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Folio #69145500008
Project: Regent Park Villas Wastewater Mains Relocation Folio: 69145500008 UTILITY AND ACCESS EASEMENT DONATION AGREEMENT THIS UTILITY AND ACCESS EASEMENT DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 2 day of T�-cam r , 2013 by and between REGENT PARK VILLAS II ASSOICATlON, INC., a Florida non profit corporation (hereinafter referred to as "Owner"), whose mailing address is 2338 Immokalee Road, Suite 422, Naples, Florida 34110 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 (hereinafter referred to as "CCWSD"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112; WHEREAS, CCWSD requires a perpetual non-exclusive Utility and Access Easement over, upon, through and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Easement") for purposes of constructing, operating and maintaining access, infrastructure and improvements necessary to CCWSD's utility facilities; and WHEREAS, Owner desires to convey a Utility and Access Easement over the Easement area to CCWSD for the stated purposes, on the terms and conditions set forth herein; WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the CCWSD for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due end payable for the Easement requested by CCWSD; and NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Easement via a Utility and Access Easement to CCWSD at no cost to CCWSD, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to CCWSD on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date CCWSD executes this Agreement; provided; however, that CCWSD shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting CCWSD's enjoyment of the Easement. 4. Owner agrees to convey the Easement for the purpose of constructing, operating and maintaining utility facilities on lands within the Easement. CCWSD shall restore the surface of any lands disturbed within the Easement after construction has been completed. 5. Owner is aware of and understands that this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that the Easement and all uses of the Easement have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Easement except as specifically disclosed to CCWSD; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Easement to be conveyed to CCWSD; that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Easement b) any existing or threatened environmental lien against the Easement or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Easement. This provision shall survive closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the CCWSD against and from, and to reimburse the CCWSD with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable pa;alegal and attorney fees and 0 expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the CCWSD by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. CCWSD shall pay for all costs of recording the Utility and Access Easement in the Public Records of Collier County, Florida. The owner shall pay for all other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and assignees whenever the context so requires or admits. 10. Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 12-Hk--- day ofd- , 2013. AS TO CCWSD: DATED: k2 kkto-W3 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVE,ING BOARD OF THE COLLIER COU TYIJAT R-SEWER (STRICT ko,cpx.x.ack „ . , By OAtxeSt as to' )( �Qlerk G is . ler, Esq., Chairwoman signature Mt:, AS TO OWNER: DATED: &b✓ b i6";,. ot. ?tax,- fa.alike REGENT PARK VILLAS II ASSOCIATION, INC., ess (Signature) a Florida non profit corporation Name: Z i f-7,..0 c0)(11)(7) (Print or Type) B � ......, e. Witne Sig ur 'oberta J. Iton, Preside Name: Al • .0 4 4i a..,. , , (Print or T p, ) 4 pprovcd as to form and legality • - . •..1.. ..1A 1 ,•I A■ Assistant ounty •I torney 0 ram GRAPHIC SCALE NOTES 0 50 100 200 1. This is not a survey. r' I 2. Bearings shown hereon are based on the South line of Lot 5, Block 5, Regent Park Replat, according to the Plat thereof, being S89'06'09"E. 3. No easement search or abstracting was done by the surveyor and 1 inch = 100 ft note should be taken that this property is subject to any facts that may be revealed under a full and accurate title search. 4. Unless otherwise indicated, all existing easements shown hereon are based on plat. 5. No other persons or entities other than those listed as exclusive SURFACE LEGEND users may rely on this sketch and description. E _ _ 6. All dimensions are in feet and decimals thereof, unless otherwise EXISTING EASEMENT L — — J noted. 