Backup Documents 09/23/2014 Item #16A 1 ORIGINAL DOCUMENT'S CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO I 6 A 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office 9ct/r
4. BCC Office Board of County 'jk I ' `
Commissioners y f / n\75‘,4-\
5. Minutes and Records Clerk of Court's Office
1Ct lz`°11q
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additions or missing information.
Name of Primary Staff John Houldsworth Phone Number x-5757
Contact/ Department g
Agenda Date Item was Sept.2� 2014 Agenda Item Number 16-A1
Approved by the BCC
Type of Document Easement Use Agreement—Kensington Number of Original One
Attached Park Documents Attached
PO number or account John Houldsworth has recording fees for
number if document is Clerk
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JH
2. Does the document need to be sent to another agency for additional signatures? If yes, JH
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of y ur deadlines!
8. The document was approved by the BCC on September 21C 2014 and all changes
ofmade during the meeting have been incorporated in the attached document. The /
County Attorney's Office has reviewed the changes, if applicable. V
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16A1
MEMORANDUM
Date: September 26, 2014
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Easement Use Agreement— Kensinton Park
Attached for recording is the Brandon Plat and a copy of the Construction and
Maintenance Agreement and Performance Bond referenced above, (Item #16A1)
approved by the Board of County Commissioners on September 23, 2014.
If you need anything further, please feel free to contact me at 252-8411.
Thank you.
Attachment
16A1
EASEMENT USE AGREEMENT
This EASEMENT USE AGREEMENT ("Agreement") is made as of this [.'�` day of
.66, ' . , 2014, by and between Nancy Perry, as Trustee of the NANCY PERRY
REVOCABLE TRUST dated June 20, 2002, (Ms. Perry) and COLLIER COUNTY ("County"),
hereinafter collectively referred to as the "Parties."
WHEREAS, Ms. Perry is the current fee owner of that certain real property known as
Portions of Lots 3 & 4, Block `C', Kensington Park, Phase One, according to the plat thereof as
recorded in Plat Book 21, Page 62, of the Public Records of Collier County, Florida more
particularly described in Exhibit"A", attached hereto (hereinafter"Subject Property"); and
WHEREAS, as set forth in Plat Book 21, Page 62, the County is record owner of certain
non-exclusive lake maintenance, access and drainage easement rights, as referenced in Paragraph
No. 5 of the Plat dedications, (collectively, the "Easements"), a portion of which encumbers the
Subject Property (hereinafter"Easement Area"); and
WHEREAS, the Easement Area is managed and maintained by the Kensington Park
Master Association, Inc; and
WHEREAS, a pool deck and planters have been constructed on the Subject Property
resulting in a 2.1 foot encroachment into the Easement Area along the northerly property
boundary line, as shown on the survey attached hereto as Exhibit"B" (the "Encroachment"); and
WHEREAS, the County has no present objection to the continued use of the
Encroachments within the Easement Area, provided that Ms. Perry agrees to the terms and
conditions set forth below.
NOW, THEREFORE, in consideration of the sum of$10.00 and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties do
hereby agree as follows:
1. The above recitals are true and correct and are incorporated herein.
2. Ms. Perry will provide both the County and the Homeowner's Association
whatever access they require to continue their non-exclusive drainage easement and maintenance
easement rights and further agrees to waive any claim of damage to the encroaching pool deck
and planters arising out of either the County's and Homeowner's Association's maintenance
activities within the Easement Area, whether such damage is intentional or unintentional.
3. The County agrees that until otherwise notified, Ms. Perry may continue the use
of the pool deck and planters within the Easement Area. The County retains the right, however,
in its sole discretion, to demand by written request that the Encroachments be removed from the
Easement Area, which Ms. Perry will do at her sole cost and expense within a reasonable time
from receipt of such request.
CA)
16A1
4. This Easement Use Agreement shall be recorded in the Public Records of Collier
County, Florida, at Ms. Perry's sole cost and expense. This Agreement is intended to bind the
Parties, together with their respective successors, assigns and heirs.
IN WITNESS WHEREOF, the parties hereto have executed this Easement Use Agreement
as of the date first above written.
