (3). Florida sial'~te~, for the sole purl~ of z~lcalsi~ lB; lieal righis up to the arnotrot ,,aaled above, and ck~s not waive or n:lca~ any licm righta in c~oc~ of the $1a~od earn. If consideration recited abov~ is a chenk or draft, tlds pm%iai waiver and rcl~as~ of' lien is tm¢onditiom~l upon payment of th~ said ¢he~k or draft. T!~ consideration rc~ivcd in e.~xehan§e for tlxis partial waiver and relca.~ of licn is desiglmte~ by. pa~r 1o be applied to tbc following: '.~is rcle, a~ may not b~ cFmn~ed oraUy. COLLIER COUNTY GOVERNMENT PI. JBLIC WORKS DIVISION 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: (941) 732-2526 March 19, 1999 Haleakala Construction Company 5758 Taylor Road Suite Naples, Florida 34119 Re: Bacteriological Analysis Results - Main Clearance Attached please find the analytical results on the following water main clearance project Eckerd's. These results were found to be acceptable by Collier County Laboratory, #55261. Should you have any further questions regarding this matter, please contact me at (941) 352-7004. Sincerely, Howard B. Brogdon Laboratory Supervisor G State of FLorida Department of Health Office of Laboratory Services Jacksonvi[te, #in.i, Pensacola Taaq~, West PaLm Beach DRINKING WATER BACTERIOLOGICAL ANAL YSlS DHRS# 55, ~R LAB USE ONLY Rec'd 12:15 03-i6-99 TESTED Date: 03-16-99 By:GJG Time: 15:00 TO 15:35 CONFIRMED SYSTEM NAME: ADDRESS: COLLECTOR: SAHPLE SITE (Locality or Sul:xJivision): DATE AND TIME COLLECTED: ~--1 ~--~9 Press ha~, (5] copies Collier County Water Dept 51i4069 ?':' SYSTEM I.D. NO: SYSTEM PHONE #: 3301 Tamiami l'rail, Naples, FL COUNTY: Collier DISTRICT: GFOFF~FY .T ~RAP, NFR COLLECTOR PHONE #: ECKERD' S TYPE OF SUPPLY(Circle one ater syst Noncommunity water system Nontransient - noncommunity water system ~ Friv. Lc welt g pool Bottled water Limited Use system TYPE OF SAMPLE(Circle one): Compliance Repeat Replacement ~Leara~ Wet[ survey Other (Check Box) [ ] Distribution [ ] Check here if payment made [ ] Raw to county public health uni TO BE COMPLETED BY COLLECTOR OF SAMPLE TO BE COMPLETED BY LAB ANALYSIS METHOD: ~ MTF MMO-MUG PA COLL. SAMPLE POINT CL NON CONFIRM CONFIRM NO. (Speciffc Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLI SAMPLE NUMBER i i 0+00 3.5 8.4: ~/~_~ 9903-454 12 0+25 B/F FIRE 3.5 8.51 ~ 9903-455 * Results in this column are presun~otive. Total coliform and feca[ coilform or E. coti confirmation will follow in 2G-4B hours. P - Co[iforrns are present C - Confluent growth TA - Turbid, Absence of gas or acid A - Cotiforms are absent TNTC - Too numerous to count INVOICE ADDRESS (if different than address below): REMARKS: DAY ONE INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: SATISFACTORY INCOMPLETE COLLECTION INFORMATION REPEAT SAMPLES REPLACEMENT SAMPLES State of FLorida Department of HeaLth Office of Laboratory Services JacksonviLLe, Mimni, Pensscots TGmpa, West PaLm Beach DRINKING WATER BACTERIOLOGICAL ANAL YSIS DHRS# 55 ~R LAB USE ONLY Rec'd 11:00 03-17-99 TESTED Date: 03-17-99 By:GJG Time: 15:00 'TO 16:00 