Backup Documents 10/11/2011 Item #16E716E 7
ORIGINAL DOCUMENTS CHECKLIST & ROUTING-SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be.hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line throu routing lines #I through #4, complete the checklist, and forward to Ian Mitchell line #5).
Route to Addressee(s)
(List in routing order
Office
Initials
Date
1.
appropriate.
(Initial
Applicable)
2.
October 11, 2011
Agenda Item Number
16E7
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4.
Maintenance Agreement
Number of Original
2
5. Ian Mitchell, BCC Office
Supervisor
Board of County Commissioners
Documents Attached
10114
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
SUE ZIMMERMAN
Phone Number
252 -2622
Contact
appropriate.
(Initial
Applicable)
Agenda Date Item was
October 11, 2011
Agenda Item Number
16E7
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Maintenance Agreement
Number of Original
2
Attached I
I
Documents Attached
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial
Applicable)
1.
Original document has been signed/initiated for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
NCR
3..
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 10/11/11 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes, if applicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
16E 7
MEMORANDUM
Date: October 14, 2011
To: Sue Zimmerman
Real Estate Services
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Maintenance Agreement
Project: Big Corkscrew Island Regional Park
Parcel: Canals & Reservoir
Folio's #00210000007 & #00209960006
Attached please find One (1) ORIGINAL as referenced above
(Agenda Item #16E7), approved by the Board of County
Commissioners on Tuesday, October 11, 2011.
The Minutes & Records Department has kept an Original and
will be kept as part of the Board's Official Records.
If you should have any questions, please contact me at 252 -7240.
Thank you.
Attachments
16E 7
PROJECT: BIG CORKSCREW ISLAND REGIONAL PARK
PARCEL: CANALS & RESERVOIR
FOLIO: 00210000007 and 00209960006
Accepted and Approved by BCC October_ , 2011, Item KIM
i
MAINTENANCE AGREEMENT
(Canals and Reservoir)
THIS MAINTENANCE AGREEMENT (hereinafter referred to as "Agreement ") is made
and entered into this 11 +h day of �C �� , 2011, by and between COLLIER
COUNTY, a political subdivision of the State of Florida, whose post office address is 3335
Tamiami Trail East, Suite 101, Naples, Florida 34112 and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX- OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT,
whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112
(hereinafter collectively referred to as "County ") and THE BRYAN W. PAUL FAMILY
LIMITED LIABILITY LIMITED PARTNERSHIP, a Florida Limited Partnership (the
"Partnership "), whose post office address is 5701 Fort Denaud Road, LaBelle, Florida 33935.
WITNESSETH:
WHEREAS, Roberto Bollt, as Successor Trustee under Land Trust Agreement dated
January 27, 1986, recorded in Official Records Book 1347, Page 2331, and amended June 26,
1996, and recorded in Official Records Book 2250, Page 1827, both of the Public Records of
Collier County, Florida, whose mailing address is 4500 Executive Drive, Suite 110, Naples,
Florida 34119 (hereinafter referred to as "Owner ") desires to donate (as a charitable contribution)
to County that certain land of Owner, described in Exhibit "A" attached hereto (hereinafter
referred to as "Lands "), for purposes of future access to a park site, additional surface water
management area for the planned public utility site, operation and maintenance of the area's
stormwater management outfall system, drainage, utility, road and access infrastructure and
improvements, as necessary; and
WHEREAS, Owner's Lands contain a reservoir and network of canals providing drainage
to lands of County as well as other neighboring property owners and interests; and
WHEREAS, County is willing to accept the Lands provided certain environmental
remediation is performed; and
WHEREAS, Partnership agrees to perform the necessary environmental remediation; 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:
Big Corkscrew Island Regional Park
Revised 10/3/11 1 of 5
16E 7
1. Within sixty (60) days of conveyance of the Lands from Owner to County by
recordation of a deed in the Public Records of Collier County, Partnership shall take steps to
perform all of the recommended actions and scope of work, hereinafter referred to as
" Remediation" contained in the Pollution Control & Prevention Department Report dated August
23, 2011 attached hereto as Exhibit `B ". The cost of Remediation shall be considered costs of
caretaking of the Demised Premises for the 2011 -2012 season pursuant to Article 3 of the
License Agreement dated May 27, 2008 between the Gulf Coast Citrus Caretaking, Inc. and the
County. Within thirty (30) days of completion of Remediation, Partnership shall provide a
detailed accounting invoice to County for said Remediation.
2. Partnership shall take steps to ensure that any sources of contamination, including
chemical, pesticide or fuel oil contamination, from adjacent property now owned by either the
Partnership or Bryan W. Paul, as a successor owner of interests of Citrus Grove Partners are not
disbursing onto the Lands. As used in this Agreement, the term "adjacent property" means real
property that is contiguous with the Lands. If in the future environmental contaminants at levels
above maximum contaminant levels, as set by the Florida Department of Environmental
Protection, are found on the Lands or other land now owned by County, and the contamination is
due to sources coming from adjacent property then owned by either the Partnership or Bryan W.
Paul, as a successor to interests of Citrus Grove Partners, the Partnership agrees to take
immediate action to remove the sources of the contamination, and perform remediation for any
contamination caused by the Partnership or Bryan W. Paul, as a successor to the interests of
Citrus Grove Partners.
3. Upon completion of the recommended actions and scope of work by Partnership,
Collier County Pollution Control shall review the reports and perform a site inspection to ensure
that the sites referred to in the Pollution Control and Prevention Department Report are in
compliance with State and Federal environmental laws.
4. Within 120 days of the recordation of the deed described in paragraph 1 and upon
County Manager approval, County shall perform vegetative maintenance of the Lands.
5. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by all parties and shall inure to the benefit of and be binding upon the
parties hereto and their respective heirs, executors, personal representatives, successors,
successor trustees, and/or assignees, whenever the context so requires or admits. However, the
burdens created by this Agreement are personal to the Partnership and do not run with the land.
6. This Agreement is contingent upon no other provisions, conditions, or premises other
than those so stated above; and this 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.
7. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
Big Corkscrew Island Regional Park
Revised 10/3/11 2 of
16E 7
8. This is the entire agreement between the parties with respect to the matters set forth
herein, and any prior agreements or understandings of any kind are hereby merged and integrated
herein. Except as otherwise provided herein, this Agreement shall only be amended by mutual
written consent of the parties hereto or by their successors in interest.
9. All notices and other communications required or permitted hereunder shall be in writing
and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight
delivery service, and addressed as follows:
As to County: Collier County Government
Office of the County Manager
3299 East Tamiami Trail, Suite 200
Naples, Florida 34112
With copy to: Collier County Government
Office of the County Attorney
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
As to Partnership: Bryan W. Paul
5701 Ft. Denaud Road
LaBelle, Florida 33935
With copy to: M. David Alexander, Esq.
Peterson & Myers PA
Post Office Box 7608
Winter Haven, Florida 33883 -7608
Notice shall be deemed to have been given upon receipt if sent by nationally recognized
overnight delivery service.
10. In the event of a dispute under this Agreement, the parties shall first use the County's
then - current Alternative Dispute Resolution Procedure. Following the conclusion of this
procedure, either party may file an action for injunctive relief in the Circuit Court of Collier
County to enforce the terms of this Agreement, said remedy being cumulative with any and all
other remedies available to the parties for the enforcement of this Agreement. In any dispute,
unless agreed otherwise in writing, the prevailing party shall be entitled to recover its attorney's
fees and costs at trial and appellate levels.
11. This Agreement shall not be recorded in the public records.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
day of DC;�nj)3( , 2011.
Big Corkscrew Island Regional Park
Revised 10/3/11 3 of
Date agreement accepted by BCC: D--t - 11) 301 � De m 1(p F- 7
AS TO COUNTY:
DATED: P l i , 1 11
ATTE•ST:'� e
DWIGPT 1 B'R. CLERK
St t4 = erk
AS TO DISTRICT.
DATED: 101 11 111
ATTEST:
DWIGHT E. BROCK, CLERK
AS TO PARTNERSHIP:
DATED: -3,1uii
WI SES:
Witne s (Si a e
Name: IFEW
(Print or Type)
Witness (Si re W Keel
Name:
(Print or Type)
16E 7
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
"' W.
