Agenda 07/25/2023 Item #16K 3 (To facilitate the widening of Goodlette-Frank Road)16. K.3
07/25/2023
EXECUTIVE SUMMARY
Recommendation that the Board 1) accept a Quit Claim Deed from Pelican Marsh Community
Development District (PMCDD) assuming ownership and maintenance of two bridges carrying
Goodlette Frank Road over the Pelican Marsh community; 2) grant an easement to PMCDD and
authorize the Chairman to execute the easement instrument, allowing continued access and
maintenance underneath the Goodlette-Frank Road bridge along Pelican Marsh Blvd.; and 3)
approve and authorize the Chairman to sign a Collier County Landscape Maintenance Agreement
between Collier County and PMCDD, for landscape and irrigation improvements within Goodlette
Frank right-of-way at Pelican Marsh.
OBJECTIVE: To facilitate the widening of Goodlette-Frank Road.
CONSIDERATIONS: The County plans to improve a segment of Goodlette-Frank Road from Vanderbilt Beach
Road to Immokalee Road, including expansion of the current two-lane facility to four lanes, impacting the two
bridges along Goodlette-Frank Road over the Pelican Marsh community, as identified in Exhibit A. The Developer
of Pelican Marsh, Westinghouse Communities of Naples, Inc. (WCI), completed construction of the two Goodlette-
Frank Road bridges as part of a developer commitment in the Pelican Marsh PUD in the early nineties. WCI is no
longer in business and no formal conveyance of the bridges was ever made to the County or to Pelican Marsh.
Pelican Marsh does not own the bridges, nor have they ever maintained them. The bridges are located entirely
along County -owned right of way and the County now wishes to formalize its ownership of the bridges and
alleviate any doubt as to ownership in order to comply with FDOT requirements. The PMCDD, as the governing
entity of Pelican Marsh, has provided the County with a Quit Claim Deed for the bridges to remove any doubt as to
the ownership of the bridges and clear any potential title issues. Staff is therefore recommending that the Board
accept and assume ownership and maintenance obligations for the Goodlette-Frank bridges and accept the Quit
Claim Deed from the PMCDD.
PMCDD has been using and maintaining Pelican Marsh Blvd. for many years, a portion of which lies underneath
one of the Goodlette-Frank Road bridges and is legally a part of Goodlette-Frank ROW owned by the County. As
part of the County's request for a quit claim deed from PMCDD for the bridges, PMCDD requested that an
easement be formally granted to PMCDD to allow it to continue its access and maintenance underneath the
Goodlette-Frank Road bridge along Pelican Marsh Blvd., as no recorded easement to this effect has ever been
located. Thus, staff recommends that the County grant an easement to PMCDD allowing them to continue
accessing and maintaining that portion of Goodlette-Frank ROW at ground level (Pelican Marsh Blvd.), subject to
the Landscape Maintenance Agreement attached and described below.
PMCDD also has existing landscaping along Goodlette Frank ROW that they currently maintain in character with
their community. However, PMCDD does not currently have an existing landscape maintenance agreement with
the County formalizing permission for the landscape improvements in the County right-of-way. Staff therefore
recommends that the Board approve and authorize the Chairman to sign a Collier County Landscape Maintenance
Agreement between Collier County and PMCDD for landscape and irrigation improvements within the Goodlette-
Frank ROW. As part of the agreement, PMCDD agrees to maintain the landscaping and irrigation improvements
consistent with County specifications. Rights to terminate the Agreement are defined in the attached Agreement.
The Agreement also provides that PMCDD shall be responsible for removal and reinstallation of landscape
improvements, which may be required due to the Goodlette-Frank road expansion.
FISCAL IMPACT: Recording costs are estimated not to exceed $350. The regular maintenance of the bridges will
become a part of the committed annual funding included as part of the Road and Bridge Maintenance Fund (1001)
budget. No immediate repairs or maintenance costs are anticipated due to the satisfactory inspection recently
completed.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for
approval. - SAA
Packet Pg. 960
16. K.3
07/25/2023
GROWTH MANAGEMENT IMPACT: Acceptance of the bridges into the County system is consistent with the
Transportation Element of the Growth Management Plan.
RECOMMENDATION: To 1) accept a Quit Claim Deed from Pelican Marsh Community Development District
(PMCDD) assuming ownership and maintenance of two bridges carrying Goodlette Frank Road over the Pelican
Marsh community; 2) grant an easement to PMCDD and authorize the Chairman to execute the easement
instrument, allowing continued access and maintenance underneath the Goodlette-Frank Road bridge along Pelican
Marsh Blvd.; and 3) approve and authorize the Chairman to sign a Collier County Landscape Maintenance
Agreement between Collier County and PMCDD, for landscape and irrigation improvements within Goodlette
Frank right-of-way at Pelican Marsh.
Prepared by: Sally A. Ashkar, Assistant County Attorney
ATTACHMENT(S)
1. Quit -Claim Deed (PDF)
2. Grant of Easement (PDF)
3. Landscape Maintenance Agreement (PDF)
Packet Pg. 961
16. K.3
07/25/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 25932
Item Summary: Recommendation that the Board 1) accept a Quit Claim Deed from Pelican Marsh Community
Development District (PMCDD) assuming ownership and maintenance of two bridges carrying Goodlette Frank
Road over the Pelican Marsh community; 2) grant an easement to PMCDD and authorize the Chairman to execute
the easement instrument, allowing continued access and maintenance underneath the Goodlette-Frank Road bridge
along Pelican Marsh Blvd.; and 3) approve and authorize the Chairman to sign a Collier County Landscape
Maintenance Agreement between Collier County and PMCDD, for landscape and irrigation improvements within
Goodlette Frank right-of-way at Pelican Marsh.
Meeting Date: 07/25/2023
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Wanda Rodriguez
06/21/2023 4:06 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
06/21/2023 4:06 PM
Approved By:
Review:
Growth Management Community Development Department Wanda Rodriguez
Transportation Engineering
Marlene Messam
Additional Reviewer
Emergency Management
Caroline Blevins
Additional Reviewer
Transportation Engineering
Robert Bosch
Additional Reviewer
Transportation Engineering
Jay Ahmad
Additional Reviewer
Transportation Management Operations Support
Tara Castillo
County Attorney's Office
Sally Ashkar
Additional Reviewer
Road Maintenance
Marshal Miller
Additional Reviewer
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
Office of Management and Budget
Christopher Johnson Additional Reviewer
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
County Manager's Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Additional Reviewer Skipped
07/18/2023 2:16 PM
Completed 07/18/2023 2:33 PM
Completed 07/18/2023 2:45 PM
Completed 07/18/2023 2:49 PM
Completed 07/18/2023 3:07 PM
Additional Reviewer Completed
07/18/2023 3:44 PM
Completed 07/18/2023 3:44 PM
Completed 07/18/2023 5:04 PM
Completed 07/19/2023 8:20 AM
Completed 07/19/2023 12:04 PM
Completed 07/19/2023 1:17 PM
Completed 07/19/2023 3:08 PM
07/25/2023 9:00 AM
Packet Pg. 962
16.K.3.a
This instrument prepared without
review of title or opinion of title by:
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
3200 Tamiami Trail North, Suite 200
Naples, Florida 34103
PARCEL TAX ID No.:
QUIT -CLAIM DEED
THIS QUIT -CLAIM DEED is made this A/ 1day of July, 2023 by Pelican Marsh
Community Development District, a community development district established and created
pursuant to Chapter 190 F.S., whose mailing address is c/o Anthony P. Pires, Jr. Esq. 3200
Tamiami Trail North, Suite 200, Naples, Florida 34103 (the "Grantor"), in favor of Collier County,
a political subdivision of the State of Florida, whose mailing address is clo County Attorney 3299
Tamiami Trail East, Suite 800, Naples, Florida 34112 (the "Grantee").
WITNESSETH:
That, for and in consideration of the sum of TEN and NO/100 DOLLARS ($10.00), cash in
hand paid by the Grantee to the Grantor, and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged by the Grantor, the Grantor, SUBJECT
TO THE EXPRESS RESERVATION OF USES OUTLINED HEREIN BELOW, does hereby
remise, release and quit -claim unto the Grantee and the Grantee's heirs, successors and assigns
forever, all of the Grantor's right, title, interest, claim and demand that the Grantor may hold or
possess, if any, in and to the following described real property situate, lying and being in Collier
County, State of Florida, to wit:
SEE ATTACHED EXHIBIT "A" (the "Property") /
together with all tenements, hereditaments and appurtenances thereto belonging or in any
manner appertaining. By the execution and delivery of this Quit -Claim Deed, the Pelican Marsh
Community Development District: 1. Is not acknowledging and does not acknowledge that it holds
or possesses any right, title, or interest in or to the Property other than the express reservation
of uses outlined herein below; and, 2. other than the express reservation of uses outlined herein
below, makes no representation or warranty with respect to holding or possessing any right, title,
or interest in or to the Property.
TO HAVE AND TO HOLD the same in fee simple forever; and
SUBJECT TO THE EXPRESS RESERVATION OF USES and encumbered by the
restrictions, reservations, permits, authorizations, conditions and easements of record, and taxes
and assessments for 2022 and subsequent years, including but not limited to those in favor of the
Pelican Marsh Golf Club, Inc., outlined on the attached Exhibit °113-1 through B-4"; and,
Packet Pg. 963
16.K.3.a
SUBJECT TO THE EXPRESS RESERVATION OF USES and encumbered by an
easement and reservation of rights of ingress and egress and right of way in favor of the Grantor
and Grantor's successors and assigns, on, over, upon, across and under the portion of the
Property at ground -level depicted and described on the attached "Exhibit C", for the use,
construction, reconstruction, maintenance and operation of Grantor's, roads, streets, sidewalks,
paths, irrigation lines, pipes and systems, landscaping, street lights, drainage structures and
facilities, their appurtenances and associated improvements known as Pelican Marsh Boulevard,
said portion of the Property depicted and described on the attached "Exhibit C" being a portion
of Pelican Marsh Boulevard, the construction, operation, maintenance and use of which was
approved by the Grantee; and,
By acceptance of the delivery of this Quit Claim Deed, Grantee does for itself, its
successors, assigns, grantees, principals, agents, employees, and representatives, forever
release, acquit and forever discharge the Grantor from any and all manner of action and actions,
cause and causes of actions, claims, suits, debts, dues, sums of money, accounts, reckonings,
bonds, bills, liens, specialties, covenants, contracts, controversies, agreements, promises,
variances, trespasses, damages, judgments, executions, including all claims and demands
whatsoever in law or in equity of any kind of claim whatsoever, including attorneys' fees, interest,
prejudgment interest, costs, loss of services, damage to credit reputation, expenses,
consequential damage, loss of income, loss of business opportunity, loss of profit, breach of
contract, breach of fiduciary duty or anything whatsoever from the beginning of time, whether due
or not, direct or contingent, liquidated or unliquidated, known or unknown, in any way related to
or arising out of, any asserted ownership or control of the Goodlette-Frank Road right of way,
bridge, overpass and appurtenant improvement and structures at Pelican Marsh Boulevard or the
construction, operation and maintenance of the Goodlette-Frank Road right of way, bridge and
overpass at Pelican Marsh Boulevard.
[Signatures on following page]
P_1Packet Pg. 964
P
16. K.3.a
IN WITNESS WHEREOF, the Grantor has executed this Quit -Claim Deed as of the day,
month and year first above written.
Signed in the presence of:
Witness #1
WUP
Witness #1
#2
of Witness #2
STATI OF FL
COUNTY OF
PELICAN MARSH COMMUNITY
DEVELOPMENT DISTRICT, a
community development district
estab 'shed u suant to Chapter 190 F.S.
Chalr/V4ee-G4air
The foregoing Quit Claim Deed was acknowledged before me, in person, this j�n day of
July, 2023 by t-A-tutled watlh , as Chair/Vse-fir of the Pelican Marsh Community
Development District, a community development district established pursuant to Chapter 190
F.S., who is personally known to me or has produced a A'wcy6G 10W-e_ driver's license
as identification..
Notary Public
SEAL
;Ypv, Printed Nam of Notary Public _
MONIQUEkOwctl My commission expires: -fib , 19 Notary Pub€€t - State of Florida
Commtss€on # HM 95035
orrti,:` My Comm, Expires Feb 1Q, 2025
Bonded through National Notary Assn,
Packet Pg. 965
16.K.3.a
PANCB. No. 66679351250 130.001
BAY COLONY Gp1F IA INC )`
(ORB 2758, PG 2381) �yy Il
PARCEL NO. 66679203751 l 1
PELICAN MARSH COD t f
(ORB 2414, PG 3478) k
'1RACT B' � CUE t
"TEL�eAN MARSH BLVD
(106' RIGIiT-OF-WAY) i }
4 4
55' FPL EA5fllUIfl
(ORB 1907,, PC, 2221 l
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20' GOLFCART PATH Is
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GOODLETTE FRANK ROAD t
yy((��
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27
►
'1O'E
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V 34 35
-
(BASIS OF BEARINGS)
120.07' PARCEL No.
20.07'
N. LINE OF SECRON 34
P. d
s6s7s5oao2s
PELICAN MARSH
NORTHEAST CORNER OF SECTION 34.
GOLF CLUB INC
TOWNSHIP 48 SOUIH, RANGE 26 EAST
`PAR. "TRACT 1"
COLLIER COUNTY, ELORIOA PER 7}1E PLAT
--"""'''-'CIS'`
MARSri
OF PELICAN MARSH GOLF COURSE PHASE ONE,
`20' URLITY EASEMENT
1--1993, PG 1634)
UNIT Tkk Whj- SIX
(PB 41. PG 42)
PLAT BOOK 23, PAGES 40 THROUGH 47,
(ORB
PUBLIC RECORDS OF COLLIER COUNTY, FLORIOA
PELICAN _MARSH BLVD
4�10' uE(P) (100' RIGHT-OF-WAY)
T — PARCEL No. 66679450054
` PELICAN MARSH CDD
(ORB 2414, PG 3478)
"TRACT A" & CUE
....................... ..................P_L€CAH MAR$
y A
UNAT SIX
°Gy9p (PB 24, PG 50)
° p9TF( I I
Il
�yy j 'pp ti yo
mi I qRc� A� •v9�� I
coal � �sJ��sti [ I
E'LY RIGHT-OF-WAY Fyn I
i GOODLETTE FRANK ROAD
1 20' 1F &
P
0 50 100 200
(INTENDED DISPLAY SCALE: 1"=200')
20' UTILHY EASEMENT
` (ORB 1993, PG 1634)
1 DESCRIBED PARCEL OF LAND
CONTAINS 3.01 AC.1131,282 SO. FT, t
l!
�ll
1...........-.-PELICAN ?AARSH.....................................f
4 GOLF (:OURSE,
S84°26'S0"VV P H A 8 F 0NIE
(PD 23, PG 40)
130•00' PARCEL No. 66679301006
1 PELICAN MARSH GOLF CLUB INC
(ORB 2622, PG 93)
l
NOTES:
1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO BE
USED AS ONE.
2. BEARINGS SHOWN HEREON ARE BASED ON FIXING THE NORTH LINE
OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, WHEREIN SAID NORTH LINE BEARS N.89'31'31"W.
