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Agenda 01/13/2009 Item #16C 5Agenda Item No. 16C5 EXECUTIVE SUMMARY January Page e 1 1 o of f 28 Recommendation to approve and execute documents necessary for the conveyance of the required utility facilities located within the site of the Emergency Services Center and South Regional Library on Lely Cultural Parkway in Collier County, Florida to the Collier County Water -Sewer District at a cost not to exceed $78.50, Projects 52160 & 54003. OBJECTIVE: To gain approval from the Board of County Commissioners to convey a Utility Easement, and Utility Facility Warranty Deed and Bill of Sale to the Collier County Water -Sewer District (District) to operate and maintain water and wastewater utilities within the easement areas, for the development of the Emergency Services Center (ESC) and the South Regional Library (Library) on Lely Cultural Parkway in Collier County at a cost not to exceed $78.50, Projects 52160 and 54003. CONSIDERATIONS: On December 12, 2006 the Board approved the award of a Construction Contract to Kraft Construction Company for the site work for construction of the new Emergency Services Center (Project 52160) and the South Regional Library (Project 54003). The Board subsequently approved the construction of both the Emergency Services Center and the South Regional Library. The construction of both facilities is now nearly complete and in preparation for the final completion and obtaining the final Certificates of Occupancy, we must meet the requirements of the District. The District is the water and wastewater utility service provider in the Lely area and will be providing water and wastewater utility service to the ESC and Library. As a condition to providing this service, the potable water and fire line facilities constructed by the County and running from the connection points at the backflow preventers/meters within the site property boundary to the connection point at the property line must be transferred to the District and an easement granted to the District for servicing and maintenance of the transferred backflow preventers and meters. A location map is attached for reference FISCAL IMPACT: Funds in the amount of $78.50 for recording of the Utility Easement and Utility Facilities Warranty Deed and Bill of Sale are available in the project budgets and the sources of funds are General Government Building Impact Fees, EMS Impact Fees, General Fund and Library Impact Fees. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATION: The conveyance documents have been reviewed and approved by the County Attorney's Office. This item is not quasi judical and as such ex parte disclosure is not required. This item requires majority vote only. JAB That the Board of County Commissioners: 1. Approve and authorize the Chairman of the Board of County Commissioners to execute the documents necessary for the conveyance of the utility facilities, including the attached Utility Easement, Utility Facility Warranty Deed and Bill of Sale, and Owner's Affidavit. 2. Acting as Ex- Officio the Governing Board of the District to accept the attached Utility Easement; and Direct the County Manager or his designee to proceed to follow all appropriate closing procedures and to record the aforementioned documents in the Public Records of Collier County, Florida. PREPARED BY: Sue Jim Zimmerman; Property Acquisition Specialist; Real Property Management, Department of Facilities Management Department Page 1 of 1 Agenda Item No. 16C5 January 13, 2009 Page 2 of 28 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C5 Item Summary: Recommendation to approve and execute documents necessary for the conveyance of the required utility facilities located within the site of the Emergency Services Center and South Regional Library on Lely Cultural Parkway in Collier County, Florida to the Collier County Water -Sewer District at a cost not to exceed $78.50, Projects 52160 & 54003. Meeting Date: 1/13/2009 9:00:00 AM Prepared By Sue Zimmerman Property Acquisition Specialist Date Administrative Services Facilities Management 12/18/2008 2:06:41 PM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 12118/2008 3:00 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 12/1812008 4:18 PM Approved By Hank Jones Senior Project Manager Date Administrative Services Facilities Management 12/18/2008 6:08 PM Approved By Jennifer A. Belpedio Assistant County Attorney Date County Attorney County Attorney Office 12/19/2008 10:21 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 1211912008 10:35 AM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/22/2008 11:40 AM Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management & Budget 12123/2008 12:56 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 12/23/2008 1:36 PM Commissioners file: / /C:AAgendaTest \Export\121- January %2013% 202009\ 16.%2000NSENT %20AGENDA \... 