BY:
FRED W. COYLE, Chaiirrian
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE, .
EX- OFFICIO GOVERNING BOARD OF
THE COLLIER COUNTY WATER -S -EWER
DISTRICT
�T �-"�,- ice} • .
BY:
FRED W. COYLE, Chdirkan
THE BRYAN W. PAUL FAMILY LIMITED
LIABILITY LIMITED PARTNERSHIP,
a Florida limited partnership
By: BRYAN PAUL MANAGEMENT, LLC,
a Florida limited liability company
Its General Partner
r
B Qi
Y�
J ES C. PAUL, Manager
Big Corkscrew Island Regional Park
Revised 10/3/11 4 of 5
16E 7
Approved as to form
and legal sufficiency:
,,A 4-
Heidi Ashton -Cicko
Assistant County Attorney
Attachments: Exhibit A — Legal Description
Exhibit B — Pollution Control & Prevention Dept. Report dated August 23, 2011
CP \11 -PRC- 01793 \112
Big Corkscrew Island Regional Park
Revised 10/3/11 5 of 5
M
12 _ 7
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SURVEYOR'S REPORT /NOTES
I. Bearings an based on West line of Section
13 being S0706'37'W.
RUMOR u-A
! i 4A
P-511
2. This property is subject to any facts that may
be revealed with a full and accurate title search.
3. All dimensions are In feet and decimals
thereof, unless otherwise noted.
4. Subject to easements, reservations and
restrictions of record.
LEGEND
I POO - POINT OF BEGINNING
POC - POINT OF COMMENCEMENT
i
SURVEYOR'S CERTIMATE
roil THE "c"Mc ust on
COLUER COMP ueurtcs OOWMAIINT
" wir TN[
NOT WWO
THE OR00104 WA
UCOUCD S U2NlY011 AND Im"M
DESCRIPTION
ALL OF THOSE LANDS DESCRIBED IN EXHIBIT 'C AND EXHIBIT 'C' IN OFFICIAL RECORDS BOOK 1433. PAGES 509 -519 Of THE PUBLIC
RECORDS OF COLDER COUNTY, FLORIDA; TOGETHER WITH THAT LAND DESCRIBED IN IN OFFICIAL RECORDS Book 1322. PACES
1897 -1903 OF THE PUBLIC RECORDS Of COLDER COUNTY. FLORIDA; SONG PORTION OF SECTIONS 13 AND 14, TOWNSHIP 48 SOUTH,
RANGE 27 EAST, COWER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE NORTHWEST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH. RANKLE 27 EAST. COLDER COUNTY, FLORIDA; THENCE
U14 SOUTH 0706'57' WEST ALONG THE WEST U OF SAID SECTION 13, A DISTANCE Of 1060.73 FEET TO A PONT ON THE NORTH LINE
OF TO THOSE LANDS DESCRIBED IN EXHIBIT '0' IN OFFICIAL RECORDS BOOK 1433, PAGES 309 -519 OF THE PUBLIC RECORDS OF
COLLIER COUNTY. FLORIDA, AND THE POW OF BEGINNING;
THENCE NORTH 7351'1Ir EAST ALONG SAID NORTH LINE, A DISTANCE OF 431.02 FEET; THENCE CONTINUING ALONG SAID NORTH LINE
SOUTH 8306'24 EAST, A DISTANCE Of 311.33 FEET TO THE SOUTHWEST CORNER OF THOSE LANDS DESCRIBED IN EXHIBIT 'B' IN
OFFICIAL RECORDS BOOK 1322, PAGES 1897 -1903 OF THE PUBLIC RECORDS OF COLDER COUNTY, FLORIDA; THENCE NORTH 01'51'36'
EAST ALONG THE WEST BOUNDARY LINE OF SAID EXHIBIT 'B', A DISTANCE OF 450.00 FEET TO THE NORTHWEST CORNER OF SAID
EXHIBIT 'B'; THENCE SOUTH 830B'24 EAST ALONG THE NORTH LINE OF SAID EXHIBIT 'Ir, A DISTANCE OF 2.130.00 FEET TO THE
NORTHEAST CORNER OF SAID EXHIBIT 'B'; THENCE SOUTH 0111130' WEST ALONG THE EAST LINK OF SAID EXHIBIT 'B`, A DISTANCE OF
450.00 FEET TO A POINT ON THE NORTH LINE OF THOSE LANDS DESCRIBED IN EXHIBIT 'D' IN OFFICIAL RECORDS BOOK 1433, PAGES
$09 -319 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE SOUTH 0008'24 EAST AUINIC SAID NORTH UNE, A
DISTANCE OF 2,255.22 FEET TO A POINT ON THE WEST LINE OF NORTH GOLDEN GATE CANAL RIGHT —or-WAY; THENCE ALONG SAID
WEST LINE SOUTH 01'49'121• WEST ALONG SAID WEST UK A DISTANCE OF 130.00 FEET TO THE SOUTHEAST CORNER OF SAID EXHIBIT
29.37 FEET LANDS THENCE NORTH DESCRIBED IN 8608'24!
EXHIBIT 'Cr IN OFFICIAL RECORDS Boo 1433.
PACO 309-519 OF THE PUBLIC RECORDS COWER COUNTY,
FLORIDA; THENCE SOUTH 01'49'lr WEST ALONG THE EAST UIK OF SAID DESCRIBED LANDS, A DISTANCE Of 4,173.91 FEET TO A
POINT ON THE NORTH RIGA -OF -WAY LINE Of OIL WELL ROAD; THENCE NORTH 8305'50' WEST ALONG SAID NORTH RKGNT -Of -WAY
LINE, A DISTANCE OF 150.00 FEET TO THE SOUTHWEST CORNER Of SAID DESCRIBED LANDS; THENCE NORTH 01'49'15' EAST ALONG
THE WEST UNE OF SAID DESCRIBED LANDS, A DISTANCE OF 4,173.80 FEET To THE SOUTH UNE OF THOSE LANDS DESCRIBED IN
EXHIBIT 'Cr IN OFFICIAL RECORDS BOOK 1433. PAGES 509 -319 OF THE PUBLIC RECORDS OF Co LLIER COUNTY, FLORIDA; THENCE
NORTH 8308'24 WEST ALONG SAID BOOTH E, A DISTANCE OF 1, 018.02 fECT; THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH
7351'16' WEST, A DISTANCE Of 432.42 FEET TO A POINT OR THE WEST LINE OF SAID SECTION 131 THENCE CONTINUE SOUTH
7351'il' WEST ALONG SAID SOUTH LINE, A DISTANCE Of 2,213.79 FEET TO THE SOUTHWEST CORNER OF THOSE LANDS DESCRIBED IN
SAID EXHIBIT 'Or; THENCE NORTH 01.33'16' EAST ALONG THE WEST LINE OF SAID EXHIBIT 'D', A DISTANCE OF 135.32 FEET TO THE
NORTHWEST CORNER OF SAID EXHIBIT 'Dr; THENCE NORTH 7351'16' EAST ALONG THE NORTH LINE OF SAID EXHIBIT '0', A DISTANC[
OF 2,214.06 FEET TO THE POINT OF BEGINNING.
CONTAINING 62.63 ACRES, MORE OR LESS.
RN 13 R 24-111 MOST a 07 common
A PORTION OF
SECTIONS 13 do 14, T- 48 —S., R- 27 —E.,
TAM Iwo mer' Ic"�- �,�XMT00D 0I
This is NOT a Surrey.
INt�_N1/fflm� - W4'
we,.A. , se
Page_ of 2007 - 15,42:27 TOE.,UDRNE;x: \SU;t�7001)1 \ICI -55.e"
16E 7
EXHIBIT "B"
Pollution Control & Prevention Department Report — August 23, 2011
Recommended Actions and Scope of Work for the four listed sites (refer to
attached map for sites A though D locations):
Site A-
1. Petroleum Contaminated Soil - A 3 foot by 1.5 foot area of petroleum stained soil was
observed around the "storm water well piping" at Site A. At a minimum this
contaminated soil needs to be properly removed and disposed of consistent with
applicable regulatory requirements.
2. Repair - The "storm water well piping" should be repaired to stop future petroleum
leaking.
