Parcel 30P and 31P
ORIGINAL DOCUl\1ENTS CHECKLIST & ROUTING SLIP
TO ACCO:MPANY ALL ORIGINAL DOCUl\1ENTS SENT TO
THE BOARD OF COUNTY COMlVIISSIONERS 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 #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exc tion of the Chairman's si ture, draw a line throu routin lines #1 throu #4. com lete the checklist. and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
1.
2.
3.
5. Sue Filson, Executive Manager
Board of County Commissioners
(The primary contact is the holder of the original document pending Bee 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 Sue Filson. need to contact staff for additiollllll or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
6. Minutes and Records
Clerk of Court's Office
774 -8fi~
loB
O~
Yes
(Initial)
NIA (Not
A licable)
PRIMARY CONTACT INFORMATION
Phone Number
~ (U.4 hh'n
beY'J3/ ~
&~t-. t:.In7
Agenda Item Number
/VIA
I: Formsl County Formsl Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
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 os sib I State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chainpan' s signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson 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 our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne's Office has reviewed the chan es, if a Iicable.
2.
3.
4.
5.
6.
MEMORANDUM
Date:
March 3 I, 2006
To:
Marlene McLaughlin, Property Acquisition Specialist
Real Estate Services
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Folio No. 59712001487 and 59712001380:
An Easement Agreement
Attached please find a copy of an Easement Agreement (Agenda Item #10B),
as referenced above and approved by the Board of County Commissioners on
Tuesday, September 13,2005.
The Minutes and Records Department has retained the original document for
the public record.
If you should have any questions, please call me at
732-2646 ext. 7240.
Thank you.
Attachment (1)
PROJECT: Collier Boulevard Water Main Project 70151/70152
PARCEL NO.: 30P & 31 P
FOLIO: 59712001487,59712001380
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this 2.0 day of MA-\LG-\ ,2006, by and between
RANDALL BENDERSON AND DAVID H. BALDAUF, as Trustees under a Trust
Agreement dated December 29, 1995, known as the Ronald Benderson 1995 Trust,
whose mailing address is 8441 Cooper Creek Boulevard, University Park, Florida
34201, and WR-I ASSOCIATES, LTD., a Florida limited partnership, whose mailing
address is 8441 Cooper Creek Boulevard, University Park, Florida 34201,("Owner"),
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,
(hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail
East, Naples, Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive Utility Easement for
the purpose of utility facilities, and access, to, over, under, upon and across the lands
described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached
hereto and made a part of this Agreement; and
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property;
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall convey the Property via a Utility Easement to Purchaser for the sum
of One Hundred Eighty One Thousand, Eight Hundred Sixty Eight and No/100
Dollars ($181,868.00) payable by County Warrant (said transaction hereinafter
referred to as the "Closing"). Said payment shall be full compensation for the
Property conveyed, including all landscaping, trees, shrubs, improvements, and
fixtures located thereon, and for any damages resulting to Owner's remaining
lands, and for all other damages in connection with conveyance of said Property
to Purchaser, including attorney's fees, expert witness fees and costs as provided
by Chapter 73, Florida Statutes.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments
which will remove, release or subordinate such encumbrances from the Property
upon their recording in the public records of Collier County, Florida. Owner shall
provide such instruments, properly executed, to Purchaser on or before the date
of Closing.
3. Closing shall occur within sixty (60) days from the date Purchaser executes this
Agreement; provided, however, that Purchaser shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, properly
executed, which either remove, release or subordinate any and all such liens,
encumbrances or qualifications affecting Purchaser's enjoyment of the Property.
At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall
THIS CONVEYANtt AetlmD I' THr This ~ has been ~uirea unaer
BOARD OF COUNTY COMMISSIONERS. threat Of cOndemnation and is exempt from
COlLIER COUNTY. FLORIDA. d<Yu~,uy5t?'llP t~x
PURSUANT TO AGENDA. .
EA-UE DATED: #//f~J3-(JIf!S ITEM NO. ICJB
Easement Agreement
Page 2
deliver the conveyance instruments to Purchaser in a form acceptable to
Purchaser.
4. Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
5. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws;
that no hazardous substances have been generated, stored, treated or transferred
on the Property except as specifically disclosed to Purchaser; that the Owner has
no knowledge of any spill or environmental law violation on any land contiguous to
or in the vicinity of the Property to be conveyed to Purchaser; that the Owner has
not received notice and otherwise has no knowledge of a) any spill on the
Property, b) any existing or threatened environmental lien against the Property or
c) any lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Property. This
provision shall survive Closing and is not deemed satisfied by conveyance of title.
6. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and shall reimburse the Purchaser with respect to, any and all
damages, claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of
court, in bankruptcy or administrative proceedings or on appeal), penalties or fines
incurred by or asserted against the Purchaser by reason or arising out of the
breach of Owner's representation under Section 5. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
7. The Purchaser shall pay for all costs of recording the conveyance instrument in
the Public Records of Collier County, Florida. All other costs associated with this
transaction including but not limited to transfer, documentary and intangible taxes,
and recording costs for any curative instruments shall be borne and paid by
Owner. Owner shall be responsible for paying any costs and/or fees associated
with securing and recording a Subordination, Consent & Joinder of Easement of
the mortgage(s) recorded against the land underlying the Property from the
mortgagee(s), including any apportionment of the compensation that may be
required by any mortgagee. The cost of a title commitment shall be paid by
Purchaser.
8. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
9. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
10. If the Owner holds the land underlying the Property in the form of a partnership,
limited partnership, corporation, trust or any form of representative capacity
whatsoever for others, Owner shall make a written public disclosure, according to
Chapter 286, Florida Statutes, under oath, of the name and address of every
person having a beneficial interest in the land underlying the Property before the
Property held in such capacity is conveyed to Purchaser, its successors and
assigns. (If the corporation is registered with the Federal Securities Exchange
Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock
EA-UE
Easement Agreement
Page 3
is for sale to the general public, it is hereby exempt from the provisions of Chapter
286, Florida Statutes.)
11 . This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this ao day of ---1'naYl:-lh , 2006.
Date Property acquisition approved by BCC: September 13, 2005
Resolution No.: 2005-321/CWS 2005-05
AS TO PURCHASER:
DATED: :3 - 2t:> -OIP
ATTEST:
DWIGHT E. BROCK, Clerk
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
~~
BY: ~
, hairman
6;.~~~
, .' . . . Deputy Clerk
., a.st u t;; tlit\: ~"'l1lU .
si~..t~ .~4"
AS TO OWNER:
DATED:
'2..0 , 'LOOfo
Witness (Signa ure)
Name: llU
(Print or Type)
~~k-
Witness (' re) ~
Name:-J< \tt\.'t)~ru"~ J - ~lJlol.
(Print or Ty) I
L:J 4~
DAVID H. BALDAUF, as Trustee
under a Trust Agreement dated December
29, 1995, known as the Ronald
Benderson 1995 Trust
(L~
WR-1 ASSOCIATES, LTD., a Florida limited
partnership
Name:
(Print or T )
~J1~
itnes (S atu~
Name: ~~~ ~1161t....
(Print or Ty e)
BY: BG THE VILLAGE, LLC, a Florida
limited liability company, its general partner
BY:~ ~~
(Signatu re)
Name: \
Title:
~oP:>
Agenda _9112>1 OS
Date ,?r ~I 't Ii1 <,..
Rec'd ~\f'"
~d as to {o~ nJ'Jll.l .ufflclene!
~ \Y ~t:IL~
A5s1stant County Attorney
EA-UE E 11en T. Chadwell
. EXHIBIT 1
Page -L-of
PROJECT
PARCEL
FOLIO
7015'"/ r-
70 , ~-~
3o,?
~- 9 7 / :( (X) 1 'I)? 7
SKETCH AND DESCRIPTION OF A
PERMANENT UTILITY EASEMENT (3D.P)
LYING IN MARKET CENTER SUBDIVISION, LOT 6
PLA T BOOK 41, PAGE 60; SECTION 3, TOWNSHIP 50 S, RANGE 26 E
COLLIER COUNTY, FLORIDA
NB9'43'J2.W
100.00'
N LINE SECTION .3 I
P,O.C.
NE CORNER
SECTION .3
~
. I".t-
o ;-
o.
.0
01V1
I(') 0
o
Vl
"
S R/W LINE
STATE ROAD 64 (DAVIS BOULEVARD)
----.-~~ CORNER --;7 \
GATOR GATE UNIT 2? _
PLA T BOOK 7, PAGE 54
PROPOSED PERMANENr ~
UlIUTY EASEMENr I......
~
.
, '<f
N >>t
O'
.0
o 10
o 0
OJ 0
Vl
N LINE
MARKET CENTER
589'43'32"( I
25.00' P.08.
NE CORNER
MARKET CENTER
DARREN TOWNSEND (FOR THE fiRM LB6n})
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA klCENSE NO. LS p476
THIS 'z,,?:!_ DAY OF ---.JJ.&.d.L.______. 2005.
Tl-fIS IS NOT A
COONER & ASSOCIATES, INC.
SURVEYING AND MAPPING
5670 ZIP DR/VE. FORT MYERS, FLORIDA .3.3912
PHONE: (2.39)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
---....--
CLIENT: GREELEY AND HANSfN, LLC DRAWN BY: DKT
PARCEL DESCRIPTION: DATE: 03/17/05
PERMANENT UTI!. TIY E,',SfMENT
lOT 6, MARKET CENTfR;' SEC. }'-50-26
FOLIO NO.:
59712001487
LOT 6
S LINE LOT 6
TRACT R-I
--~~-----
~
co
,.-j
10
11
I(')
o
ol
N
11
r-' ~
.
~ ~ I(')
'0 0 Ol
10 10 0:
0 0
0 0 u
z Vl
w
z
:J
/~
........
IX
:t
m:
C.R.-COUNTY ROAD
f.P.&L.-fLORIDA POWER & LIGHT CO.
