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Backup Documents 02/23/2010 Item #16B1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ... 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pin!.: paper. Attach to original dOCUll1l':IlL Onginal documents ~hnllld be h,md delivered 10 the l~oard (>l1kc 'rhe cnmplelcd rouling slip and origlllal dtlCllment~ arc to be fon\'ardcd to the Board Onicc only after the Hoard has takl:n action on till' i\erni ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates. and/or infonnation needed. If the document is already complete with the exception of the Chainnan's silmature. draw a line throuRl1 routinlllines #1 through #4, comnlete the checklist, and forward to Ian Mitchell fline #5), Route to Addressee(s) Office Initials Date (List in routin. order) 1. 2, 3, 4, o '> '-'4":'\:. , fU{l.- , L) ~" '2i\c Ii 4;~V r('~" ;' '~ '.... i-\:'~;'Y , "., ~.I.ID 5, Ian Mitchell, BCC Supervisor Board of County Commissioners ~ 3/1/'0 ,. 6, Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original docwnents needing the Bee Chairman's. signature are to be delivered to the BCC office only after the BeC has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number 1(' f \ \ Yes (Init'al) N/A (Not A licable) kL V. >J1 Ii 2/ ~~ .~~ / . </.... J, '-l-'I~" Ie .t.. ,. ,(>t,., Co. Agenda Item Number v I: Forms! County Forms! acc Forms! Original Documents Routing Slip WWS Origina19.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.31.09 "j.:::t:_ ""....( '\.- L T' ~"'-~. lY/ Number of Original l'_jH ~L, i :Oocuments Attached 1. d-o\tJ- 3'1 INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a 0 riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages ITom ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages ITom contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Omce and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC omce within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified, Be aw re of our deadlines! The document was approved by the BCC on ;2. :2 -::; (enter date) and all changes made during the meeting have been incorporated in the attached document, The Couot Attoroe 's Office has reviewed the chao es, if a Hcable. 2. 3. 4, 5. 6. 1681 MEMORANDUM Date: March 3, 2010 To: Kevin Hendricks, Right -of- W ay Manager Transportation Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2010-39 Attached please find a copy of the document as referenced above, Agenda Item #16Bl, as approved by the Board of County Commissioners on Tuesday, February 23, 2010. The Minutes and Records Department to retained the original Resolution for the Boards Official Record. If you should have any questions, please call me at 252-8411. Thank you, Enclosure 168 1 RESOLUTION NO. 2010-39 A RESOLUTION OF THE BOARD 01' COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF ALL REAL PROPERTY CONVEYANCES MADE EITHER TO COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, OR TO THE COLLIER COUNTY WATER-SEWER DISTRICT, WHICH ARE HEREAFTER MADE IN COMPLIANCE WITH THE DEVELOPMENT COMMITMENT REQUIREMENTS OF ANY AND ALL ORDINANCES, OR IN FULFILLMENT OF OBLIGATIONS PURSUANT TO AGREEMENTS, DEVELOPMENT ORDERS, SITE DEVELOPMENT PLAN REQUIREMENTS OR STIPULA TIONS, OR AS MA Y BE REQUIRED FOR THE CONSTRUCTION OF ANY CAPITAL IMPROVEMENT PROJECT. WHEREAS, the Board of County Commissioners is the governing body of Collier County, a political subdivision of the State of Florida (hereinafter referred to as "County"), and WHEREAS, the Board of County Commissioners is also ex-officio the Governing Board of the Collier County Water-Sewer District (hereinafter referred to as "District"); and WHEREAS, various interests in real property must often be conveyed to the County and to the District for public use in order to: (1) fulfill certain development commitments stipulated by Collier County ordinances, development orders, conditional use approvals, or site development plan approvals; or (2) fulfill obligations which may now or in the future be contained in agreements between either the County or the District and any property owner; or (3) which are conveyed to the County or to the District, at the request of the County Manager or his designee, for the construction of capital improvement projects; and WHEREAS, the express and formal acceptance by the County and/or the District of such real property conveyances is important so that infrastructure maintenance responsibilities are established, and the public's right to utilize certain real property becomes documented through such acceptance; and 168 1 WHEREAS, the growth of Collier County necessitates an increasing number of such conveyances year after year, which would othcrwise require the preparation of an increasing number of executive summaries for the purpose of placing each separate conveyance before the Board of County Commissioners for its express and formal acceptance. NOW, THEREFORE, BE IT RESOLVED that all interests in real property which may be conveyed to the County or to the District, and which are conveyed: (I) as a development commitment requirement pursuant to any County ordinance or development order or, as a stipulation or condition of Conditional Use approval or Site Development Plan approval, or (2) in fulfillment of any obligation which may now or in the future be contained in any agreement between the County or the District and any property owner; or (3) which real propertY conveyances to the County or to the District which have been requested by the County Manager or his designee, and are required for the construction of any Board-approved capital improvement project, are hereby accepted. AND IT IS FURTHER RESOLVED that in order to document the acceptance of any such conveyance of an interest in real property to Collier County, a stamp or seal attesting to acceptance on behalf of Collier County, with reference made to this resolution, shall be affixed to such conveyance instrument prior to its recording in the Public Records of Collier County, Florida. AND IT IS FURTHER RESOLVED that the Board hereby approves and authorizes its Chairman to execute on behalf of the Board agreements between real property Grantors and the County or the District for which no compensation is being paid, and in substantially the same form as that Sample Real Property Conveyance Agreement attached hereto and made a part hereofas Exhibit "A." Page 2 168 1 AND IT IS FURTHER RESOLVED that the Board hereby approves and authorizes its Chairman to execute on behalf of the Board agreements between Utility Providers and the County or the District in substantially the same form as that Sample Subordination of Utility Interests and Agreement for Reimbursement for Additional Facilities Relocation attached hereto and made a part hereof as Exhibit "B." AND IT IS FURTHER RESOLVED that the County Manager or his designee is authorized to follow proper real estate closing procedures and record all such conveyance and/or curative instruments in the Public Records of Collier County, Florida. AND IT IS FURTHER RESOL VED that Resolution No, 2004-209 is hereby superseded and replaced in its entirety. THIS RESOLUTION ADOPTED on this Z:3 day of r:- t:13PtJfW' (20 I 0 after motion, second and majority vote. l'\.TIJ;i$T: .!',~. /DWIGlf:f. E. BROCK, CLERK i"~~~uk ", ..~."~ : , Deputy Clerk .. .', ..... to CtlI.".. . j ".nfJ1!'"'A I''''' I . ;J\ppf<'iv~d as to form and legal sufficiency: ~:'"~ Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF C~ER SOlJNTY, FLORI A Bv' .fu-JL. W " FRED W. COYLE, Chairman Item # Jb6/ Page 3 Agenda ? J Z3 \ 1<0 Date ~ Date _;l, l.:d "0 ~~~ Deputy Clerk EXHIBIT ~ Page -L-of 3 168 J SAMPLE REAL PROPERTY CONVEYANCE AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 20_, by and between , whose mailing address is (hereinafter referred to as "Grantor"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Grantor convey to the County an Easement over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement"). which is attached hereto and made a part of this Agreement; and WHEREAS, Grantor recognizes the benefit to Grantor and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County. NOW, THEREFORE. in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Grantor shall convey the Easement to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Grantor's delivery to County of a properly executed easement instrument) is hereinafter referred to as the "Closing." 3. Prior to Closing, Grantor shall obtain from the holders of any liens. exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. At or prior to Closing, Grantor shall provide County with a copy of any existing prior title insurance policies. Grantor shall provide such instruments, properly executed, to County on or before the date of Closing. 4. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to EXHIBIT A Page 2.. of .3 168 1 extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Easement. 5. County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage. lien or other encumbrance recorded against the property underlying the Easement. 6. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors. personal representatives, successors, successor trustees. and/or assignees. whenever the context so requires or admits. 7. Conveyance of the Easement by Grantor is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises. warranties, or covenants not contained herein. 8. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY DATED: ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk , Chairman Last Revised: 11/30/09 AS TO GRANTOR DATED: Witness (Signature) Name (Print or Type) Witness (Signature) Name (Print or Type) Approved as to form and legal sufficiency: Assistant County Attorney Last Revised: 11/30109 EXHIBIT A Page 3~-'3 168 1 EXHIBIT B Page I of.3 168 1 SAMPLE SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT, entered into this _ day of ,2010, by and between COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"), and [NAME OF UTILITY PROVIDER] (hereinafter referred to as "Utility"). WIT N ESE T H: WHEREAS, the Utility presently has an interest in certain lands that have been detennined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the County; and WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of~way to prevent conflict between the County's use and the Utility's use, and for the benefit of each, and WHEREAS the County, in recognition of the Utility's interest in the certain lands, is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit "A", attached hereto and made a part hereof, NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and the County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto and made a part hereot; to the interest of the County, or its successors, for the purpose of constructing, improving. maintaining and operating a road over, through, upon, and/or across such lands, based on the following: NATURE OF DATE FROM OR AGAINST IN FAVOR OF RECORDED ENCUMBRANCE BOOK. PAGE The County and the Utility further agree that: I. "Public right-of-way". as used herein, shall mean that area which is described in Exhibit "A" and which includes the Utility's easements identified above and additional lands for public right-of-way, as described in Exhibit "A", attached hereto and made a part hereof. 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the public right-ot~way described in Exhibit "A", in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right-of-way will be subject to prior approval by the County. EXHIBIT B Page Z. of 3 168 1 3. The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located presently or to be located on the public right-of-way described in Exhibit "A", if such relocation or adjustment is caused by present or future uses of the right-of-way by the County or its assigns, including, but not limited to, the cost of acquiring replacement easements. 4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined in Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities. The County shall provide and insure access to said lands by the Utility. 5. The Utility agrees to repair any damage to County facilities and to indemnity the County against any loss or damage resulting from thc Utility exercising its rights to construct, operate, maintain, improve, add to, upgrade or remove its facilities on the said public right-ot~way. 6. This Agreement shall not be assib'l1ed by the County except to the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Subordination of Utility Interests and Agreement for Reimbursement for Additional Facility Relocations on the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAIRMAN , Deputy Clerk Signed, sealed and delivered in the presence of: Print Name: By: Title: Print Name: By: By: Print Name: (Corporate Seal) 2 Utility Subordination Agreement EXHIBIT B Page .3 of ..3 168 1 STATE OF COUNTY OF I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared , to me known and personally known to me to be the person described in, and did not take an oath and who executed the foregoing instrument as the of and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation. WITNESS my hand and oflicial seal in the County and State aforesaid this _ day of ,2010. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial/Commission # (if any): My Commission Expires: Approved as to form and legal sufficiency: Assistant County Attorney 3 Utility Subordination Agreement ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 B 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to origlllal document. Original doculllcnls sh(luld bo.: hand ddivered to tht: Board Ollie.: The completed routing slip and original di)(;ulnCnts are 10 be Forwarded to the !JoanJ Office only after the Board has taken iKtlOIl on the i1em.} ROUTING SLIP Complete routing lines 11 I through #4 as appropriate for additional signatures, dates. and/or inli:mnation needed If the document is already complete with the exception of the Chairman's signature, draw a JlIle throuoh routing lines #\ through #4, comnlete the checklist, and forward to lanl'vlitchell (line #5) Route to Addressee(s) Office Initials Date (List in roulin!! order) l. - ===- -- - 2. ----- -- ------.--. 3. .- 4. Robert Zachary, Ass!. Cty. Atty. County Attorney ~ ~.I"'(O 5. Ian Mitchell, BCC Supervisor Board of County Commissioners A ;((~IIO 6. Minutes and Records' Clerk of Court's Otlice 'Please scan under RoyaIwood/Whitaker (LASH') Project No. 51101 in the BMR Real Property Folder. PRIMARY CONTACT INFORMA nON (Thl.: primary (;onl,(;1 is the holder uf the original docllment pendillg Bee appnl\'aL Normally the primary contact IS the persoll who created/prepared the ext;culive summary. Primary contact inll)rmation is needed in the event one {)frtlC addn::ssccs above, incl\uing Sue Filson, need to cmlad statlfo[ additional or missing information ^Il original documents needing the Bee Chairman"s signature arc to be dclivcn;d \0 the Bee onlec only after the Bee has acted 10 approve tht Item.) Name of Primary Staff Robert Bosch, ROW Coordinator, TECM Phone Number 252-5843 Contact Agenda Date Item was February 23, 20 I 0 Agenda Item Number 16B I (Resolution No. Approved by the Bee 2010-39) Type of Document Subordination of Utility Interests Number of Original One Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BeC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainnan 's signature line date has been entered as the date of Bec approval of the document or the tinal ne lotiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's siunature and initials are required. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BeC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain lime frame or the BCC's actions arc nullified. Be aware of our deadlines! The document was approved hy the Bee on 02/23/2010 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A(Not A lieable) 2. 3. 4. 5. 6. ~ N/A N/A :t) I: Forms/ COWlty Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised L26.05, Revised 224.05, Revised 7.3109 ITEMNO~, \..... ',tn\ FILE NO.. ~ ~ I'~'-'v\ ROUTED TO: QA IE ,R,EC~\V,~ :j~..L\'-)l. ,,~I 8 \.JI \ " .~. 0 'C"\I.J\'.!T\/ ,,1 : \),~\. 1..1\ I', 168 1 o.t k 83 REQUEST FOR LEq~L'SERvICES 4:00 FILE DATE: March 9,2010 f<ob~'r 1-- Dw o}l j TO: Otlice of the County Attorney FROM: Robert Bosch, Right-oj~Way Coordinator, TECM '.13-/' -;.:/ <~ -----~" --- ,- ...~-~~/ RE: Parcel 150DAME: Royalwood/Whitaker Rd. (LASIP Project No. 51101) BACKGROUND OF REQUEST: Com cast has now executed the attached Subordination of Utility Interests, which now requires signature by the Chairman of the BCC and recording in the Public Records. I have also attached a Secretary's Certificate confirming the signatory's authority to execute the subordination. ......---.--.-----. c.----- .., This it HAS been previously submitted under RP # 1O-ECM-0125 . ACTI REQUESTED: Kindly approve the attached Subordination of Utility Interests, fill in an appropriate date in the first line and also the signature line of the document, sign off where required on the routing slip and forward the document to Ian Milchell for execution by the BCC Chairman. Thank you. c... c-. /2..f"J?-- ').IO.tO co11ier County - Transportation Services Division 168 '1 ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT INTEROFFICE MEMORANDUM TO: Board Minutes and Records DATE: March 9, 2010 FROM: Robert Bosch, ROW Coordinator - TECM (Tel. 252-5843) -:_-{/ ->.~ SUBJECT: Subordination of Utility Interests: Parcel I50DAME Royalwood/Whitaker Rd. (LASH' Project No. 51 101) Please arrange for the Chairman of the BCC to execute the attached Subordination of Utility Interests. Please also request the Clerk of Courts to record this document in the Public Records of Collier County. Projcct No: Fund I Cost Center: Object Code: 51101 325- 172940 649030 Thank you. 1619 1 .. .l!I Boni,a Headend Office 26102 Born'. Grande Bornla Springs, FI 34135 Fax 239-498-5456 Office 239-415-4741 @orncast@ Fax To: Ro 13~Y<.-r 130 s( If -.-----------. Fax:.___~5 ~~& :5 L?_____ ___D~te~5- / Gj 0'3_________ Pages: 3 From: ;v1 41<: k CDO L-c Phone: Re: o Urgent It! For Review 0 Ple>.ase Comment 0 Please Reply .~ ''(i.' Comments: Q f~tt<~'<; r--,o fSe:l'.! r, .r f '-I <l oJ "J et? 1) A " '1 COM. tA S1" ~\.^) 'f 0 I /~L<'.( Lc",..i"1l!: )(',,)0....) .\-1/',,,.:., '-" ,~ , .. .~ 1 'd EBLO-LvB-lvB ~,eda~ ~Jom~a~ ~seowo3 e~O:BO 80 90 ReW 16B I , SECRETARY'S CERTIFICATE T, Arthur R Block, Secretary of Com cast of Arkansas/FloridalLouisianal MinnesotalMississippi/Tennessee, Inc. a Delaware (;QlJlOration (the "Company"), do hereby certify as follows, Bazbaza A. Hagen is a duly ejected and appointed office! of the Company, holding the title of Market Vice President; and Barbara A Hagen is authorized to execute, on behalf of the Company, franchise doouments and any other documents l1~lating to franchise malters within the Company's fnmchise area IN WITNESS WHEREOF. the undelsigned has exeouted this Certificate as of this 5" day oiMay, 2008. (h Ur/ Arthur R Block, Secretazy 2'd E:61.0- [,1>6- 11>6 ~~eda~ ~Jom~a~ +s~owoJ ~20:60 80 SO ~~w 168 1 SECRETARY'S CERTIFICATE I, Arthur R. Block, Secretary of Corneast of the South, Inc , a Colorado corporalion (the "Company"), do hereby certify as follows: Barbara A Hagen is a duly elected and appointed officer of the Company, holding the title of Market Vice President; and Barbara A. Hagen is authorized to execute. on behalf of the Company, franchise documents and any other documents relating to franchise matters within the Company's franchise area IN WITNESS WHEREOF, the undersigned has executed this Certificate as of this 5" day of May, 2008. 0.1 tv// ----~-~ Arthur R. Block, Secretary E"d ESl.O-LvS-lvS ~J~da~ ~~om~a~ ~se~WD3 ~ZO:SO BO 90 ~~w 168 1 PROJECT: RoyalwoodlWhitaker Rd. (LASIP Project No 51101) PARCEL: 150DAME INSTR 4404801 OR 4545 PG 1688 RECORDED 3/12/20101024 AM PAGES 3 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27 00 SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this z."? day of r't:.--b. ,2010, by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"), and COMCAST OF THE SOUTH, INC., a Colorado corporation whose mailing address is 301 Tower Road, Naples, Florida 34113-8074 (hereinafter referred to as "Utility"). WITNESSETH: WHEREAS, the Utility has an interest in that certain tract or parcel of land lying and being in Collier County, Florida, more particularly described and set forth in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, the County has determined that this Property is suitable and appropriate for drainage, access and maintenance purposes; and WHEREAS, the County's proposed use of the Property for drainage, access and maintenance purposes requires the subordination of the interest in the Property by the Utility to the County; and WHEREAS, the Utility is desirous of consenting to the subordination and the relocation of its facilities within the Property, if necessary; and WHEREAS the County is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits or each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Utility and County hereby agree as follows: 1. The Utility hereby subordinates any and all of its interest in the Property (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors and assigns, for the purpose of constructing, installing, maintaining, operating and accessing drainage facilities over, under, through, upon, and/or across said Property, including, but not limited to the claim of interest based upon a Grant of Easement dated October 1, 2007 from Wood mere Lake Club Association, Inc. in favor of Utility, and recorded on May 28, 2008 in Official Records Book 4364, Page 1788, et seq. of the Public Records of Collier County, Florida. 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and/or relocate its facilities within and upon the Property in accordance with the County's minimum standards ror such faciiities. Any construction or relocation of facilities within the Property will be subject to prior approval by the County. If the County requires the Utility to alter, adjust, or relocate its facilities from Or within the Property, the County hereby agrees to pay the reasonable cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 3. The Utility shall have a reasonable right to enter upon the Property for the purposes outlined in paragraph 2 above, including the right to trim such trees, brush, and growth which may endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. COMCAST SUBORDINATION OF UTILITIES 168 1 4. The Utility shall repair any damage to the County's facilities resulting from the exercise of its rights as outlined in paragraphs 2 and 3 above. 5. These terms and conditions shall be attached as an addendum to that permit, if any, required by the County for location of the Utility's facilities within the Property. 6. This Agreement shall be assignable only to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. " "'. A TTi;:ST: . DWIGHT E. BROqK:.Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:Mw. ~ Fred W. Coyle, Chairman .... .t.... lilt,."'." Signed, sealed and delivered in our presence as witnesses: ~p~(~~~ COMCAST OF THE SOUTH, INC., a Colorado corporation By: ~~~~ ~\, (Signature) ~ Name: /)als'I/~II"" (Print or Type) J11J{ (lL WITNESS (Signature) Name: fI1.A~k C.oo/<... (Print or Type) (Print Name) (Title) BARBARA HAGEN MARKET VICE PRESIDENTI GENERAL MANAGER STATE OF r~rid.a ALe.- COUNTY OF The fo of as Colorado ~ s acknowledged before me this.::5 day (Name), (Title), COMCAST OF THE SOUTH, INC., a known to me or who has produced "tAJ. ~\ '"~N~~S~~ CQR.'NI'I~-;;;;'" ~ : ,', MY COMMISSION # 0087ll84O -".....~ EXP;::ilJ:S <l.".-.ln~ <;,nf, i . ",. .. I . .... '."" ..,._-.J ~,..,<"..,(k:._)~ gnature of Notary Publi Wa-Vl.l ('.1)t'iV'IILl, ~V- Print Name of Notary Public, (affix notarial seal) NOTARY PUBLIC Approved as to form ~O" ./f~ '" Assistant County Attorney Serial/Commission # (if any) My Commission Expires: ~ II / :2j) <3 _"_H'__"'_T'_.'>"_"~___"" --~'Ui.l:-""-~'~.~~ANCEs'CA CORINNE MEYER r&J~' l~ " f'{ A MY COMMISSION # 00876840 ..... . EXPIRES April 01, 2013 (40;i 3ge~15:J FlorideNotelfy$ervKOe,wm COMCAST SUBORDINATION OF UTILITIES 2 1-&-8 ~ SKETCH AND LEGAL DESCRIPTION 1-'1'; ~1<' ,-, 'I;\IIY EXHIBIT It Page 1 of-1._. w( \OI)Iv1E r~i~ (' ):.; :\f-<f,'S CL ,JH iJ \) ~~~ d DRAINAGE ACCESS AND MAINTENANCE EASEMENT PO.C. t\' ;i.':'O:'/7.'O \ E .1 ,J,).).{' \. L2 N 6~)C) / I ,85 [.1 'i515n :~w C()f~N[R o~ WCiOD',1fRF L,Ak:f,LS 1H J/W !..'-j:' ~l ./ POB: L4 Cl,UU / ,/...._- BEARING BASIS S89'00'58"E 170.70' --- ~,/) , ',. ' {~ WHIT/\KER RD i5l/ i\!CHi 0' WA" LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE DRAINAGE, ACCESS AND MAINTENANCE EASEMENT 1\ 0/,,'-<([ l-/\SI, CULl FOLLOW'; o! lJJ-JI) 'TINe if\ ':';f:'CTiOi'J ',')WV:,I':I; :'.10 :)uTii, ,"u\rK;:- ;'i:', If:_'~ C()U~jll '--LOitIUA, ;:::FINe; \.1CRC f-'i\f:;:liCUlJ\h'L" Gf.::':;C;f;:I[J[f) I~S ~ 'IV "._""" Z__ I l ,"" i COMMENCING /\T THE SOUTHW[:~; I COR{\jU~ (IF V/()()[IMFF~I'_ !t\\~[S CLUP, ,~, CO~JDOMIf\HJM 1\"-: f:([C:CPDfD I~i CONDe BOOK ~:'(l, P/-cr .:.?" (';r lfi" PUr:.uc r~[u)PUS Of: COU..It'H COUNTY, F-lJ)r~II}f.,. 1\1'-)(') f311i~C ;\ ;.)(WH cr~ iHF '-.jor~T:H ''l { h:'iCHI or Wr\l' !!r'J[ or WHlTi\KU': ::::0/,[:" CC, lfiO' Vil!JF r;~iC;I!f \iv/\ Y; 'Hi:,"J( I\i '~;N(~ 'i/i,il': N()f-<L!I';~l,Y :::;!Cil~- or './'/t,v 1',[, ::::,EFrc;(' '')0'' -C)'? 1/( ?r) )(j iiL POINT OF BEGINNING Of IH[, '-)/d~'Yi lifFi I': O! :,;cr;;iCi[D iHfNCI 'Hf-:~CF iHFNC! '-<;(;1-11 i\I./INC ~,jll[i ::;,8~j'OO':1B"[ (; C)()'~lq'O:)"V/ It/I": ..If'j,:: 1:::ICH1,-C+ -W/',Y tiN::_ r'J no r,.,:, ., .. . ';1' i)] rr . 10 .\ ''', U'i I \) ",;t\II,~ r,J()f\T II [1\11' ;,(,I:.} 1 ~l,O() I:;'')r! 1100 i Li: rl![I~C'- /11.::)[\1(; ~c:.;I\!L') NC)f::lHr,i"L,Y :,,'le;I' --I)! rc: 'l. POINT OF BEGINNING ~'lI 1'11[' \V.t,\ i'J i'J_3'--; C'l;' '>:-<, "\-\.i '-CI'\ ",,,',",,_ Df :;C!( 'J[:) 'CJt ,>) CONT/'.I\%IC 16~;', '~C)U/\F\[ i'-::-r ~,',C.I~i" (Y~ I' PARCEL NO. 150 DAME ':::;UO,JECr ~c; [I\SF.VE.'\;TS .L\k-) Fd~,)F?!C:l!O\JS "I~ r~[COI?D F!IN\I~,C;~:; /\,,~,J, [j;\S[l; C>; lrJ! NOR"-HLRL_Y h~GH' ,.Of WAY! ,NI: Of" Wf-lI'[I'.,Ki" I;!(),'\,I) ,\'; U['INC S2-9.0:::'~;.s 'F, t'JOFdH I\Hfr;;:I~~t'\J J/.' tH.; j 9d ~ i F"NY:j"i[Y':\F rvH_I<C/l,lCil? CC)lnUFF,: C:OW,j','( (;P(; NrTNOi,(v "JJj ('=- ,-:-<)I~r ,,, 02 ;1~Ji :~'~i\.j\,j:':'-"JC,f-/t,.I< ;~F:: I rJ ~J i ~J'~' '>'1)(' 'd ", T";,,-: i;'(:1 ','i ::!(:I.'\; '"Ii ~:);; ;:(JUK , () ,/" \1 ~', I : , " r.IC, LI3 ;<t.~:; ~I' !',,.1iC:HAf_l AW,t:;,f~[). !)f~ClFi;':~~;I()~,^1 :'j!j"'-;V!YC'H /I"'U 'Jf:,;;f)l'~ ~;fi> ,n ';(;I.'i\c;;F ;.iT I '~iCN!l'jC DA.' I, I~/l.fr ? /\1 ( ,r'HY ')~)f,':f);:;< :.JNFP': 11 "HJT \-'/,1!1)0/lr: <:i,)' iile SIOJJ\TUI-.::r-- flNL OI:~;:(;iN/\'_ F,':\i~_;fT! C! (~!-'!!:I I! .~\:' ~" '::I,,'F:\/~:-Y:_:'I;: ;:: 9 :k:<)"c,' ,f. /(}():i d,l> A'" "_ \200c\UoU;!7{;iY;' UI Wh,r"I<~' 1/""',1 :f~"'C-,"""f'0rs\U\)? """"",1 '",!~""~ Cc II",' t'n.; ,'ioj " Wlr\S-,,,,;;,, 'f:'~ h"" ';;'''' ",', ';f) !i~,,' JJ\un,:<;-:J;;'::,:,C'''<;-v. 1m,! D\XZA1NC Phuming Visualization CONSULTING Civil Engineering ..&. ....., , ..... .JL. Surveying & Mapping 6610Will~wParl<()rivt1, SUi!p.200 N;lples,r1orida341()9 Phone, (239) S91057~j FAX: i239j 59?-0578 ,Io"daCcrti1;calc01 AUlhotll<ltion#lb-6952 :U\I c,-"'",,", r:T,r- COUJER COUNTY, B.O.C.C. WHITAKER ROAD DRAINAGE, AG€ESS-AND MAINTENANCE EASEMENT "",'" ",r)'; '<'if 080276.00.00 I, 0002-SK12 16B 1 MEMORANDUM Date: April 15, 2010 To: Deborah Farris, Property Acquisition TECM Department From Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Replacement Drainage Easement - Magnolia Pond Road Attached for your records, is a copy of the amended agreement referenced above (Item #16Bl) approved by the Board of County Commissioners February 23, 2010. After recording please forward the original document back to the Minutes & Records Department for the Board's official record. If you should have any questions, please call me at 252-8411. Thank you. Attachment (1) 2682 Project: PARCEL: Folio No.: REPLACEMENT DRAINAGE EASEMENT THIS REPLACEMENT DRAINAGE EASEMENT is being recorded to modify supersede and replace that certain Drainage Easement recorded July 6, 2009 in Official Records Book 4469, at Page 54, Public Records of Co~er County, Florida (the "Original Easement"), and is, made and entered into this '" day of ~ ,""'" \ , 2010, by MAGNOLIA POND ROAD DEVELOPMENT COMPANY, LLC, a Florida limited liability company, whose mailing address is 2385 NW Executive Center Drive, Suite 440, Boca Raton, Florida 33431, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County") and STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, whose mailing address is Post Office Box 1249, Bartow, Florida 33831-1249 (hereinafter referred to as "FDOT") (County and FDOT shall be referred to collectively as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WIT N E SSE T H: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive drainage easement to enter upon and to install and maintain drainage structures and facilities, including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes, and various types of water control structures over, under, upon and across 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 and to place and/or excavate materials for the purpose of constructing, operating, and maintaining drainage facilities thereon. This easement DOES NOT give Grantee the right to remove and use any excavated material. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. This easement is granted subject to, and conditional on its express acceptance by County as modifying, replacing, and superseding the Original Easement. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ThIa property has been IlCQUINd ..... __ rI oondemn.lon'" II. ...-t--' "'~"I [. U'" THIS CONVEYANCE ACCEPTeD BY THE BOARD OF COUNTY QOII..SStONI!R8. COLLIER COU~ FI QRI)A. PUMUANTro THE ~^ OPR!SOLUTION NO.~ 2681 WITNESSES: MAGNOLIA POND ROAD DEVELOPMENT COMPANY, LLC, a Florida limited liability company Q~~ ~~rd i ,J. (Signature) By: Its: By: Its: Manager -,--. ;! ,1f.:.:.j't.' C.-J ~J~ (Print Name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing Replacement Drainage Easement was acknowledged before me this b 1"\-\ day of ---F\?R\ L ,2010, by Samuel R. Sobel, as Manager of JAFP #2, LLC who is a Member of Magnolia Pond Road Development Company, LLC, a Florida limited liability company, on behalf of the company, and who: { is personally known to me OR produced identity . as proof of ~\\\"\lt~YJ.III~;' d i.d! ~,.... ~ ~p..tl.A J. 8cr''1,~ ~ '\~~~....... l.,.Jt ~ ~ ...;~,,^iSS/O~~....~ ~ - .<:.J ch7 . ~ - . '" ....'1>\ ..?,o . .... .::- : ~ "'. v/ ~. ::;. ~*: ?~: ~ -. .... -*- ~~\ #D0648498 : ~ ~~ ..'t 8. ..~~ ~':I}. .!'')-pOrlci6dthN ~~<:>.. ~~ ~ ,<)/.... ~bllc Unde\';\".. ~.:vCj ~ ~ Vc9.'1. ........ <. \ ~ ~"'': Ie, STAie Q\,,~ ""'''ltlll\\\\\' Tamara J. Beckel (Print Name of Notary Public) Serial/Commission # (if any): bb b~4'1B My Commission Expires: M(tRc..tI. 'l 1D L L I ACCEPTANCE Collier County hereby accepts the foregoing Replacement Drainage Easement under the terms and conditions set forth in it. DATED: <:-41t8Lo1D A TTfST~ . , ~~~ Atte.l:t utE:! 'e"".~~y~Clerk l1i1lature-''Ofh ,( . ... BOARD OF COUNTY COMMISSIONERS COLLIER . NTY, FLORIDA BY: FRED .;.~ Approved as to form & legal Sufficiency' .._--,._...._~i:>~ ~ , , ~----.-........._---..-... Ass,:ste - ''':;O'i'lI..v' .:.;Hr"i'El' . ...." . I.. j ....- 1.\'.t.'..;i ( V Last Revised: 2/01/07 Replacement Drainage Easement Page 2 DESCRIPTION SKETCH (NOT A SURVEY) PIRPE1'UAl. NON-EXCLUSIVE IJIlWNAOE EASEMENT ~Ii ~ IJ [;~ PARa:L NO. MAGNOLIA POND 20' DRAINAGE EASEMENT DESCRIPTION: A parcel of land lying in the Northeast 1/4 of Section 34, Township 49 South, Range 26 East, Collier County, Florida, and being more particularly described as follows: COMMENCE at the Southeast corner of said Northeast 1/4 of Section 34, run thence along the South boundary of said Northeast 1/4 of Section 34, S.88047'56"W., 2633.58 feet to the Southwest corner thereof; thence along the West boundary of said Northeast 1 /4 of Section 34, also being in part the West boundary of MAGNOLIA POND ROAD DEVELOPMENT COMPANY, LLC parcel described in Official Records Book 4337, Page 3633, of the Public Records of Collier County, Florida, the following two (2) courses: 1) N.00024'19''W., 1285.51 feet to the POINT OF BEGINNING; 2) N.00024'19''W., 20.01 feet to a point on the South right-of-way line of MAGNOLIA POND DRIVE (Access Road No.2, as described in Official Records Book 1018, Page 383, of the Public Records of Collier County, Florida), said point also being the Northwest corner of said MAGNOLIA POND ROAD DEVELOPMENT COMPANY, LLC parcel; thence along said South right-of-way line of MAGNOLIA POND DRIVE, also being the North boundary of said MAGNOLIA POND ROAD DEVELOPMENT COMPANY, LLC parcel, N.8r42'28"E., 1584.92 feet to the Northeast corner of said MAGNOLIA POND ROAD DEVELOPMENT COMPANY, LLC parcel; thence along the East boundary of said MAGNOLIA POND ROAD DEVELOPMENT COMPANY, LLC parcel, S.00oOO'43"E., 20.02 feet; thence along a line lying 20.00 feet South of and parallel with aforesaid South right-of-way line of MAGNOLIA POND DRIVE, also being aforesaid North boundary of MAGNOLIA POND ROAD DEVELOPMENT COMPANY, LLC parcel, S.8r42'28"W., 1584.78 feet to the POINT OF BEGINNING. Containing 0.728 acres, more or less. TEeM - ROW JUN 2 5 2009 REV. LEGAL 6/.!0/09 MAGNOLIA POND 20' DRAINAGE EASEMENT This Sketch of Description was prepared in accordance with the Minimum T ec:hnical Standords set forth by the Florida Board af Profe~sional Surveyors & Mappers in Chapter 61G17*~ Administrative co~"...p. ursuont to Section (~27'.:::LS~.// ~> /~__ 'T'""-./~1' (_/ f ~v1:.~ DAViD ALAN WILLIAMS FLORIDA PROFESSIONAL SURVEYOR & MAPPER NO. ~~.?:~.?~. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER PREPARED BY: HEIDT & ASSOCIATES, Inc. Tampa.:. Fort Myers-:- Sarasota Manatee .:. Brooksville Certificate of Authorization Number LB 148 CIVIL ENGINEERING Fort Myers Office LAND SURVEYING 3800 Colonial Boulevard Suite 200 PLANNING Fort Myers, FL 33966 ENVIRONMENTAL Phone: 239-482-7275 LANDSCAPE ARCHITECTURE FAX: 239-482-2103 Dote: 11/03/08 Drwn: DAW rder No:SBl-IolP-ooa Chk'd:AJN Dwg:MOG-2o'-__os P.C.: N/A DC:NjA FB:N/A SEC. 34 TWN. 49 S. RNG. 26 E. SHEET: 1 of 2 16B 1 U ...J ...J > -~~ OiE~ ... 0 ~ou "'ZI- oOz uo..L"J Ui~~ ~6g J:ZL"J ~~Gj Z::Eo DESCRIPTION SKETCH (NOT A SURVEY) o~ ~< 00.. _,,::E oc:O :lU vOl- ,-.Qz ~-L"J -:l::E ~~~ J!Q)...J . t:J:L"J ~ l!) o-Gj Il'i z"o <<l c: N Q)OO J: < -.00 -NO: 010 }i ~OlZ ovo ,,10.. 01 c:v .v :11")< o - N .Qc:...J 00 b ~.-z q "-c.:> Q)U~ Z ~Jl Q Q ~ II MAGNOLIA POND DRIVE (60' Right-of-Way) (Access Road No.2. per O.R. 1018. Pg. 383) South right-of-way line, and the ROAD North boundary af MAGNOLIA POND DEVELOPMENT COMPANY. LLC 1584.92' ------1---- - -158-4~78'- - ~ !=' o q, MAGNOLIA POND ROAD DEVELOPMENT COMPANY, LLC (O.R. 4337, Pg. 3633) ('"'- ~ 0: o Z o 0.. ~~ ...J...J o . z>- c.:>Z << ::Eo.. ::E -0 Ou ~I- oZ "L"J C:::E :10.. 00 .Q...J _L"J "Gj ~o < ::J o ZI- c.:>Z ~~ 0.. -0 O...J ...L"J Q)Gj Eo~ o ...J ~~ . .,o:~ g < J:00.. t:z::E 000 zo..u 20' DRAINAGE EASEMENT (O.728:t: Ac.) INTERSTA.TE HIGHlY AY7S fly ( South boundary of the Northeast 1/4 of Section 34-49-26 S.88'47'S6"W. 2633.S8' ) POINT OF COMMENCEMENT Southeast corner of the Northeast 1/4 of Section 34-49-26 Southwest corner of the Northeast 1/4 of Section 34-49-26 L1 L2 N.00.24'19''W. S.OO.OO' 43"E. 20.01 20.02 LEGEND: O.R.---Official Records Book Pg.---Page NOTE: Bearings are based on the South boundary of the Northeast 1/4 of Section 34-49-26, having an assumed bearing of S.88.'47'56"W. MAGNOLIA POND 20. DRAINAGE EASEMENT This Sketch of Description was prepared in accordance with the Minimum T ecl'lI'l'cal Standards set forth by the Florida Board of Protessi'i'nal Surveyors & Mappers in Chapter 61G17:.~._Florh:Ip Administrative code. pursuant to Section 472.0p;r. Floridcf Stahites. . ./ . < ':Jl.~ " .....- ,.......... ~ ... ./- D~--ID--'~~ (Jll~~14~V'-'. FLORIDA PROFESSIONA1. SURVEYOR & MAPPER NO. ~~.?~.?.~. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA L1CFNC;m <;lJRllFYOR ANn lAAPPFR PREPARED BY: HEIDT & ASSOCIATES, Inc. Tampa.:. Fort Myers .:. Sarasota Manatee .:. Brooksville Certificate of Authorization Number LB 148 CIVIL ENGINEERING Fort Myers Office LAND SURVEYING 3800 Colonial Boulevard Suite 200 PLANNING Fort Myers, FL 33966 ENVIRONMENTAL Phone 239-482-7275 LANDSCAPE ARCHITECTURE FAX: 239-482-2103 REV. LEGAL 6/10/09 Date: 11/03/08 Drwn: DAW rder No:SBL-MP-008 Chk'd:AJN DW9:--2O'-~DS P.C.: N/A DC:N/A FB:N/A EC. 34 TWN. 49 S. RNG. 26 E. HEET: 2 of 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 B 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hund delivered to the Board Office. The completed routing slip and original documents arc to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing Jines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the ex!;e tion of the Chairman's si nature, draw a line throu h routin ' lines # 1 throu h #4, com letc the checklist, and forward to Sue Filson (line #5) Rpute to Addressee(s) Office Initials Date (I)st in routing order) 1. (Th~ primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive SUrT'.mary. Primary contact informmlon is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BeC Chairman's signature arc to be delivered to the BCe office only after the Bee has acted to approve the item,) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached 2. 3. 4. Board of County Commissioners 5. Ian Mitchell, BCC Office Supervisor 6. Minutes and Records Clerk of Court's OfJice PRIMARY CONTACT INFORMATION t't1 Phone Number rYla - f2 j:)an 1senda Item Number /<L:SeP/ vtie:-n =#= Number of Original Documents Attached 1. a3 ~/'" n c::Jr&.-~T INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ropriate, Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Ofllcials.) All handwritten strike-through and revisions have heen initialed by the County" Attorney's Office and all other parties except the BCC Chairman alld the Clerk to the Board The Chairman's signature line date has been entered as the dale ofBCC approval of the document or the final negotiated contract date whi~hever is applicable. USign here" tabs are placed on the appropriate pages indicating where the Chairman'5 signature and initials are required. _~__ In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mithchell ill the Bce office within 24 hours ofBCC approval. Some documents are time sensitive and rcquin: forwarding to Tallahassee within a certain time frame or the BCe's actions arc nullified. Be aware of your deadlines! The document was approved by the ll(:C (~leJ:~::-{~__(cn(cr date) and all changes made during the meeting have been incorporated ill the attached document. The Co un t y A t to rn Cy' 5 0 J}.:!"~_<:Jl_~~~"!.~'y'~~~Y~!~l_~_,.~.I_I.~l~.~.~_L-~~~J?E-!_~~_~. b Ic--.:_n________________'_. " 3. 4. 5. 6. as,;).~eqC7d_ '''Bt ';;><::>/0- on~ Yes (Initial) N/A (Not A lieable) N/A AliA Forms! Coullty hnnJs! Bee Forms! Original J)oClIll1mls Ruuting Slip V/\VS Origilllll 9,0304, 1~t:vlst::d 12605, Rn'lsed 22/105, Revised t) IS.OI) 168 1 MEMORANDUM Date: April 30, 2010 To: Marlene McLaughlin, Property Acquisition Specialist Real Estate Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Donation Agreement Attached please find the original (Agenda Item #16Bl), as referenced above and approved by the Board of County Commissioners on Tuesday, February 23, 2010. Please return document to the Minutes and Records Department to be retained for the public record. If you should have any questions, please call me at 252-7240. Thank you. 168 1 PROJECT: Livingston Road Wells Interconnect FOLIO 00168044005 TEMPORARY CONSTRUCTION EASEMENT. UTILITY AND ACCESS EASEMENT & ACCESS EASEMENT DONATION AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT. UTILITY AND ACCESS EASEMENT & ACCESS EASEMENT DONATION AGREEMENT (here rafter referred to as the "Agreement") is made and entered into on this 4- day of aprI . 2010 by and between CREEKSIDE EAST, INC., a Florida corporation (hereinafter referred to as "Owner"), whose mailing address is 2600 Golden Gate Parkway, Naples Florida 34105, and 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 (hereinafter referred to as "CCWSD"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, CCWSD requires a Temporary Construction Easement over, under, upon, through and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Temporary Easement Area") for temporary staging and construction of utility facilities; and WHEREAS, CCWSD requires a perpetual non-exclusive Utility and Access Easement over, under, upon, through and across the lands described in Exhibit "B", which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Permanent Easement Area") to the CCWSD for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, CCWSD requires a perpetual non-exclusive Access Easement over, upon, through and across the lands described in Exhibit "C", which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Permanent Access Area") to the CCWSD for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner desires to convey the Temporary Easement Area, the Permanent Easement Area and the Permanent Access Area (hereinafter collectively referred to as the "Property") to CCWSD for the stated purposes, on the terms and conditions set forth herein; and NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Temporary Easement Area via a Temporary Construction Easement to CCWSD at no cost to CCWSD, unless otherwise stated herein. 2. Owner shall convey the Permanent Easement Area via a Utility and Access Easement to CCWSD at no cost to CCWSD, unless otherwise stated herein. 3. Owner shall convey the Permanent Access Area via an Access Easement to CCWSD at no cost to CCWSD, unless otherwise stated herein 4. Closing shall occur within sixty (60) days from the date CCWSD executes this Agreement; provided however, that CCWSD shall have the unilateral right to extend the term of this Agreement 5. Owner agrees to convey the Property for the purpose of accessing, staging, constructing, operating and maintaining utility facilities on lands within the Property. CCWSD shall restore the surface of the Property after construction has been completed. 6. Owner is aware of and understands that this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 7. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to CCWSD; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to CCWSD; that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the ',#.,., , , y, . hARR, Jt~ cellI lER CO F II F tHJMBr:,R I I if (I') ~__ J I I U \/} 16B 11 Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property 8. CCWSD shall pay for all costs of recording the Temporary Construction Easement, the Utility and Access Easement and the Access Easement in the Public Records of Collier County, Florida. All other costs associated with this transaction shall be borne and paid by CCWSD. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and assignees whenever the context so requires or admits. 10. Conveyance of the Property by Owner is contingent upon no other provIsions, conditions, or premises other than those so stated herein; and the written agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 11. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the parties C)<f day of arn'L- ,2010. hereto have executed this Agreement on this AS TO CCWSD DATED: afn~, dOlO ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COl.,L1ER COUNTY AND AS EX-OFFI.CIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: J Ii c c. '..;J( L,,) , " ( _j}'"I...._. U(. f"" ,,~ - Fred W. Coyle, Chairman AS TO OWNER: DATED "1/..<.< ./., , i ness (Signature) laVerne M. Webb Name: CREEKSIDE EAST, INC., a Florida corporation (Print or Type) /J<l Witness (Signature Ill' N' \ Name: rt.\\S,-,('\ iG'VJ\,) (Print or Type) , /l i , r)" /} By: ,,[ "., .<::e:~2" c ;_ Da\7ld K. Borden, President Approved as to form and legal sufficiency: . Jenni~l;2 ~ Assistant County Attorney It^HI~' ,t~ C, 'II It H '~'__I FILE NUMULR j F/ & J- (,',i-/'/// ...., ./ iv; \ J ...... " , u ' tlt~ ~ )s~ q rL ~ N I I: 1 ,to t"~ . ;; -. ~~<< 15i5!! '~. 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DWG. #8-8596 Page 1 of2 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN A POTION OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICUlARLY DESCRIBED AS FOLLOWS: COMMENCE AT NORTHEAST CORNER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.oo'27'02"E" ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27, FOR A DISTANCE OF 135,04 FEET TO A POINT ON THE SOUTH RIGHT.OF-WAY LINE OF IMMOKALEE ROAD, HAVING A RIGHT.OF-WAY OF VARYING WIDTH; THENCE RUN N,89'OO'59'W" ALONG SAID SOUTH RIGHT-OF-WAY LINE, FOR A DISTANCE OF 20.03 FEET; THENCE RUN N,00'53'01"E" ALONG SAID SOUTH RIGHT-OF-WAY LINE, FOR A DISTANCE OF 30.00 FEET; THENCE RUN N,89'06'59'W., ALONG SAID SOUTH RIGHT-OF-WAY LINE, FOR A DISTANCE OF 60.00 FEET; THENCE RUN S.00'53'01'W" ALONG SAID SOUTH RIGHT-OF-WAY LINE, FOR A DISTANCE OF 30.00 FEET; THENCE RUN N.89'OO'59'W., ALONG SAID SOUTH RIGHT-OF- WAY LINE, FOR A DISTANCE OF 130.00 FEET; THENCE RUN N.87'50'38'W" ALONG SAID SOUTH RIGHT-OF-WAY LINE, FOR A DISTANCE OF 170.14 FEET; THENCE RUN S.02'09'22"W., FOR A DISTANCE OF 31 ,02 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.02'09'22"W., FORA DISTANCE OF 8.98 FEET; THENCE RUN S,87'50'38"E., FORA DISTANCE OF 30,00 FEET; THENCE RUN S.71'57'04"W" FOR A DISTANCE OF 31,97 FEET: THENCE RUN S.89'42'43'W., FOR A DISTANCE OF 565.83 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 57'52'38", SUBTENDED BY A CHORD OF 24.19 FEET AT A BEARING OF S.60'46'24'W., FOR A DISTANCE OF 25.25 FEET TO THE END OF SAID CURVE; THENCE RUN S,31'50'06"W., FORA DISTANCE OF 176.61 FEETTOA POINT ON A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 375,00 FEET, THROUGH A CENTRAL ANGLE OF 23'18'20", SUBTENDED BY ACHORD OF 151A8 FEET AT A BEARING OF S,20'10'56'W., FOR A DISTANCE OF 152,53 FEET TO THE END OF SAID CURVE; THENCE RUN S,08'31'46"W., FOR A DISTANCE OF 102,61 FEET TO THE EAST RIGHT-OF-WAY LINE OF GOODLETTE ROAD, HAVING A 130,00 FOOT WIDE RIGHT-OF- WAY; THENCE RUN N.04'52'58'W" ALONG THE EAST LINE OF SAID GOODLETTE ROAD, FOR A DISTANCE OF 162.57 FEET; THENCE RUN N.31'50'06"E., FOR A DISTANCE OF 296.19 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY: THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 25,00 FEET, THROUGH A CENTRAL ANGLE OF 57'52'38', SUBTENDED BY A CHORD OF 24.19 FEET AT A BEARING OF N.60'48'24"E" FOR A DISTANCE OF 25.25 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'42'43"E., FOR A DISTANCE OF 584,83 FEET TO THE POINT OF BEGINNING; CONTAINING 0,534 ACRE, MORE OR LESS. ~ll\~_ ~'. ,,-,. ') ViI-' [W".",,,,,.,,,,~ I i~ ~~-1 16 B 1 ~~~ HM PROJECT #2009032 3/15/2010 REF. DWG. #8-6598 Page 2 of 2 THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING S.OO"27'02"E. HOLE MONTES, INC. CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 BY~"~'~ THOMAS M. MUR Y P.S.M. #5628 STATE OF FLORIDA ._~ ('J/j ~j [lAr-,(H< 'r~, , ,,", I"II.E r..JI.Jf,.MIl H I (Lf (p j--_H~ I:'":> N '" N N N to :z Z :z I~ I~ :z I~ I '" ., I ~ I ~ I ~ ., I Z I I I I I I I I I Z --...aw t-ffilQ' ~Ml '-'I;;.... ~~N . ~F~ \' ,-,15u z~ "- a t- :z 15 0.. s;a<i'i' olel p::;~ "'"0:: ~~ o' ~i ~ ~ ~ 0 u . rn u 0 ~ ::r:: ~ Il:: " I! /;18 r::~ n is '" . ~.!1 ~ L{"'il"" .1 '/ ! ~ ,- , w z " ~ , ~ ,!. Ii '" ;E i::! ~~ ~I I t I ~I I ~ ~ EAST UNE NORTHEAST 1/4 SECTKW 27-48-25 S 00'27'02' E - BASIS or BEARING fi~~~ ~~~~ "do '" !\,10\, !'4 ~lt) !'I ~2~ lil~lil """ >: ~~a8888!~"8l;;~~ ~i!l<i"""O!R"::;;"":1:!&j cs_~l't)lQfI).......to) loi)f<)........ L..,!;t1lJ:t::t:t:~:t:3tl.L.l3l::::t::t: ~~~~Pl~~fl!~~~;!;~~ ~~~n~~~~~~~~~ tt):it::iil:::tV)::t=<tll)tI)V)tt)lI)::i!: iilo,~o, ~~~~ ~~~~ rj&:~~ "'".,,, "''''''' '" ., ..; ill ~ 1:1 N :' '" ., '" !l!~",,,,,,"'<o".,o>:2::~~ ::5...,J...J..J-.l-J-.l-J-J........,J-.l......... ~8~8 ~~~~ ~<;lltl '" "0 0> ~ i o 68 1 z 0 ;:: D- o:: U VI "I. e ..J -< C> "I ..J -< >- z -< D.. ~ 0 U U -< 0 I- :z: U t- "I ~ .. VI ~ ~ 111115 ~ ;11;11 !jE lii!!i!!~ .. !;e8.~ ~_o t;l;~ici o..! ",z ~ N=tc ..... ._~o ;"' " ~lgl~ z ~&:~ ,. .. li!1 =-1; gl 'iB' .9<, 11..0.. ~ I ~. ~ I I ~ . ~ ~~ +~ ~, ~ ..", ~n. L13 - ~ . EAST RIGH~_~N~ ._ ROAD (FRANK BLVD.! ~ ~ - - GOOU"","RD 0 .. PB 13 PG. 58~ 130 - -. 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OAR""'" '''J'' I II F NIH,;'I1 I l, 111{}J- "',...,...,~:.,,-... - ,_. ,/1 ( )1);7 'j.., f-- EXHIBIT Page , of DESCRIPTION OF 20' WIDE ACCESS EASEMENT COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 48 SOUTIl, RANGE 25 EAST, THENCE, ALONG THE EAST LINE OF SECTION 27, SOUTH 01 DEGREES 09 MINUTES 43 SECONDS EAST THE DISTANCE OF 135.00 FEET TO THE POINT OF BEGINNING OF THE EASEMENT TO BE DESCRIBED; THENCE, FROM SAID POINT OF BEGINNlNG AND CONTINUING ALONG THE EAST LINE OF SECTION 27, SOUTII 01 DEGREES 09 MINUTES 43 SECONDS EAST, THE DISTANCE OF 15.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF IMMOKALEE ROAD (S.R. 846) ACCORDING THE PLAT OF "SOUTHWEST PROFESSIONAL HEALTH PARK" FILED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA IN PLAT BOOK 28, PAGES 53 & 54, TI1ENCE, LEAVING TIlE SAID EAST LINE OF SECTION 27 AND EXTENDING SOUTH 88 DEGREES 51 MINUTES 52 SECONDS WEST THE DISTANCE OF 3.14 FEET TO A POINT OF CUR V ATURE; THENCE, ALONG TIlE ARC OF A CIRCLE CURVING TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, AN ARC LENGTH OF 23.55 FEET, HAVING A CHORD BEARING SOUTH 43 DEGREES 52 MlNUTES 44 SECONDS WEST AND A CHORD DISTANCE OF 21.21 FEET TO A POINT OF TANGENCY, THENCE, SOUTH 01 DEGREES 06 MINUTES 23 SECONDS EAST, TIlE DISTANCE OF 58.57 FEET TO A POINT OF A CURV A TIJRE; THENCE, ALONG TIlE ARC OF A CIRCLE CURVING TO THE RIGHT, HAVING A RADIUS OF 61.00 FEET, AN ARC LENGTH OF 48.36 FEET, HAVING A CHORD BEARING SOUTH 21 DEGREES 36 SECONDS 12 SECONDS WEST AND A CHORD DISTANCE OF 47.10 FEET TO A POINT ON THE EASTERLY LINE OF AN EXISTING 15 FOOT WIDE UTILITY EASEMENT AS RECORDED IN TIlE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA IN OR. BOOK 1159, PAGE 1654; THENCE ALONG THE EASTERLY LINE OF TIlE SAID EASEMENT NORTH 01 DEGREES 09 MlNUTES 43 SECONDS WEST, (TillS LINE BEING PARALLEL TO AND 65 FEET WEST OF THE EAST LINE OF SECTION 27), FOR A DISTANCE OF 28.05 FEET TO A POINT; THENCE LEAVING THE SAID LINE AND EXTENDING NORTH 44 DEGREES 18 MlNUTES 47 SECONDS EAST, THE DISTANCE OF 20.38 FEET TO A POINT OF CURVATURE; THENCE, ALONG THE ARC OF A CIRCLE CURVING TO THE LEFT, HAVING A RADIUS OF 41.00 FEET, AN ARC LENGTH OF 32.50 FEET, HAVING A CHORD BEARING NORTH 21 DEGREES 36 MlNUTES 12 SECONDS EAST AND A CHORD DISTANCE OF 31.66 FEET TO A POINT OF TANGENCY; THENCE, NORTH 01 DEGREES 06 MlNUTES 23 SECONDS WEST, THE DISTANCE OF 58.57 FEET TO A POINT OF CURVATURE; THENCE, ALONG THE ARC OF A ClRCLE CURVING TO THE RIGHT, HAVING A RADIUS OF 35.00 FEET, AN ARC LENGTIJ 37.35 FEET, HAVING A CHORD BEARING NORTH 29 DEGREES 28 MINUTES 05 SECONDS EAST AND A CHORD DISTANCE OF 35.61 FEET TO A POINT ON THE RIGHT -OF-WAY LINE OF IMMOKALEE ROAD (SR 846) (WIDTH V ARIES), THENCE ALONG THE SAME LINE, SOUTIi 00 DEGREES 10 MlNUTES 20 SECONDS WEST, THE DlSTANCE OF 0.24 FEET TO AN ANGLE POINT; THENCE CONITNUlNG ALONG THE RIGHT -OF-WAY LINE OF IMMOKALEE ROAD, SmITH 89 DEGREES 49 MlNUTES 40 SECONDS EAST TIm DISTANCE OF 18.02 FEET TO ANOTHER ANGLE POINT; THENCE CONTINUING ALONG THE SAME, NORTH 89 DEGREES 12 MlNUTES 58 SECONDS EAST, THE DISTANCE OF 2.00 FEET TO THE POINT AND PLACE OF BEGINNlNG_ BEING A 20 FOOT WIDE ACCESS EASEMENT . BEARING ARE BASED ON THE ABOVE REFERENCED PROPOSED PLAT OF "CREEKSIDE COMMERCE PARK EAST" STEPHEN A. HIGGINS III. P.S.M. FLORIDA SURVEYOR &. UAPPER LS 619<4 COLLIER COUNTY SURIJEYOR SEE SKETCH SHEET 2 OF 2 COLLIER COUN1Y Engineering and Environmental Sarvice Department 2100 Nonb HonuboeDrive, N"I'1co Flotido 34104 Pboac::1J9-2S2all$F...,239_2$u.n6 l.^ll< ; I IlIl- r $IlEH 1 r(j~ 2 Dale: /,ProJOCl.Na: 0312412010 rilcNO: rsCJ\ E: PL. PARCEL .C. 1. = 30' c.. ~- 168 1 11 ---.----.-.:-~-.-I ~;t~' ~ .-J EXHIBll 0 Page :;J.. tJt ,,;;l.. 168 1 SKETCH OF 20' WIDE ACCESS EASEMENT (NOT A SURVEY) IMMOKALEE ROAD (S.R. 846) I I E ting Easement D.H. Book 616 I PF 1912. I (I )?' ~ I +'0 H' oil I ,,0; h ~;; I ~~ I:fii '" Q:l Q 1:8 1-; o;j ~b I 18 t>j ~ ~ I I ~ ~ I:. :~ I ~ ~ ~ ~ ~ ~~-}~--i ~ f.Ot"<] I[ :-ot"! I~ I ~ ~ c:: ~ ~ Il~ Ig: l\) :t.:"-i t.,tI) 18 l'q o ~ ~ ~ I I f ~ I:~ : :~ I ~~ Vf;;~ r r ~ ~ I) ~ ~ 1 ,: ~ ~ r ;Yj J. ( I ;~ y I /)' /; ~~ I / 1 I ~ I I~+(,'" / V~ ~ ~fif 1'r.<!/1' I !:: I ;lfg .~~ / ~ E J ~/~ ~ I~V "/ 1/ I I (I I I I t t t NUMBER C., G-2 ..C.3 G-4 CREEKSIDE EAST, IHe O.R. BOOK 3703, PAGE 2314 N89-4a'50"E 80.00' ~ 27 !~DI I P.O.C. Ilg Northeast Comar -; SectiOl127 <i Ii m ~, NORTI-I IMMOKALEE ROAD (S.R. 846) . P.O.B. L.' ~ I~ Itl m RIGHT-OF-WAY lINE "SOllTHWEST IPROFESSIONAL HUL TH PARK' PLAT BOOK 28, PAGES 53 & 54 GRAPHIC SCALE ~o ( IN FEET ) 1 inch = 3D tt. 1 "I" ~ 5 " G . . ^ " n ~ ~ LINE TABLE L-l=S88.S1'52'VI L-2 = SOO.10'20"W L.J:: S89049'40"E L-4 - N8!rl2'58"E 3.14' 024' 18.02' 2.0<1 CURVE TABLE RADIUS LENGTH CHD BEARING CHORD DELTA 15.00' 23.55' 54J4'52'44'W 21.21' 89.58'15' 61.00' 43.36' 521036'12"'N 47.10' 45.25'10' 4UX)' 32.50' N21.36'12"E 31.66' 45.25'10' 35.00' 37.35' N2!r2B'05"E 35.61' 61008'56" 1 BEARINGS ARE BASED ON THE PROPOSED PlAT FOR . 'CREEKSIDE COMMERCE PARK EAST" 1 I~ 1'1 STEPHEN A. HIGGINS 'D, P.S.M, flORIDA SURVEYOR IlIMPPER LS 6194 COLLIER COUNTY SURVEYOR i\ , :, ~ -, 0~) COLILIER COUNTY 80AlRD I OIF COUNTY COMHIS$K)NERS OR. BOOK 1048, PAGE 1798 COLLIER COUNTY Engineering and Environmental Service Department 2800NDnbIl<mc:n.o..Drivo,N""IooF1ori<il34104 1'honD:2)9.252--6385fu239-252.6476 0.11I; l'rojootNo: 03124/2010 B,l,FH\',N \__:' I I IFh Cl.! Fll E Nl ,iH\E:-.\~ SCALB: 5~IE[H 2 !)F 2 l' '" 30' IN&J- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ~\-tz.)\U'1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .,..../l\.lLtc- u . THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE . .~'1 Prmt on pink paper Attach to original docoment Origmal docoments should be h""d dchvered to the Board Office The completed ro"tmg slop iU1d "ng,1 documents are to he forwarded to the Board Office only after the I3O~.~~ik;~~O~~;~ Item.) .I. 6 Complete rooting lines # I throogh #4 as appropnate t,,, add"ional signatures. dates. and/or information needed. If tbe docoment is already complete witb the B 1 cxceDtion of lhe Chairman's signature, draw a line through routing lines #] through #4, complete the cl1ecklisL and forward to Ian Mitchell (line #5\ Route to Addressee(s) Office Initials Date (List in routim! order) I. ._~~-_.~--~._.- ._---_._~---_.._--- _~__....___.,_.._w._. ._........________.__ _u_. H_'_'_"__ --- -- - --_..--- ----- --"---- --'- 2. .,-- . .- .. - ..' . -' . ..--- 3. .- __._u._._....- ----- ----_.._----_._.,~'--- ----- ---.- -.--"'-'-'''--- -----.....-.-.,.-- -_._--~._--- -_._-~--_. -..---.-...---... --......-- 4. Robert Zachary, Ass!. Cty. Atty. Assistant County Attorney 5. Ian Mitchell, BCC Supervisor Board of County Commissioners ~ rf.-z. t/to 6. Minutes and Records' Clerk of Court's Office r 'Please scan under ABC Pilot Project (Transportation Bridge Program Project No. 66066) in the BMR Real Property Folder. Thank you PRIMARY CONTACT INFORMATION (The primary cont~t is the holder of the original document pending BCC approval. Normally thc primal)' contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, inclLrling Sue Filson, need to emtact staff for additional or missing information, All original documents needing the BCe Chairman's signature are [0 be delivered to the BCe ofliec only aftcr thc Bee has acted to approvc the item.) Name of Primary Staff Robert Bosch. ROW Coordinator, Tpt. Eng. Phone Number 252.5843 Contact Agenda Date Item was February 23", 2010 Agenda Item Number 16131 (Reso. 2010.39) Approved bv the BCC Type of Document Agreement Number of Original One Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chaimlan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Ollice and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike.through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlinesl 6. The document was approved by the BCC on 02/23/10 (enter date) and all changes made during the meeting have been incorporated in thc attached document. The Count Attorne 's Office has reviewed the chao es, if a licable. Yes N/A(Not (Initial) A licable) ~ N/A ~ <: N/A I: Formsi County Forms! Bee Forms/ Original Documcnts Routing Slip '0iWS Original 9,0.304, Revised 1.26.05, Revised 2.24,05, Revised 731,09 16B1 ITEM NO. )C;y [em -0I3~~ FILE NO.: ROUTED TO: DATE RECEIVED: :'~, -1 . Ie t:it.\F\ ,-. I.... REQUEST FOR LEGAL stRMICES ii, : ,.C 4:00 FILE DATE: July 21, 2010 TO: Office of the County Attorney Attn.: Robert Zachary, Asst. County Attorney 1;>\.M- -'1 \ ~ ~ --6."7 --,,--, --.;--. ~~ FROM: Robert Bosch, ROW Coordinator, Transportation Engineering RE: FPL Subordination Agreement: Accelerated Bridge Construction Pilot Project Transportation Bridge Program Project No. 66066 BACKGROUND OF REQUEST: previously reviewed by you. Th;, ;rem HAS b~. p"",.~ly ,.bmm.. ~d" "'~CM~~ (CIRCLE ONE) ~ ACTION REQUESTED: Kindly approve the attached subordination agreement, insert an appropriate date in the first line thereof, sign off where required on the routing slip and forward to the BCC Chairman for execution. V FPL has now executed the attached Subordination Agreement Thank you. DC~ "'1 .q,~ /0 Co leT County 16 B 1 "jI1Mi1i$iliWl!jSJ~-~hlfflil#~~1~1ft!ltt,,!I%~~iWi*fi411jW@""Mm!l&Iti_lWdtjj Growth Management Division TRANSPORT A nON ENGINEERING DEPARTMENT INTEROFFICE MEMORANDUM TO: Board Minutes and Records DATE: July 21, 2010 FROM: Robert Bosch, ROW Coordinator - ROW Acquisitions (Tel. 252-5843) ~ Agreement for Subordination of Utility Interests - Florida Power & Light Co. Accelerated Bridge Construction Pilot Project (Transportation Bridge Program Project No. 66066) SUBJECT: Please arrange for the Chairman of the BCC to execute the attached agreement. Please also request the Clerk of Courts to record this documcnt in the Public Records of Collier County. I will obtain my copy from the public records oncc it has been recorded and indexed. The account information is as follows: Project No: Fund / Cost Center: Object Code: 66066 331-163650 649030 Thank you. 16B 1 PROJECT: INSTR 4458457 OR 4590 PG 2063 ~0~2~~~D ~~~g~1O 845 AM PAGES 5 COLLIER COUNTY CLE REC $44.00 INDX $400RK OF THE CIRCUIT COURT This instrument prepared by: rf"IA,(.lC L .6",(,"""<:"5 Florida Power & L(ght Company P. O. Box 1119 Sarasota, FL 34230-1119 SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT, entered into this.ik... day of..T .......1 ~, 2010, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and FLORIDA POWER & LIGHT COMPANY, a Florida Corporation, whose mailing address is P. O. Box 14000, Juno Beach. Florida 33408, hereinafter called "Utility". WIT N ESE T H: WHEREAS, the Utility presently has an interest in certain lands that have been detennined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the County; and WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of- way to prevent conflict between the County's use and the Utility's use, and for the benefit of each, and WHEREAS the County, in recognition of the Utility's interest in the certain lands, is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right-ot~way shown on Exhibit "A", attached hereto and made a part hereof, NOW. THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and the County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing, improving, maintaining and operating a road over, through, upon, and/or across such lands, based on the following: NATURE OF DATE FROM OR AGAINST IN FAVOR OF RECORDED ENCUMBRANCE BOOK, PAGE Easement Nov. 1976 Don Bisbee and Nancy Bisbee Florida Power & Light O.R. Book 668, Companv Page 373 Easement 09/0311 987 Raymond M. Davis and Florida Power & Light O.R. Book 1293, Margery M. Davis Companv Page 354 Easement 09/0311 987 Alan M. Castle and Florida Power & Light OK Book 1293, Janice E. Castle Companv Page 369 The County and the Utility further agree that: 1. "Public right-ot~way", as used herein, shall mean that area which is described in Exhibit "A" and which includes the Utility's easements identified above and additional lands for public right-of-way, as described in Exhibit "A", attached hereto and made a part hereof. 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the public right.of-way described in Exhibit "A", in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right.of-way will be subject to prior approval by the County. 3. The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located presently or to be located on the public right-of-way described in Exhibit "A", if such relocation or adjustment is caused by present or future uses of the right-of-way by the County or its assigns, including, but not limited to, the cost of acquiring replacement easements. 4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined in Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities. The County shall provide and insure access to said lands by the Utility. 5. The Utility agrees to repair any damage to County facilities and to indemnify the County again! a~ ISS ol'tlamage resulting from the Utility exercising its rights to construct, operate, maintain, improve, add to, upgrade or remove its facilities on the said public right-of.way. 6. This Agreement shall not be assigned by the County except to the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ^ TTEST: ~:=~~,~ At.t.4t.'1 U..,:ilt)l_cterk j1"l~:-:.,..~". . "'(..,.<...1 :... Signed, sealed and delivered in the presence of: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: 'M Lv. ~. FRED W. COYLE, CHA FLORIDA POWER & LIGHT COMPANY By(J~ VL ~ Print Name: rLoS,f' N /t-uf:; tJoil"\-k-- By: 'lJl ~ Print Name: f-Ae Do(tJ(.,( JJ(-y- By R/~~ Title: West Area Real Estat anager Print Name: Mark L. Byers (Corp. Seal) STATE OF FLORIDA, COUNTY OF SARASOTA I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared Mark L. Byers, to me known and personally known to me to be the person described in, and did not take an oath and who executed the foregoing instrument as the West Area Real Estate Manager of the Florida Power & Light Company and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation. WITNESS my hand and official seal in the County and State aforesaid this If: da~ o~ (affix notarial seal) d~ _' (Signature of Notary Public) lCtls.c M~e NMv'rL (Print Name of Notary Public) Serial/Commission # (if any): My Commission Expires: a"~ ROSEMARlENOVAK ,., ,;, MY COMMISSION' DO 601402 ~, ~i EXPIRES: December 6. 2010 """'.df.~'- BondedThruNolaryPublic UnOIIWrlers Approved as to fonn and legal sufficiency: fP<;~ 5~ Assistant County Attorney ~ FPL Subordination Agreement 1681 EXHIBIT A Page ( of~._ DMO'Z-lS-lOO-l>Z-Ol\A3AlJnS\NVld ~3.LS\fJfi\S3DGI~8 133!ilS G~~Z '" G^18 3.JJHM vZ\GlOZ-A3i\llnS-Sl03rO~d\:S w > in :::J -'.... Uz ~w ~LlJZ ::E gqo~ 1.0 8z 01( o--1UJ <:O<W ~2:::)C) U-J....c( LulUWZ -'Uo..- Ou:a:~ g:~~C I so w~ :>;<0 w~ "" I-, :5~ ..q-~~ WV') ~YlK 00 ~~~ ~a... ~~K ~f'. 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ROUTIN(;SLIP ,. .... ... . .'.' .... .... . .......... ....... Co~pJete routing lines III thrOughf/4 as apptopriate fo~additional signatures, dates, and/or information needed. If the document is. already complete with the exee tion of the Chairman's si nature, draw a line throu h routin lines /I I throu #4, com Jete the checklist> and forward to Sue Filson (line #5). . to Addressee(s) Initials Date (List in routin 5. Ian Mitchell, BCC Office Supervisor 6. Minutes and Records' Clerk ofeourt's Office ___,'IJ . PRIMARY CONTACT INFORMAl'ION . (The primary contact is the holder of the original document pending BCC approval,No'rmally the primary contact is the person who created/prepared the executi'(e sun'.1nary. . Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for ad~itional or missing iilformation. All original documents needing the BCC Chairman's signature are to be delivered to the BeC office only after the BCChas acted to approve the item. . Name of Primary Staff Contact Agenda Date Item was A proved by the BCC TyPe of Document Attached ~t:.1A ~~ ~. /to Phone Number ~-81ad- /2e~/4n aatgq\{, e;t -/wO ~-r- Agenda Item }k1m98r ~/v-/-bn Number of Original Documents Attached INSTRUCfIONS & CHECKLIST Initial the Vescolumn or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and' signed by the Office of the CountyAttomey.This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from . contrac~, agreement~, etc. that have been fully executed by a]] parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) .2. All handwritten strike-through and revisions have been initialed by the County'Attomey's Office and all other parties exce . t theBCC Chairman and the Clerk to the Boafd 3. . The Chairman'ssignature linedatehas been entered as the date ofBCe approval of the document or the final negotiated contract date whichever is a 'Iicable. ' 4. '. . "Sign here"tabs are placed on the appropriate pages indicatingwherethe Chairman's , signature and initials are required. . 5. In most cases (some contiactsarean exception);the original document and thisrouting slip should be ,provided to Ian Mithchell in the BCCoffice within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to TaHahassee withinacertain time frame or the BCe's actioi:lsare nullified. Be aware of your deadlines! 6. The document was app~ovedbythe HCCon (ent~r date) and all changes . made during the meeting have been incorporated in the attacheddocument. The Count Attorne's Office has reviewed the ehan es, if a Heable. AlA i:.j70rmsl County Formsl Bce Formsl Original Documents Rouling Slip WWS Original 9.03.04, Revised 1.26.05, Re\'ised2.24;05, Revised 9.18.09 . , Yes (Initial). ;- 168 1 MEMORANDUM Date: September 15, 2010 To: Marlene McLaughlin, Property Acquisition Specialist Real Estate Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Access Easement Agreement Attached please find the one (1) original (Agenda Item #16Bl), as referenced above and approved by the Board of County Commissioners on Tuesday, February 23, 2010. Forward a fully executed original to the Minutes and Records Department to be kept as the part of the Boards Records. If you should have any questions, please call me at 252-7240. Thank you. PROJECT: MPS 312 Rehabilitation FOLIO: 81820000322 168 1 ACCESS EASEMENT AGREEMENT THIS EASEMENT AGRE~ENT (hereinafter re erre to as the "Agreement") is made and entered into on this day of , 2010, by and between WHITTENBERG HOMEOWNERS ASSOCIATION, I C., a Florida nonprofit corporation whose mailing office address is c/o Ability Management, Inc., 6736 Lone Oak Boulevard, Naples 34109 (hereinafter referred to as "Owner"), and 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, (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive Access Easement for the purpose of access to, over, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: Owner shall convey the Property via an Access Easement to Purchaser for the sum of One Thousand Eight Hundred and no/100 Dollars ($1,800.00), U.S. currency by County Warrant or wire transfer (said transaction hereinafter referred to as the "Closing"). In addition, and at no additional cost to Purchaser, Owner shall convey to State of Florida, Acting Through the Department of Transportation, an Access Easement to, over, upon and across the lands described in Exhibit "B" attached hereto for purposes of accessing the State of Florida retention pond lying easterly of Owner's property. The procedure to be followed by the parties in connection with the Closing shall be as follows: Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Owner agrees to convey the Easement for the purpose of constructing access facilities and for access to utility facilities within utility easements on land owned by Glen Eagle Golf & Country Club, Inc. lying easterly of Owner's property, for constructing, operating and maintaining such utility facilities. Owner represents that the Easement Area and all uses of the Easement Area have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Easement Area except as specifically disclosed to CCWSD; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Easement Area to be conveyed to CCWSD; that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Easement Area, b) any existing or threatened environmental lien against the Easement Area or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Easement Area. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. The cost of a title commitment shall be paid by Purchaser. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, 16d 1 Easement Agreement Page 2 successors, successor trustees, and/or assignees, whenever the context so requires or admits. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and assignees whenever the context so requires or admits. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this /4 day of ~-km~ ,2010. Date Property acquisition approved by Bee: rcbrLlarl dB, ,;2010 AS TO PURCHASER: DATED: Q-/4-IO \ BOARD OF COUNTY COMMIS~NERS' OF COLLIER COUNTY, FLQ~IOA,AS THE GOVERNING BODY Qf:~OLLlERI' COUNTY AND AS EX-OFElCfO THE GOVERNING BOARD OF:~niE COLLIER COUNTY WA TER-SEWER:DISTRICT. - ....1 #~:, " ATTEST: DWIGHT E. BROCK, Clerk ~. " AS TO OWNER: 0/0 WHITTENBERG HOMEOWNERS ASSOCIATION, INC. a Florida nonpr rporation ~. Name:!J,O( LJ.e:N~ (Print or Type) /) ~ II ~4.1l $' ~ / " Witness (Signature) Name: Au(~,ll / /';;LJ/~r (Print or Type) Approved as to form and legal sufficiency ~^/~z.., Jennife . White, Assistant County Attorney 168 1 Exhibit "An Tract HH, Whittenberg Villas, according to the plat thereof recorded in Plat Book 28, Pages 19 to 21 inclusive, of the Public Records of Collier County, Florida. 1681 Exhibit liB" Being Tract "HH" as shown of the Plat of Whittenberg Villas recorded at Plat Book 28, Pages 19 to 21, inclusive, of the Public Records of Collier County, Florida; and Being that portion of Tract "A", as shown on the Plat of Whittenberg Villas recorded at Plat Book 28, Pages 19 to 21, inclusive, in the Public Records of Collier County, Florida, lying southerly of an extension of the north boundary of the aforesaid Tract "HH" as shown on said Plat. Co~-,::" <;2ou:nt;y 16a 1 Memorandum TO: Minutes and Records Management FROM: Marlene J. Mclaughlin, Real Property Management DATE: October 19,2010 RE: MPS 312 Rehabilitation & Improvement project: Glen Eagle Golf & Country Club Please find enclosed one (1) original recorded Temporary Construction Easement. and one (1) original Access Easement for the above referenced project. The Board of County Commissioners of Collier County, Florida has accepted the Temporary Construction Easement and the Access Easement per Resolution #2010-39, Item 16(B) 1 on February 23,2010. Please contact me if you have any questions or comments at extension #8922. PROJECT NiPS 312 Rehabilitation & Improvement FOLIO 31055003607 INSTR 4483446 OR 4613 PG 576 RECORDED 10/8/2010 12:44 PM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $3550 168 1 ACCESS EASEME~Il:: THIS ACCESS EASEMENT (hereinafter referred to as the "Easement") is made and entered into on this .2oL day of .4t,,,., /'r' r ' 2010 by and between GLEN EAGLE GOLF & COUNTRY CLUB, INC., a Flor1'da nonprofit corporation, whose mailing address is 1403 Glen Eagle Boulevard, Naples, FL 34104, as Grantor, and the BOARD OF COUNTY COI\i1MISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLliER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY '.'VATER-SEWER DISTRICT and COLLIER COUNTY, a political subdivision of the State of Florida whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, their successors "nd assigns, collectively as Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) VVITi~ESSETH: 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 for access purposes, including vehicles, on, over, upon, across and through 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 HA IJE AND TO HOLD the same unto the Grantee together with the right to enter upon said lands for the purpose of access only to utility and transportation facilities contiguous thereto. 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. Grantor reserves and excepts unto itself and its successors and assigns, all rights accruing from Its ownership of the real property described in Exhibit "A" against which this easement is being granted, including the right to engage in or permit or invite others to engage in all uses of the same real property that are not inconsistent with the purpose of the easement being granted herein or hinder the use of the easement being granted herein. The Grantee sh,,11 maintain the easement described herein in a good state of repair at the sole cost and expense of Grantee, its successors and assigns. G,antee ~ereby agrees that it will indemnify and hold harmless Grantor from any claim brought or made for or on account of any injuries or damages received or sustained by any person or persons or property, arising out of, or occasioned by, the negligence of Grantee in connection with use of the easement described herein andlor any permitted equipment or improvements owned by Grantee within the easement granted he,ein. Grantee shall promptly repair at its expense any damage to the easement or any other property not owned by Grantee, caused by Grantee exercising its rights under this easement In the event that Grantee causes damage to the easement or any other property, real or personal, not owned by Grantee in the exercise of the privilege granted herein, Grantee agrees to restore the easement or property so damaged to its original condition at Grantee's expense, Maintenance of the easement shall be performed in 2 manner that is minimally intrusive to Grantor's business, property and improvements. tHIS eO"'vt\ Al" 'I. " BOAR,' -, - . ',' ::;Oll OUR:' _ F RES. f~f )fi} " ;)010 -:51 .f)rv oJ "'0 .~ oL J " " (,\ 168 1 IN WITNESS WHEREOF, the Grantor has c3L1sed these presents to be executed the d3te and year first above 'Nritlen. GLEN EAGLE GOLF & COUNTRY CLUB, INC., a Florida nonprofit corporation By 1'11M;;lJZ.f .' RoJrt-ilfartell, President 1403 Glen Eagle Boulevard Naoles, FL 34104 ST!\TE OF FLORID,; COlJNTY OF COLLIER The fJregoing Utility and Access Easement was acknowledged before me this..2,Lday sf A./S .,.; r , 2010, by Robert Martell, Presi~~ o~behalf ~ Glen Eagle Golf & Country Club, Inc, a Florida nonprofit corporation who i&::personal!y know.J).-t1J me or who has produced as identification. . y"", . / (ani" Iloturlal seal) c,-cc4 6~. t--r-- (Signature of Notary Pu lie) 6.; r / t' Cf .5'0 "I 1:"'rl-,' (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(If any) My Commission Expires' > ,-'.. ).", , ,~ ....l > ~ ) i'''' '''\. ~!tj ~OI~~- ~ 'VC Nota'} PlIblic State of Florida ) Ealle 0 S,lnborn My Comm!~$lon 0081 0325, ~ Expires 08/17/2012 ~ ApprO\l(\(l M 10 tow, ... I<:g'" SufflCleflCJI 3:Q~ ~ --.. - '" -...... - +-'1"'''-~rf:r /\,;;S.:~tJ.,..,t ",0)0--'( .:"'\__'_'-\ I.'," -~'-. _"_""~_-""J \ , 168 ~ DESCRIPTION OF ACCESS EASEMENT & TEMPORARY CONSTRUCTION EASEMENT EXHIBiT ...d-. r.>mge / of d-- DESCRIPTION of an Access Easement and Temporary Construction Easement over a portion of an U.R.O.S Easement (Upland Recreational Open Space Easement) and also over a portion of Tract T-1, Golf Course, Lake, Drainage and Maintenance Easement as depicted on the plat of Embassy Woods Golf and Country Club at Bretonne Park, Phase One filed in the Public Records of Collier County in Plat Book 17, Pages 47 through 49, situated in Section 5, Township 50 South, Range 26 East, Collier County Florida and being more particularly described as follows: COMMENCING at the southwest corner of Section 5, Township 50 South, Range 26 East, thence, extending along the west line of Section 5, North 00 degrees 40 minutes 53 seconds West and a distance of 215.00 feet to the POINT OF BEGINNING and running; From said POINT OF BEGINNING and continuing along the west line of Section 5, North 00 degrees 40 minutes 53 seconds West, the distance of 105.00 feet to a point; thence, leaving the said west line of Section 5 and extending over and through an existing 10 foot wide Utility Easement and over that portion of Tract T-1, Golf Course, Lake, Maintenance Easement and over the URO.S. Easement, the next three courses and distances 1) North 68 degrees 53 minutes 02 seconds East, the distance of 34.43 feet to a point, an angle; thence, 2) North 20 degrees 37 minutes 09 seconds East, the distance of 31.32 feet to a point, another angle; thence, 3) North 63 degrees 04 minutes 44 seconds East, the distance of 21.81 feet to a point on the east line of previously mentioned U.R.O.S Easement, thence, along the same, South 02 degrees 58 minutes 02 seconds East, the distance of 41 .81 feet to a point; thence, leaving the said line and again extending over the URO.S. Easement, South 53 degrees 30 minutes 25 seconds West, the distance of 6.85 feet to a point, an angle; thence, continuing over the said U.R.O.S. Easement and out and again over the said easelT.ent, South 15 degrees 32 minutes 03 seconds East, the distance of 114.85 feet to a point on the north line of a Utility Easement, shown on the referenced plat of Embassy Woods Golf and Country Club..., said easement being recorded in the Public Records of Collier County in Official Record Book 1426, pages 1720 through 1723; thence, extending along the said north line of the Utility Easement, South 89 degrees 56 minutes 13 seconds West, the distance of 88.76 feet to the first mentioned POINT AND PLACE OF BEGINNING. CONTAINING: 9,284 square feet of land, more or less. Bearings are based on the west line of Section 5, Township 50 South, 26 East, as shown on the Record Plat of Embassy Woods Golf and Country Club at Bretonne Park, Phase One, and filed in the Public Records of Collier County in Plat Book 17, pages 47 through 49. ,'=- -/.__-,. I , ! I / f ~ _..~.....'"_.-......", -,.~ 2 -. - ~~-\;:4'-V,t;~~ / /\. /'-/ C/ '7(/. STEPH~ A HiGGIN III. Ii< ~\t FLORIO". SURV2fOR & iG.J. ER LS 5194 ~- COLLIER COUNTY SURVE'r OR . COLLIER COUNTY Engineering and Environmental Service Department 2800 North Horseshoe Drive, Nsples Florida 341 04 Phone: 239.252-6885 FllX 239-252.6476 Date: Project No: FDe No: SCALE: 05106/2010 MPS 312 NO SeAL 'l ~ 0':6 ......' " u'" SEE SKETCH SHEET 2 OF 2 168 1 SKETCH OF ACCESS EASEMENT & TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) !EXHIBiT U.R,O,S, \ EASEMENT ~ ~ ;::)... I!'JIf ~ EMBASSY WOODS GOLF A."iD ~ I ~ COUNTRY CLUB b..~''''' ,J- 2 I PLATBOOK17,PAGES47-49 .3.".a~.' ..../..::: __---::::::-- -~-- ~ )~r;r/~:..<i~=- - "5'.~~'E..:_ 1121 ) c" {l[;;:i~ . / I ~!!~;~:, ~1; ? I :!:Yl\[>~~ I 8 H OH CcAI'1 ,~~;!{ ( / .f L'j:\~r:NCE ~:E _--,"" ~ \ ': .','" " '[ I../~ o't.::. ',I \1'1 rr~1~O<,i", .1 \'--553"30 25"W FLJ?"b,~ DEP"HTI,iENT 'il!.\~,~A' .' ;;'. \.~\I\ 6.85' OF TRt,\SPCRTATIO~1 f10 \'\:,:~\\:o) (O,R 80?i<2t30; PAGE930)({I~g .. \\~""^.\. ~'I\ I I WOOD .~. . ..) :;-\-1, ! ' ~m'R ,1 !'ig~A~i~o~~'\.,:':........\\.::.\.",\,\\ 1\., '1t.~\[ ... (-.'V\ \\~\, >\ 10' U.E. --_,ji,-i:"~~':/:'- \ j) \ : \' \ \~\' '\<. f \ ~ ~ \' I '> 1 ACCES5.tEMPORARY \\ '~' ~'.... ~VCGETATION& rTCPJFBA.NK '.r'":.,,,.. TEMPORAP..YFA~EMENr \ \ \ / TREE DniP LINE ,. 91.84 SQUARE FEET \ t, , ,!- i-> \ \ : WOGD~~'i.~ \\ \\.\~. '....:\ II'" URO.S. . -IJ;- ~grr:ER Ji~ I' EASEMENT \:::\:::L\ -- ___ , 1~:"':- i ,Sl,lBA~6U~~;~l~~LF~.~D \ \,";~, ______ 11 I PLArBOOK:17tPACE~4T~9 \ \:V[}\j - . ~_589~~5P:'w_~~ _ .... __';887.~L~~-\" _~,'c~~ t- '-- B' HIGH CHAIN l \\ liNK FE"O' ii, ~ P J'i .O.B. .n ill 'I 0'11 0. "6 /r- 6: ~::GH CHAN ~ I ~.'. ' L;NKFE.'.JCE, Q _~L:,__~ ") _ ,..I ;~= ._-+==--~====-~J~ -- ~~ ____ 40' -----_:::L~ -~_ I ACCESS.DRA-I~t...GEAND Q: -~----~~------ MAl.>ffiNANC:: EASEI-.1El'iT .., I (ORBook2o.n,pug"Og34i f 5'WiDECONCRETE i SiDEVI'ALK TIlACT 'h' COUNTY UTILITY EASE~.1ENT (CUE) ~GO \/:LLAGGIO \. WITHIN -.;;:::::, , ;'LA T BOOK 33 PAGES' 1 .14 eo' WIDE DRAINAGE EASEMEN" " , EMBASSY WOODS GOLF AND i2 J, COUNTRY CLUB '" ~ Pel,T BOOK 17. PAC'S '7-49 :;;: Z f': ~FOUND CONCRETE MONUMENT ~ ~ / STATE PLANE COORDINATES (NAD 83 [1999J; ~ = N~656885 28 ~ ~ E-4152D9.49 L '.CRmER''! RIGHT.()F-NAY LINE ~ ~ i,. -WOOD SA VIS BOULEVARD (S.R. - 84) $: 0 POWER ~Z POLE - ! P 0 C COLLIER COUNTY ; ~t~1 - 5Ecn'oN' Engineer[ng and Environmental Service Department I CORNE~ I 2800 North Horseshoe Drive, NJ.plr:s Florida 34104 _ _ _ 10 \-t, "" Ilhone: 239-252-6885 Fax 239-252-6476 Date: r~:':::M J:--"A\;~ POND ;-- / .~ UTILITY EASEMENT OR. BOOK 1426. PAGE 1720-1723 CC'L.L!t~ CC..i'NTY (G.R. r;OO)( 3063, P8. 2305) ""'-""'..~~._--- '7) ~ T if J 5J -- 05/0612010 Project ~o: A d- ~ ], (I h '-\[0;- I PL,l,T NORTH TRACTT.' GOLF COURSE, LAKE DRAINAGE. AND MAINTENANCE EASEMENT EMBASSY WOODS GOLP AND COUNTRY CLUB PLAT BOOK 17, PAGES 47-49 l~(~~I1i[j): U.E.. UTILITY EASEME~T U.R.O.S, - UPL-\ND RECREATIONAL OPEN SPACE p,O.B - POINT OF BEGINNiN3 P,O.C. - POINT OF COMMENCE~1ENT O.R,. CFFICW. RECORD CHW - OVERHEAD WIRES G RAPI.nC SCALE C 30 I,.') 60 ~~7~ ) It. ( IN FEET 1 meh ~ 30 _..:..t~--~c_/\ (\~" d ~-L1t C;!n (ld -'sTEP EN A HIG IN,S Iii. P siV:- ----- 'Fee DASURVEY R&MAPPE,US5194 COLLIER COUNTY MRVEYOR FileNo: ~w SCALE: MPS 312 1ft ;:.:; 30' ')B~ ,0 ,,,\ (.\ PROJECT: MPS 312 Rehabilitation & Improvement f-'OLlO: 31055003607 INSTR 4483445 OR 4613 PG 571 1 6 B RECORDED 10/8/2010 1244 PM PAGES~ DWIGHT E, BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $44,00 1 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT is made and entered into this;;f"/ day of ~p-k-mk--, 2010, by GLEN EAGLE GOLF & COUNTRY CLUB, INC., a Florida nonprofit corporation: whose mailing address is 1403 Glen Eagle Boulevard, Naples, FL 34104 (hereinafter referred to as "Grantor"), and 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, and COlliER COUNTY, a political subdivision, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter collectively referred to 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,) WIT N E SSE T H: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a temporary easement to enter upon the following described lands located in Collier County, Florida, to wit: SEE ATTACHED EXHIBIT "A" Subject to easements, restrictions, and reservations of record, THIS IS NOT HOMESTEAD PROPERTY, This Temporary Construction Easement is granted for the express purpose of providing Grantee temporary access to Grantor's lands for the purpose of excavating, placing, operating, removing and storing material and equipment during the construction and installation of public improvements on lands adjacent thereto. This Easement shall expire upon completion of the improvements, Grantee shall restore the surface of the Easement Area after construction has been completed, IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year fir~abo~. written, <-ffi1i# ". , Witness ($ignature) . I . Name: r'Ef",'L (OJ C L U' (Print or Type) . I atn,~-Uc Iftt:...iCj1Y Witness (~natu!e) . /1;' ' LIt () Name: rli-l1uI iN I.),<y. I (Print or Type) GLEN EAGLE GOLF & COUNTRY CLUB, INC" a Florida nonprofit corporation ~~~ By: 1tPiPJ{_ Ro rt Martell, President 1403 Glen Eagle Boulevard Naples, Florida 34104 STATE OF FLORIDA COUNTY OF COLLIER .' The foregoing Temporary Construction Easement was acknowledged before me this ~ day of '>t'p1[ ;,'VL" , 2010 by Robert Martell, President, onbeJ:1.aI~,of Glel]J:~le Golf & Country Club, Inc., a Florida nonprofit corporation, who is:-personally known to me OJ who has produced as identification (affix notarial seal) ~"/. I' ,. ~. 4.-[( C,/.~ftZ,/'7- (SE~:~~?: N~,tary~~~I~~) bPI r') (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: (if any) "u My Commission Expires: ,~ .. ~ """'Of f\.c1 Nota Public State .:,; i;ldrilla Earle 0 S,lnborn sian D081532b Expire!) 08.'17/2012 .....~''',A Approved as to form and legal sufficiency: 0{hr-../!~ JenMer B. White Assistant County Attorney THIS CONVEy A",Cl:: ,A":CEPTED ts Y' , ,;. BOARD OF CClNT"::JMM,SSIONERS COlliER ,~(,( ,,,n ,. (-i:['" PURSUM,' . ", )F RESOl.; c',,~/o.~9 1 DESCRIPTION OF ACCESS EASEMENT & TEMPORARY CONSTRUCTION EASEMENT ~HI~I~~ DESCRIPTION of an Access Easement and Temporary Construction Easement over a portion of an U,R,O.S Easement (Upland Recreational Open Space Easement) and also over a portion of Tract T-1, Golf Course, Lake, Drainage and Maintenance Easement as depicted on the plat of Embassy Woods Golf and Country Club at Bretonne Park, Phase One filed in the Public Records of Collier County in Plat Book 17, Pages 47 through 49, situated in Section 5, Township 50 South, Range 26 East, Collier County Florida and being more particularly described as follows: COMMENCING at the southwest corner of Section 5, Township 50 South, Range 26 East, thence, extending along the west line of Section 5, North 00 degrees 40 minutes 53 seconds West and a distance of 215.00 feet to the POINT OF BEGINNING and running; From said POINT OF BEGINNING and continuing along the west line of Section 5, North 00 degrees 40 minutes 53 seconds West, the distance of 105.00 feet to a point; thence, leaving the said west line of Section 5 and extending over and through an existing 10 foot wide Utility Easement and over that portion of Tract T-1, Golf Course, Lake, Maintenance Easement and over the U.R.O.S. Easement, the next three courses and distances 1) North 68 degrees 53 minutes 02 seconds East, the distance of 34.43 feet to a point, an angle; thence, 2) North 20 degrees 37 minutes 09 seconds East, the distance of 31.32 feet to a point, another angle; thence, 3) North 63 degrees 04 minutes 44 seconds East, the distance of 21.81 feet to a point on the east line of previously mentioned U.R.O.S Easement, thence, along the same, South 02 degrees 58 minutes 02 seconds East, the distance of 41.81 feetto a point; thence, leaving the said line and again extending over the U.R.O.S. Easement, South 53 degrees 30 minutes 25 seconds West, the distance of 6.85 feet to a point, an angle; thence, continuing over the said U.R.O.S. Easement and out and again over the said easement, South 15 degrees 32 minutes 03 seconds East, the distance of 114.85 feet to a point on the north line of a Utility Easement, shown on the referenced plat of Embassy Woods Golf and Country Club..., said easement being recorded in the Public Records of Collier County in Official Record Book 1426, pages 1720 through 1723; thence, extending along the said north line ofthe Utility Easement, South 89 degrees 56 minutes 13 seconds West, the distance of 88.76 feet to the first mentioned POINT AND PLACE OF BEGINNING. CONTAINING: 9,284 square feet of land, more or less. Bearings are based on the west line of Section 5, Township 50 South, 26 East, as shown on the Record Plat of Embassy Woods Golf and Country Club at Bretonne Park, Phase One, and filed in the Public Records of Collier County in Plat Book 17, pages 47 through 49. -=::=.. SEE SKETCH SHEET 2 OF 2 COLLIER COUNTY Engineering and Environmental Service Department 2800 North Horseshoe Drive, Naples Florida 341 D4 Phone: 239-252-6885 Fax 239-252-6476 Date: Project No: FileNo: MPS 312 SCALE: NO SCALE 05/06/201 0 ~~1E1E1 ~ 1(j)[F ~ 1 SKETCH OF ACCESS EASEMENT & TEMPORARY CONSTRUCTION EASEMENT EXHIBIT A Pege ~ '" .;.l.. I I I I I 8' HIGH CHAIN I LINK FENCE I I FLORIDA DEPARTMENT OF TRANSPORTATION (O.R. BOOK 2430, PAGE 930) I I WOOD POWER I POLE BOTTOM OF BANK 10' U,E. POND (- TOP OF BANK I I I I I I / / WOOD POWER POLE I - II 8, r 8'HIGH CHAIN ~ I ---.i. _ LINK FENCE c 0-0_0 ~ 40' ACCESS, DRAlNAGEANO MAINTENANCE EASEt.1ENT (OR Book 2043, PlIgll 0934) TRACT 'H' LAGO VILLAGGlO PLAT BOOK 36, PAGES 11.14 I 12 COLLIER COUNTY 0 (O.R. BOOK 3063, PG. 2606) ~ I !~ ~~ !a.~ 2=8 1!jz g Z SlHIlClCl ~ (Q)f' ~ [j 7 (NOT A SURVEY) U.R.O.s. I EASEMENT 1ii EMBASSY WOODS GOLF AND <.. ~ COUNlRY CLUB . tJ.~y ~ I PLATBOOK17,PAGES47~,?>,,%~. _ --=- :::::-- ;;: .. ~... ~ 'S~.E...:- I ~ 91 /:::/r:<~: ~ _ -- ___ I~ ,C,/ -..".....- ___ If "~fj::::::::::::::'~ .--- ~ '''';///1 / ~ EGETiTI~~ __ d{/ /(1 m <01."f. "" . \ (6~;,.,' . \ \ \..... \ ~. I \ ~ \ 'f.. - \ \ \ \~ ~ .\\ ~\\ ~ . \\i\ . 1~~5:"~~~~~~T < \\. ~ 92<< SQUARE FEET \ ~I ~~~NT \ \ ___ . ~.I . EM~JU~yO~~LFAND .\ \\>;. --- PLAT BOOK 17, PAGES 47-49 .. . \ '&_ \ Sa9~56 'la"W 0 ~ 88.76\ "u U "'-8'HIGHCHAIN LINK FENCE PLAT NORTH o ~ii TRACTT.l GOLF COURSE, LAKE DRAINAGE, AND MAINTENANCE EASEMENT EMBASSY WOODS GOLF AND COUNTRY CLUB PLAT BOOK 17, PAGES 4749 ---- ~ 1b.l!,;~IEINJ[Q): P,O.B. U.E.. UTIlITY EASEMENT U.R.O.S,. UPLAND RECREATIONAL OPEN SPACE P,O.B. POIN!' OF BEGINNING P,O.C, . POINT OF COMMENCEMENT OR, OFFICLoIL RECORD OHW, OVERHEAD WIRES UTILITY EASEMENT O.R. BOOK 1426, PAGE 1720-1723 GRAPHIC SCALE 0 30 45 60 ~ I I ( IN FEET ) 1 inch ~ 30 It. ~- ^ - 5' WIDE CONCRETE SIDEWALK COUNTY UTILITY EASEMENT (CUE) WITHIN 60' WIDE DRAINAGE EASEMENT EMBASSY WOODS GOLF AND COUNTRY CLUB PLAT BOOK 17, PAGES 47-49 <0::::.-- ~~. c;! n (I' !\S iii. P.S.M. & MAPPER LS 5194 RVEYOR FOUND CONCRETE MONUMENT STATE PLANE COORDINATES (NAD 83 [1999]) N-656685.2B E-415209.49 _ _ L.. NORTHERLY RIGHT-OF,WAY LINE DAVIS BOULEVARD (S.R. - 84) P.D.C. SECTION CORNER !Ii COLLIER COUNTY Engineering and Environmental Service Department 2800 North Honcsboe Drive, Naples Florida 34104 Phone: 239-252-6885 Fax 239.252.6476 Date: Project No: File No: SCALE: III 05/06/2010 MPS 312 1" = 30' Co~-y Count;y -:a ........--.:0...... 168 1 Memorandum TO: Minutes and Records Management FROM: Marlene J. Mclaughlin, Real Property Management DATE: October 19,2010 RE: Lift Station 112.06 Improvements Please find enclosed one (1) original recorded Utility and Access Easement for the above referenced project. The Board of County Commissioners of Collier County, Florida has accepted the Utility and Access Easement per Resolution #2010-39, Item 16(B) 1 on February 23, 2010. Please contact me if you have any questions or comments at extension #8922. Thank you, W PROJECT: Lift Station 112.06 Improvements FOLIO: 00151920000 INSTR 4454258 OR 4587 PG 612 RECORDED 711912010 910 AM PAGES 4 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70$070 REC $3550 CONS $0 00 168 I UTILITY AND ACCESS EASEMENT THIS UTILITY AND ACCESS EASEMENT (her, 'nafter referred to as the "Easement") is made and entered into on this ~ day of , 2010 by and between IMPERIAL GOLF CLUB, INC., a Florida corporatio , whose address is 1808 Imperial Golf Course Boulevard, Naples, Florida, 34110 as Grantor, and 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, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, its successors and assigns, as Grantee. (Whenever 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 for utility and access purposes, over, under, upon, through and across 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 lands, excavate, and place or remove materials including, but not limited to, water, raw water, irrigation quality water, wastewater and sanitary sewer lines and pipes, and other equipment or improvements appurtenant thereto or thereunder, for the purpose of 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. Grantor reserves and excepts unto itself and its successors and assigns, all rights accruing from its ownership of the real property described in Exhibit "A" against which this easement is being granted, including the right to engage in or permit or invite others to engage in all uses of the same real property that are not inconsistent with the purpose of the easement being granted herein or hinder the use of the easement being granted herein. The Grantor shall maintain the easement described herein in a good state of repair at the sole cost and expense of Grantor, its successors and assigns. Grantee hereby agrees that it will indemnify and hold harmless Grantor from any claim brought or made for or on account of any injuries or damages received or sustained by any person or persons or property, arising out of, or occasioned by, the negligence of Grantee in connection with use of the easement described herein and/or any permitted equipment or improvements owned by Grantee within the easement granted herein. Grantee shall promptly repair at its expense any damage to the easement or any other property not owned by Grantee, caused by Grantee exercising its rights under this easement. In the event that Grantee causes damage to . the easement or any other property, real or personal, not owned by Grantee in the exercise of the privilege granted herein, Grantee agrees to restore the easement or property so damaged to its original condition at Grantee's expense. Notwithstanding anything contained herein, Grantor shall have no liability for maintenance or repair of any permitted equipment or improvements. THIS CONliE) Ar.Ct l<,l.Ct'PTb.. b\ .', 'L 80ARD OF COUNT':~JMM;SS,ON!:,RS COLLIER ,'j, 'N~' ~plC ", ?URSUA:, -, , IF RESOL', i ' ,~o / CJ -31 1 < 168 1 SKETCH OF UTILITY EASEMENTEXH (NOT A SURVEY) Page ~ Point Of Commencment COURSE BLVD. IMPERI~ G~)) - (100' WIDE Po ! 2' WIDE CONC. _ _ -c :-- -=::-- "- VALLEY GUTTER _E.~\~m~ ~ "- ,~ , " '-----. '-----. , " : ~ '" , , " , ~ '" , ", ~ \ , 8'HIGHCHAIN,\ ' ~ \ \ LINK FENCE ~ ~ ~ \ I . ~~NCRE.TE. .l,! \ \. ~ PADW/TANK . \ \ \ \ \ ~ CON~:~TE. " ANTENNA \ \ CONTROL PANAL PLAT NORTH UTILITY EASEMENT 26.1 SQ. FT. \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ -------- L_____________-\__t--- 1 -------l84032'36"W \ \30.00 .. ;\ '0 ~ CEtllERUtlE Point Of Beginning , \ JII I I \ \ ~ \ :c ~ \ ::!E ~ , I CONCRETE PAD W/ GENERATOR \ ~1NI~*l\i())1" ~M[FJ[1;lRIuLl\l GiDlll" ~UIIIfjl ~INI~" ~ ;.-. C..l = Della=3B'2S'39" Radlus=34.Sl' Lengtl1=23,lS' Chord Bearing=N24'40'13'W Chord=22.71' C..2 = Della=31 '22'42" Radius=34.511 Leng1f1=lB,90' Chord Bearing=SS9'34'24"E Chord=lB,66' EXISTING RIGHT.. OF-WAY LINE H ~ -0 ,....,m ~7\J -H ~> \0 r m~ In ~ 0 ~li'>r o :J: ." N -I ".!',", 't 0 0 . -n m ~ C ?<7\J ......(J\ m OJ r < CJ C'l ~ rn i!l z rn 00 '" i::> o:! FD I.P. (NO ID) LAT: 26'17'28.6" LONG: 81'46'48.6" COODINATES ACQUIRED FROM HANDHELD GPS UNIT NOT SURVEY GRADE GRAPHIC SCALE o 10 15 ~I 20 I COLLIER COUNTY Engineering and Environmental Service Department 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239-252-6885 Fax 239-252..6476 ( IN FEET ) I inch = 10ft. :@1HI~~r ~ ii:>>1F ~ Date: Project No: FileNo: 05/03/2010 IMPERIAL ~w .S.M. PER LS 5194 YOR -5/(3//0 SCALE: 1" = 10' 168 1 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ~e~'(Sign~e) ~^ ,. ~'~ 1~t''''('I\} u,.' , (Print or Typ~ ame) ~~~ IMPERIAL GOLF CLUB, INC., a Florida corporatio B hn Heistad, President /1808 Imperial Golf Course Boulevard Naples, Florida 34110 171i~ ?t.ru. (Print or pe NlITne) STATE OF FLORIDA COUNTY OF COLLIER -<' The foregoing Utility and Access Easement was acknowledged before me this-J:1 day ofJ "i'\.1.. , 2010, by John Heistad, on behalf of Imperial Gol Clup,l.nc., Florida corporation who is personally known to me or who has produced j. {'.lU)'-c>i loi iJZ. as identification. ". ,"" .".' /~ I" :-i -L - Ign~ of Notary PUbliC)! c,f)]J~ 0 I\. r (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) My Commission Expires: j/ Q, ('; .<) (')11 I (affix notarial seal) ilh.'-'Y-o 1'-/ J ~ --< ,-)' > ,,\_, Approved a. to form and legal sufficiency: '\~\-=:',\~ Jennatr B, White Aasi.tant County Attorney 2 168 1 DESCRIPTION OF UTILITY EASEMENT EXHIBIT Perle I of ..;1. COMMENCING at the intersection of the centerline of Imperial Golf Course Blvd.(100 foot right-of-way) (running east/west) and the centerline of Imperial Golf Course Blvd. (60 foot right-of-way) (running north/south) as shown on the accompanying sketch, thence, along the north/south centerline of Imperial Golf Course Blvd. South 05 degrees 27 minutes 24 seconds East, the distance of 86.06 feet; thence, leaving the said centerline and extending South 84 degrees 32 minutes 36 seconds West, the distance of 30.00 feet to the point of curve along the westerly right-of-way line of Imperial Golf Course Blvd.; thence, along the said right-of-way line and along the arc of a circle cuving to the left in a northwesterly direction, having a radius of 34.51 feet and an arc length of 23.15 feet, having a chord bearing North 24 degrees 40 minutes 13 seconds West and a chord distance of 22.71 feet to the POINT OF BEGINNING of the parcel of land herein being described. From said POINT OF BEGINNING and extending over lands now or formerly "Imperial Golf Club, Inc.", North 63 degrees 00 minutes 22 seconds West, the distance of 17.98 feet to a point; thence, continuing over the same lands, North 03 degrees 18 minutes 53 seconds West, the distance of 1.29 feet to a point on a curve on the aforementioned right-of-way line of Imperial Golf Course Blvd.; thence, along the said right-of-way line on the arc of a circle curving to the right in a southeasterly direction, having a radius of 34.51 feet and an arc length of 18.90 feet, having a chord bearing South 59 degrees 34 minutes 24 seconds East and a chord distance of 18.66 feet to the POINT AND PLACE OF BEGINNING. Containing 26.1 square feet of land, more or less. Bearings are based on the plat of Imperial Golf Estates, Phase Three, filed in Plat Book 13, pages 52 - 54, in the Public Records of Collier County, Florida. 5;'3/. COLLIER COUNTY Engineering and Environmental Service Department 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239..252..6885 Fax 239-252..6476 Date: Project No: FileNo: ~~[1;~1 ~ i())1" :1! 05/03/2010 IMPERIAL SCALE: No Scale A..atJ- Tv vA- ~ c.D',.Qi,.~ U>!~<tl LO /O-lif-iO ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 B l TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink pa~L Atlach 10 original d(.,,:umcnl. Original J\lCllJncnb should Ix hand ddiv<.'1"..:d to the Board On-ice Th~' c\impkkd routing slip and original docum.::ntr: ar... to \~ !~)r\\ard...d 11' Ih.: Hoard Otli<:<.' (.nly aft('c th<.' Bp:trd has lak,-"n adion on Ih.:: iWIiI < ROUTING SLIP Complete routing lines # 1 tln'ough #4 as appropriate for additional signatures, dates. and/or information needed. If the document is already complete with the exe .on of the Chairman's si ature,drawalinethrou routin lines #1 throu #4,carn lete the checklist, and forward to Sue Filson linc#5. (1be primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive sununary. Primary contact information is needed in the event one (lfthe addressees ahove. including Sue Filsofl.nc\,,"{i to contact staff for additional or missing information. All original document.. ding the Bee Chairman'~ signature arc to be delivered to the BCe office only after the BCC has acted to approve the """'. Name of Primary Staff Contact Agenda Date Item was roved b the BCC Type of Document Attached Route to Addressee(s) List in routin order Office I. 2. 3. 4. 5 Ian Mitchell, Supervisor, BCC Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable colulIUl, whichever is a riate. I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ssibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other ies exce t the BCC Chairman and the Cled. to the Board 3. The Chainnan's signature line date has been entered as the date ofBCC approval of the document or the fInal ne obated contract date whichever is a Iieable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ture and initials are r uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe s actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 2. -'Z-~ -I enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attome 's Office bas reviewed the chan s, if a licable. PLEASE scan under t!? in the BMR Real PropeJ1Y Folder, Thank you. ~)j~ JJtUd7>t.9 5'in:.s~f uL 2. 4. 5. 6. Initials Date lell (0 '5,;1-57/Q / b' b- I I Yes (Initial) N/ A (Not A licable) Cf1 cr Q1 O'EMNO.: FILE NO.: ROUTED TO: M'm,~k!lffiT) ._, '.' ~;~\ \ \ ),,~:t:1- ^" f".. I,\,' .~ ) REQUEST FOR LEGAL SERVICES 1681 DATE: October 14, 2010 TO: FROM: Robert Zachary, Office of the County Attorney DIAJ 101 J CJ JOAN M SMITH-TECM-RIGHT OF WAY RE: Golden Gate Project #60040 Parcel #369 BACKGROUND OF REQUEST: Please approve the attached Subordination from the City of Naples as to form and legal sufficiency. The City did not return our document, but rather printed it out on letter size paper... ...1 have, however, reviewed the document against the one signed by you and indeed it has not been changed. Please forward for signature on the attached "Pink Sheet" Thank you very much. J cc..-.rC2NZ- ItJ,lfr-/G ACTION REQUESTED: PROJECT: PARCEL: FOLIO: Golden Gate Blvd. (proj. No. 60040) 369FEE 40629000001 INSTR 4487104 OR 4616 PG 92 RECORDED 10/20/2010 1035 AM PAGES 5 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $44 00 SUBORDINATION OF EASEMENT INTEREST AND AGREEMENT FOR FACILITY RELOCATION THIS tbUBORDINATION OF EASEMENT INTEREST is given this /1-<<- day of ~ , 2010 by CITY OF NAPLES, a Municipal Corporation of the State of Florida, its successors and/or assigns, whose mailing address is 735 8th Street South, Naples, Florida 34192 (hereinafter referred to as "City"), in favor of COLLIER COUNTY, a political subdivision of the State of Florida, its successors and/or assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"). 1681 WIT N E SSE T H: WHEREAS, City is the owner and holder of that certain Deed of Easement by and between Robert A. Bojanowski and Barbara Bojanowski, husband and wife, and City, recorded on December 23, 1987 in Official Records Book 1317, Page 318, of the Public Records of Collier County, Florida (hereinafter referred to as "Encumbrance"), encumbering the premises legally described therein (hereinafter referred to as the "Encumbered Property"); and WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property a Road Right-of-Way, Drainage and Utility Easement over, under, on and across that portion of the Encumbered Property legally described in Exhibit "A", attached hereto and incorporated herein by virtue of this reference (hereinafter referred to as the "Easement"); and WHEREAS, County has requested that City consent to and subordinate its Encumbrance to the interest that Collier County has in the Encumbered Property, to which request City has agreed; and WHEREAS, County, in recognition of City's pre-existing interest in the Easement, is willing to pay for any future relocation of City's water line and any facilities associated therewith, and any future facilities from or within the entire area of the Easement, including, but not limited to, the cost of acquiring replacement easements on behalf of City should County, in its sole discretion, deem such relocation to be necessary as a result of present or future uses of the Easement by County or its successors and/or assigns; and WHEREAS, City shall have the right to enter upon the lands described in Exhibit "A" for the purposes of constructing, operating, repairing, expanding, improving and/or otherwise maintaining its water line and any associated facilities; and any future facilities; and WHEREAS, City agrees to repair any damage to County's facilities resulting from City's sole negligence while exercising its rights to construct, operate, repair, expand, improve and/or otherwise maintain its facilities with the Easement. 168 1 NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced are made a part of this Agreement; 2. City does hereby subordinate to County its Encumbrance within the Easement. Except as subordinated within County's Easement, said Encumbrance shall remain in full force and effect; 3. County shall pay for the relocation of City's water line, any facilities associated therewith and any future facilities from the Easement should County, in its sole discretion, deem such relocation to be necessary. The costs of said relocation shall include, but not be limited to, the costs of acquiring replacement easements on behalf of the City; 4. As long as City's facilities are located within the Easement, City shall have the right to enter upon the Encumbered Property for the purposes of constructing, operating, repairing, expanding, improving and/or otherwise maintaining its water line and associated facilities, and any future facilities. 5. As long as City's facilities are located within the Easement, City shall pay for any and all damage to County's facilities caused by City's negligence while exercising its rights to construct, operate, repair, expand, improve and/or otherwise maintain its facilities within the Easement. 6. As long as City's facilities are located within the Easement, County shall pay for any damage to City's water line, any associated facilities and any future facilities, which results from the construction, operation, repair, expansion, improvement, and/or other maintenance of County's facilities. IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first above written. AS TO COLLIER COUNTY: DATEq:C 10(r""lr", It) -"'~\ < ' '. ";'\ , ATTEST: ' OWl t E. aR9c~ Clerk , 'k BOARD OF COUNTY COMMISSIONERS COLLlERC:9~~TY, {~ORID~ Q j'..k ,G;:'j.'<;Z BY: ' FRED W. COYLE, Chairman t)"".,J~.C,lI~'~llty Clerk dbi1~tur'~ '0'0',. AS TO CITY OF NAPLES: DATED: /0 /11/10 I I 16B1 o unicipal Corporation ATTEST: .4ft t~ ~~ Tara A. Norma ,City Clerk STATE OF FLORIDA COUNTY OF COLLIER The foregoing Subordination of Easement Interest and ~reement for Facility Relocation was acknowledged before me this 81" day of c to/3~R ,2010, by 1!J I'LL /3a..ll.'ne.ff (Name), as Mayor of the CITY OF NAPLES, a Municipal corporatio/. of the State of Florida, who is personallv known to me or who has produced N If as identification. (affix notarial seal) J:J/~."" 7(. ((,~ ( gnature of Notary Public) ~tssklt J?~O'.tnikR.b (Print Name of Notary Public) ........:::...." JESSICA R ROSNERG [.'f'l~:~ MY COMMISSION' DO 849720 ~, i 1 EXPIRES: January 7. 2013 "'..:r,,iM. Bonded 11Iru NollIry PubNc U!klerwrttels Serial I Commission # (if any): no 8 ~'1.JO My Commission Expires: 11111.3 I I Approved as to form and Legal sufficiency: /), ':J' 'rvl~1J ' L\~ Robert D. Pritt, . City Attorney Approved as to form and '~7'~~~-' Assistant County Attorney ~ COASTAL ENGINEERING ~ - ~ CONSULTANTS lW1IlIlI IN C 1681 CECI Group Services Civil Engineering EXHIBIT 4 Page { of 2- Plonning Servk:es Survey & Mapping Coastal Engineering Real Estate Services A CECI GROUP COMPANY Website: www.coastalengineering.com PROPOSED RIGHT OF WAY TAKING LEGAL DESCRIPTION A PARCEL OF LAND, LYING IN TRACT 128 OF GOLDEN GATE ESTATES UNIT NO. 76 AS RECORDED IN PLAT BOOK 5, PAGES 13 AND 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 128 RUN S89040'50"E ALONG THE SOUTH LINE OF SAID TRACT 128 FOR A DISTANCE OF 350.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT 128 AND AN INTERSECTION WITH THE CENTERLINE OF EVERGLADES BOULEVARD; THENCE ALONG THE EAST LINE OF SAID TRACT 128 AND SAID CENTERLINE NOo019'10"E A DISTANCE OF 580.47 FEET; THENCE LEAVING SAID LINE N89040'50"W A DISTANCE OF 65.00 FEET; THENCE S00019'10"W FOR A DISTANCE OF 425.44 FEET; THENCE S45020'04"W FOR A DISTANCE OF 113.21 FEET; THENCE N89040'50"W A DISTANCE OF 204.93 FEET TO THE WEST LINE OF SAID TRACT 128; THENCE ALONG SAID LINE S00019'1 O"W A DISTANCE OF 75.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBE AN AREA OF APPROXIMATELY 62,309 SQUARE FEET OR 1.43 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FL~SINE THORlZATION NO. LB 2464 RICHARDJ. Ewi , V.P. . PROFESSIONA~ SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5295 . NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA . LICENSED SURVEYOR AND MAPPER CEe FILENO. 06.474 DATE OF SIGNATURE: S - /<;1 . / C> 3106 S. Horseshoe Drive, Naples, Florida 34104-6137 . Phone (239) 643-2324 Fax (239) 643- ] 143 . E-Mail: info'!J.1cecifl.com SERVING FLORIDA SINCE 1977 o o N o 00 o o~ If) W O-l <! U If] ~z II ~ w",'" ~f'-.,"- '" .W ZO~ wZ "- g!::: ~ o Z '" "'=>", . ,0 -"'0 WID f-f- U<(f- <( f- <( ","'--, f-w,,- ~ '-' z 'Z "" f- >-z ",,2 ",f- 0. ~o: ou '" f-W IO '-' -~ "'"" 0'-' ~~ o 0. o '" 0. 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"'0 u wx..... 0> Z'<("'l: Ou...COII ~ ~~ l; '0 ", >, w ~ ~ (!)~ ~i zz ~iii 1i::~ (.;10 ...Jw,--- Q..."O ~~5 ~~ cn_oo "'... O:;((!)Zu~.= OZOz(.;l~ ULUU_otJ: w > '" o ~c!; ~::; i;j~ i5;3 al .1;~ SHEET 1 (if 1 FILE NO.: 06.474 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 B 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the ex tion of the Chairman's si ature, draw a line throu TOutin lines #1 throu #4, co lete the checklist, and forward to Ian Mitchell ine #5 . Route to Addressee(s) Office Initials Date ist in routin order 1. PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending acc approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, need to contact staff for additional or missing information. All original documents needing the acc Chairman's signature are to be delivered to the acc office only after the acc has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b theBCC Type of Document Attached 2. 3. 4. 5. Ian Mitchell, Bce Supervisor Board of County Commissioners 6. Minutes and Records Clerk of Court's Office Phone Number Agenda Item Number Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is ro riate. I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerkto the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. Tbe document was approved by tbe BeC on' (enter date) and aU cbanges made during tbe meeting bave been incorporated in tbe attacbed document. Tbe Coun Attorne 's Office bas reviewed tbe cban es, if a Iicable. ~ I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 168 1 MEMORANDUM Date: November 22, 2010 To: Deborah Farris, Property Acquisition TECM Department From Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: FPL Subordination of Utility Interests & Agreement for Reimbursement for Additional Facility Relocations Project #99999 - Parcel 197FEE Attached for your records is the original document referenced above, (Item #16B1) approved by the Board of County Commissioners February 23, 2010. After recording please return the original agreement to the Minutes and Records Department where it will be held in the Board's Official Records. If you have any questions, please call me at 252-8406. Thank you. Attachment .( .., ..... '< PROJECT: #99999/Parcel 197FEE INSTR 4498864 OR 4626 PG 1427 RECORDED 11/23/2010 12: 10 PM PAGES 3 DWIGHT E BROCK ~~~~~fO~OUNTY CLERK OF THE CIRCUIT COURT This instrument P~ared l1Yi /Y\Jt:t" ~. 'JI~ Florida Power & Light Company P. O. Box 1119 Sarasota, FL 34230-1119 SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDmONAL FACILITY RELOCATIONS TIllS AGREEMENT, entered into this 24th day of Septemb~:!ZOIO, by and between COLLIER COUNlY, a political subdivision of the State of Florida, hereinafter called the "County", and FLORIDA POWER & LIGHT COMPANY, a Florida Corporation, whose mailing address is P. O. Box 14000, Juno Beach, Florida 33408, hereinafter called "Utility". WITNESETH: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the County; and WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of- way to prevent conflict between the County's use and the Utility's use, and for the benefit of each, and WHEREAS the County, in recognition of the Utility's interest in the certain lands, is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit nAn, attached hereto and made a part hereof, NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and the County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing. improving. maintaining and operating a road over, through, upon, and/or across such lands, based on the following: NATURE OF ENCUMBRANCE Easement FROM OR AGAINST IN FAVOR OF RECORDED BOOK, PAGE O.R. Book 926, Palle 756 DATE 6/26/1981 John T. Gallagher Florida Power & Light Comoanv The County and the Utility further agree that: I. "Public right-of-way", as used herein, shall mean that area which is described in Exhibit "A" and which includes the Utility's easements identified above and additional lands for public right-of-way, as described in Exhibit "A", attached hereto and made a part hereof. 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the public right-of-way described in Exhibit "An, in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right-of-way WIll be subject to pnor approval by the County. 3. The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located presently or to be located on the public right-of-way described in Exhibit "A", if such relocation or adjustment is caused by present or future uses of the right-of-way by the County or its assigns, including. but not limited to, the cost of acquiring replacement easements. 4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined in Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities. The County shall provide and insure access to said lands by the Utility. 168 1 ~(' 1:" _ . 5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage resulting from the Utility exercising its righ\s to construct, operate, maintain. improve, add to, upgrade or remove its facilities on the said public right-of-way. 6. This Agreement shall not be assigned by the County except to the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. AITEST: . DWIG~-.E:~Clerk ,:/'"::~~(:::\...~~.' " BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY '1uJ- ~ FRED W. COYLE, C Signed, sealed and delivered in the presence of: BY:~~~~ :~-~..~ PriMN1!/;l ~ FLORIDA POWER & LIGHf COMPANY By ~~~ Title: West Area Real Estate Print Name: Mark L. Byers (Corp. Seal) STATE OF FLORIDA, COUNTY OF SARASOTA I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared Mark L. Byers, to me known and personally known to me to be the person described in, and did not take an oath and who executed the foregoing instrument as the West Area Real Estate Manager of the Florida Power & Light Company and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation. WITNESS my..... "'" 01f";,1 ..., ;, ... Coonty "'" S"", _... lb. 10 ':: ~~ (affix notarial seal) dZ-- ~ (Signature of Notary Public) ~c M~~ NOIIr1'- (Print Name of Notary Public) Serial! Commission # (if any): My Commission Expires: Approved as to form and legal sufficiency: ~ AOIEIIWIEIIMK tit 0CIIII88l0N' 00101402 EXPIRES: IlIcInIllIrU"O ". !"'1"11Iw-,__ Assistant County Attorney FPL Subordination Agreement 16B 1 # . . '" "' ~ ~ ~ ~ ~ g .,., I ~l:i'O""'.s p~~~~ ~ .,....=:::Z-.rN ~ ~ Wl")~ '0 ~ ~~~ ~ " ,,~~o.:"- ~ ~~<g~ .~ """ !::tJ I-- i.J... g .. ... :::,.: Ul . 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'" Ul 10 I- ~~ If) III c" ~ "" F 15 XC) z w~ t;~ g ~;:~~~ wVl9:8Cl. :r:15J:a~ .....wlf)gjco ~iE~~t!l ~~~~~ -....~<('" I-"-..z;::o "'_01", en ~....~~~ ~ L.J~w.hg ~wVlS:CD< W W..q."oUl9 ~ lS j!:';::-o::~!5 a.. NlJ,..l-tnOii cO ';::-0 "'fa~ , n I- I- L5.....JCk:c o f') (fJ~iE<--'z Z f') ~"-a::o~;:' ~ o01i:~o o w",zo"-u o ~cow~~ffi CD u.. iE F>-,o::i en o~u..t-~5 Cl ....~oz c..> gs "-.. N5"'''- u ,.., w'u~o W tijF:a::wVl a::: wo",w(!)o -' ;::zwj<15 <( w<~oa..c..> g F.z~~g~ LL li...-I-t;..... s OI-lL.<~ I-"'OWO ~L5",,,,g u..iE';::-"'en O@5I-t!lo :gz"'~!5 Fw~a::~ a:: 2: w ..0::: @,,-iE~~ OLLOU ~~o"'E - 0 --I W U 0::: <( Q.. ~ o o < .. ~ J: U c:i C:i w ~ U w 5~ o '" vi '1- J:", U;:, .<.:> 0;:, .. < ~ .. <~ a:: < 00 z o ...... E-t ~~ ~ S='o t/) ~ t{) r:z::I~1I Qt/)~ ~<~ o <{ f-4~ 0::0 uZ E-t ~ t/) ~ 20' WIDE UTILITY EASEMENT (OFFICIAL RECORDS BOOK 1275. PAGE 225) ---------------------------- (0311VldNn) (6vL 30Vd 's>:>:>: >l008 SO~0::J3~ lVI::JWO) Z 'oN l3J~'v'd 16B 1 ;:: o ~ Ol o o:i '" 1681 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Atlaeh to origimll document. Original documents should hI: hand delivered 10 the Hoard Oflicc The completed routing slip and original documents arc to be forwarded to the Board Office only after the Board has lah::n Hction on lhe item.) ROUTING SLIP Complete routing lines #] through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exec lion of the Chairman's signature, draw a line throu h routin lines # I throu"h #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. "Itr ) to PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approvaL Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafT for additional or missing information. All original documents needing the Bee Chaimlan's signature are to be delivered to the Bee olTicc only after the Bee has acted to approve the item) 3. Name of Primary Staff SUE JIM ZIMMERMAN Phone Number 252-2622 Contact Agenda Date Item was February 23. 20 I 0 Agenda Item Number 16Bl Approved by the BCC Type of Document DONATION AGREEMENT Number of Original I Attached Documents Attached 4. Board of County Commissioners Yes (Initial) N/A(Not A licable) 5. Ian Mitchell, BCC Office S u ervlsor 6. Minutes and Records Clerk of Court's Office ~ I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.0304, Revised] .26.05, Revised 2.24.05, Revised 9.18.09 I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A"' in the Not Applicable cnlumn, whichever is a ro date. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and ossibl State OffiCials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exec t the BCe Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne 'otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's si nature and initials are required. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of Bce approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BeC's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on 01 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorney's Office has reviewed the changes, if applicable. 2. 3. 4. 5. 6. MEMORANDUM 16B1 Date: December 16, 2010 To: Sue Zimmerman Real Estate Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Donation Agreement Project: Roost Road-Fiddler's Creek Loop Folio #32433044863 Attached please find a copy of the document, as referenced above (Agenda Item #16Bl), approved by the Board of County Commissioners on Tuesday, February 23, 2010. The Minutes & Records Department has retained the original for the Board's Records. If you should have any questions, please contact me at 252-8411. Thank you. Attachments 1681 PROJECT; Roost Road-Fiddle(s Creek loop FOLIO: 32433044863 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between GB PENINSULA, LTD" a Florida limited partnership, in its capacity as debtor-in-possession. in jointly administered Case No. 9:1G-bk-03846 United States Bankruptcy Court Middle District of Florida (hereinafter referred to as "Owner"). whose past office address is8156 Fiddler's Creele Parlcway, Naples Rorida 34114,and the aoARD OF COUNTY COMMISSIONERS OF COWER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COUIER COUNTY WATER-SEWER DISTRICT. (hereinafter referred to as "County"). whose mailing address is 3301 Tamiami Trail East. Naples, Florida 34112. WITNESSETH: WHEREAS. County has requested that Owner convey to the County a perpetual. non- exclusive utiRty easement for utility and maintenance taciUties purposes and access over, under. upon and across the lands described in Exhibit "A" (said utility easement hereinafter referred to as the "Property"). which is attached hereto and made a part of this Agreement; WHEREAS. Owner desires to convey the Property to County for the stated purposes. on the terms and conditions set forth herein; and WHEREAS. Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes. on the terms and conditions set forth herein. said terms including that no compensation shall be due and payable for the Property requested by County; and NOW. THEREFORE. in consideration of these premises. the sum of Ten Dollars 1$10.(0). and other good and valuable consideration. the receipt and sufficiency of which is hereby mutually acknowledged. it is agreed by and between fhe portles as follows: 1. Owner shall convey the Property via an Utility Easement to County at no cost to the County. unless otherwise stated herein. 2. Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however. that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed. which either remove. release or subordinate any and all such liens. encumbrances or qualifications affecting County's enjoyment of the Property. 3. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 4. Owner represents that the Property and all uses of the Property have neen and presently are in compliance with all Federal, State and local environmental laws; that no hazardous substances have been generated, stored. treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no Ienowledge of any spill or environmental law vlolotlon on any property contiguous to or in the vicinity of the Property to be conveyed to the County. that the Owner has not received notice and otherwise has no Ienowledge of oJ any spill on the Property. b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage. treatment. spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 5. The County shall pay for all costs of recording the conveyance instrument. and recording costs for any curative instruments, in the Public Records of Comer County, Rorida. All other costs associated with this transaction shall be borne and paid by County. The cost of a title commitment shall be paid by County. 6. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon This ConveYl!nce Approved Ell( The Board Of County Commiealoners. . Collier County t'lorida, Pursuant To Atlen1a ,J Date:6/IJ3/IC"ltemNo: 1001 c:". Jl 1 the parties hereto and their respective heirs, executors, personal representatives. successors. successor trustees, and/or assignees, whenever the context so requires or admits. 7. Conveyance of the Property by Owner is contingent upan no other provisions. conditions, or premises other than those so stated above; and the written Agreement. including all exhibits attached hereto, shall constitute the entire Agreement and understanding ot the parties, and there are no other plior or contemporaneous written or oral agreements, undertalcings. promises. warranties, or covenants not contained herein. 8. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties have caused these presents to be executed as of the dates set forth below. DATE ACQUISITION APPROVED BY BCC: Resolution 2010-39. AS TO COUNTY: DATED:)' i,llt: , BOARD OF COUNTY COMMISSIONERS COLLIER C;OUI::lTY. flORIDA ^'~)' BY: ,l'\.J,JL" tj'.,/ (07'.";_", "'.>1 "J;;' FRED W. COYLE, Chairman ,,' . ....."<.i' AS'lQ.9.~" DATED: Il1)':> WITNESSES: GB PENINSULA, lTD., a Florida limited partnership, In its capacity as debtor-in-possession. in jointly administered Case No. 9:10-bk-03846 United States Bankruptcy Court Middle District of Flor1da ~ ' ~ ~__ -y)( J. 0- II ~ Wi ness (Sianature) Name: ~lL~" Ai: \"t,. (Print) ess~lgnat r~} . f e:' L. (Print ation By: sident and not Approved as to form and legal sufficiency: S;1)~~ Jennifer B. White Assistant County Attomey __~__~ _______ _~ _ '.:V,lO"OlSf-8\"AW\IiV:J).J [";OCCJ' aiQ7 ",un'"' (' I ct.\L.1iO j,i ,~d ,! !~~ ^ -- f~!~ ~~T1~_-11 b 1 ~~~h,~~~~,~~i'i~~~::,~~~"'~ 'i:~~;;j V) 110 ~~~ ,,~~ ~,p>t;;~~~i: ~~"'\.>~1!~1 "''' ~~ilj '^ ~ V ~:;~ i~~'ti;t~~~ :~~ ~~];;~'''''' h ~:.t~ ;I '"' , it"'N ~""~~~"OI: a;;-, "'t~"Clial ;:Q , ...: ~ <! I "15 ~iS:.!i:-:> ,,::<;,.~,,;!;di;]~ ~~ il>!Q; l1 S, , 1---- ~..~ ~~~~I~::;~i3'''~:li''::;~<;;~<s: ~~ i~~ ~ ~ ~ ~~8 ~_~~ ~~~~~"",~'~~1j~~ ~.. 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I, ,I 1'- in ~ ;~;.<-'; I -" '" " .,~ ~ 'I I i I , <:",J'-).;"I:} I -(-;) " <l:I f:l r I~~~ !~~'JI'il I,! 1.- '" "._~~I~j.'~L~I.".I.J -----'--- -~ .~,~ ~L" , ~I, ~__.L_L__ __ _" ~ ~_L 'J~.1 3 EXHIBIT ;\ "~v.-Lol:::C:: '---" ORIGINAL DOClJIVlE.NTS CHECKLIST & ROUTING SLIP 1 68 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Prinl on pink paper. Attach to original document. Original d{)Cll1llenl'i should be hand ddiven:d to tile Bmud Office The completed routing slip and original documents ar~ to be forwarded to the Aoard Office only anel~ tile Board has t<lkcn action on the itell1.) ROUTING SLIP Complete routing lines # 1 through #4 a~ appropriate for additional signatures, da{e~, and/or information needed If the document is already complete with the exception of the Chairman's signature, dn~:,,- a line {hrau h roulin Illles_~rough_~3, complete the checklist, and fO.r\vard to Sue Filson (line #5) Route to Addressee(s) Office Initials Date (1_ ~t in routing order) 1. (Tho<:; primary contact is the holder of tile origillal documeTl[ pending uee: approvaL Normally the primary contact is the person who created/prepared the executive summary. Primary contact inform<ltion is needed in the event one of tile addres,'ices above, including Sue Filson, need [0 contact staff for additional or missing information_ All original documents needing the ACe Chairman's signalUle are to be delivered to the nee ot1lce only after the Bee has acted to approve the item.) Name ofprimary Stall Contact Agenda Date Item was Ap roved by the Bee Type of Document Attached 2. .-- 3. 4. 5. Ian 1 flee Supervisor 6. Minutes and Records Board of County Commissioners Clerk of Court's Office I'IUMARY CONTACT INFORMATION .._.-:::;;::~---- , .J.>t 6iEt.rJ w :z,/z 5/2010 Qf~~ ">""-"-;0,...) /}6,n7 Phone Number Agenda Item Number Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate. _ J. Original document has been signed/initialed for legal sufficiency. (AI! documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includcs signature pages from ordinances, resolutions, etc. signed by the COllnty Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCe Chairman and Cle.!:.~_~?.!.~~J~~~rd and possibly Stat~ Of1Ici~~) _~___________ All handwritten strike-through and revisions have been initialed by the CountyAttorney's Officc and all other parties except the Bee Chairman and the Clerk to the Board 3. 1'h~ Chairman's signature line datc has-b~~~-~~~i;-r;j as the date o7B-Ci:-~-pp;';;~~J Oflht' ?ocument or the fInal negotiated cont_:i1~~_~~.t~.__~v.hj_~}_l_~.~cr is _aPl?_~~~~~l,e~____ 4 "Sign here" tabs are placed on the i.lppropriate page::; indicating where the Chairman '5 __~gnatl!re and initi?]s arc reguired. ____ -'____.____.._. _ _.~______~____.____ 5. In most cases (some contracts arc an exception), the original document and this routing slip should be provided to lall Mithchell in the Dee office within 2L\ hours of nee approval Some document.s ,tl'C time sensitive and require for\\'arding to Tallahassee within a certain time fr,Ene or the Bee's actions arc llulJifltd. Ilc.,:t..'arrl/YOUf deadlines' L' CJ - -- -'j~~~~-~[I C ~t--~;~-;;J;I; ~~;~~~(-I--i;-);--ii~.-ii'(-,:(: ~;'J~_ ~/HI(?!=(;; [te r"ZI';1 t e) .1 II (i a II -~l;~~-~g~~--' miHk during the Illceling have been incorporated ill tht attached documcnt. The _ __\.~u~l!:.LAt.!~I~'S ()1I.!.c.~h,.!.s J_e~.!!_~!.l(l the cll.llIgl'S, 1~~pE.h(ahlc _ ___________________ 7-/9 0" 3 / te.~/ / Yes (Initial) N/A (Not A licable) r cr 1=-- ; liifllL~/ l'oullly hlJlllsi !lee hHlm/ Uligini,] J)()lLll1ll.:lIlS POlltill?, Slip \VWS Urit;ill:i1 i)OJ,(H, !<'.(:viSt:(l 1)6_05, JZ<:l'i_~cd '} 2'\05, 1{t:vi~L:d (J.180:J 168 1 MEMORANDUM Date: February 9,2011 To: Gary Bigelow, Property Acquisition Specialist Facilities Management Dcpartment From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Donation Agreement Attached is a copy of the Agreement referenced above, (Item #16B1) approved by the Board of County Commissioners on February 23, 2010. The Minutes and Record's Department has retained the original Agreement to be kept in the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. Attachment (I) PROJECT: Regal AcreslWest Wind Water Distribution Loop FOLIOS: 69060901944 & 69060901960 168 1 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between HABITAT FOR HUMANITY OF COlliER COUNTY, INC., a Florida non-profit corporation (hereinafter referred to as "Owner"), whose mailing address is 11145 Tamiami Trail East, Naples, FL 34113, and 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 (hereinafter referred to as "County"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112; WHEREAS, County requires a Temporary Construction Easement over, under, upon, through and across the lands described in Exhibit "A" attached hereto and made a part of this Agreement, (hereinafter referred to as the "Temporary Easement Area") for temporary staging and construction of utility facilities; and WHEREAS, County requires a perpetual non-exclusive Utility Easement over, under, upon, through and across the lands described in Exhibit "B" attached hereto and made a part of this Agreement, (hereinafter referred to as the "Permanent Easement Area") for purposes of constructing, operating, maintaining and accessing utility facilities within said Permanent Easement Area; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Temporary Easement Area and the Permanent Easement Area (hereinafter collectively referred to as the "Property") to County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Temporary Easement Area via a Temporary Construction Easement to County at no cost to County, unless otherwise stated herein. 2. Owner shall convey the Permanent Easement Area via a Utility Easement to County at no cost to the County, unless otherwise stated herein. 3. Closing shall occur within sixty (60) days from the date the County executes this Agreement; provided however, that the County shall have the unilateral right to extend the term of this Agreement. 4. Owner agrees to convey the Property for the purpose of accessing, staging, constructing, operating and maintaining utility facilities upon the Property. Upon completion of construction, the County shall restore the surface of the Temporary Easement Area to the condition existing prior to the commencement of construction. 5. Owner is aware of and understands that this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to County; that Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to County; that Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. 7. County shall pay for all costs of recording the Temporary Construction Easement and the Utility Easement in the Public Records of Collier County, Florida. All other costs associated with this transaction shall be borne and paid by County. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and assignees whenever the context so requires or admits. 168 1 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates hereinafter stated. AS TO COUNTY: DATED :J./~/'2D11 ~~~;'~~~CK, Clerk ," :':.'" ~'iy~~~ es1.,.\!flplb\il~ , 1i.9QAt\il". .,~. 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 By: ~w~ FRED W. COYLE ,Cha an AS TO OWNER: DATED )...-::s -\ \ . HABITAT FOR HUMANITY OF COlliER COLLIER COUNTY, INC., a Florida non-profit corporation Wit ss ( igna ur ) Name:~ (Print or Type) :J:::t::f::v Name: ~JU1 "?v~D,v (Print or Type) By:~:{'i~/~ " Nick K oheras, Vice President Approved as to form and legal sufficiency: \:.~iJ~ d Jennifer B. White Assistant County Attorney /lem# Irnf3{ ~~a~(} ~~~d ~( 168 1 ., EXHIBIT A Page I of 'Z.o [Q) [E~~ [R1 ~ [F)lJ~ (Q) [N] 30 FOOT WIDE TEMPORARY COUNlY UTILIlY EASEMENT FOR CONSTRUCTION COMMENCING AT THE SOUTHWEST CORNER OF 'REGAL ACRES' IN PLAT BOOK 49, PAGES 87 THROUGH 90 IN THE PUBLIC RECORDS OF COLLIER COUNTY SAID POINT BEING ON THE WEST LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 51 SOUTH AND RANGE 26 EAST AND RUNNING AlONG THIS LINE AND THE REAR LINE OF LOT 90 OF 'REGAL ACRES', NORTH ooo33'OO'EAST, A DISTANCE OF 52.72 FEET TO THE POINT OF BEGINNING OF A 30 FOOT WIDE TEMPORARY COUNTY UTILITY EASEMENT FOR CONSTRUCTION; THENCE FROM SAID POINT OF BEGINNING AND AlONG THE SAID LINE NORTH 00033'00' EAST, A DISTANCE OF 30.00 FEET; THENCE LEAVING THE SAID LINE AND EXTENDING OVER LOT 90, SOUTH 89053'53' EAST, A DISTANCE OF 63.80 FEET; THENCE CONTINUING OVER LOT 90, NORTH 46014'59' EAST, A DISTANCE OF 108.51 FEET TO A POINT ON A CURVE ON THE SOUTHWESTERLY LINE OF MAJESTIC CIRCLE (TRACT R-1) (60 FEET WIDE); THENCE AlONG A NON-TANGENTIAL CURVE TO THE LEFT, CONCAVE TO THE NORTHEAST. HAVING A RADIUS OF 85.00 FEET, AN ARC LENGTH OF 30.16 FEET, HAVING A CHORD BEARING SOUTH 44043'11' EAST AND A CHORD DISTANCE OF 30.00 FEETTO A POINT ON THE FRONT LINE OF LOT 91, 'REGAL ACRES. THENCE LEAVING THE SAID LINE OF MAJESTIC CIRCLE AND EXTENDING OVER LOT 91, SOUTH 46014'59' WEST, A DISTANCE OF 121.10 FEETTO A POINT; THENCE CONTINUING OVER LOT 91 AND OVER LOT 90, NORTH 89053'53' WEST, THE DISTANCE OF 76.11 FEET TO THE POINT AND PLACE OF BEGINNING. CONTAINING, 5515,5 SQUARE FEET OF LAND. BEARING ARE BASED ON THE PLAT OF 'REGAL ACRES'IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 49, PAGES 87-90 "i , " ..,.... t,'" " . ~," . " :Cf' " , I " \ I I, '6{ 1/::" ~ I, .\", ~'. ...... , , COLLIER COUNTY 30' WIDE TEMPORARY C.U.E. Engineering Service Dept. Growth Management Division Planning and Regulation 2800 North Horseshoe Drive, NapIes Florida 34104 Phone: 239-252-6885 FWt 239-252-6476 Date: Project No: File: SCALE: 12-16-2010 201069 REGAL LEGAL NONE ~1Hl~~1 ~ (Q)IF ~ REVISED JAN. 18,2011, CORRECT PROPERTY LINE BEARING ~ ~ = F @, = (Qb g r@J I!J1J] [Q) ;p ~ ~--- ~i- ~~- ~~- g~- g..... ~ ~ F JS g F I!J1J] ~ r@J 4A ~- !:;:O ~~\ x~ w~ /< /;,,, " 't'~ '{>.' .....,.., ,...' "C> - , ~ " ,I- , ,,0 " ..p'~','.....I " ~~ V~~\~,rP ~.. '~~ '~~ ',~" ", o ~..~, ~ ", ~ .~, ~ b '~cr. ' .....I ':r..,.. '. " 'Jl..' ,= , ..".., 1.0 \ ' ," lilt "- &ii i ~ I I I \ - - ~r --- -i~ - ~ "I I I -\- f ~ =~~ == =r =- - ~ -&1- _ -1 _ ~, r- I ',Zl'Z5 3 .oo,EE.OON w ~ U ;;r c:t. ~ tj _ i u &d 1= It; ~ V)<:J w ~~ .., Q < { ~ I. ~ I:l '" n~i; 8BBiS \ \ \ ~ ao .q I- 0 9 "'~ Id 00 oJ ~ ~ o .... \ \ l5~i~ ~l;;~;j! d~i ~~15l5 II I I I i!hlM I, ~ !IM!!!III ~ B~~~~~~~~a~1 In ~ I- o .....I I I ~ I I Po. ~ 'Ot ~ I- o .....I b .... P) ~ I- o .....I / I / / N ~ I- o .....I " " ~ .... .... .... ,00'0[ 3.00,EEoOON ~ ~. ~ ~ O~~i 1:5, ~~ ; ~~~ :~ \~il U ~"I ~ ~~ ~!:1 0 ,0 '(}g -I I I I I I I I '-. " Cl z b ~ (t) III ~ II ~ ~ ~ ::i ~ ~ 0- t3 II!! a: 8 I:: o II w :~ :jC I U..... >- I:: I ~ ~ I ~ g> ....j I ~ ffi;! ~ I ~ ~ - w I ~ ~ 1~.. ~ ~ .., ~ ,......." W ~ C!) ..... ~ if a:: 00 . i'l_, - ..... -" lit I:: rt;q ~ OOZd,.. ., :.;::::I "rf') Q C ~ tV!l!N Z m tJj ~ .~ 2> a ~ .! ~ ~ :::> Q) c::: 8::J J: ~ OCJ)"Cl~ U ~I:: f;l 0 c::: '1:: tV :I: N ...... W Q)~.s~ ~ ....1- Q).- !; N I I::l::z.. r-- 5 .~ ffi 8 1i M ~ u wa.. ~lf 15 .... II I II II II III III I , _..~',:.," . II ;n Ul ..... " .,>, ,. . \J;." , .- d I I , ~ I III ~ ~ I II ~ ~ I " ,. 'w CD . .~ ~I ~~ ffi~; ~l5~ I....... u ~S ~ ~~ iil ~ ....:l <I:: ~ u if] u ~ ........ ::r:: 0... <I:: 0:: Cj .,J ~ - I!&. ~g (Q) r.. II i5.c: ~ " ~ ,s IJ= .... [\!j] [\!j] df:: WJ o EXHIBIT B ~.Il. I of 2- [Q) ~ ~~ [R1 ~ [F>>tr ~ (Q) [M 20 FOOT WIDE COUNTY UTILITY EASEMENT (C.U.E) COMMENCING AT THE SOUTHWEST CORNER OF 'REGAL ACRES' IN PLAT BOOK 49, PAGES 87 THROUGH 90 IN THE PUBLIC RECORDS OF COLLIER COUNTY SAID POINT BEING ON THE WEST LINE OF THE SOUTHEAST 114 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 51 SOUTH AND RANGE 28 EAST AND RUNNING ALONG THIS LINE AND THE REAR LINE OF LOT 90 OF 'REGAL ACRES', NORTH oo'33'OO'EAST, A DISTANCE OF 57.72 FEET TO THE POINT OF BEGINNING OF A 20 FOOT WIDE COUNTY UTILITY EASEMENT (C.U.E.); THENCE FROM SAID POINT OF BEGINNING AND ALONG THE SAID LINE NORTH 00033'00' EAST, A DISTANCE OF 20.00 FEET; THENCE LEAVING THE SAID LINE AND EXTENDING OVER LOT 90, SOUTH 89053'53' EAST, A DISTANCE OF 65.85 FEET; THENCE CONTINUING OVER LOT 90, NORTH 46014'59' EAST, A DISTANCE OF 109.8T FEET TO A POINT ON A CURVE ON THE SOUTHWESTERLY LINE OF MAJESTIC CIRCLE (TRACT R-l) (80 FEET WIDE); THENCE ALONG A NON-TANGENTIAL CURVE TO THE LEFT, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 85.00 FEET, AN ARC LENGTH OF 20.05 FEET, HAVING A CHORD BEARING SOUTH 44042'41' EAST AND A CHORD DISTANCE OF 20.00 FEET TO A POINT ON THE FRONT LINE OF LOT 91, 'REGAL ACRES. THENCE LEAVING THE SAID LINE OF MAJESTIC CIRCLE AND EXTENDING OVER LOT 91, SOUTH 46014'59' WEST, A DISTANCE OF 118.25 FEET TO A POINT; THENCE CONTINUING OVER LOT 91 AND OVER LOT 90, NORTH 89053'53' WEST, THE DISTANCE OF 74.06 FEET TO THE POINT AND PLACE OF BEGINNING. CONTAINING, 3671.7 SQUARE FEET OF LAND. BEARINGS ARE BASE ON THE PLAT OF 'REGAL ACREsolN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 49, PAGES 87-90, lU I 11'0 (" -" \\1 , ,>"', <1- " - ,~;., 0' ( . ... 'I l l() . :~;'i L~l i ~ :':.;, () I, . .......,:, ,.' 0"- fI'C,' I . . ", (;) " c~}}/. t . .: . , "~I , " " ':. i , " COLLIER COUNTY 20' WIDE COUNlY UTILIlY EASEMENT Engineering Service Dept. Growth Management Division Planning and Regulation 2800 North Horseshoe Drive, NapIes Florida 34104 Phone: 239-252-6885 Fax 239-252-6476 Date: Project No: File: SCALE: 12-16-2010 201069 REGAL LEGAL NONE 5ilHlrErEl ~ (\))[f ~ REVISED JAN. 18,2011, CORRECT PROPERTY LINE BEARING ~ (Q) = [}= @" = [Qb g w [illJ] rQ) ~ ~ ~~ ~i- ~~- (Q)~- g~- g ~ (Q) [}= ~ g [}= [illJ] ~ w ~\~\ \-'0 ~~I x~ w: C) z I- l5 b ~ II !~ lZ~ II ill II:)~ -2 >- co.... a t I!Z~ ~ w~ I ~ ~ 1~.. ~ ~ 0'" ,....." w c> ~(!) "'~rea:: :$ ,I'l_. _ - -" o c. e:: Iir~ ~ IN \I) ,0 Z Q.," ..., I C:+:Iu"(f')z" 0 ~co>'" m ~ ~ '~ ~ is ~ .! ~ ~ I ~ Q)O:: 8::;l!: ~ ~ Q(/)-cle:;: - -I I (.) Ole:: '" 0 I 0:: ,~ co :I: ~ .... w Q)Ol-S~ ~ I l::i ~ .~ ~ ~ rh I a 'g> ~ 8 8 .. ";- (.) wa.. ~f ~ ~ I II ~~~~ "" I III /' ~ o~" '" ~ I III; "'~","". ~ " " Il \ 000 I- 1..\ \ "'\otfi\~cP~, ~ g If:, L: \ ",~\ .1: I:I'~' ~ \ ~...lb ~{~ ~ g~1111 I- ~ \ ~ ~ 9 ! 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I!J!JI I!J!JI db ~ I'il >-4 < ~ U ~ [f) U >l >-< :::r:: P-. < ~ Cj 'w CD ' .:;;) Ou ":15 I ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ~ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO L{ I\"} I ( THE BOARD OF COUNTY COMMISSIONERS OI?FICE FOR SIGNATURE V\ Print on pink papt:r, Attach to \lriginal thKUmcnt ()riginai dmlllllcnt.'i ~i1\)UliJ he hane delivered \d ih!.' p"lard Ol1iC\:_ rhe compktcJ wuting slip andl) iginal dlll.:umcnts arc (0 be forwarded to the Hpard Olliec only !!:fter thl.: HO~~~~I'N(;O~L~~ Ih m ~ " B Complete routing lines # I through #4 as appropriate for additIonal signatures, daleS, and/or infonnation needed. If the document is already complete Wit~ 1 exceDtion of the Chairman's signature, draw a line throuph routing lines # I throuph #4, comnletc the checklist, and torward to Ian Mitchell (line #5). Route to Ad~)ressee(s) Office Initials Date I lList in routin!! order L ,'-- __-0 ,,,._,-~--_._..,. ...--. -..,...... "..-..,.,....,.-... .... .--.." .._... .-......_--_. - ----- , ~. .~.____'M_._._ - , '.,. . --"'- ., . , - 2. \ '. I. . , - c- . 3. , . I '. 4, \ .' ,,, - _'._.,M e'._.._""____ ~.., .,.,_~. '- \ \ -,'''.'- ---'_.~- ..,.--- - -.,,,- - ' -,._.".-~._--- -.-.""- '\;N--,,"~-- ; n 5. Ian Mitchell, BCC Supervisor Board of County Commissioners [/ A 11'bf f \ ..) 6. Minutes and Records Clerk of Court's Office (The primary contact is the holder of the original document pending llee approval_ Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the evenl one of the addressees above, including lan Mitchell, need to contact staff for additional or missing information. All original documents needing the Bee Chaim18n's signature arc 10 be delivered lo the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached PRIMARY CONTACT INFORMATION ".I.'i, + .; , J:j i Phone Number " v ' l-I! -(/lid ill c/ .)i r.;n be I (f I ) I J ( -I '( x( I, Agenda Item Number l {,;5/ (iLt' Sr. c<N( (/ t -"0 -YI .-' // i I Number of Original Documents Attached Yes (Initial) N/A (Not A Iicable) L INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a TO nate. Original document has been signed/initialed for legal sufficiency_ (All documents 10 be signed by the Chairman, with the exception of most letters, must be review"d and signed by the Office of the County Attorney_ This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc_ that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl Stale Officials_) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCe approval of the document or the tinal TIe 'oHated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where Ihc Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the Bce office wilhin 24 hours of BeC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! Tbe document was approved by the Bee on) -.;;, L(enter date) and all cbanges made during tbe meeting have been incorporated in the attached document. Thc Count Attorne '8 Office has reviewed the chan es, if a licable. ---I' /.t''",. , .;p1"'- .".- /1' 2. 3_ 4. 5. 6_ /i t ( I: Forms! County Fomls/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Kt:viscd 1.26.05, Revised 2.24.05 PROJECT/PARCEL: 99999-197FEE Utility Release 1681 INSTR 4548608 OR 4671 PG 2024 RECORDED 4/1312011 302 PM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $35.50 INDX $1.00 SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this !It!z. day of /-I-I'r/' / , 2011, by and between COLLIER COUNTY, a political subdivision of the S(ate of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112, (hereinafter referred to as "County"), and EMBARQ FLORIDA, INC. d/b/a CENTURYLlNK, fka SPRINT- FLORIDA, INCORPORATED, successor by merger to UNITED TELEPHONE COMPANY OF FLORIDA, a Florida corporation, whose mailing address is 600 New Century Pkwy., Mail Stop KSNCAA0133-RETA600, New Century, Kansas 60031 (hereinafter referred to as "Utility"). WITNESSETH: WHEREAS, the Utility has an interest in those certain tracts or parcels of land lying and being in Collier County, Florida, more particularly described and set forth in Exhibit "A" attached hereto and made a part hereof (hereinafter collectively referred to as the "Property"); and WHEREAS, the County has determined that this Property is suitable and appropriate for road right of way, sidewalk, utility, drainage, slope and maintenance purposes; and WHEREAS, the County's proposed use of the Property for road right of way, sidewalk, utility, drainage, slope and maintenance purposes requires the subordination of the interest in the Property by the Utility to the County; and WHEREAS, the Utility is desirous of consenting to the subordination and the relocation of its facilities within the Property, if necessary; and WHEREAS the County is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Utility and County hereby agree as follows: 1_ The Utility hereby subordinates any and all of its interest in the Property (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors and assigns, for the purpose of constructing, improving, maintaining and operating road right of way, sidewalk, utility, drainage, slope and maintenance facilities over, under, through, upon, and/or across said Property, including, but not limited to the claim of interest based upon the following: NATURE OF DATE FROM OR IN FAVOR OF RECORDED ENCUMBRANCE AGAINST BOOK-PAGE Easement September Champagne United OR Book 1297, 23, 1987 Fritchey Partners Telephone Page 1567 Company of Florida EMBARQ SUBORDINATION OF UTILITY INTERESTS Last Revised 10/15/10 1681 2_ The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and/or relocate its facilities within and upon the Property in accordance with the County's minimum standards for such facilities. Any construction or relocation of facilities within the Property will be subject to prior approval by the County_ If the County requires the Utility to alter, adjust, or relocate its facilities from or within the Property, the l B County hereby agrees to pay the reasonable cost of such alteration, adjustment, or W relocation, including, but not limited to the cost of acqujring appropriat~easements) o-"'-~ ~.~ I,.) ; II ~I'~&- Ltf,'/; fy 90 dt:l.vJ wr,'fk;, IIAt/ec. 1ts ..e/llCA-fc +<u,; I;/' c.f . r 3_ The Utility shall have a reasonable right to enter upon the Property for the purposes outlined in paragraph 2 above, including the right to trim such trees, brush, and growth which may endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities_ 4. The Utility shall repair any damage to the County's facilities resulting from the exercise of its rights as outlined in paragraphs 2 and 3 above. 5. These terms and conditions shall be attached as an addendum to that permit, if any, required by the County for location of the Utility's facilities within the Property, 6. This Agreement shall be assignable only to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST:", "'I;r _~.. \ DWIG~-E;'BROCK.fle~~ ,', ,~C Itu to lerk ltir.tllre llAcl~'. ~ . ) ~igned, '~}~d~~~elivered In our presence as witnesses: BOARD OF COUNTY COMMIS COLLIER COUNTY, FLORIDA BY:~ FRED W COYLE, Chai an NERS .b~\,- (1", _____ WITNE (Signature) Name: \~"~e\;K\c.\ie, .' ~p~int _ Type) .,,) .- ~ ~?-~7,~~~ ESS (Signature /7 . / Name: //11u //1, /0,SScJ.n (Print or Type) EMBARQ FLORIDA, INC, dba CENTURYLlNK, fka Sprint Florida, Incorporated, successor by merger to United Telephone Company of Florida, a FI ida corporation, By: EMBARQ SUBORDINATION OF UTILITY INTERESTS Last Revised 10/15/10 1681 STATE OF ~ In. 'eI.... COUNTY OF ~r"""""d "'_ The foregoing Subordination of Utility Interests was acknowledged before me this 5 I s r day of ,. <-'-- ,2011, by (:;I." "'^^f .:[3" {~'''-A.. _ (Name), as '", r- _ (Title), of E~ARQ FLORIDA, INC, dba CENTURYLlNK, fk Sprint-Florida Incorporated, successor by merger ,toJ.!nited Telephone Compan)l;of Florida, a Florida corporation, who i ersonally known to m~ or who has produced l!.ofY'p'~---JJ> as identificatio . /,"1' - ~ ~~~ N~P~~~?~&7~~ --r;;;a jY/. /57/5S{)n (Print Name of Notary Public) (affix notarial seal) llna M. Blsion Notary Public State of Florida My Commission Expires 03/06/2015 Commission No. EE61413 Approved as to form and legal sufficiency: Serial I Commission # (if any):,..c r:: (P/lf!.3 My Commission Expires: 31 (p / ,;;{(J/.5- c __ \J\~---U~ '-/ ::> ~ IV ,\) \ Pi. tL ~ _'^"" \ \ -r t Assistant County Attorney EMBARQ SUBOROINATION OF UTILITY INTERESTS Last Revised 10/15/10 PARCEL No.2 (OFFICIAL RECORDS BOOK 3338, PAGE 749) (UNPLA TTED) ----------------- !=' " ".:r f'> ". o o "1 '" '" o "" u< ;lJ o :E ----------- (!lOll 3~Vd '~LZl )1008 SOHO:)]l::I lVI3l::I..,jO) lN31"f3S\f3 ),llllln 301M ,OZ ~ CI.l @ t-3 Z(J 0::I: (/) >-30 " )> r >~ '" , CI.lt:l II C:t:r::l (J1 ~CI.l 0 ~Q ~~ >-3 - 0 Z o ~ ." 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(fJ ~g'TJ-i ~ g ~S)>~~ s: ::tJ<~'-J o' "'6~c;J o ~)>C- !:':l s, " Vi rrJ ::t::;: ~ ;) -j>. Z t::;:: '::3 ~ ~;:;:,,~~c:s ~ 0':- J or '" I '-" :? U< t-< '< 6 ~ I ~ ~ [ . r_ fTl ;;jGl "'~ -0 ZfTl MUl ;lJ0 ",;JJ Vl- ..,~ o Z ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 8 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be: hand delivered to the Board Office. The completed routing slip and original documents are to be: forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines III through 114 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exee tion of the Chairman's si ature, draw a line throu routin lines III throu 114, com lete the checklist, and forward to Sue Filson (line 115). Rpute to Addressee(s) Office Initials Date (I. ist in routin order) , PRIMARY CONTACT INFORMATION (Tht: primary contact is the holder of the original document pending BCC approval. Nqrmally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acied to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached 1. 2. 3. ~----- 4. 5. Ian Mitchell, BeC Office Su ervlsor 6. Minutes and Records Board of County Commissioners Clerk of Court's Office Phone Number ! rs-g:. ~ 2.. - 'Z- ~ - 2-DIO ~ 2-016-~ A Agenda Item Number Number of Original Documents Attached ~Jf INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and' signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County' Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a Iicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mithchell in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be war of our deadlines! 6. The document was approved by the BCC on Z. 0 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. ) 673 1{P 5/ / N/A (Not A licable) ~ 0/ 0- i: Forms! County Forms/ BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised J .26.05, Revised 2.24.05, Revised 9.18.09 1681 .~ MEMORANDUM Date: June 28, 2011 To: Gary Bigelow, Property Acquisition Specialist Facilities Management Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Tarpon Cove Donation Agreement IQ Water Telemetry Remote Site Attached is a copy of the donation agreement referenced above, (Item #16B1) approved by the Board of County Commissioners on Tuesday, February 23, 2010. The Minutes and Record's Department has held the original document for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 168 1 ! PROJECT: IQ Water Telemetry Remote SitesfTarpon Cove PROJECT No.: 70062.2 FOLIO Nos.: 76450000105 DONATION AGREE~lENT THIS DONATION AGREE~fENT (hereinafter referred to as the "Agreement") is made and entered into by and between TARPON COVE COMMUNITY ASSOCIATION, INC., a Florida Non Profit Corporation, whose mailing address is c/o Platinum Property Management, LLC, 1016 Collier Center Way, Suite 102, Naples, Florida 34110, (hereinafter referred to as "Owner"), and 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, a Political Subdivision of the State of Florida, (hereinafter referred to as "County"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive utility easement for the purpose of access, installation, and maintenance of irrigation quality water facilities, pipelines, electrical panels, telemetry tower, and other utility appurtenances over, under, upon and across the lands described in Exhibit "A" (said utility easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via a Utility Easement to County at no cost to the County, unless otherwise stated herein. 2. Following construction, County shall install slatted fencing around the meter assembly and the proposed control panel and telemetry antenna tower base for security and aesthetic purposes. County will be responsible for all repairs, maintenance, and related costs for its above-ground and in-ground infrastructure within the easement area, from the County's Irrigation Quality Water main up to and including the Irrigation Quality Water meter, valve, and above-ground piping. The point at which the above-ground piping re-enters the ground shall be the ending point of County's maintenance responsibility and shall be known as the Point of Delivery. County shall be allowed to trim trees during construction with no responsibility for future landscaping or arboreal maintenance, and shall not remove any existing trees within the landscape buffer area. This provision shall survive Closing and is not deemed satisfied by the conveyance of Easement. 1 1681 PROJECT: IQ Water Telemetry Remote Sitesrrarpon Cove PROJECT No.: 70062.2 FOLIO Nos.: 76450000105 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the Public Records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. The cost of a title commitment shall be paid by County. 7. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 8. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 9. This Agreement is governed and construed in accordance with the laws of the State of Florida. 2 ~ PROJECT; IQ Water Telemetry Remote SiteslTarpon Cove PROJECT No.: 70062.2 FOLIO "'.: 76450000105 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed as of the dates herein below. AS TO COUNTY: DATED: ~//7 /~/ / "i~,,,~ \ \1.HHltlittll, ..,,\.\ ~\" t. It ill I(If "'....... (\,,,~.... .-,..) I~ BOARD OF COUNTY COMMISSI~". . ". ~;'. OF COLLIER COUNTY, FLORID~Ai"n~\\1" ..." .~ THE GOVERNING BODY OF Cqtg~ :J~:', ;' ::'.' COUNTY AND AS EX-OFFlCIO DIE: ~ - ,'- GOVERNING BOARD OF THE ~lER.- r' _ COUNTY'UJER1WDIST ~' .........:.. ....... - ':: ", BY' -j'Lt.JL. 0:/'_1" , '. ,'. . ~. "-." FredW. Coyle, Chairman Jhl!l/l;.1111\\..... ATTEST: DWIGHT E. aRQCk, Clerk .... - ~ TARPON COVE COMMUNITY ASSOCIATION, INC., a Florida Non Profit Corporation DATED: if /-:7-eJ /11 / / WLTNESSES: ~(/Cc. \lL / ,1.,(' tLtLLd ~ Witness (Si ature) Name: J:{ {[I\( J (2't ({ /lIrIN (Print) ~"(~$e)jJ~ Name: 1?IfR /!,/t Qjf- J. /cEc..L)- (Print) By: ~ ~>-- C/ Name; Josd-tl WOoD (Print or type) Title: ~~ES i.f)~ Approved as to fonn and legal sufficiency: BY: ~~).j~ ::n I\.)fI.-J' ~~. ~,\ L Assistant County Attorney Item # J1&..\ Agenda d-""~' D Date V :; 3 ..1 ~1){~I~lHl ~IMIQ) 1Q)~~~~~~I~(Q)[N] ~(O) f(Q)(Q)1 \VM~IQ)~ ~(Q)lUJlMn lLDl~UInf ~~~~~lNIlJ NOT A SURVEY P.O.C. NORTHEAST CORNER PARCEl 'A' TARPON COVE PLAT 800K Z7, PAGES 91-97 'TARPON (DVE' TRACI' 'A' PLATBOOIC27 PAGES91-97 1681 ~ LOOGE ABBOTT ASSOCIATES, LlC PARCa. NO. 001558&C207 PlAT NORTli EXHIBIT \(A-i/ Page-L-of . '2...----- P.O.B. SPC N=715341.43 E-393030.35 LATIlUDE:26'l7'57.ll67' LONGITUDE: 81'48'11.435" ALL mAT PART OF TRACT'A', TARPON COVE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 27, PAGES 91 THROUGH 97 OF THE PUBLIC RECORDS OF COllIER COUNTY, FLORIDA BEING MORE PARTlCutARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT 'A'; THENCE SOUTH 16011'4O'EA.ST AlONG THE WESTERLY UNE OF BONITASPRlNGS BY-PASS, S.R. 45. U.S. ROUTE 41, THE DISTANCE OF 604.29 FEET TO THE PlACE OF BEGINNING AND RUNNING; THENCE, CONTINUING AlONG THE SAME UNE, SOUTH 16011'40" EAST, THE DISTANCE OF 40.00 FEET; THENCE LEAVING THE SAID LINE AND EXTENDING OVER TRACT 'A; SOUTH 73048'20" WEST THE DISTANCE OF 20.00 FEET; THENCE, N0ImI16011'4O" WEST, THE DISTANCE OF 40.00 FEET; THENCE, NORTH 73048'20" EAST, THE DISTANCE OF 20.00 FEET TO THE FIRST MENTIONED POINT AND PLACE OF BEGINNING. CONTAINING 800 SQUARE FEET OF LAND. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. \ 0' ~ ~lJ' >'1' ~t; ~c. Z. Ci"Y' lJ'-,> ~~ ~ ~ '> lJ' lJ' .... BEARING ARE BASED ON THE EASTERLY UNE OF TRACT 'A' TARPON COVE. ~- ( IN FEET ) 1 inc h = 20 ft. COLLIER COUNTY Engineering Services Dept. Growth Management Division Planning and Regulation 2800 North Horseshoe Drive, Naples F10rida 34 J 04 Phone: 239-252-6885 Fax 239-252-6476 Date: Project No: File No: SCALE: GRAPHIC SCALE ~~ ~[Hj~1E1 ~ (Q)/F ~ 06-09-2011 201105 TARPON COVE 1" = 20' LODGE ABBOTT ASSOCIATES, LLC SPECF0C PURPOSE SURVEY PARCEL NO. 00155884207 LOCATION OF IQ WATER TELEMETRY @ COLLIER EX H I B I T__'�_'� TAN covE COUNTY WATER -SEWER DISTRICT Page Z of? =, @ TARPON COVE PLAT BOUNDARY RIGHT-OF-WAY LINE SCALE: 1" - 200' 1 201 P E Np��AR LAE SEMENT 11 OVERHEAD WIRES zHLn G N tin L N N SCALE: 1" - 20' TARPON am -- PLAT BOUNDARY N PUT NORTH BENDERSON DEVELOPMENT CO. INC. PARCEL N0.00155884100 LODGEANIM A+DW.,s.LLC PARCE.Na t. t� t 20' WIDE --�� LANDSWE `, 1 BUFFER EASMT. ,1 t t t t tt, t tt 'TARPON COVE' t` TRACT 'A' PLAT BOOK 27 PAGES 91.97 / 10' PALM TREE REUSE VALVE 1 LAT: 26 °1757.8' LANG: 81 °48'11.4' (TAKEN BY HANDHELD GPS u+m -T WIDE SIDEWALK N 10 V. U G .r a �o > i t t t+ t t g, W*u8" E'aA% trm.rta rNCa wo. oo�oe��ao r WOOD UTILITY POLE D-01 °38'56' R =3719.72' L= 107.05 CB -SL5W 1Z "E Gi= 107.05' COLLIER COUNTY Engineering Service Dept. Growth Management Division Planning and Regulation 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239-252-6985 Fax 239 - 252 -6476 06 -09 -2011 TARPON COVE I AS -SHOWN tl ORIGINAL DOCUMENTS CHECKLIST & ROUTING 416 B 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's signature. draw a line through routine lines #I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (I ist in routing order) Office Initials Date 1. ff G (Initial) Applicable) 2. ` F£ &PUAR .23,,,2,010 Agenda Item Number 1451 .eD /O -3 3. - Number of Original 4. -r- L" , 9_ 0<9-4r, Documents Attached '%JD 5. Ian Mitchell, BCC Office Supervisor Board of County Commissioners 9 f tt I l «- F. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item ) ' Name of Primary Staff ,/� �� s y�� L v7 Phone NumberS� `1Z�� Contact ff G (Initial) Applicable) Agenda Date Item was Approved by the BCC ` F£ &PUAR .23,,,2,010 Agenda Item Number 1451 .eD /O -3 Type of Document ppA)A77v Number of Original Attached - -r- L" , 9_ 0<9-4r, Documents Attached '%JD vP��7r ESQ Er J?c40A7d^) A,G -PrA c-r INSTRUCTIONS & CHECKLIST 1 s Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) _ I . Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County' Attorney's 404 Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval. PM Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC o / 12 (enter date) and all changes made during the meeting have been incorpor ted in the attached document. The >91- County Attorney's Office has reviewed the changes, if applicable. 1 s Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 PROJECT: Reclalrned Water Telemetry /Vineyards PROJECT No.: 70062 FOLIO Nos.: 80672960006, 80873580007, and 80708177006 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between VINEYARDS DEVELOPMENT CORPORATION, a Florida Profit Corporation, whose mailing address is 75 Vineyards Boulevard #500, Naples, Florida 34119, joined by THE VINEYARDS COMMUNITY ASSOCIATION, INC., a Florida Non Profit Corporation, whose address is 75 Vineyards Boulevard, Third Floor, Naples, Florida 34119 (hereinafter collectively referred to as "Owner"), and 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, a Political Subdivision of the State of Florida, (hereinafter referred to as "County "), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive utility easement for the purpose of access, installation, and maintenance of reclaimed water facilities, pipelines, electrical panels, telemetry towers, and other utility appurtenances over, under, upon and across the lands described in Exhibit "A" (said utility easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via a Utility Easement to County at no cost to the County, unless otherwise stated herein. 2. County will be responsible for all repairs, maintenance, and related costs for its above - ground and in- ground infrastructure within the easement area. This provision shall survive Closing and is not deemed satisfied by the conveyance of Easement. 16BI PROJECT: Reclaimed Water Telemetry /Vineyards PROJECT No.: 70082 FOLIO Nos.: 80872980008, 80873560007, and 80708177006 3. County has confirmed the ownership of the lands underlying the Easement to be granted pursuant hereto, and Owner and all its related entities make absolutely no representations with regard to same. County further agrees, subject to the limitations set forth in Section 768.28, Florida Statutes, to indemnify and hold harmless Owner and all its related entities from any claims whatsoever arising from the execution of the Easement. This provision shall survive Closing and is not deemed satisfied by the conveyance of Easement. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. The cost of a title commitment shall be paid by County. 6. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. 7. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 8. This Agreement is governed and construed in accordance with the laws of the State of Florida. [Signatures follow] PROJECT: Reclaimed Water Telemetry /Vineyards PROJECT No.: 70062 FOLIO Nos.: 80672960006, 80673560007, and 80708177006 IN WITNESS WHEREOF, the parties have caused these presents to be executed as of the dates stated herein below. AS TO COUNTY: DATED: « / ATTEST: DWIGHT E. BROCK, Clerk 7 C &f ``` ' ti AS TO OWNER: DATED: WITOE SE . Name: tAm . Fdt.c�71 (Print) Approved as to form and legal sufficiency: By: 1���,.,.7� -e._ Jennifer B. White Assistant County Attorney BOARD OF COUNTY COMMIS4 NER>B OF COLLIER COUNTY, FLORI6& AS THE GOVERNING BODY OF CJXLiER COUNTY AND AS EX- OFFIC16TIJEE GOVERNING BOARD OF THE I LIER' COUN W TER -SEWER DISTPJ T Fred W. Coyle, Chairman VINEYARDS DEVELOPMENT CORPORATION, a Florida Profit Corporation B. Name: Mic�AeA `Jaa New A (Print or type) /' /') Title�fJ. 't C -C PROJECT: Reclaimed Water Telemetry Mneyards PROJECT No.: 70062 FOLIO Nos.: 80672960006, 80673560007, and 80708177006 DATED: 71111S ES: Witness ' nature)) Name: Name: LJl . f-rnt�,--d (Print) Approved as to form and legal sufficiency: By: ��.. Jenn r B. White Assistant County Attorney 1681 VINEYARDS COMMUNITY ASSOCIATION, INC., a Florida Non Profit Corporation B . 0, Name: r 'O\e� (Print or type) Title: ?f-es. L. J N 1r�'! V O I- s z r _ 1661 EXHIBIT "A" PAGE L OF/ 3 WEST 11' Or TRACT ►., I 1 PLAT � Ate; SKETCH OF DESC OPTION PART OF TRACT P -3 OF THE VINEYARD-5 UNIT 3, PLAT BOOK 16 PAGES 2 -5, ALSO BEING A PART OF SECTION 5, TOWNSHIP. 49 SOUTH, RANGE 26 EAST OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. IXNEW No. : 1. SEE ATTACHED FOR LEGAL DESCRIPTION. 2. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 3. LEGEND: C.D.E ".COUNTY DRAINAGE EASEMENT C.M.E. = COUNTY MAINTENANCE EASEMENT D.E. DRAINAGE EASEMENT EF ELECTRICAL EASEMENT O.R. = OFFICIAL RECORD BOOK S' WIDE CM.E. d EE. 11' WMEC.D.E. 16' OF TRACT X3 60' WIDE DRAINAGE RIGHT- OF•WAY EASEMENT (REF. O.R. BOOK 143, PAGE 168 -167) TRACT D-2 (C.D.E.) THE VINEYARDS UNIT2 PLAT 10M 16 -►ASES L -5 N "AT GRAPHIC SCALE IRS 30 ( IN n= I !ran - too IL e 1/2 X 14 Not to Seal WEST LINE YoAcT P -3 PREPARED BY: TRACT 1, ✓� /� �rTitlivJ C (7GLr.. THE VINEYARDStAn I FLAT loot 14, PAGES 2.5 --� - -' :.VS i [MAK P.S.M. FLORIDA SURVEYOR a MAPPER LS 8086 COLLIER COUNTY SURVEYOR AR+ COLLIER COUNTY Engineering Services Dept, Growth Management TRACT► Division Planning and Regulation -3 THE WNEVARb5 usurow 2100 Nwth Horsell>oe Drip, NRFIat Florida 34104 PUT BOOK N. ►AGES 67 -71 Phone: 239.252.6M Fax 239.252 -6476 TRACT D -2 (D.E.. CANAU Dak: 11 -30 -2011 1' = 200 I VINEYARDS s 4I1 ze 20] 1 -809 HW. •r AY+rIMEryn.np Dle.e. e q r.Ir vta0 "u"v¢+""nlviolwb . r. wtottea vmn A11papi,� tLYA.I I:M.1. AM EXHIBIT "A" Page 2 of 13 Being the West sixteen (16) feet of Tract P -3 of The Vineyards Unit 3, according to the Plat thereof as recorded at Plat Book 16, Pages 2 through 5, inclusive, of the Public Records of Collier County, Florida: Ell ELI 16B1 6' WIDE CALE. b EE EXHIBIT 'A' 11' WtOE C.DE PAGE 3 OF ( 3 G WEsr 16' of TaACT► -3 �1y SKETCH OF ®ESCRMON ' PART OF TRACT P -3 OF THE VINEYARDS UNIT ONE, ` PLAT BOOK 14 PAGES 67 -74, AL50 BEING A PART OF od< SECTION 5, TOWNSHIP. 49 SOUTH, RANGE 26 EAST OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LINE 60' WIDE DRAINA" RIC44T -OF -WAY EASEMENT (REF. O.R. BOOK 143, PAGE 165 -167) D-2 (C.D.E.} NOTES: THE VD*YARDS LUM 3 1. SEE ATTACHED FOR LEGAL DESCRIPTION. V l PLAT BOOK 16. ►A6E5 2 -5 WEST L16E TRACT P -3 2. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, 3. LEGEND. C.D.E. D. COUNTY 0"NAGE EASEMENT C.M.E. 100' WIDE DRAINAGE RIGHT -OF -WAY • COUNTY MAINTENANCE EASEMENT 'f Mw11M TRACT 0.2(D.C.. CANAL) GRAPHIC SCALE D.E - DRAINAGE EASEMENT TRACT► -3 E.E. - ELECTRICAL EASEMENT Z THE VINEVAROS WET 3 O.R. • OFFICIAL RECORD BOOK U2 _ MT -OM A, PACES 2.5 O<z4 � � LINE TRACTP -3 THE VINEYARDS UNIT ONE PLAT BOOK M. PAGES, 67.74 SOUS N 100' WIDE DRAINAGE RIGHT -OF -WAY 'f Mw11M TRACT 0.2(D.C.. CANAL) GRAPHIC SCALE TRACT D -2 (C.D.E.) ;7 Z ACTP -B 'V THE VINEYARDS IkQT ONE i I PLAT BOOK 14, PAGE! 67.74 { IN F=T ) O<z4 � � 1 )Deb . 200 R ' 0 1/2 X 14 Not Lo Soft• WEST Ib' OF TRACT P -3 op 7' WIDE CA.E. 6 E.E TS, z 0 V) c ~ 11' WIDE C.O.E. LINE ( 11 -30 2011 1' = 200' vrn�YARD9 s &28 2011 -810 �'�'~'�• •'• RN�rrMf11��� M�U1• �'e1RfMGD YMVaY pl/,�1�IRRIMw'Y4�11yf 0 MMfYAl1D! •M• IYR7111 fall! AM TRACTP -3 THE VINEYARDS UNIT ONE PLAT BOOK M. PAGES, 67.74 WEST S' OF TRACT P -I 100' WIDE DRAINAGE RIGHT -OF -WAY EASEMENT (REF. O.R. GOOK 143, PAGE 165 -167) TRACT D -2 (C.D.E.) ;7 'THE VIKYARDS UNCT ONE i I PLAT BOO2 14. PAGES 67.74 O<z4 � � ' PREPARED BY: op TS, z 0 V) c ~ MAR US L BERMAN, P.S.M. FLORIDA SURVEYOR 4 MAPPER LS 5M at COWER COUNTY SURVEYOR t L ER COUNTY ering Services Dept. Growth Management Division F g and Regulation h HOTI91DOf Drlw, Naples Flodda 34104 9 - 252.6663 Fax 239. 252.6476 ( 11 -30 2011 1' = 200' vrn�YARD9 s &28 2011 -810 �'�'~'�• •'• RN�rrMf11��� M�U1• �'e1RfMGD YMVaY pl/,�1�IRRIMw'Y4�11yf 0 MMfYAl1D! •M• IYR7111 fall! AM EXHIBIT "A" Page 4 of 13 Being the West sixteen (16) feet of that portion of Tract P -3 of The Vineyards Unit One lying within Section 5, Township 49S, Range 26E, according to the Plat thereof as recorded at Plat Book 14, Pages 67 through 74, inclusive, of the Public Records of Collier County, Florida; us 1681 " 6 s TG 6 ww5� C� T WIDE CAL A EE. II' WIDE C.D.E EXHIBIT "A" PAGE - OF L3 1. SEE ATTACHED FOR LEGAL DESCRIPTION. 2. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, 3. LEGEND- C.D.E. - COUNTY DRAINAGE EASEMENT C.M.E. = COUNTY MAINTENANCE EASEMENT D.E. = DRAINAGE EASEMENT E,E. = ELECTRICAL EASEMENT O.R. = OFFICIAL RECORD BOOK )VEST 5. Or TxACr r -3 100' WIDE DRAINAGE RIGHT -OF -WAY EASEMENT (REF. O.R. BOOK 143, PAGE 165 -167) TRACT 0-2 (C.D.E.) THE YINEYARDs Lair ONE MT WOK 14, PAGES 47-74 PREPARED BY: N i Alwr GRAPHIC SCALE I inch . goo IL 0 1/2 R 14 Not to Sods MAKGUS L. BERMAN, FLORIDA SURVEYOR & MAPPER LS W" COLLIER COUNTY SURVEYOR COLLIER COUNTY WEST /.„E��� Engineering Services Dept. Growth Management Division sECTIOH td�y Planning and Regulation w���.`• 1 28W Norm Horwhoe DrIm P*IN Florida 34104 y I Phom: 239 - 252.6385 Fu 239-252fi476 LS l Drs: SCALS: Proj*A No: F3k No: tT 11 -30 -2011 t' 200' VINEYARDS 549.7e 2011 -811 rtV'"="y "'° "p..nr o.wnw+nagw.,ny rw,�vu" euiwer oAww.os tiM11�1 "11 VWPAAO3 O"¢ � bt7a114.N31 AM 5' WIDE CALF. s EE �o Ai SKETCH OF ®LsSCROPTDON PART OF TRACT P -3 OF THE VINEYARDS UNIT ONE, PLAT BOOK 14 PAGES 67 -74, ALSO BEING A PART OF SECTION 8, TOWNSHIP. 49 SOUTH, RANGE 26 EAST OF THE PUBLIC EC RD OF COLLIER COUNTY, FLORIDA. 1. SEE ATTACHED FOR LEGAL DESCRIPTION. 2. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, 3. LEGEND- C.D.E. - COUNTY DRAINAGE EASEMENT C.M.E. = COUNTY MAINTENANCE EASEMENT D.E. = DRAINAGE EASEMENT E,E. = ELECTRICAL EASEMENT O.R. = OFFICIAL RECORD BOOK )VEST 5. Or TxACr r -3 100' WIDE DRAINAGE RIGHT -OF -WAY EASEMENT (REF. O.R. BOOK 143, PAGE 165 -167) TRACT 0-2 (C.D.E.) THE YINEYARDs Lair ONE MT WOK 14, PAGES 47-74 PREPARED BY: N i Alwr GRAPHIC SCALE I inch . goo IL 0 1/2 R 14 Not to Sods MAKGUS L. BERMAN, FLORIDA SURVEYOR & MAPPER LS W" COLLIER COUNTY SURVEYOR COLLIER COUNTY WEST /.„E��� Engineering Services Dept. Growth Management Division sECTIOH td�y Planning and Regulation w���.`• 1 28W Norm Horwhoe DrIm P*IN Florida 34104 y I Phom: 239 - 252.6385 Fu 239-252fi476 LS l Drs: SCALS: Proj*A No: F3k No: tT 11 -30 -2011 t' 200' VINEYARDS 549.7e 2011 -811 rtV'"="y "'° "p..nr o.wnw+nagw.,ny rw,�vu" euiwer oAww.os tiM11�1 "11 VWPAAO3 O"¢ � bt7a114.N31 AM EXHIBIT "A" Page 6 of 13 Being the West five (5) feet of that portion of Tract P -3 of The Vineyards Unit One lying within Section 8, Township 49S, Range 26E, according to the Plat thereof as recorded at Plat Book 14, Pages 67 through 74, inclusive, of the Public Records of Collier County, Florida; LM Mal WEST = *11 W� F+ a O 3 � F 0 WEST 6' OF TRACT F.I 100' WIDE R E EN RISHT -OF -WAY- EXHIBIT "A" (REF. O.R. BOOK 143, PAGE 165 -167) PAGE Z OF13 SKETCH OF DESCRY TION PART OF TRACT L -1 OF THE VINEYARDS UNIT ONE, PLAT BOOK 14 PAGES 67 -74, ALSO BEING A PART OF SECTION 8, TOWNSHIP. 49 SOUTH, RANGE 26 EAST OF THE PUBLIC RECORt)S OF COLLIER COUNTY, FLOMA. T�e OF TRACTL -1 WM �£ DIVE CAR,O� � bOf� l l ro'u OR i O 2426. yM 1951.1976 f i olIIm" No.Lf 1. SEE ATTACHED FOR LEGAL DESCRIPTION. 2. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 3. LEGEND: C.D.E. " COUNTY DRAINAGE EASEMENT C.M.E. . COUNTY MAINTENANCE EASEMENT D.E. a DRAINAGE EASEMENT E.E. = ELECTRICAL EASEMENT O.R. • OFFICIAL RECORD BOOK N ..AT auti" a GRAPHIC SCALE e r, goo (INrM) 1 Inch . 200 It 8 1/2 X 14 Not I. s.I. PREPARED BY: MARCUS L BERMAN. PS.M. FLORIDA SURVEYOR A MAPPER LS 6086 COLLIER COUNTY SURVEYOR COLLIER COUNTY Engineering Services Dept. Growth Management Division Planning and Regulation 2800 NorW HOraeahoa Drive, NVIa Florida 34104 Phora:239- 252 -6885 Fax 239 -252 -6476 11 -30 -2011 1" ■ 200' 1 VINEYARDS 840 -20 2011 -812 ""'`""'r "' A.M.a.ra�wap oawAA.,�„M,a„A r.ra�p auticv O>.ANrrroana, ar.dal�a�1J17 VAEYM6a aiq, �bb1►11 t4a46 AM EXHIBIT "A" Page 8 of 13 Being the West five (5) feet of the North 499.95 feet of Tract L -1 of the Vineyards Unit One, according to the Plat thereof as recorded at Plat Book 14, Pages 67 through 74, inclusive, of the Public Records of Collier County, Florida; Im EXIlp �$ AMLYE AMTN CO CRM PAD Y EASEMENT DESCRI ED CONTAINS 1045 5Z FEET =I-15, 1 LAT. - - 0795293• W ' WEST LINE TRACT P.3 � I! i ' 60' WIDE DRAINAGE R76HT-0P -WAY asj : EASEMENT I� (REF. O.R. 6001( 143, PAGE 165 -167) F j TRACT 0-2 0 I I I� T4E VINEYARDS UPRT 1 PLAT 6001(16, PAGES 2 -5 � p'O SourwoEr CORPM TRACT F C. I I I j I I I ANtp( Ir PVC - PMT V E.gMgtJ �MIp6�PFE 1 TTPICx 1 WSCIAARE -- _ 1 COMMEPO6T I I I — —i —I— -4 — I I AERIK PIPE CONMYEPAD I � I I I I � I UNETAKE I WSM"26' r ' W I i 6' WIDE LM.E. 4 EE 16, P IMIT 3 ;1"/11 PLAT YpOK 16, PAGES 2-0 I TRACT P -3 j I TTf VINEYARD5 UNIT 3 I I PLAT EOOK R. PAGES 2 -5 I I I I L NO: . = COUNTY DRAINAGE EASEMENT . - COUNTY MOUNTENANCE EASEMENT DRAINAGE EASEMENT ELECTRICAL EASEMENT = OVERHEAD WIRES I I POB = POI o BEGINRNING I I POC = POINT OF COMMENCEMENT TOB = TOP OF BANK TRACT D-2 (D.E. - CANAL) I THE VINEYARDS UNIT ONE j I PLAT ROOK 14, PAGES 67 -74 I i I I SPECIFIC IrURPOOyla SURV E U (VINEYARDS NORTH - RECLAIMED WATER A55EMBLY) LOCATION OF UTILITIES AND IMPROVEMENTS LOCATED IN THE SOUTHWEST CORNER OF SECTION 5, TOWNSHIP. 49 SOUTH, RANGE 26 EAST 7WJUMALNon&. . DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2 BEARINGS ARE BASED ON THE WEST LIVE OF TRACT P -3 3. SE� ATTACHED LEGAL DESCRIPTION. 4. THIS SURVEY IS NOT VAUD WITHOUT THE SIGNATURE AND RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. MIT GRAPHIC SCALE ( D4 rm ) 1 Inch - 2D TL a 1/2 Z 14 Not to Bogle TRACT P-3 THE VINEYAR05UNITONE PLAT BOOK 14, PAGES 67 -74 FLORIDA SURVEYOR 6 MAPPER LS SW COLLIER COUNTY SURVEYOR COLLIER COUNTY Engineering Services Dept, Growth Management Division Planning and Regulation 2t00 North No»ahoe Drive, N4P*S Florida 34104 Pb—:239- 252.6685 FIX 239-252-6476 ri-14 o__.- . __ 10-13 -2011 1'=2(r 20 VINEYARDS 5 40 -ze 2011-804 1681 1661 -- - - ZMT come r C014nty a_��._ Growth Management Division Land Development Services Description of part of Tract P -3 of The Vineyards Unit 3, Plat Book 16, pages 2 through 5 of the Public Records of Collier County, Florida. (Vineyards North - Reclaimed Water Assembly) (Utility Easement) All that part of Tract P -3 of The Vineyards Unit 3, Plat Book 16, pages 2 through 5 of the Public Records of Collier County, Florida, being more particularly described as follows; Commencing at the Southwest corner of said Tract P -3; Thence along the west line of said Tract P -3, North 01 028'00" West, 187.37 feet to the POINT OF BEGINNING of the Utility Easement herein described; Thence continue along said line North 01 °28'00" West 21.76 feet; Thence leaving said west line in the following Three (3) described courses; 1. North 87 °24'26" East 47.84 feet; 2. South 02 024'10' East 21.75 feet; 3. South 87'24'26" West 48.20 feet to a point on the west line of said Tract P -3 and the POINT OF BEGINNING of the easement herein described. Subject to Easements and Restrictions of Record. Bearings are based on the west line of said Tract P -3 being, North 01 °28'00" West. Easement contains 1045 square feet more or less. Marcus L. Berman, P.S.M. Florida Surveyor and Mapper LS 5086 Collier County Surveyor Date: 10/13/2011 Ref: 2011 -804 Englnaertrp, Environmemal. Cwvrehsnsive Planning d Zo" Servkes . 2800 Norfn Horseshoe Drive . Na bs. FL 31101 . P 238 -252-2100 P. D.C. MNC01e1FJ1A 6fiTK111 e r 7 TRACT 0-2 (D.E. - CANAL) THE VINEYARDS vNrT ONE PLAT BOOK 14, PAGES 67 -74 1n 100' WIDE DRAINAGE RIGHT -OP -WAY EASEMENT ll] I p!O zlo p�0 gig 1 i i I (REP. O.0. SOM 143, PAGE 165.167) N�selee.62 E•U51O2.6B I LAT.. 2613'321=74rN _ — Lars.. 8l•44'07.22se4• w_ EASEME — S 89°4213 "E 100.00 CONTAI r i i 7 i I i i i i 1 REM VALVE e Nm CIMN J Lal� EJFOBW CAST 9qN r PLAN, IRE i it rl I I � II Ir CONCRE IE POST i ll SPECOFIC PURPOSE S4A L y (VINEYARDS SOUTH- RECLAIMED WATER ASSEMBLY) LOCATION OF UTILITIES AND IMPROVEMENTS LOCATED IN THE NORTHWEST CORNER OF SECTION B, TOWNSHIP, 44 SOUTH, RANGE 26 EA5T 3ENERAL NOTES: L DIMENSIONS ARE IN FeEr AN DECIMALS TwgEOP. !. BEMIN BE Ira SOGS ARE BASED ON THE WEST LINE Of SAID SECTION B AND TRACT D-2 l7Tif OV17`47" WEST. 1. SEf ArTACjIED FOR LEGAL DE5011F"ON 1. T }f L5 SURVEY IS NOT VALID WIr }pUT THE Sr" TYRE AND RAISED SEAL Of A R ONIDA LICENSED SIARVEYOR AND MAPPE4. -V1' EASEMENT ENCOMPASSES BOTH PUM► AREAS, MU /10.13 -11 5' WIDE GALE. 6 EF. A.4^( V THE VINEYARDS UNIT ONE ) PLAT BOOK 14 -PAGES 67 -74 paw I ItI �AERML PFE CONCRETE PAD ll _ lrwc I WAeT ° I TDP ONE STOW I CB.C. PVW House t �.. L , I/ i( t • GY + I" ?� AERK PFE I I CoNCRETEPAD L L. L -5 — 6' NKiN CHW LNK EENCE UTILITY EASEMENT REF. O.R BOOK 2426, PAGE 1951.1956 WOOD UTLITY POIF JNV 40R1M TRACT P -3 THE VINEYARDS UNIT ONE CONCRETE PM PLAT BOOK I4. PAGES 67 -74 rwn161ETEJRS WEST LINE TRACT P-3 LEGEND: I C.D.E. = COUNTY DRAINAGE EASEMENT ( C.M.E. = COUNTY MAINTENANCE EASEMENT D.E. = DRAINAGE EASEMENT E.E. = ELECTRICAL EASEMENT OHVV = OVERHEAD MMES I O -R. = OFFICIAL RECORD BOOK I P013 = POINT OF BEGINNING POC = POINT OF COMMENCEMENT TOO = TOP OF SANK - — — --- a+C OUTLEr P1vi i I - rt7 I PAN2L + 1 i a9i 1 I I j YVA TAL 6117 EASTERLY TOP OF CA.84NC � 4 q4 + I I FNIiN CNAN _ LINK FENCE — i i AS ALPM WOOD Unm POLE ! r + it 1 t REUSE VALVE MTN CONp1E7E PAD + i 1 � i 1 i l /'PVC WELL CASING 7 ! 1 LINE rwel.R VALVE L3 � Se1'S75PE 2740 + $ �i L3- 500'SS96'y L96' + LJ - NB►fA' IL43' ) L4 SBB lq)7yT 2655 i AERIAL 45- PJO9'p952'W 35.99 ODWFKX II PFE I Lf- 14De"1T47$28.29' PANgS �`l it e Nm CIMN J Lal� EJFOBW CAST 9qN r PLAN, IRE i it rl I I � II Ir CONCRE IE POST i ll SPECOFIC PURPOSE S4A L y (VINEYARDS SOUTH- RECLAIMED WATER ASSEMBLY) LOCATION OF UTILITIES AND IMPROVEMENTS LOCATED IN THE NORTHWEST CORNER OF SECTION B, TOWNSHIP, 44 SOUTH, RANGE 26 EA5T 3ENERAL NOTES: L DIMENSIONS ARE IN FeEr AN DECIMALS TwgEOP. !. BEMIN BE Ira SOGS ARE BASED ON THE WEST LINE Of SAID SECTION B AND TRACT D-2 l7Tif OV17`47" WEST. 1. SEf ArTACjIED FOR LEGAL DE5011F"ON 1. T }f L5 SURVEY IS NOT VALID WIr }pUT THE Sr" TYRE AND RAISED SEAL Of A R ONIDA LICENSED SIARVEYOR AND MAPPE4. -V1' EASEMENT ENCOMPASSES BOTH PUM► AREAS, MU /10.13 -11 5' WIDE GALE. 6 EF. A.4^( V THE VINEYARDS UNIT ONE ) PLAT BOOK 14 -PAGES 67 -74 paw I ItI �AERML PFE CONCRETE PAD ll _ lrwc I WAeT ° I TDP ONE STOW I CB.C. PVW House t �.. L , I/ i( t • GY + I" ?� AERK PFE I I CoNCRETEPAD L L. L -5 — 6' NKiN CHW LNK EENCE UTILITY EASEMENT REF. O.R BOOK 2426, PAGE 1951.1956 WOOD UTLITY POIF JNV 40R1M TRACT P -3 THE VINEYARDS UNIT ONE CONCRETE PM PLAT BOOK I4. PAGES 67 -74 rwn161ETEJRS WEST LINE TRACT P-3 LEGEND: I C.D.E. = COUNTY DRAINAGE EASEMENT ( C.M.E. = COUNTY MAINTENANCE EASEMENT D.E. = DRAINAGE EASEMENT E.E. = ELECTRICAL EASEMENT OHVV = OVERHEAD MMES I O -R. = OFFICIAL RECORD BOOK I P013 = POINT OF BEGINNING POC = POINT OF COMMENCEMENT TOO = TOP OF SANK - — — --- UTILITY EASEMENT - rt7 I PAN2L REP. O.R BOOK 2426, PAGE 1951 -IM a9i YVA TAL 6117 GRAPHIC SCALE 4 q4 I FNIiN CNAN _ LINK FENCE — ( DT FIZ>T ) 1 in1:n . EO IL AS ALPM 6 1/2 X 14 Not to Soe)e fI 5' WIDE C.VLE. & E.E. THE VINEYARDS U1r1r ONE RAT BOOK 14, PAGES 67 -74 I MARL,tiS L BERMAN. P.S.M. FLORIDA SURVEYOR it MAPPER LS 5088 COLLIER COUNTY SURVEYOR COLLIER COUNTY Engineering Services Dept, Growth Management Division Planning and Regulation 2100 North HoTxahoe Drive. Naples Florida 34) 04 Phone: 239 - 252 -6895 Fax 239.25245476 I Fue No: Plojtot No: 04-27 -2011 1'=20' VINEYARDS 549.262011-80 3 I Coll:'f_ er CoHnty EXHT A Growth Management Division �. Land Development Services Description of part of Tract P -3 of The Vineyards Unit One, Plat Book 14, pages 67 through 74 of the Public Records of Collier County, Florida. (Vineyards South - Reclaimed Water Assembly) (Utility Easement) All that part of Tract P -3 of The Vineyards Unit One, Plat Book 14, pages 67 through 74 of the Public Records of Collier County, Florida, being more particularly described as follows; Commencing at the Northwest comer of Section 8, Township 49 south, Range 26 East, Collier County, Florida; Thence along the west line of said Section 8 also being the west line of Tract D-2 of The Vineyards Unit One, Plat Book 14, pages 67 through 74 of the Public Records of Collier County, Florida, South 00 °17'47" West, 469.52 feet; Thence leaving said line South 89 °42'13" East 100.00 feet to the west line of said Tract P -3 and the POINT OF BEGINNING of the easement herein described; Thence leaving said west fine In the following Five (5) described courses; 1. South 88 °50'50" East 22.60 feet; 2. South 00 055'06" East 1.98 feet; 3. North 89 °03'46 "East 11.41 feet; 4. South 00 °29'17" West 26.52 feet; 5. North 89 005'52" West 33.95 feet to a point on the west fine of said Tract P -3; Thence along said west line of Tract P -3, North 00 °17'47" East 28.23 feet to the POINT OF BEGINNING of the easement herein described. Subject to Easements and Restrictions of Record. Bearings are based on the west line of said Section 8 and Tract D -2 being, South 00 °17'47" West. Easement contains 937 square feet more or less. Marc s L. Berman, P.S.M. Florida Surveyor and Mapper LS 5086 Collier County Surveyor Date: 10/13/2011 Ref 2011 -803 — Englneering. Ernimivnentsl, Comprehensive Plennlnp & Zosing Services " 2800 North Horseshoe Drive " Naples, Fl. 34104 " 239- 252.2,100 P.G.C. 3 s ; ' ' EXHIBIT'A° wES* V. m1 '6 I PAGE �OF L3 SffTION I SKETCH AND ®EESCROP'I OON *9.'; WnLOTY EASEMENT 3yxx j PART OF TRACT L -1 OF THE VINEYARDS UNIT ONE, M, I PLAT BOOK 14 PAGES 67 -74, ALSO BEING A PART OF o j SECTION 8, TOWNSHIP. 49 SOUTH, RANGE 26 EAST I OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. I t i I e I Pp N � I Wy 1 vN w TAACTL_, 1 g GRAPHIC SCALE s`" I .'-4 F. r�f �' THE VINEYARDS 1�.4•QT ONE a 5 i M.AY6001L 14, ►A6E517.M n ulj I ( TR PCP ) 1 1006 - 100 K B 1/2 X 14 Not to Soak DESCRIPTION ALL THAT PART OF TRACT L•1 OF THE VINEYARDS UNIT ONE, PLAT 90M 14, PAGES 57 THROUGH 74 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SEND MORE PARTICULARLY DESCRBED AS FOLLOWS; 3 COMMENCING AT THE WEST QUARTER OF SECTION 6, TOWNSHIP 45 S COUNTY. FLORIDA ��. RANGE 26 EAST. COLLIER THENCE ALONG THE WEST LINE OF SAID SECTION 6, SOUTH WI717'WEST 980.37 FEET; m THENCE LEAVING SAID LINE SOUTH 89'4747' EAST 165.24 FEET TOA POINT ON THE EAST LINE OF A 20 UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 2426, PAGES 1951 THR.Ol1GF11865 OF THE PUBLIC RECORDS !i COWER COUNTY. FLORIDA AND THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED: THENCE LEAVING SAID LINE NORTH 81'2731' EAST 20.00 FEET; THENCE SOUTH 08'3708' EAST 20.00 FEET; THENCE SOUTH 63'2737 WEST 20.0 FEET TO A POINT ON THE EAST LINE OF SAID UTILITY EASEMENT; $ < THENCE ALONG SAID LINE NORTHWESTERLY, 20.00 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 7127.19 FEET, AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 06'370P WEST AND A CHORD DISTANCE OF 20.00 6` FEET TO THE POINT OF BEGINNNG OF THE EASEMENT HEREIN DESCRIBED. C CONTA WING 408 SOUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WEST LIPS , SECTION 8 1 I I 20' UTILITY EASEMENT — OA. 4+00K 2421, pyr 1931.1958 P'0.9 UTPLITV EASEMENT i1a71' L 'L 0677'0)• H 2040 D7ZTA - 00'70Y= 1 L914GTF1. gem 1 RADIUS. 77774! 1 CD- 0,00 - co- 2apr 1 1 1 1 1 1 1 I 1 363R29I• W.7A0p piFJSERAI No"a 1 SEE ATTACHED FOR LEGAL DESCRIPTION. 2. NIIE ONSIONS ARE IN FEET AND DEC&W_$ THEREOF. 3. BEARINGS ARE ASSUMED AND BASED ON THE WEST LINE OF SAID SECTION S, BEING SOUTH 00.12'1 r WEST 4, LEGEND: O.R • OFFICIAL RECORD BOOK D.E. - DRAINAGE EASEMENT P.O.B. - POINT OF BEOWWNG P.O.C.. POINT OF COMMENCEMENT PREPARED BY: ,u`ao CUB L • BER6MN. P.B.M. FLORIDA SURVEYOR 4 MAPPER LS DOSS COLLIER COUNTY SURVEYOR COLLIER COUNTY Engineering Services Dept. Growth Management Division Planning and Regulation 2800 NGrIh HOnaahOe Drive, Naples Mwida 14104 Mm-.. 239 - 252.6855 Fax 239 -252 -64'76 L— I w OB-201Y 1' =100' VINEYARDS 640.26 SM�uMny �n6'F+9�4VaiMnghaamy -PS"— M%'V-W -9 IOWMACAD SURVEY DRAv- 4XGS%vW vM170114W NNflitROS a.5 Y9/2e121WfJ6 AM 2012 -001 ■ i S PROJECT: lift Station 108.00 Improvements PROJECT No.: 70046 FOUO No.: 80672960006 and 80673560007 TEMPORARY CONSTRUCTION EASEMENT & UTILITY EASEMENT DONATION AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into by and between VINEYARDS DEVELOPMENT CORPORATION, a Florida corporation, whose mailing address is 75 Vineyards Boulevard #500, Naples, Florida 34119, joined by THE VINEYARDS COMMUNITY ASSOCIATION, INC., a Florida non profit corporation, whose mailing address is 75 Vineyards Boulevard, Third Floor, Naples, Florida 34119 (hereinafter collectively referred to as "Owner"), and 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, (hereinafter referred to as "County"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112; WHEREAS, County has requested that Owner convey to County a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "A ", which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Temporary Easement Area "), for temporary staging and construction of utility facilities; and WHEREAS, County has requested that Owner convey a perpetual non- exclusive Utility Easement over, upon and across the lands described in Exhibit "B ", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Permanent Easement Area ") to County for the stated purpose of constructing, maintaining and operating utility facilities thereon, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Temporary Easement Area and the Permanent Easement Area to County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Temporary Easement Area and the Permanent Easement Area requested by County; and NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Temporary Easement Area and the Permanent Easement Area via a Temporary Construction Easement and a Utility Easement to County at no cost to County, unless otherwise stated herein. 2. At the completion of construction, County shall install landscaping around the structures constructed within and upon the Permanent Easement Area, and other utility easement areas immediately adjacent thereto, to the reasonable satisfaction of Vineyards Development Corporation. Following installation, Owner shall be responsible for maintenance 1681 of the landscaping, and County shall be responsible for all repairs, maintenance, and related costs for its above - ground and in- ground infrastructure within the utility easement area. This provision shall survive Closing and is not deemed satisfied by the conveyance of the Temporary Construction Easement and the Utility Easement. 3. County has confirmed the ownership of the lands underlying the Easements to be granted pursuant hereto, and Owner and all its related entities make absolutely no representations with regard to same. County further agrees, subject to the limitations set forth in Section 768.28, Florida Statutes, to indemnify and hold harmless Owner and all its related entities from any claims whatsoever arising from the execution of the Easements. This provision shall survive Closing and is not deemed satisfied by the conveyance of Easements. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. The cost of a title commitment shall be paid by County. 6. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. 7. Conveyance of the Temporary Easement Area and the Permanent Easement Area by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 8. This Agreement is governed and construed in accordance with the laws of the State of Florida. [Signatures follow] IN WITNESS WHEREOF, the parties have caused these presents to be executed as of the dates stated herein below. AS TO COUNTY: DATED: YZI tZI 2 ATTEST: DWIGHT E. BROCK, Clerk ;'; p y Clerk AS TO OWNN`' DATED: ��-- WITNESSES: Name: LINDA -f -Fm EU, (Print) Approved as to form and legal sufficiency: By: �g� �•.