Tiburon Golf VenturesTO:
FROM:
DATE:
RE:
Memorandum
Ellie Hoffman
Records Technician III
Minutes & Records Management
J. Keith Gome~~
Real Property,~ek~{alist III
Real Property ~M~tnagement Department
May 7, 2001
Livingston Road Project No. 62071
WCI Communities Inc./Pelican Marsh
Please find attached one (1) original recorded Warranty Deed, one (1) original recorded Golf Cart Access
Easement and one (1) original recorded Grant of Utility Easement for the above referenced project.
The Board of County Commissioners of Collier County, Florida accepted and approved the conveyances and
approved the recording on January 23, 2001, pursuant to Agenda Item #16(B)6.
Please contact me if you have any questions or comments at extension 8845.
Thank you.
attachments as stated
cc: Mitch Riley, P.E., Senior Project Manager, Transportation Engineering and
Construction Management Department w/copy of Deed/Grant/Golf Easement
Sharon Newman, Transportation Accounting Supervisor, Transportation
Administration w/copy of Deed
Tax Collector's Office w/copy of Deed
Property Appraiser's Office w/copy of Deed
Inventory File w/copy of DCA(Page 1)/Deed/Grant/Golf Easement
Project Contractors file w/copy of DCA(Page 1)/Deed/Grant/Golf Easement
Off/ce of the Real Property Management Department
Project: Livingston Road
Parcel: Portion of Sections 25 and 36,
Township 48 South, Range 25 East,
Collier County, Florida
This instrument prepared by:
Vivien N. Hastings, Esquire
24301 Walden Center Drive
Bonita Springs, FL 34134
2786042 OR: 2814 PG: 2168
ll~CORI)ID in OI~IClAL RICORDS of COLLIIR COUN?Y,
04/27/2001 at 09:431# DWIGHY l. BROCK, C~.RRK
CONS 1857010.00
RBC ~N! 33.00
DOC-.70 12999.70
COPIIS 7.00
Retn:
RIAL PROPIR?Y
IX? 8991
IN?IR O~IeR
WARRANTY DEED
THIS WARRANTY DEED made this k~day of January, 2001, by WCI COMMUNITIES, INC., a
Delaware corporation, successor by merger of WCI Communities Limited Partnership and by merger of WCN
Communities, Inc. (hereinafter called the "Grantor") to COLLIER COUNTY, a political subdivision of the State of
Florida, its successors 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
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 ("Property").
This Property is not now, nor has it ever been, the homestead of the Grantor, nor is it contiguous to any
homestead of the Grantor.
Subject to utility easements, Cart Path Easement, local governmental restrictions and reservations of record.
TOGETHER with all the tenements, hereditaments, 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 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.
Signed, sealed and delivered
in the presence of:
Printed Name
WCI COMMUNITIES, INC., a Delaware
corporation
Vivien N. Hastings
Senior Vice President
Printed Na~e' --
COLLIER COUNTY, FLORIDA,
i:pelicanmarsh\deedcty.wci
OR: 2814 PG: 2169
STATE OF FLORIDA )
COUNTY OF LEE )
The foregoing instrument was acknowledged before me this ay of January, 2001, by Vivien N. Hastings,
as Senior Vice President of WCI Commumties, Inc., a Delaware corporation, on behalf of the corporation. She is
personally known to me. .
Notyy Pul~li~
Printed Name
My Commission Expires
i:pelicanmarsh\deedcty.wci
OR: 2814 PG: 2170
PROJECI: NO, 6:~061.
PROJECT PARCEL NO:
TAX PARCEL NO.
SECTION .36, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
SKETCH OF RIGHT-OF-WAY PARCEL_ (NO-[ A SURVEY)
(SEE SHEET 5 OF 5 FOR DESCRIPTION OF RICH'S-OF-WAY PARCEL.)
MATCHLINE SEE SHEET 2 OF 5 N
~, , z~
~ ~ sc~: ~" = 250'
~ ~ o I
I I
~ ~ ~ ~ + ~ I o
o ~
~~ ~ ' ~ I ~ ' '
~ I P.O.B.
' I 275.25 ;~ PARCEL ,a6
L NORmERLy RIGHT_OF_WAYILINE ~ 5 ~9'09'~9' ~ LNORrHERLY RIGHT-OF-WAy tINE
~oo.,* (150' ~DE R.O.W.)
VANDERBILT BEACH ROADI EX~ SION ~ ~
I
I
~ SOU~ UNE OF SEC~O~ 36, BASELINE PI = ~ ~ ~ SOU~ U~E OF ~CnON Jr,
~. 48 S., eGO 25 g. 416+2B.74 ~ P.O.C. r~.
SEC~ON 3;. TWP. 4f S., RGE. '26 [.. AS BEING N 02'05'57
PREPARED BY: .
::::::~RUNDAGE,,. ~ DRAWN BY:~ DATE: JAN. 12. 2~
~ ~--~ ~ ~"" ~ "--~ ~ "" ~ ~ ~' (""'~'-""~ FILE NO: 1~03 ACAD NO: 78~-1A
.EXHIBI'I
I
OR: 2814 PG: 2171
PROJECT: NO. 62061
PROJECT PARCEL NO:
TAX PARCEL NO.
SECTION 56, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEy)
('SEE SHEET 5 OF 5 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL)
MATCHLINE SEE SHEET $ OF 5 N
I I PROPOSED--.. 'r-
I I = DRAINAGE I LOWELL L. LADEWIG
~ £ASEM£NTwesT JO' I (O.R. 2541, PG. 451)
' I SCALE: I" = 250'
~ a~ I~l~ ~-
I I ~,~ ,~
~ ~m ' ~ SEC~ON LINE
~A TCHLINE SEE SHEET I OF 5
PREPARED BY: RF~S~ON: /
EXHIBIT
OR: 2814 PG: 2172
PROJECT: NO. 62061
PROJECT PARCEL NO: __
TAX PARCEL NO. __
SECTIONS 36 AND 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVE'~)
(SEE SHEET 5 OF 5 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL)
MA TCHLINE SEE SHEET 4 OF 5 N
~j ~ ~ ~ u SCALE: I" = 250'
~ SOU~ LINE OF SEC~ON 25,~ o 275'
~ o ~SOU~ LINE OF SECTION jO,~
NOR~ LINE OF SEC~ON 56 t I NOR~ LINE OF SEC~ON
T~. 48 S,, ROE. 25 E. ' ~ ~ 0 T~. 48 S., RCE. 26 E.
~ ~ ~ ~ ROSENMAN. AUCE McNEESE
~ ~ m ~ AND J. DUDLEY GOOD~
~ ~ O.R. 2048, PG. 455)
2216, PG. 1296)
~ BEARINGS A~E BASED ON [HE ~ST LINE OF ~E SOU~ST QUAR~R ~
· SECHON 31, TWP. 48 5., RGE. 26 E., AS BEING N 02'05'57" W. /~
PREPARED BY: ] ~HEE T
EXHIBIT
OF5
OR: 2814 PG: 2173
EXHIBIT
PROJECT: NO. 62061
PROJECT PARCEL NO:
TAX PARCEL NO. __
SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER DESCRIPTION COUNTY, OF RIGHT-OF-WAY FLORIDA
SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEYS)
(SEE SHEET 5 OF 5 FOR PARCEL)
ASTON GARDENS AT I I -- I--PROPOSED 30' R.O.W., N
,,o I D.E., U.E. AND M.E.
