UnCreekside IQ Water Main (Donation Agmt, Utility Easement) Folio #29331193049 & #29331193065 INSTR 5439477 OR 5424 PG 906
RECORDED 8/10/2017 11 28 AM PAGES 8
DWIGHT E BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$69.50
PROJECT:CREEKSIDE ID WATER MAIN
TAX ID NUMBERS: 29331193049(Tract 2)&29331193065(Tract 3)
ACCEPTED BY BCC PURSUANT TO RESOLUTION 2010-39
UTILITY EASEMENT
1.41-
THIS EASEMENT, made and entered into this 4 day of , 2017,
by CREEKSIDE COMMERCE PARK PROPERTY OWNERS' ASSOCI" TION, INC., a
Florida not-for-profit corporation, whose mailing address is 1370 Creekside Boulevard,
Naples. FL 34108-1945, 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, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida
34112-5356, its successors and assigns, as Grantee.
(Wherever used herein the terms "Grantor'. and "Grantee" include all the parties to this instrument and their
respective heirs, legal representatives, successors or assigns.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency 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 for utility purposes,
on the following described lands located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter
upon said land, excavate, and place or remove materials including, but not limited to, IQ
water irrigation lines and pipes, service, and other equipment or improvements thereto or
thereunder, for the purpose of constructing, operating, and maintaining utility facilities
thereon. All uses of said land not in conflict with the installation, operation and maintenance
of the proposed improvements are reserved to the Grantor, except that the Grantor shall
plant no trees on the Property, nor within eight (8) feet of the proposed improvements.
Grantor and Grantee are used for singular or plural, as the context requires. The easement
granted herein shall constitute easements running with the land and shall burden the lands
described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written,
WITNESSES: CREEKSIDE COMMERCE PARK
PROPERTY OWNERS' ASSOCIATION, INC.
a Florida not-for-profit corporation
_44\ k
Witness#1 (Signature)
‘‘i I
k I (ant C By: w
Witness#1 (Print Name) an Hall, Secretary - surer
A%jkt AAA. # A
Witness#2(Signatu )
a • •
, t .
itness# (Prin Name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Utility Easement was acknowledged before me this 51- day of
3 01 , 2017 by Dan Hall, as Secretaryffreasurer, on behalf of Creekside
Comme Park Property OwnersAssociation, Inc., a Florida not-for-profit corporation, who
is personally known to me or who has produced as identification.
iSk
WITNESS my hand and official seal this,7i day of 30\I , 2017.
(affix notarial seal) .1!)),A--) GUMA
(S 9—
i nature of Notary Public)
-krac.49.11 betva te
(Print Name of Notary Public)
ARACELIS DELVALLE NOTARY PUBLIC
* MY COMMISSION If FF 164559
EXPIRES:September 30,2018 Serial/Commission #: HIu9559
4PeoF OP Bonded Thru Budget Notary Services
My Commission Expires:
Approved as to form and legality.
IP IP
Jennifer Belpedio, AssiiiiCounty Attorney
(...\
r1\
-f-- -- e. a; 1 I -E f7
�1 �� nig , ?
LOT 14
CREEKSIDE STREET N90°00'00"E 2.44' II 1 CREEKSIDE COMMERCE PARK WEST- UNIT TWO
TRACT R(PER PLAT) (84S/S OF BEARING) I I R=25.00' PLAT BOOK 35, PAGE 43& 44
N90'00''O E 195.93' 0=47°33'00"
-r4 I CB=S66°13'30"E
l C=20.16'
POINT OF { L=20.75' .
1- N
BEGINNING I -J
ti
W 'n I I I
Uo I I p. I LOT 13
Z a 0 CREEKSIDE COMMERCE PARK WEST- UNIT TWO
LLJ 3 h 95'DR. ESM! 11 1 DB30 LPG2 I t I PLAT BOOK 35, PAGE 43& 44
2 V k"1 (OR882-PG1978) ( I
Y
O l3 — i I I
0 IL
O Q. 1 y I
Zo I -42I --1'A3
m 1
d e I g 'i I
z I - -A crw I w )0 p I
v 1 ��y A I � -.m
I m a' I a'- D
am t 3_` I
LOT 12
`" rn .P CREEKSIDE COMMERCE PARK WEST- UNIT TWO
I R* I ca'n I >CY' I PLAT BOOK 35, PAGE 43& 44
NI s 2 N I 1
A
1 I I
I I 1
I i
e 1 I I
I
( I 10'UE
( PLAT) I
i 1
1 I I LOT 11
0 25550 100 D I 1 1 CREEKSIDE COMMERCE PARK WEST- UNIT TWO
R (INTENDED DISPLAY SCALE:1'=1oo') 120'WIDE I 1 PLAT BOOK 35, PAGE 43&44
3 I I I
1 I I I
I I 1
I
)\
— ---- --- __----------
E 1 I _—
1 CREEKSIDE BOULEVARD A o
:el
I 1 TRACT R(PER PLAT) ± --
R=25.00'
I II A=53°07'36" ———
r + CB=S57°52'16'W\A - /
/
1 II C=22.36' // Xit4xMe
I 11 L=23.18' I X m
NOTES:
1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH
LINE OF TRACT 2, PLAT OF CREEKSIDE COMMERCE PARK THIS IS NOT A SURVEY
WEST-UNIT TWO, PLAT BOOK 35, PAGE 43 & 44, PUBLIC
RECORD OF COLDER COUNTY, FLORIDA, WHEREIN SAID
V NORTH LINE OF TRACT 2 BEARS NOO'00'00"E.