3. PARCEL CONTAINS 131,282 SQUARE FEET OR 3.01 ACRES, MORE
OR LESS.
4. P.O.C. = POINT OF COMMENCEMENT
5. P.O.B. = POINT OF BEGINNING
6. ORB = OFFICIAL RECORDS BOOK
7. PB/(P) = PLAT BOOK/PLAT EEXHIBIT
8. PG = PAGE
9. IE = IRRIGATION EASEMENT
1 D. CUE = COUNTY UTILITY EASEMENT
11.LE = LANDSCAPE EASEMENT
12. UE UTILITY EASEMENT 0>=
13. R/W = RIGHT-OF-WAY 9,4
14. SQ. FT./AC. = SQUARE FEET/ACRES
15. NOT VALID WITHOUT SHEETS 1 THROUGH 2 OF 2.
THIS IS NOT A SURVEY.
I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
AND BELIEF, THAT THE LEGAL DESCRIPTION AND
ATTACHED SKETCH WERE PREPARED IN ACCORDANCE
WITH THE APPLICABLE PROVISIONS OF CHAPTER
5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT
TO CHAPTER 472, FLORIDA STATUTES.
MARK D. HAINES (FOR THE FIRM L.B. 642)
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5312
DATE SIGNED:
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER.
JOHNSON ENGINEERING, INC. GOODLETTE FRANK RIW - RELEASE PARCEL
2122 JOHNSON STREET SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST
P.O. BOX 1550
FORT MYERS, FLORIDA 33902-1550 COLLIER COUNTY, FLORIDA
ENGINEERING PHONE: 4239) 334-0046 DATE PROJECT N0, FILE NO. SCALE SHEET
E.B. #642 & LB, #642
02/17/23 20023551-001 34-48-25 1 1"=20Packet Pg. 966
16.K.3.a
LEGAL DESCRIPTION
PELICAN MARSH CDD
GOODLETTE FRANK ROAD RIGHT—OF—WAY
RELEASE PARCEL
SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
A PARCEL OF LAND BEING A PORTION OF THE RIGHT—OF—WAY OF
GOODLETTE FRANK ROAD (130 FEET WIDE), ACCORDING TO THE
PLAT OF FRANK BOULEVARD AS RECORDED IN PLAT BOOK 13, AT
PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LYING IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 34
ACCORDING TO THE PLAT OF PELICAN MARSH GOLF COURSE PHASE
ONE AS RECORDED IN PLAT BOOK 23. AT PAGES 40 THROUGH 47
OF THE AFOREMENTIONED PUBLIC RECORDS; THENCE, ALONG THE
NORTH LINE OF SAID SECTION 34, N.89'31'31'W., 772.91 FEET TO
AN INTERSECTION WITH THE EASTERLY RIGHT---OF—WAY OF THE
B n AFOREMENTIONED GOODLETTE FRANK ROAD (130 FEET WIDE);
THENCE ALONG SAID EASTERLY RIGHT—OF—WAY, S.05'33' 10"E.,
c 120.07 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUE
Q ALONG SAID EASTERLY RIGHT—OF—WAY, S.05'33' 10"E., 1,009.86
FEET: THENCE S.84'26'50"W., 130.OD FEET TO AN INTERSECTION
WITH THE WESTERLY RIGHT—OF—WAY OF THE AFOREMENTIONED
GOODLETTE FRANK ROAD (130 FEET WIDE); THENCE, ALONG SAID
WESTERLY RIGHT—OF—WAY, N.05'33' 10"W., 1,009.86 FEET; THENCE
N N.84"26'50"E., 130.00 FEET TO AN INTERSECTION WITH THE
AFOREMENTIONED EASTERLY RIGHT—OF—WAY OF GOODLETTE FRANK
ro ROAD (130 FEET WIDE) AND THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 3.01 ACRES OR 131,282 SQUARE FEET,
MORE OR LESS.
EXHIBIT
p� oto2-
THIS IS NOT A SURVEY.
"NOT VALID WITHOUT SHEETS 1 THROUGH 2 OF 2,
SKETCH AND DESCRIPTION
JOHNSON ENGINEERING, INC. GOODLETTE FRANK RM - RELEASE PARCEL
2122 JOHNSON STREET SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST
P.O. Box 1550
FORT MYERS, FLORIDA 33902-1550 COLLIER COUNTY, FLORIDA
ENGINEERING PHONE. (239) 334 0046 DATE PROJECT N0. FILE N0. SCALE
E.B. #642 & L.B. #642 02/17/23 120023551-001134-48-25 N/A Packet Pg. 967
16.K.3.a
EXHIBIT "B"
THE EXPRESS RESERVATION OF USES IN FAVOR OF THE PELICAN MARSH
COMMUNITY DEVELOPMENT DISTRICT ("Grantor") and Grantor's successors and
assigns, and rights of ingress and egress and right of way at ground -level in favor of the
Grantor, on, over, upon, across and under the portion of the Property depicted and
described on the attached "Exhibit C", for the use, construction, reconstruction,
maintenance and operation of Grantor's road, sidewalk and landscaping known as Pelican
Marsh Boulevard, said portion of the Property depicted and described on the attached
"Exhibit C"
2 THE EXPRESS RESERVATION OF USES IN FAVOR OF THE PELICAN MARSH GOLF
CLUB, INC. successors and assigns, and rights of ingress and egress and right of way at
ground -level in favor of the Pelican Marsh Golf Club, Inc., on, over, upon, across and
under the portion of the Property depicted and described on the attached "Exhibit B-'I
as granted, detailed and outlined in the following documents and instruments:
a. That certain Grant of Easement dated June 23, 1993, recorded in Minute Book
000, Page 19, of the Collier County Board of Commissioners, attached hereto
as Exhibit "B-2".
b. That certain Assignment and Assumption of easement, dated December 29,
2006, recorded in O.R. Book 4172, Page 3063, of the Public Records of Collier
County, Florida, attached hereto as Exhibit "B-3".
c. Permit To Perform Work and/or Maintenance In Public Right -Of -Way, dated 6-
10-94, attached hereto as Exhibit "134".
Packet Pg. 968
55'fik tA5019ff
(ORB 067 PC WIH
PARCEL No. 66679351259 1
PAY COLONY GOLF CUB INC
(ORB 2758, PG 2381)
PELICAN MARSH BLVD
-OF-WAY) 401
(100' RICK
27 26
N8973 I 'J I W 772.91 ' V
(BASIS OF BEARINGS)34PARCEL No.
66679508029 N. LINE OF SEC77ON 54
PELICAN MARSH
GOLF CLUB INC
'TRACT 1
.................. ......... ...... .. P E L i C A N' A I
20 1 UNITY _EASEMENT U N'l T T qX
�- (&9 1993, PG 1634) WD 4t, PG' 4'2)
PARCEL NO, 6667920375,j
PELICAN NMH ODD
I (ORB 2414, PG 3478)
'rw 8, & CUE 0
r
20' GOLFCARF PATH
EASEMENT(P)
7,
cn
M 0
T ;r'
1>
m p. z
PELICAN MARSH BLVDI 7
un(p)
(100' RIGHT-OF-WAY)
35
P. 0. C.
NORTHEAST CORNER Of SECTION 34,
TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA PER THE PLAT
OF Pa/CW MARSH GOLF COURSE PHASE ONE,
PLAT BOOK 23, PAGES 40 THROUGH 47,
PUBLIC RECORDS OF COLLIER COUNTY FLORIDA
PARCEL No. 66679450054
PELICAN MARSH CDD
(ORB 2414, PC 3478)
"TRACT A" & CUE
........................... ........... I . I... . '..
LIMIT 81X
(Pis 24. PGA)
ro. 77
I-e,q GI V/
P"
A/ I I 0 50 100 200
ELY RIGHT—OF—WAY
GOODLETTE FMK ROAD (INTENDED DISPLAY SCALE 1 "=200')
rn
0 w
20' LE &
os� r- 11FIP] L_
UJI CC OCA t,3 �� C�
0 C2 Co �
z
0 N84026'50"E
130.00'
I N0503310"IN
77.00'4
WESTERLY RIGHT-OF-WAY
GOODLETTE FRANK ROAD
10 - IE(p)
d 15' UE(p)
20' U77LIlY EASEMENT
(ORB 19-93, PG 1634)
-PE§��C& OF LA AID
P. O.B.
powAims a23AC.110, 010 SQ. FT,
S05D33'10"E PARCEL No. 66679301006
PELICAN MARSH GOLF CLUB INC
77.00' (ORB 2622. PG 93)
S84026'50"W 130.00'
................................. ...... ........
=_P COURSE,
PHA8E ONE
(PI) n. PC 40)
Is
TOTES:
THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO BE
USED AS ONE.
BEARINGS SHOWN HEREON ARE BASED ON FIXING THE NORTH LINE
OF SECTION 34. TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA. WHEREIN SAID NORTH LINE BEARS N.89*31'31"W.
PARCEL CONTAINS 10,010 SQUARE FEET OR 0.23 ACRES, MORE OR
LESS.
P.O.C. = POINT OF COMMENCEMENT
P.O.S. = POINT OF BEGINNING
ORB = OFFICIAL RECORDS BOOK
PB/(P) = PLAT BOOK/PLAT
PC = PAGE
IE = IRRIGATION EASEMENT
0. CUE = COUNTY UTILITY EASEMENT
1. LE = LANDSCAPE EASEMENT
2. UE = UTILITY EASEMENT
3. R/W = RIGHT—OF—WAY
4. SO. FT./AC. = SQUARE FEET/ACRES
5. NOT VALID WITHOUT SHEETS 1 THROUG]
ENGINEERING
EXHIBIT
2 OF 2.
JOHNSON ENGINEERING, INC.
2122 JOHNSON STREET
P.O. BOX 1550
FORT MYERS, FLORIDA 33902-1550
PHONE: (239) 334-0046
E.B. #642 & L.B. #642
THIS IS NOT A SURVEY.
I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
AND BELIEF, THAT THE LEGAL DESCRIPTION AND
ATTACHED SKETCH WERE PREPARED IN ACCORDANCE
WITH THE APPLICABLE PROVISIONS OF CHAPTER
5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT
TO CHAPTER 472, FLORIDA STATUTES.
MARK D. HAINES (FOR THE FIRM L.B. 642)
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5312
DATE SIGNED:
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER.
GOODLETTE FRANK RD - GOLF CART PATH EASEMENT
SECTION 34, TOWNSHIP 40 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
ATE PROJECT NO.FILE NO. I S7 1'�kFrl
02/17/23 1 20023551-001 34-48-25 1 1 =2001 Packet Pg. 969
16.K.3.a
LEGAL DESCRIPTION
PELICAN MARSH CDD
GOODLETTE FRANK ROAD RIGHT—OF—WAY
GOLF CART PATH EASEMENT
SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
A PARCEL OF LAND BEING A PORTION OF THE RIGHT—OF—WAY OF
GOODLETTE FRANK ROAD (130 FEET WIDE), ACCORDING TO THE
PLAT OF FRANK BOULEVARD AS RECORDED IN PLAT BOOK 13, AT
PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LYING IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 34
ACCORDING TO THE PLAT OF PELICAN MARSH GOLF COURSE PHASE
ONE AS RECORDED IN PLAT BOOK 23, AT PAGES 40 THROUGH 47
OF THE AFOREMENTIONED PUBLIC RECORDS; THENCE, ALONG THE
NORTH LINE OF SAID SECTION 34, N.89'31'31 "W., 772.91 FEET TO
AN INTERSECTION WITH THE EASTERLY RIGHT —OF ---WAY OF THE
E
AFOREMENTIONED GOODLE17E FRANK ROAD (130 FEET WIDE);
THENCE ALONG SAID EASTERLY RIGHT OF —WAY, 5.05'33'10"E.,
n
1,000.43 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUE
N
ALONG SAID EASTERLY RIGHT—OF—WAY, S.05`33'10"E., 77.00 FEET;
,
THENCE S.84'26'50"W., 130.00 FEET TO AN INTERSECTION WITH THE
v
WESTERLY RIGHT—OF—WAY OF THE AFOREMENTIONED GOODLETTE
FRANK ROAD (130 FEET WIDE); THENCE, ALONG SAID WESTERLY
RIGHT—OF—WAY, N.05'33'10"W., 77.00 FEET; THENCE N.84'26'50"E.,
130,00 FEET TO AN INTERSECTION WITH THE AFOREMENTIONED
EASTERLY RIGHT—OF—WAY OF GOODLETTE FRANK ROAD (130 FEET
v
WIDE) AND THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 0.23 ACRES OR 10,010 SQUARE FEET,
MORE OR LESS,
EXHIBIT
A E2�i
THIS IS NOT A SURVEY.
"NOT VALID WITHOUT SHEETS € THROUGH 2 OF 2
SKETCH AND DESCRIPTION
JOHNSON ENGINEERING, INC. GOODLETTE FRANK RD - GOLF CART PATH EASEMENT
2122 0. Box N STREET SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST
P.O. SOX 1 S5O
FORT MYERS, FLORIDA 33902-1550 COLLIER COUNTY,FLORIDA
ENGINEERING P}IONE. 4239) L.B.0046 SATE PROJECT N0. FILE N0. T___
CALE S3li E T
E.B. #642 & .B. #642
02/17/23 20023551-oat 34-48-25 N/A I Packet Pg. 970
16.K.3.a
JUNE 23, 1992 .
THIS INDENTURE made and executed by and between COLLIER
COUNTY, a political subdivision of the State. of Florida, whose
address is 3301 East Tamlami Trail, Naples, Florida 33962,
(hereinafter called "Grantor") and WESTINGHOUS2 COMMUNITIES OF
NApLEB, INC., a Florida corporation, whose address is 001 Laurel
Oak Drive, Suits 500, Naples, Florida 33963 (horeinaltor called
"Grantas").
That for and in consideration of the sum of Ton Dollars
($10.00) and other good and valuable consideration, receipt of
which is hereby acknowledged, the Grantor hereby grants to Grantee
a perpetual easement for the construction, placenent, maintenance,
repair and replacement of a box eulvart or other tunnellike
structure and underground cart and pedestrian paths, for ingress
and agrass to and from the contiguous lands of Grantee by golf
carts, golf course matntonanos vehicles and pedestrian traffic and
for the installation and maintenance of utility lines, conduits and
connections (hereinafter collectively referrer: to as the "Golf
Course Tunnel") to serve Grantee's lands under and through a
portion of County Road 611 now being constructed, known and-horain
raforrad to as the Goodlette-Frank Road Extension, as more
particularly described an Schedule "A" attached hereto and made a
part hereof.
This easement is being granted# conveyed and accepted pursuant
to the following terms and conditianst
1. Grantee shall not unreasonably interfors at any time with
the rights of Grantor, its successors and assigns, or any other
partyy requiring access to any of Grantor's properties over or
adjoining the lands to which this easement is granted.
3. The Golf Course Tunnel shall be constructed by Grantee
within the easesent, as soon as possible, in accordance with
the construction plans prepared by Aqnoli, Barber and Brundage and
approved by the Collier County Transportation Services Division.
