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Carlton Lakes Boulevard M e m 0 ran d um ENGINEERING SERVICES DEPARTMENT DATE: September 24, 2004 TO: Maureen Kenyon, Supervisor, Clerk to Board cc: FROM: Engineering Department File Copy ( Tonia Leavitt, Engineering Technician n{J)f In Engineering Services Department ~ RE: Carlton Lakes Boulevard Water and/or Sewer Facilities Acceptance On September 14, 2004 The Board of County Commissioners granted final acceptance of the water and/or sewer facilities within the above-referenced project. Attached, please find the following recorded documents, in order: 1. (2) Utilities Facilities Warranty Deed (DR-219 Form) & /Bill of Sale 2. Utilities Facilities Subordination, Consent and Joinder 3. Utility Easement (DR-219 Form) Also, please find attached the following documents for your files. 4. One copy of the Executive Summary submitted to the Board 5. One copy of the Location Map 6. Attorney's Affidavit 7. (2) Owner's Affidavit 8. Copy of preliminary approval letter from Engineering Review 9. Engineer's final payment confirmation PHONE: 659-5758 FAX: 213-2916 Engineering Web Site: http://colliergov.net/planning/Enginhome.htm Memorandum to Maureen Kenyon, Supervisor, Clerk to Board Page 2 10. Final Release of Lien from Utility Contractor for the Facilities Constructed 11. Copy of cashier's check & receipt for maintenance bond (John H. Project N/A) 12. Letter by Engineer certifying that all water and/or sewer facilities are located within the public right-of-way or dedicated easements 13. One year (1) Warranty for work from Utility Contractor 14. DEP Certification Letter for water facilities 15. DEP Certification Approval for sewer facilities 16. LAB results on bacteriological test for water lines 17. Certification of pressure testing of force main (sewer) lines by Engineer of Record (Hydrostatic Testing) 18. Certification of the inflow/infiltration test for the sewer lines by Engineer of Record. 19. Letter from Engineering Services Department certifying that the preliminary inspection reveals that the Utility facilities have been constructed in accordance with County ordinances and regulations. 20. Verification of final cost (Detailed: quantities, sizes, unit cost, total cost, etc.) 21. Payment of water usage, laboratory and administrative charges for filling and flushing and Bacteriologically certifying water mains 22. Letter from Engineering Services Department certifying that the final inspection reveals that the Utility facilities have been constructed in accordance with County ordinances and regulations. 23. Final Attorney's Affidavit If you have any questions, please call and advise accordingly. Attachments doc:2094-2 PHONE: 659-5758 FAX: 213-2916 Engineering Web Site: http://colliergov.net/planning/Enginhome.htm 1:0 Dwight E. Brock Clerk BY: TONI B DEPUTY CLERK RECEIPT: 4040832 NAME : PAYOR: REFNC: .........".. County of Collier CLERK OF THE CIRCUIT COURT \....~~ COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ORIGINAL OFFICIAL RECEIPT When Validated Vi: 3058947 2 BILLED: MC AMT PAID: DESCRIPTION _·_-_·-·_-..··-.....>,..·..4"".~.It.o..\orJII..A.\...~....;...," I ...~. "--SJ 1 I r-', ;7 I ;~~~:¿ '( U 09/08/2003 62.10 .00 AMOUNT ----------------------------- ---------- ----------------------------- ---------- 52.00 8.00 ENGINERRING SVCS/T LEA VI BCC 113 138320 62 649030 TB: 4 DOCUMENTS DOC TYP DEED DEED SUBORD ESMT FILE ID 3254368 3254369 3254370 3254371 BOOK 3390 3390 3390 3390 PAGE 3294 3297 3300 3303 RECORDING OF LEGAL INSTRUMENT P.R.M.T.F. RECORDING FEE INDEXING DOCUMENTARY STAMPS - 70 DOCUMENTARY STAMPS - 35 INTANGIBLE TAX SALES COPIES MISCELLANEOUS FEES INTANGIBLE PENALTY INTANGIBLE INTEREST DEPOSIT ACCOUNTS REFUNDS Engineering Services Notes: Project Name: Carlton Lakes Blvd JEPT: RECORDING TOTAL DUE: Page 01 of 01 2.10 62.10 3254368 OR: 3390 PG: 3294 RBCORDBD in OffICIAL RBCORDS of COLLIBR COUNTY, fL 09/08/2003 at 11:36AM DVIGBJ B. BROCI, CLBRI RBC fiB 15.00 DOC-.10 .10 Retn:!ONIA LBAVIff BIGINIBRING SIRVICIS DIP! HORSBSHOI DR UTILITY F ACILITIE~59-5158 WARRANTY DEED AND BILL OF SALE THIS INDENTURE made this ~? f\^.. day of ~ 0 V LJw\ ~¡( , 2002, between NTC Development, Ltd. , a Florida limited partnership (hereinafter referred to as "Grantor"), 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 "Grantee"). WIT N E SSE T H: That said Grantor, for and in consideration of the sum ofTen Dollars ($10.00) and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs, successors and assigns forever, all water and sewer 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.) and said Grantor does hereby fully warrant the title to said utility facilities, be they realty, personalty, or mixed, and will defend the same against the lawful claims of all persons whomsoever. For the purposes of this conveyance, the utility facilities conveyed herein shall not be deemed to convey any of the lands described in Exhibit "A". Grantor and Grantee are used for singular or plural, as context requires. TO HA VE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, relocate, and/or take materials for the purpose of construction, relocating, operating, and maintaining utility facilities thereon. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. -_.....,-,.."-~,-*--~.,_._.'-"..,,._,,_..~~..'--~ OR: 3390 PG: 3295 ^('" NTC Development, Ltd., a Florida limited partnership ~u~- t?¿k.>t¿ Witness #2 >Ø4Æ'/E /1. 5/IJ/'rh' By: SW Florida Partners, Inc., a Florida :Oyr¡p#E:::::~ Robert G. Claussen, President STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~ 'tkday of Nt;" íJIM b-tif , 2002, by Robert G. Claussen, President of SW Florida Partners, Inc., a Florida corporation, as General Partner ofNTC Devel 'da limited partnership, on behalf ofthe corporation and the partnership e is personall known to me a has produced _ as i entification. "';mt,',, John J. Sterling /il:" ~. MYCOMMISSION# DD076621 EXPIRES I-{ ¡:¡ April S. 2006 ,,~&.....~,., BONDEDrHRuTROYfll1N INSURÞ.NCE.INC. 11',.9fll~'¡\-\ 5~7 /lr..../ <S" ;Lèö b r Prepared by: C. Perry Peeples, Esq. Garlick, Stetler & Peeples, LLP 5551 Ridgewood Drive, Suite 101 Naples, FL 34108 N :\Clients\NTC _ Dev _ L TD _ 0204\Carlton Lakes _001 \ Warranty Deed-Bill of Sale.doc -2- *** OR: 3390 PG: 3296 *** EXHIBIT" A" Tract R, Carlton Lakes Unit No.2 according to the plat thereof, recorded in Plat Book 30, Page 52, Public Records of Collier County, Florida. The Utility FacUitJes can be found or. p~~nf; located in files in Public Works. 