i 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS KEVIN M. RISCASSI (FOR THE FIRM LB-642)
N TO ZONING OR DEVELOPMENT RESTRICTIONS ON THE PROFESSIONAL SURVEYOR AND MAPPER
SUBJECT PARCEL. FLORIDA CERTIFICATE NO. 6433
, 3. PARCEL CONTAINS 13,195 SQUARE FEET DATE SIGNED:
§ (0.302 ACRES) MORE OR LESS. NOT VAUD WITHOUT THE SIGNATURE AND THE
4. NOT VALID WITHOUT DESCRIPTION ON SHEET 2 OF' 2 ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER,
JOHNSON ENGINEERING, INC.
2122 JOHNSON STREET
UTILI TY EASEMENT#2
P.O. BOX 1550 SKETCH TO ACCOMPANY DESCRIPTION
FORT MYERS. FLORIDA 33902-1550
PHONE: (239) 334-0046
ENGINEERING E.B. #642 & L.B. #642 0 May 30,2017�201970N-0871Fl2" 6.25 IShown J 1 of 2
n I'
,;2, 4
DESCRIPTION
A PARCEL OF LAND BEING PART OF TRACT 2 OF CREEKSIDE COMMERCE PARK WEST - UNIT
TWO RECORDED IN PLAT BOOK 35, PAGES 43 AND 44 IN THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA. LYING WITHIN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST. BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 2 ALSO BEING ON THE
SOUTH LINE OF TRACT R (CREEKSIDE PARKWAY) AS SHOWN IN SAID CREEKSIDE
COMMERCE PARK WEST - UNIT TWO THENCE RUN N90'00'00"E ALONG SAID LINE
FOR 195.93 FEET TO THE POINT OF BEGINNING.
FROM SAID POINT OF BEGINNING CONTINUE ALONG SAID LINE THE FOLLOWING TWO
(2) COURSES: N90'00'00"E FOR 2.44 FEET TO A POINT OF CURVATURE; THENCE
ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS OF 25.00 FEET, (DELTA
47'33'00") (CHORD BEARING S66'13'30"E) (CHORD DISTANCE 20.16 FEET) FOR
20.75 FEET TO AN INTERSECTION WITH A NON-TANGENT LINE ALSO BEING THE
WEST LINE OF A 5.00 FOOT WIDE FLORIDA POWER & LIGHT (FPL) EASEMENT
RECORDED IN OFFICIAL RECORDS BOOK 668, PAGE 383 IN SAID PUBLIC RECORDS;
THENCE RUN SO5'34'16"E ALONG SAID WEST LINE FOR 645.81 FEET TO AN
INTERSECTION WITH A NON-TANGENT CURVE AND THE NORTHERLY LINE OF SAID
TRACT R (CREEKSIDE BOULEVARD); THENCE ALONG THE NORTHERLY LINE OF SAID
TRACT R ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS OF 25.00 FEET,
(DELTA 53'07'36") (CHORD BEARING S57'52'16"W) (CHORD DISTANCE 22.36 FEET)
FOR 23.18 FEET TO AN INTERSECTION WITH A NON-TANGENT LINE; THENCE
DEPARTING THE NORTHERLY LINE OF SAID TRACT R RUN N05'34'16"W FOR 665.92
FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 13,195 SQUARE FEET OR 0.302 ACRES MORE OR LESS.
BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF TRACT 2, PLAT OF
• CREEKSIDE COMMERCE PARK WEST-UNIT TWO, PLAT BOOK 35, PAGE 43 & 44, PUBLIC
• RECORD OF COLLIER COUNTY, FLORIDA, WHEREIN SAID EAST LINE OF TRACT 2 BEARS
N90'00'00"E.
