F.G.U.A.Memorandum
TO:
FROM:
Minutes & Records Management
Hans Russell
Property Acquisition Specialist
Real Estate Services
DATE:
RE:
November 6, 2003
Golden Gate Community Center Annex
Conveyance of Utility Easement to F.G.U.A.
Please find attached for the above referenced project:
--One (1) original recorded Utility Easement.
--One (1) original recorded Deed/Bill of Sale.
--One (1) original recorded Water Utility Infrastructure Conveyance and
Service Agreement.
The Board of County Commissioners of Collier County, Florida approved
transaction on January 28, 2003, Item 16(D)l.
Please contact me if you have any questions or comments at Extension 2623.
Thank you.
Attachment as stated
this
CC:
Property Appraiser's Office w/attachments
Inventory File w/attachments
Retn:
REAL ESTATE SERVICES
EXT 2623/HANS RUSSELL
INTER OPPICE
3261.451 OR: 3399 PG: 2351
RECORDED in the OP~ICIAL RECORDS of COLLIER COUNTY, ~L
09/17/2003 at 12:58PM DWIGHT E. BROCK, CLERK
REC FEE
DOC-.70
COPIES
10,50
,70
UTILITY EASEMENT
THIS EASEMENT, granted this ,,2~,7~day of March, 2003, by COLLIER COUNTY, a political
subdivision of the State of Florida as Grantor to the FLORIDA GOVERNMENTAL UTILITY
AUTHORITY, a legal entity and public body created by interlocal agreement pursuant to Section
163.01 (7), Florida Statutes, 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 and privilege to enter upon and to install, operate and maintain
utility facilities, on the following described lands being located in Collier County, Florida, to wit:
See attached Exhibit "A" which is incorporated herein by reference.
TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right
to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and
maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the
context requires.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date
and year first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
E~,:
', ':;, DeputY.Cl¢s~k
Prepa'r;~ ~}":'~h0:~as C. Palmer ¢¢
Office of the County AEorney
3301 Tamiami Trail East
Naples, Florida, 34104
BOARD OF COUNTY COMMISSIONERS
COLLIER~NTY~~RIDA ,
By:
'-'"'~ e~ i n g,VC hai rma n'~/
~ CONVEYANCE APPROVED BY THE
BOAI:ID OF COUNTY COMMISSIONERS,
COI. L.IER COUNTY, FLORIDA,
~T TO THE PROVISION8
o¢,,%&E~ O~ rr'E.~ NO../'(" Z~ I
N X / ss6'3,'24"w C:) .
~ O~T / ~ ~6.82 ~ '
J~HIBIT ~ ~ ~ ~'~ /
~ ~ S60'25'07"W
'X~, S54'15'05"W
LEGAL DESCRIPTION
A ~N (10) FOOT ~DE WA~R UNE EASEMENT L~ING IN GOL~ G~ ~
UNIT ~ ACCORDING TO THE ~LAT THEREOF AND AS RECORDED JN PLAT '~
BOOK 5 PAGES 107 ~ROUGH 116 PUBLIC RECORDS OF COLLIER COUNTY. ~
FLORIDA, SAID ~N-FOOT (10') ~DE EASEMENT L~NG 5.00 FEET ON EACH ~ N~ · .
