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Halstatt EasementsMemorandum TO: Ellie Hoffman Senior Clerk Minutes & Records Management FROM: x~ Mott ~,,~&~gupervisor Real Property Management Department DATE: RE: July 30, 2002 North/South Sewer Interconnect Please find attached one (1) original recorded Temporary Construction Easement and one (1) original recorded Utility Easement for the above referenced project. The Board of County Commissioners of Collier County, Florida approved the acceptance on December 11, 2001, Item 16(C)(13). Please contact me if you have any questions or comments at x8780. Thank you. Attachments as stated CC: Property Appraiser's Office w/attachment Inventory File w/attachment PROJECT: PARCEL: FOLIO: North/South Sewer Interconnect Grey Oaks South of GGP 00267080009 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT is made and entered into this .¢.0T~ day of .~/~ by THE HALSTATT PARTNERSHIP, a Florida general partnership,~y its undersigned General Partners, who have been duly authorized by the Partnership to execute this Easement, whose mailing address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida 34105 (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, whose mailing address is 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.) WITNESSETH: 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, license and privilege 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 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 storing material and equipment during the construction and installation of public improvements adjacent thereto. This Easement shall expire upon official acceptance of the public improvements by the Board of County Commissioners of Collier County, Florida, or on June 30, 2004, whichever occurs first. In the event the construction of utilities facilities has not been completed by June 30, 2004, the Grantee may extend the term of this easement one full year until June 30, 2005 by recording a Notice of Time Extension. 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 GRANTOR has caused these presents to be executed the day and year first above written. WITNESSES: Witness (Signature) Name: PE~A (Print or Type) THE HALSTATT PARTNERSHIP, a Florida general partnership By: LLOYD G. HENDRY, HAROLD S. LYNTON, and JULIET SPROUL, as Trustees of the Edith Collier Sproul Trust Under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER. 2600 Golden Gate Parkway, Suite 200 Naples, Fl~da 34105 LL(~YD ~. HENDRY, as 'l~ustee OR: 3052 PG: 3186 STATE OF COU 'r¥ (affix notarial seal) The foregoing Utility Easement was acknowledged before me this ~ r~ day of "~f_A,/ , 2002, by LLOYD G. HENDRY, AS TRUSTEE, for Edith Collier Sproul Trust urider Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER, on behalf of The Halstatt Partnership, who is personally known to me~or who has produced as identification:'- ~ ~. ~,~~ (Sig~ature o.f Nptary Puli.c), (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: C~ My Commission Expires: WITNESSES: Name: Witness (Signature) Name: GAlL W. ANDERSON (Print or Type) HAROLD S. LYNTON, Es Trustee STATE OF ~-O//~[D/~- COUNTY OF CO/,./.-'E-'~.- (affix notarial seal) ,!,.,,...,, Susan 1,_ Maturo The foregoing Utility Easement was acknowledged before me this '~xr~'' day of /~/st~n ,2002, by HAROLD S. LYNTON, AS TRUSTEE, for Edith Collier Sproul Tru der Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER, on behalf of The Halstatt Partnership, who is personally known to me or who has produced as identificatio~ (Si,g.nature ,of ~otary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: ~¢--. My Commission Expires: OR: 3052 PG: 3187 WITNESSES: Witness (SigQa. t,,u r,?) (SAIL V'~. ANDERSON N/~me: Witness (Sig~t.~rel.~ A, AKERS Name: (Print or Type) ~JL'TET b. S~ROUI~, a~ Trustee STATE OF COUNTY OF ~..~LLIE~ The foregoing Utility Easement was acknowledged before me this ,~¢h.. day of ~ , 2002, by JULIET C. SPROUL, AS TRUSTEE, for Edith Collier Sproul Trust unSer Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER, on behalf of The Halstatt Partnership, who is personally known to_..me or who has produced as identification. (affix notarial seal) (Si_q~ature of Notary Public)_ (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: OC My Commission Expires: ~t~ ~ttor.e;/ Ellen T. Ch&d~el 1 I BAF, RON COLL~Efi CO ~ WITNESSES: Witness (Signature) GAlL W. ANDERSON N,~me.: Witness (Signature) Name: TRISH4 A. A,%2R8 (Print or Type) By: KATHERINE G. SPROUL, JULIET A. SPROUL, and JENNIFER S. SULLIVAN, as Trustees for JULIET C. SPROUL under The Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1, 2002, in Official Records Book 2992, Page 2016, of the Public Records of Collier County, Florida, PARTNER. 