White Lake Boulevard TCEMemorandum
TO:
FROM:
DATE:
Re:
Ellie Hoffman
Records Technician III
Minutes & Records Management
Cindy Erb /
Real Property Specialist III
Real Property Management Department'
August 8, 2001
SCRWTP Expansion Project - White Lake Boulevard Property Exchange
and Design/Construction Agreement
Please find attached one (1) original recorded Temporary Construction Easement (D-2
& E-2), one (1) original recorded Utility Easement (A), one (1) original recorded Utility
Easement (C, D-l, E-l, F, & G), one (1) original recorded Utility Easement (B & H),
one (1) original recorded Memorandum of Right-of-Way Consent Agreement (FPL) and
one (1) original Right-of-Way Consent Agreement (FPL) for the above referenced
project.
The Board of County Commissioners of Collier County, Florida approved the
conveyance pursuant to Agenda Item 16 C (17), August 1,2000.
Please contact me if you have any questions or comments at 8917.
Thank you.
attachments as stated
cc: Tax Appraiser's Office w/attachment
Inventory File w/attachment
Office of the Real Property Management Department
PROJECT: Golden Gate Wellfield Expansion
Easements D-2 & E-2
Ellen T, Chadwe11, Esquire
Office of the Oounty Attorne~
3301 East Tamlamt Trai~
Naples, Florida 34112
(941) 774-84(]0
2828748 OR: 2861 PG: 1047
RECORDED in ONICIAL R~CORD$ of COLLIER COUNTY, ~L
07/18/2001 at 09:08AM DWIGHT g. BROCK, CLBRK
RB¢ ~BB 28.50
DOC-.10 .70
COPIBS 6.00
Retn:
RNAL PROPBRT¥
BXT 8991
TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT made and entered into this _~'~_ day of ~ ,
200~), by RICHARD K. BENNETT, not individually, but as Successo¥'Trust~e of that
certain Land Trust Number 5360, dated the 8t' day of April, 1985, and known as Trust
Number 5360, whose mailing address is 865 Fifth Avenue South, Naples, Florida
34102, (hereinafter referred to as "Grantor"), and 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 (hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" are used for singular or
plural, as the context requires, and include all the parties to this instrument and their
respective heirs, legal representatives, successors and assigns.)
WlTNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
temporary easement to enter upon the following described lands located in Collier
County, Florida, to wit:
SEE ATTACHED EXHIBIT "A"
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY. Neither the Grantor nor grantor's
spouse or any other family member resides on the property described herein or
adjacent thereto and does not therefore constitute homestead property.
THIS EASEMENT is granted for the express purpose of providing Grantee
temporary access to Grantor's lands as described above, and for the purpose of
installation and maintenance of a public supply well, over, under, upon, and across the
land as described above. This Easement shall commence on January 1, 2001 and
expires on January 1,2004. Grantee shall restore the surface of the Easement Area to
the condition existing prior to the commencement of construction adjacent thereto.
IN WITNESS WHEREOF, the
executed the day and year first above written.
..'~. ~.~.~-CE~ (Print o(~e)~'
Witness (Signature)
GRANTOR has caused these presents to
RICHARD K. BENNE~z.~rustee
THIS CONVEYANCE APPROVED BY THE
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
Name:
be
Ellie B. Reed
(Print or Type)
OF RESOLUTION NO. ,~C'~o ~ ,~14_~ ;~m ~'/u,,'CJ(J '/)
STATE OF
COUNTY OF
OR: 2861 PG: 1048
c~ foregoing~orary Construction Easement was acknowledged before me
this day of ~ ~ ,200¢ by Richard K. Bennett, not individually, but
as Successor Trustee of that certain Land Trust Number 5360, dated the 8th day of
April, 1985, and known as Trust Number 5360. He is personally k~ or who
has produced [type of identification] as identification.
WITNESS my hand and official seal this 9~/'~lday of'~ ,
200~.
...~(Signature of Notary Public)
I=llie R: Reed
(Print Name of Notary Public)
NOTARY PUBLIO
Serial/Oommission #:(if any)
My Oommission Expires:
~.~:;'~AsS ~ start Count~ Attorne~
E~len T. Chadwell
S[C~iO. 35,L; LEGEND
TO~NSH,~ 49 SOUTH,
RANGE 26 FAST. O~ : I~ SECTION CORNER
i R.0. W. RIGHT-OF-WAY GRAPHIC SCALE
o lOO 15o 200
GOLD£N GATE CANAL c5 ~ . '
.... .54 135
I I I
SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT "D 2"
~Fo.= SCRWTP REVERSE OSMOSIS EXPANSION SDSK PROJECT: 0051800
COLUER'COU.,,NTY. FLORIDA CAD FILE: O051800. dwg
~SCALE: NOTED: - ~ '~nnna(x:~ ~ S~L:'r: ..
DRA~BY:S.F.R.N. STAFF; I ~ / N.A.
c~£cxa3 aY: G. RAYMAN
Engineers'SurveyomeMappem~ a3e N"
r
IF'GAL DESCRIPTION - TEMPORARY CONSTRUCTION EASEMENT "D 2'
A PARCEL OF LAND WIDE BEING A PORTION OF THE OF SECTION ,~5, TOWNSHIP
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS ,.34. AND 55, TOWNSHIP
4.9 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE NOO"29'15'W
ALONG THE WEST LINE OF SAID SECTION ,35 A DISTANCE OF 1582.4..3 FEET TO A
POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR
STATE ROAD g5 0-75) SHEET 8 OF 10; THENCE ALONG THE CENTERUNE OF THE
PROPOSED ACCESS ROAD NO. 1, N 8g'.31'O1"E A DISTANCE OF 100.00 FEET TO A
POINT ON THE EASTERLY RIGHT-OF-WAY UNE OF A CANAL, SAID POINT ALSO
BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER
TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT'OF-WAY LINE OF
SAID CANAL NOO'29'15"W A DISTANCE OF 50.00 FEET TO THE NORTHWEST
CORNER' OF SAID PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER
TREATMENT PLANT PARCEL; THENCE ALONG THE NORTHERLY UNE OF SAID ACCESS
ROAD RIGHT-OF-WAY N89'..31'O1"E A DISTANCE OF 4.56.51 FEET TO THE INTERSECTION
OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY UNE OF THE WATER
TREATMENT PLANT PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY UNE
NOO'O4.'14"E A DISTANCE OF 994..98 FEET TO A POINT ON THE WESTERLY UNE OF' A
170 FOOT WIDE FLORIDA POWER AND LIGHT ('FP,~cL) RIGHT-OF-WAY AS DESCRIBED IN
OFFICIAL RECORDS BOOK 681, PAGE 1210 COLLIER COUNTY RECORDS; THENCE ALONG
SAID WESTERLY FP&L RIGHT-OF-WAY LINE, N51'30'28'E A DISTANCE OF 70.02 FEET;
THENCE CONTINUING ALONG SAID WESTERLY FP,~d.. RIGHT-OF-WAY UNE'SSB'50'O3'E
A DISTANCE OF 116.00 FEET; THENCE LEA. VING THE BOUNDARY OF SAID WATER
TREATMENT PLANT PARCEL RUN NOO'4.7'14.'E A DISTANCE OF 271.56 FEET TO A
POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER (NW ~]) OF SAID SECTION
55; THENCE N89'11'12"E ALONG SAID NORTH LINE A DISTANCE OF 1555.00 FEET;
THENCE S00'4.8'4.0'E A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING.
THENCE CONTINUE S00'4.8'4.8'E AT RIGHT ANGLES TO SAID. NORTH UNE A DISTANCE.
OF 60.00 FEET; THENCE S89'11'12"W PARALLEL WITH THE NORTH LINE OF THE
NORTHWEST QUARTER (NWl/4.) OF SAID SECTION ,:,35 A DISTANCE OF 100.00 FEET;
THENCE NOO'4.8'4.8'W A DISTANCE OF 100.00 FEET; THENCE N89'11'12'E PARA[IF'I
WITH THE NORTH UNE OF SAID SECTION 15 A DISTANCE OF 60.00 FEET; THENCE
SOO'4.8'4.8'E A DISTANCE OF 40.00 FEET; THENCE N89'11'12'E A DISTANCE OF 40.00
FEET TO THE POINT OF BEGINNING. ~
SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT "D 2"
IFO . SCRWTP REVERSE OSMOSIS EXPANSION SDSK PROJECT: 0051800
COLLIER COUNTY. FLORIDA CAD RLE: O051aOO. dwg
DRA~aY:s.F.R.N. STAFF~ i/ ~ N.A.
CaECXED ay: G. RAYMAN Engineers. Sun~yomeMa~ Joe
TOV~SHIP 49 SI~IH, ,,..~' LEGEND
RANGE 26 EAST. .O~ il~ SEC]ION CORNER
-' : I s c.o, co...
