Resolution 1997-328RESOLUTION NO. 97- 32S
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF
DRAINAGE INTERESTS BY EASEMENT AND/OR FEE SIMPLE TITLE WHICH
ACQUISITIONS ARE REQUIRED TO INCREASE AND PROTECT THE DRAINAGE
SYSTEM CAPACITY OF THE WATERSHED AREA WITHIN THE WIGGINS BAY
BASIN DRAINAGE AREA.
WHEREAS, the Wiggins Bay Basin, located in Northern Collier County, is approximately
2,300 acres and, prior to development activities, was drained by a system of wetland sloughs in a
southerly direction with ultimate outfall into the tidal wetland systems of Wiggins Bay. Land
development in the Basin is required by regulatory agencies to accept off-site flow which historically
passed through their site and were then required to discharge flow from their sites via spreader swales.
Due to existing and possible future development south of Wiggins Pass Road, there is a potential for
the natural ouffall flowway to be "pinched off" which would cause upstream flooding; and
WHEREAS, alternate locations, environmental factors, long range planning, cost variables,
concurrence, and safety and welfare considerations have been reviewed as they relate to the
implementation of said drainage improvements outlined in the "Regional Stormwater Management
Study for Wiggins Bay Basin" as prepared by Agnolia, Barber & Brundage; and it has been further
recommended by County Staff that is necessary and in the best interests of Collier County, Florida, to
maintain flexibility over the acquisition ofproper~y right required for the Wiggins Bay Basin Drainage
Improvements, hereinafter referred to as "Project" as identified on Exhibit "A" attached hereto and
incorporated here!n by reference; and.
WHEREAS, Staffhas also recommended that it is necessary and in the best interests of Collier
County, Florida, to acquire drainage interests by easement and/or fee simple title for properties South
of Wiggins Pass Road to provide the protection and maintenance of the natural sheet flow of
stormwater drainage within the areas described in Exhibit "A", attached hereto and incorporated
herein; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. The Board has considered alternate locations, environmental factors, long range planning, cost
variables, concurrence and safety and welfare considerations relating to the final adopted location of
the drainage improvements and related facilities.
2. The drainage interests by e~.:.-rnent and/or fee simple title acquisitions identified on Exhibit "A"
are the most feasible locations, both necessary and consistent with the project requirements, in order to
permit the construction and maintenance of the drainage improvements and related facilities for
Wiggins Bay Basin Drainage Improvemen:s ("Project").
3. The Board has determined that the construction and maintenance ofthe drainage improvements
and related facilities are necessary for public purpose and is in the best interests of Collier County.
4. The construction and maintenance of the drainage improvements and related facilities are
compatible with the long range planning goals and objectives of the Growth Management Plan for
Colqer County.
5. It is necessary and in the best interests of Collier County for the Board to acquire drainage
interests by easement and/or fee simple title identified in Exhibit "A"; and County Staffis hereby
authorized and directed to acquire by gift or purchase the drainage interests by easement and/or fee
simple title on the properties identified in Exhibit "A".
6. The Chairman of the Board is hereby authorized to execute Appraisal Agreements with the
appraisal firm(s) selected from the list of firms pre-qualified by the Board of County Commissioners.
The Board further directs staffto use appraisal reports or internal compensation estimates as staff
determines is necessary to best serve the needs of the project in a timely and cost-effective manner.
7. The Board, in accordance with the provisions of Chapter 125.355, Florida Statutes, hereby
formally waives the requirement for a formal, independent appraisal report for the purchase ora
property where the purchase price of the parcel (:.he compensation due to the property owner) is less
than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal
report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of
which shall be predicated on "staffcompensation estimates" based upon independent appraisals (and
the data therefrom) obtained on similar properties and upon consideration and application of
appropriate market value and cost data pertinent to the subject parcels.
