Parcel - I-75 Associates Preserve
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Memorandum
TO: Minutes & Records Management
FROM:
Sue Zimmerman ~
Property Acquisition Specialist
Real Property Management
DATE:
December 23, 2010
RE:
GOLDEN GATE GREENWAY
Project No. 801211
Please find enclosed the originals of the following documents for the above-referenced
project:
1. Access, Maintenance, Landscape & Recreational Pathway Easement from The School
District of Collier County; and
2. Access, Maintenance, Landscape & Recreational Pathway Easement from 1-75
Associates, LLC and 1-75 Preserve, LLC.
PLEASE NOTE: It appears that you already have a Real Property File under BMR Records
named Golden Gate Greenway and these should be added to that same folder. Both of the
above easements were given to satisfy developer commitments contained in Ordinance 00-
15.
Please contact me if you have any questions or comments at Extension 2622.
Thank you.
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PROJECT: Golden Gate Greenway
PARCEL: 1-75 Associates/Preserve
fOLIO: 00296560008 and 00298120501
INSTR 4465077 OR 4596 PG 813
RECORDED 8/17/2010 2:25 PM PAGES 3
DWIGHT E. BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $27.00
ACCESS. MAINTENANCE. LANDSCAPE AND RECREATIONAL PATHWAY EASEMENT
THIS EASEMENT, made and entered into this ~ day of ~u~LJ.ST ,2010, by 1-75
ASSOCIATES, LLC, a Florida limited liability company, and 1-75 PRESER , LLC, a Florida limited
liability company (hereinafter referred to as the "Grantor"), whose post office address is 8441
Cooper Creek Boulevard, University Park, Florida 34201, to the COLLIER COUNTY, a political
subdivision of the State of Florida (hereinafter referred to as the "Grantee"), 3301 East Tamiami
Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the
terms "Grantors" and "Grantee" include all the parties to this instrument and their respective heirs,
legal representatives, successors or assigns.)
WIT N E SSE T H:
Grantors, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and
assigns, a perpetual, non-exclusive easement for maintenance, landscape buffer and
recreational pathway purposes and access, on the following described lands located in Collier
County, Florida, to wit:
SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" AND INCORPORATED HEREIN BY REFERENCE
Subject to easements, restrictions, and reservations of record.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon
said land, and place or remove materials for the purpose of a twenty (20) foot access,
maintenance, landscape and recreational pathway easement, including maintaining a
landscape buffer and constructing and maintaining a ten (10) foot wide recreational pathway
and associated improvements appurtenant thereto or thereunder within the 20 foot easement
area. Access and maintenance rights are granted throughout the entire easement area.
Pursuant to Ordinance 2000-15, as amended, the 20 foot maintenance/landscape buffer area
shall accommodate a ten (10) foot wide recreational pathway, any required water
management berm and landscape buffer. The pathway may incorporate the water
management berm, if any, and in the event the water management berm is constructed prior
to the pathway, the Grantee may replace the berm, if approved by the controlling regulatory
agency, with a meandering pathway to meet the Grantee's design objectives of a park-like
setting and to avoid the possibility of creating areas where stormwater may be trapped
between the berm and the pathway. No trees shall be planted north of the pathway so as not
to hinder access of canal maintenance equipment. Grantor and Grantee are used for singular
or plural, as the context requires. Pathway may be a concrete or asphalt sidewalk. The
easement granted herein shall constitute easements running with the land and shall burden the
lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date
and year first above written.
(LOt
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1-75 ASSOCIATES, LLC, a Florida limited
liability company, and 1-75 PRESERVE,
LLC, a Florida limited liability company
By:~~1\ --
DAVID H. BAL AUF, M~nager
W.itne~~gnat~ c
Print: I m i\.l"e..Yl ~
~
[NOTARIAL JURAT ON NEXT PAGE.]
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WITNESS my hand and official seal this ~ day of ~ ,2010.
(affix notarial seal)
SHERRY A. KEKLAK
Iota" PubHc, State of New _rk
Reaistration No. OlKEGOl8498
Qualified in Eria County .1J
II CoIunissioa ExpirIS JarwaiJ 11. 20
(print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #
My Commission Expires:
Approvloiu .... iolcrm & legal sufflcie
QA,.:t c~i?>~ ~
. ountY. ttorney
EXHIBIT "An
PARCEL 1 (1-75 ASSOCIATES. LLCl:
THE NORTH 20 FEET OF THE FOLLOWING PROPERTY:
A tract of land lying In the North half of the Northeast quarter of Section 34, Township 49
South,Range 26 East. Collier County, Florida, and more particularty described as follows:
Commencing at the Northeast comer of said Section 34 run S87-52'26"W along the North
line of said Section 34 for a distance of 100.04 feet to the West right-of-way line of Collier
Boulevard (State Road S-951) and the Point of Beginning; thence run SOO-29'15-e along
said Weat right-of-way line for a dietance of 1275.33 feet to an intersection with the North
right-of-way line of AcceH road No. Zj thence Nn S87042'52"W along said North right-of-
way line for a distance of 874.60 \C!ll.~ rvature thence lelving Slid North
right-of-way line run 40.05 arc 0 ncave to the Northeast having
a radius of 25.00 feet, a ce Ie of 91-47'53-, a distance of 35.91 feet and a
chord bearing of N46023' 1 ency; he ce Nn NOO-29'15-W for a
distance of 667.79 feU a . 21 .40 feet along the arc of a
curve concave to the ou feet. a central angle of
60'50'53-, a chord dlsta ~ . of N29'56'12wE to a point
on a non-tangential line: t of 412.52 feet to the North
line of said Section 34: tH orth line for a distance of
797.75 feet to the Point of
PARCEL 1 (1-75 PRESERVE. LLCl:
THE NORTH 20 FEET OF A PORTION OF THE PROPERTY CONVEYED BY SPECIAL WARRANTY
DEED RECORDED IN OFFICIAL RECORDS BOOK 4299, PAGE 1187, BORDERED ON THE
NORTH BY, AND PARALLEL TO, THE MAIN GOLDEN GATE CANAL'S SOUTHERN BOUNDARY,
AND BORDERED ON THE WEST BY MIKE DAVIS ELEMENTARY SCHOOL, WHICH PROPERTY IS
DESCRIBED IN SPECIAL WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 3186,
PAGE 2789, AND BORDERED ON THE EAST BY PROPERTY CONVEYED BY WARRANTY DEED
RECORDED IN OFFICIAL RECORDS BOOK 2797, PAGE 3287, ALL IN THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA.