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Agenda 04/28/2009 Item #16K 1 it2nl i,lo. '16K 1 l\~)ri( 28, 2009 ?aJ81 of 18 EXECUTIVE SUMMARY Report on status of Board direction to initiate code enforcement proceedings against Milano Recreation Association, Inc., in relation to their refnsal to allow residents of Imperial Golf Estates to access Livingston Road, as agreed to in the PUD rczoning for Royal Palm Academy PUD. OBJECTIVE: To update the Board of County Commissioners on the statu.<; of the code enforcement proceedings against Milano Recreation Association, me, ("Milano"), in relation to their refusal to honor a PUD commitment to allow rcsidcnts of Imperial Golf Estates ("Imperial") to construct a road ("Marquis Boulevard") through Milano subdivision to access Livingston Road. Briefly stated, Milano has conveyed access to Imperial residcnts, allowing them to plan, permit, and construct an access road to Lhingston Road (at their expcnsc). Milano is now in compliance. Accordingly, the matter is effectively concluded, BACKGROUND: On Jlme 24, 2008, under agenda item 12,('., the Board of County Commissioners approved the initiation of code enforcement proceedings against Milano for refusing to honor a promise made during the Royal Palm Academy PUD (Ord, No, 03-54) rczoning approval process, A copy of the June 24th Executive Summary (without attachments) is attached hereto as Exhibit A, Since that timc, the matter has been brought to the Code Enforcement Board ("CEB") on three occasions, and has been continued in order to taci litate efforts by tIlC County, Milano, and Imperial to resolve the matter without need for adjudication by the CEB, Separate from the code enforcement proceedings, two separatc lawsuits have been brought in relation to the Marquis Boulevard access route, First, Imperial sued Milano in Circuit Court, based primarily on their claim to a tight of access through Milano to Livingston Road, Second, Milano sued the County (in a separate Circuit Court procecding), attempting (a.'11ong other things) to enjoin the County from going forward with the code enforcement case against thcm. On February 9, 2009, Milano gr.mted a light of way easement to Imperial, which \vas recorded in thc public record on March 19, 2009 (a copy of the easement declaration is attachcd as Exhibit B), which effectively resolved the code enforcement case and both pending Circuit COllrt cases. Imperial's case against Milano has been dismissed (see attachcd Exhibit C), Based on Milano bringing the code enforcement violation in10 compliance through the recording of the declaration of casements in Imperial's favor, the County Attomey's Office will work with the Code Enforcement Department and Milano to fomlally dismiss the code enforcement case. Because dismissal of the code enforcement case will make Milano's lawsuit against the County moot, following dismissal of the code enforcLment case, the County Attomcy's Office will work with Milano to dismiss the lawsuit against the eOllnty as there is no longer a live "case or controversy" to justify further revi ew in the courts. c.,; !o,iCJ~1 :23. ~::_!:J9 d13 GROWTH MANAGEMENT IMPACT: None, FISCAL IMPACT: None, LEGAL CONSIDERATIONS: None, -JW RECOMMENDATION: None. PREPARED BY: JeffE. Wright Assistant County Attorney '} 1 ace I tll 1 it-ciT1 t'JO 3!<1 23. 2GC}d .. . r ~ 3 ~J (1 I ~ ~ COLLIER COUNTY BOARD OF COUNTY CC'Mfv'tISS!O!'E:RS Item Number: Item Summary: 1SK1 Report on status of Board direc:tlOn to Initiate corle enforcement proceedings against Milano Recreation Association, Inc, in relation to tllelr refusal to allow reSidents of Imperial Golf Estates to access Liv:ngston Road. as agree,:] to in the PUD rezoning for ROY3.1 Palm Academy PUD. Meeting Date: 4;28/20099:0000 AM Prepared B)' Jeff Wright County Attorney Assistant County Attorney County Attorney Office Date 4/171200911:40:20 AM Approvt'd B~. Jeff Kiatzlww Cour,ty Attorney County Attorney Office Date County Attorney 4/17/20093:52 PM Approved B:r OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 4/21/200911:29 AM Approved By Mark Isackson Budget Analyst Date County Manager's Ofk:e Office of (~anag!iment & Budget 4/21i2009 11 :39 AM Approvt'd Ry Leo E. Ochs, Jr. Board of County Commissioners Deputy County Mam)9N Date COlmty Mcmager's Office 4/21i2009 12:13 PM :tem 1\1::; 1'31<1 t.pril 23, 2009 Pa.:;c-; 4 ':If ~ 3 Agenda Item Nb, 12C June 24, 2008 Page 1 of 49 EXECUTIVE SUMMARY Request that the Board of County Commissioners provide direction to StafT and to the County Attorney, whether to commence a civil lawsuit, or in the alternative, a code enforcement proceeding, against Milano Recreation Association, Inc., for violating PUD Ordinance '.';0. 03-54 (The Royal Palm Academy PUDl, relating to failure and refusal to allow residents of Imperial Golf Estates to construct a road ("Marquis Boulevard") over portions of the Milano subdivision to access LivingstoD Road, contrary to commitments made during the PUD rezoning process. OBJECTIVE: For the Board of County Commissioners to provide direction to Staff and to the County Atlorney. as to whether to commence a civil lawsuit, or in the alternative, a code enforcement action. against Milano Recreation Association, lnc, ("Milano"), for violating PUD Ordinance No. 03-54, The Royal Palm Academy PliD ("PUD"), relating to failure and refusal to allow residents of Imperial Golf Estates to build a road known as "Marquis Boulevard" over portions of the Milano subdivision to access Livingston Road, contrary to commitments made as part of the PUD rczoning process, CONSIDERATIONS: Milano is a platted subdivision within the Royal Palm Academy PljD. The PUD requires an interconnecting road ("Marquis Boulevard") between Imperial Golf Estates and Livingston Road, bisecting the Milano subdivision's preserve areas, Milano Recreation Association, Inc. ("Milano"), which controls the area in question, has refused to allow the construction of the interconnecting road, During the rezoning process, the developer (Milano's predecessor in intcrest) agreed, as a condition of PUD approval, that it would allow construction of Marquis Boulevard by a third party. This was confirmed by a Conceptual Master Plan showing this road as part of the PUD (see PUD Conceptual Master Plan, attached as Exhibit A), The PIJD Ordinance is attached as Exhibit B. The following history of the rezoning process that led to approval of the PUD evidences that the applicant agreed. as a condition of their PUD approval, to allow construction of "Marquis Boulevard": NIM (Aul/ust 15. 2002) At a neighborhood infomlation meeting for the PUD, the attorney for the applicant, Richard Y ovanovich, Esq" stated 10 the interc."tcd public: "There will be also be another access point, which has been rcfcrred to as Marquis Boulevard ' , , . We envision that people from Imperial, at some point when Marquis Boulevard is built, will want to use that as an access point to Livingston Road, instcad of having all traffic go out to U.S. 41. Our site plan provides for and anticipates lhe construction of, . , 60 feel worth of ROW, for the construction Marquis Boulevard, , .' It should be a minimum of 60 feet for thc construction of Marquis Boulevard, , , - ~ i3 ~ o il if' EXHIBIT A -- Item t\!o 16K1 j:\nrii 28, 2009 Paqe 5 oT 18 Agenda Item ,'Jo, 12C June 24, 2008 Page 2 of 49 I don't know if we have any recorded easements here, but we anticipate that, even if we don't, we will be providing it as part of the zoning process. So there should be a minimum of 60 feet for the construction of the roadway for Marquis Boulevard, If the community is gated, it will be gated off of the main rnad. . " [T]here will be no hindrance to the use of Marquis Boulevard hy Imperial, . ,. Imperial has always. , , wanted a back door from the project to Livingston Road. . , :' Rezoniol! Hearinl!s before the EAC. CCPe, aod BeC: Staff Reports: Based on the developer's commitment to allow construction of Marquis Boulevard as a condition of approval. the ,1afT reports for the EAC and ecpc, and the BeC Executive Summary relating to the rezone request contain the foUowing statement: 'The POD also provides a right-of-way easement, . , which would provide access to , . _ Livingston Road for the residents oflmperiaJ Golf Estates:' EAC (July 2, 2003): The EAe minutes reflect that the applicant's engineer "used the master plan to point out, , . access points to Livingston Road," The EAC unanimously recommended approval. CCPC (September 18,2003): Thc minutes of the Planning Commission meeting relating to the PUD clearly show that the applicant agreed to provide acce..s to Imperial residents as a condition of approval ("Access for the residents of Imperial is being provided.") (See excerpts of CCPC minutes, attached as Exhibit C), The ccpe unanimously recommended approval. BCC (September 23, 2111(3): The minutes of the Board of COWlty Conunissioners relating to this POD contain the following (the Bee unanimously approvcd the PUD): "MR. YOY ANOYICI I: , _ , Imperial. . . .They're going to connect to Marquis Boulevard. which is going to be on our site, and go to the east to get to Livingston Road. So that's going to be a secondary access for Imperial for them to get out of their project They're going to have to go through a preserve, so they know they're going to have some mitigation issues. , - .. We have agreed to accommodate the drainage from the roadway through Oor water management system, , , , We will give them whatcve'f [mitigation] credits we have left, and hopefully they will be able to use those in permitting the roadway:' "COMMISSIONER HALAS: Great I'm glad you're good neighbors:' (See excerpts ofBCC minutes, attached as Exhib,t D_) ,..-., The clear and repeated commitment madc by the developer, on the record, to allow construction of Marquis Boulevard, along with the depiction of the road on the Conceptual Master Plan, gave the EAC, CCPC, and BCC no reason to call into question whether or not this commitment would he part of the PlJD. In addition, members of the public had no reason to second guess this clear commitment. i~2m tJo. 1-::1<1 L,Plil 28 20::') Agenda HemKd';21!20f -; 3 June 24, 2008 Page 3 of 49 !\-1r, Y ovanovich has recently confmned, in wnung, that as reprcsentative for the developer, he agreed to allow the construction of Marquis Boulevard as a condition of PUD approval (see Exhibit E, attached), This confirmation leaves no room for doubt as to whether or not this commitment was made a' a condition of the rezoning approval. The PUD: The following PUD provisions demand responsibility on Milano's part to allow Imperial residents to build Marquis Boulevard: Conceptual Mastcr Plan: The approved PLiD's master plan depicts an "existing 60' ROW easement" over the aTea known as "Marquis Boulevard" which would provide access from Imperial Golf Estates to Livingston Road, consistent with the developer's commitment. Section 6,2: This section provides, in part, that "The Developer, his sueeessor or assign, shall follow the PUD Master Plan and . , , any other conditions or modifications as may he agreed to in the rezoning of the property:' Section 6,8.0: This sectiun provides, in part, that "The Dcveloper is not obligated to permit or construct Marquis Boulevard, However, in the event that Marquis Boulevard is constructed by a third party, any excess mitigation credits. , . shall be made available to the third party for use in pcnnitting and constructing Marquis Boulevard. . , ." PRESENT STATUS: The Milano Recreation Association, Inc., as Royal Palm Academy's successor in interest, is the party this is bound by this PUD commitment, under Section 6,2 of the peD, Milano has taken the position that they are not obiigated to allow the construction of Marquis Boulevard. This is inconsistent with the repeated assurances by Milano's predecessor that access to Livingston Road for Imperial residents was being providccl as part of the PUD approval, It should be noted that Milano is involved in a lawsuit with Imperial Golf Estates and several othcr parties concerning (among other things) Imperial's right to access Livingston Road by traveling through the Milano subdivision. One of the central issues in that suit is whether there is an enforceable eascment of record as set forth in the Conceptual Master Plan. The issue we are bringing to the Board diffcrs from this civil suit because the County's concern is that irrespective of whether or not thcre is an enforceable easement, the PUD requires the interconnect FISCAL IMPACT: [f the Board wishes to pursuc a civil lawsuit to enforce this pun commitment, filing fees will be required, as well as potential ongoing cxpenses of litigation. If the Board wishes to pursue an administrative (Codc Enforcement Board) proceeding, there arc no known fiscal impacts beyond standard administrative costs, GROWTH MA.i'i'AGEMENT IMPACT: None, RECOMMENDATION: That the Board of County Conunissioners provide direction as to \vhether to file a lawsuit, or initiRte 8 code enforcement proceedingt against Milano Recreation Association, Inc" for violations of PUD Ordinance No, 03-54 (The Royal Palm Academy I'UD), relating to Milano's failurc and refusal to honor their PUD commitment to allow the construction ofr."1vle.rquis Boulevard," PREPARED BY: JeffE Wright.. Assistant County Attorney This inslrUmcnt was prepared by and after Recording Return to: William j, Dempsey Cheffy Passidomo Wilson & Joh1liOn. LLP 821 Fifth Avenue SoUlh Naples. Flonda 34102 (239) 261-9300 4273598 RECORDED in OllICIAL RECORD I of COLLIER COUNTY. lL 03/19/100! at 11:11AK DWIGHT E. SROCK, CLSRK mIRE DOC-.lD coms It(~m 1'~o_ 1 .3t< 1 ,';pril 28, 20C9 Page 7 of 18 OR: 4436 PG: 2449 86.50 ,70 10,00 Retn: ClfBm PARSIDOKO RT 11 S11 5TR AVE S 1101 NAPLES lL 31tOl [space above line for recording information] DECLARATION OF EASEMENTS C/+);, THIS DECLARA nON has been executed and delivered this ---L- day of _Fe >>rvO"r-{ , 2009, by MILANO RECREATION ASSOCIATION, a Florida non-profit corporation (hereinafter "Milano"), DELASOL HOMEOWNERS ASSOCIATION. INC., a Florida oOD-proflt corporation, (hereinafter "Delasol") (Milano and Delasol hereinafter collectively "Grantors"), for the benefit of IMPERIAL GOLF ESTATES HOMEOWNERS ASSOCIATION, INe.. a florida not-fol'-profrt corporation (hereinafter "Imperial") and MARSILEA VILLAS, LLC, a Florida limited liability compaoy (hereinafter "Marsilea") (Imperial and Marsilea hereinafter collectively referred to as "Grantees"). RECITALS WHEREAS. Imperial is a Florida non-profit corporation that serves the common interests of property owners within the Imperial Golf Estates residential community, as such community is more particularly described on attached Exhibit "A," which is incorporated herein by reference (the "Imperial Property"); and WHEREAS, Marsilea is the fee simple owner of the real property more particularly described on attached Exhibit "B," which is incorporated herein by reference (the "Marsilea Property"); and WHEREAS, Delosol is a Florida non-profit corporation that serves the common interests of property owners within the Delasol residential community, as such' community is more particularly described on attached Exhibit "C," which is incorporated herein by reference (the "Delasol Property"); and WHEREAS, Milano is a Florida non-profit corporation that serves the common interests of property owners within the Milano residential community, as such community is more particularly described on attached Exhibit "D," which is incorporated herein by reference (the "Milano Property") ; and WHEREAS, Grantees and Grantors have entered into a settlement agreement in that certain action styled Imoerial Golf Estates Homeowner's Association. Ine.. and Marsilea Villas. LLC. v. Pulte Home Corporation. et aI, Case No, 07-3906-CA, Colli.r County. Florida (the "Settlement Agreement"), which Settlement Agreement requircs Grantors to confirm and ratify the ingress, egress, and access easement rights of the pubiic) inciuding Grantees, over and across L1at portion of the Grantors' Property more particularly described on attached Exhibit "E," which is incorporated herein by reference (the "Easement Area") for purposes of providing vehicular and pedestrian ingress, egress, and access to and from the Imperial Property and the Marsilea Property, all in accordance with those certain easement f: ~BrT 1 U .1> J ~,:?i'i i\em ;-',10. i:::l'~ " .~,p:-ii 28. 2D:) OR: 44::lb f(j:p~fJJ(bf1 reservations, eKceplions, grants, and dedications (the "Original Easements") described in the instruments identified in attached Exhibit "F," which is incorporated herein by reference, WITNESSETH: That Grantors, for and in consideration of the sum often dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby agrees as follows: 1. That the hereinabove recitals are true and correct and incorporated into this Agreement by reference. 2. That Grantors hereby agrees and acknow ledges that the Grantees and their respective successors and assigns, hold a perpetual, non-eKclusive easement to enter upon, over, and across the Easement Area for the purpose pennitting Grantees' employees, agents, invitees or licensees to have vehicular and pedestrian access, ingress, and egress to and from Marsilea Property and the Imperial Property and tbe Livingston Road right-of-way, including the construction, maintenance, and replacement from time to time of related roadway improvements and utilities over, across, and within the Easement Area; provided, however, that the ingress, egress, and access easement rights granted with respect to the Imperial Property herew>der are limited to the owners of lots within the Imperial Property and do not extend to their guests, invitees, agents, vendors, and other commercial service providers. Grantors further acknowledges, affinns, and ratifies that: a. the obligations, rights, privileges, and benefits created by the Original Easements are still legally effective and appurtenant to the Imperial Property and the Marsilea Property. b. the Original Easements are binding on the Delasol Property and the Milano Property, as well as Milano, Delasol, and their respective successors andlor assigns; and c, the Original Easements inure to the benefit of the Imperial Property, the Marsilea Property, and the Grantees and their respective successors andlor assigns (including the members and shareholders of Imperial and eKisting property owners within the Imperial Property, and the successor property owners aild members of the successor home owner's association to Marsilea), 3, Marsilea and Imperial shall be jointly and severally liable for Seventy percent (70%) of the cost of maintaining that portion of the Easement Area which, as of the Effective Date, comprises the portion of Tract R, Milano, per the Plat thereof recorded in Plat Book 41, Page 69, ofthe CoWer County Public Records, Milano shall be liable for Thirty percent (30%) of the costs of maintaining that portion of the Easement Area which, as of the Effective Date, comprises the portion of Tract R, Milano, per the Plat tbereofrecorded in Plat Book 41, Page 69, of the Collier County Public Records, By tbe foregoing, the parties intend to provide for the equitable division of maintenance costs, based on relative traffic loads, for that portion of Milano Tract R that is currently improved with roadway surface and will be rommonly utilized by Milano, MarsUea, and Imperial. Either Milano, Marsilea, or Imperial may commission a traffic study for the purposes of determining the actual use by the respective communities and agree to reapportion their respective maintenance obligations in accordance witb those findings. Milano, Marsilea, or Imperial agree to share tbe costs of said traffic study in accordance with their then respective maintenance obligations as defined herein. 