3. A1% coats and expanses for the planning. engineering,
permitting, construction, reconstruction, repair and maintenance of
the Col! Course Tunnel shall be borne by the Grantee.
t. The Grantee shall be and remain responsible for
ascertaining the location and as necessary, arranging far the
proper relocation of all existLaq utilities within or affected by
the easement, both earial and underground. Copies of any
applicable utility installation and/or relocation agreement$ shall
be submittad to the Collier County Tranaportation services Division
for xaview and coordination with ongoinq County construction of the
Goodlette-Frank Road Extension.
S. The Grantee shall be and remain responsible to obtain the
necessary state and federal approvals for the Colt Course Tunnel in
addition to obtaining any necessary rights at entry required for
construction. Copies of all applicable approvals shall be
submitted to the Collier County Transpartation Services Division as
a condition of receiving a notice to proceed for work within the
County public right»of-way. No construction within the easement
shall commanca until a permit under Ordinance 92-91 has boon
obtained by Grantee.
6. The Crantoa shall be and remain responsible to: (i)
maintain the Golf Cowroa Tunnel in good repair and in onto
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16.K.3.a
JUNE 23, 1992
condition; and (iir expand the Golf Course Tunnel, as and when
necessary, to be, Cansistsnt with any expansion of the Goodletta-
Frank Road Extension to accommodate additional lanes of traffic.
7. All contracts between the Grantee and the contractors for
the Golf Course Tunnel construction project shall include
requirements to hold the Grantor harnlass, and to fix contract
amounts and pricing so any and all Golf Course Tunnel project
activities shall not result in a quantity and/or cost increase to
the Grantor on the Goodletta-Frank Road Extension. project. All
such contracts between the Grantee and contractors to perform work
as part of the Golf Course Tunnel project shall be submitted to the
Collier County Transportation services Division for its approval as
a condition of the right-of-way permit approval.
0. Prior to issuance of the required right -of -ray permit or
at such later time or avant as may be mutually agreed upon by
Grantor and Grantee, Grantor and Grantee shall nogotiate and agree
upon the valuation of this easement and the payment therefor to the
Grantor by Grantee. Concurrently with much payment, Grantor and
Grantee shall execute and record, in the official Recorder of
Collier County, Florida, a memorandum acknowledging the tender and
receipt of the payment.
9. For Tan Dollars ($1o.00) and other valuable consideration,
the receipt of which is hereby acknowledgad by Grantee, the Grantee
agrees to save harmlase, indannify and defend Grantor, its
officers, employee* and agents frou any and all claims,•iossos,
penalties, demands, judgments and costs of suit at either trial or
appellate court levels, including attorneys, and paralegals, fees,
for any expense, personal injury, property damage, delay, direct or
consequential damages or aconomie loss arising directly or
indirectly on account of or in Connection with the work done by
Grantoa or his contractor(s), subaontractor(e) or his or their
agents or in connection with the design, location, construction,
maintenance or operations with reference to the Golf Course Tunnel.
The Grantor and Grantee acknowledge that Grantee is not the agent
of Grantor and. that the Ten Dollars ($10.00) consideration
referenced herainebove is for this indemnification only and is
separate and distinct from other consideration acknowledged in this
Agreement.
10. The Grantee shall Comply with all policies and
requirements aft forth in the Collier County Land Development Coda
and shall provide Grantor with a performance security as describad
in Division 3.2.9.1.5 of said Cade in an amount equal to ant+
hundred percent (100%) of the sum of construction (including
permitting) costs for the Project, such security in a form approved
by the County Attorney prior to submission of this easement and the
security to the hoard of County Commissioners for approval and/or
acceptance. Any existing surplus security currently held by the
Grantee on active developments within a four -mile radius of the
Golf Course Tunnel shall be eligible to meat both the security and
warranty requirements. Ongoing Golf Curse Tunnel project security,
attar an initial. one-year period, shall baco%a the responsibility
cif adjacent land development projects he available.
11. The Effective Data of this easement shall be the last
data indicated below on which the Grantor or Grantee executed this
easement. This casement contains the entire understanding between
the parties and any modifications to this easement shall be reduced
to writing and signed by the parties hereto.
Grantor and Grantee acknowladge and agree that the grant
and accaptanco of this easement shall not create nor establish a
basin for any reliance at Grantee upon a zoning change to be
offacted upon Grantaa's lands under, about, contiguous to, near to
or.,far from this casement. �}[c�(�
OGO Plu
20
Packet Pg. 972
16.K.3.a
JUNE 23, 1992
This easement shall run with the land and shall be binding on
and inure to the benefit of the parties hereto, their successors,
assigns and invitees forever. provided, however, all rights and
obligations of Grantee under this easement may be assigned, without
recourse to Grantee, to any entity having ownership rights in,
control over or affiliation with the lands at Grantee which are
contiguous to the easement including, without limiting the
generality of the foregoing, a unifars community development
district or other independent or dependent districts a property
owners association, or a partnership or corporation (for profit or
not -for -profit). Grantee shall promptly notify Grantor in writing
upon the occurrence of any such assignment,
IN WITNESS WHEREOF, the Grantor and Grantee have caused these
presents to be executed by their appropriate officials as of the
dates set forth below.
'f C. GI , lark
' �cr�►r� ssAty
Approved as to fora and legal
.ut f iai.ttay t
A35r County Attorney
bOARD OF COUNTY COMrSSIONERS
COLLis um, FLOAIAA
lay
0 �� CH11IRttlltt�
WITHESBEB i tilts XWMOvsa ZT1ttn OF
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Title, Lours f�. +R • at#a
T= n 10 Waxer
Dater June 1&. 1992
STATr. or fWRIDA
COUNTY OF COLLIER
The foregoin Girant of Nasemant was acknowledged before se
this /6. day of , 1993, by Michael J. Volpe na Chairman of
the and o! County Coamisaioners, Collier County, Florida on
behalf of the board. tta is personally known to an and did not take
an oath.
totAl
Not ry public
Pr t tiaras t
try commission expireet
(� comm. No.:
ON Q�rwt 21
Packet Pg. 973
16.K.3.a
JUKE 23, 1992
STATE O? IrWRTU i
COum or COLLIER)
Before me, the undersigned authority, this dry personally
appeared Louis H. Hoegated, to as wall -known and known to as to be
the Executive vice-president of this corporation named in the
foregoing Grant of Easement, and he acknowladged to and before me
that he executed said easement on behalf of and in the name of said
corporations that he is duly autharixad by said corporation to
execute. maid easaaent and that said easement is the true act and
deed of said Corporation. He is personally known to as and did not
take an oath.
Notary Public l
Arintl Laurel Y. Sltterly
My Commission Expires
coma. No.1 M7i3146
This instruaent prepared byl
Robert W, McClure Esquire
801 Laurel Oak Drive, 1500
Naples, r-lorida 33963
M GCo na 22
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Packet Pg. 974
16.K.3.a
I,
JUN15 23. 1107
SCHEDULE A
Description of a Prapasad Ingtssal"rasa
and Malntsnancs Ease'a+nt
A IngreaslEgreas and Maintenance Easement over"
n 34,
4 , anunships40
all that part of the northeast Quarter of sect ihsinq�m •
particularly described AsCollier followsstY, Fiarida,
�oa�s►eneinq at the northeast corner at said Section 34 )
thence
"" West slonq the northetlY line of said section a
north 8431t SS 31 ?72.81 feet to an inkersection with the sastarlY
right-of-way line of Frank Boulevard as recorded in Plat Book 13,
nce
gags 58, Public Records of Collier County, Florida) said sastarlY
leaving said section line south 33 29 Bast alanq
right-of-waY line a distance of 1000.43 feet to the Point of
Beginning of the following described easement)
thence continue along said easterly right -at -way lino
South 5633129" East 17.00 feet)
thence leaving said saeterly right-ot•waY 31no
li*26131" most 130.00 L0 % to an lntecseotidn with th t the
westerly right-ot-way line of said Frank Boulevard)
thence Borth 3`33,29" Nast along said westerly
right-ot-way line a distance of 77.00 fast)
thence leaving said westerly right-of-way line North
94626131" East 130.00 test to the Point of Beginning of
the easement herein described)
containing 0.23 of an acre of land more at lose)
sub3act to easoments and restrictions or record.
AQNOLI, URSER i A NDhowe INC.
ProtteaLonal r1ors, planners 6 Land Surveyors
0
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Re ran AS Sketch'File No. 3714-80
apA/AA1pa
06-0411.DE5192
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Packet Pg. 976
16.K.3.a
WC1 I iCOMMLJNITIES, INC."
WCi
NYSE
1301 WALDEN CENTER DRm
NITA $PRINGsy Room 34134
Ta.(239)498.8200
uodrommunitier.rom
Wet HONORW As
AMEPI s Bm Bujwn
BY NATIONAL AssocvnoN
op How BU11A)EiLS ANn
BUiLOER MACADNE
January 30, 2007
Board of County Commissioners
Collier County, Florida
Collier Government Complex
3301 East Tamiami Trail
Naples, FL 34112
Re: Grant of Easement — Goodlette-Frank Road Extension Golf Course
Tunnel
Dear Commissioners:
WCI Communities, Inc., successor by merger of Westinghouse Communities
of Naples, Inc. as Grantee under that certain Grant of Easement from Collier
County, dated June 23,1992, recorded in Minute Book 000, Page 19, of the
Collier County Board. of Commissioners, a copy of which is attached hereto
for your reference, assigned all of its rights and obligations under the Grant of
Easement to Pelican Marsh Golf Club, Inc. by virtue of that certain
Assignment and Assumption of Easement, dated December 29, 2006,
recorded in O.R. Book 4172, Page 3063, of the Public Records of Collier
County, Florida, a copy of which is also attached.
Please consider this letter notice of such assignment as required by Section 11
of the Grant of Easement.
Sincerely,
Laurel Y. Sitterly
Senior Paralegal
nys
enc.
cc: John Minty, President, PMGC
Melissa Smith, Esq.
The Experience Is Everything'
EXHIBIT
10
Packet Pg. 977
16.K.3.a
3962909 OR: 4172 PG: 3063
RBCORDBD in OFYICIAt RECORDS of COLLIER COUNTY, R
01/23/2007 at 10:41AR DUIGBT 1. BROCK, CLERK
RIC 111 76.00
This instnunent prepared by DOC-.70 .70
and return to: Retn;
Richard G. Cherry, Esquire WCI COKKUNICATIONS
Cherry, Edgar & Smith, P.A. 2001 NAtDEN CENTER. DR
8409 North Military Trail, Suite 123 NAFLES IL 34134
Palm Beach Gardens, Florida 33410
ASSIGNMENT AND ASSUMPTION OF EASEMENT
THIS ASSIGNMENT ANDL ASSUMPTION OF EASEMENT (the "Assignment") is
entered into as of this` day of fQM5&. —P 2006 by WCI COMMUNITIES, INC., a
Delaware corporation ("WCI' and PELICAN MARSH GOLF CLUB, INC., a Florida not -for -
profit corporation ("PMGC"}.
WHEREAS, WCI, successor by merger of Westinghouse Communities of Naples, Inc., is
the "Grantee" under that certain Grant of Easement, dated June 23, 1992 and recorded in Minute
Book 000, Page 19, of the Collier County Board of Commissioners, a copy of which is attached
hereto as Exhibit "A" (the "Easement'), which Easement granted a perpetual easement from
Collier County to WCI for the "construction, placement, maintenance, repair and replacement of
a box culvert or other tunnel -like structure and underground cart and pedestrian paths, for ingress
and egress to and from the contiguous lands of Grantee by golf carts, golf course maintenance
vehicles and pedestrian traffic and for the installation and maintenance of utility lines, conduits
and connections" (hereinafter collectively referred to as the "Golf Course Tunnel'); and
WHEREAS, WCI and PMGC acknowledge that WCI has completed construction of the
Golf Course Tunnel; and
WHEREAS, WCI conveyed its property contiguous to the Golf Course Tunnel, which is
known as Pelican Marsh Golf Club, to PMGC by virtue of that certain Special Warranty Deed,
dated August 1, 1999, recorded in O.R. Book 2622, Page 0093, of the Public Records of Collier
County, Florida.
WHEREAS, Section 11 of the Easement provides that "all rights and obligations of
Grantee under this easement may be assigned, without recourse to Grantee, to any entity having
ownership rights in, control over or affiliation with the lands of Grantee which are contiguous to
the easement including, without limiting the generality of the foregoing, a uniform community
development district or other independent or dependent district, a property owners' association,
or a partnership or corporation (for profit or not -for -profit). Grantee shall promptly notify
Grantor in writing upon the occurrence of any such assignment."
WHEREAS, WC1 desires to assign all of its right, title and interest, and duties,
responsibilities and obligations in the Easement, except as provided below, to PMGC, and
PMGC is agreeable to such assignment.
c:V)GWMm,a„esmtnp)&kSdaA"3CttnW%T0TW yrnttmcl Packet Pg. 978
16.K.3.a
OR: 4172 PG: 3064
NOW, THEREFORE, In consideration of the mutual promises and conditions set forth
herein and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledges, the parties agree as follows:
1. WCI hereby assigns all of its right, title and, interest, and duties, responsibilities
and obligations under the Easement, without recourse, including, but not limited to, Section 3
and Section 6(i) , excepting therefrom, Section 6(ii), which obligation has been satisfied by WCI
under that certain Standard Form Collier County Developer Contribution Agreement For Road
Impact Fee Credits For WCI Communities, Inc. — Livingston Road and Goodlette-Frank Road,
dated January 23, 2001, recorded in Q.R. Book 2773, Page 1590, of the Public Records of Collier
County, Florida.
to PMGC.
WCI shall notify Collier County of this Assignment and Assumption of Easement
PMGC hereby consents to the Assignment and Assumption of this Easement.
4. WCI and PMGC each agree that the Easement shall continue in full force and
effect and shall be binding on PMGC in accordance with its terms, except as provided herein.
IN WITNESS WHEREOF the parties have agreed to deliver this Assignment and
Assumption as of the date first above written.
Witnessed By:
STATE OF FLORIDA
COUNTY OF LEE
WCI C MUNITIES, INC., a
Delaw r corporation
A-u L--r By:
i
Senior Vice President
The foregoing instrument was geknQwledged before me this 29 day of De- ;
2006, by DPN + t= m , as ice President of WCI Communities, Inc., a Delaware
corporation, on behalf of ilie corporation and who is personally known to nre.
Nota ublic
p{;`Y <ev Marciafr.Archambault Print ame;_rrso�si,,ar L. A,�ha,,,baUL-r
4 JTCommission # p134522 i8 My Commission Expires: rko 6.„-5T to , -Znog
oa Expires August 6, 2009
' M yt-f` Bondtd Troy Fnn - Inwlanco Inc /00,30.70I9
2 Packet Pg. 979
16.K.3.a
OR; 4172 PG: 3065
ACCEPTED BY:
CLUB,PELICAN RSHI GOLF
profit corporation
Its: I
STATE OF FLORIDA
COUNTY OF LEI;
The foregoing instrument was acknowledged before me this Z°t day of
2006, by i--d GAtAp0orIA , as Pr- Y -,1,4..,-T of
Pelican Marsh Golf Club, Inc., a Florida not -for -profit corporation, on behalf of the corporation
and who is personally known to nic.
o Public
Marcia L. Archambauit Print Namc: M R � 1 g�A,, hg_fAbaU l- 7
Commission # DD452218 My Commission Expires: A-o&vST �� Zoall-
Expires August 6, 2009
9cMlATmyFd-1nkYanGO,* 600.365`7019
Packet Pg. 980
16.K.3.a
OR: 4172 PG: 3066
,TUNE 23, 1992 .