1/7/2009 PROJECT: ESC & Library 52160.1.2 FOLIO: 55425D14105 UTILITY EASEMENT Agenda Item No. 16C5 January 13, 2009 Page 3 of 28 THIS EASEMENT, made and entered into this day of , 2008, by COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Grantor", to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, hereinafter referred to as "Grantee ". W ITNESSETH: 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, its successors and assigns, a perpetual, non - exclusive easement, license, and privilege for utility purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" and Exhibit "B" which are 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 for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ATTEST: DWIGHT E. BROCK , Deputy Clerk Approved as to form and legal sufficiency. Jen fifer Belpedi Assistant County Alforney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY TOM HENNING, Chairman MLITYEASEMENT Page 4 of 28 COLLIER COUNTY EMERGENCY SERVICES COMPLEX AND SOUTHREGIONAL LIBRARY LEGAL DESCRIPTION A 25 FOOT WIDE STRIP OF LAND WITHIN TRACT B" LELY RESORT PHASE TWO, PLAT BOOK 18, PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT B' THENCE RUN ALONG THE NORTH LINE OF SAID TRACT B" NORTH 88'03"44° EAST 819.41 FEET TO THE INTERSECTION OF THE NORTHWEST CORNER OF THE EASTERLY 20 ACRE POR770AI OF SAID TRACT B", THENCE CONTINUE ALONG THE NORTH LINE OF SAID TRACT B° NORTH 88'03"44" EAST 849,89 FEET TO THE INTERSECTON OF THE EASTERLY LINE OF SAID TRACT B'• THENCE RUN ALONG SAID EASTERLY LINE SOUTH 04'O3 "03" WEST 76395 FEET TO THE INTERSECTION OF THE NORTHERLY RIGHT -OF -WAY ONE OF LELY CULTURAL PARKWAY, A 12D FOOT RIGHT -OF -WAY; THENCE RUN ALONG SAID RIGHT-OF-WAY LINE SOUTHWESTERLY 281.47 FEET ALONG THE ARC OF A NON TANGENT14L CIRCULAR CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1474.85 FEET THROUGH A CENTRAL ANGLE OF 0333'05" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 6031'05" WEST 281.05 FEET THENCE CONTINUE ALONG SAID RIGHT -OF -WAY LINE SOUTH 55'0126° WEST A DISTANCE OF 446.94 FEET TO THE POINT OF BEGINNING OF THE SUBJECT UTILITY EASEMENT- THENCE CONTINUE ALONG S410 RIGHT -OF -WAY LINE SOUTH 55'0126" WEST FOR A DISTANCE OF 25.00 FEET, • THENCE RUN NORTH 34'5834" WEST FOR A DISTANCE OF 35.00 fEET THENCE RUN NORTH 55'0126" EAST FOR A DISTANCE OF 25.00 FEET' THENCE RUN SOUTH 34'58'34" EAST TO THE PONT OF BEGINNING; CONTAINING 0.02 ACRES, MORE OR LESS. NOTES: 1.) BEARINGS SHOWN HEREON REFER TO THE NORTH ONE OF TRACT B" OF LELY RESORT PHASE TWO ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING NORTH 88'03"44" EAST 2) THIS PROPERTY IS SUBJECT TO EASEMENTS RESERVATIONS AND /OR RESTRICTIONS OF RECORD, 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. SIGNATURE _ — DATE SIGNED: ERIC V. SANDOVAL (FOR THE FIRM � US -lad) PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5223 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. XHIBIT_. ye of * THIS IS NOT A SURVEY LEGAL DESCRIPTION TCDRAWN BY: XC I JOB ND.: 05719.00 1 SHEET 1 OF 2 CONSUITING INGINIFE K rfEkrEY��S��NT COLLIER COUNTY E�ERCENCY SL'RYICL'S CO.NPLEX AND SOUFff RE'CIONAL LIBRARY en�ir°nm °ntai .evil. structu rcl - survey SF6TlON.22 TOArNSXJP 50 SOUTH, R X0-- Z6 EWST, °o �.anyea F °a aap 3s ii cmv-rA COUNTY, FLOA"D4 (239) 276 -"Ofl2 Ft X (23.) 2'v n -ocm2 E DATE: NOV'EAfBER 2008 1 DRAWING 05719.UTITLITYEASMNT rml UTILITY EASEMENT COLLIER COUNTY EMERGENCY SERVICES COMPLEX AND SOUTH REGIONAL LIBRARY 6 ii 0 150' 300' SCALE IN FEET POINT OF COMMENCEMEVT NORTHWFST CORNER OF TRACT'B" LELYRESORTPHASETWO PLAT BOOK 18, PACES 4345 EXH161► a f,z e 0 of RLAMRDBR POR770NOF TRACT'S' z IZ 7RACT "C' A5W MWOWS (PIATBOOK39, FACL'SI).13) N88°0344 "E 849.89' A 20ACRE PORTION OF TRACT 'B" LELYRESORTPHASETWO (PLAT BOOK 18, PAGES 43 -45) a January 13, 2009 Page 5 of 28 3' 7RACTr' p L&YELEMFNTARYSCHOOL 0 h (i I UW I I I ' EASEMENT O.OZ ACRF_5' 1 I POINT OF 4 - BEGWMNG y Pg1C�� P41 ro LINE TABLE UNE BEARING LENGTH ti 555'0176 W 25.00' LZ N34'58'J4V 3500' L3 N5510 ME 25. 00' 14 S3458'347 -- 35.00' CURIE TABLE CURIE I RADIUS DELTA LENGTH I CHORD I CHORD BEARING Cl 1474.85' I 0353'05' 181,47' 1 181.05' 1 S 60'3105" W * THIS IS NOT A SURVEY * SKETCH TO A CCOWANYLEGAL DESCRIPTION T� DRAWN BY KC JOB NO.: 05719.00 SHEET 2 OF 2 UT CONSOLTING MR INS EVEROASEMENT COLLIL'R CO(INTY L'MERCL'NCY SBRYICES COMPLEX AND SOUTA RL'CIONAL LIM4R7 envtronm °nt9� . cwl�. otr.ctc .1 _ survey SECTION 22, TOANSHIP 50 SOUT$ R LW 26 E.4ST, FonPenyv. �i�erid..n 3s +2 COLLIA'R COUNTY, FLORIDA <239) 2 >6 -1892 FIaX (249) 29n -o9s2 Grrtfiwtlo" M 734 DATE: NOVEMBER 2008 I DRAW/NC: 05919.UTILITYEASMNT UTILITYEASEIVIENT January 2009 Page 6 6 of 28 COLLIER COUNTYEMERGENCYSERVICES COMPLEX AND SOUTH REGIONAL LIBRAR Y LEGAL DESCRIPTION A 25 FOOT WIDE STRIP OF LAND WITHIN TRACT B" LELY RESORT PHASE TWO, PLAT BOOK 18, PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 8 THENCE RUN ALONG THE NORTH LINE OF SAID TRACT 8" NORTH 88'03'44" EAST 819.41 FEET TO THE INTERSECTION OF THE NORTHWEST CORNER OF THE EASTERLY 20 ACRE POR7701V OF S41D TRACT B THENCE CON77NUE ALONG THE NORTH LINE OF SAID TRACT B" NORTH 88'03'44" EAST 849.89 FEET TO THE INTERSECTON OF THE EASTERLY LINE OF SAID TRACT B,. THENCE RUN ALONG SAID EASTERLY LINE SOUTH 04703103" WEST 763.95 FEET TO THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF LELY CULTURAL PARKWAY, A 120 FOOT RIGHT-OF-WAY, • THENCE RUN ALONG SAID RIGHT -OF -WAY LINE SOUTHWESTERLY 58.00 FEET ALONG THE ARC OF A NON TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEASTERLY HAONG A RADIUS OF 1474.85 FEET THROUGH A CENTRAL ANGLE OF 02'15'11" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 6449560 WEST 58.00 FEET TO THE POINT OF BEGINNING OF THE SUBJECT UTILITY EASEMENT, THENCE CONTINUE ALONG SAID RIGHT -OF -WAY LINE SOUTHWESTERLY 25.00 FEET ALONG THE ARC OF THE MENTIONED CIRCULAR CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1474.85 FEET THROUGH A CENTRAL ANGLE OF 0333'05" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 63' 13'13" WEST 25.00 FEET THENCE RUN NORTH 26'1739" WEST FOR A DISTANCE OF 35.00 FEET THENCE RUN NORTH 63'13'13" EAST FOR A DISTANCE OF 25.00 FEET, THENCE RUN SOUTH 26'17'394 EAST FOR A DISTANCE OF 35.00 FEET THE POINT OF BEGINNING; CONTAINING 0.02 ACRES, MORE OR LESS. NOTES.' 1.) BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF TRACT B" OF LELY RESORT PHASE TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING NORTH 88'03'44" EAST 2) THIS PROPERTY IS SUBJECT TO E45EV[N`75, RESERVATIONS AND /OR RESTRICTIONS OF RECORD. 