8. Upon the approval by the County Attorney's Office of all documents necessary for the subject
property acquisition, Real Property Management Department staffis hereby directed to offer
immediate delivery to the respective property owners of the full compensation (as established by the
appraisal or staffcompensation estimates in accordance with the provisions of Chapter 125.355,
Florida Statutes), in return for the immediate and proper execution of the respective easements and/or
fee simple title, and such other legal document.; and/or affidavits as the County Attorney's Office
deems appropriate in order to protect the interests of the County; and the Board hereby authorizes its
present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments
which have been approved by the Office of the County Attorney, to remove the lien of any
encumbrance and for any such other purpose as may be required for the acquired drainage interests by
easement and/or fee simple title.
9. In those instances where negotiated settlements may be obtained via the "Purchase Agreement"
or "Easement Agreement" mechanism, the Director of Stormwater Management, or his designee, is
charged with the responsibility for completion of various capital improvement projects, and is hereby
delegated the authority to approve the purchase of land interests above the staffcompensation estimate
or appraised value and pay normally related costs when it is in the best interest of the Project, within
the pro-rata share of the land fights acquisition budget for the parcel being acquired, only when the
difference between the purchase price and compensation estimate or appraised value is less than
Fifteen Thousand and 00/I 00 Dollars ($15,000.00) or the current purchasing limits established by the
Collier County Purchasing Department; provided, Project funding is available.
10. That the settlement approval authority is delegated by the Board to the extent that such
approvals do not conflict with the provisions of Section 125.355, Florida Statutes.
11. The Chairman of the Board is hereby authorized to execute Easement Agreements and Purchase
Agreements where the land owner has agreed to sell the required land rights to the County at its
appraised value or at that amount considered the "Administrative Settlement Amount" as such term is
internally used by the administrative agencies of Collier County.
12. Where the property owner agrees, by agreement ("Purchase Agreement" or "Easement
Agreement"), to convey a necessary interest in real property to the County, and upon the proper
execution by the proper~y owner of those easements or fee simple title, and such other legal documents
as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department
to issue warrants, payable to the property owner(s) of record, in those amounts as shall be specified on
a closing statement and which shall be based upon the appraisal or staffcompensation estimate in
accordance with this Resolution and the provisions of Section 125.355, Florida Statutes.
13. All title to properties or interests in properties which have been obtained in the manner
described above shall be deemed "accepted" by the Board of County Commissioners, as the governing
bo, ly of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is
hereby authorized to record in the Public Records of Collier County, Florida, said easements or fee
simple title and such other instruments as may be required to remove the lien of any encumbrance from
the acquired properties.
