Parcel 29P
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY CO:MMISSIONERS 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, andlor information needed. If the document is already complete with the
exce tion of the Chairman's si ature, draw a line throu routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5).
Initials Date
2.
3.
4.
Sue Filson, Executive Manager
Board of County Commissioners
(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 Sue Filson, 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
Contact
Agenda Date Item was
A roved by the BCC
Type of Document
Attached
6. Minutes and Records
Clerk of Court's Office
774-&c!d-d-.
I~B
(1)~
Yes
(Initial)
N/A (Not
A licable)
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
Number of Original
Documents Attached
~
,vM
I: Fonns/ County Fonns/ Bec Formsl Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ 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
contraca, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl 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 BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCe 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 licable.
2.
3.
4.
5.
6.
MEMORANDUM
Date:
March 31, 2006
To:
Marlene McLaughlin, Property Acquisition Specialist
Real Estate Services
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Folio No. 34690080008:
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.: 29P
FOLIO: 34690080008
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter re~ to as the "Agreement") is made
and entered into on this ~ day of Irb , 2006, by and between
VICTORIA ESTATES, LTD., a Florida limited partnership; WALDEN AVENUE-BLEND-
ALL HOTEL DEVELOPMENT, INC., a New York corporation; DICK ROAD-BLEND-
ALL HOTEL DEVELOPMENT, INC., a New York corporation; RANGER-1, L.L.C., a
Florida limited liability company; RB-3 ASSOCIATES, a New York general partnership;
RANDALL BENDERSON, RONALD BENDERSON AND DAVID H. BALDAUF AS
TRUSTEES UNDER A TRUST AGREEMENT DATED OCTOBER 14,1985, KNOWN
AS THE BENDERSON 85-1 TRUST; BUFFALO-GREENBRIAR ASSOCIATES, LLC, a
New York limited liability company; RONALD BENDERSON AND DAVID H. BALDAUF
AS TRUSTEES UNDER A TRUST AGREEMENT DATED SEPTEMBER 22, 1993,
KNOWN AS THE RANDALL BENDERSON 1993-1 TRUST; RANDALL BENDERSON
AND DAVID H. BALDAUF, AS TRUSTEES UNDER A TRUST AGREEMENT DATED
DECEMBER 29, 1995, KNOWN AS THE RONALD BENDERSON 1995 TRUST; and
WR-1 ASSOCIATES, LTD., a Florida limited partnership (hereinafter collectively
referred to as "Owner"), whose mailing address is 8441 Cooper Creek Boulevard,
University Park, Florida 34201, 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 and Sixty Four Thousand Eight Hundred Seventy One and
No/100 Dollars ($164,871.00) 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
EA-UE
nus CONYEVANCE ACCEPTED IV THE
BOARD Of COUNTY COMMJSSIC*lIS.
COlLIER CCUITY. FLORIDA.
PURSUANT TO AQlteA.
DATED: elf-la-OS' ITtM NO. {O&
This P.f'OPerJy has been ~uired under
threat Of cOndimnation and is exempt from
documentary stamp tax.
Easement Agreement
Page 2
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
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.
EA-UE
Easement Agreement
Page 3
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
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 :a, day of ~n:::h , 2006.
Date Property acquisition approved by BCC: September 13, 2005
Resolution No.: 2005-321/CWS 2005-05
AS TO PURCHASER:
DATED: 3"'20-o~
ATTEST:
DWIGHT E. BROCK, Clerk
~~~~wJ-\'c
'.. . Deputy Clerk
Atust ~I to O'.t..... .
s 10naturf Oft 1 .
AS TO OWNER:
DATED: 'fY\A,'1CH :J.D. '2m'P
EA-UE
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BOOV' OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OFJHE COLLIER
COUNTY WATER-SEWER DISTRICT
BY:
~>:~-
, Chairman
VICTORIA ESTATES, LTD., a Florida
limited partnership
e-'8
By: Benderson-Victoria, L.C.,
a Florida limited liability company,
its general partner
BY:----b~ Jt U~
(Signature)
Name: -OO\ll\).t4 ~l~
(Print)
Title: mAW ~ Item # 106
Agenda
Date
Easement Agreement
Witness (Signature)
Name: ALluC-1- ~ b
(Print or Type)
Witness (Signatu )
Name:~y['<<"
(Print or Type~
Witness (Signatu . \
Name: u -ft..,; N
(Print or Type
W~SS~ig~turJ= 1Y:-
Name: .k"~'otrt\\ t J~JOIL..