SIDE OF ~E FOLLO~NG DESCRIBED CEN~RUNES; ~ ~ N N ~/
~ARKWAY AND SUNSHINE BOU~VARD OF ~E AFOR~EN~ONED -N ~N ~
GOLDEN GA~ UNIT ~, AND THE BEGINNING OF A CUR~ CONCAVE 'N ~ N ~] I
EAS~RLY AND WHOSE RADIUS BEARS NORTH 59'27'20" EAST A ~ ~ ........... I ~ S89'4g'23'W
~ ~z ~m ]u .J 108.58
DISTANCE OF 1100.00 ~ET; N ~ ' I
2B 91
~ENCE NORTH~S~RLY AND NOR~ERLY ALONG ~E ARC OF SAID - ' ~ J ·
CUR~ AND ALONG ~E CEN~RLINE OF SAID SUNSHINE BOU~VARD N ~ N ~N J
~ROUGH A CEN~AL ANGLE OF 26~1'50" AN ARC DISTANCE OF ~ ~ ~ ]
502.95 FEET; -~ ~ / ~ L POINT "A"
~ENCE LEA~NG SAID CENTER UNE SOUm 85'~g'10" ~Sr A ~POT h ~
DISTANCE OF 53.00 FEET TO mE POINT OF BE~mNNIN~ OF mE PARCEL~ ~ =~8 '
~ENCE SOUTH 89'~0'23" ~ST A DISTANCE OF 298.31 FEET TO POINT X
"~"; ~ =~ 0
~ENCE SOu~ 32'35'10" ~ST A DISTANCE OF 28.91 FEET TO ~E ~ ~
POINT OF ~RMINUS OF ~E CEN~RUNE HEREIN DESCRIBED; ~ ~ ~ ~ J ~
89'~0'23" ~ST A DISTANCE OF 108.58 FEET; ~ ~ ~ ~
~ENCE S~TH ~'IS'05~ST A DISTANCE OF 16~.60 ~ET; ~ o J I , ~ ·
~ENCE S~TH 6~2,~7"t'~EST A 01STANCE 0F ~0.91 FEET; '~ ~ I I ~,
~ENG[ S~t~fi~',~ ~WE~- A DISTANCE OF 1~.12 FEET TO ~E ~ ~ I I ~ S~9'~0'2}"W
POIN~R~S' ~. CE~RLINE HEREIN DESCRIBED; ~ m J;~ ~ .....
:,, '.,~T~'E~S~A~ ~m!C~ONS OF RECORD; I ,. ~ J
- ' ':"~ - , "' ~ -~' L ~ ~tO00 WATERLINE
':':-'~OLDEN~::~EtP~.~Y;..,,~,. ~, AND SUNSHINE BLVD ~ // /, ~ 5~.oa
/"~.'~.?~ ~, ~';:?< 'T:~. ~ ~ POINT OF BEGINNI
OX ~ ~ ~ s ~ ~ ~ SUNSHINE BLVD (106' R.O. m)
'~ l~ ,~'~ 0~' ~ ~ ~
~ ~/ ~ ~ 1. DIMENSIONS ARE IN ~T AND D~CI~ALS
X / ~ / / ~ = DELTA ANG~ , R = RADIUS, A = ARC DISTANCE,
~ / ~ / CH = CHORD D/STANCE AND CHB = CHORD BEARING
NOT A SURVEY
~ ~ PLAT BOOK 5, PAGES 107-116, COLLIER COUNTY,
CDr: COL R project: GOLDEN
Ititle:
SKETCH DESC TION OF A 10' EASE NT
mmmmm~
Immi Jdate:
IIII~fiNOL[ c~tiri,,te of Au~ori,ation Nos. LB 3664 and ~B 3664 FEBRUARY 4, 2003
IIIII~
mmmmm Fax: (941)566-2203
IIIIi~ARBER & sco{e: book:
IIIIII~RUNDAGE,
P~ofessional e~ineers, planners, & la~d surveyors project ~1~2 ocod:
Collier County: Suite 200, 7400 Ta~ia~i Trail, North; Naples, FL 34i08 (94t)59?-~ilt
Lee County: SuiLe 101, 1625 Heudr~ Street, Fort ~sers, FL 3390i (941)337-3111 '~-S~ [~ch:
Retn:
REAL ESTATE SERVICES
EXT 2623/HANS RUSSELL
INTER OFFICE
3261452 OR: 3399 PG: 2353
RECORDED inche OFFICIAL RECORDS of COLLIER COUNTY, FL
09/17/2003 at 12:58PM DWIGHT E, BROCK, CLERK
REC FEE
DOC-,70
COPIES
10.50
.70
2,00
DEED/BILL OF SALE
THIS DEED AND BILL OF SALE evidencing the sale and conveyance of the water utility
facilities described herein is made this~,~..Y:~,_ day of March, 2003, by COLLIER COUNTY, a political
subdivision of the State of Florida (hereinafter referred to as "Seller"), and the FLORIDA
GOVERNMENTAL UTILITY AUTHORITY, a legal entity and public body created by interlocal
agreement pursuant to Section 163.01 (7), Florida Statutes, its successors and assigns, (hereinafter
referred to as "Buyer").