0
g
o NOT VALID WITHOUT SHEET 1 OF 2.
JOHNSON ENGINEERING. INC.
2122 JOHNSON STREET UTILITY EASEMENT#2
P.O. OX 1550 DESCRIPTION
FORT MYERS,
FLORIDA 33902-1550
PHONE: (239) 334-0046
ENGINEERINGEFB. #6429& LB. #642 DATE 24, 2017120149700-0871 27.48-25 (AAs Shown 'SHEET 2 of 2
-, 1—j 4 /II t)
11 CREEKSIDE BOULEVACT R RD o T
I1 S8TRA
9°49'08 E 20.OPER PST) T __—
——`r
I 4 __ _- --_—�-, 1
---r --- I -------- -1r \ I
1 II �/ �I o
I 11' 1 A I-
1 II m
Iit
I II
m
H 5'EPL ESM!. 2 11
1 Co Ii (oR668 Pc363) I2
co i- /
C N70
o
d. 0, // 0 25 50 100 Q
W / (INTENDED DISPLAY SCALE:1'=100') - C3
I'CO Cu,
T
TRACT 3
`� M 1 CREEKSIDE COMMERCE PARK WEST- UNIT TWO m
1 z \\ PLAT BOOK 35, PAGE 43&44 ul
1 co
I I1 20'WIDE LAKE EASEMENT 20'LADE.
1 r (PER PIAT) (PER PIAT)
85'DR. ESMI. 1 foo'FPC ESM II
(OR682-PG1978)I (DB3o PC17)
1 II 1
I 1
S05°33'55"E 20.68'
1
I IS80.49,4 7„E.509.32'
II
I I 1 \\N80°49'47"w 530.26'
II
- —UG/FJ.EC UG/ELEC UG/ElSC� \\ N
n
o �4t4E.0 —1
o�
N
1
1 \ I m
PERPETUAL NON-EXCLUSIVE POINT OF BEGINNING \ct I o
EASEMENT(CR1213-PG1216) .% ."y
POINT OF COMMENCEMENT \ 1 0 az
o SOUTHEAST CORNER OF TRACT 3 \ 1
CREEKSIDE COMMERCE PARK WEST - UNIT TWO
E PLAT BOOK 35, PAGE 43& 44
‘ I
Si PELICAN MARSH GOLF COURSE, PHASE THREE S
PLAT BOOK 25, PAGES 14-16 F,
I
AI
N
I
E.
e NOTES:
S 1. BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE
OF TRACT 3, PLAT OF CREEKSIDE COMMERCE PARK THIS IS NOT A SURVEY
WEST-UNIT TWO, PLAT BOOK 35, PAGE 43 & 44, PUBLIC
S RECORD OF COLLIER COUNTY, FLORIDA, WHEREIN SAID
EAST UNE OF TRACT 3 BEARS N05'33'55"W.
0
2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS KEVIN M. RISCASSI (FOR THE FIRM LB-642)
Frc TO ZONING OR DEVELOPMENT RESTRICTIONS ON THE PROFESSIONAL SURVEYOR AND MAPPER
SUBJECT PARCEL. FLORIDA CERTIFICATE NO. 643.3
5
e 3. PARCEL CONTAINS 18,234 SQUARE FEET DATE SIGNED:
o (0.418 ACRES) MORE OR LESS. NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
4. NOT VALID WITHOUT DESCRIPTION ON SHEET 2 OF 2. SURVEYOR AND MAPPER.
BIM= JOHNSON ENGINEERING, INC.
2122 JOHNSON STREET UTILITY EASEMENT#1
P.O. BOX 1550 SKETCH TO ACCOMPANY DESCRIPTION
FORT MttERS, FLORIDA 33902-1550
PHONE: (239) 334-0046
ENGINEERINGE.R. #6429&3L.B-/42 DATE
May 30.2077 9;0O-OB7 27-48-25 ' Shown ' `012
SAY
DESCRIPTION
A PARCEL OF LAND BEING PART OF TRACT 3 OF CREEKSIDE COMMERCE PARK WEST — UNIT
TWO RECORDED IN PLAT BOOK 35, PAGES 43 AND 44 IN THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA. LYING WITHIN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST. BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 3 ALSO BEING THE ON
WEST RIGHT—OF—WAY LINE OF GOODLETTE—FRANK ROAD (COUNTY ROAD 851)
THENCE RUN NO5'33'55"W ALONG THE EAST LINE OF SAID TRACT 3 AND THE
WEST LINE OF SAID RIGHT—OF—WAY FOR 196.7 FEET TO THE POINT OF BEGINNING
ALSO BEING THE NORTHEAST CORNER OF SAID EASEMENT.
