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Cedar Hammock, Tract 5MEMORANDUM DATE: February 26, 2000 TO: FROM: Maureen Kenyon, Supervisor, Clerk to Board Shirley Nix, Engineering Technician Project Plan Review RE: Cedar Hammock, Tract 5, Multi-Family Water and/or Sewer Facilities Acceptance Recording Fee Number 113-138312-649030 On ....../_< , &~99__The~ Board of County Commissioners granted al acceptance of the water and/or sewer facilities within the above-referenced project. Attached, please find the following recorded, in order: 1. Utilities Facilities Subordination, Consent and Joinder 2. Bill of Sale 3. Utilities Facilities Warranty Deed Also, please find attached the following documents for your files. 10. 11. Owner's Affidavit Attorney's Affidavit Copy of preliminary approval letter from Engineering Review Copy of Letter of Credit Engineer's final payment confirmation Certification of pressure testing of water lines by Engineer of Record Certification of pressure testing of sewer lines by Engineer of Record Bacteriological clearances (DER certification) for water facilities Memorandum to Maureen Kenyon, Supervisor, Clerk to Board February 26, 2000 Page Two 12. DER Placement-in-Service letter for sewer facilities 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Contractor's Final Release of Lien Lab results on bacteriological test for water lines Verification of final cost (Detailed: quantities, sizes, unit cost, total cost, etc.) Letter by Engineer certifying that all water and/or sewer facilities are located within the public right-of-way or dedicated easements Contractual Guarantee for material and workmanship for a period of at least one year after the Board of County Commissioners' acceptance for both water and sewer facilities Payment of water usage, laboratory and administrative charges for filling, flushing and bacteriologically certifying water lines from invoice prepared by the Utilities Division Letter from fire district regarding certification of field fire flow capacity testing Copy of backflow prevention assembly test report Certification of the inflow/infiltration test for the sewer lines by Engineer of Record Coating certification of man holes, wet wells and dry well from manufacturer Electrical Contractor's certification on Pump Station electric service wire sizing and voltage drop, pursuant to National Electrical Code specification Copy of video tape test report Letter from Compliance Services section certifying that the final inspection reveals that the Utility facilities have been constructed in accordance with County ordinances and regulations Memorandum to Maureen Kenyon, Supervisor, Clerk to Board February 26, 2000 Page Three 26. One copy of utility easement If you have any questions, please call and advise accordingly. attachments doc: 2094-2 Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES. FLORIDA 34101-3044 BY:  OFFICIAL RECEIPT When Validated DEPUTY C L E H-Tff~.,. ~7 RECEIPT: 3166-7'41 BRANCH OFFICES: GOLDEN GATE 4839 GOLDEN GATE PARKWAY GREENTREE SHOPPING CENTER 2386 IMMOKALEE ROAD IMMOKALEE ------"-:----------1101 S. FIRST STREET MARCO ISLAND 10~0 WINTERBERRY DRIVE i EVERGLADES CITY . _ _2~7 BROADWAY AVENUE DESCRIPTION AMOUNT DUE PAYOR: BCC 113 138312 649030 REF: ENGINEERING REVIEW/S NIX RECORDING OF LEGAL INSTRUMEN 51.00 P.R.M.T.F. RECORDING FEE 7,50 DOCUMENTARY STAMPS - 70 .70 DC: 3 DOCUMENTS DOC TYP FILE ID BOOK PAGE SUBORD 2613215 2657 0223 B SALE 2~13216 2657 0227 DEED 261:3217 ~6..7 0231 OEPT: RECORDING 22!G29! 0~/~0/2000 2 ~,ILLED. 20 .~!W AMi PAID: . uO TOTAL DUE: 59.20 DOC-.IO 19.50 · : .'~0 WARRANTY DEED THIS INDENTURE made this day of ~/Vtff/~,~ b/ / ,-i..9~2~ , between CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT DISTRICT OFFICES 210 N. UNIVERSITY DRIVE, SUITE 301 CORAL SPRINGS, FLORIDA 33071 (hereinafter referred to as "Grantor"), to thc BOARD OF COUNTY COMMISSIONERS OF' COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS E..X-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its su%essors and assigns, (hereinafter referred to as "Grantee"). WITNESSETH: The said Grantor, for and in consideration of thc sum ofTen Dollars ($10.00) and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledge, d, has granted, bargained and sold to thc said Grantee, and Grantee's heirs, successors and assigns forever, all water and sewer utility facilities lying within thc following described land, together with appuacnant e,~.~ment rights for the operation, installation and maintenance &said facilities, situate, lying and being in Collier County, Florida, to wit: (Sec Exhibi! "A" attached herelo and incorporated by reference hcrci..) OR: 2657 PG: 0232 and said Grantor does hereby fully warrant the title to said utility facilities, and will defend the same against the lawful claims of all persons whomsoever. For the purposes of this conveyance, the utility fa.c.i.}ities conveyed herein shall not be deemed to convey any of the lands described in Exhibit "A.' Grantor and Grantee are used for singular or plural, as context requires. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. STATE OF FLORIDA COUNTY OF COLLIER Peter R. Comeau Chairman - Board of Supe. rvB~rs : The foregoing Warrant Deed was acknowledged before me by [:>~ · C. ADrCI:~t4 , ~~_[.).F~~ DI~[F ~00~ , on ~halfofthe corporation. Per~aHy known ~o mc or pr~uc~d id~fi6cation, Ty~ of identi~eafion pr~uced: WITNESS my hand and official seal this ~ day of /_~. tary Public My Commission Expires: Prepart~d By: BANKS £NGINEF. RI'NG. iNC. 21~0 ~L£TT£ ROAD, gUITE ?01 NAFLE$, FLORIDA 341q7 n in ring, 3nc. Professional Engineers, Planners & Lane Surveyors DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA (UTILITY EASEMENT) A UTILITY EASEMENT SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER. LYING IN SECTION 3. TOWNSHIP 50 SOUTH, RANGE 26 EAST, LYING OVER AND ACROSS A PORTION OF TRACT "F-5" CEDAR HAMMOCK, A SUBDIVISION, AS RECORDED IN PLAT BOOK 32, AT PAGES 91 THROUGH 108, PUBLIC RECORDS OF COLLIEK COUNTY, AND BEING FURTHER BOUND' AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT "B-8", CEDAR HAMMOCK. A SUBDIVISION, AS RECORDED IN PLAT BOOK 32, AT PAGES 91 THROUGH 108. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S.28°48'51"W. ALONG THE WESTERLY LINE OF SAID TRACT "B-8" FOR 45.85 FEET; THENCE N.59°21'04"W. FOR 21.39 FEET; THENCE N.30°38'56"E. FOR 45.16 FEET TO AN INTERSECTION WITH A CURVE TO THE LEFT HAVING A RADIUS OF 650.00 FEET AND TO WHICH POINT A RADIAL LINE BEARS S.29°36'09"W. SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF CEDAR HAMMOCK BOULEVARD (60' WIDE); THENCE SOUTHEASTERLY ALONG SAID CURVE AND SAID SOUTHERLY RIGHT- OF-WAY LINE THROUGH A CENTRAL ANGLE OF 1 o45'25" FOR A DISTANCE OF 19.93 FEET TO THE POINT OF BEGINNING PARCEL CONTAINS 939 SQUARE FEET, MORE OR LESS. BEARINGS ARE BASED ON THE WESTERLY LINE OF TRACT "B-8", AS BEARING S, 28° 48' 51 ' W, PARCEL SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS- OF-WAY OF RECORD. DESCRIPTION PREPARED OCTOBER 05.1999 File: 126Y DESCRIPTIONS',, t 263~UTl1.- DF. SC,WPD SHEET 1 OF 2 /, 2613216 OR: 2657 PG: 0227 03/30/2000 at 07:tI~ D~IG~ !. BROCI, CLBRK BILL OF SALE THIS BI LL OF SALE evidencing the sale and conveyance of the v, ater and sewer utility facilities described herein is made this /~ day of \'~/I/(d/~'ff_ ~ .'4~e:~, by CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT DISTRICT OFFICES 210 N. UNIVERSITY DRIVE, SUITE 301 CORAL SPRINGS, FLORIDA 33071 (hereinafter referred to as "Seller"), 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, its successors and assigns, (hereinafter referred to as "Buyer"). WITNESSETH: Thc said Seller, for and in consideration of the sum of Ten Dollars ($10.00) and other.:'.g~d and valuable consideration to said Seller in hand paid by said Buyer, the receipt whereofis hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant bargain, sell, transfer, set over and deliver unto the Buyer, and Buyer's heirs, successors and assigns forever, all those certain [identify type of utility facilities by inserting water, or sewer, or water and sewer] utility facilities lying within the following described land, together with appurtenant easement rights for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida, to wit: (Sec Exhibit "A" attached hereto and incorporated by reference herein.) OR: 2657 PG: 0228 The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful owner of the said goods and chattels herein referred to as utility facilities; that s~id goods and chattels are free from all liens and encumbrances; that it has good right, title and authority to sell same, and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoever. Seller and Buyer are used for singular or plural, as the context requires. iN WITNESS WHEREOF, the Seller has caused these presents to be executed the date and year first above written. Witness STATE OF FLORIDA COUNTY OF COLLIER By: Peter R. Comeau Chairman - Board of Supervisors The foregoing Bill of Sale was acknowledged before me by ~-'I'V~__ i~. (.5C43q ---~ 'D~VE'i,.Cy"IXA~JT' ~1~-~,~C~ , O~' ~LL~::'~v-~, on bchalf of the corporation. Personally known to me or ~rod~.ced. identificatigrb Type of identification produced: WITNESS my hand and official seal this (Affix Notary Seal) My Commission Expires: II Ii1~1 ~ I Prepared By: BAN'K5 ENGINEERING, INC. 2 I.