PELICAN MARSH LTD. L.P. ,
AND THE VILLAS AT PELICANI o) I
~ c..JI '~,
MARSh, ~.L.C. I I + - ~c ~"
(O.R. 2385, PG. 2788) m ~
~1 ~i I o ~ ~ SCALE: 1" = 250'
~ o
I
BEARINGS ARE BASED ON ~E ~sr LINE OF ~E SOU~ST OUAR~R OF
' SEC~ON ~1, T~. 4~ S., RG[. 26 E,, AS BEING N 02'05'57"
PREPARED BY: S F 5
R~ ~glQN:
,..,,, UNDAGE.~ DR DATE: JAN. 12. 2001
p~leoeiono] engineer, ~lo~e~, a l&~d su~yor~ CHECKED~ PROJECT NO.: 7~41-~
~ ~ ,.~.u~ ,.. ~ ~ ~, -- ~- ,~ (~.~_~, FILE NO ACAD NO: 7805-1D~
*** OR: 2814 PG: 2174 ***
PROJECT: NO. 6;~061
PROJECT PARCEL NO: __
TAX PARCEL NO. __
SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
DESCRIPTION OF RIGHT- OF- WA Y PARCEL
ALL THAT PART OF SECTIONS 25 AND 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36, THENCE
NORTH 02'05'57" WEST ALONG THE EAST LINE OF 5AID SECTION 36, A
DISTANCE OF 150.15 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT-
OF-WAY LINE OF VANDERBILT BEACH ROAD (C.R. 862) SAID INTERSECTION
BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED.
THENCE CONTINUE NORTH 02'05'57" WEST ALONG THE EASTERLY LINE OF
SAID SECTION 36, A DISTANCE 'OF 2518.85 FEET TO THE EAST QUARTER CORNER
OF SAIO SECTION 35;
THENCE NORTH 02'11'25" W~ST ALONG THE EASTERLY LINE OF SAID
SECTION 36, A DISTANCE QF 2671.60 FEET TO THE NORTHEASTERLY CORNER QF
SAID SECTION 36;
THENCE NORTH 02'00'05" WEST ALONG THE EASTERLY LINE OF SAID
SECTION 25, A DISTANCE OF 2670.66 FEET TO THE EAST QUARTER CORNER OF
SAID SECTION 25;
THENCE NORTH 02'06'13" WEST ALONG THE EASTERLY LINE OF SAID
SECTION 25, A DISTANCE OF 390.22 FEET TO AN INTERSECTION WITH THE
SOUTHERLY LINE OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK
2385, PAGE 2788, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE SOUTH 89'15'39" WEST ALONG THE SOUTHERLY LINE OF SAID
LANDS, A DISTANCE OF 275.08 FEET TO AN INTERSECTION WITH THE EASTERLY
LINE OF A FLORIDA POWER AND LIGHT UTILITY EASEMENT AS RECORDED IN
OFFICIAL RECORD BOOK 432, PACE 720, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA;
THENCE LEAVING SAID SOUTHERLY LINE OF SAID LANDS SOUTH 02'06'13"
EAST ALONG SAID EASTERLY LINE OF SAID EASEMENT, A DISTANCE OF 389.76
FEET TO AN INTERSECTION WITH THE EAST-WEST QUARTER SECTION LINE OF
SAID SECTION 25;
THENCE SOUTH 02'00'05" EAST ALONG THE EASTERLY LINE OF SAID
EASEMENT, A DISTANCE OF 2670.10 FEET TO AN INTERSECTION WITH THE
NORTHERLY LINE OF SAID SECTION 36;
THENCE SOUTH 02'11'25" EAST ALONG THE EASTERLY LINE OF SAID
EASEMENT, A DISTANCE OF 2669.49 FEET TO AN INTERSECTION WITH THE EAST-
WEST QUARTER SECTION LINE OF SAID SECTION 36;
THENCE SOUTH 02'05'57" EAST ALONG THE EASTERLY LINE OF SAID
EASEMENT, A DISTANCE OF 2516.78 FEET TO AN INTERSECTION WITH THE
NORTHERLY RIGHT-OF-WAY LINE OF SAID VANDERBILT BEACH ROAD (C.R. B62);
THENCE SOUTH Bg'39'40" EAST ALONG SA~D NORTHERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 275.25 FEET TO THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED.
CONTAINING 52.07 ACRE5 OF LAND MORE OR LESS.