ATTEST: ,: BOARD OF COUNTY COMMISSIONERS
DWIGHT.E.BROC clerk COLLIER/UNT 1 , FLORIDA
'r B !Amish
' OS as 0 .; Clerk TO G, i AIRMAN
signature only• ; �
WITNESSES:' '- • ' N• CY P'R' Y REVOCABLE TRUST
(Signatur ) IAN t' RY RUSTEE
Print Name: 'Rose r-w-t
/i
(Sign tture)
Print Name: 3rte f\arri�
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Easement Use Agreement was acknowledged before me, the undersigned
authority, on this Td-day of s ,c,l9i, , 2014, by NANCY PERRY who (✓) is personally
known to me or has ( ) produced as identification.
yp PAMELA J.OAUGttERIY Notary P blic/Stat ottFlutda /77,u'SJw"•
(SEAL fk.. . ' MyCommission Expire; � �c
-*• :* Mont 8,2015 a(9 �y0
:;�'•.SFAL.� - Japes County
Name: 177.�1ri U Ja �7
Cammieeion#11503752 My Commission expires: Ma� S.
App oved . to form and legality:
Scott A. Stone
Assistant County Attorney
2
rfii'
INSTR 4974149 OR 5030 PG 3404 RECORDED 4/28/2014 9:04 AM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
DOC @.70 $8,365.00 REC $27.00
CONS $1,195,000.00 6
1
1
;-::, ',
This Document Prepared by:
J. Thomas Conroy, III
Conroy, Conroy & Durant, P.A.
2210 Vanderbilt Beach Road, Suite 1201
Naples, Florida 34109
Parcel ID Number: 52730009662
CONSIDERATION: $1,195,000.00
Warranty Deed
This Indenture, Made this _ Atial4 o€ .ir 2014 A.D., Between Joanne M.
Alspaugh, an unremarried •t,• of the County • .3 4er, State of Florida, grantor, and
*Nancy Perry, as Trustee o� the Nancy Per ,l'
` R=vocable Trust dated June
20, 2002, as amended w .se :.dr • 1.64 . Fai vi=w Avenue, Carthage, MO
64836 of the County of Jasper,S . of - •u-'-4._r .
Witnesseth that the GRANTOR,for • ' •, •e : .n e .i.
N: s•I,rr .- • •-•) y DOLLARS,
and other good and valuable consideration t• . ' •NTOR in hand paid by RAN EE ceipt whereof is hereby acknowledged, has
granted, bargained and sold to the said G' • :.• and GRANTEE'S heir-''t ' e- o . . signs forever, the following described land,
situate,lying and being in the County of Coll•4r ate of Florida tow . L
A portion of Lots 3 and 4,Block C,Kensin_tit! fyl, 'hi Q . subdivision,according to the plat thereof
as recorded in Plat Book 21, pages 62 through I e Pi lilic Records of Collier County, Florida,which
portion is legally described as follows:
Lot 4,Block C,Kensington Park,Phase One,a subdivision recorded in Plat Book 21,pages 62 through 67,of
the Public Records of Collier County, Florida,less and except that part of Lot 4 more particularly described
as follows:
BEGINNING at the Northeasterly most corner of Lot 4,run S 20°50'10" E for 150.00 feet to a non-tangential
intersection of a curve concave Southeasterly; thence run 58.77 feet along said curve having a radius of 50.00
feet,an included angle of 67°20'33",a chord of 55.44 feet,and a chord bearing of S 35°29'33" W to a point of
reverse curvature of a curve concave Northwesterly; thence run 21.03 feet along said curve having a radius
of 25.00 feet,an included angle of 48°11'23",a chord of 20.41 feet,and a chord bearing of S 25°54'58" W to a
point of tangency; thence run S 50°00'39" W for 18.25 feet to a point of curvature of a curve concave
Northwesterly; thence run 3.72 feet along said curve having a radius of 25.00 feet, an included angle of
08°31'37",a chord of 3.72 feet,and a chord bearing of S 54°16'23" W to a non-tangential intersection with a
line bearing N 00°27'47" E; thence run N 00°27'47"E along said line for 216.43 feet to a non-tangential
intersection of a curve concave Southeasterly;thence run 3.23 feet along said curve having a radius of 200.00
feet,an included angle of 00°55'31",a chord of 3.23 feet,and a chord bearing of N 68°42'04" E to the POINT
OF BEGINNING.