~0 CKX)DL£T'TF, ROAD, SUITE '~01 t~AFI. ES, FLORIDA ~4If~2 Professional Engineers, Planners & Land Surveyors DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA (UTILITY EASEMENT) A UTILITY EASEMENT SITUATED IN THE STATE OF FLORIDA. COUNTY OF COLLIER. LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, LYING OVER AND ACROSS A PORTION OF TRACT "F-5" CEDAR HAMMOCK, A SUBDIVISION, AS RECORDED IN PLAT BOOK 32, AT PAGES 91 THROUGH 108, PUBLIC RECORDS OF COLLIER COUNTY, AND BEING FURTHER BOUND AND ou.ows: , B£GINNINO AT TI-tE NORTHWEST CORNER OF TRACT "B-8", CEDAR HAMMOCK; A SUBDIVISION, AS RECORDED IN PLAT BOOK 32, AT PAGES 91 THROUGH 108, PUBLIC RECORDS OF COLLIER COLrNTY, FLORIDA; THENCE S.28°48'5t"W. ALONG THE WESTERLY LINE OF SAID TRACT "B-8" FOR 45.85 FEET; THENCE N.59°21'04"W. FOR 21.39 FEET; THENCE N.30°3g'56"E. FOR 45.16 FEET TO AN INTERSECTION WITH A CURVE TO THE LEFT HAVING A RADIUS OF 650.00 FEET AND TO WHICH POINT A RADIAL LINE BEARS S.29°36'09"W. SAID POINT ALSO BEING ON THE SOUTHEI~LY RIGHT-OF-WAY LINE OF CEDAR HAMMOCK BOULEVARD (60' WIDE); THENCE SOUTHEASTERLY ALONG SAID CURVE AND SAID SOUTHERLY RIGHT- OF-WAY LINE THROUGH A CENTRAL ANGLE OF 1 °45~25" FOR A DISTANCE OF 19.93 FEET TO THE POINT OF BEGINNING PARCEL CONTAINS 939 SQUARE FEET, MORE OR LESS. BEARINGS ARE BASED ON THE WESTERLY LINE OF TRACT "B-8", AS BEARING S. 28° 48' 51" W. PARCEL SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS- OF-WAY OF g'.ECORD. DESCRIPTION PREPA1LED OCTOBER 05, 1999 Fite: 1263' DESC R1PTIONS'~ 1263..UTIL- DE?,C.WPD StlEET 1 OF 2 UTILITY FACILITIES SUBORDINATION~ CONSENT AND JOINDER THIS SUBORDINATION, CONSENT AND JOINDER is given this/j~Jday of January, 2000, by U.S. HOME CORPORATION, a Delaware corporation, (hereinafter referred to as "Secured Party"), in favor of 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, its successors and assigns, (hereinafter referred to as "County"). The term "Secured Party" is used as singular or plural, as the context requires. WITNESSETH: WHEREAS, Secured Party is the owner and hold of that certain Consensual Lien recorded in Official Records Book 2525, Page 1096, et seq. of the Public Records of Collier County, Florida (hereinafter referred to as "Consensual Lien"), encumbering the premises legally described therein, (hereinafter referred to as the "Encumbered Property"). WHEREAS. County has requested and received from the fee simple owner of the Encumbered Property non-exclusive easement for the installation and maintenance of utility facilities over and across a portien of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property". :-... WHEREAS, County has requested mat Secured Party consent to, join ir~"~'~:?~ subordinate the Consensual Lien to the interest that County has in the Easement Property to which request Secured Party has agreed. NOW. THEREFORE. in consideration of TEN DOLLARS ($I0.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Secured Party does hereby consent to, join in, and subordinate the Consensuai Lien to the grant &that certain easement described herein over, under, and across the Easement Property and any interest of the County in any utility facilities Ioceted therein or affixed thereto. Except as subordinated to the easement described herein over, under and across the F~sement Properly or any utility facilities located therein or affixed thereto, said Secured Party shall,remain otherwise in full force and effect. 2613215 OR: 2657 PG: 0223 Ilflll~l~ in Oflq¢llL II¢OD~ of CO[~IIl COUlffT, 03/J0/2000 It 07:41AK DWIGH'r 1. BLOCK, el, IRK HC fill 19.50 Iltm: IIWI~IllllIO Ifil/Ill SlIVICM fllIIJI '° OR: 2657 PG: 0224 IN WITNESS WHEREOF, the Secured Party has caused these presents to be executed the date and year first above written. ~ STATE OF FLORIDA COUNTY OF LEE The foregoing Utility Facilities Subordination, Consent and Joinder was acknowledged before me by'iS>~'r~'"~ ~ (~on~tz&t4 as __v,c~ m~..~,~r of U.S. HOME CORPORATION. a Delaware corporation, on behalf of the corporation. Personally known to me or pro~l_uced identification. Type of identification produced: WITNESS my hand mid official seal this 1 ~B~ day of January, 2000. (Affix Notary Seal) N,6'..~ry Publi~: My Commission Expires: Prepared By: Stevcn P. Kushncr, Esq. Stevcn P. Kushner, P.A. 1375 Ja~ckson Street. Suite 202 Fort Mycrs, FL 33901 Professional Engineers, Planners & Land Surveyors DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA (UTILITY EASEMENT) A UTILITY EASEMENT SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER. LYING IN SECTION 3, TOWNSHIP 50 SOUTH. RANGE 26 EAST, LYING OVER AND ACROSS A PORTION OF TRACT "F-5" CEDAR HAMMOCK, A SUBDIVISION. AS RECORDED IN PLAT BOOK 32, AT PAGES 91 THROUGH 108, PUBLIC RECORDS OF COLLIER COUNTY, AND BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: .... BEGINNING AT THE NORTHWEST CORNER OF TRACT "B-8", CEDAR HAMMOCK, A SUBDIVISION. AS RECORDED IN PLAT BOOK 32, AT PAGES 91 THROUGH 108, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S.28°48'51"W. ALONG THE WESTERLY LINE OF SAID TRACT "B-8" FOR 45.85 FEET; THENCE N.59°21'04"W. FOR 21.39 FEET; THENCE N.30°38'56"E. FOR 45.16 FEET TO AN INTERSECTION WITH A CURVE TO THE LEFT HAVING A RADIUS OF 650.00 FEET AND TO WHICH POINT A RADIAL LINE BEARS S.29°36'09"W. SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF CEDAR HAMMOCK BOULEVARD (60' WIDE); THENCE SOUTHEASTERLY ALONG SAID CURVE AND SAID SOUTHERLY RIGHT- OF-WAY LINE THROUGH A CENTRAL ANGLE OF 1045'25" FOR A DISTANCE OF 19.93 FEET TO TIlE POINT OF BEGINNING PARCEL CONTAINS 939 SQUARE FEET, MORE OR LESS. BEARINGS ARE BASED ON THE WESTERLY LINE OF TRACT "B-8", AS BEARING S. 28° 48' 51" W. PARCEL SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS- OF-WAY OF RECORD. DESCRIPTION PREPARED OCTOBER 05. 1999 File: 1263'OE.qC R l~'~rrlONS; 1263_UTIL- DESC, WPD SHEET 1 OF 2 ?594356 OR '641 ' . : ,G, 2803 32,,i6,'2000 ac 09:%9AK DWIGHT q, BROCK, UTILITY EASEMENT THIS EASEMENT, granted this /~ dayof ?t'dJg-'~hc/3 , 1999, by CLYDE C. QUINBY. Individually and as Trustee as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR/DA, AS THE GOVE1LNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assi_mu, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum often dollars ($10.00) and other valuable consideration paid by the Grantee, receipt 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 to enter upon and to install and maintain utility facilities, in. on, over and under the following described lands being located in Collier County, Florida, all County utility easements indicated CUE for installation and maintenance of its facilities. Developer/I-IOA agrees for itself, its successors and assigns, that it will be responsible for the cost of any and all repairs, replacement, maintenance or restoration of improvements or landscaping installed by the grantor within the ~,s~aent ar~ to wit: See attached Exhibit "A" which is incorporated herein by reference TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or ?!uml. as the context requires. ,.OR: 2641 PG: 2804 iN WITNESS WHEREOF. the Grantor has caused these presents to be executed the date and year first above written. Wimess [.lnd7~ Wi~s By: Clyde1 C. Qumb~,!.n~y. and m Tru~ee of thi~ Florida-l, aml Trust STATE OF FLOR/DA COUNTY OF COLLIER The foregoing Utility Easement was acknowledged before me by Clyde C. ~ually and as Trustee of a Florida Land Trust, on behalf of the Trust. ?erson~to me or produced identification ~ · Type of tdentificafion produced: WITNESS my hand and official seal this (Affix Notary. Seal) // day of AJ~/./e. nb~/).2 Notary Public My Commission Expir~: Prepared by: Steven P. Kushner, Esq. Steven P. Kushner. P.A. i 375 Jackson Street, Suite 202 Fort Myers, FL 33901 ,1999. )~:~'~ '~6-/-9 07:~7A -~ 'nks -qgin-~erimg !nc. 941 J7 2~23 P.02 t:ro~ssional Er~jmaer~, Planners & Laml Surveyors DESCRIFI'ION OF A PARCEL OF LAND LYING 1N SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA A UTILI'I'Y EAS~ SITUATED IHTHE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, LYING OVER AND ACROSS A PORTION OF TRACT"F-$" CF, DAR HAMMOCK~ A SUBDIVISION, AS RECORDED IN PLAT BOOK 32, AT PAGES 9l THROUGH 108, PUBLIC RECORDS OF COLLIER COUNTY, AND BF/NG FUR~-~_ BOUND AND DF. SCRIBi~ AS FOLLOWS: BEGINNING AT TIlE NORTHWEST CORNI~ OF TRACT "B-8", CEDAR HAMMOCK, A SUBDIVISION, AS RECORDED IN PLAT BOOK 32, AT PAGF. S 91 THROUGH 108, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THHN~ S.28°48'5 l'W. ALONG __ . r__r.~ ~; ItiENCE N.30~38,56,,E. FOR 45.16 FEET TO AN INTERSECTION WITH .A =cU~_ _~ TO THE LElrr HAVING A RADIUS OF no ^ RADIAL ~ n~.~ o ,,,,,,., ............. 650 ................. ,,,,, .,.,,,,, RI __ · POun'ALSo OaT-O -WAY LInE OF C F BEGINNING PARCEL CONTAINS 93~ SQUARE FEET, MORE OR LESS. BEARINGS ARE BASED ON THE WESTERLY LINE OF TRACT "B-8", AS BEARING S. 28' 48' 51" W. PARCEL SUBJECT TO ~, ~CTIONS, RF=SERVATIONS AND RIGHTS- OF-WAY OF RECORD. DESCRIFI'ION PREPARED OCTOBER 05, 1999 File: 12 6.3,~DESCRIP~ON~ ] 2 63_UT]L. DF~C. WlrD $1-I~.i~'T 1 OF 2 Exhibit "A" :. ,-~8S\I£xx~'~6~\UESC.