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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 _ o 20' GOLFCART PATH Is FISEMENT(P) I W � I o a 171 �ry Y 17- i" 7 - (PA �. °W�tq Amino in n _A1 f in \ r,� 1.........................� �. WESTERLY RIGHT-OF-WAY GOODLETTE FRANK ROAD t yy((�� 10' IE(P)—'A 27 ► '1O'E N89 ;31 '31 'tN 772.91 ' 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 10AP .... i c �a c a� E W U) w m c a� c 0 U a� �L m Y c L w m a� 0 0 N M LO N W m 0 E U Cl c m E t R Q Mi Packet Pg. 971 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 � xltc. . � T 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 ID7tE.r.� �f7A1971r 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 L '1IYiiYw-1�/Y.iMR\Y7 4, �". M..7• .V• 1Y Re ran AS Sketch'File No. 3714-80 apA/AA1pa 06-0411.DE5192 loft 1� C411 4tf Packet Pg. 9 57 16.K.3.a it=�i1•: � t .t,� NuF�'�c { �AMC'�E1�61.� � N�RFhsAti L PA 2. s r� W �O � + tll s+ • ti3o.00 C 0 N 0 ' 0 " S erj 2l. 8s' W N tio4V%d. vlY Lwv_ ajf C, rs.r a lac.}ion s "&%e it zsE Atmr,Ys+ rA -�% R eW .for. pro}est t — 1t Q.ac� t yS . rdue: agnoli, barber & brundage,inc.ld: book:pinnnora, & land surroyot�1'�� �0 pogo: •• •• ��,.,1.• tlnrlAn 53AA] (�1t5 • 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 -*141-y L,+ N.R�hsfK �iAR�Cl� �3h`1'40� RtS�! 7 L� r d •O 'l 13p.aa � ! O.OLl s 15p�$t �b0.t1�1wj� BwS�' Zk. 9t' W 11k �1,s.r1Y �l,►n[, a1\#►.er.+ t�N�P"r-r aF I t tja��C,A.`ary� 9. Z.55 1 g2�"vt tiwcnercl •.ti. r� r i' 51, prooc llkt �:ADO C� �—� ` agnoli, barber & brundage, inc. prote�slo+lai nn&lnccr-a, plannora, & land sur"@YO- .... n-nk- [lnrlA, 370113 (Rnee dato: vn ll7 R 2 kale: bask: 50 page: EXHiB1T ►l Il 'I 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 •,thb! �i qJt and ;nCoryli71 •:•,07 �•, Ffatq •tr'49 r•n�i2'7"!' >.a�i angry ... ._ ,- tt:/L'1;tr �l3tr�lefii rfiWy'f -q�> d1:e7,j {BaFif=�d aerafl)ti::oniY 101tidlatiaria41 'I1h-)A'F V41Iwl"act' 1hm, vr„�•x:! :.rr .,� _ it7 t•:. tilts A 1C ie a F l ���Lf $tiff f•ai.aq ` titJd}-Ythw""�tti'°ITIi�.i1SY111i. t[IF�� Yl iA�:f.'•i'•n.f IxiR 8ni7ta✓3i •u1 ad. tlh,'� fn991+ti�nF{ tf•.i .+ • .i: • . f n : j i't , nq.k-.ti�1..:iux rn iBYuJ e1.frR►bnxln,i ntwr-=tom '• ' : •. ice, i 'F�r�. . S:;.Rge: _. E. t"p.r0"ret*-a1 - ktr 'r;:i ,:•::.'., dr .t..,: �8+,7 s. ....Ihoi !},M- Ir. • ' tetatn,�esctihedr�nd-peirn1tte&is: toibd commenced orx.or,abaut Z -/, t 9JQP] wank tV .:7n•tvh� .. ry :..:!- ..,- in... id: 4:•1,M .., a •. + ue+.., 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 / M18i,ELLAMEOUS U011r > 11I H n n p 0 O i a ° i Ijj I v, a .r I rn r" 0 o O +r1 o ce m T n z 1711 n N �. G a a z V. `d EXHIBIT —z/ 2 .rJ,� r, rc•� c� 0 0° U n � Q rn Z r -� M m 4 M n rn m m � v � to m r„3 y M -s $ 0 v � Packet Pg. 987 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) r 4 I v 0 i I 4. L~ —01" ci Y> C) ^� G7 m -:: b �V 7'�•+U ,b� N 4 wcn�n nano e> � vt �n 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 ' Z I `, o n P�,rw Cu 00 ` � ......................... 1 o WESTERLY RIGHT OF WAY GOODLEI7E FRANK ROAD 1 v u 1o' 0P)--A �15 a o 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 I >i 7 W. �� Z E gdzn 1 �r I � cT37 Y 3; x . I N 7V A / 1 c (? rya) _ U TI --4I { _•.• a o} 4 Z 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 f�tT PARCEL No. 66679450054 k PELICAN MARSH CDD r1i (ORB 2414, PG 3478) FAQ ? OI "TRACT A" &CUE falls1907, PG. 2221j i i �....................................... P ...EELICAN' F RSH .............. f l r,� ikk �o A Uta; al l L1pR� i (PR 24. PG 50) 41 '.20' GOLFCART PATH k o E 3 W� ip9TeC I EASEMEN7(P) �B y yo I I I Q W W Al.7 LT A(�C/1AA " ; mj 4 F< c4yso, I I 0 50 100 200 � -Q m � O >� �O!k � 6s y,is 1iySr I , J RSy I I (INTENDED DISPLAY SCALE: 1 "-200') {{ I tq Z I z � � E'LY RIGHT-OF-wAY gyp coj tt GOODLY TF FRANK ROAD E 20' LE & I uE(P) I' `" r I r l,l JI 15' UE(P) n c c Co 0 I/ 4 20' UTILITY EASEMENT u frs = i Z �f i .10'(OR8 1993, PG 1634) _AIy II \\ ` tt DESCRIBED PARCEL OF LAND .-•••.... ` CONTAINS3,01ACJ131,282S4.fT,# WGOOOLLiTTE FRANK ROAD l 10' IE(P) ....... . �11 0&116 E. :OURS.. S84°26'50"W ?_ wse a� 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 Packet Pg. 1002 16.K.3.c 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 16.K.3.c 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. Packet Pg. 1004 f'A V —1 , , 's A Au 'oe I� Packet Pg. l• 16.K.3.c 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. 1 of 6 Packet Pg. 1007 16.K.3.c 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. 2 of G Packet Pg. 1008 16.K.3.c 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. 3 of 6 Packet Pg. 1009 16.K.3.c 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. 4 of & Packet Pg. !10 10 16.K.3.c 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. 5 of 6 Packet Pg. 1011 16.K.3.c 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. 6of6 Packet Pg. 1012