Grey Oaks, Unit 9MEMORANDUM
DATE: May 7, 1998
TO: Maureen Kenyon, Supervisor, Clerk to Board
FROM: Shirley Nix, Engineering Technician II
Project Plan Review
RE: Grey Oaks, Unit 9
Sewer Facilities Acceptance
Recording Fee Number 113-138312-649030
On ../~/g/~/~l Z ~/ , 1-9~2~/The Board of County Commissioners
gran[e~ final acceptance of the water and/or sewer facilities
within the above-referenced project.
Attached, please find the following recorded, in order:
1. Bill of Sale
2. Utility Easement
3. Utilities Facilities Warranty Deed
Also, please find attached the following documents for your
files.
4. Owner's Affidavit
5. Attorney's Affidavit
o
10.
11.
Copy of preliminary approval letter from Engineering
Review
Engineer's final payment confirmation
Certification of pressure testing of sewer force mains
Engineer of Record
Bacteriological clearances (DER certification) for
water facilities (City)
DER Placement-in-Service letter for sewer facilities
Contractor's Final Release of Lien
Memorandum to Maureen Kenyon, Supervisor, Clerk to Board
May 7, 1998
Page Two
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
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
Letter from Engineer of Record certification of field
fire flow capacity testing
Certification of the inflow/infiltration test for the
sewer lines by Engineer of Record
Coating certification of man holes, wet wells and dry
well from manufacturer
Electrical Contractor's certification on Pump Station
electric service wire sizing and voltage drop, pursuant
to National Electrical Code specification
Copy of pump station start-up report
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
One copy of the Utility Easement
One copy of the recorded plat
One set of record drawings, signed and sealed by the
Engineer of Record
Memorandum to Maureen Kenyon, Supervisor, Clerk to Board
May 7, 1998
Page Three
Once the first documents are recorded, please send copies of the
recorded documents for our files. Also, please forward the
recording fee bill so we can collect from the developer. Thanks
for your assistance.
If you have any questions, please call and advise accordingly.
/sn
attachments
doc:2094-2
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FOR USE BY
CLERK OF COURT:
IBARRON COLLIER CO. [
231639 OR: 2 17 PG: 147
RECORDED in OFFICIAL RECORDS Of COLhlER COUNTY, F5
05/07/98 at II:34AM DWIGHT E. BROCK, CLERK
REC FEE 37.50
INDEXING 4.00
Retn:
ENGINEERING REVIEW SERVICES
SHIRLEY NIK
EXT 5586
BILL OF SALE
GREY OAKS UNIT NINE
THIS BILL OF SALE evidencing the sale. nd-Convey/race of the sewer utility facilities
described herein is made this !~'~. day of t~~r, 199~ by HALSTATr PARTNERSHIP,
a Florida General Partnership (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").
WITNESSETH:
That said Seller, for and in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration to said Seller in hand paid by the said Buyer, the receipt
whereof is hereby acknowledged, has granted, bargained, sold, transferred, set over and
delivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the
Buyer, and the Buyer's heirs, successors and assigns forever, all those certain sewer utility
facilities lying within the following described land, together with appurtenant easement rights
for the operation, installation and maintenance of said facilities, situate, lying and being in
Collier County, Florida, to wit:
(See 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 utility facilities; that said goods and chattels are free from all liens and encumbrances; that
it has good right, title and authority to sell same, and that it will warrant and defend the same
against the lawful claims and demands of all persons whomsoever. Seller and Buyer are used
for singular or plural, as the context requires.
OR: 2417 PG: 1475
In Witness Whereof, Seller has caused these presents to be executed the date and year first
above written.
Signed and delivered
in our presence:
'v'0itness ~/ARRY 0. "I~ND~Y ~/
Witness
DENA R. SUTOR
Print Name:
THE HALSTATT PARTNERSHIP, a Florida
general partnership BY: Lloyd G. Hendry, Harold
S. Lynton, and Juliet C. Sproul, as Trustees of the
Edith Collier Sproul Trust Agreement dated
December 29, 1969, and as confn'med by
Agreement of Termination of Trusteeship dated
June 7, 1982, PARTNER
LIJOYEv"G. HENDRY, Tm~
S'rA ov y
COUNTY OF ~&O._._
The foregoing instrument was acknowledged before me this ~-t-~ day of
(2]~xa¥~owa.,x~ ,199g, by LLOYD G. HBNDRY, AS TRUSTEE, of the Edith Collier Sproul
~ under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of
Trusteeship dated June 7, 1982, Panner, on behalf of said Florida general partnership, who is
personally known to me and who did take an oath.
Notary Public DENA R. SUTOR
My Commission Expires: 8-1 g "q (~
2
OR: 2417 PG: 1476
In Witness Whereof, Seller has caused these presents to be executed the date and year first
above written.
Signed and delivered
in our presence:
THE HALSTATr PARTNERSHIP, a Florida
general partnership BY: Lloyd G. Hendry, Harold
S. Lynton, and Juliet C. Sproul, as Trustees of the
Edith Collier Sproul Trust Agreement dated
December 29, 1969, and as confirmed by
Agreement of Termination of Trusteeship dated
June 7, 1982, PARTNER
Witness
D~)RIS J. LEWIS
Print Name:
Witnes~ARClA J. WILHELM
Print Name:
HAROLD S. LYNTON~/rmstee
STATE OF
COUNTY
(3The foregoing instrument was acknowledged before me this / ?~ day of
.~q/~x_~ff ,199~, by HAROLD S. LYNTON, AS TRUSTF~g., of the Edith Collier sproul
Tm~t under Trust )kgreement dated December 29, 1969, and as conf'mned by Agreement of Termination
of Trusteeship dated June 7, 1982, Partner, on behalf of said Florida general partnership, who is
personally known to me and who did take an oath.
.......... SUSN/R. MILLER
MY C0I~tlSSI~ # (~ ~2082
~.~¢o.~ E~IRES: July 25. 1,
., ~x,- [~e~d ~ Notary ~ Un~rw~m
Notary Public
My Commission Expires: 7/~
3
OR: 2417 PG: 1477
In Witness Whereof, Seller has caused these presents to be executed the date and year first
above written.
Signed and delivered
in our presence:
Witness DOi~J J. LEWIS
Print Name: . /~ ,~
Witness
MARCIA J. WILHELM
Print Name:
THE HALSTATT PARTNERSHIP, a Florida
general partnership BY: Lloyd G. Hendry, Harold
S. Lynton, and Juliet C. Sproul, as Trustees of the
Edith Collier Sproul Trust Agreement dated
December 29, 1969, and as confirmed by
Agreement of Termination of Trusteeship dated
June 7, 1982, PARTNER
C.'S#ROb , fruaee
STATE OF ~"Z. p ~ / Z~/q
COUNTY OF Coz-LIE ~-~
egoing, instrument was acknowledged before me this /~.~t~ day of
199~ by JULIET C. SPROUL, AS TRUSTEE, of the Edith Collier Sproul
T~st under Agreement dated December 29, 1969, and as confu'med by Agreement of Termination of
Trusteeship dated June 7, 1982, Partner, on behalf of said Florida general partnership, who is
personally known to me and who did take an oath.
Notary Public
My Commission Expires: 7/-z-~-//? F
4
OR: 2417 PG: 1478
In Witness Whereof, Seller has caused these presents to be executed the date and year first
above written.
Signed and delivered
in our presence:
Witness ~
no~!$ J_ LEW!S
Witness
MARCIA J. WILHELM
Print Name:
THE HALSTATT PARTNERSHIP, a Florida
general partnership BY: HAROLD S. LYNTON,
KATHERINE G. SPROUL and JULIET C.
SPROUL, as Trustees for JULIET C. SPROUL
under the Will of Ban'on Collier, Jr., deceased, and
as confirmed by Change of Trustees dated June 15,
1993 and filed June 22, 1993, in Probate No. 76-
33, of the Probate Records of Collier County,
Florida, PARTNER
HAROLD S. LYNTON, Trustee
STATE OF
COUNTY
The foregoing instrument was acknowledged before me this /~7..~ day of
,199~, by HAROLD S. LYNTON, AS TRUSTEE, for Juliet C. Sproul under
n Collier, Jr., deceased, and as confn'med by Change of Trustees dated June 15, 1993,
and fried June 22, 1993, in Probate No. 76-33, of the Probate Records of Collier County, Florida,
PARTNER, on behalf of said Florida General Partnership, who is personally known to me and who did
take an oath.
lq'otary Public .~ ~t z,,~v'
My Commission Expires:
In Witness Whereof, Seller has caused these presents to be executed the date and year first
above written.
Signed and delivered
in our presence:
Witness
DORIS J. LEWII~
Print Name:
Witness
MARCIA J. WILHELM
Print Name:
THE HALSTATT PARTNERSHIP, a Florida
general partnership BY: HAROLD S. LYNTON,
KATHERINE G. SPROUL and JULIET C.
SPROUL, as Trustees for JULIET C. SPROUL
under the Will of Barton Collier, Jr., deceased, and
as confumed by Change of Trustees dated June 15,
1993 and fried June 22, 1993, in Probate No. 76-
33, of the Probate Records of Collier County,
Fl°rida' PARTNER ~/~f /~2,{ p,.~(~_/)
By: ~jZ~q~L
K~TH~NE G. S~R-(SL]'L, Trustee
STATE OF /C/-.o ~q / ~ tq
COUNTY OF
going, instrument was acknowledged before me this ?~f' day of
199;h by KATHERINE G. SPROUL, AS TRUSTI~g, for Juliet C. Sproul
Wi~er the Will df Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated June
15, 1993, and Fried June 22, 1993, in Probate No. 76-33, of the Probate Records of Collier County,
Florida, PARTNER, on behalf of said Florida General Partnership, who is personally known to me and
who did take an oath.
i~otary Public ~ ~ s,'~,~, /~'- /~/L&ZS..t
My Commission Expires: 7/..z~-//?,~
6
OR: 2417 PG: 1480
In Witness Whereof, Seller has caused these presents to be executed the date and year first
above written.
Signed and delivered
in our presence:
Witness DoR~$ J. LEWIS
W't ess MARClAJ.~fl/LHELM
Print Name:
THE HALSTATT PARTNERSHIP, a Florida
general partnership BY: HAROLD S. LYNTON,
KATHERINE G. SPROUL and JULIET C.
SPROUL, as Trustees for JULIET C. SPROUL
under the Will of Barron Collier, Jr., deceased, and
as confirmed by Change of Trustees dated June 15,
1993 and filed June 22, 1993, in Probate No. 76-
33, of the Probate Records of Collier County,
Florida, PARTNER
~.8/[J~T ~2. S~RrLI~, 'Trustee
STATE OF
COUNTY
oregoing, instrument was acknowledged before me this /?/~-,~ day of
1995, by JULIET C. SPROUL, AS TRUSTEE for JULIET C. SPROUL
~t'nder the W)II of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated June
15, 1993, and fried June 22, 1993, in Probate No. 76-33, of the Probate Records of Collier County,
Florida, PARTNER, on behalf of said Florida General Partnership, who is personally known to me and
who did take an oath.
~s ~stmmeflt pmp~
Notary Public .~a$~q,v /q'. /~//~a~'/~'
My Commission Expires: ?/~ 3~/?a~
Kathleen C. Passidomo, Esq.
Kelly, Price, Passidomo & Siket
2640 Golden Gate Parkway, Suite 315
Naples, Florida 34105
(941) 261-3453
kathleen\greyoaks\county .doc\BOS. U9
7
OR: 2417 PG: 1481
EXHIBIT "A"
LEGAL DF..S CRIPTION
UTILITY DEDICATION GREY OAKS UNIT NINE
That certain real property designated C.U.E., U.E., D.E. and M.E., Tract R, Grey Oaks Unit
Nine, according to the Plat thereof, recorded in Plat Book 28, Pages 22 through 26, inclusive,
of the Public Records of Collier County, Florida.
I BARRON
COLLIER CO. I
2316395 OR: 2417 PG: 1482
RECORDED in O~HCIAL RECORDS of COLLIER COUNTY, ~L
05/07/98 at ll:34AM DWIGHT E. BROCK, CLERK
REC FEE 37.50
INDEXING 4.00
DOC-,70 ,70
Rein:
ENGINEERING REVIEW SERVICES
SHIRLHY
EZT 5586
UTILITY EASEMENT
GREY OAKS UNIT NINE
THIS EASEMENT, granted this ~_~ day of ~, 199~, by The Halstatt
Partnership, as Grantor, a Florida General partnership to the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, its successors and assigns, as Grantee.
WITNESSETH:
That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other
valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby
conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual,
non-exclusive easement, license, and privilege to enter upon and to install and maintain utility
facilities, in, on, over and under the following described lands being located in Collier County,
Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference
TO HAVE AND TO HOLD the same unto said Grantee and its assigns, together with
the right to enter upon said land, excavate, and take materials for the purpose of constructing,
operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular
or plural, as the context requires.
In Witness Whereof, Grantor has caused these presents to be executed the date and year first
above written.
Signed and delivered
in our presence:
Witness ~'t~gl~Y O. I-IENDg:¥
THE HALSTATr PARTNERSHIP, a Florida
general partnership BY: Lloyd G. Hendry, Harold
S. Lynton, and Juliet C. Sproul, as Trustees of the
Edith Collier Sproul Trust Agreement dated
December 29, 1969, and as corrFmned by
Agreement of Termination of Trusteeship dated
June 7, 1982, PARTNER
LLb~Dd3. HENDRy, Tms~
Witness
DENA R. SUTOR
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this ~5'fl'') day of
o,a.a.,v 1998, LLOYD G. HENDRY, AS TRUSTg~I~., of the Edith Collier Sproul
by
t under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of
Trusteeship dated June 7, 1982, Partner, on behalf of said Florida general partnership, who is
personally known to me and who did take an oath.
"O;,mlC ST AT?..X\xx'
2
OR: 2417 PG: 1484
In Witness Whereof, Grantor has caused these presents to be executed the date and year first
above written.
Signed and delivered
in our presence:
THE HALSTATr PARTNERSHIP, a Florida
general partnership BY: Lloyd G. Hendry, Harold
S. Lynton, and Juliet C. Sproul, as Trustees of the
Edith Collier Sproul Trust Agreement dated
December 29, 1969, and as confmned by
Agreement of Termination of Trusteeship dated
June 7, 1982, PARTNER
Witness ,~
DOR!~-J. LEW!$
MARCIA J. WILHELM
Print Name:
B ~ ~ ~/~.'
HAROLD S. LYNT~i~I, Trustee
STATE OF
COUNTY
~B.~u~~egoing instrument was acknowledged before me this //-~ day of
,199~,, by HAROLD S. LYNTON, AS TRUSTEE, of the Edith Collier sproul
Agreement dated December 29, 1969, and as confirmed by Agreement of Termination
of Trusteeship dated June 7, 1982, Partner, on behalf of said Florida general partnership, who is
personally known to me and who did take an oath.
l~otary Public ,5'ct~4A? ,~.
My Commission Expires:
3
OR: 2417 PG: 1485
In Witness Whereof, Grantor has caused these presents to be executed the date and year first
above written.
Signed and delivered
in our presence:
Witness ~J
DORIS J. Lb.v,,,.
Name: .. ,-..
Witness /2/
MARCIA J. WILHELM
Print Name:
THE HALSTATr PARTNERSHIP, a Florida
general partnership BY: Lloyd G. Hendry, Harold
S. Lynton, and Juliet C. Sproul, as Trustees of the
Edith Collier Sproul Trust Agreement dated
December 29, 1969, and as confirmed by
Agreement of Termination of Trusteeship dated
June 7, 1982, PARTNER
~E~ C.-S15RO'U~, ~'mstee
STATE OF ~/_ o ,~ / b ,,~
COUNTY OF
The foregoing instrument was acknowledged before me this /?,~-~ day of
r~r~4x.c.c.a2~~ , 199~5, by JULIET C. SPROUL, AS TRUSTEE, of the Edith Collier Sproul
T(:~t under Agrq~ment dated December 29, 1969, and as confn'med by Agreement of Termination of
Trusteeship dated June 7, 1982, Partner, on behalf of said Florida general partnership, who is
personally known to me and who did take an oath.
Notary Public _~t4 $,4,q
My Commission Expires:
4
OR: 2417 PG: 1486
In Witness Whereof, Grantor has caused these presents to be executed the date and year first
above written.
Signed and delivered
in our presence:
Witness
DORIS J. LEWIS
Pti tName: . c / ',~ / ~ .
Witness MARCIA J. V{/I[HELM
Print Name:
THE HALSTATT PARTNERSHIP, a Florida
general partnership BY: HAROLD S. LYNTON,
KATHERINE G. SPROUL and JULIET C.
SPROUL, as Trustees for JULIET C. SPROUL
under the Will of Barron Collier, Jr., deceased, and
as conf'n'med by Change of Trustees dated June 15,
1993 and fried June 22, 1993, in Probate No. 76-
33, of the Probate Records of Collier County,
Florida, PARTNER
HAROLD S. L~TON, Trustee
STATE OF ,~"/-o ~ / b ,~
COUNTY OF C'aa~-/ff/<E
The foregoing instrument was acknowledged before me this /~7.Z~ day of
199~, by HAROLD S. LYNTON, AS TRUSTiTE, for Juliet C. Sproul under
n Collier, Jr., deceased, and as confnmed by Change of Trustees dated June 15, 1993,
and fried June 22, 1993, in Probate No. 76-33, of the Probate Records of Collier County, Florida,
PARTNER, on behalf of said Florida General Partnership, who is personally known to me and who did
take an oath.
l~otary Public ~'t.c.5/,/,q ;~, K~I./L.L.~'~'
My Commission Expires: 7/~-c'/?J>
5
OR: 2417 PG: 1487
In Witness Whereof, Grantor has caused these presents to be executed the date and year first
above written.
Signed and delivered
in our presence:
Witness
DORIR
Witness
MARCIA J. WILHELM
Print Name:
THE HALSTATT PARTNERSHIP, a Florida
general partnership BY: HAROLD S. LYNTON,
KATHERINE G. SPROUT_, and JULIET C.
SPROUL, as Trustees for JULIET C. SPROUL
under the Will of Ban'on Collier, Jr., deceased, and
as confh-med by Change of Trustees dated June 15,
1993 and fried June 22, 1993, in Probate No. 76-
33, of the Probate Records of Collier County,
Florida, PARTNER ~
STATE OF .A--~. o ,< //b ~q
COLTNTY OF CO z.L! ~ ~
fThe foregoing instrument was acknowledged before me this /~.z-Z' day of
, 199~, by KATHERINE G. SPROUL, AS TRUSTEE, for Juliet C. Sproul
Barton Collier, Jr., deceased, and as confh'med by Change of Trustees dated June
15, 1993, and fried June 22, 1993, in Probate No. 76-33, of the Probate Records of Collier County,
Florida, PARTNER, on behalf of said Florida General Partnership, who is personally known to me and
who did take an oath.
My Commission Expires:
6
OR: 2417 PG: 1488
In Witness Whereof, Grantor has caused these presents to be executed the date and year first
above written.
Signed and delivered
in our presence:
Witness
DORIS J. LEW~S
Witnes~tARClA j'
WILHELM
Print Name:
THE HALSTATT PARTNERSHIP, a Florida
general partnership BY: HAROLD S. LYNTON,
KATHERINE G. SPROUL and JULIET C.
SPROUL, as Trustees for JULIET C. SPROUL
under the Will of Barron Collier, Jr., deceased, and
as confirmed by Change of Trustees dated June 15,
1993 and filed June 22, 1993, in Probate No. 76-
33, of the Probate Records of Collier County,
Florida, PARTNER
g~.~]~T C. SPROOL?rmstee
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this /?~' day of
199~, by JUI~ET C. SPROUL, AS TRUSTEE for JULIET C. SPROUL
u Barron Collier, Jr., deceased, and as conf'mned by Change of Trustees dated June
15, 1993, and filed June 22, 1993, in Probate No. 76-33, of the Probate Records of Collier County,
Florida, PARTNER, on behalf of said Florida General Partnership, who is personally known to me and
who did take an oath.
This instrument prepared by:
Notary Public
My Commission Expires:
Kathieen C. Passidomo, Esq.
Kelly, Price, Passidomo & Siket
2640 Golden Gate Parkway, Suite 315
Naples, Florida 34105
(941) 261-3453
kathl~n\greyoaks\eounty.doc\UE.U9
7
OR: 2417 PG: 1489
LEGAL DESCRIPTION
UTILITY DEDICATION GREY OAKS UNiT NINE
That certain real property designated C.U.E., U.E., D.E. and M.E., Tract R, Grey Oaks Unit
Nine, according to the Plat thereof, recorded in Plat Book 28, Pages 22 through 26, inclusive,
of the Public Records of Collier County, Florida.
FOR USE BY THE
CLERK OF COURT:
2316396 OR: 2417 PG: 1490
RECORDED in OFFICIAL RECORDS of COLLIER COUN?¥,
05/07/98 at lI:34AM DWIGHT E, BROCK, CLERK
REC FEE 37,50
INDEXING 4.00
DOC-,70 .70
Retn:
ENGINEERING REVIEW SERVICES
SHIRLEY NIX
EXT 5586
UTILITIES FACILITIES WARRANTY DEED
GREY OAKS UNIT NINE
THIS INDENTURE, made this }._~ day of ~9 199l between THE
HALSTATr PARTNERSHIP, a FLorida General Partnership (hereinafter referred to as
"Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO
THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its
successors and assigns (hereinafter referred to as "Grantee").
