General Warranty Deed (Utility Site) INSTR 5375179 OR 5369 PG 1712
RECORDED 3/7/2017 11:08AM PAGES 9
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
Record and Return to: COLLIER COUNTY FLORIDA
DOC@.70$0.70 REC$78.00 INDX$4.00
William C. Garner,Esq.
Nabors, Giblin&Nickerson,P.A.
1500 Mahan Drive, Suite 200
Tallahassee,FL 32308
(850)224-4070
GENERAL WARRANTY DEED
(Utility Site)
THIS GENERAL WARRANTY DEED effective as of the 1_ -t--day of MGcn G
2017, by ROBERTO BOLLT, as Successor Trustee pursuant to that Land Trust Agreement
dated January 27, 1986, as recorded in O.R. Book 1347, Page 2331, of the Public Records of
Collier County, Florida, as amended, whose mailing address is 4500 Executive Drive, Suite 110,
Naples, Florida 34119 ("Grantor"), and COLLIER COUNTY, a political subdivision of the
State of Florida, and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, as the EX-OFFICIO GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT ("Grantee"), whose mailing address is 3339 Tamiami
Trail East, Suite 301,Naples Florida 34112.
WITNESSETH:
That Grantor, for and in consideration of the sum of $10.00 and other valuable
considerations, receipt whereof is hereby acknowledged, by these presents does hereby grant,
bargain, sell, alien, remise, release, convey and confirm unto Grantee, and Grantee's heirs,
successors and assigns forever, all that certain land situated in Collier County, Florida as shown
and more particularly described on Exhibit "A" attached hereto and incorporated herein (the
"Property").
TOGETHER with all of Grantor's right, title and interest in all water and wastewater
supply, distribution, treatment, storage, collection, and transmission facilities of every kind and
description whatsoever thereon and thereunder used in connection with the "Orange Tree
System" described in the "Integration Agreement" (defined below), including but not limited to
pumps, plants, wells, tanks, distribution, supply collection and transmission mains and pipes,
effluent and disposal facilities, and all other physical facilities, including irrigation and
reclaimed water facilities if any exist, and property installations together with all additions
thereto (the "Utility Facilities").
TOGETHER with all the tenements, hereditaments and appurtenances thereto of
Grantor belonging or in any way appertaining to the Property.
TO HAVE AND TO HOLD, THE SAME IN FEE SIMPLE, SUBJECT TO THE
FOLLOWING RIGHTS IN FAVOR OF GRANTOR, ITS SUCCESSORS AND ASSIGNS.
THIS GENERAL WARRANTY DEED HAS BEEN EXECUTED IN CONNECTION
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WITH THAT CERTAIN INTEGRATION AGREEMENT DATED—At/Ai L./cc/1/4—J)
2017, BY AND BETWEEN GRANTEE, ORANGE TREE UTILITY CO. ( OTU"),
ORANGETREE ASSOCIATES AND GRANTOR (THE "INTEGRATION
AGREEMENT"). PURSUANT TO SECTION 7.01(A) OF THE INTEGRATION
AGREEMENT, AT SUCH TIME AS GRANTEE IN ITS SOLE DISCRETION
DISCONTINUES OPERATION OF THE WATER TREATMENT PLANT OR THE
WASTEWATER TREATMENT PLANT OR ANY PORTION THEREOF LOCATED ON
THE "TREATMENT PLANTS PROPERTY" DESCRIBED IN THE INTEGRATION
AGREEMENT (A PORTION OF WHICH IS DESCRIBED ON EXHIBIT "A" TO THIS
DEED), AND GRANTOR, ITS SUCCESSORS OR ASSIGNS, EFFECTS THE
GRANTING OF THE EASEMENTS REQUIRED PURSUANT TO SECTION 10.01 OF
COLLIER COUNTY ORDINANCE 2012-09, A COPY OF WHICH IS ATTACHED
HERETO AS EXHIBIT "B" AND MADE A PART HEREOF, GRANTEE SHALL
VACATE THAT PORTION OF THE TREATMENT PLANTS PROPERTY NO
LONGER REQUIRED BY GRANTEE,AS DETERMINED IN THE SOLE DISCRETION
