Buena Vida Retirement Home
TO:
FROM:
DATE:
RE:
Memorandum
Minutes & Records Management
Sue Zimmerman
Property Acquisition Specialist
Real Estate Services
October 19, 2006
BUENA VIDA LIFT STATIONS
Agenda Item 16C17, July 25, 2006
Please find enclosed one (1) original recorded Access Easement and (1) original Utility
Easement for a total of two documents for the above referenced project.
Please contact me if you have any questions or comments at Extension 2622.
Thank you.
Prepared by:
Ellen T. Chadwell. Esquire
Office of the County Attorney
3301 East TaMi~i Trail
Naples, Florida 34112
( 941) 714-8400
3894955 OR: 4097 PG: 3601
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
08/31/2006 at 12:35PM DiIGHT B, BROCK, CLBRK
CONS 3645,00
RBC FBB 27.00
DOC-,70 25.90
COPIBS 3,00
PROJECT: Buena Vida Retirement Home
FOLIO: 55100160002
Retn:
RBAL BSTATB SBRVICBS
INTBROFFICB
ATTN: S ZIMMBRMAN
UTILITY EASEMENT
THIS EASEMENT, made and entered into this 1-#.day of YJ{)VemW- ,2005, by
CITATION MORTGAGE VIII LIMITED PARTNERSHIP, an Oregon Limited Partnership, by its
undersigned General Partner, whose mailing address is P. O. Box 14111, Salem, OR 97309-
5026, 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, 3301 East
Tamiami Trail, Naples, Florida 34112, its successors and assigns, as 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, its successors
and assigns, a perpetual, non-exclusive easement, license, and privilege for utility purposes,
including but not limited to lift station, underground pipe lines and maintenance, over, under,
upon and across 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, sewer
lines and pipes, service and lift stations, and other equipment or improvements appurtenant
thereto or thereunder for the purpose of constructing, operating, and maintaining utility facilities
thereon. Grantor and Grantee are used for singular or plural, as the context requires. The
easement granted herein shall constitute easements running with the land and shall burden the
lands described above.
Grantor reserves and excepts unto itself and its successors and assigns, all rights
accruing from its ownership of the real property described in Exhibit "An against which
this easement is being granted, including the right to engage in or permit or invite others
to engage in all uses of the same real property that are not inconsistent with the
purpose of the easement being granted herein or hinder the use of the easement being
granted herein.
The Grantee shall maintain the easement described herein in a good state of repair at
the sole cost and expense of Grantee, its successors and assigns.
Grantee hereby agrees that it will indemnify and hold harmless Grantor from any claim
brought or made for or on account of any injuries or damages received or sustained by
any person or persons or property, arising out of, or occasioned by, the negligence of
Grantee in connection with use of the easement described herein and/or any permitted
equipment or improvements owned by Grantee within the easement granted herein.
Grantee shall promptly repair at its expense any damage to the easement or any other
property not owned by Grantee, caused by Grantee exercising its rights under this
easement. In the event that Grantee causes damage to the easement or any other
property, real or personal, not owned by Grantee in the exercise of the privilege granted
herein, Grantee agrees to restore the easement or property so damaged to its original
condition at Grantee's expense. Maintenance of the easement and permitted
equipment or improvements located herein shall be performed in a manner that is
minimally intrusive to Grantor's business, property and improvements. Notwithstanding
THIS CONVEYANCE ACCEPTED IY THE
100RD OF COUNTy COMMISSIONERS
COlLIER COUNTy, FLORIDA, ·
PURSUANT ~ ~"DA
DATED: 7 lol'TEM NO./I, C I?
OR: 4097 PG: 3602
anything contained herein, Grantor shall have no liability for maintenance or repair of
any permitted equipment or improvements.
Should Grantee ever completely remove its permitted equipment and all improvements
from the easement for a period of 6 months, the easement shall be deemed abandoned
and this agreement shall be deemed terminated without the necessity of any further
action by Grantor or Grantee or recording of any additional document in the public
records of Collier County, Florida.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
~\r< ~k-
Witness (Signature)
Name: LltL~\~ZKU6l
(Print)
~Qk:~ \.(J Y30vp
Witness (Signature)
Name: 12oh'I K. 6)IIJcl
(Print)
Citation Mortgage VIII Limited Partnership,
an Oregon Limited Partnership
By: Cla~sic Retirement Corporation,
a F reign Corporation
, Ge eral artner
Name~WiLlutlV1 C &J/btlY\-
(Print or Type)
Address: P.O. Box 14111
Salem, OR 97309-5026
STATEOF~
COUNTY OF . tJY\
The foregoing Utility Easement 'f'as acknowledged before me this:{t-IJ day
of ('v{(/vY'VYx'V"', 2005, by (name) LV) L{,utm ~ C<J!6flU ,PresidentAA6e
President, Classic Retirement Corporation, a Foreign Corporation, as General Partner,
on behalf of Citatio ortgage VIII Limited Partnership, an Oregon Limited Partnership,
who i personally kn n to me or who has produced as
identifica Ion.
