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Release of Utility Easement INSTR 5424653 OR 5411 PG 645 RECORDED 6/30/2017 3:47 PM PAGES 5 DWIGHT E. BUNK FLORR�OF THE CIRCUIT COURT COLLIER CO REC$44.00 RELEASE OF UTILITY EASEMENT THIS RELEASE OF UTILITY EASEMENT is made this day of J t e e , 2017 by the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County is the holder of that certain Utility Easement by and between National Fairways, L.P., a Delaware limited partnership, authorized to do business in the State of Florida as National Fairways, Ltd., by Fairways General Partner, its general partner, and County and recorded on February 20, 1996 in Official Records Book 2150, Pages 1006-1008 of the Public Records of Collier County, Florida (hereinafter referred to as "Easement"), encumbering the premises legally described therein. WHEREAS, NASSIF GOLF VENTURES, L.L.C., a Florida limited liability company, d/b/a Hibiscus Golf Club (hereinafter referred to as "Owner"), whose mailing address is 5375 Hibiscus Drive, Naples, FL 34113-7719, is the present owner of said property as described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference. WHEREAS, pursuant to the Major User Agreement for Delivery and Reuse of Irrigation Quality (IQ) Water, dated August 24, 2015 and recorded in Official Records Book 5192 at Page 1987, Section 13, states Owner is responsible to operate and maintain all IQ facilities downstream of the Point of Delivery as described in Exhibit "B". NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County does hereby release the Utility Easement described in Official Records Book 2150, Pages 1006-1008 of the Public Records of Collier County, Florida. IN WITNESS WHEREOF County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman of said Board, the day and year aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT BY: Attest as to Chairman's ° Deputy Clerk PENNY TA OR, C =firman signature only.. Approved as to form and ality: 'NTS CONVEYANCE ACCIPM IV TOW `( SOAAD OF COUNTY COMMIS IONEDS, Jennifer A. elpedio,Assi - •. ty Attorney A� � COLLIE* COUNTY, ,,TO AGFFLORIDA,PYffr. �� 3 S S DATED: ,_.T,2Q.�7 - . . C 5�, y • 2024758 OR: 2150 PG: 1006 cum ours XH I B I ` '` 112/211/U at 11:11WI OEM I.of BMX, CLps , it Wm ISA ste m .11 COnIII 7.11 UTILITY IAS to NI lore/ IOMICI RI ROOD MUM THIS EASEMENT, granted this > day of Ke—el , 1995, by NATIONAL FAIRWAYS, L.P., a Delaware�mited partnersp, authorized to do business in the State of Florida as National Fairways, Ltd., by Fairways General Partner, its general partner, who is duly authorized 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, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby convoys, 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 on the following described lands being located in Collier County, Florida, to wit: 8 BIT 8 COu TO HAVE AND H"' the same unto e rantee and its assigns, together with the i• _ ;• se - 1 nd, excavate, and take materials for he pi •onst uc ing, operating, and maintaining util tyGr ntor and Grantee are used for s 1 • t squires. singula �terra. * these presents to IN WITNESS �� , sed be executed the •' and year fir itten Witnesses: FAIRWAYS, L.P. a r w re limited partnership c?!