WITNESSETH:
That Seller, for and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration to Seller in hand paid by Buyer, the receipt of which is hereby acknowledged,
does hereby grant, bargain, sell, transfer, set over and deliver unto Buyer, and Buyer's heirs,
successors and assigns forever, all those certain water utility facilities lying within the following
described land, situate, lying and being in Collier County, Florida, to wit:
See Exhibit "A" attached hereto and incorporated by reference herein.
The Seller, for itself and its successors, hereby covenants to and with Buyer and its
successors and assigns that it is the lawful owner of the said utility facilities, herein referred to as
utility facilities; that said utility facilities are free from all liens and encumbrances; that Seller has
good right, title and authority to sell same to Buyer, and that Seller will warrant and defend the title to
same against the lawful claims and demands of all persons or entities whomsoever. Seller and
Buyer are used for singular or plural, as the context requires.
IN WITNESS WHEREOF, SELLER has caused these presents to be executed the date and
year first above written.
ATTEST:
DWIGHT El BROCK, Clerk
By~ ~) ~''
", ' Dep~/Clerk
Prep¢,ed by: Tho. m.'&s C. Palmer '~"~¢
~ ~ c:,.;'~.~A . Of.f'ice of the County Attorney
3301 Tamiami Trail East
Naples, Florida 34104
BOARD OF COUNTY COMMISSIONERS
~ ~'l~'~ing,~Dhairman
~ OONVLiW'ANCE APPROVED BY THE
BOAR~ OF COUNTY COMMISSIONERS,
COLUER COUNTY, FLORIDA~
~ TO THE PROVISION8
'x~ s54'~ 5'05"w
X~~ 164.60
LEGAL DESCRIPTION
A ~N (10) FOOT ~DE WATER UNE EASEMENT LYING IN GOLDEN GA~ ~, ~
BOOK 5 PAGES 107 ~ROUG' ~16 PUBLIC RECORDS OF COLLIER COU~. ~.
COMMENCING AT ~E CEN~RLINE IN~RSEC~ON OF GOLO~ GA~ kX ~ ~ , I ,
PARKWAY AND SUNSHINE BOU~VARD OF ~E AFOREMEN~ONED ~ O~ ~ i I
GOLDEN GATE UNIT ~ AND THE BEGINNING OF A CUR~ CONCAVE . ~ ~
EAS~RLY AND WHOS~ RADIUS BEARS NORTH 5g'2T20" EAST A x. ~ ' , , . I ~
S89'~O'23"W
DISTANCE OF 1100.00 ~ET; ~ ~ S}2 35 ~0 ,W Ii I 10&Sa
~ENCE NORTH~S~RLY AND NOR~ERLY ALONG ~E ARC OF SAID , 28.91 ~ I ·
CURVE AND ALONG ~E CEN~RLINE OF SAID SUNSHINE BOULEVARD ', ~ ~ ~
~ROUGH A CEN~AL ANGLE OF 26~1'50" AN ARC DISTANCE 0F '~ ~
502.95 FEET; '~ C / x~ L POINT "A"
~ENCE LEA~NG SAID CEN~R UNE SOU~ 85']9'10" ~ST A ~POT h ~x
HEREIN DISTANCE OF 53.00 FEET TO ~E POINT OF BEGINNING OF ~E PARCEL BEING DESCRIBED;~ ~ ~ =~8', ~ ~ I~~ I '
~ENCE SOUTH 89'40'2~" WE~T A DIgTANCE OF 298.31 FEET TO POINT
' m I
"A"; ~ X O
POINT OF ~INUS O~ ~E CE~RUNE HEREIN DESCRIBED; ~ ' O ~
mENCE BEdI~ING~ ~:~;~AFO~ENTIONED POINT "A" SOUTH ~ ~ ~ I
~NCE S'~[[¥: ~7[,:~'¢AV~TANCE OF ~0.91 FEET; ~ qI I ~
: ~ENC~S~E~:',[I:] ['~,~DI~NCE OF 1~.12 FEET TO ~E ~ u ~
'POINT 0F. ~'N~ ~ ~R'~RL~' HEREIN DESCRIBED' ~ ~ I I ~ sBg'~o'25"W
~: - " ~ .' ::,:~ .... :;' n', / Z~l 1298.31
'.' 00N~A1NiNGqA'.~T~ ]~ ~O~E' ~ET OF LAND MORE OR LESS; ~ ~l ~
"SU~bEC~,~gA~ N~':6~..~mIC~0~ OF RECORD ~
- , . ~ ~ ~ 10.00' ~ATgRLINE
'C. CEN~ t' ~ERSEcTION OF 7I
GO'LDEN::G~TE AND SUNSHINE BLVD ~'
~ POINT OF BEGINNING
1
oX / u ~ ~ / ~ ~ SUNSHINE BLVD (106' R.O.