•� Jennifer B. White Assistant County Attorney BOARD OF COUNTY COMMISSION') RS OF COLLIER COUNTY, FLORIDA,..AS THE GOVERNING BODY OF COLDER COUNTY AND AS EX -OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRI&I Fred W. Coyle, Chairman VINEYARDS DEVELOPMENT CORPORATION, a Florida Profit Corporation � C\,\2 l (Print or type) T� Title. � 4r C �y DATED: 4/10 A WITNESSES: /N'—� Witness (Signature) Name: L0�04 (Print) Approved as to form and legal sufficiency: By: JefMifer B. White Assistant County Attorney 9 VINEYARDS COMMUNITY ASSOCIATION, INC., a Florida Non Profit Corporation By: ° Name: 1� ' 1 L� e,, JaaA (fit or type) Title. r ■ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP OatkA4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE iS Print on pink paper. .kitsch to original document. [he completed routing slip and original documents are to be forssarded to the Counts.Atorney Office at the time the item is placed on the agenda. .. ll completed routing slips and original documents must be received in the County.ttorney Office no later 1 than Monday preceding the Board meeting. **NEW** ROUTING SLIP 6 1 Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is 'comp e with the � P exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) O f f i c e I I ' '' s Date 1. Jeff Wright,Asst. County Attorney County Attorney Office IDO(lQof 2. BCC Office Board of County �� Commissioners � , L I rl 3. Minutes and Records* Clerk of Court's Office —Pm 2(5 h *Please scan under US 41/Collier Blvd. Intersection Improvements (Project No. 60116) in the BMR Real Property Folder. Thank you PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robert Bosch,ROW Coordinator,Tpt. Eng. Phone Number 252-5843 Contact/ Department Agenda Date Item was 02/23/2010 ✓ Agenda Item Number 16B 1 (Reso.2010-39) Approved by the BCC Type of Document Subordination Agreement Number of Original One Attached Documents Attached PO number or account Proj.No.:60116 Object Code:649030 number if document is Fund/Cost Center:336-163656 PGRP:TEC to be recorded INSTRUCTIONS& CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? -�R 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. --otpf; 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed A by the Office of the County Attorney. .� 4. All handwritten strike-through and revisions have been initialed by the County Attorney's ^ Office and all other parties except the BCC Chairman and the Clerk to the Board —�1'1 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. _ 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. OD R 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. ,�[l •Some documents are time sensitive and require forwarding to Tallahassee within a certain ��I �1 time frame or the BCC's actions are nullified. Be away of your deadlines! 8. The document was approved by the BCC on?l13 io fenter date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the N BCC,all changes directed by the BCC have been made,and the document is ready for the 'c _ Chairman's signature. 9)))10111 I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised . sed 11/30/12 168 1 r County Cote Growth Management Division TRANSPORTATION ENGINEERING DEPARTMENT INTEROFFICE MEMORANDUM TO: Board Minutes and Records DATE: December 17, 2012 FROM: Robert Bosch, ROW Coordinator—ROW Acquisitions (Tel. 252-5843) SUBJECT: Comcast Subordination Agreement: US 41/Collier Blvd. Intersection Improvements(Project No. 60116) Please arrange for the attached subordination agreement to be recorded in the Public Records after it has been signed by the BCC Chairman. Project No: 60116 Fund/Cost Center: 336-163656 �C\ Object Code: 649030 PGRP: TEC -1(` C) Thank you. l/ 16B ii PROJECT:US 41/Collier Blvd.Intersection Project No.60116 This instrument p` : ared b �AItK Z. y�. 5 Horida Power&Light Company P.0.Box 1119 Sarasota,FL 34230-1119 SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT,entered into this day of ebrucuy,2013, by and between COLLIER COUNTY,a political subdivision of the State of Florida, ereinafter called the "County", and FLORIDA POWER & LIGHT COMPANY, a Florida Corporation, whose mailing address is P. 0. Box 14000, Juno Beach, Florida 33408, hereinafter called"Utility". WITNESETH: WHEREAS,the Utility presently has an interest in certain lands that have been determined necessary for highway purposes;and WHEREAS,the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the County;and WHEREAS,the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of- way to prevent conflict between the County's use and the Utility's use,and for the benefit of each,and WHEREAS the County, in recognition of the Utility's interest in the certain lands,is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit"A",attached hereto and made a part hereof, NOW,THEREFORE,in consideration of the mutual covenants and promises of the parties hereto, Utility and the County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on"EXHIBIT A"attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing, improving, maintaining and operating a road over,through,upon,and/or across such lands,based on the following: NATURE OF DATE FROM OR AGAINST IN FAVOR OF RECORDED ENCUMBRANCE BOOK,PAGE Plat Book Dedication 04/12/1990 Triangle Properties Florida Power& Plat Book 16, Southwest,Inc.et al. Light Company Pages 87-99 Plat Book Dedication 01/31/1994 Triangle Properties Florida Power& Plat Book 22, Southwest,Inc. Light Company Pages 56-58 Easement 11/24/1958 Isabel U.Collier,Trustee and Florida Power& O.R.Book 34, Barron Collier,Jr. Light Company Pages 91-92 Easement 06/26/1981 Lely Estates Florida Power& O.R.Book 926, Light Company Page 781 Easement 08/26/1982 Capico,a partnership Florida Power& O.R.Book 985, Light Company Pages 49-50 Easement 01/20/1986 MAXXAM Properties,Inc. Declarant and its designees O.R.Book 1174, Easement 05/11/1988 Eagle Creek Pages 1946-1971 Utilities O.R.Book 1348, Properties,Inc. Pages 1330-1408 Easement 07/12/1988 Southern Management Corp. Florida Power& O.R.Book 1364, Light Company Pages 959-961 Easement 02/21/1995 Eagle Creek Commercial Florida Power& O.R.Book 2032, Co.Inc. Light Company Pages 583-586 Easement 02/16/1996 John H.Fischer and Florida Power& O.R.Book 2149, Kenneth Fleming Light Company Pages 2168-2171 Easement 11/07/1997 World Savings Bank FSB Florida Power& O.R.Book 2361, Light Company Pages 1855-1856 Easement 10/01/1999 HTW Investment Florida Power& O.R.Book 2597, Partners,Inc. Light Company Pages 1180-1182 Easement 11/16/2001 Diag Investment V.Ltd Florida Power& O.R.Book 2926, Light Company Pages 201-203 Easement 06/02/2004 Southern Centers in Florida Power& O.R.Book 3577, Naples,LC Light Company _ Pages 1649-1651 166 111 The County and the Utility further agree that: 1. "Public right-of-way",as used herein,shall mean that area which is described in Exhibit"A"and which includes the Utility's easements identified above and additional lands for public right-of-way, as described in Exhibit "A", attached hereto and made a part hereof. 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on,within,and upon the public right-of-way described in Exhibit "A", in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right-of-way will be subject to prior approval by the County. 3. The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be reimbursed,either now or in the future,for additional relocation or adjustment of its facilities located presently or to be located on the public right-of-way described in Exhibit"A",if such relocation or adjustment is caused by present or future uses of the right-of-way by the County or its assigns, including,but not limited to,the cost of acquiring replacement easements. 4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined in Paragraph 2 above,including the right to trim such trees,brush,and growth which might endanger or interfere with such facilities. The County shall provide and insure access to said lands by the Utility. 5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage resulting from the Utility exercising its tights to construct,operate,maintain,improve,add to,upgrade or remove its facilities on the said public right-of-way. 6. This Agreement shall not be assigned by the County except to the State of Florida. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. FATTEST: '••. BOARD 0 C I NTY COMM!' TONERS DWIGHT E.BRQCJC Clerk COLLIER 0 ► , 0 I • ��►'� BY 1 Al p to cm •11/1- Georgi•,.Hiller,Esq. Chairwoman $* 114$ . Signed,sealed and delivered FLORIDA POWER: IGHT COMP NY in the presence of: By: Lam.. By: ' Title: West Area Real Estate Mana Print (J��t A_ Print Name: Mark L.Byers By:I/.A.II.�� •nt Name: AI i A . /HdMSQ (Corp.Seal) NOTARY BLOCK APPEARS ON FOLLOWING PAGE 2 FPL Subordination Agreement STATE OF FLORIDA,COUNTY OF SARASOTA l6Bfl I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared Mark L. Byers,to me known and personally known to me to be the person described in,and did not take an oath and who executed the foregoing instrument as the West Area Real Estate Manager of the Florida Power&Light Company and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation. WITNESS my hand and official seal in the County and State aforesaid this. day of,;* - ;2013.•(affix notarial seal) Y ! ( .' . _ (Signature of Notary Public) o> l r "� A'IL (Print Name of Notary Public) Serial/Commission#(if any): My Commission _ • R2)sEMARIENOVAK MY COMMISSION ti EE 030285 EXPIRES:Decem u *es .t'e y�,. Bonded Thru Notary Approved as to form and Iegaj.SGfticiency: P E. wa rq HT Assr jant County Attorney • 3 FPL Subordination Agreement EXHIBIT"A" " N `— _ A I Page 1 9f 31 1::.i.,,,,./, / il 6 B 11 S 0 ao eo UNPLATTED 3 KRG EAGLE CREEK III. LLC — & GRAPHIC SCALE OR 3605, PG 1131 l f 1. ` 80. FOLIO NO. 00726720800 N) 4 1 ik PI PI i T I .N LOT 1 — L=37.07' CAPRI COMMERCIAL R=100.00' CENTER NO. 2 A= 1'14'31' PB 49, PG 5 CB=S64'46'16"E LOWE'S HOME CENTERS, INC 4 C=36.86' OR 4467. PG 1996 NO3'46'45"E FOLIO NO. 25368002589 15.47' %j POB 917 SF , 4 i 504'56'15"W N41'13'151W 4• 35.59' 47.50' UNPLATTED RED NAPLES HOLDINGS V, LLC OR 4712. PG 2198 FOLIO NO. 00726724107 EXISTING RW I LEGEND RW = RIGHT—OF—WAY OR = OFFICIAL RECORDS BOOK °' p - PLAT BOOK PG = PAGE POB = POINT OF BEGINNING FEE SZLE ST NO. = NUIABER ^� S.R. = STATE ROAD LEGAL DESCRIPTION — PARCEL 103FEE AKA = 0 KNONN AS A PARCEL OF LAND LYING IN SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4712. PAGE 2198 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PLATTED CORNER OF LOT 1 AT THE WESTERLY RIGHT—OF—WAY LINE OF S.R. 951, CAPRI COMMERCIAL CENTER NO. 2 AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA: THENCE SO4'56'15'1N FOR 35.59 FEET ALONG THE WESTERLY RIGHT—OF—WAY LINE OF S.R. 951; THENCE LEAVING SAID RIGHT—OF—WAY UNE, N41'13'15"W FOR 47.50 FEET; THENCE NO3'46'45'E FOR 15.47 FEET TO THE BEGINNING OF A NON—TANGENTIAL CURVE; THENCE ALONG THE PERIMETER BOUNDARY OF SAID LOT 1, 37.07 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 21-14'31-. AND WHOSE LONG CHORD BEARS S64'46'16"E FOR A DISTANCE OF 36.86 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 917 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECH-ROW JUN 15 2012 /(Ailli MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Amy 1.2011 tali AN 01U1000\0i001t.0a00 Id.t i CRSl Nfri_0S.r oe.rwrrb AM C1$St 0il',9 0 PI o'PI,,- w..P\s..rM kw/w.nsl•.•Vra-Mw i..02lsratwric4,0 PROJECT: U.S.41/C.R.951/S.R.951 eSKETCH AND LEGAL DESCRIPTION Cree FRALAvas PARCEL 103FEE: RIGHT—OF—MAY e�i.9Yet►ulpi PREPARED FOIL COWER COUNTY GOVERNMENT/BOARD OF COUNTY COM]USSIONEBS 0610 P.O ,109 200 N097-0 75 F :(23 vn,n.:Izael sees vAtt:llaet 5e7o57e JOB MJVDER REVISION SEC-ION TOWNSHIP RANGE SCALE LBW:6952 090081.00.00 1 3 I 51S 1 26E I 1" = 80' 1 3/13/12 I DRAWN R.A.K. SKDE1 3FEE I 1 SO F 1 EXHIBIT"A" N Page 2 of 31 ,.__t 16B 1 4„, S O a UNPLATTED KRG EAGLE CREEK III, LLC GRAPHIC SCALE OR 3605, PG 1131 1" ° \ FOLIO NO. 00726720800 1 LOT 1 CAPRI COMMERCIAL L=3.56' L=1'53 CENTER NO. 2 R=6200' R=100.00' PB 49, PG 5 5=0'52'44` LOWE'S HOME CENTERS. INC 5=3•17'39- CB"S75'49'53`E OR 4467, PG 1996 CB=574'37'25"E FOLIO NO. 25368002589 C=3.56' C=1.53' I P08 a' 8 L=37.07' � TEMPORARY NO3'416.06' R=100.00' a 16.06' D=21'14'31" < CONSTRUCTION EASEMEN_308TCE C=36.86'6',6"W C=36.86'SF DURATION YEARS. N86'13'15"W I POC 5,00. SO3'46'451,1 15.07' UNPIATTED H-EXISTING RW RED NAPLES HOLDINGS V, LLC OR 4712, PG 2198 LEGEND FOLIO NO. 00726724107 1 OR = OFFICIAL RW = RIGHT—OF—WAY PB = PLAT BOOK RECORDS BOOK PG = PAGE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT NO. = NUMBER LEGAL DESCRIPTION — PARCEL 103TCE S.R. = STATE ROAD AKA = ALSO KNOWN AS A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4712, PAGE 2198 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA. ALSO BEING A PLATTED CORNER OF `LOT 1` AT THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951. AS SHOWN ON THE PLAT OF CAPRI COMMERCIAL CENTER NO. 2. RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4712. PAGE 2198 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA 37.07 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 21'14'31', AND WHOSE LONG CHORD BEARS N64'46'16"W FOR A DISTANCE OF 36.86 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. THENCE LEAVING SAID NORTHERLY BOUNDARY SO3'46'451W FOR 15.07 FEET; THENCE N86'13'15'W FOR 5.00 FEET; THENCE NO3•46'45'E FOR 16.06 FEET TO THE BEGINNING OF A NON-TANGENTIAL CURVE. ALSO BEING A POINT ON THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4712, PAGE 2198; THENCE ALONG SAID NORTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4712, PAGE 2198 THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE 3.56 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 62.00 FEET, THROUGH A CENTRAL ANGLE OF 3'17'39". AND WHOSE LONG CHORD BEARS S74'37'25"E FOR A DISTANCE OF 3.56 FEET, TO THE BEGINNING OF A NON-TANGENTIAL CURVE; 2) THENCE 1.53 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 00'52'44', AND WHOSE LONG CHORD BEARS S75'49'531 FOR A DISTANCE OF 1.53 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 78 SQUARE FEET MORE OR LESS. SUBJECTTf1 EASE6I8,0 AND RESTRICTIONS OF RECORD. JUN 1 5 2012 (/ia/n MIC A. WARD PROFESSIONAL LAND SURVEYOR LS/ 5301 DAffE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. a.+I Z0 III Au tIA.20011\a00n.00420 1154.•anal we..4sa44.yron".or.And MS,*IMAM^4•.\■,_ s...A5.4re„Ind wwroa.+\>Q-5•n.a715►a_ralrCGeq PROJECT: U.S.41/C.R.951/S.R.95I 111A .SKETCH AND LEGAL DESCRIPTION N °''B. PARCEL 1 03TCE: TEMPORARY CONSTRUCTION EASEMENT 0nay.ItllS�Eq PREPARED FOR COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS owao16P■kiela3109 Naobl 78 FAX PnorI4:12351507-0576 FIU(:1259)597057E LB JOB NUMBER REVIS ON ,ION TOWNSH P RANGE SCALE DATE DRAWN B'' 'FIE NAME SHEET 090081.00.00 2 I SEC 3 , 51S I 26E I 1" = 40' I 6/1/12 I R.A.K. ] SKD_103TCE I 1 OF 1 EXHIBIT "A" N LEGEND Page 3 of 31 1 LOT 1 RW = RIGHT—OF—WAY i CAPRI COMMERCIAL OR = OFFICIAL RECORDS BOOK ':_,�-i,, CENTER NO. 2 PB = PUT BOOK 16 6 1 R 1'a mac / PG = PAGE lF-,�tJ E PB 49, PG 5 / POB = POINT OF BEGINNING LOWE'S HOME CENTERS, INC /h� i NO. = NUMBER S OR 4467, PG 1996 S.R. = STATE ROAD FOLIO NO 25368002589 AKA ' ALSO KNOWN AS 0 40 80 R TRACT P-3 = LENGTH R = RADIUS GRAPHIC A = DELTA _ C8 = CHORD BEARING — _t ',I C = CHORD ate_" 1 \ UNPLATTED d KRG EAGLE CREEK III, LLC — OR 3605, PG 1131 U7 I FOLIO NO. 00726720800 0 ' L=11.34' R=50.00' S8T32'47"E A=1759'23" LOT 1 24.64' C8=N85'S7'31"E \ CAPRI COMMERCIAL C=11.31' CENTER NO. 2 d PB 49, PG 5 \LOWE'S HOME CENTERS, INC 105FEE 1 OR 4467, PG 1996 NO3'46'45"E / 2,331 SF FOLIO N0, 25368002589 1 60.26' 504'56'15"W 4 75.86' L=37.07' R=100.00' I i 5=21'14'31" POB CB=N 64'46'16"W aT- C=36.86' UNPLATTED RED NAPLES HOLDINGS V, LLC D3sRNG RW OR 4712, PG 2198 FOLIO NO. 00726724107 FEE SIMPLE LEGAL DESCRIPTION — PARCEL 105FEE1 INTEREST A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4712, PAGE 2198 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA, ALSO BEING A PLATTED CORNER OF LOT 1 AT THE WESTERLY RIGHT—OF—WAY LINE OF S.R. 951, CAPRI COMMERCIAL CENTER NO. 2 AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE ALONG THE PERIMETER BOUNDARY OF SAID LOT 1, 37.07 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 21'14'31", AND WHOSE LONG CHORD BEARS N64'46'16"W FOR A DISTANCE OF 36.86 FEET; THENCE NO3'46'45"E FOR 60.26 FEET; THENCE ALONG THE PERIMETER BOUNDARY OF SAID LOT 1, THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE S8732'47"E FOR 24.64 FEET TO THE BEGINNING OF A TANGENTIAL CURVE; 2) THENCE 11.34 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 1759'23". AND WHOSE LONG CHORD BEARS N85'57'31"E FOR A DISTANCE OF 11.31 FEET; THENCE SO4'56'15"W FOR 75.86 FEET ALONG THE WESTERLY RIGHT—OF—WAY LINE OF S.R. 951, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2,331 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW lialet JUN 152012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 eC1ATE��NED NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. +w1'!.7077 it'w e1�r\oraon.00.00 r.a,r•CROW I+rwe+rw."ror.Y..w"n�w C 5I MVP�9OZ rruln, - -Su/=1\SMSn.M 0=u.4a Arcz-m.6.0215141Lr011Kr.4.e PROJECT: U.S.41/C.R.951/S.R.951 RIAA:=1„. SKETCH AND LEGAL DESCRIPTION PARCEL 105FEEI: RIGHT—OF—WAY mom* PREPARED POR COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS 6610 "vrt' 3,s9 200 N5 7a 75 Florida FAX-!2981597-0575 FA1C(298)597-0578 JOB NUMBER REVISION SECTION TOwNSWP RANGE SCALE CATE DRAWN BY l9�FL ME SHEET 090081.00.00 1 3 I 51S I 26E I 1" = 80' 1 3/13/12 I R.A.K. I SKD_105FEE1 I 1 OF 1 EXHIBIT"A" N \ / Page 4 of 31 ii k i /N1N6 B 14 , . E 5 0 40 60 GRAPBIC SCALE LOT 1 I" ' 80' CAPRI COMMERCIAL CENTER NO. 2 PB 49, PG 5 LOWE'S HOME CENTERS, INC OR 4467, PG 1996 FOLIO NO. 25368002589 U') N rX I N18'17'33"E 40.80' TRACT P-3 I / 105FEE2 NO3•46'45"E r 654 SF 46.34' ~'-- v / SO4'08'23"W• 86.03' R_ N85'04'47"W 9.69' POB UNPLATTED KRG EAGLE CREEK III, LLC EXISTING OR 3605, PG 1131 FOLIO NO. 00726720800 Q, LEGEND RW = RIGHT—OF—WAY OR = OFFICIAL RECORDS BOOK PB = PLAT BOOK a PG = PAGE \ O = POINT OF BEGINNING N N0.. = NUMBER SIMPLE S.R. = STATE ROAD AKA = ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 105FEE2 IWEREST ' A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, ALSO BEING A PLATTED CORNER OF LOT 1, CAPRI COMMERCIAL CENTER NO. 2 AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N85'04'47'W FOR 9.69 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131; THENCE LEAVING SAID NORTHERLY BOUNDARY NO3'46'45"E FOR 46.34 FEET; THENCE N18•17'33-E FOR 40.80 FEET; THENCE SO4'08'2310/ FOR 86.03 FEET ALONG THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 654 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW JUN 152012 6//4/s MIC L A. WARD PROFESSIONAL LAND SURVEYOR LS/ 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. ..,....a.25,2 ars 4r r\2956\6uoa6r.oam user a comm a,...ss.a ma.. ftA..carol wm\saw ras„w.,-s,,,, as.aas ma Laawar Vat-rw,w.wAs,D—,asnQ.s.• ■ PROJECT: U.5.41/C.R.951/S.R.951x VAC P A��SKETCH AND LEGAL DESCRIPTION ` PARCEL 105FEE2: RIGHT-OP-WAY 6110 Vila.Py►0.16.W.8206 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OP COUNTY COIDIISSIONERS Napalm Fland6 34101 ?rov.(2491507-0675 FAX 123 91 597-0576 LB Na:6952 JOB NUMBER REV'.SION TION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 I SECTION I 51S I 26E I 1" = 80' 1 3/13/12 I R.A.K. I SKD_105FEE2 I 1 of 1 FXHI ITT"A" N N Page 5 f 31 P e I:� H •S *''�''`' 1 b B 1 J 0 40 SO T*14yr 1 CI 4o le i GRAPHIC SCALE 1" = 80' F LOT 1 CAPRI COMMERCIAL N31'36'32"E POB CENTER 18.33' PB 31, PG 52 / TJS NAPLES, LLC OR 4267, PG 3129 / / FOLIO NO. 25368000028 / 105FEE3 / 2,003 SF / r Pi _ N A 4 "/N tl to r- 0C I']/O Z' N S LOT 1 / Vi CAPRI COMMERCIAL '/ CENTER NO. 2 PB49, PG5 LOWE'S HOME CENTERS, INC OR 4467, PG 1996 FOLIO NO. 25368002589 /LEGEND EXISTING RW — RIGHT—OF—WAY N85•56•42"W OR = OFFICIAL RECORDS BOOK 6.59' PB = PLAT BOOK PG = PAGE PO9 = POINT OF BEGINNING NO. = NUMBER FEE•I1101 S.R. = STATE ROAD AKA = ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 105FEE3 1 -∎ ST A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE COMMON NORTHERLY BOUNDARY CORNER OF LOT 1, CAPRI COMMERCIAL CENTER, AS RECORDED IN PLAT BOOK 31, PAGE 52 OF' THE PUBUC RECORDS OF COWER COUNTY, FLORIDA AND LOT 1, CAPRI COMMERCIAL CENTER NO. 2, AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING AOJACENT TO THE WESTERLY RIGHT—OF—WAY LINE OF S.R. 951; THENCE SO4'11'32"W FOR 273.75 FEET ALONG THE WESTERLY RIGHT—OF—WAY LINE OF S.R. 951; THENCE LEAVING THE WESTERLY RIGHT—OF—WAY LINE OF SAID S.R. 951, N85'56•42"W FOR 6.59 FEET; THENCE NO3•46•45"E FOR 257.49 FEET; THENCE N31'36'32"E FOR 18.33 FEET ALONG THE EASTERLY BOUNDARY OF SAID LOT 1, CAPRI COMMERCIAL CENTER (PLAT BOOK 31, PAGE 52), TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2,003 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW JUN 152012 11/4t7 MIC EL A. WARD PROFESSIONAL LAND SURVEYOR LS/ 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. -.+w 4 70'?0:07 w R\709/\000001.0000 .5 •CW5S••••••••••••••••••C'O M 6&I\10N,...V. ,-7.i.•\••••••Ow.+N&•. 1 -A'O=of\Oa-'aVTES,O. • PROJECT: U.S.41/C.R.951/S.R.951 rHC Viallislim SKETCH AND LEGAL DESCRIPTION 1'1 1vc� 1 N PARCEL 105FEE3: RIGHT—OF—WAY 5810iiwr`W P,n,D.+.".Suds 200 PREPARED FOR COLDER COUNTY COVERRIIENT/BOARD OP COUNTY COMMISSIONERS Phoq"'(2361592-0975 Raids A7L(2391 697-05741 L9 No 8952 JOB NUMBER I REVISION SECT'ON TOWNSHIP RANCE SCALE DATE DRAWN BYl1 FILE NAME SHEET 090081.00.00 1 I 3 ' 515 I 26E I 1" = 80' 1 3/13/12 I R.A.K. SKD_105FEE3 1 OF 1 FYHIRIT"A" H / Pyge6of31 ,1:41k „: / • 1 6 B 1 a , .5._„....i, _ 1 S / P o ao 80 \ ` I GRAPHIC SCALE UNPIATTED EXISTING RW KRG EAGLE CREEK N, LLC PG 2822122. 007 2636N0008 IP*. ( �,C 4 'i ti4�N35'42'S0"E r.4 1,�/ L. F 8.00' X44 105FEE4 , , UNPLATTED I? )St, KITE EAGLE • 2,998 SF CREEK, LLC �•4‘..,,,. R OR 3344, PG w Alf- s• 260 ??.∎.4" FOLIO NO. .? ♦`Y.> 007267230 *s'J• 1.? xis'''. 44 i• POB • 44 • S35'37'36"W LOT 1 • CAPRI COMMERCIAL '4` 8.00' CENTER NO. 2 PB 49. PG 5 LOWE'S HOME CENTERS. INC P LEGEND OR NO. 36 1996 LOT 2 \ RW � RIGHT-OF-WAY FOLIO NO. 25368002589 OR - OFFICIAL RECORDS BOOK CAPRI COMMERCIAL PB - PLAT BOOK CENTER REPLAT PG ■ PAGE PB 35. PG 85 P08 - POINT OF BEGINNING NO. - NUMBER TJS NAPLES, LLC 5R - SCALE ROAD FOLIO OR NO.N 25368002026 (A = KNOWN AS FEE SIMPLE LEGAL DESCRIPTION — PARCEL 1 05FEE4 INTEREST A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1, CAPRI COMMERCIAL CENTER NO. 2, AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE 535'37'35"W FOR 8.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID LOT 1; THENCE N54'22'24"W FOR 374.76 FEET; THENCE N35'42'50"E FOR 8.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID LOT 1; THENCE S54'22'24'E FOR 374.75 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. 41, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2.998 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM- ROW JUN 152012 MIC A. WARD PROFESSIONAL LAND SURVEYOR LSO 5301 GATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .+w&M,2 Rre.w&2 eW\0aP0'a1.00.e9 USIr•CAW arwsN"iro,o,"r, •AN C•NS.MINNOW or.n\n,-SoNASINN+.s os.yW.r\IC[-aW ae.CQ\!6-rC61FFwIA PROJECT: U.S.4I/C.R.95I/S.R.851 `WA 1 �� SKETCH AND LEGAL DESCRIPTION PARCEL I05FEE4: RIGHT-OF-WAY 6610 Wdow Park Om%SW.200 WOW,Florida 94109 PREPARED PM COLLIER COUNTY GOVERNMENT/BOARD OP COUNTY COMMISSIONERS Phan:(2991597-0575 FAX:(2361 5974579 1B No:6952 JOB NUMBER SION SECTION TOWNSHIP RANGE SCALE 2ATE CRAWN NY 'ICE NAME SHEET 090081.00.00 I REVISION 3 L 51S 26E I 1" = 80' I 6/4/12 I R.A.K. I SKD_105FEE4 1 OF 1 FXHIBIT "A" N Page 7of31 E 16B is s f O 20 40 UNPLATTED KRG EAGLE CREEK III, LLC GRAPRIC SCALE OR 3605, PG 1 131 I I" ' 'a` \ FOLIO NO. 00726720800 v a E ISTiNG Kw S8T32'47"E P08 5.00' LOT 1 / "OC CAPRI COMMERCIAL NO3'46'45"E CENTER NO. 2 59.15' I N8T32`47"W _ PB 49, PG 5 LOWE'S HOME CENTERS. INC 105TCE 1 / 24 07 OR 4467, PG 1996 299 SF I/ S03'46'45"W in cn f FOLIO NO. 25368002589 I/ 60.26' 7' 6 L=3.56' 33 R=62.00' 1=1.53' Z A=3'17'39" R=100.00' CB=N74'37'25"W A=O'52'44" C=3.56' CB=N75'49'53"W C=1.53' UNPLATTED RED NAPLES HOLDINGS V, LLC OR 4712, PG 2198 FOLIO NO. 00726724107 TEMPORARY LEGEND CONSTRUCTION EASEMENT ORRW = R -00-wAY OR = PLAT BL RECORD6 BOOK PEI = PLAT BOOK DURATION 3 YEARS. P0 " PA`s POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT NO. = NUMBER S.R. = STATE ROAD AKA = ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 105TCE1 A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605. PAGE 1131 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ALSO BEING A PLATTED CORNER OF LOT 1 AT THE WESTERLY RIGHT—OF—WAY UNE OF S.R. 951, AS SHOWN ON THE PLAT OF CAPRI COMMERCIAL CENTER NO. 2, RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N87'32'47"W FOR 24.07 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131. TO THE POINT OF' BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE LEAVING SAID SOUTHERLY BOUNDARY, S03'46'45"W FOR 60.26 FEET TO THE BEGINNING OF A NON—TANGENTIAL CURVE; THENCE ALONG THE SOUTHERLY BOUNDARY OF THE "ACCESS LEG" OF LOT 1, THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE 1.53 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 100.00 FEET. THROUGH A CENTRAL ANGLE OF 00'52'44", AND WHOSE LONG CHORD BEARS N75'49'53'W FOR A DISTANCE OF 1.53 FEET, TO THE BEGINNING OF A NON—TANGENTIAL CURVE; 2) THENCE 3.56 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 62.00 FEET, THROUGH A CENTRAL ANGLE OF 3'17'39". AND WHOSE LONG CHORD BEARS N74'37'25"W FOR A DISTANCE OF 3.56 FEET; THENCE LEAVING THE SOUTHERLY BOUNDARY OF SAID "ACCESS LEG" NO3'46'45"E FOR 59.15 FEET; THENCE S87'32'471 FOR 5.00 FEET ALONG THE NORTHERLY BOUNDARY OF SAID "ACCESS LEG". TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CO NING 299 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTI RI9TIONS OF RECORD. 2012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .w.•20,2&1.Al,c12000\000001.00.00 4 I a Cpl,.,.,..1W.ww....=s•••an,au\yvs Nw•.\P.,•-5 .y\9.40.w 0.n.0**,0r-00 a.m4LOL,000X,aq 41C PROJECT: U.S.41/C.R.951/S.R.951 �s SKETCH AND LEGAL DESCRIPTION s aOd..� �� ss PARCEL 105TCE1: TEMPORARY CONSTRUCTION EASEMENT 6610 Wl..Prk Drive.Suns 200 Nooks.Florida 109 PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Pbns:I23l597.0575 FAi.lzre1597.0620 lB Na:6962 JOB NUMBER I REVISION SECTWNSHP RANGE SCALE DATE DRAWN BY F'L£ NAME SHEET 090081.00.00 2 I ION 3 I TO 51S I 26E I 1" = 40' I 6/4/12 I R.A.K. I SKD_105TCE1 I 1 or 1 FXHIRIT"A" N N Page f 31 P .S 8 p.F44 r o � so 16s GRAPH IC N 1' 80' P LOT 1 CAPRI COMMERCIAL POC CENTER PB 31. PG 52 TJS NAPLES, LLC EXISTING RW OR 4267, PG 3129 LEGEND FOLIO NO. 25368000028 RV/ r RIGHT-OF-WAY in N OR = OFFICIAL RECORDS BOOK PB r PLAT BOOK PC - PAGE .j POB r POINT OF BEGINNNG c POC r POINT OF COMMENCEMENT ry NO. r NUMBER S.R. = STATE ROAD ry AKA r ALSO KNOWN AS rn N85'56'42:, o 7.09' LOT 1 S85'56'42•E CAPRI COMMERCIAL 60.00' CENTER NO. 2 LC) PB 49, PG 5 NO3'46'45•E LOWE'S HOME CENTERS. INC 70.00' %1 POB Cr $ OR 4467, PG 1996 FOLIO NO. 25368002589 f/l S03'46'45"W 105TCE2 70.00' i 4,200 SF 1485'56'42"W 60.00' LEGAL DESCRIPTION — PARCEL 105TCE2 A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE COMMON NORTHERLY BOUNDARY CORNER OF LOT 1, CAPRI COMMERCIAL CENTER, AS RECORDED IN PLAT BOOK 31, PAGE 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND LOT 1. CAPRI COMMERCIAL CENTER NO. 2, AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, LYING ADJACENT TO THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951; THENCE SO4'11'32•W FOR 203.75 FEET ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID S.R. 951; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY UNE N85'56'42'W FOR 7.09 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE 503'46'45•W FOR 70.00 FEET; THENCE N85'56'42•W FOR 60.00 FEET; THENCE NO3'46'45•E FOR 70.00 FEET; THENCE S85'56'42•E FOR 60.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 4.200 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEMPORARY TECM-Row CONSTRUCTION EASEMENT JUN 1 5 2012 DURATION 3 YEARS. itIZtti&" HAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DAZE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. A..a 1o,S,a,s w•\trot\000ast oaoo us.,•Most ae...c..•Anarw.n.,4 A..CM,.IM9fs[aw\#".-sv.+7\sua one draae.•\,C[-•••••R\90_100TCE24.9 PROJECT: U.S.41/C.R.951/S.R.951 vrr or we SKETCH AND LEGAL DESCRIPTION RW'T y .,WMIPPwK PARCEL 105TCE2: TEMPORARY CONSTRUCTION EASEMENT 6010 Who.Park O,-w..9,A.200 $, l...Fl.,da 7/799 PREPARED POR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS MOM(298)5874575 FAX:(238)597-0s» ∎B V...0952 ■ 090081.00.00 1 RC 21OY (SE 3'ON I TC51S IP 6E SCALE 80' I 6/4/12 I 0 RAK. I SKDLE105TCE2 1 SrEET OF 1 EXHIBIT "A" N Page 9of31 11 it-,, v E 6 B I 1 1 0 30 BO _... I GRAPHIC G7 r 1" 60 � LOT 1 1n g CAPRI COMMERCIAL ccomo CENTER N0. 2 PB 49, PG 5 S85'56'42"E LOWE'S HOME CENTERS, INC 5.00' OR 4467, PG 1996 v1 P N FOLIO NO. 25368002589 %n 7 n / b/-"1 / N18'17'33"E / 105TCE3 40.81` fj821 SF TRACT P-3 NO3'46'45"E S03'46'45"W 46.87 - z,-`---------___. 1 _ Poe CONSTRUCTION EASE EN- N85'04'4 oo POC DURATION 3 YEARS. N85'04'47'11 UNPLATTED 9.69 LEGEND KRG EAGLE CREEK III, LLC RW . RIGHT-OF-WAY OR 3605, PG 1131 OR .. PIAT BO RECORDS BOOK FOLIO NO. 00726720800 PB • PLAT BOOK PG . PAGE POB • POINT OF BEGINNING POC = POINT OF' COMMENCEMENT NO. . NUMBER AKA . ALSO KNOWN AS LEGAL DESCRIPTION - PARCEL 105TCE3 A PARCEL OF LAND LYING IN SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131 OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA. ALSO BEING A PLATTED CORNER OF LOT 1, CAPRI COMMERCIAL CENTER NO. 2. AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLDER COUNTY, FLORIDA, ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY UNE OF STATE ROAD 951; THENCE N85'04'47"W FOR 9.69 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131. TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE CONTINUE N85-04'47"W FOR 5.00 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY, NO3•46'45"E FOR 46.87 FEET; THENCE N18'17'331 FOR 40.81 FEET THENCE NO4•00'59"E FOR 76.49 FEET THENCE S85'56'42"E FOR 5.00 FEET. TO A POINT ON THE WESTERLY RIGHT-OF-WAY UNE OF STATE ROAD 951; THENCE 504'00'59"W FOR 77.12 FEET, ALONG SAID WESTERLY RIGHT-OF-WAY UNE; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY UNE, S18'17'33'W FOR 40.80 FEET; THENCE S03'46'45"W FOR 46.34 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 821 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM- ROW 20' JUN 1 5 2012 c MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS4 5301 DA SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Ai,s O.IOU!tJ AY►.\Zoos\or0o.t.*ow USA.•00O$ wsslM`.o.e.ss.sAt_AM MS,NM\soi Plum\M,-5..n \KMM MO Osserytls."\lCE-A*Row 09W0_1061KJ4.9 PROJECT: U.S.41/L DESCRIPTION ' 4 SKETCH AND LEGAL DESCRIPTION PARCEL 105TCE3: TEMPORARY CONSTRUCTION EASEMENT 6610*low Park Wyk&AY 200 PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Pho,,.:12N40404..09775 FAX:1239)5974579 u Mx.6052 JOB MLM9ES I REVISION SECTION TOWNSHIP RANCE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 0 I 3 I 51S I 26E I 1" - 60' I 6/4/12 I R.A.K. I SKD-105TCE3 I 1 of 1 EXHIBIT"A" Pacle 10 of 31 N 1� ,..,�,. N 's P � B iM '*k Y s 4/ 0 30 60 J GRePIC. !"r NI IC SCALE r- so I S31'36'32"W 1 18.33' \ i LOT 1 PO CAPRI COMMERCIAL N31'36'32-E j POC TEMPORARY CENTER 10.71' j PB 31, PG 52 TJS NAPLES, LLC / °" my CONSTRUCTION EASEMENT OR 4267, PG 3129 I DURATION 3 YEARS. FOLIO NO. 25368000028 / °o 105TCE4 'f �/ 914 SF w a _ / �/ t, ( SOS46'451V ZI 187.49' et w I / LOT 1 CAPRI COMMERCIAL N85'56.54.201,10. T CENTER NO. 2 PB 49, PG 5 I LEGEND LOWE'S HOME CENTERS, INC I OR :p � RECORDS OR 4467, PG 1996 PB = PLAT BOOK BOOK FOUO NO. 25368002589 I PG = PAGE 11 POO = POINT OF BEGINNING POC = POINT Of COMMENCEMENT NO. = NUMBER � S.R. = STATE ROAD LEGAL DESCRIPTION — PARCEL 105TCE4 I AM = ALSO KNOWN AS A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST. COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EASTERLY PLATTED CORNER OF LOT 1, CAPRI COMMERCIAL CENTER LYING ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 951, AS RECORDED IN PLAT BOOK 31, PAGE 52 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA. ALSO BEING THE NORTHEASTERLY PLATTED CORNER OF LOT 1, CAPRI COMMERCIAL CENTER NO. 2. AS RECORDED IN PLAT BOOK 49, PACE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE 531'36'32-W FOR 18.33 FEET. ALONG THE COMMON BOUNDARY OF SAID LOT 1, CAPRI COMMERCIAL CENTER AND SAID LOT 1, CAPRI COMMERCIAL CENTER NO. 2, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE LEAVING SAID COMMON BOUNDARY, S03'46'451V FOR 187.49 FEET; THENCE N85'56'42'W FOR 5.00 FEET; THENCE NO3'46'45-E FOR 178.00 FEET, TO A POINT ON SAID COMMON BOUNDARY; THENCE N31"36.32.E FOR 10.71 FEET ALONG SAID COMMON BOUNDARY, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 914 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM -ROW JUN 1 5 2012 i Gdel/GINE()MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LSN 5301 NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED-PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. as a ton eta AI=\2mo\auaa.am as.i•nil r.....y....w....,A.OM?.M\si P.. l-s...As,w A.0...Yr.VU-0.1.0"00-...C(...7 9C PROJECT: U.S.41/C.R.961/S.R.951 = SKETCH AND LEGAL DESCRIPTION A►M9.9s PARCEL 105TCE4: TEMPORARY CONSTRUCTION EASEMENT WO Wes.Part[Wm Sww 200 PREPARED FOR COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS FN.,(23915974075 FAX. N597407t 1.9 Na 9967 JOB NUMBER REVISION SECTION TOWNSF+IPI RANG;. SCALt DM.' DRAWN BY I'Itr NAME VILE/090081.00.00 0 3 I 51S 1 26E I 1" = 60' 6/5/12 I RAK. I SKD 105TCE4 I 1 Ot 1 EXHIBIT"A" N Page 11 of 1 �f`�d LOT 1 4 I ail E CAPRI COMMERCIAL ry 16 B .,.. y CENTER NO. 2 PB 49. 5 0 4o 80 OR LOW HOME E CENTERS, INC OR 4467, PG 1996 / FOLIO NO. 25368002589 I, GRAPHIC SCALE 1" 80' v TRACT P-3 ��— 585'04'47"E EXISTING RW 9.69' _--__y .- POB OA N UNPLATTED ��ii .- KRG EAGLE CREEK IN, LLC OR 3605, PG 1131 'PI f FOLIO NO. 00726720800 I 0 19`N 8 N49'31'04"E o/ N a 21.84' Z/o i NO3'46•45"E rn 40r 10.02' P 107FEE 2,090 SF \a N87'32'47"W 24.07' Q' UNPLATTED RED NAPLES HOLDINGS V. LLC OR 4712. PG 2198 LEGEND FOLIO NO. 00726724107 FAY = RIGHT-OF-WAY OR = OFFICIAL RECORDS BOOK PB = PLAT BOOK 6' PC = PAGE POB = POINT OF BEGINNING NO. = NUMBER FEE SIMPLE I S.R. = STATE ROAD LEGAL DESCRIPTION — PARCEL 107FEE INTEREST 'W` = ALSO KNOWN AS A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH. RANGE 26 EAST, COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131 OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA. ALSO BEING A PLATTED CORNER OF LOT 1, CAPRI COMMERCIAL CENTER NO. 2 AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE 504'08'23"W FOR 200.50 FEET ALONG THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951; THENCE N8732'47"W FOR 24.07 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605. PAGE 1131; THENCE LEAVING SAID SOUTHERLY BOUNDARY, NO3•46'45"E FOR 10.02 FEET; THENCE N4731'04"E FOR 21.84 FEET; THENCE NO3'46'45"E FOR 175.98 FEET; THENCE S85'04'47"E FOR 9.69 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DECSRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131 TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2,090 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW JUN 15 2012 /1/0/1/ ti MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS/ 5301 �C1AfT SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Awe A 20,1 ICI,IN*WOW\0000111.0,40 44 •0101 MN, l,.Mop.•«"....A..CAW AMAMI P+s\n.,-suns\s.ws.w ow,.MW+\rCE-4W Aw 0 SM.?o ,q. PROJECT: U.S.41/C.R.951/IPTION __ SKETCH AND LEGAL DESCRIPTION algres PARCEL 107FEE: RIGHT-OF-WAY 8010 Wow.Park On.t Stir 200 PREPARED FOR COWER COUNTY GOVERNMENT/BOARD OF COUNTY COM111SSIONERS Pt.....I2 z X.��y1.01n LB N...0542 .iOB NUMBER I REVISION SECT ON TOWNSH,P RANGE SCALE CATS CRAWN BY FILE NAME SHEET 090081.00.00 1 I 3 ( 51S I 26E I 1" = 80' ` 3/13/12 R.A.K. SKD-107FEE I 1 OF 1 EXHIBIT "A" 1 6 B 1 +r Page 12 of 31 N fib. �i E I S 0 20 40 GRAPHIC 1 1' = 40' UNPLATTED KRG EAGLE CREEK III, LLC OR 3605, PG 1131 NNN FOLIO NO. 00726720800 t''.—EXISTING Rw 107TCE1 49 SF 586'13'15"E g 5.00' NO3'46"45"E S03'46'45"W 10 e 9.79' 9.67' 8 N8732'47-W N 5.00' POC i LOT 1 N87'32"47"W CAPRI COMMERCIAL POB 24.07' CENTER NO. 2 P8 49, PG 5 LOWE'S HOME CENTERS, INC OR 4467, PG 1996 FOUO NO. 25368002589 UNPLATTED RED NAPLES HOLDINGS V, LLC OR 4712, PG 2198 FOLIO NO. 00726724107 LEGEND i RV 44 RICHT—OF—WAY OR : OFFICIAL RECORDS BOOK PB - PLAT BOOK PG - PAGE POB - POINT OF BEGINNING POC - POINT OF COMMENCEMENT LEGAL DESCRIPTION — PARCEL 107TCE1 No. - NUMBER A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PLATTED CORNER AT THE WESTERLY RIGHT—OF—WAY UNE OF S.R. 951, AS SHOWN ON THE PLAT OF CAPRI COMMERCIAL CENTER NO. 2, RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N87'32'47'11/ FOR 24.07 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE CONTINUE ALONG SAID SOUTHERLY BOUNDARY, N87'32"47"W FOR 5.00 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY, NO3'46'45"E FOR 9.79 FEET; THENCE S86'13'15"E FOR 5.00 FEET; THENCE SO3'46"45'1Y FOR 9.67 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 49 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEMPORARY TECM -Row CONSTRUCTION EASEMENT JUN 1 5 2012 DURATION 3 YEARS. (1/E/t ICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 AT SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. ..w k 2011 kit ar Ile\20W\000olrm4o US.8 CM!`MrreuN.orwomonty Mel CM,met ',only*'.r-suns\Swrss And D...0..\R[-ar em m\Lm-ronC0P.M PROJECT: U.S.41/C.R.951/S.R.951 °�p�K SKETCH AND LEGAL DESCRIPTION 1 1. PARCEL 107TCE1: TEMPORARY CONSTRUCTION EASEMENT WO wrlow Park CAN.,Sake 200 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OP COUNTY COMMISSIONERS Naples. FiXd109 Mane 1239)59I-057S FAX(239)567-06711 _ LB Na..6962 .0R NUMBER I REVISION SECTON TOWNSHIP RANGE SCALE DATE AWN 3Y PL.( NAME SHEET 090081.00.00 2 I 3 I 51S I 26E 11 = 40' I 6/6/12 I DR R .K. I SKD_107TCE1 I 1 of 1 EXHIBIT"A" Page 13 of 31 N '.__. t 1 6 6 i �Qj.\ LOT 1 As.- �, �� E CAPRI COMMERCIAL \\1%•:�` CENTER NO. 2 A PB 49, PG 5 S LOWE'S HOME CENTERS, INC 0 40 so OR 4467, PG 1996 o FOLIO NO. 25368002589 /h,. / �' pny�NO CFAPNIC SCALE r = 80' TRACT P-3 1 r 5.00' 47'E 5.00' N85'04'47'W �_ _'�e,,____� 1 9.69' Li : , , „ UNPLATTED ` POBPOC KRG EAGLE CREEK III, LLC OR 3605, PG 1131 •\ FOLIO NO. 00726720800 # g NO3'46.45*E # S03'46'45"W p�j 180.95' o I 175.98' 107TCE2 892 SF r• N i • i N ar' S49'31'041W N __ 6.98' a UNPLATTED RED NAPLES HOLDINGS V, LLC LEGEND OR 4712, PG 2198 RW = RIGHT-OF-My FOLIO NO. 00726724107 OR = OFFICIAL RECORDS BOOK P8 • PLAT BOOK PG - PAGE POB ■ POINT OF BEGINNING NO. ,. NUMBER S.R. - STATE ROAD LEGAL DESCRIPTION — PARCEL 107TCE2 AKA ALSO KNOWN AS A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH. RANGE 26 EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, ALSO BEING A PLATTED CORNER OF LOT 1, CAPRI COMMERCIAL CENTER NO. 2, AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY OF STATE ROAD 951; THENCE N85'04'4714/ FOR 9.69 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE LEAVING SAID NORTHERLY BOUNDARY, S03'46'451W FOR 175.98 FEET; THENCE S49'31'04"W FOR 6.98 FEET; THENCE NO3'46'45-E FOR 180.95 FEET, TO A POINT ON SAID NORTHERLY BOUNDARY; THENCE S85'04'47'E FOR 5.00 FEET ALONG SAID NORTHERLY BOUNDARY, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 892 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEMPORARY TECH -ROW CONSTRUCTION EASEMENT JUN 15 2012 / �/,( OURATIo,i 3 YEARS. MIC A. WARD PROFESSIONAL LAND SURVEYOR LS 5301 I DATE�SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. AA*1A 201=.:I]Ptl!\2Wp I000t.0000 1441 t cam aft....aN,.„u".ed Nq caay,..1\03',ay..i-a,.•..4.,,M,4tl 0.,.,ryr,.\1C-M ot.aA„,,0)'.../q TA )� PROJECT: U.S.41/C.R.951/S 8.951 .rtabois SKETCH AND LEGAL DESCRIPTION vtuarrs RIATIL a'isve..... PARCEL 107TCE2: TEMPORARY CONSTRUCTION EASEMENT so:ow Ioor,mpn,4.sAI 200 ! PREPARED Mt COWER COUNTY COVERNMF.NT BOARD OF COUNTY COMMISSIONERS Na017. 7S Raids*MO � Mors axes seTasn FAx PM 507a67e :B No:6962 .O9 NUMBER I REVIS'ON 'ON WN5)IP RANCE SCALE CA'E DRAWN BY FILL NAVE SHEET 090081.00.00 0 I SECT 3 I TO 51S I 26E I 1' 4• 80' I 6/8/12 I R.A.K. I SKD_107TCE2 I 1 of 1 kYJ-HIQIT 1101, N Page 1/4-of 31 r��)I�e.... 1 i . ,„...t / 1 6 8 i, ,,,, S G 0 4, 80 / S GRAPHIC SCALE NNN "t C `•• 80, v /4444,4)...h7y LEGEND , 17 RW RIGHT-OF-WAY P EKISTINC RW Qj OR = OFFICIAL RECORDS BOOK PB = PLAT BOOK PG = PAGE ROB POB = POINT OF BEGINNING NO. = NUMBER / L072 N3537'36"E S.R. = STATE ROAD 109FEE 1 AKA = ALSO KNOWN AS CAPRI COMMERCIAL 8.00' •4 S • 1,561 SF CENTER REPEAT fit PB 35, PG 85 •S A TJS NAPLES, LLC 4f '4,�'4, K. OR 4267, PC 3129 c'?•4t:e FOLIO NO. 25368002026 /r V 49 / ?`19�'. 570'13'06*W LOT 1 9.72' CAPRI COMMERCIAL N CENTER P PB 31, PG 52 TJS NAPLES, LLC OR 4267, PG 3129 FOLIO NO. 25368000028 P LOT i /1 I CAPRI COMMERCIAL CENTER NO. 2 CC 6 PB 49, PG 5 V) LOWE'S HOME CENTERS, INC f� OR 4467, PG 1996 FEE SIMPLE i i FOLIO NO. 25368002589 INTEREST LEGAL DESCRIPTION - PARCEL 109FEE 1 A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1, CAPRI COMMERCIAL CENTER AS RECORDED IN PLAT BOOK 31, PAGE 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A COMMON CORNER WITH LOT 2. CAPRI COMMERCIAL CENTER REPLAT, AS RECORDED IN PLAT BOOK 35, PAGE 85 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. 41; THENCE S54'22'24"E FOR 197.91 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. 41, TO THE INTERSECTION OF SAID SOUTHERLY RIGHT-OF-WAY LINE OF U.S. 41 AND THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951; THENCE LEAVING SAID RIGHT-OF-WAY LINES, S70'13'O6"W FOR 9.72 FEET; THENCE N54'22`24"W FOR 192.39 FEET. TO A POINT ON THE WESTERLY BOUNDARY OF SAID LOT I. CAPRI COMMERCIAL CENTER. AS RECORDED IN PLAT BOOK 31, PAGE 52 OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE N35'37`36"E FOR 8.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID LOT 1, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1,561 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW AUG i320i2 /L14 ' z $[/-� MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY bp.*10.2011 IRI6 M1 R\20011W90061.0000 USOI&CQ I rew..dy„rprwww.b Ad CM 3?R ',90f R=.\Fl 1-Su...W.10o pro 0..e.w.•\ra-9W 14.o,\S6._10oaiq.. PROJECT:SKETCH AND LEGAL DESCRIPTION [ .1 PARCEL 109FEEI: RIGHT—OF—WAY 6610 VOW,P ma Driv..WI&200 PREPARED 1011: COLLIER COUNTY GOVERNMENT/BOARD O/COUNTY COMMISSIONERS Phone(Z39)59243575�'��15 70576 LB P .:6952 .08 NUMBER I REViSIO I SECTION TOWNSHIP RANCE SCALE ^ATE DRAWN RY F LE FUME SHEET 090081.00.00 4 I 3 I TO 51S I 26E I 1" a 80' I I R.A.K. I SKD_109FEEi I 1 31 1 EXHIBIT "A" Page 15 of 1 N 5B 11 •:,. N S 0 40 80 NNNN GUNK SUE /, 1'. 80' V NNNKN EXISTING RW / •.VC P ti�IT r 109FEE2 -"all LOT 1 N35'37'00' .•• SS 1.368 SF • s• •CAPRI COMMERCIAL 4,6.•2�? CENTER NO. 2 / s2 4,4e PB 49, PG 5 Q LOWE'S HOME CENTERS, INC / ?sk'�4:e, OR 4467, PG 1996 / 0 ga�4.. FOLIO NO. 25368002589 LOT 2 •• CAPRI COMMERCIAL / CENTER REPEAT LS35'37'3W 6" PB 35, PG 85 8.00' 5' TJS NAPLES. LLC OR 4267, PG 3129 gyp,\ FOLIO NO. 25368002026 / /a / • LOT 1 LEGEND CAPRI COMMERCIAL RW = RIOHT-OF-WAY >° CENTER OR . OFFICIAL RECORDS BOOK PB 31, PG 52 P8 . PLAT BOOK PC . PACE TJS NAPLES, LLC NNN/ P013 = POINT OF BECOMING OR 4267, PG 3129 NO. . NUMBER FOLIO NO. 25368000028 SR . STATE ROAD AKA . ALSO KNOWN AS FEE IM<'E LEGAL. DESCRIPTION - PARCEL 109FEE2 A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 2, CAPRI COMMERCIAL CENTER REPEAT, AS RECORDED IN PLAT BOOK 35, PAGE 85 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE S54'22'24"E FOR 170.98 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. 41: THENCE S35'37'36"W FOR 8.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID LOT 2; THENCE N54'22'22'W FOR 170.98 FEET; THENCE N35•37'36"E FOR 6.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID LOT 2. TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1.368 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM- ROW AUG 162012 jAkt,HAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. +w a nn as r..tw.Wae..,oaoe un,•an,w.n....1........Cpl,...UM' V' .44",\J6•10 ry u+rw..Va-Ter Om min_wren., PROJECT: 0.3.41/C.R.951/S.R.961 Tj� SKETCH AND LEGAL DESCRIPTION J��fC°iw(' Pimmog P giz„,,,.‘50:-....... ARCEL 109FEE2: RIGHT-OF-MAY es,uwa..Pat ow.sr.no PREPARED FOR COUJBE COUNTY CO9ERNIENT/BOARD OF COUNTY COMMISSIONERS N F uia F,w It]iI 5474179 FAX am 0!7•01171 JOB NUMBER ISION SECTION TOWNSHIP RANGE SCALE GATE DRIWN BY F1LEE NAME SMELT 090081,00.00 I REVISION I SEC 3 I 515 I 28E 1" = 80' I 6/8/12 R.A.K. I SKD_109FEE2 I 1 OF 1 EXHIBIT "A" Page 16 of 31 R 168 1 .4 �o a NO S tiJr J 4R % 1•a � vti7.1, rv.44QY LEGEND / ,'It�1RICHT-of-wAY OR . OFFICIAL RECCROS BOOK PB . PLAT BOOK / N . PAGE P08 . POINT OF BEGINNING N0O . . NUMBER LOT 2 S.R. . STATE ROAD AKA. ALSO KNOWN AS /a CAPRI COMMERCIAL / CENTER REPLAT P8 35, PG 85 TJS NAPLES, LLC N0 NW OR 4267, PG 3129 P FOLIO NO. 25368002026/ N70'13'06'E 9.72' 109FEE3 475 SF SO4'11'321N LOT 1 48.48' CAPRI COMMERCIAL NO3'46'45"E_, CENTER 60.81" PB 31, PG 52 P06 TJS NAPLES, LLC S31'36'32"W OR 4267, PG 3129 18.33' FOLIO NO. 25368000028 RW P }4 1 LOT 1 la i CAPRI COMMERCIAL I CENTER NO. 2 / a b PB 49, PG 5 Et LOWE'S HOME CENTERS, INC OR 4467, PG 1996 FEE S i FOLIO NO. 25368002589 IMFEI LEGAL DESCRIPTION - PARCEL 109FEE3 A PARCEL OF LANG LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE COMMON EASTERLY BOUNDARY CORNER OF LOT 1, CAPRI COMMERCIAL CENTER, AS RECORDED IN PLAT BOOK 31, PAGE 52 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA AND LOT I CAPRI COMMERCIAL CENTER NO. 2. AS RECORDED IN PLAT BOOK 49. PAGE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951; THENCE S31'36'32'W FOR 18.33 FEET ALONG THE EASTERLY BOUNDARY OF SAID LOT 1. CAPRI COMMERCIAL CENTER, AS RECORDED IN FIAT BOOK 31. PAGE 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE LEAVING SAID EASTERLY BOUNDARY, NO3'46'45"E FOR 60.81 FEET; THENCE N701 3'067 FOR 9.72 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. 41; THENCE 504'11'32.W FOR 48.48 FEET ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF S.R. 951, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 475 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW AUG 152012 MtkIL 0li34I.. MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR 1.51 5301 l7ATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. -x my,er w ONOMesentaue tea A awe rr,..,r..r....A.Ar 0461&WNW Ma•Y,'-S.-71a"'"Awl a Aa...VU-s e.e.1~0rg3.4 PROJECT: U.S.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRIPTION 1 PARCEL 109FBES: RIGHT-OP-WAY 0610w000 40k OM.UN 400 PREPARED FOIE COWER COUNTY GO4®INVHIT/B0*RD OF COUNTY CONNISSIONERR re....NU)507 44X:12:110 517.0174 IBNu:pat JOB NUMBER 090081.00.00 I REVISION I SECTION I TlTV151 RANEE I 1 SCALE 1 712/12 1D R.A.K. I SKD`.109FEE3 I 1 SHEET OF 1 EXHIBIT "A" Page 17 of 31 168 1 w ': 4E 0 20 a0 (%S GRAPHIC SCALE 1" 40' 1 Yip POC NW CORNER tit ' le 101 2 S54'22'24"E (n. 53637'36'1 6.25' Fs 8.00' P08 pO(i Rs4/t 0 N35'315.00' S54'22'24-E ,o 47, 50.00' l as3�r 9S r 4, P 109TCE1 o co �r r t2se 'I'C' s'2 . j 750 SF 2` s 4 S35'37'0014/ 15.00' K3STING Fo Q4(4 ,? + s4 ?S�c 0 a 009oRr 40,>.2 0?6 ' P�b '3C tf,14 LEGEND RW - RIGHT-OF-WAY OR = OFFICIAL RECORDS BOOK PB e. PLAT BOOK PG . PAGE P08 - POINT OF BEGINNING /N0. NUMBER LEGAL DESCRIPTION - PARCEL 109TCE1 A PARCEL OF LAND LYING IN SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 2, CAPRI COMMERCIAL CENTER REPLAT, AS RECORDED IN PLAT BOOK 35, PAGE 85 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PLATTED CORNER OF LOT 1, CAPRI COMMERCIAL CENTER NO. 2. AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. 41; THENCE S35'37'3611/, ALONG THE WESTERLY BOUNDARY OF LOT 2, CAPRI COMMERCIAL CENTER REPLAT. AS RECORDED IN PLAT BOOK 35, PAGE 85 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA FOR 8.00 FEET; THENCE LEAVING THE WESTERLY BOUNDARY OF SAID LOT 2, S54'22'24*E FOR 6.25 FEET. TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE CONTINUE 554'22'24"E FOR 50.00 FEET; THENCE 535'37'00-W FOR 15.00 FEET; THENCE N54'22'24144 FOR 50.00 FEET; THENCE N35'37'00=E FOR 15.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 750 SQUARE FEET MORE ORMflI1� 1 TO EASEMENTS AND RESTRICTIONS OF RECORD. TE CONSTRUCTION EASEMENT TECM- ROW DURATION 3 YEARS. JUN 15 2012 /1/bilitv v/� w MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS/ 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR ANO MAPPER. THIS IS NOT A SURVEY. w.r r3 m,=<,r w k\2OEr\0x04,.0000 u0./1 flu, OM,...\r7.PMA.P ,-+.MS+/N w.O•••••••\a-J,w r 02 ,aCL,s.r SKETCH A'IDS LEGAL R DESCRIPTION 1?. ? �fl� PARCEL 109TCE1: TEMPORARY CONSTRUCTION EASEMENT 9910 rv..Park Delia.6.M.200 '1M0.r.Flondx 34100 PREPARED FOR COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Ana-go.I23o 07.0575 FAX':239169I4670 LB Mx.0462 JOB NUMBER REVSON SECT'CN TOWNSHIP M RANGE SOE CAVE DRAWN Br FILE NAME SHEET 090081.00.00 i 2 I 3 I 51S I 26E 1' - 40' I 6/8/12 1 R.A.K. I SKD_109TCE1 I 1 OF 1 FXHIRIT"A" N Page 18 of 31 1,4 tii l E 169 1 II W S / tn GRAPHI 4 M 62f, sei rCuSTING RW Ott) P POB N35'398 00' 74.79'/,�,, S54'23'19"E KRG EAGLE CREEK IV, LLC ,, 1 1 OFEE 1 OR 4122, PG 2822 ,/► 598 SF FOUO NO. 00726360008 N5423'19 1'1 UNPLATTED 535'42'50"W 8.00' LOT 1 KITE EAGLE CREEK, LLC CAPRI COMMERCIAL OR 3344, PG 260 CENTER NO. 2 NNN FOLIO NO. 00726723001 PB 49, PG 5 UNPLATTED LOWE'S HOME CENTERS, INC OR 4467, PG 1996 FOLIO NO. 25368002589 LEGEND RW = RIGHT-OF-WAY OR = OFFICIAL RECORDS BOOK PB = PLAT BOOK PG = PAGE POB - POINT OF BEGINNING NO. = NUMBER / FEE SIMPLE SR .•=� AUSO KNOWN AS LEGAL DESCRIPTION - PARCEL 110FEE1 INTEREST A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4122, PAGE 2822 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, ALSO BEING A COMMON CORNER WITH THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. 41; THENCE 554'23'19"E FOR 74.79 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY UNE OF U.S. 41; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE, S35'42'50"W FOR 8.00 FEET ALONG THE WESTERLY BOUNDARY OF LOT 1, CAPRI COMMERCIAL CENTER NO. 2, AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE LEAVING SAID WESTERLY BOUNDARY, N54'23'19"W FOR 74.79 FEET, TO A POINT ON THE EASTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4122, PAGE 2822; THENCE N35'39'28"E FOR 8.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4122, PAGE 2822, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 598 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM- ROW JUN 152012 PTV �3 /Z MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. a"s 4 202 II:33.1r w\2a1l\0s0011.00.00 us//1 mat.rows.."Na"w,w+r AM and.A!\ros"sn.V0 l-sunft sum.A.4 C ..4.Ala-aw w.ar\SP:0—,WEEP 0.9 PRO JECT: U.S.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRIPTION FI VIrV PARCEL I10FEE I: RIGHT-OF-WAY 6610 W209 PalkOme.Sots 200 PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD "9"0x"10° /BOARD Oi COUNTY COMMISSIONERS rMOn.�hea15976575 cAx:IZ0a1s6r_cszfi LB Na.:6952 .09 NJ12BER REVCS!ON SECTION TOWNS.IP RANCE SCALE DATE DRAWN BY F'LE NAME SHEET 090081.00.00 J_ 2 3 I 51S I 26E i 1" = 40' [ 6/8/12 I R .K. I SKD_110FEE1 , 1 OF 1 PVI-III IT "A" N Page 19 of 31 . 'A,,,:i E RW -= OFFICIAL RIC RECORDS K \'14k�iy. PB = PLAT BOOK �.- PG = PAGE FOB = POINT OF BEGIN NI N0. = NUMBER 0 20 40 SR = STATE ROAD f--'--�IYri�1 AKA = ALSO KNOWN AS GRAPHIC SCALE \a 1. _ 40' WACHOVIA BANK OR 2093, PG 1781 FOLIO NO. 73550000024 & THE SHOPS CREEK, N35'37'36'E ' 44 y EAGLE k, UNIT ONE 15.00' lN,q} PB 25 PG 44 e' 110FEE2 sIr. 2,782 SF �3i '' v KITE EAGLE CREEK, LLC esg,9 EXISTING RW OR FOLIO N04 FOL 0072672 001 POB UNPLATTED 4 / 535'39'28"/ 15.00' a. KRG EAGLE CREEK IV, LLC J OR 4122, 2822 / FOLIO N0.O. 00726360008 636060 008 FEE SIMPLE INTEREST UNPLATTED LEGAL DESCRIPTION — PARCEL 110FEE2 A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4122, PAGE 2822 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A COMMON CORNER WITH THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. 41; THENCE S35'39'28"W FOR 15.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4122, PAGE 2822; THENCE LEAVING SAID WESTERLY BOUNDARY N54'23'191W FOR 185.49 FEET, TO A POINT ON THE WESTERLY BOUNDARY OF' SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260; THENCE N35'37'36'E FOR 15.00 FEET ALONG SAID WESTERLY BOUNDARY, TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. 41; THENCE 554'23'19"E FOR 185.50 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF U.S. 41, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2,782 SQUARE FEET MORE OR LESS. SUB.ECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM- ROW AU6132012 4 /6 $ ___ ����_ MIC EL A. WARD PROFESSIONA! LAND SURVEYOR LSD 5301 DATE S GNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Aq.•,Ia 2012 1P14 AM•\ZW.\D•0•,A0.00 WWI•C.!!I.,.••ea•ro.w..,.nu A,.Gr•t..flws ewe\A,-S,nw\9wW AM DwniN.10,TCE-■w I.03\510..110,73:24.• PROJECT: U.S.41/C.R.951/S.R.951 nil j TNT vAIrea SKETCH AND LEGAL DESCRIPTION £01+ %Fjcolvnicom22.784149,4 PARCEL 110FEE2: RIGHT-OF-WAY 661DINNew Pork D.N..SLAIN 200 Naples.FloNla PREPARED FOR: COWER COUNTY GOVERNMENT/LARD OF COUNTY COMMISSIONERS F.or.:(239) 575 FAX:(739)507-0579 LB Na.east JOB NUMBER 1 REVISION SECTION 'OWNS P RANGE SCALE DATE DRAWN B' FP_E NAME ;Hal- 090081.00.00 2 I 3 I 51S 26E 1" = 40' 1 8/10/12 ' R.A.K. I SKD_110FEE2 I 1 of 1 FXHIR11 "A" , H Page 20 of 31 . Ir—_ E 8 1 i .+�ti�,, S 0 20 a GRAPHIC t!l 1• ' 40' rtis l'T EXSTING RW ty�'9Y 535'39'281A ill 8.00' & '08 irt, O7).1`f N35'39'28'E : S5a'23 '19 E 53.31' PR 5.00' 1�■ 110TCE -00 4t)s'? 'S't • a 267 SF F� ■ ejaev,440 _Oo S54'231 9'E 6 53.31' A. 535'39'281W N 5.00' 6 NY 2 ry�^ \ J St". .�^ Aso Qs,t 0.� LEGEND 4Taa Y� �,O 6> 0 RW - RIGHT-OF-WAY 65 �S�Ca'iQ' P8 - PUTCUIL RECORDS BOOK BOOK p e9q B 99 r PG = PAGE CFtij.00a / �QSB P0C = PONT OF COMMENCEMENT •9 p 1040 SR = STATE B ROAD G, ?.h/t AKA >= ALSO KNOWN AS 3' /4- LEGAL DESCRIPTION - PARCEL 110TCE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4122. PAGE 2822 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, ALSO BEING A COMMON CORNER WITH THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3344. PAGE 260 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. 41; THENCE S35'39'281W FOR 8.00 FEET. ALONG THE EAST LINE OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4122, PAGE 2822 OF THE PUBLIC RECORDS OF COLLIER COUNTY, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE LEAVING THE EAST LINE OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4122, PAGE 2822. S54'23'19'E FOR 53.31 FEET; THENCE 535'39'28*W FOR 5.00 FEET; THENCE N54'23'19"W FOR 53.31 FEET TO SAID EAST LINE; THENCE N35'39.281 FOR 5.00 FEET ALONG THE EAST LINE OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4122, PAGE 2822. TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 267 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEMPORARY TECM- ROW CONSTRUCTION EASEMENT JUN 1 5 2012 ��jj�� DURATION 3 YEARS. tkAEL A WARD PROFESSIONAL LAND SURVEYOR LS/ 5.301 D�IE�SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. J..R 2012 11w7 n1 62‘2000 1,00000I-00.00 U041•CMS'....Ow M....• w romp etl1\/r¢Il y\0r,-=w.r\ss•r•r.D=O00n..\102-0r/a.Di\7x0_1rORX., . 02 PROJECT: U.S.41/C.R.951/S.R.951 vh SKETCH AND LEGAL DESCRIPTION Rvip. `► . PARCEL 110TCE: TEMPORARY CONSTRUCTION EASEMENT 6010 Paw Park Dm".Sul/200 PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Pna•(2zw� AX Ram 59 207 LE No..east JOB NUMBER I REVISION SECTION TOWNSHIP 1 RANGE SCALE DATE 11 DRAWN BY FILE NAME SHEET 090081.00.00 2 I 3 51S I 26E ' 1' = 40' I 6/8/12 f R.A.K. I SK0_110TCE I 1 of 1 'f.NIBIT "A" N LEGEND Page 21 of 31 RW = RICHT-OF-WAY OR = OFFICIAL RECORDS BOOK Al i.1d PB = PLAT BOOK i le.y,., PC = PAGE ,+s ,�Il e ;�51 ►� POB = POINT OF BEGIN i I .,-�'i �P 40. = NUMBER SR = STATE ROAD S -EXISTING RW AKA = ALSO KNOWN AS 0�-�---. 2�0.�.,,40 GRAPHIC & 1' ° a' N35'39.281 (r��ti/ VOL KITE EAGLE CREEK, LLC ^'Ji r14 1)- OR 3344,FOLIO NO. 00726723001 X3,9 1 11 FEE ��)�� / so.� * 1,895 SF a, 535'39 28"W �•44 x. KRG EAGLE CREEK IV, LLC OR 4122, PG 2822 FOLIO NO. 00726360008 �` S35'39'28°W 8.00' U NPLATTE D PO8 / 4' / 0q-÷ O FEE SIMPLE t LEGAL DESCRIPTION — PARCEL 111 FEE INTEREST A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4122, PAGE 2822 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A COMMON CORNER WITH THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. 41; THENCE S35'39'28"W FOR 8.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4122, PAGE 2822; THENCE LEAVING SAID EASTERLY BOUNDARY N54•23'19"W FOR 143.09 FEET; THENCE S35•39'28"W FOR 7.00 FEET; THENCE N54'23'191W FOR 50.00 FEET, TO A POINT ON THE WESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4122, PAGE 2822 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID WESTERLY BOUNDARY, N35'39'28"E FOR 15.00 FEET, TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. 41; THENCE 554'23'19"E FOR 193.09 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF U.S. 41, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1,895 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ''- TECM - ROW AU6 1 3 2012 MIC jL4AliLv A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. kr,I 1A 2011 MI,AN&AMP\0110d11.00.00&NI&(11951 term=«..0,, And CMS eaR\so%H.e4.11 I-S+�'Wwha Al..DevMwv\TE-NI M.03\51w_l IM PROJECT: U.S.41/C.R.951/S.R.951 �`�, SKETCH AND LEGAL DESCRIPTION 1, SJL�jN 04Bm.°j`s"►+ewers PARCEL IIIFEE: RIGHT-OF-WAY 5610 WII00 Pen Ones SUIe 200 Nlpu,Rondo 34101 PREPARED FOR COWER COUNTY GOVERNMENT/BOARD of COUNTY COMMISSIONERS PIIo a 12311 507.0575 FAx:12391517c571 LB No..0962 ,OB NJMBER REVISION SECT ON TOWNSHIP RANCE SCALE :;ATE DRAWN BY F LE NAME S-IEET 090081.00.00 I 4 I 3 1 51S 26E 1" - 40' J 8/10/12 I_ R.A.K. I SKD_111FEE I 1 OF 1 FYHIRIT"A" N Page 22 of 31 rtjt, 11 E B i TRACT 3D 5 BARNETT BANK, NA 0 30 60 OR 2210, PG 2146 FOLIO NO. 34520001403 GRAPHIC SCALE 1' 60' UNPLATTED a SOUTHERN MANAGEMENT CORPORATION OR 1173, PG 789 FOLIO NO. 00726640003 N35'315 00 ,ti Q. O?C.)4P.? 12FEE ti!�� F a Q Q . 2,550 SF *�o, 'moo 0ry� / S35'39'04"W 15.00' POB r.S ' y EXISTING RW LEGEND RW - RIGHT—OF—WAY OR - OFFICIAL RECORDS BOOK Pe = PLAT PC - PACE BOOK \ POB — POINT OF BEGINNING NO. = NUMBER FEE SIMPLE SR KA-STATE HOAD ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 1 12FEE INTEREST A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF TRACT 3E, FREEDOM SQUARE AS RECORDED IN PLAT BOOK 22, PAGE 56, OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY UNE OF U.S. 41; THENCE N54•20'28'W FOR 170.02 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF U.S. 41; THENCE N35'38'49"E FOR 15.00 FEET ALONG THE WESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1173, PAGE 789 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE LEAVING SAID WESTERLY BOUNDARY 554'20'28"E FOR 170.02 FEET; THENCE S35'39'04"W FOR 15.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID TRACT 3E, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2,550 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW JUN 1 5 2012 A/M 6//0$ MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS/ 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. a.,.4 2012 12.02 w MA2001\020021.0000 us,l•CM m cm,aa.\.a..n..Vn.-sM..s\srmn aro c".,.aw.\ra-iar H..P2\SMD_11arzrr. PROJECT: U.S.41/C.R.951/S.R.951 DII j i vium SKETCH AND LEGAL DESCRIPTION 10t ��_ ris 5bw.•t PARCEL 112FEE: RIGHT-OF-RAY e410 W1 Pare Drove.9W1.200 Naples,Florida WOO PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OP COUNTY COMMISSIONERS Plow 12301507.05u FAX:{2391 597-0673 ES No.:602 JOB NUMBER REVISION SECTION IOWNSN:P RANGE SCALE CATS DRAWN BY FILE NAME r SHEET 090081.00.00 I 2 ` 3 I 51S 26E I 1" = 60" I 6/8/12 I R.A.K. I SKD_112FEE 1 1 OF FXHIRIT "A" Page 23 of 31 1 6 S UNPLATTED ca W SOUTHERN MANAGEMENT CORPORATION OR 1173, PG 789 GRAPHIC SCALE FOLIO NO. 00726640003 ��h 4 (P# c f,X00?h p �s 1�t� LELY RESORT PHASE 1, \N35'39'04"E °.p PB 16, PG 87 15.00' Fp" S54'20'28'E /. TRACT 16 40 79.85' 'I SUNTRUST BANK OR 4384, PG 446 N54'2O'28"W FOLIO NO. 55425004005 79.85' '► S35'39'04"W 113FEE 15.00' 1,198 SF POB S.W. CORNER OF TRACT 16 .S (( 1 " /Lay EXISTMG *t 77 Rw 40 �A1 LEGEND RW = RIGHT—OF—WAY OR = OFFICIAL RECORDS BOOK PB = PLAT BOOK PG = PAGE P08 POINT OF BEGINNING NO. = NUMBER SR = STATE ROAD FEE SIMPLE AKA - ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 113FEE INTEREST A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF TRACT 16, LELY RESORT PHASE 1, AS RECORDED IN PLAT BOOK 16. PAGE 87. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE NORTHERLY RIGHT—OF—WAY LINE OF U.S. 41; THENCE N54'20'28'W FOR 79.85 FEET ALONG SAID NORTHERLY RIGHT—OF—WAY LINE OF U.S. 41; THENCE N35'39'04"E FOR 15.00 FEET ALONG THE WESTERLY BOUNDARY OF TRACT 3E. FREEDOM SQUARE, AS RECORDED IN PLAT BOOK 22, PAGE 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE LEAVING SAID WESTERLY BOUNDARY 554'20'28"E FOR 79.85 FEET; THENCE 535'39'04-W FOR 15.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID TRACT 3E, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,198 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECH - ROW JUN 1 5 2012 i 1.1/4/ MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LSj 5301 DATr SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. As A 2D 2 12:5 wI*VOw\0.0001.00.00 U54!•a151•....•• I,.._.mwb A 4 Ca05 sie.\•••was\cn -sr.gtsron a..ft..fb..VCE-sr n..02\SRO-!i SUE..q SKETCH AND LEGAL RDESCRIPTION = MEWS PARCEL 113FEE: RIGHT—OF—RAY 8810 Wl.a P.A 6M.Subs 200 PREPARED FOR: COWER COUNTY GOYEBNME?TT/BOARD OF COUNTY COMMISSIONERS ohs.:(MI 5n7155775 FAAX'(2391507-0570 LB N..:5952 JOB NJM9ER ISION SECTION WNSH'P RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 I REV 2 I 3 I'O 51S I 26E I 1" = 60' r 6/8/12 I R.A.K. I SKD_113FEE I 1 OF 1 FYI-WIT"A" H Page 24 of 31 so G ryFP 64,4 /41 N -1, � / _� 9 1/6 FW �� E Vi '/ A' 0 � c� ■P s B 1111 ai 0 7, OF O A600 4J;5 0,-, A�G ° 20 40 �s �B RA 0 Sq,Qf 6' 9 O 6' GRAPHIC SCALE 400od R4�O1 T. = 6°, N35'39'32"E A' 01��ps :',p 10.00' �RS�G'7„ F 554'20 7 �,OOs, EFf}R pe 44 N35'39'04'E �I,4�0, 76.. II A r yy j15.00' r B F ef ss ��r POC oO Aso04∎s G1?,° ,s POB 410-ir4> 113TCE 4 S A sQ 650 SF S35'39'32"W :1 ;cr s 10.00' N54'20'28"W /000 65.00' FASTING RW L, e�LEGEND 7/G1 RW = RIGHT—OF—WAY // OR = OFFICIAL RECORDS BOOK 7.44444b.. PB = PLAT BOOK PG - PAGE 4 SC J POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT NO. = NUMBER SR - STATE ROAD AKA = ALSO KNOWN AS LEGAL DESCRIPTION - PARCEL 113TCE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF TRACT 3E, FREEDOM SQUARE, AS RECORDED IN PLAT BOOK 22, PAGE 56, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N35'39'04-E FOR 15.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID TRACT 3E; THENCE LEAVING SAID WESTERLY BOUNDARY S54'20'281 FOR 7.83 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE N35'39'32"E FOR 10.00 FEET: THENCE 554'20'28*E FOR 65.00 FEET; THENCE S35'39'32"W FOR 10.00 FEET; THENCE N54'20'28'W FOR 65.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 650 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW TEMPORARY JUN 1 5 2042 CONSTRUCTION EASEMENT /I ' �� DURATION 3 YEARS. /l/l� G 'liz' MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. A...A 2012,*2 w R\700a\Li0067.0000 Usal!C6101 W.=.".,........a=[9931 7166\a6 n.,.V.,-s....\s..ro,Ad 0....00..M-**im.ol\5KD-l,d7K.sy HIC PROJECT: U.S.41/C.R.951/S.R.951 , Vimalisibro SKETCH AND LEGAL DESCRIPTION p iN .a"ruiligglog PARCEL 113TCE: TEMPORARY CONSTRUCTION EASEMENT 6610 Mb..Palk Mom SL1.200 PREPARED FOR: COWER COUNTY GOVERNMENT "rbdF X106 /BOARD OF COUNTY COMMISSIONERS Phone t23>»s9T.DSTS FA%:Izas,1597.bbTs _ LB No:6952 JOB NUMBER rREVISION SECTION TOWNSH,P RANCE SCALE DA"E DRAWN EYl FILE NAME SHEET 090081.00.00 I 2 3 I 51S I 26E I 1" - 40' I 6/8/12 I R.A.K. 1 SKD_113TCE I 1 OF 1 CYI-IIIQIT "A" N �; .P Page 25 of 31 /0,,■1(:/ 4 q 41 ct,s,ql:'63 6 B i i __.Y t ` E /11,0 h \�-;.;I 0, ... 4"Q,A �`f ' ry6 0 30 60 4 Q QQQva ��y LELY RESORT 16, PG 87 PHASE 1 GRAPHIC • rt40. 1" ' 60 Oq• of , TRACT 16 Q� SUNTRUST BANK 0 . y0 h 9. OR 4384, PG 446 Qv FOLIO NO. 55425004005 Q�Oryry N3539'04"E 40140F0 E ES 4q s' 15.50' ,, 4:5-y. , ‘b" NI E. oe o 1S*?I 'F 799 a ti 405& 44-4 e- *''/G'62i, '44 r S35'42'25"W 44gj / 15.50' 4, P09 FO4'o P�4,E EXISTING RW +0 7.> C ors \se�2 0 o> P LEGEND RW = RIGHT-OF-WAY OR a OFFICIAL RECORDS BOOK PB = PLAT BOOK PG - PAGE POO = POINT OF BEGINNING NO. - NUMBER SR - STATE ROAD FEE SIMPLE AKA - ALSO KNOWN AS LEGAL DESCRIPTION - PARCEL 11 4FEE INTEREST A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRACT 16, LELY RESORT PHASE 1, AS RECORDED IN PLAT BOOK 16, PAGE 87, OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF U.S. 41; THENCE N54'20'2811, FOR 199.96 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY UNE OF U.S. 41; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE OF U.S. 41, N35'39`04'E FOR 15.50 FEET ALONG THE WESTERLY BOUNDARY OF SAID TRACT 16; THENCE LEAVING SAID WESTERLY BOUNDARY, S54'20'28-E FOR 199.98 FEET, TO A POINT ON THE EASTERLY BOUNDARY OF SAID TRACT 16; THENCE S35'42'25 W FOR 15.50 FEET ALONG THE EASTERLY BOUNDARY OF SAID TRACT 16, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 3,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM -ROW JUN 1 5 2012 Lit/A" • i3//2 . CHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS,,' 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .w I,2012 2m ry W.2owosaon.oaao U51 •atm rt.,..-c.,w.....«...t.Ana Clint 888\5 !rw.Vw 5...r\5•00 ar 0..v0da+\+a-w An 82\&5&.11410F.a,, SKETCH PROJECT: U.S.41/C.R.951/S.A.951 7 SKETC AND LEGAL DESCRIPTION irl„Iy. PARCEL 114FEE: RIGHT-OF-WAY 6810WAbwAAA pt.*.5JU200 PREPARED FOR: COWER COUNTY GOYERNYENT/BOARD 0/ COUNTY COMMISSIONERS Pnr,s:MN) 875 FAAx NT 507-0578 LO NO..8952 JOR NUMBER IS'ON SECTtCN ?CNSH RANGE SCALE I CATE DRAWN BY FILE NAME S-,EET 090081.00.00 I REV 2 1 I W :P 3 515 I 26E I I r = 60' ` 6/8/12 R.A.K. I SKD_114FEE 1 De 1 V1,-1IRIT "A" Page 26 of 31 , ,, a 6B 1 COMMERCIAL PROPERTIES SW, INC. 0 50 100 £ OR 3695, PG 411 FOLIO NO. 34520001908 GRAPHIC SCALE 1" " 100' LELY RESORT PHASE 1, PS 16, PG 87 S4J, TRACT 16 oJ�`O 2S SUNTRUST BANK ^� `� ef OR 4384. PG 446 45. tie /40, -39 FOLIO NO. 55425004005 A, 4, `1, SO• ti" �Q0 POB S.E. CORNER COSTING nw OF TRACT 16 t 15FEE 64.261 SF \ 1° UNPLATTED t7N MAR INVESTMENTS. LLC (PARCEL 2) 'Y OR (PARCEL 117, PG11702 •'ham G OR 4117,PG 1702 *�O• QUO NO 0072468000 *' FOLIO NO. ?B \\ yam 34520003003 <1/1 *b. 'VI , ycy 57 Ci 26 06 LEGEND = RIGHT-OF-WAY l 1,,9 B s PLAT BOOK Y PG PAGE BOO It�R1 LBE - LANDSCAPE BUFFER EASEMENT C.R. - COUNTY ROAD POB - POINT OF BEGINNING NO. - NUMBER SR = STATE ROAD AKA • ALSO KNOWN AS NNN LEGAL DESCRIPTION - PARCEL 115FEE FEE SIMPLE INTEREST A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLDER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRACT 16, LELY RESORT PHASE 1, AS RECORDED IN PLAT BOOK 16, PAGE 87, OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA; THENCE N35'42'25"E FOR 269.79 FEET ALONG THE EASTERLY BOUNDARY OF SAID TRACT 18; THENCE S54'32'56-E FOR 239.50 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3695, PAGE 411 OF THE PUBUC RECORDS OF COLUER COUNTY. FLORIDA. TO A POINT ON THE EASTERLY BOUNDARY OF TRACT 3F, AS SHOWN ON THE PLAT OF FREEDOM SQUARE, RECORDED IN PLAT BOOK 22, PAGE 56 OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA; THENCE S35'41'39"W FOR 237.74 FEET; THENCE S76'20'06"W FOR 43.41 FEET; THENCE N54'20'28"W FOR 211.28 FEET ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF U.S. 41, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 64,261 SQUARE FEET OR 1.48 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW JUN 152012 /M' lro//3/�+. MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS/ 5301 6AT/ SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. hw 4 2012 to PM WVOO.\OKOa.1.O101 U541 I cosi teq,..cW.Ynr«..wM N..mot MUP\9 Pa..\..,-s,..w\S.w rr o.•nl/u.s\rce-e►1W O2 ND..'YI[410 INC PROJECT: U.S.41/C.R.951/S.R.951 vs um SKETCH AND LEGAL DESCRIPTION { t PARCEL 115FEE: RIGHT-OF-RAY seto wl9or Park Dn...Sue.200 Neal..,Fldfd.34106 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Pile..:(230 592-0525 FAX:12391 S97-0571 1.8140.:695: JOB NUMBER I REVISION SECTION TOWNSHIP RANGE SCE DATE DRAWN BY FIE NAVE SHEET 090081.00.00 1 , 3 51S I 26E rAL1" = 100' 1 3/13/12 I R.A.K. SKD_115FEE 1 OF EXHIBIT "A" Antic 77 of-49 N \ 854'20'08"E 1 6 B 1 i w;_ry E 28.49 UNPLATTED . P08 ABC LIQUORS, INC OR 4259, PG S ` FOLIO NO. 00724640640 005 30 4 GRAPHIC I'' 60' �, .5.42.19"W . ` 67.54' ` G L=8.22' R=926.00' N NNN A=0'30'31" CB-S23'37'44"W C=8.22' S35•51'44'W 11 6FEE 49.69' 9,387 SF ` L=90.66' R=938.00' A=5'32'16- °INN. CB=S1 T 38'28"W C=90.62' UNPLATTED RIG, LLC N24'31'18'W OR 4705. PG 753 FOLIO NO. 00726725009 70.37' 806'37'80"E 54.18' N54'21'00'W 33.57' LEGEND OR a OOFFICIAL RECORDS BOOK f4A•s PB - PUT BOOK 41. (�L, PG PAGE ST '7� ROB . POINT OF BEGINNING )44wgy EXISTING RW NO. = NUMBER A C.R.-=S A°E RR ARD� �J / cu,� AKA ° ALSO KNOWN AS FEE LEGAL DESCRIPTION — PARCEL 116FEE INTEREST A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST. COLUER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, ALSO BEING A COMMON CORNER WITH THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111 OF THE PUBLIC RECORDS OF COWER COUNTY. FLORIDA, ALSO BEING A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 951; THENCE S54'20'08'E FOR 28.49 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753; THENCE LEAVING SAID NORTHERLY BOUNDARY, S35'42'19'W FOR 67.54 FEET, TO A POINT OF CURVATURE; THENCE 8.22 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE. CONCAVE TO THE WEST. HAVING A RADIUS OF 926.00 FEET, A CENTRAL ANGLE OF 0'30'31". A CHORD BEARING OF S23'37'44"W AND A CHORD LENGTH OF 8.22 FEET. TO A POINT OF TANGENCY; THENCE S35'51'44'W FOR 49.69 FEET, TO A POINT OF CURVATURE; THENCE 90.66 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE. CONCAVE TO THE EAST, HAVING A RADIUS OF 938.00 FEET, A CENTRAL ANGLE OF 5'32'16', A CHORD BEARING OF S1738'28"W AND A CHORD LENGTH OF 90.62 FEET. TO A POINT OF TANGENCY; THENCE 506'37'50"E FOR 54.18 FEET. TO A POINT ON THE SOUTHERLY BOUNDARY OF SA10 PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753; THENCE ALONG THE SOUTHERLY AND WESTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753 THE FOLLOWING THREE (3) DESCRIBED COURSES: 1) THENCE N54'21'0O'W FOR 33.57 FEET; 2) THENCE N24'31'18'W FOR 70.37 FEET; 3) THENCE N35'42'05"E FOR 216.55 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 9.387 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW AUG 1 3 2012 MICHAEL A. `HARD ROFESSIONAL LAND SURVEYOR LS/ 5301 DA GNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISItRED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .w K mu,an 4.cVOw\MOO I.oaro Coat we...ams..ww.,,.a.W owe,/mew P.M^,-syMAMA•••ov..+wan+",a-s are PtT Innc..1 VIC PROJECT: U.S.41/C.R.951/S.R.951 Pismo SKETCH AND LEGAL DESCRIPTION FAIR a�i Is irw�s PARCEL 116FEE: RIGHT-OP-WAY 0610 W .ram rte...sew 200 PREPARED VOL COWER COUNTY GOYEBNMENT/BOARD OF COUNTY COMMISSIONERS Phone:�wNaples.6 Flodda AIL 5a7.0616 IN No..6062 JOB NUMBER I REVISION I SECTION -OWNSFIP RANGE SCALE DATE r DRAWN BY FILE NAME SHEET 090081.00.00 2 3 f 515 ` 26E 1' = 60''. 7/23/12 1 R.A.K. -S<O_116FEE L 1 OF 1 N FXHIRIT"A" Page 28 of 31 UNPLATTED 41."toN POC ABC LIQUORS, INC ► ,_�t OR 4259, PG 4111 1-�:rr�• FOLIO NO. 00724640005 1 6 8 1 1 ` S 0 30 60 /illii. 4, co GRAPOIC SCALE �'""' t, 1, _ �, 1 EXISTING Rw e S54'21'01'E � 30.16' '� N35'51'44"E `�� POB V',�y 38.85' N. 554'21'01"E P 18.00' `�tT 116TCE1 cm 2,068 SF Pte' L=90.66' N. R-938.00' •'`1 A=5'32'16' D L=48.71• CB=N17'38'28 E R=46.54' A 0 =59'57'46" 90.62' ( CB-S05'S2S1"W C=46.51' 524'06'02"E UNPLATTED 14.81' RTG, LLC \ 1 535'39'11'W OR 4705. PG 753 N06'37'50'W 19.17' FOLIO NO. 00726725009 54.18' 506'37'501 19.23' TECM -ROW N54'21.00-1Y \\ 554'20`49"E 18.49' e\s.zB' JUN 1 52012 LEGEND S3539'11'w RW .. RIGHT-OF-WAY OR ,. OFFICIAL RECORDS BOOK 5.00' PB - PLAT BOOK p�� 213- PAGE TEMPORARY �.' = POINT DF BEGINNING POC - POINT OF COMMENCEMENT NO. = NUMBER CONSTRUCTION EASEMENT �'� % SR STATE ROAD T16, '9r P AKA = ALSO KNOWN AS DURATION 3 YEARS. R, N.,,,,I. e LENGTH, 4J A - DELTA C8 - CHORD BEARING C - CHORD LEGAL DESCRIPTION - PARCEL 116TCE1 A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST. COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705. PAGE 753 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA. ALSO BEING A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF C.R. 951; THENCE 535'42'19'W FOR 86.43 FEET ALONG THE WESTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753; THENCE LEAVING SAID WESTERLY BOUNDARY S54'11'01'E FOR 30.16 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE S54•21'011 FOR 18.00 FEET; THENCE S3651'441V FOR 78.88 FEET TO THE BEGINNING OF A TANGENTIAL CURVE; THENCE 48.71 FEET ALONG A CURVE TO THE LEFT. HAVING A RADIUS OF 46.54 FEET, THROUGH A CENTRAL ANGLE OF 59'57'46", AND WHOSE LONG CHORD BEARS 505'52'51-W FOR A DISTANCE OF 46.51 FEET; THENCE 524'06'02"E FOR 14.81 FEET; THENCE S35'39'11'W FOR 19.17 FEET; THENCE SO6'37.50'E FOR 19.23 FEET; THENCE S54'20'49'E FOR 16.28 FEET; THENCE 83539'11'W FOR 5.00 FEET:: THENCE N54'21'00-V1 FOR 18.49 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753; THENCE N06'37'SO'W FOR 54.18 FEET TO THE BEGINNING OF A NON-TANGENTIAL CURVE: THENCE 90.66 FEET ALONG A CURVE TO THE RIGHT. HAVING A RADIUS OF 938.00 FEET. THROUGH A CENTRAL ANGLE OF 05'32'16". AND WHOSE LONG CHORD BEARS N1T38'281 FOR A DISTANCE OF 90.62 FEET; THENCE N35'31'44"E FOR 38.85 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2,068 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 4j4L/ &//6/g MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. AM 4 2012 1:13 PM RL0310PI000001.00A0 0941•01961 Manw•,4san446r661 And pw31 WV=I46 VA 1-3r34/•t31•64 MO 044•1414.4‘202-611 O.0Z\3,01 1161C{I.M4 PROJECT: U.S.41/C.R.851/S.R.951 pSKETCH AND LEGAL DESCRIPTION PARCEL 1I6TCEI: TEMPORARY CONSTRUCTION EASEMENT 6610 Willow Pa1M DIM,Sib 200 PREPARED FOR: COWER COUNTY GOVERNMENT Mobs FAX. 3 /BOARD OF COUNTY COMMISSIONERS Phone 1za91 s9i-0sr,FAx:12391 59742570 LB No..6952 JOB NUMBER SION SECTION TOWNSP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 I REVISION 1 I 3 I HI 51S I 26E I 1" - 60' I I 3/13/12 R.A.K. I SKD_116TCE1 I CF 1 EX'-1121T "A" N / / Page 2' of 31 6 1 6 111 S � 0 20 GRAPHI EXISTING RW / UNPLATTED ABC LIQUORS, INC OR 4259, PG 4111 POB FOLIO NO. 00724640005 POC- S54'20'06"E 1.61' S54'20.08"E 28.49' � N35'42'191 67.54' / S35'37'09"W L=8.22' / 75.58' R=926.00' 116TCE2 TEMPORARY A=0•30'31" 1 7' " 19 SF C UCTION EASEMENT C6=N23'34444E C=8.22' " 3 YEARS. UNPLATTED RIG, LLC OR 4705, PG 753 /9- FOLIO NO. 00726725009 LEGEND RW - RIGHT-OF-WAY OR - OFFICIAL RECORDS BOOK PO - PLAT BOOK PC - PAGE P00 - POINT OF BEGINNING POC - POINT OF COMMENCEMENT NO. - NUMBER C.R. - COUNTY ROAD AKA - ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 116TCE2 A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING COMMON CORNER WITH THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE EASTERLY RIGHT-OF-WAY UNE OF C.R. 951; THENCE 554'20'08"E FOR 28.49 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE CONTINUE ALONG SAID NORTHERLY BOUNDARY S54'20'08"E FOR 1.61 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY S35'37'09"W FOR 75.58 FEET TO THE BEGINNING OF A NON-TANGENTIAL CURVE; THENCE 8.22 FEET ALONG A CURVE TO THE RIGHT. HAVING A RADIUS OF 926.00 FEET, THROUGH A CENTRAL ANGLE OF 0'30"31", AND WHOSE LONG CHORD BEARS N23'37'44"E FOR A DISTANCE OF 8.22 FEET; THENCE N35'42'19"E FOR 67.54 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 119 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW tukiuAUG 132012 MI HAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. 6.pr 1•£Q Z ray Aas e\2909\gpp9L0o.00 02 1•cam K.-.oa.. CRISI nw,0%vr,.V'6,-5,...0\5.0.the w+vM'w.\M I-�n w.wWG_,,,ivtwq PROJECT: U.S.41/C.R.951/S.R.951 g IADIC SKETCH AND LEGAL DESCRIPTION 8 � � H PARCEL 11 OTCEZ: TEMPORARY CONSTRUCTION EASEMENT 6610 WM0w Park DNS.Subs 200 NAplw.Fw(wa 34100 PREPARED FOR COWER COUNTY COOERNXINF/BOARD OF COUNTY COMMISSIONERS Phone.423915»-0S!!FAX:MS)$17'057. LB N9_6950 JOB 1,UMBER REVISION SECTION TOWNSHIP RANCE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 ( 3 I .3 l 51S I 26E I 1" - 40' J 8/112 I R.A.K. I SKD_116TCE2 I 1 of EXHIBIT "A" Page 30 N / 166 1 II 7....1,4,N soil E S UNPLATTED 0 w ao RTG, LLC OR 4705, PG 753 ,b GRAPHIC SCALE FOLIO NO. 00726725009 1" - 40' 116TCE3 3,164 SF N ,,,, . 4,- .., UNPLATTED °O?/ y) SOUTHERN DEVELOPMENT CORPORATION, INC. (PARCEL 4) POB OR 4380, PG 3511 FOLIO NO. 00725960001 .S EXISTING RW stA0 /0 r bq} 'NN LEGEND 4.�It? RW - RIGHT-OF-WAY OR . OFFICIAL RECORDS BOOK PB - PLAT BOOK PG - PAGE POB - POINT OF BEGINNING POC + POINT OF COMMENCEMENT NO. — NUMBER SR . STATE ROAD AKA .. ALSO KNOWN AS N LEGAL DESCRIPTION — PARCEL 116TCE3 A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF 'PARCEL 4' (LYING ON THE NORTHERLY RIGHT-OF-WAY LINE OF U.S. 41) AS RECORDED IN OFFICIAL RECORDS BOOK 4380, PAGE 3511 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA: THENCE N54'21"00.W FOR 70.32 FEET ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF U.S. 41; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE N35'38'35'E FOR 45.00 FEET; THENCE 554'21'00.E FOR 70.32 FEET; THENCE S35'38'351W FOR 45.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID 'PARCEL 4'T TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 3,164 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEMPORARY TECM - ROW CONSTRUCTION EASEMENT JUN 1 5 2012 DURATION 3 YEARS. ttLt4v /Z MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS/ 53017 SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. AIM a 2012 432 ti or\2001\OYOAI.00.m US4t t CRf31 Yirem000 rsW. ..MA GM,MINIM Amy.,-5.,As.a.ro awow..\mt-.r a+mW.alI.rcu64 RIX&L PR OJECT: U.S.41/C.R.951/S.R.951 a a SKETCH AND LEGAL DESCRIPTION iimais a WOMB PARCEL 118TCE3: TEMPORARY CONSTRUCTION EASEMENT 6610 Miss ouk Orh..Sults 200 Napka.Florida 34100 PREPARED TOR:COWER COUNTY GOYERNME:r'T/BOARD OF COUNTY COMMISSIONERS Hiss.IZi%507-0575 FAL(230)5Sr-0570 LB No 0952 JOS NUMBER SION SECTION TOWNSH RANGE SCALE DATE DRAWN 3Y F.LE NAME SHEET 090081.00.00 I REVISION I SEC 3 I 515 ' 26E I 1' = 40' 1 3/13/12 ( R.A.K. I SKD_116TCE3 1 OF 1 EXHIBIT "A" Page 31 of 31 >, ! ,16B 1 I h �: • TRACT "R" (EAGLE CREEK DRNE) S EAGLE CREEK COMMUNITY o ao 40 ASSOCIATION, INC. OR 3978, PG 6 Gum FOUO NO. 30185040007 MAI I"= 40' 558'35'08"E 17.14'1 II NO728'18"E POs 22.85' ' 126FEE sor28.18 343 SF /� w 22.85' N58'35'08"W J 17.14' 0) EAGLE CREEK COUNTRY CLUB PB 14. PG 1 EXISTING RW PART OF TRACT "B" STONEGATE OF EAGLE CREEK CONDOMINIUM NO. ONE DECLARATION RECORDED 0 OR 1348, PG. 1330 MULTIPLE FOUO NO'S. LEGEND FEE sauF RW RIGNf-OF-WAY OR - OFFICIAL RECORDS BOOK PB PLAT BOOK t E P09 PPOINT OF BEGINNING INTEREST POC - POINT OF COMMENCEMENT NO. - NUMBER S,R, = STATE ROAD AKA - ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 126FEE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS' BEGINNI G AT THE SOUTHEASTERLY CORNER OF TRACT "R AS DESCRIBED IN OFFICIAL. RECORDS BOOK 3978, PAGE 8 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA, ALSO BEING A COMMON CORNER WITH STONEGATE OF EAGLE CREEK CONDOMINIUM NO. ONE. PER OFFICIAL RECORDS BOOK 1348, PAGE 1330 OF THE PUBLIC RECORDS OF COWER COUNTY. FLORIDA, ALSO BEING A POINT ON THE WESTERLY RIGHT—OF—WAY LINE OF STATE ROAD 951; THENCE 502'28'18'W FOR 22.85 FEET ALONG THE WESTERLY RIGHT—OF—WAY LINE OF STATE ROAD 951; THENCE LEAVING SAID WESTERLY RIGHT—OF—WAY UNE, N58'35'08"W FOR 17.14 FEET; THENCE NO2'28'18"E FOR 22.85 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF TRACT "R", AS DESCRIBED IN OFFICIAL RECORDS BOOK 3978, PAGE 6 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY BOUNDARY OF TRACT "R", S58'35'08"E FOR 17.14 FEET, TO THE POINT OF BEGINNIG OF THE PARCEL DESCRIBED HEREIN. CONTAINING 343 SOUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM- ROW AUG 15 2012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 'DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. -13 ley,rep w wVIOOryaear.aus wr•arr rr..r.Mor+=Mr r OrrOr NNW,/rr\A r-s.,w\trw l.•o••01••M-+v,N. DID-11rK/• PROJECT: U.S.41/C.RA51/S.R.951 SKETCH AND LEGAL DESCRIPTION I'. >isipse PARCEL 126178: RIGHT—OF—WAY aaawI•W Park DN,,.Ms KS PREPARED FOL CO=LIp1 COUNTY GOYERIYPIIT'/BOARD 01 COMITY COI118SSIOMSRS Ph": 3174575` PA$1011*517576 LB Nw:ges2 JOB NUMBER RE.ISION SECTION TOWNS RANGE SCALE GATE DRAWN BY FIE NAME SHEET 090081.00.00 1 1 3 ' HIP 51S I 26E I 1' = 40' 1 8/10/12 I R.A.K. I SKD_126FEE I 1 OF 1 Y a s N J W d w N' r w 6 p+w- .L..M_� LEGAL DESCRIPTION: (TEMPORARY CONSTRUCTION EASEMENT) A PORTION OF TRACT "P -3 ", THE VINEYARDS UNIT ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF TRACT "P -3 ", THE VINEYARDS UNIT ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN COLLIER COUNTY, FLORIDA, THENCE RUN N08 °01'34 "W, ALONG THE EAST LINE OF SAID TRACT "P -3" FOR A DISTANCE OF 28.04 FEET TO THE POINT OF BEGINNING; THENCE SBO'56'59"W, FOR A DISTANCE OF 60.01 FEET; THENCE N06'01'34"W, FOR A DISTANCE OF 60.01 FEET; THENCE N80 °58'59 "E, FOR A DISTANCE OF 60.01 FEET TO A POINT ON THE AFOREMENTIONED EAST LINE OF TRACT "P -3'; THENCE S08 °01'34 "E, ALONG SAID LINE FOR A DISTANCE OF 60.01 FEET TO THE POINT OF BEGINNING. CONTAINING 3,601 SQUARE FEET OR 0.083 ACRES, MORE OR LESS. NOTES: 1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF TRACT "L -1 ", AS HAVING A PLATTED BEARING OF N87' 07' 57" W. 2. THERE MAY BE EASEMENTS AND RESTRICTIONS OF RECORDS AND /OR PRIVATE AGREEMENTS NOT FURNISHED TO THIS SURVEYOR THAT MAY AFFECT PROPERTY RIGHTS AND /OR LAND USE RIGHTS OF THE LANDS SHOWN HEREON. 3, NO UNDERGROUND INSTALLATIONS, FOUNDATION FOOTINGS OR IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS NOTED. 4. THIS SKETCH OF DESCRIPTION WAS PERFORMED IN ACCORDANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, CHAPTER 5J -17, FLORIDA ADMINISTRATIVE CODE. ® TVMA TECH +0600 CHEWOLET WAY, SUrt! 700 ESTERO, PL 37926 PHONE. (279) 7961,67 Cou" Cou"T", a SKETCH OF DESCRIPTIONS OF THE TEMPORARY CONSTRUCTION EASEMENT THE VINEYARDS UNIT ONE COLLIER COUNTY, FL NiWREW„E E. JENKINS PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION 1!5364 TETRA TECH . LS On WNa: ZX464ee.t� art Dft 12121M1 Dalpud W. C4 SHEET 1 OF 2 I� 8 R i ti 0 EX 4 E WT = N 1 Z 0 15' 30' 69 1 PARCEL: 6o6735eow OWNER: �• VINEYARDS DEV CORP TRACT P-3 £ Q THE VINEYARDS UNIT ONE C 1 (PS t4, PO 67) L4 ,. EAST LINE OF m i, , TRACT 'P 3" VA r n TEMPORARY i r N +` CONSTRUCTION ' v EASEMENT POINT OF " BEGINNING PROPOSED UFT ' t STATION EASEMENT�� f ' L2 POINT OF 'r 9 COMMENCEMENT MENT 1 _ ) TRACT'P 3' SOUTH UNE OF TRACT'P -3' PG 67) t } t r- PROPOSED LIFT STATION EASEMENT t t PARCEL: 60672860008 OWNER: PROCACCI ET AL, MICHAEL TRACT L -1 t t DRAINAGE EASEMENT (LAKE) THE VINEYARDS UNIT ONE (P8 14, PG 67) LINE TABLE 1 LINE 0 DIRECTION LENGTH Lt N6' 01' 34 W 26.04 L2 S80' S8' S8'W 80.01' L3 NO' 01' 34"W 80.01 1 FL4 N60" 58' 681E 88' Ot' 341E 60.01' ® TBA TKH COUJSR COUTY, FL PrOM Na: 200481.12007 SKETCH OF DESCRIPTIONS De OF OF THE n fetrvtbcn w TEMPORARY CONSTRUCTION EASEMENT ca KM CHENtOU7 WAY, gU1TE 3W $MEET FITERO.Ft3"n 12 THE VINEYARDS UNIT ONE 2 0� 2 F"OW-z >J°°"g' COLLIER COUNTY, Fl 1681 EXIMT F-? LEGAL DESCRIPTION (LIFT STATION EASEMENT) ' A PORTION OF TRACT "P -3 ", THE VINEYARDS UNIT ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRACT "P -3 ", THE VINEYARDS UNIT ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN COLLIER COUNTY, FLORIDA, THENCE RUN N87 "07'57 "W, ALONG THE SOUTH LINE OF SAID TRACT "P -3" FOR A DISTANCE OF 61.10 FEET; THENCE N08 "01'34 "W, FOR A DISTANCE OF 15.42 FEET; THENCE N80'56'59 "E, FOR A DISTANCE OF 80.01 FEET TO A POINT ON THE EAST LINE OF SAID TRACT "P -3 "; THENCE S08 °01'34 "E, ALONG SAID LINE FOR A DISTANCE OF 28.04 FEET TO THE POINT OF BEGINNING. CONTAINING 1,304 SQUARE FEET OR 0.030 ACRES, MORE OR LESS. NOTES: 1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF TRACT "L -1 ", AS HAVING A PLATTED BEARING OF N87" 07' 57" W. < 2. THERE MAY BE EASEMENTS AND RESTRICTIONS OF RECORDS AND /OR PRIVATE AGREEMENTS NOT FURNISHED TO THIS SURVEYOR THAT MAY AFFECT PROPERTY RIGHTS AND/OR LAND USE RIGHTS OF THE LANDS SHOWN HEREON. V Zg 3. NO UNDERGROUND INSTALLATIONS, FOUNDATION FOOTINGS OR IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS NOTED. d g� 8 gs 8 a l 4. THIS SKETCH OF DESCRIPTION WAS PERFORMED IN ACCORDANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS SET FORTH BY THE FLORIDA PROFESSIONAL SURVEYORS AND MAPPERS, CHAPTER 5J -17, FLORIDA ADMINISTRATIVE BO ARD OF CODE. slrwmTmcm BMW CHEVROLET WAY, WIE 700 E8TER0. R 3mm PROW 122017ow- COLDER COUNTY, FL __- SKETCH OF DESCRIPTIONS OF THE LIFT STATION EASEMENT THE VINEYARDS UNIT ONE COLLIER COUNTY, FL J,AvWENCE E. JENKINS IOFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION 05384 TETRA TECH - LB 028 ProyL.{No� 700-0l4Sbt7A04 Dec IZ21MI M! dl'- CI9 SHER 1 OF 2 N I 0 15' 30' 60' PARCEL 80873880007 OvmER: THE VINEYARDS DEVELOPMENT CORP TRACT P -3 THE VINEYARDS UNIT ONE 1 (PS 14, PO 87) IJ i PROPOSEOTEMPORARY CONSTRUCTION i EASEMENT 1 LIFT STATION EASEMENT 6 J SOUTH UNE OF _ v TRACT'P -3' EX�J_ .e..� z ml. -t p v 1 0 r 1 T. I v, EAST LINE OF TRACT P-3* POINT OF BEGINNING BE CORNER OF TRACT •P3' L1 { 15.00' SENT ' { PG 67) LINE 0 DIRECTION LENGTH L1 PROPOSED LIFT 81.10' t STATION EASEMENT , 15A2' 1 L3 PARCEL 80.01' 80872380006 OWNER: l4 THE VINEYARDS DEVELOPMENT CORD 28.04' TRACT L -1 } DRABVAGE EASEMENT (LAKE) THE VINEYARDS UW ONE (PS 14, PG 67) D TEM TECH R ry www.MrNatli wn u 'aM CMEVROIET WW SUrM boo ESTW. ►l 3 PHOW Wq no.,M7 COWER COVM. R. SKETCH OF DESCRIVTIONS OF THE LIFT STATION EASEMENT THE VINEYARDS UNIT ONE COLLIER COUNTY, FL W 200484MI20M 12RVN By as SHEST 2OF2 1681 LINE TABLE LINE 0 DIRECTION LENGTH L1 N87'Or57'W 81.10' t L2 NB• 01' U W 15A2' 1 L3 N80' 88' WE 80.01' l4 S8' Ot' 31'E 28.04' D TEM TECH R ry www.MrNatli wn u 'aM CMEVROIET WW SUrM boo ESTW. ►l 3 PHOW Wq no.,M7 COWER COVM. R. SKETCH OF DESCRIVTIONS OF THE LIFT STATION EASEMENT THE VINEYARDS UNIT ONE COLLIER COUNTY, FL W 200484MI20M 12RVN By as SHEST 2OF2 1681 a H i A: ao �v LEGAL DESCRIPTION. (LIFT STATION EASEMENT) A PORTION OF TRACT "L -1 ", THE VINEYARDS UNIT ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF TRACT "L -1 ", THE VINEYARDS UNIT ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN COLLIER COUNTY, FLORIDA; SAID POINT BEING THE POINT OF CURVATURE OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 760.00 FEET AND A CENTRAL ANGLE OF 02 °15'42 ", A CHORD BEARING OF S09 °09'25 "E A CHORD LENGTH OF 30 00 FEET, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND THE EAST LINE OF SAID TRACT "L -1" FOR A DISTANCE OF 30.00 FEET; THENCE S79 "4244"W, FOR A DISTANCE OF 30.00 FEET TO THE POINT OF CURVATURE OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 790.00 FEET AND A CENTRAL ANGLE OF 02 °31'38 ", A CHORD BEARING OF N09 °01'27"W A CHORD LENGTH OF 34.84 FEET, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF 34.84 FEET; THENCE S81.58'26 "W, FOR A DISTANCE OF 30.01 FEET; THENCE N08 °01'34W, FOR A DISTANCE OF 7.89 FEET TO A POINT ON THE NORTH LINE OF THE AFOREMENTIONED TRACT "L -1'; THENCE S87.07'57 "E, ALONG SAID LINE FOR A DISTANCE OF 61.10 FEET TO THE POINT OF BEGINNING. CONTAINING 1,155 SQUARE FEET OR 0.027 ACRES, MORE OR LESS, NOTES: i BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF TRACT "L -1 ", AS HAVING A PLATTED BEARING OF N87" 07-57" W. 2. THERE MAY BE EASEMENTS AND RESTRICTIONS OF RECORDS AND /OR PRIVATE AGREEMENTS NOT FURNISHED TO THIS SURVEYOR THAT MAY AFFECT PROPERTY RIGHTS AND/OR LAND USE RIGHTS OF THE LANDS SHOWN HEREON. 3, NO UNDERGROUND INSTALLATIONS, FOUNDATION FOOTINGS OR IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS NOTED. 4. THIS SKETCH OF DESCRIPTION WAS PERFORMED IN ACCORDANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, CHAPTER 5J -17, FLORIDA ADMINISTRATIVE CODE. V TEM TECH loom C KEwoLET vmy' SUITE wo Moto FL 3"n PNONF R 311 38a 1467 COLLIER COUNTY. FL SKETCH OF DESCRWTONS OF THE LIFT STATION EASEMENT THE VINEYARDS UNIT ONE COLLIER COUNTY. FL I LAWRENCE E. JENKINS PROFESSIONAL SURVEYOR ANO !Wlr PER FLORIDA REGISTRATION /63a4 TETRA TECH • LB Ir26 �I� 206OS�I6TM 1� Ds* lyttnt DMoud Rr. Ct8 OHM 9 OF 2 t: a 6 O N J I N 1 0 15' 30' 60' PARCEL: 80673590007 OWNER: THE VINEYARDS DEVELOPMENT CORP TRACT P -3 THE VINEYARDS UNIT ONE (PS 14, PG 97) PROPOSED TEMPORARY �} CONSTRUCTION EASEMENT } 1 1 PROPOSED LIFT STATION EASEMENT 4 I NORTH LINE OF t z rn} f � co �O � C l 7� } v 1 POINT OF BEGImmm a DF 1 } :OF 1• 1 CAOCMtTif PARCEL: 8067MOODS OWNER: THE VINEYARDS DEVELOPMENT CORP TRACT L -1 DRAINAGE EASEMENT (LAID=) THE VINEYARDS UNIT ONE (P814, PG 67) CURVE TABLE LINE TABLE LINEN DIRECTION LENGTH L1 879' 42' 441W 30.00' L2 SBt' 226•W 30.01' L3 NO* 01' 34'W T OW L4 g67' OT 57'E 61.10' z rn} f � co �O � C l 7� } v 1 POINT OF BEGImmm a DF 1 } :OF 1• 1 CAOCMtTif PARCEL: 8067MOODS OWNER: THE VINEYARDS DEVELOPMENT CORP TRACT L -1 DRAINAGE EASEMENT (LAID=) THE VINEYARDS UNIT ONE (P814, PG 67) CURVE TABLE CURVE A RADIUS DELTA LENGTH CHORD BEARING CHORD Cl 700AC 2' 16.4r 30.00• s9• DID' 25•E 30.00 C3 780.00 2' 31' 36' 34.64' W 01' 27-W 34.84' 1 1 1 1 1 \ i s TraTRA TRCH COLLIER CO, FL IMTY PP*d W 002 .: 20"94W12 SKETCH OF DESCRIPTIONS Data 11lltlll tech mm OF THE LIFT STATION EASEMENT Oaf M. OS s�T Q oaoo CHEVROLET "0,F THE VINEYARDS UNIT ONE 33028 Y5 NEG (23 N&74 a °HONE•t2>haao. "m COLLIER COUNTY, FL 2 OF z ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL1r 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE prtlll on pink haler. \itach to lll'l;tutal document. Ito t'4 rtipletetl!'tlulint4 slit)dint i)i t;uturil 041t u¢t}cu!^+are to he fort%artieil ttt 11tt'I wink t �Yt':ut;9 011' S' .li li14`tune the item it pi.teetl 4tn tilt`it_tenIbi. ill completed roost u;.',stip,anti t trtOluas fS1tt'uttottr,inte,t tit reet'it Ct,i in the I {toot Wtrr W). 4 its`iit i;itt t than Alrintiai ltreccthm the Bt=.uti meeting. **NEW** ROUTING SLIP YeC ieel ID Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document' already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office lofal13 4. BCC Office Board of County G \�� Commissioners / 1c)\-z S\\ 5. Minutes and Records Clerk of Court's Office 70-■ *63 (1 '33Citex, PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Sonja Stephenson Phone Number 239-404-4689/ Contact/ Department Agenda Date Item was Re olut gn 2010-39 Agenda Item Number 2-23-2010 Approved by the BCC .. \\c) \ Type of Document Temporary Construction Agreement Number of Original 1 Attached Documents Attached PO number or account 163-162525-649030 number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? SS 2. Does the document need to be sent to another agency for additional signatures? If yes, SS provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed SS by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's SS Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SS document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip SS should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 2-23-2010 and all changes made during SS the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. *PLEASE CALL ME AT X5880 FOR RECORDING OF THE AGREEMENT.THANK YOU **PLEASE FILE UNDER BMR REAL PROPERTY—MISC.PROJECT 99999—PARCEL 278TCE I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Jj4:9 I PROJECT: Misc #99999 (Bayview Drive & Lunar Street Renovation) PARCEL: 278TCE FOLIO No(s): #53353240001 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS EASEMENT, is made and entered into this Ili day of �G-1o\Der 20 13 , by KEITH GORDON PURDY AND DARLENE L. PURDY, husband and wife, whose mailing address is 2965 Lunar Street, Naples, FL 34112 (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: That the 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 to the Grantee, a Temporary Construction Easement to enter upon the lands described as follows: SEE ATTACHED EXHIBIT "A" which is incorporated herein by reference, for the purpose of installing a yard drain described in Exhibit "B" to collect stormwater into the public stormwater management system. Grantor, their successors and assigns agree to be responsible for cleaning and clearing of the grate over the yard drain in perpetuity. WHEREAS, County has requested that Owner convey to the County a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. THIS CONVEYANCE ACCEPTED BY:THE BOARD OF COUNTY COMMISSIONERS, COWER COUNTY, FLORIDA PURSUANT TO THE PROVISIONS 0 OF RESOLUTION NO.201049 1661 3. Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. The term of this Temporary Construction Easement shall commence upon the issuance of Grantee's official Notice to Proceed to its contractor for the Bayview Drive & Lunar Street Renovation Project and shall automatically terminate 365 days therefrom. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. AS TO C TY:., r�Q DATED: AZO j Z0 • ATTEST BOARDDO, COU TY COMMISSIONERS DWIGHT E. BROcK,;;clerk COLLIER i 0 N , FLORIDA ,11 •• - BY: A �tastoChainnan's'. 4ut!�lerk GE(JROUT ILLER, Esq. signature only. Ch: • oman AS TO GRANTOR: DATED: �rYAulik,cct6 By: Witness: H G RDON PU`V E ICS Cue va.ca Print Name: ^^// (It'2( t 1�72 fitness: / //, Jett /C/6' 0 Print Name: rl( >, By: Wi ess: DARLENE L. PURDY �. ////<-?/)/) _ Jr;Oi 7i2 Print Name: tf L,c, Cave va,c Witnes Print Name: Last Revised: 10/15/10 2 ,jk 16B Ii STATE OF Ut—k COUNTY OF GO-L-I cc -- The foregoing Temporary Construction Easement Agreement was acknowledged before me this 2.111---- day of S-lr=-pT B 442.. , 20 (3 , by KEITH GORDON PURDY, who: )C is personally known to me OR produced as proof of identity. (affix notarial seal) (Signature of otary Public) ASHLEY CASERTA —/&k-o, 1 C,--1 �—,�, •• : NOTARY PUBLIC STATE OF FLORIDA (Print Name of Notary Public) 1044t Comm#EE005626 `01‘: Expires 6/30/2014 Serial / Commission # (if any): . E O 0 5�ic,o My Commission Expires: co )3 0114 STATE OF 4- COUNTY OF Ge'c,il FAC2- The foregoing Temporary Construction Easement Agreement was acknowledged before me this 2-111"- day of 3- - r ' -t .- , 2013 , by DARLENE L. PURDY, who: X is personally known to me OR produced as proof of identity. (affix notarial seal) (Signature of Notary Public) 7 �e C ftsE1 Ti-- ASHLEY CASERTA (Print Name of Notary Public) NOTARY PUBLIC • STATE OF FLORIDA Serial / Commission # if an 0051‘1249 oato Comm#EE005626 ( y)' • My Commission Expires: Col 3o/t Expires 6/30/2014 Y p Approved as to form and legality 644. 111 . 1- 1 Assistant County Attorney Last Revised: 10/15/10 3 • 168 11 PROJECT NO. 99999 PROJECT PARCEL NO. 278TCE I Pap. LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The West 15 feet of the North 15 feet of Lot 100, Lake Kelly Unit 2, according to the plat thereof, recorded in Plat Book 3, Page 93, of the public records of Collier County, Florida. W C a W I 0 = I cn Q • LUNAR STREET M15' . 15' LOT 100 N LAKE KELLY W4tLE UNIT 2 SKETCH NOT TO SCALE Collier County Growth Management Division-Transportation Engineering Department 09104113 516 PM CA • .. . ... „ 168 1 A EXHIBIT B PLAN SHOWING YARD DRAIN INSTALLATION IN PROPOSED TEMPORARY CONSTRUCTION EASEMENT 440, 1 N -.... E i 7 444444L , 14% 44- 244 45.4,„1-' 44414 —1, . 74 44. -. - 44- ,. " . ; 444 4 '.' / . , ,C) . I ILI ' 4... $ COW RAC On TO FIE Lri firl vERIF9 EV .'STiNG 4* ' FORCE MAIN I OCAT9ON 4' _ ,, 4 -,-', Z i k DEFLECT AS NELOI,D 1.4 USING 4* 45' BENDS i (SET SHEET 2 NOTE .:.,:."A' . . • ..... ....., ILI — RE-940kif ExtStrNG CURB FLOW . ,..t .,191.- ' , /-041:DNNECT riumk*oc Ct AND PREMOE 5. CURB I; -...... "rRAte...17W44 / Ia. '-", '(.1 /71 t.!' 1., / 0 TRANSITiON FoRia rip( -F-- S CURB TO 2' vALLEY GUTTER - L -(11 ._ .,all >s: DoSTING kiTiLITY . . • 1 c' -- • 2111 I POLE (TO RoAmo..........._, ... \ . , , , r 1 4 , MAT CH Ex ISTOO .1. "..-- . . earl.,..,. -.471 .+..... -0. ... ...........V4 ,r.'"' PAr MCNT arVA1/ON''''''''' ,,...• .L4kaii ' -0 ft 7 . 't...LI e..,' N ,......-- , , , , ,Ty1.14 9.4ATcH ExIS1096 .....„.„...-- ,,,,rap.. , ,A-, , 1 ,, , ..,,,, , , CURB CUT ELEV. „ .,., , - i k , m.,..r, 0 • / mi , DETECTABLE A _ ../s- ' y‘, ,, . ,,,,,,...Fr , ,NARNNG (rre.)--, / ' , A,.. _, A CuRB RAMP (cR3)- / f..2 -!.— tl t ■ " g i lkYISTING Okfy ANCrioR -' .,, , , L,Ator ro '444:4 '-NV •-vi = :. ,. , /...... „ , , 41 .., ..., :: Ex,sims -F- cu (- ko to REumN)-, , . ........, \ •I 4 NI 4-' . : , ' ■+1144 t, 1 ... ',e.J , 1 \ Lo., •i PROPOSED TEMPORARY , , . - 1 CONSTRUCTION EASEMENT ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 b B THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney,Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP o'1' t Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County1�`�T Commissioners \r c/ Z� 5. Minutes and Records Clerk of Court's Office /v-1/iiPRIMARY CONTACTMCIZ 3:0501':0 5 INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff David Anthony Phone Number 252-2497 Contact/ Department Agenda Date Item was 2/23/2010 ' Agenda Item Number 16B1 Approved by the BC C Type of Document Conservation Easement Number of Original 2 Attached 1044111111111110~ Documents Attached PO number or account Customer to be notified to pay the Clerk number if document is directly to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? x 2. Does the document need to be sent to another agency for additional signatures? If yes, n/a provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed x by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's x Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the x document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip n/a should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 0./e'3/1Codate)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. L 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for e Chairman's signature. _ I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16B �. OFFICE OF THE COLLIER COUNTY ENVIRONMENTAL SERVICES SECTION INTEROFFICE MEMORANDUM TO: Board of County Commissioners of Collier County FROM: David Anthony, Environmental Services Section DATE: 7/14/2017 RE: Acceptance of Conservation Easement Attached is a Conservation Easement for Addison Place. In accordance with Resolution No. 2010-39, approved by the Board of County Commissioners on February 23, 2010, I am requesting that if this Conservation Easement is acceptable, please sign or stamp as to approval of this Conservation Easement, and forward it, along with the attachments, to the Clerk for attestation and recording. Thank you for your consideration of this matter. If you have any questions, feel free to contact me at (239) 252-2497. Attachments 1613 1 OFFICE OF THE COLLIER COUNTY ENVIRONMENTAL SERVICES SECTION INTEROFFICE MEMORANDUM TO: Clerk to the Board, Board Minutes and Records FROM: David Anthony, Environmental Services Section DATE: July 14, 2017 RE: Attestation and Recording of Conservation Easement Attached is a Conservation Easement for Addison Place, which has been approved by the Board of County Commissioners. Please attest as usual and hold the original documents until the applicant provides payment for recording. Then forward the packet to the Recording Department. Thank you for your assistance in this matter. Please send me a copy of the receipt via interoffice mail. Please send an email to DavidAnthony©colliergov.net when the easement has been recorded. If you have any questions, feel free to contact me at (239) 252-2497. The following agent will be paying the recording fees: Daniel F. Waters, P.E. Peninsula Engineering 950 Encore Way Naples, FL 34110 239-262-2600 P 239-261-1797 F Attachments Routing Slip Conservation Easement Clerk of Circuit Court's Information Sheet 16B 1 11115 INSTRUMENT PREPARED BF&RETURN TO: NAME: Creekside West,Inc. ADDRESS: 2600 Golden Gate Parkway Naples, FL 34105 INSTR 5434432 OR 5419 PG 2730 RECORDED 7/27/2017 12:43 PM PAGES 8 DWIGHT E BROCK, CLERK OF THE CIRCUIT COURT PARCEL I.D. # 0/1188360002 COLLIER COUNTY FLORIDA 00190040802 DOC@.70$0.70 REC$69.50 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this 15th day of June 2017, by Creekside West, Inc. (hereinafter Creekside West), as Grantor, whose address is 2600 Golden Gate Parkway, Naples, FL 34105, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the "parties." WHEREAS, Creekside West is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" attached hereto (hereinafter referred to as the "property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind Creekside West; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit"B" (the Easement Property). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. Creekside West, its successors, heirs, assigns and/or transferees, hereby grants a non-exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. Revised 7/28/14 1 X63 1 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 3. Creekside West, its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. Revised 7/28/14 2 16B I 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, seal-d a • delivered in the presence of: WITNE �1 Creekside West, Inc. • .. r a Florida Corporation Printed Name:__ A—f 72dez.4 By: %t - G4'1- Printed N.me: SAS ., 11441e:0- Bradley A. Boa, CFO Barron C Ilier Management, LLC as AutYhorized Agent for Creekside West, Inc. Revised 7/28/14 3 1 6 B 1 STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrument was subscribed, sworn and acknowledged before me this 15th _ day of June, 2017, by Bradley Boaz CFO of Barron Collier Management, LLC as Authorized Agentfor Creekside West, Inc.f_a Florida Corporation, and who is [� personally known to me or [ ] who produced__ __as identification. SABINA E.HARDY *3' T'=• MY COMMISSION#FF 189689 EXPIRES:January 14,2019 ;?0 ,, Bonded Thru Notary Public Underwriters NOTARY PUBLIC Printed Name: :57larue. _ ,._ My Commission Expires: Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA A/ Deputy Clerk ; ' Penny_Taylor , Chai"rperson Attest as to ChM, :n 'S P; signature only. Approved as to form and legality: I\ .l Assistant County Attorney C P\11-EN S-00442\4 APPROVED PURSUANT TO RESO. 2010-39 Revised 7/28/14 4 16B 1 EXHIBIT"A" Stantec 5801 Pelican Bay Boulevard, Suite 300, Naples. FL 34108 Legal Description Of part of Section 22, Township 48 South, Range 26 East, Collier County, Florida (Addie's Corner Parcel as provided) PARCEL 1:THE NORTH 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 22,TOWNSHIP 48 SOUTH,RANGE 26 EAST,LESS AND EXCEPT THE SOUTH 100 FEET THEREOF.COLLIER COUNTY.FLORIDA. PARCEL 2:THE SOUTH 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 22.TOWNSHIP 48 SOUTH,RANGE 26 EAST.COLLIER COUNTY.FLORIDA,LESS AND EXCEPTING THE SOUTH 100 FEET THEREOF. PARCEL 3:THE EAST 1/2 OF THE EAST 1/2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 22,TOWNSHIP 48 SOUTH,RANGE 26 EAST.LESS AND EXCEPT THE SOUTH 100 FEET THEREOF.COLLIER COUNTY,FLORIDA. LESS AND EXCEPTING THE FOLLOWING DESCRIBED LANDS FROM SAID PARCELS 2 AND 3:A PARCEL OF LAND LOCATED IN A PORTION SECTION 22,TOWNSHIP 48 SOUTH.RANGE 26 EAST,COLLIER COUNTY, FLORIDA.BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCE AT THE SOUTHEAST CORNER OF SECTION 22.TOWNSHIP 48 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA;THENCE RUN N.89"57'31"W.,ALONG THE SOUTH LINE OF SAID SECTION 22 FOR A DISTANCE OF 660.31 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE SOUTH EAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 22;THENCE RUN N.00'44'46"W.,ALONG SAID EAST LINE FOR A DISTANCE OF 100.01 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF IMMOKALEE ROAD,A PUBLIC RIGHT-OF- WAY OF VARYING WIDTH,THE SAME BEING A POINT 100.00 FEET NORTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION 22,THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;THENCE RUN N.89"57'31"W.ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID IMMOKALEE ROAD PARALLEL TO THE SOUTH LINE OF SAID SECTION 22.FOR A DISTANCE OF 824.90 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 22:THENCE RUN N.00"38'21" W.ALONG SAID WEST LINE, FOR A DISTANCE OF 43.75 FEET;THENCE RUN N.85`07'28"E.FOR A DISTANCE OF 826.89 FEET TO A POINT ON SAID EAST LINE;THENCE RUN S.00°44'46"E.,ALONG SAID EAST LINE FOR A DISTANCE OF 114.63 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. PARCEL 4:THE SOUTH 100 FEET OF THE NORTH 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 22,TOWNSHIP 48 SOUTH,RANGE 26 EAST,COLLIER COUNTY.FLORIDA. CONTAINING 21.83 ACRES MORE OR LESS Subject to easements and restrictions of record. Bearings are based on State Plane Coordinate System NAD83, US Florida East. Certificate of authorization#LB-7866 Stantec Consulting Services, Inc. Registered Engineers and Land Surveyors • By: _ March 22, 2017 Lance T Miller, Professional Surveyor and Mapper#LS5627 Not valid unless embossed with the Professional's seal. Ref. 215613408-SK02 I 6 B 1 CO • 0 a N I N co e. Z Z W a a. 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EXHIBIT"B" 16B 5 Stantec 5801 Pelican Bay Boulevard, Suite 300, Naples, FL 34108 Legal Description Of part of Section 22, Township 48 South, Range 26 East Collier County, Florida Conservation Easement All that part of Section 22, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: COMMENCING at the Southeast corner of said Section 22, thence along the South line of said Section 22, North 89°57'31"West 1,191.26 feet; Thence leaving said South line, North 00°00'00"West 833.07 feet to the POINT OF BEGINNING of the parcel herein described; Thence North 90°00'00"West 178.94 feet; Thence 6.00 feet along the arc of a tangential circular curve to the right, concave Northeast, having a radius of 18.00 feet through a central angle of 19°05'28 being subtended by a chord bearing North 80°27'16"West 5.97 feet to a point of reverse curvature; Thence 27.32 feet along the arc of a circular curve to the left, having a radius of 82.00 feet through a central angle of 19°05'28" being subtended by a chord bearing North 80°27'16"West 27.20 feet; Thence North 90°00'00"West 55.99 feet; Thence North 00°37'08"West 458.72 feet; Thence North 89°54'10" East 127.90 feet; Thence South 89°59'22" East 331.65 feet; Thence South 00°00'00" East 145.54 feet; Thence North 90°00'00"West 186.96 feet; Thence South 00°00'00" East 318.81 feet to the POINT OF BEGINNING. Containing 3.49 acres, more or less. Subject to easements and restrictions of record. Certificate of authorization #LB-7866 Stantec Consulting Services, Inc. Registered Engineers and Land Surveyors By: October 18, 2016 Lance 7 Miller, Professional Surveyor and Mapper#LS5627 Not valid unless embossed with the Professional's seal. Ref 215613408-SK01 16B I ._ Oa * W N w * w -� Z t w 3 3 O z Fl SCALE 1 00 Z a s n z m N N W i ap u3 7-� O O > N W Q0U OB p m m ON2 J ._A w 072 2 Z z N Uw s__— N ti N p w p,.W D - '^ a Y aQZZSJp a i� N V1 N4- ,,,n Oi O s N✓1_ zV � w S , tewnmJo _ ' ". 3 O :2 O pa t.mwUam — < = ---- 0 ',1-1Z U-UjZ0 CC - mo V ry _ 0� O W -OOLQ 4 O w mNw3� C N OWw iazzw NO 00" S, - tC Z awLaa U-I v a � '04 cr z L zzo a It J o o Z U 0 —�_ KT-ZmV mL Q C] O+ Cr, cr v w wci'00tt Nw _ O * a o CCy aaaa--vwi N 0 * o C] o o N N m Q Z w —___ . • 2 O to op w F-0 i,2'., DU o II > U V O W C., NN \-%<,-I _._.._. _-_ \, _ o O ;5§ : v .0 0 s u. yii 3> y 0 0 U Z3_j m Sz. -,-''':' z ill r>8‘.‘'. 2 Y s ibI - ›§awx '°'. a7h s ALL C 7S S4t s§§.Y $ � > g 3„00,00.00S _ §abby §a e3 ��11�, g 5- rn to d U mi ”" - 7 1 t7S 112 c3 j$U o �C 0 m o s Z .t88tc 3„00.00.005 �—�,_......_ [Oftg T OO.00.00 _ m0 . _ o. \ • T -)F l t_I m �� -Y l it S —_ _ _— — _ c 0a r N. 1 w . O •`J Nc- T �I�� _ . m m O O1 i s z oo, o o 0 cm ,ZL 8SD M.80,LC.00N Z / __ _ __ _ ' n .1 3 / , J J •S N St§§ei t- a. 1/) 1 -Eti h t_/. 1S Ctt) m p ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. l he completed routing slip and original documents are to be fonsarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Inittiialss Date 1. County Attorney Office County Attorney Office 4 '7 tthit 2. BCC Office Board of County ` Commissioners `c --t/ 4 `- 3. Minutes and Records* Clerk of Court's Office Jihi(` ` (( t-[ ►Y‘ *Please scan under Collier Blvd. Proj. No. 68056 in the BMR Real Property Folder. Thank you. PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robert Bosch,ROW Coordinator,Tpt.Eng. Phone Number 252-5843 Contact/ Department / Agenda Date Item was 02/23/2010 Agenda Item Number 16.B.1 (Reso.2010-39) 1( Approved by the BCC Type of Document Subordination Agreement Number of Original One Attached form Documents Attached PO number or account Do not recor Document will be recorded number if document is at closing to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? No 2. Does the document need to be sent to another agency for additional signatures? If yes, No provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed ?IP by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's si nature line date has been entered as the date of BCC approval of the document or the oral ne of ct to whichever is applicable.WhChcluaeleltys►• 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. /X_J 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010(enter date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. /// "`""" 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 MEMORANDUM Date: April 7, 2014 To: Robert Bosch, ROW Coordinator TECM Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Subordination Agreement Project #68056 — Parcel 177SDUE Attached for your records, one copy of the document referenced above is attached, (Agenda Item #16B1) adopted by the Board of County Commissioners on February 23, 2010. The original is being held in the Minutes & Records Department as part of the Board's Official Records. If you should have any questions, please call me at 252-8411. Thank you. PROJECT: Collier Blvd.Project No.68056 Parcel 177SDUE This instrument prepared by: /Y1 44e A Sy6,45 Florida Power&Light Company P.O.Box 1119 Sarasota,FL 34230-1119 SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT, entered into this VI day ofj) le/L , 2014, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter c lled the "County", and FLORIDA POWER & LIGHT COMPANY, a Florida Corporation, whose mailing address is P. O. Box 14000, Juno Beach, Florida 33408, hereinafter called"Utility". WITNESETH: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for slope, drainage and utility purposes;and WHEREAS,the proposed use of these lands for slope,drainage and utility purposes will require subordination of the interest claimed in such lands by Utility to the County;and WHEREAS,the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of- way to prevent conflict between the County's use and the Utility's use,and for the benefit of each,and WHEREAS the County, in recognition of the Utility's interest in the certain lands, is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit"A", attached hereto and made a part hereof, NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and the County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing, improving, maintaining and operating a road over,through,upon,and/or across such lands,based on the following: NATURE OF ENCUMBRANCE DATE RECORDED BOOK,PAGE Easement 01/05/2009 O.R.Book 4418,pages 140 et seq. The County and the Utility further agree that: 1. "Public right-of-way", as used herein, shall mean that area which is described in Exhibit "A" and which includes the Utility's easements identified above and additional lands for public right-of-way, as described in Exhibit "A", attached hereto and made a part hereof. 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right-of-way will be subject to prior approval by the County. 3. The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be reimbursed, either now or in the future,for additional relocation or adjustment of its facilities located presently or to be located on the public right-of-way described in Exhibit "A", if such relocation or adjustment is caused by present or future uses of the right-of-way by the County or its assigns, including, but not limited to, the cost of acquiring replacement easements. 4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined in Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities. The County shall provide and insure access to said lands by the Utility. 5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage resulting from the Utility exercising its rights to construct,operate,maintain, improve, add to, upgrade or remove its facilities on the said public right-of-way. 6. This Agreement shall not be assigned by the County except to the State of Florida. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. ATTEST:, BOARD OF COUNTY COMMISSIONERS DWJGITIT E,.BftOCK, Clerk COLLIER COUNTY,F ORIDA c:V9A-A-44-_, BY: :L ' F•1�C6st as ►U�lt�;9tIIS ,Deputy Clerk OM HENNING, CH' A •N Signatur8&' -+, " • Signed, sealed and delivered FLORIDA POWER&LIGHT COMPANY in the pres-nce of: By: 0 By: 2��L y: •_. Y ? Title: West Area Real Est4tel pager Pr - N• .,.j -111(` b , 1• C. 4 ' Print Name: Mark L. Byers By 441Wi/ . r'°----- '''rintName: CqA-Elz- Ad �A1 (Corp. Seal) STATE OF FLORIDA, COUNTY OF SARASOTA I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared Mark L. Byers, to me known and personally known to me to be the person described in, and did not take an oath and who executed the foregoing instrument as the West Area Real Estate Manager of the Florida Power& Light Company and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation. +.b WITNESS my hand and official seal in the County and State aforesaid th• a_7 day of rr,A/taF,2014. (affix notarial seal) cLJ ,,,n1.1. (2 -ee.-- ( nature of Notary Public) i/Gt.IA—i1/4/ m c ,C..-. 4° S LILLIAN M COLE (Print Name of Notary Public) i 4. 6. MY COMMISSION#FF060669 '' ' Serial/Commission# (if any): •.';oFF;. •' EXPIRES October 7,2017 (407)398-0153 FloridaNOtarySenrice.corn My Commission Expires: Approved as to form and legality: 1 Assistant Coun Attorney 2 FPL Subordination Agreement Last revised:03/20/2013 CA9 ABBREVIATIONS O.R. = OFFICIAL RECORDS EXHIBIT IIAI' PG. = PAGE P.B. = PLAT BOOK POB = POINT OF BEGINNING R/W = RIGHT OF WAY PINE RIDGE ROAD TRACT eR"4e NO0'29'08"W N89'31'37"E N.E.O CORNER R/W LINE 11.00' 137.92' OF TRACT "4" /PER PLAT ■/I//.7// T , 500'29'15"E S89'31'35"W 11.00' r-- 137.92' 1,517 SF a FIFTH THIRD BANK SEMBLER FAMILY PARTNERSHIP PARCEL NO. 24825000083 PARCEL NO. 24825000122 m TRACT"4" TRACT"B" W 3 0 0 ( • N r W E SEMBLER FAMILY PARTNERSHIP PARCEL NO. 24825000025 s TRACT"1" BROOKS VILLAGE P 4 "u.�7 III LEGAL DESCRIPTION FOR PARCEL 177SDUE A PORTION OF TRACT "4", AS SHOWN ON THE PLAT OF BROOKS VILLAGE, RECORDED IN PLAT BOOK 49, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF TRACT "4", AS SHOWN ON THE PLAT OF BROOKS VILLAGE, RECORDED IN PLAT BOOK 49, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE EASTERLY BOUNDARY OF SAID TRACT "4", SO0'29'15"E FOR 11.00 FEET; THENCE LEAVING THE EASTERLY BOUNDARY OF SAID TRACT "4", S89'31'35"W FOR 137.92 FEET; THENCE N00'29'08"W FOR 11,00 FEET, TO A POINT ON THE NORTHERLY BOUNDARY OF SAID TRACT "4"; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT "4", N89'31'37"E FOR 137.92 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1,517 SQUARE FEET MORE OR LESS. TECM-ROW NOV 14 2013 EJOC(IL/ MICHAEL A. WARD, PROFESSIONA LAN AN SURVEYOR FLORIDA SKETCH & DESCRIPTION ONLY SIGNING DA STRATION CERTflCA NO. ssoi E NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE RNSED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. November 14,2013 10:12 AM K\2005\0501O6.O2,O2—Addg Surveying—Green At Goiter BS,d\Adrh'tfaal ADCEe\2013-71—IS Mdtiond Sketch And Dsxriptlons\177SUDEdwg COLLIER BOULEVARD D� Dvc SKETCH & DESCRIPTION OF: SLOPE, UTILITY AND DRAINAGE EASEMENT xS iL T�N E sag ng PARCEL 177SDUE 6610 WISow Park Drive.6une 200 COLLIER COUNTY, FLORIDA Naples.Florida 34109 Phone:(239)597.0575 FAX:(239)597-0578 LB No.:6952 JOB NUMBER 050106.02.02 I REVISION ISE15ONITO49HIP1 RANGE J 1"SC 100' 111/14/13I DRAWN R.A.K. I I 1 OF SHEET ._. w ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP B 1 I TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP re - um Z Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the docum is already Somplete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners c5 \o`Z`� ``A` 5. Minutes and Records Clerk of Court's Office t„ ^ �O`2'/ I rV� `C t(1 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff David Anthony 1 Phone Number 252-2497 Contact/ Department '// Agenda Date Item was 2/23/2010 C Agenda Item Number 16B1 Approved by the BCC Type of Document Conservation Easement Number of Original 2 Attached Mortgagee's Consent Documents Attached PO number or account Customer to be notified to pay the Clerk number if document is directly to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? x 2. Does the document need to be sent to another agency for additional signatures? If yes, n/a provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed x by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's x Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the x document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip n/a should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on• /Y'O (date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 168 1 4 OFFICE OF THE COLLIER COUNTY ENVIRONMENTAL SERVICES SECTION INTEROFFICE MEMORANDUM TO: Clerk to the Board, Board Minutes and Records FROM: David Anthony, Environmental Services Section DATE: May 9, 2014 RE: Attestation and Recording of Conservation Easement Attached is a Conservation Easement for Grace Romanian Baptist Church of Naples, which has been approved by the Board of County Commissioners. Please attest as usual and hold the original documents until the applicant provides payment for recording. Then forward the packet to the Recording Department. Thank you for your assistance in this matter. Please send me a copy of the receipt via interoffice mail. Please send an email to DavidAnthony@icolliergov.net when the easement has been recorded. If you have any questions, feel free to contact me at (239) 252-2497. The following agent will be paying the recording fees: Andrew Rath, P.E. Davidson Engineering 4365 Radio Road, Suite 210 Naples, FL 34104 239-434-6060 P 239-434-6084 F Attachments Routing Slip Conservation Easement Clerk of Circuit Court's Information Sheet 168 1I Martha S. Vergara From: Martha S.Vergara Sent: Friday, October 31, 2014 3:58 PM To: 'tocia @davidsonengineering.com'; andrew @davidsonengineering.com Cc: Anthony, David Subject: Recorded Conservation Easement - Grace Romanian Baptist Church of Naples, FL Attachments: Tocia Hamlin.pdf Hello All, Attached is the scanned copy of the Recorded Conservation Easement and receipt for Grace Romanian Baptist Church of Naples. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court &Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara @collierclerk.com 166 1 ;f1 INSTR 5045327 OR 5089 PG 71 RECORDED 10/28/2014 8:58 AM PAGES 8 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC @.70$0.70 REC $69 50 THIS INSTRUMENT PREPARED BY&RETURN TO: Name: Douglas A. Wood,P.A.—Attorney at Law Address: 1100 Fifth Avenue South,Suite 101 Naples, FL 34102 Parcel No.00150040004& 00151440001 SPACE ABOVE THIS LINE FOR PROCESSING DATA I SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this 5±� day of tvVA Y , 2014, by "GRACE" ROMANIAN BAPTIST CHURCH OF NAPLES, INC. (hereinafter Grace Romanian Church), as Grantor, whose address is 6071 Pine Ridge Road Naples, FL 34119, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the "parties." WHEREAS, Grace Romanian Church is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" attached hereto (hereinafter referred to as the "property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind Grace Romanian Church; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit"B" (the Easement Property). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. Grace Romanian Church, its successors, heirs, assigns and/or transferees, hereby grants a non-exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance Revised 7/15/13 PG 1 OF 8 163 in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 3. Grace Romanian Church, its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. Revised 7/15/13 PG 2 OF 8 168 i . 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and delivered in the presence of: WITNESSES: "GRACE" ROMANIAN BAPTIST CHURCH OF NAPLES, INC. rinted Name:"rOtiA Ria r ae:�C �� By: P YrrkiArd Adrian Roman, Director Revised 7/15/13 PG 3 OF 8 168 STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrument was subscribed, sworn and acknowledged before me this ' ' day of fvt , 2014, by Adrian Roman, as Director for "GRACE" ROMANIAN B PTIST CHURCH OF NAPLES, INC., and who is personally known to me. NOTARY PUBLIC Printed Name: Tocia Hamlin My Commission Expires: '•i% , TOCIA HAMUN .4 ��� ,r_ MY COMMISSION It EE 071084 7,2015 :69" Bonded Thru Notary Public Underwriters •?„RF�tr,•• Acceptance by Grantee: ATTEST:,,, BOARD OF COUNTY COMMISSIONERS DWIGHt,E.:.AR CK,CLERK COLLIER COUNTY, FLORIDA By: - w - r Deputy.•CI:p Tom Henning, Chair 'an Attest asleAltai signature only. Approved as o7form and Legalil t 1 Scott A. Stone Assistant County Attorney APPROVED PURSUANT TO RESO. 2010-39 Revised 7/15/13 PG 4 OF 8 166 14 ., Description Overall Parcel Being a portion of Section 13, Township 48 South, Range 25 East Collier County, Florida being more particularly described as follows; BEGINNING at the Southwest corner of the Northeast 1/4 of Section 13, Township 48 South, Range 25 East Collier County, Florida; thence run South 88°5629" West, along the South line of the Northwest 1/4 of said Section 13, fora distance of 663.19 feet, to the Southwest corner of the South 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Northwest 1/4 of said Section 13; thence run North 00°10'31" West, along the West line of the South 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Northwest 1/4 of said Section 13, for a distance of 337.03 feet, to the Southwest corner of the North 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Northwest 1/4 of said Section 13; thence run North 00°11'45" West, along the West line of the North 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Northwest 1/4 of said Section 13, for a distance of 337.00 feet to the Northwest corner of the North 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Northwest 1/4 of said Section 13; thence run North 88°59'33"East, along the North line of the North 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Northwest 1/4 of said Section 13, for a distance of 596.55 feet to its intersection with the westerly Right of Way line of Livingston Road; thence southeasterly along westerly Right of Way line of Livingston Road and the arc of a non-tangential curve to the left, whose radius point bears North 65°24'43"East with a radius of 2047.36 feet, having a chord bearing of South 26°40'54"East and a chord distance of 149.59 feet, having a central angle of 04°11'14"and an arc length of 149.62 feet; thence run South 00°09'43"East, along said westerly Right of Way line, fora distance of 201.54 feet; thence run North 88°58'06"East, along said westerly Right of Way line, for a distance of 124.31 feet; thence southeasterly along said westerly Right of Way line and the arc of a non-tangential curve to the left, whose radius point bears North 54°3822"East with a radius of 2047.36 feet, having a chord bearing of South 41°3428"East and a chord distance of 443.21 feet, having a central angle of 12°25'40"and an arc length of 444.08 feet, to its intersection with the South line of the Northeast 1/4 of said Section 13; thence run South 88°56'18" West, along the South line of the Northeast 1/4 of said Section 13, fora distance of 417.41 feet; to the point of beginning. Containing 529,849.90 square feet or 12.164 acres more or less. EXHIBIT A 1 vEYING SKETCH & DESCRIPTION 4J` 47 A portion of Section 13, 1` ` _,, rM Township 48 South, Range 25 East st L'l��t '� Collier County, Florida •LIMY re L4S lI COP Mn CLIENT: Davidson Engineering PROJECT NO: P-072 MARCO SURVEYING & MAPPING 9 9 3825 BECK BOULEVARD PROJ. NAME:Grace Romanian Baptist Wo NO: 11-361 SEM 725 NAPLES, FLORIDA 34114 DRAFTED BY SCALE DATE DRAWING NO: 1-027 (239) 389-0026 WWW.MARCOSURVEYS.COM AMP 1"=200' 12/2013 SHEET NO: 2 of 2 J PG 5 OF 8 166 11 I GRAPHIC SCALE I 0 100 200 400 N88'59'33"E 596.55' WAY I �r I \\.._ (IN FEET) NORTHWEST CORNER OF THE NORTH 1/2 \:--wilvSINTGEsRTLoYNRIRGOHATDOF I inch= 200 ft OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13 SQ0'09'43"E 201.54' .—N00'11'45141 3.37.00' 7 SOUTHWEST CORNER OF THE NORTH 1/2 N88'58'06"E 121,31' OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13 WESTERLY RIGHT OF WAY LMNGSTON ROAD �2- v—N00'10'31"W 337.03' I 0 s�0 eD I -A0 SOUTHWEST CORNER OF THE SOUTH 1/2 / SOUTH LINE OF THE --57 C 7 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 / NORTHEAST 1/4 OF OF THE NORTHWEST 1/4 OF SECTION 13 / SECTION 13 \_,S88'56'291W 663.19' J S8• '56'18"W 417.41' OUTH LINE OF THE LEARNING WAY o POINT OF BEGINNING NORTHWEST 1/4 OF SECTION 13 SOUTHWEST CORNER OF NOTES WI NORTHEAST QUARTER 1. THIS IS NOT A SURVEY. AI OF SECTION 13 J 6 2. BEARINGS SHOWN HEREON ARE BASED ON THE x SOUTH LINE OF THE NORTHWEST 1/4 OF o CURVE TABLE SECTION 13, TOWNSHIP 49 SOUTH, RANGE 26 ul EAST, COLLIER COUNTY, FLORIDA, BEING CURVE RADIUS LENGTH DELTA CHORD BEARING CHORD S89'56'29"W. z C1 2047.36' 149.62' 411'14' S26'40'54'E 149.59' 3. NO EASEMENT SEARCH OR ABSTRACTING WAS C2 2047.36' 444.08' 12'25'40' 541'34'28"E 443.21' DONE BY THE SURVEYOR AND NOTE SHOULD BE TAKEN THAT THIS PROPERTY IS SUBJECT TO I ANY FACTS THAT MAY BE REVEALED UNDER A FULL AND ACCURATE TITLE SEARCH. 4. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS OTHERWISE NOTED. 5. SUBJECT TO EASEMENTS, RESERVATIONS, AND RESTRICTIONS OF RECORD. 6. THIS SHEET IS PART OF A 2 SHEET SET. 1i 111 , EXHIBIT A YI SKETCH & DESCRIPTION ,..iris Y.t,,� �vE LNG • "1 ;•• hJ AI. A portion of Section 13, • u, 1 , , .o Township 48 South, Range 25 East �1J as / ;,.. � .c cc, � %- �,� Collier Florida J. y t 2 - I 11ff �= County, David J. a.t' M, Florida Licenb'e No. 5834 A LIMITED it•cIITV cwrwV CUENT.' Not valid without the signature and ASARCO SURVEYING & MAPPING Davidson Engineering PROJECT NO: P-072 original seal of the Florida Licensed 3825 BECW BOULEVARD PRAT. NAME:Grace Romanian Baptist WO No: 11-361 SUITE Professional Surveyor and Mapper NAPLES, FLORIDA 34114 DRAFTED BY SCALE DATE DRAWING NO: 1-027 Certificate of Authorization /7705. (239) 389-0026 ` www.AARCOSURVEYS.COU MDP r=200' 12/2013 SHEET NO: 1 of 2 / PG 6 OF 8 16B 1 ■ Description of Conservation Easement Being a portion of Section 13, Township 48 South, Range 25 East Collier County,Florida being more particularly described as follows; BEGINNING at the Southwest corner of the Northeast 1/4 of Section 13, Township 48 South,Range 25 East; Collier County,Florida; thence run South 88°56'29"West; along the South line of the Northwest 1/4 of said Section 13, for a distance of 663.19 feet; to the Southwest corner of the South 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Northwest 1/4 of said Section 13; thence run North 00°10'31" West; along the West line of the South 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Northwest 1/4 of said Section 13, for a distance of 84.01 feet;thence run North 88°5625" East;fora distance of 633.10 feet; thence easterly along the arc of a non-tangential curve to the left whose radius point bears North 13°30'00"East with a radius of 55.00 feet;having a chord bearing of South 85°37'55"East and a chord distance of 17.46 feet;having a central angle of 18°15'49"and an arc length of 17.53 feet; thence run North 85°14'11"East, for a distance of27.25 feet; thence easterly along the arc of a tangential curve to the right with a radius of20.00 feet; having a chord bearing of South 85°21'49"East and a chord distance of 6.53 feet; having a central angle of 18°48'00"and an arc length of 6.56 feet; thence run South 75°57'50"East; for a distance of 19.21 feet; thence run South 74°03'17"East; for a distance of 19.89 feet; thence run South 24°26'38"East; for a distance of 16.50 feet; thence run South 10°18'17" West; for a distance of 30.54 feet; thence run South 05°5525" East;for a distance of 7.59 feet; thence run North 88°56'18"East; for a distance of 154.51 feet; thence run North 01°03'42" West; for a distance of 42.20 feet; thence northeasterly along the arc of a non-tangential curve to the left whose radius point bears North 11°23'50" West with a radius of 52.55 feet;having a chord bearing of North 42°5527"East and a chord distance of 61.29 feet;having a central angle of 71°2126"and an arc length of 65.44 feet; thence northerly along the arc of a non-tangential curve to the left whose radius point bears North 82°48'16"West with a radius of 73.13 feet;having a chord bearing of North 06°57'10" West and a chord distance of 35.75 feet;having a central angle of 28°17'49"and an arc length of 36.12 feet; thence run North 48°25'42"East; for a distance of 19.73 feet to its intersection with the westerly Right of Way line of Livingston Road; thence southeasterly along said westerly Right of Way line and the arc of a non-tangential curve to the left, whose radius point bears North 48°12'18"East with a radius of 2047.36 feet; having a chord bearing of South 44°47'30"East and a chord distance of214.05 feet; having a central angle of 05°59'35"and an arc length of 214.15 feet to its intersection with the South line of the Northeast 1/4 of said Section 13; thence run South 88°56'18" West; along the South line of the Northeast 1/4 of said Section 13, for a distance of 417.41 feet to the point of beginning Containing 79,637 square feet or 1.828 acres more or less. REVISIONS: 1. REVISED TO CORRECT ACREAGE, RY, 12/13/01213 EXHIBIT B EYIIy .� SKETCH & DESCRIPTION A portion of Section 13,•°, - 9 Township 48 South, Range 25 East cc, 11 , Collier County, Florida ,^i'P EYING aMAP CLIENT: Davidson Engineering PROJECT NO: P-072 AURCO SURVEYING AUPPING 9 9 3825 BSUITE ECK BO725 ULEVARD PROD. NAME:Grace Romanian Baptist WO NO: 11-361 PG OF 8 NAPLES, FLORIDA 34114 DRAFTED BY SCALE DATE DRAWING NO: 1-028(239) wh M+RCOSURV�s COU _ MDP 1"=200' _ 12/2013 SHEET NO: 2 of 2 1 16B 4 e GRAPHIC SCALE 0 100 200 400 IN 61.1.111.11.1111.1i (IN FEET) I inch= 200 ft. ri I -9.0 OZ WESTERLY RIGHT OF WAY 1 LIVINGSTON ROAD L1 V ' 0. 0 C5 N88.56'25 E 633.10' C1-N, `4 610'18'171W 30.54' * L6 � -N00'10'31'W 84.01' S05'S5'25� 7.59' ` L5 S86'29'W 663.19' S88'S6'18'W 417.41' LEARNING WAY 2 SOUTH LINE OF \-SOUTW5 HLINE OF 1HE J POINT OF BEGINNING THE NORTHEAST 7/4 OF SECTION 13 NORTHWEST 1/4 OF SECTION 13 Z SOUTHWEST CORNER OF THE SOUTHWEST CORNER OF THE SOUTH 1/2 o NORTHEAST QUARTER OF OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 w SECTION 13 OF THE NORTHWEST 1/4 OF SECTION 13 cn NOTES : P = 1. THIS IS NOT A SURVEY. o I 2. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF THE o NORTHWEST 1/4 OF SECTION 13, 1 TOWNSHIP 49 SOUTH, RANGE 26 EAST, cc COLLIER COUNTY, FLORIDA, BEING °z S89'56'29"W. 3. NO EASEMENT SEARCH OR ABSTRACTING WAS DONE BY THE SURVEYOR AND NOTE SHOULD BE CURVE TABLE TAKEN THAT THIS PROPERTY IS CURVE RADIUS LENGTH DELTA CHORD BEARING CHORD SUBJECT TO ANY FACTS THAT MAY BE C1 55.00' 17.53' 1815'49• 585'3755•E 17.46' REVEALED UNDER A FULL AND C2 20.00' 6.56' 18'48.00• S8521'49'E 6.53' ACCURATE TITLE SEARCH. C3 52.55' 65.44' 71'21'26' N42'55'27'E 61.29' 4. ALL DIMENSIONS ARE IN FEET AND C4 73.13' 36.12' 28'17.49• N06'S7.10•W 35.75' DECIMALS THEREOF, UNLESS zo47.36' 214.15' 559.35• s444730•E 214.05' OTHERWISE NOTED. 5. SUBJECT TO EASEMENTS, LINE TABLE RESERVATIONS, AND RESTRICTIONS OF UNE BEARING LENGTH RECORD. L1 N8514'11'E 27.25' 6. THIS SHEET IS PART OF A 2 SHEET L2 s7517'50'E 19.21' L3 S74103'17'E 19.89' SET L4 524'26'38•E 16.50' L5 N88'56'18'E 154.51' L6 NO1'03'42'W 42.20' L7 N48'25'42'E 19.73' REVISIONS: 1. REVISED TO COI?P T ACREAGE, RY, 12/13/01213 EXHIBIT B ��j't .�••4'1 vEYING SKETCH & DESCRIPTION ���11�I,� 1 ,, �J� 3 A portion of Section 13, u - Township 48 South, Range 25 East, David J Hyatt: PSM,' Ati - = Collier County, Florida Florida License No. 5834 ,i,nireo ii.ecitrv�wvµv CLIENT: Not valid without the signature and MARCO SURVEYING & MAPPING Davidson Engineering PROJECT NO: P-072 original seal of the Florida Licensed 3825 BECK BOULEVARD PRAT. NAME:Grace Romanian Baptist wo No: 1 1-361 SUITE 725 Professional Surveyor and Mapper Y PP NAPLES, FLORIDA 34 114 DRAFTED BY SCALE DATE DRAWING NO: 1-028 Certificate of Authorization /7705. (239) 389-0026 Www.MARCOSURVEYS.COM MDP 1"=200' 12/2013 SHEET NO: 1 of 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI$ L B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 V THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP eCI r'Ci i2 24 Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is al ady complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office 2. BCC Office Board of County T N Commissioners VN S1 Vz-.\2:A �l 3. Minutes and Records* Clerk of Court's Office I223P- l *Please scan under Golden Gate Blvd. Proj. No. 60040 in the BMR Real Property Folder.Thank you. PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robert Bosch,R W Coordinator,Tpt.Eng. Phone Number 252-5843 Contact/ Department Agenda Date Item was 02/23/2010 • Agenda Item Number 16.B.1 (Resolution No. Approved by the BCC 2010-39) Type of Document Subordination Agreement Number of Original One Attached Documents Attached PO number or account 338-163658-649030 number if document is PGRP:TEC;PROJ.#60040 to be recorded NOTE:NO HARD COPIES REQUIRED. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? No 2. Does the document need to be sent to another agency for additional signatures? If yes, No provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the 'n document or the final negotiated contract datetwhichever is applicable.D kkeo{S�ra� &re tit" 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010(enter date)and all changes made during the meeting have been incorporated in the attached document. The pfi County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the / BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 168 1 PROJECT: 60040 This instrument prepared by: /nA k by u I Florida Power& Light Company P. O. Box 1119 Sarasota. FL 34230-1119 SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT, entered into this �c\day ofbtrx., 20\x. by and between COLLIER COUNTY, a political subdivision of the State of Florida. hereinafter called the "County", and FLORIDA POWER & LIGHT COMPANY, a Florida Corporation, whose mailing address is P. O. Box 14000, Juno Beach, Florida 33408, hereinafter called "Utility". WITNESETH: WHEREAS, the Utility presently has an interest in certain land that has been determined necessary for highway purposes; and WHEREAS,the proposed use of this land for highway purposes will require subordination of the interest claimed in such land by Utility to the County; and WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of- way to prevent conflict between the County's use and the Utility's use,and for the benefit of each,and WHEREAS the County, in recognition of the Utility's interest in the certain land, is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit "A", attached hereto and made a part hereof NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and the County agree as follows: UTILITY subordinates any and all of its interest in its easement land described on "EXHIBIT A" attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing, improving, maintaining and operating a road and drainage and utility facilities over,through, upon, and/or across such land, based on the following: NATURE OF ENCUMBRANCE DATE RECORDED BOOK,PAGE Easement 04/23/2007 OR 4217, Pages 4004&4005 The County and the Utility further agree that: 1. "Public right-of-way", as used herein, shall mean that area which is described in Exhibit "A" and which includes the Utility's easement identified above and additional land for public right-of-way, as described in Exhibit "A", attached hereto and made a part hereof. 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right-of-way will be subject to prior approval by the County. 3. The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located presently or to be located on the public right-of-way described in Exhibit "A", if such relocation or adjustment is caused by present or future uses of the right-of-way by the County or its assigns, including, but not limited to, the cost of acquiring a replacement easement. 4. The Utility' shall have the right to enter upon the land described in Exhibit "A" for the purposes outlined in Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities. The County shall provide and insure access to said land by the Utility. 5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage resulting from the Utility exercising its rights to construct, operate, maintain, improve, add to, upgrade or remove its facilities on the said public right-of-way. 6. This Agreement shall not be assigned by the County except to the State of Florida. CA . . 16 B I. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. ATTEST:.'(^."'a`j-..7' , BOARD OF COUNTY COMMISSIONERS DWIGHT:BOCK,Clerk„ COLLIER COUNTY, FLORIDA fe1 .���:.. 1..,�. �iL.ILI BY: , 'Attest as to Chain, .., P-puPwlerk TOM HENNING , C AIRMAN signature only: ; ,,, Signed, sealed and delivered FLORIDA POWER& LIGHT COMPANY in the prese ce of: By: A. ' — _I • _I__ f By: v4 , / /� / Title: West Area Real Emi Manager ' • t Name: /.j/f 4 t /(4- ( i _ Print Name: Mark L. Byers By: ;_\--)'Q L 114414.. Print Named ,v Lb L rg J Ei (Corp. Seal) STATE OF FLORIDA, COUNTY OF SARASOTA I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared Mark L. Byers, to me known and personally known to me to be the person described in, and did not take an oath and who executed the foregoing instrument as the West Area Real Estate Manager of the Florida Power& Light Company and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation. WITNESS my hand and official seal in the County and State aforesaid this}day of D&-6n6420 14-. (affix notarial seal) YX . r g ature of Notary Public) ;:::"'"U` (Print Name of Notary Public) =o ti LILLIAN M COLE MY COMMISSION#FF060669 ;.',r�M1�,. °'ti � EXPIRES October 7,2017 Serial /Commission# (if any): (407)398-0153 FloridallotaryService.com My Commission Expires: Approved as to form and legality: • . r\ - Assistant County Attorney 2 FPL Subordination Agreement Last revised:03/20/2013 CA . .- 16B1 ! , A LINE TABLE I EXHIBIT "A" LINE BEARING LENGTH I 1 L1 I N89'30'48"E 149.99' L2 NO0'29'35'W 50.00' L3 N00'29'35'W 35.00' O. L4 N89'30'48"E 129.98' L5 N44'30'48"E 28.28' L6 S00'29'38"E 55.00' L7 S89'30'48'W 149.98' EAST 180' OF TRACT 72 #11#.' GONZALEZ HILTS OR 1833/623 OR 4029/1972 z + N TRACT 71 TRACT 72 TRACT 73 GOLDEN GATE ESTATES 0° UNIT 49 PLAT BOOK 5 PAGE 82 WEST LINE OF EAST 30' OF 0 WEST LINE OF TRACT 72 EAST 180' OF N TRACT 72--\ 30' vie W _�I` E PROPOSED ROADWAY EASEMENT PARCEL 209 RDUE 5.449 So. FT. h =. S I L4 , 4r11P- " ' -.„ - -4/ ....._ POINT OF LPONT OF NORTH LINE OF COMMENCEMEN EGINNING N SOUTH 50' OF 50' k 98+00 00 I 99+00 L1 , 100+08 TRACT/7/e i { �'+00 103+00 SOUTH LINE OF GOLDEN GATE BOULEVARD (CR 876) TRACT 72 I OR OFFICIAL RECORDS (BOOK/PAGE) • _Ai PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 80 LEGAL DESCRIPTION FOR PARCEL 209 RDUE A PORTION OF TRACT 72, GOLDEN GATE ESTATES, UNIT 49 AS RECORDED IN PLAT BOOK 5, PAGE 80 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTIONS 2, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 72; THENCE N.89'30'48"E., ALONG THE SOUTH LINE OF SAID TRACT 72, FOR 149.99 FEET TO A POINT ON THE WEST LINE OF THE EAST 180 FEET OF SAID TRACT 72; THENCE N.00'29'35"W., ALONG SAID WEST LINE FOR 50.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 50 FEET OF SAID TRACT 72 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE N.00'29'35"W., ALONG SAID WEST LINE, FOR 35.00 FEET; THENCE N.89'30'48"E., FOR 129.98 FEET; THENCE N.44'30'48"E., FOR 28.28 FEET TO A POINT ON THE WEST LINE OF THE EAST 30 FEET OF SAID TRACT 72; THENCE 5.00'29'38"E., ALONG SAID EAST LINE, FOR 55.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 50 FEET OF SA,D TRACT 72; THENCE S.89'30'48'W., ALONG SAID NORTH LINE, FOR 149.98 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. ,/f CONTAINING 5,449 SQUARE FEET, MORE OR LESS. /�,� 0 40 80 180 �q! MICHAEL A. WARD, PROFESSIONAL SURVIVOR t MAPPER SKETCH & DESCRIPTION ONLY FLORIDA R T flON Nq,5301 NOT A BOUNDARY SURVEY SCALE: 1'-80' slcrwG��` SnID FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS AAi1ARIDA ERED P ML AND WPPFR. SFi�OF GOLDEN GATE BOULEVARD DXI Men Vismagrioa SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT CONSULTING Q -VA. .11. Swaying&Mapping .A.PARCEL 209 RDUE o€lo Mow Park Drive,suite 200 Napes,Florida 34109 COLLIER COUNTY, FLORIDA Phone:(239)597-0575 FAX:(239)597-0578 LB No.:8952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY i FILE NAME SHEET 050217.00.00 0007 ( 2 49 27 1" = 80' I FEB. 2008 I S.D.L. I UN49 SK209 1 OF 1 0 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 g 1 cki TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. - ttaeh to original document. fhe completed routing slip and original documents are to he forssarded to the County Attorney Office at the time the item is placed on the agenda. .VI completed routing slips and original documents must be received in the County attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office 40-1}03) lot A6 2. BCC Office Board of County b� Commissioners \A•C/57 Z\v' 3. Minutes and Records* Clerk of Court's Office 1 2((3(15 2:30 , *Please scan under Miscellaneous Projects No. 99999 in the BMR Real Property Folder. Thank you. PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robert Bosch, ROW Coordinator,Tpt. Eng. Phone Number 252-5843 Contact/ Department Agenda Date Item was 02/23/2010 Agenda Item Number 16.B.1 Approved by the BCC C&tSo• 10 CO- Si) Type of Document Subordination Agreement Number of Original 1 Attached Documents Attached PO number or account DO NOT RECORD. TO BE RECORDED number if document is BY DEVELOPER'S ATTORNEY to be recorded INSTRUCTIONS& CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? No 2. Does the document need to be sent to another agency for additional signatures? If yes, No provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010(enter date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the / cs, / Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 168 ~ I PROJECT: This instrument prepared by: Richard G.Cherry,Esquire Cherry,Edgar&Smith,P.A. 8409 No. Military Trail,Suite 123 Palm Beach Gardens,FL 33410 SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT, entered into this l day of -Fe. e•-va. , 2015, by and between COLLIER COUNTY,a political subdivision of the State of Florida,hereinafter called the"County",and FLORIDA POWER&LIGHT COMPANY, a Florida corporation, whose mailing address is P. O. Box 14000, Juno Beach, Florida 33408, hereinafter called"Utility". WITNESETH: WHEREAS,the Utility presently has an interest in certain lands that have been determined necessary for highway purposes;and WHEREAS,the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the County;and WHEREAS,the County is willing to pay for the initial relocation(if any)of the Utility's facilities within the public right-of-way to prevent conflict between the County's use and the Utility's use,and for the benefit of each,and WHEREAS the County, in recognition of the Utility's interest in the certain lands, is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit"A",attached hereto and made a part hereof, NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and the County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A"attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing, improving, maintaining and operating a road over,through,upon,and/or across such lands,based on the following: NATURE OF ENCUMBRANCE DATE RECORDED BOOK,PAGE Construction,operation and maintenance of April 7,2000 Official Record Book 2661,Page overhead and underground electric utility facilities 2754,Public Records of Collier (including wires,poles,guys,cables,conduits and County,Florida appurtenant equipment)to be installed from time to time;with the right to reconstruct,improve,add to, enlarge,change the voltage,as well as,the size of and remove such facilities or any of them within an easement 10 feet in width Construction,operation and maintenance of April 6,2000 Official Record Book 2661,Page overhead and underground electric utility facilities 2762,Public Records of Collier (including wires,poles,guys,cables,conduits and County,Florida appurtenant equipment)to be installed from time to time;with the right to reconstruct, improve,add to, enlarge,change the voltage,as well as,the size of and remove such facilities or any of them within an easement 10 feet in width Construction,operation and maintenance of November Official Record Book 668,Page overhead and underground electric utility facilities 12, 1976 378,Public Records of Collier (including wires,poles,guys,cables,conduits and County,Florida appurtenant equipment)to be installed from time to time;with the right to reconstruct,improve,add to, enlarge,change the voltage,as well as,the size of and remove such facilities or any of them Construction,operation and maintenance of April 4,2000 Official Record Book 2660,Page overhead and underground electric utility facilities 1034,Public Records of Collier 1b B 1 ' (including wires,poles,guys,cables,conduits and County,Florida appurtenant equipment)to be installed from time to time;with the right to reconstruct, improve,add to, enlarge,change the voltage,as well as,the size of and remove such facilities or any of them within an easement 10 feet in width The County and the Utility further agree that: 1. "Public right-of-way",as used herein,shall mean that area which is described in Exhibit "A"and which includes the Utility's easements identified above and additional lands for public right-of-way, as described in Exhibit "A", attached hereto and made a part hereof. 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance with the County's current minimum standards for such facilities as of the date of this Agreement. Any new construction or relocation of facilities within the public right-of-way will be subject to prior approval by the County. 3. The County shall pay for the relocation of existing facilities.In addition,the Utility retains the right to be reimbursed either now or in the future, for additional relocation or adjustment of its facilities located presently or to be located on the public right-of-way described in Exhibit "A", if such relocation or adjustment is caused by present or future uses of the right-of-way by the County or its assigns, including,but not limited to,the cost of acquiring replacement easements. 4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined in Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities. The County shall provide and insure access to said lands by the Utility. 5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage resulting from the Utility exercising its rights to construct,operate,maintain,improve,add to,upgrade or remove its facilities on the said public right-of-way. 6. This Agreement shall not be assigned by the County except to the State of Florida. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,,Clerk COLLIER COUNTY,FLORIDA• \, es ! BY: , u erk TIM NANCE,CHAIRMAN est as to Chairinan' signature only: Signed,sealed and delivered FLORIDA POWER&LIGHT COMPANY in the presence of: B i • By: O� r // // o Title: West Area Real Estate er L Print Name: -L /(l Cir /tJ .C O l€ Print Name: Mark L.Byers By: �(1�/i�.►tr� Print Name: 41,///t hi- 1�ap1,, (Corp.Seal) STATE OF FLORIDA,COUNTY OF SARASOTA I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared Mark L. Byers,to me known and personally known to me to be the person described in,and did not take an oath and who executed the foregoing instrument as the West Area Real Estate Manager of the Florida Power& Light Company d acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation,who ( )is personally known to me,or( )produced as identification. 2 Approved as to form ana FPL Subordination Agreement Last revised:03/2o/2o>3 a Assistant County 16B WITNESS my hand and official seal in the County and State aforesaid this jday ofl v ,r 2015. (affix notarial seal) C Q_ ature of Notary Public) (_! (Print Name of Notary Public) f %. LILLIAN M COLE i MY COMMISSION#FF06066g Serial/Commission#(if any): ?orn •` EXPIRES October 7,2017 (407)398-o1453 Florldallota Service,corn My Commission Expires: Approved as to form and legality: N�><� . a L. ED IQ istant County omey 3 FPL Subordination Agreement Last revised:03/20/2013 166 EXHIBIT"A" Parcel I: See legal description and sketch attached hereto as Schedule "1". Parcel II: The East 30 feet of the Southeast 1/4 of the Southeast 1/4 of the Northeast 1/4 of the Southwest 1/4 of Section 36, Township 48 South, Range 26 East,of the Public Records of Collier County,Florida. Parcel III: The East 30 feet of the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 36, Township 48 South,Range 26 East,of the Public Records of Collier County,Florida. Parcel IV: The East 30 feet of the Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 36, Township 48 South,Range 26 East,of the Public Records of Collier County,Florida. See sketch of Parcels 1,II,III and IV attached hereto as Schedule"2". R:\Pulte\Everglades\Conservation Eascment\FPL Subordination of Utilities.Version 2.doc 3 FPL Subordination Agreement Last revised:03/2o/2ot3 1 168 1 SCHEDULE "1" DOUGLAS ROAD EASEMENT SECTION 36,TOWNSHIP 48 SOUTH,RANGE 26 EAST COWER COUNTY,FLORIDA DESCRIPTION: A parcel of land lying in Section 36,Township 48 South,Range 26 East,Collier County, Florida and being more particularly described as follows: Commencing at the Southwest corner of the Southeast one quarter of said Section 36, thence run N.02'30'05"W., 60.05 feet along the West boundary of the Southeast one quarter of said Section 36, to a point on the North road easement line of Vanderbilt Beach Road and the Point of Beginning; thence continue along said West boundary of the Southeast one quarter, N.02°30'05"W., 1606.84 feet; thence 5.89'55'41"E. 30.03 feet;thence 5.02°30'05"E., 1606.77 feet to a point on the North road easement line of Vanderbilt Beach Road;thence along said North right of way line 5.89'56'44"W.,30.03 feet to the POINT OF BEGINNING. Containing 1.11 Ac.,more or less. Bearings are based on the West boundary of the Southeast 1/4 of Section 36,having a bearing N.02'30'05"W. Prepared: Diversified Surveying Inc. 1939 Dana Drive Fort Myers,Florida 33907 LB 7935 1/13/2014 Fl ida Professional Surveyor and Mapper#6091 Sheet 1 of 2 16B 11 SCHEDULE "1" • MAINTENANCE N MALMO S.fr55'4PE. 50.05' i 0 r 1111 SANBOPN Atli line • - to _- , C 140 MOO 400 EN r SCALE:1'-•00' *t,_ NOTES: 1. BEARINGS ARE BASED ON THE Vol ST BOUNDARY OF THE SOUTHEAST 1/4 OF SECTION 38, HAVING A BEARING N.02'30'05'14. 2. NOT VALID WITHOUT NE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND I MAPPER. .f — J SHERMAN AVE — N gNam,l/1 A Tp SRI/4 of Re S!I/4 U+ J6 O 4 SOLMlaOF THE SW 1/4 OF THE SE 1/4 _ SECT/dv 36 30' Public Rood • 1 ment N OR 160/237) t iiIMPoeft 30' I ( 24' Pavement- ..41. CLIM HOUSE' i ., /',4Ne: IN l, 1 I Coll/er County Utility Easement (OR 2736/2555))��`' Pawn Of 9E NN 1 (OR 2736/2551) N.0?'JO'O1'W. , 60.05' 1 (OR 2736/2559) y VANDER= �1.-X1Clal•.• iii• ' ' (60'ROAD E4warer OR/6N//381) Section 3B Parer or CST Section 1 SOUTH(1/4 CORNER SECTION 36 20919 1' NOT A SURV /]/014 MINN>N 1ONIO1IP N 14 IWir N e - illais- DOUGLAS STREET EASEMENT ;,; ,';'"1014 DIVERSIFIED U � SKETCH OF DESCRIPTION =one 1939 ONIA ORM. FT. NYflrs, FL 3307 �tOA"" "Psrn•WI PHONE 331.e95.1053 12 1 7935 _ SHEET 2 OF 2 RAM ROMMEL mean us wpm 1 • 16B l S "2" •,w V 1 '1 ?n V ,S. • I 'y F 1' ) ,44.0. a 4 4 .4w r{r,. ./�y�`' a .. S' y s,!'+'',4 4i;,., yl ' i ;,�,+ Y. V % 4 ,`�.r"._'It.i ' ''.) „4.'"F+'4V . , w{;1 ^ !t�.i ;ef'x. Y6 i +("I',,t sue ";4) .i ')t4* } } . 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BEING PART or' SECTION 36, ,S6NABORN ,AVL eNii�.,r 1 1 ,, .TOWNSHIP 48 S'OUTW, RANGE 26 s4,. . � /\4P1 , * 41' EAST, COLLIER .COUNTY, FLORIDA - s.4 4 ' I, e'3 7r.•it 1:%144e• ot 1r `' ` PROPOSED . e,. A \ ' DOUGLAS ST 4. .. A ; .� CORRIDOR. % �" '..,,,r: IS it".1.1°K.Vrto , re`Z,V-Wi0r,,Z11.1r 41 *At. AP. ' 0 • Q• t�S- 44 , 9 i 4, .• . \ _4 aY'L�,, POI .;'r0. , �,. ,r r _ ` _ _ _ ,VANDERBILT BEACH ROAD ■ • 4 twae^ ' ; `''"+ a 'yea ,'.i, k 1'"45 x a"*e'a'r 7""*, ..-7.:',.'4**. 4 " ■r•.... ffi ... Vr 4. 5447`4 a * 4 T;j9i'. i a4 a` : , r •-, i ' 1 •.•<A,.1it .; 4...w ,+„ .. -I 1 y ■ ' ?p '1 4...P....i `,...**; -<1,4,,,. 1:' - '46.. eat.- aF../.4 > .x,,..as � ,_s Sta � " `SKETCH TO SHOW D(IS11NC AND PROPOSED DOUGLAS ST '215611733 �LTA1 72(IDBaMyl�ne 5ub4200, fL3i,06 `GOLF CLUB OF EVERGLADES �1L—GCOE-01 1104. CIO 6pD 114111 Phom 239(134010.Fu 2343I6 a sun m,a.ma 341x_26 � a, •••60.e, ,Lomade .*Reg,NES PULTE GROUP 10-7-14 sarN°` 2 OF 2 Oct a.e14-11410 11YfTLDiWHl 2L41IMwiY'Mne76VtMro‘07BEQ-fL-CwryYMWre/VVirV -datelpIlr+KIJ_Mf a{.oaf Jr'ywM4i 1 ORIGINAL TOAC ACCOMPANY ALL ORIGINAL DOCUMENTS SLIP SENT TO B 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office L /3 o/CS 4. BCC Office Board of County 1� / ` �S Commissioners V� S`Cl 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec Phone Number 239-252-5805 Contact/ Department Agenda Date Item was 02/23/2010 Agenda Item Number 16.B.1 Approved by the BCC (Resolution 2010-39) Type of Document Easement Agreement Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? KD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on_02/23/2010_ and all changes made ' during the meeting have been incorporated in the attached document. The County le Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. Please scan under BMR Real Property—Kirkwood Alley 601'0—Parcel 11 UE I:Forms/County Forms/BCC Forms!Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 ioBi PROJECT: 60140 PARCEL No(s): 114DUE FOLIO No(s): 54510000025 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this SIckr. day of , 20 ■5 , by and between FFT IV LIMITED PARTNERSHIP, a Florida limited partnership, whose mailing address is 1511 Ridgeside Drive, Ste C; Mount Airy, MD 21771-5480 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a Drainage and Utility Easement over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall convey the Easement to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a properly executed easement instrument) is hereinafter referred to as the "Closing." Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the Closing Documents, properly executed, witnessed, and notarized where required, in a form acceptable to County. 0 16B1 '. 3. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. CURRATIVE INSTRUMENTS AND PROCESSING FEES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement. County shall have sole discretion as to what constitutes "reasonable processing fees." 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 7. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUN S-1 J� DATED: � b t 11_ ATTEST: '* ' >-> BOARD OF COUNTY COMMISSIONERS D HT g. B' Clerk.. COLLIER.GP1.L14•TY,,FFLLORIDA •'i► +� �..,:1.�1 ► BY: eiytc�. ,est as tochainTlatOuty Clerk Tim Nance, Chairman irn't1,,re only. " �d� . . 1681 AS TO OWNER: DATED: FFT IV LIMITED PARTNERSHIP, a Florida Limited Partnership , --) by C&J of Naples, Inc, General Partner Witless (Signature) jar^Qf L(Av 0 ; 6 - vP Na b - (Print or/T ,,e) Po6esa- F(Ig VP W ( f4 ∎4 i . ....„.... ) . W ess (Si: ature) VI t_or , sAcA1f-z Name (Print or Type) A roved to form and legality: 4,4/f i/IS 5e. . A. 5-4-one- Assistant County Attorney Last Revised 12/10/2014 (.7.1) PROJECT NO.60140 1 6 B 1. PROJECT PARCEL NO. 114DUE EXHIBIT A PARENT TRACT FOLIO NO. 54510000025 Page__Lof_ I LEGAL DESCRIPTION &SKETCH (NOT A SURVEY) //JJJJJJf//S/nIr<a Zif _ .'.iY>.:G N r THE WEST 40 FEET OF THE WE NORTH 20 FEET OF LOT 1 LOT 1,LAPORTE COMMERCIAL PARK PLAT BOOK 25.PAGE 60 ^xi ISS-SH 'x.9.4,ti LINWOOD AVENUE A PORTION OF LOT 1, LAPORTE COMMERCIAL PARK, AS RECORDED IN PLAT BOOK 25, PAGE 60, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 40 FEET OF THE NORTH 20 FEET OF SAID LOT 1 CONTAINING 800 SQUARE FEET, MORE OR LESS. SKETCH NOT TO SCALE CAW County Growth Management Department Trarsportahon Engineenng Derision 04109/15 6 32 AM CAO ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 169 I TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County.Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Offs a no later than\londay preceding the Board meeting. £ fry **NEW** ROUTING SLIP V ECL.rra k\ Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document.is already complete with the exception of the Chairman's signature,draw a line through routing_lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County �c Commissioners 4k,y, �� 5. Minutes and Records Clerk of Court's Office Iry �fr IS ,� ,� PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff David Anthony Phone Number 252-2497 Contact/ Department Agenda Date Item was 2/23/2010 Agenda Item Number 16B1 Approved by the BCC Type of Document Conservation Easement Number of Original 2 Attached Mortgagee's Consent Documents Attached PO number or account Customer to be notified to pay the Clerk number if document is directly to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? x 2. Does the document need to be sent to another agency for additional signatures? If yes, n/a provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed x by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's x Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the x document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's x signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip n/a should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on — (date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I ;; I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26 05,Revised 2.24,05;Revised 11/30/12 168 1 ' OFFICE OF THE COLLIER COUNTY ENVIRONMENTAL SERVICES SECTION INTEROFFICE MEMORANDUM TO: Board of County Commissioners of Collier County FROM: David Anthony, Environmental Review Section DATE: 4/2/15 RE: Acceptance of Conservation Easement Attached is a Conservation Easement for Tamiami Crossing. In accordance with Resolution No. 2010-39, approved by the Board of County Commissioners on February 23, 2010, I am requesting that if this Conservation Easement is acceptable, please sign or stamp as to approval of this Conservation Easement, and forward it, along with the attachments, to the Clerk for attestation and recording. Thank you for your consideration of this matter. If you have any questions, feel free to contact me at (239) 252-2497. Attachments 16B �. OFFICE OF THE COLLIER COUNTY ENVIRONMENTAL SERVICES SECTION INTEROFFICE MEMORANDUM TO: Clerk to the Board, Board Minutes and Records FROM: David Anthony, Environmental Review Section DATE: April 2, 2015 RE: Attestation and Recording of Conservation Easement Attached is a Conservation Easement for Tamiami Crossing, which has been approved by the Board of County Commissioners. Please attest as usual and hold the original documents until the applicant provides payment for recording. Then forward the packet to the Recording Department. Thank you for your assistance in this matter. Please send me a copy of the receipt via interoffice mail. Please send an email to DavidAnthony@ colliergov.net when the easement has been recorded. If you have any questions, feel free to contact me at (239) 252-2497. The following agent will be paying the recording fees: D. Brent Addison, P.E. GradyMinor 3800 Via Del Rey Bonita Springs, FL 34134 239-947-1144 P 239-947-0375 F Attachments Routing Slip Conservation Easement Clerk of Circuit Court's Information Sheet 16B I INSTR 5106745 OR 5139 PG 367 RECORDED 4/10/2015 3 57 PM PAGES 8 Tfll,S INSTRUMENT PREPARED BY& RETURN TO. DWIGHT E BROCK. CLERK OF THE CIRCUIT COURT NAVE.- Robert G. Solloway, Esq. COLLIER COUNTY FLORIDA DOC@ 70$0 70 REC$69 50 ADDRESS. Kitc Realty Group 30 South Meridian Street,Suite 1 100 Indianapolis, Indiana 46204 PARCEL I Part of#00726240005 tiPACI.ABOVE"PHIS I,INF.FOR PROCESSING DATA SPACE ABOVE.TH1S LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this V' day of r 2015, by KRG 951 & 41, LLC, a Florida limited liability company (hereinafter "Grantor"), s Grantor, whose address is c/o Kite Realty Group, Attn: Vice President of Property Operations, 30 South Meridian Street, Suite 1100, Indianapolis, Indiana 46204, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the"parties." WHEREAS, Grantor is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" attached hereto (hereinafter referred to as the "property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind Grantor; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit"B" (the"Easement Property"). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. Grantor, its successors, heirs, assigns and/or transferees, hereby grants a non-exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. Revised 7/28/14 1 168 1 I 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 3. Grantor, its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. Revised 7/28/14 2 1 I 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual, 11. If any provisions of the Conservation Easement or the application thereof to • any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: WITNESSES: KRG 951 & 41, LLC, a •rida limited liability c•• • , 114 • Print . . e• lr. t ac,.c By: RM -r y �_ i Printed'Name: ( ,cark tS Prig:• Na ►-: j7ot,4&As t4145y Title: SV'� Revised 7/28/14 3 16B 1 1 STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrument was subscrib d, worn and acknowledged before me this I5V P ay of _, 2015, by � rU)�in5 �KRG 951 & 41, LLC, a Florida limited liability company, as who is [' personally known to me or ty pa Y, and [ ] who produced as identification. `'au v IbeA/A■6_2 NOTARY PUBLIC J�lin A • / (.,Q Printed Name: V My Commission Expires: "pUy wrra.rrn."nri �ao..,E VIVIAN A. LOBE l ;.,„,.p.•, s Notary Public.State of tnOlene ”: :a= Commission•853681 •3f Al 9A :�. My Commission E>,oues q,�±'ni�`�`, May 18. 2022 Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIC r E:•BROCK, CLERK COLLIER COUNTY, FLORIDA • '''''); ViliA—sV-4/ KE- *A By:_ , gm / \'" ./C-6-2/ tAc-e. 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All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 5/1-C/L5 4. BCC Office Board of County Commissioners \r \ t7\ s 5. Minutes and Records Clerk of Court's Office 5l2 / PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff David Anthony Phone Number 252-2497 Contact/ Department / Agenda Date Item was 2/23/2010 ✓ Agenda Item Number 16B1 Approved by the BCC Type of Document Conservation Easement Number of Original 2 Attached Mortgagee's Consent Documents Attached PO number or account Customer to be notified to pay the Clerk number if document is directly to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? x 2. Does the document need to be sent to another agency for additional signatures? If yes, n/a provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed x by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's x Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the x document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip n/a should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on ablitc(date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for Chainnan's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 168 ill OFFICE OF THE COLLIER COUNTY ENVIRONMENTAL SERVICES SECTION INTEROFFICE MEMORANDUM TO: Board of County Commissioners of Collier County FROM: David Anthony, Development Review DATE: January 23, 2015 RE: Acceptance of Conservation Easement Attached is a Conservation Easement for Sandalwood Village. In accordance with Resolution No. 2010-39, approved by the Board of County Commissioners on February 23, 2010, I am requesting that if this Conservation Easement is acceptable, please sign or stamp as to approval of this Conservation Easement, and forward it, along with the attachments, to the Clerk for attestation and recording. Thank you for your consideration of this matter. If you have any questions, feel free to contact me at (239) 252-2497. Attachments 166 1 OFFICE OF THE COLLIER COUNTY ENVIRONMENTAL SERVICES SECTION INTEROFFICE MEMORANDUM TO: Clerk to the Board, Board Minutes and Records FROM: David Anthony, Environmental Services Section DATE: January 23, 2015 RE: Attestation and Recording of Conservation Easement Attached is a Conservation Easement for Grace Sandalwood Village, which has been approved by the Board of County Commissioners. Please attest as usual and hold the original documents until the applicant provides payment for recording. Then forward the packet to the Recording Department. Thank you for your assistance in this matter. Please send me a copy of the receipt via interoffice mail. Please send an email to DavidAnthony @colliergov.net when the easement has been recorded. If you have any questions, feel free to contact me at (239) 252-2497. The following agent will be paying the recording fees: D. Brent Addison, P.E. GradyMinor 3800 Via Del Rey Bonita Springs, FL 34134 239-947-1144 P 239-947-0375 F Attachments Routing Slip Conservation Easement Clerk of Circuit Court's Information Sheet 1 6 1 01 INSTR 5128414 OR 5157 PG 652 RECORDED 5/29/2015 10:09 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA Prepared by: REC $18.50 Michael A.Bedke, Esq. DLA Piper LLP(US) 100 N. Tampa Street Suite 2200 Tampa,FL 33602 CONSERVATION EASEMENT SUBORDINATION THIS CONSERVATION EASEMENT SUBORDINATION is dated this 11641" day of ry r , 2015 by Citizens Bank of Pennsylvania, a state chartered banking institution, ha ng an address at c/o RBS Citizens Real Estate Finance, 852 Leesburg Pike, #405, Vienna, Virginia 22182 (Hereinafter referred to as the "Secured Party"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "County"). WHEREAS, the purpose of this Subordination is to subordinate the Secured Party's security interests that encumber good, marketable title to the Conservation Easement being conveyed to Collier County, which Conservation Easement area is located over, on and/or under the underlying real property that is encumbered by security interests in favor of the Secured Party as specified in the below-listed security instruments; and WHEREAS, the Secured Party is the owner and holder of a Mortgage, Assi Assignment g ent of Leases and Rents and Security Agreement in favor of Citizens Bank of Pennsylvania dated October 13, 2013 and recorded at O.R. Book 4975, Page 3979 et seq., of the Public Records of Collier County(the "Mortgage"). WHEREAS, the Secured Party is the owner and holder of an Assignment of Leases and Rents and Security Agreement in favor of Citizens Bank of Pennsylvania dated October 13, 2013 and recorded at O.R. Book 4975, Page 4000 et seq., of the Public Records of Collier County (the "ALR"). WHEREAS, the Secured Party is the owner and holder of a UCC-1 Financing Statement, in favor of Citizens Bank of Pennsylvania recorded at O.R. Book 4976, Page 1, of the Public Records of Collier County (the "UCC-1"). WHEREAS, each above-referenced security instruments (the Mortgage, ALR and the UCC-1) grants to the Secured Party a security interest that encumbers good and marketable title to the area described in the Conservation Easement, being conveyed to Collier County; and WHEREAS, prerequisite to the conveyance of the Conservation Easement to the County, Collier County requires that the Secured Party must subordinate its security interests in the EAS"x90642755. 16B 11 Conservation Easement being conveyed to the County; and the Secured Party is hereby complying with said requirement for this subordination. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by the Secured Party, the Secured Party hereby subordinates its security interests in the Conservation Easement being conveyed to the County, which Conservation Easement is located over, on and/under the described underlying real property. Except as expressly subordinated herein, the Secured interests of the Secured Party remain in full force and effect. IN WITNESS WHEREOF, the Secured Party has caused this Subordination to be executed the date and year first above written. CITIZENS BANK OF PENNSYLVANIA, a state chartered banking institution, ice,�t By: Print Name: Name: . !` tat-IL Its: v Q P nt Name: e,-. ��,0J STATE OF ',■f 0i r �`a COUNTY OF e--,:t�- (3,y The foregoing instrument was acknowledged before me this I S-��. da of Vebft✓l(�fl , 2015 by ?QC\ Ut� as the S�nin( e t (f if Citizens Bik of Pennsylvania, a state chartered banking institution, on behalf of the bank. I e[She is personally known to me or L..-----has produced a driver's license as identification. Donna J.Wyatt II 4 , _ _ 11E--a - '.,.*,. Commonwealth of Virginia Print Name: ,�W � Notary Public Iwo' , �a • commission No.128'114 Notary Public S ate of L1i( C_- 1 . ! y commission tium 15 Q`/�� a,n4.r M J EAST\90642755.I 163 1 III INSTR 5128415 OR 5157 PG 654 RECORDED 5/29/2015 10:09 AM PAGES 7 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC @.70 $0.70 REC $61.00 THIS INSTRUMENT PREPARED BY& RETURN TO: Michael A. Bedke,Esq. DLA Piper LLP(US) 100 N.Tampa Street Suite 2200 Tampa, FL 33602 PARCEL LD. # 00201000003 SPACE ABOVE THIS LINE FOR RECORDING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this /-4.1‘ day of November, 2014 by CRP/Vanderbilt Sandalwood, L.L.C. (hereinafter "Sandalwood"), as Grantor, whose address is c/o Carlyle Realty, 1001 Pennsylvania Avenue, N.W., Washington, DC 2004, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the "parties." WHEREAS, Sandalwood is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" attached hereto (hereinafter referred to as the "Property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Exhibit"B" (the "Easement Property"). NOW, THEREFORE, Grantor hereby grants a conservation easement to Collier County as follows: 1. Sandalwood, its successors, assigns and/or transferees, hereby grants a non-exclusive easement to Collier County over and across the Easement Property described on Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement on the Easement Property. \SF MI 17974.1 1 168 1 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. Except as set forth herein, the Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 3. Sandalwood, its successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement Property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, the right to engage in uses of the Easement Property including perty that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. EAST`,86147974.1 2 16B 1 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. IN WITNESS WHEREOF, Grantor has executed this Conservation Easement as of the day and year first above written. Sign, sealed and delivered in the presence of: WIT ESSES: _5RP/Vanderbilt-Sandalwood, L.L.C. Prlrlt- • Name: cJ, _ try �/ Print Nam- ��11��;� �,‘., I aI v./ G'i� , .�s�rW/ � Title: � Printed a -: «1�!�� .I W EASL86147974.1 3 16B 1 i STATE OF ) COUNTY OF ) The foregoing instrument was subscribed, sworp and acknowledged beforg me this -1 t4i day of November, 2014, by Ifl is(,4,( LAc•rv- \"�,L , as , �l�u {� .� of CRP/Vanderbilt Sandalwood, L.L.C., and who is [,personally known to me or [ ] who produced as identification. i Q THOMAS H.UCCELLINI / M /f r 11 .t; Notary Public.State of New York r' j�j=-t el _) v ;w Q►aWIMd in Rensselaer County 711 Rep.No.4075990 ti NOTARY PUBLIC �.:"TA My COMM Expires Dec.31,20 ,- f.,ff,` Printed Name: My Commission Expires: Acceptance by Grantee: ATTEST: . BOARD OF COUNTY COMMISSIONERS DWIGHT :,BROCJE, CLERK COLLIER COUNTY, FLORIDA a r1 By: ' All A / :46-- v Attest as�o Q ity n T ' - �nc-Q- , Chairperson signature only. 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N /(r J Q O U II N O) O / W - N r/� ,66.099 3 „l i7,SS.68 S ' AVM-30-1H91d HldON o Ucnwo- N ^ 0 •=0am 'n '`~) m W 0 0 021 HOV3917l92�30NVA U CL W C, 0 l_i F- 0 /O U�� QQ = m V ~Q � 2 8 ' Tn- 0 U - cn O u. v) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. t **NEW** ROUTING SLIP Gi'"ta (� C Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already cJmplete ith the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners \0∎. c / 1.\\\ZS\c 5. Minutes and Records Clerk of Court's Office 1111415 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff David Anthony Phone Number 252-2497 Contact/ Depatttnent Agenda Date Item was 2/23/2010 x/ Agenda Item Number 16B1 Approved by the BCC Type of Document Conservation Easement Number of Original Attached er Documents Attached PO number or account Customer to be notified to pay the C number if document is directly to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? x 2. Does the document need to be sent to another agency for additional signatures? If yes, n/a provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed x by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's x Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the x document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip n/a should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on.:i i3 te, (date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 168 1 OFFICE OF THE COLLIER COUNTY ENVIRONMENTAL SERVICES SECTION INTEROFFICE MEMORANDUM TO: Board of County Commissioners of Collier County FROM: David Anthony, Environmental Services Section DATE: 11/6/2015 RE: Acceptance of Conservation Easement Attached is a Conservation Easement for Countryside Golf & Countryclub. In accordance with Resolution No. 2010-39, approved by the Board of County Commissioners on February 23, 2010, I am requesting that if this Conservation Easement is acceptable, please sign or stamp as to approval of this Conservation Easement, and forward it, along with the attachments, to the Clerk for attestation and recording. Thank you for your consideration of this matter. If you have any questions, feel free to contact me at (239) 252-2497. Attachments 0 B i OFFICE OF THE COLLIER COUNTY ENVIRONMENTAL SERVICES SECTION INTEROFFICE MEMORANDUM TO: Clerk to the Board, Board Minutes and Records FROM: David Anthony, Environmental Services Section DATE: November 6, 2015 RE: Attestation and Recording of Conservation Easement Attached is a Conservation Easement for Countryside Golf & Countryclub, which has been approved by the Board of County Commissioners. Please attest as usual and hold the original documents until the applicant provides payment for recording. Then forward the packet to the Recording Department. Thank you for your assistance in this matter. Please send me a copy of the receipt via interoffice mail. Please send an email to DavidAnthony@icolliergov.net when the easement has been recorded. If you have any questions, feel free to contact me at (239) 252-2497. The following agent will be paying the recording fees: Josh Fruth Davidson Engineering 4365 Radio Rd Naples, FL 34104 239-434-6060 P 239-434-6084 F Attachments Routing Slip Conservation Easement Clerk of Circuit Court's Information Sheet 168 Martha S. Vergara From: Martha S.Vergara Sent: Friday, November 13, 2015 4:59 PM To: Anthony, David Cc: josh @davidsonengineering.com' Subject: Conservation Easement - Countryside Country Club Hello All, The Easement is ready to be recorded,just give me a call when ready to meet me at recording. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara @collierclerk.com 1 16B 1 INSTR 5196125 OR 5214 PG 3408 RECORDED 11/17/2015 9:50 AM PAGES 30 THIS INSTRUMENT PREPARED BY&RETURN TO: DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA NAME: Davidson Engineering, Inc. DOC @.70$0 70 REC$256 50 ADDRESS: 4365 Radio Road,Suite 201 Naples, FL 34104 PARCEL I.D. # SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT �1 THIS CONSERVATION EASEMENT given this day of October 2015 , by [Name of Grantor] Countryside Master Association,Inc. (hereinafter [short name]Countryside Master Association,Inc. ), as Grantor, whose address is [address of Grantor] 600 Countryside Drive,Naples,FL 34104 , to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the "parties." WHEREAS, [Grantor] Countryside Master Association,Inc. is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" [include a Plat Book and Page reference in Exhibit "A"] attached hereto (hereinafter referred to as the "property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind [Grantor] Countryside Master Association, Inc. ; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit"B" (the Easement Property). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. [Grantor] Countryside Master Association,Inc. , its successors, heirs, assigns and/or transferees, hereby grants a non-exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. PG 1 OF 30 Revised 7/28/14 16B 1 - 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. Countryside Master Association, Inc. 3. [Grantor] , its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. Revised 7/28/14 PG 2 OF 30 1613 1 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and delivered in the presence of: WITNESSES: Countryside Master Association, Inc. 1 — I Printed Name: 0 otl II .1 A B. : Printed Name: 'Fr . Anthony Sc:nzillo, President Revised 7/28/14 PG 3 OF 30 16B . STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrument was subscribed, sworn and acknowledged before me this Q20 day of October 2015 by Anthony Scanzillo, as President for Countryside Master Association, Inc., and who is [personally known to me or[ ] provided as identification. � RY ''UBLIC ) rinted- ame: 0,file(i-,/Set 4,4-4°ri lc r// - My Commission Expires: .. ek;-PAMELA BECKER RADCLIFF t* ''i MY COMMISSION*FF126308 `-'.'► EXPIRES June 2, 2018 (407)396-0153 FloridallotaryService.com Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA '"L By ./ 7‘C- Deputy Clerk X ,r,r, h1 a"G , Chairperson Attest as to Chairman's signature only Approved as to form and leg�lity: Assistant County Attorney CP\11-ENS-00442`,4 APPROVED PURSUANT TO RESO. 2010-39 Revised 7/28/14 PG 4 OF 30 16B 1 • Dagostino & Wood ,lnc. Exhibit "A" — Page 1 of 4 OUTLOT "A", COUNTRYSIDE AT BERKSIIIRE LAKES SECTION ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGES 50-52, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. David S. Dagostino, PSM FL Reg. No. 5762 PG 5 OF 30 5415 Jaeger Road,Suite A,Naples,FL 34109 Phone-(239)352-6085 Website:www.dwsurueys.com 1613 1 .,,,ip p 11111 ii 1 �8 1i iIh� 9� '�ig !a i 1 a IS el III 11 IA i q it 4 1i 1 V Si i i v 11 t: i .12 13 li F. 1 1 2 I I II'": O h Z B I \ , .‘ isek‘ z i >,-, - - 5 ) ' '' t t t / Z,y. I � I t t `t t , Q t• , / t ,k., t / i 1 1 ., i,+ ' I A 6 t t / A , t / IA I , t t p � t ., , • / : =. , , ::::: 11:la Ai : i , 7...,:.: ,,..,.: / - . 3 I f, Ill 1233E 322 -rc /i i I i I / 11:1' I I ii �.yy "1 inn tuna=max) _________---- \ s\ I I ______ . , , , 8 T s __. Tn.ma.c•w.•.e C •S.DAGO • atiu CERTIFlEO TO-.DAVIDSON ENGINEERING a. =mutt or w ,a........1 .Ytli�. R IDAGOSRNO&WOOD,INC. =R ' .or vac.nwut m swn.a No I iiwnui iWd�� Pacoima!`'I^eWq 9 MaDPrq ,,...� .`.1`3107 G.40..sm v4 a• ..N 1.,,b .. ,5162~•. °' +�•` 1018th Ava.e PE 1$1e4 R.34120 ',. ura ZZA:0.NP[. _.. _•__. 1 12.,os/+.�' Phone 12391352300S For(2301 332.6005 PG 6 OF 30 168 1 Dagostino & Wood,Inc. Exhibit "A" — Page 3 of 4 TRACT 14 & A PORTION OF TRACT 15, COUNTRYSIDE AT BERKSHIRE LAKES SECTION FOUR, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18, PAGES 1-4, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. David S. Dagostino. PSM FL Reg.No. 5762 PG 7 OF 30 5415 Jaeger Road,Suite A,Naples,FL 34109 Pbone42391352-6085 Website:www.dwsurveys.com 1681 p C ; ii. li ; O•..••t'.•t3Ra0 0•t♦ r., Rg. 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Om CERTIFIED TO MARK ARCHITECTURE AND PLANNING e a wT Mk�nwuT TIE munrc we �� Aiii>i�. 1l,'' Rafeq S9 13107 mwu rra of n•nata —• . ,'''.'n..ixnw t.”" w: nr n TO TIM&vow 1E TURRI,R.31320 Ivre - tx>t�3un�w uo t.r.rA �"'0 o2yn( Row 211013514005 Frr(2341353403S PG 8 OF 30 • 168 1 Description EXHIBIT B Subject Parcel Description: A portion of Countryside at Berkshire Lakes as shown in Plat Book 14,Page(s)78-80,Collier County,Florida, more particularly described as follows: Commencing at the Northwest corner of Lot 19,Block A, Subdivision of Countryside at Berkshire Lakes,Plat Book 14,Page(s)78-80,Collier County,Florida;Thence,along the north line of said subdivision,run S 89°44'07"E a distance of 767.36 feet to the Point of Beginning;thence run the following seven(7)courses; 1.) along said North Line S 89°44'07"E a distance of 455.64 feet;2.)leaving said North Line S 00°35'27"W a distance of 9.77 feet;3.)S 89°44'07"E a distance of 20.53 feet to a point of curvature of a curve,concave to the southwest,having a radius of 16.99 feet,a central angle of 78°40'47",a chord bearing of S 45°14'58"E,a chord distance of 21.54 feet;4.)along the arc of said curve to the right for 23.33 feet;5.)S 00°35'19"W a distance of 114.23 feet;6.)N 76°06'56"W a distance of 505.04 feet; 7.)N 00°15'53"E a distance of 20.16 feet to a point intersecting the North line of said subdivision and the Point of Beginning, Said Parcel contains 38,725 square feet or 0.89 acres more or less. PG 9 OF 30 Subject Parcel THIS IS NOT A SURVEY A Tract of Land Lying in Countryside at PARCEL 1 Berkshire Lakes, Lying in Section 5, Township 50 South, Range 26 East I herby comfy thu*m the best of my knowledge and Whet,the sketch sod dewxiptm represented h=ero.mode under my direct==assnanas STOUTRAM E R M�M15 is m—cmdance with Mm®m Technical Standerb.set ;c5; 5M by the Plaids Beard of PmSeni=nl Surveyors a Mappers in Chapter PROFS• ,,,s., 5J-17,F7�Ad�inomne Cade,pursuant m Swam rn.on Florids Page 1 of 2 ORS CERTIFICATE OF AUTHORIZATION:LB7922 I PREPARED FOR:DAVIDSON ENGINEERDIG 324 Nicholas Parkway West,Suite F,Cape Coral,FL 33991 mmi,, swum 00.The Fool) Phone:(239)673-9541 Fax:(239)424-8181 na •rrESSIot s POWER caste, NI:Tr VALID WITHOUT SECTIONS 5,TOWNSHIP 505,RANGE 26E Www.ecistuvey.COm sit e n w iO we THE MOM.v»�t v nay • \ R 1-'`-'1- 6, „, -, 168 1 . . Q 2 2i). G 8 7° IOgigl.< iigolli a �° V ? A 5REm y p$ rn P5! O .?i i L3 IC1177 R'a VVVaJJJ RrI 8z V) {A i s CO 51iGOy O F O Z n Bib tai z � � IP rn m . o N ooP ° a � � �� Lq °^ -�i m CA All mN 161 ii+ KW ��. r i N 1 1 co I1:1.. • [71�� " W I�+ � � m V A , ‘ ‘, s ' r\ .? 44'm ', ',' D o ot N F+ N S 00°35'19" W 114.23' �� rn N Ili! A m1 . R zn Oy t.-ii C1l pc- c>lii t' fie. YEW �°' z igli 0..I. .W1 het rn" B [II 9 iti 1 wy�ptl, �� )JA s. 4 iv ,<MI Ili I t ii if ft K N a 0 ,� g., �j I O.kIll ! PG 10 0F30 • • 168 1 • Description EXHIBIT B Subject Parcel Description: A portion of Countryside at Berkshire Lakes as shown in Plat Book 14,Page(s)78-80,Collier County,Florida, more particularly described as follows: Commencing at the Northwest corner of Lot 19,Block A, Subdivision of Countryside at Berkshire Lakes,Plat Book 14, Page(s)78-80,Collier County,Florida;Thence S 00°58'21"E along the West Line of said Subdivision a distance of 1092.44 feet;thence leaving said line run the perpendicular bearing of N 89°01'39"E a distance of 2152.18 feet to the Point of Beginning;thence run the following nine(9)courses; 1.)N 29°38'00"E a distance of 19.70 feet;2.) S 85°42'46"E a distance of 37.51 feet;3.)S 74°08'05"E a distance of 82.12 feet;4.)S 77°21'26"E a distance of 50.27 feet;5.)S 43°08'30"E a distance of 27.11 feet; 6.)S 04°06'38"W a distance of 28.67 feet;7.)S 05°11'59"W a distance of 24.18 feet; 8.)S 31°09'07"W a distance of 14.08 feet;9.)N 60°22'00"W a distance of 209.61 feet to the Point of Beginning: Said Parcel contains 10,145 square feet or 0.23 acres more or less. PG 11 OF 30 Subject Parcel THIS IS NOT A SURVEY A Tract of Land Lying in Countryside at PARCEL 2 Berkshire Lakes, Lying in Section 5, Township 50 South, Range 26 East I hereby ee.vfy Ian,to the boo army]muwhdge and behof.the.bto h and dew:rani=rewarmed boson,made Inds my dimaiion on ZEPTIMER STOUTre iaa►2na is m accmdmce with Minim®Technic.]Standards r W RAM E R Esth by the Fmd.Band of Profemional Surrey®&Skippers in Cher Page 1 of 2 , Fmd.,�s a Code, to sew 472.027 Florid. PROFESSI mo 3� Parcel 2 CERTIFICATE OF AUTHORIZATION:LB7922 324 Nicholas Parkway West,Suite F,Cape Coral,FL 33991 PREPARED Phone:(239)673 9541 Fax:(239)424 8181 s «wpm SECTIONS 5,TOWNSHIP 5l ,RANGE 26E www.scisurvey.com LJ VALID stein NNOO MO TIE ORIGINAL RAZED s OF FLORIDA • 4 16B 1 to „N ,y Eigigigrg o ° o aun Isam 4\n °y . z ,t+.Z60T n r 0 � ° 3 �TZ8So00S z� O� z co n*0.1c) G 4., -.. m ,--I - u 'P'5_Uz w n o G G S► G rn m o Q 7rno TM ni" Vi n; z cn cn v1 cn cn v) v1 z � ! ggN .+f o � � ��� 4 3� mu P"' r y o 4 4 rn1 � 8 rn rn m m rn Z2Q 2 o Ao,' o y 000 il'i rn ha Pi pNp r N N N t�1 00 W r X Aj �O 11 OD V O N V 10 = CD r � ooyiz �+ in r+ N r in =I W 1� r_ yN � � r P. w -o g .., rt V Ew .zz r+ a D ? r* Hdah P N D EJl 0 X ppV II n A wo m 0 <1 b t,, L11 L10 i'll in g ,.. A N P z� , t,,,, c„ wi;i!;111 v fi 6' Ii d!* $ .Ii z a cz 0. 