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Fiddler's Creek/Ph 1-B, U-2MEMORANDUM DATE: TO: FROM: RE: January 27, 1998 Maureen Kenyon, Supervisor, Clerk to Board Shirley Nix, Engineering Technician IL.~ Project Plan Review Fiddler's Creek, Phase I-B, Unit Two Water and Sewer Facilities Acceptance On J~~ ~ ~ , '~9~Z~O~ The Board of County Commissioners granted fid acceptance o~ the water and sewer facilities within the above-referenced project. Attached, please find the following recorded documents, in order: 1. Bill of Sale Utilities Facilities Warranty Deed Assignment Agreement Also, please find attached the following documents for your files. o 5. 6. 7. 10. 11. 12. Assignment of Reservations Affidavit Attorney's Affidavit Copy of preliminary approval letter(s) from Engineering Review Memo from Kuck/response from Newman regarding risers Certification of pressure testing of water lines by Engineer of Record Certification of pressure testing of sewer force mains Engineer of Record Bacteriological clearances (DER certification) for water facilities DER Placement-in-Service letter for sewer facilities Memorandum to Maureen Kenyon, Supervisor Clerk to Board January 27, 1998 ' Page Two 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Contractor's Final Release of Lien Lab results on bacteriological test for water lines Certification concerning contributions-in-aid of any construction Verification of final cost (Detailed: quantities, sizes, unit cost, total cost, etc.) Letter by Engineer certifying that all water and/or sewer facilities are located within the public right-of-way or dedicated easements Contractual Guarantee for material and workmanship for a period of at least one year after the Board of County Commissioners, acceptance for both water and sewer facilities Payment of water usage, laboratory and administrative charges for filling, flushing and bacteriologically certifying water lines from invoice prepared by the Utilities Division Letter from fire district regarding ownership and maintenance of fire hydrants and certification of field fire flow capacity testing Certification of the inflow/infiltration test for the sewer lines by Engineer of Record Electrical Contractor's certification on Pump Station electric service wire sizing and voltage drop, pursuant to National Electrical Code specification Copy of pump station start-up report Copy of video tape test report Letter from Compliance Services section certifying that the final inspection reveals that the Utility facilities have been constructed in accordance with County ordinances and regulations Memorandum to Maureen Kenyon, Supervisor, Clerk to Board January 27, 1998 Page Three 26. 27. 28. Sketch and description of utility easements One copy of the recorded plat One set of record drawings, signed and sealed by the Engineer of Record If you have any questions, please call and advise accordingly. /sn 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 BRANCH OFFICES: GOLDEN GA]'E 4839 GOLDEN GATE PARKWAY GREENTREE SHOPPING CENTER 2386 IMMOKALEE ROAD IMMOKALEE 101 S. FIRST STREET MARCO ISLAND 1040 WINTERBERRY DRIVE BY: RE'CE[PT: 25;91742 PAYOR: REF: BCC #113-138312-649030 ENGINEERING REVIEW LP: 3 DOCUMENTS DOC TYP FILE ID BOOK PAGE B SALE 2272995 2383 0868 DEED 2272996 2383 0879 ASSIGN 2272997 2383 0890 OFFICIAL RECEIPT When Validated DESCRIPTION AMOUNT DUE P.R.M.T.F. RECORDING FEE 21.00 DOCUMENTARY STAMPS - 70 .70 DEPT: RECORDING TOTAL DUE: 180.70 22?2995 OR: 2383 PG: 0868 UCOIDIID lB OL~ICIAL RECORDS 01/27/98 at 10:3?AN DI~IGHT I. BROCK, CLI]ll UC Fll 51,00 Retn: IIGIIIIRIIG P, IVIIir SIIVICBS SHIllLI! llll lit BILL OF SALE THIS BILL OF SALE evidencing the sale and conveyance of the utility facilities described herein is executed as of the~day of ~-~-~[~.~. , 1997 by the FIDDLER'S CREEK COMMUNITY DEvELO~MENT~ISTRICT (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"). W I T N E S S E TH: That said Seller, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Seller in hand paid by the said Buyer, receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the Buyer, and the Buyer's heirs, successors and assigns forever, all those certain water and sewer utility facilities lying within the following described land, together with any appurtenant easement rights of Seller for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful owner of the said goods and chattels herein referred to as water and sewer utility facilities; that said goods and chattels are free from all liens and encumbrances; that it has good right, title and authority to sell same, and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoever. Seller and Buyer are used for singular and plural, as the context requires. FiddLers\Utility\Unit2 1B\BCCIBi[ Sat Phase lB, Unl ' ' IN WITNESS WHEREOF, SELLER has caused these presents to be executed the date and year first above written. Attest: rt Woodward, Ass~. Secretary STATE OF FLORIDA COUNTY OF COLLIER SELLER: FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT By: Clifford 01son Its Vice Chairman The foregoing Bill of Sale was acknowledged before me by Clifford 01son , as Vice Chairman of the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, on behalf of the Fiddler's Creek Community Development District who is personally known to me and who did not take an oath. WITNESS my hand and official seal thi day of .~t~) , 1997 . .. t~ ota~y Pub~ ~ ,, ?.~ r. Print Name ~~f¥~ ~(,~~ ~j My Commission kxpire~: Prepared by: Anthony p. Pires, Jr. Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 640 Naples, Florida 34108 F~dd[ers\Ut~{~t¥\Un~t2.18\BCC-Si[.$a[ Phase 18, Unit 2 OR: 2383 P(~: 0870 EXHIBIT "A" Tract R and all C.U.E.'s as recorded on thf/plat of Fiddler's Creek, Phase lB, Unit Two, Plat Book ~__ ~, Pages /t _ '7 , of the Public Records of Collier County, Florida. ' - ' ' \~Hma_715\WP\1993\93132\WTC\exa 1 bu270716.doc 0 o cE] o "-a '"a o o z z --t "--I z ~' z -4 Z~ZZZ ~mm~ ~0~ ~0~ m C~ · O~ ~r- Itl, a, ~ r'n Oc.- ~.._'-c~ "n' ;~m - ~ I~ '~ ~ m ~-j, ::uo - p m u~ OCO 0 ;~ z ~PZ~8~e~zz~ol~cz~o ~0~ ~mmO ~ ~©~ --m : ' : : :~ ~U~mm~>mmmmm%c Z~O00--~ ~__>Zo~C>o .,_~CC ~S ~oooo~~ Oooo>H~~ ~"mmm~:~"r~Ommmm~ ~m~O O~ ~> Z~ . .,mm, ,~ ~o~mm~~m ~ ~",..~¢ >oz ~m~m~m~mU>O~m~ m~ ? O~ ~ m~ ~©mm ~-...,.. ~m~jo~=~ ~ --m % m~O ~ ~ ~ ~ ~~ O~/ O~K ~0 mmm©m m~ ~mmmO I Z--~' 0 ~ > 0 0 Z om;u r-.- Ix.) m .~ c~ r'- ~___-o m [u 0 C '--I ";:~ Z~ mO o~ ;:]3 rtl Cr~ 0 C _-----I 0 Z EXHIBIT" ~ " Preserving and enhancing Florida's quafity of life since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS HMA PROJECT #93.132X JULY 28. 1997 REF. DWG. B-2104 PAGE 1 OF 2 A 15.00 FOOT WIDE STRIP OF LAND LOCATED IN A PORTION OF SECTIONS 14 AND 23, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHEASTERLY CORNER OF TRACT U-l, OF FIDDLER'S CREEK PHASE lB, UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 35 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S. 74"51 '50" W., ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT U-l, FOR A DISTANCE OF 30.00 FEET; THENCE DEPARTING THE BOUNDARY OF SAID TRACT U-l, RUN S. 12016'25'' E. FOR A DISTANCE OF 8.01 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE HEREIN DESCRIBED; THENCE RUN N. 74°51'50" E. FOR A DISTANCE OF 260.68 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 04°07'52", SUBTENDED BY A CHORD OF 69.06 FEET AT A BEARING OF N. 72°47'54" E., FOR A DISTANCE OF 69.07 FEET TO THE END OF SAID CURVE; THENCE RUN N. 20022'44" W. FOR A DISTANCE OF 53.36 FEET; THENCE RUN S. 20°22'44" E., FOR A DISTANCE OF 53.36 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 19016'02" W. A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 19°18'06", SUBTENDED BY A CHORD OF 321.21 FEET AT A BEARING OF N. 61°04'55" E., FOR A DISTANCE OF 322.73 FEET TO THE END OF SAID CURVE; THENCE RUN N. 34°25'42" E. FOR A DISTANCE OF 13.96 FEET; THENCE RUN N. 49"25'42" E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 64°25'42'' E. FOR A DISTANCE OF 13.96 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 42°34'29" W. A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF THE SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 17°54'44", SUBTENDED BY A CHORD OF 298.28 FEET AT A BEARING OF N. 38°28'10" E., FOR A DISTANCE OF 299.50 FEET TO THE END OF SAID CURVE; THENCE RUN N. 60°29'12" W. FOR A DISTANCE OF 41.30 FEET; THENCE RUN S. 60°29'12" E. FOR A DISTANCE OF 41.30 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 60°29'12'' W. A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 09"40'11", SUBTENDED BY A CHORD OF 161.49 FEET AT A BEARING OF N. 24°40'42" E., FOR A DISTANCE OF 161.68 FEET TO THE END OF SAID CURVE; THENCE RUN N. 19"50'37" E. FOR A DISTANCE OF 147.02 FEET; THENCE RUN N. 04°50'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19°50'37'' E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 34°50'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19°50'37" E. FOR A DISTANCE OF 72.23 FEET; THENCE RUN N. 04°50'37'' E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19050'37'' E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 34050'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19050'37'' E. FOR A DISTANCE OF 91.93 FEET; THENCE RUN N. 70009'23'' W. FOR A DISTANCE OF 41.93 FEET; THENCE RUN S. 70009'23'' E. FOR A DISTANCE OF 41.93 FEET; THENCE RUN N. 19°50'37'' E. FOR A DISTANCE OF 194.14 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF THE SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 10550 ABERNATHY STREET BONITA SPRINGS FLORIDA 3413.~ 941-,~}92 0795 FAX 941 992 2327 HMA PROJECT #93.132X JULY 28, 1997 REF. DWG. B-2104 PAGE 2 OF 2 FEET, THROUGH A CENTRAL ANGLE OF 00°52'14", SUBTENDED BY A CHORD OF 60.66 FEET AT A BEARING OF N. 20°16'44'' E., FOR A DISTANCE OF 60.66 FEET TO THE END OF SAID CURVE; THENCE RUN N. 05°36'31" E. FOR A DISTANCE OF 18.36 FEET; THENCE RUN N. 20°36'31' E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 35°36'31' E. FOR A DISTANCE OF 21.94 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S. 68°09'11" E. A DISTANCE OF 3992.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 FEET, THROUGH A CENTRAL ANGLE OF 05033'35", SUBTENDED BY A CHORD OF 387.21 FEET AT A BEARING OF N. 24037'37" E., FOR A DISTANCE OF 387.36 FEET TO THE END OF SAID CURVE; THENCE RUN N. 12051'40" E. FOR A DISTANCE OF 12.08 FEET; THENCE RUN N. 27°51'40" E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 42°51 '40" E. FOR A DISTANCE OF 12.08 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S. 61 °41'04" E. A DISTANCE OF 3992.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF THE SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 FEET, THROUGH A CENTRAL ANGLE OF 02°42'51", SUBTENDED BY A CHORD OF 189.10 FEET AT A BEARING OF N. 29°40'22" E., FOR A DISTANCE OF 189.11 FEET TO THE END OF SAID CURVE; THENCE RUN N. 31°01'48" E. FOR A DISTANCE OF 18.08 FEET TO THE END OF SAID CENTERLINE; CONTAINING 0.939 ACRE, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE SOUTHERLY BOUNDARY OF TRACT U-l, OF FIDDLER'S CREEK PHASE lB, UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 35 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S. 74°51 '50" W. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 P.S.M. #5628 STATE OF FLORIDA OR: 2383 PG: 0874 OR: 2383 PG: 0875 Z~Z 0 om O0 · O0 OR: 2383 PG: 0876 Preserving and enhancing Florida's quafity of life since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS PROJECT HMA # 93.132 REF. DWG. # B-2102-1 SEPTEMBER 17, 1997 PAGE 1 OF 2 LEGAL DESCRIPTION: A PORTION OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND A PORTION OF CHAMPIONSHIP DRIVE OF MARCO SHORES UNIT 30 GOLF COURSE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF SECTION 15,TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.00°18'41"E., ALONG THE WEST LINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 15, FOR A DISTANCE OF 1342.90 FEET; THENCE DEPARTING THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 15, RUN S.89°41'19"E., FOR A DISTANCE OF 43.55 FEET, TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.45°18'43"E., FOR A DISTANCE OF 17.54 FEET; THENCE RUN S.89°13'35"F~, FOR A DISTANCE OF 51.76 FEET; THENCE RUN N.88°28'59"E., FOR A DISTANCE OF 75.06 FEET; THENCE RUN S.89°13'35"E., FOR A DISTANCE OF 46.88 FEET; THENCE RUN S.70°44'05"E., FOR A DISTANCE OF 103.24 FEET; THENCE RUN S.46°14'05"E., FOR A DISTANCE OF 76.39 FEET; THENCE RUN S.66°44'05"E., FOR A DISTANCE OF 60.55 FEET; THENCE RUN S.89°13'35"E., FOR A DISTANCE OF 151.26 FEET; THENCE RUN N.68°15'55"E., FOR A DISTANCE OF 75.41 FEET; THENCE RUN S.74°14'05"E., FOR A DISTANCE OF 17.55 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 34.10 FEET; THENCE RUN N.75°45'55"E., FOR A DISTANCE OF 13.04 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 285.27 FEET; THENCE RUN S.74°14'05"E., FOR A DISTANCE OF 13.23 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 38.03 FEET; THENCE RUN N.75°45'55"E., FOR A DISTANCE OF 13.23 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 406.96 FEET; THENCE RUN S.74°14'05"E., FOR A DISTANCE OF 13.50 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 38.03 FEET; THENCE RUN N.75°45'55"E., FOR A DISTANCE OF 13.50 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 189.82 FEET; THENCE RUN S.43°23'11"E., FOR A DISTANCE OF 43.39 FEET; THENCE RUN S.01°36'49"W., FOR A DISTANCE OF 90.99 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE OF MARCO SHORES UNIT 30 GOLF COURSE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N.09°17'28"E., A DISTANCE OF 1,209.67 FEET 'THEREFROM; THENCE RUN WESTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID CHAMPIONSHIP DRIVE AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,209.67 FEET, THROUGH A CENTRAL ANGLE OF 00°43'03", SUBTENDED BY A CHORD OF 15.15 FEET AT A BEARING OF N.80°21'00"W., FOR A DISTANCE OF 15.15 FEET TO THE END OF SAID CURVE; THENCE RUN N.01°36'49"E., FOR A DISTANCE OF 82.65 FEET; THENCE RUN N.43°23'11"W., FOR A DISTANCE OF 30.83 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 91.15 FEET; THENCE RUN S.78°08'16"W./FOR A DISTANCE OF 105.53 FEET; THENCE RUN S.79°46'25"W., FOR A DISTANCE OF40.65 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 419.19 FEET; THENCE RUN S.75°45'55"W.~ FOR A DISTANCE OF 13.23 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 40.66 FEET; THENCE RUN N.74°14'05"W., FOR A DISTANCE OF 13.27 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 35.50 FEET; THENCE RUN N.77°58'35"W., FOR A DISTANCE OF 157.48 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 91.98 FEET; THENCE RUN S.75°45'55"W., FOR A 10550 ABERNATHY STREET BONITA SPRINGS, FLORIDA 34135 941-992-0795 FAX 941-992-2327 OR: 2383 PG: 0877 PROJECT HMA # 93.132 REF. DWG. # B-2102-1 SEPTEMBER 17, 1997 PAGE 2 OF 2 DISTANCE OF 13.04 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 38.05 FEET; THENCE RUN N.74°14'05"W-, FOR A DISTANCE OF 14.43 FEET; THENCE RUN S.68°15'55"W., FOR A DISTANCE OF 73.30 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 157.23 FEET; THENCE RUN N.66°44'05"W., FOR A DISTANCE OF 66.25 FEET; THENCE RUN N.46°14'05"W., FOR A DISTANCE OF 75.85 FEET; THENCE RUN N.70°44'05"W., FOR A DISTANCE OF 97.54 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 44.14 FEET; THENCE RUN S.88°28'59"W., FOR A DISTANCE OF 75.06 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 45.78 FEET; THENCE RUN S.45°18'43"W., FOR A DISTANCE OF 11.25 FEET; THENCE RUN N.44°41'17"W., FOR A DISTANCE OF 15.00 FEET, TO THE POINT OF BEGINNING; CONTAINING 1.107 ACRES, MORE OR LESS. THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHEAST ONE- QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.00°I 8'41"E. HOLE, MONTES AND ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 ./: -THOMAS M. MVRPH ~ P.S.M. #5628 STATE OF FLORIDA *** OIt: 2383 PG: 0878 z N 00'18'41" E LINE OF THE NE 1342.90' 1/4 OF SECTION 15-51-26 I ~z ~0 4~ -.4 o zo I 2272996 OR: 2383 PG: 0879 UCORDID In O~'IClAL UCOIDS of COLL~IJ~ COIJiffL ~L 01/27/08 at 10:37A1( DIIZGHT I. BROCK, il¢ FIB 51.00 tern: Doc-. 7o .70 SH~llLIT IZZ IFI' 5586 UTILITY FACILITIES WARRANTY DEED THIS INDENTURE made this of 1997 , , between the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, (hereinafter referred to as "Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns (hereinafter referred to as "GRANTEE"). ' W I T N E S S E T H: That said Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs, successors and assigns forever, all water and sewer utility facilities lying within the following described land, together with any appurtenant easement rights of Grantor for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) and said Grantor does hereby fully warrant the title to said water and sewer utility facilities, and will defend the same against the lawful claims of all persons whomsoever. For the purposes of this conveyance, the water and sewer facilities conveyed herein shall not be deemed to convey any of the lands described in Exhibit "A". Grantor and Grantee are used for singular and plural, context requires, as IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. Fiddlers\UtiLit¥\Unit2.1B\BCC_WD.J24 Phase lB, Unit 2 OR: 2383 0880 Attest: A~t W~odward~ Asst.~Secr~Fa~y GRANTOR: FIDDLER,S CREEK COMMUNITY DEVELOPMENT DISTRICT By:... Its: V~ce Cha~rma~l STATE OF FLORIDA COUNTY OF COLLIER The foregoing Utility Facilities Warranty Deed was sworn to and subscribed before me by Clifford 01son Vice Chairman of the FIDDLER S CREEK COMMUNITY DEVELOPMENT DISTRICT, on behalf of the Pelican Marsh Community Development District who is personally known to me and who did/~ ~ take an oath. -"~ ~', Stel~ne L~nette Watts *.*'-- MY COMMISSION//CC636726 EXPIRES .~ ~ ~., Apdl Z2, 2001 _ W_ITNESS my hand and official seal this c~3~day of ~o~ar~ PubLic %J ' ~vlY commission Expire~: ~ Prepared by: Anthony p. Pires, Jr. Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 640 Naples, Florida 34108 Fiddlers\Uti{ity\Unit2.1B\BCC_~D.J24 Phase lB, Umt Z 2 OR: 2383 PG: 0881 EXHIBIT "A" Tract R and all C.U.E.'s as recorded on the plat of Fiddler's Creek, Phase lB, Unit Two, Plat Book ,~_, Pages /--- ,t~ , of the Public Records of Collier County, Florida. ' \httma_715\WP\1993\93132\WTC\exa I bu2707 ! 6.doc 'D ' '"0 O0 0 0 Z Z --I z~: Z~ Z ltl ~0~.