7. Subject to easements, reservations, and restrictions of record. PROPOSED EASEMENT 1 I I I N / _L. e_ N ___ i r 1 I1 i 1 I REGENT PARK 1-11- y.- ., VILLAS II I REGENT PARK--- - ARK I \ O.R. 4748, PG. 470-472 11 VILLAS I I I I I � �, r 11 0.R. 4786, f. I 1'I PG. 1737-1739 C 51 1 (�, I ' 5 ' / • ' 4 10' U.E. S88 26'09" 3:.1 ' I�' PER PLAT } 1 LINE TABLE \ `, I ®ts--,�--i�---� I LINE BEARING DISTANCE I l — — L3 L I NF33'51 E 10.00' I I I UTILITY L2 N1'.33'51 E 10.00' REGENT PARK EASEMENT 2E '� O.R. BOOK 4893 I VILLAS III L3 S0'21'11 E 10.01 5' r PG. 1148-1162 �` 5' -�1 N I I O.R. 4748, PER PLAT--___I I I~ I PG. 481 483 -} - - - _ JI PO#J CE Tri S.W. CORNER OF LOT 5, nn BLOCK 5, REGENT PARK, I :n ,— COLLIER COUNTY, FLORIDA p 2 LOT 6 TRACT "D" (DRAINAGE RETENTION) S89'06"09 E 198.14' S89'06'09"E 144.10' SOUTHWEST CORNER OF REGENT PARK VILLA5 II For fhe.El stve e Qf; EYIN SKETCH & DESCRIPTION Johnson:Eheieering 1I 1= '----a/.''. ' � ,-- • `, '.-.' -�! UTILITY EASEMENT, • u Vr REGENT PARK VILLAS II bawd J. fi • t, , S 7 4 —.. Florida 4 e e �No. 8;ivr$ ,� Q t ��$T -` = H COLLIER COUNTY FLORIDA Not,Vdlidt,withput the,i • re and , 2 p original'1se01•of.the_. •. 'Licensed LIMITED LIABILITY COMPANY Professional Survpyo , d Mapper MARCO SURVEYING & MAPPING CUENT.I Johnson Engineering Certificate df'Authorization /7705. 3825 BECK BOULEVARD SUITE 725 PROJECT#:[P-034 sue PROJECT: Regent Park Sketch & Descriptions NAPLES, FLORIDA 34114 DRAFTED BY: DATE SCALE WO NUMBER SHEET j DRAWING NO. YNNA ARCOSU coM RY 10/2013 1" = 100' 13-239 1 OF 2 1-0211 c"" N ?escription Utility Easement Feing a portion of Lot 5, Block 5, Regent Park Replat, as recorded in Plat Book 14, at Pages 57 c;nd 58, of the Public Records of Collier County, Florida, also being a portion of those lands described in the Amended Declaration of Condominium for Regent Park Villas II, as recorded in Official Records Book 4748, at Pages 470-472, of the Public Records of Collier County, Florida, being more particularly described as follows: COMMENCING at the southwesterly corner of Lot 5, Block 5, of Regent Park Replat, as recorded in Flat Book 14, at Pages 57 and 58, of the Public Records of Collier County, Florida; thence run South 89'06'09" East, along the southerly line of said Lot 5, for a distance of 198. 14 feet to the southwesterly corner of those lands described in the Amended Declaration of Condominium for Regent Park Villas ll as recorded in Official Records Book 4748, at Pages 470-472, of the Public Records of Collier County, Florida; thence run South 89'06'09" East, along the southerly line of those lands described in the Amended Declaration of Condominium for Regent Park Villas II as recorded in Official Records Book 4748, at Pages 470-472, of the Public Records of Collier County, Florida, for a distance of 144. 10 feet; thence run North 00'53'51" East, for a distance of 258.75 feet to the the southwesterly corner of those lands described as Easement 2E in Official Records Book 4893 at Pages 1148 through 1162 of the Public Records of Collier County, Florida; thence run North 01'33'51" East, along the westerly line of said described lands, a distance of 10.00 feet to the northwesterly corner of said described lands and the POINT OF BEGINNING. From the POINT OF BEGINNING run North 01'33'51" East, for a distance of 10.00 feet; thence run South 88'26'09" East, for a distance of 238. 12 feet to its intersection with the westerly line of the 10 foot utility easement as shown on the Plat of Regent Park Replat, as recorded in Plat Book 14, at Pages 57 and 58, of the Public Records of Collier County, Florida; thence run South 00'21'11" East, along the westerly line of said 10 foot utility easement, for a distance of 10.01 feet; thence run North 88'26'09" West, for a distance of 238.46 feet to the POINT OF BEGINNING. Containing 2,382.90 square feet or 0.055 acres more or less. S Jbject to easements, reservations and restrictions of record. I. EYIN SKETCH & DESCRIPTION �s,3':O �'y 1 ,3 o - fi 4 UTILITY EASEMENT, — �. �°v REGENT PARK VILLAS II > �•. z COLLIER COUNTY, FLORIDA A LIMITED LIABILITY COMPANY MARCO SURVEYING & MAPPING CuENT.