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Agenda 09/13/2016 R Item #17C 1 7.0 09/13/2016 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20150001568, to disclaim, renounce and vacate the County and the public interest in the drainage easement, recorded in Official Record Book 3894, pages 780 through 781 of the public records of Collier County,Florida,located in Section 22,Township 48 South,Range 27 East, Collier County,Florida. OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in the drainage easement recorded in Official Record Book 3894, pages 780 through 781 of the public records of Collier County,Florida, located in Section 22,Township 48 South, Range 27 East, Collier County, Florida, being more specifically shown in Exhibit A, and to approve the attached Termination of the Drainage Easement and Maintenance Agreement. CONSIDERATIONS: Petition VAC-PL20150001568 has been received by the Development Review Division, Growth Management Department, from Publix Super Markets, Inc., and Cypress Commercial Development, LLC, as owners of the property, to vacate the drainage easement recorded in Official Record Book 3894, pages 780 through 781 of the public records of Collier County, Florida, located in Section 22,Township 48 South,Range 27 East, Collier County, Florida. The public benefit is that the surrounding neighborhood will benefit from the new proposed shopping center which will create new storm water drainage and retention areas elsewhere on the site. This will have no public detriment and will not adversely affect stormwater drainage and retention because a sufficient replacement easement will be provided to the County by the Neighborhood Shoppes at Orangetree Replat, (FP-PL20150001570) which will be brought to the Board of County Commissioners (Board) for approval at the same meeting as this request. The Development Review Division has reviewed this petition and found no reason for objection. The petitioner will submit a separate construction plan application at a later date for the new drainage facilities that will be installed in the replacement easement. The easement was granted by Roberto Bollt, Trustee of Land Trust Agreement Recorded in O.R. Book 1347,Page 2331, to the County and Valencia Lakes at Orangetree Home Owner's Association (HOA) as part of a Drainage Easement and Maintenance Agreement in OR Book 3894, page 780. Roberto Bollt, Trustee, has subsequently sold the underlying real property to Publix Super Markets, Inc., and Cypress Commercial Development, LLC. The purpose of the agreement was to assist with off-site drainage for Valencia Lakes. The parties to the Agreement (County, Valencia Lakes at Orangetree HOA, and Publix Super Markets, as successor owner to Roberto Bollt, Trustee) must sign the attached Agreement to Terminate, in addition to the proposed vacation. The Agreement will not be necessary once the Board approves the vacation, because the County will have a new easement on the Neighborhood Shoppes at Orangetree Replat if the plat is approved. The applicant has provided a separate replacement easement to Valencia Lakes HOA, a copy of which is attached hereto. Letters of no objection from abutting property owners have been received from all who responded and letters of no objection were also received from FP&L, Comcast, Century Link and the Valencia Lakes at Packet Pg. 3549 1 7.0 09/13/2016 Orangetree Homeowners Association. FISCAL IMPACT: Staff has collected a $2,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: Pursuant to Resolution 2013-166 and Florida Statutes Sections 125.01 and 125.37, the Board may adopt resolutions to extinguish, vacate, abandon, discontinue, and close any easements, or any portion thereof, granted to the County or public by any instrument recorded in the public records of Collier County and to renounce and disclaim any right of the County and the public in and to any land in connection therewith; when such interest is granted to the County or public by any instrument recorded in the public records other than on a subdivision plat, when the following criteria are met: 1. Public benefit is established or no public detriment is established. 2. The Petitioner owns the fee simple title to the whole or that part of the parcel on which a public or County dedicated easement is sought to be extinguished. This item has been approved as to form and legality and requires a majority vote for Board approval. - SAS RECOMMENDATION: 1) To approve the attached Resolution, relating to Petition VAC-PL20150001568, which will vacate the County and the public interest in the drainage easement recorded in Official Record Book 3894, pages 780 through 781 of the public records of Collier County, Florida, located in Section 22, Township 48 South, Range 27 East, Collier County,Florida,being more specifically shown in Exhibit A, 2) To approve the attached Termination of Drainage Easement and Maintenance Agreement, and 3) To direct the Clerk of Courts to record a certified copy of the Resolution and Termination of Drainage Easement and Maintenance Agreement in the public records of Collier County,Florida. Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division, Growth Management Department ATTACHMENT(S) 1. Resolution initialed by SAS -071816 (PDF) 2. Termination of DrainageEasement and Maintenance Easement Agreement (PDF) 3.Proposed Neighborhood Shoppes Tract 2 Replat (PDF) 4. Drainage and Maintenance Agreement OR 3894 page 780 (PDF) 5. Letters of No Objection (PDF) 6.Recorded Private Easement agreement to Valencia Lakes HOA OR5247pg379 (PDF) 7. Legal Ad-Agenda ID 16370000 (PDF) Packet Pg. 3550 17.0 09/13/2016 COLLIER COUNTY Board of County Commissioners Item Number: 17.0 Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20150001568, to disclaim, renounce and vacate the County and the public interest in the drainage easement, recorded in Official Record Book 3894, pages 780 through 781 of the public records of Collier County, Florida, located in Section 22, Township 48 South, Range 27 East, Collier County, Florida. Meeting Date: 09/13/2016 Prepared by: Title: County Surveyor—Growth Management Development Review Name: Marcus Berman 07/21/2016 10:40 AM Submitted by: Title: Project Manager, Principal—Growth Management Department Name: Matthew McLean 07/21/2016 10:40 AM Approved By: Review: Growth Management Development Review John Houldsworth Level 1 Sim.Reviewer 1-8Completed Growth Management Department Judy Puig Level 1 Division Reviewer Completed 07/27/2016 2:02 PM Growth Management Department Matthew McLean Level 1 Sim.Reviewer 1-8 Completed 08/02/2016 3:52 PM Capital Project Planning,Impact Fees,and Program Management Gerald Kurtz Level 1 Sim.Reviewer 1-8Completed Growth Management Department Judy Puig Level 2 Division Reviewer Skipped 07/27/2016 2:03 PM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 08/08/2016 11:40 AM Growth Management Department James French Level 2 Add Division Reviewer Completed 08/15/2016 11:45 AM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/16/2016 4:46 PM Growth Management Department Judy Puig Level 3 Division Reviewer Skipped 07/27/2016 2:03 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/17/2016 8:06 AM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 08/17/2016 9:36 AM Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 08/22/2016 10:46 AM Growth Management Department Judy Puig Level 4 Division Reviewer Skipped 07/27/2016 2:03 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/27/2016 9:17 AM Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM Packet Pg. 3551 17.C.a RESOLUTION NO. 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THE DRAINAGE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 3894, PAGES 780 THROUGH 781 OF THE PUBLIC 0 RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY,FLORIDA. (PETITION VAC-PL20150001568) CLCL0 WHEREAS, pursuant to Resolution 2013-166, Petitioner, Publix Super Markets. Inc., as owner of the property, has requested the vacation of the County and the Public interest in the drainage easement recorded in Official Record Book 3894, pages 780 2 through 781 of the public records of Collier County, Florida, located in Section 22, Township 48 South, Range 27 East, Collier County, Florida, being more specifically shown in Exhibit A, attached hereto: and z ti WHEREAS, the Board of County Commissioners, on this day, held a public0,5 hearing to consider the petitioner's request and notice of said public hearing was given as required by law. ti NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA, that the County and public < I cn interest in the drainage easement recorded in Official Record Book 3894, pages 780 through 781 of the public records of Collier County, Florida, located in Section 22, Township 48 South, Range 27 East, Collier County, Florida, being more specifically shown in Exhibit A, is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the public interest and for the public benefit. o BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of the Resolution in the Public Records of the public records of Collier County, Florida. a) E THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this the day of , 2016. I of 2 Packet Pg. 3552 17.C.a ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and legality: By: 0 Scott A. Stone Assistant County Attorney -0 0 0 Attachments: 1) Exhibit A, 2) Location-Site Map cs) 15-EIS-03050 0,) co co (f) Cl) a) F-7 E) to) cE.) 2 of 2 172 Packet Pg. 3553 17.C.a RHODES&RHODES LAND SURVEYING, INC JOHN SCOTT RHODES;P.S.112 THOMAS E RHODES,P.SM PHONE(939)409-8165 FAX(239)05-8163 EXHIBIT "A" PROPERTY DESCRIPTION DRAINAGE EASEMENT A PARCEL OF LAND LOCATED WITHIN SECTIONS 22 AND 27,TOWNSHIP 48 SOUTH,RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 8,BLOCK"C".VALENCIA LAKES-PHASE 3-A, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 37 AT PAGES 93 THROUGH 97 (INCLUSIVE) OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 01°5049" WEST, A DISTANCE OF 57.31 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF RANDALL BOULEVARD; THENCE NORTH 88°09'11" WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE,A DISTANCE OF 1,920.97 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;THENCE NORTH 88°09'11" WEST,A DISTANCE OF 15.00 FEET; THENCE NORTH 0105142" EAST,A DISTANCE OF 10.64 FEET TO A POINT ON A NON-TANGENTIAL CURVE;THENCE WESTERLY,10.55 FEET ALONG 51) THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 15.00 FEET, THROUGH A CENTRAL ANGLE OF 40°1820" AND BEING SUBTENDED BY A CHORD 0 WHICH BEARS SOUTH 82°0052" WEST, 10.34 FEET TO A POINT ON A NON-TANGENTIAL CURVE; THENCE WESTERLY, 145.00 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY,HAVING A RADIUS OF 354.18 FEET,THROUGH A CENTRAL ANGLE OF 23°27'23"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 89°06'07"WEST, 143.99 FEET TO A POINT OF REVERSE CURVATURE;THENCE NORTIIWESTERLY,39.90 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE NORTHEASTERLY,HAVING A RADIUS OF 15.00 FEET,THROUGH A CENTRAL ANGLE OF 15202455"AND BEING SUBTENDED BY A •E CHORD WHICH BEARS NORTH 24°37'21" WEST, 29.13 FEET TO A POINT OF TANGENCY; THENCE NORTH 51°3506"EAST,A DISTANCE OF 196.54 FEET TO A POINT OF CURVATURE; THENCE EASTERLY, 18.40 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY,HAVING A RADIUS OF 15.00 FEET,THROUGH A CENTRAL ANGLE OF 70°16'36" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 86°43'24"EAST,17.27 FEET TO A NON-TANGENTIAL LINE;THENCE NORTH 01°5142"EAST,A DISTANCE OF 642.05 FEET TO A POINT ON A NON-TANGENTIAL CURVE;THENCE WESTERLY,4.61 FEET ALONG THE ARC CD OF A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 12.00 FEET, co THROUGH A CENTRAL ANGLE OF 22°0134"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 80°51'02" WEST, 4.58 FEET TO A POINT OF TANGENCY; THENCE NORTH co 88°08'11" WEST, A DISTANCE OF 54.89 FEET TO A POINT OF CURVATURE; THENCE co< NORTHWESTERLY, 27.14 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 12.00 FEET, THROUGH A CENTRAL ANGLE OF -0 129°3544" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 23°20'19" WEST, a) Ta 21.72 FEET TO A POINT OF REVERSE CURVATURE;THENCE NORTHEASTERLY,87.34 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE NORTHWESTERLY,HAVING A RADIUS •c- OF 2,976.79 FEET,THROUGH A CENTRAL ANGLE OF 01°4052"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 40°37'07" EAST, 87.33 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY, 15.52 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY,HAVING A RADIUS OF 12.00 FEET,TIIROUGH A CENTRAL ANGLE cc OF 74°06'29"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 76°49'55"EAST, 14.46 FEET TO A NON-TANGENTIAL LINE;THENCE NORTH 01°51'42"EAST,A DISTANCE OF 45.70 FEET TO A POINT ON A NON-TANGENTIAL CURVE; THENCE NORTHEASTERLY,25.09 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE NORTHWESTERLY,HAVING A RADIUS OF 2,957.79 FEET, THROUGH A CENTRAL ANGLE OF 00°29'10" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 38°3442" EAST, 25.09 FEET TO A NON- TANGENTIAL LINE; THENCE SOUTH 01°5142" WEST.A DISTANCE OF 959.62 FEET TO THE POINT OF BEGINNING. CONTAINING 33,731 SQUARE FEET OR 0.774 ACRES,MORE OR LESS. SUBJECT TO EASEMENTS,RESTRICTIONS AND/OR RESERVATIONS OF RECORD. BEARINGS ARE BASED ON THE NORTHERLY RIGHT-OF-WAY LINE OF RANDALI... BOULEVARD,AS BEING N.88°0911 W.