3254369 OR: 3390 PG: 3297 RICORDID in OFfICIAL RICORDS of COLLIBR COUR1Y, PL 09/08/2003 at 11:36AN DIIGB! B. BROCK, CLBRI RIC PIB 15.00 DOC-.70 .70 Retn:!OHIA LBAVITT BRGIRBBRIRG SBRVICBS DIP! UTILITY FACILITIEJORSISBOI DR 'i59-5758 WARRANTY DEED AND BILL OF SALE THIS INDENTURE made this ~ *'" day of f\J ~ vwv\. \wé , 2002, between NTC Development, Ltd. , a Florida limited partnership (hereinafter referred to as "Grantor"), 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 "Grantee"). WIT N E SSE T H: That said Grantor, for and in consideration of the sum ofTen Dollars ($10.00) and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs, successors and assigns forever, all water and sewer 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.) and said Grantor does hereby fully warrant the title to said utility facilities, be they realty, personalty, or mixed, and will defend the same against the lawful claims of all persons whomsoever. For the purposes of this conveyance, the utility facilities conveyed herein shall not be deemed to convey any of the lands described in Exhibit "A". Grantor and Grantee are used for singular or plural, as context requires. TO HA VE AND TO HOLD the same unto the Grantee and its assigns. OR: 3390 PG: 3298 IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. ~ NTC Development, Ltd., a Florida limited partnership " \ -; /. *-L~~, ~)(d~'b{ Witness #2 7f;W//'/E /.:) S/?l/r~ By: SW Florida Partners, Inc., a Florida ::~j2J:;J;Z~ Robert G. laussen, PresIdent .. STATE OF F~/t?4 COUNTY OF C:' ¿;) // /~ ce..- The foregoing instrument was acknowledged before me this ~ ~ day of N b~~ \::,µ( ,200 ~, by Robert G. Claussen, President of SW Florida Partners, Inc., a Florida corporation, on behalf c' ral Partner ofNTC Development, Ltd., a Florida limited partnershi . H IS personally known to me or as produced as identification. ,"""r"" John 1 SterUng ¡~:&]/r>" ~'< MY COMMISSION # D0076621 EXPIRES '-: ;-: ^.... '\ 5, 2006 \ \ :.. "1"11 "",,oN: INC. ~;.,...'/ 20NOEDfHRU1ROYfAININS""",M. ''''~Rrl~'' ,/Ut /2; / 7; Q.éX?,--b Prepared by: C. Perry Peeples, Esq. Garlick, Stetler & Peeples, LLP 5551 Ridgewood Drive, Suite 101 Naples, FL 34108 -2- ttt OR: 3390 PG: 3299 ttt EXHIBIT "A" Station 270+74 through 271 +57 of the Livingston Road right-of-way (Collier County Road 881) being approximately 4,074 feet north of the Immokalee Road right-of-way, where the Immokalee Road north right-of-way line coincides with Station 230+00 of Livingston Road. _.,--"...,"~-"'~'-~'-'-" """'~'-~".,--<"_'"~"~'_"--_""_"-'-"--^ Retn: !OIIA LBAVIT! BIGIMBIRIIG SBRVICBS DBP! HORSBSBOI DR 659-5758 3254370 OR: 3390 PG: 3300 DcnB RICORDID in the OFFICIAL RBCORDS of COLLIBR COUITY, FL 09/08/2003 at 11:36AM DWIGHT I. BROCI, CLBRI 15.00 UTILITY FACILITIES SUBORDINATION, CONSENT AND JOINDER THIS SUBORDINATION, CONSENT AND JOINDER given this {pft.. day of N{)\lfmö€ e., 2002, by Wachovia Bank, formerly known as First Union National Bank, (Hereinafter referred to as "Secured Party"), in favor of 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"). Secured Party is used as singular or plural, as the context requires. WHEREAS, Secured Party is the owner and holder of: UCC-l Financing Statement filed with the Florida Secretary of State No. 950000252883; Mortgage recorded in Official Records Book 2128, Page 1637; as modified by instruments recorded in Official Records Book 2285, Page 1534, Official Records Book 2375, Page 2385, Official Records Book 2462, Page 1661, Official Records Book 2631, Page 1356, Official Records Book 2831, Page 2404, Official Records Book 2967, Page 3220, and Official Records Book 3007, Page 2822; and UCC-l Financing Statement recorded in Official Records Book 2128, Page 1662; all of the Public Records of Collier County, Florida (hereinafter referred to as "Securing Instrument(s)" encumbering the premises legally described therein, (hereinafter referred to as the "Encumbered Property").. WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements for the installation, relocation and/or maintenance of utility facilities over, under and/or across a portion of the Encumbered Property legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property" . WHEREAS, County has requested that Secured Party consent to, join in and subordinate its Securing Instrument(s) to the interest that County has in the Easement Property to which request Secured Party has agreed. NOW, THEREFORE, in consideration ofTEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Secured Party does hereby consent to, join in and subordinate the lien of its Securing Instrument(s) to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the County in any utility facilities located therein, thereon, or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any utility facilities located therein or affixed thereto, said security interest shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Secured Party has caused these presents to be executed the date and year first above written. --'~~-'-"--~'-'---'--'- OR: 3390 PG: 3301 W ACHOVIA BANK --~~~~)71(' 4~% it Neí/"P 1J1~{Jn.c! PS5 " By: ,__....... J Its:.' ç~ <... ~c5<. o ,c.. Ç; Ç>qe-~. ... ~ STATE OF COUNTY OF Ho Y¿ ¡' J) A- ('çJ 11/ eR The foregoing instrument was acknowledged before me this 0 fll 2002, by ~m e S 5- ¡..low c~ f¿ D , as ¿),e, Ut'ce Bank..~She js persoQ.ally known to me or has produced ~ ¡J. '7J1('~~ NO PUBLIC I Name: rlt'lll'e ¿/. M ('0 Vie ¡('55 Serial #: D"b 0 ¡;~¿ My Commission Expires: S- 7 / P , Prepared by: C. Perry Peeples, Esq. Garlick, Stetler & Peeples, LLP 5551 Ridgewood Drive, Suite 101 Naples, FL 34108 l~1\ NeHie V Mc:CandIeu . ~) My CommIasIon DDOI7IefJ '\; Of t:;.,I ExpIrø Mev 07. 200e N :\Clients\NTC _ Dev _ L TD _ 0204\Carlton Lakes _ 001 \Utility Facilities Subordination, Consent and Joinder.doc ttt OR: 3390 PG: 3302 ttt EXHIBIT "A" Tract R, Carlton Lakes Unit No.2 according to the plat thereof, recorded in Plat Book 30, Page 52, Public Records of Collier County, Florida. The Utility Facilities can be found on ph"~r~8 located In fUes in Public Works. " --"~'--- ....,,-.-. ~---,--,._._..,"~ Reto: !ONIA LIAVITT INGIRIIRING SIRVICIS DIP! HORSISHOI DR 659-5758 3254371 OR: 3390 PG: 3303 Dcrn RICORDID in the orFICIAL RBCORDS of COLLIIR COUNTY, PL DOC-,70 09/08/2003 at 11:36AM DWIGH! B. BROCI, CLBRI 15.00 .70 UTILITY EASEMENT THIS EASEMENT, granted this (; 'lv., day of /U~) Je!,>!\. ~,<"r ,2002, by NTC Development, Ltd., a Florida limited partnership, 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 often 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, relocate and/or maintain utility facilities, in, on, over and under the following described lands being located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. TO HA VE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, relocate and/or take materials for the purpose of constructing, operating, relocating and/or maintaining the subject 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. ~(7 NTC Development, Ltd., a Florida limited partnership 7?ut'Ú'6 té--: ~~t~~>¿-L Witness #2 .7/;1h!/Z.'i¿' ;1/ ..5//1/ .Tð OR: 3390 PG: 3304 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 0 ~ day of ~ t) \It M ~ , 200~, by Robert G. Claussen, President of SW Florida Partners, Inc., a Florida corporation, as General Partner ofNTC De . 'ted partnership, on behalf of the corporation and the partnership. e IS personally known to me or ha produced as i entIficatlOn. - - /~.::;r.~'f.~~ John J. Sterling f.*(Ji.'