EXHIBIT "A"
BEARINGS ARE BASED ON THE WEST LINE OF THE SOUTHWEST QUARTER OF
' SECTION 31, TWP. 4B S., RGE. 26 E. AS BEING N 02'05~57'' W
' / ' ,...~/HEET 5 OF 5
PREPARED
BY:
......~ .F~.~,oN: /// //
· ,. , ,.S.M. NO.
mmmmmmmm ; .
...... ~ ................. ~ ...... INI) ....... i CHEQ~ BF: WDA PROJECT NO.:
This instrument prepared by:
Stephen C. Pierce, Esq.
24301 Walden Center Drive
Bonita Springs, FL 34134
2786044 OR: 2814 PG: 2180
RICORDID in OFFICIAL RICORDS of COLLIBR COUNTY, FL
04/27/2001 at 09:43AH DtflGHT B. BROCK, CLBRK
RBC FEB 24.00
DOC-.70 .70
COPIBS 5.00
aetn:
RBAL PROHRTY
SZ? 8991
INTBR OFFICS
GOLF CART ACCESS EASEMENT
THIS INDENTURE is made as of the ,~,~A,d2 day of ~ , 2001, by and
between COLLIER COUNTY, a political subd~ of the StYe of Florida, whose post office
address of 3301 East Tamiami Trail, Naples, Florida 34112 (the "Grantor"), and TIBURON
GOLF VENTURES LIMITED PARTNERSHIP, a Delaware limited partnership, whose
mailing address is 24301 Walden Center Drive, Suite 300, Bonita Springs, Florida 34134 (the
"Grantee").
WITNESSETH:
THAT, for and in consideration of the sum of TEN and No/100 U.S. Dollars ($10.00) and
other good and valuable consideration, receipt of which is hereby acknowledged, the Grantor
hereby grants to the Grantee, its successors and assigns, for the benefit of the Grantee's present and
future members, and their tenants, invitees, business invitees, licensees, mortgagees and employees,
a non-exclusive easement over, under, on and through the real property described on Exhibit "A"
attached hereto and incorporated herein by this reference, for the purpose of providing pedestrian
and golf cart ingress and egress to the adjacent land owned by Grantee, all such lands being situated
in Collier County, Florida.
TO HAVE AND TO HOLD the easement hereby granted unto the Grantee, its successors
and assigns.
The Grantee, by acceptance of this easement, agrees for itself, its successors and assigns,
not to interfere at any time with the right of ingress or egress of the Grantor, its successors or
assigns, or the general public any other party requiring access to any of the real property over which
this easement is granted.
In the event Grantee, its successors and assigns, shall fail to use this easement for the
purpose intended, then Grantee, its successors or assigns, shall vacate, cancel and annul said
easement or relevant part thereof.
Grantor, its successors or assigns, shall upon said vacation, have the right to require
Grantee, its successors or assigns, to remove any structure or improvements which may affect the
use of the property. THIS CONVEYANCE APPROVED BY ~
BOARD OF COUNTY COMMISSION~
COLLIER COUNTY. FLORIDA,
DATED: ~ ~ - 2 %, ~.1 ITeM N0. ~' ~ '~ (o
OR: 2814 PG: 2181
Grantee hereby covenants and agrees to indenmify, save, protect and hold harmless Grantor
against any loss, damage, injury, debt or expense (including attorney's fees) claimed or asserted by
any person or entity, arising out of Grantee's installation or use of Grantee's facilities described
above.
This easement shall be a covenant running with the land and shall be binding upon and
inure to the benefit of the parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the Grantor has caused these presents to be signed in its name
by its Board of County Commissioners acting by the Chairman of said Board, the day and year first
above written.