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. 18 L98 SIGSIG AT DATE SIGNED: ERIC V. SANDOVAL (FOR THE FIRM • ED -734) PROFESSIONAL SURVEYOR AND MAPPER - FLORIDA CERTIFICATE, NO. 5223 NOT VALID WITHOUTTHE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, 1 THIS IS NOT A SURVEY LEGAL DESCRIPTION TCDRAIVN BY' KC JOB ND 067f9.00 SHEET f OF 2 CONSULTING ENGINEERS, iNC UTIFITY ffS -FRVX COLLIL'R COUNTY EdfERCL'NCY SL'RY/CL'S COdIPLLX AND SOUTH RE'CIONAL LIBRARY �noo-°nr+621 . civn. structural _ su rv�y Sa'CT /ON 22, T08NSNIP 50 SOUT9, RANGE 26 —F4.FT, Fo.r�.inyirz; Rrorie® aa'a °�°2 COLLJB'R COUNTY, PLORlalf (279) 210 -1.42 FAX (2351) 2>0 -0922 E DATE.' NOVEMBER 2008 1 DRAWING: 05719.67IFLTYEASYNT C°rtltic°trcn r{ >96 rl i ii 0' 150' 300 SCALE IN FEET UTILITYEASEMENT January e 7 of 28 COLLIER COUNTY EMERGENCY SER VICES COMPLEX AND SOUTH REGIONAL LIBRARY TRACT'C" SIERRA MEADOWS (PLA7'BOOK39, PACES 1113) 1 iv88 °03'44E 819.41 �N88°03'44 "E 849.89' U N76'1739W POINT OF COMMENCEMENT I A 20ACRE e NORTHWEST CORNER OF POR770NOF 1479.85" TRACT Y' B" TRACT' 'ASETWO 58.00' LEL YRESORTPHASE TWO PLATBOOX/8, PAGES 43 -45 LELYRF I (PLAT BOOK 18, PAGES 43-45) 3 WC C p ULYELE6RNTARYSCHOOL 03'5305' 25.00' M RBWANDER RTTONOF T T rTMITY c� I * THIS IS NOT A SURVEY * 0.02 ACRFSI Cti � �POMTOF / BEGINNING 'C" %RAG S.0/ � A�� / UNE TABLE / o, G. 8FARING LENGTH U N76'1739W 35.OD' N63'13'13 C 25.00' 1 L3 i S26'17J9 E 1 35.00' CURVE TABLE CURVE RAOIUS DELTA LENGTH CHORD CHORD BEARING CJ 1479.85" 02'!5'12 58.00' 58.00' S 64'4936" W CZ 1474.85' 03'5305' 25.00' 25.00' S 63'13'13" W ONSHITIN [NORK K MORI SKETCH TO ACCOMPANYLEGAL DESCRIPTION DRAWN BY. KC I JOB NO.: 05719.00 1 SHEET 2 OF 2 UTILITYEASEMENT COLLIER COUNTY A',F.RCENCY SERVICES COMPLEX AND SOUTH RE010N.4L LIRRARY SECTION 22, TOIYNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. .FLOR /DA DATE: NOVEMBER 2008 1 DRAWING- 05719.UTLLITY6'ASYNT Agenda Item No. 16C5 January 13, 2009 Page 8 of 28 PROJECT: ESC /SERLIBRARY FOLIO: 55425014105 UTILITY FACILITIES WARRANTY DEED AND BILL OF SALE THIS INDENTURE made this day of December, 2008, between COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "Grantor'), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX- OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Grantee "). WITNESSETH: That said Grantor, for and inconsideration of the sum of Yen Dollars ($10.00) and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantees heirs, successors and assigns forever, all potable water and wastewater utility facilities and,'or system(s) or portion(s) thereof lying in, on, over and under the following described land, with the exception of any fire system infrastructure, for operation, relocation, installation, repair and/or maintenance of said facilities, system(s) or portion(s) thereof, all situate and lying and being in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) (Exhibit "B" attached hereto is a sketch or other graphic representation that depicts the physical location of the utility systems being conveyed.) and said Grantor does hereby fully warrant the title to said utility facilities and/or system(s) or portion(s) thereof, be they realty, personalty, or mixed, and Grantor will defend such title against all claims of all persons whomsoever. For the purposes of this conveyance, the utility facilities, system(s) and /or portion(s) thereof conveyed herein shall not be deemed to convey any of the lands described in either exhibit. Grantor and Grantee are used for singular or plural, as context allows. A sketch or other graphic representation showing the location of the utility facilities, etc., being conveyed is attached as Exhibit B. Agenda Item No. 16C5 January 13, 2009 Page 9 of 28 TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, relocate and /or take or introduce materials for the purpose of constructing, relocating, operating, repairing and/or otherwise maintaining utility systems thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. ATTEST: DWIGHT E. BROCK , Deputy Clerk Approved as to form and legal sufficiency: Jen ' er A. Belpedi Assistant County Att ey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HFNNING, Chairman Form 8 - Rev. 2004 (Utility Facilities Warranty Deed and Bill of Sale) UTILITYEASEMENT Page 10 of 28 COLLIER COUNTY EMERGENCY SERVICES COMPLEX AND SO UTH REGIONAL LIBRARY LEGAL DESCRIPTION A 25 FOOT WIDE STRIP OF LAND WITHIN TRACT B" LELY RESORT PHASE TWO, PLAT BOOK 18, PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 8 THENCE RUN ALONG THE NORTH LINE OF SAID TRACT B¢ NORTH 88'03'44" EAST 819.41 FEET TO THE INTERSECTION OF THE NORTHWEST CORNER OF THE EASTERLY 20 ACRE POR77ON OF SAID TRACT 4BO THENCE CONTINUE ALONG THE NORTH LINE OF SAID TRACT B" NORTH 88'03'440 EAST 84.9.89 FEET TO THE INTERSECTION OF THE EASTERLY LINE OF SAID TRACT B`• THENCE RUN ALONG SAID EASTERLY LINE SOUTH 04'03'03" WEST 763.95 FEET TO THE- INTERSECTION OF THE NORTHERLY RIGHT-OF-RAY LINE OF LELY CULTURAL PARKWAY, A 120 FOOT RIGHT-OF-WAY- THENCE RUN ALONG SAID RIGHT -OF -WAY LINE SOUTHWE37ERLY 281.47 FEET ALONG THE ARC OF A NON TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1474.85 FEET THROUGH A CENTRAL ANGLE OF 03'5305" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 60'31 05" WEST 281.05 FEET; THENCE CONTINUE ALONG SAID RIGHT -OF -WAY LINE SOUTH 55'0126" WEST A DISTANCE OF 446.94 FEET TO THE POINT OF BEGINNING OF THE SUBJECT UTILITY EASEMENT,- THENCE CONTINUE ALONG SAID RIGHT-OF-WAY LINE SOUTH 55'0126" WEST FOR A DISTANCE OF 25.00 FEET THENCE RUN NORTH 34'5834" WEST FOR A DISTANCE OF 35.00 FEET, THENCE RUN NORTH 55'0126" EAST FOR A DISTANCE OF 25.00 FEET, THENCE RUN SOUTH 34'58'34" EAST TO THE POINT OF BEGINNING; CONTAINING 0.02 ACRES, MORE OR LESS. NOTES: 1.J BEARINGS SHOWN HEREON REFER TO INC NORTH LINE OF TRACT 8" OF LELY RESORT PHASE TWO ACCORDING TO THE PLAT ]HEREOF RECORDED IN PLAT BOOK 18 AT PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING NORTH 88'03'44" EAST. 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND /OR RESTRICTIONS OF RECORD. 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DEGMAL S THEREOF. 1� 8-0 ! SIGNATURE DRY &SIGNED' ERIC V. SANDOVAL (FOR THE FIRM - LB-734) PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5223 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF FLORIDA LICENSEO SURVEYOR AND MAPPER. II * THIS IS NOT A SURVEY LEGAL DESCRIPTION DRAWN BY: EC I JOB NO.: 05719.00 1 SHEET 1 OF 2 ® fITILITY f4SPffJ7 _JVT CONSULTING INGLOLL /L%7 ANDNSOUTH R.900%E LIBR4RYC0f/PLLX cnvironmentol " civil. StrUCturol _ survey SECTIO,V 22, TOB'NSHIP 50 SOUTH, RANGE 26 EAST, F°n2MyH¢, Flo is nas�a COLLIER COUNTY. FLORIDA (239j 2 % (238) 378 -0822 DATE: NOVEMBER 2008 1 DRAITINC: 05719.17TITLITYEI.SNNT January 13, 2009 UTILITYEASEMENT Page 11 of 28 COLLIER COUNTY EMERGENCY SERVICES COMPLEX AND SOUTHREGIONAL LIBRARY i ® TRACJ'C- 0 ' 150' 300' SIERRA MEADOWS (PLATBOOR39, SCALE IN FEET PAGES 11-L3) POINT OF COMMENCEMENT NORTHWEST CORNER OF TRACT'B" LELYRFSORTPHASETWO PLAT BOOK 18, PACES 434S REWARDER POR770NOF TRACT'B" i I i I/ L� �6 a% l i" N88 °0344 "E 849.89' A20ACRE b 555'O1'26W POR770NOF L2 TRACT 'B" 35.00' L. EL YRESORTPHASE MO 3 (PLAT BOOK 18, PAGES 4345) p L ELYELEMEM1TAN ARYSCBOOL W SJ458'34f 0 U i UTILITY EASEMENT / �_C1 / 0.02 ACRES f i i POINT OF BEGINNING `o cn UN£ TABLE JIMF I 85WING LENGTH CURVf 555'O1'26W 25.00' L2 I N34-56341Y 35.00' 13 05101261E 25.00' L4 SJ458'34f 35.00' CURVE TAKE CURVf I RADIUS DEL TA I LENGTH CHORD I CHORD B£ARINC L C1 1474.85' 03'53 "05' 1 281.47' 1 281.05' 5' 5 60W �oHSUmxs INBIN HR K a SKETCH TO A CCOWANY LEGAL DESCRIPTION DRAWN BY KC I JOB NO.: 05719.00 I SHEET 2 OF 2 UTILITYEASEMENT COLLIER COUNTY E'AlF,ROFNCY SERYJCES COkPLF. AND SOUTH RFOIONAL LIBRARY SECTION 22, TOANSAIP 50 SOOT$ A4NGE 26 EAST, COLLIER COUNTY, FLOATDA DATE: NOVEMBER 2008 DRAWTNC 05719.UTILITYEAEMNT January 13, 2 2009 UTILITYEASEMEATT Page 12 of 28 COLLIER COUNTY EMERGENCY SERVICES COMPLEX AND SOUTH REGIONAL LIBRARY LEGAL DESCRIPTION A 25 FOOT WIDE STRIP OF LAND WITHIN TRACT B" LELY RESORT PHASE TWO, PLAT BOOK 18, PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 8" THENCE RUN ALONG THE NORTH LINE OF SAID TRACT 8" NORTH 88'03'44" EAST 819.41 FEET TO THE INTERSECTION OF THE NORTHWEST CORNER OF THE EASTERLY 20 ACRE PORTION OF 5410 TRACT 8;• THENCE CONTINUE ALONG THE NORTH LINE OF 5410 TRACT B° NORTH 88103'44" EAST 849.89 FEET TO THE INTERSECTION OF THE EASTERLY LINE OF SAID TRACT B'; THENCE RUN ALONG SAID EASTERLY LINE SOUTH 04'03'03" WEST 763.95 FEET TO THE INTERSECTION OF THE NORTHERLY RIGHT -OF -WAY LINE OF LELY CULTURAL PARKWAY, A 120 FOOT RIGHT-OF-WAY- THENCE RUN ALONG SAND RIGHT -OF -WAY LINE SOUTHWESTERLY 58.00 FEET ALONG THE ARC OF A NON TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1474.85 FEET THROUGH A CENTRAL ANGLE OF 02'15'12' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 644956" WEST 58.00 FEET TO THE POINT OF BEGINNING OF THE SUBJECT UTILITY EASEMENT- THENCE CONTINUE ALONG SAID RIGHT -OF -WAY LINE SOUTHWESTERLY 25.00 FEET ALONG THE ARC OF THE MEN77ONED CIRCULAR CURVE CONCAVE SOUTHEASTERLY HAIANG A RADIUS OF 1474.85 FEET THROUGH A CENTRAL ANGLE OF 03'53'05' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 63'13'13° WEST 25.00 FEET THENCE RUN NORTH 26'17J9" WEST FOR A DISTANCE OF 35,DO FEET; THENCE RUN NORTH 63'13'13" EAST FOR A DISTANCE OF 25.00 FEET; THENCE RUN SOUTH 26'1739" EAST FOR A DISTANCE OF 35 00 FEET THE POINT OF BEGINNING; CONTAINING 0.02 ACRES, MORE OR LESS. NOTES: 1.) BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF TRACT B" OF LELY RESORT PHASE TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING NORTH 88'03'44" EAST. 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND /OR RESTRICTIONS OF RECORD. 3) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. SIGNATURE - -' DATE SIGNED: ERIC V, SANDOVAL (FOR THE FIRM - L6-7341 PROFESSIONAL SURVEYOR AND RAPPER FLORIDA CERTIFICATE NO. 5223 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. THIS IS NOT A SUR VEY LEGAL DESCRIPTION TWE" DRAWN BY_ KC JOB N0: 05719.00 SHEET ! OF 2 ® UTILITY �AS�dlENT C INGIHIM I N C COLLIER 4XV S0&'Ph .R CION.IL LlMlj?YCOAIPLLX c"vtronrnent°I .own. strwcturcl _ survey SECTION 22, - 0rVSHJP 50 SOUTH, RANGE 26 EAST, 60 2ni rs F"o lraa ais�i C49LU-FR COU.V77; FL072/DA (239)27- -'992 FiaX (238)278 -OB22 E "` ""�`" DATE: NOVEMBER 2008 DRAWING: 05719.UTlTMTYEASXNT C�rtfic�nen r r9< UTILITY EASEMENT COLLIER COUNTY EMERGENCY SER VICES COMPLEX AND SOUTH REGIONAL LIBRARY 0' 150' 300' s (PRRA MOOK39, I'LA7'ROOX39, SCALE IN FEET PAGES 11.13) 819.41 POINT OF COMAYENCEA ENT NOR THAWT CORNER OF TRACT "B" LEL Y RES OR T PHA SE TWO PLAT BOOK 18, PAGES 4345 4 4 RF,VAWER POR770NOF TRACT'B' I zz z� 1/ * THIS IS NOT A SURVEY * CONSUITING N88 °03'44 "E X49.69 A 20ACRE PORTIONOF TRACT B" LELYRESORTPHA.SE TWO (PLAT BOOK 18, PAGES 434S) UTILITY EASEMENT - 0.02 ACRES i i 1 a e January 13, 2009 Page 13 of 28 I1?AC7 C" p L&YFiLFJdn7ARYSCPI00L O Oj C� G" i f � POINT OF BEGINNING UN£ TABLE '.. LIN T 8£4R/NC I LENGTH 1 N26.17:i9'W MA —Cl N63.1J'1J'E 25.01 L3 S26-17'39 -E 35.00' CURIE TABLE CURIE RADIUS DELTA LENGTH CHORD CHORD bb WG —Cl 1474.85' 02'15'12' 58.00' 58.00' S 644956" W CZ 1474.ft5' 033305' 25.00' 2500' S 63'13'13' W SKFTCFI TO ACCOMPANY LEGAL DESCRIP77ON DRAWN BY.