FROM SAID POINT OF BEGINNING DEPARTING THE EAST LINE OF SAID TRACT 3 AND
THE WEST LINE OF SAID RIGHT—OF—WAY RUN N80'49'47"W FOR 530.26 FEET;
THENCE RUN NO4'38'05"W FOR 400.63 FEET TO AN INTERSECTION WITH THE
NORTH LINE OF SAID TRACT 3 ALSO BEING THE SOUTH LINE OF TRACT R
e (CREEKSIDE BOULEVARD) AS SHOWN IN SAID CREEKSIDE COMMERCE PARK WEST —
UNIT TWO; THENCE RUN S89'49'08"E ALONG THE SAID LINE FOR 20.07 FEET;
THENCE DEPARTING SAID LINE RUN SO4'38'05"E FOR 383.27 FEET; THENCE RUN
S80'49'47"E FOR 509.32 FEET TO THE EAST LINE OF SAID TRACT 3 AND THE
WEST LINE OF SAID GOODLETTE—FRANK ROAD RIGHT—OF—WAY; THENCE RUN
SO5'33'55"E ALONG SAID LINE FOR 20.68 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 18,234 SQUARE FEET OR 0.418 ACRES MORE OR LESS.
BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF TRACT 3, PLAT OF CREEKSIDE
COMMERCE PARK WEST—UNIT TWO, PLAT BOOK 35, PAGE 43 & 44, PUBLIC RECORD OF
COLLIER COUNTY, FLORIDA, WHEREIN SAID EAST LINE OF TRACT 3 BEARS NO5'33'55"W.
A
P
6
8
8
5
i
8
NOT VALID WITHOUT SHEET 1 OF 2.
JOHNSON JOHNSON ENGINEERING. INC.
2122 JOHNSON STREET UTILITY EASEMENT#1
P.o. LORA 33 DESCRIPTION
FORT MYERS. FLORIDA 33902-1550
PHONE: (239) 334-0046
ENGIN EERINGEFB. X6429&3L.B.-#642 29, 2017 PROJECT
0°9700-087 Fl27.48-25 SCALEA Shown SHEET of 2
UNANIMOUS WRITTEN CONSENT
OF THE BOARD OF DIRECTORS OF
CREEKSIDE COMMERCE PARK
PROPERTY OWNERS ASSOCIATION,INC.
The undersigned, being all of the members of the Board of Directors(the"Board")of
Creekside Commerce Park Property Owners Association, Inc., a Florida corporation (the
"Corporation"),acting in accordance with Florida Statutes,do hereby consent to, approve and
adopt the following resolutions and waive all notice thereto:
WHEREAS, the Board deems it desirable and in the best interest of the Corporation,that
in addition to the President and Vice President,to also grant the Secretary/Treasurer the power
and authority to execute documents on behalf of the Corporation;
NOW, THEREFORE, IT IS HEREBY:
RESOLVED,the Board hereby grants Dan Hall, as Secretary/Treasurer of the
Corporation,the power and authority to execute and deliver, in the name and on behalf of the
Corporation,those documents and instruments that he may deem necessary or appropriate on
behalf of the Corporation, without limitation.
FURTHER RESOLVED,that any and all actions heretofore taken by the officers of the
Corporation in the name and on behalf of the Corporation in furtherance of the preceding
resolutions are ratified, approved and adopted.
FURTHER RESOLVED,that this Unanimous Written Consent may be executed in any
number of counterparts, each of which shall be deemed an original,but all of which together
shall constitute one and the same consent.
FURTHER RESOLVED,that the officers of the Corporation be,and each hereby are,
authorized and directed to do,perform, or cause to be done and performed, all such acts and
things and to make, execute and deliver,or cause to be made, executed and delivered,all such
agreements, undertakings,documents,instruments or certificates in the name and on behalf of
the Corporation or otherwise as each officer may deem necessary or appropriate to effectuate or
carry out fully the purpose and intent of the foregoing resolutions,and that all such actions so
taken be and hereby are ratified, approved,confirmed and adopted.
IN WITNESS WHEREOF,the undersigned being all of the members of the Board of
Directors of the Corporation have executed this Unanimous Written Consent of the Board of
Directors of the Corporation on the o2►•r`day of 3L ,2017.
..r J
• hmieding, Pre•*den
,,,,tx,„,
..,,,,,,,,,
Kathy Sparrow, Vice President
i
I r, ecretary/Treas i -r
2
PROJECT;CREEKSIDE IQ WATER MAIN
TAX ID NUMBERS; 29331193049(Tract 2)&29331193065(Tract 3)
ACCEPTED BY BCC PURSUANT TO RESOLUTION 2010-39
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between CREEKSIDE COMMERCE PARK PROPERTY OWNERS'
ASSOCIATION, INC., a Florida not-for-profit corporation, (hereinafter referred to as
"Owner"), whose mailing address is 1370 Creekside Boulevard. Naples, FL 34108-1945, and
the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and
assigns, (hereinafter referred to as "County"), whose mailing address is 3335 Tamiami Trail
East, Suite 101, Naples, Florida 34112-5356.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual, non-
exclusive easement for the purpose of IQ water irrigation lines and pipes, service, and other
equipment or improvements, over, under, upon and across the lands described in Exhibit "A"
(said easement hereinafter referred to as the "Property"), which is attached hereto and made
a part of this Agreement;
WHEREAS, Owner desires to convey the Property to County for the stated purposes,
on the terms and conditions set forth herein; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property
to the County for the stated purposes, on the terms and conditions set forth herein, said
terms including that no compensation shall be due and payable for the Property requested by
County; and
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which is
hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. Owner shall convey the Property via a Utility Easement to County at no cost to the
County, unless otherwise stated herein.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Property upon their recording
in the public records of Collier County, Florida. Owner shall provide such instruments,
properly executed, to County on or before the date of Closing.
3. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date County executes this Agreement;
1
provided; however, that County shall have the unilateral right to extend the term of this
Agreement pending receipt of such instruments, properly executed, which either remove,
release or subordinate any and all such liens, encumbrances or qualifications affecting
County's enjoyment of the Property.
4, Owner is aware and understands that this Agreement is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
5. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws; that no
hazardous substances have been generated, stored, treated or transferred on the Property
except as specifically disclosed to the County; that the Owner has no knowledge of any spill
or environmental law violation on any property contiguous to or in the vicinity of the Property
to be conveyed to the County, that the Owner has not received notice and otherwise has no
knowledge of a) any spill on the Property, b) any existing or threatened environmental lien
against the Property or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Property. This provision
shall survive Closing and is not deemed satisfied by conveyance of title.
6. Owner shall indemnify, defend, save and hold harmless the County against and
from, and to reimburse the County with respect to, any and all damages, claims, liabilities,
laws, costs and expenses (including without limitation reasonable paralegal and attorney fees
and expenses whether in court, out of court, in bankruptcy or administrative proceedings or
on appeal), penalties or fines incurred by or asserted against the County by reason or arising
out of the breach of Owner's representation under Section 5. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
7. The County shall pay for all costs of recording the conveyance instrument, and
recording costs for any curative instruments, in the Public Records of Collier County, Florida.
County shall be responsible for paying any costs and/or fees associated with the securing
and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded
against the Property from the mortgagee(s). All other costs associated with this transaction
including but not limited to transfer, documentary and intangible taxes shall be borne and
paid by Owner. The cost of a title commitment shall be paid by County.
8. The Owner reserves rights to use the easement for sidewalk, landscaping and
detention area and other uses that do not violate rights otherwise granted by Owner to
County.
9. Owner shall plant no trees within eight (8) feet of the proposed improvements.
10. Maintenance of all sidewalks, landscaping and detention area, other uses shall be
the sole responsibility of Owner. Any damage to the property resulting from the IQ water
irrigation improvements, and maintenance activities, will be the responsibility of the County.
11. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
2
representatives, successors, successor trustees, and/or assignees, whenever the context so
requires or admits.
12. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written Agreement,
including all exhibits attached hereto, shall constitute the entire Agreement and
understanding of the parties, and there are no other prior or contemporaneous written or oral
agreements, undertakings, promises, warranties, or covenants not contained herein.
13. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Owner shall
make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of
the name and address of every person having a beneficial interest in the Property before the
Property held in such capacity is conveyed to County, its successors and assigns. (If the
corporation is registered with the Federal Securities Exchange Commission or registered
pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is
hereby exempt from the provisions of Chapter 286, Florida Statutes.)
14. This Agreement is governed and construed in accordance with the laws of the State
of Florida
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
DATE ACQUISITION APPROVED BY BCC: o.)a?� mZ 0 10 t ",• sl C-, 1 kill 1U- =>1
�0 , o' -- 3° r
AS TO COUNTY:
DATED: 04/,0)7
ATTEST: ' BOARD OF COUNTY C011i!IMISSIONERS,.
