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Lely Resort Reclaimed Infra.MEMORANDUM DATE: TO: FROM: RE: October 4, 2000 Maureen Kenyon, Supervisor, Clerk to Board Shirley Nix, Engineering Technician II ./~)// Project Plan Review Lely Resort Reclaimed Infrastructure Mains, Ph. 1,2 & 3 Water and/or Sewer Facilities Acceptance On ,~t~f_~y~ , 200~ The Board of County Commissioners granted f~al acceptance of The water and/or sewer facilities within the above-referenced project. Attached, please find the following recorded documents, in order: 1. Bill of Sale 2. (3) Utility Easements 3. Utilities Facilities Warranty Deed Also, please find attached the following documents for your files. o o o 10. 11. Owner's Affidavit Attorney's Affidavit Copy of preliminary approval letter from Engineering Review Engineer's final payment confirmation Certification of pressure testing of sewer and effluent lines by Engineer of Record 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 One copy of utility easement Memorandum to Maureen Kenyon, Supervisor, Clerk to Board October 4, 2000 Page Two If you have any questions, please call and advise accordingly. attachments doc:2094-2 Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 OFFICIAL RECEIPT :.? :~: '~. ~':"' i:? ,'-~? When Validated E L3 BRANCH OmCES: GOLDEN GATE :'77,1~9 GOLDEN GATE PARKWAY GREENTREE SHOPPING CENTER 2386 IMMOKALEE ROAD IMMOKALEE 101 S. FIRST STRE~ MARCO IS~ND 1~0 WINTERBERRY DRIVE EVERG~DES CI~ 207 BROADWAY AVENUE DE SCR I PT I ON RECORDING OF LEGAL ~, ...... ~,,~ P.R.M.T.F. REC:O~%DiNG FEE [u~u .E ~,H~:~ STAMPS AMOUNT DUE 129.00 I E. O0 2. ~C'. ~ TYP FiLE ID BOOK PAGE ~AL E ""' ' -"- .......~'"" -?'- 2689S26 2722 · ~T ' .."', .,:, ~¢ ~.,, -::: 'T' -:' 277'2 0707 :'T: R E C C: F:: D I N G TOTAL DUE: !-z ¥3 2689824 OR: 2722 PG: 0689 RECORDED in O~HCIAL RECORDS of COLLIER COUNTY, ~L 09/15/2000 at 01:25PM DWIGHT g. BROCK, CLERK Ragu: HOR3BSHOB D]IV~ ~I~ 5586 Bll~l~ OF SAI,E THIS BILL OF SALE evidencing the sale and conveyance of the effluent transmission and distribution lines and all normal appurtenances thereto described herein is made this ./<.,~ day of August, 2000, by LELY COMMUNITY DEVELOPMENT DISTRICT, a political subdivision of the State of Florida, 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 THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, hereinafter referred to as "Buyer". WlTNESSETH: That said Seller, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations to said Seller in hand paid by the said Buyer, the receipt and sufficiency 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 Buyer, and said Buyer's successors and assigns forever, all those certain effluent transmission facilities lying within the following described land, together with appurtenant easement necessary for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida, to-wit: See Exhibits "A" "B ....C" and "D" attached hereto and incorporated by reference herein OR: 2722 PG: 0690 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 effluent transmission 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. IN WITNESS WHEREOF, Seller has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presence off Writhess #1 _ jt:¥r'~-es . t~Oc~.4 "~.~i~.P ed~ or P~i~,t ~d0TM Witness #2~,~ _ ' ~' Typed or printed name LELY COMMUNITY DEVELOPMENT DISTRICT, a political subdivision of the State of Florida. MICHAEL itlUG~"~, as Charman of the Board of Supervisors STATE OF FLORIDA COUNTY OF COLLIER Q ThLforegoing Bill of Sale was acknowledged before me this day of ~.~3q- ,2000, by MICHAEL HUGHES, Chairman of the Board ~)~-S-~ppervisors of LELY' COMMUNITY DEVELOPMENT DISTRICT, a political subdivision of the State of Florida, on behalf of the Corporation, who is personally known to me Oype ~s Monti.fteaien and who--d/d (did not) take an oath. NOTE: If a type of identification is not inserted in the blank provided, then the person(s) executing this instrument was personally known to rtae. U~nless the parenthetical "did" is circled, the person(s) executing this instrument did nol.?~e ar~ath.~ ~ ~ My Commission Expires: 'l~t' ~' '~ - I "a;'"'¢' ' "' ~' This inst~ment prepared by: MICHAEL J. VOLPE, ESQUI~ LAW OFFICES OF MICHAEL J. VOLPE, J.D. 1400 Gulf Shore Blvd. Noah, Suite 218 Naples, Florida 34102 - 2 OR: 2722 PG: 0691 LEGAL DESCRIPTION All of the Right-of-Way of Lely Resort Phase Seven, and Lely Resort Phase Eight and lying within the Right-of-Way of Lely Resort Boulevard, Grand Lely Drive, Cherry Lake Drive and the Collier County Utility Easement over and across Tracts 11 and Tract GC-3 according to the Plat of Lely Resort Phase One, Plat Book 16 Pages 87 through 99 inclusive. "EXHIBIT A" 1'>: ..',-t hllLC-,UI II'IILLER c..,UR'l,lE'/ ?~IJ. 1~4~] I:~,l~l;-f2-~ P,I~-'O~ WILSON, MILLER, BARTON & PEEK, INC. WO~on Proimlon,.~ C_..~r~..r, Suite 2iX). J200 B~JJey ~c ~ Airport ~o~d. Lclsal De. set/pt/on being a pa~t of Trac~ 35-P, Palomino Village, Plat Book 23. pa4~e~s 35 through 38, m~d a part o1' Section 2g. Townslgp 50 SoutJL R~u~c 26 l~-ast. Collier Coumty, Florida CtJtJiJty F~s~_.~r~e~t t'or l~l~]uent Ma~n) All that part of Tract 35-P, accordinl$ to the plat of Palomino Village, Plat Book 123, p~e.s 3:$ through 38, and Illat part of'Section 28, Township $0 South. P. angc ;25 l!/a~t, Collier County, Florida being more particularly described as follows: Be~uning ~: ~ norl. hw~t comer or.aid Tract 35-P; thence along the northerly boundary of said Tract 35-P, said northerly boundary also bg/~g the southo'iy fight-of*way of Crowned Ealg!¢ L~ne, a~.ording to Ihe plax of said Palomino the follo~/~g four (4) de.scribed courses: 1) North 44°20"04' :Has~ 110.13 f~:t; 2) northeasterly 34.90 feet along the arc of a circular curve concave ~oulheasterly havin~ a radius c~' 125.00 f~ through a c~ntral an~le of 15°$9'52' and being s~btended by a chord wh/ch bears l~lort. h 52°20'00' :H~st 34.79 feet; 3) North 60°19'56' ~.~st 119.O4 4) ~a~terly 23.18 feet along the a~c era circular curve concave southerly havi~l~ a radius of 25.00 feet ~hrough a cenwal anF, ie of$3°07'4g# and being subi~nded by a ahord which bears lqorth 86°$3'50" ~a.st 2.2.36 fe~; th~nc,~ I~avh!E ~J~ norlh~ly boundary o/'said Tract 35-P, and lhe ril~,ht-of-way orsaid Crow~d ~t~le L~e along & non-tangential line South 60°19'56" West 139.04 feet4 r. henc, e southwesterly :12.1 1 f~ct along the arc of a circular ~urve ~oncave sou~heastcrly h~ving r~lius of 11 $.00 feet hkrough a cen£ral an~Je of` 15°$9'$2' and b¢in~ subtended by a chord which bea~s South 52°20'00# West 32.01 feet; · he..n~ ~ 44°20'04' W~,~ 111.56 feet to the boundary of said Tract th~nc~ leaving the boundary of said Tract 35-P, Sou~h 44°20'04" West 112.86 ~henc~ so~tJ~we~s~erly 40.49 fe~ along the ~rc afa circular curve concave nor~hwcst~ly h~vi~ a radials of 461/.00 feet through ~ central an~ie of 04°59'20' and being subtended by a chord which bea~ ~ourJa 4~°49'44# W~t 40.4:g ~ thenc~ along a non-I~gential line South 06°05'23" West 8.92 thence South 38°54'37' ~ 106.93 feet; thence South ~1°0fi'23~ West lfi.00 feet; thence North 38°$4'37'" West 123 oOg fc~t to the southerly fight-of-way of said Crownext thence along the southerly ribjar-of-way orsaid Crowned Easie Lane in the foilow/ng two (2) described courses: . 