R/W - RIGHT-Of-WAY
O.R. - OfFICIAL RECORDS BOOK/PAGE
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
NO.-NUMBER
DA-DELTA
R-RADIUS
L-LENGTH
C8-CHORD BEARING
C-CHORD DISTANCE
NOT VALID Yv1THOUT
DESCRIPTION ON SHEET 2 Of 2
~ DA=BB'2.3'43"
R-25.00'
L-38.57'
C8=S45'02'35"W
C"'34.B6'
tI..QJE;
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULA TED ARE BASED ON A FIELD SURVEY OF
THE NORTH LINE OF SECTION 2 AND THE WEST
R/W LINE OF C.R. 951. BASIS OF BEARING:
5T A IT PLANE COORDINATE SYSTEM. fLA. EAST
ZONE, '6.3/'90.
SURVEY
CHECKED BY:
SCALE; 1"-40'
JNW
REV: 4-27-05
PROJECT No: 0.30705W.A
DWG NO:030705WA-ESM
SHEET: 1 OF 2
EXHIAIT A
Page Z of-r
PROJECT
PARCEL
FOLIO
7()/~1 1'-
7 () I s: :J..
3o.?
~ 9 7 I ;J. 00 I II ~ 7
SKETCH AND DESCRIPTION OF A
PERMANENT UTILITY EASEMENT (30.P)
LYING IN MARf<ET CEN TER SUBDIVISION, LOT 5
PLA T 8001< 41, PAGE 50; SECTION J, TOWNSHIP SO S, RANGE 26 E
COLLIER COUt~ TY, FLORIDA
QESilllEJl.Qt:J or A rEnMANENT UTILITY EASEME~H LYING I~J LOT G, ~lM~KEr CENTER SUBDIVlSION AS
RECORDED IN PLAT BOOK 41, PAGE 60; SECTION J. TOWl/SIIIP SO SOUlI!, f~ANGE 26 EAST, COLLIER
COUNTY, FLORIDA:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION; THENCE RUt-.l NS9'4,3'J2"W, A DISTANCE OF
100.00 FEET ALONG TilE NORTlt LINE or SAID SECTION; TIIENCE SOO'SO'44"W. A DISTANCE OF 5000 FEET
TO ltfE INTERSECTION or THE SOUTII RIGIIT or-WAY LINE OF STATE f?OAD 84 (DAVIS BOULEVARD) AND
THE WESTERLY niGHT-OF-WAY LINE or COUNTY ROAD 951; THENCE RU~J SOO'50'44"W, A DISTANCE OF
900.02 FEET ALONG SAID WESTERLY LINE TO THE NORTIIEAST CORNER OF SAID SUBDIVlSION AND THE POINT
OF BEGINNING; THENCE CONTINUING ALO~IG SAID WLSTEnL Y LINE At-.lD TilE EAST LINE OF SAID SUBDIVISION
SOO'50'",,"W, A DISTANCE or J2905 FEEf TO THE CUfNED SOUTII lI~iE or SAID LOT 6 AND TIlE BEGINNING
or ^ CURVE CONCAVE NORTHWESTERLY IIAVING ^ DELTA M1GLE OF 88'2J'0". A RADIUS OF 25.00 FEET. A
CHORD BEARING or S-IS'02'J5"W AND A CIIORD DISTANCE or J486 rEE T; TlIENCE ALONG HIE ARC or
SAID CURVE TO THE RIGHT AND SAID SOUTH L1t'iE A DISTANCE or .)857 FEET; TIIENCE CONTINUING ALONG
SAID SOUTH LINE S89'14'27"W A DISTANCE OF 070 rEET; DiENe[ RUN NOO'50'44HE. A DISTANCE OF
353.82 rEET TO SAID NonTII LINE; TIIHKE fWN 589'43'32"[ ALONG SAID NORTH LINE A DISTANCE OF
25.00 FEET TO SAID WLS TERL Y RIGII T - OF - WA Y LItlE AND THE fJOIN T OF GECltmINC.
CONTAINING 8,715 SQUARE rEET OR 0.20 ACf\ES. MORE OR LESS
, /"
~~\~~~'f IWl6~10~T SI<ETCII & SIGNA TUnE THIS IS NOT A SURVEY
COONER & ASSOCIA TES, INC.
SURVE'r1NG AND MAPPING
5670 ZIP DRIVE, FORT MYERS, FLORIDA 33912
PHONE: (2..19)277-0722 r AX: (2..19)277-7179 EM AIL: SURVEYlNGOCOONER.COM
CLIENT: GREELEY AND IIANSEN, LLC DRAV'IN BY: OKT CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DA TE: 03/17/05 SCALE: N/A REV; 4-27-05
PERMANENT UTI!. TlY EASEMENT
LOT 6, MARKET CENTER; SEC. 3-50-26 PROJECT No: 030705W.A DWG NO:OJ0705WA-ESM SHEET: 2 Of 2
EXHlerr A ~
pege+of~
761 r;-I T-
PROJECT 7olS-:t.