/
k /0 / ~ 2. CURVE DIMENSIONS ARE AS FOLLOW:
-- /~ ~ / / ~ = DELTA ANOLE , R = RADIUS, A = ARC DISTANCE,
,~/ / -~ ~ / CH = CHORD DISTANCE AND Crib = CHORD BEARING
3. R.O.W. = RIGHT-OF-WAY.
~ ~ / **NOT A SURVEY**~. P.O.T.=POINTOF ~RMINUS_
5. BEARINGS ARE BASED ON GQLGEN GATE UNIT 4
PLAT BQQK 5, PAGES 107-116, COLLIER CQUNT~,
fo : COLLAR project: GOLDEN
tiue: SKFTCH ~ DESC~ION OF A 10' ~E WA~~ EASE~NT
IIIII~
IIII~ d~te:
IIII~O~[ C.~Hfi~I~ .r ~.~.~=~U.. ~.~. ~ ~ ... ~ S.~ KEDRUARV ~, 2003
IIIII~
IIIII~ ~-~: (DtI)~-~0~
IIIIID~ ~ scol~: book:
!ii!i! aONDACE, ,Nc. 1"= 100" page:
Pro~essio~al e~eers, piasters, & la~d surveyors project 81 72 acad:
Collier C~u~L]: Suite [00, ?lO0 T~J~i [r~il, ~ort~; ~la~, ~L ~IO8 (gll)~?-~lIl
Retn:
REAL ESTATE SERVICES
EKT 2623/HANS RUSSELL
INTRR O~FICE
3261453 OR: 3399 PG: 2355
RECORDED in t~e OFFICJAL RECORDS of COLLIER COUNTY, FL
09/17/2003 at 12:58PR DWIGHT E. BROCK, CLERK
WATER UTILITY INFRASTRUCTURE
CONVEYANCE AND SERVICE AGREE~IENT
REC FEE
COPIES
37.50
8,00
TkfIS AGREEMENT made and entered into this ~ [qt day of
~d~¢~~ , 2003, by and between the Florida Governmental
Utility A~thority, a legal entity and public body created by
interlocal agreement pursuant to section 163.01(7), Florida
Statutes ("FGUA"), and Collier County, a political subdivision of
the State of Florida (hereinafter referred to as "County").
RECITALS
WHEREAS, County owns certain property in Collier County,
Florida as shown and described in EXHIBIT "A" attached hereto and
made a part hereof ("Property"), to be developed as the Golden
Gate Community Park Annex ("Project"); and
WHEREAS, County has requested FGUA to accept certain water
facilities to be constructed by County on the Property, in order
to provide potable water services to the Property, for ownership,
operation and maintenance; and
WHEREAS, FGUA has agreed to accept such certain water
facilities upon completion of same to the standards and
requirements of the FGUA as outlined in all FGUA policies and
procedures, including the FGUA Water and Sewer Service Extension
Policy, as amended.