3. Secondary Containment —
• Option A — Replace single - walled steel aboveground storage tanks with a dual
walled above ground tanks with dual walled piping that provides adequate
secondary containment.
• Option B - Sanding, priming and painting the existing tanks exterior and supports
to prevent tank failure, remove the manifold that joins both tanks and increase
the size of the existing secondary containment area to hold 110 % of the largest
tank contents in the event of a catastrophic failure of one of the tanks. To also
apply epoxy paint to the inside of the tanks dike field that will ensure the
secondary containment is product tight.
4. Regulatory Requirements - In the event the design capacity of "Option A or Option B"
exceeds 550 gallons (i.e. regulated tank) design it must comply with F.A.C. 62 -762
requirements.
(Refer to supporting documentation for further detail.)
Site B -
1. Diesel leaks were observed at the fuel hose and at the base of the pump. Both leaks
have stained the concrete pad the components are housed on. Pollution Control &
Prevention Department (PCPD) recommends the clean up the released petroleum
product, and the repair of the leaking component to prevent further discharge.
Page 1 of 5
16E 7
2. Sludge and storm -water were observed inside of the polyethylene tub secondary
containment unit. PCPD recommends the proper removal and disposal of the water and
sludge to prevent deterioration of the tank supports.
3. Corrosion of the tank exterior and the tank supports was observed. PCPD recommends:
• Option A — Replace single - walled steel aboveground storage tanks with a dual walled
above ground tank with dual walled piping that provides adequate secondary
containment.
• Option B - Sanding, priming and painting the existing tank exterior and supports to
prevent tank failure, ensure the size of the secondary containment area is maintained
so it holds 110 % of the tank's contents.
(Refer to supporting documentation for further detail.)
Site C -
1. The two out -of- service aboveground storage tanks should be removed and disposed of
properly.
2. Any petroleum storm -water mixture found within either of these tanks should be
properly removed and disposed of in accordance with the appropriate rules and
regulations.
(Refer to supporting documentation for further detail.)
Site D -
1. The northern most storage unit located on the Bollt Canal Property should be relocated
off the property.
(Refer to supporting documentation for further detail.)
Recommended Actions for all Sites:
1. F.A.C. 62 -762. 401(4)(b)1: For a storage tank system with a capacity greater than 550
gallons and less than or equal to 10,000 gallons, the demonstration of financial
responsibility for corrective action and third -party liability shall be a minimum of
$500,000.00 per incident and $1 million annual aggregate. It is recommended that
either the tank owner or the county assume financial responsibility for the vessels
located on the Bollt Canal Property.
Page 2 of 5
16E 7
2. All secondary containment areas where tanks containing pollutants are stored should
have the drainage valves in the closed position at all times, except when draining storm -
water from the areas.
Supporting Documentation:
These site observations were made on August 15, 2011 and August 18, 2011 during PCPD's
initial and follow -up site visit.
Site A: Storm Water Pump Station at Land Bridge
Site A is a storm water pump station on a land bridge located on Bollt Canal Property. Site A is
located on the top of the west bank of the North -South drainage easement. The station
includes two 515 gallon (estimated capacity) diesel single - walled steel aboveground storage
tanks. These tanks are manifold together by single - walled steel bottom entry piping. F.A.C. 62-
762 requires tanks with individual capacities above 550 gallons to comply with the rule.
The station also includes a storm water motor and extraction well equipment. The tanks and
the motor are located within an unlined concrete containment area, which is roofed and
fenced. The containment area has a capacity of 471 gallons. If the manifolded piping were to
fail or be damaged the contents of both 515 gallon tanks (estimated capacity) would empty into
the containment area, which is inadequate to contain the contents of only one of the tanks.
Because both tanks are manifold together the combined capacity (estimated at 1,030 gallons)
requires that these tanks comply with F.A.C. 62 -762 requirements. At a minimum these tanks
would be required to comply with the following.
1. F.A.C. 62- 762.401: The owner or operator of any facility, or the owner or operator of a
storage tank system, aboveground hazardous substance tank, or compression vessel,
shall register the storage tank system, aboveground hazardous substance tank, or
compression vessel with the Department on Form 62- 761.900(2).62- 762.401
2. F.A.C. 62- 762.501(c)3: Secondary Containment: Contain a minimum of 110% of the
maximum capacity of the tank or of the largest single - walled tank within the dike field
area. Capacity calculations shall include the volume occupied above the area of the
"footprint" of the tank bottom or the largest tank within the dike field area.
3. 62- 762.601(1)e: (e) At least once a month, but not exceeding 35 days, any storage tank
and component of a storage tank that can be inspected visually shall be visually
inspected in accordance with paragraph 62- 762.641(2)(e), F.A.C. A visual inspection is
not required for any system component that has a continuous or monthly electronic
release detection sensor. Continuous electronic leak detection devices shall be
inspected for proper operation on a monthly basis. Inspection may consist of visual
observation or remote verification of proper operation.
Page 3 of 5
16E 7
4. 62- 762.701(1)(a)1: Repair components which have or can cause a discharge.
a. An active diesel leak at the pump base has caused soil staining around the pump.
b. Both tanks have corrosion occurring which needs to be addressed. Tanks should
be primed, sanded and painted.
In addition, petroleum soil staining was observed around the "well piping" at this location. This
contaminated soil must be properly removed and disposed of.
Site B: Fuel Tank on West side of Reservoir
Site B is a storm water pump station located on the Bollt Canal Property. Site B is located on the
west side of the reservoir. The station includes one 515 gallon (estimated size) diesel single -
walled steel aboveground storage tank. The tank is contained in a polyethylene tub, which acts
as secondary containment; estimated capacity 717 gallons. The station also includes the storm
water motor and extraction well equipment. The tanks and the motor are located on a concrete
pad area which is roofed. This system is not regulated by F.A.C. 62 -762.
Listed below are our pollution prevention recommendations.
1. Diesel leaks were observed at the fuel hose and at the base of the pump. Both leaks
have stained the concrete pad the components are housed on. Pollution Control &
Prevention Department (PCPD) recommends the clean up the released petroleum
product, and the repair of the leaking component to prevent further discharge.
2. Sludge and storm -water were observed inside of the polyethylene tub secondary
containment unit. PCPD recommends the proper removal and disposal of the water and
sludge to prevent deterioration of the tank supports.
3. Corrosion of the tank exterior and the tank supports was observed. PCPD recommends:
• Option A — Replace single - walled steel aboveground storage tanks with a dual walled
above ground tank with dual walled piping that provides adequate secondary
containment.
• Option B - Sanding, priming and painting the existing tanks exterior and supports to
prevent tank failure, ensure the size of the secondary containment area is maintained
so it holds 110 % of the tanks contents.
Site C: Out -of- Service Storage Tanks South of Reservoir
Site C is located on Bollt Canal Property. It is a concrete dike - field, which contains two out -of-
service aboveground storage tanks. The tank located on the east side of the containment area
is of single - walled steel construction. This tank contains three inches of a petroleum
stormwater mixture. The bungs are missing from the top of the tank and the tank is severely
corroded.
Page 4 of 5
16E 7
The tank located on the west side of the containment area has a 515 gallon estimated capacity
and is of single walled steel construction. This tank is housed inside of a steel tank vault. This
tank also is severely corroded.
Site D: Dry Chemical Storage Units and Mixing Tank located iust East of Site C
Site D is located partially on Bollt Canal property. The site houses two storage units, a 2,500
gallon polyethylene chemical mixing tank and a large tank used for burning materials. The
northern most storage unit is the only component on the Bollt Canal Property. We did not have
access to the inside of the storage units. The tank is in good condition and no soil staining or
poor storage practices were observed during our site inspection.
Cleanup /Closure:
Upon completion of the "Recommended Actions and Scope of Work" listed above, the Pollution
Control & Prevention Department (PC &PD) should be contacted. The PC &PD will inspect the
site and issue a No Further Action, unless required by the Florida Department of Environmental
Protection.