WITNESSETH:
That said Grantor, for and in consideration of the sum of Ten Dollars 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 sewer utility facilities lying within the
following described land, together with appurtenant easement rights for the operation, installation
and maintenance of said facilities, situate, lying and being in Collier County, Florida, to wit:
(See Exhibit "A" attached hereto
and incorporated by reference herein)
and said Grantor does hereby fully warrant the title to said utility facilities, and will defend the
same against the lawful claims of all persons whomsoever. For the purposes of this conveyance,
the utility facilities conveyed herein shall not be deemed to convey any of the lands described
in Exhibit "A". Grantor and Grantee are used for singular or plural, as context requires.
In Witness Whereof, Grantor has caused these presents to be executed the date and year first
above written.
Signed and delivered
in our presence:
Witness
THE HALSTATT PARTNERSHIP, a Florida
general partnership BY: Lloyd G. Hendry, Harold
S. Lynton, and Juliet C. Sproul, as Trustees of the
Edith Collier Sproul Trust Agreement dated
December 29, 1969, and as confirmed by
Agreement of Termination of Trusteeship dated
June 7, 1982, PARTNER
Witne~NA R. SUTOR
Print Name:
COUNTY OF
The foregoing instrument was acknowledged before me this ,~ day of
t~v~.j,.,,.,~ ,199~, by LLOYD G. HENDRY, AS TRUSTEE, of the Edith Collier Sproul
under Agreement dated December 29, 1969, and as conrLrmed by Agreement of Termination of
Trusteeship dated June 7, 1982, Partner, on behalf of said Florida general partnership, who is
personally known to me and who did take an oath.
Notary Public DENA RI SUTOR
My Commission Expires: o° -I gv_q 0t
2
In Witness Whereof, Grantor has caused these presents to be executed the date and year first
above written.
Signed and delivered
in our presence:
THE HALSTATT PARTNERSHIP, a Florida
general partnership BY: Lloyd G. Hendry, Harold
S. Lynton, and Juliet C. Sproul, as Trustees of the
Edith Collier Sproul Trust Agreement dated
December 29, 1969, and as confirmed by
Agreement of Termination of Trusteeship dated
June 7, 1982, PARTNER
Witness
DORIS J. LEWIS
Print Name:.
Witness
MARCIA J. WILHELM
Print Name:
HAROLD S. LYNTOI~, Trustee
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this //~2-~ day of
t 199~ by HAROLD S. LYNTON, AS TRUSTEE, of the Edith Collier sproul
Agreement dated December 29, 1969, and as confirmed by Agreement of Termination
of Trusteeship dated June 7, 1982, Partner, on behalf of said Florida general partnership, who is
personally known to me and who did take an oath.
Notary Public .~ t4 y~/~ ,~.
My Commission Expires:
3
In Witness Whereof, Grantor has caused these presents to be executed the date and year first
above written.
Signed and delivered
in our presence:
Witness
DORIS J. LEWIS
Print Name: ~
Witness
MARCIA J. WILHELM
Print Name:
THE HALSTATT PARTNERSHIP, a Florida
general partnership BY: Lloyd G. Hendry, Harold
$. Lynton, and Juliet C. Sproul, as Trustees of the
Edith Collier Sproul Trust Agreement dated
December 29, 1969, and as confn'med by
Agreement of Termination of Trusteeship dated
June 7, 1982, PARTNER
~}QrI~ET C. S'IS'R~)O[,~ T-tastee
STATE OF F/-. o
COUNTY OF C
The foregoing instrument was acknowledged before me this /~.z>/_ day of
ee, 199~, by JULIET C. SPROUL, AS TRUS~E, of the Edith Collier Sproul
ment dated December 29, 1969, and as confirmed by Agreement of Termination of
Trusteeship dated June 7, 1982, Partner, on behalf of said Florida general partnership, who is
personally known to me and who did take an oath.
Notary Public ~.~.5,,¢m' ,~.
My Commission Expires:
4
In Witness Whereof, Grantor has caused these presems to be executed the date and year first
above written.
Signed and delivered
in our presence:
Witness
DORIS J. LEWIS
Print Name: . ~ '
Witness
MARCIA J. WlLI..IEL~
Print Name:
THE HALSTATT PARTNERSHIP, a Florida
general partnership BY: HAROLD S. LYNTON,
KATHERINE G. SPROUL and JULIET C.
SPROUL, as Trustees for JULIET C. SPROUL
under the Will of Barton Collier, Jr., deceased, and
as confirmed by Change of Trustees dated June 15,
1993 and filed June 22, 1993, in Probate No. 76-
33, of the Probate Records of Collier County,
Florida, PARTNER
HAROLD S. LYNTON~/Trustee
STATE OF F"Ko ~,. //~ F)
COUNTY OF Oo~LI~
24.zex.tf./oregoing instrument was acknowledged before me this /~fi-~ day of
,199~, by HAROLD S. LYNTON, AS TRUSTF~E, for Juliet C. Sproul under
~e Will of BoJron Collier, Jr., deceased, and as confirmed by Change of Trustees dated June 15, 1993,
and fried June 22, 1993, in Probate No. 76-33, of the Probate Records of Collier County, Florida,
PARTNER, on behalf of said Florida General Partnership, who is personally known to me and who did
take an oath.
~lotary Public ._~t. cs~/,/ ,,~,
My Commission Expires:
In WRness Whereof, Grantor has caused these presents to be executed the date and year first
above written.
Signed and delivered
in our presence:
Witness
DORIS J. LEWIS
Witness ~. ~.~..~.~L~
MARCIA d. WILHELM
Print Name:
THE HALSTATT PARTNERSHIP, a Florida
general partnership BY: HAROLD S. LYNTON,
KATHERINE G. SPROUL and JULIET C.
SPROUL, as Trustees for JULIET C. SPROUL
under the Will of Barron Collier, Jr., deceased, and
as confh'med by Change of Trustees dated June 15,
1993 and filed June 22, 1993, in Probate No. 76-
33, of the Probate Records of Collie~/.County,
Florida, PARTNER //
KATHERINE G. SP~O~UL,'Tmstee
STATE OF /~'&o ~/b,~
COUNTY OF ~ ~ z.&/~ ,~
_~rt~4.~t~.yThe foregoing instrument was acknowledged before me this //'~,f day of
, 1992~, by KATHERINE G. SPROUL, AS TRUSTEE, for Juliet C. Sproul
¢t/der the Will/of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated June
15, 1993, and fried June 22, 1993, in Probate No. 76-33, of the Probate Records of Collier County,
Florida, PARTNER, on behalf of said Florida General Partnership, who is personally known to me and
who did take an oath.
lqlotary Public 5~xsrc/q /~.
My Commission Expires:
6
~ BARR(~ COLt. IE~ CO, ~
In Witness Whereof, Grantor has caused these presents to be executed the date and year first
above written.
Signed and delivered
in our presence:
Witness
DORI~ J, LI~W!$
Print Name:.
Witness d/
MARCIA J. WILHELM
Print Name:
THE HALSTATT PARTNERSHIP, a Florida
general partnership BY: HAROLD S. LYNTON,
KATHERINE G. SPROUL and JULIET C.
SPROUL, as Trustees for JULIET C. SPROUL
under the Will of Barron Collier, Jr., deceased, and
as confirmed by Change of Trustees dated June 15,
1993 and filed June 22, 1993, in Probate No. 76-
33, of the Probate Records of Collier County,
Florida, PARTNER
-~RT C. ~P'~(}T_l~/~r~rustee '
STATE OF
COUNTY OF
regoing instrument was acknowledged before me this /ff..,e~ day of
199~ by JULIET C. SPROUL, AS TRUSTEE for JULIET C. SPROUL
~/tfder the Will' of Barron Collier, Jr., deceased, and as confn'med by Change of Trustees dated June
15, 1993, and fried June 22, 1993, in Probate No. 76-33, of the Probate Records of Collier County,
Florida, PARTNER, on behalf of said Florida General Partnership, who is personally known to me and
who did take an oath.
j i '- -
/ ~:r:~l~./o~~ EXPIRES' July 2~ 1~8 I1
This instmme~Parea oy:
Notary Public ,~ ~ ~,,~,'v
My Commission Expires:
Kathleen C. Passidomo, Esq.
Kelly, Price, Passidomo & Siket
2640 Golden Gate Parkway, Suite 315
Naples, Florida 34105
(941) 261-3453
kathlccn\grcyoaks\county .doc\WD. U9
EXHIBIT "A"
LEGAL DESCRIPTION
UTILITY DEDICATION GREY OAKS UNIT
That certain real property designated C.U.E., U.E., D.E. and M.E., Tract R, Grey Oaks Unit
Nine, according to the Plat thereof, recorded in Plat Book 28, Pages 22 through 26, inclusive,
of the Public Records of Collier County, Florida.
OWNER'S AFFIDAVIT
GREY OAKS UNIT NINE
STATE OF FLORIDA
COUNTY OF COLLIER
On this [~. day of~~r, 19~, before me personally appeared the undersigned,
as General Partners of The Halstatt Partnership, owner of the following described property, to
me personally known (hereinafter "Affiant"), who, being duly sworn on their oath, did say that
all of the persons, firms, and corporations, including the general contractor and all
subcontractors, who have furnished services, labor or materials according to plans and
specifications, or extra items, used in the construction or repair of sewer utility facilities on the
real estate hereinafter described, have been paid in full and that such work has been fully
completed and accepted by the owner.
Affiant further says that no claims have been made to the Owner by, nor is any suit now
pending on behalf of, any contractor, subcontractor, laborer or materialman, and further that no
chattel mortgages or conditional bills of sale have been given or are now outstanding as to the
subject utility facilities placed upon or installed in the aforesaid premises.
Affiant further says that the utility facilities described herein are not included in,
encumbered by, or subject to any real property mortgage, chattel mortgage, security agreement,
Uniform Commercial Code financing statement, or any other encumbrance.
Affiant, as and on behalf of the owner of the subject utility facilities, does for valuable
consideration hereby agree and guarantee, to hold the Board of County Commissioners of Collier
County, Florida, as the governing body of Collier County and as Ex-Officio the Governing
Board of the Collier County Water-Sewer District harmless against any lien, claim or suit by
any general contractor, subcontractor, mechanic or materialman, and against chattel mortgages,
security interests or repair of the subject utility facilities. Affiant is used as singular or plural,
as the context requires.
The 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.
Signed and delivered
in our presence:
Witness '"~A~RY O, }tENDR¥
witnes~£NA R. SUTOR
Print Name:
THE HALSTATr PARTNERSHIP, a Florida
general partnership BY: Lloyd G. Hendry, Harold
S. Lynton, and Juliet C. Sproul, as Trustees of the
Edith Collier Sproul Trust Agreement dated
December 29, 1969, and as confirmed by
Agreement of Termination of Trusteeship dated
June 7, 1982, PARTNER
By: ~ZJ~~~
LLoYI~G. HENDRY, Tms~
STATE OF D O [c~_c,_
COUNTY OF ~. e_-o.__ . ~
The foregoing instrument was a~vted, g~ before me this ,~44~_ day of
<Z~rx~x t~vx.~ ,199~, by LLOYD G. HEN-DRY, AS TRUSTEE, of the Edith Collier Sproul
T_n~i under Agr~ment dated December 29, 1969, and as confirmed by Agreement of Termination of
Trusteeship dated June 7, 1982, Partner, on behalf of said Florida general partnership, who is
personally known to me and who did take an oath.
Notary PublicDENA R. SUTOR
My Commission Expires:
2
In Witness Whereof, Affiant has caused these presents to be executed the date and year first
above written.
Signed and delivered
in our presence:
THE HALSTATT PARTNERSHIP, a Florida
general partnership BY: Lloyd G. Hendry, Harold
S. Lynton, and Juliet C. Sproul, as Trustees of the
Edith Collier Sproul Trust Agreement dated
December 29, 1969, and as confirmed by
Agreement of Termination of Trusteeship dated
June 7, 1982, PARTNER
Witness DO'~iS J. LEV'v.z
..
Witnesslv RCIA J. II3-1ELM
Print Name:
HAROLD S. LYNT~N, Trustee
STATE OF p--Z ~ ~? / B t~
(h The foregoing instrument was ~ before me this //fi~-~ day of
.~ ,1993, by HAROLD S. LYNTON, AS TRUSTEE, of the Edith Collier sproul
Th(st under TruSt Agreement dated December 29, 1969, and as confirmed by Agreement of Termination
of Trusteeship dated June 7, 1982, Partner, on behalf of said Florida general partnership, who is
personally known to me and who did take an oath.
l~otary Public 5'~ x~
My Commission Expires:
3
In Witness Whereof, Affiant has caused these presents to be executed the date and year first
above written.
Signed and delivered
in our presence:
Witness 5
DORIS d. LEWIS
Print Name:. ~. . !
Witness MARCIA J. WILHELM
Print Name:
THE HALSTATr PARTNERSHIP, a Florida
general partnership BY: Lloyd G. Hendry, Harold
S. Lynton, and Juliet C. Sproul, as Trustees of the
Edith Collier Sproul Trust Agreement dated
December 29, 1969, and as conf'mned by
Agreement of Termination of Trusteeship dated
June 7, 1982, PARTNER
C. ~P~O[II~, 5'tastee
STATE OF tC'L.o~/2~ t'/
COUNTY OF CoL.~-IEf,
s~ ~~'~f~re~
The foregoing instrument wa me this ~/~ day of
ee, 199~b, by JULIET C. SPROUL, AS TRUSTEE, of the Edith Collier Sproul
ment dated December 29, 1969, and as confn'med by Agreement of Termination of
Trusteeship dated June 7, 1982, Partner, on behalf of said Florida general partnership, who is
personally known to me and who did take an oath.
N~tary Public
My Commission Expires:
4
In Witness Whereof, Affiant has caused these presents to be executed the date and year first
above written.
Signed and delivered
in our presence:
Witness
DORIS J. LEWIS
witness
MARCIA J. WILHELM
Prim Name:
THE HALSTATr PARTNERSHIP, a Florida
general partnership BY: HAROLD S. LYNTON,
KATHERINE G. SPROUL and JULIET C.
SPROUL, as Trustees for JULIET C. SPROUL
under the Will of Barron Collier, Jr., deceased, and
as confirmed by Change of Trustees dated June 15,
1993 and filed June 22, 1993, in Probate No. 76-
33, of the Probate Records of Collier County,
Florida, PARTNER
HAROLD S. LYNT~N, Trustee
STATE OF /E'A ~ ~ / ~ r~
COUNTY OF
~e forego~g instrument was ~ before me t~s /~ ~y of
o 199~ by H~OLD S. LY~ON, AS ~US~E, for Juliet C. Sproul under
n Co~er, Jr., d~eas~, and as co~ by Change of Trust,s ~t~ June 15, 1993,
and fffl~ June 22, 1993, ~ Probate No. 76-33, of the ~obate R~ords of Co~er County, Flofi~,
P~~, on beh~ of sam Florida General P~nership, who is person~y ~own to me and who did
~e ~ oath.
l~otary Public .~ oc_q,4~
My Commission Expires:
5
In Witness Whereof, Aff'umt has caused these presents to be executed the date and year first
above written.
Signed and delivered
in our presence:
Witness ~
DORIS J. LEWIS
· t Name:
MARCIA J. WILHELM
Print Name:
THE HALSTATT PARTNERSHIP, a Florida
general partnership BY: HAROLD S. LYNTON,
KATHERINE G. SPROUL and JULIET C.
SPROUL, as Trustees for JULIET C. SPROUL
under the Will of Barron Collier, Jr., deceased, and
as confirmed by Change of Trustees dated June 15,
1993 and filed June 22, 1993, in Probate No. 76-
33, of the Probate Records of Collier County,
I~-IERINE G. SPRO~L, TrusXtee
STATE OF /C"/_. a ~ / b/~
The foregoing instrument was ~,gncagle, d~,g before me this /?-'~ day of
~f,~f~ , 199'/~, by KATHERINE G. SPROUL, AS TRUSTEE, for Juliet C. Sproul
Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated June
15, 1993, and f'fled June 22, 1993, in Probate No. 76-33, of the Probate Records of Collier County,
Florida, PARTNER, on behalf of said Florida General Partnership, who is personally known to me and
who did take an oath· ~ .
11~:~. ~eo~,ss,o~,ec~2 I[ My Commission Expires:
6
In Witness Whereof, Affiant has caused these presents to be executed the date and year first
above written.
Signed and delivered
.in our presence:
Witness
DOF{IS J. LEWIS
Witness
MARCIA J. WILHELM
Print Name:
THE HALSTATr PARTNERSHIP, a Florida
general partnership BY: HAROLD S. LYNTON,
KATHERINE G. SPROUL and JULIET C.
SPROUL, as Trustees for JULIET C. SPROUL
under the Will of Barron Collier, Jr., deceased, and
as confirrned by Change of Trustees dated June 15,
1993 and fried June 22, 1993, in Probate No. 76-
33, of the Probate Records of Collier County,
Florida, PARTNER
-ffJl~gT C. SPROUt, Tm~t~e
STATE OF ~'-,' o ~ / 2~ fi
The foregoing instrument w~W"~ before me this /?~ day of
, 199~, by JULIET C. SPROUL, AS TRUSTEE for JULIET C. SPROUL
u Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated June
15, 1993, and fried June 22, 1993, in Probate No. 76-33, of the Probate Records of Collier County,
Florida, PARTNER, on behalf of said Florida General Partnership, who is personally known to me and
who did take an oath.
tl.-"2. MVCOMM=S N CC3 O Il
il ~;?~.:".,;~ I~d~IRE$: July ~. 1 ~ It
!1 -"U":' ....... : - - - '~
~s instrument prep~ by:
lq~t~ Public -~r.-c ~ ,4
My Commission Expires:
Kathleen C. Passidomo, Esq.
Kelly, Price, Passidomo & Siket
2640 Golden Gate Parkway, Suite 315
Naples, Florida 34105
(941) 261-3453
kathleen\grcyoaks\county, doc\OA .U9
7
EXHIBIT "A"
LEGAL DESCRIPTION
UTILITY DEDICATION GREY OAKS UNIT NINE
That certain real property designated C.U.E., U.E., D.E. and M.E., Tract R, Grey Oaks Unit
Nine, according to the Plat thereof, recorded in Plat Book 28, Pages 22 through 26, inclusive,
of the Public Records of Collier County, Florida.
ATTORNEY'S AFFIDAVIT
GREY OAKS UNIT NINE
STATE OF FLORII)A
COUNTY OF COLLIER
ON THIS [ day of December, 1997, before me personally appeared Kathleen C.
Passidomo, a licensed attorney authorized to practice in the State of Florida, to me personally
known, whose current business address and telephone number is 2640 Golden Gate Parkway,
Suite 315, Naples, Florida 34105, (941) 261-3453 (hereinafter "Affront"), who, being duly
sworn on her oath, does say:
1. This Affidavit is given as an inducement to the Board of County Commissioners
of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the
Governing Board of the Collier County Water-Sewer District to accept the dedication or
conveyance of sewer utility facilities located within or upon the real property described in the
attached Exhibit "A", which is incorporated herein by reference, said land being located in
Collier County, Florida.
2. The Affiant has examined record title information 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 f'mancing statements.
3. The rexx>rd owner of the real and personal property described herein is The
Halstatt Partnership, a Florida General partnership (hereinafter "Owner"). The Owner acquired
record title to the subject real property by instrument recorded at Official Records Book 1332,
at Page 1004, Public Records, Collier County, Florida (copy attached).
Affiant has examined partnership information obtained from the State of Florida. The
entity is current and active within said State. The entity is currently authorized to do business
in the State of Florida, and the exact names and titles of the persons authorized to execute the
instruments on behalf of the entity in conjunction with the conveyance of the subject real and
personal property are as described below:
Lloyd G. Hendry, Harold S. Lynton, and Juliet C. Sproul, as Trustees
of the Edith Collier Sproul Trust Agreement dated December 29, 1969,
and as confirmed by Agreement of Termination of Trusteeship dated June
7, 1982.
4. The subject real and personal property is not encumbered.
5. Affiant further states that the information contained in this Affidavit is tree,
correct and current as of the date this Affidavit is given.
SUBSCRIBED AND SWORN to before me t~7 day of D.efLe_ mber, 1997, by
Kathleen C. Passidomo, who is personally known w~' OR Produced Identification . Type
of Identification Produced
(affix notarial seal)
Notary Public
(Print Name)
My Commission Expires:
This Instrument Prepared By:
Kathleen C. Passidomo, Esq.
Kelly, Price, Passidomo & Siket
2640 Golden Gate Parkway
Suite//315
Naples, Florida 34105
(941) 261-3453
...Rcfonns\UtilityXAttyAff
December 16, 1997 l:33pm 2
EXH]]3IT "A"
LEGAL DESCRIPTION
UTILITY DEDICATION GREY OAKS UNIT NINE
That certain real property designated C.U.E., U.E., D.E. and M.E. on the Plat of Grey Oaks
Unit Nine, according to the Plat thereof, recorded in Plat Book 28, Pages 22 through 26,
inclusive, of the Public Records of Collier County, Florida.
FILE !~fUUBER
This Instrument prepared by, tved $~ocume.~tsrySternpTax
and when recorded mail to: Rece " Cias~'~ Intangible
JAMES W. ELKINS, P.A. R~eived $
1000 Tamiami Trail North, ~303 ~ ','---.
PRM~
SPECI~ W~ DEED
~OLD S. LY~ON, LLOYD G. HENRY and EDITH ~LIER SPR~L
(also known as 3ULIET C. SPRO~) as Trustees, the Grantors,
consideration of the s~ of $10.0~d other valuable considera-
tion received this ~ / ~ 1988, from ~E H~STA~
P~TNE~HIP, a Florida ~ener~l Partnership, the Grantee, of 2600
Golden Gate Parkway, N~ples, Florzda 33942, convey to the Grantee
Florida, as described on the
the real 9ro~rty in Collier ~unty,
attached "E~IBIT A=, together with ~y buildings, ~mprovem~ts,
fixtures, leases and lea~e deposits, and appurtenances thereto or
thereon, and covenant as against all persons cla~ming by,
through, or under the Grantors, that the property is free of all
enc~brances, that lawful seisin of and ~ood right to convey that
pro~rty are vested ~n the Grantors, .that the property
homestead property an~ that the Grantors hereb~ s~cially warrant
the title to said land and will defend the same against the law-
ful claims of all ~rsons claiming by, through, or under the
Grantors.