~::l.SNS\t261S-uIiL-CE~ ~wq T-e Oct 05 16: 44:',4 1999 I I / ~. 03 I ! OWNER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Peter R. Comeau , who to me is well known, and having been duly sworn and under oath, deposes and states: 1. My name is Peter R.Comeau I am over the age of twenty-one (21) years, am suijuris, and have personal knowledge of the facts contained hererin. 2. I am the owner of said real property located at 8676 Davis Boulevard , and legally described on Exhibit A. 3. All persons, firms, corporations, including the general contractor and all subcontractors, who have furnished services, labor or materials according to plans and specifications, or extra items, used in the construction or repair of water and sewer utility facilities on the real estate hereinafter described, have been paid in full and that such work has been fully completed and accepted by the owner. 4. No claims have been made to Owner by, nor is any suite now pending on behalf of, any contractor, subcontractor, laborer or materialman, and further no chattel mortgages or conditional bills of sale have been given or are now outstanding as to the subject utility facilities placed upon or installed in the aforesaid premises. 5. The utility facilities described herein are not included in, encumbered by, or subject to any real property mortgage, chattel mortgage, security agreement, Uniform Commercial Code financing statement, or any other encumbrance. 6. As and on behalf of the Owner of the subject utility facilities, does for valuable consideration hereby agree and guarantee, to hold 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 harmless against any lien, claim or suit by any general contractor, subcontractor, mechanic or materialman, and against chattel mortgages, security interests or repair of the subject utility facilities. Affiant is used as singular or plural, as the context requires. The utility facilities referred to herein are located within the real property described in the attached Exhibit "A." FURTHER AFFIANT SAYETH NAUGHT. DATED this I (..) day of ~-_%ltO IA.A~X_] Affiant Signature Printed Name SUBSCRIBED AND SWORN to before me this OR Produced Identification Type of Identification Produced I 0 day of , who is personally known Notary Printed Name Prepared By: BANKS ENGINEERING, INC. 2150 GOODLETTE ROAD, SUITE 701 NAPLES, FLORIDA 34102 Professional Engineers, Planners & Land Surveyors DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA (UTILITY EASEMENT) A UTILITY EASEMENT SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER. LYING IN SECTION 3. TOWNSHIP 50 SOUTH, RANGE 26 EAST, LYING OVER AND ACROSS A PORTION OF TRACT "F-5" CEDAR HAMMOCK, A SUBDIVISION, AS RECORDED IN PLAT BOOK 32, AT PAGES 91 THROUGH 108, PUBLIC RECORDS OF COLLIER COUNTY, AND BEING FURTHER BOUND AND DF_~ClilP~-~-112}WS: ,~,-~-,, .- , · <-11 ................... BEGINNING AT THE NORTHWEST CORNER OF TRACT "B-8", CEDAR HAMMOCK, A SUBDIVISION, AS RECORDED IN PLAT BOOK 32, AT PAGES 91 THROUGH 108. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S.28°48'5 I"W. ALONG THE WESTERLY LINE OF SAID TRACT "B-8" FOR 45.85 FEET; THENCE N.59°21'04"W. FOR 21.39 FEET; THENCE N.30°38'56"E. FOR 45.16 FEET TO AN INTERSECTION WITH A CURVE TO THE LEFT HAVING A RADIUS OF 650.00 FEET AND TO WHICH POINT A RADIAL LINE BEARS S.29°36'09"W. SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF CEDAR HAMMOCK BOULEVARD (60' WIDE); THENCE SOUTHEASTERLY ALONG SAID CURVE AND SAID SOUTHERLY RIGHT- OF-WAY LINE THROUGH A CENTRAL ANGLE OF 1045'25" FOR A DISTANCE OF 19.93 FEET TO THE POINT OF BEGINNING PARCEL CONTAINS 939 SQUARE FEET, MORE OR LESS. BEARINGS ARE BASED ON THE WESTERLY LINE OF TRACT "B-8", AS BEARING S. 28° 48' 51" W. PARCEL SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS- OF-WAY OF RECORD. DESCRIPTION PREPARED OCTOBER 05, 1999 File: 1263~d3ESCRIPTIONS\ 1263_UTIL-DESC.WPD SHEET 1 OF 2 Oan-~l-O0 04:~P P.09 ATTORNEY'S AFFIDAVIT STATE OF FLORIDA COUNTY OF LEE BEFORE ME, the undersigned authority, personally on this/,~-/-' day of January, 2000, appeared STEVEN P. KUSHNER, who to me is well known, and having been sworn and under oath, deposes and states: My name is Steven P. Kushner. I am over the age of twenty-one (21) years, am otherwise suijuris, and have personal knowledge of the facts contained herein. I am a licensed attorney, Florida Bar//351210, authorized to practice law and am practicing law in the State of Florida. My business address is 1375 Jackson Street, Suite 202, Fort Myers, Florida 33901. My business telephone number is 941/337-0080. My business mailing address is 1375 Jackson Street, Suite 202, Fort Myers, Florida 33901. This Affidavit is given as an inducement 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 to accept the dedication or conveyance of utility facilities located within or upon the real property described in the attached Exhibit "A", which is incorporated herein by reference, said land being located in Collier County, Florida. The Affim~t has examined record title information to both the real and personal property referenced in this affidavit, including but not limited to, information requested from the Florida Secretary of State relative to any Uniform Commercial Code financing statements. o The record owner of the real and personal property described herein is Clyde C. Quinby, Trustee under a Florida land trust (hereinafter "Owner"). The Owner acquired record title to the subject real property by instrument recorded at Official Records Book 970, at Page 1503, Public Records, Collier County, Florida, a copy being attached as Exhibit "B" hereto and incorporated herein by reference. o The Trustee has full power and authority to execute instruments of conveyance on behalf of the Trust. o The subject real property is encumbered by the following described liens and encumbrances, copies of which are attached hereto and incorporated herein by reference: a) Oil, gas, mineral and subsurface rights reserved to prior owners by instrument recorded in Deed Book 30, page 91, of the public records of Collier County, Florida, a copy of which is attached hereto as Exhibit "C" and incorporated herein by reference; and b) Rights of U.S. Home Corporation, as Optionee under that certain Memorandum of Option Agreement, recorded in Official Record Book 2441, page 1137, of the public records of Collier County, Florida, a copy of which is attached hereto as Exhibit "D", and is incorporated herein by reference; and c) That certain Consensual Lien on the Property, granted by Clyde C. Quinby, Trustee, and Thomas S. Duffy, Individually and as successor Trustee of that certain land trust agreement dated November 9, 1973, in favor of U.S. Home Corporation by instrument recorded in Official Record Book 2525, page 1096, of the public records of Collier County, Florida, a copy of which is attached hereto as Exhibit "E" and incorporated herein by reference; and d) Any and all claims or rights arising with respect to or devolving from that certain Notice of Commencement recorded on June 14, 1999, at Official Record Book 2558, page 1591, of the public records of Collier County, Florida, a copy of which is attached hereto as Exhibit "F" and incorporated herein by reference; and e) That certain Utility Easement, a copy of which is attached hereto as Exhibit "G" and incorporated herein by reference; from Clyde C. Quinby, Individually asd as Trustee, (the "Grantor"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNT AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (the "Grantee"), which instrument, dated November 10, 1999, has been executed and delivered to the Grantee but has not been recorded in the public records of Collier County, Florida; and 2 f) Such matters, other than susceptibility to lien for assessments, as may pertain to the subject property by virtue of it lying within the boundaries of the Cedar Hammock Community Development District, a special district formed under Chapter 190, Florida Statutes. g) Real estate taxes for 2000 and subsequent years. Affiant further states that the information contained in this Affidavit is true, correct and current as of the date this Affidavit is given. FURTHER AFFIANT SAYETH NAUGHT. DATED this /,5/'' day of January, 2000. Steven P. Kushner Affiant Printed Name SUBSCRIBED AND SWORN to before me this itS'"- day of January, 2000, by STEVEN P. KUSHNER, who is personally known to me OR produced identification. Type of Identification Produced ~J[ Notary Public My Commission Expires: Carol A. Landes Notary Printed Name Carol A Landes ~ MY Commission CC885846 Expires November 6, 2003 Prepared By: Steven P. Kushner, Esq. Steven P. Kushner, P.A. 1375 Jackson Street, Suite 202 Fort Myers, FL 33901 Jan-tl-O0 04:22P P. 08 DF. SCRIPT/ON OF A PARCEL 01: LAND LYING ww~ CO~, ~O~A ~T A ~_~ ~~ S~~ OV~ ~ A~O ' ' ~ ~~ ou SO~ ~ PARCEL CONTAI'N$ 939 SQUARE F'~, MORE OR LESS. BEARINGS AR.E BASED ON THE WESTERLy L~E OF ~~,,B.8,,, ~ BErG S. 2g' ~' ~l" W. OF-WAY SHEET 1 OF2 Exhlblc P .09 / ,=; ", ..',:, ,,; 0 0 0 9 Z 0 0 0 I 5 0 ~ .... ~._- OR BOOK PACE ,., ~r-' PERSONAL REPRESENrATIVI<'S ~EED ~IS DEED, ~de a~ entered Jato this ~ day of '~l~ , 1%~:. hv and between OLGA HIRSHHO~:, as Per,anal Repr;~ta~lv,. ,,~ ~1~ 'k',,'~'.:~ ,,f HL~E}';{ H. HIRS}~O~ Deceased, and Individually as an unre~rrled ~hlo~. a~ fJr,t i,~rr:,', and CLYDE C. QUINSY, TRUSTEE ~588 T~ ~aiZ No~h, r~ples Flori&l 33940 ~ mecond party~ ~ho~e post offLce mddre=s Is: ' WITNESSETti that for and in consideration of the sum of $1.,962,480.00, recaipt of which is hereby acknowledged, first ;..cry h,:t J:Id and conveyed, and does hereby sell and convey unto the said CLYDE C. qUINSY, TRUSTEE, his heirs and assigns, all that tract or parcel of land situate in Cailler County, Plorida and described ss follows: The East 1/2 of the h~4 1/4 of Section 3, To~mship 50 South, Range 26 East, Collier County, Florida, LESS AND EXCEPTINC THEREPROH, HOOVER, ~LAT PORTION of the amid East 1/2 of the NI4 1/4 of Section 3, S'm~mship S0 South, Range 26 East, Collier County, Florida, Lying South of State Road 858 and North of Scale Road 856; said excepted parcel being a parcel containing 6,05 acres, more or less, AND LESS AND EXCEPTINC THEREFROH, HOOVER, THAT PORTION of the said East 1/2 of the I¢~ 1/a of Section 3, To~'nship 50 South, Range 26 East, Collier County, Florida, previously conveyed to the State Highway DeparLment for right-of-~ay purposes, the parcel of land being conveyed hereb.! beluga parcel consisting of 72.32 acres more or less. ' The East 601 of the Southwest 1/4 of Section 3, To~tnshtp $0 South, Range 26 East, Collier County, Florida. SUBJECT to easements, restric=lons and reservations of record. TO HAVE AICD TO HOLD the same to said Crantee, his heirs and assigns, in as full and ample manner as the sams vas possessed or enjoyed by the said ~OSEPIt H. HIltOn, Deceased, in his ZN ~ESS ~E~OF, the said party of the first part has hereunto set her hand and aff~ed her seal the day and year above ~itten. presence of: Olga Htrsfihorn, as Personal Representative of the Estate of 3OSEPH H. HIRSHItORI~, Deceased, and Individually as an unremarried widow I HERZBY CERTIFY that on this day personally appeared before me, an officer duly 'uthorized to administer oaths and take acknowledgments, SECA HIP. SRItOI~, aa Parasol Representative of the Estate of JOSEPH H. HI~O~, D~sed, and Individually as an unrmrried widow, to me v~11 ~o~ es be the person(s) deserlb~ and v~ executed the foregoing and sc~l~ before me t~t said person(s) executed the same freely aM vo~rlly for the purpose therein express~. ?~a,6. ?:72. :,.. ~. '. ~-~.~ .... (-. ~ ~ · . . Notary Publ~ic , F~/ Co~ission expires: This instrument prepared by: Received $..--~/ 'J"J'/' ~.o.. ~,c,:.umc.'ffary Slomp Tax Collier Crusty, Florida William J. Rea~le~ I Exhibit Thomas R. Brown, Esq. 2660 Airport Road South Naples, Florida 33942 .'-.. '......"., '. .... the Ornntee). ,...,.' ." ." , ..' - ,. :.'"'"'"" '~' i ~.' ~" ' 'SS "' "' '"":" ...... " "~' ':" "' '"" ES TH: ' ......:'..:~ ':, ...' sid~rntion, fife reci:ip! whereof is'herel~y ~ckno~'ledged, hereby gr'nnt, :."."..'."...::.:..,.:. ., .... .. . .'.. ' . LEE COUNTY · "." "'. '.~ ": :'."':" '!" TowN~IIIP 46 SOUTIi, BANOE 27 EAST: .' NWi~ of · . . COLLIER. COUNTY.. '" ' : "TOWN2IIi[' 47 S0.UTII, ]JANaE 27 EAST: 'J , I Exhibit "C" · .12 Ali 27 E':. ..-".'. ,.: ..... ~ , 13 ............................ :.. All 34 .............................. .. 1.;,,..'....", .:.... · ......... ":'"..' 1.1 ........ : ........... ~. ............. All 3,5 ................................. All .:' ...." '2'2 ......... ' ....................... l-; ~,.;., :~ .................................. All/ "' / '~:. 2.3 .................................. All : : . · ,.. ::'~'m o~' T~.~D,~,-. 'oOU~m' .or co~...~ ....... o= ~ ........ g..~.~..~.n ..... ..~::::::::e oo'i4 :.~-:-- .' P,'. ge. .9.1: ..... ~n,t"P, ec6~'d~e~'!.,f-ijsd; . · tie ~.: '" r.a :.:o:,B;_~~,-~,:.'-., :~. ~lJ.' "'"' .._ ~...- . '. ' . ~ ...... .' ... -.... .': . / · .' . i '~ :' ' ~,,:,~j.:...., · . . i " ~ .,': .... . ' a- ·" ! TOWNSHIP 4~ SOUTH, RAN0}:' 27 '~AST :' T. OWNStIH~ ~$ SOUTH. RA.~0E.~6 EAST: 12. 13. 14. 15, I7- 20 22. ?- 1.7- All aE~I'ION, 7_ ; 18- 19 All Ail All All All Ail All All " 23 .;:~ ........................... All 0-4 ' All ':5 .... '~ I' ' 28 ._ All I ~'J ..................... All 30 All · 31 .................. All 32, All 33, All 34 ~ Ail · 35 .~ ........ All · 36 ............... All. TOWNSHIP 48 SOUTH, llANGE 27 FAST: ' ' All 30 ........ ~. ........ All '" ' ' All 3I, All AIl 32 _, All · TOWNSHIP 49 .SOUTH, RA,N'OE 26 EAST: All IIEI."T'I f).~ [4 ......................... All ~ ................. All 30 ..... :..; ..........All 32 .................. All 33 ........................ 34 ....................... Ali 3,5 ...................... All 36 ..........................All ':- ' _ ~:,~ '3iJ " .. ' ' , 'J.'OW~$tIII' ~iV $OUTII, RA.%'0I-~ ,? EAST:  ' ''~' 13.. .......All ~' '2G.~ All  i~ ................... :.:..'X. ...... " '"~i _ ~' 'All. . . lo_ " ',, '..~o .. :: ............. 2 ..... ~ ,,. ~_'" 'i, ~ .23 All .. 35 ~ " All ~4 ~ All 36. ' All 1 .......... ~ ~__ All 2 _.. ' ~1 5 _ All 3_ TOO ETIIER w/th any und all riKh~ flue and interust or fl~e Grin,. tots in and to nny nml nil buiidinKs nmi improvements ,n or land~, and in)' aud all ¢=tures and ~r~na] propert)' on and TOOETIiER'wiU~ ~dl u~d. aingulur tho ten,inertia, hurt. litnmt,.t~ · ami nl,lmr/unan~a thereunto ~longi~g or ;n any wise nlH~rtninin~, ami also aH tho estate,.right, title, in{e~us~ dower ami right ,,f Selmralu eslutu, property, posse~o~r, clabn a~'d"demaml us well in lflw as in UtlUhy~ of U,e Onmtor~ ..d th~ wives or the Gr..tor~, o~, in ~nd t6 the sn.~u tlt&~ u~'ur)' p. rt un,l ]mrcut with th? ~apl,urtenunces. TO ]IAV~': A~D TO IiOLD thu .bovu gm/tied, 'l.trg. i.ud descrii~d I,rt. miscs, with th~ tHqnirt~.~mnc~s, unto the 0runt~t., it~ suc. , UB.IEC~. hnw.vt, r. t,, tim fallowing wkh n,~pt.'t to th,: ,,H. n.,{ minernls in..nder nmi .thnt tony be ~rodneed from snhl Innds: (.} '['hu Or..tur~ 'J~t. rulQ' t'XCul)t from this dued und : ! I I I I ' Orantore, at ~1,~ time. oVthuir execution o~ this ,leanlY:in Iht. oil. a~d mlnerels in, under and that may b~ p~od~ceci from .said lands. · The Or~.tors,. Umir heir~ and as.i~s, as owoers o~ such ~d~vicled on~.hal~ interest shall ~ot, without the wrltt~, consent o~ tl,~ Orn~t~c, ' or exercise .ny richly, powcr~ or prlvil~ges ~o .fi.~. l,rodu~e or any oil, gas or minerals lying l~.s' fi,an on~' hundred twa.tv fiv~ below, the l,ree~,,t surface of said lends; the Gra.t~. its su~.svr-. use, eongt~ction or improvement by them of or on fha aurgaee af ~aid la,ds ~nay, without the consent of the O~ntors, their heirs or assize (and subject only to any rights pf others than the Orantors, their heirs or nssi~s}, ,lisplaee, consume, use or destroy say oil, g~ or minerals lying leis than one hundred twenty five r~t ~l¢w the present surface of said lands;' but nothing contained in tl~e preening clauses or this "' 'sentened shall ~ eons. treed to limit or impair an~' right~, powers or privileges of tha Oraators, their helm and assize, as owners o~ ss, eh undivided one-I,aff interest, to mine, l, rmluee or.extract any oil, ga~or" minerals lying one hundred t{v~nty five t~t or more below 'th~ present surface o~ said landt (b) ~ald l~ds are, nad this deed'and eonv~yaneo s~ll be, subject to an ~iI, gas and,mineral loses dat~,July 1, 1952 azeeulml by the Orantors as ~.sor nad Mumble Oil & ~fining Company as and recorded in the Public Records or Collier County, Deed Book 24, Orantors h,ereby convey ~o lisa Orante~, il. successors and .sslg,,s nn m,dlvlded one-half inleresL ami the ~ra~llorl hereby except fr.,,, II,is deed and conveyance and hereby r~em'e ,u,d retain Io ll,,~m~ulvus~ ll,,:ir heir~ afd assigns al,soh~tuiy and forever .n re,divided m~e.half inlerusl, ~ and Io all fl~e righls, titles, interesls, rents, royalties/powers aud privileges el the Orantors .nderisld Ieee wilh llumb]e Oil & Compa.y with ~espe.t only ~o ~ai,l I~d.; Il,is deed does not, and shall say inter~t in ~ rights, titles, interests, rent~, royalties, powers or privilege: of the Orantors umler :sid lease with llumbla Oil ~ Refining Company with ~spect to any lands other ~lan said land~. Excluded fro:., this deed ~nd conv~yan~, and ~pecifieally excepted tls~rel'rom, sr~ any and all interest~ or the Or~ntors or either of the.t u.der an assi~ment of s one.forty eighth overriding royalty from lh..hl~. Oil & ~efinihg ~ompany to the Oranto~ dated J.ly 21, 1:~2 recorded in tho Public l~e~rds of Collier Couuty, ])t,.I B.,,ll page ~11, and o~ L~c Cou,s~)', ~iisc~lla.ent, s Bn()k :14, pug,. iq-.. .~LTDJE~"i' nlso t. n.y eov~.m.~l., ru~trietiom,, ru. erv~tion~ mid easements of record nml ht ~ort, v, nmi all}" rlghts.o[.wny and un~ments for ro~,l~';"r~ilronds ami telul,ho.~ ,md power lines. - ngrecme, ts fur th~ purchase or'demi pine. I~nd d atill~e' wood) o~ ... HUIL]I.:CT nifo tn ~my htw~, urt[inunc~ ~'gulntinns,. r~trlctiu.~ or ordera or thc Un/ted 5lnte~ of America, any ~tale, County nr Munlclpn[ity withi~ Ih. Unih,d ~tates. or America, or any public author/tr. The O~ntora covvnan: thnt U,cv have not done nr ~uffervd any. ~ing whereby ~nh[ Innd~ hove leen enc.ml~red in nny w~y whnt~o. ever, except 'ha aforesaid. The wive~ of the Orn.tors Imve exc~uted this deed .