(ASSUMED). Z:\VALENCIA LAKES\NEIGHBORHOOD SITOPS\replat\03-35de(6-26-15).docx Page 1 of 2 Packet Pg.3554 GSge"Bd 40313ed ,n I c. , rs2,;II', , _ Csj L.,,..,... }. C. f" r --,r '-• CO v, 4 = '2 0 ..,., .1... -. X d H __ k:7,. 0 fl LLI CZ .--, ,-,-• •C44 ici''.... 5 \ •—. 4 -L I I.• 6'''` ‘L-I 6 ...... ,- -- - C) , Fl. ;;•,-1 1,, ,,,,./,, "'- / ,..../ L., : .7. , ....,,, ,......., ,_ ,.., / „,.. ,..-,„ ‘,-, ,, ,,.,,,;CZ •T'..- CD ‘4 `•-•-•,. uc = <I: •Cc/.Z. •-,• ,-.ii '• E-• C.;,,..., • 4S•:- < W.. ---' ,... 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Shutts&Bowen LLP a) 200 East Broward Boulevard (- Suite 2100 0 Ft.Lauderdale,Florida 33301 07 (SPACE ABOVE THIS LINE FOR RECORDING DATA] O TERMINATION OF DRAINAGE EASEMENT AND MAINTENANCE AGREEMENT z THIS TERMINATION OF DRAINAGE EASEMENT AND MAINTENANCE AGREEMENT (hereinafter the "Termination Agreement') is made this day of , 20 , between PUBLIX SUPER MARKETS, INC., a Florida corporation as Grantor, whose address is 3300 Publix Corporate Parkway, Lakeland, Florida 33811 (hereinafter "Publix") and VALENCIA LAKES AT ORANGETREE HOMEOWNERS' ASSOCIATION, INC., a Florida corporation, as Grantee, whose post office address is 13100 West Links Terrace, Fort Myers, Florida 33913 (hereinafter "Valencia Lakes HOA") and COLLIER COUNTY, Florida, as Grantee, whose address is 3299 Tamiami Trail East, Naples, Florida (hereinafter "Collier County"), collectively the "Parties" to this Drainage Agreement. 0 WHEREAS, the Parties are parties to, or are bound by, that certain Drainage Easement and Maintenance Agreement dated July 11, 2005, recorded September 20, 2005, in Official Records Book 3894, Page 780, of the Public Records of Collier County, Florida (the "Existing Drainage Easement"), and encumbering that certain tract of land owned by Publix (hereinafter the "Existing Easement Property") described in Exhibit "A" attached hereto and made a part hereof; andcts WHEREAS, on , 2016, Collier County adopted Resolution 2016- ,which disclaimed, renounced and vacated the County and Public interest in the easement described in Exhibit A; and WHEREAS, the Parties desire to reflect the termination of the Existing o Drainage Easement. E NOW, THEREFORE, it is agreed as follows: 1. The Parties confirm that the Existing Drainage Easement has been terminated, discharged and extinguished in all respects and no longer affects or encumbers the Existing Easement Property. Q FTLDOCS 6905326 1 5/5/16 1 (CA,(1 Packet Pg. 3557 17.C.b IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals this day and year first written above. Signed, sealed and delivered Grantor: In our presence: PUBLIX PER MARKETS, INC., O a Florida rporation 1 a ---- o Witness one: -- -� rrJEFFR" ' CHAMBERLAIN g C-C!-( c L G'C T� � Tice President, Real Estate o Print. Name: Alyson Richards Witness twetrl M ( La( -- `}' )j Print Name: Ana Smiley STATE OF FLORIDA E COUNTY OF Wit;i I( w The foregoing instrument was acknowledged before me this /&'44 day of ca , 20 1L, by Jeffrey Chamberlain, as Vice President, Real Estate of Publix Super Markets, Inc., a Florida corporation who is personally known to me. 2 co Signature of Notary Public Michelle Thomason My Commission Expires: u c MICHELLE THOMASON #' ` j� * MY COMMISSION 4 EE 196472 41EXPIRES:Joe 3. S 16 0 Cu E L d r.+ co G U Cu F"C1.DOCS G905326 1 Packet Pg. 3558 17.C.b Grantee (s): 71; VALENCIA LAKES AT ORANGETREE HOMEOWNERS' ASSOCIATION, INC. 0 7; Witness one: // By: //)11.---::- (t) 0. Print: (-). \ Title: co -cs Print Name: Cilr,.51-,1,0 Ot(4 0 Witness two: 1" , (,) Print Name: \‘, \‘; ) CD 4.d E STATE OF FLORIDA ct) COUNTY OF E The foregoing instrument was acknowledged before me this c7:/ day of 1`\\I , 20 IC;, by Pr',0,1, N v\i(=,;1Z as PRE r; De.S: 1- of (3) VALENCIA LAKES AT ORANGETREE HOMEOWNERS' ASSOCIATION, INC., who is w personally known to me, or who ( ) presented as 0.) identification. 2 COURTNEY L GOURD E pc;:w Notary Public-State at Florida •s; My Comm Expires Jan 16,2017 Signature of Notary Public commkssion#EE 865696 , My Commission Expires: cv c. Z.0 FTLDOCS 6905326 1 3 Packet Pg. 3559 17.C.b ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: 0 DONNA FIALA, CHAIRMAN COLLIER COUNTY, FLORIDA O° Approved as to form and legality: 5/6t.0lo to Scott A. Stone Assistant Collier County Attorney E a) E a) v R W N U N C 2 C iC C N E d N Ca W O cB ca C 9- O C O C E C) .pa C G) E r U ct) w FTI.DOCS 6905326 1 4 5/5/16 Packet Pg. 3560 17.C.b JOINDER TO TERMINATION OF DRAINAGE EASEMENT AND MAINTENANCE AGREEMENT 8 (Cypress Commercial Development, LLC) O The undersigned, Cypress Commercial Development, LLC, a Florida limited liability company, as owner of a portion of the "Existing Easement Property" a described in the Termination of Drainage Easement and Maintenance Agreement o ("Termination") to which this Joinder is attached, hereby joins in the Termination cn for the purpose of consenting to and confirming the termination, discharge and °a extinguishment of the "Existing Drainage Easement" and the release of the o Existing Easement Property therefrom. 0 0 IN WITNESS WHEREOF, the undersigned has hereunto set its hand and z seal this day and year first written above. ci ,-- CYPRESS CYPRESS COMMERCIAL DEVELOPMENT, LLC, a Florida limited liability company E i cn Witness one• BY ,€` - m it:- D .1 Print�� t+�' 0 Title: A(314 (1 04407L ill Print Name: \L.L refs.� , LX e CD CO ,^ i(A ----' Witness w ` _ ./r ct �)f " �_j— E ' Of i 0 Print Name: r--1'))W\CA � (- c w E STATE OF FLORIDA a) w COUNTY OF c The foregoing instrument was acknowledged before me this C4 day of o 2016, by 'MD LA -(" as V _.,. !t a •f c CYPRESS COMMERCIAL DEVELOPMENT, LLC, a Florida limited liability company, — _ on behalf of the company, who is (( personally known to me, e ho-(� c p senteU i le- k-ti on. H 4.' C cu ,o;*w°•, !MEALY PEItGE 110Ati?N LLtAAAVa ,f E a 1 E _i ..,M ;: . MY COMMON#FF 963569 r w;4,', EMS:Jur*23,2ol9 Signature of otary Public U 0 'f1;R,;;?::::' Booded11nt Notary Public Underveftms My Commission Expires: e , VFLDOCS 6905326 1 CO 5/5/16 Packet Pg. 3561 17.C.t) EXHIBIT "A" LEGAL DESCRIPTION OF EXISTING DRAINAGE EASEMENT A rAR.ciii. 3) :,\ND ICATED SECIIONI": 22 AN1) 27,1 O' c SOLTIE RANGE0 27 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: cf) a) C(.1),,E,,'IFLNCE AT THE SOUTHEAST CORNER OE LoT "C",VALENCIA LAKES-PHASE 3-A„ACCORDING '10 THE PEAT THEREOF RECORDED IN PLA"I BOOK, 37 Al PAGES 93 0 THROUGH 97 (INCLUSIVE) OF TEL PUBLIC RECORDS OF COLLIBR COUNTY, FLORIDA: V) HENCE SOU'I'I 01'50'49 V.„'ES A.NCE 01 57.:31 FEET TO A POINT ON 'I-HE NORTHERLY RIGHT-OE-WA Y OE RA Ni ALI„ BOULEVARD; TI BINGE NORTI1 S'i<"09'11- 0 ALONG SAID NoRTi LER, y 10031-1,(„0 AS AS' LIRE, A DISTANCE (OF I 920.97 FEET To 111E POINT OF BEGINNING OF THE. 11t RITD,' DESCRIBED PARCEL, 'cilLNCE HOP IH S (F) \VEST. A. DISTANCE OF FEET„ THENCE NORTH CH'51'42" EAST. .1", D1sTANcL )1, 10.64 FEE l 10 A POINT ON A NON-TANGENTIAL CURVE, Tr fENCE WI„STERI `C. 3005 FE10 ALONG THE ARC OF A CIRCULAR CI JR VE. CONCAVE NORTHERLY, HAVING A RADIUS OF 1000 *(17 FEET, TuRouGH, A CENTRAL ANGLE OF 40"1520" AND BEING SUBTENDED I"" Sc CHORD WHICH BEARS SOUTH 32'0052" WEST. 10.34 FEET TO A POINT ON Sc NON-TANGENTIAL rs- CURVE: THENCE WESTERLY, 145.00 FEET ALONG THE ARC OF A CIRCUI AR CURVE, c,) CONCAVE SOI;THERLY. HAVING A RADIUS OF .35,1.1i';. FEET, THROUGH A CEN I IANGLE, 23'027'," AND BEING S1 1 N DEAD BY CHORD WHICH BEARS NORTH 89'06`I)7" WES71. 143.99 FEET TO A POINT OF REVERSE CURVATURE: TIFENCENORIHWESTERLY, 39.90 FEET ALONG'FIT! ARC OF A CIRCULAR CURVE,C'ONCA V E NORTHEASTERLY, HAVING A RADIUS OE 15,0I) PEET, THROUGH A CENTRAL ANGLE OF 152'24'55" AND BEING SUBTENDED By A a) CHORD WHICH BEARS NORTH 24-3721" WEST, 20.13 FEET TO A POINT OF TANGENCY; IHLH(" NORTII 51'35'06" EAST, A DISTANCE OF' 196.54 FEET TO A PoINT OF Cl THENCE EASTERLY, 1,8.40 FEET ALONG THE ARC OE A CIRCULAR CURVE, CONCAVE 5011T1'IERLY.HAVING A IIADI IS OF iS 00 FELT,THROUGH Sc CENTRAL ANGLE OF 70'1636" AND BEING SUBTENDED BY A CHORD WI I1C1,1 BEARS NORTH 860324" EAST, 17.27 FEET TO a) A NON-TANGENTIAl. LINE: THENCE NORT11 0 '5142" EAST.A DISTANCE OF 642.95 FEET TO a) A POINT ON A NON-TANGENTIAL CURVE; THENCE" WESTERLY, 4,61 FEET ALONG THE ARC OE A C'ERCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 12,00 FEET, W ITIRr'UGH A CENIRAL ANGLE OE 22'01'3,1" ;AND BEING SUBTENDE,'D ES A CIIORD WHICH a) BEARS S01.7T11 80'5102" WEST, 4.56 FEET TO A POINT OE TANGENCY, THENCE NORTH SI3'.1),"I V WEST, A DIST01C.7E or 54.89 FEET TC) A POINT OF CURVATURE; THENCE NOR,THWESTERLY, 2-7.14 FEET AT-0.NG "NIL ARC OF A (11 (11 SR CURVE, CONCAVE NOR"l'HEASTERLY, HAVING A RADIUS ,41-' 12.00 1EE1'. THROUGH A CENTRAL ANGLE OE 12.9".1,5'44 ANT) HI INI:13 SUBTENDED BY A CHORD 5171111 H BEARS NC)RTH 23'20'19" WEST, cts 21.72 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY, 87.34 FEET ALONG THE ARC OFA CIRCULAR CURVE,CONCAVE NORTIIV.TESTERLY.I fAVING A RADIUS 'ZS OF 2,970,79 FEET,THROUCili A CEN"InAL ANGLE OF 01'4052-AND BEING SUBTENDED BY A cti CHORD WHICH BEARS 'NORTH 40"3707" Of ;',,'7.33 FEET "TO A POINT OP REVERSE C'UR\'A'FURE: THENCE EASTERLY, 15.52 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADII IS OE 12.00 FEET, TliRo uGH A CENTRAL ANGI,E, E a) OE 74"06`29" AND BEING SUBTENDED BY A CI IORD WHICH BEARS NORTH 7604955" EAST, 14,46 FEET TO A NON-TANGENTIAL LINE; THENCE NORTH 015142" EAST,A DISTANCE or cts 45.7,0 FEET TO A POINT ON A Nil 1.1,A1, CURVE: -THENCE NORTH! ASFERLY, 25.09 FEET ALONG THE. ARC OF A CURL LTIAR CURVE-- CONCAVE NORTHWES'TERLY, HAVING .A tt3 RADIUS OE 2,957,79 FEET, THROUGH A CENTIum, !,,\G1 E OE 00"29'10" AND BEING SUBTENDED BY A CHOR1,) WHICH BEARS NORTH .7 442 EAS'I, 25,09 FEET 10 A N(DN- TANGENTIAL EINE:. THENI ODIJI 01'51'42" WEST, A DISTANCE Or 959.62 FEET "CO TIM PO/NIT OF BEGINNING, 46 Cir:YN.ITAINING 33,731 SQUARE FEET OR (,77.1 ACRES, MORE OR I,ESS. 0 CT'S SUI3Jr.c.1"1.0 EASEMENTS, RESTRICTIONS Sc ND'OR RESERVATIONS OE RECORD. 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Lc X35 / O O , / 14 zQ \ O ','1' dao L4W�� W�WeSW a 4 ¢i tf) iL!' j a'I'l_ehka `i a$a Wo • 2 U I) oll�� W :.�CCCOoe. _4 4 17.C.d THIS DOCUMENT PREPARED BY& o :; AFTER RECORDING RETURN TO: �' , ; d ESQUIREJAMES Et.SEAY, CA HOLLAND&KNIGHT LLPEXHISI r- 200 South Orange Avenue,Suite 2600 — -<`= Orlando,Florida 32801 P���—��� CJl 11 o 407-425-8500 --1 L___. tz —I T- a, [SPACE ABOVE THIS LINE FOR RECORDING DATA]------ — �--T,,--' Q am O DRAINAGE EASEMENT AND MAINTENANCE AGREEMENT c) `r' <- o (Easement Adjoining Lots) o 0 t L .. THIS DRAINAGE EASEMENT AND MAINTENANCE AGREEMENT 0 (hereinafter the "Drainage Agreement') is made this 11112- day of July, 2005 between rn E ROBERTO BOLLT, TRUSTEE OF--LAND TRUST AGREEMENT RECORDED IN z O.R. BOOK 1347, PAGE 23 , PUHLJC. RECORDS OF COLLIER COUNTY, o FLORIDA, as Grantor, wlie��e address is 3606Orange Grove Trail, Naples, Florida CD opo Ir.. 34120 (hereinafter "Bou t") and VALENCIA_' LAKES AT ORANGETREE o o a p HOMEOWNERS' ASSOCIAATION,INCA,a Florida Corporation, as Grantee, whose post to C- a office address is 13100 iWe ��Links :Terrace,\Fort Myers, Florida 33913 (hereinafter c, A`-. o .� "Valencia Lakes HOA" a CGL Florida, as Grantee, whose address cts W 4 1. CQ is 2800 N. Horseshob Drivee, Naples, Florid r(herkir after Cplher County"), collectively mi .4 the"Parties"to this!IYtaina Agreement y , ' I co 1=4 ,a o WHEREAS, Bolla,is the owner of t : certainnZtract of land located in Collier = IL, 10.. County, Florida (hereafter the "Easement Property ) described in Exhibit "A" comer "A \ r ' d c� o ,,.