4, The rights and obligations created herein are intended to affirm, ratify, preserve, and restate the easement rights and obligations contained in tbe Original Easements so tbat such rights and obligations run with the Delasol Property, the Milano Property, the Imperial Property, and the Marsilea Property, and bind and inure to the benefit of Delasol, Milano, Imperial, ~1ersile:l, and th~tr respectIve suc::essors end/or assigns. 2 !teem roo 16K1 ~p:ji 28, 2J09 ?a289 -:)f ~: 3 OR: 4436 PG: 2451 TO HAVE AND TO HOLD the same unto the Grantees and their successors and/or assigns, together with the right to enter upon, over, and across the Easement Area for the purposes slated herein. IN WITNESS WHEREOF, the parties have these presents to be executed the date and year first above written. WITNESSES: ;Jt ~J Wi~~: ~ Printed Name ""\) y~ o ~r- DELASOL HOMEOWNERS ASSOCIATION, lNe., a Florida no....profit corporatioll By: ~~d~~4 i?t~:: e:....::: . c... C,,__ d~i'~~ MeVte. :r. -1AAM t2.4/L Printed Name I State of fL ) County of tAl \ I.' <L. ) The fore&..~ing i~strument was acknowledged before JU,e this q+\" day of Jj:: i? . 2009, by J<:l"'4J C,^$o-{" , as Vrll'J,,~~ of DELASOo/ HOMEOWNERS ASSOCIATION. INC., a Florida non-profit corporation, who is (check one): ~ personally known to me, or _ produced as identification. I am a commissioned notary public of the State of expires on pL and my commission (Affix notarial seal) ~:- MARK B. ADAMCZYK "'~ MYCOMMJSSlON'DD4a", ,>~:.;.r EXPIREs, l<dy ff1, 2009 ~]~AR'" fLHCMIyDlJcw.llAlue.Dl, 3 ",C :~'jrn ~'~o.ICf\1 ;pi'il 28. .2UJ9 Pa;;s ~I'~ :;f ~3 OR: 4436 PG: 2452 WITNESSES: O)~ W~essNo.) :-Ik~ ,~L Printed Name 1----1b- $ \e C-, MILANO RECREATION ASSOCIATION, INC., a F10rida n -p fit oration 1rt'~~ ~~~4A--- 'is e~~o.f. ,!r.Mtt-.l!'- Printed Name 0 State of fl.. ) County of C. \~ \'~ ) The foregOi!:} j~rument was acknowledged befo~e this 1f11 day of FEf7 , 2009, by ,9,"''';-,,,, , as <>>~Jt..,Y- of MILANO/, RECREATION ASSOCIATION, INC., a Florida DOD-prolit corporatioD, who is (check one): ~ personally known to me, or __ produced as identification, I am a commissioned notary public of the State of expires on r-c- and my commission ~'-~ Notary Public My Commissi Expires: -." (Affix notarial seal) ~"> Mill E. ADAMCZYK ~;. t.f'{ COMMISSION' tm441S9) ~ I!XPIIU!S,....,..... 1..:'J.N:nMT Fl. ...,.............. eo. 4 it81Tl rJo. 16,<1 A;Jti! 28, 2JDD '11 of 13 OR: 4436 PG: 2453 EXHIDIT"A" Imperial Property Legal Description Imperial Golf Estates, Phase I, according to the plat thereof in Plat Book 12, Pages 61-64, Public Records of Collier County, Florida; , Imperial Golf Estates, Phase II, according to the plat thereof in Plat Book 12, Pages I ]2-115, Public Records of Collier County, Florida; Imperial Golf Estates, Phase Ill, according to the plat thereof in Plat Book 13, Pages 52-54, Public Records of Collier County, Florida; Imperial Golf Estates, Phase IV, according to the plat thereof in Plat Book 13, Pages 104.106, Public Records of Collier County, Florida; and Imperial Golf Estates, Phase V, according to the plat thereof in Plat Book 16, Pages 69-70, Public Records of Collier County, Florida. 5 ..-3 :t':::n-i ~0~), E;r:;'j i\prii 28, 2ClU'~l OR: 4436 PGt1~54 of 3 EXHIBIT "B" Mandie. Property Legal Descriptioll The West 'I, of the Southwest 'I. of the Northeast If. of the Southwest ';' of Section 13, Township 48 South, Range 25 East, Collier County, Florida; and The East Y, of the Southwest If. of the Northeast Yo of the Southwest Y. of Section 13, Township 48 South, Range 2S East, Collier County, Florida, 6 lIen: ;-Jo. i6K1 t',Di-ii ~.s. 2C<j~) Pa::-i8 13~-f ~: 8 OR: 4436 PG: 2455 EXHIBIT "e" Delasol Property Legal Description Delasol, Phase One, a subdivision, according to the Plat thereof recorded in Plat Book 40, Page 22, of the Public Records of Collier County, Florida. Delasol, Phase Two, a subdivision, according to the Plat thereof recorded in Plat Book 41, Page 51, of the Public Records of Collier County, Florid!l. Delasol, Phase Three, a subdivision, according to the Plat thereof recorded in Plat Book 42, Page 56, of the Public Records of CoIlier County, Florida. 