-Ich' for the dower, hom~tem[ and S~lmrnte t. stntea in and to the nl)ov~ Imrg~tinu, I nhd ,lus(.riled I,rm,,is~,~, with the npl)urtunnn~' IN 'WIT~'E~ WIIEil~{)r, lhu Ornnlnra and the wive~ .r Iht- ~r[mtora ])nv,~ hr?re.nfo ~t II']eir Iron(la nmi senl~ Ihu dna' nmi vvnr firat nlmve written. ' ' Barton Collier, Jr. Miles Collier Barb~ra M. Collier $ig.'ed. ,.t.~tled nnd deliver~.l in the pre~,~..t.e of u~: : I ! I i I ! I I I I I ! I I I I · :'.::i' ..'.: '.'! !.'.~;'~ '.~, ~.. . ' . ~;,,7;~' . ~J. 1',~,,.'. ~'q.-' . ' ', : · · .-:' . ' · : '. ". '. '. .'~83~ · , Cot~T%' 0~' ~'OLLt~ ~.: · ' who execntml the [ore~in~ ,h~(l and ~,v~dlv nckno~rl~l~,,,1 mv~cinl seal tills 2Uth (l,T.o~ Septm,l~r, f.: / .:,',..~'. ..,;, .. ~ · , ' ',"~; ~&'". · Z'/ · ,' ' ' '.~'t . ' ".. ~" ,..",~/ ' ' ~. ~, ,,,~ ~. ..........~..: . . . · ;~e~l in'tile ~t~te un(l Comity uforL, uu]~ tu ttt~e uuknon'l~l~m~'al~, l~'r· ' ' , . ,onnlIT nl~Penr~l llorburu ~I. Collier, wi~e o~ ~flrron k~o~ to b~. the l)ereon d~cri~d in end who ex~ut~ th~. I' , dee,l, fln~ ,~kno,,'le~Re,l to me~hnt ,he ,x~ut,,! the ,,mt..  '. . IN ~t~ N I.;SS WH EE~]U}, l huve hereunto set my huml and nfllxml : . m~ o~clul .BI thi~ 30th ,lit%' or September, ~953. ' ' ~. ~ ~ ~ .. ........ ,~?~.~;.~?.~-:~.~ ........... . ...... ~ IJ~.~ '~.. ~ , ...... , ..... ,..,, .... ~. ~t ~J~~ ~~ · ~~ ........ , .......... ~...' ~'..... ~ f~~! ~~ ~~ ~"'~ "-' ........ ' . · . ~...' ~ ~ '. '.~ ';;. ~, ~~ ~R, ~ · .,......,., ...~,..~.. : ~ , .~ ...~;:~.... ~.~...? ~ ~ ~ . :~ · ~,,~; ....... ~., l~ ~.~ ~ .... ,~,.~.,. ~CORO~ ~n t~e O~ZCIA~ RICOROS o~5~J~R COUNTT, ~5 EXHIBIT "G" MEMORANDUM OF CONTRA CT H,50 This Memorandum will evidence the existence of a certain contract executed this date between CLYDE C. QUINBY, Trustee and THOMAS A DUFFY, Trustee (collectively, "Optionor'), with U.S. HOME CORPORATION, a Delaware corporation ("Optionee'), affecting the following described property: See legal description attached hereto as Exhibit "A" and incorporated herein by reference. The purpose of this Memorandum is to notify all persons interested in the foregoing described property, that Seller and Buyer have entered into said Contract and regarding the above described property. Executed this the ~ day of /~ CLYDE C. ~UINI~, Trustee s s. D U.S. H( a DelawDa~ ?~ ION, Exhibit "D" ; STATE OF FLORIDA COUNTY OF COLLIER This i,istrument was acknowledged before me on the ~ CLYDE C. QUINBY, who is personally knowff'to VINCENT MURPHY Bonded By Service Ins No. CC547144 P~.,aenstb' Known I ] ~ I. O. ~otary Seal) Commission expires: dayof~'~,& ,199~,by me or (vho ~as prod"-~ced (type of ident/j~cation> as identification. 'gnature of Person taking acknowledgment Name of'~'~I~v~edg'er Typed, Printed or Stamped Notary Public, State of.. ~{--.~ Notarial Serial Number STATE OF FLORIDA COUNTY OF COLLAR This instrument was acknowledged before me on the day of xd ,199 by THOMAS S. DUFFY, who is personally known to me or who l~as prod-'~ced (7~identification. x,VINCENT MURPHY Signature 9~'~~cknowledgment My Cornm Exp. 7/29100 Bonded By Service Ins No. CC547144 Name of Acknowledger Typed, Printed or ~,o~,,~t ~o,~ ti o~,,,, o. Stamped (Notary Seal) Notary Public, State of My Commission expires: Notarial Serial Number I I I STATE OF FLORIDA cou~ or ;:'/.-- ..-U.i~n.rum~ w~.s ~.~aow~l~;~.~ ~.~'o~ m~ o~ ~ CO--OPTION, a Florida cozporation, wh° is personally ~own to produced me or who has identification. (W ~e of  VINCENT MURPHY My Comm Exp. 7~29~00 Bonded By Service Ins No. CC547144 ~o~ally Kv, o~n [ ] Oth~ I. O. ('Notary Seal) My Commission expires: ~ignature of Persor Vincen: Murphy Name of Acknowledger Typed, Printed or Stamped Notary Public, State of identification) as ng acknowledgment Notarial Serial Number AFTER RECORDING RETURN TO: Steven P. Kushner Steven P. Kushner, P.A. 1375 Jackson Street, Ste. 202 Fort Myers, Florida 33901 m E~-II~IT "A- PROPERTY DESCRIPTIOn[ PG: 1140 Parcel One: The Southwest ¼ of Section 3, Township 50 South, Range 26 East, Collier County, Florida, less the West ~ of the Northwest ¼ of the Southwest ¼ of said Section 3; The Southwest ¼ of the Southwest ¼ of the Northeast ¼ of Section 3, Township 50 South, Range 26 East; The Northwest ¼ of Section 3, Township 50 South, Range 26 East, lying southeasterly of Davis Boulevard (State Road 84). Parcel Two: The Southeast ¼ of Section 3, Township 50 South, Range 26 East lying west of Isle of Capri Road (State Road 95 I) I ! I I I I i I I I I I I I i I i i This document prcparcd by. and should be returned to: Steven P. Kushnet. P.A. 1375 Jackson St.. Suite 202 Forl Myers. FL 33901 Exhibit "B" ISCORDJ" 'n 0HICIAL RSC01DS 0t C0LLIH C0UgT~, ~L HC H! 15.00 llt~: ~0R! ~YHS ~L CONSENSUAL LIEN FOR DEPOSIT CLYDE C. QUINBY, Individually and as Trustee under a Florida land trust, and THOMAS S. DUFFY, Individually and as Trustee under a Florida land trust, each with powers enumerated under §689.071, Florida Statutes, and thereby having the power and authority to protect, conserve and to sell, or to lease, or to encumber, or otherwise to manage and dispose of the real property subject of the respective trusts, (collectively, the "Grantors") as the collective fee simple owner of that certain real property situated in Collier County, Florida, more particularly described on Exhibit "A" hereto (the "Property"), hereby grants to U.S. Home Corporation, a Delaware corporation, its successors and assigns (the "Grantee"), a consensual lien over, upon, under, and through the Property, which lien secures the potential reimbursement by the Grantors to the Grantee, of $250,000.00 in deposits (the "Deposits") made by the Grantee to the Grantors under that certain Option Contract for Purchase dated July 3, 1998, as subsequently amended (the "Agreement") as well as all interest accrued on the Deposits. The Grantee's entitlement to reimbursement of the Deposits shall be govemed by the terms of the Agreement. This Consensual Lien shall have the legal force and effect of a mortgage under Florida law, and may be foreclosed upon, or otherwise enforced in the same form and manner as allowed for mortgages in the State of Florida. In the event of such legal action, the prevailing party shall recover reasonable attorneys' fees and all costs of collection. All persons or entities shall have record notice of this Consensual Lien. and its priority of record, based upon the recordation hereof in the Public Records of Collier County, Florida. WHEREFORE. the Grantors have has set their hands and seals as of the of~j~.a_. 1998. Signature of Witness Linda Davis Name prinJ,ext or ~,/p. ed~.~-/ S igna~~&''~'x'' Vincent Murphy Name printed or typed day CLYDE d;. QUINBY~/Individual~ and as Trustee under a Florida land trust, owner of the property described on Exhibit "A" Date: QDuff. CLn I Exhibit "E" Signature of Witness Linda Davi~ Signature of W~s Vincent Murphy Name printed or typed THOMAS S. DUFFY, I~divi~an-/d as Trustee under a Florida land trust, owner of the property described on Exhibit "A" Date: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this o~ day of I~e,~{;~,).. 1998. by CLYDE C. QUINBY, who is~onally known to ii:[E~r who has produced .as identification, and who did/did not take an oath. My Commission Expires: 9 .,'r~' ;;'-", UNDA DAVIS : .:', :' ~ "~ ~.MY COMMI~SlON # ~ ~1 (Seal) ' iL Il ~qot~'Y Public) PLEASE PRINT NAME BELOW Commission or Serial No. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged.before me this _,.2,,T day ofd2c~t~, 1998. by THOMAS S. DUFFY, who is(~onally known tO m--~'~r who has prodUced as identification, and who did/did not take an oath. My Commission Expires: (Seal) (Notary Public) PLEASE PRINT NAME BELOW Commission or Serial No. QDuff. CLn -> PR OPER TY DE$CRIPTION Parcel One: The Southwest ¼ of Section 3, Township 50 South, Range 26 East, Collier County, Florida, less the West ~ of the Northwest ¼ of the Southwest 'A of said Section 3; The Southwest ¼ of the Southwest ¼ of the Northeast ¼ of Section 3, Township 50 South, Range 26 East; The Northwest ¼ of Section 3, Township 50 South, Range 26 East, lying southeasterly of Davis Boulevard (State Road 84). Parcel Two: The Southeast ¼ o£Section 3, Township 50 South, Range 26 East lying west of Isle of Capri Road (State Road 951) IL '.This mstnm~em prepared by: Name: Banks Engineenng, lac gddr~s: 2150 Goodlcue Ro~d,...~te ?0l Naples, Fiends 34102 PERMIT NO. F.D.O.T. Permit ~98-A-19%0027 Construction Finns & Plan # SD99-6 PWA for Golf Collide Construction TAX FOLIO NO. _ 00399S20000 NOTICE OF COMMENCEMENt' STATE OF FLORIDA COU%'TY OF COLLIER The undersig, ned hereby gives notice that impeovemcnt will be made to certain real property', and in accordance with Chapter 713. Fiends Statues. the following information is provided in this Notice of Commenccmcm Descnpnon of property (legal description ofpropet~ and ~'eet address if available): See attached Legal Description. General description of the improvement: Proposed 418 acre golf course community of approximately 799 dwellings. Owner information: A. Name and address: U.S. Home Cerperntion, c/o John Campbell. 10481 Six .'~[ie Cypress Parkway, Fort Myera, Florida 33912 B, Interest in properly: Fee Simple C, Name and address of Fee Simple Title holder(s) (If other than owner: Clyde C, Ooiobv Reslt% lin:. 