OF COLLIER COUNTY, FLORIDA, AS
DWIGHT E. BROCK, Clerk THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
' " 4V� GOVERNING BOARD OF THE COLLIER
iiikk 1r /k COUNTY WATER-SEWER DISTRICT
V Attest alto s ►e••uty i rk �:
,i
signature only. ,,��► 0
BY:
PENNY T OR, Ch-Oran
Approved as to form and legality:
Jennifer A. Belpedio, As•i nt County Attorney
�.
`\
AS TO OWNER:
DATED:
WITNESSES: CREEKSIDE COMMERCE PARK
PROPERTY OWNERS' ASSOCIATION, INC.
a Florida not-for-profit corporation
Witness#1 (Signature)
C L - By:
Witness#1 (Print Name) a Hall, Secretary/Treas er
ik al-----
Waness#2(S gnature)
Nt1T-C- CUL
Witness#2(Print Name)
Approved as to form and legality
Assistant County -.orney 0,
"
•
4
LOT 1q,,, �3W6► --+�..�
CREEKSIDE STREET N90°00'00"E 2.44' It I I CREEKSIDE COMMERCE PAR
TRACT R(PER PLAT) (945/s OF BEARING) It R=25.00' PLAT BOOK 35, PAGE 43& 44
N90'00'00"E 195.93' x=47°33'00"
CB=S66°13'30"E
—-
---- fi I C=20.16'
POINT OF L=20.75'
- Nod
BEGINNING J
ZLU � � 1 1
U o I � 6. 1 LOT 13
Z ti Li I „° I CREEKSIDE COMMERCE PARK WEST- UNIT TWO
LL.I L 3 h 95'DR. £SMT 1100'EPL ESAIi PLAT BOOK 35, PAGE 43& 44
Oo (OR882-PG1978) (0830-PG21) h o I
�`l�Ql I I I
U 1-g 1--- I 2
rn I I
02tQ 1 I I
Z a '4:8I ��, I c) 1
I � I �m I
a W I r 0 1oC)X, I
4.1
ct
I 'P,—t w I w A3 p I
v 1I m'32 ° rn 1 °'- m D I
fn
70 LOT 12
II i I CREEKSID£COMMERCE PARK WEST UNIT TWO
1 i I PLAT BOOK 35, PAG£43& 44
l A Z it,
I
1 I a I
I g I
I I
0 I I I
e I 10'UE(PER PUT) I
I
I 1 I LOT 11
0 25 50 100
(INTENDED DISPLAY SCALE:i'=100'0 I I I CREEKSIDE COMMERCE PARK WEST- UNIT TWO
R ) 120'WIDE 1 I PLAT BOOK 35, PAGE 43& 44
3 I 1 I
z 1 1 1
I I I
I -----
E --—.—.1--— I _--—
I CREEKSIDE BOULEVARD A o
1 I I TRACT R(PER PLAT) S
I I R=25.00' —
I A=53°07'36" ———
r -CB=S57°52'16'W\—
I II C=22.36' /// xmex°
I II L=23.18' I x,®
4
E NOTES:
. 1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH
LINE OF TRACT 2, PLAT OF CREEKSIDE COMMERCE PARK THIS IS NOT A SURVEY
WEST-UNIT TWO, PLAT BOOK 35, PAGE 43 & 44, PUBLIC
RECORD OF COLLIER COUNTY, FLORIDA, WHEREIN SAID
NORTH LINE OF TRACT 2 BEARS NO0'00'00'E.
T.
i 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS KEVIN M. RISCASSI (FOR THE FIRM LB-642)
TO ZONING OR DEVELOPMENT RESTRICTIONS ON THE PROFESSIONAL SURVEYOR AND MAPPER
SUBJECT PARCEL. FLORIDA CERTIFICATE NO. 6433
s
3. PARCEL CONTAINS 13,195 SQUARE FEET DATE SIGNED:
(0.302 ACRES) MORE OR LESS. NOT VALID WITHOUT THE SIGNATURE AND THE
4. NOT VALID WITHOUT DESCRIPTION ON SHEET 2 OF 2. ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
JOHNSON ENGINEERING, INC.
JO u \ 2122 JOHNSON STREET UTILITY EASEMENT#2
1 1 J -1 P.O. BOX 1550 SKETCH TO ACCOMPANY DESCRIPTION
FORT MYERS, FLORIDA 33902-1550
PHONE: (239) 334-0046
ENGINEERINGE.B. #6429& L.B. #642 0 3D.2517t2RRO PROJECT N48 25 'SCS Shown J of 2
"A 1(
"l
DESCRIPTION
A PARCEL OF LAND BEING PART OF TRACT 2 OF CREEKSIDE COMMERCE PARK WEST - UNIT
TWO RECORDED IN PLAT BOOK 35, PAGES 43 AND 44 IN THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA. LYING WITHIN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST. BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 2 ALSO BEING ON THE
SOUTH LINE OF TRACT R (CREEKSIDE PARKWAY) AS SHOWN IN SAID CREEKSIDE
COMMERCE PARK WEST - UNIT TWO THENCE RUN N90'00'00"E ALONG SAID LINE
FOR 195.93 FEET TO THE POINT OF BEGINNING.