7 :t~-::n"i t'JO. ijl<1 28.2'],;9 OR: 4436 PG: c24St;f ", EXHIHBIT UD" Milano Legal Description Milano, a subdivision, per the Plat thereof recorded in Plat Book 41, Page 69, of the Public Records of Collier County, Florida, 8 item i'~o_ il3K1 !\pril 28, 2J'J9 OR: 4436 PG: 245'7'501'3 EXHIBIT "En Easement Area Legal Description Tract E-I, Delasol Phase One, per the plat thereof recorded in Plat Book 40, Page 22, Public Records of Collier County, Florida; and. ... -. Tract B-2, Delasol Phase Two, per the Plat thereof recorded in Plat Book 41, Page 51, of the Public Records of Collier County, Florida. · Tract R and Tract P.3B, Mihmo, according to the Plat thereof recorded in Plat Book 41, Page 69, of the Public Records of Collier County, Florida. · The Northern thirty feet (30') of Tracts E-l and E-I may be used for roadway, ingress, egress, and access purposes; and the Southern thirty feet (3D') of Tracts E-l and E-2 may be used for drainage, utility and other purposes that do not include the construction of vehicular roadway surfacing. 9 'l~~rn ~\io_ 1 :~;K 1 /\lxil =8, 2C:09 *** OR: 4436 PG: 215816*~i3 EXHmIT "F" Original Easements Tbose certai. reservations, exceptions, grants, declarations, and dedications Df easements contained in tbe following instruments, all recorded in tbe Pnbllc RecDrds Df Collier County, Florida, as said _menta I!1llf hnve. been nlferenced from time to time in various instruments rerorded In the Collier County Publie Reeord.: ~' , -. - - - - " - . -~ Deed recorded in Official Records Book 224, Page 402; Deed recorded in Official Records Book 232, Page 300; Deed recorded in Official Records Book 232, Page 306; Deed recorded in Official Records Book 232, Page 312; Deed recorded in Official Records Book 256, Page 294; DeW recorded in Official Records Book 270, Page 37; Road Right-of-way, Drainage, and Utility Easement recorded in Official Records Book 4130, Page 3479; Road Right-of-way. Drainage, and Utility Easement recorded in Official Records Book 4130, Page 3480. 10 -( . Item r\jo. 16K'1 4p,-il 28, 2009 ?a;12 17 d 18 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA ~-~-~~---~~- ---- --~--~-=,---', 'eMrrA--<7l'10N---"=---~-~~-'- IMPERIAL GOLF.ESTATES HOME OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, and MARSILEA VILLAS, LLC, a Florida limited liability company, ('"'-::'(\ ,i,.~:- , "-;\...r'''-J'~ t-i .~:;:.:' Plain tiffs, Case No. 07-3906-CA vs. PULTE HOME CORPORATION, a Michigan corporation, MILANO RECREATION ASSOCIATION, INC., a Florida not-for-profit corporation, DELASOL HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a political subdivision ofthe State of Florida, RACEBROOK, INC., a Connecticut not-for-profit corporation, and CENTEXHOMES, a Nevada general partnership, Defendants. ORDER OF DISMISSAL TIris cause having come on to be heard on the foregoing joint motion and stipulation for dismissal and this Court having reviewed the file in this matter and being otherwise duly advised in the premises, it is ORDERED AND ADJUDGED that all claims are hereby dismissed with prejudice, ll11d it is FURTHER ORDERED AND ADJUDGED that all parties are to bear their own costs and attorneys' fees, Ei <p Iii ~ ~ il l, EXHIBIT <;'1:~~1'~) ,Jol!.3l-~1 1128,2('d 1:: :;f ~ ::; DONE AND ORDERED in chambers this L day of flrLL ,2009, -- .~_.._._---^-_._-- - --." -~" -, ~ .----- -._- -.- Is! VINCE MURPHY The Honorable Vince Murphy Acting Circuit Court Judge Copies furnished to: John C. Clough, Esquire Christopher Marsala, Esquire Mark Adamczk, Esquire 2