Release of Utility Easement INSTR 5424653 OR 5411 PG 645
RECORDED 6/30/2017 3:47 PM PAGES 5
DWIGHT E. BUNK FLORR�OF THE CIRCUIT COURT
COLLIER CO
REC$44.00
RELEASE OF UTILITY EASEMENT
THIS RELEASE OF UTILITY EASEMENT is made this day of
J t e e , 2017 by the BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-
OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER
DISTRICT, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples,
Florida 34112 (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, County is the holder of that certain Utility Easement by and between
National Fairways, L.P., a Delaware limited partnership, authorized to do business in
the State of Florida as National Fairways, Ltd., by Fairways General Partner, its general
partner, and County and recorded on February 20, 1996 in Official Records Book 2150,
Pages 1006-1008 of the Public Records of Collier County, Florida (hereinafter referred
to as "Easement"), encumbering the premises legally described therein.
WHEREAS, NASSIF GOLF VENTURES, L.L.C., a Florida limited liability
company, d/b/a Hibiscus Golf Club (hereinafter referred to as "Owner"), whose mailing
address is 5375 Hibiscus Drive, Naples, FL 34113-7719, is the present owner of said
property as described in Exhibit "A" attached hereto and incorporated herein by virtue of
this reference.
WHEREAS, pursuant to the Major User Agreement for Delivery and Reuse of
Irrigation Quality (IQ) Water, dated August 24, 2015 and recorded in Official Records
Book 5192 at Page 1987, Section 13, states Owner is responsible to operate and
maintain all IQ facilities downstream of the Point of Delivery as described in Exhibit "B".
NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the County does hereby release the Utility Easement described in
Official Records Book 2150, Pages 1006-1008 of the Public Records of Collier County,
Florida.
IN WITNESS WHEREOF County has caused these presents to be executed in
its name by its Board of County Commissioners acting by the Chairman of said Board,
the day and year aforesaid.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY
AND EX-OFFICIO THE GOVERNING BOARD
OF THE COLLIER COUNTY WATER-SEWER
DISTRICT
BY:
Attest as to Chairman's ° Deputy Clerk PENNY TA OR, C =firman
signature only..
Approved as to form and ality:
'NTS CONVEYANCE ACCIPM IV TOW
`( SOAAD OF COUNTY COMMIS IONEDS,
Jennifer A. elpedio,Assi - •. ty Attorney A� � COLLIE* COUNTY,
,,TO AGFFLORIDA,PYffr. �� 3
S S DATED: ,_.T,2Q.�7 - . . C
5�,
y
• 2024758 OR: 2150 PG: 1006
cum ours
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UTILITY IAS to NI lore/
IOMICI RI ROOD
MUM
THIS EASEMENT, granted this > day of Ke—el , 1995, by
NATIONAL FAIRWAYS, L.P., a Delaware�mited partnersp, authorized
to do business in the State of Florida as National Fairways, Ltd.,
by Fairways General Partner, its general partner, who is duly
authorized to execute this easement, as Grantor, to the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING
BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, as
Grantee.
WITNESSETH: That the Grantor for and in consideration of the
sum of ten dollars ($10.00) and other valuable consideration paid
by the Grantee, receipt of which is hereby acknowledged, hereby
convoys, grants, bargains and sells unto the Grantee, its
successors and assigns, a perpetual, non-exclusive easement,
license, and privilege to enter upon and to install and maintain
utility facilities on the following described lands being located
in Collier County, Florida, to wit:
8 BIT 8
COu
TO HAVE AND H"' the same unto e rantee and its assigns,
together with the i• _ ;• se - 1 nd, excavate, and take
materials for he pi •onst uc ing, operating, and
maintaining util tyGr ntor and Grantee are
used for s 1 • t squires.
singula
�terra.
* these presents to
IN WITNESS �� , sed
be executed the •' and year fir itten
Witnesses: FAIRWAYS, L.P. a
r w re limited partnership
c?!-- ._ � -• •rized to do business in the
teesE C4% ate of Florida as National
grkrr f M., 1/1 Fairways, Ltd., by Fairways
Print Name of W tness General Partner, Inc., a
11 Delaware Corporation, its
S$71 L1/4-4,./fl s;1 C,,(c general partner.
v
Addressof Witness
4(1 / . BY:
t
W t" s Ylcd„, esident
of Fairways General Partner,
OiA — - 1; Inc.
t< Print Name of W tness
k.1 A• •ress of nese
STATE OF L iii
COUNTY OF SIAL. ____x
BEFORE ME, an officer duly authorized in the State and County
aforesaid to take acknowledgments, personally appearedNATIONAL
to AdL
FAIRWAYS, L.P., a Delaware Limited Partnership,
1
This doeurrioni oar*Md W
MM
o.rMr prt
IP i+g� � OR: 2150 PG: 1401
2- O,bus s in the State of Florida, by f �'� L ,hAj , as
Vtu&President, and on behalf of FAIRWAYS GENERAL P , INC., a
Delaware corporation, as its general partner, who is personally
known to me and who executed the same as general partner of
National Fairways, L.P. in the presence of two subscribing
witnesses, freely and voluntarily and under authority duly vested
in him, for the purposes therein stated.
WITNESS my h;nd and oft,iicial seal in the County and State last
aforesaid this 5 day of V k t1 , A.D., 1995.
(SEAL)
5
Notary Fbc
PriViterM efdafiff
of Notary
xv3RrA
No rysCertif�ic to No.LAMEAFL 3� /
My Commission Expires:
`P.11'V►Q OFFICIAL NOTA5T um
o
z curCMOLVN L OOMO
OOIere110M INIIINtII
THIS INSTRUMENT PREPARED BY: ; CC8788/8
JOHN H. KRUECKEBERG 74.
4or��o rA NMS
Krueckeberg & Licciar• Veil
4081 Tamiami Trail N- 0, =' e C-
Naples, Florida 3 r}�
(813) 261-3669
Florida Bar No. 7',O
'UR MsW3k177.015 .1111
T F C1V
2
' OR: 2150 PG: 1008 ft*
HIBISCUS GOLF COURSE
15 FOOT COLLIER COUNTY UTILITY EASEMENT(C.U.E. )
LEGAL DESCRIPTION
Commence at the Northwest corner of Tract A, Lely Golf Estates Tract
Map as recorded in Plat Book 8 Page 20 of the Public Records of
Collier County, Florida and run 589°32 ' 32"E for 107 . 44 feet to the
POINT OF BEGINNING of a 15 foot wide easement lying 7.5 feet on either
side of the following described centerline; thence run S44032 '3241
for 53. 11 feet; thence run S00.27'284W for 265.63
511.22'40"E for 101.75 feet; thence run 500.56'44"Ef for� 142.40 feet;'
thence run 507.40 '28"W for feet; thence run 810.08'25"W for
149. 01 feet; thence r •
808.36' 11"E for 59. 92 e�- for 238 . 17 feet; thence run
thence run S33 °10 '2 t;r •r 60. 79• �� S08.04 ' 15"W for 68. 37 feet;
160. 55 feet; � - ,�-�f.thence run S25•43 '23»W for
160.45'41"Wfor t7e. 4 un S03.50 ' 31" 18 . 88 feet; thence run
30045 run S27.2 �4 ; •�W - , then . ru 5►4.20'50"W for 23. 78 feet;
thencet . feet;runthe 4 6e . 16 =et; t ence run 542•01 ' 10"W for
567.36'00"W for 94 ..•/1.1- 125. 25 feet; thence run
867036 run 357.5 '5� f . t ( Si °51 '47" 4 for 48.44 feet;
then 5 test • th _ ►_ t: fe -hce run S231'37 '550111
4 for
857059 ,00"W for 5 n , 1 . 92 feet; thence run
feetrt to the - - in .. o ding.
Prepared by: �i `` 0
f' / 0--- L '"T
l E CSR
W Liam C. McAnly, P.L.S.
Florida Registered Land Surveyor
Registration No. 1543 , ,....
Dater / - �►
*** oR 5192 PG 2004 *** EXHIBIT
Page._ L_of
• • EXHIBIT D
•
Special Provisions
The District will construct a new IQ Water assembly near the northwest corner of the
• property near the intersection of Rattlesnake Hammock Road and Doral Circle in an easement
to be granted by User to District,as shown in Exhibit B. The existing assembly may be left in
place or removed by the District at the discretion of the User. District-owned equipment that
measures the water level of the pond into which the IQ Water flows and telemetry
p. equipment to transmit water level signals to a remote location shah remain at their current
. location.
•
The District will also relocate a portion of • e r main between Rattlesnake Hammock
Road and the canal to an alignment 7 y • User's western property line along
• Doral Circle and then as dose ash-r •3 . . . •int where it rejoins the
existing IQ Water line. User • , .rovide a tempor •. truction easement to
accommodate this work. Th •;"7.n of this line to be aba •on • will be physically isolated
from the active main by th- Di- . r ser • •.• , r- • ove a d di•• se of the abandoned
portion of the main.
In accordance with Sect .n
Is _� .r .'` . •1 .=. are in place,User will
own and be responsible • • . (-1
a• • iti s downstream of the
POD,exduding the afore f'' /"- - e-•• ur- -- =•• '>! •nsmitting equipment.
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