\*ê MY COMMISSION # DD076621 EXPIRES ~~·å·Æ>".i April 5, 2006 -/f..iir. ,f~:t-" BONDED THRU TROY FAIN INSURANCE tHC Prepared by: C. Perry Peeples, Esq. Garlick, Stetler & Peeples, LLP 5551 Ridgewood Drive, Suite 101 Naples, FL 34108 N :\Clients\NTC _ Dev _ L TD _ 0204\Carlton Lakes _001 \Utility Easement.doc -2- *** OR: 3390 PG: 3305 *** EXHIBIT" A" Tract R, Carlton Lakes Unit No.2 according to the plat thereof, recorded in Plat Book 30, Page 52, Public Records of Collier County, Florida. EXECUTIVE SUMMARY q-\y-04 Recommendation to Approve Final Acceptance Of Water And Sewer Utility Facilities For Carlton Lakes Boulevard OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water and sewer facilities. CONSIDERATIONS: 1) The Developer of Carlton Lakes Boulevard, has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on 2/24/03. Acceptance is in accordance with Ordinance 2001-57. 3) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of a Cash Bond in the amount of $4,594.17, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water and sewer facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer facilities for Carlton Lakes Boulevard, and release the UPS to the Project Engineer or the Developer's designated agent. ô ~ u IU " ~ ..../><RE OOODI.£TT!;I!OAOPIJO ¡...yo) or« ~ -t i i en ~ 5 :: ~ I r ~ I 0 _JJ ~~ n ~~ ~ ~IU ~~~---~ ====i~t:f r f"'l f"'l - I n 0 I 0 C Z Z """ ';ì~ -I~ -< -~ ~ ! ~ Ii i ~ ~~ » ." ; ; -~ 5~ °0 ~@ ~ ¡~ ~~ti! ~<- ~~ :j -m - B@ -~ -~ " °0 ~ ~ I lei ~~ 0 d Z-I 8 ã ~ LOCWIIIOI.UYMD I ~ ~~; I -~ !~ ~ ~a~ .. t:: ~ _ a oIi HERlTo\Œ N .. ~ QR[ENS Qt ~ - I NOT TO SCALE ~ ~ ~ ~ ~ ~ ;¡: c: 0 >- z <: ~ ~ en - -4 ~ m ~~ , gi!' ï ~ ¡¡ ~ » ¡;¡ ~ ." 0 c: ~ , ! ~ ~ en =' .ci .!!! " 'i1 0 < ~ ª g ------- ------- ATTORNEY'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER ,/)~k A) BEFORE ME, the undersigned authority, on this / ()Z day of /v'òVfrrv:.5¿fè. , 2002, personally appeared C. Perry Peeples, who to me is well known, and having been sworn and under oath, deposes and states: 1. My name is é. -Pi? f.J!, 4 Pee~)e S , I am over the age of twenty-one (21) years, am otherwise sui juris, and have persona knowledge ofthe facts asserted herein. 2. I am a licensed attorney, Florida Bar #846066, authorized to practice law in Florida and am practicing law in the State of Florida. My business address is 5551 Ridgewood Drive, Suite 101, Naples, FL 34108. My business telephone number is (239) 597-7088. My business mailing address is c/o Garlick, Stetler & Peeples, LLP, 5551 Ridgewood Drive, Suite 101, Naples, FL 34108. 3. This Affidavit is given as an inducement 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 to accept the dedication or conveyance of water and sewer utility facilities located within or upon the real property described in the attached Exhibit "A", which is incorporated herein by reference, said land being located in Collier County, Florida. 4. The Affiant has examined record title information to both the real and personal property referenced in this affidavit, including but not limited to, information requested from the Florida Secretary of State relative to any Uniform Commercial Code financing statements. 5. The record owner ofthe real property described herein is NTC Development, Ltd., a Florida limited partnership (hereinafter "Owner"). The Owner acquired record title to the subject real property by instrument recorded at Official Records Book 2106, at Page 321, Public Records, Collier County, Florida (copy attached). 6. Affiant has examined partnership and corporate information obtained from the Secretary of State. The Owner is current and active within said state, and is currently authorized to do business in the State of Florida. Robert G. Claussen, as President ofSW Florida Partners, Inc., a Florida corporation, as Sole General Partner ofNTC Development, Ltd., a Florida llmited partnership, is authorized to execute the instruments on behalf of the partnership in conjunction with the conveyance ofthe subject real and personal property. 7. The subject real and personal property is encumbered of record, or is the subject of financing statements filed in the Public Records of Collier County, Florida, or the Office of the Secretary of State as follows: UCC-1 Financing Statement filed with the Florida Secretary of State No. 950000252883; Mortgage recorded in Official Records Book 2128, Page 1637; as modified by instruments recorded in Official Records Book 2285, Page 1534, Official Records Book 2375, Page 2385, Official Records Book 2462, Page 1661, Official Records Book 2631, Page 1356, Official Records Book 2831, Page 2404" Official Records Book 2967, Page 3220, and Official Records Book 3007, Page 2822; and UCC-l Financing Statement recorded in Official Records Book 2128, Page 1662; all of the Public Records of Collier County, Florida. 8. Affiant further states that the information contained in this Affidavit is true, correct and current as ofthe date this Affidavit is given. FURTHER AFFIANT SA YETH NAUGHT. DA1S ;; ;~aY of /-Xvern6<' R- Affian! 2gnature {! . ?(,¡(RL! ¡)-€e /) if S I · ,2002. Affiant Printed Name SUBSCRIBED AND SWORN to before me this I ~f"-day of tY).j{;nÖeIZ , 200~, by C. Perry Peeples, who is personally known V- OR produced identification Type of Identification Produced (!j(-t/L0J /J SG frr.~~ My Commission Expires: ~J\. Cheryl B Schmidt . §..j My Commission 00144944 ~_, Expires se,tember 25. 2006 Notary Public Notary Printed Name Prepared by: C. Perry Peeples, Esq. Garlick, Stetler & Peeples, LLP 5551 Ridgewood Drive, Suite 101 Naples, FL 34108 N :\Clients\NTC _ Dev _ L TD _ 0204\Carlton Lakes _ 001 \Attorney's Affidavit.doc -2- EXHIBIT "A" Tract R, Carlton Lakes Unit No.2 according to the plat thereof, recorded in Plat Book 30, Page 52, Public Records of Collier County, Florida. The Utility FacUlties can be found on ph:n~s located in fUes in P\âlic Works. - OWNER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Robert G. Claussen, as President of SW Florida Partners, Inc., General Partner ofNTC Development, Ltd., who to me is well known, and having been duly sworn and under oath, deposes and states: 1. My name is Robert G. Claussen, I am over the age of twenty-one (21) years, am sui juris, and have personal knowledge of the facts asserted herein. 2. NTC Development, Ltd. is the owner of said real property described on Exhibit "A". 3. All persons, firms, and corporations, including the general contractor, all subcontractors and sub-subcontractors and suppliers who have furnished services, labor or materials according to plans and specifications, or extra items, used in the construction or repair of water and sewer utility facilities on the real estate hereinafter described, have been paid in full and that such work has been fully completed and unconditionally accepted by the owner. 4. No claims have been made to the Owner, nor is any suit now pending on behalf of any contractor, subcontractor, sub-subcontractor, supplier, laborer or materialman, and no chattel mortgages or conditional bills of sale have been given or are now outstanding as to the subject utility facilities placed upon or installed in or on the aforesaid premises. 