OFFICIAL SEAL
SUZANNE J MAGEE
NOTARY PUBLIC . OREGON
COMMISSION NO. 393644
MY COMMISSION EXPIRES JULY 31, 2009
(Affix notarial seal)
AWCLtt V ()J:~'
/ Ass1stlftt County Attorney
Ellen T. Chl4wlll
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POINT OF COMMENCMENT
SOUTHEAST CORNER
SEC. 19, TWP. 50 S, RGE. 26
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BUENA VIDA REMEMENT HOME INC.
O.R. BOGK 2034
PAGE }~49
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PREPARED FOR: COLLIER CO WTY REAL ESTATE SERVICES
FOR THE BENEAT OF: COLLIER COUNTY REAL ESTATE SERVICES
CITAnON MORTGAGE VIII LIMITED PARTNERSHIP
O.R. BOOK 1079
PAGE 1335
WilsonMiller
Reg. Engineers and Land Surveyors
3200 Bailey Lane, Suite 200, (239) 263-6408
~~k
Andrew B. Beck, Professional Surveyor and Mapper I 6065
CERTIFICATE OF AUTHORIZATION # LB-4J
~?ifa?3
Dote
Not valid without the signature and the original
raised seal of a Rorida licensed surveyor and mapper.
ABSTRACT NOT REVIEWED.
GENERAL NOTES:
· Bearings are based on the North line of U.S. - 41 (Tamiami Tral1)
being North 39'06'20. West.
* Dimensions are in feet and decimals thereof.
* ABBREVIA nONS
P.O.C. = Point of Commencement
P.O.8. = Point of Beginning
R/W = Right-of-Way, CL = Centerline
U.E = Utility Easement
~ = PARCEL DESCRIBED
OR. = OFFICIAL RECORD
F.P.&L. = FLORIDA POWER AND LIGHT
REVISED 4-01-05 ~ ADDED TO CERTlRCA770N
REVISED 6-18-04 ~ CORRECTED TYPO s *** NOT A SURVEY ***
PROJECT NO.: PARCEl NO. : CUENT:
Wil.Miller.-'~~
PlIImIn . ~ . E<:oIoQID . an.y,n . LII1CB:lrpe Arr:MJcfa . T~fb1 CaIdBlIIlI
~, itc.
,.. , Fa1 ~ ' BnIllII ' lhdinbl . r.
-BIIty Ln, M 2IXJ' ,.,. FbtiI3G-I!f17' /'IrJle NHfNO<<J, F'II1H4H1I6 ' IlifI-liII _........-
TITLE:
DATE:
07/03
*** OR: 4097 PG: 3603 ***
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GRAPHIC SCALE
100
PROPOSED LIFT STATION EASEMENT( 45'x60')
DESCRIPTION OF A PORTION OF TRACT "J" LELY GOLF
ESTATES, ST. ANDREWS WEST, AS RECORDED IN PLAT
BOOK 10, PAGE 93. PUBLIC RECORDS COLLIER
COUNTY, FLORIDA. A PART OF SECTION 19. TOWNSHIP
50 SOUTH, RANGE 26 EAST, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCING AT THE SOUTHEAST CORNER OF SAID
SECTION 19; THENCE ALONG THE EAST LINE OF SAID
SECTION 19, NORTH 02'44'35" EAST 485.93 FEET;
THENCE LEAVING SAID SECTION LINE NORTH
58.29'44" WEST 580.78 FEET;
THENCE SOUTH 50'53'40" WEST 111.66 FEET;
THENCE NORTH 39.06'20" WEST 7.76 FEET TO THE
POINT OF BEGINNING;
THENCE NORTH 55.01'40" WEST 60.00 FEET;
THENCE NORTH 35'09'45" EAST 45.00 FEET;
THENCE SOUTH 55'01 '40" EAST 60.00 FEET;
THENCE SOUTH 35'09'45" WEST 45.00 FEET; TO THE
POINT OF BEGINNING;
CONTAINING 0.062 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
COLUER COUNTY REAL ESTATE SERVICES
SKETCH AND DESCRIPTION
PROPOSED LIFT STA TION EASEMENT
FILE NO.:
1C-.J1
PROJECT: Buena Vida Retirement Home
FOLIO: 55100160002
Prepared by:
Ellen T. Chadwell. Esquire
Office of the County Attorney
3301 East T~i~i Trail
Naples, Florida 34112
(941) 774-8400
3894956 OR: 4097 PG: 3604
RBCORDBD in OFFICIAL RBCORDS of COLLIER COUNTY, FL
08/31/2006 at 12:35PM DWIGHT E, BROCK, CLERK
CONS 3234.00
REC FEB 27.00
DOC-,10 23,10
COPIBS 3,00
Retn:
RBAL BSTATE SBRVICBS
INTEROFFICB
ATTN: S ZIMMERMAN
ACCESS EASEMENT
THIS EASEMENT, made and entered into this '7'*' day of November' ,
2005, by CITATION MORTGAGE VIII LIMITED PARTNERSHIP, an Oregon Limited
Partnership, by its undersigned General Partner whose mailing address is P.O. Box
14111, Salem, OR 97309-5026, 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 mailing address is 3301
Tamiami Trail East, Naples, Florida 34112, its successors and assigns, as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective heirs, legal representatives, successors and 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, license, and privilege for ingress/egress
access to existing utility facilities 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, for the purpose of constructing, operating and maintaining utility
facilities within that certain Utility Easement of even date herewith from Grantor to
Grantee. Grantor and Grantee are used for singular or plural, as the context requires.