FROM SAID POINT OF BEGINNING CONTINUE ALONG SAID LINE THE FOLLOWING TWO
(2) COURSES: N90'00'00"E FOR 2.44 FEET TO A POINT OF CURVATURE; THENCE
ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS OF 25.00 FEET, (DELTA
47'33'00") (CHORD BEARING S66'13'30"E) (CHORD DISTANCE 20.16 FEET) FOR
20.75 FEET TO AN INTERSECTION WITH A NON-TANGENT LINE ALSO BEING THE
WEST LINE OF A 5.00 FOOT WIDE FLORIDA POWER & LIGHT (FPL) EASEMENT
RECORDED IN OFFICIAL RECORDS BOOK 668, PAGE 383 IN SAID PUBLIC RECORDS;
THENCE RUN SO5'34'16"E ALONG SAID WEST LINE FOR 645.81 FEET TO AN
INTERSECTION WITH A NON-TANGENT CURVE AND THE NORTHERLY LINE OF SAID
TRACT R (CREEKSIDE BOULEVARD); THENCE ALONG THE NORTHERLY LINE OF SAID
TRACT R ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS OF 25.00 FEET,
(DELTA 53'07'36") (CHORD BEARING S57'52'16"W) (CHORD DISTANCE 22.36 FEET)
FOR 23.18 FEET TO AN INTERSECTION WITH A NON-TANGENT LINE; THENCE
DEPARTING THE NORTHERLY LINE OF SAID TRACT R RUN NO5'34'16"W FOR 665.92
FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 13,195 SQUARE FEET OR 0.302 ACRES MORE OR LESS.
BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF TRACT 2, PLAT OF
CREEKSIDE COMMERCE PARK WEST-UNIT TWO, PLAT BOOK 35, PAGE 43 & 44, PUBLIC
RECORD OF COLLIER COUNTY, FLORIDA, WHEREIN SAID EAST LINE OF TRACT 2 BEARS
N90'00'00"E.
A
rn
2
r'b
a
o NOT VALID WITHOUT SHEET 1 OF 2.
JOHNSONENGINEERING, INC.
2122 JOHNSON STREET
UTILITY EASEMENT
T#2JOH1 \ON P.O. BOX 3DESCRIPTIONFORT RS. FLORIDA 33902-1550
PHONE: (239) 334-0046
ENGINEERINGE.B. #6429&334-3661 LB. 4642 DATE 24,2017120149700-08727-48-25 'SCALE
Shown IS"E 2 of 2
_J y
alaligalaffilNir
III CREEKSIDE BOULEVARD o -
1 S89° 49'8 E 20.0RACT R 7
CREEKSIDE
PLAT) 's —
A
--t---- 1 ------ 1
I III �� \I o
1,71
I IAN
0
1 III
I II / e m
I 1--- 5'�-ES&J 2
1 io II (OR668 PG383)
I /
1 co
// 0 25 so 100 0
1 UI (INTENDED DISPLAY SCALE: =100') 0
I O Co O
in
I n
bp
TRACT 3 A
1 co 1 CREEKSIDE COMMERCE PARK WEST- UNIT TWO co
Za \ PLAT BOOK 35, PAGE 43& 44 co
Z N \
I II 20'WOE LAKE EASEMENT 20'LODE.
--t--°
(PER PLAT) (PER PLAT)
1 100'FPL ESM I I
85 DRPGB)I (0830-PG27) I
(CR682-
I I1
1
S05°33'55"E 20.68'
11
S80°49'47"E 509.32,
1 11 \\N80°49'47"W 53
--- lt_ r � 026' _ ,
I --
-uc/EIEc uc/EIECuc/F C—_
5 \
1'4 4Zeo
N
N I �4
= POINT OF BEGINNING c, I o
PERPETUAL NON-EXCLUSIVE '''''Z., I y
POINT OF COMMENCEMENT \ 1 z
SOUTHEAST CORNER OF TRACT 3 \ I
CREEKSIDE COMMERCE PARK WEST - UMT TWO
E PLAT BOOK 35, PAGE 43& 44
1I
PELICAN MARSH GOLF COURSE, PHASE THREE 2
PLAT BOOK 25, PAGES 14-16 F
1
.` 1
A I
m1
1
n
N
NOTES:
.g• 1. BEARINGS SHOWN HEREON ARE BASED ON THE EAST UNE THIS IS NOT A SURVEY
OF TRACT 3, PLAT OF CREEKSIDE COMMERCE PARK
S WEST—UNIT 1WO, PLAT BOOK 35, PAGE 43 & 44, PUBLIC
8 RECORD OF COLLIER COUNTY, FLORIDA, WHEREIN SAID
EAST UNE OF TRACT 3 BEARS N05'33'55"W.