(Print or Typf:l) .
EA-UE
Page 4
WALDEN AVENUE-BLEND-ALL HOTEL
DEVELOPMENT, INC., a New York
~~~ M.~
Name:(r~~~\~~i~e;~~~
(Print)
DICK ROAD-BLEND-ALL HOTEL
DEVE OPMENT, INC., a New York
corpo tion.
By:
(1?18oio8fltl\/ice President)
Name: ~-..1\.d +\ . ?1~L0~
(Print)
~~
RANGER-1, L.L.C., a Florida
limited liability company
By: WR-1 Associates, Ltd., a Florida
limited liability partnership, its manager
By: BG The Village, LLC, a Florida
limited liability company, its general
partner
By: ~ ~ hJ-U\
(Signatu re)
Name: "])A"hd +\-. ~AL(\.~
(Print)
('() A1J "5i- f.-;
Title:
ES, a New York
ip
By:
art r
Name:~A~clAL..L 'BW<i~&)J
(Print)
Easement Agreement
Page 5
~~~
DAVID H. BALDAUF, as Trustee
under a Trust Agreement dated October
14, 1985, known as the Benderson
85-1 Trust
BUFFALO-GREENBRIAR ASSOCIATES,
LLC, a New York limited liability company
By: ~~,l~
(Signature)
Name: ~A\Jld H. ~Lc\~
(Print)
f'}PtN ~ t..tV
Title:
~'b
Witnes~nature ___,_
Name: ~~t~ 1 # IPN~ (.
(Print or Typ ) I
~ J4fi,~
DAVID H. BALDAUF, as Trustee
under a Trust Agreement dated September
22, 1993, known as the Randall
Benderson 1993-1 Trust
~""'t lo "--
L;J J~
DAVID H. BALDAUF, as Truste
under a Trust Agreement dated December
29, 1995, known as the Ronald
Benderson 1995 Trust
Witness ( gnat e) 't.
Name: ~~~ {J ~,
(Print or pe
EA-UE
Approved as to form and
legal sufficiency:
h--- \[~
Ellen T. Chadwell
Assistant County Attorney
EA-UE
Page 6
WR-1 ASSOCIATES, LTD., a Florida limited
partnership
BY: BG THE VILLAGE, L.L.C., a Florida
limited liability company, its general partner
By: ~ ~ jtJ-M
(Signature)
Name: 'J)fhlLcLH. ~ALd~+_
Title: mAN~u-';
~
"
EXHIBIT A-
Page I of ;;L
lOJ S-I r-
PROdECT 7 01 ~,-;s. '"
PARCEL c2 9, ?
F 0 L IO 3 L.f b '100 ? OD~.1?
SKETCH AND DESCRIPTION OF A
PERMANENT UTILITY EASEMENT (29.P)
LYING IN TRACT 2, GATOR GATE UNIT 2
PLA T BOOK 7, PAGE 54; SECTION 3, TOWNSHIP 50 S, RANGE 26 E
COLLIER COUNTY, FLORIDA
STATE
N LINE SEC liON 3 I
3:
. I '.t
o -t
o .
~,~
S R/W LINE U1
ROAD ",-(DAVIS N:a:~:~:D );;>J I
GATOR GATE <>
UNI T 2
N89'4J'32"W
100.00'
PO.C.
NE CORNER
SECTION J
PROPOSED PERMANENI
Unl.lTy fASEMENf
3:
o~
o.
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o If)
0,
-t 0
o
U1
DA=J'16'56"
R=905.7"
L=51.88'
CB=S27'57'53"E
C=51.88'
FOLIO NO.:
34690080008
O.R. 2962, PAGE 0221
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CR-COUNTY ROAD
FP&L-FLORIDA POWER & LIGHT co.
R/W -. RIGHT-OF-WAY
OR. - OFFICIAL RECORDS BOOK/PAGE
POB.-POINT OF BEGINNING
POC.-POINT OF COMMENCEMENT
NO. -NUMBER
DA-DEL TA
R-RADIUS
L-LENGTH
CB-CHORD BEARING
C-CHORD DISTANCE
--------~._--_._--.-----_._--- - -----
S LINE
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3:
PRaPOSW PfRMANfNf ~ ~j
UTILI TY EASEMEN T ---~--~-
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/' n:::
/
3:
<-->
r
NOT VALID WITHOUT
DESCRIPTION ON SHEET 2 OF 2
zg:z-_.)
