Agenda 05/13/2025 Item #16A 4 (Final acceptance of the potable water and sewer utility for The Gallery at Hacienda Lakes – Phase 1A, PL20240009501)5/13/2025
Item # 16.A.4
ID# 2025-1156
Executive Summary
Recommendation to approve final acceptance of the potable water and sewer utility facilities and accept the conveyance
of a portion of the potable water facilities and appurtenant utility easement for The Gallery at Hacienda Lakes – Phase
1A, PL20240009501.
OBJECTIVE: To have the Board of County Commissioners (Board), as Ex-Officio Governing Board of the Collier
County Water-Sewer District, approve final acceptance of the potable water and sewer utility facilities and accept the
conveyance of a portion of the potable water and appurtenant utility easement, in accordance with the Collier County
Utility Standards and Procedures, Ordinance No. 2004-31, as amended.
CONSIDERATIONS:
1. The Developer has constructed the potable water and sewer utility facilities for The Gallery at Hacienda Lakes
– Phase 1A, within dedicated easements to serve this development (see attached location map). A portion of the
potable water utility facilities was offered for conveyance to the County, as described in the Official Records
(O.R.). Book 6444, Page (PG) 2786, together with appurtenant Deed of Utility Easement recorded in O.R. Book
6444, PG 2780, of the Public Records of Collier County, Florida. The value of these potable water utility
facilities (assets) was $33,242. The remaining potable water and all the sewer utility facilities will be private.
2. Staff recorded all final acceptance documents associated with the potable water utility facilities conveyed to the
County in the public records of Collier County. These documents were reviewed and approved by the County
Attorney’s office for form and legality. The County acquired its interest in a portion of the potable water utility
facilities by Bill of Sale recorded in O.R. Book 6444, PG 2786 (“the Utilities Facilities Deed”).
3. A final inspection to detect defects in materials and workmanship was conducted by staff on December 16,
2024, in coordination with Public Utilities. These facilities were found to be satisfactory and acceptable.
4. Staff recommends final acceptance of the subject potable water utility facilities in the amount of $33,242. Staff
also recommends acceptance of the Utilities Facilities Deed and the facilities described in the Certification of
Contributory Assets, which is attached to this Executive Summary.
5. This final acceptance is in accordance with Collier County, Ordinance No. 2004-31, as amended.
6. Staff is unaware of any issues that would serve to negate the recommendation to approve this final acceptance.
This item is consistent with the Collier County strategic plan objective to operate an efficient and customer-focused
permitting process.
FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. However, approval of
this Executive Summary will result in the Collier County Water-Sewer District receiving title to a portion of the potable
water utility facilities, which have a total gross value of $33,242 (no depreciation has been applied).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for
Board approval. – DDP
RECOMMENDATIONS: To approve final acceptance of the potable water and sewer utility facilities and accept the
conveyance of a portion of the potable water utility facilities and appurtenant utility easement, for The Gallery at
Hacienda Lakes – Phase 1A, PL20240009501.
Page 758 of 5243
5/13/2025
Item # 16.A.4
ID# 2025-1156
PREPARED BY: Lucia S. Martin, Project Manager I, Development Review Division
ATTACHMENTS:
1. Location Map
2. Assets Sheet
3. Verification of Final Cost
4. Warranty Deed
5. Deed of Utility Easement
Page 759 of 5243
THE GALLERY AT HACIENDA LAKES
PHASE 1A
LOCATION MAP
Page 760 of 5243
Page 761 of 5243
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Page 763 of 5243
rNSTR 6652191 oR 6444 pc 2786 RECoRDED 3/5/2025 3:32 pM PAGES 8 RE-RECoRD
CRYST.AL K. KINZEL, CLERK OF THE CIRCUTT COURT AND COMPTROLLER, COLLIER COUNTY FLORTDAREc $69.50 rNDx $4.00
|NSTR 6633870 0R 6431 PG 981
RECORDED 111712025 .IO 40 AM PAGES 7
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUI.JTY FLORIDA
DOC@ 70 50 70 REC S61 00 |NDX 54 OO
coNS sl 0 00
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T['tS trrarrantqatkach l?,cJ
ruf b(lt of Sale is bcig ve-vccccJ<d {o
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Form 8 - Rev. 2004 (Utility Deed and Bill of Sale)
THIS INDENTURE made this 5th day of between ESL NAPLES AL OWNER LLC,a
Delaware limited liability company, whose Market Street, Suite 200, Denver, Colorado
80202 (hereinafler referred to as "Grantor"), and OF COIJNTY COMMISSIONERS OF
COLLIERCOUNTY, FLORIDA, AS THE COLLIER COIJNTY AND AS THE
EX.OFFICIO GOVERNING BOARD OF THE WATER-SEWER DISTRICT, its
successors and assigns, whose address is 3299 Tamiami
(hereinafter refened to as "Grantee").