· :., Z<, ar- , c eputy C erk
Attest a~ to
signature
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLOR~
(
, Chairman
Legal\pelmarshhftz\easement-access WCI Tiburon
OR: 2814 PG: 2182
STATE OF FLORIDA
COUNTY OF COLLIER
Tt~foregoing Golf Cart Access Easement was acknowledged befo.,rz~e this day of
\ 2001 by , as
Chairman of'~he Board ofCou'nty Comnfissioners, Collier County, F~da, to me well known to be
the person who executed the foregoing instrument and ackno)yl~dged to and before me that he
executed said instrument in the capacity and for the purpose/Mherein expressed. He is personally
known to me. ,,
NN No~ Public
My commission expires: X~
/'
Notary Commission Number
(SEAL)
LegalXpelmarshMtz~easement-access WCI Tiburon
OR: 2814 PG: 2183
PROJECT: NO. 62061
PROJECT PARCEL NO:
TAX PARCEL NO.
SECTION 56, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
SKETCH OF GOLF CART EASEMENT (NOT A SURVEY.)
(SEE SHEET 2 OF 2 FOR DESCRIPTION OF GOLF CART EASEMENT)
~ N
I ~,~, fr"'
I~m~l ,'/
~ · -~ ~ I ~ SCALE: 1' = 200'
~ i,,o'1,~' . ~ ~ ~, p~~~
I~ I ~~
~ ~ · . + o~
~'~ ~ J I ~ ~', ~ I ~
~d % , , Z + ~ "I
VAND~RBIL T B~A~ ROAD EX~N~ON ~ ~ . , - -
SOUTH LINE OF SEC~ONJJ6,~ I J ~ ~" (150 ~DE ~.0.~)
BEARINGS ARE BASED ON THE WEST LINE OF THE SOU~ST,OUAATER O~
SECTION 51, TWP. 48 S., PGE. 26 E., AS BEING N 02~05
PREPARED BY: . ~ ~~ET I O~ 2
REVISION:
~ .... ~E ~NOLI, R.S~. NO. 5535
~~ SCALE: ~200'
· .....~RUNDAGE,~ . DRAW~B~~ : DATE:__ dAN. 18. 2001
Professional e~inee~, pla~e~, & lana su~yo~ ~, ,~~
~ C~ ~b 101. 1~ H~ ~ ~ ~ ~ ~1 (~1)~?-8111 ~1/~
*** OR' 2814 PG: 2184 ***
PROdECT: NO. 62061
PROdECT PARCEL NO:
TAX PARCEL NO.
SECTION Z6, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
DESCRIPTION OF GOLF CART EASEMENT
A GOLF CART EASEMENT OVER, AND ACROSS ALL THAT PART OF SECTION $6,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36, THENCE
NORTH 02'05'57" WEST ALONG THE EAST LINE OF SAID SECTION 36, A
DISTANCE OF 1730.80 FEET TO THE POINT OF BEGINNING OF THE EASEMENT
HEREIN BEING DESCRIBED;
THENCE CONTINUE NORTH 02'05'57" WEST ALONG THE EAST LINE OF SAID
SECTION 36, A OISTANCE QF 49.35 FEET;
THENCE LEAVING SAID EAST LINE OF SAID SECTION 36, SOUTH 87'16'12"
WEST 275.02 FEET TO AN INTERSECTION WITH THE EAST LINE OF A FLORIDA
POWER AND LIGHT EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 432,
PAGE 720, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE SOUTH 02'05'57" EAST ALONG THE EAST LINE OF SAID F.P.L.
EASEMENT A DISTANCE OF 47.42 FEET;
THENCE LEAVING SAID EAST LINE OF SAID F.P.L. EASEMENT NORTH
87'40'21" EAST 275.00 FEET TO THE PONT OF BEGINNING OF THE EASEMENT
HEREIN DESCRIBED;
CONTAINING 13305 SQUARE FEET OF LAND MORE OR LESS.
BEARINGS ARE BASED ON THE WEST LINE OF THE SOUTHWEST QUt~R'TER OF ~/~:;.t. ;,
SECTION 51 TWP 48 S RGE 26 E. AS BEING N 02'05'57"JW.' ~/~Y:-i~ ' '
PREPARED BY: : ~' t,~E£T 2' Or' 2
· ...~-~6NOLi BY.
