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Backup Documents 06/27/2017 Item #16C3 NAL ENTS EC IST & UTING YiiPrint � �I1/1) ORTO AC OMOPANY ALL OR GIINA DOCUMENTOS SENT TOLIP THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16 3 on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Ce‘2 \ I-) 2. BCC Office Board of County 4`i'" b j o��-`'`V7 Commissioners J(- �i l9" 3. Minutes and Records Clerk of Court's Office c—re— it 13 Di/1— 41: PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Cindy M. Erb Phone Number 239-252-8917 Contact/ Department Agenda Date Item wast/ Agenda Item Number �' ^ �y Approved by the BCC �Q � 7 p2,Q 17 u� '_ Type of Document \ \� /Number of Original Attached JKQ��.�.t. 1) '�'� \ �S`M\ / Documents Attached I t PO number or account Account: Fund , Cos Center , number if document is Object Code 649030, Project to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the N t Applicable column,whichever is Yes N/A(Not appropriate. (Initial App ` le) 1. Does the document require the chairma 's original ignature? �1('�' 2. Does the document need to be sent to ano ncy for additional signatures? If yes, N/A provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters,must be reviewed and signed ,¢ptic; by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's Q signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on (`,/..1 ) ,and all changes made during the meeting have been incorporated in the attached document. The .� County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Memorandum TO: Minutes & Records \ FROM: Cindy Erb, Property Acquisition Specialist, Sr., eal P •erty Management DATE: June 27, 2017 RE: Hibiscus Golf Club — Release of Utility Easement This item was accepted by the BCC on June 27, 2017, Agenda Item 16C3. Please attest to Commissioner Taylor's signature as Chairman on the Release of Utility Easement. Also, please forward the Release of Utility Easement to the Recording Department for recordation. A recording form is attached. Please contact me if you have any questions or comments at Extension 8917. Thank you! INSTR 5424653 OR 5411 PG 645 RECORDED 6/30/2017 3:47 PM PAGES 5 DVVIGH C(1s3=FN OF THE CIRCUIT COURT COLLIE R REC$44.00 RELEASE OF UTILITY EASEMENT 6 3 THIS RELEASE OF UTILITY EASEMENT is made this ,- I day of , 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 1 BY: 1 Attest as to Ghairman'S , Deputy Clerk PENNY TA OR, C ,irman signature only, Approved as to form and ality: MIS CONVEYANCE ACCEPI'E9 IVMI ``. ,\ ROAM OF COUNTY COMMISSIONERS, Jennifer A."-= Assi .•-ty Attorney a z:j �LIER CpUNTY= FLORIDA= — �1)✓ PURSUANT TAA G F Wt, / s � . 2024758 OR: 2150 PG: 1006 12/21/1i at 11:11All NM I. ME, CM IN-JI i1 cams 3.11 Ut1: UTILITY samamEl1''�'1MTl 1O 101 ITIIOflIQ ffl fL00! M1111 THIS EASEMENT, granted this L day of x , 1995, by NATIONAL FAIRWAYS, L.P., a Delaware-a- aited partnership, 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 conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain utility facilities on the following described lands being located in Collier County, Florida, to wit: TO HAVE AND • H• • the same unto • • rant•• and its assigns, together with the i. t� o e ter_..0;• sa . 1 nd, excavate, and take materials for he purp*Te of •onst•uc•ing, operating, and maintaining util ty -. liolik Gr ntor and Grantee are used for singula . l •1' a • t . •quires. IN WITNESS ~ i - , • -1 sed these presents to be executed the .fira -and year fir , • itten Witnesses: �' • - .y . FAIRWAYS, L.P., a • i re limited partnership !