1) nor~h~a_sterl¥ 60.~2 feet along the are of a non-tangential circular curve ¢onc~v~ nor~hw~sr~ly having a radiu.~of455.00 feet through a central angle of 0?°3g'01'° and chord which b~ars 1Nlo~th 48°09'04"' ~st 60.51/f~t; 2) l'4or~h 44020'04" l=ast 114.30 feet to the Point of BeEirufinlg; Subje~:t to ~se. rnen~s ~ r~d-ictions of record. Bear/ogs.a~¢ assumed and based on the north line of`said Tract 35-P beb~g North 02°19'08" W¢~. ~c~stcr~ E~ncers ~d Land Su~eyors Not ~Ud u~c~ embossed wi~ the Profession~'s seal. O ReK 2C-919, Sheet 1, LMT W.O. #37041 "EXHIBIT BII "EXHIBIT i,l ! LC~0111'l ! LLER C~LIRUE',' Wil nMiller .c~41 OR': 643 66[R2 2722 PG: P. 04/0? 0694 Description of Part of Section 27, Township 50 South, Range 26 East, Collier County, Flodda County Utility Easement (C. IJ.E.) Commencing at the intersection of the centerline ol Wild Flower Way according to the plat of Lely Resort Phase Eight, as recorded Jn Plat Book 23, pages 33 and 34 and the westerly right- ol'-way of Lely Resort Boulevard, according to the plat of Lely Resort Phase One as recorded in Plat Book 16, pages 87 through 99, Public Records of Collier County, Florida; thence along said center line North 41'56'11" Wes[ 610.00 feet; thence leaving said center line North 48'03'49" East 150.00 feet; thence northerly 196.35 feet along the arc of a circular curve concave westerly having a radius of 200.00 feet through a central angle of 56°15'00" and being subtended by a chord which bears North 19°56'19" East 188.56 feet thence North 08'11'11" VVest 120.59 feet to the Point of Beginning; thence North 08°11'11' West 32.21 J'eet; thence North 36'48'49" East 136.49 feet; '- thence South 53~11'11" East 22.77 feet; thence South 36°48'49" West 159.26 feet to the Point of Beginning; Subject %p easements and restrictions of record. Bearings *are based on said centerline of Wild Flower Way being North 41°50'11" West Ce~ficate of authorization #LB-43. WilsonMiller. inc, Registered Engineers and Land Surveyors Re[ "--2C-1008, sheet I d~f I / Not valid unless embosse~e Prol'essional's seal. "EXHIBIT C" "EXHIBIT C" hi I, L'c,LII 11'11 LLbl--t OR' 2722 PG: p. ¢F_.~ 0'7 0696 Description of Part of Section 28. Township 50 South, Range 26 East, Collier Coun[y, Florida County Utility Easement (C.U.E.) Beginning at the northeast comer of Tract "C" according to the plat of Lely Resort Phase Seven as recorded in Plat Book 23, pages 30 through 32, Public Records of Collier County, Florida; thence along the north line of said Tract "C' North 88°39'00" West 2.04 feet; thence leaving said north line North 58'12'27" West 71.20 feet to a point of curvature and the boundary of said Lely Resort Phase Seven; thence continue along said boundary easterly 45.37 feet along the arc o1' a circular curve concave norther/y having a radius of 1350.00 feet through a central angle of 01°55'32" and being subtended by a chord which bears South 74~44'13" East 45.37 feet to a point of reverse curvature; thence continue along' said boundary southeasterly 34.49 feet along the arc of a circular curve concave southwesterly having a radius of 25.00 feet through a central angle of 79°02'59" and being subtended by a chord which bears South 36°10'30" East 31.82 feet to the Point of Beginning; Subject to easements and restricl~ons of record. Bearings,ere based on the north line o! said Tract "C" being North 86°39'00" West. Certificate of authorization #LB-43. WilsonMiller, inc. Registered Engineers and Land Surveyors Ref.~..,/20-1008, sheet 2 of 2~. /,/ . Not valid unless embossed with-fr~ Professional s seal. //./?- "EXHIBIT D" ~EXHIBIT ~1 ii ~1~1 I=/= ;I I I=_1,: 2689825 OR: 2722 PG: 0698 R~CORD~D in OFFICIAL HCORDS of COLLIER COUNTY, FL 09/15/2000 at 01:25PM DWIGHT E. BROCK, CLERK REC FEE 19.50 DOC-.70 .70 Retn: SHIRLEY NIX/HGINHRING REVIEW HORS~SHOB DRIV~ BXT 5586 UTILITY EASEMENT ASSOCIATED REAL ESTATE SOUTHWEST, INC., a Florida ~orpora{ion, as Grantor, to the LELY COMMUNITY DEVELOPMENT DISTRICT, its successors and assigns, and to the BOARD OF COUNTY COMMISSIONERS, 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 Grantees. WITNESSETH: That the Grantor for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and 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 effluent transmission facilities, in, on, over and under the following described lands being located in Collier County, Florida, to wit: See attached Exhibit "A" and Exhibit "B" (sketch to accompany legal description) attached hereto and made a part hereof. 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 effluent transmission 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. Signed, sealed and delivered Witness # 1 i~ness #2 ASSOCIATED REAL ESTATE SOUTHWEST, INC., a Florida Corporation 1%'~(~ ~ t t4~. Lt~:,...As Presid0~t "EXHIBIT C" OR: 2722 PG: 0699 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Effluen.t transmission Easement was sworn to and acknowledged before me this [C~ day of ~--~[~. , 2000, by ~. _a~'x0~' d~ ~/161~As President of ASSOCIATED REAL ESTAItE SOUTHWEST, INC.,(JaFlorida C~rporaffion on behalf of the Corporation, who~'-~personally known to rneD?)r who h,_~oduced (type of identification) as identification and who did did~_~take an oath. NOTE: If a type of identification is not inserted in the blank provided, then tee person(s) executing this instrument was personally known to me. If the words in the parenthetical "did not" are not circled, then the person(s) executing this instrument did take an oath. My Commission Expires: ? Signature (Type or print name of Notary) This instrument prepared by: MICHAEL J. ¥OLPE, ESQUIRE LAW OFFICES OF MICHAEL J. VOLPE, ,I.D. 1400 Gulf Shore Blvd. North, Suite 218 Naples, Florida 34102 .~,~i~_ ~%.., Ericka Evans Craig '~',~My Comrms,~on CC83831 ~."~..~ ~x~e~ ~v ~ e, 20o3 FE~-£9--2L~30 J. 5:3-4 I,d]L$1~Jl II,I]LLER ~JlJRL['/ 94:1. WILSON, MILLER, BARTON & PEEK, INC. ]~ngln,'~r5, Plm~ncrs~ Surveyors, ~ ,~hi~:t~, !:nvironrnent~l Consultmits d~ Col~ulx~on lvflu~a~s All that part off Tract 35-P, according to the plat of Palorrgno Village, Plat Book 23, p~ge.s through 38, and that part of Section 28, Township 50 South, Range 1~6 l~ast, Collier County, Florida being more particularly de.scribe~! as follows: Be~-~ing ax fi~ nor~w~st corner of said Trot 3 thenc~ alor~ r~he northerly boundary of said Tract 3:~-P, sa/d northerly boundary also being the south~qy riF, ht-of*~vay of Crown~ ~Ele L~n~, according to ~he plax of said Palomino V'~e~ in ~.hc following four (4) aleset/bed courses: 1) North 44°20~' ~ 110.13 feet; 2) northeasterly 34.90 feet a/or~ the a~ era circular curve c~oncave southeasterly havir~ a radius od' 125.00 f~t through a ~ ant~le of 15°59'52' a~d being subtended by a chord wh/ch bears 1NTorth $2°20'00= ~ast 34.79 3) North 60°1~'56' ~ast 119.04 4) easterly 23.18 feet along the ~rc era circula~ cur~e concave southerly having a radius feet thcou!