THIS RESOLUTION ADOPTED on this ~ '~dday of. ~.~¢/..~.o 7"' , 1997, after motion, second
and majority vote. Ef
H~i'~ F. ~s~on
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
OTIS. HANCOCK, CHAIRMAN
ro~io No: oo~s58oooo3 8 ~l
Parcel No: 801
DESCRIPTION OF A. DRAINAGE EASEMENT
A STORM WATER MANAGEMENT EASEMENT OVER, UNDER AND ACROSS ALL
TI fAT PART OF TIIE SOUTtIEAST QUARTER OF SECTION 16, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
TIlE WESTERLY 80 FEET AND
TI tE SOUTHERLY 80 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND AS
RECORDED IN (OR BOOK 1399, PAGE 1466);
COMMENCING AT A CONCRETE MONUMENT MARKING THE NORTHWEST
CORNER OF TI {E SOUTHEAST QUARTER OF SAID SECTION 16, RUN SOUTH
00036'47TM EAST ALONG TIlE WEST LINE OF SAID SOUTHEAST QUARTER A
DISTANCE OF 30.01 FEET TO TIlE SOUTiIERLY RIGIIT-OF-WAY LINE OF WIGGINS
PASS ROAD; Tt fENCE NORTH 88007'04', EAST ALONG SAID RIGHT-OF-WAY LINE
233.45 FEET TO TIlE POINT OF BEGINNING;
TIIENCE SOUTH 00°36'47- EAST 294.65 FEET;
TI {ENCE SOUTI l 60° 17'58" EAST 277.97 FEET;
TIIENCE NORTtl 52°06'25" EAST 82.41 FEET;
TI IENCE SOUTII 86024'24" EAST 45.81 FEET;
TIIENCE SOUTII 29°01'17'' EAST 183.62 FEET;
TtlENCE SOUTtl 54°01'37- EAST 53.58 FEET;
TfIENCE NORTtl 81°3Y49- EAST 56.33 FEET;
TI tENCE NORTH 00°33'41 - WEST 38.00 FEET;
Tt I ENCE NORTll 60°14'47" EAST 42.43 FEET;
TI { ENCE SOUTt { 81 °28'33" EAST 53.38 FEET;
TI IENCE SOUTlt 30°00'19'' EAST 57.10 FEET;
TIIENCE SOUTII 67°32'I9" EAST 162.03 FEET;
T[IENCE NORTH 75015'34" EAST 93.66 FEET;
TIIENCE NORTI{ 55°21'21- EAST 89.35 FEET;
TIIENCE SOUTtl 49°39'I0. EAST 61.62 FEET;
THENCE SOUTH 64036'34'. EAST 59.35 FEET;
TI {ENCE SOUTH 63°42'06" EAST 128.81 FEET TO AN IRON PIN ON TI IE EASTERLY
LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 922, PAGE 1501 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;
T1 tENCE NORTH 00°43'41" WEST ALONG SAID EASTERLY LINE 12.48 FEET TO A
CONCRETE MONUMENT MARKING THE SOUTHWEST CORNER OF SUNNY TRAIL
tlEIGHTS, A SUBDIVISION RECORDED IN PLAT BOOK 4, PAGE 43 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;
TtIENCE NORTH 00°41'50" WEST ALONG THE WESTERLY LINE OF SAID
SUBDIVISION 676.63 FEET TO TIlE SOUTHERLY RIGllT-OF-WAY LINE OF WIGGINS
PASS ROAD;
TIIL:NCE SOUTII 88007'04.' WEST ALONG SAID RIGtlT-OF-WAY LINE 1140.01 FEET TO
TI [E POINT OF BEGINNING.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
^GNOLI, BAR43~R ~ B~i/NDAGE, mC.
PROFESSION~E G.~;RS, PLANNERS AND LAND SURVEYORS
GUY P. ApAMS P.~.M. NO. 4390
REF: ABB DWG. FILE NO. 5872R
117' 05-156K 7.
EXHIBIT "A"
Page 1 of ~
SHEET I OF 2
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Page 2 of ~
Parcel No: 802 8 B 1
(REVISED 3/4/97)
DESCRIPTION OF A DRAINAGE EASEMENT
A DRAINAGE EASEMENT OVER, UNDER AND ACROSS ALL TIIAT PART OF TttE
SOUT[[EAST QUARTER OF SECTION 16, TOWNSItIP 48 SOUTI[, RANGE 25 EAST,
COLI.1ER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLI.OWS:
TIlE EASTERLY 35 FEET OF TIlE FOLLOWING DESCRIBED TRACT OF LAND AS
RECORDED IN (OR BOOK 1399, PAGE 1466);
COMMENCING AT A CONCRETE MONUMENT MARKING THE NORTHWEST
CORNER OF TI IE SOUTttEAST QUARTER OF SAID SECTION 16, RUN SOUTH
00°36'47'' EAST ALONG THE WEST LINE OF SAID SOUTttEAST QUARTER A
DISTANCE OF 30.01 FEET TO THE SOUTHERLY RIGI IT-OF-WAY LINE OF WIGGINS
PASS ROAD; TI IENCE NORTH 88°07'04" EAST ALONG SAID RIGIIT-OF-WAY LINE
233.45 FEET TO TIlE POINT OF BEGINNING;
TI IENCE SOU'I-II 00o36'47" EAST 294.65 FEET;
TI1ENCE SOUTtl 60°t7'58" EAST 277.97 FEET;
TttENCE NORTfl 52°06'25" EAST 82.41 FEET;