~ Z · O~ ~o ~z~z~oO~O~z I~~ ' : : ~mZ~'' '~C - -~ ~ ~0~ ~ lU~ ~0~ ~ ' ' : : :~ ~0~ IO~ 0 mmo .c~O00~ ~m> >~m ~NN6Nomq~z>o~gg>S~o~m~ ~0~>,'' C~ Z ZZ7 v ~ ~__~- u o~O0~m~<O ~ ~>m~ ~z~ ~z >~:~o-. ~ ~z~O~-~m~o~z - ~ ~ ~o ~--~ "~--o~v'zm mo ~ozo o m z ~ ~ 0 . ZCZ ~0 ~ ~C~ m ~mC Z u~m ~ ~ZZCC OZ ~ 0~ 8~ ~ ~ >~ o > e ~ o Z m EXItlBIT OR: 2383 PG: 0883 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS Preserving and enhancing Florida's quality of life since 1966 HMA PROJECT #93.132X JULY 28, 1997 REF. DWG. B-2104 PAGE 1 OF 2 A 15.00 FOOT WIDE STRIP OF LAND LOCATED IN A PORTION OF SECTIONS 14 AND 23, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHEASTERLY.CORNER OF TRACT U-l, OF FIDDLER'S CREEK PHASE lB, UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 35 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S. 74°51 '50" W., ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT U-l, FOR A DISTANCE OF 30.00 FEET; THENCE DEPARTING THE BOUNDARY OF SAID TRACT U-l, RUN S. 12016'25'' E. FOR A DISTANCE OF 8.01 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE HEREIN DESCRIBED; THENCE RUN N. 74°5~'50'' E. FOR A DISTANCE OF 260.68 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 04007'52'', SUBTENDED BY A CHORD OF 69.06 FEET AT A BEARING OF N. 72°47'54" E., FOR A DISTANCE OF 69.07 FEET TO THE END OF SAID CURVE; THENCE RUN N. 20°22'44, W. FOR A DISTANCE OF 53.36 FEET; THENCE RUN S. 20°22'44" E., FOR A DISTANCE OF 53.36 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 19016'02" W. A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 19°18'06", SUBTENDED BY A CHORD OF 321.21 FEET AT A BEARING OF N. 61°04'55" E., FOR A DISTANCE OF 322.73 FEET TO THE END OF SAID CURVE; THENCE RUN N. 34°25'42" E. FOR A DISTANCE OF 13.96 FEET; THENCE RUN N. 49°25'42" E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 64°25'42" E. FOR A DISTANCE OF 13.96 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 42°34'29' W. A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF THE SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 17°54'44", SUBTENDED BY A CHORD OF 298.28 FEET AT A BEARING OF N. 38°28'10" E., FOR A DISTANCE OF 299.50 FEET TO THE END OF SAID CURVE; THENCE RUN N. 60°29'12" W. FORA DISTANCE OF 41.30 FEET; THENCE RUN S. 60°29'12" E. FOR A DISTANCE OF 41.30 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 60°29'12" W. A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 09°40'11", SUBTENDED BY A CHORD OF 161.49 FEET AT A BEARING OF N. 24°40'42" E., FOR A DISTANCE OF 161.68 FEET TO THE END OF SAID CURVE; THENCE RUN N. 19°50'37'' E. FOR A DISTANCE OF 147.02 FEET; THENCE RUN N. 04°50'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19°50'37'' E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 34°50'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19°50'37" E. FOR A DISTANCE OF 72.23 FEET; THENCE RUN N. 04°50'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19°50'37'' E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 34050'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19°50'37" E. FOR A DISTANCE OF 91.93 FEET; THENCE RUN N. 70009'23" W. FOR A DISTANCE OF 41.93 FEET; THENCE RUN S. 70°09'23'' E. FOR A DISTANCE OF 41.93 FEET; THENCE RUN N. 19°50'37" E. FOR A DISTANCE OF 194.14 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF THE SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 10550 ABERNATHY STREET BONITA SPRINGS. FLORIDA 34135 941 992-O795 FAX 941-992 2327 HMA PROJECT #93.132X JULY 28, 1997 REF. DWG. B-2104 PAGE 2 OF 2 FEET, THROUGH A CENTRAL ANGLE OF 00°52'14", SUBTENDED BY A CHORD OF 60.66 FEET AT A BEARING OF N. 20"16'44" E., FOR A DISTANCE OF 60.66 FEET TO THE END OF SAID CURVE; THENCE RUN N. 05°36'31" E. FOR A DISTANCE OF 18.36 FEET; THENCE RUN N. 20°36'31' E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 35°36'31' E. FOR A DISTANCE OF 21.94 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S. 68°09'11" E. A DISTANCE OF 3992.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 FEET, THROUGH A CENTRAL ANGLE OF 05°33'35", SUBTENDED BY A CHORD OF 387.21 FEET AT A BEARING OF N. 24037'37" E., FOR A DISTANCE OF 387.36 FEET TO THE END OF SAID CURVE; THENCE RUN N. 12051'40" E. FOR A DISTANCE OF 12.08 FEET; THENCE RUN N. 27°51'40" E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 42°51'40'' E. FOR A DISTANCE OF 12.08 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S. 61°41'04" E. A DISTANCE OF 3992.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF THE SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 FEET, THROUGH A CENTRAL ANGLE OF 02°42'51", SUBTENDED BY A CHORD OF 189.10 FEET AT A BEARING OF N. 29°40'22" E., FOR A DISTANCE OF 189.11 FEET TO THE END OF SAID CURVE; THENCE RUN N. 31°01'48" E. FOR A DISTANCE OF 18.08 FEET TO THE END OF SAID CENTERLINE; CONTAINING 0.939 ACRE, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE SOUTHERLY BOUNDARY OF TRACT U-l, OF FIDDLER'S CREEK PHASE lB, UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 35 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S. 74°51'50" W. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 ~ THOMAS M. MURPf-IY ' STATE OF FLORIDA OR: 2383 PG: 0885 ~l.x lc; 1 ,.,. I~° ~ I~1 °1~ ~ I~ I ~l~ I~ J ~ Lq 0 0 oD (DO O~ ~ ZZ >- ZZ OR: 2383 PG: 0886 0 -1-qD  ~ O~ o Preserving and enhancing Florida's quality of life since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS LEGAL DESCRIPTION: PROJECT HMA # 93.132 REF. DWG. # B-2102-1 SEPTEMBER 17, 1997 PAGE 1 OF 2 A PORTION OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND A PORTION OF CHAMPIONSHIP DRIVE OF MARCO SHORES UNIT 30 GOLF COURSE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF SECTION 15,TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.00°18'41"E., ALONG THE WEST LINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 15, FOR A DISTANCE OF 1342.90 FEET; THENCE DEPARTING THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 15, RUN S.89°41'19"E., FOR A DISTANCE OF 43.55 FEET, TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.45°18'43"E., FOR A DISTANCE OF 17.54 FEET; THENCE RUN S.89°13'35"F_., FOR A DISTANCE OF 51.76 FEET; 'THENCE RUN N.88°28'59"E., FOR A DISTANCE OF 75.06 FEET; THENCE RUN S.89°13'35"E., FOR A DISTANCE OF 46.88 FEET; THENCE RUN S.70°44'05"E., FOR A DISTANCE OF 103.24 FEET; THENCE RUN S.46°14'05"E., FOR A DISTANCE OF 76.39 FEET; THENCE RUN S.66°44'05"E., FOR A DISTANCE OF 60.55 FEET; THENCE RUN S.89°13'35"E., FOR A DISTANCE OF 151.26 FEET; THENCE RUN N.68°15'55"E., FOR A DISTANCE OF 75.41 FEET; THENCE RUN S.74°14'05"E., FOR A DISTANCE OF 17.55 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 34.10 FEET; THENCE RUN N.75°45'55"E., FOR A DISTANCE OF 13.04 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 285.27 FEET; THENCE RUN S.74°14'05"E., FOR A DISTANCE OF 13.23 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 38.03 FEET; THENCE RUN N.75°45'55"E., FOR A DISTANCE OF 13.23 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 406.96 FEET; THENCE RUN S.74°14'05"E., FOR A DISTANCE OF 13.50 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 38.03 FEET; THENCE RUN N.75°45'55"E., FOR A DISTANCE OF 13.50 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 189.82 FEET; THENCE RUN S.43°23'11"E., FOR A DISTANCE OF 43.39 FEET; THENCE RUN S.01°36'49"W., FOR A DISTANCE OF 90.99 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE OF MARCO SHORES UNIT 30 GOLF COURSE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N.09°17'28"E., A DISTANCE OF 1,209.67 FEET 'THEREFROM; THENCE RUN WESTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID CHAMPIONSHIP DRIVE AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,209.67 FEET, THROUGH A CENTRAL ANGLE OF 00°43'03", SUBTENDED BY A CHORD OF 15.15 FEET AT A BEARING OF N.80°21'00"W., FOR A DISTANCE OF 15.15 FEET TO THE END OF SAID CURVE; THENCE RUN N.01°36'49"E., FOR A DISTANCE OF 82.65 FEET; THENCE RUN N.43°23'11"W., FOR A DISTANCE OF 30.83 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 91.15 FEET; THENCE RUN S.78°08'16"W.,'FOR A DISTANCE OF 105.53 FEET; THENCE RUN S.79°46'25"W., FOR A DISTANCE OF40.65 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 419.19 FEET; THENCE RUN S.75°45'55"W.~ FOR A DISTANCE OF 13.23 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 40.66 FEET; THENCE RUN N.74°14'05"W., FOR A DISTANCE OF 13.27 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 35.50 FEET; THENCE RUN N.77°58'35"W., FOR A DISTANCE OF 157.48 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 91.98 FEET; THENCE RUN S.75°45'55"W., FOR A C) 10550 ABERNATHY STREET BONITA SPRINGS, FLORIDA 34135 941-992-O795 FAX 941-992-2327 PROJECT HMA # 93.132 REF. DWG. # B-2102-1 SEPTEMBER 17, 1997 PAGE 2 OF 2 DISTANCE OF 13.04 FEET; THENCE RUN N.89°14'O5"W., FOR A DISTANCE OF 38.05 FEET; THENCE RUN N.74°14'05"W., FOR A DISTANCE OF 14.43 FEET; THENCE RUN S.68°15'55"W., FOR A DISTANCE OF 73.30 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 157.23 FEET; THENCE RUN N.66°44'05"W., FOR A DISTANCE OF 66.25 FEET; THENCE RUN N.46°14'05"W., FOR A DISTANCE OF 75.85 FEET; THENCE RUN N.70°44'05"W., FOR A DISTANCE OF 97.54 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 44.14 FEET; THENCE RUN S.88°28'59"W., FOR A DISTANCE OF 75.06 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 45.78 FEET; THENCE RUN S.45°18'43"W., FOR A DISTANCE OF 11.25 FEET; THENCE RUN N.44°41'17"W., FOR A DISTANCE OF 15.00 FEET, TO THE POINT OF BEGINNING; CONTAINING 1.107 ACRES, MORE OR LESS. ' THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHEAST ONE- QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.00°18'41"E. HOLE, MONTES AND ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 P.S.M. #5628 STATE OF FLORIDA *** OR: 2383 PG: 0889 Z m N__ 00'18'41" E LINE O-"F THE NE 1342,90' 1/4-'~F-~E~ION 15-51-26 / / / / I / I / / / / / / / / / / / ~ ~o o~ ~o ° ~z mr- ~0 %m m ~ 0 ZO ,n-I I (.,,1 iI I I 5 ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT made and entered into this /~ day of ~ , 199~, by and between the FIDDLER'S CREEK COMMUNIT~ DEVE~PMENT DISTRICT, a political subdivision of the State of Florida, (hereinafter referred to as "Assignor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO BOARD THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as ,'Assignee"). WHEREAS, Assignor is the Grantee under that certain Assignment of Reservations ("Utility Easement") from Gulf Bay 100, Ltd. and Parcel Z, Inc. d/b/a 951 Land Holdings Joint Venture ("951 Land Holdings") to Assignor concerning certain water and sewer facilities located within the real property referenced in said Utility Easement, a copy of said Utility Easement being attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, certain water and sewer facilities located within the aforedescribed Utility Easement have been conveyed to Assignor from 951 Land Holdings by Bill of Sale and Warranty Deed, which water and sewer facilities are simultaneously herewith being conveyed to Assignee from Assignor; and WHEREAS, it is necessary that Assignee obtain the rights of Assignor as the Grantee in said Utility Easement as to said water and sewer utility facilities NOW THEREFORE WITNESSETH that for and in consideration of the premises and in consideration of the sum of Ten and 00/100 Dollars ($10.00), receipt of which is acknowledged by Assignor from Assignee, and other good and valuable consideration, the parties hereto agree as follows: 1) Assignor hereby conveys, grants, transfers, demises, releases and assigns unto Assignee, its successors and assigns, all of the rights of Assignor as Grantee under the Utility Easement referenced hereto and made a part hereof as Exhibit "A" as to the aforesaid water and sewer utility facilities. Assignee aforesaid hereby accepts said assignment. 2) Governinq Law. This Assignment shall be construed and enforced in accordance with and governed by the laws of the State of Florida. 3) Modification; Additional Assurances. No change, amendment, modification or cancellation of any part of this Fiddlers\[Jtility\Unit2. I B\Assign. Agr Phase I B, [Init 2 16A 5 Assignment Agreement shall be valid unless in writing and signed by Assignor and Assignee. 4) .Bindinq Effect. The terms, covenants and conditions contained herein shall inure to the benefit and be binding upon Assignee and Assignor and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written. Attest: fart' ~oodwa~d, A~t ~Se~e~r~ STATE OF FLORIDA COUNTY OF COLLIER ASSIGNOR: FIDDLER,S CREEK COMMUNITY DEVELOPMENT DISTRICT By:. ~ Clifford Olson Its Vice Chairman The foregoing Assignment Agreement was sworn to and subscribed before me by Clifford 01son , as Vice Chairman of the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, on behalf of the Fiddler,s Creek Community Development District who is personally known to me. WITNESS my hand and official seal this q~..day of ~ 1997. , Commission ~Expire~: ~-% Fiddlers~,lJtility ~ Unit2.1 BL~ ssign.Agr Phase lB, Unit 2 2 ASSIGNEE: ATTEST: DWIGHT E. BRO~K, Clerk '7 ,'/ - -' Approved as to from and lega~l sufficiency BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~$~ THE GOVERNING BODY~OF COLLIER'%. COUNTY AND AS EX,OFFICIO THE GOVERNING BOARD .OF THE COLLIER~ COUNTY WATER-SEWER DISTRICT BY: STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared TIMOTHY L. HANCOCK, well known to me to be the Chairman of the Board of County Commissioners, Collier County, Florida, As The Governing Body of Collier County and as Ex-Officio the Governing Board of The Collier County Water- Sewer District, being authorized so to do, executed the foregoing Assignment Agreement for the purpose therein contained under authority duly invested by the Board of County Commissioners, and that the seal affixed thereto is the true seal of said Board. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1997. (Notarial Seal) This instrument prepared by: Anthony p. Pires, Jr. Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 640 Naples, Florida 34108 (941) 566-3131 Notary Public Print Name: My Commission Expires: Fiddlers\Utility\Unit2.1 B\A ssign.Ag r Phase 1 B, Unit 2 3 ASSIGNMENT OF RESERVATIONS THIS INDENTURE made this day of , 1996, between Gulf Bay 100, Ltd., a Florida Limited Partnership (by its General Partner Gulf Bay 100, Inc., a Florida corporation), and Parcel Z, inc., a Florida corporation, jointly d/b/a 951 Land Holdings Joint Venture, a Florida general partnership (hereinafter referred to as "Developer" and "Owner"), and Fiddler's Creek Community Development "DISTRICT"). District (hereinafter referred to as WITNESSETH WHEREAS, Developer and Owners, in consideration of ONE ($1.00) DOLLAR and other good and valuable consideration to them paid by District, the receipt and sufficiency of which is hereby acknowledged, do hereby grant, convey, assign, transfer, and set over unto the District, its legal representatives, successors, and assigns, for the purpose of providing certain public facilities, including but not limited to water and sewer, all rights and privileges that Developer and Owners have or may have under the laws of the State of Florida, or otherwise, and all right, title and interest of Developer and Owners in, to, and under each of those certain reservations dealing with said water and sewer utility facilities and those certain water and sewer utility easements identified and set forth on those certain Plats specified in Exhibit "A" attached hereto and made a part hereof, all located in Collier County, State of Florida (The Reservations). -- K~WIBIT" ~ " Fiddlers\Utility\Unit2.1B\Assign. Res Page 1 of 5 16A TO HAVE AND TO HOLD said reservations unto the District, its legal representatives, its successors and assigns to and for its own or their uses forever with the right of substitution and subrogation of the District in and to all covenants and warranties heretofore given or made in respect to said Reservations or a part thereof to the extent said covenants and warranties are assignable or can be enforced, at the District's expense, for the District's benefit. Developer and Owners do for themselves and their legal representatives, successors and assigns, covenant to and with the District, its legal representatives, successors and assigns that they are the lawful owners of the Reservations; that the Reservations are free from all encumbrances except as specified herein; and that they have good right to assign the Reservations, and that they will warrant and defend the Assignment of Reservations unto the District, its legal representatives, successors and assigns against the lawful claims and demands of all persons whatsoever. IN WITNESS WHEREOF, Developer and Owners, have caused this Instrument to be executed by its duly authorized agents, and its Corporate Seals affixed hereto. Fiddlers\Uti [~t¥\Un]t2.1B\Assign. Res Page 2 of 5 16A 5i signed, sealed and delivered ~n our presence: 951 LAND HOLDINGS JOINT VENTURE, a Florida General partnership By: GB 100, LTD., a Florida Limited Partnership By: By: GB 100, INC., a Florida corporation, as General Partner and on behalf of itself __ ~ ............ , ~ ~ STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Mark J. Woodward, as vice President of Gulf Bay 100, Inc., a Florida corporation on behalf of Gulf Bay 100, Inc. and as General Partner of Gulf Bay 100, Ltd., a Florida Limited Partnership, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my~_~n~and official seal in the county and State last ---- 1997. aforesaid thisc-~-~- day of (SEAL) Commission No. My Commission Expires: Fiddlers\Ut ] l ity\Un]t2.1B\Ass~gn'Res Page 3 of 5 FROM. :WOODWREO, PIRE$ ~ LOMB~R TO 1997,~7-24 16:46 Witness PARCEL Z, INC. BY:~nt STATE OF NEW YORK COUNTY OF NEW YORK I HEREBY CERTIFy that on this day before me, an officer duly qualified to take acknowledgments, personally appeared T. Sano, as President of Parcel Z, Inc., a Florida corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this ~ day of _~¢[~ _, 1996. N~TARY PUBLIC (SEAL) Printed Name Commission No._ My Commission Expires: JOHN A. MARAIA Notary Public, State of New YoI~ No. O2MA5029381 Qualified in Westchester County[ Ccmmission Expires J~ne 20, 1998' Ffdd[ers\UtfLi~y\Uni,:2.1B~.ss~.Sn. Res Page 4 of 5 A.TTEST: Art* Woodward ~'-~f~'~.'-Secretar FIDDLER,S CREEK COMMUNITY DEVELOPMENT DISTRICT By: Cliffo~ As its: Vice Chairman STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Clifford 01son , and Art Woodward and Assistant Secretary ob .. , _Vice Chairman r ~he Fiddler,s Creek Community Development District, a unit of special purpose government organized and existing under the laws of the State of Florida, to me known to be the persons described in and who executed the foregoing instrument and acknowledged before me the same. that they executed WITNESS my hand and official seal in the County and State last aforesaid this _.~3~% day of ~_5---~lt4 , 1996. N~A~_Y PUBLfC ~rinte~ Name Commission No. My Commission Expires: Fidd[ers\Ut)lity\Unit2.1B\Assign. Res Page 5 of 5 ~6~ 5~ EXHIBIT "A" Tract R and all C.U.E.'s as recorded on the plat of Fiddler's Creek, Phase lB, Unit Two, Plat Book ~ t~, Pages / --. g]/ , of the Public Records of Collier County, Florida. \~-hna_715\WP\1993\93132\WTC\exalbu27071 &doc -0 0 0 Z~ZZZ m 9,../:, .~, -rlC~ oo0 ¥ -< C mO ©Z O~ 0 C --i Preserving and enhancing Florida's quality of life since 1966 HMA PROJECT #93.132X HOLE, MONTES & ASSOCIATES, INC. ENGINEERS pLANNERS SURVEYORS JULY 28, 1997 REF. DWG. B-2104 PAGE I OF 2 A 15.00 FOOT WIDE STRIP OF LAND LOCATED IN A PORTION OF SECTIONS 14 AND 23, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHEASTERLY CORNER OF TRACT U-l, OF FIDDLER'S CREEK PHASE lB, UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 35 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S. 74°51'50' W., ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT U-l, FOR A DISTANCE OF 30.00 FEET; THENCE DEPARTING THE BOUNDARY OF SAID TRACT U-l, RUN S. 12°16'25'' E. FOR A DISTANCE OF 8.01 FEET TO THE _POINT OF_ BEGINNING OF THE CENTERLINE HEREIN DESCRIBED; THENCE RUN N. 74°51,50" E. FOR A DISTANCE OF 260.68 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 04°07'52", SUBTENDED BY A CHORD OF 69.06 FEET AT A BEARING OF N. 72°47`54" E., FOR A DISTANCE OF 69.07 FEET TO THE END OF SAID CURVE; THENCE RUN N. 20°22'44" W. FOR A DISTANCE OF 53.36 FEET; THENCE RUN S. 20022'44" E., FOR A DISTANCE OF 53.36 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 19°16'02" W. A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 19°18'06", SUBTENDED BY A CHORD OF 321.21 FEET AT A BEARING OF N. 61°04'55" E., FOR A DISTANCE OF 322.73 FEET TO THE END OF SAID CURVE; THENCE RUN N. 34°25'42" E. FOR A DISTANCE OF 13.96 FEET; THENCE RUN N. 49025,42" E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 64025'42`` E. FOR A DISTANCE OF 13.96 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 42034'29' W. A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF THE SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 17054'44", SUBTENDED BY A CHORD OF 298.28 FEET AT A BEARING OF N. 38°28'10" E., FOR A DISTANCE OF 299.50 FEET TO THE END OF SAID CURVE; THENCE RUN N. 60°29'12" W. FOR A DISTANCE OF 41.30 FEET; THENCE RUN S. 60°29'12" E. FOR A DISTANCE OF 41.30 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 60029'12'' W. A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 09°40'11", SUBTENDED BY A CHORD OF 161.49 FEET AT A BEARING OF N. 24°40,42" E., FOR A DISTANCE OF 161.68 FEET TO THE END OF SAID CURVE; THENCE RUN N. 19°50,37" E. FOR A DISTANCE OF 147.02 FEET; THENCE RUN N. 04°50'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19°50'37" E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 34°50`37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19°50'37" E. FOR A DISTANCE OF 72.23 FEET; THENCE RUN N. 04050,37'' E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19050'37" E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 34°50'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19°50'37" E. FOR A DISTANCE OF 91.93 FEET; THENCE RUN N. 70°09,23'' W. FOR A DISTANCE OF 41.93 FEET; THENCE RUN S. 70009'23'' E. FOR A DtSTANCE OF 41.93 FEET; THENCE RUN N. 19°50'37" E. FOR A DISTANCE OF 194.14 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF THE SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 10550 ABERNIATdY STREET BONITA SPRINGS. FLORIDA 3413.5 941-992 0795 FAX 941 992-2327 HMA PROJECT #93.132X JULY 28, 1997 REF. DWG. B-2104 PAGE 2 OF 2 FEET, THROUGH A CENTRAL ANGLE OF 00052'14'', SUBTENDED BY A CHORD OF 60.66 FEET AT A BEARING OF N. 20°16'44" E., FOR A DISTANCE OF 60.66 FEET TO THE END OF SAID CURVE; THENCE RUN N. 05"36'31" E. FOR A DISTANCE OF 18.36 FEET; THENCE RUN N. 20"36'31' E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 35"36'31' E. FOR A DISTANCE OF 21.94 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S. 68"09'11" E. A DISTANCE OF 3992.