•' Johnson Engineering 3825 BECK BOULEVARD SUITE 725 PROJECT l P-034 sue PROJECT: Re g ent Pork Sketch & Descriptions NAPLES, FLORIDA 34114 DRAFTED BY: DATE SCALE WO NUMBER SHEET 1 DRAWING NO. WV4V. ARCOSSUR coM RY 10/2013 1" = 100' 13-239 2 OF 2 1-0231 PROJECT: Regent Park Villas Wastewater Mains Relocation FOLIO No.: 69145500008 UTILITY AND ACCESS EASEMENT THIS UTILITY AND ACCESS EASEMENT, made and entered into this day of 2013, by REGENT PARK VILLAS II ASSOCIATION, INC., a Florida non profit corporation, whose mailing address is 2338 Immokalee Road, Suite 422, Naples, Florida 34110, (hereinafter referred to as "Grantor"), 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, its successors and assigns, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, (hereinafter referred to as"Grantee"). (Wherever used herein the terms"Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement for wastewater utility facilities and access purposes, over, under, upon, and across the following described lands located in Collier County, Florida, to wit: SEE ATTACHED EXHIBIT"A" Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials, including, but not limited to wastewater lines and pipes, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining wastewater utility facilities thereon. The easement granted herein shall constitute easements running with the land and shall burden the (lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. REGENT PARK VILLAS II ASSOCIATION, INC., a Florida non profit corporation, paid �p lam- k —o By:�.r..t. .. /.1 p� .i , ss(Signature) ` n J Roberta J. Da, , Presiden Name: mA - 1 �C ©5 03 (Print or T •e) 1�rll G.�ai..y Witne- i•n.tur:17 Name: hi. I APIA lir) (Print or Ty STATE OF DY _ COUNTY Colllrr" The foregoing Utility and Access Easement was acknowledged before me this aish/ is day of Akzeftsbawe , 2013 by Roberta J. Dalton, Pr nt, on behalf of Regent Park Villas II Association, Inc., a Florida non profit corporation, who is[Prpersonally known to me, or [ ]who has produced as identification. WITNESS my hand and official seal this _ da of AJPldtr>riqr" , 2013. • (affix notarial seal) LAN///[ . (Si•natuQ�• 1' Pu•jg //i a 4 /Bid— or Notary public State of Florida (Print Name of No'=ry Public) Marlene J McLaughlin NOTARY PUBLIC My Commission DD982175 Serial/Commission#: if an vr„,„ Expires 04/14/2014 ( y) _ My Commission Expires: A'proved as to form and legality HIS CONY N ACCEPTED BY THE %OARD OF COUNTY COMMISSIONERS, ^1LIER COUNTY FLORIDA, 1 • -.►./e,1 1 •IJRSUAN TO THE PROVISIONS Assistan ounty I ;t RESOLUTION NO. • •- y ry � torney r. GRAPHIC SCALE NOTES 0 50 100 200 1. This is not a survey. 2. Bearings shown hereon are based on the South line of Lot 5, Block 5, Regent Pork Replat, according to the Plat thereof, being S89'06'09 E. 3. No easement search or abstracting was done by the surveyor and 1 inch = 100 ft note should be taken that this property is subject to any facts that may be revealed under a full and accurate title search. 4. Unless otherwise indicated, all existing easements shown hereon are based on plat. 5. No other persons or entities other than those listed as exclusive SURFACE LEGEND — users may rely on this sketch and description. 6. All dimensions are in feet and decimals thereof, unless otherwise EXISTING EASEMENT L — _ J noted. 7. Subject to easements, reservations, and restrictions of record. PROPOSED EASEMENT J L / I II REGENT PARK I VILLAS II I REGENT PARK II O.R. 4748, PG. 470-472 VILLAS I I,I / III O.R. 4786, II PG. 1737-1739 I I II R 5' 5' I 10' U.E. / S88'26'09 238.1 I PER PLAT / LINE TABLE \ I I is�s��—�---_,—A I I \ -r — �:1: I. �Ir "f� 1. •t — — L3 / LINE BEARING DISTANCE L 1' N1'33'S1 E 10.00' IIIr I I L N1'33'51 E 10.00' I UTILITY I REGENT PARK EASEMENT 2E I a.R. Baox 4893 I VILLAS III L.'',' S0'21.11"E 10.01' 5' I n x. 1148-1162 --- 5' -41 — N I I O.R. 4748, PER PLAT- �� I PG. 4(31-483 — - -I - - I — - W EDIMLOE 7 - S.W. CORNER OF LOT 5, NI BLOCK 5, REGENT PARK, VI -- COLLIER COUNTY, FLORIDA p 2 LOT 6 TRACT "D" (DRAINAGE RETENTION) &9'06'09 E 198.1 .589'06'09'E 144.10' SOUTHWEST CORNER;OF _I — REGENT,.•lARK'SVILLAS ill • For 1/*'Exblusiue' Use,Of,' EYIIy ,IOhitisen.thgpneeri� v (�`,p SKETCH & DESCRIPTION - ' ! � . J .•7', ;I' / V' h ; I!4 UTILITY EASEMENT,•David . 'Hy ; P `M. j, v :.77,_ REGENT PARK VILLAS 11 •Florida Lice/ise No. 5834`.• aM 1 I ` COLLIER COUNTY FLORIDA Not vb{id without the §ignoture and It 1 .� 1 original/sec1'of the-Florida Licensed A LIMITED LIABILITY COMPANY Profess/,Onel'Surveyor and Mapper MARCO SURVEYING & MAPPING CLIENT::I Johnson Engineering Certificate of Authorization #7705. 