5. The utility facilities described herein are not included in, encumbered by, or subject to any real property mortgage, chattel mortgage, security agreement, Uniform Commercial Code financing statement, or any other encumbrance that might affect marketable title to the subject utility facilities and/or easement(s), except as follows: UCC-1 Financing Statement filed with the Florida Secretary of State No. 950000252883; Mortgage recorded in Official Records Book 2128, Page 1637; as modified by instruments recorded in Official Records Book 2285, Page 1534, Official Records Book 2375, Page 2385, Official Records Book 2462, Page 1661, Official Records Book 2631, Page 1356, Official Records Book 2831, Page 2404, Official Records Book 2967, Page 3220, and Official Records Book 3007, Page 2822; and UCC-1 Financing Statement recorded in Official Records Book 2128, Page 1662; all ofthe Public Records of Collier County, Florida. 6. As and on behalf ofthe owner of the subject utility facilities, does for valuable consideration hereby agree and guarantee, to hold 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 harmless against any lien, claim or suit by any general contractor, subcontractor, sub-subcontractor, supplier, mechanic or materialman, and against chattel mortgages, security interests or repair of the subject utility facilities by or on behalf of Owner. Affiant is used as singular or plural, as the context requires. - The utility facilities referred to herein are located within the real property described in the attached Exhibit "A". FURTHER AFFIANT SA YETH NAUGHT. DATED this (r, tt.- day of N Dve/w\ \ov( ,2002. NTC Development, Ltd. a Florida limited partnership By: SW Florida Partners, Inc, a Florida corporation By:ïJ:J~p~_ Robert G. Claussen, President SUBSCRIBED AND SWORN to before me this £day of f\J 0 veW\ hvr , 2002, by Robert G. Claussen, President of SW Florida Partners, Inc., a Florida corporation, as General Partner ofNTC Development, Ltd., a Flor;><imited partnership, on behalf of the corporation and the limited partnership, personally known OR produced identification _. Type of Identification Produced . /2 // S ;;2Oôb I " !--¡;Vb ,,~-;r.,~'¡'Þ" John), Sterling f~:&'''' .~~.\ MY COMMISSION fI DD07662f EXPIRES ~~" ,:. . AprilS, 2006 ··,1;,,·..... ~J ßON,,"H1·I~J TROY FAIN INSURANC~ INC 'I'i Rrl'~':\'" Notary Printed Name Prepared by: C. Perry Peeples, Esq. Garlick, Stetler & Peeples, LLP 5551 Ridgewood Drive, Suite 101 Naples, FL 34108 N:\Clients\NTC Dev L TD 0204\Carlton Lakes 00 I \Owner's Affidavit.doc - - - - -2- EXHIBIT" A" Tract R, Carlton Lakes Unit No.2 according to the plat thereof, recorded in Plat Book 30, Page 52, Public Records of Collier County, Florida. T!l,tft Ui'-I'·,ty r:'.."",H·i,rq~."" I . 'CT \ ~ (- (;'1-.,,; f.;:: II. ~,;/ :;:~ c: a n be f () ~ 4 rt. .r-~ 1'" (i '\ ~ :~, 'I" '- C ...~ ~ ,I Á-.!# ~..",:. ~~, 1 located in fB!;\j." h1 Public Works. OWNER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Robert G. Claussen, President of SW Florida Partners, Inc., a Florida corporation, General Partner ofNTC Development, Ltd., a Florida limited partnership, owner of the property, who to me is well known, and having been duly sworn and under oath, deposes and states: 1. My name is Robert G. Claussen, I am over the age of twenty-one (21) years, am sui juris, and have personal knowledge of the facts asserted herein. 2. NTC Development, Ltd. caused the water and sewer utility facilities to be installed in Collier County Right-of-Way as legally described on Exhibit "A". 3. All persons, firms, and corporations, including the general contractor, all subcontractors and sub- subcontractors and suppliers who have furnished services, labor or materials according to plans and specifications, or extra items, used in the construction or repair of water and sewer utility facilities on the real estate hereinafter described, have been paid in full and that such work has been fully completed and unconditionally accepted by the Owner. 4. No claims have been made to the Owner, nor is any suit now pending on behalf of any contractor, subcontractor, sub-subcontractor, supplier, laborer or materialman, and no chattel mortgages or conditional bills of sale have been given or are now outstanding as to the subject utility facilities placed upon or installed in or on the aforesaid premises. 5. As and on behalf of the Owner of the subject utility facilities, does for valuable consideration hereby agree and guarantee, to hold 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 harmless against any lien, claim or suit by any general contractor, subcontractor, sub-subcontractor, supplier, mechanic or materialman, and against chattel mortgages, security interests or repair of the subject utility facilities by or on behalf of Owner. Affiant is used as singular or plural, as the context requires. The utility facilities referred to herein are located within the real property described in the attached Exhibit "A". FURTHER AFFIANT SA YETH NAUGHT. DATED this (s; ~ day of N b.JtW\ ~ NTC Development, Ltd. a Florida limited partnership By: SW Florida Partners, Inc, a Florida corporation General Partn r By: ,2002. SUBSCRIBED AND SWORN to before me this ~ ~day of N C.J UN\-~ ,2002, by Robert G. Claussen, President of SW Florida Partners, Inc., a Florida corporation, as General Partner ofNTC Development, Ltd., a FI.orida limited partnership, on behalf of the corporation and the limited partnership, personally known V OR produced identification _. Type of Identification Produce~ . A;t'a; I ~ ~ 00 (; / T S~.A/C Notary Printed Name Prepared by: C. Perry Peeples, Esq. Garlick, Stetler & Peeples, LLP 5551 Ridgewood Drive, Suite 101 Naples, FL 34108 .,,¡ti;.t¿.~~. John J. Steriing ~~(6":d MY COMMISSION# DD076621 EXPIRES >~'~Æ'~ Aprr/5.2006 ·"t:¡¡f:,i~'<f,," 'ONDED THRU TROYFAIN INSURANC~ INC N:\Clients\NTC _ Dev _ L TD _ 0204\Carlton Lakes _ 001 \Owners Affidavit-streamline dedication.doc EXHIBIT" A" Station 270+74 through 271+57 of the Livingston Road right-of-way (Collier County Road 881) being approximately 4,074 feet north of the Immokalee Road right-of-way, where the Immokalee Road north right-of-way line coincides with Station 230+00 of Livingston Road. - COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION February 24, 2003 ENGINEERING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Mr. Jim Carr, P .E. Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North Naples, FL 34108 Re: Carlton Lakes Boulevard Road Construction - Water and Sewer Preliminary Acceptance Dear Mr. Carr: This is to inform you that the above referenced project has been granted preliminary acceptance by Engineering Services in compliance with Collier County Land Development Code, Section 3. All water and/or sewer facilities accepted and required to be maintained by Collier County have been conveyed to the County pursuant to the provisions set forth in Collier County Ordinance No. 2001-57, as amended. Official Receipt for payment of water usai!e from Utilities Department Finance Section shall be submitted to Ene:ineerine: Services Department within four weeks from date of this letter. You are reminded that it is your responsibility to petition the Development Services Director for final approval of the improvements upon the expiration of the minimum one (1) year maintenance period. After satisfactory completion of all fmal inspections, the Board of County Commissioners shall grant final approval of the required improvements establishing County responsibility for maintenance of the required improvements if it is the Board's desire to accept and maintain the facilities. If you should have any questions or if we may be of assistance, please advise. Sincerely, ~~ Sherry Eafon Engineering Technician cc: Joe Cheatham, Wastewater Director Paul Mattausch, Water Director Al VanderMaulen, Wastewater Jacquelyn Johnson, Public Works John Houldsworth, Engineering Review PHONE (941) 659-5744 FAJ((941) 643-6968 www.co.collier.fl.us ·"- ....!~ ====in..GNOLI .....!D =====IDARBER & ......5B . ..... .I....~ RUNDAGE, INC. ENGINEER'S FINAL PAYMENT CONFIRMATION The undersigned engineer of record of the project known as Carlton Lakes Boulevard Road Construction hereby confirms that the firm of Agnoli, Barber & Brundage, Inc. has been paid in full by NTC Development Limited for labor, services or materials furnished in the design, permitting, and construction of the water and sewer utility facilities within this project. This confirmation of payment is not a release for any future right to claim a lien for work performed in connection with the property. C(f~ James A. Carr, P.E. Printed Name ST ATE OF FLORIDA COUNTY OF COLLIER On this /I.J tl1 day of October, 2002, personally appeared James A. Carr, whom I know personally and acknowledged that he executed the same. L;J¿¿Ju: Æ< 'n«£ë~/t/ Ndtary Public lO-757j2.paymentcert \\"'''11; J _~~y.q \.. une A. Miller !. ':I~ssion # DD100458 'S..~ Brpues April 24, 2006 Bonded '!'hr\' :\ At12r:tic Bc~:~.:ag C::", In\:, ~-_.'_..._"..^.^.-.,.,.. ('....... - Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 373637 Date 12/2/2002 10:54:01 AM Post Date 12/2/2002 Nbr NTC DEVELOPMENT, L TO CARLTON LAKES BOULEVARD Payor: W ACHOVIA Fee Information Amount Waived $4594.17 $4594.17 Payments I Pa ment Code CHECK Account/Check Number 375065107 Total Cash Total Non-Cash Amount $4594.17 $0.00 I $4594.17 $4594.17 I Total Paid Memo: Cashier/location: GARRETT _S / 1 User: EA TON_S Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed: 12/2/2002 10:54:44 AM ~----_.. .<. ...._.~.. _m___""" """'"""'" WAIVER OF LIEN KNOW ALL MEN BY THESE PRESENTS: that Brenda K. Merchant as Authorized Agent of Haleakala Construction, Inc.for and in consideration of $45,941.61 and other good and valuable considerations, lawful money of United States of America, to me in hand paid, the receipt whereof is hereby acknowledged, does hereby waive, release, remiss and relinquish any and all right to claim any lien or liens for work performed or material furnished, or any kind of class of lien whatsoever on the following described property: CARLTON LAKES BOULEVARD SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, Haleakala Construction, Inc BY~~ --- Brenda K. Merchant Authorized Agent The foregoing instrument was signed and acknowledged before me this 15th day of October, 2002 by Brenda K. Merchant who is personally known to me and who did not take an oath. of~~ Linda Mahon CC 811233 SEAL: ",\\\~fl6."" L.in.da Mahon .:~~å·~-;.comrmlslon '# CC 811233 ~<&. 6).4= Expires Feb. 21, 2003 -:'~.f·"""·~l Bonded Thru "",o/,.~\'" Atlantic Bonding Co., Inc. ·...!~ ====h.GNOLI ·····IB =====. ~ER & ······..8 . ..... .I....I!!! RUNDAGE, INe. October 16, 2002 Collier County Board of Commissioners 3301 Tamiami Trail East Naples, FL 34112 Re: Carlton Lakes Boulevard Road Construction Honorable Commissioners: The purpose of this letter is to certify that to the best of my knowledge, information and belief and in accordance with commonly accepted procedures consistent with applicable standards of practice, the water and sewer facilities to be dedicated at the above-referenced project have been constructed within the public right-of-way of Carlton Lakes Boulevard. This is not a guaranty or warranty, either expressed or implied. Sincerely, @~ ~~. Carr, P.E. lAC/jam I O--/S8jLfa..:~ert WARRANTY The undersigned parties do hereby warrant and/or guaranty all work executed by the contractor on the water and/or sewer systems of CARLTON LAKES BOULEVARD to be free from defects in material and workmanship for a period of at least one (1) year from the date of acceptance by Collier County Utilities. Inc.. The undersigned parties further agree that they will, at their own expense. repair or replace all such defective work and all other work damaged by said defective work under this Warranty-Guaranty. It is furthermore understood consideration for the giving of this Warranty and/or Guaranty is the requirement by the General Conditions and Specifications under which the contract was let that such Warranty and/or Guaranty would be given. Haleakala Construction, Inc By ~¿~ ~othy itchell, Sr. President STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 15th day of October, 2002 by Timothy C. Mitchell. Sr. who is personally known to me and who did not take an oath. ,..- Brenda K. Merchant DD 107609 ""'It~~ BRENDA K. MERCHANT i*:' :*i MY COMMISSION It DO 107609 ~~""'(f;'t¡ EXPIRES: August 9.2006 ,P,r..'fX,.... Bonded Thru Notary PublIC Underwriters SEAL: _......_~......._,~--"~.._~_...~,"~-'.~~-~, Jeb Bush Governor Department of Environmental Protectio"«: (Q) l"Pli South District P.O. Box 2549 Fort Myers. Florida 33902-2549 David B. Struhs Secretary January 17, 2003 Robert G. Claussen, Managing Partner NTC Development, Limited 6025 Carlton Lakes Boulevard Naples, FL 34110 Re: Collier County - PW Carlton Lakes Blvd. Road Construction Water Distribution System (Collier County Regional WTP) 145371-002-DS Southwest Coast EMA Dear Mr. Claussen: This acknowledges receipt of certification that the subject water distribution system extension has been completed in accordance with the plans and related materials pennitted by this agency under Pennit Number 145371-002-DS dated October 16, 2000. Based on this certification and satisfactory bacteriological results, we are approving these facilities for service. Your continued cooperation in our water supply program is appreciated. Sincerely, ~~""-"~ ~ O. James Oni Professional Engineer Water Facilities OJOIMFJ cc: James A. Carr, P.E. Thomas E. Kuck, P.E. "More Protection, Less Process" Printed on recycled paper. t/ ...