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID cURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 FEET, THROUGH A CENTRAL ANGLE OF 05033,35-, SUBTENDED BY A CHORD OF 387.21 FEET AT A BEARING OF N. 24"37'37" E., FOR A DISTANCE OF 387.36 FEET TO THE END OF SAID CURVE; THENCE RUN N. 12"51'40" E. FOR A DISTANCE OF 12.08 FEET; THENCE RUN N. 27°51'40" E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 42°51'40'' E. FOR A DISTANCE OF 12.08 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S. 61"41'04" E. A DISTANCE OF 3992.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF THE SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 FEET, THROUGH A CENTRAL ANGLE OF 02"42'51", SUBTENDED BY A CHORD OF 189.10 FEET AT A BEARING OF N. 29°40'22" E., FOR A DISTANCE OF 189.11 FEET TO THE END OF SAID CURVE; THENCE RUN N. 31°01'48" E. FOR A DISTANCE OF 18.08 FEET TO THE END OF SAID CENTERLINE; CONTAINING 0.939 ACRE, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE sOUTHERLY BOUNDARY OF TRACT U-l, OF FIDDLER'S CREEK PHASE lB, UNIT ONE, ACCORDING TO THE pLAT THEREOF RECORDED IN pLAT BOOK 28 AT PAGES 35 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER couNTY, FLORIDA, AS BEING S. 74"51'50" W. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. H,O~E., MONTES.& ASSOCIATES, iNC. CERTIFICATE OF AUTHORIZATION LB #1772 By .4'Z,.,,..,J.' ¢,,¢. p.S.M. #5628 -~: MURPHY ¢ -STATE OF FLORIDA 16~ 5~ 6"1 (De/ o~_ OCr) r~ 0 -r'cD Oil: 2383 ?G: 0903 gU') ~W 0 -1-0 W ~Z OW L J- L~_ O0 W W 5 Preserving and enhancing Florida's quality of life since 1966 PROJECT HMA # 93.132 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS pLANNERS SURVEYORS REF. DWG. # B-2102-1 SEPTEMBER 17, 1997 PAGE 1 OF 2 LEGAL DESCRIPTION: A pORTION OF SECTION 15, TOWNSHIP 51 sOUTH, RANGE 26 EAST, COLLIER coUNTY, FLORIDA, AND A PORTION OF CHAMPIONSHIP DRIVE OF MARCO SHORES UNIT 30 GOLF CouRSE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103, OF THE PUBLIC RECORDS OF COLLIER cOUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: cOMMENCE AT THE sOUTHWEST cORNER OF THE NORTHEAST ONE-QUARTER OF SECTION 15,TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER coUNTY, FLORIDA; THENCE RUN N.00°18'41"E'' ALONG THE WEST LINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 15, FOR A DISTANCE OF 1342.90 FEET; THENCE DEPARTING THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 15, RUN S.89"41'19"E., FOR A DISTANCE OF 43.55 FEET, TO THE p__OINT OF BEGINNING_ OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.45°18'43"E'' FOR A DISTANCE OF 17.54 FEET; THENCE RUN S.89°13'35"E'' FOR A DISTANCE OF 51.76 FEET; THENCE RUN N.88°28'59"E'' FOR A DISTANCE OF 75.06 FEET; THENCE RUN S.89o13,35"E., FOR A DISTANCE OF 46.88 FEET; THENCE RUN S.70°44'05"E'' FOR A DISTANCE OF 103.24 FEET; THENCE RUN S.46°14'05"E'' FOR A DISTANCE OF 76.39 FEET; THENCE RUN S.66°44'05"E'' FOR A DISTANCE OF 60.55 FEET; THENCE RUN S.89o13,35"E., FOR A DISTANCE OF 151.26 FEET; THENCE RUN N.68°15'55"E'' FOR A DISTANCE OF 75.41 FEET; THENCE RUN S.74°14'05"E'' FOR A DISTANCE OF 17.55 FEET; THENCE RUN S.89°14'05"E'' FOR A DISTANCE OF 34.10 FEET; THENCE RUN N.75o45,55"E., FOR A DISTANCE OF 13.04 FEET; THENCE RUN S.89°14'05"E'' FOR A DISTANCE OF 285.27 FEET; THENCE RUN S.74°14'05"E'' FOR A DISTANCE OF 13.23 FEET; THENCE RUN S.89°14'05"E'' FOR A DISTANCE OF 38.03 FEET; THENCE RUN N.75o45,55"E., FOR A DISTANCE OF 13.23 FEET; THENCE RUN S.89°14'05"E'' FOR A DISTANCE OF 406.96 FEET; THENCE RUN S.74°14'05"E'' FOR A DISTANCE OF 13.50 FEET; THENCE RUN S.89°14'05"E'' FOR A DISTANCE OF 38.03 FEET; THENCE RUN N.75o45,55"E., FOR A DISTANCE OF 13.50 FEET; THENCE RUN S.89°14'05"E'' FOR A DISTANCE OF 189.82 FEET; THENCE RUN S.43°23'11"E'' FOR A DISTANCE OF 43.39 FEET; THENCE RUN S.01°36'49"W., FOR A DISTANCE OF 90.99 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE OF MARCO SHORES UNIT 30 GOLF cOURSE, ACCORDING TO THE PLAT THEREOF RECORDED IN pLAT BOOK 17 AT PAGES 98 THROUGH 103, OF THE PUBLIC RECORDS OF COLLIER cOUNTY, FLORIDA, THE SAME BEING A POINT ON A CIRCULAR cURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N.09°17'28"E'' A DISTANCE OF 1,209.67 FEET 'THEREFROM; THENCE RUN WESTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID CHAMPiONSHiP DRIVE AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,209.67 FEET, THROUGH A CENTRAL ANGLE OF 00°43'03", SUBTENDED BY A CHORD OF 15.15 FEET AT A BEARING OF N.80°21'00''W'' FOR A DISTANCE OF 15.15 FEET TO THE END OF SAID CURVE; THENCE RUN N.01°36'49"E'' FOR A DISTANCE OF 82.65 FEET; THENCE RUN N.43°23'11"w'' FOR A DISTANCE OF 30.83 FEET; THENCE RUN N.89°14'05"w'' FOR A DISTANCE OF 91.15 FEET; THENCE RUN S.78o08,16-W.; FOR A DISTANCE OF 105.53 FEET; THENCE RUN S.79°46'25"w'' FOR A DISTANCE OF40.65 FEET; THENCE RUN N.89°13'35"w'' FOR A DISTANCE OF 419.19 FEET; THENCE RUN S.75°45'55"W''' FOR A DISTANCE OF 13.23 FEET; THENCE RUN N.89o14,05-W., FOR A DISTANCE OF 40.66 FEET; THENCE RUN N.74°14'05"W'' FOR A DISTANCE OF 13.27 FEET; THENCE RUN N.89°13'35"w'' FOR A DISTANCE OF 35.50 FEET; THENCE RUN N.77°58'35"w'' FOR A DISTANCE OF 157.48 FEET; THENCE RUN N.89o14,05"W., FOR A DISTANCE OF 91.98 FEET; THENCE RUN S.75°45'55"W'' FOR A 10550 ABERNATHY STREET BONITA SPRINGS, FLOR[DA 34135 941~992'0795 FAX 941-992-2327 16A 5 PROJECT HMA # 93.132 REF. DWG. # B-2102-1 SEPTEMBER 17, 1997 PAGE 2 OF 2 DISTANCE OF 13.04 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 38.05 FEET; THENCE RUN N.74°14'05"W., FOR A DISTANCE OF 14.43 FEET; THENCE RUN S.68o15,55"W., FOR A DISTANCE OF 73.30 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 157.23 FEET; THENCE RUN N.66°44'05"W., FOR A DISTANCE OF 66.25 FEET; THENCE RUN N.46°14'05"W., FOR A DISTANCE OF 75.85 FEET; THENCE RUN N.70o44'05"W., FOR A DISTANCE OF 97.54 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 44.14 FEET; THENCE RL)N S.88°28'59"W., FOR A DISTANCE OF 75.06 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 45.78 FEET; THENCE RUN S.45o18'43"W., FOR A DISTANCE OF 11.25 FEET; THENCE RUN N.44°41'17"W-, FOR A DISTANCE OF 15.00 FEET, TO THE POINT OF BEGINNING.; CONTAINING 1.107 ACRES, MORE OR LESS. THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BF_ARiNGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHEAST ONE- QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.00°18'41"E. HOLE, MONTES AND ASSOCIATES, INC. CERTIFICA'I'E 'OF AUTHORIZATION LB #1772 ' ,T~-iOMAS M. MURPH ~' P.S.M. #5628 STATE OF FLORIDA OR: 16/~ 2383 PG: 0906 *** 5 Z N 00'18'41" E 1342,90' W LINE OF THE NE 1/4 OF SECTION 15-51-26 / I I ASSIGNMENT OF RESERVATIONE between Gulf Bay 100, Ltd., a Florida Limited Partnership (by its General Partner Gulf Bay 100, Inc., a Florida corporation), and Parcel Z, inc., a Florida corporation, jointly d/b/a 951 Land Holdings Joint Venture, a Florida general partnership (hereinafter referred to as "Developer,, and "Owner,,), and Fiddler's Creek Community Development District (hereinafter referred to as "DISTRICT,,). ~ WITNESSETH WHEREAS, Developer and Owners, in consideration of ONE ($1.00) DOLLAR and other good and valuable consideration to them paid by District, the receipt and sufficiency of which is hereby acknowledged, do hereby grant, convey, assign, transfer, and set over unto the District, its legal representatives, successors, and assigns, for the purpose of providing certain public facilities, including but not limited to water and sewer, all rights and privileges that Developer and Owners have or may have under the laws of the State of Florida, or otherwise, and all right, title and interest of Developer and Owners in, to, and under each of those certain reservations dealing with said water and sewer utility facilities and those certain water and sewer utility easements identified and set forth on those certain Plats specified in Exhibit "A" attached hereto and made a part hereof, all located in Collier County, State of Florida (The Reservations). FiddLers\Uti [ ~ ty\Unf t2.18\Assign. Res Page 1 of 5 TO HAVE AND TO HOLD said reservations unto the District, its legal representatives, its successors and assigns to and for its own or their uses forever with the right of substitution and subrogation of the District in and to all covenants and warranties heretofore given or made in respect to said Reservations or a part thereof to the extent said covenants and warranties are assignable or can be enforced, at the District's expense, for the District's benefit. Developer and Owners do for themselves and their legal representatives, successors and assigns, covenant to and with the District, its legal representatives, successors and assighs that they are the lawful owners of the Reservations; that the Reservations are free from all encumbrances except as specified herein; and that they have good right to assign the Reservations, and that they will warrant and defend the Assignment of Reservations unto the District, its legal representatives, successors and assigns against the lawful claims and demands of all persons whatsoever. IN WITNESS WHEREOF, Developer and Owners, have caused this Instrument to be executed by its duly authorized agents, and its Corporate Seals affixed hereto. Fiddlers\Utitity\Unit2.1B\Assign'Res Page 2 of 5 Signed, sealed and delivered in our presence: STATE OF FLORIDA COUNTY OF COLLIER 951 LAND HOLDINGS JOINT VENTURE, a Florida General partnership By: GB 100, LTD. Partnership , a Florida Limited By: By:_ GB 100, INC., a Florida corporation, as General Partner and on behalf of itself Mark~. W_~dward, Vice President I I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Mark j. Woodward, as Vice President of Gulf Bay 100, Inc., a Florida corporation on behalf of Gulf Bay 100, Inc. and as General Partner of Gulf Bay 100, Ltd., a Florida Limited Partnership, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my.~andand official seal in the County and State last aforesaid thi~~ day of ~' St~phne Lynette Wa'l~ MY COMMISSION # CC838726 EXPIRES April 22, 2001 BONO~ THRU TROY RUN INSURANCE, INC. (SEAL) . hixj~. , 1997 - © Print ~ ~ Commission No. My Commission Expires: FiddLers\Utility\Unit2.1B\Assign. Res Page 3 of 5 1997,07-24 #~21 P.41/44 Wit~ess Witness PARCEL Z, INC. BY:~nt STATE OF NEW YORK COUNTY OF NEW YOR/< I I ~EREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared T. Sano, as President of Parcel Z, Inc., a Florida corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this ~ day of Tv[~ _, 1996. NdTARY PUBLIC (SEAL) Printed Name Commission No._ My Commission Expires: JOHN A. MARAIA Notary Pub/'.:, State of New YOI~ i No, 02MA5029381 Qualified in Westchester Comlt~i[ t Commission Expires June 20, 1998 F fdd L e~'s\U~ { I. i~'y\Unfg2.1B~,Ass($n. Res Paqe 4 of 5 ATTEST: FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT By: As its: Vice Chairman STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Clifford 01son , and Art Woodward , Vice Chairman and Assistant Secretary of the Fiddler's Creek Cpmmunity Development District, a unit of special purpose government organized and existing under the laws of the State of Florida, to me known to be the persons described in and who executed the foregoing instrument and acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this~~. day of ~tA[~ _, 1996. (SEAL) ~rinte~ Name ~'J' Commission No. My Commission Expires: Fiddlers\Utitity\Unit2.1B\Assign'Res Page 5 of 5 EXHIBIT "A" Tract R and all C.U.E.'s as recorded on the plat of Fiddler's Creek, Phase lB, Unit Two, Plat Book ~_~_, Pages / -- ~ _, of the Public Records of Collier County, Florida. \\Hma_715\WP\1993\93132\WTC\exa I bu270716.doc 0 0 0 0 Z Z z~z m z C Z~ZZZ ~mm~ rq ~> 0 (71 ~q ~ zo~cm ~o ~a~o~ Oo m mO ~Z m ~Z~ o~ O~Z 0 ~ ~o~ m ~>Z~ o z o O' ' ' ' ommc~m~ .... 0~~ ~%~' - ~ ~ '~ ~zo ~m_ ~>~z~c~z~,~Om mmo m ~ m ~ m- ~ ~ ~mmmo I Z ~" > m ~ ~ ~ ~C~ m~O ~CCC~ m ~m~ z r-- I~0 m ..< ~> 'm (/3 ;:or-r_ >~ 5z m_o 0 c Preserving and enhancing Florida's quality of life since 1966 HOLE, MONTES & ASSOCIATES, INC. HMA PROJECT #93.132X ENGINEERS PLANNERS SURVEYORS JULY 28, 1997 REF. DWG. B-2104 PAGE 1 OF 2 A 15.00 FOOT WIDE STRIP OF LAND LOCATED IN A PORTION OF SECTIONS 14 AND 23, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHEASTERLY CORNER OF TRACT U-l, OF FIDDLER'S CREEK PHASE lB, UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 35 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S. 74"51 '50" W., ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT U-l, FOR A DISTANCE OF 30.00 FEET; THENCE DEPARTING THE BOUNDARY OF SAID TRACT U-l, RUN S. 12°16'25" E. FOR A DISTANCE OF 8.01 FEET TOTHE POINT OF BEGINNING OF THE CENTERLINE HEREIN DESCRIBED; THENCE RUN N. 74°51'50" E. FOR A DISTANCE OF 260.68 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 04°07'52'', SUBTENDED BY A CHORD OF 69.06 FEET AT A BEARING OF N. 72°47'54" E., FOR A DISTANCE OF 69.07 FEET TO THE END OF SAID CURVE; THENCE RUN N. 20°22'44" W. FOR A DISTANCE OF 53.36 FEET; THENCE RUN S. 20"22'44" E., FOR A DISTANCE OF 53.36 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 19"16'02" W. A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 19"18'06", SUBTENDED BY A CHORD OF 321.21 FEET AT A BEARING OF N. 61°04'55" E., FOR A DISTANCE OF 322.73 FEET TO THE END OF SAID CURVE; THENCE RUN N. 34"25'42" E. FOR A DISTANCE OF 13.96 FEET; THENCE RUN N. 49°25'42" E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 64°25'42" E. FOR A DISTANCE OF 13.96 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 42°34'29" W. A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF THE SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 17°54'44", SUBTENDED BY A CHORD OF 298.28 FEET AT A BEARING OF N. 38°28'10" E., FOR A DISTANCE OF 299.50 FEET TO THE END OF SAID CURVE; THENCE RUN N. 60°29'12" W. FOR A DISTANCE OF 41.30 FEET; THENCE RUN S. 60°29'12" E. FOR A DISTANCE OF 41.30 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 60°29'12" W. A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 09°40'11", SUBTENDED BY A CHORD OF 161.49 FEET AT A BEARING OF N. 24°40'42" E., FOR A DISTANCE OF 161.68 FEET TO THE END OF SAID CURVE; THENCE RUN N. 19050'37" E. FOR A DISTANCE OF 147.02 FEET; THENCE RUN N. 04°50'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19°50'37'' E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 34"50'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19"50'37" E. FOR A DISTANCE OF 72.23 FEET; THENCE RUN N. 04"50'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19"50'37" E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 34°50'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19050'37" E. FOR A DISTANCE OF 91.93 FEET; THENCE RUN N. 70°09'23" W. FOR A DISTANCE OF 41.93 FEET; THENCE RUN S. 70°09'23'' E. FOR A DISTANCE OF 41.93 FEET;. THENCE RUN N. 19"50'37" E. FOR A DISTANCE OF 194.14 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF THE SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 10550 ABERNATHY STREET BONITA SPRINGS, FLORIDA 34135 9,I 1 992-0795 FAX 941-992-2327 HMA PROJECT #93.132X JULY 28, 1997 REF. DWG. B-2104 PAGE 2 OF 2 FEET, THROUGH A CENTRAL ANGLE OF 00°52'14", SUBTENDED BY A CHORD OF 60.66 FEET AT A BEARING OF N. 20°16'44'' E., FOR A DISTANCE OF 60.66 FEET TO THE END OF SAID CURVE; THENCE RUN N. 05°36'31" E. FOR A DISTANCE OF 18.36 FEET; THENCE RUN N. 20°36'31' E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 35°36'31' E. FOR A DISTANCE OF 21.94 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S. 68°09'11" E. A DISTANCE OF 3992.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 FEET, THROUGH A CENTRAL ANGLE OF 05°33'35", SUBTENDED BY A CHORD OF 387.21 FEET AT A BEARING OF N. 24°37'37" E., FOR A DISTANCE OF 387.36 FEET TO THE END OF SAID CURVE; THENCE RUN N. 12051'40" E. FOR A DISTANCE OF 12.08 FEET; THENCE RUN N. 27°51'40" E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 42°51'40" E. FOR A DISTANCE OF 12.08 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S. 61 °41'04" E. A DISTANCE OF 3992.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF THE SAID CURVE TO THE RIGHT, HAVlN¢~ A RADIUS OF 3992.00 FEET, THROUGH A CENTRAL ANGLE OF 02°42'51", SUBTENDED BY A CHORD OF 189.10 FEET AT A BEARING OF N. 29°40'22" E., FOR A DISTANCE OF 189.11 FEET TO THE END OF SAID CURVE; THENCE RUN N. 31 °01'48" E. FOR A DISTANCE OF 18.08 FEET TO THE END OF SAID CENTERLINE; CONTAINING 0.939 ACRE, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE SOUTHERLY BOUNDARY OF TRACT U-l, OF FIDDLER'S CREEK PHASE lB, UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 35 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S. 74°51 '50" W. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 BY THOMAS M. MURP IY ! P.S.M. #5628 STATE OF FLORIDA O© Z 0 0]~ ZZ -< Zo~ DO0 qc O~ g~ C zZZzZZZZzZzZz:zZzZZZZZz~ Preserving and enhancing Florida's quality of life since 1966 PROJECT HMA # 93.132 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS REF. DWG. # B-2102-1 SEPTEMBER 17, 1997 PAGE 1 OF 2 LEGAL DESCRIPTION: A PORTION OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND A PORTION OF CHAMPIONSHIP DRIVE OF MARCO SHORES UNIT 30 GOLF COURSE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF SECTION 15,TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.00°18'41"E., ALONG THE WEST LINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 15, FOR A DISTANCE OF 1342.90 FEET; THENCE DEPARTING THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 15, RUN S.89°41'19"E., FOR A DISTANCE OF 43.55 FEET, TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.45°18'43"E., FOR A DISTANCE OF 17.54 FEET; THENCE RUN S.89°13'35"F~, FOR A DISTANCE OF 51.76 FEET; -THENCE RUN N.88°28'59"E-, FOR A DISTANCE OF 75.06 FEET; THENCE RUN S.89o13,35"E., FOR A DISTANCE OF 46.88 FEET; THENCE RUN S.70°44'05"E., FOR A DISTANCE OF 103.24 FEET; THENCE RUN S.46°14'05"E., FOR A DISTANCE OF 76.39 FEET; THENCE RUN S.66°44'05"E., FOR A DISTANCE OF 60.55 FEET; THENCE RUN S.89o13,35-E., FOR A DISTANCE OF 151.26 FEET; THENCE RUN N.68°15'55"E., FOR A DISTANCE OF 75.41 FEET; THENCE RUN S.74°14'05"E-, FOR A DISTANCE OF 17.55 FEET; THENCE RUN S.89°14'05"E-, FOR A DISTANCE OF 34.10 FEET; THENCE RUN N.75o45,55-E., FOR A DISTANCE OF 13.04 FEET; THENCE RUN S.89°14'05"E-, FOR A DISTANCE OF 285.27 FEET; THENCE RUN S.74°14'05"E.. FOR A DISTANCE OF 13.23 FEET; THENCE RUN S.89°14'05"E-. FOR A DISTANCE OF 38.03 FEET; THENCE RUN N.75o45,55-E., FOR A DISTANCE OF 13.23 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 406.96 FEET; THENCE RUN S.74°14'05"E-, FOR A DISTANCE OF 13.50 FEET; THENCE RUN S.89°14'05"E-, FOR A DISTANCE OF 38.03 FEET; THENCE RUN N.75o45,55-E., FOR A DISTANCE OF 13.50 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 189.82 FEET; THENCE RUN S.43°23'11"E., FOR A DISTANCE OF 43.39 FEET; THENCE RUN S.01°36'49"W., FOR A DISTANCE OF 90.99 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE OF MARCO SHORES UNIT 30 GOLF COURSE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N.09°17'28"E., A DISTANCE OF 1,209.67 FEET 'THEREFROM; THENCE RUN WESTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID CHAMPIONSHIP DRIVE AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,209.67 FEET, THROUGH A CENTRAL ANGLE OF 00°43'03", SUBTENDED BY A CHORD OF 15.15 FEET AT A BEARING OF N.80°21'00"W., FOR A DISTANCE OF 15.15 FEET TO THE END OF SAID CURVE; THENCE RUN N.01°36'49"E., FOR A DISTANCE OF 82.65 FEET; THENCE RUN N.43°23'11"W., FOR A DISTANCE OF 30.83 FEET; THENCE RUN N.89°14'05"W-, FOR A DISTANCE OF 91.15 FEET; THENCE RUN S.78o08,16-W.,- FOR A DISTANCE OF 105.53 FEET; THENCE RUN S.79°46'25"W., FOR A DISTANCE OF40.65 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 419.19 FEET; THENCE RUN S.75°45'55"W-~ FOR A DISTANCE OF 13.23 FEET; THENCE RUN N.89o14,05-W., FOR A DISTANCE OF 40.66 FEET; THENCE RUN N.74°14'05"W., FOR A DISTANCE OF 13.27 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 35.50 FEET; THENCE RUN N.77°58'35"W., FOR A DISTANCE OF 157.48 FEET; THENCE RUN N.89014,05-W., FOR A DISTANCE OF 91.98 FEET; THENCE RUN S.75°45'55"W-, FOR A 10550 ABERNATHY STREET BONITA SPRINGS, FLORIDA 34135 941-992-0795 FAX 941-992-2327 PROJECT HMA # 93.132 REF. DWG. # B-2102-1 SEPTEMBER 17, 1997 PAGE 2 OF 2 DISTANCE OF 13.04 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 38.05 FEET; THENCE RUN N.74°14'05"W., FOR A DISTANCE OF 14.43 FEET; THENCE RUN S.68°15'55"W., FOR A DISTANCE OF 73.30 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 157.23 FEET; THENCE RUN N.66°44'05"W., FOR A DISTANCE OF 66.25 FEET; THENCE RUN N.46°14'05"W., FOR A DISTANCE OF 75.85 FEET; THENCE RUN N.70°44'05"W., FOR A DISTANCE OF 97.54 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 44.14 FEET; THENCE RUN S.88°28'59"W., FOR A DISTANCE OF 75.06 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 45.78 FEET; THENCE RUN S.45°18'43"W., FOR A DISTANCE OF 11.25 FEET; THENCE RUN N.44°41'17"W., FOR A DISTANCE OF 15.00 FEET, TO THE POINT OF BEGINNING; CONTAINING 1.107 ACRES, MORE OR LESS. THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHEAST ONE- QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, P~NGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.00°18'41"E. HOLE, MONTES AND ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 THOMAS M. MuRpHY,~ / P.S.M. #5628 STATE OF FLORIDA '1:7~r..._ / ~/ W N 00'18'41" E -- -- __ 1 342.90' LINE OF THE NE 1/4 OFTM ..... o '-~ :~, / bL(-;flON 15-51 Z AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER On this 25th day of July personally appeared Clifford 01son the FIDDLER,S CREEK COMMUNITY , 1997, before me , as Vice Chairman of DEVELOPMENT DISTRICT (the "District,,), to me personally known (hereinafter "Affiant"), who, being duly sworn on his oath, did say that no claims have been made to the District by, nor is any suit now pending on behalf of a contractor, subcontractor, laborer or materialman against the District, and further that no chattel mortgages or bills of sale have been given by the District, or are now outstanding, as to the subject water and sewer utility facilities placed upon or installed on the premises described on the attached Exhibit "A". Affiant further says that the District has not encumbered the water and sewer utility facilities described herein by a real property mortgage, chattel mortgage, security agreement, Uniform Commercial Code Financing Statement or any other encumbrance. The water and sewer utility facilities referred to herein are located within the real property described in the attached Exhibit "a". IN WITNESS WHEREOF, Affiant has caused these presents to be executed the date and year first above written. Fiddlers\Utility\Unit2.1 B\Affidav.324 Phase 1 B, [Init 2 Attest: ~(~t W~Oa~a~'d:' ~L Secretary FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT By: Its Vice Chairman STATE OF FLORIDA COUNTY OF COLLIER The foregoing Affidavit was sworn to and subscribed to before me by Clifford 01son , Vice Chairman of the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, on behalf of the Fiddler's Creek Community Development District, who is personally known to me o~ .... ~ a~,..~i~~ication and he did take an oath. WITNESS my hand and official seal thi~-~'~"day , 1997. ..-'~." '.47-. Stephne Lynette Watts :'*:=_~..~..,~...'.~g~... .:.-~ '{.~ MY COMMISSION April 22, # CC6367262001 EXPIRES · ,,,?~,,~<~;*" BONI~D THRU TI~Y FAIN INSUPuU~CE, INC. Notal~y Pub~ Pr int Name~~']£1~. My commission Prepared by: Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 640 Naples, Florida 34108 Fiddlers\Utility\ Unit2.1 B\Affidav .J24 Phase lB, Unit 2 EXItIBIT "A" Tract R and all C.U.E.'s as recorded on the plat of Fiddler's Creek, Phase lB, Unit Two, Plat Book _~, Pages _] - g/ , of the Public Records of Collier County, Florida. \XHma_715\WP\1993\93132\WTC\exalbu270716.doc Z P'l O0 '13 -D O O Z Z -~ --4 O O --r1 -r1 m z --4 Z~zzz ~00~ ~mm~ ~O~ O~ m~o ~ZCZ~oO~O~ZZ~Z~ C .... Ommcmm ........ ~ z~m~ · ~ Z ,',~Ul'i I ' ~o~Z~> ~ ~-- ~0 ~~O~m~>mmmm~C ~ 0~ ~ ~0~0~ o>>>>~' ~_>>>>~>mZ¢~>~ ©mmmmom~z~<©mmmmZZZ~ ~OZ~ ~0~ ~0 -- ~__ > .~ O~m 0~ ~ m~ ~Om~''---' ~m~l ~ ~ ~z > ~ mm ~ mmm% ~ ~C~L ~'' u~o ~~ z~ m>zzzm mzmr ~om ~mm~m m~ ~mmmo I ZE- m ~" ~ ~o m~m~ · ? 0~ ~ ZZZCC OZ ~ z5 ~ o > 0 m 0 Z ~mo ~o~z mz~ O~ mO oz O~ 0 c FJIHIBIT "-i~[~" __ Preserving and enhancing Florida's qua#ty of life since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS HMA PROJECT #93.132X JULY 28, 1997 REF. DWG. B-2104 PAGE 1 OF 2 A 15.00 FOOT WIDE STRIP OF LAND LOCATED IN A PORTION OF SECTIONS 14 AND 23, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHEASTERLY CORNER OF TRACT U-l, OF FIDDLER'S CREEK PHASE lB, UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 35 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S. 74°51'50" W., ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT U-l, FOR A DISTANCE OF 30.00 FEET; THENCE DEPARTING THE BOUNDARY OF SAID TRACT U-l, RUN S. 12°16'25" E. FOR A DISTANCE OF 8.01 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE HEREIN DESCRIBED; THENCE RUN N. 74"51'50" E. FOR A DISTANCE OF 260.68 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 04°07'52", SUBTENDED BY A CHORD OF 69.06 FEET AT A BEARING OF N. 72°47'54" E., FOR A DISTANCE OF 69.07 FEET TO THE END OF SAID CURVE; THENCE RUN N. 20022'44" W. FOR A DISTANCE OF 53.36 FEET; THENCE RUN S. 20°22'44" E., FOR A DISTANCE OF 53.36 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 19"16'02" W. A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 19018'06", SUBTENDED BY A CHORD OF 321.21 FEET AT A BEARING OF N. 61°04'55" E., FOR A DISTANCE OF 322.73 FEET TO THE END OF SAID CURVE; THENCE RUN N. 34°25'42" E. FOR A DISTANCE OF 13.96 FEET; THENCE RUN N. 49°25'42" E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 64°25'42" E. FOR A DISTANCE OF 13.96 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 42°34'29" W. A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF THE SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 17°54'44", SUBTENDED BY A CHORD OF 298.28 FEET AT A BEARING OF N. 38°28'10" E., FOR A DISTANCE OF 299.50 FEET TO THE END OF SAID CURVE; THENCE RUN N. 60°29'12" W. FOR A DISTANCE OF 41.30 FEET; THENCE RUN S. 60°29'12" E. FOR A DISTANCE OF 41.30 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 60°29'12" W. A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 09°40'11", SUBTENDED BY A CHORD OF 161.49 FEET AT A BEARING OF N. 24"40'42" E., FOR A DISTANCE OF 161.68 FEET TO THE END OF SAID CURVE; THENCE RUN N. 19°50'37" E. FOR A DISTANCE OF 147.02 FEET; THENCE RUN N. 04050'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19°50'37'' E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 34050'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19050'37" E. FOR A DISTANCE OF 72.23 FEET; THENCE RUN N. 04°50'37'' E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19°50'37" E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 34"50'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19"50'37" E. FOR A DISTANCE OF 91.93 FEET; THENCE RUN N. 70°09'23'' W. FOR A DISTANCE OF 41.93 FEET; THENCE RUN S. 70°09'23" E. FOR A DISTANCE OF 41.93 FEET; THENCE RUN N. 19050'37" E. FOR A DISTANCE OF 194.14 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF THE SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 10550 ABERNATHY STREET BONITA SPRINGS FLORIDA 34135 941-992 0795 FAX 941 992 2327 HMA PROJECT #93.132X JULY 28, 1997 REF. DWG. B-2104 PAGE 2 OF 2 FEET, THROUGH A CENTRAL ANGLE OF 00°52'14", SUBTENDED BY A CHORD OF 60.66 FEET AT A BEARING OF N. 20°16'44" E., FOR A DISTANCE OF 60.66 FEET TO THE END OF SAID CURVE; THENCE RUN N. 05°36'31'' E. FOR A DISTANCE OF 18.36 FEET; THENCE RUN N. 20°36'31' E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 35°36'31' E. FOR A DISTANCE OF 21.94 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S. 68°09'11" E. A DISTANCE OF 3992.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 FEET, THROUGH A CENTRAL ANGLE OF 05o33'35", SUBTENDED BY A CHORD OF 387.21 FEET AT A BEARING OF N. 24°37'37" E., FOR A DISTANCE OF 387.36 FEET TO THE END OF SAID CURVE; THENCE RUN N. 12°51'40" E. FOR A DISTANCE OF 12.08 FEET; THENCE RUN N. 27°51'40" E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 42°51'40" E. FOR A DISTANCE OF 12.08 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S. 61°41'04" E. A DISTANCE OF 3992.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF THE SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 FEET, THROUGH A CENTRAL ANGLE OF 02°42'51", SUBTENDED BY A CHORD OF 189.10 FEET AT A BEARING OF N. 29°40'22" E., FOR A DISTANCE OF 189.11 FEET TO THE END OF SAID CURVE; THENCE RUN N. 31°01'48'' E. FOR A DISTANCE OF 18.08 FEET TO THE END OF SAID CENTERLINE; CONTAINING 0.939 ACRE, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE SOUTHERLY BOUNDARY OF TRACT U-l, OF FIDDLER'S CREEK PHASE lB, UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 35 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S. 74°51'50" W. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 BY THOMAS M. MURPHY ! P.S.M. #5628 -STATE OF FLORIDA >.-. ZZ ~0 Preserving and enhancing Florida's quality of life since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS PROJECT HMA # 93.132 REF. DWG. # B-2102-1 SEPTEMBER 17, 1997 PAGE 1 OF 2 LEGAL DESCRIPTION: A PORTION OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND A PORTION OF CHAMPIONSHIP DRIVE OF MARCO SHORES UNIT 30 GOLF COURSE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF SECTION 15,TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.00°18'41"E., ALONG THE WEST LINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 15, FOR A DISTANCE OF 1342.90 FEET; THENCE DEPARTING THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 15, RUN S.89°41'19"E., FOR A DISTANCE OF 43.55 FEET, TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.45°18'43"E., FOR A DISTANCE OF 17.54 FEET; THENCE RUN S.89°13'35"E., FOR A DISTANCE OF 51.76 FEET; THENCE RUN N.88°28'59"E., FOR A DISTANCE OF 75.06 FEET; THENCE RUN S.89°13'35"E., FOR A DISTANCE OF 46.88 FEET; THENCE RUN S.70°44'05"E., FOR A DISTANCE OF 103.24 FEET; THENCE RUN S.46°14'05"E., FOR A DISTANCE OF 76.39 FEET; THENCE RUN S.66°44'05"E., FOR A DISTANCE OF 60.55 FEET; THENCE RUN S.89°13'35"E., FOR A DISTANCE OF 151.26 FEET; THENCE RUN N.68°15'55"E., FOR A DISTANCE OF 75.41 FEET; THENCE RUN S.74°14'05"E., FOR A DISTANCE OF 17.55 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 34.10 FEET; THENCE RUN N.75°45'55"E., FOR A DISTANCE OF 13.04 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 285.27 FEET; THENCE RUN S.74°14'05"E., FOR A DISTANCE OF 13.23 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 38.03 FEET; THENCE RUN N.75°45'55"E., FOR A DISTANCE OF 13.23 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 406.96 FEET; THENCE RUN S.74°14'05"E., FOR A DISTANCE OF 13.50 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 38.03 FEET; THENCE RUN N.75°45'55"E., FOR A DISTANCE OF 13.50 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 189.82 FEET; THENCE RUN S.43°23'1 I"E., FOR A DISTANCE OF 43.39 FEET; THENCE RUN S.01°36'49"W., FOR A DISTANCE OF 90.99 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE OF MARCO SHORES UNIT 30 GOLF COURSE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N.09°17'28"E., A DISTANCE OF 1,209.67 FEET 'THEREFROM; THENCE RUN WESTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID CHAMPIONSHIP DRIVE AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,209.67 FEET, THROUGH A CENTRAL ANGLE OF 00°43'03", SUBTENDED BY A CHORD OF 15.15 FEET AT A BEARING OF N.80°21'00"W., FOR A DISTANCE OF 15.15 FEET TO THE END OF SAID CURVE; THENCE RUN N.01°36'49"E., FOR A DISTANCE OF 82.65 FEET; THENCE RUN N.43°23'11"W., FOR A DISTANCE OF 30.83 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 91.15 FEET; THENCE RUN S.78°08'16"W.,-FOR A DISTANCE OF 105.53 FEET; THENCE RUN S.79°46'25"W., FOR A DISTANCE OF40.65 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 419.19 FEET; THENCE RUN S.75°45'55"W.~ FOR A DISTANCE OF 13.23 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 40.66 FEET; THENCE RUN N.74°14'05"W., FOR A DISTANCE OF 13.27 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 35.50 FEET; THENCE RUN N.77°58'35"W., FOR A DISTANCE OF 157.48 FEET; THENCE RUN N.89014'05"W., FOR A DISTANCE OF 91.98 FEET; THENCE RUN S.75°45'55"W., FOR A 10550 ABERNATHY STREET BONITA SPRINGS, FLORIDA 34135 941-992-0795 FAX 941-992-2327 PROJECT HMA # 93.132 REF. DWG. # B-2102-1 SEPTEMBER 17, 1997 PAGE 2 OF 2 DISTANCE OF 13.04 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 38.05 FEET; THENCE RUN N.74°14'05"W., FOR A DISTANCE OF 14.43 FEET; THENCE RUN S.68°15'55"W., FOR A DISTANCE OF 73.30 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 157.23 FEET; THENCE RUN N.66°44'05"W., FOR A DISTANCE OF 66.25 FEET; THENCE RUN N.46°14'05"W., FOR A DISTANCE OF 75.85 FEET; THENCE RUN N.70°44'05"W., FOR A DISTANCE OF 97.54 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 44.14 FEET; THENCE RLIN S.88°28'59"W., FOR A DISTANCE OF 75.06 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 45.78 FEET; THENCE RUN S.45°18'43"W., FOR A DISTANCE OF 11.25 FEET; THENCE RUN N.44°41'17"W., FOR A DISTANCE OF 15.00 FEET, TO THE POINT OF BEGINNING; CONTAINING 1.107 ACRES, MORE OR LESS. THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHEAST ONE- QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.00°18'41"E. HOLE, MONTES AND ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 T~OMAS M. MURPH'F ~' P.S.M. #5628 STATE OF FLORIDA Z N 00'18'41" E W LINE OF THE 1342.90' NE 1/4 OF SECTION 15-51-26 / / / // / · 3;0 ~0 ~m '~ ---I © ATTORNEY'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER ON THIS day of ~ L , 1997, before me personally appeared ANTHONY P."/P~S, JR., a licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number is 801 Laurel Oak Drive, Suite 640, Naples, Florida 34108, (941) 566-3131 (hereinafter "Affiant"), who, being duly sworn on his oath does say: 1. This Affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District to accept from the Fiddler's Creek Community Development District (the "District"), the conveyance of water and sewer utility facilities located within or upon the real property described in the attached Exhibit "A", said land being located in Collier County, Florida. 2. The Affiant is the counsel of record for the District. 3. The Affiant has reviewed and relied upon the Attorney's Affidavit of Mark J. Woodward dated 3uly 28 , 1997, in the transaction whereby the District acquired title to the items referenced in the Bill of Sale and Utilities Facilities Warranty Deed from Gulf Bay 100, Ltd. and Parcel Z, Inc. d/b/a 951 Land Holdings Joint Venture ("951 Land Holdings"), a copy of said Bill of Sale and Utilities Facilities Warranty Deed being attached hereto as Exhibits "B" and "C" respectively, and further Affiant has relied upon Mark J. Woodward's examination of record title information to both the real and personal property referenced in his affidavit, including but not limited to, information requested from the Florida Secretary of State relative to any Uniform Commercial Code financing statements. 4. The owner of the property being conveyed by the Bill of Sale and Utilities Facilities Warranty Deed to Collier County is the Fiddler's Creek Community Development District (hereinafter "District"). The District acquired title to the subject property by the aforesaid instruments from 951 Land Holdings. 5. The Affiant has reviewed and examined information obtained from the State of Florida as to the Fiddler's Creek Community Development District and has determined that the Fiddler's Creek Community Development District has been duly F~ddlers\Ut ~ ~it~\Un~t2.1B\AttAff.J24 Phase 18, Unl established as a community development district pursuant to the laws of the State of Florida and that Larry Mullins, as chairman and Clifford A. Olson as Vice-Chairman of the Fiddler's Creek Community Development District, are authorized to execute the instruments on behalf of the District in conjunction with the conveyance of the subject water and sewer facilities. 6. Affiant further states that the Fiddler's Creek Community Development District has not executed any mortgage, lien or other instrument or document which could or might have the effect of of the creating a lien or encumbrance upon all or~a_~n! porti~on property herein. ~~~ Florida Bar No.: 0203671 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Attorney's Affidavit was sworn to and subscribed before me this¢_.~%-b' day of ~--~%[~Pc" , 1997, by ANTHONY P. PIRES, JR., who is personally known ~ me and who did take an oath. WITNESS my hand and official seal this~;~ day of ,~tA~- , 1997. NOTARY-PUBLIC -- (prin~ or type) My Commission Expires: This instrument prepared by: Anthony P. Pires, Jr. Woodward, Pires &Lombardo, P.A. 801 Laurel Oak Drive, suite 640 Naples, Florida 34108 Fiddlers\Uti[ity\Unit2.1B\AttAff'J24 Phase lB, Unit ~ EXHIBIT "A" Tract R and all C.U.E.'s as recorded on the plat of Fiddler's Creek, Phase lB, Unit Two, Plat Book ~__~, Pages ___]_7_~, of the Public Records of Collier County, Florida. \'&Ima__715\WP\1993\93132\WTC\exal bu270716.doc P- m ZCzzZ ~m~ m ~z 8~~ ~~ ~S~Z~~cl~o ~m~ o o%c°°°°°>m~~o_2 >~oo~~ >>>>,.S ~z~¢~¢~>~P ZZZZ~ ~¢O>ZzZz~~mm mmmm~ ~mmmmoZZn m~O ~z~OOO~ o~°~o~~ ObNo- m ze' ' ' em ~0~ ozzz~,, o~ ~..