PARCEL 3/,P
F 0 L I 0 ~- q "7 / ;J, DC> / ~ '? 0
SKETCH AND DESCRIPTION OF A
PERMANENT UTILITY EASEMENT (St.P)
L'r1NG IN MARKET CENTER SUBDIVISION, LOT 5
PLA T BOOK 41, PAGE 60; SECTlON 3, TOWNSHIP 50 S. RANGE 26 E
COLLIER COUNTY, FLORIDA
N UNE SECTlON 3
r-- N89'4J'32"W 100.00'
S R/W UNE
STATE ROAD 84 (DAV1S BOULEVA~9L___:""j'
NE CORNER ~ \
GATOR GATE UNIT 2) ~
PLAT BOOK 7, PAGE 54 8
0'>
3:
ol~
0-
c:il~
l/1'
o
o
U1
P.O.C.
NE CORNER
SECnm-1 3
NE CORNER ~~-
MARKET CENTER
DA.. 90'00'00'
R-25.00'
L-39.27'
CB-SH1l9'16"E
C=35.36'
3:
.
:}
o
'0 V1
o
[)
U1
TRACT R-I
N UNE LOT 5 \
y
('oj
r-..-
N
/ P.OB.
NE CORNER
'0 lOT 5
n
(])
FOLIO NO.:
59712001380
N04'46'H"E
~
S UNE LOT 5
SOn6'H"W
/15.73'
tiEl: :
C.R.-COUNTY ROAD
F.P.&:L-FLORIDA PO'NER &: UGHT CO.
R/W - RIGIlT-Of-WAY
O.R. - OFflCIAL RECORDS BOOK/PAGE
P.O.S.-POINT OF BEGINNING
P.O.C.-POINT Of COMMENCEMENT
NO.-NUMBER
DA-DELTA
R-RADIUS
L-LENGTH
CB-CHORD BEARING
C-CHORD DISTANCE
LOT 5
l.J
;
o
l/1
b
o
z
3:
.
'I
~
'0
V1
o
o
U1
25.11'
S89'20' 28" W
If)
Q)
NOT VAUD WITHOUT
DESCRIPT10N ON SHEET 2 OF 2
"",
ci
U
" ~
::J
3:
'---
n::
3:
tillJL
TIlE PARCEL BEARING, DISTANCES, AND AREAS
. CALCULATED ARE BASED ON A FlELD SURVEY Of
TIlE NORnJ UNE OF SECTlON 2 AND TIlE WEST
R/W LJNE OF C.R. 951. BASIS OF BEARING:
STA TE PLANE COORDINATE SYSTEM, FLA. EAST
ZONE, '83;90.
TRACT "F"
--~~~_/
----~---------------
re:..
DARREN TOWNSEND (FOR TIlE FlRM LB6 77 3)
PP.OFESSIONAL SUHVEYOR AND MAPPER
FlORIi/~ j-ICENSE tW. LS ,f}476
THIS ilJ_ DAY Of ___t:1JKC H
. 2005.
mls IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCJA TES, INC.
SURVEYlNG AND MAPPING
3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 F";\X: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, UC DRAWN BY; DKT CHECKED BY: JNW
PARCEL DESCRIPTION: DATE: OJ/17/05 SCALE: ,."".40'
PERMANENT UTlL TIY EASEMENT
LOT 5, MARKET CENTER; SEC. 3-50-26
REV:
P WJECT No: 030705W.A
DWG NO:OJ0705WA-ESI.l
SHEET: 1 OF 2
EXHIRIT A
page "4 of~-
PfWJECT
PARCEL
FOLIO
7015""/..;-
70 I ~ :.z
3/, ?
~97/;J.,OOI3f?D
SKETCH AND DESCRIPTION OF A
PERMANENT UTILITY EASEMENT (3t.P)
L YlNG IN MARKET CENTER SUBDIVISION, LOT 5
PLA T BOOK 41, PAGE 60; SECTlON 3, TOWNSHIP 50 S, RANGE 26 E
COLLIER COUNTY, FLORIDA
DESCRIPTlON OF A PERMANENT UTlUTY EASEMEN T L WIG IN LOT 5, MARKET CENTER SUBDIVISION AS RECORDED
IN PLAT BOOK 41, PAGE 60; SECTlON .3, TOWNSHIP SO soum, RAt~GE 25 EAST, COLUER COUNTY, FLORIDA: ,
COMMENCE AT TI-IE NORnJEAST CORNER OF SAID SECTlON; llIENCE RUN N89'4.3'32"W, A DISTANCE OF 100.00
rEET ALONG llIE NORlH UNE OF SAID SECTlON; mD~CE SOO'SO'H"W, A DISTANCE OF 50.00 FEET TO mE
INTERSECTlON OF TlfE SOUTH RIGHT-OF-WAY UNE OF STATE ROAD 84 (DAVlS BOULEVARD) AND mE V1ESTERLY
RIGHT-Of-WAY UNE OF eOUNTY ROAD 951; mnlCE RUN SOO'50'H"W, A DISTANCE OF 900.02 FEET ALONG
SAID V1ESTERL Y UNE TO THE NORTHEAST CORNER OF SAID SUBDIVlSION; llIENCE CONTlNUING ALONG SAID,
V1ESTERL Y UNE AND TIlE EAST UNE OF SAID SUBDIVlSION 500'50' H"W, A DISTANCE OF 451.10 FEET TO THE ,
NORTIl UNE OF SAID LOT 5 AND llIE POIN T OF IJEGIWlING; llIENCE CONllNUING ALONG SAID V1ESTERL Y UNE
AND TIlE EAST UNE OF SAID SUBDIVlSION FOR THE FOLLO'MNG TWO (2) CAUS: 1) SOO'50'H"W, A DISTANCE OF
193.10 FEET; 2) S04'46'H"W, A DISTAllCE or lS.7J FEET TO THE soum UNE OF SAID LOT 5; THENCE RUN
S89'20'28"W, A DISTANeE OF 25.11 FEET ALONG SAJD soum UI~E; TI-iENCE RUN N04'46'H"E, A DISTANCE OF
17.25 FEET; TIlENCE RUN NOO'50'H"E, A DISTANCE Of 217.24 FEET TO THE CUR\lED NORTH UNE OF SAID LOT
5 AND THE BEGINNING OF A CUR\IE CONCA\IE SOUTlIWESTERL Y HAVING A DELTA ANGLE OF 90'00'00", A RADIUS
OF 25.00 FEET, A CHORD BEARING OF S44'09'16"E AND A CHORD DISTANCE OF 35.36 FEET; THENCE ALONG
THE ARC OF SAID CUR\IE TO THE RIGHT AND SAID NORm Ut~E A DISTANCE OF 39.27 FEET TO SAID WESTERLY
RIGHT-OF-WAY UNE AND THE POINT OF BEGINNING.