T11IS INDENTURE made and executed by and between COLLIER
COUNTY, a political subdivision of the State of Florida, whose
address is 3301 Cast Tamiami, Trail, Naples, Florida 33962,
(hereinafter called "Grantor") and WESTINGHOUSE COHMNITIES OF
Q
NAPLES, INC., a Florida corporation, whose address is Sol Laural
Oak Drive, Suite 500, Naples, Florida 33963 (hereinafter called
"Grantee").
�a
That for and in consideration of the sum of Tan Dollars
E
($lo.00) and other good and valuable consideration, receipt of
N
which is hereby acknowledged, the Grantor hereby grants to Grantee
a perpetual easement for the construction, placement, maintenance,
w
repair and replacement of a box culvert or other tunnel -like
structure and underground cart and pedestrian paths, for ingress
and ogross to and from the contiguous lands of Grantee by golf
m
carts, gait courna maintenance vehicles and pedestrian traffic and
for the installation and maintenance at utility lines, conduits and
connections (hereinafter collectively referred to as the "Golf
o
Course Tunnel") to serve Grantee's lands under and through a
U
portion of County Road 851 now being constructed, known and heroin
d
rotorrod to as the Goodletta-Frank Road Extension, as more
particularly described an Schedule "I►" attached hereto and made a
'a
Part heract.
m
This easement is being granted, conveyed and accepted pursuant
c
to the following terms and conditionst
1. Grantee shall not unreasonably interfere at any time with;
the rights of Grantor, its successors and &*signs, or any other
�,
party requiring access to any of Grantor's properties over or
adjoining the lands to Which this easement is granted.
o
Z. The Golf Course Tunnel shall be constructed by Grantoo
within the easement, as soon as possible, in accordance with
N
the construction plans prepared by Agnoli, Barber and Brundage and
approved by the Collier County Transportation services Division.
LO
N
3. 7►li costs and expenses for the planning, engineering,
permitting, construction, reconstruction, repair and maintenance of
W
the Golf Course Tunnel shall be borne by the Grantee.
m
0
4. The Grantee shall be and remain responsible for
E
ascertaining the location and as necessary arranging for the
within by
utilities proper relocation of all existing at; affected
U
the easemant, boat aerial and underground. copies of any
applicable utility installation and/or relocation agroataants shall
be submitted to the Collier County Transportation services Division
for review and coordination with ongoing County construction of the
Goodlstte-Frank Road Extension.
3. The Grantee shall be and remain "sponaibla to obtain the
necessary state and federal approval* for the Goat Course Tunnel in
R
addition to obtaining any necessary rights of entry required for
Q
construction. Copies of all applicable approvals shall be
submitted to the Collier County Transportation services Division as
a condition of receivi,nq a notice to proceed for work within the
County public right-of-way. No construction within the easement
shall commence until a parmit under Ordinance 82-91 has boon'
obtained by Grantee.
` 6. The Grantoo shall be and remain responsible tat (1)
maintain the Golf Course 'funnel in good repair and in safe
12 CCO PKI i9
)EXHIBIT
A."
6F
Packet Pg. 9 1771
16.K.3.a
OR; 4172 PG; 3067
JUNE 23, 1992
conditiont and (iir expand the Golf Course Tunnel, as and when
necessary, to be, clinsistont with any expansion of the Goodletta-
Prank Road EXtension to accommodate additional lanes of traffic.
7. All contracts between the Grantee and the contractors for
the Golf Course Tunnel construction project *hall includo
requirements to hold the Grantor harmless, and to fix contract
amounts and pricing so any and all Golf Course Tunnel project
activities shall not result in a quantity and/or cost increaes to
the Grantor on the Goodlette-Frank Road Extension, project. All
such contracts between the Grantee and contractors to perform work
as part of the Golf course Tunnel project shall be submitted to the
Collier County Transportation Services Division for its approval as
a condition of the right-of-way permit approval.
a. Prior to issuance of the required right-of-way permit or
at such later time or avant as may be mutually agreed upon by
Grantor and Grantee, Grantor and Grantee shall negotiate and agree
upon the valuation of this easement and the payment therefor to the
Grantor by Grantee. concurrently With such payment, Grantor and
Grantoo shall axacute and record, in the official Records of
Collier County, Florida, a Memorandum acknowledging the tender and
receipt at the payment.
9. For Tan Dollars ($lo.o0) and other valuable consideration,
the receipt of which is hereby acknowledged by Grantee, the Grantee
agrees to save harmless, indemnify and defend Grantor, its
ofticars, employeas and agents from any and all claims,"3ossae,
penalties, demands, judgments and costs of suit at either trial or
appellate court levels, including attorneys' and paralegals, fees,
for any expense, personal injury, property damage, delay, direct or
consequential damages or economic lose arising directly or
indirectly on account of or in connection with the work done by
Grantee or his contractor(s), subcontractors) or his or their
agents or in connection with the design, location, construction,
maintenance or oparations with reference to the Golf Course Tunnel.
The Grantor and Grantee acknowledge that Grantee is not the agent
of Grantor and. that the Tan Dollars ($10.00) consideration
referenced hereinabove is for this indemnification only and is
separate and distinct from other consideration acknowledged in this
Agreement.
10. Tha Grantee shall comply with all policies and
requirements set forth in the Collier County Land Development Coda
and shall provide Grantor with a performance security as dosoribod
in Division 3.2.9.1.5 of said Code in an amount equal to one
hundred parcant (100%) of the sum of construction (including
permitting) costs for the Project, such security in a form approved
by the County Attorney prior to submission of this easement and the
security to the hoard of County Commissioners for approval and/or
acceptance. Any existing surplus security currently held by the
Grantee on active developments Within a tour -mile radius of the
Golf course Tunnel shall be eligible to most, both the security and
warranty requirements. ongoing Golf Curse Tunnel project security,
attar an initial one-year period, shall beco,ja the responsibility
of adjacent land development projects as available.
11. The Effective Date of this casement shall be the lest
data indicated below on which the Grantor or Grantee executed this
easement. This casement contains the entire understanding between
the parties and any modifications to this easement shall be reduced
to writing and sign6d by the parties horato.
Grantor and Grantee acknowledge and agree that the grant
and acceptance of thin eaaamant shall not croato nor astabliah a
basin for any reliance of Grantee upon a soninq change to be
uffactod upon Grantcala lands under, about, contiguous to, near to
or.,far from this oasomont.
0vacC EXHIBIT
�Q
I A
A of
Packet Pg. 9 2
16.K.3.a
OR; 4172 PG; 3068
JUNE 23, 1992
This easement shall run With the land and small be binding on
and inure to the benefit of the parties hereto, their successors,
assigns and invitess forever. Provided, however, all rights and
obligations of Grantee under this easement may be assigned, without
recourse to Grantea, to any entity having ownership rights in,
control over or affiliation with the lands of Grantee which are
contiguous to the easement including, without limiting the
generalitY of the foregoing, a uniform community development
district or other indapendent or dependant district, a property
owners$ association, or a partnership or corporation (tor profit or
not-for-protit). Grantee shall promptly notify Grantor in writing
upon the occurrence of any such assignment.
IN WITNESS Motor, the Grantor and Grantee have caused these
presents to be executed by their appropriate officials as of the
dates set Lorth below.
lei
8 C. 01: , fork
•{oripi6 AL SEAL)
Approved as to form and legal
suffioiencys
,l�3S�•tounty Attorne- y a
BOARD Or COUNTY COMMISSIONERS
COLLIER tfNTY, FLORIDA
ayt 1k
M CHIISL J. ��7r IItI�AN�
.L.-
NITHESSE81 WSTINGMGUSE NITIES Or
P , INC.
by
Title) Loup �R}erd _.
Cg n A. WSLOr
Dates .tune 26 1992
sTATZ Or rLCRIt h j
COUNTY OF Couan)
The loragoin G--
1992, by Micheal J. Volpe as Chairman of
the card of County Commissioners. Collier County, Florida an
behalf of the Board. lie is personally known to me and d d not take
an oath.
i�
NOtpry Public
Prllnt Name %
my Commission eicpireat =
Comm. No.t .
21 EXHIBIT
Packet Pg. 983
16.K.3.a
OR: 4172 PG; 3069
JUNE 23, 1992
STATE or PLORIDA )
COUNTY OP COLLIER)
Before me, the undersigned authority, this day personally
appeared Louis H. Hoegsted, to as well-known and known to me to be
the Executive Vice-Presidant of the corporation named in the
foregoing Grant of casement, and he acknowledged to and before me
that he executed said easement on behalf of and in the name of said
Corporation; that he is duly authorized by said Corporation to
execute said easement and that said easement is the free act and
dead of said Corporation. He is personally known to me and did not
take an oath.
(0- 11 � 0 �&Ll 0 .. �_
Notary Pub1 C
Prints Laurel 1. Sitter
Ky Commission Expires
Comm. No.t M735444
This instrument prepared byt
Robert Vs MoClurs Esquire
001 Laurel Oak Drive, Wo
Naples, Morida 33963
M Gco ria 22
EXHIBIT
-i " A'
4 e
Packet Pg. 984
16.K.3.a
tjK* 1116 tu. Vvr,►
aunt: 23. 19u?
scliEDULE A
Description of a Proposed Ingress/egress
and maintenance Easement
A Ingress/Egress and Maintenance tasetaent over, under and across
of Section
all that Part of the northeast quarter an 34e Township 4S
eing more
south, Range 25 East, collier County, Florida• bre
particularly described as follows
thence
CottnttenBin31at the etraiongttcornor of nartherlyilinecofasaid3 section a
Nor
of 773.01 feet to an intersection with the VIAL y
right-of-way line of Frank Boulevard as y,,Florecorded in thence
ook !3,
Pago yS, public Records of Collier CaunMy• at along
said easterly
leaving said section line South B 33 A9 Bast clang
right-of-waY lino a distance o! 1000,43 feet to the Point of
Beginning of the following described saaomenti
thence continue along said easterly right -at -May line
South 3'33'19" East 17.00 toed
thence leaving said easterly right-ot-tray line South
94'16131" "Get 130.0o toot to an intersection with the
►rastarly right-of-way lino of said Frank Boulevard;
thence North S'33'g9" Vast along said masterly
right-ot-tray line a distance of 77.00 fast)
thence leaving said westerly right-of-way line North
44*26131" East 130.00 toot to the Point of Beginning of
the easoment heroin described)
containing 0.73 of an acre of land mate or 10011
subject to easements and restrictions or record.
hWOLI, BARBER i Q NDAOE, INC.
processional in ors, Planners I Land Surveyors
Ch a e un ar, P.I.-8% No. 4496
Retoren ABB Skotch'Filo No. 3714-SD
CPA/M/Qa
06-0411.DES/92
lots
l� c1co
EXHIBIT
qA"
Packet Pg. 985
16.K.3.a
4
OR; 4172 PG; 3071
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.... n-nk- [lnrlA, 370113 (Rnee
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EXHiB1T
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Packet Pg. 9 6
16.K.3.a
rrcmimt'i i u rtntunivi VV.UHK ANUIUH MAINTENANCE
I-N PUBLIC RIGHT-OF-WAY
IN COLLIER COUNTY, FLORIDA
DEVELOPMENT SERVICES DEPARTMENT
DATE RECEIVED - " __ (-' Sy :.PERMIT 0437 D
snn.•:c �1.,, ',: 3' FEE PAID ___. {-Z1 .
Approval is herebys.requ s�rid by w �`��� Or S ttff�r r.rryI .;,6 r� G
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and
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it7 t•:. tilts A 1C ie a F l ���Lf $tiff f•ai.aq `
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tetatn,�esctihedr�nd-peirn1tte&is: toibd commenced orx.or,abaut Z -/,
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ed'a roititnaEei- 2� C 5' 74/ M/ri1
•4 FP Y• • - - ; Expiration Date �. _-_ 15•
NOTES:= . Owner,Agent �-7 /} /2 ✓/
1. Work shall be performed in accordance with approved Address _- r /�� 5 %/�/j%/A/1!I,/7r/G
s• plan, Conditions of Permit appearing on reverse side,'
stipulations specified as part of this permit and in
-the'
with Collier County Ordinance t193-64'and
the "ublic Rights -Of -Way Construction Standards
Handbook," latest edition.
2. `;'Applicant declares that prior to filing this application
-he has ascertained the location of all existing utilities,
"both abrial and underground.
3. This permit is contingent upon Permittee obtaining
--necessary rights of entry for construction and
maintenance where required right-of-way for public use
has not.been dedicated and accepted by Collier County.
Telephone
1 agree to conduct sit work in accordance with County Ordinance
93-64 and all applicable County and State Codes and Laws.
z4_r.
AUT R] 8D SIONATURE FOR P6RMlrrpa
4. If the application is made by any person or firm other
than the owner of the property involved, a written con- APPROVBD:+
sent from the property owner shall be required prior to
processing of the application.
5. "Development Services Department approval does not DEVELOPMENT 13RV10ES DEPARTMENT
exempt the permittee from gaining approval from any
State. FederatorLocal Agencies having jurisdiction over Ey
the proposed work." DATE
REMARKS (I
r� t "�•. Sul S i I' !' s6 c- �.. e{ u.7" `C. 11A 2.r /
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16.K.3.a
CONDITIONS OF PERHIT
1 Permits are required for all work performed in any rights -of -way or easements provided for public use In the
unincorporated area of Collier County and in those public rights -of -way or easements maintained by Cattier
,_,,County, but which lie within municipal boundaries.
2. When permitted facilities are pieced within a public right-of-way or easement, the installation is for
permissive use only and placing of facilities shalt not operate to create or vest any property right in the
associated right-of-way or easement In the permittee. Furthermore, the permittee shalt be responsible for
maintenance of such facilities until they are removed, unless otherwise specified in the particular instance.
3. Alt materials and equipment shall be subject to inspection by the Development Services Department's assignee.
4. Requests for inspection shalt be made 72 hours prior to commencing work requiring Inspection.
5. During the. construction, the Contractor/Permittee shall comply with the "state of Florida Huwal of Traffic
Control and Safe Practices for Street and Highway Construction, Maintenance, and Utility Operations" and with
the "Manual an Uniform Traffic Control Devices" and wHh all other governing safety regulations.
6. the county shalt be relieved of all responsibility from damage or liability of damage of any nature arising
from work authorized under this permit.
7. All crossings of existing pavement shalt be by jacking and boring at a minimum depth of twenty-four inches
(24"), unless otherwise authorized by the Development Services Department's assignee.