4'
G
2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS KEVIN M. RISCASSI (FOR THE FIRM LB-642)
S TO ZONING OR DEVELOPMENT RESTRICTIONS ON THE PROFESSIONAL SURVEYOR AND MAPPER
% SUBJECT PARCEL. FLORIDA CERTIFICATE NO. 6433
3. PARCEL CONTAINS 18,234 SQUARE FEET DATE SIGNED:
(0.418 ACRES) MORE OR LESS. NOT VALID WITHOUT THE SIGNATURE AND THE
4. NOT VALID WITHOUT DESCRIPTION ON SHEET 2 OF 2. ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
JOHNSON ENGINEERING. INC.
J��u [�,T 2122 JOHNSON STREET UTILITY EASEMENT#1
SKETCH
j j ` ` v P.O. BOX tsso TO ACCOMPANY DESCRIPTION
FORT MYERS, FLORIDA 33902-1550
PHONE: (239) 334-0046
ENGINEERING 0.9# 2(239) LB.#642 °I 30.20171201 9700.0871 2 -48-25 ISALEShown r 1 of 2
,� J
4 rf
DESCRIPTION
A PARCEL OF LAND BEING PART OF TRACT 3 OF CREEKSIDE COMMERCE PARK WEST - UNIT
TWO RECORDED IN PLAT BOOK 35, PAGES 43 AND 44 IN THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA. LYING WITHIN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST. BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 3 ALSO BEING THE ON
WEST RIGHT-OF-WAY LINE OF GOODLETTE-FRANK ROAD (COUNTY ROAD 851)
THENCE RUN NO5'33'55"W ALONG THE EAST LINE OF SAID TRACT 3 AND THE
WEST LINE OF SAID RIGHT-OF-WAY FOR 196.7 FEET TO THE POINT OF BEGINNING
ALSO BEING THE NORTHEAST CORNER OF SAID EASEMENT.
FROM SAID POINT OF BEGINNING DEPARTING THE EAST LINE OF SAID TRACT 3 AND
THE WEST LINE OF SAID RIGHT-OF-WAY RUN N80'49'47"W FOR 530.26 FEET;
THENCE RUN NO4'38'05"W FOR 400.63 FEET TO AN INTERSECTION WITH THE
NORTH LINE OF SAID TRACT 3 ALSO BEING THE SOUTH LINE OF TRACT R
(CREEKSIDE BOULEVARD) AS SHOWN IN SAID CREEKSIDE COMMERCE PARK WEST -
UNIT TWO; THENCE RUN S89'49'08"E ALONG THE SAID LINE FOR 20.07 FEET;
THENCE DEPARTING SAID LINE RUN SO4'38'05"E FOR 383.27 FEET; THENCE RUN
580'49'47"E FOR 509.32 FEET TO THE EAST LINE OF SAID TRACT 3 AND THE
WEST LINE OF SAID GOODLETTE-FRANK ROAD RIGHT-OF-WAY; THENCE RUN
SO5'33'55"E ALONG SAID LINE FOR 20.68 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 18,234 SQUARE FEET OR 0.418 ACRES MORE OR LESS.
BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF TRACT 3, PLAT OF CREEKSIDE
COMMERCE PARK WEST-UNIT TWO, PLAT BOOK 35, PAGE 43 & 44, PUBLIC RECORD OF
COLLIER COUNTY, FLORIDA, WHEREIN SAID EAST LINE OF TRACT 3 BEARS NO5'33'55"W.
N
Q
NOT VALID WITHOUT SHEET 1 OF 2.
JOHNSON ENGINEERING, INC.
2122 JOHNSON STREET UTILITY EASEMENT#1
P.O. Bax 1550 DESCRIPTION
FORT MYERS. FLORIDA 33902-1550
PHONE: (239) 334-0046
ENGIN EERINGEFB. #6429 3L.B.-#642L.B. 29, 2017 PROJECT
0;9700-087 Fl27.48-25 SCALE SHEET of 2