-. -) Florida Department of Environmental Protection Twin Towers Office Bldg., 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 DOMESTIC W ASTEW A TER COLLECTION/TRANSMISSION SYSTEMS CERTIFICATION OF COMPLETION OF CONSTRUCTION INSTRUCTIONS: This form is to be completed and submitted to the Department, prior to placing the system into operation. A collection/transmission system should not be placed into operation without prior Department approval. All information is to be typed or printed in ink and all blanks m~st be filled. Construction Permit No: 50581-243-DWC/CG Name of Project: CARLTON LAKES BOULEVARD ROAD Name of Owner: NTC DEVELOPMENT LIMITED Dated 10/23/00 SAME Name of design engineer and Florida registration number (if different from engineer signing certification); Date(s) connection to existing system or treatment plant: Treatment plant serving project Name: NORTH COUNTY REGIONAL WATER RECLAMATION FACILITY County: COLLIER City: N/A DEP Identification Number (also known as WAFR or GMS Identification Number): FLA014139 Substantial deviations from the approved plans and specifications (attach additional sheets if required): NONE .-.-... .."t"-~?'f"~~"'=_~""'> tJ"_..~ _,_ _ .___. J_. .........uo,.~ .t:!~(~ ~ ~~,wr:~ ~~ Waat~ lt~· ~~}L""f'))()/'"'7\'.)j:;'¡;:;;;~~~~¡ S~ (iiA'l'fX;.,,¡'Õ¡..:i' .J: <..,.\o.."...\!~.,.¥~:" R.· qom.C' .r- p, 1 " :~ i'':;'; \, . DEP Fonn 62-604.300(7)(b) Effective June 1. 1992 Page 1 of 3 JAN ' r r···· NUflhw..:stDislri¡;t 160 Go~'çmmçnLaI Center Pcns:u.'Ola, Florida n501-5N-I 904-44HIJOO Noruu:ast District 71tH Bitymc~~ WilY, Suite ß-200 Jack!iOn\lill~. Florida 322j6.7590 9().¡-44/J.4JOO CcmralDistri,"t }J19 Maøuirc BI\'¡J. Suite 212 Orlando, FlorK!a 32IWJ-J767 407-!i94-7555 Sourhwc:st D¡stricI 3K04 COCDl\UI Palm DriH: Tampa., FIOf"id<l 336J9-!B !i IU3.7oU·6100 g.J:.P',. SoutQJ"' 'SD '~¡- Soolh District _.heist IMrw..'t 2295 Vi"1Ma ^~·c.. Suite 364 400 N, ConlVa.I Ave, P.O. 80.\ "42j Fun M)'Cn. Floril.la 33901 WI,.'$I Palm 8eat..i1. Florkfa 33416 81J·JJ2·691j: 561-681_6600 For Lab Use Only Colli~r Count:y Sample Collection And Report Form F or Drinking Water Bacteriological Analysis FDOH# E55750 Rec'd Time 12:55 Tested Date: 1-22-2003 Roo'd Date 1-22-2003 Collier County Public Utilities Water Department Laboratory Analyst: PRC Time Range: 14:25 to 15:30 Sample Acceptance Criteria: Sample Preservation 0 on ice Press hard, (4) copies (page 1 of 1). o Chlorine Check 0 not detected 0 o This sample does not meet the following NELAC requirements: mgiL o not on ice ·C System/Ownes-'s Name: Collier COWlty Water Dept. Collier 8005 Vanderbily Bch. Rd. Ext. Naples Carhon Lakes Blvd North @ Livingston Rd The following information must be completed if requesting DEP compliance drinking water analysis Collector: Phil Cramer Collector Phone No.: 239-352-7004 County: Collection Address: Collection City: Comments Collection State: FL. Collection Zip 34120 System I.D. Numbes-: 5114069 System Phone No.: 239-352-7004 District: 5 Type of Supply (check appropriate box) !81 Community Wates- System 0 Noncommunity Water System o Private Well 0 Swimming Pool o Nontransient/NoncommWlity o Bottled Water o Limited Use System o Other: Type of Sample (check appropriate box) o Compliance !81 Main Clearance o Repeat 0 Replaceml2lt o Well Survey o Other: To be completed by collector of sample To b@'cOIIIDleted bv lab Analysis Method( MF . MTF MMO-MUG HPC / ColI. Sample Point Time Rawl CI Non Tog E.colilFC Lab Number No. (Location or Specific Address) Date CoiL Coil. Dist Res'd pH Coliform Coliform 8 00+00 Jumper 1-22-03 9:35 D 4.0 9.03 A 0301-656 i 9 3 + 75 PSP 1-22-03 9:40 D 3.7 8.86 A 0301-657 I 10 5 + 25 B 0 1-22-03 9:45 D 3.6 8.58 A 0301-658 i ! All tests are performed in accordance with NELAC standards. A = coliforms are absl2lt; P = coliforms are present; C = confluent growth; TNTC = too numerous to count Comments: Day One MF = SM9222B + D; MTF = 9221B + EClMUG; MMO/MUG = SM9223B; HPC = SM9215B 8005 Vanderbilt Bch. Rd. Ext. o Satisfactory o Incomplete ColledÌon Information o Repeat Sample o Replaceml2lt Samples Date Reported: Reviewing Official: Title: Name and Mailing Address of Person to Receive Report Collier County Water Dept. Naples, FL. 34120 - For Lab Use Only ~ C-oiher County Collier County Public Utilities Water Department Laboratory FDOH# E55750 Rec'd Time 12:15 Tested Date: 1-23-2003 Roo'd Date 1-23-2003 Sample Collection And Report Form F or Drinking Water Bacteriological Analysis Analyst: PRC Time Range: 13:20 to 14:05 Sample Acceptance Criteria: Sample Preservation 0 on ice Press hard, (4) copies (page 1 of 1). o Chlorine Check 0 not detected 0 o This sample does not meet the following NELAC requirements: mglL o not on ice DC System/Owner's Name: County: Collection Address: Collier County Water Dept. Collier 8005 Vanderbily Bch. Rd. Ext. Naples Carlton Lakes Blvd North @ Livingston Rd The following information must be completed if requesting DEP compliance drinking water analysis Collector: Phil Cramer Collector Phone No.: 239-352-7004 Collection City: Collection State: FL. Collection Zip 34120 Comments System LD. Number: 5114069 System Phone No.: 239-352-7004 District: 5 Type of Supply (check appropriate box) 181 Community Water System 0 Noncommunity Water System o Private Well 0 Swimming Pool o NontransientINoncommunity o Bottled Water o Limited Use System o Other: Type of Sample (check appropriate box) o Compliance 181 Main Clearance o Repeat 0 Replacement o Well Survey o Other: To be conmleted by collector of sample To I»oonmleted bv lab Analysis Method: ( MF ,- MTF MMO-MUG HPC Coli. . Sample Point Time Raw! CI Non Tðtar E.colilFC Lab Number No. (Location or Specific Address) Date CoIl. Coli. Dist Res'd pH Coliform Coliform 8 00+00 Jumper 1-23-03 9:35 D 4.1 8.79 A 0301-723 9 3 + 75 PSP 1-23-03 9:40 D 3.2 8.57 A 0301-724 10 5 + 25 B 0 1-23-03 9:45 D 2.8 8.73 A 0301-725 I All tests are performed in accordance with NELAC standards. A = colifonns are absent; P = colifonns are present; C = confluent growth; TNTC = too numerous to count Comments: Day Two MF = SM9222B + D; MTF = 92218 + EC!MUG; MMO/MUG = SM9223B; HPC = SM9215B 8005 Vanderbilt Bch. Rd. Ext. o Satisfactory o Incomplete Collection Information o Repeat Sample o Replacement Samples Date Reported: Reviewing Official: Title: Name and Mailing Address of Person to Receive Report Collier County Water Dept. Naples, FL. 34120 -, ....!J\ ====;£1GNOLI .....§D =====IuARBER & ······..8 ....... ....... RUNDAGE, INC. PRESSURE TEST REPORT PROJECT Carlton Lakes Boulevard, PN 6696-RW/X002 DATE 7/3/02 WITNESSED BY Jim Bailey & Wes Hill TYPE OF LINE: FORCEMAIN X POTABLE IRRIGA nON FIRE DIAMETER 10 INCHES, D LENGTH 555 FEET, S TEST PRESSURE 150 PSI TEST: START 155 PSI @ 8:00 a.m. STOP 155 PSI @ 10:00 a.m. AMOUNT USED Zero GAL AVERAGE PSI 155 ALLOWABLE LEAKAGE: L = SD>P/133,200 GAL/HR = 0.51 GAL/HR ~-~- ({L-~--~ . ,J;-;m¡,s A. Carr, ¡;.E:,.~,2 '6 X 2 = 1.02 GAL/2 HR PASSED Yes OCT 0 G 2002 ,.,-, .-... ....!~ ====h.GNOLI ····Iß ..... ¡ATIUER& ..... 'l"1....ß..D ......Ii!B .. .... ......~ RUNDAGE, INe. PRESSURE TEST REPORT PROJECT Carlton Lakes Boulevard, PN 6696-RW / X002 DATE July 3, 2002 WITNESSED BY Jim Bailey & Wes Hill TYPE OF LINE: X FORCEMAIN POTABLE IRRIGA nON FIRE DIAMETER 6 INCHES, D LENGTH 538 FEET, S TEST PRESSURE 100 PSI TEST: START 145 PSI @ 8:00 a.m. STOP 145 PSI @ 10:00 a.m. AMOUNT USED Zero GAL AVERAGE PSI 145 ALLOWABLE LEAKAGE: L = SD>P/133,200 GAL/HR .-- ....---.- = 0.24 GAL/HR X 2 = 0.48 GAL/2 HR PASSED Yes ~~- Jam':~ !_:i1~r. f¡.l.