3TllS Airoerl Road N. Noel#. Florida D. Phone Number: (~41) ZT8-1177 Contractor: Mitchell & Stark 6001 Shirley Street Naples, Florida 34109 (941} S97-2165 Ryan Golf Development, lac, 786 8omh Military T~nli Deerfleld Belch, Florida 33442 (9S4) 427-SS~J~ Surety: A+ Name and address: l,'idelily GumrenTM and Acceptance Corp, P.O. Box 2863 Houston, TX 7'7252-28~3 Lender: A. Name and address: B. Phone numbe~. Persons within the State of Honda designated by Owner upon whom notices or other documents may be served as provided by Section 713,13 ( I )(a), Florida Statutes: Steve Kushuer, P.A. 13'/5 Jackson Street, Suite 202 Fort Myers, Florida 33901 (941) 337-0~80 8 In addition to himself, Owner designates to receive a copy of the Lienor's Notice as provided in Section 713.13 (l)(b), Florida Statutes: A Name and address: David R, UnderhlU, Jr,, BanK~ Engineering, [nc. 21f,0 Geedleste Road. SuHe 701, Naples, Florida 34102 B. Phone number: (941) 403-g866 9. Exp!raUon date of Notice of Commencement (the expiration date is 1 year from the date of recording unles~y~ ~~/4s ,pcb;tried) . Signature of Own Owner's ~ame: U.~o,r~ Cdroo't~ ~' · O,~mer's Address: 11~481 $~x Mile Cypres, Parkw,v. Fort Mvc*s. Florida 33912 Sworn to and subscribed before me by ,~.~M r,g~.~lYH::' ~:~'LI~ who ts personall~t known to m~ or produced -- ~ ~,s.jdcnufication ~nd who did / take an Oath this ~ [{ d.y of --qq.,,-,~, , t~ qq Exhibit "F" Professional Engineers, Planners & Land Surveyors DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLOR/DA (CEDAR HAMMOCK) A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLOR/DA, COUNTY OF COLLIER, LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE N88°56'52'E ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3 FOR 2567.09 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE Ngg°56'52"E ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 3 FOR 2441.77 FEET TO THE WEST LINE OF A PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 1945, PAGES 177 AND 178, COLLIER COUNTY PUBLIC RECORDS: THENCE N00°51'56"E ALONG THE WEST LINE OF SAID PARCEL FOR 2778.41 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE S89 o 19'38"W ALONG SAID SOUTH LINE FOR 1827.03 FEET TO THE SOUTHEAST CORNER OF THE WEST ONE HALF OF THE WEST ONE HALF OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE N00° 17'56"E ALONG THE EAST LINE OF SAID FRACTION OF SECTION FOR 703.41 FEET; THENCE S89~34'06"W FOR 652.88 FEET TO THE WEST LINE OF SAID FRACTION OF SECTION; THENCE N00 °07'06"E ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 FOR 1974.83 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF DAVIS BOULEVARD (S.R. 84) (150 FEET WIDE) AND AN INTERSECTION WITH A CURVE TO THE LEFT, HAVING A RADIUS OF 3224.04 FEET AND TO WI-HCH INTERSECTION A RADIAL LINE BEARS NI3°45'I0"W; THENCE SOUTHWESTERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 05 °30'05" GOT 309.56 FEET TO THE BEGINNING OF A COMPOUND CURVE TO THE LEFT, HAVING A RADIUS OF 2789.79 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 40027'49'. for 1970.21 FEET; THENCE S30° 16'56"W ALONG SAID RIGHT-OF-WAY LINE FOR 1618.28 FEET TO THE NORTH LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 3, THENCE N89 ~ 19'38"E ALONG SAID NORTH LINE FOR 643. ! 2 FEET TO THE NORTHEAST COP~NER OF SAID FRACTION OF SECTION; THENCE S00°27'35"E ALONG THE EAST LINE OF SAID FRACTION OF SECTION FOR 1403.17 FEET TO THE SOUTHEAST CORNER Lee Count3.': 10501.104 Six Mile Cypress Parkway. Fort Myers. Florida 33912 · (941)939-$490 · Fax (94])939.2523 Cailler County: 2 ! 50-701 Goodletl¢ Road, Naples. Florida 34102 {941 )403-8866 Fax (941 }403-8868 I I I I I I I I I! I I I SHEET I OF 2 OF SAID FRACTION OF SECTION; THENCE S89°08'20"W ALONG THE SOUTH LINE OF SAID FRACTION OF SECTION FOR 6~6,45 FEET TO THE WEST LINE OF SAID SECTION 3; THENCE S00°39'04"E ALONG SAID WEST LINE FOR 1405.28 TO THE POINT OF BEGINNING. PARCEL CONTAINS 417.32 ACRES, MOKE OR LESS. BEARINGS ARE ASSUMED AND BASED ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF DAVIS BOULEVARD, STATE ROAD 84, AS BEARING S30° 16'56"W. SUBJECT TO EASEMENTS. RIGHTS-OF-WAY, RESTRICTIONS AND RESERVATIONS OF RECORD. Thomas C. Shaw Professional Land Surveyor Florida Certification No. 4672 SHEET 2 OF 2 Oan-11-O0 04:19P P.02 UTILITY EASEME~ THIS EASEMENT, granted this /~ day of . h'~y~'~? Z, c~. , 1999, by CLYDE C. QUINBY, Individually and as Trustee 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, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum often dollars ($10.00) and other valuable consideration paid by the Grantee, receipt ofwkich is hereby, acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain utility facilities, in, on, over and under the following described lands being located in Collier County, Florida, ail County utility easements indicated CUE for installation and maintenance of'its facilities. Developer/HOA agrees for itself, its successors and assigns, that it will be responsible for the cost of any and all repairs, replacement, ma/ntenance or restoration of improvements or landscaping installed by the grantor within the easement area, to wit: See attached Exhibit "A" which is incorporated herein by reference TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the fight to emer upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or ph:r,_l, as the context requires. Exhibit "G" Jan-~l-O0 04:20P P.03 1N WITNESS WH~P, EOF, the Grantor has caused these., presents to bo execumd the date ~d year first above written. By: Clydd C. Quinby~, In.di.~d~mlly and as Trustee ofth~ Fl~Hda"Land Trust STATE OF FLOP. IDA COUNTY OF COLLIER , The foregoing Utility Easement was acknowledged before me by Clyde C. ~~ually and as Trustee of a Florida Land Trust, on behalf of the Trust. _Personally kno..~to me or produced identification. Type of ~emification produced: WITNESS my hand and official seal this (Affix Notary Seal) // day of ..~.),.? Notary Public My Commission Expires: Prepared by: Steven P. Kushner, Esq. Steven P. Kushner, P.A. 13 75 Jackson Street, Suite 202 Fort Myers, FL 33901 , I999. Oan-'ll-O0 04:20P P.04 D~SCR.[P~ON O~ A PARCEL OF LAND LYING IN SECTION :3, TOW'NSH~ $0 SOUTH, RANGE :26 FAST COLLIER COUNTY, FLORIDA A ~ F..AS~ SITUATED IN THE STATE OF FLORZDA, COUNTY OF COLLZER, LYING 1N SECTZON 3, TOWN$~ 50 SOUTH, RANGE 26 EAST, LYZNG OVER AND ACROSS A POKTZON OF TRACT "F-5" CEDAR HAMMOCK, A SUBDIVISION, AS RECOR. DED rN PLAT BOOK 32, AT PAGES 9! THROUGH Z PUBLIC R.ECOP,.DS OF COLLIER COUNTY, AND BEZN'G FUR.TH.F=R BOUND A~VD DE$CRZBED AS FOLLOWS: a-~ r_~_A'! UUU~L ~g, AT PAb--'F~ 91 ~OU~ 108, FOR 2I 39 ~; ~~ .. --0--,_ _,,_ ~ FOR 45.~ ' ~ ~.~o ~8 5~ E FOR 4; ]; ~ ...... ,,o.oo ~GHT-OF WAY ~ 0~ W. S~ PO~ ~O B~G ~ S L~ ~OU~ A OF ] ~ PO~ OF BEG~G FOR A D~~ OF 1~.93 ~ TO P~C~ CO~S ~y SQU~ ~T, MO~ OR L~S. S. 2S' ~' 51" W. PARCEL SU'B3ECT TO F-ASEMENT~ RESTRICTIONS, OF-WAY OF R.F, CO~. ' RESERVATIONS AND I~GHTS. DESCR.IF2~ON PI:~PAR. I~ OCTOBER F/]~: !263'~DESCILIlaTrONS~I2~3_UTa~DR~C. WPD SHEET 1 OF 2 Exh~i= "A" 04:20P \ % % ! I P.05 FIDELITY GUARANTY AND ACCEPTANCE CORP. Box 2863, HOUSTON, TEXAS 77252-2863 (713) 599-2575 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 00007 BENEFICIARY: DATE OF ISSUE: PLACE OF EXPIRY: JANUARY 14, 2000 AT ISSUER'S COUNTERS ' ' : ' " ":dA~AND AbC .:.,-,]E~'' ~NCE ....... ': - ' ' SHA:~L ~~'l$~O~~t~~l:l~)~ c~UaraNw' ANB ACCEPTANCE SUC~S8~,~~:~~ ~c~ ~~~ ISS~ ~ES8 AT LEAST S~ (~) DAYS ~ TO~ ~" SO ~W ~S C~DII ..... ', - ~ - - - ~ ...... - ,A~;~J CY ArC ~,]j,:-z- ~PLtC~: ~S. HO~ ~~ION, ADELAW~ CO~ION'a';'~'~ "% ;' .... - ' · . . - - . - . .: ~'-~-.;~ r: '- .~ - : ~ .~;7,, _ ,~' :-~ "~*:,2.. 2.7~: ;- D~iY GIj~RAN~ AND ACCEPTANCE ~D~T~v~~ .,iss~-. ,~,.:_. ~ ;:... .... . ..... : ..... ,-:~.~-~:~,~ BY: BE~IC~Y'.S D~IS AT SIO~ D~ON,~IS~: ,~ ....... , .==. PRO~ TO ~ Fo~Y ACCEP~ nY ~ B~C~Y~' ..... . . D~T(S) D~ ~R ~S LE~R OF'C~D!T ~ST BE ~D:~'D~ ~g,., .._ ,. U.S. HO~ CO~O~ON C~D~ NO. ~7DA~ J~Y 14, 2~. ~ O~~ .... .. ~,. LET~R OF C~ ~ ~L ~~S, ~ ~, ~ST BE P~~ FOR PROPE~,; ms ::m or o.n~ s~s ~m~L ~ ~S O~-:Sm'S ~~, OR ~~V~~ ~'~ ~; ~s~~; ' ~ AG~E~ ~~C~ TO ~ OR ~-~ ~S LE~ OF C~DIT ~A~g,' ~'`': ' ~ ~ SUCH ~NCE S~L NOT'BE D~ TO ~CO~O~ ~ BY ' ' ' ~N~ ~ ~~, ~S~~ OR'AG~E~: ~ '~':~ ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED WITHIN THE VALIDITY OF THIS CREDIT. THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCLrME~Y CREDITS (1993 REVISION) INTERNATIONAL CHAMBER OF CO"MMi~CE POBLICATIOIq NO~~';"'' .... tc~?