/J/
---~ ---~----------
NOTE:
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULA lED ARE BASED ON A FIELD SURVEY OF
THE NOR TH LINE OF SECTION 2 AND THE WEST
R/W LINE OF CR. 951. BASIS OF BEARING:
ST A IE PLANE COORDINATE SYSTEM, FLA. EAST
ZONE. '83/'90
DARREN TOWNSEND (FOR THE FIRM L8677J)
PROFES~ONAL SURVEYOR AND MAPPER
FLORIDA j..ICENSE NO. LS 6476
nHs2;J:i~ DAY OF ---..AtgL~_______. 2005.
THIS IS NOT A SURVEY
COONER & ASSOCIATES, INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE, FORT MYERS, FLORIDA 3.3912
PHONE: (2.39)277-0722 FAX: (2.39)277-7179 EM AIL: SURVEYINGOCOONER.COM
CLIENT: GREEI.EY AND nAN~nJ, LLC DRAWN BY: OKT CHECKED BY: JNW
PARCEL DESCRIPT10N: DATE: OJ/17/05 SCALE: 1"=40'
PERMANENT UTILITY EASEMENT TRACT 2,
GATOR GATE UNIT 2, SEC. 5-50--26
REV: 4-27-05
PROJECT No: OJ0705W. A
DWG NO:OJ0705WA-ESM
SHEET: 1 OF 2
EXHIBIT A
Page ~ of_ ~
PROJECT
PARCEL
FOLIO
70fS-/ f-
70 ( l,- ::2-.., _
c2 9, P
Sib 9001;> 000 '?'
SKETCH AND DESCRIPTION OF A
PERMANENT UTILITY EASEMENT (29.P)
LYING IN TRACT 2, GATOR GATE UNIT 2
PLA T BOOK 7, PAGE 54; SECTION 3, TOWNSHIP 50 S, RANGE 26 E
COLLIER COUNTY, FLORIDA
DESCRIPTION OF A PERMANENT UTILITY EASEMENT LYING IN TRACT 2, GA TOR GATE UNIT 2 A SUBDIVISION
AS RECORDED IN PLAT BOOK 7, PAGE 54; SECTION 3, lOWNSHIP 50 SOU TH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION; THENCE RUN N89'43'32"W, A DISTANCE OF
100.00 FEET ALONG THE NORTH LINE OF SAID SECTION: THENCE SOO'50'44"W, A DISTANCE OF 50.00 FEET
TO THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE or STAlE ROAD 84 (DAVIS BOULEVARD) AND
THE WESTERLY RIG~n-OF-WAY LINE OF COUNTY ROAD 951 SAID POINT BEING THE NORTHEAST CORNER OF
SAID SUBDIVISION; THENCE RUN SOO'50' 44"W, A DISTANCE OF 40000 FEET ALONG SAID WESTERLY LINE TO ~
THE NORTH LINE OF A PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 2962. PAGE 0221 AND THE POINT
OF BEGINNING; THENCE CONTINUING ALONG SAID W'ESlERL Y LINE AND THE EAST LINE OF SAID PARCEL
SOO'50'44"W, A DISTANCE OF 500.02 FEU TO THE SOUTH LINE OF SAID PARCEL; THENCE RUN N89'43'32"W.
ALONG SAID SOUTH LINE A DISTANCE or 2S.00 FEET; THENCE RUN NOO'SO'44"E. A DISTANCE OF 545.72
FEET TO TIlE CURVED NORTH LINE OF SAID PARCEL AND THE BEGINNING OF A CURVE CONCAVE
SOUTHWESTERL Y HAVING A DELTA ANGLE OF 03'16'56", A RADIUS OF 905.71 FEET, A CHORD BEARING OF
S27"57'53"E AND A CHORD DISTANCE OF 51.88 FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE
RIGHT AND SAID NORTH LINE A DISTANCE OF 51 88 FEET TO SAID WESTERLY RIGHT-OF -WAY LINE AND THE
POINT OF BEGINNING.