CONFIRMED Press hard, (5) copies Collier County Water Dept 5114069 SYSTEM NAME: SYSTEM I.D. NO: SYSTEM PHONE #: 3301 Tamiami Trail, Naples, FL Collier ADDRESS: COUNTY: D I STR l CT: 732-25~ 11 COLLECTOR: GEOFFREY J GRABNER COLLECTOR PHONE #: ~5;:'-7~ ECKERD' S SAMPLE SITE (LocaLity or Subdivision): DATE AND TIME COLLECTED: TYPE OF SUPPLY(Circle one): oncon~nunity water system Nontransient - noncommunity water system ' ing pool Bottled water Limited Use system TYPE OF SAMPLE(Circle one): Con~o[iance Repeat Replacement Well survey Other (Check Box) [ ] Distribution [ ] Check here if payment made [ ] Raw to county public health uni TO BE COMPLETED BY COLLECTOR OF SAMPLE T~CONPLETED BY LAB ANALYSIS METHOD: MTF MMO-MUG PA COLL. SAMPLE POINT CL NON CONFIRM CONFIRM NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLI SAMPLE NUMBER 11 0+00 3.5 ).39 /~ 9903-482 l~ 0 co B/F FIRE d.5 ~.35 9903-483 * Results in this column are presun)~tive. Total coifform and feca[ co[iform or E. co[i confirmation will follow in 24-48 hours. P - Co[iforms are present C - Confluent growth TA - Turbid, Absence of gas or acid A - Coliforms are absent TNTC - Too numerous to count INVOICE ADDRESS (if different than address below): REMARKS: DAY TWO INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER xe_° NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: ( ) ( ) SATISFACTORY ( ) INCOMPLETE COLLECTION INFOR~TION ( ) REPEAT SAMPLES ( ) REPLACEMENT SAMPLES State of FLorida Department of HeaLth Office of Laboratory Services JacksonviLLe, Miami, PensacoLa Tampa, West PaLm Beach DRINKING WATER BACTERIOLOGICAL ANALYSIS DHRS# 552¢~'~R LAB USE ONLY Rec'd i1:30 03-18-99 TESTED Date: 03-18-99 ]*ime: 12:55 'l-O CONFIRMED S'TART: FINISH: BY: By: GJ'G i 3: 30 Press hard, (5) copies Collier County Water Dept 5114069 73'2--'255~ SYSTEM NAME: SYSTEM I.D. NO: SYSTEM PHONE #: ADDRESS: 3301 Tamiami Trai 1, Naples, FL COUNTY: Col 1 ier DISTRICT: 11 COLLECTOR: RO' D COLLECTOR PHONE #: 352--700'~ SAMPLE SITE (Locality or Subdivision): ECKERD' S DATE AND TIME COLLECTED: m~- 18-9 9 9 :PO TYPE OF SUPPLY(Circle one - C~nity~ater sys--~em Noncon~nity water system Nontransient - noncommunity water system Private wet[ Swimming pool Bottled water Limited Use system TYPE OF SAMPLE(Circle one): Compliance Repeat Replacement ain~ Well survey Other (Check Box) [ ] Distribution [ ] Check here if payment made [ ] Raw to county public health un TO BE COMPLETED BY COLLECTOR OF SAMPLE TO BE COMPLETED BY LAB ANALYSIS METHOD: ~ MTF MMO-MUG PA COLL. SAMPLE POINT CL NON CONFIRM CONFIRM NO. (Specific Address) RES'D pH COLIFDRM *TOTAL TOTAL FECAL E. COLl SAMPLE NUMBER 12 0+00 3.0 3. 