#~;1:~1;~i ocr 0 f1 2002 -- - COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION ENGINEERING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 January 7, 2003 Mr. Jim Carr, P.E. Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail N, Suite 200 Naples, FL 34108 RE: Carlton Lakes Boulevard - Water and Sewer Dear Mr. Carr: A preliminary inspection, of the above referenced project, was conducted by Randy Casey, Engineering Services Department, on January 7, 2003. Conditions were found to be acceptable, and appear to meet County standards. If you should have any questions, please do not hesitate to call Randy Casey at (941) 403-2418 or Don Nobles at (941) 403-2391. Sincerely, ð,-4 ~ Randy Casey Engineering Inspector cc: Jacquelyn Johnson, Public Utilities Joe Cheatham, Wastewater Director, Utilities AI VanderMaulen, Wastewater Paul Mattausch, Water Director, Utilities Diane Deoss, D.O.R. Billing Supervisor Don Nobles, Engineering Inspections Supervisor Randy Casey, Engineering Inspector Sherry Eaton, Engineering Services File PHONE (941) 659-5744 FAJ{(941) 643-6968 www.co.collier.f1.us CERTIFI ,TION OF CONTRIBUTORY ¡SETS PROJECT NAME: CARLTON LAKES BOULEVARD LOCATION: SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, NAPLES, FLORIDA NAME & ADDRESS OF OWNER: NTC DEVELOPMENT, LIMITED 5494 CARLTON LAKES BLVD. NAPLES, FLORIDA 34110 TYPE OF UTILITY SYSTEM: SANITARY SEWER t ITEM SIZE QUAN. UNIT COST TOTAL I Hot Tap 16"x6" 1 EA $5,900.00 $5,900.00 PVC DR-18 Forcemain 6" 538 LF $10.17 $5,471.46 MJ 45 Bend 6" 2 EA $238.00 $476.00 Casing Spacers 6"x15" 27 EA $150.00 $4,050.00 Bell JT Restraints 6" 15 EA $68.00 $1,020.00 MJ Sleeve 6" 2 EA $265.00 $530.00 TOTAL COST $17,447.46 I do hereby certify that the quantities of material and services described above are true and accurate representation of the as-installed cost of the system being contributed to Collier County Utilities, Inc.. CERTIFYING: ~¿~ T.ïmothy C. . hell, Sr. President OF: Haleakala Construction, Inc. 5758 Taylor Road Naples, Florida 34109-1829 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 15th day of October, 2002 by Timothy C. Mitchell, Sr. who is personally known to me and who did not take an oath. ~ ",~ç'; SEAL: 4i'ï~. BRENDAKMEIiCHAHT Brenda K. erchant ~*: :*ª MY COMMISSION # DD 107609 ~" ¡ EXPIRES: August 9, 2006 DD 1 07609 .~ ,,' BondodThru Notal)' PublicUnderwrnars CERTIF~",ATION OF CONTRIBUTORY. ",SETS PROJECT NAME: CARLTON LAKES BOULEVARD LOCATION: SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, NAPLES, FLORIDA NAME & ADDRESS OF OWNER: NTC DEVELOPMENT, LIMITED 5494 CARL TON LAKES BLVD. NAPLES, FLORDIA 34110 TYPE OF UTILITY SYSTEM: POTABLE WATER I ITEM SIZE QUAN. UNIT COST Hot Tap 16"X10" 1 EA $6,200.00 DR-18 Watermain 10" 555 LF $17.53 Perm BSP 1 EA $1,100.00 Gate Valve 10" 1 EA $1,100.00 Casing Spacers 1 0"x20" 27 EA $180.00 MJ 45 Bend 10" 2 EA $430.00 MJ 90 Bend 10" 2 EA $445.00 Bell JT Restaints 10" 15 EA $191.00 MJ Sleeve 10" 2 EA $445.00 TOTAL COST I do hereby certify that the quantities of material and services described above are true and accurate representation of the as-installed cost of the system being contributed to Collier County Utilities, Inc.. CERTIFYING: OF: Haleakala Construction, Inc. 5758 Taylor Road Naples, Florida 34109-1829 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 15th day of October, i:~Y~r :0 is pernonally known:o ::;:.WhO :::Ao~:= oath. Brenda K. Merchant {.rb.·'·~;;~ MY COMMISSION # DO 107609 DD 1 07609 ~~~.~J EXPIRES: August 9,2006 ~"íf.R~:~~" Bonded Thru Notary PublIC Underwnlers TOTAL I $6,200.00 $9,729.15 $1,100.00 $1,100.00 $4,860.00 $860.00 $890.00 $2,865.00 $890.00 $28,494.15 ",.-..." Official Receipt - Collier County Board of County Commissioners CDPR 1103 - Official Receipt ,~fran~~u~~~~r~===rjjate,~-=~~_~~=___-=_~~= =-LPosfpate =:,~~==:,.+payme~fS1i~Nbr"=::=~=-~=~,':=~1 !ª8~§ªº___... .___ _ _ __ _, __J}/5/20J>1.4.:,23:23 EM___1ª/§L~Q()ª _._____________ UL1Jº_ª-1I______________m_____c HALEAKALA CONSTRUCTION DOR PAYMENTS Payor: HELEAKALA CONS Fee Information I~~jt~,f~~~~ -=---==i~~~~~n-~~~~r!iWª~=-:i Payments L~:~~~~=:~-=1~~~~~=Çh~==:=~~~b~==~=_-,.=:::=~:~==::~,:=_:_::==:::=:=:.~:I~---~~~~~;JJ Total Paid [:-:~~i1:g1~1 I _~º-1-~ Total Cash Total Non-Cash Memo: DOR (S) 2233 - 2232 -' 2225. - 2224 - 2223 - 2222 - 2231 - 2201 - 2235 TOTAL $6,165.78 CK# 031986 DATE ON CK 3/5/03 Cashierllocation: TERGAJOSIE 1 3 User: BOEHMERMISTY Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:3/6/2003 9:33:31 AM 03/05)2003 20:20 4359082 FILE No.103 03...00 '03 08:1b ID:~ALA 'PMS,INC OF NAP~ FAX:~.. 598 9418 PAGE 04 PAGE 4 , INVOICE Board. of County Commi.ssioners Collier County Public Utilities Division . Page 1 of I T,::'~[ CDPY 'ffi&~lbmJ' ,'~,,~,. lJJ ..' ..... ~ h._. _ ", ..... Invoice #: OOBZ~__ Date: ~brusty.21. 20Q3 _ Dep~ent: ~çiaI .Asses~ Phone #:~)403-.43.a PW INV. No.~8900 HAl.E.AK.ALA CONSTRUCTION 5758 fA YLOR RD. NAPLES. FL 34109 ~ GS'tON RDJ CARLTON LAKEs Desai non $ 25.00 for 4.7'5 hOUlS. ub.. Total ost of Collections OTALAMOUNTD~ 408/253212/343330/00000 ~. ~~~~~.. " J l......~ MAJœ CIŒCK.S PA Y A.8LR 1'~ COLLœRCOUNTYBOARÐOFCOUNTYCO~æXON~ DETACH AND MAIL TlDS PORTION WITH YOUlt CHEcK TO COLLŒR. COUNTY PUBLIC UTII.I1"1Es DIVISION A'ITN: SPECIAL ASSESSMENTS 2685 S. HORSESHOE DRIVE #103 NAPLES, FLORIDA 34104 REVENUE ACCOUNT 1~áN1Ð J~CODA ~ J EXPENDITURE A.CCOJlN1' IP""-f- ~cona 1~ :1 Invoice No.: DOR222S Amt. .eJ1CI.~ AIR No.; 42CYIN http://bccsa0301lSNmisc,..billing/invoicedimlø.v.r.im?1t'\Mrl='7? .. .- - .- - ... - COLLIER COUNTY GOVERNMENT COMN1UNITYDEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION Engineering Services Department 2800 N. Horseshoe Dr. · Naples, Florida 34104 · 239-659-5744 · Fax 239-643-6968 www.co.collier.fl.us May 25,2004 Mr. Jim Carr, P.E., Agnoli, Barber & Brudage, Inc. 7400 Tamiami Trail North, Suite, 200 Naples, Florida 34108 RE: Carlton Lakes Boulevard- Water and Sewer Dear Mr. Carr: A final inspection was conducted on the above referenced project by Randy Casey, Engineering Services Department, effective 5/24/04. Conditions were found to be acceptable, and appear to meet County Standards. If you should have any questions, please do not hesitate to call Randy Casey at (941) 403-2418 or Don Nobles at (941) 403-2391. Sincerely, (jooia ~ Tonia Leavitt Engineering Technician cc: Joe Cheatham, Wastewater Director, Utilities AI VanderMaulen, Wastewater Dept. Steve Nagy, Wastewater Paul Mattausch, Water Director, Utilities Pam Libby, Water Admin. Jacquelyn Johnson, Public Works Diane Deoss, D.O.R. Billing Supervisor Randy Casey, Engineering Inspector Utility File Reading File c o c~~ " c o ... ... t Y FINAL ATTORNEY'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER On this 16 ~ay of June, 2004, before me personally appeared C. PERRY PEEPLES, a - licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number are: Garlick Stetler & Peeples, LLP, 5551 Ridgewood Drive, Suite 101 Naples, Florida 34108; (941)597-7088 (hereinafter "Affiant"), who being duly sworn on his oath, does say: 1. This Affidavit is given as an inducement 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 Collier County Water-Sewer District to conduct a final inspection of water and sewer facilities located within or upon the real property described in the attached Exhibit "A," which is incorporated herein by reference, said land being located in Collier County, Florida. 