~is deed is subject to:
1. 'Restrictions and easements co, on to the reaI pro~rty,
if any, but this provision shall-not o~rate to re-
im~se the same.
2. ~oning ~d other gover~ental regulations ~fecting the
use and oocupan~ of the real
3. Taxes ~d asses~ents for current and subs~uent years.
It is hereby expressly understood and agreed ~ and between
.the ~rties hereto, anything herein to the contra~ notwithstand-
ing, that each and ~1 of .the warr~ties, inde~nities, represen-
tations, covenants, undertakings and agreements herein mad~ on
the ~rt of the Trustees while in fo~ purporting to be the war-
ranties, indemnities, representations, covenants, undertakings
and agreements of said Trustees are nevertheless each and every
one of them, made and intended not as ~rsonal warm,ties, indem-
hitler"representations, covenants, undertakings and agreements by
the Trustee or for the purpose or with the intention of binding
said Trustees personally but are made and intended for the pur-
pose of bindin~ only that portion of the trust pro~rty specifi-
cally described herein, and this instrument is executed and
delivered by said Trustees not in their own right, but solely in
'~~' JgI~Ih"~.C. SPROUL, Trustee
Dated: ~*~ .~: ~ 1988
STATE OF~~~
I, a Notary Publi~ duly authortze~ by law ~n the state and
oo~ty n~ed above to ~ke aokn~led~ents, here~ certify that
~ G. HENRY ~s known to me to be the ~rson described in the
fforego~ng Special Warrant~ Deed as Grantor, that the GrantoE
' Deed ~n my presence, and that
sign~
the
S~cial
Warranty
{~ kn~ledge~ to me that he executed that S~c~al Warranty Deed.
O~fiCi~ seal in the county and ~a~e
,.. ,,,
- )'2~'~7~ ~ ~ot~ Publle '
My Co~ission Expires:
'":' "~ .....' "<" : (Da~e)~~.
..,:,.....-:.~.:~; :.,., ~.-~ ~T~T~:
- ;. ~,.~,. ,'>:'.~..; ....'.
':" :".'-~ .,,'.' 2
:'" '" ~ 2, '
tl.t~ ~ ..'
the exercise of the powers conferred upon them as such Trustees;
and that no ~rson~ liability or ~rsonal res~nsibility is as-
s~ed ~ nor shall at a~y time ~ asserted or enforceable against
the Trustees individually or any of the ~neficiar~gs under said
Trust Agreement, on account of this instrument or on account of
any warranty, indemnity, representation, covenant, undertaking or
agreement of the said Trustees in this instrument contained,
either expressed or implied, all such ~rsonal liability, if any,
being expressly waived and released.
This is a transfer to a partnership by one of two general
partners; the other ge~er~ partner is contribut~ng $500,000.00,
and Documentary St~p Taxes on $500,~0.~0 are affixed.
Sign~ i.n the ~es~c,- of:
~O~D G. H~RY, Trugtee
Date4: ~'~ 1988
't~'0 i
I, a Notary Public duly authorized by law in the state and
county named above to take acknowledgments, hereby certify that
HAROLD S. LYNTON is known to me to be the person described in the
foregoing Special Warranty Deed as Grantor, that the Grantor
signed the Special Warranty Deed in my presence, and that he ac-
knowledged to me that he executed that Special Warranty Deed.
.' I~I. TNES.S my har~ off~_c, ial, seal _i~n~.the county and state
~d,..~i~':,.~.h.~s _-"/'--~'r'~'~y ~';,~- ~'~. -- / 7' ,.,
· 4.~J ,;,~5,-,"~., ' ~' '; :.. - - -- -
.-..~-,r--~' ,r.,pm~-l,,[,'~~- ~-~-'
.. ~ ,.'T.(it ::)~m~x- SE~,,. · .. Notary Public
:, :,¢~.i,~ UBUv~ 7.:-. '..:'.
4.~,:,.:, ~; ~..:,: .,...:.... (Date)
-L ;.,'~ ~j- ,.~.' ;' ... ~.:.~.
... ,,: ,-,,~. ;: .
.¥
I, a Notar~ Publ~.c duly authorized by law £n the state and
county na~ed above t¢ take acknowledgments, he .eby certify that
EDITH coLr. IER SPRC.-'~-, also known as JULIET C. SPROUL, is known to
me to be the .p6Lson described tn the foregoing Bpeoial Warranty
Deed as G-~antor, that. the Grantor signed .the Special Warranty
Deed in my presence, and that she acknowledged to me that she ex-
ecute~ that Special Warranty Deed.
'" seal in the county and state
,,:,'~~._~: ..w this'
_.~ .tr."-- .:: ~,',, - ~ - ~_.,~_&,~ o~ .
~ ~, .: "~x is" _l~) ....
~.% ~ .... ,~G .:.~ ~y Commission ~.xpire~:
':' , The Grantee accepts ~elivery of the deed, leases ~n~
security deposits and agrees to indemnify an~ hold Grantor h~rm-
security de~os~its
Authorit~ War rantea
t£stl .wy (mb)'012188
(c:/ws2000/Wsdi rt/coll ie r/hal zuatt )
3
LEGAL DESCRIPTION
That part of Section 26, Township 49 'South, Range 25 East, Col-
lier County, Florida, lying Northerly of Golden Gate Parkway (C-
886) and Westerly of Airport-Pulling Road {C-31).
EXCEPT that portion thereof being more particularly
described as follows:
Commencing at the Northeast corner of said Section 26;
THENCE South 89°25t40" West along the Northerly l~e of said
Section 26, a distance of 100.01 feet to an intersection
with the Westerly right-of-way line of Airport-Pulling Road;
THENCE continue South 89°25t40' West along the Northerly
line of said Section 26, a distance of ·330.00 feet; THENCE
leaving said Northerly line South 1°30.00" East parallel
~tth the Westerly right,of-way line of Airport-Pulling Road
100.01 feet to the POINT OF BEGINNING; -
THENCE continue South 1°30'00, East parallel with the Wes-
terly right-of-way line of Airport-Pulling Roa~ 1~219.99.
feet;
THENCE South 89~25'40~ West parallel..wfth the Northerly line
of said Section 26, a distance of. 660.00 feet~
THENCE North 1~30~00# West parallel with the Westerly
right-of-way line of Airport-Pulling Road, 1,219.99 feet~
THENCE North 89~25'40' East parallel with the Northerly line
of said Section 26, a distance of 660.00 feet to the Point
of Beginning;
This description contains 353.90 acres of land more or less.
COLLIER COUNTY, FLqt~It1%
,,LkA,~:$ C. GfLES. CLERK
COLLIER COUNTY RECORDED PAGE
y~. vm A~, V~
PRM~ ~ CONDITIONS AND ~CTIONS
Ino .~ GREY O~
/~ day of
THIS Dr-CI-~ATION is made this ~
1992, by the HALSTATT PARTNERSHIP, here/nafter called "Declarant".
CD
-<
ARTICLE I
8TATEME:~T OF PURPOSE
These are the "Master" Restrictive Covenants that will apply
to Grey Oaks, a mixed use residential/commercial development
planned by the Declarant to be located at the Northeast, Northwest
and Southeast corners of the intersection of Airport Road and
Golden Gate Parkway in Collier County, Florida. These restrictions
are designed to preserve and enhance the property values and
amenities within Grey Oaks and are intended to be supplemental to
any local government restrictions applicable to property subjected
to this Declaration, such as Zoning Ordinances, the DRI Development
Order 90-3 and the Planned Unit Development document for Grey Oaks
attached as an exhibit to the DRI Development Order.
Although it is the Declarant's current intentions to develop
all of the Grey Oaks project as described in Development Order 90-3
and submit all of the property described in the PUD to these
restrictions, the Declarant is not obligated to do so an~'only ~uch
property that is specifically subjected to these restrictions by
this Declaration or by an amendment to this Declaration shall be
subject to these restrictions.
Initially, only the property described in attached Exhibit "A"
is subject to these restrictions.
ARTICLE II
DEFINITIONS
2.01 ,,AN3~k~le~'' means the Articles of Incorporation of the
Master Association.
2.02 ,,~" means those charges made by the Association
against a particular Owner and his Plot or Parcel in accordance
Owith this Master Declaration and secured by a lien against such
1697 001 168 I-'~',~~
OR BOOK, PAG-E ~
Plot or Parcel. The following {,eanings are given to the following
type~ of assessments:
A. "Regular Assessment" means the recurring periodic
assessment for each Owner's share of the budgeted Common Expense.
B. "Supplementary Assessment,, ~uans assessments in
add{tion to the Regular Assessments necessary to pay Common
Expenses, including, without limitation, amounts to cover
nonrecurring items of Common Expense, or amounts necessary to
supplement Regular Assessments in order to defray Common
Expenses of the budget.
C. "gpeolal Assessment', means a charge against a
particular Owner and his Plot or Parcel, necessary to
reimburse the Master Association for costs in bringing the
Owner or his Plot or Parcel into compliance with the
provisions of this Master Declaration, the Articles, By-Laws
or Master Association Rules, or amounts advanced by the Master
Association in accordance with this Master Declaration on
behalf of an Owner or his Plot or Parcel, or any other charge
designated as a Special Assessment in this Master Declaration,
the Articles or By-Laws.
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D. "Improvement Assessment" means a charge against an
Owner and his Plot or Parcel representing uhe prorate share of
the cost to the Master Association for tb~ installation or
construction of any Capital Improvements to the Common
Property, the cost of the acquisition of additional Common
Property, or the reconstruction of any portion or portions of
the Common Property which the Master Association may from time
to time authorize pursuant to the provisions of this Master
Declaration.
E. "Service Assessment" means a charge against a
particular Owner and his Plot or Parcel for any service,
material or combination thereof which may be obtained by ~he
Master Association for the use and benefit of such Owner or
his Plot or Parcel or an individual Neighborhood, but which
can be accepted or not by the Owner of such Plots or Parcels
or by the Owners within such Neighborhood, such as contracting
in bulk for repairs, services, materials or maintenance. The
amount paid or incurred by the Master Association on behalf of
such Owners accepting or subscribing to such material or
service shall be a Service Assessment against such Owner and
his Plot or Parcel, or against all Plots or Parcels within a
Neighborhood in the event that a Neighborhood Association, in
accordance with its Governing Documents, subscribes to such
materials or services. The Owner(s) are deemed to agree to
such Assessment by subscribing, requesting or accepting such
material or service.
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',697 [In, 1169
OR BOOK PAGE
2.33 "Assessment I~dex" means the factor assigned to each
Plot or Parcel to establish the relative share ok Co~'mon Expense to
be borne by such Plot or Parcel through payment of Regular and
Supplementary Assessments, or for pay~.ng Improvement AssessmeDts.
2.04 "Boar~" means the Board of Directors of the Master
Association.
2.05 "~y-Laws" means the By-Laws of the Master Association.
2.06 "COmmer=i&l PropertY" means all property which is not --
Common Property, Neighborhood Common Property, or which is not used CD
for Institutional or Residential purposes. For purposes of this (iD ~-
Master Declaration, any property utilized for the purposes allowed ~ ~
under the land use categories "C", "O/C", "C/H", "O", and "Town <
Center" in the PUD, and the Country Club and Other Clubs (if any),
is considered Commercial Property.
2.07 "COm~ ExPensss" means the actual an.~ estimated cost of
the following:
A. The cost for maintaining, managing, operating,
repairing and replacing Common Property and personal property
owned by the Master Association, including the cost for
utilities, trash disposal, streetcleaning, insurance and
taxes.
B. Expenses for administration and management of the
Master Association.
Co
Board.
Reasonable reserves as deemed 3ppropriate by the
D. Unpaid regular, supplementary, special, improvement
and service assessments.
E. Any other cost designated herein as a Common
Expense, or reasonably or necessarily incurred by the Master
Association in connection with owning, operating, maintaining,
managing or improving the Common Property or for the discharge
of any obligations expressly or impliedly imposed on the
Master Association by this Master Declaration, the Articles,
By-Laws or rules.
2.08 ,'COmmon Property" means all property which is conveyed
to the Master Association or for which use rights may be granted to
the Master Association, whether by dedication on a plat, deed,
lease, easement or license, together with all improvements thereon
and equipment, facilities and rights associated therewith or
related thereto. Common Property also includes any personal
property acquired by the Master Association if such property is
designated as Common Property.
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IG97 I }1170
2.0) "Country Club" means the property and all Improvements
thereon, developed for use by the country club members, and any
other persons who are listed under Section 5.03.c herein. The
Country Club property includes, without limitation, clubhouses,
tennis courts, pro shops, ancillary commercial establishments, cart
barns, golf maintenance facilities, driving ranges, putting greens
and golf courses. In no event shall any part of the Common
Property be considered part of the Country Club or vice versa,
except that easements, licenses or other use rights over portions
of the Country Club, including, without limitation, lakes within CD
the golf ~ourse(s), may be granted, conveyed ~r dedicated to the ~
Association and the lssociation's easements, licenses or other use (I) ~
rights shall constitute Common Property, subject to the limitations CD ~-4
imposed in such easements, licenses or other use rights. Except as ~ o
provided in Se=tion 5.05 and except as may be provided in any
easements over the Country Club property, no person, firm, (
partnership or corporation, other than the fee simple owner of the
Country Club property, shall, by the recording of this Declaration,
by the recor ~ing of any plat, or by any permissive use, expressed
or implied, have an easement to use or enjoy the Country Club, nor
shall any person or such entities acquire any other right, title or
interest in or to said Country Club, it being intended that fee
simple title and all other property rights in and to the Country
Club, or other use of the Country Club by the residents of the Gr~y cid
Oaks community will be entirely at the pleasure of the fee simple c~
owner and such owner has no responsibility or obligation to provide ~ --
such use. ~D ~
2.10 ,,DeclaFant" means the HALSTATT PARTNERSHIP, a Florida % co
General Partnership, or the successors, assigns, nominees or
designees of any or all of the rights of Declarant under this
Master Declaration. Declarant includes any Mortgagee who acquires
title to property within Grey Oaks by foreclosure or conveyance in
lieu of foreclosure.
2.11 "Declaration" means this document entitled Declaration
of Master Covenants, Conditions and Restrictions for Grey Oaks,
including any amendments hereto and any supplemental master
declarations filed hereunder. The term "Declaration" means the
same as the term "Master Declaration".
2.12 "Dwelling Unit" means any Residential property within
The Properties for which a certificate of occupancy has been issued
by the appropriate governmental authority and which is intended for
residential habitation including, without limitation, a detached
single family home, an attached townhouse or patio dwelling, duplex
or other multiplex dwelling, or any apartment type unit contained
in any multi-unit, multi-story, residential building and regardless
of whether any of the foregoing are subject to fee simple,
cooperative, condominium, rental or other form of ownership or
possession, excluding however, hotels located on Commercial
Property.
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2.13 "~.~umsnts" means (i) in the case of the
Association, this Declaration, any supplementary Decla~ation or
amendment to this Declaration, and the Articles of Incorporation
and By-Laws of the Association, and (ii) in the case of a
Neighborhood Association, the Neighborhood Declaration, any
supplementary Declaration or amendment to the Neighborhood
Declaration, and the Articles and By-Laws of the Neighborhood
Association. In the event of conflict or inconsistency between the
Association and the Neighborhood Association Governing Documents,
the Association Governing Document shall control. One Governing
Document's lack of a provision with respect to a matter for which
provision is made in another Governing Document shall not be
considered a conflict or inconsistency betwee~ ~tch Governing
Documents.
2.14 "0rev Oaks" means all of the land generally depicted on
the PUD and any additional land specifically declared as part of
Grey Oaks by Declarant. Land within Grey Oaks Ehall not become
part of The Properties until and unless specifically made' subject
to this Declaration.
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2.15 "~otel" means a facility offering transient lodging
accommodations to the general public, including motels, inns and
similar establishments which may provide such additional incidental
services and facilities as retail shopping, meeting rooms and
recreational facilities. The term "Hotel" includes the real
property upon which the Hotel is built.
2.16 "Improvements" means all structures or modifications of
any kind, resulting from any alterations of the natural condition
of property.
2.17 "Institutional Property" means property which is not
Commercial Property, Residential Property or Common Property a~
committed to uses including, but not limited to, churches, schools,
libraries, museums, governmental facilities and nonprofit
recreational facilities, provided, however, that the Country Club
shall not be considered Institutional Property.
2.18 "Lim~ed ~embers" means every person or an entity who is
qualified for limited membership pursuant to Article IV of this
Master Declaration. The term "Limited Member" does not include
"Members".
2.19 "Master Association" means the Grey Oaks Property Owners
Association, Inc., a Florida Not-For-Profit Corporation, its
successors and assigns. The term "Master Association" means the
same as the term "Association".
2,2~ ~'~a]~ ~v®J~pm~t ~l&~" means the general development
plan for Grey Oaks as the same now exists and as i% may from time
to time hereafter be amended.
2.21 "Mel~bers" means every person or entity who is qualified
for membership pursuant to Article IV of this Master Declaration.
The term "Member" does not include "Limited Members".
2.22 "~eiqhborhood" means any development of Residential
Property or Commercial Property within The Properties which is
designated as such by Declarant in a written instrument and which CD
is within The Properties. iii --
2.23 "~ei~hborhoo~ Association" means any property owners CD ~
association, homeowners association, condominium association or ~ cD
other such entity, their successors and assigns, responsible for
administering a Neighborhood.
2.24 "Neiqhborhood Common Property" means dll real property,
including any Improvements thereon, owned, leased or the use of
which has been granted to a Neighborhood or Neighborhood
Association for the common use and enjoyment of the Owners in such
Neighborhood.
2.25 "Neiqhborhood covenants" means any and all covenants,
conditions, restrictions and other provisions imposed by a recorded
instrument applicable to one or more specific Neighborhoods, but
not to all Neighborhoods if there is more than one Neighborhood.
2.26 "Neiqhborhood Dec~ration" means the document containing
the Neighborhood Covenants.
2.27 "Other Clubs" means any property and all Improvements
thereon, developed for use by the members of such clubs and under
separate ownership from the Country Club, inctu~{~g, .without
limitation, clubhouses, tennis courts, other recreational
facilities, pro shops and ancillary commercial establishments. Any
club which is under separate ownership shall individually be
considered an "Other Club".
2.28 "O%rner" means the single or multiple owner of record of
the fee simple title to any Plot or Parcel, but excluding those
having such interest merely as a security for the performance of a~
obligation, and excluding the Declarant so long as the Declarant
Membership continues.
2.29 "Parcel" means any part of The Properties other than
Common Property, Neighborhood Common Property, Plots or Streets or
other lands owned by or dedicated to a governmental unit or agency
or public utility company. Any Parcel, or part thereof, which has
been platted or submitted to condon, inium according to a recorded
declaration of condominium shall, as to such portion or portions,
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1897 'O01iT3
~,L~. co. 1
OR BOOK PAGE
cease to be part of such Parcel and shall thereaf'.',~ be deemed a
Plot or Plots in accordance with such plat or condominium
declaration, as appropriate, and in accordance with this
Declaration.
2.30 "Plot" means a discreet lot or building parcel reflected
on a recorded plat of lands forming a part of The Properties, or to
a condominium unit within a condominium within The Properties,
together with the undivided share of the common elements that are
appurtenant to the condominium unit. The term "Plot" shall not
include any land that is Common Property or Neighborhood Common
Property.
2.31 "pUp" means Collier County Ordinance No. 90-3 as amended
by Collier County Ordinance 90-5 and Collier County Resolution 90-
571, and the Resolution 90-6211 of the Naples City Council,
establishing a planned unit development zoning classification for
Grey Oaks, duly adopted by the Board of County Commissioners of
Collier County, Florida, and the City Council of the City of
Naples, Florida, as the same may from time Lo time be further
amended.
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2.32 "~epresentative Member" means those members of the
Boards of Directors of Neighborhood Associations, or other
designated representatives of Neighborhood Associations, who are
entitled to cast the votes of the Members and Limited Members at
meetings of the Master Association in accordance with Article IV,
hereof, and the By-Laws.
2.33 "Resident" means the legal occupant of any Plot or
Parcel.
2.34 "~es~dential" means the use or intended use of property
as a Dwelling Unit.
2.35 "~esidential ~:'operty" means all property which &~
intended for use or used for Residential purposes. Commercial
Property shall not be considered Residential Property under any
circumstances.
2.36 "Sinqle Family Development" means all lots zoned or
otherwise restricted for detached single family dwelling units and
which are located within a distinct geographic area such as a cul-
de-sac or series of cul-de-sacs located within one platted area.
2.37 "Street" means any street, highway or other thoroughfare
constructed within The Properties dedicated to or owned by a
governmental entity, the Association or a Neighborhood Association,
whether the same is designated as a street, avenue, boulevard,
drive, place, court, road, terrace, way, circle, land, walk or
other similar designation.
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2.3~ "The Properties" means all real property which is
subject to this Declaration.
ARTICLE III
THE PROPERTY
3.01 The Properties. The real property which is initially
made subject to this Master Declaration is described on
Exhibit "A", attached hereto and made a part hereof.