~h a cenr. t~ an~Je of$3°074g' and being subtended by a chord which bem-~ ~Torth g6°$3'$0" E~st 22.36 feet; then~ leaving the north~ly boundary of said Tre~t 35-P, mxd the figJzt-of-way of said Crowned ~1¢ ~,ne ~1ong a non-zangenti~l line South 60°19'56' West 139.04 feet; thenee southxa~ste~y 32.11 feet along the arc era c~xgar cx~rve conr~ve southe~terly h~zvin$ a radius of 11:5.00 feet t~rough a cent~a/nn~Je of 15059'52' and being subtended by a chord which bears South $2°20'00' West 32.01 the South 440;20'04~ W~t 111.56 feet to the boundary ofsald Tract th~we leaving the boundary of said Tract 35-P, South 44°20'04" West 112.86 feet; thenr.~ southwe~t~l¥ 40.49 fe~t along the au'c o~& ,';rcular curve concave northwe.qt~ly ]~vinE a radius of 465.00 feet z~rough a centra~ angle of 04°$9'20' and being subtended.by a chord which be~s South 46°49'44~ We~t 40.4g feet thenc~ along a non-tangential line South 06°057~" West 8.92 feet; the~ee South 35°54'37" ~ast 106.93 fe~t; thenc~ South :51°05'23" West I:~.00 feet; thence North 38°54'37= West 123.0S fcct to the southerly right-of-way off said Crownell Lane; thence along the southerly righi-of-way orsaid Crowned ~agle Lane in the follow/ns two (2) described courses: 1) north~torly 60.6:Z fe~t alone the ar~ of a non-tangential circular curve c~nc~ve northw~srly having a radiu~of455.00 feet through a central angle of07°3g'01" and being subtended by a chord which boars l~lorth 48°09'04' ~ast 60.58 2) l~lorth 44020'04" I/ast 114.30 feet to the Point of Beginning; Subject to easements mxd r~,trictlons of record. Bear/ngs.~re assumcd and based on the north I/he of said Tract 35-P being l~lorth 02alg'0g" West. O 0 0 0 9e'lLSOl'~./vfrt ·-~:-R, BARTON & P~:F-K, XNC. ~.eg~stered Engineers and Land Surveyors Not valid urdess embossed with the Professiona/'s sea/. Reft 2C-919, Shee4 1, LMT " W.O. //37041 "EXHIBIT All e~q~ wo10101 ~ A'.~ple$ Fort A,]yers ~ar~ota .t *** OR: 2722 PG: 0701 "EXHIBIT B" 2689826 OR: 2722 PG: 0702 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, 09/15/2000 at 01:25PM DWIGM? E. BROCK, CLERK Retn: SHIRLEY NIX/ENGINEERING REVIEW HORSESHOE DRIVE DOC-.?0 .70 UTILITY EASEMENT THIS EASEMENT, granted this ~q'flq day of ~LL~ , 2000, by FLAMI_N_~Gy INVESTMENTS S.W., INC.,(a~/ASS-~-~ATED REAL ESTATE SOUTHWEST, INk,'., Florida Corporations, as Grantm~"~and LELY COMMUNITY DEVELOPMENT DISTRICT, its successors and assigns, and to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, as Grantees. WITNESSETH: That the Grantor for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and 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 effluent transmission facilities, in, on, over and under the following described lands being located in Collier County, Florida, to wit: See attached Exhibit "A" and Exhibit "B" (sketch to accompany legal description) attached hereto and made a part hereof. 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 effluent transmission 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. Signed, sealed and delivered in the~_t~resence of: T_~ved or prin~ame ~ . ;tn¢ss ~2 .~ , FLAMINGO INVESTMENTS S.W., INC. a Florida Corporation By: ~dF%r W~ ~ [41~f_., As President // "EXHIBIT B" OR: 2722 PG: 0703 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Utility Easement was sworn to and acknowledged before me this iq'~'lD day of ,~'~'i~[Q, IA , 2000, by~[(/l~iri(?[tle [C_.t~(~ As President of FLAMII~GO INVESTI~ENTs~ S.W., INC., a Florida ~(~rporhti0n, Oh-behalf of the Corporation, who is pers('"-~~-known to me~r who has produced (type of identification) as identification and who did ( i~ take an oath. NOTE: If a type of identification is not inserted in the blank provided, then the person(s) executing this instrument was personally known to me. If the words in the parenthetical "did not" are not circled, then the person(s) executing this instrument did take an oath. My Con-nnission Expires: ,,~,,,~, Ericka Evans Craig · k~.~.My Commission CC838311 %~.w~. Expires May 18, 2003 Si~na[u~'e~ ---'"'x- 0- (Type or print name of Notary) 0 Signed, sealed and delivered in the presence off Witness # 1 O .,~itness ~2 ASSOCIATED REAL ESTATE. SOUTHWEST, INC., a Florida Corporation ~v'~q.v~ r_}~ ik0JqO? As President OR: 2722 PG: 0704 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Utility Easement was sworn to and acknowledged before me this day of ,.~.~[.~_, 2000, by ~'](,Iyf14~(.'[ de j. anO As President of ASSOCIATED REAL ESTATE SOUIhrIWEST, INC.,' a Ft~)rida ~orporat~'n, on behalf of the Corporation, who is ('-~ersSnally lo~own to me_]pr who has produced (type of identification) as identification and who did i~___~ take an oath. NOTE: If a type of identification is not inserted in the blank provided, then the person(s) executing this instrmnent was personally known to me. If the words in the parenthetical "did not" are not circled, then the person(s) executing this instrument did take an oath. My Commission Expires: 4"."~' _~ Ericka E~a.s Craig %.w~ Expires M~ 18, 2~3 (Type or print name of No(.~ry) This instrument prepared by: MICHAEL ,l. VOLPE, ESQUIRE LAW OFFICES OF MICHAEL J. VOLPE, J.D. 1400 Gulf Shore Blvd. North, Suite 218 Naples, Florida 34102 I, IILSO111,1 [LLER SURUE'~' IftB nMiller 643 E~[32 P.O4/~F7 OR: 2722 PG: 0705 Description of Part of Section 27, Township 50 South, Range 26 East, Collier County, Rodde County UUlity Easement (C.U.E.) Commencing at the intersection of the centerline of Wild Flower Way according to the plat of Lely Resort Phase Eight, as recorded in PJat Book 23, pages 33 and 34 and the westerly right- of-way of Lely Resort Boulevard, according to the plat of Lely Resort Phase One as recorded in Plat Book 16, pages 87 through 99, Public Records of Collier County, Florida; thence along said center line North 41'56'11' West 610.00 feet; thence leaving said center line North 48'03'49' East 150.00 feet; thence northerly 196.35 feet along the arc of a circular curve concave westerly having a radius of 200.00 feet through a central angle of 56°15'00" and being subtended by a chord which beam North 19°56'19" East 188.56 feet thence North 08'11'11" West 120.59 feet to the Point of Beginning; thence North 08"11'11' West 32.:21 feet; thence North 38~48'49~ East 136.49 feet; '- thence South 53'11'11" East 22.77 feet; thence South 36°48'49" West 159.26 feet to the Point of Beginning; Subject/~ easements and restrictions of record. Bearings are based on said centerline of VViid Flower Way being North 41°56'11" WesL Certificate of authorization #LB-43. WdsonMiller, Inc. Registered Engineers and Land Surveyors Ref. "-'2C-1008, sheet I ~t,f 1 / , Not'valid unless embosse~e Professional s seal. "EXHIBIT A" OR: 2722 PG: 0706 "EXHIBIT 2689827 OR: 2722 PG: 0707 R~CORDED in OPFICIAL ~CORD$ of COLLIER COUNTY, PL 09/15/2000 at 01:25PM DWIGHT E, BROCK, CL~RK R~C ~ Ran: S~IRL~Y NIX/~NGINHRING D0¢-.70 19.50 ,70 UTILITY EASEMENT THIS EASEMENT, granted this I('~. day of ~T~t.