OF GRANTEE, AND PROMPTLY UNDERTAKE AND COMPLETE THE ACTIONS
DESCRIBED IN SECTION 7.01(B) OF THE INTEGRATION AGREEMENT. UPON
COMPLETION OF THE ACTIONS DESCRIBED IN SECTION 7.01(B) OF THE
INTEGRATION AGREEMENT, GRANTEE SHALL NOTIFY GRANTOR THAT SUCH
ACTIONS ARE COMPLETE. THEREAFTER, AT THE REQUEST OF GRANTOR, ITS
SUCCESSORS OR ASSIGNS, GRANTEE SHALL CONVEY TO GRANTOR (OR ITS
DESIGNEE) THE VACATED PORTION OF THE TREATMENT PLANTS PROPERTY
BY STATUTORY COUNTY DEED (SECTION 125.411, FLORIDA STATUTES), WITH
TITLE IN THE SAME CONDITION AND SUBJECT ONLY TO TAXES FOR THE
YEAR OF CONVEYANCE AND THEREAFTER, EASEMENTS ON THE PROPERTY
RETAINED BY GRANTEE OR GRANTED BY GRANTOR PURSUANT TO SECTION
10.01 OF COLLIER COUNTY ORDINANCE 2019-09, IF ANY, AND EASEMENTS,
COVENANTS, RESTRICTIONS, RESERVATIONS, RIGHTS-OF-WAY, CONDITIONS,
AGREEMENTS, PLATS AND LIMITATIONS OF RECORD IN EXISTENCE ON THE
DATE OF THIS GENERAL WARRANTY DEED, AND RECORD SUCH DEED IN THE
PUBLIC RECORDS OF COLLIER COUNTY, AT NO COST TO GRANTOR AND
WITH ALL DOCUMENTARY STAMP TAX AND OTHER TAXES OR FEES
THEREON FULLY PAID. THIS PROVISION SHALL BE DEEMED APPURTENANT
TO AND A COVENANT RUNNING WITH TITLE TO THE PROPERTY AND BE
BINDING UPON GRANTEE,ITS SUCCESSORS AND ASSIGNS.
AND Grantor, for itself and its successors, hereby covenants with said Grantee and
Grantee's successors and assigns that Grantor is lawfully seized of the Property in fee simple;
that Grantor has good, right and lawful authority to sell and convey the Property; that Grantor
hereby fully warrants the title to the Property and will defend the same against the lawful claims
of all persons whomsoever, excepting building restrictions, zoning regulations, laws, ordinances,
resolutions, regulations and orders of any governmental authority having jurisdiction over the
Property, and taxes and assessments accruing subsequent to December 31, 2016, and matters
which would be reflected in a current survey of the Property, and excepting easements,
covenants, restrictions, reservations, rights-of-way, conditions, agreements, plats and limitations
of record, none of which, to Grantor's actual knowledge, impair or restrict, in any material
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manner, the current use of the Property or the current operation of the Utility Facilities as of the
date of this General Warranty Deed.
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IN WITNESS WHEREOF, Grantor has caused this General Warranty Deed in favor of
Grantee to be executed in its name, and its corporate seal to be hereunto affixed, by its proper
officers hereunto duly authorized, the day, month and year first above written.
WITNESSES:
/4„ "91/ /T._ A
Print ame: 51EPk-N t E rVW,GZK _ R,,• o Bollt, a ' Successor Trustee
pursuant to that Land Trust Agreement dated
January 27, 1986, as recorded in O.R. Book
1347, Page 2331, of the Public
Records of Collier County, Florida, as
4teucsfulnQC�n amended
Print Name: -J(.�, Xa e, t4- Grantor
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged and subscribed before me this 3O day of
VECeVoileit- , 2016, by Roberto Bollt, as Successor Trustee pursuant to that Land
Trust Agreement dated January 27, 1986, as recorded in O.R. Book 1347, Page 2331, of the
Public Records of Collier County, Florida, as amended, on behalf of the trust, who )c. is
personally known to me : . .: ,--
and who acknowledged to and before me that he executed the same freely and voluntarily for the
purposes therein expressed.