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3.02 Additions to The Properties. Additional lands may be ~ --
subjected to this Master Declaration in the following manner: O~
O 4:-
A. Declarant has the right, without further consent of ~ cD
the Master Association or any Owner, to bring within the plan
and operation of this Master Declaration all or any part of
the prcperty within Grey Oaks. Any additions under this
Article shall be made by recording a Supplemental Master
Declaration with respect to the additional property, which
shall extend the operation and affect of th~ Declaration to
such additional property. Such Supplemental Master
Declaration must be executed by the Declarant and contain the
joinder of the owner of such property, if the Declarant is not
the owner. The Supplemental Master Declaration may contain cD
such additions to and/or modifications of the covenants
contained in this Declaration as may be determined by the
Declarant, provided that such additions and/or modifications ~-~
are not substantially inconsistent with this Declaration.
B. Upon approval of the Master Association, pursuant to
an affirmative vote of the holders of two-thirds of all votes
entitled to be cast, the owner of such other property who
desires to add it to the plan of this Master Declaration and
to subject it to the jurisdiction of the Master Association,
may record a Supplemental Master Declaration with respect to
the additional property, which shall extend the operation and
effect of this Master Declaration to such additional property.
ARTICLE IV
MEMBERSHIP IN ){ASTER ASSOCIATION
4.01 Membership. The Owner o~ each Plot and each Parcel,
except Commercial and Institutional Property, shall be a Member of
the Master Association. The Declarant shall also be a Member for
the purposes set forth herein.
4.02 Limited Membership. The Owner or Owners of Commercial
and Institutional Property shall be Limited Members of the Master
Association. When used in the lower ca.~et the term "member"
includes Members and Limited Members, unless used in a context that
indicates a contrary intent.
16 7
OR BOOK PAGE ..~.~
4.03 ~ooeot&noe of Memborshim and ~imi~od Membors~p, Each
Owner as described in Section 4.01 and 4.02 above agrees to accept
membership in the Master Association and to be b~,und by this
Declaration, the Articles and By-Laws of the Master Association and
the rules and regulations enacted pursuant thereto. Membership and
Limited Membership in the Master Association is automatic upon
acquisition of ownership of a Plot or Parcel and may not be
transferred separate and apart from a transfer of ownership of the
Plot or Parcel. Membership and Limited Membership likewise
automatically terminates upon the sale or transfer of an Owner's CD
interest in a Plot or Parcel, whether voluntary or involuntary. A
Member's and Limited Member's voting rights and p~ivileges in
connection with the Common Property may be regulated or suspended O
as provided in this Declaration, the By-Laws or Master Association ix cD
rules.
4.04 votina Ri~h~s. For purposes of voting rights only, the
Master Association shall be deemed to hav~ four types of
membership, i.e. Regular Membership, Limited Membership,
Representative Membership and Declarant Membership.
A. Regular Membership. Regular Members shall be all
Owners of Plots or Parcels with the exception of the Limited
Members, Representative Members, Declarant Members and Owners cD
of Institutional Property. Regular Members shall be entitled
to one vote for each Dwelling Unit owned by such Regular ~ --
Member. In the event that a Regular Member owns a Plot or
Parcel on which Dwelling Units have not been constructed, such
Regular Member shall be entitled to one vote for each Dwelling
Unit which has been assigned to the Plot or Par~el by the ~-~
Declarant. In the' event a Regular Member owns a Plot or
Parcel which includes both constructed Dwelling Units and
unimproved property, such Regular Member shall be entitled to
one vote for each constructed Dwelling Unit located on such
Plot or Parcel and one vote for each Dwelling Unit originally
assigned to such Plot or Parcel by the Declarant, less the
number of votes to which such Regular Member is entitled by
virtue of owning constructed Dwelling Units on such Plot or
Parcel. The Declarant shall assign the number of Dwelling
Units which may constructed on a Plot or Parcel prior to the
sale of such Plot or Parcel to a third party. When there are
multiple owners of a Plot or Parcel, only one wc~e may bR
exercised for each Dwelling Unit (whether constructed or
assigned as provided above), which vote shall be exercised
among the Owners of said Plot or Parcel as provided in the By-
Laws. Although Regular Members shall be entitled to votes as
provided herein, the right of Regular Members to cast their
vote, and the manner in which such vote is cast, is subject to
the provisions of Paragraph C below regarding Representative
Membership and further subject to the By-Laws.
1697
OR BOOK
B. ~imited Mem~ershi~. Limited Members shall be all
owners of Commercial Property with tlxe exception of the
Declarant Member. Subject to any other provisions of this
Declaration or the By-Laws affecting the rights of Limited
Members to cast their vote and the manner in which such vote
is cast, Limited Members shall only be entitled to vote on
matters coming before the Master Association directly related
to the surface water management system serving The Properties.
Any dispute as to which matters directly relate to the surface
water management system shall be resolved by the Board.
Subject to such limitation, Limited Members shall be entitled
to the following votes:
1. Owners of Commercial Property (C, O/C, C/H, O,
Town Center) other than the Owners of the Country Club
and Other Clubs shall be entitled to a number of votes
equal to .55 times each 1,000 square feet (or fraction
thereof) of gross leasable area assigned to such
property. Declarant shall assign the square footage of
gross leasable area which may be constructed on a
Commercial Plot or Parcel prior to the sale of such Plot
or Parcel to a third party.
2. Owners of the Country Club and Other Clubs (if
any) shall be entitled to a number of votes equal to .55
times each 1,000 square feet (or fraction thereof) of
building area actually constructed on such property.
The Owner of the Country Club shall also be entitIed to
a number of votes equal to 3.67 times the numbers of
acres comprising the golf course(s). For purposes of
calculating such voting, the following ~actors shall
apply:
a. Building area shall include pro shops,
cart barns, maintenance facilities, clubhouses,
and ancillary commercial establishments associated
with the golf course and tenni~ facilities,
including gift shops, golf and tennis equipment
sales, restaurants and cocktail lounges. Building
area shall not include freestanding pump houses,
freestanding restrooms and snack bars or any other
structures not associated with the buildings
described above.
b. Golf course acreage shall include all
property which is owned by the Country Club owner
and completed for use, including tees, fairways,
greens, practice greens, driving range, but
excluding lakes.
IG9Z
c. For purposes of determining whether a
building is completed or a golf course is
completed, at the time the Master Association
sends a notice to the Limited Members of a meeting
in which Limited Members would be entitled to vote
in accordance with this Master Declaration or the
By-Laws, only such completed buildings and golf
courses which have been issued a certificate of
occupancy or certificate of completiu~, by the
appropriate governmental authority and in which
such certificate has been forwarded to the Master
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Association shall be included in determining the iii
number of votes entitled to be cast by the Country CO
Club or Other Clubs Owner. CD --4
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C. RePresentative Membership. Although Regular and
Limited Members are entitled to vote as provided herein, the
right to vote and the manner in which such vote is cast is
further subject to this paragraph and the By-Laws.
Representative Members shall be the members of the Board of
Directors of the Neighborhood Associations. Lach Neighborhood
Association shall designate one member of their Board of
Directors to serve as the Representative Member of such
Neighborhood Association. Each Representative Member present
at a meeting shall be entitled to cast the number of votes of cD
Regular or Limited Members who are members of the Neighborhood cD
Association of which such Representative Member is a director.
Representative Members shall have representative voting rights
as provided in this Declaration and the By-Laws, but
Representative Members shall not otherwise be entitled to any cD
privileges or rights in connection with the Master
Association, the Common Property or this Declaration other
than to the extent the Representative Members are also Regular
or Limited Members.
D. Declarant Membership. Declarant Members shall be
the Declarant or any successor to Declarant, or any assignee,
designee or nominee of Declarant, in whole or in part, to whom
Declarant has assigned all or any part of its rights as a Declarant
Member. At all times prior to expiration of the Declarant Member,
as provided herein, the Declarant Member shall have the same number
of. votes at any meeting in which votes are to be taken as is held
by all other Regular and Limited Members, plus one. The Declarant
Membership shall terminate and be converted to Regular Membership
(and Limited Membership, if the Declarant owns Commercial Property)
upon the happening of the earlier of the following:
1. When the Declarant Member no longer owns any
land in Grey Oaks for development or for sale in the
ordinary course of business; or
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OR BOOK PAGE
2. When, in its discretion, the Declarant
terminates and waives in writing its right to Declarant
Membership.
After the earliest of such events, the Declarant Members
shall be deemed to be Members or for purposes of calculation of and
casting votes, may be classified as both a Regular and Limited
Member dependent upon whether the Declarant owns Commercial
Property, and shall be entitled to the same number of votes based
upon such property ownership in accordance with the provisions of
Paragraphs A and B above. Within sixty (60) days after such date,
{)e¢~a~&a~ ~a~ ~a~ a meeting as provided in ~he By-Laws for
special meetings to advise the membership of the termination of the
Declarant ~tatus. If there is more than one Declarant Member, each
Declarant Member shall cast their vote as they may among themselves
determine, and in the absence of any such agreement, each Declarant
shall be entitled to cast such votes to which it is entitled in
accordance with this Section.
E. ~eduction. If an Owner of any Plot or Parcel
builds fewer Dwelling Units, less gross leasable area or less
building area than assigned by Declarant to such Plot or
Parcel, such Owner may request the Declarant, by a sworn
affidavit, to reduce the number of Dwelling Units or amount of
gross leasable area or building area assigned to such Plot or
Parcel. Declarant shall have the sole discretion to approve
all or a portion of such reduction, which discretion shall be
reasonably exercised. If a reduction is made, it shall be
reflected in a written instrument signed' by Declarant and
recorded in the public records of Collier County. Such
reduction shall have the affect of reducing the maximum number
of Dwelling Units or amount of gross leasable area or building
area that may be constructed on such Plot or Parcel, the
number of votes that may be cast by the Owner of such Plot or
Parcel and the amount of assessments levied against such Plot
or Parcel or the Owner thereof pursuant to Section 6.09
herein.
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F. Institutional Property. Owners of Institutional
Property shall be Limited Members as ~uch term is used in
Section 4.02 and shall have the same rights and obligations of
Limited Members owning Commercial Property'. However, Owners
of Institutional Property shall not be Limited Members as such
term is used in Section 4.04.B. and as such, shall have no
voting rights in the Association nor shall Institutional
Property or the Owners thereof be 'subject to Regular
Assessments, Supplementary Assessments or Improvement
Assessments.
4.05 Deleqation of votinq Riqhts. A member of the Board of
Directors of each Neighborhood Association, as a Representative
Member, shall be the exclusive agent for and shall hold the
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16 7 0011 9
exclusive and irrevocable proxy and authority to act for and vote
on behalf of all of the Owners of Plots or Parcels within the
Neighborhood or Neighborhoods operated by such Nuighborhood
Association, with respect to the affairs of the Master Association.
The votes cast by such Representative Members shall be conclusively
binding on the Owners of individual Plots or Parcels within such
Neighborhoods. However, when the Direct Vote of Regular or Limited
Members is required or requested under this Declaration or the By-
Laws, or requested by the Board, the positive and negative votes
cast by the Owners of Plots or Parcels within each Neighborhood
with respect to the matters subject to Direct Vote shall retain
their character as such and shall in turn be reported to the Master
Association and cast by the Representative Members as positive and CD
negative votes in the respective numbers originally cast within the
Neighborhood Association. Direct Voting ~hall ~e c~nducted on CD~
specific matters in the manner provided in the By-Laws. Delegation CD
of voting rights as provided herein shall not disqualify any member
of the Master Association from serving as an officer or director
thereof, nor shall such representative voting otherwise affect the
provisions of this Declaration, the Articles or By-Laws, except as
may be expressly otherwise provided. It is anticipated that the
day-to-day operation of the Master Association shall be conducted
by the Board and that most matters submitted to the membership
shall be conducted by repr,~sentative voting. Only in those
specific instances wherein Direct Voting is required, or when so
requested by the Board, shall Direct Voting occur.
cid
4.06 Elect~o~ o5 Board of Directors. Directors of the Master
Association shall be elected at the annual meeting of the members ~ --
in the manner provided in the By-Laws. Limited Member~ shall not
be entitled to vote on the election of the Board. Directors may be
removed and vacancies on the Board shall be filled in the manner
provided in the By-Laws.
4.07 Contro~ of Boar4 by Declarant.~ So long as there is a
Declarant Member, the Declarant has the right to de$iqna~ or elect
all of the Board of Directors, and the directors so designated by
the Declarant need not be members of the Master Association. The
Declarant may waive its right to designate any one or more
directors, as provided in the By-Laws.
ARTICLE ¥
COMI~ON PROPERTY
5.01 DescrSption of Common Property. The Common Property
shall include all real property, interests in real property,
easements, rights-of-way, licenses, use rights and servitudes that
are now or in the future specifically set aside, designated,
reserved, granted, dedicated, assigned or deeded to the Master
Association by the Declarant for the common use and enjoyment of
Owners within The Properties. Common Property may be identified,
described or designated as such by Declarant, or developers of
697 0(11 180 ..
· , OR BOOK PAOE .
Plots or Parcels, with the written consent of Declarant, as part of
the declarations, plats and other documents establishing
Neighborhoods. Such designation, delineation, description and
dedication to common use as Common Property, as part of the
establishment of a Neighborhood, shall, subject to the limitations
and provisions contained in such documents, provide a continuing
process of the development and delineation of Common Property and
establish the common use rights of the Master Association and its
members therein. Provided however, the use of Common Property
shall be limited in accordance with the provisions of this Master
Declaration, a Neighborhood Declaration, an~ any additional
limitations included in the document designating, reserving,
granting, dedicating, assigning or deeding such Common Property to
the Master Association. Common Property shall also include any
personal property which may be provided by the Declarant or
acquired by the Master Association for the common use and benefit
of the Owners within The Properties, subject to limitations that
may be imposed upon the use of such personal property in accordance
with the Master Declaration or a Neighborhood Declaration. The
Declarant reserves the right to add additional Common Property and
to amend or alter the development plan for Grey Oaks and the Common
Property. Other Common Property may be acquired by the Master
Association with consent of the Declarant prior to termination of
the Declarant Membership status, and without such consent after
termination of Declarant Membership status.
CD -~
5.0Z Tit~e to common Property. Declarant or others may ~-) ~
retain ownership of each part of the Common Property until such rtl -.~
time as Declarant or other owner transfers or assigns ownership, (co
title or the interest in such Common Property to the Master
Association. Notwithstanding such retained ownership or rights of
Declarant, the Master Association shall be responsible for
maintenance of such parts of the Common Property that have been
made available by or with the consent of Declarant for the common
use, enjoyment and benefit of Owners within The Properties.
However, the Master Association shall have no maintenanc~
responsibility until after the first conveyance of a Plot or Parcel
to a Member or Limited Member other than the Declarant.
5.03 Exten~ og Members' Easement in Common Property. The
members' rights and easements to use and enjoy the Common Property
shall be subject to the following limitations:
A. Owners of Commercial and Institutional Property
shall have an easement for use of the water management and
preserve areas within The Properties only to the extent
necessary to develop such Commercial and Institutional
Property in accordance with the PUD, this Master Declaration
and the plans approved by Declarant and as may be required by
appropriate governmental authorities pursuant to water
management permits applicable to Grey Oaks and the Commercial
or Institutional Property.
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1697 O0 118
Oil BOOK PAGE
B. Owners of Commercial and Institutional Property
shall have an easement for the use of only those Streets
utility easements within The Properties as designated,
reserved, granted, dedicated, assigned or deeded to such
Commercial Owners on a recorded plat, easement or other such
document designating, reserving, granting, dedicating,
assigning or deeding such easement to Owners of Commercial or
Institutional Property. Without limiting the generality
the foregoing, it is the Declaran~'s intent that all
Residential Property shall be within a gated community and
that access to Residential Plots and Parcels, the Country Club
and Other Clubs shall be limited to Owners of Residential
Plots or Pcrcels and the Owners of the Country Club and Other
Clubs and their respective members.
0
C. The Owners of the Country Club and Other Clubs (if
any), the members of such clubs, their family members, guests,
invitees and lessees, the players or users of ~ne golf course,
tennis courts, or other recreational facilities which are part
of such clubs, and the spectators at tournaments (the
"Visitors") shall have a perpetual non-exclusive easement in
their favor to use the Common Property for all normal
purposes, including, but not limited to, ingress and egrets
and for the furnishing of services and facilities and for such cD
other purposes for which the same are reasonably intended in -G cD
accordance with the terms of this Declaration. However, this ]~ --
easement as it relates to the use of the Common Property by
members of the Country Club or Other Clubs or Visitors shall
be only as to that portion of the Common Property necessary
for their use. Any disputes as to what constitutes a normal
purpose or what portion of the Common Property is necessary
for their use, shall, during the term of this Declaration, be
determined by Declarant (even if the Declarant Membership
expires prior to expiration of this Declaration), in its sole
and absolute discretion.
D. The Master Association may suspend the rights of
any Member or Limited Member to use the Common Property for
any period during which any assessment against such member's
Plot or Parcel remains unpaid and delinquent, and for a period
not to exceed thirty (30) days for any single infraction of
the rules of the Master Association. Any suspension of such
right to use the Common Property, other than for failure to
pay assessments, shall be made in accordance with the By-Laws
and after notice and hearing in accordance therewith.
E. The Master Association has the right to take such
steps as necessary to protect the Common Property against
foreclosure.
OR BOOK PAGE L~
F. The Declarant or the Master Association, by a vote
of its Board, may dedicate or transfer to any public or
private utility, utility or drainage easements on ~ny part of
the Common Property for which easements or use rights form a
part of the Common Property.
G. The Board may set reasonable priorities for use of
the Common Property, or parts thereof, for private parties and
functions, for both members and nonmembers. The Board shall
have the right to prescribe such rules, regulations,
conditions and establish and collect such security deposits
and fees as the Board may deem reasonable and appropriate
under the circumstances.
5.04 Useof ~O~on Property and Improvement= ~y Declarant.
Declarant, for itself, its successors, assigns and designees,
reserves the right to use portions of the Common P~operty, for the
purposes of sales offices, hospitality ce~r~, administrative
offices, construction offices or other purposes during the
development, marketing and sale of Grey Oaks, all wi~out specific
compensation to the Master Association.
5.05 Use O$ commo~ PNopert¥ and Improvements by the General
Public. The golf clubhouse facility to be constructed ~i~h%~ Grey
Oaks must be available for use as a hurricane shelter in accordance
with Paragraph 4 of the PUD. If there is an emergency which
triggers the requirements of the PUD for use of the hurricane
shelter, and if there is excess shelter space not needed by use of
the Owners as determined by the Declarant in coordination with the
appropriate officials at Collier County, during the existence Of
such emergency members of the general public shall have an easement
for ingress and egress over and across the Common Property as
reasonably necessary to utilize the golf clubhouse facility as a
hurricane shelter.
EI]
0
CD ""='"
5.06 Social Activities. The Board may designate from time to
time such special social and other committees to organize and
manage functions utilizing the Common Property for the benefit of
the Owners and Residents of The Properties. The Board may impose
special fees or charges in connection with any such function that
the Board deems reasonably necessary and appropriate to cover
additional expenses anticipated to be incurred by the Master
Association in connection therewith, including the employment of
service personnel, cleaning, utilities, security or similar
assistance. In connection with any such function, Owners and
Residents of The Properties may be charged an entrance or admission
fee to such function to defray or help to defray such cost.
Similarly, such functions may be held for appropriate fund raising
purposes to benefit the Master Association or any literary,
scientific, charitable or community purpose approved by the Board.
-16-
·
1691 OOi
ARTICLE VI
ASSESSMENTS
6.01 Obliaation. T~pes of Assessment. Lig~. Each Owner of a
Plot or Parcel is obligated to pay to the Master Association all
Regular Assessments, Supplementary Assessments, Special
Assessments, Improvement Assessments and Service Assessments made
in accordance with this Master Declaration, the Articles and By-
Laws. The Assessments shall be levied and collected as provided in
the Association's Governing Documents. All Assessments and any
interest, late charges, attorneys fees, court costs and other costs
of collection shall be a continuing lien upon the Plot or Parcel CD
against which such Assessment is made until fully paid and shall
also be the personal obligation of the Owner of such Plot or Parcel ~
at the time w;,en the Assessment falls due and shall remain the (iD
personal obligation of such Owner even if such Owner conveys the O
Plot or Parcel to a third party. The personal obligation to pay ~ cD
Assessments shall not pass to successors in litle of an Owner
unless expressly assumed by such successor but shall remain a lien
on the Plot or Parcel. The Master Association may record in the
public records of Collier County, Florida, a "Claim of Lien" or
similar document describing the amounts claimed due by the Master
Association as to any one or more Plots or Parcels. The execution
and recording of such a Claim shall not be required in order for
the continuing lien of Assessments to be valid, however the
recording of such Claim shall determine the priority of the lien cD
with respect to liens against the Plot or Parcel claimed by a cD
Neighborhood Association.
6.02 Purposes of Assessments. Assessments levied by the
Master As=ociation shall be used only for the purposes described in
this Master Declaratiom, the Articles and By-Laws. Amounts for
Common l~xpenses provided for herein shall be used for the general
purpose of promoting the recreation, health, safety, welfare,
common benefit and enjoyment of the Owners and occupants of Plots
and Parcels, and of maintaining and operating the Common Property,
and the values thereof.
6.03 RegUlar Assessments. The Board shall determine the
amount and time for payment of Regular Assessments pursuant to the
Articles and By-Laws. The Board may consider the current
maintenance, operational and other costs of the Association and its
future needs, including the need for reserves.