~,M , 2000, by ASSOCIATED REAL ESTATE SOUTHWEST, INC., a Florida (~orpo~ation, as Grantor, to the LELY COMMUNITY DEVELOPMENT DISTRICT, its successors and assigns, and to the BOARD OF COUNTY COMMISSIONERS, 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 Grantees. W1TNESSETH: That the Grantor for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and 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 effluent transmission facilities, in, on, over and under the following described lands being located in Collier County, Florida, to wit: See attached Exhibit "A" and Exhibit "B" (sketch to accompany legal description) attached hereto and made a part hereoff 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 effluent transmission 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. Signed, sealed and delivered in the presence of: Witness # 1 TDrlled or print-¢.d name (~-t~ess-~2 ~'-,-, ASSOCIATED REAL ESTATE SOUTHWEST, INC., a Florida Corporation tVl~ror i~!f de koncd As President By: "EXHIBIT D" OR: 2722 PG: 0708 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Ef12uent transnfission Easement was sworn to ~md acknowledged before me this I~;~ day of D[L0~ , 2000, by~I~P.'~-r'J~_.l..D.~'I61A ~ As President of ASSOCIATED REAL ESTATE SOUTHWEST, INC., a Florida Corpo~t~n on behalf of the Corporation, wh~'~'"'personallv known f6 me_.,)or who has produced (type of identification) as identification and who did~-d no~take an oath. NOTE: If a type of identification is not inserted in the blank provided, then the person(s) executing this instrument was personally known to me. If the words in the parenthetical "did not" are not circled, then the person(s) executing this instrument did take an oath. My Commission Expires: (Type or print name of Notary)lJ This instrument prepared by: MICHAEL J. VOLPE, ESQUIRE LAW OFFICES OF MICHAEL ,I. VOLPE, J.D. 1400 Gulf Shore Blvd. North, Suite 218 Naples, Florida 34102 -ES-_~ 9-~000 : 36 ~,; I LSOI ~'! ! LLER SURUEY 941 643 OR: 2722 PG: 0709 Description of Part of Section 28, Township 50 South, Range 26 East, Collier County. Florida County Utility Easement (C.U.E.) Beginning at the northeast comer of Tract "C' according to the plat of Lely Resort Phase Seven as recorded in Plat Book 23, pages 30 through 32, Public Records of Celllet County, Florida; thence along the north line of said Tract "C' North 86°39'00" West 2.04 feet; thence leaving said north line North 58'12'27" West 71.20 feet to a point of curvature and the boundary of said Lely Resort Phase Seven; thence continue along said boundary eastarty 45.37 feet along the arc of a circular curve concave northerly having a radius of 1350.00 feet through a central angle of 01'55'32" and being subtended by a chord which bears South 74°44'13" East 45.37 feet to a point of reverse curvature; thence continue along'said boundary southeasterly 34.49 feet along the arc of a circular curve concave southwesterly having a radius of 25.00 feet through a central angle of 79~02'59" and being subtended by a chord which bears South 36°10'30" East 31.82 feet to I'l~e Point of Beginning; Subject to easements and restricfi6ns of record, Bearings-are based on the north line of said Tract "C" being North 86°39'00" West. Certificate of authorization #LB-43. WilsonMiller, Inc. Registered Engineers and Land Surveyors By:..j/h~/Maloney, p.S.M. ~3 '/} Date Ref,t,.,/2C-1008, sheet 2 of 2~, ~/ , Not. valid unless embossed with-fi~ Professional s seal. "EXHIBIT A" I I ! ! ! OR: 2722 PG: 0710 This instrument prepared by: MICHAEL J. VOLPE, ESQUIRE LAW OFFICES OF MICHAEL J. VOLPE, J.D. 1400 Gulf Shore Blvd. North, Suite 218 Naples, Florida 34102 2689828 OR: 2722 PG: 0711 RECORDED in OFFICIAL R~CORDS of COLLIER COUNTY, PL 09/15/2000 at 01:257M D~IGHT E, BROCK, CLERK D0¢-.?0 .70 HO~S~S~OB DRIV~ UTII,ITV FACII,ITIEg WARRANTY DEED THIS WARRANTY DEED, made and executed this //~ day ofdj~)~,~.~¥ ,2000 by LELY COMMUNITY DEVELOPMENT DISTRICT, a political subdivision of the State of Florida, 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, 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 considerations to said Grantor in hand paid by said Grantee, the receipt and sufficiency whereof is hereby acknowledged, does hereby grant, bargain, sell, release, convey and confirm unto said Grantee, all effluent transmission facilities, together with appurtenant easement rights for the operation, installation and maintenance of said facilities, lying within the following described lands located in Collier County, Florida, to-wit: See Exhibits "A ....B ....C" and "D" attached hereto and incorporated by reference herein. and said Grantor does hereby covenant with said Grantee that it is lawfully seized of said effluent transmission facilities in fee simple; that it has good and lawful authority to sell and convey said effluent transmission facilities; that it fully warrants the title to said effluent transmission facilities, and will defend the same against the lawful claims of all persons whomsoever and that said effluent - 1 - OR: 2722 PG: 0712 transmission facilities are free and clear of all encumbrances. For the purposes of this conveyance, the effluent transmission facilities conveyed herein shall not be deemed to convey any of the lands described above. Grantor and Grantee are used for singular or plural, as the context requires. (Whenever used herein the terms Grantor and Grantee shall include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations and/or partnerships.) IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name the date and year first above written. Signed, sealed and delivered in the presence of: //~/a~a/'3~,,;~ LELY COMMUNITY DEVELOPMENT Witness #1 ~ DISTRICT, a political subdivision of the State ~:~O~e-S (~, 90,,~ -( of Florida. MICHAEl, HU~I~I~, a~ ~hairman of the Wil[pqe s/~ o~ ';?~- I ~e Board of Superv,sors Typed or printed name STATE OF FLORIDA COUNTY OF COLLIER The foregoing Utility Facilities Warranty Deed was acknowledged before me by MICHAEL HUGHES, Chairman of the Board of Supervisors of LELY COMMUNITY DEVELOPMENT DISTRICT, a political subdivision of the State of Florida, on behalf of the Corporation, who is personally known to me or-~o hag-pmduued -- (tyima ~ ' 0-fie, afio~amt-vdao-did (did not) take an oath. NOTE: If a type of identification is not inserted in the blank provided, then the person(s) executing this instrument was personally known to me. Unless the parenthetical "did" is circled, the person(s) executing this instrument did not take an oath· Witness my hand and official seal this ! h, ix' day Of (~, ,2000. · /~ My Commission Expires: Slg_natur% t..~j I "T- ~]OI (vl, OA*--~ ! -J ]~.?:. ,,, a~,,'~}~.~rm (Type or print name of Notary) - 2 - OR: 2722 PG: 0713 LEGAL DESCRIPTION All of the Right-of-Way of Lely Resort Phase Seven, and Lely Resort Phase Eight and lying within the Right-of-Way of Lely Resort Boulevard, Grand Lely Drive, Cherry Lake Drive and the Collier County Utility Easement over and across Tracts 11 and Tract GC-3 according to the Plat of Lely Resort Phase One, Plat Book 16 Pages 87 through 99 inclusive. "EXHIBIT A" WILSON, MILLER, BARTON & PEEK, INC. ]F~.e:~, Plermc~r~ ..