PERRYALSPAUGH
db
-r k-1 1 cl->t T
OR 5030 PG 3405
16A1
And that portion of Lot 3,Block C of said subdivision more particularly described as follows:
BEGINNING at the Northeasterly most corner of Lot 3,run S 21°08'14" W for 152.25 feet to a non-tangential
intersection of a curve concave Southwesterly;thence run 8.67 feet along said curve having a radius of 230.00
feet, an included angle of 02°09'39", a chord of 8.67 feet, and a chord bearing of N 69°56'36" W to a
• non-tangential intersection,with a line bearing N 12°26'24" E; thence run N 12°26'24" E along said line for
' 150.59 feet to a non-tangential intersection of a curve concave Southwesterly;thence run 21.47 feet along said
curve having a radius of 380.00 feet, an included angle of 03°14'12", a chord of 21.46 feet, and a chord
bearing of S 71°59'27" E to a point of reverse curvature of a curve concave Northeasterly; thence run 10.37
feet along said curve having a radius of 25.00 feet,an included angle of 23°45'23",a chord of 10.29 feet,and a
chord bearing of S 82°15'03"E to the POINT OF BEGINNING.
*Trustee(Grantee)shall have the full power and authority to protect,conserve and to sell,lease,or encumber,or
otherwise to manage and dispose of the real property described herein.
To Have and to Hold the said real estate with the . .sg -z. . •on the trust and for the uses and purposes herein
and said Trust Agreement set forth with ful •• - ,�.M� ,N . .0.• 'de, protect, conserve, sell, lease, encumber
and otherwise manage and dispose of the t •`- • or any part the :. .. S no case shall any party dealing with said
Trustee in relation to said real estate or o ••.m said real estate or an .art ereof shall be conveyed,contracted to
be sold, leased or mortgaged by said st• _ : •y .••--.• stee, •- ob iged to see that the terms of the Trust
Agreement have been complied wit or •- oblige to ' ;uire in o the n ces''ty or expediency of any act of said
Trustee,or Successor Trustee,in rel. ion • •:14 a . - ,. , T c sh.II be conclusive evidence in favor of
every person relying upon or claimi+g u de an I s
ti
Trustee,
.1-.•- o of er instrument(a)that at the time of
delivery thereof the trust was in full ft- tL,- • .,.1• t. ch s • ...y. o, or other instrument was executed in
accordance with the Trust Agreemen t: conditions and limit.' ons : d •'�:' g upon all beneficiaries thereunder,
(c)that said Trustee, or Successor T • •4; was duly authoriz•=y,• m.4. -d to execute and deliver every such
deed, lease,mortgage or other instrume' • (d)that any Succes o :re •- issuing such deed, lease, mortgage or
other instrument has been properly appoi e4, • is fully vested . 'a• : 1 e title,estate, rights,powers, duties and
obligations of the predecessor in trust. "/ ___,//7 CIV`C
Subject to ad valorem and non-ad valorem real property taxes for the year of closing and subsequent years; zoning,
building code and other use restrictions imposed by governmental authority;outstanding oil gas and mineral interest
of record,if any; restrictions,reservations and easements common to the subdivision.
Together with all tenements,hereditaments,and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold,the same in fee simple forever.
and the grantor does hereby fully warrant the title to said land,and will defend the same against lawful claims of all persons whomsoever.
PERRYALSPAUGH
db
*** OR 5030 PG 3406 ***
1641
In Witness Whereof,the grantor has hereunto set her hand and seal the day and year first above written.
Signed,sealed and delivered in our presence:
_/ f/I . tA Al (Seal)
Prin•e•1 ' fe- : :� • - Joa ne M. Alspaugh
Witness P.O.Address:11104 South Lake Street,Alden,MI 49612
g1
Print=d Name: :7'i I• ■.l—i v['
Witness
STATE OF FLORIDA
COUNTY OF COLLIER rrO��,Z:,R CO(J
The foregoing instrument was ackn•. led:ed before me this a' a day if April, 2014 by Joanne M.