CONTAINING 5,719 SQUARE FEET OR 0.13 ACRES, MORE OR LESS.
;:
.
NOT VAUD WlTIiOUT SKETCH & SIGNATURE
ON SHEET 1 OF 2
THIS IS NOT A SURVEY,
JEFFREY C. COONER AND ASSOCIA TES, INC.
SURVEYING AND MAPPING
3900 COLONIAL 8L YD., SUITE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EM AIL: SURVE'r1NGOCOONERCOM
CUENT: GREELEY AND HANSEN, LLC DRAWN 8Y; DKT CHECKED BY: J.N.W.
PARCEL DESCRIPTION: OA TE: 03/17/05 SCALE: N/A
PERMANENT UTIL TlY EASEMENT
LOT 5, MARKET CENTER; SEC. 3-50-26 PROJECT No: 030705W.A
DWG NO:OJ0705WA-ESM
REV:
SHEET: 2 OF 2
Retn:
RBAL BSTATB SERVICES
BXT 8922/KCLAUGHLIN
IN'rBR OFFICI
3815625 OR: 4013 PG: 0123 Dcnl
RBCORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL
04/06/2006 at 03:46PK DWIGHT B. BROCK, CLBRK COPIBS
52.50
6.00
'-.9
,,~
\"U
j
PROJECT: CR-951 Water Transmission Main Project 70151/70152
PARCEL: 30P, 31 P
FOLIO: 59712001487, 59712001380
UTILITY EASEMENT
THIS EASEMENT, made and entered into this,.;)o day of fYl1~ ,
2006, by RANDALL BENDERSON AND DAVID H. BALDAUF, as Trustees under a
Trust Agreement dated December 29, 1995, known as the Ronald Benderson 1995
Trust, whose mailing address is 8441 Cooper Creek Boulevard, University Park, Florida
34201, and WR-I ASSOCIATES, LTD., a Florida limited partnership, whose mailing
address is 8441 Cooper Creek Boulevard, University Park, Florida 34201, (collectively
"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, whose mailing address is
3301 East Tamiami Trail, Naples, Florida 34112, ("Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, legal representatives, successors or
assigns. )
WIT N E SSE T H:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee a
perpetual, non-exclusive easement for utility and access purposes, on the following
described lands located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land, excavate, and place or remove materials, including, but not
limited to, water lines and pipes and other equipment or improvements appurtenant
thereto or thereunder for the purpose of constructing, operating, and maintaining utility
facilities thereon. The easement granted herein shall constitute easements running
with the land and shall burden the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
This Pfoperw has been ~uired under
threat of condemnation and is exempt from
documentary stamp tax.
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY FLORIDA
PURSUANT TO THE p~
OF RESOLUTION NO. ;;J./ "Cll.6/~~
IT.!'t1 tO~ 1- 13 .OS"
1
Name: \ llu.
(Print or Type)
~~ 4--Z L
Witness (8ig we) 1
Name:~,^",,-~'\. 1 14J.J(or"
~I
STATE OF FLO'K..ldA
COUNTY OF MAJAn~
~ ~)tJ-Vl
DAVID H. BALDAUF, as Trustee
under a Trust Agreement dated a...2>
December 29, 1995, known as the
Ronald Benderson 1995 Trust
OR: 4013 PG: 0124
The foregoing Utility Easement was acknowledged before me this 20 day of
m~, 2006 by David H. Baldauf, as Trustee under a Trust Agreement
dated December 29, 1995, known as the Ronald Benderson 1995 Trust, who is
personally known to me or who has produced as identification.