~,~cE FIDELITY GUARANTY AND ACCEPTANCE / , COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION January 24, 2000 Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Tony J. Squitieri Banks Engineering, Inc. 2150 Goodlette Road,//701 Naples, FL 34102 Re: Cedar Hammock, Phase I and Cedar Hammock Multi-family, Tract 5 Dear Tony: This is to inform you that the above referenced project has been granted preliminary approval by Engineering Review in compliance with Collier County Land Development Code, Section 3. All water and/or sewer facilities approved, accepted and required to be maintained by Collier County shall be conveyed to the County pursuant to the provisions set forth in Collier County Ordinance No. 97-17, as amended. You are reminded that it is your responsibility to petition the Development Services Director for final approval of the improvements upon the expiration of the minimum one (1) year maintenance period. After satisfactory completion of all final inspections., the Board of County Commissioners shall grant final approval of the required improvements establishing County responsibility for maintenance of the required improvements if it is the Board's desire to accept and maintain the facilities. If you should have any questions or if we may be of assistance, please advise. Very truly yours, Shirley Nix Engineering Technician II cc'- Joe Cheatham, Wastewater Director Paul Mattausch, Water Director Diane Deoss, Public Works John Houldsworth, Engineering Services Phone (941) 403-2400 Fax (941) 643-6968 www. co.coHier, fl.us ngmeermg, Professional Engineers, Planners & Land Surveyors November 10, 1999 Collier County Board of County Commissioners Collier County Government Complex 3301 East Tamiami Trail Naples, FL 34112 Reference: CEDAR HAMMOCK - MULTI-FAMILY TRACT F-5 Ladies and Gentlemen: We do hereby certify that no outstanding money is owed to us for engineering fees at this time associated with the design and certification of the water and gravity sewer systems at the above project. Sincerely, BANKS ENGINEERING, INC. David R. Underhill, Jr., P.E. Florida Registered Engineer #47029 DRU/jmp S:XReception\WPDocs\12xx\1263\CountyXMulti-Family Tract F-SXMulti-Family Tract F-5 Tumover\1263_FinalPaymentConfMF F-5.wpd Lee County: 10501-104 Six Mile Cypress Parkway, Fort Myers, Florida 33912 · (941)939-5490. Fax (941)939-2523 Collier County: 2150-701 Goodlette Road, Naples, Florida 34102 (941)403-8866 Fax (941)403-8868 ngmeermg, Jim:. Professional Engineers, Planners & Land Surveyors November 10, 1999 Collier County Board of County Commissioners Collier County Government Complex 3301 Tamiami Trail East Naples, Florida 34112 Reference: CEDAR HAMMOCK - MULTI-FAMILY TRACT F-5 Ladies and Gentlemen: We witnessed pressure testing on the potable watermain and sewer forcemain on October 1, 1999, per the standards set forth in the Collier County Utilities Ordinance. The test results are as follows: 1. Potable Watermain; Start: 9:00 a.m. ~ 151 psi Finish: 11:00 a.m.~ 151 psi No leakage was observed. Total Length Tested = 4100 Feet (10") Total Length Tested = 3400 Feet (8") Allowable Leakage = N/A Gallons Amount Required to Re-establish Test Pressure = N/A Gallons Sewer Forcemain (From Lift Station to Road); Start: 9:00 a.m. ~ 102 psi Total Length Tested = 1200 Feet (8") Finish: 11:00 a.m. ~ 102 psi Allowable Leakage = N/A Gallons Amount Required to Re-establish Test Pressure = N/A Gallons No leakage was observed. Sewer Forcemain (Lift Station #2 to Lift Station #1); Start: 9:00 a.m. ~ 102 psi Finish: 11:00 a.m. ~ 102 psi No leakage was observed. Total Length Tested = 1000 Feet (8") Allowable Leakage = N/A Gallons Amount Required to Re-establish Test Pressure = N/A Gallons We do hereby certify that the watermain and forcemain have passed pressure testing as set forth by Collier County Utilities Ordinance. Sincerely, BANKS ENGINEERING, INC. David R. Underhill, Jr., P.E. Florida Registered Engineer #47029 DRU/jmp S:~Reception\WPDocs\12xx\1263\County\Multi-Family Tract F-5\MultiWamily Tract ['-5 Turnover\1263_PressureTestMF F-5 wpd Lee County: 10501-104 Six Mile Cypress Parkway, Fort Myers, Florida 33912 ' (941)93%5490 · Fax (941)939-2523 Collier County: 2150-701 Goodlette Road, Naples, Florida 34102 (941)403-8866 Fax (941)403-8868 Jeb Bush Governor Department of Environmental Protection South District P.O. Box 2549 Fort Myers, Florida 33902-2549 David B. Struhs Secretary Peter R. Comeau, Regional Vice President U.S. Home Corporation 10481 Six Mile Cypress Parkway Fort Myers, Florida 33912 Re; October 29, 1999 Collier County - PW Cedar Hammock - Multi-Family Tract F-5 (Collier County Regional WTP) 158821-001-DSGP Dear Mr. Comeau: This acknowledges receipt of certification that the subject water distribution system extension has been completed in accordance with the plans and related materials permitted by this agency under Permit Number 158821-001-DSGP dated August 23, 1999. Based on this certification and satisfactory bacteriological results, we are approving these facilities for service. Your continued cooperation in our water supply program is appreciated. Sincerely, Professional Engineer Water Facilities CRD/MFJ/skw cc: David R. Underhill, Jr., Thomas E. Kuck, P.E. ',/ NOV 0 1 1999 "More Protection, Less Process" Printed on recycled paper. Florida Department of Environmental Protection Twin Towers Office Bldg., 2600 Blair Stone Road, Ta!!ahassee, Florida 32399-2400 NOV 0~, 1999 DOMESTIC WASTEWATER COLLECTION/TRANSMISSION SYSTEMS CERTIFICATION OF COMPLETION OF CONSTRUCTION INSTRUCTIONS: This form is to be completed and submitted to the Department, prior to placing the system into operation. A collection/transmission system should not be placed into operation without prior Department approval. All information is to be typed or printed in ink and all blanks must be filled. Construction Permit No: 52258-060-DWC-CM Dated Name of Project Cedar Hammock - Multi-Family Tract F-5 - Partial Acceptance Name of Owner: U.S. Home Co _rporatiQq September 9. 1999 Name of design engineer and Florida registration number (if different from engineer si~tming certification): Date(s) connection to existing system or treatment plant: Treatment plant serving project Name: South Counw Regional Water Reclamation County: Collier City: East Naples DEP Identification Number (also known as WAFR or GMS Identification Number): FLA0141~ Substantial deviations from the approved plans and specifications (attach additional sheets if required): No substantial deviations, see Record Drawillg$ DEP Form 62-604.300(7)~o) Page 1 of 3 Eff~'tive June l, 1992 Soush~ Disu 400 N. Confft".s$ Ave. WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of $ 690,037.10 , hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to (customer) on the job of (owner property) CEDAR ~ , to the following described property: 11-4 99 Dated On , 19 MITCI-P~.L & STARK ODNST. CO., INC. 1,ienor's Na me Address 6001 Shirley Street Naples, FL 341 09 Brian Penner [hunted N:~mt, NOTE: This is a statttto~w form prescribed by Section 713.20, Florida Statutes (1996'). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statuto~, form. ADC NO INVOICE BOARD OF cOUNTY COMMISSIONERS cOLLIER couN'r~- CO~-~rHOUSE cOMPLEX NAPLES. FLORIDA 34112 Invoice. No. £)OR599 Da[e: OCTO_I'.ER 18, t999 TO: MrI'CHELL AND STARK 60;)7 SHIRLEY ST. NAPLES. FL 33942 Del~artments- C),,pt. of Revem~e _ Phone; __403___- 2365 Dt IE AND PAYAB' i~RECEIP'I- [BOARD OEPARTM~ I~t'S ONLY - CH :,RGES EXPENSED UI=~3N RECEIPT Or YELLOW COPY q FIMANC~ CEDAR HAMMOCK AMOUNT Labor. 5.00 hrs. ~ 15.00 per hour per hour Admins Cost -'~-~erials ~ '-lab enaylsis gallo-'"-'~s water usedT9,852 TOT^I. AMOUNT '5.00 60.00 26.97 0 ).00 80 $ 472.77 ~/00000 MAKE CHECKS pAYABLE 1'O COLLIER COUNTY BOARD OF C< 3UNTY COMMI .;SlONERS DETACH AND MAIL THIS POETION WITH YoUR c. HECK TO COLLIER COUNTY REVENUE SERVICE:~ 2802 N HORSESHOE DRIVE NAPLES. FLORIDA 34104 REVENUE ACCOUNT Invoice' No. DoRS99 ~ Ami Encl. NRNo- 42(:YIN EXPENDITURE ACCOUNT 0£~-:1 Z0/Z0'd FAX NO. : 1+~1+455~1~ OCt. B8 1999 B2:~SPM P1 FROM :' ~ C[]MBS FAX NO. : DRINKING WATE~ ~I'F,J~OLO~IC~L ANALYSIS MITCHELL & STARK 1+941+455+7102 PAGE 82 Oct. 08 1999 02:26PM PD J89 PO1 OCT B8 '99 18:57 MITCHELL & STARK CONSTRUCTION CO., INC. LICENSED GENERAL CONTRACTOR 6001 SHIRLEY STREET NAPLES, FLORIDA 34109-6202 PH: 941-597-2165 FAX: 941-566-7865 VERIFICATION OF FINAL UTILITY COSTS CEDAR HAMMOCK -TRACT F-5 ITEM NO. DESCRIPTION A. SANITARY SEWER SYSTEM A1 Sanitary Sewer Manhole 0-6 A2 Sanitary Sewer Manhole 6-8 Cut A3 Sanitary Sewer Manhole 8-10 Cut A4 Sanitary Sewer Manhole 10-12 Cut A5 8' PVC Sanitary Sewer Main 0-6 Cut A6 8" PVC Sanitary ,Sewer Main 6-8 Cut A7 8=' PVC Sanita~ Sewer Main 8-10 Cut A8 c3" PVC Sanitary Sewer Main 10-12 Cut A9 8" Sewer Service wi.'.h CleenoUt QUANT, UNIT UNIT PRICE TOTAL PRICE 4 EA $1,575.00 $6,300.00 4 E^ $1,828.00 $7,312.00 2 EA $2,086.60 $4,17320 2 E^ $2,72~-.00 $5,448.00 1,012 LF $14.73 $14,906.76 1,041 LF $15.50 $16,135.50 465 LF $22.73 $10,569.45 555 LF $33.23 $18,442.85 16 LF $588.00 :~9,408.00 SUB TOTAL $92,695.56 B. WATER SYSTEM B ~ 10" PVC DR 18 Water Main and Fitti,gs B2 10" PVC OR 14 Water Main and Fittings 83 8" PVC DR 18 Water Main and Fittings B4 8' PVC DR 34 Water Main and Fittings B$ 8" Gate VaNe B6 Fire Hydrant Assem!~ly B7 4~ Detector Check Assembly B8 Permanent Sampling Point B9 20' Steel Ce. sing Jack & Bore El0 Air Release Valve 560 LF $11.89 $6,658.40 210 LF $15.07 $3,16470 1,600 LF $10.30 $16,480.00 240 LF $12.53 $3,007.20 4, EA $659.00 $2,636.00 6 EA $2,084.00 $12,504.00 6 EA $8,270.00 $49,620.00 1 EA $724.00 $724.00 38 LF $242.00 $9,196.G0 8 EA $1,030.00 ,~8,240.G0 SUB TOTAL $1 ! 