2600 Golden Gate Parkway, Suite 2.~..00 N?¢s, FL 34105j 0 ( 1 I~RERI[',IE G. S~-OU~,, ~.s Trust~ee STATE OF COUNTY OF _,~ The foregoing Utility Easement was acknowledged before me this'¢~¢- day of J'~¢_,,~ ,2002, by KATHERINE G. SPROUL, AS TRUSTEE, for Juliet C. Sproul under thC Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1, 2002 and filed March 5, 2002, in Official Records Book 2992, Page 2016, of the Public Records of Collier County, Florida, PARTNER, on behalf of The Halstatt Partnership, who is personally known as TS~entification. (affix notarial seal) WITNESSES: Witness (Si~ature) N~.me: AIL W. ANDERSON Witness (Signature) Name: -TRISHA A. AKERS (Print or Type) to me or who has produced (Sign..8.ature of. Notary P_ublic). (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: Ed My Commission Expires: · STATE OF COUNTY OF ~_ The foregoing Utility Easement was acknowledged before me this cc'r:"- day of ~l ;t.~.~/ ,2002, by JULIET A. SPROUL, AS TRUSTEE, for Juliet C. Sproul under the Wil~' of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1, 2002 and filed March 5, 2002, in Official Records Book 2992, Page 2016, of the Public Records of Collier County, Florida, PARTNER, on behalf of The Halstatt Partnership, who is personally known to me or who has prod?ced ..,__ as identification. (affix notarial seal) (SignAture of Notc. ry Pub!lc) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: ~ WITNESSES: Witness (Signature) N~,me: GAlL vv. ,~i~DERSON Witness (Sig~ltl~l.~ A. AKERS Name:. (Print or Type) li~i~ S. SULLIVAN, ~.s :r'rus~-ee STATE OF COUNTY OF ~u~/.The foregoing Utility Easement was acknowledged before me this'~.,~a~''' day of ,2002, by JENNIFER S. SULLIVAN, AS TRUSTEE, for Juliet C. Sproul under th(e Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1, 2002 and filed March 5, 2002, in Official Records Book 2992, Page 2016, of the Public Records of Collier County, Florida, PARTNER, on behalf of The Halstatt Partnership, who is personally known to me, or who has produced as identificaffofi. ~ (affix notarial seal) (Sig_.nature of N,otary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: C~ ~ 7/57 My Commission Expires: Approved as to form and lega/i~'~bfficiency: '-""Ellen T. Chadwell Assistant County Attorney OR: 3052 PG: 3190 I ,00'09 t o o O~r- o r~ Z N 00'45'03' E 170.03' I I ,00'0 t --] I 0 ~.O0'g t C,N r-- I- CA~H'JH COLLIER C(l I *** OR: 3052 PG: 3191 *** ~ ~ oo O0 To.b, Model H~.), 03. 200P - 9~54a. PLotted b~. Tor~lcw*ph)~ 0 0 PROJECT: North/South Sewer Interconnect PARCEL: Grey Oaks South of GGP FOLIO: 00267080009 UTILITY EASEMENT THIS EASEMENT, made and entered into this ~.~7~ day of ,2002, by THE HALSTATT PARTNERSHIP, a Florida general partnership, by its ~dndersigned General Partners, who have been duly authorized by the Partnership to execute this Easement, as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege for utility purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials including, but not limited to, sewer lines and pipes, service and pump stations, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. RESERVING, HOWEVER, UNTO GRANTOR, its successors and assigns, the right to install and maintain access, paving, utilities, irrigation, landscaping within the easement hereby granted, and to erect, construct and maintain such signage as is consistent with County regulations, Grantor shall be limited to planting non-invasive shrubbery and placement of signage to eliminate any potential problems with the utility facilities, IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: THE HALSTATT PARTNERSHIP, a Florida general partnership THZS CONVEYANCE ACCEPTED BY 1'HE BOARD OF COUNTY COlilHZ$$ZONEI~, COLLTER COUNTY, FLORZDA, PURSUANT '10 By: LLOYD G. HENDRY, HAROLD S. LYNTON, and JULIET SPROUL, as Trustees of the Edith Collier Sproul Trust Under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER. Witness,('~ignature) Name: ItARR¥ O. Witness (Signature) Name:,OE~ ~_ (Print or Type) 2600 Golden Gate Parkway, Suite 200 Naples, Florida 34105 LLOYD G. HENDRY, as Tru~Ct'~e / STATE OF ~-.- il {LID/~ COUNTY OF C-~Ll-lr--3° The foregoing Utility Easement was acknowledged before me this"~-2¢7w' day of rust~Lt~ , 2002, by LLOYD G. HENDRY, AS TRUSTEE, for Edith Collier Sproul T der Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER, on behalf of The Halstatt Partnership, who is personally known to me or who has produced as identification. (affix notarial seal) (Sign&ture of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: O6 My Commission Expires: WITNESSES: Witness (Signature) v Name: ~.~s.~. ~,,~,.,~.,'~,u1 Witness (Sig~AaltLU{g!ANDERSON Name: (Print or Type) STATE OF COUNTY OF HAROLD S. LYNTt~}~xl, as Trustee O (affix notarial seal) /{The foregoing Utility Easement was acknowledged before me this ~.¢-I'~ day of ~. ,2002, by HAROLD S. LYNTON, AS TRUSTEE, for Edith Collier Sproul Trust t~er Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER, on behalf of The Halstatt Partnership, who is ersonally k~me or who has produced as identificationY ~'~ (S~nature of Nqtary Public) _ (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: ¢¢-- My Commission Expires: ]¢J-/5- WITNESSES: Witness (Sig§j~ r~! ANDERSON Witness (Si~.~)A. AKER$ Name: (Print or Type) STATE OF ~LOZlD~ COUNTY OF ~LL~C~-, ~,~..The foregoing Utility Easement was acknowledged before me this ? day of , 2002, by JULIET C. SPROUL, AS TRUSTEE, for Edith Collier Sproul Trust u~der Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER, on behalf of The Halstatt Partnership, who is personally known to me or who has produced as identification. (Sign__.ature of Notary Public) (affix notarial seal) ~ Sf~i~'J/''-' fil (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: C(.. My Commission Expires: !0-1~-0~, COLLIER C0 [ WITNESSES: Witness (Signature) GAlL W. ANDERSON Witness Name: (Print or Type) By: KATHERINE G. SPROUL, JULIET A. SPROUL, and JENNIFER S. SULLIVAN, as Trustees for JULIET C. SPROUL under The Will of Barren Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1, 2002, in Official Records Book 2992, Page 2016, of the Public Records of Collier County, Florida, PARTNER. 2600 Golden Gate Parkway, Suite 200 I~THERINE G. ,~P~O0'-L! as Truj~tee STATE OF COUNTY OF The foregoing Utility Easement was acknowledged before me this '~d~''' day of nde~r h ,2002, by KATHERINE G. SPROUL, AS TRUSTEE, for Juliet C. Sproul u e Will of Barren Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1, 2002 and filed March 5, 2002, in Official Records Book 2992, Page 2016, of the Public Records of Collier County, Florida, PARTNER, on behalf of The Halstatt Partnership, who is personall~ known to me~ or who has produced as Td'~ntification. ~.]~¢~ ~.~ bi~ (Sign&t, ure of Notary Pu ~ S tHJ L . fha (affix notarial seal) WITNESSES: Witness (Signature) Name: GAlL W. ANDERRON Witness (Sig'~0~A. AKERS Name: (Print or Type) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: (~ C My Commission Expires: /0 LA.... as Trus ee J~ROU L, ~ STATE OF COUNTY OF (affix notarial seal) ,,,..,.~;2~.. Susan L. ]~atuzo .... ,,',,~z~ ~ntlc Boa~ ~ ~ _.., The foregoing Utility Easement was acknowledged before me this~¢ ~ day of )'7t.~ ,2002, by JULIET A. SPROUL, AS TRUSTEE, for Juliet C. Sproul under the Will 8f Barton Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1, 2002 and filed March 5, 2002, in Official Records Book 2992, Page 2016, of the Public Records of Collier County, Florida, PARTNER, on behalf of The Halstatt as identificatioh. (Siq~ature of Nota~ Public) (Print Name o~ Not~ P~lic) ~~~* NOTARY PUBLIC ~ Serial/Commission ~: ~ ~¢ My Commission Expires: /¢-/.¢~¢ WITNESSES: ~Vitness (Signature) N~me: GAlL W. ANDERSON "Pr' ~'~-~/~'~p~-'~, .- Witness (Signature) Name: TRISHA A. AK~RS (Print or Type) JI~INiF~ S. SULLIVAN, as Trustee STATE OF COUNTY OF · ~- f ,, The foregoing Utility Easement was acknowledged before me th~s ~ day o "/)'~ ,2002, by JENNIFER S. SULLIVAN, AS TRUSTEE, for Juliet C. Sp. roul under tl~e Will of Barron Collier, Jr., deceased, and as confirmed by Change of TrusTees dated January 1, 2002 and filed March 5, 2002, in Official Records Book 2992, Page 2016, of the Public Records of Collier County, Florida, PARTNER, on behalf of The Halstatt Partnership, who is personally known t~_o me. or who ,,has produced as-identification. (affix notarial seal) (Sigr~ure of ,N9tary.,Public,).. (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: ~ ~'7/~'~ My Commission Expires: Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney EXHbIT ',4OO ,,,-~ o ~ 000 -~ ~0 -'0 000 Z Z Z ooo I--- -r1 -fl -fl r~ ~_7: m --t E t,I 0 T ~1>~ "~oB 0 o C / ,~o ~ m m ::::1 o 0 0 0 ,O0'Og[ o 0 0 0 ~ r-" 0 ~ "'q 7 FO r- 0 0 ~,00'~ ,O0'Ot N 00'45'03"E 165.03' DO'~J EXHIBIT Tob, Hodel PIo~ 01, ~00;~ - 11,4Gan rlotted b~ Tor~lauser 0 0 z ~o '- z 0 Z Z (.n 0 C I o 0 LIVINGSTON ROAD R-O-W VARIES EAST LINE SECTION 25-49-25 BASIS OF BEARING N 00'25'08" E 1524.90' C EX Brr__ .. 4~Z © 0 I ,00'0~ ,00'0~ / / 3 .LI.,H~,LO S I DARRCH COLLIER CO I