• KC I JOB NO.: 05719.00 1 SHEET 2 OF 2 U17LITYEASEMENT Coll/ER COUNTY E'I�ERCE'NCY SERVICE'S COAfPLEX AND S0brFA' RF010jV4L LIBRARY SE=Off 22, TOB'NSH(P 50 SOUTH, RANGE' 26 T4ST, COLL/ER COUNTY, IsLORM4 DATE`. NOVEMBER 2008 1 DRAAINC: OSTI9.OTILITYEASYN7 i Ir I DR14 P I ATERMAN 4" WR SS MBLY W /RPZ i f ASSEMBLY D ER� OLLIER COUNTY 1 ARD / j \ D L W -10A \ \ arr PE CARRIER PIPE A w/24 "DPE CASING PI P F/ SCALE: 1" - 29 8 "C900 DR14 PVC FIREMAIN 8" FIRE SYSTEM DETECTOR CHECK ASSEMBLY PER COLLIER COUNTY STAN DAP DETAIL W -10A 2, 0900 DR14 PVC i i 2" WATER METER \ 1SSEMBLY W /RPZ \ 23x35. CUE \� r! rRIGHT- OF-WA5 e 1\ V \ 12 " \ TAPPI \ SADDLE \ 12" DR- DPECARRIER PIPE w! R -11 HOPE CASING PIPE P�2 P. JohAsbn, P.E. ,Daniel 'RMD�9NOfi0BEV,lPENwRBCP NMISOYIAFIIf.C9ttE1VJJ aMniW46 MONOiUR°Kn:h 6AV M�RIIIEM.CF PV�f4LW45FAV N �ryf�yf�i�IM��NEf INW dVi4MW .N¢ T�y�I�p�ymy[� OLLIER COUNTY EMERGENCY SERVICES COMPLEX.... CO�JU�I��[�OlQlllhl�� AND SOUTH REGIONAL LIBRARY SK -1 °" °'�, , °minmmenW •mNl•,wnum KKxJ UTILITY EASEMENTS -WATER mss° FzXHIBIi- _� Of ' t / / ILL / / I.. I i I I I '.I I III 'i 1/1 r1 �r I lNo f r. / SCALE: 1" -I V / J / / / RIGHT- OF -WAY _ AUTO AIR / RELEASE VALVE/ 4 °CHECKVALVE / ASSEMBLY / / r IY /II I i IJ' -'8° X 4" TAPPING Dan!()[ f o nson,vP p1NIfNpp p C�BSn�NC�ISINC eMio hl. Wl`. abu[NN tlnln "ry v'�mn�' ° OLLIER COUNTY EMERGENCY SERVICES COMPLE AND SOUTH REGIONAL LIBRARY SANRARY FORCEMAIN Nom 9. SK -2 :.' „�,�" „� 1109 NC. Y°A.YI ` o PROJECT: ESC'SERLIBRARY FOLIO: 55425014105 OWNER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER Agenda Item No. 16C5 January 13, 2009 Page 16 of 28 BEFORE ME, the undersigned authority, personally appeared TOM HENNING, who to me is well known, and having been duly swum and under oath, deposes and states: 1. My name is TOM HENNING, I am over the age of twenty-one (21) years, am sui juris, and have personal knowledge of the facts asserted herein. 2. COLLIER COUNTY is the owner of said real property located at 8065 Lely Cultural Parkway, Naples, Florida (SE Regional Library) and 8075 Lely Cultural Parkway, Naples, Florida (ESC), and described on Exhibit A, which shows the location of the subject utility facilities being conveyed. 3. All persons, firms, and corporations, including the general contractor, all laborers, subcontractors and sub - subcontractors, material men and suppliers who have furnished services, labor or materials according to plans and specifications, or extra items; used in the construction, installation and/or repair of potable water and wastewater utility system(s) or portion(s) thereof on the real estate hereinafter described, have been paid in full and that such work has been fully completed and unconditionally accepted by the current owner of such facilities. 4. No claims have been made to the owner, nor is any suit now pending on behalf of any contractor, subcontractor, sub - subcontractor, supplier, laborer or material -men, and no chattel mortgages or conditional bills of sale have been given or are now outstanding as to the subject utility system(s) or portion(s) thereof placed upon or installed in or on the aforesaid premises. 5. Title to the subject utility systern(s) or portion(s) thereof and /or easement(s), if any, being conveyed to the County is not encumbered by any recorded mortgage, recorded assignment of rents or profits, by any recorded Uniform Commercial Code Financing Statement, or by any other recorded document that imposes a security interest that could negatively affect conveyance of marketable title to the utility system(s) or portion(s) thereof and /or any easement being conveyed to the County. 6. As and on behalf of the owner of the subject utility system(s) or portion(s) thereof, does for valuable consideration hereby agree and guarantee, to hold the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as the Ex- Officio Governing Board of the Collier County Water -Sewer District harmless against any lien, claim or suit by any general contractor, subcontractor, sub - subcontractor, supplier, mechanic, material -man, or laborer, and against chattel mortgages, security interests or repair of the subject utility system(s) or portion(s) thereof by or on behalf of Owner. Affiant is used as singular or plural, as the context requires. 7. The utility system(s) or portion(s) thereof referred to herein are located within the real property described in the attached Exhibit "A ". FURTHER AFFIANT SAYETH NAUGHT. Agenda Item No. 16C5 January 13. 2009 Page 17 of 28 DATED this day of December, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGI IT E. BROCK COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: Jennifer A. Belpedio, Assistant County Attorn 01/2005 Form 6 - Rev. 2004 (Owner's Affidavit) TOM HENNING, Chairman Agenda Item No. 16C5 UTILI'IYEASEMENT COLLIER COUNTY EMERGENCY SER VICES COMPLEX AND SOUTH REGIONAL LIBRARY LEGAL DESCRIPTION A 25 FOOT WIDE STRIP OF LAND WITHIN TRACT B' LFLY RESORT PHASE TWO, PLAT BOOK 18, PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT `B;• THENCE RUN ALONG THE NORTH LINE Of- SAID TRACT B" NORTH 88'03'44" FIST 819.41 FEET TO THE INTERSECTION OF THE NORTHWEST CORNER OF 7TIF EASTERLY 20 ACRE PORTION OF SAID TRACT B', THENCE CONTINUE ALONG THE NORTH LINE OF SAID TRACT B' NORTH 88'03'44" EAST 849.89 FEET TO THE INTERSEC7I0N OF THE EASTERLY LINE OF SAID TRACT "K THENCE RUN ALONG SAID EASTERLY LINE SOUTH 04'D3'OJ" WEST 76395 FEET TO THE INTERSECTION OF THE NORTHERLY RIGHT -OF -WAY LINE OF LELY CULTURAL PARKWAY, A 120 FOOT RIGHT -OF -WAY THENCE RUN ALONG S41D RIGHT -OF -WAY LINE SOUTHWESTERLY 281.47 FEET ALONG THE ARC OF A NON TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1474.85 FEET THROUGH A CENTRAL ANGLE OF 03'53 "05' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 60'31'050 WEST 281.05 FEET; THENCE CONTINUE ALONG SAID RIGHT -OF -WAY LINE