NOW, THEREFORE, in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration exchanged
amongst the parties, the parties hereto covenant and agree that
the above recitals are true and correct and further covenant and
agree, each with the other as follows:
ARTICLE I
The County as a party to this Agreement hereby covenants and
agrees as follows:
1. To construct in accordance with all FGUA policies and
procedures all the necessary water distribution facilities within
the Property necessary to provide potable water services to the
Property.
2. That the construction of the water distribution
facilities shall be in accordance with plans, specifications and
engineering data prepared by a Florida registered professional
OR: 3399 PG: 2356
engineer and approved by all appropriate regulatory agencies and
the FGUA's authorized representatives. Said water distribution
facilities shall be connected to the FGUA's existing systems at
the points as specified by the FGUA's authorized representatives
and as agreed by both parties. Any deviation from the approved
plans and specifications shall require the prior approval in
writing of the FGUA's Director of Engineering, Operations and
Planning or his authorized representative.
3. To retain the services of a Florida registered
professional engineer for the purpose of providing necessary
inspection and supervision of the construction work to insure
that construction is at all times in compliance with accepted
sanitary engineering practices and approved plans and
specifications.
4. To provide shop drawings and catalog information of the
materials and equipment to be installed for FGUA approval. No
construction shall commence until the shop drawings, plans and
specifications are approved in writing by the FGUA's Director of
Engineering, Operations and Planning or his authorized
representative.
5. A preconstruction meeting with FGUA's Director of
Engineering, Operations and Planning or his authorized
representative, County, or County's engineer and contractor shall
be held prior to construction commencement.
6. To grant FGUA's representatives free access to the
materials and the work site at all times for the purpose of
inspecting same.
7. To notify FGUA before any construction is begun and at
the time when inspections will be required. Said notification
shall be made in writing and shall be received by FGUA at least
forty-eight (48) hours in advance of the time construction will
begin or inspections required.
8. At the time when periodic inspections are required,
FGUA's authorized representative, together with County's
engineer, will be present to observe and jointly witness tests
for determination of conformance to approve plans and
specifications.
9. County, during the warranty period, shall promptly
correct defective work upon notification by FGUA. Should County
fail to do so within seven (7) days after written notice, FGUA
may correct and remedy any such deficiency. Ail direct and
indirect costs of FGUA shall be charged against County.
2
OR: 3399 PG: 2357
10. County's obligation to perform and complete the work in
accordance with this Agreement shall be absolute. Neither any
act of acceptance by FGUA nor any failure to do so will
constitute a release nor waiver of County's obligation to comply
with all requirements set forth in this Agreement.
11. FGUA shall not be required to provide water or
wastewater service, except for construction water, to any area
encompassed under this Agreement unless utility installation in
that area has been completed, tested, certified, approved and
accepted by FGUA, and County has provided as-built drawings and
related documentation. Should construction water be required,
County shall pay at the current rate charged to commercial
customers in the service area. Ail construction water shall be
metered.
12. To the extent permitted by law, County will indemnify
and hold harmless the FGUA from any and all liabilities incurred
during the construction and development of the water facilities
to service the Project, including all contractors and
subcontractors. Additionally, County will require all contractors
and subcontractors providing work on the Property to name the
FGUA as an additional insured party on parity with the County.
13. To pay all FGUA Capacity Impact Fees, physical
connection charges and all other FGUA fees and charges, after the
computation of credits, if any, as provided in FGUA resolutions,
policies and procedures.
14. To fully remedy and correct at County's sole expense
any title defects affecting the FGUA's rights, incorrect
easements, faulty legal descriptions or other such problems.
ARTICLE II
Upon completion, approval and acceptance of the
required to be done, County shall without cost to FGUA:
work
1. Convey to FGUA and its successors and assigns by good
and sufficient easement deed, in a form satisfactory to FGUA, a
non-exclusive perpetual right, easement and privilege to own,
operate, maintain, repair and replace water mains, connections,
pumps and meters within granted easements and secure from each
mortgagee and lienor a release or subordination of mortgagee's
and lienor's interest in the easement and fixtures thereon for
so long as the easement is used for the ownership, operation,
maintenance, repair or replacement of water mains, pipes,
connections, pumps and meters within the easement.