/
P.O.B. POINT OF BEGINNING
,: R.O.W. RIGHT-OF-WAY 0 100 150 200
m SCALE: 1 '=100'
COU.IER COUNTY, FLORIDA
t~ N89'lS'27'E
· 40,00' '-~.,-o'~" o°'
GOLDEN GATE CANAL NSg'11'12'E I NSg'15'27'E ~ o .
._~ ~ ...z ~ ] ~ = '~//~//~ ~ .
.. , ,. ,e-/ ".~.1 , ,
· ~,'o [ o~ 'l' \_ -.,',,.~,~ ~ n
~ o ~ -- <'3' '
'-LI 4~.5'r q-~yo,,.,, '-
Z ,..'
- 100.00' , ROAD NO. 1 < '
z I ;' I
54 135
I I I
SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT 'E 2"
Fo,=. SCRWTP REVERSE OSMOSIS EXPANSION SDSK PROJECT: 00.51800'
COl I IER COUNTY, ~FLORIDA CAD FILE: O051800. dwg
," SCaJ.F.: NOTED:
ORAWN m':. S.F.R.N. STAFF ,~ N.A.
o.~ eY:. G. RAYMAN
on'r[: 07/20/2000 ,. (~m-m. r~z em.~.~, mmm.c~.
LEGAL DEscRIPTION - TEMPORARY CONSTRUCTION EASEMENT "E 2'
A PARCEL OF LAND BEING A PORTION OF THE OF SECTION 55, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLUER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS .34 AND ,35, TOWNSHIP
49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE NOO'29'lS"W
ALONG THE WEST lINE OF SAID SECTION .35 A DISTANCE OF 1582.4.3 FEET TO A
POINT ON THE CENTERMNE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR
STATE ROAD 93 (I-75) SHEET 8 OF 10; THENCE ALONG THE CENTERUNE OF THE
PROPOSED ACCESS ROAD NO. 1, N 89'51'01"E A DISTANCE OF 100.00 FEET TO A
POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSO
BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER
TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF
SAID CANAL NOO'29'15"W A DISTANCE OF 50.00 FEET TO THE NORTHWEST (NW)
CORNER OF SAID PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER
TREATMENT PLANT PARCEL; THENCE ALONG THE NORTHERLY LINE OF SAID ACCESS
ROAD RIGHT-OF-WAY N89'31'O1"E A DISTANCE OF 456.51 FEET TO THE INTERSECTION
OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY LINE OF THE WATER
TREATMENT PLANT PARCEL; .!]-tENCE ALONG SAID WESTERLY BOUNDARY LINE
NOO'O4'14'E A DISTANCE OF :994.98 FEET TO A POINT ON THE WESTERLY UNE OF A
170 FOOT WIDE FLORIDA POWER AND UGHT (FP&L) RIGHT-OF-WAY AS DESCRIBED IN
OFFICIAL RECORDS BOOK 681, PAGE 1210 COLLIER COUNTY RECORDS; THENCE ALONG
SAID WESTERLY FP&L RIGHT-OF-WAY LINE, N51'30'28"E A DISTANCE OF 70.02 FEET;
THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT-OF-WAY LINE S58'30'03'E
A DISTANCE OF 116.00 FEET; THENCE LEAVING THE BOUNDARY OF SAID WATER
TREATMENT PLANT PARCEL RUN NOO'47'14"E A DISTANCE OF 271..36 FEET TO A
POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION ,35;
THENCE N89'11'12'E ALONG SAID NORTH UNE A DISTANCE OF 1920.65 FEET TO THE
NORTH QUARTER CORNER OF SAID SECTION .35; THENCE N89'lS'27"W ALONG THE
NORTH MNE OF THE NORTHEAST QUARTER OF SAID SECTION .35 A DISTANCE OF
1149..35 FEET; THENCE S00'44'45"E A DISTANCE OF 60.00 FEET TO THE POINT OF
BEGINNING. THENCE CONTINUE S00'44'53"E AT.RIGHT ANGLES TO SAID NORTH MNE
A DISTANCE OF 60.00 FEET; THENCE N89'15'27"E PARALLEL WITH THE NORTH LINE
OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION .35 A DISTANCE OF 100.00
FEET; THENCE NOO'44'35"W A DISTANCE OF 100.00 FEET; THENCE N89'15'27"E
PARALLEL WITH SAID NORTH lINE A DISTANCE OF 60.00 FEET; THENCE S00'44'33"E
A DISTANCE OF 40.00 FEET; TF~ENCE N89'15'27"E A DISTANCE OF 40.00 FEET TO
THE POINT OF BEGINNING.
SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT 'E 2'
rk°": SCRWTP REVERSE OSMOSIS EXPANSION SDSK PROJECT: 0051800
COLUER COUNTY, FLORIDA CAD FILE: O051800. dwg
ORA~ aY: S.F.R.N. STAFF N.A.
CH£C~ BY: G. RAYMAN oee ~
En neem. Sun./om - Mappers
PROJECT: Golden Gate Wellfield Expansion
Easement A
Prepared by:
Ellen T. Chadwell, EsqutPe
Office of the County Attorney
2828749 OR: 2861 PG: 1053
RI~CORDED in O~I¢IAL RECORDS of COLLHR COIINT¥, FL
07/18/2001 at 09:08AM Df(ICH? I. BROCK, CLERK
COXS 110530.00
HC H) 19,50
DOC-.70 774.20
C0PH8 4,00
Retn:
HAL PROHR?¥
3301 East Tamiamt Trail 1l? 8991
Naples, Florida 34112 UTILITY EASEMEN~
(941) 774-8400
THIS EASEMENT' made and entered 'nt° this ~"~ ~ day °f ~ust'e~of '
200~, by RICHARD K. BENNETT, not individually, but as Successor that
certain Land Trust Number 5360, dated the 8th day of April, 1985, and known as Trust
Number 5360, whose mailing address is 865 Fifth Avenue South, Naples, Florida
34102, 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, 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. Neither the Grantor nor grantor's
spouse or any other family member resides on the property described herein or
adjacent thereto and does not therefore constitute 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, water lines and pipes, service and deep injection wells, 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 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.
DATF__,~:~ J,
,~-Wiiness (Signature~- -
Name:
(Print 6r Typ&-)- --
tness (Signature)
me: EIIio B. Reed
(Print or Type)
RICHARD K. BENNET~:~.~.ustee
THIS CONVEYANCE APPROVED BY THE
BOARD OF COUNTY COMMISSIONER~,
COLLIER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
OF RESOLUTION NO. ~oOc;-
OR: 2861 PG: 1054
STATE OF
COUNTY OF C,~z..,o '/-.~.~
The foregoing Utility Easement was acknowledged before me this-/' day of
,"~',~.~,-,/ , 200~ by Richard K. Bennett, not individually, but as Successor
Trustee' ' of that certain Land Trust Number 5360, dated the 8th day of April, 1985, and
known as Trust Number 5360. He i___ss personally known to me or who has produced
[type of identification] as identification. -
WITNESS my hand and official seal this ~,¢-,~l day ~-~ , 200~.
(affix notarial seal)
Notme,r. P, d:dic.L
e:llle-l . Reed
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
SECTION 35,
T0WN,~-IIP 49 SOUTH,~,~,~
RANGE 26 EAST.
COLLIER COUNTY, FLORIDA
LOCATION MAP
SEC~ON CORNER
QUARTER SEC~ON CORNER
SKETCH
P.O.B. POINT OF BEGINNING NOT TO SCALE
R.O.W. RIGHT-OF-WAY
.o ~ S00'29'15"E
°d 50.00'
L/ 89'31 '01 "E
454.2_~8'
WEST LINE ~t ~ WATER
= TREATMENT
OF WATER'"'-- ~ ~
-'- ~ PARCEL
TREATUENT ~- ,~
PARCEL ~
P.O.B. S89'04'40'W
""x ) 690.82'
? ~ N89'04'40'E ~
~ ~ 690.82'
40' WIDE EASEMENT 'A'
(0.634 ACRES)
35
OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT
SCRWmP REVER_:~=- OSMOSIS EXPANSION
COLUER COUNTY, FLORIDA
NOTED:
BY: S.F.R.N. STAFF
BY:
G. RAYMAN
07/20/2000
,,_ .26
'" ~,35
35 "l"' 36
I
I
,.35 36
I
I
SDSK PROJECT: 0051800
CAD FILE: O051800. dwg
N.A. ~2
LEGAL DESCRIPTION - ADDITIONAL PURCHASE "A"
A PARCEL OF LAND 40.00 FEET WIDE BEING A PORTION OF SECTION 55, TOWNSHIP
49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
C-OMMENClNG AT THE QUARTER CORNER COMMON TO SECTIONS .34 AND 55, TOWNSHIP
49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE NOO'29'15"W
ALONG THE WEST LINE OF SAID SECTION 55 A DISTANCE OF 1582.43 FEET TO A
POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR
STATE ROAD 9.3 (I-75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE
PROPOSED 'ACCESS ROAD NO. 1, N 89'51'01"E A DISTANCE OF 100.00 FEET TO A
-POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSO
BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER
TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE
OF SAID CANAL S00'29'15"E A DISTANCE OF 50.00 FEET TO THE SOUTHWEST (NW)
CORNER OF SAID OF THE PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER
TREATMENT PLANT PARCEL; THENCE ALONG THE SOUTHERLY LINE OF SAID ACCESS
ROAD RIGHT-OF-WAY N89'31'Ol"E A DISTANCE OF 454.28 FEET TO THE
INTERSECTION OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY LINE OF THE
WATER TREATlvlENT PLANT PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY LINE
S00'47'14"W A DISTANCE OF 65.3.80 FEET TO THE SOUTHVVEST CORNER OF SAID
WATER TREATMENT PLANT PARCEL AND POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL.