Page 5 of 5
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OFFICE OF THE COUNTY ATTORNEY
INTEROFFICE MEMORANDUM
TO: Commissioner Fred W. Coyle, Chairman, District 4
CC: Jeffrey A. Klatzkow, County Attorney
FROM: Heidi Ashton-Cicko, Managing Assistant County Attorney 0.0k4'
DATE: June 26, 2012
RE: IRS Form for Donation of Bollt Canal System
Item 16E7, October 11, 2011
Attached is an original IRS Form 8283, Noncash Charitable Contributions (IRS Form),
submitted to Collier County for signature by Orangetree Associates. Collier County is being
asked to sign this IRS Form to acknowledge receipt of the donated Canals. Attached for your
reference is a copy of the recorded Trustee's Deed to Collier County.
You will note that the appraised value of the donated property will be completed by owner's
appraiser subsequent to your signature.
Since Collier County is only acknowledging that it received the Canals and is not attesting to the
values, I find this form to be legally sufficient and appropriate for signature by you on behalf of
Collier County.
Please call me if you have any questions. Upon execution, please return the signed documents to
me. Thank you.
Attachment
i
CP:11-PRC-01793\146 t
16E ?
Form 8283 Noncash Charitable Contributions
OMB No 1545-0908
(Rev. December 2006) ► Attach to your tax return if you claimed a total deduction
Department of the Treasury of over 5500 for all contributed property. Attachment
Internal Revenue Service I■ See separate instructions. Sequence No. 155
Name(s)shown on your income tax return Identifying number
Orangetree Associates 59-2722175
Note. Figure the amount of your contribution deduction before completing this form. See your tax return instructions.
Section A. Donated Property of$5,000 or Less and Certain Publicly Traded Securities—List in this section only
items (or groups of similar items) for which you claimed a deduction of $5,000 or less. Also, list certain
publicly traded securities even if the deduction is more than $5,000 (see instructions).
Part I Information on Donated Property—If you need more space, attach a statement.
1 (a)Name and address of the (b)Description of donated property
donee organization (For a donated vehicle,enter the year,make,model,condition,and mileage,
and attach Form 1098-C if required.)
A
B
C
D
E
Note. If the amount you claimed as a deduction for an item is$500 or less, you do not have to complete columns (d), (e), and (f).
(c)Date of the (d)Date acquired O q (e)How acquired (f)Donor's cost (g)Fair market value (h)Method used to determine
contribution by donor(mo.,yr.) by donor or adjusted basis (see instructions) the fair market value
A
B
C
D
E
Part II Partial Interests and Restricted Use Property—Complete lines 2a through 2e if you gave less than an
entire interest in a property listed in Part I. Complete lines 3a through 3c if conditions were placed on a
contribution listed in Part I; also attach the required statement (see instructions).
2a Enter the letter from Part I that identifies the property for which you gave less than an entire interest •
If Part II applies to more than one property, attach a separate statement.
b Total amount claimed as a deduction for the property listed in Part I: (1) For this tax year •
(2) For any prior tax years •
c Name and address of each organization to which any such contribution was made in a prior year(complete only if different
from the donee organization above):
Name of charitable organization(donee)
Address(number,street,and room or suite no.)
City or town,state,and ZIP code
d For tangible property, enter the place where the property is located or kept •
e Name of any person, other than the donee organization, having actual possession of the property •
3a Is there a restriction, either temporary or permanent, on the donee's right to use or dispose of the donated Yes No
property?
b Did you give to anyone(other than the donee organization or another organization participating with the donee
organization in cooperative fundraising)the right to the income from the donated property or to the possession of
the property, including the right to vote donated securities, to acquire the property by purchase or otherwise, or
to designate the person having such income, possession, or right to acquire?
c Is there a restriction limiting the donated property for a particular use?
For Paperwork Reduction Act Notice,see separate instructions. Cat.No.62299J Form 8283 (Rev. 12-2006)
16E 7
Form 8283(Rev. 12-2006) Page 2
Name(s)shown on your income tax return
Identifying number
Section B. Donated Property Over$5,000(Except Certain Publicly Traded Securities)—List in this section only items(or groups of similar
items)for which you claimed a deduction of more than$5,000 per item or group(except contributions of certain publicly traded
securities reported in Section A).An appraisal is generally required for property listed in Section B(see instructions).
Part I Information on Donated Property—To be completed by the taxpayer and/or the appraiser.
4 Check the box that describes the type of property donated:
❑ Art'(contribution of$20,000 or more) ❑ Qualified Conservation Contribution ❑ Equipment
❑ Art'(contribution of less than$20,000) ❑ Other Real Estate ❑ Securities
❑ Collectibles** ❑ Intellectual Property ❑ Other
'Art includes paintings.sculptures,watercolors,prints,drawings,ceramics,antiques,decorative arts,textiles,carpets,silver,rare manuscripts,historical memorabilia,and
other similar objects.
""Collectibles include coins,stamps,books,gems,jewelry,sports memorabilia,dolls,etc.,but not art as defined above.
Note. In certain cases, you must attach a qualified appraisal of the property. See instructions.
5 (a)Description of donated property(if you need (b)If tangible property was donated,give a brief summary of the overall (c)Appraised fair
more space,attach a separate statement) physical condition of the property at the time of the gift market value
A 62.63 acres Canal/Reservoir as described
B on the attached e Y h, 6, } ,41
C
D
(d)Date acquired (e)How acquired (1)Donor's cost or (g)For bargain sales,enter See instructions
by donor(mo.,yr.) by donor adjusted basis amount received (h)Amount claimed as a (I)Average trading price
deduction of securities
A Feb., 1986 Purchase 117,261 .00
B
C
D
Taxpayer(Donor)Statement—List each item included in Part I above that the appraisal identifies as having
a value of$500 or less. See instructions.
I declare that the following item(s)included in Part I above has to the best of my knowledge and belief an appraised value of not more than$500
(per item). Enter identifying letter from Part I and describe the specific item. See instructions. •
Signature of taxpayer(donor) • Date •
Part III Declaration of Appraiser
I declare that I am not the donor,the donee,a party to the transaction in which the donor acquired the property,employed by,or related to any of the foregoing persons,or
married to any person who is related to any of the foregoing persons.And,if regularly used by the donor,donee,or party to the transaction,I performed the majority of my
appraisals during my tax year for other persons.
Also, I declare that I hold myself out to the public as an appraiser or perform appraisals on a regular basis;and that because of my qualifications as described in the
appraisal,I am qualified to make appraisals of the type of property being valued.I certify that the appraisal fees were not based on a percentage of the appraised property
value.Furthermore,I understand that a false or fraudulent overstatement of the property value as described in the qualified appraisal or this Form 8283 may subject me to
the penalty under section 6701(a)(aiding and abetting the understatement of tax liability).In addition,I understand that a substantial or gross valuation misstatement
resulting from the appraisal of the value of the property that I know,or reasonably should know,would be used in connection with a return or claim for refund,may subject
me to the penalty under section 6695A.I affirm that I have not been barred from presenting evidence or testimony by the Office of Professional Responsibility.
Sign
Here Signature ► Title • Date •
Business address(including room or suite no.) Identifying number
City or town,state.and ZIP code
Part IV Donee Acknowledgment—To be completed by the charitable organization.
This charitable organization acknowledges that it is a qualified organization under section 170(c)and that it received the donated property as described
in Section B,Part I,above on the following date • October 27,2011
Furthermore,this organization affirms that in the event it sells,exchanges,or otherwise disposes of the property described in Section B,Part I(or any
portion thereof)within 3 years after the date of receipt,it will file Form 8282,Donee Information Return,with the IRS and give the donor a copy of that
form.This acknowledgment does not represent agreement with the claimed fair market value.
Does the organization intend to use the property for an unrelated use? • ❑ Yes No
Name of charitable organization(donee) Employer identification number
COLLIER COUNTY,a political subdivisionoftheState of Florida 59-6000558
Address(number,street,and room or suite no.) City or town,state,and ZIP code
3335 Tamiami Trail East, Suite 101 Naples, FL 34112
Au • nature Title Date
t/KJJ�LJ� CHAIRMAN (2%11'2_
® Printed on Recycled Paper Form 8283 (Rev. 12-2006)
OR 4726 PG 3137 1 6 E 7 i5.,
7
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SURVEYOR'S REPORT/NOTES
`�1� �� I G I. Bearings Cr. based on West line of Section i?
i,r�t- i 13 being S02'06.5 TW.