~¢~ ~z~Z~ ~Zzz~ m o' o mO m~ ~ ~Zo m c~C e ~ ~CcC~ ~mo ~ Z --- Zz ~0 Z > ~ ,S © © Preserving and enhancing Florida's quality of life since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS HMA PROJECT #93.132X JULY 28, 1997 REF. DWG. B-2104 PAGE I OF 2 A 15.00 FOOT WIDE STRIP OF LAND LOCATED IN A PORTION OF SECTIONS 14 AND 23, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHEASTERLY CORNER OF TRACT U-l, OF FIDDLER'S CREEK PHASE lB, UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 35 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, THENCE RUN S 74°51'50" W, ALONG THE SOUTHERLY BOUNDARY OF SAID FLORIDA; ' ' · G THE BOUNDARY OF TRACT U-I, FOR A DISTANCE OF 30.00 FEET, THENCE DEPARTIN SAID TRACT U-l, RUN S. 12016'25'' E. FOR A DISTANCE OF 8.01 FEET TO THE POINT OF. BEGINNING OF THE CENTERLINE HEREIN DESCRIBED; THENCE RUN N. 74°51 '50" E. FOR A DISTANCE OF 260.68 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 04°07'52", SUBTENDED BY A CHORD OF 69.06 FEET AT A BEARING OF N. 72047'54" E., FOR A DISTANCE OF 69.07 FEET TO THE END OF SAID CURVE; THENCE RUN N. 20°22'44" W. FOR A DISTANCE OF 53.36 FEET; THENCE RUN S. 20°22'44" E., FOR A DISTANCE OF 53.36 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 19°16'02" W. A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 19°18'06", SUBTENDED BY A CHORD OF 321.21 FEET AT A BEARING OF N. 61°04'55" E., FOR A DISTANCE OF 322.73 FEET TO THE END OF SAID CURVE; THENCE RUN N. 34°25'42" E. FOR A DISTANCE OF 13.96 FEET; THENCE RUN N. 49°25'42" E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 64°25`42" E. FOR A DISTANCE OF 13.96 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 42°34'29" W. A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF THE SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 17°54'44", SUBTENDED BY A CHORD OF 298.28 FEET AT A BEARING OF N. 38°28'10" E., FOR A DISTANCE OF 299.50 FEET TO THE END OF SAID CURVE; THENCE RUN N. 60°29'12" W. FOR A DISTANCE OF 41.30 FEET; THENCE RUN S. 60°29'12" E. FOR A DISTANCE OF 41.30 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 60°29'12'' W. A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 09°40'11", SUBTENDED BY A CHORD OF 161.49 FEET AT A BEARING OF N. 24°40'42" E., FOR A DISTANCE OF 161.68 FEET TO THE END OF SAID CURVE; THENCE RUN N. 19°50'37'' E. FOR A DISTANCE OF 147.02 FEET; THENCE RUN N. 04°50'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19050'37" E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 34°50'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19050'37" E. FOR A DISTANCE OF 72.23 FEET; THENCE RUN N. 04°50'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19050'37'' E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 34°50'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19°50'37'' E. FOR A DISTANCE OF 91.93 FEET; THENCE RUN N. 70°09'23" W. FOR A DISTANCE OF 41.93 FEET; THENCE RUN S. 70°09'23" E. FOR A DISTANCE OF 41.93 FEET; THENCE RUN N. 19050'37" E. FOR A DISTANCE OF 194.14 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF THE SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 10550 ABERNATHY STREET BONITA SPRINGS FLORIDA 34135 941992-0795 FAX 941-992 2327 HMA PROJECT #93.132X JULY 28, 1997 REF. DWG. B-2104 PAGE 2 OF 2 FEET, THROUGH A CENTRAL ANGLE OF 00"52'14", SUBTENDED BY A CHORD OF 60.66 FEET AT A BEARING OF N. 20°16'44" E., FOR A DISTANCE OF 60.66 FEET TO THE END OF SAID CURVE; THENCE RUN N. 05°36'31" E. FOR A DISTANCE OF 18.36 FEET; THENCE RUN N. 20°36'31' E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 35°36'31' E. FOR A DISTANCE OF 21.94 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S. 68°09'11" E. A DISTANCE OF 3992.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 FEET, THROUGH A CENTRAL ANGLE OF 05"33'35", SUBTENDED BY A CHORD OF 387.21 FEET AT A BEARING OF N. 24037'37" E., FOR A DISTANCE OF 387.36 FEET TO THE END OF SAID CURVE; THENCE RUN N. 12°51'40" E. FOR A DISTANCE OF 12.08 FEET; THENCE RUN N. 27°51'40" E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 42°51'40" E. FOR A DISTANCE OF 12.08 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S. 61°41'04" E. A DISTANCE OF 3992.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF THE SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 FEET, THROUGH A CENTRAL ANGLE OF 02°42'51", SUBTENDED BY A CHORD OF 189.10 FEET AT A BEARING OF N. 29°40'22" E., FOR A DISTANCE OF 189.11 FEET TO THE END OF SAID CURVE; THENCE RUN N. 31°01'48" E. FOR A DISTANCE OF 18.08 FEET TO THE END OF SAID CENTERLINE; CONTAINING 0.939 ACRE, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE SOUTHERLY BOUNDARY OF TRACT U-l, OF FIDDLER'S CREEK PHASE lB, UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 35 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S. 74°51'50" W. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. HOLE, MONT,~.S & ASSOCIATES, INC. CERTiFiCATE OF AUTHORIZATION LB #1772 ~THOMAS f~. MURP~IY [ P,S.M. #5628 -STATE OF FLORIDA Lq >- ZZ o~, 0 °o~o~o~o~o~ ~o~ooo~ ~ ¼~o~ o~- ~ 0 ,_ ..... qc 0 ~Zzzzzzzzz~zzzzzzzzzzzzz W ~888§8°~ ...... qC Preserving and enhancing Florida's quality of life since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS LEGAL DESCRIPTION: PROJECT HMA # 93.132 REF. DWG. # B-2102-1 SEPTEMBER 17, 1997 PAGE I OF 2 A PORTION OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND A PORTION OF CHAMPIONSHIP DRIVE OF MARCO SHORES UNIT 30 GOLF COURSE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF SECTION 15,TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.00°18'41"E., ALONG THE WEST LINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 15, FOR A DISTANCE OF 1342.90 FEET; THENCE DEPARTING THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 15, RUN S.89°41'19"E., FOR A DISTANCE OF 43.55 FEET, TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.45°18'43"E., FOR A DISTANCE OF 17.54 FEET; THENCE RUN S.89°13'35"E., FOR A DISTANCE OF 51.76 FEET; THENCE RUN N.88°28'59"E., FOR A DISTANCE OF 75.06 FEET; THENCE RUN S.89°13'35"E., FOR A DISTANCE OF 46.88 FEET; THENCE RUN S.70°44'05"E., FOR A DISTANCE OF 103.24 FEET; THENCE RUN S.46°14'05"E., FOR A DISTANCE OF 76.39 FEET; THENCE RUN S.66°44'05"E., FOR A DISTANCE OF 60.55 FEET; THENCE RUN S.89°13'35"E., FOR A DISTANCE OF 151.26 FEET; THENCE RUN N.68°15'55"E., FOR A DISTANCE OF 75.41 FEET; THENCE RUN S.74°14'05"E., FOR A DISTANCE OF 17.55 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 34.10 FEET; THENCE RUN N.75°45'55"E., FOR A DISTANCE OF 13.04 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 285.27 FEET; THENCE RUN S.74°14'05"E., FOR A DISTANCE OF 13.23 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 38.03 FEET; THENCE RUN N.75°45'55"E., FOR A DISTANCE OF 13.23 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 406.96 FEET; THENCE RUN S.74°14'05"E., FOR A DISTANCE OF 13.50 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 38.03 FEET; THENCE RUN N.75°45'55"E., FOR A DISTANCE OF 13.50 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 189.82 FEET; THENCE RUN S.43°23'11"E., FOR A DISTANCE OF 43.39 FEET; THENCE RUN S.01°36'49"W., FOR A DISTANCE OF 90.99 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE OF MARCO SHORES UNIT 30 GOLF COURSE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N.09°17'28"E., A DISTANCE OF 1,209.67 FEET 'THEREFROM; THENCE RUN WESTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID CHAMPIONSHIP DRIVE AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,209.67 FEET, THROUGH A CENTRAL ANGLE OF 00043'03", SUBTENDED BY A CHORD OF 15.15 FEET AT A BEARING OF N.80°21'00"W., FOR A DISTANCE OF 15.15 FEET TO THE END OF SAID CURVE; THENCE RUN N.01°36'49"E., FOR A DISTANCE OF 82.65 FEET; THENCE RUN N.43°23'11"W., FOR A DISTANCE OF 30.83 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 91.15 FEET; THENCE RUN S.78°08'16"W.,-FOR A DISTANCE OF 105.53 FEET; THENCE RUN S.79°46'25"W., FOR A DISTANCE OF40.65 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 419.19 FEET; THENCE RUN S.75°45'55"W.~ FOP, A DISTANCE OF 13.23 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 40.66 FEET; THENCE RUN N.74°14'05"W., FOR A DISTANCE OF 13.27 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 35.50 FEET; THENCE RUN N.77°58'35"W., FOR A DISTANCE OF 157.48 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 91.98 FEET; THENCE RUN S.75°45'55"W., FOR A 10550 ABERNATHY STREET BONITA SPRINGS. FLORIDA 34135 941-992-0795 FAX 941-992-2327 PROJECT HMA # 93.132 REF. DWG. # B-2102-1 SEPTEMBER 17, 1997 PAGE 2 OF 2 DISTANCE OF 13.04 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 38.05 FEET; THENCE RUN N.74°14'05"W., FOR A DISTANCE OF 14.43 FEET; THENCE RUN S.68o15'55"W., FOR A DISTANCE OF 73.30 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 157.23 FEET; THENCE RUN N.66°44'05"W., FOR A DISTANCE OF 66.25 FEET; THENCE RUN N.46°14'05"W-, FOR A DISTANCE OF 75.85 FEET; THENCE RUN N.70o44'05"W., FOR A DISTANCE OF 97.54 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 44.14 FEET; THENCE RL)N S.88°28'59"W., FOR A DISTANCE OF 75.06 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 45.78 FEET; THENCE RUN S.45o18'43"W., FOR A DISTANCE OF 11.25 FEET; THENCE RUN N.44°41'17"W., FOR A DISTANCE OF 15.00 FEET, TO THE POINT OF BEGINNING; CONTAINING 1.107 ACRES, MORE OR LESS. THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHEAST ONE- QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.00°18'41"E. HOLE, MONTES AND ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 P.S.M. #5628 STATE OF FLORIDA Z BILL OF SALE · THIS BILL OF SALE evidencing the sale and conveyance of the water and sewer utility facilities described herein is made this day of July, 1997, by Gulf Bay 100, LTD., a Florida Limited Partnership, and Parcel Z, Inc., a Florida corporation, d/b/a 951 LAND HOLDINGS JOINT VENTURE (hereinafter referred to as ,'Seller") and Fiddler's Creek Community Development District, its successors and assigns (hereinafter referred to as "Buyer") · W I T N E S S E T H : That said Seller, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Seller in hand paid by the said Buyer, receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the Buyer, and the Buyer's heirs, successors and assigns forever, all those certain water and sewer utility facilities lying within the following described land, together with any appurtenant easement rights of Seller for the operation, installation and maintenance of said water and sewer utility facilities, situate, lying and being in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful owner of the said goods and chattels herein referred to as water and sewer utility facilities; that said goods and chattels are free from all liens and encumbrances; that it has good right, title and authority to sell same, and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoever. Seller and Buyer are used for singular and 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 951 LAND HOLDINGS JOINT VENTURE in the presence of: By: Gulf Bay 100, Ltd., a Florida Limited Partnership Print rName :~-%0~h n-f~t 0 L~ ~-~ Print Name By: Gulf Bay 100, Inc., a Florida corporation, as its General partner and behalf of itself on By: Mark Wo dward, ~_.~ ~.o~ Vice President STATE OF FLORIDA COUNTY OF COLLIER The foregoing Bill of Sale was acknowledged before me by Mark J. Woodward, Vice President of Gulf Bay 100, Inc., a Florida corporation, on behalf of Gulf Bay 100, Inc. and as General Partner of Gulf Bay 100, Ltd., a Florida Limited Partnership. He is personally known to me and did not take an oath. ~~d I~ WITNESS my hand and official seal thi ay of ~(-/. ~t , 1997 · ";;~""~ ,~¥ co,~,~,ss~o. # cc~'~ ~x.,~s K~IBIT "~ " -~ota~y PubI~ i ~ · ; ..~.~ Print Name:~~/%~3~fg~f ~ My Commission E~xpires:Q ~age 1 of 2 FROM :WOODWARD, pIRES & LOMB~R TO Parcel corporation [nc.~ a Florida Print Name:~ BY:~nt STATE OF NEW yORE COUNTY O~ NEW YORK The foregoing Bill of sale was sworn to and subscribed before me by T- SANO, President of Parcel Z, Inc., on behalf of the corporation-He is personally known to me and did not take an oath. ~ ~ WITNESS my hand and official seal this 1~ day of ~ (SEAL) g Print-Name: Commission Expires: This instrument prepared by: Mark J- woodward woodward, Pires &Lombardo, P.A. 801 Laurel Oak Drive, suite 640 Napleg, Florida 34108 Fidd[er$\Ut~ Liz¥\Un~ t2.11~\1~i !. LSn~ e. dP.4 Page 2 of 2 This instrument prepared by: Mark J. Woodward, Esquire Woodward, Pires &Lombardo, P.A. 801 Laurel Oak Drive, suite 640 Naple6, FL 34108 UTILITY FACILITIES WARRANTY DEED THIS INDENTURE made this day of July, 1997, between Gulf Bay 100, LTD., a Florida Limited Partne~ship, and PARCEL Z, INC., a Florida corporation, d/b/a 951 LAND HOLDINGS JOINT VENTURE, its successors and assigns (hereinafter referred to as ,,Grantor") whose principal office address is 4001 Tamiami Trail North, suite 350, Naples, Florida 34103 and FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as ,,Grantee"), whose address is c/o Anthony P. Pires, Jr., $01 Laurel Oak Drive, suite 640, Naples, Florida, 34108. W I T N E S S E T H : That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Grantor in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs, successors and assigns forever, all water and sewer utility facilities lying within the following described land, together with appurtenant easement rights for the operation, installation and maintenance of said water and sewer utility facilities, situate, lying and being in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) and said Grantor does hereby fully warrant the title to said water and sewer utility facilities, and will defend the same against the lawful claims of all persons whomsoever. For the purposes of this conveyance, the water and sewer utility facilities conveyed herein shall not be deemed to convey any of the lands described in Exhibit "A". Grantor and Grantee are used for singular and plural, as context requires. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. signed, sealed and delivered in the presence of: 951 LAND HOLDINGS JOINT VENTURE By: Gulf Bay 100, Ltd., a Florida Limited Partnership By: Gulf Bay 100, Inc., a Florida Corporation, as its Genera~ Partner and on behalf of itself Mark dward, Vice Presiden STATE OF FLORIDA COUNTY OF COLLIER The fg~egoing Utility Facilities Warranty Deed was acknowledged befor me thi~ day of July, 1997, by Mark J. Woodward, Vice President of Gu] Bay 100, Inc., a Florida corporation, on behalf of Gulf Bay 100, Inc. and ~ General Partner of Gulf Bay 100, Ltd., a Florida Limited Partnership. He J personally known to me and did not take SEAL) ;~.~;."~;;; Stephne Lynette Watts "-.: ~ :,'-- MY COMMISSION//CC636726 EXPIRES · ".~'-~ April 22, 2001 ,,,.,,~; BONDEO TH~U TROY FAIN INSURANCE, iNC. Notary Public ~ Commission No. My Commission Expires: Fiddlers\Uti lity\Uni t2.1B\uti l-~JO. J24 Page 1 of ~ ' FROH :~OOD~R~, P~RES & LOHB~R TO Pri. nt Name: Print Name: _ ;Y~/c,/ /"3/$~7~ .- PARCEL Z, INC., a Florida corporation my: t -T. ~ano, Presiden STATE OF NEW YORK COLrNTY OF NEW YORK The foregoing Utility Facilities Warranty Deed was acknowledged before , 1997, by T. SANO, President of me this ~W*~ day of 3~[~ Parcel Z~ In~., on behalf' of the corporation. He is personally known to me and did not take an oath. P~int Na~e?~ Notary Public Commission No. My Commission Expires: JOHN A. MARA~ ~ Notary P~I~, State of New Y~ No. 0~A~38~ ~ (SE~) ~alified in ~stc~ster C~ : ~mmission Expires June 20, 1~8 F{ddCers\Ut~it~Un~:2.1B\U:~L'WO.d~ Page 2 of 2 This instrument prepared by: Mark J. Woodward Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 640 Naples, Florida 34108 ATTORNEY'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER ON THIS ~_~~ day of ~'~n , 1997, before me personally appeared MARK J. WOGIDWARD, a licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number is 801 Laurel Oak Drive, Suite 640, Naples, Florida 34108, (941) 566-3131 (hereinafter "Affiant"), who, being duly sworn on his oath does say: 1. This Affidavit is given as an inducement to the Fiddler's Creek Community Development District (the "District") to accept the conveyance of water and sewer utility facilities located within or upon the real property described in the attached Exhibit "A", said land being located in Collier County, Florida. 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 and personal property described herein is Gulf Bay 100, Inc., f/k/a 559 91st~Avenue, Inc., a Florida corporation and Parcel Z, Inc., a Florida corporation, d/b/a 951 Land Holdings Joint Venture, a Florida General Partnership (hereinafter "Owner"). The Owner acquired record title to the subject real property by instrument recorded at Official Records Book 1911, at Page 144, Public Records, Collier County, Florida (copy attached hereto as Exhibit "B"). The Affiant has examined the 951 Land Holdings Joint Venture Agreement, and has determined that the Joint Venture is current and active within the State of Florida, that the Joint Venture is currently authorized to do business in the State of Florida, and that Mark J. Woodward , as Vice Presiden~ of Gulf Bay 100, Inc., a Florida corporation, which is the General partner of Gulf Bay 100, Ltd., and T. Sano as President of Parcel Z, Inc. are authorized to execute all instruments (Deed, Easement, and Bill of Sale) on behalf of the Joint Venture in conjunction with the conveyance of the subject real and personal property. 4. Affiant further states that the subject real and personal property is encumbered of record as follows: 1. Development Mortgage and Security Agreement in favor of Tomen American, Inc., recorded in Official Records Book 2154 at Page 350, as modified by that certain Future Advance and Mortgage Modification Agreement recorded in Official Records Book 2247 at Page 1316, all of the Public Records of Collier County, Florida. 2. Assignment of Rents and Leases in favor of Tomen America, Inc. recorded in Official Records Book 2247 at Page 1356, Public Records of Collier County, Florida. 3. UCC-1 Financing Statement in favor of Tomen America, Inc. recorded in Official Records Book 2247 at Page 1380, Public Records of Collier County, Florida. Fiddlers\Utility\Unit2.1B\AttyAff. J24 Page 1 of 2 A copy of the above-referenced instrument is attached hereto and by reference made a part hereof. 5. Affiant further states that the information contained in this Affidavit is true, correct and current as of the date this Affidavit is given. Mark J. ~_~ard STATE OF FLORIDA COUNTY OF COLLIER (SEAL) ';4 ~'~' The foregoi~Attorney's Aff_~,davit was sworn to and subscribed before me this ~ day of ,~~ , 1997, by Mark J. Woodward, who is personally known to me and who did take an oath. WITNESS my hand and official seal thisd~q~ day of~% , 1997. My Commission Expires: Stephne Lynette Watts MY COMMISSION # 0(;636726 EXPIRES Ap~ 22, 2001 BONDED THRU TROY FAiN INSURAN~, lNG. Fiddlers\UtiLity\Unit2.1B\AttyAff. J24 Page 2 of 2 This instrument prepared by: Mark J. Woodward Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, suite 640 Naples, Florida 34108 UTILITY EASEMENT THIS EASEMENT, granted this ~ day of July, 1997, by Gulf Bay 100, LTD., a Florida Limited Partnership, and PARCEL Z, INC., a Florida corporation, d/b/a 951 LAND HOLDINGS JOINT VENTURE, its successors and assigns, as Grantor, in favor of the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain water and sewer utility facilities, in, on, over and under the following described lands being located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. 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 water and sewer utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, GRANTOR has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presence of: 951 LAND HOLDINGS JOINT VENTURE By: Gulf Bay 100, LTD., a Florida Limited Partnership Print Name By: By: Gulf Bay 100, Inc., a Florida corporation, as General Partner and on behalf of itself Mark~L~oodward Vice President (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Utility Easement was acknowledged before me by Mark J. Woodward, Vice President of Gulf Bay 100, Inc., a Florida corporation, on behalf of Gulf Bay 100, Inc. and as General Partner on behalf of Gulf Bay 100, Ltd., a Florida limited partnership. He is personally known to me and did not take an oath. WITNESS my hand and official ._, 1997 . ( S .,,.%~,~.¢.'.~,,, Steplme Lynette Watts --',: :,~ MY COMMISSION # C0636726 EXPIRES ~.~..~ Apdl 22. 2001 ';,',,,~.?;~,~.?," BONO£D THRU TROY F^~N INSURA~.~CE. IN(;. seal thi~day of ~.~.' Print Name~~--~~~ My Commission ~xpires: Fiddlers\Utility\Unit2.1B\Utility. Eas Page 1 of 2 Print Name: .,~.?~'~xf'~ ~/~./ Prin~ Name STATE OF NEW YORE COUNTY OF NEW YORK By: By: Parcel Z, Inc., a Florida corporation T~dent (CORPORATE SEAL) The foregoing Utility Easement was acknowledged before me Dy T. SANO, President of Parcel Z, Inc., on behalf of the corporation. He is personally known to me and did not take an oath. WITNESS my hand and official seal this ~ day of , 1997. Notary PuSiic ' Print Name: My Commission Expires: JOHN A. MARAIA Not-ry Public, State of New' YoI~ No. 02MA5029381 ~ , Qualified in Westchester County~ I Commission Expires June 20. 1998 This instrument prepared by: Mark J. Woodward Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 640 Naples, Florida 34108 F~ddlers\lJt~l(ty\Unft2.1B\Ut~lity, Eas Page 2 of 2 EXHIBIT "A" Tract R and all C.U.E.'s as recorded on the plat of Fiddler's Creek, Phase lB, Unit Two, Plat Book .,~, Pages _ ,,/- ~__~_____, of the Public Records of Collier County, Florida. \kHma_715\WP\1993\93132\WTC\exa I bu270716.doc _ ~' Z ~ r~ Z -H F (./3 Z Z Z n Z mC4o~ (o-mtn F 0T ~.