B. Ali overhead installations shack conform to clearance standards of the County, and all underground crossing
Installations shall be placed at a minimum depth of twenty-four inches (2411) below the pavement and/or a
minimum depth of twenty-four inches (24") below the roadside ditch or state Invert. Primary cable (voltage
exceeding 500 volts) will have minimum thirty-six inch (3611) cover. Secondary cable (voltages less than 500 m
volts) will have a minimum thirty inch (3011) cover. Exceptions may be made by authority of the Development
Services Department.
i
9. two prints of the proposed work covering details of this installation shalt be made a part of this permit. if -
additionat plans are required, they shalt become a part of this permit.
10. Grassing and/or seeding shalt be required for any disturbed rights -of -way following completion of bit permitted
work.
t All property disturbed by authorization of this permit shall be restored better than or equal to its origtnot
�. condition and to the satisfaction of the Development Services Department's assignee.
12. Whenever necessary for the construction, repair, maintenance, improvement, alteration or relocation of said
right-of-way or easement as determined by the County, any or all poles, wires, pipes, culverts, cables, sod,
Landscaping, driveways, sprinklers, or other facilities and appurtenances authorized shop be removed from said
right-of-way or easement, or reset or relocated thereon as required and so notified by the County, and at the
expense of the permittee, his successor or assigns.
13. Where the permittee, or his successor or assigns, Is notified of a need for construction, repair,,
improvement, alteration of or relocation , „� or easement and no action is e
responsible party Within the time frame sped a y t a ounty,'the County shall cause the permitted work -to
be altered, relocated, or removed, with the total expense being borne by the permittee or the responsible
party.
14. Permits shall generally be in a form approved by the Board of county Commissloners and shall tnetude the time
of commerlceRwnt, the number of days the job is erpected to take, and the approximate date of completion, like
permit will expire ninety (90) days after the designated completion dote, unless authorized In the specific
instance for a longer or shorter period. If the work has not been completed by the expiration date, there will
he a renewal fee, set by Resolution, payable upon extending the expiration date for an additional ninety (90)
days.
15, Alt correspondence regarding construction procedures will be handled directly with the permittee, his
authorized agent or his consultant, and not through a contractor or subcontractor.
16. upon completion of authorized work and prior to acceptance by the County, the Development Services Department
shalt be notified via the completion stub attached hereon, by moiling or delivering the stub to the Development
Services Department, 2800 North horseshoe Drive, Naples, Florida 33942.
DEVELOPMENT SERVICES DEPARTMENT
COMPLIANCE SERVICES SECTION
2800 N. HORSESHOE DRIVE
NAPLES, FLORIDA 33942
Packet Pg. 9 8771
16.K.3.a
f I
N84026'50"E
55' Fh �rDff 130.09
(ON 1907, W,, 2221r
PARCEL No. 66G79351250 1
DAY COLONY COLE CLUB IHC
(GR6 2158, PG 2MI) I
N05°33'10"W
210.00' i
"'PELICAN MARSH BLVD
(10 R3Gw_0E-WAY) �1 1
-PARCEL. N0. 666792037, I ;
PEUGW MMSH ODD 1 f
'.(ORB 2414, PG B) 8" k CUE
S84026'50"W
130.00'
GOLfVART PATH I�
EASEMENT(P)
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I�
WESTERLY RIGHT-OF-WAY S� j
GOODLETTE FRANK ROAD
27 26
N89 3I JI'W 772.91 ' 34 35
o ^ I PARCEL No. (BASIS OF 8FARINCS) Lp.O.C.
o 66679508029 N. LINE OF SECTION 34
a PELICAN MARSH : NORTHEAST CORNER OF S60ON J4,
P O B GOLF CLUB INC = 7'OWNWP 48 SOU/N, RANGE 25 EAST
z TRACT 1 COLLIER COUNTY, FLORIDA PER ]NE PLAT
...... .......... .......... I.- .............. '.. PEL iCAN NAARSH ............ OF PELICAN MARSH GOLF COURSE PHASE ONF
I 20' UPUTY EASEMENT UNIT TWENT' S!X PLAT BOOK 2J, PAGES 40 7HROUGN 47,
1—(OR6 1993. PG 1634) (P0 41, PC 42) PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
�S05°3310"E 210.06'-
`,1 DPELICAN _MARSH BLVD
I 10' UE(P) 0 00' RIGHT—OF—WAY)
R\W
PARCEL No. 66679450054
PELICAN MARSH CDD
4
(ORB 2414, PG 3478)
"TRACT
0 ............
...
A" & CUE
I tyl
...........
. , ,
t7" I I
"'Or A,,y09,p0
UNIT $IX
i {PB 2.4 E P6 50?
_ o I i
;10>
rp,P,g 0+ yo
O,,
s
DESCRIBED PARCEL OFLAND
CONTAINS a63AC.127,300 SQ. FT, t
GOODLERE FRANK ROAD
I 20' LE &
UE(P) w
15' uE(P)
20' URLITY EASEMENT
^(ORB 1994 PG 1634)
I PARCEL No. 66679301006
l l PELIGAN MARSH GOLF (ORB 2622, PG 93)B INC
IU
I
`` �...`I . ,., ..: H...............
4 OOLF COURSE,
PHASE ONE
o I (PB 23. 'G 4G)
I
1
10TES:
THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO BE
USED AS ONE.
BEARINGS SHOWN HEREON ARE BASED ON FIXING THE NORTH LINE
OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, WHEREIN SAID NORTH LINE BEARS N.89'31'31 "W.
PARCEL CONTAINS 27,300 SQUARE FEET OR 0.63 ACRES, MORE OR
LESS.
P.O.C. = POINT OF COMMENCEMENT
P.O.B. = POINT OF BEGINNING
ORB = OFFICIAL RECORDS BOOK
PB/(P) = PLAT BOOK/PLAT EXHIBIT
PG = PAGE
IE = IRRIGATION EASEMENT
0. CUE = COUNTY UTILITY EASEMENT
1. LE = LANDSCAPE EASEMENT
2. UE = UTILITY EASEMENT ocE -AOFZ-
3. R/W = RIGHT—OF—WAY
4. SO, FT./AC. = SQUARE FEET/ACRES
5. NOT VALID WITHOUT SHEETS 1 THROUGH 2 OF 2.
0 50 100 200
09
(INTENDED DISPLAY SCALE: 1 "=200')
THIS IS NOT A SURVEY.
I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
AND BELIEF, THAT THE LEGAL DESCRIPTION AND
ATTACHED SKETCH WERE PREPARED IN ACCORDANCE
WITH THE APPLICABLE PROVISIONS OF CHAPTER
5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT
TO CHAPTER 472, FLORIDA STATUTES.
MARK D. HAINES (FOR THE FIRM L.B 642)
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. $312
DATE SIGNED:
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER.
JOHNSON ENGINEERING, INC. GOODLETTE FRANK RD I PELICAN MARSH BLVD - ROAD EASEMENT
2122 JOHNSON STREET
P.O. BOX 1550 SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST
FORT MYERS, FLORIDA 33902-1550 COLLIER COUNTY, FLORIDA
PHONE: 239) 4
ENGINEERING DATE PROJECT NO. flu; No. SCALE
#6 E.B. 642 & L.B.B. #642
02/17/23 20023551-001 34-4B-25 1 "=200' Packet Pg. 989
16.K.3.a
e
A
0
rr
LEGAL DESCRIPTION
PELICAN MARSH CDD
GOODLETTE FRANK ROAD RIGHT—OF—WAY
PELICAN MARSH BLVD. — ROAD EASEMENT
SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
A PARCEL OF LAND BEING A PORTION OF THE RIGHT—OF—WAY OF
GOODLETTE FRANK ROAD (130 FEET WIDE), ACCORDING TO THE
PLAT OF FRANK BOULEVARD AS RECORDED IN PLAT BOOK 13, AT
PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LYING IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 34
ACCORDING TO THE PLAT OF PELICAN MARSH GOLF COURSE
PHASE ONE AS RECORDED IN PLAT BOOK 23, AT PAGES 40
THROUGH 47 OF THE AFOREMENTIONED PUBLIC RECORDS; THENCE,
ALONG THE NORTH LINE OF SAID SECTION 34, N.89'31'31 "W„
772.91 FEET TO AN INTERSECTION WITH THE EASTERLY
RIGHT-OF-WAY OF THE AFOREMENTIONED GOODLETTE FRANK ROAD
(130 FEET WIDE); THENCE ALONG SAID EASTERLY RIGHT-OF-WAY,
S.05'33'1O"E., 190.07 FEET TO THE POINT OF BEGINNING; THENCE,
CONTINUE ALONG SAID EASTERLY RIGHT-OF-WAY, S.05'33'10"E.,
210.00 FEET; THENCE S.84'26'50"W., 130.00 FEET TO AN
INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY OF THE
AFOREMENTIONED GOODLETTE FRANK ROAD (130 FEET WIDE);
THENCE, ALONG SAID WESTERLY RIGHT-OF-WAY, N.05'33'10"W.,
210.00 FEET; THENCE N.8426'50"E., 130.00 FEET TO AN
INTERSECTION WITH THE AFOREMENTIONED EASTERLY RIGHT-OF-WAY
OF GOODLETTE FRANK ROAD (130 FEET WIDE) AND THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 0.63 ACRES OR 27,300 SQUARE FEET,
MORE OR LESS,
EXHIBIT
pQ�� � c�z
THIS IS NOT A SURVEY.
"NOT VALID WITHOUT SHEETS 1 THROUGH 2 OF 2.
SKETCH AND DESCRIPTION
JOHNSON ENGINEERING, INC. GOODLETTE FRANK RD I PELICAN MARSH BLVD - ROAD EASEMENT
2122 JOHNSON STREET SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST
P.O. BOX 1550
FORT MYERS. FLORIDA 33902-1550 COLLIER COUNTY, FLORIDA
ENGINEERING PHONE' (239) 334-0046 GATE PROJECT No. FILE No, SCALE ISHEET
E,B. #642 & L.B. #642 02/17/23 20023551-001 34-48-25 N/A I Packet Pg. 990
GRANT OF EASEMENT
Know all men by these presents that Collier County, a political subdivision of
the State of Florida, and the owner of that certain land in Collier County, Florida
described in Exhibit "A" attached hereto and made a part hereof (the "Easement
Area"), as Grantor, in consideration of the sum of Ten Dollars ($10.00) and other
valuable consideration, the receipt of which is hereby acknowledged, grants and
conveys to the Pelican Marsh Community Development District, a special purpose
unit of local government and community development district established pursuant to
Chapter 190, Florida Statutes, as Grantee, and its members, successors and assigns,
for the use and benefit of the Grantee, and its members, successors and assigns, a
perpetual right, privilege and easement for ground -level ingress, egress, access,
passage, roads, streets, sidewalks, paths, drainage, landscaping and utilities on, over,
upon, under and across the Easement Area.
Grantee, by this Grant of Easement, has the right to install, construct, reconstruct,
connect, operate and maintain in the Easement Area, from time to time, ground -level
roads, streets, sidewalks, paths, irrigation lines, pipes and systems, landscaping, street
lights, drainage structures and facilities, their appurtenances and associated
improvements, the maintenance of which shall be the responsibility of Grantee, and to
use the Easement Area at ground -level for all other purposes as outlined herein.
Landscape improvements in the Easement Area and their maintenance are subject to
that certain Landscape Maintenance Agreement dated 2023 between the
Grantor and Grantee.
The Grantor covenants that it has the full right and title to execute and deliver this
Grant of Easement to Grantee and to convey the said easement on, over, upon, under
and across the Easement Area at ground level.
Packet Pg. 991
16.K.3.b
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal this day
of , 2023.
Signed, sealed and delivered
in the presence of
ATTEST:
CRYTSAL K. KINZEL,
CLERK OF COURTS
m
COLLIER COUNTY, a political
subdivision of the State of Florida
Am -
DEPUTY CLERK
Approved as to form and legality
Assistant County Attorney
RICK LOCASTRO, CHAIRMAN
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
K
Packet Pg. 992
N84°26'50"E--i
130.00'
55' fPL agm9ff �
(ORB 1907, IT. 2221E y
PAR#L Ho. 66679351250 `
DAY COLONY GOLF CLUB INC 44 `
(OAd 2758. PG 2381f l 1
Nod°33'10"W
210.00'
"`..PELICAN MARSH BLVD
(100' slur —of -WAY) ♦1 1
PARCEL K 666792037511
PELICAN Ilal H coo 4 1
PG
-('TCT B' & C
UE 'TRACT1
S84026'50"W
130.00'
20' GOLFCARr PATH
FASEMFNr(P)
�
3 pZm
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I
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n
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Cu 00
` �
.........................
1
o
WESTERLY RIGHT OF WAY
GOODLEI7E FRANK ROAD 1
v
u
1o' 0P)--A
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If
INOTES:
'- N89'3] JI'1Y 772.91'
(BASIS OF BEARINGS)
o r\ PARCEL No_
6fiS79508023 N. LINE OF SECRON 34
o � =.
PELICAN MARSH
P.D.B. GOLTFRAcCTLL1B1 " INC
........ ..................... ............ ....:. PEL W-AN NAA88H........ r
k 20' U711RY FASEMENI' UNIT `;WE NTY SIX
I� -(ORB 1993, PG 1634) (PB 41, PG 42)
.S050331 OT 210.00-- — — —
PELICAN _MARSH BLVD
0' I Ir40' UE(P) (100' RIGHT-OF-WAY)
� i 1
2726
34135
P. D. C.
NORTHFAST CORNER OF SECRON 34,
TOWNSHIP 48 SOUTH, RANGE 25 FAST
COLDER COUNTY, FLORIDA PER THE PLAT
Of PELICAN MARSH GOLF COURSE PHASE ONE,
PLAT BOOK 23, PAGES 40 THROUGH 47,
PUBUC RECORDS OF COLUER COUNTY, FLORIDA
1j PARCEL No. 666794 05 054
PELICAN MARSH CDD
(ORB 2414, PG 3478) Ff
4 ............. 4 "TRACT A" & CUE
.................................... 4 �yFRELW.AN MARSH-:— ................
A UNIT SIX
(PB ?4, PG 50)
1 1 rn�e 0+ do DESCRIBED PARCEL OFLAND
0.� e CON TA INS 0.63ACJ27,300SO. FT:,#
i 1 A� AFs'9�
so
0 50 100 200
E'LY RICH?'-OF-FYAY 1�, ( i
GOODI,E7TE FRANK ROAD I I (INTENDED DISPLAY SCALE: 1 "=200')
1 20' IF &
y UE(P)
d ` 15' UE(P)
20' U17LRY FASEMENT
`(ORB 1993, PC 104)
f4 PARCEL No. 66679301006
PELICAN MARSH GOLF CLUB INC
Ill (ORB 2622, PG 93)
1
GOLF [C,OURSE,
(RB 23, PG 4o)
L
l
1.
THIS IS NOT A BOUNDARY SURVEY, NOR
IS IT INTENDED TO BE
0
USED AS ONE.
2.
BEARINGS SHOWN HEREON ARE BASED ON
FIXING THE NORTH LINE
M
OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
g
COUNTY, FLORIDA, WHEREIN SAID NORTH LINE BEARS N.89'31'31 "W.
i
3.
PARCEL CONTAINS 27,300 SQUARE FEET OR
0.63 ACRES, MORE OR
t
LESS.
4.
P.O.C. = POINT OF COMMENCEMENT
5.
P.O.B. = POINT OF BEGINNING
6.