(affix notarial seal)
STATE OF fi.()~dA
COUNTY OF fOA...JATt(:
(Print Name of Notary P lie)
NOTARY PUBLIC l>'-"I\. AliciaH.Gayton
Serial/Commission #:(if any) l:l ; My Commission 00198658
My Commission Expires: Or,," E>eptresMarch31 2007
WR-l ASSOCIATES, LTD., a Florida limited
partnership
BY: BG THE VILLAGE, LLC, a Florida
limited liability company, its general partner
BY: l~>>~
(Signature)
Name: -:VA.Jld t4. \6f\Ld~~
(Print)
Title: mAN~~
(l~
The foregoing Utility Easement was aCkn}~edged before me this 2..0 day of
m~ ,2006 by DAJ\d '6AldAJ (Name), mAN~~J (Title)
on behalf of BG The Village, LLC, a Florida limited liability company, general partner
of WR-l Associates, Ltd., a Florida limited partnership, who is personally known to me
or who has produced as ide ti~!yati~
(affix notarial seal)
Ap:t:' tObi';J i~I"C'
7 Aisistant County Attorney
Ellen T~ ChadMell
198658
2007
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
2
OR: 4013 PG: 0125
.. EXHIBIT
PAGE .J_OF 4-
PROJECT
PARCEL
FOLIO
7015'1 t-
70 I S-~
3o,?
~- 9 7 1:( Cv / S" <? 7
SKETCH AND DESCRIPTION OF A
PERMANENT UTILITY EASEMENT (SO.P)
LYING IN MARKET CENTER SUBDIVISION, LOT 6
PLA T BOOK 41, PAGE 60; SECTION 3, TOWNSHIP 50 S, RANGE 26 E
COLLIER COUN TY, FLORIDA
5 TATE
N LINE SECTION J I
~
. /'''''
o -t
~o
~I~
S R/W LINE ~.
ROAD 54 (DAVIS BOULEVARD) r'
---_._.._----~---~
NE CORNER ~ \
GATOR GATE UNIT 2 /
PLA T BOOK 7, PAGE 54
N89'iJ'J2"W
100.00'
P.O.C.
NE CORNER
SECTION 3
/,
PROPOSED PERMAN[NI ~
1I11l.11YEASEMENf I"..
~
.
N :r
O'
.0
o Vl
o 0
C7l 0
(/)
.,
N LINE
MARKET CENTER
S89'43'J2"E I
25.00' P.OB.
NE CORNER
MARI<ET CENTER
FOLIO NO,:
59712001487
N If)
IX) 0
"'l C7l
If) N
"'l n
..
LOT 6
1<.J
.
..,.
.-t
o
Yl
o
o
z
:l:
.
1
o
\"J
D
o
(/)
If)
0,
lSO:
C.R.-COUNTY ROAD
F.P.&:L.-fLORIDA POWER & LIGHT CO.
R/W - RIGIIT-Of-WAY
O.R. - OffiCIAL RECORDS BOOK/PAGE
P.O.B.-POINT OF BEGINNING
P.OC.-POINT OF COMMENCEMENT
NO.-NUMBER
OA-DELTA
R-RADIUS
l-LENGTll
CB-CHORD BEARING
C-CHORD DISTANCE
TRACT R-I
S89'14'27"W
0.70'
0:
U
W
:z
::::i
S LINE LOT 6
/~
/' ~
"
~
7-~~~_____
'\
J
"(> DA=BB'2J'4J"
R"'25.QO'
L"'38,57'
CB"SiS'02'J5"W
C"'J4.86'
NOT VALlD WITHOUT
DESCRIPTION ON SHEET 2 Of 2
DARREN TOWNSEND (fOR TIlE fIRM LB6 77 J)
PROFESSIONAL SURVEYOR ANO MAPPER
FLORIDA 1:ICENSE NO. LS p476
nilS ""(7:_ DAY OF ----d&..J.L______. 2005.
tlQJL
THE PARCEL BEARING, DISTANCES. AND AREAS
CALCULA TED ARE BASED ON A FIELD SURVEY OF
THE NORTl-l LINE OF SECTION 2 AND THE WEST
R/W LINE Of C.R. 951. BASIS OF BEARING;
ST A TE PLANE COORD/NA TE SYSTEM. FLA. EAST
ZONE, '83/'90.
SURVEY
JNW
PROJECT No: OJ0705W.A
DWG No:o.Jo705wA-EsM
REV; 1-27-05 "
SHEET; I OF 2
EXHIBIT
PAGE
OR: 4013 PG: 0126
, ..
~
PROJECT
PARCEL
FOLIO
701'1 r-
7c?1 ~::1. ,_
3D,?
~ 9 7 I ;:l DO ILl??
..