-, attached hereto and made''a pa ,;hereof; and -� ,,. c, o � � � ✓ o WHEREAS, Valencia I aloes- HOA ii a not-for-profit corporation organized 00; under the laws of the State of Florida, which pursuant to that certain Declaration of c 04 General Protective Covenants and Restrictions of Valencia Lakes HOA recorded in Y o Official Records Book 1310, Page 1536, Public Records of Collier County, Florida (the = "Declaration"), is required to maintain the storm water drainage and waterways located Ti within the properties described in Collier County parcel identification number c 00210440007 (the "Property"), and which properties include the property described in s the attached Exhibit"A"; and c a WHEREAS, Collier County is requiring that this Drainage Agreement be entered 8! a „ o into and recorded of record • to bind Bollt and Valencia Lakes HOA hereto; and a — Po04 d. � E V] 04 - -_ w °3` Ha H II 0 R a r ., WHEREAS, the Parties wish to establish their respective rights and e responsibilities relative to use and maintenance ofthe drainage and maintenance easement. FTLDOCS 5112700 1 1 7/8/05 Packet Pg. 3567 • OR: 3894 PG: 071. 17.C.d NOW,THEREFORE, it is agreed as follows: 1. Bollt, his successors, heirs, assigns and/or transferees, hereby grants a non- exclusive easement to Valencia Lakes HOA over and across the Easement Property a described in the attached Exhibit "A" for the purpose of storm water drainage and for the maintenance thereof; and to Collier County which shall have no responsibility for a maintenance thereof. o` wia 2. No buildings, structures, or impediments of any nature may be constructed, placeda. or permitted on, over or across the Easement Property, except for storm water drainage o purposes, without the consent of Collier County(which shall not be unreasonably withheld v for non-habitable structures described in the last sentence of this paragraph, below) and as o o may be permitted, in accordance with applicable law, by the agencies of Collier County and State and Federal governmental agencies. Subject to the limitations of the foregoing �° sentence, Bollt reserves unto himself, and his successors and assigns, the right to use the 07 Easement Property, and to construct; plaee, r permit, within the Easement Property, Z .o landscaping and irrigation faciltes )tnt v alWs) en , or other improvements, as may ti 0.0 be required by applicable I4codes and ordi \,including, without limitation, site plan approvals issued by,.go ernmental agencies \ 3. Valencia Lakes HOA shall bear the bole responsibility for and cost of the a) maintenance of the ) asenfe-ti` arIt ,,6 y;�i11 A i d lfut §t limited to regular maintenance Q as may be required l y a1 governrnentaf y avthg jurisdiction relative thereto. The MEasement Property sah '#mps eiiafined edbrIce with applicable code. tl , ,/ 04 0 ' r \ 1 ,, ) y 4. Collier County shah ave the right of acces`'�and,,use of the Easement Property for E the purpose of inspectingaid ainta ning same'llo ever, Collier County shall have no 2 obligation to maintain the EasententAlifopert t ` ' Q a, U a to a 5. All members of Valencia Lakes HOA whose lots abut the Easement Property c shall have the right to use thereof for the purpose of storm water drainage pursuant to the '� terms of the Declaration and governing ordinances, if any. -a a c0 a) rn 6. Intentionally Deleted. c a 7. This Drainage Agreement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the property a) included in the Declaration, and their successors and/or assigns, it being the intention of c the Parties that this Agreement shall be perpetual. co Q FTLDOCS 5112700 1 2 7/8/05 Packet Pg. 3568 011: 3894 PG: 07 17.C.d 8. It is acknowledged and agreed that the easements granted under this Drainage Agreement are not exclusive easements and shall not limit the rights of Bollt to the use and enjoyment of the Easement Property in a manner which is not inconsistent with the easement rights granted to herein. L Y Q� 0) 9. Nothing contained in this Drainage Agreement shall, in any way, be deemed to L constitute a gift of or dedication of any portion of the Easement Property to the general 0 public or for the benefit of the general public, it being the intention of the parties hereto 173. that this Drainage Agreement shall be limited to and utilized for the purposes expressed Q herein. sl 0 10. Valencia HOA (the "Indemnifying Party") will defend, indemnify and hold ther. other Parties harmless from and against any and all actions, causes of action, claims, .000 demands, liabilities, judgments, costs and expenses whatsoever [including, without cm limitation, attorneys' fees at trial nand-,app lIate,levels), arising out of or as a result of the z exercise or fulfillment by the I'nde,°n P tty ar.any individual or entity claiming by, N. through or under the Index_ i ng party, of the Ird rnmfying Party's rights or obligations 0 hereunder. \ .�° 'ti; < � 't CO 11. No Party shall permit (ari;c�,..,shalLDronptly satisfy or bond) any construction, �, mechanic's lien or other hien, eiia 4anc1 ,:agains\t the Easement Property, if such lien a s i ls} 4'r , . or encumbrance shah arse sin cbnnedtion v ttli th a ercercise l or fulfillment by such party (or any individual or entity.claitnthg y, through4.o r under such Party) of its rights or M obligations hereunder � i f ) 0 / - / 12. The easements`granted hereunder, or any{covefiant, restriction or undertaking E contained herein, may be°tekinated or amended, o`nry`by the recording of an appropriate E document in the Public Records, execute y.the Parties hereto or their respective successors and assigns. However, le-recordation of a plat of the Easement Property shall °; not, in the absence of an express recitation therein describing this Drainage Agreement c with the recording information and expressly providing for its termination or amendment, c terminate or amend this Drainage Agreement. .FS 2 13. No waiver of any breach of the provisions hereof shall be construed as, or R constitute, a waiver of any other breach, or a waiver, acquiescence in or consent to any as further or succeeding breach of the same. c .E 14. This Drainage Agreement shall be interpreted, construed and enforced in o accordance with the laws of the State of Florida. Nothing contained in this Drainage E Agreement shall be deemed or construed, either by the Parties hereto or by any third ._ party, to create the relationship of principal and agent or to create any partnership,joint as venture or other association between the Parties. e FTLDOCS 5112700 1 3 7/8/05 Packet Pg. 3569 . OR: 3894 PG: 07_ _17.C.d 15. In the event a Party brings suit to enforce any provision of this Drainage Agreement against another Party, the prevailing party shall be entitled to recover its costs and expenses (including, without limitation, reasonable attorneys' fees at trial and appellate levels). Ts) E IN WITNESS WHEREOF, Grantor and Grantee(s) have hereunto set their hands a� and seals this day and year first written above. a L 0 Signed, sealed and delivered Grantor: In our presence: Q. Q. /Witness , / o one: N ROB"TO BOL T,TRUSTEE o = 8- eoeiti�'ci n n not Name: a) a) Witnes tw ti co �° ' Print ame: ��ff Et '' co Ic. STATE OF FLORIDA ( 1 ���� I 3 r P i �- ' el COUNTY OF ett\''',.\.:...--L--/ ' • =; I °o \,,,,,, , , r Ex 11,1 0 The foregoing` n t ument was acknowl :dged before me this 11.—day of July, E' 2005, by Roberto Boll�t./... f o,is 06 personally',known to me, or who ( ) presented E N- as ide tifrrat o '2 rn U c RI c N Signature Notary Public •@ My Commission Expires: "0 C RS m CS) RI as L 0 ,�� ;y bµgERLY P.RETALUCK :; { MY COMMISSKNI t DD 212271 c 1:41.y..--.3-4.9 : ,., ,.: as ;y:���:; EXPIRES:June 28,2007 E '��osh�r BatdadThuNWetyP;licUnd S U RS Q FTLDOCS 5112700 1 4 7/8/05 Packet Pg. 3570 OR: 3894 PG: 07. 17.C.d Grantee(s): VALENCIA LAKES AT ORANGETREE HOMEOWNERS' ASSOCIATION, INC. 2 a is c --- L Wit, p,. BY: O .--I Pri . )5co-rr rsntaw TN t �� ca .o' Prim/ame: #✓ 6 Ccamis 0 s 13 O 0 Witness .0 0 CS) Print N c� 2 i a� ol CD STATE OF FLORIDA ;,,„,,L-,-' - � \ 0 COUNTY OF 'y;; � ��� ` _, \ \ a) T foregoin m5tru-e ''''' e.s' ' ` leO e b-ore me this day of c 3 v ?OOSb 1 ` `�} :. who is(� an co personally own to me' 0 44ib )-pr-esente i �. i,,,,,„; as identification. co \ t '--,a t 't c4 tr, 0 44\k � c \ aT ,,,,,i: ,:-:-,3 ,!:-., ( '''i p, -,,-,- 4 < 0 Signature of Notary Public My Commission Expires: c a) 76 a y. as 8 cc My Comm.Pao •r c c i September 2007: c Ts L s U R ..a . Q FTLDOCS 5112700 1 5 7/8/05 Packet Pg. 3571 OR: 3894 PG: 071 17.C.d ATTEST: DWIGHT E.BROCK, CLERK BOARD OF COUNTY C, ^n COMMISSIONERS OF COLLIER ', COUNTY,FLORIDA By ow.iik - �. By: 1 • o i • Fred W. Coyle, • I. .iI 0 S �, attift ms's COLLIER COUNTY,FLO' Ili a Approv-. as to form�d o legal sufficiency: Cl) j o (44 i (____________ 0 `o s Heidi F.Ash n ai Assistant County Attorney - z ' -- tJ , ' 01 � f j' / ..__......._.,•- \ o CO ,..' , S a) ,. 1 t a) Il 4 i Om ` ('f-,— �� \ {`� i ol \` \ t . ce ,--:„ �,,� r r' p k, „ t ,„,, r t•" ' g,Y CD E y L LI r f._ n C) C.) C VCSC C) Fs 2 C cc d a) f6 c L .p�C a) E 0 eaQ FTLDOCS 5112290 6 6 7/11/05 1 Packet Pg. 3572 OR: 3894 PG: 07 _ 17.C.d EXHIBIT "A" a) 0 7z1 0 Cf) 0 0 8 _c C) 01 IA, \ co / „/") , \ cts C2- •a• ,c I nil / co CL \ /tN4' / N I C.) \ -4-1, tfe t 0 as 0 C) as FTLDOCS 5112700 1 7 7/8/05 Packet Pg. 3573 OR: 3894 PG: 07 17.C.d RHODES &RHODES L 1VD SURVEYING, INC. JOHN SCOT T RHODES,P.S.M. THOMAS E.RHODES,P.S.M. 1440 RAIL HEAD BLVD.#1 NAPLES,FLORIDA 34110 PHONE(239)593-0570 FAX(239)593-0581 PROPERTY DESCRIPTION DRAINAGE EASEMENT 117 2 w A PARCEL OF LAND LOCATED WITHIN SECTIONS 22 AND 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: I, O COMMENCE AT THE SOUTHEAST CORNER OF LOT 8, BLOCK"C", VALENCIA LAKES - PHASE 3-A, w ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 37 AT PAGES 93 THROUGH 97 a (INCLUSIVE) OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH o 01°50'49" WEST, A DISTANCE OF 57.31 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY ig LINE OF RANDALL BOULEVARD; THENCE NORTH 88°09'11" WEST, ALONG SAID NORTHERLY o RIGHT-OF-WAY LINE, A DISTANCE OF 1,920.97 FEET TO THE POINT OF BEGINNING OF THE o HEREIN DESCRIBED PARCEL; THENCE NORTH 88°09'11" WEST, A DISTANCE OF 15.00 FEET; o THENCE NORTH 01°51'42" EAST, A DISTANCE OF 10.64 FEET TO A POINT ON A NON-TANGENTIAL s CURVE; THENCE WESTERLY, 10.55 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE rn NORTHERLY, HAVING A RADIUS OF 15.00 F - ,, r' :UGH A CENTRAL ANGLE OF 40°18'20" AND z BEING SUBTENDED BY A CHORD WH C ,E : `x:.."Al ;82°4)0'52" WEST, 10.34 FEET TO A POINT r, ON A NON-TANGENTIAL CURVE;,- C. WESTER, f 145 00 FEET ALONG THE ARC OF A 2 CIRCULAR CURVE, CONCAVE SOURLY, HAVING A RADIUS OF 354.18 FEET, THROUGH A =- CENTRAL ANGLE OF 23°27'23" 1ND BEING-SUBTENL!ED BY\A CHORD WHICH BEARS NORTH 2 89°06'07" WEST, 143.99 FEET TO,,;A I€ )Th yERS ``dIRVAT,URE; THENCE NORTHWESTERLY, � 39.90 FEET ALONG THE ARC OF A;'FC'I -CL �QiaK VE, NORTHEASTERLY, HAVING A RADIUS OF 15.00 FEET, THROUGH A I toFk152°2 155"1 AND BEING SUBTENDED BY A CHORD WHICH BEARS NOR' Y 24 3';I;�2 fl ESTJ 1.p FEET TO POINT OF TANGENCY;THENCE NORTH 51°35'06" EAST, A DISTANCE-OF T9654 FEE' T(" A'FQ1NT OF CURVATURE; THENCE c') EASTERLY, 18.40 FEET ALONG' ARC OF A CIRC ° ULAR VE, CONCAVE SOUTHERLY, O HAVING A RADIUS OF 15.00 F BT THROUGH A C GLE OF 70°16'36" AND BEING c SUBTENDED BY A CHORD WHIM" ARS NORTH 86°4, ;.FAST, 17.27 FEET TO A NON- E TANGENTIAL LINE; THENCE NORTH ry;1 47 EAST, A,ONS, CE OF 642.05 FEET TO A POINT ON a) A NON-TANGENTIAL CURVE; THENCE�� _ ESRT;EI LY l FEET ALONG THE ARC OF A CIRCULAR Q CURVE, CONCAVE NORTHERLY, HAVING-Al-RADIUS-OF 12.00 FEET, THROUGH A CENTRAL °, ANGLE OF 22°01'34" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 80°51'02"WEST, c 4.