0 Cll;ril V 81 11 I i I ji 'ut ; r i. A S. e9, as 4. ii,r ,,, ,,,PG 12 OF 30 a • • 1681 • Description EXHIBIT B Subject Parcel Description: A portion of Countryside at Berkshire Lakes as shown in Plat Book 14,Page(s)78-80,Collier County,Florida, more particularly described as follows: Commencing at the Northwest corner of Lot 19,Block A,Subdivision of Countryside at Berkshire Lakes,Plat Book 14, Page 80,Collier County,Florida;Thence S 00°58'21"E along the West Line of said Subdivision a distance of 1372.40 feet;thence leaving said line run the perpendicular bearing of N 89°01'39"E a distance of 10.10 feet to the Point of Beginning;thence run the following seventeen(17)courses; 1.)S 75°04'34"E a distance of 81.35 feet;2.)S 75°04'25" E a distance of 91.46 feet;3.)S 75°04'03"E a distance of 60.86 feet;4.)S 75°04'38"E a distance of 59.63 feet;5.) S 69°23'41"E a distance of 58.95 feet;6.)S 69°23'50"E a distance of 75.18 feet; 7.)S 37°27'41"W a distance of 169.49 feet; 8.)S 36°35'10" W a distance of 22.68 feet; 9.)S 35°22'07"W a distance of 15.73 feet; 10.) S 34°22'20"W a distance of 15.69 feet; 11.)S 33°22'38"W a distance of 15.77 feet; 12.)S 32°08'58"W a distance of 22.77 feet; 13.)N 60°02'16"W a distance of 139.45 feet; 14.)S 28°58'12"W a distance of 115.40 feet; 15.) S 28°58'23"W a distance of 6821 feet; 16.)S 28°58'31"W a distance of 73.31 feet; 17.)N 00°58'36"W a distance of 488.92 feet to the Point of Beginning: Said Parcel contains 96,811 square feet or 222 acres more or less. PG 13 OF 30 Subject Parcel THIS IS NOT A SURVEY A Tract of Land Lying in Countryside at PARCEL 3 Berkshire Lakes, Lying in Section 5, Township 50 South, Range 26 East I hereby certify that,to the but of my i nowledge sad belief.the lamb and descriptian STOUT it! my Standards' m sat '?. RAM E R forth by the Florida Florid Bawd of Pmfaim l SSmaym k Mappers in Chop= 5J-17.Florida Admi.--'c Code,women to Section 472.027 Florida Page 1 of 3 ORS swim CERTIFICATE OF AUTHORIZATION:LB7922 324 Nicholas Parkway West,Suite F,Cape Coral,FL 33991 - minim moo PREPARED FOR:DAVIDSON ENGINEERING Phone:(239)673-9541 Fax:(239)424-8181 RntODA ritorencow.smE'Q 111 WPM 10�+ SECTIONS 5,TOWNSHIP 505,RANGE 26E www.sciaurvty.com �® AND � '� ��" • 168 4 U AWN - V1 od <,,„m 0,6 40,,,, ., ,,,, (,,,,$g `;',. ' wo Ild "o o y to y p0 8-8 CO o y o ,0b'ZL£T r" il 3 „TZ,8So00 S n z o in o — aun aM /\/ Z ,Z613$V- M-„9£.85000 N - % coo r t rA -Di ^ p gA 5- r� Of X V�1r 5 * g.1JP$ . I 4 =1 co oat- v as -A- r- ,.... co 4o — i <C),1 C. Ni 0 — 0 W iii M4""'t- It'll ,., 4.. ill. A y to 'y tg � 4 F; E - 1 g I 11!5 :, .,'''''-'''' 0 i i ..., .i 1 i t — Uf s M ill 9 . , co 14 I 'l 1.Z 11111 ' •"� V oci 4 .. .,y (/1 i ti • Rqn , � A S. r qty RI 8ii It quilf '411 ii 2 EipA bEll w i:, fli O. 11:_rillit 41 PG14OF30 • . 4 1681 to p S...t-. :-t4 ° S* 8oig .< g E E r I::: la Ir: <E ,gm ° o k0 o0Vrn � a %.0 3Vrnu, A�o> 1 °<,E2-y F (n (n VI z (n v1 VI v1 VI (n VI VI cn U) U) VI 2y N co"' N g W W {� W `Si W �0i �C V V V V 00 o0 O N W ? V1 V b b irl U7 (J1 (Ji o 0 0 G 0 0 0 0 0 6 0 0 0 0 vil z 8O8 ° � iNNWyN o w x R W W OW N a a Q1 1 NI a a � 1 2 a � 0 Q. * * * * * * * * * * rnrnrnrnrnrn ° Yoe o 0tea) 8° d4 E ti itOO O WODV1 (WDNV~1J1 tr, N (SO ,uv, ,8438 � a' f ;d . ".`-1 .1'4. it it ' % . E;j3 ttElii y • i aun IsaM i _ _ _ _ _ _ _ _. Z 8$b M u9£.85000"N pc f R /� N_0, m V1 �i.+ 31 _ 'T'r �gRn1 00 0 zr "m rn i a- K cg • <26 0 W ill/ R N y 4.j> 'y ^ 7 U) 1!, 6. Zr O a �i � 1[111� g'� ?p„ n (gyp RI d.9 1 y a Igi /ti.. i ig-x11 4'E � 011;, 0. O iy0. n•'- Z er i 1 1 I w 0 ,<. a 5 1 $ { pp iggli I CA R 4pQQp pt 9��„'A y� r jp pq ^� r, �' ifi N Z I [�7 f0� QO O ""' d :ii I 1 .1111 c...) rn k ti CO : r - Z;qq 7v w a a.Y- 4. C w{i 117 O 07. �'' at 0. 0 II PG 15 OF 30 Q • • 1681• • Description EXHIBIT B Subject Parcel Description: A portion of Countryside at Berkshire Lakes as shown in Plat Book 14,Page(s)78-80, Collier County,Florida, more particularly described as follows: Commencing at the Northwest corner of Lot 19,Block A,Subdivision of Countryside at Berkshire Lakes,Plat Book 14, Page 80,Collier County,Florida;Thence S 00°5871"E along the West Line of said Subdivision a distance of 1839.88 feet;thence leaving said line run the perpendicular bearing of N 89°01'39"E a distance of 1493.40 feet to the Point of Beginning;thence run the following thirteen(13)courses; 1.)N 19°20'56"E a distance of 49.35 feet;2.)S 63°01'09"E a distance of 40.67 feet; 3.)N 88°24'28"E a distance of 25.65 feet;4.)S 37°14'31"E a distance of 28.17 feet;5.)S 17°3029"E a distance of 36.73 feet; 6.)N 70°49'11"E a distance of 16.73 feet;7.)S 17°16'40"E a distance of 46.95 feet; 8.)S 13°37'09"W a distance of 34.41 feet;9.)S 77°12'33"W a distance of 33.29 feet; 10.)N 86°11'50"W a distance of 40.12 feet; 11.)S 71°52'21"W a distance of 43.77 feet; 12.)N 07°20'05"W a distance of 87.16 feet; 13.)N 04°44'25"W a distance of 33.41 feet to the Point of Beginning: Said Parcel contains 15,592 square feet or 0.36 acres more or less. PG 16 OF 30 Subject Parcel THIS IS NOT A SURVEY A Tract of Land Lying in Countryside at PARCEL 4 Berkshire Lakes, Lying in Section 5, Township 50 South, Range 26 East I hereby cmtify the,to the best of my knowledge end belief.the.ketch end deeriptim tepeeemed h®e,made ender my d'extem m ZEPT<!INS STOUTil RAMER & `per 31-17,Florida Administodive Code,pureuant to Section 472.027 Florida Page 1 of 2 ' r"" ORS stout. CERTIFICATE OF AUTHORIZATION:L87922 `• PREPARED FoR:DAVIDSON exatee i 324 Nicholas PhonePa(r2k3w6 73-We95Fe ax F(2C3a9e 4 C24 ol1,8FL 1 33991 "atm.t4tonr�.soo wa r a nom a ,w�t,nssa, SECTIONS 5.TOWNSHIP NOT% WITHOUT n[9GNATUENCTM .�lwv®sr 'Aaatnv SUS,RANGE www.scismvey.com LIMED eureetwo AND MAPPER • 1 6B •1 U ,,...,,J „ , ,88'6681 o8oggg °'.< 3NI11S3M 3uIZI8So00S ion io S -, ' O z q044 �°y - r r z 3 n O �gog W N r N 00 V O► IA A W N 0 z W tP)5 "2 it O o o U o z z in z cn cn v) z v) cn z to z m D .i co IlMi F41 2 '1 3'j 1 ti "'g cli^d i O N r N W 5 it O r0 p `$W og 6841 N u9 F-- W pNp tP ill : : : mIIIImI o 8 W ■V W t W A G► O► T Vo DI 8 8 ill g y .t o± .i n Al Dt u] i cy y c°ii1 y � x CA 64 EA ^m a, eD mr A 6171 ZVI �1 r tiC- cu z •' "N > w g” i tA \c . I oho II A, X38 ow 0 N i 1 i 1 iiiii IP r iftui g h OO' A+ Q CAD co $, thU IN 0. 9 2 0. flu ! ii ti , � , O.-3 ma . y o E. .r.- NI ro , �E.1. N z R3 4 4s• o _ G R if q . 8 f t p... 111 '< s, ti co w� LA1 0 C. I c0. p PG 17 OF A 30 • 163 Description EXHIBIT B Subject Parcel Description: A portion of Countryside at Berkshire Lakes as shown in Plat Book 14,Page(s)78-80,Collier County,Florida, more particularly described as follows: Commencing at the Northwest corner of Lot 19,Block A, Subdivision of Countryside at Berkshire Lakes,Plat Book 14, Page(s)78-80,Collier County,Florida;Thence S 00°58'21"E along the West Line of said Subdivision a distance of 2101.50 feet;thence leaving said line run the perpendicular bearing of N 89°01'39"E a distance of 2158.74 feet to the Point of Beginning;thence run the following twenty(20)courses; 1.)S 77°17'08"E a distance of 11.55 feet;2.) S 78°56'46"E a distance of 41.85 feet;3.)N 67°34'04"E a distance of 43.11 feet; 4.)N 03°03'24"W a distance of 75.30 feet;5.)N 27°51'46"E a distance of 64.33 feet; 6.)N 55°49'16"E a distance of 46.03 feet;7.)N 12°04'05"E a distance of 38.02; 8.) S 74°41'49"E a distance of 39.83 feet;9.)S 13°05'30"W a distance of 63.78 feet; 10.) S 39°56'23"W a distance of 40.65 feet; 11.)S 47°13'49"W a distance of 43.24 feet; 12.)S 02°14'01"W a distance of 31.93 feet; 13.)S O1°31'22"E a distance of 36.00 feet; 14.) S 15°55'17"E a distance of 36.55 feet; 15.)S 23°10'51"W a distance of 45.95 feet; 16.)N 78°23'32"W a distance of 54.08 feet; 17.)N 80°19'01"W a distance of 37.41 feet; 18.) S 89°59'33"W a distance of 26.19 feet; 19.)N 13°07'22"W a distance of 41.57 feet;20.)N 09°49'22"E a distance of 20.09 to feet to the Point of Beginning: Said Parcel contains 18,462 square feet or 0.42 acres more or less. PG 18 OF 30 Subject Parcel THIS IS NOT A SURVEY A Tract of Land Lying in Countryside at PARCEL 5 Berkshire Lakes, Lying in Section 5, Township 50 South, Range 26 East 1 heeebY orttify dm,to the best of my knowledge end belief the.ketch and dsmpum teptserord hereon,made wider my direction®wears STOUT id' C R SMI�i1S i in accordance with Minimum Technical S�dab s set G forth by the Florida Boord of Rofrsimel Ssvryon t Mappers in(3yer 57-17.Florida Ad®mtive Code.p®wa m Sees=472.077 Florid. Page 1 of 3 PR • ' ORS Stoners. CI:1tTIFICATE OF AUTHORIZATION:L137922 - 324 Nicholas Parkway West,Suite F,Cape Coral,FL 33991 PREPARED PM OAV/14°N ENGINEERING Phone:(239)673-9541 Fax:(239)424-8161 sw om•wvret w�. SECTIONS 5,TOWNSHIP NCR VM. wft ellfr RE Snw' am THE nucoau M SEAL OF A"ate 505,RANGE 26E www.scisul vey.com =MED sae PAD WPM 4 1 b El 1 O a� H v a z y 0 3Nn 1S3M OSTOTZ°' . 0 \8 (5 z qgo M2 mx ,_,uvr g, 8 RP 1";" 0 2. Q g g E qmi 01 m w,2 y D va O 1ii rn .1,i Fq 0 z i z co NJ up �' m g a V W 8 m v, a 41t 0 61r�X 1;1 i rn i _ r X q Era CD ,i - .i- d3 _ W O c Jb 1 % Lbl G n - - 0 f z 95l �5 � i b CO aI N O W i 1 i 1 ifjoll g ,... N 9 I 't' 1[i ' w Q z o hit! . i3 6!III �, a*.s1 E,-;" w o Q n ahl g f 4 ;1111 1 g ; ifti '" - e ›. . -.-"' R. ..?..-k cm po 3 Iisri i-e.r, ; rul r--.0q .5 k< :11 I gl [11 x R w R trj O vi Q. Q p O• . PG 19 OF 30 A • • 4 , AWN "V] 168 . 1 I8;iigggl < ".ZgMl° F) 4i14 y° W N QF1 § t0 OD V Q� V, R W N P. O cO OD V ii V1 ri E i82U zzpz �O(AzzZVNt � v) cn CAU1CACn zzzZZVICA v,� z 3 W o w o pp b 'C.; a N N w O 3 c 0 U1 ,... f' U1 w r H+ 0 .A C C „NJ p y tb y uo to (A' o cn it 4 w CA vl r 4 � ,�.: w 02 p1 t`^ O 26s, [V [V w O W' ut N O 4 N O c5 O 4 $ *1 8 W a a W i ^I i a a S �a a a a a a a a a w pl m * * g g * m m * * * * m m rn m . m m m 0 bc'.1c,), te,,,._ 41 m!, n Q UI 1 til J Q 'el U3 Y t 0 N� 03 V 0 O O O W W W i-+ OD Ul..; dii A- A m X 2 F. co 2 2 Z Z rnrn is0 OW ,.r ru Cu ti il r N �J 2 �. g v II A 0 w 0 w 1111 ill. . 1 w A IP 1111 o ct "t `I tz Pr 2 ' i 1 11 ! 9 ilF 0 g ig i 1 ,?Er i- ,.-sgi [...9 . 7, , Ilig :1:', lEil: 1 . 11*.i), - iiiv ig N log.1',4 --- -I z - '.t. 12, 5 mil i eciiii 59 Pri 1 .14 0 1 V `.1P415 -1 CA 1p I I 41 .i i ;-.- M ,. ,-," i w Ri tli o y O. �t 11 j a p PG 20 OF 30 • 168J Description EXHIBIT B Subject Parcel Description: A portion of Countryside at Berkshire Lakes as shown in Plat Book 14,Page(s)50-52,Collier County,Florida, more particularly described as follows: Commencing at the Northwest corner of Lot 19,Block A,Subdivision of Countryside at Berkshire Lakes,Plat Book 14, Page(s)50-52,Collier County,Florida;Thence S 00°58'21"E along the West Line of said Subdivision a distance of 3616.80 feet;thence leaving said line run the perpendicular bearing of N 89°01'39"E a distance of 2287.48 feet to the Point of Beginning;thence run the following eighteen(18)courses; 1.)N 35°30'51"E a distance of 27.40 feet;2.)S 48°11'37"E a distance of 19.84 feet;3.)N 39°2376"E a distance of 14.26 feet;4.)S 76°07'46"E a distance of 14.95 feet;5.)N 17°41'42"E a distance of 24.28 feet;6.)S 81°14'19"E a distance of 20.98 feet; 7.)S 13°36'20"E a distance of 16.52 feet; 8.)S 28°33'14"E a distance of 24.26 feet;9.)N 25°20'44"E a distance of 69.69 feet; 10.)S 59°11'05"E a distance of 27.48 feet; 11.) S 55°59'57"E a distance of 27.50 feet; 12.)S 33°52'06"E a distance of 16.42 feet; 13.)S 29°29'53"W a distance of 32.74 feet; 14.)S 84°19'06"W a distance of 40.18 feet; 15.)S 77°16'08"W a distance of 40.49 feet; 16.)N 31°33'00"W a distance of 20.23 feet; 17.)S 76°57'53"W a distance of 54.89 feet; 18.) N 53°20'07"W a distance of 29.40 feet to the Point of Beginning: Said Parcel contains 7,448 square feet or 0.17 acres more or less. PG 21 OF 30 Subject Parcel THIS IS NOT A SURVEY A Tract of Land Lying in Countryside at PARCEL 6 Berkshire Lakes, Lying in Section 5, Township 50 South, Range 26 East I tweby ctetify dot,to the best of my knowledge old bdid,the.kowb and STOUT RAM E R tapwed he non male wider my dustim®asrsake �lribFotda Board of l t h •" lam" •• SLI�7,Florida Admineor weve Co Code,pawn to Section 472.027 Florida Page 1 of 2 • CERTIFICATE OF AUTHORIZATION:LB7922 ' 324 Nicholas Parkway West,Suite F,Cape Coral,FL 33991 ma on, „,„„„ ENGINEERING Phone:(239)673-9541 Fu:(239)424-8181 "am%tvtoRSISIONAL SURIkfara ratnet ICT VALID WIT OUr TIE SOMTIIE AND TIE t71 GIML G®NIL OF A FILM= SECTIONS 5,TOWNSHIP 50S,RANGE 26E www.scisurvey.com tmSED SURVEYOR war WWI • • • 16B . A,.,N ;"Vl ("' 108'919£ 18 o v i g K' 3N111S3M 3 „iZ,8So00 S p � �r 3 0 o 0 PH Mz vi o - 4 O M m m D po p 2 iN N -1 il co !ii ill LA.) C 0 Fn 0 /1 c'.4 ' o� P I,, h8 R Z co CA ii m ` 1 ° �� 0 `66. 0,/ _, c°1 ii d , . /.68 I.+ 13, P. § 5551?;4555 `, § ilgt, i ' i — o, 6�� tn u Zu, ZNV1CA (ANNZV1V1V1ZV1ZVfZ a- q � t � `oN 'i v ,1 oW , th o c 0 �N�yy 0 o 0 0p1 0 O W O1 6C 10 V1 VI 1+ N W W p N 1 01 ~ N 10 ti O W y W t. O d a A N : ut ��� * * * * * * M m m m m m m m m m m m h? W O N N $ .tiA O7i O .tiA - . % V • b ets N N c•P 1411 4 6 N A N9 y � F2 !fll M M i Q Ct 8. .11 r4 NIA O C ;a1P 1C �. co Alli 4. 111P1 1 l ' ''il - 41„ z ri... ,,,,tm (:)t-4 it r t..)› lg. P ...fp/� . H. 1!11 I 'ig i pQ^�^h ~ `C Q9 b �2 B fw n r @ t0 A�Q• ^�•-V g • t0 x "< r, co aK (dpi a Itik :1/ I q ia � rn (D ~ t=i o c. �,1 11 t li Ii' N 0. p �J, y PG220F30 Q 168 . 1 Description EXHIBIT B Subject Parcel Description: A portion of Countryside at Berkshire Lakes as shown in Plat Book 14,Page(s)50-52,Collier County,Florida, more particularly described as follows: Commencing at the Northwest corner of Lot 19,Block A, Subdivision of Countryside at Berkshire Lakes,Plat Book 14, Page(S)50-52,Collier County,Florida;Thence S 00°5871"E along the West Line of said Subdivision a distance of 4006.76 feet;thence leaving said line run the perpendicular bearing of N 89°01'39"E a distance of 997.21 feet to the Point of Beginning;thence run the following foury-five(45)courses; 1.)N 06°0372"E a distance of 12.04 feet;2.)N 25°34'47"E a distance of 30.11 feet; 3.)N 45°02'42"E a distance of 49.92 feet;4.)N 73°26'30"E a distance of 32.71 feet;5.)N 54°04'58"E a distance of 37.90 feet;6.)N 67°36'21"E a distance of 23.85 feet;7.)N 39°21'46"E a distance of 31.72 feet; 8.)N 25°38'52"E a distance of 41.11 feet;9.)N 00°00'00"W a distance of 17.08 feet; 10.)N 44°02'42"E a distance of 28.32 feet; 11.)N 71°33'34"E a distance of 24.91 feet; 12.)N 90°00'00"E a distance of 28.22 feet; 13.) N 50°01'40"E a distance of 31.69 feet; 14.)N 50°01'40"E a distance of 22.77 feet; 15.)N 00°00'00"W a distance of 15.58 feet; 16.)N 63°05'12"E a distance of 29.01 feet; 17.)S 48°15'16"E a distance of 32.55 feet; 18.)N 90°00'00"E a distance of 19.03 feet; 19.)N 67°44'09"E a distance of 31.20 feet;20.)N 41°37'06"E a distance of 23.72 feet;21.) N 90°00'00"E a distance of 41.35 feet;22.)N 26°33'17"E a distance of 23.49 feet;23.)N 00°00'00"W a distance of 26.93 feet;24.)N 78°28'48"E a distance of 29.89 feet;25.)S 57°00'00"E a distance of 15.44 feet;26.)S 35°05'07"E a distance of 17.88 feet;27.)S 00°00'00"E a distance of 22.99 feet;28.)S 39°47'29"W a distance of 20.51 feet;29.) S 58°04'38"W a distance of 40.98 feet;30.)S 70°33'12"W a distance of 35.50 feet; 31.)S 60°07'42"W a distance of 40.87 feet;32.)S 48°58'21"W a distance of 40.02 feet;33.)S 68°23'35"W a distance of 33.88 feet;34.)S 68°23'35"W a distance of 26.33 feet;35.)S 45°25'31"W a distance of 28.29 feet;36.)S 70°0873"W a distance of 25.12 feet;37.) S 70°0873"W a distance of 21.70 feet;38.)S 42°49'50"W a distance of 23.08 feet; 39.)S 42°49'50"W a distance of 26.98 feet;40.)S 46°05'47"W a distance of 50.92 feet;41.)S 60°25'32"W a distance of 45.78 feet;42.)S 54°06'39"W a distance of 46.80 feet;43.)S 57°3577"W a distance of 50.51 feet;44.)S 76°59'26"W a distance of 31.34 feet;45.) N 58°56'17"W a distance of 16.63 feet to the Point of Beginning: Said Parcel contains 34,812 square feet or 0.80 acres more or less. PG 23 OF 30 Subject Parcel THLS IS NOT A SURVEY A Tract of Land Lying in Countryside at PARCEL Berkshire Lakes, Lying in Section 5, Township 50 South, Range 26 East I hereby certify this,to the bon of my knowledge mod belief,the.ketch and STOUTRAM E R deeorgtdm rein in ec o beam,meals under my Technical direction to >ids aw 1Mt<!3S u m rr$dms with Minimum TaeLmal Somdade r set .teal forth by the Florida Band of Professional Surveyors t Meppere to CImptis e;. r-7- s •• 5J-17,S anFlorda Ad®�uve Code,panttis't to Section 4720 7 Florida Page 1 of 4 . CERTIFICATE OF AUTHORIZATION:L87922 ISWUM Nicholas Parkway West,Suite F,Cape Coral,FL 33991 D.SOI (FORTE PREPARED FOR:DAVIOSON ENG1N Phone:(239)673-9541 Fax:(239)424-8181 a°tm �a eve ae a etnvet tn� NOT VELE)WOW'SECTIONS 5,TOWNSHIP 50S,RANGE 26E www.scisurvey.com son Pow SIGNATURE~o TIE at�cwr�a�� v t • • 4 168 1 !^ . :1.$0N h x0 0 g 9< i 9 E i Z 3NI1 1S]M y ,9L'9001' 41. qg o 1 3 uIZi8Se00 S 8 -� p'-' il)1 M 0 O h mQ� � � .:-..,7, o 2. 3 �i o 8$b &) D� XS° 1 n z 0 �trG rol to tp � M; � rn � m x CA , H _ PII 6'0 C p pj NJ it co eD i 182 .7t. ap- pi 483 r. I) ca Jr A J i'@ - a w y0 l4 NI o-, i. MATCH-LINE A !.,,,,{ W /� g 1;1 g 1 i $ W x y � 4•P 11:41 c n coo b g �j O �� e' a S co lit ..... gy. 0 i a. 1,,' )*** gm l'Ail -, 14{115 -., 0 �o lam,`-• G„gilt! lig lr!10 nil't m 1 a , ,.... . `;• '4b1 Ili i. A $j 3 y .. oq .b o r�. d a o` n . B' r0 'A f IN) ..1 O tii 1k. .3 I PG 24 OF 30 p 16131 ., MATCH LINE 3Ni1 H�1dW 489 L90 <9r �r ,� X !.. A W N ^'Vl siz8iggg.,1,4, g: =1 '650yll y0 j'l9 w i w°> (9,r06g '1... tit cc to M CA itIM CO Ads'° s A CD o� L96 zr i(g. Fi e., w .,, - .„ ob, 6. ttEp (o X 9 i 1 n r n'-i:.' 71 i s Z 01 i < A i , pi <f e ,,) MATCH LINE 3N11 H YW !r a II i - C3010"O"-- O <f V aka w 0 4. i P1 N, ,, „, ,,p s O �t o 7i' I .. j O t0 O „�i u) ?ia :@@ q t • ;-it x y O o O � - li. 1 % eroir `z 18g13 I 11141 P ..r, V ; c,) -, ,„ Js• -.. a 111 1.t Hilt p -,U;q xl Ti A Ch 6..1. b 6 w R tt7 O. PG 25 OF 30 f. . , , , , 168k ! `r$ {,3 MATCH UNE . 5NFI H;LVN 1101 II DD j co <f r1 r I O N t- zzzzzzzzzzzzzzzz '' �I03 L104 w 0it OINS i 14 wN C1 rnX, N $ N O N na m * mmmmm mrnmmmrnrnrn rr < b 3. r+ '. V b��fff ^ Xi 1Nv °C.); (� W 1v N �v r ? W N W W r _ A t0 .! i r+ OD A OD V �+ r W V N ' N 8011 x !x = Co -1 V1 ,P-$..!,J r w W G p G NG NG G G G G G G G G G G G G pG pG G pG G pG G G G pG g g ee ��^J v to W N r O ,O co V O, to W N r O 8 8 OV 8 tail T W N O p�d , . E gin" O O Z V1 V1 V1 N N V1 V1 U) to to LA Uf U) Uf Vf Uf Vf V) U1 U1 2 Z Z 2 z Z 2 V1 5'sip 660 c VICAT § AqIII § ii5 ,1A1 § 4q1011 § 4! Cl § i i‘c.).1,-,.(-:)1 R ** * * * ** * * * * * ** * * * mrnrn11 rnmmmmrn P5 x C O y m r UP G ntn 8V1 O .„, o 0 -0 -a;1►O' W O 0 A O 0N 1 N 0 N W 8 $ tW $ N N V r r tN p fJa W W r tr 0 W O M a^y 4Ct � i t � 4N4 4r N 4 W l Eli O D l atJ� 4a4t ° iD Wt 'di IQ C l tli � try 0 X0 n 0°° did A o .. .A � i!ii itql „, P K� o - Q w 191; 9 o o o i ti ! .- Ci t--414 cA ,iiii ts 1 1 l'oil ; h5" 4i1 ,-,. ..,- z oily cr 0 @A.1 V ifili u, ^. - - `C g i er., i igi N. 1.1 a a N x ► 7 e i• ‘°ti, `. d� ir p p % A t iili: w o 4.5.„,,� a. w . O I PG260F30 a 4 • • 16b41 Description EXHIBIT B Subject Parcel Description: A portion of Countryside at Berkshire Lakes as shown in Plat Book 14,Page(s)50-52,Collier County,Florida, more particularly described as follows: Commencing at the Northwest corner of Lot 19,Block A, Subdivision of Countryside at Berkshire Lakes,Plat Book 14, Page(S)50-52,Collier County,Florida;Thence S 00°5821"E along the West Line of said Subdivision a distance of 4388.75 feet;thence leaving said line run the perpendicular bearing of N 89°01'39"E a distance of 1158.80 feet to the Point of Beginning;thence run the following twenty-one(21)courses; 1.)N 03°23'01"E a distance of 11.47 feet;2.)N 25°56'03"E a distance of 7.12 feet;3.)S 61°30'24"E a distance of 19.13 feet;4.)N 38°08'03"E a distance of 14.07 feet;5.)N 08°36'57"E a distance of 11.44 feet;6.)N 74°00'33"E a distance of 12.81 feet;7.)S 73°46'27"E a distance of 17.93 feet;8.)N 40°10150"E a distance of 26.11 feet;9.)N 83°27'48"E a distance of 44.71 feet; 10.)S 86°37'41"E a distance of 12.73 feet; 11.)N 50°37'14"E a distance of 11.56 feet; 12.)N 78°39'51"E a distance of 41.28 feet; 13.)S 71°49'13"E a distance of 35.52 feet; 14.)S 27°01'18"E a distance of 37.32 feet; 15.)S 39°3628"W a distance of 39.03 feet; 16.)S 77°06'00"W a distance of 27.05 feet; 17.)S 28°4628"W a distance of 5.81 feet; 18.)S 72°15'18"W a distance of 106.30 feet; 19.)N 72°0420"W a distance of 24.86 feet;20.)N 53°29'18"W a distance of 33.13 feet;21.) N 53°52'33"W a distance of 35.98 feet to the Point of Beginning: Said Parcel contains 16,560 square feet or 038 acres more or less. PG 27 OF 30 Subject Parcel THIS IS NOT A SURVEY A Tract of Land Lying in Countryside at PARCEL 8 Berkshire Lakes, Lying in Section 5, Township 50 South, Range 26 East hmeby omtify 164 to the bat of my knowledge and belief,the skarn and decried=repmeeomd hoem made andermy dn:mien on aers�et STO111111,2113 is m aorta with Minimum Tectmiml Sodnds m K RAM ER R forth by the Florida Braid of Pm6aaimol Survey=&Mappeta in Chyme .- SRS 52-17,Florida Ad®istotive Cade,ptlt to Serum 472.027 FI®da Page 1 of 2 C - CERTIFICATE OF AUTHORIZATION:LB7922 . ' 324 Nicholas Parkway west,Slate F,Cape Coral,FL 33991 �� Phone:(239)673-9541 Fax:(239)424-8181 "amt ENS an SECTIONS 5,TOWNSHIP SOS,RANGE 26E www.scisla'vey.com MOMS SURVEYOR M o No THE MEW w��k or nae� • 4. ,SC88£ ' 16B .i 1 o ran y to y cA 3N111S3M 3 „TZ,8So00 S <lis8 0 Z 0 rt N CI 107' d ZC),n 4 I@ i 8. .0 �z v, b t-, 5' 8 O {400y i 70 3 �� XghC w- a ,3 -116 O© � o 'd m O 5 . MI 71 4 DI ili t--► rg!I i CC (.4 �� • Q L127 Z./.49 °- z 8 i,6 . .. , , V 4' d 4 L131 K m C/1 , , N X . - n w u, g Cr' IV a No la et N N GGGGGGGGF h E E �S �I � 2 �\ a � v * it, ± W z r $ 3 v + to r ■J •D \ \ Z Z Z V1 {A (A VI N VI Z Z Vf Z Z V) Z Z Z t/1 Z Z r V1 Sr r uir � l � d � � 4El1 ri : + 1441ei I AID ; f * f * f * * mrnrnrnrnmmmmmmrrrmm \ C ,,,�� uwi W a. I?i, vi V 0 V 0 ►�+ r N ± rni‘j �V44 N r :II Y) V r 4Cl8 Ble1r11444 �14 � ! V-! te, 1K1 "41 iii i I \ \ CI lii at tilts 9 z 21s. <1 [ � 7.1 \\ 1 .•11 i 1 .�'5 igi I i!ill g, gi. xl 1 a` I w ii Ji i — PG28OF30 . . 168 I• S Description EXHIBIT B Subject Parcel Description: A portion of Countryside at Berkshire Lakes as shown in Plat Book 14,Page(s) 50-52, Collier County,Florida, more particularly described as follows: Commencing at the Southwest corner of Countryside at Berkshire Lakes Section one, Plat Book 14,Page(s)50-52, Collier County,Florida;thence,along the West Line of said subdivision,run N 00°58'21" W a distance of 80.01 feet; thence, leaving said West Line run N 89°51'38"E a distance of 30.00 feet to the Point of Beginning;thence run the following thirteen(13)courses; 1.) N 00°59'28" W a distance of 591.49 feet; 2.)N 89°00'31"E a distance of 205.16 feet; 3.)N 46°54'02"E a distance of 250.68 feet;4.) S 62°16'32" E a distance of 30.61 feet; 5.)S 20°53'20"W a distance of 208.48 feet; 6.) S 69°07'55"E a distance of 459.52 feet;7.)N 21°05'44"E a distance of 206.75 feet; 8.) S 68°54'16" E a distance of 110.38 feet; 9.)N 20°11'27" E a distance of 20.61 feet; 10.)S 69°02'54"E a distance of 82.54 feet; 11.) S 67°09'26"E a distance of 35.21 feet; 12.) S 00°08'22"E a distance of 520.29 feet; 13.)S 89°51'38" W a distance of 1055.39 feet to the point of beginning, Said Parcel contains 576,672 square feet or 13.24 acres more or less. PG 29 OF 30 Subject Parcel THIS IS NOT A SURVEY A Tract of Land Lying in Countryside at PARCEL 9 Berkshire Lakes, Lying in Section 5, Township 50 South, Range 26 East I hereby certify that,to the beat of my knowledge and belief;the sketch end description represented hereon,made under my direction on SEPTEMBER STOUT C RA M E R forth by the Florida Board oof Professional Surveyors Standards app�rn �Chhapter 51-17,Florida Administrative Code,pursuant to Section 472.027 Florida Page 1 of 2 PROFESSIONAF EYoRs stmt.. CERTIFICATE OF AUTHORIZATION:LB7922 dello PREPARED FOR:DAVIDSON ENGINEERING 324 Nicholas Parkway West,Suite F,Cape Coral,FL 33991 3, • —^f. IFORi E„RII) Phone:(239)673-9541 Fax:(239)424-8181 FLORIDA PRDFEmawsURVEVDRSwwaetND.sse. OCT VALID WITHOUT THE SIGNAIURE AND THE ORICINAL RAISED SEAL OF A RORIDA SECTIONS 5,TOWNSHIP 50S,RANGE 26E www.scisurvey.COm LICENSED SURVEYOR AND MAPPER 0 r I.. . :.1..r...• ..-- 16B 1 O 8 O g g 0 ,q m O O E/ A IF-)0 e' G r 1n' 0i 1 10' Ei z o ^ o MUn6 r - ;.1 . dol ,a 8-.?, Tim -04 i m1.4 G ,Si 73 z o Still i OST1 4 1 coo ii: . rn co A rzr i gi w0> GWa ' A ‘ ', ' , G G G G G G G G G G G G G G G `7 Ig` cncncncnz (1) ZIA nGAZZZ (ncn f ro, 5, 255 '41 .1 '1F-2t5 § 1 § , , y to O3� O ± ui N a i - na il ..g. gmmmnI, rnm * rnmn r11 ul u v E 1.ISB co i gtr,, p8Firr+ e '0' 8 u°, /-28 8 T9T1 Igl "d eD N 0 N g'" 11111 N 8Q 22 h 11 v,Q '� $e �o A Nt �I 1� Q a o i!1 I 1141 ti ':pc 3 N 0 . 1 4 s' o bIll � 171 t `°, ill 1 if BEd PC ti 4. PG300F30 a • ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIM 6 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP (eGprd inci 1 iii Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office .a, 7 /9/01 4. BCC Office Board of County 714 4 Commissioners T p S/ 111111L\ 5. Minutes and Records Clerk of Court's Office 1( 1'1(11-- PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff David Anthony Phone Number 252-2497 Contact/ Department Agenda Date Item was 2/ 3/2010 '"?‘,,,rS1/4,4, .ITp Agenda Item Number 16B1 Approved by the BCC VV 17.e_5 ?eke)* Type of Document Conservation Easement Number of Original 2 Attached Mortgagee's Consent Documents Attached PO number or account Customer to be notified to pay the Clerk number if document is directly to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? x 2. Does the document need to be sent to another agency for additional signatures? If yes, n/a provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed x by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's x Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the x document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's x signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip n/a should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on a/33/(-(date)and all changes made ' 4 during the meeting have been incorporated in the attached document. The County ,� : Attorney's Office has reviewed the changes,if applicable. • 9. Initials of attorney verifying that the attached document is the version approved by the ' BCC, all changes directed by the BCC have been made,and the document is ready for , Chairman's signature. I.Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised '.1 , •evised 11/30/12 16B 1 OFFICE OF THE COLLIER COUNTY ENVIRONMENTAL SERVICES SECTION INTEROFFICE MEMORANDUM TO: Clerk to the Board, Board Minutes and Records FROM: David Anthony, Environmental Services Section DATE: July 2, 2014 RE: Attestation and Recording of Conservation Easement Attached is a Conservation Easement for Living Word Family Church, which has been approved by the Board of County Commissioners. Please attest as usual and hold the original documents until the applicant provides payment for recording. Then forward the packet to the Recording Department. Thank you for your assistance in this matter. Please send me a copy of the receipt via interoffice mail. Please send an email to DavidAnthony@colliergov.net when the easement has been recorded. If you have any questions, feel free to contact me at (239) 252-2497. The following agent will be paying the recording fees: Josh Fruth, P.E. Davidson Engineering 4365 Radio Road, Suite 201 Naples, FL 34104 239-434-6060 P 239-434-6084 F Attachments Routing Slip Conservation Easement Clerk of Circuit Court's Information Sheet 16B 1 OFFICE OF THE COLLIER COUNTY ENVIRONMENTAL SERVICES SECTION INTEROFFICE MEMORANDUM TO: Board of County Commissioners of Collier County FROM: David Anthony, Environmental Services Section DATE: July 2, 2014 RE: Acceptance of Conservation Easement Attached is a Conservation Easement for Living Word Family Church. In accordance with Resolution No. 2010-39, approved by the Board of County Commissioners on February 23, 2010, I am requesting that if this Conservation Easement is acceptable, please sign or stamp as to approval of this Conservation Easement, and forward it, along with the attachments, to the Clerk for attestation and recording. Thank you for your consideration of this matter. If you have any questions, feel free to contact me at (239) 252-2497. Attachments 16B 1 Martha S. Vergara From: Anthony, David Sent: Friday, July 11, 2014 4:30 PM To: Martha S.Vergara Subject: FW: Conservation Easement - Living Word Family Church FYI From: Josh Fruth [mailto:Josh(adavidsonengineering.com] Sent: Friday, July 11, 2014 4:30 PM To: AnthonyDavid; Jessica Harrelson Subject: RE: Conservation Easement - Living Word Family Church David, We have an account with the clerk's office. By authorization from this email, please use that to withdrawal funds for recording and send us the receipt. Thank you, Josh Fruth Original message From: AnthonyDavid Date:07/11/2014 4:27 PM (GMT-05:00) To: Josh Fruth ,Jessica Harrelson Subject: FW: Conservation Easement- Living Word Family Church FYI From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Friday, July 11, 2014 4:07 PM To: AnthonyDavid Subject: Conservation Easement- Living Word Family Church Hi David, I have received and attested the Conservation Easement .. can you contact Davidson Engineering and they can either mail a check to our office or I can meet them in the recording dept. If it's easier for them to call me feel free to give them my contact information. Once the original comes back to our office I will forward scanned copy to you. 1 168 1 INSTR 5007330 OR 5057 PG 3625 RECORDED 7/15/2014 10:13 AM PAGES 12 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC @.70$0.70 REC$103.50 THIS INSTRUMENT PREPARED BY&RETURN TO: NAME: C.LANE ROOD SALVATORI,ROOD&BUCKE,P.L ADDRESS: 9132 STRADA PLACE,FOURTH FLOOR NAPLES,FLORIDA 34108-2683 PARCEL LD. #00217960001 CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this It‘ day of 2014 b Livin Word Famil Church, Inc. as Grantor, a rida Corporation, (h einafter , by Living Family "Living Word Family Church" or "Grantor") whose address is 7550 Mission Hills Drive, Suite 314 Naples, FL 34119, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the "parties." WHEREAS, Living Word Family Church is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" attached hereto (hereinafter referred to as the "Living Word Family Church property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind Living Word Family Church; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit"B" (the Easement Property). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. Living Word Family Church, its successors, heirs, assigns and/or transferees, hereby grants a non-exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. Revised 7/15/13 1 e 1613 1 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 3. Living Word Family Church, its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. Revised 7/15/13 2 CA 166 1 - � 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and delivered in the presence of: WITNESSES: Living Word Family Church, Inc. a Florida Corporation Pri -d 6 e: ).LZi ^1 €Lz-C3c_k ' / MO A By: .2, Printed Name: Cv ex � _� wc�c,e„�� Rev. aul Fo.lien, President Revised 7/15/13 3 CA STATE OF FLORIDA ) 16B 1 COUNTY OF COLLIER ) The foregoing instrument was subscribed, sworn and acknowledged before me this 1 1 day of M Di..k_-1 , 2014, by Rev. Paul Foslien as President for Living Word Family Church, Inc. and who is [ ] personally known to me or [ ] who produced F 1- D L as identification. TAR UBLIC Printed Name: C c); r-i CV My Commission Expires: •�"v4"!.. ANNE-MARIE POIRIER tr)� y y Public-Ste.d FIoIMI My Comm.Expires Mar 31,2016 "4.$-„"o Commission#EE 79506 Acceptance by Grantee: ATTEST: , 'A' {1 BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA dry By: _ ��-- Deputy,Clerk om Henning, Chair an Attest as to Chairmaii signature only. Approved as to Form and ality Scott A. Stone Assistant County Attorney C P\1I-EN S-00442\4 Accepted on behalf of Collier County pursuant to Resolution 2010-039 Revised 7/15/13 4 Cq� EXHIBIT A 168 1 .-NORTH 1/4 CORNER — OF SECTION 30 4 OF SECTION 30— — NORT E°F NE 1/��_ — — N86'03'29"E 643.74' IMMOKALEE ROAD \--- m r S02"1o'24"E 178.47'-\ STATE ROAD 846 1 — 17,WAY LINE ___ _ RIGHT—OF RIGHT—OF— }T TAKING FORMER— ——— RIGHT-OF-WAY TAKING RIGHTA�NGWAY i (OR 3302. 1I j----- ———————— I /-L2 32S2.L5 230) (OR 3302. PG 3248) L7 Pc 3zaa) I,. L6 PARCEL N0. — — — L3 L4 00218000009 0 — — (OR 747, I PG 377) J 1 CO :50'___ PARCEL NO 00215000002 (OR - I' 4247 PG 3860 ° 0— _ 9 PARCEL S ) p r1 �° L EAST 1/2 OF THE NORTH III I /2 OF THE NE 1/4 OF THE N `'1 NW 1/4 OF THE NE 1/4 cv 0 w 0 LESS NORTH 188.20' AND 0 a 0 a LESS THE WEST 150' I PARCEL NO. 00215080006 p° Zo N (OR 4807, PG 1236) Z _ 0 PARCEL 3 0 p 0 N EAST 1/2 OF THE SOUTH 1/2 4I a a� Z OF THE NE 1/4 OF THE NW 6 coI a a 1/4 OF THE NE 1/4 c0I �' LESS THE EAST 30' V >_ PARCEL 1 PARCEL NO. 00218040001 ;U WEST 1/2 OF THE EAST 1/2 (OR 3967, PG 3016) M W OF THE WEST 1/2 OF THE 1 NS6 004'19'E 322.08' NE 1/4 LESS THE SOUTH 10' N p _ _ AND THE NORTH 10' PARCEL 10 PARCEL NO. 00214920002 NE 1/4 OF THE SE 1/4 OF rnlW (OR 3841, PG 2873) ! THE NW 1/4 OF THE NE 1/4 Ilo LESS EAST 30' FOR ROAD ' D RIGHT-OF-WAY 0 PARCEL 2 PARCEL NO. 00219040000 2 CV EAST 1/2 OF THE SW 1/4 OF (OR 4016, PG 2007) 1 CD THE NW 1/4 OF THE NE 1/4 3 SECTION 30, TOWNSHIP 48 I SOUTH, RANGE 27 EAST LESS THE SOUTH 20' FP&L EASEMENT +1 ,0 r (OR 4510, PG 2050) CPARCEL NO. 00216720006 I' c (OR 4105, PG 1800) 1 PARCEL 6 Z THE SE 1/4 OF THE SE 1/4 I OF THE NW 1/4 OF THE NE 1/4 LESS EAST 30 FEET I FOR INGRESS AND EGRESS C PARCEL NO. 00217960001 1 MATCHLINE SEE SHEET 2 = (OR 2555, PG 2231) H 0 0 O 3 h I LINE TABLE LINE TABLE LINE TABLE N LINE BEARING DISTANCE LINE BEARING DISTANCE LINE BEARING DISTANCE L1 N86'03'29"E 29.01' L5 N86'03'29"E 129.75' L9 N86'03'54"E 150.07' 3 v ›^ L2 SO3'56'31"E 19.81' L6 S03'56'31"E 10.00' L10 NO2'11'31"W 146.44' 0 c L3 N86'03'29"E 109.21' L7 N86'03'29"E 53.66' L11 N86'03'29"E 141.85' D o m ��� L4 NO3'56'31"W 19.99' L8 502'11'31"E 146.42' o (INTENDED DISPLAY SCALE:1"=200') d 0 v o NOTES: 1. BEARINGS SHOWN HEREON ARE BASED ON STATE PLANE COORDINATES, cn 5. FLORIDA EAST ZONE, NORTH AMERICAN DATUM OF 1983 (NSRS 2007), WHEREIN THE NORTH LINE OF NORTHEAST QUARTER (NE-1/4) OF 1 SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST BEARS t NORTH 86' 03' 29" EAST. v 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO ZONING u OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL. 1 1 OR = OFFICIAL RECORDS BOOK ,,, 4. PG = PAGE THIS IS NOT A SURVEY ° 5. DESC. = DESCRIPTION n 6. PARCEL CONTAINS 1,648,729 SQUARE FEET OR 37.85 ACRES, MORE 5 OR LESS. C r , 7. DESCRIPTION ATTACHED. t -1 r� ; r BARRY E. YREN (FQ(7S11-IIf FIRM*B-44,?) i 0 v PROFESSIONAL SURVEYOR AO MAPPN% f 0 NOT VALID WITHOUT SHEETS 2&3 OF 3 FLORIDA CERTIFICATE.NO.'536,5.I' -c �i i ° DATE SIGNED: 1 1 '1,0 A- `= M LIVING WORD FAMILY CHURCH HE ,GNi�rURE AND'TIDE LYING IN THE NORTHEAST QUARTER(NE-1/4) NOT VALID WITHOUT Y -� o N SECTION 30,TOWNSHIP 48 SOUTH,RANGE 27 EAST ORIGINAL RAISED SEAL OF A FLORIDA LICE N . iri SURVEYOR AND MAPPED.' , . 4. >, 2 COLLIER COUNTY,FLORIDA 1 9, ��� 2350 STANFORD COURT SKETCH TO AeC,ONIPAtY,` -,,,, limase NAPLES, FLORIDA 34112 DESCRIPTfON PHONE (239) 434-0333 FAX (239) 434-9320 ENGINEERING E.B. #642 'DATE 5/30/14 PR20139505 f130N48- 27 Isc1LE 200 IsHE1TOF 3 (mil(' 5 EXHIBITA 168 1 MATCHLINE -SEE SHEET 1 PARCEL 8 THE SOUTH 20 FEET OF THE EAST THE SE 1/4 OF THE SE 1/4 Q co N 1/2 OF THE SW 1/4 OF THE NW OF THE NW 1/4 OF THE NE O O TOWNSHIP RECORDED IN OFFICIAL FOR INGRESS AND EGRESS CO (OR 3976, PG 3714) NO RECORDS BOOK 4874, PAGES Z 1750-1753 OF THE PUBLIC RECORDS PARCEL NO. 00217960001 g OF COLLIER COUNTY, FLORIDA (OR 2555, PG 2231) RAMSEY STREET — — PARCEL6 N86°05'09"E 322.29' PARCEL 1 N —�� _ — WEST 1/2 OF THE EAST 1/2 co 586 05'09"W 322.30 OF THE WEST 1/2 OF THE J ° NE 1/4 LESS THE SOUTH 10• THE EAST 1/2 OF THE NORTH W ,---- AND THE NORTH 10' 1/2 OF THE NE 1/4 OF THE s PARCEL NO. 00214920002 SW 1/4 OF THE NE 1/4 LESS rI` PARCEL 9 N (OR 3841, PG 2873) THE NGRESS ANDFEGRESSR NII THE SOUTH 20 FEET OF THE w PARCEL 7 0 WEST 1/2 OF THE SOUTHWEST S THE NORTH 20 FEET OF THE PARCEL NO. 00217960001 I 1/4 OF THE NORTHWEST 1/4 OF EAST 1/2 OF THE NW 1/4 OF (OR 2555, PG 2231) THE NORTHEAST 1/4 OF i THE SW 1/4 OF THE NE 1/4 OF SECTION 30, TOWNSHIP 48 m SECTION 30, TOWNSHIP 48 ''0 -_� SOUTH, RANGE 27 EAST, SOUTH, RANGE 27 EAST AS \-1.-'1 O RECORDED IN OFFICIAL RECORDS COLLIER COUNTY, FLORIDA AS e BOOK 4874, PAGES 1750-1753 RECORDED IN OFFICIAL RECORDS C OF THE PUBLIC RECORDS OF I' BOOK 4874, PAGES 1750-1753 Z COLLIER COUNTY, FLORIDA ---" S�°05�34�292.39' OF THE PUBLIC RECORDS OF 'I COLLIER COUNTY, FLORIDA W I PARCEL 4 cC EAST 1/2 OF THE NW 1/4 OF THE SW 1/4 OF THE NE 1/4 PARCEL NO. 00218600001 W OF SECTION 30, TOWNSHIP 48 (OR 4609, PG 520) I I0 PARCEL NO. 00216800007 SOUTH, RANGE 27 EAST (OR 1044, PG 1541) LESS THE NORTH 20' 10 i2 I PARCEL NO. 00218440009 (OR 4407, PG 4143) , ; I — — - __ - 1 — S86°05'59 W 322.51' DEED OF CONSERVATION EASEMENT EASEMENT FOR ROAD — (OR 4408, PG 1400) - RIGHT-OF-WAY I I CONSERVATION EASEMENT EAST 10' OF THE ; I, (OR 4410, PG 3358) I WEST 3/4 OF ' W SECTION 30 I (OR 16, PG 474)1 .I cn r CV EASEMENT FOR ROAD-rtt I—-- O RIGHT-OF-WAY M WEST 10' OF THE I' Oi E1/4 OF SECTION 30 i a (0 (OR 16, PG 474) I PARCEL NO. 00216400009 I (OR 4550. PG 1782) cr N a I p O PARCEL NO. 00216000001 I I- N (OR 4415, PG 514) O No Z PARCEL NO. 00217920009 ' (OR 1680, PG 2259) J I. N W N I I 7-PROPOSED COLLIER m I I EASEMENT t u 3 Noe 09'18"w 10.00' e06.4911y 322.72' - -o ;-CENTER OF — — _ —" i. / SECTION 30 _ — o S86.06'49_W 645.44___ v _ — — 0 0 AT O N O v 3 N 0' c I U Z LINE TABLE s to LINE BEARING DISTANCE o I L12 NO2'08'12"W 20.01' 0 n 0 50 100 200 —�∎ °' (INTENDED DISPLAY SCALE:1"=200') U U N i NOT VALID WITHOUT SHEETS I &3 OF 3 ti 0 LIVING WORD FAMILY CHURCH ~' LYING IN THE NORTHEAST QUARTER(NE-114) N SECTION 30,TOWNSHIP 48 SOUTH,RANGE 27 EAST ,y; COLLIER COUNTY,FLORIDA 2350 STANFORD COURT SKETCH TO ACCOMPANY cal JOHNS NAPLES, FLORIDA 34112 DESCRIPTION PHONE (239) 434-0333 FAX (239) 434-9320 ENGINEERINGE.B. #642 DATE 05/30/14 1RR20139505 'F130 48-27 SCALE 200 'SHEET OF 3 6 w! EXHIBIT A 16B 1 DESCRIPTION PARCEL 1: THE WEST 1/2 OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 LESS THE SOUTH 10 FEET THEREOF, THE NORTH 10 FEET THEREOF AND THE PROPERTY CONVEYED TO COLLIER COUNTY BY DEEDS RECORDED IN BOOK 3252, PAGE 226 AND BOOK 3252, PAGE 230 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. PARCEL 2: THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4, LESS THE SOUTH 20 FEET THEREOF, SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. PARCEL 3: THE EAST ONE—HALF OF THE SOUTH ONE—HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, LESS THE EAST 30 FEET (30') THEREOF, SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. PARCEL 4: THE EAST ONE—HALF OF THE NORTHWEST ONE QUARTER (NW 1/4) OF THE SOUTHWEST ONE—QUARTER (SW 1/4) OF THE NORTHEAST ONE—QUARTER (NE 1/4) OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST LESS THE NORTH 20 FEET THEREOF, COLLIER COUNTY, FLORIDA. PARCEL 5: THE EAST 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPT THE NORTH 188.20 FEET FOR RIGHT—OF—WAY; LESS THE EAST 30 FEET THEREOF FOR EGRESS AND INGRESS, AND LESS THE WEST 150 FEET THEREOF. PARCEL 6: THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4), LESS THE EAST 30 FEET THEREOF, FOR INGRESS AND EGRESS AND THE EAST ONE HALF (E 1/2) OF THE NORTH ONE HALF (N 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE E SOUTHWEST QUARTER (SW 1/4) OF THE NORTHEAST QUARTER (NE 1/4), LESS THE EAST 30 FEET THEREOF, FOR INGRESS AND EGRESS. ALL IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. PARCEL 7 o THE NORTH 20 FEET OF THE EAST ONE—HALF OF THE NORTHWEST ONE QUARTER (NW 1/4) OF THE SOUTHWEST o ONE—QUARTER (SW 1/4) OF THE NORTHEAST ONE—QUARTER (NE 1/4) OF SECTION 30, TOWNSHIP 48 SOUTH, c RANGE 27 EAST, COLLIER COUNTY, FLORIDA. • (OFFICIAL RECORDS BOOK 4874, PAGES 1750-1753) PARCEL 8 N THE SOUTH 20 FEET OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST " 1/4, SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (OFFICIAL RECORDS BOOK 4874, PAGES 1750-1753) m• PARCEL 9 THE SOUTH 20 FEET OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. o (OFFICIAL RECORDS BOOK 4874, PAGES 1750-1753) C c PARCEL 10 THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA: LESS THE EAST 30 FEET FOR ROAD RIGHT OF WAY. N 0 M O N NOT VALID WITHOUT SHEETS I &2 OF 3 0 LIVING WORD FAMILY CHURCH o LYING IN THE NORTHEAST QUARTER(NE-1/4) i SECTION 30,TOWNSHIP 48 SOUTH,RANGE 27 EAST COLLIER COUNTY,FLORIDA iriiuiii 2350 STANFORD COURT NAPLES, FLORIDA 34112 DESCRIPTION PHONE (239) 434-0333 FAX (239) 434-9320 ENGINEERING E.B. #642 DATE 05/30/14 I 20139505 IF'30-48-27 (SCALE ISHE2TOF 3 EXHIBIT B 168 1 , , , I ! POC DESC. NE CORNER OF THE NE 1/4 OF THE NE 1/4 NORTH LINE OF THE OF THE SW 1/4 OF THE NE 1/4 OF THE NE 1/4 NE 1/4 OF SECTION 30 OF THE SW 1/4 OF THE `2 SW 1/4 OF SECTION 30 — —— — S02°12'37"E 17.56' N86°05'09"E 292.29' POB DESC. S86°05'09"W 30.01'—J cn WEST LINE OF THE NE 1/4 OF THE NE 1/4 OF THE SW 1/4 OF THE PARCEL NO. 00217960001 EAST LINE OF THE Cn NE 1/4 OF SECTION 30 :' (OR 4801, PG 286) NE 1/4 OF THE NE 1/4 F' W OF THE SW 1/4 OF THE :.., ,. I , NE 1/4 OF SECTION 30 C\) kt L=117.41' 30' R=75.00' 4=89°41'33" I CB=N42°39'04"E CD=105.78' S86°05'34"W 367.02' SOUTH LINE OF THE PARCEL NO. 00214920002 N 1/2 OF THE NE 1/4 (OR 4874, PG 1750) OF THE SW 1/4 OF THE ,, NE 1/4 OF SECTION 30 y EASEMENT FOR ROAD RIGHT-OF-WAY EASEMENT FOR ROAD WEST 10' OF THE EAST 1/4 E. OF SECTION 30 n EAST 10' OF THE WEST 3/4 OF (OR 16, PG 47 N SECTION 30 (OR 16, PG 474) I 1 o I . o PARCEL NO. 00218600001 N $ (OR 4692, PG 1535) W o I T 1 0 m V I I 0 25 50 100 — o (INTENDED DISPLAY SCALE: =100') N U o., 3 11 -,W; NOTES: N LE 1. BEARINGS SHOWN HEREON ARE BASED ON STATE o PLANE COORDINATES, FLORIDA EAST ZONE, NORTH o AMERICAN DATUM OF 1983 (NSRS 2007), WHEREIN E THE EAST LINE OF THE NORTHEAST QUARTER OF o• THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF t SECTION 30 BEARS SOUTH 02' 12' 37" EAST. 2 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO N ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL. THIS IS NOT A SURVEY 3. POC = POINT OF COMMENCEMENT. 0 4. POB = POINT OF BEGINNING. °; 5. DESC. = DESCRIPTION 6 6. C = CHORD LENGTH �;'' e.' S,� `. 7. CB = CHORD BEARING 2 8. L = ARC LENGTH BARRY E. 'SYREN (FOR TI�E•FjRM� f42) 2 9. R = RADIUS PROFESSIONAL SURVEYOR AND.r, .P.P / N 10. \= DELTA ANGLE FLORIDA CERTIFICATE NO. 5365";•J;,,'.'.,F;., • 1 1. PARCEL CONTAINS 93,804 SQUARE FEET (2.15 ACRES) 'Jt..'' ° MORE OR LESS. DATE SIGNED: L 12. DESCRIPTION ATTACHED. .'SIGNATURE' N 1HE N ORIGINAL RAISED SEAL OF A„FLp DA,.I,ICQJ&E[g. vi NOT VALID WITHOUT SHEET 2 OF 2 SURVEYOR AND MAF E S '. '”)— - V' ,°c) ti 2350 STANFORD COURT SKETCH TO ACCOMPANY IYESCRIPTiON INIIIME NAPLES, FLORIDA 34112 PHONE (239) 434-0333 CONSERVATION EASEMENT FAX (239) 434-9320 ENGINEERINGE.B. #642 DATE 05/2014 IPR20 39505 �130 .48 P7 Iscn1E=100' (SHEET OF 2 1 l 8 EXHIBIT B 16 B 1 DESCRIPTION CONSERVATION EASEMENT LYING IN THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA A PARCEL OR TRACT OF LAND LYING IN THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, WHICH PARCEL OR TRACT OF LAND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30 THENCE SOUTH 02'12'37" EAST ON THE EAST LINE OF SAID FRACTION FOR 17.56 FEET TO AN INTERSECTION WITH A LINE 17.55 FEET SOUTH OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE NORTH LINE OF SAID FRACTION; THENCE SOUTH 86'05'09" WEST ON SAID PARALLEL LINE FOR 30.01 FEET TO AN INTERSECTION WITH A LINE 30 FEET WEST OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE EAST LINE OF SAID FRACTION AND THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING THENCE SOUTH 02'12'37" EAST ON SAID PARALLEL LINE FOR 317.19 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE SOUTH 86'05'34" WEST ON SAID SOUTH LINE FOR 367.02 FEET TO THE POINT OF CUSP OF A NON-TANGENT CURVE; THENCE NORTHEASTERLY ALONG SAID CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 75.00 FEET (DELTA 89'41'33") (CHORD BEARING NORTH 42'39'04" EAST) (CHORD 105.78 FEET) FOR 117.41 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE NORTH 02'11'31" WEST ON SAID WEST LINE FOR 244.39 FEET TO AN INTERSECTION WITH A LINE 17.55 FEET SOUTH OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE NORTH LINE OF NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE NORTH 86'05'09" EAST FOR 292.29 FEET ON SAID PARALLEL LINE TO THE POINT OF BEGINNING. E PARCEL CONTAINS 93,804 SQUARE FEET (2.15 ACRES), MORE OR LESS. BEARINGS SHOWN HEREON ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE, NORTH AMERICAN DATUM OF 1983 (NSRS 2007), WHEREIN THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30 BEARS SOUTH 02' 12' 37" EAST. aD O T O d C O a 0 W v v C v E C) C O 0 O O C) N C 0 O U t d U) O M O N C) N C) U) N 0 N O i NOT VALID WITHOUT SHEET I OF 2 U) MUNOZ 2350 STANFORD COURT CONSERVATION EASEMENT NAPLES, FLORIDA 34112 DESCRIPTION PHONE (239) 434-0333 FAX (239) 434-9320 ENGINEERINGE.B. #642 DATE/2014 IPR20139505 IFl 0-48-27 'SCALE/2014 (SHEET OF 2 (.• 9 16B 1 JOINDER AND CONSENT TO EASEMENT CAPITAL BANK, N.A. (the "Bank") the holder of that certain Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of November 5, 2012 (the Mortgage") recorded in Official Records Book 4853, at Page 251, of the Public Records of Collier County, Florida, and that certain UCC-1 Financing Statement recorded in Official Records Book 4835, at Page 269, of the Public Records of Collier County, Florida (the "UCC"), which encumber the Property described in Exhibit A, does hereby join in and consent to the Easement ("Easement"), to which this Joinder and Consent is attached. Notwithstanding the execution of this Joinder and Consent, nothing herein shall be construed to render Bank responsible or liable for the performance of any of the covenants or undertakings of the Easement. Bank makes no warranty or representation of any kind or nature concerning said Easement or any of its terms or provisions or the legal sufficiency thereof and disavows any such warranty or representation. None of the representations contained in the Easement shall be deemed to have been made by the Bank. The undersigned consents to the recordation of the Easement and agrees that the lien and effect of the Mortgage and UCC shall be subject and subordinate to the terms of the Easement. Except only as expressly provided herein, this Joinder and Consent shall not in any way affect or diminish the rights, benefits and remedies of Bank as set forth in the Mortgage, the UCC or any of the other loan documents as described therein IN WITNESS WHEREOF, the undersigned has executed this Joinder and Consent on this a 7 day of Jla rye, , 2014. CAPITAL BANK, N.A. Print N e. : MIL .•CI By: �� I /iaL _. s 441 Name: M Nr-ttvrl, j .. l 9�c� _ _ . • Title: S V/ a me: V �r (A)a rcit [SEAL] STATE OF FLORIDA COUNTY OF COLLIER ntt The foregoing instrument was acknowledged before me this 0-7441day of.Aprii•,— by 11- : - as S v P of CAPITAL BANK, N.A., who is •ersonally known to Pne or , ho produced as identification, on behalf 4 ,,,,0tY ,,; - - Print or Stamp Name: . Q n, j_}ub hard wCHERYL A.HUBBARD Notary Public, State of Florida at Large Notary Public-State of Florida tl � My Comm. Expires Jan 26,2016 Commission No: Et 1 s I I ? 4 '-OF, ,;,,,, Commission *EE 157177 My Commission Expires: Prolaw: 994009 6 (r ,�J 16B 1 EXHIBIT "A" DESCRIPTION CONSERVATION EASEMENT LYING IN THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA A PARCEL OR TRACT OF LAND LYING IN THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, WHICH PARCEL OR TRACT OF LAND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30 THENCE SOUTH 02'12'37" EAST ON THE EAST LINE OF SAID FRACTION FOR 17.56 FEET TO AN INTERSECTION WITH A LINE 17.55 FEET SOUTH OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE NORTH LINE OF SAID FRACTION; THENCE SOUTH 86'05'09" WEST ON SAID PARALLEL LINE FOR 30.01 FEET TO AN INTERSECTION WITH A LINE 30 FEET WEST OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE EAST LINE OF SAID FRACTION AND THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING THENCE SOUTH 02'12'37" EAST ON SAID PARALLEL LINE FOR 317.19 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE SOUTH 86'05'34" WEST ON SAID SOUTH LINE FOR 367.02 FEET TO THE POINT OF CUSP OF A NON-TANGENT CURVE; THENCE NORTHEASTERLY ALONG SAID CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 75.00 FEET (DELTA 89'41'33") (CHORD BEARING NORTH 42'39'04" EAST) (CHORD 105.78 FEET) FOR 117.41 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE NORTH 02'11'31" WEST ON SAID WEST LINE FOR 244.39 FEET TO AN INTERSECTION WITH A LINE 17.55 FEET SOUTH OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE NORTH LINE OF NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE NORTH 86'05'09" EAST FOR 292.29 FEET ON SAID PARALLEL LINE TO THE POINT OF BEGINNING. PARCEL CONTAINS 93,804 SQUARE FEET (2.15 ACRES), MORE OR LESS. BEARINGS SHOWN HEREON ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE, NORTH AMERICAN DATUM OF 1983 (NSRS 2007), WHEREIN THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30 BEARS SOUTH 02' 12' 37" EAST. 0 0 0 A T a W 0 O 0 F 0 U L N O N O, `,?-4 NOT VALID WITHOUT SIIEET I OF 2 WINIEDZI vi 2350 STANFORD COURT CONSERVATION EASEMENT NAPLES, FLORIDA 34112 DESCRIPTION PHONE (239) 434-0333 FAX (239) 434-9320 ENGINEERING E.B. #642 DATE 05/2014 IPROJECT N, IFl ON SOO 'SHEET�46-27 , N/A 2 OF 2 168 1 , , , i POC DESC. 1 NE CORNER OF THE NE 1/4 OF THE NE 1/4 NORTH LINE OF THE OF THE SW 1/4 OF THE NE 1/4 OF THE NE 1/4 NE 1/4 OF SECTION 30 N OF THE SW 1/4 OF THE 'I• SW 1/4 OF SECTION 30 S02•12'37"E 17.58' • N86°05'09"E 292.29 I POB DESC. III S86°05'09"W 30.01' I I cn 1:4 , II WEST LINE OF THE NE 1/4 OF THE NE 1/4 N I. EAST LINE OF THE PARCEL NO. 00217960001 OF THE SW 1/4 OF THE k of ` (OR 4801, PG 286) NE 1/4 OF THE NE 1/4 NE 1/4 OF SECTION 30 c"2 w �I OF THE SW 1/4 OF THE 1. I NE 1/4 OF SECTION 30 o z y I ! L=117.41' 30" R=75.00' A=89°41'33" I I CB=N42°39'04"E CD=105.78' I S86•05'34"W 367.02' SOUTH LINE OF THE ' I I PARCEL NO. 00214920002 N 1/2 OF THE NE 1/4 (OR 4874, PG 1750) 1 OF THE SW 1/4 OF THE 1 NE 1/4 OF SECTION 30 1 Imo-EASEMENT FOR ROAD RIGHT-OF-WAY EASEMENT FOR ROAD WEST 10' OF THE EAST 1/4 RIGHT-OF-WAY i OF SECTION 30 E (OR 16, PG 47} $ EAST 10' OF THE SECTION 30 1 1 I (OR 16, PG 474) I 1 I r N I PARCEL NO. 00218600001 I ! r (OR 4692, PG 1535) I $ C r I I i 1 , 11I ^ I i 0 25 0 1 0 Y I (INTENDED DISPLAY SCALE: 1'100') N w I : P i 9 g` NOTES: 1. BEARINGS SHOWN HEREON ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE, NORTH L AMERICAN DATUM OF 1983 (NSRS 2007), WHEREIN S THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST " QUARTER OF THE NORTHEAST QUARTER OF SECTION 30 BEARS SOUTH O2' 12' 37" EAST. • 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO h ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT I PARCEL THIS IS NOT A SURVEY 0 3. POC = POINT OF COMMENCEMENT. $ 4. POB = POINT OF BEGINNING. ,:I 5. DESC. = DESCRIPTION S 6. C = CHORD LENGTH i 7. CB = CHORD BEARING C 8. L = ARC LENGTH BARRY E. SIREN (FOR THE FIRM LB-642) « 9. R = RADIUS PROFESSIONAL SURVEYOR AND MAPPER 2 10. A= DELTA ANGLE FLORIDA CERTIFICATE N0. 5365 an • 11. PARCEL CONTAINS 93,804 SQUARE FEET (2.15 ACRES) Pn MORE OR LESS. DATE SIGNED: n 12. DESCRIPTION ATTACHED. NOT VALID WITHOUT THE SIGNATURE AND THE 101 ORIGINAL RAISED SEAL OF A FLORIDA LICENSED U, NOT VALID WITHOUT SHEET 2 OF 2 SURVEYOR AND MAPPER. WIIIEBEI 2350 STANFORD COURT SKETCH TO ACCOMPANY DESCRIPTION NAPLES, FLORIDA 34112 CONSERVATION EASEMENT PHONE (239) 434-0333 FAX (239) 434-9320 ENGINEERING E.B. /642 DATE 05/2014 IPRO0C NO. IR ONO6 2 (SCALE- 00 'SHEET OF 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 g �, THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURFL Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines 41 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office SI'r j l /i !o 4. BCC Office Board of County Commissioners \r- --/ ►Z-VzVS 5. Minutes and Records Clerk of Court's Office RM 1g03115 3., 5(fnn PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff David Anthon Phone Number 252-2497 Contact/ Department Agenda Date Item was 2/23/2010 g �y Agenda Item Number 16B1 Approved by the BCC D.eSO J-o10`,7"1 Type of Document Conservation Easement Number of Original N, c Attached Mo it _ Documents Attached PO number or account Customer to be notified to pay the Clerk number if document is directly to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? x 2. Does the document need to be sent to another agency for additional signatures? If yes, n/a provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed x by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's x Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the x document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip n/a should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on (date)and all changes made ' during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for they A Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 OFFICE OF THE COLLIER COUNTY ENVIRONMENTAL SERVICES SECTION INTEROFFICE MEMORANDUM 1613 1 TO: Board of County Commissioners of Collier County FROM: David Anthony, Environmental Services Section DATE: 11/12/15 RE: Acceptance of Conservation Easement Attached is a Conservation Easement for Avow Hospice. In accordance with Resolution No. 2010-39, approved by the Board of County Commissioners on February 23, 2010, I am requesting that if this Conservation Easement is acceptable, please sign or stamp as to approval of this Conservation Easement, and forward it, along with the attachments, to the Clerk for attestation and recording. Thank you for your consideration of this matter. If you have any questions, feel free to contact me at (239) 252-2497. Attachments 168 1 OFFICE OF THE COLLIER COUNTY ENVIRONMENTAL SERVICES SECTION INTEROFFICE MEMORANDUM TO: Clerk to the Board, Board Minutes and Records FROM: David Anthony, Environmental Services Section DATE: November 12, 2015 RE: Attestation and Recording of Conservation Easement Attached is a Conservation Easement for Avow Hospice, which has been approved by the Board of County Commissioners. Please attest as usual and hold the original documents until the applicant provides payment for recording. Then forward the packet to the Recording Department. Thank you for your assistance in this matter. Please send me a copy of the receipt via interoffice mail. Please send an email to DavidAnthony@'colliergov.net when the easement has been recorded. If you have any questions, feel free to contact me at (239) 252-2497. The following agent will be paying the recording fees: Josh Fruth Davidson Engineering 4365 Radio Rd, Suite 201 Naples, FL 34104 239-434-6060 P 239-434-6084 F Attachments Routing Slip Conservation Easement Clerk of Circuit Court's Information Sheet 168 1 INSTR 5203303 OR 5220 PG 3768 RECORDED 12/7/2015 2-53 PM PAGES 9 uvVIGHT E BROOK, CLERK OF THE CiRCUi I COURT COLLIER COUNTY FLORIDA DOC @.70$0.70 REC$78.00 THIS INSTRUMENT PREPARED BY&RETURN TO: NAME:Davidson Engineering Inc. ADDRESS: 4365 Radio Road,Suite 201 Naples,FL 34104 PARCEL I.D. # 00286560005 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this 1/ day of (`"' Y4ht)r , 2015, by AVOW Hospice, Inc. (hereinafter AVOW Hospice, Inc . , as Grantor, whose address is 1095 Whipporwill Lane, Naples, FL 34105, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the "parties." WHEREAS, AVOW Hospice, Inc. is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" [include a Plat Book and Page reference in Exhibit "A"] attached hereto (hereinafter referred to as the "property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind AVOW Hospice, Inc.; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit"B" (the Easement Property). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. [Grantor] AVOW Hospice, Inc. its successors, heirs, assigns and/or transferees, hereby grants a non-exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. Revised 7/28/14 1 168 1 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 3. [Grantor] AVOW Hospice, Inc., its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. Revised 7/28/14 2 1 8. All notices, consents, approvals or other communications hereunder shall be in 16B writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and delivered in the presence of: WITNESSES: AVOW Hospice, Inc. Printed Name: /e-G4 :.74M- Printed Name: Ka '?&4. loer(cc,c ') aysen o O Revised 7/28/14 3 168 1 STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrument was subscrib , sworn and acknowledged before me this (,�� day of �,our?Y� v- , 2015, by Jaysen Roa, as CEO for W H=e, Inc., and who is 'personally known to me or-[] who produced as identification. IRENE CUNNINGHAM "14, MV COMMISSION k FF 911487 a-a2A(C? n 0 v n! "n \EXPIRES:November 14,2019 {La°`'4••' Bonded Dm Natary Pubec Underwriters NOTARY PUBLIC(i Printed Name: l e 034 VI( ✓t9j h& �� My Commission Expires: Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA - B s�1.�, :�_ Y Deputy Clerk T": , Chairperson Attest as to Chairman's signature only, Approved as to form and leg ity: n Q. Assistant County Attorney CP\11-ENS-00442\4 APPROVED PURSUANT TO RESO. 2010-39 Revised 7/28/14 4 EXHIBIT A 1 b B 1 RHODES&RHODES LAND SURVEYING, INC. 28100 BONITA GRANDEDRIVF SUITE#107 BONITA SPRINGS,FL 34136 PHONE(239)405-8166 FAX(239)405-8163 PROPERTY DESCRIPTION (BY OTHERS) PARCEL 13.1 NORTH 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND THE SOUTH 60 FEET OF THE EAST 1/2 OF THE NE 1/4 OF THE NW 1/4, SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND PARCEL 13.2 SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND PARCEL 13.3 NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 18,TOWNSHIP 49 SOUTH, RANGE 26 EAST, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SUBJECT EASEMENT, RESTRICTION AND RESERVATIONS OF RECORD. Z:\HOSPICE OF NAPLES\SKETCH AND DESC\overall property legal(by others).doc ?Qqg I Ck2. Y /113 i6B 1 (a) ,cl.S9t (a) ,00'S9t (a) ,00'S9t 3 „ZS,SZ.00 S 3 „ZS,SZ.00 S M „ZS,SZ.00 N P74 O, N :.t.. N r Z O Am�mrwm00z" 0-.2 m0 m XI p• V o o v> m°o C XS O+� m m O m A m p m §N NOmmANnsm RP ✓Z• ,DjnZDZ°mc DZ D O J Z Z m 0 N m p D Z N V O At 61.02c„,-,20 , A pp� =A Z N J 'n<m Z r m -po1N N m p• y m y ,Z° •m 0 2= N o DZ rn0m0 m 00i Z r" C�OZNZ �Q 2 C 0 >m Z 0 o m Z.U• nZ 0 0 mj EXHIBIT B i6B 1 RHODES&RHODES LAND SURVEYING, INC 08100BOLVJ A GRANDEDRIVEy SUITE 0107 BONITA SPRINOQ FL 34136 PHONE(2 9)05-8166 FAX(239)405-8163 PROPERTY DESCRIPTION Parcel of land lying in the northwest quarter of Section 18, Township 49 South, Range 26 East, Collier County, Florida,being more particularly described as follows: Commencing at the north quarter corner of said Section 18 township 49 south, range 26 east, collier county, Florida; thence south 00°25'52" east, a distance of 1,650.00 feet; thence south 89°34'08" west, a distance of 10.00 feet; thence South 00°08'38" East, a distance of 165.13 feet; thence South 89°34'08" West, a distance of 1,227.05 feet to the POINT OF BEGINNING of the parcel of land herein described; thence continue South 89°34'08" West, a distance of 59.09 feet; thence North 00°08'38" West, a distance of 161.13 feet; thence North 89°34'08" East, a distance of 68.44 feet to a point on a non-tangential curve; thence northeasterly, 15.16 feet along the arc of a circular curve, concave southeasterly, having a radius of 31.00 feet, through a central angle of 28°01'29" and being subtended by a chord which bears North 54°36'53" East, 15.01 feet; thence North 68°37'38" East, a distance of 30.76 feet; thence North 01°13'42" East, a distance of 37.31 feet to a point of curvature; thence northerly, 4.66 feet along the arc of a circular curve, concave easterly, having a radius of 31.00 feet, through a central angle of 08°36'58" and being subtended by a chord which bears North 05°32'11" East, 4.66 feet; thence North 09°50'40" East, a distance of 13.34 feet to a point of curvature; thence northeasterly, 13.74 feet along the arc of a circular curve, concave southeasterly, having a radius of 31.00 feet, through a central angle of 25°23'27" and being subtended by a chord which bears North 22°32'24" East, 13.63 feet; thence North 35°14'08" East, a distance of 5.98 feet to a point of curvature; thence northeasterly, 8.08 feet along the arc of a circular curve, concave southeasterly, having a radius of 31.00 feet, through a central angle of 14°55'55" and being subtended by a chord which bears North 42°42'05" East, 8.06 feet to a point on a non-tangential curve; thence northerly, 10.39 feet along the arc of a circular curve, concave easterly, having a radius of 31.00 feet, through a central angle of 19°12'29" and being subtended by a chord which bears North 04°04'53" East, 10.34 feet; thence South 38°26'07" East, a distance of 28.62 feet; thence South 51°33'53" West, a distance of 6.23 feet to a point on a non-tangential curve; thence southwesterly, 13.21 feet along the arc of a circular curve, concave southeasterly, having a radius of 28.66 feet, through a central angle of 26°24'20" and being subtended by a chord which bears South 32°46'23" West, 13.09 feet; thence South 09°24'32" West, a distance of 14.84 feet; thence South 01°13'42" West, a distance of 31.78 feet; thence South 10°13'43" West, a distance of 11.71 feet to a point of curvature; thence southwesterly, 5.26 feet along the arc of a circular curve, concave northwesterly, having a radius of 10.00 feet, through a central angle of 30°09'17" and being subtended by a chord which bears South 25°18'22" West, 5.20 feet; thence South 40°23'00" West, a distance of 6.99 feet to a point of curvature; thence southwesterly, 4.93 feet along the arc of a circular curve, concave northwesterly, having a radius of 10.00 feet, through a central angle of 28°14'38" and being subtended by a chord which bears South 54°30'19" West, 4.88 feet; thence South 68°37'38" West, a distance of 31.47 feet to a point of curvature; thence southwesterly, 3.39 feet along the arc of a circular curve, concave southeasterly, having a radius of 10.00 feet, through a central angle of 19°24'11" and being subtended by a chord which bears South 58°55'32" West, 3.37 feet; thence South 49°13'27" West, a distance of 17.86 feet to a point of curvature; thence southwesterly, 5.53 feet along the arc of a circular curve, concave Z:\HOSPICE OF NAPLES\SKETCH AND DESC\perserve legal 6-25-15.doc Page 1 of 3 EXHIBIT B 16B I RHODES&RHODES LAND SURVEYING, INC 28100BOMTA GBANDEBRIVF SUITE,4`107 BOMTA SPRINO4 FL 34136 PHONE(939)15.8168 PAS(939)1A-81&3 southeasterly, having a radius of 10.00 feet, through a central angle of 31°39'51" and being subtended by a chord which bears South 33°23'31" West, 5.46 feet; thence South 17°33'36" West, a distance of 25.67 feet; thence South 01°44'54" West, a distance of 30.36 feet; thence South 05°15'17" East, a distance of 60.79 feet to a point of curvature; thence southerly, 5.20 feet along the arc of a circular curve, concave westerly, having a radius of 10.00 feet, through a central angle of 29°48'47" and being subtended by a chord which bears South 09°39'06" West, 5.14 feet; thence South 24°33'29" West, a distance of 13.13 feet to the POINT OF BEGINNING. Containing 13,306 square feet or 0.305 acres, more or less. Subject to easements, restrictions and/or reservations of record. Bearings are based on the centerline of Whippoorwill Road as being South 00°25'52" East. RHODES & RHODES LAND SURVEYING, INC. FLORIDA BUSINESS AUTHORIZATION NO. LB 6897 Thomas E. Rhodes, Sr. Professional Surveyor and Mapper State of Florida, License Number 5854 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER R&R FILE NO. 2006-1463SKETCH PRESERVE2 DATE: 06/25/15 Z:\HOSPICE OF NAPLES\SKETCH AND DESC\perserve legal 6-25-15.doc Page 2 of 3 Z:\HOSPICE OF NAPLES\SKETCH AND DES0,2 06-1473 SKETCH PRESERVE2.dwg,Model,6 U l BIT AM . 20 i b B I ,_, n 0 w ci c)m ci c)c)cv t�p ,p m J OI N A U N 'ONI NOI1tl1005509L0004086' OI10j 3iid OOOMNAtlB 761.73" NUUUUU ➢ N00083B" W 0 0 0 0 6 0 0 0 0 0 0 co.O O O O tP 0 0 0 0 0 6, CP t.. r O ti 0 I I.�=,Om0 cnO A lPmm O b Y tw 6,"0* 1 N C 6 m m CO.tD t a I0 e^? 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'Otp VI 1.m O ,m�a�OG 00 DAq �rn D mown vZ D 'D C„2 In rl^i oAi rc�s nNP m n A 2cor ,nzc z r m -ImbZ Czm a O r z -13 3 8 -,‹ o a -co _-co A Z S 2 N 1 Ur o O n 11 Cri S � 00 •YY O A °al r mo rZ00 J 0CJ 0 z;U Za mp _ N 2 (N _n N r O A O� r ;t� U-1 A, 2 nm X00 m° vZicnU) �o C z ' (,d 0 A) R. > CD O co o) Z 0 ril U'CO 2 00 ° 2 I-'- it 0) '1 C) x O --.0 1. r.\.) rxi o ari Cl) C * w i - % 0 0 .. ,0 — O c--• x O 0 r+N Z Z --{ �_ II N L L06 39Vd '96l£ .6,'0 �016 39 f'd '961£ 2l 0 Cl, 3„8£,80.00 S — 3'71 8 3'0 31/2/,0£- in 4, 3'0 i6,/N,0£-� -4 c £1'5'91 ,00'VS91 3„ZS,SZ.0o S N 3NV7 771MN00ddfHM 7/O w © 0 O 1- ('9'0'9) • cm • O(D 3 0 0 C'O O a, 0 (0 pA n �w.O G7rt Cb 7-,* W Q K n X * to °1 es 43 ✓)� 0 1 rte... I A7 • • m-3• - ,.. "1 CD n • ten" a .. a n1 w ca CA • IC' ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO i- 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no lat r than Monday preceding the Board meeting. �,, L , t ,t f **NEW** ROUTING SLIP 511161 e0)1 ( Ar se Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alreadybbmplete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney er I 2. BCC Office Board of County -1)7\D Commissioners \i J ?`t k\' 3. Minutes and Records Clerk of Court's Office 1" 2.1L-111,6 3.► (SPm PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Cindy M. Erb Phone Number 239-252-8917 Contact/ Department Agenda Date Item was 02'1 1 a \ .X0 CO Agenda Item Number 1 7 Lo 2) I Approved by the BCC Type of Document Number of Original I Attached �J©n b...1"1 .m>z Documents Attached PO number or account Account: Fund , Cost C , number if document is Object Code 649 , olect jq, �2SO. 0?010 3q to be recorded 1 /-#/'�17 INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature? S(dAte" 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name; Agency; Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be O signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. .---. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's �+I f� signature and initials are required. wAv _ 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02 0,3\„9-O ■0 ,and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the (3,, BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16B 1 ;. Memorandum TO: Minutes & Records �N FROM: Cindy Erb, Property Acquisition Specialist, Sr., Real Property Management DATE: January 29, 2016 RE: Willoughby Preserve Pump Station This item is being accepted by the BCC under Resolution 2010-39 which was approved on February 23, 2010, Agenda Item 16B1. Please attest to Commissioner Fiala's signature as Chairman on the Donation Agreement. Once attested, please forward a copy of the Donation Agreement, by email, for my files. Also, please forward the Utility Easement and Right of Entry to the Recording Department for recordation. A recording form is attached. Please forward a copy of the recording receipt for our files. Also, if you receive the original Gap Affidavit, please forward to my attention for my files. Please contact me if you have any questions or comments at Extension 8917. Thank you! 16B 1 PROJECT Willoughby Preserve Pump Station FOLIO 00162040005 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between WILLOUGHBY DRIVE LLC, a Florida Limited Liability Company, (hereinafter referred to as "Owner"), by its undersigned Managing Member, whose mailing address is 5290 Golden Gate Parkway, Naples, FL 34116, and 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, (hereinafter referred to as "County"), whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, Florida, 34112, WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non-exclusive easement for the purpose of access, installation, and maintenance of utility facilities and other utility appurtenances, over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, County has requested that Owner grant to the County a temporary Right of Entry for the purpose of access, storage, and installation of utility facilities and other utility appurtenances to enter over, upon and across the lands described in Exhibit "B" (said Right of Entry hereinafter referred to as the "ROE"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via a Utility Easement and to grant ROE to County at no cost to the County, unless otherwise stated herein. i GP 16B 9. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by County. 2 0 16B 1 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: a\ .)--3) 0 f o a "ntia'4/Q the / —/e uric t p20 JO -3 9 AS TO COUNTY: DATED: 1\2..q`20∎la ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY O ,COLLIER ,,, ` COUNTY AND AS EX-OFFICIO THE • GOVERNING BOARD OFTNE COLLIER .•�', COUNTY WATER-SEWER DISTRICT 1:-.-- . Qtuit... -4 /--.)/(t �� AV • est as to C airman s ►epu `_r Donna iala, Chairman signature only., Approved as to form and legality: bki R Pepin 4 I Assistant Count Attorney 3 0 168 1 AS TO OWNER: WITNESSES: WILLOUGHBY DRIVE LLC, a Florida Limited Liability Company Witne . (Signature) BY: FLORIDA RENTAL SPECIALISTS rr// �l1 LLC, a Delaware Limited Liability Company itness#1 (Print Name) Its Managing M bet ! �45 1 WatiV1 BY: / " Witness#2( nature) JONATH; , SH HTMAN as Manager / MOM \A. 16?)\\AW\ Witness#2(Print Name) 4 A '_ 1 t 168 1 0:\2014\20149700-044\Sketch & Description\CUE.dwg (CUE-1) MJM Dec 08, 2015 - 1:14pm r - "` Page I of ■3 W z n n o -3 O T Or- O . .. r � (� d O a. 70 O 4 co °Z m 00"0 "41'W 90.01" m O n z 444 V1 ..< d $ Z OTC w : 168 1 EXHIBIT "B" THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RESERVATION OF A RIGHT OF WAY EASEMENT FOR ALL THE USUAL PURPOSES OF INGRESS AND EGRESS IN AND UNDER 30 FEET OF THE ABOVE DESCRIBED PREMISES, SAID LANES SITUATED, LYING AND BEING IN COLLIER COUNTY, FLORIDA. ALSO REFERRED TO AS TRACT #4, PALM RIVER EXTENSION, LESS 30 FEET FOR RIGHT OF WAY AND DRAINAGE EASEMENTS. DIMENSIONS OF TRACT #4 ARE 330 FEET BY 660 FEET, MORE OR LESS. TAX ID NUMBER: 00162040005 0 16B I PROJECT Willoughby Preserve Pump Station FOLIO 00162040005 INSTR 5225388 OR 5239 PG 2985 RECORDED 2/5/2016 9:39 AM PAGES 3 DWIGHT E BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC @_70$0 70 REC$27.00 RIGHT OF ENTRY KNOW ALL MEN BY THESE PRESENTS that WILLOUGHBY DRIVE LLC, a Florida Limited Liability Company, by its undersigned Managing Member, whose mailing address is 5290 Golden Gate Parkway, Naples, FL 34116, hereinafter known as Grantor, for and in consideration of Ten Dollars ($10.00) and other valuable consideration to it in hand paid, does hereby grant unto 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, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida, 34112, its successors and assigns, hereinafter known as Grantee, the temporary license and right to enter upon the lands of the Grantor, for the express purpose of: Temporary access and storage of equipment and materials on the property described in Exhibit "A" attached hereto. ALL RIGHT AND PRIVILEGE herein granted shall terminate one year beyond the official acceptance of the public improvements by the Board of County Commissioners of Collier County, Florida, or on completion of the project, whichever occurs first for the property described in Exhibit "A." ADDITIONALLY, the rights and interest conveyed hereunder are conditioned upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use of the lands described in Exhibit "A". Grantee further agrees that it shall, at the Grantee's cost, repair any damage caused to Grantor's property as a result of Grantee's negligence. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name this L 7 day of O \ �a l, 2016. WITNESSES: WILLOUGHBY DRIVE LLC, a Florida Limited Liability Company Wi ess#1 re) BY: FLORIDA RENTAL SPECIALISTS LLC, a Delaware Li ited Liability Company Witness#1 (Print Name) ` Its Managi'g M- • tier - BY: ness#2)Signature) JONA ;WM"-, HTMAN as Manager Lam, �'►LM cicZti� -- — —I / Witness (Print Name) THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA, PURSUANT TO THE PROVISIONS OF RESOLUTION NO. ,Z,.010._,7_7_4 9_ 166 1 STATE OF V\,1903 \P ('\2_ COUNTY OF V\.Jti \'�J The for going Right of Entry was acknowledged before me this m day of i•J‘n , 2016 by Jonathan Shechtman as Manager of Florida Rental Specialists LL , a Delaware limited liability company, as sole Managing Member of Willoughby Drive, LLC, a Florida limited liability company, who is periarTirt:Iridvisto me or who has produced as identification. (affix notarial seal) '!1 j .j,,j,i l (Signature' Not-ry Public) A 4 1AA V/. (Print Nam- of Notary 'ublic) NOTARY PUBLIC s Serial/Commission #: ■ �� ' My Commission Expires: 111Mt';,^,j17i CASEY M. SPELLMAN Notary Public,State of New York Approved as to form and legality: Registration#01SP6329364 Qualified In New York County Commission Expires August 24,2019 • ily R. P Assistant C.•my Attorney CA 168 1 EXHIBIT "A" THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RESERVATION OF A RIGHT OF WAY EASEMENT FOR ALL THE USUAL PURPOSES OF INGRESS AND EGRESS IN AND UNDER 30 FEET OF THE ABOVE DESCRIBED PREMISES, SAID LANES SITUATED, LYING AND BEING IN COLLIER COUNTY, FLORIDA. ALSO REFERRED TO AS TRACT #4, PALM RIVER EXTENSION, LESS 30 FEET FOR RIGHT OF WAY AND DRAINAGE EASEMENTS. DIMENSIONS OF TRACT #4 ARE 330 FEET BY 660 FEET, MORE OR LESS. TAX ID NUMBER: 00162040005 16B I PROJECT' Willoughby Preserve Pump Station INSTR 5225389 OR 5239 PG 2988 FOLIO: 00162040005 RECORDED 2/5/2016 9:39 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC @.70$0.70 REC$27.00 UTILITY EASEMENT THIS EASEMENT, made and entered into this 2 1 day of 3 Q_c\' 2016, by WILLOUGHBY DRIVE LLC, a Florida Limited Liability Company, by its undersign-oil Managing Member, whose mailing address is 5290 Golden Gate Parkway, Naples, FL 34116, 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, whose mailing address is 3335 Tamiami Trail East, Suite 101, 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 VACANT, UNIMPROVED, AND 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. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. i HIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIE NTY LOP'OA PURSUANT .THt OF RESOI J i- :ON NC; 24/Q -.3 9 168 1 WITNESSES: WILLOUGHBY DRIVE LLC, a Florida Limited Liability Company W essut": ••nature) BY: FLORIDA RENTAL SPECIALISTS � LLC, a Delaware Limited Liability Company r;5�b 1/€1/4.-,4 Witness#1 (Print Name) Its: Managing Morn• BY: Witess#2 ignature) JONA ;',0T' H' CNTMAN as Manager l� (,k: Qfi elr?%V _ // Witness (Print Name) STATE OF \ALLk) COUNTY OF Y v(A V --) - 1! The foregoing Utility Easement was acknowledged before me this d:'7"'lday of 2016 by Jonathan Shechtman as Manager of Florida Rental Specialists LL a Delaware limited liability company, as sole Managing Member of Willoughby Drive, LLC, a Florida limited liability company, who is p sonally n wst to me or who has produced as identification, (affix notarial seal) O. (Signature Notar Public) VA Print Nam of Notary( rY Public) NOTARY PUBLIC Serial/Commission #: O3 D2, 1tk My Commission Expires: ``4'A- 111 CASEY M. SPELLMAN Notary Public, State of New York Registration ft01 SP6329364 Approved as to form and legality: Qualified In New York County Commission Expires August 24,2019 e!'� ' `. mily R. Pepin Assistant Cty Attorney �r�, _ 168 1 1, 0:\2014\20149700-044\Sketch do Description\CUE.dwg (CUE-1) MJM Dec 08, 2015 - 1:14pm tX I Di! f ,t Pages_. _ i Qf-._d___."_.,. z P1 v) m rr7 0 0 l O 0 r o N Or 0 -u 0 0 � z rn z a r-� %.' 0 n op O D I- H,-, d m m ft7 O ( O C w 00 • o II z m (� Z H N00'08'41"W 90.01' m +� 0 O V) C d o Z c? Z co 7:4 HRH f ' � � r r 0 ° 500'10'12"E 153.33' .X ( 50010'12"E 60.00' z > o o n n al C/] d d n -t Z p w Oc 0 1-m r0 W O VI C�1 w F -1m -I n (- -o n Z rn Z o o O - (ID 0J 0 °D 0 70 �--1 CI) 0. a; C 0 m Z O H m = 00xv w 2J n CO omw -I -0 om K D � v) Cr m c -+ Z Ca n u - m m n K 0 -0 X Z --I o O n ° C) O m -I 1--I hyl x D TI Z c0 C rn 7: Z D m cf) _., o H ` O c--) CA N Z _ OI 0 000Co I U1100 0D T. °ZD-io c)CO N4 nCD m z -O O CID °m 41i 00� �"O o DC m2Q -,1 CA o-ii(n -1 '.10 o O - Z ('' X rD I N .0 Xm<O0n ZDD •• D DD CO Wn C. m mX I N oDn��� rZmmz m m m �z 70 n z r-o D rm-n O N N O -In m Z Z rTl P ('' D TI U) C'' fTl 0 mm 0 -•1-a m x Dv0 z in;m C. 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C r UIO �mr � Om A)C CD n A O M ('1 r- N -'I m cn _ "v DC� N W Z - m co D° °�) 11E H iD mom "� DT1D00 D -1 m DD m> m c =U) 1nz CI 0 K � om ° Z0 ED 0 Z 5 > X - moo to ZD nin D > D 7jy D mm 17 IQ—`" r- Z Am Z -H Z _p Z 1OCn PI m ° am mmmrr m1m ND z -8 -4 Z Or o � 1 r.' 000 -z 0ZD cn Om in TI m m P1' -n 0-I )1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 B 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney f Office no later than Monday preceding the Board meeting. ref-60Wist l**NEW** R OUTING SLIP �5'Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document' lrea com Iete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Coun Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Jennifer A. Belpedio, Esq., Asst. County Attorney (�, County Atty. Q 2 12 114/' 2. BCC Office Board of County F Commissioners \j / Z\C V 10 3. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION PA-2 2 1 (0 2- 'PRIMARY Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff C. Perry Peeples Phone Number 239-252-807 Contact/ Department / Agenda Date Item was February 23,2010 V Agenda Item Number 16-B-1 ��� Approved by the BCC Resolution 2010-39 Type of Document Underground Utility Easement Number of Original Attached Subordination,Consent&Joinder Documents Attached 2 PO number or account 412-273512-649030-71010.21.1 RECORDING FORM number if document is ATTACHED to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? CPP 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CPP signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC as stated above and all changes made CPP during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for t - q' I Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 168 Memorandum TO: Minutes & Records Management FROM: C. Perry Peeples, Real Property Management DATE: January 29, 2016 RE: Wilshire Lakes Water Looping The Board of County Commissioners approved the acceptance and recording of donations for capital improvement projects on February 23, 2010 in Agenda Item 16-B-1 (Resolution 2010-39). Attached is the original Donation Agreement for attestation. Please attest to Commissioner Fiala's signature as Chairman on the document. A recording form is attached for the Underground Utility Easement and the Subordination, Consent & Joinder. Please contact me if you have any questions or comments at Extension 8073 or perrypeeples @colliergov.net. Thank you. 168 1 PROJECT: Wilshire Lakes Looping PARCEL: Tract CR2 FOLIO: 82660001357 Utility Easement Accepted by the BCC Pursuant to Resolution No.2010-39 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between WILSHIRE LAKES MASTER ASSOCIATION, INC., a Florida not-for-profit corporation, (hereinafter referred to as "Grantor"), whose post office address is C/O Gateway Group 1532 Rio de Janeiro Ave. Punta Gorda, FL 33983, and 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, (hereinafter referred to as "County"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Grantor convey to the County a perpetual, non-exclusive utility easement for utility and maintenance facilities purposes and access over, under, upon and across the lands described in Exhibit "A" (said utility easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Grantor desires to convey the Property to County for the stated purposes on the terms and conditions set forth herein; and WHEREAS, Grantor recognizes the benefit to Grantor and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County. NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1 . Grantor shall convey the Property (Exhibit "A") via a Utility Easement to County at no cost to the County, unless otherwise stated herein. 2. Prior to Closing, Grantor shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Grantor shall provide such instruments, properly executed, to County on or before the date of Closing. 3. Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 4. Grantor is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Grantor represents, to the best of Grantor's knowledge, that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; to Grantor's knowledge, that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Grantor has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the (,)j 16B 1 Property to be conveyed to the County; that the Grantor has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Intentionally deleted. 7. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction shall be borne and paid by County. The cost of a title commitment shall be paid by County. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Grantor is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties have caused these presents to be executed as of the dates set forth below. ACCEPTED by BCC pursuant to Resolution 2010-39. AS TO COUNTY: n,� DATED: 5f CO( ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.,aRGCK, Clerk COLLIER COUNTY, FLORIDA wL • ag, . .y 11" . De•ut Cwl11► sig ature coy.. CHAIRMAN DONNA FIALA, DISTRICT 1 COMMISSIONER Approved as to form and legality: Jennifer A. Belp Assistant County Attorney 0`'i AS TO GRANTOR: DATED: (/11// (O 16B 1 �j c, fie� I/( (/ / (o W ITN E ES: fitness (Si t re) Name: 644_4/SlititiCi (Print) WILSHIRE LAKES MASTER ASSOCIATION, INC., a Florida not-for-profit corporation Ac Witness (Signature) Name: ._C,n l„, M,,A ;c , r. _w , (Print) By: A Print: ENIKIPMAIr Title: I I' J �i99 )�2 � etc'es 2r�1 � - 99)4 -01? - Sketch - Collier Utiluy Easement.-Rev-dwg (Sketch 1j bes Jul 02 ZT. 5 10:5'om z EXHI IT , \-_ __ _______ PG9e- of Z I cn�0 r-0� A z'-I T Z, T ° 1 I UL-I II D '� I I I , I , m p —I v, I '`4 z o co D o zc..7C .0 "� > I 1 , I I I PDm0 x Dm --, •--it0•Z' nr, -I m I om" � m + � 1 C o o _ r I n Cn i m 0?CyDCj I P ° I nU z mZo > 1 I xz a73 mEn � � ) -t_, o ZI I _. 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Clearwater, FL 33760 (hereinafter referred to as "BB&T"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, (hereinafter referred to as "CCWSD"). BB&T is used as singular or plural, as the context requires. WITNESSETH: WHEREAS, BB&T is the owner and holder of that certain Non-Taxable Agreement not to Encumber or Transfer Property by and between Wilshire Lakes Master Association, Inc. and Branch Banking and Trust Company and recorded on April 23, 2015 in Official Records Book 5143, Page 2187 et seq. of the Public Records of Collier County, Florida, (hereinafter referred to as "Agreement"), encumbering the premises legally described therein (hereinafter referred to as the "Encumbered Property"); WHEREAS, CCWSD has requested and received from the fee simple owner of the Encumbered Property a perpetual, non-exclusive Utility Easement over, under, on and across a portion 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"); and WHEREAS, CCWSD has requested that BB&T consent to, join in and subordinate its Agreement to the interest that CCWSD has in the Easement Property to which request BB&T has agreed. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, BB&T does hereby consent to, join in and subordinate its Agreement to the grant of that certain easement described herein over, under, on and across the Easement Property and any interest of CCWSD in any utility facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, on and across 16B I the Easement Property, or any utility facilities located therein or affixed thereto, said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, BB&T has set its hand and seal the date and year first written above. Atziki Branch Banking and Trust Company Print: �, cite/e 7,,,,,- , / '�.... �> By: j; � ! a Print: �v?///...; C/o f 0 Title: fool,/ V,?-k- 1)/'4✓1i/enr Print: /o V STATE OF (4f/ek COUNTY OF /-3i'jr°/4j. The foregoing Subordination, Consent and Joinder of Easement was acknowledged before me this 2b-th day of .;lQvibr&f , 2016 by -J,:velfc OfDLt 4 as Jleri,oi jii c PlrJar,-,f (Title), of Branch Banking and Trust Company, who iti personally known to me )or who has produced [t'y identification as identification. (affix notarial seal) Sh 11 7 (Signatur o ry' e Public) IT e TAMMY THORSBY ( Tom`M rr -11-1c-x-S Notary Public-State of Florida (Print Name of Notary Public ` Commission•FF 201256 NOTARY PUBLIC `c,p My Comm.Expires Mar 23,2019 ,,,, Bonded through National Notary Assn l) Serial/Commission #:cif any My Commission Expires: Approved as to Form and Legality: CdL)C Lf) Jennifer A. 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(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WITNESS ET H: 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, access and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A"which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. 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, utility lines and pipes, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining underground utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WILSHIRE LAKES MASTER ASSOCIATION INC., a Florida not-for-profit corporation By: Ir. O1 �I Print ��rYIYcid Wltne 'igg/nat}�re Title: " k,Itik ' Print. ris-tin r tL'isikar�J aka _ • 'Ls Witne Signature Print: O.,q-t a -c'4 c_.0 [NOTARIAL ACKNOWLEDGMENT ON NEXT PAGE] 168 1 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instent was acknowledged before me this AZ day of �Aalcl�4Ry , 204 by , as President, on behalf of WILSHIRE LAKES MASTER ASSOCATION, INC., who is personally known to me_ or has produced as identification. WITNESS my hand and official seal this 42 day of JA4 afer , 201 (affix notarial seal) f' '7a��e-6Dl1-G (Signatur of Notary Public) . - (Print Name of Notary Public) °'"ti;;.: JUDITH SMIECHOWSKI NOTARY PUBLIC "'} MV COMMISSION#EE848316 Serial/Commission: F.-ee5W73ir ` , XPIRES October 31,2016 My Commission Expires: /4/46, S91.4c Floods can Approved as to form and legality: Jennifer A. Belo Assistant County Attorney 0^ ' • 166 1 S:\20128999-012\Sketches\20128999-012 - Sketch - Collier Utility Ea'e i ent-Rev.dwg (Sketch 1) bes Jul 09, 2015 - 10:5-1a, z I C z � ° ooXHIBIT _ III <_ 0.-3 cA r, ° _ P ge_.._/of d._ I I ;� D � Z0 III �� � � zCA-3M0s 1 I 1 0�� ' m 4i o '1jx-lc A >m U) I m CA II 1 �N I om °oz _a 0' ��C3"1 a ac Z I �Zio D � 1 xm d - Of�D m 00 co I I J mD Po 4 rn.., CM tit o m N i I m o a �p ? NI 0 m, mD z 'i m °' 1 I Z o_______cr:y -1 n� c.Np a I m m� o I I — MI �� 4 SO4°33'34"E 60.01_ — r • O N simumi.. I -o CA ,i,o O = 0zm H 1 I I o cn 1 ", Z � � W I N � o = moo' rn I g I 0 1 1 � " o �m I V / I I m Al �� D mo H =r z 11 I � `1 oN w co= v ^' 1 X � T� 0 Z 1 m .1 ao I f � 0 -1 '� �$ -,1'o < C Am C G7 1 co 1_ Z I Dr I m x -n g CO xi 5 m 1 11 D. I v m < c) i2T. 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N m 0O 57 m 0Op a)Om Nz O- Z Z 0 r D 1.43"C p�Z O r rn m m DD �r N m N rn r rm- n p I O K m O rn Z --I P < mZ� N AWO OWD �D 0 m m v 0 u)0M -A m0Or W D(n CD m 'n m CO O x_,Z N C7 N --I 77-< -S(13 ZO N M Z 168 1 m _, S:\20128999-012\Sketches\20128999-012 - Sketch - Collier Utility Easement-Rev.dwg (Sketch 2) bes Jul 09, 2015 - 10:50am C) �^ 0 2 Z w r O °ao o EXHIBIT A XI --I 1-11 2i nxco r-�z * Page a' of C C >Z H -i zm>r D 2 °`ten 0 °=oro,� H yax xnyrj-i cn > • 0"a m C0 z cn H m rn P1 m O, m Z O co --1 -I N ITI ��� C 0 m mm O m D D r O In O co -AD � 1D r-�lpcncnmz mcn* c) r�7i D Z n =OZ DZOm >_DZ7oDm0- 0 OOm7) G z) r- 01�1� N00 �mM�N ND0n g rn � m D Z Z =� == m 0 z 1---'I li..� � m� m c� �o6 �� DrzO7om `- _1m0 Z x 0 O Z O N J -1--I D � Z n 0 H -ri frT��1 m 0rN0 D ••mnrr0 -'1NZ U7C -o Zm Ti Z rTt -4ZZ - O� 73 -n > D (n rn M CID0 z m n mm �O mO mD m /7 �� fr-T1--1 °x, m ccn -ISN73 L7OctoZmD= m r O O 0 0 ~ �r 20 � rn rUOZ � NNJ- i'irrl z -4-NN �Oy Vim,, Z OF> D DHiiiob - M(5/>) ZZmCO �O0 n� f0TI ^ C Sm co X = Z O U' Z 00I D� 00mcnr 1 7 Z 77 0 m m 0 m �1-*1 Z o O *M Z * c�c0 r=-< 0_MA 4m5 < �x7 �m1m0 -� mm -1+ z min-Di�7Z ° m zm mm �= 0 -i71 -ISOIH - O UGC x= r. m CZ A Om07 ^ �O _O0= Z t) I O rr0.1z OHO-Z � (�) moo N o�cm o0oo DrnOO rno z - z'��2) o 33. m N O� D m'• D f CO�1 � z m (-)Z 0 m m 0 cD1 p c� > Z �3 owru • o C =oU D2V. 4" Z CD 00 0r-cn0 7C-1 C I `" ^'cowrmm= rnDmm n o -1cn2mm -1-O Co 71-1,D '� z R.-:_°,70 OaN > (I)f0 MZ (.,;MO p --1 1 Z C 0 Kr : r=DNO Z �uwy,z In cD0 Nz� ON-CjCmOrm= m �C�� ��mmN - r- im-4W zCD COZ ...0L 'O= m0a7Z0 r m N pD—O :r • w 1 Z W -n �- D Z H °'rno°o� �m,.cn Imo°ozZ= m o � �n m Nf p4.jN H Z -A C) 0 -A Z° m 2 c pDc COI- -- m m cn 1E-X -DI m * -2-• N mOW � �O= N (n LA (j: H m 0 D °Z -I m 0) D r--y CU'- r N U � � _ :� fp .O r0r y m v Ivp0 � r zD -I* N :0 7mr (n Z o O N Z G7 0 i=m 0� O�I D �n> -i --� N `.m In N H N r1 (n — O m ra rn In to 0) cn 0 -1 0 r N :-C) oOpp �r7= H0rI r rn N � Z7 (n = =DfNTI OCmOzD 0M_ "Io�A � �zz Crr� H u) r- �mOm z ?� m D HZZZO D o2o (DC 03 , --I --1 1 M M 0 Z o � mm z0 = m --1 CO m i' cUii�m o .Aim• r V) zn n , z I 'b rn H ■:..... 0 o D Z m r w x N 1 0 N ORIGINAL DOCUMENTS CIIECKLIST & ROUTING SLIP • • TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document, The completed routing slip and original documents are to be forwarded to the County Attorney Office at the tune the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no tater than Nlooday preceding the 8oaril meeting. **NEW** ROUTING SLIP Complete rooting net#1 through 42 as appropriate for additional signatures,dates,and/or information needed. if the document is already complete with the exception ot the Chairman's signature,draw is line through routing Imes#1 through ti2,complete the checklist,and forward to the Count Attorney Office, Route to Addressee(s) (List in routing order) Office Initials Date 3. County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners W./Si 5, Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary Primary contact information is needed in the event one of the addressees above,may need to contact stall'for additional or missing information. Name of Primary Staff SUE JIM ZIMMERMAN Phone Number T-5ST2-2622 Contact Department Agenda Date Item was February 23,2010 s Agenda Item Number I 6131 Approved by the BCC Type of Document DONATION AGREEMENT Number of Original Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1, Does the document require the chairman's original signature? SJZ 2. Does the document need to be sent to another agency for additional signatures? If yes, SJZ provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney, 4. All handwritten strike-through and revisions have been initialed by the County Attorney's SJZ Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SJZ document or the final negotiated contract date whichever is applicable, 6, "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SJZ signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on Feb.23,2010(enter date)and all SJZ changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the 7\ BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. - I.Fomis,"County Forms/BCC Forms/Original Documents Routing Slip 1A11/S Original 9.03.04,Revised I 2605,Revised 2,24,05,Revised 11/30/12 166 1 MEMORANDUM Date: March 17, 2016 To: Sue Zimmerman, Property Acquisition Specialist Facilities Management Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Donation Agreement Folio #00432320002 Naples Retirement, Inc. Attached is the original as referenced above (Item #16B1) approved by the Board of County Commissioners February 23, 2010. The original has been kept by the Board's Minutes and Records Department as part of the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. i 4' i Attachment 3 `4. 41111MMIll 168 1 PROJECT: F2F Group II-PS 300.04 FOLIO: 00432320002 Accepted pursuant to Res.2010-39 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this jAtday of Hp IA , 2016, by and between NAPLES RETIREMENT, INC., a Florida not-for-profit corporation, (hereinafter referred to as "Grantor"), whose mailing address is 1000 Lely Palms Drive, F-147, Naples, Fl 34113, and 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, (hereinafter referred to as "County"), whose mailing address is 3335 Tamiami Trail East,Ste. 101. Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Grantor convey to the County a perpetual, non- exclusive Access and Maintenance Easement for the purpose of operating and maintaining structures and facilities, including but not limited to utility above and below ground infrastructure and various types of wastewater control structures within existing utility easement areas (water and wastewater) over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the"Easement Area"), which is attached hereto and made a part of this Agreement; WHEREAS, Grantor desires to convey the interest in the Easement Area to County for the stated purposes,on the terms and conditions set forth herein;and WHEREAS, Grantor recognizes the benefit to Grantor and desires to convey the interest in the Easement Area to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement Area requested by County;and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,it is agreed by and between the parties as follows: 1. Grantor shall convey the interest in the Easement Area via an Access and Maintenance Easement to County at no cost to the County,unless otherwise stated herein. 2. Prior to Closing, Grantor shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement Area, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Grantor shall provide such instruments,properly executed,to County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Easement Area. 4. Grantor is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Grantor represents that the Easement Area and all uses of the Easement Area have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Grantor has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Easement Area to be conveyed to the County, that the Grantor has not received notice and otherwise has no knowledge of a) any spill on the Easement Area, b) -° 1 j 168 1 any existing or threatened environmental lien against the Easement Area or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Easement Area. This provision shall survive Closing and is not deemed satisfied by conveyance of title. ', 6. Grantor shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Grantor's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Grantor. The cost of a title commitment shall be paid by County. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors,successor trustees,and/or assignees,whenever the context so requires or admits, 9. Conveyance of the interest in the Easement Area by Grantor is contingent upon no other provisions, conditions,or premises other than those so stated above;and the written Agreement,including all exhibits attached hereto,shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or r oral agreements,undertakings, promises,warranties,or covenants not contained herein. 10. If the Grantor holds the Easement Area in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Grantor shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Easement Area before the Easement Area held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange 4 Commission or registered pursuant to Chapter 517, Florida Statutes,whose stock is for sale to the general public,it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ACQUISITION APPROVED BY BCC PURSUANT TO RESOLUTION 2010-39 AS TO GRANTOR: t.r"" `-a ---1- -__,_ NAPLES RETIREMENT, INC.,a Florida not-for- itness(Signature) profit cor.. •tis,;r Air rte/.,$'�% t`c... e GE Name (Print or Type) By: _de' "�►.* -`.. Print: 073). 4.A 4AU_.... til! .. it i. . Title: R�toe -' g c I itness ( ignature) L h .4 . A * :YUC Name (Print or Type) 2 '1 (0) 16B AS TO COUNTY: Attest: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,AS THE GOVERNMG1rOtr1,„z OF COLLIER COUNTY AND AS THE:E.t7OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY_ WATER-SEWER DISTRICT DWIGHT BROCK,Cterk By: he..., ' tialtzimir By: 44711149 ...•11 "‘"'"' .*ep irm-r-er Donna Fiala,Chairman Attest signature only. Approved as to form and legality: By:_ Q I - -- Jen ifer A, BeltDe io, (41 Assistant County, torney GY v !s' 3 q") 1 6 B J. 4 Ihre tIT C4; g:?1 1 ..'! 6,0 8.."I 't ' ir'14 f1;44i1j I OM 4z 0010 n is ui sl 6. ''. :11:1191::rtf ''—' i' 1 0 PP" i411i M%A.. q+Pc771 418 g , / 6'1,' Pg-4 ill WE IF ;vbrl r 1,,l'a id el 1 Firi • -ttir 4i-gel' h ifq el W. 4g, i ''° 544;lis 0 04! Wi” 1 If" 104.. ! - P ,t."q: 4 04'.4 !!' :0!1 0. ;' ,17 itt Tza5.1.<11.4 AM V4 g ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 168 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE i'riut on pink paper. lttach In nrit:,inal dormment. I he completed routing .lip and documents;are to he forwarded to the( countlttorlio Office at the time the item is placed on the agenda. 111 completed routing-lips and o1i14inal dneionentc Inmst he reeeiwed in the Crmnt). lttorne% Office no later than Monday preceding the Boat d meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Coun Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office ` 2J 5'(R I t,p 2. BCC Office Board of County Commissioners /k `b 3. Minutes and Records Clerk of Court's Office 5 1c. 3:S-CP Executed COPY only returned to: Karen Dancsec- GMD/ROW PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec Phone Number 239-252-5805 Contact/ Department Agenda Date Item was 02/23/2010 J Agenda[tem Number I6.B.l Approved by the BCC (Resolution 2010-39) Type of Document Easement Agreement Number of Original Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature? KD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters, must be reviewed and signed El."2) by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the KD document or the final negotiated contract date whichever is applicableL 't' alas(la 6. "Sign here"tabs are placed on the appropriate pages indicating where the C 1Ps1 II P.' i • signature and initials are required. KD 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on_02/23/2010_ and all changes made N/A`,Is n4 during the meeting have been incorporated in the attached document. The County KD an option to Attorney's Office has reviewed the changes,if applicable. this lip 9. Initials of attorney verifying that the attached document is the version approved by the N/A is n BCC,all changes directed by the BCC have been made,and the document is ready for the an option f. Chairman's signature. tris lit► Please scan under BMR Real Property—60118— Parcel 353SWE I:Forms/County Forms/13CC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16B 1 PROJECT: 60118 — Cypress Way East Sidewalk Improvements PARCEL No(s): 99999-353SWE FOLIO No(s): 72670700085 AGREEMENT THIS AGREEMENT" (hereinafter referred to as the "Agreement") is made and entered into on this day of /}PRi'L. , 2016, by and between LAPLAYA GOLF CLUB, LLC, a foreign limited liability company, whose mailing address is 2600 Golden Gate Parkway, Naples, Florida 34105 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non-exclusive Sidewalk Easement for the purpose of construction and maintenance of a sidewalk over, under, upon and across the following described lands located in Collier County, Florida, to wit: See attached Exhibit"A", which is attached hereto and made a part of this Agreement; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall convey the Easement to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a CA 16E 1 properly executed easement instrument) is hereinafter referred to as the "Closing." Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the Closing Documents, properly executed, witnessed, and notarized where required, in a form acceptable to County. 3. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. CURATIVE INSTRUMENTS AND PROCESSING FEES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement. County shall have sole discretion as to what constitutes "reasonable processing fees." 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 7. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. CA 1 6 B 1 AS TO CS, NTY:( DATED: 4 ' . t_0 ATTE$'V ��, BOARD OF COUNTY COMMISSIONERS *WI . HT,Ey 13 OCK, Clerk COLLIER eUNTY, F RIDA ilk� - . ' &. ,--II' \I. 4: -1 ;' BY: / Deputy Cler. A st as t0 Chai0en,s.. Donna iala signature only. Chairman AS TO OWNS j: ce ID: /i /Zei tij/„:.:.-,,41/.1ii LAPLAYA GOLF CLUB, LLC, Witness (Signatur: / a foreign !united Iiabili mpa /444/9/ f/-/ : f ~ i f ' , Name (Print or Type) .. .Steph J. Lockwood, Manager P) .----_ -. / Witness (Signature) c x,,iL &INSKteta:c1 Name (Print or Type) Approved as to form and legality: A...._-....1111111 ' Assistant Co Attorney Y Last Revised 12'10/2014 0 H:\2015\2015009\0w\511\SKETCHES\sW EAtd g Tam ..am 01-I Det 23. 2013-3 24an petted b1. Nebloaal 1 6 B 1 loll GRAPHIC SCALE EXHIBIT 20 0 10 20 II r —IN FEET ) Page_.,Lof, ,,,"_ LINE BEARING DISTANCE L1 S 89'28'08" W 18.45' L2 S 00'31'52" E 5.74' L3 S 00'31'52" E 15.70' ' L4 S 87'53'52" W 19.92' H L5 S 54'21'32" W 13.37' L6 S 89'28'08" W 0.69' ~ COMMENCEMENT Q L1 N.E. CORNER TRACT "D" LU 1N 89'28'08" E z 31.55' '� O o POINT OF }- I Wq W U, BEGINNING Q o L4 (/) o "s ..y 1 CO L6 TRACT "D" ( ) I SAWGRASS OF NAPLES v / P.B. 30, PGS. 24-25 LICD LAPLAYA GOLF CLUB LLC Ct (CO 72670700085 I LEGAL DESCRFDON: 3 53 S W E 1 A PARCEL OF LAND LOCATED IN A PORTION OF TRACT 'D', SAWGRASS OF NAPLES, ACCORDING TO THE PUT THEREOF AS RECORDED IN PUT BOOK 30, AT PAGES 24-25 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT 'D", SAWGRASS OF NAPLES, ACCORDING TO THE PUT THEREOF AS RECORDED IN PUT BOOK 30, AT PAGES 24-25 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE RUN S8918'081W ALONG THE NORTH UNE OF SAID TRACT "D' FOR A DISTANCE OF 18.45 FEET; THENCE RUN S0011'52'E FOR A DISTANCE OF 5.74 FEET TO THE PONT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N S0011'521 FOR A DISTANCE OF 15.70 FEET; THENCE RUN S87'53'521/ FOR A DISTANCE OF 19.92 FEET; THE NCE RUN S54'21'321/ FOR A DISTANCE OF 13.37 FEET; THENCE RUN S89'28'08'W FOR A DISTANCE OF 0.69 FEET TO A POINT ON THE BOUNDARY OF SAS TRACT "0"; THENCE RUN NOO'31'52'W FOR A DISTANCE OF 23.99 FEET; THENCE RUN N89'28'08'E FOR A DISTANCE OF 31.55 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 556 SQUARE FEET HOLE MONTES, INC. TECM - ROW CERTIFICATE OF AUDI.•► TION LB 11772 NOV.� .,.; -� 0 2 2015 P.S.M. / 6278 • .; TON STATE OF FLORIDA sec- 950 Encore way PROJECT NO. 23-48-25 DRAW BY; DATE Naples, FL. 34110 1 5.009 " t0�'s HOLE MONTES Phone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION CNECktb 8V: -DRAWING NO. Ho RNINERS 511ROETCRS FloridaGrti(Ito}• of REFERENCE NO. JUN 8-7213-I Authorization No.1772 sW EAS ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP B I TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 V THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. !t (II **NEW** ROUTING SLIP IC. (� Cq Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Jennifer Belpedio, County Attorney JAB Assistant County Attorney 11.4- i 17 2. BCC Office Board of County l Commissioners \ / � l`Ak 3. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above may need to contact staff for additional or missing information. Name of Primary Staff Jay Malamphy Phone Number 239-252-840 Contact/ Department Agenda Date Item was 2/23/2010 Agenda Item Number 16B1 Approved by the BCC Type of Document 'Resolution 2010-39 Number of Original 2-Donation Agreement& Attached Documents Attached Utility Easement PO number or account 414-263614-649030-70046.355 RECORDING FORM number if document is ATTACHED to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? JM 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,which must be reviewed and signed by the Office of the County Attorney) 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC as stated above and all changes made JM during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the / BCC,all changes directed by the BCC have been made, and the document is ready for the • 110 Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 166 1 Memorandum TO: Minutes & Records Management FROM: Jay Malamphy, Real Property Management DATE: April 4, 2017 RE: Basin 306 Duplex PS 304.07 8048 Bayshore Drive On February 23, 2010, Agenda Item 1661, the BCC approved Resolution 2010-39 authorizing the current Chairman to sign donated easements or fee simple parcels in connection with capital projects. Please attest to Commissioner Taylor's signature as Chairman on the Donation Agreement for the Naples Botanical Garden, Inc. property. Once the attestation is complete, please email me a copy of the fully executed Donation Agreement. A Recording Form is attached for the Subordination, Consent and Joinder of Easement, and for the Utlilty Easement to complete the transaction. The Recording Form states the original Utility Easement should be returned to your office. Please call me at x8402 to coordinate meeting at recording. Please contact me if you have any questions. Thank you! 168 I PROJECT: Basin 306 Duplex PS PARCEL: 61837720000 and 61837760002 ADDRESS: 8048 Bayshore Drive PUMP STATION#: 304.07 DONATION AGREEMENT IIS', THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between NAPLES BOTANICAL GARDEN, INC., f/k/a The Botanical Garden, Inc., a Florida not-for-profit corporation, (hereinafter referred to as "Owner"), whose mailing address is 4820 Bayshore Dr., Suite D, Naples, FL 34112 and 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, (hereinafter referred to as "CCWSD"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive Utility Easement for the purpose of constructing, operating, maintaining, repairing and/or replacing a pump station and related facilities over, under, upon and across the lands described in Exhibit "A" hereinafter referred to as the ("Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey an easement on and over the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey an easement on and over the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the easement on and over Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall grant a Utility Easement over the Property to County at no cost to the County, unless otherwise stated herein. 2. Prior to Closing, County will inform Owner of encumbrances, and Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. To the best of my knowledge and belief, Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and 1 16B �. Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by County. The cost of a title commitment shall be paid by County. 7. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 8. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 9. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 10. This Agreement is governed and construed in accordance with the laws of the State of Florida 2 16B 1 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year set forth below. DATE ACQUISITION APPROVED BY BCC: 2- �d AS TO COUNTY: DATED: I' ATTEST!*--"'•-• BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA,AS THE • GOVERNING BODY OF COLLIER COUNTY N 'fi t, AND AS EX-OFFICIO THE GOVERNING: �, Vw" \� BOARD OF THE COLLIER COUNTY D=• lerk WATER-SEWER DISTRICT signature only. By: .�Z: ,J11 PENN►y TAYiost , Chairman AS TO OWNER: NAPLES BOTANICAL GARDEN, INC., a Florida not-for-profit corporation WITNESSES By: l . Witn ss (Signat ) Print: 1 &/vV S Name: I _Ctrok.., L aLt—e (Print) '{CncLtV 4 Its: -- 14.6 Witness (S nature) Name:AYYYX/ M• Erl"Gku11 (Print) Approved as to form and legality: JenniferA. Belpe � Assistant County Attorney 037 i 3 0 16B 1 m m 0 > m D m= 0 1 m m n n cv' O m Z C)'D -.- m p 0p; UJ - - W w - o z n DO Dr) { 70 K 0D 0 D 17 A N .. - t11 LMJ I m >() m co rn u r m o • n O-= . . 7j0to �0cnr - 11v II c O O cZG � � f K< 0p K K 00 -C[D .. C) zz00 C) Zz00 Z O rrn N -< MN C] r<T1 Oa Z v U) 01 V In In mE5m �I vNrD DN_ D D S !n < OZ�� C� -� O O o _ N <O r r Tl fT f - r.S Cr)0 N Ur m O O ND :Di 73 ' N0°44'08"W 45.00' d:. �. y • c 1= SO°44'08"E 20.00' z n ' O co co —r r c N Z C/) NJ '.. n CSO_ co Q C j t�i CO o 0 C v1 O' W_ N GJ .. ,N `1 CA S N o c m J \ :37 y C . JW w m CO C+.) • C.) C�.) m v _ Q r y Cm > Q� Q -0mti QZZ N .- N vQC O = Q Q Q o n O 5 _ SO°44'08"E 20.00' a RIGHT-OF-WAY LINE Ll a < O cn W _ BAYSHORE DRIVE N.; r.) of N ^i,.. C O c C c: ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 169 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. > t� **NEW** ROUTING SLIP F-0,,,,, f I1 ' Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the docum2fit is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney s,cue) 4 1141 2. BCC Office Board of County Commissioners \11 AVAVA 3. Minutes and Records Clerk of Court's Office y I (VI f Vtlicto,r, PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Cindy M. Erb Phone Number 239-252-8917 Contact/ Department Agenda Date Item wasA enda Item Number / Approved by the BCC a J ��.l? g / &4 1 \/ Type of Document . Number of Original Attached J O\O o f'_ 'fl1 /Y( Documents Attached PO number or account Account: Fund , Cost''Center number if document is Object Code 649030, Project )0 , 39 to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? l 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name; Agency; Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02)M/01010 ,and all changes made during the meeting have been incorporated rn the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 166 1 Memorandum TO: Minutes & Records FROM: Cindy Erb, Property Acquisition Specialist, Sr., Real Property Management DATE: April 12, 2017 RE: Wal-Mart Artesa Point- Murphy USA - Wal-Mart Stores East, LP Property Identification Numbers: 81076000040 & 81076000105 This item is being accepted by the BCC under Resolution 2010-39 which was approved on February 23, 2010, Agenda Item 1661. Please attest to Commissioner Taylors's signature as Chairman on the Donation Agreement. Once attested, please forward a copy of the Donation Agreement, by email, for my files. Also, please forward the Utility Easement and Utility Facility Warranty Deed and Bill of Sale to the Recording Department for recordation. A recording form is attached. Also, if you receive the original Gap Affidavit, please forward to my attention for my files. Please contact me if you have any questions or comments at Extension 8917. Thank you! 168 1 Wal-Mart Artesa Point-Murphy USA Wal-Mart Stores East,LP Tax ID#81076000040&81076000105 Accepted by BCC pursuant to Resolution 2010-39 INSTR 5393188 OR 5384 PG 1134 RECORDED 4/19/2017 8:58 AM PAGES 4 DWIGHT E.BROCK,CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC@.70$0.70 REC$35.50 UTILITY EASEMENT THIS EASEMENT, made and entered into this da between WAL-MART STORE y °f 2017, S EAST, LP, an foreign limited pa nersl1ip, whose post office address is: 702 SW 8th Street, Bentonville, AR 72716, as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, as Grantee. (Wherever used herein the terms"Grantor"and"Grantee"include all the parties to this instrument and their raspective 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 there under, 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. S 16 B 1 IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. WITNESSES: 2147011. ' gAA_--- ---- WAL-MART STORES EAST, LP, a Witness(Signature) Delaware limited partnership Name: W. 0/h) )-Helir, (Print) WSE MANAGEMENT, LLC, a Delaware 04 limited liab'lity company, as General Partner Wale� 1�U J - BY: . ____ Witness(Signature) Name: Nl�,4 1�. MUD Name: 9✓r" I<ceSk— (Print) Print Title: 12 ' I (L.___ STATE OF (kn" 6\ COUNTY OF t o,. The foregoing Utility Easement was acknowledged before me this S dayof rr \ 2017 by �.a�c k, if 51t Q, " (Name), re, of- (Title), as General Partner of WSE Management LLC, a Delaware limited liability company, on behalf of Wal-Mart Stores East, LP, a Delaware limited partnership, who is personally known to me or who has produced as identification. WITNESS my hand and official seal this day of .\c)( .\ 2017. affix notarial seal) 40RYAN PETTIGREW (Signature of Notary Public) S,;NOS MY COMMISSION#12369408 (���� '9�.Z,.. EXPIRES:January 23,2019 f� ,r ��•••' Washington Coon ''���;`� County (PrintName of Notary'Pjblic) NOTARY PUBLIC Serial/Commission#:(if any) My Commission Expires: Appro ed as tofo and legality: Jennifer A. Belpedio,As ' ounty Attorney 1 168 1 ,',t I , tt IrlI T1 . _ 1 __r c_—.. (POC DESC. NORTHWEST CORNER LOT 4 P.8. 49, PG. 14 (BEARING BASIS) 589'58'30`E 144.95' O —NORTH LINE OF LOT 4- — —� T — — — — .- I PARCEL 00725841007 I a Q O.R 4167, PG. 805 J I L5 I 2.5' , i m POS DESC. LOT 4 -1 5' COUNTY UTILITY WAL-MART AT ARTESA EASEMENT z W POINTE PUD 15' P.B. 49, PC. it O P B. 49, PG. 14 GR. 4251, PG. 872 UO 0 LOT 1 WAL-MART AT ARTESA LOT 3 POINTE PUD I WAL-MART AT ARTESA I._-J.._ POINTE PUD P.B. 49, PG. 14 P.B. 49, PG. 14 0 a LINE TABLE CI LEGEND _INE BEARING LENGTH !.i OESC. • DESCRIPTION _' O.R. - OFFICIAL RECORDS 800K L1 S00'03'30'W 17.50' INST. • PAGE L2 SO0'00'33-E 109.15' P.B. - PLAT BOOK PG. - PAGE L3 S89'59'271, 15.00' P08. = POINT OF BEGINNING • v POC = POINT OF COMMENCEMENT L4 N00'00'33w" 109.17' Z L5 S89'58'301_15.00' 0 12.5 25 50 1"-50' 4,, DESCRIPTION A TRACT OR PARCEL OF LAND LYING IN LOT 1 AND LOT 4, WAL MART OF ARTESA POINTE PUD AS 8 RECORDED IN PLAT BOOK 49, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 4, WAL-MART AT ARTESA POINTE PUD, AS RECORDED IN PLAT BOOK 49, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER COLNTY, FLORIDA, THENCE S.89'56'30"E., I a ALONG THE NORTH LINE SAID OF LOT 4 FOR 144.95; THENCE S.00'03'30"W., DEPARTING SAID NORTH LINE FOR 17.50 FEET '0 AN INTERSECTION WITH THE SOUTH LINE OF A COUNTY UTILITY EASEMENT AS SHOWN ON SAID PLAT AND RECORDED IN OFFICIAL RECORDS BOOK 4251, PAGE 872, OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED , PARCEL; THENCE S.89'56'30"E. ALONG SAID SOUTH LINE FOR 15.00 FEET; THENCE S.00'03'33"W. DEPARTING SAID SOUTH LINE, FOR 109.15 FEET TO AN INTERSECTION WITH THE i 6 EASTERLY PROLONGATION OF A JOG IN THE EAST LINE OF LOT 3 OF SAID PLAT; • THENCE N.89'59'27"W., ALONG SAD PROLONGATION AND JOG IN SAID EAST LINE FOR 15.00 FEE`: THENCE N.00'03'33"E., DEPARTING SAID EAST LINE FOR 109.16 FEET TO THE POINT OF BEGINNING OF 'HE Rs PARCEL DESCRIBED HEREIN; 5 CONTAINING 1.637 SQUARE FEET OR C.04 ACRES, MORE OR LESS , BEARINGS MENTIONED HEREINABOVE ARE BASED ON IHE NORTH LINE OF SAID t0T 4, WHICH BEARS k S.89'56'30"E. . 2 7/04. NOTES: TIM TO HY J. DO.RiES ,DATE A 1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF LOT 4, PROFESSIONAL SJWJI`YOR AND MAPPS.i WHICH BEARS S.89'56'30.E. FLORIDA CER. IGS'E NG G 6758 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO ZONING OR NOT VALID WITHOUT-'H;: ^,;tatuRE AND THE DEVE_OPMENT RESTRICTIONS ON THE SUBJECT PARCEL. ORIGINAL RAISED SEAL !'F A FL;;RIDA LICENSED SURVEYOR AND MAPPER THIS IS NOT A SURVEY SKETCH AND DESCRIPTION COUNTY UTIUTY EASEMENT 6610 Naapow Park W..Sulo 200 LYING IN LOT 1 AND 4,WAL-MART AT ARTESA POINTE PUD ples,Fbrida 34109 PLAT BOOK 49,PG 14 Phone 12391 597-0575 SECTION 3,TOWNSHIP 52 SOUTH,RANGE 28 EAST Fax:(239)597-0578 COLLIER COU,,,, 7NTY.FLORIDA ENGINEERIWNG LBNo..6952 3 51S 1 26E =50' 7/13/16 JMP I J 1001 .E F 1 130063.00.17 SD2 I 1 r;F 1 _ 1 6 B 1 ,, ; ; ,_ ;, , _ .2_ ,,,, 1 POC /— NORTH LINE OF THE . PEST CORNER LOT 4 / PLAT OF VIAL-TART AT — — — _P B 49, PG. 14 _ ARTESA POINTE PUU (BEAR NG BASIS) / S89'36'30"E 626.38' j a, 1 .__ .-_ . — L j L2 2 5' -15' COUNTY urturr EASEMENT 1..5' P.B. 49, PG. 14 OR. 4251, PG. 872 J 7 V 25 'p LOT I *AL-MART AT ARTESA POINTE PUO 14 P B. 49, PG. 14 a n R LEGEND g DESC DESCRIPTION 0.R. - OFFICIAL RECORDS BOOK LINE TABLE _ i INST. - PAGE 3 P 8. - PLAT BOOK LAE BEARING LENGTH i PG. - PAGE d P00. - POINT OF BEGINNING L 1 S00 03'30"W t 7.50' • POC. - POINT OF COMMENCEMENT L2 S89'56'301 15.00' LL 13 S00'03'30'W 67.08' L4 1489'56'30'W 15.00' LS N00'03'301 67.08' a 3 DESCRIPTION A TRACT OR PARCEL OF LAND LYING IN LOT 1, WAL-MART OF ARTESA POINTE PUD AS RECORDED IN PLAT b BOOK 49, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 4 OF SAD PLAT OF WAL-MART AT ARTESA POINT PUG, THENCE S 89'56'301., ALONG THE NORTH LINE SAID PLAT FOR 626.58; THENCE 5.00'03'30"W., DEPARTING SAID NORTH LINE FOR 17.50 FEET TO AN INTERSECTION WITH THE SOUTH LI LINE OF A COUNTY UTILITY EASEMENT AS SHOWN ON SAID PLAT AND RECORDED IN OFFICIAL RECORDS BOOK 4251, PAGE 872, OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE S.89'56'30-E, ALONG SAID SOUTH LINE FOR 15 00 FEET; THENCE S.00'03'30-W., DEPARTING SAID SOUTH LINE FOR 67.08 FEET; V THENCE N.89'56'30"W., FOR 15.00 FEET: THENCE N 00"03'30-E., FOR 67 08 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; CONTAINING 1,006 SQUARE FEET OR 0.02 ACRES, MORE OR LESS , .•9tv�Y J. 0, 8 n BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE NORTH LINE OF SAID PLAT i ����41 %IT I T,S'.' POINTE PUO BEARS S 89'56'18-E. %r•y � �R A • h .! -.)6§Y ] Q <:: ILIA Air NOTES. I l' TIM THY J. ; SFS f"ZATS - � BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF OF THE PRO-ESSIONA,• :1.i9ltQR AND,:AAP*ER PLAT OF WAL-MART Al ARIESA POINTE PUD, TO BEAR S.89"56.18''E FLORIDA CERT*;CA TE,-tj CS.675e 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TC ZONING OR NCT VALID WITHOI:i Tht SP:NArUPS. AND TItr DEVELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL ORIGINAL RAISED SGL cJi A SURVEYOR AND MAPPER THIS :S NOTA SURVEY SKETCH AND DESCRIPTION WCOUNTY UTILITY EASEMENT 66(0200 LYING IN LOT 1,WAL-MART AT ARTESA POINTE PUD Naples,(239)59 34109 PLAT BOOK 49,PG 14 Phone 597-057875 SECTION 3,TOWNSHIP 52 SOUTH,RANGE 28 EAST Fax:(239) COLLIER COUNTY,FLORIDA ENGINEERING LB No. e952 B NtIvBER 130063.00.17 3 I 51S [ J26E 1"=50' 7413/16 1 JMP.. I 001 SD3 I 1 1 16 8 1 Wal-Mart Artesa Point-Murphy USA Wal-Mart Stores East, LP Tax ID#81076000040&81076000105 INSTR 5393189 OR 5384 PG 1138 Accepted by BCC pursuant to Resolution 2010-39 RECORDED 4/19I2017 8:58 AM PAGES 6 DWIGHT E.BROCK,CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC@.70$0.70 REC$52.50 UTILITY FACILITIES WARRANTY DEED AND BILL OF SALE THIS INDENTURE made this .) day of , 2017, between WAL- MART STORES EAST, LP, a Delaware limited partnership, whose post office address is: 702 SW 8th Street, Bentonville, AR 72716, (hereinafter referred to as "Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (hereinafter referred to as "Grantee"). WITNESSETH: That said Grantor, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration to said Grantor in hand paid the Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee and Grantee's heirs, successors and assigns, those potable water utility facilities and/or system(s) or portion(s) thereof as specifically described on Exhibit "A" attached hereto lying in , on, over and under the following described land, for operation, relocation, installation, repair and/or maintenance of said facilities, system(s) or portion(s) thereof, all situate and lying and being in Collier County, Florida, to wit: See attached Exhibit"A" which is incorporated herein by reference. See attached Exhibit "B" which is a sketch or other graphic representation that depicts the physical location of the utility system being conveyed. And said Grantor does hereby fully warrant the title to said utility facilities and/or system(s) or portion(s) thereof, be they realty, personalty, or mixed, and Grantor will defend such title against all claims of all persons whomsoever. For the purposes of this conveyance, the utility facilities, system(s) and/or portion(s) thereof conveyed herein shall not be deemed to convey any of the lands described in either exhibit. Grantor and Grantee are used for singular or plural, as the context requires. A sketch or other graphic representation showing the location of the utility facilities, etc., being conveyed is attached as Exhibit "B". TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, relocate and/or take or introduce materials for the purpose of constructing, relocating, operating, repairing and/or otherwise maintaining 16 B I utility systems thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. WITNESSES: ____Jiiiii �' �� WAL-MART STORES EAST, LP, a Witness(Signature) Delaware limited partnership Name: 11/1^440/, Hof, (Print) WSE MANAGEMENT, LLC, a Delaware limited liabi ' co pany, as General Partner U12, t% a1J1, r I r ikO pA6(K BY: Witness(Signature) Name: t\AH- (e �(;�-'(-ILLS Print Name: i«cj !L yrs (Print) Print Title: 5 k_. n t STATE OF \(k.6-6 ti S COUNTY OF 0 e The foregoing Utility ] acilities Warranty D ed and Bill of Sale was acknowledged before me thisday off \ , 2017 b --\ \0",i,5 j/ , t V (Name), <. 0, (�t{or y Partner of WSE Management LLC, a Delaware limited liability (Title), as General Mart Stores East, LP, a Delaware limited partnership, who is personally known y, on at oflf Wal- Mart or who has produced as identification. WITNESS my hand and official seal this I day of �iQf I 2017. (affix notarial seal) ( Igna e of Notary Public) IIL"^�.s. RYAN PETTIGREW R 1 Li-i k1 . MY COMMISSION n 12369408 (Print Name of Notary Pt lic) $r ...; EXPIRES:January 23,2019 NOTARY PUBLIC A a Washington County Serial/Commission#:(if any) My Commission Expires: Approved as to for a d legality: Jennifer A. Belpedio, tant ounty Attorney 1 166 1 r;CHiBIT "t1IL i''�^S�of—�'-- POC DESC. NORTHwfST CORNER LOT 4 P.B. 49. PG. 14 (BEARING BASIS/ S89'56'30'E 144.95' _ -'NORTH LINE OF LOT 4- - PARCEL 00725841007 t O.R. 4167, PG. 805 �i L5 ZT - - - - - �oo _ - - _ _ _ - _ _ - L - ¢m LOT 4 POB DESC. 15 CQUNTY UTILITY WAL-MART AT ARTESA EASEMENT 8 Z PD!NTF PUD P.B. 49, PC. 14 3 P.B. 49, PG. 14 �� OR, 4251, PG 872 0 LOT1 WAL-MART AT ARTESA LOT 3 POINTE PUD WAL-MART AT ARTFSA t. __ P.B. 49, PG. 14 PO NTF PUO P.B. 49, PG. 14 a LINE TABLE LEGEND LINE BEARING LENGTH 8 DESC. - DESCRIPTION --- _ �� O.R. - OFFICIAL RECORDS BOOK Lt S00'03'301N 17.50' INST. = PAGE P.B. - PLAT BOOK L2 S00'00'33'E 109.15' g St PG. - PAGE 1.3 S89'59'2711 15.00' A POB. - POINT OF BEGINNING 4 POC. = POINT OF COMMENCENENi 1.4 N0000'3311/ 109.17' L5 589 56'30"E 15.00' 0 12.5 25 SO I 1..50' DESCRIPTION ' A TRACT OR PARCEL OF' LAND LYING IN LOT 1 AND LOT 4, WAL- MART OF ARTESA POINTE PUD AS i3 RECORDED IN PLAT BOOK 49, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 4 COMMENCING AT THE NORTHWEST CORNER OF LOT 4, WAL-MART AT ARTESA POINTE PUD, AS RECORDED IN u PLAT BOOK 49, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THENCE S,89'56'30"E„ ALONG THE NORTH LINE SAID OF LOT 4 FOR 144.95; THENCE S.00'03'30"W., DEPARTING SAID NORTH LINE FOR 17.50 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF A COUNTY UTILITY EASEMENT AS SHOWN ON SAID PLAT AND RECORDED IN OFFICIAL RECORDS BOOK 4251, PAGE 872, OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED r PARCEL; THENCE S.89'56'30"E. ALONG SAID SOUTH LINE FOR 15.00 FEET; THENCE S.00'03'33"W. DEPARTING SAID SOUTH LINE, FOR 109.15 FFET TO AN INTERSECTION WITH THE EASTERLY PROLONGATION OF A JOG IN THE EAST LINE OF LOT 3 OF SAID PLAT; THENCE N.89'59'27"W., ALONG SAD PROLONGATION AND JOG IN SAID EAST LINE FOR 15.00 FEE': THENCE N.00'03'331., DEPARTING SAID EAST LINE FOR 109.16 FEET TO THE POINT OF BEGINNING OF -HE 8 PARCEL DESCRIBED HEREIN; CONTAINING 1,637 SQUARE FEET OR C.04 ACRES, MORE OR LESS BEARINGS MENTIONED HEREINABOVE ARE BASED ON IHE NORTH LINE OF SAID LOT 4, WHICH BEARS S.89'56'30"E. 7/0(0 NOTES: 11M•THY J. D rIES 1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH L+NE OF LOT 4, PROFESSIONAL SURVEYOR AND M,;NP: WHICH BEARS 5.89'56'30'E. 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO ZONING OR NOTFLOVAIDALID CER'Fr 0',j NG.^.T oki DEVELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL. ORIGINAL RAISED SEPI. F& fl..RE AND THE ^ R. RIDA LICENSE) SURVEYOR AND MAPPER HIS IS NOT A SURVEY SKETCH AND DESCRIPTION COUNTY UTILITY EASEMENT 6810 Willow Pa Dr.Sulu 200 LYING IN LOT 1 AND 4,WAL-MART AT ARTESA POINTE PUD Naples,3bride 34109 PLAT BOOK 49.PG 14 Phone 12391 597-0575 SECTION 3,TOWNSHIP 52 SOUTH,RANGE 26 EAST fax:(239)597-0578 COLLIER COUNTY,FLORIDA ENGINEERING LB No. 6952 - ",:FR 4 ''!,'. 4-.,.t1 a R,.I-r r ..'L e4n tl c!iI r„-tieE 130063.00.17 I I 3 I 51S 1 26E I 1"=50' 17413/16 1 JMP 1 001 5D2 1 1 LL i 16B I f, rr ,.-i- ‘kAll E. F d _ Z _ _ • . '`r ,-- NORTH LINE OF THE //'POC. PLAT Of WAL-MART AT ,PNB a9 HwEST PC. 14 CORNER LOT 4 7!! (BEARNG BASIS) _ _ ._._ _ e 589'58'30'E 628.58' ARTESA POINTE PUD _ L2 Z5 -15' COUNTY UTILITY EASEMENT 15' P.B. 49, PG. 14 OR. 4251, PG. 872 As J 1.gsG, — LOT 1 WAL-MART AT ARTESA PGINTE PUO 14 P 8. 49, PG. 14 i P t LEGEND ! OESC. • DESCRIPTION O.R. - OFFICIAL RECORDS BOOK UNE TABLE i INST. . PAGE y P.B. - PLAT BOOK L•NE BEARING LENGTH PG. . PAGE d P08. - POINT OF BEGINNING L 1 S00 OJ'301r 17.50' A POC POINT Of COMMENCEMENT L2 S89'38'301 15.00' . 0 13 S00'03'30111 67.08' 1.4 N89'56'30'W 15,00' 15 N00'03'30-E 67.08' w T 3 DESCRIPTION A TRACT OR PARCEL OF LAND LYING IN LOT 1, WAL-MART OF ARTESA POINTE PUD AS RECORDED IN PLAT • BOOK 49, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA AND BEING MORE PARTICULARLY P. DESCRIBED AS FOLLOWS: ' COMMENCING AT THE NORTHWEST CORNER OF LOT 4 OF SAID PLAT OF WAL-MART AT ARTESA POINT PUD, THENCE 5.89'56'30"E., ALONG THE NORTH LINE SAID PLAT FOR 626.58; THENCE S.00103',30-W., DEPARTING SAID NORTH LINE FOR 17.50 FEET TO AN INTERSECTION WITH THE SOUTH W UNE OF A COUNTY UTILITY EASEMENT AS SHOWN ON SAID PLAT AND RECORDED IN OFFICIAL RECORDS BOOK n 4251, PAGE 872, OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; 4. THENCE S.89'56'30"E, ALONG SAID SOUTH UNE FOR 15.00 FEET; 5THENCE 5.00'03'30'W., DEPARTING SAID SOUTH LINE FOR 67.08 FEET; THENCE N.89'58'30'1'1., FOR 15.00 FEET; ,` THENCE N,00'03'30"E., FOR 67 08 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; CONTAINING 1,006 SOUARE FEET OR 0.02 ACRES. MORE OR LESS 8 SAY J. o� t�_. BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE NORTH LINE OF SAID PLAT CF.•t .\\14--. 48T,E4,A' PO+NTE PUD BEARS S 89'56'18'E. C., k _ v *let �� •Y Q 0-,.....-...7 ...t. NOTES. TIM THY J. 9rififi/G L$EIfS �`f',1DATL P 1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF OF THE PROcESSIONA, [YQR ANO.:AAP'ER PLAT OF WAL-MAR) At ARIESA POINTE PUO, 10 BEAR S89'56'18 FLORIDA CERIK;CA V.4 Cs 714 _• 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO ZONING OR NOT VALID WITHOt.fr 'hf SKAATu(;L AND TI+L 5 DEVELCPMENT RESTRICTIONS ON THE SUBJECT PARCEL ORIGINAL. RAISED SEAL of A I LORIDA LICENSED i SURVEYOR AND MAPPER THIS IS NOTA SURVEY. 1 SKETCH AND DESCRIPTION COUNTY UTILITY EASEMENT kli 6610 Willow Park Dr.,Suits 200 LYING IN LOT 1,WAL MART AT ARTESA POINTE PUD Naples.Florida X4109 PLAT BOOK 49,PG 14 Phone a*:(238)597-0578 (239)5870575 SECTION 3,TOWNSHIP 52 SOUTH,RANGE 26 EAST Far:B No 5 952 COLLIER COUNTY.FLORIDA ENGINEERING LBNo..b952 ' ,N.:i 130063.00.17 I I 3 1 515 1 26E 1"=50' 7/13/16 I JMP I 001 SD3 N 168 1 il I g Z ' lip Jill EXHIerr ,13 • ij 911 ii . r1,, _of h1 , �� ! Ii' 111 iIIIi All ,( 1h 1+ , +� r ,i , , , , , • . . . , , , , , , , , , , . . . . . . . . . . • II 0 1 • • . , • . . . . . . . . . . . .. . . . . • . . . .he . • . I tr] I 1 • • • Imo/ 31 C 1.'_ ._!.'w '�tri■my ".i.^._..._. '44. •- :�ollIKUI 1,II r 1'!1tii1r ` .41 1 . ! t:! . IN .4 r !1 1111 « 1... ,:...„ i• • ir. r , • , �1 1f Ill , . � - �hti- i � �41 111 iokE •� �1 ii: 4. .1:„. . . „ . ti �� 0 1 {'�� IIIi I , ng' .' 4 < t. jii . it +�.i'alA: z aVIt N j G li i :fit A.a �.• 111 i t o .: o , ,, ci_...,pri __,-,e_4_ 1,,!, __. vft ,, 3t 1 F •lir ...„.,. r, , # /1 I • 1 h., , 41 II: !. ,..,-,.„..., ,!,O; O 0::,, ;,1� 1 si 1, � ittoli ._. % I, . , . .. ._ ___7........_ .... • di ' • til 1 . $ if • 1 11 '. �' �- �_-- _—.'r-- '4'� „r fry ! : ; 1 ,! , , 'ii 1 Q P' .,: f II 10 i , !! , , 1 4, , . pi ; 0 '..c_a .__ ! ,I 1h1 I:Ii :, 1 IL ' : _ . j ; _/_._, I."j oao 1 0 # 0 Q bdr1b : : 'l ' ' °---:. , 1 . .,,�ter _ r — - * jf 168 1 Exhibit "B" Assets Being Conveyed Baseline B — approximately 110' of 10" Water Main (from Pasedo Drive to water meter). Baseline D — approximately 90' of 10" Water Main (from Pasedo Drive to water meter). 0 168 1 Wal-Mart Mesa Point-Murphy USA Wal-Mart Stores East, LP Tax ID#81076000040&81076000105 Accepted by BCC pursuant to Resolution 2010-39 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between WAL-MART STORES EAST, LP, a Delaware limited partnership, (hereinafter referred to as "Owner"), whose mailing address 702 SW 8t' Street, Bentonville, AR 72716, and 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"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive easement for the purpose of access, installation, and maintenance of utility facilities and other utility appurtenances, over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via a Utility Easement to County at no cost to the County, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; 168 1 provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by County. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall 2 16B 1 make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: 411 i 1 1017 AS TO COUNTY: I DATED: 41 1 Al7_,0 n . ATTEST. BOARD OF COUNTY COMMISSIONERS DWIGHT t13ROCK, Clerk AC.� COLLIER COUNTY, FLORIDA, AS THE t '� GOVERNING BODY OF,. COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD • - OF THE COLLIER COUNTY WATER-SEWER DISTRICT (',, ' '0 . � �LW . .��..:i►i/1 BY: � / 1.z-v (� /4 „',,. est as .'Chairman,') .utar--r PENNY TAYLp4R, ChaYman OWird slt!' e as to form an. egality: Jennife , Bel edio As ' n County ty Attorney AS TO OWNER: 771idiel )4 WAL-MART STORES EAST, LP, a Witness(Signature) Delaware limited partnership Name: NO10/6..s HeA"y (Print) BY: WSE MANAGEMENT, LLC, a Delaware limited liability company, as General Partner tr, BY: 4 �_ Witness(Signature) Lc, it-s LI i irn Name: fl �� " \ ` r jPrint Name: (Pent) `� Print Title: P 1 IR- 3 168 I. i .--7•-•• %tel . Z POC DESC. NORTHWEST CORNER LOT 4 P B. 49. PG. 14 (BEARING BASIS) S89'56'30'E 144.95' 'NORTH LINE OF LOT 4- -- g PARCEL 00725841007 -I T — — - - d O.R. 4167, PG. 605 +� 15 L� i 1 I _ _ _ - POB DESC. -t 5' COU1vTV UTILITY LOT s EASEMENT 5 WAL-MART AT ARTESA PO NTE PUO 15' P.B. 49, PG. 14 §i P.B. 49, PG. 14 OR. 4251, PG. 872 LOT I WAL-MART AT ARTESA LOT 3 POINTE PUD I WAL-MART AT ARTESA 1• P.B. 49, PG. 14 POINTE PUD P.B. 49, PG. 14 1 UNE TABLE g LEGEND LINE BEARING LENGTH OESC. • DESCRIPTION L3 $ O.R. - OFFICIAL RECORDS BOOK LI SO0'03'30'W 17.50' INST. = PAGE P.B. = PLAT BOOK 12 50000'33"E 10915' PG. • PAGE l3 S89'59'2719 15.00' POB. • POINT OF BEGINNING __ + POC. = POINT Of COMMENCEMENT L4 N00'00'33114 109.17' 15 S89'56'30"E 15.00' 0 t2.SZ 25 50 DESCRIPTION A TRACT OR PARCEL OF LAND LYING IN LOT 1 AND LOT 4, WAL MART OF ARTESA POINTE PUD AS 8 RECORDED IN PLAT BOOK 49, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING i MORE PARTICULARLY DESCRIBED AS FOLLOWS: r COMMENCING AT THE NORTHWEST CORNER OF LOT 4, WAL—MART AT ARTESA POINTE PUD, AS RECORDED IN g PLAT BOOK 49, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLCRIDA, THENCE S.89'56'30"E., 4 ALONG THE NORTH LINE SAID OF LOT 4 FOR 144.95; THENCE S.00'03'30"W., DEPARTING SAID NORTH LINE FOR 17.50 FEET -0 AN INTERSECTION WITH THE SOUTH LINE OF A COUNTY UTILITY EASEMENT AS SHOWN ON SAID PLAT AND RECORDED IN OFFICIAL RECORDS BOOK 4251, PAGE 872, OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; $I THENCE S.89'56'30"E. ALONG SAID SOUTH LINE FOR 15.00 F EET; THENCE S.00'03'33"w. DEPARTING SAID SOUTH LINE, FOR 109.15 FEET TO AN INTERSECTION WITH THE EASTERLY PROLONGATION OF A JOG IN THE EAST LINE OF LOT 3 OF SAID PLAT; TI-ENCE N.89'59'27"W., ALONG SAD PROLONGATION AND JOG IN SAID EAST LINE FOR 15.00 FEE`: THENCE N.00'03'33"E., DEPARTING SAID EAST LINE FOR 109.16 FEET TO THE POINT OF BEGINNING OF 'HE g PARCEL DESCRIBED HEREIN; iCONTAINING 1,637 SQUARE FEET OR C.04 ACRES, MORE OR LESS , ti R BEARINGS MENTIONED HEREINABCV_ ARE BASED ON IHL NORTH LINE OF SAID LOT 4, WHICH BEARS i. S.89'56'30"E. ______ ______''''.(9. 2__ 7//06, NOTES: T! D A,ES ;,,,TE 1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH UNE OF LOT 4, PROFESSIONAL SUfNEYOR AND M:,Ya°;; 14 WHICH BEARS S.89'56'30'E. FLORIDA CERG SCI NG 0758 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO ZONING OR NOT VAUD WITHOUT ,'FM. ^,`b,t;;RE AND THE DEVELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL. ORIGINAL RAISED SEAL, ^FSA FL;RIGA LICENSED SURVEYOR AND MAPPER. THIS IS NOT A SURVEY SKETCH AND DESCRIPTION COUNTY UTILITY EASEMENT W 6610 tAM1bw Pork Dr.,Supe 200 LYING IN LOT 1 AND 4,WAL-MART AT ARTESA POINTE PUD hone(239)i 597-057575 PLAT 800K 40,PG 14 ) 97.05 SECTION 3,TOWNSHIP 52 SOUTH,RANGE 26 EAST Fax:(239)597-0578 COLDER COUNTY,FLORIDA ENGINEERING LB►b.:6952 ^.B NUMBER I ;EVISION SECTION ITokiNsJ,P PAN:7;E CA DATE EPAv1A By F!tE "IeME SHEET 130063.00.17 _ 3 515 1 26E I 1"=50' 7413116 JMP 1 001 SD2 I 1 OF 1 168 1 „. -A ' : z RIC NORTH LINE OF THE NORTHWEST CORNER LOT 4 PIAT OF WAL-MART AT - _ _ P.849, PG. 14 / ARTESA POINTE PUO (BEAR'NG BASIS) `// S89'56'30'E 628.58' 1 J z -15' COUNTY unuTY EASEMENT 5. P.B. 49, PG. 14 OR 4251, PG. 872 22S��'S``"J�J�, 50 J J G__SS LOT I /YAL--MART AT ARTESA •�+ PCINTE PUD IA P 8. 49, PG. 14 P b r-, LEGEND DESC. = DESCRIPTION 0.R. - OFFICIAL RECORDS BOOK LINE TABLE INST. PACE 4 P.B. • PLAT BOOK I NE BEARING LENGTH PG. • PAGE L I S00'03'301Y 17.50' E POB. - POINT OF DECINNING e POC- - POINT OF COMMENCEMENT L2 S89'56'30'E 15.00' c AL3 S00'03'30W 67.08' 14 N89'56'30'W 15.00' L5 NOO'03'30'E 67.08' 4 8 DESCRIPTION 1 A TRACT OR PARCEL OF LAND LYING IN LOT 1, WAL-MART OF ARTESA POINTE PUD AS RECORDED IN PLAT i1 BOOK 49, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY h DESCRIBED AS FOLLOWS: 4 COMMENCING AT THE NORTHWEST CORNER OF SOT 4 OF SND PLAT OF WAL-MART AT ARTESA POINT PUD, THENCE S.89'56.301., ALONG THE NORTH LINE SAID PLAT FOR 626.58; THENCE LINE OF A COUNTY UTILITY EASEMENT AS NORTHLINE ON FOR17 PLAT AND RECORDEDT INSOFFICIALN WIRECORDS TH THE SOUTH 4251, PAGE 872, OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; Ss THENCE S 89'56'30'E, ALONG SAID SOUTH LINE FOR 1500 FEET, 3 THENCE S.00'03'30"W., DEPARTING SAID SOUTH LINE FOR 67.08 FEET; THENCE N,89'56'301N., FOR 15.00 FEET; THENCE N.00'03'30"E., FOR 67 08 FEET TO THE OINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN: CONTAINING 1.006 SQUARE FEET OR 0.02 ACRES. MORE DR LESS ,.,.0`kky J. ?f 8 •BEARINGS HEREINABOVE MENTIONED ARE BASED ON IHE NORTH LINE OF SAID PLAT O v m 46. 'i LSA'' POINTE PUD BEARS S.89'56'18"E. ?( 4 ; ' 0741 �, ' z r At, NOTES; TIM THY J. ..)..4IES �'•' ,MT ?P. '. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH UNE OF OF THE PROs ESSON,.... :1J }EY,�R ANp,:TAP ER PAT OF WAL-MART Al ARIESA PCINTE PUD, TO BEAR S 89'56'18"E FLORIDA CERT6;;A E.s0 CS 675$ 2. THIS SKE'CH DOES NOT MAKE ANY REPRESENTATION AS TO ZONING OR NCI VALID WITHOUT -rte Srr,NAru , AND Ti L £ DEVELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL, ORIGINAL RAISED SEAL OF A viCRIDA LICENSED SUR E-YOR ANO MAPPER THIS :S NOT A SURVEv SKETCH AND DESCRIPTION 1j1COUNTY UTIUTY EASEMENT 6610 Willow Park Dr..Suite 200 LYING IN LOT 1,WAL MART AT ARTESA POINTE PUD Naples,Florida 34109 PLAT BOOK 49,PO 14 Phone(239),7.0676 SECTION 3,TOWNSHIP 52 SOUTH.RANGE 26 EAST Fax LB No.597.2576 COLLIER COUNTY,FLORIDA ENGINEERING No..64?5z 130063.00.17 3 51S 26E _ 1"=50' _ 7/13/16 _ JMP _ 001 SD3 1 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ' t i t aviik l ei--- **NEW** ROUTING SLIP 8 7 Pea" r yCet 4' Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is difeady complete with the it/to-e exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Fc tv¢w - Route to Addressee(s) (List in routing order) Office Initials Date 1. Jennifer A. Belpedio, Esq. Asst. County Attorney County Atty. County Attorney's Office 2. BCC Office Board of County fir- (1‘i / Commissioners 3. Minutes and Records Clerk of Court's Office i ` 604(i(, 2_Obf m PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff C.Perry Peeples Phone Number 239-252-8073 Contact/ Department Agenda Date Item was February 23,2010 Agenda Item Number 16.B.1 • Approved by the BCC / +�' Type of Document Donation Agreement- Number of Original 3�t/ Attached Utility Easement-Subordination Documents Attached PO number or account Account: Fund 412, Cost Center 273512, RECORDING FORM number if document is Object Code 649030, Project 71010.43 ATTACHED to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,wh' Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? ' •t--N e 0 CPP 2. Does the document need to be sent to another agency for additiona signatur-:'. If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the CPP document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CPP signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on October 25,2016,and all changes made CPP during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 8 1 Memorandum TO: Minutes & Records Management FROM: C. Perry Peeples, Real Property Management DATE: July 27, 2017 RE: Pelican Ridge Water Rehab-7400- AB&B The Board of County Commissioners accepted this donation and approved the recording of this Utility Easement in connection with a capital project pursuant to Resolution 2010-39, approved as Agenda Item 16.6.1 on February 23, 2010. Attached is the original Donation Agreement for attestation. Please attest to Commissioner Taylor's signature as Chairman on the Donation Agreement. An original Utility Easement, original Subordination and recording form for both are also attached. Please contact me if you have any questions or comments at Extension 8073. Thank you. 168 1 Memorandum TO: Virginia Neet, County Attorney's Office FROM: Perry Peeples, Real Property Management DATE: July 27, 2017 RE: Pelican Ridge Water Rehab-7400 - AB&B This donation is a part of a capital project and accepted by the BCC pursuant to Resolution 2010-39, adopted as Agenda Item 16.B.1 on February 23, 2010, authorizing the current Chairman to sign Donation Agreements accept Utility Easements. Attached, please find the Donation Agreement, along with the requisite "pink slip" for routing of the document for the Chairman's signature. Also attached is a Memo to Minutes & Records for the attestation of the Chairman's signature on the Donation Agreement, along with the original Utility Easement and Subordination for recording and a Recording Form to complete this transaction. Please contact me at extension 8073 with any questions. Thank you! 168 1 PROJECT: Pelican Ridge Water Rehab PARCEL: 7400 Trail Blvd. FOLIO: 67340120007 Donation Agreement approved by the BCC Pursuant to Resolution 2010-39 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between AGNOLI, BARBER & BRUNDAGE, INC., a Florida corporation, (hereinafter referred to as "Owner"), whose mailing is 7400 Trail Blvd., Suite 200, Naples, FL 34108, and 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, (hereinafter referred to as the "County"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH WHEREAS, County has requested that Owner convey to the County a perpetual, non-exclusive utility easement for the purpose of utilities and maintenance over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County. NOW, THEREFORE, in consideration of these premises, the sum of Ten ($10.00) Dollars, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via a Utility Easement to County at no cost to the County, unless otherwise stated herein. 2. Prior to the date of closing (the "Closing"), Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the Public Records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless the Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. Page 1 of 3 16 B I 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and agrees to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment and title insurance policy, if required, shall be paid by County. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose Page 2 of 3 16B I stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the parties have caused these presents to be executed the dates set forth below. Approved by BCC pursuant to Resolution 2010-39 AS TO COUNTY: Dated: ,4 o,1 ', bo! 1 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,:AS THE GOVERNING ATTEST: BODY OF COLLIER COUNTYAND AS EX-OFFICIO Dwight E Brock,"Clerk THE GOV BOARD OF THE COLLIER COUNTY 410E-SEWER DIST ICT 1 o J .1�;�. Penny Taylor"By: st as to chairman's ,'1'9''u '1'9''u , Taylor" airman signature only, AS TO OWNER: Dated: 7P-1/)017 AGNOLI, BARBER & BRUNDAGE, INC., --�--- a Florida corporation, `2e- Witness Signatures By: � di Print Name: 1 , •C-205e, Print: Dot»14/e ' J T- A m / -Al" Its: g t ,.lig/� ness Signatu Print Name: Dare+ ger-act ger-actI Approved as to form and le lity: Jennifer A Belpedio , Assis n ounty Attorney 0 41 Page 3 of 3 EXHIBIT /) i 6B Page .o - AG� , �:2s --3 12 7 /' / § I w ` 2 7 ) � Q — m rZ \ ) q t 03\ § \) k oz } \ ( � ) §� $ � A \ § / ) Qcm 40 « §2 �k° )~ )\\ $VI? I- r., �q Z\\ {› (/ \d . )@ rI \ ( d ( �/ m 7' /j • «§ � j \ \( © } -4 . / /s//- --- . �\ r/ _ @ £Gsi m% 12 zIAzm /\at\ 111.611:::::.\P i II' \k\ \/ ,/m o �� ■ wg ` ` -e es 11 ° \ } 2 ' § ` \ !§ m iIP \§ | \Q ] en i1 1 � ` d @ ®3 |II I . g918m §a I/ , " §2.. ui ° ! 1-( i ra�§ ` k q ` r- m \ , § 5;} |�5 ( ƒ / , , $ =-` ° 0 1 N \ 1-� � » EXHIBIT A 16 B 1 Page 2 of__L__ 4' IAA 4A Tr 3z r g2 2 j+ 118 y OZiu/�->i ¢C _+ IDA All mLNga" n� 55 N Q m P 1 IAAQ m§cuA§ z z^� A R no ti�^�m�S ,z 4AJlig >�0 �Aa > > 4 a2 n[�05 pp pp N /1� T x C)O A 54(A A� gi ASA >> o z N 8z zz a Q2 > §; Ntl> 1O~yA Rg R xp71 g O ��i>jgu , CX2zn z3 mmfPm �v mmt5m > _,„, a .,0 M il4 il rlh. il AR 4 "> im 4 m A 0x x ;'9 a g i R ,,:,8 y 2 U yZ X, > A Q z 1 !el. A > A xi rR w L> + u !•3 :- Agg4 z C• P! o>� g p m N z • Fm °Az e w z � 82 . ti 1 H E ' /149, 9 _ u r a g , �� � A ; 1 i rl i _ :$ f z i/4 10 = i i � 3 8 zi NI i gC if RtV Z b> N offs 1 64x A WI It;l ,)2 _r > g rz�t 9i O 111 $ io° w Al ! N I/ P €s: 6 <A f7 1 2c LtA t3 AA 11 y i g ( R6 \.., . /,.® / m *N, .its- 168 PROJECT: Pelican Ridge Water Rehab INSTR 5438358 OR 5423 PG 1259 PARCEL: 7400 Trail Blvd. RECORDED 8/7/2017 4:31 PM PAGES 4 FOLIO: 67340120007 DWIGHT E.BROCK,CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA This Easement accepted by the BCC DOC@.70$0.70 REC$35.50 Pursuant to Resolution 2010-39 UTILITY EASEMENT THIS UTILITY EASEMENT, made and entered into this I day of J r t 2017 by AGNOLI, BARBER & BRUNDAGE, INC., a Florida corporation, as Grantr, whose address is 7400 Trail Blvd., Suite 200, Naples, FL 34108, 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, whose address is 3335 East Tamiami Trail, Ste. 101, 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 ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege for utility purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A"which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS PROPERTY IS NOT THE HOMESTEAD OF GRANTOR TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials including, but not limited to, water and sewer lines and pipes, water meters, fire hydrants, service and pump stations, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The utility easement granted herein shall constitute an easement running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. (SIGNATURE PAGE FOLLOWS) 168 1 WITN : : S: / AGNOLI, BARBER & BRUNDAGE, INC., Witness #1 -Signature) a Florida corporation Du Iota tJ e rez44 I Witness #1 (Print Name) By: 194"14:11j6 I ai444:17 b osis J. --r--,.....,A) r.-. OcCe- .Print: .J• A���o Witness #2 (Sature) Its: P/4 '51 dent —T74-►rf-k Imo. 2c.se Witness #2 (Pnt Name) STATE OF Mori c4G. COUNTY OF Co ((i 67' The foregoing Utility Easement was acknowledged4Defore me this 2`I day of Ju IL) , 2017 by !)tnv A i c k._ J Alnico as Pie_ S l d€{t t of Agnoli, Barber & Brundage, Inc., who is [ .f]' personally known to me or who has [ ] produced as identification.f -EA_my hand and official seal his 2 1 day of - �_[IA , 2017. ANDREA ANDERSON ,� qY P 9 ' s.$', `c Notary Public-State of Florida ` a o ari6gI n # FF 230064 - ,,-.07,4,4' My My Comm.Expires Aug 17,2019 ' (Signature of Notary Public) Bonded through National Notary Assn A7-01-t",.. AYr'er-901 (Print Name) NOTARY PUBLIC Serial/Commission #: F F 306‘Li My commission expires: Act9 11, Zoi 9 Approved as to form and legality: o<� Jenni io \\ Assistant County Attornee EXHIBIT ii-1 1 6 B1 Page .of 2- \\I -..._ ------ - ,ZI:52 I sz .00 s i r t v v U, O nrzQ co w mb z w mx g v z z A 73 > ocn CO oaA m X Z o m 1 VI yi Z m N n 0 O U z > v ' m PaN • TA 0mA • O m *1 V M 2 L.1 � r CD V_I- rZn 00 j m O m r_ Z r 'n 0 '�in z Pa n m .m m m x N(7 -13 N r CD .D Z O >. > O x 0 >0> R - --1 ' > v z> wrn O 2 -C >C A m A 2 v iy r o �rn m O z CD m rn _... -4yr -. m C Z 1 r,"-- /-7-------- C 0u"ter Z N33 c.,o • Z N 2 W A r rj m Cornwz. 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IF: fooLlgAz �4e 71 <r� r_ '^ 2! ••° ° � N mz M Cl 2 g mb 71 Ra \______. n u Y ° Si T Y D 0 1a 168 1 PROJECT: Pelican Ridge Water Rehab PARCEL: 7400 Trail Blvd. FOLIO: 67340120007 SUBORDINATION, CONSENT AND JOINDER OF EASEMENT ,THIS SUBORDINATION, CONSENT AND JOINDER OF EASEMENT given this day of f ; , 2017 by VALLEY NATIONAL BANK, successor to CNLBANK, whose address /s 1700 Palm Beach Lakes Boulevard, Suite 1000, West Palm Beach, FL 33401 (hereinafter referred to as "Mortgagee"), 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, whose address is 3335 Tamiami Trail East, Ste. 101, Naples, Florida 34112 (hereinafter referred to as "Collier County"). Mortgagee is used as singular or plural, as the context requires. WITNESSETH: WHEREAS, Mortgagee is the owner and holder of that certain Mortgage executed by Agnoli, Barber and Brundage, Inc., in favor of CNLBank dated June 5, 2009 and recorded June 8, 2009 in Official Records Book 4459, Page 3928; Assignment of Rents recorded June 8, 2009 in Official Records Book 4459, Page 3935; Modification of Mortgage dated June 5, 2013 and recorded July 29, 2013 in Official Records Book 4949, Page 1374; Uniform Commercial Code Financing Statement recorded June 8, 2009 in Official Records Book 4459, Page 3940; as amended in Continuation recorded April 30, 2014 in Official Records Book 5031, Page 3345, all of the Public Records of Collier County, Florida (hereinafter collectively referred to as "Mortgage"), encumbering the premises legally described therein (hereinafter referred to as the "Encumbered Property"); WHEREAS, Collier County has requested and received from the fee simple owner of the Encumbered Property a perpetual non-exclusive easement, license and privilege for installing and maintaining utilities over, under and across a portion 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"); and WHEREAS, Collier County has requested that Mortgagee consent to, join in, and subordinate its Mortgage to the interest that Collier County has in the Easement Property to which request Mortgagee has agreed. 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 Mortgagee does hereby consent to, join in and subordinate its Mortgage to the grant of that certain easement described herein over, under, on and across the Easement Property and any interest of Collier County in any utility facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, on and across the Easement Property, or any utility facilities located therein or affixed thereto, said Mortgage shall remain in full force and effect. (SIGNATURE ON FOLLOWING PAGE) 16B I IN WITNESS WHEREOF, the Mortgagee has set its hand and seal the date and year first written above. VALLEY) NATIONAL BANK / (2__ ( _) , A ,..-- .04,- ,- First Witness (Signature) // A t d ri:% � 'rc )i 7 Print: N✓t'c / �- a-)4 rtlrc_ �(P or Type) -„p.- �I *? Its: C �-c jSz z 1�,Zc j ,cry i'� Second Witness (Si nature) )trnher) , C3_'re04-60 (Print or Tye) STATE OFt5/1- COUNTY OF OLQQ The foregoing Subordination, Consent and Joinder of Easement was acknowledged before me this y4 - day of d-a.\ , 2017, by 3..- _.a -, k Ari 11-1-f--744 (Name) as e r-0. 1l1,,E i;v4tr c4J& (Title) on behalf of Valley National Bank, who is Oersonalfy known to m ls or who has produced as identification. (Affix notarial seal) P 4'-2 1 nat (Si g �r✓Ije o Notary)P /t ow KIMBERLY A 4Rl►TTpM ` u+YcoMMissanr �7 (Print Name of Nota ,,�;J Y' August Commission #r, : *,.,r,c-- -- (t3� �N0"'°�OiS' �«� My Commission Expires: EXHIBIT (--) 16 B 1 Page i of — . z L• . 2», I 1 a \ 4z1 \ a ( 9 § km © }A8 3. / 0 03 ao2 ) ]2 22q , gm )7 ~ $ z } 2g a ■¢ 77* u. 0 2 ,� tm$ �zm 0§ \\ � j\ ¥ fmk R P vkq _ 7\ m8 « &n > �f/ �4 /m f) � 2 m4 \ - - y� \§ ^ ` 2 . �� . . 0 �� a �-. t^ :lc @ z v)Z$ ■ %)§§ K . NNJ��° '$ ' � �_� tO*�w2 -I § § r y v.. if.' j/11 . ill , / § ■ i IIIJI , a �i� c|k\ §k222§/lit ` . 4 R 1 6 B 1 EXHIBIT A Page Z of 2 N-> AA -�� T31 >g ma -! O Al; (52%T; n� a> la im5 ;YVE,14:q 1 N N OR -, Any C 05 M M o rAi1-g SI >_ U)s p o; N > 0:§ Ai < i m : >� �� ,,1vN �Q 2 t>y 2,2 2 $$ 9 By M M O e m !j<'O T'A'IQ aq; d›, mir m. AR R”,, > N m FAS-1 179 a A A' F., mliuu XlOZ Q N >l OI P O N NA , i T z * Rg Ok P 0 m me p 2 ~ 0 9 M m Q > ce N ; 3f gg L7 w rgr,.R }ZA,��+ '. Cc3 S 2 , O by > A ,3 m 8 P O A ti 1„ n I 7I81>, U J. 4 N CT Mf YI Cq 0Wi f f1 _ 2 27!71 L� 1 1 IgA iM. $2' - S- A > N� Z Z N N rn gl 4 n $ Y i . - 5 91 mcA1. i 2 n I p ■.. ..._■( g • 0 11011% q <, g 3. ., 2 g OF: 0 c ; 1 g g . i' . ci •,-L n 7 Az 1+ j- isi4 N x eg �. � git a4:� '1 a AA i I $..2^ Ppb gitiY0 N N ti X ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP K _S VL )2(,S TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO6 B I THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURL� Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP ' QGOt l0 Complete routing lines 41 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already comp to ith the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Atto y Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney at`?1/7 .15 r 1 141 * 2. BCC Office Board of County 9'�t111 Commissioners 1 3. Minutes and Records Clerk of Court's Office \ l 1 h •-"\ ` /0/ 9\c\ \A PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Cindy M. Erb Phone Number 239:252-8917 Contact/ Department Agenda Date Item was c 1023 )__ 1°// Agenda Item Number /`^ Q r Approved by the BCC c.t2 6 1 Type of Document - 0---- 0�( � ,,,_\ F,r{ ..Q�,v -}— Number of Original I Attached �`" 1 ha/Yt i Documents Attached PO number or account Account: Fund er number if document is Object 30, Project to be recorded s. ,,, CI44-C7" INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. 1 nitial) Applicable) 1. Does the document require the chairman's original signature? -Fq r""P 0 ,,et unt, 2. Does the document need to be sent to another agency for addit al signatures? If yes, _ N/A provide the Contact Information(Name;Agency;Address; Phone)o -s eet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of theN/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. _ Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on a,,.3X01 0 ,and all changes made during the meeting have been incorporated in the httached document. The g County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the (� Chairman's signature. �" - I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 B I Memorandum TO: Minutes & Records :40\ FROM: Cindy Erb, Property Acquisition Specia ist, Sr ,)Real Property Management DATE: August 4, 2017 RE: Creekside IQ Water Main Project— RES Florida 1265 Holdings, LLC This item is being accepted by the BCC under Resolution 2010-39 which was approved on February 23, 2010, Agenda Item 16B1. Please attest to Commissioner Taylor's signature as Chairman on the Donation Agreement. Once attested, please forward a copy of the Donation Agreement, by email, for my files. Also, please forward the Utility Easement to the Recording Department for recordation. A recording form is attached. Also, if you receive the original Gap Affidavit, please forward to my attention for my files. Please contact me if you have any questions or comments at Extension 8917. Thank you! 168 1 INSTR 5439490 OR 5424 PG 974 RECORDED 8/10/2017 11i42 AM PAGES 6 PROJECT:CREEKSIDE IU WATER MAINDWIGHT E BROOK, CLERK OF THE CIRCUIT COURT PARCEL: RES Florida 1265 Holdings,LLC COLLIER COUNTY FLORIDA FAX ID# 29350000029 REC$52.50 ACCEPTED BY BCC PURSUANT TO RESOLUTION 2010-39 UTILITY EASEMENT THIS EASEMENT, made and entered into this "� day of 2017, by RES FLORIDA 1265 HOLDINGS, LLC., a Florida limited liabili . company, whose mailing address is 1370 Creekside Boulevard, Naples, FL 34108-1945, 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, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, its successors and assigns, as Grantee. tWherever 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, 10 water irrigation lines and pipes, service, and other equipment or improvements thereto or thereunder, for the purpose of constructing, operating, and maintaining utility facilities thereon. All uses of said land not in conflict with the installation, operation and maintenance of the proposed improvements are reserved to the Grantor, except that the Grantor shall plant no trees on the Property, nor within eight (8) feet of the proposed improvements. 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. 168 . IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: Diu 11/.1,, vtzt,�L t Witness#1 (Sig ure) RES FLORIDA 1265 HOLDINGS, LLC, a Florida limited liability company nOtic ess#1 (Print N)me) By: KRISDAN MANAGEMENT, INC, 1 �� r a Florida corporation iVti t�ness#2(Signature) (� N r21Tt O U I .. Its: Managing Member Witness#2(Print Name) Daniel Hall as Assistant Treasurer STATE OF F I Y 1C1C� COUNTY OF ULD I \r-r >( The foregoing Utility Easement was acknowledged before me this 3l day of J , 2017 by Daniel Hall as Assistant Treasurer of Krisdan Manageent, Inc., a Florida corporation, as sole Managing Member of RES Florida 1265 Holdings, LLC, a Florida limited liability company, who is personally known to m e or who has produced as identification. WITNESS my hand and official seal this DI day of �� l , 2017. (affix notarial seal) `t --�- ��a (Signature of Notary Public) ARACEusDELVALLE ( ''`"'�4ot S 1� I (Print Name of Notary Public) : MYCCMMISSICN1FFt 4559 * NOTARY PUBLIC . t •� , � EXPIRES:September 30,2018 s � F I .,j Bonded etf!,.:tlrys:ryKet Serial/Commission #:(if anyLI 559 fOff% My Commission Expires: LA 3)0 Approved as to form and legality: Jennifer A. Belpedio, Assis nt County Attorney rad' `� 16B 1 r POINT OF COMMENCEMENT IMMOKALEE ROAD(SR,'?4G) . - •- l A Ir I ,VC.RINWCST CORNER Gr LOT ,r 1 I CK£f KSIOE COMI.ER"E PARK W(S7 - ,w J( :'Nt7 ?74� �a PIAT 800K 35, PAGE 43 & 44 ° (T2A57s Of BLARINtV 1589'48'16'E 20.91' 689'48'15 F /73 9O' ----._ 1 —I POINT OF �` S16`4T59"E 108,75' I BEGINNING II 1 \ N 16'47'59"W 112.89'-/ I ICT 15 I 1 CREEK.we COMM4FY,f pARK *751 tT5't fSXIT. i,100'FPt ISO' 1 0$47 TWO - (ORb82-PG1975} ---- 1 905W.f5. PACE 43,4 44 I 1. I SO5"34'16"E 164.13' NO5°34'16"W 172.16`-- ...-5'rm.avr 5tl CR I (xa565-K,84) I Neto�Ist�25.AA SC.T. 7 0) i T CREEKS/LIE STREET f I I I CRFEKSIO C 44ME:R.'£0PARK WEST- LWrr IWO TRACT R(PER PLAT) I 11 "-R-25.00' PIA;80014 35. PACE 43 144 11 A=53°07'36" CB=S57°S2'16'W 1 11 C=22.36' _- __ -.__ --- L=23.18' DESCRIPTION A PARCEL OF LAND BEING PART OF LOT 15 OF CREEKSIDE COMMERCE PARK WEST - UNIT TWO RECORDED IN PLAT BOOK 35, PAGES 43 AND 44 EN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING WITHIN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST. BEING 4 MORE PARTICULARLY DESCRIBED AS FOLLOWS: 8 COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 15 ALSO BEING ON THE SOUTH RIGHT-OF--WAY LINE OF ;MMOKALEE ROAD (SR 846) THENCE RUN I' S89'48'16"E ALONG SAID LINE FOR 173.90 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING CONTINUE ALONG SAID LINE 589'48'16"E FOR 20,91 FEET; THENCE DEPARTING SAID LINE RUN S16'47'59"E FOR 108.75 FEET TO AN INTERSECTION WITH THE WEST LINE OF A 5.00 FOOT WIDE FLORIDA POWER & LIGHT (FPL) EASEMENT RECORDED tN OFFICIAL RECORDS BOOK 668, PAGE 383 IN SAID PUBLIC RECORDS; THENCE RUN 505'34'16"E ALONG SAID WEST LINE FOR i 164,13 FEET TO AN INTERSECTION WITH A NON-TANGENT CURVE AND THE $ NORTHERLY LINE OF TRACT R (CREEKSIDE STREET) OF SAID CREEKSIDE COMMERCE PARK WEST - UNIT TWO; THENCE ALONG THE NORTHERLY UNE OF SAID TRACT R ALONG SAID CURVE TO THE RIGHT, RADIUS OF 25.00 FEET, (DELTA 53'07'36") (CHORD BEARING S57'52'16"W) (CHORD DISTANCE 22.36 FEET) FOR 23.18 FEET TO AN INTERSECTION WITH A NON-TANGENT LINE; THENCE DEPARTING THE NORTHERLY LINE OF SAID TRACT R RUN N05'34'16'W FOR 172.16 FEET; THENCE A RUN N16'47'59"W FOR 112.89 FEET TO THE POINT OF BEGINNING. il PARCEL CONTAINS 13,195 SQUARE FEET OR 0.302 ACRES MORE OR LESS. 2 8 BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF LOT 15, PLAT OF CREEKSIDE COMMERCE PARK WEST-UNIT TWO, PLAT 900K 35, PAGE 43 & 44, PUBLIC RECORD OF COLLIER COUNTY, FLORIDA, WHEREIN SAID EAST LINE OF LOT 15 BEARS t 589'48'16"E. A 1• NOTES: T'IiIS IS NOT A SURVEY 'Pi BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF LOT 15, PLAT OF CREEKSIDE COMMERCE PARK WEST-UNIT TWO, PLAT BOOK 35, PAGE 43 & 44, PUBLIC RECORD OF COLLIER COUNTY, FLORIDA, WHEREIN ?:- SAID NORTH LINE OF LOT 15 BEARS S89'48'16"E. REVIN M. RISCASSI (FOR THE FIRM LB-642) PROFESSIONAL SURVEYOR AND MAPPER 3. 2. THIS SKECH DOES NOT MAKE ANY REPRESENTATION AS FLORIDA CERTIFICATE NO. 6433 3 TD ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL. DATE SIGNED: 3 3. PARCEL CONTAINS 5,619 SQUARE FEET NOT VALIO WITHOUT THE SIGNATURE AND THE (0,128 ACRES) MORE OR LESS ORIGINAL RAISED SEAL OF A FLORIDA _ICENSED SURVEYOR AND MAPPER J O I-I` ., ^ N JC2,7.5 [N s4-,N t Er-,SNC. N��111JJ' Z+zz n+.uN Sr cr UTILITY EASEMENT#3 I rcm WITS,r'�3„4aSD 11402-1450 SKETCH&DESCRIPTION ENGINEERING P'40 1399133.'47 `It 1:39) 33t_MAI I'M tF 0741 7,p. 1,n2,+4. C d. /6�2 Al �.9. F5�2 '� ({ SCALE , Wy 30,109 20149,0(-Lyt 27-..e-25 M Shr.n y 1 163 UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF KRISDAN MANAGEMENT, INC. The undersigned, being all of the members of the Board of Directors (the "Board") of KrisDan Management, Inc., a Delaware corporation (the "Corporation"), acting in accordance with Section 141(0 of the Delaware General Corporations Law, do hereby consent to, approve and adopt the following resolutions and waive all notice thereto: WHEREAS, the Board has or will accept appointment as manager of RES Florida 1265 Holdings, LLC, a Florida limited liability company ("1265 Holdings" or the "Company"); WHEREAS, the Board deems it desirable and in the best interests of the Corporation for the Corporation to effectuate the formation of 1265 Holdings by filing articles of organization with the Secretary of State of the State of Florida (the"Articles"); NOW, THEREFORE, IT IS HEREBY: RESOLVED, the Corporation accepts appointment as the manager of 1265 Holdings; FURTHER RESOLVED, the Board hereby grants Daniel Hall, as Assistant Treasurer of the Corporation, the power and authority to execute and deliver, in the name and on behalf of the Corporation, those documents and instruments that he may deem necessary or appropriate to effectuate the management of Company, including, without limitation, the execution and delivery of agreements by Company and the opening and maintenance of bank accounts in the name of Company. FURTHER RESOLVED, that any and all actions heretofore taken by the officers of the Corporation in the name and on behalf of the Corporation in furtherance of the preceding resolutions are ratified, approved and adopted. FURTHER RESOLVED, that every action of any nature that has been taken or authorized with respect to the Corporation by the officers of the Corporation since the date of filing of the Articles of 1265 f Ioldings through the date of this Unanimous Written Consent is in all respects approved and ratified. FURTHER RESOLVED, that this Unanimous Written Consent may be executed in any number of counterparts, each of which shall he deemed an original, but all of which together shall constitute one and the same consent. FURTHER RESOLVED, that the officers of the Corporation be, and each hereby are, authorized and directed to do, perform, or cause to be done and performed, all such acts and things and to make, execute and deliver, or cause to he made, executed and delivered, all such agreements, undertakings, documents, instruments or certificates in the name and on behalf of the Corporation or otherwise as each such officer may deem necessary or appropriate to effectuate or carry out fully ,,)5 -0,,,M(00761 2 168 the purpose and intent of the foregoing resolutions, and that all such actions so taken be and hereby are ratified, approved, confirmed and adopted. 888905-0001/125603567 2 168 1 IN WITNESS WHEREOF, the undersigned being all of the members of the Board of Directors of the Corporation have executed this Unanimous Written Consent of the Board of Directors of the Corporation on the 25th day of March, 2015. Reinhold Schrn.leding • I.rik,i Schmieding 88R905-0001/125603567,2 168 1 PROJECT CREEKSIDE IQ WATER MAIN PARCEL RES Florida 1265 Holdings,LLC TAX ID 4 29354000029 ACCEPTED BY BCC PURSUANT TO RESOLUTION 2010-39 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between RES FLORIDA 1265 HOLDINGS, LLC., a Florida limited liability company, (hereinafter referred to as "Owner"), whose mailing address is 1370 Creekside Boulevard, Naples, FL 34108-1945, and 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"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive easement for the purpose of IQ water irrigation lines and pipes, service, and other equipment or improvements, over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10,00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via an Utility Easement to County at no cost to the County, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this 1 166 Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property.have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by County. 8. The Owner reserves rights to use the easement for sidewalk, landscaping and detention area and other uses that do not violate rights otherwise granted by Owner to County. 9. Owner shall plant no trees within eight (8) feet of the proposed improvements. 10. Maintenance of all sidewalks, landscaping and detention area, other uses shall be the sole responsibility of Owner. Any damage to the property resulting from the IQ water irrigation improvements, and maintenance activities, will be the responsibility of the County. 11. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 16B 1 12. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 13. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517. Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. �' / DATE ACQUISITION APPROVED BY BCC: AP-3/,20 ! U a_ xi:�G. )/Q4 y/6 )5 AS TO COUNTY: �✓ ; Opo DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE LS(p\ L1- 1. = GOVERNING BOARD OF THE COLLIER Deputy Clerk � __. COUNTY -SEWER DISTRICT . Attest as to Chairman's signature only. PENNY TA f ••, Chair Approved as to form and legality Jennifer A Belpedio, Assi teCounty Attorney `1 3 168 1 AS TO OWNER: DATED: `i 1=3� 2-4) WITNESSES: Witness#1 (Signature) RES FLORIDA 1265 HOLDINGS, LLC, a Florida limited liability company Witness#1 (Print Name) By: KRISDAN MANAGEMENT, INC, fitnA,�'�`�4 { /\�'kt'it ltl:1 a Florida corporation ess#2(Sign:, re) LJJJJ` -�, '_ — Its: Managing Member Witness#2{Print N, e) ( ? BY: . . 1r .. Daniel Hall Assistant Treasurer 4 16B I POTN I O COMMENCEMENT IA 1Ah73E,4.:EE R(A41.) S1.i'g45) . \' 1 ' ..,, -k 'A.:;,, O., ik-,-1','M;') -5894846E 29771 .: ------ - - II,-•-S16'47'59"F 108 75' i POINT OF ' fl I I 1 1 , 1 BEGINNINp ' 0 1 II N16"47'59W 712.89'- t1 ;.r,,, ,:.w70,'i. I-:,11.0,g WY ''444 W. [ ** 1 ;1'.,•OR ,1,-,K„., , t..„,,,,;,,A.-,71) 1 ;31,11.i.,1,,HA ..,F PAA 41,f U 1:305'34'16E 164 13' i ND!"34'16-W 172.16'-- ....--:2 FF3 '54"., . i s........../........• __ k i l . __ i 1 . '. ' ! 1\ - ;RE I h.ir I 4 t f7S ID F STREET' ! R=25 OLS` C-•:' ::5E ct.'3.8,t.3...9 /'P'V 5r:5.I - :Imo ,),'..401 li(PLR PLAT) . 'T:..41,H1,I,4( 35, ',1:11 ,S,I& 44 A=53"02'36" -----------t-- C[1.-=';E7"5:3'161A( • --- t - - '1 - • • '` 1 , '5,1 C=22 3(i' _ ___ - ------ 1 - (=23 18' .1 . LLSCRLDTIoN A PARCEL OF LAND BE:ND 'AHL OF LOT 15 OF GREEKSIDF COMMERCE DARK WE ST TWO RECORDED IN PLAT 530).t5 35, PAGES 43 AND 44 IN THE PULILLC t ,,-5-_,3-,'Rry; or 93) cour4r7'. r LomoA. I"ONG WHELLNI SEGNON 27, TOWNSHIP 3 ci 5,)LITTH, PANE 25 1.A51 DEIN MORE F,A R r i C Ij L A R.I' DE SCRTIED AS IOU OWN OMMENCING; AT THE NORTHWEST CORNER or SAID i(IT 15 41 SO 'ICING ON 170 SOUTH RIGHT-OF-WAY ONE OF it39:•1',51:EL ROAD (SR 8461 THENCE PIN i. 589'48'16"E At(JNG SAID LINE" FOR : '' t . ' st:T TO DLE 2:324N1 5t8 HE GINNING --; ROM SAID PGIN- O1BEGINNING C LT'., :,:tE A.I)NG Ott") t!!,.1 sP.:2*48.161: F oF: 20,91 'TI F, THENCE DEPART-NG' SAID LINE ;FUN S 1 104.". T. ' ' •08.75 FEET TO AN INTERSECTION MTH THE' WEST ONE OF A 5.00 C3,' :. .". ;T ROA LTOWIT? k CHI (TTPL) EASEMEN I RECORDED t N OF TTIGIAL RFC'3," , ',. 'F . • -,., "AGE .!,8.3 IN SATO FLOM: 14E90095; THENCE ?•;;UN 591734''1" A '', .7.:, 7,TNT 'TTIL TOR :64,13 111 F 'ID AN INTERSECTION WITH A NON--TAN:.SI L''VE. AND THE ' vy•mrER:Y ;iNr: or rr.!Acr C (CREEESIDF srPri,"7) :) T.L':;:) cra-,.:OE (.Dmmr.PCI PARK WI'ST - UNIT TWO; THENCE Al.CING THE N.LtR't - ONE GE SAC) TRACT R .,, ALONG SAID C TRVE TO 10E PICT,T, R,ADTUS OE :' .T i'F L.T. (DELI TA 53T6•T'JI:T'D -., (CHORD ELE,ARING S57•52."5.'W:t (CHORD DISTANC1 .: '6 T'EET.) T:.'OR 23 '8 1 L 11 t FO AN :5,4 TERSE":T1ON WITH A NON-TANGENT L,r,F.; THENCE 5)[PARTING 'HE .., NOR THERL Y LINE OF T.A.ILTT TRACT R RUN 7O5'.34'ICW F OR 112 16 1 F.IT: 'HENCE I171 016'47'69"W FOR 11'2_89 FELT TO TEL CIT NT OF BEGINNING 'APCELL CONTAINS 13,195 SQUARLI I Lf OR 0.102 ACRES MORE OR 1153 '.3 HEARINGS .S 'OWN Li:LRFON ARE 3ASLO ON THE 0074111 I INE ,...11 :-j 15, PLAT OF TREE K SIDE COMMERCE PARK WEST-UNIT TWO, PLAT .900K ,55, CALL: 4.7 & 44 1L'I33.JC: RECORD OF CUL LEO COUNTY, FLORIDA, WHEREIN SAID FAST LINE OF I 01 15 ETF APE S589.48'16.'1: r. NOTES: THIS IS NOT A SURVEY i . 1 REARIN(HS SHOWN H'RION ARE BASED 00 THE NORTH JNE OF I OT 15, 'OAT 90 II RET 0101 COMMERCE PARK WEST-UN!? TWO, PLAT 900< 16, PASS 43 4 44, PLIBLIC RECORD OF COLLIER COJNTY, FLORIDA, WHEREIN SAID NUR1 1.1 UNE OE OT 15 BEARS S89148.10E KEVIN M RISCASS1 (FOR THE 1149 ,I • -1,- .., /,;;;OvE SSI ON AI 17 i R VF.r 9R AND M Ar,r(T_P ,. T;tit,,, SKETCH DDE'; N13 VAKE ANY RERRESIN-ATION AS fl JRIDA ':.‘-497 H.-,A;F: NO. 0133 Ft) 2DNING OR 0EJE1 ORME NT RESTRICTIONS 9.. I'HE 509161 PARCEL. A Tr. SIDNCD -', NOT VALID 'OA 1 kr.q.11. BO SLFA A PLRE A! 3 PARCEL CONTAINS 3,611 SCIJARE i-LET 31 01128 ACRES) MORE CR ..15S ,:.:RIGINAL RAISE 9 SCAT OF A F I.C3Rn A •':I-,P.4 suRvE),(Da AND I.4 APPER 1)1-1NSC,- N 2,,,„ ,-.1,:f.C.,... S-,Lt? ?".; 00X ,n0 , ,, T VT';?S ,1 ORIN 3.3421-I'-,..,c UT))I FY LAS' MINT*3 SKE IC"&DESCRIPTION . „ . ,44 I:359 ENGINEERING "4: ).!': . .4-3GGI r,! f',42 4 ,._1 if.2 , P.} ,t...11 14,30, n":'1;2CV°1 7, <'' :SI As ,,,-,, r'.' ,,,, ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP fie' TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorne Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP 1] Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already omplete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County ttomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorneyql/t6 (1( 2:1219.41- 2. BCC Office Board of County f' Commissioners S lci(0 3. Minutes and Records Clerk of Court's Office "V'C�‘•-\ \/5/ `6,\(=k.\v—t PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Cindy M. Erb Phone Number 239-252-8917 Contact/ Department Agenda Date Item was Agenda Item Number /� Approved by the BCC 4\ 1 �� 1 O I C� ? ) Type of Document ` ! ' Number of Original Attached (�ek. O"'- \-e4 1(Q. Documents Attached 1 PO number or account Account: Fund , Cost r number if document is Object Code 64 roject C_ " to be recorded c� INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature? Stet 1 0 \ yy\RL„, 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency; Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters, must be reviewed and signed C> by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on a,31(),.010 ,and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. x 9. Initials of attorney verifying that the attached document is the version approved by the . _ BCC,all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16B I Memorandum TO: Minutes & Records ^ " FROM: Cindy Erb, Property Acquisition Specialist, W., Real Property Management DATE: August 4, 2017 RE: Creekside IQ Water Main Project — Creekside Commerce Park Property Owners Association, Inc. This item is being accepted by the BCC under Resolution 2010-39 which was approved on February 23, 2010, Agenda Item 16B1. Please attest to Commissioner Taylor's signature as Chairman on the Donation Agreement. Once attested, please forward a copy of the Donation Agreement, by email, for my files. Also, please forward the Utility Easement to the Recording Department for recordation. A recording form is attached. Also, if you receive the original Gap Affidavit, please forward to my attention for my files. Please contact me if you have any questions or comments at Extension 8917. Thank you! 16B PROJECT CREEKSIDE IQ WATER MAIN TAX ID NUMBERS: 29331193049(Tract 2)&29331193065(Tract 3) ACCEPTED BY BCC PURSUANT TO RESOLUTION 2010-39 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between CREEKSIDE COMMERCE PARK PROPERTY OWNERS' ASSOCIATION, INC., a Florida riot-for-profit corporation, (hereinafter referred to as "Owner"), whose mailing address is 1370 Creekside Boulevard, Naples, FL 34108-1945, and 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"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive easement for the purpose of IQ water irrigation lines and pipes, service, and other equipment or improvements, over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via a Utility Easement to County at no cost to the County, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; i 168 1 provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by County. 8. The Owner reserves rights to use the easement for sidewalk, landscaping and detention area and other uses that do not violate rights otherwise granted by Owner to County. 9. Owner shall plant no trees within eight (8) feet of the proposed improvements. 10. Maintenance of all sidewalks, landscaping and detention area, other uses shall be the sole responsibility of Owner. Any damage to the property resulting from the IQ water irrigation improvements, and maintenance activities, will be the responsibility of the County. 11. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal 1 6 8 1 representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 12. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 13. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: , 1 r '� 6 ' �_ �1 , ���A.., 1\k' rt1 1VD �� (a 1�Pr o )Uio -- t AS TO COUNTY: DATED: ` 121, r ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS DWIGHT E. BROCK, Clerk THE GOVERNING BODY OF COLLIER t-, COUNTY AND AS EX-OFFICIO THE `2 GOVERNING BOARD OF THE COLLIER C.. . __ - . . P : , f . .'` 4k _..-4 COUNTY WATER-SEWER DISTRICT (/ as to vhairmali'S a eputy t .rk Attest signature only. �, BY: 7,470/1"'L ' . ' PENNY TiFILOR, Ch.Oran Approved as to form and legality: Jennifer A. Belpedio, nt County Attorney \\ \� �. 3/'\<-)- r \\ 168 AS TO OWNER: DATED: \31\2,0 11 WITNESSES: CREEKSIDE COMMERCE PARK PROPERTY OWNERS' ASSOCIATION, INC. a Florida not-for-profit corporation • Witness#1 (Signature) By: Witness#1 (Print Name) Pa" Han, Secretary/Treas er Warless#2(S gnatine) LNLITC, OUL, Witness#2(Print Name) Approved as to form and legality Assistant County mey • 4 1 6 B 1 ,,,,,.... , ,.... 7.Th. . ‘‘,, „ . _____ LOT R4,, ft CREEKSIDE STREET N90°00'00"E 2.44' II CREEKSIDE COMMERCE PARA' it i�400. TRACT R(PER PLAT) (}34SIS OF BEARING) I I R=25.00' A=47°33'00" PIAT BOOK 35, PAGE 43 & 44 N90'00'00*E 195.93' CB=S66°13'30"E - - -- - - — - - -- 1--- -- A } 1 C=20.16' -----. POINT OF I L=20.75' ti'i,a BEGINNING I -{ z � � I 1 W j 7 I I h 1 0o 1 L. , I I i LOT 13 Z z W 4Q 1 100'EPL E51/1: 1 I CREEKSIDE COMMERCE PARK WEST - UNIT TWO b PIAT HOOK 35, PAGE 43 & 44 , 95'OR. ESML 0830-P527) 1 U,0 1 2 v k Y (OR5B2-PG 1978)78) O Q O U 3 W m 2 I � �� m LI- cc ul I I H11"^ n 1 z 1„ �a 0 -12A 0 n- a II S,-. ".1 ('n y� U I U A 1 P," ti rn CT) mD I I /I �`I+ rn S I CREEKSIDE COMMERCE COT PARK12 WEST - UNIT IWO a 1 y I PLAT BOOK 35, PAGE 43 do 44 N z N - -?-<' I I I I 1 I -0 I I E I 10'U.E. �. (PER PIAT) I i 0 25 50 00 I I LOT 11 ��1� I 1 CREEKSIDE COMMERCE PARK WEST -- UNIT TWO R (INTENDED DISPLAY SCALE:1'-100') 120'WIDE I PLAT BOOK 35, PAGE 43 & 44 = 1 1 1 \ 1 , I I 1 - ,IlCREEKSIDE BOULEVARD A o I I I T ACT R(PER PLAT) S m I 1 -R=25.00' .:.___________ti________., -- ._---- A=53°07'36" - -�, — — - — — — — —— — — — CB=S57°52'16"VV / A \ XrCe -.1 I II C=22.36' / xTM 1 II L=23.18' I x m. 0 NOTES: t 1, BEARINGS SHOWN HEREON ARE BASED ON THE NORTH THIS IS NOT A SURVEY LINE OF TRACT 2, PLAT OF CREEKSIDE COMMERCE PARK S WEST-UNIT TWO, PLAT BOOK 35, PAGE 43 do 44, PUBLIC RECORD OF COLLIER COUNTY, FLORIDA, WHEREIN SAID NORTH LINE OF TRACT 2 BEARS N00'00'UO*E. 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS KEVIN M. RISCASSI (FOR THE FIRM L8-642) R TO ZONING OR DEVELOPMENT RESTRICTIONS ON THE PROFESSIONAL SURVEYOR AND MAPPER SUBJECT PARCEL. FLORIDA CERTIFICATE NO. 6433 F A 3. PARCEL CONTAINS 13,195 SQUARE FEET DATE SIGNED: (0.302 ACRES) MORE OR LESS. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED -- 4. NOT VALID WITHOUT DESCRIPTION ON SHEET 2 OF 2. SURVEYOR AND MAPPER. JOHNSON FL 091550 -1 2122 JOHNSON STREET U1 ILITY EASEMENT#2 PO. 309 1550 SKETCH TO ACCOMPANY DESCRIPTION FORT MYERS, FLORIDA 33902-1550 PHONE: (239) 334-0046 ENGINEERING EB. /642& L.B. /642 May 30, 2Dt7�RO s�oNO. ! z". -26 Iu�Shown 1STEEP of 2 168 1 2-, 4 DESCRIPTION A PARCEL OF LAND BEING PART OF TRACT 2 OF CREEKSIDE COMMERCE PARK WEST - UNIT TWO RECORDED IN PLAT BOOK 35, PAGES 43 AND 44 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING WITHIN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 2 ALSO BEING ON THE SOUTH LINE OF TRACT R (CREEKSIDE PARKWAY) AS SHOWN IN SAID CREEKSIDE COMMERCE PARK WEST - UNIT TWO THENCE RUN N90'00'00"E ALONG SAID LINE FOR 195.93 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING CONTINUE ALONG SAID LINE THE FOLLOWING TWO (2) COURSES: N90'00'00"E FOR 2.44 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS OF 25.00 FEET, (DELTA 47'33'00") (CHORD BEARING S66'13'30"E) (CHORD DISTANCE 20.16 FEET) FOR 20.75 FEET TO AN INTERSECTION WITH A NON-TANGENT LINE ALSO BEING THE WEST LINE OF A 5.00 FOOT WIDE FLORIDA POWER & LIGHT (FPL) EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 668, PAGE 383 IN SAID PUBLIC RECORDS; THENCE RUN SO5'34'16"E ALONG SAID WEST LINE FOR 645.81 FEET TO AN INTERSECTION WITH A NON-TANGENT CURVE AND THE NORTHERLY LINE OF SAID TRACT R (CREEKSIDE BOULEVARD); THENCE ALONG THE NORTHERLY LINE OF SAID $ TRACT R ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS OF 25.00 FEET, (DELTA 53'07'36") (CHORD BEARING S57'52'16"W) (CHORD DISTANCE 22.36 FEET) FOR 23.18 FEET TO AN INTERSECTION WITH A NON-TANGENT LINE; THENCE DEPARTING THE NORTHERLY LINE OF SAID TRACT R RUN NO5'34'16"W FOR 665.92 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 13,195 SQUARE FEET OR 0.302 ACRES MORE OR LESS. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF TRACT 2, PLAT OF CREEKSIDE COMMERCE PARK WEST-UNIT TWO, PLAT BOOK 35, PAGE 43 & 44, PUBLIC RECORD OF COLLIER COUNTY, FLORIDA, WHEREIN SAID EAST LINE OF TRACT 2 BEARS N90'0O'00"E. 1=_ g. 7 S R NOT VALID WITHOUT SHEET 1 OF 2. JOHNSON ENGINEERING. INC. 2122 JOHNSON STREET UTILITY EASEMENT#2 P.O. BOX DESCRIPTION FORT 61VERS. FLORIDAORiDA 33 33902-7550 PHONE: (239) 334-0046 ENGINEERINGE.B. p6429k3 X642 DATE 24,2017120149700-0871Fl27.48-25 l As Shown 1S E2 of 2 16B 1 , .II CREEKSIDE o ' 1 II S89°49'08 E 20.O�ERBOULEVARD PLAT) 'i' I _�j-`r� ---\ 1 r- -- II III 7 0 \I 0 0 r II 111 I -1 I II I m 5'FPL fSAR.. Do I II (OR668-PG.383) ]�in I (0 ti / O N 0 0 20 50 100 0 I ,:r co a O) / (INTENDED DISPLAY SCALE: 1'=100') C1 1 in W o 0 TRACT 3 I .) o 1 CREEKSIDE COMMERCE PARK WEST - UNIT IWO c PLAT BOOK 35, PAGE 43 & 44 0 1 Z V II 11 20'WIDE ) i LAKE EASEMENT -�/ _ 20'L.6.0.E I S / (PER PIAT) (PER PIAT) �• ESMT 1100'FPL ESM III (h...,_,,./.---- 085; r`// (oR681382:PG197H)I ( 17) I I S05°33'55"E 20.68' 1I S80°49'47^E 5 1 1 09.32, I 1_ - I \N80°49'470w530.26 E 11 ---—— UG/ELEC——— —UC7ELEC———---—UG/EItC-- \ n.,o /t 4 fC .- 1 N :, Si N I U � I PERPETUAL NON-EXCLUSIVE POINT OF BEGINNING \ .9-,EASEMENT(0R2213-PC1716) ' 1 'z,-,"2 POINT OF COMMENCEMENT \ I o SOUTHEAST CORNER OF TRACT 3 \ 1 z CREEKSIDE COMMERCE PARK WEST - UNIT TWO B PLAT BOOK 35, PACE 43 &(,_..44 PELICAN MARSH COLE COURSE, PHASE THREE PLAT BOOK 25, PAGES 14-16 A .9 cy,I 0 NOTES: k 1. BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE THIS IS NOT A SURVEY 5 OF TRACT 3, PLAT OF CREEKSIDE COMMERCE PARK WEST-UNIT TWO, PLAT BOOK 35, PAGE 43 & 44, PUBLIC H RECORD OF COLLIER COUNTY, FLORIDA, WHEREIN SAID EAST UNE OF TRACT 3 BEARS N05'33'55"W. T5 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS KEVIN M. RISCASSI (FOR THE FIRM LB-642) is TO ZONING OR DEVELOPMENT RESTRICTIONS ON THE PROFESSIONAL SURVEYOR AND MAPPER SUBJECT PARCEL. FLORIDA CERTIFICATE NO. 6433 c f 3. PARCEL CONTAINS 18,234 SQUARE FEET DATE SIGNED: (0.418 ACRES) MORE OR LESS. NOT VALID WITHOUT THE SIGNATURE AND THE 4. NOT VALID WITHOUT DESCRIPTION ON SHEET 2 OF 2. ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. JOHNSON ENGINEERING, INC. 2122 JOHNSON STREET UTILITY EASEMENT#1 P.O. 80X 1550 33 SKETCH TO ACCOMPANY DESCRIPTION FORT MYERS, FLORIDA 33902-1550 PHONru:E: (239) 334-0046 ENGINEERING E.B. /6429& L.B. /612 D 30.2017 20O 9700-081 H'27-48-25 ;Shown SHEET o 2 16B 4 DESCRIPTION A PARCEL OF LAND BEING PART OF TRACT 3 OF CREEKSIDE COMMERCE PARK WEST - UNIT TWO RECORDED IN PLAT BOOK 35, PAGES 43 AND 44 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING WITHIN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 3 ALSO BEING THE ON WEST RIGHT-OF-WAY LINE OF GOODLETTE-FRANK ROAD (COUNTY ROAD 851) THENCE RUN N05'33'55"W ALONG THE EAST LINE OF SAID TRACT 3 AND THE WEST LINE OF SAID RIGHT-OF-WAY FOR 196.7 FEET TO THE POINT OF BEGINNING ALSO BEING THE NORTHEAST CORNER OF SAID EASEMENT. FROM SAID POINT OF BEGINNING DEPARTING THE EAST LINE OF SAID TRACT 3 AND THE WEST LINE OF SAID RIGHT-OF-WAY RUN N80'49'47"W FOR 530.26 FEET; THENCE RUN N04'38'05"W FOR 400.63 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID TRACT 3 ALSO BEING THE SOUTH LINE OF TRACT R (CREEKSIDE BOULEVARD) AS SHOWN IN SAID CREEKSIDE COMMERCE PARK WEST - UNIT TWO; THENCE RUN S89'49'08"E ALONG THE SAID LINE FOR 20.07 FEET; THENCE DEPARTING SAID LINE RUN SO4'38'05"E FOR 383.27 FEET; THENCE RUN S80'49'47"E FOR 509.32 FEET TO THE EAST LINE OF SAID TRACT 3 AND THE WEST LINE OF SAID GOODLETTE-FRANK ROAD RIGHT-OF-WAY; THENCE RUN S05'33'55"E ALONG SAID LINE FOR 20.68 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 18,234 SQUARE FEET OR 0.418 ACRES MORE OR LESS. Z BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF TRACT 3, PLAT OF CREEKSIDE COMMERCE PARK WEST-UNIT TWO, PLAT BOOK 35, PAGE 43 & 44, PUBLIC RECORD OF COLLIER COUNTY, FLORIDA, WHEREIN SAID EAST LINE OF TRACT 3 BEARS NO5'33'55"W. A 06 NOT VALID WITHOUT SHEET 1 OF 2. J o H N �� JOHNSON ENINEERING, INC. 2122 JOHNSON STREET 4 P.O. 1550 DESCRIPTION FORT MYERS, FLORIDA 33902-1550 UTILITY EASEMENT#1 PHONE: (239) 334-0046 ENGINEERINGEFR. #6429k/ 6 31.6- 12 Mo 29, 2017 20;97000-087 X27.48-25 HAAs Shown SHEET of 2 168 1 INSTR 5439477 OR 5424 PG 906 RECORDED 8/10/2017 11.28 AM PAGES 8 DWIGHT E BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $69 50 PROJECT CREEKSIDE IQ WATER MAIN TAX ID NUMBERS: 29331 193049(Tract 2)&29331193065(Tract 3) ACCEPTED BY BCC PURSUANT TO RESOLUTION 2010-39 UTILITY EASEMENT 0- THISEASEMENT, made and entered into this day of _t1U . -(,, 2017, by CREEKSIDE COMMERCE PARK PROPERTY OWNERS' ASSOCIATION,I N�, INC., a Florida not-for-profit corporation, whose mailing address is 1370 Creekside Boulevard, Naples, FL 34108-1945, 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, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, 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, IQ water irrigation lines and pipes, service, and other equipment or improvements thereto or thereunder, for the purpose of constructing, operating, and maintaining utility facilities thereon. All uses of said land not in conflict with the installation, operation and maintenance of the proposed improvements are reserved to the Grantor, except that the Grantor shall plant no trees on the Property, nor within eight (8) feet of the proposed improvements. 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. 168 1 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: CREEKSIDE COMMERCE PARK PROPERTY OWNERS' ASSOCIATION, INC. } t a Florida not-for-profit corporation \ _`, W -1�itnessl�#1 (Signature) iR1kiZI[, coYc. By: "0 i / /0 Witness#1 (Print Name) an Hail, Secretary -:surer AtR. - Ilk ' ♦. _ I! 1 • Witness#2(Signatu1) I. 1/' 1 41 i a 'fitness#. (Prin Name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Utility Easement was acknowledged before me this ni day of 3 L.\I tJ , 2017 by Dan Hall, as Secretary/Treasurer, on behalf of Creekside Commte Park Property Owners' Association, Inc., a Florida not-for-profit corporation, who is personally known to me or who has produced as identification. WITNESS my hand and official seal this :5M day of ..J&11 , 2017. (affix notarial seal) QLJLiT)4JLkZLL1Q_ (Si nature of Notary Public) ice U►5 betva I tL. (Print Name of Notary Public) +ti .;N ARACEUSDELVALLE NOTARY PUBLIC * �_s * MY COMMISSION It FF 164559 wa0 EXPIRES:September 30,2018 Serial/Commission #: f I.V--155 el ��IP44 A.00 Bonded Nu Budget Notary Stites My Commission Expires: -30• 1 2 Approved as to form and legality: 01, IP Jennifer . Belpedio, Assi-County Attorney 27,411/ ‘,, r. T. LOT 14 CREEKSIDE STREET N90°00'00"E 2.44' 11 R=25.00' I CREEKSIDE COMMERCE PARK WEST- UNIT TWO TRACT R(PER PLAT) (BASIS OF BEARING) II PIAT BOOK 35, PAGE 43& 44 N90'00.001" 195.93' x=47°33'00" CB=S66°13'30"E fi C=20.16' POINT OF l L=20.75' . BEGINNING I --J z 62. 1 I 2 �, I I I V o I V I I I LOT 13 Z w~ 1100 FPL ESMT 1 ,�� I CREEKSIDE COMMERCE PARK WEST- UNIT TWO W 3 vi 95'DR. ESMT. I DB30-P527) 2 I PIAT BOOK 35, PACE 43& 44 O Y (OR6B2 PG197B) I ( I am I I LI- ceW5 1 I I 0 I I I I—Z Il o I iim II CL L.., I wrc I (.12 1 cow )3mv II-0y jro 'O1 A"N' 01I °I m I I t"� Im �� LOT 7 rn I PLAT RC 5,PARK waPAGE r 3&444NIT TWO I a I +Z Ni -' `' -‹ I I � I I A I * i 1 I I --0- I I I II I 10'U.E. (PER PUT) I I I I I LOT 11 R 0 25 50 100 I I I CREEKSIDE COMMERCE PARK WEST- UNIT TWO g (INTENDED DISPLAY SCALE: 1100') 120'WIDE I I PLAT BOOK 35, PACE 43& 44 "- I I I I I I I I I I ) ----- II I i I CREEKSIDE BOULEVARD b o I TRACT R(PER PLAT) R=25.00' I I A=53°07'36" .—————1 ' T— -7-CB=S57°52'16"W .ro. 4, I1 C=22.36' ( x.a, I I1 L=23.18' i x o. 8 5 Ti it NOTES: t 1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH THIS IS NOT A SURVEY LINE OF TRACT 2, PLAT OF CREEKSIDE COMMERCE PARK WEST—UNIT TWO, PLAT BOOK 35, PAGE 43 do 44, PUBLIC 8 RECORD OF COLLIER COUNTY, FLORIDA, WHEREIN SAID NORTH LINE OF TRACT 2 BEARS NO0'00'00°E. s 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS KEVIN M. RISCASSI (FOR THE FIRM LB-642) TO ZONING OR DEVELOPMENT RESTRICTIONS ON THE PROFESSIONAL SURVEYOR AND MAPPER SUBJECT PARCEL. FLORIDA CERTIFICATE NO. 6433 3. PARCEL CONTAINS 13,195 SQUARE FEET DATE SIGNED: $ (0.302 ACRES) MORE OR LESS. NOT VALID WITHOUT THE SIGNATURE AND THE 4. NOT VALID WITHOUT DESCRIPTION ON SHEET 2 OF 2 ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. JOHNSON ENGINEERING. 2122 JOHNSON STREET UTILITY EASEMENT#2 P.O. BOX ls50 SKETCH TO ACCOMPANY DESCRIPTION FORT MYERS, FLORIDA 33902-1550 PHONE: (239) 334-0046 ENGINEERINGE8 /(22 39Ae) 334 #642 GATE PROJECT N0. FIE N0. 