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Long Bay Partners, Inc.TO: FROM: DATE: Re: Memorandum Ellie Hoffman Records Technician III Minutes & Records Management Cindy Erb QA~ Real Properly Spec'(~list II Real Property Mana.~ement Department September 28, 2000 Livingston Road Improvements (Immokalee Road to Lee/Collier Line) Project 65041; Parcels: 12-1.6T & 12-7T Please find attached one (1) original recorded Warranty Deed and one (1) 0riqinal Purchase Agreement for the above referenced project. The Board of County Commissioners o[ Collier County, Florida approved the acquisition by gift or purchase pursuant to Resolution 98-165, Agenda Item 16 B 5, dated May 19, 1998, and approved the acquisition by condemnation pursuant to Resolution 2000-112, Agenda Item 8 B 4, dated April 11, 2000. Please contact me if you have any questions or comments at 8991. Thank you. attachments as stated Mitch Riley, PWED w/attachment Tax Appraiser's Office w/attachment Tax Collector's Office w/attachment Inventory File w/attachment Off'ice of the Real Property Management Department PROJECT: Livingston Road - NNMSTU PARCEL NO: 12-7T & 12-1.06T FOLIO NO: 00147120005 & 00146920002 prepared by: Ellen T. Chadwell, Esquire Office of the County Attorney 3301 East Tamiamt Trail Naples, Florida 34112 (941) 774-8400 2691823 OR: 2724 PG: 0503 I~¢ORDBB ill O)FICIAL ~)¢ORDB of COLLIBR COUNTY, ~L 09/21/2000 at 09:39~H D)IGHT B. BROC[, CLBRK ~ONS 8~800.00 ~C ~ 28.50 6,00 letn: ~~ ~ been a~ul~ under ~reat of ~ndemnafion and is WARRANTY DEED d~umen~ ~mp t~ exempt from THIS WARRANTY DEED made this )/'~ day of ~-~/-~-. ,2000, by LONG BAY PARTNERS LLC, a Florida limited liability company, by its undersigned Managing Member, whose mailing address is 3451 Bonita Bay Boulevard SW, Suite 202, Bonita Springs, FL 34134 (hereinafter singularly called the Grantor), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing 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 their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See Attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Witness ¢ignature) a Florida limited liability company Name: Shirley M. Thompson (Print) Witness (Signature) Name: ,~'_'_'_'_'_'_'_'_~ ~ / ~ (Print) BY: BONITA BAY PROPERTIES, a Florida corporation ~-res4e~ff/Vice President THI~ CONVEYANCE APPROVED BY THE BOARD OF COUNTY COMMISSIONERS, COL.UER COUNTY, FLORIDA, PURSUANT TO THE PROVISIONS OF R~OL.UTION NO. (,'$ Address: 3451 Bonita Bay Blvd, Suite 202 Bonita Springs, FL 34134 OR: 2724 PG: 0504 STATE OF ~z_.~. COUNTY OF The foregoing Warranty Deed was acknowledged before me this //'~' day of ~v~' , 2000, by ~,..~1~ /4. c~/~-'r~- (name), ~t/Vice President on behalf of Bonita Bay Properties, a Florida corporation, as Managing Member of Long Bay Partners LLC, a Florida limited liability company, who is personally known to me or who has produced as identification. (affix notarial seal) (Signature of Notary Public) ( Print name of Notary Public) NOTARY PUBLIC Serial/Commission #: if any My Commission Expires: ~ Assistant Count~ Attorne~ Ellen T. Chadwell OR: 2724 PG: 0505 Hole, Morfl~s & Associates Engineers / Planners / Surveyors [] 715 Te~th St. P.O. Box 1586 Naples, Fl. 33939 (813) 262-4617 FAX (813) 262-3074 [] 6202.FPresldenflal Court FoaMy ers, FL33919 (813) 481-T874 FAX (81:11 481-1015 [] 10550 Abemathy Street ~ta Springs, I=L 33923 (813) 9920795 FAX (813) 992-2327 EXI-IIBIT2Z PRO4ECT ~J"(~'<j/ PARCEL. /~. -/~'~ '7- ?OLIO O~ / ~2~)cJz HUA FILE #85.31 MAY 30, 1989 PARCEL 1.06-T DESCRIPTION: ROAD RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: , COMMENCE AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°39t39" W. ALONG THE SOUTH LINE 'OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 2657.68 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 12; THENCE RUN N. 00°52'07'' W. ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 1315.88 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 12 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N. 00°52'07'' W. ALONG THE SAID WEST LINE FOR A DISTANCE OF 1315.87 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 12; THENCE RUN N. 88~50'46" E. ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 50.00 FEET; THENCE RUN S. 00°52'07" E., PARALLEL WITH THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 1315.79 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 12; THENCE RUN S. 88°45'12', W. ALONG THE SAID SOUTH LINE FOR A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1.51 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF S. 88°39'39" W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. SIGNED 05/31/89 HOLE, MONTES & ASSOCIATES, INC. BY #3 41 THOMAS-J. GARRIS STATE OF FLORIDA · I,Of~ EXHIBIT ",,4," Page_ 2. ~of, ~ NOTES: .' BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF S; 88"39'39" W. ALONG THE SOUTH LINE OF THE SOUTHEAST t/4 OF SECTION 12, TOWNSHIP 48 SOUTH.~ RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICT ONS OF RECORD. PARCEL 1.06 PARENT TRACT LEGAL DESCRIPTION REFERENCES RECORDED IN O.R. BOOK 1112 AT PAGE 209 OF THE PUBLIC RECORDS OF COLLIER COUNTY~ FLORIDA. PARCEL 1.06-T - PARCEL TAKE NOT A SURVEY OR: 2724 PG: 0507 Hole, Montes & Associates Engineers /PIanners / Surveyors 715 Te~th St. South P.O. Box 1586 Nap~e~ Ft. 3,393g (813) 262-4617 . FAX (813) 262-3O74 8D02-F P~esidenttal Court Fort Myers, FL 33919 (813) ,481-7874 FAX (813) 481-1015 10550 Abemathy Street Bonita S~ FL 33923 (813) 992.0795 FAX (813) 992-2327 EXHIBIT !'P Page 3 _of '~' - PARCEL -_- HMA FILE #85.31 MAY 31, 1989 PARCEL 7-T DESCRIPTION: ROAD RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°39'39" W. ALONG THE SOUTH LINE'OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 2657.68 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 12; THENCE RUN N. 00°52'07" W. ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 2631.75 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE RUN N. 00~52'07" W. ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 658.39 FEET TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTHWEST I/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE CONTINUE N. 00°52~07'' W. ALONG THE SAID WEST LINE FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N. 00°52'07'' W. ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 628.39 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE RUN N. 88°54q2~ E. ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 50.00 FEET; THENCE RUN S. 00'52'07" E., PARALLEL WITH THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 628.36 FEET; THENCE RUN S. 88~52~29" W., PARALLEL WITH THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.72 ACRE, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF S. 88°39~39" W. ALONG THE SOUTH LINE OF THE SOUTHEAST '1/4 OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. SIGNED 05/31/89 HOLE, MONTES & ASSOCIATES, INC. THOMAS J. GARRIS P.L.S. #3741 STATE OF FLORIDA .~.~ .~~__~.x,~ ~-~/d ~/4 *** OR: 2724 PG: ~8 *** ~ ~ ~'~-$4 '- ~-~ ........... ~'~ ~" ......... ~ ~ .~ ~ .'~, NOISS: BSAR~NGS SHOWN HSRSON REFER TO AN ASSU~ED 8SARONG OF S. 88"S9'39" W. AtONG THE SOUIH [~N5 OF TH5 SOUTH~ASl ~/4 OF ~ S~OI~ON 1~, IOWNSH~P 48 SOUIH, RANG5 ~5 5ASI, OO[~SR OOUNIY, . FtOR~DA. ' . SUBJSOT TO 5ASS~SNTS, RESSR~AI~ONS. OR RSSIR~OT~ONS OF RSOORD. O.R. BOOK 110~ Al PA~5 785 OF TH5 PUSt~O RSOORDS OF OO[t~SR OOUNTY, FlORiDA. ' PARO5t 7-1-- PAROEt TAK5 NOI A SURVSY ~ EXHIBIT?7" PROJECT: Livingston Road - NNMSTU PARCEL NO: 12-7T & 12-1.06T FOLIO NO: 00147120005 & 00146920002 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between LONG BAY PARTNERS LLC, a Florida limited liability company, by its undersigned Managing Member, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Pumhaser"); WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: Owner shall convey the Property to Purchaser for the sum of $84,800 (Parcel 12- 7T is $27,400 and Parcel 12-1.6T is $57,400.00), payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing, This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or Purchase Agreement '. Page 2 10. contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing from mortgagee(s), and recording in the public records of Collier County, Florida, such full or partial release(s) or satisfaction(s) as are necessary to convey a clear and marketable title to the Property. The cost of a title commitment shall be paid by Purchaser. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. Purchase Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this /,F' , day of .,,~_.~2"- ,2000. /- Date Property acquisition approved by BCC: April 11, 2000 Item 8 (B) (4) AS TO PURCHASER: DATED: ATTES:r~ :!:DWIGHT E. BRO..CK, Clerk /% ,~ . ",, ~ep~t"Clerk AS TO OWNER: DATED: BOARD OF COUNTY COMMISSIONERS COLLIER ~DA Ti~t~y 3. Con.tine, ~Sairman LONG BAY PARTNERS, LLC, a Florida limited liability company Witness (~ignature) BY: BONITA BAY PROPERTIES, a Florida corporation Name: Shirley M. Thompson (Print or Type) Witness (Signature) RmeideNEVice President Name: ~/./o//2 ~ (Print or Type) Approved as to form and I~a~sufficiency: Assistant County Attorney Hole, Montes & Associates Engineers / Planners / Surveyors [] 715 Ter~th St. South RO. Box 1586 Naples, FL 33939 (813) 262-4617 FAX (813) 262-3074 EXHIBIT ",4" Pege / of [] 6202~F Presidential Cou¢[ Fort Myers, FL 33919 (813) 481-7874 FAX (813) 481-1015 [] 10550 Abemathy Street Borfffe Spdngs, FL 33923 (813) 992-0795 FAX (813) 992-2327 HMA FILE #85.31 MAY 30, 1989 PARCEL 1.06-T DESCp, IPTI ON: ROAD RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1~ OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°39~39'' W. ALONG THE SOUTH LINE 'OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 2657.68 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 12; THENCE RUN N. 00°52~07" W. ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 1315.88 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 12 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N. 00°52~07" W. ALONG THE SAID WEST LINE FOR A DISTANCE OF 1315.87 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 12; THENCE RUN N. 88°50~46" E. ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 50.00 FEET; THENCE RUN S. 00°52~07" E., PARALLEL WITH THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 1315.79 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 12; THENCE RUN S. 88°45~12" W. ALONG THE SAID SOUTH LINE FOR A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1.51 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF S. 88°39~39" W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. SIGNED 05/31/89 HOLE, MONTES & ASSOCIATES, INC. BY P.L.S. #3741 STATE OF FLORIDA EXHIBIT_b,4 - Page __~ of~-~ NOTES: : BEARINGS SHON",I HEREON REFER TO AN ASSUMED BEARING OF -~ S; 88°39'3@" W. ALONG THE SOUTH LINE OF THE SOUTHEAST -1/4 OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICT ONS OF RECOI~D. PARCEL 1.06 PARENT TRACT LEGAL DESCRIPT(ON REFERENCES RECORDED IN O.R. BOOK 1112 AT PAGE 209 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 1.06,-T - PARCEL TAKE NOT A SURVEY 'TO' 'Acc-o pAd, y' L- c L Hole, Montes & Assodates Engineers / Planners / Surveyors EXHIBIT._ --- Page .5 of "¢ ,- 715 Tenth St. South RO. Box 1586 Naples, FL 33939 (813) 262-4617 FAX (813) 262-3074 HMA FILE #85.31 MAY 31, 1989 PARCEL 7-T 6202-F Presidential Court Foot Myers, FL 33919 (813) 481-7874 FAX (813) 481-1015 [] 10550 Abemathy Street Bonita Spdngs, FL 33923 (813) 992-0795 FAX (813) 992-2327 PROOECT_ PARCEL -_ 7'7-7'' DESCRIPTION: ROAD RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST~ COLLIER COUNTY~ FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST~ COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°39~39e W, ALONG THE SOUTH LINE'OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 2657.68 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 12; THENCE RUN N. 00°52107' W, ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 2631,75 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE RUN N, 00°52~07" W. ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 658.39 FEET TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE CONTINUE N. 00°52~07" W. ALONG THE SAID WEST LINE FOR A DISTANCE OF 30.00 FEET TQ THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N, 00"52~07' W, ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 628,39 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 QF SAID SECTION 12; THENCE RUN N. 88°54~12~ E. ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 50.00 FEET; THENCE RUN S. 00°52'07" E., PARALLEL WITH THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 628,36 FEET; THENCE RUN S. 88°52129" W. PARALLEL WITH THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0,72 ACRE, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF S. 88°39'39" W. ALONG THE SOUTH LINE OF THE SOUTHEAST '1/4 OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY~ FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. SIGNED 05/31/89 HOLE, MONTES & ASSOCIATES, INC. P,L.S. #3741 STATE OF FLORIDA NOTES: BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF S, 88°39~39" W, ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 12~ TOWNSHIP 48 SOUTH, RANGE 25 EAS-I:, ,COL?ER COUNTY, FLORIDA. '.,' SUBdECT TO EASEMENTS~ RESERVATIONS. OR RESTRICTIONS OF RECORD. PARCEL 7 PARENT TRACT LEGAL DESCRIPTION REFERENCES RECORDED IN O.R. BOOK 1103 AT PAGE 765 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 7-T-- PARCEL TAKE NOT A SURVEY b-LL a HOI~ MONTr~ &: ASSOCIKI'ES EXHIBIT.,'v'? '/ ~o~e~\ ~ z--1 T 5~"7~// 7'0 ,~ ~'G,4 Z ~,~ 5' ¢ s~c~o~ /~ ,F.B. :AOE DRA~IO No. =RO, ECT No, MEMORANDUM TO: Ellie Hoffman Records Technician III Minutes & Records Management FROM: Toni A. Mott Supervisor Real Property Management Department DATE: May 17, 2001 Livingston Road (NN MSTU) Collier County Project No. 65041 Parcel 917 (Long Bay Partners, LLC) Please find attached one (1) original recorded Utility Easement for the above referenced project. The Board of County Commissioners of Collier County, Florida approved the recordation of same on April 24, 2001, Item 16(b)(9). 0 ~ Please contact me if you have any questions or comments at X8991. Thank you. attachments as stated cc: Inventory File w/attachment Project: Livingston Road - NNMSTU Parcel: 917 Folio: 00147600004 2791960 OR: 2821 ?G: 1038 UCOUr)lD i~ OFFICIAL UCO~S o[ COLLINI COUNTY, PL 05/08/2001 at 09:5SAJ( DWlGH~ i. BIIOCI, CLNU P-epared b.Y: ReL~: ~:llen T. Chadwe~l, Esqu$~'e UAI. FItOF]N?T Of¢ice of the County Attorfley .130! East Tamiami Trail ~aples, Florida 34112 IN~R (941) 774-8~ UTmLmTY EASEUENT CONS 6&00.00 UC 711 15.00 D0C-,70 46.20 CO)IlS 3.00 THIS EASEMENT, made and entered into this~,~,~a day of,--7, y_.._~ , 2001, by LONG BAY PARTNERS LLC, a Florida limited liability company, by its undersigned Managing Member, whose mailing address is 3451 Bonita Bay Boulevard SW, Suite 202, Bonita Springs, FL 34134 as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WITNESSETH: Grantor, 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, license, and privilege for utility purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials including, but not limited to, sewer lines and pipes, service and pump stations, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Witness (Signature) Name: z~Wo /(P Z . ~o/~ (Print) (Print) THIS CO#V~YANCE AC(tEWPrEO my ~ BOngO OF COUNTY CON#I$$IO~lt~, C~LI~ COUNTY, FLORIDA, ~R~AN~ TO AGENOA, LONG BAY PARTNERS tLC, a Florida limited liability company BY: BONITA BAY PROPERTIES, INC., a Florida corporation ~ice President Address: 3451 Bonita Bay Blvd, Suite 202 Bonita Springs, FL 34134 OR: 2821 PG: 1039 STATE OF ~ COUNTY OF ~ _-The foregoing Utility Easement s .ack ow. ledged before me this c~___~ dave of ~ , 2001, by~2~ ~f~/~ (name), Fa~esi~e~FVice President on behalf of Bonita Bay Properties, Inc., a Florida corporation, as Managing Member of Long Bay Partners LLC, a Florida limited liability company, who is ~ersonally known to meier who has produced as identification. (affix notarial seal) 1~,,3J~q~.'.",~) EXPIRES: Nove~b~ 16, ~01 tary Public) ( Crint name of Notary Public) NO~RY PUBLIC Serial/Commission #: if any My Commission Expires: / *** OR: 2821 PG: 1040 *** # m