= f ttCii s ,R ls.s •• 1 2. This property is subject to cny foots that may I�
a 3 �' I 0a.0004 1433, be revealed with a full and accurate title search. D
MO II Al a = ••a ea g
to i 'MS/ f 3. All dimensions ore in feet and decimals
w AA thereof, unless otherwise noted. •
IMO I 1 ! 4 4. Subject to easements, reservations and
} restrictions of record.
J 1.• •
ovum*
/ I i �W a l O r T� LEGEND
Y > v P08 . POINT OF BEGINNING
POC • POINT OF COMMENCEMENT
i GO ��
El--- -URVEYOR'S CERTIFICATE
R THE EXCLUSIVE USE or
C JJER CcuvTY U LOSS DEPARTVENT
•
. —4414,4 .
AT I ir 047.4.-vy /Th- _
( .r.U,I..wy r,,.0 'CC THE FWV)�U VAW4 ✓ 110.4a,
0 :30 300 1030 336'3 ACN A1A rOHO . H[ :Cwr11RC AND
GRAPHICS 'TK CR:ONAL OF A FLORIDA
.O•'SEC SI7r47OR AND LL{7I[R
DESCRIPTION �'• ;
ALL OF THOSE LANDS CESCRIBED IN EX D EXHIBIT'IF IN OmcIAL R •• ^ 1433, PAGES 509-519 OF THE PUBLIC
RECORDS OF COWER COUNTY, FLORIDA; T' ,HER , H THAT LAND DESCRIBED IN RECORDS BOOK 1322. PAGES
1897-1903 OF THE PUBLIC RECORDS OF C• • • . FLORIDA; BEING PO =DNS 13 AND 14,TOWNSHIP 48 SOUTH,
RANGE 27 EAST, COWER COUNTY.FLORIDA, :. • , CULARLY CE • r • LOWS.
COMMENCING AT THE NORTHWEST CORNER OF SEC • 11.' • f I-4. 7, . • GE 27 EAST. COWER COUNTY, FLORIDA,'THENCE
SOUTH 02'OB'3r WEST ALONG THE WEST UNE OF SA. -•1'-• a 3,UA,,, • Or 1080.75 FEET TO A POINT ON THE NORTH UNE
CF TO THOSE LANDS DESCRIBED IN EXHTHT'c IN OFFICIAL 'I . '•K 1433, PACES 509-519 OF THE PUBLIC RECORDS OF
COWER COUNTY, FLORIDA.AND THE PONT OF Kt:INNING:
THENCE NORTH 76'51'18' EAST ALONG SAID NORTH LINE.A DISTANCE OF 431.02 FEET; THENCE CONTINUING ALONG SAID NORTH UNE
SOUTH ••05•24 EAST.A DISTANCE OF 511.63 FEET TO THE SOUTHWEST CORNER CF THOSE LANDS DESCRIBED IN EXHIBIT'B' IN
OFFICIAL RECORDS BOOK 1322, PACES 1897-1903 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA'THENCE NORTH 01'51.3(
EAST ALONG THE WEST BOUNDARY LINE Or SAID EXHIBIT'Br,A DISTANCE OF 450.00 FEET TO THE NORTHWEST CORNER OF SAID
COEDIT'B';THENCE SOUTH B5os•24' EAST ALONG THE NORTH UNE CF SAID EXHIBIT'e',A DISTANCE OF 2,150.00 FEET TO THE
NORTHEAST CORNER Or SAID EXHIBIT'r; THENCE SOUTH OrSi'35' WEST ALONG THE EAST LINE OF SAID EXHIBIT'er, A DISTANCE OF
450.00 FEET TO A POINT ON THE NORTH UNE Or THOSE LANDS DESCRIBED IN EXHIBIT'0' IN OFFICIAL RECORDS BOOK 1433, PAGES
509-519 CF THE PUBLIC RECORDS OF COLDER COUNTY, FLOR:Ok THENCE SOUTH 8405.24' EAST ALONG SAID NORTH UNE.A
DISTANCE OF 2.255.22 FEET TO A POINT ON THE WEST LINE OF NORTH GOLDEN CATE CANAL RIGHT-OF-WAY; THENCE ALONG SAID
WEST LINE SOUTH 01'4995' WEST ALONG SAID WEST UNE A DISTANCE CF 150.00 FEET TO THE SOUTHEAST CORNER OF SAID EXHIBIT
'0'; THENCE NORTH Brom'24' WEST ALONG SLID SOUTH LINE. A DISTANCE OF J.729.37 FEET TO THE NORTHEAST CORNER OF THOSE
LANDS DESCRIBED IN E30NISR'C IN OmC:AL RECORDS BOOK 1433, PAGES 509-319 or THE PUBLIC RECORDS OF COWER COUNT?,
FLORDA:
ON THE N NORTH RIGHT-OF-WAY ME Or Oil,WELL SROAD; THENCE 3NORTH 88'05'56'G WEST ALONG SAD NORTH RIGHT-OF-WAY
UNE.A DISTANCE OF 150.00 FEET TO NE SOUTHWEST CORNER OF SAID DESCRIBED LANDS;THENCE NORTH 01•49•15' EAST ALONG
NE WEST LINE OF SAID DESCRIBED LANDS. A DISTANCE CF 4,173.80 FEET TO THE SOUTH UNE OF THOSE LANDS DESCRIBED IN
EXHIBIT'Cr IN OFFICIAL RECORDS BOOK 1433, PAGES 506-519 OF THE PUBLIC RECORDS OF COWER COUNTY. FLORIDA;THENCE
NORTH 8rC8'24' WEST ALONG SAID SOUTH UNE.A DISTANCE OF 1,018.02 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH
7rs1'tr WESF,A DISTANCE OF 452.42 FEET TO A POINT 0:4 THE WEST LINE OF SAD SECTION 13;THENCE CONTINUE SOUTH
76'S1'I5* WEST ALONG SAP SOUTH UNE.A DISTANCE OF 2,213.79 FEET TO THE SOUTHWEST CORNER CF THOSE LANDS DESCRIBED IN
SND EXHIBIT'0'; TH°J:CE NORTH Ot'S3'tr EAST ALONG THE WEST UNE OF SAID wow'0',A DISTANCE OF 155.32 FEET TO THE
NORTHWEST CORNER Or SAO EXHIBIT'0': THENCE NORTH 76'51'15' EAST ALONG THE NORTH LINE or SAID EXHIBIT'Cr,A DISTANCE
OF 2214.86 FEET TO THE POINT CF BEGINNND.
CONTAINING 62.83 ACRES, MORE OR LESS.
CO
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REV 1) RCVRCO SOV1MENLY YDST CLARNO 07/07
FOR: COLLIER COUNTY UTO3T1E5 CIPARTKLNT This is NOT a Survey.
VI SKETCH & DESCRIPTION OF
A PORTION OF IS QnMIIIer _.....,'`°'
o
SECTIONS 13 & 14, T-40-S., R-27-E.,
COLLIER COUNTY, FLORIDA "3073,.1.,
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.1— TASK CODE: OAA11'N s CK'1CD n: CAD IRE: many kQ SHLtr I N7EX N0:
TASEZ TKO 1 018 [ 1GG-55.dvg I 04550-1111-000 I 1 Cr ) 1G6-55 I RM
Exhibit A .2;•d - :. lOCS a,•E,. s ',r:o:1\1c4,.r. .,
INSTR 4615188 OR 4726 PG 3135 RECORDED 10/11/2011 4:21 PM PAGES 8 16E 7 '
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
DOCCd.70 $0.70 REC $69.50
This Instrument Prepared by:
Marshall J.Emas,Esq.
Shutts&Bowen LLP
200 East Broward Boulevard
Suite 2100 .