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 88°08'11" WEST, A DISTANCE OF 54.89 2 FEET TO A POINT OF CURVATURE;THENCE NORTHWESTERLY, 27.14 FEET ALONG THE ARC OF A c CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 12.00 FEET,THROUGH A 2 CENTRAL ANGLE OF 129°35'44" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH -p 23°20'19" WEST, 21.72 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY, g 87.34 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A & RADIUS OF 2,976.79 FEET, THROUGH A CENTRAL ANGLE OF 01°40'52" AND BEING SUBTENDED 2 BY A CHORD WHICH BEARS NORTH 40°37'07" EAST, 87.33 FEET TO A POINT OF REVERSE '� CURVATURE; THENCE EASTERLY, 15.52 FEET ALONG THE ARC OF A CIRCULAR CURVE, 0 CONCAVE SOUTHERLY, HAVING A RADIUS OF 12.00 FEET, THROUGH A CENTRAL ANGLE OF c 74°06'29" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 76°49'55" EAST, 14.46 FEET E TO A NON-TANGENTIAL LINE; THENCE NORTH 01°51'42" EAST, A DISTANCE OF 45.70 FEET TO A U POINT ON A NON-TANGENTIAL CURVE; THENCE NORTHEASTERLY, 25.09 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 2,957.79 FEET, THROUGH A CENTRAL ANGLE OF 00°29'10"AND BEING SUBTENDED BY A CHORD WHICH BEARS Z:\word-docs\LEGALS\LEGAL DESCRIPTIONS\orangetree\03-35de.doc Page 1 of 2 Packet Pg. 3574 OR: 3894 PG: 07 " 17.C.d RHODES &RHODES LAND SURVEYING, INC. JOHN SCOTT RHODES,P.S.M. THOMAS E.RHODES,P.S.M. 1440 RAIL HEAD BLVD.#1 NAPLES,FLORIDA 34110 PHONE(239)593-0570 FAX(239)593-0581 PROPERTY DESCRIPTION(CONTINUED) NORTH 38°34'42" EAST,25.09 FEET TO A NON-TANGENTIAL LINE; THENCE SOUTH 01°51'42"WEST, A DISTANCE OF 959.62 FEET TO THE POINT OF BEGINNING. o CONTAINING 33,731 SQUARE FEET OR 0.774 ACRES,MORE OR LESS. a a SUBJECT TO EASEMENTS, RESTRICTIONS AND/OR RESERVATIONS OF RECORD. 2 BEARINGS ARE BASED ON THE NORTHERLY RIGHT-OF-WAY LINE OF RANDALL BOULEVARD, AS BEING N. 88°09'11 W. (ASSUMED). .C) z RHODES&RHODES LAND SURVEYTh9,INC. FLORIDA BUSINESS AUTHORIZATIOAJ`fi1O:-1.11.6897 , may/ co t fr Sim P ( u,. ^-^rv.,,., . CO Thomas E. Rhodes. Sr. ' ate, Professional Surveyor and Mapper O State of Florida,License Number 5854'.2:1;:i r NOT VALID WITHOUT THE SIGNATUREID THE ORIGINAL RAISED SEAL OF A FL3IIDAi a LICENSED SURVEYOR AND MAPPER ^__ U R&R FILE NO. 2003-35DE DATE: 08/10/2005❑ CC 2 a CC v a) CC c CC i-. a CC, E .0 U Z:\word-docs\LEGALS\LEGAL DESCRIPTIONS\orangetree\03-35de.doc Page 2 of 2 Packet Pg. 3575 *** OR; 3894 PG; 07"l7:c.d W l a m O Nr.-1 a. 00 O N O N O WFy ti O o II = a !r H ai g ui:. O x -0 tr W U 0< 0 0 QH - N V rl W W 2 2 CS ¢ Co F-- w O' j v. w ti J ¢ . CO� m O o Q p d CJ En J I di. LL Ih ill o a V cJ IR 0 ���m --- r U a *I E a VI b4 0 . o --- W `'w - W Z CC CO rj .c2 S w� O 2 U_ '0 n. FZ k�J O ww c)0 OE C w CJ d � Z co Z D Ri I „\� ',/ T ' L. ' . I , v 1/ _"{ 0 co ig'--.' ` � to!r /3-,.--.1 \I ' aa� ! { V � CO \I7St `-•'� Y. : k W � tzW`� it` :11:11111: =Z 2 a CO w J yla sILiL!.,0.',." O W ^� W BilR -.=•t a$agc� N ::.,, ;..., _ �Tv� ::11.1111:1good8 U ` masa rc C a 0.3 c J 80018::EG: v pp ro 0 77340 -Aim 0 As :::L£..4 M.KES - PFS£5 0 FLA"BOOK___ P..T__ C 0 12) 0.1 E 61' cJ C'J Cs4 u xu r ur scut LI-AM-17 w .n.w.,scum 2,-7.1,--,.—..— t ..—. ^ OA/.00',) o. Ctla.3T.;0 77Wifel e Packet Pg.3576 ooIIWIZAL£i coovoi/B'mow'8^'P rPSC-CooOUela-V-cSLY'ld asv3tluJNUJ\U.'VU m,I aUVJV\ (aaagatueJo to saddogS poogiogy6laN : L£96} uoatoa(q® oN Jo ssa;}a-g :}uawgoet.v a N- U N: a Y w Y V July 22,2015 a. Mr.Jigs Silang Century Link Sent via Email noel.silang@centurylink.com Re:Termination/Replacement for Drainage Easement on Neighborhood Shoppes @ Orangetree Mr.Silang, I represent the contract purchaser of certain real property located in Collier County, Florida known as Neighborhood Shoppes at Orangetree.We are in the process of seeking a resolution from Collier County to vacate and replace a drainage easement, recorded in Collier County official records Book 3894, Pages 780-789. In order to accommodate the development, we will need to modify the existing drainage easement area. This will not affect stormwater drainage and retention as we are creating new stormwater ponds elsewhere on the site. Collier County will agree to vacate and replace the drainage easement, if we receive letters of no objection from all abutting property owners and the homeowner's association. I've attached a redlined version of the existing drainage easement document. These are the modifications that we are proposing to make for the new drainage easement, including the HOA will no longer be responsible for the cost and maintenance of the drainage easement area. I've also attached a legal description of both the existing drainage easement and the proposed drainage easement. If you have any questions or require additional information, please contact me. Otherwise, please evidence your `no objection' to the proposed vacation by signing at the space provided below and returning a copy of this letter to our office at your earliest convenience. Please return via mail or email to: Emily Brown, Maury L.Carter&Assoc.Inc.,3333 S Orange Ave.Ste, 200 Orlando, FL 32806. Sincerely, Emily Brown, Project Manager ebrown(Dmaurvcarter.com 407-581-6202 3� 7/24/2015 Signature Date Shelley Boyce Printed Name tf } (aaiia6ueiO;e saddogs poogJogq6laN : Legi,) uogoafgO oN fo saga;a- :tuawgoetty co a> ti U 'n tia f� ch o_ as C.) fa n. July 22,2015 Mr. Mark Cook Comcast Sent via Email mark_cook@cable.comcast.com Re:Termination/Replacement for Drainage Easement on Neighborhood Shoppes @ Orangetree Mr. Cook, I represent the contract purchaser of certain real property located in Collier County, Florida known as Neighborhood Shoppes at Orangetree.We are in the process of seeking a resolution from Collier County to vacate and replace a drainage easement,recorded in Collier County official records Book 3894, Pages 780-789. In order to accommodate the development, we will need to modify the existing drainage easement area. This will not affect stormwater drainage and retention as we are creating new stormwater ponds elsewhere on the site. Collier County will agree to vacate and replace the drainage easement, if we receive letters of no objection from all abutting property owners and the homeowner's association. I've attached a redlined version of the existing drainage easement document. These are the modifications that we are proposing to make for the new drainage easement, including the HOA will no longer be responsible for the cost and maintenance of the drainage easement area. I've also attached a legal description of both the existing drainage easement and the proposed drainage easement. If you have any questions or require additional information, please contact me. Otherwise, please evidence your 'no objection' to the proposed vacation by signing at the space provided below and returning a copy of this letter to our office at your earliest convenience. Please return via mail or email to:Emily Brown, Maury L.Carter&Assoc.Inc.,3333 S Orange Ave.Ste.200 Orlando, FL 32806. Sincerely, Emily Brown, Project Manager ebrown@maurycarter.com 407-581-6202 /1(74;,,4 7/2 11/// Signature Date Printed Name (( !1(' [;i j,t,` 1 !! Oda t, J s (L)} (14,, L; (ae.gafueio a saddogs poogJogq6EeN : LE96) uogoafq® oN}o sJa4;ai ti o1,F Gfj ,tip . i t, ;! M a Florida Power&Light Company,4105 15`"Ave.SW, Naples,FL 34116 Phone: 239-353-6070,Fax:239-353-6082 0. FPL May 11, 2015 Emily Brown Maury L. Carter & Associates 3333 South Orange Avenue. Suite 200 Orlando, Florida 32806 RE: Shoppes at Orangetree Plat Dear Emily Brown: FPL Company has reviewed the proposed plat vacation for the above mentioned project and has no objection. It is noted that FPL does have facilities within the right- of-way. It is understood that FPL Company may require additional electrical easements within the boundaries of this project to complete the installation of our facilities. Should you have any questions, please contact me at (239)353-6047 Respectfully, Troy Todd Technical Specialist II Florida Power& Light Co A NEXTera ENERGY Company (aaJ;a6ue.JO;e saddoys poogaoggBie : L£9b) uogoalgo oN;o siana-i :;uawgoe;nty c a) w U an ti M th a w a, VALENCIA LAKES AT ORANGE TREE HOA,INC. a. C/O Vision Association Management 11691 Gateway Blvd. Suite 203 Fort Myers, Florida 33913 July 21,2015 Emily Brown Maury L. Carter&Assoc. Inc. 3333 S Orange Ave. Ste. 200 Orlando,FL 32806 RE: Termination/Replacement for Drainage Easement on Neighborhood Shoppes cr Orangetree Valencia Lakes at Orangetree Homeowners Association, Inc. has received and reviewed your request to vacate and replace the Drainage Easement and Maintenance Agreement, recorded at Official Records Book 3894, Pages 780-789, Public Records of Collier County, Florida ("Drainage Easement"). Valencia Lakes at Orangetree Homeowners Association, Inc. has "No Objection" to your intent to petition Collier County to vacate and replace the Drainage Easement. However, Valencia Lakes at Orangetree Homeowners Association, Inc. reserve its rights to revise and/or modify the proposed Termination of Drainage Easement and Maintenance Agreement and Grant of Drainage Easement and Maintenance Agreement before execution of same. Sincerely, Board of Directors 9576596_1 133123,0016 1 ` Uel CX C C C C 00 'u0 ) .v 2 a a a a O 0 O 00 0 0 0) z z z z LC 0 .o -o v .o ++4 a a a a) al at0) m m eta to o o N o o o a f�yi N g 2 2 \ N N 2 N C, m m N N W N L0 1D .O CV a .E. O O N 1D N h all H M ty N V 01 01 Cl Q1 O1 01 O COCI 1D 1D 10 , 1D 1D V1 �' h h h N h n hZ d O O Cl O O d , ON N O. V Z <i" Cr m Com M CO m Q m N M 17 J W a D_ 4.. 14. LL W U. U. U. 0] uU.. g cc Q w w uWa w 9 w W a w J J J J J J OJ. w oaa as a as 0 a L 0 00Z2 ZZZZZ z Z W JJ JJJJJ J > Z W W CO W W W W W rA < J O O O O O O O 1~il 0 V. I Y U U -'U U U U U U '0 1.0 a i-•• w w 1... w w w z w Qw J J J J J J C J Z Z ZZZZ ZZ O d C N cY N N 'N N Cl O 0 0) 0) 3 a O W W W 00 W 00 CO n h 0 N N NN INNINNN N N .0 0) V O lD M h V 00 N LO O 00 O N Cr N 0 CO 1D V N vl 01 O'O O 1O 10 1n 10 N 1n LO 01 0 O 0 W 1D 10 10 10 1D Cl O N N N 0 0 CD 0 O O 1 N N N N N .1 N N N N 00 CO CO 00 00 00 CO 00 CO 00 00 0) 0) 0) 0) 0) 0) 01 0) 0) 0) Ol l0 ID ID 1(3 10 ID 1D ID 10 1D ID CO 00 00 CO .. 00 CO-W 00 CO 00 co h h h h - h h h h h N. h 0 a vi 0) c 3 O Z IHz z J J J W W O OU 47. 0 J J J Lli~ J J J J J J ... a t7 -gyp m ZZZ ZZZZZ Z Z Q Q "O at In N NM Cl 1)) N N. M N 03 0 N N N N N O O O Cl Cl 00Co00 00 DO 00 00 00 00 . h y~) 401 N N N 'N NNNNN N N Id > - 'N .N Z U >, ? W la 1- O C W O ¢ a m u 7_ v a O -:.z Qz O ob N 0) 4 > a.. J a w 3.25 1f2< c) 2 < a COd{ II O Q W _1 W a w 2 It F- Q Z 0) 'U Q Z O O Z Z O J U O Z Z W O O D as az ' v) 2 CO C 110 H Z ZZ Ni- _, J z I- e+ 3 2ao 00a< o 2 -p a; 0 Z - N _ (Davxm In I y w 1 0 w 03 CD Attachment: Letters of No Objection (1637 : Neighborhood Shoppes at Orangetree) (aa.e;a6ueio;e saddoqg pooLpogy6leN : LE9l.) uogoafgO ON f.o s.�atta1 :auawgoet;� N mOD M ti r � a m • C1 June 23, 2015 al Mr.Craig Mustain �,� 2927 SE 46th Ave .,�j �t ) c,Lo L Ocala, FL 34480-1669 Re:Termination/Replacement for Drainage Easement on Neighborhood Shoppes @ Orangetree To Whom It May Concern, I represent the contract purchaser of certain real property located in Collier County, Florida known as Neighborhood Shoppes at Orangetree.We are in the process of seeking a resolution from Collier County to vacate and replace a drainage easement, recorded in Collier County official records Book 3894, Pages 780-789. In order to accommodate the development, we will need to modify the existing drainage easement area.This will not affect stormwater drainage and retention as we are creating new stormwater ponds elsewhere on the site. Collier County will agree to vacate and replace the drainage easement,if we receive letters of no objection from all abutting property owners and the homeowner's association. I've attached a redlined version of the existing drainage easement document.These are the modifications that we are proposing to make for the new drainage easement, including the HOA will no longer be responsible for the cost and maintenance of the drainage easement area. I've also attached a legal description of both the existing drainage easement and the proposed drainage easement. If you have any questions or require additional information, please contact me. Otherwise, please evidence your 'no objection' to the proposed vacation by signing at the space provided below and returning a copy of this letter to our office at your earliest convenience.Please return via mail or email to: Emily Brown, Maury L.Carter&Assoc. Inc.,3333 S Orange Ave.Ste.200 Orlando, FL 32806. Sincerely, r Vdtcr tjc. Emily Brow , Project Manager ebrown@)rnaur carter.com 407-581-6202 • s� 1I25' 1S Signature Date Printed Nam (eeJ;aoueJo 4e seddogs pooqioqq6!eN : L£9t.) uol;oefgo siaftai :4uewgoeuv c G> U, U M a r d .