SOUTH 55'0126" WEST A DISTANCE OF 446.94 FEET TO THE POINT OF ReGINNING OF THE SUBJECT UTILITY EASEMENT- THENCE CON77NUE ALONG SAID RIGHT -OF- -WAY LINE SOUTH 55'0176" WEST FOR A DISTANCE OF 25.00 FEET, THENCE RUN NORTH 345834" WEST FOR A DISTANCE OF 3500 FEET,• THENCE RUN NORTH 55'0126" EAST FOR A DISTANCE OF 25.00 FEET; THENCE RUN SOUTH 34'58'34" EAST TO THE POINT OF BEGIIVNNG; CONTAINING 0.D2 ACRES, MORE OR LESS. NOTES: 1.) BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF TRACT B' OF LELY RESORT PHASE TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING NORTH 88'0344" EAST 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND /OR RESTRICTIONS Of RECORD, 3) DIMENSIONS SHOWN HFREON ARE IN FEET AND DECIMALS THEREOF. Irel t ( f SIGNATURE DATE SIGNED: ERIC V. SANDOVAL (I-OR THC f IRM - L8-734) PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5223 NOT VALID WITHOUT THE SIGNATURE AND TI IE ORIGINAL RAISED SEAL OF A FLORIDA.UCENSED SURVEYOR AND MAPPER. ONSUITING61N RS INC * 7717S IS NOT A SURVEY LEGAL DESCRIPTION DRAWN BY: EC I JOB NO.: 05719.00 1 SHEET f OF 2 I UTILITY p4SL'�ffl'NT I COLLIER COUNTY EdlERCENCP SERVICES COdIPLEX ANIJ SOUTH REGIONAL LIBRARY ,SECTION 22, TOA'NSfl,P 50 SOUTX, R6N0E 26 EAST, COLLIER COUNTY, FLORIDA DATE: NOVEMBER 2008 I DRAWING 057191TITLITYFASMNT Agenda Item No. 16C5 UTILITY EASEMENT Page 19 or 28 COLLIER COUNTY EMERGENCY SERVICES COMPLEX AND SOUTHREGIONAL LIBRARY N v 0" 150' 300' SCALE IN FEET COMMENCEMENT NORTHWEST CORNER OF TRACT'B'. La YRESORTFHASE TWO PLAT BOOR 18, PAGES 4345 REMAINDER POR770NOF rRACr a" z � J ibl. // TP.AC7'C' S/BRRA MEADOWS (PLATBOOK39, PAGES 11 -11) N88 0344 "E 549.89' A20ACRE PORTION OF TRACT. "B" LELYRESORTPHASE TWO (PLAT BOOK 18, PAGES 4343) a e 41 TRA67'C' LELrflE ENTARrSCRWL 0 UTILTI'Y EASEMENT 0. 02 ACRFS3 -/ p4 l j BEGINNING o_ CURVE TABLE ONE TABLE RADIUS 1 LINE BEARING LENGTH zi 555'0126W 25.00" L2 NJ4'56J4W 35.00" LJ N55'0126T 15.00' L4 _L_S34'S834� CURVE TABLE CURVE RADIUS 1 DELTA LENGTH CHORD CHORD BEARING Cl 1474.65' OT5J'05' 28147" 1 18105' 1 S6031'05 "W THIS IS NOT A SUR VEY ' SKETCH TO ACCOMP.ANYLEGAL DESCRIPTION TiC" DRAWN BY KC JOB NO.: 05719.00 FsfffT 2 OF 2 CONSULTING ENGINEERS INS UTII.IfR6MycMENT COLLIER COUNTY A'dfERCA'NCY SERYlCES C0.vPL>4X AND SOUTH RL'ClONAL LIRRARY envtr onmcntoi cwn� "tru ctu rai . au. vay SECTION 22, TO.rNSH /P SO SOUPQ R.4NCE 20 &4S7,, o°2'° COLLJER COUNTT FLORIDA (230) 2TB -180'1 YAX (239) 2711 -0822 E_ ° `« DATE: NOVEMBER 2008 DRAWING: 05719.UTILITYEASMNT C�llfio�tlon M TAA Agenda Item No. 16C5 UTILITYEASEMEAT Page 20 Of 28 COLLIER COUNTYEMERGENCY SER VICES COMPLEX AND SOUTH REGIONAL LIBRARY LEGAL DESCRIPTION A 25 FOOT WIDE STRIP OF LAND WITHIN TRACT B" LELY RESORT PHASE TWO PLAT BOOK /Q PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT B THENCE RUN ALONG THE NORTH LINE OF SAID TRACT B" NORTH 88'03'44" EAST 819.41 FEET TO THE INTERSECTION OF THE NORTHWEST CORNER OF THE EASTERLY 20 ACRE PORTION OF 5410 TRACT B' THENCE CONTINUE ALONG THE NORTH LINE OF SAID TRACT B" NORTH 88'03'44" EAST 849.89 FEET TO THE INTERSECTION OF THE EASTERLY LINE OF SAID TRACT B' THENCE RUN ALONG 5410 EASTERLY LINE SOUTH 04'03'03" WEST 763.95 FEET TO THE INTERSECTION OF THE NORTHERLY RIGHT -OF -WAY LINE OF LELY CULTURAL PARKWAY, A 120 FOOT RIGHT -OF -WAY, THENCE RUN ALONG SAID RIGHT -OF -WAY LINE SOUTHWESTERLY 58.00 FEET ALONG THE ARC OF A NON TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1474.85 FEET THROUGH A CENTRAL ANGLE OF 02'15'12" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 64'49'56" WEST 58.00 FEFT TO THE POINT OF BEGINN7NG OF THE SUBJECT UNITY EASEMENT- - THENCE CONTINUE ALONG SAD RIGHT -OF -WAY LINE SOUTHWESTERLY 25.00 FEET ALONG THE ARC OF THE MENTIONED CIRCULAR CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1474.85 FEET THROUGH A CENTRAL ANGLE OF 03'53'05" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 63'13'13" WEST 25.00 FEET,- THENCE RUN NORTH 26'1739" WEST FOR A DISTANCE OF 35.00 FEET' THENCE RUN NORTH 63'13'13" EAST FOR A DISTANCE OF 25.00 FEET; THENCE RUN SOUTH 26'17'39" EAST FOR A DISTANCE OF 3500 FEET THE POINT OF BEGINNING; CONTAINING 0.02 ACRES, MORE OR LESS. rfeyrALIN 1.) BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF TRACT B" OF LELY RESORT PHASE TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING NORTH 88'03'44" FAST 2.) THIS PROPERTY IS SUBJECI 10 EASEMENTS, RESERVATIONS AND /OR RESTRICTIONS OF RECORD. 3J DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. V. az l !! -18 -e8 SIGNATURE DATE SIGNED: ERIC V. SANDOVAL (FOR THE FIRM - L6 -734) PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO 5223 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. .. R I JOB NO.: 05719.00 I SHEET 1 OF 2 * T HIS IS NOT A SUR VEY LEGAL DESCRIPTION 'T.c DRAWN BY KC I JOB NO.: 05719.00 I SHEET 1 OF 2 UTILITY F4SEIl FA7.r CONSULTIN G EN G INEEN IN G'01, / /F,R FERVjlCfS AND SO Tlf RECIONriL LIBR4RYCO�PLEX en..lron ml . myu. structural _survey SECTION 22, TOWKSAIR 50 SOUTH, RANOP 26 E14ST, ne 6oQl HCIa Sf�Y Drfv My °mss. FI°�Ipa 33812 COLIJER COfINTY, ,+' LORIDA (239)276 -i AB2 F•AX I3.YB)27E -OHL2 r °rtlflo¢[ion # 736 DATE. NOVEMBER 2008 1 ORAWIHO: 06719.17TITLITYEASYNT nw i Iii 0' 150' 30( SCALE IN FEES Agenda Item No. 16C5 UTILITY EASEMENT COLLIER COUNTY EMERGENCY SER VICES COMPLEX AND SOUTH REGIONAL LIBRARY NR8'03'44 E E19.41' POINT OF COMMENCEMENT NOR771WW CORNER OF TRACT 'B" LELYRESORTPHASETWO PLA TBOOK I$ PACES 43 -05 RF.MARDER PORTION OF 7RACT 6' _.IIII a i % � i * THIS IS NOT A SURVEY * TRACT Y" SIERRA MP WWS (PLAT ROOK 39, PAGES 11 -13) N88 °03'44 "E 849.89 A 20 ACRE POR770KOF TRACT "B" LEL YNWRT PHA SE TWO (PLAT BOOK 19, PAGES 43-45) UTILITY F.ASEMENT- 0.02ACRESi -a P .age , '2-1' o