~urvcyor~, 'La~dsc~i~ Ar~..hiu~:t~, Environments/ Cons~ha~s ~: C~u'oc~ou ~aa~r~ Legal Deacr/pt/on bdai e part ofTtact 35-P, P~o~o V~ug~ Plat Book 23, p~ 35 ~ou~ 3S, mzd a pa~ of S~on 2g. To~p 50 $ouO~ Colh~ Co~, ~ofida ~fifi~ ~sm~t for E~uent All that part of Tra~t 35-P, according to the plat of Palomino Village, Plat Book 23, pallea th~-ough 38, and that part of Section 28, Township $0 South, i~ange 26 East, Collien' Counw, Flofid~ b~ng more p~icul~ly d~fib~ ~ follow~: th~ ~ong ~e ~e~ly bound~ of said Tract 3fi-P, ~d no~herly bounda~ ~so b~g ~~y fi~t-of*~y ofCro~ ~1~ L~ ~rd~ to ~e pl~ of~d P~o~o ~ ~ follo~ fo~ (4) d~bed 2) ~~tedy 34.90 feet ~ong the ore era c~cular cu~e con~vo ~ou~;~tcrXy hu~ a ~di~ ~ 125.00 ~ ~ou~ a ~n~ ~ of 15°5~'~2~ ~d b~ng ~bten~ by ~ ~ord be~ ~o~ fi2°20'00' ~t 34.79 3) No~ 6001~6' ~t 119.~ 4) ~terly 23.18 fc;t ~ong the ~c efta ch~ul~ cu~e ~ncave south~ly ha~g a radius f~t ~ou~ a ~ ~e ofifi3~0~4g~ ~d b~g sub~ded by a ~ord w~ be~ ~ 86°~3'~0" ~t ~.36 ~e ~e ~ong a non-~ngenfi~ line South 60°19'fi6~ West I39.~ r~ius of I l ~.00 f~t t~ou~ a c~M ~e of I~9'~2" and b~ing subtended ~ a chord w~ch be~ Sou~ 52~20'00' Wgst ~2.01 ~ ~ ~20'04~ W~ 1 ll.fi6 feet to ~e bounda~ oC~id T~t ~ l~ng the bounda~ of~d Trot 3S-P, fiou~ 44020'04" West 112.86 r~i~ of46fi.~ fo~t ~ou~ a ;~n~ ~ of04°~9'20~ ~d being subte~ded.by a chord w~ch b~ $ou~ ~°49'~" W~t 40.48 ~ ~ ~on8 a non-~g~ti~ !~ Sou~ 06~05~3" West 8.92 feet; ~ Sou~ 38~54'37' ~ 106.93 fe~t; then~ Sou~ 51°05~3" W~t 15.00 f~t; ~hm No~ 38~54'37' We~ t23.08 f~t w ~e ~u~erly fi~t-of-way of add Cro~ ~ ~ ~on8 ~e soundly fi~t~f-way oF~d Cro~ ~ ~e ~ the Collo~g ~o (2) d=s~bed ~urses: .- .. 1) no~h~rly 60.62 f~t ~ong ~ ~ otis non-t~enfi~ ~i~ cu~e ~on~ve no~w~ly ha~g a r~i~ of 455.00 fe~ t~ough a ~ntr~ ~gte of 07'38'0 t" ~d b~g subtended by ~d ~ b~s ~o~h 48~09'~' ~t 60.58 f~t; 2) ~o~h ~20'04" ~t 114.30 feet to the ~o~t Subj~t to ~~ ~ r~o~ ofr~rd. ~ea~n~.~e ~um~d ~d b~ed on th~ noah lir~e o~a~d Tract 35-P b~g No~ 02~19'08" We~. ~c~ater~ ~ineers ~d Land Su~eyors Not ~d u~ ;mboss~d ~i~ th~ Profess~on~'s se~l. l~.eK 2C-919, Sheet 1, L1VIT W.O. #37041 "EXHZBYT B" 0~tlql w 010101 ~.l,4~J ~N'ap/¢$ ,~ort Myers i OR: 2722 PG: 0715 'EXHIBIT ',I]L~.,0111'IILLER ?.,UP. UE',' WilspnMiller OR: 2722 PG: 07!6 Description of Part of Section 27, Township 50 South, Range 26 East, Collier County, Florida County UtJlity Easement (C.U.E.) Commencing at the intersection of the centerline of Wild Flower Way according to the plat of Lely Resort Phase Eight, as recorded in Plat Book 23, pages 33 and 34 and the westerly right- of-way of Lely Resort Boulevard, according to the plat of Lely Resort Phase One as recorded in Plat Book 16, pages 87 through 99, Public Records of Collier County, Florida; thence along said center line North 41'56'11" VVest 610.00 feet; thence leaving said center line North 48°03'49" East 150.00 feet; thence northerly 196.35 feet along the arc of a circular curve concave westedy having a radius of 200.00 feet through a central angle of 56'15'00" and being subtended by a chord which beam North 19'56'19" East 188.56 feet thence North 08'11'11" West 120.59 feet to the Point of Beginning; thence North 08°11'11' West 32.21 J'eet; thence North 36°46'49' East 136.49 feet; '- thence South 53'11'11" East 22.77 feet; thence South 36°48'49" West 159.26 feet to the Point of Beginning; Subject tp easements and restrictions of record. Beadrtgs are based on said centerline of Wild Flower Way being North 41~56'11" WesL Ce~ficate of authorization #LB-43. WilsonMiller, inc, Registered Engineers and Land Surveyors Ref. "~2C-1008, sheet 1 ~f I / Not'valid unless embosse~e Pr~l'essional's seal. //- "EXHIBIT C" "EXHTB'['T C" · OR: 2722 PG: 0718 Description of Part of Section 28. Township 50 South, Range 26 East, Collier County, Florida County Utility Easement (C.U.E.) Beginning at the northeast comer of Tract "C' according to the plat of Lely R.esort Phase Seven as recorded in Plat Book 23, pages 30 through 32, Public Records of Collie~ County, Florida; thence along the north line of said Tract "C' North 86°39'00" West 2.04 feet; thence leaving said north llne North 58°12'27" West 71.20 feet to a point of curvature and the boundary of said Lely Resort Phase Seven; thence continue along said boundary easterly 45.37 feet along the arc of a circular curve concave northerly having a radius of 1350,00 feet through a central angie of 01'55'32" and being subtended by a chord which bears South 74°44'13" East 45.37 feet to a point of reverse curvature; thence continue along .said boundary southeasterly 34.49 feet along the arc of a circular curve concave southwesterly having a radius of 25.00 feet through a central angle of 79~02'59" and being subtended by a chord which bears South 36°10'30" East 31.8;2 feet to [i~e Point of Beginning; Subject to easements and restrictions of record. Beadngs ,~re based on the north line o! said Tract "C" being North 86'39'00" West. Certificate of authorization #LB-43. WilsonMiller, inc. Registered Engineers and Land Surveyors Ref.[~/20-1008. sheet 2 of 2~ / , Not valid unless embossed with-tl~ Professional s seal, "EXHIBIT Naples ..~2OO Ba,~uv La,~. ~,t~ 2~20 Fort Myers Sarasota Bradeaton /',% / "EXHIBIT D" OWNER'S AFFIDAVIT On this ./(j't day of August, 2000, before me personally appeared MICHAEL HUGHES, as Chairman of the Board of Supervisors of LELY COMMUNITY DEVELOPMENT DISTRICT, a political subdivision of the State of Florida, owner of property to me personally known, (hereinafter "Affiant"), who, being duly sworn on his oath, did say that all of the 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 effluent transmission facilities located on the real property hereinafter described have been paid in full and that such work has been fully completed and accepted by the owner. Affiant further says that 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 effluent transmission facilities placed upon or installed in the aforesaid premises. Affiant further says that the effluent transmission 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. Affiant, as and on behalf of the Owner of the subject effluent transmission 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 Ex-Offlcio 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 effluent transmission facilities. Affiant is used as singular or plural, as the context requires. The effluent transmission facilities referred to herein are located within the real property described in the attached Exhibits "A" "B ....C" and "D". Signed, sealed and delivered in the presence of: w_~tness #1 ' e e~ rpi t dame Witness,#(~ [ ~,~ LELY COMMUNITY DEVELOPMENT DISTRICT, a political subdivision of the State of Florida. By: '~J'~'~f/L ~ MICHAEL I/IUG~S~ as C~l:i~airman of the Board of Supervisors STATE OF FLORIDA COUNTY OF COLLIER The foregoing Owner's Affidavit was sworn to and subscribed before me this I ~o day of August, 2000, by MICHAEL HUGHES, Chairman of the Board of Supervisors of LELY COMMUNITY DEVELOPMENT DISTRICT, a political subdivision of the State of Florida, on behalf of the Corporation, who is personally known to me or-who ,',,as produced ,-¢r ..... ,...,,.,.,-,,.,..,,.