�c June 23,2015 a TMTL Realty LLC 10440 Strike Ln Bonita Springs, FL 34135-7600 Re:Termination/Replacement for Drainage Easement on Neighborhood Shoppes @ Orangetree To Whom It May Concern, I represent the contract purchaser of certain real property located in Collier County, Florida known as Neighborhood Shoppes at Orangetree.We are in the process of seeking a resolution from Collier County to vacate and replace a drainage easement, recorded in Collier County official records Book 3894, Pages 780-789. In order to accommodate the development, we will need to modify the existing drainage easement area.This will not affect stormwater drainage and retention as we are creating new stormwater ponds elsewhere on the site. Collier County will agree to vacate and replace the drainage easement,if we receive letters of no objection from all abutting property owners and the homeowner's association. I've attached a redlined version of the existing drainage easement document.These are the modifications that we are proposing to make for the new drainage easement, including the HOA will no longer be responsible for the cost and maintenance of the drainage easement area. I've also attached a legal description of both the existing drainage easement and the proposed drainage easement. If you have any questions or require additional information, please contact me. Otherwise, please evidence your 'no objection' to the proposed vacation by signing at the space provided below and returning a copy of this letter to our office at your earliest convenience.Please return via mail or email to: Emily Brown, Maury L.Carter&Assoc. Inc., 3333 S Orange Ave.Ste.200 Orlando,FL 32806. Sincerely, Emily Brow Project Manager ebrown@maurycarter,com 407-581-6202 Signature Date Printed Name (aagaBueJO w saddogs pootpogy6pN : Leg 1,) uoopa(go oN jo s.talla-I :luawgo 4lt, CS et a. f� t }, MAURY L CMMTER & ASSOC, ,hq,'r rsr";�t t. �y Y PO BOX 568821 ?to y;r y � , Roti i ,:?„ fIt,l -z` r di ILrit 7009 2250 0003 0255 7193 r e 74.t r rt .1-e rliI Le i-e gj'-„...es f-et,,t- 4,1.E F0stai• er t►ce m TAIF11 aILTt, FitC,OpTTA4TL keg 11-14LL C. [rill .(p9mextic;Mail only;Na dnsuradce Cmterage Provided) 5-1-0k�. Luh � .�.aia�lirtssyEnfofma onvtsltuus;wdha,teiRt, twtf,rpsopmu :` /(] ti _� s ,m .. _ _� fly $ f c_ y /35 , 76(.00 Cu postage .. C] Certified pue 3,jj 5 pnstma k rrl p Return Receipt Feehero =I (Endorsement Required) c0: Out O Restricted Detivery Fee in (Endorsement Required) '- i'1 ( r - 111 lot&postage A Foee $ .J „ 13- 5-moo- L_ l-Est }- , L L C co v reef,Apt No-; r . r,.. or PO Bar NG. �� �C, U r Y 1 1�e a ' ctry,state,ZIP+4 �00t4Gt JpI,nyA FL , 39/35 7,s- S'torinsso!; 14:dta8 ..Digi f:4Ar*t tbrtr W 5VOtoh i • M.:74:':',c, ',I,I as ''-, :I t ra 9 i>�I4, ,i-iy t -'j+ X5'4 ,vt'RY 4 1w.i,i.t•:iki�+ ... ,. i:jl ' � ��.,2..111°_.rt r4riV �� :.Lt'.1G11:u 'A � :. r Complete items 1,2,and 3.Also complete”' ' A.sign- ure Item 4 if Restricted Delivery is desired. ❑Agent S LI Print your name and address on the reverse � D Addressee so that we can return the card to you. B. -eceived rfir'�rrrS"'- C.Date of Delivery ia Attach this card to the back of the maiipiece, /(( or on the front If space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to:TTL R e-41 +i If YES,enter delivery address below; O No , LLC 10 W y 0 S_1 ri kC l_ e.t l'1.e P20/1/1a Jpr/hJJ ; FL 3. Service Type >(-/ / 3 5 --_ 7(`)�� ti Certified Mello L]Priority Mall Express"' J 0 Registered 0 Return Receipt for Merchandise El Insured Mat 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ?Q�� 250 0003 �� � 7193 (Transfer from service label) { PS Form 3811,July 2013 Domestio Return Receipt (aaa a6ue.so to seddogs poogJogq6laN : L£91.) uoRoefgo oN jo :tuewgoe;}d a) in V M a- m V June 23, 2015 a. Mr. Donald Pratt 2825 Inlet Cove Ln W Naples, FL 34120-7569 Re:Termination/Replacement for Drainage Easement on Neighborhood Shoppes @ Orangetree To Whom It May Concern, I represent the contract purchaser of certain real property located in Collier County, Florida known as Neighborhood Shoppes at Orangetree.We are in the process of seeking a resolution from Collier County to vacate and replace a drainage easement, recorded in Collier County official records Book 3894, Pages 780-789. In order to accommodate the development, we will need to modify the existing drainage easement area.This will not affect stormwater drainage and retention as we are creating new stormwater ponds elsewhere on the site. Collier County will agree to vacate and replace the drainage easement,if we receive letters of no objection from all abutting property owners and the homeowner's association. I've attached a redlined version of the existing drainage easement document.These are the modifications that we are proposing to make for the new drainage easement, including the HOA will no longer be responsible for the cost and maintenance of the drainage easement area. I've also attached a legal description of both the existing drainage easement and the proposed drainage easement. If you have any questions or require additional information, please contact me. Otherwise, please evidence your 'no objection' to the proposed vacation by signing at the space provided below and returning a copy of this letter to our office at your earliest convenience.Please return via mail or email to: Emily Brown,Maury L.Carter&Assoc. Inc.,3333 S Orange Ave.Ste.200 Orlando, FL 32806. Sincerely, Emily Bron Project Manager ebrown(2maurycarter.com 407-581-6202 Signature Date Printed Name (ae.i e6ue.io ;e saddogg poot}Jogg6le : L£96) uoi;oafgo ON jo saana-1 :;uewgoefly m to N t. nr. "ASSN; 'PO LLX 568821 111 1 11111 11111 11 11 111 a ORLANDO FL.32856.8821 •.114,P-7.`, , _i. , ;, 4 ) ! Ir ,, ,,,,), , ,,,4,;)z, 7009 2250 0003 0255 7032 re-h-irv-) Servr co heG-" e -fej ru �5ti ii t 4a Qn I I 1rt ira 1 Gg4rir-geprovid�a< tv9(. D U/'1 tt i a 1 at 44' a o , :) r l: ynslr ur wehs AP tsps gnmsS °:, 0 )_ (i I (o v . L ate k/ rpt _...__.....__ f...... ..«` , �..e.4'4‘..'k_ tM.5 �1" �' U Le-36, FL rt.l ltrnF: s P r_ r,:arlitied1ee _..,.t�� r1"t - —- Pastmad, rm Return Recelpt Frye Hero En (Endorsernenl Required) �., 1 O Rretrfcted AcGv ey t=oe (Endoreemeat Required)rza . . _,.__._ tt7 rta Total Postage&Fees 9 5 L I ent Yo ///�JJ «�fl y?G(l(l _ rypY L( )-i • O o PO.Boy' Nn.; a6 5 /r (LA- (0 vseLartie �A ' • or POFiorNn. Ry,Slats Z1P+4 r— C -7 ei p(e s FC 3 t >>;0-0 7 ',,;.,.',='.'e..'a sr t a5t: o" .�.,-1.:,:r r... @G ff''pv$:,.e`r to tnF[(,ip 101i&(, r SENDER: COMPLETE THIS SECTION 'COMPLETE THIS SECTION ONDELIVE(IY ot Complete Items 1,2,and 3.Also complete A. Signature , item 4 if Restricted Delivery is desired. 1 1� p ( ',,,4... ©AgeAgent et Print your name and address on the reverse X ,1 1 Gi Addressee so that we can return the card to you. B.Received by(Printed Name) C.Date of Delivery lis Attach this card to the back of the mailpiece, F or on the front if space permits. i • D.,IS'delivery address different from item 1? 0 es 1. Article Addressed to: If YES,enter delivery address below: 0 No 41(. DoL-1 (1/d P,-�.I� , s5 /n Le 1 co ve Lalie W . /(/a J !-, z_ 3 I/0.0 -75`/ 3. Service Type v it Certified Mall® 0 Priority Mall Express' ❑Registered 0 Return Recelpt for Merchandise ❑Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) CI Yes 2. Article Number 7009 2250 0003 0255 7032 ' (Transfer from service label) _,_—_. __._._---.--� __..__..—___.__. ,1 : PS Form 3811,July 2013 Domestic Return Receipt (eaa$a6uwO to saddogs pootpog46laN : Lc90 uonoargo oN Jo s.aattai :#ua ugoo a) co tit in U M r; a June 23,2015 a Ms.Joan Torres 2821 Inlet Cove Ln W Naples, FL 34120-7569 Re:Termination/Replacement for Drainage Easement on Neighborhood Shoppes @ Orangetree To Whom It May Concern, I represent the contract purchaser of certain real property located in Collier County, Florida known as Neighborhood Shoppes at Orangetree.We are in the process of seeking a resolution from Collier County to vacate and replace a drainage easement, recorded in Collier County official records Book 3894, Pages 780-789. In order to accommodate the development, we will need to modify the existing drainage easement area.This will not affect stormwater drainage and retention as we are creating new stormwater ponds elsewhere on the site. Collier County will agree to vacate and replace the drainage easement,if we receive letters of no objection from all abutting property owners and the homeowner's association. I've attached a redlined version of the existing drainage easement document.These are the modifications that we are proposing to make for the new drainage easement, including the HOA will no longer be responsible for the cost and maintenance of the drainage easement area. I've also attached a legal description of both the existing drainage easement and the proposed drainage easement. If you have any questions or require additional information, please contact me. Otherwise, please evidence your 'no objection' to the proposed vacation by signing at the space provided below and returning a copy of this letter to our office at your earliest convenience. Please return via mail or email to: Emily Brown, Maury L.Carter&Assoc. Inc., 3333 S Orange Ave.Ste.200 Orlando, FL 32806. Sincerely, Emily Brown,Project Manager ebrown@maurycarter.com 407-581-6202 (S'_nature Date ,10 16Pre. 5 Printed Name d (aa.eta6ue.i0;e saddogs pootpogg6laN : mt.) uol;oafg0 oN j.o sJa}}a-j :;uauagoet4y co U in N: r � a June 23,2015 R a. Ms. Idalmys Gonzalez 2817 Inlet Cove Ln W Naples, FL 34120-7569 Re:Termination/Replacement for Drainage Easement on Neighborhood Shoppes @ Orangetree To Whom It May Concern, I represent the contract purchaser of certain real property located in Collier County, Florida known as Neighborhood Shoppes at Orangetree.We are in the process of seeking a resolution from Collier County to vacate and replace a drainage easement, recorded in Collier County official records Book 3894, Pages 780-789. in order to accommodate the development, we will need to modify the existing drainage easement area.This will not affect stormwater drainage and retention as we are creating new stormwater ponds elsewhere on the site. Collier County will agree to vacate and replace the drainage easement,if we receive letters of no objection from all abutting property owners and the homeowner's association. I've attached a redlined version of the existing drainage easement document.These are the modifications that we are proposing to make for the new drainage easement, including the HOA will no longer be responsible for the cost and maintenance of the drainage easement area. I've also attached a legal description of both the existing drainage easement and the proposed drainage easement. If you have any questions or require additional information, please contact me. Otherwise, please evidence your `no objection' to the proposed vacation by signing at the space provided below and returning a copy of this letter to our office at your earliest convenience. Please return via mail or email to: Emily Brown, Maury L.Carter&Assoc. Inc.,3333 S Orange Ave. Ste.200 Orlando, FL 32806. Sincerely, Emily Brown, Proje . Manager ebrown maur :rt:r.com 407-581-620 ikez/je° ' Signature • r -nate ✓ Printed Name (aa.i;a6uelo;e saddoqg poou.iogg6iaN : L£9 G) uogoargo oN;o s.Ja;;a-1 :;uawuoenv a) co uo V M ti C1 a m June 23,2015 a. Ms.Teresa Donoso 2813 Inlet Cove Ln W Naples, FL 34120 Re:Termination/Replacement for Drainage Easement on Neighborhood Shoppes @ Orangetree To Whom It May Concern, I represent the contract purchaser of certain real property located in Collier County, Florida known as Neighborhood Shoppes at Orangetree. We are in the process of seeking a resolution from Collier County to vacate and replace a drainage easement, recorded in Collier County official records Book 3894, Pages 780-789. In order to accommodate the development, we will need to modify the existing drainage easement area.This will not affect stormwater drainage and retention as we are creating new stormwater ponds elsewhere on the site. Collier County will agree to vacate and replace the drainage easement,if we receive letters of no objection from all abutting property owners and the homeowner's association. I've attached a redlined version of the existing drainage easement document.These are the modifications that we are proposing to make for the new drainage easement, including the HOA will no longer be responsible for the cost and maintenance of the