"
CONTAINING 13,085 SQUARE FEET OR 0.30 ACRES, MORE OR LESS
NOT VALID WITHOUT SKETCH & SIGNATURE
ON SHEET 1 OF 2
THIS IS NOT A SURVEY
COONER & ASSOCIATES, INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE, FORT MYERS, FLORIDA .3.3912
PHONE: (239)277-0722 FAX: (239)277-7179 EM AIL: SURVEYINGOCOONER.COM
CLIENT: GREELEY AND I-JANSEN, LLC DRA'NN BY: DKT CHECKED BY: J.N. W.
PAR~L DESCRIPTION: DATE: 0.3/17/05 SCALE: N/A
PERMANENT UTILITY EASEMENT TRACT 2,
GATOR GATE UNIT 2, SEe. 3-50-26
"
REV: 4-27-05
PROJECT No: 0.30705W.A
DWG NO:OJ0705WA-ESM
SHEET: 2 OF 2
Retn:
RBAL BSTATB SBRVICBS
BIT 8922/MCLAUGHLIN
INTBR OFFICB
3815617 OR: 4013 PG: 0081
RBCORDBD in the OFFICIAL RBCORDS of COLLISR COUNTY, FL RBC FBB
04/06/2006 at 03:41PM DWIGHT B. BROCK, CLBRK IRDIIING
COPIBS
69.50
5.00
8.00
\. L-b
\/ PROJECT: Collier Boulevard Water Main Project 70151/70152
PARCEL NO.: 29P
FOLIO: 34690080008
UTILITY EASEMENT
THIS EASEMENT, made and entered into this ~ day of ~~ ,2006, by
and between VICTORIA ESTATES, lTD., a Florida limited partnership; WALDEN
AVENUE-BLEND-All HOTEL DEVELOPMENT, INC., a New York corporation; DICK
ROAD-BLEND-All HOTEL DEVELOPMENT, INC., a New York corporation;
RANGER-1, L.L.C., a Florida limited liability company; RB-3 ASSOCIATES, a New
York general partnership; RANDAll BENDERSON, RONALD BENDERSON AND
DAVID H. BALDAUF AS TRUSTEES UNDER A TRUST AGREEMENT DATED
OCTOBER 14, 1985, KNOWN AS THE BENDERSON 85-1 TRUST; BUFFAlO-
GREENBRIAR ASSOCIATES, llC, a New York limited liability company; and
RONALD BENDERSON AND DAVID H. BALDAUF AS TRUSTEES UNDER A TRUST
AGREEMENT DATED SEPTEMBER 22, 1993, KNOWN AS THE RANDAll
BENDERSON 1993-1 TRUST; RANDAll BENDERSON AND DAVID H. BALDAUF, A
TRUSTEES UNDER A TRUST AGREEMENT DATED DECEMBER 29,1995, KNOWN
AS THE RONALD BENDERSON 1995 TRUST; and WR-1 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 Tamiami Trail East, 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.
T"iS ~ has been quired under
hr. HJf cOnd8mnation and is exempt from
documentary stamp tax.
THIS CONVEYANCE ACCEPTED BY THE
~8t~~~88~n;:f8M~lSSIONERS,
PURSUANT TO THE P~
OF RESOLUTION NO. J - c~-~
ITEM#- lol!!!> cr-13-~
UE-W PIPE
1
STATE OF fioetdA
COUNTY OF mftNff=ti1-.
OR: 4013 PG: 0082
VICTORIA ESTATES, LTD., a Florida
limited partnership
By: Benderson-Victoria, L.C.,
a Florida limited liability company
its general partner .~
By: Ju;J ~ J
(Signature) ~ L.dftv.f
Name: :I)A.oJ\.d . OA
(Print)
Title: ("(If\",.H~<6W
The foregoing Utility Easement~~:!Atnowledged before me this 2.0 day of
mA\7 cH , 2006 by~\.d 'B Name), m~~<; ?J (Title) on behalf of
Benderson-Victoria, L.C., a Florida limited liability company, as neral partner of Victoria
Estates, Ltd., a Florida limited partnership, who is personally known to me or who has produced
as identification.
(affix notarial seal)
o.~
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
H Gayton
! . mission 00198658
~ ..