50ALp SHEET May 30, 2017120149700-0W 27-48-25 I As Shown [ 1 a1 2 168 1 s1 4l 4 DESCRIPTION A PARCEL OF LAND BEING PART OF TRACT 2 OF CREEKSIDE COMMERCE PARK WEST — UNIT TWO RECORDED IN PLAT BOOK 35, PAGES 43 AND 44 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING WITHIN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 2 ALSO BEING ON THE SOUTH LINE OF TRACT R (CREEKSIDE PARKWAY) AS SHOWN IN SAID CREEKSIDE COMMERCE PARK WEST — UNIT TWO THENCE RUN N90'00'00"E ALONG SAID LINE FOR 195.93 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING CONTINUE ALONG SAID LINE THE FOLLOWING TWO (2) COURSES: N90'00'00"E FOR 2.44 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS OF 25.00 FEET, (DELTA 47'33'00") (CHORD BEARING S66'13'30"E) (CHORD DISTANCE 20.16 FEET) FOR 20.75 FEET TO AN INTERSECTION WITH A NON—TANGENT LINE ALSO BEING THE WEST LINE OF A 5.00 FOOT WIDE FLORIDA POWER & LIGHT (FPL) EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 668, PAGE 383 IN SAID PUBLIC RECORDS; THENCE RUN SO5'34'16"E ALONG SAID WEST LINE FOR 645.81 FEET TO AN INTERSECTION WITH A NON—TANGENT CURVE AND THE NORTHERLY LINE OF SAID TRACT R (CREEKSIDE BOULEVARD); THENCE ALONG THE NORTHERLY LINE OF SAID E TRACT R ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS OF 25.00 FEET, (DELTA 53'07'36") (CHORD BEARING S57'52'16"W) (CHORD DISTANCE 22.36 FEET) FOR 23.18 FEET TO AN INTERSECTION WITH A NON—TANGENT LINE; THENCE DEPARTING THE NORTHERLY LINE OF SAID TRACT R RUN NO5'34'16"W FOR 665.92 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 13,195 SQUARE FEET OR 0.302 ACRES MORE OR LESS. ,11 BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF TRACT 2, PLAT OF CREEKSIDE COMMERCE PARK WEST—UNIT TWO, PLAT BOOK 35, PAGE 43 & 44, PUBLIC RECORD OF COLLIER COUNTY, FLORIDA, WHEREIN SAID EAST LINE OF TRACT 2 BEARS N90'00'00"E. I s S 5 5 8 NOT VALID WITHOUT SHEET 1 OF 2. JOHNSON ENGINEERING. INC. 2122 JOHNSON STREET UTILITY EASEMENT#2 P.O. BOX 1550 DESCRIPTION FORT Id'tERS, FLORIDA 33902-1550 PHONE: (239) 334-0046 ENGINEERINGEFBAX:#6429)3L.B. #642 Jon. 24. 7017 20149700-D67 "27-48-25 As Shown A L 2 of 2 16 5 1 0 -. - , _ A 11 CREEKSIDE BOULEVARD o y_ 3 11 S89°49'08"E 20.0�ER PLAT) : —— ___ ------------------._ I -r--- AI — -1 i--I II �/ \I 0 • I 11 Jo 1 11 m I 11 I 1 I 11 1 ' 0 ', 1-- 5FPL LSNT. A 11.(OR668—PGJ83)fr) 9y / I A N 1 O 0 25 50 100 Q wr 03 t 1 D I > / (INTENDED DISPLAY SCALE:1'=100') 0 41 LU Bo 0 TRACT J A d V ` PLAT ` CREEKSIOMMERCE, PAGEPARK WEST$ 44NIT TWO co 2 cri 1' 11 20'WIDELAKE EASEMENT 20'L.B.D.E. ('''-----"-"------------H1) (PER P/AT) (PER PUT)85'pR. ESA(f. f00'�� 11(�B82—PG1978) (OBPr.27) I 11 S05°33'55"E 20.68' 11 I S80°49'47"E 509.32 ——l— mmit 1 \N80°49'47"''530.26' 11 — , / I —uc/ELEC uc/e1Ec ',van_ ss. \ N/ 1' 0 O _, POINT OF BEGINNING \\g Ii n- PERPETUAL NON—EXCLUSNF FASE'MfM(CR21/3—PG1216)15 POINT OF COMMENCEMENT \ I SOUTHEAST CORNER OF TRACT 3 \ I CREEKSIDE COMMERCE PARK WEST — UNIT TWO 1 PLAT BOOK 35, PAGE 43& 44 I PELICAN MARSH GOLF COURSE, PHASE THREE ' PLAT BOOK 25, PAGES 14-15 I I AS 8 h 01 N NOTES: E' I 1. BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE THIS IS NOT A SURVEY OF TRACT 3, PLAT OF CREEKSIDE COMMERCE PARK WEST-UNIT TWO, PLAT BOOK 35, PAGE 43 & 44, PUBLIC 8 RECORD OF COLLIER COUNTY, FLORIDA, WHEREIN SAID EAST UNE OF TRACT 3 BEARS N05'33'55"W. It 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS KEVIN M. RISCASSI (FOR THE FIRM LB-642) .„.• TO ZONING OR DEVELOPMENT RESTRICTIONS ON THE PROFESSIONAL SURVEYOR AND MAPPER SUBJECT PARCEL. FLORIDA CERTIFICATE NO. 6433 3. PARCEL CONTAINS 18,234 SQUARE FEET DATE SIGNED: $ (0.418 ACRES) MORE OR LESS. NOT VALID WITHOUT THE SIGNATURE AND THE 4. NOT VALID WITHOUT DESCRIPTION ON SHEET 2 OF 2. ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 111BEEJOHNSON ENGINEERING. INC. 2122 JOHNSON STREET UTILITY EASEMENT#1 P.O. BOX 1550 SKETCH TO ACCOMPANY DESCRIPTION FORT MYERS, FLORIDA 33902-1550 PHONE: (239) 334-0046 ENGINEERINGE.B. /6429& L.B. /642 DATE 30.2017 PROJECT °9700_. "27- -25 SCALE SHEET of 2 16b I DESCRIPTION A PARCEL OF LAND BEING PART OF TRACT 3 OF CREEKSIDE COMMERCE PARK WEST — UNIT TWO RECORDED IN PLAT BOOK 35, PAGES 43 AND 44 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING WITHIN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 3 ALSO BEING THE ON WEST RIGHT—OF—WAY LINE OF GOODLETTE—FRANK ROAD (COUNTY ROAD 851) THENCE RUN NO5'33'55"W ALONG THE EAST LINE OF SAID TRACT 3 AND THE WEST LINE OF SAID RIGHT—OF—WAY FOR 196.7 FEET TO THE POINT OF BEGINNING ALSO BEING THE NORTHEAST CORNER OF SAID EASEMENT. FROM SAID POINT OF BEGINNING DEPARTING THE EAST LINE OF SAID TRACT 3 AND THE WEST LINE OF SAID RIGHT—OF—WAY RUN N80'49'47"W FOR 530.26 FEET; THENCE RUN NO4'38'05"W FOR 400.63 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID TRACT 3 ALSO BEING THE SOUTH LINE OF TRACT R (CREEKSIDE BOULEVARD) AS SHOWN IN SAID CREEKSIDE COMMERCE PARK WEST — UNIT TWO; THENCE RUN S89'49'08"E ALONG THE SAID LINE FOR 20.07 FEET; THENCE DEPARTING SAID LINE RUN SO4'38'05"E FOR 383.27 FEET; THENCE RUN S80'49'47"E FOR 509.32 FEET TO THE EAST LINE OF SAID TRACT 3 AND THE WEST LINE OF SAID GOODLETTE—FRANK ROAD RIGHT—OF—WAY; THENCE RUN S05'33'55"E ALONG SAID LINE FOR 20.68 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 18,234 SQUARE FEET OR 0.418 ACRES MORE OR LESS. BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF TRACT 3, PLAT OF CREEKSIDE COMMERCE PARK WEST—UNIT TWO, PLAT BOOK 35, PAGE 43 Sc 44, PUBLIC RECORD OF COLLIER COUNTY, FLORIDA, WHEREIN SAID EAST LINE OF TRACT 3 BEARS NO5'33'55"W. 8 8 8 R G 0 NOT VALID WITHOUT SHEET 1 OF 2. JOHNSON ENGINEERING. INC. 2122 JOHNSON STREET UTILITY EASEMENT#1 B P.O. 1s33 DESCRIPTION FORT RIVERS, FLORIDARI 33902-1550 PHONE, (239) 334-0046 ENGINEERINGEFB #6429)3LB #642 Mai 29, 20,7 20149700=�, "27-48.25 SCALE Shown 2 16B I UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF CREEKSIDE COMMERCE PARK PROPERTY OWNERS ASSOCIATION, INC. The undersigned, being all of the members of the Board of Directors(the"Board")of Creekside Commerce Park Property Owners Association, Inc., a Florida corporation (the "Corporation"), acting in accordance with Florida Statutes, do hereby consent to,approve and adopt the following resolutions and waive all notice thereto: WHEREAS, the Board deems it desirable and in the best interest of the Corporation,that in addition to the President and Vice President, to also grant the Secretary/Treasurer the power and authority to execute documents on behalf of the Corporation; NOW, THEREFORE, IT IS HEREBY: RESOLVED, the Board hereby grants Dan Hall, as Secretary/Treasurer of the Corporation,the power and authority to execute and deliver, in the name and on behalf of the Corporation,those documents and instruments that he may deem necessary or appropriate on behalf of the Corporation,without limitation. FURTHER RESOLVED, that any and all actions heretofore taken by the officers of the Corporation in the name and on behalf of the Corporation in furtherance of the preceding resolutions are ratified, approved and adopted. FURTHER RESOLVED, that this Unanimous Written Consent may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same consent. FURTHER RESOLVED, that the officers of the Corporation be, and each hereby are, authorized and directed to do, perform, or cause to be done and performed, all such acts and things and to make, execute and deliver, or cause to be made, executed and delivered, all such agreements, undertakings, documents, instruments or certificates in the name and on behalf of the Corporation or otherwise as each officer may deem necessary or appropriate to effectuate or carry out fully the purpose and intent of the foregoing resolutions, and that all such actions so taken be and hereby are ratified, approved, confirmed and adopted. loB I IN WITNESS WHEREOF, the undersigned being all of the members of the Board of Directors of the Corporation have executed this Unanimous Written Consent of the Board of Directors of the Corporation on the i. day of •3t _- , 2017. n A ivhmieding, Pre••den 4-10.-Atl Icctumio Kathy Sparrow, Vice President I k : , ecretary/Treas r 2 i ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed rtoi uue slip and original documents are to be forwarded to the t_minty.Attorney Officii at the time the item is placed on the agenda. :111 completed routing slips and original documents must he received in the('munty. amines Office on later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates.anwor information needed if the u-_,:..trent is ails:__. onr, . .. ., exception of the Chairman's signature,draw a line through routing lines#1 through e2.complete the checklist.and forward to the Count;un0 Route to Addressee(s) (List in routing order) Office j Initials ; Daus 1. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners 5. Minutes and Records Clerk of Court's Office f PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created,prepared the Executive Summary. Primary contact information is needed in Me etent one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff David Anthony r` Phone Number 25?-?=197 Contact/ Department Agenda Date Item was 2/23/2010 V$ u Agenda item Number I fiB 1 Approved by the BCC Type of Document Conservation Easement Number of Original i Attached - "�' Documents Attached PO number or account Customer to be notified to pay the Clerk number if document is directly to be recorded INSTRUCTIONS & CHECKLIST 1 Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes !' N/A(Not appropriate. / (Initial) Applicable) 1. Does the document require the chairman's original signature? Nirx 2. Does the document need to be sent to another agency for additional signatures? If yes, r'a provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed x by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's x Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the x document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. hi most cases(some contracts are an exception),the original document and this routing slip n/a should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on - (date)and all changes made during the meeting have been incorporated in the attached document. The County ,,;,ii,, « ei, Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC. all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. I Vi .ci~(M 1:Forms County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.20.1;r,Revised 2.24.10.revised 11,30 12 166 1 OFFICE OF THE COLLIER COUNTY ENVIRONMENTAL SERVICES SECTION INTEROFFICE MEMORANDUM TO: Board of County Commissioners of Collier County FROM: David Anthony, Environmental Services Section DATE: May 5, 2017 RE: Acceptance of Conservation Easement Attached is a Conservation Easement for 5650 Melrose Telecommunication Tower SDP. In accordance with Resolution No. 2010-39, approved by the Board of County Commissioners on February 23, 2010, I am requesting that if this Conservation Easement is acceptable, please sign or stamp as to approval of this Conservation Easement, and forward it, along with the attachments, to the Clerk for attestation and recording. Thank you for your consideration of this matter. If you have any questions, feel free to contact me at (239) 252-2497. Attachments 16B 1 OFFICE OF THE COLLIER COUNTY ENVIRONMENTAL SERVICES SECTION INTEROFFICE MEMORANDUM TO: Clerk to the Board, Board Minutes and Records FROM: David Anthony, Environmental Services Section DATE: May 31, 2017 RE: Attestation and Recording of Conservation Easement Attached is a Conservation Easement for 5650 Melrose Telecommunication Tower SDP, which has been approved by the Board of County Commissioners. Please attest as usual and hold the original documents until the applicant provides payment for recording. Then forward the packet to the Recording Department. Thank you for your assistance in this matter. Please send me a copy of the receipt via interoffice mail. Please send an email to DavidAnthonyPcolliergov.net when the easement has been recorded. If you have any questions, feel free to contact me at (239) 252-2497. The following agent will be paying the recording fees: Mattaniah S. Jahn, P.A. Law Office of Mattaniah S. Jahn, P.A. 800 Tarpon Woods Blvd, Suite E-1 Palm Harbor, FL 34685 727-773-2221 P 727-773-2616 F Attachments Routing Slip Conservation Easement Clerk of Circuit Court's Information Sheet 168 1 INSTR 5439222 OR 5424 PG 101 RECORDED 8/9/2017 3T20 PM PAGES 12 DWIGHT E. BROCK. CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA THIS INSTRUMENT PREPARED BY&RETURV TO: DOC©.70$0 70 REC $103 50 1Vf1:VIE The Law Office of Mattaniah S. Jahn, P.A. i1 DDRESS. 800 '['arpon Woods Blvd. Suite F-I Palm Harbor, FL 34685 PARCEL I.D.# 00433520005 SPACE.-ABOVE:THIS LINE FOR I'ROCF:SSING DATA SPACE.-ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is given this lay of A c _, 2017, by Carolyn A. Thompson, as Trustee of the Carolyn A. Thompson Revocable Trust dated June 7, 2007 (hereinafter, " Thompson" or "Grantor"), whose address is 209 North Collier Avenue , Everglades City, FL 34139, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be referred to individually as a "Party or collectively as the "Parties." WHEREAS, Thompson is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" attached hereto (hereinafter referred to as the "Property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Conservation Easement") be entered into and recorded in the land records of Collier County to bind Thompson; and WHEREAS, the Parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit "B" (the "Easement Property"). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. Thompson, its successors, heirs, assigns and/or transferees, hereby grants a non- exclusive easement to Collier County over and across the Easement Property described i n Exhibit "B" hereto for the purpose of conservation. Collier County shall have no 1 168 1 THIS INSTRUMENT PREPARED BY&RETUR V TO: NAME The Law Office of Mattaniah S. Jahn, P.A. ADDRESS: 800 Tarpon Woods Blvd. Suite E-1 Palm Harbor, FL 34685 PARCEL I.D.# 00433520005 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is given this.Aday of tit r,1 , 2017, by Carolyn A. Thompson, as Trustee of the Carolyn A. Thompson Revocable Trust dated June 7, 2007 (hereinafter, " Thompson" or "Grantor"), whose address is 209 North Collier Avenue , Everglades City, FL 34139, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be referred to individually as a "Party or collectively as the "Parties." WHEREAS, Thompson is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" attached hereto (hereinafter referred to as the "Property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Conservation Easement") be entered into and recorded in the land records of Collier County to bind Thompson; and WHEREAS, the Parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit "B" (the "Easement Property"). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. Thompson, its successors, heirs, assigns and/or transferees, hereby grants a non- exclusive easement to Collier County over and across the Easement Property described i n Exhibit "B" hereto for the purpose of conservation. Collier County shall have no 1 16B I responsibility for maintenance of the Easement Property. 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code ("LDC"). In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 3. Thompson, its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use the Easement Property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any Collier County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Easement Property. 2 16B I 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Easement Property. 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, or nationally recognized overnight courier service, addressed to the appropriate Party or its successor in interest. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the Parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of this Conservation Easement or the application hereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of this Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty which may be applicable under Chapters 373 and 403, Florida Statutes. [SIGNATURE PAGES TO FOLLOW] 3 168 . IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and delivered in the presence of: WITNESSES: Carolyn A. Thompson Revocable Trust dated June 7, 2007 ot,that T kturm� By: 'Li L I Printed Name: Lt $q M etrI t e n t' Carolyn A. Thompson, as Trustee .../hvlitiKva 4'dr, Printed Name:%r r` SM ( i0©0- STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrument was subscribed, sworn and acknowledged before me this a 8 day of �-�-� , 2017, by Carolyn A. Thompson, Trustee for the Car lyn A. Thompso Revocable Trust dated June 7, 2007, and who is [ ] personally known to me or [ who produced lurid a. d(c VeS titan'-as identification. ;;-, R06ER7A R STONE � ------ •; ;. Commission#FF 192161 Notary Public „:,,f3.? February Expires 19,2019 :R -dod Thr,Troy Fero;!%1:f19Ke d00.3Z5,70 Printed Name: 5+z) My Commission Expires: 0 a-'t g I Dot q 4 168 1 Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: be t Deputy Clerk 01414/ C9, al Attest as to Chairman's rvi• signature ontii � �a`k 4 r , Chairperson APPROVED PURSUANT TO RESO. 2010-39 168 . Approved as to form and legality: Assistant County Attorney 00166871-vi 16B I EXHIBIT A Legal Description of Parcel 00433520005 [THIS PAGE INTENTIONALLY LEFT BLANK] 7 irsFConsii/taigt ma 1 6 B I. SURVEYORS&MAPPERS 18818 ANNELIS DRIVE,LUTZ,FL 33848 PHONE(813)go9-2.420 CERTIFICATE OF AUTHORIZA1101* LB 7188. STATE OF FLORIDA NORTH SKETCH AND DESCRIPTION - PARENT TRACT LELY - FL16089-S SCALE: I - 200' BEARACS GRIP SECTION 23 - TOWNSHIP 50 SOUTH - RANGE 26 EAST Aft LEGEND P.O.C. P.O.C. = Point of Commencement (PARENT TRACT) P.O.B. = Point of Beginning N.W. CORNER OF THE C.C.R. = Collier Count Records S.E._1/4 OF THE S.W. 1/4 Y SEC 23 TSOS, R26E R/W = Right-of-Way FOUND 4"X 4" O.R. = Official Record CONCRETE MONUMENT NO LD. N89'44'00"E 785.00' \\ `-NORTH/LINE OF THE SEW. 1/4 NORTH LINE __— SE. 23, T50S R26E PARENT TRACT BEARING NOTE 2-\ J�4Y. 4 01011.6 Mill 6 BEARINGS SHOWN HEREON ARE GRID AND q� ARE RELATIVE TO THE WEST LINE OF THE ki,W4 I Z. �q�1��c {, , SOUTHEAST ONE-QUARTER (1/4) OF THE SOUTHWoF q�k P/I)Egggyg ( Q� (�' % SECTION E23,ST OTOWNS PT 50 ER (1/4) 0 TH, RANGE ryz I G Y�pf. NO1'01'00 E HAVING A BEARING OF MR A `. PARENT TRACT ['.A.9E7a# a dol a"y' OWAER NAME'CAROIL YN A. THOMPSON Q�yy E�►E kP AS TRUSTEE OF THE CAROL.YN A. THOWS W ��s 0' REVOCABLE TRUST DATED�Ca1L�Z 2007 ! 0 950050'11?. s PARCEL. CP:00433520005 o O �` ft z Ar p �"o� OR BOOK 4645, PACa^E 2354( C.CR eE E o.., Psi�I� Sa�J66/5 0�`) 7.81 ACAS t O 'er yo E%6 /6k5" / APOR7CWOV= / ".. 11° Th E SOUThEAST.YE-OUARTER(1/4)OF 77-E SOIVT M ST OV E-OVAfl7ER(1/4)OF 4. lf. S-CTION 24 mw ',P 50 SOU771!RANGE 26 EAST /2Gj COLL ASA COON Y, R_O DA /55;5%i5°° ACCESS TRACT /55 OW11E9 NARES CAROL Y!V A 77,C%f SCW AS 717US7EE OF / E BRUCE'D. �,Lr-71K/1�S REVOCABLE 7Aa4T DATED 11/3/1993 AS I 77TO AN Gl1'OMIDED 1/2 MEfIIEST AAD CAROL YN A. 7T1q AS TRUSTEE OF THE CAROL YN A ThOt4DS N REVOCABLE 779UST DA 7W. U 7.2007 AS 70 AN LAC1147ED 1/2/VTB9IEST O PARCEL UC 0006.9012010 p'6 OR BOOK 5070, PAGE 644, CCR h o oafACFES: THIS SKETCH IS NOT A SURVEY oh CERTIFICATE r- HIS IS TO CERTIFY THAT THE SKETCH SHOWN HEREON NOT VALID WITHOUT NE AND THE ATTACHED DESCRIPTION IS ACCURATE AND .W p CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF SIGNATURE AND THE 00 •6 AND DOES NOT REPRESENT A FIELD SURVEY. I FURTHER O;i'GiNAL RAISED SEAL CERTIFY THAT THIS SKETCH AND DESCRIPTION WAS OF A FLORIDA LICENSED COMPLETED IN ACCORDANCE WITH THE STANDARDS OF ,O O PRACTICE FOR SURVEYING AND MAPPING STATED IN RULES SURVEYOR AND MAPPER 2 5J-17.051 THROUGH 5J-17.053 OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO FLORIDA STATUTES C �� 30.00' N89'37'40„,,, CHAPTER 472.027. {��, 30.00' SEAL SOWN LINE OF 7Nf /� S.E. V4 OF THE S.W. 1 4 sEcn N 23, T505, R26E' WILLIAM S. PAYNE NMI" <+ �L PALM ROAD PROFESSIONAL SURVEYOR AND MAPPER /SLS 5685 IL (60' PUBLIC R/W) WSP CONSULTANTS, INC., #LB7188 STATE OF FLORIDA SHEET 1 OF 2 NO1'O 100 E 30.00' REVISIONS DATE BY S.W. CORNER OF INC S.E. 1/4 OFTHE SW. 14 SECTION 2J, r5o5, R26E UPDATE PER COUNTY COMMENTS FOUND 5/8" 03/15/17 WSP IRON ROD - NO 1.0. IN ASPHALT CUT OUT DATE OF SKETCH DRAWN BY CHECKED BY FILE NAME 12/05/2016 WSP WSP LELY—PARENT.DWG tfISPConsaltants Inc. 168 SURVEYORS&MAPPERS 18815 ANNELI9 DRIVE,LUTZ,FL 33548 PHONE(813)909-2420 CERTIFICATE OF MIRIORIZATIOPN L8 7188, STATE OF FLORIDA SKETCH AND DESCRIPTION - PARENT TRACT LELY - FL16089-S SECTION 23 - TOWNSHIP 50 SOUTH - RANGE 26 EAST DESCRIPTION OF PARENT TRACT (PER OFFICIAL RECORD BOOK 4645, PAGE 2354 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA) PARCEL "4" A TRIANGLE TRACT OF LAND DESCRIBED AS FOLLOWS: BEG/N AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECT/ON 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND RUN EASTERLY AND PARALLEL TO THE SOUTH BOUNDARY LINE OF SAID SECT/ON 23, FOR 534 FEET TO THE PO/NT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE CONTINUING EASTERLY AND PARALLEL TO THE SOUTH BOUNDARY LINE OF SAID SECTION 23, FOR 251 FEET,- THENCE RUN SOUTHERLY AND WESTERLY FOR 431.5 FEET, MORE OR LESS TO A POINT WH/CH IS 347.24 FEET SOUTH OF THE POINT OF BEGINNING OF THE TRACT HERE/N DESCRIBED; THENCE RUN NORTHERLY, PARALLEL TO THE WEST BOUNDARY LINE OF SAID SECT/ON 23 FOR 34724 FEET TO THE POINT OF BEGINNING; COMPRISING TWO ACRES, MORE OR LESS. PARCEL "6" A PARCEL OF LAND IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECT/ON, SAID POINT BEING THE POINT OF BEGINNING; THENCE 333 FEET EASTERLY AND PARALLEL TO THE SOUTH BOUNDARY LINE OF SAID SECT/ON; THENCE 505.80 FEET SOUTHERLY AND PARALLEL TO THE WEST BOUNDARY LINE OF SAID QUARTER QUARTER SECT/ON; THENCE 420.15 FEET AND 51'43'55" SOUTHWEST TO PO/NT ON THE WEST BOUNDARY LINE OF SAID QUARTER QUARTER SECTION; THENCE ALONG SAID QUARTER QUARTER SECTION LINE /N A NORTHERLY DIRECTION FOR A DISTANCE OF 762 FEET, THE POINT OF BEGINNING. BEING 4.91 ACRES, MORE OR LESS. THE RIGHT OF INGRESS AND EGRESS IS RESERVED OVER AND ACROSS THE SOUTH 30 FEET OF SAID LAND FOR PUBLIC ROAD FACILITIES. PARCEL "C" A PARCEL OF LAND IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE 333 FEET EASTERLY AND PARALLEL TO THE SOUTH BOUNDARY LINE OF SAID SECTION TO THE PO/NT OF BEGINNING; THENCE 201 FEET EASTERLY AND PARALLEL TO THE SOUTH BOUNDARY LINE OF SAID SECTION; THENCE 347.24 FEET SOUTHERLY AND PARALLEL TO THE WEST BOUNDARY LINE OF SAID QUARTER QUARTER SECTION; THENCE 256.01 FEET AND 51'43'53" SOUTHWEST, TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE 505.80 FEET NORTHERLY AND PARALLEL TO THE WEST BOUNDARY LINE OF SAID QUARTER QUARTER SECT/ON TO THE POINT OF BEGINNING; PARCEL CONTAINING 1.97 ACRES. THE RIGHT OF INGRESS AND EGRESS IS RESERVED OVER AND ACROSS THE SOUTHERLY 30 FEET OF SAID PROPERTY FOR THE CONSTRUCTION OF PRIVATE AND PUBLIC ROADS. REVISIONS DATE BY SHEET 2 OF 2 DATE OF SKETCH DRAWN BY CHECKED BY FILE NAME UPDATE PER COUNTY COMMENTS 03/15/17 WSP 12/05/2016 WSP WSP LELY-PARENT.DWG 16B I EXHIBIT B Legal Description of Conservation Easement [THIS PAGE INTENTIONALLY LEFT BLANK] 8 NSF Co dtaj, / 1:3 I SURVEYORS&MAPPERS' ,1 • „ 18815 ANNELLS DRIVE,LUTZ,FL 33548 PHONE(813)909-2420 CERTIFICATE OF AUTHORIZATION LB 7188, STATE OF FLORIDA NORTH SKETCH AND DESCRIPTION PRESERVE SCALE: 1' - 200' LELY - FL16089-S °EtRiVOS ARE GRID SECTION 23 — TOWNSHIP 50 SOUTH — RANGE 26 EAST P.O.C. LEGEND (PRESERVE) P.O.C. = Point of Commencement N.W. CORNER OF THE SE. T/4 OF THE SW. 1/4 P.O.B. = Point of Beginning SECTION 23, TSOS, R26E C.C.R. = Collier County Records FOUND 4'X 4' CONCRETE MONUMENT R/W = Right-of-Way NO LD• O.R. = Official Record N89'44'001- 785.00' SO1'01'00 W \NORTH LINE OF THE 81.44' SE. 1l/4 OF THE S.W. 1/4 NORTH LINE N90.00/00NE SECT? 23, TSOS R26E PARENT' TRACT h0 BEARING NOTE t 179.261 En� i BEARINGS SHOWN HEREON ARE GRID AND PRESERVE Ja4� f« ARE RELATIVE TO THE WEST LINE OF THE U 1?, SOUTHEAST ONE-QUARTER (1/4) OF THE P.O.B. N 4! (32,229.13 SQUARE FEET f) �� SOUTHWEST ONE-QUARTER (1/4) OF (PRESERVE) O '(v Q SECTION 23, TOWNSHIP 50 SOUTH. RANGE 26 EAST, HAVING A BEARING OF O O C:) ^ 'v• )^ �"� NO1'Oi'00'E. F 182.42 Oc� ,�') N^ S90.00'00"W 54)6 PARENT TRACT 55 06d3kbky OW11Efi N41t CAROL YN A. T OMPSON �+ GP' AS TAIL(STEEOICTHECAROLYNA 77'>CMPSON �, c +p Oc's0R35k G REVOCABLE TRUST DAFED L 7 2007 3 -. E R 61 �o�r� PARCEL Q 004.13520005 44 N'^ p PPf.O���E GS�2�a00%/ `Pc,--‘LA OR BOOK 4644 PAGE23541 C.C.R ces o (e- a 7 5o Ja j 6 y6 7.8f ACES t N �4 LEASE PARCEL P ,,,.-6h,• \, ~'` '' ) THE S10U17fAST OV1E-CUAR7a9(1/4)OF �� 5 lli" ME SOUTHWEST OAL--OfANTER(1/4)OF o 'VI l 8 SECTXOW 2.1 7DWA A7 SOM/Th(RANGE 26 EAST 25 00 E/ AC , aA D L� IVTY, 2Caf7DA 2 2/gNi v1Z.1TVEASEMENT �y% 25 ACCESS TR4CT <4411441c1 OW11E9 NAA CAROL YN A. THOMPSON AS TRUSTEE OF THE BflUCE D. J®1KA149 REVOCABLE TRUST DATED 1//3/'999 AS IV TO AN twvi,QED 1/2/VT1EST AAD CAROL YN A. T OMPS W AS 77it67EE OF THE CARIOIL YN A. T OM SOIV REVOCABLE TRUST DA7EID.(4 E7 2007 AS TOAIV 1ACYVVED 1/2AV7EAEST PARCEZ Dr 004 36901210p , -6 v6 43 OR BOOK 5070, PAGE 644, C.CR a ry 0.81 ACRES± THIS SKETCH IS NOT A SURVEY h CERTIFICATEo THIS IS TO CERTIFY THAT THE SKETCH SHOWN HEREON NOT VALID WITHOUT THE AND THE ATTACHED DESCRIPTION IS ACCURATE AND SIGNATURE AND THE eW ** CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF ORIGINAL RAiSItD °EAL �O AND DOES NOT REPRESENT A FIELD SURVEY. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION WAS OF A FLCRID.4 LICENSED p O COMPLETED IN ACCORDANCE WITH THE STANDARDS OF SURVEYOR AND MAPPER PRACTICE FOR SURVEYING AND MAPPING STATED IN RULES 25J-17.051 THROUGH 5J-17.053 OF THE FLORIDA -� ADMINISTRATIVE • CODE, PURSUANT TO FLORIDA STATUTES N89'37'40"W CHAPTER 472.027 30.00'N89',3 $ p _- SEAL SOUTH LINE OF THE S E. 1/4 OF THE S.W. 1/4 SECTION.23, TsoS, R26E WILLIAM S. PAYNE limit + PALM ROAD PROFESSIONAL SURVEYOR ANO MAPPER SLS 5685 ili (60'PUBLIC R/w) WSP CONSULTANTS, INC., #LB7188 STATE OF FLORIDA SHEET 1 OF 2 NO1'01'00 E 30.00' REVISIONS DATE BY S.W. CORNER OF THE S.E. 14 OF THE S.W. 1/4 SECTION SECTIO 523'Tsps R26E UPDATE PER COUNTY COMMENTS 03/15/17 WSP IRON ROD - NO I.D. IN ASPHALT CUT OUT DATE OF SKETCH DRAWN BY CHECKED BY FILE NAME 12/05/2016 WSP WSP LELY-PRESERVE.DWG IIISPCa/ v/1ta /m SURVEYORS&MAPPERS 1 6 g . 18815 ANNELIS DRIVE,LUTZ,FL 33548 PHONE(813)909-2420 CERTIFICATE OF AUTHORIZATION: LB 7188, STATE OF FLORIDA SKETCH AND DESCRIPTION PRESERVE LELY - FL16089-S SECTION 23 - TOWNSHIP 50 SOUTH - RANGE 26 EAST DESCRIPTION OF PRESERVE A PARCEL OF LAND BEING A PORTION OF THE SOUTHEAST ONE-QUARTER (1/4) OF THE SOUTHWEST ONE-QUARTER (1/4) OF SECT/ON 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS• COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHEAST ONE-QUARTER (1/4) OF THE SOUTHWEST ONE-QUARTER (1/4) OF SAID SECTION 23 (FOUND 4" X 4" CONCRETE MONUMENT - NO 1.0.); THENCE ON A GRID BEARING OF 501'01'00'W ALONG THE WEST LINE OF THE SOUTHEAST ONE-QUARTER (1/4) OF THE SOUTHWEST ONE-QUARTER (1/4) OF SAID SECTION 23, A DISTANCE OF 81.44 FEET TO THE POINT OF BEGINNING (SAID LINE REFERENCED BY A FOUND 5/8" IRON ROD - NO ID. IN ASPHALT CUT out - AT A DISTANCE OF 1328.00 FEET, BEING THE SOUTHWEST CORNER OF THE SOUTHEAST ONE-QUARTER (1/4) OF THE SOUTHWEST ONE-QUARTER (1/4) OF SAID SECTION 23); THENCE N90'0O 00£ A DISTANCE OF 179.26 FEET• THENCE SOO'00'00'W A DISTANCE OF 178.22 FEET,• THENCE S90'00'OO"W A DISTANCE OF 182.42 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST ONE-QUARTER (1/4) OF THE SOUTHWEST ONE-QUARTER (1/4) OF SAID SECTION 23; THENCE N01.01'00''E ALONG SAID WEST LINE, A DISTANCE OF 178.24 FEET TO THE POINT OF BEGINNING; SAID PARCEL OF LAND SITUATE WITHIN COLLIER COUNTY, FLORIDA CONTAINING 32,229.13 SQUARE FEET, MORE OR LESS. REVISIONS DATE BY SHEET 2 OF 2 DATE OF SKETCH DRAWN BY CHECKED BY ' FILE NAME UPDATE PER COUNTY COMMENTS 03/15/17 WSP 12/05/2016 WSP WSP LELY-PRESERVE.DWG ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 4 L B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 1V4 4. BCC Office Board of County \,,� Commissioners Vl 'k` `-\ 5. Minutes and Records Clerk of Court's Office 1\1\k) 11\2111 ,50f01( PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive S mmary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec Phone Number 239-252-5805 Contact/ Department Agenda Date Item was 02/23/2010 Agenda Item Number 16.B.1 Approved by the BCC (Resolution 2010-39) Type of Document Easement Agreement Number of Original 1 Attached Documents Attached INSTRUCTIONS& CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's si ature line date has been entered as the date of BCC a proval o,the document or the(finalated contrac 'a e w c ever is app tca e. O 6. "Sign here"tabs are p ace. on i e ap• •• .. - •..- ' •' . 'ii_w - e Chairman' KD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 and all changes made during the meeting have been incorporated in the attached document. The County KD Attorney's Office has reviewed the changes,if applicable. ; ' 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. Please scan under BMR Real Property—Kirkwood Ave Ext—Parcel 105-107DE/TCE 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 163 1 PROJECT: 60094 — Kirkwood Avenue Extension Phase II PARCEL(s): 105DE/TCE, 106DE/TCE, and 107DElTCE FOLIO(s): 61833920105, 70820320000 & 70820280001 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on thisday of , 2017, by and between SOUTHERN REGION DEVELOPMENT, LLC, a Florida Limited Liability Company whose mailing address is 364 Edgernere Way N, Naples, FL 34105 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a Drainage Easement over, under, upon and across the lands described in Exhibit "A" and a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "B" (hereinafter collectively referred to as the "Easements"), which are attached hereto and made a part of this Agreement; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easements to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easements requested by County. NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall convey the Easements to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of properly executed easement instruments) is hereinafter referred to as the "Closing." (7/(7) 16B 1 Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easements, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easements upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the Closing Documents, properly executed, witnessed, and notarized where required, in a form acceptable to County. 3. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. CURATIVE INSTRUMENTS AND PROCESSING FEES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instruments recording fees. In addition, County may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easements. County shall have sole discretion as to what constitutes "reasonable processing fees." 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easements by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 7. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. i; 2 _ 3 16 8 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO CQUNTY: DATED: oy wI Q.,tir 2 20 (---1 ATTEST: BOARD "i F ' . NTY COMMISSIONERS DWIGHT E. ROCK, Clerk COLLIE" • . TY, FLORID: \its'(..?51,x:Yizatu,.., /i ., - , ,,.. Attu as to Chairman's Deputy\Clerk PENNY T, ' OR, CH A SOAN signature oOnll. AS WNER: DATED:_ pvJ44_rdoi _ SOUTHERN REGION DEVELOPMENT, LLC, a Florida Limited Liability Co sa Wit 4A-441./Lf BY: ‘-. `"------ ---\--,,\ _CCM Withss (Signature) J011 6ASKEY JR, -mber Name ( rint or Type) --_'1,4,-.L.-t2C.-k--_24---4-c- Witness (Signature) Ka a u.0 C.-eC- Name (Print or Type) Approved as to form and legality: 5,..L4-1 -4_ ___ ________ _ Assistant- ounty Attorney Last Revised 12/10/2014 ,,jo 3 u f 3 9 1613 1 p /-/t- PROJECT NO. 60094 EXHT PROJECT PARCEL NO. 105DE Pa e / If PARENT TRACT FOLIO NO. 61833920105 g LEGAL DESCRIPTION & SKETCH (NOTA SURVEY) PERPETUAL, NON—EXCLUSIVE DRAINAGE EASEMENT THE SOUTHERLY FIFTEEN FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE EAST 65 FEET OF THE WEST 254.4 FEET OF LOT 29, NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARM NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 27A OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ac " d Ste' 'd' !:4' '$ ,- $ :�$- Fid".-^,�, V' � ( 3. 1., r*. .. .-„,„-,.. SOUTHERN REGION `N ' ;, .. DEV COMPANY O.R.3272,PAGE 2725 s eLtr, Y ; -..: , . ... .,-..;.,,,, -4., lilt A , ,,,,,,,:: X4,1 t ; N '. PROPOSED 15' $" ; " DRAINAGE EASEMENT k.4;04,4-..;44-011,''," ,0,-4—,,..4,4N.'"',,, ,"-".:','Y l'-'.. ' '..".: . '',4''*-4. '4'. • 3 SKETCH NOT 70 SCALE a:,Collier County Growth Management Drvisbn transportation Engineering Department 08/14/17 2.38 PM 16B 1 PROJECT NO. 60094 u PROJECT PARCEL NO. 106DE EXHIBIT_ PARENT TRACT FOLIO NO. 7082032000 Page ,2_ of 3 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT THE SOUTHERLY FIFTEEN FEET OF THE FOLLOWING DESCRIBED PROPERTY: LOTS 25 AND 26, ROCK CREEK PINES, UNIT 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 86, TOGETHER WITH THE VACATED ALLEY ADJACENT THERETO, SAID ALLEY HAVING BEEN VACATED BY RESOLUTION NO. 2004-217 RECORDED IN O.R. BOOK 3595, PAGE 1943, AND TOGETHER WITH THE EAST 85 FEET OF THE WEST 339.4 FEET OF LOT 29, NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARM NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 27A, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ', � '""�,,S:a tax 3° ' S5 lr'[3 , S" -1, a�„, ;. sv , -:-.,--;,-,,;.-„,,.,;;5.;;,."4,,,;. i ¢i .. f tmf� *,.a... , I 4 ^ ., k; 2‘t-i",‘ , ii 8:£ x� , 4 8 9 SOUTHERN REGION DEV CO ,. ` 1 `”,' O.R.3272,PAGE 2731 : I oaf � 6 � 1 ' 4 -, I;' , - ' ' ' ,. , f.„, i �� PROPOSED 15' t DRAINAGE EASEMENT ,, 1 C � � ' w E z '4,-,k,,, " + i" g SKEFCH NOT 70 SCALE CJI ler County Growth Mar.agen:ent Dry s,on-Transpottaton Engineering Department G5114117 2 41 PM 16B 1 PROJECT NO. 60094 %. PROJECT PARCEL NO. 107DEIOIT PARENT TRACT FOLIO NO. 70820280001 Page..... ..Of LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT THE SOUTHERLY FIFTEEN FEET OF THE FOLLOWING DESCRIBED PROPERTY: LOTS 22, 23, 24, 27, 28 AND 29, ROCK CREEK PINES, UNIT 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 86, TOGETHER WITH THE VACATED ALLEY ADJACENT THERETO, SAID ALLEY HAVING BEEN VACATED BY RESOLUTION NO. 2004-217 RECORDED IN O.R. BOOK 3595, PAGE 1943, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Ir;� .. CCAVOR : SOUTHERN REGION DEV CO ' z O.R.1659,PAGE 1401 41£ Y.44 4 A 1 1r 7 PROPOSED 15 - # a � � DRAINAGE EASEMENT z * �� A�. � IIIIIS b �� �It•tw5 SAE TO-1 NOT TO SCALE 06,1411710.JPM (o',Iler , CouaP Crooth'ManaycmentDrvis',on-TransprrtahonEngineeringDa.,par6nent C�Q 16B 1 PROJECT NO. 60094 PROJECT PARCEL NO. 105TCE EXHIBI PARENT TRACT FOLIO NO. 61833920105 Page of . LEGAL DESCRIPTION & SKETCH (NOTA SURVEY) TEMPORARY CONSTRUCTION EASEMENT DURATION: ONE YEAR THE NORTHERLY FIFTEEN FEET OF Tf-IE SOUTHERLY THIRTY FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE EAST 65 FEET OF THE WEST 254.4 FEET OF LOT 29, NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARM NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 27A OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. " .� 0,m. ;`a cU,vi. ti i 1 r fi: F A ,. Yr r , SOUTHERN REGION 4'''' DEV COMPANY O.R.3272,PAGE 2725 4 b g ; _ F rr r tit; lit:',...,,,'e PROPOSED 15'TEY iCONSTRUCTION EASEMENT �, 9 4 S t �gF��am � � k.% T¢�, �"�� t{y.a,�1 �R s3� 9 1�� " a a :404'....,k:44';',';;:, , " s W F a. air `� ;�, " Baa �" s;r '' s S SKETCH NOT TO SCALE Coiller County Growth Management Division.Transportation Engineering Department 60/13/17 1 29 PM CAr 16B 1 PROJECT NO. 60094 EXHIB_Of PROJECT PARCEL NO. 106TCE PARENT TRACT FOLIO NO. 7082032000 Page LEGAL DESCRIPTION 8� SKETCH (NOTA SURVEY) I TEMPORARY CONSTRUCTION EASEMENT DURATION: ONE YEAR THE NORTHERLY FIFTEEN FEET OF THE SOUTHERLY THIRTY FEET OF THE FOLLOWING DESCRIBED PROPERTY: LOTS 25 AND 26, ROCK CREEK PINES, UNIT 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 86, TOGETHER WITH THE VACATED ALLEY ADJACENT THERETO, SAID ALLEY HAVING BEEN VACATED BY RESOLUTION NO. 2004 217 RECORDED IN O.R. BOOK 3595, PAGE 1943, AND TOGETHER WITH THE EAST 85 FEET OF THE WEST 339.4 FEET OF LOT 29, NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARM NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 27A, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. •,,,,;.--A, ..,:r-77;",..,:!.:79,,,, ;,,,„,„ ',,,..z_;,,,'„,,,,,,,,,,_,,,-- ,.. ,,;,,,,,,,,,..,,:,":-.."4.,:i..,i,,,,,,,.-,4:-i:,-, ,,,,,.-..,.,;,.,..:;,,,, ,ii=4.; eq SOUTHERN REGION DEV CO O.R.3272,PAGE 2731 I ' ip,„,:i , ,. ., . ,:i ' $ ' , ri „it t .,i, t. -0044 , PROPOSED 15'TEMPORARY 1 CONSTRUCTION EASEMENT y7 �Y � s E ' 'mss , "" a � Si('ETCH NOT 70 SCALE Colter County Growth Management Diisbn Transportation Engineering Department C6/1347 1 35 PM 8 16B 1 PROJECT NO. 60094 EXHIBIT...______._. PROJECT PARCEL NO. 107TCE EXHIBIT..........._ PARENT TRACT FOLIO NO. 70820280001 Page -3 of__&._..... LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) TEMPORARY CONSTRUCTION EASEMENT DURATION: ONE YEAR THE NORTHERLY FIFTEEN FEET OF THE SOUTHERLY THIRTY FEET OF THE FOLLOWING DESCRIBED PROPERTY: LOTS 22, 23, 24, 27, 28 AND 29, ROCK CREEK PINES, UNIT 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 86, TOGETHER WITH THE VACATED ALLEY ADJACENT THERETO, SAID ALLEY HAVING BEEN VACATED BY RESOLUTION NO. 2004-217 RECORDED IN O.R. BOOK 3595, PAGE 1943, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ` ,j , 4 a„-'L!" ,. ,..., `n5 X' '. re A T.. _.. gtvS Nx '- 'aS aY ! `:;m ass a °^" ',4:2',,"-- C!- §,-... .. ,:.,i..,_, o ,� t,a. , ,N1,,,,,.t, a 1 SOUTHERN REGION DEV CO 7.;x k j O.R.1659,PAGE 1401 °44,1- 8 z 14 T` . ;c �� t injj t%.. 3 4 7 f x V J I 1 PROPOSED 15'TEMPORARY CONSTRUCTION EASEMENT #M f ? a lnm. .Y 14,,,- }T Y yf x i,,, 4 .t z •i ce r» ,, s; . ,` 1 M' w+h; `f" � ii , s ,;',''''',`.1,'"' �1 ' y '..,::.1.', . $F S 4..:: ,6'.3. sem.` YF.%[d9 v,I,;+p .- Y^ii e- ". .. `-... SKETCH NOT TO SCALE 06 t3/171.39 PM Collier County Growth Management Division-Transportation Engineering Department ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO R16 8 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. f / **NEW** ROUTING SLIP col I 73 Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alrea )complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office Qie 2. BCC Office Board of County .1."1" Commissioners VIS/ / 1A\-Z— A 3. Minutes and Records* Clerk of Court's Office 1\AA) 11 I .3:50e4 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec Phone Number Contact/ Department TECM-ROW239-252-5805 Agenda Date Item was 02/23/2010 Agenda Item.Number 16.B.1 Approved by the BCC Resolution 2010-39 Type of Document FPL Subordination Agreement Number of Original Attached Documents Attached PO number or account Please use attached recording slip number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? ) t' g2 2. Does the document need to be sent to another agency for additional signatures? If yes, No provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval qf the document or the na negotiated contract date w is ever is ale 6. "Sign here"tabs are placed on the appropriate pages indicating where the Cha XD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010(enter date)and all changes bA made during the meeting have been incorporated in the attached document. The SCD a County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the F *(4i BCC,all changes directed by the BCC have been made,and the document is ready for the ` , Chairman's signature. Please scan under BMR Real Property—Kirkwood Ave Ext—Parcel 105-107DE/TCE I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16B i PROJECT: 60094—Kirkwood Avenue Extension 11 INSTR 5467141 OR 5446 PG 1115 This instrument prepared by: RECORDED 11/6/2017 10:16 AM PAGES 5 DWIGHT E.BROCK,CLERK OF THE CIRCUIT COURT Florida Power& Light Company COLLIER COUNTY FLORIDA REC$44,00 P. O. Box 1 119 Sarasota. FL 34230-1119 SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT, entered into this Zr.ck day of ,erY 2017, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and FLORIDA POWER & LIGHT COMPANY, a Florida Corporation, whose mailing address is P. O. Box 14000, Juno Beach, Florida 33408, hereinafter called "Utility". WITNESSETH: WHEREAS, the Utility presently has an interest in certain land that has been determined necessary for drainage improvements, and WHEREAS, the proposed use of this land for drainage improvements will require subordination of the interest claimed in such land by Utility to the County; and WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the drainage and utility easement if necessary to prevent conflict between the County's use and the Utility's use, and for the benefit of each, and WHEREAS the County, in recognition of the Utility's interest in the certain lands, is willing to pay for any future relocation of the Utility's facilities, if any, from or within the entire width of the drainage easement shown on Exhibit "A", attached hereto and made a part hereof, NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and the County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing, improving, maintaining and operating drainage facilities over,through, upon, and/or across such lands, based on the following: NATURE OF ENCUMBRANCE DATE RECORDED BOOK,PAGE Easement 04/18/1974 OR 589, PG 954 et seq Easement 06/06/2005 OR 3828, PG 4162 et seq Easement j 01/23/2006 j OR 3970,PG 3749 et seq The County and the Utility further agree that: I. "Drainage Easement", as used herein, shall mean that area which is described in Exhibit "A" and which includes the Utility's easements identified above and additional lands for drainage, as described in Exhibit "A", attached hereto and made a part hereof 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the drainage easement described in Exhibit "A", in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the easement area will be subject to prior approval by the County. 3. The County shall pay for the relocation of existing facilities, if any. In addition, the Utility retains the right to be reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located presently or to he lnrateri nn the rirainaae easement riecrriheri in Frhihit "A" if cnrh relnratinn nr arlinctment is ranceri by nrecent , 16B 1 6. This Agreement shall not be assigned by the County except to the State of Florida. IN WITNESS WI IEREOF,the parties hereto have executed this Agreement on the day and year first above written. ATTEST: . ' BOARD I I i NTY COMMISSIONERS DWIGHT E.BRQCK,-Cleik COLLI D.. C• . TY,FLORIDA r �:. if . A'alliBY: // hest as to Chairmans? i PENNY T.or•R,CHAI' ' signature anty.: ., : .) • Signed,sealed and delivered FLORIDA POWER&LIGHT COMPANY in the presence of: By:iW(..-M.'7 ` (Il."-Ci..<_, By: .,11. / ---- Title: .r Title:Corporate Reaf Estat� ger ! / b Print Name: ////,t,1 .. I. . `-e Print Name: Mark L.Byers By: 6/4/2.tre 4042,44-".. Print Name: 1AN€ _ (Corp.`,,/ Seal) STATE OF FLORIDA,COUNTY OF SARASOTA I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared Mark L. Byers,to me known and personally, 100w4 tame to be the person described in, and did not take an oath and who executed the foregoing instrument as the �,ct_A aIZeal Estate Manager of the Florida Power& Light Company and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation. tis WITNESS my hand and official seal in the County and State aforesaid th•s)'`day of k..4...6 r,2017. (affix notarial seal) )r ,, f� 2 ' i nature of Notary Public) .�•.. /� ill(As /) 4. (VC- /9. ::,., LILLIAN M COLE ( rint Name of Notary Public) "' MY COMMISSION#FF080689 orate+' EXPIRES October 7,2017 .....EXPIRES Serial/Commission# (if any): (407)398.0183 FloridalloteryService.com My Commission Expires: I Approved as to form and legality: 4. — - m. Assistant Co•ty Attorney 1 i 2 FPL Subordination Agreement Last revised:03/20/2013 16 B 1 PROJECT NO. 60094 PROJECT PARCEL NO. 106DE PARENT TRACT FOLIO NO. 7082032000 M`B IT2 Pageof_3 LEGAL DESCRIPTION & SKETCH (NOTA SURVEY) PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT THE SOUTHERLY FIFTEEN FEET OF THE FOLLOWING DESCRIBED PROPERTY: LOTS 25 AND 26, ROCK CREEK PINES, UNIT 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE k,'.!'8''',''',''''.',6'.%-1-'f';,"f'-t::,,, 6, TOGETHER WITH THE VACATED ALLEY ADJACENT THERETO, SAID ALLEY HAVING BEEN VACATED BY RESOLUTION NO. 2004-217 RECORDED itV IN O.R. BOOK 3595, PAGE 1943, AND TOGETHER WITH THE EAST 85 FEET OF THE WEST 339.4 FEET OF LOT 29, NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARM NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 27A, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. .::,..,,,,7,,. , . .' ,—•.i,•,„.,,','.':;4''4,.••.",.1',k7)',,7i,,,-,',,.,.;:%'.,..•4--:,‘-,.;7.1,;'-,;7s':-1,#4''':'f''';T,i'1;,";:4i*',4.'4'',,.'.",?''?,'s•':':-•4''''r''.,t•,-;• 4 f tea w, t,, , {= - }'4• : ' -- . r. ' ' *' e '- 117 87,,,_ ay r�"� '''* :,,,7 ' aryt :¢‘ i A 's' :� .�° ! '� �# , a! stye 3; s k5 ' b +!t a „,a« !,"5 ` '' Eat"- Li sa =6`5 1.4N #4, '.%7' 'i '!1 }�`m z'', a'' x + a�.A 1-*ti3��'7$x 'u" s `�.'�a^f e v'u.. ''wr`. >F L53Ski 't;'<wn ,s.c: y. cY .., ykv„Ye. 4ci$ A m> ..4' w ,s,-:4,' } a k}`1➢'» .Y�'st'^dX`,k_, — ' y 'n � k it ''‘-';''-'' ''''''''' ' ' ' ' ' '4' Kc gay. e E '7'44' ':.fiS, SOUTHERN REGION DEV CO „,: ” f O.R.3272,PAGE 2731 ' . a I �, a �: , w 1 C ; . ,z,,,,;':',,,',., '.':' ‘.`'e-.!4.:±:,i,',,,,,,,,,': � �o fe �� 41411. ° �'` PROPOSED 15' +E ,, DRAINAGE EASEMENT � � 41N k su v . 03 cs spa CH NOT TO SCALE Collier County Growth Management Division Transportation Engineering Department 06114117 2:41 PM 16B 1 PROJECT NO. 60094 PROJECT PARCEL NO. 107DE EXHIBIT _PARENT TRACT FOLIO NO. 70820280001 Page of LEGAL DESCRIPTION & SKETCH (NOTA SURVEY) PERPETUAL, NON—EXCLUSIVE DRAINAGE EASEMENT THE SOUTHERLY FIFTEEN FEET OF THE FOLLOWING DESCRIBED PROPERTY: LOTS 22, 23, 24, 27, 28 AND 29, ROCK CREEK PINES, UNIT 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 86, TOGETHER WITH THE VACATED ALLEY ADJACENT THERETO, SAID ALLEY HAVING BEEN VACATED BY RESOLUTION NO. 2004-217 RECORDED IN O.R. BOOK 3595, PAGE 1943, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. m w r< 4, rX,,ae, w Ctarx LL ► t4c s 4 a r: � w * fir' « _a f M r ,y.r_ K,, s .. p � �, '. far � c : r 3 �' � 4: __ •' }s�� '','„',.,-",,-',-,4::4'-)1}'. SOUTHERN REGION DEV CO '`% O.R.1659,PAGE 1401 4� � b „ � ! 5. .,:,,,,til.„,„, .4.1.*:',,:.t-Ef:,,,ti-l*A-,:,.„;,, , :'7:";` •‘,-,•.„,'-,-''.‘1 . „,, 40:* � ,-,,;.,.-..-,,',:::-;!'!4:1-- �s�x „'�, t' � y 4 :,,,,,,f1:',1-:::',,,;.,:-',,,-.,::, s .. n a =i"ix +�,yk f N , Y' ,,,, ,,,,,r„.....4,,� s ., .:,.' ' - ' .,'„,:iiii6;--,,. -,...,,:-!::-*V...,-iii.; PROPOSED 15' DRAINAGE EASEMENT �.' g °� xm a , N W+E SKETCH NOT TO SCALE Collier County Growth Management Division-Transportation Engineering Department 06114/17 2:43 PM 16B 1 PROJECT NO. 60094 PROJECT PARCEL NO. 108DE EXHIBIT PARENT TRACT FOLIO NO. 70820200007 Pegg. Of _ LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT THE SOUTHERLY FIFTEEN FEET OF THE FOLLOWING DESCRIBED PROPERTY: LOTS 18, 19, 20, 21, 30, 31, 32 AND 33, ROCK CREEK PINES, UNIT 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 86, TOGETHER WITH THE VACATED ALLEY ADJACENT THERETO, SAID ALLEY HAVING BEEN VACATED BY RESOLUTION NO. 2004-217 RECORDED IN O.R. BOOK 3595, PAGE 1943, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. s;".� a , tt'� .ee °}.. ,,fib e� ,''.7;-?,)7 ,?"'�„Y .”" - ,v--, '',:f,4„,s';‘,..•',.,'''.:4-4-,t..4.": s .,'^.z- ,- '' a �' x . `r ^, �a X 4 5, ! �g� � d �' Y : • ., .a . a o'm�-,wnt+_.. Y` K xe3 .' ws+ , ...,,:::„4.,,,,,,,,;„:„:„....i., * x � � a ser p. 'R S : § r c i. fit' _ Eel .�a�A .....:,,',4,,,--f.-..,..,.„ ia', N*��i •� T m ;: C af1Z x�nt a x �' " p4 .u. ., �f'�x � &yr��'r,,�w � ��e a � �.h�� � e �,��,� � � „,.:-4,-..,,-i...;,„ y �x :� • Fsn.� :' ^ '0,-'',.,,.�f ,, tg E eki i'lt =4- a� s 3 s2 , d^4's ,?.. 'i, ti<� xY �-• 6” .' ",. 'b t Lf';CJ�'; T,'''.1:1'1,',14*' '" r b ' � r d DAVIS INVESTMENTS LLC . � r „ „ � 0 R 5355,PAGE 7954444, '��` ! ' '.- � ",7'„,,i1,'' � �*��� 5 r a, 3' i r�''",!,C, k n .. x $ ,. V:-:: ' ''' ' '1 .tf41.:1:1;*;1':;;:i'4?:;;.';':!4:::4t:''''i''1.:''''''''''.'''''‘''''iN7b15:°i,tii1;1iPi.:::,i;:1;:::-;''''41#1,;til;'i:1 ' ' '' -''''11;:;:" :;:::; '4'':':::''''''T 1 ''_ y'. , ''''°' e g ,a# a ^ ,,p �. S 7� 3 ...,,,,.,'..;.'---:-..v--4,..„4,...' • } a: :x4 „x. :4;'7:1;:'1.• a axK _. fir`s, �e t a �"u;k. '- ��' " $r - !'' ';wr'- S., �y ", F :: t ,"" j�C ',.. 'fin { ,�¢ y �,, -. Y .^:::'-'7,`.,-7::: s .. 1 s. :ir i ''' T bz� � t 'p pp j g PROPOSED 15' 3 DRAINAGE EASEMENT4iws ' „ '. 3. 6 4 k. z s y ,:,'..„:':',::::.4,,40,01,-,:=4-..,,,,,,,,,,k $_8 .Ft✓Z W 1� .,. s .see-E. s -fit � ,:.,,2,.,....,,,,,,,,,,,,iw«e N �4 � � �l �t 111! IAA�IIIF mop ;:1�� . • p s w r „fir;3A�.,°;m e*. '5 �, ',7.':, n S wap, .,,, ',r ;;e�r a" s'.���- r �.a. '�r � '-� �e SKETCH NOT TO SCALE Collier County Growth Management Division-Transportation Engineering Department 06/14/17 2:45 PM CNC) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 B 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later u than Monday preceding the Board meeting. t 1 **NEW** ROUTING SLIP eecod . Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alre y omplete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Cou orney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office CA t 1 7 4. BCC Office Board of County b` Commissioners cu,} 11- Q"1+ 5. Minutes and Records Clerk of Court's Office 11\k1 31)1 ffIGUj PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff David Anthony Phone Number 252-2497 Contact/ Department Agenda Date Item was 2/23/20101/7 Agenda Item Number 16B1 Approved by the BCC Type of Document Conservation Easement Number of Original 1 Attached Documents Attached PO number or account Customer to be notified to pay the Clerk number if document is directly. to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the ; .plicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairma 's original •'gnature? DSA 2. Does the document need to be sent to an. • :.ency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be DSA signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. DSA 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DSA signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on —43—1 a and all changes made `44 during the meeting have been incorporated in the attached document. The County • 4 Attorney's Office has reviewed the changes,if applicable. % `I 9. Initials of attorney verifying that the attached document is the version approved by the ,� ."�/� BCC, all changes directed bythe BCC have been made,and the document is ready for the � ' �� Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16B 1 OFFICE OF THE COLLIER COUNTY ENVIRONMENTAL SERVICES SECTION INTEROFFICE MEMORANDUM TO: Board of County Commissioners of Collier County FROM: David Anthony, Environmental Services Section DATE: 07/27/2017 RE: Acceptance of Conservation Easement Attached is a Conservation Easement for Old 41 FP&L Angler Substation. In accordance with Resolution No. 2010-39, approved by the Board of County Commissioners on February 23, 2010, I am requesting that if this Conservation Easement is acceptable, please sign or stamp as to approval of this Conservation Easement, and forward it, along with the attachments, to the Clerk for attestation and recording. Thank you for your consideration of this matter. If you have any questions, feel free to contact me at (239) 252-2497. Attachments 16B 1 OFFICE OF THE COLLIER COUNTY ENVIRONMENTAL SERVICES SECTION INTEROFFICE MEMORANDUM TO: Clerk to the Board, Board Minutes and Records FROM: David Anthony, Environmental Services Section DATE: July 27, 2017 RE: Attestation and Recording of Conservation Easement Attached is a Conservation Easement for Old 41 FP&L Angler Substation, which has been approved by the Board of County Commissioners. Please attest as usual and hold the original documents until the applicant provides payment for recording. Then forward the packet to the Recording Department. Thank you for your assistance in this matter. Please send me a copy of the receipt via interoffice mail. Please send an email to DavidAnthony@colliergov.net when the easement has been recorded. If you have any questions, feel free to contact me at (239) 252-2497. The following agent will be paying the recording fees: John M. Schultheis, P.E. Dewberry Engineers Inc. 110 West Indiana Ave, Suite 202 DeLand, FL 32720 239-785-0468 P 239-785-0715 F Attachments Routing Slip Conservation Easement Clerk of Circuit Court's Information Sheet 16B 1 THIS INSTRUMENT PREPARED BY&RETURN TO: INSTR 5475418 OR 5452 PG 828 RECORDED 11/28/2017 11:51 AM PAGES 8 NAME: SETH S.SHE1TELMAN,ESQ. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC@.70$0.70 REC$69.50 ADDRESS: FLORIDA POWER&LIGHT COMPANY 700 UNIVERSE BOULEVARD JUNO BEACH,FL 33408 PARCEL I.D. #:A PORTION OF SPACE ABOVE THIS LINE FOR RECORDING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this `i _ day of , 2017, by Florida Power & Light Company, a Florida corporation (hereina r "FPL" or "Grantor"), whose address is 700 Universe Boulevard, Juno Beach, Florida 33408, Attention Corporate Real Estate Department, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the"Parties." WHEREAS, Grantor is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" attached hereto (hereinafter referred to as the "Property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind Grantor; and WHEREAS, the Parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area depicted on the attached Exhibit"B" ("Easement Property"). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. Grantor, its successors, heirs, assigns and/or transferees, hereby grants a non- exclusive easement to Collier County over and across the Easement Property described on attached Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the Easement Property. 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance Revised 7/28/14 1 16B 1 in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 3. Grantor, its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement Property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. 7. Grantor shall insert the terms and restrictions of this Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. Revised 7/28/14 2 16B 1 9. This Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Easement be perpetual. 11. If any provision of this Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Easement shall not be affected thereby, as long as the purpose of this Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and delivered in the presence of: WITNESSES: Florida Power & Light Company, a Florida corporation By•_ .�-� Prin d Name: Sp, !e.-el N Title: /-ifs' ihL,Pi-�, "� Print Name: + .4 Mo /b / Cr y'(:r4 Revised 7/28/14 3 1 6 B 1 STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrument was subscribed, sworn and acknowledged before me this cr rl day of Ma-`; , 2017, by aAa.479, i/ -t.�_ , as krm;ne.'rlAci w1tt,l it fl e ti for Florida Power & Light Company, a Florida corporation, arid who is PA/Personally known to me or [ ] who produced as identification. .ii:.�. -EL IIRAJEAN SALEM 111.�jell MY COMMISSION#GG 066787 EXPIRES:May26,2021 _ , --z._ r£!' goaded Thru Notary Public Underwriters . 'tom NOTARY PUBLIC Printed Name: 4`,-/,, ,-.. Jr°tf7 SA te..-1-1 Commission Expires: 5-44,120z, Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT.,:E. RL QCK, CLERK COLLIER COUNTY, FLORIDA te By:. II. 0 a. AAA Pep iC1eFk law -Pe .mac , Chairperson Attest as to Chtali n s F p >s signature only. Approved as to form and oval it 5�cokfi A.Si-on/- Assistant County Attorney CP\11-ENS-00442\4 Revised 7/28/14 4 16B 1 EXHIBIT "A" LEGAL DESCRIPTION: (PER OFFICIAL RECORDS BOOK 4158, PAGE 35, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA) A PARCEL OF LAND LOCATED IN THE SOUTH ONE—HALF (S1/2) OF THE SOUTHWEST ONE—QUARTER (SW 1/4) OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING WEST OF OLD TAMIAMI TRAIL, FLORIDA STATE ROAD NO. 45 (CR. 887, FORMERLY US 41), BEING MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SOUTHWEST ONE—QUARTER OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 89' 52' 47" E., ALONG THE SOUTH LINE OF THE SOUTHWEST ONE—QUARTER OF SAID SECTION 10, FOR A DISTANCE OF 878.25 FEET TO A POINT ON THE WESTERLY RIGHT—OF—WAY LINE OF OLD TAMIAMI TRAIL, FLORIDA STATE ROAD NO. 45 (C.R. 887, FORMERLY U.S. 41), A 150.00 FOOT RIGHT—OF—WAY; THENCE RUN N. 31' 22' 30" E., ALONG SAID WESTERLY RIGHT—OF—WAY LINE, FOR A DISTANCE OF 152.07 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N. 31' 22' 30" E., ALONG WESTERLY RIGHT—OF—WAY LINE, FOR A DISTANCE OF 387.05 FEET; THENCE RUN N. 90' 00' 00" W FOR A DISTANCE OF 559.65 FEET; THENCE RUN S. 11' 18' 37" E, FOR A DISTANCE OF 21.33 FEET; THENCE RUN S. 02' 23' 46" E. FOR A DISTANCE OF 134.53 FEET; THENCE RUN S. 20' 01' 14" W FOR A DISTANCE OF 138.74 FEET• THENCE RUN S. 03' 08' 37" W FOR A DISTANCE OF 44.00 FEET TO A POINT OF 130.000 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHWEST ONE—QUARTER OF SAID SECTION 10; THENCE RUN S. 89' 52' 47" E. PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE—QUARTER OF SAID SECTION 10, FOR A DISTANCE OF 398.24 FEET TO THE POINT OF BEGINNING. BEARINGS REFER TO THE SOUTH LINE OF THE SOUTHWEST ONE—QUARTER OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING S. 89' 52' 47" E. ry SURVEY NOTES' CERTIFIED TO: 1. BEARINGS AND COORDINATES SHOWN HEREON ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN FLORIDA POWER & LIGHT COMPANY ry DATUM (NAD) OF 1983 WITH 2011 ADJUSTMENT AS DERIVED FROM THE TRIMBLE VIRTUAL REFERENCE STATION NETWORK. AS A cf ' Al REFERENCE FOR THIS SURVEY THE WESTERLY RIGHT OF WAY LINE "° ?' OF OLD U.S. 41 HAS A BEARING OF N31'42 37 E. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS—OF—WAY EASEMENTS, OWNERSHIP, ADJOINERS OR OTHER ''A '/ 09/05/2017 INSTRUMENTS OF RECORD. WILLIAM D. DdIVLEY , o DATE = 4. THIS SKETCH MEETS THE APPLICABLE 'STANDARDS OF PRACTICE" PROFESSIO.AL .ts,SIR ,YOR t ' P, i' AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LICENSE NLXM&, THE S 5381, NOT VALID VJThDU, THE SIGNAIUReaW9[, (ryt'IGINAL RAISED SEAL OF A SURVEYORS AND MAPPERS IN RULE 5)17.050—.052, FLORIDA FLORIDA LICEICrSED SURpdri AI B Ma `. ADMINISTRATIVE CODE. '. 5. THIS IS NOT A BOUNDARY SURVEY. SHEET 1 OF 2 (SEE :..,. SHEET 2 FOR SKETCH OF DESCRIPTION) SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY. 9. SKETCH OF DESCRIPTION PREPARED FOR: III-OF- Dewberry ANGLER SUBSTATION N 131 WEST KALEY STREET ORLANDO,FLORIDA 32806 ��� SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST PHONE: 321.354.9826 FAX:407.648.9104 WWW.DEWBERRY.COM DATE: 09/05/17 PROJ: 50084585 CERTIFICATE OF AUTHORIZATION NO.LB 8011 REV DATE: DRAWN BY: TAT a COLLIER COUNTY FLORIDA SCALE 1"= N/A CHECKED BY. WDO LEGEND: 16 B 1 -h--LINE BREAK R/W RIGHT OF WAY ORB OFFICIAL RECORDS BOOKPG PAGE /� SEC SECTION EXHIBIT "A" 0 CHANGE IN DIRECTION (0) DEED MEASUREMENT PC POINT OF CURVATURE PT POINT OF TANGENCY in r) N '0' N Q PARCEL NUMBER 00145280002 ro NW CORNER OFFICIAL RECORDS BOOK 4829, PAGE 2543 0 50 100 N N ORB 4158, ,:t.co PG 35 ES 1 INCH = 100 FEET LL,o N90'00'00"W 559.65'(0 mm �► 4158, Cr) N LINE ORB S11'1837 E 21.33(0) PG 35 0 �N J CC S02'23'46"E 134.53'(D) o O Qr h ?P PARCEL NUMBER 00145240000 \� $ 11 W LINE ORB 4158, FLORIDA POWER & LIGHT COMPANY `g PG 35 OFFICIAL RECORDS BOOK 4158, PAGE 35 . P ,c (13.54 ACRES) 4, '\P' 4) OPO ,z-P S20'01'14"W 138.74'(0) �'�� �`�`�' S �$� (<(/ POINT OF BEGINNING �� VV o`°�� 1 SE CORNER v S03'08'37"W 44.00'(0) ORB 4158, PG 35 eco t \§1` :'• N SW CORNER S89'52'47'E 398.24'(0) �0 C?<\,?. ORB 4158, PG 35 • °A S LINE ORB 4158, °'\� / PG 35 0 / h(\i PARCEL NUMBER 00145280002 in OFFICIAL RECORDS BOOK 4829, PAGE 2543 ,^° 3 ._ 9 1, S89 52'47 E 878.25'(D) '�1 V / 16 15 POINT OF COMMENCEMENT tiS LINE OF THE SW 1/4/ SOUTHWEST CORNER OF THE SOUTHWEST OF SEC 10-48-25 QUARTER OF SECTION 10, TOWNSHIP SHEET 2 OF 2 -' 48 SOUTH, RANGE 25 EAST (SEE SHEET I FOR LEGAL DESCRIPTION) SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY. U O SKETCH OF DESCRIPTION PREPARED FOR: 0 " i" Dewberry ANGLER SUBSTATION0 • a 131 WEST KALEY STREET ORLANDO,FLORIDA 32806 FPL SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST PHONE: 321.354.9826 FAX:407.648.9104 WWW.DEWBERRY.COM DATE: 09/05/17 PROJ: 50084585 CERTIFICATE OF AUTHORIZATION N0.LB 8011 REV DATE: DRAWN BY: TAT a COLLIER COUNTY FLORIDA SCALE 1"= 100' CHECKED BY: WDD 16B 1 LEGAL DESCRIPTION: EXHIBIT "B" A PORTION OF LAND LYING IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST; THENCE RUN S8932 32'E ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10, A DISTANCE OF 878.37 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF OLD TAMIAMI TRAIL (ALSO KNOWN AS OLD U.S. HIGHWAY 41 AND COUNTY ROAD 887) A 150.00 FOOT WIDE PUBLIC RIGHT-OF-WAY; THENCE RUN ALONG SAID WESTERLY RIGHT-OF-WAY LINE N3142'37"E, A DISTANCE OF 152.07 FEET TO THE SOUTHEAST CORNER OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4158, PAGE 35, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE RUN ALONG THE SOUTH LINE OF SAID LANDS, BEING A LINE THAT IS PARALLEL TO AND 130.00 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10, N893232"W A DISTANCE OF 341.05 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID SOUTH LINE N893232"W, A DISTANCE OF 57.19 FEET TO THE SOUTHWEST CORNER OF SAID LANDS; THENCE RUN ALONG THE WEST LINE OF SAID LANDS THE FOLLOWING FOUR (4) COURSES AND DISTANCES: NO3'15 33"E, 44.00 FEET; THENCE N2022'06"E, 138.77 FEET; THENCE N0202'14"W, 134.61 FEET; THENCE N11'17'55"W, 21.09 FEET TO THE NORTHWEST CORNER OF SAID LANDS; THENCE RUN ALONG THE NORTH LINE OF SAID LANDS S89 41'02 E A DISTANCE OF 105.10 FEET; THENCE DEPARTING SAID NORTH LINE RUN S132423"E, A DISTANCE OF 19.74 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 353535'; A CHORD BEARING OF 5042324"W AND A CHORD DISTANCE OF 15.28 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE A DISTANCE OF 15.53 FEET TO A POINT OF TANGENCY,. THENCE RUN S22'11'12"W, A DISTANCE OF 28.76 FEET; THENCE RUN S2050'18"W, A DISTANCE OF 37.22 FEET; THENCE RUN S26'12'03"W, A DISTANCE OF 42.40 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 25.00, A CENTRAL ANGLE OF 18'03'28", A CHORD BEARING OF S35'13'47"W, AND A CHORD DISTANCE OF 7.85 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE A DISTANCE OF 7.88 FEET TO A POINT OF TANGENCY; THENCE RUN S44'15'31"W, A DISTANCE OF 20.87 FEET; THENCE RUN S202055"E, A DISTANCE OF 22.54 FEET; THENCE RUN S4156'03"E, A DISTANCE OF 32.17 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 10323'40'; A CHORD BEARING OF SO9 45'47"W, AND A CHORD DISTANCE OF 39.24 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE A DISTANCE OF 45.11 FEET TO A POINT OF TANGENCY; THENCE RUN S6127 37"W, A DISTANCE OF 31.24 FEET; THENCE RUN S7130 20"W, A DISTANCE OF 29.25 FEET; THENCE RUN S11 42 52"W, A DISTANCE OF 26.12 FEET; THENCE RUN 5183034"E, A DISTANCE OF 31.59 FEET; THENCE RUN S18'43'16"W, A DISTANCE OF 10.95 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 24,266 SQUARE FEET (0.557 ACRES) MORE OR LESS. SURVEY NOTES.' CERTIFIED TO: e 1. BEARINGS AND COORDINATES SHOWN HEREON ARE BASED ON THE ry STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN FLORIDA POWER & LIGHT COMPANY DATUM (NAD) OF 1983 WITH 2011 ADJUSTMENT AS DERIVED FROMLp3,��eeme; s THE TRIMBLE VIRTUAL REFERENCE STATION NETWORK. AS A �� ‘� ;, 2u® " REFERENCE FOR THIS SURVEY THE WESTERLY RIGHT OF WAY LINE Q. Y D O C r p° '� ,', OF OLD U.S. 41 HAS A BEARING OF N31'42'37"E. ,4"°° °°° ti 0 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR !// f� : ° RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, ADJOINERS OR OTHER A/A j`' L„ 03/0/2017 INSTRUMENTS OF RECORD. f WILLIAM D. DONLEY DATE 3. WILLIAM SURVEYOR & 'PERF` 4. THIS SKETCH MEETS THE APPLICABLE "STANDARDS OF PRACTICE" AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LICENSE NUMBER LS 538.1 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINlit RAISE4;SEAL OF A SURVEYORS AND MAPPERS IN RULE 5J17.050-.052, FLORIDA FLORIDA LICENSED SURVEYOR AND MAPPER,,0644'° `6'"' ADMINISTRATIVE CODE. 5. THIS IS NOT A BOUNDARY SURVEY. SHEET 1 OF 2 (SEE SHEEP 2 FOR SKETCH OF DESCRIPTION) SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY. SKETCH OF DESCRIPTION PREPARED FOR: -°F- Dewberry ANGLER SUBSTA 770N PRESERVA770N AREA 131 WEST KALEY STREET ORLANDO,FLORIDA 32806 PHONE: 321.354.9826 FAX:407.648.9104 FPL e SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST WWW.DEWBERRY.COM DATE: 02/28/17 PROJ: 50084585 CERTIFICATE OF AUTHORIZATION NO.LB 8011 REV DATE: DRAWN BY: TAT O- COLLIER COUNTY FLORIDA SCALE 1"= N/A CHECKED BY WDD 168 1 LINE TABLE LEGEND: LINE BEARING LENGTH — LINE BREAK L1 N893232"W 57.19' RORB OFFICIALFRECORDS BOOK EXHIBIT "B" PG PAGE L2 NO3'1533"£ 44.00' SEC SECTION 0 CHANGE IN DIRECTION L3 N2022'06"E 138.77' Cl CURVE TAG L1 LINE TAG L4 NO202'14"W 134.61' PC POINT OF CURVATURE PT POINT OF TANGENCY L5 N1177'55"W 21.09' L6 58941'02E 10510' CURVE TABLE Ih' L7 5137423"E 19.74' CURVE LENGTH RADIUS DELTA CHORD BEARING L8 522'11'12"W 28.76' NW CORNER C1 15.53' 25.00 3535'35" 15.28' SO423'24"W 0 50 100 ORB 4158, L9 52050'18"W 37.22' PG 35 C2 Z88' 25.00 1817328" Z85' 5357347"W LW 52672'03"W 42.40' C3 45.11' 25.00 10323'40" 39.24' 5094547"W 1 INCH = 100 FEET L 11 54475'31"W 20.87' L12 52020'55"E 22.54' L6 PC,^ N LINE ORB 4158,1 L13 5415603"E 32.17' PT ,V PG 35 L14 56127'37"W 31.24' PRESERVE 1 / L15 S7130'20"W 29.25' AREA '' / * Ni chcy L16 Si 142'52"W 26.12' �I J' L17 5183034E 31.59' n �Q ��C) / L18 51843'16"W 10.95' y, NI \� k\G PC FLORIDA POWER & LIGHT COMPANY ? 1\ PT OFFICIAL RECORDS BOOK 4158, N „P/ W LINE ORB 4158, L12 PAGE 35 (`-- f4 PG 35 <, k Q- / �P P 0 (±0.557 PC c�� �PO,i v ACRES) V ��� Q���i A oT `.� Li 5 SE CORNER k tJci' n L16 ORB 4158, PG 35 / J6i�� ,Q 0 0 Q 18c / N89 32'32"W 341.05' QQ'' i R SW CORNER Ll / N ORB 4158, PG 35 (< 'A POINT OF S LINE ORB 4158, BEGINNING PG 35 oo 'o(' o�/ W 0 3 9 - , S89 32'32'E 878.37' / a / W 16 15 c POINT OF COMMENCEMENT ZIS LINE OF THE SW 1/4/ SOUTHWEST CORNER OF THE SOUTHWEST OF SEC 10-48-25 QUARTER OF SECTION 10, TOWNSHIP 4 48 SOUTH, RANGE 25 EAST SHEET 2 OF 2 (SEE SHEET 1 FOR LEGAL DESCRIPTION) S SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY. 0 SKETCH OF DESCRIPTION PREPARED FOR: y I 0—OF— 110 Dewberry ANGLER SUBSTATION PRESERVATION AREA a 131 WEST KALEY STREET 4. ORLANDO,FLORIDA 32806 FPI.. SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST PHONE: 321.354.9826 FAX:407.648.9104 WWW.DEWBERRY.COM DATE: 02/28/17 PROJ: 50084585 CERTIFICATE OF AUTHORIZATION NO.LB 8011 REV DATE DRAWN BY: TAT if SCALE i"= 100' CHECKED B a COLLIER COUNTY FLORIDA Y. WDD G UKTO A CC ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TOLIP 1 8 1 TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line throuTh routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 7 3. County Attorney Office County Attorney Officek ,/,„/) , 4. BCC Office Board of County fes"b' Commissioners `�/ ` cbZ\\--\ 5. Minutes and Records Clerk of Court's OfficeW- 0.0 Z:°(49/61 ` PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for addi'onal or missing information. Name of Primary Staff David Anthon Phone Number 252-2497 Contact/ Department Agenda Date Item was 2/23/2010 Agenda Item Number 16B1 Approved by the BCC Type of Document Conservation Easement Number of Original '51\ Attached InSaiiiik‘ t. Documents Attached PO number or account Customer to be notified to pay the Clerk number if document is directly to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is -Yes N/A(Not appropriate. . (Initial) Applicable) 1. Does the document require the chairman's original signature? �tom` 4 g yes,Does the document need to be sent to another agency for additional signa es? If n/a provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed 0(17# by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's lj /! pc Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the OM r document or the final negotiated contract date whichever is applicable. 3 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's j signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip n/a should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be w,lar�of your deadlines! 8. The document was approved by the BCC one)1 3 'Gate)and all changes made ':.`'�;=.' during the meeting have been incorporated in the attached document. The County lt :fit:, I_, Attorney's Office has reviewed the changes,if applicable. -'''''•°ilr.,: 9. Initials of attorney verifying that the attached document is the version approved by the ��'� Y�;,.�'r�, BCC, all changes directed by the BCC have been made, and the document is ready for e r, t-,o;„t tet Chairman's signature. wit:J,4r,�, I:Forms/County Forms/BCC Forms/Original Documents Routing Slip W WS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16B 1 OFFICE OF THE COLLIER COUNTY ENVIRONMENTAL SERVICES SECTION INTEROFFICE MEMORANDUM TO: Board of County Commissioners of Collier County FROM: David Anthony, Environmental Services Section DATE: 07/27/2017 RE: Acceptance of Conservation Easement Attached is a Conservation Easement for Davis Boulevard Self-Storage SDP. In accordance with Resolution No. 2010-39, approved by the Board of County Commissioners on February 23, 2010, I am requesting that if this Conservation Easement is acceptable, please sign or stamp as to approval of this Conservation Easement, and forward it, along with the attachments, to the Clerk for attestation and recording. Thank you for your consideration of this matter. If you have any questions, feel free to contact me at (239) 252-2497. Attachments 168 1 OFFICE OF THE COLLIER COUNTY ENVIRONMENTAL SERVICES SECTION INTEROFFICE MEMORANDUM TO: Clerk to the Board, Board Minutes and Records FROM: David Anthony, Environmental Services Section DATE: July 27, 2017 RE: Attestation and Recording of Conservation Easement Attached is a Conservation Easement for Davis Boulevard Self-Storage SDP, which has been approved by the Board of County Commissioners. Please attest as usual and hold the original documents until the applicant provides payment for recording. Then forward the packet to the Recording Department. Thank you for your assistance in this matter. Please send me a copy of the receipt via interoffice mail. Please send an email to DavidAnthony©colliergov.net when the easement has been recorded. If you have any questions, feel free to contact me at (239) 252-2497. The following agent will be paying the recording fees: John T. Wojdak, P.E. Delisi Fitzgerald Inc. 1605 Hendry St Fort Myers, FL 33901 239-418-0691 P 239-418-0692 F Attachments Routing Slip Conservation Easement Clerk of Circuit Court's Information Sheet 16B 1 Mary Haire From: John Wojdak <John@delisifitzgerald.com> Sent: Monday, December 04, 2017 10:49 AM To: Mark Rasmus Cc: Sean Rasmus; Robert Greene; Kelly Snauwaert; Mary Haire Subject: FW: Conservation Easement - Davis Blvd Self-Storage SDP Mark, See below on the recording fees for the conservation easement. You can send the check directly to Martha at the clerk's office. The fee comes out to $52.50. John T. Wojdak, P.E. DELIsI FITZGE AL 9, INC. Planning r Engineering-Project Management 1605 Hendry Street Fort Myers, FL 33901 P: (239)418-0691 F: (239) 418-0692 C: (239) 565-3077 john@delisifitzgerald.com www.delisifitzgerald._com From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Monday, August 07, 2017 11:55 AM To: Anthony, David Cc: John Wojdak Subject: Conservation Easement - Davis Blvd Self-Storage SDP Hi David & John, I have the aforementioned document ready for recording. John: If your firm/company has an account with the Clerk's Office you can use it for recording the easement. I will just need an e-mail stating that you would like to use your firm/company's account for recording the document. If not you can mail a check to : Board's Minutes & Records Department 3299 Tamiami Trail E. Suite 401 Naples, FL 34112 16B 1 If you need an exact amount there are 6 pages w/3 signatures (that include the deputy clerk & BCC Chair) + the county attorney. The cost is $10 for the first page $8.50 for every page after the first. If you have any questions regarding cost call and speak to the Recording Department at 252-7242. Thanks, l rtha %'er Sara, 11111{ :'cruor Clerk iliriutes and Iteeords i}el+t. Clerk of,the (;iretut Coml.( Value (lj I Iiuent. Board offiee: (2 39) 252-7210 Fat: (239) 252-8108 nHu tha.vf i r araa eoIli rt'h'rk.eonn Please visit us on the web at wvavw.tolUerclerk.conr This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing ht1p 1 5Wc_oliicrclerk.corn quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 2 168 t Mary Haire From: John Wojdak <John@delisifitzgerald.com> Sent: Wednesday, December 13, 2017 11:50 AM To: Mary Haire Cc: Mark Rasmus Subject: FW: Conservation Easement - Davis Blvd Self-Storage SDP Mary, Please see below. I apologize for this confusion, but I don't recall them telling me about this additional 70 cents,just the price per sheet. Can you please send them down an additional check for$0.70. Thank you, John John T. Wojdak, P.E. DELISI FITZGERALD, INC. Planning Engineering-Project Management 1605 Hendry Street Fort Myers, FL 33901 P: (239)418-0691 F: (239) 418-0692 C: (239) 565-3077 john@delisifitzgerald.com www.delisifitzgerald.com From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Monday, December 11, 2017 4:35 PM To: John Wojdak Cc: Anthony, David Subject: Conservation Easement - Davis Blvd Self-Storage SDP Hi John & Anthony, I have received the check for this easement. What is missing is the $0.70 doc stamp fee. Let me know if you will be sending another check for a check for the $0.70. Thanks, Martha Vergara, 11151.1( Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7210 Fax: (239) 252-8.108 E-mail: Inartha.vergara@collierclerk.com 1 168 1 INSTR 5486010 OR 5460 PG 87 RECORDED 12/20/2017 11 05 AM PAGES 6 DWIGHT E BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC@ 70$0 70 REC$52.50 Tills 1rvSTRC';11ENT'PREP.I RED BY&RETCR;V TO: V,I:11E: Robert F. Greene, Esq. .I DDRESS: Greene Hamrick Quinlan & Schermer, P..-I. 601 12"Street West Bradenton. Florida 3.1205 PIRCEL 1.1). #003399600302 SPACE ABOVE I ITIS IJ\I FOR PRO(I.SSIM, D."L'A SPACE ViOVF:"I 111S1,11E:FOR RI:cOiwlNG CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this 1.1 —day of July, 2017, by DAVIS & RADIO, LLC, a Florida limited liability company (hereinafter "Grantor"), whose address is 23265 Salinas Way, Bonita Springs, Florida 34135, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the "parties." WHEREAS, Grantor is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" attached hereto (hereinafter referred to as the "property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind Grantor; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit"B" (the "Easement Property"). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. Grantor, its successors, heirs, assigns and/or transferees, hereby grants a non-exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. Revised 7/28/14 1 16 6 1 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 3. Grantor, its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. Revised 7/28/H 2 160 1 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and delivered in the presence of: WITNESSES: DAVIS & RADIO, LLC, Printed 'i ame: 1v7, ti.• / it By: / ed Name: 7 ���1 a • Robert J. Morande, Managing Member Revised 7/28/11 3 I STATE OF l_� ) COUNTY OF ff flaTtK0,Y 0 The foregoing instrument was subscribed, sworn and acknowledged before me this Fc day of July, 2017, by Robert J. Morande, as Managing Member of Davis & Radio, LLC, a Florida limited liability company, on behalf of the company, and who is [ ] personally known to me or [ ] who produced as identification. NOT •Y PUBLIC Prir ted Name: My Commission Expires: }�+ ,,,, nrcHA A. STEFANS + >>{ ' ` NOTARY PUBLIC .. r Mt COMMISSION EXPIRES 31,2020 Y Acceptance by Grantee: ; '.. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E'.`RR(CK, CLERK COLLIER COUNTY, FLORIDA c` 7: a ►oo t � Deputy Clek ., Penny Tayl , ChaitC, son Attest as to Chairman's i signature only. Approved as to form and lege ity: �+t A. 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W 0 * \ W> xi-- Ce Il'W 0p0 WU, * S p O O 1 .(�, mW oe LnW nd Wa a r(: �l l0`s "���S6041��J �Y �% mN L--- ` 6,,,,,',-.., �) 3.LO,1C.68S m� N N Di 'd,; ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP t 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 V R L 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP �e-"a / Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complet ith the exception of the Chairman's signature,draw a line through routing_lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney 3/ I I y 2. BCC Office Board of County M,\ I J Commissioners \( / f 3\t\\t 3. Minutes and Records Clerk of Court's Office --)\71/0 31 1 I I 3:6° PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Cindy M. Erb Phone Number 239-252-8917 Contact/ Department Agenda Date Item wastel,, Agenda Item Number j �" 4,96 ��J Approved by the BCC , `3 O O / I 2.0 Type of DocumentNumber of Original Attached 1\6,16Y1 ti Documents Attached PO number or account Account: Fund Cost enter number if document is Object Code 649030, Project to be recorded C� INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial Applicable) 1. Does the document require the chairman's original signature? A y_a Cn 2. Does the document need to be sent to another agency for additional signatures ? If y , N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's n-_l signature and initials are required. (�,�'�i-/ 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02.1 3.e3\ i O ,and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for t GS'" Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 168 1 Martha S. Vergara From: Martha S. Vergara Sent: Thursday, March 01, 2018 4:40 PM To: Erb, Cindy (CindyErb@colliergov.net) Subject: Agreements from Item #1681 (2/23/10) Item #16D1 &#16D2 (2/27/18) Attachments: Cindy Erb.pdf Hi Cindy, Attached are a scanned copy of the referenced documents for your records. Thanks, Martha Vergara, BMB Senior Clerk Minules and Reeords Dept. Clerk of the Circuit Court Value Adpisthiriti Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierderk.com 16B 1 Memorandum TO: Minutes &��Records FROM: Cindy Er�ks"Proorty Acquisition Specialist, Sr., Real Property Management DATE: February 28, 2018 RE: Basin 306 Duplex PS — 304.16 This item is being accepted by the BCC under Resolution 2010-39 which was approved on February 23, 2010, Agenda Item 16B1. Please attest to Commissioner Solis's signature as Chairman on the Donation Agreement. Once attested, please forward a copy of the Donation Agreement, by email, for my files. Also, please forward the Utility Easement to the Recording Department for recordation. A recording form is attached. Also, if you receive the original Gap Affidavit, please forward to my attention for my files. Please contact me if you have any questions or comments at Extension 8917. Thank you! 16B 1 PROJECT: BASIN 306 DUPLEX PUMP STATION -304.16 TAX ID*.74101000359 Accepted by BCC pursuant to Resolution 2010-39 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between SOUTHPOINTE AT WINDSTAR MARINA ASSOCIATION, INC., a Florida not-for-profit corporation, (hereinafter referred to as "Owner"), whose mailing address is c/o Sunburst Management Corp, PO Box 110339, Naples FL 34108, and 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, (hereinafter referred to as "County"), whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112, WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non-exclusive easement for the purpose of utility and maintenance, over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via an Easement to County at no cost to the County, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which 16B 1 either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws: that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by County. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 1 6 B 1 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: 2/23/2010 Agenda Item# 16B1 Resolution 2010-39 AS TO COUNTY: DATED: ),3-o\Z°1z� ATTEST,; J BOARD OF CO . Y COMMISSI.• RS .DWIGHT'S.8ROCK,'Clerk COLLIER CO . TY ORIDA �- 6 NaiK)-- ; ' .1 Attu as to Chairm a.'S pu `rk 4 DY SOLIS, Chairman ` 'igNER: ed., f, 1 SOUTHPOINTE AT WINDSTAR MARINA Witnes-(1 (Signature) ` / ASSOCIATION, INC., a Florida not-for-profit corporation PASQ(4.11Ca d 4ez4No Witness#1 (Print Name) By: - -' /,� t C". l '- ....---2---7 /Z--l7 " WAYNE FIE DSA, President fitness#2(Signature) 1vVA i e. 1"1 cweSarli Witness#2(Print Name) Approved as to form and legality: Jennife . Belpedio, . . t County Attorney9O,a,> 3 e 16B 1 0M0'lS-SSt-LI,\J.3A2ifiS\911,0£ N011VIS dWfld '00 303 - SGt\LtOZ J.3A2if1S 103(`021d\A3AMnS\:D w > a c„`....:ZZ ?...., ,-...-, ... - ' .vt .- :h .A) '3AV NO1lW7h ":;a NAA'to ,".;,,. 53 N...S n'rel av 1 pi t- i •O 0. O Moa 15.34", _ , I. 3•££.Z£.0 S Z u., N ow w, W Z z=¢ <O .a. .Svxt m W=E a N x co in O N .a 4. Wnto - 5 tLUma S ~UaWZO W WI' 0Z a az a 2XO zzn a = v)Q WU N -r- ) CO- W i-- WO ZCC W o°m o� m 03 dHd cmv Z 0 0 o U ,•E'4 M.09�t£.0 Nrn {2 : l '2 W- O :31; Ss :, tea - v Zi Nm 0 1 OQQC^. 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W yW .0 -On W ,�Y-t- NCS S Z m O *84.' itW2N2^ n F a"5-18ncN mmz 'yo �* cc a0� O(OJODW;A6 n Z 3 c3 c7 o d. <�v m¢c�vOia�m�Uig Z�.= ciri JWRocin i O mm Zw O U A LL = ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 6 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) I Office Initials Date 1. County Attorney Office County Attorney sz, ' I 1-, LIS 2. BCC Office Board of County tc \c `,' Commissioners V1f€cS / ,\\"l\\$ 3. Minutes and Records Clerk of Court's Office , 1,.1 1 flIN Li r-1 1(� PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Cindy M. Erb Phone Number 239-252-8917 Contact/ Department Agenda Date Item was / Agenda Item Number t I �, Approved by the BCC �`�.31 .1 ao /�� / Type of Document tNumber of Original Attached O i1 a, 1`r'1 Ci rtL W\.Q 1k Documents Attached I PO number or account Account: Fund , Cast►Center , number if document is Object Code 649030, Project to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? ti..._ CA* 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney'sr N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ,,- ,`o1Q signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on ,\=�3ra O\0 ,and all changes made during the meeting have been incorporated in ttte attached document. The I ��'' , , County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the +P BCC,all changes directed by the BCC have been made,and the document is ready for th- •Ifr J.!:' Chairman's signature. ' r, I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 160 1 Memorandum TO: Virginia Neet, County Attorney's Office � . FROM: Cindy Erb, Property Acquisition Specialist, Sr`;Real Property Management DATE: April 16, 2018 RE: Hibiscus Golf Club —Access, Utility and Temporary Construction Easements This item is being accepted by the BCC under Resolution 2010-39 which was approved on February 23, 2010, Agenda Item 1661. Attached, you will find the Donation Agreement along with its requisite "pink slip" for routing of the document for its necessary Chairman signature. Jennifer Belpedio will need to review and then if acceptable, sign the Donation Agreement, then needs to initial the pink slip prior to submittal to the Chairman. Also attached, is a memorandum to Minutes & Records for attestation of the Chairman's signature. Please contact either me (8917) should you have any questions. Thank you! 16 B , Memorandum TO: Minutes & Records - p FROM: Cind Erb, Property Acquisiti n-Speciali t, Sr., Real Property Management y DATE: April 16, 2018 RE: Hibiscus Golf Club — Donation Agreement for Access, Utility and Temporary Construction Easements This item is being accepted by the BCC under Resolution 2010-39 which was approved on February 23, 2010, Agenda Item 1661. Please attest to Commissioner Solis's signature as Chairman on the Donation Agreement. Once attested, please forward a copy of the Donation Agreement, by email, for my files. Please contact me if you have any questions or comments at Extension 8917. Thank you! 169 MEMORANDUM DATE: April 14, 2018 TO: Cindy Erb, Sr. Property Acquisition Specialist Facilities Management Department FROM: Martha Vergara, Deputy Clerk Minutes and Records Department RE: Hibiscus Golf Club/Access, Utility & Temporary Construction Easements Donation Agreement (Folio #55150040004 & #55150480004) Attached for your records is a scanned copy of the document referenced above, (Items #16B1) approved by the Board of County Commissioners on Tuesday, February 23, 2010. The Minutes and Records Department will keep the original for the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachment 16B PROJECT:ID Water POD&Easement Project PARCEL:Hibiscus Golf Club FOLIO: 55150040004&55150480004 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between 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 225 Banyan Boulevard, Suite 240, Naples, FL 34102, and 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, (hereinafter referred to as "District"), whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH: WHEREAS, District has requested that Owner convey to the District a perpetual, non-exclusive easement for the purpose of access, installation, and maintenance of IQ water facilities and other utility appurtenances, over, under, upon and across the lands described in Exhibit "A" (said Utility Easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, District will own and operate the IQ water facilities within Exhibit "A"; and WHEREAS, District has requested that Owner grant to the District a temporary Construction Easement for the purpose of access and right to enter over, upon and across the lands described in Exhibit "B" (hereinafter referred to as the "Temporary Construction Easement"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property and the Temporary Construction Easement to District for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, District has requested that Owner grant to the District a Access Easement for the purpose of access and right to enter over, upon and across the lands described in Exhibit "C" (hereinafter referred to as the "Access Easement"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the District for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by District; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 16 8 1. Owner shall convey the Property via a Utility Easement, Access Easement and Temporary Construction Easement to District at no cost to the District, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to District on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date District executes this Agreement; provided; however, that District shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting District's enjoyment of the Property. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the District; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the District, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the District against and from, and to reimburse the District with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the District by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The District shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. District shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by District. ,tea 168 1 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to District, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. 1 11,, DATE ACQUISITION APPROVED BY BCC: .� I ,.3I 2 0 i C; 4 1 Ct et- 14111 'l'` AS TO DISTRICT: DATED: 111(,..1;tt t ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, E ,ORIDA, AS THE GOVERNING BODY; OF COWER fi • 4„ ''., COUNTY AND AS '`t.X-OFFICIO THE GOVERNING '•ARD�=-OF THE OLLIER —4 COUNTY W' ER-: WE,R D trio IA ►_ Mt I as to Chad tan.s.,,e077Ifi1�". / ' Y SOLIS, hairman signature only: r `," Approved as to form and legality: r (3� ,tenni er A. Belpedio,A�tant County Attorney �. r'`,, 9 �.a t 1681 AS TO OWNER: DATED: LI it I le) WITNESSES: NASSIF GOLF VENTURES, L.L.C, Witness(Signature) a Florida limited liability company, Named/b/a Hibiscus Golf Club ;79h-eA--- r) : (Print) \ A By: A IN Witness(Signature) Davis Nassif, as r nager Name: L -cue-LST)ov) V"\> (Print) 01), 16B 1 +t\016Vo/60m_aXR7[S%acm 9/24/]0(7 113!6?41 H,Ihd 41 bovWa N EXH'B'T i'll't role_ I t 3 i 0 50 100 y CIS Eil t C,0 1"...100 FEET % C 8 16 CI e (----- CI L 2 r o TRACT E �,0 v LB G 19 8 a LI u 4 �1 4b u c3' ra It mi •::. TRACT A •> > TRACT A Y COIF BIAS OOP WV A •` P4.4 PG.20 1 ito ‘1,"41,. a ! Gam,�elr:\ �" rrp . \ G(fa \' p 4 h J POB U1 \\ LEGEND POC POINT OF COIAAENCEMENT P08 POINT OF BEGISh111,40 THIS IS NOTA SURVEY .. . 9T; , TE. 950 Encore Way DRAWING-4.. 3 'JH 9/19 . (239Naples, FL 34110 SKETCH AND LEGAL DESCRIPTION PROJECT 060 SHEET 1 OF T Phone: (239) 254-2000 1 3 HOLE MONTES Florida- Certificate of FRE N AME SEC-TC -RCE: Exm s Posen sw.rau Authorization No.1 n2 COLO, 19-30-28 E XH B'T ., ,l . 6 vi,2016120(6o60\90GtS\CM09 9/29/7Ot7 1I2PA7 AN Maw a:Ayweoa LEGAL DESCRIPTION OF A PARCEL OF LAND LOCATED IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCINQ AT THE SOUTHWEST CORNER OF TRACT A. LELY GOLF ESTATES, AS RECORDED OF PLAT BOOK 8, PACE 20 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE NORTH RIGHT-OF-WAY OF US 41 (TAM1A1,11 TRAIL). THENCE ALONG SAID RIGHT-OF-WAY RUN S 39'06'20" E FOR A DISTANCE OF 494.19 FEET TO THE POINT QF BEGINNING OF THE PARCEL DESCRIBED HEREIN, ALSO BEING THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT. HAVING A RADIUS OF 21.11 FEET, THROUGH A CENTRAL ANGLE OF 46'35'11'AND BEING SUBTENDED BY A CHORD OF 16,69 FEET AT A BEARING OF 1124'25'56"E, FOR AN ARC LENGTH OF 17.16 FEET; THENCE RUN NO1'09'331 FOR A DISTANCE OF 32.58 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 39'36'58" AND BEING SUBTENDED BY A CHORD OF 27.11 FEET AT A BEARING OF N18'38'561Y, FOR AN ARC LENGTH OF 27.66 FEET; THENCE RUN N38'27'251Y FOR A DISTANCE OF 16.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 60.00 FEET. THROUGH A CENTRAL ANGLE OF 38'28'28' AND BEING SUBTENDED BY A CHORD OF 39.54 FEET AT A BEARING OF N19'13'I1'W, FOR AN ARC LENGTH OF 40.29 FEET; THENCE RUN NO0'O1'03"E FOR A DISTANCE of 104.49 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 60.00 FEET, THROUGH A CENTRAL ANGLE OF 14'49'15'AND BEING SUBTENDED BY A CHORD OF 15.48 FEET AT A BEARING OF NOT25'40`E, FOR AN ARC LENGTH OF 15.52 FEET TO A POINT OF REVERSE CURVATURE: THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS Of 84.90 FEET, THROUGH A CENTRAS.ANGLE OF 26'31'26' AND BEING SUBTENDED BY A CHORD OF 38.95 FEET AT A BEARING OF NO1'34'35'E, FOR AN ARC LENGTH OF 39.30 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 80.00 FEET, THROUGH A CENTRAL ANGLE OF 68'45'43'AND BEING SUBTENDED BY A CHORD OF 90.35 FEET AT A BEARING OF N22'41'437, FOR AN ARC LENGTH OF 96.01 FEET; THENCE RUN N5T04'35'E FOR A DISTANCE OF 16,30 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 57'42'51' AND BEING SUBTENDED BY A CHORD OF 24.13 FEET AT A BEARING Of N28'13'091, FOR AN ARC LENGTH OF 25.18 FEET TO A POINT Of REVERSE CURVATURE; THENCE ALONG SAID CURVE 10 THE RIGHT, HAVING A RADIUS OF 3606.71 FEET, THROUGH A CENTRAL ANGLE OF 00'26'26' AND BEING SUBTENDED BY A CHORD OF 29.83 FEET AT A BEARING OF N00'24'04'111, FOR AN ARC LENGTH OF 29.83 FEET; THENCE RUN N9O'0O'00`E FOR A DISTANCE OF 41.47 FEET TO THE BEGINITNG OF A NON-TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 131,65 FEET, THROUGH A CENTRAL ANGLE OF 29'02'36' AND BEING SUBTENDED BY A CHORD OF 66.02 FEET AT A BEARING OF N16'52'51'E, FOR AN ARC LENGTH OF 66,73 FEET TO A POINT OF COMPOUND CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 82.00 FEET, THROUGH A CENTRAL ANGLE OF 63'55'35" AND BEING SUBTENDED BY A CHORD OF 86.82 FEET AT A BEARING OF N63'21'57'E, FOR AN ARC LENGTH OF 91.49 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG S ) CURVE TO THE LEFT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 12'01'34'AND BEING SUBTENDED BY A CHORD OF 101.61 FEET AT A FEARING OF N89'18'571, TOR AN ARC LENGTH OF 101.80 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 33'06'31' AND BEING SUBTENDED BY A CHORD Or 56.98 FEET AT A BEARING OF 58O'08'34'E, FOR AN ARC LENGTH OF 57.79 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 170.00 FEET, THROUGH A CENTRAL ANGLE OF 33'25'26'AND BEING SUBTENDED BY A CHORD OF 97.77 FEET AT A BEARING Of SB1T18'01'E, FOR AN ARC LENGTH OF 99.17 FEET; THENCE RUN N82'59'16'E FOR A DISTANCE OF 44.25 FEET; THENCE RUN S21'05'58'E FOR A DISTANCE OF 77.24 FEET; THENCE RUN S79'28'09'W FOR A DISTANCE OF 46.81 FEET; THENCE RUN 1410'31'51'W FOR A DISTANCE OF 15.00 FEET; THENCE RUN N79'28'09'E FOR A DISTANCE OF 38.92 FEET; THENCE RUN N21'05'SB'W FOR A DISTANCE OF 57.15 FEET; THENCE RUN S82'59'16'W FOR A DISTANCE OF 40,35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 175.00 FEET, THROUGH A CENTRAL ANGLE OF 33'25'26' AND BEING SUBTENDED BY A CHORD OF 100.65 FEET AT A BEARING OF NB1718'01'W, FOR AN ARC LENGTH OF 102.09 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 95.00 FEET, THROUGH A CENTRAL ANGLE OF 33'06'31'AND BEING SUBTENDED BY A CHORD OF 54.14 FEET AT A REARING OF N80'08'34'11, FOR AN ARC LENGTH OF 54.90 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 490.00 FEET, THROUGH A CENTRAL ANGLE OF 12'01'34'AND BEING SUBTENDED BY A CHORD OF 102.66 FEET AT A BEARING OF S89'I8'571Y, FOR AN ARC LENGTH OF 102.85 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 77.00 FEET, THROUGH A CENTRAL ANGLE OF 63'55'35' AND BEING SUBTENDED BY A CHORD OF 81.52 FEET AT A BEARING OF S63'21'57'}Y, FOR AN ARC LENGTH OF 85.91 FEET TO A POINT OF COMPOUND CURVATURE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 126.65 FEET, THROUGH A CENTRAL ANGLE OF 33'28'32' AND BEING SUBTENDED BY A CHORD OF 72.95 FEET AT A BEARING OF 514'39'53'W, FOR AN ARC LENGTH OF 73.99 FEET; THENCE RUN N90'00'00"W FOR A DISTANCE OF 36.40 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE: THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3596.71 FEET, THROUGH A CENTRAL ANGLE OF O718'5I'AND BEING SUBTENDED BY A CHORD OF 19.72 FEET AT A BEARING OF S00'28'S1'E, FOR AN ARC LENGTH OF 19.72 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 35.00 FEET, THROUGH A CENTRAL ANGLE OF 57'42'52'AND BEING SUBTENDED BY A CHORD OF 33.78 FEET AT A BEARING OF S28':3'09'W. FOR AN ARC LENGTH OF 35.26 FEET; THENCE RUN S5T04'351Y FOR A DISTANCE OF 16.29 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 68'45'47'AND BEING SUBTENDED BY A CHORD OF 79.06 FEET AT A BEARING OF S2741'45'W, FOR AN ARC LENGTH OF 84.01 FEET TO A POINT Of REVERSE CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 94.90 FEET, THROUGH A CENTRAL ANGLE OF 26'31'26'AND BEING SUBTENDED BY A CHORD OF 43.54 FEET AT A BEARING OF SO1'34'35"W, FOR AN ARC LENGTH OF 43.93 FEET 10 A POINT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 14'49'23` AND BEING SUBTENDED BY A CHORD OF 12.90 FEET AT A BEARING Of SOT25'36"W, FOR AN ARC LENGTH OF 12.94 FEET; THENCE RUN SOO'O1'03'* FOR A DISTANCE Of 104.48 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 38'28'31' AND BEING SUBTENDED BY A CHORD OF 32.95 FEET AT A BEARING OF ST9'13'11'E, FOR AN ARC LENGTH OF 33.58 FEET; THENCE RUN S38'27'25'E FOR A DISTANCE OF 16.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE 10 THE RIGHT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 39'37'00' AND BEING SUBTENDED BY A CHORD OF 33.89 FEET AT A BEARING OF S1E38'66`E, FOR AN ARC LENGTH Of 34.57 FEET; THENCE RUN 501'09'33'W FOR A DISTANCE OF 32.57 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 31.11 FEET, THROUGH A CENTRA!. ANGLE OF 4T36'31'AND BEING SUBTENDED BY A CHORD OF 25.11 FEET AT A BEARING OF S24'56'2514. FOR AN ARC LENGTH OF 25.85 FEET TO A PONT ON THE SAID NORTH RIGHT-OF--WAY; THENCE ALONG SAID RIGHT-OF-WAY RUN N39'06'2014 FOR A DISTANCE OF 10.01 FEET, TO THE POINT OF BEGINNINQ OF THE PARCEL HEREIN DESCRIBED. CONTAINING 8277.34 SQUARE FEET MORE OR LESS. BEARINGS REFER TO NORTH RIGHT-OF-WAY OF SAID US 41, AS BEING S 39'06'20" E Digitally signed by John Hilton DN:en=Jahn HOLE MONTES,INC. `'rad Hilton,o=Hole CERTIFICATE OF AUTHORIZATION LB#1772 Monies, '..6 oU=SUrVey -�� �. r 7 Department, `/ -:ll---------::) .) emaiH=johnhHiton@ (\/� \ Y_:~• hme'1g.com,a=US BY --- \\\ /// ___ P.S.M.#6278 Date:2017.09-28 JOHN J.HILTON STATE OF FLORIDA 15:10:39-0400 THIS IS NOT A SURVEY DRAWN B'p DATE; 950 Encore Way DRA 4G NO. JJH 9019 Naples, FL 34110 H-453 SHEET i OF SHEET Phone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION PR01ECT RICE D 2 3 HOLE MONTES Flortdi Cerfiflcofe of SEC- : azexs rHaus as au Authorization No.1772 ELIC rva.E 19-ji -26 ^ 16B 1 +w016U0160601 31ac4!tal/2017 11:29352 411 Ream tr til LINE BEARING DISTANCE ;,XH R a1` , - L1 N 01'09'33" E32.58' '� 3 of L2 N 38'27'25" W 16.89' L3 N 00'01'03" E 104.49' L4 N 57'04'35" E 16.30' L5 N 90'00'00" E 41.47' L6 N 82°59'16" E 44.25' L7 S 21'05'58" E 77.24' L8 S 79'28'09" W 46.81' L9 N 10'31'51" W 15.00' L10 N 79'28'09" E 38.92' L11 N 21'05'58" W 57.15' L12 S 82'59'16" W 40.35' L13 N 90'00'00" W 36.40' L14 S 57'04'35" W 16.29' L15 S 00'01'03" W 104.48' L16 S 38'27'25" E 16.89' L17 S 01'09'33" W 32.57' L18 N 39'06'20" W 10.01' CURVE RADIUS DELTA ANGLE CHORD LENGTH CHORD BEARING ARC LENGTH C1 21.11' 46'35'11" 16.69' N 24'25'56" E 17.16' C2 40.00' 39'36'58" 27.11' N 18'38'56" W 27.66' C3 60.00' 38'28'28" 39.54' _ N 19'13'11" W 40.29' C4 60.00' 14'49'15" 15.48' N 07'25'40" E 15.52' C5 84.90' 26'31'26" 38.95' N 01'34'35" E 39.30' C6 80.00' 68'45'43" 90.35' N 22'41'43" E 96.01' C7 25,00' 5T42'51" 24.13' N 28'13'09" E 25.18' C8 3606.71' 0'28'26" 29.83' N 00'24'04" W 29.83' C9 131.65' 29'02'36" 66.02' N 16'52'51" E 66.73' C10 82.00' 63'55'35" 86.82' _ N 63'21'57" E 91.49' C11 485.00' 12'01'34" 101.61' N 89'18'57" E 101.80' C12 100.00' 33'06'31" 56.98' S 80'08'34" E 57.79' C13 170.00' 33'25'26" 97.77' S 80'18'01" E 99.17' C14 175.00' 33'25'26" 100.65' N 80'18'01" W 102.09' C15 95.00' 33'06'31" 54.14' N 80'08'34" W 54.90' C16 490.00' 12'01'34" 102.66' S 89'18'57" W 102.85' C17 77.00' 63'55'35" 81.52' S 63'21'57" W 85.91' C18 126.65' 33'28'32" 72.95' S 14'39'53" W 73.99' C19 3596.71' 0'18'51" 19.72' S 00'28'51" E 19.72' C20 35.00' 57'42'52" 33.78' S 28'13'09" W 35.26' C21 70.00' 68'45'47" 79.06' S 22'41'45" W 84.01' C22 94.90' - 26'31'26" 43.54' S 01'34'35" W 43.93' C23 50.00' 14'49'23" 12.90' S 07'25'36" W 12.94' C24 50.00' � 38'28'31" 32.95' _ S 19'13'11" E 33.58' C25 - 50.00' 7 39'37'00" 33.89' S 18'38'56" E 34.57' C26 31.11' L 47'36'31" - 25.11' S 24'56'25" W 25.85' THIS IS NOT A SURVEY JJN GiE.9 19 950 Encore Way mAnH I53 iim Naples. 254-2000. FL341s0 Slat j 1 Phone; SKETCH AND LEGAL DESCRIPTION 11e °t;a 3 3 HOLE MONTES Florida Certificate of nif WtitE S19- 0-28EC t 01:R2 E maws nuoaos soorm4s Authorization No.1772 Mot/ 1 6 B 1 N L7 # r 11 EXHIBIT " t3 Page of_._.,.. 03 I tz ..• �g ct 25 80 1"..60 FEET i 0 1 5 ��� Ct6 I C17 I 1 I mp V U 4 . , \ 110' FLA TRACT A I POKER t MONT \ CO. FAVOR TRACT A \ H ri o• POC .9 S.W. CORNER TRACT A d`•• LELY GOLF ESTATES Q.'•+ • Pa 8 PG. 20 6. I (6EASEMENT ,,Vic. I o�� 1 LEGEND r, I\ e� POC POINT OF COMMENCEMENT /)y POB POINT OF BEGINNING 9-7,-, \ v V %., 0 •t, IV :71 Pae ‘ ; r c. r.' . I THIS IS NOT A SURVEY MN St OAR• DSO Encore WW ISNA 44 6 JAN f 3 9 *MI Phone: ft. 34110 NW � Ph23¢) - COO 0 SKETCH AND LEGAL DESCRIPTION o StC-tia-etc: U.6„ F"tc. ftp. or fol NAilt 1.-30-44 AulheAseMcn No.1772 sr COM Mk" EXHIBIT ' t.Y 1 6 B Page of 3 waor11mr2 r,91-oes\35,mar Emu., r2/09i7 raat.o or hew GIs Jawer. LEGAL DESCRIPTION OF A PARCEL OF LAND LOCATED IN SECTION 19 TOwt4SHIP 50 SOUTH.RANGE 25 EAST COWER COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTH1A ST CORNER OF TRACT A RELY GOLF ESTATES AS RECORDED IN PLAT BOON 8 PAGE X OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA.ALSO BEING A POINT ON THE NORTH RIGHT-OF-WAY OF US 41(TAMAMI TRAIL) THENCE ALONG SAID RIGHT-OF-WAY RUN S 39106207E FOR A DISTANCE OF 486.53 FEET TO THE POINT OF 8EGINF8NG OF THE PARCEL DESCRIBED HEREIN THENCE LEAVING SAID RIGHT-OF-WAY RUN N50159'07-E FOR A DISTANCE OF t 04 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE,THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 13.76 FEET THROUGH A CENTRAL ANGLE OF 11132'13'AND BEING SUBTENDED BY A CHORD OF 2 77 FEET AT A BEARING OF N35'57371 FOR AN ARC LENGTH Of 277 FEET TO A POINT OF COMPOUND CURVATURE.THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 1350 FEET THROUGH A CENTRAL ANGLE OF 2815357'AND BEING SUBTENDED BY A CHORD OF 6.74 FEET AT A BEARING OF N15'36729-E.FOR AN ARC LENGTH OF 5.81 FEET.THENCE RUN N01'0533E FOR A DISTANCE OF 33.81 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE,THENCE ALONG SAID CURVE TO THE LEFT.HAVING A RADIUS Of 32.71 FEET.AT A BEARING OF S89'00118'W THROUGH A CENTRAL ANGLE OF 3.412791 AND BEING SUBTENDED BY A CHORD OF 19.24 FEET AT A BEARING OF N18105155W,FOR AN ARC LENGTH OF 19 53 FEET THENCE RUN N3877-251N FOR A DISTANCE Of 25.69 FEET TO THE BEGINNING Of A NON-TANGENTIAL CIRCULAR CURVE:THENCE ALONG SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 67.50 FEET,THROUGH A CENTRAL ANGLE OF 2514C720-AND BEING SUBTENDED BY A CHORD OF 31,14 FEET AT A BEARING OF N19.11'05'W:FOR AN ARC LENGTH OF 31.42 FEET THENCE RUN NO0.01'03'E FOR A DISTANCE OF 113.15 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE THENCE ALONG SAID CURVE TO THE RIGHT.HAVING A RADIUS Of 78.51 FEET THROUGH A CENTRAL ANGLE OF 00.36.08-AND BEING SUBTENDED BY A CHORD OF 0.83 FEET AT A BEARING OF N00134'481W FOR AN ARC LENGTH OF 0 82 FEET THENCE RUN NO9.1930'E FOR A DISTANCE OF 17 14 FEET TO THE BEGINNING Of A NON-TANGENTIAL CIRCULAR CURVE THENCE ALONG SAID CURVE TO THE LEFT WAVING A RADIUS OF 77.40 FEET THROUGH A CENTRAL ANGLE OF 17"0714' AND BEING SUBTENDED 8Y A CHORD OF 23.04 FEET AT A BEARING OF NO1 41'46'E FOR AN ARC LENGTH OF 23 13 FEET TO A POINT OF REVERSE CURVATURE.THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 268.03 FEET.THROUGH A CENTRAL ANGLE OF 06'31'57'AND BEING SUBTENDED BY A CHORD OF 30.54 FEET AT A BEARING OF NO013552'W.FOR AN ARC LENGTH OF 30.56 FEET TO A POINT OF COMPOUND CURVATURE:THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 217.68 FEET. THROUGH A CENTRAL ANGLE OF 04.4753'AND BEING SUBTENDED BY A CHORD OF 18 22 FEET AT A BEARING OF N05'04'037E FOR AN ARC LENGTH OF 18.23 FEET TO A POINT OF COMPOUND CURVATURE,THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 69 37 FEET THROUGH A CENTRAL ANGLE OF 2114055-AND BEING SUBTENDED BY A CHORD OF 26.09 FEET AT A BEARING OF N18'1627E FOR AN ARC LENGTH OF 26.25 FEET TO A POINT OF COMPOUND CURVATURE.THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 114.91 FEET THROUGH A CENTRAL ANGLE OF 07'01'4E1 AND BEING SUBTENDED BY A CHORD OF 140E FEET AT A BEARING OF N31.2348'E.FOR AN ARC LENGTH OF 14 09 FEET TOA POINT OF COMPOUND CURVATURE.THENCE ALONG SAID CURVE TO TEE RIGHT.HAVING A RADIUS OF 60.02 FEET THROUGH A CENTRAL ANGLE OF 20737291 AND BEING SUBTENDED BY A CHORD OF 21.40 FEET ATA BEARING OF N49'3829'E FOR AN ARC LENGTH OF 21 52 FEET THENCE RUN N5'11541'E FOR A DISTANCE OF 22.75 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE,THENCE ALONG SAID CURVE TO THE LEFT.HAVING A RADIUS OF 17 12 FEET THROUGH A CENTRAL ANGLE OF 34'4411'AND BEING SUBTENDED BY A CHORD OF 10.22 FEET AT A BEARING OF N32128'4Z E FOR AN ARC LENGTH OF 10 38 FEET TO A POINT Of COMPOUND CURVATURE THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 40.13 FEET THROUGH A CENTRAL ANGLE OF 15119'38'AND BEING SUBTENDED BY A CHORD OF 10.70 FEET AT A BEARING OF NO2'5641-E FOR AN ARC LENGTH OF 10 74 FEET TO A POINT OF REVERSE CURVATURE THENCE ALONG SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 3614.21 FEET THROUGH A CENTRAL ANGLE OF 00.26'28-AND BEING SUBTENDED BY A CHORD OF 27.83 FEET AT A BEARING OF NO3119'441N.FOR AN ARC LENGTH OF 2710 FEET.THENCE RUN N90.0E0rE FOR A DISTANCE OF 5313 FEET THENCE RUN S001017077E FOR A DISTANCE OF 46 09 FEET.THENCE RUN S571739'W FOR A DISTANCE OF 58.63 FEET THENCE RUN 557.13'18 W FOR A DISTANCE OF 21.25 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 25.85 FEET,THROUGH A CENTRAL ANGLE Of 1873625'AND BEING SUBTENDED BY A CHORD OF 836 FEET AT A BEARING OF 551'26'42W FOR AN ARC LENGTH OF 8.39 FEET 70 A POINT Of COMPOUND CURVATURE THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 79.81 FEET,THROUGH A CENTRAL ANGLE OF 06'1748-AND BEING SUBTENDED BY A CHORD OF 8.65 FEET AT A BEARING OF S3014114W FOR AN ARC LENGTH OF 8 65 FEET TO A POINT OF COMPOUND CURVATURE THENCE ALONG SAID CURVE TO THE LEFT.HAVING A RADIUS OF 34 37 FEET THROUGH A CENTRAL ANGLE OF 22'1621'AND BEING SUBTENDED BY A CHORD OF 1328 FEET AT A BEARING OF S18136101W.FOR AN ARC LENGTH OF 13.36 FEET TO A POINT Of COMPOUND CURVATURE THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 182.68 FEET THROUGH A CENTRAL ANGLE OF 04'47'53'AND BEING SUBTENDED BY A CHORD OF 1519 FEET ATA BEARING OF 505104003'W FOR AN ARC LENGTH OF 15.30 FEET TO A POINT OF COMPOUND CURVATURE,THENCE ALONG SAID CURVE TO THE LEFT HAMS A RADIUS OF 23303 FEET,THROUGH A CENTRAL ANGLE Of 0671'57 31'5T AND BEING SUBTENDED BY A CHORD OF 26.55 FEET AT A BEARING OF Slp'355TE,FOR AN ARC LENGTH Of 26 57 FEET TO A POINT OF REVERSE CURVATURE THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 11240 FEET THROUGH A CENTRAL ANGLE OF 16127-05'AND BEING SUBTENDED BV A CHORD OF 32 1E FEET AT A BEARING OF SO4'21'47W FOR AN ARC LENGTH OF 32.27 FEET.THENCE RUN S09119'301N FOR A DISTANCE OF 13.15 FEET THENCE RUN SOLT0110!W FOR A DISTANCE OF 109.05 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE.THENCE ALONG SAID CURVE TO THE LEFT.HAVING A RADIUS OF 32 50 FEET.THROUGH A CENTRAL ANGLE OF 21.2:27'AND BEING SUBTENDED BY A CHORD OF 12.10 FEET ATA BEARING OF S19114'29-E FOR AN ARC LENGTH OF 12.17 FEET THENCE RUN S38'2T25E FOR A DISTANCE OF 24.37 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE THENCE ALONG SAID CURVE TO THE RIGHT.HAVING A RADIUS OF 57.57 FEET THROUGH A CENTRAL ANGLE OF 36.23'587 AND BEING SUBTENDED BY A CHORD OF 42.21 FEET AT A BEARING OF S18101501E FOR AN ARC LENGTH OF 42 83 FEET THENCE RUN SO1'0933V4 FOR A DISTANCE OF 33.81 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE,THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 48 50 FEET THROUGH A CENTRAL ANGLE Of 32'58'38` AND BEING SUBTENDED BY A CHORD OF 32.36 FEET AT A BEARING OF S2013E521N FOR AN ARC LENGTH OF 32.99 FEET TO A POINT OF COMPOUND CURVATURE.THENCE ALONG SND CURVE TO THE RIGHT HAVING A RADIUS OF 23 19 FEET THROUGH A CENTRAL ANGLE OF 08111108'AND BEING SUBTENDED BY A CHORD OF 3 31 FEET ATA BEARING OF 541'5815W.FOR AN ARC LENGTH OF 3.31 FEET TO A POINT OF COMPOUND CURVATURE THENCE ALONG SAID CURVE TO THE RIGHT.HAVING A RADIUS OF 36.42 FEET THROUGH A CENTRAL ANGLE OF 07.24'03"AND BEING SUBTENDED BY A CHORD OF 4 70 FEET AT A BEARING OF S4613T12-W FOR AN ARC LENGTH OF 4.70 FEET TO A POINT ON SAID RIGHT-OF-WAY THENCE ALONG SAID RIGHT-OF-WAY RUN N391O61201N FOR A DISTANCE OF 35 18 FEET TO THE POINT OF BEGINNING Of THE PARCEL HEREIN DESCRIBED CONTAINING 16034 56 SQUARE FEET MORE OR LESS BEARINGS REFER TO NORTH RIGHT-OF-WAY OF SAID US 41 AS BEING S 39'05'2C-E HOLE MONTES,INC. CERTIFICATE OF AUTHORIZATION LB 1772 BYE M,s 6278 JOHN J.HILTON STATE OF FLORIDA THIS IS NOT A SURVEY -mow NO. t)RAeel Bt. BAR950 Encore Way H-446 43H 0 19 Naples, FL 34110 tT+ OF Phone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION PROJECT o&o 3 HOLE MONTES Florida Certificate of F1.E NN1E SEC-PMN-RCE: IWNEPS>_wcr VAR)75 Authorization No.1772 19-50-26 -I ., 16B 1 «.O al",9"4017 Po AMY.or«.w.,. EXHIBIT Pag6. 3 ot..=2... LINE BEARING DISTANCE L1 N 50'59'07" E 1.04" L2 N 01'09'33" E 33.81' L3 N 38`27'25" W 25.69' L4 N 00'01'03" E 113.16' L5 N 09'19'30" E 17.14' L6 N 57'16'41" E 22.75' L7 N 90'00'00" E 60.13' L8 S 00'00'00" E 48.09' L9 S 57'07'38" W 58.63' L10 S 57'13'18" W 21.25' L11 S 09'19'30" W 13.15' L12 S 00'01'03" W 109.05' L13 S 38'27'25" E 24.37' L14 S 01'09'33` W 33.81' L15 N 39'06'20" W 35.18' CURVE RADIUS DELTA ANGLE CHORD LENGTH CHORD BEARING _ ARC LENGTH C1 13,76' 11'32'13" 2.77' N 35'52'39" E 2.77' C2 13.50' 28'53'51" 6.74' N 15'36'29" E . 6.81' C3 32.71' 34'12'29' 19.24' N 18'05'56" W 19.53' C4 67.50' 26'40`20" 31.14' N 19'14'05" W 31.42' C5 78.51' 0'36'08" 0.83' N 00'34'48" W 0.83' C6 77.40' 17'07'14" 23.04' N 04'41'46" E 23.13' C7 268.03' 6'31'57" _ 30.54' N 00'35'52" W 30.56' C8 217.68' 4'47'53" 18.22' N 05'04'03" E 18.23' C9 69.37' 21'40'55" 26.09' N 18'18'27" E 26.25' C10 114.81' ' 7'01'45" 14.08' N 31`23'48" E 14.09' C11 60.02' 20'32'29" 21.40' N 49'38'29" E 21.52' C12 17.12' 34'44'31" 10.22' __ N 32'28'42" E 10.38' 013 40.13' 15'19'38" 10.70' N 02'56'41" E _� 10.74' C14 3614.21' 0'26'28" 27.83' N 00'19144" W _ 27.83' C15 25.85' _ 18'36'25" 8.36' S 51'26'42" W 8.39' C 16 79.81' 6'12'48" 8.65` S 30.41'14" W 6.65' C17 34.37' 22'16'21` 13.28' S 18'36'10" w 13.36' C18 182.68' 4'47'53" 15.29' S 05'04'03" W 15.30' 019 233.03' 6'31'57" 26.55' _ S 00'35'52" E 26.57' C20 112.40' 16'27'05" 32.16' 5 04'21'42" W 32.27' C21 32.50' 21'27'27" 12.10' S 19'14'29" E 12.17' C22 67.57' 36'23'58" r 42.21' S 18'01'50" E 42.93' C23 48.50' 38'58'38" 32.36' S 20'38'52" W 32.99' C24 23.19' 8'11'08" 3.31'_ S 41'58'39" W 3.31' C25 36.42' 7'24'03" 4.70' S 46'37`12" W 4.70' THIS IS NOT A SURVEY wow n MOW 3 I t P P N 0 0 C Flt 341 0 6 my I O NM ids: (230) 254-2000 SKETCH AND LEGAL DESCRIPTION " teo HOLE MONIES FloridaCornfloolo of to-30-14 Rows War0• Authorization No.1772 a OM _ _ MA" 16B 1 airooKrawootool941W wale~a boo or mono ar aftway•N 11 EXHIRITLSL I 0 00 100 f iiiainni 1"0.100 FEET 1 ; t,i►t V. \ + 11r RA - t eKw l I Ot 1�161W FiCX 71 i• \ 11101110 A ^ NOMA A If Y • 1 J , .....k i I It. \ . % 7, i . . I LEGEND POC PON T OF COWAENCEMEN T POO POPS T OF BEGINNING THIS IS NOT A SURVEY ow it o+it 950 Encore Way ° °la 51 Mate:. FL. 34110 9airr/N A tphena (239) 294-2000 HOLE' no.ldo Certified* of SKETCH AND LEGAL DESCRIPTION 'ai K MSO-111: N wNKar AufhoN1sallon No.1772 71'go* 16B EX►-ttET i' rtL,>bI/LJorsaC19Q11bES3Je'M 12/1/7017 I42901 4Y Ned y AWAY* PC,Qt•. 2- 1 EGA!. LEGAL DESCRIPTION OF A PARCEL OF LAND LOCATED IN SECTION 19.TOWNSHIP 50 SOUTH.RANGE 26 EAST.COLLIER COUNTY_FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS' COMMENCING AT THE SOUTHWEST CORNER Of TRACT A.LELY GOLF ESTATES,AS RECORDED IN PLAT BOOK 8,PAGE 20 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA,ALSO BEING A POINT ON THE NORTH RIGHT OF-WAY OF US 41(TAMMAMI TRAIL)THENCE ALONG SAID RIGHT-OF-WAY RUN S 39136120"E FOR A DISTANCE OF 494.19 FEET TO THE POINT Of BEGINNING OF THE PARCEL DESCRIBED HEREIN,ALSO BEING THE BEGINNING OF A NON-TANGENTIL CIRCULAR CURVE,THENCE ALONG SAID CURVE TO THE LEFT.HAVING A RADIUS OF 21.11 FEET THROUGH A CENTRAL ANGLE OF 46'35'20'AND BEING SUBTENDED BY A CHORD OF 16.69 FEET AT A BEARING OF N24'25'S1'E,FOR AN ARC LENGTH OF 17.16 FEET:THENCE RUN NOi'0913'E FOR A DISTANCE OF 3157 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE:THENCE ALONG SAID CURVE TO THE LEFT,HAVING A RADIUS OF 40.07 FEET,THROUGH A CENTRAL ANGLE OF 39'36158'AND BEING SUBTENDED BY A CHORD OF 27.11 FEET AT A BEARING OF N18'3S 56'94.FOR AN ARC LENGTH OF 27.66 FEET.THENCE RUN N38'2775'W FOR A DISTANCE OF 16.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE:THENCE ALONG SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 60.00 FEET,THROUGH A CENTRAL ANGLE OF 38'2878'AND BEING SUBTENDED BY A CHORD CF 39.54 FEET AT A BEARING OF N19113'1INN FOR AN ARC LENGTH Cr 40 29 FEET:THENCE RUN N00°0103'E FGR A DISTANCE CF 104 49 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE-THENCE ALONG SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 60.00 FEET.THROUGH A CENTRAL ANGLE OF 14'49'15'AND BEING SUBTENDED BY A CHORD OF 15.48 FEET AT A BEARING OF N07'25'401r FOR AN ARC LENGTH OF 15.52 FEET TO A POINT OF REVERSE CURVATURE:THENCE ALONG SAID CURVE TO THE LEFT.HAVING A RADIUS OF 84.90 FEET.THROUGH A CENTRAL ANGLE OF 261176'AND BEING SUBTENDED BY A CHORD Of 36.95 FEET AT A BEARING OF NOR 34135TE.FOR AN ARC LENGTH OF 39.30 FEET TO A POINT OF REVERSE CURVATURE-THENCE ALONG SAID CURVE TO THE RIGHT,HAVING A RADIUS OF B0 00 FEET. THROUGH A CENTRAL ANGLE OF 6814543'AND BEING SUBTENDED BY A CHORD OF 90.35 FEET AT A BEARING OF N22'41143'E.FOR AN ARC LENGTH OF 96 01 FEET:THENCE RUN 957'04 35'E FOR A DISTANCE OF 16.30 FEET TO THE BEGINNING OF A TANGENTIAL.CIRCULAR CURVE:THENCE ALONG SAID CURVE TO THE LEFT,HAVING A RADIUS OF 25.30 FEET THROUGH A CENTRAL ANGLE OF 57'4751'AND BEING SUBTENDED BY A CHORD OF 24.13 FEET AT A BEARING OF N24'13091 EOR AN ARC LENGTH OF 25.18 FEET TO A POINT OF REVERSE CURVATURE:THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 360€.71 FEET THROUGH A CENTRAL ANGLE Of 00'2626'AND BEING SUBTENDED BY A CHORD OF 29.83 FEET AT A BEARING OF N00'241DN W OR AN ARC LENGTH OF 29.83 FEET:THENCE RUN N90'00'00'E FOR A DISTANCE OF 41.47 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE:THENCE ALONG SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 131.65 FEET THROUGH A CENTRAL ANGLE OF 29'0736'AND BEING SUBTENDED BY A CHORD OF 66.72 FEET AT A BEARING OF N16'5751'E FOR AN ARC LENGTH OF 66.73 FEET TOA POINT OF COMPOUND CURVATURE THENCE ALONG SAID CURVE TO THE RIGHT.HAVING A RADIUS OF 82.00 FEET,THROUGH A CENTRAL ANGLE OF 63'5535'AND BEING SUBTENDED BY A CHORD OF 86.62 FEET AT A BEARING OF N63'21'571E,FOR AN ARC LENGTH OF 91 49 FEET TO A POINT OF REVERSE CURVATURE THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 485 00 FEET THROUGH A CENTRAL ANGLE OF 12'01134'AND BEING SUBTENDED BY A CHORD OF 101 61 FEET ATA BEARING OF N89116-571.FOR AN ARC LENGTH DE 101.60 FEET TO A POINT OF REVERSE CURVATURE:THENCE ALONG SAO CURVE TO THE RIGHT.HAVING A RADIUS OF 100.00 FEET.THROUGH A CENTRAL ANGLE OF 33`06'31'AND BEING SUBTENDED BY A CHORD OF 56.98 FEET AT A BEARING OF S80'0834-E,FOR AN ARC LENGTH OF 57 79 FEET TOA POINT OF REVERSE CURVATURE.THENCE ALONG SAID CURVE TO THE LEFT_HAVING A RADIUS OF 170.00 FEET.THROUGH A CENTRAL ANGLE OF 3312575'AND BEING SUBTENDED BY A CHORD OF 97.77 FEET AT A BEARING OF S80'18'01'E.FOR AN ARC LENGTH OF 99.11 FEET."HENCE RUN N82'591161 FOR A DISTANCE Of 59.72 FEET:THENCE RUN S21'05'581.FOR A DISTANCE OF 7'5C FEET' THENCE RUN S59"1'3294 FOR A DISTANCE OF 13.56 FEET;THENCE RUN S79'26109W FORA DISTANCE OF 48.47 FEET:THENCE RUN 74'0131151V FOR A DISTANCE OF'5.00 FEET;THENCE RUN N79°28'0TE FOR A DISTANCE OF 38.92 FEET THENCE RUN N21'D5'58W FOR A DISTANCE OF 46.84 FEET;THENCE RUN 58759'16W FOR A DISTANCE OF 42.86 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE:THENCE ALONG SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 185.00 FEET.THROUGH A CENTRAL ANGLE Of 33'2575'AND BEING SUBTENDED BY A CHORD Of 10640 FFFT AT A BEARING OF N80°18'01 W FOR AN ARC LENGTH OF 107.92 FEET TO A POINT OF REVERSE CURVATURE:THENCE ALONG SAID CURVE TO THE LEFT,HAVING A RADIUS OF 85.00 FEET.THROUGH A CENTRAL ANGLE OF 33'06131'AND BEING SUBTENDED BY A CHORD OF 45.44 FEET AT A BEARING OF 1480'08'34W,FOR AN ARC LENGTH OF 4912 FEET TO A POINT OF REVERSE CURVATURE:THENCE ALONG SAID CURVE'O THE RIGHT.HAVING A RADIUS OF 500.00 FEET.THROUGH A CENTRAL ANGLE OF 12'01134'AND BEING SUBTENDED BY A CHORD OF 10175 FEET AT A BEARING OF S89'18'5794,FOR AN ARC LENGTH OF 104.95 FEET TO A POINT OF REVERSE CURVATURE;THENCE ALONG SAID CURVE TO THE LEFT.HAVING A RADIUS OF 67.00 FEET THROUGH A CENTRAL ANGLE OF 63'55'35'AND BEING SUBTENDED EY A CHORD OF 70.94 FEET AT A BEARING Of 563'21'57'W.FOR AN ARC LENGTH OF 74.75 FEET TC A POINT OF COMPOUND CURVATURE THENCE ALONG SAID CURVE TO THE LEFT.HAVING A RADIUS OF'16,65 FEET.THROUGH A CENTRAL ANGLE OF 36°4239'AND BEING SUBTENDED BY A CHORD OF 73.47 FEET AT A BEARING OF S13'02'50W,FOR AN ARC LENGTH OF 74,74 FEET TO A POINT OF REVERSE CURVATURE:THENCE ALONG SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 23.D0 FEET,THROUGH A CENTRAL ANGLE CF 62'26'08'AND BEING SUBTENDED BY A CHORD OF 23.84 FEET AT A BEARING OF 525'5434'W FOR AN ARC LENGTH OF 25.06 FEET:THENCE RUN S57°0738'1v FOR A DISTANCE OF 71.92 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE:THENCE ALONG SAD CURVE TO THE LEFT,HAVING A RADIUS OF 60.00 FEET,THROUGH A CENTRAL ANGLE OF 66'4909'AND BEING SUBTENDED BY A CHORD Of 67.81 FEET AT A BEARING OF S27431I4W.FOR AN ARC LENGTH OF 72.07 FEET TO A POINT OF REVERSE CURVATURE:THENCE ALONG SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 104.90 FEET.THROUGH A CENTRAL ANGLE OF 26.31'49'AND BEING SUBTENDED BY A CHORD OF 48.14 FEET AT A BEARING OF 501'3473'W,FOR AN ARC LENGTH OF 48.57 FEET TC A POINT OF REVERSE CURVATURE. THENCE ALONG SAID CURVE TO THE LEFT,HAVING A RADIUS OF 40.00 FEET THROUGH A CENTRAL ANGLE OF 14'4915'AND BEING SUBTENDED BY A CHORD DF 10,32 FEET AT A BEARING OF Sor2S40'W,FOR AN ARC LENGTH OF 10.35 FEET,THENCE RUN SOD'01`03'W FOR A DISTANCE OF 104 49 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE:THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET,THROUGH A CENTRAL ANGLE OF 38'28'28'AND BEING SUBTENDED BY A CHORD OF 26,36 FEET AT A BEARING OF 519'13'11'.FOR AN ARC LENGTH CF 26.86 FEET:THENCE RUN S38'2775'E FORA DISTANCE OF 16,69 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE:THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 60.00 FEET THROUGH A CENTRAL ANGLE OF 3916'54'AND BEING SUBTENDED BY A CHORD OF 40.66 FEET AT A BEARING OF 514'381TE FOR AN ARC LENGTH OF 41 48 FEET;THENCE RUN S01'0900Ya FOR A DISTANCE OF 32.57 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE:THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 41.11 FEET THROUGH A CENTRAL ANGLE OF 48'0743'AND BEING SUBTENDED BY A CHORD OF 33.52 FEET AT A BEARING OF S2S1713W,FOR AN ARC LENGTH OF 34.53 FEET TO A POINT ON THE SAID NORTH RIGHT-OF-WAY THENCE ALONG SAID RIGHT-OF-WAY RUN N39'3620".N'FOR A DISTANCE OF 20.02 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED CONTAINING 19853.15 SQUARE FEET,MORE OR LESS. BEARINGS REFER TO NORTH RIGHT-OF-WAY OF SAID LS 41 AS BEING S 39%620'E HOLE MONTES,INC. CERTIFICATE OF AUTHORIZATION LB#1772 BY -- P.S.M.*6278 JOHN J.HILTON STATE OF FLORIDA THIS IS NOT A SURVEY ORMM BY: DATE: - 950 Encore Way DRAe1NC IC. JJH 9/19 Naples, FL. 34110 51 SHEET 1 'OF 9EE'T 11111011 Phone-. (239) 254-2000 SKETCH AND LEGAL DESCRIPTION 6.060 2 3 HOLE MONTES Florida CertHlcate of nit Waft SEC-PA-RGI: *,i;c< cp vFa°'~s Authorization No.1772 29'AES 19-50-26 16B 1 .t.pos„..r awro...-,nvmi7WNW 4,am w.r..« UNE BEARING DISTANCE A EX1 t IT "C L1 N 01'09'33" E 32.57' �*+ L2 N 38'27'25" W + 16.89' Pa 1_ _ of .3 . L3 N 00'01'03" E 104.49' I L4 N 57'04'35" E 16.30' _ L5 N 90"00'00" E i 41.47' L6 N 82'59'16" E 59.72' L7 S 21'05'58" E 71.50' L8 S 59'11'32" W 13.56. _H L9 S 79'28'09" W 48.47' L10 N 10'31'51" W 15.00' L11 N 79'28'09" E 38.92' L12 N 21'05'58" W 46.84' L13 S 82'59'16" W 42.86' L 14 S 57'07'38" W ^ 71.92' L 15 S 00'01'03" W 104.49' L16 S 38'27'25" E16.89' L17 S 01'09'30" W E . 32.57`- L 18 N 39'06'20" W 20.02' CURVE RADIUS DELTA ANGLE CHORD LENGTH CHORD BEARING ARC LENGTH Cl 21.11' 46'35'20" 15.69' N 24'25'51" E 17.16' C2 40.00' 39'36'58" 27.11' _ N 18'38'56" w 27.66' C3 60.00' 38'28'28" 39.54' N 19'13'11" W 40.29' C4 60.00' 14'49'15" 15.48' _ N 07'25'40" E 15.52' CS 84.90' 26'31'26" 38.95' N 01'34'35" E 39.30' C6 80.00' 68'45'43" 90.35' N 22'41'43" E 96.01' C7 25.00' 57'42'51" 24.'3' N 28`13'09" E 25.18' C8 3606.71' 0'28'26" 29.83' N 00'24'04" W 29.83' C9 131.65' 29'02'36" + 66.02' N 16'52'51" E 66.73' I CIO _ 82.00' 63"55'35' 86.82' , N 63'21'57" E 91.49' C11 485.00' 12'01'34* 101.61' N 89'18'57" E 101.80' C12 100.00' 33'06'31" 56.98' , S 80'08'34" E 57.79' C13 170.00' 33'25'25" 97.77' S 80'18'01" E 99.'7' C14 185.00' 33'25'25" 106.40' N 80'18'01" W 107.02' C15 85.00' 33'06'31" 48.44' N 80'08'34" W 49.12' C16 500.00' 12'01'34" 104.75' S 89'18'57' W 104.95' C17 67.00 83'5535 70.94' S 63'21'57" W _ 74.75' C18 116.65' 36'42'39" 73.47' 5 13'02'50" W 74.74' C19 23.00' ' 6726'08" 23.84' S 25'54'34" W 25.06' C20 60.00' 68'49'09" 67.81' S 22'43'04" W 72.07' C21 104.90' 26'31'49" 48.14' ' S 01'34'23" W 48.57 C22 40.00' 14'49'15" 10.32' S 07'25'40" W _ 10.35` C23 40.00' 38'28'28" 26.36' S 19'13'11' E 26.86' C24 60.00' 39'36'54" _ 40.66' S 18"38'57" E _ 41.48' C25 41.11' 48'07'43" 33.52' _ S 25'12'13" w 34.53' THIS IS NOT A SURVEY wawa Kt Mak it 6Att' - O38 Enaoa Way }-461 94117,( '9E;i 1 nor*: ((232) 25s, FL42000 SKETCH AND LEGAL DESCRIPTION110 1 a 4a4 SEC-101-2M: HOLE MONTES Florida Certificate of ,ti Mos o ,►-01-'M0 mom PAM*MEW, AuthoAsotian No.1772 _ a1'Kip INSTR 5564587 OR 5516 PG 1732 RECORDED 6/1/2018 12:55 PM PAGES 11 PROJECT 10 Water POD 8 Easement Project DWIGHT E.BROCK,CLERK OF THE CIRCUIT COURT PARCEL Hibiscus Golf Club COLLIER COUNTY FLORIDA FOLIO 55150040004 8 55150480004 REC$95.00 SUBORDINATION, CONSENT AND JOINDER OF EASEMENT THIS SUBORDINATION, CONSENT AND JOINDER OF EASEMENT given this 2_Ad day of i'-1 2018 by BRANCH BANKING AND TRUST COMPANY, a North Carol' a banking corporation, whose mailing address is 8563rd Avenue South, Naples, FL 34102, (hereinafter referred to as "Mortgagee"), 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, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (hereinafter referred to as "CCWSD"). Mortgagee is used as singular or plural, as the context requires. WITNESSETH: WHEREAS, Mortgagee is the owner and holder of that certain Mortgage, Security Agreement and Assignment of Rents by and between Nassif Golf Venutres, L.L.C., a Florida limited liability company, and Branch Banking and Trust Company, a North Carolina banking corporation, and recorded on January 2, 2018, in Official Records Book 5463, Page 3539; along with an Assignment of Rents, Leases and Profits between Branch Banking and Trust Company, a North Carolina banking corporation, and Nassif Golf Venutres, L.L.C., a Florida limited liability company, and recorded on January 2, 2018, in Official Records Book 5463, Page 3554; and together with that Uniform Commercial Code Financing Statement recorded on January 2, 2018 in Official Records Book 5463, Page 3560, all of the Public Records of Collier County, Florida, (hereinafter collectively referred to as "Mortgage"), encumbering the premises legally described therein (hereinafter referred to as the "Encumbered Property"); WHEREAS, CCWSD has requested and received from the fee simple owner of the Encumbered Property a perpetual non-exclusive easement for utility, and maintenance purposes, over, under, on and across a portion 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"); and WHEREAS, CCWSD has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that CCWSD has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage to the grant of that certain easement described herein over, under, on and across the Easement Property and any interest of CCWSD in any utility, and maintenance facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, on and across the Easement Property, or any utility, and maintenance facilities located therein or affixed thereto, said Mortgage shall remain in full force and effect. IN WITNESS WHEREOF, the Mortgagee has set its hand and seal the date and year first written above. BRANCH BANKING AND TRUST itness (Signature) COMPANY, a North Carolina banking corporation A a oro-n VVitnesS(Print N.. ) By: ess :007-ture) t((eV 020 X 0.2 Print Name: /i."40.4,‘, U. Witness(Print Name' Print Title: S STATE OF -1—cft'oc-4 IDA COUNTY OF tvat-J '( The foregoing Subordination, Consent and Joinder of Easement was acknowledged before me this Q ,i(2 day of 2018 by 146 1,644 (Name), as fAi 04 I Title), on be . • : „ • • nd Trust Company, a North Carolina banking corporation, who is rson. nown to u • who has produced type of identification] as identification. affix notarial seal) Signature of Notary Public 44 . Print Name of Notary Public) NOTARY PUBLIC ROPIALD U.TANGUAY Serial/Commission #: (if any) / * Notary Public.State of Fiords My Commission Expires:Commission.GG 119673 My corm.mass Jun 12.2021 5YaSAN% 4 k‘2016\201E0b0SWOCS%CMp S/70/7017 IIl937 AM PW*1 A:,wrwWm N EXHIBIT 4i.1 " c5__,.. 1o il 0 50 100 I I EA$EVOI CII CI? 11"-100 F>~ENI c,1 CIO 6 1J 1.6 ciT--- 1r. a J 4, o TRACT E 1,10 E6 C t6 1 e I 1 1 1 v I lq'STAa coop '..\ TRACT A uoli co, Eas r car ESTwo WES A. EiAT1 1RACr A PB.9 PG.20 11p I J I 1 I 4Y set.—. 1e, \ G 17 n 1Poe ` ryby` LEGEND POC POINT OF COINENCEI,IENT POB POINT OF BEGINNING THIS IS NOT A SURVEY DRAlyil Ere;WE: 950 Enoorn Way D11 ONG 40. l19 Noplss, FL, 34110 H-453 51QET OF SHEET Phone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION 0JE16.060 40,WWI 1 3 HOLE MONTES Florida C.rtlflcot• of Flu N SEC- -RGE UniXEIM - '°s. +c s Authorizotion No.1772 CI1E.d1rq 19- 0-26 EXHIBIT “ti '' 0.2016\70/facks.0704s‘ace.,9/25/70 t upw Al/Puna .arrilw LEGAL DESCRIPTION Of A PARCEL Of LAND LOCATED IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: cAME.N2N Al THE SOUTHWEST CORNER OF TRACT A, LELY GOLF ESTATES,AS RECORDED IN RAT BOOK Ti, PAGE 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, LORIDA, ALSO BEING A POINT ON THE NORTH RIGHT-OE-WAY OF US 41 (TAALAII TRAC. THENCE ALONG SALT) RIGHT-Of-WAY RUN S 39'0620 E FOR A DISTANCE of 494.19 FEET TO THE .L71NI_GIF7 BECIFENINc OF THE PARCEL. DESCRIBED HEREIN, ALSO BEING THE BEGNNIVG Of A NON-TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAC CURVE TO THE TEFL", HAVING A RADA,'S Of 21 11 FEET, THROUGH A CENTRAL ANGLE OF 46'35'11AND BEING SUBTENDED BY A CHORD Of 16,69 FEET Al A REARING 01 N24'25'561, FOR AN ARC LENGTH OF 17.16 FEET; THENCE RUN N01'09.33Y FOR A DISTANCE OF 32.58 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE: THENCE ALONG SAID CURIE TO THE LEVI, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 393E58 AND BEING SUBTENDED BY A CHORD OF 77,11 FEET AT A BEARING OF 141838.56-W, FOR AN ARC LENGTH OF 27.66 FEU; THENCE RUN N562125'1,1 FON A DISTANCE Of 16.89 FEET 10 THE BEGINNING OF A TANGENTIAL. RCULAR CURVE; THENCE ALONG SND CURVE TO THE RIGHT, HAVING A RADIUS OF 60.00 FEET, THROUGH A CENTRAL ANGLE CF 38.28'28. AND BEING SUBTENDED HT A CHORD OF 39.54 FEET AT A BEARING Of N19'13'11)4, FOR AN ARC LENGTH 01 40.29 FEET: THENCE REIN 1.40001'O3E FOR A DISTANCE OF 104.49 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCA ALONG SAID CURVE TO THE RiCktl, HAVING A RADIUS Of 60.00 FEET, THROUGH A CENTRAL ANGLE Of T44915 AND BEING SUBTENDED BY A CHORD OF 15.48 FEET Al A BEARING Of NOT25.401, FOR AN ARC LENGTH OF 15.52 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SND CURVE TO THE LEFT, HAVING A RADIUS OF 84.90 FEET. THROUGH A CENTRAL ANGLE OF 26'31'26 AND BEING SUBTENDED BT A CHORD OF 38.95 FEET AT A HEARING Of NT)134'351, FOR AN ARC LENGTH OF 39.30 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE 10 THE RIGHT, HAVING A RADIUS OF 80.00 FEET, THROUGH A CENTRAL ANGLE OF 6E145'43 ANO BENG SUBTENDED BY A CHORD OF 90,35 TEE! Al A BEARING OF N2241.43E, FOR AN ARC LENGTH OF 96.01 FEET; THENCE RUN 145T0.4.35.E FOR A DISTANCE OF 16.30 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE: THENCE ALONG SAC CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, IHROUCH A CENTRAL ANGLE Of 57'4251' ANC BEING SUBTENDED BY A CHORD Of 24 13 FEET Al A BEARING OF N2613'091, FOR AN ARC LENGTH OF 25.18 FEET TO A PONT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE 10 THE RIGHT, HAVING A RADIUS OF 3606.71 FEET, THROUGH A CENTRAL ANGLE OF 00'7626 AND BEING SUBTENDED RN' A CHORD OF 79.163 FEET AT A BEARING 01 1,100'24'04.W. FOR AN ARC LENGTH OF 29,83 FEET; THENCE RUN N90"0000E FOR A DISTANCE OE 41.47 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR COM, THENCE ALONG SATO CURVE TO THE RICHT, HAVING A RADIUS OF 131,65 FEET. THROUGH A CENTRAL ANGLE OF 2402'36 ANC BEING SUBTENDED BY A CHORD OF 66.0/ FEET Al A BEARING Of 916'52'51E, FOR AN ARC LENGTH OF 66.73 FEE' TO A POINT 04- COMPOUND CURVATURE; THENCE ALONG SND CURVE TO THE RIGHT, RAVING A RADIUS OF 82.00 FEET, 1144O0GH A CENTRAL ANGLE OF 63'55'35 AND BEING SUBTENDED HY A CHORD Of 86.82 FEET Al A BEARING OF 1463'2157E, FON AN ARC LENGTH Of 91 49 FEET TO A POINT OF REVERSE CURVATURE: THENCE ALONG SM) CURVE TO THE LEFT, HAVING A RADIUS OF 485.00 FEET, THROUGH A GENERAL ANGLE OF 1701'34" MO BEING SUBTENDED BT A CHORD OF 101.61 FEET AT A BEARING Of N89'i8'57-E, FOR AN ARC LENGTH OF 101,80 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAIL) CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE Of 33'06'31. AND BEING SUBTENDED BY A CHORD OF 56.98 FEET Al A REARING OF 580'08'341, FOR AN ARC LENGTH OF 5/.79 FEET 10 A POINT OF REVERSE CURVATURE: THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 170.00 FEET, THROUGH A CENTRAL ANGLE OF 33'25'26 ANO BEING SUBTENDED BY A CHORD OF 97.77 FEET Al A BEARING OF SRC/18'01"E, FOR AN ARC LENGTH OF 99.17 FEET; THENCE RUN NE12'59`16.E FOR A DISTANCE OF 44,25 FEET; THENCE RUN S21•05'58.E FOR A DISTANCE OF 77./4 FITT: THENCE RUN 579'2809.1Y FOR A DISTANCE OF 46.81 FEET; THENCE NUN NI0'31.51-W FOR A DISTANCE OF 15.00 FEET; THL-NGE RUN N79-28.09-E FOR A DISTANCE oF' 38.92 FEET; THENCE RUN 62105'58'W FON A DISTANCE OF 57.15 FEET; THENCE RUN S8759'16W FOR A DISTANCE OF 40.35 FEET TEl THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAIL) CURVE 10 THE RICHT, HAVING A RADIUS OF 175.00 FEET, THROUGH A CENTRAL ANGIE OF 3-3'25'26 AND BEING SUBTENDED BY A GIEGIRD OF 100.65 EFET Al A BEARING OF N11718'01-W. FOR AN ARC LENGTH OF 102,09 FEET 10 A POINT Of REVERSE CURVATURE; THENCE ALONG SAID CURVE 10 THE LEFT. HAVING A RADIUS OF 95.00 FEET, THROUGH A CENTRAL ANGLE OE 33'06731 AND BEING SUBTENDED BY A CHORD 01 54,14 FEET Al A HEARING OF 148008.34.1I, FOR AN ARC LENGTH OF 54,90 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE TO DK RIGHT, HAVING A RADIUS Or 490,00 FEET, PiROLFGI-1 A CENTRAL ANGLE OF 1701'34. AND BEING SUBTENDED BY A CHORD OF 102.66 FEET Al A BLARING OF 56711f5/111,, FOR AN ARC LENGTH OF 102,85 FEET TO A POINT 01 RFNERSE CURVATURE; THENCE ALONG SAID CURVE TO THE LEFT, HAYING A RADIUS Of 17,00 FEET, THROUGH A CENTRAL ANGLE OF 63'55'35 AND BEING SUBTENDED Fir A CHORD OF 81,52 FEET Al A HEARING OF 563'21'51"W, FUR AN ARC LENGTH Of 85.91 FEET 10 A POINT OF COMPOUND CURVATURE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 126.6.5 FEET, THROUCA, A CENTRAL ANGLE OF 13'28'32 AND BEING SUBTENDED BY A CHORD OF /7.95 FEET AT A BEARING OF SI4%39'53'W, FOR AN ARC LENGIH Of /3.99 FEET. THENCE RUN /4901)VOC-Ii FOR A DISTANCE Of 36.40 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT, RAVING A RADIUS OF' 3596.71 FEET, THROUGH A CENTRAL ANGLE Of (018'51 HAL) BEING SUBTENDED BY A CHORD OF 19.72 FEET AT A BEARING Of 50729'51-E, FOR AN ARC LENGTH OF 19.72 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 35.00 EEO, THROUGH A CENTRAL ANGLE 01 57'42'52' AND BEING SUBTENDED Err A CHORD Of 33.78 FEET AT A BEARING OE 528'13`09W, FOR AN ARC LENGTH OF 35.76 FEET; THENCE RUN S5TO4'35.111 FOR A DISTANCE OF 16.29 FEET 10 THE BEGINNING Of A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF /0.00 FEET, IHROUCH A CENTRAL ANGLE OF E.8.45.47-AND BEING SUBTENDED BY A CHORD Or 79.06 FEET AT A BEARING OF S2741.45)1f, FOR AN ARC LENGTH Of 84.01 FEET TO A POINT Of REVERSE CURVATURE: THENCE ALONG SAID CURVE TO THE RIGHT, HAYING A RADIUS 01' 94.90 FEET, THROUGH A CENTRAL. ANGLE OF 2631`26 AND BEING SUBTENDED BY A CHORD OF 43.54 FEET AT A BEARING OF 501.34.35W. FOR AN ARC LENGTH Of 43.93 FEET 10 A PONT OF REVERSE CURVATURE; THENCE ALONG SND CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET. THROUGH A CENTRAL ANGLE OF 1449'23 040 BEING SUBTENDED IVY A CHORD OF 1/.90 FEET AT A BLARING OF S0T25'.36.W, FOR AN ARC LENGTH OF 12.94 FEET; THENCE RUN SO0'01.03"W FOR A DISTANCE Of 10-4.48 FEET IC THE BEGINNING CR A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE 10 THE LEFT. FINANG A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 38'78'31 AND KING SUBTENDED BY A CUORD Or 32.95 FEET Al A BEARING OF S19'13'11E. FOR AN ARC LENGTH OF 33.58 FEET; THENCE RUN S31E27'251 FOR A DISTANCE 01 6.89 FEET 10 THE BEGINNING OF A TANGENT* CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE RIGHT, RAVING A RADIUS OF 50,00 FEET, THROUGH A CENTRAL ANGLE OF 39'37'00 AND BEING SURTENDED BY A CHORD Of 33.89 11E1 Al A BEARING OF SI8'313'56-E, FOR AN ARC LENGTH OF 34.57 FEET; THENCE RUN SODO9'33.11I FOR A OfSTANCE OF 32.5/ TEE! TO THE BEGINNING Of A NON-TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE IL) DIE RIGHT, HAVING A RADIUS OF 31.11 FEET, THROUGH A CENTRAL ANGLE OF 4716'31 AND BEING SUBTENDED BE A CHORD OF 25.11 FEET AT A BEARING Of S24'56'25-W, FOR AN ARC LENGTH Of 25.85 FEET 10 A POINT ON THE SAC NORTH RIGHT-OF-WAY; THENCE ALONG SATO RIGHT-OF-WA) RUN 939'06'208 FOR A DISTANCE Of 10,01 FEET, TO THE POINT QF BEGINNING OF THE PARCEL HEREIN DESCRIBED. ONTAINING 8771.34 SQUARE ECU MORE OR LESS. Digitally signed by BEARINGS REFER TO NORTH RIGHT-OF-WAY DE SAID US 41, AS BEING S Y-Y06'20" E John Hilton DN:cn.John n. HOLE MONTES,INC I Hilton o-Hole CERTIFICATE OF AUTHORIZATION LB#1772 0u-survey Department, emall=johnhIltoncs nmeng.com,c=US P.S.M.#6278 Date:2017.09.28 JOHN J.HILTON STATE OF FLORIS:1039.OFFOLTIDATHISISNOTASURVEY DRAyfii BR: ATE:D950 Encore Way DRAeliG 140, 1,84 9/11) Noplos, FL 34110 SHEET OF SUITE) I Phone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION PRO•jEC1 16.060 2 3 HOLE MONTES Florida CertIfIcate of FILE NAVE SEC- -RGE: 41M PO.'"5.0Nt'uz5 Authorization No.1772 19-S0-26 CULeNi 78/201/'Paw~~_ LINE BEARING DISTANCE EXHIBIT L1 N 01'09'33^ L 32.58' eo acf 1 L2 N 38'27'25" W 16.89' L3 , N 00'01'03^ [104.49' L4 N 57O4.35. E 15.30. L5 N 00'00.00. E 41.47' L6 N 82'59'16^ [ 44.25' L7 S 21'05'50^ E 77.24' L8 S 79`28'09^ W _ 46.81 ' L9 N 10r31 '51^ W 15.00' L1O N 79r28'09^ E 38.92' L11 N 21'05.56. W 57.15' L12 S 82'59'15" W 40.35' L13 N 00y0O`00~ W 36.40' L14 S 57~04'35" W 16.29' L15 S 00`01'83^ W 104.48' L16 S 3E727'25^ E16.89' L17 S 01'09'33" YY E . 32.57' L18 N 39^06'20^ W / 10.01 ' CURVE RADIUS DELTA ANGLE CHORD LENGTH CHORD BEARING ARC LENGTH Cl 21.1 1' 46`35'1 1 ^ 16.69' N 24'25'56^ E 1 7.1 8' C2 40.00' 39^36'58" 27.11 ' N 18^38'56^ W 27.66' C3 60.00' . 38`28'28^ 39.54' N 19^13'11 ~ W 40.29` C4 60.00' 14^4¢15^ 15.48' N 0725'40^ E 15.52' C5 84.90' 26;31'26^ 38.95' N 01']4']5^ E 39.30' C6 80.00' 68'45'43" 90.35' N 22'41'43" E 96.01 ' C7 25.00' 5742'51" 24.13' N 28^13'09^ E 25.18' C8 3805.71^0^28'26^ 29.83' N 00'24'04^ W 29.83' C9 131 .85'29`02'36^ 66.02' N 16'52'51" E 6673' 010 82.00' 63'55^35^ 86.82' N 63'21'57^ E 91.49' C11 485.00' 12^O1'34~ 101 .61^ N 89`18'57^ E 101.80' C12 100.00'33'06'31" '58.98' S 80^08'34" E 57.79' C13 170.00'3'25'26" 97.77' S 80^18'O1^ E 99.17' C14 175.00'33'25'26^ 100.65' N 80^18'O1^ W 102.09' C1595.00' 3506'31 ^ 54.14' N 80^08'34" W 54.90' 1 C16 490.00'12'01'34^ 102.56' S 89'18.57. W 102.85. C17 77.00' 6555'35^ 81.52' S 63^21'57" W 85.91' 018 126.65'3528'32^ 72.95' S 14'39'53^ W 73.99' C19 3596.71'0'18'51" 19.72' S 0O^28'51^ E 19.72' C20 35.00' . 57'42'52^ 33.78' S 28/13'09^ W 35.25' 1 70.00' 68'45'47^ 79.06' S 22'41'45" W 84.01' C22 94.90' 25'31 '25^ '43.54' S 01'34'35^ W 43.93' C23 50.00' 14^49'23' 12.90' S 0/25'36~ W 12.94' C24 50.00' 38`28'31 ^ 32.95' S 19^13`11" E 33.58^ C2550.00' 39`37'0O^ ,33.89' S 18738'56^ E 34.57. C26 1.1 1 ' 473O'51 " 25.11' S 24`56'25° W 25.85' THIS IS NOT A SURVEY DRA0 ay, DRAIIIISG MO. No 950 Encore WaY A- SHUTT Or ° IHM 4 Phone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION16.060 N EXHIBIT 'P' , 11 Qle 4 of.3 -- 0 ao 100 I iiil I 1"-100 FEET 1 Y u 7) 3 I 6 110'nA IOm CQ fFEOtRC y. Env A 1L cow OIQA 7.. \ ma t, „IAIF1 o. Q.if. \ I I Nis_\ Iti POO 4 l LEGEND POC POINT OF COMMENCEMENT POB POINT OF BEGINNING THIS IS NOT A SURVEY waif liN: "611, iso Encore war ma I JAN 10 leillNopI.s. FL. 34110 wawa 4S1 KEYgelPhon.a (239) 254-woo SKETCH AND LEGAL DESCRIPTION Plaii9 oaoI S[G rtNl-ki: 3 HOLE MONTES F10,/do Cor tf1aal• of Mt NATE 11-50-24 0641"""g" "' Aulhorh otton No.1772 b'ALM AtV0111\70f10101Z170113W ILIeg r 0.51'31 AM?Wiwi tv.A.Onlittn EXHIBIT '‘ R LEGAL DESCRIPTION OF A PARCEL OF LAND LOCATED IN SECTION IS TOWNSHIP 50 SOUTH,RANGE 26 EAST.COLLIER COUNTY FLORIDA,BEING MORE PARTICULARLY3 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF TRACT A,LELY GOLF ESTATES.AS RECORDED IN PLAT 80019 8.PAGE 20 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA,ALSO BEING A POINT ON THE NORTH RIGHT-OF-WAY OF US 41(TAmIAMI TRAIL).THENCE ALONG SAID RIGHT-OF-WAY RUN S 39°0620 E FOR A DISTANCE OF 494.19 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN.ALSO BEING THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE:THENCE ALONG SAID CURVE TO THE LEFT.HAVING A RADIUS OF 21.11 FEET THROUGH A CENTRAL ANGLE OF 46'3520'AND BEING SUBTENDED BY A CHORD OF 16.69 FEET AT A BEARING OF N24251oE,FOR AN ARC LENGTH OF 17.15 FEET;THENCE RUN NO1'09'3.3'E FOR A INSTANCE OF 32.57 FEET TO THE BEGINNING Of A TANGENTIAL CIRCULAR CURVE:THENCE ALONG SAID CURVE TO THE LEFT,HAVING A RADIUS OF 4000 FEET THROUGH A CENTRAL ANGLE OF 39'3858'AND BEING SUBTENDED BY A CHORD OF 27.11 FEET AT A BEARING OF N18-18'5ENN FOR AN ARC I FNGTH OF P66 FEET,THENCE RUN N36'27250.,FORA DiSTANCE OF 16.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE"THENCE ALONG SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 60.00 FEET,THROUGH A CENTRAL ANGLE Of 362826'AND BEING SUBTENDED BY A CHORD OF 39 54 FEET AT A BEARING OF N191 3',1144 FOR AN ARC LENGTH OF 40 29 FEET;THENCE RUN 400'0103'E TOR A DISTANCE OF 10449 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE-THENCE ALONG SAID CURVE TO THE RIGHT.HAVING A RADIUS OF 60.00 FEET THROUGH A CENTRAL ANGLE OF 144915'AND BEING SUBTENDED BY A CHORD OF 15.48 FEET AT A BEARING OF NormATE FOR AN ARC LENGTH CF 15.52 FEET TOA POINT OF REVERSE CURVATURE'THENCE ALONG SAID CURVE TO THE LEFT,HAVING A RADIUS OF 84.90 FEET,THROUGH A CENTRAL ANGLE OF 29'3E26 AND BEING SUBTENDED BY A CHORD OF 36.96 FEET AT A BEARING OF 401-34"35E.FOR AN ARC LENGTH OF 39 30 FEET TO A POINT OF REVERSE CURVATURE:THENCE ALONG SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 80.00 FEET, THROUGH A CENTRAL ANGLE OF 68'4513"AND BEING SUBTENDED BY A CHORD OF 90.35 FEET AT A BEARING OF N27'41'43E.FOR AN ARC LENGTH Of 96.01 FEET;THENCE RUN N57'0415-E FOR A DISTANCE OF 16.30 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE;THENCE ALONG SAID CURVE TO THE LEFT,HAVING A RADIUS OF 25,00 FEET THROUGH A CENTRAL ANGLE OF 57'4751"AND BEING SUBTENDED BY A CHORD OF 24 13 FEET AT A BEARING OF N26131091.FOR AN ARC LENGTH OF 25.18 FEET TO A POINT OF REVERSE CURVATURE:THENCE ALONG SAID CURVE TO THE RIGHT.HAVING A RADIUS OF 36[6.71 FEET THROUGH A CENTRAL ANGLE OF 00'2826'AND BEING SUBTENDED BY A CHORD OF 29.83 FEET AT A BEARING OF/91001404'W FOR AN ARC LENGTH OF 29,63 FEET:THENCE RUN N90.0000E FOR A DISTANCE OF 41,47 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE:THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 131 65 FEET THROUGH A CENTRAL ANGLE OF 290216'AND BEING SUBTENDED BY A CHORD OF 66.02 FEET AT A BEARING OF N165751E FOR AN ARC LENGTH OF 6873 FEET TO A POINT OF COMPOUND CURVATURE THENCE ALONG SAID CURVE TO THE RIGHT.HAVING A RADIUS OF 62,00 FEET.THROUGH A CENTRAL ANGLE OE 63'5535'A190 BEING SUBTENDED BY A CHORD OF 86.62 FEET AT A BEARING OF N63'215rE,FOR AN ARC LENGTH OF 91,49 FEET TO A POINT OF REVERSE CURVATURE:THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 48500 FEET THROUGH A CENTRAL ANGLE OF 12'0°34'AND BEING SUBTENDED BY A CHORD OF 10'El FEET AT A BEARING OF N89'18 571.FOR AN ARC LENGTH OF 101.80 FEE'TO A POINT OF REVERSE CURVATURE'THENCE ALONG SAID CURVE TO'RE RIGHT,HAVING A RADIOS Of ICCOO FEET THROUGH A CENTRAL ANGLE OF 33'06"3o AND BEING SUBTENDED BY A CHORD OF 56.98 FEET AT A BEARING OF 5600814'E,FOR AN ARC LENGTH Of 57.79 FEET TO A POINT OF REVERSE CURVATURE:THENCE ALONG SAID CURVE TO THE LEFT,HAVING A RADIUS OF 170.00 FEET THROUGH A CENTRAL ANGLE OF 33'25'25 AND BEING SUBTENDED BY A CHORD OF 97.77 FEET AT A BEARING OF 580'18'011.FOR AN ARC LENGTH OF 99.17 FEET'THENCE RUN'982'59'16TE FOR A DISTANCE OF 59,72 FEET:THENCE RUN szi rossrE FOR A DISTANCE OF PAO FEET' THENCE RUN S59'11'32"VO FOR A DISTANCE OF 13.56 FEET:THENCE RUN 579'2609'W FOR A DISTANCE OF 48.47 FEET THENCE RUN N101'IOW FOR A DISTANCE OF'5.00 FEET'THENCE RUN 1479'28'09'E FOR A DISTANCE OF 38,92 FEET,THENCE RUN N21.0558'W FOR A DISTANCE OF 46.84 FEET;THENCE RUN 582'59161N FOR A DISTANCE OF 42.56 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE;THENCE ALONG SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 185 00 FEET THROUGH A CENTRAL ANGLE OF 33'25'75 AND BEING SUBTENDED BY A CHORD OF 106 40 FEET Al A BEARING OF 61A0-1801'w FOR AN ARC LENGTH OF I 07.97 FEET TO A POINT OF REVERSE CURVATURE:THENCE ALONG SAID CURVE TO THE LEFT,HAVING A RADIUS OF 85 00 FEET THROUGH A CENTRAL ANGLE OF 3.3*0601'AND BEING SUBTENDED BY A CRORD OF 48.44 FEET AT A BEARING OF N80'0314W,FOR AN ARC LENGTH Of 19,12 FEET TO A POINT OF REVERSE CURVATURE THENCE ALONG SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 500,00 FEET.THROUGH A CENTRAL ANGLE OF 12'01'34'AND BEING SUBTENDED BY A CHORD OF 104 75 FEET AT A BEARING OF se9'1t5TIN,FOR AN ARC LENGTH OF 104,95 FEET TO A POINT OF REVERSE CURVATURE:THENCE ALONG SAID CURVE TO THE LEFT.HAVING A RADIUS OF 6730 FEET THROUGH A CENTRAL ANGLE OF 635515"AND BEING SUBTENDED BY A CHOW)OF 70.94 FEETAT A BEARING OF Sts121571V,FOR AN ARC LENGTH OF 74 75 FEET TC A POINT DE COMPOUND CURVATURE THENCE ALONG SAID CURVE TO THE LEFT,HAVING A RADIUS OF'15.65 FEET.THROUGH A CENTRAL ANGLE Of 35'4209'AND BEING SUBTENDED BY A CHORD OF 73.47 FEET AT A BEARING OF S13•02501N,FOR AN ARC LENGTH OF 74.74 FEET TO A POINT OF REVERSE CURVATURE*THENCE ALONG SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 23.00 FEET,THROUGH A CENTRAL ANGLE OF 82'2608'AND BEING SUBTENDED BY A CHORD OF 23.84 FEET AT A BEARING OE S25'5434"NV FOR AN ARC LENGTH OF 25.06 FEET,THENCE RUN S57'07381'4 FOR A DISTANCE OF 11.92 FEET TO THE BEGINNING Of A TANGENTIAL CIRCULAR CURVE"THENCE ALONG SAID CURVE TO THE LEFT.HAVING A RADIUS OF 60.00 FEET,THROUGH A CENTRAL ANGLE OF 681909'AND BEING SUBTENDED BY A CHORD Of 67,51 FEET AT A BEARING OF S22'43'04'W,FOR AN ARC LENGTH OF 72,07 FEET TO A POINT OF REVERSE CURVATURE;THENCE ALONG SAID CURVE TO THE RIGHT HALING A RADIUS OF 104.90 FEET,THROUGH A CENTRAL ANGLE OF 261119'AND BEING SUBTENDED BY A CHORD OF 48.14 FEET AT A BEARING OF 931`34731V,FOR AN ARC LENGTH OF 48.57 FEET TO A POINT OF REVERSE CURVATURE' THENCE ALONG SAID CURVE TO THE LEFT,HAVING A RADIUS OF 41306 FEET THROUGH A CENTRAL ANGLE OF 14'4915'AND BEING SUBTENDED BY A CHORD OF 10,32 FEET AT A BEARING OF S07'25401Y.FOR AN ARC LENGTH OF 10.3$FEET:THENCE RUN SOOTTOTW FOR A DISTANCE OF 104 49 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE,THENCE ALONG SAID CURVE TO THE LEFT.HAVING A RADIUS OF 40.00 FEET,THROUGH A CENTRAL ANGLE OF 38'2578'AND BEING SUBTENDED BY A CHORD OF 28.36 FEET AT A BEARING OF 519'13'11E,FOR AN ARC LENGTH OF 26.86 FEET;THENCE RUN S38'2775E FOR A DISTANCE OF len FEET TO THE BEGINNING OF'. TANGENTIAL CIRCULAR CURVE:THENCE ALONG SAID CURVE TO THE RIGHT.HAVING A RADIUS OF 6000 FEET THROUGH A CENTRAL ANGLE OF 39'3654'AND BEING SUBTENDED BY A CHORD OF 4068 FEET AT A BEARING OF Sit-38'5TE FOR AN ARC LENGTH OF 41 43 FEET-THENCE RUN$01'091CNN FOR A DISTANCE OF 32.57 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE'THENCE ALONG SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 41.11 FEET THROUGH A CENTRAL ANGLE OF 46'0713'AND BEING SUBTENDED BY A CHORD OF 33.52 FEET AT A BEARING OF 525'12'13'W FOR AN ARC LENGTH OF 34.53 FEET TO A POINT ON THE SAID NORTH RIGHT-OF-WAY-THENCE ALONG SAID RIGHT-Or-WAY RUN N39.0620W FOR A DISTANCE OF 20.02 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED CONTAINING 19853,15 SOUARE FEET.MORE OR LESS. BEARINGS REFER TO NORTH RIGHT-OF-WAY OF SAID US 41 AS BEING S 59'0521'E HOLE MONTES,INC. CERTIFICATE OF AUTHORIZATION LB Ft 1772 P.S.M.Ft 6278 JOHN J.HILTON STATE OF FLORIDA THIS IS NOT A SURVEY ORMAI itt 950 Encore Way cAmat4G me. 14A4Naples. FL 34110 1 J PROJECT NO, SHEET OF ger Phorso: (239) 254-20001101 SKETCH AND LEGAL DESCRIPTION t6,060 2 3 HOLE MONTES Florida C40111004 of aLt mut SEC-T404-9GE WOO'LOWSAuthorization No.1772 4L441 1 9-50-26 eNouamlanoat r°rte NVQ+,' w raffia Ir"MaIP LINE BEARING DISTANCE 1' L1 N 01'09'33" E 32.57' EXHIBITBIT "A L2 N 38'27'25" W 16.89' L3 , N 00'01'03" E 104.49' P""' I, of 9 L4 N 57'04'35" E 16,30' L5 N 90'00'00" E 41.47' L6 N 82'59'16" E I 59.72' L7 S 21'05'58" E ?1_50' L8 S 59'11'32" W 13.56' L9 S 79'213'09" W 48.47' J O N 10'31'51" W 15.00' L 1 1 N 79'28'09" E 38.92' L12 N 21'05'58" W 46.84' 1.13 S 82'59'16" W 42.86' 1.14 S 57'07'38" W 71.92' 15 S 00'01'03" W 104.49' L16 S 38'27'25" E 16.89' L17 S 01'09'30" W 32.57' L18 N 39'06'20" W 20.02' CURVE RADIUS , DELTA ANGLE CHORD LENGTH CHORD SEARING ARC LENGTH Cl 21.11'46'35'20" 16.69' _ N 24'25'51" E 17.16' C2 40.00' • 39'36"58" 27.11' N 18'38'56" w 27.66' C3 60.00' , 38'28'28" 39.54' N 19'13'11" W 40.29' C4 60.00'14'49'15" 15.48' N 0725'40" E 15.52' C5 84.90' 26' 31T-261' 38.95' + N 01'34'35" E 39.30' C6 80.00' 68'45'43` 90.35' N 22'41'43" E 96.01' C7 25.00' ' 57'42'51" 24,13' N 28'13'09" E 25.'8' CB 3606.71' 0'28'26" 29.83' N 00'24'04" W 29.83' C9 131.65' 29'02'36" 66.02' N 16'52'51" E 66.73' C10 82.00' 63'55'35` 86.82' N 6'21'57" E _ 91.49' C11 485.00' 12'01'34" 101.61' . N 89'18'57" E 101.80' C12 100.00' 33'06'31" 56.98'56.98' S 80'08'34" E 57.79' C13 170.00' 33'25'25" _ 97.77' _ S 80'18'01" E 99.17' C14 185.00' J 33'25'25" 106. 40r N 50'18'01" W 107.92' C15 85.00' 33'06'31° 48.44' N 80'08'34' W 49.12' C16 500.00' _ 12'01'34" 104.75' _ S 89'18'57" W 104.95' C17 67.00' 63'55'35` 70.94' • S 63'21' 576 W , 74.75' C18 116. 651 36'42'39° 73.47' S 13'02'50' W 74.74' C19 23.00' _ 62-26'08" 23,84' S 25'54'34" W 25.06' C20 60.00' 68'49'09" 67.81' S 22'43'04" W 72.07' C21 104.90' 26'31'49" _ 48.14' S 01'34'23" W _ 48.571 C22 40.00' 14'49'15" 10.32' _ S 07'25`40' W 10.35' C23 40.00' 38'28'28" 26.36' S 19'13'11" E 26.86' C24 60,00' 39'36'54" 40.66' S 18'38'57" E 41.48' C25 41.111 48'07'43" 33.52' ' S 25'12'13" w 34,53' THIS IS NOT A SURVEY OWN fit OAR. 950 Enoon Way 140. No FL 34110 7741( 011151 1(t1'' .> a mops: (2339) 254-2000 SKETCH AND LEGAL DESCRIPTION 1 off HOLE MONTES F1orNN C.Afttoale of 74/WI ft° to-50-49 M"1.4" 'Ofte ton 140.1772 r RJq 0,43.1.0011011149.190alir Mg nirrify 11/W101,2.047 FY paw r.0w~ i III41 17 1 EXHIBIT II 0 : 1 3 1 D3 1 tl! !I 1 1 -.50 FEET 1 9 c 1 5 N.,"3 c1 6 I 1 ' 1 C17 I i I 1 I 0 n I 0I: ry 1 iN,C5 110. FLA TRACI A PONER i UGHT1CO. EASEMENT MCI A flo• 9., POC S.W. CORNER TRACT A J` •••. , i 1I Lay GOLF ESTATES CA% •4, ' P8. 8 PC. 20 0e I EASEMENT I 4,\0 –• n 0 ? \ LEGEND IPOCPOINTOFCOMMENCEMENT PCB POINT OF BEGINNING f4. 0tr o I 7e, v 1 POB 0.. 1 THIS IS NOT A SURVEY 3Aurw6re*050 Encore Way MAC Kt J-114 No plas, FL 34110 V M4148 X / 04: 1AII9 INN' Phones (23g) 254-2000 SKETCH AND LEGAL DESCRIPTION 3 14.040 HOLE MONTES Florida Cortlfloolo of SIC-Me-ROE; itu.eos ft....66 9.4.riti Aulllorftelloo 14•.1772 Flit 104E gl.awn IT EXHIBIT_LL. e t]j t'.ilGl!'F70140tl',912T.7E$']S 3716:®1r4.1 11/1/7177 I(01.40 MI Aral w..aMQm LEGAL DESCRIPTION Of A PARCEL OF LAND LOCATED IN SECTION 19 TOWNSHIP 50 SOUTH.FLANGE 25 EAST COLLIER COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHMEST CORNER OF TRACT A LELY GOLF ESTATES,AS RECORDED IN PLAT BOOK 8 PAGE X OF THE PUBLIC RECORDS OF COLLIER COUNTY. 1 LORIDA ALSO BEING A POINT ON THE NORTH RIGHT-OF•NIAY OF US 41(TAMLAMI TRAIL1,THENCE ALONG SAID RIGHT-Cf•NAY RUNS 39'0620'E FOR A DISTANCE OF 486.53 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN THENCE LEAVING SAID RIGHT-OF-WAY RUN N50'S907•E FOR A DISTANCE OF 1.04 FEET TO THE BEGINNING OF A M)N-TANGENTIAL CIRCULAR CURVE;THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 13.76 FEET THROUGH A CENTRAL ANGLE OF I1'3713'AND BEING SUBTENDED BY A CHORD OF 2.777 FEET AT A BEARING OF N35'5734E FOR AN ARC LENGTH OF 2,77 FEET TO A POINT OF COMPOUND CURVATURE.THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 1350 FEET,THROUGH A CENTRAL ANGLE OF 28153'51'AND BEING SUBTENDED BY A CHORD OF 6.74 FEET AT A BEARING OF N15'36'29'E,FOR AN ARC LENGTH OF 6.81 FEET THENCE RUN N01.09331 FOR A DISTANCE OF 33 81 FEET TO THE BEGINNING Of A NON-TANGENTIAL CIRCULAR CURVE.THENCE ALONG SAID CURVE TO THE LEFT,HAVING A RADIUS OF 32,71 FEET.ATA BEARING Of S891001rW THROUGH A CENTRAL ANGLE OF 34'1729'AND BEING SUBTENDED BY A CHORD OF 19 24 FEET ATA BEARING OF N1F0556'LN,FOR AN ARC LENGTH OF 19.53 FEET.THENCE RUN N3827251N FOR A DISTANCE OF 25,65 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE,THENCE ALONG SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 67.50 FEET,THROUGH A CENTRAL ANGLE OF 26`4020'AND BEING SUBTENDED RYA CHORD OF 31.14 FEET AT A BEARING OF N19.14C151W FOR AN ARC LENGTH OF 31.42 FEET THENCE RUN N00'01'03E FOR A DISTANCE OF 113 15 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE THENCE ALONG SAID CURVE TO THE RIGHT.HAVING A RADIUS OF 78.51 FEET THROUGH A CENTRAL ANGLE OF 0016'08'AND BEING SUBTENDED BY A CHORD OF 083 FEET ATA BEARING Of NOT 3448'W FOR AN ARC LENGTH OF 0.83 FEET THENCE RUN NOT 1F2CE FORA DISTANCE OF 17 14 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE THENCE ALONG SATO CURVE TO THE LEFT HAVING A RADIUS OF 77.40 FEET,THROUGH A CENTRAL ANGLE OF 17.0T14• AND BEING SUBTENDED BY A CHORD OF 23.04 FEET AT A BEARING OF NO4'41'461.FOR AN ARC LENGTH OF 2313 FEET TOA POINT OF REVERSE CURVATURE,THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 268.03 FEET.THROUGH A CENTRAL ANGLE OF 06'3157 AND BEING SUBTENDED BY A CHORD OF 30.54 FEET ATA BEARING OF NOC'3557W FOR AN ARC LENGTH OF 30 56 FEET TO A POINT OF COMPOUND CURVATURE:THENCE ALONG SAID CURVE TO THE RIGHT.HAVING A RADIUS OF 217,68 FEET. THROUGH A CENTRAL ANGLE OF 04'4753'AND BEING SUBTENDED BY A CHORD OF 18.22 FEET AT A BEARING OF N05.0403E FOR AN ARC LENGTH OF 18.23 FEET TOA POINT OF COMPOUND CURVATURE.THENCE ALONG SAID CURVE TO THE RIGHT.HAVNGA RADIUS OF 69 37 FEET THROUGH A CENTRAL ANGLE OF 21'457557ANND BEING SUBTENDED BY A CHORD OF 26.09 FEET ATA BEARING OF N1E1827E FOR AN ARC LENGTH OF 26.25 FEET TO A POINT OF COMPOUND CURVATURE.THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 114.81 FEET THROUGH A CENTRAL ANGLE OF 07'01'45•AND BEING SUBTENDED BY A CHORD OF 14.08 FEET AT A BEARING Of N3123'4P'E.FOR AN ARC LENGTH OF 14.09 FEET TO A POINT OF COMPOUND CURVATURE.THENCE ALONG SAID CURVE TO THE RIGHT HIVING A RADIUS OF 60'X1 FEET THROUGH A CENTRAL ANGLE OF 70'1777M°BEING SUBTENDED BY A CHORD OF 21 40 FEET AT A BEARING OF N491829-6,FOR AN ARC LENGTH OF 21 52 FEET THENCE RUN N57'16'41 E FOR A DISTANCE OF 22.75 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE.THENCE ALONG SAID CURVE TO THE LEFT,HAVING A RADIUS Of 17 12 FEET THROUGH A CENTRAL ANGLE OF 34'4431°AND BEING SUBTENDED BY A CHORD OF 10.22 FEET AT A BEARING OF N327842-E.FOR AN ARC LENGTH OF 10.35 FEET TO A POINT OF COMPOUND CURVATURE THENCE ALONG SAID CURVE TO THE LEFT.HAVING A RADIUS OF 40.13 FEET.THROUGH A CENTRAL ANGLE OF 15'^918'AND BEING SUBTENDED BY A CHORD OF IC 70 FEET AT A BEARING OF NO2.5541g FOR AN ARC LENGTH OF 10 74 FEET TO A POINT OF REVERSE CURVATURE THENCE ALONG SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 3614,21 FEET.THROUGH A CENTRAL ANGLE OF 00'2529'AND BEING SUBTENDED BY A CHORD OF 27 83 FEET AT A BEARING OF N00'1844V FOR AN ARC LENGTH OF 27.83 FEET THENCE RUN N90'00an FOR A DISTANCE OF 60 13 FEET THENCE RUN SOC•OOOC'E FOR A DISTANCE OF 46 09 FEET THENCE RUN S57'0T"35!'W FOR A DISTANCE OF 55.63 FEET.THENCE RUN 557.13'18'W FOR A DISTANCE OF 21.25 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE THENCE ALONG SAID CURVE TO THE LEFT. HAVING A RADIUS OF 25.85 FEET,THROUGH A CENTRAL ANGLE OF 18'38'25'AND BEING SUBTENDED BY A CHORD OF 8 36 FEET ATA BEARING OF S5112647W.FCR AN ARC LENGTH OF 8.39 FEET TO A POINT OF COMPOUND CURVATURE THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 79 81 FEET,THROUGH A CENTRAL ANGLE OF 06'1749`AND BEING SUBTENDED BY A CHORD OF 8.65 FEET AT A BEARING OF 530'41'14V FOR AN ARC LENGTH OF 8 55 FEET TO A POINT OF COMPOUND CURVATURE THENCE ALONG SAIL)CURVE TO THE LEFT,H AVNG A RADIUS OF 34.37 FEET.THROUGH A CENTRAL ANGLE OF 22'152"AND BEING SUBTENDED BY A CHORD Of 13.28 FEET AT A BEARING OF S1B'38'101N FOR AN ARC LENGTH OF 13.36 FEET TO A POINT Of COMPOUND CURVATURE THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 182.68 FEET THROUGH A CENTRAL ANGLE OF 04'47'53•AND BEING SUBTENDED BY A CHORD OF 1529 FEET AT A BEARING OF 04TU W,FOR AN ARC LENGTH OF 15.30 FEET TO A POINT OF COMPOUND CURVATURE.THENCE ALONG SAID CURVE TO THE LEFT.HAT NG A RADIUS OF 233.03 FEET THROUGH A CENTRAL ANGLE OF D5'31'57 AND BEING SUBTENDED BY A CHORD Of 26.55 FEET AT A BEARING OF S00'3552'E,FOR AN ARC LENGTH OF 26.57 FEET TO A POINT Of REVERSE CURVATURETHENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 112.40 FEET.THROUGH A CENTRAL ANGLE Of 16.21075'AND BEING SUBTENDED BY A CHORD OF 2216 FEET ATA BEARING OF SO471`421Y FOR AN ARC LENGTH OF 32.27 FEET THENCE RUN S0911930144 FOR A DISTANCE OF 13.15 FEET THENCE RUN S00'01'037W FOR A DISTANCE OF 109,05 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE.THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 32 50 FEET THROUGH A CENTRAL ANGLE OF 21•2717 AND BEING SUBTENDED BY A CHORD OF 12.10 FEET AT A BEARING OF S19'14291 FOR AN ARC LENGTH OF 12 17 FEET THENCE RUN S38'27251 FOR A DISTANCE OF 24.37 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE.`THENCE ALONG SAID CURVE TO THE RIGHT.HAVING A RADIUS OF 57.57 FEET.THROUGH A CENTRAL ANGLE OF 36.23'58" AND BEING SUBTENDED BY A CHORD OF 42,21 FEET AT A BEARING OF SIrot'S0'E FOR AN ARC LENGTH OF 42.93 FEET.THENCE RUN S01'OO'331N FOR A DISTANCE OF 33.81 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE,THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 48,50 FEET.THROUGH A CENTRAL ANGLE OF 52+'5832" AND BEING SUBTENDED BY A CHORD OF 32.36 FEET AT A BEARING OF S2C13852 W FOR AN ARC LENGTH OF 32.99 FEET IDA PON4T Of COMPOUND CURVATURE.THENCE ALONG SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 23 19 FEET THROUGH A CENTRAL ANGLE OF 08'1 VDE AND BEING SUBTENDED BY A CHORD OF 3 31 FEET ATA BEARING OF S41'58'39'W.FOR AN ARC LENGTH OF 3.31 FEET TO A PONT OF COMPOUND CURVATURE THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 36.42 FEET THROUGH A CENTRAL ANGLE OF 0724113'AND BEING SUBTENDED BY A CHORD OF 470 FEET AT A BEARING Of S4617121N FOR AN ARC LENGTH OF 4.70 FEET TO A POINT ON SAID RIGHT-0F-WAY THENCE ALONG SAID RIGHT-OF-WAY RUN N39'0620'W FOR A DISTANCE OF 35 18 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED CONTAI'YNG 1182134 58 SQUARE FEET MORE OR LESS BEARINGS REFER TO NORTH RIGHT-OF-WAY OF SAID US 41 AS BEINGS 38'062C"E HOLE MONTES,INC. CERTIFICATE OF AUTHORIZATION LB 1 1772 BY P.S.M.18278 JOHN J.HILTON STATE OF FLORIDA THIS IS NOT A SURVEY Low 81. 'WATT 950 ENoors Way No, H-14b JJH X9,/. 19 Naples, FL, 34110 f SETT 11 Phone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION 15.060 2 3 HIC7LE MONTES Florida Certificate of SEC-11004-ACE x,yltx> r3.7 Authorization No.1772 Cpm(S4T,a.q 19-50-26 t.‘,.70KWISOSIttiagn04:41.COW Wein WW2Oil.14.047 P., EXHIBM A '' LINE BEARING DISTANCE L1 N 50'59'07" E 1.04' L2 N 01'09'33 E 33.81' L3 N 38'27'25 W 25.69' L4 N 00'01'03 E 113.16' L5 N 09'19'30 E 17.14' L6 N 5716'41" E 22.75' L7 N 90'00'00 E 60.13' L8 S 00'00'00 E 46.09' L9 S 5707'38 W 58.63' L10 S 57'13'18 W 21.25' L11 S 09'19'30 W 13.15' L12 S 00'01'03 W 109.05' L13 S 38'27'25 E 24.37' L14 S 01'09'33 W 33.81' L15 N 39'06'20 W 35.18' ' CURVE RADIUS DELTA ANGLE CHORD LENGTH CHORD BEARING ARC LENGTH Cl 13.76'11'32'13" 2.77 N 35'52'39 E 2.77' C2 13,50'28'53'51 ,, 5.74' N 15'36'29 E 6.81' C3 32.71 34'12'29 i 19.24 N 18'05'56- W 19.53' C4 67,50 25'40'20 31.14' N 19'14'05" W 31.42' C5 78.51 ' 0'36'08" 0.83' N 00'34'48 W 0.83' C6 77.40'17'07'14 23.04.N 0441'46 E 23.13' C7 268.03' .__ 6'31'57" 30.54' N 00'35'52 W 30.56' C8 217.68' 447'53" 18.22' N 05'04'03 E I 18.23' C9 69.37' 21'40'55" . 26.09' N 18'18'27" E 1 26.25' C10 114.81 70145" .., 14,08 N 31'2348" E 14.09' C11 60.02' 20'32'29 21,40' N 4938'29" E 21.52' C12 17.12'34'44'31 10,22' N 32'28'42" E 10.38' 013 40.13' 15'1938 10,70 N 025641 E 10,74' C14 3614.21' 0'2628" . 27.83 N 001944" W 27.83' C15 25.05'18'36'25 5.36' S 51'26'42 W 8.39' C16 79.81'6'12'48" 8.65 S 30'41'14' W I 8.65' Cl 7 34.37' 22'16'21" 13.28' 5 18'36'10 W 13.36' C18 182.6e- 4'47'53 15.29' S 05'04'03" W 15.30' C19 233.03' 6'31'57" 26.55' S D0'35'52 E . 26.57' C20 112.40' 16'27'05 32.16 _ S 04'21'42 W 32.27' C21 32.50' 21'27'27 12.10' S 19'14'29 E 12.17' C22 67.57 - 35.2358" 42,21 S 1801'50 E 42.93' C23 48.50' 38'58'38 32.36' S 20'38'52 W 32.99' C24 23.19'8'11'0B" 3.31' S 41'58'39" W 3.31' C25 36.42'7'24'03 4,70' S 46'37'12 w 4.70' THIS IS NOT A SURVEY mod ft rot-950 E now.. Way 019991C lit J.IN W9 , iewl NaFLples, . 34110 p44- 140 WO I Or Z1 Phan= (239) 254-21500 SKETCH AND LEGAL DESCRIPTION le.000 3 5 HOLE MONTES Florida Corl1floolo of RI PAC SEC-41+-W: eanaV3 MAWR,aPhrte4 Authorisation No.1772 2,COW Mirk, 1 9-50-24 PROJECT:IQ Water POD&Easement Project INSTR 5564588 OR 5516 PG 1743 PARCEL: Hibiscus Golf Club RECORDED 6/1/2018 12:55 PM PAGES 5 FOLIO: 55150040004&55150480004 DWIGHT E.BROCK,CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC@.70$0.70 REC$44.00 ACCESS EASEMENT THIS EASEMENT, made and entered into this LI day of A pr I L. , 2018, by NASSIF GOLF VENTURES, L.L.G., a Florida limited liability company, d/b/a Hibiscus Golf Club, whose mailing address is 225 Banyan Boulevard, Suite 240, Naples, FL 34102, as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, 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 access 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, for the purpose of constructing, operating, and maintaining utility facilities adjacent thereto. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: NASSIF GOLF VENTURES, L.L,C, Witness#1 (Signature)a Florid limited liability company, d/b/a Hi•N us Gt31f flub 43 .- 42 ( // Witness#1 (Print Na -) AA 114,0pt111l!V By: A Witness# IP re) D-vid r . Na sif, as Manager L-Cu-R iST i k(4-0 n 4)('- 4C) Witness#2(Print Name) S STATE OF FLORIDA COUNTY OF CC711,'e The foregoing Access Easement was acknowledged before me this 4 day ofAr` I 2018 by David W. Nassif, as Manager, on behalf of Nassif Golf Ventures, L.L.C., a Florida limited liability company, d/b/a Hibiscus Golf Club, whe-is-pefse -ka to who has produced tbr-Ner• Lr c to 5 ', t as identification. WITNESS my hand and official seal this if day of Alpri 1 2018. affix notarial seat 4 , ', Sig fur ..f*otaf. P >hlrcc GREGORY A.SMROCK Print tsiimoof Notary Public)Notary Public,State of Florida NOTARY PUBLICCommission#GG 126663 My comm.expires Sept.6,2021 Serial/Commission#:(if any) G( I:2—W z My Commission Expires: „ccp . 8, ''O[ Approved as to form and legality: Jennr A. 8elpedio, ssistant County Attorney 4 ;Y?#1IFEYANCE ACCE471)E. of couarY ccMss aSUANrCDUNTY, FLORIDA, DA r-lp: t0 AGENDA, O NO- ....,Ct .l 2-0)0 — 01 etVCrtiVINWICIWIDOW May 441101,11 WOW RI rsww Vs rr+wn Poi EXHIBr r' 3 p.,m ,_ 1.,. -.Of ----r 1 0 50 100 1'4.100 FEET TINCT t 4al ti A %L A k swru row A Mt CC UMW Nan 413. \ lir` n WPC A t NUJ Ir 4 i LEGEND POC POINT OF COMMENCEMENT POB POW or BEcoRiNG THIS IS NOT A SURVEY Dom iMs i dot. *6S0 Encore Woy 1 NO. 9. ft. 34110 Fli1044:Phonoss <230 264-2D00 HOLE' Florid. C.rtttsoal. of fat NIAll SKETCH AND LEGAL DESCRIPTION MsNC o-26 _ 0004" A`"" 0f AuO+orhtdtan No.1772 24'NA. EJ(H 1 RT._1 1rUm4UAorNcoAstroovir r W'rrou'orr l'4r MOW M'ANrwm z" ' LEGAL DESCRIPTION OF A PARCEL OF LAND LOCATED IN SECTION 19 TCW7JSHIP 50 SOUTH RANGE 26 EAST COLLIER COUNTY FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWEST CORNER OF TRACT A LELY GOLF ESTATES.AS RECORDED N FLAT 8004(8.PAGE 20 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA ALSO BEING A POINT ON THE NORTH RIGHT-OF•WAY OF US 41(TAMLAMI TRAIL).THENCE ALONG SAID RIGHT-OF-WAY RUN S 39'0820'E FOR A DISTANCE OF 494.19 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN.ALSO BEING THE BEGINNING Of A NON-TANGENTIAL CIRCULAR CURVE.THENCE ALONG SAID CURVE TO THE LEFT.HAVING A RADIUS OF 21 11 FEET THROUGH A CENTRAL ANGLE OF 46`3520'AND BEING SUBTENDED BY A CHORD OF 16.83 FEET AT A BEARING OF N24'25'S1'E,FOR AN ARC LENGTH OF 17,16 FEET;THENCE RUN NC1'0933'E FOR A DISTANCE OF 32.57 FEET TO THE BEGINNING Of A TANGENTIAL CIRCULAR CURVE;THENCE ALONG SAID CURVE TO THE LEFT,HAVING A RADIUS OF 40.00 FEET,THROUGH A CENTRAL ANGLE OF 39'3858'AND BEING SUBTENDED BY A CHORD OF 27.11 FEET AT A BEARING OF N181856'W FOR AN ARC LENGTH OF 27 66 FEET,THENCE RUN N38'27Z5'W FOR A DISTANCE OF 16.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE:THENCE ALONG SAID CURVE TC THE RIGHT.HAVING A RADIUS OF 60.00 FEET.THROUGH A CENTRAL ANGLE OF 33'2878'AND BEING SUBTENDED BY A CHORD OF 39.54 FEET AT A BEARING OF N19`1311'V/ FOR AN ARC LENGTH Cr 40 29 FEET:THENCE RUN NO0'0103'E FOR A DISTANCE OF 104 49 FEET TO THE BEGINNING OF A TANGENTIAL CIRCILAR CURVE:THENCE ALONG SAID CURVE TO THE RIGHT.HAVING A RADIUS OF 60.00 FEEET THROUGH A CENTRAL ANGLE OF 14'49'15'AND BEING SUBTENDED BY A CHORD OF 15.48 FEET AT A BEARING OF N07'25'40'E FOR AN ARC LENGTH OF 15:52 FEET TDA POINT OF REVERSE CURVATURE:THENCE ALONG SAID CURVE TO THE LEFT.HAVING A RADIUS OF 8490 FEET.THROUGH A CENTRAL ANGLE OF 2613126 AND BEING SUBTENDED BY A CHORD OF 36.95 FEET AT A BEARING OF N01'34'35'E FOR AN ARC LENGTH OF 39.30 FEET TO A POINT OF REVERSE CURVATURE:THENCE ALONG SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 50.00 FEET. THROUGH A CENTRAL ANGLE OF 681843'AND BEING SUBTENDED BY A CHORD OF 90.35 FEET AT A BEARING OF N22'41'43'E.FOR AN ARC LENGTH OF 96.01 FEET;THENCE RUN N57.0415-E FOR A DISTANCE OF 16.30 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE;THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 57'475"AND BEING SUBTENDED BY A CHORD OF 24,13 FEET AT A BEARING OF N28113'09'E.FOR AN ARC LENGTH OF 25.18 FEET TO A POINT OF REVERSE CURVATURE:THENCE ALONG SAID CURVE TO THE RIGHT.HAVING A RADIUS OF 3606.71 FEET THROUGH A CENTRAL ANGLE OF 0078'26'AND BEING SUBTENDED BY A CHORD OF 29.83 FEET AT A BEARING OF N30'2404'W.FOR AN ARC LENGTH OF 29.83 FEET:THENCE RUN N90'017C0'E FOR A DISTANCE OF 4'.47 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE'THENCE ALONG SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 131.65 FEET.THROUGH A CENTRAL ANGLE OF 29'0736'AND BEING SUBTENDED BY A CHORD OF 66.32 FEET AT A BEARING OF N18'52'511.FOR AN ARC LENGTH OF 68.73 FEET TO A POINT OF COMPOUND CURVATURE THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 52.00 FEET.THROUGH A CENTRAL ANGLE OF 63'5535'AND BEING SUBTENDED BY A CHORD OF 86.82 FEE T AT A BEARING OF N83'21'57'E.FOR AN ARC LENGTH OF 91.49 FEET TO A POINT OF REVERSE CURVATURE:THENCE ALONG SAID CURVE TO THE LEFT.HAVING A RADIUS OF 485 CO FEET.THROUGH A CENTRAL ANGLE OF 12'0'14'AND BEING SUBTENDED BY A CHORD OF 10161 FEET AT A BEARING OF N69`18577.FOR AN ARC LENGTH Of 171.90 FEE'TC A POINT OF REVERSE CURVATURE;THENCE ALONG SAID CURVE TO THE RIGHT.HAVING A RADIUS OF 100.00 FEET,THROUGH A CENTRAL ANGLE OF 33'06'31'AND BEING SUBTENDED BY A CHORD OF 56.98 FEET AT A BEARING OF S80'08'34'E FOR AN ARC LENGTH OF 57.79 FEET TOA POINT Of REVERSE CURVATURE:THENCE ALONG SAID CURVE TO THE LEFT.HAVING A RADIUS OF 170,00 FEET THROUGH A CENTRAL ANGLE OF 33'25'25'AND BEING SUBTENDED BY A CHORD OF 97,77 FEET AT A BEARING OF S80'18011.FOR AN ARC LENGTH OF 99.17 FEET:THENCE RUN N82'59.161 FORA DISTANCE OF 59.72 FEET;THENCE RUN 521'05'5TE FOR A DISTANCE OF 71.50 FEET' THENCE RUN 559'1112'W FOR A DISTANCE OF 13,56 FEET;THENCE RUN S79128'09'W FOR A DISTANCE OF 48.47 FEET;THENCE RJN N1011511N FOR A DISTANCE OF'5.00 FEET THENCE RUN N79'28'09"E FOR A DISTANCE OF 38.92 FEET;THENCE RUN N2115'581N FOR A DISTANCE OF 46.84 FEET;THENCE RUN S82'59'16"W FOR A DISTANCE OF 42.86 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE;THENCE ALONG SAID CURVE TO THE RIGHT.HAVING A RADIUS OF 185.00 FEET,THROUGH A CENTRAL ANGLE OF 33'25'25'AND BEING SUBTENDED BY A CHORD OF 106 40 FEET AT A BEARING OF N80°18'01'.FOR AN ARC LENGTH OF 107.92 FEET TOA POINT OF REVERSE CURVATURE:THENCE ALONG SAID CURVE TO THE LEFT,HATING A RADIOS OF 85.00 FEET THROUGH A CENTRAL ANGLE OF 33'06'31'AND BEING SUBTENDED BY A CHORD OF 48.44 FEET AT A BEARING OF 930'08'341N,FOR AN ARC LENGTH OF 49 12 FEET TO A POINT OF REVERSE CURVATURE:THENCE ALONG SAID CURVE'0 THE RIGHT,HAVING A RADIUS OF 500.00 FEET,THROUGH A CENTRAL ANGLE OF 12'01'34'AND BEING SUBTENDED BY A CHORD Of 104 75 FEET AT A BEARING OF S89'18'57'A.FOR AN ARC LENGTH OF 104.95 FEET TOA POINT OF REVERSE CURVATURE:THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 6700 FEET THROUGH A CENTRAL ANGLE OF 63'55'35'AND BEING SUBTENDED BY A CHORD OF 70.94 FEE TATA BEARING OF S63-2157^N.FOR AN ARC LENGTH OF 74 75 FEET TO A PONT OF COMPOUND CURVATURE. THENCE ALONG SAID CURVE TO THE LEFT.HAVING A RADIUS OF'16.65 FEET.THROUGH A CENTRAL ANGLE OF 3614219'AND BEING SUBTENDED BY A CHORD OF 73 47 FEET AT A BEARING OF 513'07501N,FOR AN ARC LENGTH OF 74.74 FEET TO A POINT OF REVERSE CURVATURE:THENCE ALONG SAID CURVE TO THE RIGHT.HAVING A RADIUS OF 23.00 FEET,THROUGH A CENTRAL ANGLE CF 62°26'08'AND BEING SUBTENDED BY A CHORD OF 23.84 FEET AT A BEARING OF 525'54'34'16 FOR AN ARC LENGTH OF 25.06 FEET;THENCE RUN S57`07'38'0W FOR A DISTANCE OF 71.92 FEE!TO THE BEGINNING Of A TANGENTIAL CIRCULAR CURVE:THENCE ALONG SAID CURVE TO THE LEFT.HAVING A RADIUS OF 60.00 FEET,THROUGH A CENTRAL ANGLE OF 681909-AND BEING SUBTENDED BY A CHORD OF 67.81 FEET AT A BEARING OF S22'4304 W,FOR AN ARC LENGTH OF 72.07 FEET TO A POINT OF REVERSE CURVATURE'THENCE ALONG SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 104.90 FEET,THROUGH A CENTRAL ANGLE OF 26'3149'AND BEING SUBTENDED BY A CHORD OF 48.14 FEET AT A BEARING OF S01'34'231V.FOR AN ARC LENGTH OF 48-57 FEET TCA POINT OF REVERSE CURVATURE: THENCE ALONG SAO CURVE TO THE LEFT,HAVING A RADIUS OF 40 00 FEET THROUGH A CENTRAL ANGLE OF 14'49'15'AND BEING SUBTENDED BY A CHORD OF 10.32 FEET AT A BEARING OF SO7'25.49 W,FOR AN ARC LENGTH OF 40,35 FEET:THENCE RUN 500'01'03'W FOR A DISTANCE OF 104 49 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE,THENCE ALONG SAID CURVE TO THE LEFT,HAVING A RADIUS OF 40.00 FEET,THROUGH A CENTRAL ANGLE OF 38'28'26 AND BEING SUBTENDED BY A CHORD OF 26.36 FEET AT A BEARING OF 519'13'11'E.FOR AN ARC LENGTH CF 26.86 FEET'THENCE RUN 53827751 FOR A DISTANCE OF 16.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE;THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 80,00 FEET,THROUGH A CENTRAL ANGLE OF 39136'54'AND BEING SUBTENDED BY A CHORD OF 40,66 FEET AT A BEARING OF S18'3857'E FOR AN ARC LENGTH OF 41.48 FEET'THENCE RUN S01'0910'W FOR A DISTANCE OF 32.57 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE:THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 41.11 FEET THROUGH A CENTRAL ANGLE OF 48'0T43'AND BEING SUBTENDED BY A CHORD OF 33.52 FEET AT A BEARING OF 52512131N.FOR AN ARC LENGTH OF 34,53 FEET TO A POINT ON THE SAID NORTH RIGHT-OF-WAY THENCE ALONG SAID RIGHT-OF-WAY RUN N39'3620'A FOR A DISTANCE OF 20.02 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED CONTAINING 19853,15 SQUARE FEET MORE OR LESS. BEARINGS REFER TO NORTH RIGHT-OF-WAY OF SAID US 41 AS BEING S 39'0670'E HOLE MONTES.INC. CERTIFICATE OF AUTHORIZATION LB# 1772 BY P.S.M.#6278 JOHN J HILTON STATE OF FLORIDA THIS IS NOT A SURVEY DRAMA BY: PTE 950 Encore Way DRAWING NO. JJH 9/1 9 NopI.., FL 34110 H-451 Sk T 2 1 3 Phone; (239) 254-2000 SKETCH AND LEGAL DESCRIPTION PROJECT6.060 HOLE MONTES Florida C.rtHlcaf. of nLI wetSEC-raw- 9-50- PI F>+r4as"N`'F` Author12ot1on No.1772 esUouVw/ao 170.*Lao yH/1/Air cost M Maw ar,ammo. LINE BEARING -DISTANCE 1 L1 N 01'09'33" E 32.57'EXHIBIT' ` I'i L2 N 38'27125" W 16.89'1,-mo I of 3 , L3 N 00'01'03" E 104.49' 1 L4 N 57'04'35" E 16,30' L5 N 90'00'00" E 41.47' L6 N 82'59'16" E 59.72' L7 S 21'05'58" E71.50' L8 S 59'11'32" W , 13.56' L9 S 79'28'09" W 48.47' 1.10 N 10'31'51` W 15.00' L11 N 79'28'09" E 38.92' L12 N 21'05'58" W 46.84' L13 S 824' 59'16" W 42.86' L14 S 57'07'38" W 71.92' L15 S 00'01'03" W 104.49' L16 S 38'27'25" E 16.89' L17 S 01'09'30" W ' 32.57' L18 1 N 39'06'20" W 20.02' CURVE ' RADIUS DELTA ANGLE CHORD LENGTH CHORD BEARING ARC LENGTH C1 21.1 1' 46'35'20" 16.69' N 24'25'51" E 17.16' C2 40.00' 39'36`58" 27.11' N 18'38'56" W 27.66' C3 60.00' 38'28'28" _ 39.54` N 19'13'11" W 40.29' C4 60.00'14'49'15" 15.48' N 07'25'40" E 15.52' C5 84.90' 26'31'26" 38,95' N fl 1'34'35" E 39.30' C6 80.00'68'45'43" 90.35' N 22'41'43'`-E 96.01' C7 25.00' 57'42151" 24.13' - N 28'13'09" E 25.18' C8 3606.71' 0'28'26" 29.83' N 00'24'04" W 29.83' C9 131.65' - 29'02'36" 66.02' N 16'52'51" E , 66.73' C10 82.00' 63'55'35" 86.82' N 63'21'57" E 91.49' C11 485.00' 12'01'34" _ 101.61' N 89'18'57" E 101.80' C12 100.00' 33'06'31' 56.98' S 80'08'34" E 57,79' C13 170.00' 33'25125" _ 97.77' S 80'18'01" E t 99.17' C14 ' 185.00' 33'25'25" 106.40' - N 80'18'01" W 107.92' C15 85.00' 33'06'31" 48.44' N 80'08'34" W , 49.12' C16 500.00' 12'01'34" 104.75' S 89'18'57" W 104.95' C17 67.00'63'55'35" 70.94' _ S 63'21'57" W 74.75' C18 116.65' - 36'42'39" 73.47' S 13'02'50" W 74.74' C19 23.00' 62'26'08" 23.84' S 25'54'34" W 25.06' C20 60.00'68'49'09" 67,81' S 22'43'04" W 72.07' C21 104.90' 26'31' 494- 4 48.14' - S 01.34'23" W 48.57' C22 40.00'14'49'15" 10.32' S 07'25'40" W 10.35' C23 40.00' 38'28'28" 26.36' S 19'13'11" E , 26.86' C24 60.00' 39"36'54" 40.66' , S 18'38'57" E , 41.48' C25 41.11' 48'07143" 33.52' S 25'12'13" W 34.53' THIS IS NOT A SURVEY NumI P -74.11' 050 f now* Way Doom. T , -.JJsi t It Noplos, f1.. 34110 zi c ax sts IIIMI !hone: (239) 234-2000 SKETCH AND LEGAL DESCRIPTION tie 040 L- - HOLE MONTES t IorWa C ltittaoio of it( it-50-211 4110.wnu savlwo AYihod a$Ton No.1772 to Kdsf PROJECT:10 Water POD&Easement Project PARCEL:Hcs Golf Club INSTR 5564589 OR 5516 PG 1748FOLIO: 55150040004&55150480004 RECORDED 6/1/2018 12:55 PM PAGES 5 DWIGHT E.BROCK,CLERK OF THE CIRCUIT COURTCOLLIERCOUNTYFLORIDA DOC@.70$0.70 REC$44.00 UTILITY EASEMENT THIS EASEMENT, made and entered into this Cr' day of Apr r L_ 2018, by NASSIF GOLF VENTURES, L.L.C., a Florida limited liability company, d/b/a Hibiscus Golf Club, whose mailing address is 225 Banyan Boulevard, Suite 240, Naples, FL 34102, as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, 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, IQ water irrigation lines and pipes, service, and other equipment or improvements appurtenant thereto or thereunder, for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. M 44° a IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: f_'' e„, _" NASSIF GOLF VENTURES, L.L.C, Witness#1 (Signature a Florida limited liability company, ji, G / d/b/a Hibiscus Golf Club Witness#1 (P t Name) By:a-Ck.ki Witness (Signature) Daviassif, as anager Witness#2(Print Name) STATE OF FLORIDA COUNTY OF C.0,1!tir r- A The foregoing Utility Easement was acknowledged before me this ' day of Api'F I 2018 by David W. Nassif, as Manager, on behalf of Nassif Golf Ventures, L.L.C., a Florida limited liability company, d/b/a Hibiscus Golf Club, whe-ie who has produced lbrrvrrS Lr'ceis P as identification. WITNESS my hand and official seal this y- day of Apr/ I 2018. 41 affix notarial seal) j. te)agL 2/Cel Si ature o-Nat7 ry ubli f I, t o GREGORY A.smock re r- 7. 1 1-0 C^ A 1 Notary Public,State of Florida (Print Ne df Notary Public) Nii::Commission#GG 126663 NOTARY PUBLIChcomm.expires Sept.8,2021 Serial/Commission #:(if any) 66/;26-6-4 ;` My Commission Expires: Sep/. R> C20 1 Approved as to form and legality: Jenn A. Belpedio, Atant County Attorney Gb rMIs C"VIrYANCE AMMO iv MEBO COLLIER p f " .y s5>ra AS. PURSUANT Tt1 IT1'' frLONIOA, TED; 0 A EI Ae ITEM NO. . A/G..,A Q...00 aO» iy' x tt\20%.Mt6060\S'CTO SWIJI 9/28/JO17 11raw 41 Rolled q:MIAMI*. N EXHIBIT „` Ati . A-„, I_ ,_3___ 1 o 50 100 11 I 0 .,,,,. ci, c, 1'-400 FEET xetl I6 ' TRACT E tio u us Ls 8 w L1v Yl' 8 10 TRACT A S Y EST S A r• TRACT A PI 8 PG.20 S 4 E. tt0' w QP* Sr Y Gad ° ie s \ <., G Q J POB U nb LEGEND POC POINT OF COMMENCEMENT POB POINT OF BEGINNING THIS IS NOT A SURVEY DRAM BY; OATE: 950 Enoon Way OPAYINGN. 53 O. J.1149 1914Naples, FL. 34110 SHEET 1 of SHEET310111phon.: (239) 254-2000 SKETCH ANO LEGAL DESCRIPTION PROJECT so 1 3 HOLE MONTES Florida Certificate of FILE NAVE SEC-14-PGE: EnGt:EtRs vw.reas SIRVEYORz Authorization No.1772 19- 0-26 EXHtB4T . , A itA2016A201606015xc'itxsl alFv 9C28/20"7 11:29A2 AU natty e7 ,kYwaa. Z 't LEGAL DESCRIPTION OF A PARCEL OF LAND LOCATED IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF TRACT A, LELY GOLF ESTATES, AS RECORDED IN PLAT BOOK 8, PACE 20 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE NORTH RIGHT-OF-WAY OF US 41 (TAMIAMI TRAIL). THENCE ALONG SAID RIGHT-OF-WAY RUN S 39'06'20" E FOR A DISTANCE OF 494.19 FEET TO THE POINT,QF BEGINNING OF THE PARCEL DESCRIBED HEREIN, ALSO BEING THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 21.11 FEET, THROUGH A CENTRAL ANGLE OF 46'35'11' AND BENG SUBTENDED BY A CHORD OF 16.69 FEET AT A BEARING OF N24'25'56'E, FOR AN ARC LENGTH OF 17.16 FEET; THENCE RUN NO1'O9'33'E FOR A DISTANCE OF 32.58 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 39'36'58" AND BEING SUBTENDED BY A CHORD OF 27.11 FEET AT A BEARING OF N18'38'56'W, FOR AN ARC LENGTH OF 27.66 FEET; THENCE RUN N38'27'25)4 FOR A DISTANCE OF 16.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 60.00 FEET, THROUGH A CENTRAL ANGLE OF 38'28'28' AND BEING SUBTENDED BY A CHORD OF 39.54 FEET AT A BEARING OF N19'13'11"4, FOR AN ARC LENGTH OF 40.29 FEET; THENCE RUN NOO'01'03'E FOR A DISTANCE OF 104.49 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 60.00 FEET, THROUGH A CENTRAL ANGLE OF 14'49'15"AND BEING SUBTENDED BY A CHORD OF 15.48 FEET AT A BEARING OF NO7'25'40-E, FOR AN ARC LENGTH OF 15.52 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 84.90 FEET, THROUGH A CENTRAL ANGLE Of 26'3I'26'AND BEING SUBTENDED BY A CHORD OF 38.95 FEET AT A BEARING OF NO1'34'35E, FOR AN ARC LENGTH OF 39.30 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAA CURVE TO THE RIGHT, HAVING A RADIUS OF 80.00 FEET, THROUGH A CENTRAL ANGLE OF 68'45'43"AND BEING SUBTENDED BY A CHORD OF 90.35 FEET AT A BEARING OF N274I'43°E, FOR AN ARC LENGTH OF 96.01 FEET; THENCE RUN N5T04'35"E FOR A DISTANCE OF 16.30 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT. HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 57'42'51° AND BEING SUBTENDED BY A CHORD OF 24.13 FEET AT A BEARING OF N2813'O9'E, FOR AN ARC LENGTH OF 25.18 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SND CURVE 10 THE RIGHT, HAVING A RADIUS OF 3606.71 FEET, THROUGH A CENTRAL ANGLE OF 00'28'26" AND BEING SUBTENDED BY A CHORD OF 29.83 FEET AT A BEARING OF NOO'24'04"W, FOR AN ARC LENGTH OF 29.83 FEET; THENCE RUN N90'00'OO'E FOR A DISTANCE OF 41.47 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 131.65 FEET, THROUGH A CENTRAL ANGLE OF 29'02'36° AND BEING SUBTENDED BY A CHORD OF 66.02 FEET AT A BEARING OF N16'52'51'E, FOR AN ARC LENGTH OF 66.73 FEET TO A POINT OF COMPOUND CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 82.00 FEET, THROUGH A CENTRAL ANGLE OF 63'55'35' AND BEING SUBTENDED BY A CHORD OF 86.82 FEET AT A BEARING OF 1463'21'57"E, FOR AN ARC LENGTH OF 91.49 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 12'01'34' AND BEING SUBTENDED BY A CHORD OF 101.61 FEET AT A BEARING OF 1489'18'57"E, FOR AN ARC LENGTH OF 101.80 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 33'06'31' AND BEING SUBTENDED BY A CHORD OF 56.98 FEET AT A BEARING OF S80'08'34'E, FOR AN ARC LENGTH OF 57.79 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 170.00 FEET, THROUGH A CENTRAL ANGLE OF 33'25'26" AND BEING SUBTENDED 8Y A CHORD OF 97.77 FEET AT A BEARING OF S80'18'011, FOR AN ARC LENGTH OF 99.17 FEET; THENCE RUN N82'59'I61 FOR A DISTANCE OF 44.25 FEET; THENCE RUN 521'05'58"E FOR A DISTANCE OF 77.24 FEET; THENCE RUN S79'28'09'47 FOR A DISTANCE OF 46.81 FEET; THENCE RUN N10'31'5114 FOR A DISTANCE OF 15.00 FEET; THENCE RUN N79'28'09'E FOR A DISTANCE OF 38.92 FEET; THENCE RUN N21'05'58)4 FOR A DISTANCE. OF 57.15 FEET; THENCE RUN SB2'59'I614 FOR A DISTANCE OF 40.35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 175.00 FEET, THROUGH A CENTRAL ANGLE Of 33'25'26' AND BEING SUBTENDED BY A CHORD OF 100.65 FEET AT A BEARING OF N80'I8'0114, FOR AN ARC LENGTH OF 102.09 FEET TO A POINT Of REVERSE CURVATURE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 95.00 FEET, THROUGH A CENTRAL ANGLE OF 33'06'31" AND BEING SUBTENDED BY A CHORD OF 54.14 FEET AT A BEARING OF N80'08'34"A, FOR AN ARC LENGTH OF 54,90 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 490.00 FEET. THROUGH A CENTRAL ANGLE OF 12'01'34" AND BEING SUBTENDED BY A CHORD OF 102.66 FEET AT A BEARING OF S89'1B'5714, FOR AN ARC LENGTH OF 102.85 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 77.00 FEET, THROUGH A CENTRAL ANGLE OF 63'55'35 AND BEING SUBTENDED BY A CHORD OF 81.52 FEET AT A BEARING OF S63'21'5714, FOR AN ARC LENGTH OF 85.91 FEET TO A POINT OF COMPOUND CURVATURE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 126.65 FEET, THROUGH A CENTRAL ANGLE OF 33'28'32' AND BEING SUBTENDED BY A CHORD OF 72.95 FEET AT A BEARING OF S14'39'53"W. FOR AN ARC LENGTH OF 73.99 FEET; THENCE RUN N90'00'0014 FOR A DISTANCE OF 36.40 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3596.71 FEET, THROUGH A CENTRAL ANGLE OF 00'18'51' AND BEING SUBTENDED BY A CHORD OF 19.72 FEET AT A BEARING OF SO0'28'51"E, FOR AN ARC LENGTH OF 19.72 FEET 10 A POINT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 35.00 FEET. THROUGH A CENTRAL ANGLE OF 5T42'52' AND BEING SUBTENDED BY A CHORD OF 33.78 FEET AT A BEARING OF S28'13'09"W, FOR AN ARC LENGTH OF 35.26 FEET; THENCE RUN S5T04'3514 FOR A DISTANCE OF 16.29 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 68'45'47"AND BEING SUBTENDED BY A CHORD OF 79.06 FEET AT A BEARING OF S2741'45)4, FOR AN ARC LENGTH OF 84.01 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 94,90 FEET, THROUGH A CENTRAL ANGLE OF 26'31'26" AND BEING SUBTENDED BY A CHORD Of 43.54 FEET AT A BEARING OF 501'34'35'W, FOR AN ARC LENGTH OF 43.93 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 14'49'23" AND BEING SUBTENDED BY A CHORD OF 12,90 FELT AT A BEARING OF S07'25'36"W. FOR AN ARC LENGTH OF 12.94 FEET; THENCE RUN SOO'01'0314 FOR A DISTANCE OF 104,48 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 38'28'31' AND BEING SUBTENDED BY A CHORD OF 32.95 FEET AT A BEARING OF S19'13'11"E, FOR AN ARC LENGTH OF 33.58 FEET; THENCE RUN S38'27'25E FOR A DISTANCE OF 16.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET. THROUGH A CENTRAL ANGLE OF 39'37'00' AND BEING SUBTENDED BY A CHORD OF 33.89 FEET AT A BEARING OF 518'38'56"E, FOR AN ARC LENGTH OF 34.57 FEET; THENCE RUN SO1'09'3314 FOR A DISTANCE OF 32.57 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 31.11 FEET, THROUGH A CENTRAL ANGLE OF 4736'31" AND BEING SUBTENDED BY A CHORD OF 25.11 FEET AT A BEARING OF S24'56'25)4, FOR AN ARC LENGTH OF 25.85 FEET TO A POINT ON THE SAID NORTH RIGHT-OF-WAY; THENCE ALONG SAID RIGHT-OF-WAY RUN 1439'06'2014 FOR A DISTANCE OF 10.01 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 8277.34 SQUARE FEET MORE OR LESS. Digitally signed by BEARINGS REFER TO NORTH RIGHT-OF-WAY OF SAID US 41, AS BEING S 39'06'20" E John Hilton DN:cn=John Hilton,o=HoleHOLEMONTES.INC. CERTIFICATE OF AUTHORIZATION LB#1772 Montes, ou=Survey Department, email=johnhIlton@ hmeng.com,c=US BY P.S.M.#6278 Date:2017.09.28 JOHN J. HILTON STATE OF FLORIDA 15:10:39-04'00' THIS IS NOTA SURVEY DRAWN JY: - DATE: 950 Encore Way DRAirNG 140' 9(19 Naples,aples, FL 34110 H-453 SHEET I OF SHT Ill Phone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION ROJEi's,oso 2 3 HOLE MONIES Florida Certificate of FILE NAVE C MnEEfis',MOS 5W6VOOS Authorization No.1772 CUGQ1rp19-50-26 ft1,2016V0t606o1s*rlD(s1aL409 W28/2017 HIM Aii puna er Jr.Wam LINE BEARING DISTANCE EXM BiT `.! IIP L1 N 01'09'33" E 32.58' h-#.. 3 "f L2 N 38'27'25" W 16.89' L3 N 00'01'03" E 104.49' L4 N 57'04'35" E 16.30' L5 N 90'00'00" E 41.47' L6 N 82'59'16" E 44.25' L7 S 21'05'58" E 77.24' L8 S 79'28'09" W 46.81' L9 N 10'31'51" W 15.00' L10 N 79'28'09" E 38.92' L11 N 21'05'58" W 57.15' L12 S 82'59'16" W 40.35' L13 N 90'00'00" W 36.40' L14 S 57'04'35" W 16.29' L15 S 00'01'03" W 104.48' L16 S 38'27'25" E 16.89' L17 S 01'09'33" W 32.57' L18 N 39'06'20" W i 10.01' CURVE RADIUS DELTA ANGLE CHORD LENGTH CHORD BEARING ARC LENGTH C 1 21 .11' 46'35'11" 16.69' N 24'25'56" E 17.16' C2 40.00' 39'36'58" 27.11' N 18'38'56" W 27.66' C3 60.00' 38'28'28" 39.54' N 19'13'11" W 40.29' C4 60.00' 14'49'15" 15.48' N 07'25'40" E 15.52' C5 84.90' 26'31'26" 38.95' N 01'34'35" E 39.30' C6 80.00' 68'45'43" 90.35' N 22'41'43" E 96.01' C7 25.00' 57'42'51" 24.13' N 28'13'09" E I 25.18' C8 3606.71'0'28'26" 29.83' N 00'24'04" W 29.83' C9 131 .65'29'02'36" 66.02' N 16'52'51" E 66.73' 010 82.00' 63'55'35" 86.82' N 63'21'57" E 91.49' C11 485.00' 12'01'34" 101.61' N 89'18'57" E 101.80' C12 100.00' 33'06'31" 56.98' S 80'08'34" E 57.79' C13 170.00' 33'25'26" 97.77' S 80'18'01" E 99.17' 014 175.00' 33'25'26" 100.65' N 80'18'01" W 102.09'I C15 95.00' 33'06'31" 54.14' N 80'08'34" W 54.90' C16 490.00' 12'01'34" 102.66' S 89'18'57" W 102.85' C17 77.00' 63'55'35" 81.52' S 63'21'57" W 85.91' C18 126.65' 33'28'32" 72.95' S 14'39'53" W 73.99' C19 3596.71'0'18'51" 19.72' S 00'28'51" E 19.72' C20 35.00' 57'42'52" 33.78' S 28'13'09" W 35.26' 021 70.00' 68'45'47" 79.06' S 22'41'45" W 84.01' C22 94.90' 26'31'26" 43.54' S 01'34'35" W 43.93' C23 50.00' 14'49'23" 12.90' S 07'25'36" W 12.94' C24 50.00' 38'28'31" 32.95' S 19'13'11" E 33.58' C25 50.00' 39'37'00" 33.89' S 18'38'56" E 34.57' C26 31.11' 47'36'31" 25.11' S 24'56'25" W 25.85' THIS IS NOT A SURVEY pttAAlyli By DATE: SHEEtJJy OF E 950 Encore Woy H-453 9 MINaples, FL. 34110 oa,1 Hc O. PR(uE p19tPhone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION 116%0 3 3 HOLE MONTES Florida Certificate of FILE WaIE SEC- 0-28- RCE: REmasPL suatroas Auihorizotlon No.1772 CtlEd'1Q 19- PROJECT:JO Water POD&Easement Project PARCEL:Hibiscus Golf Club FOLIO: 55150040004&55150480004 INSTR 5564590 OR 5516 PG 1753 RECORDED 6/1/2018 12:55 PM PAGES 5 DWIGHT E.BROCK,CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC@.70$0.70 REC$44.00 TEMPORARY CONSTRUCTION EASEMENT it THIS TEMPORARY CONSTRUCTION EASEMENT, made and entered into this1.day of pr i I—2018, by NASSIF GOLF VENTURES, L.L.C., a Florida Ii ited liability company, d/b/a Hibiscus Golf Club, whose mailing address is 225 Banyan Boulevard, Suite 240, Naples, FL 34102, (hereinafter referred to 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, whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, its successors and assigns (hereinafter referred to 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 ($10.00) and other valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a temporary license and privilege to enter upon the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. This Easement is granted for the express purpose of providing Grantee temporary access to Grantor's lands as described above, and for the purpose of storing material and equipment during the construction and installation of public improvements adjacent thereto. This Easement shall expire one year beyond the official acceptance of the public improvements by the Board of County Commissioners of Collier County, Florida, or on completion of the project, whichever whichever occurs first. Grantee shall restore the surface of the Easement Area to the condition existing prior to the commencement of construction adjacent thereto. I., x ... , ,, x, 41) N' • IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: 57( Q— -------- NASSIF GOLF VENTURES, L.L.C, Witness#1 (Signature) a Florida limited liability company, d/b/a Hibiscus Golf Club Witness#1 (Print Name) C I By: A Witness# ig ure Davis" . assif, as "--' ager L' 1-eAs-c- Witness#2(Print Name) STATE OF FLORIDA COUNTY OF of/°&r The foregoing Temporary Construction Easement was acknowledged before me this 14°' day of A pra f 2018 by David W. Nassif, as Manager, on behalf of Nassif Golf Ventures, L.L.C., a Florida limited liability company, d/b/a Hibiscus Golf Club, •- --.- - ; -: • e. who has produced Df ver$ as identification. WITNESS my hand and official seal this L/ day of Apr/ I 2018. affix notarial seal) Siwatur!.f ,if:ta yr ;aG GREGORY A.SHROCK u' r` Cad JA re) 2~ ' Notary Public,State of Florida Print Na,e df Notary Public) Nfir•:'Commission#GG 126663 NOTARY PUBLICMycomm.expires Sept.a,2021 Serial/Commission #: if any) My Commission Expires: $eo/. 4 / Approved as to form and legality: ck_iq Jenni r A. Belpedio, stant County Attorney THIS CONVEYANCE ACCEPTIS •Y TMEBOASOFCOUNTYCONMISSIONEUSCOLLIERCOUNTY, FLOSIDAPURSUANTTOAGENDA, i DATED: - is ITEM so. 1 t. I 2. o)c) -- 39 fetateiptiMengielbeiNV goat Pliairip 11/1yers 1041 nr w t ammo Plki L7 n til'rEXHIBITm Page.,,,,.,.0.