Alspaugh, an unremarri=d i• who 1 ,. ly kno , to 1 e or , has produced her Florida
driver's license as identifica on. ,
n 0 ..11' Fluip!'= -`-a.
co"
No
REBECCA E.PAM j y My C. o r
4. EXPIRES:COMMISSION ecembrr 25,2017
kt,,= emend, N�rPu61IO n J )'111' `�1.
c\-
PERRYALSPAUGH
db
INSTR 4974146 OR 5030 PG 3397 RECORDED 4/28/2014 9:04 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
16A1
a
This Document Prepared by:
J.Thomas Conroy, Esq.
CONROY,CONROY&, DURANT, P.A.
2210 Vanderbilt Beach Road
Naples,Florida 34109
Telephone:(239)649-5200
AFFIDAVIT
• STATE OF FLORIDA )
COUNTY OF COLLIER)
Before me, a Notary Public, this date appeared JOANNE ALSPAUGH, the unremamed
widow of ROBERT E.ALSPAUGH,deceased,to me well known,who being by me first duly sworn,
deposes and says as follows:
1. That my spouse and I, as -• -- : he entirety, previously acquired title to the
following Collier County, Florida prope• ':OV,R C 0 O
1.'t_
A portion of Lots 3 and 4,Block C,K- s ..1: Park Phase One,a su.• YTS]•',according to the plat thereof as
recorded in Plat Book 21,pages 62 oug• 6t7, the!?ublic Records of •Hie ounty,Florida,which portion
is legally described as follows:
Lot 4,Block C,Kensington Park, t has, • -,a a b• io d • . .T ••k I,pages 62 through 67,of
the Public Records of Collier Co ty„ • •a, - s: .x•e• •`at p. `I of I •t• more particularly described as
follows. r
BEGINNING at the Northeasterly . er of Lot 4,run S 4,':0'1+" ' 50.00 feet to a non-tangential
intersection of a curve concave South... •thence run 58.77 feet . • gsy.curve having a radius of 50.00
feet,an included angle of 67°20'33",a c •a(d)o .44 feet,and a c•• • .-. ng of S 35°29'33" W to a point of
reverse curvature of a curve concave No c ste ; ii- /r,: ' •t along said curve having a radius of
25.00 feet,an included angle of 48°11'23", a c • • • -2041 r.ti :r d a chord bearing of S 25°54'58" W to a
point of tangency; thence run S 50°00'39" W for 18.25 feet to a point of curvature of a curve concave
Northwesterly; thence run 3.72 feet along said curve having a radius of 25.00 feet, an included angle of
08°31'37",a chord of 3.72 feet,and a chord bearing of S 54°16'23" W to a non-tangential intersection with a
line bearing N 00°27'47" E; thence run N 00°27'47"E along said line for 216.43 feet to a non-tangential
intersection of a curve concave Southeasterly;thence run 3.23 feet along said curve having a radius of 200.00
feet,an included angle of 00°55'31",a chord of 3.23 feet,and a chord bearing of N 68°42'04"E to the POINT
OF BEGINNING.
And that portion of Lot 3,Block C of said subdivision more particularly described as follows:
BEGINNING at the Northeasterly most corner of Lot 3,run S 21°08'14"W for 152.25 feet to a non-tangential
intersection of a curve concave Southwesterly;thence run 8.67 feet along said curve having a radius of 230.00
feet,an included angle of 02°09'39",a chord of 8.67 feet,and a chord bearing of N 69°56'36"W to a non-
tangential intersection,with a line bearing N 12°26'24"E;thence run N 12°26'24"E along said line for 150.59
feet to a non-tangential intersection of a curve concave Southwesterly;thence run 21.47 feet along said curve
having a radius of 380.00 feet,an included angle of 03°14'12",a chord of 21.46 feet,and a chord bearing of S
71°59'27"E to a point of reverse curvature of a curve concave Northeasterly;thence run 10.37 feet along said
curve having a radius of 25.00 feet,an included angle of 23°45'23",a chord of 10.29 feet,and a chord bearing
of S 82°15'03"E to the POINT OF BEGINNING.