6.04 Supplementary Assessments. If the Board determines that
the Regular, and any Supplementary Assessments, for the current
year are, or will become, inadequate to meet all Common Expenses
for any reason, it shall determine the approximate amount of such
inadequacy and make a Supplementary Assessment against each Plot or
Parcel, specifying the date or dates when due. A Supplementary
Assessment may be added to and paid with installments of the
-17-
1697
Regular Assessment, or be otheruise payable a~ de'er~ineQ bT the
Board.
6.05 SPecial Assess~ent~. Special Assessments may be levied
by the Board and given their nature and purpose, may be levied on
a nonuniform basis, notwithstanding the provisions of Section 6.09
herein.
~.06 ImProvement Assessment. The Master Association may also
levy an Improvement Assessment. nil I~pr~vem~nt ~ss~ssments must
first be approved by at least a majority of the votes entitled to CD
be cast by members entitled to vote thereon, and by the Declarant ~ --
during the time the Declarant Membership exists. Improvement ~23
Assessments shall be payable at such times as may be determined by CD --4
the Board and approved in accordance with the Governing Documents. ~ cD
All amounts collected as Improvement Assessment~ may only be used
for capital improvements and shall be deposited by the Board in a ~.
separate account to be held in trust let such purposes.
Improvement Assessments shall not be commingled with any other
funds of the Master Association and shall be considered a
contribution to the capital account of the Master Association by
the members obligated to pay such Assessments.
6.07 Service Assessments. Service Assessments may be levied
by the Board and given their aature aad purpose, may be levied on
a nonuniform basis, notwithstanding the provisions of Section 6.09
herein.
$.08 pudge~s.
A. Regular Budget. The Board shall prepare an annual
budget and make copies available to all members at least
thirty (30) days prior to the first day of the following
fiscal year. Any budget that contemplates an Improvement
Assessment which requires approval o~ the Regular or Limited
Members shall be submitted for a Direct Vote of the members
entitled to vote thereon. The Association shall give
Neighborhood Associations and all Regular and Limited Members
entitled to vote on the Improvement Assessment at least sixty
(60) days notice of the meeting at which such budget will be
considered. During such notice peri<)d, ~h~ Neighborhood
Associations shall conduct Direct Voting on the Improvement
Assessment. Each Neighborhood Association shall report the
results of such Direct ~ote to the ~oard at least thirty (30)
days prior to the beginning of the next fiscal year. The
Board shall then finalize and adopt the budget inclusive or
exclusive of the Improvement Assessment dependent upon the
Direct Vote by the members. The failure of the Board to
prepare, submit and adopt a budget in a timely manner shall
not affect the validity of the budget once adopted.
B. Water Management Budget. The Board shall establish
a separate budget to pay for the operation and maintenance of
OR BOOK PAGE
the water management system serving The Properties (the "Water
Management Budget"). The Water Management Budget shall not
include any costs or expenses associated with the
responsibilities cr services performed by the Master
Association other than maintenance and operation of the water
management system, similarly, the Regular Budget established
by the Board shall not include any costs or expenses
associated with the maintenance an~ operation of the water
management sy~t. em. The Water Management Budget may be
prepared as a separate subcategory of the Regular Budget or as
a separate budget, so long as the Regular Assessments
necessary to fund the Water Management Budget can be allocated
in accordance with Section 6.09 below.
CD
0 ~
6.09 Allocation of Budqeted Amounts. Each Plot and Parcel
shall be assigned an Assessment Index. The Assessment Index shall
be equal to the total number of votes assigned to such Plot or
Parcel in accordance with Section 4.04 herein. Each Owner of a
Residential or Commercial Plot or Parcel shall be obligated to pay
a portion of the Water Management Budget, which portion shall be no
greater than a fraction, the numerator of which is tha~ Plot's or
Parcel's Assessment Index and the denominatcr of which is the total
of Assessment Indices for all Plots and Parcels. Additionally, the
Owners of each ResiCential Plot or Parcel shall be obligated to pay CD
a portion of the Regular Budget, which portion shall be no greater -~ cD
than a fraction, the numerator of which is that Residential Plot's ]:~ --
or Parcel's Assessment Index and the denominator of which is the ~'D --4
total of Assessment Indices for all Residential Plots and Parcels. Ur] -~
Owners of Commercial Plots or Parcels shall not be obligated to pay ~ ~
any portion of the Regular Budget except a portion of the water
management subcategory (if there is no separate Water Management
Budget) in accordance with this Section. Such portions allocated
to Residential and Commercial Plots or Parcels shal~.co~stitute.the
Regular Assessment allocable to such Residential or Commercial Plot
or Parcel for the fiscal year. Although the Declarant is not under
any obligation to do so, so long as the Declarant Membership
exists, it may direct the Board to reduce the Regular Assessment
otherwise allocable to each Plot or Parcel by a uniform percentage
thereby establishing a "Reduced Regular Assessment" and pay the
difference between such Reduced Regular Assessment and the Regular
Assessment as a deficiency in accordance with Section 6.18 below.
In no event may the Assessment Index assigned to any Plot or Parcel
be less than the number of votes which may be exercised
(notwithstanding the limited voting rights of Limited Members) by
the Owners of such Plot or Parcel. Supplementary and Improvement
Assessments shall be levied in the same proportion as Regular
Assessments. Regular, Supplementary and Improvement Assessments
may be collected at such intervals as may be determined by the
Board, subject to any pr~cribed membership approval. Special and
Service Assessments need ;~ot be uniform in amount nor levied in a
proportion to the Assessment Index due to their nature, but they
shall be handled and processed in a uniform and nondiscriminatory
-19-
Regular Assessments become due
shall pay a prorata assessment. The assessment shall be calculated
as a portion of the Budget(s) applicable to that Plot or Parcel,
which portion shall be no greater than a fraction, the numerator of
which is that Plot's or Parcel's Assessment Index and the
denominator of which is the total of Assessment Indices used by the fid
Board in allocating that year's Budget among similar Plots or
Parcels. Such assessment shall then be adjusted based upon the GO
number of full months remaining in the Association's fiscal year. CD
6.10 co~menCemept o~ Regular Assessments. Regular
Assessments shall commence on the first day of th= following month
in which an Owner other than the Declarant owns a Plot or Parcel.
Although the obligation to pay Regular Assessments commences in
accordance with the preceding sentence, in the case of the
Club and Other Clubs, the amount of such assessment may be
until such time as either a building or a golf course or any
portion thereof is completed since the level of Regular Assessments
is tied to the number of votes assigned to property and with
respect to the country Club and other Clubs, such votes are cD
assigned as the buildings and the golf course are completed ~n cid
accordance with Section 4.04 herein. In the event the Declarant ]~, --
decides to develop the country Club or Other Clubs in its own name, ~-) --4
it shall pay Regular Assessments allocable to the Golf or other
Clubs in the same manner that such assessments would be ~ayable in
the event the Golf or other Clubs were owned by a separate entity.
In the event the Declarant decides to develop any other Plot or
Parcel in its own name, it shall pay Regular Assessments for such
development based upon the Assessment Index attributed to such
development in accordance with Section 6.09 above, from the first
day of the month following the issuance of a building permit for
Improvements to be constructed. The intent of charging the
Declarant Regular Assessments in accordance with this Section is
for the Declarant to be treated substantially equivalent as other
Owners with regard to any assessable property that it undertakes to
develop. ,,Substantially equivalent" shall not necessarily mean
identical, since other owners of Plots or Parcels may be obligated
to pay Regular Assessments prior to issuance of a building permit
in the event they acquire title to such property and there is a
delay between the acquisition of such title and the issuance of a
building permit.
6.11 _Abatement of Reqular Assessments. If the amount
budgeted to meet Current Expenses for the curr~nt year proves to be
excessive, the Board may either reduce the amount of Regular
Assessments or abate collection of Regular Assessments as it deems
-20-
169~' O0 I 187 '-";~
! - ,.'_.~~
OR BOOK PAGE L-,~,~_~I
appropriate. The Board shall not reduce or abate Regula:-
Assessments if the quantity or quality of services rendered by the
Master Association would be significantly or adversely affected.
6.12 Pre-development Assessment of Parcels. If third parties
acquire Plots or Parcels from the Declaran~ for purposes of
development, despite anything herein to the contrary, as part of
such acquisition, the Declarant may reduce or abate the Regular and
Supplementary Assessments otherwise due and attributable to a Plot CD
or Parcel to a point in time not later than the issuance of a
certificate of occupancy for the Improvement located on such Plot Co
or Parcel whereupon the full assessment (subject to proration) as (iD
to such Improvement shall thereafter become due. '~n the event that CD
an Assessment Index would otherwise be allocated to the balance of
such property for improvements not yet completed, the balance of
such property shall remain subject to assessment only at the
reduced assessment level until a certificate of occupancy is issued
for the Improvement for which an Assessment Xndex has been
allocated. During any such time in which Regular or Supplementary
Assessments are reduced or abated in accordance with this Section,
the number of votes which would otherwise be allocated to such
property shall be similarly reduced or abated. In no event shall
the reduce~ assessment apply to Service or Improvement Assessments
nor shall the Owner of any property be privileged to enjoy a cD
reduced as'~essment level for more than thirty six (36) months after ]~. --
the date cf conveyance thereof by Declarant. Nothing herein shall ~'D --4
require the Declarant to reduce or abate a Regular or Supplementary
Assessment at all, or for the full length of time permitted by this
Section, it being the intent of this Section to describe the
outside limits of the Declarant's rights hereunder to reduce or
abate Regular and Supplementary Assessments.
6.13 Exempt Property. The Common Property and Neighborhood
Common Property shall be exempt from all assessments levied herein.
Institutional Property shall be exempt from Regular, ~upplementary
and Improvement Assessments. Institutional Property shall be
subject to those Special Assessments levied to reimburse the Master
Association for costs incurred in bringing the Institutional
Property or the Owner thereof into compliance with this Master
Declaration, and to those Service Assessments levied to pay for
materials or services for which the Owner of such Institutional
Property subscribed.
6.14 Reserves. The Board may establish reserve accounts
funded from Regular Assessments in reasonable amounts and in such
categories as are determined by the Board for deferred maintenance
and repair, including maintenance of all Common Property, and
emergency repairs as a result of casualty losses, and recurring
periodic maintenance or the initial cost of any new service to be
· performed by the Master Association. All amounts collected as a
reserve shall be deposited or invested by the Board in separat£
accounts to be held in trust for the purposes for which such funds
-21-
1697 OOt 188
OR BOOK PAGE
are collected, and shall not be commingled with ar, y otne= funds of
the Master Association. Such reserves shall be deemed a
contribution to the capital account of the Master Association by
the Members.
6.15 RiGhts of Mortqagees. The lien of the assessments
provided for in this Declaration which accrue and become due and
payable with respect to any property after a mortgage is recorded
encumbering such property but prior to the conveyance of title as
a result oK a foreclosure or a conveyance in lieu of foreclosure,
is subordinate to the lien of such mortgage. The Owner acquiring
title to the property as a result of foreclosure or conveyance in
lieu of foreclosure is not liable for assessments which became due
prior to such acquisition. The unpaid assessments shall be deemed
a Common Expense collectible from all Owners, including the person
or institution acquiring title to such property through foreclosure
or conveyance in lieu thereof. This shall not relieve an Owner
from responsibility for unpaid assessments for th~, period of time
he owned such property. Any assessments against property accruing
prior to ~ecordation of a mortgage or after the acquisition of
title as a result of foreclosure or conveyance in lieu of
foreclosure shall be a lien against such property in the manner
otherwise provided for in the Declaration.
6.~6 Delinquent Assessments. The Board may establish
provisions in the By-Laws for collecting late charges and interest
on delinquent assessments. The Board may also bring an action at
law for collection of delinquent assessments and/or for foreclosure
of the lien of delinquent assessments. The Board may, but shall
not be required, to bring an action against the Owner who is
personally liable for the delinquent assessment without recording
a claim of lien against the property or foreclosing the lien. The
Board may include all late charges, interest, attorneys fees and
costs of collection in any suit brought to collect delinquent
assessments or foreclose the lien of delinquent as~e$~t~nts. Any
payment of assessments shall be applied in the following order:
costs of collection, attorneys fees, late charges, interest and the
principal amount of the assessment. Upon the timely payment or
other satisfaction of all delinquent assessments assessed against
a Plot or Parcel, the Association shall release of record any
recorded claim of lien against such Plot or Parcel.
6.17 collection of Assessments throuqh Neiqhborhood
Associations. Assessments that are levied by -the Master
Association against any property within a Neighborhood may be
cellected from the Owners of property within such Neighborhood
through the Neighborhood Association responsible for operating such
Neighborhood. In this event, the Master Association shall certify
the amount and category of all assessments against the property
within such Neighborhood to the Neighborhood Association operating
the same and the Neighborhood A'sociation shall then be responsible
for collecting the same as agent and on behalf of the Maste£
-22-
CD
PAGE'
ORBOOK PAGE
Association. The provisions hereof are lntendad t=~ ~erve as an
acco~ation to the Master Association and it~ Hembers and to the
Neighborhood Associations but shall not make Neighborhood
Associations liable for any assessments beyond amounts actually
received by such Neighborhood Association nor diminish or impair
the obligation of each Owner for assessments otherwise due from
such ~ner. The Master Association, in its sole discretion, shall
dete~ine whether to collect assessments through Neighborhood
Associations and such determination shall be binding on the
Neighborho~ Associations. Each Neigh~rhood Association shall
remit the assessments collected by the Neighborhood Association, by
the deadlines established by the Master Association, along with a
list of all Owners who fail to pay assessments that were billed
through the Neighborhood Association.
6.18 Declarant Assessment. Except as provided in Section
6.10, so long as there is a Declarant Membership status, the
Declarant is not obligated for nor subject tr, any Regular or
Supplementary Assessment for any property which it may own, nor is
it responsible for any Special, Improvement or Service Assessments
except those to which Declarant consents to in writing. Instead,
the Declarant is responsible for paying the difference between the
Master Association's expenses of operation and the amount received cD
from Owners other than Declarant in payment of the Regular and cD
Supplementary Assessments levied against such Owners' property.
This difference is called the deficiency but does not include any
reserves for replacement, operating reserves, depreciation
reserves, capital expenditures or Special, Service or Improvement
Assessments. The Declarant may, at any time, notify the Master
Association in writing that it is withdrawing its obligation to
fund the deficiency, to be effective not sooner than sixty (60)
days after such notice, and thereafter Declarant shall no longer be
exempt from Regular, Supplementary or Special Assessments. All
such assessments shall be prorated for the remaining months of the
then current fiscal year if applicable.
ARTICLE VII
ASSOCIATION'S DUTIES AND POWERS
7.01 General Duties. Without limiting the duties and powers
specified in other portions of this Declaraticn, in the Articles or
the By-Laws, the Association shall:
A. Maintain, regulate and manage all of the Common
Property, including obtaining all required utility and other
services for the Common Property.
B. Perform all obligations required pursuant to any
governmental permit applicable to the Common Property.
C. Have the right to borrow money for the purposes of
improving, replacing, restoring or expanding the Common
-23-
OR BOOK P/ OE
Property, or adding new Common Property, and in aid thereof to
mortgage the Commun Property. The prior affirmative vote or
written approval of not less than two-thirds (2/3) of the
total votes entitled to be cast by Members must be obtained in
order to mortgage any Common Property owned by the Master
Association. The rights of such mortgagee shall be
subordinated to the rights of the Members and Limited Members.
In the event of a default upon any mortgage on the Common
Property, the lender's rights thereunder shall be limited to
a right, after taking possession of such pcoperty, to collect
assessments otherwise due and payable to the Association for
the maintenance and operation of the Common Property, in
accordanc~ with the budget duly adopted pursuant to this
Master Declaration and the By-Laws, and to apply such
assessments towards the maintenance and operation of the
Common Property or to reimburse the mortgagee .f~r funds
disbursed pursuant to such mortgage for maintenance and
operation of the Common Property. Upon satisfaction of the
mortgage debt, the ownership and possession of Che Common
Property shall be returned to the Master Association and all
of the rights of the Members and Limited Members hereunder
shall be fully restored. However, the Master ~ciation
shall not have the authority to mortgage any part of the
Common Property providing access, water management or utility
services to The Properties.
D. Pay any real and personal property taxes,
assessments and other charges levied agaiDst the Common
Property.
E. Enforce the provisions of this Master Declaration,
the Articles, By-Laws and rules by appropriate means and carry
out the obligations of the Master Association hereunder.
F. Do all things reasonably necessary ~e carry out
each and every obligation set forth in this Master
Declaration, the Articles, By-Laws or rules.
7.02 Water Management and Preserve Areas.
A. The Association is responsible for the operation,
maintenance and management of the surface water and storm
water management systems serving the properties, in accordanc~
with the provisions of Collier County Ordinance 90-48 and
Resolution 90-292 and Naples City Council Resolution 90-6211,
as such ordinances or resolutions may be now or hereafter
amended, and any applicable permits from the Florida
Department of Environmental Regulation, U.S. Army Corps of
Engineers and South Florida Water Management District. Any
land used for surface water or storm water management or
designated as preserve areas shall be placed under the control
of the Master Association, either by direct conveyance of such
-24-
1691
OR BOOK
00 119
PAGE
land as common Property, or the graKting of an easement or
license over such land to the Association.
B. The Association also has the authority to enter
into such agreements as necessary with the appropriate
governmental agencies to enable the Association to conduct
weed and algae control maintenance over those portions of the
Airport Road Canal (C-31) contiguous to Grey Oaks.
C. The Association may adopt rules and regulations
governing the maintenance, conservation and preservation of
the use of lands designated for water management and preserve
areas; provided, however that ~ai4 rules and regulations shall
not contravene the provisions of the ordinances, resolutions
and permits referenced in Paragraph A above.
CD
D. NO structure of any kind shall be constructed or
erected, nor shall an Owner in any way change, alter, impede,
revise or otherwise interfere with the fl~ and the woiume of cD
water in any portion of a water management, lake or preserve cD
area reserved for, or intended by Declarant to be reserved
for, drainageways, sluiceways or fo~ the e~'~mufa~i~n of
runoff waters, as reflected in any plat or instrument of
record, without the specific written permission of the
Association.
E. The right of ingress and egress, and ea~ements
therefore, are reserved over the water management, lake and
preserve areas in favor of the Declarant, the Association and
any appropriate governmental or quasi-governmental agency that
may reasonably require such ingress and egress. An Owner
shall not prevent ingress and egress by Declarant, the
Association or any appropriate governmental or quasi-
governmental agency to such water management, lake and
preserve areas for maintenance or landscape purposes.
F. No P10t or Parcel shall be increased iN size by
filling in any water management, lake or preserve area on
which it abuts, nor shall an Owner fill, dike, rip-rap, block,
divert or change the established water management, ~ke and
preserve areas that have been or may be placed under
Association control by conveyance, dedication, easement or
license without the prior written consent of the Association.
G. The Association shall have the power and obligation
to levy and enforce sufficient assessments, pursuant to
Article VI, to comply with this Section.
H. The Bssociation shall have the power to require a
Neighborhood Association to maintain any portion of a war. er
management, lake or preserve area within the boundaries of
-25-
O-R BOOK PAGE I I
such Neighborhood and to enforce such requirement pursuant to
Section S.03.
7.03' Central Monitorinq SYstem. The Association shall
contract with the Declarant or an entity to be designated by
Declarant for the operation and maintenance of a central monitoring
system connecting to each improved Residential Dwelling Unit
located within The Properties. The cost of such contract shall be
paid by the Association and shall be assessed against the Members
either as a Regular Assessment or Special Assessment.
Notwithstanding anything in the Governing Oocumt~n~s to the
contrary, this Section shall survive turnover of control of the
Association by Declarant.
ARTICLE VIII
PROPERTY MAINTENANCE
8.01 Overall Purpose. One of the fundamental Durposes for
imposing restrictive covenants on The Properties is tu insure that
The Properties will be maintained in order to preserve a quality
environment for the Owners and occupants of The Properties. In
order to protect property values and preserve the environment,
maintenance of the Common Properties and each Owner's Plot or
Parcel shall be done in accordance with this Master Declaration,
any Supplemental Declaration applicable to all or a portion of The
Properties, and a Neighborhood Declaration.
8.02 Corrective Maintenance. if an Owner of a Plot or Parcel
fails to maintain the premises or Improvements ~h~reon in
accordance with the Governing Documents applicable to such
property, the Association shall have the right, after approval of
two-thirds (2/3) vote of its Board, to enter upon such Owner's
property and to repair, maintain and restore the property and
exterior of any Improvement thereon. The cost of such maintenance
shall be charged to the Owner as a Special Assessment in accordance
with this Declaration.
S.03 corNec~ive Maintenance of Neiqhborhood Common P~ope~t¥.
If a Neighborhood Association fails to maintain any Neighborhood
Common Property or Improvements thereon in accordance with the
Governing Documents applicable to such property, the Association
shall have the right, after approval by a two-thirds (2/3) vote of
its Board, to enter upon the Neighborhood Common Property to
repair, maintain and restore the property and the exterior of any
Improvement thereon. The cost of such maintenance shall be charged
to the Neighborhood Association as a Special Assessment in
accordance with this Declaration.