~ and who did (d4d-n~t) take an oath. NOTE: If a type of identification is not inserted in the blank provided, then the person(s) executing this instrument was personally known to me. Unless the parenthetical "did" is circled, the person(s) executing this instrument did not take ~oath. ~ My C;ymmission Expires: ~ il~&4~_j.q exvh~.s: m~m ~, ~o I[ (Type or print name of Nothry) MIC}!AEL J. VOLPE, ESQUIRE LAW OFFICES OF MIC}IAEL J. VOLPE, J.D. 1400 Gulf Shore Blvd. North, Suite 218 Naples, Florida 34102 - 2 - LEGAL DESCRIPTION All of the Right-of-Way of Lely Resort Phase Seven, and Lely Resort Phase Eight and lying within the Right-of-Way of Lely Resort Boulevard, Grand Lely Drive, Cherry Lake Drive and the Collier County Utility Easement over and across Tracts 11 and Tract GC-3 according to the Plat of Lely Resort Phase One, Plat Book 16 Pages 87 through 99 inclusive. "EXHIBIT A" .l.':.: ..LI I-,11LSuIII'IJLLER c_JJRUE',' 9--IJ. 64:] 6E-,612> WILSON, MILLER, BARTON & PEEK, INC. t::nglncm, Pl~nm. SurvtyorJ, l~udscapc Archimcca, !::nvironmcnti,d Constthants &: Comu'ucdoa ~tana~'ff..r.I LcSal Dcscrip6on being a part of'Traa 3S-P, Palomino Village, Plat Book 23, pages 315 through 38, ~nd a part of Section 2g, Township $0 South, l~e 126 Collier County, Florida (Utility Easement for ~-ffitlent All thai part of Trac~ 35-P, according to the plat of Palomino Village, Plat Book 23, pa~es 35 thJ'ough 38, and that parr of Section 28, Township 50 South, Range 26 East, Collier Councy, Florida bring more piu-cicularly dc~scribexJ as follows: ~ ~on& ~e no~edy bound~ o~said Tract 3~-P, s~d no~hcrly bounda~ ~so b~g ~c follows fo~ (4) d~bcd 1) No~ ~~' ~ 110.13 fro; 2) ~~ce~y 34.90 fcer ~on8 the a~ of · ckcular cu~o ~n~ve sou~c~tcrly hm~ a ~di~ ~ 125.00 f~ ~ou~ ~ ~ ~e of IS~9'~2' ~d b~n~ ~bten~ by a ~ord bc~ ~o~ ~°~0'0~ ~t 34.79 ~t; 3) ~o~ 60°1~56' ~t 119.~ f~ 4) c~rcrly ~3.1~ rccr ~ong thc m-c oEa chcul~ cu~c concave south~ly ha~ a radius ff~t ~ou~ a ~ ~e of53o0~4~' ~d b~ s~d~ by a ~ord w~ b~ ~ 86°53'50" ~ ~.3~ ~ 1~ ~ ~ly ~~ oecd Tr~ 3~*P, ~ the ~c*o~-~y o~d ~g ~ong a non-~ng~n~ line South ~0°19'~' West 139.~ fcc~ r~ius oE 11 ~.00 ~t ~ou~ a c~ ~e or 15~9'52" and being subtended by a chord w~ch bc~s Sou~ ~20'00' West 32.01 ~ ~u~ 440~0'04' W~ 111.~6 fcct to ~c bound~ o~id T~t th~ l~ng thg boun~ ofs~d Tr~r 3~-P, Sou~ 44°20'04" Wcs~ 11~.8~ radi~ o~4~S.~ feet ~ou~ a ccntr~ ~81~ of04°~9'10' ~d bgJng subreadgd.by a chogd bc~ ~o~t 4~°49'~' W~t ~0.45 ~ ~on8 a non-~s~d~ !~ Sou~ 0~°0~" W~t 8.92 fccc; ~ Sou~ 38°54'37' ~ 106.93 feet; thcn~ South 51°05~3" W~t 15.00 th~ ~o~ 38°~497' We~ 123.08 f~r ~ ~c ~u~crly ~r-of-way oEs~d Cro~ ~ dcs~bcd ~scs: ha~g a r~i~o~4$S.~ ~ l~ou~ ~ ~nrr~ ~glc of 07038'01" ~d b~g subtended by ~d w~ b~ ~o~h 48'09'~' ~t 60.58 ~) ~o~ ~°~0'04" ~t 114.30 fcct to the Po~ of Bc~mgng; Bca~.~c'~umcd ~d b~ on the no~b l~c o~s~d Tract 3~-P b~g No~, 02~19'08" Wg~. ~SON, ~ I ~ B~TON & P~' ~C. ~c~stcr~ ~n~ncers ~d Land .To..M/. Mai~)ncy, P. ~.M....~3 Nor valid urdc,~ embossed with the Professional's seal. Re£ 2C-919, She~t 1, LM'r W.O. #37041 - "EXHIBIT B" Fort Myers S~trt~ot~ Fax (113) P. 05- O? "EXHIBIT B" 5 IJ ! LSOI il'l I LLER E;URUE'/ WilsPnMiiler P. 04/0? Description of Part of Section 27, Township 50 South, Range 26 East, Collier County, Flodda County Utility Easement (C.U.E.) Commencing at the intersection of the centerline of Wild Flower Way according to the plat Lely Resort Phase Eight, as recorded in Plat Book 23, pages 33 and 34 and the westerly rlght- ohway of Lely Resort 13oulevard, according to lie plat of Lely Resort Phase One as recorded Jn Plat Book 16, pages a7 through 99, Public Records of Collier County, Florida; thence along said center line North 41'56'11' West 610.00 feet; thence leaving said center line North 48'03'49" East 150.00 feet; thence northerly 196.35 feet along the arc of a circular curve concave westoily having a radius of 200.00 feet through a central angle of 56°15'00" and being subtended by a chord which bears North 19°56'19" East 188.56 feet thence North 08°11'11" West 120.59 feet to the Point of Beginning; thence North 08°11'11' West 32.21 (eat; thence North 36°48'49' East 136.49 feet; " thence South 53'11'11" East 22.77 feet; thence South 36°48'49" West 159.26 feet to the Point of Beginning; Subject t~i. easements and restrictions of record. Bearings 'are based on said centerline of Wild Flower Way being North 41'56'11' WesL Certificate of authorization #LB-43. WilsonMiller', Inc, Registered Engineers and Land Surveyors Ref: '~-~C-1008, sheet I ~f 1 // Not valid unless embosse~e P'rofessionars seal, "EXHIBIT C" n,~.--~J~--2tJt-A] J. 5:35 WIg. SOl I'I1LI-ER SI. JRtJE'~' 5 "EXHIBIT C" mm mm mmmm mmmmm m P. OF_,.' Description of Part of Section 28. Township 50 South, Range 26 East, Collier County, Florida County Utility Easement (C.U.E.) Beginning at the northeast comer of Tract "C" according to the plal of Lely R.esort Phase Seven as recorded in Plat Book 23, pages 30 through 32, Public Records of Collier County, Flodda; thence along the north line of said Tract "C' North 88°39'00" West 2.04 feet; thence leaving said north line North 58~12'27" Wesl 71.20 feet to a point of curvature and the boundary of said Lely Resort Phase Seven; thence continue along said boundary easterly 45.37 feet along the arc of a circular curve concave northerly heving a radius of 1350.00 feet through a central angle of 01'55'32" and being subtended by a chord which bears South 74°44'13" East 45.37 feet to a point of reverse curvature; thence continue along~said boundary southeasterly 34.49 feet along the arc of a circular curve concave southwesterly having a radius of 25.00 [eet through a central angle of 79"02'59" and being subtended by a chord which bears South 36°10'30" East 31.82 feet to t'!{e Point of Beginning; Subject to easements and restrictions of record, Beadrigs ,~re based on the north line of said Tract "C" being North 86°39'00" West. Certificate of authorization #LB-43. WilsonMiller, inc. Registered Engineers and Land Surveyors Ref.~/2C-1008, sheet :2 ot 2~. // . Not valid unless embossed with"ff~ Professional s seal. "EXHTBTT B" "EXHIBIT D" TOTFL P.CY~ ATTORNEY'S AFFIDAVIT On t~ ~ d~y o,~ ~ l~ , ~0o0,,,~'o~ ~ p~,'~ona.y ~p.,~d ~.~.--.^,~L VOLPE, a licensed attomey authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number is 1400 Gulf Shore Boulevard North, Suite 218, Naples, Florida 34102, (941) 4307070 (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 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 effluent transmission facilities located within or upon the real property described in the attached Exhibits "A ....B ....C" and "D": which are incorporated herein by reference, said land being located in Collier County. 