OR: 3399 PG: 2358
2. Transfer in fee simple to FGUA by Bill of Sale all
County's right, title and interest in and to all of the water
facilities, mains, pumps, connections, pipes, valves, meters and
equipment installed within granted easements and rights-of-way as
provided for in the plans and specifications to be prepared
pursuant to Paragraph (1) above for the purpose of supplying
water service within the Property.
3. Furnish FGUA with an affidavit that all persons, firms
or corporation who furnished labor or material used directly or
indirectly in the prosecution of the work required to be
performed by this Agreement have been paid in full.
4. Furnish FGUA with Releases of Lien from all contractors
and suppliers of materials and/or labor who might have acquired
an interest in the installations by the supplying of materials
and/or labor or otherwise.
5. Furnish FGUA with a Final Release of Lien releasing all
liens which County might have on the works/installations.
6. Furnish FGUA with all manufacturers' warranties which
County might have received or is due to receive on any part of
the installations.
7. Furnish FGUA with a satisfactory warranty, letter of
credit or security bond guaranteeing installation pursuant to
this Agreement against defects in material, equipment or
construction for a period of not less than one (1) year from date
of acceptance of same by FGUA.
8. Furnish FGUA with contractors certifications stating
the cost of the installations due under this Agreement.
9. Ail documents defined in this Article shall be in such
form as approved by FGUA.
ARTICLE III
The FGUA and County hereby covenant and agree as follows:
1. The provisions of this Agreement shall be binding upon
and inure to the benefit of successors and assigns in title to
the Property.
2. County, its successors and assigns, and the owners and
occupants of buildings on the Property are hereby prohibited from
installing or maintaining any water supply wells or septic
OR: 3399 PG: 2359
systems, except for irrigation purposes where reclaimed water is
not available.
3. FGUA shall not be liable or responsible for maintenance
or operation of any pipes, pipelines, valves, fixtures or
equipment installed pursuant to this Agreement on any of the
properties of the County, customers, consumers or users on the
Property other than the water service lines within easements
granted to FGUA in accordance with FGUA's policies and
procedures.
4. The County and any other customers of water service on
the Property, if any, shall keep all water pipes, service lines,
connections and necessary fixtures and equipment on the premises
occupied by said customers and within the interior lines of the
lot or tract occupied by the County and any other customers, if
any, in good order and condition. The sale of water to the
County and any other customers on the Property, if any, shall
occur at the customer's side of the meter.
5. Any temporary cessation or interruption of the
furnishing of water to the Property at any time caused by an act
of God, fires, strikes, casualties, accidents, power failures,
necessary maintenance work, breakdowns, damage to equipment or
mains, civil or military authority, riots or other cause beyond
the control of FGUA shall not constitute a breach of the
provisions contained herein or impose liability upon FGUA by
County, its successors and assigns.
6. This Agreement shall be recorded by County among the
public records of Collier County, Florida after approval by
FGUA's utility counsel. When so recorded, owners and occupants
of the Property connected to or to be connected to said water
systems of FGUA shall be on notice of each and every one of the
provisions of this Agreement, which shall have the same force and
effect as if said owners and occupants had joined with the
parties to the Agreement in the execution hereof; and the
acquisition or occupancy of any part of the Property connected to
or to be connected to said water systems of FGUA shall be deemed
conclusive evidence of the fact that the owners and occupants
have consented to and accepted the Agreement herein contained and
have become bound hereby.