45 ~ 9903-543 * Results in this column are presumptive. Total coLiform and feca[ cotiform or E. coil confirmation ~i[[ follow in 2~-48 hours. P - Coiiforms are present C - Confluent growth TA - Turbid, Absence of gas or acid A - Co[iforms are absent TNTC - Too numerous to count INVOICE ADDRESS (if different than address below): REMARKS: DAY THREE INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER UZ NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: ( ) ( ) SATISFACTORY ( ) INCOMPLETE COLLECTION INFORMATIOI ( ) REPEAT SAMPLES ( ) REPLACEMENT SAMPLES Sent by: PlannsngDevelopment 9~1'2636981 04/26/99 11~Q0 Job 528 Page 2/ COLL1F R COUNTY GOV p[IBLIC WORKS DIVISION 3301 E, TAMIAMI TRAIL NAPLES. FL 341 i 2 (941) 732-2575 FAX: (941) 732-2526 April 23, 1999 Haleakala Construction Company 5758 Taylor Road Suite Naples, Florida 34I 19 Re: Bacteriological Analysis Results - Main Clearance Attached please find the analytical results on the following water main clearance project Eckerd's ~ Vanderbilt Beach Rd. and Airport Pulling Rd. These results were found to be acceptable by Collier County Laboratory, #55261. Should you have any further questions regarding this matter, please contact me at (941 ) 352-7004. Sincerely, Howard B. Bfogdon Laboratory Supervisor Sent by; PlanningDevelopment ~12636981 04/26/99 11'~Q0 Job 528 Page 3/ State of Ftorida Department of HeaLth Office of Lal~ratory Services JacksonvilLe, Xtemi, Parmacola Tmnpa, Uest PaLm Beach DRINKING WA TEA BACTERIOLOGICAL ANAL YSIS DHRS*~ .J~C:.~.~ 1FOR LAB USE ONLY ire,=' ~::~ 1. 3: ;/;V~. ~'.~,,---;=~ TESTED Date: 04-21'--~J'~ ~-~,/ 'T~.me: lq: ~3 CONF ~ RmED Press hard, (5) copies Collier Co,.~nt¥ Wal;e'r- Dept 51:[40¢-~c-") SYSTEM NAME: SYSTEM I.D. NO: SYSTEM PHONE #: ADDRESS: 3301 1-amiami Trail, Naples, F'L. COUNTY: [:L')] ]. 3[)r DISTRICT: COLLECTOR: r' .......' DO,NPJ~5 SAMPLE SITE (Locality or Subdivision): Day 1 COLLECTOR PHONE #: DATE AND TIME COLLECTED: ~!~ 21 ~} ~';-,. ~ ','F1 4 ~ · ~.~ TYPE OF SUPPLY(Circle one): ~rJmmun~-ty water s¥6~'~J~ Noncommunity water system Nontransient - nonconlnunity water system PrYvale we[[ Swi~J~rl~g pool Bottled water Limited Use system TYPE OF SAMPLE(Circle one): Compliance Repeat Replacement ~ cl~ar~ ~ell survey Other (Check Box} [ ] Distribution [ ] Chec~ here if payment m [ ] Raw ~ county puDlic health COLL. NO. TO BE COMPLETED BY COLLECTOR OF SAMPLE SAMPLE POINT (Specific Address) 0 + 2 5 Resul:s in this col c~n are presumptive. P - Co[[forms are present A - ~liforms are absent CI RES'D ~.5 8.~32 · ].5 8.28 I" ANALYSIS METHQ0 NON COL[FORM *TOTAL MMO-MUG PA ~,~-~OMPLETED BY LAB TOTAL CONFIRM FECAL E, rOLl SAMPLE NUMB Total calfform and feca[ calfform or E. coli confirmation will follow in C - Confluent growth TA - Turbid, Absence of gas or acid TNTC - Too numerous to count hours. INVOICE ADDRESS (if different than address below): I:~EMARKS: D~¥' ONE NAME AND MAILING ADDRESS OF PERSOn/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TTTLE: INTERPRETATIONS-REMARKS BY PROGRAM REVIE~ SATISFACTORY INCOMPLETE COLLECT]ON INFORNAT REPEAT SAMPLES REPLACEMENT SAMPLES Sent by: Piann&ngDeveiopment 94~2636981 04/26/99 11:P~ Job 528 Page 4/ Department of #ee%th Office of Laboratory Services Jacksonvii[e, Miami, pensacola Tampa, West Palm Beach DRINKING WATER BACTERIOLOGICAL ANAL Y$15 DHRS~ 5526 iFOR LAB us~ ONLY R e c ' d 1 ;:..:'.: ~ {'.] ~?.