ORB = OFFICIAL RECORDS BOOK
7.
PB/(P) = PLAT BOOK/PLAT
EXHIBIT
8.
PG = PAGE
i
9.
IE - IRRIGATION EASEMENT
0
10.
CUE = COUNTY UTILITY EASEMENT
11.
LE = LANDSCAPE EASEMENT
M
12.
UE = UTILITY EASEMENT
0
13,
R/W = RIGHT-OF-WAY
>F Z
14.
SO. FT./AC. = SQUARE FEET/ACRES
In
0
15.
NOT VALID WITHOUT SHEETS 1 THROUGH 2 OF 2.
JOHNSON ENGINEERING, INC.
2122 JOHNSON STREET
P.O. BOX 1550
MEEK4EFORT MYERS, FLORIDA 33902-1550
PHONE: (334-0046
ENGINEERING E,B. #6423& L.B. #642
THIS IS NOT A SURVEY.
I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
AND BELIEF, THAT THE LEGAL DESCRIPTION AND
ATTACHED SKETCH WERE PREPARED IN ACCORDANCE:
WITH THE APPLICABLE PROVISIONS OF CHAPTER
5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT
TO CHAPTER 472, FLORIDA STATUTES,
MARK 0. HAINES (FOR -THE FIRMWL.B. 642)
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5312
DATE SIGNED:
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER,
GOODLETTE FRANK RD 1 PELICAN MARSH BLVD - ROAD EASEMENT
SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
02/17/23 20023551--001 34-48-25 1 1"=200' 1 Packet Pg. 993
Ml
0
N
N
LEGAL DESCRIPTION
PELICAN MARSH CDD
GOODLETTE FRANK ROAD RIGHT—OF—WAY
PELICAN MARSH BLVD. — ROAD EASEMENT
SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
A PARCEL OF LAND BEING A PORTION OF THE RIGHT—OF—WAY OF
GOODLETTE FRANK ROAD (130 FEET WIDE), ACCORDING TO THE
PLAT OF FRANK BOULEVARD AS RECORDED IN PLAT BOOK 13, AT
PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LYING IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 34
ACCORDING TO THE PLAT OF PELICAN MARSH GOLF COURSE
PHASE ONE AS RECORDED IN PLAT BOOK 23, AT PAGES 40
THROUGH 47 OF THE AFOREMENTIONED PUBLIC RECORDS; THENCE,
ALONG THE NORTH LINE OF SAID SECTION 34, N.89'31'31 "W.,
772.91 FEET TO AN INTERSECTION WITH THE EASTERLY
RIGHT---OF—WAY OF THE AFOREMENTIONED GOODLETTE FRANK ROAD
(130 FEET WIDE); THENCE ALONG SAID EASTERLY RIGHT—OF—WAY,
S.05'33'1O"E., 190.07 FEET TO THE POINT OF BEGINNING; THENCE,
CONTINUE ALONG SAID EASTERLY RIGHT—OF—WAY, S.05'33'10"E.,
210.00 FEET; THENCE S.84'26'50"W., 130.00 FEET TO AN
INTERSECTION WITH THE WESTERLY RIGHT—OF—WAY OF THE
AFOREMENTIONED GOODLETTE FRANK ROAD (130 FEET WIDE);
THENCE, ALONG SAID WESTERLY RIGHT—OF—WAY, N.05'33' 10"W.,
210.00 FEET; THENCE N.8426'50"E., 130.00 FEET TO AN
INTERSECTION WITH THE AFOREMENTIONED EASTERLY RIGHT—OF—WAY
OF GOODLETTE FRANK ROAD (130 FEET WIDE) AND THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 0.63 ACRES OR 27,300 SQUARE FEET,
MORE OR LESS,
THIS IS NOT A SURVEY.
"NOT VALID WITHOUT SHEETS i THROUGH 2 OF 2.
EXHIBIT
I --A-
I P4 Cr-
;Z Or,-
n SKETCH AND DESCRIPTION
JOHNSON ENGINEERING. INC. GOODLETTE FRANK RD I PELICAN MARSH BLVD - ROAD EASEMENT
2122 JOHNSON STREET
P.O. BOX 1550 SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST
FORT MYERS. FLORIDA 33902-1550 COLLIER COUNTY, FLORIDA
E N G I N E E R I N G PHONE: 4239) 334-U0 2 DATE PROJECT NO. FILE NO. SCALE
E.B. #642 & L.B. �!642
02/17/23 20023551-001 34-48--25 N/A Packet Pg. 994
16. K.3.c
LANDSCAPE MAINTENANCE AGREEMENT
This Landscape Maintenance Agreement is entered into this _ day of , 2023
by and between Collier County, Florida, a political subdivision of the State of Florida whose
mailing address is 3299 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as the
"County"), and Pelican Marsh Community Development District, a community development
district established by Chapter 190, Florida Statutes, whose mailing address is c/o Dorrill
Management Group, LLC, 5672 Strand Court, Suite #1, Naples, FL 34110 (hereinafter referred to
as the "District").
RECITALS:
WHEREAS, County is the owner of that certain right-of-way located in Collier County,
Florida and known as Goodlette-Frank Road (hereinafter referred to as the "GF Road ROW"); and
WHEREAS, for a substantial number of years, the District has installed, constructed,
maintained and currently maintains certain improvements, including but not limited to irrigation
lines, pipes and system and landscaping, their appurtenances and associated improvements, within
the portion of the GF Road ROW described in the attached Exhibit "A"; and
WHEREAS, the parties have entered into: 1. that certain Grant of Easement dated
2023, between the County as Grantor and the District as Grantee encumbering the portion of the
GF Road ROW depicted and described in the attached Exhibit "A"; and, 2. the Express
Reservation Of Uses detailed, described and outlined in that certain Quit -Claim Deed
dated , 2023 between the District as Grantor and the County as Grantee,
recorded at Official Records Book , Page , Public Records, Collier County, Florida,
concerning the portion of GF Road ROW described in the attached Exhibit "B" (the rights, uses,
and grants contained therein hereafter collectively referred to as the "District's Rights Of Use
Documents"), and
WHEREAS, the parties wish to memorialize their understanding that landscape
improvements within the portion of the GF Road ROW described in the attached Exhibit "A" are
to comply with the County handbook titled "Collier County Landscape and Irrigation
Specifications for Beautification Improvements Within the Public Right -of -Way, Collier County,
Florida" (2009)," and its appendices, as may be amended from time to time, after delivery of such
amendments to the District (the "County Specifications") and that the District shall be responsible
to maintain such landscape material and irrigation system until removed, and,
WHEREAS, the County acknowledges and agrees that the existing District landscape
improvements within the portion of the GF Road ROW described in the attached Exhibit "A"
consist of the landscape and irrigation improvements described on the attached Exhibit "C" (the
"Existing Landscape Improvements"); and,
WHEREAS, the County acknowledges and agrees that the District has the right to operate,
maintain, replace, reinstall and reconstruct the Existing Landscape Improvements, subject to the
terms of this Agreement; and
1
Packet Pg. 995
16. K.3.c
WHEREAS, in addition to the above regarding the Existing Landscape Improvements, the
County acknowledges and agrees that the District has the right in the future to place, install and
construct, and thereafter operate and maintain, new or different landscape and irrigation
improvements in the portion of the GF Road ROW described in the attached Exhibit "A", (the
"Future Landscape Improvements"), subject to the terms of this Agreement; and
WHEREAS, the County has inspected and approves the Existing Landscape
Improvements; and,
WHEREAS, the Existing Landscape Improvements and the Future Landscape
Improvements are collectively referred to herein as the "District's Landscape Improvements";
and,
WHEREAS, the County Specifications attached as Exhibit "D" also contain the minimum
standards for maintenance of the District's Landscape Improvements as the District has the
discretion and ability to implement additional maintenance standards.
NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree
as follows:
1. County hereby agrees that the District has the right to use those portions of the GF Road
ROW detailed, described and depicted in Exhibit "A" and the District's Rights Of Use Documents
for the purposes outlined therein and herein.
2. The District agrees to operate, maintain, install and re -install the Existing Landscape
Improvements at its sole cost and expense, until such time as the County executes a release from
indemnification as discussed below.
3. The District agrees to obtain the prior written approval of the County prior to installing
and constructing any Future Landscape Improvements. The District shall provide to the County a
detailed description of the Future Landscape Improvements, which shall be subject to review and
approval by the County. Approval of the Future Landscape Improvements shall not be
unreasonably withheld, however, the County shall require that any Future Landscape
Improvements are consistent with the County Specifications and do not conflict with the structural
integrity of GF Road ROW, in the sole reasonable discretion of the County. Supplements to this
Agreement to reflect such Future Landscape Improvements may be required. The installation,
maintenance and operation of any District Future Landscape Improvements shall be at the sole
cost and expense of the District. The District agrees to operate, maintain, install and re -install
approved District Future Landscape Improvements, until such time as the County executes a
release from indemnification as discussed below.
4. Should the District fail to construct or maintain the District's Landscape Improvements in
accordance with the Specifications or law, the County may provide notice to the District in writing,
specifying the nature of the deficiency. Within five working days following receipt of such notice,
the District at its sole cost shall cause the appropriate repairs or cure to be effected. In the event
damage to, or failure to maintain the District's Landscape Improvements results in a situation
where public safety is at risk, (1) the District shall effect repairs within twenty-four hours of receipt
2
rC
Packet Pg. 996
16. K.3.c
of the County's written notice, or (2) the County may, at its option, effect repairs to the District's
Landscape Improvements, without the need for prior notice to the District, and will promptly bill
the District for all actual costs incurred in effecting the repairs. The District shall reimburse the
County for such costs within thirty days of receipt of the County's bill.
5. Should the County in its sole reasonable discretion determine that the District's Landscape
Improvements need to be removed for purposes including maintenance, inspection, repair,
construction and construction related activities, conflict with operation of GF Road ROW, and
expansion of GF Road ROW, the County shall provide written notice to the District to remove the
District's Landscape Improvements, which the District shall do at their sole cost and expense
within a reasonable time frame provided by the County, but no less than fifteen (15) days. The
County will provide at least thirty (30) days written notice to the District for removal of the
District's Landscape Improvements when required for pre -planned construction activities,
including expansion of GF Road ROW. If the District does not effect removal of the Districts'
Landscape Improvements within the time frame provided by the County, the County may, at its
option, effect removal of the District's Landscape Improvements, without the need for additional
notice to the District, and will promptly bill the District for all actual costs incurred in effecting
the removal. The County shall not be responsible for the restoration or reinstallation of the
District's Landscape Improvements.
6. The District, as Indemnitor hereunder, to the extent authorized or provided by Florida law,
and without expanding or enlarging the limited waiver of sovereign immunity in Section 768.28,
Florida Statutes, shall indemnify and save harmless the County, as Indemnitee hereunder,
including all employees of the County, from any loss or damages Indemnitee may suffer as a result
of claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs, or judgments,
including attorneys' fees and costs of litigation, against the County arising out of the District's use
of the GF Road ROW for the purposes set forth in this Agreement, relating to the construction and
removal of the District's Landscape Improvements. The Indemnitee shall not undertake to settle
any lawsuit or threatened lawsuit that could give rise to Indemnitor's obligation hereunder without
the prior consent of Indemnitor, such consent to not be unreasonably withheld.
7. The indemnity provided for by this Agreement will extend from the date of this Agreement
until such time as the parties hereto acknowledge in writing that the District has ceased to use the
GF Road ROW for the landscaping purposes stated within this Agreement and the GF Road ROW
has been restored as set forth below, at which time, following receipt of the District's written
request, the County will execute a release from indemnification in favor of the District.
8. Indemnitee agrees to give Indemnitor written notice of any claims filed against the County
in connection with this Agreement, within thirty days of the date that County is aware of such
claim.
9. Unless terminated as set forth below, this Agreement shall remain in full force and effect
in perpetuity from the date first set forth above, and shall be binding upon the parties and all their
successors in interest. The Agreement may be freely terminated as of right by either party, with or
without cause, upon not less than thirty (30) days written notice to the other. If the District
3
Packet Pg. 997
16.K.3.c
exercises this right, or if the County exercises this right based upon the District's substantial breach
of this Agreement, then upon written demand by County, the District, at its sole cost and expense,
shall remove the District's Landscape Improvements. If the County exercises this right, or if the
District exercises this right based upon the County's substantial breach of this Agreement, then
the County will be responsible for any removal of the District's Landscape Improvements or
restoration of the GF Road ROW. Except for the above, neither party will be liable to the other
for any damages or claims resulting from the termination of this Agreement.
10. In the event either party hereto shall institute legal proceedings in connection with, or for
the enforcement of, this Agreement, the prevailing party shall be entitled to recover its costs of
suit, including reasonable attorney's fees, at both trial and appellate levels. The County and the
District will amicably attempt to resolve any conflicts that arise out of this Agreement. If the
County and the District cannot resolve a conflict, the Parties will then participate in voluntary
mediation in an attempt to resolve any such conflicts. If voluntary mediation is unsuccessful, , the
Parties will utilize Chapter 164, Florida Statutes for the enforcement of this Agreement.
11. This Agreement may be recorded by the County in the Official Records of Collier County,
Florida. The District shall pay all costs of recording this Agreement prior to the execution of this
Agreement. A copy of the Recorded Agreement will be provided to the County.
12. Other than the District's Rights Of Use Documents, this Agreement is the entire agreement
between the parties, as to the District's Landscape Improvements and supersedes all previous oral
and written representations, agreements and understandings between the parties. This Agreement
shall be governed by the laws of the State of Florida, and may not be altered or amended in any
way, save by written agreement signed by both parties.
13. The rights and obligations of this Agreement shall bind and benefit any successors or
assigns of the parties.
In Witness Whereof, the parties have caused these presents to be executed on the day and
date first above written.