> ~o~zZ~Z~O~CZ~m~ ~Z~ ,. ~ ZO~C~ ~Z mmcZmz' ' ' m>O~ I mm~ 0 .... 0 ~ ~--ZO~ 0~ ~' ~ ~u ~mm~ · ~ Z Z------ -- O. -~ .... ~,~ zzzzz>,~- -~>znnnnzzz~ ,^~o~= ~Iz > ~ ~ m~o~~~~-' ~00 20'' mOZ~C~OmZ~ mmmZ--~m/~ ~O/ ~m 0 ~ IZ ~m~ ~ ~©~ u~ C .u~ m~ 0 ~ ~ ~-- ~cm 0~ ~-- 0 ~0~ Z · 0 -- ~ 0 ~ I ~0 OC~ C z "-4 0 Z HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS Preserving and enhancing Florida's quafity of life since 1966 HMA PROJECT #93.132X JULY 28, 1997 REF. DWG. B-2104 PAGE 1 OF 2 A 15.00 FOOT WIDE STRIP OF LAND LOCATED IN A PORTION OF SECTIONS 14 AND 23, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHEASTERLY CORNER OF TRACT U-l, OF FIDDLER'S CREEK PHASE lB, UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 35 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S. 74°51 '50" W., ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT U-l, FOR A DISTANCE OF 30.00 FEET; THENCE DEPARTING THE BOUNDARY OF SAID TRACT U-l, RUN S. 12°16'25" E. FOR A DISTANCE OF 8.01 FEET TO THE _POINT OF _BEGINNING OF THE CENTERLINE HEREIN DESCRIBED; THENCE RUN N. 74"51'50" E. FOR A DISTANCE OF 260.68 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 04007'52", SUBTENDED BY A CHORD OF 69.06 FEET AT A BEARING OF N. 72"47'54" E., FOR A DISTANCE OF 69.07 FEET TO THE END OF SAID CURVE; THENCE RUN N. 20°22'44" W. FOR A DISTANCE OF 53.36 FEET; THENCE RUN S. 20022'44" E., FOR A DISTANCE OF 53.36 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 1 ° ' " 9 1602 W.A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 19°18'06", SUBTENDED BY A CHORD OF 321.21 FEET AT A BEARING OF N. 61 °04'55" E., FOR A DISTANCE OF 322.73 FEET TO THE END OF SAID CURVE; THENCE RUN N. 34°25'42" E. FOR A DISTANCE OF 13.96 FEET; THENCE RUN N. 49°25'42" E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 64°25'42" E. FOR A DISTANCE OF 13.96 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 42°34'29" W. A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF THE SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 17°54'44", SUBTENDED BYA CHORD OF 298.28 FEET AT A BEARING OF N. 38°28'10" E., FOR A DISTANCE OF 299.50 FEET TO THE END OF SAID CURVE; THENCE RUN N. 0 29 12 W. FOR A DISTANCE OF 41.30 FEET; THENCE RUN S. 60°29'12" E. FOR A DISTANCE OF 41.30 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 60°29'12" W. A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 09°40'11", SUBTENDED BY A CHORD OF 161.49 FEET AT A BEARING OF N. 24"40'42" E., FOR A DISTANCE OF 161.68 FEET TO THE END OF SAID CURVE; THENCE RUN N. 19°50'37'' E. FOR A DISTANCE OF 147.02 FEET; THENCE RUN N. 04050'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19°50'37'' E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 34°50'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19°50'37" E. FOR A DISTANCE OF 72.23 FEET; THENCE RUN N. 04°50'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19°50'37'' E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 34050'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19"50'37" E. FOR A DISTANCE OF 91.93 FEET; THENCE RUN N. 70°09'23'' W. FOR A DISTANCE OF 41.93 FEET; THENCE RUN S. 70°09'23'' E. FOR A DISTANCE OF 41.93 FEET; THENCE RUN N. 19"50'37" E. FOR A DISTANCE OF 194.14 FEET TO THE BEGINNING OF A' TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF THE SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 10550 A[3ERNATHY STREET BONITA SPRrNGS FLORIDA 34135 941 9920795 FAX 941-992-2327 HMA PROJECT #93.132X JULY 28, 1997 REF. DWG. B-2104 PAGE 2 OF 2 FEET, THROUGH A CENTRAL ANGLE OF 00"52'14", SUBTENDED BY A CHORD OF 60.66 FEET AT A BEARING OF N. 20"16'44" E., FOR A DISTANCE OF 60.66 FEET TO THE END OF SAID CURVE; THENCE RUN N. 05°36'31" E. FOR A DISTANCE OF 18.36 FEET; THENCE RUN N. 20°36'31' E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 35°36'31' E. FOR A DISTANCE OF 21.94 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S. 68°09'11" E. A DISTANCE OF 3992.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 FEET, THROUGH A CENTRAL ANGLE OF 05"33'35", SUBTENDED BY A CHORD OF 387.21 FEET AT A BEARING OF N. 24°37'37" E., FOR A DISTANCE OF 387.36 FEET TO THE END OF SAID CURVE; THENCE RUN N. 12°51'40" E. FOR A DISTANCE OF 12.08 FEET; THENCE RUN N. 27°51'40" E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 42°51'40" E. FOR A DISTANCE OF 12.08 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S. 61°41'04" E. A DISTANCE OF 3992.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF THE SAID CURVE TO THE RIGHT, HAVIN~ A RADIUS OF 3992.00 FEET, THROUGH A CENTRAL ANGLE OF 02°42'51", SUBTENDED BY A CHORD OF 189.10 FEET AT A BEARING OF N. 29°40'22* E., FOR A DISTANCE OF 189.11 FEET TO THE END OF SAID CURVE; THENCE RUN N. 31°01 '48" E. FOR A DISTANCE OF 18.08 FEET TO THE END OF SAID CENTERLINE; CONTAINING 0.939 ACRE, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE SOUTHERLY BOUNDARY OF TRACT U-l, OF FIDDLER'S CREEK PHASE lB, UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 35 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S. 74°51'50" W. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 THOMAS M. MURPHY P.S.M. #5628 STATE OF FLORIDA ~q ~ . X d >- ZZ .,<0 >- r~ D n 0 W HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS LEGAL DESCRIPTION: Preserving and enhancing Rorida's quality of fife s/nce 1966 PROJECT HMA # 93.132 REF. DWG. # B-2102-1 SEPTEMBER 17, 1997 PAGE 1 OF 2 A PORTION OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND A PORTION OF CHAMPIONSHIP DRIVE OF MARCO SHORES UNIT 30 GOLF COURSE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF SECTION 15,TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.00°18'41"E., ALONG THE WEST LINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 15, FOR A DISTANCE OF 1342.90 FEET; THENCE DEPARTING THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 15, RUN S.89°41'19"E., FOR A DISTANCE OF 43.55 FEET, TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.~5°18'43"E., FOR A DISTANCE OF 17.54 FEET; THENCE RUN S.89°13'35"E_, FOR A DISTANCE OF 51.76 FEET; THENCE RUN N.88°28'59"E., FOR A DISTANCE OF 75.06 FEET; THENCE RUN S.89°13'35"E., FOR A DISTANCE OF 46.88 FEET; THENCE RUN S.70°44'05"E., FOR A DISTANCE OF 103.24 FEET; THENCE RUN S.46°14'05"E., FOR A DISTANCE OF 76.39 FEET; THENCE RUN S.66°44'05"E., FOR A DISTANCE OF 60.55 FEET; THENCE RUN S.89°13'35"E., FOR A DISTANCE OF 151.26 FEET; THENCE RUN N.68°15'55-E., FOR A DISTANCE OF 75.41 FEET; THENCE RUN S.74°14'05"E., FOR A DISTANCE OF 17.55 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 34.10 FEET; THENCE RUN N.75°45'55"E., FOR A DISTANCE OF 13.04 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 285.27 FEET; THENCE RUN S.74°14'05"E., FOR A DISTANCE OF 13.23 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 38.03 FEET; THENCE RUN N.75°45'55"E., FOR A DISTANCE OF 13.23 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 406.96 FEET; THENCE RUN S.74°14'05"E., FOR A DISTANCE OF 13.50 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 38.03 FEET; THENCE RUN N.75°45'55"E., FOR A DISTANCE OF 13.50 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 189.82 FEET; THENCE RUN S.43°23'11"E., FOR A DISTANCE OF 43.39 FEET; THENCE RUN S.01°36'49"W., FOR A DISTANCE OF 90.99 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE OF MARCO SHORES UNIT 30 GOLF COURSE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N.09°17'28"E., A DISTANCE OF 1,209.67 FEET THEREFROM; THENCE RUN WESTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID CHAMPIONSHIP DRIVE AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,209.67 FEET, THROUGH A CENTRAL ANGLE OF 00°43'03", SUBTENDED BY A CHORD OF 15.15 FEET AT A BEARING OF N.80°21'00"W., FOR A DISTANCE OF 15.15 FEET TO THE END OF SAID CURVE; THENCE RUN N.01°36'49"E., FOR A DISTANCE OF 82.65 FEET; THENCE RUN N.43°23'11"W., FOR A DISTANCE OF 30.83 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 91.15 FEET; THENCE RUN S.78°08'16"W.,' FOR A DISTANCE OF 105.53 FEET; THENCE RUN S.79°46'25"W., FOR A DISTANCE OF40.65 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 419.19 FEET; THENCE RUN S.75°45'55"W.~ FOR A DISTANCE OF 13.23 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 40.66 FEET; THENCE RUN N.74°14'05"W., FOR A DISTANCE OF 13.27 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 35.50 FEET; THENCE RUN N.77°58'35"W., FOR A DISTANCE OF 157.48 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 91.98 FEET; THENCE RUN S.75°45'55"W., FOR A 10550 ABERNATHY STREET BONITA SPRINGS FLORIDA 34135 941-992~0795 FAX 941-992-2327 PROJECT HMA # 93.132 REF. DWG. # B-2102-1 SEPTEMBER 17, 1997 PAGE 2 OF 2 DISTANCE OF 13.04 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 38.05 FEET; THENCE RUN N.74°14'05"W., FOR A DISTANCE OF 14.43 FEET; THENCE RUN S.68°15'55"W., FOR A DISTANCE OF 73.30 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 157.23 FEET; THENCE RUN N.66°44'05"W., FOR A DISTANCE OF 66.25 FEET; THENCE RUN N.46°14'05"W., FOR A DISTANCE OF 75.85 FEET; THENCE RUN N.70°44'05"W., FOR A DISTANCE OF 97.54 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 44.14 FEET; THENCE RLIN S.88°28'59"W., FOR A DISTANCE OF 75.06 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 45.78 FEET; THENCE RUN S-45°18'43"W., FOR A DISTANCE OF 11.25 FEET; THENCE RUN N.44°41'17-W., FOR A DISTANCE OF 15.00 FEET, TO THE POINT OF BEGINNING; CONTAINING 1.107 ACRES, MORE OR LESS. '" THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHEAST ONE- QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.00°18'41"E. HOLE, MONTES AND ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 THOMAS M. MUR-~- ' y P.S.M. #5628 STATE OF FLORIDA '~ N 00'18'41" E 1.342,90' ~ W LINE OF THE NE 1/4 OF SECTION 15-51-26 ~z' ~z o  ~ ~ m , ~ ~ ~ ¢,zzzCzzCzzCzzCzzzzzCz~ o . . P P ~ P P ~ ~ . , ~,. . . ~ ~- ~ / -~ ~ ~' ~ ~zz~z ~ ~ ~z ~z ~ zz~~ m~mm m m ~ m m mm m mmm ~ ~mm / o I o I EX3tIBIT "A" Tract R and all C.U.E.'s as recorded on the plat of Fiddler's Creek, Phase lB, Unit Two, Plat Book ~_~, Pages __J_-q----, of the Public Records of Collier County, Florida. \\Hma_715\WP\1993\93 l 32\WTC\exalbu270'716.doc C Z~zzZ Preserving and enhancing Florida's quality of life since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS HMA PROJECT #93.132X JULY 28, 1997 REF. DWG. B-2104 PAGE 1 OF 2 A 15.00 FOOT WIDE STRIP OF LAND LOCATED IN A PORTION OF SECTIONS 14 AND 23, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHEASTERLY CORNER OF TRACT U-l, OF FIDDLER'S CREEK PHASE 1 B, UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 35 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S. 74°51'50" W., ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT U-l, FOR A DISTANCE OF 30.00 FEET; THENCE DEPARTING THE BOUNDARY OF SAID TRACT U-l, RUN S. 12°16'25" E. FOR A DISTANCE OF 8.01 FEET TO THE POINT OF BEGINNING. OF THE CENTERLINE HEREIN DESCRIBED; THENCE RUN N. 74°51'50" E. FOR A DISTANCE OF 260.68 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 04°07'52", SUBTENDED BY A CHORD OF 69.06 FEET AT A BEARING OF N. 72°47'54" E., FOR A DISTANCE OF 69.07 FEET TO THE END OF SAID CURVE; THENCE RUN N. 20°22'44" W. FOR A DISTANCE OF 53.36 FEET; THENCE RUN S. 20°22'44" E., FOR A DISTANCE OF 53.36 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 19°16'02" W. A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 19"18'06", SUBTENDED BY A CHORD OF 321.21 FEET AT A BEARING OF N. 61°04'55" E., FOR A DISTANCE OF 322.73 FEET TO THE END OF SAID CURVE; THENCE RUN N. 34°25'42" E. FOR A DISTANCE OF 13.96 FEET; THENCE RUN N. 49°25'42" E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 64°25'42" E. FOR A DISTANCE OF 13.96 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 42°34'29" W. A.DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF THE SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 17"54'44", SUBTENDED BY A CHORD OF 298.28 FEET AT A BEARING OF N. 38°28'10" E., FOR A DISTANCE OF 299.50 FEET TO THE END OF SAID CURVE; THENCE · RUN N. 60"29'12" W. FOR A DISTANCE OF 41.30 FEET; THENCE RUN S. 60"29'12" E. FOR A DISTANCE OF 41.30 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 60°29'12" W. A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 09°40'11", SUBTENDED BY A CHORD OF 161.49 FEET AT A BEARING OF N. 24040'42" E., FOR A DISTANCE OF 161.68 FEET TO THE END OF SAID CURVE; THENCE RUN N. 19°50'37'. E. FORA DISTANCE OF 147.02 FEET; THENCE RUN N. 04"50'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19°50'37'' E. FORA DISTANCE OF 40.00 FEET; THENCE RUN N. 34°50'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19°50'37" E. FOR A DISTANCE OF 72.23 FEET; THENCE RUN N. 04°50'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19°50'37" E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 34°50'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19°50'37" E. FOR A DISTANCE OF 91.93 FEET; THENCE RUN N. 70°09'23" W. FOR A DISTANCE OF 41.93 FEET; THENCE RUN S. 70°09'23'' E. FOR A DISTANCE OF 41.93 FEET;. THENCE RUN N. 19°50'37" E. FOR A DISTANCE OF 194.14 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF THE SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 10550 A~ERINATHY STREET BONITA SPRINGS, FLORIDA 34135 941.992-0795 FAX 941-992-2327 HMA PROJECT #93.132X JULY 28, 1997 REF. DWG. B-2104 PAGE 2 OF 2 FEET, THROUGH A CENTRAL ANGLE OF 00°52'14", SUBTENDED BY A CHORD OF 60.66 FEET AT A BEARING OF N. 20°16'44" E., FOR A DISTANCE OF 60.66 FEET TO THE END OF SAID CURVE; THENCE RUN N. 05°36'31" E. FOR A DISTANCE OF 18.36 FEET; THENCE RUN N. 20°36'31' E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 35°36'31' E. FOR A DISTANCE OF 21.94 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S. 68°09'11" E. A DISTANCE OF 3992.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 FEET, THROUGH A CENTRAL ANGLE OF 05°33'35", SUBTENDED BY A CHORD OF 387.21 FEET AT A BEARING OF N. 24°37'37" E., FOR A DISTANCE OF 387.36 FEET TO THE END OF SAID CURVE; THENCE RUN N. 12°51'40" E. FOR A DISTANCE OF 12.08 FEET; THENCE RUN N. 27°51'40" E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 42°51'40" E. FOR A DISTANCE OF 12.08 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S. 61°41'04" E. A DISTANCE OF 3992.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF THE SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 FEET, THROUGH A CENTRAL ANGLE OF 02°42'51", SUBTENDED BY A CHORD OF 189.10 FEET AT A BEARING OF N. 29°40'22" E., FOR A DISTANCE OF 189.11 FEET TO THE END OF SAID CURVE; THENCE RUN N. 31°01 '48" E. FOR A DISTANCE OF 18.08 FEET TO THE END OF SAID CENTERLINE; CONTAINING 0.939 ACRE, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE SOUTHERLY BOUNDARY OF TRACT Uol, OF FIDDLER'S CREEK PHASE lB, UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 35 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S. 74°51'50" W. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 THOMAS M. MURPHY P.S.M. #5628 STATE OF FLORIDA >-- ZZ <~0 o ~ >.-. ZZ ,.~0 o~.. or./) · ~ L,.J 0 _J U~ O0 Preserving and enhancing Florida's quality of life since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS PROJECT HMA # 93.132 REF. DWG. # B-2102-1 SEPTEMBER 17, 1997 PAGE 1 OF 2 LEGAL DESCRIPTION: A PORTION OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND A PORTION OF CHAMPIONSHIP DRIVE OF MARCO SHORES UNIT 30 GOLF COURSE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: I COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF SECTION 15,TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.00°lS'41"E., ALONG THE WEST LINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 15, FOR A DISTANCE OF 1342.90 FEET; THENCE DEPARTING THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 15, RUN S.89°41'19"E., FOR A DISTANCE OF 43.55 FEET, TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.45°18'43"E., FOR A DISTANCE OF 17.54 FEET; THENCE RUN S.89°13'35"E., FOR A DISTANCE OF 51.76 FEET; THENCE RUN N.88°28'59"E., FOR A DISTANCE OF 75.06 FEET; THENCE RUN S.89°13'35"E., FOR A DISTANCE OF 46.88 FEET; THENCE RUN S.70°44'05"E., FOR A DISTANCE OF 103.24 FEET; THENCE RUN S.46°14'05"E., FOR A DISTANCE OF 76.39 FEET; THENCE RUN S.66°44'05"E., FOR A DISTANCE OF 60.55 FEET; THENCE RUN S.89°13'35"E., FOR A DISTANCE OF 151.26 FEET; THENCE RUN N.68°15'55"E., FOR A DISTANCE OF 75.41 FEET; THENCE RUN S.74°14'05"E., FOR A DISTANCE OF 17.55 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 34.10 FEET; THENCE RUN N.75°45'55"E., FOR A DISTANCE OF 13.04 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 285.27 FEET; THENCE RUN S.74°14'05"E., FOR A DISTANCE OF 13.23 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 38.03 FEET; THENCE RUN N.75°45'55"E., FOR A DISTANCE OF 13.23 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 406.96 FEET; THENCE RUN S.74°14'05"E., FOR A DISTANCE OF 13.50 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 38.03 FEET; THENCE RUN N.75°45'55"E., FOR A DISTANCE OF 13.50 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 189.82 FEET; THENCE RUN S.43°23'11"E., F°R A DISTANCE OF 43.39 FEET; THENCE RUN S.01°36'49"W., FOR A DISTANCE OF 90.99 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE OF MARCO SHORES UNIT 30 GOLF COURSE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N.09°17'28"E., A DISTANCE OF 1,209.67 FEET 'THEREFROM; THENCE RUN WESTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID CHAMPIONSHIP DRIVE AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,209.67 FEET, THROUGH A CENTRAL ANGLE OF 00°43'03", SUBTENDED BY A CHORD OF 15.15 FEET AT A BEARING OF N.80°21'00"W., FOR A DISTANCE OF 15.15 FEET TO THE END OF SAID CURVE; THENCE RUN N.01°36'49"E., FOR A DISTANCE OF 82.65 FEET; THENCE RUN N.43°23'11"W., FOR A DISTANCE OF 30.83 FEET; THENCE RUN N;89°14'05"W., FOR A DISTANCE OF 91.15 FEET; THENCE RUN S.78°08'16"W.,' FOR A DISTANCE OF 105.53 FEET; THENCE RUN S.79°46'25"W., FOR A DISTANCE OF40.65 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 419.19 FEET; THENCE RUN S.75°45'55"W.~ FOR A DISTANCE OF 13.23 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 40.66 FEET; THENCE RUN N.74°14'05"W., FOR A DISTANCE OF 13.27 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 35.50 FEET; THENCE RUN N.77°58'35"W., FOR A DISTANCE OF 157.48 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 91.98 FEET; THENCE RUN S.75°45'55"W., FOR A 10550 AE~ERNATHY STREET E~©NiTA SPRINGS, FLORIE~A 34135 941-992-0795 FAX 941-992-2327 PROJECT HMA # 93.132 REF. DWG. # B-2102-1 SEPTEMBER 17, 1997 PAGE 2 OF 2 DISTANCE OF 13.04 FEET; THENCE RUN N.89"14'05"W., FOR A DISTANCE OF 38.05 FEET; THENCE RUN N.74°14'05"W., FOR A DISTANCE OF 14.43 FEET; THENCE RUN S.68°15'55"W., FOR A DISTANCE OF 73.30 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 157.23 FEET; THENCE RUN N.66°44'05"W., FOR A DISTANCE OF 66.25 FEET; THENCE RUN N.46°14'05"W., FOR A DISTANCE OF 75.85 FEET; THENCE RUN N.70°44'05"W., FOR A DISTANCE OF 97.54 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 44.14 FEET; THENCE RUN S.88°28'59"W., FOR A DISTANCE OF 75.06 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 45.78 FEET; THENCE RUN S.45°18'43"W., FOR A DISTANCE OF 11.25 FEET; THENCE RUN N.44°41'17"W., FOR A DISTANCE OF 15.00 FEET, TO THE POINT OF BEGINNING; CONTAINING 1.107 ACRES, MORE OR LESS. THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHEAST ONE- QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.00°I 8'41"E. HOLE, MONTES AND ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 THOMAS M. MURP'H~ ~' P.S.M. #5628 STATE OF FLORIDA z ~z Z:::O Cn--~ I m N 00'18'41" E 1342.90' LINE OF THF NE 1/4 OF SECTION 15-51-26 0 ° ~_z mt'- "~ 0 zo IN,) ATTORNEYS-AT-LAW July 25, 1997 Mr. Thomas Palmer, Esquire Collier County Attorney's Office Collier County Government Complex 3301 East Tamiami Trail Naples, Florida 34112 CRAIG R. WOODWARD* MARK J. WOODWARD ANTHONY p. PIRES, JR. J. CHRISTOPHER LOMBARD( STEVEN BLOUNT RUSSEL M. LAZEGA BURT L SAUNDERS OF COUNSEL *(Bo~JzO Czarr~r.