~/4-- ;:: ,~: -- ~::;, TESTED Date: ~4-22-99 ~y: l'ime: 14:05 ]'[] 14:55 CONF I RMEO SYSTEM NAME: ADDRESS: Press hard, (5) copies [:;oilier' County Water Dept 5114069 /32 SYSTEM I.D. NO: SYSTEH PHONE #: 3301 'Famiami 'Trail, Napies~ F~ C~NTY: ColLie*t-' DISTRICT: COLLECTOR: ~tt"]l~[ r"d~ ["3F]Fip.~ELL COLLECTOR PHONE ~: ~ .-;;~'* :.-. ~KERD~S Day 2 SAMPLE SITE (Loca[{t¥ or Subdivision): TYPE OF SUPPLY(CircLe one): ~o11131unity Noncon~un{ty water system Nontransient - noncontmunity water system Pr~:e we~ng pool BottLed water Limited Use syste~ TYPE OF SAMPLE(CircLe one): C~[fance Re. at RepLaceant ~Nain cteara~ WeLL survey Other (Check Box) [ ] Distribution [ ] Check here if pa~ent r [ ~ Raw ~o county public healtf TO BE COHPLETEO BY COLLECTOR OF SAMPLE .,TCL_~ COMPLETED BY LAB ...... ANALYSIS M~T~O,D; MTF M~-MUG COLL. SAMPLE POINT C[ NO~ ~M CONFIRM NO. (Specific Address) RES'D pH COL[FORM *TOTAL TOTAL FECAL E. COL[ , SAMPLE NUMB ResuLts in this coi umn are presumptive. P - Coltforms are present A - Cotiforms are absent Total coliform and fecaL coLSTorm or E. coli confirmation wit[ fortow fn 24-~8 hours. C - Confluent growth TA - Turbid, Absence of gas or acid TNTC - Too numerous to count INVOICE ADDRESS (if different than address below): REMARKS: DAY TWO NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: INTERPRETATIONS-REMARKS BY. PROGRAM REVIE~ SATISFACTORY INCOMPLETE COLLECT[ON INFORMAT REPEAT SAMPLES REPLACEMENT SAMPLES CERTIFICATION OF CONTRIBUTORY ASSETS PROJECT NAME: LOCATION: ECKARI)S STORE NO. 3623 / VANDERBILT GALLERIA 2375 VANDERBILT BEACH ROAD EXT. NAME AND ADDRESS OF OWNER: PELICAN BAY DEVELOPMENT 24840 BURNT PINE DRIVE BONITA SPRINGS. FLORIDA 34134 TYPE UTILITY SYSTEM: POTABLE WATER SYSTEM DESCRIPTION AN1) COST OF MATERIAL. LABOR, AND SERVICES POTABLE WATER .16" X 8" HOT-TAP FIRE 1 I FIRE METER & BFP ASMBLY i8" PVC DR-14 FIREMAIN 800 i8" GATE VALVE 3 ]FIRE HYDRANT I BLOW-OFF PVC SCH-40 WATER SERVICE 150 METER & BFP ASMBLY 1 BLANK CONDUIT 75 Sub Total __._ svoo.oo i EA $1,850.00 $1,1oo.oo L~~ $5.00 ~- $650.00 $1,850.00: $2.20000 $7.00 $43,775.00 $750.00! ~$_6~0.9p j $525.00 i (If more space is required. use additional page(s). Number each page and include the name of the project. 7/1/96 11-5 CERTIFICATION OF CONTRIBUTORY ASSETS PROJECT NAME: LOCATION: ECKARDS STORE NO. 3623 / VANDERBILT GALLERIA 2375 VANDERBILT BEACH ROAD EXT. NAME AND ADDRESS OF OWNER: PELICAN BAY DEVELOPMENT 24840 BURNT PINE DRIVE BONITA SPRINGS. FLORIDA 34134 TYPE UTILITY SYSTEM: SANITARY SEWER SYSTEM DESCRIPTION AND COST OF MATERIAL. LABOR. AND SERVICES ,4" PVC DR-14 FORCEMAIN 16" PLUG VALVE iJACK & BORE 18" CASING OPEN~CUT 18" CASING Sub Total 40 L_~ $6.25 I $250.00 128 $168.00{ ....... $2 I~ :g_04.00 50 ~ $34.004 $1 1 $51,324.00 , .___--$51.32_4.0_0 [ $83,093.00 (If more space is required. use additional page(s). Number each page and include the name of the project. 