2. The Affiant has examined record title information to both the real and personal property referenced in this Affidavit, including, but not limited to, information requested from the Florida Secretary of State relative to any Uniform Commercial Code financing statements. 3. The record owner of the utility facilities described herein is the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of Collier County Water-Sewer District (hereinafter "County"). The County acquired its record interest by Utility Facilities Warranty Deed and Bill of Sale recorded at Official Records Book 3390, page 3294, and Utility Easement recorded at Official Records Book 3390, page 3303, Public Records of Collier County, Florida (copies attached). 4. The interest of the County in the subject utility facilities and appurtenant utility easement interests is not encumbered of record, nor is it subject to any financing statements filed in the Public Records of Collier County, Florida, or the Office of the Secretary of State. 5. Affiant further states that the information contained in this Affidavit is true, correct and current as of the recordation of the recorded documents referenced herein which conveyed or granted the subject utility facilities and easement interests to the County. STATE FLORIDA COUNTY OF COLLIER Sworn to and subscribed before me this /6 f-1-- day of Perry Peeples, who is personally known to me. lu/~tJL , 2004, hy C. (Seal) ,"" a\ cheIyt B Schmidt ,'Ii My~ommi8aionD01441U4 0, '" Expires September 25. 2008 {!luc LJl is .Y2I~ Notary Public Printed Name: My Commission Expires: This instrument prepared by: C. Perry Peeples, Esq. Garlick Stetler & Peeples, LLP 5551 Ridgewood Drive, Suite 101 Naples, Florida 34108 N:\Clients\NTC_Dev _LTD_0204\Carlton Lakes_OOI \Final Attorney's Affidavit- Tr R.DOC -2- 02' 02 # EXHIBIT " A" Tract R, Carlton Lakes Unit No.2 according tò the plat thereof, recorded in Plat Book 30, Page 52, Public Records of Collier County, Florida. 90! r;g9 ~ i76: sa~I^Jas 6uluueld:~dLO:S ~~O-9Z-9 3254368 OR: 3390 PG: 3294 DCGIDID 11 O.fiCIAL nCORDS of COLLIIR coum, ,I. 09/08/2003 at 11:3611 DVIGB! B. BIOct, CLIII DC liB 15.00 DOC-.10 .10 Retl:fOlI1 LBAVI!! BIGIIURIIG SlIVIca' Din SOISlSIOI DR UTILITY F ACILITIE~59-5758 WARRANTY DEED AND BILL OF SALE THIS INDENTURE made this ~ ~ day of ~ o-J ÛW\ \oM ,2002, between NTC Development, Ltd. , a Florida limited partnership (hereinafter referred to as "Grantor"), 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 "Grantee"). WITNES SETH: That said Grantor, for and in consideration of the sum ofTen Dollars ($10.00) and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs, successors and assigns forever, all water and sewer 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.) and said Grantor does hereby fully warrant the title to said utility facilities, be they realty, personalty, or mixed, and will defend the same against the lawful claims of all persons whomsoever. For the purposes of this conveyance, the utility facilities conveyed herein shall not be deemed to convey any of the lands described in Exhibit "A". Grantor and Grantee are used for singular or plural, as context requires. TO HA VE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, relocate, and/or take materials for the purpose of construction, relocating, operating, and maintaining utility facilities thereon. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. oz /6 # SOLS6S9 'v6~ sa~I^~as 5UIUUBld~~d~O:S ~VO-9Z-S .~ OR: 3390 PG: 3295 ~tJ.~ Witness #2 >ØhW/E 4. .s/IJ/r~ ,...... NTC Development. Ltd., a Florida limited ~ partnership By: SW Florida Partners, Inc., a Florida :yiJ:J7ß~ Robert G. Claussen, President STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~ ~daY of .N'\)\I &W\ ~ ,2002, by Robert G. Claussen, President of SW Florida Partners, Inc., a Florida corporation, as General Partner ofNTC Devel . a limited partnership, on behalf of the corporation and the partnership e is personall known to me has produced _ as i enti cation. aT P LIC Nam ::77; ~ ,-vi ::::r: 5~7 Serio #: J)/) 0 tbb <:.~ My Commission Expires: , /2~""/:s;:;2...ðO h Prepared by: C. Perry Peeples, Esq. Garlick, Stetler & Peeples, LLP 5551 Ridgewood Drive, Suite 101 Naples, FL 34108 N:\Clients\NTC _Dev _L TD _ 0204\Carlton Lakes_ 001\ Warranty Deed-Bill of Sale.doc -2- OZ /OL # SOLS6S9 Lt-6~ sa~I^Jas ÔU!UUBld~~d~O:S ~VO-90-9 02 / ~ ~ # -. .---.., ttt OR: 3390 PG: 3296 t** EXHIBIT "A" Tract R, Carlton Lakes Unit No.2 according to the plat thereof, recorded in Plat Book 30, Page 52, Public Records of Collier County, Florida. The Ut·ility FacUlties can be found on p'lar~3 located in fJles In Pœllc Works. 90L9SS9 LvS: sa~I^~as eUIUUBld~~d~O:9 ~~O-9Z-9 02 /8' # - RetD: au WVI'l'l IRIDIRI.' SIIVIClS DBP'l IORßSlOI DR 659-5758 3254371 OR: 3390 PG: 3303 Dcnl RICOIDID 1n the onICIIL HeORDS of COLLIIl conn, lL DOC- .10 09/08/2003 at 11:36AK DIIGI'l .. BROCI, CLlII 15.00 .10 UTILITY EASEMENT . TillS EASEMENT, granted this r; i~ day of AJ DvC/fIA ~< , 2002, by NTC Development, Ltd., a Florida limited partnership, 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 often 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, relocate and/or maintain utility facilities, in, on, over and under the following described lands being located in Collier County, Florida, to wit: See attached Exhibit It A" which is incorporated herein by reference. TO HA VB AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, relocate and/or take materials for the purpose of constructing, operating, relocating and/or maintaining the subject 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. ~ NTC Development, Ltd., a Florida limited partnership By: co ~¡¡~ Witness #2 7Ø..4R/£ A.sø /rð By: 90L9699 'v6~ saJI^~as 6UIUUBld~~d~O:9 :VO-9Z-9 .-', OR: 3390 PG: 3304 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this G ft\. day of N ~ \It M'oat<' , 200 ~ by Robert G. Claussen, President of SW Florida Partners, Inc., a Florida corporation, as General Partner ofNTC De ., " . 'ted partnership, on behalf of the corporation and the partnership. e IS personally known to me or produced _ as i enti cation. ø"'~",_ ~:~ John J. StetIing i-': :~ MY COMMISSION # DD016621 EXPIRES .' . ¡ April S. 2006 ,~ ,r.I" BONDfO 1IW IIOYFAIIINSutANa,1NC. 7 /2; /> ;2oð,.6 Prepared by: C. Perry Peeples, Esq. Garlick, Stetler & Peeples, LLP 5551 Ridgewood Drive, Suite 101 Naples, FL 34108 N:\Clients\NTC_Dev _L TD _0204\Carlton Lakes_OO 1 \Utility Easement.doc -2~ 02 /6' # 90L9699 'to6: sa~I^Jas 6uluueld~~d~O:9 ~~O-9Z-S oz /oz # -- **t OR: 3390 PG: 3305 *** EXHIBIT "A" Tract R, Carlton Lakes Unit No.2 according to the plat thereof, recorded in Plat Book 30, Page 52, Public Records of Collier County, Florida. SOLSSS9 ,t'S~ sa~!^~as BUluueld~~d~O:S ~vO-9Z-S