2. The Affiant has examined record title information to both the real and personal 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 property described in Exhibit "A:"and personal property described herein is LELY COMMUNITY DEVELOPMENT DISTRICT, a political subdivision of the State of Florida, (hereinafter "DISTRICT"); the record owner of the real property described in Exhibit "B" is FLAMINGO INVESTMENTS S.W., INC. a Florida Corporation, (hereinafter "FLAMINGO") and ASSOCIATED REAL ESTATE SOUTHWEST, INC., a Florida Corporation; (hereinafter "ASSOCIATED") the record owner of the real property described in Exhibit "C" is ASSOCIATED REAL ESTATE SOUTHWEST, INC., a Florida Corporation; and the record owner of the real property described in Exhibit "D" is ASSOCIATED REAL ESTATE SOUTHWEST, INC., a Florida Corporation. 4. I have examined the corporate records of the LELY COMMUNITY DEVELOPMENT DISTRICT and the Order of the Florida Land and Water Adjudicatory Commission of the State of Florida. ! also have examined the records of the Florida Secretary of State. The DISTRICT, FLAMINGO and ASSOCIATED are currently active within said State of jurisdiction and are currently authorized to do business in the State of Florida. MICHAEL HUGHES, Chairman of the Board of Supervisors of LELY COMMUNITY DEVELOPMENT DISTRICT, a political subdivision of the State of Florida, is authorized to execute the instruments on behalf of said DISTRICT in conjunction with the conveyance of the subject real and personal property which is unencumbered. FLAMINGO INVESTMENTS Additionally, MARGRIET DE LANGE, as President of both S.W., INC., and ASSOCIATED REAL ESTATE SOUTHWEST, INC. is authorized to execute the instruments on behalf of said corporate entities. 2 5. Affiant further states to the best of his knowledge the information contained in this Affidavit is true, correct and current as of the date th~ ~ffidl~vit is given. MICHAEL,,~ VOLPE STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this c:,Qc~g~' day of ~ ,2000, by MICHAEL J. VOLPE, who is personally known to me and he did take an oath. ~ .. , ~ T~ed, Phnted or Sloped Name~ My co~ss~on expires: This instrument prepared by: MICHAEL J. VOLPE, ESQUIRE LAW OFFICES OF MICHAEL J. VOLPE, J.D. 1400 Gulf Shore Blvd. North, Suite 218 Naples, Florida 34102 -3- COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION August 22, 2000 Planning Services Department 2800 North Horseshoe Drive Nap]es, Florida 34104 Joshua R. Evans Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane, #200 Naples, FL 34105 Re: Lely Resort Reclaimed Infrastructure Mains, Phases 1, 2 & 3 Dear Mr. Evans: 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 ~N~ Engineering Technician II Paul Mattausch, Water Director Diane Deoss, Public Works Phone (941) 403-2400 Fax (941) 643-6968 www. co.collier. fi.us WilsdnMiller New Directions In Planning, Design & Engineering June 23,2000 Ms. Shirley Nix Collier County Compliance Services 2400 N. Horseshoe Drive Naples, FL 34104 RE: Lely Effluent Turnover Engineer's Final Payment Confirmation Dear Shidey, This letter is to certify that Lely does not owe WilsonMiller, Inc., fees related to the Lely Effluent System. This letter represents confirmation that the Developer has completed all final payments in reference to this Project. Please call this office should you require further information. Sincerely, WilsonMiller, Inc. Joshua R. Evans, E.I. Project Engineer Bob Casey, Collier County Steve Means, WilsonMiller, Inc. Naples Fort Myers Sarasota Bradenton Tampa 3200 f~ailey Lane, Suite 200 Nap/es, Florida 34105-8507 941-649-4040 ~ 941-643-5716 www. wilsonmiller. corn W/IsonMil/er, lnc -- FL Lic # LC-COO0f70 WILSON · MILLER · BARTON & PEEK, INC. 75g~ ~Z % I0. oo HYDROSTATIC TEST REPORT Type of Main w.o. # 36 35 Plan File ~:~ Supt.. Field Date of Test The computed allowable leakage for the test section is (calculations attached) The maintained test pressure for the test duration was'(~, ~ ~ psi. Gal. Hr. The measured leakage during t~e test was The duration of the test was Hrs. Gal. The measured leakage was Gal. Hr. The method of measurement was Meter Calibrated Dram ~( The hydrostatic test for this section meets ()~. does not meet the allowable leakage. WILSON, MILLER, BARTON & PEEK, INC. By: ~3~ /~~ Date: Field,Representative 12,t2/94-00110036.BKY WILSON · MILLER · BARTON & PEEK, INC. HYDROSTATIC TEST REPORT 4oozX Type of Main /(,," E-F'f:'I~t:~IT /) :At';/ Plan File Field Rep. .~e~ 34 M /~/c.. !%-< ,L Date of Test The computed allowable leakage for the test section is (calculations attached),~. ~ 7 Gal. Hr. The maintained test pressure for the test duration was psi. The measured leakage during the test was Gal. The duration of the test was Hrs. The measured leakage was 63, Od) Gal. Hr. The method of measurement was Meter Calibrated Drum The hydrostatic test for this section meets "~ does not meet the allowable leakage. WILSON, MILLER, BARTON & PEEK, INC. By: do'/?:' / / ," ~ ~/"~-d~ Field/Representative Date: 12t2/94-O0t 10036.BKY WILSON · MILLER ® BARTON & PEEK, INC. J,.-- 4-7z ~, l ?~?c/Z.,z5 HYDROSTATIC TEST REPORT Type of Main w.o. $co / Plan File Field Rep. .JotaeO /'/4c.- ~ Date of Test 7- Z Z --.f~. The computed allowable leakage for the test section is (calculations attached) 7_. Gal. Hr. The maintained test pressure for the test duration was The measured leakage during ffl~.te. st was The duration of the test was '7_- Hrs. Gal. psi. The measured leakage was Gal. Hr. The method of measurement was Meter Calibrated Drum ,x The hydrostatic test for this section meets ~ does not meet the allowable leakage. WILSON, MILLER, BARTON & PEEK, INC. By: ~~1 ~(~~ Date: FieldRepresentative 12/2/94q30110036.BKY Jun 28, 2000 09:00 Page: 2 0100-010-07-El Item// Description Wilson, Miller, Barton & Peek Opinion of Probable Cost Lely Effluent Mains Estimated Quantity Unit Unit-Price Amount 9000 16" PVC water main (C-900, Class 200) 546 12" PVC water main (C-900, Class 200) 479 12" Gate valve with box 9001 12" x 16" Reducer 9002 12" 90 degree bend 480 16" Gate valve with box 3,289.00 4,049. O0 5.00 4.00 3.00 5.00 LF LF EA EA EA EA $29.00 $24.00 $850.00 $1oo. oo $1oo.00 $1,ooo. oo $95,381.00 $97,176.00 $4,250.00 $400.00 $300.00 $5,000.00 Total $202,507.00 WilsOnMiller New Directions/n Planning7, Design & Engineering April 14, 1999 Mr. Thomas Kuck, P.E. Project Plan Review Collier County Development Services Center 2800 North Horseshoe Drive Naples, FL 34104 SUBJECT: Lely Resorts Effluent Transmission Main Utility Dedication Engineer"s Certification Dear Mr. Kuck: Please accept this letter as representation that in our professional judgment and to the best of our knowledge and belief the effluent distribution system as listed below for Lely Resorts has been completed in substantial accordance with the plans (WM File Numbers; SS-150, D-758, D-680) and specifications approved by Collier County Engineering Review Services. Furthermore, to the best of our knowledge and belief the subject effluent facility has been constructed by the contractor within the public right-of-way, dedicated easements, or easements to be dedicated with this Utility Dedication. Please contact me should you have any questions regarding this matter. Sincerely, WilsonMiller, Inc. Stephen A. Means, P.E. Senior Vice President Engineer's signature and