7/ I /96 11 -5 SWANSON & ASSOCIATES CONSULTING ENGINEERS, INC. Transportation Utilities Stormwater Management Commercial Residential April 2, 1999 Board of County Commissioners of Collier County 3301 Tamiami Trail East, Building F Naples, FL 34104 RE: Eckerd at the Vanderbilt Galleria Honorable Commissioners: The purpose of this letters is to certify that to the best of my knowledge, information and belief in accordance with commonly accepted procedures consistent with applicable standards of practices, the water and sewer facilities to be dedicated at the above-referenced project have been constructed within easements dedicated by the "Grant of Utility Easement" provided in this package. This is not a guaranty or warranty, either expressed or implied. Sincerely, Swanson & Associates Consulting Engineers, Inc. Laurie A. Swanson, P.E. President 13570 Admiral Court Fort Myers, Florida 33912 Tel (941) 768-9267 Fax (941) 768-6870 5133 Castello Drive, Suite 2 Naples, Florida 34103 WARRANTY The undersigned parties do hereby warrant and/or guaranty all work executed by the contractor on the water and/or sewer ~'stems of ( Name of Development ) ECKARDS STORE NO. 3623 / VANDERBILT GALLERIA to be free from defects in material and workmanship for a period of at least one ( I ) year from the date of acceptance by the Collier 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 dmnaged by said defective work under this Warrant' - Guaranty. It is furthermore understood that the consideration for the giving of this Warranty and/or 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. Haleakala Construction, !he, t,~ Ti~t~ Mitchell. Sr.. President STATE OF FLORIDA ) ) COUNTY OF COLLIER ) SS: The foregoing instrument was signed and acknowledged before me this I st day of April, 1999 by Timothy C. Mitchell, Sr. who is personally knmvn to me and who did not take an oath. Brenda K Merchant CC 732239 ( Notary Seal ) 7/I/96 11-2 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number I Date l Post Date I Payment Slip Nbr 125058 i4/9/99 8:40:36 AM 14/9/99 I UT 51448 ~ HALEAKALA CONSTRUCTION CH #23561 VAND RCH EXT & AIRPORT DOR 324 WO#17709/17826 Payor · HALEAKALA CONST Fee Information Fee Code I Description I GL Account 42CYIN ~ COUNTY INVOICES ~ 40800000011510000000 Total Amount Waived $213.67 $213.67 Payment Code l c. ECk123561 Account/Check Number Payments Amount $213.67 Memo: HALEAKALA CONSTRUCTION 5758 TAYLOR RD NAPLES, FL 34109 Total Cash ~ $0.00 Total Non-Cash I $213.67 Total Paid I $213.67 Cashiedlocation: FROLOFF E / 1 User: EMERSON_K Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:5/15/99 11:42:00 AM Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt [ Trans Number ~ Date ',. 1~19~ ....... ~05/10/1999 2:43:12 PM lPost Date 05/10/1999 IPayme_nt Slip Nbr UT 52913 SHAW ENTERPRISES OF FT. MYERS CH fi16500 ECKARD PHARMACY AT ARPRT & VNDRBLT SERVICE BREAK DOR361 WO # 18078SHAW P Payor · SHAW ENT Fee Information Fee Code J Description 42CY N COUNTY INVOICES t40800000011510000000 GL Account Total Amou~IWaived $92-30t $92.30 Payments Payment Code Account/Check Number CHECK 165OO Memo: Total Cash Total Non-Cash Total Paid $0.001 $92.30 $92.301 SHAW ENTERPRISES OF FT. MYERS P O BOX 50337 FT. MYERS, FL 