�; 'esti �� f F C[CZ`-Staterof Florida asized to do i Nationaness in l Q,his- 1- AA Fairways, Ltd., by Fairways Print Name of W tness General Partner, Inc., a 1� Delaware Corporation, its SY ii ki iTTE,,...s 1 CI,J; general partner. Address; of Witness k)- rJ,rf.. 1( ;}`i! )( 4 / . .. BY: W W t"• s of Fairways General resident Partner, Owl - ►: Inc. ZC Pr nt Name of W tness V A•*•ress o nese STATE OF I/0 i k, b/, COUNTY OF iA__4,,i Lam' BEFORE ME, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared NATIONAL FAIRWAYS, L.P., a Delaware Limited Partnership, authorized to do 1 Tt.k doar.wr*mow by low ea ....4046-,21 orri arm • OR: 2150 PG: 1007 1 6 C 3 .2 01 3- - businsss in the State of Florida, by �� ' t- - ' '� l hl �► , as U hv1 President, and on behalf of FAIRWAYS GENERAL P ER, INC.� , a Delaware corporation, as its general partner, vho 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 hand and official seal in the County and State last aforesaid this 5 day of \`tr1 , A.D., 1995. (SEAL) _ ` L rx3,d/ Notary141-it, PriNitatf10 of tazv Ad ss of Notary 03 /►)A?DEN LI 4E S ga TA Notary Certificate No. FL 31123/ My Commission Expires: ,'I••u&,omoua aiorma sw , ts Cum's l 000ep THIS INSTRUMENT PREPARED BY: 3 m8mesa 18 JOHN H. KRUECKEBERG — '?ofr�o YA �U0111"I I . Krueckeberg & Licciar. 7fft.16 4 081 Tamiami Trail NDN:, • - Naples, Florida (813) 261-3669 Florida Bar No. 71.0 �-----,J awn93n\9k:17.015 n II L 2 4 OR: 2150 PG, 1008 ttt -. 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 889.32 ' 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; for 53. 11 feet; thence run 800.27'28"W fors 265.63cfee et;n 8t thence run 811.22 '40"E for 101.75 feet; thence run 500.56'44"E 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�l� �,. ^ for 238 . 17 feet; thence run thence55 runtS33 .10 ' 2 .r 60. 79 ) S08.04 ' 15"W for 68. 37 feet; thence run S25.13 '23"W for 160.45'41"W ;f orthe . 4 un 503 .50 ' 31" f. 18 . 88 feet; then thence run ; thence run S27'2 ' 4 : "W . ru S►4.20' 50"W for 23. 78 feet feet;rnthe c : - 6. . 16 flet; t ence run 542.01 ' 10"W for 57. 38 '00"W for 94 i. •' 125. 25 feet; thence run thence run 557.5 ' S. f-. tPe� r Si *51 '43"W for 48.44 feet; thence feet; th _ ' tp -nce run S • " 1' . 4" Z3 37 55 W for $57'59 '00"W for 5 feet to the ding. feet; thence run E_\.+, din o ding. Prepared by; 0 / ) C4---t.- r:4'' ri _ c tiS W lies C. Mcltnly, P.L.S. Florida Registered Land Surveyor Registration No. 1543• Date: 44_:_-____:4/ - r *** OR 5192 PG 2004 *** Pagge_i_ of 1 - 1 6 C 3 • EXHIBIT D • Soedal Provisions j 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 equipment to transmit water level signals to a remote location shall remain at their current location. • • The District will also relocate a portion of r main between Rattlesnake Hammock • • Road and the canal to an alignmentac . •.bUser's western property line along Doral Circle and then as close as • :-73 7r . r• •-• . •. • int where it rejoins the • existing IQ Water line. User a , provide a tempor. • •• • truction easement to accommodate this work. Th '• : •n of this line to be aba •on • will be physically isolated • from the active main by th• Di- ser ser , , • r• • ove a d di•••se of the abandoned • portion of the main. In accordance with Sect n if is :� • • . •Ii _. are In place,User will own and be responsible t• •• ra e a• • fa• ki s downstream of the • POD,exduding the afore N • - . •• a-•• -- ur• • •• • I. .nsmitting equipment. VAN �� 711E CIRCA Page 18 of 18