303, Naples, Florida 34112
WITNESSETH:
That said Crantor, for and in consideration of the sum of Ten Dollars ($l
consideration to said Grantor in hand paid by said Grantee, the receipt
has granted, bargained and sold to the said Grantee, and Granlee's heirs, r
good and vatuable
acknowledged,
forever, all
potable water and PVC fire line and fire hydrant utility facilities and/or system(s) or
in, on, over and under the follorving described land, for operation, relocation,repair and/or
maintenance of said facilities, system(s) or portion(s) thereof, all situate and lying and being in Collier
Counqr, Florida, to wit:
(See Exhibit "A" attached hereto and incorporated by reference herein.)
(Exhibit "8" anached hereto is a sketch or other graphic representation
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Page 764 of 5243
oR 6444 PG 2787
that depicts the physical location of the utility systems being conveyed.)
and said Grantor does hereby fully rvarrant the title to said utility facilities and/or system(s) or portion(s)
thereof;, be thcy realty, personalty, or mixed, and Grantor will defend such title against atl claims of all
persons rvhomsoever. For the purposes of this conveyance, the utility facilities, system(s) andL/or portion(s)
thercof shall not be deemed to convey any of the lands described in either exhibit. Crantor
and Grantee
showing the
'or plural, as context allows. A sketch or other graphic representation
facilities, etc., being conveyed is attached as Exhibit "B".
TO HAVE ANDTO unto the Grantee and its assigns, together with the right to enter upon
said land, excavate, relocate and/or or introduce materials for the purpose of constructing, relocating,
operating, repairing and/or,
for singular or plural, as the
maintaining utility systems thereon. Grantor and Grantee are used
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Page 765 of 5243
oR 6444 PG 2788
lN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first
above written.
WITNESSES: ESLNAPLES AL OWNER LLC, a
Delaware I imited I iabil ity company
Print
By: l9l V NX Development Holdings LLC,
a Delaware limited liability company
Its: Managing Member
Print
By: NX SL Development Holdco LLC,
a Delarvare limited liability company
Its: Member and Managers+ z@
By: NexCore GP Equity Manager LLC,
a Delarvare limited liability company
Its: Manager
By: NexCore Development LLC,
a Delaware limited liability company
Its: Managing Member
By: NexCore Real Estate LLC,
a Delaware I company
Managing
NexCore
company
Title:Financial Oflicer
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Delaware
By:
Page 766 of 5243
oR 6444 PG 2789
SWOIII! TO ANq S-UBSCRIBED before me by means oflpnyri"ul prcsence or E online notarization,this f'? dayof <lPtlleUStf ,2o24,byRobertLawlesi,theihierpinanciatofficerofNexCore
Companies LLC, a Delaware limited liability company, the managing member of NexCore Real Estate
LLC, a Delaware limited liability company, the managing member of NexCore Development LLC, a
Delaware limited liability company, the managing member of NexCore GP Equity Managing LLC, a
Delaware limited liability company, the manager of NX SL Development Holdco LLC, a Delarvare limited
liability
liability
company,member and manager of l9l V NX Development Holdings LLC, a Delarvare limitcd
member of ESL Naples AL Owner LLC, a Delaware limitcd tiability
company,
-
known or E produced (tvoe of produced)as
identification.
of Notary
(Printed or
Prepared by:
Christina Garigliano
ESL Naples AL Owner LLC
1550 Market Street, Suitc 200
Denver, CO 80202
o7r202t
)ChrisUna Garigfiam
}IOTARTPUBUC
STAIEOFCOLORADO
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Page 767 of 5243
oR 6444 PG 2790
Exhibit "A"
K.E.K, P.A.
I.AND SURVEYORS
AN EASEMEIIT TYING IN
1 SECTION 14, TOmlSHlP 50 SOUTI{, RAIGE 26 EASI.
I
../ I ) COLI'IERCOUNTY'fLOR|DA,/,"/ -, lcouNTyuT[.tTyEsEMEr\rrtfl
nH aseue nn snfueno/r fxt STATE ot rloRro& couNTy oF col,uER, rvlNc tN sEcnoN t€, TowNsHtp so souTH,
RANGE 26 EASr, BtlrdA PARI..OF THE PARCEL AS OESCRTEED rN OtflCrAt RECOROS 80CrX 6197, PACE l5{r7. COl.uER
couNTY PUSuC RTCOROS 4rOitlNG fuRrHER BOUNOED ANO DtSCRtBtD AS rOu.O!r/s;-,,,
I
COMMENCING AT IH€OF TRACT R.t. HACI€NOA IAI(ES OF NAPLES. PIAI BOOX 95, PAGE IO, SAID
PUBUC SECOROS;ATONG IHE NORTH UNE OF SAID TRACT R.I AND THE SOUIH TINE OI SAIO
sEcnoN t.r, ron 147,9s SOUTH QUARIER CORNER OF SAIO STCTION T'! AT IHE SOUTHWEST CORNER OF
TRACI F}2. SAID HAOENOA THENCE N.oo''8OO'E. ATONG IHE EOUNOARY OF SAIOTRACT f D.2 ANO
sAlo sEcfloN t4, toR 4t.95 rEErrorHE iloRTH RIG'{TOF WAy UNE OFTHE NORI}I.SOUTH QUARTER
RATTTESNAXE HAMMOCI( ROAD AS lN OFFICTAL RECORoS BOOX S20t, PAGE 2t21 ANO OtflClAr RECORDS
800x szot, PA6E 2138, sArO PUEUC s.80'.6'57'w' ALON6 S tO R]GHT Or wAy UNE Ar{O THt
EOUNOARY OF SAIO PANC€T AS R€COROS EOOX 6t97. PAGE 1507. rOR 99.&) FEET; IHENCE
s.8r'37'3 t'w. AtoN6 SArO RTGHT OF FOR 3r8.2, FEETTOTHE POINTOF BtGINNING: fXENC€
coirTrNUE s.87'37'3tnv. ATONG S tO
N.0222'2911r. FOR t9.0O FEEt; THENCE
UNt AND SAIO BOUNDARY tlNE FOR 26.(tr ft€T; IHTNCE
wrH ANo t9.00 rEEr NoRTHERTY OF (AS MEASUREO
oN A P8RPENO|CUI.ARI SA|O R|GHT Or WAy
T9.OO fEET TO IHg POIIN OF EEGINNING
UNE fOR 26 0O rEsT; IIIENCE S.02'2229't. FOR
SAIO EASEMENT CON'AINS 4:}4.M SQUARE f €ET OR oR tEsS.