= Is 12 9 0 25 80 G\\ iiiii!TI1aolSOPEETCts \ C16 C17 n c) t 5 110' FLA TRACT A POKER t UM CO. EASEMENT . j TAT A H 110• POC W. s S.S.W. NERCORTRACT A ,• LELY GOLF ESTATES 4r*•• ' PEI. a PG. 20 EASEMENT ati. a'\N l l'\ LEGEND r e POC POINT OF COMMENCEMENT sem. POB POINT OF BEGINNING 9'w 46 11 a POB 0 Q 1 THIS IS NOT A SURVEY MIN NC ISUE• siit 0S0 [neon, Way WPM Nil gal t Naples, FL 34110 t N+er 23s} 28i-t0o0 SKETCH AND LEGAL DESCRIPTION renown•volin sawn MOLE MONTES Flo Cesfiitoole of 10- 411Autherlsoltsn 14•.1772 11.MN XHIBIT K12014120/109:Asa1ae35sr Ob6r 45e7/A ww/1/b17 7,271"10 40 Mahal yc Mian Page_. A. LEGAL DESCRIPTION OF A PARCEL OF LAND LOCATED IN SECTION 19 TOWNSHIP 50 SOUTH RANGE 26 EAST COLLIER COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF TRACT A LELY GOLF ESTATES AS RECORDED IN PLAT 8001(9 PAGE 20 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA ALSO BEING A POINT ON THE NORTH RIGHT-OF-WAY OF US 41 ITAMIAMI TRAIL'.THENCE ALONG SAID RIGHT-OF-WAY RUN S 39'06'20'E FOR A DISTANCE OF 486.53 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN THENCE LEAVING SAID RIGHT-Of-KAY RUN N50'59-071 FOR A DISTANCE OF 1.04 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE,THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 13,76 FEET THROUGH A CENTRAL ANGLE OF 11'3213'AND BEING SUBTENDED BY A CHORD OF 2 77 FEET AT A BEARING Of N35'57391 FOR AN ARC LENGTH OF 2 77 FEET TO A POINT OF COMPOUND CURVATURE,THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF'3 50 FEET THROUGH A CENTRAL ANGLE OF 28'53'51'AND BEING SUBTENDED BY A CHORD OF 6 74 FEET AT A BEARING 0E1415'36'28E FOR AN ARC LENGTH OF 5 81 FEET THENCE RUN N01'0913'E FOR A DISTANCE OF 33.81 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE.THENCE ALONG SAID CURVE TO THE LEFT.HAVING A RADIUS Of 32 71 FEET,ATA BEARING OF 689'3018W THROUGH A CENTRAL ANGLE OF 34'1229"AND BEING SUBTENDED BY A CHORD OF 19.24 FEET AT A BEARING OF N18'05'561%FOR AN ARC LENGTH OF'9.53 FEET THENCE RUN N38'2725W FOR A DISTANCE OF 25 59 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE,THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 6750 FEET THROUGH A CENTRAL ANGLE OF 26'4220'AND BEING SUBTENDED BY A CHORD OF 31'4 FEET AT A BEARING OF N19.14'05W FOR AN ARC LENGTH OF 31 42 FEET THENCE RUN NO0101'03'E FOR A DISTANCE OF 113.16 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE,THENCE ALONG SAID CURVE TO THE RIGHT.HAVING A RADIUS OF 78 51 FEET THROUGH A CENTRAL ANGLE OF 00'36'08'AND BEING SUBTENDED BY A CHORD OF 0 83 FEET ATA BEARING OF N00'3448W FOR AN ARC LENGTH OF 0.63 FEET THENCE RUN N09'19'30"E FOR A DISTANCE OF 17 14 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE THENCE ALONG SAID CURVE TO THE LEFT,HAVING A RADIUS OF 77.40 FEET THROUGH A CENTRAL ANGLE OF 17'CT14' AND BEING SUBTENDED BY A CHORD OF 23 34 FEET AT A BEARING Of N04°41.46I FOR AN ARC LENGTH OF 23 13 FEET TO A POINT CF REVERSE CURVATURE THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 268.03 FEET 'HROUGH A CENTRAL ANGLE OF 06'31'57 AND BEING SUBTENDED BY A CHORD OF 30 54 FEET AT A BEARING OF NOC'3552W FOR AN ARC LENGTH OF 30.56 FEET TO A POINT OF COMPOUND CURVATURE,THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 217.68 FEET. THROUGH A CENTRAL ANGLE OF?4'47'53'AND BEING SUBTENDED BY A CHORD OF 18.2 FEET AT A BEARING OF N35'0403'E FOR AN ARC LENGTH OF 18 23 FEET TO A POINT OF COMPOUND CURVATURE.THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 69 37 FEET THROUGH A CENTRAL ANGLE OF 2,'4055"AND BEING SUBTENDED BY A CHORD OF 26 09 FEET AT A BEARING OF N18'18271 FOR AN ARC LENGTH OF 26 25 FEET TO A POINT OF COMPOUND CURVATURE THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 114 91 FEET THROUGH A CENTRAL ANGLE OF 07'01'45'AND BEING SUBTENDED BY A CHORD OF 14.;+8 FEET AT A BEARING OF N31'2248T FOR AN ARC LENGTH OF 1409 FEET TOA POINT OF COMPOUND CURVATURE THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 6002 FEET THROUG41 A CENTRAL ANGLE OF 20'3729'AND BEING SUBTENDED BY A CHORD Of 2140 FEET AT A BEARING OF N49'38291 FOR AN ARC LENGTH OF 2152 FEET THENCE RUN N57'1E4%E FOR A DISTANCE OF 2275 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS Of 17 12 FEET THROUGH A CENTRA:. ANGLE OF 34.4411'AND BEING SUBTENDED BY A CHORD OF'322 FEET AT A BEARING OF N32'2847'E FOR AN ARC LENGTH Of 10.38 FEET TO A POINT OF COMPOUND CURVATURE THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 40.13 FEET.THROUGH A CENTRAL ANGLE OF 15'1938`AND BEING SUBTENDED BY A CHORD OF 0 70 FEET AT A BEARING OF NO2'56'41.1 FOR AN ARC LENGTH Of 10 74 FEET TO A POINT OF REVERSE CURVATURE THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 3614.21 FEET.THROUGH A CENTRAL ANGLE OF 00'2678"AND BEING SUBTENDED BY A CHORD OF 2'83 FEET AT A BEARING OF N00'19'44701 FOR AN ARC LENGTH OF 27 83 FEET THENCE RUN N90.00'0C'E FOR A DISTANCE OF 60.13 FEET THENCE RUN SO0'0000 E FOR A DISTANCE OF 46.09 FEET THENCE RUN S57'0738W FOR A DISTANCE OF 5863 FEET THENCE RUN 557'1318W FOR A DISTANCE OF 21,25 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 25.85 FEET THROUGH A CENTRAL ANGLE Of 18'3525"AND BEING SUBTENDED 8Y A CHORD OF 8 36 FEET AT A BEARING OF S51'2642 FOR AN ARC LENGTH Of 8.39 FEET TO A POINT OF COMPOUND CURVATURE THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 79 81 FEET THROUGH A CENTRAL ANGLE OF 15'1248'AND BEING SUBTENDED BY A CHORD OF 8 65 FEET AT A BEARING OF S30'41'141V FOR AN ARC LENGTH OF 8 65 FEET TO A POINT OF COMPOUND CURVATURE THENCE ALONG SAID CURVE TO THE LEFT RAVING A RADIUS OF 34 37 FEET THROUGH A CENTRAL ANGLE OF 22.16-2-AND BEING SUBTENDED BY A CHORD OF 13 28 FEET AT A BEARING OF S18°36'10W FOR AN ARC LENGTH OF 1336 FEET TO A POINT OF COMPOUND CURVATURE THENCE ALONG SAID CURVE TO THE LEFT H AVNG A RADIUS OF 182.68 FEET THROUGH A CENTRAL ANGLE OF 044753'AND BEING SUBTENDED BY A CHORD OF 15.29 FEET AT A BEARING OF S05104'03'W FOR AN ARC LENGTH OF 15.30 FEET TOA POINT OF COMPOUND CURVATURE THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 233.03 FEET THROUGH A CENTRAL ANGLE OF•35'31'57 AND BEING SUBTENDED BY A CHORD OF 26.55 FEET AT A BEARING OF SO0'35'521.FOR AN ARC LENGTH OF 26 57 FEET TO A POINT OF REVERSE CURVATURE THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 112,40 FEET THROUGH A CENTRAL ANGLE OF 15'27`C5-AND BEING SUBTENDED BY A CHORD OF 3216 FEET AT A BEARING OF 504'21'42W FOR AN ARC LENGTH OF 32.27 FEET THENCE RUN S09'191CIN FOR A DISTANCE OF 13.15 FEET THENCE RUN SO0'01'031N FOR A DISTANCE OF 109,05 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE THENCE ALONG SAID CURVE TO THE LEFT RAVING A RADIUS OF 32 50 FEET.THROUGH A CENTRAL ANGLE OF 21'2'27'AND BEING SUBTENDED BY A CHORD OF 12 10 FEET AT A BEARING Of S19'14'291.FOR AN ARC LENGTH OF 1217 FEET THENCE RUN S36'2T251 FOR A DISTANCE OF 24.37 FEET TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 67 57 FEET THROUGH A CENTRAL ANGLE OF 36'23'58" AND BEING SUBTENDED BY A CHORD OF 42.21 FEET AT A BEARING OF S18'01 50-E FOR AN ARC LENGTH OF 42 93 FEET THENCE RUN S01'OE 33'W FOR A DISTANCE OF 33 81 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE THENCE ALONG SAID CURVE TO THE RIGHT,RAVING A RADIUS OF 48.50 FEET THROUGH A CENTRAL ANGLE OF 38`5838' AND BEING SUBTENDED BY A CHORD OF 32.36 FEET AT A BEARING OF S2C°38'521M FOR AN ARC LENGTH OF 32 99 FEET TOA POINT OF COMPOUND CURVATURE THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 23 19 FEET THROUGH A CENTRAL ANGLE OF C8'1'118`AND BEING SUBTENDED BY A CHORD OF 3 31 FEET AT A BEARING OF S41'S839W FOR AN ARC LENGTH OF 3,31 FEET TO A POINT OF COMPOUND CURVATURE THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 36 42 FEET THROUGH A CENTRAL ANGLE OF 07242`AND BEING SUBTENDED BY A CHORD OF 4 70 FEET AT A BEARING OF 546'37171N FOR AN ARC LENGTH OF 4.70 FEET TO A POINT ON SAID RIGHT-OF-WAY THENCE ALONG SAID RIGHT-OF-WAY RUN N39'06'201Y FOR A DISTANCE OF 35 18 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED CONTAINING 18034 58 SOUARE FEET MORE OR LESS BEARINGS REFER TO NORTH RIGHT-OF-WAY OF SAID US 41.AS BEING S 39'062C E HOLE MONTES INC. CERTIFICATE OF AUTHORIZATION LB*1772 BY PSM i 6278 JOHN J HILTON STATE OF FLORIDA THIS IS NOT A SURVEY DRAWN BY; OAT 950 Encore Way OBAw4N0 N0, JJN 9 19 Naples, FL 34110 H-446SHlxrOr, j' Phone; (239) 254-2000 SKETCH AND LEGAL DESCRIPTION aim6.060 SEC_TtMH-RGE HOLE MONTES Florida Certificate of 19-50-24 Authorization No.1772Fir NYE 15'COO ESYT.4ry tiVotoNwtozzUrttotrzt.te awn canal I/$/OI7.1U41 MI boom tr.iPY.Y_ EXHIBIT........" Page.3,_Ct 3 LINE BEARING DISTANCE 1 Li N 50'59'07" E 1.04' L2 N 01'09'33" E 33.81' ' L3 N 38'27'25" W 25.69' L4 N 00'0103" E 113.16' L5 N 09'19'30" E 17.14' L6 N 57'16'41" E 22.75' L7 N 90'00'00" E 60.13' L8 S 00'00'00" E 46.09' L9 S 57'07'38" W 58.63' L10 S 57'13'18" W 21.25' L11 S 09'19'30" W 13.15` L12 S 00'01'03" W 109.05' L13 S 38'27'25" E 24.37' L14 S 01'09'33" W 33.81' L15 N 39'06'20" W 35.18' CURVE RADIUS DELTA ANGLE CHORD LENGTH-CHORD BEARING ARC LENGTH C1 13.76'11'32'13" 2.77' N 35'52'39" E 2.77' C2 13.50'28'53'51" 6.74' N 15'36'29" E 6.81' C3 32.71' 34'12'29" 19.24' N 18'05'56" W 19.53' C4 67.50' 26'40'20" 31.14' N 19'14'05" W 31.42' C5 78,51'0'36'08" 0.83' N 00'34'48" W 0.83' C6 77.40'17'07'14" 23.04' N 04'41'46" E 23.13' C7 268.03' 6'31'57" 30.54' N 00'35'52' W 30.56' _ C8 217.68' 4'47'53" 18.22' N 05'04'03" E 18.23' C9 69.37' 21'40'55" 26.09' N 18'18'27" E 26.25' C10 114.81'7'01'45" 14.08' N 31'23'48" E _ 14.09' C11 60.02' 20'32'29" 21.40' N 49'38'29" E 21.52' 012 17.12'34'44'31" 10.22' N 32'28'42" E 10.38' C13 40.13'15'19'38" 10,70' N 02'56'41" E 10.74' C14 3614.21' 0'26'28" 27.83' N 00'19'44" W 27.83' C15 25,65'18'36'25" _ 8.36' S 51'26'42" W 8.39' C16 79.81'6'12'48" 8.65' 5 30'41'14' W 8.65' C17 34.37' 22'16'21" 13.28' 5 18'36'10" W 13.36' C18 . 4'47'53" 15.29' S 05'04'03" W 15.30' C19 ' 233.03' 6'31'57" 26.55' . S 00'35'52" E 26.57' 020 112.40' 16'27'05" 32.16' S 04'21'42" W 32.27' C21 32.50' 21'27'27" 12.10' ' S 19'14'29" E 12.17' C22 67.57' 36'23'58" 42.21' S 18'01'50" E 42.93' 023 48.50' 38'58'38" 32.36' S 20'38'52" W 32.99' C24 23.19'8'11'08" 3.31' S 41'58'39" W 3.31' C25 36.42'7'24'03" 4.70' 5 46'37'12" W 4.70' THIS IS NOT A SURVEY ORAtIN iv: Dom- OSO (noon Way JJH a 19 Naples, fl. 34110 OAalfiO 46 WET f br 9t1 *MI Pitons: (2311) 254-2000 SKETCH AND LEGAL DESCRIPTION ie o int J HOLE MONTES florWa Certificate of 519- v++ 31°COO MILO"Nateu s"41°6 Authorization No.1772 111 NATE ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1B 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no I ter than Monday preceding the Board meeting. ,,,,',,, **NEW** ROUTING SLIPI:fira �"" / ((j Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If tl4 document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Jennifer A. Belpedio, Esq. Asst. County Attorney County Atty. g 1A13\I S County Attorney's Office 2. BCC Office Board of County V Commissioners \ - 4 / `3\Z\`N% 3. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff C. Perry Peeples Phone Number 239-252-8073 Contact/Department Agenda Date Item was February 23,2010 Agenda Item Number 16.B.1 Approved by the BCC Type of Document Donation Agreement- Number of Original 2 Attached Utility Easement Documents Attached PO number or account Account: Fund 412, Cost Center 273512, RECORDING FORM number if document is Object Code 649030, Project 70014.1 ATTACHED to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? Skicit+he Ql- '/ CPP 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed /OA by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the CPP document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CPP signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on October 25,2016,and all changes made (.')P during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. , 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for e Chairman's s nature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1613 Memorandum TO: Minutes & Records Management FROM: C. Perry Peeples, Real Property Management DATE: August 14, 2018 RE: White Lake Water Looping The Board of County Commissioners accepted this donation and approved the recording of this Utility Easement in connection with a development commitment (PUD 01-59) pursuant to Resolution 2010-39, approved as Agenda Item 16.B.1 on February 23, 2010. Attached is the original Donation Agreement for attestation. Please attest to Commissioner Solis' signature as Chairman on the Donation Agreement. An original Utility Easement, and recording form is also attached. Please contact me if you have any questions or comments at Extension 8073. Thank you. 1 68 1 PROJECT: White Lake Utility Easement PARCEL: Tract D and Tract B, Phase Three White Lake Corporate Park INSTR 5603526 OR 5545 PG 3334 RECORDED 8/23/2018 9-31 AM PAGES 4 This Easement accepted by the BCC CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA Pursuant to Resolution 2010-39 DOC@.70 80.70 REC 835.50 UTILITY EASEMENT THIS UTILITY EASEMENT, made and entered into this ' f day of 2018 by WHITE LAKE COMMONS ASSOCIATION, INC., a Florida not-for-profit corporation, as Grantor, whose address is 2180 West SR 434, Ste 5000, Longwood, FL 32779, 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, whose address is 3335 East Tamiami Trail, Ste. 101, 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 contractors successors and assigns, a perpetual, non-exclusive easement, license, and privilege for utility purposes, on and under 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 PROPERTY IS NOT THE HOMESTEAD OF GRANTOR 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, all utility facilities 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 utility easement granted herein shall constitute an easement running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. (SIGNATURE PAGE FOLLOWS) i 0 1 6 1 WITNESSES: Witness #1(signature) WHITE LAKE COMMONS ASSOCIATION, INC., a Florida not-for-profit corporation Witness #1 (Print Name) -� By: Print: Sr- --, 1�f e Its: Pres«Q. Witness #2 (Signature) Witness #2 (Print Name) STATE OF E /o,1, COUNTY OF c',\ t),( The foregoin U ility Easement was acknowledged before me this I day of 1 2018 bye e .b.0 as President of White Lake Commons Association, Inc., who is [ ] personally known to me or who has [ ] produced as identification. Witness my hand and official seal his day of ., -•\ , 2018. (affix notarial seal) (Signature of Notary Public) ds"Nk Notary Public State of Florida > . ` ' John Paul Strathmann (Print Name) Expires03/07/2022 193114 NOTARY PUBLIC Serial/Commission #: My commission expires: Approved as to form and legality: Jennifer . Belpedio � \ Assistant County Attorney ��'�j 168 1 EXHIBIT. t l , WHITE LAKE CORPORATE PARK PHASE THREE POC DESC. NE CORNER Page j 0{`�.... PLAT BOOK 34, PAGE 45 TRACT "B" -" / S01'57'08"E 23.12' / N88'02'52"E 10.00 POB DESC. / // / / / / NO 1°57'08"W 15.00' S01'57'OS"E 15.00' cf? 7 SHEARWATER STREET I LOT 17 / "TRACT R" S88°02'52"W 10.00' (A.E., D.E., M.E. & C.U.E.) 0 7.5 15 30 s I 1 1 1"=30' I I a LEGEND \ 10' U.E. A.E. = ACCESS EASEMENT PLAT BOOK 34, PAGE 45 "TRACT B" U C.U.E. = COUNTY UTILITY EASEMENT A.E., D ti D.E. = DRAINAGE EASEMENT \ I ( D.E. & U.E.) ? DESC. = DESCRIPTION M.E. = MAINTENANCE EASEMENT D POB = POINT OF BEGINNING \ o POC = POINT OF COMMENCEMENT I U.E. = UTILITY EASEMENT \ \ S ® = SANITARY MANHOLE \ = POWER POLE \ o = GUY WIRE ANCHOR \ Q = FIRE HYDRANT WATER WATER VALVE o -W- = WATER LINE DESCRIPTION E A TRACT OF PARCEL OF LAND LYING IN "TRACT B", WHITE LAKE CORPORATE PARK PHASE THREE AS RECORDED W IN PLAT BOOK 34, PAGE 45, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID TRACT OR PARCEL BEING -6 MORE PARTICULARLY DESCRIBED AS FOLLOWS: — a COMMENCING AT THE NORTHEAST CORNER OF SAID "TRACT B" THENCE S.O1°57'08"E. ON THE EAST LINE OF rg SAID "TRACT B" FOR 23.12 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; a THENCE CONTINUE S.01°57'08"E. ON THE EAST LINE OF SAID "TRACT B" FOR 15.00 FEET; IS THENCE S.88°02'52"W. DEPARTING SAID EAST LINE FOR 10.00 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID "TRACT B"; 0 e THENCE N.01°57'08"W. ON SAID WEST LINE OF SAID "TRACT B" FOR 15.00 FEET; a U 2 THENCE N.88°02'52"E., DEPARTING SAID WEST LINE FOR 10.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; 3 CONTAINING 150 SQUARE FEET, MORE OR LESS. N O o BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE PLAT OF WHITE LAKE CORPORATE PARK PHASE THREE, PLAT BOOK 34, _PAGE 45, PUBLIC RECORD OF COLLIER COUNTY, FLORIDA, WHEREIN THE EAST LINE OF "TRACT B" BEARS SO1°57'08"E• ,,y vur Digitally signed by Timothy Jon :,'.#'.,17..17,1-••s,". DeVries,License No.LS6758 NOTES: =; Professional Surveyor and 1. THIS SKETCH IS NOT A SURVEY. 5.v , )a Mapper Y `,o- �e� Dae:2018.05.161352:05 2. BEARINGS SHOWN HEREON ARE BASED ON THE PLAT OF "" ''•°` oaoo a. WHITE LAKE CORPORATE PARK PHASE THREE, PLAT BOOK 34, TIMOTHY J DEVRIES DATE - PAGE 45, PUBLIC RECORD OF COLLIER COUNTY, FLORIDA, PROFESSIONAL SURVEYOR AND MAPPER WHEREIN THE EAST LINE OF "TRACT 8" BEARS S01'57'08"E• FLORIDA CERTIFICATE NO. LS 6758 3. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO NOT VALID WITHOUT THE SIGNATURE AND THE ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT ORIGINAL RAISED SEAL OF A FLORIDA LICENSED PARCEL. SURVEYOR AND MAPPER. 10'X 15' COLLIER COUNTY UTILITY EASEMENT LYING IN "TRACT B" 6610 Willow Park Drive,Suite 200 IRWINaples,Florida 34109 WHITE LAKE CORPORATE PARK PHASE THREE Phone:(239)597-0575 PLAT BOOK 34,PAGE 45 FAX: (239)597-0578 SECTION 35,TOWNSHIP 49 SOUTH,RANGE 26 EAST LB No:6952 COLLIER COUNTY,FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY PILE NAME SHEET 160073.00.02 35 49S 26E 1"=30' 05109115 TJD 014 SD CUE 1 OF 1 1 6 B I. EXH 1 B T._ - POC DESC. Page—Z--°-f POB DESC. NE CORNER "TRACT D" "TRACT D" (U.E., D.E. & L.B.E.) N89'00'01"E 15.00'— i __ S89'00'01"W 66.00' } N00'53'09"W 10.00'-- III SC/0'53'13"E 10.00` S89'00'01"W 15.00' SHAW BOULEVARD N "TRACT A" _ _ _ — _ LOT 1 LEGEND A.E. = ACCESS EASEMENT WHITE LAKE CORPORATE PARK ;s _ C.U.E. = COUNTY UTILITY EASEMENT N D.E. = DRAINAGE EASEMENT PLAT BOOK 31, PAGE 26 4, DESC. = DESCRIPTION r; L.B.E. = LANDSCAPE BUFFER EASEMENT POB = POINT OF BEGINNING o POC = POINT OF COMMENCEMENT o U.E. = UTILITY EASEMENT f ,', -0- = POWER POLE 0 7.5 15 30 c o W = FIRE HYDRANT 1"=30' I — • oa = WATER VALVE LOT 1 A 8 —W— = WATER LINE / = LIGHT POLE c 0 Ti DESCRIPTION 0 A TRACT OF PARCEL OF LAND LYING IN "TRACT D", WHITE LAKE CORPORATE PARK AS RECORDED IN PLAT • BOOK 31, PAGE 26, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID TRACT OR PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 0 COMMENCING AT THE NORTHEAST CORNER OF SAID "TRACT D" THENCE S.89°00'01"W., ON THE NORTH LINE OF • SAID "TRACT D" FOR 66.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; Q.0 `" THENCE S.00'53'13"E. DEPARTING SAID NORTH LINE FOR 10.00 FEET TO AN INTERSECTION WITH THE SOUTH a° LINE OF SAID "TRACT D"; t m THENCE S.89°00'01"W., ON SAID SOUTH LINE FOR 15,00 FEET; a THENCE N.00°53'09"W., DEPARTING SAID NORTH LINE FOR 10.00 FEET; ▪ THENCE N.89°00'01"E., FOR 15.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; ' CONTAINING 150 SQUARE FEET, MORE OR LESS. BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE PLAT OF WHITE LAKE CORPORATE PARK, PLAT BOOK z 31, PAGE 26, PUBLIC RECORD OF COLLIER COUNTY, FLORIDA, WHEREIN THE NORTH LINE OF "TRACT D" BEARS 3 S.89°00'01"W. 1 o """"",,,,, Digitally signed 0 ,.,„0,,,,,,4 JONOE`., 9 Y 9 by o ;pi ,�. Eivs ,�9,�• �,' Timothy Jon DeVries, 3:'i: a :4,: License No.LS6758 9 I " `-s_ Professional Surveyor s NOTES: A E OF i2.:_3 '-?::4 p:-'/$r and Mapper 1. THIS SKETCH IS NOT A SURVEY. o''•........- Date:2018.05.18 a 2. BEARINGS SHOWN HEREON ARE BASED ON THE PLAT OF %�qL suflvet°P`' 13:44:47-04'00' M WHITE LAKE CORPORATE PARK PHASE THREE, PLAT BOOK 34, TIMOTHY J. DEVRIES DATE PAGE 45, PUBLIC RECORD OF COLLIER COUNTY, FLORIDA, PROFESSIONAL SURVEYOR AND MAPPER WHEREIN THE EAST LINE OF "TRACT B" BEARS S.89°00'01"W_ FLORIDA CERTIFICATE NO. LS 6758 • 3. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO NOT VALID WITHOUT THE SIGNATURE AND THE ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT ORIGINAL RAISED SEAL OF A FLORIDA LICENSED ' PARCEL. SURVEYOR AND MAPPER. 10'X 15' COLLIER COUNTY UTILITY EASEMENT 6610 Willow Park Drive,'suite 200 LYING IN "TRACT D" Naples,Florida 34109 WHITE LAKE CORPORATE PARK Phone:(239)597-0575 PLAT BOOK 31,PAGE 26 FAX: (239)597-0578 SECTION 35,TOWNSHIP 49 SOUTH,RANGE 26 EAST LB No.:6952 COLLIER COUNTY,FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 160073.00.02 1 35 49S 26E 1"=30' _05/10/18 TJD 014 SD CUE2 1 OF 1 q 1 68 1 PROJECT: White Lake Utility Easement PARCEL: Tract D and Tract B, Phase Three White Lake Corporate Park Donation Agreement approved by the BCC Pursuant to Resolution 2010-39 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between WHITE LAKE COMMONS ASSOCIATION, INC., a Florida not-for-profit corporation, (hereinafter referred to as "Owner"), whose mailing is 2180 West SR 434, Ste 5000, Longwood, FL 32779, and 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, (hereinafter referred to as the "County"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH WHEREAS, The White Lake PUD-PL 201700044287 requires, and County has requested, that Owner convey to the County a perpetual, non-exclusive utility easement for the purpose of utilities and maintenance over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County. NOW, THEREFORE, in consideration of these premises, the sum of Ten ($10.00) Dollars, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via a Utility Easement to County at no cost to the County, unless otherwise stated herein. 2. Prior to the date of closing (the "Closing"), Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the Public Records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless the Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. Page 1 of 3 168 1 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and agrees to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. Owner shall be responsible for paying any costs and/or fees associated with securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner, the cost of a title commitment and title insurance policy, if required. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. This Agreement is governed and construed in accordance with the laws of the State of Florida Page 2 of 3 0 1 68 1 IN WITNESS WHEREOF, the parties have caused this Donation Agreement to be executed the dates set forth below. Approved by BCC pursuant to Resolution 2010-39 AS TO COUNTY: Dated: i\iiyst' 22I ( BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING ATTEST: BODY OF CO IER COUNTY AND AS EX-OFFICIO CRYSTAL K. KINZEL, THE GOV I BOARS .. ; E COLLIER CLERK COUNT A '-SE ♦ roira ;' RICT Asti By: Les a5 o Chairman's ,Deputy CI r. ' rY SOLIS, Chairman signature only. AS TO OWNER: Dated: 7/3 1( I I WHITE LAKE COMMONS ASSOCIATION, INC., a Florida not-for-profit corporation, Witness Signature By: - Print: Print Name: 42.�1 (03 -` Its: 1)il s �. ,7• Witness Signatute Print Name: 711,- Approved 11Approved as to form and legality: %a)( • Jennifer A. Belpedio ,As i nt County Attorney ��'� 1\. Page 3 of 3 16B I EXHIBIT_A_ WHITE LAKE CORPORATE PARK PHASE THREE POC DESC, d{ PLAT BOOK 34, PAGE 45 NE CORNER PagQ TRACT "B" / i �� S01'57'08'E 23.12' / /// / / / / N88'02'S2'E 10.00 II' DESC. N01'57'08'W 15.00' SO1'57'08"E 15.00' SHEARWATER STREET - LOT 17 "TRACT R" S88'02'S2"W 10.00' I (A.E., D.E., M.E. & C.U.E.) I '.--=. 1 0 7.5 15 30 1 1''=30' I 1 1 a LEGEND \ 10' U.E. tu o A.E. = ACCESS EASEMENT PLAT BOOK 34, PAGE 45 "TRACT B" o C.U.E. = COUNTY UTILITY EASEMENT 01 D.E. = DRAINAGE EASEMENT* I (A.E., D.E. & U.E.) DESC. = DESCRIPTION 1 M.E. = MAINTENANCE EASEMENT O' POB = POINT OF BEGINNING \ g POC = POINT OF COMMENCEMENT U.E. = UTILITY EASEMENT N N o ® = SANITARY MANHOLE N . -0- = POWER POLE N o E— = GUY WIRE ANCHOR N n 1. = FIRE HYDRANT w rtfi = WATER VALVE o -W- = WATER LINE DESCRIPTION A TRACT OF PARCEL OF LAND LYING IN "TRACT B", WHITE LAKE CORPORATE PARK PHASE THREE AS RECORDED W IN PLAT BOOK 34, PAGE 45, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID TRACT OR PARCEL BEING o MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID "TRACT B" THENCE S.01°57'08"E. ON THE EAST LINE OF a SAID "TRACT B" FOR 23.12 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE S.01'57'08"E. ON THE EAST LINE OF SAID "TRACT B" FOR 15.00 FEET; m THENCE S.88°02'52"W. DEPARTING SAID EAST LINE FOR 10.00 FEET TO AN INTERSECTION WITH THE WEST LINE • OF SAID "TRACT B"; 0 THENCE N.O1'57'08"W. ON SAID WEST LINE OF SAID "TRACT B" FOR 15.00 FEET; V 0 THENCE N.88°02'52"E., DEPARTING SAID WEST LINE FOR 10.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; 3 CONTAINING 150 SQUARE FEET, MORE OR LESS. N 0 g BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE PLAT OF WHITE LAKE CORPORATE PARK PHASE THREE, 0 PLAT BOOK 34, PAGE 45, PUBLIC RECORD OF COLLIER COUNTY, FLORIDA, WHEREIN THE EAST LINE OF "TRACT B" BEARS 501°57'08"E. ,,,,24"M2,',,,oF•.,,, Digitally signed by Timothy Jon x°.;31174;.S°., DeVries,License No.LS6758 N NOTES: =9' Professional Surveyor and -- 1. THIS SKETCH IS NOT A SURVEY. :y r`8z. Mapper fo{wwgT:c Date:2018.05.161352:05 a 2. BEARINGS SHOWN HEREON ARE BASED ON THE PLAT OF lf.„",;; " _04.00. WHITE LAKE CORPORATE PARK PHASE THREE, PLAT BOOK 34, TIMOTHY J DEVRIES DATE - PAGE 45, PUBLIC RECORD OF COLLIER COUNTY, FLORIDA, WHEREIN THE EAST LINE OF "TRACT B" BEARS S01'57'08"E. PROFESSIONAL SURVEYOR AND MAPPER G FLORIDA CERTIFICATE NO. LS 6758 3. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO NOT VALID WITHOUT THE SIGNATURE AND THE ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT ORIGINAL RAISED SEAL OF A FLORIDA LICENSED PARCEL. . SURVEYOR AND MAPPER. 10'X 15' COLLIER COUNTY UTILITY EASEMENT LYING IN "TRACT B" 6610 Willow Park Drive,Suite 200 Naples,Florida 34109 WHITE LAKE CORPORATE PARK PHASE THREE Phone:(239)597-0575 PLAT BOOK 34,PAGE 45 FAX: (239)597-0578 SECTION 35,TOWNSHIP 49 SOUTH,RANGE 26 EASTRIWI LB No.:6952 COLLIER COUNTY,FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 160073.00.02 35 49S _ 26E 1"=30' 05/09/18 TJD 014 SD CUE 1 OF 1 ........................... 16R I. EXHIBIT A POC DESC. "TRACT D" Page.. . of -2-- POB DESC. NE CORNER "TRACT D" (U.E., D.E. & L.B.E.) .N89'00'01"E 15.00' \ S89'O0'01"W 66.00' N00'53'09"W 10.00' S00'53'13"E 10.00' S89'00'O 1"W 15.00' SHAW BOULEVARD "TRACT A" LOT 1 LEGEND A.E. = ACCESS EASEMENT WHITE LAKE CORPORATE PARK , i C.U.E. = COUNTY UTILITY EASEMENT PLAT BOOK 31, PAGE 26 b N D.E. = DRAINAGE EASEMENT ,;, DESC. = DESCRIPTION d L.B.E. = LANDSCAPE BUFFER EASEMENT - POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT a U.E. = UTILITY EASEMENT / ` O' -0- = POWER POLE 0 7.5 15 3 /0 o W = FIRE HYDRANT A = WATER VALVE 1"=30' -W- = WATER LINE LOT 1 A - = LIGHT POLE / E — 0 DESCRIPTION A A TRACT OF PARCEL OF LAND LYING IN "TRACT D", WHITE LAKE CORPORATE PARK AS RECORDED IN PLAT BOOK 31, PAGE 26, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID TRACT OR PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 0 COMMENCING AT THE NORTHEAST CORNER OF SAID "TRACT D" THENCE S.89°00'01"W., ON THE NORTH LINE OF O SAID "TRACT D" FOR 66.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; C. 2 THENCE S.00'53'13"E. DEPARTING SAID NORTH LINE FOR 10.00 FEET TO AN INTERSECTION WITH THE SOUTH a LINE OF SAID "TRACT D"; m THENCE S.89"00.01"W., ON SAID SOUTH LINE FOR 15.00 FEET; a THENCE N.00°53'09"W., DEPARTING SAID NORTH LINE FOR 10.00 FEET; THENCE N.89'00'01"E., FOR 15.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; e.- 3 3 CONTAINING 150 SQUARE FEET, MORE OR LESS. BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE PLAT OF WHITE LAKE CORPORATE PARK, PLAT BOOK A 31, PAGE 26, PUBLIC RECORD OF COLLIER COUNTY, FLORIDA, WHEREIN THE NORTH LINE OF "TRACT D" BEARS N S.89'00'01"W. o ,``t��'aaNOF,, Digitally signed by "S c... cEivs'..... Timothy Jon DeVries, *F *: License No.LS6758 n o' ' If,; Professional Surveyor s NOTES: ,: TA'EOF ,; -t,, and Mapper : 1. THIS SKETCH IS NOT A SURVEY. o'• 210":b Date:2018.05,18 a 2. BEARINGS SHOWN HEREON ARE BASED ON THE PLAT OF %tigiSURv*�s` 13:44:47-04'00' 00 WHITE LAKE CORPORATE PARK PHASE THREE, PLAT BOOK 34, TIMOTHY J. DEVRIES DATE - PAGE 45, PUBLIC RECORD OF COLLIER COUNTY, FLORIDA, PROFESSIONAL SURVEYOR AND MAPPER co • WHEREIN THE EAST LINE OF "TRACT B" BEARS S.89'00'01"W. FLORIDA CERTIFICATE NO. LS 6758 N 3. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO NOT VALID WITHOUT THE SIGNATURE AND THE ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT ORIGINAL RAISED SEAL OF A FLORIDA LICENSED k PARCEL. SURVEYOR AND MAPPER. 10'X 15'COLLIER COUNTY UTILITY EASEMENT LYING IN "TRACT D" 6610 Willow Park Drive,Suite 200 Naples,Florida 34109 WHITE LAKE CORPORATE PARK Phone:(239)597-0575 PLAT BOOK 31,PAGE 26 FAX: (239)597-0578 SECTION 35,TOWNSHIP 49 SOUTH,RANGE 26 EASTRIALif LB No.:6952 COLLIER COUNTY,FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 160073.00.02 _ 1 35 _ 49S 26E 1"=30' 05/10/18 TJD 014 SD CUE2 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIII 6 BI TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. -111,0'4 g/moi i **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed, If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines 41 through#2,complete the checklist,and forward to the County Attorney Office, Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney OfficeA; 1)61/1 4. BCC Office Board of County �,b Commissioners ,\/...,t...(1/4.5-) \\e\A„, I 5. Minutes and Records Clerk of Court's Office �-� 8 ��/�g �'3 PRIMARY CONTACT INFORMATION _ J (� l Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Erin Josephitis, Growth Management, Phone Number 239-2525 Contact/ Department Development eview Agenda Date Item was 02/23/2010 Agenda Item Number 16B1 Approved by the BCC `).Led P4,5 0 a o in -39. Type of Document Conservation Easement Number of Original 1 Attached Documents Attached PO number or account Customer to be notified to pay the Clerk number if document is directly. to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not appropriate. • (Initial) Applicable) 1. Does the document require the chairman's original signature? .._ 1` 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed ES by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the E3-- document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's G3 signature and initials are required. C• 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on a/a-3u) and all changes made ' during the meeting have been incorporated in the attached document. The County A ma Attorney's Office has reviewed the changes, if applicable 9. Initials of attorney verifying that the attached document is the version approved by the ilitAirOli., BCC,all changes directed by the BCC have been made, and the document is ready for the 'Ri Chairman's signature. ilMiti; I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 4 OFFICE OF THE COLLIER COUNTY ENVIRONMENTAL SERVICES SECTION INTEROFFICE MEMORANDUM TO: Clerk to the Board, Board Minutes and Records FROM: Erin Josephitis, Environmental Services Section DATE: August 2, 2018 RE: Attestation and Recording of Conservation Easement Attached is a Conservation Easement for United Parcel Service, Inc., which has been approved by the Board of County Commissioners. Please attest as usual and hold the original documents until the applicant provides payment for recording. Then forward the packet to the Recording Department. Thank you for your assistance in this matter. Please send me a copy of the receipt via interoffice mail. Please send an email to Erin.Josephitis@colliercountyfl.gov when the easement has been recorded. If you have any questions, feel free to contact me at (239) 252-2915. The following agent will be paying the recording fees: Molli Lindsey Barrios Engineering, LLC 605 Delaney Ave, Suite C Orlando, FL 32801 Phone: 407-286-2610 Attachments Routing Slip Conservation Easement Clerk of Circuit Court's Information Sheet Site Visit Report 16B I iNSTR 5612480 OR 5553 PG 133 RECORDED 9/14/2018 2:17 PM PAGES 8 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA DOC@.70$0.70 REC $69.50 THIS INSTRUMENT PREPARED BY& RETURN TO: NAME: Jennifer Cachon Juchnowicz, Esq. ADDRESS: Cheffy Passidomo, P.A. 821 Fifth Avenue South Naples, Florida 34102 PARCEL I.D. # 00281840005 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this 5 day of July, 2018, by UNITED PARCEL SERVICE, Inc., an Ohio Corporation (hereinafter United Parcel Service, Inc.), as Grantor, whose address is 55 Glenlake Parkway, N.E., Atlantata, GA 30328, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter"Collier County"or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the"parties." WHEREAS, United Parcel Service, Inc. is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" attached hereto (hereinafter referred to as the "property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind United Parcel Service, Inc.; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit "B" (the Easement Property). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. United Parcel Service, Inc., its successors, heirs, assigns and/or transferees, hereby grants a non-exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. Revised 7/28/14 1 16B I 2. No buildings, structures or impediments of anynature maybe constructed, 9 � P placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 3. United Parcel Service, Inc., its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. Revised 7/28/14 2 16B I 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and delivered in the presence of: WITNESSES: UNITED PARCEL SERVICE, INC., an Ohio Corporation A Printed Na e: ; W• kv)t C�.I lei By: Name: Nc.rcr, ��oo�;c�� `�• Title: i\ . Printed Name: 'rap./ -leZ Revised 7/?/14 3 16B 1 STATE OF GEORGIA ) COUNTY OF FULTON ) The foregoing instrument was subscribed, sworn and acknowledged before me this 6 day of July, 2018 by Aaron K0»44`'eK signor of United Parcel Service, Inc., an Ohio corporation, as Asst i rea_suroi and who is personally known to me. N� II,ss�oo / f Q �N T H�'yA• NOTARY P BLIC - �j�. N1SS1pry -/-4%. �f1 i• � a �oTAq` % OZ: Printed Name: Stephen Thompson ;� LTi �•� tn• Q. 'ilfaCbt/N11%CIO Acceptance by Grantee: Attest: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk COLLIER COW TY, FLORIDA • 8 ttest�' I ' i • , Chairperson si43natUre only. 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ZG —0 � G z nrZ, mzmz Comm = � m `D :: ->.- co To co Amz = Tmo � X DCO � D - X � '-< (DOnC� mmm > Awmz p mZW Nm0 CDcoo- 70DC) 00CDO = m �Oz00m mpfTi � � .7) . :i1W :U N -iC °° olm (') � o) -- m fTl . __ 23 I Om mc = (nmr 00 -I : ' Cz � D mm � m � o� m � Oo � D U NSZDrppTD Z -Im0D (n A JZmmzOo znp °° mIZ � fmn = 0rn (mnIO is oirm � mm � �'I O= Z -070 m73 m omz (o • m oomz (n ^1 Z D4'' O 0 � 0 1G 2I DoZ (DZ ` - 0 - -o m� mmm -icom.� mz mo) 0Hzwz nrn z (mi) 01Z --73 7-i 1m 1 � mDU' 0 -{ r rn z (0 (mT1 (=nm0 (mn = cn (z) -4071 -< C) DG) G) m .ZO) mm '�- A NmDC S 5H 0 � m orn zz -Izv m H (--D >0 Hm �J W � (Djl Oz n 1-' 7:1 > zZ X OZNN -A0 -, � --A000 O - E5gl -nzmw9 oma N z � D { z � y -Im66mZrn o6mZ J - zm „ oxmo D � (C oz m� \ �- m JLqoozN) N3 6.) 2! rn m71Zpo -ACDnp = W_- 1 > Dp rZ m NJ Tl C7 C) (o � co 'o --1OCom -I -nO xi co O -' Nm 'n (ommmrnWo Ot=il� = m > rDm m A a 0) - N 71 A O fmTl HZ O H H (Zn 0 O o m ffl O < 71 0 mm m 1 6 B PROJECT: ImmSIP No. 60143 (Eden Gardens) PARCEL: 112DE FOLIO No: 00072920008 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 104 day of 4 2018, by and between NICHOLAS M. GAMEZ, a single man, whose maili g address is 1400 Boxwood Dr., Immokalee, FL 34142-2006, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800. Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non-exclusive Drainage Easement over, under, upon and across the lands described in Exhibit"A" (hereinafter referred to as the "Easement"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS AND CLEAR TITLE - ()whet shall convey the Easement to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a properly executed easement instrument) is hereinafter referred to as the "Closing." Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the Closing Documents, properly executed, witnessed, and notarized where required, in a form acceptable to County. Ft)) 16B 3. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. CURATIVE INSTRUMENTS AND PROCESSING FEES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement. County shall have sole discretion as to what constitutes "reasonable processing fees." 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees. and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 7. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO 9,91ANTY: DATEDVCA" -6 2eI `/S ATTEST: BOARD OF OU COM ERS CRYSTAL K. KINZEL, Clerk_ COLLIER OU Y, e tr: / MilIAL.& gef ttest as to Chairm YtY le ANDY SOLIS, CHAIRMAN signature only. 1 6 B AS TO OWNER: DATED: Witness (Signatur-k NICHOLAS M. GAMEZ A-no, mu-T.( Name (Print or Type) ## Witness (*ignature) Ati Name (Print or Type) Approved as to form and legality: di , Assistan ounty Attorney Last Revised 12/10/2014 16B1 1„ ,. ,0 > t- 0 Fr-- :J..1 - Z tr) 271-1-11-- w ,,,,,i, ',> :s,, •,-,_ `.;' ,--- TuL) ,-", ,- ,.-z - •0 A k... I 1.- < Z "' Z ..,Z \ O• .'"." C. ., ,, L., ,,„ ' I I H a. 0 ,,, , 4., ,-i , 0 \ ,,. Z a :2 c7 a. r:i' ,,,"", b- ,s_ • -• 0,-, , v --. ,,,-7-2,„; e „ cr) 0 lw , 0Lu 2 '5 -.- o z----' \ 1-1-1 1-1-1 z _ .,...., z L.L.1 '" z >- .w. - —< 7,•---.,--- (-6 (pH 1.17 Z ,•t 0 .i a 0 ri,, 2• Z 0 ^ _;•vt 1/ .;)‘ I .,.''.F.-..>".,_.,- • 1 'L — .', i-_P ts",:',z"'''',-7,''B • ,, ,i, -*' `, -5' 0' c•••) c) '5') 1 (7) Z C CLE- 9 Z <'t1-71‹ 1- •,?,i ' i- • - , c""D _., w Li, () 0. 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The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. , jf **NEW** ROUTING SLIPPeCoca:6"A (/�Fi k Lol�'' i Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the doc ent is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Jennifer A. Belpedio, Esq. Asst. County Attorney County Atty. (kV?) County Attorney's Office 2. BCC Office Board of County b� Commissioners \c�/ k cAk-kVt, 3. Minutes and Records Clerk of Court's Office (\°* io\ ; h PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff C.Perry Peeples Phone Number 239-252-8073 Contact/Department Agenda Date Item was February 23,2010 Agenda Item Number 16.B.1 Approved by the BCC Type of Document Donation Agreement- Number of Original 2 Attached Utility Easement Documents Attached PO number or account Account: Fund 408, Cost Center 253212, RECORDING FORM number if document is Object Code 649030, Project—N/A ATTACHED to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial Applicable) 1. Does the document require the chairman's original signature? ,,,,1 P Q 40=. 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency; Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the CPP document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CPP signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on October 25,2016,and all changes made CPP during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24,05;Revised 11/30/12 1 6 u Memorandum TO: Minutes & Records Management FROM: C. Perry Peeples, Real Property Management DATE: October 12, 2018 RE: Jasmine Lake Water Looping The Board of County Commissioners accepted this donation and approved the recording of this Utility Easement in connection with a capital project pursuant to Resolution 2010-39, approved as Agenda Item 16.B.1 on February 23, 2010. Attached is the original Donation Agreement for attestation. Please attest to Commissioner Solis' signature as Chairman on the Donation Agreement. An original Utility Easement and recording form is also attached. Please contact me if you have any questions or comments at Extension 8073. Thank you. 168 _ J i PROJECT: Jasmine Lake Lakes Loop PARCEL: Troct B-1,Jasmine Loke FOLIO: 52595501321 Donation Agreement approved by the BCC Pursuant to Resolution No.2010-39 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement) is made and entered into by and between JASMINE LAKE HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, (hereinafter referred to as "Grantor"), whose post office address is 2335 Tamiami Trail N., Ste 402, Naples, FL 34103, and 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, (hereinafter referred to as "County"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Grantor convey to the County a perpetual, non-exclusive utility easement for utility and maintenance facilities purposes and access over, under, upon and across the lands described in Exhibit "A" (said utility easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Grantor desires to convey the Property to County for the stated purposes on the terms and conditions set forth herein; and WHEREAS, Grantor recognizes the benefit to Grantor and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Grantor shall convey the Property (Exhibit "A") via a Utility Easement to County at no cost to the County, unless otherwise stated herein. 2. Prior to Closing, County shall obtain, at County's sole cost, from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. T 3. Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 4. Grantor is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Grantor represents, to the best of Grantor's knowledge, that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; to Grantor's knowledge, that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Grantor has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Grantor has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Grantor shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Grantor's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s) and any other costs associated with closing. All other costs associated with this transaction shall be borne and paid by County. The cost of a title commitment shall be paid by County. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. _I 6 t 9. Conveyance of the Property by Grantor is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties have caused these presents to be executed as of the dates set forth below. ACCEPTED by BCC pursuant to Resolution 2010-39. AS TO COUNTY: DATED: I ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER COU Y, FLORIDA Circuit Court & Comptroller t-A-R: J � ' _ ��. BY: Ally � ��:as to Gt1 ?�wa` Depu � � _ �- SOLIS, C airman signature or y°. Approved as to form and legality: Jennifer A. Belpe �,�j Assistant County Attorney c� `a\\`Z ce\ (Additional Signature Page Follows) 0 1 613- AS TO OWNER: DATED: Wit ess ignature) Name: CV-0 JASMINE LAKE HOMEOWNERS • (Print or Type) ASSOCIATION, INC., - a Florida not-for-profit corporation Witness (Skgnature) _ By.. Name: ecci 1 Vt )--10 I ( fel (Print or Type) Print: _47,e Title: 7-1Rg.s d ( ) / 1123 1 6 8 1:- TRACT X OVAL WEST UNC ONE so coLNNAGE mo } 4 SO Rao RESERVAINoN PLAT YORK 96 PAGE 74 COUNTY UTIRY EASEMENT PB '6. PG 74 j POB DESC. ; B E S89'10'20'1 10.00' N( TM LP( P5 39. PC 61 // Now*CT ' ! OF TRAB-' 1 I N89'10'20/4 60.53' LOT T 74 POC DESC. — — — _ .�_ -+ SOt'44'0414 21.13' NE coRNER JASMINE LAKE-A loo• OF TRACT B-1 ?u' BOOK 39 PAGE 61 TRACT*A* / NO1'44'04-E 18.48'— "� NORTHERLY TRACT'Si' QUAIL CREEK RIGHT-OF-WAY COMMON MEA, D.E. UNIT FOUR AL-10.32 of TRACT R-1 L.MA, L B.E., P.0 E PLAT 9004 14. PAGE 17 10' RALE R-62.00' / PB 34. KG 6I —6,19'32'00' \ CB-N74'18'4014 \ JABMNdE LAE CIRCLE CH-10.30' TRACT R•1 \ (9/6, AE OE. LMA CuE. PuE) I B DESCRIPTION E A TRACT OR PARCEL OF LAND LYING TRACT '8-'', JASMINE LAKE-A SUBDMSION AS RECORDED IN PLAT BOOK 39, PAGE 61 OF THE 8 PUBLC RECORDS OF COWER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. 1 COMMENCING AT THE NORTHEAST CORNER OF SM) TRACT 'B-'', THENCE N69'10'201W ALONG THE NORTH LINE OF SAID TRACT -8 FOR 60.53 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: ITHENCE 501'44'0414 DEPARTING SAID NORTH LINE FOR 21.13 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT-Of-WAY OF TRACT 1R-1 OF SAIDAND PLAT OF JASMINE LAKE A POINT ON A CURVE. THENCE WESTERLY 10 32 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 62 00 FEET THROUGH A A CENTRAL ANGLE OF 09'32'00' AND BEING SUBTENDED BY A CHORD WHICH BEARS N74'1e'40-* FOR 1030 FEET: THENCE DEPARTING SAID NORTHERLY RIGHT-OF-RAY NO1'44'041, FOR 15.45 FEET TO AN INTERSECTION WITH NORTH LINE OF SAID TRACT 'B-1-; I THENCE 589'10'20"E, ALONG SAID NORTH LINE FOR 10.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; 1 CONTA+NING 197 SOUARE FEET. I+ORE OR LESS. i BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM OF 1983 (2011 ADJUSTMENT) WHEREIN THE NORTH LINE OF THE PLAT OF JASMINE LAKE-A AS RECORDED IN PLAT BOOK 39, PAGE 62. i PUBLC RECORD OF COLLIER COUNTY. FLORIDA, BEARS N8710'2014. i 1 LEGEND EXH I IT Al. • ARC LENGTH Ai - ACCESS EASEMENT CH •• CHORD LENGTH C u E. . comer uTKm (mown CO - CHORD BEARING D.E - DRAINAGE EASEMENT PapOt. 3 DESC - DESCRIPTION P.u.E - PU&,C U'TAm EASEMENT w MST - NST'RUYENT NUMBER 1.6.E. - F AND DISK SER EASEMENT OR - OFFICMi RECORDS BOOK L M A - LAKE 6WS TENANCE ACCESS EASEMENT R P8 - PLAT BOOK y7 8 Ppm : SIT OF GDMMENCEMENT ....- ••'• D • ••••.-. POO - POINT OF BEGINNING I`‘•• 56 V„ • .' •, R = RADIOS • ' 1 - DELTA ANGLE 6 O i;4•v`Y !+ R * NOTES 1 20 fr' ''1f•• v 67`L 3 >j 1 THIS SKETCH IS NOT ASURVEY co., LO 1 2 BEARINGS SHOWN HEREON ARE BASED ON THE STATE PURE COORDINATE T ( d '• SYSTEM, FLORIDA EAST ZONE. NORTH AMERICAN DATUM OF 1903 (2011 TIMOTHY I N {FBF ipicO R ADJUSTMENT) WHEREIN THE NORTH LINE OF THE PLAT OF JASMINE LAE-A AS PROFESSIONAL E RTtF •:E RECORDED IN PLAT BOOK 39, PAGE 52. PUBLIC RECORD OF COLLIER COUNTY. * FLORIDA. BEARS N09'10'20lN. NOT VALID WITHOUT SipaTVRE AND THE 3 THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO ZONING OR ORIGINAL RAISED SEAL OF.A•fl. LICENSED 4 DEVELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL. SURVEYOR AND MAPPER. 117 WIDE COWER COUNTY UTILITY EASEMENT LYING IN TRACT B-1 I616 WI=PYdI D"".a4tBW200 N9pin,F19Ae9 oY r JASMINE LAKE-A SUBDIVISION FAX CUR SECTION 18,TOWNSHIP 48 SOUTH,RANG 28 EAST Le Ns.:55874671 162 COWER COUNTY,FLORIDA ENGINEERING _0. ,._'OBER I o€L•9SCN SEC''OI TOWNSH'P RANCE S:ALF WE DRAWN BY F'IE NAME I SHEET 130063.00.52 1 N/A 1 18 1 485 I 26E 1 1'-20' I6/26118 _ CLS 13.00,52 002 b5D 1 Of 1 168 PROJECT: Jasmine Loge Loop PARCEL: Trod 8-1,Jasmine Loge-A INSTR 5628075 OR 5564 PG 3764 F0.10` 52595501321 RECORDED 10123,2018 12:54 PM PAGES 3 Utiiity Easement Accepted by the CC CLERK OF THE CIRCUIT COURT AND COMPTROLLER BCOLLIER COUNry FLORIDA Pursuant to Resolution No.2010-39 DOC(fi.70$0.70 REC$27.00 UTILITY EASEMENT THIS UTILITY EASEMENT, made and entered into this 1,1. day of , 2018, by JASMINE LAKE HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, (hereinafter referred to as "Grantor"), whose principal address is 2335 Tamiami Trail N., Ste 402, Naples, FL 34103, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COWER COUNTY WATER-SEWER DISTRICT (hereinafter referred to as the "Grantee"), 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, its successors and assigns. (Wherever used herein the terms "Grantors" 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, access and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit A' which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. 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, utility lines and pipes, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. (Signature Page Follows) i 6 B 1 ......_ t WITNESSES: - A: \ ..,....-, .._.:7__/' ' Li _.....,..„ --,..___ . , WitoTO riatyre), Name: /-:,:it',17-, 4-;41(`-71 i ;1 i JASMINE LAKE HOMEOWNERS i (Print or Type) ASSOCIATION, INC., z---4/41.ii7ez /r / -7:Lti,/7, a Florida not-for-Profit corporation Witness ( 9'0 re) —_....7 I i , ,.. Name: .. ,e47z,t / By: i , ti-ti/-„ pie.,- , _.. (.rint or Type) Print: Title: ..ii-').A. it, 'Y./ / (i. STATEOFOF „'') c.i elf,-COUNTY OF OF .„e I 2-LeC, I ,4r, 2018 by _foregoing instr i en was ackrOwlgecl before me 1 ' /0 day of i!.... .. r • _ _L_I ,.....,___. , (LkPiei2.4 ,- , as I1.1.-)• (title) on behalf of JASMINE LAKE HOMEOWNERS ASSOCIATION. INC., who ispersonally known to me or has producedas identification. —... WITNESS my hand and official seal this day day of i: 10 sc„,iiiii)i.: i , 2018, „. (affix notarial seal) \ i't,iiiit•-- i i.,:4c......_...4 _ _.-c., ) (Signature of NotarylPublic) STACY FULIS ' \ , S MY COMMISSION#FF3949969 t,,v,,,;,. _ i t tl.:,,' 1 I EXPIRES:January 2 ,202p 1 4.--** ‘'''' Bonded TAN Navy Pvtic titterwitets IktitL2L__, (Print Name Of otary Public) ... ----------------- NOTARY PUBLIC Serial/Commission: My Commission Expires: Approved as to form and legality. . Jennifer A. Belpedio, c fr 4i))' c r,s.,\.\•4 4° Assistant County Attorney el•O 168 1 TRACT X QUAIL WEST UNIT ONE EC ...'BA NA.3E, ANC +1 ....N;N-, .-.,. E EC 40AD RESERvAtN)."4 P,A' B,;:,:. PAr,S NA ikSE PE; ,e PC 74 P08 DESC S8910'20"E 10.00' %Cl•r. ,,,f 'ti 39 ...,_r_...... I"- - -- I ......... N89*10'20"W 60 53' LOT 174 I POC DESC. / . _ ....., S01'44'04144 2113' NE coRNrk ... ..— , o‘ 'RAc- e • JASMINE LAKEA .,'LA'' BON 39 SAGE 6, --- , TRACT-A ..-- TRACT 11-1' QUAIL CREEK N. „......"_„,...---- NO1'44'04"E 18.48--' '-‘,„ ',.,1`R",4,R,, Or 0,AA C''ENVERs AREA ..c1 4,- UNIT FOUR k ' ...M A ,..9 E r"L,E ;. 't*,ASO" '4 Pa‘sc I* „ - .o. PuE L R=62.00' - Pa 39, PG 61 =9'32'00' \ / CB=N74."18.4,0W \ JASMINE LAKE CIRCLE CH=10.30' TRACT R-1 $ DESCRIPTION z . A TRACT OR PARCEL O$ ,ANL, L- NG "PAT" Fi ' 4A,,..NW,.0 ,.4KE. A VSUN AS RE.0RCED N HAT BUG*. 39, PAGE 15' 8 ,B -C RECORDS OF COLEIEP SODA ,CRDA ANL, SE NC MORE F;AP T 0,,AR-" DI"SC5 BEE' AS COMMENCING AT Ti NOFdTHE A,. CORNER OF 5,AL, "PA. , '9 — -HENCE N89 I D'SC'W A.CNG TEis PiDiOH IONE OF SAO 1 RAc- 'B-1- .7, FOR 60.53 FEET '0 THE POINT 01 BECNNNO, CI, Th' HERE N DESCR15EC PARCEL, '1 THE NCE S01'44'0A W DEPARTING SAFE NOR'}, ,CO FOR 2' 0,!I, ,.H' ,0 AN 54FE RSt GDF.N ',CH 'HE NORDB.R.,' RIGHT OF WAY OF TRACT .4,., R-•1 OF SAID PLAT OF JAEN NE ,AP,I, ,A AND A CON ON A C.,)5M THENCE WESTERLN 'C T.? d F 1,' A. AC, TP.F 4h: .‘, A NCN 'ANC.ENJA., '..- *VE ,1,. '.-It ,,,,',.;- ,Ao.N.,-.. A AA L‘N,,S TO 62 DC FEE'. "'Re 50., : A CENIRAL ANGLE OF C9'3;c.,...— ANT BENC, 5,..9"ENL:i" 9, A C.,17,47) li",,.:., B.E.ARc. os.'4" *4r* FDA 10 30 I t TA,ENCE pEPART`NG SAE tic,R-,-,“, , gi)(,r.,7-OF-AA' Nap"44 04'r E2R '1,14:6 E'ti' 'I:, AN. N'TE,,<;.;(` ON ATM NORT5. _tNE OF SAFD 5 TRACT "B-1". 2 ,..t THENCE 58910.20E, ALONG SAT NOPT, , NE FT R 'P co FEE' "7„ T-F PO 0' 151 DEG 00100 Cr 'HI PARSE 4 DF,SCRIBED HERE,N, CONTAINING 197 SQUARE FEET, MORE OP LESS .:°- a BEARINGS HEREINABOVE MENTIONED ARE BASED UN FHI S"ATE PLANE. CCoRDINA',1 NYSIEM, F„ORiDA EAST /ONE,, NORT5 AMERCAN DATUM OF 1983 (2011 ADJUSTMENT; dv,EREN THE NOR"5 oOE TO ',B.., PLAT CF .„ASWNE ,AE A AS RE,..nRDED ,°•,,, P_AT 9005, 39, PAGE 52, / PuB0C RECORD OF COLLIER ECodd'e FLOR DA BEARS N5,9-`0'2C."A A., 0 :k LEGEND HIT I .A. LLENGTHA E: - ACCESS EA71.V.EN'cH . cmon LENGTH C,„:0, - :0„„,,ii ,',.°, LASEML',' EXHIT CR A CHORD BEAR NG C E. A :14A0NAC,.:;.-' EASLIA#N' P49 6 of - PI ..i PUBL,C t,'L.TY OESC A DESCRIRTON PNAD - F0,5,7, ,,Al AND ,.SA , NST .' NS-RumENT NUMBER BE ., LANDSCAPEEiciriER SEVEN .3. OR ..=. oFFICIAL RECORDS Bobo,. , MA . ,APE MANTENANCE ACCESS EASEVENr , PLAT BOOK I J. 8 0 PC, - PAGE t.. ii .- P0c - RoINT OF COmmiNimo,f ',0„d' • PO8 A. PONT or BEGAN,\G 44" • 0 V *. 'ON % 0* .t R - RADA,5 /T "d' - • 4 " F. "L;EL„'A. 0.0,1 04 .. • -' ---Norre.imAsis.4 ,.. ... . .. . , 67 fs < 2 . a .: / ICA . '''. 4? , Trif,S. SAETC- 2 IS NO' A DDRUE' 1 " /, A.,,C7 L ,,,... do ' ... . ' 2 BEARINGS SHOWN HEREON ARE BASE:. ON 'BE Si Alt KLANt GOORLJ',ALE , , * tr 44 • .. 51'515m, FLORIDA LAST ZONE NORTH AMERICAN ZAILN OF '983 ;2011 tx,.., ,.., PROF ESS,(INAL dr4UPlit.Tt1f< AIN•MAPPE•HI ..., ADJUSTMENT) WHEREIN THE NORTH JOE OF THE PIA' OF JAS55Fdi ,,ARF-A As F',..,ORIDA CERTI;INIVEiviirvNI(0 ..)%614'21,,,„,„.' RECORDED IN PLA' BOOK 39 PAGE 62. RUBLIL, RL L ORD OF OCcot R COUNTY NO- VALID W,t,II.N.1" , #0,1A%,tRt AND 'THE ,t FL OR DA BEARS N89°*C'2C"w ORC NAL PACED .*.‘, A, OP A.C:ORiGA L.ICFNISE,.,, 'H S SK CCH DOES NO" MAKE AN.r REMISS,.EN'AT.C,5., As -5 TUNING ok .Z ,-,,,r,GPmENT RESTRCmONS ON TRE SUBPECT PARC'.E,.. SURVEYOR AND VA0, EP 10 WIDE COWER COUNTY UTILITY EASEMENT ilt5610 www Path Dove Stage 200 LYING IN TRACT B-1 1AX°4°e's7(i239F31°97514:Aair-i5:9675 JASMINE LAKE-A SUBDIVISION : SECTION 18,TOWNSHIP 48 SOUTH, RANG 26 EAST 1.8 No,:6952 COLLIER COUNTY, FLORIDA ENGINEERING 130063,00,52 N/A N/A 18 48S 26E 1"=20° 61126/18 CLS 1 '**63 00.52 002 0 1 '",- 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO b B 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURi Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. County Attorney Office County Attorney Office S 13119 3. BCC Office Board of County W Commissioners \t‘ / / S\15\\c 4. Minutes and Records Clerk of Court's Office 1\145 cA Is/pi 3: (erk PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Sonja Stephenson hone Number 252-5880 Contact/Department Agenda Date Item was February 23,2010/Resolution 2010-39 Agenda Item Number 16B1 Approved by the BCC Type of Document Easement Agreement Number of Original One Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,wit' a-ver is Yes N/A(Not appropriate. Initial A.•licable 1. Does the document require the chairman's original signature? 5 '""` d K X 2. Does the document need to be sent to another agency for addition. ignatures? If ye provide the Contact Information(Name;Agency;Address;Phone)on . .-•-• s eet. X Needs Clerk's attestation 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. X 4. All handwritten strike-through and revisions have been initialed by the County Attorney's X Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. X 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. X 7. In most cases(some contracts are an exception),the original document and this routing slip X should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010(enter date)and all changes _: (1 made during the meeting have been incorporated in the attached document. The (�JS� County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 B 1 MEMORANDUM Date: May 15, 2019 To: Sonja Stephenson, Property Acquisition Specialist Transportation Eng. & Const. Mgmt. From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Easement Agreement — Project #51101 — Lely Manor Branch 11 Canal Improvements Parcel: 142TCE - Folio #55102840003 Attached is a copy of the agreement referenced above, (Agenda Item #16B1) approved by the Board of County Commissioners on Tuesday, February 23, 2010. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment 16B 1 PROJECT: 51101 — Lely Manor Branch 11 Canal Improvements PARCEL(s): 88888 — 142TCE FOLIO(s): 55102840003 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 13+ day of 1'11 a„ , 2019, by and between CYNTHIA L. WHETSELL, whose mailing address is x'16 Pebble Beach Circle, Naples, FL 34113 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the purposes of accessing the Branch 11 Canal to remove vegetation, reshape the canal bottom and restore and fortify with rip-rap the eroding bank immediately adjacent thereto, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CONVEYANCE AND CLOSING DOCUMENTS - Owner shall convey the Easement to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a properly executed easement instrument) is hereinafter referred to as the "Closing." 3. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 1 6 8 1 4. CURATIVE INSTRUMENTS AND PROCESSING FEES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement. County shall have sole discretion as to what constitutes "reasonable processing fees." 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. The term of this Temporary Construction Easement shall commence upon the issuance of Grantee's official Notice to Proceed to its contractor for the construction of the Branch 11 Project No. 51101, and shall automatically terminate one (1) year therefrom. 6. ENTIRE AGREEMENT - Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 7. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO C NTY: 26, DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER CO II' •RIDA Cir uit Court &`COrtptroller 6?) ��. BY: 00.3:). O , BY: Deputy Clerk . ` Wim L. McDaniel, Jr., Chairman Attest as to Chairman's. ; signature only. 168 1 AS TO OWNER: DATED: S---75-i"? O itness (Signature) Cynt is L. Whetsell __ �� C' l v'� z3/2,E , 1c.areI- Name ` t or Type) Witness (Signature) C_04.)41,-tel -barn ot) Name (Print br Type) Approved as to form and legality: Jennifer A. Be . dio O-, \`C` Assistant County Attorney 9 S Last Revised 12/10/2014 0 • d 16B 1 b .. -. �� I±1 �o'' qe v" a m�'C a.-1 d J 8 pp > i \r Ni ~ 1 r ii w r m g _Z o �q oqqy}q[ Jo0 C �in yEH t.E'. past. . O vii. UJ y-'0 w Z� r a. li=ma 67�WIq O r0W Oa .E 3�o3L^ EaN o II �� N w vl .e.eon, .m .i 'Iko ••� 0 oJo mn o OEM o2� e%. o- fl a o ao o a4m3 ,pmt 7 iz ccw -J ( t X30 NO r e &=1n A 4.ZES 4 Eli Cu o f;0 F ¢r w may s = tl E8 t B. S z v, C G 8 co 0 ZU z �o w N w ari) En ddOy oA i _am re w o0E 2 Y `ti" yza u� J ei$ vrj d a Z Z 0O Q E. U l E. 61 till'll ovirnd z Na p O) 3 � N� 4 0 E ii NW p O Oa w < L1• . w N z O w m. c+x C wNap w aQ a o o 2,132 o 2 nil waa a o wmN . w .Nm v .t a 0 Ox �� Y CV # '.d.'.-,,,,,'", d y b ii O .11 6 O ;/ __Q:C coo O O' \ '7 J\ / LL m n W ¢: r :J�'d.��Z N F.i�o,. / oM Z W z0 >a F- UJ UZrn I N _ `- ' — oyZF- cCco W D 0 U / \ \ Q P6- (ZG�, \ \ LL0Zw � �P o' \ \ 0- w / W in Q43.� J M_ 22'... \ < \ W O \ 1-d \ W 3 0- \ N. JO Q L H z Ztr - M M • Q Q U f' '$41/ LLISn• id a Q w ai oo- =o a oam _ / ^ J D lr W J Q _� SP1 U n 1 in Q Lu Tt o° c.., c,Q i� 2P_ U O 2 P v Q- <3at N r'- 1,.1 W 0 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 4 6 B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Si l,C 2. BCC Office Board of County W\_N--\ \c Commissioners \\,(\ 4/ \Zz\ 3. Minutes and Records Clerk of Court's Office +V S(22.11 g LrlYnt PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Cindy M. Erb Phone Number 239-252-8917 Contact/ Department Agenda Date Item was , 1 2-0� I �� -pre-37 Agenda Item Number ` i EJ ) /` Approved by the BCC i Type of Document Number of Original Attached $`` dC 1`�`j L`t"��rt"L'°1fi Documents AttachedI PO number or account Account: Fund , Cost Center number if document is-- .0biect.Code649939;-BriSjecl — to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. i' ,--�' (Initial) Applicable) 1. Does the document require the chairman's original signature? S no 0� ` -- 2. Does the document need to be sent to another agency for additional signatures? If yes N/A provide the Contact Information(Name;Agency;Address;Phone)bn..ai attac eet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be — signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 6 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. — Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 93 'D 10 ,and all changes made during the meeting have been incorporate in the attached document. The County Attorney's Office has reviewed the changes,if applicable. — �� 9. Initials of attorney verifying that the attached document is the version approved by the '-‘",-'s BCC, all changes directed by the BCC have been made,and the document is ready for the t , Chairman's signature. N., ii ' I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 168 MEMORANDUM DATE: May 23, 2019 TO: Cindy Erb, Sr. Property Acquisition Specialist Facilities Management Department FROM: Martha Vergara, Sr. Deputy Clerk Minutes and Records Department RE: Deed of Utility Easement Attached for your records is a scanned copy of the document referenced above, (Items #16B1) approved by the Board of County Commissioners on Tuesday, February 23, 2010. The Minutes and Records Department will keep the original for the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachment 168 Memorandum TO: Minutes & Records FROM: Cindy Erb, Property Acquisition Sp cialist, Sr'., Real Property Management DATE: May 22, 2019 RE: IFAS — Utility Easement This item is being accepted by the BCC under Resolution 2010-39 which was approved on February 23, 2010, Agenda Item 1661. Please attest to Commissioner McDaniel's signature as Chairman on the Deed of Utility Easement. Once attested, please advised when the original Deed of Utility Easement is ready to be picked up. The original Deed of Utility Easement needs to be returned to my attention. Please contact me if you have any questions or comments at Extension 8917. Thank you! 168 1 Form 7 - Rev. 2004 (Utility Easement) Prepared by: Jennifer A.Belpedio,Assistant County Attorney Office of the County Attorney 3329 East Tamiami Trail, Suite 800 Naples, Florida 34112-5749 (239)252-8400 DEED OF UTILITY EASEMENT THE UTILITY EASEMENT(S) (CUEs), are granted and conveyed this ' day of , 2019, by COLLIER COUNTY, a political subdivision of the State of Florida, as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS THE EX- OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, GRANTEE. WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by Grantee, receipt of which by is hereby acknowledged by Grantor, hereby conveys, grants, bargains and sells unto Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, right and privilege to enter upon and to install, relocate, repair and/or otherwise maintain utility system(s) and utility facilities, and/or portion(s) thereof, in, on, over and under the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A," which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee, its successors and/or assigns, together with the right and privilege to enter upon said land to excavate, relocate and/or take and/or introduce materials for the purpose of constructing, operating, relocating, repairing and/or otherwise maintaining the subject utility facilities and/or system(s) or portion(s)thereof, in, on, over and/or under the easement area. Grantor and Grantee are used for singular or plural, as the context allows. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ATTEST: CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA • \. )(\k'Nk .,‘ • ' BY: 642 111121 Atte$t as to Chairman's ,Deputy Clerk Will' m L. McDannie, Jr., Chair n I signature only. Approved as to form and legality: X14 CONVEYANCE BY WM O` ,.; ARO OF COUNTY COMISSetliiink Jennifer A. Belpedi',sistant County Attorney R � •.;CLL1ER COUNTY,FLORIDA, Ci`) t>'' PURSUANT TO THE CVGj� OF RESOLUTION NO. — I . I 1 6 B 9. COASTAL "" CECI Group Services ENGINEERING Coastal and Marine Engineering pr,,, CONSULTANTS Environmental and Geological Services Land and Marine Survey and Mapping (NC. Website:www.coastalengineering.com A CECI GROUP COMPANY COLLIER COUNTY IFAS PROPERTY PROPOSED 15'WIDE COUNTY UTILITY EASEMENT(C.U.E.) LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THAT PART OF SECTION 14,TOWNSHIP 48 SOUTH, RANGE 27 EAST COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14, RUN S 88°10'34" E ALONG THE NORTH LINE OF SAID SECTION 14 FOR A DISTANCE OF 50.01 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD(C.R.846); THENCE ALONG SAID RIGHT-OF-WAY LINES 03°27'47"W FOR A DISTANCE OF 838.45 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE ALONG SAID RIGHT-OF-WAY LINES 03°27'47"W FOR A DISTANCE OF 15.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINES 85°30'34"E FOR A DISTANCE OF 44.50 FEET; THENCE S 04°29'26"W FOR A DISTANCE OF 60.22 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF 39TH AVENUE NORTHEAST; THENCE ALONG SAID RIGHT-OF-WAY LINES 88°08'24"E FOR A DISTANCE OF 15.02 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE N 04°29'26"E FOR A DISTANCE OF 82.86 FEET; THENCE N 85°30'34"W FOR A DISTANCE OF 15.00 FEET; THENCE S 03°27'47"W FOR A DISTANCE OF 8.33 FEET; THENCE N 85°30'34"W FOR A DISTANCE OF 44.77 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 1,918 SQUARE FEET OF LAND. BEARINGS ARE ASSUMED AND RELATIVE TO THE NORTH LINE OF SECTION 14 BEING S 88°10'34" E AS PER LEGAL DESCRIPTION RECORDED IN O.R.BOOK 1439,PAGE 926 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA COASTAL INEERING ULTANTS,INC. FLORID BUSIN .R. '.HOR'.TIO O.LB 2464 RICHARD J.EWING,'V.P. PROFESSIONAL SURVEYOR 31ND MAPPER FLORIDA CERTIFICATE NO.5295 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED,SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER C.E.C.FILE NO.18.110 DATE OF SIGNATURE: s'/Y., 3106 S.Horseshoe Drive.Naples.Florida 34104*Phone(239)643-2324*Fax(239)643-1143*E-mail:info 2cecifl.com 168 1 m:a, 0.-31,) n co .o . =.rs °0000 Cl =o mmo� aaDam o m>—cmcg )( it$ O ' mZz -I Z z0000—I gm m-• zoo r. < zA O Z o2 N m 82 mg= r-mD ��z r7 m '° �� D�A,Om D I C° W IMMOKALEE ROAD oI9 s C.R. 846 -IR z z (100'RIGHT OF WAY) -r.1.1;-, MIm n'g AZD i mei " L1 2-2 '''r35._"' S03°27'47'W 838.45' oyTyO r << A ma^ AO 1'3 Iiii8- r N m ; ra II SO4°29'26W 60.22 m PROPOSED COUNTY UTILITY LS !ZU E UN04°29'26"E 82.86' `Z I O �A*—I p my n Z D � �< Or m ^g+o 0 m Z I r— z %C m ;n z Z 0 0 °0 Z m0 7A 0O R 0 mX • R O�OC me z 7'n—{ m°' Z 0 c m m m p 0'—-.< z< Z Z 2 CO s, G7 —I CA m Z OA °< m c,o,00 ,2-;m, H 80(n0 3ZOi m o0 0 o Dm C � 0 0)0 Z ITI o 7J 0) -HG -m Z z m 73 -I z .< - om� ^I n s i m Z fi € O �m0 Z —0 —I cI m z Cn w E s I z m m' 1 it ,-;,1 c ;IA I m cn D C m m R _ I m 0 - o-m i" > a Or-1ZT-0X m0 DD 0 TI 70 CO0 s mOm�DDmoD rn a w nri m r O m ZOm 50 CZ Z [n Z NCr) (n X vi j m on z C 7 z m 50 j 2 8 c o cn W m ' W i D II C m D o—co ., ca r.i w N w d A CO w momriDxC' x. rti m o m 0 0 vsl>o=z..< z O gi D�2 zmmo. z o D z t 0Dcn- -V OO. A .> m co -I T)ro D (`` �Z• A °' -. a — -1 I— S Z' `X 11 D-D1 0'0 �t -7.i r v w o N o o Z m mmm m m 0 O D co �Em - z m i o D 'm •ch DZ D r N' A 0, A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 B1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUR Print on pint:paper. Attach to original document. The completed routing slip and original documents are to he forwarded to the County Attorney(Mice al the time the item is placed ou the agenda. All completed routing slips and original documents must he received in the(bumty Attorney(Mice no later than Monday preceding the Hoard meeting. **NEW** ROUTING SLIP erec j Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is air 4'd complete with the exception of the Chairman's signature,draw a line through routing lines Ill through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office en 1 7ttio 4. BCC Office Board of County l>J fl Commissioners ql'Z' ICI 5. Minutes and Records Clerk of Court's Office QA 6 a; IIlk PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. l'rimary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Craig 13rown,Growth Management, Phone Number (239)252-2548 Contact/ Department Development Review Agenda Date Item was 02/23/2010 Agenda Item Number See Reso.2010-39 Approved by the BCC _ L Type of Document Conservation Easement Number of Original 1 Attached Documents Attached PO number or account Customer to be notified to pay the Clerk number if document is directly. to be recorded INSTRUCTIONS & CHECKLIST _ Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A (Not appropriate. ^(Initial) Applicable) 1. Does the document require the chairman's original signature? X LRQ 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be X c Q signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the Count>,Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's X ,j-t'F / Office and all other parties except the BCC Chairman and the Clerk to the Board _ '` r D / 5. The Chairman's signature line date has been entered as the date of BCC approval of the X c R 8 document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's X C Rp signature and initials are required. rJ 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on and all changes made during the meeting have been incorporated in the attached document. The County o Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the . BCC,all changes directed by the BCC have been made, and the document is ready for they... ---- k• Chairman's signature. _ ii.Ti,:,,.-���. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 168 1 Chris Lascano From: ColeTabatha <Tabatha.Cole@colliercountyfl.gov> Sent: Tuesday, August 27, 2019 4:33 PM To: Chris Lascano Subject: RE: Compass Place Chris, Your conservation easement documents should be with the clerk of courts at this point. You can contact Teresa Cannon, BMR Senior Clerk II, at clerk of courts for more information on the process. Please let me know if there is anything else I can help you with.Thank you. Teresa Cannon BMR Senior Clerk II Office: 239-252-8411 Fax: 239-252-8408 FL- O IE 0Ob 3(o l Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail E, Suite#401 Naples, FL 34112-5746 www.CollierClerk.com Respectfully, Tabatha Cole Environmental Specialist Development Review Division Phone: 239-252-2681 Colter County How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Chris Lascano<clascano@phoenix-associates.com> Sent:Tuesday, August 27, 2019 3:46 PM To: ColeTabatha <Tabatha.Cole@colliercountyfl.gov> Subject: RE: Compass Place 1 168 1 INSTR 5776891 OR 5683 PG 3116 RECORDED 10/11/2019 3:55 PM PAGES 8 CLERK OF THE CIRCUIT COURT AND COMPTROLLER THIS INSTRUMENT PREPARED BY&RETURN TO: COLLIER COUNTY FLORIDA NAME: Michael E. Boutzoukas,Esq. DOC@.70$0.70 REC$69.50 ADDRESS: Becker 1511 N.Westshore Blvd,Suite 1000 Tampa,FL 33607 PARCEL LD. SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this 2-$ 4day of 1N`'.&.) , 2019, by Audubon Country Club Foundation, Inc., a Florida not for profit corporation, hereinafter " Grantor", whose address is 15725 Tamiami Trail North, Naples, FL 34110, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the"parties." WHEREAS, Grantor, Audubon Country Club Foundation, Inc., is the owner of that certain tract of land located in Collier County, Florida described in Exhibit"A"attached hereto (hereinafter referred to as the "property"); and WHEREAS, Collier County is requiring that this Conservation Easement("Easement") be entered into and recorded in the land records of Collier County to bind Grantor; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit"B" (the Easement Property). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. Audubon Country Club Foundation, Inc., its successors, heirs, assigns and/or transferees, hereby grants a non-exclusive easement to Collier County over and across the property described as Exhibit"B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. Revised 7/28/14 1 168 1 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee;or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. c. All principal and accessory uses and structures provided for in Section VIII of Collier County Ordinance 91-053, the Audubon Country Club PUD, as amended. 3. Audubon Country Club Foundation, Inc., its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land DevelopmentCode. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in Revised 7/28/14 2 16B I any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action, the prevailing party shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. (The rest of this page intentionally left blank) Revised 7/28/14 3 168 1 IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and delivered in the presence of: Witnesses: Grantor Audubon Country Club Foundation, Inc., 12,..., -..C -7Qc) a Florida not for profit corporation Printed Name: 5- �1e.-.(?e-k-rz\ i( ,/ By: ," L.:.� ////1" . Print .,ame: .7 // J `1'!E61lititl Title: _ F ,i e i7! Printed Nam-! 'C rM ' ib STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoi g instrumept was subscribe Qrn and acknpwledged before me this '� y of,)-L( LJAI , 2019, by /)!) F.J Ll1Q,h as aIid.en71- and�n behalf Audubon Country Club Foundation, Inc., a Florida not for profit corporation, and who is personally known to me or [ ] who produced as identification. 41110P . 1 I OTARY PUBLI ,,/ Printed Namef ' ���tit L. 4i'2e/f My Commission Expires: KRISTINE ANN MA' INELLI �O11i PUe�i'' Notary Public-State of Florida Acceptance by Grantee: 4 •_ Commission # GG 286602 - iiilo�; My Commission Expires ,;,n�.' :7 A fila, '',�9;,`, December 25, 2022 ATT:ST.. `' `• BOAR. •l •• 14 COMMISSIO►, RS G,f.Y 4,;K.;KINZ '},. LERKce_____ COLLI • ,•UNTY, LORIDA s _: ty Irl hail��a�n's /lam L. .aniel, Jr., C .irman . s, r3g' Approved -s to form and 1 legali : ok Sally Ashkar Assistant County Attorney CP\I I-EN S-00442\4 ACTIVE: 10718141_2 Revised 7/28/14 4 16B 1 EXHIBIT"A" All of Tract"A",Audubon Country Club, Unit Three—Addition, according to the plat thereof recorded in Plat Book 61, Pages 90 and 91, Public records of Collier County, Florida. Containing 4.75 acres, more or less. 168 1 u 2 c g - 0 8 8 0 G 0 2 0 R _Ig i Gc aa �eae $ eaa,e di„x, LLdh 7 .2 Y n C - k. k g q 4 - V '1',, q Nrf9'3e•w "6.19' i 4.�. 8 „ &y y k 1 g Y a 4 Y a ei g R _i ~ P�e X `Se^n K b 41 N h '� S� �{ i 'd� 4 �C g 3 4" '`i y A 45 A # . ,�y5 w/` ao gi. tyx� a t ; y ^.:3- 88 ro ; Kgk . q � 4.• t : 1 41 0sfrax N. \ Q tT • — , X * 444 4S ° i 0 ` ` ti 4g N °k ? � OIL.018 N 13.42 65 O' i2:7,, E .91011 g . 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( _ > v 75 D); '% ��. tj m z m N a m o n o z m 0 A Ni m D En ' G:\SURVEY\PROJECT SURVEY 2016\92 - AUDUBON BOARDWALK\SURVEY\ 16-92-CEI.DWG Cn m O Cn () O _ mmDmmD 1 6 B„,1. n Pi _ _ _ m o m 75 vim, w ti m on���� � �a �� r — ry % � � m Jet, - `c I��y�z ' � � Z A-1 F.: >y 2 ^� N m n rn w cco cVn ro n �c Z 1 r*, ` o = v o cn 0 :C :-..1 O N Si,O O on OxSm O c z n y N 2 mZ7 o_„ t- Co ~• ,3 OW0 U •_ � LJ cz z= O T� GI Z v _ ? C O VO-, O V f�j O N r- r- r- r , r r r- r- r- r- C C7 Z< ~' N ai 1 °inti o0i �+ ti O co v rn U a c.. ry ,. -1 c , O • =,C °. ecoowa m zom • _ o 1. � v� zzzzzzzzzz r Boz II C Z. . _ o°V° a � � R1 vrnc4' ac n CO0LI �vD 9rn�� otiom �ticw» � rtirN) OD01 � D ��0 O o c v o o rn A m m m m m r o d COOW ACJ Q, ,.S-' g' N !v ti CA ? 00 ti OaCO03Aa coCO O0O 'O `,, NCO Ul tiUp m a,— c., o a • W o v •2 T Cr _ ? n m = C rn -, -n'i r �0 �� A = J -d.. s r a o a 81 n; r cD ^,) o m N > o c.0 c y c _ m -- X :,t. � PcJ "t 03 (n : -- c CO I. 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If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#I through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office u /(91‘9 C 4. BCC Office Board of County Commissioners \ / `\ Z\\ \ 5. Minutes and Records Clerk of Court's Office ,`1Lle\� PRIMARY CONTACT INFORMATION +� ' Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Erin Josephitis,Growt Management, Phone Number (239)252-2915 Contact/ Department Development Revie / Agenda Date Item was 02/23/2010 Agenda Item Number Sete soo..2010-39 f% Approved by the BCC �/ Type of Document Conservation Easement Number of Original 1 Attached Documents Attached PO number or account Customer to be notified to pay the Clerk number if document is directly. to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? X F'"� k 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name; Agency; Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be X signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's X rX Office and all other parties except the BCC Chairman and the Clerk to the Board l,J 5. The Chairman's signature line date has been entered as the date of BCC approval of the X document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's X t1 signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on and all changes made A during the meeting have been incorporated in the attached document. The County i� lrrle)fltTsyrii Attorney's Office has reviewed the changes, if applicable. '�, 9. Initials of attorney verifying that the attached document is the version approved by the <l� r BCC, all changes directed by the BCC have been made, and the document is ready for t e tt oi#464 , ` Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 B J. OFFICE OF THE COLLIER COUNTY ENVIRONMENTAL SERVICES SECTION INTEROFFICE MEMORANDUM TO: Board of County Commissioners of Collier County FROM: Erin Josephitis, Environmental Services Section DATE: 11/12/2019 RE: Acceptance of Conservation Easement Attached is a Conservation Easement for Magnolia pond Residences. In accordance with Resolution No. 2010-39, approved by the Board of County Commissioners on February 23, 2010 under Agenda Item No. 16B1, I am requesting that if this Conservation Easement is acceptable, please sign or stamp as to approval of this Conservation Easement, and forward it, along with the attachments, to the Clerk for attestation and recording. Thank you for your consideration of this matter. If you have any questions, feel free to contact me at (239) 252-2915. Attachments Routing Slip Conservation Easement Clerk of Circuit Court's Information Sheet Site Visit Report 1 6 B �. OFFICE OF THE COLLIER COUNTY ENVIRONMENTAL SERVICES SECTION INTEROFFICE MEMORANDUM TO: Clerk to the Board, Board Minutes and Records FROM: Erin Josephitis, Environmental Services Section DATE: 11/12/2019 RE: Attestation and Recording of Conservation Easement Attached is a Conservation Easement for Magnolia Pond Residences, which has been approved by the Board of County Commissioners. Please attest as usual and hold the original documents until the applicant provides payment for recording. Then forward the packet to the Recording Department. Thank you for your assistance in this matter. Please send me a copy of the receipt via interoffice mail. Please send an email to Erin.Josephitis@icolliercountyfl.gov when the easement has been recorded. If you have any questions, feel free to contact me at (239) 252-2915. The following agent will be paying the recording fees: James A. Carr, P.E. Agnoli, Barber & Brundage, Inc. 7400 Trail Boulevard, Suite 200 Naples, FL 34108 (239) 597-3111 Attachments Routing Slip Conservation Easement Clerk of Circuit Court's Information Sheet Site Visit Report 1 68 . INSTR 5802270 OR 5705 PG 522 RECORDED 12/12/2019 8.38 AM PAGES 8 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA DOC@.70$0.70 REC$69.50 THIS INSTRUMENT PREPARED BY& RETURN TO: NAME:Agnoli,Barber& Brundage,Ina ADDRESS: 7400 Trail Blvd,Suite 100,Naples,FL 34108 PARCEL LD.#: 00296520006 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this day of < , 2019, by MAGNOLIA NAPLES APARTMENTS, LLC, a Delaware limited liability company, as Grantor, whose address is 477 S. Rosemary Avenue, Suite 301, West Palm Beach, FL 33401 "Grantor", to Collier County, Florida, a political subdivision of the State of Florida (hereinafter"Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the"parties." WHEREAS, Grantor is the owner of that certain tract of land located in Collier County, Florida described in Exhibit"A" attached hereto (hereinafter referred to as the "property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind Grantor; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit"B" (the Easement Property). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. Grantor, its successors, heirs, assigns and/or transferees, hereby grants a non- exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. Revised 7/28/14 1 1 6 B I 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 3. Grantor, its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. Revised 7/28/14 2 1 6 B 1 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. Revised 7/28/14 3 1 6 8 1 IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and delivered in the presence of: Magnolia Naples Apartments, LLC P'ted Name: J cssc WO cp pr l By: TRG Magnolia Member, LLC Its • : : lr. *'"_�— } . / ' By: '; A /` (' ,-- - William . Fabbri Pfinted Name: '�ar c., . (r) )t•LI U Executive Vice President STATE OF FLORIDA ) COUNTY OF PALM BEACH ) -che foregoing instrur, a as subscribed, sworn and acknowledged before me this 1� day of U , 2019, by Willliam T. Fabbri, the Executive Vice President of TGR Magnolia Member, LLC, a Delaware limited liability company, the Sole Member of Magnolia Naples Apartments, LLC, a Delaware limited liability company, on behalf of the companies. He is*- e'rsonally known t• me or [ ] who produced_as identification. �. -. ,/� �,�rye c State of F! .0,_ / �rntart ,/_ / • sion GG 23u c 1812022 NOTARY PUBLIC Printed Name: I Aat -I STij{€2`T' My Commission Expires:et �� app Notary Public State of Floric'a Leah N Stewart +� • My Commission GG 2392 4, �ja�i Expires 07/10/2022 Acceptance by Grantee: h n} ATTEST,• BOARD OF CO TY COMMISSIONERS Crystal , Kinzel, CLERK COLLIER Co 4 .' IA ) -"' 111 iromil .._ ` ,� �- I._ ..... Deputy,Clerk;-` " / William L. 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All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIPItOf:Kai CW94.1,9090 Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the docu nt is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 3. County Attorney Office County Attorney Office 4. BCC Office Board of County 6,3A1 Commissioners11 5. Minutes and Records Clerk of Court's Office J OP a` ZDV PRIMARY CONTACT INFORMATION II Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Michelle L.Sweet Phone Number 252-6027 Contact/ Department Transportation Engineering-ROW Agenda Date Item wasAgenda Item Number Approved by the BCC 21 2,31 ' o 62,01b- 35 Type of Document p Number of Original Attached oC t.b a.r, ALtvr' 06 t4.LIs Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 5-144 P O v< NO'S 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. '/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's It ii Office and all other parties except the BCC Chairman and the Clerk to the Board N/f' 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. /p Some documents are time sensitive and require forwarding to Tallahassee within a certain / time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC onLkila (enter date)and all changes made is ria during the meeting have been incorporated in the attached document. The County 1/5 +pti Attorney's Office has reviewed the changes,if applicable. lin 9. Initials of attorney verifying that the attached document is the version approved by the is not BCC,all changes directed by the BCC have been made,and the document is ready for the - 0.5t .Jopti' Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 468-1 INSTR 5825928 OR 5725 PG 1013 RECORDED 2/6/2020 4:47 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER PROJECT: 60143 Immokalee Stormwater Improvement Project COLLIER COUNTY FLORIDA REC$27.00 SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS !o¢r THIS AGREEMENT,entered into this OO day of NJU 2/h,201/9,by and between COLLIER COUNTY,a political subdivision of the State of Florida,hereinafter called the "County", and IMMOKALEE WATER AND SEWER DISTRICT, an independent special district, whose mailing address is 1020 Sanitation Road, Immokalee, FL 34142, hereinafter called "Utility". WITNESETH: WHEREAS,the Utility presently has an interest in certain lands that have been determined necessary for stormwater management and drainage purposes; and WHEREAS,the proposed use of these lands for stormwater facility purposes will require subordination of the interest claimed in such lands by Utility to the County; and WHEREAS,the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of- way to prevent conflict between the County's use and the Utility's use,and for the benefit of each,and WHEREAS the County, in recognition of the Utility's interest in the certain lands, is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit"A", attached hereto and made a part hereof, NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and the County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto and made a part hereof,to the interest of the County,or its successors,for the purpose of constructing,improving,maintaining and operating stormwater facilities over,through,upon,and/or across such lands,based on the following: NATURE OF ENCUMBRANCE DATE RECORDED BOOK,PAGE Easement 1/29/82 957/449 Easement 12/1/80 899/515 Easement 4/29/81 920/581 Easement 6/1/81 922/1975 Easement 10/24/80 890/1367 The County and the Utility further agree that: 1. "Public right-of-way", as used herein, shall mean that area which is described in Exhibit "A" and which includes the Utility's easements identified above and additional lands for public right-of-way,as described in Exhibit"A",attached hereto and made a part hereof. 2. The Utility shall have the right to construct,operate,maintain,improve,add to,upgrade,remove,and relocate facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right-of-way will be subject to prior approval by the County. 3. The County shall pay for the relocation of existing facilities.In addition,the Utility retains the right to be reimbursed, either now or in the future,for additional relocation or adjustment of its facilities located presently or to be located on the public right-of-way described in Exhibit "A", if such relocation or adjustment is caused by present or future uses of the right-of-way by the County or its assigns, including, but not limited to, the cost of acquiring replacement easements. 4. The Utility shall have the right to enter upon the lands described in Exhibit"A"for the purposes outlined in Paragraph 2 above,including the right to trim such trees,brush,and growth which might endanger or interfere with such facilities. The County shall provide and insure access to said lands by the Utility. 5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage resulting from the Utility exercising its rights to construct, operate,maintain, improve, add to,upgrade or remove its facilities on the said public right-of-way. 6. This Agreement shall not be assigned by the County except to the State of Florida. 168 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. ATTEST: tlC1100CIO '' BOARD OF COUNTY COMMISSIONERS CRYSTAL I%' NZEL; &epk of the COLLIE COUNTY,FLORIDA Circuit C€S r(&Comptroller, , . r BY: r erk Aest as to Cipirman't��, , .e ' Burt L. Saunders 7 Chairman Q GG` Signed, sealed and delivered gyp. " 02,° IMMOKALEE WATER& SEWER DISTRICT in the presence of: oQc `\'L c�3 By: BY: JOS H ElltI4 CHAIRMAN Print Name: t lib., •. , 4© By: D42 y . „D• Print , e: (Corp. Seal) Nil " STATE OF FLORIDA, COUNTY OF COLLIER t'41111 I hereby certify that on this day,before me,an officer duly authorized to take acknowledgements,personally appeared JOSEPH BLUSTER, to me known and personally known to me to be the person described in, and did not take an oath and who executed the foregoing instrument as the Chairman of IMMOKALEE WATER AND SEWER DISTRICT and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation. WITNESS my hand and official seal in the County and State aforesaid this20 day of ° Spt6,a20(12. (affix notarial seal) , (Signature of otary ' blic) 00 'e —— — — — —— a ai— (Print Name of Notary Public) 4 EVA J DEYO V',_°� �• Notary Public-State of Florida is Commission>t GG 334917 Serial/Commission#(if any): ' ?'or 4'` My Comm.Expires May 29,2023 I Bonded through National Notary Assn. My Commission Expires: Approved as to form and legality: Jennifer A. Belpedio LJ' Assistant County Attorney N,N 2 EXHIBIT A 16B i Page...L.oit....1........ 1 J, _ . _ _ . 7 . , 445` I- I • a O { a 2 i °n m ! I o °m { m 14,, o • - _ - +.', L . _, , . T•� 1 (------ p, 1 �� yyy��� ..., ;, I , I ....... „ 1 L ,:i. ... I m arn i go I y { ko Iv _ . _ _ . _ . _ _ . _ _ . _ 1 . _ _ . _ _ . _ El m0 Ssl—i=•'1 H ° 3/1180 OOOMX08 • I WI 1) I I S kl 440 1i 20c 1 I ii MH m 1 A - - — T • - - • - - • - -i I a.R m I o . I rot —I I A . mVif I I (--ii b m I kilI I ):1 I , ; y IEn E� oiZ t —z I �� s o / i . / t.4 Ir _ . _ _ . _ _ . _i . _ • _ _ • _ _ . _ _ . _ _ . L-- _ . _ _ i I . _3N=NO/UV= Al elatiklYek ;� CLIENT. ` REVISIONS EN GARDEN BYPASS DRAINAGE DELAD SIGNED: 4 DEDEIMPROVEMENT COLLIER COUNTY DRAWND O P V E^( �^!�'.71 PROJECT PLANNING ASo O .Hm EN�1NE RIIVV SOUTH HORSESHOE DRIVE ...GED BY: SHEET TITLE: NAPLES,FL JLD CIL �� 4365 Retl'w Roatl SUAR 201 34104 ��DE Naples,Flortle 34104 EASEMENT EXHIBIT PROJECT NO.: R Tau9Rmu S i^ P:2394346060 F.239 434 -14SA MR P1 a 2 CarP.m'CenawPaYnxw No C00.66 i wrt. OESCRIP71011 NAL DOCUMENTS CHECKLIST & OUTING S ORTOIACCOMPANY ALL ORIGINAL DOCUMENTS SET TOLIP „ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 3pd p u U 4. BCC Office Board of County b 5.a S'� Commissioners .� 16 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jay Malamphy Phone Number 8402 Contact/ Department Agenda Date Item was February 23,2010—Resolution 2019-39 Agenda Item Number 16B1 Approved by the BCC Type of Document Donation Agreement Number of Original Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? SA,q Q v< N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! _ 8. The document was approved by the BCC on July 9,2019 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised`2.`24.05;Revised 11/30/12 1 6 B . MEMORANDUM Date: March 23, 2020 To: Jay Malamphy, Property Acquisition Specialist Facilities Management Department From: Martha Vergara, Sr. Deputy Clerk Boards Minutes & Records Department Re: Donation Agreement Attached is one (1) original as referenced above (Item #16B1), approved by the Board of County Commissioners on Tuesday, February 23, 2010. The Minutes & Records Department has kept an original agreement for the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachment Memorandum 1613 . TO: Minutes & Records Management FROM: Jay Malamphy, Real Property Management DATE: March 17, 2020 RE: Logan Landings Resolution 2010-39 was approved under Item 16B1 on the February 23, 2010 Agenda and allows for the Board's acceptance of donated easements or fee simple parcels in connection with the development commitment requirements of any and all ordinances, or in fulfillment of obligations pursuant to agreements, development orders, site development plan requirements or stipulations, or an may be required for the construction of any capital improvement project. Ordinance 17-45 which was adopted on December 12, 2017, includes a PUD Commitment for a utility easement on certain property owned by Immokalee Road Associates, LLC. Please attest to Commissioner Saunders' signature as Chairman on the Donation Agreement ("Agreement"). Once the attestation is complete, please email me a copy of the fully executed Agreement. Please contact me at x8402 if you have any questions. Thank you 1 6 B 1 PROJECT: Logan Landings ADDRESS: 2240 Logan Blvd N PID: 00194880000 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between IMMOKALEE ROAD ASSOCIATES, LLC, a Florida limited liability company(hereinafter referred to as"Owner"), whose mailing is 1600 Sawgrass Corporate Pkwy., Suite 400, Sunrise, FL 33323, and 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, (hereinafter referred to as the "County"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH WHEREAS, County has requested that Owner convey to the County a perpetual, non-exclusive utility easement for the purpose of utilities and maintenance over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County. NOW, THEREFORE, in consideration of these premises, the sum of Ten ($10.00) Dollars, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via a Utility Easement to County at no cost to the County, unless otherwise stated herein. 2. Prior to the date of closing (the "Closing"), Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the Public Records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless the Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. Page 1 of 4 16B 1 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and agrees to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment and title insurance policy, if required, shall be paid by County. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) Page 2 of 4 166 1 11. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the parties have caused these presents to be executed the dates set forth below. AS TO COUNTY: Dated: (14rcli )31 o`001 v BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY ATTEST: AND AS EX-OFFICIO THE GOVERNING Crystal K. Kinzel, Clerk BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT t ) ,L B Y Attest as to Chairman s ,Deputy Clerk vi non4 Chairman signat. re nr'`',=, AS TO OWNER: IMMOKALEE ROAD ASSOCIATES, LLC WIT SSES: a Florida limited liability company W4e, iit By:_.____• .---/ j P WI ness ( ignature) A Name: C,lo ., r 1xVJ4 Print: h4,n Fank- (Print) c/ / � A Its: V l cx wi.b. d.n+ Witness (Sige) [�/ Name: g«11Aviv (Print) Approved as to form and legality , Jenni )-CKAA. Belpedio ,A%Want County Attorney Page 3 of 4 1 6 B I. EXHIBIT "A" Description and Sketch of the Property (See attached two (2) pages) Page 4 of 4 163 1 RHODES et-RHODES LAND SURVEYING, INC 88100BONITA GRANDE DRIVE SUITE 107BONITA SPRINGSS,FG 34136 PHONE(239)4058166 FAX(239)40. 8163 P.U.E. LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 28,TOWNSHIP 48 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 28,TOWNSHIP 48 SOUTH, RANGE 26 EAST;THENCE RUN ALONG THE NORTH LINE OF SAID SECTION,SOUTH 89°58'22"EAST,A DISTANCE OF 390.37 FEET;THENCE SOUTH o0°01'38"WEST,A DISTANCE OF 166.85 FEET;THENCE SOUTH 45°37'16"WEST,A DISTANCE OF 28.32 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, THENCE SOUTH 00°07'37"EAST,A DISTANCE OF 3745 FEET TO A POINT OF CURVATURE;THENCE SOUTHERLY,211.16 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE WESTERLY,HAVING A RADIUS OF 2,486.50 FEET,THROUGH A CENTRAL ANGLE OF 04°51'57"AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH o2°18'21"WEST,211.10 FEET;THENCE SOUTH 05°21'54"WEST,A DISTANCE OF 55.29 FEET;THENCE SOUTH 17°32'26"WEST,A DISTANCE OF 52.87 FEET TO A POINT ON A NON-TANGENTIAL CURVE;THENCE SOUTHERLY,329.09 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE WESTERLY,HAVING A RADIUS OF 2,476.50 FEET, THROUGH A CENTRAL ANGLE OF 07°36'49"AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 11°01'30"WEST,328.84 FEET TO A POINT OF REVERSE CURVATURE;THENCE SOUTHERLY,186.93 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE EASTERLY,HAVING A RADIUS OF 2,117.54 FEET,THROUGH A CENTRAL ANGLE OF 05°03'28"AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 12°18'10"WEST,186.87 FEET;THENCE NORTH 87°49'2o"WEST,A DISTANCE OF 15.13 FEET TO A POINT ON THE WESTERN RIGHT OF WAY LINE OF LOGAN BOULEVARD.THENCE NORTH FROM A POINT ON A NON-TANGENTIAL CURVE; THENCE NORTHERLY,190.25 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY,HAVING A RADIUS OF 2,132.54 FEET,THROUGH A CENTRAL ANGLE OF 05°06'42"AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 12°16'34"EAST,190.19 FEET TO A POINT OF REVERSE CURVATURE;THENCE NORTHERLY,328.45 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE WESTERLY,HAVING A RADIUS OF 2,461.50 FEET,THROUGH A CENTRAL ANGLE OF 07°38'43"AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 11°00'33"EAST, 328.2o FEET;THENCE NORTH 17°32'26"EAST,A DISTANCE OF 52.62 FEET;THENCE NORTH 05°21'54"EAST,A DISTANCE OF 53.61 FEET TO A POINT ON A NON- TANGENTIAL CURVE;THENCE NORTHERLY,209.81 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE WESTERLY,HAVING A RADIUS OF 2,471.50 FEET, THROUGH A CENTRAL ANGLE OF 04°51'50"AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 02°18'18"EAST,209.74 FEET;THENCE NORTH 00°07'37"WEST,A DISTANCE OF 22.84 FEET;THENCE NORTH 45°37'16"EAST,A DISTANCE OF 20.94 FEET TO THE POINT OF BEGINNING. 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All completed routing slips and original documents must be received �the County Office no later than Monday preceding the Board meeting. !// **NEW** ROUTING SLIP I Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the docum is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney OfficeC6)4)- 3 i I LI Lc) 4. BCC Office Board of County la -\k i 3/J,�6 Commissioners J 5. Minutes and Records Clerk of Court's Office \(\k/ -)11q200.0 ta:55 fk PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Tabatha Cole,Growth Management, Phone Number (239)252-2681 Contact/ Department Development Review Agenda Date Item was 02/23/2010 Agenda Item Number See Reso. 2010-39 Approved by the BCC 4-'6.-1 Type of Document Conservation Easement Number of Original 1 Attached Documents Attached PO number or account Customer to be notified to pay the Clerk number if document is directly. to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial Applicable) 1. Does the document require the chairman's original signature? X 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be X ^ signed by the Chairman,with the exception of most letters,must be reviewed and signed .7_,...) by the Office of the County Attorney. . 4. All handwritten strike-through and revisions have been initialed by the County Attorney's X Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the X tO document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's X e signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of xour deadlines! 8. The document was approved by the BCC on ?-103 'eb and all changes made 4:44146. during the meeting have been incorporated in the attached document. The County 411.411 `iII®a d k'.' Attorney's Office has reviewed the changes,if applicable. . t 1 4. 9. Initials of attorney verifying that the attached document is the version approved by the . ®e jF� 1, BCC, all changes directed by the BCC have been made,and the document is ready for the .'k C. ,.0=0f0 . Chairman's signature. ditdI,63i I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 8 1 INSTR 5849659 OR 5745 PG 2825 RECORDED 3/31/2020 10:42 AM PAGES 11 CLERK OF THE CIRCUIT COURT AND COMPTROLLER THIS INSTRUMENT PREPARED BY&RETURN TO: COLLIERCOUNTY FLORIDA NAME. DOC@.70$0.70 REC $95.00 ADDRESS: PARCEL I.D. # SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this 1041" day of Mar CAA , 20 O, by Naples HMA, LLC, as Grantor, whose address is 310 25th Avenue N, #305, Nashville, TN 37203, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the "parties." WHEREAS, Naples HMA, LLC is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" attached hereto (hereinafter referred to as the "property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind Naples HMA, LLC; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Exhibit"B" (the Easement Property). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. Naples HMA, LLC, its successors, heirs, assigns and/or transferees, hereby grants a non-exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, Revised 3/4/2020 [11-ENS-00442/568406/1] 1 1 6 8 1 shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 3. Naples HMA, LLC, its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. Revised 3/4/2020 [11-ENS-00442/568406/1] 2 1 6 3 1 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and delivered in the presence of: n NESSES: Naples HMA, LLC P ed Name: Zea-me, l�C�vJO�Wo,r- By: Pri ted Name�1� / i. -t � Scott Lowe, CEO of Physicians Regional Medical Center- Pine Ridge (Signature authorization attached) Revised 3/4/2020 [11-ENS-00442/568406/1] 3 1 6 8 1 STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrument was subscribed, sworn and acknowledged before me by means of [4 physical presence or [ ] online notarization this .5-- day of M A-R,C 4 , 2020, by Scott Lowe as CEO of Physicians Regional Medical Center- Pine Ridge on behalf of Naples HMA, LLC and who is [$] personally known to me or [ ] who produced as identification.__ _______ per{J DANIELS-1 . airy COMMISSION#GG 336668' , ©(AIRES: 4,2023.. Bonded TMti NotasYPu°"`• NOTARY PUBLIC Printed Name: . , • My Commission Expires: (. (, r-) ,2?(-,_2 - Acceptance 2?l-,_ _Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: 134Y-/...Al.e.".40.-- Deputy Clerk Burt L. Saunders, Chairman Attest as to Chairman's signFtu e only. Approved as to form and legality:, Sally A. Ashkar Assistant County Attorney CP\11-ENS-00442\4 Revised 3/4/2020 [11-ENS-00442/568406/1] 4 168 1 ...m EXHIBIT gig :62' 2ig12.9t; 6 61 3!; 2 • ; ?.4 q gt, 2 i'.;; g li 2 Eg fiS 2 '2:g 11 'gg 2 FIE g;', iEi i OR gi ,i'ElM:EP .;.,. 7. 9 o og 1 r,o. ; '4,4 ,g-, l'.t1R,t,siA .0 /... • 2 2 .0 E 6 :g 5g g! g. 1 2 gf '-'" 2'21 g; 6tfigg6A a 2 .6 ggg . g 22 gE gg 22 1 g2 f ;2 2 gF!"' gg SgcnOc alX ip 0.`,. i i !! •i EA cs'1, A i 0 ilE Pi 4g.i-ii' i il ili 1 1 4 N , i ;' , ;71 OD i 2 s 5 ;', 8 E ;,' i* A . . Gg " E ,1 66 A '"f ? A = A .! g5g 2 gg g 2 2-'; 2 , °2 ' 0 ' ' 2 i .411 -,-- g g t - =3 - giE 21 6 E 2 22 A c S ;2 g gsl Eg 6 R ! ! it " io ".' 'E '' g 4 ' ' ..> iT' T 2 g ! g A Sg Ag E. 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RJE 29 AND 30 OM 12OF LANDS LOCATED IN SECTION 17.TOWNSHIP 455025-I RANGE 'EC. ,,r;;‘,.; 114101,E,22243-2324 in:mg,ii, 26 EAST COLLIER COUNTY,FLORIDA. MAO NO. 12 124 i CUP ES E.MAII in14444011.com REF.40. 19.124-ALTA 40. DATE GO REVISION 0E9E1911..11 1 68 1 ppCOASTAL CECI Group Services ENGINEERING Coastal and Marine Engineering CONSULTANTS Environmental and Geological Services INC. Land and Marine Survey and Mapping Website: www.coastalengineering.com A CECI GROUP COMPANY EXHIBIT "B" PRH MEDICAL OFFICE BUILDING PROPOSED CONSERVATION EASEMENT LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THAT PARI' OF TRACT 10, GOLDEN GATE ESTATES, UNIT NO. 33, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 60, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 10, RUN SOUTH 89°30'51" WEST ALONG THE SOUTH LINE OF SAID TRACT 10 FOR 300.00 FEET; THENCE LEAVING SAID LINE NORTH 00°29'28" WEST FOR A DISTANCE OF 84.91 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00°29'28" WEST FOR A DISTANCE OF 92.54 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THOSE LANDS RECORDED IN OFFICIAL RECORDS BOOK 850, PAGE 1597 OF SAID PUBLIC RECORDS AND THE BEGINNING OF A NON-TANGENT CURVE; THENCE 34.60 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 650.00 FEET, A CENTRAL ANGLE OF 03°02'59", A CHORD DISTANCE OF 34.59 FEET, BEARING NORTH 31°13'11" EAST TO A POINT OF COMPOUND CURVATURE; THENCE 129.32 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 200.00 FEET A CENTRAL ANGLE OF 37°02'54" AND A CHORD DISTANCE OF 127.08 FEET, BEARING NORTH 51°16'37" EAST TO A POINT OF TANGENCY; THENCE NORTH 69°48'18" EAST FOR A DISTANCE OF 129.14 FEET TO A POINT OF CURVATURE; THENCE 7.30 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 208.37 FEET, A CENTRAL ANGLE OF 02°00'31", A CHORD DISTANCE OF 7.30 FEET, BEARING NORTH 68°48'03" EAST TO A POINT OF NON-TANGENCY; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 00° 29' 23" EAST FOR A DISTANCE OF 19.70 FEET TO A POINT OF CURVATURE; THENCE 3.24 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF 37°08'54" AND A CHORD DISTANCE OF 3.19 FEET, BEARING SOUTH 19° 03' 50" EAST TO A POINT OF TANGENCY; THENCE SOUTH 37°38'17" EAST FORA DISTANCE OF 10.31 FEET TO A POINT OF CURVATURE; THENCE 3.16 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF 36°10'29" AND A CHORD DISTANCE OF 3.10 FEET, BEARING SOUTH 19° 33' 02" EAST TO A POINT OF NON-TANGENCY; THENCE SOUTH 01°25'09" EAST FOR A DISTANCE OF 212.85 FEET; 3106 S. Horseshoe Drive.Naples.Florida 34104* Phone(239)643-2324* Fax(239)643-1143 * E-mail: info a cecifl.com Ne I of3 1 6 B I COASTAL ENGINEERING CONSULTANTS, INC. EXHIBIT"B" PRH Medical Office Building Legal Description THENCE SOUTH 89° 30' 02" WEST FOR A DISTANCE OF 258.11 FEET TO THE POINT OF BEGINNING; THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 49,828 SQUARE FEET OR 1.14 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO. LB 2464 im RICHARD J. EWING, V. PROFESSIONAL SURVEYOR AND MAPPER FLORIDA C I;I 'ICAT L NO. 5295 NOT VALID WII'HOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO. 19.124 DATE OF SIGNATURE: / 2 2 - Z o 2-0 3106 S.horseshoe Drive.Naples.Florida 34104•Phone(239)643-2324 Fav(239)643-1143•E-mail: info ii ceciti.com SERVING, FL_O,RiOA SINGE :19: 3 VZU61 ON 311J I ` do ` 1331-IS Zw I INTERSTATE 75 I COO C I— A= g),'.;Zomo D° -•zc a 2 OAKES BOULEVARD w� oo cnZcnLN ax cm, (P.B. 7, PAGE 60) m zi• cn 7 L1 cc,2 m D Z$ coco Z m �y O m 111 >mo -N 0 13O O O� �2 O rWO -10 _ rn m> C`n^ • ZZD CD Q DD O03 _ O O - , 'C° m\7< c O D 0 o zoo W mmQ Dallo � m �7 �0�� Dc00Ii � m (4) ,q -I O - r- p TI C7 In D D .ZJ m Z O ., U) T n v ,cDnoCC 0 m p '� O cn D ° mDo mO O ^' < d7 O W (nC 0 0 G) p Z m m m iU xm -<_mO D - m z D Z i W D DOm° 0 C zcnm O-� mmm H - XG) > G) ��ww o>c1, O < D p -' 000 I n 171 ap , ,g. o = m o _ oos•T°, F>mzm H W < Z z m m m m m -I � ti ���� I O DZ p -m-i I -1ccoor0 33wA ocnol D o 5 Z z C� C7 D I `. �' , m n m o zO H j- w -< I � * l D oo (nm H Z 0 -< o 0rn C \\\ ° H m 0Z = Cn I moo — �_ -I � m cm m _• r n I- O I cnM O W I CD m -I O -0 O lj mco � C CO E Z -1 0 I-M CO m Z xiz0 G 0 -0 ( H Z n o Z 0 3j0 6' cn rD 0 O m -Im• o ° ° � � Z m D n cOD G) n moo , —i m 0 m -oi -0 m fV *-1 m m Z W M 0o m - m O X o = m :i) D o � D 2 zrC Z � Q Ca ° Z m --Ii- -i m= i Z O• I w 00 _ > m =� D 0 0 m z D m cn D m• m p m i P, , 7, Z O Hrn 17 O -‹ Cn W N 7' U^ , z Ill 7 Z r 2 2 y ar w Z H Ti O = 1- r-ci r,,)i Zm x r 0 ni nm mm 7 n Z o mp rxOZD H 0 X < 0m � Or ncncnzz Orn cnZD ti o a D ..11 0 o o o Op 7 An V cCO m N a n D On ti 'n 0 w N w N A NO D c (J1 O O (T 0o C m O cn co co w X O O oo O o cn Ozi -i n Ki 70 w C3 0omw p p coo - Zn0m v -0 7 m x3O CI)< 0 m m m m < > 7 Z C Z `m * 8 -� 0 > co < ON CO 0w p X .7I m Z r ,G-?, O CO—I — O o 0 o m X mm t 1- w n _ 01 -' .-� N O cn r 01 CO O N N r , p O fn coin W N O (D p N > A CT o3 ci (r � o P (n 5 �o O W i V _, Cn D m O - _ A co D n N a c� Z Ui - A A - o O Z O7 m CO m m 0 0 X = A m r 'r o 0r- HZm -0Z7 m0 61 A o w Oto 0 m D o p 0 W o Dnm00 '3n 00 Il - N = -n = N 0 ('� O mz0 < A � D 7:1 (i) D D Op m oho 1- r6, m -I CO m -nm- DDNp DD m ca ca N a = m H -1x cD m p m - w . !I �� ° m0 � c m m - co - o co (0 r1 m0m O O K Z� D � � zm cn � � m p TE � _ HH > * D «7 2 -1 r Z fn Z (n m �1 II pmDO - cn � m C7 cn cn cn z z p , - m m �_° �e • •u' Zm1 �7 D co (fl Cr) ; m cn 2 O 0 Q 0 Dp = mm � Cz o Ow 01 w 7J No = O 0 cn T., -1 0 H > a o ow c Z m N 0 m -',N,• D � H l .zo O m m m m m o -< c o 1 b `L CN 7,0 . � -i O N - z ,t, ''O' D o.0 D ° `ipt. ' r _ , Z T'•.n , ,, N' 16B 1 ACTION BY THE PRESIDENT The undersigned, being the President of Naples HMA, LLC, a Florida limited liability company (the "Company"), hereby takes the following action: WHEREAS, pursuant to the operating agreement of the Company and by the Minutes of the Annual Meeting of the Board of Directors adopted on January 6, 2020, the President of the Company is authorized to appoint additional Authorized Representatives of the Company, as necessary, at his sole discretion; and WHEREAS, the Company is causing that certain medical office building of approximately 100,000 square feet to be developed in Collier County, pursuant to which the Company must file a conservation easement, a site development plan (SDP PL20190000925) and ancillary documents associated therewith (the "Easement and SDP Documents"). NOW THEREFORE, BE IT RESOLVED, that Scott Lowe, the CEO of Physicians Regional Medical Center - Pine Ridge is hereby appointed as an Authorized Representative to sign as the CEO for the Company for the limited purpose of executing and recording the Easement and SDP Documents on behalf of the Company; and FURTHER RESOLVED, that Scott Lowe, as an Authorized Representative to sign as the CEO for the Company, is hereby authorized and directed, in the name and on behalf of the Company, to execute and deliver the Easement and SDP Documents, and all associated documents in connection with the final version of the Easement and SDP Documents, including, without limitation, any easements, certificates, affidavits, authorizations, documents, and other instruments or papers necessary or advisable to carry out the intent of the foregoing resolutions, and all such actions having heretofore been taken pursuant to such resolution, being hereby ratified, confirmed and approved. Dated: E�y ‘, 2020 Ti,.' . Hingtgen,President PROJECT: BASIN 305 PUMP STATION INSTR 5924396 OR 5817 PG 273 PS 308.04—Shadowlawn Elementary School RECORDED 9/17/2020 10.20 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$35.50 UTILITY EASEMENT i�"ITH�__IS UTILITY EASEMENT, made and entered into this day of Qt{-K'thg-r , 2020, by THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, whose mailing address is 5775 Osceola Trail, Naples, FL 34109-0919, as Grantor, and 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, having a mailing address of 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, as Grantee. (Wherever used herein, the terms"Grantor"and "Grantee" include all 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, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive utility easement for the purpose of constructing and maintaining utility facilities, upon, under and across the following described lands located in Collier County, Florida, to wit: THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS, See attached Exhibit "A" which COLLIER COUNTY FLORIDA PURSUANT TO THE PROVISION" is incorporated herein by reference. :DF RESOLUTION NO.?410 Subject to easements, restrictions, and reservations of record. ; A &+o >36- 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, wastewater lines and pipes, pump station, service, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor grants Grantee reasonable ingress and egress over its property to access the easement area as defined in Exhibit "A". 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. ADDITIONALLY, the rights and interest conveyed hereunder are conditioned upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use of the lands described in Exhibit "A" and that Grantee shall coordinate and schedule with Grantor (or its staff) the times and dates for construction or maintenance of the utilities. All utilities installed and maintained by Grantee shall be underground, with the exception of the sewer pump station and other equipment or improvements appurtenant thereto. Grantee further agrees that it shall, at the Grantee's sole cost and expense, restore and repair any and all damage caused to Grantor's property or improvements as a result of Grantee's use of this Utility Easement. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA (-1r7Th First Witness Signature By: 1 iNC)u..SSty Step anie Lucarelli, Chair Print Name TrA4-•"":N J \OW. Second Witness Signature Print MiDp V- &_ rk- Name Approved as to form and legality: ATTEST: !S1,1 "PititiV 1J n Fishbane, District General Counsel Dr. amela Patton, Superintendent STATE OF FLORIDA COUNTY OF COLLIER The foregoing Utility Easement was acknowledged before me by means of 8t physical presence or❑ online notarization this day of SP..,e}tn•, , 2020 by Stephanie Lucarelli, as Chair, on the behalf of The District School Board of Collier County, Florida. Such person(s) Notary Public must check applicable box: '&are personally known to me. ❑ produced her current driver license. ❑ produced as identification. (Notary Seal) Notary Public • Printed Name of Notary: tR••gip• ;: MARTAMA SSEY ;,' MYCOMM►SSION i;G228064 Commission Number: EXPIRES:October 13,2o22 My Commission Expires: %FOP F:••• Bonded Thru Notary Public U.,te,,.irkers Approved as to form and legality: aC ba0 Jen r A. Belpe io, istant County Attorney a\a ( N, dRAPHid WALE . lianio 20 I0 ]EXHIBIT"A: ( IN FEET ) . 1 Inch - 20 ft, LOT !27 gi,6 ____i NC&TCLF NO2 I ; 5w4 ovr gi.f------- li: i 41'*: '� leaEx, Esilr 'r I OR: 109,i 2400, g .1LONAPL GARDENS Pa 9 °I QQ0,17k PB,4, PG I - N89"J9'39 t 60.00' _ r_\' _ —11. --1. -- ���11UII S. PROPERTY LINE_ 1— — I LOT ! BLOCK A >- LOT !, BLOCK B Ih ER HEIGHTS I . g I t�'IL1fER REICHIS P94, PG9 '� k PB.4, PCs I 4.b I I 1 I NOTES 1. This is not a survey. 2. No easement search or abstracting Was done by the surveyor and note should be taken that this property is subject to any facts that may be revealed under a full and accurate title search, 3. Bearings shoWn hereon ore based on State Plane coordinate system Florida East Zone, NAND 83, 2011 Adjustment. 4, Unless otherWise Indicated, all existing easements shoWn hereon ore bosed on plot. 5. Not other persons or entities other than those listed os exclusive users may rely on this sketch do description. 6. All dimensions ore in feet and decimals thereof, unless otherWise noted. 7. Subject to easements, reservations, and restrictions of record. For the Exclusive Use Of; COLLIER COUNTY BOARD OF COUNTY COWISSIONERS vEYING,p SKETCH AND DESCRIPTION David J. a� Digitally signed by David l!J y i,jl '�)%�(I' Y J.Hyatt PSM g583a %' , ' 0j ,, '4"., ' �:—' ,.. A Portion of Section 11, bete:.2019,04.03 z PSM#5834 -'` -' "' 'i' ' .o T 50 S, R 25 E 11:37l14-04'00' U q p I -f 'Ell, David J. Hyatt. PSIi/, er � ,,.$ Collier County, Florida Florida License No. 5834 �' f Not valid Without the signature and N LIN[T�O lI�[[TY C original seal of the Florida Licensed WARto sulf;v c rt i APPINa cuENr: COLLIER COUNTY BOARD OF COUNTY COWISSIONERS ,1'828 DECK 80ULEYARD Professional Surveyor and flapper SUITE 725 PROJECT/:1 P-46I sus PROJECT: PS 308.04 Certificate of Authorization 17705. NAPLES, FLORIDA 3IIl4 DRAFTED BY; LUTE SCALE tN7 NuVBER SHEET/ DRAIy*fG No. 389-0028 K V. 0SURVErsco4l CAN 3/2019 1^=2O' 17-327 f OF 2 1-084.1 0 Description Being a portion of Lot 128 Naples Grove and Truck Co's Little Forms No. 2 as recorded in Plot Book 1 at Page 27 of the Public Records of Collier County, Florida. Being more particularly described as follows: COMMENCING at the southwesterly corner of Lot 17 of Naples Gardens as recorded in Plat Book 4, Page 13 of the Public Records of Collier County, Florida; thence run South 89'59'38" West, along the northerly line of Wilmer Heights os recorded in Plat Book 4 at Poge 9, of the Public Records of Collier County, Florido, for a distance of 60.00 feet to its intersection with the westerly line of the Road Right—of—Way, Drainage and Utility Easement recorded in Official Records Book 4986 at Poges 422 through 434 of the Public Records of Collier County, Florida; thence run North 00'19'26" West, along said described line, for a distance of 15.00 feet to the POINT OF BEGINNING; thence run South 89'59'38" West, along the northerly line of the 15 foot pipeline easement described in Officio! Records Book 1359 at Pages 349 through 351 of the Public Records of Collier County, Florida, for a distance of 23.80 feet; thence run North 02'53'32" East, for a distance of 11.84 feet; thence run South 88'47'08" East, for a distance of 23. 14 feet to its intersection with the Westerly line of the Rood Right—of—Way, Drainage and Utility Easement recorded in Official Records Book 4986 at Poges 422 through 434 of the Public Records of Collier County, Florida; thence run South 00'19'26" East, along said Westerly line for a distance of 11.33 feet to the POINT OF BEGINNING. Containing 271.80 square feet or .006 acres more or less. For the Exclusive Use Of; COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ( oYr1VG SKETCH AND DESCRIPTION yJ 'A t( P ( A Portion of Section 11, o '° T50R 25 E V 4-.�,il 1 .aS, y °G :"III z Collier County, Florida David J. Hyatt, No. I Florida License No. 5834 < 4 Not valid without the signature and AMMO Mann,' original seal of the Florida Licensed Ca SVRVEv�N o& � CLIENT:I COLLIER COUNTY BOARD OF COUNTY CO!4IISSiONERS Professional Surveyor and Mapper 3szB surf n51 PROJECT I:1 P-46I Sue PROJECT. PS 508.04 Certificate of Authorization 17705. NAPLES, FCORIAA 34114 DRAFTED Ern RATE SCALE *o NulAsER sHEEr/ oRAWING NO wwg a RVEoo2rsecoo NO 3/2019 1"=20' 17-327 1 OF 2 1-0841 0 INSTR 5924397 OR 5817 PG 277 RECORDED 9/17/2020 10:20 AM PAGES 4 PROJECT: BASIN 305 PUMP STATION CLERK OF THE CIRCUIT COURT AND COMPTROLLER PS309.04—Lorenzo Walker Technical College COLLIER COUNTY FLORIDA REC$35.50 UTILITY EASEMENT T IF{ TILITY EASEMENT, made and entered into this $ day of � bRl , 2020, by THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, whose mailing address is 5775 Osceola Trail, Naples, FL 34109-0919, as Grantor, and 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, having a mailing address of 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, as Grantee. (Wherever used herein,the terms"Grantor"and"Grantee"include all 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, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive utility easement for the purpose of constructing and maintaining utility facilities, upon, under and across the following described lands located in Collier County, • Florida, to wit: • 11 _ ,-CCEPTED BY THE 30ARD (' )UN TY COMMISSIONERS; • See attached Exhibit "A"which ;OLLIER COUNT" FLORIDA, is incorporated herein by reference. URSUANT TO THE PROVISIONS F RESOLUTION NO. 2 009 $9 al )'2Oio 4i-/�,B Subject to easements, restrictions, and reservations of record. W _no 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, wastewater lines and pipes, pump station, service, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor grants Grantee reasonable ingress and egress over its property to access the easement area as defined in Exhibit "A'. 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. ADDITIONALLY, the rights and interest conveyed hereunder are conditioned upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use of the lands described in Exhibit "A" and that Grantee shall coordinate and schedule with Grantor (or its staff) the times and dates for construction or maintenance of the utilities. All utilities installed and maintained by Grantee shall be underground, with the exception of the sewer pump station and other equipment or 0 improvements appurtenant thereto. Grantee further agrees that it shall, at the Grantee's sole cost and expense, restore and repair any and all damage caused to Grantor's property or improvements as a result of Grantee's use of this Utility Easement. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA C--- Lc nr-" (), First Witness ignature By: W '+r- - '�( c..S�Sel Ste nie Lucarelli, Chair Pri t am�� ftCV‘) --7 Second Witness11.1 i"1 Signature. -vie. Eat SIVV4A-' Print Name Approved as to form and legality: ATTEST: 2 )),) - 41,(i../,', ,K6kt,N.0() ___ , J Fishbane, District General Counsel Dr. Kamela Patton, Superintendent STATE OF FLORIDA COUNTY OF COLLIER The foregoing Utility Easement was acknowledged before me by means of r i physical presence or❑ online notarization this `- day of 5.v Q44ew,lt✓- , 2020 by Stephanie Lucarelli, as Chair, on the behalf of The District School Bo rd of Collier County, Florida. Such person(s) Notary Public must check applicable box: s`_ are personally known to me. ❑ produced her current driver license. 0 produced as identification. (Notary Seal) Notary Public — Printed Name of Notary: lam''►•. MARTAMASSEY Commission Number: ,. 1m., .,= MY COMMISSION#GG 228064 My Commission Expires: l EXPIRES:October 13,2022 •''eoF•d?P• Bonded Tin Notary Pubic Underwriers Approved as to form and legality: 4 Ci0 p� c),:i Jennifer A. Belpedio, sistant County Attorney c'' / NOTES l . EXHIBITA. I. This is not o survey. 2. No easement search or abstracting *os done by the surveyor and note should be v ---- - -- • — taken that this properly is subject to any facts that may be revealed under o full and accurate title search. • 3. Unless othertWise indicated, all existing easements sholyn hereon ore based on plot. 4. Not other persons or entities other than • • those listed as exclusive users moy rely on this sketch & description. 5. All dimensions ore in feet and decimals thereof, unless otheririse noted. — --- 6. Subject to easements, reservations, and restrictions of record. ESTEY AVE o (60' PUBLIC R/W) o• LINE TABLE 7 cE+ilEtir k PROPERTY UNE LINE BEARING DISTANCE 1CalftfE 12 1 to L f S0'52'39"E 5.00' A LINE if'GU- M s ` L2 N8928.29 HE 20.00' rx. MopP L3 S0'52'39"E 20.00' «'? PC. 0549 al al 14 589 28 2 'w 9 20.00' LOT I 139 L4 ^ L5 50 52'39"E 3.98' IS L6 S66'11'28"E 2.39' �' L7 581'40'52"E 21.84' to LOT LB N74'16'07"E 3.53' 140 L9 NO'01'15"E 27.40' L f 0 S89 28 29"y1 7.57' dRAPHIC OdALE 40 a Ia 20 I ( IN FEBT ) t I n a h R 2O ft. for the Exclusive Use Of; Collier County Board of tEY�1v SKETCH & DESCRIPTION County Commissioners },Digitally signed by J�`, \ ji�41f 0 David J. Hyatt4 0 Id)Hyatt PSM c_ o, 'Ij•,�f A Portion of Section 1, PSM#5834 DatEnso19.o4.03 V im. ! -V LOT 140, !VG&TCLF#2, T 50 S, R 25 E, 11:45:57-04'00' -^~= °C t4 j ` _ Collier County, Florida David J. Hyatt, PSM, .- al f Florida License No. 6834 la uwrno uet�tn Not valid Without the signature and °s:14. �fo&µwarfia CUENT I Collier County Board of County Commissioners original seal of the Florida Licensed 3025 BECKEVAR° PROJECT /: p461 sue PROJECT: PS 309.04 Professional Surveyor and Mapper DES aoR�4 34114 °RAFTED BY: DATE SCALE tl'o bUtlBER SHEET/ oRAIONG No. t Certificate of Authorization 7706. ,.frik05 UR c00 NM 03/2019 1" = 20' 17-334 f of 2 1-0951 O,d� Legal Description: Being a portion of Lot 140 of Naples Grove and Truck Co's Little Farms No. 2 as recorded in Plot Book 1, at Page 27 of the Public Records of Collier County, Florida. Being more particularly described as follows: COM4IENCING at the northwesterly corner of Lot 140 of Naples Grove and Truck Co's Little Farms No. 2 as recorded in Plot Book 1, at Page 27 of the Public Records of Collier County, Florida; thence run South 00'52'39" East, along the West line of said Lot 140, for a distance of 5.00 feet to its intersection With the south right of Way line of Estey Avenue; thence run North 89'28'29" East, along said south right of Way line, for a distance of 20.00 feet to the northeasterly corner of those lands described in Official Records Book 1359 at Page 0349 of the Public Records of Collier County, Florida and the POINT OF BEGINNING; thence run South 00'52'39" Eost, along the east line of said described lands, for a distance of 20.00 feet; thence run South 89 28'29" West, along the south lines of said described lands, for o distance of 20.00 feet to the Westerly line of said lot 140, thence run South 00'52'39" East, along the West line of said Lot 140, for a distance of 3.98 feet; thence run South 66'11'28" East, for a distance of 2.39 feet; thence run South 81'40'52" East, for a distance of 21.84 feet; thence run North 74'16'07" East, for a distance of 3.53 feet; thence run North 00'01'15" East, for a distance of 27,40 feet to its intersection With the south right of way line of Estey Avenue; thence run South 8928'29" West, along the south right of Way line of Estey Avenue, for a distance of 7.57 feet to the POiNT OF BEGINNING. Containing 328.42 squore feet more or less. Si0Ilk SKETCH & DESCRIPTION ar, �J `3l'1i�}}� i„ A Portion of Section 1, �i '0 LOT 140, NG&TCLF 2, T 50 S, R 25 E, %fly low, E-H,,, iii Collier County, Florida a ixxneo ixa�xx xry q�v UGRCO SVWAVo TX;NNC cuEir:I Collier County 800rd of County Commissioners aaza BECK BouLEVARD 'PROJECT!:J,P461 Sue PROJECT: PS 309.04 sairE rrs NAPLLS FLORIDA 34114 DRAFTED BY; OATS SCALE WO NuAfBER SMEEr I DRAWWG No. 1y0y�uncoil NM 03/2019 1" = 20' 17-334 2 of 2 1-0951 0 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 b B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP QeC �� p�1plt� Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alyea y complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office V e ll I 4. BCC Office Board of County Commissioners IkVq5) q "X0*.X) 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jaime Cook, Principal Env. Specialist/ Phone Number 252.6290 Contact/ Department Development Review Agenda Date Item was 02/23/201 Agenda Item Number See Reso.2010-39 Approved by the BCC Type of Document Conservation Easement Number of Original 1 Attached Documents Attached _ PO number or account Customer to be notified to pay the Clerk number if document is Directly to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? JC 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JC signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JC Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JC document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on and all changes made during 0 N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes, if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the n N/A is not BCC, all changes directed by the BCC have been made,and the document is ready for the '/ an option for Chairman's signature. YYY this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 B 1 INSTR 5932770 OR 5825 PG 223 RECORDED 10/5/2020 10 44 AM PAGES 10 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA DOC@.70$0.70 REC $86.50 THIS INSTRUMENT PREPARED BY&RETURN TO: STEVEN J. BRACCI, PA STEVEN J. BRACCI,ESQ. ADDRESS: 9015 STRADA STELL COURT, SUITE 102 NAPLES, FLORIDA 34109 PARCEL LD.: #00386280104 SPACE:ABOV E.THIS LINE FOR PRO( ESSI\G DATA SP:%CE:ARO\E THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this � day of S) °" `""C 2020, by TERRA AQUA, LLC, a Florida limited liability company (hereinafter "Terra Aqua" or"Grantor"), whose address is 457 Mooring Line Drive, Naples, Florida 34102, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the "parties." WHEREAS, Terra Aqua is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" attached hereto (hereinafter referred to as the "property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind Terra Aqua and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit "B" (the Easement Property). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. Terra Aqua, its successors, heirs, assigns and/or transferees, hereby grants a non-exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. 1 168 1 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 3. Terra Aqua, its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. 2 168 1 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. 3 168 1 IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and delivered in the presence of: WITNESSES: TERRA AQUA, LLC, a Florida limited liability company Printed Name: Ci -,*_6 A �^ ' f By: Prin ed N e: .s4-r, acre by C. Steiner, Manager / 2A Pr nted Name: CA.-, s By: P i ed Name: r Francis A. Oakes III, Manager 4 168 1 STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrument was subscribed, worn and cknowledged before me by physical presence this 2� day of , 2020, by TIMOTHY C. STEINER, as Manager of Terra Aqua, LLC, a Florida limited liability company, and who is V personally known to me or [ ] who produced as identificatio ctX NO ARY PUBLIC Printed Name. \\ QYr My Commission Expires: REBECCA NIELSEN ° °= Comm{ssron# GG 68542 '• nm •`;; fires my mission c Comxp February 26, 2021 STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrument was subscribed, worn and a knowledged before me by physical presence this 2-2 day of f , 2020, by FRANCIS A. OAKES, as Manager of Terra Aqua, LLC, a Florida limited liability company, and who is [ . personally known to me or [ ] who produced as identification. ( -- CL\tZQTLIL-10g NOTARY PUBLIC • Printed Name: - \M-Q-1S42Y) My Commission Expires: • " "�B CCA 14;m !I 5 16B 1 Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: Deputy Clerk Burt L. Saunders, Chairperson Attest as to Chairman s signewre o,?+v. Approved as to form and egal s fficienc : erek D. Perry Assistant County Attor y 6 16U J. •5N F3v 3, J zp "P A-n By 6: kA Y RI Ie1=141b«u iT m (91,00'O[e M11.90.00N Iw 3 101gO Ole Alb9NlbON I g r " ' I (•g' II I f 3 a • 11=0:viorMl 1� D II a e� rp �: mmo Ii N u �.g ¢A5§ fl -_ r-- . (I r I I i E �.„-e l ) g.O'Og.=L;tO � II m -� % o< i 1 -- 2m r 151 �, I I..I.e' n N R r.g3 a cl k a I 4 .72 < ` h1 i 4 ^m r LyJ I w o N � a ! m WI I �^ ow R yo n T� m ° 6,!8 it 2 p' _ 5 .i e 1 t.0 is % % PPm \ •� u: C1 L�41 Esf .¢ as g•,1..•. 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BOUNDARY SURVEY OF RANGE L OF LAND LYING IN SEC. 21}WD. 5091RNO 25E NO.2 09109120 MMW ADDED CONSERVATION EASEMENT Q1 A CECI GROUP COMPANY PHONE,(239ls4sz3z4 SECTION 2,TOWNSHIP 50 SOUTH,RANGE 25 EAST.COLLIER Sewing Honda since 1972 - COUNTY.FLORIDA ACAD NO NO.I 06129/1a WNW ADDED ADDITIONAL TOPO FAA:(239)643 1 oon 19,09� - - 3106 SOUTH HORSESHOE DRIVE w E-Meillenl @ceco9.coin REF.No. NAPLES.FLORIDA 34104 ww E-Mail inlolarecacam 1(1.091-EAST NO. 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Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the Item is placed on the agenda. All completed routing slips and original documents must be received In the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office 4. BCC Office Board of County 35 Commissioners '313• 5. Minutes and Records Clerk of Court's Office _3i4 0.55 islik PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Tabatha Cole, Growth Management, Phone Number (239)252-2681 Contact/ Department Development Review Agenda Date Item was 02/23/2010 Agenda Item Number See Reso.2010-39 Approved by the BCC P -( Type of Document Conservation Easement Number of Original l Attached Documents Attached PO number or account Customer to be notified to pay the Clerk number if document is directly. to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial Applicable) 1. Does the document require the chairman's original signature? X 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be X signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's X/', Office and all other parties except the BCC Chairman and the Clerk to the Board `�� 5. The Chairman's signature line date has been entered as the date of BCC approval of the X e,/ document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on and all changes made4NA: g'' during the meeting have been incorporated in the attached document. The County 0 e a 0' 7` Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for the �lr tsjt �,Se Chairman's signature. a:'" o I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24,05;Revised 11/30/12 1 6B 1 INSTR 5942917 OR 5834 PG 1345 RECORDED 10/23/2020 9:46AM PAGES 8 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA THIS INSTRUMENT PREPARED BY&RETURN TO: DOC@.70$0.70 REC$69.50 NAME: Harold J. Webre, Esq. Coleman,Yovanovich &Koester, P.A. ADDRESS: 4001 Tamiami Trail N., Suite 300 Naples, FL 34103 PARCEL I.D. portion of 00417760001 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this day of V'/! , 2020, by Tract L Development, LLC, a Florida limited liability company, as "Grantor", whose address is 7742 Alico Rd., Fort Myers, FL 33912, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the "parties." WHEREAS, Grantor is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" attached hereto (hereinafter referred to as the "property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind Grantor; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached composite Exhibit "B" (the "Easement Property"). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. Grantor, its successors, heirs, assigns and/or transferees, hereby grants a non- exclusive easement to Collier County over and across the property described in Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. Revised 2/13/2019 [20-ENS-00648/1526927/1] 1 1 6 B 1 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 3. Grantor, its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement Property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. Revised 2/13/2019 [20-ENS-00648/1526927/1] 2 168 1 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate parry or successor in interest. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Easement Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and delivered in the presence of: WITNESSES: Tract L Development, LLC, a A. Florida limited liability company liAkta p ' -• N e: eivirkte., nit gatilp 7ery By: Prin d Name: David orres, as its Manager Revised 2/13/2019 [20-ENS-00648/1526927/1] 3 1 6l$ 1 STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrument was subscribed, sworn and acknowledged.bb�fore me by means [4 physical presence or [ ] online notarization, this V/. day of err , 2020, by David E. Torres, as Manager of Tract L Dev opme , LLC, a Florida limited liability company, on behalf of said company, and who is [ personally known to me or [ ] who produced as identification. Q7? NO Y PUBLIC Prin ed Name: 41i44 'AY-L. My Commission Expires:i1 zi =off'°4r, Notary Public State of Florida Maritza Aguiar y c My Commission GG 145859 �Oorh Expires 12/08/2021 Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA "") , ' .,--.. - : ; By: .\ / Af„,)4/...,..(4,1.0.-- Deputy Clerk -� Burt L. Saunders, Chairman Attest as to Cht::icrnan s 1 Approved as to form and legali Sally . Ashkar Assistant County Attorney CP\11-ENS-00442\4 Revised 2/13/2019 [20-ENS-00648/1526927/1] 4 5x -1151TA 168 1 05) Trask Surveying, P.A. Land Surveyors A PARCEL LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (OVERALL PARCEL) A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,COUNTY OF COLLIER, LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 5516, PAGE 1366, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT R-1, HACIENDA LAKES OF NAPLES, PLAT BOOK 55, PAGE 10, SAID PUBLIC RECORDS; THENCE 5.87°37'31"W. ALONG THE NORTH LINE OF SAID TRACT R-1 AND THE SOUTH LINE OF SAID SECTION 14, FOR 147.95 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 14 ON THE BOUNDARY OF TRACT FD- 2, SAID HACIENDA LAKES OF NAPLES; THENCE N.00°48'00"E. ALONG THE BOUNDARY OF SAID TRACT FD-2 AND THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 14, FOR 41.95 FEET TO THE NORTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 5201, PAGE 2129,SAID PUBLIC RECORDS AND THE POINT OF BEGINNING; THENCE S.80°46'57"W. ALONG SAID RIGHT OF WAY LINE, FOR 99.80 FEET; THENCE S.87°37'31"W. ALONG SAID RIGHT OF WAY LINE, FOR 1158.68 FEET TO THE WEST BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 5516, PAGE 1366, BEING THE EAST LINE OF THE WEST 80.00 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE LEAVING SAID RIGHT OF WAY LINE, N.00°48'45"E. ALONG SAID BOUNDARY AND FRACTIONAL LINE, FOR 640.25 FEET TO THE NORTH BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 5516, PAGE 1366 AND THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE N.87°36'13"E. ALONG SAID BOUNDARY AND FRACTIONAL LINE, FOR 1256.99 FEET TO SAID BOUNDARY OF TRACT FD-2 AND SAID NORTH-SOUTH QUARTER SECTION LINE; THENCE S.00°48'00"W. ALONG SAID TRACT BOUNDARY AND FRACTIONAL LINE, FOR 628.81 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 803287.93 SQUARE FEET OR 18.44 ACRES, MORE OR LESS. BEARINGS ARE BASED ON SOUTH LINE OF SECTION 14 AS BEARING N.87°37'31"E. TRASK SURVEYING, P.A. FEBRUARY 25, 2020 FLORIDA LICENSED BUSINESS LB8082 ICENNETH E. TRASK PROFESSIONAL LAND SURVEYOR FLORIDA LICENSE LS4684 SHEET 1 OF 2 12345 Blasingim Road • Fort Myers, FL 33966 5 1 6 B 1 SKETCH TO ACCOMPANY N DESCRIPTION OF A PARCEL LYING IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. O.R. 5331, PG. 1521 N. LINE O.R. 5516, PG 1366 & S.1/2-S.E.1/4-S.W.1/4 SECTION 14 _ ,41 N87'36'13"E 1256.99' r I I I _ .10. w z c`4 z J O I0. Q. u O. U �p 03 ZO O U UI N N HN N N4. a7 1 06 6 NI M \ N Q W(D ��0 .t p :� W 3j N SUBJECT PARCEL z.o .- M v j of I w O.R. 5516, PG 1366 �.ia �<m a ▪ * '-' * ¢0 • CD La 6 I▪ o 0 0 0vi 4x W 01 I co mz : 1 z J 1 w P.O.B.-\i cd. —j / ,. S87'37'31"W 1158.68' _ — L1 OU STH LINE SECTION 14 -�------- — — — — RATTLESNAKE HAMMOCK ROAD & LINE N. TRACT R-1 O.R T OF WAY I 29� HACIENDA LAKES OF NAPLES CORNER RIGHT4 R P.B. 55, PG. 10 SECTION 14 LINE TABLE P.O.C. LINE BEARING DISTANCE N.E. CORNER TRACT R-1 u 587'37'29'W 147.95' HACIENDA LAKES L2 N00'48'00"E 41.95' OF NAPLES L3 5B0'46'57`W 99.80' P.B. 55, PG. 10 LEGEND THIS IS NOT A BOUNDARY SURVEY P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING Trask Surveying, P.A. LS LICENSED SURVEYOR 4H.. Land Surveyors LB LICENSED BUSINESS Florida Licensed Business No. LB8082 O.R. OFFICIAL RECORDS BOOK 2-2 S �O 12345 Blosingim Road P.B. PLAT BOOK KENNETH E. TRASK DATE Fort Myers, Florida 3396E (239)980-1495 PG. PAGE PROFESSIONAL LAND SURVEYOR FLORIDA LICENSE NO. LS4684 date dog scale oep sneer 2-25-20 17-23< 1.=150' l 17-23 I 2 OF 2 L E-C-t-( I B ► i 1 6 B 1 Trask Surveying, P.A. Land Surveyors AN EASEMENT LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (CONSERVATION EASEMENT) AN EASEMENT SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING OVER,ACROSS AND THROUGH THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 5516,PAGE 1366, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT R-1, HACIENDA LAKES OF NAPLES, PLAT BOOK 55, PAGE 10, SAID PUBLIC RECORDS; THENCE S.87°37'31"W. ALONG THE NORTH LINE OF SAID TRACT R-1 AND THE SOUTH LINE OF SAID SECTION 14, FOR 147.95 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 14 ON THE BOUNDARY OF TRACT FD- 2, SAID HACIENDA LAKES OF NAPLES; THENCE N.00°48'00"E. ALONG THE BOUNDARY OF SAID TRACT FD-2 AND THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 14, FOR 41.95 FEET TO THE NORTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 5201, PAGE 2129 AND OFFICIAL RECORDS BOOK 5201, PAGE 2138, SAID PUBLIC RECORDS; THENCE CONTINUE N.00°48'00"E. ALONG SAID QUARTER SECTION LINE, SAID TRACT BOUNDARY AND THE BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 5516, PAGE 1366, FOR 486.32 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID PARCEL AND TRACT BOUNDARY AND FRACTIONAL LINE, S.87°36'13"W. FOR 338.50 FEET; THENCE N.43°09'50"W. FOR 72.62 FEET; THENCE S.87°47'56"W. FOR 867.86 FEET TO THE WEST BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 5516, PAGE 1366, BEING THE EAST LINE OF THE WEST 80.00 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE N.00°48'45"E. ALONG SAID BOUNDARY AND FRACTIONAL LINE, FOR 84.44 FEET TO THE NORTH BOUNDARY OF SAID PARCEL AND THE NORTH LINE OF THE SOUTH HALF OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER;THENCE N.87°36'13"E.ALONG SAID BOUNDARY AND FRACTIONAL LINE FOR 1256.99 FEET TO SAID PARCEL AND TRACT BOUNDARY AND SAID NORTH-SOUTH QUARTER SECTION LINE; THENCE S.00°48'00"W. ALONG SAID PARCEL AND TRACT BOUNDARY AND NORTH-SOUTH QUARTER SECTION LINE FOR 142.49 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 128420.28 SQUARE FEET OR 2.95 ACRES, MORE OR LESS. BEARINGS ARE BASED ON SOUTH LINE OF SECTION 14 AS BEARING N.87°37'31"E. TRASK SURVEYING, P.A. JANUARY 21, 2020 FLORIDA LICENSED BUSINESS LB8082 KENNETH E.TRASK PROFESSIONAL LAND SURVEYOR FLORIDA LICENSE LS4684 SHEET 1 OF 2 12345 Blasingim Road • Fort Myers, FL 33966 1 6B 1 SKETCH TO ACCOMPANY AID. DESCRIPTION OF A PARCEL LYING IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. O.R. 5331, PG. 1521 N. LINE O.R. 5516, PG 1366 & S 1/2_S.E,1/4-S.W.1/4 SECTION 14 _� N87'36'13"E 1256.99' I SUBJECT EASEMENT n a J J P.O.B. __ �_ -----�� ~— $8T4T56"W 867.86' s ��� \ ) I �_ ,d S87'36'13"W 338.50' v) -I 2 J O a. u Z. P Q (0 0- C.) .�j a' Z O O O.I N V7 Z N u_ M a NO pOU' (9 0 i= L u)a. 0_ 63 -L ro Y vi v -I a Uv)coo ¢5'" •to vi o; I O.R. 5516, PG 1366 <z'd I-¢m a I I-- oa L� w-':o Z- L' o W w; X N j0 ¢ O WI 0 o >-a,°a° x Z coo Q8o JI 0 2. ' 3 D N I w 01 z 03 I w 1 I I J. _ _ _ - — SOUTH LINE SECTION 14 _�____--- - - - - - RATTLESNAKE HAM MOCK RO & LINE N. TRACT R-1 O.R. 5201, PG. 2129 &� TRACT R-1 S. 1/4 O.R. 5201, PG. 2138 HACIENDA LAKES OF NAPLES CORNER RIGHT OF WAY P.B. 55, PG. 10 SECTION 14 LINE TABLE P.O.C. LINE BEARING DISTANCE N.E. CONNERTRACT R-1 L1 S8T3729'W 14.95' HACIENDA LAKES L2 N00'48'00'E 41.95' OF NAPLES L3 500.48'00'W 142.49' P.B. 55, PG. 10 L4 N00'48'45'E 84.44' L5 N43'09'50'W 72.62' LEGEND THIS IS NOT A BOUNDARY SURVEY P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING 4.----- Trask Surveying, P.A. LS LICENSED SURVEYOR Land Surveyors LB LICENSED BUSINESS y'' Florida Licensed Business No. LB8082 O.R. OFFICIAL RECORDS BOOK /��-'� t-? Z. 12345 Blasingim Rood P.B. PLAT BOOK KENNETH E. TRASK DATE Fort Myers, Florida 33966 (239)980-1495 PG. PAGE PROFESSIONAL LAND SURVEYOR FLORIDA LICENSE NO. LS4684 dote d.y scale I peM sheet 1-21-20 17-236k I 1`=150' 17-23 I 2 OF 2 S !NSTR 6465784 OR 6297 PG 2244 Project: 60199 Vanderbilt Beach Road RECORDED 10/18/2023 8:21 AM PAGES 5 Parcel 104FEE CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA Folio No.: 66679305989 REC$44.00 INDX$1.00 SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this 311' day of A4Sc.;t- , 2023, by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"), and COMCAST OF FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a Colorado limited liability company, formally known as COMCAST OF COLORADO/FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a Colorado limited liability company, as successor in interest to COMCAST OF THE SOUTH, INC., a Colorado corporation, whose mailing address is 301 Tower Road, Naples, Florida 34113-8074 (hereinafter referred to as "Utility") WITNESSETH: WHEREAS the Utility has an interest in that certain tract or parcel of land lying and being in Collier County. Florida, more particularly described and set forth in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, the County has determined that this Property is suitable and appropriate for highway purposes road right of way; and WHEREAS, the County's proposed use of the Property highway purposes of road right of way requires the subordination of the interest in the Property by the Utility to the County and WHEREAS, the Utility is desirous of consenting to the subordination and the relocation of its facilities within the Property, if necessary; and WHEREAS the County is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto. the receipt and sufficiency of which are hereby acknowledged, Utility and County hereby agree as follows: 1. The Utility hereby subordinates any and all of its interest in the Property (SEE EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County. its successors and assigns, for the purpose of constructing, improving, maintaining and operating a road over, under, through, upon, and/or across said Property, including, but not limited to the claim of interest based upon the following NATURE OF ENCUMBRANCE DATE RECORDED BOOK, PAGE EASEMENT 07/23/1998 2574,15 EASEMENT 07/24/1998 2731,287 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and/or relocate its facilities within and upon the Property in accordance with the County's minimum standards for such facilities. Any construction or relocation of facilities within the CUMCAST _.... ....._ ...... _ Ur Ui iLl i iLS Property will be subject to prior approval by the County. If the County requires the Utility to alter. adjust, or relocate its facilities from or within the Property, the County shall give the Utility 90 (ninety) days' written notice to do so and hereby agrees to pay the reasonable cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 3. The Utility shall have a reasonable right to enter upon the Property for the purposes outlined in paragraph 2 above, including the right to trim such trees, brush, and growth which may endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities 4. The Utility shall repair any damage to the County's facilities resulting from the exercise of its rights as outlined in paragraphs 2 and 3 above. 5. These terms and conditions shall be attached as an addendum to that permit, if any, required by the County for location of the Utility's facilities within the Property. 6. This Agreement shall be assignable only to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written • ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KI.NZELS.4erk COLLIER COUNTY, FLORIDA 11 •6.,, y �' � E` ' ���' �'r BY •test a to" r irmana , juty RICK LoCASTRO, Chairman signs zre'cnly , Signed, sealed and delive -d COMCAST OF FLORIDA/MICHIGAN/NEW in our presence as witnesses: MEXICO/PENNSYLVANIA/WASHINGTON, LLC a Colorado limited liability company M, �i/•�� � By: COMCAST CABLE COMMUNICATIONS LLC S (Signatur-) a Delaware limited liability company, as Manager Name: n Of (Print or Type) By: COMCAST H DI► ' . R cAATIoN a © _ Pennsylvania •o - n anager WITNESS (Signature) By: Name: fr'Ca 12and6122-D ( L/� f/t, /111' �/ 1 (Print or Type) (Title) '� COMCAST SUBORDINATION OF UTILITIES Last Revised 05/28/2020 STATE OF ptabd6 COUNTY OF NO. ik et-- The foregoing Subordination of Utility Interests was acknowledged before me by means of LkJ physical resence or D online notarization this 3 day of j A9 )F , 2023, by, (C41, a k�� (Name), as k J 1 .`y, ('4� (Title), of COMCAST HOLDINGS, INC., a Delaware corporation, Manager of COMCAST CABLE COMMUNICATIONS, LLC, a Delaware limited liability company, as Manager of COMCAST OF FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a Colorado limited liability company, on behalf of the corporation and the companies, who is personally known to me or who has produced as identification. (affix notarial seal) - �� ( ,u"7 4t' ' (Signature of / otary Public) :t1v a�•., THERESA LYNN MARTIN l ►11 C4 - s\ / i i\ l Notary Public-State of Florida (ll ( "31� 1. Commission#HH 323820 -''t ry My Comm.Expires Feb 14,2027 (Print Name of Notary Public) Bonded through National Notary Assn. NOTARY PUBLIC Serial/Commission # (if any)_ _ My Commission Expires: _ Ap rov d as o for regality: Assistant County Attorney ) \ \ \ 1 1,- COMCAST SUBORDINATION OF UTILITIES 3 Last Revised 05/28/2020 104FEE Rig EXHIBIT A 6a0,4,, SS�S7, y SOUTHERLY RIGHT-OF-WAY a p9�B ��ry `7 i,, Page 1 of 2 GOODLEITE FRANK ROAD/ 12, A VANDERBILT BEACH MOD ��jC ti l R=96.00' qy�'g r ,t :4?' 1 4 160' =85°31'03" �``PG0". O•ra q.) 40 16c CB=S67°35'20"W s%yr ,66, 4o 1, 1C4 A L=143 29' �0�0��9` Ac 'ors �/)/4, 0 0 d �1-N 14 ii)Nw NOTES: Er) / 1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT QINTENDED TO BE USED AS ONE. = Q^ d- EN 2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON i ....,4cc; " ARE IN FEET AND ARE PROJECTED ONTO THE FLORIDA Gry O 03 LLI PARCEL No. 66679305989 PLASTATENEDATUMDINAOF SY1983 COOR , �(NAD83),ST ZONE, N0 AMERICAN 2011 ao co E0 I Q N NAPLES CHRISTIAN CHURCH ADJUSTMENT. W 3 U N (oRB 2468, PG 3224) 3. BEARINGS SHOWN HEREON ARE BASED ON THE c .- EASTERLY RIGHT-OF-WAY OF GOODLETTE-FRANK a E� 1 Ed cc; WHEREIN SAID EASTERLY LINE BEARS E- l0 a o^ 9 N07.08'12"E. N W F- ' Z p 4. PARCEL CONTAINS 6,074 SQUARE FEET OR 0.139 ,n ci (/) ACRES, MORE OR LESS J I A 0_ 5. P.O.C. = POINT OF COMMENCEMENTD N 0 6. P.O.B. = POINT OF BEGINNING rx N 0 DESCRIBED PARCEL OF LAND 8. ORB = OFFICIAL RECORDS BOOK ct o Cb 9. PG = PAGE a (CONTAINS 6,074 SQ.FT./0.139AC.,±) 10. -R/w- = RIGHT-OF-WAY Z JraLt 11. SQ. FT. / AC. = SQUARE FEET / ACRES o E 12. R = RADIUS '.,' 13. 0 = DELTA J (BASIS OF BEARINGS) 14. CB = CHORD BEARING cwn o, EASTERLY RIGHT-OF-WAY 15. C = CHORD LENGTH o a GOODLtIIt-FRANK ROAD 16. L = ARC LENGTH Z 17. NOT VALID WITHOUT SHEETS 1 THROUGH 2 OF 2. a o 0 e P.O.B. THIS IS NOT A SURVEY w I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE N N82°51'48"W 6.50' AND BELIEF, THAT THE LEGAL DESCRIPTION AND r & NO7'08'127- 65.90' ATTACHED SKETCH WERE PREPARED IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF CHAPTER < E 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT 3 I TO CHAPTER 472, FLORIDA STATUTES. 3 3 -:1 P.O.C. ti INTERSECTION OF THE E'LY RIGHT-OF-WAY OF • Digitally signed z GOODLETTE FRANK ROAD (WIDTH VARIES)AND O THE SW'LY CORNER OF THE LANDS AS DESCRIBED avi by David Hyatt L IN OFFICIAL RECORDS BOOK 2468, PAGE 3224, N PUBLIC RECORDS OF COWER COUNTY, FLORIDA Date: W J ,o PARCEL No. 00176880002 2023.02.13 N v FLORIDA POWER & LIGHT COMPANY Hyatt 0 (ORB 524, PG 121) i t 15.45.23 -05 00 L., N I THIS SKETCH HAS BEEN DIGITALLY SIGNED BY: 2 DAVID J. HYATT (FOR THE FIRM L.B. 642) w PROFESSIONAL SURVEYOR AND MAPPER O o FLORIDA CERTIFICATE NO. 5834 0 0 0 ON THE DATE ADJACENT TO THE SEAL. o V) 0 c 0 25 50 100 PRINTED COPIES OF THIS DOCUMENT ARE NOT Let' o (INTENDED DISPLAY SCALE: 1"=100') CONSIDERED SIGNED AND SEALED, AND THE DIGITAL J i SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC < N COPIES. i SKETCH AND DESCRIPTION p TOT T (� `� JOHNSON35 AN OEDRCO INC. PARCEL OF LAND LYING IN w J 11-I1 \J 2350 STANFORD COURT SECTION 34,TOWNSHIP 48 SOUTH,RANGE 25 EAST Lg NAPLES, FLORIDA 34112 COLLIER COUNTY,FLORIDA PHONE: (239) 434-0333 0Ili 5 ENGINEERING E.B. #642 & L.B. #642 DATE PROJECT NO. FILE NO. SCALE SHEET 01/19/23 20225203-000 34-48-25 1"=100' 1 OF 2 Z 104FEE EXHIBIT A DESCRIPTION Page 2 of 2 A PARCEL OF LAND LYING IN A PORTION OF TRACT 2, PELICAN MARSH GOLF COURSE, PHASE ONE AND LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 2468, PAGE 3224 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA A PARCEL OF LAND LYING IN A PORTION OF TRACT 2, PELICAN MARSH GOLF COURSE, PHASE ONE, AS RECORDED IN PLAT BOOK 23, PAGE 40 AND LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 2468, PAGE 3224, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF GOODLETTE-FRANK ROAD (RIGHT-OF-WAY WIDTH VARIES) AND THE SOUTHWEST CORNER OF THE LANDS AS DESCRIBED IN THE AFOREMENTIONED OFFICIAL RECORDS BOOK 2468, PAGE 3224, THENCE N.07'08'12"E. ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 65.90 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING, THENCE, CONTINUE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, SOUTHERLY RIGHT-OF-WAY AND THE SOUTHWESTERLY RIGHT-OF-WAY OF VANDERBILT BEACH ROAD (WIDTH VARIES) FOR THE FOLLOWING THREE (3) COURSES: 1. N.07'08'12"E., A DISTANCE OF 486.49 FEET; E 2. N.68'32'43"E., A DISTANCE OF 78.27 FEET; 3. S.52'51'48"E., A DISTANCE OF 59.09 FEET TO A POINT ON A NON-TANGENT CURVE TO THE LEFT; N THENCE DEPARTING SAID RIGHT-OF-WAY AND ALONG SAID CURVE TO THE LEFT HAVING A N RADIUS OF 96.00 FEET, (DELTA 85'31'03"), (CHORD 130.35 FEET), (CHORD BEARING S.67'35'20"W.), AN ARC DISTANCE OF 143.29 FEET; THENCE S.07'08'12"W., A DISTANCE OF 430.12 FEET; THENCE N.82'51'48"W., A DISTANCE OF 6.50 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL OF LAND CONTAINS 6,074 SQUARE FEET OR 0.139 ACRES, MORE OR LESS. BEARINGS DESCRIBED HEREON ARE PROJECTED ONTO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (NAD83), 2011 E. ADJUSTMENT AND BASED ON THE EASTERLY RIGHT-OF-WAY OF GOODLETTE-FRANK ROAD, WHEREIN SAID EASTERLY LINE BEARS NO7'08'12"E. *NOT VALID WITHOUT SHEETS 1 THROUGH 2 OF 2. 0 EL *THIS IS NOT A SURVEY. N N O t0 V O C C O S ppN O SKETCH AND DESCRIPTION J o H N s `� JOHNSON ENGINEERING, INC. PARCEL OF LAND LYING IN 2350 STANFORD COURT SECTION 34,TOWNSHIP 48 SOUTH, RANGE 25 EAST i NAPLES, FLORIDA 34112 COLLIER COUNTY,FLORIDA PHONE: (239) 434-0333 t ENGINEERING E.B. #642 & L.B. #642 DATE PROJECT NO. FILE NO. SCALE SHEET 01/19/23 20225203-000 34-48-25 N/A 2 OF 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 g TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in theQ County Attorney Office no later than Monday preceding the Board meeting. �=�-�'Wr It **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is air` dy complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office ttl s taoa d 2. BCC Office Board of County 1j'`� Commissioners J iI • 13 -aw 3. Minutes and Records Clerk of Court's Office >il" 0 "t)tk " PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec Phone Number 239-252-5805 Contact/ Department Agenda Date Item was 02/23/2010 Agenda Item Number 16.B.l Approved by the BCC g (Resolution 2010-39) Type of Document Easement Agreement Number of Original I Attached Documents Attached PO or account number if document 325-172940-649030 is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature? KD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County KD an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the „ (� an option for Chairman's signature. j this line. Please scan under BMR Real Property: 60196 - GRASIP Pa 11 E Please email a copy of the signed Agreement to Karen.Dancsec@CollierCountyFL.gov I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 168 1 INSTR 5957642 OR 5848 PG 983 RECORDED 11/20/2020 11:32 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER PROJECT: GRASIP #60196 COLLIER COUNTY FLORIDA PARCEL: 106DE REC $35.50 INDX$1.00 FOLIO: Portion of 30180120003 SUBORDINATION OF UTILITY INTERESTS Public Body 44. THIS AGREEMENT is made and entered into this .D day of .Y\picnptsA , 2020, by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"), and COMCAST OF FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a Colorado limited liability company, Successor in interest to COMCAST OF THE SOUTH, INC., a Colorado corporation, whose mailing address is 301 Tower Road, Naples, Florida 34113-8074 (hereinafter referred to as "Utility"). WITNESSETH: WHEREAS, the Utility has an interest in those certain tracts or parcels of land lying and being in Collier County, Florida, more particularly described and set forth in Exhibit "A" attached hereto and made a part hereof (hereinafter collectively referred to as the "Property"); and WHEREAS, the County has determined that this Property is suitable and appropriate for constructing, operating, and maintaining drainage structures and facilities thereon; and WHEREAS, the County's proposed use of the Property for constructing, operating and maintaining said drainage facilities, including but not limited to guard railing, ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes and various types of water control structures, requires the subordination of the interest in the Property by the Utility to the County; and WHEREAS, the Utility is desirous of consenting to the subordination and the relocation of its facilities within the Property, if necessary; and WHEREAS the County is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Utility and County hereby agree as follows: 1. The Utility hereby subordinates any and all of its interest in the Property (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors and assigns, for the purpose of constructing, improving, maintaining and operating drainage facilities over, under, through, upon, and/or across said Property, including, but not limited to the claim of interest based upon the following: NATURE OF ENCUMBRANCE DATE RECORDED BOOK, PAGE Grant of Easement 2/2/2012 4761,592 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and/or relocate its facilities within and upon the Property in accordance with the County's minimum standards for such facilities. Any construction or relocation of facilities within the Property will be subject to prior approval by the County. If the County requires the Utility to alter, adjust, or relocate its facilities from or within the Property, the County shall give the Utility 90 8 (ninety) days' written notice to do so and hereby agrees to pay the reasonable cost of such COMCAST SUBORDINATION OF UTILITIES 1 6' B 1 written notice to do so and hereby agrees to pay the reasonable cost of such alteration,adjustment, or relocation,including, but not limited to the cost of acquiring appropriate easements. 3.The Utility shall have a reasonable right to enter upon the Property for the purposes outlined in paragraph 2 above, including the right to trim such trees, brush,and growth which may endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 4.The Utility shall repair any damage to the County's facilities resulting from the exercise of its rights as outlined in paragraphs 2 and 3 above. 5.These terms and conditions shall be attached as an addendum to that permit, if any, required by the County for location of the Utility's facilities within the Property. 6.This Agreement shall be assignable only to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first.above written. • ATTEST: BOARD OF C NTY COMMISSIONERS CRYSTAL K.KINZEL, Clerk of the COLLIER C TY, FLORIDA ' it Cou 'Comptroller • ea.�J l _ BY. 1 \k,(— _'- g't_ By: AttestDeoutv,as to I mairm s Burt L.Saunders, Chairman signature only. Signed,sealed and delivered COMCAST OF FLORIDA/MICHIGAN/NEW in our presence as witnesses: MEXICO/PENNSYLVANIA/WASHINGTON, LLC / �,,y a Colorado limited liability company AC, 4,1 /W---7 , � By: COMCAST CABLE COMMUNICATIONS, LLC WITNESS(Signature) a Delaware limited liability company, as Name: d NIA n � n(Ir'n.. Manager (Print or Type) By: COMCAST HOLDINGS CORPORATION as sole member T SS(Signature) By: wr..- �,�. �� _ / ''l Name. rick O'Hare Name: CI)Jfi 5'l kf U1 ( .4 O'6(0r) Title: Regional VP Engineering (Print or Type) COMCAST SUBORDINATION OF UTILITIES 2 Last Revised 05/01/2018 16B 1 STATE OF (C6 �J COUNTY OF 'fiWl ll�ANA The foregoing Subordination of Utility Interests was acknowledged before me by means of p(liysicalpresence or online notarization this 2 ' day of (1e4f,..t.— , 2020, by, f► � n Cf --- -. (Name), as (2_(4 I -' NC ;►�,(4_,,.. di (Title), of COMCAST HOLDINGS, INC., a Delaware corporation, as Mana�ing Member of COMCAST CABLE COMMUNICATIONS, LLC, a Delaware limited liability company, as Manager of COMCAST OF FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a Colorado limited liability company, on behalf of the corporation and the companies, who is personally known to me or who has produced as identification. (affix notarial seal) /VW--(1//At iliki t---/j2, _ (Signature of/Notary Public) 4 4 LP-IAA /4'/ (Print Name of"Notary Public) NOTARY PUBLIC Serial/Commission # (if any) My Commission Expires: 40 r 0. Notary Pubtic State of Florida �h Theresa Lynn Martin My Commission GG 302200 °�a Expires02l14l2023 Approved as to form and legality: P'a-)713 -4 Jennifer A. Belpedio „ , S\2OO Assistant County Attorney (0-) COMCAST SUBORDINATION OF UTILITIES 3 Last Revised 05/01/2018 i 1 6 B 1 \ . P.O.B. Li Exhibit "A" Q fV 1 LINE TABLE LEGEND LINE LENGTH BEARING ' p L1 12.86 N8919'08"E 1 P.O.B. = POINT OF BEGINNING ' a' L2 15.00 S80'56'51"W P.O.C. = POINT OF COMMENCEMENT .W O.R. = OFFICIAL RECORDS BOOK 0' 75' 150' 0 = DRAINAGE EASEMENT I I NO SCALE: 1" = 150' ifs � N \I t N NOTES 1. BEARINGS SHOWN HEREON REFER TO THE EAST RIGHT—OF—WAY LINE OF 30 \30' rt BAREFOOT WILLIAMS ROAD, LOCATED IN SECTION 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; BEING N 09'03'29" W. PA EXISTING CHAIN 2. DIMENSIONS SHOWN HEREON ARE IN UNITED STATES SURVEY FEET AND,iir LINK FENCE DECIMALS THEREOF. \ 1 3. PARCEL LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. T. \ LEGAL DESCRIPTION -v in '+D A PORTION OF "GOLF COURSE WEST", EAGLE CREEK COUNTRY CLUB, AS �I O r RECORDED IN PLAT BOOK 14, PAGES 1 THROUGH 5, OF THE PUBLIC —1' p a) 0 RECORDS OF COLLIER COUNTY, FLORIDA; BEING MORE PARTICULARLY 7c n r DESCRIBED AS FOLLOWS: cam- .� O BEGINNING AT THE NORTHWEST CORNER OF "GOLF COURSE WEST", EAGLE y D ri p CREEK COUNTRY CLUB, AS RECORDED IN PLAT BOOK 14, PAGES 1 THROUGH ',v m 0 cn 5, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N N Z m NORTH 89'19'08" EAST ALONG THE NORTH LINE OF SAID EAGLE CREEK O o ~ 0 m COUNTRY CLUB FOR 12.86 FEET; THENCE RUN SOUTH 09'22'42" EAST, FOR D' t = . N A DISTANCE OF 406.73 FEET; THENCE RUN SOUTH 09'03'29" EAST, FOR A ' AO DISTANCE OF 1011.23 FEET; THENCE RUN SOUTH 80'56'51" WEST, FOR A DISTANCE OF 15.00 FEET TO THE WEST RIGHT—OF—WAY LINE OF BAREFOOT o , G) clo WILLIAMS ROAD; THENCE RUN NORTH 09'03'29" WEST, ALONG THE EAST H' o = RIGHT—OF—WAY LINE OF SAID BAREFOOT WILLIAMS ROAD, FOR A DISTANCE 4� LT OF 1419.82 FEET TO THE POINT OF BEGINNING. _1 !,N 1,W O CONTAINING 20,818 FEET, MORE OR LESS. -1 , N to SIGNED, 3-28-2020 RECD 03-30-20 6\ , m PSM #6405 ' j JUUAAN ARAQUE STATE OF FLORIDA if 1 \' EXISTING CHAIN EXHIBIT A \ LJNK FENCE SKETCH AND LEGAL DESCRIPTION ' DRAINAGE EASEMENT EAGLE CREEK COUNTRY CLUB , COLLIER COUNTY, FLORIDA , I i LI !/ � p�V/ r Y DRAWN: JA {� CHECKED: JA i ,, O -`/ �'"T I O N 3 SCALE: 1" = 150' \ l' LAND SURVEYORS AND MAPPERS L.B. 7862 DATE: MARCH 28, 2020 '' L2 www.surveyflorida.com EAST RIGHT-OF-WAY 7422 MELDIN COURT FILE: BAREFOOT—DE I LINE OF BAREFOOT NAPLES, FLORIDA 34104 SHEET 1 OF 1 WILLIAMS ROAD PHONE: 239-595-7632 / ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 b B 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office itt% 11.X16 ) 2. BCC Office Board of County Commissioners J' lab 1a6 3. Minutes and Records* Clerk of Court's Office It 1 2410no l0r?i,QA14- *Please scan under Triangle Blvd Proj. No. 60215 in the BMR Real Property Folder. Thank you. PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robert Bosch,Mgr.,ROW Acquisition, Phone Number 252-5843 Contact/ Department Transportation Engineering Agenda Date Item was 02/23/2010 Agenda Item Number Resolution 2010-39 Approved by the BCC + k l 6 Type of Document Agreement Number of Original One Attached Documents Attached PO number or account DO NOT RECORD number if document is to be recorded INSTRUCTIONS & C EC ST Initial the Yes column or mark"N/A"in the Not Applicable c mn,whi ever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature. S.+1,A ✓ No 2. Does the document need to be sent to another agency for addi final signatures? If yes, No provide the Contact Information(Name;Agency;Address;Ph ne)on an attached she- . 3. Original document has been signed/initialed for legal sufficient . (All document • be signed by the Chairman,with the exception of most letters,must a reviewe. ., d signed �y (^'�Z) by the Office of the County Attorney. ` 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board �-� j2,5. The Chairman's signature line date has been entered as the date of BCC approval of the cal'"" document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's < signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010(enter date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 B 1 Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, November 24, 2020 11:17 AM To: Bosch Robert Subject: Master Agreement for Project#60215 Triangle Blvd/Price Street Attachments: Robert Bosch.pdf Hi Robert, Attached for your records is a scanned copy of the above referenced documents. Thanks, Martha Vergara BMR&VAB Senior Deputy Clerk OAT (If Office: 239-252-7240 . Fax: 239-252-8408 E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 1/441_ 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com t 1 6 B PROJECT: 60215 -Triangle Blvd. /Price Street PARCELNo(s): I07FEE, 107TCE1, 107TCE2, 107TDRE FOLIO No(s): Portion of 34520001005 MASTER AGREEMENT THIS MASTER AGR EMENT (hereinafter referred to as the "Agreement") is made and entered into on this ..(3.+Iciay of no,ipiftlabt2020, by and between NEW PLAN FLORIDA HOLDINGS, LLC, a Delaware limited liability company, whose mailing address is Ryan LLC Tax Compliance, PO Box 4900 Dept. 124, Scottsdale, AZ 85261-4900, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800,Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a Fee Simple Estate over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement, so that County may construct the TRIANGLE BLVD. /PRICE STR. PROJECT NO. 60215 (the "Project"); WHEREAS, County has requested that Owner convey to the County two Temporary Construction Easements over, under, upon and across the lands described in Exhibit "B" (hereinafter referred to as the "Temporary Easement"), which is attached hereto and made a part of this Agreement, for the purpose of constructing roadway, sidewalk, drainage and utility facilities within the area of the Easement and within the public right-of-way immediately adjacent thereto, in connection with the Project; WHEREAS, County has requested that Owner convey to the County a Temporary Driveway Restoration Easement (hereinafter referred to as "Restoration Easement;" collectively the Property, the Temporary Easement and the Restoration Easement may be referenced as the "Designated Areas") over, under, upon and across the lands described in Exhibit "C" attached hereto and made a part of this Agreement. in connection with the Project; and WHEREAS, Owner recognizes the non-monetary benefit to Owner resulting from a smooth transition between Owner's existing driveway and the new roadway, and desires to convey the Designated Areas to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Designated Areas requested by County. NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1b8 1 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING AND CLEAR TITLE - Owner shall convey the Designated Areas to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a properly executed Deed, Temporary Construction Easement Agreement and Restoration Easement Agreement, in the forms attached hereto as Exhibit D) is hereinafter referred to as the"Closing." Owner shall obtain from the parties listed on Exhibit E, which is attached hereto and made a part of this Agreement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Designated Areas upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the Closing Documents, properly executed, witnessed, and notarized where required, in a form acceptable to County. 3. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. Notwithstanding the foregoing, Closing shall be delayed until such time as Owner Approvals are received. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. County shall be entitled to full possession of the Property at Closing. The County agrees that time is of the essence with respect to construction of the Project. Therefore, the County shall commence construction of the Project within a reasonable time after Closing and diligently and continually proceed to complete the Project once construction has commenced. 4. CURATIVE INSTRUMENTS AND PROCESSING FEES - County shall pay all fees to record any curative instruments required to clear title, and all Deed recording fees. In addition, County shall pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Property. County shall have sole discretion as to what constitutes "reasonable processing fees." 5. TERM OF EASEMENT - The term of the Temporary Easement and Restoration Easement shall commence upon the issuance of Purchaser's official Notice to Proceed to its roadway contractor for the Project and shall automatically terminate two (2) years therefrom. 6. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in 16B 1 breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 7. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 8. ENTIRE AGREEMENT - Conveyance of the Designated Areas by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 9. VENUE AND CHOICE OF LAW - This Agreement is governed and construed in accordance with the laws of the State of Florida. Owner and County agree that the exclusive jurisdiction and venue of any lawsuit between them arising under this Agreement or the transactions contemplated herein shall be the state and federal courts whose jurisdiction includes Collier County, Florida, and each of the parties hereby irrevocably agrees and submits itself to the exclusive jurisdiction and venue of such courts for the purposes of such lawsuit. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. 1613 1 AS TO COUNTY: I DATED:‘.1010e)C , , ATTEST:. % ,;!:- BOARD OF COUNTY COMMISSIONERS CRYSTAL k:. KINZELtlerk of the COLLIER COUNTY, FLORIDA Circuit Court& Comptroller 11' BY: -„,, Thk-W-i'' 1' ' 1 BY: Afef/iifewe'.°1611..".. Burt L. Saunders, Chairman Deputy ClerkAttest. et,;- I Chaim.nts ignatur-only. AS TO OWNER: NEW PLAN FLORIDA HOLDINGS. LLC. a Delaware ' ted li' II: v company DATED: (\MAW k0 i 2020 Name: mejahcw &A Witness (Signature) Title: Name rint or y ) Vitness igna ure) (Areq Aithitn.44( Name (Vint or Type) Approved as to form and legality: Jen I_CLA IP r A. Belpedio k 0.P <%30° Assistant County Attorney clibb N4` •0\ Last Revised 08/12/2020 - - 16- Q 1 "" THIS IS NOT A SURVEY ►.>< EXHIBIT I'AI I _ PARCEL 107FEE PAGE 1 of 2 SKETCH A PORTION OF SECTION 34 TWN 50 RNG 26E Parcel No.:34520001005 Strap:309400 3A 16B03 t! / c+SJ c\ • a�6�fo �( J f.' •VN VJ °4��L v� d� Q , \\ / N \ J n SJ A , h TRAC" 3A N N rM.f i FREEDOM SQUARE '\ PLAT BOOK 22. PAS 56-58 (,) , AOe N` eq.' 1¢ F"hS\\ •vim •,CJ,LfX g / TRACT TF FREEDOM SQUARE PB 22, PG 55-58 ` 4. / vQ hO / ,huh) / Gti 0° c�QO � O q' 4q LINE OLARINO _ DISTANCE] !-1 N 54'1 5'41'' W '12.52' / L2 S 54'15'41" E 80.00' % / L3 IN 35'44n'9" E 49.19' , L CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD EEARiNGICHORD LENGTH rCM " ROW / C1 10.66' 83 00' 7'21'29" S 21'07 55` E 0.65 / F— C2 7.231 33 00' 12'32'45" S t '1 e 48 F 1 )t' _—___ .__ ' / ��� �lg iC3 *43.11' 80:14' 130'49 1 3" _ �S 10'1 30' N,' 42.59` f�' C=R IFY THAT THIS MAP WAS MADE UNDER MY DIREC'i.ON ANC THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS 5.7 FORTH BY THE BOARD OF DROFESSCNAL LAND SJR'VEYORS N CHAPTER 5J-17.050 TIRD-IC'I .052. FLORIDA THIS MAP IS NOT VALID WITHOU- THE ORIGINAL AOM'NISTRATIVE CODE, PURSUANT TO 0HA1'r[s-' 472.027, FLORIDA STATJTES. SIGNA"-URE AND RAISED SEAL OF THE FLORIDA -IC'LNSED SURVEYOR AND MAPPER MARK D. McCLEARY, PSM FLORIDA REGISTRATION No. 6557 %fj '" FOR COLLIE.R COUNTY �' 'i , j%,7 IUD"/' — DATE SIGNED 4� tjI BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 107FEE TRANSPORTATION ENGINEERING DIVISION 2805 80011 1931191991109 00121'set — --- ts FLORIDAa orlon 91101 tzse)252-else _ F 'SHEET 1 of 2 IFILE: DATE ROJ nc. 5HE _____., 16B *** THIS IS NOT A SURVEY *** PARCEL 107FLE EXHIBIT "A" DESCRIPTION PAGE 2 of 2 A PORTION OF SECTION 34 TWN 50 RNG 26E Parcel No.:34520001005 Strap:309400 3A 16B03 DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 34,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF TRACT 3E OF FREEDOM SQUARE,AS RECORDED IN PLAT BOOK 22, PAGES 56-58 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. THENCE N 54°15'41" W A DISTANCE OF 112.52 ALONG THE SOUTHERLY RIGHT OF WAY OF TRIANGLE BLVD.OF SAID PLAT'; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 10.66', WITH A RADIUS OF 83.00', WITH DELTA ANGLE OF 07°21'29",WITH A CHORD BEARING OF S 21°07'55" E, WITH A CHORD LENGTI I OF 10.65'; THENCE WITH A COMPOUND CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 7.23', WITH A RADIUS OF 33.00', WITH DELTA ANGLE OF 12°32'45", WITH A CHORD BEARING OF S 1 1°10'48" E, WITH A CHORD LENGTH OF 7.21'; THENCE WITH A COMPOUND CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 43.11'. WITH A RADIUS OF 80.14', WITH DELTA ANGLE OF 30°49'13", WITH A CHORD BEARING OF S 10°14'30"W, WITH A CHORD LENGTH OF 42.59'; THENCE S 54°15'41" E A DISTANCE OF 80.00'; THENCE N 35°44'19" E A DISTANCE OF 49.19 ALONG THE EAST LINE OF TRACT 3E OF SAID PLAT; WHICI I IS TILE POINT OF BEGINNING, HAVING AN AREA OF 4,469.76 SQUARE FEET,0.103 ACRES MORE OR LESS. BASIS OF BEARINGS: SOUTH LINE OF SECTION 34 BEARS S 89°26'31" E. TECM - ROW OCT 1 5 2019 I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF THIS MAP IS NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGHr.052, FLORIDA SIGNATURE AND RAISED SEAL OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION 6557 FOR COLLIER COUNTY ,//,// �� AO—� -49 DATE SIGNED: , G dee" 'LfjL BOARD OF COUNTY COMMISSIONERS TITLE COWER COUNTY, FLORIDA PARCEL 107FEE TRANSPORTATION ENGINEERING DIVISION 2880 900711 HO99L9HOL DHH'L HAF7M RIAfl9A 34104(292)002-DIRT DATE I PROJ No. (SHEET 2 of 2 ]FILE: 16- B 1 •4" THIS IS NOT A SURVEY '•• EXHIBIT "B" I',AAR( IJ I07 I('I I PAGE 1 of 4 Slit.F(11 A PORTION Of. Sli('I ION 14"I'wV .0 RN(:26I PAI{(1a-,No. 34520001005 Strap No.:109400 3a 1 GB03 / N / v N ,¢ N. . NN. la N 11ef0 9 N 19 N ` TEMPORARY DRIVEWAY 0/,, CONSTRUCTION EASEMENT N C°t� N / DURATION 2 YEARS N ajV' N N A N. LEGEND: N 0 , TCE — TEMPORARY CONSTRUCTION EASEMENT N N. N N v N N TRACT 3A FREEDOM SQUARE li PLAT BOON 22. PCS 56-5B A 4{ N Q.) / N 4-ar G % / / I � 'SAP '�/'� 'LINE BEARING DISTANCE ie L1 S 35'44'19' W 53.96' // L2 S 35'44'19' W'50.00' 4-0ti L3 N 54'15'41' W 20.00' a L4 N 35'44'19' E 50.00' L5 S 5415'41' E 20.00' I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THIS MAP IS NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF THE ORIGINFLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM Digitally signed by Mark '!" FLORIDA REGISTRATION No. 6557 :""s''. D McCleary,CC-PSM FOR COWER COUNTY ((, Date:2020.03.1 7 DATE SIGNED: ti — 10.37.11 04'00' 1 TI-LE BOARD OF COUNTY COMMISSIONERS COWER COUNTY, FLORIDA PARC E1 107 II'E. 1 1 TRANSPORTATION ENGINEERING DIVISION VMS MOV H ROMP:HOZ DWI „„P,ADV.FLORIDA MID*(,,,)„t_„P* DATF 1 PROJ No. 1SHEET 1 of 2 FILE: 168 1 EXHIBIT "B" ••' THIS IS NOT A SURVEY ••• PAGE 2 of 4 PAR('LI. 107 TC'I I DESCRIPTION A POR LION OF SGC"fU)N 34 TW'N 50 RNG 26F PARCEL No. 34520001005 Strap No.:309400 3a 161103 DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 34.TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHERLY RIGI IT OF WAY OE TRIANGLE BLVD. AND THE NORTHWEST CORNER OF TRACT 3A OF THE FREEDOM SQUARE PLAT, AS RECORDED IN PLAT BOOK 22. PAGES 57 OF TI lE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. THENCE S 35'44'19" W ALONG SAID EAST LINE A DISTANCE OF 53.%' TO TIIE POINT OF BEGINNING. THENCE CONTINUE ON SAID EAST LINE S 35'44'19" W A DISTANCE OF 50.0% THENCE N 54°15'41" W A DISTANCE OF 20.00': THENCE N 35°44'I9" E.A DISTANCE OF 50.00'. THENCE S 54°15'41" F. A DISTANCE OF 20.00': WHICH IS THE. POINT OF BEGINNING. HAVING AN AREA OF 1000.00 SQUARE FEET. 0.023 ACRES. BASIS OF BEARINGS: SOUTH LINE OF SECTION 34 BEARS S 89'26'3I" E. Digitally signed by ,. °^MNuc4 Mark D McCleary, CC- • '• •= PSM • eurt Date: 2020.03.17 10:05:48-04'00' I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052. FLORIDA THIS MAP IS NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF THE ORIGINFLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. UCENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION No. 8557 FOR COWER COUNTY DATE SIGNED: BOARD OF COUNTY COMMISSIONERS nTLE COLLIER COUNTY, FLORIDA PARC'EI. 107 TC'E 1 TRANSPORTATION ENGINEERING DIVISION ¢em eoarl I°Ilneol IMSVI N.rue.naam.34104 tees)gee-eue DATE 1 PROJ No. !SHEET 2 of 2 FILE; 16B ••• THIS IS NOT A SURVEY ••• EXHIBIT "B" PARCEL 107 1('I 2 PAGE 3 of 4 SKE1( II A PORTION OF SE('i ION 34•EWN 50 RNG 26I; PARCEL No. 34520001(II)5 Strap No.:309400 3a 1611(13 , 'ti ` C.) c$C \ a /Z.St S' © \ •c T •O 0 °41f NN---et, .% `LEGEND: TCE — TEMPORARY CONSTRUCTION EASEMENT `� .NN.. `• \TRACT 3A ` FREEDOM SOUARE PLAT BOOK 22, PCS 56-58 er .4 %N\\>'N,,N, 7) Y„�. w� N',.., �� \\ 4VP a0 L1 S 35'4419 W 49.19 �j L2 S 35'44'19" W 408.68' / LS S 54'15'41" E 80.00' L4 N 35'44'19" E 408.68' L5 N 5415'41" W 80.00' I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF AL ORI( N PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THIS MAP IS NOT VALID WITHOUT NE ORIGIN SIGNATURE AND RAISED SEAL OF THEFLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. LICENSED SURVEYOR AND MAPPER. Digitally signed by Mark MARK D. MCCLEARY, PSM Gc? D McCleary.CC-PSM FLORIDA REGISTRATION No. 6557 ;) Date:2020.03.i7 FOR COWER COUNTY to:50:10-oa'oo' DATE SIGNED: BOARD OF COUNTY COMMISSIONERS T1TLE COLLIER COUNTY, FLORIDA PARCEL 107 TCE 2 TRANSPORTATION ENGINEERING DIVISION 0,86 8D1""egos DATE I PROJ No. (SHEET I of 2 FILE: WI"?OMA Slam Oa*a6s-»w I 6 B 1 EXHIBIT "B" ••• THIS IS NOT A SURVEY ".• PAGE 4 of 4 PARCEL 107'ICE 2 DESCRIPTION A POR HON OF SECTION 34 TWN 50 RNO 26E PA RCN No, 34520001005 Strap No.:309400 is 16130.1 DESCRIPTION: A PARCEL OF LAND LYING IN SFCT ION 34. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHERLY RIGHT OF WAY OF TRIANGLE BLVD. AND THE NORTHWEST CORNER OF TRACI-3A OF THE FREEDOM SQUARE PLAT, AS RECORDED IN PLAT BOOK 22. PAGES 57 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. THENCE S 35°44'19" W ALONG SAID EAST LINE. A DISTANCE OF 49.19' TO THE POINT OF BEGINNING: THENCE CONTINUE ON SAID EAST LINE S 3544'19" W A DISTANCE OF 408.68% THENCE S 54°1541" E A DISTANCE OF MO.0U'. THENCE N 35°44'19" E A DISTANCE OF-In06W: THENCE N 54°1541" W A DISTANCE OF 80.00': WHICH IS THE POINT OF BEGINNING. HAVING AN AREA OF 32.695 SQUARE FEET, 0.751 ACRES. BASIS OF BEARINGS: SOUTH LINE OF SECTION 34 BEARS S 89'26'31" E. Digitally signed ....... 4-s)........... by Mark D 47/...° .1 McCleary, CC- . STATE OF PSM ot••••:$: .R111- ,p6„•ss Date: 2020.03.1 7 ............... 10:49:09 -04'00' I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS NE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052. FLORIDA THIS MAP IS NOT VAUD WITHOUT THE ORIGINAL ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. SIGNATURE AND RAISED SEAL OF THE FLORIDA UCENSED SURVEYOR AND MAPPER. MARK D. McCLEARY. PSM FLORIDA REGISTRATION No. 6557 FOR COWER COUNTY DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 107 TCE 2 TRANSPORTATION ENGD•DIJSRING DIVISION 1/886 SOINS MUM=DIOS WM.?IDIOM 3•104 Cm.)112*-8111i DATE I PROJ No. (SHEET 2 of 2 IFILE: . 16B 1 ••" THIS IS NOT A SURVEY .+' EXHIBIT "C" PARCEL 107TDRE PAGE 1 of 2 SKETCH A PORTION OF SECTION 34 TWN 50 RNG 26E PA R C E L No. 34520001005 Strap No.:309400 3a 16B03 / / , / / / / / - - / / / / / / i // S' /// y // o' <TD c'5 • �,�� a e 12/ / �� / / / ,„o ' ' tiq.) c' 4).1- i,/ r ,,,co o' / / / / Q. / ' :ti`, / / / �� r / / / / / / / / , #/ / / / / / / / / / 4' / / / r , // / TEMPORARY DRIVEWAY RESTORATION EASEMENT DURATION 2 YEARS LEGEND: / TDRE — TEMPORARY DRIVEWAY RESTORATION EASEMENT / / / / LINE BEARING DISTANCE L1 N 41'07'18" W 10.00' L2 S 41'07'191' E 10.00' // CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH / C1 117.65' 545.00' 12'22'05" N 41'54'20" E 117.42' C2 15.00' 545.00' 1'34'37" N 48'52'41" E 15.00' fTECM - ROW C3 15.00' 535.00' 1'36'23" S 48'52'41" W 15.00' / OCT 2 1 ?OK I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052 FLORIDA THIS MAP IS NOT VALID WITHOUT THE ORIGINAL ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. SIGNATURE AND RAISED SEAL OF THE FLORIDA MARK D. McCLEARY, PSM LICENSED SURVEYOR AND MAPPER. FLORIDA REGISTRATION o. 6557 FOR COLLIER COUNTY e/ ce,„,(i�' / //Q f',�""7, DATE SIGNED: G/ BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL I07TDRE TRANSPORTATION ENGINEERING DIV:SION 2885 Socr)NOR91MHOL DRY[ NAPIES,P(OR9A 54104(SG)262-8102 DATE I PROJ No. SHEET 1 of 2 FILE: --- 16- B 1 EXHIBIT "C" *'• THIS IS NOT A SURVEY +m• PAGE 2 of 2 PARCEL 107 FDRE DESCRIPTION A PORTION OF SECTION 34 TWN 50 RNG 26E PARCEL No. 34520001005 DESCRIPTION: A PARCEL OF LAND I.YING IN SECTION 34,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT EASTERLY RIGHT OF WAY OF TRIANGLE BLVD.AND THE SOUTHERN NORTHWEST CORNER OF TRACT 3A OF THE FREEDOM SQUARE PLAT,AS RECORDED IN PLAT BOOK 22, PAGES 57 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. THENCE WITH A CURVE TURNING TO THE RIGIIT WITII AN ARC LENGTH OF 117.65', WITH A RADIUS OF 545.00',WITH A DELTA ANGLE OF 12°22'05", WITH A CHORD BEARING OF N 41°54'20" E, WITH A CHORD LENGTH OF 117.42'TO THE POINT OF BEGINNING. THENCE CONTINUE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 15.00', WITH A RADIUS OF 545.00', WITH A DELTA ANGLE OF 1°34'37", WITH A CHORD BEARING OF N 48°52'41" E, WITH A CHORD LENGTH OF 15.00'; THENCE S 41°07'18"E A DISTANCE OF 10.00'; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 15.00', WITH A RADIUS OF 535.00', WITH A DELTA ANGLE OF 1°36'23", WITH A CHORD BEARING OF S 48°52'4I" W, WITH A CHORD LENGTH OF 15.00'; THENCE N 41°07'19" W A DISTANCE OF 10.00'; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 150.00 SQUARE FEET,0.003 ACRES. BASIS OF BEARINGS:SOUTH LINE OF SECTION 34 BEARS S 89°26'3I" E; I CERTIFY THAT THIS MAP WAS MADE UNDER MY DitECT1ON AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF THIS IS NOT VAUD WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THIS MAPAPE AND RAISED SEAL UOT THE ORIGINAL ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. SIGFLORIDA LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION Na 65557�� �j� �I G �+ /y+ FORT COLLIER COUNTY ��C�s'Lt�CXj d r/7 "/j DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 107TDRE TRANSPORTATION ENGINEERING DIVISION 8880 DOtTh HORSESHOE DRIVE NAPI28.PLORIDA 34104(239)262-81112 DATE I PROJ No. ISHEET 2 of 2 [FILE: 16- B 1 PROJECT: 60215—Triangle Blvd. PARCEL No(s): 107FEE FOLIO No(s): Portion of 34520001005 WARRANTY DEED dY1THIS WARRANTY DEED made this d0 day of , 2020, by and between NEW PLAN FLORIDA HOLDINGS, LLC, a Delaware limited liability company, whose mailing address is Ryan LLC Tax Compliance, PO Box 4900 Dept. 124, Scottsdale, AZ 85261-4900 (hereinafter referred to as "Grantor") to COLLIER COUNTY, a political subdivision of the State of Florida, whose post office address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112(hereinafter referred to as"Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs. legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida,to wit: See attached Exhibit"A"which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY NOR IS IT CONTIGUOUS THERETO TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: NEW PLAN FLORIDA HOLDINGS, LLC, a Delawar limited liability itet `1�l.J� m p t ss(Signature) Name: rA 0004,6 Q Title: t cub& Vkx. Prase figAt Nam Print o y fitness gat e) ZifiCeti i property MS been acquired under Name(PtAt or Type) of condemnation and is exempt THIS CONVEYANCE ACCEPTED BY THE from documentary stamp tax. BOARD OF COUNTY COMMISSIONERS, COWER COUNTY.FLORIDA, PURSUANT TO THE P!OVISIONq OF RESOLUTION NO. ot t - `( 16B STATE OF L.5 t,e COUNTY OF Cc I The foregoing Warranty Deed was acknowledged before me y means ofysical presence or ❑ online notarization his 0 N day of 6:e 2020, by �c,,� , as � , of NEW PLAN FLORIDA OLDINGS, LLC, a Delaware limited liability company.who: (,/ is personally known to me OR produced as proof of identity. (affix notarial seal) ``",1'1Il,' (Signature of Notary Public) � ssioN'.yS �� (Print Name of Notary Public) ( i)J 001(Oto 159- t �,Q1- `y� 4_ Serial/Commission# if any): — pt PuBoo I�� My Commission Expires: / �7�` � . `t • n i i;t9.ARIL 4.?o .' ' (c, App oved as to form and legality: 05? `yo13 \� 1 Jennifer A. (3clpedio Assistant County Attorney Last Revised.10/15/10 16- 8 1 "" THIS IS NOT A SURVEY .Y. EXHIBIT "A" PARCEL 107FEE PAGE 1 of 2 SKETCH A PORTION OF SECTION 34 TWN 50 RNG 26E Parcel No.:34520001005 Strap:309400 3A 16B03 \ s , / , N / 'N ' ,K, (-\ N N. c-1 N. 4k TRAC- 3A , ,-,,, FREEDOM SQUARE "'\, PLAT BOOK 22. POS 56-58 <� ti �� �6 Je . / "3 T. el e 1� N.: \; / .., .. ' TRACT .-IF \ / / \FR_E00M SQUARE PB 22. PG 56-58 4/ :? / / Qm LINE BEARING DISTANCE 1 / 11 _ N 54'15`41" W "12.52' / 1L2 S 54.15'41" E 80.00' // L3N 35'44'19" E 49.19' /f / CURVE ARC LENGTH'RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH / C"i " ROW // Cl - 10.66' 83.00` 7'21'29" S 21'07'55" E 0.65' C2_J _.7.23' 33.00' 12'32'45" S 11'10'48" F 7.21' \ OCT 1 5 2019,/ C3 143.11' 80.14' 30'49'13" S 10_14`30" W 42.59' f,1' I CER-IFY THAT THIS MAP WAS MADE UNDER MY DIREG.ON ANC THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS S:T FORTH BY THE BOARD OF PROFESSCNAL LAND SURVEYORS N CHAPTER 5J-17.050 TIIROL!O'' .052, FLORIDA THIS MAP IS NOT VALID WIIHOU' THE ORIGINAL ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472 027, I`1 ORIDA STATUTES. SIGNATURE AND RAISED SEA! OF THE FLORIDA JC=NSEC SURVEYOR AND MAPPER MARK D. MCCL.EARY, PS`1 FLORIDA REGISTRATION No. 6557FO /F� /�,{ DARECSIGNED:LLIER COUNTY ./-�'L/✓ + / -/ BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 107FEE TRANSPORTATION ENGINEERING DIVISION I,.r6,111 80148199110t DRIVE .. - ' DA 94104 Min 252-8192 DATE PROD Nc. SHEET 1 of 2 !FILE; 16B 1 *** THIS IS NOT A SURVEY *** PARCEL 107FEE EXHIBIT "A" DESCRIPTION PAGE 2 of 2 A PORTION OF SECTION 34 TWN 50 RNG 26E Parcel No.:34520001005 Strap:309400 3A 16B03 DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 34,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF TRACT 3E OF FREEDOM SQUARE,AS RECORDED IN PLAT BOOK 22, PAGES 56-58 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. THENCE N 54°15'41" W A DISTANCE OF 112.52 ALONG THE SOUTHERLY RIGHT OF WAY OF TRIANGLE BLVD.OF SAID PLAT'; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 10.66', WITH A RADIUS OF 83.00', WITH DELTA ANGLE OF 07°21'29", WITH A CHORD BEARING OF S 21°07'55" E,WITH A CHORD LENGTH OF 10.65'; THENCE WITH A COMPOUND CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 7.23', WITH A RADIUS OF 33.00',WITH DELTA ANGLE OF 12°32'45", WITH A CHORD BEARING OF S I1°10'48" E, WITH A CHORD LENGTH OF 7.21'; THENCE WITH A COMPOUND CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 43.11', WITH A RADIUS OF 80.14', WITH DELTA ANGLE OF 30°49'13", WITH A CHORD BEARING OF S 10°14'30"W, WITH A CHORD LENGTH OF 42.59'; THENCE S 54°15'41" E A DISTANCE OF 80.00'; THENCE N 35°44'19" E A DISTANCE OF 49.19 ALONG THE EAST LINE OF TRACT 3E OF SAID PLAT'; WI!ICI I IS TI IE POINT OF BEGINNING, HAVING AN AREA OF 4,469.76 SQUARE FEET, 0.103 ACRES MORE OR LESS. BASIS OF BEARINGS: SOUTH LINE OF SECTION 34 BEARS S 89°26'31" E. TECM - ROW OCT 1 5 2019 I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF THIS MAP IS NOT VAUD WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGHc 052, FLORIDA SIGNATURE AND RAISED SEAL OF THE ORIGINAL ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. FLOIDA LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION 6557 FOR C COUNTY XJ 1�2��Grl j� SIGNED: DATE SIGNED: " BOARD OF COUNTY COMMISSIONERS TITLE COWER COUNTY, FLORIDA PARCEL I07FEE TRANSPORTATION ENGINEERING DIVISION EWES SOUTH HORSESHOE DAM HAPSES.rIMCDA 34104(239)Z'2-0192 DATE I PROJ No. (SHEET 2 of 2 IFILE: 16B 1 PROJECT: 60215 —Triangle Blvd. PARCEL No(s): 107TCE1 & 107TCE2 FOLIO No(s): Portion of 34520001005 TEMPORARY CONSTRUCTION EASEMENT iIS TEM RARY CONSTRUCTION EASEMENT, is made and entered into this ,'O day of 2020, by NEW PLAN FLORIDA HOLDINGS, LLC, a Delaware limited liability company, whose mailing address is Ryan LLC Tax Compliance, PO Box 4900 Dept. 124, Scottsdale, AZ 85261-4900 (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESS ETH: That the 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 to the Grantee, two Temporary Construction Easement to enter upon the lands described as follows: SEE ATTACHED EXHIBIT "A" which is incorporated herein by reference, for the purpose of constructing roadway, sidewalk, drainage and utility facilities within the area of the Easement and within public right-of-way immediately adjacent thereto. The term of this Temporary Construction Easement shall commence upon the issuance of Grantee's official Notice to Proceed to its roadway contractor for the construction of the Triangle Boulevard Project No. 60215 and shall automatically terminate two years therefrom. Upon completion of the construction of improvements within the public right-of-way immediately adjacent to the Temporary Construction Easement, Grantee shall use its best efforts to restore the surface of the Temporary Construction Easement area to its pre-existing condition. THIS CONVEYANCE ACCEPTED SY THE BOARD OF COUNTY COMMISSIONERS, focilmMY RSE teen actauircd UMW COWER COUNTY.FLORIDA, *wit at tlo�t�andis exempt PURSUANT TO THE PROVISIONS OF RESOLUTION NO. 2 0 - S I fA documentaly stamp tax. 16- B 1 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: NEW PLAN FLORIDA HOLDINGS, LLC, a cD � Delaw r limit li lity company ��Asf iL. By: . V �rSess (Signature) N e: CYkGkXhto oz 23( ' i , / ' ► ifs•. Title: L—'x:eC ve. ViCj.. PaCi CUAX, Na ,t (Print2Hype) J / itne (Signature) 4 A � l Name (Print or Type)" STATE OF GALA. +c., COUNTY OF Cp.ib The joregoing Temporary Construction Easement was acknowledged before me by means of Hphysical oresence or (- online notarization this 10.4 day of �v-E,,•31 s l' , 2020, by I\ArAel, YCLIGr< , as v e of NEW PLAN FLORIDA HOLDINGS, LLC, a Delaware limited liability company, who: /.. is personally known to me OR produced N/ as proof of identity. (affix nSkairiMlitdgh, 0644,4/1 `•0 OSHA 5%, (Signature of Notary Public) •OtAM's ; 9y'i 36-,,a0• �4 ttOti,9 N /41.14 m : _. J me _ (Print Name of Notary Public) • '� `' .. ';, ,&LIG Q� : C/ ;9it See C?. Serial / Commission # (if any): - On4 0(I IS'+' ,,G ,' ---- cic My Commission Expires: y/y/oLo � ',es;ti►ii GE`,.