~ ~ Es~.~ A~ Re: Fiddler's Creek Community Development District conveyance to Collier County - Water and sewer utility facilities - Fiddler's Creek Phase lB Unit Two Dear Mr. Palmer: It is my understanding from discussions with Anthony P. Pires, Jr., the attorney for the Fiddler's Creek Community Development District (the "District"), that among the documents necessary for the above-referenced conveyance, it is necessary, if the County is to rely upon the Attorney's Affidavit provided by me on behalf of 951 Land Holdings Joint Venture to the District, that I provide authorization and approval to the County to utilize and rely upon my Affidavit previously provided to the District. A copy of this Affidavit is attached hereto as Exhibit "A". By this letter, I hereby provide to you the authority and approval for Collier County and the Collier County Water-Sewer District to utilize and rely upon the attached Attorney's Affidavit previously provided by me to the District, as Collier County and the Collier County Water-Sewer District will be standing in the stead of the District by virtue of the District's conveyance by Bill of Sale and Warranty Deed of the subject water and sewer utility facilities, as described on the enclosed Exhibit "B". If you have any further questions, or need any further assurances, please do not hesitate to contact me. Sincerely, WOODWARD, PIRES & LOMBARDO, P.A. MJW:wh Enclosures as noted. Fiddlers\CorrcspVl'homas I .J 24 PLEASE RESPOND TO: NAPLES 606 BALD EAGLE DR., SUITE 500, P.O. BOX 1, MARCO ISLAND, FLORIDA 34146 (941) 394-5161 FAX (941) 642-6402 PELICAN BAY 801 LAUREL OAK DR., SUITE 640, NAPLES, FLORIDA 34108 (941) 566-3131 FAX (941) 566-3161 COLLIER COUN~FY GOVERN~IE~NT COMMUNITY DEVELOPMENT SERVICES DIVISION ENGINEERING REVIEW SECTION '2800 NORTH HORSESHOE DRIVE NAPLES, FL 35942 (941) 643-8400 A CERTIFIED BLUE CHIP COMMUNITY October 27, 1997 Mr. Terry Cole, P.E. Hole, Montes & Associates, Inc. 715 Tenth Street P.O. Box 1586 Naples, FL. 34106 Re: Fiddler's Creek Phase lB, Units One & Two Dear Terry: 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 3.2.6.5.2. All water and sewer facilities approved and 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 (!) year maintenance period. After satisfactory completion of all final inspections, the Board of County Commissioners shall adopt:: a resolution giving final approval of the required improvemen%s, acknowledging the dedication(s) of the final subdivision plat and 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, John R. Hou!dsworth Senior Engineer cc: Shirley Nix COLLIER COUNTY COMMUNITY DEVELOPMENT AND 2800 NORTH HORSESHOE DRIVE ENVIRONMENTAL SERVICES DIVISION NAPLES, FLORIDA 34104 ENGINEERING REVIEW SECTION December 11, 1997 W. Terry Cole Hole, Montes & Associates, Inc. P. O. Box 1586 Naples, Florida 34106 Re: Fiddler's Creek, Phase l-B, Unit 1, Phase l-B, Unit 2, Bent Creek & Pepper Tree Villages and Whisper Trace Dear Terry: 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 f'mal approval of the required improvements establishing County responsibility for maintenance of the required improvements if it is the Board's desire to accept and maintain the facilities. If you should have any questions or if we may be of assistance, please advise. Very truly.yours, Shirley Nix~ / ' Engineering Technician II cc: Tim Clemons, Wastewater Director Michael Newman, Water Director Cindy Erb, Public Works Building Review & Permitting (94~ 403-24~0 Code Enforcement (941) 403-2440 Housing & Urban Improvement (941) 403-2330 Natural Resources Planning Services Pollution Control (941) 732-2505 (941) 403-2300 '~ 9 (941) ,32-250_ / ,/ PLANNING SERVICES DEPARTMENT MEMORANDUM TO: FROM: DATE: RE: Mike Newman, Water Director Thomas E. Kuck, P.E., Erlgineering Review Manager September 22, 1997 PVC Risers Fiddler's Creek Subdivision ~~ieScii~t~oCnkslOWledgment of your Department's memo dated September 22,1997 ,w_hich authorized the use of PVC risers in lieu of cast iron ones as called for in the County s We assume that this substitution of materials for risers is acceptable to your Department on all projects and that the Utility Ordinance will be amended to provide for this option. Unless we hear from you otherwise, our review of projects will permit the use of PVC risers. TEK/den/fi/memos CC." Clyde Fugate, Engineering Inspections Supervisor Randy Casey, Engineering Inspector Wes Hill, Engineer I INTEROFFICE MEMORANDUM Date: From: Dept: Tel No: 22-Sep-1997 01:27pm EST Pamela Libby LIBBY P Utilities 434-5058 TO: Randy Casey Subject: PVC Risers ( CASEY RA ) Michael asked that I send you a short note to let you know that he has authorized the usage of PVC risers at the Fiddler's Creek Subdivision. These risers are in lieu of the cast iron ones called for the in the County's Specifications. If you need any additional information, Michael will be back in the Office tomm. morning after 9:00 a.m. HOLE, ,,UNTES & ASSOCIATES, INC. ENGINEERS LAND SURVEYORS 715 TENTH ST SO. NAPLES, FL 33939 ( ( ( ~YDROSTATIG TESTING Engineer's Project Number: D.te of Test: Test Pressure: Description of Line Tested: ~,~ p~d f~7~ //~'" CALCULAT OF L OWAB E LEAKAGE PEk ONE HOUR' (Len of pipe) x (diam. of Pipe) x SQR(Test Pressure) / 133200 (in feet) (in inches) - ) x ( S ) x sqR( ) x ( ) x sqR( ) x ( ) x sqR( ) x ( ) x sqR( ) x ( ) x sqR( ) x ( ) x sqR( ) x ( ) × sqR( ) x ( ) x SQR( / 133200 133200 133200 133200 13320o 133200 133200 . 133200 - RESULTS OF TESTL Length of Test ~ Pressure at Beginning of test: Pressure at End of test: Amount of water required to bring Pressure up to beginning pressure: Total gallons Allowable Leakage Enginee~ ~. , ~{A FOR~ llO-L OrO 2 NOV 1987 Contractor HOLE, MONTES & ASSOCIATES, INC. ENGINEERS - LAND SURVEYORS 715 TENTH ST SO. NAPLES, FL 33939 ~YDROSTATIG TESTING Engineer's Project Number: ~/2..~/3z Description of Line Tested: Test Pressure: CALCULATION OF ALLOWABLE LEAKAGE PER ONE HOUR; (Lan of pipe) x (dlam. of Pipe) x SQR(Test Pressure) / 133200 - (in feet) (in inches) ( ~?~L~ ) x ( /z ) x SQR( ( ) x ( ) x sqR( ( ) x ( ) x SQR( ( ) x ( ) x SQR( ( ) x ( ) x SQR( ( ) x ( ) xsqR( ( ) x ( ) x SQR( ( ) x ( ) x SQR( ) / 133200 - ~.~ ) / 133200 - ) / 133200 - ) / 133200 - ) / 133200 -- ) / 133200 -- ) / 133200 - ) / ~332oo - Total gallons RESULTS OF TEST; Length of Test "_~-~S~ ...... Pressure at Beginning of test: Pressure at End of test: Amount of water required to bring Pressure up to beginning pressure: Engineer Hole, Monies & Asso~'{a~es',"i~'% - Allowable Leakage Contractor ITt'IA FORM I10-[, DTD 2 ltOV le~u7 HOLE, _.ONTES & ASSOCIATES, INC. ENGINEERS _ LAND SURVEYORS 715 TENTH ST SO. NAPLES, FL 33939 Description of Line Tested: ~{YDROSTATIG TESTING Engineer,s Project Number:__~,/~)~____ Date of Test: ~-//~/~y Test Pressure: ?1o ( ( ( ( ( ( ( CALCULAT OF L WABLE LEAKAGE PER ONE HOUR' (Len of Pipe) x (diam. of Pipe) x SQR(Test Pressure) / 133200 (in feet} (in inches} } x ( g } x SQR( } x ( } x SQR( } x ( } x SQR( ) x ( } x SQR( ) x ( } x sqR( ) x ( ) x sqa( ) x ( ) x SQR( ) x ( ) x SQR( / 133200 / 133200 133200 133200 133200 133200 - 133200 - 133200 - RESULTS OF TEST_~ Length of Test ~ ~C~ Pressure at Beginning of test: Pressure at End of test: Amount of water required to bring Pressure up to beginning pressure: Enginee~_ ~ FO~ ~IO-L DTD 2 NOV 1987 Total gallons /,P/ Allowable Leakage ~ DZ .... Contractor HOLE, .~ONTES & ASSOGIATES, lNG. ENGINEERS LAND SURVEYORS 715 TENTH ST SO. NAPLES, FL 33939 ~¥DROSTATIC TESTING. Engineer's Project Number: Date of Test: Description of Line Tested: Test Pressure: CALCULATION OF ALLOWABLE LEAKAGE PER ONE HOUR;, (Len of pipe) x (diam. of Pipe) x SQR(Test Pressure) / 133200 - (in feet) (in inches) ( ) x ( ) x sQR( ( ) x ( ) x SQR( ( ) × ( ) x SQR( ( ) x ( ) xsqR( ( ) x ( ) x SQR( ( ) x ( ) x SQR( ( ) x ( ) x SQR( RESULTS OF TEST;, Length of Test Pressure at Beginning of test: Pressure at End of test: Amount of water required to bring Pressure up to heginnin§ pressure: ) / 133200 - ) / ~33200 l ) / 133200 - ) / 133200 - ) / 1332oo - ) / 133200 - ) / 133200 - ) / 133200 - Total gallons /,/7 Allowable Leakage ....... _~__ JlZ~ Engineer~ _ . Hole, Montes &AssoCfates, I . Contractor HOLE, .~ONTES & ASSOCIATES, lNG. ENGINEERS - LAND SURVEYORS 715 TENTH ST SO. NAPLES, FL 33939 ~YDROSTATIG TESTING, Project: ~/~Ar~ Engineer's Project Number: Date of Test: Description of Line Tested: CALCULAT%0N OF ~LLOWABLE LEAKAGE PER ONE HOUR;, (Len of pipe) x (diam. of Pipe) x SQR(Test Pressure) / 133200 - (in feet) (in inches) /,?z~ ( ) x (/~") x sqR( /0~ ) / 133200 - ~,~? ) x ( ~" ) x SQR( /0~ ) / 133200 ( ) x ( ) x SQR( ) I 1332oo - ( ) x ( ) x SQR( ) / 133200 - ( ) x ( ) xsqR( ) / 133200 - ( ) x ( ) x SQR( ) / 133200 - ( ) x ( ) x SQR( ) / 133200 ( ) x ( ) x sQR( RESULTS OF TEST; Length of Test ) / 133200 Total gallons Allowable Leakage Z-,lq Pressure at Beginning of test: Pressure at End of test: Amount of water required to bring Pressure up to beginning pressure: Hole. Montes & Asso~'ia~es'.' iht'. Contractor FORM IIO-L DTD 2 NOV 1987 10/02/97 THU 07:57 FAX 19412623074 HOLE I{ONTES Department of Environmental Protection I~w.~ Cl~l~ G~rnor Sauth District 229S Viccori~ Avenue, Suite ~i&4 Fort ~e~, Plo~ 33~1-38Sl VIr~lnla B, we~herell O=tober 1, 1997 W. Terry Cole, P.E., Agent Hole, Montms & ABsociatee, Inc. 715 Tenth Street South Naples, Flor~4a 34102 R~: Colller. County.- PR Fiddler,s Creek, Phase lB Units I and 2 Completio~ Only (Collier Coun=y Regional WTP) Dear Hr. Cole: ~i? ~kgowledges receipt of certifica~ion thc* *~ .... ~= ...... a~scr~DU:zon.systmm extension has been Par:Icily eom lened i accordance with the 'lan$ --~ --~ ........ P n agen y under Permit Number DSll-291522 dated Augus= 5, 1996. Based on this cer~iflcation and satisfactory bacteriolo ica v~n~fivea cOO e p =a=lon in our water supply pro,ram is appreciated, Sincerely, Pro£essional '~gineer =c: Nichael R. Newman "Protect, Console and MonaEe Florfda's Environment and Natural Resoutc~" Prfr~d on n~Ciw, k,~ .l~pe,". [~004 HOLE ~{ONTES 10/06~/97 M0N 11:24 FAX 19412623074 L~wton Chiles Governo¢ · Department of Enwronmenta! Protection South District 29.95 Victoria Avenue, Suite 364 Fort hlyers. Florida 33901-3881 October 3, 1997 Mark p._S~ra~u,~ Q~i Land Holdings Joint venture GB 100 ~no. v/~.-~i_~ ~uite 350 Naples, .FL 33~40 Virginia ~. Wetherel[ Secretary OCT - 6 1997 , P.e: collie~ count~ - DW/Cg ~erti~cate o: Completion permit No. CSll-291~21 Fiddler's Cree~ ~hase i B Connected to: collier county South Regional WWTP (partial Clearance for USe) Dear Mr. Strain: . ifica~e of comp%etlon of ' ~t~d septemb . . on ~ep~mm , oonstru~tlon d.._~_ ~tes'& AsSOclates,_Inc .... 4~ number. 1997 ~or ~,= ~t~ _ · he was=ew=u~ . ~.~ainul¥, the por~oD ~.t .... ~-d may De placed into service. Sincerely, h.D., Section Manager P.E. HWY/PJE/dd co: W. TerrY cole, P.E. Timothy L. clemons "PrateC~ Conse~e ond ~noz· FJor/do's ~vi~nmen[ ond Naturol Resou~e$" Pdnl~ 0n rc~ded paper, LIEN 11.3 KNOW ALL HEN BY TIfES£ PRESENTS, that FRED RUSSELL as_ VICE PRESIDENT , of GUYMANN CONSTRUCTION OF FLORIDA INC Six Hundred and Nine Thousand, Four for and in consideration of Hundred and Sixteen Dollars and Eighty (~609,416 80) Cents - -- · and other good and valuable considerations, lawful money of the United States of America, to me in hand paid, the receipt whereof ts hereby ack~Jowledged, does hereby waive, release, remiss, and relinquish any and all right to claim any lien or liens for work performed or material furnished, or any kind or class of lien whatsoever on the following descripted property~ PHASE I-B, UNIT TWO FIDDLERS CREEK COLLIER COUNTY, Florida SWORN 19_97 lt¥ COliltI$SION [IPIEE$~ 1-16-00 (DLCU: ENG) OUYMANN CONSTRUCTION OF FL INC ~5686 YOUNGQUIST RD ~0RT MYERS, FL 33912 AUTiiORIZED REPRESENTATIVE FRED ~USSELL, Vice Presiden~ TO and subscribed befo~ m~, this _ P9 _day of _ (N0~y Beve~lf R. Harris 8/1/91 11-3 State of Florida Department of Health Office of Laboretory Services Jacksonville, Mimi, Pensacola Tampa, West Palm Beach DRINKING WA TER BACTERIOLOGICAL ANALYSIS FOR LAB USE ONLY Press hard, (5) copies SYSTEM NAME: SYSTEM I.D. NO: SYSTEM PHONE #: ADDRESS: COUNTY: DISTRICT: COLLECTOR: COLLECTOR PHONE #: SAMPLE SITE (Locality or Subdivision): DATE AND TIME COLLECTED: TYPE OF SUPPLY(Circle one)::..~ofltqlUOj.~yJ~Later systel~., Noncommunity water system Nontransient - noncommunity water system Private well Swimming pool Bott[ed water Limited Use system TYPE OF SAMPLE(Circle one): Compliance Repeat Replacement , Main clearance : We[[ survey Other (Check Box) ....... [ ] Distribution [ ] Raw [ ] Check here if payment made to county )ublic health TO BE COMPLETED BY COLLECTOR OF SAMPLE ,,, TO BE COMPLETED BY LAB ANALYSIS METHOD: ,HF MTF MMO-NUG PA COLL. SAMPLE POINT C[ NON CONFIRM CONFIRM NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLI SAMPLE NUMBER n are presumptive. Total coliform and fecal coliform or E. coli confirmation will follow in 24-48 hours. P - Coliforms are present C - Confluent growth TA - Turbid, Absence of gas or acid A - Co[iforms are absent TNTC - Too numerous to count INVOICE ADDRESS (if different than address below): INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: ( ) ( ) SATISFACTORY ( ) INCOMPLETE COLLECTION INFORMATION ( ) REPEAT SAMPLES ( ) REPLACEMENT SAMPLES State of FLorida Department of HeaLth Office of Laboratory Services JacksonviLLe, Ni~i, Pensacola Tmnpa, West Palm Beach DRINKING WA TER BACTERIOLOGICAL ANAL YSIS FOR LAB USE ONLY Press hard, (5) copies SYSTEM NAME: SYSTEM I.D. NO: ADDRESS: COUNTY: COLLECTOR: SAMPLE SITE (Locality or Subdivision): DATE AND TIME COLLECTED: TYPE OF SUPPLY(Circle one)-./ Community water syst~ Noncommunity water system Private ~e[[ S~lmmlng pool Bottled water TYPE OF SAMPLE(Circle one): Compliance Repeat Replacement (Check Box) [ ] Distribution [ ] Raw SYSTEM PHONE #: DISTRICT: COLLECTOR PHONE #: Nontransient - noncommunity water system Limited Use system We[[ survey Other [ ] Check here if payment made to county public health uni' TO BE COMPLETED BY COLLECTOR OF SAMPLE TO BE COMPLETED BY LAB ANALYSIS METHOD: ~,MF 'ii~ MTF MMO-MUG , PA COLL. SAMPLE POINT Ct NON CONFIRM CONFIRM NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLI SAMPLE NUMBER * Results in this column are presumptive. Total coliform and fecal coliform or . coli confirmation will follow in 24-48 hours. P - Coliforms are present A - Co[iforms are absent C - Confluent growth TA - Turbid, Absence of gas or acid TNTC - Too numerous to count INVOICE ADDRESS (if different than address below): INTERPRETATIONS-REMARKS BY. PROGRAH REVIEWER MANE AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: ( ) ( ) SATISFACTORY ( ) INCOMPLETE COLLECTION INFORMATION ( ) REPEAT SAHPLES ( ) REPLACEMENT SAMPLES 951 LAND HOLDINGS JOINT VENTURE July 31, 1997 4001 Tamiami Trail North Suite 350 Naples, Florida 33940 813,434.2030 FAX: 813.434.5333 Ms. Shirley Nix Collier County Project Plan Review 2800 North Horseshoe Drive Naples, Florida 34104 Reference: Fiddler's Creek Phase lB, Unit Two Utility Transfer Dear Ms. Nix: I hereby certify that the developer, 951 Land Holdings Joint Venture, has received no Contributions-in-aid of any construction at Fiddler's Creek, Phase lB, Unit Two, Collier County, Florida. Sincerely, 951 Land Holdings Joint Venture ~~k ~. Strain, Agent STATE OF FLORIDA COUNTY OF COLLIER Before me, the undersigned authority, p__~rsonallv atmeared Mark P. Strain, who after first being duly sworn and who i~"~rsonall3 ~ow to m~ or has produced a as identification, did dePose and state that the foregoing is true and correct to the best of his knowledge and belief. Sworn to and subscribed to me this .5/ day of July,,,1997. ~ ~ ,a~tary Public /' (print or type) My Commission Expires: oY~a~Oo/ cyndi~c:Lmydocs\letters\contributions in aid doc\clt FIDDLER'S CREEK PHASE lB, UNIT 2 MULBERRY LANE Verification of Final Cost HMA File No. 93.132, W.O. 13059 8/1/97 Description Units Unit Cost 8" PVC Gravity Sewer 0-6' Cut 987 LF 15.50 8" PVC Gravity Sewer 6-8' Cut 917 LF 20.50 8" PVC Gravity Sewer 8-10' Cut 64 LF 29.00 8" PVC Gravity Sewer 10-12' Cut 251 LF 39.50 10" PVC Gravity Sewer 0-6' Cut 865 LF 19.50 10" PVC Gravity Sewer 6-8' Cut 480 LF 24.50 10" PVC Gravity Sewer 8-10' Cut 360 LF 33.00 10" PVC Gravity Sewer 10-12' Cut 85 LF 43.00 Manhole 0-6' Cut 6 EA 1240.00 Manhole 6-8' Cut 5 EA 1470.00 Manhole 8-10' Cut 3 EA 1820.00 Manhole 10-12' Cut 3 EA 2250.00 8" FM DR18 3,364 LF 12.60 8" FM DR14 250 LF 17.20 16"FM DR25* 1,734 LF 31.90 Air Release Valve (sewage) 5 EA 1900.00 8" Plug Valve 4 EA 1592.00 16" Plug Valve 3 EA 4597.00 Pump Station (8' diameter) 1 EA 67410.00 6" Service Laterals 2,792 LF 11.50 6" Cleanouts 70 EA 79.00 Video Gravity Sewer 4,009 LF 1.00 Video Gravity Sewer (1 year after acceptance) 4,009 LF 1.00 Quantity Subtotal Sewage Collection System Total $ 15,298.50 $ 18,798.50 $ 1,856.00 $ 9,914.50 $ 16,867.50 $ 11 760.00 $ 11,880.00 $ 3,655.00 $ 7,440.00 $ 7,350.00 $ 5,460.00 $ 6,750.00 $ 42,386.40 $ 4,300.00 $ 55,314.60 $ 9,500.00 $ 6,368.00 $ 13,791.00 $ 67,410.00 $ 32,108.00 $ 5,530.00 $ 4,009.00 $ 4,009.00 $ 361,756.00 mulvfc70801 FIDDLER'S CREEK PHASE lB, UNIT 2 FIDDLER'S CREEK PARKWAY Verification of Final Cost HMA File No. 93.132, W.O. 13059 8/1/97 Description Quantity Units Unit Cost 8" PVC Gravity Sewer 8-10' Cut 133 LF 29.00 8" PVC Gravity Sewer 10-12' Cut 232 LF 39.50 Manhole 10-12' Cut 1 EA 2250.00 Manhole 14-16' Cut 1 EA 3250.00 Manhole 16-18' Cut 1 EA 3620.00 6" Service Laterals 12 LF 11.50 6" Cleanouts 2 EA 79.00 Video Gravity Sewer 365 LF 1.00 Video Gravity Sewer (1 year after acceptance) 365 LF 1.00 Subtotal Sewage Collection System $ 3,857.00 $ 9,164.00 $ 2,25O.OO $ 3,25O.OO $ 3,62O.00 $ 136.00 $ 158.00 $ 365.00 $ 365.00 $ 23,167.00 fcpvfcT0801 FIDDLER'S CREEK PHASE lB, UNIT 2 Page 2 MULBERRY LANE Verification of Final Cost HMA File No. 93.132, W.O. 13059 8/1/97 8" PVC Water Main DR18 8" PVC Water Main DR14 8" Gate Valve and Box Fire Hydrant Assembly Air Release Valve BSP (permanent) 4" PVC Casing 12" x 12" x 8" Tapping Sleeve & Valve 5,261 288 7 11 6 2 3,287 Unit Cost U__~_n# Cos______t LF _ 13.40 LF 17.20 EA _ 800.00 EA __2000.00 EA _ 1600.00 EA __ 800.00 LF _ 5.00 Subtotal Water Distribution System Tota_____/ 70,497.4O 4,953.60 5,600.00 22,000.00 9,600.00 1,600.00 16,435.00 3,255.00 $ 133,941.00 mulvfc70801 FIDDLER'S CREEK PHASE lB, UNIT 2 FIDDLER'S CREEK PARKWAY Verification of Final Cost HMA File No. 93.132, W.O. 13059 8/1/97 Page 2 Description 12" PVC Water Main DR 14 648 12" PVC Water Main DR18 2,110 8" PVC Water Main DR14 104 12" Gate Valve and Box 9 8" Gate Valve and Box 4 Fire Hydrant Assembly 1 Air Release Valve 2 BSP (temporary) 1 16" Steel Casing 114 Quantity Unit Cost Unit Cost LF 23.50 LF 21.50 LF 17.20 EA 1150.00 EA 800.00 EA 2000.00 EA 1600.00 EA 700.00 LF 76.50 Subtotal Water Distribution System Total Total $ 15 228.00 $ 45.365.00 $ 1 788.8O $ 10 35O.OO $ 3 2OO.OO $ 2 000.00 $ 3 2O0.00 $ 700.00 $ 8,721.00 $ 90,552.80 $ 609,416.80 fcpvfc70801 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS Preserving and enhancing Rodda's quality of life since 1966 August 6, 1997 Ms. Shirley Nix Collier County Project Plan Review 2800 North Horseshoe Drive Naples, Florida 34104 Re.' Fiddler's Creek Phase lB, Unit Two HMA File No. 93.132 Work Order No. 13063 Dear Ms. Nix: I hereby state to the best of my knowledge and ability that the water distribution system and wastewater collection system is located in the platted right-of-way and the easements which are submitted as part of the conveyance package. Very truly yours, HOLE, MONTES AND ASSOCIATES, INC. Associate/Project Manager WTC:pam W:\ 1993\93132\WTC\sn70806b.doc 715 TENTH STREET SOUTH POST OFFICE BOX 1586 NAPLES, FLORIDA 34106 941-262-4617 FAX941-262-3074 WARRANTy The undersigned parties do hereby warranty and/or guaranty work executed by the Contractor: GUYMANN CONSTRUCTION OF FLORIDA INC Name an 912 PHASE I-B, UNIT TWO, F~DDLERS ~ec~ CREEK to be free from defects of materials and workmanship for a period of one Year from date of acceptance by COLLIER COUNTY BOARD OF COMMISSIONERS The undersigned parties further agree that they will, at their own expense, repair and replace all such defective Work and all other work damaged by said defective work under this Warranty_ Guaranty. It is furthermore understood that the consideration for the giving of this warranty and/or'guaranty is the require_ ment by the general conditions and specifications under which the contract was let that such warranty and/or guaranty would be given. DATE · on rac 9]a. CO STRUOTION OF FL Fred RUSsell, Vice President Subscribed and Sworn to before me this 2_____~_9 day of JULY , 199 7. Beverly R. Harris My commission expires. INC ~.,~,DC NO. Nov 13 '97 15:07 INVOICE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY COURTHOUSE COMPLEX NAPLES, FLORIDA 34112 Invoice: Date: P. 02/02 No. 27552 TO: Gunman Construtlon 5686 Youugqulat Rd _Ft. ~ers, Fl. 33912 Applic. P.O. No.: Department; Revenue Services Phone: 403-2364 DUE AND PAYABLE UPON RECEIPT [BOARD DEPARTMENTS ONLY . CHARGES t::XPE;NSE UPON RECEIPT OF YELLOW COPY IN FINANCE] f DESCRJP~ION full bore flush, 2 disinfections, 2 Ip...