My Commission Expires:
��iw11 .. -p. - mow,
NOTARY PUBLIC
KIMBERLY PEARCE MORMON
.., •;e IN COMMISSION 1 FF 9936 S
:IVy�/y.%.�Yo�c EWES:Junty�My'1y��,�1919� s
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JOINDER
The undersigned, being all of the partners comprising the general partnership known as
Orangetree Associates, the sole beneficiary under that Land Trust Agreement dated January 27,
1986, recorded in O.R. Book 1347, Page 2331, of the Public Records of Collier County, Florida,
as amended, hereby join in and consent to the foregoing General Warranty Deed granted by
Roberto Bollt as Successor Trustee of the said Land Trust Agreement as Grantor, in favor of
Collier County, a political subdivision of the State of Florida, and the Board of County
Commissioners of Collier County, Florida, as the Ex-Officio Governing Board of the Collier
County Water-Sewer District as Grantee, and further certify to Grantee that the undersigned
constitute all of the partners of the sole beneficiary under said Land Trust Agreement and that no
parties other than the undersigned have any beneficial interest thereunder.
Dated as of: 1C, 3G , 201(0
ORANGETREE ASSOCIATES, a
Florida general partnership:
WITNESSES:
By: Springhill of Collier County, Inc.,
a Florida corporation, as General
Partner
vw '2 2 Jkvz By: APIPP:mhorrIs'
Print Name: STE�,A N1 t E N Jczv. _ Print N sig . 7- y B LLA--
LUL ?;624.3t._ Its: p4s,'d?c`t�l�
Print Name: (1AOL 1 C rj(,1--
By: Enterprises of Hollywood, Inc.,
a Florida corporation, as General
Partner
/11/1"
By: ordi,
Print Name: is ,vw C Pr' ame: 4gEl1xt, BawC"
Its: DEr1►
41,ebk--61,6
Print Name: L ` ikl 0 f. I t-
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STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged and subscribed before me this 30 day of
LA. C.614(( n- , 201lc, by 1r evt-ry , as P►or x '
of Springhill of Collier County, Inc., a Florida corporation, on behalf of the corporation, as
general partner of Orangetree Associates, a Florida general partnership, on behalf of the
partnership, who x is personally known to me or produced
ac ;dent;fcation and who acknowledged to and before me
that he executed the same freely and voluntarily for the purposes therein expressed and under
authority duly granted to him by said corporation.
My Commission Expires:
IOMBERLY PEARCE THootoON ��kty, U_
*i = MYCOMMISSION/FP 903613
; June*20111 NOTA Y PUBLIC
• Bonded Thee Beery Punk UndemrlMw
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged and subscribed before me this 3D day of
i C_ovviq--N- , 201 , by ga) , as tog.Est l-ti
of Enterprises of Hollywood, Inc., a Florida corporation, on behalf of the corporation, as general
partner of Orangetree Associates, a Florida general partnership, on behalf of the partnership, who
is personally known to me or-----posed as
identification and who acknowledged to and before me that he executed the same freely and
voluntarily for the purposes therein expressed and under authority duly granted to him by said
corporation.
My Commission Expires:
"• KIMBERLY EXPIfi6PEARCETHORNTON W"''►'°
; te8:JuINt NOTARY PUBLIC
2!•2019
t a p Bonded TIwNoYryPublic NndsI bf
AINEINIMMINNik
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EXHIBIT "A"
THE PROPERTY
PARCEL 1:
WATER AND WASTEWATER TREATMENT PLANTS SITE
ALL THAT PART OF SECTION 14, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 14; THENCE
ALONG THE SOUTH LINE OF SAID SECTION 14, ALSO BEING THE CENTERLINE OF
OIL WELL ROAD (STATE ROAD S-858), NORTH 89 DEGREES 53 MINUTES 08
SECONDS WEST 1693.54 FEET; THENCE LEAVING SAID LINE NORTH 00 DEGREES 06
MINUTES 52 SECONDS EAST 50.00 FEET TO A POINT ON THE NORTH RIGHT-OF-
WAY LINE OF OIL WELL ROAD (STATE ROAD S-858) AND THE POINT OF
BEGINNING OF THE UTILITY SITE HEREIN DESCRIBED: THENCE LEAVING SAID
LINE NORTH 00 DEGREES 06 MINUTES 52 SECONDS EAST 1362.28 FEET; THENCE
SOUTH 89 DEGREES 53 MINUTES 08 SECONDS EAST 416.75 FEET; THENCE SOUTH
01 DEGREES 49 MINUTES 15 SECONDS WEST 562.53 FEET; THENCE SOUTH 89
DEGREES 53 MINUTES 08 SECONDS EAST 850.00 FEET; THENCE SOUTH 00 DEGREES
06 MINUTES 52 SECONDS WEST 800.00 FEET TO A POINT ON THE NORTH RIGHT-OF-
WAY LINE OF SAID OIL WELL ROAD; THENCE ALONG SAID LINE NORTH 89
DEGREES 53 MINUTES 08 SECONDS WEST 1250.00 FEET TO THE POINT OF
BEGINNING.
BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 14, AS BEING NORTH
89°53'08" WEST(ASSUMED).
LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY
(O.R. 4330, PG. 2712):
A PARCEL OF LAND LYING IN SECTION 14, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 14; THENCE SOUTH
87 DEGREES 48 MINUTES 27 SECONDS WEST ALONG THE SOUTH LINE OF THE
SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 14, SAID SOUTH LINE ALSO
BEING THE EXISTING CENTER LINE OF OIL WELL ROAD (C.R. 858), FOR 443.54
FEET; THENCE LEAVING SAID SOUTH LINE NORTH 02 DEGREES 11 MINUTES 33
SECONDS WEST FOR 50.00 FEET TO AN INTERSECTION WITH THE EXISTING
NORTH RIGHT-OF-WAY LINE OF SAID OIL WELL ROAD AND TO THE SOUTHEAST
CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2229, PAGE 1049, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 87
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DEGREES 48 MINUTES 27 SECONDS WEST ALONG SAID NORTH RIGHT-OF-WAY
LINE FOR 756.02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG
SAID NORTH RIGHT-OF-WAY LINE SOUTH 87 DEGREES 48 MINUTES 27 SECONDS
WEST FOR 493.99 FEET TO THE SOUTHWEST CORNER OF SAID LANDS; THENCE
LEAVING SAID NORTH RIGHT-OF-WAY LINE AND ALONG THE WEST LINE OF SAID
LANDS NORTH 02 DEGREES 11 MINUTES 33 SECONDS WEST FOR 42.86 FEET;
THENCE LEAVING SAID WEST LINE SOUTH 46 DEGREES 19 MINUTES 59 SECONDS
EAST FOR 42.15 FEET; THENCE NORTH 87 DEGREES 48 MINUTES 27 SECONDS EAST
FOR 415.19 FEET; THENCE SOUTH 77 DEGREES 53 MINUTES 08 SECONDS EAST FOR
51.03 FEET TO THE POINT OF BEGINNING.
BEARINGS ARE BASED ON STATE PLANE COORDINATES FLORIDA ZONE EAST,
1983 DATUM, (1990 ADJUSTMENT) AND THE SOUTH LINE OF SECTION 14 AS
BEARING S.87°48'27"W.
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EXHIBIT "B"
SECTION 10.01 OF ORDINANCE
10.01 PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated MU/U on the PUD
Master , /U tracts ar intended to .how • combint 'In o multi- mil r • ial
commercialand public use development, The subject parcel isat the time of this Pup Amendment
being utilized to house facilities for Orange Tree Utility Company and related services. It is anticipated
that this site will continue to be utilized for that purpose for an indefinite period of time.The MU/U uses
will only commence at such time as the Utility functions performed by a public or private utility provider
have ceased and been relocated(except in the case that certain utility office type usespermitted under
the MU/U designationmay remain within or be relocated to the MU/U tract)and all utility and access
easements are conveyed by Owner, Roberto Bo It. successor trustee of the land trust dated January 27,
1986 and Oran,e Tr it o. e .1 ir s cessors and u a Ii nt a a the Collier
County Water Sewer District at no cost to Collier County or the Collier County Water Sewer District for
the on-site and off-site utility operations of Collier County or the Collier County Water Sewer District
and recorded in the official records of Collier County, The easements shall provide for the
construction, operation and maintenance of water and wastewater facilities (including but not
limited to water, wastewater, and irrigation quality water lines and pipeswellspumps and
pipelineslift stations, pumping and booster stations. power and telemetry linestelemetry
towers> storage facilities,. and any and all other equipment, improvements and infrastrucjurc
appurtenant thereto or thereunder)to be installed from time to time,with the right to reconstruct,
improve, add to, enlarge, change the capacity, as well as size of. and remove such facilities
within the described easement and to access the facilities.
The above referenced easements to be granted to the Collier County Water-Sewer District shall
be for the operation of the Oramp Tree Utility water and wastewater systems to service the
existing Orange Tree Utility Water and Wastewater Service Areas."
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