33994 Cashiedlocation: TERILLA J / 1 User: EMERSON K Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:05/10/1999 2:43:44 PM '18, 1999 NO NAPLES PAGE Fh- Control & R.scue 1441 PINE RIDGE ROAD' NAPLES, FLORIDA 34109 (941) 597.3222 Fax (941) 597-7082 Planning Development Incorporated 5133 CasteliD Drive, Suite :2 Naples, FL 34103 Re: Fire Hydrant Acceptance Eckerds, 2375 Vanderbilt Beach Road Dear sir, The North Naples Fire Control and Rescue District has inspected for ownership and maintenance on the above hydrants. We have recieved payment for the above hydrant(s) and now accept ownership and maintenance. $125.00 per hydrant times number of hydrants 2 -- $ 250,00 $23,00 per thrust block times number of hydrants 2= $ 46,00 one flow charge at time of acceptance $35,00 = $ 35.00 Following are the resuJts of the flow test: Static: 48 Residual: Flow: 787 Pitot: 42 24 Total: $ 331.00 If you have any questions, please do not hesitate to give me a call at 597-9227. Sincerely, Karl K. Reynolds, Fire Marshal Fire Prevention Bureau Pd in full:c.,k~1141 Date: 05/17199 1441 PINE RIDGE ROAD ' NAPLES, FLORIDA 34109 (941) 597-3222 Fax (941) 597-7082 March 26, 1999 Planning Development 5133 Castello Drive, Suite 2 Naples, FL 34103 RE: Flow Test Eckerds on Vanderbilt Beach Dear sir, The North Naples Fire Control and Rescue District has conducted a flow test at the above location. This also will serve as an invoice of $35.00 to cover the cost of the test. Please make your check payable to: North Naples Fire Department, and you must reference the name of the job on the check. Following are the results of the flow test: Static: 44 Residual:34 Flow: 950 Pitot: 32 If you have any questions, please do not hesitate to give me a call. Sincerely, NORTH NAPLES FIRE DEPARTMENT Karl K. Reynolds, Fire Marshal Fire Prevention Bureau Sent by: PlanningDevelopment 9~4,12636981 05/14/99 3,L~.5PM Job 669 Page 3/ closed tight ~ ,~ g" uge p~essu~e I .... -'""- ....' ....' ...." ............"'" ...... replaced: ! replaced. I r~laced, or I or I o= dis~ (]J disc aeac []1 seat []l s~ide [][ ~ide retainer Ell o-r~. across check I ~n at across check valve psi[ psi valve psi J Z 39t:'J,:l SI~6 S69 I~6:X~J PLANNING DEVELOPMENT INCORPORATED Development Consultants, Planners and Designers May 14, 1999 Collier County - Engineering Review 2800 Horseshoe Drive Naples, Florida 34104 Attn: Shirley Nix Re: Eckerd ~ Vanderbilt Galleria - SDP 98-142 Infiltration / Exfiitration Certification Dear Ms. Nix: Please allow this correspondence to certify that infiltration / exfiltration tests for the sewer lines at the Eckerd ~ Vanderbilt Galleria project were not required as the facility is a forcemain and a sewer lateral, not a gravity main. Thank you. Should you have any questions or require additional information, please do not hesitate to call our office. Sincerely yours, PLANNING DEVELOPMENT INCORPORATED Laurie A. Swanson PLANNING DEVELOPMENT INCORPORATED 5133Castello Drive, Suite 2, Naples, Florida34103 Development Consultants Office: 941 / 263-6934 