THENCE LEAVING THE BOUNDARY OF SAID WATER TREATMENT PLANT PARCEL RUN
SOO"47'14"W A DISTANCE OF 40.02 FEET; THENCE N89'O4'40"E ALONG A LINE 40.00
FEET SOUTHERLY OF AND PARALLEL WITH THE SOUTH LINE OF SAID WATER
TREATMENT PLANT PARCEL A DISTANCE OF 690.82 FEET; THENCE NOO'47'14"E A
DISTANCE OF 40.02 FEET TO THE SOUTHEAST CORNER OF SAID WATER TREATMENT
PLANT PARCEL; THENCE S89'04'40"W ALONG THE SOUTHERLY BOUNDARY LINE OF
SAID WATER TREATMENT PLANT PARCEL A DISTANCE OF 690.82 FEET TO THE POINT
OF BEGINNING.
SAID HEREIN DESCRIBED PARCEL CONTAINING 0.6.34 ACRES MORE OR LESS.
SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT "A"
SCRWil.,' REVEKSE OSMOSIS EXPANSION
COLMER COUNTY' FLORIDA
NOTED:
DRAWN BY: S.F.R.N. STAFF
CHECKED BY:
G. RAYMAN
OAT~: 07/20/2000
SDSK PROJECT: 0051800
CAD FILE: O051800.dwg
BOOK N° SHEET:
..L.S. 00 1 00
PROJECT: Golden Gate Wellfield Expansion
Easements C, D-l, E-l, F & G
2828750 OR: 2861 PG: 1057
RBCORDBD in OP~ICIAL R]i¢0RD$ of COLLIER COUNTY,
07/18/2001 at 09:08AM DWIGHT g. BROCK, CLERK
RBC EBB 51.00
DOC-.70 ,70
COPIES 11,00
Retn:
REAL PROPBR?Y
EX? 8991
INTER
Prepared by:
Ellen T. Chadwell, Esqu(re
Office of the County Attorney
3301 East Tamiamt Trail
Naples, Florida 34112- UTILITY EASEMENT
(941) 774-8400 ~r~~
THIS EASEMENT, made and entered into this ~ day of ,
200~, by RICHARD K. BENNETT, not individually, but as Successor that
certain Land Trust Number 5360, dated the 8'h day of April, 1985, and known as Trust
Number 5360, whose mailing address is 865 Fifth Avenue South, Naples, Florida
34102, 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. Neither the Grantor nor grantor's
spouse or any other family member resides on the property described herein or
adjacent thereto and does not therefore constitute 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, raw water transmission and power distribution, potable water and sewer lines and
pipes, service 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 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.
V~es~ (Signature) -
//~~(Prin~,.~r Ty~ / ess (Signature)
Name: Ellie B. Roe0
(Print or Type)
~N"FEYANCE APPROVED BY 'I'HE
COUNTY COMMISSIONERS,
C,?U NTY. FL~ID~
.~RSUANT TO THE PROVISION8
OR: 2861 PG: 1058
STATE OF
COUNTY OF
The foregoing Utility Easement was acknowledged before me this "7' day of
tee 200(~ by Richard K. Bennett, not individually, but as Successor
f that certain Land Trust Number 5360, dated the 8th day of April, 1985, and
known as Trust Number 5360. H~ly known to me or who has produced
[type of identification] as identification.
~ (S 'g n at u re CL~)~a ~.P~Pt~d
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
II ',¢;:~.,,. ELLIE B. REED I
!1~'~ ~co..,ss,o..cc~o~,~ II
I1~;~ EXPIRES: May 26, 2003 II
m
m
~ P.O.B. P~NT OF BEQNNING
~~ R.O.W. RI~T-OF-WAY ~APHIC SCA~
0 100 150 200
~ ~ C~N~ ~DA SCALE: 1 "= 100'
~ 0 0
' 1'1" ~ ~ ' ~ ' "
~N89~ 2E I ~= , N89~527E 26 25
27 ' 2~ ' 20.00'~. ~ m2~.~' [~ i 2~.~'
--100,00' ~ ~0~ NO' 1 ~~ F m
~ -- 35 ~ 36
54 m55~
I I
'
SKETCH OF DESCRIP~ON (~IS tS NOT A SURLY) U~LI~ EASEMENT "C"
~F~= SCRW'i'P RE~R~ O~O~S EXPANSION SDSK PROJECT: 0051800
COl 11~ COUNt,, ~IDA , CAD FILE: O051800. d~g
ORA~ aY: S.F.R.N. STAFF~~~.:_ ~2~'A'
~E~ aY: O. RAYMAN ...... ~' '
D~ 07/20/2000 ~ <~"~'~" ~"~"~~" :l R~ ~5] --~
III
LEGAL DESCRIPTION - UTIUTY EA~"~ENT ,{;'
A PARCEL OF LAND 20.00 FEET WIDE BEING A PORTION OF SECTION 35, TOWNSHIP
49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 34 AND 35, TOWNSHIP
49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE NOO'29'15"W
ALONG THE WEST LINE OF SAID SECTION 35 A DISTANCE OF 1382.43 FEET TO A
POINT ON THE CENTERUNE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR
STATE ROAD 93 (I-75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE
PROPOSED ACCESS ROAD NO. 1, N 89'31'01"E A DISTANCE .OF 100.00 FEET TO A
POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSO
BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER
TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY UNE OF
SAID CANAL NOO'29'lS"W A DISTANCE OF 50.00 FEET TO THE NORTHWEST (NW)
CORNER' OF SAID PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER
TREATMENT. PLANT PARCEL; THENCE ALONG THE NORTHERLY UNE OF SAID ACCESS
ROAD RIGHT-OF-WAY N89'31'Ol"E A DISTANCE OF 456.51 FEET TO THE INTERSECTION
-OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY LINE OF THE WATER
TREATMENT PLANT PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY LINE
NOO'O4'14"E A DISTANCE OF 994.98 FEET TO A POINT ON THE WESTERLY LINE OF A
170 FOOT WIDE FLORIDA POWER AND LIGHT (FP&L) RIGHT-OF-WAY AS DESCRIBED IN
OFFICIAL RECORDS BOOK 681. PAGE 1210 COLLIER COUNTY RECORDS; THENCE ALONG
SAID WESTERLY FP&L RIGHT-OF-WAY LINE. N31'30'28"E A DISTANCE OF 70.02 FEET;
THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT-OF-WAY MNE S58'30'03"E
A DISTANCE OF 116.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
PARCEL.
THENCE LEAVING THE. BOUNDARY OF SAID WATER TREATMENT PLANT PARCEL RUN
NOO'47'14"E A DISTANCE OF 271.36 FEET TO A POINT ON THE NORTH UNE OF THE
NORTHWEST QUARTER (NW 1/4) OF SAID SECTION. 35; THENCE N89~I1'12"E ALONG
SAID NORTH LINE A DISTANCE OF 1920.65 TO THE NORTH QUARTER CORNER OF SAID
SECTION 35; THENCE N89~IS'27"E ALONG THE NORTH LINE' OF THE NORTHEAST
QUARTER (NE 1/zt) OF SAID SECTION 35 A DISTANCE OF 2641.68 FEET TO THE
NORTHEAST (NE) CORNER OF SAID SECTION 35;'.THENCE ALONG THE EAST LINE OF
SAID SECTION 35, S00'55'50"W A DISTANCE '20.01 FEET; THENCE S89~5'27"W ALONG
A LINE 20.00 FEET SOUTHERLY OF AND PARALLEL WITH THE NORTH LINE OF THE
NORTHEAST QUARTER (NE 1~/4). OF SAID SECTION ,35' 'A DISTANCE OF 2641.08 FEET;
THENCE S89~11'12"W ALONG A ~NE SOUTHERLY OF'LAND PARALLEL WITH THE NORTH
LINE OF THE NORTHWEST QLJARTER (NW 1/4)A DISTANCE OF 1901.19 FEET; THENCE'
S00'47'14"W A DISTANCE OF 265.79 FEET TO A. POINT ON THE NORTHERLY
BOUNDARY LINE OF SAID WATER TREATMENT PLANT PARCEL; THENCE N58'30'OJ"W A
DISTANCE OF 23.26 FEET _TO THE POINT OF BEGINNING.