___ost flushes ac fiddlers creek 2-B york orders 99971 and 9}390 t Labor 10.50 hfs @$15 per hr equ£pmeu~ 10.50 Hr~ @ $12 pet hour ~vater used 68 000 Gallons Ad~n~-traC~ve Fee TOTAL AMOUNT AMOUNT 157.50 126.00 171.30 1155.00 322.00 $1932.00 MAKE CNECKS PAYJ~LE TO COLUER COUNTY BOARD O~ COUNTY COMMISSIONERS DETACH AND MAIL THIS PORTION WITH YOUR CHECK TO: FINANCE DEPARTMENT BOARD OF C~UNTY COMMISSIONERS COLLIER COUNTY COURTHOUSE COMPLEX NAPb, E$. FLORIDA 34112 I~UNO ~08 REVENUE ACCOUNT COSTCENTE" I OeJ/Rr:V. COD, [ PROJECT 1 253212 343330 J000000 EXPENDITURE ACCOUNT COST CEO's'I Invoice: NO. 2 7,3 5 2 Amt. Encl.: A/R No.: 42CY]:R AMOUNT tNVOI,_.CE ~NO. ~TOTAL AMOUNT PAY GUYMANN CONSTRUCTION OF FLORIDA, INC. 5686 YOUNGQUIST ROAD FORT MYERS, FL 33912 TELEPHONE NUMBER (941) 481-6545 NalionsBank FORT MYERS, FLORIDA 7821 ~63-243 670 ,"ODD0 i,g ~; 800," 1~=2~-1997 I~:O~A~ FRO~ ~ULF ~AY CONSTRUCTIO 941 732 9313 DATE: OF~ O1~ THE FIRi~ MARS~ ~.mst Naples ~ ~oatrol and Rescue District 10120/~ 7 TO: FROM; RER UTILITIES DIVISION, SiTE PLAN REVIEW EAST NAPLES FIRE DEPARTMENT FIRE HYDRANT OWNERSHIP AND' MAINTENANCE The East Naples Fire Control an(] Rescue District agrees to accept ownership and maintenance of the hydrant(s) located at: Fiddlers Creek ( plots 10,49,50,51) This ownership and maintenance agreement shall not in any way be construed to alleviate the owners, developers, contractors etc.., from 'any liabilitiy for damages that may occur subsequent to this agreement as a result of faulty equipment, installation and/or damage by construction vehicles. Further, the water suooly to this/these hvclrant..~ ~otifyino the East Naoles 'Fir:e Department. FIRE MARSHAL, ENFD 4798 Davis Boulevard ./ Naples, FL FAX (813) 774-1782 33942 / (813) 774-7111 / 10-2011997 lo:00AM FROM GULF BAY CONSTRUCTIO 732 9313 P. 3 OF~IC~ 01~ TI~ Fn~ MARS~ ~ast N~ples ~ Control and Rescue District FIRE ,HyDRA1vr FLOW TEST II~OICE Date: 10/1~/G7, , Test Requested Time: 1030 Test~l. ,B.y. .;.. Spec~lflc LocaUo,n: Mulbe~r~,...In aha FIdd~xa Creelr _staUe l~ssur¢: 74 .~;ydrant #: new Fire Mow ~ :20 psi Residual Main Pressure: ~5.00 4728 lhvts Bouk. w~ / Nq:das, FL S32a2 ! (813) ??4,.?X's ~ / tAX ~2.~ ':rid. ~782 'o-~--I~/ 10:~[]AM FROM GULF BAY CONSTRUCTIO 9~1 732 9513 F-.,ast Nap/es Fire Control and Rescue DL~ct ~ ~ F1,,RE ,,HYD~ RANT.FLOW T,E,,,ST '~. .e. nTVOICE ~ Time: Test Re ested By: Tested Specific Location: Cham~ns~p dr ~ud Mulbe~ Ln ~[~ t~ 7~ Static Pressure:.._______~~O Hydrant ~: ~zew F/re Flow 0 20 l~i Residual Main FYessure: ~ 079 G~om Fee Due: $35.00 10-20-1997 10:01AM FROM GULF BAY CONSTRUCTIO 941 732 9313 Naples Fire. Control ~d Rescue District ~!1~ HYDRANT,, FLOW TEST INVOXC~ Date: 10/15/fl7 =. Time: I100 Tested By: Rm Test Re~:juested By: Spccffic Location: Whisper Trace Static Pre. ss~e: 72 H}rdrant #: Fire Flow ~ 20 psi Residual Main Pressure: 1156 Gpm Inspection Fee Due; $35.00 Preserving and enhancing Florida's quafity of life since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS October 21, 1997 Ms. Shirley Nix Collier County Engineering Review 2800 North Horseshoe Drive Naples, FL 34104 Re; Fiddler's Creek, Phase lB, Unit 2 HMA File No. 93.132, WO#13063 Dear Ms. Nix: A field fire flow test was completed by the East Naples Fire Control & Rescue District for the above referenced project and a copy of their acceptance of ownership and maintenance of the hydrants is attached. Based upon the results, a fire flow at 20 psi will yield a residual main pressure of 1,079 gpm. Therefore, the minimum design requirement of 750 gpm is met. Very truly yours, HOLE, MONTES AND ASSOCIATES, INC. W. Te~~ ~Cole, P.E. Associate/Project Manager Attachment cc: Sean Abernathie WTC:pam W:\1993\93132\13063\wtc\sn 1 bu271021.doc 715 TENTH STREET SOUTH POST OFFICE BOX 1586 NAPLES, FLORIDA 34106 941-262-4617 FAX 941-262-3074 HOLE, MONTES & ASSOCIATES, INC~ ENGINEERS - LAND SURVEYORS 715 TENTH ST SO. NAPLES, FL 33939 iNFiLTRATION/EXFILTRATION TEST OF SANITARY SEWER Engineer'S Project Number:~ Date of Test:~ Description of Line Tested: CALCULATION OF ALLOWABLE iN~iLTRATION/EX~ILTRATION PER 24 HOURS: (Gallons) x (Diam. of Pipe) x (Length of Pipe) / 5280 ft/mi = (in inches) 50 x ( /o" ) x ( 5O x ( ~" ) x ( 50 x ( 5O x ( )x( 50 x ( 50 x ( ) x ( 50 x ( ) x ( ) x ( 50 x ( (in feet) / 5280 = ~~z/~ ) / 5280 = ) / 5280 = ) / 5280 = ) / 5280 = ) / 5280 = ) / 5280 = ) / 5280 = Total gallons RESULTS OF TEST: Amount of infiltration/exfiltrati°n measured visible leaks noticed Enginee~ Hole, Montes & Associates, Inc. HMA FORH 100 DTD 3 DEC 1988 HOL~., MONTES & ASSOCIATES, INu. ENGINEERS - LAND SURVEYORS 715 TENTH ST SO. NAPLES, FL 33939 INFILTRATION/EXFILTRATION TEST OF SANITARY SEWER Engineer's Project N,,mher: ~. /~ Date of Test:__~_~9~ ~ Description of Line Tested: ~,. ~.~.¢. CALCULATION OF ~T,T~OW_A.BT.~ INFILTRATION/EXFILTRATiON PER 24 HOURS: (Gallons) x (Di~m. of Pipe) x (Length of Pipe) / 5280 ft/mt = (in inches) (in feet) 50 x ( ~., ) x ( 2,;/o ) / 5280 50 x ( ) x ( ) / 5280 50 x ( ) x ( ) 15280 50 x ( ) x ( ) / 5280 50 x ( ) x ( ) / 5280 50 x ( ) x ( ) / 5280 50 x ( ) x ( ) / 5280 50 x ( ) x ( ) / 5280 RESULTS OF TEST: Total gallons Amount of infiltration/exfiltration measured Visible leaks noticed Engine~er ~ole, Montes & Associates, Inc. FOR/( 100 DTD 3 DEC 1988 Con.actor / BOB LEE ELECTRIC INC. P.O. BOX 728 FORT MYERS, FLORIDA 33902 Phone: 693-9899 September 30, 1997 Guymann Construction 5686 Youngquist Road Fort Myers, Florida 33912 Attention: Fred Russell The electrical wiring for lift station ~11. at Fiddler's Creek is in accordance to plans and specifications supplied. Also, meets N.E.C. standards in effect at this date. Yours truly, Robert D. Lee President/Owner Bob Lee Electric Inc. RDL/sl [] 2152 SPRINT BLVD. APOPKA, FL 32703 (407) 886-3131 JOB NAME DIVISION OF ELLIS K. PHELPS & CO. RESPOND TO: )~ 5661 DIVISION DRIVE ~ 1100 53RD COURT SOUTH FORT MYERS, FL 33905 MANGONIA PARK ( 941 ) 693 - 5226 WEST PALM BEACH, FL 33407 (561) 848-2299 PUMP STATION START-UP REPORT FIDDLER CREEK 911 OPERATOR Naples, FL [] 124 AIRPORT PARK DR. SAVANNAH, GA 31408 (912) 966-1666 Collier County _ LOCATION OF STALLATION CONTRACTOR Guymann Construction PUMP MODEL CP3152 H.P. 20 iMPELLER_ 432_VOLTAGE SERIAL NUMBER ~1 181-9680323 ~2 181-9680322 #3 MANUFACTURER OF CONTROL OVERLOAD HEATER ~ CC 87.7 ALTERNATOR TESTED YES DESIGN CONDITIONS: GPM__TDH 230 PHASE 3 ~4 QCI SERIAL L/A CONNECTED. YES 01-97-13 GROUND CONNECTED COMMENTS: _ Ail controls operate good. Pumps sound good. YES MEGGER CHECK #1 INF _RED ~2 INF RED ~3 RED ~4 RED INF INF BLACK BLACK BLACK BLACK INF WHITE INF WHITE WHITE WHITE TO GROUND VOLTAGE CHECK: A to B A to G AMPERAGE CHECK: PUMPS SEATED PROPERLY CONTROL CIRCUIT PRIMARY 252 B to C 250 124 B to G 213 48 A 47 B 47 46 A 47 B 48 A B YES 124 SECONDARY A to C 249 A to G 124 C PHASE C PHASE C PHASE 24 OPERATOR HAS RECEIVED iNSTRUCTION MANUAL YES TDH TDH BOTH GPM ~~ //lTD! BOTH~GPM ____TDH FIELD TEST PERFORMANCE TEST: TDH 021017-2 GPM ~ll001.6GPM _ TDH 04 GPM ~3 GPM _ I certify this report to be accurate: official Start-Up Date: 9/23/97 08/05/97 DATE OF REVIEW:_ PROJECT NAi~E: Fiddlers Creek COLLIER COUNTY UTILITIES W~STEW~TER DEPARTM~"~ -PRoJECT VIDEO REV~z~ ENGINEER OF RECORDJ N/A CONSTRUCTION CONTRACTOR: Guymann Const. VIDEO CONTRACTOR:_ Sewer Viewerr Inc. COM/~ENTS: Lines and services are in good condition. RECOMPtENDATI ONS: · ~ ~VIEW ~BE~D CO~ENTS IN ONE YE~: ~ ~BE~D coUNTS UNACCEPTAB~: (~PAIR/~P~CE) ~ OTHER ~co~NDATIONS :__ Stephen L. NagY Senior Utility Tech. COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT SERVICES DIVISION 2800 NORTH HORSESHOE DRIVE NAPLES, FL 35942 {941) 645-8400 PLANNING SERVICES DEPARTMENT ENGINEERING REVIEW SECTION · \ CERTIFIED BLUE CHIP COMMUNITY September 23, 1997 Mr. Terry Cole Hole, Montes & Associates, Inc. 715 Tenth Street South Naples, Florida 34106 RE: Fiddler Creek l-B, Unit Two, Water & Sewer Dear Mr. Cole: A preliminary inspection of the referenced project was conducted by Randy Casey of the Engineering Review Section of the Planning Services Department on September 23, 1997. Conditions were found to be acceptable, and appear to meet County Standards. If you should have any questions, please do not hesitate to call Randy Casey at (941) 643-8418 or Clyde Fugate at (941)403-2417. Sinclr;Y~.~ Engineering Inspection Supervisor CF/rc/mk/c:\Inspection form CC: Cindy Erb, Engineering Technician, Public Works Timothy L. Clemons, Wastewater Director, Utilities Mike Newman, Water Director, Utilities Evelyn Ferguson, D.O.R. Billing Supervisor Randy Casey, Engineering Inspector, Engineering Review Section Shirley Nix, Engineering Tech. II, Engineering Review Section File Preserving and enhancing Florida's quality of life since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS PROJECT HMA ff- 93.132 REF. DWG. # B-2102-1 SEPTEMBER 17, 1997 PAGE 1 OF 2 LEGAL DESCRIPTION: A PORTION OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND A PORTION OF CHAMPIONSHIP DRIVE OF MARCO SHORES UNIT 30 GOLF COURSE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF SECTION 15,TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.00°lS'41"E., ALONG THE WEST LINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 15, FOR A DISTANCE OF 1342.90 FEET; THENCE DEPARTING THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 15, RUN S.89°41'19"E., FOR A DISTANCE OF 43.55 FEET, TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.45°18'43"E., FOR A DISTANCE OF 17.54 FEET; THENCE RUN S.89°13'35"E., FOR A DISTANCE OF 51.76 FEET; THENCE RUN N.88°28'59"E., FOR A DISTANCE OF 75.06 FEET; THENCE RUN S.89°13'35"E., FOR A DISTANCE OF 46.88 FEET; THENCE RUN S.70°44'05"E., FOR A DISTANCE OF 103.24 FEET; THENCE RUN S.46°14'05"E., FOR A DISTANCE OF 76.39 FEET; THENCE RUN S.66°44'05"E., FOR A DISTANCE OF 60.55 FEET; THENCE RUN S.89°13'35"E., FOR A DISTANCE OF 151.26 FEET; THENCE RUN N.68°15'55"E., FOR A DISTANCE OF 75.41 FEET; THENCE RUN S.74°14'05"E., FOR A DISTANCE OF 17.55 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 34.10 FEET; THENCE RUN N.75°45'55"E., FOR A DISTANCE OF 13.04 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 285.27 FEET; THENCE RUN S.74°14'05"E., FOR A DISTANCE OF 13.23 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 38.03 FEET; THENCE RUN N.75°45'55"E., FOR A DISTANCE OF 13.23 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 406.96 FEET; THENCE RUN S.74°14'05"E., FOR A DISTANCE OF 13.50 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 38.03 FEET; THENCE RUN N.75°45'55"E., FOR A DISTANCE OF 13.50 FEET; THENCE RUN S.89°14'05"E., FOR A DISTANCE OF 189.82 FEET; THENCE RUN S.43°23'11"E., FOR A DISTANCE OF 43.39 FEET; THENCE RUN S.01°36'49"W., FOR A DISTANCE OF 90.99 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE OF MARCO SHORES UNIT 30 GOLF COURSE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N.09°lT'28"E., A DISTANCE OF 1,209.67 FEET 'THEREFROM; THENCE RUN WESTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID CHAMPIONSHIP DRIVE AND ALONG 'THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,209.67 FEET, THROUGH A CENTRAL ANGLE OF 00°43'03", SUBTENDED BY A CHORD OF 15.15 FEET AT A BEARING OF N.80°21'00"W., FOR A DISTANCE OF 15.15 FEET TO THE END OF SAID CURVE; THENCE RUN N.01°36'49"E., FOR A DISTANCE OF 82.65 FEET; THENCE RUN N.43°23'11"W., FOR A DISTANCE OF 30.83 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 91.15 FEET; THENCE RUN S.78°08'16"W.,-FOR A DISTANCE OF 105.53 FEET; THENCE RUN S.79°46'25"W., FOR A DISTANCE OF40.65 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 419.19 FEET; THENCE RUN S.75°45'55"W.~ FOR A DISTANCE OF 13.23 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 40.66 FEET; THENCE RUN N.74°14'05"W., FOR A DISTANCE OF 13.27 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 35.50 FEET; THENCE RUN N.77°58'35"W., FOR A DISTANCE OF 157.48 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 91.98 FEET; THENCE RUN S.75°45'55"W., FOR A 10550 ABERNATHY STREET BONITA SPRINGS, FLORIDA 34135 941-992-0795 FAX 941-992~2327 PROJECT HMA # 93.132 REF. DWG. # B-2102-1 SEPTEMBER 17, 1997 PAGE 2 OF 2 DISTANCE OF 13.04 FEET; THENCE RUN N.89°14'05"W., FOR A DISTANCE OF 38.05 FEET; THENCE RUN N.74°14'05"W., FOR A DISTANCE OF 14.43 FEET; THENCE RUN S.68°15'55"W., FOR A DISTANCE OF 73.30 FEET; THENCE RUN N.89°13'~5"W., FOR A DISTANCE OF 157.23 FEET; THENCE RUN N.66°44'05"W., FOR A DISTANCE OF 66.25 FEET; THENCE RUN N.46°14'05"W., FOR A DISTANCE OF 75.85 FEET; THENCE RUN N.70°44'05"W., FOR A DISTANCE OF 97.54 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 44.14 FEET; THENCE RI.IN S.88°28'59"W., FOR A DISTANCE OF 75.06 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 45.78 FEET; THENCE RUN S.45°18'43"W., FOR A DISTANCE OF 11.25 FEET; THENCE RUN N.44°41'17"W., FOR A DISTANCE OF 15.00 FEET, TO THE POINT OF BEGINNING; CONTAINING 1.107 ACRES, MORE OR LESS. THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHEAST ONE- QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.00°I 8'41"E. HOLE, MONTES AND ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 P.S.M. #5628 STATE OF FLORIDA N 00"18'41" E 1342.90' LI'"~E'¥F THE NE I'/4--~F"~ECTION 1:5-51-26 ~ Z z~Z ¢¢~ ~ ~ ~ ~ ~ Z ~zz ~~ m~mmmmmmmmmmmm ~~mm r'- 0 0 CD 0 "O '13 00 Z Z --I -i 00 '-,'1 mO Z ~ Z m r~ 7 -i r'rl C) C <'3;:[1 --I .70 Z~zzZ 0 z I xl ~ zo~c~ Z 8°~ ~Zm 0 ~>z~ m z o © C mo~_-~ -'q~z · F- .... ommc=mz ..... m>oIm ~ ' ~0 >> > ~~>~Og. ~~o~mlo~-~ ~o m~m ~ ~¢ ~'~~¢0~00~ ~ " ~¢>>>>>~~~ - ...... - ~_ ~C~-- rO~~ oOOOOO¢ a o ~ ~ o O00 ~m zm~ mm m~ ~e~~mm~o_~o, ~m>000~s ~0 >OZ ~'"~H''"~IO~m~Z  ~'' ~' m~ mO~m ~'' ''" ~ ~m ~1-- ~-- ~ m mO ~ ~m~O~m- ~ ~" ~J~>~0~ ~ mzm%.OmZ S mmmz~c~lom m~o 01~I ~ ~ Olll~~¢ O-- mmom m~. ~ ¢~mmmO Z> _m~i~ ~ m ~ ~ mo ~0~ ~ZOm~ c~C ~ ~CCC~ m ¢. zCZ ~ >~Zzz~c oZ ~ %~C 0 I~ ~ 0 0 Z HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS Preserving and enhancing Florida's quality of life since 1966 HMA PROJECT #93.132X JULY 28, 1997 REF. DWG. B-2104 PAGE 1 OF 2 A 15.00 FOOT WIDE STRIP OF LAND LOCATED IN A PORTION OF SECTIONS 14 AND 23, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHEASTERLY CORNER OF TRACT U-l, OF FIDDLER'S CREEK PHASE lB, UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 35 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S. 74°51 '50" W., ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT U-l, FOR A DISTANCE OF 30.00 FEET; THENCE DEPARTING THE BOUNDARY OF SAID TRACT U-l, RUN S. 12°16'25" E. FOR A DISTANCE OF 8.01 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE HEREIN DESCRIBED; THENCE RUN N. 74°5~'50" E. FOR A DISTANCE OF 260.68 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 04°07'52", SUBTENDED BY A CHORD OF 69.06 FEET AT A BEARING OF N. 72°47'54" E., FOR A DISTANCE OF 69.07 FEET TO THE END OF SAID CURVE; THENCE RUN N. 20°22'44" W. FOR A DISTANCE OF 53.36 FEET; THENCE RUN S. 20°22'44' E., FOR A DISTANCE OF 53.36 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 19°16'02" W. A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 19018'06". SUBTENDED BY A CHORD OF 321.21 FEET AT A BEARING OF N. 61°04'55" E., FOR A DISTANCE OF 322.73 FEET TO THE END OF SAID CURVE; THENCE RUN N. 34°25'42" E. FOR A DISTANCE OF 13.96 FEET; THENCE RUN N. 49°25'42" E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 64025'42'. E. FOR A DISTANCE OF 13.96 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 42°34'29" W. A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF THE SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 17"54'44", SUBTENDED BY A CHORD OF 298.28 FEET AT A BEARING OF N. 38°28'10" E., FOR A DISTANCE OF 299.50 FEET TO THE END OF SAID CURVE; THENCE RUN N. 60°29'12" W. FOR A DISTANCE OF 41.30 FEET; THENCE RUN S. 60°29'12" E. FOR A DISTANCE OF 41.30 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 60°29'12" W. A DISTANCE OF 958.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, THROUGH A CENTRAL ANGLE OF 09°40'11', SUBTENDED BY A CHORD OF 161.49 FEET AT A BEARING OF N. 24°40'42" E., FOR A DISTANCE OF 161.68 FEET TO THE END OF SAID CURVE; THENCE RUN N. 19050'37" E. FOR A DISTANCE OF 147.02 FEET; THENCE RUN N. 04"50'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19°50'37" E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 34050'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19°50'37" E. FOR A DISTANCE OF 72.23 FEET; THENCE RUN N. 04°50'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19050'37'' E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 34°50'37" E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19050'37'' E. FOR A DISTANCE OF 91.93 FEET; THENCE RUN N. 70009'23" W. FOR A DISTANCE OF 41.93 FEET; THENCE RUN S. 70o09'23'' E. FOR A DISTANCE OF 41.93 FEET; THENCE RUN N. 19°50'37" E. FOR A DISTANCE OF 194.14 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF THE SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 10550 ABERNATHY STREET BONITA SPRINGS, FLORIDA 34135 941 992-0795 FAX 94]-992 2327 HMA PROJECT #93.132X JULY 28, 1997 REF. DWG. B-2104 PAGE 2 OF 2 FEET, THROUGH A CENTRAL ANGLE OF 00°52'14", SUBTENDED BY A CHORD OF 60.66 FEET AT A BEARING OF N. 20°16'44" E., FOR A DISTANCE OF 60.66 FEET TO THE END OF SAID CURVE; THENCE RUN N. 05°36'31" E. FOR A DISTANCE OF 18.36 FEET; THENCE RUN N. 20°36'31' E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 35°36'31' E. FOR A DISTANCE OF 21.94 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S. 68°09'11" E. A DISTANCE OF 3992.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 FEET, THROUGH A CENTRAL ANGLE OF 05°33'35", SUBTENDED BY A CHORD OF 387.21 FEET AT A BEARING OF N. 24°37'37" E., FOR A DISTANCE OF 387.36 FEET TO THE END OF SAID CURVE; THENCE RUN N. 12°51'40" E. FOR A DISTANCE OF 12.08 FEET; THENCE RUN N. 27°51'40" E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 42051'40" E. FOR A DISTANCE OF 12.08 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S. 61°41'04" E. A DISTANCE OF 3992.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF THE SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 FEET, THROUGH A CENTRAL ANGLE OF 02°42'51", SUBTENDED BY A CHORD OF 189.10 FEET AT A BEARING OF N. 29°40'22" E., FOR A DISTANCE OF 189.11 FEET TO THE END OF SAID CURVE; THENCE RUN N. 31°01'48" E. FOR A DISTANCE OF 18.08 FEET TO THE END OF SAID CENTERLINE; CONTAINING 0.939 ACRE, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE SOUTHERLY BOUNDARY OF TRACT U-l, OF FIDDLER'S CREEK PHASE lB, UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 35 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S. 74°51'50" W. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. HOLE, MONT:ES & ASSOCIATES, INC. CERTIFICATE OF' AUTHORIZATION LB #1772 THOMAS M. MURP~IY Z P.S.M. #5628 STATE OF FLORIDA ~ L'] 6*] ~0 ~ .... 0,,, O0 ._J Cgrn >- ZZ ..,~0 mF--.