[BALANCE OF PAGE INTENTIONALLY BLANK]
[SIGNATURES ON FOLLOWING PAGES]
4
Packet Pg. 998
16. K.3.c
ATTEST: COLLIER COUNTY, a political subdivision
CRYSTAL K. KINZEL, of the State of Florida
CLERK OF COURTS
By: By:
DEPUTY CLERK RICK LOCASTRO, CHAIRMAN
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
ATTEST: PELICAN MARSH COMMUNITY
DEVELOPMENT DISTRICT, a community
development district of the State of Florida
By: a By:
SECRETARY/ASST. SECY. ��(,�wA S CHAIR/V4GFrGRA4R
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before me by means of t/ physical presence or ✓
online notarization, this -9'1day of --�LtjtA 2023, by jriveGel ..e-, as
Chair/Viee-Ghw of the PELICAN MARSH CO ITY DEVELOPMENT DISTRICT. He is
personally known to me and did take an
i
,� 'Pbt�-�
Notary (�
Print Name: 1
MONIQUE ROWELL
Notary Pubde • State Of Florida Notary Publi
,�. Commission N HH 45035 Commission NO. ltk
' cr ry�•� My Comm. Expires Feb 16, 2025
6ornded through Njtional Natary Assn. (SEAL)
My Commission Expires:
Approved as to form and legality
Assistant County Attome
",� -,,,
Packet Pg. 999
16.K.3.c
f I r--
N84°26'50"E
' mL MSUM r130.00'
(ORB 1907,, PG. Z?R#PARCEL No. 66V935125BAY COLONYGOIF CLUB Il
(CBB 275E, PG 2381) I 1
N0503310"W
210.00' l
'--,:'-...PELICAN MARSH BLVD
(100' RIGHT-OF-WAY) q0I I
1:h
PARCEL No. (BASISOFBEARING5)
66679508029 N. LINE' OF SEC770N ,34
PELICAN MARSH
GOLF CLUB INC
;TRACT 1"
.......... PELi -AN ME'-a"pI .............nL(rYEASEMENTUr11r T:-E; TY S!X
1993,PC 1634) (t B 41. PC 42)
05°33'10% 210.00'—R�PELICAN MARSH BLVDUE(P) (100' RIGHT-OF-WAY)
P PELICAN V6667 66679203751
'(ORB CTI B' k CUES) 7RA
S84026'50"W d
130.00'
i 20' GOLFCART PATH s l 11 a r3
EASEMENT(P) :g 3
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7
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7V
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_ U TI --4I { _•.•
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frl
_rt \
m WESTERLY RIGHT—OF—WAY
c GOODLETTE FRANK ROAD
10' IE(P)—A1
� � r
o /
12
2726
34 35
P. 0. C.
NORTHEAST CORNER OF SECTION 34,
TOWNSHIP 48 SOUTH RANGE 25 FAST
COLLIER COUNTY, FLOR10A PER THE PLAT
OF PELICAN MARSH GOLF COURSE PW4' ONE
PLAT BOOK 23, PAGES 40 THROUGH 47,
PUBLIC RECORDS OF COLLIER COUNTY, AORIDA
Y
11
PARCEL No. 66679450054�
PELICAN MARSH CDD
(ORB 2414, PG 3478) �{
TRACT A" & CUE
4 ryF
....................... ^L.:
yy A
1 l ECG �4
U:IIT six
i ;PR
i
ryq'�o y
DESCRIBED PARCEL OFLAND
CONTAINS 0.63AC./27,300 SQ.
4 1 AjCLT
6AFs�9ps I I
`s, �s, I I
El Y RIGHT—OF—WAY
4 GOODLERr FRANK ROAD
20' LE &
UE(P) --
0 so 100 200
(INTENDED DISPLAY SCALE: 1 "=200')
15' UE(P)
�20' U77LITY EASEUENT
(ORB 199J, PC 1634)
PARCEL No. 66679301006
PELICAN MARSH GOLF CLUB INC
(ORB 2672. PG 93)
i
....................................�
GOLF COURSE,
PHASE ONIE
o (P:3 23, PC 40)
i
4
0 1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO BE
o USED AS ONE.
2. BEARINGS SHOWN HEREON ARE BASED ON FIXING THE NORTH LINE
N OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
o COUNTY, FLORIDA. WHEREIN SAID NORTH LINE BEARS N.89'31'31 "W.
i 3. PARCEL CONTAINS 27,300 SQUARE FEET OR 0.63 ACRES, MORE OR
2 LESS.
4. P.O.C. = POINT OF COMMENCEMENT
5. P.O.B. = POINT OF BEGINNING
6. ORB = OFFICIAL RECORDS BOOK
7. PB/(P) = PLAT BOOK/PLAT
8. PG = PAGE EXHIBIT
i 9. IE = IRRIGATION EASEMENT
S 10, CUE = COUNTY UTILITY EASEMENT
11,LE = LANDSCAPE EASEMENT
M 12. UE = UTILITY EASEMENT
N
THIS IS NOT A SURVEY.
I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
AND BELIEF, THAT THE LEGAL DESCRIPTION AND
ATTACHED SKETCH WERE PREPARED IN ACCORDANCE
WITH THE APPLICABLE PROVISIONS OF CHAPTER
5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT
TO CHAPTER 472, FLORIDA STATUTES.
MARK D. HAINES (FOR THE FIRM L.B. 642)
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5312
DATE SIGNED:
3. R/W = RIGHT—OF—WAY C.��, NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
4. SQ. FF./AC. = SQUARE FEET/ACRES RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
5. NOT VALID WITHOUT SHEETS 1 THROUGH 2 OF 2. AND MAPPER.
SKETCH AND DESCRIPTION
ON ffm JOHNSON ENGINEERING. INC. GOODLETTE FRANK RD I PELICAN MARSH BLVD - ROAD EASEMENT
2122 JOHNSON STREET
P.O. BOX 1550 SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST
FORT MYERS, FLORIDA 33902-1550 COLLIER COUNTY, FLORIDA
33-0046
ENGINEERING E.B"#6423& L.B4 #642 GATE PROJECT NO. FILE NO. JSCILE-200'�
SHEET
02/17/23 20023551-001 34-45-25
Packet Pg. 1000
16.K.3.c
LEGAL DESCRIPTION
PELICAN MARSH CDD
GOODLETTE FRANK ROAD RIGHT—OF—WAY
PELICAN MARSH BLVD. — ROAD EASEMENT
SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
A PARCEL OF LAND BEING A PORTION OF THE RIGHT—OF—WAY OF
GOODLETTE FRANK ROAD (130 FEET WIDE), ACCORDING TO THE
PLAT OF FRANK BOULEVARD AS RECORDED IN PLAT BOOK 13, AT
PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LYING IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 34
ACCORDING TO THE PLAT OF PELICAN MARSH GOLF COURSE
PHASE ONE AS RECORDED IN PLAT BOOK 23, AT PAGES 40
THROUGH 47 OF THE AFOREMENTIONED PUBLIC RECORDS; THENCE,
ALONG THE NORTH LINE OF SAID SECTION 34, N.89'31'31 "W.,
772.91 FEET TO AN INTERSECTION WITH THE EASTERLY
RIGHT—OF—WAY OF THE AFOREMENTIONED GOODLETTE FRANK ROAD
(130 FEET WIDE); THENCE ALONG SAID EASTERLY RIGHT—OF—WAY,
S.05'33'10"E., 190.07 FEET TO THE POINT OF BEGINNING; THENCE,
CONTINUE ALONG SAID EASTERLY RIGHT—OF—WAY, S.05'33'10"E.,
210.00 FEET; THENCE S.8426'50"W., 130.00 FEET TO AN
INTERSECTION WITH THE WESTERLY RIGHT—OF—WAY OF THE
AFOREMENTIONED GOODLETTE FRANK ROAD (130 FEET WIDE);
THENCE, ALONG SAID WESTERLY RIGHT—OF—WAY, N.05'33'10"W.,
210.00 FEET; THENCE N.84'26'50"E., 130.00 FEET TO AN
INTERSECTION WITH THE AFOREMENTIONED EASTERLY RIGHT—OF—WAY
OF GOODLETTE FRANK ROAD (130 FEET WIDE) AND THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 0.63 ACRES OR 27,300 SQUARE FEET,
MORE OR LESS.
EXHIBIT
A
THIS IS NOT A SURVEY.
"NOT VALID WITHOUT SHEETS 1 THROUGH 2 OF 2.
SKETCH AND DESCRIPTION
JOHNSON ENGINEERING, INC.
Efft
� 2122 JOHNSON STREET GOODLETTE FRANK RD I PELICAN MARSH BLVD -ROAD EASEMENT
P.D. BDX 1550 SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST
FORT MYERS, FLORIDA 33902 f 550 COLLIER COUNTY, FLORIDA
PHONE. (239) 334-00
ENGINEERING DATE PROJECT NO, FILE NO. SCALE SHEET
E.B. �642 do L.B. #642
02/17/23 2002365E-001 1 34-48-25 N/A
Packet Pg. 1001
16.K.3.c
27 26
N89"31 'W 7 31 72.91 '
N84026'50"E S05733'IO'F 34 35
PARCEL No. (BASIS OF 8£ARINGS)
PA1RCEIL No. 66679351250 130.00' 1 y 120.07' 66679508029 N. LINE OF SECTION 34 AQ•C•
BAY COLONI OOLF CLUB INC l PELICAN MARSH NORTHEAST CORNER OF SEC71ON 34,
(ORB 2756, PO 2381) GOLF CLUB INC FOWNSHIP 48 SOUTH RrWGE 25 EAST
P. Q.B. TRACT 1 'iR
" COLLIER COUNTY, FLORIDA PER THE PLAF
SH ..,.......
OF PELlGW MARSH GOLF COURSE PHASE ONE,
PARCEL N0. 66679203751 20' UTR11Y E45SWENT U 3IT TWENTY SIX PLAT BOOK 23, PAGES 40 THROUGH 47,
PaW LOSH COD 4 �--(ORB 1993, PG 1634) (PB 41, ?G 42) PUBLIC RECORDS OF COLLIER COUNTY FLORIDA
fOR1RACt1B &CUEaJ 1 — 4 — — — — — — — — — — — —
PELICAN _MARSH BLVD
"TELICAN M90 BLVD 10Uf(P) (100' RIGHT—OF—WAY)
(100' RIGHT-OF-WAY)FF
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k PELICAN MARSH CDD
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II 130.00' PARCEL No. 66679301006
PELICAN MARSH GOLF CLUB INC
/ j f (ORB 2622, PG 93)
[VOTES:
I. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO BE
USED AS ONE,
2. BEARINGS SHOWN HEREON ARE BASED ON FIXING THE NORTH LINE
OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, WHEREIN SAID NORTH LINE BEARS N.89'31'31 "W.
3. PARCEL CONTAINS 131,282 SQUARE FEET OR 3.01 ACRES, MORE
OR LESS.
4. P.O.C. = POINT OF COMMENCEMENT
5. P.O.B. = POINT OF BEGINNING
6. ORB = OFFICIAL RECORDS BOOK
7. PB/(P) = PLAT BOOK/PLAT
8. PG = PAGE
9. LE;: = IRRIGATION EASEMENT
10, CUE = COUNTY UTILITY EASEMENT
11. LE = LANDSCAPE EASEMENT
12. UE = UTILITY EASEMENT
13. R/W = RIGHT-OF-WAY
14. SO. FT./AC. = SQUARE FEET/ACRES
15, NOT VALID WITHOUT SHEETS 1 THROUGH 2 OF 2.
I ENGINEERING
JOHNSON ENGINEERING, INC.
2122 JOHNSON STREET
P.O. BOX 1550
FORT MYERS, FLORIDA 33902-1550
PHONE: (239) 334-0046
E.B, #642 & L.B. #642
THIS IS NOT A SURVEY.
I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
AND BELIEF, THAT THE LEGAL DESCRIPTION AND
ATTACHED SKETCH WERE PREPARED IN ACCORDANCE
WITH THE APPLICABLE PROVISIONS OF CHAPTER
5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT
TO CHAPTER 472. FLORIDA STATUTES.
MARK D. HAINES (FOR THE FIRM L.B. 642)
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5312
DATE SIGNED:
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER.
SKETCH AND DESCRIPTION
GOODLETTE FRANK R1W - RELEASE PARCEL
SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
02/17/23 20023551-001 34-48-25 1 1"=200' 1 1 OF 2
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LEGAL DESCRIPTION
PELICAN MARSH CDD
GOODLETTE FRANK ROAD RIGHT—OF—WAY
RELEASE" PARCEL
SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
A PARCEL OF LAND BEING A PORTION OF THE RIGHT—OF—WAY OF
GOODLETTE FRANK ROAD (130 FEET WIDE), ACCORDING TO THE
PLAT OF FRANK BOULEVARD AS RECORDED IN PLAT BOOK 13, AT
PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LYING IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 34
ACCORDING TO THE PLAT OF PELICAN MARSH GOLF COURSE PHASE
ONE AS RECORDED IN PLAT BOOK 23, AT PAGES 40 THROUGH 47
OF THE AFOREMENTIONED PUBLIC RECORDS; THENCE, ALONG THE
NORTH LINE OF SAID SECTION 34, N.89'31'31 "W., 772.91 FEET TO
AN INTERSECTION WITH THE EASTERLY RIGHT—OF—WAY OF THE
AFOREMENTIONED GOODLETTE FRANK ROAD (130 FEET WIDE);
THENCE ALONG SAID EASTERLY RIGHT—OF—WAY, S.05'33'10"E.,
120.07 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUE
ALONG SAID EASTERLY RIGHT—OF—WAY, S.05'33'10"E., 1,009.86
FEET; THENCE S,84'26'50"W., 130.00 FEET TO AN INTERSECTION
WITH THE WESTERLY RIGHT —OF ---WAY OF THE AFOREMENTIONED
GOODLETTE FRANK ROAD (130 FEET WIDE); THENCE, ALONG SAID
WESTERLY RIGHT—OF—WAY, N.05'33' 10"W., 1,009.86 FEET; THENCE
N.84'26'50"E., 130.00 FEET TO AN INTERSECTION WITH THE
AFOREMENTIONED EASTERLY RIGHT—OF—WAY OF GOODLETTE FRANK
ROAD (130 FEET WIDE) AND THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 3.01 ACRES OR 131,282 SQUARE FEET,
MORE OR LESS,
THIS IS NOT A SURVEY.
"NOT VALID WITHOUT SHEETS 1 THROUGH 2 OF 2.
ENGINEERING
JOHNSON ENGINEERING, INC.
2122 JOHNSON STREET
P.O. Box 1550
FORT MYERS. FLORIDA 33902-1550
PHONE; (239) 334-0046
E.B. #642 & L.B. #642
EXHIBIT
GOODLETTE FRANK RIW - RELEASE PARCEL
SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
TE PROJECT NO. FlLE NO. SCALE ISHEET
02/17/23 20023551-001 34-48-25 N/A Packet Pg. 1003
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EXHIBIT "C"
7/13/2023
The area of Pelican Marsh Blvd underneath the Goodlette Bridge currently has the following
plants in the landcape that the Pelican Marsh CDD maintains:
Arboricola
Blue Plumbago
Saw Palmetto
Dwarf Fakahatchee Grass
Primrose
Seagrape
These landscape areas are irrigated with ReClaim Irrigation Quality Water off of the Pelican
Marsh CDD's irrigation system.
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EXHIBIT "D"
RIGHT OF WAY LANDSCAPE MAINTENANCE SPECIFICATIONS
These specifications are intended to provide the information by which private entities may understand the minimum
requirements of Collier County relative to maintaining County rights of ways. Records of all specification requirements
shall be kept and made available to the County's representative upon request.
A. MOWING AND EDGING: Mowing and edging shall include medians as well as those areas, if existing, along
the outside edge of the sidewalks of adjacent properties. All turf shall be mowed with mulching type mower
equipment to eliminate the need to bag and transport grass clippings, Should bagging be necessary, the bagged
clippings shall be collected and removed at no additional cost. Grass shall be cut at a height of three and one half
inches (3 %"). The frequency of cutting will be weekly or fifty-two (52) times.
Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs,
around all planting beds, utility service boxes, streetlight bases, sign posts, headwalls, guardrails, timer pedestals,
posts, and trees. Metal blade edging is not permitted along back of curbing. Grass root runners extending into
the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all
turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, signposts, manholes, etc, where they exist.
All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used
for edging.
All sidewalks, curbing and/or gutters shall be cleaned after each service. All sidewalks shall be blown clean, but
no clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate
on right-of-way areas.