Ft.Lauderdale,Florida 33301 •
TRUSTEE'S DEED
(Bollt/Collier County/Canals and Small Reservoir)
THIS TRUSTEE'S DEED made this 27th day of September, 2011, by ROBERTO
BOLLT, individually and as Successor Trustee under that certain Land Trust Agreement dated
January 27, 1986 recorded in Official Records Book 1347, Page 2331, and amended June 26,
1996, and recorded in Official Records Book 2250, Page 1827, both of the Public Records of
Collier County, Florida, whose mailing address is do Orangetree Associates, 4500 Executive
Drive, Suite 110, Naples, Florida 3411• • r:r- ,H ' : referred to as "Grantor") to COLLIER
COUNTY, a political subdivision •t t ' ••MiTh whose post office address is 3299
Tamiami Trail East, c/o the 0 S.f• e County At • . e , uite 800, Naples, Florida 34112
(hereinafter referred to as"Gra, ee
WITNESSETH: That .aid a . et.r, t,- . •, •e o• '• en n •f the sum of Ten and No/100
Dollars ($10.00), and othe va , . • . i t . ,� - �T her of is hereby acknowledged,
hereby grants, bargains, sell , .1 r+ - : :. :s, cos : • onfirms unto the grantee, all
that certain land (the "Lan•E) s ' . e t " •ll o •a, to wit: See Exhibit "A"
attached hereto and made a • r hereof. .0
This property is not the homeste.• o 'e Grantors. V
TOGETHER with all the tenem- • .. •d t4 , - .nd appurtenances thereto belonging or
in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever, subject to taxes, covenants,
conditions,easements,restrictions,agreements,plats and reservations of record.
SAVING AND RESERVING UNTO GRANTOR, its successors and assigns, the rights and
reservations set forth on Exhibit`B"attached hereto and made a part hereof.
AND GRANTEE, its successors and assigns, by acceptance of this Deed, hereby agrees to the
matters set forth on Exhibit"B."
GRANTOR COVENANTS with Grantee that Grantor has good right and lawful authority to
sell and convey the property and Grantor warrants the title to the property for any acts of Grantor
and will defend the title against the lawful claims of all persons claiming by, through or under
Grantor,but none other.
(The terms "Grantor" and "grantee" herein shall be construed to include all genders and
singular or plural as the context indicates.)
I�o4F VEl'AMCE
r CAMd1p?3ED .y 1
R CO.L IER COUNTY. _5698053 S EGA �'9/27/1 DATED:
OR 4726 PG 3136 16 E 7 vi
• .
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and
year first above written.
WITNE i
(Si:. at 411 Illki ROB ,'PO BOLLT,individually and as
Successor Trustee under Land Trust
Ati6EM Hitae0 Agreement dated January 27, 1986, recorded in
(Print Name) O.R. Book 1347, Page 2331, and amended June
26, 1996,and recorded in O.R.Book 2250,
Page 1827,both of the Public Records of
Collier County,Florida
G1-L•I
ature) 1Oy� ER CO0
'✓"' ` al 4/040
(Print Name)
STATE OF FLORIDA
r'i CC a PV ,-
COUNTY OF COLLIER
The foregoing Trustee's r1- was acknowledg o •e •r e this 27th day of September,
2011, by Roberto Bollt, individu• . • as Successor T s ti der Land Trust Agreement dated
January 27, 1986, recorded in 0 1. '•:I� • . , Page 2331, and amended June 26,
1996, and recorded in Official Recor• _+':'�.,, , +;ill•.ge 1827, both of the Public Records of
Collier County,Florida,who is personally known to me.
V\I- U1/4)4.1--
(Signature of Notary Public)
Kimberly Pearce Wilber,Notary
Commission Expires:
N. KNEERLyPEARCEW48ER
'"•' •
WIRES: •EE 103974
�' , ?,f __11ru .2015
UIteis
Approve as to form&legal sufficiency
FTLDOCS 5698053 5
6q—.
oun y Attorney
9/27/11
OR 4726 PG 3137 16E 7 .1
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•p,5'• I
2 SURVEYOR'S REPORT/NOTES
! ifs �mi j K 1. Bearings are based on West line of Section I,
i,r•z i 13 being 50206'STW. ��
_ G RClaNal 7s.4 . i 2. This property is subject to any foots thot may
I oa.e0o[,w be revealed with
a tuft and accurate title scorch.
►a;[601
�i - : *PAP r 3. All dimensions are in feet and decimals
.en..,.... _ N thereof, unless otherwise noted.
1MI
ISM I 1 4 4. Subject to easements, reservations and
..._ 3 } restrictions of record.
I
ift osnum,A -
I & LEGEND
/ I (,S S ��■' GI' j k POB : POINT OF BEGINNING
vYY CJ POC POi.VT CF COMMENCEMENT
I G
URVEYOR'S CERTIFICATE
R THE OICLUSYC WE Of:
t0o1/371, Lt.. .IJCR COUNTY UTS TZS DePARTUENT
1.1.1.
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•
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GRAPHICS 0I A FLORIDA
DESCRIPTION ' 'era utemoR ma wrPOl•ALL OF THOSE LANDS CESCRI9ED IN EX•: D EXHIBIT'Cr IN OFFICIAL R • •• :p 1433, PACES 509-519 OF THE PUBLIC•
RECORDS OF COWER COUNTY, FLORIDA; 1 =HER H THAT LAND DESCRIBED IN
1597-1903 OF THE PUBLIC RECORDS OF C. . FuOR'0A; BONG PO I RECORDS BDOK 1322, PACES
RANGE 27 EAST, COWER COUNTY, FLORIDA, ., CULAID.Y CE CiIONS 13 MD 14, TOWNSHIP 48 SOUTH.
• LOWS,
COMMENCING AT THE NORTHWEST CORNER OF SE - 1� • r I T..�, . • GE 27 EAST. CO.L.'ER COUNTY, FLORIDA; THENCE
SOUTH 0206'57' WEST ALONG THE WEST UNE OF SAID .1'�`. 3 ,
CF TO THOSE LANDS DESCRIBED IN EXH:9IT'C LV OFFICIAL I OF 1060.75 FEET TO A POINT ON THE NORTH UNE
CCLUER COUNTY, FLORIDA,AND THE PONE OF BEGINNING; 'K 1433, PACES 509-619 OF THE PUBLIC RECORDS OF
THENCE NORTH 7f51'15' EAST ALONG SAID NORTH UNE.A DISTANCE OF 431.02 FEET; THENCE CONTINUING ALONG SAID NORTH UNE
SOUTH 66'CO'2t EAST,A CISTANCE OF 511.03 FEET TO THE SOUTHWEST CORNER CF THOSE LANDS DESCRIBED IN EXHIBIT'B' IN
OFFICIAL RECORDS BOOK 1322. PA:ES 1697-1903 OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 01'31'3C
EAST ALONG THE WEST BOUNDARY LINE or SAID EXHIBIT'8', A CISTANCE OF 450.00 FEET TO THE NORTHWEST CORNER OF SAID
EXHIBIT'B';THENCE soup+ 8508'2.' EAST ALONG THE NORTH LINE cF SAID EXHIBIT'B',A DISTANCE OF 2.150.00 FEET TO THE
NORTHEAST CORNER OF SAID EXHIBIT'8'; THENCE SOUTH 01'51'36' WEST ALONG THE EAST UNE OF SAID EXHIBIT'B',A DISTANCE OF
450.00 FEET TO A PONT ON THE NORTH UNE Or THOSE LANDS DESCRIBED IN EXHIBIT'C' IN OFFICIAL RECORDS 9:0K 1433, PAGES
509-519 CF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 66.08.24' EAST ALONG SAID NORTH UNE.A
DISTANCE or 2.255.22 FEET TO A POINT ON THE WEST UNE OF NORTH GOLDEN GATE CANAL RIGHT-OF-WAY; THENCE ALONG SAID
WEST LINE SOUTH 01'49'13' WEST ALONG SAID WEST UNE, A DISTANCE CF 130.00 FEET TO THE SOUTHEAST CORNER OF SAID EXHIBIT
D'; THENCE NORTH IfOB'2.' WEST ALONG SAID SOUTH UNE.A DISTANCE Or 3,729.37 FEET TO THE NORTHEAST CORNER or THOSE
LANDS DESCRIBED IN EXHIBIT'C IN OFFICIAL RECORDS BOOK 1433, PAGES 509-519 OF ThE PUBUC RECORDS OF COLLIER COUNTY,
FLORaA; THENCE SOUTH 01'49.13' WEST ALONG THE EAST UNE OF SAI3 DESCRIBED LANDS, A DISTANCE OF 4,173.91 FEET TO A
POINT ON THE NORTH RIGHT-OF-WAY LINE Of OIL WELL ROAD; THENCE NORTH 68.06'56' WEST ALONG SAID NORTH RIGHT-OF-WAY
LINE. A DISTANCE OF 150.00 FEET TO THE SOUTHWEST CORNER OF SAID DESCRIBED LANDS;THENCE NORTH 01•19•15' CAST ALONG
THE WEST LINE OF'SAID DESCRIBED LANDS.A DISTANCE OF 4,173.60 FEET TO THE SOUTH UNE OF THOSE LANDS DESCRIBED IN
EXHIBIT'Cr IN OFRCK RECORDS BOOK 1433, PAGES 507-519 OF THE PUBLIC RECORDS CF COIUER COUNTY. FLORIDA;THENCE
NORTH 85'C5•24' WEST ALONG 5410 SOUTH LINE,A DISTANCE OF 1,015.02 FEET;THENCE CONTINUING ALONG SAID SOUTH UNE SOUTH
76'51'16' WEST,A DISTANCE OF 452.42 FEET TO A POLNT ON THE WEST UNE OF SAID SECTION 13; THENCE CONTINUE SOUTH
76'51'16' WEST ALONG SAID SOUTH LINE, A DISTANCE OF'2,213.79 FEET TO THE SOUTHWEST CORNER OF THOSE LANDS DESCRIED IN
SND EXHIBIT'C'; THENCE NORTH 01'53'16' EAST ALONG THE WEST UNE OF' SAID EXHIBIT•0',A DISTANCE OF 155.32 FEET TO THE
NORTHWEST CORNER Or SAD EXHIBIT'IT; THENCE NORTH 76'31'16' EAST ALONG THE NORTH LINE OF SAID EXHIBIT'O',A DISTANCE
OF 2214.86 FEET TO THE POINT CF BEGINNN:.