~m..m_m..~:~ ~A'~,/.', 'A~I~OLI, R.S.M,. NO. 5555
mm mm mm mm mm mm ~ SCALE:
mmmmmm~_~RUNDAG~,,.~. DRAWN/~: ¢A'N ~:' DA'i;'E}' ¢A'N. 18, 2001
Profe.ional engineers planners, & land surveyors ......
PROJECT:
PARCEL:
FOLIO:
Livingston Road
2786043 OR: 2814 ?G: 2175
RECORDED in OffICIAL RECORDS of COLLIER COUNTY, ~L
04/27/2001 at 09:~3AK DWIGHT E. BROCK, CLERK
~C FNE 24.00
DOC-.?0 .70
COPIES 5.00
Retn:
REAL PROPERTY
EXT 8991
INTER OFFICN
GRANT OF UTILITY EASEMENT
This indenture made and executed this ,~,~,,t,z- day of January, 2001, by and between
COLLIER COUNTY, a political subdivision of the State of Florida, its successor and/or assigns,
whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter
referred to as GRANTOR and TIBURON GOLF VENTURES LIMITED PARTNERSHIP, a
Delaware limited partnership, its successors and/or assigns, whose post office address is
24301 Walden Center Drive, Suite 300, Bonita Springs, Florida 34134, hereinafter referred to
as GRANTEE.
WITNESSETH
That for and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, receipt of which is hereby acknowledged, the GRANTOR hereby grants
to GRANTEE, its successors or assigns, an exclusive easement for the construction,
maintenance, use, repair and replacement of effluent-irrigation water holding pond and related
improvements over, under and through the property as more particularly described on Exhibit
"A" attached hereto and made a part hereof.
TO HAVE AND TO HOLD the easement hereby granted unto said GRANTEE, its
successors and assigns.
GRANTEE, by acceptance of this easement GRANTEE agrees for itself, its successors
and assigns, to maintain said easement and in no way interfere or impede at any time with the
right of ingress or egress of GRANTOR, its successors and assigns or the public with the use
Livingston Road. GRANTEE further agrees that it will at all times use extreme care to restore
all grounds to as good or better condition than found prior to construction, maintenance and
repair.
GRANTEE agrees by acceptance of this easement that the effluent-irrigation water
holding pond and related improvements shall be used for storage and distribution of irrigation
water to the Tiburon Golf Course and the Tiburon Community situated in Collier County,
Florida.
GRANTEE further agrees by acceptance of the easement that it shall maintain and
adhere to all rules and regulations of the state, federal and local ordinances relating to the
effluent-irrigation water holding pond and related improvements.
In the event GRANTEE, its successors or assigns, shall fail to use this easement for the
purpose intended, then this easement shall automatically revert to GRANTOR, its successors
or assigns and this easement shall terminate.
GRANTOR, its successors or assigns, shall upon said vacation, have the right to require
GRANTEE, its successors or assigns, to remove any structure or improvements which may
affect the use of the property.
GRANTEE hereby covenants and agrees to indemnify, save, protect and hold GRANTOR
harmless from and against any and all losses, damages, costs or expenses (including
attorney's fees) incurred by GRANTOR, arising out of or resulting from Grantee's use of the
easement property and any and all claims by any person or entity in connection with the
easement property, including but not limited to hazardour~ materials and or environmental
hazards on the easement property known at the time of entering into this easement or that
GRANTEE is informed of at some future time.
This easement may not be assigned without prior written approval of Collier County,
which approval will not be unreasonably withheld.
THIS CONVEYANCE APPROVED BY~
BOARD OF COUNTY COMMISS~
~~i~)NTY.FLORIDA,
OR: 2814 PG: 2176
IN WITNESS WHEREOF the GRANTOR has caused these presents to be executed in its
name by its Board of County Commissioners acting by the Chairman of said Board, the day and
year first above written.