Planners' and Designers Fax: 941 / 263-6981 tewa,t~' Structure Rehabilitation! ,~161 Haucock Bridge Parkway * Ntb Ft. Myer~.FL ;33903 ' 941-997-664~"* 941-997.7117 t~ Sent by: PlanningDevelopment ~"2636981 F~LE No,028 05/07 '99 10:33 [D:H~LERK~L~ 05/10/99 7~ Job 618 F~<:9~l 598 9419 Page 3/ P~G~ 2 ~'~~, ELECTRICAL DEVELOPERS INC. MARK S. GRANT R3M~, Mye¢s, Florida 33805 Phone 694-5716 To Whom I% May Concern l %~he electx~c sea-vice %o the sewer lift station Ms bee33 ~atall~ in acco~ance wi%h the mpp~v~ plus ~d specifications. The Sinc arely, h~k S. ~si~en% May-03-99 01:54P E K~ Ft. Myer~ 941 93 1485 P.01 DIVISION OF ELLIS K. PHELPS & CO. 2152 SPRINT BLVD. APOPKA. FL 32703 (407) 1386-~ ~31 RESPOND TO: 5661 DIVISION DRIVE .~ 1100 -~3RD COURT 8OUl'II FORT MYERS, FL 33905 MANOONIA PARK ( 9 4 1 ) 6 9 3 - 5 2 2 6 WE~I' PALM BEACH, FL 33407 (561) 848-2299 PUMP STATION START-UP REPORT r'l 124 A"[RPORT PARK DR. SAVANNAH, GA 31408 JOB NAME__.ECKER____D'S @ VANDERBILT OPERATOR_ LOCAT]iON OF INSTALLATION _ ___Naples, FL CONTRACTOR Haleakala Construction I)ESICN CONDITIONS: GPM PUMP MODEI, CP3127 ll.P. 10 IMPEl. LEE 484 VOLTAGE SERIAL NUMBER ~1 180-990442 ~3 MANUFACTURER OF CONTROL OVERLOAD HEATER ~ B-50 ALTERNATOR TESTED YES #2 180-9840829 #4 QCI SERIAL L/A CONNECTED NO 208 PIIA~J?: 12-98-02 GROUND CONNECTED TDH 3 YES COMMENTS: Needs a mix flush valve on pumgs. MEGGER CHECK #1 INF RED INF BLACK INF WHITE ~2 INF RED INF BLACK INF WHITE ~3 RED ~LACK WHITE #4 RED BLACK WHITE VOLTAGE CHECK: TO GROUND SECONDARY 208 123 CONTROL CIRCUIT FRIMARY 123 A to B 212 B to C 212 A to C A to G 123 B t~ G 123 A to G AMPERAGE CHECK; #1. 20 A 22 B 25 C PHASE ~ 18 A 20 B 23 C PHASE #~ A B C PHASE PUMPS SEATED PROPERLY . ~S _ OPERATOR HAS RECEIVED INSTRUCTION MANUAL~ FIELD TEST PERFORMANCE TEST: TDH TDH #I 431 GPM 36 TDH #2....4_~12. ......GPM _4_1__ ..... TDH HOTH GPM #3 GPM TDII #4 GPM _ _ 'I'D ' GPM 1 certify this report to be accurat(:: ~ D~ O/iicial Start-Up Date: 4/30/99 Po.~t-lt" Fax No,e ~. 7§71 l°"'" COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 PLANNING SERVICES DEPARTMENT ENGINEERING REVIEW SECTION April 27, 1999 Ms. Lorie Swanson 5133 Castello Dr. Naples, FL 34103 RE: Eckerds at Vanderbilt Galleria, Water & Sewer Dear Ms. Swanson: A preliminary inspection of the referenced project was conducted by Randy Casey of the Engineering Review Section of the Planning Services Department on April 28,199. Conditions were found to be acceptable, and appear to meet County standards. If you should have any questions, please do not hesitate to call Randy Casey at (941) 403-2418 or Clyde Fugate at (941 ) 403-2417. Sincerely, Engineering Inspections Supervisor CF/ts/c:klnspection form Water & Sewer cc.' Cindy Erb, Engineering Technician, Public Works Acting Wastewater Director, Utilities Paul Mattausch, Water Director, Utilities Evelyn Ferguson, D.O.R. Billing Supervisor Randy Casey, Engineering Inspector, Engineering Review Section Shirley Nix, Engineering Tech. II, Engineering Review Section File Phone (941) 403-2400 Fax (941) 