SKETCH OF DESCRIPTION (THIS IS N6T A SURVEY) UTILJTY EASEMENT
SgRW'/P RE'V F SE OSMOSIS EXPANSION SDSK PROJECT: 00518(
COLUER COUNTY, FLORIDA CAD LE: O051800. dwg
NOTED:
D~A~ aY: S.F.R.N. STAFF
RANGE 26 ~. ~ ~ SECqON CORNER
: / ~ F i ~ QUAR~R SEC~ON CORNER
-- ~ ~ P.O.B. POINT OF BEGINNING
'_ ,.~ R.O.W. RIGHT-OF-WAY ~APHIC SCA~
;~L ~ __ / 0 100 150 200
m
~ ~ ~, ~A ~ SCALE: 1 "= 100'
~ ~ N8911'12'E
~ 40.00. ~
27 26 20.~' N89~1'12"E 1555.0
!
, ~ ~ ~ 4
~ I I
~ I 456.51 -~. O~
- 100.00' .~ EOAD ~0. 1
~r -.
a~ ~' ~ ~" 35 a~ 56
34 155
I t
~ I
SKETCH OF DESCRIP~ON (~IS IS N~T A SURLY) EASEMENT 'D 1'
FOR: SCRW~ EE~R~ O~O~S ~AN~ I SDSK PROJECT: 0051800~
CO~ COUNt, ~IDA CAD FILE: O051800. dwg
i' ,
DRA~ aY: S.F.E.N. STAFF i~ ~ N.A.
~E~ aY: G. RA~AN "
~A~ 07/20/2000 " .........
LEGAL DESCRIPTION - WF'll SITE' EA-_~1"3~___EHT 'D 1'
A PARCEL OF LAND BEING A PORTION OF SECTION 35, TOWNSHIP 4.9 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS ...34 AND ,~5, TOWNSHIP
4-9 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE NO0'29'lS"W
ALONG THE WEST UNE OF SAID SECTION 35 A DISTANCE OF 1382.¢5 FEET TO A
POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR
STATE: ROAD 93 (I-75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE
PROPOSED ACCESS ROAD NO. 1, N 89'51'01'E A DISTANCE OF 100.00 FEET TO A
POINT ON THE EASTERLY RIGHT-OF-WAY MNE OF A CANAL, SAID POINT ALSO
BEING ON THE CENTERLiNE OF THE PROPOSED ACCESS ROAD TO THE WATER
TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF
SAID CANAL NOO'29'lS"W A DISTANCE OF 50. O0'FEET TO THE NORTHWEST (NW)
CORNER OF SAID PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER
TREATMENT PLANT PARCEL; .THENCE ALONG THE NORTHERLY LINE OF SAID ACCESS
ROAD RIGHT-OF-WAY N89'31'O1"E A DISTANCE OF 456.51 FEET TO THE INTERSECTION
'OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY LINE OF THE WATER
TREATMENT PLANT PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY UNE
NOO'O4'14"E A DISTANCE OF ~94.98 FEET TO 'A-~POiNT ON THE WESTERLY LINE OF A
170 FOOT WIDE FLORIDA POWER AND LIGHT (FP&L) RIGHT-OF-WAY AS DESCRIBED IN
OFFICIAL RECORDS BOOK 681, PAGE 1210 COLLIER COUNTY RECORDS; THENCE ALONG
SAiD WESTERLY FP&L RIGHT-OF-WAY LINE, N31'50'28"E A DISTANCE OF 70.02 FEET;
THENCE CONTINUING ALONG SAID WESTERLY F-P~J_'RIGHT-OF-WAY LINE, S58'30'03"E
A DISTANCE OF 116.00 FEET ; THENCE LEAVING THE BOUNDARY OF SAiD WATER
TREATMENT PLANT PARCEL RUN NOO'4.7'14'E A DISTANCE OF 271.56 FEET TO A
POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER '(NWq/4) OF SAID SECTION
35; THENCE N89'11'12"E ALONG SAID NORTH LINE A DISTANCE OF 1515.00 FEET TO
THE POINT OF BEGINNING. THENCE CONTINUE ALONG THE NORTH UNE OF THE .'
NORTHWEST QUARTER (NWl/4.) SAID SECTION 35,. N89'11'12"E A DISTANCE 4.0.00
FEET; THENCE S00'48'48"E AT RIGHT ANGLES TO THE NORTH LINE OF THE
NORTHWEST QUARTER (NWl/4.) OF SAID SECTION 35 A DISTANCE OF 4.0.00 FEET;
THENCE S89'11'12"W PARALLEL WITH SAID NORTH LINE A DISTANCE OF 40.00 FEET;
THENCE NOO'48'48"W A DISTANCE OF ;tO. O0 FEET TO THE POINT OF BEGINNING.
SKETCH OF DESCRIPTION (:THIS IS NOT A SURVEY) EASEMENT "D 1"
· "rb . "SCRWI'P REVERSE OSMOSIS EXPANSION SDSK PROJECT: 00'51800'
COLLIER COUNTY. FLORIDA CAD FILE: O051800. dwg
DRA~N ay: S.F.R.N. STAFF~i~~ ~///'2N'A'
CHECXE:D BY: G. RAYMAN
Engineers. Sunmyms · m
OAT~ 07/20/2000 ,~ m~ .~ ~ ~. ~ .=.m ~ ~LOmO^ ~L~- (X)~
ANGE 26 EAST. ,,¢'~ / ~ SECTION CORNER
R.O.N. RIGHT-OF-WAY o 2o0
L~ COUNTY. FLORIDA
26
LOC.~Tll:~ MAP N8g'15'27"E
40.00'
N89'11'12'E ~ °°'
N89'15 27 E
20.{ 1920.65' 26 1149.55' ~ ~,c,, ~ 26
,., '~
~o L I o' -~ --,. I
.,..,. I z
z
~89'31 '01 "E o
456.51'
100.00'
CE ACCESS
ROAD NO. 1
Zr~
I
I
I I
SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT
SCRWII-' RE~F_.~__-g]-- OSMOSIS EXPANSIOlU,,
COIJJER COUNI'Y, FLORIDA
,.,25
;'..36
I
"E 1"
SDSK PROJECT:
CAD FILE: OO51800. dwg
LEGAL DEscRIPTION - WFll SITE EASEMENT '[ 1'
A PARCEL OF LAND BEING A PORTION OF SECTION 55, TOWNSHIP 49 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS .34 AND .3.5, TOWNSHIP
49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE NOO'29'15"W
ALONG THE WEST LINE OF SAID SECTION 55 A DISTANCE OF 1582.4.3 FEET TO A
POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR
STATE ROAD 9.3 (I-75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE
PROPOSED ACCESS ROAD NO, 1, N 89'51'01"E A DISTANCE OF 100.00 FEET TO A
POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSO
BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER
TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY UNE OF
SAID CANAL NOO'29'15"W A DISTANCE OF 50.00 FEET TO THE NORTHWEST (NW)
CORNER OF SAID PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER
TREATMENT PLANT PARCEL; THENCE ALONG THE NORTHERLY LINE OF SAID ACCESS
ROAD RIGHT-OF-WAY N89'51'Ol"E A DISTANCE OF 456.51 FEET TO THE INTERSECTION
'OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY LINE OF THE WATER
TREATMENT PLANT PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY LINE
NOO~34'14"E A DISTANCE OF 994.98 FEET TO A POINT ON THE WESTERLY LINE OF'A
170 FOOT WIDE FLORIDA POWER AND LIGHT (FP&L) RIGHT-OF-WAY AS DESCRIBED IN
OFFICIAL RECORDS BOOK 681, PAGE 1210 COLLIER COUNTY RECORDS; THENCE ALONG
SAID WESTERLY FP&L RIGHT-OF-WAY LINE, N31'50'28"E A DISTANCE OF 70.02 FEET;
THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT-OF-WAY'LINE S58'30'03"E
A DISTANCE OF 116.00 FEET ; THENCE LEAVING THE BOUNDARY OF SAID WATER
TREATMENT PLANT PARCEL RUN NOO'47'1¢"E A DISTANCE OF 271.36 FEET TO A
POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER (NWl f4) OF SAID SECTION
55; THENCE N89~II'12"E ALONG SAID NORTH LINE A DISTANCE OF 1920.85 FEET TO
THE NORTH QUARTER CORNER OF SAID SECTION 55; THENCE N89'IS'27"E ALONG THE
NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 55 A DISTANCE 1109..35
FEET TO THE POINT OF BEGINNING. THENCE CONTINUE ALONG THE NORTH LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 55, N89'IS'27"E A DISTANCE 40.00
FEET; THENCE S00'44'35"E AT RIGHT ANGLES TO SAID NORTH LINE, A DISTANCE OF
40.00 FEET; THENCE S89'1§'27"W PARALLEL WITH THE NORTH LINE OF THE
NORTHEAST QUARTER OF SAID SECTION .35 A DISTANCE OF 40.00 FEET; THENCE
NOO'44'55"W A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING.
SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT
SCRW IP RE- I RSE OSMOSIS EXPANSION I IER COUNTY, FLORIDA -
"E 1"
SDSK PROJECT:
CAD FILE: O051800. dwg
T0~mP 49 S00m, .,~ LEGEND
~ ~ P.O.B. POINT OF BEGINNING NOT TO SCA~
~ R.O.W. RIGHT-OF-WAY
27 26 26 ~25
34 35
~ o ~9'15'E U~U~ EASEMENT =F'
' i
~~9, p.o.s. II
) ~ .... '50'52"E J
( 3~ 01 ~ ~.~ /~- 27.~.
ff S89'31'01'W 365.82'
~ WA~R ~EA~T PAR~L
'" ' ~ 35 ~'36
I
SKETCH OF DESCRIP~ON (~IS IS NOT A SURLY) U~LI~ EASEMENT "F"
[.o.: SCRWiP R~RsF O~O~S E~AN~ SDSK PROJECT: 0051800~
CO~ER C~N~,, ~ffilDA cao [~LS: 005~OOa. 0w~
~: NOTED: ~ rn~ so~ ~ mET:
DRA~ aY: S.F.R.N. STAFF , N.A.
, 07/20/2000 '=~~~~
LEGAL DESCRIPTION - UTIUTY EASEMENT "F"
A parcel of Ibnd 20.00 feet wide being a portion of Section 35, Township 49 South, Range 26
East, Collier County, Florida. Being m~e particularly described as follows:
Commencing at the Quarter Corner common to Sections 54 and $5, Township 49 South, Range
26 East, Collier County, Florida, run thence NOO'29'lS"W along the West line of said Section J5 a
distance of 1582.4.] feet to o point on the centedine of the proposed Access Road No. 1 as
shown on the State of Florida Department of Transportation Right-of-Way map for State Road
9.:3 (I-75) sheet 8 of 10; thence along the centedine of the proposed Access Road No. 1, N
;. 89'51'01'E a distance of 100.00__.feet -to a point on the Easterly Right-of-Way line of a canal,
said point also being on'the cen'terline of the proposed access road to the Water Treatment
Plant Parcel; thence along said Easterly Right-of-Way line of said canal S00'29'15"E a
distance of 50.00 feet to the Southwest (NW) comer of said of the proposed access road
Right-.of-Way to the Water Treatment Plant Parcel and POINT OF BEGINNING.. Thence along the
Southerly line of said access ro~d Rift-of-way N89'31'Ol"E a distance of 344.26 feet; thence
S44'50'52'E a distance of 27.98 feet; thence S89'31'01"W along a line 20.00 feet Southerly of
and parallel with the Sou.therly line of said access rood a distance of 363.82 feet; thence
NOO'29'lS*W along the Eastedy Right-of-Way line of a canal to a distance of 20.00 feet to the
POINT OF BEQNNING.
SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) UTILITY EASEMENT "F"
SCRW iIM REVE:R_~F OSMOSIS EXPANSION SDSK PROJECT: 0051800
COl ! IER COUNTY, FLORIDA CAD F1LE: O051SOOA. dwg
T011NSHIP 49 SOU11-I,
: ~ QUARTER SECTION CORNER
P.O.B. POINT OF BEGINNING
o, GRAPHIC SCALE
I R.0. W. RIGHT-OF-WAY
28
27 26
34 35
A par¢ei of ~ 20.0(} feet aide being a l~rtian of Section ~5, Township 49 South, Range
26 F. esf. ~ Co~nt~, Florid& BeincJ"mere particulody descrfl3ed as follows:
~ Col~encing (it the Quill'tel' C~ner c~man to Sections 34 and 55, Township 49 South, j
Rancje 26 East, C~llie~ County, Florida, mn thence N89'00'01'E along the South line of the
hlodh~a~it Qu~rt~ (NtllI/4) of said Section 55 o distance of 305.79 fe~t f.o e point on the J J
Nc:lrtherly line of e landfill ~ road ond POINT 0~' BEGtNNIN~ Run thence olan~j said
nerthe~t~ line N45'4T54'~f o distance of 91.23 feet; 'thence N46'12'06~ a distance of
20.00 feet; thence S45'47'54'[ alancj the cantedine of seid landfill access reed e distance
109.75 feet; thence S89'QIYOI~I/ alon(j the S~uth line of the Nerth~est qu(~rte~ of said
Section 55 (~ distance of 27.26 ~eet POINT ~ 81FI~iNNIN(; I
UTIUTY EASEMENT
N46'12'g6"E j ,
~ N89'O0'01E 303.79' '
36
I P.O.B.' I I
! I
SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT
~ro.: 'SCRWTP REVERSE OSMOSi~ EXPAN~ON SDSK PROJECT: 0051800
, COLLIER COUNTY, FLORIDA CAD FILE: 005180OB.dwg~
NOIED: N.A.
DRAWN BY: S.F.R.N. STAFF -
O^ar: 07/20/2000
PROJECT: Golden Gate Wellfield Expansion
Easements B & H
2828751 OR: 2861 PG: 1068
R~CORDED in OPPICIAL RECORDS of COLLIER COUNTY, ~L
07/18/2001 at 09:08AM DWIGHT E, BROCK, CLERK
EEC FEE 28.50
DOC-.70 ,70
COPIES 6.00
Retn:
REAL PROPERTY
HT 8991
INTER O~ICE
Ih.e~a~d b ~
Ells. T, C~adwell, Es4u~.e
O~tce o~ ~he Count~ Attorney
3~1 E~s~ T~t~mt Trail
ga~les, Florida 3411~ EASEMENT
(94~) 77~
T~IS EASEMENT, made and entered into this ~'~ day of ~ ,
20~, by RICHARD K. BENNETT, not individually, but as Succe~r Trustee of that
cedain Land Trust Number 5360, dated the 8~h day of April, 1985, and known as Trust
Number 5360, whose mailing address is 865 Fifth Avenue South, Naples, Florida
34102, as Grantor to COLLIER COUNTY, a political subdivision of the State of Florida,
whose mailing address is 3301 Tamiami Trail East, 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 and
assigns.)
WlTNESSETH:
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, a
perpetual, non-exclusive easement, license, and privilege for public road right-of-way,
drainage, utility and maintenance 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. Neither the Grantor nor grantor's spouse
or any other family member resides on the property described herein or adjacent
thereto and does not therefore constitute homestead property.
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter
upon said land, place, excavate, and take materials for the purpose of constructing,
operating and maintaining public road right-of-way, drainage, utility facilities thereon.
Grantor and Grantee are used for singular or plural, as the context requires. 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.
DAT.,E.D: ~,~ ~
~-~i~n ~ss (Signature)
Name: ~i(~ .~ r~
~itness (S~ nat. u ;e)
Name: Elhe B. Reed
(Print or Type)
RICHARD K. BENNETT/,,~Trustee
THIS CONVEYANCE APPROVED BY THE
BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
OF RESOLUTION NO. ~m
~/, ~ z~ ¢,~
OR: 2861 PG: 1069
STATE OF
COUNTY OF
The
foregoing Easement was acknowledged before me this 7' day of
uste~e , 200~ by Richard K. Bennett, not individually, but as Successor
Tr f that certain Land Trust Number 5360, dated the 8t' day of April, 1985, and
known as Trust Number 5360. He is personally known to me or who has produced
[type of identification] as identification.
WITNESS my hand and official seal this ~'~/ day of ~'~-/ , 2001~.
!
(affix notarial seal) ,,~'~./.,~,¢ ('""~ ~q-'~
,.~/" (Srg n at u-re o'-f ~rYE~.U ~)ed
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
!1..=~,.7 ~ .:' '~.% MY COMMISSION # CC 840812 /!
[[~,~,,~,,' B~mded 7~ru Nota~ Public Undenwftem
~pp~~.,~ to forl~l~.~l suffJctenc~
Assistant Count~ Attorne,.