BOARD OF COUNTY COMM~SIONERS
BY: - ~~) ~-
//,/ , Chairman
/
'~,T. ATE OF FLORIDA
B re me personall~ight EBrock, as Deputy Clerk of Colliet~'~our~ty,
Florida,Bond';If of Collier County, to me well know to be the person who e~'ecuted he
foregoing instrO~xent, and acknowledged to and before me that he executed said instrument in
the capacity and fb~.expurposes therein expressed. He is personally known t° me.
Witness my han~,~icial seal this day of Janulry, 2001.
.... '~ Notary ~dl'i~
My Commission Expires:
P~inted Name of Notary Public
STATE OF FLORIDA
COUNTY OF COLLIER
//
Before me personally/a~peared , as Chairman of the
Board of County Commissi/oners Collier County, Florida, on ,half of the commission, to me
well know to be the pers~on who executed the foregoing i~st~ and acknowledged to and
before me that he executed said instrument in the capacity for the purposes therein
expressed. He is p~onally known to me.
y hand and official seal this day of January, 2001.
Notary Public
My C.e'mmission Expires:
Printed Name of Notary Public
OR: 2814 PG: 2177
PROJECT: NO. 62061
PROJECT PARCEL NO: \~
TAX PARCEL NO.
SECTION 25, TOWNSHIP 48 SOUTH, RANGE
COLLIER COUNTY, FLORIDA
SKETCH OF EFFLUENT POND (NOT A SURVEY.)
(SEE SHEET J OF J FOR DESCRIPTION OF EFFLUENT POND,)
25
S.R. 846 IMMOKALEE ROAD
NORTH ,,NE O~ SECT, ON 25. J I I ,~,Jo,,., '
TWP. ,48 S., RGE. 25 E. I'"'"'! ........
t50 R.O.W. PARCEL I--~ (O.R. 1710, I'G. $75~
c~ (O.R. 2499, PG. 0541`) 125'
(O.R. 2499, PG. 0339,) '
MA TCHLINE
EAST
N
-~ SCALE: 1" = 250'
'~ /~ I NORTH LINE OF ~ECTION 30 'iI
/7 I I TWP. 48 S., RGE. 26 E. '
z+l I~ ~li ~ ~ [
= III I~~ II ~ -~ /
' I~ I ', Z~ NN ~ I
. ~ · i a~ ~ II ~
o1~~'~ a~ ~ Ii I. ~o ~
0
oO ~ , ~
~ o I D.E., U.E. AND M.E.
275' d I
SEE SHEET 2 OF 3 ~--SECTION THIRTY
(_~*~"'2'1~i, PG. 1097,)
,~ ~'c:~. ~'~ ~, r~c 11Ol)
~ BEARINGS ARE BASED ON THE WEST LINE OF' THE SOUTHWE$-f QUZ~R.T, ER OF
SECTION ~1, TWP. #8 S., RGE. 26 E., AS BEING N
PREPARED BY:
· ~n~Jk~Ot, l BY:
· .... /~~o~., ~.~,,. ~o.
· .....'"'"r~""i~*~t~'~ & sc~'~: l_:_~_a:
· .....~*~,-~. DR~WN ~~~,~ZE~ ~N, ~2. 200~
~o,...,o~, ..,,~..~, ~,....., · ,..~ ..~,o. ~~~.~.C!'~°-:
OR: 2814 PG: 2178
PROJECT: NO. 62061
PROJECT PARCEL NO:
TAX PARCEL NO.
SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
SKETCH OF EFFLUENT POND (NOT A SURVEYI
(SEE SHEET ,3 OF 5 FOR DESCRIPTION OF EFFLUENT POND)
MA TCHLINE SEE SHEET 1 OF 5 N
' SO~iTHEAST CORNER OF-~ ~.-J!
/ O.R. 2385, PG. 2788I I L2 %,"1 4
LE 1"
/~l . ~ I ~ u ~ I , ~ : = 250'
/ ~ I ~L7~ 0 .. I
~ PARCE. 189 ~ ~ ~a~--.~
~ 0
~PPP~P~ 4~ I
! % '
- ~ 2z5' '%'1 ,.z ....