CONTAIN:NC 62.83 ACRES, MORE OR LESS.
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W REV 7) ROMEO 02-7s-11,1.1U-COUNTY COUNEN•S
1 REV 17 ROAM SOVTNERLT 1,OST WART: 07/07
l'''.. FOB:COWER COUNTY UTILITIES DEPARTMENT This is NOT • Survey.
II SKETCH & DESCRIPTION OF �//�/ Lj
A PORTION OF II//eII!/I,B�r ==-
-« SECTIONS 13 & 14, T-48—S., R-27—E., «& L--•
COLLIER COUNTY, FLORIDA "''° k
sp.- 1435 O
EOPC
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OR 4726 PG 3138 16E 7 4
EXHIBIT"B"
RIGHTS AND RESERVATIONS OF GRANTOR
Grantee and its successors and assigns, by acceptance of this Deed, hereby assumes the
responsibility for the maintenance and operation of the canal and reservoir system located upon
the Lands including, without limitation, their compliance with applicable laws, rules and
regulations.
Grantee acknowledges that: (i) the Lands lie within the "Orange Tree PUD" (the "Orange Tree
PUD"), as more particularly described on Exhibit "B-1" attached hereto, being developed by
Grantor and consist of waterways which are used by Grantor and others to serve and operate the
Orange Tree PUD, and by members of the public and others, and serve as storm water drainage
and storage areas available for use by projects in which Grantor has an interest,and by projects in
which Grantor has no interest; (ii) the Lands are •art of an integrated, overall "master" storm
water drainage system serving the Or - Atcyt P 1 • other developments, are incorporated
into and a necessary part of the dr.'i - m o — v . •e Tree PUD, and connect to many
other lakes, water storage and ' • e - eas; and (iii) Gran : • or others own the real property
adjacent and contiguous to the an•,s
Grantor hereby reserves, for tse ' - 04 .-:•.t . 1_ ;.,-/ . f• all predecessors in title, the
right to discharge storm vat r d,. =ge . . . •- r e pas ,presently and in the future)
into the Lands from any an m'l , .�f • ' :-_.efit i• o.ert'-s" within the Orange Tree
— ) g e
PUD being developed by G t. , and the right of> ress an• ss over and about the Lands
for such purposes. The Ben. ,g• Properties inclu: '', v' h. 0 itation: (i) those properties
benefited from the reservation r>f . or of the Grantor, : tb easement rights in favor of the
Grantee, described in the Easem . --ments reco • • 'i r fficial Records book 1322, Page
1897, and Official Records Book 1, p 0. AlCos e Public Records of Collier County,
Florida; (ii) those properties which curren • .- - ' om,or have in the past benefited from,the
discharge of storm water or surface water into the Lands, or into other properties which directly
or indirectly drain into, or are served by,the Lands; (iii)properties for which Grantor,pursuant to
recorded plats in the Orange Tree PUD, or under permits, licenses and approvals issued by
applicable governmental authorities, retained storm water management or storm water drainage
maintenance obligations or responsibilities; and (iv) properties encumbered by any recorded
declaration under which Grantor,initially,or as a successor in title, served as"Declarant"and for
which Grantor or any successor property owners' association and/or homeowners' association
has storm water management or storm water drainage maintenance obligations or
responsibilities. Grantee shall not act in any manner which would block, obstruct, impair,
impede,disrupt or interfere with the discharge of storm water or surface water into the Lands.
Grantee will reasonably cooperate with Grantor, its employees and agents, to facilitate the
Grantor's exercise of the rights it has reserved in this Deed.
FTLDOCS 5698053 7
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OR 4726 PG 3139 16E 7
Grantee acknowledges that the Lands are being conveyed in their existing condition, "as is,"
without any representation or warranty of Grantor or of any nature whosoever, express or
implied, oral or written, except as set forth in this Deed. Grantee acknowledges that it is not
entitled to rely upon Grantor or Grantor's agents or employees with respect to the quality, nature,
adequacy or physical condition of the Land's soils, ground water, utilities, habitability,
merchantability or fitness, suitability, zoning or compliance of the Land and its operations with
any applicable codes, laws, regulations, statutes, ordinances, covenants or conditions, or the
quality of labor or materials relating to the Land. GRANTEE ACKNOWLEDGES THAT,
EXCEPT AS SET FORTH IN THIS DEED, GRANTOR HAS NOT MADE, AND WILL NOT
MAKE, ANY WARRANTIES OR REPRESENTATIONS, AND THAT NONE ARISE BY
OPERATION OF LAW, WITH RESPECT TO ANY MATTER RELATING TO THE LAND
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF CONDITION,
MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR USE OR
PURPOSE, OR WITH RESPECT TO THE VA E, PROFITABILITY OR MARKETABILITY
OF THE PROPERTY. GRANTEE • t`a OM:It; HAT, EXCEPT AS SET FORTH IN
THIS DEED, GRANTOR H. "l►! • • • i` 44, ■ WILL NOT MAKE, ANY
REPRESENTATIONS OR f; c.• •NTIES WIT •. PECT TO THE LAND'S
ENVIRONMENTAL COND IO : • •MPLI CE IT ANY ENVIRONMENTAL
LAWS OR REQUIRE N S UP t G, WITH t U LIMITATION, THOSE
PERTAINING TO THE E IS 1':1: '���i��-ii'��e�• f H .NDLING, GENERATING,
TREATING, STORING 0'. DID.P OS •JJTA , 1U• OR TOXIC WASTES OR
MATERIALS. E--
Grantee, for itself and its suc - =,a and assigns, do r� re► di se and discharge Grantor(and
Grantor's heirs,personal repress t es,beneficiaries,p. ees,, .ffiliates,related parties, agents,
employees, successors and assig - tively, the "• - -Ss -s") from and against any and all
claims, demands, actions,causes of .,'o�i� . .1 eys' fees at trial and appellate levels,
and costs and expenses of any nature w including, without limitation, any right to
damages, indemnity, contribution or any other remedy) which involve, arise from or pertain to
the Lands or the physical condition or nature of the Lands and which are based, in whole or in
part, directly or indirectly, upon any contamination of, or presence in, on or under the Lands or
adjacent lands, of any hazardous or toxic wastes or materials of any kind or nature whatsoever
(all of the foregoing are, collectively, the "Claims"). Grantee does hereby agree to defend,
indemnify and hold the Releasees (and each of them) harmless, to the extent permitted by
applicable law, from and against the Claims, except to the extent of a Claim based solely upon •
the acts of Grantor, its agents or employees, in violation of applicable laws, rules and regulations.