~Of'" Expires March 31 2007
WALDEN AVENUE-BLEND-ALL HOTEL
DEVELOPMENT, INC., a New York
corpO~.1 ~
By: 14-
r:J v....:d""..L Vice President ~
Name: --::i)fWld +\. b~u:\
(Print)
STATE OF ~adA
COUNTY OF mAN~
The foregoing Utility Easement was acknow~dged before me this ~O day of
mAY cr\ , 2006 by DPrJln t-\. :p'ALA~, I7ro8io8Fl1Wice President on behalf
of Walden Avenue-Blend-All Hotel Development, Inc., a New York corporation, who is
personally known to me or who has produced as identification.
(affix notarial seal)
(Print Name of Notary
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
UE-W PIPE
2
OR: 4013 PG: 0083
DICK ROAD-BLEND-ALL HOTEL
DEVELOPMENT, INC., a New York
~~~~t:;J d ~_
rl fi~:J"".IL/Vice President ~
Name: "DA.oJld.t-\. nALd.
(Print)
STATE OF _Fin~dA-
COUNTY OF mA1J~~
The foregoing Utility Easem nt was ac nowl ged before me this 2.t) day of
ffiffil.a-\ , 2006 by \. t\ . , Pre!ieJsAWice President on behalf
of Dick Road-Blend-All Hotel evelopment, Inc., a New York corporation, who is personally
known to me or who has produced as identification.
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
(affix notarial seal)
RANGER-1, L.L.C., a Florida
limited liability company
By: WR-1 Associates, Ltd., a Florida
limited partnership, its manager
By: BG The Village, LLC, a Florida
limited liability company, its general
partner
By: ~ U- tUJ-I1
(Signature~ Ld PU-L
Name: 'DA\il . (?,R
(Print)
Title: m A-tJ4& t]J
STATE OF fLolldR
COUNTY OF mAtJ~i,
The foregoing Utility Easeden~~knOWledged before me this 1-0 day of
m AY ~, 2006 by ~l '0 ame), m ~ ~~ (Title) on behalf of
BG The Village, LLC, a Florida limited liability company, as general rtner of
WR-1 Associates, Ltd., a Florida limited partnership, as manager of Ranger-1, LLC, a Florida
limited liability company, who is personally known to who has produced
as identification.
(affix notarial seal)
(Print Name of Not
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
UE-W PIPE
3
STATE OF FL01l.le\A
COUNTY OF 1'l1A-f'JR1Ct
OR: 4013 PG: 0084
RB-3 A~OCIA ES., a New York
genera ners ip /
By: J
Part r
Name:~wdAw.... 'e>h~d~,J
(PI1rlYf
The foregoing Utility
y\\ Al? C H ,2006 by
Associates, a New York general
prod uced
~ANCf\u... B~d~~rJ
asement was ackno ledged before me this 2.3 day of
Name), Partner, on behalf of RB-3
partnership, who is personall known to me or who has
as ident' . on.
(affix notarial seal)
('A.'t
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
STATE OF 'FLO\2..ld{1
COUNTY OF mANA=itt..
J>~ Ali H. Gayton
; .; My Commission 00198658
~ ,L. &fit
lloo.. ._ Maron 31 2007
~ H ;tJ-J.-/l
DAVID H. BALDAUF, as Trustee
under a Trust Agreement dated October
14,1985, known as the Benderson
85-1 Trust
The foregoing Utility Easement was acknowledged before me this 1..0 day of
mAY cH , 2006 by David H. Baldauf, as Trustee under a Trust Agreement dated
October 14, 1985, known as the Benderson 85-1 Trust, who is personally known to me or who
has produced as identifica .
(affix notarial seal)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
UE-W PIPE
4
Witness (Sign
Name:
(Print 0'1
w~~nfiurJ~ I
Name: ~t\ b if. 119f10'l.
( rint or Ty e)
STATE OF FLO~dA-
COUNTY OF ('{\A-rJ~.f ,
OR: 4013 PG: 0085
BUFFALO-GREENBRIAR ASSOCIATES, LLC
a New York limited liability company
By: L;J ~!LJ--J-1
(Signature)
Name:
(Print)
Title: ('('l AWA<jJ i..J
The foregoing Utility Construction Easement w~s pcknowledged before me this 20
day of mPtl2.C.H , 2006 by v~Ld -e,AlrlfuH::(Name), f\ (Title) on
behalf of Buffalo-Greenbriar Associates, LLC, a New York limited liabilit company, who is ().. ~
personally known to me or who has produced as
identification.