drainage easement area. I've also attached a legal description of both the existing drainage easement and the proposed drainage easement. If you have any questions or require additional information, please contact me. Otherwise, please evidence your `no objection' to the proposed vacation by signing at the space provided below and returning a copy of this letter to our office at your earliest convenience.Please return via mail or email to: Emily Brown, Maury L. Carter&Assoc. Inc., 3333 S Orange Ave.Ste. 200 Orlando,FL 32806. Sincerely, Emily Brown, Project Manager ebrown @ mauryca rte r_com 407-581-• $2 • ' �l ly3 4ua«'' Sig,at 1e Daie Printed Name (aa.ata6ue.JO;e saddoqg poogaogy6laN : L£91•) uoRoalgo oN Jo saapa- :}uawyoe;}v Cr) LC) ti r � CI. m ac June 23, 2015 co a. Ms.Juana Cruz 2809 Inlet Cove Ln W , Naples, FL 34120-7569 Re:Termination/Replacement for Drainage Easement on Neighborhood Shoppes @ Orangetree • To Whom It May Concern, I represent the contract purchaser of certain real property located in Collier County, Florida known as Neighborhood Shoppes at Orangetree.We are in the process of seeking a resolution from Collier County to vacate and replace a drainage easement, recorded in Collier County official records Book 3894,Pages 780-789. In order to accommodate the development, we will need to modify the existing drainage easement area.This will not affect stormwater drainage and retention as we'are creating new stormwater ponds elsewhere on the site. Collier County will agree to vacate and replace the drainage easement,if we receive letters of no objection from all abutting property owners and the homeowner's association. I've attached a redlined version of the existing drainage easement document.These are the modifications that we are proposing to make for the new drainage easement, including the HOA will no longer be • responsible for the cost and maintenance of the drainage easement area. I've also attached a legal description of both the existing drainage easement and the proposed drainage easement. If you have any questions or require additional information, please contact me. Otherwise, please evidence your 'no objection' to the proposed vacation by signing at the space provided below and returning a copy of this letter to our office at your earliest convenience. Please return via mail or email to: Emily Brown,Maury L.Carter&Assoc, Inc.,3333 S Orarige Ave.Ste.200 Orlando,FL 32806. Sincerely, Emily Brow ,Project Manager ebrown@maurycarter,com 407-581-6202 • 07S- 'nature Date l Ltim// (, 'Z.-- Pr'? d Name (aa.ala6ueiO}e seddogs pooyaoggf3 aN : Lc91-) uostaargo oN siat a-I :luauagaefV ti t a June 23,2015 a Mr. Daniel Hall 2805 Inlet Cove Ln W :.. . Naples, FL 34120-7569 . . Re:Termination/Replacement for Drainage Easement on Neighborhood Shoppes @ Orangetree To Whom It May Concern, I represent the contract purchaser of certain real property located in Collier County, Florida known as Neighborhood Shoppes at Orangetree.We are in the process of seeking a resolution from Collier County to vacate and replace a drainage easement, recorded in Collier County official records Book 3894, Pages 780-789. In order to accommodate the development, we will need to modify the existing drainage easement area.This will not affect stormwater drainage and retention as we are creating new stormwater ponds elsewhere on the site. Collier County will agree to vacate and replace the drainage easement,if we receive letters of no objection from all abutting property owners and the homeowner's association. I've attached a redlined version of the existing drainage easement document.These are the modifications that we are proposing to make for the new drainage easement, including the HOA will no longer be responsible for the cost and maintenance of the drainage easement area. I've also attached a legal description of both the existing drainage easement and the proposed drainage easement. If you have any questions or require additional information, please contact me. Otherwise, please evidence your 'no objection' to the proposed vacation by signing at the space provided below and returning a copy of this letter to our office at your earliest convenience. Please return via mail or email to: Emily Brown,Maury L.Carter&Assoc. Inc.,3333 S Orange Ave.Ste.200 Orlando,FL 32806. Sincerely, Emily Brown, Project Manager ebrown@maurycarter.com 407-581-6202 °'^ f 7 —fib Signature Date 00,`:(1-1 IA 1 Printed Name (aaJ;a6ueJO;e saddoys poogJogq6laN : L£9 L) uol;oalgo oN Jo sJa;;a-I :;uawtpe;;�y N o am U Le) C` M a r d June 23,2015 co al Mr.Andrew Ruffen 2801 Inlet Cove Ln W Naples, FL 34120-7569 • • - Re:Termination/Replacement for Drainage Easement on Neighborhood Shoppes @ Orangetree To Whom It May Concern, I represent the contract purchaser of certain real property located in Collier County, Florida known as Neighborhood Shoppes at Orangetree.We are in the process of seeking a resolution from Collier County to vacate and replace a drainage easement, recorded in Collier County official records Book 3894, Pages 780-789. In order to accommodate the development, we will need to modify the existing drainage easement area.This will not affect stormwater drainage and retention as we are creating new stormwater ponds elsewhere on the site. Collier County will agree to vacate and replace the drainage easement,if we receive letters of no objection from all abutting property owners and the homeowner's association. I've attached a redlined version of the existing drainage easement document.These are the modifications that we are proposing to make for the new drainage easement, including the HOA will no longer be responsible for the cost and maintenance of the drainage easement area. I've also attached a legal description of both the existing drainage easement and the proposed drainage easement, If you have any questions or require additional information, please contact me. Otherwise, please evidence your 'no objection' to the proposed vacation by signing at the space provided below and returning a copy of this letter to our office at your earliest convenience.Please return via mail or email to: Emily Brown, Maury L.Carter&Assoc. Inc.,3333 S Orange Ave.Ste.200 Orlando,FL 32806. Sincerely, Emily Brow , Project Manager ebrown@rnaurycarter.com 407-5 6202 , i I-` In I/ / 2Of S Signature Date AlAjt .t / ( 1ek Printed Name (aai;e6ueJo ;e saddoyg pootpogg6saN : Lcgi,) uol;oa[g0 ON J.o sla;;ai :;uawgoenV Lr) (. M a a) Y V t0 June 23, 2015 a Mr. Salvatore Leone 15936 82nd St Howard Beach, NY 11414-2927 Re:Termination/Replacement for Drainage Easement on Neighborhood Shoppes @ Orangetree To Whom It May Concern, I represent the contract purchaser of certain real property located in Collier County, Florida known as Neighborhood Shoppes at Orangetree.We are in the process of seeking a resolution from Collier County to vacate and replace a drainage easement, recorded in Collier County official records Book 3894, Pages 780-789. In order to accommodate the development, we will need to modify the existing drainage easement area.This will not affect stormwater drainage and retention as we are creating new stormwater ponds elsewhere on the site. Collier County will agree to vacate and replace the drainage easement,if we receive letters of no objection from all abutting property owners and the homeowner's association. I've attached a redlined version of the existing drainage easement document.These are the modifications that we are proposing to make for the new drainage easement, including the HOA will no longer be responsible for the cost and maintenance of the drainage easement area. I've also attached a legal description of both the existing drainage easement and the proposed drainage easement. If you have any questions or require additional information, please contact me. Otherwise, please evidence your `no objection' to the proposed vacation by signing at the space provided below and returning a copy of this letter to our office at your earliest convenience.Please return via mail or email to: Emily Brown, Maury L.Carter&Assoc. inc.,3333 S Orange Ave.Ste.200 Orlando, FL 32806. Sincerely, Emily Brown, Project Manager e.brown@rnaulysatrterrcom 407-581-6202 Signature Date Printed Name • (aaala6ueao;e saddogs pooyaogg6iaN : L£96) uoiloe qo oN S.19481 :4uauatioe44b MAURY L CARTER & ASSOC ING111 1 1111 111 111 11 PO BOX 568821 , „e. ,. ORLANDO FL 32856-8821 X x 'pylar ,ekV 7009 2250 0003 0255 7070 b7 : . MAit : j''&kirr� ,h=er vi`ce Yt .S-te-tet y��`, '( t /�p� f4,}• (�/ �p / p ,y y� a�te00, 00:034rf•�i:i Sr7 R Z1P. ' F:; r f` �� tJ �i /V� I C. �"�•'o t�C_ cis(;pmestl Cori t , +)±tt it{zsi'! i f r it ra ro i i 44t s 4_r, J a s tttC `=nlftft.>roiva i �t ., r 16 {4 ti a• /5 9 3.6- 5— OFFICIAL USE . Postage �wa rL! .&ai h 1 Al)/ , T! f �p�-/ )-7 Certified Fee 7 5 rr 1 Postman( O Return Receipt Fee Here p (Endorsement Required) r 0 V Restricted Delivery Fee (Endorsement Required) cT552Total Postage&Fees $ • s CU enJ • t 10 1(. $ I va-fore L-e b t1 Q_ orPOSf. . r 5 ! 3 c ()) J-6.f_et • Cit,Sieta zrp•a Howe rd (3o act, AV Y /1 (4 ”a 9.)-7 ErS`F Yttt��8a,it;�{uyct(ik?'!I6 '�1U i� tw' tekistet ;a5;t� Mvi1 • • SENDER:COMPLETE,THIS SECTION COMPLETE THIS SEC77ON ON'VELIVENV' T• Complete Retrial.,,2;'.and 3.Also complete A. Signature item 4if Restrictedi Alvery is desired. p/ El Agent • Print your ni irii fend Address on the reverse X \.1 "'7 El Addressee so that we can return the card to you. S. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, • • or on the front if space permits. i. Article Addressed to; D. Is delivery address different;from item 1? 0 Yes If YES,enter delivery address below: 0 No solum-1-01-.e Leon 53Sa `u`I fee, �{v t v a rd 3. Service Type ,y - )4.)-7 Certified Mails 0 Priority Mail Express"' 0 Registered 0 Return Receipt for Merchandise ' 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes . 2. Article Number 7009 2250 0003 0255 7070 (Transfer from service labs!} I PS Form 3811,July 2013 Domestic Return Receipt (aaata6uea®to saddoqg pooqpogg6laN : Lg9I.) uogoargO oN jo ssa;tai :;uawgoefv In a) V M a r m Y o td June 23, 2015 °- Mr. Michael Smith 2793 Inlet Cove Ln W Naples,FL 34120-7550 Re:Termination/Replacement for Drainage Easement on Neighborhood Shoppes @ Orangetree To Whom It May Concern, I represent the contract purchaser of certain real property located in Collier County, Florida known as Neighborhood Shoppes at Orangetree. We are in the process of seeking a resolution from Collier County to vacate and replace a drainage easement, recorded in Collier County official records Book 3894, Pages 780-789. In order to accommodate the development, we will need to modify the existing drainage easement area.This will not affect stormwater drainage and retention as we are creating new stormwater ponds elsewhere on the site. Collier County will agree to vacate and replace the drainage easement,if we receive letters of no objection from all abutting property owners and the homeowner's association. I've attached a redlined version of the existing drainage easement document.These are the modifications that we are proposing to make for the new drainage easement, including the HOA will no longer be responsible for the cost and maintenance of the drainage easement area. I've also attached a legal description of both the existing drainage easement and the proposed drainage easement. If you have any questions or require additional information, please contact me. Otherwise, please evidence your `no objection' to the proposed vacation by signing at the space provided below and returning a copy of this letter to our office at your earliest convenience.Please return via mail or email to: Emily Brown, Maury L.Carter&Assoc. Inc.,3333 S Orange Ave.Ste.200 Orlando, FL 32806. Sincerely, C.c , Emily Bro n, Project Manager e b town @ rn J u ryca rta L com 407-581-6202 Signature Date Printed Name m (aaa;a6ueiO;e seddoys pooyaogg6reN : L£9 i•) uol;oafg0 ON lo sia;;ei :;uaufyoeuv V '1,A033:`,,;:,';'''','-'. .� `, i. s [ i In s M MAURV t CARTER&ASSOC INCIll ':z,, .:''-. 4- r: ci PO 93?L! 12856..s821X I1111\11111111(� " „ `74-1;4. rti7; r� - /7gp9 2250 0003 0255 7087 K>I Gr r n S-a-r1/I'U. re-Plialt c.-,,')!