• Approved as to f rm and legality: �Q) Ispf' ,,,Jk\- Jennifer A. Belpedio \NO Assistant County Attorney 2 163 1 *** THIS IS NOT A SURVEY *** EXHIBIT "A" PAR('H. 107 T( I': I PAGE 1 of 4 Slil:IY'l I A PORTION UI SF.("7I0N 34 TWN 50 RNG 26F. PAR('U,No. 34520001(I05 Strap No.:309400 3a 161103 / ` SN N' „‘ )�ei v �f./ i .�N. ` a� \ �fe N. �' N ��' TEMPORARY DRIVEWAY N del/ //49 CONSTRUCTION EASEMENT `•N. 01, N DURATION 2 YEARS N `�J'V' N N NNN A N. LEGEND: N 'O c TCE - TEMPORARY CONSTRUCTION EASEMENT \ N N N v N4 N. TRACT 3A FREEDOM SOUARE �S PLAT BOOK 22, PCS 56-58 ._�-,A D� Oe 0 N. ,J N. 1/4,..) ....44s\41NN 4'cl�'� 'LINE BEARING NSTANCE ."' 3'Qc' L1 S 35'44'19" W ,53.96' 4.. L2 S 35'44'19" W 50.00' FQ ti / L3 N 54'15'41" W 20.00' L4 N 35'44'19" E 50.00' / i L5 S 5415'41" E 20.00' / I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THIS MAP IS NOT VAUD WITHOUT THE SIGNATURE AND RAISED SEAL OF THE ORIGINFLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM Digitally signed by Mark FLORIDA REGISTRATION No. 6557 ` D McCleary,CC-PSM FOR COWER COUNTY I%k .' iit Date:2020.03.17 DATE SIGNED: ,`..M' — 1037.11 041XY TITLE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PARCEL 107 T('L I i TRANSPORTATION ENGINEERING DIVISION zee,emmI HOHsZSPmi mw. DATE I PROJ No. (SHEET 1 of 2 ]FILE: m.s�,rummy aaa(WM)eae-eiat I6- B 1 EXHIBIT "A" ••• THIS IS NOT A SURVEY ••• PAGE 2 of 4 PARI'LI. I07'II'L I DESCRIPTION A PI)R DON OF SECTION 34 I'WN 50 RNG 26E PARCEL No. 34520001005 Strap No.:309400 3a I6003 DESCRIPTION: A PARCEL.OF LAND LYING IN SECTION 34. TOWNSHIP 50 SOUTH, RANGE 2( EAST. COLLIER COUNTY. FLORIDA. MORE. PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHERLY RIGIFI'OF WAY OF TRIANGLE BLVD. AND TILE NORTHWEST CORNER OF TRACT 3A OF TIIE FREEDOM SQUARE PEAT, AS RECORDED IN PEAT BOOK 22. PAGES 57 OF TI IF PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. THENCE S 35`44'19" W ALONG SAID EAST LINE A DISTANCE OF 53.96' TO TILE POINT OF BEGINNING: THENCE CONTINUE ON SAID EAST LINE S 35"44'19" W A DISTANCE OF 50.0'. THENCE N 54`15'4I"W A DISTANCE.OF 211.00': THENCE N 35'44'19" E A DISTANCE OF 50.00'. THENCE S 54°I5'41" F. A DISTANCE OF 20.00': WHICH IS THE. POINT OF BEGINNING. HAVING AN AREA OF 1000 III)SQUARE FEET.0.023 ACRES BASIS OF BEARINGS: SOUTH LINE OF SECTION 34 BEARS S 89`26'3I" E. Digitally signed by Mark D McCleary, CC- dS67 L� •� * PSM STAt�o •^10�t•` Date: 2020.03.17 10:05:48-04'00' I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY NE BOARD OF' ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THIS MAP IS NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF THE ORIGINFLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. UCENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION No. 8557 FOR COWER COUNTY DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COWER COUNTY, FLORIDA PARC'EI. 107 TCE I TRANSPORTATION ENGINEERING DIVISION veee aWDnt HORMsmoe DAM NOM.now 3404(Macs 198-e1111 DATE ( PROJ No. ]SHEET 2 of 2 FILE: 1 6 B 1 ••• THIS IS NOT A SURVEY •mm EXHIBIT "A" PAR('EI. 107 TCE 2 PAGE 3 of 4 SKETCH A PORTION OF SUCTION 34 TWN 51) RN(i 261% PARC'PI.No. 3452001)1005 Strap No.:309400 3a 161103 Q) . .•N S e� • \ • , • • '0c N. �1d \• ��f -0 0 ` ti 0 N.. el/ `c-ek, LEGEND; �� ��di-,�, `.,„Zt , TCE - TEMPORARY CONSTRUCTION EASEMENT 7 ` . . NN. , TRACT 3A FREEDOM SQUARE PLAT BOOK 22, PGS 56-58 ,, � - ` � N n. , , NN`N 1 "4 Iv e,� q-ryM1 L1NEJEARINq DISTANCE Lt S 35'4419- W 49.19 j L2 S 35'44'19'. W 408.68' LS S 54'15'41" E 80.00' L4 N 35'44'19" E 408.68' ' L5 N 5415'41" W 80.00' / / I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THIS MAP IS NOT VAUD WITHOUT THE SIGNATURE AND RAISED SEAL OF THE ORIGINFLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. - DigrtaIIy styned by Mark UCENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM D McCleary,CC•PSM FLORIDA REGISTRATION No. 6557 I��„ .1,' Date:2020.03.17 FOR COLLIER COUNTY • .. 10.50:10-04'00' DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COWER COUNTY, FLORIDA i,A1(('EL 107 TCE 2 TRANSPORTATION ENGINEERING DIVISION 21584 90011 1101t31:31401 DWI SAMS6.MAEDA,4,p4 lo„)eae-alga DATE I PROJ No. 'SHEET 1 of 2 FILE: 16 EXHIBIT "A" ••• THIS IS NOT A SURVEY ••• PAGE 4 of 4 PARCEL. 107 ICE 2 DESCRIPTION A PORTION OF SECTION 34 TwN 5o R\G 26E PARCEL No. 34520001005 Strap No.:309400 3a I6B03 DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 34.TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHERLY RIGHT OF WAY OF TRIANGLE. BLVD. AND THE NORTHWEST CORNER OF TRACT 3A OF THE FREEDOM SQUARE PLAT. AS RECORDED IN PLAT BOOK 22. PAGES 57 OF TILE MIMIC RECORDS OF COLLIER COUNTY. FLORIDA. THENCE S 35'44'19"19" W AI.ONCi SAID EAST LINE. A DISTANCE OF 49.19' TO THE POINT OF BEGINNING; THENCE CONTINUE ON SAID EAST LINE S 35'44'19" \V A DISTANCE OF 408.68'; THENCE S 54°15'4I" E A DISTANCE OF 80.00'; THENCE N 35'44'19" E A DISTANCE OF 4U24.6W. THENCE N 54°I5'4I" VV A DISTANCE OF RI)00% WHICH IS THE POINT OF BEGINNING. HAVING AN AREA OF 32.695 SQUARE FEET. 0.751 ACRES. BASIS OF BEARINGS: SOUTI I LINE OF SECTION 34 BEARS S 89'26'31" E: Digitally signed .."4; ;F•''' by Mark D : McCleary, CC- : 8557 Y STATE OF p p5M ORIOP: ***: Date: 2020.03.17 1 0:49:09 -04'00' I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052. FLORIDA THIS MAP IS NOT VALID WITHOUT THE O SIGNATURE AND RAISED SEAL OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. UCENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION No. 6557 FOR COWER COUNTY DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL. 107ICE2 TRANSPORTATION ENGINEERING DIVISION 8866 ROUTE s07IIMIG[DIM NOM FLORIDA 3410.(DI)838^-010E DATE I PROJ No. ]SHEET 2 of 2 FILE: 16B 1 PROJECT: 60215—Triangle Blvd. PARCEL No: 107TDRE FOLIO No: Portion of 34520001005 TEMPORARY DRIVEWAY RESTORATION EASEMENT THIS TEMPORAU DRIV Y REST RATION EASEMENT, is made and entered into this a.Q day of 2020, by NEW PLAN FLORIDA HOLDINGS, LLC, a Delaware limited liability company, whose mailing address is Ryan LLC Tax Compliance, PO Box 4900 Dept. 124, Scottsdale, AZ 85261-4900 (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as"Grantee"). (Wherever used herein the terms"Grantor"and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) 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 and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary Driveway Restoration Easement (hereinafter referred to as the "TDRE") to enter upon the lands of the Grantor, described as follows (the"Easement Area"): See attached Exhibit"A". which is incorporated herein by reference. THIS IS NOT HOMESTEAD PROPERTY NOR IS IT CONTIGUOUS THERETO. The Easement Area shall be used by Grantee for the purpose of filling, grading and placing concrete, asphalt or rock on the Grantor's lands for the purpose of constructing, with materials of like kind, a driveway/turnout and/or to provide for continuous transition between the existing driveway and the newly constructed road, sidewalk and drainage improvements to/for the Triangle Boulevard Project No. 60215. This easement includes the right to remove and use any and all excavated material. The term of this TDRE shall commence upon the issuance of Grantee's official Notice to Proceed to its contractor for the construction of the Triangle Boulevard Project and shall automatically terminate two years therefrom. IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. WITNESSES: NEW PLAN FLORIDA HOLDINGS, LLC, a Delaware 'milted a company By: (Sig?lature) Nam IAA,, .` � am `r Title: i V� il.Ul l � 'U. kgo-It t (Pri fignature - � 61C7 Aiw ,l (Print Na T h€s riciatPloy IWt b*in 1.tined under THIS CONVEYANCE ACCEPTED BY THE of ottSerteseeion and isP exempt BOARD OF COUNTY COMMISSIONERS. Item cloctimentely COWER COUNTY,FLORIDA, PURSUANT TO THE PROVISIONS OF RESOLUTION NO. 2 0(c - 168 1 STATE OF ,f• `.4 COUNTY OF The foregoing Tempor Driveway Restoration Easement was acknowledged before me by means of physical res nc or ❑ online notarization this (<4" day of 30,42 p f , 2020, by , as L t�P of NEW LAN FLORIDA HOLDINGS. LL , a Del are limited liability company,who: / is personally known to me OR /'/ produced N/ as proof of identity. 0.4c292a..0141) ` `01111111/ii N•,0 ixs4 2fenaI) \NN5 \Ssioni''••.S (Signature of Notary Public) ••". _ —= (Print Name of Notary Public) n• �G •c= Serial/Commission#(if any):10- OOI I 0 V U51 o t. PuB�- jpJ o My Commission Expires: `(/y/ O.2? '•gpRIL 4*?"* �, °U N1-110' Approved as to form and legality: ZO Jennifer A. f3elpedio cA. Assistant County Attorney Last Revised: I0!:5/10 1 6- 8 1 .'• THIS IS NOT A SURVEY ••* EXHIBIT 11A" PARCEL I07TDRE PAGE 1 of 2 SKETCH A PORTION OF SECTION 34 TWN 50 RNG 26E PARCEL No. 34520001005 Strap No.:309400 3a 161303 7 / / \< \` // / ,/ / / / / i ‘:(1 �TD �� Q. / a a / C.;\ Nr r r 4`1r '\)• r / / '„O r r r f r /r fi�O Q•o r am, r r N• � i �4, rr/ �� / I rr / / / r / / / / r' rr , r 1 r I 4" I, / / 4} / >/ TEMPORARY DRIVEWAY RESTORATION EASEMENT DURATION 2 YEARS LEGEND: / TDRE — TEMPORARY DRIVEWAY RESTORATION EASEMENT / / r / LINE BEARING DISTANCE ` L1 N 41'07'18' W 10.00' // L2 S 41'07'19" E 10.00' r CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH r C1 117.65' 545.00' 12'22'05" N 41'54'20'. E 117.42' j C2 15.00' 545.00' 1.34'37° N 48'52'41" E 15.00' , ACM - ROW C3 15.00' 535.00' 1'36'23" S 48'52'41" W 15.00' / OCT 21 ?ntg I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND 'THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052. FLORIDA THIS MAP IS NOT VALID WTHOUT THE ORIGINAL ADMINISTRATIVE CODE. PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. SIGNATURE AND RAISED SEAL OF' THE FLORIDA MARK D. McCLEARY, PSM LICENSED SURVEYOR AND MAPPER. FLORIDA REGISTRATION o. /6557 FOR COLLIER COUNTY ��'�-"�' CJ -t/' �", /a I,"-.f' DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 107TDRE TRANSPORTATION ENGINEERING DIVISION 2805 901.TH I0R$ H0C DR'VC NAPISS,YIARD)A 94104(250)252-8192 DATE I PROJ No. SHEET 1 of 2 FILE: 168 1 EXHIBIT "A" *** THIS IS NOT A SURVEY *** PAGE 2 of 2 PARCEL 107TDRE DESCRIPTION A PORTION OF SECTION 34 TWN 50 RNG 26E PARCEL No. 34520001005 DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 34,TOWNSHIP 50 SOUTH,RANGE 26 EAST, COLLIER COUNTY, FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT EASTERLY RIGHT OF WAY OF TRIANGLE BLVD.AND THE SOUTHERN NORTH WEST CORNER OF TRACT 3A OF"I'HE FREEDOM SQUARE PLAT,AS RECORDED IN PLAT BOOK 22, PAGES 57 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE WITH A CURVE TURNING TO THE RIGHT WITII AN ARC LENGTH OF 117.65', WITH A RADIUS OF 545.00', WITH A DELTA ANGLE OF 12°22'05", WITH A CHORD BEARING OF N 41°54'20" E, WITH A CHORD LENGTH OF 117.42'TO THE POINT OF BEGINNING. THENCE CONTINUE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 15.00', WITH A RADIUS OF 545.00', WITH A DELTA ANGLE OF 1°34'37", WITH A CHORD BEARING OF N 48°52'4I" E, WITH A CHORD LENGTH OF 15.00'; THENCE S 41°07'18"E A DISTANCE OF 10.00'; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 15.00', WITH A RADIUS OF 535.00', WITH A DELTA ANGLE OF 1°36'23", WITH A CHORD BEARING OF S 48°52'41" W, WITH A CHORD LENGTH OF 15.00'; THENCE N 41°07'19" W A DISTANCE OF 10.00'; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 150.00 SQUARE FEET,0.003 ACRES. BASIS OF BEARINGS:SOUTH LINE OF SECTION 34 BEARS S 89°26'31" E; I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF THIS MAP IS NOT VAUD WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA SIGNATURE AND RAISED SEAL OF THE ORIGIN FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION No. 6557 FOR COWER COUNTY *tee( /�/ � �!r � DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY. FLORIDA PARCEL 107TDRE TRANSPORTATION ENGINEERING DIVISION DM SOUTH 11OR3 1IOL MYR NAPLES,FLORIDA 34104(zfl)2 -e,z DATE I PROJ No. (SHEET 2 of 2 IFL.E: ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. i► **NEW** ROUTING SLIP e c'i-►H /9V' Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routingzlines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office (tOIS( 11•X‘4;0 2. BCC Office Board of County Commissioners J 1 la° Pc626 3. Minutes and Records* Clerk of Court's Office niki0l t 24 96a ,o..N04444- *Please scan under Triangle Blvd Proj. No. 60215 in the BMR Real Property Folder. Thank you. PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robert Bosch,Mgr.,ROW Acquisition, Phone Number 252-5843 Contact/ Department Transportation Engineering Agenda Date Item was 02/23/2010 Agenda Item Number Resolution 2010-39 Approved by the BCC + t t^- 1 6 I3 I Type of Document Agreement Number of Original One Attached Documents Attached PO number or account DO NOT RECORD number if document is to be recorded INSTRUCTIONS & C EC ST Initial the Yes column or mark"N/A"in the Not Applicable c mn,whi ever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature. S No 2. Does the document need to be sent to another agency for addi Tonal signatures? If yes, No provide the Contact Information(Name;Agency;Address;Ph ne)on an attached she- . 3. Original document has been signed/initialed for legal sufficient . (All document • be signed by the Chairman,with the exception of most letters,must a revieweI d signed . ^"l by the Office of the County Attorney. ` 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board �� 5. The Chairman's signature line date has been entered as the date of BCC approval of the L012',document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010(enter date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the - -441 BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1bB 1 Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, November 24, 2020 11:17 AM To: BoschRobert Subject: Master Agreement for Project#60215 Triangle Blvd/Price Street Attachments: Robert Bosch.pdf Hi Robert, Attached for your records is a scanned copy of the above referenced documents. Thanks, Martha Vergara BMR&VAB Senior Deputy Clerk 0013<€�t , r Office: 239-252-7240 Fax: 239-252-8408 E-mail: martha.vergara@DCollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com i 16B 1 Martha S. Vergara From: BoschRobert <Robert.Bosch@colliercountyfl.gov> Sent: Tuesday, November 24, 2020 2:00 PM To: Martha S. Vergara Subject: RE: Master Agreement for Project#60215 Triangle Blvd/Price Street Attachments: Recording Form.pdf Martha, Per our chat on the phone today, please record the Warranty Deed with Exhibit A consisting of two pages, the Temporary Construction Easement with the four page Exhibit A, and the Temporary Driveway Restoration Easement with the two page Exhibit A in the public records. I have completed a gap search so the documents are ready to record. A recoding slip is attached. I appreciate the assistance! Respectfully, 2Zonert .91. Bosch- Manager, Right-of-Way Acquisition Co it County Transportation Engineering Division 2885 South Horseshoe Drive, Naples,Florida 34104 Phone:239.252.5843 Fax:239.252.5843 From: BoschRobert Sent:Tuesday, November 24, 2020 1:27 PM To: 'Martha S.Vergara' <Martha.Vergara@collierclerk.com> Subject: RE: Master Agreement for Project#60215 Triangle Blvd/Price Street Hi Martha, Thank you for the Master Agreement. The original conveyance documents should have been returned to me for recording in the public records. I will give you a call on how best to handle. Respectfully, .?overt Bosch- Manager, Right-of-Way Acquisition Co. l r 14. .ty Transportation Engineering Division 2885 South Horseshoe Drive,Naples, Florida 34104 Phone:239.252.5843 Fax:239.252.5843 1 16- B 1 From: Martha S.Vergara <Martha.Vergara@collierclerk.com> Sent:Tuesday, November 24, 2020 11:17 AM To: BoschRobert<Robert.Bosch@colliercountyfl.gov> Subject: Master Agreement for Project#60215 Triangle Blvd/Price Street EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Robert, Attached for your records is a scanned copy of the above referenced documents. Thanks, Martha Vergara BMR&VAB Senior Deputy Clerk 011 Q tit,k,, Office: 239-252-7240 Fax: 239-252-8408 E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County •?�� 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesc@ collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 1 6 0 a, PROJECT: 60215 - Triangle Blvd. ! Price Street PARCEL No(s): I07 F E E. 107TC E 1. 107TC E2. 107TD RE FOLIO No(s): Portion of 34520001005 MASTER AGREEMENT THIS MASTER AGRW,F.v1ENT (hereinafter referred to as the ",Agreement'') is made and entered into on this day of "iViernkt4A2020. by and between NEW PLAN FLORIDA HOLDINGS, LLC. a Delaware limited liability company. whose mailing address is Ryan LLC Tax Compliance. PO Box 4900 Dept. 124. Scottsdale. AZ 85261-4900. thereinafter referred to as "Owner"). and COLLIER COUNTY. a political subdivision of the State of Florida. whose mailing address is 3299 Tamiami Trail East. c,'o the Office of the County Attorney. Suite 800. Naples. Florida 341 12 (hereinafter referred to as "County'). WI I \LSSE'FH: WHEREAS. County has requested that Owner convey to the County a Fee Simple Estate over. under. upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Property"). which is attached hereto and made a part of this Agreement, so that County ma) construct the TRIANGLE BLVD. / PRICE STR. PROJECT NO. 60215 (the "Project"): WHEREAS. Count has requested that Owner convey to the Count) two Temporary Construction Easements over. under. upon and across the lands described in Exhibit "B" (hereinafter referred to as the "Temporary Easement"). which is attached hereto and made a part of this Agreement. for the purpose of constructing roadway. sidewalk. drainage and utility facilities within the area of the Easement and within the public right-of-way immediately adjacent thereto. in connection with the Project: WHEREAS. County has requested that Owner convey to the County a Temporal.) Driveway Restoration Easement (hereinafter referred to as "Restoration Easement:" collectively the Property. the Temporary Easement and the Restoration Easement may he referenced as the "Designated Areas") over. under. upon and across the lands described in Exhibit "C" attached hereto and made a part of this Agreement. in connection w ith the Project; and WHEREAS. Owner recognizes the non-monetary benefit to Owner resulting from a smooth transition between Owner's existing driveway and the new roadway. and desires to convey the Designated Areas to the County for the stated purposes. on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Designated Areas requested by County. NOW, THEREFORE. in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged. it is agreed by and between the parties as follows: 16S l. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING AND CLEAR TITLE - Owner shall convey the Designated Areas to County. in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a properly executed Deed, Temporary Construction Easement Agreement and Restoration Easement Agreement, in the forms attached hereto as Exhibit D) is hereinafter referred to as the "Closing." Owner shall obtain from the parties listed on Exhibit E, which is attached hereto and made a part of this Agreement. the execution of such instruments which will remove, release or subordinate such encumbrances from the Designated Areas upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the Closing Documents, properly executed, witnessed, and notarized where required, in a form acceptable to County. 3. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. Notwithstanding the foregoing. Closing shall be delayed until such time as Owner Approvals are received. This agreement shall remain in full force and effect until Closing shall occur. until and unless it is terminated for other cause. County shall be entitled to full possession of the Property at Closing. The County agrees that time is of the essence with respect to construction of the Project. Therefore, the County shall commence construction of the Project within a reasonable time after Closing and diligently and continually proceed to complete the Project once construction has commenced. 4. CURATIVE INSTRUMENTS AND PROCESSING FEES - County shall pay all fees to record any curative instruments required to clear title, and all Deed recording fees. In addition, County shall pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Property. County shall have sole discretion as to what constitutes "reasonable processing fees." 5. TERM OF EASEMENT - The term of the Temporary Easement and Restoration Easement shall commence upon the issuance of Purchaser's official Notice to Proceed to its roadway contractor for the Project and shall automatically terminate two (2) years therefrom. 6. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in 16B 1 breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option. terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 7. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors. personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 8. ENTIRE AGREEMENT - Conveyance of the Designated Areas by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto. shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings. promises, warranties, or covenants not contained herein. 9. VENUE AND CHOICE OF LAW - This Agreement is governed and construed in accordance with the laws of the State of Florida. Owner and County agree that the exclusive jurisdiction and venue of any lawsuit between them arising under this Agreement or the transactions contemplated herein shall be the state and federal courts whose jurisdiction includes Collier County, Florida, and each of the parties hereby irrevocably agrees and submits itself to the exclusive jurisdiction and venue of such courts for the purposes of such lawsuit. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED:1.1eVuM,be(•qJ aA) ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINLEL. Clerk of the COLLIER COUNTY. FLORIDA Circuit Court& Comptroller B1':Th .U--- V - BY: . i ...Aelr1/1".41 Deputy Clcrkn ,t Burt L. Saunders, Chairman rtt St at,- tJ Chainn's st ratlic only. AS TO OWNER: NEW PLAN LORIDA HOLDINGS, LLC. a Dela\\are . ted lialilr v company DATED: 00\IOW bJX \O 12020 klbdtA9Name: mchtw u..n Witness (Signature) Title: ottujcivt, VtCo•.i'd,• �l�L 43'.uronL Name rint or ) Vitness igna ure) /.._____ Name _AktitAt_ili _____ ( rint or Type) y Approved as to form and legality: 1 - ro Jenlail�r A. B O elpedto \.p Assistant County Attorne\ NO Last Revised 08/12/2020 1 6 B 1 __ __. EXHIBIT "A" PAR(.1.1. 1071'EE PAGE 1 of 2 SKETCH A PORTION OF SECTION 34 TWN 50 RNG 26E Parcel No.:34520001005 Strap:309400 3A 1 6B03 • /). , N. //- ' .-- 7 / '' ' // • / • "S'./ „• e., ' .,,• „ .- , , • /Yr /, •.. N / ., /. , -N ( ,,./ • , ..... ,,, r•-• A' r3.1",..' ;2 •7'71.. .r.,..-''' .• ...,. ', . . . -.., .. . . ,, N / ; .. .. ,, .C. .. ..- / /..' , , •-.. i / ,..:., // e,---. , / 7_:.:,...."..v S-;-:-..,:.: / / / , Q- ¢) " 4.,„, ,Ir,-) / • d'1/4, / / ','' '''' `) , -: e qc' ,,,,,A',,,v // / <z) q :_i__INI I3EAR,ING IDISTAr•-;CE , / / 1: 1 % 54'15 41" WI'12 52' I.', 2 S 54•1541 E I80,00' , ._3 [NI 3544'9" E 49.19 / / ICJRVE ARC LENOTI- RADIUS DELJA ANGLE' '- ' '_'' - • '- • ' '. , / IC1 _. 0 66' 83 00 72129" ,-,- -• . . • . --- AECM - P OW / / / ,C2 7.2,3'--- i33 00 123245 rS 111048 I-' 1/.21 ,., / OCT 1 5 2019 / ,,-- -4 7 1'' -i - , 180 14 L.30.4913 IS- 10'14'30 VI; T42.59' 7'-''. — - C: "\ 1.---se TI,AT 1.!- !..-i VA L- WAS MADE UNDER MY DIPECI.ON ANC .• ' i MEETS THE MINIMUM TECHNICAL STANDARDS S:T FORTH BY THE EROEESS CNAL LAND S...,RVEYORS N CHA'TER 5J-17.050 I!I,70.!:. i .052. TH'S MAP CS NOT VALID WTHOLI- THE ORiaNA: tsD".,4 NISTRATIVE CODE. '',..,RSUANT TO CHAR`EP 472 027, E'LOT';. SIGNA-7..;RE AND RAISED SEAL OF THE FLORIDA _ICENSED SUPVE,OR AND MAPPER VAR< D. mcCLEARY, 25.,1 7LORDA REDSTRATON No 6557 TE 'OR C10_1_1:R CO',,NTY 47...aee...e, 49 , .,.e., - 746/-/c----/., 2,A SiGNED - ------- - -- ---- - ---- . BOARD OF COUNTY CCYMISSIONERS TT LE • COLLIER COUNTY, FLORIDA PARCEL 107FEE TRANSPORTATION ENGINEERING DIVISION 28E5 SCUM 1101.3t1110E[MINT - -.- NAPLES FLORIDA 34104:23B)252 E:32 DATE 1 rRoi Nc. ISC' .-:,,` 2 ., ....L. . _. .___, 1 68 1 "•' THIS IS NOT A SURVEY ... EXHIBIT "A" PARCEL 107FEE DESCRIPTION PAGE 2 of 2 A PORTION OF SECTION 34 TWN 50 RNG 26E Parcel No.:34520001005 Strap:309400 3A 16803 DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 34,TOWNSI IIP 50 SOUTI I, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF TRACT 3E OF FREEDOM SQUARE,AS RECORDED IN PLAT BOOK 22. PAGES 56-58 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. THENCE N 54°15'41" W A DISTANCE OF 112.52 ALONG THE SOUTHERLY RIGHT OF WAY OF TRIANGLE BLVD.OF SAID PLAT': THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 10.66', WITH A RADIUS OF 83.00', WITH DELTA ANGLE OF 07°21'29", WITH A CHORD BEARING OF S 21°07'55" E, WITH A CHORD LENGTH OF 10.65'; THENCE WITH A COMPOUND CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 7.23', WITH A RADIUS OF 33.00'. WITH DELTA ANGLE OF 12°32'45", WITH A CHORD BEARING OF S 1 1°10'48" E, WITH A CHORD LENGTH OF 7.21'; THENCE WITH A COMPOUND CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 43.1 1', WITH A RADIUS OF 80.14', WITH DELTA ANGLE OF 30°49'13", WITH A CHORD BEARING OF S 10°14'30"W, WITH A CHORD LENGTH OF 42.59'; THENCE S 54°15'41" E A DISTANCE OF 80.00'; THENCE N 35°44'19" E A DISTANCE OF 49.19 ALONG THE EAST LINE OF TRACT 3E OF SAID PLAT'; WI ITCH IS TI IE POINT OF BEGINNING. HAVING AN AREA OF 4,469.76 SQUARE FEET, 0.103 ACRES MORE OR LESS. BASIS OF BEARINGS: SOUTH LINE OF SECTION 34 BEARS S 89°26'31" E. TECM - ROW UT 1 5 n19 I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL. STANDARDS SET FORTY, BY THE BOARD OF THIS MAP IS NOT VALID WITHOUT THE ORIGINAL STATUTES. PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-177.050 THROUGH .052, FLCRIDA SIGNATURE AND RAISED SEAL OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION N 6557 FOR COLLIER COUNTY �it'/CSC.`^� `O JFb"-r / DATE SIGNED: ( BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 107FEE TRANSPORTATION ENGINEERING DIVISION 2255 50V171 N0R5E9H0E DRIVE NA71 °,noR.v,54104(200)252-0122 DATE I PROJ No. (SHEET 2 of 2 IFILE: 16H ••• THIS IS NOT A SURVEY ••* EXHIBIT "B" PARCEL. 107TCI' I PAGE 1 of 4 SKL TCI I A PORTION OF SECTION 34 TWN 50 RNG 26E PARCEL No. 34520001005 Strap No.:309400 3a 161303 N• i N. N N / 1 / ti~ / O , . N. N. \ \ \\ \ G~ / N \ �r \ \ / / \ >`4Il, gl� N LY N Q� TEMPORARY DRIVEWAY N °llj 1 CONSTRUCTION EASEMENT N �!�- N. / DURATION 2 YEARS N �l V \ O N LEGEND: N •O,. TCE — TEMPORARY CONSTRUCTION EASEMENT \ N. N Ni N N. TRACT 3A FREEDOM SOUARE J PLAT BOOK 22, RCS 56-58 --^A �� ,Qi \ w. \ "� y �fr LINE BEARING DISTANCE �qS' �� L1 S 35'44'19' W 53.96' wry. L2 S 35'44'19` W 50.00' 41•0ti L3 N 54'15'41` W 20.00' Q L4 N 35'44'19° E 50.00' L5 S 5415'41" E 20.00' I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS St_I FORTH BY THE BOARD OF ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THIS MAP IS NOT VAUD WITHOUT THE SIGNATURE AND RAISED SEAL OF THE ORIGINFLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027. FLORIDA STATUTES_ LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM Digitally signed by Mark FLORIDA REGISTRATION No. 6557 rr=`fit` ) D McCleary,CC-PSM FOR COWER COUNTY Date:2020.0317 DATE SIGNED: �``" — 10.37.1 t 04'00' BOARD OF COUNTY COMMISSIONERS TITLE COWER COUNTY, FLORIDA PARCEL 107 TC'P. I TRANSPORTATION ENGINEERING DIVISION YIDS eoM HORS 1oz DAVI „ .nnamA a.r.OW)Jet_e,,. DATE _ 1 PROJ No. [SHEET 1 of 2 FILE: -- 16H I EXHIBIT "B" '•' THIS IS NOT A SURVEY •" I PAitc la. 107 ICE PAGE 2 of 4 DESCRIPTION A POR(BON C)I SF:C TION 34 TWN 50 RNG 26E PAR('LI,No. 34520001005 Strap No.:309400 3a 16803 DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 34. TOWNSHIP 50 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHERLY RIGl1T OF WAY OF TRIANGLE BLVD. AND THE NORTHWEST CORNER OF TRACT 3A OF THE. FREEDOM SQUARE PLAT. AS RECORDED IN PLAT BOOK 22. PAGES 57 OF TILE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. THENCE S 35`44'19" W ALONG SAID EAST LINE A DISTANCE OF 53.96' TO THE POINT OF BEGINNING: THENCE CONTINUE ON SAID EAST LINE S 35°44'19" W A DISTANCE OF 50.0': THENCE N 54'15'41" W A DISTANCE OF 20.00'; THENCE N 35'44'19" E A DISTANCE OF 50.00'. THENCE S 54°15'41" F. A DISTANCE OF 20.00'; WHICH IS THE POINT OF BEGINNING. HAVING AN AREA OF 1000.00 SQUARE FEET.0.023 ACRES. BASIS Of- BEARINGS: SOUTH LINE OF SECTION 34 BEARS S 89°26'3I" E; Digitally signed by `4 Mark D McCleary, CC- ' 1 • P S M 6TwT.Oi V. 110Ta0 * a• Date: 2020.03.17 10:05:48 -04'00' I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF THIS IS NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THIS MAPAPE AND VAUD SEAL OF THE ORIGINAL ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027. FLORIDA STATUTES. SIGFLORIDA LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION No. 6557 FOR COWER COUNTY DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARC'EI, 107 TCE i TRANSPORTATION ENGINEERING DIVISION 41186 FOUTx 9O8TINHOt"xrvt new.MAD1 34104(20p ax-mac DATE —1 PROJ No. (SHEET 2 of 2 [FILE: _ I6B 1 •'• THIS IS NOT A SURVEY ••• EXHIBIT "B" 1'\Rc•I:I_ 107 is l: 2 PAGE 3 of 4 SKI{I( II \ I'OR"I1()ti Uf SE('1 ION 14"MN 50 R\(I 201'. PAR( 01.N,) 1452uu0Iu i Strap No.. 109400 1a 16110.1 . N ��ae, / \ r {1 , O N • o•o•e �gf .6)o4r feL N% LEGEND: al, \\ ("it TCE — TEMPORARY CONSTRUCTION EASEMENT `\ S. \TRACT 3A FREEDOM SQUARE PLAT BOOK 22. PCS 56-58 ti� R \ ,,, �{ /` , -- �e) \\N, C, a v �.to am LINE BEARING DISTANCE , Lt S 35'4419- W 49.19 L2 S 35'44'19- W 408.68' / LS S 54'15'41. E 80.00' L4 N 35'44'19- E 408.68' . _ L5 N 54'15'41- W 80.00' I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF THIS MAP IS NOT VAUD WITHOUT THE ORIGINALPROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA SIGNATURE AND RAISED SEAL OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. LICENSED SURVEYOR AND MAPPER. 7'7 Digitally signed by Mark MARK D. MCCLEARY. PSM /� D McCleary.CC•PSM FLORIDA REGISTRATION No. 6557 Date:2020A3.t7 FOR COWER COUNTY �`�'� 10.50:10 04'00 DATE SIGNED BOARD OF COUNTY COMMISSIONERS TITLE COWER COUNTY, FLORIDA PARCEL, 107 ICE 2 TRANSPORTATION ENGINEERING DIVISION 21588 eavrn RrnSISHa[ors KUI'1 M FLORIDA 8410.(220 162_8,92 DATE I PROJ No. 'SHEET 1 of 2 I FILE: 168 1 EXHIBIT "B" ••• THIS IS NOT A SURVEY ••• PAGE 4 of 4 1':\R('IJL 107 I('l.2 DESCRIPTION A PORTION OF SECTION 34 TWN 50 RNG 26E PARCEL.No. 34520001005 Strap No:309400 3a 16B03 DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 34. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHERLY RIGHT OF WAY OF TRIANGLE BLVD. AND THE NORTHWEST CORNER OF"i'RAC"1'3A 01=THE FREEDOM SQUARE PLAT,AS RECORDED IN PEAT Rt))K 22. PAGES 57 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA THENCE S 35'44'19" W ALONG SAID EAST LINE A DISTANCE OF 49.19' TO THE POINT OF BEGINNING; THENCE CONTINUE ON SAID EAST LINE S 35.144'I9" W A DISTANCE OF 408.68': THENCE S 54°15'4I" E A DISTANCE OF 80.00'. THENCE N 35°44'19" E A DISTANCE OF 4118.68': THENCE N 54°15'41" W A DISTANCE OF 80.00': WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 32.695 SQUARE FEE'(',0.751 ACRES. BASIS OF BEARINGS: SOUTI I LINE OF SECTION 34 BEARS S 89°26'3I" E. Digitally signed , °"N�.Fa .-; by Mark D �• _ 65" k° McCleary, CC- . -2•; STATE OF q PSM Date: 2020.03.17 .............. 10:49:09 -04'00' I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052. FLORIDA THIS MAP IS NOT VALID WITHOUT THE O SIGNATURE AND RAISED SEAL OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. UCENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION No. 6557 FOR COWER COUNTY DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COWER COUNTY, FLORIDA PARCEL 107 TCE 2 TRANSPORTATION E.NGLNEERING DIVISION ales mum e°evxoi own ---_ PI.+„�nowaA u".can 0L-e1. DATE I PROJ No. (SHEET 2 of 2 IF1LE: ••• THIS IS NOT A SURVEY ••• EXHIBIT „C" PARCEL IO7TDRE PAGE 1 of 2 SKETCH A PORTION OF SECTION 34 TWN 50 RNG 26E PARCEL No. 34520001005 Strap No.:309400 3a 16B03 j' / /< / / \ < / /r / / di, C. / / 10 / / Off. ( (7 2 Q r ) / / / / '�0 t // • / r 4 / QJ 1 / / / fi Q' / r ' / :1� / f r /\ / / / / / / // 4/ / / / � / r / 4' r / / / 4} ,/ / TEMPORARY DRIVEWAY RESTORATION EASEMENT DURATION 2 YEARS LEGEND: / TDRE — TEMPORARY DRIVEWAY RESTORATION EASEMENT / // / LINE BEARING DISTANCE / L1 N 41'07'18" W 10.00' L2 S 41'07'19" E 10.00' / CURVE ARC LENGTH RADIUS,DELTA ANGLE CHORD BEARING CHORD LENGTH / C1 117.65' 545.00' 12'22'05" N 41'54'20" E 117.42' j C2 15.00' 545.00' 1'34'37" N 48'52'41" E 15.00' TECM - ROW C3 15.00' 535.00' 1'36'23" S 48'52'41" W 15.00' i // Orr 2 1 2A1q I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THIS MAP IS NOT VALID WITHOUT THE ORIGINAL ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. SIGNATURE AND RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION o.�6557 FOR COLLIER COUNTY G 2/�✓""Y U/ /� `gyp-75- 7/C DATE SIGNED: !/ BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 107TDRE TRANSPORTATION ENGINEERING DIVISION 2885 SOUTH HORstSNac OR.VR NAPLES.FLORIDA 94;04(290)252-e102 DATE I PROJ No. ISHEET 1 of 2 FILE: --------- — EXHIBIT "C" *#* THIS IS NOT A SURVEY *'+ PAGE 2 of 2 PARCEL 107TDRE DESCRIPTION A PORTION OF SECTION 34 TWN 50 RNG 26E PARCEL No. 345 20001005 DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 34,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT EASTERLY RIGHT OF WAY OF TRIANGLE BLVD.AND THE SOUTHERN NOR I'H WEST CORNER OF I RACI'3A OF"I'RE FREEDOM SQUARE PLAT,AS RECORDED IN PLAT BOOK 22, PAGES 57 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE WITH A CURVE TURNING TO THE RIG!IT WITH AN ARC LENGTH OF 117.65', WITH A RADIUS OF 545.00', WITH A DELTA ANGLE OF 12°22'05", WITH A CHORD BEARING OF N 41'54'20" E, WITH A CHORD LENGTH OF 117.42'TO THE POINT OF BEGINNING. THENCE CONTINUE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 15.00', WITH A RADIUS OF 545.00', WITH A DELTA ANGLE OF 1°34'37", WITH A CHORD BEARING OF N 48°52'41" E, WITH A CHORD LENGTH OF 15.00'; THENCE S 41°07'18"E A DISTANCE OF 10.00'; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 15.00', WITH A RADIUS OF 535.00', WITH A DELTA ANGLE OF 1°36'23", WITH A CHORD BEARING OF S 48°52'41" W. WITH A CHORD LENGTH OF 15.00'; THENCE N 41°07'19" W A DISTANCE OF 10.00'; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 150.00 SQUARE FEET,0.003 ACRES. BASIS OF BEARINGS:SOUTH LINE OF SECTION 34 BEARS S 89°26'31" E; I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF THIS MAP IS NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052. FLORIDA SIGNATURE AND RAISED SEAL OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO CHAPTER 472.027. FLORIDA STATUTES. LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION No. 6557 �j� FOR COLLIER COUNTY ��C/�'a /')'f,S DATE SIGNED: // ( BOARD OF COUNTY COMMISSIONERS TITLE COWER COUNTY, FLORIDA PARCEL 107TDRE TRANSPORTATION ENGINEERING DIVISION 2880 SOC1H HORSESHOE DREG NAPVs,FLORA 3•t04(230)232-8192 DATE I PROJ No. 1SHEET 2 of 2 IFILE: 16B 1 INSTR 5959556 OR 5849 PG 3862 RECORDED 11/24/2020 4:42 PM PAGES 4 PROJECT: 60215-Triangle Blvd. CLERK OF THE CIRCUIT COURT AND COMPTROLLER PARCEL No(s): 107FEE COLLIER COUNTY FLORIDA FOLIO No(s): Portion of 34520001005 REC$35.50 WARRANTY DEL." THIS WARRANTY DEED made this aO day of 1 n6yti(AnkAM.k. 2020, by and between NEW PLAN FLORIDA HOLDINGS, LLC, a Delaware limited liability company, whose mailing address is Ryan LLC Tax Compliance, PO Box 4900 Dept. 124, Scottsdale, AZ 85261-4900 (hereinafter referred to as "Grantor") to COLLIER COUNTY. a political subdivision of the State of Florida. whose post office address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples. Florida 34112 (hereinafter referred to as"Grantee") (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs. legal representatives. successors and assigns. Grantor and Grantee are used for singular or plural.as the context requires.) WITNESSETH: That the Grantor. for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration. receipt whereof is hereby acknowledged. hereby grants. bargains. sells, aliens, remises, releases. conveys and confirms unto the Grantee. all that certain land situate in Collier County, Florida, to wit: See attached Exhibit"A"which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record THIS IS NOT HOMESTEAD PROPERTY NOR IS IT CONTIGUOUS THERETO TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF. the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: NEW PLAN FLORIDA HOLDINGS, LLC, a Delawar limited liability mp 4. Vdi ness(Signature) Name: (NA�up��n, Q Title: _ Nam 'Print o y fitness gat e) (/'a This property his been acquired under Name(Pr}ht or Type) Pout of condemnation and Is exempt THIS CONVEYANCE ACCEPTED BY THE from dOCtltnen stamp tax. BOARD OF COUNTY COMMISSIONERS, COWER COUNTY,FLORIDA, PURSUANT TO THE OV,SION OF RESOLUTION NO. 4. C - .,�� 1 68 1 STATE OF e(ec''C ‘,1 COUNTY OF Cs The foregoing Warranty Deed was acknowledged before me ¢y means of hysical presence or- `� online notarization ;his I)J in day of `�.44,6c-e. 2020, by ,- n e-�-c. . as l� 11 P . of NEW PLAN FLORIDA HOLDINGS. LLC, a Delaware limited liability company.who: ty is personally known to me OR A,// produced �.7L as proof of identity. (affix notarial seal) ````'�����,/' (Signature of Notary Public) % , S . �..— \.,,.-ssio'q•yS�1� (Print Name of Notary Public) • Q;:o� F}o N. :> �a0TAOj- p�N; Q= Serial/Commission#(if any): - DO O(p IS'- 7-O 1 BUBO' My Commission Expires: C �0, .,,4,0 ZO,-; 0 v App oved as to form and legality --- \7,0 Jennifer :\. Belpedio 0\a1 Nsistanl Count\ Attorney last Revised 10/15/10 1 6 B 1 EXHIBIT "A" PARCEL 107FLE PAGE 1 of 2 SKETCH A PORTION OF SECTION 34 TWN 50 RNG 26E Parcel No.:34520001005 Strap:309400 3A 16803 .-.... N . / .- . "'... ,,,--.. --...) ,,, , (_? / --)-- o --,,.../ .: 417 „ ...= / ,...€, / / , '•-, (7 , 'N. , / i . /. ..„ . N ! ;„... .. n --- -„, : , N N -/,/ , :-..:CA, 50.-1/*.'E / ' \ 22, ,r''...,'S 5C-59 / z, ' „,,,...// /7 & ... : -...' // / . M ,6 -... / // . .. •('' / / ,.... , ,..., / :-P IT a0V E.O.APE / / P13 22. PC 56 58 / / / / /// ., g- g:, J‘",c1 / ,,,,..-4),.;'' / , .. / i-- C., / ,,(*.e Q / ,c''' " '.:_,...:,:_ARAIG jC,STANCE 54'15'41" W I112 52' .j 2 IS 54•15 4 E i8C.).00' 7j7 ---; _3 `, 35'44'19" E 49.19' , / .C._::,..v= AC LENGT-iRADIUS7'.;EL TA AN3LE1CHCRL BEARN,-.;iCHORD •_EV.._- itre_Crsi - ROW / ,_.,. 183 00' 1721'29 IS 210755" F I'C 55' ' -'0 66' ,. -2 ? 23: 33 OC' 1232'45' TS 1110 48 R 17./1 / / , / OCT t 5 2019/7 ,-- -2 19C le 13C.49'13" IS 10'14 30 V; 1.2 59 .::-.;: `,3 W;":. 1.4S MASS I„ND,..:R MY DIREC I ON ANC 'FHA'. l' t,'':. - -• . '.—.',',,,.. -.:.-C.,"N ".',A STA,.;DA!ZDS S7T FORTH BY THE 004.7;•-' • '' : • • . '''.: ---;-2 'E''''C'':5 \ C-'1,,',E,'-? 5J-17.050 7!!?0_!:., -`.., VA.' NC VA j) ,,',' '•..', ;‘:, -,,,A., .*.,,`,", -.:'-'..' . T._ ' - '-'-_, .N T -0 C,1 A"TER 472.027, RLO-z,:m 5,GNA-.32i: t.',..-) -AS ) `,;;• i'. .:.; -,.; ;, -,,;;--: ::-•:'-;;.'"' ."7", ;•;-,';- ,;,:•,;• A\•) .,•,,,:,-;•,;;. F! 7.,R::),f, REG!.S.-',.;.' D'. ',:" -._• ' 7 FC,:__,ER A-:-... r..,‘OR C.. — F3OARD OF COUNTY COVM1SSIONERS COLLIER COUNTY, FLORIDA 1 PARCEL 107FEE TRANSPOR I'Al ION KNGINEERING DIVISON I 20E5 EI0V711 NO3.3E-5110I GRIST -----— NAPLES F_ORMA 3410A 419) 252-8192 I D A 7 ' rc?0, No ISIH5E1 I c 2 ,o•.E_-: I -- ----------- --- 16B 1 •4" THIS IS NOT A SURVEY •+• PARCEL, Ic17rI:r. EXHIBIT "A" DESCRIPTION PAGE 2 of 2 A PORTION OF SECTION 34 TWN 50 RNG 26E • Parcel No.:34520001005 Strap 309400 3A I6B03 DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 34,TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY. FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF TRACT 3E OF FREEDOM SQUARE.AS RECORDED IN PLAT BOOK 22, PAGES 56-58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N 54°1541" W A DISTANCE OF 112.52 ALONG THE SOUTHERLY RIGHT OF WAY OF TRIANGLE BLVD.OF SAID PLAT': THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 10.66', WITH A RADIUS OF 83.00', WITH DELTA ANGLE OF 07°21'29", WITH A CHORD BEARING OF S 21°07'55" E, WITH A CHORD LENGTH OF 10.65'. THENCE WITH A COMPOUND CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 7.2 3'. WITH A RADIUS OF 33.00', WITH DELTA ANGLE OF 12°32'45". WITH A CHORD BEARING OF S I l°10'48" E, WITH A CHORD LENGTH OF 7.21'; THENCE WITH A COMPOUND CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 43.1 I', WITH A RADIUS OF 80.14'. WITH DELTA ANGLE OF 30°49'13". WITH A CHORD BEARING OF S I0°14'30"W, WITH A CHORD LENGTH OF 42.59'; THENCE S 54°15'41" E A DISTANCE OF 80.00'; THENCE N 35°44'19" E A DISTANCE OF 49.19 ALONG THE EAST LINE OF TRACT 3E OF SAID PLAT'; WI IICI I IS TI IEi POINT OF BEGINNING. HAVING AN AREA OF 4,469.76 SQUARE FEET. 0.103 ACRES MORE OR LESS. BASIS OF BEARINGS: SOUTH LINE OF SECTION 34 BEARS S 89°26'3I" E. TECH - ROW OCT 1 5 2019 I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF THIS MAP IS NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLCRIDA SIGNATURE AND RAISED SEAL OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION 6557 /�� FOR COLLIER COUNTY it !6-16- DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 107FEE TRANSPORTATION ENGINEERING DIVISION 74595 SOUTH N.OR5G911106 OWVE NAF.LS,FLORMA 94104(Z32)ant-emz DATE I PROJ No. f SHEET 2 of 2 IFILE: 16B 1 INSTR 5959557 OR 5849 PG 3866 RECORDED 11/24/2020 4:42 PM PAGES 6 PROJECT: 60215 — Triangle Blvd. CLERK OF THE CIRCUIT COURT AND COMPTROLLER PARCEL No(s): 107TCE1 & 107TCE2 COLLIER COUNTY FLORIDA FOLIO No(s): Portion of 34520001005 REC$52.50 TEMPORARY CONSTRUCTION EASEMENT iIS TEMP RARY CONSTRUCTION EASEMENT. is made and entered into this (20 day of 2020, by NEW PLAN FLORIDA HOLDINGS, LLC. a Delaware limited liability company. whose mailing address is Ryan LLC Tax Compliance. PO Box 4900 Dept. 124, Scottsdale. AZ 85261-4900 (hereinafter referred to as "Grantor"). to COLLIER COUNTY. a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East. c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs. legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural. as the context requires.) WITNESSETH: That the Grantor, for and in consideration of Ten Dollars (S10.00) and other valuable consideration paid by the Grantee. receipt and sufficiency of which is hereby acknowledged. hereby conveys. grants. bargains and sells to the Grantee, two Temporary Construction Easement to enter upon the lands described as follows: SEE ATTACHED EXHIBIT "A" which is incorporated herein by reference. for the purpose of constructing roadway, sidewalk, drainage and utility facilities within the area of the Easement and within public right-of-way immediately adjacent thereto. The term of this Temporary Construction Easement shall commence upon the issuance of Grantee's official Notice to Proceed to its roadway contractor for the construction of the Triangle Boulevard Project No. 60215 and shall automatically terminate two years therefrom. Upon completion of the construction of improvements within the public right-of-way immediately adjacent to the Temporary Construction Easement. Grantee shall use its best efforts to restore the surface of the Temporary Construction Easement area to its pre-existing condition. THIS CONVEYANCE ACCEPTeD BY THE BOARD OF COUNTY COMMISSIONERS, ThlM pN>isl11p his WWII pep under COWER COUNTY,FLORIO& Wort dt!'rol rRMf�ip1 and h exempt PURSUANT TO THE PROVISIONS Abell documentary stamp tax. OF RESOWTION N4. 2 (c .' ( 16s 1 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: NEW PLAN FLORIDA HOLDINGS. LLC, a Delaw r limit li .lity company .��i..�.-... By: VV'I (Signature) N e: Mkett t) Viyti\ br �! Title: —x1,CVt. uiej-- PriSi&tt, Na, (Print �! 'ype) 44 / itne I! (Signature) d Lit Afil Namel(Print or Type)" STATE OF Ctu ,;:_l.`, COUNTY OF (',I_J-_) The foregoing Temporary Construction Easement was acknowledged before me by means of physical Apresence or online notarization �this I ,' '. day of Y����`t :.i�� • 2020, by �r� c�;� , as '__ ' of NEW PLAN FLORIDA HOLDINGS, LLC, a Delaware limited liability company. who: L's personally known to me OR produced /-0 as proof of identity. (affix n`Orralistaj), 6 J `•` PASHA S,lift (Signature of Notary Public) �O': GNOTg9 SIN(1)1. 44,-1/-15 �.1 7..J 0 1 �.`� m1 _ (Print Name of Notary Public) • yr, &LIG / .7 = %C -91 Serial / Commission # (if an k.k)- 004 0415.-4- '., (G--~•»••• ' (-§2- My Commission Expires: y/1/frc1_? 0,,,'vrY GE `‘` iiifl1iii1O` Approved as to f rm and legality:'-N\ 097 j' ,Icnnilcr /1. 13clpcdio v0 Assistant County \ttr.rnc\ 2 168 1 *•• THIS IS NOT A SURVEY *** EXHIBIT "A" PARCH. 107"ii'i: I PAGE 1 of 4 SKLTCI I A PORTION OI' SECTION 34 TWN 50 RNG 26E PARCEL No. 34520001005 Strap No.:309400 3a I6B03 /\ i. ,,,, N ., .. N / �� \\ Nam\\ ��0 N N G� N N, ��f N / N e TEMPORARY DRIVEWAY °CIf N kt CONSTRUCTION EASEMENT \ et, N / DURATION 2 YEARS N ��Q, \ N N N N. LEGEND: \N HOC \ N TCE — TEMPORARY CONSTRUCTION EASEMENT N N. N N N N. N TRACT 3A N FREEDOM SOUARE e PLAT BOOK 22. PCS 56-58 fil De �QJ \ � N. { N ev N,Q, 4ry> G ..--4‘tX ,��c/po LINE BEARING DISTANCE / ce4e L1 S 35'44'19' W 53.96' k¢4„rt. L2 S 35'44'19' W 50.00' a0 L3 N 54'15'41' W 20.00' L4 N 35'44'19' E 50.00' L5 S 5415'41' E 20.00' I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF THIS MAP IS NOT VALID 1MTNOU7 THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA SIGNATURE AND RAISED SEAL OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.D27, FLORIDA STATUTES LICENSED SURVEYOR AND MAPPER. MARK 0. McCLEARY, PSM Digitally signed by Mirk FLORIDA REGISTRATION No. 6557 ' McD McCleary,CC-PSM FOR COWER COUNTY ':.:1--;".. _ Date: 0 ' DATE SIGNED: 10.37.11 11 O4 004'00 BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARC'FI. 107 Tt•F I TRANSPORTATION ENGINEERING DIVISION TM BOOTH NOR912:R02 DMZ N•ptm,noRmm ww WO)BBB-BSBB DATE I PROJ No. ISHEET 1 of 2 IFILE: I 1 EXHIBIT "A" ••• THIS IS NOT A SURVEY ••• PAGE 2 of 4 PARCEL. 107 ICE I DESCRIPTION A POR NON(1P SE(TION 34 TWN 50 R\t; 261'. PARCH. No, 34520001005 Strap No.:309400 3a 161303 DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 34. TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHERLY RIGHT OF WAY OF TRIANGLE BLVD. AND THE NORTHWEST CORNER OF TRACT 3A OF THE. FREEDOM SQUARE PLAT, AS RECORDED IN PLAT BOOK 22. PAGES 57 OF TILE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. THENCE S 35'44'19" W ALONG SAID EAST LINE A DISTANCE OF 53.96- TO TILE POINT OF BEGINNING; THENCE CONTINUE ON SAID EAST LINE S 35°44'I9" W A DISTANCE OF 50.0'; THENCE N 51°15'4 1"W A DISTANCE OF 211.E)0': THENCE N 35'44'19" E A DISTANCE OF 50.00'; THENCE S 54°1 5'4I" E A DISTANCE OF 20.00': WHICH IS THE POINT OF BEGINNING. HAVING AN AREA OF 1000 00 SQUARE FEET.0.023 ACRES BASIS OF BEARINGS: SOUTH LINE OF SECTION 34 BEARS S 89°26'31" E: Digitally signed by = ;MN;; • Mark D McCleary, CC- �rd56: 1 P S M `YL a4-Of Date: 2020.03.17 eiSu;...... 10:05:48 -04'00' I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF THIS MAP IS NOT VAUD WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052. FLORIDA SIGNATURE AND RAISED SEAL OF THE ORIGIFLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. UCENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, P5M FLORIDA REGISTRATION No. 6557 FOR COWER COUNTY DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COWER COUNTY, FLORIDA PARCEL. 107 ICE 1 TRANSPORTATION ENGINEERING DIVISION Mee aOVOI"0'SDNOi 009' MAPue.fl4)A1711 34204 tee',ea'-Sire DATE I PROJ No. ISHEET 2 of 2 IFILE: 168 1 " THIS IS NOT A SURVEY ••• EXHIBIT "A" F'AR('G. 107 TCE 2 PAGE 3 of 4 SKI E('H A PORTION OF SE(: ION 34 TWN 50 R\()26E PA RC•H.No. 1452000I005 Strap No.:309.100 3a 161303 i e',J� / ! , f N e� j • N •c 2)r.• 1 .6 LEGEND: S dam, \� TCE — TEMPORARY CONSTRUCTION EASEMENT N N TRACT 3A FREEDOM SOUARE PLAT 800K 22, PGS 56-58 cf No R > N. v� � N v "P 4'. 'I' LINE BEARING DISTA CE Lt S 35'4419" W 49.19 , L2 S 35'44'19" W 408.68' / LS S 5415'41" E 80.00' L4 N 35'44'19" E 408.68' L5 N 5415'41" W 80.00' ' I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF THIS MAP IS NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA SIGNATURE AND RAISED SEAL OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. LICENSED SURVEYOR AND MAPPER. Digitally signed by Mark MARK D. McCLEARY, PSM f D McCleary.CC•PSM FLORIDA REGISTRATION No. 6557 ) Date:2020.03.17 FOR COWER COUNTY ""`' 10.50:10-04'00' DATE SIGNED BOARD OF COUNTY COMMISSIONERS TITHE COLLIER COUNTY, FLORIDA PARCEL 107 TCE 2 TRANSPORTATION ENGINEERING DIVISION 266G SOUTH ROBSImnI man Hunsr.11wR1OA 341M(WA Hot-eHw DATE I PROJ No, 'SHEET 1 of 2 IFILE: 16B 1 EXHIBIT "A" •" THIS IS NOT A SURVEY ••• PAGE 4 of 4 FARCE.[. 107 ICE 2 UF:S(•RIP FIO\ A PORTION OF SECTION 34 TWN 50 R\G 26E PARCEL No. .34520001005 Strap No.:109400 3a 16E303 DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 34. TOWNSHIP 50 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHERLY RIGHT OF WAY OF TRIANGLE BLVD. AND THE NORTHWEST CORNER OF TRACT 3A OF THE FREEDOM SQUARE PLAT.AS RECORDED IN PLAT BOOK 22, PAGES 57 OF THE. PUI3I,1C' RECORDS OF COLLIER COUNTY. FLORIDA THENCE S 35'44'19" W ALONG SAID EAST LINE A DISTANCE. OF 49.IT TO THE POINT OF BEGINNING: THENCE CONTINUE ON SAID EAST LINE S 35'44'I9" 1V A DISTANCE OF 408.6EI': THENCE S 54°15'41" E A DISTANCE OF 80.U0': THENCE N 35°44'19" E A DISTANCE OF 408.68': THENCE N 54°15'4I" W A DISTANCE OF 811.011': WHICH IS THE POINT OF BEGINNING. HAVING AN AREA OF 32.695 SQUARE FEET.0.751 ACRES. BASIS OF BEARINGS: SOUTH LINE OF SECTION 34 BEARS S 89'26'3I" E: Digitally signed MN4.4-9 , by Mark D � T McCleary, CC- PSM mss :?ORiO? ; °� Date: 2020.03.1 7 , �Surve�o-a,• 10:49:09 -04'00' I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF THIS MAP IS NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA SIGNATURE AND RAISED SEAL OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. UCENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION No. 6557 FOR COWER COUNTY DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COWER COUNTY, FLORIDA PARCEL 107 TCE 2 TRANSPORTATION EVOLYEERLNG DIVISION 2045 eovre sovmoi°mvc "'"'n"1:112232 5410'Im°I -eire DATE_ I PROJ No. ISHEET 2 of 2 IF1LE: 16rB 1 INSTR 5959558 OR 5849 PG 3872 RECORDED 11/24/2020 4:42 PM PAGES 4 PROJECT: 60215—Triangle Blvd. CLERK OF THE CIRCUIT COURT AND COMPTROLLER PARCEL No: 107TDRE COLLIER COUNTY FLORIDA FOLIO No. Portion of 34520001005 REC$35.50 TEMPORARY DRIVEWAY RESTORATION EASEMENT THIS TEMPORAF� DRIV Y REST RATION EASEMENT is made and entered into this ,D " day of 2020, by NEW PLAN FLORIDA HOLDINGS, LLC, a Delaware limited liability company, whose mailing address is Ryan LLC Tax Compliance, PO Box 4900 Dept. 124, Scottsdale, AZ 85261-4900 (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East. c/o the Office of the County Attorney. Suite 800, Naples, Florida 34112 (hereinafter referred to as"Grantee"). (Wherever used herein the terms"Grantor"and"Grantee"include all the parties to this instrument and their respective heirs. legal representatives, successors and assigns Grantor and Grantee are used for singular or plural,as the context requires.) WI TNESSETH: That the Grantor, for and in consideration of the sum 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 to the Grantee, a Temporary Driveway Restoration Easement (hereinafter referred to as the "TORE") to enter upon the lands of the Grantor. described as follows(the"Easement Area"). See attached Exhibit "A" which is incorporated herein by reference. THIS IS NOT HOMESTEAD PROPERTY NOR IS IT CONTIGUOUS THERETO The Easement Area shall be used by Grantee for the purpose of filling, grading and placing concrete, asphalt or rock on the Grantor's lands for the purpose of constructing. with materials of like kind, a driveway/turnout and/or to provide for continuous transition between the existing driveway and the newly constructed road, sidewalk and drainage improvements to/for the Triangle Boulevard Project No 60215. This easement includes the right to remove and use any and all excavated material. The term of this TORE shall commence upon the issuance of Grantee's official Notice to Proceed to its contractor for the construction of the Triangle Boulevard Project and shall automatically terminate two years therefrom. IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. WITNESSES: NEW PLAN FLORIDA HOLDINGS, LLC, a Delaware 'mited a company By: (Sig ature) Nam : PA tu3 CIA 1 •_I a l . , 1 _ Title: e ,1�1L1 JC,�� '� Q f S4-tA . (Pri ' /Airl-/''gnature I 614 (Print Nam THIS CONVEYANCE ACCEPTED BY THE N1 * atl0 is exempt BOARD OF COUNTY COMMISSIONERS, from SOcuMentsfy MEN)tax. COWER COUNTY, FLORIDA, PURSUANT TO THE PROVISIONS OF RESOLUTION NO. 20(c - 7 ct 16 8 1 STATE OF ( / COUNTY OF lw The foregoing Tempor Driveway Restoration Easement was acknowledged before me by means of [dcal res nc or ❑ online notarization this ( ' " day of 311,4 Ol , 2020. by . as L✓P of NEW LAN FLORIDA HOLDINGS. LL . a Del vare limited liability company.who. / is personally known to me OR II// produced N/r as proof of identity. 01111F/it c� \` •�ssi•• •'•.•s i (Signature of Notary Public) Aj • A owik;� - (Print Name of Notary Public) G • C7 = n: • + Serial/Commission#(if any) - OO61 U i 15'3- PUB�,� s [r / ? ' MyCommission Expires: .0/'1 CDUNT0`\‘`‘ /.11/1111111° Approved as to form and legality. 079 Jennifer A. i3e1pcdiu `e'r79) `,, Assistant County A ttorncv rO l6B 1 4. THIS IS NOT A SURVEY •s+ EXHIBIT „A1, PARCEL 107TDRE PAGE 1 of 2 SKETCH A PORTION OF SECTION 34 TWN 50 RNG 26E PARCEL No. 34520001005 Strap No.:309400 3a 16B03 , --/ /'- / / / i . S' / / / Gti !/ / / / o "c • 'c,a Q ..,r / �� 0 1 //7 - / / /! / // �O // / . r V Q• // �`&,�`~ 1. / / / / / `'<" / // / is C'- ‘ / / TEMPORARY DRIVEWAY RESTORATION EASEMENT DURATION 2 YEARS LEGEND: / TDRE — TEMPORARY DRIVEWAY RESTORATION EASEMENT // LINE BEARING DISTANCE / L1 N 41'07'18" W 10.00' L2 S 41'07'19" E 10.00' / CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH / C1 117.65' 545.00' 12'22'05" N 41'54'20" E 117.42' / C2 15.00' 545.00' 1'34'37" 535.00' 1'36'23" N 48'52'41" E 15.00' ��M _ ROW C3 15.00' S 48'52'41" W 15.00' / / OCT 2 j :2R12 I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND 1HAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052. FLGRIDA THIS MAP IS NOT VALID WITHOUT THE ORIGINAL ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. SIGNATURE AND RAISED SEAL OF THE FLORIDA MARK D. McCLEARY, PSM LICENSED SURVEYOR AND MAPPER. FLORIDA REGISTRATION o. 6557 FOR COLLIER COUNTY 9 tv' 'i(/ . /a-r -/J DATE SIGNED: BOARD OF' COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL I07TDRE TRANSPORTATION ENGINEERING DIVISION 2985 SOUTH 1101191911109 DRY[ NAPIES.F1O11IDA 94104(R99)252_e;92 DATE f PROJ No. (SHEET 1 of 2 (FILE: 160 1 EXHIBIT "A" ..' THIS IS NOT A SURVEY ••• PAGE 2 of 2 PARCEL 107TDRE DESCRIPTION A PORTION OF SECTION 34 TWN 50 RNG 26E PARCEL.No. 34520001005 DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT EASTERLY RIGHT OF WAY OF TRIANGLE BLVD. AND THE SOUTHERN NORTHWEST CORNER OF IRAC'F 3A OF 1 HE FREEDOM SQUARE PLAT,AS RECORDED IN PLAT BOOK 22, PAGES 57 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 117.65', WITH A RADIUS OF 545.00', WITH A DELTA ANGLE OF 12°22'05". WITH A CHORD BEARING OF N 41'54'20" E, WITH A CHORD LENGTH OF 117.42' TO THE POINT OF BEGINNING. THENCE CONTINUE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 15.00', WITH A RADIUS OF 545.00', WITH A DELTA ANGLE OF I°34'37". WITH A CHORD BEARING OF N 48°52'4I" E, WITH A CHORD LENGTH OF 15.00'; THENCE S 41°07'18"E A DISTANCE OF 10.00'; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 15.00', WITH A RADIUS OF 535.00', WITH A DELTA ANGLE OF I°36'23", WITH A CHORD BEARING OF S 48'52'4I" W. WITH A CHORD LENGTH OF 15.00'; THENCE N 41°07'19" W A DISTANCE OF 10.00'; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 150.00 SQUARE FEET,0.003 ACRES. BASIS OF BEARINGS: SOUTH LINE OF SECTION 34 BEARS S 89°26'3I" E; I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIFECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF THIS MAP IS NOT VAUD WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.05G THROUGH .052, FLORIDA SIGNATURE AND RAISED SEAL OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION No. 6557 /� �► FOR COLLIER COUNTY Pt/eat �C /��r DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 1077 ORE TRANSPORTATION ENGINEERING DMS'ON xaee BOVTM xossaxoc owvc eAc;ts,n.mvDA 34104(zoa)zaz-muz DATE I PROJ No. (SHEET 2 of 2 (FILE: ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 B 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no late/ than Monday preceding the Board meeting. >)��",,,,� �j y�ili4y'1�t5E+YL **NEW** ROUTING SLIP P.6C. 'c(,U Ial i Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the documen 's already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to th County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Vie,,\Qec( � D as a0 2. BCC Office Board of County �j Commissioners J I I• odd 3. Minutes and Records Clerk of Court's Office t ,wo io'Nalat PRIMARY CONTACT INFORMATION' (\/(1(-) Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Cindy M. Erb Phone Number 239-252-8917 Contact/ Department Agenda Date Item was Agenda Item Number Approved by the BCC �3 1 c�C� j (�; ►�� Type of Document oc\c Number of Original Attached 4 c, 'YY"l ),1 Documents Attached PO number or account Accourai: Fund , Cost Center number if document is Object Code 649030, Project to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? O yr 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's , signature and initials are required. ( 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. .---- Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on _,Z.t ,z-3 C ,and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made, and the document is ready for the f, Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 B 1 Martha S. Vergara From: Martha S.Vergara Sent: Tuesday, December 1, 2020 4:47 PM To: Erb, Cindy (CindyErb@colliergov.net) Subject: Donation Agreement (2/23/2010 BCC Mtg. - Agenda Item #16B1) Attachments: Cindy Erb.pdf Hi Cindy, Attached for your records are the above referenced documents. The Utility Easement will be taken to Recording in the morning. Have a great evening, Martha Vergara BMR&VAB Senior Deputy Clerk cerr Office: 239-252-7240 Az, Fax: 239-252-8408 E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County ��w 3299 Tamiami Trail E, Suite #401 a� Naples, FL 34112 www.CollierClerk.com i 1 61J 1 PROJECT Fiddler s Creek Force Main Relocation TAX IDENTIFICATION# 32432008020. 32432403162&32432404365 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1, a community development established pursuant to Chapter 190 F.S., (hereinafter referred to as "Owner ), whose mailing address is c/o Anthony P. Pires, Jr.. Woodward, Pires & Lombardo. P.A.. 3200 Tamiami Trail North. Suite 200, Naples, FL 34113. and 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, (hereinafter referred to as "County"). whose mailing address is 3335 Tamiami Trail East. Suite 101. Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual_ non- exclusive easement ("Easement")for the purpose of constructing, operating. maintaining. and repairing utility facilities and related facilities over. under. upon and across the lands described in Exhibit "A" hereinafter referred to as the ("Property"), which is attached hereto and made a part of this Agreement: WHEREAS. Owner desires to convey the Easement to County for the stated purposes. on the terms and conditions set forth herein; and WHEREAS. Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes. on the terms and conditions set forth herein. said terms including that no compensation shall be due and payable for the Easement requested by County; and NOW. THEREFORE. in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration. the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall grant a non-exclusive Utility Easement over, under, upon and across the Property to County at no cost to the County. unless otherwise stated herein. 2. Prior to Closing. Owner shall obtain from the holders of any liens. exceptions and/or qualifications encumbering the Property. the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in 1 B 1 the public records of Collier County. Florida. Owner shall provide such instruments. properly executed, to County on or before the date of Closing. 3. This Agreement shall be null and void. and of no further force or effect. unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments. properly executed, which either remove. release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal. State and Local environmental laws: that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County: that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County. that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. To the extent authorized by Florida law. and without waiving or expanding the limited waiver of sovereign immunity in Section 768 26 Florida Statutes, Owner shall indemnify, defend. save and hold harmless the County against and from, and to reimburse the County with respect to. any and all damages. claims. liabilities, laws. costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court. out of court. in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of the Easement. 7. The County shall pay for all costs of recording the conveyance instrument. and recording costs for any curative instruments, in the Public Records of Collier County, Florida and all costs associated with this transaction including. but not limited to transfer, documentary and intangible taxes. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination. Consent & Joinder of Easement of encumbrances. if any. recorded against the Property from the holder(s) of the encumbrance(s). The cost of a title commitment shall be paid by County. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs. executors. personal Donation Agreement 16B 1 representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above, and the written Agreement. including all exhibits attached hereto. shall constitute the entire Agreement and understanding of the parties. and there are no other prior or contemporaneous written or oral agreements, undertakings. promises. warranties. or covenants not contained herein. 10. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF. the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: 01\a3,ac ) O AS TO COUNTY: at:` \k-e.MAt I U 1 e3o\ 2D I L DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA, AS THE CRYSTAL K. KINZEL, Clerk GOVERNING BODY OF COLLIER COUNT' . . AND AS EX-OFFICIO THE GOVERNING' =_ BOARD OF THE COLLIER COUNTY ` WATER SEWER DISTRI ' st to C 3irmat eputy )rKi7_ �'/'" ►1sIsts��``` sicntture BY: :mot" BURT L. SAUNDERS, Chairman Approved as to form and legality. Jenn A Belpedio,Assista County Attorney 2V2 c.,/ •V Donation Agreement • 16B 1 AS TO OWNER: Witness#1 ( ignature) FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT#1, a CaeSLEY E. IQholkail4A . community development district Witness#1 (Print Name) established pursuant to Chapter 9 .S. By: v Witness#2(Signature) Name: Phillip Brougha Pkw-a. S Title: Chair Witness#2(Print Name) Y Donation Agreement 4 GG 1 68 1 , G o'gWgo\oppaolc' W CO -�� I- Y U 11 W Exton' ~ U m N o 0 CO ir) v CO N m 0TOOO N In w L1 e Lo w 3 i 1"= 100' m ---I Li r` O p w aL (O w CV N U it _ m (-)N O ao N • a_ N[n N w I NT. VT Z J v wO- om p aqw (� CI N °° Z W � • m oN m J a 50 } ao Z LI o Q o Z 0 CN r. _ ci Q a0 2 in o w w e v O Q N Co L5 a L4 Z cV o :.......mzN m w to in is, a^ rn O CI ^ O N L.) W U m N CI) w a I- CX CT; U N L.)w r Z Sr)N 'T w U N m• Z� =o r a CO `� w a C.,p t ' _. W ' Q' b p co w x N CN Cr w a Co CO I-N Z v.) t-- Wwao L3 Z3ta _ L6 O y--'• OP W a_ o`` Z —cr o / Li ono w I a— 00 cr m h- ..- I J �''- V) Nwd Z o Q O w=ac p a 0-N ~ o cai Q a I - U MATCHLINE *NOT A SURVEY* -INN 3r DATE 950 Encore Way G.N 07/08/2020 Naples, FL. 34110 DRAW NC NO SHEET j OF SHEET H-1347 2 Phone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION PROJECT NO SEC twN-RGF wvHOLE MONTES Florida Certificate of 2020.001 14-5IS-26E er(R S',A('a;`s';'I-Y Authorization No.'772 FILE NAME 163 1 c'.\Use,s\GungNgo\oppooto'• EXHIBIT ' 1 CURVE RADIUS DELTA ANGLE CHORD LENGTH CHORD BEARING ARC LENGTH C1 175.00' 31'18'26" 94.44' S 75'59'59" W 95.62' C2 649.00' 31'48'29" 355.69' N 72'26'29" W 360.30' LINE BEARING DISTANCE L1 S 01'39'12" W 60.00' L2 N 29'39'14" W 47.38' L3 S 00'36'44" W 5.01' L4 S 01'39'12" W 78.47' L5 N 01'39'12" E 1.00' L6 N 00'36'44" E 30.03' LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, ALL OF TRACT D, AND A PORTION OF TRACT L-18 OF FIDDLER'S CREEK. PHASE 1B, UNIT 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 29. PAGE 77-85. AND A PORTION OF TRACT B1 FIDDLER'S CREEK. PHASE 2A, UNIT 3. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 35, PAGE 98-102. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT B1 FIDDLERS CREEK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 35, PAGE 98-102, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN 588'20'44"E ALONG THE NORTH LINE OF SAID TRACT B1 FOR A DISTANCE OF 589.78 FEET; THENCE LEAVING SAID NORTH LINE, RUN SO1'39'12"W FOR A DISTANCE OF 60.00 FEET, TO A POINT ON THE SOUTH LINE OF SAID TRACT B1; THENCE RUN THE FOLLOWING FOUR (4) COURSES ALONG THE SOUTH LINE OF SAID TRACT B1; 1) THENCE RUN N88'20'48"W FOR A DISTANCE OF 270.46 FEET, TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; 2) THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 175.00 FEET, THROUGH A CENTRAL ANGLE OF 31'18'26" AND BEING SUBTENDED BY A CHORD OF 9444 FEET AT A BEARING OF S75'59'S9"W, FOR AN ARC LENGTH OF 95.62 FEET; 3) THENCE RUN N29'39.14"W FOR A DISTANCE OF 47.38 FEET; 4) THENCE RUN N88'20'48"W FOR A DISTANCE OF 202.95 FEET, TO A PONT ON THE EAST LINE SAID TRACT L-18; THENCE RUN SOC'36'44"W ALONG THE EAST LINE OF SAID TRACT L-18 FOR A DISTANCE OF 5.01 FEET: THENCE LEAVING SAID EAST LINE, RUN N8870'44"W FOR A DISTANCE OF 582.85 FEET, TO A POINT ON THE EAST LINE OF SAID TRACT D; THENCE RUN SO1'39'12"W ALONG THE EAST LNE OF SAID TRACT D FOR A D.STANCE OF 78.47 FEET, TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE AND A POINT OF CUSP; THENCE ALONG SAID CURVE TC THE LEFT, HAVING A RADIUS OF 649 00 FEET, THROUGH A CENTRAL ANGLE OF 31'48'29" AND BEING SUBTENDED BY A CHORD OF 355.69 FEET AT A BEARING OF N72'26'29"W, FOR AN ARC LENGTH OF 360.30 FEET; THENCE RUN S88'20'44"E ALONG THE BOUNDARY OF SAID TRACT D FOR A DISTANCE OF 342.07 FEET, TO A POINT ON THE WEST LINE OF SAID TRACT L-18: THENCE RUN N01'39'12"E ALONG THE WEST LINE OF SAID TRACT L-18 FOR A DISTANCE OF 1.00 FEET, TO THE NORTHWEST CORNER OF SAID TRACT L-18; THENCE RUN 588'20'44"E ALONG THE NORTH LINE OF SAID TRACT L-18 FOR A DISTANCE OF 582.48 FEET, TO A POINT ON THE WEST LINE OF SAID TRACT 61; THENCE RUN NOO'36'44"E ALONG THE WEST LINE OF SAID TRACT B1 FOR A DISTANCE OF 30.03 FEET, TO THE POINT OF BEGINNING. CONTAINING 1.3 ACRES, MORE OR LESS. BEARINGS REFER TO THE NORTH LINE OF OF TRACT B1 FIDDLERS CREEK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 35, PAGE 98-102, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AS BEING S88'20'44"E. HOLE MONIES, INC. N,,,, CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 ;' o`'NJ�PTO ''' `sts ( e ]q"Nly tgn.a by 3onn H,.t°n = \' 6478 DN[n=M0n N,Iton o.N°4 MontH S `STATE OF I FLORIDA 1a r,ulyohnnlno.ynmeng,om.«US y`� f 'L.20]gm 1014 43 36 WOO �`�....../ ,` BY P.S.M. f 6278 °'"Wo„Swreya11111111 ,,0„``, JOHN J. HILTON STATE OF FLORIDA *NOT A SURVEY* DRAWN BY: DATE: 950EncoreWayDRAWING G.N 07/08/2020 Naplees, FL. 34110 H-1 347 SHEET OF SHEET 2 2 Phone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION PROJECT NO HOLE MONTES Florida Certificate of 2020.001 SEC-TWN-RGE «,;ores SxtEIGa5 Authorization No.1772 F 14-515-26E - 1E NAME AMON 4V1/00105 COMM, 1613 B 1 PROJECT Fiddlers Creek Force Main Relocation TAX IDENTIFICATION# 32432008020 32432403162&32432404365 INSTR 5962703 OR 5853 PG 420 RECORDED 12/2/2020 1:38 PM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA DOC@.70$0 70 REC$35.50 CONS$10.00 UTILITY EASEMENT THIS UTILITY EASEMENT. made and entered into this 0' day of 1 )(rlycin1J F.N , 2020. by FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT#1, a community development established pursuant to Chapter 190 F.S., whose mailing address is do Anthony P. Pires. Jr . Woodward. Pires & Lombardo. P.A., 3200 Tamiami Trail North. Suite 200. Naples, FL 34113, 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. whose mailing address is 3335 Tamiami Trail East. Suite 101. Naples. FL 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, access and maintenance purposes. on the following described lands located in Collier County, Florida. to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements. restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. 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. utility lines and pipes. and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing. operating. maintaining. and accessing utility facilities thereon. Grantor and Grantee are used for singular or plural. as the context requires The easements granted herein shall constitute easements running with the land and shall burden the lands described above. THIS CONVEYANCEACCEPTED BY THE BOARD OF COUNTYCOMmISSIONERS, COLLIER COUNTY FLORIDA, PURSUANT TO THE PROVISIONS 6- OF RESOLUTION NO. .- .o‘0-39 ._ - i /64 16B 1 PROJECT Fiddlers Creek Force Main Relocation TAX IDENTIFICATION# 32432008020 32432403162&32432404365 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1, a .1._._.2, community development district Witness#1 ignature) established pursuant to Chapter 90 F.S. �'i,4SL '( E. A! A 'tS •,e. / Witness#1 (Print Name) a �� -- By. , /l am Witness#2(Signature) Name: Phillip Brougham /� P�� S Title: Chair Witness#2lc' (Print Name) STATE OF VAo(-A..c).: COUNTY OF �� kve,-- The foregoin Utility Easement was acknowledged before me by means of physical presence or fl online notarization this day of bU0So EP - , 2020 by Phillip Brougham, as its Chair. on behalf of FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1, a community development established pursuant to Chapter 190 F.S. Such person(s) Notary Public must check applicable box: v j are personally known to me. i p' '' CLEO ADAMS � • MY COMMISSION#GG 928966 ;.-..o` EXPIRES:December12,2023 produced her current driver license. 'jFek,F�°, Bonded Thru Notary Public Underwriters n produced as identification. (Notary Seal) `� ::f-t!%:."-`-'/ Notary Public Printed Name of Notary: i' - Pc-►�S Commission Number: G- G 94'2, 9(e(P My Commission Expires: l o)/ i' --f a Approved as to form and legality 11 C ,� o Jenni A. Belpedio. Ass nt County Attorney ?�L \v\ 16B 1 _3 , _''9N9o\a C ;•_ }. .._.__ __ _ .+'.EK 0hr9 _oyou11 1_ .. ..35pm °_ __ .,,c1N9n W 0, MATCHLINE , g t a ,_ wu f ! m Z X '' 1'f. 4 t 0 p v- co .__�,_o, N N ____ 0 50 100 CO CO • to to • Li w w 3 =coo 1"= 100' e co d m a- O b - w°- o w N N U W V- N Lo U a co co coN. a n (r) w m W Z N • -J v w0_ o O w T_ e 0 '' C.)N °0 Z a W gy •m\ oN co m Z LT 0 N o O n I Oy Q co 2 Lo • c) w W z / 1- L5 L4 Z o v g I co co 1Z N \,ti Z m w In 0) O p N O N _ st U w d V a] N M w N UN ZUsw 3 _ w VN N ZF � z m `� wa 7 co U' po co d fm W t o, O O O m w w(.�• N Co OOU COm I- <n Z (n I--W°m L3 Z -Ja: L6 i w 0_o� z cc u-) 0 NC m W I O - J V,' LY m n I ' V' Z U cr 4 O 1Wx r- C3d N a e It m Q a I 0 MATCHLINE *NOT A SURVEY* DRAWN a,' CATE 950 Encore Way '2RAANG NO GA 07/08/2020 Naples, FL. 34110 H-1347 SHEET # or SNE� Phone: (239) 254-2000 PROJECT NO SEC-'VN POE HOLE MONTES Florida Certificate of SKETCH AND LEGAL DESCRIPTION 2020.001 14-51S-26E PIONEERS P. '5 wRrErotS Authorization No.1772 FILE NAME 168 1 .sera\Gion9Hyo\oppdato\loca1\temp\Acpublieh_11530\2020 00T C U E'00LER'5 CREEK dog Tab Layout2 Ad 10.7070- 2 35o,polled by CiangN90 EXHIBIT 'A t, CURVE RADIUS DELTA ANGLE CHORD LENGTH CHORD BEARING ARC LENGTH C1 175.00' 31'18'26" 94.44' S 75'59'59" W 95.62' C2 649.00' 31'48'29" 355.69' N 72'26'29" W 360.30' LINE BEARING DISTANCE L1 S 01'39'12" W 60.00' L2 N 29'39'14" W 47.38' L3 S 00'36'44" W 5.01' L4 S 01'39'12" W 78.47' L5 N 01'39'12" E 1.00' L6 N 00-36'44" E 30.03' LEGAL DESCRIPTION: PARCEL OF LAND LOCATED IN SECTION 14, TOWNSHIP 5' SOUTH, RANGE 26 EAST, COLDER COUNTY, FLORIDA, ALL CF TRACT D, AND A PORTION ;F TRACT L-18 OF FIDDLER'S CREEK, PHASE 1B. UNIT 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 29. PAGE 77-85. AND PORTION OF TRACT B1 FIDDLER'S CREEK, PHASE 2A, UNIT 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 35, PAGE ?8-102, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT B1 FIDDLERS CREEK, ACCORDING IC THE PLAT THEREOF AS RECORDED IN PLAT BOOK 35, PAGE 98-102, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S88'20'44'E ALONG THE NORTH LINE OF SAID TRACT B1 FOR A `ISTANCE OF 589.78 FEET; THENCE LEAVING SAID NORTH LINE, RUN SO1'39'12"W FOR A DISTANCE OF 60.00 FEET, TO A POINT ON THE SOUTH HE OF SAID TRACT B1, THENCE RUN THE FOLLOWING FOUR (A) COURSES ALONG THE SOUTH UNE OF SAID TRACT B1; 1) THENCE RUN V88'20'48"W FOR A DISTANCE OF 270.46 FEET, TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; 2) THENCE ALONG SAID CURVE TO THE .EFT, HAVING A RADIUS OF 175.00 FEET, THROUGH A CENTRAL ANGLE OF 31'18'26" AND BEING SUBTENDED BY A CHORD OF 94.44 FEET AT A ?EARING OF S75'59'59"W, FOR AN ARC LENGTH OF 95.62 FEET, 3) THENCE RUN N29'39'14"W FOR A DISTANCE OF 47.38 FEET; 4) THENCE RUN N88'20'48"W FOR A DISTANCE OF 202.95 FEET, TO A POINT ON THE EAST LINE SAID TRACT L-18; THENCE RUN S00'36'44"W ALONG THE EAST LINE OF SAID TRACT L-18 FOR A DISTANCE OF 5.01 FEET; THENCE LEAVING SAID EAST JNE, RUN N88'20'44"W FOR A DISTANCE OF 582.85 FEE'. TO A POINT ON THE EAST LINE OF SAID TRACT D; THENCE RUN SO1'39'124 ALONG THE EAST LINE OF SAID TRACT D FOR A DSTANCE OF 78.4 FEET, TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE AND A POINT OF CUSP; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 649.00 FEET, THROUGH A CENTRAL ANGLE OF 31'48'29" AND BEING SUBTENDED BY A CHORD OF 355.69 FEE' AT A BEARING OF N72'26'29"W, FOR AN ARC LENGTH OF 360.30 FEET; THENCE RUN S88'20'44"E ALONG THE BOUNDARY OF SAID TRACT D 7OR A DISTANCE OF 342.07 FEET, TO A POINT ON THE WEST LINE OF SAID TRACT L-18; THENCE RUN NO1'39'12"E ALONG THE WEST LINE OF SAID TRACT L-18 FL'. A DISTANCE OF 1.00 FEET, TO THE NORTHWEST CORNER OF SAID TRACT L-18; `HENCE RUN S88'20'44"E ALONG THE NORTH LINE OF SAID TRAC L-18 FOR A DISTANCE OF 582.48 FEET, TO A POINT ON THE WEST LINE OF SAID TRACT BT; THENCE RUN N00'36'44"E ALONG THE WEST LINE OF SAID TRACT B1 FOR A DISTANCE OF 30.03 FEET, TO THE POINT OF BEGINNING. CONTAINING 1.3 ACRES, MORE OR LESS. BEARINGS REFER TO THE NORTH LINE OF OF TRACT B1 FIDDLERS CREEK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 35, PAGE 98-102, OF THE PUBLIC RECORDS CF COLLIER COUNTY, FLORIDA AS BEING S88'20'44"E. HOLE MONTES, INC. ,°,1,N U CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 r" HL Boy S. 6278 Dg,Wly signed by John Mean• c 2 DN cn.3ohn Hihon.o.No.Monies [ STATE OF a auveyo.p.dn,e" \,FLORIDA ernaily0Mn ho,Mmeng cool,.US Date 20200/10 4336 oa00' �".... `°``,. BY P.S.M. 16278 '„NTI,,Saryeyol,,,,,,,,,3• JOHN J. HILTON STATE OF FLORIDA *NOT A SURVEY * DRAWN BY DATE. 950 Encore Way DRAWING NO. G.N 07/08/2020 Naples, FL. 34110 H-1347 SHEET / OF SHEET phone: 239 254-2000 PROJECT NO 2 2 HOLE MONTES Florida Certificate at SKETCH AND LEGAL DESCRIPTION 2020.001 SEC-WN-RCE Ena'LERS p,Ne(OT 0.60Ero2S Authorization No.1772 FILE NAV 14-51S-26E ImarolcaL OS claw, 168 1 PROJECT: Fiddler's Creek Force Main Relocation TAX IDENTIFICATION#: 32432008020,32432403162&32432404365 GRANTOR'S NON-FOREIGN, TAXPAYER IDENTIFICATION &"GAP" AFFIDAVIT The undersigned, Phillip Brougham, as Chair, ("Affiant") on behalf of Fiddler's Creek Community Development District #1 , a community development established pursuant to Chapter 190 F.S., ("Grantor"), after being duly sworn, deposes and says: 1. Grantor is the fee simple owner and the only owner of the property located in Collier County and described in Exhibit "A" attached hereto ("Property"). 2. Grantor's Legal Name is: Fiddler's Creek Community Development District #1, a community development established pursuant to Chapter 190 F.S. 3. Section 1445 of the Internal Revenue Code requires a transferee of a U.S. real property interest to withhold tax if the transferor is a foreign person. For U.S. tax purpose (including Section 1445), the owner of a disregarded entity having legal title to a U.S. real property interest under local law will be the transferor of the property and not the disregarded entity. To inform Collier County, as transferee, that withholding of tax is not required upon disposition the Property, Affiant affirms that the following is true: a. Grantor is not a non-resident alien (if individual) or a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined by the Internal Revenue Code and Income Tax Regulations.) for purposes of U.S. income taxation b. Grantor's address is: do Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail North, Suite 200 Naples, FL 34113 c. Grantor is not a disregarded entity as defined in s.1.1445-2(b)(2)(iii). (NOTE: A disregarded entity for these purposes means an entity that is disregarded as an entity separate from its owner under s.301.7701-3, a qualified REIT subsidiary as defined in s. 856(i), or a qualified subchapter S subsidiary under s.1361(b)((3)(B). 4. Grantor's Taxpayer Identification Number is: i 168 1 5. For purposes of reporting this Transaction to the Internal Revenue Service on Form 1099-S, the Property is Grantor's (check one) Principal Residence X Other real estate 6. Grantor is in sole constructive or actual possession of the Property, and there is no other person or entity that has any possessory right in the Property. 7. Grantor has full authority to convey an easement over the Property. 8. There are no existing contracts for sale or mortgage commitments other than those being closed affecting the Property. 9. Grantor knows of no defects in the Property's title and, except for real estate taxes for the current year and those items identified on Exhibit "B" attached hereto, there are no liens, encumbrances, mortgages, claims or demands on or against the Property. 10. There are no unrecorded labor, mechanics', materialmen's liens or "Notices of Commencement" against the Property; no material has been furnished to or labor performed upon the Property within the past ninety (90) days which has not been paid for in full; no notices to owner have been delivered to or received by the Grantor. 11 . There are no bills, liens or assessments for sanitary sewers, paving or other public utilities, or improvements made by any governmental instrumentality, which are now unpaid, against the Property. Further, Grantor acknowledges responsibility for water, sewer and electrical consumption charges through date of closing or occupancy by Grantor, whichever first occurs. If any bills, liens or assessments are found which relate to the period of Grantor's possession, Grantor will pay same upon demand. Grantor shall obtain any release documents needed which relate to bills, liens or assessments not paid at the time of closing. 12. No notice has been received of any public hearing regarding future or pending zoning changes or assessments for improvements by any governmental instrumentality. 13. Grantor knows of no violations of local or state laws or private covenants, restrictions or conditions which pertain to the Property. 14. There are no judgments, orders or decrees which have been entered in any state or federal court against the Property or Grantor, and there are no civil or administrative actions pending against Grantor or which involve the Property in any way, including no action for dissolution of marriage or bankruptcy. 15. The Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local laws, regulations, and ordinances, including environmental laws, and that the Grantor has no knowledge of any spill or 2 1 6- B 1 environmental law violation on any property contiguous to or in the vicinity of the Property; and that Grantor has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive closing and/or acceptance and is not deemed satisfied by conveyance of title. 16. To the extent authorized by Florida law, and without waiving or expanding the limited waiver of sovereign immunity in Section 768.26 Florida Statutes, Grantor shall indemnify, defend and hold Collier County harmless against and from any and all damages, claims, liabilities, actions, expenses, penalties, fines and costs (including attorney's fees and expenses) incurred by or asserted against Collier County by reason of or arising out of the breach of Grantor's representations under Paragraph 15 above, irrespective of whether Affiant was negligent in the making of these representations. This provision shall survive closing and/or acceptance and is not deemed satisfied by conveyance of title. 17. There are no unrecorded deeds, judgments, liens, mortgages, easements or rights of way for users, claims, boundary line or other disputes, or demands of any nature asserted against or affecting the Property. 18. There are no matters pending against Grantor that could give rise to a lien that would attach to the Property, or cause a loss of title, or impair title between the effective date of the title insurance commitment (or title search showing ownership and encumbrances) and the time of recording of the instruments evidencing the County's fee simple or other interests in the Property; and that Grantor has not executed and will not execute any instrument that would adversely affect the title to the Property from the date of this Affidavit forward. 19. If the conveyance is of fee simple and by purchase, Grantor agrees that in the event the current real and personal property taxes vary in amount from the figures used in making the prorations used in closing the conveyance of the Property to County, then a new proration and a correct and proper adjustment shall be made upon demand. Grantor understands that all taxes, maintenance charges and assessments due from Grantor for which a bill is rendered prior to closing will be charged against Grantor on the closing statement. 20. If the Property is improved property, then Grantor is the owner of said property, and there are no claims, liens, security interests, claims or demands of any kind against the furniture, equipment, fixtures and personal property located on the Property and being sold as part of this transaction. 21 . If the subject Property hereto is rental property, Grantor hereby represents that Grantor has paid all sales taxes due to the State of Florida to date and will pay any remaining taxes due in respect to said premises before due and will indemnify and hold harmless Collier County from Grantor's failure to do so. 0 3 I 6 8 1 22. Grantor agrees to fully cooperate with Collier County when necessary to correct an error discovered after closing and, in doing so, to execute, without delay, any corrective instrument(s) needed in order to effectuate the intent of the parties to this transaction. This provision shall survive closing. 23. Grantor understands that this certification may be disclosed to the Internal Revenue Service by Collier County and that any false statements made here could be punished by fine, imprisonment, or both. Grantor further authorizes the submission of this affidavit if and when required. 24. Under penalties of perjury, I, the undersigned affiant, state that I have examined this affidavit and to the best of my knowledge and belief it is true, correct and complete as of the date of execution hereof; that I am authorized to execute this affidavit as or on behalf of Grantor and to bind Grantor thereby; that I will immediately notify Collier County of any change to the representations contained herein and that, in the absence of such notification, Collier County may rely on the representations contained herein on the day of closing; that Grantor intends for Collier County, its agents and attorneys, the title company issuing the title policy (if title insurance is to be issued), its underwriter and its employees, any escrow/settlement agent and other parties and their attorneys participating in this transaction, to rely on these representations, and Grantor will indemnify said parties for all damages, loss, liability, claims, cost and expenses, including attorney fees, which arise out of or result from their reliance upon these representations, irrespective of whether I was negligent in making these representations or executing this Affidavit. FIDDLER'S CREEK COMMUNITY CPDEVELOPMENT DISTRICT #1 , a 1 community development district Witness#1 Signature) established pursuant to Chapter 90 F.S. C,XeSC.6Y E . AbAous -R , Witness#1 (Print Name) Witness#2(Signature) Name: Phillip Brough Title: Chair CA�o aeta S Witness#2(Print Name) 71 4 163 1 STATE OF FL COUNTY OF Sworn to ubscribed before me by means of 0 physical presence or ❑ online notarization this � day of be,-�b-e-et-- , 2020, by Phillip Brougham, as its Chair, on behalf of Fiddler's Creek Community Development District #1, a community development established pursuant to Chapter 190 F.S. Such person(s) Notary Public must check applicable box: are personally known to me. ❑ produced her current driver license. ❑ produced as identification. (Notary Seal) Notary Public �,ec Printed Name of Notary: C- Commission Number: CC=. `/4%.R'(Q(, - *„ita. _ My Commission Expires: 0-(13-I 0)- ►�' CLEO ADAMS ' MY COMMISSION#GG 928966 ,/ EXPIRES:December 12,2023 ''°P' Bonded Thru Notary Public Underwriters 5 16B 1 C:\Users\Giono,g0\,,,,,data\loco,\temp\Acpublish_11536\2020.001 C.U.E.FIDDLER'S CREEK.dwg Tab: Layout, Jul 10,2020- 2:35pm Plotted by. GiongNgo I w 0] � __� • I— w� MATCHLINE / ce o I U Itj csi m 1 I o 50 100 w L1 w a 1"= 100' 3 = I 1 W 1 r c0 r` ..r CO i 't NtJ Y Ur w N N V UJ 1nLo Urn CL c0 00 N. 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MATCHLINE *NOT A SURVEY* DRAWN BY: DATE DRAWING NO. 950 Encore Way G.N 07/08/2020 H-1347 Naples, FL. 34110 SHEET # OF SHEET N0. 1 2 Phone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION 2 PROJECT CT NO. 1 HOLE MONTES Florida Certificate of SEC-TWN-RGE, FILE NAME 14-51S-26E ENGINEERS PLANNERS SURVEYORS Authorization N0.1772 2020.001 CAEIDDILA'SCAEEKAwg 1 6- 13 1 C:\Users\GiongNgo\appdato\local\temp\AcPublish_11536\2020.001 C.U.E.FIDDLER'S CREEK.dwg Tab: Loyout2 Jul 10, 2020- 2:35prn Plotted by GiangNgo Ex r . ;;T Par" z _of. 2- CURVE RADIUS DELTA ANGLE CHORD LENGTH CHORD BEARING ARC LENGTH C1 175.00' 31'18'26" 94.44' S 75'59'59" W 95.62' C2 649.00' 31'48'29" 355.69' N 72'26'29" W 360.30' LINE BEARING DISTANCE L1 S 01'39'12" W 60.00' L2 N 29'39'14" W 47.38' L3 S 00'36'44" W 5.01' L4 S 01'39'12" W 78.47' L5 N 01'39'12" E 1.00' L6 N 00'36'44" E 30.03' LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, ALL OF TRACT D, AND A PORTION OF TRACT L-18 OF FIDDLER'S CREEK, PHASE 1B, UNIT 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 29, PAGE 77-85, AND A PORTION OF TRACT B1 FIDDLER'S CREEK, PHASE 2A, UNIT 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 35, PAGE 98-102, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT B1 FIDDLERS CREEK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 35, PAGE 98-102, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S88'20'44"E ALONG THE NORTH LINE OF SAID TRACT B1 FOR A DISTANCE OF 589.78 FEET; THENCE LEAVING SAID NORTH LINE, RUN S01'39'12"W FOR A DISTANCE OF 60.00 FEET, TO A POINT ON THE SOUTH LINE OF SAID TRACT B1; THENCE RUN THE FOLLOWING FOUR (4) COURSES ALONG THE SOUTH LINE OF SAID TRACT B1; 1) THENCE RUN N88'20'48"W FOR A DISTANCE OF 270.46 FEET, TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; 2) THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 175.00 FEET, THROUGH A CENTRAL ANGLE OF 31'18'26" AND BEING SUBTENDED BY A CHORD OF 94.44 FEET AT A BEARING OF S75'59'59"W, FOR AN ARC LENGTH OF 95.62 FEET; 3) THENCE RUN N29'39'14"W FOR A DISTANCE OF 47.38 FEET; 4) THENCE RUN N88'20'48"W FOR A DISTANCE OF 202.95 FEET, TO A POINT ON THE EAST LINE SAID TRACT L-18; THENCE RUN S00'36'44"W ALONG THE EAST LINE OF SAID TRACT L-18 FOR A DISTANCE OF 5.01 FEET; THENCE LEAVING SAID EAST LINE, RUN N88'20'44"W FOR A DISTANCE OF 582.85 FEET, TO A POINT ON THE EAST LINE OF SAID TRACT D; THENCE RUN S01'39'12"W ALONG THE EAST LINE OF SAID TRACT D FOR A DISTANCE OF 78.47 FEET, TO THE BEGINNING OF A NON—TANGENTIAL CIRCULAR CURVE AND A POINT OF CUSP; THENCE ALONG SAID CURVE TO, THE LEFT, HAVING A RADIUS OF 649.00 FEET, THROUGH A CENTRAL ANGLE OF 31'48'29" AND BEING SUBTENDED BY A CHORD OF 355.69 FEET AT A BEARING OF N72'26'29"W, FOR AN ARC LENGTH OF 360.30 FEET; THENCE RUN S88'20'44"E ALONG THE BOUNDARY OF SAID TRACT D FOR A DISTANCE OF 342.07 FEET, TO A POINT ON THE WEST LINE OF SAID TRACT L-18; THENCE RUN N01'39'12"E ALONG THE WEST LINE OF SAID TRACT L-18 FOR A DISTANCE OF 1.00 FEET, TO THE NORTHWEST CORNER OF SAID TRACT L-18; THENCE RUN S88'20'44"E ALONG THE NORTH LINE OF SAID TRACT L-18 FOR A DISTANCE OF 582.48 FEET, TO A POINT ON THE WEST LINE OF SAID TRACT B1; THENCE RUN NOD'36'44"E ALONG THE WEST LINE OF SAID TRACT B1 FOR A DISTANCE OF 30.03 FEET, TO THE POINT OF BEGINNING. CONTAINING 1.3 ACRES, MORE OR LESS. BEARINGS REFER TO THE NORTH LINE OF OF TRACT B1 FIDDLERS CREEK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 35, PAGE 98-102, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AS BEING S88'20'44"E. HLE CEERTIFCATE OF ,,, EIAUTHORIZATION NC. �� NUMBER LB 1772 o4N J T• u J'ease N;.'O -. 6278 4• '1 Digitally signed by John Hiltonou- = f DN:cn=John part ntHale Mantes, p STATE OF I em Survey Department, rn�.,FLORIDA /// ` a11=Johnhilton®hmeng.com,c=US 'q,�'r f Date:2020.07.10 14:43:36-04'00' °O7;O •""••••••• p SurveyoR ``,`. BY P.S.M. #6278 ,,,,dsHtitHn,ss1, JOHN J. HILTON STATE OF FLORIDA *NOT A SU RVEY DRAWN BY: DATE: DRAWING NO. 950 Encore Way G.N 07/08/2020 H-1347 Naples, FL. 34110 SHEET # OF SHEET N0. 2 z Phone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION 2 PROJECT CT NO. 1 SEC-TWN-RGE: HOLE MONTES Florida Certificate of FILE NAME 14-51S-26E ENGINEERS PLANNERS SURVEYORS Authorization No.1772 2020.001 c.0.E.ROOLLK'S CREEK.dep 1 6 B 1 EXHIBIT "B" 1. All matters shown on the plat recorded in Plat Book 29, Page(s) 77 through 85, inclusive, of the Public Records of Collier County, Florida. 2. All matters shown on the plat recorded in Plat Book 35, Page(s) 98 through 102, inclusive, of the Public Records of Collier County, Florida. 3. Lake Sharing Covenant recorded in Official Records Book 1484, Page 1777, of the Public Records of Collier County, Florida. 4. Covenants, conditions, easements, and restrictions recorded in Official Records Book 2315, Page 2050; as amended in Official Records Book 2348, Page 504, Official Records Book 2549, Page 3144, in Official Records Book 2644, Page 3474, Official Records Book 2834, Page 1226, Official Records Book 3535, Page 3695; Amended and Restated in Official Records Book 3685, Page 319, as amended in Official Record Book 4023, Page 3272, in Official Records Book 4426, Page 2150, Official Records Book 4793, Page 188, all of the Public Records of Collier County, Florida. 5. Declaration of Restrictions and Protective Covenants for Mulberry Row Village, Fiddler's Creek, Phase 1B, Unit Two recorded in Official Record Book 2348, Page 510, re-recorded in Official Record Book 2413, Page 2439, amended in Official Records Book 2549, Page 3138, Official Records Book 2651 , Page 234, Official Records Book 3757, Page 3705, re-recorded in Official Records Book 3783, Page 194, all of the Public Records of Collier County, Florida. 6. Covenants, conditions, easements and restrictions recorded in Official Records Book 2348, Page 521 ; as amended in Official Records Book 2549, Page 3133 of the Public Records of Collier County, Florida 7. Declaration of Restrictive Covenants for The Golf Club at Marco and Fiddler's Creek Properties recorded in Official Records Book 2366, Page 2244, Memorandum of Amendment recorded in Official Records Book 2923, Page 1821 , re-recorded in Official Records Book 2965, Page 3254, Third Amendment recorded in Official Records Book 3624, Page 584, of the Public Records of Collier County, Florida. 8. Covenants, conditions, easements and restrictions recorded in Official Records Book 2527, Page 152, of the Public Records of Collier County, Florida. 9. Covenants, conditions, easements and restrictions recorded in Official Records Book 2527, Page 706, of the Public Records of Collier County, Florida. 10.Covenants, conditions, easements and restrictions recorded in Official Records Book 2834, Page 1229, as amended in Official Records Book 2965, Page 3261, 6 16B 1 Official Records Book 4872, Page 1231, of the Public Records of Collier County, Florida. 11.Covenants, conditions, easements and restrictions recorded in Official Records Book 2834, Page 1236, as amended in Official Records Book 4913, Page 2679, of the Public Records of Collier County, Florida. 12.Easement for roadway as contained in deed recorded in Official Records Book 178, Page 452, of the Public Records of Collier County, Florida. 13.Easement for roadway as recorded in Official Records Book 182, Page 519, of the Public Records of Collier County, Florida. 14.Easement for roadway as recorded in Official Records Book 183, Page 138, of the Public Records of Collier County, Florida. 15.Collier County Ordinance 75-20 which regulates the installation of water distribution and waste water collection systems, Ordinance Number 75-21 which protects certain trees within Collier County and Ordinance Number 75-24 which is known as the Collier County Zoning Ordinance for the Coastal Area Planning District; all of which were recorded in Official Records Book 619, Page 1177, of the Public Records of Collier County, Florida. 16.Resolution by the Board of County Commissioners of Collier County, Florida, establishing the Immokalee Planning Area and the Coastal Planning Area recorded in Official Records Book 649, Page 1239, of the Public Records of Collier County, Florida. 17.Easement Agreement recorded in Official Records Book 1484, Page 1612, of the Public Records of Collier County, Florida. 18.Golf Course Easement Agreement recorded in Official Records Book 1484, Page 1668 and as vacated and replaced by Agreement to Vacate and Grant Replacement Golf Course Easements in Official Records Book 2871, Page 3410, of the Public Records of Collier County, Florida. 19.Hotel Restriction Agreement recorded in Official Records Book 1484, Page 1724, of the Public Records of Collier County, Florida. 20.Drainage Easement Agreement recorded in Official Records Book 1557, Page 2321, of the Public Records of Collier County, Florida. 21 .Final Judgment filed in Case No. 96-3097 Fiddler's Creek Community Development District vs The State of Florida, et al, for District Special Assessment Revenue Bonds recorded in Official Records Book 2239, Page 1896, of the Public Records of Collier County, Florida. 7 16- B 1 22.Avigation Easement recorded in Official Records Book 2242, Page 2307, of the Public Records of Collier County, Florida. 23.Agreement to assign reservations and dedications recorded in Official Records Book 2285, Page 1561, of the Public Records of Collier County, Florida. 24.Utility Easement recorded in Official Records Book 2358, Page 434, of the Public Records of Collier County, Florida. 25.Utility Easement granted to Fiddler's Creek Community Development District, as more fully set forth in the document recorded in Official Records Book 2446, Page 642, of the Public Records of Collier County, Florida. 26.Utility Easement granted to Fiddler's Creek Community Development District, as more fully set forth in the document recorded in Official Records Book 2845, Page 1924, of the Public Records of Collier County, Florida. 27. Utility Easement granted to Fiddler's Creek Community Development District, as more fully set forth in the document recorded in Official Records Book 2992, Page 1159, of the Public Records of Collier County, Florida. 28.Grant of Temporary Construction and Access Easement recorded in Official Records Book 4103, Page 2124, of the Public Records of Collier County, Florida. 29.Declaration of Density Allocation recorded in Official Records Book 4362, Page 2990, as amended in Official Records Book 5054, Page 1820, of the Public Records of Collier County, Florida. 30.Memorandum of Agreement recorded November 16, 1989 in Official Records Book 1484, Page 1851 , of the Public Records of Collier County, Florida. 31 .Notice of Adoption of Development Order for Unit 30, Isle of Capri Commercial and Key Marco (Horr's Island) and part of Marco Shores Planned Unit Development recorded February 15, 1990 in Official Records Book 1505, Page 1728, as amended in Resolution No. 89-149 in Official Records Book 1505, Page 1783, Resolution No. 88-48 in Official Records Book 1505, Page 2340, amended in Official Records Book 1514, Page 746 and in Official Records Book 2774, Page 3254, all of the Public Records of Collier County, Florida. 32.Maintenance Agreement recorded November 16, 1990 in Official Records Book 1572, Page 2245 of the Public Records of Collier County, Florida. 33.Memorandum of Agreement between 951 Land Holdings Joint Venture and Collier County inducing Collier County to support the establishment of a Community Development District recorded February 29, 1996 in Official Records Book 2153, Page 812, of the Public Records of Collier County, Florida. 8 166 1 34.Notice of Filing (Fiddler's Creek Community Development District 1) recorded October 23, 2018 in Official Records Book 5565, Page 158, of the Public Records of Collier County, Florida. 35.Planned Unit Development (P.U.D.) issued by Collier County under Ordinance No. 84-41 (84-42) on June 12, 1984, as amended by Ordinance No.'s 88-48 and 89-34, as issued on May 24, 1988 and June 13, 1989, respectively and as amended. 36.Reservations as contained in deed recorded in Official Records Book 5037, Page 3196, and in deed recorded in Official Records Book 5406, Page 3880, of the Public Records of Collier County, Florida. 37.First Amendment to the By-Laws recorded February 21, 2012 in Official Records Book 4766, Page 1767, of the Public Records of Collier County, Florida. 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 B 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Coun Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP &cDrrf' 1 aq Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Jennifer Belpedio, Assistant County County Attorney Office g t 12 2 1A Attorney 2. BCC Office Board of County ) Commissioners 3. Minutes and Records* Clerk of Court's Office NA-) I 1.4 .3 1 3.Pi"'- PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robert Bosch,Mgr., ROW Acquisitions, Phone Number 252-5843 Contact/ Department Transportation Engineering Agenda Date Item was February 23rd,2010 Agenda Item Number 16.B.1 (Resolution Approved by the BCC 2010-39) Type of Document Subordination Agreement Number of Original One Attached Documents Attached PO number or account Check attached for recording fees. number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial Applicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, No provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed g. ) by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's fJ t A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010(enter date)and all changes made during the meeting have been incorporated in the attached document. The option for County Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the 9 an option Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16B 1 Project: INSTR 5993339 OR 5884 PG 1189 Parcel: RECORDED 2/1/2021 10:04 AM PAGES 4 Folio No.: CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC $35.50 INDX$1.00 SUBORDINATION OF UTILITY INTERESTS Public Body rd THIS AGREEMENT is made and entered into this as day of , by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"), and COMCAST OF FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a Colorado limited liability company, formally known as COMCAST OF COLORADO/FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a Colorado limited liability company, as successor in interest to COMCAST OF THE SOUTH, INC., a Colorado corporation, whose mailing address is 301 Tower Road, Naples, Florida 34113-8074 (hereinafter referred to as "Utility"). WITNESSETH: WHEREAS, the Utility has an interest in that certain tract or parcel of land lying and being in Collier County, Florida, more particularly described and set forth in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, the County has determined that this Property is suitable and appropriate for right of way, utilities, and drainage structures and facilities, including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes and various types of water control structures; and WHEREAS, the County's proposed use of the Property for right of way, utilities, and drainage purposes requires the subordination of the interest in the Property by the Utility to the County; and WHEREAS, the Utility is desirous of consenting to the subordination and the relocation of its facilities within the Property, if necessary; and WHEREAS the County is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Utility and County hereby agree as follows: 1 . The Utility hereby subordinates any and all of its interest in the Property (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors and assigns, for the purpose of constructing, improving, maintaining and operating drainage structures and facilities over, under, through, upon, and/or across said Property, including, but not limited to the claim of interest based upon the following: NATURE OF ENCUMBRANCE DATE RECORDED BOOK, PAGE Broadband Communication Systems June 1,2005 4155-4109 CAO COMCAST SUBORDINATION OF UTILITIES 168 1 2.The Utility shall have the right to construct,operate,maintain,improve,add to,upgrade, remove,and/or relocate its facilities within and upon the Property in accordance with the County's minimum standards for such facilities. Any construction or relocation of facilities within the Property will be subject to prior approval by the County. If the County requires the Utility to alter, adjust, or relocate its facilities from or within the Property, the County shall give the Utility 90 (ninety) days' written notice to do so and hereby agrees to pay the reasonable cost of such alteration, adjustment,or relocation,including, but not limited to the cost of acquiring appropriate easements. 3.The Utility shall have a reasonable right to enter upon the Property for the purposes outlined in paragraph 2 above,including the right to trim such trees,brush,and growth which may endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 4.The Utility shall repair any damage to the County's facilities resulting from the exercise of its rights as outlined in paragraphs 2 and 3 above. 5.These terms and conditions shall be attached as an addendum to that permit, if any, required by the County for location of the Utility's facilities within the Property. 6.This Agreement shall be assignable only to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. • ATTEST: • BOARD .F#TY COMMISSI E S Crystal K. Kiirize'1;Clerk COLLIE' 01141/ • NTY, FLORIDA BY: l Atte as.to Chairirran f uty Clerk Penny Taylor,Chairperson sicgn.ature only. Signed,sealed and ivered COMCAST OF FLORIDA/MICHIGAN/NEW in our presence s itnesses: MEXICO/PENNSYLVANIA/WASHINGTON, LLC a Colorado limited liability company r . By: COMCAST CABLE COMMUNICATIONS,LLC / ITNESS(Signature) a Delaware limited liability company,as ��� Manager O Na :—J'�^��'S ) AJ44rZt/6, (Print or Type) By: COMCAST HOLDINGS CORPORATION,a Pennsylvania corporation,as Manager WITNESS(Signature) By: Patrick O'Hare � (Name) Name:a-e-0E%t.net) ire J ( Region VP Engineering (Print or Type) (Title) .7 COMCAST SUBORDINATION OF UTILITIES 2 Last Revised 05/28/2020 16B 1 STATE OFq4-LA of p COUNTY OFm god, The foregoing Subordination of Utility Interests was acknowledged before me by means of Vlph�sical presence or Li online notarization this .�' day of ()e.cCIIRA , 2020, by ; •C'. _ 14-Y`c_ (Name), as Fccii KJ V ,%.N� �t`►��(t�r (Title), of COMCAST HOLDINGS, INC., a Delaware cor oration, as Manager of COMCAST CABLE COMMUNICATIONS, LLC, a Delaware limited liability company, as Manager of COMCAST OF FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a Colorado limited liability company, on behalf of the corporation and the companies, who is personally known to me or who has produced as identification. (affix notarial seal) 't P,Z• ',/�(��c,E1.�1 ('`' ` ire (Signature of Notary Public) •gAY n Notary Public State of Florida -� C ,n, 4) `�^ Theresa Lynn Martin 1`/ ,�L \ p Vtt • My Commission GG 302200 (Print Name of Notary Public) *), ory-0,i Expires 02/14/2023 NOTARY PUBLIC Serial/Commission # (if any) 6226V My Commission Expires: )- /�f zez3 Approved as to form and legality: n7 Jennifer A. Belpedio Assistant County Attorney 0 COMCAST SUBORDINATION OF UTILITIES 3 Last Revised 05/28/2020 16B 1 EXHIBIT"A" LEGAL DESCRIPTION LEGAL DESCRIPTION ALL THAT PART OF SECTION 26,TOWNSHIP 49 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 26; THENCE S 89°18'30"W ALONG THE SOUTH LINE OF SAID SECTION 26 A DISTANCE OF 50.00 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF AIRPORT-PULLING ROAD(CR-31),SAID LINE ALSO BEING THE EASTERLY LINE OF BEARS PAW (O.R.1175,PGS.672-676); THENCE N 00°06'58"E ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND SAID EASTERLY LINE A DISTANCE OF 955.64 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND SAID EASTERLY LINE N 00°06'58"E A DISTANCE OF 603.12 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS POINT BEARS S 53°15'16"W AND HAVING A RADIUS OF 35.00 FEET,SAID POINT ALSO BEING THE NORTHEAST CORNER OF BEARS PAW; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND ALONG THE NORTHERLY LINE OF BEARS PAW,ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°03'38"AN ARC DISTANCE OF 10.42 FEET;THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE AND SAID NORTHERLY LINE S 00°02'17"E A DISTANCE OF 45.07 FEET; THENCE S 05°13'06"W A DISTANCE OF 50.55 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS S 84°45'50"E AND HAVING A RADIUS OF 53.60 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°12'32"AN ARC DISTANCE OF 11.42 FEET;THENCE S 06°58'23"E A DISTANCE OF 36.99 FEET;THENCE S 00°02'17"E A DISTANCE OF 67.58 FEET; THENCE S 07°59'32"W A DISTANCE OF 32.98 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 53.60 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°55'05"AN ARC DISTANCE OF 7.41 FEET; THENCE S 00°04'26"W A DISTANCE OF 31.18 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 53.60 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°59'37"AN ARC DISTANCE OF 9.35 FEET; THENCE S 09°55'11"E A DISTANCE OF 20.28 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 46.40 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°09'50"AN ARC DISTANCE OF 14.71 FEET; THENCE S 08°14'40"W A DISTANCE OF 25.19 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 53.60 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°57'13"AN ARC DISTANCE OF 16.80 FEET; THENCE S 09°42'33"E A DISTANCE OF 28.19 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 46.40 FEET; COMCAST SUBORDINATION OF UTILITIES 4 THENCE ALONG THE ARC OF SA ?1iIEkaWi9 IENTRAL ANGLE OF 01°22'19"AN ARC DISTANCE OF 1.11 FEET; THENCE S 00°58'56"E A DISTANCE OF 202.88 FEET;THENCE S 08°39'44"E A DISTANCE OF 10.90 FEET TO AN INTERSECTION WITH SAID WESTERLY RIGHT-OF-WAY LINE AND SAID EASTERLY LINE OF BEARS PAW TO-THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 0.10 ACRES.REFERENCE ABB DRAWING#12463-SD1 ,,�W 16tixi 0 0 1 PROJECT: 60219 Whippoorwill Ln.&Marbella Lakes Dr.Connection n r0 m m cn PARCELS: 104RDUE, 107RDUE, 107TCE, 105RDUE, 105TCE, 111RDUE, 111TCE C M 073 FOLIOS: 75020000125, 75020000028, 22150000200,22150000226 o � nmmw This instrument prepared by: o 0 = N zm � � Florida Power&Light Company n o O P.O.Boxlll9 � N � rn � cn Sarasota,FL 34230-1119 O C cc> U -� 0) DOOD -13 SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR C REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS D D THIS AGREEMENT,entered into this "I' day of _ ./.4'‘. 2020,by and between COLLIER COUNTY,a political 0 8 subdivision of the State of Florida,hereinafter called the"Co T m 0y",and FLORIDA POWER&LIGHT COMPANY,a Florida Corporation,whose mailing address is P.O.Box 14000,Juno Beach,Florida 33408,hereinafter called"Utility". WITNESETH: 0 r- WHEREAS,the Utility presently has an interest in certain lands that have been determined necessary for highway purposes;and WHEREAS,the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the County;and WHEREAS,the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of- way to prevent conflict between the County's use and the Utility's use,and for the benefit of each,and WHEREAS the County,in recognition of the Utility's interest in the certain lands,is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit"A",attached hereto and made a part hereof, NOW,THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,Utility and the County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on"EXHIBIT A"attached hereto and made a part hereof,to the interest of the County,or its successors,for the purpose of constructing,improving,maintaining and operating a road over,through,upon,and/or across such lands,based on the following: NATURE OF ENCUMBRANCE DATE RECORDED BOOK,PAGE Easement 2/17/1976 OR 642,Pages 33 et.seq Easement 10/12/2005 OR 3909,Pages 3846 et.seq Easement 6/24/2003 OR 3324,Pages 509 et.seq The County and the Utility further agree that: 1. "Public right-of-way",as used herein,shall mean that area which is described in Exhibit"A"and which includes the Utility's easements identified above and additional lands for public right-of-way,as described in Exhibit"A",attached hereto and made a part hereof. 2. The Utility shall have the right to construct,operate,maintain,improve,add to,upgrade,remove,and relocate facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right-of-way will be subject to prior approval by the County. 3. The County shall pay for the relocation of existing facilities.In addition,the Utility retains the right to be reimbursed, either now or in the future,for additional relocation or adjustment of its facilities located presently or to be located on the public right-of-way described in Exhibit"A",if such relocation or adjustment is caused by present or future uses of the right-of-way by the County or its assigns, including, but not limited to,the cost of acquiring replacement easements. 4. The Utility shall have the right to enter upon the lands described in Exhibit"A"for the purposes outlined in Paragraph 2 above,including the right to trim such trees,brush,and growth which might endanger or interfere with such facilities. The County shall provide and ensure access to said lands by the Utility. 5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage resulting from the Utility exercising its rights to construct,operate,maintain,improve,add to,upgrade or remove its facilities on the said public right-of-way. 16B 1 6. This Agreement shall not be assigned by the County except to the State of Florida. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. A1'1EST`: BOARD CO TY COMMISSIONERS CRYSTAL K.KINZEL,Clerk of the COLLIE C ,FLORIDA Circuit Coutt&Comptroller: • BY: A st-as to Chairman' eputy rc Penn Taylor,Chairperson signature only- Signed,sealed and delivered FLORIDA POWER&LIGHT COMPANY in the pr nee of: MO, By: By: 4114s/.mowJ Title: ' Print Name: Stacy B.WlnnUbst Print Name: 'peter K. Ramsey t Nam- (/(� > L�old (Corp.Seal) STATE OF FLORIDA,COUNTY OF fA I he by certify that on this day,before me,an officer duly authorized to take acknowledgements,personally appeared by means of�physical presence or❑online notarizationA fie: 9W me known and personally known to me to be the person described in,and did not take an oath and who executed the foregoing instrument as the M43451'the Florida Power&Light Company and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation. WITNESS my hand and official seal in the County and State aforesaid this l Leet 020. (affix notarial seal) Si ature of Notary Public) SARA S SISSON ( / Sara S.Sibson Notary Public-State of Florida ,•�I�,,o: Commission#GG 272126 (Print Name of Notary Public) �'�o ' My Comm.Expires Jan 31,2023 ( Bonded through National Notary Assn. I Serial/Commission#(if any):l--? l oZh • My Commission Expires: \j 31 Approved as to form d legality: 0 Yd ?;) Jennifer A.Belpedio Assistant County Attorney 2 FPL Subordination Agreement Last revised:o5/11/2o - _ • ••. THIS IS NOT A SURVEY ••• Page_ ,of.1 PARCEL 104 RDUE SKETCH A PORTION OF SECTION 18 TWN 49 RNG 26 E PARCEL No.75020000125 I W I6 6> STRATFORD PLACE V0 I w.r.c O I l 0 I AVIANO AT NAPLES I I PARCEL 104 I � TRACT"P" (PB 40 PG 18) I I —— —— — —— i Z ——— — -0 — —— —— —— I S` MARBELLA LAKES DR I , c eA l TRACT"G" .9 ,O• (PB 40 PC te) F I 60.00' S 89'34'58" W P.O.B. THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER —— MARBELLA LAKES LEGEND: RDUE — ROAD, DRAINAGE UTILITY EASEMENT P.O.B. — POINT OF BEGINNING TE _ ROW JUN 1 5 2020 I CERTIFY 'HAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF THIS MAP IS NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA SIGNATURE AND RAISED SEAL OF THE ORIGINFLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. UCENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION No. 6557 •/� FOR COWER COUNTY 1/I/ "!/�jOLD DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 104 RDUE TRANSPORTATION ENGINEERING DIVISION EM6 BOCfi[HOUlse011 a oo NAN".►I.OA 454104Imy'0t-°1°° DATE I PROJ No. ISHEET 1 of 2 IFILE: EXHIBIT Ce Pageof iqr- •4- THIS IS NOT A SURVEY *•• PARCEL 104 RDUE SKETCH A PORTION OF SECTION 18 TWN 49 RNG 26 E PARCEL No.75020000125 DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 18,TOWNSHIP 49 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF TRACT"G"OF STRATFORD PLACE,AS RECORDED IN PLAT BOOK 40,PAGE 18 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N 00°29'36"W A DISTANCE OF 60.0; THENCE S 45°27'19"E A DISTANCE OF 84.91'; THENCE S 89°34'58"W A DISTANCE OF 60.00'; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 1,800 SQUARE FEET,0.041 ACRES MORE OR LESS. BASIS OF BEARINGS:SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 18 BEARS N 89°34'58"E TE — ROW JUN 1 5 2020 I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THIS MAP IS NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF THE ORIGINAL ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM /,,5, FLORIDA REGISTRATION No. 8557 i?22�1f� 'v/ ���ZO FOR COWER COUNTY DATE SIGNED: Z.0 BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 104 RDUE TRANSPORTATION ENGINEERING DIVISION MN now sae WPM=am 34104(as)in-emt DATE 1 PROJ No. (SHEET 2 of 2 (FILE: 16B 1 *** THIS IS NOT A SURVEY *** EXHIBIT.....--_ PARCEL 107 RDUE SKETCH PageL3—of_L --- A PORTION OF SECTION 18 TWN 49 RNG 26 E PARCEL No.75020000028 I T 1____ -1 r.1 � I I I � I NTS I ? I STRATFORD PLACE I E-, (PB 40, PG 17) 1 I I U I Fl S I45'29'36" Ei 1 35.36' N PARCEL 10t7 RDUE I 26 00' 24 E '/ - - -- -- I I U) W I = fD 0 o ANDALUCIA I M o o N STRATFORD LANE N 0 ° TRACT "A" a o I -d I o °'_ z m S 89'3Q'24" W -- 0 26.00 a a S 44'30'24" W 35.36' I I P.O.B. ' TE - ROW TRACT "J" JUN 1 5 2020 I LEGEND: RDUE - ROADWAY DRAINAGE UTILITY EASEMENT P.O.B. - POINT OF BEGINNING I I I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THIS MAP IS NOT VALID WITHOUT NE SIGNATURE AND RAISED SEAL OF THE ORIGINFLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY. PSM ��� �/��� FLORIDAORCO REGISTRATION No. 6557`/��/LLG ifiktA e- 0 /zeta FOR COWER COUNTY V y DATE SIGNED: HOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 107 RDUE TRANSPORTATION ENGINEERING DIVISION enea swim®9atlII6I WM MAPLES.raRmA 94104( w-uoe DATE I PROJ No. (SHEET 1 of 2 IFILE: 16B 1 *•* THIS IS NOT A SURVEY *** HIBrr...--'-- PARCEL 107 RDUE page DESCRIPTION A PORTION OF SECTION 18 TWN 49 RNG 26 E PARCEL No.75020000028 DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 18,TOWNSHIP 49 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF TRACT"A"OF STRATFORD PLACE,AS RECORDED IN PLAT BOOK 40,PAGE 17 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N 00°29'36"W ALONG THE EASTERLY RIGHT OF WAY OF WHIPPOORWILL LANE OF A DISTANCE OF 140.00'; THENCE S 45°29'36"E A DISTANCE OF 35.36'; THENCE N 89°30'24"E A DISTANCE OF 26.00'; THENCE S 00°29'36"E A DISTANCE OF 90.00'; THENCE S 89°30'24" W A DISTANCE OF 26.00'; THENCE S 44°30'24"W A DISTANCE OF 35.36; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 5215 SQUARE FEET,0.120 ACRES MORE OR LESS. BASIS OF BEARINGS:SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 18 BEARS N 89°34'58"E. TE - ROW JUN 15 2020 I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THIS MAP IS NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF THE ORIGINAL ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. FLORILICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDAOR REGISTRATION No. 6557������K (/`��`,%�/// `/ FOR COWER COUNTYO j/ d/`z DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 107 RDUE TRANSPORTATION ENGINEERING DIVISION was NMI xoeeaas DIM NM"'UM wa IKn KY-tlW DATE I PROJ No. (SHEET 2 of 2 ]FlLE: 1 6 B *** THIS IS NOT A SURVEY *** EXHIBIT A----- PARCEL 107 TCE SKETCH P a a{ e Oft -- A PORTION OF SECTION 18 TWN 49 RNG 26 E PARCEL No.75020000028 i I -- -- J I _ I � I , I J / A TX STRATFORD PLACE E.., (PB 40, PG 17) ' Ic.) 1 S 89'30'24" W I / 86.86 PARCL 1C17 -- 0 STRATFORD Zr. I ANDALUCIA I I o LANE o I O.B. ON Oup � 1 1 O W O c, I N 891130'24" E I TRACT "A" 51.00' �^ 11 w �� N 89'30`Z4-E \N 00'29'36" W 86.86' 25.00' I , P.O.C. I Q'I + , I 1 O , I TRACT "J" a TE - ROW x ! I JUN 1 5 2020 I I , LEGEND: I T.C.E. - TEMPORARY CONSTRUCTION EASEMENT 1 P.O.C. - POINT OF COMMENCEMENT P.O.B. - POINT OF BEGINNING i I . I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF ORIGINALPROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THIS MAP IS NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF THEFLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION No. 6557 FOR COLLIER COUNTY &L �//,��- 6/Z/ DATE SIGNED: ��jy// BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 107 TCE TRANSPORTATION ENGINEERING DIVISION WM WWI 60113110000 DMZ „A,.s.,.noun.56104(1365 2116-0,0 DATE I PROJ No. ISHEET 1 of 2 IFILE: 16B i «s« THIS IS NOT A SURVEY +** EXHIBIT PARCEL 107 TCE SKETCH page.�..of A PORTION OF SECTION 18 TWN 49 RNG 26 E PARCEL No.75020000028 DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 18,TOWNSHIP 49 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF TRACT"A"OF STRATFORD PLACE,AS RECORDED IN PLAT BOOK 40,PAGE 17 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N 00°29'36"W ALONG THE EASTERN RIGHT OF WAY OF WHIPPOORWILL LANE OF A DISTANCE OF 25.0' THENCE N 89°30'24"E A DISTANCE OF 51.00'TO THE POINT OF BEGINNING; THENCE CONTINUE N 89°30'24"E A DISTANCE OF 86.86' THENCE N 00°29'36"W A DISTANCE OF 90.00'; THENCE S 89°30'24"W A DISTANCE OF 86.86' THENCE S 00°29'36"E A DISTANCE OF 90.00'; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 7817.40 SQUARE FEET,0.18 ACRES MORE OR LESS. BASIS OF BEARINGS:SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 18 BEARS N 89°34'58"E. E ! E - ROW JUN 1 5 2020 CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF THIS MAP IS NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORA SIGNATURE AND RAISED SEAL OF THE ORIGIN A ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. FLOR LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION No. 6557 FOR COLLIER COUNTY `'`' �``r'(/(� „ �2Q Z!' DATE SIGNED: c� BOARD OF COUNTY COMMISSIONERS TITLE COMER COUNTY, FLORIDA PARCEL 107 TCE TRANSPORTATION ENGDIEBE1NG DIVISION MO MOM wm11111ot auvl Mwss.MAMA 34104 hao)tat-area DATE I PROJ No. (SHEET 2 of 2 'FILE: 16B 1 ••• THIS IS NOT A SURVEY ••• PARCEL 105 RDUE EXHIBIT SKETCH A PORTION OF SECTION 18 TWN 49 RNG 26 E Page Of l PARCEL No.22150000200 I I 1 1 1 , , .. I S 8916'40" W i 8.78' I -` Y I w.: I S 00'23'20` E I 50.00' N/00'23'20" w STRATFORD LANE .00' • PARCEL 105 RDUE N 89'36'40" E fl r__________ . _____1 8.78' W P.O.B. 1 ANDALUCIA i I TRACT"P-3" I C d I (PB 43 PG 97) rs I I 1 0 a0 1 I f I P 1 Q) 1 I t In 100 0 , I 1 1 I 1 I I I I I 1 I I LEGEND: RDUE — ROADWAY DRAINAGE UTILITY EASEMENT t I P.O.C. — POINT OF COMMENCEMENT I P.O.B. — POINT OF BEGINNING P.O.C. I I --r —_ __ __ TE - ROW __ 1 JUN 15 2020 AVIANO I 1 . I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF THIS MAP IS NOT VAUD WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA SIGNATURE AND RAISED SEAL OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION No. 6557 FOR COLDER COUNTY gum/0 " "/Z/ - Cif/ //Z/ZOZo DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 105 RDUE TRANSPORTATION ENGINEERING DIVISION 11.26 SOUTH 31002114101 own WPM Main 64104 WO W-a@ DATE I PROJ No. ISHEET 1 of 2 IFILE: 6 8 I R'* THIS IS NOT A SURVEY •*a EXHIBIT PARCEL 105 RDUE EXHIBIT DESCRIPTION Page n of 1 A PORTION OF SECTION 18 TWN 49 RNG 26 E PARCEL No.22150000200 DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 18,TOWNSHIP 49 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF TRACT"P-3"OF ANDALUCIA,AS RECORDED IN PLAT BOOK 43,PAGE 97 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N 00°23'20"W A DISTANCE OF 430.79'ALONG THE EASTERN LINE OF SAID TRACT TO THE POINT OF BEGINNING; THENCE CONTINUE N 00°23'20"W A DISTANCE OF 50.00'ALONG SAID LINE; THENCE S 89°36'40"W A DISTANCE OF 8:78'; THENCE S 00°23'20"E A DISTANCE OF 50.00'; THENCE N 89°36'40"E A DISTANCE OF 8.78';WHICH IS THE POINT OF BEGINNING; HAVING AN AREA OF 439 SQUARE FEET,0.010 ACRES MORE OR LESS. BASIS OF BEARINGS:NORTH-SOUTH QUARTER SECTION LINE OF SECTION 18 BEARS N 00°23'20"W. TE - ROW JUN 1 5 2020 I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF S MAP IS NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THI T S APE AND RAISED SEAL UT THE ORIG NA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM ���� �/f�jJ,+ FLORIDA REGISTRATION No. 8557 G�%vvv//`/ r///my 6//4/� FOR COWER COUNTY Zy DATE SIGNED: BOARD OF COUNTY COMMISSIONERS 11TLE COLLIER COUNTY, FLORIDA PARCEL 105 RDUE TRANSPORTATION RNGINERRINC DIVISION MI B°1QN 1m1®°t Burt tura.%IINlm1 31104(P+t)151-012e DATE I PROJ No. 'SHEET 2 of 2 IFILE: 16B 1 ••• THIS IS NOT A SURVEY •*• HIBIT --- PARCEL 105 TCE pagp��,,.0f-+-+ — SKETCH y" A PORTION OF SECTION 18 TWN 49 RNG 26 E PARCEL No.22150000200 S 89'36'40" W 1 ( I I I I 25.00 1 I I I , I N 89'36'40" E 8.78' I I _I- _ N 00'23'20" W 25.00, NT.S S 00'23'20" E 1 100.00' N 00123'20" w STRATFORD LANE 5 .00' PARCEL 105 S 69'36' W A N 00'23'2r W -- 2 00' 8. 8.78' N 89'36'40" E I t 25.00 i I I 1 P.O.B. I I I ri ( I I I PIH N I I N I J al 01 z I 0 ! ' la TE - ROW I Q.. , H JUN 1 5 2020 1 , I 1 LEGEND: I T.C.E. - TEMPORARY CONSTRUCTION EASEMENT P.O.C. i 1 P.O.C. - POINT OF COMMENCEMENT -- -- -- -- -- 1 P.O.B. - POINT OF BEGINNING AVIANO 1 I I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5,1-17.050 THROUGH .052, FLORIDA THIS MAP IS NOT VALID WITHOUT NE SIGNATURE AND RAISED SEAL OF THE ORIGINFLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. • LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY. PSM ���,f FLORIDA REGISTRATION No. 6557���/,�( .1:7WU // / FOR COLLIER COUNTY O ]tJ DATE SIGNED: ZOzO BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 105 TCE TRANSPORTATION ENGINEERING DIVISION MI5 SOUR[WORTH I D7IYT MOM.MAIM Slid((So)rat-SIS2 _ DATE I PROJ No. (SHEET 1 of 2 FILE: 16B 1 EXHIBIT *** THIS IS NOT A SURVEY *** Page I V oLL _ PARCEL 105 TCE DESCRIPTION A PORTION OF SECTION 18 TWN 49 RNG 26 E PARCEL No.22150000200 DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 18,TOWNSHIP 49 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF TRACT"P-3"OF ANDALUCIA,AS RECORDED IN PLAT BOOK 43,PAGE 97 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N 00°23'20"W A DISTANCE OF 405.79'ALONG THE EASTERN LINE OF SAID TRACT TO THE POINT OF BEGINNING; THENCE CONTINUE N 00°23'20"W A DISTANCE OF 25.00'ALONG SAID LINE; THENCE S 89°36'40"W A DISTANCE OF 8.78'; THENCE N 00°23'20" W A DISTANCE OF 50.00'; THENCE N 89°36'40"E A DISTANCE OF 8.78'; THENCE N 00°23'20"W A DISTANCE OF 25.00' THENCE S 89°36'40"W A DISTANCE OF 25.00'; THENCE S 00°23'20"E A DISTANCE OF 100.00'; THENCE N 89°36'40"E A DISTANCE OF 25.00'; WHICH IS THE POINT OF BEGINNING; HAVING AN AREA OF 2061 SQUARE FEET,0.048 ACRES MORE OR LESS. BASIS OF BEARINGS:NORTH-SOUTH QUARTER SECTION LINE OF SECTION 18 BEARS N 00°23'20"W. TE - Row JUN 1 5 2020 I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF THIS MAP IS NOT VAUD WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA SIGNATURE AND RAISEDVAU SEAL UT THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY. PSM ����� �/�� FLORIDAO REGISTRATION No. 6557`/�� / /(� / FOR COWER COUNTY `fJ V /Z cVAD DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY. FLORIDA PARCEL 105 TCE TRANSPORTATION ENGINEERING DIVISION BM PUN MUM=WO MN"„MY MI ( 5)w-u.. DATE I PROJ No. f SHEET 2 of 2 IFILE: ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B I TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. n A,�, **NEW** ROUTING SLIP ln3 147-9 Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1.. County Attorney Office County Attorney Office ac ‘of 2. BCC Office Board of County T+ 6 1 Commissioners 3. Minutes and Records Clerk of Court's Office rA4L MiSoa-I 14$'ict PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec,Transportation Eng-ROW Phone Number 239-252-5805 Contact/Department Agenda Date Item was 02/13/2010 Agenda Item Number 16.B.� Approved by the BCC g Resolution 2010-39 Type of Document FPL Subordination Agreement Number of Original 1 Attached Documents Attached PO or account number if document 333-163653-649030 is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? KD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed aos6 by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County KD an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the /A is not BCC,all changes directed by the BCC have been made,and the document is ready for the 0,,c37 option for Chairman's signature. ' line. Please scan under BMR Real Property—60219—Whippoorwill—Marbella Lal C neciton I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16 � 75OO 20 2 PROJECT: 60219 Whippoorwill Ln.&Marbella Lakes Dr. Connection m OO m m o PARCELS: 104RDUE, 107RDUE, 107TCE, 105RDUE, 105TCE, 111RDUE, 111TCE cfl C 73 0 xr FTI FOLIOS: 75020000125, 75020000028, 22150000200, 22150000226 0 0 S o, O -n 0 co This instrument prepared by: o 0 2 Iv Zm � � Florida Power&Light Company n R3 0 P.O.Box 1119 T n cn Sarasota,FL 34230-1119 O C cn o°Do 7-iAA Cr'SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR D O DII REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS D w A.+14 pZ m (n THIS AGREEMENT,entered into this L'' day of 1./.£.. 2020,by and between COLLIER COUNTY,a political 0 rn subdivision of the State of Florida,hereinafter called the"Co my",and FLORIDA POWER&LIGHT COMPANY,a Florida Corporation,whose mailing address is P.O.Box 14000,Juno Beach,Florida 33408,hereinafter called"Utility". WITNESETH: O r r WHEREAS,the Utility presently has an interest in certain lands that have been determined necessary for highway purposes;and WHEREAS,the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the County;and WHEREAS,the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of- way to prevent conflict between the County's use and the Utility's use,and for the benefit of each,and WHEREAS the County,in recognition of the Utility's interest in the certain lands,is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit"A",attached hereto and made a part hereof, NOW,THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,Utility and the County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on"EKR BIT A"attached hereto and made a part hereof,to the interest of the County,or its successors,for the purpose of constructing,improving,maintaining and operating a road over,through,upon,and/or across such lands,based on the following: NATURE OF ENCUMBRANCE DATE RECORDED BOOK,PAGE Easement 2/17/1976 OR 642,Pages 33 et.seq Easement 10/12/2005 OR 3909,Pages 3846 et.seq Easement 6/24/2003 OR 3324,Pages 509 et.seq The County and the Utility further agree that: 1. "Public right-of-way",as used herein,shall mean that area which is described in Exhibit"A"and which includes the Utility's easements identified above and additional lands for public right-of-way,as described in Exhibit"A",attached hereto and made a part hereof. 2. The Utility shall have the right to construct,operate,maintain,improve,add to,upgrade,remove,and relocate facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right-of-way will be subject to prior approval by the County. 3. The County shall pay for the relocation of existing facilities.In addition,the Utility retains the right to be reimbursed, either now or in the future,for additional relocation or adjustment of its facilities located presently or to be located on the public right-of-way described in Exhibit"A",if such relocation or adjustment is caused by present or future uses of the right-of-way by the County or its assigns, including, but not limited to,the cost of acquiring replacement easements. 4. The Utility shall have the right to enter upon the lands described in Exhibit"A"for the purposes outlined in Paragraph 2 above,including the right to trim such trees,brush,and growth which might endanger or interfere with such facilities. The County shall provide and ensure access to said lands by the Utility. 5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage resulting from the Utility exercising its rights to construct,operate,maintain,improve,add to,upgrade or remove its facilities on the said public right-of-way. 1 6 B 1 6. This Agreement shall not be assigned by the County except to the State of Florida. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. AI"I EST:\ BOARD CO TY COMMISSIONERS CRYSTAL K.KINZEL,Clerk of the COLLIE C ,FLORIDA Circuit Court&Comptroller' • BY: A ' s'as-to Chairman ,, eptay r` Penn Taylor,Chairperson signature only. Signed,sealed and delivered FLORIDA POWER&LIGHT COMPANY in the pr nee of: By: By: 41111111X/L i ri*.j s�Y�► Title: Print Name: S'tBCy B.WinnUbst Print Name: Peter K. Ramsey tNam . '? {/Li 1) L-$'old) (Corp.Seal) STATE OF FLORIDA,COUNTY OF fA I he by certify that on this day,before me,an officer duly authorized to take acknowledgements,personally appeared by means of physical presence or❑online notarizationitAcuititito me known and personally known to me to be rthe person described in,and did not take an oath and who executed the foregoing instrument as the '0. fi 01.4-1.1 fad the Florida Power&Light Company and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation. WITNESS my hand and official seal in the County and State aforesaid this 020. (affix notarial seal) ` — — Si attire of Notary Public) SARA S SIBSON ( Sara S.Sibson :o �'" Notary Public-State of Florida �y o Commission#GG 272126 ( (Print Name of Notary Public) `'fort~ My Comm.Expires Jan 31,2023 Bonded through National Notary Assn. I Serial/Commission#(if any):(s---A 021� • My Commission Expires: \` a IaC. 3 Approved as to form d legality: yo Jennifer A.Belpedio �\ Assistant County Attorney 2 FPL Subordination Agreement Last revised:05/11/2o • 1 6 B 1--- - .4. THIS IS NOT A SURVEY •*. PARCEL 104 RDUE SKETCH A PORTION OF SECTION 18 TWN 49 RNG 26 E PARCEL No.75020000125 11 W ) 1. IF— a STRATFORD PLACE I a I NTS O O I I � t AVIANO AT NAPLES I I PARCEL 104 ( I TRACT"P" (P8 40 PG 18) I I —— —— —— — — —— —— —— I Z o . /T5`. MARBELLA LAKES DR e TRACT"G" . ,fl, (P8 40 PG 18) 60.00' - --- - -- — -- - S 89'34'58" W P.O.B. THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER I —— _ —_ _— MARBELLA LAKES LEGEND: RDUE - ROAD, DRAINAGE UTILITY EASEMENT P.O.B. - POINT OF BEGINNINGon'^, TE JUN 1f 5 220020 I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THIS MAP IS NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF THE ORIGINFLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. UCENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION No. 6557 • FORCOWER COUNTY /t/✓ '� 6//��� DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 104 RDUE TRANSPORTATION ENGINEERING DIVISION ENS MIK DDEENtlSI D I x rtsa NCE11U4 6410.Iaay tlhA1N DATE I PROJ No. ISHEET 1 of 2 IFILE: if3_B l EXHIBIT PageofJq *** THIS IS NOT A SURVEY *** PARCEL 104 RDUE SKETCH A PORTION OF SECTION 18 TWN 49 RNG 26 E PARCEL No.75020000125 DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 18,TOWNSHIP 49 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF TRACT"G"OF STRATFORD PLACE,AS RECORDED IN PLAT BOOK 40,PAGE 18 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N 00°29'36"W A DISTANCE OF 60.0; THENCE S 45°27'19"E A DISTANCE OF 84.91'; THENCE S 89°34'58" W A DISTANCE OF 60.00'; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 1,800 SQUARE FEET,0.041 ACRES MORE OR LESS. BASIS OF BEARINGS:SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 18 BEARS N 89°34'58"E TE - ROW JUN 1 5 2020 • I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF THIS IS NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052. FLORIDA SIGNATURE IMAP AND RAISED SEAL UOT THE ORIFLOGINAL ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. IDA LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM ���/� h �/�- F DA EISTR No. 8557 '%��3r2�1/w d/���������! �+/� FORAT COWER COUNTY G G / f7 j(j�j DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 104 RDUE TRANSPORTATION ENGINEERING DIVISION Iw WOW N°®OS I U WIZ!..=WM ULU MO)�e—e1os DATE 1 PROJ No. (SHEET 2 of 2 JFlLE: 1 6 B 1 ""• THIS IS NOT A SURVEY EX•*• H1B1T _ PARCEL 107 RDUE /(-�- SKETCH Page O --^- A PORTION OF SECTION 18 TWN 49 RNG 26 E PARCEL No.75020000028 I ' H I I I N7S I i i s, STRATFORD PLACE r E. I (PB 40, PG 17) r i I ° I 1 I I a II I E_,I S I4529'36" E 35.36' I I N 89'30'24" E r PARCEL IOf/ RDUE 26.00' ,/ -- - -- I I I i II In I W I d ANDALUCIA ' M o cOo N STRATFORD LANE ' n' 0 �° TRACT "A" I 1 0 z m 0 S 89'3Q'24" W- -- O 26.00 Ra.,, I S 44'30'24" W 35.36' P.O.B. ' TE - ROW TRACT "J" JUN 1 5 2020 I ' 1 I I I LEGEND: RDUE — ROADWAY DRAINAGE UTILITY EASEMENT P.O.B. — POINT OF BEGINNING I 1 • I I I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THIS MAP IS NOT VALID WITHOUT NE SIGNATURE AND RAISED SEAL OF NE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY. PSM /,, �j����/� �j FLORIDAORCO REGISTRATION No, 6557 5i / �/(: ` 44G2 FOR COWER COUNTY Cv/ DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 107 RDUE TRANSPORTATION ENGINEERING DIVISION eeea enm(®9asnms DIeU ((.p„e,ROMA aaw WOO ew-e(ea DATE I PROJ No. (SHEET 1 of 2 FILE: 1 6 B 1 ... SURVEY *** IBtT °\TI4 THIS IS NOT A F.XH � PARCEL 107 RDUE pager-°�—�"" DESCRIPTION A PORTION OF SECTION 18 TWN 49 RNG 26 E PARCEL No.75020000028 DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 18,TOWNSHIP 49 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF TRACT"A"OF STRATFORD PLACE,AS RECORDED IN PLAT BOOK 40,PAGE 17 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N 00°29'36"W ALONG THE EASTERLY RIGHT OF WAY OF WHIPPOORWILL LANE OF A DISTANCE OF 140.00'; THENCE S 45°29'36"E A DISTANCE OF 35.36'; THENCE N 89°30'24"E A DISTANCE OF 26.00'; THENCE S 00°29'36"E A DISTANCE OF 90.00'; THENCE S 89°30'24" W A DISTANCE OF 26.00'; THENCE S 44°30'24"W A DISTANCE OF 35.36'; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 5215 SQUARE FEET,0.120 ACRES MORE OR LESS. BASIS OF BEARINGS:SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 18 BEARS N 89°34'58"E. TE - ROW JUN 15 2020 I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052. FLORIDA THIS MAP IS NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF THE ORIGINFLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION No. 6557 DAT COLLIER COUNTY �/`/2��'�/// 6"Z/ZGGv DATE SIGNED_ (J BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 107 RDUE TRANSPORTATION ENGINEERING DIVISION MU RO M 403031140131 LMt NOM n/MM 04404 corn Mw-«w DATE J PROJ No. JSHEET 2 of 2 FILE: 1 6 B 1 **R THIS IS NOT A SURVEY +•• EXHIBIT-A-. /--- PARCEL 107 SKETCHTCE P age 0f --- A PORTION OF SECTION 18 TWN 49 RNG 26 E PARCEL No.75020000028 _____i,j ii __ __ __ _I__ ,-- I I I 1 I _J WU * STRATFORD PLACE 7 E.., (PB 40, PG 17) I U I I S 89'30'24" W I I / 86.86' PARC L 1C17 ANDALUCIA I // _��0 STRATFORD Z I ' o LANE o I ! O.B. O NiO I CD O W Q N 891.30'24" E ' TRACT "A" I I 51.00' m W � N 89 (24"'E '\±1 00'29'36" W 86.86' 25.00' I 1 '4 P.O.C. I f O , I TRACT " "J a TE — ROW x I I JUN 1 5 2020 I 1 LEGEND: I T.C.E. - TEMPORARY CONSTRUCTION EASEMENT 1 P.O.C. - POINT OF COMMENCEMENT P.O.B. - POINT OF BEGINNING i I . I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THIS MAP IS NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF THE ORIGINFLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDAOR REGISTRATION No. 6557 "%eapA. (/�FOR COLDER COUNTY i (J /Z cZD DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 107 TCE TRANSPORTATION ENGINEERING DIVISION XANZ.PIM=54104 OM)wub,p DATE I PROJ No. ISHEET 1 of 2 IFILE: I 6 B ••• THIS IS NOT A SURVEY ••« n+g'T PARCEL TCE SKETCH SKETCC HJ�— A PORTION OF SECTION 18 TWN 49 RNG 26 E PARCEL No.75020000028 DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 18,TOWNSHIP 49 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF TRACT"A"OF STRATFORD PLACE,AS RECORDED IN PLAT BOOK 40,PAGE 17 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N 00°29'36" W ALONG THE EASTERN RIGHT OF WAY OF WHIPPOORWILL LANE OF A DISTANCE OF 25.0' THENCE N 89°30'24"E A DISTANCE OF 51.00'TO THE POINT OF BEGINNING; THENCE CONTINUE N 89°30'24"E A DISTANCE OF 86.86' THENCE N 00°29'36" W A DISTANCE OF 90.00'; THENCE S 89°30'24"W A DISTANCE OF 86.86' THENCE S 00°29'36"E A DISTANCE OF 90.00'; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 7817.40 SQUARE FEET,0.18 ACRES MORE OR LESS. BASIS OF BEARINGS:SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 18 BEARS N 89°34'58"E. ETE - ROW ~ JUN152020 I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF THIS MAP IS NOT VALID THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THISAMAPE AND RAISEDVA SEAL WITHOUTOT THE ORIGINAL ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES.SIG FLORIDA LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION No. 6557 FOR /6 CSGNE COUNTY i?` U``��V((!1 ��2Q ZC7 DATE SIGNED: CJ BOARD OF COUNTY COMMISSIONERS TIC COI T.WR COUNTY, FLORIDA PARCEL 107 TCE TRANSPORTATION ENGINEERING DIVISION uee SOUTH x°m®O1 Suva rum.FLORIDA 14161(eA)sas-eue DATE I PROJ No. (SHEET 2 of 2 ]FILE: 166 1 .•• THIS IS NOT A SURVEY •*• PARCEL 105 RDUE EXHIBIT SKETCH A PORTION OF SECTION 18 TWN 49 RNG 26 E Page.-1....of p if PARCEL No.22150000200 I I I I I t ' I t J I S as•36'4o" W I -- -- I 8.78' I NTS t S 00'23'20` E 50.00' N I00.23'20" w STRATFORD LANE .00' I PARCEL 105 RDUE f J N B9'36.40" E 8.78' rxi P.O.B. I , I ANDALUCIA I TRACT"P-3" I I (PB 43 PG 97) I I I I C O 0 r14 I I a H IN I I, , I I I I I I t , LEGEND: RDUE — ROADWAY DRAINAGE UTILITY EASEMENT t I P.O.C. — POINT OF COMMENCEMENT I P.0.8. — POINT OF BEGINNING P.O.C.--\\. TE - ROW t I JUN 1 5 2020 AVIANO I I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THIS MAP IS NOT VAUD 4MTHOUT THE SIGNATURE AND RAISED SEAL OF THE ORIGINFLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION No. 6557 /� g FOR COLDER COUNTY `�Qf 2�f.� `2/ZOZ4 DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 105 RDUE TRANSPORTATION ENGINEERING DIVISION W6 MUTH)IO22.211161 fl MAP=now=34104(11h ex-Ina DATE I PROJ No. (SHEET 1 of 2 IFILE: i6B 1 ••• THIS IS NOT A SURVEY *** EXHIBIT PARCEL 105 RDUE CAI G DESCRIPTION Page.,.. Lof ie/ A PORTION OF SECTION 18 TWN 49 RNG 26 E PARCEL No.22150000200 DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 18,TOWNSHIP 49 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF TRACT"P-3"OF ANDALUCIA,AS RECORDED IN PLAT BOOK 43,PAGE 97 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N 00'23'20"W A DISTANCE OF 430.79'ALONG THE EASTERN LINE OF SAID TRACT TO THE POINT OF BEGINNING; THENCE CONTINUE N 00°23'20"W A DISTANCE OF 50.00'ALONG SAID LINE; THENCE S 89°36'40"W A DISTANCE OF 8.78'; THENCE S 00°23'20"E A DISTANCE OF 50.00'; THENCE N 89°36'40"E A DISTANCE OF 8.78';WHICH IS THE POINT OF BEGINNING; HAVING AN AREA OF 439 SQUARE FEET,0.010 ACRES MORE OR LESS. BASIS OF BEARINGS:NORTH-SOUTH QUARTER SECTION LINE OF SECTION 18 BEARS N 00°23'20"W. TE - ROW JUN 15 2020 I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF THIS IS NOT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17,050 THROUGH .052, FLORIDA THIS MAPAPE AND VAUDED SEAL WITHOUTOT THE ORIGINA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. SIGLORIDA UCENSED SURVEYOR AND MAPPER. MARK D. McCLEARY. PSM FLORIDA REGISTRATION No. 8557 FOROR COWER COUNTY G!%vvvl pr/(/my 6// � e/L4 DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 105 RDUE TRANSPORTATION ENGINEERING DIVISION MG MITI 1m1®0,DWI NOM,m,mI yIa cnn sat-ease DATE ) PROJ No. !SHEET 2 of 2 FILE 1 6 B 1 EXHIBIT � — •.. THIS IS NOT A SURVEY 41" O j '— PARCEL 105 TCE Page_i__ 1 SKETCH A PORTION OF SECTION 18 TWN 49 RNG 26 E PARCEL No.22150000200 I S 89'36'40" W , I I I ( 25.00 I I I I I N 89'36'40" E I I I -- 11 N 00'23'20" W Nr: 2E.00' t S 00'23'20" E I 100.00' N 00623'20" W STRATFORD LANE 5 .00' PARCEL 105 N00'23'2 " W — _—I S 89'36'40" W A 2 00' 8.78' N 89'36'40" E I I 25.00 P.O.B. I , t c a III I , N O, I a O i I ( . TE - ROW I a '~ JUN 1 5 2020 I I I , � i LEGEND: I T.C.E. — TEMPORARY CONSTRUCTION EASEMENT P.O.C. i ' P.O.C. — POINT OF COMMENCEMENT __ __ __ __ __ __ I P.O.B. — POINT OF BEGINNING AVIAN° 1 I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THIS MAP IS NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF THE ORIGINFLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. • LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM ,f FLORIDA REGISTRATION No. 6557���r,�%VV' 17/4/1 // / FOR COLLIER COUNTY O DATE SIGNED: ZOZO BOARD OF COUNTY COMMISSIONERS TITLE COILTER COUNTY, FLORIDA PARCEL 105 TCE TRANSPORTATION ENGINEERING DIVISION ias6 SOUR(HOR1®NO!MR NOUS.FLORIDA 5It04 WHO fm-Aitz DATE I PROJ No. (SHEET 1 of 2 FILE: 1 6 B 1 EXHIBIT "• THIS IS NOT A SURVEY "+ page _Laf._LL._ PARCEL 105 TCE DESCRIPTION A PORTION OF SECTION 18 TWN 49 RNG 26 E PARCEL No.22150000200 DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 18,TOWNSHIP 49 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF TRACT"P-3"OF ANDALUCIA,AS RECORDED IN PLAT BOOK 43,PAGE 97 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N 00°23'20"W A DISTANCE OF 405.79'ALONG THE EASTERN LINE OF SAID TRACT TO THE POINT OF BEGINNING; THENCE CONTINUE N 00°23'20"W A DISTANCE OF 25.00'ALONG SAID LINE; THENCE S 89°36'40"W A DISTANCE OF 8.78'; THENCE N 00°23'20"W A DISTANCE OF 50.00'; THENCE N 89°36'40"E A DISTANCE OF 8.78'; THENCE N 00°23'20"W A DISTANCE OF 25.00' THENCE S 89°36'40"W A DISTANCE OF 25.00'; THENCE S 00°23'20" E A DISTANCE OF 100.00'; THENCE N 89°36'40"E A DISTANCE OF 25.00';WHICH IS THE POINT OF BEGINNING; HAVING AN AREA OF 2061 SQUARE FEET,0.048 ACRES MORE OR LESS. BASIS OF BEARINGS:NORTH-SOUTH QUARTER SECTION LINE OF SECTION 18 BEARS N 00°23'20"W. TE - Row JUN 15 2020 I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF THIS IS NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA SIGNATURE IMAP AND RAISEDVAU SEAL UTOF THE ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. FLORIDA LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION No. 6557 FOR COWER COUNTY /' //�f DATE SIGNED: v�� "1V/BOARD OF COUNTY COILLE SNIONER3 TITLE COLLIER COUNTY, FLORIDA PARCEL 105 TCE TRANSPORTATION ENGINEERING DIVISION Mai MOM Ittoltiliffett DMZ Iowa,.Iowa wsa(NO)f o-hM DATE I PROJ No. 'SHEET 2 of 2 FILE: 16B 1 *"• THIS IS NOT A SURVEY "•• EXHIBIT PARCEL 111 RDUE i SKETCH Pa �.of ge,L A PORTION OF SECTION 18 TWN 49 RNG 26 E PARCEL No.22150000226 I i I I I I 1 I I NTS I I f I ANDALUCIA I TRACT"B" I I (PB 43 PG 95) I 1 S 44'34'38" • I 22.62' I N 00'25'45" IW 16.00' S 89'35'43" W __ - 10.00'- I I PARCEL 111 RDUE L ___ P.O.B. U' I NIGHTHAWK DRIVE ANDALUCIA WAY 0 09 o In O O m Z W N 8915'43.• 26.00 I O ANDALUCIA 0 TRACT"C" (PB 43 PO 95) TE - ROW LEGEND: I I 1 JUN 1 5 2020 I 1 RDUE - ROADWAY DRAINAGE UTILITY EASEMENT P.O.B. - POINT OF BEGINNING I I I I I I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THIS MAP IS NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF THE ORIGINAL ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION No. 6557 `l///t l si �FOR COLLIERCOUNTY 27f DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 111 RDUE TRANSPORTATION BNGINEBRING DIVISION 0006 DOUR tloLIM11101 MITE 1UPu1,MAIM 64161 Mq 11611-itit DATE PROD No. 'SHEET 1 of 2 FILE: 1 68 1 .aR THIS IS NOT A SURVEY «f EXHIBIT A PARCEL 111 RDUE page,,,Z_of ,_ DESCRIPTION A PORTION OF SECTION I8 TWN 49 RNG 26 E PARCEL No.22150000226 DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 18,TOWNSHIP 49 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRACT"B"OF ANDALUCIA,AS RECORDED IN PLAT BOOK 43,PAGE 95 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. THENCE N 00°25'45"W A DISTANCE OF 16.00'ALONG WESTERN RIGHT OF WAY OF WHIPPOORWILL LANE; THENCE S 44°34'38"W A DISTANCE OF 22.62'; THENCE S 89°35'43"W A DISTANCE OF 10.00'ALONG THE NORTHERN RIGHT OF WAY LINE OF ANDULUCIA WAY PER SAID PLAT; THENCE S 00°25'45"E A DISTANCE OF 80.00'; THENCE N 89°35'43"E A DISTANCE OF 26.00'; THENCE N 00°25'45"W A DISTANCE OF 80.00';WHICH IS THE POINT OF BEGINNING; HAVING AN AREA OF 2208 SQUARE FEET,0.05 ACRES MORE OR LESS. BASIS OF BEARINGS:NORTH-SOUTH QUARTER SECTION LINE OF SECTION 18 BEARS N 00°25'45"W. TE - ROW JUN 15 2020 I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF THIS MAP IS NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA SIGNATURE MPAND RAISED SEAL UTOF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSMFLORIDA �1 OR COLLIER COUNTY No. 6557 �� v .40 i.J26) DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 111 RDUE TRANSPORTATION ENGINK RI NG DIVISION U.S sous NEB®m iU! wpm=mu 51104 Nu)S u-MM DATE I PROJ No. ISHEET 2 of 2 JFILE: li 1 6 B 1 ••' THIS IS NOT A SURVEY •'« EXHIBIT / PARCEL I I 1 TCE SKETCH Page/.of /j A PORTION OF SECTION 18 TWN 49 RNG 26 E PARCEL No.22150000226 ' I I I , I I I I I TA I I1 ANDALUCIA I I TRACT"B" (P8 43 PG 95) I I S 89'35'43" W I 26.00' P.O.B. S 89'35'43" W I I -- 20.00' PARCEL 111 TCE 3 P.O.C. I NIGHTHAWK DRIVE o co o O N 1- 00 -- -- -- -- N 0 a O O I ANDALUCIA WAY m Z a __ __ N 89'35'43" E O 20.00' O , � I � ANDALUCIA TRACT"C" (PB 43 PG 95) I i TE ROW LEGEND: ( 1 JUN 1 5 2020 II� I T.C.E. - TEMPORARY CONSTRUCTION EASEMEI�IT P.O.C. - POINT OF COMMENCEMENT P.O.B. - POINT OF BEGINNING • I , I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THIS MAP IS NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF THE ORIGINAL ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDAORCO REGISTRATION No. 6557 � �/v`/' /n//fir'v``/r /�� 242O FOR RE COUNTY W //6 6 ui [f DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL I I I TCE TRANSPORTATION ENGINEERING DIVISION ewe MUTH MOea•elbe wn MAPIL.runau MUM iced eee-ux DATE ( PROJ No. (SHEET 1 of 2 1FILE: 1 6 B 1 • {r r "•+ THIS IS NOT A SURVEY •** Page_ 4_0f Pi PARCEL 111 TCE DESCRIPTION A PORTION OF SECTION 18 TWN 49 RNG 26 F. PARCEL No.22150000226 DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 18,TOWNSHIP 49 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF TRACT'B"OF ANDALUCIA,AS RECORDED IN PLAT BOOK 43,PAGE 95 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE S 89°35'43"W A DISTANCE OF 26.00'ALONG THE NORTHERN RIGHT OF WAY LINE OF ADULUCIA WAY PER SAID PLAT TO THE POINT OF BEGINNING; THENCE CONTINUE S 89°35'43"W ALONG SAID LINE A DISTANCE OF 20.00'; THENCE S 00°25'45"E A DISTANCE OF 80.00'; THENCE N 89°35'43"E A DISTANCE OF 20.00'; THENCE N 00°25'45"W A DISTANCE OF 80.0';WHICH IS THE POINT OF BEGINNING; HAVING AN ARE OF 1600 SQARE FEET,0.037 ACRES MORE OR LESS. BASIS OF BEARINGS:NORTH-SOUTH QUARTER SECTION LINE OF SECTION 18 BEARS N 00°25'45"W. YTE - ROW JUN 15 2020 I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF THIS MAP IS NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA SIGNATURE AND RAISED SEAL OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM FLORIDA REGISTRATION No. 6557 FOR COWER COUNTY oug 6�Z/ZEZD DATE SIGNED: BOARD OF COUNTY COM)iISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 111 TCE TRANSPORTATION ENCINSERING DIVISION wa iome ioumros DIM "A"=7°21111 M'I"fISO gett-°"' _ DATE ( PROJ No. (SHEET 2 of 2 IFlLE: ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP pp TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 L7 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Qec.ord'ng c1/3 Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office SAR) t I 1 I2 4. BCC Office Board of County y ( ) Commissioners oAhp/ P 5. Minutes and Records Clerk of Court's Office 41-) /&/cO aI q;54otwc. PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jay Malamphy Phone Number 8402 Contact/ Department Agenda Date Item was February 23,2010 Agenda Item Number 16B1 Approved by the BCC Type of Document Donation Agreement Number of Original 4 Attached Documents Attached PO number or account number if document is 414-263614-649030-70046.37.5 to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 5 O VC N/A 2. Does the document need to be sent to another agency for additional signatures. If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be TICS by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on February 23,2010 and all changes made during the meeting have been incorporated in the attached document. The County V(/ Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made, and the document is ready for ;:‘ • `► Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16B i INSTR 5995729 OR 5886 PG 2513 RECORDED 2/4/2021 7:49 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$35.50 PROJECT: BASIN 305 Pump Stations PUMP STATION. 309.08 COLIO- 27830840002 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between NAVONA FLORIDA INVESTMENTS I, INC., a Florida corporation (hereinafter referred to as "Owner"). whose mailing address is 2100 Matheson Blvd. E., Suite 200. Mississauga. ON. Canada. L4W5E1CA and 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, (hereinafter referred to as "County"). whose mailing address is 3335 Tamiami Trail East. Suite 101. Naples, Florida 34112. WITNESSETH: WHEREAS. County has requested that Owner convey to the County a perpetual, non- exclusive easement for the purpose of constructing. operating, maintaining, and repairing a pump station and related facilities over. under, upon and across the lands described in Exhibit "A" (hereinafter referred to as "Easement"). which is attached hereto and made a part of this Agreement: WHEREAS, Owner desires to convey the Easement to County for the stated purposes. on the terms and conditions set forth herein: and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes. on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County: and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged. it is agreed by and between the parties as follows: 1. Owner shall convey the Easement to County at no cost to the County. unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property. the execution of such instruments which will remove. release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County. Florida. Owner shall provide such instruments, properly executed. to County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement: provided: however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed. which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County. Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County: that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no 16B 1 knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by County. The cost of a title commitment shall be paid by County. The County shall, at Closing, pay to Owner (or to Owner's selected counsel), the sum of up to $750.00 representing Owner's attorney's fees in connection with this transaction. 7. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 8. Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 9. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes). 10. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year set forth below. DATE ACQUISITION APPROVED BY BCC: % 123 NI° AS TO COUNTY: DATED:p)''' .21 ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk COLLIER COUNTY, FLORIDA,'A-• , GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNIN6 BOARD OF THE COLLIER COUNTY A est as to Chairman s ,De Clerk WATE -S ER DISTRICT %ioa'rdzIre oily: By: ailA18 Penny Taylor,Chairperson (signatures continued on next page) 2 168 1 AS TO OWNER: NAVONA FLORIDA INVESTMENTS I. INC. a Florida corporation WITNESSES By: Bernd D. Abromeit-Kremser. President Wi ss (Stg�atiue} Name: k ,A,,,,---At ,-b r!1 t (Print) At:ii..... c4,,t,,,L.,..„ ,1-611 '•-•--' et Witness (Signature) Name: M)044 - e"i.44,2t.es ;T'.0 Piz /kcovtioe (Print) Approved as to form and legality: Jennife . Bel edio is ant Count y Attorney (,� `g�a��0 3 S • NOTES r / L' .__.l • 1. This is not a survey. 2. No easement search or abstracting was done by the surveyor and note should be taken that this property is subject to any facts that may be revealed under a full and accurate title search. 3. Unless otherwise indicated, all existing easements shown hereon are based on plat. 4. Not other persons or entities other than those listed as exclusive users may rely on this sketch & description. 5. All dimensions are in feet and decimals thereof, unless otherwise noted. 6. Subject to easements, reservations, and restrictions of record. GRAPHIC SCALE 0 5 10 20 DESCRIPTION: Being a portion of Lot 21 of Corporate Square as recorded in Plot Book 14 at ( IN FEET ) Pages 27 and 28, more particularly described as follows: 1 inch = 10 ft. The North 7.55 feet of the South 27.55 feet of the East 30.00 feet of the West 59.22 Feet of Lot 21, of Corporate Square as recorded in Plat Book 14 at Pages 27 and 28 of the Public Records of Collier County, V v Florida. Containing 226.5 square feet LOT 21 CORPORATE SQUAREiv more or less or .005 acres more or less. P.B. 14 PGS. 27-28 ` ` — 59.22' — 30.00' EXISTING 20' DRAINAGE & UTILITY EASEMENT 1 ►v O O S. PROPERTY LINE N. R.O.W. LINE } CORPORATE SQUARE NORTH 60 R/W For the Exclusive Use Of: COLLIER COUNTY BOARD OF COUNTY COMMISIONERS �JEYING SKETCH & DESCRIPTION Digitally signed by LJ i . David J. Hyatt #5834 David J Hyatt PSM —/ _ .' k, A Portion of Lot 21 PSM #5834 Date:2019.05.29 -/ - Corporate Square y 08:51:27-0400 i Ilt� , y Dodd J. H ott, PSM, a � �� z Collier County, Florida Florida License No. 5834 C) Not valid without the signature and ^LIMITED Eae[.ity COMPANY mAP 9 M4RC0 SURVEYING & MAPPING CLIENT. Collier County Board of County Commissioners original seal of the Florida Licensed 3825 BECK BOULEVARD PROJECT Professional Surveyor and Mapper SUITE 725 r P461 SUB PROJECT: PS 309.08 NAPLES, FLORIDA 34114 DRAFTED BY: DATE SCALE WO NUMBER SHEET# DRAWING NO. Certificate of Authorization #7705. (239) 389-0026 i WWW.MARCOSURVEYS.COM CMM 5/2019 1"=10' 17-336 1 of 1 1-113J -. j, i�1 L. , b B i. I NOTES " 1 1 1. This is not a survey. S, 2. No easement search or abstracting was done by the surveyor and note should be taken that this property is subject to any facts that may be revealed under a full and accurate title search. 3. Unless otherwise indicated, all existing easements shown hereon are based on plat. 4. Not other persons or entities other than those listed as exclusive users may rely on this sketch & description. 5. All dimensions are in feet and decimals thereof, unless otherwise noted. 6. Subject to easements, reservations, and restrictions of record. GRAPHIC SCALE 0 5 10 20 DESCRIPTION: Being a portion of Lot 21 of Corporate Square as recorded in Plat Book 14 at Pages 27 and 28, more particularly ( IN FEET ) described as follows: 1 inch = 10 ft. The North 7.55 feet of the South 27.55 feet of the East 30.00 feet of the West 59.22 Feet of Lot 21, of Corporate Square as recorded in Plat Book 14 at Pages 27 and 28 of the Public Records of Collier County, :".1 v Florida. Containing 226.5 square feet LOT 21more or less or .005 acres more or CORPORATE SQUARE I less. P.B. 14 PGS. 27-28 1` - 59.22' 30.00' EXISTING 20' DRAINAGE & UTILITY EASEMENT 1 1 N O O S. PROPERTY LINE 1 N. R.O.W. LINE I CORPORATE SQUARE NORTH 60 R/W For the Exclusive Use Of: COLLIER COUNTY BOARD OF COUNTY COMMISIONERS Jt,YIAlG SKETCH & DESCRIPTION Digitally signed by __``� K . David J. Hyatt DD5avid 834J Hyatt PSM O v ry^ ilt, 3, A Portion of Lot 21 PSM #5834 Date:2019.05.29 Corporate Square 08:51:27-04'00' `A_�111 l H David J. Hyatt, PSM, - z Collier County, Florida Florida License No. 5834 6) Not valid without the signature and A un:TRE)ELIaN.xrr COMPANYMP 9 A41RC0 SURVEYING & MAPPING CLIENT: Collier County Board of County Commissioners Original seal of the Florida Licensed 3825 BECK BOULEVARD PROJECT Professional Surveyor and Mapper SUITE 725 _ l P461 SUB PROJECT: PS 309.08 NAPLES, FLORIDA 34114 DRAFTED BY: DATE SCALE WO NUMBER SHEET/ DRAWING NO. Certificate of Authorization #7705. (239) 389-0026 WWW.MARCOSURVEYS.COM CMM 5/2019 1"=10' 17-336 1 of 1 1-113 J ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents �must �be receivedQ in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Lc'r� S`T Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the dWiment is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Count Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office ` C1-11111 4. BCC Office Board of County Commissioners `yl.� �'a ) 5. Minutes and Records Clerk of Court's Office ` 1 5/31017a-1 a.55I PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vivian Rodriguez Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was 02/23/2010 Reso 2010-39 Agenda Item Number 16B1 Approved by the BCC Type of Document Subordination-Comcast Number of Original Attached Documents Attached 1 PO number or account Must include PGRP: TEC number if document is 333-163653 to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? Q l/ VR 4 2. Does the document need to be sent to another agency for additional signatures? f yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the VR document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/10 and all changes made during VR the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 B 1 Project: 60219 Whippoorwill Lane and Marbella Lakes Drive Connection Parcel: 113RDUE SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this / I day of ,202%, by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"), and COMCAST OF FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a Colorado limited liability company, formally known as COMCAST OF COLORADO/FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a Colorado limited liability company, as successor in interest to COMCAST OF THE SOUTH, INC., a Colorado corporation, whose mailing address is 301 Tower Road, Naples, Florida 34113-8074 (hereinafter referred to as "Utility"). WITNESSETH: WHEREAS, the Utility has an interest in that certain tract or parcel of land lying and being in Collier County, Florida, more particularly described and set forth in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property") as set forth in the Right of Access Agreement recorded in O.R. Book 4078 at Page 1213; and WHEREAS, the County has determined that this Property is suitable and appropriate for road right-of-way, sidewalk, utility, drainage, and maintenance purposes; and WHEREAS, the County's proposed use of the Property for road right-of-way, sidewalk, utility, drainage, and maintenance purposes requires the subordination of the interest in the Property by the Utility to the County; and WHEREAS, the Utility is desirous of consenting to the subordination and the relocation of its facilities within the Property, if necessary; and WHEREAS the County is willing to pay to have the Utility's facilities relocated if necessary, to prevent conflict between the facilities so that the benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Utility and County hereby agree as follows: 1. The Utility hereby subordinates any and all of its interest in the Property (SEE EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors and assigns, for the purpose of constructing, improving, maintaining and operating road right-of-way, sidewalk, utility, drainage and maintenance purposes over, under, through, upon, and/or across said Property, including, but not limited to the claim of interest based upon the following: NATURE OF ENCUMBRANCE DATE RECORDED BOOK, PAGE Right of Access Agreement 07/26/2006 OR: 4078 PG: 1213 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and/or relocate its facilities within and upon the Property in accordance with the County's minimum standards for such facilities. Any construction or relocation of facilities within the Property will be subject to prior approval by the County. If the County requires the Utility to alter, adjust, or relocate its facilities from or within the Property, the County shall give the Utility 90 (ninety) days' written notice to do so and hereby agrees to pay the reasonable cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. INSTR 6055774 OR 5944 PG 996 5 CLERKRECORDED OF THE5/10/2021 CIRCUIT4 04 COUPMRTPAGES AND COMPTROLLER COLLIER COUNTY FLORIDA REC$44 00 16B 1 3. The Utility shall have a reasonable right to enter upon the Property for the purposes outlined in paragraph 2 above, including the right to trim such trees, brush, and growth which may endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 4. The Utility shall repair any damage to the County's facilities resulting from the exercise of its rights as outlined in paragraphs 2 and 3 above. 5. These terms and conditions shall be attached as an addendum to that permit, if any, required by the County for location of the Utility's facilities within the Property. 6. This Agreement shall be assignable only to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: BOARD 0 U TY COMMI NE CRYSTAL K. KINZEL, Clerk COLLIER TY, FLORI A !a BY: ./ - - - - - - - ` � �, t Gs to Ghairmarls � uty`' k ' Chairman signature only, Signed, sealed, and delivered COMCAST OF FLORIDA/MICHIGAN/NEW in our presence as witnesses: MEXICO/PENNSYLVANIA/WASHINGTON, LLC a Colorado limited liability company By: COMCAST CABLE COMMUNICATIONS, LLC WTNE S (Si nature) a Delaware limited liability company, as � � Manager Name: ti: Q1G Cl /- (Print or Type) By: COMCAST HOLDINGS CORPORATION, a / Pennsylvania corporation, as Manager WITNESSSignature) By; ,; Patrick O'Hare Name: • , \ - 1 '�- Region VP (Print or'Type) 168 1 STATE OF -�c.Ng t< _ _ _ COUNTY OF ' v''1._ `A—C'V� e foregoing Subordination of Utility Interests was acknowledged, before me by means of ,physical presence or D online notarization, this /17-h day of % ,2020, �t�by 1' f: " �= C.t' l-+ Ia as 1/4 of COMCAST HOLDINGS, INC., a Delaware corporation, as Manager of COMCAST CABLE COMMUNICATIONS, LLC, a Delaware limited liability company, as Manager of COMCAST OF FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a Colorado limited liability company, on behalf of the corporation and the companies, who is personally known to me or who has produced as identification. (affix notarial seal) f/v_C-,_ ;, (Signature of N6tary Public) 4y.Y r Notary P,iolu:Stat^o!F!or,da , x4 `� Th'res�3 Lynn Martin �)�L SLON L• , l'L LO" /r v c Tk y 'S4lissinn\ 372200 C 3 o �os x,.... 41023 (Print Name of otary Public) NOTARY PUBLIC Serial/Commission # (if any)__ My Commission Expires: Approved as to form and legality: ao Jennifer A. l3elpedio C1 2 Assistant. County Attornc: • 9-0 16B 1 .,11 i i ,...,:...••• 13 / cad`..,::.,,,,,. ••• THIS IS NOT A SURVEY ••• PARCEL 113 RDUE SKETCH A PORTION OF SECTION 18 TWN 49 RNG 26 E \ , r I GUCONDOMINIUMA J 'fD LO U I C. N.I.S. a 49.51' B I N 10"25.50-- W ; 35.00' I / 113 RDUE 7\ Th //, . FPARCEL POB \'�` N 89"35'49" E 2'43'02" E \ ` 21.00' ■■■ ■■■ taw 49.99' _-- - _ _ _. . S 00'25'50" E ANDALUCJA WAY POC -30.00' �S 8 5'49" W N 00°25'S0 1 W 6 uu 30 00 MUI1"I'IIAWK DRIVEI • 7' MARIPOSA a TE- ROW JUN 1 5 2020 ?-', LEGENb: RDUE I`` ROADWAy DRAINAGE UTILITY EASEMENT P.O.C.' - POINT OF COMMENCEMENT P.0.8. POINT OF BEGINNING I CERTIFY IHA T 1HIS MAP WAS h.IADE UNDER MY DIRECTION AND TIiAT IT MEETS THE MINIMUM TECHNJCAL STANDARDS SET FORTH BY"THE BOARD OF 1HIS MAP IS NOT VALID WITHOUT 1HE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CIIAP"fl, .I- 7. QQ IHROUGH.052,FLORIDA SIGNATURE AND RAISED SEAL OF 1HE FLORIDA ADMINISIRATIVE CODE, PURSUAti/0��1 I V 127, FLORIDA STAI\.ITES. LICENSED SURVEYOR AND MAPPER. FLORIDA REGISTRATION N.o6557 L4Ul MARK D. McCLEARY, PSM FOR COLLIER COUNTY //—,"/P40z DATE SIGNED:_ ��,�!{6� _ I30ARD OF COUNTY COMKISSIONERS TITLE COLLIER COUNTY, FLORIDA PARCEL 113 RDU1? TRANSPORTATION BNGINEBRING DMSION UN IOU IWIIO-DIU 1'II JWUB.PUIN114 Y4104(I:NJ IU-I IN IJA 1 I'. PROJ No. SHEET 1 of 2 FILE: 16B 1 : HtUi t.....I • THIS IS NOT A SURVEY••• PARCEL. 113 RDUE DESCRJPTION A PORTION OF SECTION 18 TWN 49 RNG 26 E DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 18,TOWNSHIP 49 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 18. THENCE N 52°43'02"EA DISTANCE OF 49.99' TO A POINT ON THE EASTERN RIGHT OF WAY LINE OF WHIPPOORWILL LANE ALSO THE POINT OF BEGINNING; THENCE N 00°25'50" W ALONG SAID RIGHT OF WAY A DISTANCE OF 35.00'; THENCE S 45°25'01" EA DISTANCE OF 49.5 I'; THENCE N 89°35'49" EA DISTANCE OF 21.00'; THENCE S 00°25'50" EA DISTANCE OF 30.00'; THENCE S 89°35'49" WA DISTANCE OF 56.00'; THENCE N 00°25'50" WA DISTANCE OF 30.00'; WHICH IS THE POINT OF BEGINNING, HAVTNG AN AREA OF 2292.5 SQUARE FEET,0.053 ACRES MORE OR LESS. BASIS OF BEARINGS: WEST RIGHT OF WAY LINE OF 1-75 SOI°48'32" E. TE-ROW JUN I 5 2020 I CERTIFY IHA T THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS IHE MINIMUM TECHNICAL STANDARDS SET FORTH BY IttE BOARD OF THIS MAP IS NOT VALID WITHOUT IHE ORIGINAL PROFESSIONAL LAND SUR'v£YORS IN CHAPTER 5J-17.050 THROUGH.052,FLORIDA SIGNATVRE AND RAISED SEAL OF IHE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027,FLORIDA STATUIES. LICENSED SURVEYOR AND MAPPER. MARI<D.McCLEARY,PSM FLORIDA REGISTRATION No.6557 ' FOR COWER COUNTY � /� /Az/ � DATE SIGNED: BOARD OF COUNTY'COMMISSIONERS TITLE LE COLLIER COUNTY, FLORIDA PARCEL 113 RDUE TIWISPORTATION ENCINEERJNC J>MSION 1116 HAM J1011116111 DIM NAPLII.11.O11D4 IMIM(hp 161-IIN ()A I I. I PROJ No. )SHEE l 2 of 2 1I II.I 160 1 INSTR 6133203 OR 6017 PG 155 PROJECT: BASIN 305 Pump Stations RECORDED 9/24/2021 3:16 PM PAGES 3 PUMP STATION: 308.07 CLERK OF THE CIRCUIT COURT AND COMPTROLLER FOLIO: 61843680008 COLLIER COUNTY FLORIDA REC$27 00 UTILITY EASEMENT ;a��l THIS EASEMENT, made and entered into this or? day of 202 ,, THE SALVATION ARMY, a foreign not for profit corporation, whose mailing address is 1424 N.E. Expressway,N.E.,Atlanta,GA 30329,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, do 3335 Tamiami Trail E, Suite 101,Naples, FL 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.) WI TNESSETH: Grantor,for and in consideration of TEN DOLLARS($10.00)and other valuable consideration paid by the Grantee,the receipt and sufficiency of which is hereby acknowledged,hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege for utility, access and maintenance purposes, on the following described lands located in Collier County,Florida,to wit: See attached Exhibit"A"which is incorporated herein by reference. Subject to easements,restrictions,and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land,excavate,and place or remove materials including,but not limited to,utility lines and pipes, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing,operating,maintaining,and accessing utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easements grar.tcd herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF,the Grantor has caused these presents to be executed the date and year first above written. THE SALVATION ARMY,a foreign not for profit corporation(744 jig ' BY: ` / wITN SrAror. — SIGN & Di Austruberto Flores III Prt,NTJt Tyre NA Finance Secretary P1444/C't/d ES E PRINT O 'E IE THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNT(COMMISSIONERS, PUURSUUANTOTO TH FLORIDARDVISI'ONS OF RESOLUTION NO. 2O/0_3 9' . 2-23-2010 (NOTARY ON NEXT PAGE) * ib8 1 STATE OFI L`(,A/ COUNTY Y OF OF Z The foregoing instru nt was ac nowledged before me by mea s of f I physical presence or❑online notarization this:tday of_ ,! Uwe" ,2925,by irs&rst L$uch person(s) Notary Public must check applicable box: I g iii S 42,eirtra JP— © are personally known to me. 'T� 4A�A A —'v cIOrBS �— ❑ produced her current driver license. ❑ produced as identification. (NotWAJ NE SEARCY 1))ta Zki ,,L L . NOTARY PUBLIC Notary Public FULTON COUNTY,GEORGIA Printed Name of Notary: VIPLLENE SEARCY My Commission Expires Commission Number:_600 e(A 2 a'j- 03-05-2023 My Commission Expires: Approved as to form and legality: r By: �� ��-- .. Jennifer A. elpedio,Assistant my Attorney v a a 1a5 �v toe 1 r N o1 +,_o O N Z N o .-. 7 p p U.� U j. c `° ° ° J O. p v 0 0 a > Q E t - � Nw oao (NI' O 4.4 M 0 caw yp 0 • ., , ° _ o a�o V• �, C t yyybbL. L p yy o gig E S 1 -0 0' y D 4 N ro N ono . $'a 5 E cd pZOLd v h -�� R II H 4• o yCy a _ - O 0 o G) `L p n 333333 m V 0 G e10 °r c�Y 0° °0 - C ci o o x„� a ° F t v o vN O O °$C B .^ ., ° a m N"' °'�`+ O Y L to O P -- '^I 0 L (4 �E v t a,L U O - m `Y— c o`'L ` I Z 6 �'p fA O)O, n O� � co d E d C OOL ?•� � Li- 0 ^k' o E� o � c N Q r). 4 `eaB a 8 .4 $ otni c 20 r C ° y poU �UQD • . 3 cag o, 000 J ° ' 4 icg38 13 ag . o L ` -5Ly, rn•o z p to , I Lo a N ri a I `g °0 0 3 0 a-' O O Lu . tr,PPINQ P. J d Z j N_,N O \' o o _ _.x ° v Q W �= a 42 p p mL,_RU Hv°. ..L.0]°o E /� p I-Li I .8 :48 ki N 2 W3 1 i .... ! ,° I I b r a -.9 - 24O*w i00•� S o IO� r/7- I)[ o hl " 717t•-6£'' SOd gEf 11'8'el 0 3N17 1S3h1 a' g',g W _Z O .P' 04 a1�•o G�.. Z J N q N 0 ...r. V J } 1.. r.. IL. .- v5 u , 2 91.1 I 31� ^c � oa.ao o$�12 via �U' *8$ _i a tua°uo ° >� 4 W Z M > y Q o� ♦ j) l Z � � >czi rp ooff ° \ „ge O I *t Sg2 RU ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1.. County Attorney Office County Attorney Office \A�j t( -0_0) \ 2. BCC Office Board of County Commissioners � t - -a, 3. Minutes and Records Clerk of Court's Office /14Ii PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec Phone Number 239-252-5805 Contact/ Department Agenda Date Item was 0212010 Agenda Item Number 16.BA Approved by the BCC Resolution 2010-39 Type of Document Purchase Agreement Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on_02/23/2010_ and all changes made /A is not during the meeting have been incorporated in the attached document. The County KD option for Attorney's Office has reviewed the changes,if applicable. /� ' line. 9. Initials of attorney verifying that the attached document is the version approved by the A is not BCC,all changes directed by the BCC have been made,and the document is ready for a option for Chairman's signature. , 's line. Please scan under BMR Real Property—50169—Lake Kelly l utfall,P. el 170AE I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 8 1 PROJECT: 50169 - Lake Kelly Outfall PARCEL: 88888 - 170AE FOLIO: 00394520005 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of Oc-4-rDbeR. , 2021, by and between ADAM E. SAMMONS, a single man, and FRANCES E. COFFEE (f/k/a Frances E. Sammons), a married woman, as joint tenants with full rights of survivorship, whose mailing address is 3255 Barrett Avenue, Naples, Florida 34112 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non-exclusive Access Easement without responsibility for maintenance over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS -All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. RESPONSIBILTY FOR MAINTENANCE — County shall have no obligation or responsibility to construct any improvements within the Easement Area. Additionally, County shall have the right, but have no obligation or responsibility to maintain any improvements that are constructed within the Easement area. 3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall convey the Easement to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a properly executed easement instrument) is hereinafter referred to as the "Closing." od0 168 1 Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the Closing Documents, properly executed, witnessed, and notarized where required, in a form acceptable to County. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 5. CURATIVE INSTRUMENTS AND PROCESSING FEES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable costs and/or processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement. County shall have sole discretion as to what constitutes "reasonable costs and/or processing fees." 6. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 7. ENTIRE AGREEMENT - Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. Signatures appear on the following page �dJ 16B 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: to laa 1a ATTEST: ,,. BOARD OF COUNTY COMMISSIONERS CRYSTAL K KI"NZEL, Clerk of the COLLIER 0 TY, FLORIDA Circuit Court &Comptroller _ BY: BY: °11A1.8 L;-)f-din- Deputy ClerkAtte't o PENNY TAYLOR, Chairman signatu. only. AS TO OWNER: DATED: 10122- J2 I Witne Sig ) ADA E. S MONS a 4b bid Nam (P int or Type) s g ure) 1\kpr SL.k INA Name (Print or Type) Witness ignature) FRANCES FFEE NEXT PRE E Name (Print o Typ Witness ( .gnature) Na 'e (Print or Type) Approved as to form and legality: Jennifer A. Belpedio C)CY5 �\ Assistant County Attorney `‘5\ Oa, 6s I IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA Circuit Court & Comptroller B . BY: De. t Clerk PENNY TA R, Chairman AS TO OWNER: _J�' Q rr"- DATED: Witness (Signature) ' M E. SAMMONS Name (Print or Type) Witness (Si. ature) Nam- (Print or Type) /lid Witness (Si ature) FRANCES E. COFFEE âzMJ2ord e nt or Type) Witness (Signature) P-ene iôldr Name (Print or Type) Approved as to form and legality: Jennifer A. Belpedio C \a� Assistant County Attorney `\5 Oy \� 1 J 168 1 SKETCH AND DESCRIPTION OF A PROPOSED ACCESS EASEMENT EXHIBIT"A" PAGE 1 OF 1 A PORTION OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1189 PAGE 1902,ALL IN SECTION 13 TOWNSHIP 50 SOUTH,RANGE 25 EAST,RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ■ BEGINING AT A POINT ON THE NORTH RIGHT-OF-WAY OF BARRETT AVENUE.SAID POINT BEING THE , r SOUTHEAST CORNER OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1189 PAGE 1902 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA AND BEING THE POINT OF BEGINNING;THENCE FIAT ALONG THE NORTH RIGHT-OF-WAY OF BARRETT AVENUE SOUTH 89°48'28"WEST 20.00 FEET;THENCE "FIR"' LEAVING SAID RIGHT-OF-WAY NORTH 00'19'12"WEST 40.00 FEET AND PARALELLTO EAST PROPERTY GRAPHIC SCALE LINE OF SAID PARCEL;THENCE NORTH 89°48'28"EAST 20.00 FEET TO SAID EAST PROPERTY LINE; 0 40 so so THENCE SOUTH 00°19'12"EAST 40.00 FEET ALONG SAID EAST PROPERTY LINE TO THE POINT OF BEGINNING. ( IN FEET ) CONTAINING 800.00 SQUARE FEET 1 inch = 40 ft. 8 1/2 X 14 Not to Scale d$ SOUTH TAMIAMI HEIGHTS ga PLATBODK3PAGE44 O.R.5837 I "i 27 26 PG.1715 0`w 0 ENCHANTING ACRES Ice ce I MOBILE HOME PARK O.R.1189 m ~H O.R.BOOK 1561 PAGE 1886 zW zW O.R.5054 O.R.2748 PG.1902 O.R.5468 .a a PG.3182 PG.3422 20.00 PG.2982 I N O W n. I N 89'48'28"E W s 8 N PR DPOSED 20'X 40' <OSc W 4 0 ACCESS EASEMENT--if, Z Sc IW 2 4 Es :1g o P.O.B. 00•� 6 ,0 gla a N N I TE - ROW / O-}_WOOD POWER S 89'48'28"W POLE 20.00 I SANITARY SEP 3 0 ZOZ1 O.R.596 BARRETT AVENUE MANHOLE PG.1706 (60'RIGHT-OF-WAY) 20'020'UTILITY EASEMENT O.R.1452 PG.202 I I I • O.R.5444 O.R.2669 O.R.5506 PG.2082 PG.2735 PG.2305 — THIS IS NOT A SURVEY PREPARED BY: . - "' -- C } L ct. i .'�r•'\.. THOMAS J.ANDERSON, . .M. FLORIDA SURVEYOR&MAPPER LS 5804 GENERAL NOTES: COLLIER COUNTY SURVEYOR 1.DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. COLLIER COUNTY 2.BEARINGS ARE ASSUMED AND BASED ON THE NORTH RIGHT-OF-WAY OF BARRETT AVENUE BEING SOUTH 89'48'28" Growth Management Department WEST. 3.ABSTRACT NOT REVIEWED. Road Maintenance Division 4.LEGEND 2885 South Horseshoe Drive,Naples Florida 34104 P.O.B.=POINT OF BEGINNING Phone:239-252-8192 Date: SCALE: Project No: File No: 09-28-2021 1"=40' BARRETT AVENUE 21018 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 8 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. -G C*ta **NEW** ROUTING SLIP (X •le, ,k the Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the docum t is already complete wit the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney 2. BCC Office Board of County Commissioners • 3. Minutes and Records Clerk of Court's Office ritti II0 20/ PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Cindy M. Erb Phone Number 239-252-8917 Contact/ Department Agenda Date Item was Agenda Item Number Approved by the BCC ` ) I 0 Zp 1 f1 _3 9 /6' Type of Document Number of Original Attached C' c(t)dvx Documents Attached 1 PO number or account Account: Fund , Cost Center , Object number if document is Code 649030, Project to be recorded 0Le INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? D 2. Does the document need to be sent to another agency for additional signatuks? If yes, _ N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 1 c ,and all changes N/A is not made during the meeting have been incorporated in the attached document. The option for County Attorney's Office has reviewed the changes,if applicable. _ 's line. 9. Initials of attorney verifying that the attached document is the version approved by the co()_, A is not BCC,all changes directed by the BCC have been made,and the document is ready for the . option for Chairman's signature. is line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 B 1 MEMORANDUM DATE: November 3, 2021 TO: Cindy Erb, Sr. Property Acquisition Specialist Facilities Management Department FROM: Martha Vergara, Sr. Deputy Clerk Minutes and Records Department RE: Right of Entry and Gap Affidavit Pelican Bay Sidewalk Improvements Phase 2 (The Club at Pelican Bay, Inc.) Attached per your memo are the originals of the document referenced above, (Items #16B1) approved by the Board of County Commissioners on Tuesday, February 23, 2010. The Board's Minutes and Records Department has retained the original as part of the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachment 6B t Memorandum TO: Minutes & Records FROM: Cindy Erb, Property Acquisition Specialist, Sr., Real Property Management DATE: October 25, 2021 RE: Pelican Bay Sidewalk Improvements Phase 2 — The Club at Pelican Bay, Inc. This item is being accepted by the BCC under Resolution 2010-39 which was approved on February 23, 2010, Agenda Item 16B1. Please attest to Commissioner Taylor's signature as Chair on the Donation Agreement. Once attested, please forward a copy of the Donation Agreement, by email, for my files. Also, please forward the Sidewalk Easement and Corporation Affidavit to the Recording Department for recordation. A recording form is attached. Also, if you receive the original Right of Entry and Gap Affidavit, please forward to my attention for my files. Please contact me if you have any questions or comments at Extension 8917. Thank you! & 6B 1 PROJECT: PB Sidewalk Improvements Phase 2 Parcel No.:66330080006&66674441453 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between THE CLUB AT PELICAN BAY, INC., a Florida not-for-profit corporation, (hereinafter referred to as "Grantor"), whose mailing address is 707 Gulf Park Drive, Naples, FL 34108, and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "Grantee"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH: WHEREAS, Grantee has requested that Grantor convey to the Grantee a perpetual, non- exclusive easement for the purpose of constructing, and maintaining, of a sidewalk upon and across the lands described in Exhibit "A", Exhibit "B", Exhibit "C" and Exhibit "D" hereinafter referred to as the ('Property"),which is attached hereto and made a part of this Agreement; WHEREAS, Grantor desires to convey the Property to Grantee for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Grantor recognizes the benefit to Grantor and desires to convey the Property to the Grantee for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by Grantee; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Grantor shall convey the Property via a Sidewalk Easement to Grantee at no cost to the Grantee, unless otherwise stated herein. 2. Prior to Closing, Grantor shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Grantor shall provide such instruments, properly executed, to Grantee on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Grantee executes this Agreement; provided; however, that Grantee shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Grantee's enjoyment of the Property. 4. Grantor is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. Oa0 168 5. Grantor represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Grantee; that the Grantor has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the Grantee, that the Grantor has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Grantor shall indemnify, defend, save and hold harmless the Grantee against and from, and to reimburse the Grantee with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Grantee by reason or arising out of the breach of Grantor's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The Grantee shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. Grantee shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Grantor. The cost of a title commitment shall be paid by Grantee. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees,whenever the context so requires or admits. 