7. Whenever either party desires to give notice unto the
other, it must be given by written notice, sent by certified
United States mail with return receipt requested, or other mail
courier service (Federal Express or United Parcel Service),
addressed to the party for whom it is intended, at the place
specified as the place for giving of notice; the place for giving
of notice shall remain in such until it shall have been changed
5
OR: 3399 PG: 2360
by written notice in compliance with the provisions of this
paragraph. For the present, the parties designate the following
as the respective places for the giving of notice, to wit:
FOR FGUA:
Florida Governmental Utility Authority
Director of Operations
614 Wymore Road
Winter Park, FL 32789
FOR COUNTY:
Collier County
3301 Tamiami Trail East
Third Floor
Naples, FL 34112
Notice so addressed and sent by certified mail with return
receipt requested or other mail service shall be deemed given
when it is deposited with the mailing service unless otherwise
provided herein.
8. The parties hereto agree that an executed copy of this
Agreement and Exhibits attached hereto shall be recorded in the
Public Records of Collier County, Florida, with all recordation
expenses to be paid by County.
9. That the execution of this Agreement by FGUA shall not
be construed as a precedent for the acceptance by the FGUA of
other water facilities constructed or to be constructed by County
or others, on other properties.
10. This Agreement is intended to supplement the policies
and procedures of the FGUA. This Agreement is not intended to
replace any provisions of, or relieve County of the obligation to
comply fully with, all policies and procedures of the FGUA. To
the extent that any direct conflict arises between the terms of
this Agreement and the term of any FGUA resolution or other FGUA
policies and procedures, the other FGUA policies and procedures
shall control over the terms of this Agreement.
11. This Agreement shall be governed and construed in
accordance with the laws of the State of Florida, and sole and
exclusive venue for any action shall be in Collier County,
Florida.
OR: 3399 PG: 2361
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the day and year first hereinabove written.
Florida Governmental:
Utility Authority
BY: k bV~VU
Chair
Collier County, Florida:
ATTEST:
DWIGHT E. BROCK, CLERK
BY':~ ,. : . .
APPRS?ED AS TO::~0m AND
LEGAL S~PF,'!C ~ENCY
Assistant County Attorney
BY: __
Tom Henning
Chairman of the Collier
County Board of County
Commissioners
~ --- / ~ 36.82 CS)''
EXHIBIT ,"~._______ ~ ~ Po'~_...~.,(' / .....
· S60'25'a7"w
PAGE / OF I ~ s2,.1~'0~"w/~
\\
\~/ 164.60
LEGAL DESCRIP~ON \~.
A TEN (ID) FOOT WIDE WATER UNE EASEMENT LYING IN GOLDEN GATE _ '-%~\.
UNIT 4 ACCORDING TO THE PLAT THEREOF AND AS RECORDED IN PLAT '~ '\~.
BOOK 5 PAGES 107 THROUGH 116 PUBLIC RECORDS OF cO~-¥ER'CO~N:DY. ~ '\~.
FLORIDA. SAID TEN-FOOT (10') WIDE EASEMENT LYING 5.00 FEET ON EA(~H ~ \ x~
SIDE OF THE FOLLOWING DESCRIBED CENTERUNES; '\ ~ ~ \ ~ ~1
COMMENCING AT THE CENT[RLNE NTERSECTION OF GOLDEN CATE \. ~ ~ \\ J
PARKWAY-AND SUNSHINE BOULEVARD OF THE AFOREMENTIONED \. ~,~ '\ I i
GOLDEN GATE UNIT 4, AND THE BEGINNING Or A CURVE CONCAVE x, ~3, ~ -\J ;
EASTERLY AND WHOSE RADIUS BEARS NORTH 59'27'20" EAST A ~\ ~ , . J ~ S89'40'23"W
DISTANCE OF 11OO.00 FEET; , 07_- S32'55 10 .WI ~ 108.58
THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID ~\ 28.91 ~ I '
CURVE AND ALONG THE CENTERLINE OF SAID SUNSHINE BOULEVARD . ~ t [ I J
THROUGH A CENTRAL ANGLE OF 26'11'50" AN ARC DISTANCE OF \- " \ ~; J
502.g5 FEET; :,~ ~ ~._ ,~'"~----"~ J
THENCE LEAVING SAID CENTE~_U~IE!~3OUTH 85'`39'10" WEST A \, %POT h lC\ POINT "A"
DISTANCE OF' 53.00 FEET T0~'J~0!.N::F, OF BEGINNING OF THE PARCEL m~e ', ~3 , I \
HEREN BEING DESCRIBED ' ~ '%, "'~¢: ~]~l~ · 7-- \ i !