(hereinafter referred to as the"Property").
*** OR 5030 PG 3398 ***
16A1
2. That the home located on the subject property was constructed in accordance with
the timelines as set forth on deed recorded in O.R. Book 2320, page 1791, and I have not
received notice to repurchase from the grantor, J. Dudley Goodlette, as Trustee.
3. That this Affidavit is being given in connection with the sale of property to Nancy
Perry, as Trustee of the Nancy Perry Revocable Trust dated June 20, 2002, as amended on March
3, 2008, (hereinafter referred to as the"Buyer").
4. Affiant further states that she is familiar with the nature of an oath, and with the
penalties as provided by the laws of the State of Florida for falsely swearing to statements made
in an instrument of this nature. Affiant further certifies that she has read, or has had read to her,
the full facts of this Affidavit, and understand its contents.
FURTHER AFFIANT SAYETH NAUGHT.
`� ,R C!�, ‘„-..... L.....
r, 4 LSPAUGH
STATE OF FLORIDA ) U --
COUNTY OF COLLIER) \
SWORN TO ANDS :S• - : s •_, :� - - .i-,1 •ay of April 2014, by JOANNE
ALSPAUGH, the unremarrie. wi•• or: •'�ir , .-cea -� who • personal)
known to me or who has ro• - .�/A LI r personally
P /����_�%�, ����� •;� cation.
C--
r,,,.,".,, REBECCAEP ;•F,4 , :A±/�1i. _� 4
IMP►, *l
4,., 4. MY DOMINION iFFO •s': • �• 1 (seal
;•.- a a EXPIRES:December 25, Pri ,i ,
Ar Bowed 1 Nary NM una• • I ■ L -
' iIt CIRS-,
INSTR 4974145 OR 5030 PG 3394 RECORDED 4/28/2014 9:04 AM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA „(7.
REC $27.00 6 A 1
c
This Instrument Prepared by:
J. Thomas Conroy, Ill.
Conroy, Conroy&Durant, P.A.
2210 Vanderbilt Beach Road
Suite 1201
Naples, FL 34109
AFFIDAVIT
\ �1P
ON THIS 2 day of April, 2014, before me, an officer duly authorized to take
acknowledgements, personally appeared KENNETH R. JOHNSON, a licensed attorney
authorized to practice in the State of Florida, to me personally known, whose current business
address and telephone number is do Coleman, Yovanovich & Koester, 4001 Tamiami Trail North,
Suite 300, Naples, Florida 34103 (239)435-3535) (hereinafter"Affiant"), who being duly sworn on
his oath does say:
1. That Affiant is legal counsel tO,i irDLIt` dO E, AS TRUSTEE (the("Trustee").
2. That by Trustee's Deed
ovember 11, 199., -nd -corded November 12, 1996, in
Official Records Boo 22,•,-atRage_i 20...•f the "ub'c Records of Collier County,
Florida, the Trustee .cq ' ed eg- titl: • the • opert de ribed therein which included
the following descri•:d p.- ~` .1 : �4.�•-
A portion of Lots 3 . •,,,it."•' II- , 1,42n P 'h.•:. one, a subdivision,accordin g to
the plat thereof as re•@fd•d in Plat Book 21, ..ges .2 h 67, of the Public Records of
Collier County, Florid: ich portion is lega.! e ..#- follows:
Lot 4, Block C, Kensingt� C
t • Phase One, a .•.' on recorded in Plat Book 21, pages
62 through 67, of the Public ' -cciil
`T1-. ty, Florida, less and except that part of
Lot 4 more particularly describes .s. .0.•.