F 28 3 7R9LT ^r p LE YELF.I=AR YSCHOOL 0 c, `POINT OF BEGINNING L1N£ TABLE UNE BEARING LENGTH 11 N2F17'J9 W J5.00' L2 N6J'1J '1J£ 25.00' L3 _ I S26- 17J97_ J5.00' CURVE TABLE CURVf RADIUS D£1TA LENGTH CHORD CHORD BLARlNC ' C1 1474.85" 02'1572' 56.11' 5800' S 64'49'56" W C2 1474.85' 0333'05" 25.00'__L.25,00' S 6J'1J'1.i' W CoNsulliNg �IONIC SKETCH TO ACCOMPANYLEGAL DF,SCRIPTION DRAWN BY: KC I JOB NO.: 05719,00 1 SHEET 2 OF 2 UTILITY EASEMENT COLLLE'R COLwry E RO'NCY SARE/CB'S COAIPLL',f' ANIJ SOUTH RF1710%4L LABRMr SSCT7ON 22, TOKASflP SO SOUMV,, RANGE 26 LAST, COLLIER COUNTY, nORM4 DATE. NOVEMBER 2008 1 nRAWIM: 05719.OTILITYEASYN7 PROJECT: ESC /SERLIBRARY FOLIO: 55425014105 ATTORNEY'S AFFIDAVIT Agenda Item No. 16C5 January 13, 2009 Page 22 of 28 STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, on this 31 day of December, 2008, personally appeared JENNIFER A. BELPEDIO, who is to me well known, and having been sworn upon oath, deposes and states: 1. My name is JENNIFER A. BELPEDIO, I am over the age of twenty-one (21) years, am otherwise sui juris, and have personal knowledge of the facts asserted herein. 2. 1 am a licensed attorney, Florida Bar #186030, authorized to practice law in Florida and am currently practicing law in the State of Florida. My business address is Collier County Attomey's Office, 3301 Tamiami Trail East, 8 "' Floor, Building F, Naples, Florida 34112, and my business telephone I" number is (239) 252 -8400. 3. This Affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex- Officio the Governing Board of the Collier County Water -Sewer District to accept the dedication or conveyance of potable water and wastewater utility system(s) or portion(s) thereof located within or upon the real property described in the attached Exhibit "A ", which is incorporated herein by reference, said land being located in Collier County, Florida. 4. The Affiant has examined record title information to the underlying real property and the utility facilities being conveyed to the County referenced in this affidavit, including but not limited to, information requested from the Florida Secretary of State relative to any Uniform Commercial Code financing statements. 5. The record owner of the underlying real property described herein is COLLIER COUNTY, a political subdivision of the state of Florida (hereinafter "Owner "). The Owner acquired record title to the subject real property by instrument recorded at Official Records Book 2821, at Page 686, re- recorded at Official Records Book 3519, at Page 383, together with Quit Claim Deed recorded at Official Records Book 3519, at Page 388, all of the Public Records of Collier County, Florida. Agenda Item No. 16C5 January 13, 2009 Page 23 of 28 6. Title to the subject utility system(s) or portion(s) thereof and/or easement(s), if any, being conveyed to the County is not encumbered of record. 7. Affiant further states that the information contained in this Affidavit is true, correct and current as of the date this Affidavit is given. FURTHER AFFIANT SAYETH NAUGHT. 'Lc t t�� JENNIFER A. BELPEDIC, stant County Attorney Florida Bar No. 186030 State of Florida County of Collier Sworn and subscribed before me this �5 &L day of December, 2008, by Jennifer A. Belpedio, who is2ers�wn by me or who has produced � as identification, and who did /did not take an oath. NOTARY PUBLIC -STATE OF FLORIDA a ' � Marian R Celli SC "Mm'siOn #DD691754 sontieo Wires! AUG. 19, 2011 tt($[1 Ar1.LyyoGgonDING co., VIC Form 5 —Rev 2004 - (.Attorney's Affidavit) Notary Public, State of Florida at Large Print Name: XAAzP_jA,l V. &&L4if Notary Public Commission: D N b My Commission Expires: __ p,?!/_ Agenda Item No. 16C5 UTILITYEASEMENT Page 24 of COLLIER COUNTY EMERGENCY,SERVICES COMPLEX AND SOUTH RF,GIONAL LIBRARY LEGAL DESCRIPTION A 25 FOOT WIDE STRIP OF LAND WITHIN TRACT B" LELY RESORT PHASE TWO, PLAT BOOK 18, PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT B THENCE RUN ALONG THE NORTH LINE OF SAID TRACT 'B" NORTH 88'03'44" EAST 819.41 FELT TO THE INTERSECTION OF THE NORTHWEST CORNER OF THE EASTERLY 20 ACRE PORTION OF SAID TRACT B" THENCE CON77NUE ALONG THE NORTH LINE OF SAID TRACT B" NORTH 88'03'44" EAST 849.89 FEET TO THE INTERSECTION OF THE EASTERLY LINE OF 5410 TRACT B"• THENCE RUN ALONG SAID EASTERLY LINE SOUTH 04'03'03" WEST 76395 FEET TO THE INTERSECTION OF THE NORTHERLY RIGHT OF -WAY LINE OF LELY CULTURAL PARKWAY, A 120 F001 RIGHT OF -WAY,• THENCE RUN ALONG SAID RIGHT -OF -WAY LINE SOUTHWESTERLY 281.47 FEET ALONG THE ARC OF A NON TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEASTERLY HAKNG A RADIUS OF 1474.85 FEET THROUGH A CENTRAL ANGLE OF 03'53'05" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 60'31'05" WEST 281.05 FEET; [HENCE CONTINUE ALONG SAID RIGHT-OF-WAY LINE SOUTH 55'0126" WEST A DISTANCE OF 446.94 FEET TO THE POINT OF BEGINNING OF THE SUBJECT UAVTY EASEMENT, THENCE CONTINUE ALONG SAID RIGHT -OF -WAY LINE SOUTH 55'0126" WEST FOR A DISTANCE OF 25.00 FEET, THENCE RUN NORTH J45834" WEST FOR A DISTANCE OF 35 00 FEET- THENCE RUN NORTH 55'0126" EAST FOR A DISTANCE OF 25.00 FEET THENCE RUN SOUTH 34'5834" EAST TO THE POINT OF BEGINNING, CONTAINING 0.02 ACRES, MORE OR LESS NOM. - l.) BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF IRACT B" OF LELY RESORT PHASE TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT PAGES 43 THROUGH 45 Of" THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING NORTH 88'03'44" EAST 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS RESERVATIONS AND /OR RESTR7CT70,VS OF RECORD. 3.) DIMENSIONS SHOWN HEREON ARE IN FEEI AND DECIMALS THLREOF 2 l/- 4�zi ' //-(5-08 SIGNATURE DAic SIGNED: ERIC V. SANDOVAL (FOR THE FIRM - LB-734) PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5223 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CONS�IiI N6INEENS IHC ........................ 