8.04 Access to Property. The Association through its
officers, directors, agents and employees may enter upon an Owner's
or Neighborhood Association's property at reasonable times, to
maintain the Association Common Property and easements, to remove
~26-
refuse and to provide exterior corrective maintenance as permitted
under this Article. The Association shall have the right to use an
Owner's or Neighborhood Association's water, from an outside spigot
in reasonable amounts, without compensation to the Owner or
Neighborhood Association, if used for maintenance on the Owner's
property, the Association or Neighborhood Association's Common
Property or the Association or Neighborhood Association,s easement
immediately contiguous to such property. This Section does not
allow the Association to enter into any structure located on an CD
O~ae~'s o~,~e~9~orhood~.ssociation,s property unless such entry is ~ --
absolutely necessary to perform corrective maintenance pursuant to G0
CD '~
this Article. In any instance where entry into a building is O ='
necessary, the Ma£ter Association shall make a good faith attempt ~ cD
to notify the Owner or Neighborhood Association of the need for
said entry and to arrange a mutually convenient time for said ~
entry..
ARTICLE IX
RESTRICTIONS
9.01 Statement of Intent. Since each Plot or Parcel within
The Properties may have different types of developmen~ which
require different specific restrictions based upon the type of
development, the restrictions contained in this Master Declaration
are intended by the Declarant only to be those general overall
restrictions applicable to all of The Properties. As additional
property is subjected to this Master Declaration, the Declarant may
impose additional restrictions applicablu to such property by
including said restrictions in any Supplemental Declaration or by
recording a Neighborhood Declaration applicable to suc~] property.
9.02 Use Rest~ictione. Generally, the properties may be used
only for those purposes as provided in the PUD. The PUD contains
provisions which allow flexibility in assigning and reassigning
various land uses to the real property within Grey Oaks. The
Declarant has the sole right to assign and reassign those land uses
and to make modifications or amendments to the PUD and any other
governmental plans, land development regulations, development
orders and development permits applicable to Grey Oaks, subject to
any required approval of the appropriate governmental entity.
9.03 Plans, Specifications and Locations of Structures. The
Declarant will establish and may from time to time modify design
review guidelines, which guidelines may be unique to specific types
of development, outlining the process by which each owner must have
all plans and specifications for development on such Owner's
property approved. As part of the design review process, the
Declarant may establish a design review committee which may or may
not consist of members of the Board. Upon termination of the
Declarant Membership status, and as part of turnover of control of
the Association, the Board shall determine the composition and
membership of the design review committee and shall assume the
-27-
responsibility for enforcing the design review guidelines £or any
new construction to occur after such turnover. Even prior to
termination of the Declarant Membership status, it is the
Declarant's intent that the Master Association shall have the
responsibility for enforcing restrictive covenants imposed by the
Declarant and applicable to The Properties after construction of
Improvements have been completed in accordance with t~,e design
review guidelines. However, any major reconstruction or new
construction within The Properties must be reviewed andapproved by
the Declarant or its designees in accordance with the design review
guidelines so long as the Declarant Membership exists.
9.~4 peposits. ."7%e Declarant (and after turnover, the
Association) may require Owners to post deposits to ensure that
construction is completed in accordahce with the design review
guidelines.
~ '"'.-4
0
0 4:,--
~:~ o
9.05 Central Monitoring System. Each Residential Dwelling
Unit shall be equipped with a central monitoring system in
accordance with plans and specifications to be approved by
Declarant. The monitoring system shall be compatible with the
monitoring system to be installed in accordance with Section 7.03.
The central monitoring system is intended to benefit the Owner and
occupant of each Residential Dwelling Unit and is not intended as
an intrusion into the privacy of an Owner's or occupant's Dwelling
Unit. The design of the monitoring system and specific details
regarding how the system works and the number of monitors required
for each type Dwelling Unit are fully outlined in the plans and
specifications for the monitoring system provided by the contractor
referenced in Section 7.03. Further details regarding how the
agents or employees of such contractor will monitor each Dwelling
Unit may be made part of the rules and regulations of the
Association.
9.06 Water Lines. Each Residential Dwelling Unit and all
Commercial and Institutional Property shall be equipped with dual
water lines, one of which shall be designed to utilize non-potable
water. The plans and specifications for such dual water system
must be approved by Declarant or, at Declarant's option, by the
utility provider providing the non-potable water within The
Properties. Each Owner within The Properties shall be required to
connect the non-potable water lines on their property to the lines
of such utility provider.
9.07 Water Closets. Unless otherwise specifically approved
in writing by Declarant, all water closets used within The
Properties shall have a maximum flush of 1.6 gallons. It is the
Declarant's intent, in accordance with the PUD, that all water
closets meet this requirement unless it is shown by an Owner that
such facilities are not readily available or do not comply with
governmental ordinances and regulations applicable to the specific
type of developmeot to occur on such Owner's property.
-28-
ARTICLE X
NEIGHBORHOODS
10.01 Statement of Intent. It is the Declarant's intent that
all Owners within The Properties will be members of the Master
AsGociation and a Neighbornood Association. Such Neighborhood
Associations may be established by the Declarant or by the
developer intunding to develop a specific Plot or Parcel within The
Properties.
A. Multi-Family parcels. Generally, each multi-family
development Parcel sold by Declarant within The ~roperties
will constitute a separate Neighborhood and have a
Neighborhood Association, but either the Declarant or the
developer of two or more similarly situated multi-family
Parcels may combine such Parcel~ into c-e Neiqhborhood and
create one Neighborhood Association applicable to such
parcels.
B. Single Family Lots. With regard to single family
lots, it is generally the Declarant's intent to establish
separate Neighborhoods and Neighborhood Associations for each
Single Family Development within Grey Oaks. However, the
Declarant reserves the right to combine all single family lots
within two or more distinct Single Family Developments into
the same Neighborhood, to be governed by the same Neighborhood
Association, if the character of the single family lot~ and
the construction permitted thereon are sufficiently similar
such that the Owners of such lots will have a community of
interests compatible with each other. The purpose for which
distinct Single Family Developments may be combined would be
to allow one Neighborhood Association to contract for
materials and services for all lots within such Neighbmrhood
in order to take advantage of the economy of scale by
contracting for such services and materials in larger
quantities than might otherwise be available. However, single
family lots may only be combined into one Neighborhood under
the following circumstances:
1. The maximum average size of all lots to be
included within one Neighborhood is no larger than one
half (1/2) acre; or.
2. The minimum average size of all lots to be
included within one Neighborhood is larger than one half
(1/2) acre.
C. Merger. Nothing in this Section shall prohibit two
or more Neighborhood Associations from merging into one
Neighborhood Association in accordance with the procedures
CiD
--29--
1697
OR BOOK
001
required by the Neighborhood Associations' Governing Documents
and applicable law.
10.02 Neiahborhood Common ProPerty.
A. The cost and expense of maintaining the
Neighborhood Common Property shall not be a Common Expense but
shall be borne by the Owners of the Plots or Parcels located
in the Neighborhood as set forth in the Neighborhood
Declaration.
B. The Declarant reserves the right to cause portions
of the Common Property to become Neighborhood Common Property
by recording an instrument containing such provision in the
public records of Collier County, Flor{da. Upon recording
such an instrument, the real property described in such
instrument shall no longer be Common Property but shall be
Neighborhood Common Property and in lieu thereof, The use and
easement rights and the obligations pertaining thereto,
including, but not limited to, maintenance and administration
obligations, shall be those pertaining to such Neighborhood
Common Property and not Common Prcperty of the Association,
and the expense for maintenance an<~ administration shall no
long=r be a Common Expense but shall be a Neighborhood Common
Expense.
10.03 ~eiqhboFhood peclarations. The Declarant reserves the
right to amend specific provisions of this Declaration as it may
apply to one or more Neighborhoods without amending those
provisions with respect to all'Neighborhoods and to supplement this
Declaration by recording separate covenants, conditions,
restrictions and other provisions applying to any specific
Neighborhood. Separate covenants, conditions and restrictions may
be recorded as a supplement to this Declaration or as a
Neighborhood Declaration. The Declarant also reserves the right to
determine the consistency of all Neighborhood Declarations in
comparison wit' this Declaration and the plan of development of
Grey Oaks and to approve and consent to all Neighborhood
Declarations prior to the same being recorded in the public records
of Collier County, Florida. So long as the Declarant Membership
exists, Neighborhood Declarations shall not be effective until the
Declarant approves and consents to the same in writing.
O
GO
0
ARTICLE XI
INSURANCE ;tND RECONSTRUCTION
11.01 Insurance by Master Association. The Master Association
shall obtain and continue in effect as a common expense the
following types of insurance:
A. Comprehensive policy of public liability insurance
covering the Common Pro~.erty with limits to be approved by the
-30-
Board, covering claims for persona~ injury and/or property
damage, including protection against water damage liability,
liability for non-owned and hired automobiles, and liability
for property of others and such other risks as shall
customarily be covered with respect to similar developments
and risks. Such policy shall contain a "severability of
interest" endorsement or the equivalent, which shall preclude
the insurer from denying the claim of an Owner because of
negliqent acts or omissions of the Master Association or other
Owners.
B. A policy of fire and casualty insurance with
e~te~ed coverage for the replacement value of all
Improvements to the Common Property and tangible personal
property as shall be determined annually by the Board.
C. Such other policies and in such other amounts and
coverage as the Board shall from time to time determine to be
appropriate and desirable.
CiD
11.02 Owner's Insurance. The Master Association is only
obligated to provide insurance as set forth in $~c'cion 11.01. The
Master Association is neither authorized to nor sh~ll it obtain any cD
insurance with respect to any Plot, Parcel, Neighborhood or to ~o cD
provide any insurance with respect to liability, ~he~, damage or ~ --
any other casualty loss for any private property of any Owner, his ~'~ ~
tenant or their guests or family members or for any Neighborhood
Association, all of which shall be the responsibility of ~he Owner ~ ~
or the Neighborhood Association as applicable. ~
11.03 Destruction of Improvements. In the event o~ partial or
total destruction of Improvements to the Common Property, the
Master Association shall undertake to restore and repair the .same
to its former condition as promptly as practical. Th~ proceeds of
any insurance maintained pursuant hereto shall be used for such
purpose, subject to the prior rights of any mortgagee whose
interest may be protected by said policy. Any mortgagee and any
mortgage which, in accordance with the provisions of the mortgage,
has the right to demand insurance proceeds in the event of a
casualty or loss to the property encumbered by said mortgage,
waives the right to such proceeds if the proceeds are used pursuant
to this Declaration to repair, replace or restore the property
subject to the mortgage lien. If the proceeds of such insurance
are insufficient to repair, replace or restore such damaged
Improvements, the Board shall initiate an Improvement Assessment
and submit the same to a vote of the members in accordance with
this Master Declaration. Any reserves for deferred maintenance of
damaged or destroyed Improvements may also be used for such repair,
replacement or construction. If an Improvement Assessment is
necessary to enable the Master Association to reconstruct
Improvements, and is not approved in accordance with this Master
Declaration, the Board shall cause the Common Property to be
-31-
restored as nearly as practicable to its former condiaion, using
insurance proceeds, reserves and any Improvement Assessments that
are approved. If any excess insurance proceeds remain, the Board
may place them in a special improvement fund, add them to the
general fund of the Master Association, or a combination thereof,
unless the funds are demanded by the mortgagee holding any mortgage
encumbering the Common Property so damaged. At any time after such
damage, the Master Association may again submit proposed
Improvement Assessments to the membership in order to enable it to
reconstruct such Improvements, and if approved, the Master
Association shall again restore and repair the Common Property to
its former condition, to the extent possible.
ARTICLE XII
GENERAL PROVISIONS
12.01 Enforcement. The Master Association, any Owner or the
Declarant so long as the Declarant Membership exiu%s, shall have
the right to enforce these restrictions or any amendment hereto by
proceedings at law or in equity, including the right to prevent the
violation of any restrictions and to recover damages for such
violations. However, no enforcement proceeding may be maintained
by the holders of less than ten (10) votes in the Master
Association. With respect to assessment liens, the Board shall
have the exclusive right to enforce such liens. Failure of the
Master Association, any Owner or the Declarant to enforce any
covenant or restriction shall not be deemed a waiver of the right
to do so thereafter.
12.02 ~eveFabilit¥. The invalidation of any one of the
restrictions contained herein by a court of competent jurisdiction
does not affect any other restrictions, which shall remain in full
force and effect.
12.03 Term. These restrictions shall run with and bind all of
The Properties and inure to the benefit of the Association, any
Owner and the Declarant as provided above, for a term of thirty
(30) years from the date this Declaration is recorded. These
restrictions shall automatically be extended for successive periods
of five (5) years unless terminated upon approval of seventy-five
percent (75%) of all votes entitled to be cast for such
termination. Such approval may be evidenced by an instrument
signed by the holders of the required number of votes or by the
Direct Vote of the holders of the required number of votes. In the
case of a Direct Vote, the Association shall give Neighborhood
Associations and all Regular and Limited Members entitled to vote
on the termination written notice of the proposal to terminate the
Declaration. The Neighborhood Associations shall hold satellite
meetings and conduct Direct voting on the termination. Each
Neighborhood Association shall report the results of such Direct
Vote to the Board within forty five (45) days after receiving
written notice of the proposal. No such termination shall impair
-32-
CD
the rights of any Owner to the use and benefit cf a~'y ~asements ~
termination unless their voting privileges have been suspended or
revoked as otherwise provided herein.
f2.04 Interprstation. The provisions of this Master
Declaration shall be liberally interpretated to effectuate the
purpose of creating a plan for the development of amenities for a
~lgh quality, mixed use residential/commercial community. The CD
maintenance, preservation and regulation of the Common Property~is ii)
a priority objective of this Declaration and the Master CG ~
Association. The article and section headings are inserted for CD
convenience and should not be considered or referred to in ;~ o
resolving questions of interpretation or construction. This Master
Declaration shall be construed under the laws ~£ Lh~ State of ~
Florida. Whenever the context of this Master Declaration, the
Articles or By-Laws so require, the singular incl~es the plural
and the plural includes the singular, and any one gender refers to
any other gender.
12.05 Amendment.
A. In addition to any other right of amendment or
modification provided for in this Declaration, in which case
those provisions shall apply, prior to turnover of control of
the Association by Declarant, Declarant may modify, enlarge,
amend, waive or add to the covenants, ccnditions, restrictions
and other provisions of this Declaration so long as the same
do not substantially impair the general plan for development
of Grey Oaks as outlined in the PUD. Not more than ten (10)
days after request of the Declarant, the Association shall
join in any such amendments or modifications and execute such
instruments to evidence such joinder and consent as Declarant
shall, from time to time, request. Failure to so join and
consent to an amendment or modification, if any, shall not be
cause to prevent such modification or amendment from being
made by Declarant or to affect the validity thereof.
B. After the turnover of control of the Association by
Declarant, this Declaration may be amended upon approval of
sixty percent (60%) of all votes entitled to be cast for such
amendment. Such approval may be evidenced by an instrument
signed by the holders of the required number of votes or by
the Direct Vote of the holders of the required number of
votes. In the case of Direct Vote, the Association shall give
Neighborhood Associations and all Regular and Limited Members
entitled to vote on the amendment written notice of the
proposed amendment. The Neighborhood Associations shall hold
satellite meetings and conduct Direct Voting on the amendment.
Each Neighborhood Association shall report the results of such
-33-
1691 (]0 1200
OR BOOK PAGE
Direct Vote to the Board within forty-five (45) days after
receiving written notice of the proposed amendment.
C. Amendments for correction of scrivener's errors or
other non-material changes may be made by Declarant alone
until the turnover and thereafter by the Board of Directors of
the Association alone without the need of consent of the
Owners.
D. Notwithstanding anything to the contrary herein
contained, no amendment to this Declaration shall be effective
which shall impair or prejudice the rights or priorities of
Declarant, the Country Club Owner, or the Other Clubs Owner,
under this Declaration or any other of the Governing Documents
without specific written approval of such Declarant, Country
Club Owner, or Other Clubs Owner affected thereby.
E. After the turnover of control, a true copy of any
amendment to this Declaration shall be sent certified mail by
the Association to Declarant with five (5) days of its
adoption.
F. Notwithstanding anything contained herein,
Supplemental Master Declarations are not amendments and need CiD
be executed only by Declarant. -~ cD
G. Notwithstanding anything contained herein, ~ -~
Neighborhood Declarations are not amendments and need be ~r]~
executed only by Declarant.
12.06 AttorneY'S Fees. If any action is instituted to enforce
or construe the provisions of these restrictions, the party
prevailing in such action is entitled to recover from the other
party as part of the judgment, a reasonable attorney's fee and the
cost of such suit. If the Master Association is the prevailing
party in such action, such attorney's fees and costs shall be a
Special Assessment against the Owners and their Plots or Parcels
involved in the action.
12.07 Withdrawal of Property. Any property that is submitted
to this Declaration pursuant to Article III may be withdrawn
therefrom by the Declarant (or by another Owner with the written
consent of the Declarant) during the time it owns such property,
provided that the right of such withdrawal shall not extend to any
Plots within a Neighborhood in which any other Plots are then owned
by members except with the consent of all Owners within such
Neighborhood.
12.08 Creation of Community Development District. The
Declarant reserves the exclusive right to establish pursuant to
Chapter 190, Florida Statutes, as amended, a uniform community
development district (a special purpose local governi~.ent) to
CD
-34 -
1597 O01tOI
OR BOOK PAGE
service the lands within Grey Oaks and to transfer all ora portion
of the Common Properties, and some or all of the responsibilities
of the Association, to such district. If created, such district
would have legal authority to impose property taxes and non-ad
valorem assessments for the construction, reconstruction,
establishment, acquisition, planning, equipping, operating,
maintaining, managing, funding and operation of certain public
systems facilities, services or Improvements on lands within Grey
Oaks, The Properties and the proposed district, including Plots and
Par~m~s. '~y acceptance of a deed or other co~w~yan~ of property
within The Properties, each Owner gives full consent to the future
establishment of such a uniform community development district,
i~¢ludtag specifically the inclusion of the Owner's ~lot or Parcel
within said district.
-35-
1.697
OR BOOK
00 ~ 202~
PAGE
XN WXTNES8 WHKREOF, the HALSTATT PARTNERSHIP, a Florida
General Partnership, does hereby execute this Declaration of Master
Covenants, Conditions and R~strictions in its name by its
undersigned authorized partners hereto this ~ day of
Witness
Witn~s
LLOYD G. HENDRY, HAROLD S. LYNTON
and EDITH COLLIER SPROUL, (a/k/a
Juliet C. SproulJ, as Trustees of
the Edith Collier Sproul Trust
under Agreement dated December 29,
1969, and as confirmed by Agreement
of 7, 1~, Part%reU~teeship dated
Termination of
June
~LLO~{) O.-HEND~Y, ~'ustee
HAROLD S. LYNTOP[/, Trustee
//~DITH COLLIER ,.~PROUL, T~ustee
~ (a/k/a Juliet C. Sproul)
-36-
Witness
1697
OR BOOK PAGE
HAROLD $. LYNTON, LaMAR GABLE and
JULIET C. SPROUL, as Trustees for
Juliet C. Sproul under the Will of
Barron Collier, Jr., deceased, and
as confirmed by Change of Trustees
dated June 7, 1982, and filed
June 15, 1982, in Probate No. 76-
33, of the Probate Records of
Collier County, Florida, Partner
By:- - -~ : ~ " '~.', ~' ~
HAROLD S. LYNTON,"Trustee
LAMAR GA~, Trustee
//--/~[3LIET do ~S'PROL~, ~uste-e
-37-
COUNTY OF ';/-~/~L__
OR BOOK PAGE
The foregoing instrument was acknowledged before me this
day of ~~ , 1992, by LLOYD G. HENDRY, Trustee, who
is personally known to me,~r .......v ..~ prc~-uca~
>....- ;~~,.. -....;~,, Signature~ fL~ ;!Per sj~n '~m ;'~% "Taking Acknowledgment CD
":' 2 (; "-. ~'
'- ,-: ~ :, :. Name of Acknowledger Typed, Printed or Stamped
"" f- ' "::' Tit~e or Rank
·. .... .........- ..' ~.~ ~,A 7~o~5
Serial Numbe-r, if any
My Commission expires:
STATE OF J~~
COUNTY OF ~ ~.~'.~.,,~
The foregoing instrument was acknowledged before me this f/q4~
day of ~ 1992, by HAROLD S. LYNTON, Trustee,
who is personally known to me.'~r %'.k& has pro~ucc~
· ' ~a.:C Zn oath.
ac i.cn~i~ ' ficatio,,an~ ...~ d~d/d~d ,not ~ '
(Affix Seal) ~~~
Signature, of Pe. rsgg Taking Acknowledgment
Name of Acknowledger Typed, Printed or Stamped
Title or Rank
~.~ ^A'zYgOl5
Serial Number, if any
M~y Commission expires:
~ CfA~MISSION EXP. APR.I6,1gg&
~0NDED T~RU GENFRA~ IN%. UND.
The foregoing instrument was acknowledged before me this
day of ~ , 1992, by EDITH COLLIER SPnOUL, (a/k/a
Juliet C. Sproul), Trustee, who is personally known to me. cr
h~ n~,,~- ~ a~ idcntific~t ion ~nd
~id/did not tike ~.n oath
. ~ (Affix Seal) ~~
signature o~ PersoD Tgking Acknowledgment
Name of Acknowledger Typed, Printed or Stamped
-38-
Title or Rank
O~m. ~ AA 75~01~
Serial Number, if any
My Commission expires:'
~T~Y PUBLIC STA~ ~ ~'~A
MY COMMISSION EXP, APR.16,199&
~NDED THRU GENERAL IHS. ~D,
' 1697 ~]0 1205
· OR BOOK PAGE
COUNTY OF (~ ~L~m,~
The fo~,ego.ing instrument was acknowledged before me this
day of~A~/. , 1992, by LAMAR GABLE, Trustee, who is
personally known to me. ~r --'h= ha&
~=- .......... idcntificatlc~n a.-~~ "~-did/did ..... a~=
. ~. (Affix Seal)
Signature~of. Per~n Taking Acknowledgment
Name of Acknowledger Typed, Printed or Stamped
Title or Rank _
Co~.~ ~ 7~g015
Serial l[hmber, if any
My Commission expires:
ST^TE OF ~4~
COUNTY OF ~
0 WaS
The for instrument, 19?j,cknowledged before me this
day of by JULIET C. SPROUL, Trustee,
who is personally known to me.~r '-'..c..a-- ~ ~-r~d~ --n- ~'ho ~/~i~ . ....