(affix notarial seal)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
STATE OF FLG\adA
COUNTYOF rof\N~L
~~~
DAVID H. BALDAUF, as Trustee
under a Trust Agreement dated September
22, 1993, known as the Randall Benderson
1993-1 Trust
The foregoing Utility Easement was acknowledged before me this '2.0 day of
m~G-\ , 2006 by David H. Baldauf, as Trustee under a Trust Agreement dated
September 22, 1993, known as the Randall Benderson 1993-1 Trus is personally known
to me or who has produced as ide tification.
(affix notarial seal)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
UE-W PIPE
5
STATE OF ~d.Pr
COUNTY OF mA-NArf-f.
OR: 4013 PG: 0086
Wn~
DAVID H. BALDAUF, as Trustee
under a Trust Agreement dated
December 29, 1995, known as the
Ronald Benderson 1995 Trust
The foregoing Utility Easement was acknowledged before me this ;Z 0 day of
mAV(~ , 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.
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
(affix notarial seal)
STATE OF FLO\'l.u1A-
COUNTY OF mAN A=rt F,
~~
WR-I ASSOCIATES, LTD., a Florida limited
partnership
BY: BG THE VILLAGE, L.L.C., a Florida
limited liability company, its gener partner
H
BY:
(Signature)
Name: ::DA\lld --\A BA~
(Print)
Title:
01&l~ UJ
The foregoing Utility Easement was ~edged before me this 2D day of
ffir:rtLb\ , 2006 byDM\.d. BA~ (Name), mArJ~i ) (Title)
on behalf of BG The Village, L.L.C., a Florida limited liability comp y, as general
partner of WR-I Associates, Ltd., a Florida limited partnership, wh .is personally known
to me or who has produced as' entification.
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
(affix notarial seal)
~as tt10~1C1enCY
As$1'itlnt Collftty Attornej' ~
En." T. Chldwen
UE-W PIPE
6
OR: 4013 PG: 0087 r
EXHIBIT-L
Page I of ;;;L
701)"1 7'-
PROdECT 701 {:l, ~ ...
PARCEL ;< 9, ?
F 0 L I 0 3 Lf &:, '1 00 <if oop. 'i?
SKETCH AND DESCRIPTION OF A
PERMANENT UTILITY EASEMENT (29.P)
LYING IN TRACT 2, GATOR GATE UNIT 2
PLA T BOOK 7, PAGE 54; SECTION 3, TOWNSHIP 50 S, RANGE 26 E
COLLIER COUNTY, FLORIDA
NLINE SECTlONJ--,
N89'43' 32"W
100.00'
POC
NE CORNER
SECTION 3
S TATE
S R/W LINE
ROAD 84 (DAVIS BOULEVARD). f
-----.._---- --..------~-----.- -."..
~\
NE CORNER ./
GATOR GATE <>
UNIT 2
~
. I'v
o v
o .
cil~
If) .
o
o
(/)
i
PROPOSEO PERMANENT
\J "'"Y fASEMEN r
~
8 ~
'0
o If)
o.
v 0
o
(/)
DA=3'16'S6"
R=905.71'
L=51.8B'
C8= S27'5 7' 53"E
C=51.88'
FOLIO NO.:
34690080008
O.R. 2962, PAGE 0221
N
f'-..
.0
v
If)
"
w
~
o
If)
o
o
z
~
,
v
-.t
o
If)
o
o
(/)
If)
m
\$.0
CR-COUNTY ROAD
FP&L-FLORIDA POWER & LIGHT CO.
R/W -- RIGHT-OF-WAY
OR. -- OFFICIAL RECORDS BOOK/PAGE
POB-POINT OF BEGINNING
POC-POINT OF COMMENCEMENT
NO-NUMBER
DA-DELTA
R-RADIUS
L-LENGTH
CB-CHORD BEARING
C-CHORD DISTANCE
~
'J
N.
n 0
. 0
n .
v If)
. N
PROPOSEO PERMANENT__ ~
U nu TY EASEMENT ----
n:::
u
w
z
::J
/ ~
// -........
~/ n:::
~
S LINE
r
NOT VALID WITHOUT
DESCRIPTION ON SHEET 2 OF 2
~--./7
--_LM~!______
NOlL
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULA TED Af~E BASED ON A FIELD SURVEY OF
THE NOR IH LINE OF SEC nON 2 AND THE WEST
R/W LINE OF CR. 951. BASIS OF BEARING:
STATE PLANE COORDINATE SYSTEM. FLA. EAST
ZONE. '83/'90.