Grantee acknowledges that the conveyance of the Lands is a charitable donation by Grantor to
the Grantee. Grantee shall pay for all costs of recording this Deed, including any documentary
stamp tax due or payable
Grantor has executed this Deed on behalf of the trust ("Trust") for which he serves as trustee
("Trustee") solely in the capacity of trustee and not individually. Therefore, notwithstanding
anything to the contrary contained in this Deed, the parties agree that (i) all covenants,
agreements, undertakings and other obligations of the Grantor are not intended to impose, and
FTLDOCS 5698053 7
10/3/II
OR 4726 PG 3140 16 E 7
shall not be construed as imposing, any personal or other liability upon Trustee and are solely
those of(and shall be performed by) the Trust; (ii) this Deed has been executed by Trustee as a
trustee for the Trust, pursuant to the authority conferred upon him by the agreements governing
the Trust and without imposing upon him any liability or obligations; and(iii)no party shall have
any claim,demand, action or cause of action whatsoever against Trustee (or against any assets or
properties other than those of the Trust) arising out of or relating to this Deed or the transaction
contemplated hereby and shall look solely to the Trust for matters involving same.
The provisions of this Exhibit "B" shall constitute a covenant running with the Lands and shall
be binding upon the successors and assigns of Grantee, and inure to the benefit of the Grantor
and its successors and assigns.
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FTLDOCS 5698053 7
1013/11
OR 4726 PG 3141 16 E 7
EXHIBIT"B-1"
LEGAL DESCRIPTION OF ORANGE TREE PUD
A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA,COUNTY OF COLLIER,LYING
IN SECTIONS 11, 12, 13, 14,22,23,24,25,26 AND 27,TOWNSHIP 48 SOUTH,RANGE 27 EAST,AND
BEING FURTHER DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 14,TOWNSHIP 48 SOUTH,RANGE 27
EAST;THENCE N.89°30'54"E.ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 14 FOR 50.00 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD(STATE
ROAD 846);THENCE N.00°25'16"W.ALONG SAID EASTERLY RIGHT-OF-WAY LINE FOR 269.21 FEET TO
THE SOUTHWEST CORNER OF GOLDEN GATE ESTATE UNIT 59,A SUBDIVISION RECORDED IN PLAT
BOOK 7 AT PAGE 61 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA AND TO THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;THENCE N.89°33'04"E.ALONG THE SOUTH LINE
OF SAID GOLDEN GATE ESTATES UNIT 59 FOR 5294.24 FEET;THENCE N.89°33'04"E.ALONG THE
SOUTH LINE OF SAID GOLDEN GATE ESTATES UNIT 59 AND GOLDEN GATE ESTATES UNIT 60,A
SUBDIVISION RECORDED IN PLAT BOOK 7 AT PAGE 62 OF SAID PUBLIC RECORDS FOR 5328.02 FEET
TO THE WEST LINE OF A 80 FOOT WIDE D 3 '. . RIGHT-OF-WAY;THENCE S.00°29'17"E.
ALONG THE WEST LINE OF SAID D' '•_ A ! :�_ ,R�i ,,t�• -WAY FOR 1364.99 FEET;THENCE
S.89°33'04"W.FOR 3729.37 FEET;TH' .�'1°29'17"E.FO'wq EET;THENCE S.00°29'17"E.FOR
50.00 FEET;THENCE N.89°35'32"E ' • •12.18 FEET;THENCE .11' • 8"E.FOR 50.00 FEET;THENCE
S.00°24'28"E.FOR 850.00 FEET;T'EN' - ' : 5"E.F• ' 55.00 • ET,THENCE S.50°28'31"E.FOR 630.00
FEET;THENCE S.31°29'32"E.FO' 29'.99 ` `• • °05'12"..F•' 686.83 FEET;THENCE
N.81 45 28 E.FOR 230.00 FEET. H�► � :''�•��� � T; + ENCE S.58 3132 E.FOR
1010.00 FEET;THENCE N.89°31'43" •R, ,1 1 :iii . •
.. f0. 9'1'"E.FOR 2762.49 FEET TO THE
NORTH RIGHT-OF-WAY LINE •F 't +•A :•� : • ■• 0 E VI 1 E);THENCE S.89°32'17"W.
ALONG SAID NORTH RIGHT-•' a'" •.. .-. r:4.; a EGINNING OF A
TANGENTIAL CURVE CONCA �STERLY HAVING A ' ∎ O10 FEET;THENCE NORTHERLY
133.90 FEET ALONG THE ARC • ', i CURVE TO THE ' '- 'H ar A CENTRAL ANGLE OF
153°26'18",BEING SUBTENDED : , • ORD THAT BEAR W.AT 97.33 FEET TO THE
EASTERLY RIGHT-OF-WAY LINE •`'4` •KALEE ROAD(S
46,
r•AD S-846-100 FEET WIDE)TO A
POINT OF REVERSE CURVATURE C•`-t" t A RADIUS OF 2914.93 FEET;THENCE
NORTHERLY ALONG SAID EASTERLY ' ":.:'IF- VQA 't 4 FEET ALONG THE ARC OF THE CURVE
TO THE LEFT THROUGH A CENTRAL ANGLE • • I ",BEING SUBTENDED BY A CHORD THAT
BEARS N.30°20'03"E.AT 3144.59 FEET;THENCE N.02°18'30"W.ALONG SAID EASTERLY RIGHT-OF-WAY
FOR 2561.80 FEET;THENCE N.01°17'15"E.ALONG SAID EASTERLY RIGHT-OF-WAY FOR 2895.93 FEET;
THENCE N.01°09'15"E.ALONG SAID EASTERLY RIGHT-OF-WAY FOR 2591.18 FEET;THENCE
N.00°25'16"W.ALONG SAID EASTERLY RIGHT-OF-WAY FOR 269.95 FEET TO THE POINT OF
BEGINNING.
CONTAINING 2235.875 ACRES,MORE OR LESS.
LESS PARCEL 1 -DESCRIBED IN OFFICIAL RECORD BOOK 4417,PAGE 2960:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 13,
TOWNSHIP 48 SOUTH,RANGE 27 EAST;THENCE S.89°35'32"W.ALONG THE SOUTH LINE OF SAID
FRACTION AND ALONG THE CENTERLINE OF OIL WELL ROAD FOR 1201.85 FEET;THENCE
N.00°29'17"W.FOR 50.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID OIL WELL ROAD AND
TO THE SOUTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 2981 AT
PAGE 2872,COLLIER COUNTY PUBLIC RECORDS;THENCE N.00°29'17"W.ALONG THE EAST LINE OF
SAID PARCEL FOR 2353.80 FEET TO THE NORTHEAST CORNER OF SAID PARCEL AND TO THE
SOUTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 4417 AT PAGE 2960,
SAID PUBLIC RECORDS AND TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE S.89°33'04"W.ALONG THE SOUTH LINE OF SAID PARCEL FOR 2482.41 FEET TO THE
SOUTHWEST CORNER OF SAID PARCEL;THENCE N.00°29'17"W.ALONG THE WEST LINE OF SAID
FTLDOCS 5698053 5
9'27111
16E 7
*** OR 4726 PG 3142 *** •
PARCEL FOR 1427.52 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND TO THE SOUTHERLY
LINE OF A 150.00 FOOT WIDE CANAL MAINTENANCE EASEMENT AS RECORDED IN OFFICIAL
RECORD BOOK 1322 AT PAGE 1903 OF SAID PUBLIC RECORDS;THENCE N.74°32'51"E.ALONG THE
NORTHERLY LINE OF SAID PARCEL AND THE SOUTHERLY LINE OF SAID CANAL MAINTENANCE
EASEMENT FOR 1515.81 FEET;THENCE N.89°33'04"E.ALONG THE NORTHERLY LINE OF SAID PARCEL
AND THE SOUTHERLY LINE OF SAID CANAL MAINTENANCE EASEMENT FOR 1018.02 FEET TO THE
NORTHEAST CORNER OF SAID PARCEL;THENCE S.00°29'17"E.ALONG THE EAST LINE OF SAID
PARCEL FOR 1819.99 FEET TO THE POINT OF BEGINNING.
CONTAINING 97.120 ACRES,MORE OR LESS.
AREA OF THE DESCRIBED PARCEL CONTAINS 2138.755 ACRES,MORE OR LESS.
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FTLDOCS 5698053 5
9/27/II