E31en T, Chadwe11
r
RANGE 26 EAST. ~ ~ SECTION CORNER
- r I QUARTER SEC.ON CORNER
P.O.B. POINT OF BEGtNN)NG NOT TO SCALE
I i R.O.W. RIGHT-OF-WAY
2~ ~25
27 26
~35
I
~ ~ S00'29'15'E
~ o° 5o. oo'
' '454.28' , I I
,,,..,TUNE ~= TREATMENT
I OF' WATER %- ~ PARCEL
~ TREA~ENT --- ~o
~ I PARCEL ~
-- · ' - S89'04'40'W ~.. o
~ ~ '////////////.K// z o
~ '- N89'04'40'E
~ ~ o 690.82'
z
o i 60' WIDE EASEMENT 'B' I
(0.951 ACRES)
54~, ..35 I ........
,, 35 ~ 36
I
I I I
: I
SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT
-Fo,: SCRW'I'I-' REVERSE OSMOSIS EXPANSION SDSK PROJECT: 0051800'
. COLUER COUNTY, FLORIDA CAD FILE: O051800. dwg
,
oR^w~ aY: S.F.R.N. STAFF N.A.
C~£C~D BY: G. RAYMAN ~'~~
LEGAL DESCRIPTION - ACCESS EASEMENT "B"
A PARCEL OF LAND 60.00 FEET WIDE BEING A PORTION OF SECTION .35, TOWNSHIP
49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS ,34 AND 3.5, TOWNSHIP
4.9 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE NOO'29'15"W
ALONG THE WEST LINE OF SAID SECTION .35 A DISTANCE OF 1582.43 FEET TO A
POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR
STATE ROAD 9.3 (I-75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF 'THE
PROPOSED 'ACCESS ROAD NO. 1, N 89'`31'01"E A DISTANCE OF 100.00 FEET TO A
.POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSO
BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER
TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE
OF SAID CANAL, S00'29'15"E A DISTANCE OF 50.00 FEET TO THE SOUTHWEST (NW)
CORNER OF SAID OF THE PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER
TREATMENT PLANT PARCEL; THENCE ALONG THE SOUTHERLY LINE OF SAID ACCESS
ROAD RIGHT-OF-WAY N89'51'O1"E A D~STANCE OF 4-54.28 FEET TO THE
INTERSECTION OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY LINE OF THE
WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY UNE
S00'4.7'14"W A DISTANCE OF 695.82 FEET TO THE POINT OF'BEGINNING OF THE
HEREIN DESCRIBED PARCEL.
THENCE RUN S00'4.7'14"W A DISTANCE OF 60.02 FEET; THENCE N89'O4'4.0"E ALONG A
LINE 100.00 FEET SOUTHERLY OF AND PARALLEL WITH THE SOUTH LINE OF SAID
WATER TREATMENT PLANT PARCEL A DISTANCE OF 690.82 FEET; THENCE NOO'47'14."E
A DISTANCE OF 60.02 FEET ; THENCE S89'04'4.0"W ALONG A DISTANCE OF 690.82
FEET TO THE POINT OF BEGINNING.
SAID HEREIN DESCRIBED PARCEL CONTAINING 0.9,51 ACRES MORE OR LESS.
SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT "B"
r SCRWTP REVERSE OSMOSIS EXPANSION SDSK PROJECT: 00518001
L
COLLIER COUNTY, FLORIDA CAD FILE: O051800. dwg
I
ORA~ BY: S.F.R.N. STAFF N.A.
C~EC~EO BY: G. RAYMAN age ~
SECTION 35, ,,.~ I I='(~END,~, QUARTER ~C~ON C~NER
~ ~ P.O.B. P~NT OF BEQNN~NG NOT TO SC~
{) , R.O.~. R)GHT-OF-~AY
2~ ~25
----27 26
55 ~ m56
~4 55
~ST UNE OF WA~ ~EA~T PARCEL
3~ 35
I 80.04
SKETCH OF DESCRIP~ON (~IS IS NOT A SURLY) ACCESS ~ U~LI~ EASEMENT "H"
[o.: S~WiP RE~~ O~OSIS EXPANSION SDSK PROJECT: 0051800
C~ 11~ C~N~, ~IDA CAD FI~: O051aOOA,dwg
~A~ BY: S.F.R.N. STAFF~~~ ~ .N.A.
~E~ BY: G. RAYMAN /~~
LEGAL DESCRIPTION -ACCESS AND UTILITY EASE]WENT 'H'
A parcel of land being a portion of Section 35, Township 49 South, Range 26 East, Collier
County, Florida. Being more particularly described as follows:
Commencing at the Quarter Corner common to Sections 54 and 35, ToWnship 49 South, Rm3ge
26 East, Collier County, Florida, run thence N00'29'15'W along the West line of said Section 55 a
distance of 1382,43 feet to a point on the centerline of the proposed Access Ro~d No. 1 as
shown on the State of Florida Deportment of Transportation Right-of-Way map for State Road
g3 (I-75) sheet 8 of 10; thence along the centerline of the proposed Access Road No. 1, N
.-. 89'31'01'E a distance of 100.00 feet to a point on the E~sterly. Right-of-Way line of a _canal,
said point also being on the centerline of the proposed access road to the W~ter' Tre~tr~ent
Plant Parcel; thence along said Easterly Right-of-Way line of s~id canal S00'29'15'E a
distance of 50.00 feet to the Southwest (NW) comer of said of the proposed access road
Right-of-Way to the Water Treatment Plant Parcel; thence along the Southerly line of said
access road Right-of-way N89'31'01"E a distance of 544-.26 feet to the POINT OF BEGINNING of
the herein .described parcel.
Continue thence N89'31'01"E a distance of 110.0.:1 feet to a point on the Westerly line of the
Water Treatment Plant Parcel thence S00'47'14"W along said Westerly line 1528.0,3 feet; thence
S89'00'01'W along the South line of the Northwest Quarter (NW 1/4) of said Section 35. a
distance of 80.04 feet; thence N00'¢7'14'E along a line 80.00 feet Westerly of and parallel with
the West line of said Water Trm3tment Plant Parcel a distance of 1298.74 feet; thence
N44'50'§2'W a distance of 41.96 feet to the POINT OF BEGINNING.
Said herein described parcel containing 2.449 acres more or less.
SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) ACCESS & UTILITY EASEMENT "H"
-FOR: SCRWlP REVI SE OSMOSIS EXPANSION SDSK PROJECT: 00518001
, COLUER COUNTY, FLORIDA CAD FILE: O051800A. dwg
J
OR.~i~ sY: S.F.R.N. STAFF N.A.
CHECI(ED BY:
O. RAYMAN Ellgl~ · ~ · Mal3pe~ .JOe
~t~: 2828746 OR: 2861 PG: 1041
REAL PROPERTY RECORDED in the OFPICIAL R~CORDS of COLLIER COUNTY, FL COPIES
NXT 8991 07/18/2001 at 09:0SAM DWIGHT N, BROCK, CLERK
19.50
~,.00
MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT
THIS MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT dated this
//"~ day of ~ , 200g, by and between COLLIER COUNTY, a
political subdivisionC'of the State of Florida, its successors and assigns (hereinafter
referred to as the "County") and FLORIDA POWER & LIGHT COMPANY, a Florida
corporation (hereinafter referred to as "Company");
WHEREAS, on the /)-~ day of ~ , 200¢, Company and
County entered into a written Right-of-Way Consen' ~tA,greement, hereinafter refereed to
as the "Agreement" related to certain property situated in the County of Collier, State of
Florida as more particularly set forth in said Agreement and described in Exhibit "A"
attached hereto and made a part hereof and hereinafter referred to as the "Lands", and
WHEREAS, the parties are desirous of placing their interest therein as a matter of
public record.
NOW THEREFORE, in consideration of mutual covenants herein contained and
the parties intending to be legally bound thereby, the parties hereto agree as follows:
The property described in Exhibit "A" is subject to a right-of-way in favor of Company
recorded in Official Records Book 681, Page 1210, et seq., of the Public Records of
Collier County, Florida.
The Agreement provides, among other things, County's right to construct certain
improvements upon the Lands including, but not limited to, a raw water main
transmission system within a twenty (20) foot easement as designated on Exhibit "A"
attached hereto.
The Agreement is assignable to purchasers of all or a portion of the Lands provided
that the purchasers assume the obligations under the Agreement and specifically
acknowledge and agree that the use of the property and improvements to be placed
on the property are strictly limited to those depicted on a certain plan of
improvement and are otherwise subject to the terms of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Memorandum of
Agreement on this hereinabove written.