The easement granted herein shall constitute easements running with the land and
shall burden the lands described above.
Grantor reserves and excepts unto itself and its successors and assigns, all rights
accruing from its ownership of the real property described in Exhibit "An against which
this easement is being granted, including the right to engage in or permit or invite others
to engage in all uses of the same real property that are not inconsistent with the
purpose of the easement being granted herein or hinder the use of the easement being
granted herein.
The Grantee shall maintain the easement described herein in a good state of repair at
the sole cost and expense of Grantee, its successors and assigns.
Grantee hereby agrees that it will indemnify and hold harmless Grantor from any claim
brought or made for or on account of any injuries or damages received or sustained by
any person or persons or property, arising out of, or occasioned by, the negligence of
Grantee in connection with use of the easement described herein and/or any permitted
equipment or improvements owned by Grantee within the easement granted herein.
Grantee shall promptly repair at its expense any damage to the easement or any other
property not owned by Grantee, caused by Grantee exercising its rights under this
easement. In the event that Grantee causes damage to the easement or any other
property, real or personal, not owned by Grantee in the exercise of the privilege granted
herein, Grantee agrees to restore the easement or property so damaged to its original
condition at Grantee's expense. Maintenance of the easement and permitted
THIS CONVEYANCE ACCEPTED IV THE
BOARD OF COUNTY COMMISSI__.
COllIER COUNTY, FLORIDA.
PURSUANT,!O_~"DA
DATED: ~ mM ttO.Jen.C./7
OR: 4097 PG: 3605
equipment or improvements located herein shall be performed in a manner that is
minimally intrusive to Grantor's business, property and improvements. Notwithstanding
anything contained herein, Grantor shall have no liability for maintenance or repair of
any permitted equipment or improvements.
Should Grantee ever completely remove its permitted equipment and all improvements
from the easement for a period of 6 months, the easement shall be deemed abandoned
and this agreement shall be deemed terminated without the necessity of any further
action by Grantor or Grantee or recording of any additional document in the public
records of Collier County, Florida.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
~~Q~
Witness (Signature)
Name: UiJ\ e. ~CDY
(Print)
i)~ ~ ~11J
Witness (Signature)
Name: P-Ob. r1 (2. f::o ~ d
(Print)
Citation Mortgage VIII Limited Partnership,
an Oregon Limited Partnership
By: Classic Retirement Corporation,
a, Frreign Corporation, tJJ
~e erttrtner ,
By:Il j 1'- ~ .-
Pre~ident/Vioo rrc~idel rt
-
Name: CUI Lt1 tijtY\ t. CJltxrVL-
(Print or Type)
Address: P.O. Box 14111
Salem, OR 97309-5026
STATE OF Wr'
COUNTY OF IJY\
i)The foregoing Access Easement "lap acknowledge,d before me this .:::J+h
day of U/ttrY1h[~ 2005, by (name) .LVI LMa,m ~ CAJ JSI/VL , PresidentALiee
Pfe~idellt, Classic Retirement Corporation, a Foreign Corporation, as General Partner,
on behalf otCi ,~,.. ortgage VIII Limited Partnership, an Oregon Limited Partnership,
who is rsonally know to me or who has produced as
identifica
OFFICIAL SEAL
; SUZANNE J MAGEE
./ NOTARY PUBLIC - OREGON
.. COMMISSION NO. 393644
MY COMMISSION EXPIRES JULY 31. 2001
(Affix notarial seal)
~Kte fOMl a ~ sufffclttleJ
V C d' /1/l..t- ~
Assistant County Attornel
tl'.n T. Chldwtl1
POINT OF
TERMINATION~
*** OR: 4097 PG: 3606 ***
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N
SCALE 1 "= 100'
~
o 25 50 100 200
GRAPHIC SCALE
PARCEL "A"
:1-'"
<{s
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2
LELY GOLF ESTATES
ST. ANDREWS WEST
PLAT BOOK 10, PAGE 93,
(TRACT "J")
BUENA VIDA RETIREMENT
INC.