sEARINGS ARE BASED ON SOUIrl TINE OT SECNON I4 A5 l'E.
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Page 768 of 5243
oR 6444 PG 279L
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Page 769 of 5243
oR 6444 PG 2792
PROJECT NAME.
LOCATION.
STATE OF
COUNTYOF
NAME &
N'PEOF UTIUTY
Connect to Existing
10" Fire Detector Check Assembly
3" Potable Water Meter Assembty
PVC Fire Une (C900, DR 18)
PVC Water Service Line (C900, DR
Gate Valve
Gate Valve
I do hecby
CERTIFICATION OF CONTRTBUTORY ASSETS . COUNTY
fhe Gallery et Haclenda Lekes (FKA Watercrest at
Haclenda Lakes) . Phase lA
Section 14, Tomshlp 50, Range 26 ln Col[er County,
Naples, Florlda
ESL Naples AL Owner, LLC
1550 Market Street, Sulte 200
Denver, CO 80202
POTABLE WATER (MATERIALS ONLY)
3'x3"
10"
3',
10"
4'
10"
4',
q
1EA1EA1EA25 LF25 LF1EA
1EA
TOTAL COST
$1,600 00
$10,100 00
$13,000.00
$s5.00
$18 00
$2,6s0 00
$s67.00
$1,600.00
$10,100.00
$'t3,000.o0
91,375.00
$4s0.00
$2,650.00
$s67.00
s:I3,242.00
the
Slte Development
7142 Alico Road, Ft Myers, FL 33912
FLORIDAffi
a true and accurate representation of the syslem being
OR wtro
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OF:
f. tr ./., /,i
The toregoinq lnsfruOent was signed and acknorvledged before me this
Drrvitat C,- tnff€S whois oersonallvknountome _
9 oayot z@ov
Type of ldentificatiori Produced
Publlc
Seal.
TAIIEATTSOAq'ER
, rf,Y@ilurssroNrtot t2il{4
SPIRE&Ag!25.2021t
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wi
Page 770 of 5243
*** OR 6444 F,c 2793 ***
JOINDER AND SUBORDINATION OF MORTGAGEE
The undersigned ("Mortgagee"), as administrative agent for the benefit of Live Oak Banking Company, a
North Carolina banking corporation, and Renasant Bank, a Mississippi banking corporation, is the
mortgagee under that certain Mortgage, Security Agreement and Fixture Filing dated as of December 8,
2022, and recorded December 9,2022, at O.R. Book 6197, Page 1514, with the Clerk of the Circuit Court
and Comptroller lierCounty (the "Mortgage"), which Mortgage creates a lien on certain real property
(the "Real a security interest on certain personal properly (the "Personal Property") owned
by the described in the Mortgage. Mortgagee hereby joins in the foregoing
Utility Facilities
its consent to the
and Bill of Sale (the "Bill of Sale") sotely for the purpose of expressing
and releasing its security interest in the utility facilities described in the Bill
of Sale (the 'util Accordingly, Mortgagee does hereby release its security interest in the
Utility Facilities and lien of the Mortgage shall be subordinate to the Bill of Sale, such that
in the event ofa or a transfer in lieu of foreclosure of the Real Properly,
such foreclosure or the any deed in lieu offoreclosure shall take title
subject to all of the terms set forth in the Bill of Sale.
IN WITI{ESS WIIEREOF,
executed as of
caused this Joinder and Subordination of Mortgagee to be
WITNESSES:LIVE OAK BANKTNG COMPANY, A
North Carolina banking corporation
Signed, sealed and delivered in our
Print
Print
the purchaser at any
to the Real Property
presence or_
AS
is personally
STATE OF N0rth Carol t r^or
COLTNTY OF Nrrer Hanovry
The foregoing instrument was
online notarization, on this $
lllr,f" u,uxrt.Cat-.-
Type, Print or Stamp Notary Public
Name: Caff iC V.Cai,lon
srare of N0 n+\ raro I lhrr
,l|llt
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