'(Affix Seal)
*.,,..' '~, '..C.)
'-': ¢ .... 0 "'~
'': ,-$ I .~, .~C'
;,:. _- ~J
<-'-. 0 ~ ..",~'
Signature of Person Taking Acknowledgment
Name of Acknowledger Typed, Printed or Stamped
Title. or Rank _
e~ ~ 757Ol5
Serial Number, if any
My Commission expires:
MY CfA~'JISSIGH EXP. APR.I6,1gO&
~ONDKD T{'IRU CENE~AL INtl. UWD.
J ~ COLLIER CO. I
CD
CD ~
-39-
OR BOOK PAGE
First Union National Bank of Florida, a National banking
association, as Mortgagee of that certain Mortgage on the property
described in Exhibit A, which Mortgage is recorded in Official
Record Book 1683, Pages 2124 through 2149, inclusive, of the Public
Records of Collier County, Florida, hereby joins in the execution
of this Declaration of Master Covenants, Conditions and
Restrictions for Grey Oaks and by said Joinder agrees to subject
themselve&, their successors and assi~n~ ~o the provisions of this
~eclaration of Master Covenants, Conditions and Restrictions for
Grey Oaks.
Wi1~nesses:
STAT~ OF F~RIDA
CO~TY OF COLLIER
First Uni7 National ~ank of Florida
The ~o;~egoi~g instrument was acknow~ledg.e .d~bef, or9 me this
day\~f k~t,~C~~ , 1992, by ~)CkF~O('~ ~{l~(~_--' ,
as ~%0 ~~)_& of First Union National Bank of Florida, a
national banking association, on behalf of the corporation. He/she
is personally known to me or hasp ~r d~ed .... ~. .... ~{~
· ::~'~ ...... Signa~r,e O~ P~on Takin~ A~knowledgment
(
~' '.,~.~O%,~R~% % Name of A~knowledger Typed, ~ri~or Stamped
% ~lt,..~'~ ;"-' Title or Rank
~T~Y ~IC STA~
~D THR~ ~R~ IRS.
CD
4O
CD
.' 1691 00120
' ' OR BOOK PAGE
EX}ILBIT "A"
I" ALL THAT PART OF SECTION 24. TOWNSHIP 49 SOUTH. RANGE 25 EAST. COLLIER
COUNTT.,FLORIDA AND BEING HOPE PARTICULARLY DESCRIBED AS FOLLOWS,
COHHENCING AT THE NORTHWEST CORNER OF SAID SECTION 24,
THENCE ALONG THE NORTH LINE OF SAID SECTION 24. SOUTH 88'08'55" EAST
100.16 FEET TO A POINT ON THE EAST LINE OF A 100 FOOT CANAL RiGHT-OF-
WAY (O.R. BOOK 154. PAGE 6). PUBLIC RECORDS OF COLLIER COUNTY. FLORIDAs
THENCE ALONG SAID E~',$T LINE. SOUTH 01'22'37' EAST 2719.48 FEET TO THE
NORTH LINE OF THE SOUTH 1/2 OF SAID SECTION 24~
TH£HCE'tEAVlN~ SAID NORTH LiNE CONTINUE ALONG SAID EAST LINE OF CANAL
RIGHT-OF-WAY. SOUTH 01'34'40" EAST 8/.65 FEET TO THE POINT OF BEGINNING
OF THE DESCRIPTION OF LAND PLATTEDJ
THENCE L~AVING SAiD EAST LINE. EASTERLY AND SOUTHEASTERLY 420.37
FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE TO
THE SOUTHWEST. HAVI~NG A RADIUS OF 462.49 FEET. THROUGH A CENTRAL
ANGLE OF S2'04'40'~AND BEING SUBTENDED BY A CHORO WHICH BEARS
SOUTH 6S'32'20' EAST 406.0S FEET,
THENCE SOUTH 39'30'00' EAST 390.13 FEET,
THENCE SOUTHEASTERLY AND EASTERLY 462.12 FEET ALONG THE ARC OF A
TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHEAST. HAVING A
RADIUS OF 623.00 FEET. THROUGH A CENTRAL ANGLE OF 42'30'00' AND
BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 60'qS'O0' EAST
4S1.60 FEET,
THENCE SOUTH 82'00'00' EAST 113.S8 FEET,
THENCE EASTERLY AND SOUTHEASTERLY 170.90 FEEI ALONG THE ARC OF A
TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHWEST. HAVING A
RADIUS OF 459.00 FEET. THROUGH A CENTRAL ANGLE OF 21'20'00' AND
BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 71'20'00" EAST
169.92 FEET~
THENCE SOUTH 60'40'00' EAST 174.40 FEETr
THENCE SOUTHEASTERLY. EASTERLY AND NORTHEASTERLY 39.27 FEET ALONG
THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHWEST.
HAVING A RADIUS OF 25.00 FEET. THROUGH A CENTRAL ANGLE OF 90'00'00'
AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 74'20'00' EAST
3S.56 FEET~
_ THENCE NORTH 29'20'00' EAST 67.03 FEE~
THENCE NORTHEASTERLY 266.12 FEET ALONG THE ARC OF A TANGENTIAL
CIRCULAR CURVE CONCAVE TO THE NORTHWEST. HAVING A RADiUS.OF
FEET. THROUGH A CENTRAL ANGLE OF 27'19'J1" AND BEING SUBTENDED BY
A CHORD WHICH BEARS NORTH 15'40'14' EAST 26~.60 FEET TO A POINT ON
SAID CURVE~
THENCE LEAVING SAID CURVE. SOUTH 87'S9'31' EAST 84.00 FEET~
THENCE SOUTHWESTERLY 158.14 FEET ALONG THE ARC OF A NON-TANGENTIAL
CIRCULAR CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 642.00
FEET. THROUGH A CENTRAL ANGLE OF 14'06'47" AND BEING SUBTENDED BY
A CHORD WHICH BEARS SOUTH 09'03'52' WEST IS?.74 FEET TO A POINT ON
SAiD CURVE~
THENCE LEAVING SAID CURVE. NORTH 89'~0'00' EAST 20S.80 FEET~
THENCE NORTH 00'30'00' WEST 315.S? FEET~
THENCE NORTH 89'30'00" EAST 565.00 FEETJ
THENCE NORTH 61'00'00" EAST 119.61 FEET,
THENCE NORTHEASTERLY AND SOUTHEASTERLY 93.70 FEET ALONG THE ARC OF
A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTH. HAVING A RADIUS
OF 108.46 FEET. THROUGH A CENTRAL ANGLE OF 49'30'00' AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 8S'4S'00" EAST 90.81 FEET,
THENCE SOUTH 69'30'00' EAST 49.9? FEET,
THENCE SOUTHEASTERLY 9~.31 FEET ALONG THE ARC OF A TANGENTIAL
CIRCULAR CURVE CONCAVE TO THE SOUTHWEST. HAVING A RAOIUS OF
104.8J FEET. THROUGH A CENTRAL ANGLE OF SI'O0'O0' AND BEING
SUBTENDED BY A CHORD WHICH BEARS SOUTH 44'00'00" EAST 90.26 FEET~
Page 1 of 3
...... .... P GE" "'
THE~'C~"SO~TH 18'50'00" EAST 228.97 FEET,
THENCE SOUTH 12'00'00' WEST 341.25 FEET,
THENCE SOUTH 47'00'00' WEST 195.77 FEET,
THENCE SOUTH 72'00'00' WEST 187.62 FEET,
THENCE SOUTH 69'30'00' WEST 198.66 FEET,
THENCE NORTH 00'30'00" WEST 102.00 FEET,
THENCE NORTH 79'~0'00' WEST 310.14 FEET,
THENCE SOUTH 16'30'00' WEST 58.64 FEET~
THENCE SOUTH 89'30'00" WEST 369.27 FEET,
THENCE SOUTH 29'20'00' WEST 71.54 FEET~
THENCE NORTH 60'40'00' WEST 84.00 FEET,
~H£NCE HOR,TflE~Sf[RL~, ~ORTHERLY AND NORTHWESTERLY 39.27 FEET ALONG
THE ARC OF'A NON-TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHWEST
HAVING A RADIUS OF 25.00 FEET. THROUGH A CENTRAL ANGLE OF go'o0'o0'
AND BEING SUBTENDED DY ~ CHORD WHICH BE/.RS N~ETH IS'40'O0' WEST
~36 FEET,
THENCE NORTH 60'40'00' WEST I74.40 FEET,
THENCE NORTHWESTERLY 12.6.22 FEET ALONG ~HE AA OF A TANGENTIAL
CIRCULAR CURVE CONCAVE TO THE SOUTHWEST. HAVING A RAOIUS OF 359.00
FEET. THROUGH A CENTRAL ANGLE OF 21'20'00' AND B~iNG SUBTENDEO BY
A CHORD WHICH BEARS NORTH 71'20'00' WESI 125.49 FEET~
THENCE NORTH 82'00'00' WEST 113.58 FEET, ~
THENCE WESTERLY AND NORTHWESTERLY 551.13 FEET ALONG THE ARC OF A
TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHEAST. HAVING A
RADIUS DF ?4~.O0 FEET. THROUGH A CENTRAL ANGLE OF 42'30'00" AND
BEING SUgTENDED BY A CHORD WHICH BEARS NORTH 60'45'00" WEST
538.58 FEET~
THENCE NORTH ~9'30'00' 14E'ST 324.29 FEET~
THENCE NORTHgESTERLY AND WESTERLY 73.00 FEET ALONG THE ARC OF A
TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, HAVING A
RADIUS OF 99.24 FEET, THROUGH A CENTRAL ANGLE OF 42'08'37' AND
BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 60'34'19' WEST
71.36 FEET~
THENCE NORTH 81°38'37' ~EST 60.27 FEET~
THENCE WESTERLY AND NORTHWESTERLT 102.54 FEET ALONG THE ARC OF A
TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A
RADIUS OF 146.$5 .FEET. IHAOUGH A CENTRAL ~NGLE OF '40'00'37' AND
BEING SUBTENDED BY A CHORD WHICH BEARS NO. RTH 61'38'18" ~EST
100.27 FEET~
THENCE NORTH 41'38'00' WEST 50.00 FEET~ o-
THENCE NORTHWESTERLY 86.21 FEET ALONG THE ARC OF A TANGENTIAL
CIRCULAR CURVE CONCAVE TO THE SOUTHWEST. HAVING A RAOIUS OF
!48.45 FEET. THROUGH A CENTRAL ANGLE OF 33'16'25' AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 58'16'12' WEST 85.00
FEET TO A POINT ON SAID CURVE AND A POINT ON SAID EAST LIBE OF
100 FOOT CANAL RIGHT-OF-gAY,
THENCE LEAVING SAID CURVE ALONG SAID EAST LINE. NORTH 0~'34'40'
WEST 121.79 FEET TO THE POINT OF BEGINNING OF THE DESCRIPTION OF
LAND PLATTED~
BEARINGS ARE BASED ON THE NORTH LINE OF SAID SECTION 24. TOWNSHIP 49
SOUTH. RANGE 25 EAST. COLLIER COUNTY. FLORIDA. BEING SOUTH 88'08'55"
EAST,
SUBJECT TO EASEHENT$ AND RESTRICTIONS OF RECORD.
CONTAINING 22.18 ACRES HORE OR LESS.
Page 2 .of.3
I?~0
OR BOOK
001802
PAGE
~D
. I ~ O~S UNIT TWO
All of GREY OAKS UNIT 'tWO according to the plat thereof in Plat
'~ook 19, Pages 37 through 40, inclusive, public Records of Collier
County, Florida.
Page 3 of 3
Z
COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT AND
ENVIRONMENTAL SERVICES DIVISION
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
ENGINEERING REVIEW SECTION
March 2, 1998
Ms. Tonya Rue
Wilson, Miller, Barton & Peek, Inc.
3200 Bailey Lane
Naples, FL. 34105
Re: Grey Oaks Unit Nine
Dear Ms. Rue:
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.
Ail 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 (1) 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 improvements,
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. Houldsworth
Senior Engineer
cc: Shirley Nix
Building Review & Permitting
Code Enforcement
Housing & Urban Improvement
(941) 403-2400
(941) 403-2440
{941) 403-2330
Natural Resources
Planning Services
Pollution Control
(941) 732-2505
(941) 403-2300
(941) 732-2502
February 20, 1998
Mr. Thomas Kuck, P.E.
Senior Project Manager
Collier County Engineering Review Services
2800 North Horseshoe Drive
Naples, FL 34104
,oERVIG:x'o
Subject:
Grey Oaks Unit Nine
Utility Dedication
Engineer's Payment Confirmation
Collier County Conveyance Document Checklist, Legal Documents Item 16
Dear Mr. Kuck:
Wilson Miller confirms receiving payment for our services to date on the subject project. As of
this date, no monies are outstanding from the owner (client).
Sincerely, /~. , //
Johnygteven _Kemptc~, P.E.
Sen~r Associate
CC:
I .... , Grey Oaks Dcvclopment
Nanette Alvarado, WMB&P, Inc.
I/l 5/98-36770 Vet: O1 !-TRue
NO 120-UO9-000-EDED- 19487
WILSON, MILLER, BARTON & PEEK, iN(;.
3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 ' Ph 941-649-4040 Fx 941-643-5716
Web Site: www. wilsonmiller.com E-mail: naples@wilsonmiller, com
January 15, 1998
Mr. Thomas Kuck, P.E.
Senior Project Manager
Collier County Engineering Review Services
2800 North Horseshoe Drive
Naples, FL 34104
SUBJECT:
Grey Oaks Unit Nine
Utility Testing Results
Dear Mr. Kuck:
The following attached tests for the subject project are in our professional judgement and to the best
of our knowledge and belief representative of actual field conditions on the date performed:
1. 12" and 8" force main pressure tests dated 12/29/97
2. Inflow/infiltration test
If you should have any questions, please do not hesitate to contact Tonya Rue at our office.
Sincerely,
WIL~&~vei PEEK, INC.
J ~ Kern~tor~ P.E.
Senio~ Associate
CCi
Jim Ink, Grey Oaks Development Corp., w/enclosures
Tonya Rue, WMB&P, Inc., w/o enclosures
Engineer's Signature and Seal
1/15198-33857 Ver 0H-LDiefent
NO 120-U09-000-EDED- 19487
WILSON, MILl_ER, BARTON & PEEK, 1NC.
3200 Bailey Lane, Suite 200, Naples. Florida 34105-8507 ' Ph 941-649-4040 Fx 941-643-5716
Web Site: www. wilsonmiller.com E-mail: naples@wilsonmiller, com
.".Lq,i:, f' ,~ .\ 1~:.'~ %~:,'-~,~,~ l',~,,f~ m,,,~
WILSON
· MILLER · BARTON & PEEK, INC.
ItYDROSTATIC TEST REPORT
Project Er.el 0ok£
Type of Main farce
Plan File /) - /~7
Supt. ,..7~-~ ·/-/,,~oe'r/
The computed allowable leakage for the test section is (calculations attached)
The maintained test pressure for the test duration was
The measured leakage during the test was
The duration of the test was
o
t05
Hrs.
Gal. Hr.
Field Rep. '~';"//~
Date of Test /2/
t, 25 Gal/Hr.
Gal.
The measured leakage was
psi.
The method of measurement was
Meter
Calibrated Dmm *
The hydrostatic test for this section
meets X' does not meet
the allowable leakage.
WILSON, MILLER, BARTON & PEEK, INC:
By: ~ ~,/~-~:~;~-'- Date:
' ~gf'd p,~epresentati4e .
12JZ/94-00110036.BKY
WILSON · MILLER °
BARTON & PEEK, INC.
ItYDROSTATIC TEST REPORT
Z
IZ:. ?~
ly~, zOO
Project &7
Type of Main
W.O. # /t/O/?O-
The computed allowable leakage for the test section is (calculations attached) O, z14
The maintained test pressure for the test duration was / (.95 psi.
The measured leakage during the test was ~) Gal.
Plan File ~- /337
Supt. ~¢ //e/2~ t'r~
Field Rep. ~J//TH O/finr[/~l
Date of Test '~/TVa] [
GaCHr.
The duration of the test was
Hrs.
The measured leakage was
Gal. Hr.
The method of measurement was
Meter
Calibrated Drum
The hydrostatic test for this section
meets X does not meet
the allowable leakage.
WILSON, MILLER, BARTON & PEEK, INC..
i~ld RepresentatiVe .
Date:
12/2/94~0110036.BKY
03/13/98
FRI 13:35 FAX 941 643 5716
I~v~on Chiles
Governor
WILSON ~fILLER ~] 001
Depar
Environme
2295 Victoria Avenue, Suite 364
Focc Myers, Florida 33901-3881
March 10, 1998
James M., I~, V.P. Engineering & Const~ction
Grey O~:s Development co~oration
2640 Go]L~en Gate Parkway~ Suite
Naples, Florida 34105
Virginia B. Wetherell
Secrat~ry
RECEIVED
WILS0NMILLER
MAR 11 1998
FOLDER#
RE: Collier County - PW
Gr~¥ Oaks Unit 9
(C~ty of Naples WTP)
DSll-305799
Dear Mr. Ink:
This a~owledges receipt of certification that the subject water
distribution system extension has been completed in accordance
with th~ p%ans and related materials permitted by this agency
under P.~rm~t N~mber DSll-30~799 dated May 30, 1997.
Based o:~ this certification and satisfactory bacteriological
results, we are approving these faciliti~s for service. Your.
continu,ad cooperation in our water supply program is appreciated.
Sincerely,
Gary A.
Professional Engineer
GAM/O~O/skw
cc: John Steven Kempton, P.E.
Ronald A. Wallace, P.E.
"Protect, Conserve ond M0~0ge Florido's Environment ond Noturol Resources"
Prin~ed on recycled popcr,
05t10/95 FRI 15:20
FAX 94! 643~.5716 WILSON MILLER
Department of
Environmental Protection
South I~istri~
~,29S Victoria Avenue, Sure 364
For~ I~yers, Flarid~ 3390t-3~Bl
March 12, 1998
~002
Virginia B. ~te~mrell
Timothy L. Ciemons, Wn.~mwamr D~rcctor
Collier County Public Works..~.',vision . . l~loor
3301 Earl. T~nJam~ Trail, Building I-I, Third
Naples, FiD 34112
Dear lvlx. Cle.,mons:
W~; have received a certificate of completion of construction dated I~ebmarY 4 and
received on February 20, submitted by loh~ S~evell Kempton, ?.F-. of W'dson, MUlet,
Barton i~, Peek, Inc,, for the project authorized by the above pern~t number. Accordinsly,
the waslewatcr collcction/trans~ntssion system mz, y be placed into service.
Sincerely,
W~r l~acUitics
I-IWY/,id
cc: John Stever~ K, emptol~
"Protea, Con,erYc and Manage Florida's Env/eonmenl and Nocurot Resources"
Pr~tud an re~Jed paper,
CONTRACTOR' S CERTIFICATION
On this 1st day of December , 1997 , the UNDERSIGNED (hereinafter
referred to as "CONTRACTOR" ) I[EREBY CERTIFIES to
Collier County Utilities
(hereinafter referred to as "OWNER") the following:
WAIVER OF LIEN
All. labor employed , material purchased, equipment bi red , fees, ] i censes,
insurances and taxes of every description have been paid in fu]] and
there are no liens outstanding for said project. Contractor further
certifies that he will indemnify and save harm]ess the Owner from any
and all manner of claims, liens, suits, loss or damage ar;ising by virtue
of Contractor or Contractor's subcontractors or suppliers.
WARRANTY AND GUARANTEE
If within one year after the date of acceptance by Owuer or such longer
period of time as may be prescribed by law or by the terms of any
applicable special guarantee required by the Project Engineer, an~ work
is found to be defective, Contractor shall promptly, wJ thout cost to
Owner in accordance with Owner's wPitten instructions, e-i ther correct
such defective work or, if it has been rejected by Owner, remove it from
the site and replace it with nondefective work. If Contractor does not
promptly comply with the terms of such instructions, or Jn an emergency
where delay would cause serious risk of loss or damage, Owner may have
the defective work corrected or the rejected work removed and replaced,
and all direct and indirect costs of such removal and replacement, in-
cluding compensation for additional professional services, shall be paid
by Contractor.
INDEMNIFICATION
The Contractor shall indemn_~fy and hold harmless ~l~e Owner against all
claims, damages, losses and expenses, including, but not l~mi. ted to,
attorney's fees, arising ont of or resulting from negligent acts, errors
or omissions of the Contractor where the claim, damage, loss or expense
is attributable to bodily injury, sickness, disease or death, or injury
to or destruction of tangible property, including 1. oss of use resul ting
therefrom.
COST AND MATERIAL
A detailed accounting of all cost and all quanti t~es of material used
this project, per tile as-built and record drawings, is attached as Page
2 of 2, Exhibit "A" and made a part of this cert~ ficatJon.
TIIE UNDERSIGNED person, or persons, is authorized to represent the company,
corporation, representative or individual (Contractor) and binds hJmse] f,
his partners, successors, executors, administrators, assJgus and legal
representatives to the above.