O.R. BOOK 2034
PAGE 1649
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O.R. BOOK 1079
PAGE 1335
GENERAL NOTES:
# Bearings are based on the North line of U.S. 41 (Tamiami Trait)
being North 39'06'20. West.
# Dimensions are in feet and decimals thereof.
* ABBRfVlA TlONS
P.O.C. = Point of Commencement
P.O.B. = Point of Beginning
R/W = Right-of-Way, CL = Centerline
U.f. = Utility Easement
~ = PARCEL DESCRIBED
OR. = OFFICIAL RECORD
F.P.JtL. = FLORIDA POWER AND LIGHT
CENTER LINE OF PROPOSED 15' WIDE ACCESS
EASEMENT
PREPARED FOR: COLLIER COUNTY REAL ESTATE SERVICES
FOR THE BENERT OF.' COLLIER COUNTY REAL ESTA TE SERVICES
CITATION MORTGAGE VIII LIMITED PARTNERSHIP
DESCRIPTION OF A PORTION OF TRACT "J" LEL Y GOLF
ESTATES, ST. ANDREWS WEST, AS RECORDED IN PLAT
BOOK 10, PAGE 93, PUBLIC RECORDS COLLIER
COUNTY, FLORIDA, A PART OF SECTION 19, TOWNSHIP
50 SOUTH, RANGE 26 EAST. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
WilsonMiJler
Reg. Engineers and Land Surveyors
3200 Bailey Lane, Suite 200, (239) 263-6408
:~4J
Andrew B. Beck, Professional Surveyor fJtJd Mapper I 6065
CERTIFICATE OF AUTHORIZATION # L~?4J
Not valid without the signature and Jf1~ original
raised seal of a Rorida licensed .,St1Tveyor and mapper.
COMMENCING AT THE SOUTHEAST CORNER OF SAID
SECTION 19; THENCE ALONG THE EAST LINE OF SAID
SECTION 19, NORTH 02'44'35" EAST 485.93 FEET;
THENCE LEAVING SAID SECTION LINE NORTH 58'29'44"
WEST 580.78 FEET; THENCE SOUTH 50'53'40" WEST
111.66 FEET; THENCE NORTH 39'06'20" WEST 7.76
FEET; THENCE NORTH 55'01'40" WEST 46.72 FEET; TO
THE CENTERLINE OF THE PROPOSED 15 FOOT ACCESS
EASEMENT AND THE POINT OF BEGINNING; THENCE
~ 'h ALONG THE CENTERLINE OF SAID ACCESS EASEMENT
~? t w ~ THE FOLLOWING (4) COURSES AND DISTANCES;
/ SOUTH 89'50'34" WEST 30.03 FEET;
Date NORTH 77'46'43" WEST 27.53 FEET;
NORTH 64'01'48" WEST 19.59 FEET;
NORTH 34'11'28" WEST 402.44 FEET TO THE A POINT
OF TERMINATION ON THE SOUTHEAST LINE OF ST.
ANDREWS BOULEVARD;
CONTAINING 0.165 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
ABSTRACT NOT REVIEWED.
REVISED 4-01-05 '" ADDED TO CERTlRCATlON
REVISED 6-18-04 '" CORRECTED TYPO_s
PROJECT ~O.: PARCEl ~O. :
*** NOT A SURVEY ***
cuEt(T:
Wil.."ille'.-'~-
PlImln ' sv-. . ~ . Ibwjo<n . ~.4n:HIrJcb . Tntnllprilllcn CcnI.fIllllll
WI8on.Wer; he.
'*'*' . faj ltn . IIndI . ItIdIrDI ' T.
mI_~ IUf 200 ' ~ AriIo MJH!11l. ,.,.". 1HfND4O' Fu HH4H7If -1IlIHIt -*nnIIr._
COLLIER COUNTY REAL ESTATE SERVICES
Tffi.[.
SKETCH AND DESCRIPTION
PROPOSED 15' WIDE ACCESS EASEMENT
DATE:
07/03
PROJECT NO.:
NB235-003-0 13
fiLE NO.:
lC-Jl