seal 4/14/0046480 Ver: Ol r-DHURST cA usa N01004) 10-007-ECDD-22646 Naples Fort I~lyors Sarasota Bradenton Tampa 3200 Ba//ey Lane, $u//e 200 Nap/es, F/orida 34105-8507 941-649-4040 ~ 941-643-5716 www. wilsonmiller. corn WiisdnMiiler New Directions In P/anning, Design & Engineen'ng Description of Part of Section 28, Township 50 South, Range 26 East, Collier County, Florida County Utility Easement (C.U.E.) Beginning at the northeast corner of Tract "C" according to the plat of Lely Resort Phase Seven as recorded in Plat Book 23, pages 30 through 32, Public Records of Collier County, Florida; thence along the north line of said Tract "C" North 86039'00" West 2.04 feet; thence leaving said north line North 58012'27" West 71.20 feet to a point of curvature and the boundary of said Lely Resort Phase Seven; thence continue along said boundary easterly 45.37 feet along the arc of a circular curve concave northerly having a radius of 1350.00 feet through a central angle of 01°55'32" and being subtended by a chord which bears South 74°44'13" East 45.37 feet to a point of reverse curvature; thence continue along said boundary southeasterly 34.49 feet along the arc of a circular curve concave southwesterly having a radius of 25.00 feet through a central angle of 79002'59" and being subtended by a chord which bears South 36010'30" East 31.82 feet to the Point of Beginning; Subject to easements and restrictions of record. Bearings are based on the north line of said Tract "C" being North 86039'00" West. Certificate of authorization #LB-43. WilsonMiller, Inc. Registered Engineers and Land Surveyors By: Date ?/~hn¢ Mal°neY, P.S.M. ¢93/ Ref.~,,/2C-1008, sheet 2 of 2~k .~ , Not valid unless embossed with-th'e Professional s seal. Nap/es Fort Myers Sarasota Bradenton Tampa 3200 Bailey Lane, Suite 200 Nap/fz,s. /:tor/da .'~,1105 8507 941-649-4040 ~ 941-643-5Z16 ~w. wilsonmille~ corn LEL~ ~IG~ BLYD- LELY RESORI pHASE SEVE~ RESORi ?~ASE SE'~E~ L2E~ DR A I N AGE E ASEI'IE~~.----- WilsdnMiller New Directions In Planning, Design & Engineering Description of Part of Section 27, Township 50 South, Range 26 East, Collier County, Florida County Utility Easement (C.U.E.) Commencing at the intersection of the centerline of Wild Flower Way according to the plat of Lely Resort Phase Eight, as recorded in Plat Book 23, pages 33 and 34 and the westerly right- of-way of Lely Resort Boulevard, according to the plat of Lely Resort Phase One as recorded in Plat Book 16, pages 87 through 99, Public Records of Collier County, Florida; thence along said center line North 41°56'11" West 610.00 feet; thence leaving said center line North 48°03'49" East 150.00 feet; thence northerly 196.35 feet along the arc of a circular curve concave westerly having a radius of 200.00 feet through a central angle of 56°15'00" and being subtended by a chord which bears North 19°56'19" East 188.56 feet thence North 08°11'11" West 120.59 feet to the Point of Beginning; thence North 08°11'11" West 32.21 feet; thence North 36°48'49" East 136.49 feet; thence South 53°11'11" East 22.77 feet; thence South 36°48'49" West 159.26 feet to the Point of Beginning; Subject to easements and restrictions of record. Bearings are based on said centerline of Wild Flower Way being North 41°56'11" West. Certificate of authorization #LB-43. WilsonMiller, Inc. Registered Engineers and Land Surveyors J¢? Malo~ley, P.S.~'4'491 Ref. "-'2C-1008, sheet 1 d~ I ,/ Not valid unless embosse i~e Professional's seal. //./~- Naples Fort Myers Sarasota Bradenton Tampa 3200 Bailey Lane. Suite 200 Naples. Flor~da J4 I05 8507 941-649-4040 ~ 941-643-5716 www. wilsonmit/er. © 0 O~ WILSON, MILLER, BARTON & PEEK, INC. Engineers, Planners, Surveyors, Landscape Architects, Environmental Consultants & Construction Managers Wilson Professional Center, Suite 200, 3200 Bailey Lane at Airport Road, Naples, Florida 33942 · (813) 649-4040 Fax (813) 643-5716 Legal Description being a part of Tract 35-P, Palomino Village, Plat Book 23, pages 35 through 38, and a part of Section 28, Township 50 South, Range 26 East, Collier County, Florida (Utility Easement for Effluent Main) thence thence Lane; All that part of Tract 35-P, according to the plat of Palomino Village, Plat Book 23, pages 35 through 38, and that part of Section 28, Township 50 South, Range 26 East, Collier County, Florida being more particularly described as follows: Beginning at the northwest comer of said Tract 35-P; thence along the northerly boundary of said Tract 35-P, said northerly boundary also being the southerly right-of-way of Crowned Eagle Lane, according to the plat of said Palomino Village, in the following four (4) described courses: 1) North 44020'04" East 110.13 feet; 2) northeasterly 34.90 feet along the are of a circular curve concave southeasterly having a radius of 125.00 feet through a central angle of 15059'52" and being subtended by a chord which bears North 52020'00" East 34.79 feet; 3) North 60019'56" East 119.04 feet; 4) easterly 23.18 feet along the arc of a circular curve concave southerly having a radius of 25.00 feet through a central angle of 53007'48" and being subtended by a chord which bears North 86053'50" East 22.36 feet; thence leaving the northerly boundary of said Tract 35-P, and the right-of-way of said Crowned Eagle Lane along a non-tangential line South 60°19'56" West 139.04 feet; thence southwesterly 32.11 feet along the are of a circular curve concave southeasterly having a radius of 115.00 feet through a central angle of 15059'52" and being subtended by a chord which bears South 52020'00" West 32.01 feet; thence South 44020'04" West 111.56 feet to the boundary of said Tract 35-P; thence leaving the boundary of said Tract 35-P, South 44020'04" West 112.86 feet; thence southwesterly 40.49 feet along the arc of a circular curve concave northwesterly having a radius of 465.00 feet through a central angle of 04°59'20" and being subtended,by a chord which bears South 46049'44" West 40.48 feet thence along a non-tangential line South 06°05'23" West 8.92 feet; thence South 38054'37" East 106.93 feet; South 51005'23" West 15.00 feet; North 38054'37" West 123.08 feet to the southerly right-of-way of said Crowned Eagle thence along the southerly right-of-way of said Crowned Eagle Lane in the following two (2) described courses: 1) northeasterly 60.62 feet along the arc of a non-tangential circular curve concave northwesterly having a radius~of455.00 feet through a central angle of 07°38'01" and being subtended by a chord which bears North 48°09'04" East 60.58 feet; 2) North 44o20'04" East 114.30 feet to the Point of Beginning; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Tract 35-P being North 02o19'08" West. WILSON, MII.LER, BARTON & PEEK, INC. Registered Engineers and Land Surveyors By:(~//~? ~~ Date John,~. Maloney, P.S.M. ~3 Not valid unless embossed with the Professional's seal. Ref. 2C-919, Sheet 1, LMT W.O. #37041 6/3/96 W 01010173.MRS 1-0101-00-SLGL Naples Fort Myers Sarasota (813) 6494040 (813) 939-1020 (813) 371-3690 Fax (813) 643-5716 Fax (813) 939-7479 Fax (813) 377-9852 ,®