Unit Nine at Grey Oaks
PROJECT NAME OF WATER AND/OR
WASTEWATER SYSTEM
~worn to and subsc~xibed
before~F/j'~
day ~f ,
19 ~
/OTARY PUBI, I
Guymann Construction of Florida,. Inc.
CONTRACTOR
56802,Youngquist Road
Ft. Myers, FL 33912
Fred Russell, PE/Vice-President
(NAME AND TITI,E)
Page
CONTRACTOR'S CERTIFICATION
TOTAL COST AND QUANTITIES
PROJECT NAME: Unit Nine at Grey Oaks
WATER SYSTEM
WASTEWATER 'SYSTEM
WASTEWATER PUMPING SYSTEM
X
This is a detailed accounting of all cost and a] 1 quantJ ties
of materials used and installed in this project per the
asbuilt and record drawings with each item separately
described by size, quantity, unit price and total cost.
Include full description and quantity instal, led for each
category. The mobilization, restoration, pavement repair,
testing, etc. is included in the appropriate individual
line item cost listed below.
ITEM DESCRIPTION SIZE QUANTITY UNIT COSTI TOTAL
.ft Station 1 LS 65,000.00 65,000.00
~-14 Force Main 12" 48 LF 26.60 1,276.80
~-18 Force Main 12" 1,312 LF 23.10 30,307.20
{-14 Force Main 8" 71 LF 15.20 1,079.20
{-18 Force Main 8" 648 LF 13.80 8,942.40
~ Plug Valve & Box 12" 1 EA 2,651.00 2,651.00
~r Release Valve I EA 1,554.00 1,554.00
)nnect to Existing FM 8" 1 EA 500.00 500.00
~STEWATER PUMPING SYSTEM [!0TAL: $111,310.60
Li
DR
DR
DR-
DR-
M~
Ai
Page~ of ~
CONTRACTOR'S CERTIFICATION
TOTAL COST AND QUANTITIES
PROJECT NAME: Unit Nine at Grey Oaks
WATER SYSTEM
WASTEWATER'~SYSTEM
WASTEWATER PUMPING SYSTEM
X
This is a detailed accounting of ali. cost and mi] quantities
of materials used and installed in this project per the
asbuilt and record drawings with each item separntely
described by s~ze, quantity, unit price and total cost.
Include full description and quantity installed for each
category. The mobilization, restoration, pavement repair,
testing, etc. is included in the appropriate ~ndividual
line item cost listed below.
ITEM DESCRIPTION SIZE QUANTITY UNIT COST TOTAL
PVC Gravity Main 6'-8' 8" 84 LF 27.00 2,268.00
PVC Gravity Main 8'-10' 8" 44 LF 31.00 1,364.00
PVC Gravity Main 10'-12' 8" 568 LF 38.00 21,584.00
PVC Gravity Main 12'-14' 18" 57 LF 50.00 2,850.00
Sanitary Manhole 10'-12' 4' dia. I EA 1,830.00 1,830.00
'Sanitary Manhole 12'-14' 4' dia. 2 EA 2,200.00 4,400.00
Sanitary Manhole 14'-16' 4' dia. 1 EA 2,440.00 2,440.00
Drop Connection 8" 1 EA 500.00 500.0C
WAS~EWATER SYSTEM TOTAL: $37,236.0C
Page 2 of '
January 15, 1998
Mr. Thomas Kuck, P.E.
Senior Project Manager
Collier County Engineering Review Services
2800 North Horseshoe Drive
Naples, FL 34104
SUBJECT:
Grey Oaks Unit Nine
Utility Dedication Engineer's Certification
Dear Mr. Kuck:
Please accept this letter as representation that in our professional judgement and to the best of our
knowledge and belief the sanitary sewer collection system for Grey Oaks Unit Nine has been
completed in substantial accordance with the enclosed plans, WMB&P, Inc., Drawing File No. D-1337,
and specifications approved by Collier County Engineering Review Services.
Furthermore, to the best of our knowledge and belief, the subject sewer facilities have been constructed
by the contractor within the public right-of-way and/or dedicated easements.
Please contact Tonya Rue at this office should you have any questions regarding this matter.
Encls.
CC:
& PEEK, INC.
Jim Ink, Grey Oaks Development Corp., w/o enclosures J ///f//.,~J//j
Tonya Rue, WMB&P, Inc., w/o enclosures
· ./
Engineer's Signature and Seal
t/lS/9g-33855 Vet: 01!-LDiefcnt
N0120-U09-00~EDE D- 19487
WILSON, MILLER, BARTON ~ PEEK, IN(:.
3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 ' Pta 941-649-4040 Fx 941-643-5716
Web Site: wwxv. wilsonmiller.com E-mail: naplcs@wilsonmiller.com
CONTRACTOR'S CERTIFICATION
On this 1st day of December , 1997 , the UNDERSIGNED (hereinafter
referred to as "CONTRACTOR" ) HEREBY CERTIFIES to
Collier County Utilities
(hereinafter referred to as "OWNER") the following:
WAIVER OF LIEN
Ali_ labor employed, material purchased, equipment hired, fees, ]icenses,
insurances and taxes of every description have been paid Jn fu] 1 and
there are no liens outstanding for sa~d project. Coutractor further
certifies that he will indemnify and save harm]ess the Owner from any
and all manner of claims, liens, suits, loss or damage arising by virtue
of Contractor or Contractor's subcontractors or suppliers.
WARRANTY AND GUARANTEE
If within one year after the date of acceptance by Owner or such longer
period of time as may be prescribed by law or by the terms of any
applicable special guarantee required by the Project Engineer, an~ work
is found to be defective, Contractor shall promptly, without cost to
Owner in accordauce with Owner's w~itten instructions, either correct
such defective work or, if it has been rejected by Owner, remove it from
the site and replace it with nondefective work. If Contractor does not
promptly comply with the terms of such instructions, or Jn an emergency
where delay would cause serious risk of loss or damage, Owner may have
the defective work corrected or the rejected work removed and replaced,
and all direct and indirect costs of such removal and replacement, in-
cluding compensation for additional professional services, shall be paid
by Contractoc.
INDEHNIFICATION
The Contractor shall indemnify and hold harmless ~he Owner against all
claims, damages, losses and expenses, ~ncluding, but not l~mited to,
attorney's fees, arising ont of or resulting from negligent acts, errors
or omissions of the Contractor where the claim, damage , loss or expense
is attributable to bodily injury, sickness, disease or death, or injury
to or destruction of tangible property, including loss of use resulting
therefrom.
COST AND MATERIAL
A detailed accounting of ali. cost and all quantities of mater~a] used in
this project, per the as-built and record drawings, is attached as Page
2 of 2, Exhibit "A" and made a part of this certification.
THE UNDERSIGNED person, or persons, is authorized to represent the company,
corporation, representative or individual (Contractor) and b~nds h~mse] f,
his partners, successors, executors, administrators, assJ gns and legal
representatives to the above.
Unit Nine at Grey Oaks
PROJECT NAHE OF WATER AND/OR
WASTEWATER SYSTEH ,'
Guymann Construction of Florida,. Inc.
CONTRACTOR
Sworn to and subs~ibed
before me this Fl;
day ~f~.z~ ,
199
OTARY PUBLIC
5686%Youngquist Road
Ft. Myers, FL 3391
Fred Russell, PE/Vice-President
(NAME AND TII'I,E)
January 15, 1998
Mr. Thomas Kuck, P.E.
Senior Project Manager
Collier County Engineering Review Services
2800 North Horseshoe Drive
Naples, FL 34104
SUBJECT:
Grey Oaks - Unit Nine
Fire Flow Certification
Dear Mr. Kuck:
Please accept this letter as representation that in our professional judgement and to the best of our
knowledge and belief, the water mains have been designed to provide fire flow to the project as
reviewed and approved by Collier County Engineering Review Services.
If you should have any questions, please do not hesitate to contact Tonya Rue of our office.
Sincerely,
WIL~
John Ste)/en Kempton,
Senior Associate
PEEK, INC.
CC'
Jim Ink, Grey Oaks Development Corp.
Tonya Rue, WMB&P, Inc.
Engineer's Signature and Seal
1tl5t9g-33856 Vet: 01!-VCellegr
NO 120-UO9-0OO-EDED- 19487
WILSON, MILLER, BARTON & PEEK, INC.
3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 ' Ph 941-649-4040 Fx 941-643-5716
Web Site: www. wilsonmillcr.com E-maih naplcs@wilsonmillcr, com
SANITARY SEWER SYSTEM
INFILTRATION REPORT
PROJECT:
DATE:
CRITERIA:
*50 gallons per inch of internal pipe diameter
per mile per day including manholes or as
required by the specifications.
An infiltration and/or inflow observation was made on the subject
project. The results are as follows:
*Gal
~7 LF x /~ in. Dia x 50 Day
5280 LF in. Dia
MI
x
1 9al
24 hr x 60 gal. = ~,dd~/ min
day min
From To
~,$
~$ I MH# I
Gallons per
Minute Measured
Gallons per
Minute Allowable
Prepared by:
/
Revised 1/8'6 G1
SANITARY SEWER SYSTEM
INFILTRATION REPORT
PROJECT:
DATE:
CRITERIA:
*50 gallons per inch of internal pipe diameter
per mile per day including manholes or as
required by the specifications.
An infiltration and/or inflow observation was made on the subject
project. The results are as follows:
*Gal
~ LF x ~ in. Dia x 50
Day
5280 LF in. Dia
MI
x
1 gal
24 hr x 60 gal. = ~, ~:.~ min
day min
From To
Gallons per
Minute Measured
Gallons per
Minute Allowable
MH~ I MH# ~-
Prepared by: ~~
Revised 1/8'6 G1
TIM WILSON UTILITY SERVICES
20250 KEOLA LN.
N. FT. MYERS, FL. 33917
BOARD OF COLLIER COUNTY COMMISSIONERS
3301 TAMIAMI TRAIL EAST
NAPLES, FLORIDA 33964
RE:
MANHOLE COATING CERTIFICATION
SANITARY SEWER SYSTEM
GREY OAKS UNIT 9
COLLIER COUNTY
NAPLES, FLORIDA
GENTLEMEN:
THIS LETTER IS TO CERTIFY THE COATING ON THE MANHOLES LOCATED AT
GREY OAKS UNIT 9 .TIM WILSON UTILITY SERVICES CERTIFIES
THAT THE COATING HAS BEEN APPLIED IN A MINIMUM THICKNESS OF 18 MILS DFT.
EXTERIOR SURFACE AND A MINIMUM OF 18 MILS DFT., IN TWO COATS, ON THE
INTERIOR SURFACE OF THE MANHOLES. TIM WILSON UTILITY SERVICES CERTIFIES THAT
THE PRODUCT MOBILE PAINTS, MO-TAR C-200 , IS AN APPROVED EPOXY
BITUMINOUS SEALANT.
SINCERELY,
TIM WILSON / ART WILSON
03/12/98 TEU 15:07 FAX 941 643 5716 WILSON ~4ILLER ~002
-~ -.-~..-=..=.r',-, 'o~'r'l~ CCq",l~TK:qJ[j'l'/Cg,,t ............ · ---
P.O. BDx 189, ~e~ Myers. Florida Fax #.Bga.-1292
Guy~a~n ConGtruccion
56%6 ¥oun~qui$~ ~oa~
pla~e and spec~iua~o~s mUppl~m~.
Also, ~em~9 N.R.C. ~=a~dar~s in e£Eec~
You=s ~ruly,
~oBmrt D. Lme
President/Oiler
DIVISION OF ELLIS K. PHELPS & CO.
fJ 2152 SPRINT BLVD.
APOPKA. FL 32703
(407) 886-3131
RESPOND TO:
5661 DIVISION DRIVE rE] 1100 53RD COURT SOUTH
FORT MYERS, FL 33905 MANGONIA PARK
(94]-) 693--5226 WEST PALMBEACt4. FL33407
(561) 848-2299
PUMP STAT1ON START-UP REPORT
124 AIRPORT PARK DR.
SAVANNAI4, GA 31408
(912) 966-1866
GREY OAKS MPS #2
JOB NAME
LOCATION OF STALLATION Naples, FL
CONTRACTOR Guymann Construction DESIGN CONDITIONS: GPM 199 TDH
OPERATOt~ ........ Collier County Utilities
PUMP MODEl, CP3127 tt.P. 10 IMPELLER 483 VOLTAGE 230 PIiASE
SERIAl, NUMBER ~ ]. 180-9740506 ~ 2 180-9740507
07-97-52
69
~3
MANUFACTURER OF CONTROL
OVERLOAD tit.J/VI'ER ,~ B-45
ALTERNATOR TESTED YES
COMMENTS:
~4
QCI SERIAL
]~/A CONNECTED YES
Meter #6J96546
GROUND CONNECTED YES
_A_i_ 1 __c__ _o_n_ t_r~ 1~ __o_p~e_r__a re__ 9___o_o4.- ..... p_u~m_p__s _.S__Ou__n_d_ gP__0..d_: ..................................
MEGGER CliECK ~1 INF RED INF BLACK __IN__F_ W, It]TE
,~2 INF RED INF BLACK INF WttlTt!;
~ 3 RED BLACK WH]TE
~ 4 RED BLACK W}~ ] 'I'E
VOLTAGE CHECK:
CONTROI~ CIRCUIT PRIMARY
A to B 254 B to C 257
A to G 127 B to G 223
AMPEI~\Gt!; CItECK: ff ] 19 A 20 B
~ 2 20 n 19.5
~ 3 A
PUHPS SEATED PROi>F;RI,Y YES
FI ELI) ']'1']~'i' t)ERFORMANCE TEST:
ill 268.9 GPH TI)It t12293.4 GPa
~3 (;P}'~ TDIt ~4 GPM
Official ~4tart-UI} Date:
TO GROUND
127 SECONDARY
A to C 256
A to G 128
20 C
19 C I>IiASI';
C PtiASE
24
OI~ERATOI~ ItA,% R}']CI']] VED 1NSTR[ICT]ON HANUAI¢ YES
TI)II BOTIt GPM
//)'l'l) } ~ t~OTtt
~ ,l _,~ - -':-
TI)II
COLLIER COUNTY UTILITIES
WASTEWATER DEP/~RTMENT
PROJBCT VIDEO REVIEW
DATE OF REVIEW: 02/04/98
PROJECT NAI~E: Grey Oaks, Unit~
Main
Rd.
ENGINEER OF RECORD:
CONSTRUCTION CONTRACTOR: Guymann Const.
VIDEO CONTRACTOR: Sewer Viewer, Inc.
COMI~ENTS: Lin~ and services are in qood condition.
RECOMMENDATIONS:
~X--~-~ACCEPTABLE:
~ REVIEW NUMBERED COMMENTS IN ONE YEAR:
[__] NUMBERED COMMENTS UNACCEPTABLE: (REPAIR/REPLACE)
~---~OTHERRECOMM~NDATIONS:
COLLIER COUNTY C VERNMENT
COMMUNITY DEVELOPMENT AND
ENVIRONMENTAL SERVICES DIVISION
PLANNING SERVICES DEPARTMENT
ENGINEERING REVIEW SECTION
January 22, 1998
Mr. Steve Kempton
WILSON, MILLER, BARTON & PEEK
3200 BAILEY LANE, SUITE 200
NAPLES, FLORIDA 34105
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
RE: Grey Oaks, Unit Nine, Water & Sewer
Dear Mr. Kempton:
A preliminary inspection of the referenced project was conducted by Randy Casey of the Engineering
Review Section of the Planning Services Department on January 22, 1998. 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 )403-24 ! 7.
Sincerely,
Engineering Inspection Supervisor
CF/rc/mk/f:~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. Il, Engineering Review Section
File
Building Review & Permitting
Code Enforcement
Housing & Urban Improvement
(941) 403-2400
(941) 403-2440
(941) 403-2330
Natural Resources
Planning Services
Pollution Control
(941) 732-2505
(941) 403-2300
(941) 732-2502
WILSON, MILLER, BARTON & PEEK, INC.
Engineers, Planners, Surveyors, Landscape Architects, Environmental Consultants & Construction Managers
Wilson Professional Center, Suite 200, 3200 Bailey Lane at Airport Road, Naples, Florida 33942 * (813) 6494040 Fax (813) 643-5716
Description of a 15.00 foot wide Utility Easement
for waterline purposes, being a part of Section 24
and 25, Township 49 South, Range 25 East,
Collier County, Florida
Grey Oaks
A 15.00 foot utility easement for waterline purposes over and across all that part of Section 24
and 25, Township 49 South, Range 25 East, Collier County, Florida lying 7.5 feet on each side of
the hereinafter described centerline being more particularly described as follows:
Commencing at the northwest comer of Tract H of Grey Oaks Unit Three according to the plat
thereof as recorded in Plat Book 20, pages 30 through 37, Public Records of Collier County,
Florida;
thence along the east right-of-way line of a 100' canal right-of-way as recorded in O.R. Book
154, page 6, Public Records of Collier County, Florida South 01o34'40" East 2211.18 feet;
thence leaving said right-of-way line South 60°33'45" East 147.96 feet to the Point of Beginning
of said centefline of easement herein described;
thence southwesterly 289.52 feet along the arc of a tangential circular curve concave to the east
having a radius of 563.50 feet through a central angle of 29°26'15" and being subtended by a
chord which bears South 14°43'07" West 286.34 feet;
thence South 00°00'00'' West 95.09 feet;
thence southeasterly 756.73 feet along the arc of a tangential circular curve concave to the
northeast having a radius of 963.50 feet through a central angle of 45°00'00'' and being subtended
by a chord which bears South 22030'00" East 737.43 feet;
thence South 45o00'00" East 181.52 feet;
thence South 45o00'00" West 20.00 feet;
thence South 90000'00" West 7.07 feet;
thence South 45o00'00" West 84.26 feet;
thence southwesterly 264.63 feet along the arc of a tangential circular curve concave to the
northwest having a radius of 339.50 feet through a central angle of 44o39'37" and being
subtended by a chord which bears South 67019'49" West 257.98 feet;
thence South 89039'37" West 107.89 feet;
thence South 00o20'09" East 583.28 feet;
thence South 90o00'00" West 25.00 feet to a point on the east line of a 100 foot canal right-of-
way as recorded in O.R. Book 154, page 6, Public Records of Collier County, Florida and the
Point of Ending of said centerline of easement described.
Being a 15 foot utility easement for waterline purposes.
Subject to easements and restrictions of record.
Bearings are based on the west line of Tract "H" along the easterly right-of-way line of a 100'
canal right-of-way being North 01 °34'40" West.
WILSON, MILLER, BARTON & PEEK, INC.
Registered Engineers and Land Surveyors
Michael H. Maxwell, P.S(M. #4650
Date
Certificate of authorization #LB-43.
Not valid unless embossed with the Professional's seal.
Ref. 1G-10
q~3'-9 7
Naples Fort Myers Sarasota
(813) 649-4040 (813) 939-1020 (813) 371-3690
Fax (813) 643-5716 Fax (813) 939-7479 Fax (813) 377-9852
POINT OF' COMMENCE..M, ENT--~
NYC CORNZR TRACT I-I"
GREY OAKS UNIT THREE
.........
~, r POINT OF" BEClNNING /., .... \
.%. \ / / /,,.. \ TRACT
POINT OF
ENDING
SCALE I"=200'
III
TRA C T "CC- 8"
!!L", (D.E. & M.E.)
III"
III
(D.E. & M.E.)
10' UTILITY EASEMENT
SOUTH LINE OF TRACT "H"
"GREY OAKS UNIT THREE"
SOUT, UNE Or SECTION 2'~
G~T*; u-fiT-oF ~EC-575-~ ~'~--'
GREY OAKS UNIT TEN
P~T BOOK XX, PAGE~X-XX
TRACT "C"
GREY OAKS U~
PLAT TRACT "CC-8" N
BOOK XX, PAGE..S XX-XX ~
*":" .: ~,,~//,~//?~": ~
.-.~-~-,"~ '.~ ¢ ... LINE TABLE
L6 ' ?" Line Beorin9 Distonce
L8
· L ~ S. OO'OO'OO"W. 95.09'
.'~' L2 S. 45'00'00~E. I81.52'
~ L,.T S, 45'00'00"W. 20.00'
~*" L4 S. 90'O0'O0~W. 7.07'
J.~2 L5 S. 45'OO'OO~W. 84.26'
L6 S, 89'$9'$7'W. 107.89'
L 7 S. 00'20'09 *E, 583. 28'
L8 Ngo'oo'oo"w. 25.00'
NO,
2
CURVE TABLE
R,4OIU$ DEL TA ARC TANGENT CHORD
56,.1.50' 29'26'15' 289.52' 148.03' 286.34'
963.50' 45'00'00~ 756.73' J99.09' 7JT. 4J'
339.50' 44'Jg'J~" 264,6,~' IJ9.45' 257.98'
CHORD OEAR/NG
S. 14'4J'OZ'*W.
S. 22'JO'OO#E.
S. 67'19'49'W.
MICHAEL H. MAXWELL, ~.~TM~.7 650
DATE ¢'2--?7
CERTIFICATE OF AUTHORIZATION // LB-4$
NOT VALID UNLESS EMBOSSED WITH THE PROFESSIONAL'S SEAL,
I PROJECT:
XXTILSON M I LLF..R
s~,~.~2~o&.~[~T~&~,..~?.~,~,~,,, GR~ OAKS D~L OPMENT CORP.
NOT A SURVEY
DALE: 4 97
SKETCH AND DESC 0 I -
T~T'~ RIPTI N /
IPROdECT NO N0120
I 15' UTILITY EASEMENT ~ '-'-
SHEET N(.NO
BEING A PART OF SECTION 24 AND 25,]SHEET