3825 SUITE 725 YARD PROJECT#:1 P-034 suB PROJECT: Regent Park Sketch & Descriptions • NAPLES, FLORIDA 34114 DRAFTED BY: DATE SCALE WO NUMBER SHEET# DRAWING NO. Www2M ARCOSU COM RY 10/2013 1''' = 100' 13-239 1 OF 2 1-0231 r"!)escription Utility Easement Being a portion of Lot 5, Block 5, Regent Park Replat, as recorded in Plat Book 14, at Pages 57 ,Ynd 58, of the Public Records of Collier County, Florida, also being a portion of those lands :iescribed in the Amended Declaration of Condominium for Regent Park Villas II, as recorded in Official Records Book 4748, at Pages 470-472, of the Public Records of Collier County, Florida, being more particularly described as follows: (COMMENCING at the southwesterly corner of Lot 5, Block 5, of Regent Park Replat, as recorded in Plat Book 14, at Pages 57 and 58, of the Public Records of Collier County, Florida; thence run South 39'06'09" East, along the southerly line of said Lot 5, for a distance of 198. 14 feet to the southwesterly corner of those lands described in the Amended Declaration of Condominium for Regent Park Villas ll as recorded in Official Records Book 4748, at Pages 470-472, of the Public Records of Collier County, Florida; thence run South 89'06'09" East, along the southerly line of those lands described in the Amended Declaration of Condominium for Regent Park Villas ll as recorded in Official Records Book 4748, of Pages 470-472, of the Public Records of Collier County, Florida, for a distance of 144. 10 feet; thence run North 00'53'51" East, for a distance of 258.75 feet to the the southwesterly corner of those lands described as Easement 2E in Official Records Book 4893 at Pages 1148 through 1162 of the Public Records of Collier County, Florida; thence run North 01'33'51" East, along the westerly line of said described lands, a distance of 10.00 feet to the northwesterly corner of said described lands and the POINT OF BEGINNING. from the POINT OF BEGINNING run North 01'33'51" East, for a distance of 10.00 feet; thence run South 88'26'09" East, for a distance of 238. 12 feet to its intersection with the westerly line of the 10 foot utility easement as shown on the Plat of Regent Park Replat, as recorded in Plat Book 14, at Pages 57 and 58, of the Public Records of Collier County, Florida; thence run South 00'21'11" east, along the westerly line of said 10 foot utility easement, for a distance of 10.01 feet; thence rim North 88'26'09" West, for a distance of 238.46 feet to the POINT OF BEGINNING. Containing 2,382.90 square feet or 0.055 acres more or less. Subject to easements, reservations and restrictions of record. vEYING SKETCH & DESCRIPTION - ,,II- , UTILITY EASEMENT o , V ;4 CC I o REGENT PARK VILLAS II, ii a - ��r� z COLLIER COUNTY, FLORIDA 0 A LIMITED LIABILITY COMPANY MARCO SURVEYING & MAPPING CLIENT:I Johnson Engineering .3825 BECK BOULEVARD SUITE 725 PROJECT#:L p-034 SUB PROJECT: Regent Park Sketch & Descriptions NAPLES, FLORIDA 34114 DRAFTED BY DATE SCALE WO NUMBER SHEET# DRAWING NO. www2cosuRV aEYS coM RY 10/2013 1" = 100' 13-239 2 OF 2 1-023,/ Project: Regent Park Villas Wastewater Mains Relocation Folio No.: 69145500008 GRANTOR'S NON-FOREIGN, TAXPAYER IDENTIFICATION &"GAP" AFFIDAVIT The Undersigned, Roberta J. Dalton ("Affiant"), after being duly sworn, deposes and says: 1. Grantor is the fee simple owner and the only owner of the property located in Collier County and described in Exhibit "A" attached hereto and made a part hereof("Property"). 2. Grantor's Legal Name is: Regent Park Villas II Association, Inc. 3. Section 1445 of the Internal Revenue Code requires a transferee of a U.S. real property interest to withhold tax if the transferor is a foreign person. For U.S. tax purposes (including Section 1445), the owner of a disregarded entity having legal title to a U.S. real property interest under local law will be the transferor of the property and not the disregarded entity. To inform Collier County Water-Sewer District, as transferee, that withholding of tax is not required upon disposition of the Property, the undersigned Affiant affirms that the following is true: a. Grantor is not a non-resident alien (if individual) or a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined by the Internal Revenue Code and Income Tax Regulations.) for purposes of U.S. income taxation. b. Grantor's address is: 2338 Immokalee Road, Suite 422 Naples, Florida 34110 c. Grantor is not a disregarded entity as defined in s.1.1445-2(b)(2)(iii). (NOTE: A disregarded entity for these purposes means an entity that is disregarded as an entity separate from its owner under s.301.7701-3, a qualified REIT subsidiary as defined in s. 856(i), or a qualified subchapter S subsidiary under s.1361(b)((3)(B). 