BEGINNING at the Northeasterly most corner of Lot 4,run S 20°50'10" E for 150.00 feet to
a non-tangential intersection of a curve concave Southeasterly; thence run 58.77 feet along
said curve having a radius of 50.00 feet, an included angle of 67°20'33", a chord of 55.44
feet, and a chord bearing of S 35°29'33" W to a point of reverse curvature of a curve
concave Northwesterly; thence run 21.03 feet along said curve having a radius of 25.00
feet, an included angle of 48°11'23", a chord of 20.41 feet, and a chord bearing of S
25°54'58" W to a point of tangency; thence run S 50°00'39" W for 18.25 feet to a point of
curvature of a curve concave Northwesterly; thence run 3.72 feet along said curve having a
radius of 25.00 feet, an included angle of 08°31'37", a chord of 3.72 feet, and a chord
bearing of S 54°16'23" W to a non-tangential intersection with a line bearing N 00°27'47" E;
thence run N 00°27'47"E along said line for 216.43 feet to a non-tangential intersection of a
curve concave Southeasterly; thence run 3.23 feet along said curve having a radius of
200.00 feet, an included angle of 00°55'31",`'a chord`bf 3'.23 feet; dttd'a chord bearing of N
68°42'04" E to the POINT OF BEGINNING.
OR 5030 PG 3395
16A1
And that portion of Lot 3, Block C of said subdivision more particularly described as
follows:
BEGINNING at the Northeasterly most corner of Lot 3, run S 21°08'14" W for 152.25 feet
to a non-tangential intersection of a curve concave Southwesterly; thence run 8.67 feet along
said curve having a radius of 230.00 feet, an included angle of 02°09'39", a chord of 8.67
feet, and a chord bearing of N 69°56'36" W to a non-tangential intersection, with a line
bearing N 12°26'24" E; thence run N 12°26'24" E along said line for 150.59 feet to a non-
tangential intersection of a curve concave Southwesterly; thence run 21.47 feet along said
curve having a radius of 380.00 feet, an included angle of 03°14'12", a chord of 21.46 feet,
and a chord bearing of S 71°59'27" E to a point of reverse curvature of a curve concave
Northeasterly; thence run 10.37 feet along said curve having a radius of 25.00 feet, an
included angle of 23°45'23", a ch. •_ 6: ' •et, and a chord bearing of S 82°15'03" E to
the POINT OF BEGINNIN Off\] °U7,
4. That the Trustee held I-g- . le to the Property pu uan to the terms of an unrecorded
trust document(the"T' st 'g ;•- , , st").
5. That Affiant has revi. e• : t 4J4in..tru at the Trust was current and
a as its sole Trustee, in ,o ••,., 1.f a te -ro rt .
6. That for the period fro 1„,• ember 11, 1996 4:-. • v s, , title to the Property, the Trust
remained active and J. ►� Y GOODLETTE w7-14 • : ice trustee of the Trust.
lj F ,
7. That pursuant to the term • \ the Trustee had full power and
authority to sell and convey real • •• ' Cn r I the Property hereinabove described.
8. That at the time the Trustee conveyed title to the Property, there were no contradictory
provisions contained in the Trust Agreement that restricted the Trustee's power to sell and
convey the Property.
9. That Article 6 of the Trust Agreement stated, in relevant part, as follows:
"PROTECTION OF THIRD PARTIES DEALING WITH THE TRUSTEE:
No party dealing with the Trustee in relation to the trust property in any manner
whatsoever, and (without limiting the foregoing) no party to whom the property or any part
of it or any interest in it shall be conveyed, contracted to be sold, leased or mortgaged by
the Trustee, shall be (a) obligated to inquire into the identification or status of any named
or unnamed beneficiaries, their heirs or assigns, to whom the Trustee may be accountable
under this Trust Agreement; (b) obliged to inquire into or inquire into the adequacy or
disposition of any consideration, if any is paid or delivered to the Trustee, in connection
2
*** OR 5030 PG 3396 *** 1 6 A
1
with any interest so acquired from such Trustee; or(d) obliged or privileged to inquire into
any of the provisions of this Trust Agreement. Every deed, mortgage, lease or other
instrument executed by the Trustee in relation to the trust property shall be conclusive
evidence in favor of every person claiming any right, title or interest under the Trust (a)
that at the time of its delivery the Trust created under this Agreement was in full force and
effect; (b) that such instrument was executed in accordance with the terms and conditions
of this Agreement and all its amendments, if any, and is binding upon all beneficiaries
under it; (c) that the Trustee was duly authorized and empowered to execute and deliver
every such instrument; and (d) if a conveyance has been made to a successor or
successors in trust, that such successor or successors have been appointed properly and
are vested fully with all the title, estate, rights, powers, duties and obligations of its, his or
their predecessor in trust."