DATED.: '~
ATTEST:
DWIGHT E. BROCK, Clerk
Mlz~,-, M,,to~' Chairman' s
signature only.
cy
Assistant County Attorney
Ellen T. Chadwell
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
JAMES ~-~ART E~"'P I~. [~. ,~C h a i rma n
Memorandum of Right-of-Way Consent Agreement
OR: 2861 PG: 1042
Page 2
Printed~pe~ N'a~e//
Printed/Typed Name
FLORIDA POWER & LIGHT COMPANY
Its: West Area Real Est~e Manager
Print Name: C.W. Mathys
Approved as to form and
legal sufficiency:
Ellen T. Chadwell
Assistant County Attorney
STATE OF FLORIDA
COUNTY OF SARASOTA
The foregoing instrument was acknowledged before me this ,}.,-c/~ day of
'-'~3~~ , 2000 by C.W. Mathys, as West Area Real Estate Manager, of
FLORIDA POWER & LIGHT COMPANY, a Florida corporation, on behalf of the
corporation. He is personally known to me or who has produced
[type of identific~n] as identification.
WITNESS my hand and official seal this ~ day of 'd~, ,2000.
(affix notarial seal)
(Signature of NOla~ Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
} 't',.*tr,~'~x9%~ EXP~F, ES: 06/24~002
N:~r'"JO'2~"E
70.0~'
NBSi"~I'OI"E
NO I.D.
!
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458.51' SIR
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FCU
NO I.D.
.1Y EAST
cot,
COUNTY
WATER
TREATMENT
PLANT
$ 89'T~l*'4G" W 6g0.82'
6. ~ N.1,/~ ~,1,"2, 'kt.W.I/4
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170.08'
08/24/2000 T]~ ~4:25 ~AX 9417745~78 AEAZ~ I~ROPEA"~ ~002
--1
RIGHT-OF-WAY CONSENT AGREEMENT
THIS AGREEMENT is entered into by and between FLORIDA POWER & LIGHT
COMPANY, a Florida corporation, whose mailing address is P. O. Box 14000, Juno Beach,
Florida 33408-0420, Attn: Corporate Real Estate Department, hereinafter referred to as
"Company," and Collier County, a political subdivision of the State of Florida, whose mailing
address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, the Company has an easement interest in certain lands located within Collier
County, by virtue of a certain agreement recorded in O.R. Book 681, Page 1210, et seq., in the
Public Records of Collier County, Florida; and
WHEREAS, the right-of-way granted the Company in the above-described agreement
contains a one hundred and seventy (170) foot wide easement abutting the Collier County Water
Treatment Plant, hereinafter referred to as the "Lands"; and
WHEREAS, the County has requested the Company's permission to install and maintain a
raw water transmission system as shown on the plans and specifications attached hereto as Exhibit
"A"; and
WHEREAS, the installation of the above-described raw water transmission system requires
that the County transverse the one hundred and seventy (170) foot easement owned by the
Company.
NOW, THEREFORE, in consideration for the mntual covenants contained herein
and such other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties agree as follows:
1. The County agrees to obtain all necessary rights from the owners of the Lands in
the event the County does not own said Lands; to obtain any and all applicable federal, state and
local permits required in connection with the County's use of the Lands; and at all times, to
comply with all requirements of all federal, state and local laws, ordinances, rules and regulations
applicable or pertaining to the use of the Lands by the County pursuant to this Agreement.
2. The County understands and agrees that the use of the Lands pursuant to this
Agreement is subordinate to the rights and interest of the Company in and to the Lands, and agrees
to notify its employees, agents and contractors accordingly. Company specifically reserves the
right to maintain its facilities located on the Lands; to make improvements; add additional
facilities; maintain, construct or alter roads; maintain any facilities, devices, or improvements on
the Lands which aid in or are necessary to Company's business or operations; and the right to enter
upon the Lands at all times for such purposes. The County understands that in the exercise of
such rights and interest, Company from time to time may require the County to relocate, alter or
remove its facilities and equipment, and other improvements made by the County pursuant to this
Agreement which interfere with or prevent the Company from properly and safely constructing,
improving and maintaining its facilities. The County agrees to relocate, alter or remove said
facilities, equipment, and other improvements within ninety (90) days of receiving notice from the
Company to do so. Such relocation, alteration or removal will be made at the sole cost and
expense of the County and at no cost and expense to the Company; provided, however, should the
County, for any reason, fail to make such relocation, alteration or removal, the Company retains
Page 1 oF 4
the right to enter upon the Lands and make said relocation, alteration, or removal of the County's
facilities, equipment and other improvements and the County hereby agrees to reimburse the
Company for all of its costs and expenses incurred in connection therewith upon demand.
3. The County agrees that it will not use the Lands in any manner which, in the
opinion of the Company, may tend to interfere with the Company's use of the Lands or may tend
to cause a hazardous condition to exist. The County agrees that no hazardous substance, such as
the term is defined in Section 101 (14) of the Comprehensive Environmental Response
Compensation and Liability Act ("CERCLA") (42 USC Section 9601 [14]), petroleum products,
liquids or flammables shall be placed on, under, transported across, or stored on the Lands which
restricts, impairs, interferes with or hinders the use of the Lands by the Company or the exercise
by the Company of any of its rights thereto. The County agrees further that in the event it should
create a hazardous condition, then upon notification by the Company, the County shall, within
seventy-two (72) hours, at its sole cost and expense, correct such condition or situation, provided
however that the Company retains the right to enter upon the Lands and correct any such condition
or situation at any time and, by its execution hereof, the County hereby agrees to indemnify and
hold harmless the Company from all loss, damage or injury resulting from the County's failure to
comply with the provisions of this Agreement in this regard.
4. The County hereby agrees and covenants to prohibit its agents, employees and
contractors from using any tools, equipment or machinery on the Lands capable of extending
greater than fourteen (14) feet above existing grade and further agrees that no dynamite or other
explosives shall be used within the Lands and that no alteration of the existing terrain, including
the use of the Lands by the County as provided herein, shall be made which will result in
preventing the Company access to its facilities located within said Lands. The County agrees to
install, construct and maintain its raw water main transmission system within a twenty (20) foot
easement as designated on Exhibit "A" attached hereto.
5. Trees, shrubs and other foliage planted or to be planted upon the Lands by the
County are not to exceed a height of fourteen (14) feet above existing grade.
6. Outdoor lighting installed or to be installed upon the Lands by the County is not to
exceed a height of fourteen (14) feet above existing grade and all poles or standards supporting
light fixtures are to be of a non-metallic material.
7. Sprinkler systems installed or to be installed by the County upon the Lands are to
be constructed of a non-metallic material and sprinkler heads are to be set so that the spray height
does not exceed fourteen (14) feet above existing grade and does not make contact with any of the
Company's facilities. Above ground systems shall not be installed within or across the Company's
patrol or finger roads and underground systems crossing said patrol and finger roads are to be
buried at a minimum depth of one (1) foot below existing road grade.
8. The County agrees to warn its employees, agents, contractors and invitees of the
fact that the electrical facilities and appurtenances installed or to be installed by the Company
within the Lands are of high voltage electricity and agrees to use all safety and precautionary
measures when working under or near the Company's facilities.
9. The County agrees, at all times, to maintain and keep the Lands clean and free of
debris. Except as provided herein, the County further understands and agrees that certain uses of
the Lands are specifically prohibited; such uses include but are not limited to recreational
purposes, hunting and camping, and the County agrees to notify its employees, agents, contractors
and invitees accordingly.
10. The use of the Lands by the County shall be at the sole risk and expense of the
County, and the Company is specifically relieved of any responsibility for damage or loss to the
County or other persons resulting from the Company's use of the Lands for its purposes.
11. Notwithstanding any provision contained herein, the County agrees to reimburse
the Company for all cost and expense for any damage to Company's facilities resulting from the
County's use of the Lands and agrees that if, in the opinion of the Company, it becomes necessary
as a result of the County's use of the Lands for the Company to relocate, rearrange or change any
Page 2 OF 4
of its facilities, to promptly reimburse the Company for all cost and expense involved with such
relocation, rearrangement or change.
12. Each party hereto agrees that it shall be responsible for its own negligent acts or
omissions. Nothing contained in this Agreement shall be construed to be a waiver of any
protections under sovereign immunity, Section 768.28, Florida Statutes, or any other similar
provision of law. Nothing contained herein shall be construed to be a consent by either party to be
sued by third parties in any matter arising out of this Agreement.
13. Collier County Government is self-insured for all liability claims and related
expenses pursuant to the provisions of Section 768.28, Florida Statutes.
14. This Agreement will become effective upon execution by the Company and the
Chairman of the Board of County Commissioners of Collier County, and will remain in full force
and effect until completion of the County's use of the Lands pursuant to this Agreement, or unless
terminated by the County, or unless terminated upon ninety (90) days written notice by Company
to County, at the option of the Company, immediately upon the County failing to comply with or
to abide by any or all of the provisions contained herein.
15. The use granted herein as shown on Exhibit "A" shall be under construction by the
County within one (1) year of the effective date of this Agreement and the construction shall be
diligently pursued to its completion. The County shall give the Company ten (10) days prior
written notice of its commencement of construction. "Under construction: is the continuous
physical activity of placing the foundation or continuation of construction above the foundation of
any structure or improvement permitted hereunder. Under construction does not include
application for or obtaining a building permit, a site plan approval or zoning approval from the
appropriate local government agency having jurisdiction over the activity, purchasing construction
materials, placing such construction materials on the site, clearing or grading the site (if permitted)
in anticipation of construction, site surveying, landscaping work or reactivating construction after
substantially all construction activity has remained stopped for a period of two (2) months or more.