2,230.30 TOTAL $204,925,86 AN EQUAL OPPORTUNITY EMPLOYER ngin ring, nc. Professional Engineers, Planners & Land Surveyors November 10, 1999 Collier County Board of County Commissioners Collier County Government Complex 3301 East Tamiami Trail Naples, FL 34112 Reference: CEDAR HAMMOCK - MULTI-FAMILY TRACT F-5 Ladies and Gentlemen: We do hereby certify that all water and sewer utilities to be dedicated to Collier County are located within the platted Right-of-Way or CUE's as shown on the attached plat of Cedar Hammock (Plat Book 32, Pages 91 - 108), and within the proposed CUE being granted as part of the County acceptance of this project. Sincerely, BANKS ENGINEERING, INC. David R. Underhill, Jr., P.E. Florida Registered Engineer #47029 DRU/jmp S:,~,eception\WPDocs\12xx\1263\CountyXMulti-Family Tract F-5\Multi-Family Tract F-5 Tumover\1263_ROWCertMF F-5.wpd Lee County: ! 0501-104 Six Mile Cypress Parkway, Fort Myers, Florida 33912 · (941)939-5490 · Fax (941 )939-2523 Collier County: 2150-701 Goodlette Road, Naples, Florida 34102 · (941 )403-8866 · Fax (941 )403-8868 WARRANTY/GUARANTEE THE UNDERSIGNED, Mitchell & Stark Construction Company, Inc. does hereby warrant and/or guarantee the water and sewer and appurtenances installed at CEDAR HAMMOCK PHASE I, to be free from defects of materials and workmanship for a period of at least one year from the date of acceptance by the Owner and Engineer THE UNDERSIGNED further agrees that it will, at its own expense, repair and replace all materials or installations which violate the covenants herein contained. DATE: 11-4-99 Mitchell & Stark Construction Company, Inc. 1V~ichael/~/f;)eVit-° - State of Florida County of Collier DATE: November 18, 1999. Before me the undersigned notary public in and for the state and county aforesaid, personally appeared MICHAEL J. DEVITO, PROJECT MANAGER of MITCHELL & STARK CONSTRUCTION COMPANY, INC., a Florida Corporation, who acknowledged before me that they executed the foregoing document. Morris'-Sons NOTARY PUBLIC My commission expires: ......... M i Son ~,~- ~ ~anua~ 7, 2002 Professional Engineers, Planners & Land Surveyors December 30, 1999 Collier County Board of County Commissioners Collier County Government Complex 3301 East Tamiami Trail Naples, FL 34112 Reference: CEDAR HAMMOCK - PHASE I - EASTERN PORTION Ladies and Gentlemen: Based on the attached fire flow test we do hereby certify that the field fire flow capacity was examined and meets the design criteria for the previously submitted water system calculations for the above referenced project. Sincerely, R.A. Gop~alez, P.E." ~/r Florida Registered Engineer # 14629 RAG/imp Attachments: Fire Flow Test dated 12-20-99 S ~,Reception\Letters\ 12xx\ 1263\County\Phase l\Phascl-Tumover\ 1263_FireFIowCert Phasel.wpd Lee County: 10501-104 Six Mile Cypress Parkway, Fort Myers, Florida 33912 · (941)939-5490. Fax (941)939-2523 Collier County: 2150-701 Goodlette Road, Naples, Florida 34102 · (941)403-8866 · Fax (941)403-8868 Hydrant Flow Tm~l~ by Hydmm Numb Hydmm Number gr~W ttum or .qum to -~42~11' ~ Hydrant Nunll~r le~ th~n or equal ~o ~__~_~-_,~_ 11HYD #2 cFn.&.R H_~_"..MOCK _~LVD 12/20/1ggg 14 100 9O 6O Cot'v, Scott L/DRIVF_.I=~JENGINEER __ Subtotal Te~t~: I Max: 1300 39g~ 42~8 ~ Min: 1300 $g9~ 4~Z~ 4g~8 Avg: 1300 3gg~ 425B 4808 12/20/1999 14 HYD ~ CB_DAR HAMMOCK BLVD & CEDAR HA~MtX,;K ~__C R_'~_!d Pltot Pitot 2 100 90 45 Cory.~_.Scott L/DRIVER/ENGINEER GPM 1126 ~10 pli ~688 Min: Avg: 1126 112~ 1128 3481 34~1 3481 Total Flow Te~t~: 2 12/20/1999 12:40 Page 1 Customer Street Address Day i s B ! vd Location of Assembly we s t Type Of Assembly RP Ix] Manufacturer Febco . Test Guage Manufacturer Mi dwest Meter No. ~8728471 COLLIER COUNTY CROSS CONNECTION CONTROL Test And Maintenance Report Cedar Hammock Mailing Address. side of entranco. DC [ ] PVB [ ] FireLine [ ] Potable [~ Size 2" temp. Model 82qY SerialNo. RFln54 Gauge Serial No. 157586 Date Tested 5/29/59 CHECK VALVE #1 RELIEF VALVE CHECK VALVE #2 PRES. VACUUM BREAlrl~R [ ] leaked opened at:- 2.2 PSI [ ] leaked air inlet opened at PSI [x] dosed tight Ix] closed tight did not open [ ] gauge pressure did not open [ ] gauge pressure check valve: across check across check leaked [ ] 'valve 7.2 PSI valve 1.6 PSI held at PSI [ ] cleaned only [ ] cleaned only [ ] cleaned only [ ] cleaned only replaced: replaced: replaced: replaced: rubber kit [ ] rubber kit [ ] rubber kit [ ] rubber kit [ ] CV assembly [ ] RV assembly [ ] CV assembly [ ] CV assembly [' ] or or or disc, air in [ ] disc [ ] disc [ ] disc [ ] disc, CV [ ] o-rings [ ] diaphragm(s) [ ] o-rings [ ] spring, air [ ] seat [ ] seat [ ] seat [ ] spring, CV [ ] spring [ ] spring [ ] spring [ ] retainer [ ] stem/guide [] gui.de [] stem/guide [] guide [] retainer [ ] o-nngs [ ] retainer [ ] o-ring [ ] lock nuts [ ] other [ ] lock nuts [ ] other [ ] other [ ] other [ l gauge pressure relief valve gauge pressure air inlet__PSI across check opened at across check valve PSI __PSI valve PSI chk. valve__PSI Note: All repairs shall be completed within ten (10) days. Remarks Passed I hereby certify that this data is accurate and reflects the proper operation and maintenance of the assembly. Tester Kenneth R. Tannassee, Sr. Cert. No. H01053 Date 9/29/99 w;,,,~ 9:20 am Professional Engineers, Planners & Land Surveyors November 10, 1999 Collier County Board of County Commissioners Collier County Government Complex 3301 East Tamiami Trail Naples, FL 341 12 Reference: CEDAR HAMMOCK - MULTI-FAMILY TRACT F-5 Ladies and Gentlemen: We do hereby certify that the collection system was examined and that no infiltration into the collection system was noted for the above project. Sincerely, BANKS ENGINEERING, INC. David R. Underhill, Jr., P.E. Florida Registered Engineer #47029 DRU/jmp S:\Reception\WPDocs\12xx\1263\County\Multi-Family Tract F-5\Multi-Family Tract F-5 Turnover\1263_[nfiltrationCertMF F-5 wpd Lee County: 1050 i - 104 Six Mile Cypress Parkway, Fort Myers, Florida 33912 · (941)939-5490 · Fax (941 )939-2523 Collier County: 2150-701 Goodlette Road, Naples, Florida 34102 · (941 )403-8866 · Fax (941 )403-8868 94199?6645 PAINTS & COATINGS 469 P027~ HOU 17 '99 10:59 '"/'he Finest in Wasrewater Structure Rehabilirarion!'~ To ~norn .rt May Cone. m-n: FROM : GULF STt::ITES .~- PHONE NO. : 941 2E~ 7'32Et ,~-~ Nov.' :1,9 1999 11:1~1:~ P1 611LE STRTF. S, INI . .~m~ c~it-~l #EC345 November 19, 1999 Mr. Michael DeVito Mitchell & Stark Constru~on 6001 Shirley Street Naples, Fl, 34108 Via Facsimile 566-7865 CEDAR HAMMOCK LIFT STATION NO. 2 VOLTAGE DROP CONF/RMATION Dear M/chaet, Please usc this letter to confirm that the volta~¢ drop on the feeder to this lift station is less than 5%. Our calculations show the voltage drop on this feeder should not exceed (1/2%). Our calculations axe based on the motors b¢in8 3-Horsepower, 240 volt, I - pha.~ and the feeders being//3 copper, 75 feet long. Sincerely, Mm'ty Rogers Dec-28-9~ 01:19P r-, P.02 1iH ti37 co 1,fli d}33 ~ ACCEP~ABL~: ~ P~IEW HLq4~£RE:D COHH~:I~$ TN ONe: ~ NUMBEP~O COMMF,~i'S UNACC~-PTABL~: (R~AIR/~PLACF.), OTHER R~COM~ENDATIONS: COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT ENGINEERING REVIEW SECTION Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 January l2,2000 Mr. Tony Squitieri Banks Engineering, Inc 2150 Goodlette Rd., N. Suite 701 Naples, Florida 34102 RE: Cedar Hammock Tract F-5, Water & Sewer Dear Mr. Squitieri: A preliminary inspection of the referenced project was conducted by Randy Casey of the Engineering Review Section of the Planning Services Department on January. 12, 2000. Conditions were found to be acceptable, and appear to meet County standards. If you should have any questions, please do not hesitate to call Randy Casey at (941) 403-2418. Sincerely, D~N~ oble~s, Engineering Inspections Supervisor DN/taaJf:\Inspection form Cedar Hammock Tract F-5, water & sewer cc: Cindy Erb, Engineering Technician, Public Works Joe Cheatham, Wastewater Director, Utilities Paul Mattausch, Water Director, Utilities Evelyn Ferguson, D.O.R. Billing Supervisor Randy Casey, Engineering Inspector, Engineering Review Section ~Shirley Nix, Engineering Tech. II, Engineering Review Section File Phone (941) 403-2400 Fax (941) 643-6968 www. eo~sffilerJ~m Professional Engineers, Planners & Land Surveyors DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA (UTILITY EASEMENT) A UTILITY EASEMENT SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, LYING OVER AND ACROSS A PORTION OF TRACT "F-5" CEDAR HAMMOCK, A SUBDIVISION, AS RECORDED IN PLAT BOOK 32, AT PAGES 91 THROUGH 108, PUBLIC RECORDS OF COLLIER COUNTY, AND BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT "B-8", CEDAR HAMMOCK, A SUBDIVISION, AS RECORDED IN PLAT BOOK 32, AT PAGES 91 THROUGH 108, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S.28 °48'5 I"W. ALONG THE WESTERLY LINE OF SAID TRACT "B-8" FOR 45.85 FEET; THENCE N.59°21'04"W. FOR 21.39 FEET; THENCE N.30°38'56"E. FOR 45.16 FEET TO AN INTERSECTION WITH A CURVE TO THE LEFT HAVING A RADIUS OF 650.00 FEET AND TO WHICH POINT A RADIAL LINE BEARS S.29°36'09"W. SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF CEDAR HAMMOCK BOULEVARD (60' WIDE); THENCE SOUTHEASTERLY ALONG SAID CURVE AND SAID SOUTHERLY RIGHT- OF-WAY LINE THROUGH A CENTRAL ANGLE OF 1 °45'25" FOR A DISTANCE OF 19.93 FEET TO THE POINT OF BEGINNING PARCEL CONTAINS 939 SQUARE FEET, MORE OR LESS. BEARINGS ARE BASED ON THE WESTERLY LINE OF TRACT "B-8", AS BEARING S. 28° 48' 51" W. PARCEL SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS- OF-WAY OF RECORD. DESCRIPTION PREPARED OCTOBER 05, 1999 File: 1263\DESCRIPTIONS\1263 UTIL-DESC.WPD SHEET 1 OF 2 / /