lo. This Affidavit is being given as an inducement to NANCY PERRY, as Trustee of the
Nancy Perry Revocable Trust dated June 20, 2002, as amended on March 3, 2008, to
close on the purchase of the Pro.- L. • .nduce CONROY, CONROY & DURANT,
P.A. to act as Closing Agen • 1 -- J- . OLD REPUBLIC NATIONAL TITLE
INSURANCE COMPANY • --•r - title insura la). itment and policy with respect to
said Property, and to i .• : he foregoing title a. -n s to disburse any funds held as
Escrow/Settlement Ag: t. --�
FURTHER AFFIANT SAYET N•
(� r
lJ IP '
�~ ,�II l �/,,
Ken -+ - oh !on
STATE OF FLORIDA 'f IF
COUNTY OF COLLIER
SWORN TO, SUBSCRIBED AND ACKNOWLEDGED before me this as day of April,
2014 by KENNETH R. JOHNSON, who is personally known to me or who has produced
(type of identification)as identification.
V
�ry Public
Print Name: Y j1-'e9./n C. Ve lr)6%
State of Florida at Large
My Commission Expires: \p• lk1/4, �-
(Notary Seal)
. � . KAAtl1 Q MOM l
\. Wary Mee•=IIb d FbrMs
w Cenre.Eilpft Od 14,2017 �
Caw. oe f Pc 034741
L MN
�OMIII Mora licury Atari
3
_ >0,-,/t k H- "B.'" 16 A 1
7EY SKETCH OF BOUNDARY SURVEY THE LINES ON THIS SKETCH DO NOT CONSTITUTE E
°ENCE CONSTRUCTION NOTES THE INTENT OF THIS SURVEY IS FOR TITLE TRANS
,ONSTRUCTION COPYRIGHT 2014' FL,A. SURV
3E-SIGN a . 1 -Co of TRACT GC1 PAGE I A OF
lED BY CLIENT L ki C.at:ALA.(M'\c.Na. (GOLF COURSE, LAKE MAINTENANCE, SEE REVERSE SIDE FOR PAGE
' ADDRESS: ACCESS AND DRAINAGE EASEMENT)
_NSINGTON HIGH STREET
FLORIDA _ • ECU--- PUB - EXCLUDED
- PUB - INCLUDED PORTION OF PORTION OF LOT
- LOT NE'L Y CORNER OF LOT 3 .�7R�/8, (,�) 4-NE'L Y CORNER
'Y - #LB 6589 OF LOT 4
1 FIR 5/: ------ -'--- FIR 5/8' ea) \
I ` #LB 658- IR 5 - #LB 6589
,/ r / \
•
I 10' LAKE/MAINTENENCE, _` -� (I�, / / \ '
ACCESS AND DRAINAGE (7) / \•
1 EASEMENT / / \
\
1 INCLUDED 54.- 10,6' •I PART OF / \N
• LOT 3 q� � \o
2 / BLOCK C ENED POOL \O
SCAL•
:K C 1 . / ENCLOSURE ^ \o
-1 \ z
/ REMAINDER / \� LOT 5
12.0' 6,5
11 BLOCK C 01 b. n 1,8- \ _. BLOCK C
t3\
11 t� POOL / PORCH 21.0'Ri • A \\o
o
EQUIP v / 17.9' 31' vi \
<j. (b l� SINGLE STORY \
11 •�1 \v. /v #5110 IDENCE A/C
N \�
�O IN
I oN ti 83 2.0' `). J EXCLUDED \
11 - :16.8' 6.3', kb r\ a PORTION OF\.
III I / i�17,9- e c ^ BLOCK C \\
/ ' 4' W o e11 • __ -
w o °
/ _ / ti Z V.....
......_
/ ti Q
RfGHT OF wq _ �� rL w
FIR'5/8' / PAVERS ~ �' •
#LB 658' GTE TRAN DRIVE
. � `�
( . k rk
PAlir, TVR 8.2'1,Ja, 8.p-