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Parcel D-45 Memorandum TO: Minutes & Records Management FROM: Marlene J. McLaughlin Property Acquisition Specialist Real Estate Services DATE: April 30, 2007 RE: Henderson Creek Park Water Main Project (Public Utilities - Water Department Project No. 710101) PARCEL NO.: 0-45 Please find attached one (1) original recorded Right of Entry for the above referenced project. The Board of County Commissioners of Collier County, Florida approved the purchase on September 23, 2007, item number 16(C)(1). Please contact me if you have any questions or comments at Extension 8922. Thank you. Prepared By: Jennifer A. Belpedlo, Esquire Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 KNOW ALL MEN BY THESE PRESENTS that ROSE M. BRIGGS, Gt51~f' I" 'fTnOn ' whose mailing address is 42 Henderson Drive, Naples, Florida 34114-823 ,and DEBRA ~ e E! ~ d -~~~ BEHRENS, Cll1'lClrY', e 'l1:mJ~whose mailing address is 42 Henderson Drive, Naples, ~ ::: _ .. o_~ Florida 34114-8232, hereinafter known as "Grantor," for and in consideration of Ten Dollars :: _;:! ~ ..... ($10.00) and other valuable consideration to Grantor in hand paid, does hereby grant unto the ~ ::: :: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE ~ ;;i ~~ GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING :;; '" BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its agents, contractors or g: assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter known as "Grantee," the temporary license and right to enter upon the lands of the Grantor to excavate and place or remove materials, including, but not limited to. water lines and pipes, and other equipment, utilities or improvements appurtenant thereto for the purpose of constructing, replacing, rehabilitating and testing utility facilities on the following described property: Project: Henderson Creek, No. 710101 Parcel No.: D-45 Folio No.: 49581760008 RIGHT OF ENTRY See attached Exhibit "A" which is incorporated herein by reference This is not Homestead Property ALL RIGHT AND PRIVILEGE herein granted shall remain in full force and effect for two (2) years from date accepted by the Board of County Commissioners. ADDITIONALLY, the rights and interest granted hereunder are conditioned upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use of the aforementioned lands, and agrees to provide Grantor with advance notice when exercising its rights hereunder. At the conclusion of construction, replacement and testing activities, Grantee shall restore the surface of the lands to the condition existing prior to the commencement of construction, replacement and testing. By execution of this instrument, Grantor agrees that any and all utility infrastructure constructed on the property hereinabove referenced, with the exception of the water meter and any pipelines connecting said meter with Grantee's water distribution mains, shall become the property of Grantor, and all future maintenance and repair will be the responsibility of Grantor. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed this .2<tt1JJ day of R~f2.(.JA '7" ,2007. o C4-L- \11 &7/V(~' r/ ROSE M. BRIGGS . J ' ~ yN Tl' /II' Witn~Signature) Nam tJ.S /l) (Print or Type) ~ ,r1h.r~ Witn~ss (Signature) Name: ~....,_ fT.For-c (print'or Type) THIS CONYnANCE ACCEPTED IY THE ~~rr ~ CClMMISSrMIlS. PUISUAIn" -~., FLORIDA. TO !ItA. OATlDr ,-.;;e. ITEM NO. //'&:./ STATE OF -.BDlldCl COUNTY OF ~ _ The foregoing Right of Entry was acknowledged before me this ~ day of \--eon )~_, 2007 by Rose M. Briggs, who is personally known to me or who has produced flI \)L ~[l, 73 7-11," 3:'.;3- () as identification. WITNESS my hand and official seal this ~ay of YDn rtT1j , 2007. (affiX notarial seal) ~A-~J (),.~ ~TY1./r1l.CJl-11;(a/J1. ) (5ignatl!re MNotary bl.i\:) ;) ut'T1 m ~lm(VJc.rf'r1(JJ) (Print Name of Notary Public) NOTARY P!JBUc.STATE OF FLORIDA NOTARY PUBLIC ~sue Jim Zimmennan Serial/Commission #:(if any) COD;1mission #DD44800S My Commission Expires: IIv d d II ExpIres:. JULY 06, 2009 II '" II U AU<tntIc Bonding Co., Inc. 1 -yY\ ~ ~... _n _0 -~ ~'=' -- ~'=' g__ ..a::::. ~ ~ c:::> .. .... c:::> 1M> g- ..a::::. o -.J ~~OC> 0'" cr. =~ C) ~t:"'" ::t:' 8:: .. ""n .....~ ..a::::. ~~ r-...:> ""., ....... ~~(JI o nn !'" g '""d n:::: G"') t:"'" _ 4o4o ...~ ~ ~nl'J :a....... :'!;I'J ,- I'J ... ~ n~ 0... ~n ~ ...... ~... ... ~ ~~ ~~ ~~ OR: 4215 PG: 2123 U~ L. B...;;6~ Witness (Signat0re) Name: k..Je.",d~ A. Pe. f e. \r 5 ~ (Print or ype) I nal )CilJn#ML Witness (Signature) Name: ~g~ DEBRA BEHRENS (Print or Type) STATE OF rY'rI...Utr...C0A-t-0 COUNTY O~-UL-\€N nf The foregoing Right of Entry was acknowledged before me this JL day of P'rP~ L., , 2007 by Debra Behrens, who is personally known to me or who has produced DILl ve1L-l;. Uc:eN&€ as identification. WITNESS my hand and official seal this ; JT1I""day of f\-f'iU L. ,2007. :.1 fS:\o~{JJUQ~- (Sigpature f Notary Public)~ , ' '=>T-ePiM-A)1.E 1-le,..,JLe;y (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) My Commission Expires: 04 / 0 ':3.}2...P 17 (affix notarial seal) J Approved as to torm 6. legal sufficiency a~~~~~ 2 *** OR: 4215 PG: 2124 *** Project: Henderson Creek - 710101 Parcel No.: 0-45 Folio No.: 49581760008 EXHIBIT "A" Lot 45, Block "H", HENDERSON CREEK PARK, First Addition, according to the plat thereof, as recorded in Plat Book 8, at Page 41, of the Public Records of Collier County, Florida.