TIIENCE SOUTIt 86°24'24" EAST 45.81 FEET;
TItENCE SOUTtI 29°01'17" EAST 183.62 FEET;
TIIENCE SOUTH 54°01'37" EAST 53.58 FEET;
TIIENCF. NORTI! 81°33'49" EAST 56.33 FEET;
T~tENCE NORTtt 00°33'41" WEST 3fl.00 FEET;
TI I ENCE NORTIt 60° 14'47" EAST 42.43 FEET;
TIIENCE SOUTtt 81°2fl'3y' EAST 53.38 FEET;
TI IENCE SOUTIt 30°00'19" EAST 57.10 FEET;
TtIENCE SOUTlt 67°32'19" EAST 162.03 FEET;
TI tENCE NORTIt 75°15'34" EAST 93.66 FEET;
TIIENCE NORTtl 55°21'21" EAST 89.35 FEET;
TIIENCE SOUTtl 49°39'10.' EAST 61.62 FEET;
TI IENCE SOUT[I 64°36'34" EAST 59.35 FEET;
TI IENCE SOUTIt 63042'06" EAST 128.81 FEET TO AN IRON PIN ON TIlE EASTERLY
LINE OF TItOSE LANDS DESCRIBED IN O.R. BOOK 922, PAGE 1501 OF TIlE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;
TI IENCE NORTH 00°4Y41" WEST ALONG SAID EASTERLY LINE 12.48 FEET TO A
CONCRETE MONUMENT MARKING TIlE SOUTHWEST CORNER OF SUNNY TRAIL
ftEIGttTS, A SUBDIVISION RECORDED IN PLAT BOOK 4, PAGE 43 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;
TItENCE NORTH 00041'50'' WEST ALONG THE WESTERLY LINE OF SAID
SUBDIVISION 676.63 FEET TO TIlE SOUTHERLY RIGItT-OF-WAy LINE OF WIGGINS
PASS ROAD;
Tt I ENCE SOUTH 88°07'04" WEST ALONG SAID RIGtlT-OF-WAY LINE 1140.01 FEET TO
THE POINT OF BEGINNING.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
AGNOLI, BA~ER & BRUNDAGE, INC.
PROFESSIO tN~/L 7bIEERS' PLANNERS AND LAND SURVEYORS
BY_,
G U Y P'/75 Jku/MI, P.~:M- NO. 4390
REF: ABB DWG. FILE NO. 5872
GP,.t,'Ii
WP. 12.47,IK6. DE.V;
SHEET I OF 2
Page 3 of ~
8 B 1 '
,<
IB~II~A Folio No: 00154960009
I~,qll]-% ~-nc~l No
, IBIIBI,~.. l&a&-~t_/~ . 803
Illi I
lillllk~
IIIllll~. .......
Pro~css nn~l chanters, pl~nncrs ~ I~nd su~ors
D~SC~ON OF A D~NAGE ~ASE~NT
8 B1
A DRAINAGE EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF THE SOUTHEAST
QUARTER OF SECTION t6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE WESTERLY 40.00 FEET OF THE FOLLOWING DESCRIBED PARCELS OF LAND AS RECORDE
IN (O.R. BOOK 752, PAGE 1263);
PARCEL A
COMMENCING AT THE EAST 114 CORNER OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA;
THENCE ALONG THE EAST AND WEST I/4 LINE OF SAD SECTION 16, SOUTH 88°07'17" WEST
114 FEET TO THE INTERSECTION OF SAID 1/4 LINE WITH THE TANGENT TO THE CURVE OF
THE EAST RIGHT-OF-WAY LINE OF U.S. 41, (S-90, TH~ TAMIAMI TRAIL);
THENCE ALONG SAID TANGENT AND ALONG SAID EAST RIGHT-OF-WAY LINE, SOUTH 1°00'30"
EAST 1480.30 FEET;
THENCE SOUTH 88°59'30" WEST 610.40 FEET TO A CONCRETE MONUMENT FOUND AT THE
NORTHWEST CORNER OF THOSE LANDS DESCRIBED BY DEED RECORDED IN DEED BOOK 15,
PAGES 566 AND 567, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA, AND
THE PLACE OF BEGINNING OF THE PARCEL HEREIN DESCR/BED;
THENCE CONTINUING SOUTH 88°59'30" WEST 621.74 FEET TO THE EAST LINE OF GULF
HARBOR, A SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 31, COLLIER COUNTY
PUBLIC RECORDS;
THENCE ALONG SA.ID EAST LINE, NORTH 0°42'36" WEST 126.96 FEET TO THE NORTHEAST
CORNER OF SAID GULF }{ARBOR;
THENCE NORTH 0°42'36~ WEST 625.58 FEET TO THE SOUTHWEST CORNER OF LOT I0 OF
BLOCK 4, OF SUNNY TRAIL HEIGHTS, A SUBDIVISION AS RECORDS DIN PLAT BOOK 4,
PAGE 43, COLLIER COUNTY PUBLIC RECORDS;
THENCE ALONG THE SOUTH LINE OF SAID SUNNY TRAIL HEIGHTS, NORTH 88045'48"
EAST 617.22 FEET TO A CONCRETE MONL/A4~NT FOUND AT Tt{E SOUTHEAST CORNER OF
LOT 15, OF BLOCK 2, OF SAID SUNNY TRAIL HEIGHTS;
THENCE SOUTH I°03]14' EAST 754.99 FEET TO THE PLACE OF BEGINNING;
BEING PART OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD;
CONTAINING 10.72 ACRES OF LAND, MORE OR LESS.