-':t‘ =- ` 1#1 11tAtti'lm 9 e549` /Ili Cir aet Jrn A ��ewr ' provrded) ' — f-- ;�j�pt�ds#ra t4lalt_1�t#XY,Ndtn$ura»ce tatrera�p Pr v {.usgs• rtlo, ;,,, 7 9 3 /n Ce,f Co ve La�e W, o �-g�r:�t1�IfY.ery.in3ari�t�t[grt u[�it auC�. ��"��;�� OFFICIAL USE ` '��_,y FL 3ylD � � � � postage r 0 5 /VapS/ r,.l c Certified FeeillelM postmark M p Return Receipt Fee p (Endorsement Required) c Here t 1 ( 1:3 Restricted DetiverY Fee (Endorsement Required) .�-+.--..'_"�”' 5 rn'ft.l 7otai Postage&Fees , irq 'I'll 0/Wro., n tCh°. .6. ... ........_.~[ .... N--.. • reap lrro;--777 3 7.. .. Cave r~ty smote zfl'sd (es//yapl- 3 y/�O 10tQ6,3&Q0[ 4s(0t)$f'u• SENDlrki;;,LOMPLETE'THIS SECTION COMPLETE 7-14I&SECTION ON DELI EkV •,goh pleie Items 1,2,and 3.Also complete'' • Ais-S ure ! )n, "� ©Arent • tete! if Restricted Delivery Is desired. '-' / ,� �r p Addressee ' ■•;Pxlnf`your name and address on the reverse ..f/ - �t�!./ -; • so that we can return the card to you. trilreoelved by(Printed Name) C. Date of Delivery III, Attach this card to the balk of the mallpiece, ' or on thd front if space permits. D. Is delivery address different from Item 1? ❑Yes 1. Article Addressed to; If YES,enter delivery address below: 0 No . Mr. N11.64 l Jrn 4 . . • 7 9 3 /n if Cove Lgilew t, Net k FL 3 y/2_D-- 75 50 3. Service Type / la Certified Mail® 0 Priority Mail Express'" • CI Registered ❑Return Receipt for Merchandise In Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) CI Yes 2. Article Number 7009 2250 0003 0255 7087 • (7fansferfrom service label) _____.-- --_---------_ ___._-•--- i PS Form 3811,July 2013 Domestic Return Receipt , INSTR 5234588 OR 5247 PG 379 RECORDED 3/2/2016 11:07 AM PAGES 11 17.C.f DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $95.00 3 Record and Return to: KELLY BLY First American Title Insurance Company a, 2233 Lee Road, Suite 204 Winter Park. FL 32789 O U, m s�. THIS DOCUMENT PREPARED BY& o AFTER RECORDING RETURN TO: Marshall J.Emas,Esq. Shutts&Bowen LLP o 200 East Broward Boulevard Suite 2100 Ft.Lauderdale,Florida 33301 [SPACE ABOVE THIS LINE FOR RECORDING DATA] a) GRANT OF DRAINAGE EASEMENT,MAINTENANCE AGREEMENT ANDto ACCESS EASEMENT (Replacemet*Easement) °' THIS GRANT OF-(int.AINAGE EASEMENT MAINTENANCE AGREEMENT AND ACCESS EASENE_NT (hereinafter the "Drainage and Access Agreement') is made lii—T ay of r hrWft , 2016, between ROBERTO BOLLT, T ,T TE o�7 - D 5-OUST AGREEMENT RECORDED IN O.R.j BYOQK\` 37,k PAGE,231 PUBLIC RECORDS OF COLLIER COUNTY, LO,9 IDAA`as\G'ranLdr, whosd addr 'ss is 4500 Executive Drive, Suite 110, Nap es,, 3411 1 (he%eii1af er "Bollt"), Cypress Commercial Developm t\\ LLC, a Flora ilintited liability company (hereinafter, "Cypress``"�.,V mmercial"), an�lr.f'QkLENCIA LAKES AT ORANGETREE HOMEOWN;E$S' ASSOCIATION, INC., a Florida corporation, as Grantee, whos,eltin ress is 13100 West Links Terrace, Fort Myers, Florida 33913-46reniafter `Valencia Lakes HOA") collectively the "Parties" to this Drainage Agreement. rn CC WHEREAS, Bollt is the owner of a portion of that certain tract of land located in Collier County, Florida (hereinafter the "Drainage Easement Property") described in Exhibit "A" attached hereto and made a part hereof and Cypress Commercial is the owner of the other portion; and L WHEREAS, Bollt is the owner of that certain tract of land located in Collier County, Florida (hereinafter the "Publix Parcel") described in o Exhibit "B" attached hereto and made a part hereof, which Publix Parcel adjoins and is contiguous, on its easterly boundary, to "Bergamot Lane" lying easterly thereof, as illustrated on the site plan (the "Publix Site Plan") attached hereto as Exhibit C" and made a part hereof; and WHEREAS, Valencia Lakes HOA is a not-for-profit corporation organized under the laws of the State of Florida, which pursuant to that FTLDOCS 697G337 2 2/9/16 Packet Pg.3597 OR 5247 PG 380 17.C.f as ) La Y certain Declaration of General Protective Covenants and Restrictions of c Valencia Lakes HOA recorded in Official Records Book 2799, Page 2131, `o Public Records of Collier County, Florida (the "Declaration"), is required to maintain the storm water drainage and waterways located within the 0. properties described as Tracts 1, 2, and 3 of the Neighborhood Shoppes at o Orangetree Plat, recorded in Collier County Plat Book 50, Pages 83-86 (the o "Property"), and which properties include the Drainage Easement Property o described in the attached Exhibit "A"; and ._ 0 WHEREAS, Valencia Lakes HOA operates, maintains and repairs, within the Drainage Easement Property, a well which draws ground water co and an irrigation pump ("Irrigation Pump") to distribute same, both at the M location illustrated on the Site Plan, for the purpose of providing water to :° irrigate landscaping on property owned -by Valencia Lakes HOA which lies easterly of the Publix Parcel.-- is,i� p� -i for the common use and �, 1 -y- 1 )f benefit of all of all members-'60alencia Lakes b. ; and ti WHEREAS, the/Partied wiiR\to estabbish their respective rights and Trino responsibilities relative to use an .xna intenance of\the\Drainage Easement o Area; and 1S1 1 � 5`;5, z a ' of s--^''' o�� ! to WHEREAS, Bo It: ashes 4tcrsgrant`\ n etasemnnt to Valencia Lakes to HOA for the operation,ski. tenance, repaired replacement (and associated 0 ingress and egress therefo of the existing l ant1' rxigation Pump in their c presTi ent size and present lOCatign,within the P 1i�Parcel. '` '^ _ 0 NOW, THEREFORE, itis 94'1.6' l-asfollows: E to a) L 1. Bollt and Cypress Commercial, and his and its successors, heirs, ;° assigns and/or transferees, hereby grant a non-exclusive easement to Valencia Lakes HOA over and across the Drainage Easement Property y described in the attached Exhibit"A" for the purpose of storm water drainage w However, Valencia Lakes HOA shall have no obligation to maintain the tp Drainage Easement Property. a 2. Each of Bollt and Cypress Commercial reserves unto himself co12 and itself, respectively, and each one's respective successors and assigns, the 0 right to use the portion of the Drainage Easement Property each owns, and to oc construct, place or permit, within the portion of the Drainage Easement c Property so owned, landscaping and irrigation facilities, and walls and E fences, or other improvements, as may be required or permitted by applicable to laws, codes and ordinances, including, without limitation, site plan approvals issued by governmental agencies FTLDOCS 6976337 2 2/9/16 Packet Pg.3598 OR 5247 PG 381 17.C.f m N ra 3. Each of Bollt and Cypress Commercial shall bear the sole o w responsibility for and cost of the maintenance of the Drainage Easement y Property he or it owns, including but not limited to regular maintenance as Q may be required by any governmental agency having jurisdiction relative 0 thereto. The Drainage Easement Property shall at all times be maintained in N accordance with applicable code. o L O Ja 4. All members of Valencia Lakes HOA whose lots abut the 0) 0 Drainage Easement Property shall have the right to use thereof for the z purpose of storm water drainage pursuant to the terms of the Declaration M and governing ordinances, if any. However, these members shall have no , obligation to maintain the Drainage.Easement Property. ti .. -2P Co;',',.., 5. Bollt, his succe ors, heirs, as5ignsi'and/or transferees, hereby CA °' grant to the members of,Valencia Lakes HOA a~vionxclusive easement for the operation, maintenance''and repair--(and- associated ingress and egress o therefor), within the Drain Easement�Property\of\a well which draws ground water and an ith ,�'Ifi`gation Pbu to d tribute same, both at the '`F i y location illustrated onl'th +. S�fte,,Pliin and in tli ii present size and present 0 location, } �t �. .! ' for the purppse o 'providing--ante -- ir,Ogate landscaping on ca property owned by Valer1 a Lakes HOA Which he sterly of the Publix Parcel (which property is.`f r he common use aad°benefit of all of members of p 03a Valencia Lakes HOA). Th tv �l and Irrigation Pdi .p shall be maintained and > repaired in good working or er;;and-rePla0 d ev en necessary, by Valencia o Lakes HOA. ` ' E a) 6. This Drainage and Access Agreement shall run with the land E and shall be binding upon and inure to the benefit of all present and futurec° owners of any portion of the property included in the Declaration, and their successors and/or assigns, it being the intention of the Parties that this N Agreement shall be perpetual. w a) Y 7. It is acknowledged and agreed that the easements grantedr. under this Drainage and Access Agreement are not exclusive easements and -0 shall not limit the rights of Bollt and Cypress, and his and its successors, 0 heirs, assigns and/or transferees, to the use and enjoyment of the Drainage Easement Property or of any other property over which easements have been w granted hereunder, in a manner which is not inconsistent with the easement rights granted to herein. U R 8. Nothing contained in this Drainage and Access Agreement shall, in any way, be deemed to constitute a gift of or dedication of any portion of FTLDOCS 6976337 2 2/9/16 Packet Pg. 3599 OR 5247 PG 382 17.C.f m a, L d cn the Drainage Easement Property or any other property over which easements have been granted hereunder, to the general public or for the benefit of the o general public, it being the intention of the parties hereto that this Drainage Iii and Access Agreement shall be limited to and utilized for the purposes Q expressed herein. o co 9. Valencia HOA (the "Indemnifying Party") will defend, indemnify o 0 and hold the other Parties (and any owner of any portion of the property L within the Plat) harmless from and against any and all actions, causes of action, claims, demands, liabilities, judgments, costs and expenses ..- whatsoever (including, without limitation, attorneys' fees at trial and z appellate levels), arising out of or as a result of the exercise or fulfillment by M the Indemnifying Party or any individual or entity claiming by, through or under the Indemnifying Party, .ofethe_Indemnifying Party's rights or obligations hereunder. OL7A':>-, �, 10. No Party s ermit (and shall pie npiiy satisfy or bond) any CV construction, mechanic,''s l}erl� ox, other—lin4, or encumbrance against the o Drainage Easement P�ropert _ora o her epro'kkpert over which easements a have been granted he�reu`der ilk s ;�li ' br1tcu'inbrance shall arise in i connection with the exerc> e or u llment&y su'ch‘party(or any individual or CD entity claiming by, thrc uugh-or'under sui h` artpl Df iits.fights or obligationsca hereunder. j -` oc 11. The easemen anted hereunder;*r any covenant, restriction cn> or undertaking contained herein, '°aybe_-tet" u`ated or amended only by the ° recording of an appropriate docuniefliii- �uihlic Records, executed by the 48 a, Parties hereto or their respective successors and assigns. However, the recordation of a plat of the Drainage Easement Property shall not, in the a) absence of an express recitation therein describing this Drainage and Access co Agreement with the recording information and expressly providing for its termination or amendment, terminate or amend this Drainage and Access N as Agreement. w 0 al 12. No waiver of any breach of the provisions hereof shall be a. construed as, or constitute, a waiver of any other breach, or a waiver, -a acquiescence in or consent to any further or succeeding breach of the same. cn 0 U 13. This Drainage and Access Agreement shall be interpreted, cc construed and enforced in accordance with the laws of the State of Florida. Nothing contained in this Drainage and Access Agreement shall be deemed E or construed, either by the Parties hereto or by any third party, to create the u relationship of principal and agent or to create any partnership,joint venture Q or other association between the Parties. FTLDOCS 6976337 2 2/9/16 Packet Pg. 3600 oR 5247 PG 383 17.C.f a a) L Y 0) 2 14. In the event a Party brings suit to enforce any provision of this o Drainage Agreement against another Party, the prevailing party shall be entitled to recover its costs and expenses (including, without limitation, a) reasonable attorneys'fees at trial and appellate levels). o V) 15. If a Party ("Defaulting Party") shall fail to pay any sums due o hereunder, or perform any obligation of such Party hereunder, as and when € due, any other Party ("Non-Defaulting Party") may pay the sums due or la perform such obligation and incur reasonable costs therefor if the Defaulting Party fails to do so within thirty (30) days after written notice from the Non- z Defaulting Party to the Defaulting Party demanding the payment or M performance. In such event, the Defaulting Party shall reimburse the Non- to Defaulting Party upon written deunand far_, ll sums paid or incurred by the N. Non-Defaulting Party, plus inter s't a klie `,P E...Rate," as defined from time M to time in the Wall Street,Journal,plus thiee; orcent (3.0%) per annum, or the highest rate permitted 7l y law, whicheve'?' s "lower. Any remediesin conferred upon the Non'Defau`tiig Party-shall not\be'exclusive of any other o remedy, and each and every remed 'ahall be cumulative.