B. WEEDING: Weeding of plant beds, sidewalks (asphalt, concrete or pavers), guardrail bases, and curb joints as
well as other mulched areas by chemical and/or hand removal will be performed weekly or as necessary to provide
a weed free and well -maintained area.
C. GENERAL SITE PRUNING: General site pruning shall be defined as the pruning of any plant's foliage below
ten -foot (10') foot.
All groundcovers, shrubs, canopy trees and palms up to ten -foot (10') level, shall be inspected and pruned on a
weekly or an as needed basis, so to maintain the proper or required heights for visibility, vehicular movement
purposes and desired shape or form as determined by County's representative. Pruning shall also include removal
of water sprouts, suckers and any dead or diseased foliage or branches,
During the first week of October and April, ornamental grasses, such as Fountain grass, Florida Gamma or
Fakahatchee grass shall be pruned in a pyramid shape to a twelve -inch (12") or twenty-four (24") height based
upon the type of plant. Ornamental type grasses such as Liriope muscari `Evergreen Giant', shall only he pruned
at the direction and approval of the County's representative.
Plant material with a canopy over pedestrian sidewalks shall be maintained at a minimum height of one hundred
twenty inches (120"). Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to maintain
one foot (1') of clearance from the edge of the pathway. 1T is recommended that adjacent shrubs and
groundcovers be maintained so that they angle or are rounded away from the pathway.
D. TRASH REMOVAL: With each service, all sites shall be cleaned by removing all trash or debris to include,
but not limited to; paper, bottles, cans, other trash, and horticultural debris. All debris or trash pick-ups shall be
performed "prior" to mowing in all turf areas. The disposal of all trash and debris must be at a proper landfill or
disposal site.
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E. STREET CLEANING/SWEEPING: Street Cleaning: A four foot (4') wide area measured from the face of the
curb and gutters including turn lanes shall be cleaned with each site service to remove any accumulation of debris
or objectionable growth so to maintain a neat and safe condition.
F. TRAFFIC CONTROL: The Association shall comply with the requirements of Collier County Maintenance of
Traffic (MOT) Policy, copies of which are available through Risk Management or the Purchasing Department.
The Association shall obtain and review the County MOT policy requirements prior to submitting a bid.
The Association will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway &
Traffic Design Standard Indexes, or other related documents, so to become familiar with the requirements. Strict
adherence to the requirements of the MOT policy will be enforced under this Contract.
To assist in employee visibility, employees servicing the area shall wear high visibility safety apparel in
compliance with the most current editions of the FDOT Design Standards and the Collier County Maintenance
of Traffic (MOT) policy.
G. CANOPY TREE AND PALM PRUNING: For this site, canopy trees shall be defined as any large shrub, tree,
or palm with foliage above a ten -foot (10') level.
All canopy trees and palms shall be pruned on a continuous basis to create and maintain a seventeen -foot (17')
canopy clearance over the roadways and a ten -foot (10') canopy clearance over all pathways. Canopy trees shall
be selectively pruned twice per year in April and September so to thin the interior canopy of cross branching and
to shape the canopy of the trees. The County's representative shall approve a professional licensed to prune tress
under the direction of a Licensed Landscape Architect, Arborist, Tree Surgeon, or other approved professional
shall do the pruning and sharpening. The work shall be performed per ANSI AS300 "Standard Practices for
Trees, Shrubs, and other Woody Plant Maintenance" and done in a professional manner in accordance with
"Pruning Standards" of the national Arborist Association or accepted local trade standards and practices.
Palms shall be pruned annually during June of each year. The palms shall be pruned to a "Tropical Cut" or to a
nine (9) o'clock- three (3) o'clock angle from the horizontal at the base of the palm's bud or lowest fronds.
Approximately seven (7) to (10) ten green fronds shall be left at the head after pruning. The pruning shall include
removal of all nuts, seed stalks, brown or dead and lower fronds.
The work shall be done in a professional manner in accordance with acceptable trade standards and practices.
The palms shall not be climbed with tree spikes to remove the fronds. The pruning shall be accomplished by the
use of a ladder, boom truck or lift. All debris from the pruning shall be removed and the site shall be left on a
clean and neat manner.
When the annual or bi-annual heavy pruning work is being performed with the use of a lift or boom truck, it is
required that the adjacent traffic or turn lane to the work area, be closed using traffic control devices and signage
per the current FDOT traffic control standards and indexes.
H. FERTILIZATION: The application of fertilizers shall follow Ordinance No. 2019-18. No Applicator shall
apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the Prohibited
Application Period, or to saturated soils. Follow UFIIFAS guidelines for turfgrass fertilization.
Contractor/subcontractor must have valid licenses issued by Florida Department of Agriculture and Consumer
Services for Limited Urban Commercial Fertilizer Applicator Certification (FDACS LUFAC). Provide
fertilization services four (4) times a year in March, June, September, and December. Only twice (2) a year if
using six (5) month application rate. Nitrogen content in any fertilizer must be at a minimum of 50% slow release.
Contractor shall ensure that fertilization scheduling does not exceed the fertilizer label rate prescribed and
complies with state and local ordinances. It is important to note that local fertilizer regulations may prohibit the
use of nitrogen fertilizers during the summer months. Applied at a rate of 1.5 lbs. per 100 square feet. Broadcasted
throughout the planting beds and turf areas. All tree pit areas should be fertilized evenly.
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No fertilizer ring around trees under any circumstances. If a ring is formed, contractor/subcontractor is required
to return to the site and spread the fertilizer correcting the situation at their expense. This may include
contractor/subcontractor purchasing additional fertilizer because applied fertilizer may not be able to spread.
Immediately remove fertilizers from curbs and sidewalk areas to avoid staining.
Fertilization Applications
Contractor/subcontractor shall use deflector shields on all application equipment to minimize the inadvertent
application of fertilizer in non -plant areas, Contractor shall blow, sweep, or wash back into the landscape any
fertilizer deposited on paved or impervious surfaces, Use "Ring of Responsibility" around or along the shoreline
of canals, lakes, or waterways.
Ensure fertilizers and other lawn chemicals do not come into direct contact with the water. Apply fertilizer only
when plants are actively growing. Clean up spilled fertilizer materials immediately as per University of Florida
WAS recommendations. Store nitrate -based fertilizers separately from solvents, fuels, and pesticides, because
nitrate fertilizers are oxidants and can accelerate a fire. After fertilizing (other than when watering restrictions
apply), irrigate with at least a quarter inch (1/4") of water following fertilization to avoid the loss of nitrogen and
increase uptake efficiency. If water restrictions apply, the contractor may irrigate as permitted but no more than
one-half inch (1/2") following fertilization.
Do not exceed the annual nitrogen recommendations in the Fertilizer Guidelines for Established Turfgrass Lawns
in Three Regions of Florida as provided on the label.
Bed, Tree, Shrub, Palm, Flower, Groundcover Fertilization
Broadcast fertilizer uniformly over all the landscaped areas, and consider root location, fertilization objectives,
and plant species when applying fertilizer. In areas where tree or shrub fertilization zones overlap with lawn
fertilization zones, the contractor shall fertilize one or the other of the plant types, but not both.
Palm Fertilization
Palms have different nutritional requirements from other landscape plants. They suffer quickly and conspicuously
from inadequate mineral nutrition, whether due to insufficient or incorrect fertilization. Division's Landscape
Supervisor will provide the fertilization schedule.
Note: Fertilize palms with a granular slow -release fertilizer three to four times per year. An acceptable
formulation is 8-0-12-4 (N, P, K, Mg plus micro -elements), 50% Slow Release,
Turf Fertilization
Treat deficiencies of specific nutrients with applications of the lacking nutrient in accordance with University of
Florida IFAS recommendations until deficiencies are corrected, or as directed from Division Landscape
Supervisor. Must have prior approval. Adjust fertilizer rates according to health, maturity, and desired growth
patterns.
Fertilization for Establishment
During the establishment phase for shrubs, trees, and ground covers, fertilize landscape plants with a slow -release
fertilizer as per University of Florida IFAS recommendations. Shrubs and groundcovers shall have the fertilizer
blown or fan raked off following the broadcast application. Immediately after the fertilizer is applied, the areas
shall be watered.
H. MULCHING: Organic Mulch Areas with no mulch or new planting areas shall have mulch placed to provide
for a four inch (4") non -compacted or unsettled depth measured from the existing soil grade. The area to receive
the mulch shall be raked level to establish the proper finished grade and have all weeds removed prior to the
placement of the mulch. Two inches must be applied to replenish this mulch twice a year, November and during
May.
I. LANE CLOSURE: Lane closure for median maintenance shall comply with the most current editions
of the FDOT Design Standards and the Collier County Maintenance of Traffic (MOT) policy.
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IRRIGATION SYSTEMS: The irrigation systems shall be checked and repaired as necessary. Each zone shall
be manually turned on at the valve once a week and a thorough inspection conducted to ascertain proper operations
of the system. Quick coupling valves, if existing shall be reviewed weekly and operated quarterly to insure proper
operation. Maintenance responsibilities will include cleaning and adjustment of heads, nozzles, installation or
replacement of risers, repair of minor PVC piping breaks or subsurface piping or restricted sprinkler lanes,
replacement of damaged valve boxes/lids and adjustment of controller and rain shut off switches for settings and
operations. Where required, the Association shall maintain on site reclaimed water irrigation signage.
SUBSURFACE IRRIGATION SYSTEMS:
No excavation or mechanical metal edging around plant beds shall be done within the Right-of-way. Mechanical
metal blade edging is permitted along the back of curbing.
Weekly Service Requirements:
I . A visual inspection of the subsurface irrigation systems shall be performed weekly to determine if the systems
are functioning normally and if cuts, leaks, piping damage, flooded areas exist, and repair as necessary. This
shall also include review and re -setting of the controller and in -ground moisture sensor adjustments or other
rain sensing devices as needed.
System Computer/Controller
a. Operate, adjust, and set controller to provide proper operation of the systems.
b. Diagnose and repair electrical and mechanical malfunctions.
c. Monitor and adjust the system zones moisture levels based upon moisture sensor readings
d. Operate controller on automatic, manual, and single trip operation.
e. Monitor controller standby battery backup and replace as required.
3. Automatic Control Assemblies and Quick Coupling Valves
a. Review control valve assembly and by-pass system for proper settings.
b. Open zone control valve assemblies and quick coupling valve boxes to review valves for
leaks; pressure gauge operation; proper settings and are clean of debris or mulch.
4. Pump Sites
a. Inspect for proper operations.
b. The Association shall record and provide to the County's representative the well water flow meter
readings for the two well locations on the General Maintenance Report Sheets,
S. Review system water source connections to include water meters, backflow preventers, gate valve points of
connection and main lines for proper operation.
Monthly Service Requirements:
I. Automatic Control Valve Assembly
Manually operate valves, and clean valve assembly filters.
2. Backflow Assembly
Review assembly for proper operation and clean filter as needed.
3. Quick Coupling Valves
Review boxes and operate valve.
4. Pump Sites
a. Once a month, the Association will trouble shoot each pump station, checking amperage draw and
document the results for future reference.
b. Manually run the system to ensure proper coverage and that no sprinkler head and nozzle are
spraying onto the roadway. Clean and adjust sprinkler heads and nozzles and irrigation shields to
ensure proper coverage.
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c. The Association will check all zone wiring and solenoid conditions through the use of an OHM
meter and document the results for future reference.
d. The Association will clean the strainers filters and inspect them for wear at the Pump Station.
Manually run the system with open flush caps and review sprinkler head indicators located at the end of
zones.
Review pressure gauge readings at control valve assemblies for each zone, as well as gauges located at
the end of zones where present to determine the system and porous piping is functioning properly.
Check, analyze and adjust flow control devices as required.
Quarterly Service Requirements:
I. Review all subsurface system piping, valve assemblies, wiring, moisture sensors and controllers for
overall operation and provide adjustments as required to assure proper operation and irrigation
application.
Conventional Pop-up Irrigation Systems:
Weekly Service Requirements:
I, Each median zone shall be manually turned on at the valve to ascertain proper operation of the system.
2. Repair system for any blown -off heads, broken lines or leaks around heads or valves.
3. Check the controller and rain sensing devices for proper operation and settings.
4. The Association shall further adjust all sprinkler heads to ensure that all landscaped areas receive one
hundred percent (100%) irrigation coverage.
5. Within all work areas the Association shall review the plant material and turf for dry conditions and if
found correct the problem.
Monthly Service Requirements:
I . Manually run the system, clean and adjust sprinkler heads/nozzles and concrete donuts as necessary to
ensure proper coverage and that there are no sprinkler heads/nozzles spraying directly onto the roadway.
a. Each median and side right-of-way zone shall be manually turned on at the valve to ascertain proper
operation of the system.
b. Repair system for any blown -off head, broken lines or leaks around heads or valves.
c. Check the controllers and rain sensors for proper operation and settings.
d. The Association shall further adjust all sprinkler heads to ensure that all landscaped areas receive
one hundred percent (100%) irrigation coverage.
e. Within all work areas the Association shall review the plant material and turf for dry conditions and
if found correct the problem.
General Service Requirements for Irrigation Systems:
1. Should South Florida Water Management District or other governing agency establish water restrictions,
the irrigation systems shall be inspected, and all other controllers set to the mandated hours of operation
set by the District or Agency. Subsurface systems are exempt from water restrictions.
2. Replace defective heads or nozzles, install, or replace defective risers and repair minor breaks or
restricted sprinkler lines.
3. Replace damaged valve boxes/lids if caused by the Maintenance Association.
4. Inspect, clean, and replace, if necessary, screen/filters within the sprinkler heads.
5. Keep all grass and mulch out of all valve boxes. All valve boxes in sod areas are to be kept at sod level.
All valve boxes in plant beds are to be kept two inches (2") above finished mulch.
6. One hundred percent (100%) irrigation coverage shall be maintained within all irrigated landscaped areas
while this Contract is in effect.
Notification to the County's representative is required when acts of vandalism or accidents have occurred
to the irrigation system. Photos shall be taken and provided to the County's representative at no added
cost.
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Miscellaneous Irrigation Maintenance Responsibilities:
1. Should the temperature be forecast to be below thirty-four (34) degrees, the Association shall be
responsible for turning the irrigation system off to protect plants from possible freeze damage.
2. It shall be the Association's responsibility to notify the County's representative of any irrigation
problems or additional irrigation maintenance needs.
3. The irrigation service personnel must trouble shoot time clocks, i.e., power -in 110 volt and 24-volt fuses,
24 volts output when necessary.
4. The irrigation services personnel must trouble shoot any pump start relay, main fuses, and capacitors
when necessary.
K. BRICK PAVERS: All median brick paving shall be pressure cleaned twice per year, in April and November, to
remove marks, gum and other dirt that may be deposited on the surface areas. Upon finding damaged areas, the
Associations shall clean-up debris if present, and or flag off the areas with protective barriers and/or high visibility
hazard tape. Damaged areas must be repaired as quickly as possible.
L. PEST CONTROL: Trees, Palms, Shrubs, Groundcovers, and Sod must be closely monitored for pests and
diseases and must be treated appropriately by a licensed Pest Control Operator approved by the County's
representative.
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