THENCE SOUTH, Bg'4o'23"' wE~ft~A' DIS~AN~E OF 298.31 FEET TO PONT ~ \ ~ \ \.
mENCE SOUTH.,32{35,10 ~.$,~,.A; I~ISI~ANCE OF 28.9~ FEET TO THE ~1~1 , ~ \z. I I ,
POINT OF TE, R,M]NUS 'OF THE .CENTERL~N.E :HEREINi"DESCR1BEO; '_- c~ ~ ~ r~ i J '.
TI!ENCE BEGINNING.~AT ~}tE AF0~F~k~_~TIONED POI~ "A' SOUTH ~ \ ~ i ~ ~,
Bg'~o'~5" WEST A DI"5"TANCE oF'~tt~'~8'~'~; ~' ~ ~ , ,, \
THENCE SOUTH 5%.'5~05." ~ST A'DIs~TX~cE OF 16~.60 FEET; \, ,~ J l'~ \
THENCE SOU,T¥~.0'~5'OT"~WE$'T.A'~]I~',A~CE'.O~ ~0~gi~,EEET ~. ~ '~i', \
THENCF~,$(~J~I ~'~J'4rr~.~:)WESl~ 'A DIST%N,C~ oF .36.82 'I~ET' ~, ~ '1: \
THEI~ SOUTPI'2!4~j~'OB'~/ES¥';A oIsTANcE OF t~12 FEET 'TO THE ~' ~ "I \
POl~l~.dP TER,M. II~L~S OF ~HE~cENTERLINE H'EREIN D~SCRIBED' ~ "~ ",1 ~ ~ S89'40'25"W
~ C~TA~ A ,~OTA~ 0F'.5578' SQ.~4ARE FEET: OF~.LAND MORE OR LESS' ~ H~I~
· : SUBJ~T~ EAS~E~YS XNO"~ES~ C~dNS OF REC~D' ' ~ I ~
'POINT' O~" COMMENCEMENT ~ ,
CEN~RLINE INTERSEC~ON OF / ~
~ s~s-~.'~o"w
GOLDE-~' GATE PKWY AND SUNSHINE BLVD ~~ / ~.oo
~ / ~t,L~.~~ SUNSHIN~ Bt~ (I06'R. 0.~)
1. DIMENSIONS ARE IN ~ET AND DECIMALS ~EREOF.
2. CUR~ DIMENSIONS ARE AS FOLLOW:
~ / CH = CHORD DISTANCE AND CHB = CHORD BEARING
3. R.O.~ = RIGHT-OF-WAY.
X ~ / *'NOT A SURLY** 4. P.O.[=POtNTOF~RM,NUS.
(
5. BEARINGS AR~ BASED ON GOLGEN GA~ UNIT 4
PLAT BOOK 5, PAGES ~07-116, COLLIER COUNTY, ~ORfDA
for:
project:
~ GOLDEN GA~ ~X
uu : SKETCH SDESC TION OF A 10' EASE NT
mmmmmN
mmm~ date:
mmmmm~mmm'~g~oL[ c~,~i~i~, o~ ~ho,i,~io, ,o~. L~ ~ ~.~ ~ ~ FEBrUArY 4, 2005
JJJJJ Fax: (g41)566-~03
mmaml~ :scale: book:
mma~J~ 1" = 100"
mmmmmm~RgNDAGB, [~c. 'page:
Professional e~i~eeTs, planners, A ]a~d surveyors project ~172 acad:
Collier Cou~t?: Suite 200, ?~00 Tamiami Trail, ~or[b; ~apJ~s, FL ~4108 (~1)597-81t1 ~0,:
Lee County: Suite i0i, 1625 Heudry Street, Fort Myers, FL 3390t (941)337-3111 S~74-SD~ tach: BOM