1 L �. * THIS IS NOT A SURVEY LEGAL DESCRIPTION DRAWN BY: KC TJOB NO.: 05719.00 SHEET 1 OF 2 I UTILITY iMSEfffl fT I COLLIER COUNTY Fwr R,-ENCF SERUICLS COAfPL x AND SOUTH "6710ML L/MMf SF. CT10N 22, T0b"N.S/71P 50 SOUTH, RANGE 26 F..4ST, COLL/BR COUNTY, FLORlOA DATE. NOVEMBER 2008 1 DAAIIfNG: 05719.UTITLITYEASYNT Agenda Item No. 16C5 UTILITY EASEMENT Page 25 of 28 COLLIER COUNTY EMERGENCY SER VICES COMPLEX AND SOUTH REGIONAL LIBRARY 0' 150' 300' SCALE IN FEET POINT OF COMMENCEMENT NORTHWEST CORNER OF TRACT'B" LELYRESORTPHASET910 PLAT BOOK 1$ PAGES 43 -45 REMADMM POR77ONOP 7RACT'B' McT'C` SIERRA MEADOWS (PLATBOOK39, PAGES 11 -13) N88 °0344 "E 849.89' A20ACRE PORTION OF TRACT "B" LEI.YRESORTPHASETWO (PLAT BOOK 13, PAGFS43 -45) a b - 7RACT'C' p LEL YREMENTARY.SCNOOL M h IUTILITY EASEMENT / I 002ACRESi C� Y p,8q�h Q i * THIS IS NUT A SC/R VEY * POINT OF BEGINNING 0 ME TABLE 1N BLARING LENGTH L 1 S55- 0126 -# 25.00' Cl NJ4'5834'W 35.00' L3 N55'0I 261E 25.00' C4 '. 534'S834f 35.00' CURVE RBIE CURVE I LENGTH CHORD CHORD BEARING Cl 1474.65' 03'53'05" 281.47' 281.05' 5 60'31'05' W HOME E INC SKETCII TO ACCOMP.4NYLEGAL DESCRIPTION DRAWN BY. KC JOB NO.: 05719.00 1 SHEET 2 OF 2 UTILITYEASEMENT COLLIER COUjVTY F.dfERCENCY SE'RVICE'S COd puff AND SO(/TH REGIONAL LIBRARY SECTION 2Z. TOyySHIP 50 SOUTR, R1NCE 06 FAST, COLLIER COUNTY, FLORIDA DATE NOVEMBER 2008 1 DRAW/NC: 05719.U77lJTYEASMNT Item NO. 1 UTILITY EASEMENT Page 26 of 28 COLLIER COUNTY EMERGENCY SIR VICES COMPLEX AND SOUTH REGIONAL LIBRAR Y LEGAL DESCRIPTION A 25 FOOT WIDE STRIP OF LAND WITHIN TRACT B" LEL( RESORT PHASE TWO, PLAT BOOK 18, PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COAWENCING AT THE NORTHWEST CORNER OF SAID TRACT "B THENCE RUN ALONG THE NORTH LINE OF SAID TRACT B' NORTH 88'03'44" EAST 819.41 FEET TO THE INTERSECTION OF THE NORTHWEST CORNER OF THE EASTERLY 20 ACRE PORTION OF SAID TRACT 8 "• THENCE CONTINUE ALONG THE NORTH LINE OF SAID TRACT 8" NORTH 88'03'44' EAST 849.89 FEET TO THE INTERSECTION OF THE EASTERLY LINE Of- SAID TRACT 'B' ' THENCE RUN ALONG SAID EASTERLY LINE SOUTH 04'0303" WEST 76395 FEET TO THE INTERSECTION OF THE NORTHFRI.Y RIGHT -OF -WAY LINE OF LELY CULTURAL PARKWAY, A 120 FOOT RIGHT-OF-WAY; THENCE RUN ALONG SAID RIGHT -OF -WAY LINE SOUTHWESTERLY 58.00 FEET ALONG THE ARC OF A NON TANGF10AL CIRCULAR CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1474.85 FEET THROUGH A CENTRAL ANGLE OF 02'15'12" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 6449560 WEST 58.00 FEET TO THE POINT OF BEGINNING OF THE SUBJECT UTILITY EASEMENT THENCE CONTINUE ALONG SAID RIGHT -OF -WAY LINE SOUTHWESTERLY 25.00 FEET ALONG THE ARC OF THE MENTIONED CIRCULAR CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1474.85 FEET THROUGH A CENTRAL ANGLE OF 03'53'05" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 63'11'13" WEST 25.00 FEET,• THENCE RUN NORTH 26'1739" WEST FOR A DISTANCE OF 15.00 FEET THENCE RUN NORTH 63'13'13" EAST FOR A DISTANCE OF 25.00 FEET, THENCE RUN SOUTH 26'1739" EAST FOR A DISTANCE OF 35.00 FEET THE POINT OF BEGINNING; CONTAINING 0.02 ACRES, MORE OR LESS. NOTES 1.) BEARINGS SHOWN HEREON REFER TO 7HE NORTH LINE OF TRACT "B" OF LELY RESORT PHASE TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT PAGFS 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING NORTH 88'03'44" EAST 2) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND /OR RESTRICTIONS OF RECORD. 3) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. I &.a 11 -18 -08 SIGNATURE DATE SIGNED: ERIC V. SANDOVAL (FOR THE FIRM- LB -736 PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5223 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. �oNSU�iiHS INGIN11HR IC * THIS IS NOT A .SURVEY LEGAL DESCRIPTION DFAWN BY..- KC I JOB NO.: 05719.00 1 SHEET 1 OF 2 I UTILITY �ASlltil NT I COII.IFR COUNTY E'.lfEYR02WCY .SERVICE'S CO,VAEEX AA'II SOUT6' R16710Ng1 LIBRAP.Y ZSCTION 22, TOWNSA /P 50 SOUTH R AICE 26 SST, COLLLF,R COUNTY, FLORIDA DATE. NOVEMBER 2008 1 DRAIrim 057f9.UT1ffi1TYdASNNT A =.3 * THIS IS NOT A .SURVEY LEGAL DESCRIPTION DFAWN BY..- KC I JOB NO.: 05719.00 1 SHEET 1 OF 2 I UTILITY �ASlltil NT I COII.IFR COUNTY E'.lfEYR02WCY .SERVICE'S CO,VAEEX AA'II SOUT6' R16710Ng1 LIBRAP.Y ZSCTION 22, TOWNSA /P 50 SOUTH R AICE 26 SST, COLLLF,R COUNTY, FLORIDA DATE. NOVEMBER 2008 1 DRAIrim 057f9.UT1ffi1TYdASNNT UTILITY EASEMENT COLLIER COUNTY EMERGENCY SER VICES COMPLEX AND SOUTH REGIONAL LIBRAR Y o' t ®o' SCALE IN FF,ET POINT OF COMMENCEMENT NOR THWFST CORNER OF TRACT "B" LELYRESORTPHASE TWO PLAT BOOK IB, PAGES 43 -05 REMMNDEP POR770NOF 7RACT'B' I I I A I / � TRACT r' SIERRA MEADOWS (PLATBOOK39, FAGFS 1113) N88 00344 "E 849.89 A 20 ACRE PORTION OF TRACT B" LEL YRFSORTPHASE TWO (PLAT BOOK 18, PAGES 43.45) UTILITY EASEMENT 0.02 ACRES t a e ttCl l I IN V. I Ot.O ival"y 11, 20M Page 27 of 28 3 IRQCf C° p LFLYELEMFMARYSCHOOL �I of �l POINT OF BEGINNING LWE TABLE LINE BEARING LENCTH 1 N26'1739 W 35.00' Cl N63'13'13'E 25. CC L3 S26'1739 £ 35.00' CURIE TABLE CURVE RADIUS DELTA LENGTH CHORD CHORD BEARING Cl 1474.85' 0715"12" 58.00' 58.00' S 64'4956" W C2 1 1474.85' 1 03'5305" 25.00' 25.00' S 63'i3'13" W * THIS IS NOT A SURVF,Y * SKETCH TO ACCOMPANY LEGAL DESCRIPTION TCDRAWN BY KC JDB NO 05719.00 SHEET 2 OF 2 UTILITYEASEMENT CHNSHITING N COLLIL'R COUNTY F.,(fLRCENCY SA'RYICES COlfPLFX AND SOUTK RL'CIONAL LIBRARY �n viranm enrol . cwn. 9truawrc1 - survey SECT /ON 22, - 0)rA'SR /P 50 SOUT$ RANCF. 26 EWST, COLLIER C07/NTY, FLORM4 f239) 27rt- '995' AX (239) 276 -(]922 `'"' "w GwrYlIlGDtlo�Om � "n 739 V # DATE: NOVEMBER 2008 8RAAING: 057MUTILITYEASMYT 1 �`i gym. d /�Y "�Mj