4. Grantor's Taxpayer Identification Number is: 5. For purposes of reporting this transaction to the Internal Revenue Service on Form 1099-S, the Property is Grantor's (check one) Principal Residence XX Other real estate 6. Grantor is in sole constructive or actual possession of the Property, and there is no other person or entity that has any possessory right in the Property. 7. Grantor has full authority to convey the Property. 8. There are no existing contracts for sale or mortgage commitments other than those being closed affecting the Property. 9. Grantor knows of no defects in the Property's title and, except for real estate taxes for the current year and those items identified on Exhibit "B" attached hereto, there are no liens, encumbrances, mortgages, claims or demands on or against the Property. 10. There are no unrecorded labor, mechanics', materialmen's liens or "Notices of Commencement" against the Property; no material has been furnished to or labor performed upon the Property within the past ninety (90) days which has not been paid for in full; no notices to owner have been delivered to or received by the Grantor. 11. There are no bills, liens or assessments for sanitary sewers, paving or other public utilities, or improvements made by any governmental instrumentality, which are now unpaid, against the Property. Further, Grantor acknowledges responsibility for water, sewer and electrical consumption charges through date of closing or occupancy by Grantor, whichever first occurs. If any bills, liens or assessments are found which relate to the period of Grantor's possession, Grantor will pay same upon demand. Grantor shall obtain any release documents needed which relate to bills, liens or assessments not paid at the time of closing. 12. No notice has been received of any public hearing regarding future or pending zoning changes or assessments for improvements by any governmental instrumentality. 13. Grantor knows of no violations of local or state laws or private covenants, restrictions or conditions which pertain to the Property. 14. There are no judgments, orders or decrees which have been entered in any state or federal court against the Property or Grantor, and there are no civil or administrative actions pending against Grantor or which involve the Property in any way, including no action for bankruptcy. 15. The Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local laws, regulations and ordinances, including environmental laws, and that the Grantor has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property; and that Grantor has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive closing and/or acceptance and is not deemed satisfied by conveyance of title. 16. Grantor shall indemnify, defend and hold Collier County Water-Sewer District harmless against and from any and all damages, claims, liabilities, actions, expenses, penalties, fines and costs (including attorney's fees and expenses) incurred by or asserted against Collier County Water-Sewer District by reason of or arising out of the breach of Grantor's representations under Paragraph 15 above, irrespective of whether the undersigned Affiant was negligent in the making of these representations. This provision shall survive closing and is not deemed satisfied by conveyance of title. 17. There are no unrecorded deeds, judgments, liens, mortgages, easements or rights of way for users, claims, boundary line or other disputes, or demands of any nature asserted against or affecting the Property. 18. There are no matters pending against Grantor that could give rise to a lien that would attach to the Property, or cause a loss of title, or impair title between the effective date of the title insurance commitment (or title search showing ownership and encumbrances) and the time of recording of the instruments evidencing Collier County Water-Sewer District's easement interests in the Property; and that Grantor has not executed and will not execute any instrument that would adversely affect the title to the Property from the date of this Affidavit forward. 19. Grantor agrees to fully cooperate with Collier County Water-Sewer District when necessary to correct any error discovered after closing and, in doing so, to execute, without delay, any corrective instrument(s) needed in order to effectuate the intent of the parties to this transaction. This provision shall survive closing. 