643-6968 www. co. co!!ier. fi,us ENGINEERS & SCIENTISTS, INC. 2726 Swamp Cabbage Court Ft. Myers, FL 33901 (941) 274-0991 FAX: (941) 275-0992 UTILITY EASEMENT LYING IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA A UTILITY EASEMENT SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF AIRPORT PULLING ROAD (200 FOOT WIDE PUBLIC RIGtiT OF WAY) AND THE NORTHERLY RIGHT OF WAY LINE OF VANDERBILT BEACH ROAD (200 FOOT WIDE PUBLIC RIGHT OF WAY), THENCE N.00°31'59"W. ALONG TItE SAID WESTERLY LINE FOR 370.82 FEET TO THE POINT OF IIF, GINNING OF TIlE FOI,I,OWING I)F~SCRIIIED EASF, MF, N'['., TIIENCF, S.89°28'01"W FOR 5.00 FEET; "['HENCE S.00°31'59"E. I:OR 3.62 I:t:~l~'l'; TI!ENCE S.89~'28'01"W FOP, 15.00 FEET: THENCE S.89°28'01"W. FOR 15.00 FEET; THENCE N.00°31'59"W. FOP, 18.62 FEET; "['HENCE N.89°28'01"W. FOR 20.00 FEET TO THE WESTERLY LINE OF SAID AIRPORT PULLING ROAD; THENCE S.00°31'59"E. ALONG SAID WESTERLY LINE FOR 15.00 FEET TO TitE POINT OF BEGINNING OF SAID EASEMENT. PARCEL IS SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS, AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE WEST RIGHT OF WAY LINE OF AIRPORT PULLING ROAD AS HAVING AN ASSUMED BEARING OF N.00°31 '59"W. PREPARED BY: BCI ENGINEERS AND SCIENTISTS FLORIDA LICENSED ENTITY No. 6868 DENNIS A, MILLER PROFESSIONAL SURVEYOR AND MAPPER I:LORIDA CERTIFICATE No. 5626 SHEET 1 OF 2 U :\Survey Departmcnt\Projects\7657-Eckards Naplcs\7657sk 1 .doc ~ ~z b 0 0 o o : 0 ,~ I~ WESTERLY R.O.W. z o z z o~OO ~ZZ Z~ ~000 ~Z ~Z Z Z SHEET 2 OK 2 PROdECT NO.: ~8-7~57 PHONE: (~4~) Description of Part of Section 35, Township 48 South, Range 25 East Collier County, Florida (20'x35' Collier County Utility Easement) All that part of Section 35, Township 48 South, Range 25 East, Collier County, Florida and being more particularly described as follows: Commencing at the southeast comer of said Section-35; thence along the south line of said Section 35, South 89°-38'-54" West 100.00 feet to a point on the west right-of-way line of Airport-Pulling Road (C.R. 31); thence leaving said section line, North 00°-31'-59" West 160.00 feet north right-of-way of Vanderbilt Beach Road; thence along said right-of-way South 89°38'54" West 310.00 feet to the Point of Beginning; thence continue South 89o38'54" West 20.00 feet; thence leaving said right-of-way North 00o31'59" West 35.00 feet; thence North 89°38'54" East 20.00 feet. thence South 00°31'59" East 35.00 feet to the Point of Beginning; Bearings are based on the South line of said Section 35, South 89°-38'-54" West Subject to easements, restrictions and reservations of record. WILSON, MILLER, BARTON & PEEK, INC. Registered Engineers and Land Surveyors By' ,idh9" P' Mal°ney' P'S ~#44~ Not val'id"hnless embossed with~sional's seal. Ref. 2L-596, sheet 3 Date March 29, 1999 WILSON, MILLER, BAI',TON ~ PEEK, INC'. 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 · Ph 941-649-4040 Fx 941-643-5716 Web Site: www.wilsonmiller. com E-mail: naples@wilsonmilier.com .I AIRPORT 200' PULLINO ROAD RIGHT OF WAY (C.R. 31)