\ o J 1\\ +, {?lam rrJ 1i 7 ,� �4 y ''/ 0 E (1) a) L 07 R Ca) C a) N tC W 0 R CL V a) V L 0 U a) ct a+ C () U R a Qa FTLDOCS 6976337 2 2/9/16 Packet Pg. 3601 OR 5247 PG 384 17.C.f 1 a2 L IN WITNESS WHEREOF, Grantor and Grantee(s) have hereunto set c their hands and seals this day and year first written above. oL Signed, sealed and delivered Grantor: Q CI. In our presence: o cn Witness one: - // o ROBERTO BOLLT, TRUSTEE OF LAND s TRUST AGREEMENT RECORDED IN 0 O.R. BOOK 1347, PAGE 2331, PUBLIC = RECORDS OF COLLIER COUNTY, z ag;44�;�, FLORIDA M to Print Name:6\e-6.1")..e.._ D `?j-:--- 7,7- ti Lam. k. 0 i'`a.� M it a w -` ``, cv � Y It 1 / r.,.. Q ° Print Name: " {. '�„ 7\ 0 1 s /r' 1 0 1 fes.' '^..'-".r'°�' r A'-� _a,.._. , E.,' as STATE OF FLORIDA s\i �l t , 1 -. � 0 c COUNTY OF i1�lilTa "-° ' L. %` d l'.>^,, \ .,•' it, .2 The foregoing instrumerlt.,wAsjack a� edged before me this n day e. of , 2016, by Eob rto`Bo11t, Trustee, of Land Trust E Agreement Recorded in O.R. Book 1347, Page 2331, Public Records of Collier d County, Florida, who is (V.) personally known to me, ep-whe-(—)-prusentecl 0)co as-iflentifisal;ion. c d N as w \zia\s_............„......, ----._ a.) ra Signature of Notary Public a My Commission Expires: L a444, YPEARCE _ O v .1.I FRES:Joie 28.2019 L---=-- ._. . .. c E U CZ 9 FTLDOCS 6976337 2 2/9/16 Packet Pg. 3602 OR 5247 PG 385 17.C.f Iii ai w m cn Grantor: R L O CYPRESS COMMERCIAL ro N DEVELOPMENT, LLC, a Florida 00. limited liability company 0 u) 0 0 L 0 Wi nes one:^ By: z Print: --... ean;c Dise,,-) '' Title: ,.....Az ,2„,- CD Print Name: -----„ VA& �Lc l�l,T" a) ti ya `� fit" r\�4,�` `20. Wpi 1 Q �`f F' d ; r N itnes / 'f CV re Print Name• "` E r. _ sa 1 ? 3 t t,p I a� r'''', \„,,1‘,:,,.4 1 F STATE OF FLORIDA ,. ' , a COUNTY OF U . PN, ..'s � f > �... The foregoing instrument`w acknivTe ged before me this Q day a) of , 2016, by /. -D 44ur as E of CYPRESS COMMERCIAL DEVELOPMENT, LLC, a a� Florida limited liability company, on behalf of the company, who is (4) co personally known to me, '- - cu -iclatcartivn. u ea w 0 2R a ignature of Notary Public My Commission Expires: w E-----_____ Y YPFJ1fiCEWIIBER °� Y COh45SI0N 1 FF 205096 E XPIRES:June 26,2018Md Thro*illy Pubic fndenTibui B Zi FTLDOCS G976337 2 2/9/16 Packet Pg. 3603 OR 5247 PG 386 17.C.f m a> Grantee(s): VALENCIA LAKES AT ORANGETREE HOMEOWNERS' ASSOCIATION, INC. a itn ss one: BY: Print: F„\ 5 vnwa r s �, -E ��r_ Title: Rc-es..\ Print Name: Yt V Al r�. Witnessi7 �// C° 1�1t(01� l i i yY U.) 4� Print Name: STATE OF FLORIDA / COUNTY OF Q0\,\_V k f ' ) 'f The foregoing iristr iment was acknowl-dgeedd! 'befd e�;`me this € t�` day of gs c vakvA , 2016, by\ L .U sw � 1�'1'l r', ;l as PR 51 D E N of VALENCIA LAKES AT`l ' •NGETREE HOMEORS' ASSOCIATION, INC., who is (X) personally kno 'ft3..>!neu or who -pr�e`en`f`ed as identification. ��' ?'s i _\--.7 d 10 E : ; COURTNEY L COUND / rip_ Notary Public-State of Florida I +• ov My Comm.Expires Jan 16.2017 0 :•- • e of Notary Public a '•.;;a.yV° Commission It EE 565696 My Commission Expires: \/l kp Zp 11 a a) L FTLDOCS 6976337 2 2/8/16 Packet Pg. 3604 OR 5247 PG 387 17.C.f m E.'. L 15 C) c T.. EXHIBIT"A" o LEGAL DESCRIPTION OF DRAINAGE EASEMENT PROPERTY Cl) 0 0- Being Being a portion of Tracts 1 and 2,Neighborhood Shoppes at Orangetree,according to the o plat thereof as recorded in Plat Book 50,Pages 83 through 85 (inclusive)of the public u records of Collier County,Florida and being more particularly described as follows: 0 0 L BEGINNING at the southeast corner of Tract 2,Neighborhood Shoppes at Orangetree, la 8 according to the plat thereof as recorded in Plat Book 50,Pages 83 through 86(inclusive) a) of the public records of Collier County,Florida;thence South 89°34'10" West,along the z southerly boundary of said Tract 2,a distance of 15.00 feet;thence departing from the southerly boundary of said Tract 2,North 00°24'57"West,565.53 feet to a point on the 0, southerly boundary of Tract 1 of said plat;thence departing from the southerly boundary of said Tract 1,North 00°24'57"West,a-distance-of..374.01 feet to a point on a non- M tangential curve,the same being apo}knybnhei,n wterly boundary of said Tract 1; cm thence northeasterly,25.07 feet_ lon, -tthe northwesster-1&boundary of said Tract I and along the arc of a circular curvc,.concave northwesterly,lving,a radius of 2,957.79 feet, N through a central angle of p°29'011"-artdteing_subded b a chord that bears North o 36°20'07"East,25.07 feet'to a point on the easterly boundaryof said Tract 1;thence a South 00°24'57"East,along the , un if,Vi ct 1 a distance of 394.10 =feet to a point on the northcrl'b dart of siic xadenncce continue South 00°24'57" a East,along the easterly bpttn fa ot'-satd�T'ract. it,distance�of 565..52 feet to the POINT 0 OF BEGINNING. v - " / Containing 14,243 square feet 10.327 acres,more or less: .f,` 0 A ;; c (1) El? L a) co a) E a) Cl) to t1J a) tQ > a. W -a L 0 0 a) G a) E 0 to 4 FTLDOCS 6976337 2 2/9/16 Packet Pg. 3605 OR 5247 PG 388 17.C.f ai a) EXHIBIT"B" LEGAL DESCRIPTION OF PUBLIX PARCEL Collier County Property Appraiser Parcel Number 63810090043,being more particularly CL described as Tract 2,THE NEIGHBORHOOD SHOPPES AT ORANGETREE,according to the plat thereof,as recorded in Plat Book 50,Pages 83 through 86,Public Records of Collier County, -z Florida. 0 0 s L 0 0) Z ti M (0 M a. / _ — — 0 /1 _ \," e` i f":'::1 / , /i C a) a) L a7 fC C a) E a) U) Cu W a) Cu i 0 C3 L 0 a) C a) C) R) FTLDOCS 6976337 2 2/9/16 Packet Pg.3606 *** OR 5247 PG 389 *** 17.C.f • m N -. 15•F, cn EXHIBIT"C" c PUBLIX SITE PLAN Lo / 7 1, ' ii a// ` 0 � / � o //;/ /// i ce---�_ oo o // / ,y ''�g4 z j / // i i i ti F I I a'�,►ilk " / // • L• li• M I/ •/ /./ ,,' e , ..,, /, j...40. ....—.. j//..'" • ' .... at:o .cyst ��-i ¢I y 9 ; n' 1 , Z'' .:00, L*1 • " 4 ° . .. . / ♦t ti Or° d Olig ...4*° - '' - a O ►� 4f n "i'' r Ul ioli . .0tTvc. .. . . / . ti tr.t ,cgac>.��rr.leas•a•i�r°�er�wr• a1, 1 p• .Oe *a; 1x' `'> ,.. 'l �o i`'.WV 1._ -.:.:.l77.grar,,0 0/,L;. 1, .. N 'U IV / e.e.I \etc: sr.° t e. �' O rook, .,f,,, w .t .�, Y.tea*. ii lc=.` ° s!:1..1 t\ &O.'. cl...ilig_ r" Ain ....•••,.• I.1,0,,3 0 . ,,, IN . • - i c .C* IyJp/J' -ul�lSL9lAIv r � -•0 ....+c C3 -V N rfraf r.s7C80 E N S • 1 I 1 • 1 • 1 ,• 1 11 1 b 1 is 1 N 1 M 1 i• , 0) UJ 2 F. rt 'L 0. N L O U N C N E .c U t0 Q FTLDOCS 6976337 2 R 219116 Best Availar' " --- Packet Pg.3607 17.C.g Naples Daily News Wednesday,August 24,2016 1967 NOTICE OF PUBLIC HEARING Notice is hereby given that on September 13, 2016, in the Board of Cunty Third Floor, Collier Government Center,s 3299 Tamioners iami Trail Eag st, Naples FL., the Board of County Commissioners (BCC) will consider the E at 9:00 A.M.The title County fRthe proposed Resolution ion. The slas follows: ba� a) RESOLUTION NO.2016-_ _ 5 ru A RESOLUTION OF THE BOARD OF COUNTY c COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THE DRAINAGE EASEMENT a RECORDED IN OFFICIAL RECORD BOOK 3894,PAGES 780 N Q cu THROUGH 781 OF THE PUBLIC RECORDS OF COLLIER Q COUNTY, FLORIDA,LOCATED IN SECTION 22,TOWNSHIP 0 48 SOUTH, RANGE 27 EAST,COLLIER COUNTY,FLORIDA. a N (PETITION VAC-PL20150001568) -a O O A copy of the proposed Resolution is on file with the Clerk tote 0 Board and is available for inspection. All interested parties are c invited to attend and be heard. _c item must a� NOTE: All persons wishing to speak on any agendam register with the County manager prior to presentation of Z limited agenda to 3 m nutes on a addressed. Thendividual selection speakers any individual nd vidual .. to speak on behalf of an organization or group is encouraged. Z If recognized by the Chairman, a spokesperson for a group or M organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in c the Board agenda packets must submit said material a minimum o 0 of 3 weeks prior to the respective public hearing. In any case, G written materials intended to be considered by the Board shalti be submitted to the appropriate County staff a minimum of o presenttatiosnsrior beforrethe the Board wublic illrbe. All materials used in come a permanent part 0 of the record. as Any person who decides to appeal any decision of the Board - c as will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the c proceedings is made,which record includes the testimony and Q evidence upon which the appeal is based. If you are apersonwith adisability who needs any accommodation Q in order to participate in this proceeding, you are entitled, at e� no cost to you,to the provision of certain assistance. Please < contact the Collier County Facilities Management Division, m located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112- J 5356, (239) 252-8380, at least two days prior to the meeting. c Assisted s the Board of County Commissf Commissioners hearing are available E BOARD OF COUNTY COMMISSIONERS -a) U COLLIER COUNTY,FLORIDA E DONNA FIALA,CHAIRMAN B as DWIGHT E.BROCK,CLERK By: Martha L ) (SEAL) Deputy Clerk No.1193127 August 24&31,2016 Packet Pg. 3608 17.C.g NOTICE OF PUBLIC HEARING Notice is hereby given that on September 13, 2016, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center,3299 Tamiami Trail East,Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: m RESOLUTION NO.2016-___ °? te A RESOLUTION OF THE BOARD OF COUNTY a-, COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO c DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND c° THE PUBLIC INTEREST IN THE DRAINAGE EASEMENT 0 RECORDED IN OFFICIAL RECORD BOOK 3894, PAGES 780 65 THROUGH 781 OF THE PUBLIC RECORDS OF COLLIER N COUNTY, FLORIDA, LOCATED IN SECTION 22, TOWNSHIP N 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. Q. G (PETITION VAC-PL20150001568) o U) a- A copy of the proposed Resolution is on file with the Clerk to the o n) Board and is available for inspection. All interested parties are o a - invited to attend and be heard. L m o NOTE: All persons wishing to speak on any agenda item must Jo c register with the County manager prior to presentation of a� the agenda item to be addressed. Individual speakers will be • `= limited to 3 minutes on any item. The selection of any individual Z to speak on behalf of an organization or group is encouraged. .. w If recognized by the Chairman, a spokesperson for a group or N- organization may be allotted 10 minutes to speak on an item. N ,- o Persons wishing to have written or graphic materials included in O1 the Board agenda packets must submit said material a minimum 0 Z of 3 weeks prior to the respective public hearing. In any case, o .o written materials intended to be considered by the Board shall O be submitted to the appropriate County staffa-minimum of c.~-, N seven days prior to the public hearing. All materials used in to presentations before the Board will become a permanent part aa, of the record. GI CC gAny person who decides to appeal any decision of the Board c 2 will need a record of the proceedings pertaining thereto and Ftherefore, may need to ensure that a verbatim record of the a> F, proceedings is made,which record includes the testimony and a evidence upon which the appeal is based. If you area person with a disability who needs any accommodation a in order to participate in this proceeding, you are entitled, at 11-3 no cost to you, to the provision of certain assistance. Please a, contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East,Suite 101, Naples, FL 34112- ,g; 5356, (239) 252-8380, at least two days prior to the meeting. c Assisted listening devices for the hearing impaired are available a) in the Board of County Commissioners Office. t 0 BOARD OF COUNTY COMMISSIONERS 'a COLLIER COUNTY,FLORIDA 4 DONNA FIALA,CHAIRMAN DWIGHT E.BROCK,CLERK By: Martha Vergara,Deputy Clerk (SEAL) August 24&31,2016 No. 1193127 Packet Pg. 3609