The County acknowledges that failure to have the use under construction within the one (1) year
time period will result in the immediate termination of this Agreement in accordance with
Paragraph 14 herein for failing to comply with the provisions contained herein unless the
Company grants a written extension for a mutually agreed upon time. Any request for an
extension of time shall be submitted in writing by the County no later than thirty (30) days prior to
the expiration of the one (1) year period for the project to be under construction.
16. After completion of the construction of the raw water main transmission system as
contemplated herein, the County shall identify and locate, with a permanent marker or device, any
structure which has been installed underground pursuant to this Agreement by marking the outer
limits of such structure at points where the structure traverses the northern and southern boundaries
of the existing 170-foot wide easement (owned by Company). The structure shall be marked so
that its approximate physical location can be identified upon visual inspection above-ground.
17. The term "County" shall be construed as embracing such number and gender as the
character of the party or parties require and the obligations contained herein shall be absolute and
primary and shall be complete and binding as to each, including its successors and assigns, upon
this Agreement being executed by the County and subject to no conditions precedent or otherwise.
18. Should any provision of this Agreement be determined by a court of competent
jurisdiction to be illegal or in conflict with any applicable law, the validity of the remaining
provisions shall not be impaired. In the event of any litigation arising out of enforcement of this
Consent Agreement, the prevailing party in such litigation shall be entitled to recovery of all costs,
including reasonable attorneys' fees.
19. The County may assign its rights and obligations under this Agreement to a solvent
party upon prior written consent of the Company, which consent shall not be unreasonably
withheld.
Page 3 OF 4
The parties have executed this Agreement this//;Z~t_xlay of C~ ,2005.
DATED:, .~'~'/)' )..,o~1
ATTEST~:~-. .,
DwiGHT' E': BROCK, Clerk
By-
Deputy Clerk.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
FLORIDA POWER & LIGHT COMPANY
Printed/Typed Name
(2) ,f~--~/~.~.--
Signature
By:
Signature
C. W.Mathys.
Printed/Typed Name
Printed/Typed Name
West Area Real Estate Manager
Printed/Typed Title
Approved as to form and
legal sufficiency:
Assistant County Attorney
(corporate seal)
h: ETC~.greements\RightofWay Consent-FPL
Page 4 OF 4
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N89'31'O1"E 456.51'
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NO I.D.
.13' EAST
IY
COLLIER
WATER
TREATMENT
PLANT
S 89~04'40" W 6g0.82'
S. LIHE N.1/Z $.1/2 'N.W.1/4
SEC, ~ ~:-2B
FCM
NO I.D.
STATE OF' FLORIOA
eoao ~ 93 {,-?S]
o~_qHEAO
POWER UN;
~:-..
813.Sl,3'
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170.08'
0'$/2~/2000 TItTI 14:25 FAX 9417748876 ~ PROPERTY ~002
Memorandum
TO:
FROM:
DATE:
Re:
Minutes & Records Management
Cindy Erb, Sr. Property Acquisition Specialist
Property Acquisition & Construction Management
February 14, 2003
SCRWTP Expansion Project - White Lake Boulevard Property Exchange
and Design/Construction Agreement
Please find attached one (1) ori~inal recorded Warranty Deed (Parcel K) for the above-
referenced project.
The Board of County Commissioners of Collier County, Florida approved the
conveyance pursuant to Agenda Item 16 C (6), June 12, 2001.
Please contact me if you have any questions or comments at 8917.
Thank you.
attachments as stated
cc: Property Appraiser's Office w/attachment
Inventory File w/attachment
Office of the Property Acquisition & Construction Management
PROJECT: SCRWTP Expansion
Parcel K
RETURN TO:
THOMAS E, ~4ALONEY ESQ.
(~J~RLE$ & 6P~Y
SUITE 3O0
4i01 TMqlAHI TI[AIL N.
ItN~ES, FLORIDA 34103
~Re-record to provide
2827485 OR: 2860 PG: 0386
~CORDBD in OFFICIAL RBCORDS oECOLLISR COUNTY, FL
o?/16/2ool at 12:28PHDU~G~ B. BROCK,
CO~S 50000.00
~c ~! 19,50
DOC-.70 350.0~
Rein:
~UARLBS & BRADY
'MAPLSS~L 31103 3060 '
acceptance.
for Board of County Commissioners'
WARRANTY DEED
THIS WARRANTY DEED made this ~0't'k day of '"~/,y ,2001,
55Y CITYGATE COMMERICAL, INC., a Florida corporation, whose mailing address is
692 Strand Court, Suite 1, Naples, Florida 34110 (hereinafter singularly 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 their respective heirs, legal representatives, successors and
assigns.)
WlTNESSETH: 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.
First Witness (Sjg. ~ature~
C.. ~--~ ~oOx
(Print Name)
"~'~econd)~tness (Si~/~atur~''-
,4.
(Print Name)
CITYGATE COMMERICAL, INC.,
= ,-,r',~ .,.,r~,,.ratlon
a , !~. I...a '-". ~,n '
THIS eOw~¥BY:MiCi ACCEP?I[e BY THE
ROAI~D OF 0(OR~rY COMHZ$$IONER$,
,A,'T~.'C. ~/,z] Ol ]'TEI, I NO.
OR: 2860 PG: ,0.387//
~OR: 2931 PG: 2044
STATE OF f-'~-~ ~ ,~/~
COUNTY OF (~/./~'~
The foregoing Warranty Deed was acknowledged before me this /O -r~,,,' day
of .Jo~.y , 2001, by Robert Paul Hardy, President on behalf of
CITYGATE COMMERICAL, INC., a Florida corporation, who is p~wn to me
or who has produced as identification~.
(Affix notarial seal)
'~natu~f N6tary)
(Print Name of Notary)
Commission #
My Commission Expires:
....,;..;,,,_ ~ ..,~.',%Trudy A. Sm{th
:*: ~4~. :*: MY COMMISSION # CC765291 EXPIRES
~:,,'....~.. :,,.':':' August 10, 2002
~,;~,,* ~ .~.. ',,o~,$." BONDED THI~J TROY FAIN INSURANCE, INC.
Ass t stant Couat~
Ellen T. Chadwe11
27 26
35
LECk-ND
OR: 2860 PG: 0388
,/~R: 2931 PG: 20z15v/ ~
Ill-,mS SEC~ON CORNER
I QUARTER SECTION CORNER ~
P.O.B. POINT OF BEGINNING
R.O.W. RIGHT-OF-WAY
· BREAK POINT NOT TO SCALE
"55
WATER mEATWENT PARCEL
54-
SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY)
FOR:
SCRWTP' R~SE OSMOSIS. EXPANSION
CO~ IER COUNTY, FLORIDA
CAD FILE: O051800B. dwgJ
NOTED:
G. RAYMAN
07/20/2000
~-~+~, ~-~ ' A ~ ~,~_~: 2860 PO: 0389
v/*** OR: 2931 PG: 2046 ***
LEGAL DESCRIPTION -
PAI~.r-.~ t-
A PARCEL OF LAND BEING A PORTION OF SECTION 35, TOWNSHIP 4.9
:-.SOUTH, RANGE 26 EAST; COLUER COUNTY, FLORIDA. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 3,4. AND
35, TOWNSHIP 4.9 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
RUN THENCE N89'O1'O1"E ALONG THE SOUTH LINE OF THE NORTHWEST
QU,~RTER (NWl/4-) OF SAID SECTION 35 A DISTANCE OF 399.19 FEET TO
A POINT ON THE SOUTHERLY LINE OF A LANDFILL ACCESS ROAD AND
POINT OF BEGINNING. RUN THENCE ALONG SAID SOUTHERLY LINE
S43'47'54"E A DISTANCE OF 310.04. FEET TO A POINT ON A CURVE
CONCAVE TO THE NORTHEAST HAVING A RADIUS OF .320.14 FEET AND
WHOSE CENTER BEARS N4'6'12'O6"E; THENCE NORTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44'55'08" A
DISTANCE OF 249.12 FEET; THENCE S89'00'01"W ALONG THE SOUTH LINE
OF THE NORTHWEST QUARTER OF SAID SECTION .35 A DISTANCE OF
125.57 FEET POINT OF' BEGINNING.'
SKETCH OF DESCRIPTION (THIS IS NOT a SURVEY)
SCRWTP REVER~F_-'_ OSMOSIS EXPANSION
COLLIER COUNTY. FLORIDA
SDSK PROJECT: 0051800)
CAD FILE: O0518008.dwg