DARREN TOWNSEND (FOR THE FIRM LB6773)
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA I-ICENSE NO. LS 6476
THIS-cI!~ DAY OF ___-Ae&L~________. 2005_
THIS IS NOT A SURVEY
COONER & ASSOCIATES, INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EM AIL: SURVEYINGOCOONER.COM
CLIENT: GREELEY AND ;-':AN~nl, LLC DRAWN BY: DKT CHECKED BY: JNW
PARCEL DESCRIPTION: DATE: 03/17/05 SCALE: 1"=40'
PERMANENT UTlLl1Y EASEMENT mACT 2,
GATOR GATE UNIT 2, SEC. ,~-50--26
REV: 4-27-05
PROJECT No: 030705W.A
DWG NO:OJ0705WA-ESM
SHEET: 1 or 2
*** OR: 4013 PG: 0088 ***
EXHIBIT A
Page ~ of. d--
PROJECT
PARCEL
FOLIO
701S-/ I-
lOfl,-::2...,..
c2 9, P
sib 90o<;so!?oYi
SKETCH AND DESCRIPTION OF A
PERMANENT UTILITY EASEMENT (29.P)
lYING IN TRACT 2, GATOR GA TE UNIT 2
PlA T BOOK 7, PAGE 54; SECTION 3, TOWNSHIP 50 S, RANGE 26 E
COLLIER COUNTY, FLORIDA
DESCRIPTION OF A PERMANENT UTILITY EASEMENT LYING IN TRACT 2, GA TOR GATE UNIT 2 A SUBDIVISION
AS RECORDED IN PLAT BOOK 7, PAGE 54; SECTION 3, 10WNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUN TY, FLORIDA:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION; THENCE RUN 1'189'0' 32"W, A DISTANCE OF
100.00 FEET ALONG THE NORTIl LINE OF SAID SECTION; THENCE SOO'SO'44"W, A DISTANCE OF SO.OO FEET
TO TIlE INTERSECTION OF THE SOUTH RIGHT. Of-WAY l.1NE OF STATE ROAD 84 (DAVIS BOULEVARD) AND
THE WESTERLY RIG~n-OF-WAY LINE OF COUNTY ROAD 9S1 SAID POINT BEING THE NORTHEAST CORNER OF
SAID SUBDIVISION; THENCE RUN SOO'SO'44"W, A DISTANCE OF 40000 FEET ALONG SAID WESTERLY LINE TO
THE NORTH LINE OF A PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 2962, PAGE 0221 AND THE POINT
OF BEGINNING; THENCE CONTINUING ALONG SAID WLS1ERL Y LINE AND HIE EAST LINE OF SAID PARCEL
SOO'50'44"W, A DISTANCE or 50002 rEET TO THE SOUTH LINE or SAID PARCEL; THENCE RUN N89'43'32"W,
ALONG SAID SOUTH LINE A DISTANCE or 2500 rEET; THENCE RUN NOO'50'44"E, A DISTANCE OF 54572
rEET TO THE CURVED NORTH LINE OF SAID PARCEL AND THE BEGINNING OF A CURVE CONCAVE
SOUTHWESTERLY HAVING A DELTA ANGLE OF 03'16'56", A RADIUS OF 905.71 FEET, A CHORD BEARING OF
S2T57'5YE AND A CHORD DISTANCE OF 51.88 FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE
RIGHT AND SAID NORTH LINE A DISTANCE OF 5188 FEET TO SAID WESTERLY RIGHT-OF-WAY LINE AND THE
POINT OF BEGINNING.
"
CONTAINING 13.085 SQUARE FEET OR 0.30 ACRES, MORE OR LESS
NOT VALID WITHOUT SI<ETCH & SIGNATURE
ON SHEET 1 OF 2
THIS IS NOT A SURVEY
COONER & ASSOCIATES, INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE, FORT MYERS, FLORIDA ]]912
PHONE: (239)277-0722 FAX: (2]9)277-7179 EM AIL: SURVEYINGOCOONER.COM
CLIENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DA TE: 03/17/05 SCALE: N/A
PERMANENT UTILITY EASEMENT TRACT 2,
GATOR GA TE UNIT 2, SEC. 3- 50- 26
"
REV; 4-27-05
PROJECT No: 030705W.A
DWG NO:OJ0705WA-ESM
SHEET: 2 OF 2