20. Grantor understands that this certification may be disclosed to the Internal Revenue Service by Collier County Water-Sewer District and that any false statements made herein could be punished by fine, imprisonment, or both. Grantor further authorizes the submission of this Affidavit if and when required. 21. Under penalties of perjury, I, the undersigned Affiant, state that I have examined this Affidavit and to the best of my knowledge and belief it is true, correct and complete as of the date of execution hereof; that I am authorized to execute this Affidavit as or on behalf of Grantor and to bind Grantor thereby; that I will immediately notify Collier County Water-Sewer District of any change to the representations contained herein and that, in the absence of such notification, Collier County Water-Sewer District may rely on the representations contained herein on the day of closing; that Grantor intends for Collier County Water-Sewer District, its agents and attorneys, the title company issuing the title policy (if title insurance is to be issued), its underwriter and its employees, any escrow/settlement agent and other parties and their attorneys participating in this transaction, to rely on these representations, and Grantor will indemnify said parties for all damages, loss, liability, claims, cost and expenses, including attorney fees, which arise out of or result from their reliance upon these representations, irrespective of whether I was negligent in making these representations or executing this Affidavit. CP REGENT PARK VILLAS ll ASSOCIATION, INC., a Florida non profit corporation ilatlealetZ-0 ess (Signature) J By.t: i JC "d,U� 1(cwo "oberta J e alton, Pre .•ent Inr; Witnes- •r7 t Print: ..�. STATE OF F7c7 COUNTY OF l l try SWORN TO AND SUBSCRIBED before me this / 1}day of_ 2013 by Roberta J. Dalton, President, on be of Regent Park Villas II Association, Inc., a Florida non profit corporation, who is [ personally known to me or [ I who has produced as identification. WITNESS my hand and official seal this /'da of N2ta42013. (affix notarial seal) (Signature • o•r-t"�P, ic) (Print Name of Uatary Pub• �.►al"l. Notary Pudic State d Florida NOTARY PUBLIC �`, Modena J McLaughlin +?1 p• My Commissar DD9E2175 Serial/Commission #:(if any) P �t pd� Expires 04114/2014 My Commission Expires: Approved as`to-form and legality Assis ounty t CA GRAPHIC SCALE NOTES 0 50 100 200 1. This is not a survey. 2. Bearings shown hereon are based on the South line of Lot 5, -- Block 5, Regent Pork Replat, according to the Plot thereof, being S89'06'09-E. 3. No easement search or abstracting was done by the surveyor and 1 inch a 100 tt note should be taken that this property is subject to any facts that may be revealed under a full and accurate title search. 4. Unless otherwise indicated, all existing easements shown hereon are based on plat. 5. No other persons or entities other than those listed as exclusive SURFACE LEGEND users may rely on this sketch and description. — —r -1 6. All dimensions are in feet and decimals thereof, unless otherwise EXISTING EASEMENT L.— — J noted. 7. Subject to easements, reservations, and restrictions of record. PROPOSED EASEMENT J NN i � � r 1 \ i I 3 REGENT PARK I VILLAS II REGENT PARK �I�' O.R. 4748, PG. 4 70-4 72 1 VILLAS I I` I,I O.R. 4786. I I PG. 1 737-1 739 I , 11 I 5 5' 1 10' U.E. / - S88'26.09 238.1 ' 1 PER PLAT / -- LINE TABLE \ .. I ^i®i.Wii.�ii��ii.�� LINE BEARING DISTANCE I I roma OF — — L3 Li N1'33`51 E 10.00' 4 II I UTILITY I REGENT PARK L2 N1'33'511- 10.00' EASEMENT 2E I ^ O.R. BOOK 489J I VILLAS III L3 S0'21'11 E 10.01' 5' r PG. 1148-1182 -- 5' 1 f I I 0.R. 4748, 'ti 10 r`U.E. - 4 — N I PG. 481-483 PER PLAT- — I= _ _ _ _ J H W PIOIMT t1F , S.W. CORNER OF LOT 5, 1 M BLOCK 5, REGENT PARK, :n r— COLLIER COUNTY, FLORIDA a 2 LOT 6 TRACT "D" (DRAINAGE RETENTION) T S89.06'09"E 198.1 S89'06'09T 144.10' SOT 1WEST CORNER OF R GEAIT`PARJC VILLAS II . -1 � r8C.•th.4.Ex lusRq Use Of: SKETCH & DESCRIPTION } ,J,ohnson EngOirerlay. JrJEY;INGc, `. , g9 `' ` _ , 1- /f-4 UTILITY EASEMENT, .T� u \ REGENT PARK .Dgyidi J., att, PSI; - 11 A VILLAS 1 Fictri4 Licenhbu 1 5834 4-- 1irt - COLLIER COUNTY, FLORIDA ,' Not valid'wjthbut the signature and �?� .i,original seg1];af,,the Florida Licensed A Li,,, LIABILITY(WARY Profeesiana7 Surveyor and Mapper MARCO SURVEYING & MAPPING CUENT.