-- ._ � -• •rized to do business in the teesE C4% ate of Florida as National grkrr f M., 1/1 Fairways, Ltd., by Fairways Print Name of W tness General Partner, Inc., a 11 Delaware Corporation, its S$71 L1/4-4,./fl s;1 C,,(c general partner. v Addressof Witness 4(1 / . BY: t W t" s Ylcd„, esident of Fairways General Partner, OiA — - 1; Inc. t< Print Name of W tness k.1 A• •ress of nese STATE OF L iii COUNTY OF SIAL. ____x BEFORE ME, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appearedNATIONAL to AdL FAIRWAYS, L.P., a Delaware Limited Partnership, 1 This doeurrioni oar*Md W MM o.rMr prt IP i+g� � OR: 2150 PG: 1401 2- O,bus s in the State of Florida, by f �'� L ,hAj , as Vtu&President, and on behalf of FAIRWAYS GENERAL P , INC., a Delaware corporation, as its general partner, who is personally known to me and who executed the same as general partner of National Fairways, L.P. in the presence of two subscribing witnesses, freely and voluntarily and under authority duly vested in him, for the purposes therein stated. WITNESS my h;nd and oft,iicial seal in the County and State last aforesaid this 5 day of V k t1 , A.D., 1995. (SEAL) 5 Notary Fbc PriViterM efdafiff of Notary xv3RrA No rysCertif�ic to No.LAMEAFL 3� / My Commission Expires: `P.11'V►Q OFFICIAL NOTA5T um o z curCMOLVN L OOMO OOIere110M INIIINtII THIS INSTRUMENT PREPARED BY: ; CC8788/8 JOHN H. KRUECKEBERG 74. 4or��o rA NMS Krueckeberg & Licciar• Veil 4081 Tamiami Trail N- 0, =' e C- Naples, Florida 3 r}� (813) 261-3669 Florida Bar No. 7',O 'UR MsW3k177.015 .1111 T F C1V 2 ' OR: 2150 PG: 1008 ft* HIBISCUS GOLF COURSE 15 FOOT COLLIER COUNTY UTILITY EASEMENT(C.U.E. ) LEGAL DESCRIPTION Commence at the Northwest corner of Tract A, Lely Golf Estates Tract Map as recorded in Plat Book 8 Page 20 of the Public Records of Collier County, Florida and run 589°32 ' 32"E for 107 . 44 feet to the POINT OF BEGINNING of a 15 foot wide easement lying 7.5 feet on either side of the following described centerline; thence run S44032 '3241 for 53. 11 feet; thence run S00.27'284W for 265.63 511.22'40"E for 101.75 feet; thence run 500.56'44"Ef for� 142.40 feet;' thence run 507.40 '28"W for feet; thence run 810.08'25"W for 149. 01 feet; thence r • 808.36' 11"E for 59. 92 e�- for 238 . 17 feet; thence run thence run S33 °10 '2 t;r •r 60. 79• �� S08.04 ' 15"W for 68. 37 feet; 160. 55 feet; � - ,�-�f.thence run S25•43 '23»W for 160.45'41"Wfor t7e. 4 un S03.50 ' 31" 18 . 88 feet; thence run 30045 run S27.2 �4 ; •�W - , then . ru 5►4.20'50"W for 23. 78 feet; thencet . feet;runthe 4 6e . 16 =et; t ence run 542•01 ' 10"W for 567.36'00"W for 94 ..•/1.1- 125. 25 feet; thence run 867036 run 357.5 '5� f . t ( Si °51 '47" 4 for 48.44 feet; then 5 test • th _ ►_ t: fe -hce run S231'37 '550111 4 for 857059 ,00"W for 5 n , 1 . 92 feet; thence run feetrt to the - - in .. o ding. Prepared by: �i `` 0 f' / 0--- L '"T l E CSR W Liam C. McAnly, P.L.S. Florida Registered Land Surveyor Registration No. 1543 , ,.... Dater / - �► *** oR 5192 PG 2004 *** EXHIBIT Page._ L_of • • EXHIBIT D • Special Provisions The District will construct a new IQ Water assembly near the northwest corner of the • property near the intersection of Rattlesnake Hammock Road and Doral Circle in an easement to be granted by User to District,as shown in Exhibit B. The existing assembly may be left in place or removed by the District at the discretion of the User. District-owned equipment that measures the water level of the pond into which the IQ Water flows and telemetry p. equipment to transmit water level signals to a remote location shah remain at their current . location. • The District will also relocate a portion of • e r main between Rattlesnake Hammock Road and the canal to an alignment 7 y • User's western property line along • Doral Circle and then as dose ash-r •3 . . . •int where it rejoins the existing IQ Water line. User • , .rovide a tempor •. truction easement to accommodate this work. Th •;"7.n of this line to be aba •on • will be physically isolated from the active main by th- Di- . r ser • •.• , r- • ove a d di•• se of the abandoned portion of the main. In accordance with Sect .n Is _� .r .'` . •1 .=. are in place,User will own and be responsible • • . (-1 a• • iti s downstream of the POD,exduding the afore f'' /"- - e-•• ur- -- =•• '>! •nsmitting equipment. Page 18 of 18