SKETCH AND DESCRIPTION OF A
PERMANENT UTILITY EASEMENT (3D.F)
L YJNG IN MARKET CENTER SUBDIVISION. LOT 6
PLA T BOOK 41, PAGE 60; SECTION J, TOWNSHIP 50 S. RANGE 26 E
COLLIER COUNTY, FLORIDA
QESCRIPTlOt'j OF A PERMANENT UTILI TY EASEMENT LYING IN LOT 6, MARKET CENTER SUBDIVISION AS
RECORDED IN PLAT BOOK 41, PAGE 60; SECllON 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION; THENCE RUN N89'4J'J2"W, A DISTANCE OF
100.00 FEET ALONG mE NORTII LINE OF SAID SECTION; THENCE SOO'50'H"W, A DISTANCE OF 50.00 FEET
TO THE INTERSECTION OF THE SOUTH RIGHT -'or -WAY LINE OF STATE ROAD 84 (DAVIS. BOULEVARD) AND
THE 'rVESTERLY RIGHT-OF-WAY LINE Of COUNTY ROAD 951; T1iENCE RUN SOO'50'H"W,.A DISTANCE OF ./
900.02 FEET ALONG SAID WESTERLY LINE TO TilE NORTHEAST CORNER or SAID SUBDIVISION AND THE POI"fT,
OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE AND TltE EAST LINE OF SAID SUBDIVISION
SOO'50'44"W, A DISTANCE Of 329.05 fEET TO TIlE CURVED SOUTH. LINE Of SAID LOT 6 AND THE BEGINNING
OF A CURVE CONCAVE NORTIlWESTERL Y /lAVING A DELTA ANGLE OF 88'23'43", A RADIUS OF 25.00 FEET, A
CHORD BEARING or 545'02'J5"W AND A CHORD DISTANCE or 34.86 FEET; THENCE ALONG THE ARC OF
SAID CURVE TO THE RIGHT AND SAID SOUTII LINE A DISTANCE or 38.57 FEET: THENCE CONTINUING ALONG
SAID SOUTH LINE SB9'14'27"W A DISTANCE or 0.70 fEET; THENCE RUN 1'100'50' H "E, A DISTANCE OF
353,82 fEET TO SAID NORTH LINE: TIlENCE RUN S69'43'32"E ALONG SAID NORTIl LINE A DISTANCE OF
25.00 FEET TO SAID 'rVESTERLY RIGIIT-Of-WAY LINE AND TltE POINT OF BEGINNING,
CON T A/NING 8,715 SQUARE fEET OR 0 20 ACRE 5, MORE OR LESS.
"
. ,/
..
NOT VALID WITHOUT SI<ETCIl & SIGNATURE
ON SHEET 1 or 2
THIS 'S NOT A
COONER & ASSOCIA TES, INC.
SURVEYING AND MAPPING
5570 ZIP DRIVE, FORT MYERS, FLORIDA .33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER,cmA
CLIENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DA TE: 03/17/05 SCALE: NI A
PERMANENT UTll.TIr EASEMENT
LOT 6, MARKET CENTER; SEC. ')-50-26
SURVEY
PROJECT No: DJ0705W.A
DWG NO:OJ0705WA-ESM
REV: ~-27-05
SHEET: 2 Of 2
~
~
" EXHIBIT
PAGE
OR: 4013 PG: 0127
7(11)"1 T-
PROJECT 7 Ol):l.. .
PARCEL 31.p
F 0 L I 0 _ -!:" q 7 I ~ (;)1> I 5' .f?' 0
..
"
SKETCH AND DESCRIPTION OF A
PERMANENT UTILITY EASEMENT (St.P)
L'r1NG IN MARKET CENTER SUBDIVISION, LOT 5
PLA T BOOK 41, PAGE 60; SECTION 3, TOWNSHIP 50 S. RANGE 26 E
COLLIER COUNTY. FLORIDA
N UNE SECTION 3
I N89'43'32-W 100,00'
3:
bl~
0-
.0
~I~
Ul
P,O,C.
NE CORNER
SECTION 3
, ~
NE CORNER
MARKET CENTER
.I
P.O.B.
t' NE CORNER
bLOT 5
TRACT R-l
N UNE LOT 5
OA...90'OO'OO.
R"25.00'
L"'39.27'
CS"'SHU9'16-E
C...35,36'
~
"l
r-:
N
~
ri
OJ
.-
FOLIO NO,:
59712001380
NO{'48'<<-E
17,25'
w 3:
.
+ .
b :r
Y1 b
8 Y1
0
:z 0
Ul
! \ SO.{'.45'<<-W
15.73'
tiEl: ;
C.R,-COUNTY ROAD
F.P,&L-FLORIDA POWER & UGHT CO,
R/W - RIGHT-Of-WAY
O.R. - OFflC1AL RECORDS BOOK/PAGE
P,O.B,-POINT OF BEGINNING
P.O.C,-P01NT OF COMMENCEMENT
NO,-NUMBER
DA-DELTA
R-RADIUS
L-LENGTH
CB-CHORD BEARING
C-CHORO 0lS1 ANCE
LOT 5
S UNE LOT 5
25,11'
SB9'20'2B-W
iO
Ol
NOT VAUD \'t1TI-lOUT
DESCRIPTION ON SHEET 2 OF 2
TRACT NF-
~
~~
::J
3:
""-
a::
3:
Will;
ntE PARCEL BEARING, DISTANCES, AND AREAS
. CALCULATED ARE BASED ON A FlELD SURVEY OF
TI-lE NORTI-l UNE OF SECTION 2 AND mE WEST
R/W UNE Of C.R. 951. BASIS OF BEARING:
s'r ATE PLANE COORDINATE SYSTEM, FLA, EAST
ZONE, '83/,90,
.. --~. ---? /
'i" / 2C:::
----~---------------
DARREN TOWNSEND (FOf< 1l-IE FlRM L86nJ)
PROFESSIONAL SURVEYOR AND MAPPER
FLORliI~ j1CENSE tla. LS ,f},4-76
THIS LlJ_ DAY OF --l2..J.lU t-J
, 2005.
THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCJA TES, . INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNG<UCOONERCOM
CUENT: GREELEY AND HANSEN, lie DRAWN BY: DKT CHECKED BY; JNW
~~RM~E~E~f~~~~l~~EMENT DATE: 03/17/05 SCALE: 1".....0.
LOT 6. MARKET CEN1ER: SEC. J-50-26 PROJECT Np: 030705W,A DWG NO:OJ0705WA-ESM SHEET: 1 OF 2
REV:
,'. I
:': I
EXHIBIT. -
PAGE '~ ... OF 4
***OR: 4013.PG: 0128 **t
PROJECT.
PARCEL
FOLIO
7CU~/,.L
70 I () ~
3/, ?
-S97/ ';1,00/3 f?o
SKETCH. AND DESCRIPTION OF A
PERMANENT UTILITY EASEMENT (St.P)
L YlNG IN MARKET CENTER SUBDIVISION, LOT 5
PLA T BOOK 41, PAGE 60; SECTION 3, TOWNSHIP 50 S, RANGE 26 E
COLLIER COUNTY, FLORIDA
'./
~
DESCRIPTION OF A PERMANENT UTIUTY EASEMENT LYlHG IN LOT 5, MARKET CENTER SUBDIVISION AS RECORDED
IN PLAT BOOK .oil, PAGE 60; SECTION .1, TOWNSHIP 50 SOUDI, RAt~GE 26 EAST, COLUER COUNTY, FLORIDA:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION; TIfENCE RUN N89'4.1'.12"W, A DISTANCE OF 100,00
FEET ALONG THE NORTH UNE OF SAID SECllON; TIfENCE SOO'50' 44 .W, A DISTANCE OF 50,00 FEET TO THE
INTERSECTION OF TI{E SOUTll RIGIlT-OF-WAY:. qNE OF STATE ROAD 8i (DAVIS BOULEVARD) AND THE WESTERLY
RIGHT-OF-WAY UNE OF COUNTY ROAD 951; ll/ENCE RUN SOO'50'44.W, A DISTANCE Of 900,02 FEET ALONG
SAID WESTERLY UNE TO THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE CONTINUING ALONG SAI[).. ,
WESTERLY UNE AND TIiE EAST UNE OF SAID SUBDIVISION SOO'50'H"W, A DISTANCE OF 451.IH:FEET TO TIlE ,
NORTIi UNE OF SAID LOT 5 AND THE POINT OF OEGINNING; TIlENCE CONTINUING ALONG SAID WESTERLY UNE
AND THE EAST UNE OF SAID SUBDIVISION FOR THE FOLlO'MNG TWO (2) CAllS: I) SOO'50' H .W, A DISTANCE OF
193.10 FEET: 2) S04'46'H"W, A DISTANCE OF 15.73 FEET TO TIiE SOUll/ UNE OF SAID LOT 5: TIiENCE RUN
S89'20'28"W, A DISTANCE OF 25,11 FEET ALONG SAID SOUnl UNE; nlENCE RUN N04'46'H.E, A DISTANCE OF
17,25 FEET; THENCE RUN NOO'50''''''.E, A DISTANCE OF 217.24 FEET TO TIlE CURVED NORTH UNE OF SAID LOT
5 AND THE BEGINNING OF A CURVE CONCAVE SOUTII'HESTERL Y HAVING A DELTA ANGLE OF 90'00'00., A RADIUS
OF 25,00 FEET, A CHORD BEARING OF SH'09'16.E AND A CHORD DISTANCE OF 35.36 FEET; THENCE ALONG
THE ARc OF SAID CURVE TO THE RIGIIT AND SAID NORnl UNE A DISTANCE OF 39,27 FEET TO SAID WESTERLY
RIGHT-Of-WAY UNE AND THE POINT OF BEGINNING.
CONTAINING 5,71 9 SQUARE FEET OR 0,13 ACRES, MORE OR LESS.
..
,.
, ,
"-/
..
.
NOT VAUD W1TIlOUT SKETCH & SIGNATURE
6N SHEET 1 OF 2
..
THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCfA TES, INC.
SURVEYING AND MAPPING
.3900 COLONIAL BLVD" SUITE 4, fORT MYERS, flORIDA .3.3912
PHONE: (2.39)277-0722 FAX: (2.39)277-7179 EMAIl:: SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, LLc DRAWN BY: DKT CHECKEoQ BY: J.N,W,
PARCEL DESCRIPTION: DA IT: OJ/17/05 SCALE: N/A
PERMANENT UTIL TIY EASEMENT
LOT 5, MARKET CENTER; SEC. 3-50-26
PROJECT No: 030705W,A
REV:
DWG NO:OJ0705WA-ESM
SHEET: 2 OF 2
l'
.