~1~~ I' ' I I ."
SECTION 31, TWP 48 S, RGE 26 E, AS BEING N ~2'05'J7"~
PREPARED BY: -- ~' ' ' ~,S,ON' /: ~ ,;,~~ET 2 OF J
, . D y: ~j~AN ::,' ¢"B~TEL, ¢A:N. 12. 2001
~. corm ~a ,o,, ,m ~..~ ~.~ ~_~. ~ ~ (,~,)~7-~,*, FIL O: 7 ACAD NO: 7803-48
/-SOUTH LINE
/O.R. 2585, PG. 2788'
Z'+
EAST-WEST ONE-QUAR~R
SECTION LINE
275'
*** OR: 2814 PG: 2179 ***
PROJECT
SEC TION 2,5,
TAX PARCEL NO.
TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
DESCRIPTION OF EFFLUENT POND
ALL THAT PART OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 25, THENCE SOUTH
02'06'15" EAST ALONG THE EASTERLY LINE OF SAID SECTION 25, A DISTANCE OF
2279.55 FEET TO THE SOUTHEAST CORNER OF THOSE LANDS AS DESCRIBED IN OFFICIAL
RECORD BOOK 2385, PAGE 2788, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE LEAVING SAID EASTERLY LINE OF SAID SECTION 25 SOUTH 89'15'59": WEST
ALONG THE SOUTHERLY LINE OF SAID LANDS A DISTANCE OF 275.08 FEET TO AN
INTERSECTION WITH THE EASTERLY LINE OF A FLORIDA POWER AND LIGHT EASEMENT
AS RECORDED IN OFFICIAL RECORD BOOK 452, PAGE 720, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA;
THENCE SOUTH 02'06'15" EAST ALONG THE EASTERLY LINE OF SAID EASEMENT A
DISTANCE OF 40.01 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING
DESCRIBED;
THENCE CONTINUE SOUTH 02'06'15" EAST ALONG SAID EASTERLY LINE OF SAID
EASEMENT A DISTANCE OF 549.76 FEET TO AN INTERSECTION WITH THE EAST-WEST
QUARTER SECTION LINE OF SAID SECTION 25;
THENCE SOUTH 02'00'05" EAST ALONG THE EASTERLY LINE OF SAID EASEMENT A
DISTANCE OF 14~1.87 FEET;
THENCE LEAVING SAID EASTERLY LINE QF SAID EASEMENT NORTH 87"59'04" EAST
70.84 FEET TO THE BEGINNING QF A CIRCULAR CURVE CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 55.00 FEET; THENCE EASTERLY, NORTHEASTERLY AND
NORTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE
OF 90'00'00" AN ARC DISTANCE OF 54.98 FEET TO A POINT OF TANGENCY;
THENCE NORTH 02'00'56" WEST 1690.05 FEET TO THE BEGINNING QF A CIRCULAR
CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 55.00 FEET; THENCE
NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CIRCULAR
CURVE THROUGH A CENTRAL ANGLE OF 88'45'25" AN ARC DISTANCE OF 54.20 FEET
TO A POINT OF TANGENCY;
THENCE SOUTH 89'15'39" WEST 71.83 FEET TO THE POINT OF BEGINNING OF THE
PARCEL HEREIN DESCRIBED.
CONTAINING 4.26 ACRES OF LAND MORE OR LESS.
BEARINGS ARE BASED ON THE WEST LINE OF THE SOUTHWEST ~U,A,'F~TER.
SECTION 51, TWP. 48 S., RGE. 26 E., AS BEING N 02'05~7 W. "' ''-;/ / OF ,3
Ilmmm~ NO, 5555
· .....--, DRA ' E '
Professionel engineers, planners, & land surveyors CHE
lee Count.y: Suits 10%, l~gO Hendr7 Street, I'ort ]lT.:'r", FL ~,$901 (04.%)3~?-~.].1
Certificate of A~lthortiatlion Now. LB 3664 Ind KB 3864 rix: (94%)566-Z203