•I Johnson Engineering Certificate of Authorization #7705. 3825 BECK BOULEVARD PROJECT/:I,P-034 SUB PROJECT: Regent Park Sketch & Descriptions NAPLES, FLORIDA 34114 DRAFTED BY DATE SCALE WO NUMBER SHEET/ DRAWING NO. www2MURC389-0026 R cou RY 10/2013 1" = 100' 13-239 1 OF 2 1-0231 r 1 i)escription Utility Easement Being a portion of Lot 5, Block 5, Regent Park Replat, as recorded in Plat Book 14, at Pages 57 .:.Ind 58, of the Public Records of Collier County, Florida, also being a portion of those lands described in the Amended Declaration of Condominium for Regent Park Villas II, as recorded in Official Records Book 4748, at Pages 470-472, of the Public Records of Collier County, Florida, being more particularly described as follows: COMMENCING at the southwesterly corner of Lot 5, Block 5, of Regent Park Replat, as recorded in Plot Book 14, at Pages 57 and 58, of the Public Records of Collier County, Florida; thence run South 89'06'09" East, along the southerly line of said Lot 5, for a distance of 198.14 feet to the southwesterly corner of those lands described in the Amended Declaration of Condominium for Regent Park Villas ll as recorded in Official Records Book 4748, at Pages 470-472, of the Public Records of Collier County, Florida; thence run South 89'06'09" East, along the southerly line of those i:ands described in the Amended Declaration of Condominium for Regent Park Villas ll as recorded in Official Records Book 4748, at Pages 470-472, of the Public Records of Collier County, Florida, for a c:iistance of 144. 10 feet; thence run North 00'53'51" East, for a distance of 258.75 feet to the the .southwesterly corner of those lands described as Easement 2E in Official Records Book 4893 at Pages 1148 through 1162 of the Public Records of Collier County, Florida; thence run North 01'33'51" East, along the westerly line of said described lands, a distance of 10.00 feet to the northwesterly corner of said described lands and the POINT OF BEGINNING. From the POINT OF BEGINNING run North 01'33'51" East, for a distance of 10.00 feet; thence run :south 88'26'09" East, for a distance of 238. 12 feet to its intersection with the westerly line of the 10 foot utility easement as shown on the Plot of Regent Park Replat, as recorded in Plat Book 14, ct Pages 57 and 58, of the Public Records of Collier County, Florida; thence run South 00'21'11" East, along the westerly line of said 10 foot utility easement, for a distance of 10.01 feet; thence run North 88'26'09" West, for a distance of 238.46 feet to the POINT OF BEGINNING. Containing 2,382.90 square feet or 0.055 acres more or less. Subject to easements, reservations and restrictions of record. . 1 YIN SKETCH & DESCRIPTION J� ;;<<�i' I 7 � `' ' ^. UTILITY EASEMENT, o = 10 REGENT PARK VILLAS II, a1 r ; t �, 2 COLLIER COUNTY, FLORIDA lr ' 1 AucT A LIMITED LIABILITY COMPANY MARCO SURVEYING & MAPPING CLIENT:l Johnson Engineering 3825 BECK BOULEVARD PROJECT 1 Regent Descriptions 725 #: P-034 SUB PROJECT: Re ent Park Sketch & Descri tions NAPLES, FLORIDA 34114 ORAF7ED BY DATE SCALE WO NUMBER SHEET! DRAWING NO. www2M ARCOSU cou RY 10/2013 1" = 100' 13-239 2 OF 2 1-023 J Exhibit "B" Easements and other matters affecting the land referred herein as shown on the Plat as recorded in Plat Book 14, Pages 40 and 41, of the Public Records of Collier County, Florida. Easements and other matters affecting the land referred herein as shown on the Plat as recorded in Plat Book 14. Pages 57 and 58, of the Public Records of Collier County, Florida. Covenants, conditions, easements and restrictions recorded in Official Records Book 1225. Page 511, of the Public Records of Collier County, Florida, together with all amendments thereto, which may provide for association dues, fees and/or assessments, in addition to any easements, reservations, covenants, building set back requirements, option to purchase, right of first refusal and any special assessments which may come due but omitting any such covenant or restriction based on race, color, religion, sex, familial status or national origin. Covenants, conditions, easements and restrictions recorded in Official Records Book 1419, Page 434, as amended in Official Records Book 1423, Page 1484, as amended in Official Records Book 1436, Page 1060, as amended in Official Records Book 1669, Page 1911, as amended in Official Records Book 2602, Page 1433, of the Public Records of Collier County, Florida, together with all amendments thereto, which may provide for association dues, fees and/or assessments, in addition to any easements, reservations, covenants, building set back requirements, option to purchase, right of first refusal and any special assessments which may come due but omitting any such covenant or restriction based on race, color, religion, sex, familial status or national origin. Deed for Sewer Lines as recorded in Official Records as recorded in Official Records Book 1232, Page 1240, and Corrected in Official Records Book 1306, Page 2138, of the Public Records of Collier County, Florida. Bill of Sale for Sewer Line as recorded in Official Records Book 1306. Paae 2135, of the Public Records of Collier County, Florida. Bill of Sale for Water Lines as recorded in Official Records Book 1306, Page 2126, of the Public Records of Collier County, Florida. Deed for Water Lines as recorded in Official Records Book 1306, Page 2129, of the Public Records of Collier County, Florida. Deed for Water Lines as recorded in Official Records Book 1324, Page 672, of the Public Records of Collier County, Florida. Bill of Sale for Water Lines as recorded in Official Records Book 1324, Page 669, of the Public Records of Collier County, Florida. Assignment of Developer's Rights as recorded in Official Records Book 1236, Page 2312, of the Public Records of Collier County, Florida. Easement in favor of Collier County, a Political subdivision of the State of Florida, as recorded in Official Records Book 1232, Page 1222, of the Public Records of Collier County, Florida. Collateral Assignment of Right to Collect Assessment and Assignment of Lien Rights, as recorded in Official Records Book 4468, Page 3097, of the Public Records of Collier County, Florida. Amended By-Laws as recorded in Official Records Book 4755, Page 1437, of the Public Records of Collier County, Florida. Judgment/Lien in favor of Greencare Landscape Services, Inc. and against Regent Park Villas II Association, Inc., recorded on 04/20/2005 in Official Records Book 3787, Page 1421, of the Public Records of Collier County, Florida. Riparian rights, rights of accretion, reliction, submerged lands or any other water rights of any nature whatsoever, are neither guaranteed nor insured, or the rights or interests of the State of Florida, or the public generally, in the area extending from the line of mean low tide to the line of vegetation, or rights of access thereto, or rights of easement along and across the same. Easement in favor of Collier County Water-Sewer District, as recorded in Official Records Book 4893, Page 1138, of the Public Records of Collier County, Florida, Easement in favor of Collier County Water-Sewer District, as recorded in Official Records Book 4893, Page 1154, of the Public Records of Collier County, Florida. CA ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's si•nature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County G}� Commissioners "� }� la%113 5. Minutes and Records Clerk of Court's Office 2-\t3 I 0 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one ofathe addressees above,may need to contact staff for additional or m' s1n�g information. Name of Primary Staff /J/a—/e — Phone Number Contact/ Department ?''fp I _ Agenda Date Item was , �� ttll�� Agenda Item Number �'� Approved by the BCC 'lc' /b.o) /c•e-c(1.)► Type of Document / !1 C ��h��'�r Number of Original Attached V/(! G Documents Attached Q`r---- Cpre:e-1:7r3►'i PO number or account V number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? �` 2. Does the document need to be sent to another agency for additional signatures? If yes, �J/^ provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. /T ,9 Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's n Office and all other parties except the BCC Chairman and the Clerk to the Board N/A The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. f', 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. // Some documents are time sensitive and require forwarding to Tallahassee within a certain A time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC ono -C.73" >t®Ate)and all changes made during the meeting have been incorporated in the attached document. The County Q1)4 Attorney's Office has reviewed the changes, if applicable. C.� Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the i.400 t G Chairman's signature. L ir,, I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12