SHEET 1 OF 3
Page 5 of ~'
Main Off]ce: 7400 Tamiaml Trail N.. SuJl¢ 200, Naples, Florida 33963 · (941) 597.31 l I · F,%'(: (94 l) 566-2203
Lee County: 1625 Hcndey St.. 5u;tc 101, Fort Myers, Florida 33901 · (94 ] ) 334- l 173 · F,'%X: (941 ) 334- I 175
Folio No: 00754960009
Parcel No: 803
DESCRIPTION OF A DRAINAGE EASEMENT
PARCEL B
COMMENCING AT THE EAST 1/4 CORNER OF SECTION 16, TOWNSHIP 43 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA;
THENCE ALONG THE EAST AND WEST 1/4 LINE OF SAID SECTION 16, SOUTH 88°07'17, WEST
3.14 FEET TO THE INTERSECTION OF SAID I/4 LINE WiTH THE TANGENT TO THE CURVE OF
THE EAST RIGHT-OF-WAY LINE OF U.S. 4 I, (S-90, THE TAMIAMI TRAIL);
THENCE ALONG SAID TANGENT AND ALONG SAID EAST RIGHT-OF-WAY LINE, SOUTH 1°00'30,
EAST 1480.50 FEET;
TIHENCE SOUTH 88°59,30, WEST 150.00 FEET TO THE WEST R/GHT-OF-WAY LINE OF SAID U.S.
41'
THENCE CONTINUING SOUTH 88°59,36, WEST 610.40 FEET TO A CONCRETE MONUMENT FOUNE
AT THE NORTHWEST CORNER OF THOSE LANDS DESCRIBED BY DEED RECORDED IN DEED
BOOK I S, PAGES 566 AND 567, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY,
FLORIDA AND THE PLACE OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
THENCE ALONG THE WEST LINE OF SAID LANDS, SOUTH 1°00'30, EAST 264.00 FEET;
THENCE SOUTH 88°59'30, WEST 623.12 FEET TO THE EAST LINE OF GULF HARBOR, A
SUBDIVISION AS RECORDS DIN PLAT BOOK 4, PAGE 3 I, COLLIER COUNTY, PUBLIC
RECORDS;
THENCE ALONG SAID EAST LINE, NORTH 0042'36, WEST 264.00 FEET;
THENCE NORTH 88059'30, EAST 621.74 FEET TO THE PLACE OF BEGINNING;
BEING A PART OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLOR/DA;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD;
CONTAINING 3.77 ACRES OF LAND MORE OR LESS.
AGNOLI,,. I~l .,~BRUNDAGE, INC.
PROFESSI~' Al INEERS, PLANNERS AND LAND SURVEYORS
BY
GUY 1~ IS, 'P.S.M. NO. 4390
REF: ABB DWG. FILE NO. 5887
GPA/I'~
WP-12.485K6. DiCS
SHEET 2 OF 3
Page 6 of F
8 B1
I
Parcel No: 803
.... I .... I .;
· .. ; ;',',:
N 88'45'48"£ 617.22
~V~STERL Y 40'
PARCEL A
P.O.C.~
EAST -~
CORNER
SECTION
16
P.O.B.--
N 88'59'50"E 621.74
PARCEL B
N 88'59'30"E 623.12
150.00
NOT A SURVEY
for: j
COLLIER COUNTY, FLORIDA project: SECTION 16, TOWNSHIP 48 SOUTH,
title: RANGE 25 EAST SKETCH & DESCRIPTION OF DRAINAGE EASEMENT
SHEET $ OF
;NOLI
RBER &
dote:
DEC. 9, 1996
scole: J book:
N.T.S. jpage:
project j acad: 5887-SD
no.: 7516 Itech: 7316
Page 7 of ~
8 B1
Folio Number:. 25._4.6.12.~11~
Fee Simple Title
Parcel: I01
EXHIBIT "A"
THE SOUTH 40 FEET OF LOT 9 AND ALL OF LOT I0, BLOCK 4,
SUNNY TRAIL HEIGHTS, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 43, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
Project: Tarpon Cove PUD
Ordinance No. 95-70
This instrument prepared by:
VMen N. Hastings, Esquire
801 Laurel Oak Drive, Suite 500
Naples, FL 34108
2222439 OR: 2344 PG: 0276
D0¢-,?0
lets:
ilA~ ,ROPH?, 8 B
IXTIi O~HCI
Tax Folio Number: 75461280009
WARRANTY DEED
THIS WARRANTY DEED made this ~:} day of;~3"'~rL/LL~..x/ , 1997, by WCI
COMMUNITIES LIMITED PAR.TNERSHIP, a Delaware limited partnership (hereinafter called
the "Grantor") to COLLIER COUNTY, a political subdivision of the State of Florida, its
':.uccessors and assigns, whose post office address is 3301 Tamiami Trail East. Naples, Florida
34112 (hereinafter called the "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and the heirs, legal representatives, and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars
($10,00) and other vaIuable consideration, receipt whereof is hereby acknowledged, hereby
grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto the Grantee. ail that
certain land situate in Collier County, Florida, to wit:
Lot 8 and the North thirty feet (30') of Lot 9, Block 4, off SUNNY TRAIL
IIEIGIrITS, as shown on the plat recorded in Plat Book 4, Page &3, Pablie
Records of Collier County, Florida ("Property").
This Property is not now, nor has it ever been, the homestead of the Gramor, nor is k
contiguous to any home:read of the Grantor.
Subject to:
1. The Property described above is being conveyed to Grantee according to the terms
of that certain Water Management Fair Share Contribution Agreement. dated December 17, 1996
and recorded in O.R. Book 2270, Page 0070, of the Public Records of Collier County, Florida.
record.
Covenants, conditions, restrictions, easements, limitations and reservations of
TOGETHER with all the tenements, hefiditaments, and appurtenances thereto belong or
in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized
of said land in fee simple; that the Grantor has good fight and lawful authority to sell and convey
said land; that the Grantor hereby fully warrants the title to said land and will defend the same
against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances
except as noted above.
IN WITNESS V-rHEREOF, the said Grantor has signed and sealed these presents the day
and year first above written.
Signed. sealed and delivered
in the presence of:
Printed Name I ~
Printed Name
STATE OF FLORIDA )
COUNTY OF CO~ )
*** OR: 2344 PG: 0277 ***
8 B 1
WCI COMMUNITIES LLM1TED PARTNERSHIP,
a Delaware limited partrm'ship
By: ~/'~ '
Ie~cy/~. ~[~hmoyer, Senior Vice Pr~ident
The foregoing instntment was acknowledged before me this ~'~day of~J~-~.~/
1997, by Jerry H. Schmoyer as Senior Vic~ President of WCI Communities Limited ~ ':[
Delaware limited partm'rship, on behalf of the parmersh~, tie is personally kno~a~t0~me.
c~tu£a cot, nv. n~m~.~
- ~ M$t$~,a~i C~unt.~ Attorne.~ -
i:deedhnrn cry