9. Conveyance of the Property by Grantor is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises,warranties, or covenants not contained herein. 10. If the Grantor holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Grantor shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Grantee, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes,whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida Donation Agreement 2 O� 0 IN WITNESS WHEREOF, the has caused these presents to be executed the date and year first above writtert..,j. DATE ACQUISITION 'APPROVED BY BCC: ap.?3\2-�= ► O ! O AS TO GRANTEE 2' ' C teer& ., `\a'n^ `la 1 DATEDA MIEVsj:OV ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit COLL R COUNTY, a political. Subdivision Court and Comptroller of th- St Hof Florida BY Attest as to Cha' eu erk PENNY YLOR, Chair signature only. Approved as to form and legality: ` Jenne r A. Belpedio, A nt County Attorney ?) • � `O AS TO GRANTOR: THE CLUB AT PELICAN, INC., a Florida ;;;;;__) (Signature) not-for-profit corporation Print Name (. 5 l ign ►�/�� 44714 orge Thomas, its Chairman Print Name: cl q�i O( I(/I 1 i ,,,�;F '•,, G%��^ — SHARON RODD `2 7 Notary Public-State of Florida • Commission N GG 145566 J� My Comm.Expires Jan 18,2022 v� .,.`.,,"• Bonded thrughAaticnzl Notary Assn. o �� aehe_,(67 Ok' Donation Agreement J �- lid 1 .: H8lT a °h R. p T. L o (,., 5 K W / NZ V O il 2 s i 6 �e- - Nu z N I 51 �W 66 igli t , , io a m NF' , ^ o C. n NWN . Z2 Pa II 4 Y z a •1Y . 6N p '- g y�z ( = am ao zi J' Q . � aO , z a a, n W aca C.4 m � Q W 33 4 IL'..'! iz<h+ n a' N o �'y$f o ! T iy o aw z fzw Fl..+ f) R vla . 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LEGAL DESCRIPTION SIDEWALK EASEMENT 4 ALL THAT PART OF PARCEL"M",PELICAN BAY UNIT TWO,AS RECORDED IN PLAT BOOK 12, PAGES 74-79,COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL"M",SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF SAID PARCEL"L"AND THE NORTH RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE EAST BOUNDARY OF SAID PARCEL"M"AND THE WEST BOUNDARY OF SAID PARCEL"L"N 23°42'30"W A DISTANCE OF 10.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID BOUNDARIES S 52°18'53"W A DISTANCE OF 22.86 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 107.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°12'06"AN ARC DISTANCE OF 11.58 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2090.58 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°21'26"AN ARC DISTANCE OF 49.52 FEET; THENCE S 57°09'33"W A DISTANCE OF 4.77 FEET TO AN INTERSECTION WITH THE SOUTH BOUNDARY OF SAID PARCEL"M"AND SAID NORTH RIGHT-OF-WAY AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY WHOSE RADIUS POINT BEARS N 26°58'01"W AND HAVING A RADIUS OF 950.00 FEET; THENCE ALONG SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°47'52"AN ARC DISTANCE OF 62.97 FEET; THENCE LEAVING SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-WAY N 57°31'37"E A DISTANCE OF 78.33 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2098.58 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°04'18"AN ARC DISTANCE OF 39.26 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 83.84 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°48'09" AN ARC DISTANCE OF 9.95 FEET; THENCE N 52°18'53" E A DISTANCE OF 24.89 FEET TO AN INTERSECTION WITH SAID EAST AND WEST BOUNDARIES; THENCE ALONG SAID BOUNDARIES S 23°42'30"E A DISTANCE OF 8.24 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 992 SQUARE FEET. REFERENCE ABB DRAWING#I2735-SD3 Page 2 of 2 XHiBIT , 1 6 8 1 Page_or ar � w \°ECIpAti .BAYgO V,E✓ARp A m _ N C2 Cr rn 0 CIlr Q D a C4 n-Om st1 n Nc =c m -;•,'.`.. .____ .-amiso n,:CO m N \2 r2 __ \tc O-m CT pO 1 o 0ocbp z � D rnk-1 1Z - �,_ mt 8 0= DnC 0: - N 2m t NPDmm p o mN 2 41N 2 m F 48mP m m Naw Nr m �rn o AD 9W ,008o I 0r. N �D .0.0.889E2yn 1 ,IS ,..16 C_1 . .8,,,m zNzzz 9 NN JZ _m rn < � 9Uc O m Q,J_ z .2 N>A PmD[i i4 3 V? Or mti ..Oton. u JNpD 00 cobZC L O ONm (Nx= O OOUOD (i c.,m > N N 0 Z -O 0 0 z N f m m m m in f/ s COp• m p.3 v o c pp-�p0g� O Z z n Gm0 Lao r OO A 8�n J N J U a at t 1 > 0.-'.0.0_AAAy rn • • bj. C7 `oat >, CO'o %0 a tp y 7,1 rj f' m°s io i=c �.i; t' ar;ln: Q 9.p..O.. o PER i„ 6}i a■d■■.■■■ A A Ls■...■■ 0 „• 2,., AWN E Lt.N O o 17 !.. � 0.. 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F c n c2 r,,,,* z Z 0 16B 1 7400 Trail Blvd., Suite 200 UMW VIA Naples, Ft. 34108 ■■■■■� PH: ■■■.■U Q, (239) 597 31 1 MOWARBER VC. www.ABBINC.com FilliiiiBRUNDAGE) INC. r0 3en4• ir.a.•.r;,ry)°n:.- LEGAL DESCRIPTION SIDEWALK EASEMENT l0a ALL THAT PART OF PARCEL"M",PELICAN BAY UNIT TWO,AS RECORDED IN PLAT BOOK 12, PAGES 74-79,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL"M",SAID CORNER ALSO BEING THE NORTHWEST CORNER OF CHATEAUMERE,A CONDOMINIUM,AS RECORDED IN OFFICIAL RECORDS BOOK 1016,PAGES 584-586,COLLIER COUNTY, FLORIDA,THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD AND THE BEGINNING OF A NON- TANGENT CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS S 80°04'55" E AND HAVING A RADIUS OF 1140.00 FEET; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL"M"AND SAID EAST RIGHT-OF- WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°04'1 6" AN ARC DISTANCE OF 21.31 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS S 84°56'00" W AND HAVING A RADIUS OF 76.00 FEET; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°25'41"AN ARC DISTANCE OF 21.79 FEET TO AN INTERSECTION WITH THE SOUTH BOUNDARY OF SAID PARCEL"M" AND THE NORTH BOUNDARY OF SAID CHATEAUMERE; THENCE ALONG SAID BOUNDARIES N 74°48'56" W A DISTANCE OF 2.77 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 41 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD9 Page 3 of 5 44 1 68 1 •SssSA 7400 Trail Blvd., Suite 200 '" GNOLI Naples, FL 34108 u■■u■i •uISI. PH. (239) 597.31 1 i ■■Suit ARBER & ..ww.ABBINC.com ■■■R■■i •I$I$UpBRUNDAGE, INC. CrtAcoti d A.�.r•tow.554.454m.tt 1464• 5 LEGAL DESCRIPI ION SIDEWALK EASEMENT 10b ALL THAT PART OF PARCEL"M",PELICAN BAY UNIT TWO,AS RECORDED IN PLAT BOOK 12, PAGES 74-79,COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL"M",SAID CORNER ALSO BEING THE NORTHWEST CORNER OF CHATEAUMERE,A CONDOMINIUM,AS RECORDED IN OFFICIAL RECORDS BOOK 1016,PAGES 584-586,COLLIER COUNTY,FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL"M"AND SAID EAST RIGHT-OF-WAY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS S 80°04'55"E AND HAVING A RADIUS OF 1140.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°00'10"AN ARC DISTANCE OF 99.54 FEET; THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 14°55'15"E A DISTANCE OF 100.87 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 14°55'15"E A DISTANCE OF 38.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS N 61°39'12"W AND HAVING A RADIUS OF 93.00 FEET; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°51'05"AN ARC DISTANCE OF 43.58 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY; THENCE ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 14°55'15"E A DISTANCE OF 39.44 FEET; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY S 75°04'45"E A DISTANCE OF 1.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS S 75°04'45" E AND HAVING A RADIUS OF 99.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°46'10"AN ARC DISTANCE OF 30.70 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 101.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°01'16"AN ARC DISTANCE OF 58.21 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 193.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°00'13"AN ARC DISTANCE OF 33.70 FEET; THENCE N 69°49'52"W A DISTANCE OF 1.00 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 644 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD9 Page 4 of 5 ioa 1 NIP siss��� 7400 Trod Blvd., Suite 200 MUM IINIP GNOLI Naples, FL 34108 ■■■■■6 PH: ■■■■■I (239) 597-31 1 1 ..■..� ARBER & Nww.ABBINC.com ■■■■■■1i ' RUNDAGE, LEGAL DESCRIPTION SIDEWALK EASEMENT 10c ALL THAT PART OF PARCEL"M", PELICAN BAY UNIT TWO,AS RECORDED IN PLAT BOOK 12,PAGES 74-79,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL"M", SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF HYDE PARK,A CONDOMINIUM,AS RECORDED IN OFFICIAL RECORDS BOOK 1023,PAGES 430-503,COLLIER COUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL"M"AND SAID EAST RIGHT-OF- WAY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS N 87°11'48" W AND HAVING A RADIUS OF 1260.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°43'15"AN ARC DISTANCE OF 169.79 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 77°54'10" E AND HAVING A RADIUS OF 33.00 FEET AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°41'07"AN ARC DISTANCE OF 3.85 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 41.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°08'34" AN ARC DISTANCE OF 30.16 FEET; THENCE S 23°21'38" W A DISTANCE OF 34.42 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS N 76°27'52" W AND HAVING A RADIUS OF 1260.00 FEET; THENCE ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°00'42" AN ARC DISTANCE OF 66.23 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 276 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD9 Page 5 of 5 `.9� 168 1 ao = 5 `a $ -g ol; n Nn = i ii • 1p� r)O w N w s Z 'd - F W KW z z. N i I N G } W il : i 0 .J ). V] ti W^OO Z£ m ,�., tjk* vim uN I. a 8 G ors .. .2 { Z < ( —Lo 6 wp wV Z �; �` A W Zo�m�m �sg ti W p �� •�Q W a li h W ig oA5 V !L•V Z Pt' ¢Z VZ� ..3 0'. iV. � °�°' a mat w ~v < aW O- wZz o i 3 > cNr > z �zw gp V] a - cn0 w zZd �" �vw 4$p pg W oto.yo a mSS D cCO o " gN ta~ coyi,my,Q ?k.5IA' i cn LeYt• u ,12$ o c C.) U< UN OOY 3' > 0d, S CI" kgs: 1U.0 z O w w < .y- ZS z co g ,`P' m sf F=-ti 1 " n5 ap aao Cc S Q z ..'N a aogI 0 z'+ u u o U MaI o m 5:S,g`O i a L"4' aaW % o b' W z x ome U -' 5 m io:vi d 0. c ■ •uuu• 9 i ¢ w •u•au•pp. a S�y - f�� A�v3a�` T•it7iLL F Qir_ Ga � -�^ 0 Ff ,am W � ' rn"� _ E.,00a �^ d ��P.1 ^ I-m z o_ N w j 4 •'. . 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W 5 O / U �a a /.. a• zz� .----- 168 1 POOR of ■■�■� 7400 Trail Blvd., Suite 200 ■■■■■ GNOLI Naples, FL 34108 ■■■■■it PH:& 239 ■■■■■' ARBER ( ) 597-31 i I MOWw.ABBINC.com 1111.011111111611 ■■■■ii RUNDAGE, INC, LEGAL DESCRIPTION SIDEWALK EASEMENT I2a ALL THAT PART OF PARCEL"G-C",PELICAN BAY UNIT TWELVE,AS RECORDED IN PLAT BOOK 17,PAGES 83-87,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL"G-C",SAID CORNER ALSO BEING THE NORTHWEST CORNER OF PARCEL"S", PELICAN BAY UNIT THREE,AS RECORDED IN PLAT BOOK 13,PAGE 35,COLLIER COUNTY,FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL"G-C"AND SAID EAST RIGHT- OF-WAY N 25°57'01" W A DISTANCE OF 25.90 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS POINT BEARS S 24°53'10" W AND HAVING A RADIUS OF 21.00 FEET; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 68°06'58" AN ARC DISTANCE OF 24.97 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 13.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°51'33"AN ARC DISTANCE OF 2.69 FEET TO AN INTERSECTION WITH THE SOUTH BOUNDARY OF SAID PARCEL"G-C"AND THE NORTH BOUNDARY OF SAID PARCEL"S"; THENCE ALONG SAID BOUNDARIES S 64°03'32" W A DISTANCE OF 1.04 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 86 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD12 Page 3 of 9 168 1 smossrA 7400 Trod Blvd., Suite 200 iiii� GNOLI Naples, FL 34108 ■....� PH: j•IIau (239 597-3111 ..■..p ARBER & www.ABBINC.com ....■.PBRUNDAGE, INC. ...■... LEGAL DESCRIPTION SIDEWALK EASEMENT 12b ALL THAT PART OF PARCEL"G-C", PELICAN BAY UNIT TWELVE,AS RECORDED IN PLAT BOOK 17,PAGES 83-87,COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL"G-C", SAID CORNER ALSO BEING THE NORTHWEST CORNER OF PARCEL"S",PELICAN BAY UNIT THREE,AS RECORDED IN PLAT BOOK 13, PAGE 35,COLLIER COUNTY,FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL"G-C"AND SAID EAST RIGHT- OF-WAY N 25°57'00"W A DISTANCE OF 104.96 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 25°57'00" W A DISTANCE OF 58.80 FEET; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY S 45°00'00" E A DISTANCE OF 3.06 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS N 64°03'00" E AND HAVING A RADIUS OF 23.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°41'03" AN ARC DISTANCE OF 7.10 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 26.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°32'11"AN ARC DISTANCE OF 7.96 FEET; THENCE S 26°05'52" E A DISTANCE OF 28.19 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 26.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29°43'32"AN ARC DISTANCE OF 13.49 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 158 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD12 Page 4 of 9 _�. 168 Pelmot 471 MU S 7400 Trail Blvd., Suite 200 ' GNOLI Naples, FL 34108 111111111111111611PH: 239) 597-31 1 1 ■:::�"� ARRER & www.ABBINC.com u uUU : RUNDAGE, INC. •N. r..+>.ra..ram.t. LEGAL DESCRIPTION SIDEWALK EASEMENT 12c ALL THAT PART OF PARCEL"G-C", PELICAN BAY UNIT TWELVE,AS RECORDED IN PLAT BOOK 17, PAGES 83-87,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL"G-C",SAID CORNER ALSO BEING THE NORTHWEST CORNER OF PARCEL"S", PELICAN BAY UNIT THREE,AS RECORDED IN PLAT BOOK 13,PAGE 35,COLLIER COUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL"G-C"AND SAID EAST RIGHT- OF-WAY N 25°57'00" W A DISTANCE OF 199.02 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 25°57'00" W A DISTANCE OF 91.49 FEET; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY S 36°42'24" E A DISTANCE OF 14.39 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 51.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°42'27" AN ARC DISTANCE OF 10.42 FEET; THENCE S 24°59'57" E A DISTANCE OF 42.45 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 51.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°28'10" AN ARC DISTANCE OF 5.76 FEET; THENCE S 18°31'47"E A DISTANCE OF 18.97 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 229 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD12 Page 5 of 9 i 6 ii 1 ■■■■■A 7400 Trail Blvd., Suite 200 ■■MOP■■■ GNOLI Naples, FL 34108 ■■■■■� PH: 239 ■■■■■' ARBER & ( ) s97-31 1 1 ■■■■■' www.ABBINC.com ■■■■■■' IZUNI)AGE INC. LEGAL DESC,RI I'(ION SIDEWALK EASEMENT 12d ALL THAT PART OF PARCEL"G-C",PELICAN BAY UNIT TWELVE,AS RECORDED IN PLAT BOOK 17, PAGES 83-87,COLLIER COUNTY,FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL"G-C", SAID CORNER ALSO BEING THE NORTHWEST CORNER OF PARCEL"S", PELICAN BAY UNIT THREE,AS RECORDED IN PLAT BOOK 13,PAGE 35,COLLIER COUNTY,FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL"G-C"AND SAID EAST RIGHT- OF-WAY N 25°57'00" W A DISTANCE OF 339.37 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 25°57'00"W A DISTANCE OF 118.82 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS N 57°11'02" E AND HAVING A RADIUS OF 58.82 FEET; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°21'32" AN ARC DISTANCE OF 11.66 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS POINT BEARS S 48°43'33" W AND HAVING A RADIUS OF 31.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°29'35"AN ARC DISTANCE OF 7.84 FEET; THENCE S 26°46'52" E A DISTANCE OF 72.90 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 51.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°56'21"AN ARC DISTANCE OF 15.08 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 80°58'29" E AND HAVING A RADIUS OF 82.97 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08°27'12"AN ARC DISTANCE OF 12.24 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 415 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD12 Page 6 of 9 r - -. 'Ail Ft 1 b P 1 r"x9* 7 of 9 asamorii 7400 Trail Blvd., Suite 200 ••••• GNOLI Naples, FL 34108 11111113�� PH: (239) 597-31 1 111111111111P ARBER & 'ww.ABBINC.com NTS ••••••• IZUNDAGE, INC. LEGAL DESCRIPTION SIDEWALK EASEMENT 12e ALL THAT PART OF PARCEL"G-C",PELICAN BAY UNIT TWELVE, AS RECORDED IN PLAT BOOK 17, PAGES 83-87,COLLIER COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL"G-C", SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF SAN MARINO IN PELICAN BAY,A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 1591,PAGES 1258-1376,COLLIER COUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL"G-C"AND SAID EAST RIGHT- OF-WAY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 81°11'50" E AND HAVING A RADIUS OF 1065.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°08'50"AN ARC DISTANCE OF 318.73 FEET; THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY S 25°57'00" E A DISTANCE OF 11.10 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS N 60°30'42" E AND HAVING A RADIUS OF 57.40 FEET AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°22'13" AN ARC DISTANCE OF 13.40 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS POINT BEARS S 44°09'33" W AND HAVING A RADIUS OF 31.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°46'55"AN ARC DISTANCE OF 21.52 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 81°01'00" E AND HAVING A RADIUS OF 55.78 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°24'37"AN ARC DISTANCE OF 14.03 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY; THENCE ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 25°57'00" W A DISTANCE OF 48.04 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 101 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD12 Page 7 of 9 1 68 1 7400 Trail Blvd., Suite 200 "▪ "' GNOLI Naples, FL 34108 ■■■■■b •UI..0 PH: (239) 597 31 i 1 ■■■■■p ARBER & Nww.ABBINC.com ■■■■■■b "▪ ""' RUN[AGE, INC. LLC;;\L DESCRIPTION SIDEWALK EASEMENT 12f ALL THAT PART OF PARCEL"G-C",PELICAN BAY UNIT TWELVE,AS RECORDED IN PLAT BOOK 17,PAGES 83-87,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL"G-C", SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF SAN MARINO IN PELICAN BAY,A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 1591,PAGES 1258-1376,COLLIER COUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL"G-C"AND SAID EAST RIGHT- OF-WAY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 81°11'50" E AND HAVING A RADIUS OF 1065.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°15'57"AN ARC DISTANCE OF 190.82 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS S 54°31'15" W AND HAVING A RADIUS OF 51.00 FEET AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°20'21"AN ARC DISTANCE OF 27.90 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT- OF-WAY AND THE BEGINNING OF A COMPOUND CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 69°26'58" E AND HAVING A RADIUS OF 1065.00 FEET; THENCE ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°28'56"AN ARC DISTANCE OF 27.55 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 37 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD12 Page 8 of 9 = 16 i 1111.1111A 7400 Trail Blvd., Suite 200 ""' GNOLI Naples, FL 34108 IURUUl PH: (239) 597 31 1 1 ■■■■■P ARBER & www.ABBINC.com ■■■■■■r MUMRUNDAGE, INC. .•••.•see;.e•.rc•toter.•w.-tws t►3601•t►30a4• 20000670 LEGAL DESCRIPTION SIDEWALK EASEMENT 12g ALL THAT PART OF PARCEL"G-C",PELICAN BAY UNIT TWELVE,AS RECORDED IN PLAT BOOK 17, PAGES 83-87,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL"G-C", SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF SAN MARINO IN PELICAN BAY,A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 1591,PAGES 1258-1376,COLLIER COUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL"G-C"AND SAID EAST RIGHT- OF-WAY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 81°11'50" E AND HAVING A RADIUS OF 1065.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°34'58" AN ARC DISTANCE OF 85.18 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 76°36'42" E A DISTANCE OF 1.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 76°36'53" E AND HAVING A RADIUS OF 43.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°34'31"AN ARC DISTANCE OF 10.19 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 51.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°52'41"AN ARC DISTANCE OF 22.14 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 43.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°34'31"AN ARC DISTANCE OF 10.19 FEET; THENCE S 74°20'31" W A DISTANCE OF 1.00 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 74°20'31" E AND HAVING A RADIUS OF 1065.00 FEET; THENCE ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°16'21"AN ARC DISTANCE OF 42.24 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 94 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD12 Page 9 of 9 _ _. ._.z _ / 2 N , p ZZ .. gQJ ilm E! C� C"` N Q O N p O.1 i 5 O U --� Q U 0 5 1 'O 'fi o�'S n N n C �j 6 w . o / / g■ 6. 0 O W FN . 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N W 04a m O p 2 m�S PELICAN BAY BOULEVARD a r ,_---•—. s,•: l 6 8 1 . •••••' 7400 Trail Blvd., Suite 200 ■■■■■ GNOLI Naples, FL 34108 ■■■■■b ■■■■■11 PH: (239) 597-31 1 1 ■■■■IP A RB ER www.ABBINC.com ■■■■■■'BRUNDAGE, INC. ■■■■■■r Crar<•,..c+At".t • I 1e04•:C2 OO e70 LEGAL DESCRIPTION SIDEWALK EASEMENT 15 ALL THAT PART OF PARCEL"G-C",PELICAN BAY UNIT TWELVE,AS RECORDED IN PLAT BOOK 17,PAGES 83-87,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL"G-C",SAID CORNER ALSO BEING THE NORTHWEST CORNER OF CALAIS IN PELICAN BAY,A CONDOMINIUM,AS RECORDED IN OFFICIAL RECORDS BOOK 1558, PAGES 1715-1812,COLLIER COUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL"G-C"AND SAID EAST RIGHT- OF-WAY N 10°32'58"W A DISTANCE OF 64.52 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 10°32'58" W A DISTANCE OF 136.12 FEET; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 79°27'02" E A DISTANCE OF 1.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 79°27'02" E AND HAVING A RADIUS OF 69.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°32'32"AN ARC DISTANCE OF 12.70 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 50.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°08'50" AN ARC DISTANCE OF 12.35 FEET; THENCE S 07°50'59" E A DISTANCE OF 2.22 FEET; THENCE S 08°45'51" E A DISTANCE OF 36.59 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 69.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°03'46" AN ARC DISTANCE OF 2.48 FEET; THENCE S 10°49'37" E A DISTANCE OF 42.81 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 76.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°15'52" AN ARC DISTANCE OF 3.00 FEET; THENCE S 08°33'45" E A DISTANCE OF 21.74 FEET; THENCE S 12°58'38" W A DISTANCE OF 2.61 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 256 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD13 Page 2 of 2 1 68 1 PROJECT; PB Sidewalk Improvements Phase 2 Parcel No.:66330080006&6 66 74441 45 3 GRANTOR'S NON-FOREIGN, TAXPAYER IDENTIFICATION 8"GAP"AFFIDAVIT The undersigned. George Thomas, as its Chairman, ("Affiant") on behalf of The Club at Pelican Bay, Inc., a Florida not-for-profit corporation. ('`Grantor"), after being duly sworn. deposes and says: 1. Grantor is the fee simple owner and the only owner of the property located in Collier County and described in Exhibit "A". Exhibit "B" Exhibit "C" and Exhibit "D" attached hereto (Property"). 2. Grantor's Legal Name is: The Club at Pelican Bay. Inc., a Florida not-for-profit corporation. 3. Section 1445 of the Internal Revenue Code requires a transferee of a U.S. real property interest to withhold tax if the transferor is a foreign person. For U.S. tax purpose (including Section 1445), the owner of a disregarded entity having legal title to a U.S. real property interest under local law will be the transferor of the property and not the disregarded entity. To inform Collier County. as transferee, that withholding of tax is not required upon disposition the Property. Affiant affirms that the following is true: a. Grantor is not a non-resident alien (if individual) or a foreign corporation, foreign partnership. foreign trust or foreign estate (as those terms are defined by the Internal Revenue Code and Income Tax Regulations.) for purposes of U.S. income taxation b. Grantor's address is: 707 Gulf Park Drive Naples, FL 34108 c. Grantor is not a disregarded entity as defined in s.1.1445-2(b)(2)(iii). (NOTE: A disregarded entity for these purposes means an entity that is disregarded as an entity separate from its owner under s.301.7701-3, a qualified REIT subsidiary as defined in s. 856(i) or a qualified subchapter S subsidiary under s.1361(b)((3)(B). I 5I 4. Grantor's Taxpayer Identification Number is: (/ 7 � 5. For purposes of reporting this Transaction to the Internal Revenue Service on Form 1099-S, the Property is Grantor's (check one) Principal Residence X Other real estate 6. Grantor is in sole constructive or actual possession of the Property and there is no other person or entity that has any possessory right in the Property. 7. Grantor has full authority to convey the Property. 8. There are no existing contracts for sale or mortgage commitments other than those being closed affecting the Property. 1 6 B 9. Grantor knows of no defects in the Property's title and, except for real estate taxes for the current year and those items identified on Exhibit "E" attached hereto, there are no liens, encumbrances, mortgages. claims or demands on or against the Property. 10. There are no unrecorded labor, mechanics'. materialmen's liens or "Notices of Commencement" against the Property; no material has been furnished to or labor performed upon the Property within the past ninety (90) days which has not been paid for in full; no notices to owner have been delivered to or received by the Grantor. 11. There are no bills, liens or assessments for sanitary sewers, paving or other public utilities, or improvements made by any governmental instrumentality, which are now unpaid, against the Property. Further, Grantor acknowledges responsibility for water, sewer and electrical consumption charges through date of closing or occupancy by Grantor, whichever first occurs. If any bills, liens or assessments are found which relate to the period of Grantor's possession, Grantor will pay same upon demand. Grantor shall obtain any release documents needed which relate to bills, liens or assessments not paid at the time of closing. 12. No notice has been received of any public hearing regarding future or pending zoning changes or assessments for improvements by any governmental instrumentality. 13. Grantor knows of no violations of local or state laws or private covenants, restrictions or conditions which pertain to the Property. 14. There are no judgments, orders or decrees which have been entered in any state or federal court against the Property or Grantor, and there are no civil or administrative actions pending against Grantor or which involve the Property in any way, including no action for dissolution of marriage or bankruptcy. 15. The Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local laws, regulations, and ordinances, including environmental laws, and that the Grantor has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property; and that Grantor has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive closing and/or acceptance and is not deemed satisfied by conveyance of title. 16. Grantor shall indemnify, defend and hold Collier County harmless against and from any and all damages, claims, liabilities, actions, expenses, penalties, fines and costs (including attorney's fees and expenses) incurred by or asserted against Collier County by reason of or arising out of the breach of Grantor's representations under Paragraph 15 above, irrespective of whether Affiant was negligent in the making of these representations. This provision shall survive closing and/or acceptance and is not deemed satisfied by conveyance of title. 17. There are no unrecorded deeds, judgments, liens, mortgages, easements or rights of way for users, claims, boundary line or other disputes, or demands of any nature asserted against or affecting the Property. 18. There are no matters pending against Grantor that could give rise to a lien that would attach to the Property, or cause a loss of title, or impair title between the p'T effective date of the title insurance commitment (or title search showing ownership and 1b8 1 encumbrances) and the time of recording of the instruments evidencing the County's fee simple or other interests in the Property; and that Grantor has not executed and will not execute any instrument that would adversely affect the title to the Property from the date of this Affidavit forward. 19. If the conveyance is of fee simple and by purchase, Grantor agrees that in the event the current real and personal property taxes vary in amount from the figures used in making the prorations used in closing the conveyance of the Property to County, then a new proration and a correct and proper adjustment shall be made upon demand. Grantor understands that all taxes, maintenance charges and assessments due from Grantor for which a bill is rendered prior to closing will be charged against Grantor on the closing statement. 20. If the Property is improved property, then Grantor is the owner of said property, and there are no claims, liens, security interests, claims or demands of any kind against the furniture, equipment, fixtures and personal property located on the Property and being sold as part of this transaction. 21. If the subject Property hereto is rental property, Grantor hereby represents that Grantor has paid all sales taxes due to the State of Florida to date and will pay any remaining taxes due in respect to said premises before due and will indemnify and hold harmless Collier County from Grantor's failure to do so. 22. Grantor agrees to fully cooperate with Collier County when necessary to correct an error discovered after closing and, in doing so, to execute, without delay, any corrective instrument(s) needed in order to effectuate the intent of the parties to this transaction. This provision shall survive closing. 23. Grantor understands that this certification may be disclosed to the Internal Revenue Service by Collier County and that any false statements made here could be punished by fine, imprisonment, or both. Grantor further authorizes the submission of this affidavit if and when required. 24. Under penalties of perjury, I, the undersigned affiant, state that I have examined this affidavit and to the best of my knowledge and belief it is true, correct and complete as of the date of execution hereof; that I am authorized to execute this affidavit as or on behalf of Grantor and to bind Grantor thereby; that I will immediately notify Collier County of any change to the representations contained herein and that, in the absence of such notification, Collier County may rely on the representations contained herein on the day of closing; that Grantor intends for Collier County, its agents and attorneys, the title company issuing the title policy (if title insurance is to be issued), its underwriter and its employees, any escrow/settlement agent and other parties and their attorneys participating in this transaction, to rely on these representations, and Grantor will indemnify said parties for all damages, loss, liability, claims, cost and expenses, including attorney fees, which arse cut of or result from their reliance upon these representations, irrespective of whether i was negligent in making these representations or executing this Affidavit. Q 6 A 168 1 / r � THE CLUB AT PELICAN BAY. INC., a Florida wit -;Signature) not-for-profit corporation Print Name �J C% (J L1 / -v\ d— I I. I - S / --).---t-p“-cats y6^*, ss)Signal re, •' GE THOMAS, as its Chairman, Print Name: Ilk*/, a ofigt 4,- STATE OF Mr/ t COUNTY OF deihEr" Sworn to and subscribed before e ymeans of physical presence or El online notarization this /d day of &4 (r✓ , 2021, by George Thomas, as its Chairman on behalf of The Club at Pelican Bay, Inc., a Florida not-for-profit corporation. Such person(s) Notary Public must check applicable box: F: are personally known to me. ❑ produced her current driver license. ❑ produced / as identification. (Notary Seal) 1 lik \., id `— N•tary Public � sraacv ROOD Printed Name of Notary: 8'6-ri 71 CI •., N�.,,yp;rrc-scar=ofF�or'a-. Commission Number:f-��/Slur 6o " Cormsso^`=c1'`"66 Commission r •` My Expires: i /Vo2.a--- 1,`�.„ ° m,ceim• ••vp,,?5 Jan 18 iJ2� •W- --'; r Na;�o a,MUry,155' a . niecrerrro, m @ c.-r `1 7 1 16 8 1 „ I za p m J. ; J ' 0 n I-,1 t -5 'a., Tai a 5 -12 0 a • s s o - _ K Jfi • q x _ • i � O i • Sao i9 p - < ` � ,` ai0.o PN it mi jilt. > 'oRV °:1 __ _ g �._ _ i as ii s 1:<a s va v • ii e• { i4 } AI sJ cmn2to C 6 d Z57aV I I , L$ RR .J_ c_ x� o O.a J co a- t-yVU. = X zn T. zZ3 ! A OO OO x '< U? - O r= p x_ m ' V�..�. ::� J¢ C W i :N s a Oi 8 do. ac^ i a. a. 0 t' 0 E.,' o.nuirr„ S•_ w ¢C r\ - y. p F• O• g- 4 W � t 4EJr4 Z „rrr 0 O. C... 0.. C.)n a / ENV a • R\p pRN i�' _ m Q u-3 ym 8 7. \ _ \ emsRZ,-�^• I re�, O W \ > CO u cc O d w. .o R' t =ti_Iej \\:-. \ u. 7 w \ 2 a \ a U �r � "pl WF- U ^a Cr Cr Q 3•O -+0.: O_i a co0 Q m U W a;n \ CO/ O. \ `.l Q \ U ----"\-- o J W O • ao�r Qa OD Oj m O w o m FlL h z� �0 w ¢tea v Q^ a / U CO d a ▪ OM 7400 Trail Blvd., Suite 200 N OW GNOLI Naples, FL 34108 11111111111.11 ■11aa■ ARBER PH: (239) 597-31 1 I WIMP siaala� :':aa1:BRUNDAGE, IN(�r�r1 no&..irm,l topacc,.,rissotn,v...r on t Iaa.66Apr Az hsita, LEGAL DESCRIPTION SIDE •,ALK EASEMENT 4 ALL THAT PART OF PARCEL "\I", PELICAN BAY UNIT TWO, AS RECORDED IN PLAT BOOK 12, I'\GES 74-79,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL. "\I", SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF SAID PARCEL "L"AND THE NORTH RIGHT-OF-WAY OF PELICAN BAY BOULEVARD: THENCE ALONG THE EAST BOUNDARY OF SAID PARCEL "VI" AND THE WEST BOUNDARY OF SAID PARCEL"L"N 23'42'30" W A DISTANCE OF 10.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID BOUNDARIES S 52'18'53" W A DISTANCE OF 22.86 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 107.00 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL .ANGLE OE 06°12'06" AN ;\RC' DISTANCE OF 11.58 FEET TO THE BEGINNING OF A REVERSE CURVE ('ONC.AVE SOUTHEASTERLY AND HAVING A RADIUS OF 2090.58 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CFNTRAI ANGI F OF 01-21'26" AN ARC DISTANCE OF 49.52 FEET: THENCE S 5'°09'33" W A DISTANCE OF 4.77 FEET TO AN IN TERSECIION WITH THE SOI,.:TH BOUNDARY OF SAID PARCEL "M" AND SAID NORTH RIGHT-OF-WAY .AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY WHOSE RADIUS POINT BEARS N 26'58'01" W AND HAVING A RADIUS OF 950.00 FEET: THENCE ALONG SAID SOUTH BOUNDARY .AND SAID NORTH RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03'47'52" AN ARC DISTANCE OF 6297 FEET; THENCE LEAVING SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-WAY N 57''31'37" E A DISTANCE OF 78.33 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2098.58 FEET: THENCE ALONG THE ARC OF SAID CURVE.THROUGH A CENTRAL. ANGLE OF 01'04'18" AN ARC DISTANCE OF 39.26 FEET TO THE BEGINNING OF.\ REVERSE. CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 83.84 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06'48'09" AN ARC DISTANCE OF 9.95 FEET: THENCE N 52'I8'53" F A DIN"1-A\( I OF 24.89 F FF I TO A\ IN I FRSE(_ I I(tN WI i 11 SAID EAST AND WEST BOUNDARIES: THENCE ALONG SAID BOUNDARIES S 23`42'30" E A DISTANCE OF 8.24 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED CONTAINING A TOTAL AREA OF APPROXIMATELY 992 SQL LARE FEET REFERENCE ABB DRAWING =12-.15-SD; Page 2 of 2 . 6 I Iti4iii��� ., r, ------1 6 8 1 i Z o o PELrCgMggYe pULz✓AQ^ _ J x n r21 7` ` c 7 Ir1 _ J `_` .T O 20 D om = s rnm ' �_ w h 7 > m 2 / an IX O = 11 m In'0,3 nlrl C 'r d S C I r u N 7 m i! i7 il 0 i I p A O,U U C>1 O �.. p_ p r- '•IU N V; Ip N N N A m - Q- EiI4l12Oym. N>I._:�Zrmn _ y D O i o l�U Q>m I.U I U U U C1 N ,71 j __ 0 Z ,•,.,ITv 0ICP o:n rn IFI m m in 'T'' j' -I I - mo1 1 I Ov _ QI 1-1_U 4 in O r Z '% f l- I- Ampoy Z n I41m10 UIOr 18.18,Y 0�Jn rn a al^'la m>z 1 I -71 Jf, _1 , .. � t'a�3b,•,CF',-.. :a n E. io o n: o13.- ."a_ y, *')- 9 O) '' 'PEN~ I93 rr •� m 0 yu `^ O Im^ pin mz J1 Z ° ter,• n II I 9 Gl 5.1 3 - •�•p 33 z: > >y p m9a r>- i f Z 4l _ �$7 co> T o k Z o 3 ?Z>zz 911 F.Ony :p zc NN m r, _rii x r2.1 t C7N2 ?.'£ 9 z >mn Ap E - pp=a:, jWIH5 z Itn 63i zzT> =zm 21 < SSS I z? Z uN Z > i 52 a aii:y _r a D_ O A o rn ; v O�JKU ate_ om� S2 . n r ) 'Z��-'4 - . .v_ Nn>o z- m ' u :: ;No n 5 ' A - _ _- - o a. cCs i fl A • s? PI 11 .!".1z n = 1 u' i' C N m _ _ AG o N r m - N .. 5. G. u 5 .. N al- AO a 4 a S ; 0 .. > r ac:o' - - > 168 1 t; 0 1 EX T "R 1 i oZ � m PELICAN BAY BOULEVARD c 0 i .Io 'nIn , I x 0 >.NI"(A i a n 7. N A m I,zl I I w• �r �D v co o0O0o j I tci1O 2. Nz 00000oN u, 1 I 2 m a a m G)< I cI " Cl 0 0 r r'' _S'4zi el,_ N I w? c-. Ay OF.I-4>--I b'1!> C > Iv 9 O ,I I. o C) ! > i> i -In u) ,al N A N..I 'IT) � \ "3 L:-L L_, \-, `0 z -i T , \ E. S3 - n N, _ ee+=• 7z i ^©ono' 00 �m r,E r- - � > 5. m0 y , I I- 2 N z w y o I 1v> 0o ' vb oM "" o ,4,, z po o _> r� ;n A. O z Dz. zO -jz N isCrn la � A � H .▪ Fa �O za: ' .. 2 .. a C`uXZo Cn > - :)j �E t y En - "' 11,71 Eoa C C -▪'- _-- a 2.y COfi Xmcl-� n i� C - ._� n ii >2 y g=_n cxro t7 > �> i ' ' N s o .^vroc .odA . , ; o 35 .; r G %zZ o - 3y N I N z ( a 9 O JN r^ -, a�— N z J l ^ V ' NN 0.$oO :J x Imn ,ln CNb 168 1 ■��as► 7400 Trail Blvd., Suite 200 111111111'""' GNOLI Naples, FL 34108 ■i1f/h """I PH: (239) 597-31 1 1 ..ti.r ARBER , AiBINC.corn noinutin ::::::: RUNDAGE, INC. IN.(c ,nt!frpmcn, Ije,lvjn Ananenta LEGAL DESCRIPTION SIDEWALK EASEMENT 10a ALL THAT PART OF PARCEL"M". PELICAN BAY UNIT TWO, AS RECORDED IN PLAT BOOK 12, PAGES 74-79,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL"M", SAID CORNER ALSO BEING THE NORTHWEST CORNER OF CHATEAUMERE, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 1016, PAGES 584-586, COLLIER COUNTY, FLORIDA,THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD AND THE BEGINNING OF A NON- TANGENT CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS S 80°04'55" E AND HAVING A RADIUS OF 1140.00 FEET; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL "M" AND SAID FAST RIGHT-OF- WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01'04'16" AN ARC DISTANCE OF 21.31 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS S 84°56'00" W AND HAVING A RADIUS OF 76.00 FEET; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16'25'41" AN ARC DISTANCE OF 21.79 FEET TO AN INTERSECTION WITH THE SOUTH BOUNDARY OF SAID PARCEL"M" AND THE NORTH BOUNDARY OF SAID CHATEAUMERE; THENCE ALONG SAID BOUNDARIES N 74°48'56" W A DISTANCE OF 2.77 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 41 SQUARE FEET. REFERENCE ABB DRAWING 012735-SD9 Page 3 of 5 # -; i b 8 i '111••�AGNOLI 7400 Trail Blvd., Suite 200 UUIIIL Naples, FL 34108 uu'I"BARBER PH: (239) 597-31 I 1 lump ...ABB'NC.c:;n, ■••t•••L i•a•■lPBRUNDAGE, R.•Nii ii.ul},Jr,-nt.ti,11J,n,“.SvntxMs 2b;1 Ikthith'tt LEGAL DESCRIPTION SIDEWALK EASEMENT lOb ALL THAT PART OF PARCEL "M", PELICAN BAY UNIT TWO, AS RECORDED IN PLAT BOOK 12. PAGES 74-79,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL "M", SAID CORNER ALSO BEING THE NORTHWEST CORNER OF CHATEAUMERE, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 1016, PAGES 584-586, COLLIER COI \TY, FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL "M" AND SAID EAST RIGHT-OF-WAY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS S 80'04'55" E AND HAVING A RADIUS OF 1140.00 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05'00'10" AN ARC DISTANCE OF 99.54 FEET; THENCE. CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 14'55'15" F \ DISTANCE OF IOU 87 FEET TO THE POINT r)F BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED: THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 4'55'15' E A DISTANCE OF 38.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE. WESTERLY WHOSE RADIUS POINT BEARS N 61339'12" W AND HAVING A RADIUS OF 93.00 FEET; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26'51'05" AN ARC DISTANCE OF 43.58 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY: THENCE ALONG SAID WEST BOUNDARY .A ND SAID EAST RIGHT-OF-WAY N 14'55'I5" E A DISTANCE OF 39.44 FEET: THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY S 75'04'45" E A DISTANCE OF 1.00 FEET TO THE BEGINNI\C, OF A NON-TANGENT CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS S 75'04'45" E AND HAVING A RADIUS OF 99.00 FEET THENCE ALONG THE ARC OF SAID CURVE THROUGH .A CENTRAL ANGLE OF 17°46'10" AN ARC DISTANCE OF 3ui 70 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING G •\ RADIUS OF 101.00 FEET; THEN( F -AI ONG THE ARC OF SAID CURVE THROUGH A CENTRAI. .A\GI F OF ;3'01'I6" AN ARC DISTANCE OF 58.21 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 193.00 FEET: THENCE .ALONG THE ARC OF SAID CURVE THROUGH ,\ CENTRAL ANGLE OF 10'O0'13" AN ARC DISTANCE OF 33.70 FEET: THENCE N 69'49'52" W A DISTANCE OF 1 00 FEET TO AN INTERSECTION WITH SAID WEST ROUNDAR) AND SAID EAST RIGHT-OF-WAY AND THE POINT OF BEGINNING OF THE PARCH HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 644 SQUARE FEET REFERENCE ABA DRAWING 112735-SD9 Page 4 of 5 168 1 7400 Trail Blvd., Suite 200 NNWGNOLI Naples, FL 34108 ■aaaat. PH: (239) 597-31 i 1 aaaaat. ARBER `'ti mast. � h r h.AgBINCcon� ■aaaraarr :::::::BRUNDAGE, INC. itivlrnxr,ai E r+antrn,P4aan.Sanc)<rs h I.*.i.."c'1""t " LEGAL DESCRIPTION SIDEWALK EASEMENT IOc ALL"I HA I' PART OF PARCEL'`M", PELICAN BAY UNIT TWO,AS RECORDED fN PLAT BOOK 12. PAGES 74-79,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL"M", SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF HYDE PARK,A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 1023, PAGES 430-503, COLLIER COUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD: THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL"M"AND SAID EAST RIGHT-OF- WAY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS N 87°11'48" W AND HAVING A RADIUS OF 1260.00 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°43'15" AN ARC DISTANCE OF 169.79 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 77°54'10" E AND HAVING A RADIUS OF 33.00 FEET AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°41'07" AN ARC DISTANCE OF 3.85 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 41.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°08'34" AN ARC DISTANCE OF 30.16 FEET; THENCE S 23°21'38" W A DISTANCE OF 34.42 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS N 76°27'52" W AND HAVING A RADIUS OF 1260.00 FEET; THENCE ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°00'42" AN ARC DISTANCE OF 66.23 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 276 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD9 Page 5 of 5 1 68 1 I FE O Y Z at p as •y N fj O C ci N • 1 Z ¢V T.o wL W Q rZ y t N I o + 3 E. ¢ O Si • yo :S ZO N Q O2 , - Cl Cu^po 0 yn e., D O< ONa� > n ' I <G <Y ' A p ca z m< 4 f4 —Z--3 Ur '; P W o=aa "5 ae J set Hi 0 =u , wd t - U L6ieri rn e�9wwv << oN� gt.- a ZZ ZZ 2:J P Dp w 0o O orn< til .ttj ¢ e�`t o� i ! I G'y+; . ? ou W W a r o J U V G UN O Y C 0 a VN-IJ a., 12 2 0 N � �� ooW w u Z Z yax J s;=� F-L_ W No <F Sao _ i = C •Y1ni oc W -z JN u5 1 2. C �' :3 bF Z 7 gay ..{�•^y�x , z <a �o 0o a o W P ,MKi2ma U - N n a La „ „ I� °Fa . :1 \ > Q i:Y • < c':j w , le,' E ` 010lrnl \ W F m 2,C4'.�� u^ -- x 1 d ol- ,¢ 1\ ti In 0 I . w 3wlw wood �n�at \\ ¢cj a. al 2 N -.���ni \� al co. 1 W o o.o '"$v �� 2 d U WI I w rin'. LLl 1m& o�I I,y^I^1 Q CL 0) U. L _ •ICJ 1«NO O� 17-I-I�' -1^" [:� 144 chi H V.rn-YI0'' 'I`+I% va U If, z NiN ��Q o old `�s. 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I 'OO mUtV xa Uuuvu 16 / 255' �O - 8O i? - N Vi a a: N 0.1 �• 139 3, 0 9p �} c� -- N 1.c.j W P�OP� 0 '3\-g / _ • 26 A6 g2O W \\B' ti — Iw iic N N. \\ N-I < �' \• N0 1 NI • O \ :.i 331 yo7d. vein a N `II o / W_2On miJ EON \ ;:; r'w'- n 0 p m N� W / N 0 Z Z N D I D O O v I ulg 9 Q aSRI W • IV 1 n 0. c U m 9 V S G f ( O\ W Y T C nx U = u z _ - 2 y1 fin s`• =Z p Da "o °.9 < 2 O j .4y fn -F o? •• a m ,fi O N j'vl > u F u a n z a N2 zY q ' �'� H <� 3 <m. -0 y, Z.e<".o 11111 W ozz :051 -7 < _ Z 1 'AlrI :,aa� as < a � _ z66= _ ,1 co(0 ' 0-, .=,-. 8.-, ;ti, 7' : t 'z o 6Y Ui W U mVE6g, 6i1 Ha d W0 Sa Z .yip ,n 8 m wn io °: •W "IW OOwfr U 4i J m� z n an a ;a ■u''- a C C,; 5 J < F F II_ ' I 2;o N F J'.v0 O' I�,!� < S U ,v W is,mlCI W mIN e N < (V7 pp WFOIN _ O n r -sj W Z 8 O: 9 J I�.g C,v L' ,.- I V W N N W m I1 j.' 'W-j I-' w,. c. I W ZM V W N 1 U. " NO N OB N IZ p O0 W ) \ ( m N i00 ) I a _ cq '. J OI,,0UpNI\ Nf ,^ I Ir ONhh P W�d NDN WI<O N ID IZ�j _ \ WmanJ W yi2Y7�N N � 11b W m^ cc Ud ' I_ =UlUUU \\\ WpJ Z,O n mJJ J Y n N r NI N Q�`-'a O U.1 I V 1 \ Qnry F W OJ"'O O , U-Y1_h d \ m t�0 Y W I �ON O \ Z ^ R N O- i O \,\ Z N U 7 N O!O'O!N ••W I b N,.-� N h 9 M'D >_ A a III, o YlOI U IaIO^ U U ry; G G!I \ U\\\ \ vi Q iC b \ U ) .^!¢ -3J cJ cs c\ c c1 a Z O¢ C, G} o, ANepY 0U`�VARD /j/ „O,W U W E.\.-\° N N C 0 V, P U j 4 m - N V O /, N 1 z '`c 168 1 to:sir 7400 Trail Blvd., Suite 200 ii::Q GNOLI Naples, FL 34108 •ui u PH: (239) 597.31 1 1 :i::.r ARBER & .. .. ...ABBINc.cor, ::::::P RUNDAGE, 1\c. Prvfo.mna:I flirt.ucr,.rLnntn,br.ci.w &IanJ 1pc.ir)i cm LEGAL DES( iP'TION SIDEWALK EASEMEN 112a ALL THAI PART OF PARCEL "G-C", PELICAN BAY UNIT TWELVE, AS RECORDED IN PLAT BOOK 17, PAGES 83-87,COL LIER COUNTY, FLORIDA, BEING MORE. PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWES I CORNER OF SAID PARCEL "G-C SAID CORNER ALSO BEING THE NORTHWEST CORNER OF PARCEL "S", PELICAN BAY L:N'T THREE, AS RECORDED IN PLAT BOOK 13, PAGE 35, COLLIER ( OUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL"G-C" AND SAID EAST RIGHT- OF-WAY N 25°57'01" W A DISTANCE OF 25.90 FEET'TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS POINT BEARS S 24'53.10" W'AND HAVING A RADIUS OF 21.00 FEET; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE. ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 68°06'58" AN ARC DISTANCE OF 24.97 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 13.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1 1°51'33" AN ARC DISTANCE OF 2.69 FEET To Y\ INTERSECTION WITH THE SOUTH BOUNDARY OF SAID PARCEL"G-C" AND THE Ni)RI I1 BOUNDARY OF SAID PARCEL "S": THENCE ALONG SAID BOUNDARIES S 64°03'32" W A DISTANCE OF 1.04 FEET TO : HE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 86 SQUARE FEET. REFERENCE ABB DRAWING 412735-SDI2 Page 3 or 9 _� 1 6 8 1 ■tiatitit 7400 Trail Blvd., Suite 200 minis Gr\OLI Naples, FL 34108 IiUIaarB PH: (239) 597-31 1 1 ARBER «.ABBINC.com 111111111111iirti ■isms! RU1NI)A ..it i1!_.. rn,tc..ixcs:t r j ncrn.Tttt-xr,.Stin tinn.l I anktri,t AJchoctt LEGAL DESCRIPTION SIDEWALK EASEMENT 12b ALL THAT PART OF PARCEL"G-C", PELICAN BAY UNIT TWELVE, AS RECORDED IN PLAT BOOK 17,PAGES 83-87,COLLIER COUNTY, FLORID 4, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL"G-C", SAID CORNER ALSO BEING THE NORTHWEST CORNER OF PARCEL"S", PELICAN BAY UNIT THREE, AS RECORDED IN PLAT BOOK 13, PAGE 35,COLLIER COUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL"G-C''AND SAID EAST RIGHT- OF-WAY N 25°57'00" W A DISTANCE OF 104.96 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 25°57'00" W A DISTANCE OF 58.80 FEET; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY S 45°00'00" E A DISTANCE OF 3.06 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS N 64°03'00" E AND HAVING A RADIUS OF 23.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°41'03" AN ARC DISTANCE OF 7.10 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 26.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°32'1 1" AN ARC DISTANCE OF 7.96 FEET; THENCE S 26°05'52" E A DISTANCE OF 28.19 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 26.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29'43'32" AN ARC DISTANCE OF 13.49 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 158 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD12 Page 4 of 9 immil�r 7400 Trail 81;ci. Suite 200 suss GNOLI 'am, Naples, FL 34108 iiioii ■iiii■ PH: (239) 597-31 1 1 iiiii/ t%RBER �.�a61NC.coR, iiiiiiti iii RUNDAGE, INC. rrok.sumul 1 Newt..PLnnrn,Wrinon\1 sni ivi An haw. LEGAL DESCRIPTION .LK EASEMENT I2c ALL THAlaPART OF PARCEL'G-(_"', PELICAN 13 \\ L_NIT FWELVE, AS RECORDED IN PLAT BOOK .7, PAGES 83-87,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL "G-C". SAID CORNER Al SO BEING THE NORTHWEST CORNER OF PARCEL "S PELICAN BAY I_NIT THREE, AS RECORDED IN PLAT BOOK 13, PAGE 35, COLLIER COUNTY, FLORIDA AND 1 HE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL"G-C' AND SAID EAST RIGHT- OF-WAY N 25°57'00" W A DISTANCE OF 199.02 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 25'57'00" W A DISTANCE OF 91.49 FEET: THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY S 36'42'24" E A DISTANCE OF 14.39 FEET TO THE BEGINNING OF .A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 51.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF I I°42'27" AN ARC DISTANCE OF 10.42 FEET: THENCE S 24°59'57" E A DISTANCE OF 42.45 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 51.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°28'10" AN ARC DISTANCE OF 5.76 FEET: THENCE S 18°31'47" E A DISTANCE OF 18.97 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATEI Y 229 SQUARE FEET. REFERENCE ABB DRAWING #12735-SDI2 Page 5 of 9 ■aaaar 7400 Troil Blvd., Suite 200 `aaaa■asar GNOLI Noptes, FL 34108 aaaaaiB PH: (239) 597-31 1 1 & ABB?NC.ccrn ■bait ::::::301101RUNDAGE, INC. f4ik+a-i!1 r•r-K n.E'Lnntts.Sann,.n\Iamlrapc Ardtrttai• LEGAL DESCRIPTION SIDEWALK EASEMENT I2d ALL THAT PART OF PARCEL"G-C", PELICAN BAY UNIT TWELVE, AS RECORDED IN PLAT BOOK 17, PAGES 83-87, COLLIER COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL"G-C", SAID CORNER ALSO BEING THE NORTHWEST CORNER OF PARCEL"S", PELICAN BAY UNIT THREE, AS RECORDED IN PLAT BOOK 13, PAGE 35,COLLIER COUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL"G-C" AND SAID EAST RIGHT- OF-WAY N 25°57'00" W A DISTANCE OF 339.37 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 25°57'00" W A DISTANCE OF 118.82 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS N 57°11'02" E AND HAVING A RADIUS OF 58.82 FEET; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1 1°21'32" AN ARC DISTANCE OF 11.66 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS POINT BEARS S 48°43'33" W AND HAVING A RADIUS OF 31.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°29'35" AN ARC DISTANCE OF 7.84 FEEL THENCE S 26°46'52" E A DISTANCE OF 72.90 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 51.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°56'21" AN ARC DISTANCE OF 15.08 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 80°58'29" E AND HAVING A RADIUS OF 82.97 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08°27'12"AN ARC DISTANCE OF 12.24 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 415 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD12 Page 6 of 9 ►�,� ;, � 68 1 e r S▪EMIS 7400 Trail Blvd., Suite 200 ■"/anl! GNOLI Naples, FL 34108 /"/""h PH: 239 ""/""I ARBER & c r s97.s111 /•/■■p . . N ABBINC.com /■//■/i """"DRUNDAGE, INC. i4"fcs,.ou I apr,cm,r'_ukc�Sad,a••r.\IsaS.en 1r,h.:c,n LEGAL DESCRIPTION SIDEWALK EASEMENT 12e ALL THAT PART OF PARCEL. "C,-C", PELICAN BAY UNIT TWELVE. AS RECORDED IN PLAT BOOK 17, PAGES 83-87, COLLIER COUNTY, Fl ORID.A, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL"G-C", SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF SAN MARINO EN PELICAN BAY, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 1591, PAGES 1258-1376,COLLIER COUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL "G-C"AND SAID EAST RIGHT- OF-WAY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 81°1 1'50" E AND HAVING A RADIUS OF 1065.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°08'50" AN ARC DISTANCE OF 318.73 FEET; THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY S 25'57'00" E A DISTANCE OF 11.10 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS N 60'30'42" E AND HAVING A RADIUS OF 57.40 FEET AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13'22'13" AN ARC DISTANCE OF 13.40 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS POINT BEARS S 44'09'33" W AND HAVING A RADIUS OF 31.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°46'55" AN ARC DISTANCE OF 21.52 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 81°01'00" C AND HAVING A RADIUS OF 55.78 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF I4'24'37" AN ARC DISTANCE OF 14.03 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY; THENCE ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-W:Al N 25°57'00" W A DISTANCE. OF 48.04 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAININ., A TOTAL AREA OF APPROXIMATELY 1i11 SQUARE FEET. REFEREN''F ABB DRAM,ING z12735-SDI 2 Page 7 of 9 - _ 1681 LIC Novo of 9 ismair 7400 Trail Blvd., Suite 200 iiii� GNOLI Noples, FL 34108 aiiiis3 PH: (239) 597-31 1 1 aaiui ARBER & www.ABBINC.com iiiiiik `:::::: RUNDAGE,itliiii� 14"rcarrt><a!I,;,-:rr..f'a^-c r.,su:.c r,K.S.I saJas,c Arc hence LEGAL DESCRIPTION SIDEWALK EASEMENT 12f ALL THAT PART OF PARCEL"G-C",PELICAN BAY UNIT TWELVE, AS RECORDED IN PLAT BOOK 17, PAGES 83-87,COLLIER COUNTY,FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL"G-C", SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF SAN MARINO IN PELICAN BAY,A CONDOMINIUM. AS RECORDED IN OFFICIAL RECORDS BOOK 1591, PAGES 1258-1376,COLLIER COUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL"G-C"AND SAID EAST RIGHT- OF-WAY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 81°11'50" E AND HAVING A RADIUS OF 1065.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°15'57" AN ARC DISTANCE OF 190.82 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS S 54°31'15" W AND HAVING A RADIUS OF 51.00 FEET AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°20'21" AN ARC DISTANCE OF 27.90 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT- OF-WAY AND THE BEGINNING OF A COMPOUND CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 69°26'58" E AND HAVING A RADIUS OF 1065.00 FEET; THENCE ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°28'56" AN ARC DISTANCE OF 27.55 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 37 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD12 Page 8 of 9 }i a 1 6 8 1 „�P, t "cif t � � 7400 Trail Blvd., Suite 200 ■■■■� GNOLI Naples, FL 34108 ■■■■■14 ■����� PH: (239) 597-31 1 1 UMWARBER & h N N ABBINC.cCm ■■■■■Iin ::`11RUNDAGE, IN(.. Rul... nit I npnccr.,rur..cr..Sunclvr.t lainJri?c.M.ha..n LEGAL DESCRIPTION SIDEWALK EASEMEN'I l2e ALL THAT PART OF PARCEL "G-C•', PELICAN BAY UNIT TWELVE, AS RECORDED IN PLAT BOOK 17, PAGES 83-87, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL -G-C", SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF SAN MARINO IN PELICAN BAY, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 1591, PAGES 1258-1376,COLLIER COUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL "G-C"AND SAID EAS"I RIGHT- OF-WAY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 81°I I'50" E AND HAVING A RADIUS OF 1065.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°34'58" AN ARC DISTANCE OF 85.18 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED: THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 76°36'42" E A DISTANCE OF 1.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 76'36'53" E AND HAVING A RADIUS OF 43.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°34'31" AN ARC DISTANCE OF 10.19 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 51.00 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°52'41" AN ARC DISTANCE OF 22.14 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 43.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF I3'34'3I" AN ARC DISTANCE OF 10.19 FEET: THENCE S 74°20'31" W A DISTANCE OF 1.00 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 74'20'3I ' E AND HAVING A RADIUS OF 1065.00 FEET; THENCE ALONG SAID WEST BOUNDARI ,AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02'16'21" AN ARC DISTANCE OF 42.24 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 94 SQUARE FFFT REFERENCE ABB DRAWING 12735-SD12 Page 9 of 9 s. JJ rn p ; o I y . a S ° > a n Nz w m O O G V W V G x J m Z C. a 11 m G a ES Z 2 Z y r m , . 0 e 4 O, °8 �y oa"-°m n?gg n u+ o vl yr m 8 .•3 .�-• I" 9 a E.q o m •n Oi mm aco g z1 1 ,i « Q c a 3. �—Z�—i w m74 wg w E Fr z=i^m s6 W ✓� o mmm x^� Z m 1 zzy_ WO>a' gry z y N a y w wZz f3r 33 �vSn�a H[- i nax a al a: mz GlzI vm Uw "' ` S 1.0 a;=1y a = a dy �aas m6 oaw lZ 'n Ii °8� a° a IN x a w .JO�i < � j W m V 0.1 0 01 �� a:o... i 9 G `a ■u2i, rD1u • V .- N .1 a7.5 ° a�u ••Z4 t11tl Say�;. � / / S O J.w C3.0 aa \ k') d O \ a. U' I i \xualcnz s. • at aNn U \ 2h cHnwa > cA"� Z ¢jAvg rm a \ U 2 En? N WC W I \ JZ1/1 E°"N N o mU Q apaI"a Wvi.�y jZ F-27Zfi mn •I" wwwwwi ¢¢ - - N - ¢m� C wl^ ^ W wWNn.O�<nrn nm ¢ DDi dQv CC CIZaJmbnoQo ¢m i-^v a ?I$$$o m ° \zzv,v,v, in Lu Z J J J J t-J J C...) \ lli \ J >i n 2 O j:1U V UU FI1 IO' _I f C4 1-O J L1 j C."' � 5 \ °: �2�S `4 W 1 56,12 Xn i v �� G1 N x0.}2 F8. u- o ti _ - W W In WS w r U - V V m O a PE�1 AN BAy BOV01 I�ARU a.Ali -- _�' - f_ 1 k. 1 D,, 1 6 B 1 11i//� MVP 11111111111 7400 Trail Blvd., Suite 200 ir Naples, FL 34108 11111,111111 ■SI>•ir PH: (239) 597-31 1 1 newII,BARBER 1X. .vww.ABBINC.com ■RI�AIRh :::::::BRUNDAGE, iTnfcssMKu!Inpnnrs,Rimxr+,Nun pm.t 1 j,wlwapi.4rsA,tpts LEGAL DESCRIPTION SIDEWALK E.ASEMEN-I 15 ALL THAT PART OF PARCEL"G-C", PELICAN BAY UNIT TWELVE, AS RECORDED IN PLAT BOOK 17, PAGES 83-87,COLLIER COUNTY, FLORID\, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL "G-C", SAID CORNER Al S;_) BEING THE NORTHWEST CORNER OF CAI AIS IN PELICAN BAY, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 1558, PAGES 1715-1812, COLLIER COUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD: THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL "G-C" AND SAID EAST RIGHT- OF-WAY N I0°32'58" W A DISTANCE OF 64.52 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED: THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 10°32'58" W A DISTANCE OF 136.12 FEET; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 79°27'02" E A DISTANCE OF 1.00 FEET TO THE BEGINNING OF A NON-TANGENT CI.RVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 79°27'02" F AND HAVING A RADIUS OF 69.00 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CEN"IRAL. ANGLE OF 10°32.'32" AN ARC DISTANCE OF 12.70 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 50.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF I4°08'50" AN ARC DISTANCE OF 12.35 FEET; THENCE S 07'50'59" E A DISTANCE OF 2.22 FEET; THENCE S 08°45'5I" E A DISTANCE OF 36.59 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 69.1)0 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°03'46" AN ARC DISTANCE OF 2.48 FEET: THENCE S 10°49'37" E A DISTANCE OF 42.81 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 76.00 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A (:FNTRAL. ANGLE OF 02 I5'57 \N ARC DISTANCE OF 3.00 FEET: THENCE S 08`33'45" E A DISTANCE OF 2 1.74 FEET, THENCE S I2'58'38" W A DISTANCE OF 2.61 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY AiND THE POINT OF BEGINNING OF THE. PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXI\l.\I ELY 256 SQUARE. FEET REFERENCE ABB DRAWING 4112735-SDI3 Page 2 of 2 166 1 EXHIBIT"E" 1. Declaration of General Protective Covenants for Pelican Bay dated May 7, 1979, and recorded August 8, 1979, in Official Records Book 825, Page 1755; Amendments recorded in Official Records Book 4442, Page 3381, Official Records Book 4995, Page 3545, Official Records Book 5506, Page 2650, Official Records Book 5634, Page 1101, and Official Records Book 5793, Page 610, all of the Public Records of Collier County, Florida. 2. Grant of Drainage Easement from Coral-Ridge-Collier Properties, Inc., a Florida corporation to Collier County, a political subdivision of the State of Florida, dated October 26, 1978, and recorded November 9, 1978, in Official Records Book 781, Page 1228, of the Public Records of Collier County, Florida. 3. Grant of Easement from Kingmark Limited, a Florida limited partnership, and St. Andrews Property Owners Association, Inc., to Westinghouse Communities of Naples, Inc., and The Club of Pelican Bay, Inc., dated April 10, 1986, and recorded April 23, 1986, in Official Records Book 1190, Page 1420, of the Public Records of Collier County, Florida. 4. Grant of Easement from Westinghouse Communities of Naples, Inc., to Pelican Bay Improvement District, dated February 4, 1987, and recorded July 24, 1987, in Official Records Book 1284, Page 1242, of the Public Records of Collier County, Florida. 5. Development Order 77-1 as to Pelican Bay, dated April 19, 1977, and recorded February 26, 1990, in Official Records Book 1507, Page 2291; Amendment recorded in Official Records Book 1507, Page 2314, both of the Public Records of Collier County, Florida. 6. Declaration of Restrictive Covenants and Conditions as set forth in that certain deed dated December 10, 1990, and recorded April 5, 1991 in Official Records Book 1605, Page 224, of the Public Records of Collier County, Florida. 7. Restrictions, conditions, reservations, easements, and other matters contained on the plat of Pelican Bay Unit Two, as recorded in Plat Book 12, Page 74; as affected by resolution recorded in Official Records Book 1016, Page 564, both of the Public Records of Collier County, Florida. 8. Grant of Easement from Isabel Collier Read, William W. Prout and Harold S. Lynton, as Trustees under the Will of Miles Collier, deceased, and Marguerite R. Collie, Norman A. Herren and Georg G. Huntoon, Personal Representatives of the Estate of Barron Collier, Jr., deceased, and Isabel Collier Read and William A. Read, Jr., individually, to The Pelican Bay Improvement District, dated December 14, 1978, and recorded January 10, 1979, in Official Records Book 790, Page 1803, of the Public Records of Collier County, Florida. 9. Grant of Easement from Westinghouse Communities of Naples, Inc., to Pelican Bay Improvement District, dated April 27, 1990. and recorded June 14, 1990, in Official Records Book 1536, Page 1865; Amendment recorded in Official Records Book 1623, Page 763, both of the Public Records of Collier County, Florida. 1 6 8 -1 • 10. Grant of Easement from Westinghouse Communities of Naples, Inc., to Pelican Bay Improvement District, dated April 27, 1990, and recorded June 14, 1990, in Official Records Book 1536, Page 1879, of the Public Records of Collier County, Florida. 11. Agreement for Delivery and Use of Treated Wastewater Effluent for Spray Irrigation by and between The Club of Pelican Bay, Inc., and the Board of County Commissioners of Collier County, Florida, as the Ex-Officio of the Governing Board of Collier County Water-Sewer District, dated August 13, 1996, and recorded August 15, 1996 in Official Records Book 2217, Page 2071, of the Public Records of Collier County, Florida. 12. Grant of Easement from The Club at Pelican Bay, Inc., a Florida not-for-profit corporation, to Sprint-Florida, Incorporated, dated March 24, 1999, and recorded April 26, 1999, in Official Records Book 2539, Page 1539, of the Public Records of Collier County, Florida. 13. Utility Easement from The Club at Pelican Bay, Inc., a Florida not-for-profit corporation, to the Board of County Commissioners of Collier County, Florida, and as the Ex-Officio the Governing Board of the Collier County Water-Sewer District, dated April 4, 2012, and recorded April 20, 2012, in Official Records Book 4788, Page 1847, of the Public Records of Collier County, Florida. 14. Agreement not to Encumber by and between The Northern Trust Company, an Illinois banking corporation, and The Club at Pelican Bay, Inc., a Florida not-for-profit corporation, dated April 30, 2015, and recorded May 6, 2015, in Official Records Book 5148, Page 2034, of the Public Records of Collier County, Florida. 15. Major User Agreement for Delivery and Reuse of Irrigation Quality (IQ) Water by and between The Club of Pelican Bay, Inc., a Florida Not-for-profit corporation, and Collier County Water-Sewer District, dated September 5, 2015, and recorded September 28, 2015, in Official Records Book 5198, Page 745, of the Public Records of Collier County, Florida. 16. Agreement not to Encumber by and between The Northern Trust Company, an Illinois banking corporation, and The Club at Pelican Bay, Inc., a Florida not-for-profit corporation, dated June 20, 2017, and recorded July 17, 2017, in Official Records Book 5416, Page 1433, of the Public Records of Collier County, Florida. 17. Restrictions, conditions, reservations, easements, and other matters contained on the plat of Pelican Bay Unit Twelve, as recorded in Plat Book 17, Page 83, of the Public Records of Collier County, Florida. .. _ 1 6 6 1 PROJECT: PB Sidewalk Improvements Phase 2 Parcel No.:66330080006 8 66674441453 RIGHT OF ENTRY KNOW ALL MEN BY THESE PRESENTS that THE CLUB AT PELICAN BAY, INC.,a Florida not-for-profit corporation, whose mailing address is 707 Gulf Park Drive, Naples, FL 34108, hereinafter known as "Grantor",for and in consideration of Ten Dollars ($10.00) and other valuable consideration to them in hand paid,does hereby grant unto Collier County,a political subdivision,whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112, its successors, assigns, agents, or contractors hereinafter known as"Grantee",the temporary license and right to enter upon the lands of the Grantor, as described on Exhibit "A", which is attached hereto and made a part hereof to remove existing portions of the sidewalk and replace the new sidewalk into a permanent easement adjacent to Grantor's property.Exhibit"B"is a drawing and aerial overlay of the work site area. (Wherever used herein the terms"Grantor and 'Grantee'include all the parties to this instrument and their respective heirs,legal representatives,successors or assigns,regardless of the number and gender in which used,shall be deemed to include any other gender or number as the context or the use thereof may require.( This Property IS NOT Grantor's Homestead ALL RIGHT AND PRIVILEGE herein granted shall remain in full force and effect for a period of one (I) year from the completion of the work and the contractor warranty for the construction has expired. ADDITIONALLY,the rights and interest granted hereunder are conditioned upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use of the lands described in Exhibit"A" and agrees to provide Grantor with advance notice when exercising its rights hereunder. Grantee further agrees that it shall,at the Grantee's cost,repair any surface damage caused to Grantor's property as a result of Grantee's exercise of its rights hereunder. ININ WITNESS WHEREOF, the Grantor has caused these presents to be executed in Grantor's name this it day of �;\-tr NO r ,2021. ( ( /4. THE CLUB AT PELICAN BAY,INC., a Florida ness;Signature))) not-for-profit corporation Print Name 377.3' 4,...,e % -C72to ti,t4,5 eorge Thomas,its Chairman v igrat('u I Print Name: L;~4-«4 V 3 L-i_ STATEOF/ 'Or/d6(.) I COUNTY OF,U//l e' The foregoing Right of Entry was acknowledged before me by means of o physical presence or online notarization this al day of r 2021,by George Thomas.as its Chairman,on behalf of The Club of Pelican Bay,Inc.,a Florida not-for-profit corporate n.who: is personalty known to me: 4;i,::'p"'•, SHARON RODD ( ❑has produced his/her current driver's license:or 1 /?° Notary Public-State of Florida u� Commission GG 145566 C nas produced as id ntificati .. 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Jam,,, . _�•�-, A �• 1110 • " t a y ii , r' ..1, ' Q 'la =1 w ,. - ..:',....., . _.,. . iii\.., 4 .,.";,(:07.-.1i.,,s4., 1111. iv- 1 2‘%-'!Xr".i It! ‘! 1 4.4111.4 w ._F' ,1 t g m z g'x rag n • .• 'w( I °•its'O eau=ia `; , 4. a ill ' aii T.,NIF ' 1 W .I`C g-,), 2°'ilo 1 • • Oil J 4 O m'�.'vioa Foot I ..' t1'y. 110. (. I I te C .,ig NZ � Ar� A a. G I ;Y I i LIao°p <-10 i ` t =, 00'99+SO£ - 7 15 31117h Jici'. INSTR 6155319 OR 6038 PG 1031 16► ® i RECORDED 11/5/2021 11 29 AM PAGES 1 PROJECT: PB Sidewalk Improvements Phase 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER Parcel No.: 66330080006 8 66674441453 COLLIER COUNTY FLORIDA REC$10 00 Corporation Affidavit STATE OF F 1-fiZ QA- COUNTY OF 1C1e-+ Before me, the undersigned authority, personally appeared George Thomas, who being by me first duly sworn, on oath deposes and says that: 1. He is the Chairman on behalf of The Club at Pelican Bay, Inc., a Florida not-for- profit corporation. 2. Said corporation is currently in existence under valid Articles of Incorporation and Bylaws and has not been terminated or dissolved. 3. That he is authorized by the Articles of Incorporation and/or Bylaws to execute deeds, easements and mortgages on behalf of the corporation. and all necessary consents have been obtained. 4. The Corporation is not currently in any bankruptcy proceedings and is not a debtor in bankruptcy. 5. Affiant further states that he is familiar with the nature of an oath and with the penalties as provided by the laws of the State of Florida for falsely swearing to statements made in an instrument of this nature. Affiant further certifies that he has fully read this affidavit and understands its contents. 6. This Affidavit is given to induce Commonwealth Land Title Insurance Company to issue its title policy insuring the contempl ted transaction . C / -)-1431A-t-a-S rge Thomas STATE OF �foriG�4J COUNTY OF &Jiber Sworn wand subscri ed b fore me by means of YKhysical presence or ❑ online notarization this /6 day of ar , 2021. by George Thomas, as its Chairman, on behalf of The Club at Pelican Bay Inc., a Florida not-for-profit corporation Such person(s) Notary Public must check applicable box: ",,,,,,,, [lore personally known to me. • ' ••• ••••. —05,-%, ❑ produced her current driver license. NI �.•' if( . C 0 = ❑ produced as identification. ? � ♦ .�.� t ,J •.',� 457c/1,6 t •• ..(No ail) 1LJl� N tary Public Printed Name of Notary: s \.nCtfir SHARCN RODD ' 0. N,.tary2uni�c-State of.o•ca Commission Number: �= • ' �'I commis5;ong.G'A»66 m liW- ,,:. ,;.' N'vComm.EYoi'esJan'8 2�22 I My Commission Expires: _ ., 4 .. n:.•�r�rroucr ha�icril hoary ass-. I (� '�VC) -V_ On..7 ` • 1 '' 4 INSTR 6155320 OR 6038 PG 1032 PROJECT: PB Sidewalk Improvements Phase 2 RECORDED 11/5/2021 11.29 AM PAGES 20 Parcel No.:66330080006&66674441453 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA DOC@ 70$0 70 REC$171 50 SIDEWALK EASEMENT THIS EASEMENT is made and entered into this 02° day of.ddObe(2021, by THE CLUB AT PELICAN BAY, INC., a Florida not-for-profit corporation, whose mailing address is 707 Gulf Park Drive. Naples, FL 34108, (hereinafter referred to as -Grantor"). and COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3335 Tamiami trail East, Suite 101, Naples, Florida 34112, its successors and assigns (hereinafter referred to as "Grantee"). (wherever used herein the terms "Grantor" and "Grantee' nclude all parties to this instrument and their respective heirs.legal representatives, successors and assigns Grantor and Grantee are used for singular or plural,as the contsIxt requires.) WITNESSETH: - a Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable c) ,deration paid by the Grantee. the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement for the purpd -of construction and maintenance of a sidewalk upon and across the following described lands locoted in Collier County Florida, to wit: See attached Exhibit"A". Exhibit "B" Exhibit "C" and Exhibit "D" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. This Property IS NOT Grantor's Homestead TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land. place, excavate, and remove materials for the purpose of constructing, and maintaining a sidewalk thereon. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in Grantor's name this L D day of C rT t.E, _, 2021. ✓� `�� THE CLUB AT PELICAN BAY, INC., a Florida ness signature,) not-for-profit corporation Print Name 5 741-2 -(4.-ca - - "g^c' GEORGE THOMAS, CHAIRMAN Print Name: _Da�/l aw 64- THIS CONVEYANCE ACCEPTED Elf T ii:_ BOARD OF COUNTY COMMISSIONER',, COLLIER COUNTY FLORIDA, PURSUANT TO THE PROVISIONS OF RESOLUTIQN NO . .Q 1 C .. 3°I 1a31 eI0 .44. )42, I i . .61 168 1, S-17.F_FA rill c.)) CC',NTY pF e-ei l c/ I The foregoing Sidewalk Easement was acknowledged before me by means of a physical presence or online notarization this 'U day of ( ./� , 2021, by George Thomas, as Chairman, on behalf of The Club at Pelican Bay, Inc., a Florida not-for-profit corporation, who: a is personally known to me; ' — I ^';',^•.,, SHARON ROOD I ❑has produced his/her current driver's license;or ` Notary Public-State of Florida ' Commissioni GG 1455K ❑ has produced i as id-ntification. ` per` My Comm,Expires Jan 18,2622 0 / / / as t Banded through National Notary Assn. 0 _ Notary Signature_ AMA L j A I/ Print Name S/ i j '� ,�' • ' •. JZ '1. Commission # (j('yf y66Z4 Exp: 1 /e — J a ;O ipp(o1 ed:4 fa form and legality 's. *, '''., ••JE BELPEDIO, Assistant County Attorney vo Q Exiiii sm a cc t Q 7 In s op;�o oy �a�' N N Y _ ' Z u ti 0 :a �'C a� a-�'iSSi � 7 F .v.C p 3. c cc 3 _ e. en$QY Za �i ' _ t s -_=_'i_z ( ( " , Z 7 'l .R :4 Ossz .4I ea ,j af4 U a;, � s dd\ _ U� y > 3 y z ,— SZ .OF VIct NES'yZ . I aiN _ 1 .. igLi- _ z oin ¢g ,o_Le. a x �E m 37 uW. ca cn n OCy ,� U '. '¢ csr9ud s_v: < Z OZ 103 K • c Z w U Gs`e i �v a s 0 3 y d o ;y a Vl Z W WR 1 1 V F J © a va m O 9 Z y <a `s s rn W < x x ooW ?-': r x 03 O nan i 0 e.5 G ■��_�. z c3, _ .� .� a a I u u a V i d , L JUr O Ot > W w .•i_ U ppa D.n _ Y \ �b b� Z N Q.*4? = H co S • leo 9 Z U 0 cc a a v rn / ( a a i o \, o° w ° ��OdQ Jim ; � I 1 :7"------------------------\ l'':-71' —__L,_. o W o \ ? saaF iWwnomj J Z \ W W m h V T ;�_.� �n r b F_:b! v O. c O 1 -' ry` yr. `� j \" 0,a \ I z•n nlz zn n$�g::-. }h 41 doe \ m Ia ; ,Ur mo ; wa aN a v�o m a Z 1. a., 5 wo r, a m \J Qcc+> U ,) m m J 0 til o H } m 0.. 0 e ' a Um J 4 ci _ 168 1 Pew aaaaa� 11 11111111 a G N O L I 7400 Foil Blvd., Suite 200 aaa" Naples, FL 34108 aaaaai aaaaa� PH: (234) 597-31 1 1 aaaaat ARBER aaaaaat. BIZU ll�GE, INC. 14utn+iooa!Lapocm.Irtmmurn,Suncinn.l'LJ,cj t Arthucct, LEGAL DESCRIPTION SIDEWALK EASEMENT 4 ALL THAT PART OF PARCEL "M". PELICAN BAY UNIT TWO, AS RECORDED IN PLAT BOOK 12, PAGES 74-79,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL. "M", SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF SAID PARCEL"L"AND THE NORTH RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE EAST BOUNDARY OF SAID PARCEL "M"AND THE WEST BOUNDARY OF SAID PARCEL "L"N 23'42'30" W A DISTANCE OF 10.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID BOUNDARIES S 52 I8'53" W A DISTANCE OF 22.86 FEET TO THE. BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 107.00 FEET: THENCE ALONG THE ARC OF SAID CURVE.THROUGH A CENTRAL ANGLE OF 06'12'06" AN ARC DISTANCE OF 11.58 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 209U.58 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF()I '21'26" AN ARC DISTANCE OF 49.52 FEET; THENCE S 57'09'33" W A DIST.ANC'E OE 4.77 FEET TO AN IN IERSEC:TION WITH THE SOUTH BOUNDARY OF SAID PARCEL ";Ai" AND SAID NORTH RIGHT-OF-WAY AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY WHOSE RADIUS POINT BEARS N 26'58'01" W AND HAVING A RADIUS OF 950.00 FFFT: THENCE ALONG SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-WAY \LONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGI E OF 03'47'52" AN ARC DISTANCE OF 62.97 FEET; THENCE LEAVING SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-WAY N 57'31'37" E A DISTANCE OF 78.33 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2098.58 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01'04'I8" AN ARC DISTANCE OF 39.26 FEET TO THE BEGINNING OF:A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 83.84 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH .A CENTRAL ANGLE OF 06'48'09" AN ARC DISTANCE OF 9.95 FEET: THENCE. N 52'18'53" E A DISTANCE OF 24.89 FEET TO AN INTERSECTION WITH SAIL) EAST .AND WEST BOI NDARIES; THENC E ALONG SAID BOUNDARIES S 23'42'30" E A DISTANCE OF 8.24 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA.OF APPROXIMATELY 992 SQUARE FEET. REFERENCE .ABB DRAWING g12735-SD3 Page 2 of 2 10 ; 1 6 8 1 A. -s.-)(iiman. v.„" .....,... pe•pp_./.__•,......2.--__. _ _ _ _ _ __ J n L d _. L ` __ A _ r �_:�� LCAh8AY9pU�EgRG 1 --) ... ; m N'aa — D ▪2 80. .8,5A '' z. T .. 1T �I t _ D w a° a ^ w D c 0-I �.I 03 Om 4�^ • ^c om • z o _ o r i % CO �'. •`O 2 > _ _ 7 Z > _ Z n I q i7 .- 2 I ! >..- '- _ _ L ' - - A a xI s= _ r _ �r - ▪ _ „i = > c - _' -T 217 ; ' _ �� -_I: T i rN _ _ "' "MR T 11 in., /1 PEL:cAN aA'BOULc'/ARp ^n f a - • 2 om A D m` j A�' ICI-U O�_ ~ I I cn C A ; loll, n ^ a Z C JI ..; I T E r- O-- 71 _ slZl r r 2 r I- -i iF I I a a z z - E , n_ x a-+ = a• c _a' - I 'j- 1 _ s7 It.,' , _ Z - = -} I xy 168 1 *24 ma an A 7400 Troll Blvd., Suite 200 issif GNOLI Naples, R. 34108 PH: (239) 597-31 1 "I"IDARBER issss! hh'r A�J . • issii•L BRUt'DAGE, 1Nc_. isssss! En40 Erjmttn,PL,.mas.Sanc}on Sc Ianl.ca't Ahh,tt tt LEGAL DESCRIPTION SIDEWALK EASEMENT 10a ALL THAT PART OF PARCEL"M", PELICAN BAY UNIT TWO, AS RECORDED IN PLAT BOOK 12, PAGES 74-79,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL"M", SAID CORNER ALSO BEING THE NORTHWEST CORNER OF CHATEAUMERE,A CONDOMINIUM,AS RECORDED IN OFFICIAL RECORDS BOOK 1016, PAGES 584-586,COLLIER COUNTY, FLORIDA,THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD AND THE BEGINNING OF A NON- TANGENT CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS S 80°04'55" E AND HAVING A RADIUS OF 1140.00 FEET; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL `'M" AND SAID EAST RIGHT-OF- WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°04'16" AN ARC DISTANCE OF 21.31 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS S 84°56'00" W AND HAVING A RADIUS OF 76.00 FEET: THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°25'41" AN ARC DISTANCE OF 21.79 FEET TO AN INTERSECTION WITH THE SOUTH BOUNDARY OF SAID PARCEL"M" AND THE NORTH BOUNDARY OF SAID CHATEAUMERE; THENCE ALONG SAID BOUNDARIES N 74°48'56" W A DISTANCE OF 2.77 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 41 SQUARE FEET. REFERENCE ABB DRAWING #12735-SD9 Page 3 of 5 :--,A - ia �, 1 1 6 � 1 .dry_1.f:1 I •• • ��� MOH S A nu u r 1 I G N 01_I 7400 Trail Blvd., Suite 200 � Noples, FL 34108 aa3■�aR RBEK PH: (239) 597-31 1 1 ■■ii�.L ::IIII �RUNDAGE, {1oh uond Fnpnnn,Mown,Suncc+s&Imwl+upc Mchanm LEGAL DESCRIPTION SIDEWALK EASEMENT IOb ALL THAT PART OF PARCEL "M", PELICAN BAY UNIT TWO, AS RECORDED IN PLAT BOOK 12, • PAGES 74-79,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL "M". SAID CORNER ALSO BEING THE NORTHWEST CORNER OF CHATEAUMERE, A CONDOMINIUM. AS RECORDED IN OFFICIAL RECORDS BOOK 1016, PAGES 584-586, COLLIER COUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL. "\I" AND SAID EAST RIGHT-OF-WAY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS POIN I BEARS S 80'04'55" E AND HAVING A RADIUS OF 1140.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE DI- 05'00'10" AN ARC DISTANCE OF 99.54 FEET; THENCE CONTI\I NO ALONG SAID WEST BOUNDARY AND SAID FAST RIGHT-OF-WAY N 14°55'15" F A DIST A\CE OF 10)0.87 FEET TO THE POINT OF BEGINNING OF THE PARCEL. HEREIN BEING DESCRIBED: THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 14'55'I5" E A DIST A\CE OF WOO FEET TO THE BEGINNING OF \ NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS N 61'39'12" W AND HAVING A RADIUS OF 93.00 FEET; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC' OF SAID CURVE THROUGH A CENTRAL. ANGLE OF 26'51'05" AN ARC DISTANCE OF 43.58 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY; THENCE ALONG SAID WEST BOUNDARY AND SAID F AST RIGHT-OF-WAY N 14'55'I5" E A DISTANCE OF 39.44 FEET: THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY S 75'04'45" E A DISTANCE OF 1.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS S 75'04'45" L AND HAVING A RADIUS OF 99.00 FEET: THENCE' ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17 46'10" AN ARC DISTANCE OF 30.70 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 101.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33'01'16" AN ARC DISTANCE OF 58.21 FEET TO THE BEGINNING OF A REVERSE CL RVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 193.00 FEET: THENCE ALONG THE ARC'OF SAID CURVE THROUGH A CENTRAL. ANGLE OF lu'00'13" AN ARC DISTANCE OF 33.70 FEET; THENCE N 69°49'52" W A DISTANCE OF 1.00 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED CONTAINING A TOTAL AREA OF APPRO\I'AIA LELY 644 SQUARE- FI L I REFERENCE ABB DRAWING=12735-SD9 Page 4 of 5 0,3 Paw 5 Of_... .— aamsar ' GNOLI 7400 Trail Blvd., Suite 200 I.R.P Naples, FL 34108 ■MMINIi ■a"" PH: (239) 597-31 1 1 ■UI�aIP ARBER .. ...'..ABB;NIC.«m ansamariri :=:::::DRUNDtGE, i4nla.uc.:Fnyncsn,Ft.Sonrim&1 inlxj,.c Arc a is LEGAL DESCRIPTION SIDEWALK EASEMENT 10c ALL THAT PART OF PARCEL"M", PELICAN BAY UNIT TWO,AS RECORDED IN PLAT BOOK 12, PAGES 74-79,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL"M", SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF HYDE PARK,A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 1023, PAGES 430-503, COLLIER COUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL"M"AND SAID EAST RIGHT-OF- WAY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS N 87°1 1'48" W AND HAVING A RADIUS OF 1260.00 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°43'15"AN ARC DISTANCE OF 169.79 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 77°54'10" E AND HAVING A RADIUS OF 33.00 FEET AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°41'07" AN ARC DISTANCE OF 3.85 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 41.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°08'34" AN ARC DISTANCE OF 30.16 FEET; THENCE S 23°2I'38" W A DISTANCE OF 34.42 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS N 76°27'52" W AND HAVING A RADIUS OF 1260.00 FEET; THENCE ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03'00'42" AN ARC DISTANCE OF 66.23 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 276 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD9 Page 5 of 5 IL 4 168 1 "_a '' _=' U -1 U Ilif-J- ? _ _ Z a>_ w �1:� C Q - V7 =F ",d v Z - wz . I Q 1 - '1,-' W .- �.. Z=] n Q 4 Z _ '- {J .r .S'T - = 5 Z - - m C.r Z Z cc4 n = z - - - - _ C — <5 _ J t 1) �i of ,,o'-"... 4'. lJ . f •o_ - Q �.r) zncy I � o —a�',�;iI�;�hi a,.j�� 2 a r—� J ¢ U 1. _� ,.,I iwZof n vI 121c a T ,c a. f_ ¢a mi - ' :� In C QVi.a, rn. I:- il-11: n �Ic a. aN. z �; for Ic a Iu 1P1 9 JI-'- j 1n f :J l-:1 'I- I _ _,..d - _ - wr I Ir;� I . m ti 1� i I !�m - U �y,• o I �1 ,, z 4 ` Y J O I [ IZI ,1--rH _JC Fr r 1 <-rig -D �9:t,IL _j-t y- Z _' t : .� 148 1 "' 1-1 2 _z ;-: as ., r. EE W l t O ^ y a o a 21 CU N c " a u O S =u Z i,�j w 11 N 8 O < -Z - oy v~ w y E A m =:n JN > of <m J i`$ =_—Z �S - V to cn - _-_ - - G7 r� oa`<m�s ▪6�°� w llJ _ _ To w0-. t:zoa a G < d nt V - Jz- allom adE zW to Q N lU It W V W InN .- L co co O pa girl v°▪'zz G < 2 02 zzi Z giiU U ,, UG^i H.Ll N <V <O O1r i K CGs; a 0 zW J� e l U at,.. �; z Ei a u"i 6 o ' W c K x a ,; i a e `o dd 4. .kia a is .is7 S ■■e z - OI N n r 6 - ■■N■■■■■.gd - - cm 4.1 F F < = ill . U N i z b� 1 F, i� 1 gym„" n I (oabo.a. un-INY' C N..e°' U In of 4 W ,.. w 31 W(.zD O1.9�h N A 2"-cc.'" ,aI I N NI �in N,! .] zl co 'N.O<�. P v, j V 0 pp w 4 0 I N P N d pi a� uANN W^ aavr,•I awo I� v' CO -- N m N N ' .A O NIp�N N. N ED V w NI Li N OI \ zdoo Um-"",.-:'a 2 L Ij Nzt »Q�p$�1 P,71 O I N�I IWIV nj �y { VQ�!< N ) j WIF H lc •(' Y ! ii NI -i \ Li Ca. alwb - \ w wl3 NQ�n'snN 'c^n Gm 2 ��Nn<I �Ld V i.l� .1.- „�nlrt,�n� w� U 4 'V iU U 01 m z n 0 W Y n�� j 0 0 0 CO I ! I � . �N o �pQn9� e \ .0 n,n j - : 4'O N O z v, %j 0 O,O,:p'pI V- O.O.O•'� W / z-w p viv,;r o. I I�ci v c�'ii -. i,3 C4 } \ i. -II 1 G1 �,2 CO P. \\ V V 0(10.01 \ Uj� \ CO vi a a NI FE O Fa / oi �¢� -' C3 C4 Ct O Z ' c1 al O cl — fn N VP4k° /yBOU`C1 'BAN /pE\•\G /1_, �m rnW N z IN •o• mw.1 �w ci a - I � +� 168 1 Net 7400 Trail Blvd., Suite 200 i▪sm GN/�IJI■iiiF ✓I Naples, FL 34108 ■lint PH: (239) 597.31 1 1 aiisir ARBER '..ABBINC.c ::::::: RUNDAGE, INC. iiiiii� PrvM.sxu:IniMrr.,Plan-irt,,tianr,,,r,1 I anJwarq twat. LEGAL DESCRIPTION SIDE ' Al K EASEMENT 12a ALL THAT PART OF PARCEL-'G-C". PELICAN BAY UNIT T WELVE, AS RECORDED IN PLAT BOOK 17, PAGES 83-87, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL."G-C", SAID CORNER ALSO BEING THE NORTHWEST CORNER OF PARCEL "S", PELICAN BAY UNIT THREE, AS RECORDED IN PLAT BOOK 13, PAGE 35, COLLIER COUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL "G-C" AND SAID EAST RIGHT- OF-WAY N 25°57'01" W A DISTANCE OF 25.90 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS POINT BEARS S 24°53'10" W AND HAVING A RADIUS OF 21.00 FEET; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 68'06'58" AN ARC DISTANCE OF 24.97 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 13.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1 1'51'33" AN ARC DISTANCE OF 2.69 FEET TO AN INTERSECTION WITH THE SOUTH BOUNDARY OF• SAID PARCEL -'G-C" AND THE NORTH BOUNDARY OF SAID PARCEL "S": THENCE ALONG SAID BOUNDARIES S 64 0 3.32" W A DISTANCE OF 1.04 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 86 SQUARE FEET. REFERENCE ABB DRAWING#1273 -SD12 Page 3 of 9 b 8 1 Pblegg iIIIIA 7400 Trail Blvd., Suite 200 Naples, FL 34108 EMI PH: (239) 597-31 1 1 ■IIRIr ARBER .. .c ...ABSINC.corr, ■!!URIC ::::::' RUNDAGE, INC. hadc•wr:a:I r.zncrn. S.ancnvrn ft I anJu t.lyd.c it LEGAL DESCRIPTION SIDEWALK EASEME`, l 12b ALL THAT PART OF PARCEL`'G-C", PELICAN BAY UNIT TWELVE, AS RECORDED IN PLAT BOOK 17, PAGES 83-87,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL"G-C", SAID CORNER ALSO BEING THE NORTHWEST CORNER OF PARCEL"S", PELICAN BAY UNIT THREE,AS RECORDED IN PLAT BOOK 13, PAGE 35,COLLIER COUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL"G-C"AND SAID EAST RIGHT- OF-WAY N 25°57'00" W A DISTANCE OF 104.96 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 25°57'00" W A DISTANCE OF 58.80 FEET; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY S 45°00'00" E A DISTANCE OF 3.06 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS N 64°03'00" E AND HAVING A RADIUS OF 23.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°4I'03" AN ARC DISTANCE OF 7.10 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 26.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF I7°32'1 1" AN ARC DISTANCE OF 7.96 FEET; THENCE S 26°05'52" E A DISTANCE OF 28.19 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 26.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29°43'32" AN ARC DISTANCE OF 13.49 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 158 SQUARE FEET. REFERENCE ABB DRAWING#I2735-SD12 Page 4 of 9 t � - 1681 7400 Trail Blvd., Suite 200 Mir ‘,..1 Naples, FL 34108 """BARBER SUMP (239) 597 31 1 1 ■■ P .. .. . A 3 NC cc auiival B frli:::t'' RUNDAGE, INC. IN.4.0.X'.Ji Fts.ar,t*.C sflCtufl t Iambiapt Anhsutd LEGAL DESCRIPTION SIDEWALK EASEMENT I2c ALL THAT PART OF PARCEL`'G-C", PELICAN BAY UNIT 1 WELVE, AS RECORDED IN PLAT BOOK 17, PAGES 83-87,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL"G-C", SAID CORNER ALSO BEING THE NORTHWEST CORNER OF PARCEL "S", PELICAN BAY UNIT THREE, AS RECORDED IN PLAT BOOK 13, PAGE 35, COI_LIER COUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL "G-C" AND SAID EAST RIGHT- OF-WAY N 25°57'00" W A DISTANCE OF 199.02 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 25°57'00" W A DISTANCE OF 91.49 FEET: THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY S 36°42'24" E A DISTANCE OF 14.39 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 51.00 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1 I°42'27" AN ARC DISTANCE OF 10.42 FEET; THENCE S 24°59'57" E A DISTANCE OF 42.45 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 51.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°28'10" AN ARC DISTANCE OF 5.76 FEET; THENCE S I8°31'47" E A DISTANCE OF 18.9- FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 229 SQUARE FEET. REFERENCE ABB DRAWING itt2735-SDI2 Page 5 of 9 P 1 6 B 1 P4124 ?a to 9 ■ ail 7400 Trail Blvd., Suite 200 ▪ ' GNOLI Naples, FL 34108 illii PH: (239) 597.31 1 1 ■■•as, ARBER Q vw N.ABBINC.com ■uui■■r ::::::: RUNDAGE, INC. I4fn.irsa?Ir.-,,vrr.,Ro---.:.,`--,:.....S•I4.1.l..ir c%r.hr!ni LEGAL DESCRIPTION SIDEWALK EASEMENT I2d ALL THAT PART OF PARCEL "G-C", PELICAN BAY UNIT TWELVE, AS RECORDED IN PLAT BOOK 17, PAGES 83-87, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL "U-C', SAID CORNER ALSO BEING THE NORTHWEST CORNER OF PARCEL "S", PELICAN BAY LNIT THREE, AS RECORDED [N PLAT BOOK 13, PAGE 35,COLLIER COUNTY. FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL "G-C" AND SAID EAST RIGFIT- OF-WAY N 25°57'00" W A DISTANCE OF 339.37 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 25°57'00" W A DISTANCE OF 118.82 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS N 57°1 I'02" E AND HAVING A RADIUS OF 58.82 FEET; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1 1'21'32" AN ARC DISTANCE OF 11.66 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS POINT BEARS S 48'43'33" W AND HAVING A RADIUS OF 31.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°29'35" AN ARC DISTANCE OF 7.84 FEET; THENCE S 26'46'52" E A DISTANCE OF 72.90 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 51.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°56'2I" AN ARC DISTANCE OF 15.08 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 80°58'29" E AND HAVING A RADIUS OF 82.97 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08°27'12" AN ARC DISTANCE OF 12.24 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 415 SQUARE FEET. REFERENCE ABB DRAWING #12735-SD12 Page 6 of 9 i !iliir 7400 Trail Blvd., Suite 200 ■■■■f GNOLI Naples, FL 34108 ■■■■■� PH: 239 l■■■■I ( ) 597.31 1 ■■■■■� ARBER & • ..ABB!NC.con ■■■■■■k �RUNDAGE, 1Nc. ru.:lc,tu,Yul f/:�•Mrn.£t,rrKr,.Sunr,..s,\I s•.,:.csivr%r hrcats LEG: L DESCRIPTION SIDEWALK EASEMENT 12e ALL THAT PART OF PARCEL"G-C", PELICAN BAY UNIT TWELVE, AS RECORDED IN PLAT BOOK 17, PAGES 83-87,COL LIFR COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL "G-C", SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF SAN MARINO IN PELICAN BAY, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 1591, PAGES 1258-1376, COLLIER COUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY OF PEL[CAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL"G-C" AND SAID EAST RIGHT- OF-WAY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 81'1 I'50" E AND HAVING A RADIUS OF 1065.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF l7'08'50" AN ARC DISTANCE OF 318.73 FEET: THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY S 25°57'00" E A DISTANCE OF 11.10 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS N 60'30'42" E AND HAVING A RADIUS OF 57.40 FEET AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF l3'22'13" AN ARC DISTANCE OF 13.40 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS POINT BEARS S 44°09'33" W AND HAVING A RADIUS OF 31.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°46'55" AN ARC DISTANCE OF 21.52 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 81°01'00" E AND HAVING A RADIUS OF 55.78 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF I4°24'37" AN ARC DISTANCE OF 14.03 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY; • THENCE ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 25°57'00" W A DISTANCE' OF 48.04 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIIv1A1 ELY 101 SQUARE FEET. REFERENCE ABB DRAWING =I2735-SDI2 Page 7 of 9 minisiTA 7400 Trail Blvd., Suite 200 N s " "il GNOLI Naples, FL 34108 ■llIIL PH: (239) 597-31 1 auiu"i ARBER■■■■■t ABB;NCcom IIIIIIL ::::::: RUNDAGE, INC (' ,Ic%,u,r4I Irtncm.PLn".cc..Suncw,n<1.311.1..m Anhockt. LEGAL DESCRIPTION SIDEWALK EASEMENT 12f ALL THAT PART OF PARCEL"G-C",PELICAN BAY UNIT TWELVE, AS RECORDED IN PLAT BOOK 17, PAGES 83-87,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL"G-C", SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF SAN MARINO [N PELICAN BAY,A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 1591, PAGES 1258-1376,COLLIER COUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL"G-C" AND SAID EAST RIGHT- OF-WAY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 81°1 1'50" E AND HAVING A RADIUS OF 1065.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°15'57" AN ARC DISTANCE OF 190.82 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS S 54°31'15" W AND HAVING A RADIUS OF 51.00 FEET AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°20'2I" AN ARC DISTANCE OF 27.90 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT- OF-WAY AND THE BEGINNING OF A COMPOUND CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 69°26'58" E AND HAVING A RADIUS OF 1065.00 FEET; THENCE ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°28'56" AN ARC DISTANCE OF 27.55 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 37 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD12 Page 8 of 9 } 168 1 Nee 147._97 7400 Trail Blvd., Suite 200 ■NMI▪!!!! GNOLI Naples, FL 34108 ■!!!!tr :PH ■!!!!■ (239) 597-3I I I .!!!!r ARBER & h. � ABBINC.com ■!!IIIR ::III:. RUNDAGE, INC. I'rc•fc s o I I rtpnccn,Pycnr.,Son n.r.1 l�o�.tK kr.h. -i LEGAL DESCRIPTION SIDEWALK EASEMENT 122 ALL THAT PART OF PARCEL "G-C", PELICAN BAY UNIT TWELVE, AS RECORDED IN PLAT BOOK 17, PAGES 83-87, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NOR1 HWLST CORNER OF SAID PARCEL "G-C', SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF SAN MARINO IN PELICAN BAY, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 1591, PAGES 1258-1376, COLLIER COUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD: THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL "G-C" AND SAID EAST RIGHT- OF-WAY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 81°1 1'50" E AND HAVING A RADIUS OF 1065.01) FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°34'58" AN ARC DISTANCE OF 85.18 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 76°36'42" E A DISTANCE OF 1.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 76'36'53" E AND HAVING A RADIUS OF 43.00 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°34'31" AN ARC DISTANCE OF 10.19 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 51 00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL. ANGLE OF 24'52'41" AN ARC DISTANCE OF 22.14 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 43.00 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13'34'31" AN ARC DISTANCE OF 10.19 FEET: THENCE S 74'20'31" W A DISTANCE OE 1.00 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 74'20'3I ' E AND HAVING A RADIUS OF 1065.00 FEET; I HENCE ALONG SAID WEST BOUNDARY AND SAID FA T RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGL E OF 02'16'21" AN ARC DISTANCE OF 42.24 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 94 SQUARE FEET. REFERENCE ABB DRAWING#12735-SDI2 Page 9 of 9 a .&,. 16 8 1 irworr ic,,, , .ps..._._t_. -______ ,- , A ,j. ;1 ,.; .sue zx z = a II o .1$ - - - r c , Ism 0 - oo". os -o a2 p a =zo� m _ _ z umga e< v `_ "p., 'igt3woc c . " .O' . -_ < Cr am' nui -- Z 0,a <U ml� ;e• a _ _ -'3 = ins = < IGl Z L Z z 2 _ ID i 3 I , G. v=- LL,_ << _ _ 6; I...1 F aM e" 1C9. K i 1 l 1 D - I _ _f I��t�=__ 22 J 4:,'i_ t p Tij 8 o o: - _ _ ,_ a -;,, w d Z \ F^ a _ II ! ! • r— > up Q m p U W m ago ar �� J ? U2~ d vm avvi w < i ((Z��on�r e. J -IZQ 21T OhN mr JQ 17mOA o- 2 a oo- ! cc ma "Cr Q Cr ez,nn Nrn,, UC _ Cv c.' O , zl_,�n<N rD �1�'� J U J y! V U'7S7< j i a w o BOULE\°8°PELIG4N 6PY al I NPR "' GNOLI 7400 Trail Blvd., Suite 200 ....� Naples, FL 34108 •...mi a....l� PH: (239) 597-31 1 1 swimARBER & h ...A36!NC.cam ■.....h """'BRUNDAGE, INc. .....■r LEGAL DESCRIPTION SIDEWALK EASEMENT 15 ALL THAT PART OF PARCEL"G-C", PELICAN BAY UNIT TWELVE, AS RECORDED IN PLAT BOOK 17, PAGES 83-87, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL'`G-C"', SAID CORNER ALSO BEING THE NORTHWEST CORNER OF CALAIS IN PELICAN BAY, A CONDOMINIUM, AS RECORDED [N OFFICIAL RECORDS BOOK 1558, PAGES 1715-1812, COLLIER COUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL"G-C" AND SAID EAST RIGHT- OF-WAY N 10°32'58" W A DISTANCE OF 64.52 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED: THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 10'32'58" W A DISTANCE OF 136.12 FEET: THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 79'27'02" E A DISTANCE OF 1.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 79°27'02" E AND HAVING A RADIUS OF 69.00 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10'32'32" AN ARC DISTANCE OF 12.70 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 50.00 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF.14°08'50" AN ARC DISTANCE OF 12.35 FEET: THENCE S 07'50'59" E A DISTANCE OF 2.22 FEET; THENCE S 08°45'5I" E A DISTANCE OF 36.59 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 69.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°03'46" AN ARC DISTANCE OF 2.48 FEET; THENCE S 10°49'37" E A DISTANCE OF 42.81 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 76.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02'15'52" AN ARC DISTANCE OF 3.00 FEET: THENCE S 08'33'45" E A DISTANCE OF 21.74 FEET; THENCE S 12'58'38" W A DISTANCE OF 2.61 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID FAST RIGHT-OF-WAY AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 256 SQUARE FEET. REFERENCE ABB DRAWING m12735-SDI3 Page 2 of 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 8 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Cou ty Attorney Office no later than Monday preceding the Board meeting. ' 4.' ROUTING SLIP f dt nq Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the doc ent is already complete with the exception of the Chairman's signature,draw a line through routinglines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners 5. Minutes and Records Clerk of Court's Office cocrflt PRIMARY CONTACT INFORMATION D�, Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Patricia Braxton Phone Number 252-ble'! 5 $6,1 Contact/ Department Transportation Engineerin ROW Agenda Date Item was p 1 Engineer 0 Agenda Item Number �j Approved by the BCC NatAkaF geSa Cu'�YDc d(0— — .. i/�"' Type of Document Suhet,,;A a I (kk TAW SA 1 Number of Original Attached Y Documents Attached r PO number or account number if document is Belo✓ iN ',a4 It) iv IDw'1 by to be recorded G('tVCk Q 1.(14e1- INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? j J)J 2. Does the document need to be sent to another agency for additional signatures? If yes, • A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 0 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed '\ 105 by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N�� document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's e5 signature and initials are required. IX 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on .IA (enter date)and all changes made 44 �-- during the meeting have been incorporated in the attached document. The County v rd Attorney's Office has reviewed the changes,if applicable. a(i l0 3� 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 INSTR 6155327 OR 6038 PG 1075 RECORDED 11/5/2021 11:39 AM PAGES 7 CLERK OF THE CIRCUIT COURT AND COMPTROLLER THIS INSTRUMENT PREPARED BY: COLLIER COUNTY FLORIDA Joshua M. Bialek, Esq. REC$61.00 Porter Wright Morris&Arthur LLP 9132 Strada PL,STE 301 Naples, Florida 34108 [space above for recording data] PROJECT: #99999-Collier's Reserve drainage and lake maintenance easement PARCEL: 485DE1 &485DE2 FOLIO: 27185001004 SUBORDINATION OF UTILITY INTERESTS THIS SUBORDINATION OF UTILITY INTERESTS is executed this 29th day of September, 2021, by HOTWIRE COMMUNICATIONS, LTD., a Pennsylvania limited partnership, whose mailing address is 1 Belmont Ave, Suite 1100, Bala Cynwyd, PA 19004 (the "Utility"), in favor of COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, FL 34112 (the "County"). RECITALS: A. By virtue of a Special Warranty Deed recorded on December 21, 1992 in OR Book 1781, Page 223, Official Records of Collier County, Florida, COLLIER'S RESERVE COUNTRY CLUB, INC. ("Owner") owns the real property in Collier County, Florida described on Exhibit "A" attached hereto (the "Easement Parcels"). B. Pursuant to a Grant of Telecommunications Easement recorded on September 19, 2019 in OR Book 5675, Page 3377, Official Records of Collier County, Florida, COLLIER'S RESERVE ASSOCIATION, INC. (the "Association") granted to the Utility an easement encumbering the Easement Parcels, together with other real property described therein (the "Utility Easement"). C. By virtue of a Drainage Easement and Lake Maintenance Easement executed by Owner and being recorded in the public records on or about the date hereof, Owner granted to the Association and the County a drainage easement and lake maintenance easement encumbering the Easement Parcels as more particularly described therein (the "County Easement"). D. The County's proposed use of the Easement Parcels requires that the Utility subordinate its interest in the Easement Parcels to the County. E. The Utility is amenable to such subordination and the relocation of its facilities within the Easement Parcels, if necessary, to facilitate the County in providing services for the benefit of the public F. The County is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, the parties agree as follows: 1. The Utility hereby subordinates all of its rights and interests in the Easement Parcels to the rights and interests of the County under the County Easement. 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and/or relocate its facilities within and upon the Easement Parcels in accordance with the County's minimum standards for such facilities, provided such activities do not interfere with the operation and safety of the County's facilities. Any construction or relocation of the Utility's facilities within the Easement Parcels shall be subject to prior written approval by the County. If the County requires the Utility to alter, adjust, or relocate its facilities from or within the Easement Parcels, the County shall give the Utility ninety (90) days' written notice to do so and hereby agrees to pay the reasonable cost of such alteration, adjustment, or relocation, including without limitation the cost of acquiring appropriate easements. 3. The Utility shall have a reasonable right to enter upon the Easement Parcels for the purposes outlined in paragraph 2 above, including the right to trim trees, brush, and growth that may endanger or interfere with its facilities, provided such activities do not interfere with the operation and safety of the County's facilities. 4. The Utility shall promptly repair any damage to the County's facilities resulting from the Utility's exercise of its rights under paragraphs 2 and 3 above. 5. These terms and conditions shall be attached as an addendum to any permit that may be required by the County for location of the Utility's facilities within the Easement Parcels. 6. Without limitation of the County's other rights under Florida law, this instrument may be assigned by the County to the State of Florida. IN WITNESS WHEREOF,the parties have executed this instrument on the dates indicated below, effective as of the date of execution by the County. Date: September 29, 2021. Witnesses: HOTWIRE COMMUNICATIONS, LTD., a Pennsylvania limited partnership By: Hotwire Communications, LLC, a Pennsylvania limited liability company, its general partner By: Sign r ness 1) Printed name: Martin Mohr Printed nam Title: Executive Vice President Sign re (witn 2) 114T f.4E( WOO-In T Printed name 2 Date: kki. 'd' , 2021 ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER COI TY, FLORIDA Circuit Court & Comptroller By ,�f .: By: Attest as to Chairlr�an Dep lark Penny Tay , Chairpers signature only. STATE OF f Lc•,k.) COUNTY OF bk()WAI?-b The foregoing instrument was acknowledged before me by means ofhysical presence or Illonline notarization this ZA day of SEP EMttt ; 2021, by UAj'T I tv 1�10f j F2_ , as GX€ft_iTI V E Ur of Hotwire Communications, LLC, a Pennsylvania limited liability company, on behalf of the company as general partner of HOTWIRE COMMUNICATIONS, LTD., a Pennsylvania limited partnership, on behalf of the partnership, who: _✓is personally known to me OR produced ❑ a driver's license, or❑ as identification. u ALEIGNORA STEEPEN O'ALBERT Notary Public•State of Florida Ci Commission M GG 969561 Cid ;ect(____ My Comm.E�ires Mar t5,2024 ''eonded through National Notary Assn, Signature of Notary Public Printed Name: ALEXP\1 Ji.' .)`H t1E My Commission Expires: Mace:i-t '5,2 (affix notarial seal above) THIS CONVEYANCE ACCEPTED BY:THE Approved as to form and legality: BOARD OF COUNTY COMMISSIONERS, �J�� A�� COWER COUNTY, FLORIDA PURSUANT TO THE PROVISIONS C ----- OF RESOLUTION NO.2010-39 Jennifer A. Belpedio Assistant County Attorney -337�c\ `' \o\ 3 SKETCH OF DESCRIPTION OF AN EASEMENT LYNG IN SECTION 22 TOWNSHIP 48 SOUTH, RANGE 25 PAST, COLLIER COUNTY, FLORIDA EXHIBiT "A" LEGAL DESCRIPTION AN EASEMENT BEING A PORTION OF GOLF COURSE TRACT NUMBER 5, COLLIER'S RESERVE, AS RECORDED IN PLAT BOOK 20, PAGES 59 THROUGH 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING WITHIN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. COMMENCE AT THE NORTHEASTERLY CORNER OF LOT 25, BLOCK "C" OF SAID COLLIER'S RESERVE, THENCE SOUTH 68°24'20" EAST, A DISTANCE OF 27.81 FEET TO AN EXISTING DRAINAGE EASEMENT AND MAINTENANCE EASEMENT; THENCE ALONG SAID DRAINAGE AND MAINTENANCE EASEMENTS, SOUTH 15°16'19" EAST, A DISTANCE OF 32.41 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 38.00 FEET, A DELTA ANGLE OF 49'03'18" A CHORD BEARING OF SOUTH 39'47'57" EAST, A CHORD DISTANCE OF 31.55 FEET, AN ARC DISTANCE OF 32.53 FEET TO THE END OF SAID CURVE AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT; THENCE CONTINUE ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 38.00 FEET, A DELTA ANGLE OF 51°18'12" A CHORD BEARING OF SOUTH 89'58'41" EAST, A CHORD DISTANCE OF 32.90 FEET, AN ARC DISTANCE OF 34.03 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 138.00 FEET, A DELTA ANGLE OF 56°39'51" A CHORD BEARING OF NORTH 36°02'18" EAST, A CHORD DISTANCE OF 130.98 FEET, AN ARC DISTANCE OF 136.48 FEET TO THE END OF SAID CURVE; THENCE SOUTH 79°04'04" EAST, DEPARTING AFORESAID DRAINAGE AND MAINTENANCE EASEMENT, A DISTANCE OF 4.33 FEET; THENCE SOUTH 10°55'56" WEST, A DISTANCE OF 48.45 FEET; THENCE SOUTH 09°29'12" WEST, A DISTANCE OF 30.71 FEET; THENCE SOUTH 15°36'01" WEST, A DISTANCE OF 44.92 FEET; THENCE SOUTH 26°13'11" WEST, A DISTANCE OF 16.13 FEET; THENCE SOUTH 44°39'28" WEST, A DISTANCE OF 16.65 FEET; THENCE SOUTH 53'49'08" WEST, A DISTANCE OF 12.02 FEET; THENCE SOUTH 65°12'31" WEST, A DISTANCE OF 7.93 FEET; THENCE SOUTH 72'57'04" WEST, A DISTANCE OF 11.24 FEET; THENCE SOUTH 84'12'12" WEST, A DISTANCE OF 11.69 FEEL THENCE NORTH 85'57'59" WEST, A DISTANCE OF 10.11 FEET; THENCE NORTH 66°24'35" WEST, A DISTANCE OF 12.12 FEET; THENCE NORTH 36'21'57" WEST, A DISTANCE OF 13.36 FEET; THENCE NORTH 18'34'41" WEST, A DISTANCE OF 7.36 FEET; THENCE NORTH 06°22'02" WEST, A DISTANCE OF 5.26 FEET; THENCE NORTH 04'30'30" EAST, A DISTANCE OF 28.81 FEET TO THE POINT OF BEGINNING; CONTAINING 6,220 SQUARE FEET OR 0.143 ACRE, MORE OR LESS SURVEYOR'S NOTES 1. BEARINGS SHOWN HEREON ARE BASED UPON THE NORTHERLY LINE OF ""trtrr"',,, James M. JHAE( C'�i,�' Condon PSM 5 SIFIC '•O LOT N BLOCK RE HAVING A BEARING OF NORTH 69°51'29" EAST AS ; ArF•?o=,6074Stateof SHOWN ON THE RECORD PLAT. No.8074 :Z I rids 9 STATE OF .3 igitally signed by 2. SEE SHEET 2 OF 2 FOR SKETCH OF DESCRIPTION. Q games M.Condon �f•.• 4,4 PSM 6074 State of %im;•.•�ORIOP. 4'`�' Florida SU I 11 ,� 110, 8 ,`, Date:2021.02.24 16:30:17-05'00' THIS IS NOT ASURVEY REVISE EASEMENT 02/24/2021 NH THIS MAP PREPARED BY: JAMES M.CONDOM PSM D7A wuu '17OT O.-NE ,.'. � DAGOSTINO GEOSPATIAL,INC. 77 CERnFlED iO: CERMIGTE ar AUDICRDATw Nu u AM �� '•`�R ./ 1. Professional Sunxying&MaWk:9 °®^ J.R. EVANS ENGINEERING 19507 NOT MAID MMtlR TIE 9tlIAlUAE / IBMI BYa BCV 0.anC'B Bain SJA'Ts.R HiiB A �m xe. D SEAL Or A MLRDA N a Swpr Nappr Fla llui� aiO)4 tea/ Z DOMED sirvEMm AID MAPPER a�/i+/z@+ �N=naxo Rm:25i15tE:d5 N/1'khiG w�w.cssmMmr. A 0 SKETCH OF DESCRIPTION OF AN EASEMENT LYING IN SECTION 22 TOWNSHIP 48 SOUTH, RANGE 25. EAST, COLLIER COUNTY, FLORIDA \ \ FAIT "A" \ \ \\.. LEGEND 1 I (P) = COLLIER'S RESERVE PLAT BOOK 20, PAGES 59— 87 I I I �ss2i9 rp. �f 46 L 1 GOLF COURSE TRACT NO. 5 \ (PLAT BOOK 20, PAGE 59-87) ' I \ EXISTING DRAINAGE EASEMENT AND MAINTENANCE EASEMENT POINT OF COMMENCEMENT \ / / (PLAT BOOK 20, PAGE 59-87) NORTHEASTERLY CORNER OF 7 / 7 ,s LOT 25, BLOCK NC", / �°°/ ;� COLLIER'S RESERVE 4/ g /cid o / ,�/ a/ GRAPHIC SCALE co �1NE S682.0,,, �/ 0 15 30 NOR1HERLY 9,E ?.<84 F / N69'51G BPSIS) i!!!!' W8\14Ln ( IN FEET ) a� LOT 25 ,.6 • N 1 inch = 30 ft. G� ;� -1!.._I-. oN m LAKE 4 r. \ POINT OF z \c-> BEGINNING U Q LINE TABLE \ Ra LINE BEARING DISTANCE N N LI S79'04'04E 4.33' ce 0 0 L2 S26'13'11"W 16.13' C2 h m L3 S44'39'28'W 16.65' 1- L4 S53'49'08 W 12.02' ' a L5 S65'12'31'W 7.93' 1 L6 S72'57'04'W 11.24' L7 S84'12'12'W 11.69' L8 N85'57'59"W 10.11' L9 N66'24'35"W 12.12' �ry LID N36'21'S7"W 13.36' L I 1 N18'34'41'W 7.36' N L12 N06'22'02'W 5.26' 12' DRAINAGE Al L13 N04'30'30 E 28.81' EASEMENT(P) `� I .. • O 12' DRAINAGE \.5 EASEMENT(P) �9 L6 L8 U James M. EASEMENT CONTAINING ss 4, H"F/c�c,.. Condon PSM 6' 6,220 SQUARE FEET OR �: MO.8074 Z: 6074 State of 6' i 4 0.143 ACRE, MORE OR LESS ? - • Florida:.. STATE OF z NOTE: .:Q D Digitally signed by \ o:. Q. JamesM.Condnn SEE SHEET 1 OF 2 FOR LEGAL DESCRIPTION. %��/q':F(OR50t:"��.•�` PSM60745tateof �'o°a Suney0t M.,,, Florida LOT 24 CURVE TABLE '�IIIII I111151ss,• Date:20 1.2,24 16.30:5CURVE DELTA RADIUS ARC CHORD BEARING CHORD THIS IS NOT A SURVEY Cl 5 ' '12' 38.00' 34.03' S39'4 '41'E 31.55' 02 51'1818'12" 38.00' 34.03' S89'58'41E 32.90' REVISE EASEMENT 02/24/202I NH C3 56'39'51' 138.00' 136.48' N36'02'18"E 130.98' THIS MAP PREPARED BY: AMES M.CONDON,PSM 20440 7 ''' CERTIFIED TO: A10' zo«� M. '�`- • DAGOSTINO GEOSPATIAL,INC. 19507 a NOT. ,MAID+I�X NO u MO 02/21 �••20 R •() plofe nal wrveylrg h is p x•• J.R. EVANS ENGINEERING MOT VAID'/RIMIUf 11E$IdATAE _ ■RJ! IG991 Dot,D t Pad.R gait Syl`35.ft?Ili'. AMO SFAL Oi A RLRDA ,,, d 9rtMp A Map-nn 00—X"!0)t >� • nN/tes 2 of 2 IlmL4➢gpA[pR AM1 MAPJFA 02.21/'2021 " 1/02/2020 Pao:305550/81 110605.wM. t,e.o, N/A 2 2 5 SKETCH OF DESCRIPTION OF AN EASEMENT LYING IN SECTION 22 TOWNSHIP 48 SOUTH, RANGE 2.5 FAST, COLLIER COUNTY, FLORIDA EXHiBiT »B" LEGAL DESCRIPTION AN EASEMENT BEING A PORTION OF GOLF COURSE TRACT NUMBER 2, COLLIER'S RESERVE, AS RECORDED IN PLAT BOOK 20, PAGES 59 THROUGH 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING WITHIN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. COMMENCE AT THE SOUTHWESTERLY CORNER OF LOT 45, BLOCK "F" OF SAID COLLIER'S RESERVE, THENCE NORTH 32.15'46" WEST, ALONG THE WESTERLY LINE OF SAID LOT 45, A DISTANCE OF 44.81 FEET TO A THE BEGINNING OF A NON-TANGENT CURVE OF A CURVE CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 59.05 FEET, A DELTA ANGLE OF 33'12'00" A CHORD BEARING OF SOUTH 15'39'46" EAST, A CHORD DISTANCE OF 33.74 FEET, AN ARC DISTANCE OF 34.21 FEET TO THE END OF SAID CURVE AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT; THENCE SOUTH 42°53'25" EAST, A DISTANCE OF 9.44 FEET; THENCE SOUTH 30°38'02" EAST, A DISTANCE OF 13.93 FEET; THENCE SOUTH 24'49'08" EAST, A DISTANCE OF 14.46 FEET;; THENCE SOUTH 05'07'35" EAST, A DISTANCE OF 14.18 FEET;; THENCE SOUTH 00'21'37" EAST, A DISTANCE OF 8.96 FEET;; THENCE SOUTH 12'10'35" WEST, A DISTANCE OF 11.90 FEET;; THENCE SOUTH 22'51'12" WEST, A DISTANCE OF 6.70 FEET; THENCE SOUTH 18'05'09" WEST, A DISTANCE OF 11.25 FEET; THENCE SOUTH 50'59'57" WEST, A DISTANCE OF 14.25 FEET;; THENCE SOUTH 58'41'35" WEST, A DISTANCE OF 5.87 FEET; THENCE SOUTH 58°41'38" WEST, A DISTANCE OF 10.34 FEET;; THENCE SOUTH 84'52'45" WEST, A DISTANCE OF 18.03 FEET; THENCE NORTH 80'54'15" WEST, A DISTANCE OF 13.49 FEET; THENCE NORTH 73'51'59" WEST, A DISTANCE OF 7.57 FEET; THENCE NORTH 73'51'59" WEST, A DISTANCE OF 14.93 FEET,• THENCE NORTH 68°34'20" WEST, A DISTANCE OF 21.10 FEET; THENCE NORTH 63'48'39" WEST, A DISTANCE OF 15.15 FEET; THENCE NORTH 44'06'24" WEST, A DISTANCE OF 27.10 FEET; THENCE NORTH 42°56'35" WEST, A DISTANCE OF 44.43 FEET; THENCE NORTH 52'25'35" WEST, A DISTANCE OF 30.26 FEET TO AN EXISTING DRAINAGE AND MAINTENANCE EASEMENT; THENCE CONTINUE ALONG SAID EXISTING DRAINAGE AND MAINTENANCE EASEMENT THE FOLLOWING 4 COURSES AND DISTANCES; 1. THENCE SOUTH 89°33'38" EAST, A DISTANCE OF 11.58 FEET; 2. THENCE SOUTH 49°22'17" EAST, A DISTANCE OF 50.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH; 3. THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 80.00 FEET, A DELTA ANGLE OF 72°53'29" A CHORD BEARING OF SOUTH 85'49'02" EAST, A CHORD DISTANCE OF 95.05 FEET, AN ARC DISTANCE OF 101.78 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; 4. THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 59.05 FEET, A DELTA •`�cj t TH•F c c0''% ANGLE OF 56°48'00'; A CHORD BEARING OF NORTH 29°20'14" EAST, A CHORD DISTANCE OF 56.17 `.��,;��a dTF.yo.; FEET, AN ARC DISTANCE OF 58.54 FEET TO THE POINT OF BEGINNING. No.6074 • STATE OF :m CONTAINING 6,540 SQUARE FEET OR 0.150 ACRE, MORE OR LESS. aa: ed 5'Brve4ot a``.` SURVEYOR'S NOTES "" 1. BEARINGS SHOWN HEREON ARE BASED UPON THE WESTERLY LINE OF LOT 45, BLOCK "F", HAVING A BEARING OF NORTH 32°15'46" WEST AS SHOWN ON THE RECORD PLAT. James M. Digitally signed Condon by James M. Condon PSM 2. SEE SHEET 2 OF 2 FOR SKETCH OF DESCRIPTION. PSM 6074 6074 State of THIS IS NOT A SURVEY State of Florida Date:2021.10.05 Florida 08:50:50-04'00' THIS MAP PREPARED BY: AMES M.CONDON,PSM um O io scut A ♦ DAGOSTINO GEOSPATIAL INC. CERSF1ED TO: +a ^ J.R. EVANS ENGINEERING 19507 44, mnrA,E v xmmiux w u era oi/2Vaam �" .,'y tProf ewa bnal Surve41n9 1)1,s c R +arxa INIT VAID rINdlr TE 90NA,URE _-` !p491 Pan'a fkxT 0.0»E Beta S,x!^f,R?;) 1 of 2 AIO ffAl Di A MROA P d 0*$a MOPS Fla lY XuaO)4 ��J/ R,,:13)1 JS11Gd5 IV:.SY,:'.ww.9.ernc�rr N/A um®sxesma AID wPPm ia�/�+ �uro�/:azi 6 SKETCH OF DESCRIPTION OF AN EASEMENT LYING IN SECTION 22 TOWNSHIP 48 SOUTIH RANGE 25 EAST, LEGEND COLLIER COUNTY, FLORIDA (P) = COLLIER'S RESERVE PLAT BOOK 20, PAGES 59- 87 ■ ■ �D» Dcffmr-r, D O LINE TABLE LZi l Lo LINE BEARING DISTANCE OG� LZ Z LI S42'53'25"E 9.44' ,,,nun,,,A 0� z 0 U S30'38'02"E 13.93' ., ``,,\CHAEL C"""" LLI L3 S24'49'081 14.46' ;•,g:�1yTIF10,9j01,,, �' L4 SO5'07'35E 14.18' 6' /c, F..0 1., Y W L5 soo 21'37E 8.96' :•>, N°•DT' :• ?_ LOT 45 v Cn L6 S12'10'35"W 11.90' -�: STATE '• • �_ 0 L7 S22'51'12"W 6.70' �'o'. -q...F (11 m Si) SI8'05'09"W 11.25' _ "' P' LB "� a <OR1D;. �'.`� O 3 L9 S50'59'571V 14.25' ,'""''B;Stl;81°,o'ss WESTERLY5LINE ' J L10 S58.41'35"W 5.87' Z J L11 S58.41'38"W 10.34' 0 0 O 0 � 0- (n _1 v L12 S84'52'4511' 18.03' �,_L13 N80'54'15"W 13.49' \ �. L 14 N73'51'59'W 7.57' SP Q'S. L15 N73.51'59"W 14.93' •\ •(pp 37 MICE Lib N68'34'201W 21.10' iCLJ 8 OI ' L17 N63'48'39"W 15.15' I L18 N44'06'2411' 27.10' L19 S89'33'38"E 11.58' j L19 POINT OF p ...,„„ s, BEGINNING �� tis �j.0 ��, LOT 46 2�s6,, EXISTING DRAINAGE EASEMENT AND MAINTENANCE EASEMENT A�G` t..5, (PLAT BOOK 20, PAGE 59-87) CIA) tl Sri• �,, �0. '411, 441, —I 4- Q Sr 57t-J1 C2 112' I , (pvNGOLF COURSE TRACT NO. 2 176(PLAT BOOK 20, PAGE 59-87) I03 IS L14L13 L12 � N N g 12' DRAINAGE GRAPHIC SCALE 1 EASEMENT(P) 0 15 30 EASEMENT CONTAINING 6,540 SQUARE FEET OR 0.150 ' ACRE, MORE OR LESS ( IN FEET ) • 1 inch = 30 ft. NOTE: I ' SEE SHEET 1 OF 2 FOR LEGAL DESCRIPTION. CURVE TABLE CURVE DELTA RADIUS ARC CHORD BEARING CHORD THIS IS NOT A SURVEY CI 33'12'00" 59.05' 34.21' 5 5'49'02 E 33.74' C2 72'53'29" 80.00' 101.78' 85'49'02 E 95.05' C3 56'48'00" 59.05' 58.54' N2920'14"E 56.17' 1HIS MAP PREPARED BY: AMES M.COND ON.PSIA owp ~_ A DAGOSTINO GEOSPATIAL,INC. . CERnFlm TO: a" P:o`a9anal SA eying "' J.R. EVANS ENGINEERING Wt"9507 IMR YMD MIIW1 TE SMARRE Win'/gyp ` 199 rOd,.Ce..P..SE Rrdt S..:gs.il:.:l, ' AM SEAL 6A MOJA P W A NW,'Fla Dmw N,ROl" 2 of 2 MEMO O 9PAEYDR ME MAPPER 10/tL5/A]t 10/OS/MRt Poch:;liSi%52ti085 lVetih:.+,ru.C.e.nM<yn N/A 4" ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 168 i TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date l. 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners 5. Minutes and Records Clerk of Court's Office Opt PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vivian Rodriguez Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was 2/23/10—Reso 2010-39 Agenda Item Number 16.B.1 Approved by the BCC Type of Document Easement Agreement Number of Original Attached 88888-166DE Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature? Slr,,A '—f O\,c VR 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. VR N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the .G_j, Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 168 1 MEMORANDUM Date: November 18, 2021 To: Vivian Rodriquez, Transportation Eng. - ROW From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Easement Agreement— Project #50200.0 Parcel: 88888-166DE Folio #68140040001 Poinciana Village Stormwater Attached is an original of each document referenced above, (Agenda Item #16B1) approved by the Board of County Commissioners on Tuesday, February 23, 2010. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment 168 1 PROJECT: 50200.2 — Poinciana Village Stormwater PARCEL: 88888-166DE FOLIO: 68140040001 AGREEMENT THIS AGREEMENiAhereinafte referred to as the "Agreement") is made and entered into on this 1). day of 1 I1Lt�C •, 2021, by and between ALBERTA FERBER, a widow, whose mailing address is 3333 Bolero Way, Naples, Florida 34105 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non-exclusive Drainage Easement without responsibility for maintenance over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. RESPONSIBILTY FOR MAINTENANCE — County shall have no obligation or responsibility to construct any improvements within the Easement Area. Additionally, County shall have the right, but have no obligation or responsibility to maintain any improvements that are constructed within the Easement area. 3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall convey the Easement to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a properly executed easement instrument) is hereinafter referred to as the "Closing." 'G 16B 1 Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release, or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the Closing Documents, properly executed, witnessed, and notarized where required, in a form acceptable to County. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 5. CURATIVE INSTRUMENTS AND PROCESSING FEES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable costs and/or processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement. County shall have sole discretion as to what constitutes "reasonable costs and/or processing fees." 6. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 7. ENTIRE AGREEMENT - Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. SIGNATURES APPEAR ON FOLLOWING PAGE 16B 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO C UNTY: DATED: asenilber',-7. 202( ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA Circuit Court & Comptroller BY: BY: datifituktFtlflirmaa E OR, Chai rson AS TO OWN R: DATED: (l I 31 D-02 BY: Witness (Signature) A BERTA FERBER 7. (44, t,• �� ��, Name (Print Type Witne nature)p Q.o c tik- $accL. Name (Print or Type) Approved as to form and.legality: 2�2 Jennifer A. Belpedio Assistant County Attorney A 0 16B 1 JJ On IY%flw b f a+y/lyi. EXHIBIT LOT 53 `age._i o, . BLOCK 'C'UNIT 2 IINIMiewedN111/ REPEAT OF POINCIANAVIU/K;I P B. 10. PO. 85 t 111 M 89'59'53'E 111 17' UNE BEARING DISTANCE LI S 00'00.00' E • N O1'U/55" W I e,»; Ue/W W * 110e/ J I Ol W a O * rn S f' D i3LOCK "C"UIMT 2 REPIAT OF POINCIANA NLLAGE B 10. PC B5 LCT 5. BLACK "C. UNIT 2 REP AT Of PORICWN Vt.AGE B 10. PC 85 LEGA/ DESCRIPTION: THE NORTH 15' OF LOT 52, BLOCK -C. UNIT 2 REPEAT OF POINCIANA VILLAGE, AS RECORDED IN PLAT BOOK 10, AT PAGE 85 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA. HOLE MONTES. INC 'u �k CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 ,'.T/ - . � / r'"rsw E ;'I11 •f � �•i 4,•FItfrR,A / r •MA ai.r�Y'�rYWat '� "'W at 01l11,1wu a Wphy,dr•40Me.w.a. {%V Oaa$3, ss ae.a-0 • M MURPHY JRAWh R' S1li 950 Encore Woy G.p 6/01/2011 Naples. FL. 34110 SKETCH AND LEGAL M-I Sifi-MEle Phone: (239) 254-2000 Florida Certificate of LOT 52 BLOCK "C" DRAINAGE EASEMENT ' « ruin Authorization No.1772 ree,verswierr i6 i PROJECT: PB Sidewalk Improvements Phase 2 Parcel No.:66280200004 8 66280240006 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between PELICAN BAY FOUNDATION, INC., formerly known as Pelican Bay of Naples Foundation, Inc., a Florida not-for-profit corporation, (hereinafter referred to as "Grantor"), whose mailing address is 6251 Pelican Bay Blvd., Naples, FL 34108, and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "Grantee"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH: WHEREAS, Grantee has requested that Grantor grant to the Grantee a perpetual, non-exclusive easement for the purpose of constructing, and maintaining, of a sidewalk upon and across the lands described in Exhibit "A" and Exhibit "B" hereinafter referred to as the ("Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Grantor desires to grant an easement over the Property to Grantee for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Grantor recognizes the benefit to Grantor and desires to grant an easement over the Property to the Grantee for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by Grantee; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Grantor shall grant an easement over the Property via a Sidewalk Easement to Grantee at no cost to the Grantee, unless otherwise stated herein. 2. Prior to Closing, Grantor shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Grantor shall provide such instruments, properly executed, to Grantee on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Grantee executes this Agreement; provided; however, that Grantee shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Grantee's enjoyment of the Property. 4. Grantor is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 166 1 5. Grantor represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Grantee; that the Grantor has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the Grantee, that the Grantor has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Grantor shall indemnify, defend, save and hold harmless the Grantee against and from, and to reimburse the Grantee with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Grantee by reason or arising out of the breach of Grantor's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The Grantee shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. Grantee shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Grantor. The cost of a title commitment shall be paid by Grantee. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Grantor is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Grantor holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Grantor shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Grantee, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida OVD Donation Agreement A 168 1 IN WITNESS WHEREOF, the has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: z L3, Zo 2 i '"�(� t 0 AS TO GRANTEE: ad ka_81 DATE;:atallliter I11,021 ATTEST: CRYSTAL K. KINZ,EL, Clerk of the Circuit COLLIER COUNTY Court and Comptroller AlA L ISW �w BY' - - -... ...d114-- Al" t�to Chairman! ' ler' PENNY TA LOR, Chair Signature OfltY4 Appr ved as to form and legality: _a_A Jennifer A. Belpedio, Assist ssis t County Attorney AS TO GRANTOR: Cli .."7:--- /1 ii/1 PELICAN BAY FOUNDATION, INC., formerly Witness(S. nature) known as Pelic Bay of Naples 1 ' Foundation, I . a Florida not-for-profit 1 Print NAV R-6c`, 1 �.. 14-a i- n r<, corporatio 4ress(Signature) i JAMES F. HOPP STEADT, P sident Print Name: ' T-00 `'' r L✓"- Donation Agreement 3 168 1 EXIT__._ , „_ I g' vo. F., a� L!' _ € 'S .7�Y a' oa N 0 s o c �l N $ fi o-.s n N ras / l ( N O = .:8 :� i7 ; nd^~oN �2 < Cw Z < s r s nl oval iwviv 'i w Li) o ym,, y i N > ���Z Ell Rif n // `' /i 01 m 21ia�' taf€ < W u .. -T: o- _ a ... . W 4:.:, 2Z ■w.■■■■■ 3 i. e m0 gC88g8888$8`«8888i; l\ q A V ,a I .ar7 15 'Ru+u516,1!'u5uJ.i uj U a zi xnI yx:F" .-9�=- . RaRanae zo G to „ n Ed m ! 8 I d3.Li ttl L`W;-4 i`T or.:.'hr^hittbbbb 0 is m 9 888$8:88888r8888$8888: 888• zza 6- c IRS' 8715H'7;AM:'2„: :8:. u y o d cc u. LL o ,0 m Re == ' z - z ss 4 x: ; co \ , \ R JiI1 < / ` L7OO I W = ) Ln� ma ¢m 98���0«88 ^R=BR o 3 2� ) 2� m� o. ''�� ���i ROAR~o:+�� `" uja U# C7 4 W a S: H �i51:3n auu"'i..p. a LL \ ' ,a zFf• 1 S7 :3iVece- a Z O:a c sssss!!lsss 0,*-A, 3 o;\ ' ,„........7,-.<4',/ R w 4t-RR ,AG- G m ' \ o \ gn1,,.31.,9E. `,1F z 0'" u i�Zz2 j \ g a a ��I ' � Wo W \0 .. .,iU , •" V a � 0 z M v, �J awZ 2Z r. Ft U �ma LL a yw ES F ry" R / i 4 g. J3 6 a a! W IA 6 Q O a al v' zLA+ jrc � o / O a J W U m" I �O _., GCE 2 <- �o anN ry ri v V Ex � 160 1 MMMONA 7400 Trail Blvd., Suite 200 iiiii UMWGNOLI Naples, FL 34108 •SUUST 111111 PH: (239) 597 31 1 1 ■IIIUP ARBER & www•.ABBINC.com ■iiiii� i■iiiii IZIINDACiI., IN(■iiiiif• ..J letarn.Mown.Mna...n l la+dwacr LEGAL DESCRIPTION SIDEWALK EASEMENT 1 ALL THAT PART OF PARCEL"K", PELICAN BAY UNIT ONE,AS RECORDED IN PLAT BOOK 12,PAGES 47-52,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A SOUTHEAST CORNER OF SAID PARCEL"K", SAID CORNER ALSO BEING THE NORTHEAST CORNER OF PELICAN BAY BOULEVARD AND THE WEST RIGHT- OF-WAY OF TAMIAMI TRAIL(U.S.41); THENCE ALONG THE SOUTH BOUNDARY OF SAID PARCEL"K"AND THE NORTH RIGHT- OF-WAY OF SAID PELICAN BAY BOULEVARD AND ALONG A CURVE CONCAVE NORTHWESTERLY WHOSE RADIUS POINT BEARS S 89°20'28" W AND HAVING A RADIUS OF 50.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00"AN ARC DISTANCE OF 78.54 FEET; THENCE CONTINUING ALONG SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF- WAY S 89°20'28" W A DISTANCE OF 16.49 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF- WAY S 89°20'28" W A DISTANCE OF 18.47 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY WHOSE RADIUS POINT BEARS S 21°30'49" W AND HAVING A RADIUS OF 68.00 FEET; THENCE LEAVING SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34°33'43" AN ARC DISTANCE OF 41.02 FEET; THENCE S 76°57'06" W A DISTANCE OF 1.98 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY WHOSE RADIUS POINT BEARS N 12°44'35" W AND HAVING A RADIUS OF 76.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 54°55'18" AN ARC DISTANCE OF 72.85 FEET; THENCE N 47°49'17" W A DISTANCE OF 6.01 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 53.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAI. ANGLE.OF 85°25'53" AN ARC DISTANCE OF 79.03 FEET; THENCE S 46°44'50" W A DISTANCE OF 7.38 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 47.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45°21'21" AN ARC DISTANCE OF 37.21 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERI.Y AND HAVING A RADIUS OF 60.26 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°25'52" AN ARC DISTANCE OF 9.92 FEET; PAGE 2 OF 5 4i 168 1 Page THENCE S 82°40'19" W A DISTANCE OF 48.51 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 31.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°09'46" AN ARC DISTANCE OF 1.71 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 121.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°45'52" AN ARC DISTANCE OF 60.75 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 53.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°49'04" AN ARC DISTANCE OF 38.68 FEET; THENCE S 72°46'52" W A DISTANCE OF 19.34 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 104.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°51'59" AN ARC DISTANCE OF 10.65 FEET; THENCE S 78°38'52" W A DISTANCE OF 10.40 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 104.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°40'16" AN ARC DISTANCE OF 10.29 FEET; THENCE S 84°19'08" W A DISTANCE OF 17.41 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 41.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43°01'52" AN ARC DISTANCE OF 30.79 FEET; THENCE N 52°39'00" W A DISTANCE OF 17.49 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 38.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67°51'32" AN ARC DISTANCE OF 45.01 FEET; THENCE S 59°29'28" W A DISTANCE OF 82.62 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 496.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°18'2I" AN ARC DISTANCE OF 11.30 FEET; THENCE S 58°11'07" W A DISTANCE OF 57.95 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 118.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°13'40" AN ARC DISTANCE OF 14.89 FEET; THENCE S 50°57'27" W A DISTANCE OF 57.09 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 93.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0I°53'36" AN ARC DISTANCE OF 3.07 FEET; THENCE S 49°03'51" W A DISTANCE OF 21.99 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 43.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°38'03"AN ARC DISTANCE OF 2.73 FEET; THENCE S 45°25'48" W A DISTANCE OF 6.44 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 76.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°30'35" AN ARC DISTANCE OF 20.57 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 33.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°15'07" AN ARC DISTANCE OF 3.02 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS N 02°19'13" E AND HAVING A RADIUS OF PAGE 3 OF 5 EX JT. i68I NW-_ _14 1 , 25.00 FEET AND AN INTERSECTION WITH SAID SOUTH BOUNDARY,SAID NORTH RIGHT- OF-WAY AND THE EAST RIGHT-OF-WAY OF RIDGEWOOD DRIVE; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL"K"AND SAID EAST RIGHT-OF- WAY AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60°19'04" AN ARC DISTANCE OF 26.32 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS N 54°52'19" E AND HAVING A RADIUS OF 31.77 FEET; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°00'12" AN ARC DISTANCE OF 7.77 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHERLY WHOSE RADIUS POINT BEARS N 39°48'08" E AND HAVING A RADIUS OF 7.53 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 72°05'2I" AN ARC DISTANCE OF 9.48 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS POINT BEARS S 33°44'15" E AND HAVING A RADIUS OF 41.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08°18'31" AN ARC DISTANCE OF 5.95 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 68.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°09'41" AN ARC DISTANCE OF 19.18 FEET: THENCE N 48°24'36" E A DISTANCE OF 6.82 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 51.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°39'16" AN ARC DISTANCE OF 0.58 FEET; THENCE N 49°03'S1" E A DISTANCE OF 24.95 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS N 40°1 I'26" W AND HAVING A RADIUS OF 2.95 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 128°58'55" AN ARC DISTANCE OF 6.64 FEET; THENCE N 05°22'59" E A DISTANCE OF 9.83 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY WHOSE RADIUS POINT BEARS N 05'29'29" E AND HAVING A RADIUS OF 52.81 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°51'02" AN ARC DISTANCE OF 15.53 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHWESTERLY WHOSE RADIUS POINT BEARS N 11°19'1 I" W AND HAVING A RADIUS OF 24.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°43'22" AN ARC DISTANCE OF 11.61 FEET; TIIENCE N 50°57'27" E A DISTANCE OF 25.84 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 126.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°13'40" AN ARC DISTANCE OF 15.89 FEET; THENCE N 58°1 I'07" E A DISTANCE OF 57.95 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 504.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°18'21"AN ARC DISTANCE OF 11.49 FEET; THENCE N 59°29'28" E A DISTANCE OF 82.62 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 46.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67°51'32" AN ARC DISTANCE OF 54.48 FEET; PAGE 4 OF 5 168 1 EXHiBIT THENCE S 52°39'00" E A DISTANCE OF 17.49 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 33.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43°01'52" AN ARC DISTANCE OF 24.78 FEET; THENCE N 84°19'08" E A DISTANCE OF 17.41 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 96.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°40'16" AN ARC DISTANCE OF 9.50 FEET; THENCE N 78°38'52" E A DISTANCE OF 10.40 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 96.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°51'59" AN ARC DISTANCE OF 9.83 FEET; THENCE N 72°46'52" E A DISTANCE OF 19.34 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 61.00 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°49'04" AN ARC DISTANCE OF 44.52 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 113.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°45'52" AN ARC DISTANCE OF 56.73 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 23.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°09'46" AN ARC DISTANCE OF 1.27 FEET; THENCE N 82°40'19" E A DISTANCE OF 48.51 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 68.26 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°25'52" AN ARC DISTANCE OF 11.24 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 39.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45°21'21"AN ARC DISTANCE OF 30.87 FEET; THENCE N 46°44'50" E A DISTANCE OF 7.38 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 61.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85°25'53"AN ARC DISTANCE OF 90.95 FEET; THENCE S 47'49'17" E A DISTANCE OF 6.01 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 68.00 FEET; THENCE ALONG THE ARC OF SAID CURVE '1 HROUGH A CENTRAL ANGLE OF 54°55'19"AN ARC DISTANCE OF 65.18 FEET; THENCE N 77°33'58" E A DISTANCE OF 2.78 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 76.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38°02'13" AN ARC DISTANCE OF 50.45 FEET; THENCE S 64°23'50" E A DISTANCE OF 11.67 FEET TO AN INTERSECTION WITH SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-WAY AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 7,125 SQUARE FEET. REFERENCE ABB DRAWING#12735-SDI PAGE 5 OF 5 EXIT 1`B 1 b8 1 4/ N ay ii N eh O Z a \ 2N Cj ,.' w U �A 0, V m ''-; W m Z a u g cT z v 0 . , i rCV - y 0 0 .su-.0 •. Z < w Nol a '7 < pN o „ 1,; z1/Y O toEo Ir. < i a a z ; � 3 � t W. o4m•7aoo m E � Gi• o ` n < Wci a b. 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LEGAL DESCRIPTION SIDEWALK EASEMENT 2a ALL THAT PART OF PARCEL"L", PELICAN BAY UNIT ONE, AS RECORDED IN PLAT BOOK 12,PAGES 47-52,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL"L", SAID CORNER ALSO BEING THE SOUTHEAST CORNER OF PARCEL "M", PELICAN BAY UNIT TWO, AS RECORDED IN PLAT BOOK 12, PAGES 74-79,COLLIER COUNTY, FLORIDA AND THE NORTH RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE SOUTH BOUNDARY OF SAID PARCEL"L"AND SAID NORTH RIGHT- OF-WAY N 62°38'18" E A DISTANCE OF 142.66 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-WAY N 52°46'I9" E A DISTANCE OF 38.53 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 101.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°21'52" AN ARC DISTANCE OF 23.56 FEET; THENCE N 66°08'I 1" E A DISTANCE OF 36.51 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 93.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°15'26" AN ARC DISTANCE OF 6.91 FEET; THENCE N 61°52'45" E A DISTANCE OF 23.90 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 23.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°42'46" AN ARC DISTANCE OF 10.72 FEET; THENCE N 35°10'00" E A DISTANCE OF 6.43 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 67.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°23'09" AN ARC DISTANCE OF 29.69 FEET; THENCE N 60°33'09" E A DISTANCE OF 3.74 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 31.00 FEET; THENCE ALONG THE ARC OF SAIL)CURVE THROUGH A CENTRAL ANGLE OF 42°36'33" AN ARC DISTANCE OF 23.05 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 2.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67°40'49" AN ARC DISTANCE OF 2.36 FEET TO AN INTERSECTION WITH THE EAST BOUNDARY OF SAID PARCEL"L",THE WEST RIGHT-OF-WAY OF RIDGEWOOD DRIVE AND THE BEGINNING OF Page 2 of 4 16B 1 OMIT '.84ft A REVERSE CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS N 84°18'05" W AND HAVING A RADIUS OF 25.00 FEET; THENCE ALONG SAID EAST BOUNDARY AND SAID WEST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20°30'05" AN ARC DISTANCE OF 8.95 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY WHOSE RADIUS POINT BEARS S 13°06'04" W AND HAVING A RADIUS OF 25.74 FEET; THENCE LEAVING SAID EAST BOUNDARY AND SAID WEST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°20'24" AN ARC DISTANCE OF 18.57 FEET; THENCE S 60°33'09" W A DISTANCE OF 3.73 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 59.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°23'09" AN ARC DISTANCE OF 26.14 FEET; THENCE S 35°10'00" W A DISTANCE OF 6.43 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 31.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°54'2I" AN ARC DISTANCE OF 3.20 FEET TO AN INTERSECTION WITH SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-WAY; THENCE ALONG SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-WAY S 62°38'18" W A DISTANCE OF 139.76 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 1,293 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD2 Page 3 of 4 l EXIT BIT 1 goe ■fffft' 7400 Trail Blvd., Suite 200 fffff ffff� GNOL1 Naples, FL 34108 iiiiii PH: (239) 597-31 i 1 ISIRUP ARBER & www.ABBIN(.com ■fffffli ::::::P Rl)IVDAGE, INC. A.•k...• .,Rinwrn,4.c.•.r.�l�aapr �n •. LEGAL DESCRIPTION SIDEWALK EASEMENT 2b ALL THAT PART OF PARCEL"L",PELICAN BAY UNIT ONE, AS RECORDED IN PLAT BOOK 12,PAGES 47-52,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL"L",SAID CORNER ALSO BEING THE SOUTHEAST CORNER OF PARCEL"M", PELICAN BAY UNIT TWO,AS RECORDED IN PLAT BOOK 12, PAGES 74-79,COLLIER COUNTY,FLORIDA AND THE NORTH RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL"L"AND THE EAST BOUNDARY OF SAID PARCEL"M"N 23°42'30" W A DISTANCE OF 10.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID BOUNDARIES N 23°42'30" W A DISTANCE OF 8.24 FEET; THENCE LEAVING SAID BOUNDARIES N 52°18'53" E A DISTANCE OF 15.55 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 41.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 54°25'30"AN ARC DISTANCE OF 38.95 FEET; THENCE S 73°15'37" E A DISTANCE OF 4.48 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 43.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°20'57"AN ARC DISTANCE OF 12.27 FEET TO AN INTERSECTION WITH THE SOUTH BOUNDARY OF SAID PARCEL"L"AND SAID NORTH RIGHT-OF-WAY; THENCE ALONG SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-WAY S 62°38'18" W A DISTANCE OF 13.93 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY WHOSE RADIUS POINT BEARS N 14°22'49" E AND HAVING A RADIUS OF 51.00 FEET; THENCE LEAVING SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°21'34"AN ARC DISTANCE OF 2.10 FEET; THENCE N 73°15'37" W A DISTANCE OF 4.48 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 33.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 54°25'30"AN ARC DISTANCE OF 31.35 FEET; THENCE S 52°18'53" W A DISTANCE OF 17.54 FEET TO AN INTERSECTION WITH SAID WEST AND EAST BOUNDARIES AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL. AREA OF APPROXIMATELY 504 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD2 Page 4 of 4 A i ib8 1 PROJECT: PB Sidewalk Improvements Phase 2 Parcel No.:66280200004&66280240006 GRANTOR'S NON-FOREIGN,TAXPAYER IDENTIFICATION &"GAP"AFFIDAVIT The undersigned, James F. Hoppensteadt, as President, ("Affiant") on behalf of Pelican Bay Foundation, Inc., formerly known as Pelican Bay of Naples Foundation, Inc., a Florida not-for-profit corporation, ("Grantor"), after being duly sworn, deposes and says: 1. Grantor is the fee simple owner and the only owner of the property located in Collier County and described in Exhibit "A" and Exhibit "B" attached hereto ("Property"). 2. Grantor's Legal Name is: Pelican Bay Foundation, Inc., formerly known as Pelican Bay of Naples Foundation, Inc., a Florida not-for-profit corporation. 3. Section 1445 of the Internal Revenue Code requires a transferee of a U.S. real property interest to withhold tax if the transferor is a foreign person. For U.S. tax purpose (including Section 1445), the owner of a disregarded entity having legal title to a U.S. real property interest under local law will be the transferor of the property and not the disregarded entity. To inform Collier County, as transferee, that withholding of tax is not required upon disposition the Property, Affiant affirms that the following is true: a. Grantor is not a non-resident alien (if individual) or a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined by the Internal Revenue Code and Income Tax Regulations.) for purposes of U.S. income taxation b. Grantor's address is: 6251 Pelican Bay Blvd. Naples, FL 34108 c. Grantor is not a disregarded entity as defined in s.1.1445-2(b)(2)(iii). (NOTE: A disregarded entity for these purposes means an entity that is disregarded as an entity separate from its owner under s.301.7701-3, a qualified REIT subsidiary as defined in s. 856(i), or a qualified subchapter S subsidiary under s.1361(b)((3)(B). 4. Grantor's Taxpayer Identification Number is: 51- :co f 75 1+7 5. For purposes of reporting this Transaction to the Internal Revenue Service on Form 1099-S, the Property is Grantor's (check one) Principal Residence X Other real estate 6. Grantor is in sole constructive or actual possession of the Property, and there is no other person or entity that has any possessory right in the Property. 7. Grantor has full authority to convey the Property. 8. There are no existing contracts for sale or mortgage commitments other than those being closed affecting the Property. i I 168 I 9. Grantor knows of no defects in the Property's title and, except for real estate taxes for the current year and those items identified on Exhibit "C" attached hereto, there are no liens, encumbrances, mortgages, claims or demands on or against the Property. 10. There are no unrecorded labor, mechanics', materialmen's liens or "Notices of Commencement" against the Property; no material has been furnished to or labor performed upon the Property within the past ninety (90) days which has not been paid for in full; no notices to owner have been delivered to or received by the Grantor. 11. There are no bills, liens or assessments for sanitary sewers, paving or other public utilities, or improvements made by any governmental instrumentality, which are now unpaid, against the Property. Further, Grantor acknowledges responsibility for water, sewer and electrical consumption charges through date of closing or occupancy by Grantor, whichever first occurs. If any bills, liens or assessments are found which relate to the period of Grantor's possession, Grantor will pay same upon demand. Grantor shall obtain any release documents needed which relate to bills, liens or assessments not paid at the time of closing. 12. No notice has been received of any public hearing regarding future or pending zoning changes or assessments for improvements by any governmental instrumentality. 13. Grantor knows of no violations of local or state laws or private covenants, restrictions or conditions which pertain to the Property. 14. There are no judgments, orders or decrees which have been entered in any state or federal court against the Property or Grantor, and there are no civil or administrative actions pending against Grantor or which involve the Property in any way, including no action for dissolution of marriage or bankruptcy. 15. The Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local laws, regulations, and ordinances, including environmental laws, and that the Grantor has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property; and that Grantor has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive closing and/or acceptance and is not deemed satisfied by conveyance of title. 16. Grantor shall indemnify, defend and hold Collier County harmless against and from any and all damages, claims, liabilities, actions, expenses, penalties, fines and costs (including attorney's fees and expenses) incurred by or asserted against Collier County by reason of or arising out of the breach of Grantor's representations under Paragraph 15 above, irrespective of whether Affiant was negligent in the making of these representations. This provision shall survive closing and/or acceptance and is not deemed satisfied by conveyance of title. 17. There are no unrecorded deeds, judgments, liens, mortgages, easements or rights of way for users, claims, boundary line or other disputes, or demands of any nature asserted against or affecting the Property. 18. There are no matters pending against Grantor that could give rise to a lien that would attach to the Property, or cause a loss of title, or impair title between the effective date of the title insurance commitment (or title search showing ownership and encumbrances) and the time of recording of the instruments evidencing the County's fee O,a^ 168 1 simple or other interests in the Property; and that Grantor has not executed and will not execute any instrument that would adversely affect the title to the Property from the date of this Affidavit forward. 19. If the conveyance is of fee simple and by purchase, Grantor agrees that in the event the current real and personal property taxes vary in amount from the figures used in making the prorations used in closing the conveyance of the Property to County, then a new proration and a correct and proper adjustment shall be made upon demand. Grantor understands that all taxes, maintenance charges and assessments due from Grantor for which a bill is rendered prior to closing will be charged against Grantor on the closing statement. 20. If the Property is improved property, then Grantor is the owner of said property, and there are no claims, liens, security interests, claims or demands of any kind against the furniture, equipment, fixtures and personal property located on the Property and being sold as part of this transaction. 21. If the subject Property hereto is rental property, Grantor hereby represents that Grantor has paid all sales taxes due to the State of Florida to date and will pay any remaining taxes due in respect to said premises before due and will indemnify and hold harmless Collier County from Grantor's failure to do so. 22. Grantor agrees to fully cooperate with Collier County when necessary to correct an error discovered after closing and, in doing so, to execute, without delay, any corrective instrument(s) needed in order to effectuate the intent of the parties to this transaction. This provision shall survive closing. 23. Grantor understands that this certification may be disclosed to the Internal Revenue Service by Collier County and that any false statements made here could be punished by fine, imprisonment, or both. Grantor further authorizes the submission of this affidavit if and when required. 24. Under penalties of perjury, I, the undersigned affiant, state that I have examined this affidavit and to the best of my knowledge and belief it is true, correct and complete as of the date of execution hereof; that I am authorized to execute this affidavit as or on behalf of Grantor and to bind Grantor thereby; that I will immediately notify Collier County of any change to the representations contained herein and that, in the absence of such notification, Collier County may rely on the representations contained herein on the day of closing; that Grantor intends for Collier County, its agents and attorneys, the title company issuing the title policy (if title insurance is to be issued), its underwriter and its employees, any escrow/settlement agent and other parties and their attorneys participating in this transaction, to rely on these representations, and Grantor will indemnify said parties for all damages, loss, liability, claims, cost and expenses, including attorney fees, which arise out of or result from their reliance upon these representations, irrespective of whether I was negligent in making these representations or executing this Affidavit. 166 1 L-- L /f// PELICAN BAY FOUNDATION, INC., formerly Witness(Sign f e) known as Pelican Bay of Naples • Foundation,,In,, , a Florida not-for-profit Print r e ��r;�� ( L Nrx S� . r,rj c corpora/ttiii n / to / Y V ss(Signature JAMES F. HO ENSTEADT, President ')c'i-- L 141-rre,r_ Print Name: STATE OF_ �Z COUNTY OF C'c=ltrcr. _ Sworn to and subscribed before fp e by means of physical presence or ❑ online notarization this I C" day of iv CA/f.r.1,c' , 2021, by James F. Hoppensteadt, as its President, on behalf of Pelican Bay Foundation, Inc., formerly known as Pelican Bay of Naples Foundation, Inc., a Florida not-for-profit corporation Such person(s) Notary Public must check applicable box: L� are personally known to me. p Y ❑ produced her current . ' -r license. ❑ produced ANAIIII ,.s identification. 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Esx C ,,, FQr15 3 ! i aN.-42 u) Y�' I I j 9- -Z TAMIAMI TRAIL N S 4,) -, ELL)---Z--...; _._- o — = c� c F. a C: o!F°I c U a c '0 ,Nc��- n O gG n o z iG c c 1 ,,,, ��apj —y ; 'L ' 1hV y .1 N H l 168 1 11▪11111111 GNOLI • 7400 Trail Bled., Suite 200 Ra111f Naples, Ft 34108 IIIRtf! lmpIIr ARI)ER PH: (239) 597.311 1 :::::NBIZUNIJAGE, INC.. Pramioad tagi ten.Plant.Sampan 8c Irdaapt Arc6itom LEGAL DESCRIPTION SIDEWALK EASEMENT 1 ALL THAT PART OF PARCEL"K", PELICAN BAY UNIT ONE,AS RECORDED IN PLAT BOOK 12, PAGES 47-52,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A SOUTHEAST CORNER OF SAID PARCEL"K", SAID CORNER ALSO BEING THE NORTHEAST CORNER OF PELICAN BAY BOULEVARD AND THE WEST RIGHT- OF-WAY OF TAMIAMI TRAIL(U.S. 41); THENCE ALONG THE SOUTH BOUNDARY OF SAID PARCEL "K"AND THE NORTH RIGHT- OF-WAY OF SAID PELICAN BAY BOULEVARD ANI) ALONG A CURVE CONCAVE NORTHWESTERLY WHOSE RADIUS POINT BEARS S 89°20'28" W AND HAVING A RADIUS OF 50.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" AN ARC DISTANCE OF 78.54 FEET; THENCE CONTINUING ALONG SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF- WAY S 89°20'28" W A DISTANCE OF 16.49 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF- WAY S 89°20'28" W A DISTANCE OF 18.47 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY WHOSE RADIUS POINT BEARS S 21°30'49" W AND HAVING A RADIUS OF 68.00 FEET; THENCE LEAVING SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34°33'43"AN ARC DISTANCE OF 41.02 FEET: THENCE S 76'57'06" W A DISTANCE OF 1.98 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY WHOSE RADIUS POINT BEARS N 12°44'35" W AND HAVING A RADIUS OF 76.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 54'55'18" AN ARC DISTANCE OF 72.85 FEET; THENCE N 47°49'17" W A DISTANCE OF 6.01 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 53.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85°25'53" AN ARC DISTANCE OF 79.03 FEET; THENCE S 46°44'50" W A DISTANCE OF 7.38 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 47.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45°21'21" AN ARC DISTANCE OF 37.21 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 60.26 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°25'52" AN ARC DISTANCE OF 9.92 FEET; PAGE 2 OF 5 YY� 168 1 E HO T `N Pomp 3 c_ 5 THENCE S 82°40'19" W A DISTANCE OF 48.51 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 31.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°09'46" AN ARC DISTANCE OF 1.71 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 121.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°45'52"AN ARC DISTANCE OF 60.75 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 53.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL. ANGLE OF 41°49'04"AN ARC DISTANCE OF 38.68 FEET; THENCE S 72°46'52" W A DISTANCE OF 19.34 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 104.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°51'59" AN ARC DISTANCE OF 10.65 FEET; THENCE S 78°38'52" W A DISTANCE OF 10.40 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 104.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05'40'16" AN ARC DISTANCE OF 10.29 FEET; THENCE S 84°19'08" W A DISTANCE OF 17.41 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 41.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43'O1'52" AN ARC DISTANCE OF 30.79 FEET; THENCE N 52°39'00" W A DISTANCE OF 17.49 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 38.00 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67°51'32" AN ARC DISTANCE OF 45.01 FEET; THENCE S 59°29'28" W A DISTANCE OF 82.62 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 496.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL. ANGLE OF 01°18'21" AN ARC DISTANCE OF 11.30 FEET; THENCE S 58'11'07" W A DISTANCE OF 57.95 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 118.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07'13'40" AN ARC DISTANCE OF 14.89 FEET; THENCE S 50'57'27" W A DISTANCE OF 57.09 FEET TO THE' BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 93.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01'53'36" AN ARC DISTANCE OF 3.07 FEET; THENCE S 49'03'51" W A DISTANCE OF 21.99 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 43.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°38'03" AN ARC DISTANCE OF 2.73 FEET; THENCE S 45°25'48" W A DISTANCE OF 6.44 FEET TO TIEE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 76.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15'30'35" AN ARC DISTANCE OF 20.57 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 33.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°15'07" AN ARC DISTANCE OF 3.02 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS N 02'19'13" E AND HAVING A RADIUS OF PAGE 3 OF 5 168 1 25.00 FEET AND AN INTERSECTION WITH SAID SOUTH BOUNDARY, SAID NORTH RIGHT- OF-WAY AND THE EAST RIGHT-OF-WAY OF RIDGEWOOD DRIVE; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL "K"AND SAID EAST RIGHT-OF- WAY AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60°19'04" AN ARC DISTANCE OF 26.32 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS N 54°52'19" E AND HAVING A RADIUS OF 31.77 FEET; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14'00'12" AN ARC DISTANCE OF 7.77 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHERLY WHOSE RADIUS POINT BEARS N 39°48'08" E AND HAVING A RADIUS OF 7.53 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 72°05'21" AN ARC DISTANCE OF 9.48 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERI,Y WHOSE RADIUS POINT BEARS S 33'44'15" E AND HAVING A RADIUS OF 41.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08°18'31" AN ARC DISTANCE OF 5.95 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 68.00 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°09'41" AN ARC DISTANCE OF 19.18 FEET; THENCE N 48°24'36" E A DISTANCE OF 6.82 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND }LAVING A RADIUS OF 51.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°39'16" AN ARC DISTANCE OF 0.58 FEET; THENCE N 49°03'51" E A DISTANCE OF 24.95 FEET TO T'I IE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS N 40°1 I'26" W AND HAVING A RADIUS OF 2.95 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 128°58'55" AN ARC DISTANCE OF 6.64 FEET; THENCE N 05°22'59" E A DISTANCE OF 9.83 FEET TO LT IE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY WI IOSE RADIUS POINT BEARS N 05°29'29" E AND HAVING A RADIUS OF 52.81 FEET: THENCE ALONG THE ARC OF SAID CURVE 'THROUGH A CENTRAL ANGLE OF 16°51'02" AN ARC DISTANCE OF 15.53 FEET TO TILE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHWESTERLY WHOSE RADIUS POINT BEARS N 11'19'11" W AND HAVING A RADIUS OF 24.00 FEET; THENCE ALONG THE ARC OF SAIL)CURVE THROUGH A CENTRAL ANGLE OF 27°43'22" AN ARC DISTANCE OF 11.61 FEET; THENCE N 50°57'27" E A DISTANCE OF 25.84 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 126.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°13'40" AN ARC DISTANCE OF 15.89 FEET; THENCE N 58°1 1'07" E A DISTANCE OF 57.95 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 504.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01'18'21" AN ARC DISTANCE OF 11.49 FEET; THENCE N 59°29'28" E A DISTANCE OF 82.62 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 46.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67'51'32" AN ARC DISTANCE OF 54.48 FEET; PAGE 4 OF 5 4 1 6 B 1 t:i#ART ire ;i fg THENCE S 52'39'00" E A DISTANCE OF 17.49 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 33.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43°01'52"AN ARC DISTANCE OF 24.78 FEET; THENCE N 84°19'08" E A DISTANCE OF 17.41 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 96.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°40'16" AN ARC DISTANCE OF 9.50 FEET; THENCE N 78°38'52" E A DISTANCE OF 10.40 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 96.00 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°51'59" AN ARC DISTANCE OF 9.83 FEET; THENCE N 72°46'52" E A DISTANCE OF 19.34 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 61.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°49'04" AN ARC DISTANCE OF 44.52 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 113.00 FEET; THENCE ALONG THE. ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28'45'52" AN ARC DISTANCE OF 56.73 FEET TO THE BEGINNING OF .A COMPOUND CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 23.00 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°09'46" AN ARC DISTANCE OF 1.27 FEET; THENCE N 82°40'19" E A DISTANCE.OF 48.51 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 68.26 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09'25'52" AN ARC DISTANCE OF 11.24 FEET TO TIIE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 39.00 FEET; THENCE ALONG TILE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45°21'21" AN ARC DISTANCE OF 30.87 FEET: THENCE N 46°44'50" E A DISTANCE OF 7.38 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 61.00 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85°25'53" AN ARC DISTANCE OF 90.95 FEET; THENCE S 47'49'17" E A DISTANCE OF 6.01 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 68.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 54°55'19" AN ARC DISTANCE OF 65.18 FEET; THENCE N 77°33'58" E A DISTANCE OF 2.78 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 76.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38°02'13" AN ARC DISTANCE OF 50.45 FEET; THENCE S 64°23'50" E A DISTANCE OF 11.67 FEET TO AN INTERSECTION WITH SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-WAY AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 7,125 SQUARE FEET. REFERENCE ABB DRAWING x12735-SDI PAGE 5 OF 5 _ F 16 1 u. < b I n e 3 0 ..c ol, < x ^ c a S - S G �� o of .� op C $V 5 N C V t 17.% a p� = O W 2 p z ' `II 8 :0 3 J'i < I O 1'C L' , A. G'^ u� CSi t c<� o� �illki c_ _.._. ...L,-"�,_S - C <o _o . ,E1/le! S. !ihi1!1JiI :agH I ` r` ihil! C, .U kx " T E <xum c ce 3 z -.= I - I z � 12 w9z co cavF naFp 3 - Q ° L z C O c3i< N F Z ¢ V© Cr ..i` ►.iii cc' a O c •Nrrr Ik!c aa - v r III ` c'i =lL, §O Ot p =,J V.6 c a 43 .+. � -O6,}? E P.c Q .l -.- 1 eG'54� a. a. Li 1 iyk0 9R,yE rt Z L1-4 /. 'U Jy" r� Iz [FA lacqltr;l4A, I , Y U c�,; ivia dd U Z , 1 y,3 zN o N $R W O. O z ,,. M n ma Zo 4i ,„LI -- '-.. .-- U co >o \ U x< mo an m� \ - .\ - U a J O , m O 0,a.I \ 3 0 v ^ f \ l) \ `» w m "- U • z^i a U m a. L.— 168 1 1,1-7.-- ••sioarA sssls CNOI_I 7400 Trail Blvd., Suite 200 ■sss� i Naples, FL 34108 sesss► :PH (239) 597-31 1 1 ::::i� ARDER W•211111111411 :::::::DRUNIDAGE, 1Nc:. ho(niiaeul Inpexcn.?lumen,Son non&Ihad,ca r &tom LEGAL DESCRIPTION SIDEWALK EASEMENT 2a ALL THAT PART OF PARCEL"L", PELICAN BAY UNIT ONE, AS RECORDED fN PLAT BOOK 12, PAGES 47-52,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL"L", SAID CORNER ALSO BEING THE SOUTHEAST CORNER OF PARCEL"M", PELICAN BAY UNIT TWO, AS RECORDED IN PLAT BOOK 12, PAGES 74-79,COLLIER COUNTY, FLORIDA AND THE NORTH RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE SOUTH BOUNDARY OF SAID PARCEL"L"AND SAID NORTH RIGHT- OF-WAY N 62°38'18" E A DISTANCE OF 142.66 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED: THENCE LEAVING SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-WAY N 52°46'19" E A DISTANCE OF 38.53 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 101.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°21'52" AN ARC DISTANCE OF 23.56 FEET; THENCE N 66°08'l 1" E A DISTANCE OF 36.51 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 93.00 FEET; THENCE ALONG TILE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04'15'26" AN ARC DISTANCE OF 6.91 FEET; THENCE N 61°52'45" E A DISTANCE OF 23.90 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 23.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°42'46" AN ARC DISTANCE OF 10.72 FEET; THENCE N 35'10'00" E A DISTANCE OF 6.43 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY ANI) HAVING A RADIUS OF 67.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°23'09" AN ARC DISTANCE OF 29.69 FEET; THENCE N 60'33'09" E A DISTANCE OF 3.74 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 31.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL.ANGLE OF 42°36'33"AN ARC DISTANCE OF 23.05 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 2.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67°40'49" AN ARC DISTANCE OF 2.36 FEET TO AN INTERSECTION WITH THE EAST BOUNDARY OF SAID PARCEL"I.'', THE WEST RIGHT-OF-WAY OF RIDGEWOOD DRIVE AND THE BEGINNING OF Page 2 of 4 168 1 ry PAIR* A REVERSE CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS N 84°18'05" W AND HAVING A RADIUS OF 25.00 FEET; THENCE ALONG SAID EAST BOUNDARY AND SAID WEST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20°30'05" AN ARC DISTANCE OF 8.95 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY WHOSE RADIUS POINT BEARS S 13°06'04" W AND HAVING A RADIUS OF 25.74 FEET; THENCE LEAVING SAID EAST BOUNDARY AND SAID WEST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°20'24" AN ARC DISTANCE OF 18.57 FEET; THENCE S 60°33'09" W A DISTANCE OF 3.73 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 59.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°23'09" AN ARC DISTANCE OF 26.14 FEET; THENCE S 35'10'00" W A DISTANCE OF 6.43 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 31.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°54'21" AN ARC DISTANCE OF 3.20 FEET TO AN INTERSECTION WITH SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-WAY: THENCE ALONG SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-WAY S 62°38'18" W A DISTANCE OF 139.76 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 1,293 SQUARE FEET. REFERENCE ABB I)RAW'[NG#12735-SD2 Page 3 of 4 4 6 168 1 6 !■■Q■! ■■�■r� C7, \'\/1.� 7400 Trail Blvd., Suite 200 ■■■■!► Naples, FL 34108 `■■■■SBA T1 T)T'}Z PH; (239) 597-31 1 1 ■■■■■r ,„ h■s■■■s. .��ryRNCcom �•R:: BIZUNI)AC�L, 1N(.. r o(c.wm.il Leciacm.i+...an.sa,t7un I,.dia pt Ata►itaai LEGAL DESCRIPTION SIDEWALK EASEMENT 2b ALL THAT PART OF PARCEL"L", PELICAN BAY UNIT ONE, AS RECORDED IN PLAT BOOK 12, PAGES 47-52, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL "L", SAID CORNER ALSO BEING THE SOUTHEAST CORNER OF PARCEL"M", PELICAN BAY UNIT TWO, AS RECORDED IN PLAT BOOK 12, PAGES 74-79,COLLIER COUNTY, FI,ORIDA AND THE NORTH RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL"L"AND THE EAST BOUNDARY OF SAID PARCEL "M" N 23°42'30" W A DISTANCE OF 10.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL. HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID BOUNDARIES N 23°42'30" W A DISTANCE OF 8.24 FEET; THENCE LEAVING SAID BOUNDARIES N 52°18'53" F A DISTANCE OF 15.55 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 41.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 54°25'30" AN ARC DISTANCE OF 38.95 FEET; THENCE S 73`15'37" E A DISTANCE OF 4.48 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 43.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL. ANGLE OF 16'20'57" AN ARC DISTANCE OF 12.27 FEET TO AN INTERSECTION WITH THE SOUTH BOUNDARY OF SAID PARCEL"L"AND SAID NORTH RIGHT-OF-WAY; THENCE ALONG SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-WAY S 62°38'18" W A DISTANCE OF 13.93 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY WHOSE RADIUS POINT BEARS N 14°22'49" E AND HAVING A RADIUS OF 51.00 FEET: THENCE LEAVING SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°21'34"AN ARC DISTANCE OF 2.10 FEET; THENCE N 73°15'37" W A DISTANCE OF 4.48 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 33.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 54°25'30" AN ARC DISTANCE OF 31.35 FEET; THENCE S 52'18'53" W A DISTANCE OF 17.54 FEET Ti AN INTERSECTION WITH SAID WEST AND EAST BOUNDARIES AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 504 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD2 Page 4 of 4 168 1 EXHIBIT"C" 1, Grant of Easement from Coral-Ridge-Collier Properties, Inc., a Florida corporation to Collier County, a political subdivision of the State of Florida, dated October 28, 1981, and recorded December 2, 1981, in Official Records Book 949, Page 143, of the Public Records of Collier County, Florida. 2. Development Order 77-1 as to Pelican Bay, dated April 19, 1977, and recorded February 26, 1990, in Official Records Book 1507, Page 2291; Amendment recorded in Official Records Book 1507, Page 2314, both of the Public Records of Collier County, Florida. 3. Grant of Non-Exclusive Easement from Pelican Bay Foundation, Inc., a Florida not- for-profit corporation, to Collier County, a political subdivision of the State of Florida, dated September 29, 2000, and recorded June 12, 2001, in Official Records Book 2841, Page 786, of the Public Records of Collier County, Florida. 4. Restrictions, conditions, reservations, easements, and other matters contained on the plat of Pelican Bay Unit One, as recorded in Plat Book 12, Page 47, of the Public Records of Collier County, Florida. n �i an tl 0 168 1 PROJECT: PB Sidewalk Improvements Phase 2 Parcel No.:66280200004&66280240006 RIGHT OF ENTRY KNOW ALL MEN BY THESE PRESENTS that PELICAN BAY FOUNDATION, INC., formerly known as Pelican Bay of Naples Foundation,Inc.,a Florida not-for-profit corporation,whose mailing address is 6251 Pelican Bay Blvd., Naples, FL 34108, hereinafter known as "Grantor", for and in consideration of Ten Dollars($10.00)and other valuable consideration to them in hand paid,does hereby grant unto Collier County,a political subdivision,whose post office address is 3335 Tamiami Trail East,Suite 101,Naples,FL 34112, its successors, assigns, agents, or contractors hereinafter known as "Grantee", the temporary license and right to enter upon the lands of the Grantor,as described on Exhibit"A",which is attached hereto and made a part hereof to remove existing portions of the sidewalk and replace the new sidewalk into a permanent easement adjacent to Grantor's property. Exhibit "B-1", Exhibit "B-2" and Exhibit"B-3"are drawings and aerial overlays of the work site areas. (Wherever used herein the terms"Grantor"and"Grantee"include all the parties to this instrument and their respective heirs,legal representatives,successors or assigns,regardless of the number and gender in which used.shall be deemed to include any other gender or number as the context or the use thereof may require.) This Property IS NOT Grantor's Homestead ALL RIGHT AND PRIVILEGE herein granted shall remain in full force and effect for a period of one (1)year from the completion of the work and the contractor warranty for the construction has expired. ADDITIONALLY,the rights and interest granted hereunder are conditioned upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use of the lands described in Exhibit"A"and agrees to provide Grantor with advance notice when exercising its rights hereunder. Grantee further agrees that it shall,at the Grantee's cost,repair any surface damage caused to Grantor's property as a result of Grantee's exercise of its rights hereunder. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in Grantor's name this f(' day of NCJrYM6cr ,2021. r `�� 1._i aPELICAN BAY FOUNDATION,INC., formerly With s(Sig ur I known as Pelican ay of Naples ' 1 Foundation,Inc.,a�Florida not-for-profit P+ ��er Y I I - Aos„S4 ,:sc., corporati 4i r �11 (� 111 A &..11L ���J Wit ess(Signature)(� �/-��. JAMES .HOPPE1. fEADT,Preside Print Name: : "^'Q" ('—"' r c FL STATE Of ) COUNTY Of C4(fltr ) The foregoing Right of Entry was acknowledged before me by means of 0 physical presence or 0 online notarization this (C' day of atlYtowirer , 2021, by James F. Hoppensteadt, as President, on behalf of Pelican Bay Foundation,Inc.,formerly known as Pelican Bay of Naples Foundation,Inc.,a Florida not-for- profit corporation,who: is personally known •me; 0 has produced hi her current iv- .-nse:or 0 has produce. ..identif ation. Notary '_•nature ' Print Nam- LI SGv4 (j,) ... Commission# _Exp: Ap oved as to for d ality \�o��A'!IP�e�' visa A Warred ..v ,= Comm.:H 167625 JEN A.BELP DI .Assist t County Attorney �;��. •'o�$ Expjres:Aug,30,2025 OFf1' Notary Public•State of Florida 'inn mo��`` 169 1 :.a.WH Lv1i: I Cw�+A.i a.�Nea -� :e6 3it.-.-, ,, • EX • 7�7+ +s.... lT ',��� .44' ivs! -A! 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The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney ) 112ZIai 2. BCC Office Board of County b� 'I��I Commissioners -/51 �, 3. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION cs r'al a; pry Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Cindy M. Erb Phone Number 239-252-8917 Contact/ Department Agenda Date Item was « I Agenda Item Number f� Approved by the BCC 02)c3 J p2 U I 6:-') /Cf1 51 ) Type of Document / Number of Original Attached CTs j TN dYt }P D, uments Attached J PO number or account Account: Fund , Cosh enter /� /� I <z) number if document is Object Code 649030, Prol ct k �� 1 l� to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 6 t4 -- 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed zadb by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's y� signature and initials are required. .mil I cJ 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on .I ,3 D j ') ,and all changes made during the meeting have been incorporated int e attached document. The f1E County Attorney's Office has reviewed the changes,if applicable. ____________�N 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 e 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1.. County Attorney Office County Attorney Office a 11 2. BCC Office Board of County �^1 I Commissioners 3. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec Phone Number 239-252-5805 Contact/ Department Agenda Date Item was 02GI3/2010 Agenda Item Number 16.B.2r Approved by the BCC Resolution 2010-39 Type of Document Purchase Agreement Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? STN 0 u 2. Does the document need to be sent to another agency for additional signatures. If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on_02/23/2010_ and all changes made N/A is not during the meeting have been incorporated in the attached document. The County KD an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the3 an option for Chairman's signature. this line. Please scan under BMR Real Property—50238—Stormwater Cross Street Culverts I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 168 1 MEMORANDUM Date: December 2, 2021 To: Karen Dancsec, Property Acquisition Specialist TECM Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Agreement - Project #88888 Goodland Drive Parcel: 162DE; Folio #46372600008 Attached for your records is a copy of the document referenced above, (Agenda Item #11D) approved by the Board of County Commissioners on Tuesday, February 23, 2010. The original agreement will be held in the Minutes and Records Department in the Board's Official Records. If you have any questions, please call me at 252-7240. Thank you. Attachment 168 1 PROJECT: 88888 — Goodland Drive PARCEL: 162DE FOLIO: 46372600008 AGREEMENT THIS AGREEMENT (hereinafter referr d to as the "Agreement") is made and entered into on this ?'7i`day of C.ei-Ai2 2021, by and between GREG and TAMMY BOHLKE, husband and wife, whose mailing address is 129 Maple Drive, Shohola. PA 18458 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non-exclusive Drainage Easement without responsibility for maintenance over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached hereto and made a part of this Agreement; and WHEREAS, the County will construct the project in substantial conformity with the construction plan sheet attached hereto as Exhibit"B" and made a part of this Agreement; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall convey the Easement to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a properly executed easement instrument) is hereinafter referred to as the "Closing." Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, de) O I __ 168 1 release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the Closing Documents, properly executed. witnessed, and notarized where required, in a form acceptable to County. 3. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents. whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. CURATIVE INSTRUMENTS AND PROCESSING FEES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable Costs incurred and/or processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement. County shall have sole discretion as to what constitutes "reasonable costs and/or processing fees." 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement by Owner is contingent upon no other provisions. conditions, or premises other than those so stated above, and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 7. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. Signatures appear on the following page. 70'G I 6 8 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY:, ^,�., ' DATED: vh 1.) ATTEST: "- BOARD OF COUNTY COMMISSIONERS CRYSTALK. KINZEL'Clerk of the COLLIER COUNTY, FLORIDA Circuit Court & O.trriptroller BY: _ BY: eputy a►r 11 's T OR, Chai an Attest as to C an signature only. AS TO OWNS DATED: j(�OWNER: Witness (Signature) GREG B HL Name (Pr. t or Type) Y BOHLKE ness (5�g" natureG") Name (Print or Type) Approved as to form and legality: 1 � \ 11` , 1` Jennifer A. Belpedio V Co Assistant County Attorney �' EXHIBIT 1 i ® 1 LEGAL DESCRIPTION & SKETCH , DRAINAGE EASEMENT N 1 SECTION 18, TOWNSHIP 52 SOUTH, RANGE 27 EAST ~ P.O.B. COLLIER COUNTY, FLORIDA 1. : P.O.C. N 85°17'17' E f� NORTHWEST 30.0'(P) _' ' L1 CORNER LOT 1 <:__ �_, ; �� L2 s CANAL. Z 0 cp WATERWAY (P) j {rS '_s✓ 50' (P} 0 10 20 CO✓ ._1 �l0 INTENDED DISPLAY SCALE: 1"=20' P. VP` co N 85°17'17" E 0. 62.80' 62.81'(P) GI 0 O O a C �07- DRAINAGE `A o� EASEMENT TE - ROW �` v, AREA = 617 SQUARE FEET N JUL 2 2 2021 o�► O p I� L LL ,- ✓ CTf (II N_ °u3 1 T "= o LOT 1, BLOCK C, GOODLAND ISLES ko A = DELTA ANGLE OF CURVE FIRST ADDITION o (F) = FIELD P.B. 8, PG. 1 0 C.B. = CHORD BEARING C.D. = CHORD DISTANCE L = LENGTH OF CURVE (P) = PLAT A = 76°30'00"(P) P.B. = PLAT BOOK L = 33.381(P) PG. = PAGE R = 251(P) P.O.B. = POINT OF BEGINNING C.D. = 3Q95' P.O.C. = POINT OF COMMENCEMENT C.B. = N 56°27'43" W R = RADIUS 50.29'(P} S 85°17'17" W LINE TABLE `J LINE BEARING DISTANCE 'I ' -• .• t^ II L1 N 85°17'17" E 5,88' ALL DISTANCES,,-' R R 'COAL IIJL�'A'�9 •"' Ili UNLESS OTHEE SE NOTED. '�%'.'."I': • L2 N 85°17'17" E 24.12' ✓ v : r nt r. L3 S 18°12'43" E 14.29' :.$ '`: 1, "'"' : '.' L4 S 57°46'47" W 30.07' a " ' ` r' L5 N 57°46'47" E 5.90' I ti �'P ` ER o i , PROFE'5 J9NAL,SYGRVEYOR AM6`MAPPER L6 N 18 12 43' W 2.80 FLORl A'tERRT/FiCA16.'yO. 5688 NOT VALID WITHOUT'THE ORIGINAL SIGNATURE AND NOT VALID WITHOUT THE ATTACHED DESCRIPTION. THIS IS NOT A SURVEY SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. J AIM Engineering&Surveying,Inc. LEGAL DESCRIPTION & SKETCH 2161 FOWLER STREET, SUITE 100 FORT MYERS, FLORIDA 33901 www.aimengr.com DRAWN: CHECKED: CLIENT: PHONE (239)332-4569 SiN 7-12-21 RLP 7-14-21 COLLIER COUNTY TOLL FREE(8001 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY: `A I M LICENSED BUSINESS No. 3114 21-1233 18 52 S 27 E COLLIER SHEET 1 OF 2 J 166 1 LEGAL DESCRIPTION & SKETCH DRAINAGE EASEMENT SECTION 18, TOWNSHIP 52 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA DRAINAGE EASEMENT That part of Lot 34, Block B, of G00DLAND ISLES, according to the plat thereof, as recorded in Plat Hook 6, Page 7,of the Public Records of Collier County, Florida, lying in Section 18, Township 52 South, Range 27 East, Collier County, Florida, being more particularly described as follows: COMMENCE at the southwest corner of said Lot 34, said corner being on the easterly right of way line of Goodland Drive West; thence departing said easterly right of way line, run along the south line of said Lot 34, North 85'17'17" East, 5.88 feet to the POINT OF BEGINNING; thence departing said south lot line, North 57°46'47" East, 24.17 feet to the easterly line of said Lot 34 and the westerly line of a canal, 50 feet wide; thence along said easterly lot line and said westerly canal line, South 18'12'43" East, 11.48 feet to the southeast corner of said Lot 34; thence departing said easterly lot line and said westerly canal line, run along the south line of said Lot 34, South 85'17'12"West,24.12 feet to the POINT OF BEGINNING. Containing 135 square feet,more or less. THIS IS NOT A SURVEY t AIM Hngincertng&Surveying,Inc. I t.GAL DESCRIPTION A SKI ICII 2)61 rowtEH s7Hftr, sun: too E. on/ mites. 1tottlim 13901 wrivrv.atmpnyt.tom DnnY1N; tNCCK7.I CT PHONE (219)3324369 S1M 7-]i-7J RLP 1-I4-J COLLIER COUNTY colt rRrr HMO))'f NSCS coons; No: srcnoN• towNsluP: .�T:<,i• MONT, A M L1crNstf) NOS INLSS No. .ftto 211211 IN 51 5 I COI t1hN SMFFT 2 OF 2 / I 16B 1 2'0'4 "000'£0-51919 3100 02000 0316'35 ONV 0311015 171011910 3113 011101110313 31-11 5/ 133115 51N1 30 010J3N 701J1330 31.11 1- W O l0 S Z h w W(-------------------__ I O p - 1 � O -_ Qo�wQp_ W z� e 0 p� Y�O H w W C 02 JM22.� 2p?3TN 2 �ti m„M p2W � I 1 o10 z1 >�U. 1010Lz1 b 1 1 w at, mz ?m¢io ..,N,_ k 1 1 , w 2 Q WIW- C O��OJO g mLL pw o ti 49 I z C S ?W O¢ po^ 2me�p 2, 2 0 WI I I . _ w w m < mN W M?W o Z.:: � W' S W a m z w-' '' p W F'i p¢ 1 O 10h WF- s m mn ��W',: Q > mW . m p F O>R z,. h02 C p�JF-IY K ,I-/1 Q Wml� Oa 0_m W W 2 W I> m.�QS:WHO -+V P W ZQ2p O O oWj Uf 2 O R O 2�p OFk wOm 3- F a Q 2�0 ` W .y 1�I-O 2p m W wW J xwF Q� ¢ Y Q V 2 2 ti m m L 10 w I. ly 0. or, WW >, W 4 10 -J JOo oQ W w m h W �� W p w U. 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N I N 1� �O (n j� ___ L. { I S �V �1- w,2zrvpj Z o p�Z U 4£ .09 1 u L11 w cc cc a om3M0 io Z z 13 eoo �_�p_ 10 �U U/ \ ¢ [C I o \ IZ 2 j rim _, �2Q I ° I o ,QLL c, __ F lQYQ>S2 O ` ` 4YKolC 1 4b /{A 1 O u5y sua,l,2uol6uLVs,(In/(0L4L0/IU0l 015/I(000/Fl,0/IZI01/V'Vd/ e�,iV 5 yry Zy:IZ�li IZOZibe/01 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 H TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Jennifer A. Belpedio, Assistant County County Attorney Atty., County Attorney's Office 2. BCC Office Board of County Commissioners 3. Minutes and Records Clerk of Court's Office irc •/�� r f°.( 11 PRIMARY CONTACT INFORMATION el-a( a•Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one o the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Sonja Stephenson Phone Number 239-252-8073 Contact/Department Agenda Date Item was February 23,2010 Agenda Item Number 16 B 1 Approved by the BCC Type of Document Donation Agreement Number of Original 1 Attached Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 5 r0 N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on February 23,2010,and all changes made SS during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. (�� I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 166 1 Memorandum TO: Minutes & Records Management FROM: Sonja Stephenson, Real Property Management DATE: 11-19-2021 RE: Pelican Bay Sidewalk Improvements Phase 2 — Breakwater This item is being accepted by the BCC under Resolution 2010-39 which was approved on February 23, 2010, Agenda Item 16B1. Please attest to Commissioner Taylor's signature as Chair on the Donation Agreement. Once attested, please forward a copy of the Donation Agreement, by email, for my files. Please contact me if you have any questions or comments at Extension 8073. Thank you. t Iq � II 168 1 MEMORANDUM Date: December 2, 2021 To: Sonja Stephenson, Sr. Property Acquisition Specialist Real Property From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Donation Agreement Folio #66679081009 Attached is a copy of the agreement referenced above, (Agenda Item #16B1) approved by the Board of County Commissioners on Tuesday, February 23, 2021. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment 168 1 PROJECT: PB Sidewalk Improvements Phase 2 Parcel No.:66679081009 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between THE BREAKWATER COMMONS ASSOCIATION, INC., a Florida not-for-profit corporation, (hereinafter referred to as "Grantor"), whose mailing address is c/o Southwest Property Mgt, 1044 Castillo Dr., STE 205, Naples, FL 34103, and COLLIER COUNTY (hereinafter referred to as "Grantee"),whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH: WHEREAS, Grantee has requested that Grantor convey to the Grantee a perpetual, non- exclusive easement for the purpose of constructing, and maintaining, of a sidewalk upon and across the lands described in Exhibit "A" hereinafter referred to as the ("Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Grantor desires to convey the Property to Grantee for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Grantor recognizes the benefit to Grantor and desires to convey the Property to the Grantee for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by Grantee; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Grantor shall convey the Property via a Sidewalk Easement to Grantee at no cost to the Grantee, unless otherwise stated herein. 2. Prior to Closing, Grantor shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Grantor shall provide such instruments, properly executed, to Grantee on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Grantee executes this Agreement; provided; however, that Grantee shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Grantee's enjoyment of the Property. 4. Grantor is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 0,0 1 168 1 5. Grantor represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Grantee; that the Grantor has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the Grantee, that the Grantor has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Grantor shall indemnify, defend, save and hold harmless the Grantee against and from, and to reimburse the Grantee with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Grantee by reason or arising out of the breach of Grantor's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The Grantee shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. Grantee shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Grantor. The cost of a title commitment shall be paid by Grantee. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Grantor is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Grantor holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Grantor shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Grantee, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida G4,0 Donation Agreement 2 168 1 IN WITNESS WHEREOF, the has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: a-a.b `Ip.Z15:: 1} - AS TO GRANTEE:DATED oeje, I of r� OL ATTEST: nl' •"�t� ,., CRYSTAL K. KINZEL, Clerk of"the Circuit BOARD OF COUNTY COMMISSIONERS Court and Comptroller • COLLIER 0 Y, FLORIDA )14attAt — BY: Attest,s to Chairm t lerk a". NY T LOR, Chair signature only. , AS TO 'AN OR: 41§111 AI, — ____ ! THE BREAKWATER COMMONS ASSOCIATION, INC., a Florida Witness(Si. ature) / not-for-profit corporation Print Name ��Z:V--UJ.f C'�- (-1-7 Witness(Signature) Gregorc-B JYopatrick, its President Print Name: i toez v )Q Approved as to form apd legality: `re' Jen ' r A. Belpedio \^ Assistant County Attorney `0 0 GQ' Donation Agreement 3 • • • i 66 l • EXHIBIT A .._M. . Pag.J f ,o. • • P.O. _ _VAND ERBILT SCALE: 1"= 30' g�C=4 V \ \ • _ • a GENERAI NOiFL h - - I. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. • -_ 2. BEARINGS AND COORDINATES ARE BASED ON IRE FLORIDA STATE _ PLANE GRIDEAST ZONE.83/90 ADJUSTMENT. 5 8Q0B'20•E / > >- 3. THE LEGAL DESCRIPTION FOR THE PARCEL IN THIS SKETCH AND �.Op' I Ll - - DESCRIPTION IS WRITTEN 1N A CLOCKWISE DIRECTION. • P.O.B. S.E. 34 Breakwater • - __ Folio Number:66679081009 4. P.O.C.=POINT OF COMMENCEMENT. �uI `�'' iiAlTll IIr71j1 S.E.B.SIDEWALK EASEMENT. T OF G QI - PELICAN SAY UNIT NINETEEN A`'aQ'.. 'H.9 C r'', (P.B.22,POD.15-15) • ' , .P„Vic 4.. 4, I PARCEL"g. 7.=#' Na.5806 *- 2( :'¢'PREPARED FOR THE BENEFIT OF: PELICAN BAY SERVICES DIVISION GI .. Q wr y..eru.e.n. ( • LINE TABLE "'N '.,,C LINE BEARING DISTANCE �:�F9 .�O R IOP�b.�'� George W.Haamy °i»+'-"+.�-�-. • LI 5 74'45.064 E 2.59' F03 OP a` GEORGE W.H :Nucx.�..,M'"yg�� �I / L2 5 15'54'03'W 15.09' �71jUfl,,,,,, w . l3 N 74'05.57'W 1.00' II Il lllllaa L4 N 09'57'4D"E 15.15' i I NOT A SURVEY I 1O0 PELICAN BAY SERVICES DrVISION '� I • BHP: SNETCN AND DFSCp1P'1'ION OF grIBM ( 1 PART OF PARCEL'0'.PWCANBAYOUNIT NINETEEN (P.B.22,PCs.15-15) i COWAN COUNTY,FLORIDA I l bit: pa: dole: prolimmalani G ARBER RIL 28,2021 Iscale"...• ( ni k 90' Ir •• ��7JJJJJJ • cog.P I I iin I • �RDNOAGE,r+e L— 20-0022.CA0 Proleaionel' npnesrs,planners.surreye.o N landseape ere Pleels LEGAL DESCRIPTION ATTACHED ,,,,,,,,a",e,,,,,,,," =— fur I>NIII=.."`'`""'"--I 168 . 1 �11111111111r�GNOLI EXH I BIT) 7400 Trail Blvd., Suite 200 wl��t��lsb !=age ._of �. . . Naples, FL 34108 ""'�"'"'insai . .At n Tyr nor,A o PH: (239) 597-31 1 1 IIB�lQl�Nf4 www.ABBINC.com """1N .•.ir.ntr DRUNDAGE, INC. Prarmion,l Eelincm,Phan"&Ingots.:laadsa,+t Architcos LEGAL DESCRIPTION SIDEWALK EASEMENT 34 ALL THAT PART OF PARCEL`B", PELICAN BAY UNIT NINETEEN,AS RECORDED IN PLAT BOOK 22, PAGES 15-16,COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF VANDERBILT BEACH ROAD AND N POINTE DRIVE; THENCE ALONG THE CENTERLINE OF N POINTE DRIVE S 09°51'40" W A DISTANCE OF 85.93 FEET; THENCE LEAVING SAID CENTERLINE S 80°08'20" E A DISTANCE OF 50.00 FEET TO AN INTERSECTION WITH THE WEST BOUNDARY OF SAID PARCEL`B",THE EAST RIGHT-OF- WAY OF N POINTE DRIVE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING • DESCRIBED; THENCE S 74°45'06" E A DISTANCE OF 2.59 FEET; THENCE S 15°54'03" W A DISTANCE OF 15.09 FEET; THENCE N 74°05'57" W A DISTANCE OF 1.00 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY; THENCE ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT=OF-WAY N 09°51'40" E A DISTANCE OF 15.15 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. • CONTAINING A TOTAL AREA OF APPROXIMATELY 27 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD18 • Page 2of2 . ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP( .b 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Jennifer A. Belpedio, Assistant County County Attorney iC)‘-13 )1 l2Zla 1 Atty., County Attorney's Office 2. BCC Office Board of County 11 Commissioners ., 1d10 1 3. Minutes and Records Clerk of Court's Office pd- rei , 7 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Sonja Stephenson Phone Number 239-252-8073 Contact/Department Agenda Date Item was February 23,2010 Agenda Item Number 16 B 1 Approved by the BCC Type of Document Donation Agreement Number of Original 1 Attached Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? S 1 Oy{ N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on February 23,2010,and all changes made SS during the meeting have been incorporated in the attached document. The County ' ton Attorney's Office has reviewed the changes,if applicable. I' 9. Initials of attorney verifying that the attached document is the version approved by the 1 is e:�BCC, all changes directed by the BCC have been made, and the document is ready for the it, •s Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 tie I Memorandum TO: Minutes & Records Management FROM: Sonja Stephenson, Real Property Management DATE: 11-19-2021 RE: Pelican Bay Sidewalk Improvements Phase 2 — Carlton Place This item is being accepted by the BCC under Resolution 2010-39 which was approved on February 23, 2010, Agenda Item 16B1. Please attest to Commissioner Taylor's signature as Chair on the Donation Agreement. Once attested, please forward a copy of the Donation Agreement, by email, for my files. Please contact me if you have any questions or comments at Extension 8073. Thank you. alfi 166 1 MEMORANDUM Date: December 2, 2021 To: Sonja Stephenson, Sr. Property Acquisition Specialist Real Property From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Donation Agreement Folio #25555000608 Attached is a copy of the agreement referenced above, (Agenda Item #16B1) approved by the Board of County Commissioners on Tuesday, February 23, 2021. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment 168 1 PROJECT: PB Sidewalk Improvements Phase 2 Parcel No.:25555000608 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between CARLTON PLACE OF PELICAN BAY CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation, (hereinafter referred to as "Grantor"), whose mailing address is 5435 Jaeger Rd #4, Naples, FL 34109-5802, and COLLIER COUNTY (hereinafter referred to as "Grantee"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH: WHEREAS, Grantee has requested that Grantor convey to the Grantee a perpetual, non- exclusive easement for the purpose of constructing, and maintaining, of a sidewalk upon and across the lands described in Exhibit "A" hereinafter referred to as the ("Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Grantor desires to convey the Property to Grantee for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Grantor recognizes the benefit to Grantor and desires to convey the Property to the Grantee for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by Grantee; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Grantor shall convey the Property via a Sidewalk Easement to Grantee at no cost to the Grantee, unless otherwise stated herein. 2. Prior to Closing, Grantor shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Grantor shall provide such instruments, properly executed, to Grantee on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Grantee executes this Agreement; provided; however, that Grantee shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Grantee's enjoyment of the Property. 4. Grantor is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 0 168 1 5. Grantor represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Grantee; that the Grantor has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the Grantee, that the Grantor has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Grantor shall indemnify, defend, save and hold harmless the Grantee against and from, and to reimburse the Grantee with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Grantee by reason or arising out of the breach of Grantor's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The Grantee shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. Grantee shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Grantor. The cost of a title commitment shall be paid by Grantee. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees,whenever the context so requires or admits. 9. Conveyance of the Property by Grantor is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Grantor holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Grantor shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Grantee, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes,whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida 0 Donation Agreement 2 1 b8 1 IN WITNESS WHEREOF, the has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: a-3,1 oW►V ' 10 I Zo In-39 AS TO GRANTEE: DATEDCt . I,•p '?I 9 _.s;, ,. O� ATTEST: CRYSTAL K. KINZEL, C(erk'ot the Circuit BOARD *F COUNTY COMMISSIONERS Court and Comptroller COLLI 'le TY, FLORIDA -A IP I L.. BY. s epu ler* PENNY YLOR, Cha Atte�as to Chairman's signature only. AS TO GRANTOR: j 11(' CARLTON PLACE OF PELICAN BAY Witness(Signature) CONDOMINIUM ASSOCIATION, INC., Great/ . OF-p(C 11-F a Florida not-for-profit corporation Print Name ti Witness(Si 77 Larry Gutowsky, it President Print Name: �14"r"T` o Approved as to form and legality: Jenr A. Belpedio Assistant County Attorney `0 O Donation Agreement 3 168 1 EX tBt , 1 1 1 i 1 II!) 1 11 pa. CREEK CONDOMINIUM (� 1 1 1R.1924,PGS.69-T69) W 1 t 1 SCALE: 1'=50' 1 , I 1 1 1 I 1 I CFIRFRAL NOTERL 1 1 P.O.C. S.E. 16a & 16b 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 1 NORTHWEST CORNER OF 11 CARLTON PLACE 2. BEARINGS AND COORDINATES ARE BASED ON THE FLORIDA STATE LINE TABLE S.E. 16b PLANE GRID.EAST ZONE,83/90 ADJUSTMENT. 1 LINE BEARING DISTANCE 3. THE LEGAL DESCRIPTION FOR THE PARCEL IN THIS SKETCH AND Ct Ll S 20'30'S7'E 8.82' N L2 N 10'32'58•W 29.00' DESCRIPTION IS WRITTEN IN A CLOCKWISE DIRECTION. 1 N m 4. P.O.C.=POINT OF COMMENCEMENT, CURVE TABLE S.E. 16b P.O.B.=POINT OF BEGINNING. 1 `e CURVE RADIUS DELTA ANGLE ARC LENGTH �1"""""'rr S.E.=SIDEWALK EASEMENT. ''',1 C1 41.00' 26'44'47' 19.14' .`apEW•Nq C��. 1 c C2 68.00' 1'12'37' 1.44' �S�OQ t1FICgjkj: 1 n • P.O.B. S.E. 16b *; F"�#St No.560E m are 5 STATE OF e y.. PREPARED FOR THE BENEFIT OF: PELICAN BAY SERVICES DIVISION tI 11 'N.�.•..(.• P%• 4,.. 44.,abcwq.w. •a 0 C2 CARLTON PLACE,A CONDOMINIUM ;4•9'•L OR1c.• '''. r (O.R.1600,PG.1824) •.,,FO S H 0 '2 Georpe W.H&ckn "`'^ URyE g P.O.B. S.E. 16o Master Folio#66679000158 "" GEORGE W.F , lty 1 z m m LINE TABLE S.E. 16a 1 C ,2 LINE BEARING DISTANCE r ''N LI N 10'32'S8'W 28.93' NOT A SURVEY �y • for: PELICAN BAY SERVICES DIVISION 'design: I A 1 CURVE TABLE S.E. 16a title: SKETCH AND DESCRIPTION OF drawn: 1 0 1 CURVE RADIUS DELTA ANGLE ARC LENGTH 6OF A1.IC EASEMENTS 1Se 0 18b AAN I Cl 684T.00' 1'58'52' 2.35' PART OF CARLTON 0,PD.A CONDOMINIUM checked: C2 41.00' 3T58.48" 27.18' (MR.l800,PC.I884) G11R COLLIER COUNTY,FLORIDA i aced#: I 11 ,eR • bk: P9: date: I eTµs-sO$t4 �L APRIL 27,E021 PrLIMI P. �:: GGNOLI stole: I OARBER & 1'=50' s 0-0022 I I sago/: 1 I 20-0022.GRD sheet#: 1 RUNDAGE,we e t 3 Professional engineers.planner..surveyor.&landscape architect. ', LEGAL DESCRIPTION ATTACHED aeall,r ar4.n.en.Ha w:"°'r° ([1110 a-e11 ej Im'I"'r." :Il #: ` .a....an aea... .12735 d 1 8 1 . 'IC �r�r�t 7400 Trail Blvd., Suite 200 au., GN®LI ��1E Naples, FL 34108 ■a..a PH: (239) 597-31 1 1 $i*IUP AKBER & 'B" RUNDAGE, INC. ■■■...P LEGAL DESCRIPTION SIDEWALK EASEMENT 16a ALL THAT PART OF CARLTON PLACE,A CONDOMINIUM,AS RECORDED IN OFFICIAL RECORDS BOOK 1600,PAGE 1824,COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID CARLTON PLACE,SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF PEBBLE CREEK CONDOMINIUM,AS RECORDED IN OFFICIAL RECORDS BOOK 1924,PAGES 69-169,COLLIER COUNTY,FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID CARLTON PLACE AND SAID EAST RIGHT-OF-WAY S 10°32'26"E A DISTANCE OF 167.31 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS N 63°52'51" E AND HAVING A RADIUS OF 68.00 FEET AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°58'52"AN ARC DISTANCE OF 2.35 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 41.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37°58'48"AN ARC DISTANCE OF 27.18 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY; THENCE ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 10°32'58"W A DISTANCE OF 28.93 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 50 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD14 Page 2 of 3 EXN TA 168 1 MMM�M '"'�isommi °f 7400 Trail Blvd., Suite 200 MOPGNOLI Naples, FL 34108 ■MMMMii 239 PH: ■MMMM■ (239) 597-31 1 1 MMMMMp ARBER & d;• .%.ABBlNC.com M■■■M■1fi �iiiiir RUNDAGE, INC. •i..i,,,,.,.,1 I wpru rr.,Kaercr.. ..r•cta�.\ 1 r,J...y.r Ar,k,ar.i. i• LEGAL DESCRIPTION SIDEWALK EASEMENT 16b ALL THAT PART OF CARLTON PLACE,A CONDOMINIUM,AS RECORDED IN OFFICIAL RECORDS BOOK 1600,PAGE 1824,COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID CARLTON PLACE, SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF PEBBLE CREEK CONDOMINIUM,AS RECORDED IN OFFICIAL RECORDS BOOK 1924,PAGES 69-169,COLLIER COUNTY,FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID CARLTON PLACE AND SAID EAST RIGHT-OF-WAY S 10°32'06" E A DISTANCE OF 101.81 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY S 20°30'57"E A DISTANCE OF 8.82 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 41.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°44'47"AN ARC DISTANCE OF 19.14 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 68.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°12'37"AN ARC DISTANCE OF 1.44 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY; THENCE ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 10°32'58" W A DISTANCE OF 29.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 39 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD14 Page 3 of 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 61 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Jennifer A. Belpedio, Assistant County County Attorney 9.000)) l1 2-1- I a.‘Atty., County Attorney's Office 2. BCC Office Board of County Commissioners , ).SI te)' I ( 3. Minutes and Records Clerk of Court's Office (?1*-..al ' P' PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Sonja Stephenson Phone Number 239-252-8073 Contact/Department Agenda Date Item was February 23,2010 Agenda Item Number 16 B 1 Approved by the BCC Type of Document Donation Agreement Number of Original 1 Attached Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? S#' ( 6 N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed Y by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on February 23,2010,and all changes made SS during the meeting have been incorporated in the attached document. The County `-In op`., Attorney's Office has reviewed the changes,if applicable. is l'i 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for the d' Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 168 1 Memorandum TO: Minutes & Records Management FROM: Sonja Stephenson, Real Property Management DATE: 11-19-2021 RE: Pelican Bay Sidewalk Improvements Phase 2 — Chateaumere This item is being accepted by the BCC under Resolution 2010-39 which was approved on February 23, 2010, Agenda Item 16B1. Please attest to Commissioner Taylor's signature as Chair on the Donation Agreement. Once attested, please forward a copy of the Donation Agreement, by email, for my files. Please contact me if you have any questions or comments at Extension 8073. Thank you. I�I1y�Y� 1 66 1 MEMORANDUM DATE: December 2, 2021 TO: Cindy Erb, Sr. Property Acquisition Specialist Facilities Management Department FROM: Martha Vergara, Sr. Deputy Clerk Minutes and Records Department RE: Right of Entry and Gap Affidavit Pelican Bay Sidewalk Improvements Phase 2 (The Club at Pelican Bay, Inc.) Folio's: #66280200004 & #66280240006 Attached per your memo are the originals of the document referenced above, (Items #16B1) approved by the Board of County Commissioners on Tuesday, February 23, 2010. The Board's Minutes and Records Department has retained the original as part of the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachment 168 I PROJECT: PB Sidewalk Improvements Phase 2 Parcel No.:26030040001 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between CHATEAUMERE CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation, (hereinafter referred to as "Grantor"), whose mailing address is Southwest Property Management, 1044 Castillo Dr., STE 206, Naples, FL 34103, and COLLIER COUNTY (hereinafter referred to as "Grantee"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH: WHEREAS, Grantee has requested that Grantor convey to the Grantee a perpetual, non- exclusive easement for the purpose of constructing, and maintaining, of a sidewalk upon and across the lands described in Exhibit "A" hereinafter referred to as the ("Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Grantor desires to convey the Property to Grantee for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Grantor recognizes the benefit to Grantor and desires to convey the Property to the Grantee for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by Grantee; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Grantor shall convey the Property via a Sidewalk Easement to Grantee at no cost to the Grantee, unless otherwise stated herein. 2. Prior to Closing, Grantor shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Grantor shall provide such instruments, properly executed, to Grantee on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Grantee executes this Agreement; provided; however, that Grantee shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Grantee's enjoyment of the Property. 4. Grantor is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 1 16B 1 5. Grantor represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Grantee; that the Grantor has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the Grantee, that the Grantor has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Grantor shall indemnify, defend, save and hold harmless the Grantee against and from, and to reimburse the Grantee with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Grantee by reason or arising out of the breach of Grantor's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The Grantee shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. Grantee shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Grantor. The cost of a title commitment shall be paid by Grantee. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Grantor is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Grantor holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Grantor shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Grantee, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida O -J Donation Agreement 2 168 1 IN WITNESS WHEREOF, the has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: oZ Ja3 PO1D `-Z �/14• 16 6 AS TO GRANTEE: DATED: I 11 -7 ) a ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit BOARD F COUNTY COMMISSIONERS Court and.Comptroller COLLIE C Y, FLORIDA 416YJrff.1 BY: 1 rDep CI �� PENNY LOR, Chair Atte t as to Chauman s s'o rid w*oi y. AS TO GRANTOR: CHATEAUMERE CONDOMINIUM ASSOCIATION INC., a Florida not-for-profit corporation Witn ss(Signature) Print Name J 1 c S4eehcn)tyi Witness(Sign ture) Terry Thompson, its Presi ent Print Name: ((G fin/ ` ,r e74-- Approved as to form and legality: 53-) Jenni A.. Belpedio (> \r6:‘ Assistant County Attorney J Donation Agreement 3 168 1 ?ate 1 of • 1 \ LINE TABLE �l LINE BEARING DISTANCE L1 N 12'34'45"W 183.51' N t L2 N 12'34'45°W 40.65' 1 L3 S 18'23'46"E 9.83' t L4 S 20'27'26"E 8.69' CA t' CURVE TABLE SCALE: 1"=SO' CURVE RADIUS DELTA ANGLE ARC LENGTH r" CI 1140.00' 7-51'52" 156.48` t P.O.B. S.E. 9a C2 227.47' 703.35" 8.18' 1 - CO 21.00' 40'1E1'02" 14.77' Cl ,t CP 1 10 C CHATEAUMERE,ACONDOMINIUM r,FNFRAI NOTES r0 (O.R.1016,PG.584-586) L 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 1 a Master Folio#66280040002 2. BEARINGS AND COORDINATES ARE BASED ON THE FLORIDA STATE t PLANE GRID,EAST ZONE,83/90 ADJUSTMENT, 1 3. THE LEGAL DESCRIPTION FOR THE PARCEL IN THIS SKETCH AND DESCRIPTION IS WRITTEN IN A CLOCKWISE DIRECTION. ,t 4. P.O.C.=POINT OF COMMENCEMENT. 1 tt ,, P.0.8,-POINT OF BEGINNING. 1 S.E.-SIDEWALK EASEMENT. 1 o`.pEW•H.40r., it O?OO' to''L; t 2*' No 606 1*= t _7,1 1 ATE OF :E PREPARED FOR THE BENEFIT OF: PELICAN BAY SERVICES DIVISION '/',,,)FOBUORVEY..�4`s.,` George W.Hackneyy:,.'w...4,7.1.'*VZI t ,hpaag1e111pt. GEORGE A.HA '"Ss13fY,5kA5,"r 0 \ NOT A SURVEY (3O• PELICAN BAY SERVICES DIVISION design: title: SEETCA AND DESCRIPTION OF drawn: \ SIDERAIX EASEMENTS 9e h 9b 2dN PART OF CHATEAUMERE.A CONDOMINIUM checked: (D.A.1018,PGS.684—SBB) GEN COLLIER COUNTY,FLORIDA °cad ft: SANCTUARY AT PELICAN BAY ( N bk: pg: dote: 1E715—SD8 \ view: A CONDOMINIUM Hare APRIL E7,EDEI LIMITS P.O.C. S.E. 9a \ (O.R.848,PG.502) OLI scali"=DO' project p: SOUTHWEST CORNER RBER de e20-D02D t OF CHATEAUMERE , a■■■■^.-( CD8O�: l \ URUNDAGE,erc. EO-0022.CRD `•hee A: t\ Prclnnt°nal oe eu�n�xer.xxt°u planner.,surveyor. erases re&Iand.ap.erchitecte°r I l 4 LEGAL DESCRIPTION ATTACHED ;aa'�:;;op:""Inele e e g: Cie° l�I2735_, or A : i"i;mot Page Z- '1 - OZ _D mA • 0 i 07 E a •• in PC/cgN gqV gC)ip L. RO mz Cr m C7 C6 C5 40 C3 C?'Ci. __ O V Ogi R A W 2° m rr -•to'O tO 0 my Nam AW-W W WP6 8g8888a zco .6 oC rn.m. A� 5 mA pZ Om V:A A�OA.y�m {miizm rnA �rm- 0 o-,0 J WON Owl D 1 ?Ol 0g ,0 r r m m Fi JW� .I?G�O� ^, *M m 0n D 2 77 NWcn0 ti m tri o 61 61 O m G)< n b. cox 3 �? 0 0 z a H C) A x m d / a 1 fo ? W N , Rm p'■ � b mV O -o W O A 0_�� rr .g m �n-+ yII II �c� mc) p .b F y� mV� �r Ay (ZO °�' R. °o+°ai� y fzz zo oz a zzb F1 °'.,y f1 =3 t[j �r 1--11 N m 0 12i R H oo A vain z �� 70 mmm g {� 10 •g / 2 CA 0> r4*mE AO z p3 m ®P .'� '�' vd1i '.0 C/] zzm Zm ma 1 a 0Qa v ND .1 g ,12F, 2Qcoy O D > m6ry� m n ,,!,,OP° tt m D p Z A y )nw S�zzR.oA ,. 71 p, Dm .g m xac_D - Na II E. v a ., `nC m cnm 0o uqm o ° m O§ io', P.. cn"" oz mz m° . Oz A A oN � 15 p 6" C N z P m A i Yn ( v / i' S N V `-'N(°i 6 N\ 2 a 1%) o ? .°,,. ENnG]F;� � ZCA ST ..2 bm C! l r7* • 168 1 E;;I i t;.; EE Q! Page 3 t•ttti 7400 Trail Blvd., Suite 200 Win G110LI Naples, FL 34108 •tttr tttttt. •t•t�■ PH: (239) 597-31 1 1 •tt•aP ARBER C. www.ABBINC.0 ,,�a ttttt•iy ttttttt RU1'Dt1,GE, INC. •tttttr LEGAL DESCRIPTION SIDEWALK EASEMENT 9a ALL THAT PART OF CHATEAUMERE,A CONDOMINIUM,AS RECORDED IN OFFICIAL RECORDS BOOK 1016,PAGES 584-586,COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID CHATEAUMERE, SAID CORNER ALSO BEING THE NORTHWEST CORNER OF SANCTUARY AT PELICAN BAY,A CONDOMINIUM,AS RECORDED IN OFFICIAL RECORDS BOOK 946,PAGE 502, COLLIER COUNTY,FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID CHATEAUMERE AND SAID EAST RIGHT- OF-WAY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 69°33'23" E AND HAVING A RADIUS OF 1140.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°51'52" AN ARC DISTANCE OF 156.48 FEET; THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 12°34'45" W A DISTANCE OF 183.51 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 12°34'45" W A DISTANCE OF 40.65 FEET; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY S 18°23'46"E A DISTANCE OF 9.83 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 72°12'37" E AND HAVING A RADIUS OF 227.47 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°03'35"AN ARC DISTANCE OF 8.18 FEET; THENCE S 20°27'26"E A DISTANCE OF 8.69 FEET;TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 21.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40°18'02"AN ARC DISTANCE OF 14.77 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 72 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD8 Page 3 of 4 168 1 Fa o3 arr...r GIVC�LI 7400 Trail Blvd., Suite 200 am IIih Naples, FL34108 ■will■ PH: (239) 597.3111 1IIIP1 ARBER X # ww.ABBANC.cosummsbrr ""■•■•BRuNDAGE, INC. • LEGAL DESCRIPTION SIDEWALK EASEMENT 9b ALL THAT PART OF CHATEAUMERE,A CONDOMINIUM,AS RECORDED IN OFFICIAL RECORDS BOOK 1016,PAGES 584-586,COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID CHATEAUMERE, SAID CORNER ALSO BEING A SOUTHWEST CORNER OF PARCEL"M",PELICAN BAY UNIT TWO,AS RECORDED IN PLAT BOOK 12,PAGES 74-79,COLLIER COUNTY,FLORIDA AND THE EAST RIGHT-OF- WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE NORTH BOUNDARY OF SAID CHATEAUMERE AND THE SOUTH BOUNDARY OF SAID PARCEL"M"S 74°48'56"E A DISTANCE OF 2.77 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS N 78°38'20" W AND HAVING A RADIUS OF 76.00 FEET; THENCE LEAVING SAID BOUNDARIES ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°06'55"AN ARC DISTANCE OF 9.44 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 93.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°35'39"AN ARC DISTANCE OF 7.46 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 93.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°30'03"AN ARC DISTANCE OF 17.04 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 93.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°27'14"AN ARC DISTANCE OF 15.35 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 101.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°24'37"AN ARC DISTANCE OF 43.03 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 93.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°11'57"AN ARC DISTANCE OF 23.05 FEET; THENCE N 86°14'14"W A DISTANCE OF 1.00 FEET TO AN INTERSECTION WITH THE WEST BOUNDARY OF SAID CHATEAUMERE, SAID EAST RIGHT-OF-WAY AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS S 85°51'44"E AND HAVING A RADIUS OF 1140.00 FEET; THENCE ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°46'49"AN ARC DISTANCE OF 115.01 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 341 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD8 Page 4 of 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 8 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP R eUrOt n Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the docu nt is already complete with the exception of the Chairman's signature,draw a lme through routing lines#1 through#2,complete the checklist.and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office t l) .317.,.1 4. BCC Office Board of County .,-a Commissioners J I 5. Minutes and Records Clerk of Court's Office p 1.y� a( 9-; fyy. PRIMARY CONTACT INFORMATION `'�' . Normally the primary contact is the person who created/prepared the Executive Summary Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jay Malamphy Phone Number 8402 Contact/ Department Agenda Date Item was February 23,2010 Agenda Item Number 16B1 Approved by the BCC Type of Document Temporary Access Easement Agreement Number of Original Attached Documents Attached PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature? SSA ....rf OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on February 23,2010 and all changes made during the meeting have been incorporated in the attached document. The County /91 Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the GO Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 I68 1 EXHIBIT B PROJECT Carocti PUMP STATION I FOLIO 252250C^,7.'+r TEMPORARY ACCESS EASEMENT .S1` THIS TEMPORARY ACCESS EASEMENT I Easement i is mace and entered into this_f day of becembt4 2021 by CANOPY NEIGHBORHOOD ASSOCIATION, INC, a Florida not-for-profit corporation whose mailing address is C!O Guard!an Property Management 6704 Lone Oak Blvd Naples FL 34109 thereinafter referred to as -Grantor-) and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT whose mailing office address is 3335 East Tarmamr Trail Suite 101 Naples. Florida 34112 (hereinafter referred to as "Grantee") iWhereve•used here.r t"e terns'Grantor and Grantee are used for singula•or piu•a as the cortex!requires and include all the parties to this rnstn inert and their resoectve hers legs!rec'ese'tat ves successors and ass grrs WITNESSETH Grantor for and in consideration of TEN DOLLARS (S10 00i 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 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 described in Exhibit -A to facilitate Grantee s relocation of the fencing that encroaches on lands owned by Grantor into Grantee s existing utility easement area described in Exhibit 'A ' This Easement shall expire and terminate within the sooner of 180 days from the effective date of this Easement or upon Grantee s relocation of certain sections of the fence that are immediately adjacent to the lands described in Exhibit A or upon Grantees default of any terms or conditions in the Temporary Access Easement Agreement The Effective date of th s Easement shall be the date of recording IN WITNESS WHEREOF the GRANTOR has caused these presents to be executed the day and year first above written CANOPY NEIGHBORHOOD ASSOCIATION INC. INSTR 6168010 OR 6050 PG 1743 a Florida not for profit company RECORDED 12/3/2021 1.23 PM PAGES 2 /. CLERK OF THE CIRCUIT COURT AND COMPTROLLER �J,,�j BY r/'ti COLLIER COUNTY FLORIDA (.*O/V DOC@ 70$0 70 REC$18 50 Name i Title Pie)ritirl, Approved as to for n gaity Jennt°IA eip die Assist County Attorney 168 1 EXHIBIT A An area comprising of a 20-foot boarder directly outside and abutting lines 19 20 and 21 (L19. L20. and L21) of the existing County Utility Easement (CUE) located in Canopy tract '01" as shown and recorded in Plat Book 53 Page 86 of the public records of Collier County FL 166 1 PROJECT Canopy PUMP STATION 179 02 FOLIO 252250000e0 TEMPORARY ACCESS EASEMENT AGREEMENT THIS TEMPORARY ACCESS EASEMENT AGREEMENT ("Agreement") is made and entered by and between CANOPY NEIGHBORHOOD ASSOCIATION, INC, a Florida not- for-profit corporation whose mailing address is CIO Guardian Property Management, 6704 Lone Oak Blvd., Naples, FL 34109 (hereinafter referred to as"Association"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose mailing office address is 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112 (hereinafter referred to as"County"). WHEREAS, the Association owns lands described in Exhibit "A" ("Property"), which is attached hereto and made a part of this Agreement, and WHEREAS, the County has requested that Association grant to County a Temporary Access Easement as described in Exhibit "B" ("Easement"), which is also attached hereto and made part of this Agreement. The purpose of the Easement is to provide County temporary access to lands described in Exhibit"A" to facilitate County's relocation of fencing that encroaches on lands owned by Association into County's existing utility easement area ("Existing Easement") which is also described in Exhibit"A.", and WHEREAS, the Association desires to convey a Temporary Access Easement to the County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the County has agreed to the terms and conditions set forth herein; and NOW THEREFORE, in consideration of the foregoing, the sum of Ten Dollars($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: _ 1. Association shall grant County an Easement over, upon, and across the Property. The Easement shall expire and terminate within the sooner of 180 days from the effective date of this Agreement, or upon County's relocation of sections of the fence into the Existing Easement("Construction Period"), or upon County's default of any terms or conditions in this Agreement. If necessary the Easement may be extended for a reasonable amount of time in writing,and signed by the parties, by mutual agreement between County and Association. The effective date shall be the date on which the Easement is signed by the last party. 2 County acknowledges that Association will have access to the Property as needed during the Construction Period and that time is of the essence to complete construction within the Construction Period Unless the Easement is mutually extended, failure to complete construction and remove all equipment and restore Association lands within the Easement area prior to expiration of the Construction Period shall,at the Association's sole option, result in immediate termination of this Agreement and Easement 3. County shall pay all costs for recording the Easement (if recorded), as well as any other costs associated with the Easement, including but not limited to the costs of title commitment and title insurance policy,if required. 168 1 4. Association is aware of and understands that this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. County acknowledges that the Property will not be disturbed in any manner other than for the routine maneuverability of manpower and equipment related to the relocation of the fence from the Property to the Existing Easement that is immediately adjacent to Property. Any damage to Property, or any improvements thereon shall be promptly repaired at the sole cost and expense of County 6. County shall provide the construction superintendent's or project manager's name and phone number to Association prior to entering the Property County shall not commence any work or enter the Property until Association and County agree to a mutually acceptable date to commence construction and enter Property County shaii coordinate construction activities with Association and shall provide a list of all contractors that are to enter the Property and shall only hire or engage contractors that are licensed and insured If necessary, County shall locate all underground utilities prior to commencement of construction 7. Prior to completion of construction and within the Construction Period, County and/or its designee, at County's sole cost and expense, shall return impacted areas of the Property to preconstruction conditions or better. County and/or its designee will promptly repair or replace, at County's sole cost and expense, any hardscape or landscape surface and/or trees and landscaping, planting, fencing, screening or gates which have been removed or damaged with the same or equivalent materials,and to the satisfaction of Association. 8. County shall provide to Owner or Owner's Representative at Closing an amount not to exceed Seven Hundred and Fifty Dollars ($750.00)allowance towards the cost of reasonable attorney fees. 9. To the extent permitted by laws and as limited by pursuant to the provisions of Section 768.78, Florida Statutes, the County agrees to indemnify, defend and hold harmless Association, their employees, directors, officers, members and agents against any and all claims, loss and/or damages by or behalf of any person, employee or legal entity arising from the County's use of the easement or any negligent or intentional acts or omissions pursuant to this Agreement. Nothing is intended to alter the County's immunity in tort or otherwise impose liability on the County when it would not otherwise be responsible This provision shall survive Closing. 10. County shall be responsible for obtaining, at County's sole cost and expense, a commercial general liability policy that shall name Association as an additional insured. Commercial general liability limits shall not be less than Five Hundred Thousand Dollars ($500,000.00) per occurrence County shall provide Association with a copy of the foregoing policy or with a certificate of insurance prior to the commencement of work, and shall further provide evidence of renewals of the same prior to the expiration thereof 11. Should County be in default of any terms or conditions of this Agreement, the Easement shall terminate immediately, and County or its contractors, guests, and representatives, shall have no right to enter the Property. 12. This Agreement is governed and construed in accordance with the laws of the State of Florida. 13. This Agreement and the terms and provisions hereof shall be effective as of the date the Easement has been signed by the last party and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal 1 6 B 1 representatives successors successor trustee and assignees whenever the context so requires or admits IN WITNESS WHEREOF. the parties heretc gave executed this Temporary Construction Easement Agreement on this 3 day of _j\J �/ . 2021 Dated ProjectAcquisition Approved by BCC a `a 3 .3. 1 AS TO COUNTY DATED: 1v`a3A ATTEST BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATE -S R DISTRICT CRYSTAL K KINZEL. INTERIM CLERK 74-Vijkkl1/4.,. v-°a t BY. Attest as to Chairman s De uty envy Tay( . Cha)rpers signature only. . AS TO ASSOCIATION L,) WITNESSES / Cis :/ -, CANOPY NEIGHBORHOOD +/tneas al (Signature) ASSOCIATION INC a Florida not for profit company Witnes .Ari . ... BY. f .tit Name: WI ness#2(Signs, re) Title , T4y -J, C� tr Wtress 0(Prnt Name) Approved as to form and legality- ` , \ Jeri A Belped) Ss tart county Attorney 16B 1 EXHIBIT A An area comprising of a 20-foot boarder directly outside and abutting lines 19. 20 and 21 (L19, L20, and L21) of the existing County Utility Easement (CUE) located in Canopy tract "01" as shown and recorded in Plat Book 53 Page 86 of the public records of Collier County. FL I 1 EXHIBIT B PROJECT Canopy PUMP STATION 1'7g 02 FOLIO 25225000080 TEMPORARY ACCESS EASEMENT THIS TEMPORARY ACCESS EASEMENT ("Easement') is made and entered into this day of 2021, by CANOPY NEIGHBORHOOD ASSOCIATION, INC, a Florida not-for-profit corporation whose mailing address is C/O Guardian Property Management. 6704 Lone Oak Blvd Naples, FL 34109 (hereinafter referred to as "Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT whose mailing office address is 3335 East Tamiami Trail. Suite 101 Naples, Florida 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms"Granter a-d 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 1 WITNESSETH Grantor, for and in consideration of TEN DOLLARS (510 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 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 described in Exhibit "A` to facilitate Grantee's relocation of the fencing that encroaches on lands owned by Grantor into Grantee's existing utility easement area described in Exhibit "A - This Easement shall expire and terminate within the sooner of 180 days from the effective date of this Easement, or upon Grantee's relocation of certain sections of the fence that are immediately adjacent to the lands described in Exhibit "A.' or upon Grantee's default of any terms or conditions in the . Temporary Access Easement Agreement The Effective date of this Easement shall be the date of recording. IN WITNESS WHEREOF the GRANTOR has caused these presents to be executed the day and year first above written CANOPY NEIGHBORHOOD ASSOCIATION. INC. a Florida not for profit ccmpany BY: I"JM (*erY ` Name' / Title: p,:v, t/iN7. Approved as to fprm-6Qd gOtity Jenntrer A Belpedio Assistan my Attorney " � CQ\ o 0 168 1 EXHIBIT A An area comprising of a 20-fout boarder directly outside and abutting lines 19. 20 and 21 (L19, L20, and L21) of the existing County Utility Easement (CUE) located in Canopy tract"01" as shown and recorded in Plat Book 53 Page 86 of the public records of Collier County. FL. att. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 B 1- THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routingzlines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date County Attorney 2. BCC Office Board of County yM�1 Commissioners V11 Y3 14 t_I 2 7 3. Minutes and Records Clerk of Court's Office A a ,I PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Sonja Stephenson Phone Number 239-252-8073 Contact/Department Agenda Date Item was February 23,2010 Agenda Item Number 16 B 1 Approved by the BCC Type of Document Donation Agreement Number of Original 1 Attached Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on February 23,2010,and all changes made SS is •, during the meeting have been incorporated in the attached document. The County •p ` Attorney's Office has reviewed the changes,if applicable. 1' ' 9. Initials of attorney verifying that the attached document is the version approved by the t=` BCC,all changes directed by the BCC have been made,and the document is ready for the an op Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Memorandum 6 8 i TO: Minutes & Records Management FROM: Sonja Stephenson, Real Property Management DATE: 4/7/2022 RE: Pelican Bay Sidewalk Improvements Phase 2 — Hyde Park This item is being accepted by the BCC under Resolution 2010-39 which was approved on February 23, 2010, Agenda Item 16B1. Please attest to Commissioner McDaniel's signature as Chair on the Donation Agreement. Once attested, please forward a copy of the Donation Agreement, by email, for my files. Please contact me if you have any questions or comments at Extension 8073. Thank you. I 81 .; PROJECT: PB Sidewalk Improvements Phase 2 Parcel No.:51140040005 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between HYDE PARK AT PELICAN BAY CONDOMINIUM ASSOCIATION, INC., a Florida not- for-profit corporation, (hereinafter referred to as "Grantor"), whose mailing address is 6320 Pelican Bay Blvd., Naples, FL 34108, and COLLIER COUNTY (hereinafter referred to as "Grantee"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH: WHEREAS, Grantee has requested that Grantor convey to the Grantee a perpetual, non- exclusive easement for the purpose of constructing, and maintaining, of a sidewalk upon and across the lands described in Exhibit "A" hereinafter referred to as the ("Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Grantor desires to convey the Property to Grantee for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Grantor recognizes the benefit to Grantor and desires to convey the Property to the Grantee for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by Grantee; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Grantor shall convey the Property via a Sidewalk Easement to Grantee at no cost to the Grantee, unless otherwise stated herein. 2. Prior to Closing, Grantee shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Grantor agrees to execute any documentation that is necessary in order for the Grantee to obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property such executions as are necessary. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Grantee executes this Agreement; provided; however, that Grantee shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Grantee's enjoyment of the Property. 4. Grantor is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. • I6R1 5. Grantor represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Grantee; that the Grantor has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the Grantee, that the Grantor has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Grantor shall indemnify, defend, save and hold harmless the Grantee against and from, and to reimburse the Grantee with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Grantee by reason or arising out of the breach of Grantor's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The Grantee shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. Grantee shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Grantor. The cost of a title commitment shall be paid by Grantee. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Grantor is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Grantor holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Grantor shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Grantee, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida 0 Donation Agreement 2 68 IN WITNESS WHEREOF, the has caused these presents to be executed the date and year first above written. 11 DATE ACQUISITION APPROVED BY BCC: a-a j" d)IO )1-Qi 1 IL El Re5o1uk,cn 20 10 .3(3 AS TO GRANTEE: DATED: ATTEST: CRYSTAL K. KINZEL,-Clerk cif,the Circuit BOARD OF COUNTY COMMISSIONERS Court and Comptroller COLLIER COUNTY i• Byt*Cie BY: --..�� 411111. ,Dep ty Clerk Willi• L. McDaniel, Jr., Chair 1111111°1an c AS TO GRANTOR: HYDE PARK AT PELICAN BAY CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation Wit ness-(ignature) Print Name 1�lPoit�/Au►� t�l uNT k 1.1 _ -4 1 Witn ss(Signature) Gary A Myers, its President Print Name:JOI1.1((�S¢ph Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorn , � \1 O Donation Agreement 3 I 6 R 1 EXHIRIT 4-' l ; t 1 I_ L,HE TABLE tt NI T'NARSAG ,F-1E 11 ` 4 DLNEPE TABLE --- SCALE. +• . SO' LW ""�'K r CT*ANGLE ARC L[NGRI Ir[ C' Tp_De•1 r71.5{ IBBDO. I C I Oo 3'2.31• 70.5{' �C-3 73100 313773` 17"• 39. /P.O.B. S.E. +to ▪ GL^�Rq N.-t2�i j ..1,40e5 Aaf •1'EE+ASU DECA1a,S ',HMO HYDf PARK ACO CONDCAElNIIJM / 1 BEARINGS AND COOtONArFS ARE BASED On THE,LORtDA STATE B ' (O.R 1073. I ANE G00.EAST ZONEAS/90 ADJUS NEur 3C-5031 Maser Fo,c,B 66330240008 // •1•L:EGA:DESCAla�O1 FM,tNE PARCEL;.nrs r_H.NO m i DCCR.SPPDN 0W S WRITTEN A CLCC+. SE ORf CT�O.1 v a. POC •PONT Cr COJNENCENENT DOB •PONT 0,BEGINNING SE SOE WAIL E,SENF V' 2 .``��E w.NBC•., LO No WS _ . STATE OF I:ii PREPAPED OCR"HE BENEr:T 0, PEL�CAH NArFRN.SCES DINSION O '�i P/•i N.ww.♦•ten w. I r Pa,,',••a • Gear W Hsclu 9y U.f�.•7;Z;•;+.+.'.- j GEOPGE v, HAC ^QIN'.+.iYir:� F_DC S.E. 110 I a rasP R� __ / n _ NOT A SURVEY PELICAN HAY SERVICES DIVISION "9^ ""• 1iC7C11 ARC summon 0I fligal =MIA IASLum 9 I.AND HE PELICAN BAYE/N1I IYYO PART or nm PAR.a co0ooIINNN j Sipa NLM I f0 (PB I;PGS 7(•79 a. in],Pas 939-90i) Calm cao _ ! `_ Ntf,rl4Rlaa PARCEL'M• in � 'OCIa----��- + �= A n Lai r NOW ® n�• .ER _�c y7�IFTIITiFkJ 7N.A.rA rvrn E.n i NM.c.p o.-. ____ LEGAL DESCRIPTION ATTACHED .n ti '..>�....� ""'"' n e. 6-L).2 V EXHIBITA ,�.. — Page ),._of -tf. I a m 1n09 ova Nvonad n Q2ivn3 m v s9 t' \ 7 v ) , ;] : T Q a , , , n an22 I N _,N ay N a ti D I O r n, OZZI r s :tip.a c)� 77 cc,),O I X r" 'o etfsit w20 Q O 0 0 I HV V O Z i S b I n.q916a g • 4 N - a= 111171191 '0 Inva 4ttni4n'_G - 0 .. v �"'. U mn nr ZA Z $ 5 i t• I E; a gII 1 zy m p iijr; ~pub y `�00 �r �N . m jo,..4 .1 m ril XGxr� e 9 x00 w2, in IN ' ' S• bg= t„ 'a Imo ei;7 P = ze ev pr� Z Ai •Z= R �7 •rn L" -1ZZ > yy la iOiy A nm > Uy p ; fi4. I 'B ,10 w C 2 0m om n 77 sv LCoo av am ; - ) ) Z--r`-� z_v C7 ~ x> os -e �3 �)o ip LI N 1 ,!;* II El OO w e V) � o li 0` ...... oZ Zg 7.1 �tl 2 ` zv A r. o N. n c'.+w yi w x > . :J au� _ y''-ati.. o > J IN : A l 16Rt "`AGNOLj Page" 7 _of 7400 Trail Blvd., Suite 200 ■■//r ■////� Naples, FL 34108 ""' BARBER & PH: (239) 597-31 1 1 :::::::nRUNDAGE, INC. 14.k,.«.IFnpnKt,Mi rcr.,tvnc).4%,,a,,jaipr.4r.h.f‘.r LEGAL DESCRIPTION SIDEWALK EASEMENT I la ALL THAT PART OF HYDE PARK,A CONDOMINIUM,AS RECORDED IN OFFICIAL RECORDS BOOK 1023, PAGES 430-503, COLLIER COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID HYDE PARK,SAID CORNER ALSO BEING THE NORTHWEST CORNER OF PARCEL"M", PELICAN BAY UNIT TWO,AS RECORDED IN PLAT BOOK 12, PAGES 74-79, COLLIER COUNTY,FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID HYDE PARK AND SAID EAST RIGHT-OF- WAY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS N 87°11'48" W AND HAVING A RADIUS OF 1260.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08°32'56" AN ARC DISTANCE OF 188.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS S 84°15'15" W AND HAVING A RADIUS OF 1260.00 FEET AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°12'31"AN ARC DISTANCE OF 70.56 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS POINT BEARS S 48°02'57" W AND HAVING A RADIUS OF 31.00 FEET; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°37'23"AN ARC DISTANCE OF 17.11 FEET; THENCE S 10°19'40" E A DISTANCE OF 11.65 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 113.60 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21°59'39" AN ARC DISTANCE OF 43.61 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 291 SQUARE FEET. REFERENCE ABB DRAWING#12735-SDIO Page 3 of 4 EXH4BIT4- QQ Page_...___oi Q ■aaaa! BLIMP Ill am 7400 Trail Blvd., Suite 200 Naples, FL 34108 ■aaa1.�BARBER & PH: (239j 597-31 1 1 aaaaaa� �.A68WC.com ::::::rBRUNDAGE, 1NC. 14 lti.,n,lI .fKf3 fl f tra {unt}.nlllanl.ctKAn6ttn LEGAL DESCRIPTION SIDEWALK EASEMENT 1 lb ALL THAT PART OF HYDE PARK, A CONDOMINIUM,AS RECORDED IN OFFICIAL RECORDS BOOK 1023, PAGES 430-503,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A NORTHWEST CORNER OF SAID HYDE PARK, SAID CORNER ALSO BEING THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD AND THE SOUTH RIGHT- OF-WAY OF GULF PARK DRIVE; THENCE ALONG THE WEST BOUNDARY OF SAID HYDE PARK AND SAID EAST RIGHT-OF- WAY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 85°29'46" E AND HAVING A RADIUS OF 2205.72 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°05'44" AN ARC DISTANCE OF 80.67 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS S 71°20'05" W AND HAVING A RADIUS OF 179.12 FEET AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°28'21"AN ARC DISTANCE OF 13.98 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS S 71°48'44" W AND HAVING A RADIUS OF 51.01 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°27'47" AN ARC DISTANCE OF 28.01 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY AND THE BEGINNING OF A COMPOUND CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 82°I9'33"E AND HAVING A RADIUS OF 2205.16 FEET; THENCE ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°04'29"AN ARC DISTANCE OF 41.37 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 86 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD10 Page 4 of 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO I 6 B 1- THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing_lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date County Attorney 2. BCC Office Board of County M Commissioners WI'1 4/0 13' �� � , Z Z 3. Minutes and Records Clerk of Court's Office A I,Atap-k--_ PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Sonja Stephenson Phone Number 239-252-8073 Contact/Department Agenda Date Item was February 23,2010 Agenda Item Number 16 B 1 Approved by the BCC Type of Document Donation Agreement Number of Original 1 Attached Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SS si:nature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on February 23,2010,and all changes made SS during the meeting have been incorporated in the attached document. The County l,op4 Attorney's Office has reviewed the changes,if applicable. ' Ii 9. Initials of attorney verifying that the attached document is the version approved by the r is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Memorandum I b 8 1 TO: Minutes & Records Management FROM: Sonja Stephenson, Real Property Management DATE: 4/7/2022 RE: Pelican Bay Sidewalk Improvements Phase 2 — Hyde Park This item is being accepted by the BCC under Resolution 2010-39 which was approved on February 23, 2010, Agenda Item 16B1. Please attest to Commissioner McDaniel's signature as Chair on the Donation Agreement. Once attested, please forward a copy of the Donation Agreement, by email, for my files. Please contact me if you have any questions or comments at Extension 8073. Thank you. 68 $ .4 PROJECT: PB Sidewalk Improvements Phase 2 Parcel No.:51140040005 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between HYDE PARK AT PELICAN BAY CONDOMINIUM ASSOCIATION, INC., a Florida not- for-profit corporation, (hereinafter referred to as "Grantor"), whose mailing address is 6320 Pelican Bay Blvd., Naples, FL 34108, and COLLIER COUNTY (hereinafter referred to as "Grantee"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH: WHEREAS, Grantee has requested that Grantor convey to the Grantee a perpetual, non- exclusive easement for the purpose of constructing, and maintaining, of a sidewalk upon and across the lands described in Exhibit "A" hereinafter referred to as the ("Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Grantor desires to convey the Property to Grantee for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Grantor recognizes the benefit to Grantor and desires to convey the Property to the Grantee for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by Grantee; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Grantor shall convey the Property via a Sidewalk Easement to Grantee at no cost to the Grantee, unless otherwise stated herein. 2. Prior to Closing, Grantee shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Grantor agrees to execute any documentation that is necessary in order for the Grantee to obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property such executions as are necessary. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Grantee executes this Agreement; provided; however, that Grantee shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Grantee's enjoyment of the Property. 4. Grantor is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 1 R 5. Grantor represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Grantee; that the Grantor has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the Grantee, that the Grantor has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Grantor shall indemnify, defend, save and hold harmless the Grantee against and from, and to reimburse the Grantee with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Grantee by reason or arising out of the breach of Grantor's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The Grantee shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. Grantee shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Grantor. The cost of a title commitment shall be paid by Grantee. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees,whenever the context so requires or admits. 9. Conveyance of the Property by Grantor is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Grantor holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Grantor shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Grantee, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida G Donation Agreement 2 I fill 1 IN WITNESS WHEREOF, the has caused these presents to be executed the date and year first above written. 1 r 22 DATE ACQUISITION APPROVED BY BCC: a'a3- dD10 yl I L l� I ReShc t cn 2010"3(j AS TO GRANTEE: DATED: -(4,- 1-+.:,f, ATTEST: CRYSTAL K. KINZEL,-Cffrk df. the Circuit BOARD OF COUNTY COMMISSIONERS Court and Comptroller COLLIER COUNTY ,,,� a/. BY: Ce) • ,Dep ty Clerk Willi L. McDaniel, Jr., Chair an AS TO GRANTOR: HYDE PARK AT PELICAN BAY CONDOMINIUM �-) 11110 ASSOCIATION, INC., a Florida not-for-profit corporation WitneSS r ignature) Print Name VlA`4Z�/�uN kiNTCLJ l 4) di(la-1417t-'.-------..." Witness(Signature) Gary Y A M ers, its President Print Name:SOh.j4.<Sfrphalb') Approved as to form and legality: a Jennifer A. Belpedio \ Assistant County Attorne �' ,a`1 1 0 U Donation Agreement 3 I6RI EXHIBIT / _ PaAa.i_of _ 1 5 I I IMF ecAR.w 1 DTwR,'E I rt LI ! S 10'•9_AO•C tt 03� ` L. CURVE*ARC• SCALE: I•, 3O' E�WVE RAORA I'�[TA AMG1C .RC ICNGTH C' '280.00' 132'S1' tb 00' ' C2 1210 00 3 2'31' 70.50' C3 37.00. 31.37.23• 1711' I CU 1113.00` 2,59'39' WS- Z. .I / GL RAL NOTES ':::S P.0.8. S.E. n0 ' - 2'AENV0015 N CEO AND 3ECNIAL3 r.CCEOF HYDE PARK,ACONDOMINIUM 7 BEARINGS AND COORDINATES ARE BASED ON THE ILDRIDA STATE PLANE GRID.FAST OW.05/90 ADJUSTMENT IO.R 1023.POS 43C5031 / J ,CIEGA'.:ES AI5'tON EC nCO PARCEL:Y DIOS S5E.S.*AO Master FOiO#66330240006 DESCR:PTDN,5 wPt i.,N 1 A C1CC-.,WSC pR[C'IDY m a POC .PONT Cr COMMENCEMENT z „ S E➢• SDEw• RI OF BEONMNG y Atr EASENFY' t !0 I S _ /•,fu Na sae TA LTF OF .iZ= PR(P0 RFD FOR-.4 KNEE,'Dr PELICAN NAY SERVICES DIVISION �i��:OR10�!��,� Prw��r.w.w r.ww. A,, _ ox.RY A,D Gb'P W.NRt31n1T i�..r i ""••• GORGE w ..0 •' w .1"ELZ'scut• P O.0 S E no SOUTARL ST CDRaRR a NTD(PARR / _ NOT_A SURVEY • ` PELICAN BAY SERVICES DIVISION "9"--,, ,•r sum(AIJI WN:DU :IcN PI 11e -arn ' PELICAN BAY UNIT 7WO I PART OF IITOC FAIL A CONDOMINIUM thanked: (OR.1E11.PCS.400-S031 (PB 12 PGS 71.7➢) COu.RR COUNTY.FLORIDA PARCEL 1E' 1RRRai DNOW aiiiRMII �- ,A - n eox r AM de a.eL1 0A ER & '=caUP I-30 I _'/ ;i u RL'NDAGC.AA _zZ•_!•E sAen »rrwe.I.nwrn_7'..n,wNrov 1 I.M.reM Art Mr=r„ 1 LEGAL DESCRIPTION ATTACHED P 6 OA EXHIBIT A _ % -- . Page 2 _o - / n maA©® 3 % _ _ .} 0 ^ ` / ®§ 6 _— )2 /1 In �\ I X15 , oe§w )Ed§( t) ' 4® §\ ` \) %> > $ 2 §g ƒ \ k�k2) )§ 2 2 Al! & x A ;|; E ) ) ° a - § 1 z j / i 1 |3 -.Y. 2 ( /t� - ® . pPiI1.V.F„.1=i1ii... 3 ;b; 2 ,m r !] ) @ > ! / „,a (Q k$ § ( ozr \. 4 ` ® kk ® ;72 )\ )§ / 6'!) j2er. < / " - J| E , ; ' 2q9 \7 // / P.. Ao` )( q zoo § 2 { h| \b' \ '< / +¥ ! | §i h . )( }j - - —a 2— . , = § P .t! i; § 2q q \ i }$/F ® / // 72 / \ || g 4 . Q/ 2 9 . ) - ( I _ / 7; {- ii i T. ]�` 9-474 ' ' _ , '. ' F 1 1 ® I6Ri ■����r EX ISMA ision• GNOLI page, _of 7400 Troll Blvd., Suite 200 ■uumr fir RI Naples, FL 34108 "" BARBER �c PH: (239) 597-31 1 1 ■uIuIr sum 'rr.. r. i� E!NC.CGfii ::::::pBRUNDAGE, INC. Pn•Ic.• .wal Inpnrcr,lYar+.in.Wnr).•n\Ian,}.,a,.t.{r.h,fro• .-. a .•A. ... ,. .. •3• 1•.,.. • -.... LEGAL DESCRIPTION SIDEWALK EASEMENT I Ia ALL THAT PART OF HYDE PARK,A CONDOMINIUM,AS RECORDED IN OFFICIAL RECORDS BOOK 1023, PAGES 430-503, COLLIER COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID HYDE PARK,SAID CORNER ALSO BEING THE NORTHWEST CORNER OF PARCEL"M", PELICAN BAY UNIT TWO,AS RECORDED IN PLAT BOOK 12, PAGES 74-79, COLLIER COUNTY, FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID HYDE PARK AND SAID EAST RIGHT-OF- WAY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS N 87°11'48" W AND HAVING A RADIUS OF 1260.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08°32'56" AN ARC DISTANCE OF 188.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS S 84°15'15" W AND HAVING A RADIUS OF 1260.00 FEET AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°I 2'3 1"AN ARC DISTANCE OF 70.56 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS POINT BEARS S 48°02'57" W AND HAVING A RADIUS OF 31.00 FEET; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°37'23" AN ARC DISTANCE OF 17.11 FEET; THENCE S 10°19'40" E A DISTANCE OF 11.65 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 113.60 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21°59'39" AN ARC DISTANCE OF 43.61 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 291 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD10 Page 3 of 4 EXH41T -Page of ___ 1 6 R aaaaa► aaaa GNOLI 7400 Trail Blvd., Suite 200 Naples, FL 34108 ARBER & PH: (239) 597-31 1 aa.aar aa■aaak :::::::BRUNDAGE, INC.. 14 f..i.,.lInpnrcn. .St."0.a1 II:IanJv apt.Araleate LEGAL DESCRIPTION SIDEWALK EASEMENT 1 lb ALL THAT PART OF HYDE PARK, A CONDOMINIUM,AS RECORDED IN OFFICIAL RECORDS BOOK 1023, PAGES 430-503,COLLIER COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A NORTHWEST CORNER OF SAID HYDE PARK, SAID CORNER ALSO BEING THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD AND THE SOUTH RIGHT- OF-WAY OF GULF PARK DRIVE; THENCE ALONG THE WEST BOUNDARY OF SAID HYDE PARK AND SAID EAST RIGHT-OF- WAY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 85°29'46" E AND HAVING A RADIUS OF 2205.72 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°05'44" AN ARC DISTANCE OF 80.67 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS S 7l°20'05" W AND HAVING A RADIUS OF 179.12 FEET AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°28'21"AN ARC DISTANCE OF 13.98 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS S 71°48'44" W AND HAVING A RADIUS OF 51.01 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°27'47" AN ARC DISTANCE OF 28.01 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY AND THE BEGINNING OF A COMPOUND CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 82°19'33"E AND HAVING A RADIUS OF 2205.16 FEET; THENCE ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°04'29" AN ARC DISTANCE OF 41.37 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 86 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD10 Page 4 of 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP i 6 8 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney 0 ice no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP qz,corai 13 Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already ple e with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office 12.7.- 4. BCC Office Board of County Commissioners t►1 S f/S/ 6/13/Z 7- 5. Minutes and Records Clerk of Court's Office ^, , ( � ��I:92m I yUIJ PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff David Roe/GMD Phone Number 239.252.2915 Contact/ Department Agenda Date Item was 02/23/2010 Agenda Item Number See Resolution 2010-39 Approved by the BCC (16.B.1) Type of Document Conservation Easement Number of Original 1 Attached Documents Attached PO number or account 131-138327-649030 number if document is Clerk to email receipt of payment to to be recorded Lucia.Martin(acolliercountyfl.gov INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be DR signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the DR document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County 00( an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the c N/A is not BCC, all changes directed by the BCC have been made,and the document is ready for the 9 an option for Chairman's signature. this line. I: Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 168 1 PROJECT: Immokalee CRA Welcome Sign FOLIO. 00137040001 INSTR 6260758 OR 6134 PG 1443 RECORDED 6/2/2022 11:07AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA DOC@.70$0 70 RED $27 00 SIGN EASEMENT THIS EASEMENT, made and entered into this ;:x""/ day of ?--, 2020, by COLLIER COUNTY HOUSING AUTHORITY, whose mailing address is 800 Farm Worker Way, Immokalee, FL 34142-5544, as Grantor to the COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, its successors and assigns, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms"Grantor"and"Grantee"include all the parties to this instrument and their respective heirs, legal representatives,successors and assigns.) 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, a perpetual, non-exclusive easement, license, and privilege for, accessing, constructing and maintenance purposes for a welcome sign, 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, place, excavate, and take materials for the purpose of constructing, operating and maintaining a welcome sign thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ihis Conveyance Approved By The Board Of County Comm iss ion Collier County Florida, Pursuqr Tpc.Aqeentnia_n. / Date:5 2.1 _ 168 1 WITNESSES: at,, ,),(i,,041:6_,,, w'' ss#1 (Signature) COLLIER COUNTY HOUSING AUTHORITY / CfCJQ_/ C4l-e t - C`. ftv itneds#1 (Print Name) 60t q cli,i- By: , Oscar Hen chef, Executive Director Witness#2(Signature) 'OIC A -T C f7i Witness#2(Print Name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Easement was acknowledged b ❑vore me by means of "physical presence or I::] t online notarization this 2 day ofle.1,-)1u-tu .4.y O by Oscar Hentschel, as Executive Director of Collier County Housing Authority, on alf of said Authority. Such person(s) Notary Public must check applicable box: rare personally known to me. ❑ produced his current driver license. ❑ produced as identification. ` • (Notary Seal) � c 17 'L-'9(2. (\z‘;,--- l` ary Publi % • ,/ ae r'14• ii: Notary Public State of Florida Printed Name of Notary: Lt,,i1(24 V Q3h l prv"" Leticia V Skipper Commission Number: Gc 9 .-1 4- 0r1My Commission GG 937004 Expires01/05/2024 My Commission Expires: btIOS I ZD e4 Approved a .;+•. wig I I It P "a - County Attorney I ,t 1 6 8 1 _ . _ 4 g ) 10 Mt,U), Hy r ppia l ' 1 3141 FIR 1 , I I vIg0 444 gi til g _i_p 1 i i a t li iiii ' • isi 11 !ti li o8 .& Ili AP . 1 6011 1 414 1:111 Oillf if i 1 01 n i " rEs ! hth g Pill . :i -01 ' cl. 1+ 02 -1 Peci iiP,: ". . ._. r3 ii 5.1) 1 gtp i:i14 3.-1,r1 Ntt i !I AM A OIARA Plb r415 t , i & i gol pcn i • I i 0 11 1 I/E 1 1 Ill - 1 ii Id 14 8" ELA 4 4 IgiR § rc4, ti.Ki ; ;1 1 1 , •,.,, ' ' - .. lite' •Cfr N.. 1 g i ett • 7' 33.73' il I 1 M e IS '' EXHIEW „."1,1.1.._ AV - Pge-L, • I - .., - .. K 0:\SURVEY\PROJECT SURVEY 2018\82 — SR2O FARU WORKER WAY liAMOKALEE FL\SURVEASKETCH & =ALS\18-82-90#4 Si ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 8 1 iiiii TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1110 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney _ County Attorney's Office 54klf 2. BCC Office Board of County Commissioners VAi'6y i'rl (21712?. 3. Minutes and Records Clerk of Court's OfficeN.) (ili c900-- Om. PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Sonja Stephenson Phone Number 239-252-8073 Contact/Department Agenda Date Item was February 23,2010 Agenda Item Number 16 B 1 Approved by the BCC Type of Document Donation Agreement Number of Original 1 Attached 4pf4^oL.ei k, ge6 2010-31 Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name; Agency; Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed iv by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on February 23,2010,and all changes made SS N/A is not during the meeting have been incorporated in the attached document. The County to option for Attorney's Office has reviewed the changes, if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the —1\1/A is not BCC, all changes directed by the BCC have been made, and the document is ready for the *it__ to option for ' Chairman's signature. is line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16H 1 Memorandum TO: Minutes & Records Management FROM: Sonja Stephenson, Real Property Management DATE: May 27, 2022 RE: Fiddler's Creek This item is being accepted by the BCC under Resolution 2010-39 which was approved on February 23, 2010, Agenda Item 16B1. Please attest to Commissioner McDaniel's signature as Chair on the Donation Agreement. Once attested, please forward a copy of the Donation Agreement, by email, for my files. Please contact me if you have any questions or comments at Extension 8073. Thank you. 168 1 PROJECT: Fiddler's Creek Lots CF-19& CF-20 FOLIO#: 00736641005 (a portion of) DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between FCC Commercial, LLC Uk/a FC Commercial, LLC, a Florida limited liability company, whose mailing address is 8156 Fiddler's Creek Parkway, Naples, Florida, 34114- 9430, (hereinafter referred to as "Owner"), and COLLIER COUNTY, FLORIDA, a Political Subdivision of the State of Florida, (hereinafter referred to as "County"), whose mailing address is 3335 Tanuami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH: WHEREAS, Owner is the owner of the property briefly described herein as Community Facility Sites CF-19 and CF-20 in Fiddler's Creek, Collier County, Florida, as more particularly described on Exhibit "A-1" and "A-2" (hereinafter referred to as the "Property") which is attached hereto and made part of this Agreement; and WHEREAS, provision 11.4 of Ordinance 00-84 of the Planned Unit Development for Fiddler's Creek, as amended, requires the developer to donate two community development sites to County; one site to be used as a public library and the other site to be used as a fire station, Emergency Medical Services (EMS), or other public purposes; and WHEREAS.County has requested that Owner convey the Property, for the purposes above stated; and WHEREAS,Owner recognizes the benefit to Owner and desires to convey the Property to County on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County. NOW, THEREFORE, in consideration of these premises. the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged. it is agreed by and between the parties as follows: 1. Owner shall convey the Property via Quit-Claim Deeds to County at no cost to County.unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, if any, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the Public Records of Collier County. Florida. Owner shall provide such instruments, properly executed. to County on or before the date of Closing. Property is subject to the lien of the 2022 Ad Valorem Real Estate Taxes, and subsequent years. 168 1 3. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 4. The County shall pay for all costs of recording the conveyance instruments, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. 5. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees. and/or assignees, whenever the context so requires or admits. 6. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 7. This Agreement is governed and construed in accordance with the laws of the State of Florida. (This space intentionally left blank) 2 r1( 168 1 IN WITNESS W'IIERI•:OF. the Parties hereto have e\ecuted this Agreement as of the dates hereinafter stated. AS TO COI NI1': DATEDJUlle. 7 2022- nn4ra�> rlj , ATTES;l` Crystal . KitireL C'Ietk f the COLLIER COUNTY, FLORIDA, C'ircu4 Ccrurt'arid C;tttxtptr Iler a Political Subdivision of the 7 �� State of Florid sz '! Q4 q (..1 hest as to Ghaim�an.) ) • t' cignature only. \\ i!ham . McDaniel Jr.. Chairman AS TO OWNER: FCC Commercial, LLC, f/k/a FC Commercial, LLC, / a Florida limited liability company !!O DATED: '7l`LD22 ,-------/ //,/4,L__) WITNFSSES: By: , �i ///� — — Auhre� J. Ferrao, a resident and Manad qr and not in is individual capacity Vs1'rss (Sig ature) it Name: h L ry5,1 (Print) Witness (Sig iature) Name: Daddie,4 r/$a (Print) Approve I as ,o ')rr W legal slit r = 0 lip :_ t1 , . tq 'ou \ \ttorne� ---- - 1b8 1 . ni Exhibit "A-1" • m B hl g 0, Cg 7,pm oo m nW 0➢ co r- 0 0 c zZOZo➢ m g P ZV7 maZOZO 23 > $ 2A rim➢DZO 2 Znoii O2 I�V.� fQ~,m n�AIn C>(mr�_L� rZZ �O O C u^' �fTD 8..;LQ0,= rm+l� m➢,,,,,p A O m?�ti m 0 O b ma.>a n-1P m mm,n CO m m C),, 8 n vO m rizOC �'mmuA do ti��,, Ell^^ mo', a AZ V yJ ?Oo,o4ApzzNQm,' crn ,y C' = 4 jcva,21inm▪➢ v 8 crry lc S F 2S0m." ym- a amSmrinDp0 o� Gl -1 A �mpCm OZCAm,-;7 �. 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All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney I County Attorney's Office /� 64/ / � 2. BCC Office Board of County Commissioners WA LI(ft))5I /z- '(z'z 3. Minutes and Records Clerk of Court's Office tAgizEiz 3, PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vivian Rodriguez Phone Number 239-252-8402 Contact/Department Agenda Date Item was February 23,2010 Agenda Item Number 16B1 -Resolution Approved by the BCC 2010-39 Type of Document Donation Agreement—Wellfield Number of Original 1 Attached Infrastructure Replacement-OFGC Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed 1141 by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's V R signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on February 23,2010,and all changes made VR during the meeting have been incorporated in the attached document. The County p opt.0 Attorney's Office has reviewed the changes,if applicable. ..olin.. 9. Initials of attorney verifying that the attached document is the version approved by the i BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Ib8 I Memorandum TO: Minutes & Records Management FROM: Vivian Rodriguez, Real Property Management DATE: June 28, 2022 RE: Wellfield Infrastructure Replacement This item is being accepted by the BCC under Resolution 2010-39 which was approved on February 23, 2010, Agenda Item 16B1. Kindly attest to Commissioner McDaniel's signature as Chair on the Donation Agreement. Thereafter, please email a copy of same to me (vvian.rodriguez@colliercountyfl.gov) for my files. Please contact me if you have any questions or comments at Extension 8402. Thank you. •1 6 8 4 PROJECT: WELLFIELD INFRASTRUCTURE REPLACEMENT FOLIO No.: 00219400103 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between OLDE FLORIDA GOLF CLUB, INC., a Florida corporation, (hereinafter referred to as "Owner"), whose mailing address is 9393 Vanderbilt Beach Road, Naples, Florida 34120, and 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, (hereinafter referred to as "County"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a non-exclusive Access Easement for the purpose of ingress and egress for County personnel and contractors and vendors to construct, operate, maintain, and repair a pump station and related facilities. over, under, upon and across the lands described in Exhibit "A" hereinafter referred to as the ("Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via an Access Easement to County at no cost to the County, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, 1 0 Cr' 168 I release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by County. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 2 co t6 $ I 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: 6/28/21.._ AS TO COUNTY: Q �w DATED: �vnt�-Q p`+(/? ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE CRYSTAL K. KINZEL, Clerk GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLL R C_COUNTY WATER-SEWER ' DISTRICT Attest as to ChaiiitlaRgpu I- '' / signature only. WIL,Fi AM L. McDANIEL, Jr., Chairman AS TO OWNER: OLDS FLO LUB INC., Wi ess (Si nature) a Florida co po I Po2RE►-1 Di3V IS BY: _________ Na , (Print or Type) T AS J. K KK, its President Witness (Signature) Diets- Ah _ 14. -JNo/s Name (Print or Type) A£j1ki, forrn� and legality: % Rboia .Tov'asko Assistant County Attorney /06 i3 3 ��\ 168 i (o M wZ a xx �av oNNN - M o 0 w oaaua - o O Q U W O 1 ''N' - • NN- OO Z z 'o- QN av m > n r= o Z H aNz4 J CCNV QoWN 3o ti ZOO N Q Q W W ZO Q • U yz ' u w Q Z u CC Z � oj wwm a zNoaoa owz w �Eooa CO » = ':2 z� WW~ ZNo o w wz vo r%$2 O rva(+1 Q U O N vi m gz oce » , IA „ ,(ncetn i_� ZEl J Wz� o wc5 JO $1 IX 0QOJ wW � 0ZHQ TWO O ZQ Qm �1aa 0Q L W � rczo, a ,1: cc J Z a W I.- WW} � W O W n : Wr0JJ Q} JwWJwJO Ll=O aO z W � o w ca • .4nJow(n° 0nQ 3z o nao w Wa> 1aw o � W N0c = ZWO o MZ D Uwo 'n to I- 0:_-ER ;, e X rf w � ZSJ Q ~ _ p z { Q < ai e Q 1 Op 5$iz � o I- .3 ° - O aF O a =a OOo2OZ(OaZ (j amQZwu) pnw z0z LS, rt z Foow/ ' = s F- OomO �Q = a yN8mJ ZiNJVli= J0 Zyzo$ III 2A.za I-- Q°' 0 o w Q C J=zC` z0 Q �m w W zn • 0 t W IOa 0 ¢a s"m 1. 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Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Oftice at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP 12 �1 Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already 'ompletc with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Count ttorncy Office. Route to Addressee(s) (List in routing order) Office Initials Date . 2. 3. County Attorney Office County Attorney Office t011v112ti 4. BCC Office Board of County �J`� I Commissioners ;2 0># /0//e72 2 5. Minutes and Records Clerk of Court's Office 4+0? 8155441A, PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Craig Brown Phone Number 252-2548 Contact/ Department Agenda Date Item was 2/23/2010 Agenda Item Number See Resolution 2010-39 Approved by the BCC (16.B.1) Type of Document Conservation Easement , 501tJ 0e-2 Number of Original Attached Documents Attached PO number or account 131-138327-649030 number if document is Clerk to email receipt of payment to to be recorded Lucia.Martin@colliercountyfl.gov INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed CRB by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the CRB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CRB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on t11.11f k (date) and all changes made during the meeting have been incorporated in the attached document. The County pp Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the .0 0 ,0 Chairman's sgnature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 168 1 INSTR 6321051 OR 6183 PG 3906 RECORDED 10/24/2022 10:29 AM PAGES 11 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA DOC@ 70$0.70 REC $95 00 THIS INSTRUMENT PREPARED BY&RETURN TO: GREGORYK LAWRENCE,ESQUIRE DEAN MEAD,EGERTON,, BLOODWORTH, CAPOUANO&BOZARTH, P.A. 420 S. ORANGE AVENUE, SUITE 700 ORLANDO,FLORIDA 32801 PARCEL I.D. #00198000006 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this 11— day of July, 2022, by CIO NAPLES, LLC, a Florida limited liability company (hereinafter, "CIG"), as Grantor, whose address is 525 Vine Street, Suite 1605, Cincinnati, Ohio 45202, to COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the "parties". WHEREAS, CIG is the owner of that certain tract of land located in Collier County, Florida described in EXHIBIT "A" attached hereto (hereinafter referred to as the "CIG Property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Conservation Easement") over a portion of the CIG Property be entered into and recorded in the land records of Collier County to bind CIG; and Mi! EREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite EXHIBIT "B" (the "Easement Property"). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. CIG, its successors, heirs, assigns and/or transferees, hereby grants a non-exclusive easement to Collier County over and across the Easement Property described as EXHIBIT "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the Conservation Easement. Revised 2/13/2019 1 03793494.V1 B I 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation on or from the Easement Property with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 3. CIG, its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed hereby. Collier County shall have the right to access and use of the Easement Property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the CIG Property. Revised 2/13/2019 2 03793494.V1 168 1 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Easement Property. 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Easement Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Revised 2/13/2019 3 03793494.V1 168 1 IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and delivered GRANTOR: in the presence of: WITNESSES: - CIG NAPLES, LLC, a Florida limited liability company A, , 'it /1,,iii--• Printed Name: AM. - By: CEII MANAGER, LLC, a Florida limited liability company, -1—„--_-:: as its Manager ,, ,,,,. nted,N�me: ✓._..:a- -��,, .--�. G.�Sc:�� B� y: /7 _- , David J. Bastos, Manager STATE OF `) k COUNTY OF Lx.A1,-`\ The foregoing instrument was acknowledged before me by means of CD physical presence or 0 online notarization, this July 1ck , , 2022, by DAVID J. BASTOS, in his capacity as the Manager of CEII MANAGER, LLC, a Florida limited liability company, in its capacity as the Manager of CIG NAPLES, LLC, a Florida limited liability company, on behalf of the company, who is 0 personally known to me or 0 has produced as identification. =o IA� SF , Print Name:eked C t^n - er) . TE=,,.,1. Alits1Viippi Notary Public, State of Ot\ _* ' *= No Public,state of Ohio No.: a01-t- RC u•ra.3'15 --. � Commission r^ ,. = ' ' My Commission Expires 10-15.2022 My Commission Expires: i D'Is •v- ,•.�7.,,.s . ,,c; Acceptance by Grantee: ATTEST: ... BOARD OF Cl, QIMISSIONERS CRYSTAL K. KINZEL;.CLERK C/ ;! •LINTY, 0 By. ----- . Deputy Clerk A est as aU flaR'$ William/ . McDaniel Jr., Chairperson ... •. 's' nature only.. Approved a's toform an al sufhcie cy: THIS CONVEYANCE ACCEPTED BY THE BOARD OF Derek , . Perry" COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT TO AGENDA DATED 2/23/2010, Assistant County Attorney ITEM NO. 16.B.1, RESOLUTION NO. 2010-39 4 Revised 2/13/2019 03793494.V1 168 1 EXHIBIT"A" (SEE ATTACHED) A-1 Revised 2/13/2019 O3793494.V1 168 1 Exhibit "A" QESCRIPTION OF PROPERTY AS FURNISHED TO THE SURVEYOR SEC. 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, W 1/2 OF E 1/2 OF NW 1 /4 OF NW 1 /4, LESS N 100 FEET. COLLIER COUNTY, FLORIDA. [22-LDS-00212/1743617/1] milv gUg > O o re _ 1.5.s zi.s^W65A..a.iQnndda.si 1 ° GReEE9.2g..,R.�f3 !; 1%o A�o�l � 0���� '^��'�'" 3�=Q F :�$ ���r�p�4��C'"—'E i ';.•A � a s $— �� 'mo= —7+ z ii �2 1,VI ->Elas5m3a P a 1 i $9 p g a' s 9�6 d Q i' i. 9 ,7455 z���� �o�s� so9$ - - a �� ����������� ��9��.��� � � ���n��6 �����gl���99������ � ����n� �a��a��� ���a���o r v+ B�' ;�-"� ��'4"�0 3 R y�R YR w e : 1 a s ° 4 z "e OG r �'Ca -l 1,TE € i' a Al: -4,i A. : 'g 3 i3 g fin$ ' I' 8 1 _ 88 1 •fl �. n i 1 • �T sN aA � Hp 2 WI' °�"� "R € ou34 9 Sao ' aVOU NOJSONIMI • �g• s r>� a '"_big e�E s 3 k a H N 3o��8om� xg ibq IS is FaNm g . E 9 4o �; q_., QY 1. . ,fir, $ 9 s — ; n�, o v. In mio i i NI mgl o z� . m 4 0, 8 - r 2 II F 11 -i 21' N rn— Wf Oh, s R. xn u] adisSd o I 4 N v N 0 1 R 41 ig I. 8tl r-ip I V m 2 p I-I N - gej a.- a emend irwsv oweend ireesr ,09'$'N M 1£b,S0.Z0 N OI I I �� p I Z Z .�,, • N m Lpp o n moo loom b 5 i Q}ySi ��¢ n z 4 Z' N 40.3▪2 .ni 2 poi u m. f � z �iii,4 Nil ill m „88 N. gy e5p55� = Fp.�E a II\ g $g f o o �- 0 x RR S a �!" �",' ' o 4z z .A �� .. of 1 m A N': • - p R> Z § A y' in § 0. 1 e x .• —tom ...90C ii3-- 1<823Xn AlM3dOMd15Y3 ,£949L1 3 ,9L,SO.ZO S S '' n gg 1 q 8" 16E 5 1 m -o a'2 <R E 1 ---------- FA ca I 4°' gym &; ili€ 1 g1Y 88y nz i f'��AIRPORT/POLLING ]U Y%y , 111 E l o17 t..:11:-!.] -t� `� :A 1 i ii (OEID NORTH) b _ Fe c.l '� g 81� y O R g� y ` Exhibit A �`° ' 168 1 EXHIBIT"B" (SEE ATTACHED) Revised 2/13/2019 B-1 O3793494.V1 16 8 1 Exhibit "B" LEGAL DESCRIPTION: A PARCEL OF LAND SITUATED IN SECTION 30, TOWNSHIP 4N SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLO:lIDA, CEINC MORE PARTICULARLY !;ESC RIOED AS FULLJ'WS: BEGIN AT THE SOUTHEAST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 5460 AT PAGE 132 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY; THENCE N 89'58'1 S"W ALONG THE SOUTH LINE OF SAID LANDS FOR 329.8E FEET TO THE SOUTHWEST CORNER OF SAID LANDS; THENCE N C2'C5'4,5"W ALONG THE ':VEST LINE OF SAID LANDS FOR 156.1 , FEET; THENCE S 89'58'1.r'E FOR 329.88 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID LANDS; THENCE S 02'05'18"E ALONG SAID EAST LINE FOR 156.1 1 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRI_DED HEREIN. 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S a 3i is :1 1 6 7 7 I Consent of Lienholder First Guaranty Bank,a Louisiana banking corporation("Lienholder"),hereby consents to the grant of the foregoing Conservation Easement by CIG Naples,LLC, a Florida limited liability company, in favor of Collier County, Florida to be recorded in the public records of Collier County,Florida, and joins in the execution hereof to subordinate (i) that certain Open-End Mortgage, Assignment or Rents, Security Agreement and Fixture Filing recorded February 11, 2022 in OR Book 6083 Page 3075 and (ii) that certain Open-End Mortgage, Assignment of Rents, Security Agreement and Fixture Filing recorded May 22,2022 in OR Book 6130 Page 1337,both in the Public Records of Collier County, Florida to said Conservation Easement and Lienholder further agrees that in the event of the foreclosure of either of said mortgages or other sale of said property described in the aforesaid mortgages, under judicial or non-judicial proceedings, the same shall be sold subject to said Conservation Easement. SIGNED AND EXECUTED this /r/fk day of Sit"( , 2022. FIRST GUARANTY BANK y • By:`j��L L� 7 v l Print Name: ,'ck 42 C ( trh,'; € Title: W V i9r'c, P?'e-,,4,1(- STATE OF COUNTY OF et.S(3YJ The foregoing instrument was acknowledged before me by means of a/phy��sical presence or ❑ online notarization, by N( �c �z..( (Z r'Gt f e i- , the K� //U�� I�r .ti"tA_ {.c_s; I-cn� of First Guaranty Bank, on behalf of said bank, who is e-'personally known to me, or ❑ who produced as identification and who acknowledged that he voluntarily signed the foregoing document for the purpose stated therein. WITNESS my hand and Notarial Seal this the 1L/4tLday of ,5s /--,2-01- 1, 2022. (SEAL) hfi tary Public, State of�(�: � 1 at Large. C�riP /'cr7 My Commission Expires:-'bc, Y` i [ ( , ;zo; ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 Q $ 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney O "ce no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP � iB iq Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already omplete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County ttomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. =�� 2. 3 County Attorney Office County Attorney Office pbe IOI10'Z-Z 4. BCC Office Board of County �,�� Commissioners / /q//, ) 5. Minutes and Records Clerk of Court's Office \1 k PAij I �Z2ib4713..9ttiVk PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff David Roe/GMD Phone Number 239.252.2915 Contact/ Department Agenda Date Item was 02/23/2010 Agenda Item Number See Resolution 2010-39 Approved by the BCC (16.B.1) Type of Document Conservation Easement Number of Original 1 Attached ( gday)t Ciw�t,�,C, Documents Attached PO number or account Check No.2302 and 131-138327- 49030 / number if document is Clerk to email receipt of payment to to be recorded Lucia.Martin@colliercountyfl.gov INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Ap licable) 1. Does the document require the chairman's original signature? )/ .1) W jL� 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be DR signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the DR document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. ki Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on L I'L3!11 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County DO(2 an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC, all changes directed by the BCC have been made,and the document is ready for the p e an option for Chairman's signature. J this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 168 1 THIS INSTRUMENT PREPARED BY&RETURN TO: NAME: Justin G. Brook, Esq. ADDRESS:Kramer, Golden & Brook, P.A. 12000 Biscayne Boulevard, Suite 700 Miami, Florida 33181 INSTR 6321037 OR 6183 PG 3861 RECORDED 10/24/2022 10 18 AM PAGES 13 CLERK OF THE CIRCUIT COURT AND COMPTROLLER PARCEL #001-452800002 COLLIER COUNTY FLORIDA LD. DOC@ 70$0.70 REC $112.00 SPACE ABOVE THIS LINE FOR SPACE ABOVE THIS LINE FOR PROCESSING DATA RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this 13th day of September, 2022, by MEADOW BROOK PRESERVE, LLC, a Florida limited liability company (hereinafter "Grantor"), as Grantor, whose address is c/o Richard A. Golden, Manager, 12000 Biscayne Boulevard, Suite 700, Miami, Florida 33181 to COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the"Parties." WHEREAS, Grantor is the owner of that certain tract of land located in Collier County, Florida described in Exhibit"A" attached hereto (hereinafter referred to as the"Property"); and WHEREAS, Collier County is requiring that this Conservation Easement("Conservation Easement") be entered into and recorded in the land records of Collier County to bind Grantor; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit"B" (the "Easement Property"). Page 1 of 5 I 6 8 1 NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. Grantor, its successors, heirs, assigns and/or transferees, hereby grants a non- exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the Conservation Easement. 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation,dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property.No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 3. Grantor,its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement Property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. Page 2 of 5 16B 1 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate Party or successor in interest. 9. This Conservation Easement may be amended, altered,released or revoked only by written agreement between the Parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid,the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. 14. No event of default has occurred and is continuing nor has any event occurred which,with the giving of notice or the passage of time,or both,would constitute an event of default under this Conservation Easement. Page 3 of 5 1 6 B 1 IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and delivered in the presence of: WIT ESSES: MEADOWBROOK PRESERVE, LLC, a Florida limited liability company (t I Printed Name: Jildri�1/ 4.-- By: ~ RICHARD A. OLDEN Richard A. Golden, Manager I Printed Nam, • AIjj ii • . t STATE OF FLORIDA COUNTY OF MIAMI-DADE THE FOREGOING INSTRUMENT was acknowledged before me this 13th day of September, 2022, by means of ✓ physical presence or online notarization,by Richard A. Golden, as Manager of Meadowbrook Preserve, LLC, a Fprida limited liability company on behalf of the limited liability company, who is [ el known to be the persons described herein [ ] or who has provided as identification and who did take an oath. Justin G. Brook Affix Notary Seal Signature Notary Public ,,,•- " `•'aG JUSTIN G.SYOQK----I ' *_ MY COMMISSION#GG 942976 +,: >°`-' EXPIRES:February Printed Name of Notary Public '•l4r F,.,' bonded Thru Notary Public Up;!-,,;,:>;,, .'• P)T I 0 G. (31.011 My Commission Expires Page 4 of 5 160 1 Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COU RIDA By: By: Att• est as t4 C irep le Willi L. McDaniel, Jr., Chairman signature only. s► oved as to form a d legality: 0 - •erek D. Perry Assistant County Attorney THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT TO AGENDA DATED 2/23/2010 , ITEM NO. 16 .B. 1, RESOLUTION NO. 2010-39 Page 5 of 5 168 1 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 03 DEGREES 05' 30" W., ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10, FOR A DISTANCE OF 1318.46 FEET TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 10; THENCE RUN N. 89 DEGREES 59'42" E.,ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 10, FOR A DISTANCE OF 1753.41 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF OLD TAMIAMI TRAIL, FLORIDA STATE ROAD NO. 45 (C.R. 887, FORMERLY U.S.41)A 150.00 FOOT RIGHT OF WAY;THENCE RUN S. 31 DEGREES 22'30"W.ALONG SAID WESTERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 1005.23 FEET; THENCE RUN N. 90 DEGREES 00' 00" W. FOR A DISTANCE OF 559.65 FEET; THENCE RUN S. 11 DEGREES 18' 37" E. FOR A DISTANCE OF 21.33 FEET; THENCE RUN S. 02 DEGREES 23' 46" E. FOR A DISTANCE OF 134.53 FEET; THENCE RUN S. 20 DEGREES 01' 14" W. FOR A DISTANCE OF 138.74 FEET;THENCE RUNS. 03 DEGREES 08'37" W.FORA DISTANCE OF 44.00 FEET TO A POINT 130.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10;THENCE RUN SOUTH 89 DEGREES 52' 47" E. PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10, FOR A DISTANCE OF 398.24 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF FLORIDA STATE ROAD NO. 45;THENCE RUN S. 31 DEGREES 22' 30" W., ALONG SAID WESTERLY RIGHT OF WAY LINE,FOR A DISTANCE OF 152.07 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10; THENCE RUN N. 89 DEGREES 52' 47" W., ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10 FOR A DISTANCE OF 878.25 FEET TO THE POINT OF BEGINNING. Page 1 of 1 168 1 EXHIBIT "B" LEGAL DESCRIPTION AND SKETCH OF EASEMENT PROPERTY Page 1 of 7 168 1 EXHIBIT "B" LEGAL DESCRIPTION OF EASEMENT PROPERTY A PORTION OF A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 10,TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE, N 17° 57' 59" E FOR A DISTANCE OF 1379.58'; TO THE POINT OF BEGINNING; THENCE, S 89° 44' 36" E FOR A DISTANCE OF 832.65 FEET; THENCE, S 51°44'47" E FOR A DISTANCE OF 49.18 FEET; THENCE, S 05° 26' 44" E FOR A DISTANCE OF 39.48 FEET; THENCE, S 08° 04' 54" W FOR A DISTANCE OF 33.25 FEET;THENCE, S 31°41'37"W FOR A DISTANCE OF 258.87 FEET; THENCE, S 79° 35' 16" W FOR A DISTANCE OF 27.11 FEET; THENCE, N 59° 28' 53" W FOR A DISTANCE OF 96.29 FEET; THENCE, S 51° 52' 06" W FOR A DISTANCE OF 34.53 FEET; THENCE, S 31° 29' 27" W FOR A DISTANCE OF 25.05 FEET; THENCE, S 62° 17'43" W FOR A DISTANCE OF 30.11 FEET;THENCE, S 36°08'29"W FOR A DISTANCE OF 49.01 FEET; THENCE, S 50° 51' 16" W FOR A DISTANCE OF 20.95 FEET; THENCE,N 62°35' 17" W FOR A DISTANCE OF 8.81 FEET; THENCE,N 84° 36' 55" W FOR A DISTANCE OF 53.20 FEET; THENCE, S 79° 54' 15" W FOR A DISTANCE OF 23.99 FEET; THENCE, S 74°28' 23" W FOR A DISTANCE OF 5.87 FEET; THENCE,N 12° 17' 24" W FOR A DISTANCE OF 6.54 FEET; THENCE,N 69°48' 15" W FOR A DISTANCE OF 50.70 FEET; THENCE,N 55° 18'48" W FOR A DISTANCE OF 39.46 FEET; THENCE, N 19° 05' 13" W FOR A DISTANCE OF 206.18 FEET; THENCE,N 46° 12'23" W FOR A DISTANCE OF 30.71 FEET; THENCE,N 82° 06' 05" W FOR A DISTANCE OF 31.70 FEET; THENCE, S 69° 15' 55" W FOR A DISTANCE OF 40.92 FEET; THENCE, S 75° 55' 34" W FOR A DISTANCE OF 29.69 FEET; THENCE, N 79° 09' 34" W FOR A DISTANCE OF 17.36 FEET; THENCE, N 82° 00' 07" W FOR A DISTANCE OF 31.38 FEET; THENCE, N 68° 04' 27" W FOR A DISTANCE OF 14.84 FEET; THENCE, N 60° 17' 18" W FOR A DISTANCE OF 57.39 FEET; THENCE, N 71° 10' 27" W FOR A DISTANCE OF 12.00 FEET; THENCE, N 45° 39' 12" W FOR A DISTANCE OF 28.56 FEET; THENCE N 07° 00' 06" W A DISTANCE OF 78.92 FEET TO THE POINT OF BEGINNING. 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Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1.. County Attorney Office County Attorney Office 2. BCC Office Board of County Commissioners b.1 irb/s/ I o/Zl/Z z 3. Minutes and Records Clerk of Court's Office td,,i,„„)._,,301 GA- PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec Phone Number 239-252-5805 Contact/ Department Agenda Date Item was 02/23/2010 Agenda Item Number 16.B.1 Approved by the BCC Resolution 2010-39 Type of Document Purchase Agreement Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on_02/23/2010_ and all changes made N/A is not during the meeting have been incorporated in the attached document. The County KD an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the nf N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the V an option for Chairman's signature. 0 this line. Please scan under BMR Real Property—51029—Golden Gate City Stormwater Improvements I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 168 I Project: 51029 Golden Gate City Stormwater Parcel: 204TCE Folio: 35983120001 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this f day of Crosi=� , , 2022, by and between AMONSEUL OCTAVIUS, a married person, joined by his wife, YRVANA OCTAVIOUS, whose mailing address is 4744 25th PL SW, Naples, Florida 34116-6916 (hereinafter"Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter"the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall CAO 16B 1 remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: ic- ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court & Comptroller COLLIER CO ,-FLORIDA BY: BY: &e) , Deputy Cler WI IAM L. McDANIEL, Jr., Chairman attestis to ►aic on's r: ^fE.Fsn{',ov. CAo 16B 1 AS TO OWNER: DATE / 0 (wi es, es as C ness ( ignature) AMON EUL OCTAVIUS Na'm rint'or Ty e) NICNI- 1(AC\ CCONIUS Witness (Signatuir ) YRVANA OCTAVIUS -:‘,/ Pl 12 tit Name (Print or Type) Approved as to form and legality: OWL 0. „0r- Derek D. Perry, Esq. 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The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1.. County Attorney Office County Attorney Office DDT �1�►y�zz 2. BCC Office Board of County Commissioners (141 h PO/( - 3. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec Phone Number 239-252-5805 Contact/ Department Agenda Date Item was 02/23/2010 Agenda Item Number ]6.B.1 Approved by the BCC Resolution 2010-39 Type of Document Purchase Agreement Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on_02/23/2010_ and all changes made N/A is not during the meeting have been incorporated in the attached document. The County KD an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the -p an option for Chairman's signature. this line. Please scan under BMR Real Property—51029—Golden Gate City Stormwater Improvements,205TCE I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 168 / Project: 51029 Golden Gate City Stormwater Parcel: 205TCE Folio: 35983760005 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this ZT1'N day of Oc'T 5E r2 , 2022, by and between REINIER RAMIREZ, a single man, whose mailing address is 4741 25th AVE SW, Naples, Florida 34116 (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter"the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place. excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10,00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall CAO 1 68 I remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE -This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: Oc:T Z.N ) a, z z ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court & Comptroller COLLIER CO/ = :IDA BY: BY: .+►' , Deputy t WILL' IAM L. McDANIEL, Jr., Chairman A a'Zs to Chairman' ;4 l3tUr°!N V C40 1b8 1 AS TO OWNER: DATED: 10 2.4 - 22. Wit ignature) R INIER RAMIREZ Sashcc RC( rez Name rint or Type) tness (Signature) ,tedd Mcv/i.i ez Name ('Print or Type) Approved as to form and legality: 61t-t/W� Derek D. Perry, Es . 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VI completed routing clips and original documents must he received in the('o'!nty kttorrtec( Tic, no later than Monda,s preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials I Date _ 1.. County Attorney Office County Attorney Office 2. BCC Office Board of County �� '��I Zz Commissioners 3. Minutes and Records Clerk of Court's Office WI b,101 (o/z7 PRIMARY CONTACT INFORMATION . Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec Phone Number 239-252-5805 Contact/ Department Agenda Date Item was 02/23/2010 Agenda Item Number 16.B.1 Approved by the BCC Resolution 2010-39 Type of Document Purchase Agreement Number of Original 1 u AttachedDocuments Attached • INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) ' I. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes. N/A • provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. ._ ... 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain i time frame or the BCC's actions are nullified. Be aware of your deadlines! Ili8. The document was approved by the BCC on_02/23/2010_ and all changes made N/A is not during the meeting have been incorporated in the attached document. The County KD an option for Attorney's Office has reviewed the changes,if applicable, this line. on. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the I p an option for Chairman's signature. c this line. Please scan under BMR Real Property—51029—Golden Gate City Stormwater Improvements, 206TCE I. Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 A6a1 Project: 51029 Golden Gate City Stormwater Parcel: 206TCE Folio: 35984600009 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of (�C T oSe , 2022, by and between PFPI, LLC, a Florida limited liability company, whose mailing address is 5290 Golden Gate Parkway, Naples, Florida 34116 (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). I I WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and { WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall 16 d1 remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE -This Agreement is governed and construed in accordance with the laws of the State of Florida. I i IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: OCT 2 y, Za z ATTEST: CRYSTALk. KI 4 EL, Clerk of the BOARD OF COUNT COMMISSIONERS Circui#tourt & Comptroller COLLIER CO 'L IDA BY: / BY: , Deputy Clerk WI AM L. McDANIEL, Jr., Chairman Attest as icir4hailiftilli signature oi% . I 6 8 i AS TO OWNER: DATED: lb 1`k22 PFPI, LLC, a Florida limite liability corn fly By: � I 77,/ � - , it ss (Signa u MATTHEW Z. PIKUS, Manager Name Print or Type) Wi Hess (Si nat re) Name (Print or Type) Approved as to form and legality: „PeitiA.P. e.‘ Derek D. Perry, Esq. 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I -z-( m o v Z m 0 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1681 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pit, , papa. AItalrl III - Igillal &IC11111cut. I he unrltIlCictl niuttut 1111) dud un',',n1a1 JM11111flll, arr to be lilt Nardtd Ul lilt l-UWIU lathilllt) at the time the item is placed on the agenda. NII completed routing Oipc :ultt original dncumentc moo fir rrrrisrrl In thr f'nunty Attorney Wier m. than Monday preceding the Beard meeting. **NEW** ROUTING SLIP Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # 1 through #2, complete the checklist, and forward to the County Attorney Office. Route to Addressee(S) (List in routing order) Office Initials Date L. County Attorney Office County Attorney Office 2. BCC Office Board of County L Commissioners 3. Minutes and Records Clerk of Court's Office (,U�► 10 27 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec Phone Number 239-252-5805 Contact / Department Agenda Date Item was 02/23/2010 Agenda Item Number 16.B.1 Approved by the BCC b Resolution 2010-39 Type of Document Purchase Agreement Number of Original I Attached I Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not aDDroDriate. (Initial) A licable 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes. N/A provide the Contact Information Name; Agency; Address; Phone on an attached sheet. 3. Original document has been signed/initiated for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike -through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature lute date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicathig where the Chairman's K signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on _02/23/2010_ and all changes made N/A is not during the meeting have been incorporated in the attached document. The County KD an option for Attorne 's Office has reviewed the changes, if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC, all changes directed by the BCC have been made, and the document is ready for the an option for Chairman's signature. this line. Please scan under BMR Real Property — 51029 — Golden Gate City Stormwater Improvements, 206TCE �1 I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 1681 Project: 51029 Golden Gate City Stormwater Parcel: 206TCE Folio: 35984600009 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of dC 7`0f3EfZ , 2022, by and between PFPI, LLC, a Florida limited liability company, whose mailing address is 5290 Golden Gate Parkway, Naples, Florida 34116 (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities, subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the SLIM of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. TIME IS OF THE ESSENCE - Both Owner and the County agree that tirne is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall 1681 remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein-, and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: OCIT Zq, Z a 7 Z ATTEST: CRYSTf\L K. K1NrZEL, Clerk of the Circuittourt & Comptroller BY I t ' Deputy°Clerk SitteSt as IIO Cita� BOARD OF COUNT COMMISSIONERS COLLIER CO2t�DA BY: WI , AM L. McDANIEL, Jr., Chairman 1681 AS TO OWNER: DATED: 22 it ss (Signa u P Name Print or Type) ess t5itin 'R a w.l rt p Apt, c--e Name (Print or Type) Approved as to form and legality: PLU co ! Derek D. Perry, Esq. �III/ Assistant County Attorne U` l� Last Revised 7/13/22 PFPI, LLC, a Florida limited liability company MATTHEW Z. PIKUS, Manager M O0 O � O O r O mo M > m �-f 70 C < D rT—�Or O O0 ZMM O 0s ->� M mmZ CAI] Z r ---I M M M O m =� jo m y 0 m N N � map �N0 .gyp Ni�N�OZ NecN. lzq v O N Z rmpW> zM A C. 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Attach to original document. Ike completed routing slip and original documents are to be forwarded to the County Attorney Office at the lime the item is placed on the agenda. All completed routing slips and original documents must he received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed, If the document is already complc tc with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 2. 3 County Attorney Office County Attorney Office Øgf7 4. BCC Office Board of County Commissioners bin Ay OW /Z/i'i/Z 2 5. Minutes and Records Clerk of Court's Office N,C r /"-/'i, !;& PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Craig Brown Growth Mangement, Phone Number (239)252-2548 Contact/ Department Development Review Agenda Date Item was .2/ ICI Agenda Item Number Se.-e- kes.,lu c=t Approved by the BCC / a01 O-31 ( (e ,13• I ) Type of Document .-Rcserlutien Number of Original ] .. Attached Ca '�►trl Documents Attached PO number or account 131-138326 — b y 1.030 number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? CB 2. Does the document need to be sent to another agency for additional signatures? If yes, CB provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be CB signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the CB document or the final negotiated contract date whichever is applicable. -- 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on,V-23/2oioand all changes made during VO('the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the oo BCC, all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 4481 INSTRCLERK 6341628OFTHE OR 6199 PG 1URT761 RECORDED 12/16/2022 2:11 PM PAGES 10 CIRCUIT CO AND COMPTROLLER COLLIER COUNTY FLORIDA DOC@70$0.70 REC$86.50 THIS INSTRUMENT PREPARED BY&RETURN TO: NAME: QUATTRONE&ASSOCIATES ADDRESS: 4301 I ERONICA SHOEMAKER BLVD FORT MYERS, FL 33916 PARCEL LD. # 00214480005 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT h THIS CONSERVATION EASEMENT given this 3 day of December 2022, by St Paul Antiochian Orthodox Church, Inc a/k/a St. Paul Antiochian Orthodox Church Corporation as Grantor, whose address is 2425 Rivers Rd. Naples, FL 34120, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the "parties." WHEREAS, St Paul Antiochian Orthodox Church, Inc is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" attached hereto (hereinafter referred to as the "property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind St Paul Antiochian Orthodox Church Inc; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit "B" (the Easement Property). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. St Paul Antiochian Orthodox Church, Inc, its successors, heirs, assigns and/or transferees, hereby grants a non-exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, Revised 2/13/2019 1 1681 shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 3. St Paul Antiochian Orthodox Church, Inc, its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. Revised 2/13/2019 2 1681 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and delivered in the presence of: WITNE SES: St Paul Antiochian Orthodox Church, Inc a/k/a St.Paul Antiochian Orthodox Church Corporation r' ted ame: By: Elias Hebeka (President) Pr' ted Name: . MANS Revised 2/13/2019 3 1681 STATE OF FLORIDA COUNTY OF COLLIER Foregoing instrument was subscribed, sworn and acknowledged before me this day of jC G:ejyL6-E , 20 Zz , by lias Hebeka, as President for St Paul Antiochian Orthodox Church, Inc and who is personally known to me or [ ] who produced ,,,. — _ as identificati n. :: I I jil. CV * 1 �•� * = NOTA UBLIC �+ : BEAN T.MAMOS • �' Printe ame: My Commission Expire ..S.cUnd..• •1,\o'-'� G G B(IQ.Siik.10��.�``. Co a Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: 071By: c. Deputy Clerk William L cDaniel Jr., Chairperson Attest as to Chairman'' signature only. Approved as to form and 1L:.. suff ie y• �' / ,‘," THIS CONVEYANCE ACCEPTED BY Derek Perry THE BOARD OF COUNTY Assistant County Attorney COMMISSIONERS , COLLIER COUNTY, FLORIDA, PURSUANT CP\11-ENS-00442\4 TO AGENDA DATED 2/2 3/2 010 , ITEM NO . 16 .8 . 1 , RESOLUTION NO . 2010-39 Revised 2/13/2019 4 1681 Exhibit "A" EXHIBIT A 1681 K. E. TRASK, P.A. LAND SURVEYORS A PARCEL LYING IN SECTION 30,TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (2425 RIVERS ROAD) A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 30;, TOWNSHIP 48 SOUTH,RANGE 27 EAST, BEING THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 2448,PAGE: 2979, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 30; THENCE 5.02°07'56"E. ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30 FOR 188.56 FEET TO THE SOUTH RIGHT OF WAY LINE OF IMMOKALEE ROAD (STATE ROAD 856)AS DESCRIBED IN OFFICIAL RECORDS BOOK 3662, PAGE 1729,SAID PUBLIC RECORDS; THENCE S.86°03'01"W. ALONG SAID RIGHT OF WAY FOR 10.01 FEET TO THE NORTHEAST CORNER OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 2448, PAGE 2979 AT THE WEST RIGHT OF WAY LINE OF RIVERS ROAD, AND THE POINT OF BEGINNING; THENCE S.02°07'56"E. ALONG THE BOUNDARY OF SAID PARCEL AND SAID WEST RIGHT OF WAY LINE OF RIVERS ROAD FOR 1149.90 FEET; THENCE S.86°05'13"W. ALONG SAID BOUNDARY FOR 312.83 FEET;THENCE N.02°05'03"W.ALONG SAID BOUNDARY FOR 1149.73 FEET TO SAID SOUTH RIGHT OF WAY LINE OF IMMOKALEE ROAD (STATE ROAD 856); THENCE N.86°03'01"E. ALONG SAID BOUNDARY AND SAID SOUTH RIGHT OF WAY LINE OF IMMOKALEE ROAD (STATE ROAD 856) FOR 311.88 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 358969.52 SQUARE FEET OR 8.24 ACRES, MORE OR LESS. BEARINGS ARE BASED ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 30 AS BEARING S.02°07'56"E. KE TRASK, P.A. JUNE 2, 2022 FLORIDA LICENSED BUSINESS LB8450 Digitally signed by Kenneth E. Kenneth E.Trask Trask Date 2022.11.04 1025,43-04'00' KENNETH E.TRASK PROF ESSIONAL LAND SURVEYOR FLORIDA LICENSE LS4684 SHEET 1 OF 2 12345 BLASINGIM ROAD • FORT MYERS, FL 33966 EXHIBIT A 1 6 8 1 —NORTH LINE SECTION 30 1 • _ P.O.C.-- N. 1/4 CORNER 81 ' SECTION 30 218 LESS N. 100' 0 0 IMMOKALEE ROAD _ _ Im —1 — (STATE ROAD 846) Ea co OD im CO 0 RIGHT OF WAY TAKING 2 PARCEL OR 3662 PG 1729 BOUNDARY L1 (f)-- 1 N86'03'01"E 311.88'( z 0 N PARCEL P.O.B.1 X N 0 BOUNDARY I w o 71 SUBJECT PARCEL I N OR 2448, PG 2979 01 ri r y 358969.52 SQUARE FEET m CO 8.24 ACRES, MORE OR LESS - cO Ig a CO a A I N PARCEL--` 1,1 o BOUNDARY z 0 cri rn W. 100' o E.1/2-S.E.1/4-N.E.1/4-N.W.1/4 N E.1/2-N.E.1/4 I E.1/2-N.E.1/4-N.E.1/4-N.W.1/4 -o LESS E. 10' 70 0 rn N.E.1/4-N.W.1/4 LESS W. & N. 100' < c D Ni LESS N. 100' AND LESS E. 10' 0 73 co LESS E. 10' a) D co 0 cn LESS E. 10' rn D N ZI N r 0 0 N SUBJECT PARCEL N Z rn con OR 2448, PG 2979 ., o u• 358969.52 SQUARE FEET rn m 8.24 ACRES, MORE OR LESS 4. N rn $0 v 0 0 W O Z PARCEL— I o IBOUNDARY — _1 _ — — PARCEL BOUNDARY ) BOUNDARY E.1/2-S.E.1/4-N.E.1/4-N.W.1/4 I - S86'05'13'W 312.83' LESS E. 10' LEGEND P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING LS LICENSED SURVEYOR LINE TABLE LB LICENSED BUSINESS O.R. OFFICIAL RECORDS BOOK LINE BEARING — DISTANCE PG. PAGE L1 S86'03'01"W 10.01' SKETCH TO ACCOMPANY THIS IS NOT A BOUNDARY SURVEY K.E. Trask, P.A. DESCRIPTION Land Surveyors Digitally signed by Kenneth E. Florida Licensed Business No. LB8450 OF A PARCEL LYING IN Kenneth E.Trask Trail Daze:2o22at.onto eale4vo• 12345 Btasingim Rood SECTION 30,TOWNSHIP 48 SOUTH, Fort Myers, Florida 33966 RANGE 27 EAST, KENNETH E. TRASK DATE (239) 980-1495 COLLIER COUNTY, FLORIDA. FLORIDA iLLIICENSE NO.NAL LAND S S4 84� m dote deg .jai. # sheet 6-2-22 I20-1575K-6ORYI 1"=100' 1 20-157 I 2 OF 2 t68 ! Exhibit " B" EXHIBIT B 1 6 $ 1 K. E. TRASK, P.A. LAND SURVEYORS A PARCEL LYING IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (CONSERVATION EASEMENT) AN EASEMENT SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, BEING A PART OF THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 2448, PAGE 2979, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 30; THENCE S.02°07'56"E. ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30 FOR 188.56 FEET TO THE SOUTH RIGHT OF WAY LINE OF IMMOKALEE ROAD (STATE ROAD 856)AS DESCRIBED IN OFFICIAL RECORDS BOOK 3662, PAGE 1729, SAID PUBLIC RECORDS; THENCE S.86°03'01"W. ALONG SAID RIGHT OF WAY FOR 10.01 FEET TO THE NORTHEAST CORNER OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 2448, PAGE 2979; THENCE CONTINUE S.86°03'01"W. ALONG THE BOUNDARY LINE OF SAID PARCEL AND SAID RIGHT OF WAY LINE FOR 291.86 FEET TO THE POINT OF BEGINNING; THENCE S.02°02'58"E. FOR 214.02 FEET; THENCE S.23°10'41"E. FOR 24.79 FEET; THENCE S.04°09'03"E. FOR 101.90 FEET; THENCE N.85°42'45"E. FOR 52.81 FEET; THENCE 5.03°55'40"E. FOR 84.33 FEET; THENCE 5.19°47'31"E. FOR 59.06 FEET; THENCE S.01°40'56"E. FOR 669.67 FEET TO SAID BOUNDARY OF THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 2448, PAGE 2979; THENCE S.86°05'13"W. ALONG SAID BOUNDARY FOR 101.27 FEET;THENCE N.02°05'03"W.ALONG SAID BOUNDARY FOR 1149.73 FEET TO SAID SOUTH RIGHT OF WAY LINE OF IMMOKALEE ROAD (STATE ROAD 856); THENCE N.86°03'01"E. ALONG SAID BOUNDARY AND SAID RIGHT OF WAY LINE FOR 20.01 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 90090.16 SQUARE FEET OR 2.07 ACRES, MORE OR LESS. BEARINGS ARE BASED ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 30 AS BEARING S.02°07'56"E„ KE TRASK, P.A. JUNE 2, 2022 FLORIDA LICENSED BUSINESS LB8450 Diraskgitally signed by Kenneth E. Kenneth E.Trask T Date:2022.11.0410:29:59-04'00' KENNETH E.TRASK PROF ESSIONAL LAND SURVEYOR FLORIDA LICENSE LS4684 SHEET 1 OF 2 12345 BLASINGIM ROAD • FORT MYERS, FL 33966 EXHIBIT B 1601 NORTH LINE SECTION 30- _ ....4011.- P.O.C. N. 1/4 CORNER SECTION 30 0 8 LESS N. 100' 0 0 U_Q V _ I IMMOKALEE ROAD _ _ I� 1 (STATE ROAD 846) LE SS E. 10' _ i� PARCEL i~ O rn BOUNDARY RIGHT OF WAY TAKING u I OR 3662 PG 1729 I I E.1/2-S.E.1/4-N.E.1/4-N.W.1/4 L1 a LESS E. 10' L10 S86'03'01"W 291.86' `\V Ni \ 0 1 LA / I o I P.O.B. I PARCEL I r---I BOUNDARY m PARCEL-__ D f II BOI�NDARY CO :,.I I r w Z i rnL 25' BUFFER I W. NOE 1/41 N2 W.1/4/4 I i LESS N. 100' IAI O I m I0° OR 2448, PG 2979 73 c-> u m 0' I I 25' BUFFER I(20 I 73 o i E.1/2-N.E.1/4-N.E.1/4-N.W.1/4 Ia I O a)LESS W. & N. 100' AND LESS E. 10' I D x CO o \ I Im OR 2448, PG 2979 O O A COon Icrt I 10 m LESS E. 10' SUBJECT Ir �� I CONSERVATION rnr N L5 SUBJECT I"�- EASEMENT I'-"—' I ( CONSERVATION I. 0 r-�{'�- I 90090.16ESQUARE FEET d EASEMENT I 2.07 ACRES, MORE OR LESS (�w I; I 90090.16 SQUARE FEET r rn 2.07 ACRES, MORE OR LESS I C) ! I i z W I. � iLA \ PARCEL-`� i • rr� ` BOUNDARY PARCEL - r•1 I BOUNDARY -r I L9 S86'05'13"W 312.83' PARCEL I I BOUNDARY •r0 I E.1/2-S.E.1/4-N.E.1/4-N.W.1/4 LESS E. 10' LINE TABLE I LINE BEARING — DISTANCE L1 S86'03'01"W _ 10.01' L2 SO2'02'58"E214.02' _ LEGEND L3 S23'10'41"E _ 24.79' L4 SO4'09'03"E 101.90' P.O.C. POINT OF COMMENCEMENT L5 N85'42'45"E 52.81 P.O.B. POINT OF BEGINNING L6 S03'55'40"E _ 84.33' LS LICENSED SURVEYOR L7 S19'47'31"E _ 59.06' LB LICENSED BUSINESS LS SO1'40'56"E _ 669.67' O.R. OFFICIAL RECORDS BOOK L9 S86'05'13"W 101.27' PG. PAGE L10 N86'03'01"E 20.01' SKETCH TO ACCOMPANY THIS IS NOT A BOUNDARY SURVEY K.E. Trask, P.A. DESCRIPTION Land Surveyors OF AN EASEMENT LYING IN Kenneth E.TraskD4g,,tyaltysignedbyKennetht. Florida Licensed Business No. LB8450 SECTION 30,TOWNSHIP 48 SOUTH, ate,2022.11.0410:3015-04'ar 12345 Blosinglm Rood Fort Myers, Florida 33966 RANGE 27 EAST, KENNETH E. TRASK DATE (239) 980-1495 COLLIER COUNTY, FLORIDA. FLORIDAPROFESSIONAL NSE No.SURVEYOR 6 84 date °°a° jow sheet 6-2-22 [deg20-1575K-CE 11"=100' 1 20-157 i 2 OF 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 8 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to he forwarded to the('aunty Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines tl 1 through 112 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#11 through 112,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. Deputy Clerk Clerk of Courts 3 County Attorney Office County Attorney Office %Or 10°k2 4. BCC Office Board of County Commissioners (vp7 iy j1/ 12/Ny/ZZ 5. Minutes and Records Clerk of Court's Office rvi F PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Craig Brown Growth Management, Phone Number (239)252-2548 Contact/ Department Development Review Agenda Date Item was 2/23/2010 Agenda Item Number Item 2010-39(16.B.1) Approved by the BCC Type of Document -Resell ttiorr- Corksery Ec,,se,rt. + Number of Original 1 Document Attached Documents Attached PO number or account 131-138326-649030 number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? CB 2. Does the document need to be sent to another agency for additional signatures? If yes, CB provide the Contact Information (Name;A_gency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be CB signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the CB document or the final ne otiated contract date whichever is applicable. 6. "Sign here"tabs are • ..ed on the appropriate pages indicating where the Chairman's CB signature • initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 2/23/2010 and all changes made during the meeting have been incorporated in the attached document. The County n ,r� Attorney's Office has reviewed the changes,if applicable. Ij 1/ 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made, and the document is ready for the or Chairman's signature. J I 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1681 COLLIER COUNTY, FLORIDA AND NO/100 DOLLARS N/A 18TH DAY OF APRIL, 2003STATE OF FLORIDA COUNTY OF COLLIER THIS INSTRUMENT PREPARED BY& RETURN TO: NAME: THE LAW OFFICE OF MATTANIAH S. JAHN, P.A. ADDRESS 935 MAIN STREET, SUITE D1 SAFETY HARBOR, FL 34695 !NSTR 6341634 OR 6199 PG 1783 RECORDED 12/16/2022 2:16 PM PAGES 8 PARCEL # 32634720009 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA I.D. DOC@.70$0.70 REC $69.50 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this _ day of _, 20 , by Tafara Lodge, LLC, (hereinafter "Tafara" or "Grantor") as Grantor, whose address is 3585 41st Ave NE Naples, Fl 34120, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the "parties." WHEREAS, Tafara is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" attached hereto (hereinafter referred to as the "Property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind Tafara; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit"B" (the Easement Property). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. Tafara its successors, heirs, assigns and/or transferees, hereby grants a non- exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. Revised 11/16/2021 1 CAO 1681 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 3. Tafara its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. Revised 11/16/2021 2 C10 1681 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and delivered in the presence of: WITNESSES:` Tafara Lodge, LLB CC r Printed Name:_‘ ,c \ ' .- \cA/1 Wvl.- P • d Name: -70t,14 Printed ame:� _. _ reCt. z • As: 1/ 4 `A I: / . Revised 11/16/2021 3 'F0 1681 STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrument was subscribed, Amorn and acknowledged before me by physical presence this _ 70 day of _ _, 20 27, by [authorized signor of Grantor entity] l , , as [title] 10 6 v, for [entity] - L 0‘)641 LC_ _, and who is personally known to me or [ ] who produced as iden ification. ��`'1T V,'�i TODD ALLENAr0 iice.=Notary Public-State of Florida �`,�1i1•p Commission s HH 259935 'V� ,N;;1 My Commission Expires � ,ii����"� June 15, 2026 NO 'A• '-="r IC Printed Name: -ro- i) Cit.)") My Commission Expires: Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA ( e)'• By: _ • c • Deputy Clerk W i 1 an L. McDaniel, r. , Cha man Attest as to Chairman's signature only. THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT TO AGENDA DATED 2/23/2010, ITEM NO. 16.B.1, RESOLUTION NO. 2010-39 Ap ved as to form and Ier l i- j : Derek D. Perry Assistant County Attorney CP\11-ENS-00442\4 Revised 11/16/2021 4 77 1681 EXHBIT A Legal Description — Parent Parcel PARENT TRACT: (TITLE) Situated in the County of Collier, State of Florida Tract 122, Floridian Farm Sites, According to Map or Plat thereof as recorded in Plat Book 4, Page 33, Public Records of Collier County, Florida. Revised 11/16/2021 5 "4' 1 +68k , S 88.02'48' E 332,67'(0 338.88'(R) 4 STRAND GARBED WIRE.NC�•�'' '' _ SCOTT AND SHIRLEY KOGER APN: 32634680000 p TRACT 121 TAFARA LODGE LLC,A FLORIDA Q FLORIDIAN FARM SITES LIMITED LIABILITY COMPANY Oe PLAT BOOK 4, PAGE 33 APN: 32634640008 �� TRACT 120 Z° FLORIDIAN FARM SITES 0-1 PLAT BOOK 4, PAGE 33 Z Wm0 1 SURVEYOR'S NOTES 1 / I 1. The following surveying instruments were used at I / time of field visit: Nikon NPL-352, Total Station, I / / Reflectorless and Hiper + Legacy E RTK, GD 1HZ. I PARENT PARCEL I 2. Bearings are based on Florida East State Plane I TAFARA LODGE, LLC A FLORIDA 1 Coordinates NAD 83 by GPS observation. I LIMITED LIABILITY COMPANY I I 3. Na underground utilities, underground I • APN: 326347200009 I I encroachments or building foundations were BOOK 5308, PAGE 858 I I measured or located as a part of this survey, I FLORIDIANTRA FARM SITES ICT 122 j unless otherwise shown. Trees and shrubs not I I—� located, unless otherwise shown. PLAT BOOK 4, PAGE 33 i 4. This is not intended to delineate the regulatory fII S �/ jurisdiction of any federal, state, regional or local in I (PER TAX CARD) it I N agency, board, commission or other similar entity. o I /, 1 5. Attention is directed to the fact that this survey D /'?I may have been reduced or enlarged in size due to / reproduction. This should be taken into w" ' 1 11 3 o consideration when obtaining scaled data. v 11 1 inka 6. This Survey was conducted without the benefit ill \ 1 of an Abstract Title search. TAFARA LODGE, LLC A FLORIDA \ C) 7. Survey shown hereon conforms to the Minimum o LIMITED LIABILITY COMPANY \\ \ 'N Requirements as set forth by the State Board for APN: 32634600006 \ g a Class "A" Survey. z TRACT 119 \ •\ vi 8. Field data upon which this map or plat is based I FLORIDIAN FARM SITES has a closure precision of not less than one foot >-z 'I PLAT BOOK 4, PAGE 33 in 15,000 feet (1':15,000') and an angular error i that does not exceed 10 seconds times the square root of the number of angles turned. Field traverse U was not adjusted. J _ 9. This survey is not valid without the original I signature and the original seal of a state licensed I m ,� I surveyor and mapper. W'n — — — — J \ \\ 10. This survey does not constitute a boundary o I — — — — —I_ _ survey of the Parent Tract. Any parent tract F28M(ng I I I I property lines shown hereon are from supplied N I I information and may not be field verified. o \ oml 0 I \ \ o m m \\ \\ 0 100' 200' \ <a 9a ) \ / — -A /// SCALE: 1" = 100' LI o I I / / oo I I 5 RAND BARB • WIRE FENCE / / I I • / / I / F _f P=_N 88.02'34' W 338.80'(N) — — - — — I 338.7B'(R) )P -----••--- —oP— PARENT TRACT: Situated in the County of Collier, State of Florida Tract 122, Floridian Farm Sites, According to Map or Plat thereof as recorded in Plat Book 4, Page 33, Public Records of Collier County, Florida. SURVEYOR'S CERTIFICATION I certify that all parts of this survey and drawing have been A. /, completed in accordance with the current requirements of the ', `E- •.•C 4?I Standards of Practice for Surveying in the State of Florida to the r ,: : C„,j` n' •. -j best of my knowledge, information, and belief. V t,� F . 'r. w r ea • t:'. 1681 Exhibit B Legal Description — Preservation Area PRESERVE AREA "A": (AS SURVEYED) Being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; BEGINNING at a 5/8" rebar found marking the Northwest corner of said Tract 122; thence S 88°02'48" E a distance of 332.67 feet to a point; thence S 00 20 55 W a distance of 446.87 feet to a point; thence N 90°00'00" W a distance of 238.01 feet to a point; thence S 00°00'00" E a distance of 30.00 feet to a point; thence N 90°00'00" W a distance of 99.24 feet to a point; thence N 00°52'46" E a distance of 488.26 feet to the POINT OF BEGINNING. Containing 154,430.968 square feet, 3.545 acres of land. PRESERVE AREA "B": (AS SURVEYED) Being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; BEGINNING at a 5/8" rebar found marking the Southwest corner of said Tract 122; thence N 00°52'45" E a distance of 162.87 feet to a point; thence N 90°00'00" E a distance of 99.40 feet to a point; thence S 00°00'00" W a distance of 40.00 feet to a set 5/8" rebar; thence N 90°00'00" E a distance of 172.61 feet to a point; thence N 00°00'00" W a distance of 40.00 feet to a point; thence N 90°00'00" E a distance of 65.15 feet to a point; thence S 00°20'55" W a distance of 174.42 feet to a point; thence N 88°02'34" W a distance of 338.80 feet to the POINT OF BEGINNING. Containing 50,085.161 square feet, 1.150 acres of land. Revised 11/16/2021 , 1681 • S 88.02'48' E 332.67' 4 STRAND ARBED WIRE NCE x SCOTT AND SHIRLEY KOGER APN: 32634680000 TRACT 121 TAFARA LODGE LLC,A FLORIDA p FLORIDIAN FARM SITES LIMITED LIABILITY COMPANY PLAT BOOK 4. PAGE 33 APN: 32634640008 O ' TRACT 120 Ct� POB FLORIDIAN FARM SITES Zo PERSERVE AREA "A" PLAT BOOK 4, PAGE 33 Od 5/8" REBAR Za m% PARENT PARCEL I ' SURVEYOR'S NOTES TAFARA LODGE, LLC A FLORIDA LIMITED LIABILITY COMPANY 1. The following surveying instruments were used at APN: 326347200009 / time of field visit: Nikon NPL-352, Total Station, BOOK 5308, PAGE 858 / ^ Reflectorless and Hiper + Legacy E RTK, GD 1HZ. N TRACT 122 / co 2. Bearings are based on Florida East State Plane I of FLORIDIAN FARM SITES / Coordinates HAD 83 by GPS observation. xr PLAT BOOK 4, PAGE 33I 3. No underground utilities, underground 5 ACRES I 3 encroachments or building foundations were t w (PER TAX CARD) I measured or located as a part of this survey, I o xr �I -, unless otherwise shown. Trees and shrubs not VI o located, unless otherwise shown. I I un'i /+-I 'No 4. This is not intended to delineate the regulatory - o jurisdiction of any federal, state, regional or local I I o PRESERVE AREA "A" la agency, 9 entity. II Z 154,430.968 SQUARE FEET /�/ co 5. Attention isdirected tothe fact rthart ilthis ar survey 3.545 ACRES may have been reduced or enlarged in size due to I I:; I reproduction. This should be taken into consideration when obtaining scaled data. I I I I 6. This Survey was conducted without the benefit TAFARA LODGE, LLC A FLORIDA \ of an Abstract Title search. I I LIMITED LIABILITY COMPANY \ 7. Survey shown hereon conforms to the Minimum I APN: 32634600006 Requirements as set forth by the State Board for TRACT 119 \ \ a Class "A" Survey. FLORIDIAN FARM SITES 8. Field data upon which this map or plat is based a I I" PLAT BOOK 4, PAGE 33 1 I has a closure precision of not less than one-foot in 15,000 feet (1':15,000') and an angular error o o I I I that does not exceed 10 seconds times the square I„ root of the number of angles turned. Field traverse I I S 00'00'00' E N 90.00'00' W 238.01' 4 I was not adjusted. ffi 30.00'\ h 9. This survey is not valid without the original Q ,nM I I N 90'00'00' W '`I f I signature and the original seal of a state licensed ww 99,24' 3 N\ 0 0'00' E surveyor and mapper. PN a I 1� �6 .15' 10. This survey does not constitute a boundary �a N 90'00'00' E S 00'00'00' W o,4' ---� survey of the Parent Tract. Any parent tract a.• I n 99.40' It 40.00' ool I property lines shown hereon are from supplied w I o of ` I information and may not be field verified. o Y IW al Q� ni6 C. N 7 o CO I�I N 90'00'00' E 172.61' Z \ \ xt- a oa Iw I \ Po i 50 085SE61 E AREA SOUARE"BEET \a 00 200' iu POB 1.150 ACRES / /NEMI NMI - W tin„ / PERSERVE AREA "B" - 0 I o 5/8" REBAR �� o —Is TRAND BARB IP W. / SCALE: 1" = 100' ZI n N 88.02'34' W 338.80' FENCE' - I I r —Op----- PRESERVE AREA "A": (AS SURVEYED) SURVEYOR'S CERTIFICATION Being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 I certify that all parts of this survey and drawing have been South, Range 27 East in said County and being more particularly described as follows; completed in accordanceacf with eye current requirements Floridathe BEGINNING at a 5/8" rebar found marking the Northwest corner of said Tract 122; Standardse of Practice for Surveying in the State of Flid to the thence S 88'02'48" E a distance of 332.67 feet to a point; thence S 00'20'55" W a best of my knowledge, information, and belief. distance of 446.87 feet to a point; thence N 90'00'00" W a distance of 238.01 feet to • a a point;ithence S 00'00 00" E a distanceoint; of 30.00 feet to a point;ithencen N 90'00'00" W a distance of 99.24 feet to a point; thence N 00'52'46" E a distance of 488.26 feet to the POINT OF BEGINNING. Containing 154,430.968 square feet, 3.545 acres of land. PRESERVE AREA "B": (AS SURVEYED) d. Being a portion of Tafara Lodge, LLC, A Florida Limited Liability Company tract William H. Sommerville, Ill '�11 • 1 described as Tract 122 in Plat Book 4, Page 33 recorded in the Public Records Office Florida License No. 0006141 • in Collier County, Florida situated in the Northwest 1/4 of Section 25, Township 49 South, Range 27 East in said County and being more particularly described as follows; • BEGINNING at a 5/8" rehar found a,nrl:nn +r,a c..�,+i,.,. * r___. �" ell• ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 81 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO TILL+', BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney 01 ice at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines Ill through 112 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines III through 112,complete the checklist,and forward to the County Attorney Office, Route to Addressees) (List in routing order) Office Initials Date 2. 3 County Attorney Office County Attorney Office {� o 0 I Z/i 3/Z2 4. BCC Office Board of County Commissioners (ll'Uy#2 / I2/(y/ZZ 5. Minutes and Records Clerk of Court's Office (9 l//aa- y: PRIMARY CONTACT INFORMATION � Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jaime Cook/GMD Phone Number 239.252.6290 Contact/ Department Agenda Date Item was 02/23/2010 Agenda Item Number See Resolution 2010-39 Approved by the BCC (16.13.1) "Type of Document Conservation Easement Number of Original 1 Attached Documents Attached PO number or account 131-138327-649030 number if document is Clerk to email receipt of payment to to be recorded Lucia.Martingcolliercountyfl.gov INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? JC 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JC signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JC document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 2/2 31 l0 and all changes made during Q N/A is not the meeting have been incorporated in the attached document. The County 00( an option for Attorncy's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the /A is not BCC, all changes directed by the BCC have been made,and the document is ready for the 00 e in option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1681 INSTR 6341624 OR 6199 PG 1743 RECORDED 12/16/2022 2:06 PM PAGES 13 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA DOC@ 70$0.70 REC $112.00 THIS INSTRUMENT PREPARED BY&RETURN TO: NAME: ReilRnais Christian- M1s rant Association, Inc . ADDRESS: 402 W. Main Street Imm©kalee , FL 34142 PARCEL I.D. # SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this 13th day of December , 20 21 , by [Name of Grantor] Redlands Christian Migrant Association, Inc. (hereinafter RCMA), as Grantor, whose address is [address of Grantor] 402 W. Main St, Immokalee, Florida 34142 , to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the "parties." WHEREAS, [Grantor] RCMA is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" [include a Plat Book and Page reference in Exhibit"A"] attached hereto (hereinafter referred to as the "property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind [Grantor] RCMA ; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit"B" (the Easement Property). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. [Grantor] RCMA, its successors, heirs, assigns and/or transferees, hereby grants a non-exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing Revised 2/13/2019 1 1681 of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 3. [Grantor] RCMA, its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. Revised 2/13/2019 2 I68i 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and delivered in the presence of: WITNE S: Redlands Christian Migrant Association, Inc. Prin ed Name: I Viduz/A . (eSjjG =�'�-�-0 By: Isabel Garcia, Executive Director Printed Na e: Wla(danrclo Revised 2/13/2019 3 1681 STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrume4it was su scribed, sworn and acknowledged before me this l day of , , 20 2-1 , by [authorized signor of Grantor enti ] e [ a�.� 9asd [title] eli or [entity] tA.� l.c�.4,d.s („I�.nrt4" ll�lia t �? fid who is [ ] personally known to me or [y]'who produced — as identification. mot :P*B(,c MISTY SMITH ` * (_i:.. * Commission#HH 097436 -7nA °!'4-0,Ft�P\ Bond Expires Services NOTARY PU C Printed Name: ILI11 Sin My Commission Expires: ✓- inr en" Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA (.61). I, !..„ "100 By: _.r(2/e1/ i �• " D putt' Clerk Wild am . ' c•an e , r. Chi rrnr,rr Attest as to chairman's signature only. THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT TO AGENDA DATED 2/23/2010, ITEM NO. 16.B.1, RESOLUTION NO. 2010-39 Ap ved as to form and L a suffic. nc . 0 '' )/---- , erek D. Perry Assistant County Attorney CP\11-ENS-00442\4 Revised 2/13/2019 4 1681 1 Exhibit "A" 16Q �, *** OR 5917 PG 982 *** EXHIBIT A LEGAL DESCRIPTION i THAT 4.06,1THE THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP OUTH, RANGE 29 EAST, COLLIER COUNTY FLORIDA,LYING NORTH OF C.R.,B90i LESS THE NORTH, EAST,AND WEST 30 FEET THEREOF, LESS LANDS`15ESCRIBED IN O.R. BOOK 551,PAGE 577;LESS LANDS DESCRIBED IN OR. B OK 739,PAGE 675; LESS LANDS DESCRIBED IN O.R. BOOK 770, PAGE`19`6•LESS LANDS DESCRIBED IN O.R. BOOK 957,PAGE 1736, LESS LANDS DESCRIBED IN O.R. BOOK 2280,PAGE 757; LESS ALL OF CARSON ROAD MOBIL HOME SUBDIVISION,AS RECORDED IN PLAT BOOK 31,PAGE 1, LESS CARSON ROAD; AND LESS LAKE TRAFFORD ROAD,ALL RECORDINGS OF THE PtTPLIC RECORDS OF COLLIER COUNTY,FLORIDA. f LESS AND EXCEPT: PARCEL TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,tO R COUNTY,LYING IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ," COMMENCING AT THE SOUTHEASTROpiER OF THE NORTHEAST ONE QUARTER OF SECTION 31;THENCE N00°5%F3"W ALONG THE EAST LINE OF SAID FRACTION FOR 540.33 FEET;THENLF. N89°11'40"W FOR 30.02 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN OFP1C,II CORDS BOOK 739,PAGE 675; THENCE N89°11'40"W ALONG THE NORTH L E OF SAID PARCEL FOR 200.08'TO THE NORTHWEST CORNER OF SAID PARCEL;THENCE NOO°55'53"W FOR 60.28 FEET TO AN INTERSECTIOIN"VVI H THE SOUTHERLY LINE OF A PARCEL OF LAND DESCRIBED IN OFFICIAL:RECORDS BOOK 551, PAGE 577; THENCE S89°06'S 1"E ALONG THE SOUTHER PI LINE OF SAID PARCEL FOR 199.79 FEET TO AN INTERSECTION WITH TIHL WEST RIGHT-OF-WAY LINE OF SAID CARSON ROAD;THENCE 0°5 '53"E ALONG SAID WEST RIGHT-OF-WAY LINE FOR 60.00'TO THE POINT'OI3£GINNING. Page 1 of r File#CIA 20-154 1681 Exhibit " B" 1681 , 9MO'OS Si-z-1 \S7vo37 ' H313)/S\A3ANns\3371/N0WWI evvod — 517\IZoz ,13n8ns 1o3roeld\A3ndns\:5 Ln0 2 4,W _ �C 0U •h0 . •O•ft f 0 K ? 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''m42,J 00 Q °j �` W 4 In > a CZ ;a;J U W220ti c I `," n 00 V(iO-�OJ A r 22a;WQOO¢W 0 O c v z< 0 UU¢0a_4aCrO 3 I z �0 ww Z N m o > 2 Noc W II II II II II 11 II II II v Lk ¢UO O7 rO-I c r0m JUUa 0aa R0:a ? 2 0 �o C o 3�a v p I -� •^I cC .• w�tD -0) ��- rnN • I za .� J .�. }u e} I = OI wO O0:,t,N ^1 p h I mz 1� • =ZO II(o 0?pII m N W w I`p 0 Fe 8 F. * 0 Id CO n V o b0'9Lb M„9f SS.00N 0 I 1 I U o0 o G m 1 v 3 1Sb'3 6Z 3ONV21 'H1f10S 94 dIHSNM01 'l£ N01103S ° JO b/I. 3N 3H1 d0 3NI1 1S3MI V a ° G) Page 1 of 1 ! get Exhibit "C" Evidence of Signing Authority 16 811€ OPENING DOORS TO OPPORTUNITIES Redlands Christian Migrant Association Resolution# 22 — 1:1 Be it resolved by the State Board of Directors of the Redlands Christian Migrant Association that the RCMA Executive Director, (or the Associate Executive Director of RCMA in the absence of the Executive Director)is authorized to negotiate and contract on behalf of the Board of Directors and RCMA for funding the early childhood and charter school services for the 2022-2023 program year from the following government and private agencies or entities: 1. Children's Boards in Florida 2, Children's Service Councils in Florida 3. Commercial, church, foundations and private organizations or individuals 4. Community Colleges,Private Colleges,Universities or other institutions of learning 5. County Commissions in Florida 6. County School Boards(or Boards of Public Instruction) in Florida 7. Department of Children&Families or any successor Florida department 8. Department of Education or any of its state subdivisions in Florida 9. Department of Transportation 10. Housing authorities(or management groups under contract with a housing authority)in Florida 11. Division of Early Learning 12. Office of Head Start 13. Rural Health Service Providers 14. United Ways or United Funds in Florida 15. Florida Department of Agriculture and Consumer Services(National School Lunch Program) 16. Florida Department of Health (Child Care and Adult Nutrition Program) Be it further resolved that the Executive Director,(or the Associate Executive Director of RCMA in the absence of the Executive Director)is authorized to negotiate and contract funding for early childhood and charter school services from any governmental or non-profit agency not listed above. Be it further resolved that the Executive Director,(or the Associate Executive Director of RCMA in the absence of the Executive Director)is authorized to negotiate and enter into contracts,installment sales agreements,leases,and other corporate obligations(including leases and contracts for the purchase and sale of real estate)to carry out any and all purposes of RCMA(including but not limited to the purpose of implementing/using available funding for early childhood and charter school services for the purpose of providing early childhood and charter school services for the 2022- 2023 program year)and to execute all documents necessary until such authorization is terminated by the Board of Directors in writing. June 6,2022 RCMA State Board of Directors Meeting Itmokalee, Florida Medora Kromc,President 16B1 Exhibit apn OHS Consent to Transfer (Original on File with the County Attorney's Office; ATO File No. 22-LDS-00231/1753873/28) 1681 OHS CONSENT TO TRANSFER OF CERTAIN PROPERTY (CONSERVATION EASEMENT) This consent to Transfer of Certain Property(Conservation Easement) is made on November 9, 2022 by the UnitedStates Department of Health and Human Services, through its component the Administration for Children and Families ("HHS/ACF"). WHEREAS, Redlands Christian Migrant Association, Inc., a Florida not for profit corporation (RCMA), a grant recipient in the Head Start Program ("Head Start")holds title to certain real property located at Lake Trafford Road, Immokalee, FL 34142, Parcel ID 00071960001, which is legally described in the Special Warranty Deed, from Barron Collier Partnership, LLLP, a Florida limited liability limited partnership to RCMA, dated March 24, 2021, recorded in INSTR 6027718, OR 5917, PG 979 (the"Property"); and WHEREAS, HHS/ACF has a Federal Interest in the Property as evidenced by Notice of Federal Interest giving notice of HHS/ACF's interest in certain real estate, including the Property, dated April 20, 2021, and recorded in INSTR 6070095, OR 5957, PG 1983, Recorded on June 2, 2021 with the Clerk of Circuit Court and Comptroller, Collier County, Florida; and WHEREAS, HHS/ACF's Federal Interest in the Property includes the right to consent to any transfer of the Property including conveyance of easement; and WHEREAS, HHS/ACF has instructed RCMA convey the foregoing Conservation Easement to Collier County, Florida, and now wishes to evidence and record its consent to such transfer. NOW THEREFORE, HHS/ACF hereby approves the transfer from RCMA to Collier County, Florida, a political subdivision of the State of Florida, of the Easement to the portion of the property referenced above which is legally described in the foregoing Conservation Easement. The said Conservation Easement may be amended, altered, released or revoked, only by written agreement between the parties to the said Conservation Easement or their heirs, successors, or assigns. The above-referenced Property remains subject to a Federal Interest, as set forth in the Notice of Federal Interest identified above. This Propertyis subject to 45 C.F.R. §75.318 and 45 C.F.R. Part 1303 Subpart E—Facilities. [Signature page follows.] 16SI Dated:November 9, 2022 UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, ADMINISTRATION FOR CHILDREN AND FAMILIES Tania Garcia -S Digitally signed byTaniaGarcia-S Signature: Date:2022.11.0911:15:38 OS'00' Name: Tania Garcia Acting Regional Program Manager (RPM)Office of Head Start(OHS) Digitally signed by Stefanie L. ))-j7 J t„q 04.ky J Gordon-S Signature: "'_"I Date:2022.11.09 09:30:42-05'00' Name: Stefanie Gordon Acting Grants Management Officer Office of Grants Management(OGM), School Readiness ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 $ 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documcnts arc to he forwarded to the Comity Attorney Mice at the time the item is placed on the agenda. All completed routing slips and original documents must he received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routinglines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office voe ��Zz 4. BCC Office Board of County Commissioners (4/ i kty#11 12/2 2/Z 7 5. Minutes and Records Clerk of Court's Office lev Il �a ^ .'2'o" 1 q PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Craig Brown Phone Number 252-2548 Contact/ Department Agenda Date Item was 2/23/2010 Agenda Item Number See Resolution 2010-39 Approved by the BCC (16.B.1) Type of Document Conservation Easement Number of Original 1 Attached Documents Attached PO number or account 131-138327-649030 number if document is Clerk to email receipt of payment to to be recorded Lucia.Martin@colliercountyfl.gov INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed CRB by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the CRB document or the foal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CRB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on ;Ifo (date)and all changes made during the meeting have been incorporated in the attached document. The County ,/�i� Attorney's Office has reviewed the changes,if applicable. J/ 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the r Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 cS -- OO '(1y 1681 THIS INSTRUMENT PREPARED BY&RETURN TO: NAME: SARAH GRIEB,ESQ. ROETZEL&ANDRESS,LPA ADDRESS: 850 PARK SHORE DR. INSTR 6344244 OR 6201 PG 1871 3RDFLOOR RECORDED 12/27/2022 11:56AM PAGES 7 CLERK OF THE CIRCUIT COURT AND COMPTROLLER NAPLES,FL 34103 COLLIER COUNTY FLORIDA (239)649-6200 DOC@.70$0.70 REC $61.00 PARCEL LD. #00405440003 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this 25th day of March, 2022, by First Haitian Alliance Church & Missionaries, Inc., a Florida not-for-profit corporation ("Grantor") whose address is 4843 Devon Circle Naples, FL 34112, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the "parties." WHEREAS, Grantor is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" [include a Plat Book and Page reference in Exhibit"Al attached hereto (hereinafter referred to as the "property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind Grantor; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit"B" (the Easement Property). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. Grantor, its successors, heirs, assigns and/or transferees, hereby grants a non- exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. Revised 2/13/2019 1 1 6 § 3. Restrictions. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by County; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code ("LDC"). In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 4. Maintenance. Grantor, its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. County shall have no responsibility for maintenance of the Easement Property. The Easement Property shall at all times be maintained in accordance with applicable requirements of the LDC. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Easement Property. 5. Public Access. No right of access by the general public to any part of the Easement Property is being conveyed. County shall have the right to access and use of the Easement property for the purpose of making inspections; however, County shall have no obligation to maintain the Easement Property, nor shall County have the right to use the Easement Property for any purpose inconsistent with the terms of this Easement. 6. Reservation by Grantor. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Easement. 7. Future Transfers. Grantor shall insert the terms and restrictions of this Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. 2 1681 8. Notice. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 9. Amendment. This Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. Easement Running with the Land. This Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of Grantor that this Easement be perpetual. 11. Severability. If any provisions of the Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Easement shall not be affected thereby, as long as the purpose of the Easement is preserved. 12. No Waiver. Enforcement of the terms, provisions and restrictions of this Easement shall be at the reasonable discretion of County, and any forbearance on behalf of County to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of County's rights hereunder. 13. Enforcement. The terms and conditions of this Easement may be enforced by County by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which County prevails, County shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. 3 1601 --4 • WITNESS WHEREOF, Grantor has executed this Easement as of this day of 0; CACV\ ,--2ezr. lO Z2 -leo WITNESSES: First Haitian Alliance Church &Missionaries Inc., a Flori.: not-for-profit corporation �ie2Name: �� L /�0 1j7 C'L/By ` (Signature) (Print) / /( Print Name: / 0 J11€j jk--- 4 �� y By: i azure) Title: Q,/D,„ grio, Name:S'fCEA E 4/4)//� (Print) By: _ ��.._ (Signature) STATE OF FLORIDA COUNTY OF COLLIER •4,4` .ACC, The foregoing instrument s ac edged before it s of h ysica presence or ❑ online notarization, this, )' day of ,` y' tc as of First Haitian Allianc h ch & Missionaries Inc., a Florida not-for-profit co o ation on behalf of the corporation. e/She is personally known to me or has produce 1...�Ctt. as identification. (Seal) Si o Notary Notary Public State of Florida 1 Jasmine Eliet Osorto My Commission IIII H23108 -3—a wo k.. eiL t f Exp.2/2026 Printed Name ' Notary Expires:, Oa.&' 4 1681 Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER CO _ •RIDA By: DC , OA Deputy Clerk Will',:m L. McDaniel, Jr., Chairman Attest as to Chairman's signature only. App ved as to form and legality: fliA/4 9 ./T1 —. erek D. Perry Assistant County Attorney THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT TO AGENDA DATED 2/23/2010,ITEM NO. 16.B.1, RESOLUTION NO. 2010-39 5 15166000 1 PERSON.3429 1 6 a Exhibit "A" Legal Description THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPTING THE EAST 50 FEET THEREOF RESERVED FOR ROAD RIGHT OF WAY; EXCEPTING AND RESERVING AN EASEMENT FOR ACCESS RUNNING WITH THE LAND PERPETUALLY OVER AND ACROSS THE SOUTHERLY 15 FEET OF THE LAND; AND GRANTING AN EASEMENT FOR ACCESS RUNNING WITH THE LAND PERPETUALLY OVER AND ACROSS THE NORTHERLY 15 FEET OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. 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Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office ' at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1.. County Attorney Office County Attorney Office O O h11 Lt yZ 2. BCC Office Board of County Commissioners I ti* l2//Y/ZZ 3. Minutes and Records Clerk of Court's Office ME I211N 3 . PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec Phone Number 239-252-5805 Contact/ Department Agenda Date Item was 02/23/2010 Agenda Item Number 16.B.] Approved by the BCC Resolution 2010-39 Type of Document Purchase Agreement Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on_02/23/2010_ and all changes made N/A is not during the meeting have been incorporated in the attached document. The County KD an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the 0o r an option for Chairman's signature. 1/ this line. Please scan under BMR Real Property—51029—Golden Gate City Stormwater Improvements,201TCE&202TCE I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Project: 51029 Golden Gate City Stormwater Parcel: 201 TCE & 202TCE Folio: 35984000007 & 35984020003 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this ;1, j day of DEc.E-n i R, (Z , 2022, by and between R&E OF NAPLES, INC., a Florida corporation, whose mailing address is 2200 King Arthur Court, Naples, Florida 34112 (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter"the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall 168I remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: DEC- S , Zo Z Z- ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court & Comptroller COLLIER CO , F Q. IDA BY: nide411 BY: Ct2 ' ,,Deputy Clerk WIL AM L. McDANIEL, Jr., Chairman Attest as to Chairman's signature only. c`�o 1681 AS TO OWNER: DATED: / 8 - R&E OF NAPLES, INC., a Florida corporation By: 'Ac _- Wi ness (Signature) RONALD DEPIRO, CEO Name Pr' or T e) Witness (Sig re) Kc.t-e. -Dam_c c Name (Print or Type) A pr ved as to for and legality: erek D. 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Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Coun Attorney Office. _Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office OD 4. BCC Office Board of County Commissioners (,,,fit)1 1. (/ /�, 5. Minutes and Records Clerk of Court's Officervic`� 1/ 71?-.3 1 0: C( PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ronald Thomas Phone Number 252-5861 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 02/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RT 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RT 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RT 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 (enter date)and all RT changes made during the meeting have been incorporated in the attached document. an option I The County Attorney's Office has reviewed the changes,if applicable. this lin, 9. Initials of attorney verifying that the attached document is the version approved by the WA is BCC,all changes directed by the BCC have been made,and the document is ready for the ,( Chairman's signature. kJ I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 681 Project: 51029 Golden Gate City Stormwater Parcel: 172TCE Folio: 35991880003 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the"Agreement") is made and entered into on this it day of c fi,, hA— , 2022, by and between ALFONZO CINTORA and RITA MARTINEZ HER ANDEZ, husband and wife, whose mailing address is 3001 47TH Street SW, Naples, FL 34116 (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. CAO b81 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: Lei r' 13, 2o2L ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA (..--e) 0111 BY: 01 BY: 4mow , De ty Clerk Wil, am L. McDaniel, Jr, Cha .rman Attest as to Chairman's signature only. } ,.. CAO 1681 AS TO OWNER: DATED: iii 14('7°20 /ICEtic � '"{ � ZL11 d4 l ( (10 14SC, (L� �r4Witness (Signature) ALFZO CINTORA Ma RLA Gv i\'Dn1 uQo` Pozakkg Name (Print or Type) e....---- 8 ;fa AckyVive Wi e Signature) RITA MARTINEZ HERNANDEZ Name (Print or Type) ''oved as to form and legality: �.'" MINERVACRISTO , MY COMMISSION#GG 980353 ,, 7.po; EXPIRES:July 15,2024 oicip -di _. ''f O°R`O . Bonded Thru Notary Public Undervrriters DE EK D. PERRY, EV Assistant County Attorney Q �\'lI cii\ Last Revised 11/14/22 ATE-ROW 1 684 172TCE LEGAL DESCRIPTION & SKETCH 3/22/22 TEMPORARY CONSTRUCTION EASEMENT 3001 47TH STREET S.W. (FOLIO NO. 35991880003) NAPLES, FLORIDA EXHIBIT A Page 1 of 2 DESCRIPTION: TCE-1 THAT PORTION OF LOT 13, BLOCK 92, GOLDEN GATE UNIT 3, AS RECORDED IN PLAT BOOK 5, PAGES 97-105 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 27, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 13; THENCE WEST, ALONG THE SOUTH LINE OF SAID LOT 13, FOR 6.00 FEET; THENCE NORTH FOR 6.00 FEET TO THE POINT OF BEGINNING; THENCE WEST FOR 15.00 FEET; THENCE NORTH FOR 7.00 FEET; THENCE EAST FOR 15.00 FEET; THENCE SOUTH FOR 7.00 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 105 SQUARE FEET, MORE OR LESS. z DESCRIPTION: TCE-2 0 THAT PORTION OF LOT 13, BLOCK 92, GOLDEN GATE UNIT 3, AS RECORDED IN PLAT BOOK 5, PAGES 97-105 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 27, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 13; THENCE WEST, ALONG THE N SOUTH LINE OF SAID LOT 13, FOR 75.00 FEET; THENCE NORTH FOR 6.00 FEET TO THE POINT OF BEGINNING; THENCE WEST FOR 44.00 FEET; THENCE NORTH FOR 14.00 FEET; THENCE EAST FOR 44.00 FEET; THENCE SOUTH FOR 14.00 FEET TO THE POINT OF BEGINNING. O O SAID LANDS CONTAINING 616 SQUARE FEET, MORE OR LESS. ��� v; Tgt,Ns Digitally signed �� 4,7661%%**J by Darren Townsend t' Date: STATE OF •QQ FLORIDA • ' 2022.03.16 NOTES: +j•• . °444u7ve' °`� 15:07:06 -04'00' c 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS o THEREOF. DARREN TOWNSEND 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 3, PROFESSIONAL SURVEYOR AND MAPPER PLAT BOOK 5, PAGES 97-105. FLORIDA CERTIFICATE. NO. 6476 NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND NOT VALID WITHOUT THE ATTACHED SKETCH OF DESCRIPTION. THIS IS NOT A SURVEY. SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. AIM Engineering&Surveying, Inc. SMIL-10356 - SMOF-1515 —11111111111, 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 35991880003) FORT MYERS, FLORIDA 33901 www.aimengr.com DRAWN: CHECKED: CLIENT: PHONE(239) 332-4569 1S 3-9-22 DT 3-10-22 COLLIER COUNTY TOLL FREE (800)226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY: A I M LICENSED BUSINESS No. 3114 20-1121 27 49 S 26 E COLLIER SHEET 1 OF 2--? CC�,0 1 6 k 1 172TCE LEGAL DESCRIPTION & SKETCH N TEMPORARY CONSTRUCTION EASEMENT �1 3001 47TH STREET S.W. (FOLIO NO. 35991880003) r�♦!��1 NAPLES. FLORIDA ,f1 EXHIBIT A 0 10 20 Page 2 of 2 INTENDED DISPLAY SCALE: 1" = 20' FOLIO NO. 35991880003 TEMPORARY TEMPORARY a CONSTRUCTION LOT 13, BLOCK 92 CONSTRUCTION I a EASEMENT TCE-2 P.B. 5, PGS. 97-105 EASEMENT TCE-1 =w I I w 0_a a Z 0 0 WEST I io SOUTH 15.00' EAST 44.00' EAST 7.00' cc o POB: TCE-2 El 15.00' o4 O4 � z r, WEST 44.00' N -, Oz _ POB: . TCE-1 Q CC 6' D&PUE (P) 1 0- — --m'NORTH 6.00' 69.00' NORTH 6.00' I6.00' 50.00' O EAST 125.00' N. 6' D&PUE (P) r N POC: TCE-1 & TCE-2 F-- °- I SE CORNER LOT 13, BLOCK 92 I L GOLDEN GATE UNIT 3 a II a F- CC w O wD D = lO LOT 14, BLOCK 92 I— a. o I P.B. 5, PGS. 97-105 I N a. LO 71- o ,i N N O �� f. O M LEGEND: a D&PUE = DRAINAGE & PUBLIC UTILITIES EASEMENT ✓ INST. = INSTRUMENT v LB = LICENSED BUSINESS LL, NO. OR # = NUMBER N (P) = AS SHOWN IN P.B. 5, PGS. 97-105 P.B. = PLAT BOOK o PGS. = PAGES 7 POB = POINT OF BEGINNING v POC = POINT OF COMMENCEMENT R/W = RIGHT OF WAY a w w u I- NOTES: h 9 11 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS • THEREOF. 3 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 3, v • PLAT BOOK 5, PAGES 97-105. N 6 NOT VALID WITHOUT THE ATTACHED DESCRIPTION. THIS IS NOT A SURVEY. AIM Engineering& Surveying, Inc. SMIL-10356 - SMOF-1515 wilicw 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 35991880003) F FORT MYERS, FLORIDA 33901 www.aimengr.com DRAWN: CHECKED: CLIENT: u. is'M PHONE(239) 332-4569 IS 3-9-22 DT 3-10-22 COLLIER COUNTY TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY: SHEET 2 OF 2 ` A I M LICENSED BUSINESS No. 3114 20-1121 27 49 S 26 E COLLIER 4,, 0 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 a 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing_lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 0 Of li12/2`2 4. BCC Office Board of County Commissioners (.111 htA*/ J/g f z 5. Minutes and Records Clerk of Court's Office I I In- ' PRIMARY CONTACT INFORMATION V l �Q pt Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ronald Thomas Phone Number 252-5861 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 02/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RT 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RT 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RT 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 (enter date)and all RT changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the �� BCC,all changes directed by the BCC have been made,and the document is ready for the' Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1681 Project: 51029 Golden Gate City Stormwater Parcel: 174TCE Folio: 35992000002 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMNT (hereinafter referred to as the"Agreement") is made and entered into on this /3" day of Lcc.�( , 2022, by and between CAROL M. HARRIS, an unmarried woman, whose mailing address is 3047 47th Street SW, Naples, FL 34116 (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 1691 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT- Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: ece berr- /3 2 Z ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA 6").4BY: BY s 0 --�� , Deputy C rk T` / tam L. McDaniel, Jr. . Ch.: 1.Tram Attest as to Chairman's c`�o 1 6 B 1 AS TO OWNER: DATED: /4/3(.-,— 6/44Z 1-17C-1-Y.0/U44J Witness (Signature) CAROL M. HARRIS �✓ C,. _-(j -,5-,bc Name (Print or Type) fitness (Signature) Name (Print sz,g-FcR A roved as to form and legality: p Derek D. Perry, ESQ. Assistant County Attorney ti \c\i Last Revised 11/14/22 1b TE-ROW 174TCE LEGAL DESCRIPTION & SKETCH 3/22/22 TEMPORARY CONSTRUCTION EASEMENT 3047 47TH STREET S.W. (FOLIO NO. 35992000002) NAPLES, FLORIDA EXHIBIT A Page 1 of 2 DESCRIPTION: THAT PORTION OF LOT 17, BLOCK 92, GOLDEN GATE UNIT 3, AS RECORDED IN PLAT BOOK 5, PAGES 97-105 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 27, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 17; THENCE WEST, ALONG THE SOUTH LINE OF SAID LOT 17, FOR 6.00 FEET; THENCE NORTH FOR 6.00 FEET TO THE POINT OF BEGINNING; THENCE WEST FOR 113.00 FEET; THENCE NORTH FOR 14.00 FEET; THENCE EAST FOR 113.00 FEET; THENCE SOUTH FOR 14.00 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 1,582 SQUARE FEET, MORE OR LESS. z 6 0 N v 0 N 0I 0 0 �a ,Ta,,N Digitally signed a:: 6476 •:ya by Darren Townsend U 'O! 11 ��` STATE OF O, Date: ••oQ NOTES: °%.'• FLORIDA / 2022.03.16 +4)N.•...• ...•• EF 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS i�surveY° 15:08:13 -04'00' THEREOF. 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 3, DARREN TOWNSEND v PROFESSIONAL SURVEYOR AND MAPPER PLAT BOOK 5, PAGES 97-105. FLORIDA CERTIFICATE. NO. 6476 NOT VALID WITHOUT THE ATTACHED SKETCH OF DESCRIPTION. THIS IS NOT A SURVEY. NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. AIM Engineering& Surveying, Inc. SMIL-10516 - SMOF-1358 = 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 35992000002) FORT MYERS, FLORIDA 33901 www.aimengr.com DRAWN: CHECKED. CLIENT: PHONE(239) 332-4569 J5 3-9-22 DT 3-10-22 COLLIER COUNTY TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY: A I M LICENSED BUSINESS No. 3114 20-1121 27 49 S 26 E COLLIER SHEET 1 OF 2/ 1681 174TCE LEGAL DESCRIPTION & SKETCH • N TEMPORARY CONSTRUCTION EASEMENT '� 3047 47TH STREET S.W. (FOLIO NO. 35992000002) tiltif14N NAPLES, FLORIDA EXHIBIT A a Page2of2 — II INTENDED DISPLAY SCALE: 1" = 20' FOLIO NO. 35992000002 E,-: LOT 17, BLOCK 92 I a w I P.B. 5, PGS. 97-105 o I w 0 a 0 EAST 113.00' o TEMPORARY CONSTRUCTION EASEMENT POB ° 4 -- C[ WEST 113.00' \ U1 ct 6' D&PUE (P) NORTH 6.00' -•.-I W i 6.00' W U6' D&PUE (P) EAST 125.00' cCr / u") rY CC O POC: _ I SE CORNER LOT 17, BLOCK 92 I I---. GOLDEN GATE UNIT 3 Ct n I a w I w a- D a ,Z I LOT 18, BLOCK 92 a a P.B. 5, PGS. 97-105 I p M M IO LEGEND: .1_, a D&PUE = DRAINAGE & PUBLIC UTILITIES EASEMENT --3INST. = INSTRUMENT LB = LICENSED BUSINESS LT, NO. OR # = NUMBER (P) = AS SHOWN IN P.B. 5, PGS. 97-105 N P.B. = PLAT BOOK o PGS. = PAGES 7 POB = POINT OF BEGINNING I, POC = POINT OF COMMENCEMENT S R/W = RIGHT OF WAY m w w u ti NOTES: 0 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS THEREOF. 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 3, PLAT BOOK 5, PAGES 97-105. NOT VALID WITHOUT THE ATTACHED DESCRIPTION. THIS IS NOT A SURVEY. �� AIM Engineering& Surveying, Inc. SMIL-10516 - SMOF-1358 ! 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 35992000002) FORT MYERS, FLORIDA 33901 www.aintengr.com DRAWN: CHECKED: CLIENT: -� -"- - PHONE(239) 332-4569 1S 3-9-22 DT 3-10-22 COLLIER COUNTY TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY: N. A I M LICENSED BUSINESS No. 3114 20-1121 27 49 S 26 E COLLIER SHEET 2 OF 2 , ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 b 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routin�lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 2. 3. County Attorney Office County Attorney Office0'J n r I1 L,2,3 4. BCC Office Board of County a Commissioners .L I, /f13/s/ 5. Minutes and Records Clerk of Court's Office `? 207,3 101Sq i,� PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ronald Thomas Phone Number 252-5861 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 02/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RT 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RT 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RT 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 (enter date)and all RT changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the CO Chairman's signature. �J I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 166 1 Project: 51029 Golden Gate City Stormwater Parcel: 203TCE Folio: 35983080002 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter r ferred to as the "Agreement") is made and entered into on this 4O day of t ce ,; 2022, by and between FAUNET CAMIL and SABINE CAMIL, husband and wife, whose mailing address is 4752 25th PL SW, Naples, Florida 34116-6916 (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter"the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store. remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement; whichever is the later. This agreement shall rl 16B 1 remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51 029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 5. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. '7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE -This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY:/ DATED:-Do c«-.`�"✓ (0170Z 2- ATTEST: CRYSTAL K::.KI.NZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit_-.Court & Comptroller COLLIER COUNTY, FLORIDA BY: ` BY: rk JACK Lo-C►q$TIO, Chairman Attest t. io Pitnman's signature only. ,: 168 1 AS TO OWNER: DATED:1 t e.bt- (Qv Zt 2Z (wf tnesses as to both ) Witness (Signature) F -NET CAMIL � s � Name (Print or Type) --� L 1� SABINE CAMI Witness (Signature) ( Name (Print or Type) I• •ved as t• •rl and legality: i Derek D. Perry, sq. 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( -( mn _ - 0 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 8 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routinglines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 3. County Attorney Office County Attorney Office0 0 r 1,'21Z,3 4. BCC Office Board of County Commissioners 14 /1$/51 1/17/ 3 5. Minutes and Records Clerk of Court's Office nf ,l� " `VW 1111i202?0 364.1-- PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ronald Thomas Phone Number 252-5861 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 02/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RT 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RT 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RT 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 (enter date)and all RT changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the op Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 169 I Project: 51029 Golden Gate City Stormwater Parcel: 179TCE Folio: 36236640004 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT„? ereinafter re reed to as the "Agr ement") is made and entered into on this day of , 202%4 by and between CLAUDIA A. OLIVER and HERVIN OLIVER, wife and hu(sband, whos mailing address is 5134 19th Avenue SW, Naples, FL 34116 (hereinafter"Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit"A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS -All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full CAO I B 1 force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. TERM OF EASEMENT-The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: Jo.n.�'7 .: 023 ATTEST: -, CRYSTAL K. KINZELpiClerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA B , Deputy CI r RICK LoCASTRO, Chairman Attest as to Chairman's signature only. 1 6 B I AS TO OWNER: DATED: 1`9 1 L, Witness (Signature) CLAUDIA A. OLIVER Name (Print or Type) (14,1 (j1 L Witness (Signature) HER IN OL VER Name (Print or Type) A r ed as to for and legality: DEREK D. PERRY, ES '/ Assistant County Attorn `'"' (1/\\ Last Revised 11/14/22 168 1 TE-ROW 179TCE LEGAL DESCRIPTION & SKETCH 3/22/22 TEMPORARY CONSTRUCTION EASEMENT 5134 19TH AVENUE S.W. (FOLIO NO. 36236640004) NAPLES, FLORIDA EXHIBIT A Page 1 of 2 DESCRIPTION: THAT PORTION OF LOT 16, BLOCK 162, GOLDEN GATE UNIT 5, AS RECORDED IN PLAT BOOK 5, PAGES 117-123 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 16; THENCE S 33°48'49" W, ALONG THE WEST LINE OF SAID LOT 16, FOR 6.01 FEET; THENCE S 56°11'11" E FOR 6.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, RADIUS 1617.11 FEET, DELTA ANGLE 00°29'46", CHORD BEARING S 55°43'33" E, CHORD DISTANCE 14.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT FOR 14.00 FEET; THENCE S 33°48'49" W FOR 113.01 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT, RADIUS 1504.11.00 FEET, DELTA ANGLE 00°32'00", CHORD Q BEARING N 55°41'28" W, CHORD DISTANCE 14.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT FOR 14.00 FEET; THENCE N 33°48'49" E FOR 113.00 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 1582 SQUARE FEET, MORE OR LESS. c Ul :•, Digitally signed 0 ,V613,"'6 AsA, by Darren Townsend U � � Date: moIA_ STATE OF SR' "RIDA `4" 2022.03.16 NOTES: a�e�•••.....••'i 4r aISurvejO 15:12:33 -04'00' RI 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS THEREOF. DARREN TOWNSEND N, 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 5, PROFESSIONAL SURVEYOR AND MAPPER PLAT BOOK 5, PAGES 117-123. FLORIDA CERTIFICATE. NO. 6476 NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND NOT VALID WITHOUT THE ATTACHED SKETCH OF DESCRIPTION. THIS IS NOT A SURVEY. SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. AIM Engineering& Surveying, Inc. SMIL-11304 - SMOF-1941 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 36236640004) • FORT MYERS, FLORIDA 33901 www.aimengr.corn DRAWN: CHECKED: CLIENT: PHONE (239) 332-4569 1S 3-9-22 DT 3-10-22 COLLIER COUNTY TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY:A I M LICENSED BUSINESS No. 3114 20-1121 21 49 S 26 E COLLIER SHEET 1 OF 2.-, I ti I k LEGAL DESCRIPTION & SKETCH TEMPORARY CONSTRUCTION EASEMENT C4*\ 5134 19TH AVENUE S.W. (FOLIO NO. 36236640004) �' NAPLES, FLORIDA L = 14.00' � ��� R = 1617.11' N...0 A = 00°29'46" 0 10 20 19TH AVENUE S.W. CB = S 55°43'33" E CD = 14.00' L kommd 60' R/W (P) INTENDED DISPLAY SCALE: 1" = 20' R = 1623.11'(P) O 6' D&PUE (P) O O 6' D&PUE (P) EXHIBIT A POC: NWCO RNER LOT 16 BLOCK 162 f \ i Page 2 of 2 GOLDEN GATE UNIT 5 a POB w LEGEND: - CB = CHORD BEARING "' - cn r, CD = CHORD DISTANCE o 0 D&PUE = DRAINAGE & PUBLIC Co m rri UTILITIES EASEMENT of `" d• L = ARC DISTANCE O O LB = LICENSED BUSINESS (NI co NO. OR # = NUMBER 1O (P) = AS SHOWN IN Y YO r m P.B. 5, PGS. 117-123 v,_ N a P.B. = PLAT BOOK m Ul PGS. = PAGES m VI L7 m Ci POB = POINT OF BEGINNING L w > `D a NPOC = POINT OF COMMENCEMENT `n a, Co7 , ~O m Z o R = RADIUS O m ao a O C R/W = RIGHT OF WAY °' m m J M A = DELTA ANGLE M z c`Y'n 0 a a vi z >- O W <cC UZ cC D L11 a Q- Occ2 w w w � 1n N LLIzQ ,i 66 321 I-- OLu v 0 0 U 0 Mo Co Co N N N i a c o 6' D&PUE (P) 6' D&PUE (P) ti R = 1498.11'(P) O NEPTUNE CANAL(P) L = 14.00' u R = 1504.11' a NOTES: 70l R/W 0N 55°41'28" W t CB =CD = 14.00' R 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS THEREOF. N 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 5, PLAT BOOK 5, PAGES 117-123. Q NOT VALID WITHOUT THE ATTACHED DESCRIPTION. THIS IS NOT A SURVEY. l a"'7=='AIM Engineering&Surveying,Inc. SMIL-11304 - SMOF-1941 fir. . 2161 FOWLER STREET, SUITE 100 FORT ERS, FLORI S 33901 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 36236640004) www.armengr.com DRAWN: CHECKED: CLIENT: PHONE(239) 332-4569 IS 3-9-22 DT 3-10-22 COLLIER COUNTY TOLL FREE (800)226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY: .A I M LICENSED BUSINESS No. 3114 20-1121 21 49 S 26 E COLLIER SHEET 2 OF 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 8 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routinglines#1 through#2,complete the checklist,and forward to the Coun Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. N 2. 3. County Attorney Office County Attorney Office f) 11123 4. BCC Office Board of County Commissioners Al-by fig IS' 1/17/23 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ronald Thomas Phone Number 252-5861 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 02/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RT 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RT 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RT 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 (enter date)and all RT changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the \ 'c) Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 168 I Project: 51029 Golden Gate City Stormwater Parcel: 168TCE Folio: 35769760009 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the"Agreement") is made and entered into on this day of 0 , 202 z3' by and between NORMA LEES DAVIS, a single woman, whose mailing addres is 1725 45th Terrace SW, Naples, FL 34116 (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary CAO 168 1 Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT- Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: 6I IDg/207-3 ATTEST: CRYSTAL K. KINZEL; Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA BY: BY lC Deputy IC r RICK LoCASTRO, Chairman Attest as to Chairman's signature only, `�o 168 1 AS TO OWNER: DATE : \c,,,,i. 34 :)0, -4/14A4,1--t --Zk) Witness (SikAture) NORMA LEES DAVIS - cx Name (Print or Type) Witness (Signature) Name (Print or Type) p oved as to for nd legality: REK D. PERRY, ESQ. O Assistant County Attorney \N v`U Last Revised 11/14/22 168 1 ' E-ROW 168TCE LEGAL DESCRIPTION & SKETCH .3/22/22 TEMPORARY CONSTRUCTION EASEMENT 1725 45th TERRACE S.W. (FOLIO NO. 35769760009) NAPLES, FLORIDA EXHIBIT A Page 1 of 2 DESCRIPTION: THAT PORTION OF LOT 8, BLOCK 53, GOLDEN GATE UNIT 2, AS RECORDED IN PLAT BOOK 5, PAGES 65-77 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 8; THENCE WEST, ALONG THE SOUTH LINE OF SAID LOT 8, FOR 6.00 FEET; THENCE NORTH FOR 6.00 FEET TO THE POINT OF BEGINNING; THENCE WEST FOR 113.00 FEET; THENCE NORTH FOR 4.00 FEET; THENCE EAST FOR 28.00 FEET; THENCE NORTH FOR 1.00 FEET; THENCE EAST FOR 67.00 FEET; THENCE NORTH FOR 7.00 FEET; THENCE EAST FOR 18.00 FEET; THENCE SOUTH FOR 12.00 FEET TO THE POINT OF BEGINNING. • SAID LANDS CONTAINING 663 SQUARE FEET, MORE OR LESS. z N a N N N N M rn vi c m E m UI m w N NN 11 O M O N N C . T Digitally signed tj• ,';"*.:Ab by Darren Townsend Date: '° �.�• STATE OF 14-- 2 °'.► PLOAmA •.14? 2022.03.16 19 NOTES: 'rDV••.•••••o< Survey 15:04:09-04'00' 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS THEREOF. DARREN TOWNSEND N 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 2, PROFESSIONAL SURVEYOR AND MAPPER N S PLAT BOOK 5, PAGES 65-77. FLORIDA CERTIFICATE. NO. 6476 NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND NOT VALID WITHOUT THE ATTACHED SKETCH OF DESCRIPTION. THIS IS NOT A SURVEY. SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. AIM Engineering&Surveying,Inc. SMIL-9435 - SMOF-1999 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 35769760009) FORT MYERS, FLORIDA 33901 www.aimengr.corn DRAWN: CHECKED: CLIENT: PHONE (239) 332-4569 IS 3-9-22 DT 3-10-22 COLLIER COUNTY TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY: SHEET 1 OF 2 A I M LICENSED BUSINESS No. 3114 20-1121 22 49 S 26 E COLLIER r 168TCE LEGAL DESCRIPTION & SKETCH 6 G i , N TEMPORARY CONSTRUCTION EASEMENT r 1 1725 45th TERRACE S.W. (FOLIO NO. 35769760009) `,� ; NAPLES, FLORIDA 41 ' EXHIBIT A �� Page 2 of 2 INTENDED DISPLAY SCALE: 1" = 20' s `� FOLIO NO. 35769760009 `fl _0_ LOT 8, BLOCK 53 P.B. 5, PGS. 65-77 a a Lu a I NORTH TEMPORARY I LU a 1.00' CONSTRUCTION NORTH EASEMENT io 4,00' = ,EAST 18.00' I �o0 li j EAST 0 o I , 28.00' • EAST 67.00' z '� o . POB\ u� WEST 113.00' `, LLI a- "� 6' D&PUE (P) Q 0, NORTH 6.00'--►16.00' QCC 6' D&PUE (P) WEST 125.00' Ly LLl Q O ~ tD r POC: _ SE CORNER LOT 8, BLOCK 53 I if') GOLDEN GATE UNIT 2d. E: I I E a LOT 7, BLOCK 53 n a ,6 I P.B. 5, PGS. 65-77 I pa 0 o o CO N Ln o J- ._J ri LEGEND: E D&PUE = DRAINAGE & PUBLIC UTILITIES EASEMENT w LB = LICENSED BUSINESS NO. OR # = NUMBER (P) = AS SHOWN IN P.B. 5, PGS. 65-77 o P.B. = PLAT BOOK PGS. = PAGES E POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT w R/W = RIGHT OF WAY u, v NOTES: H N 9 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS THEREOF. 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 2, v PLAT BOOK 5, PAGES 65-77. NJ o 6 NOT VALID WITHOUT THE ATTACHED DESCRIPTION. THIS IS NOT A SURVEY. -' AIM Engineering& Surveying,Inc. SMIL-9435 SMOF-1999 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 35769760009) FORT MYERS, FLORIDA 33901 www.aimengr.com DRAWN: CHECKED: CLIENT: a. PHONE (239)332-4569 IS 3-9-22 DT 3-10-22 COLLIER COUNTY "~ TOLL FREE(800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY: \ A I M LICENSED BUSINESS No. 3114 20-1121 22 49 S 26 E COLLIER SHEET 2 OF 2 Y t s: r ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP l TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 U B I THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate lbr additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routine lines#I through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 2. 3. County Attorney Office County Attorney Office bpl p 0111 Z 3 4. BCC Office Board of County Commissioners (L fl l/ i//gl,3 5. Minutes and Records Clerk of Court's Office r ' l I 26 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above.may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached I PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes. provide the Contact Information(Name; Agency;Address: Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes J/A is not made during the meeting have been incorporated in the attached document. The on option for County Attorney's Office has reviewed the changes, if applicable. RLG is line. 9. Initials of attorney verifying that the attached document is the version approved by the n A is not BCC,all changes directed by the BCC have been made,and the document is ready for the D or option for Chairman's signature. — I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 168 1 THIS CONVEYANCE ACCEPTED BY:THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Project: 51029 Golden Gate City Stormwater PURSUANT TO THE PROVISIONS Parcel: 235TCE OF RESOLUTION NO. 2010-39 Folio: 36305880009 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this f day of _, 20 7 by and between HORTENCIA GARAY, a single person,and YANELI MARTINEZ GARAY, a single person, whose mailing address is 2357 55th Terrace SW, Naples, FL 34116, (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter"the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 1b8 1 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: /// / ; 3 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA BY: BY: • Attest alto Chain erk RICK LoCASTRO, Chairman signature only. cqr, I e 1 AS TO OWNER: DATED: �/..)-4 �3 Witness (Signature) HORTEN ARAY cir11Ck tint (0 Ck t z Name (Print or Type) L)t i 0 Witness (Signature) YAN LI MARTINEZ GARA Name (Print or Type) Approved as to form and legality: 1,401 r (i/b/ DEREK D. PERRY, ESQ. 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J� �Uw O Z H < IQ�R-[ Cl_ - _ -- m n1- - -_ Oa �- Z O ZdZ 1- L.,_J-a N 0 - - -- - - - - ', OW U Z - - - Q I I OO V � I- O UpVJpWC Z WZQ (� a~< � Q I I o � av = - 0att < W o _ 0 O NN!?4 I I a QWOZI - o�ow f N I I aoo0wla.m w O ~ 0 o� U nC..)Q � oJar x�a a O C9 N wdlz:c - ZZOZ .Zl 7°0 jJ (0) b.p j - sluawaso3 W90114603 Owal\w4platls\buu(arms\000-f4L£OZOZ\ozonsbulMoiatOsiulA\ I-- k' ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 s 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing,lines#I through#2.complete the checklist.and tbrward to the county Attomev 1Mice. Route to Addressee(s) (List in routing order) Office Initials Date NN\ .\\\\ 3. County Attorney Office County Attorney Office 00 1 ' 1 J- 4. BCC Office Board of County Commissioners Rt. 1r fiNsi (/«/�3 5. Minutes and Records Clerk of Court's Office 11 OW -- PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2/23/2010 16 13 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures'? If yes. provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attomey's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes N/A is MIY made during the meeting have been incorporated in the attached document. The tun option for County Attorney's Office has reviewed the changes,if applicable. RLG is line. 9. Initials of attorney verifying that the attached document is the version approved by the /A is nal BCC,all changes directed by the BCC have been made,and the document is ready for the (� option for Chairman's signature. �'y I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 .s ,%. .3 16 8 1 THIS CONVEYANCE ACCEPTED BY: THE BOARD OF COUNTY COMMISSIONERS, COWER COUNTY, FLORIDA Project: 51029 Golden Gate City Stormwater PURSUANT TO THE PROVISIONS Parcel: 196TCE OF RESOLUTION NO. 2010-39 Folio: 36180760001 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 1'4° day of Linn. , 20_, by and between 1900 SUNSHINE BLVD LLC, a Florida limited liability company, whose mailing address is 5290 Golden Gate Parkway, Naples, FL 34116, (hereinafter"Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter"the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 16B 1 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: ,, DATED:'3QA�I,11^W23 ATTEST: CRYSTAL K. KINZEj`, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court& Comptroller COLLIER..GOLIt4TY FLORIDA BY: BY: Depyty Cle k RICK LoCASTRO, Chairman Attest as_to Chairman s ,;inAture only. J fir 169 1 AS TO OWNER: ( AT S 1 1900 SUNSHINE BLVD LLC, i Hess (Signature) a Florida limited liability company Lt01- Li() t Nam (Print or T pe) Witn s (Signature) JONAT H CHTMAN, Manager Name (P(P i�Type) pp oved s t for and legality: DEREK D. PERRY, ESQ. ,V Assistant County Attorney \�, �`ti Last Revised 11/14/22 ; {• I 6 8 1 'II-ROW 196TCE LEGAL DESCRIPTION & SKETCH 3/22/22 TEMPORARY CONSTRUCTION EASEMENT Exhibit A 5270 16TH PLACE S.W. (FOLIO NO. 36180760001) Page 1 of 3 NAPLES, FLORIDA g DESCRIPTION: TCE-1 THAT PORTION OF LOT 1, BLOCK 159, GOLDEN GATE UNIT 4 PART 1, AS RECORDED IN PLAT BOOK 9, PAGES 121-124 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTIONS 16 & 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH, ALONG THE WEST LINE OF SAID LOT 1, FOR 6.00 FEET; THENCE EAST FOR 6.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE EAST FOR 14.00 FEET; THENCE SOUTH FOR 17.00 FEET; THENCE WEST FOR 9.50 FEET; THENCE SOUTH FOR 39.00 FEET; THENCE WEST FOR 4.50 FEET; THENCE NORTH FOR 56.00 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 414 SQUARE FEET, MORE OR LESS. DESCRIPTION: TCE-2 THAT PORTION OF LOT 1, BLOCK 159, GOLDEN GATE UNIT 4 PART 1, AS RECORDED ti IN PLAT BOOK 9, PAGES 121-124 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTIONS 16 & 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST, M COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ,, COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH, ALONG THE WEST LINE OF SAID LOT 1, FOR 89.00 FEET; THENCE EAST FOR 6.00 FEET TO N THE POINT OF BEGINNING; THENCE CONTINUE EAST FOR 14.00 FEET; THENCE SOUTH w FOR 110.06 FEET; THENCE N 89°57'50" W FOR 14.00 FEET; THENCE NORTH FOR 110.05 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 1,541 SQUARE FEET, MORE OR LESS. 0 M O K. q, Digitally signed r 3 to .•N *�• 4,'6" 's sy by Darren a Qv:° Townsend in. Date: 1: •0 76 �-. STATE OF •Qa PEA J t2022.03.16 NOTES: c�i•/.......•o< 9 Surve' 15:10:27 -04'00' 7, 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS THEREOF. DARREN TOWNSEND 0 2. BEARINGS BASED ON PLAT OF GOLDEN GATE. UNIT 4, PROFESSIONAL SURVEYOR AND MAPPER PART 1, PLAT BOOK 9, PAGES 121-124. FLORIDA CERTIFICATE. NO. 6476 T NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND NOT VALID WITHOUT SHEETS 1-3. THIS IS NOT A SURVEY. SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. AIM Engineering&Surveying, Inc.El SMIL-11461 SMOF-1837 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 36180760001) FORT MYERS, FLORIDA 33901 www.almengr.com DRAWN' CHECKED' CI IENI PHONE (239) 332-4569 15 3-9-22 DT 3-10-22 COLLIER COUNTY TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP RANGE: COUNTY. SHEET 1 OF 3 \ A I M LICENSED BUSINESS No. 3114 20-1121 16 & 21 49 S 26 E COLLIER '' M 168 1 1 • 6TCE LEGAL DESCRIPTION & SKETCH Vie. TEMPORARY CONSTRUCTION EASEMENT Exhibit A ♦♦ 5270 16TH PLACE S.W. (FOLIO NO. 36180760001) 44;9 NAPLES, FLORIDA Page 2 of 3 0 10 20 16TH PLACE S.W. INTENDED DISPLAY SCALE: 1" = .2T 60' R/W (P) 6' D&PUE (P) O 6' D&PUE (P) S POC: TCE-1 & TCE-2 \EAST 14.00' I o NW CORNER LOT 1, BLOCK 159 0 o GOLDEN GATE UNIT 4, PART 1 g POB: TCE-1 0 o a WEST o w b 0 o 9.50' v a)N SUN CATCHER a a ° 0 CONDOMINIUM w w �o `"y V CO u N ASSOCIATION, INC. d 0 Oi m of in `b `.21 on ° O O ifl F. Z ICY CC = om LOT 14, BLOCK 158 z 1... 0 a P.B. 9, PGS. 121-124 0 0 Ln 2 a o N o N N o WEST TEMPORARY LEGEND: r 14.50' CONSTRUCTION NI = DRAINAGE & PUBLIC = EASEMENT TCE-1 - UTILITIES EASEMENT O 1 o M LB = LICENSED BUSINESS POB. NO. OR # = NUMBER TCE-2 NI(P)z. = AS SHOWN IN EAST E P.B. 9, PGS. 121 124 P.B. = PLAT BOOK1. 14.00' w PGS. = PAGES POB = POINT OF BEGINNING 0 0 POC = POINT OF COMMENCEMENT R/W = RIGHT OF WAY 0 6 _ -".---;------- TEMPORARY in I- I CONSTRUCTION N w ° ° EASEMENT TCE-2 (SEE SHEET 3) 0 a t C W LD O '- NOTES: GREEN CANAL(P) 85' R/W 0 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS THEREOF. 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 4, PART 1, PLAT BOOK 9, PAGES 121-124. NOT VALID WITHOUT SHEETS 1-3. THIS IS NOT A SURVEY. AIM Engineering& Surveying, Inc. SMIL-11461 - SMOF-1837 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 36180760001) FORT MYERS, FLORIDA 33901 -A www aIrnengr.COR7 DRAWN CHJ-CKJ-D CHEW: (239) 332-4569 15 3-9-22 DI 3-10-22 COLLIER COUNTY TOLL FREE /800)226-4569 PROJECT NO.. SECTION TOWNSHIP. RANGE. COUNTY. A ) M LICENSED BUSINESS No. 3114 20-1121 16 & 21 49 S 26 E COLLIER SHEET 2 OF 3 16B 1 196TCE LEGAL DESCRIPTION & SKETCH �-� TEMPORARY CONSTRUCTION EASEMENT Exhibit A l♦ ) 5270 16TH PLACE S.W. (FOLIO NO. 36180760001) tit/ NAPLES, FLORIDA Page 3 of 3 16TH PLACE S.W. °im=limmil° 60' R/W (P) INTENDED DISPLAY SCALE I' - 20' ) ) POC: TCE-1 & TCE-2 �i NW CORNER LOT 1, BLOCK 159 00 GOLDEN GATE UNIT 4, PART 1 0; �CO (SEE SHEET 2) „1^ —1 f t 1 \ EAST 14.00' SUN CATCHER 0 POB: CONDOMINIUM `O TCE-2 ASSOCIATION, INC. a w '-' 0 0 Erl 0 NJ up LOT 14, BLOCK 158 0 >- Z II/ o h P.B. 9, PGS. 121-124 N I- ♦J rq CCO O cr D ~ 0 m Q [) Z CO0 CI- Ll! a- LU Z LU cri Z LEGEND: i HOUQ �a O_ o 1- LLJ J N 0 D&PUE = DRAINAGE & PUBLIC O 0 UTILITIES EASEMENT i LB = LICENSED BUSINESS o iD NO. OR # = NUMBER O 0 0 a (P) = AS SHOWN IN ,' P.B. 9, PGS. 121-124 w P.B. = PLAT BOOK PGS. = PAGES a S POB = POINT OF BEGINNING w w POC = POINT OF COMMENCEMENT a a R/W = RIGHT OF WAY o 0 S x o i0 C I- M O N Z O0 n N 89"57'50" W 3 / 14.00' 4 .. C, l 6' D&PUE (P) 6' D&PUE (P) NOTES: GREEN CANAL(P) • 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS 85' R/W o THEREOF. 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 4, PART 1, PLAT BOOK 9, PAGES 121-124. NOT VALID WITHOUT SHEETS 1-3. THIS IS NOT A SURVEY. j AIM Engineering& Surveying, Inc. SM[L-11461 - SMOF-1837 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 36180760001) FORT MYERS, FLORIDA 33901 A • www.a,nlengr.corn DRAWN CHECKED CI.IENI: PHONE(239) 332-4569 IS 3-9-22 DT 3-10-22 COLLIER COUNTY TOLL FREE (800) 226-4569 PROJECT NO.. SECTION. TOWNSHIP RANGE: COUNTY SHEET 3 OF 3 A I M LICENSED BUSINESS No. 3114 20-1121 16 & 21 49 S 26 E COLLIER ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than'Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist.and forward to the County Attorney Office. Route to Addressee(s)(List in routine order) Office Initials Date 2, 3. County Attorney Office County Attorney Office 90 1 ,\i•�\23 4. BCC Office Board of County Commissioners R( by Ic' 1/ g1 3 5. Minutes and Records Clerk of Court's Office 23 i 1:ram PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created'prepared the Executive Summary. Primary contact information is needed in the vent one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2/23/2010 16 B I Type of Document Number of Original Attached Agreement Documents Attached I PO number or account number if document is NIA to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes made during the meeting have been incorporated in the attached document. The an- County Attorney's Office has reviewed the changes,if applicable. RLG is lin BCC.9. s of attorney verifying that the attached document all changes directed by the BCCis have been made,and the document rsion approved docmentris ready forA is n the �' ,' Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 168• i THIS CONVEYANCE ACCEPTED BY: THE BOARD OF COUNTY COMMISSIONERS, Project: 51029 Golden Gate City Stormwater COLLIER COUNTY, FLORIDA Parcel: 228TCE PURSUANT TO THE PROVISIONS Folio: 36381160002 OF RESOLUTION NO. 2010-39 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 20 by and between JOSPEH W. TANIS, an unmarried person, whose mailing address is 5501 25th Place Southwest, Naples, FL 34116, (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter"the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter"the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 0.0 ,4. 1 6 B 1 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE -This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: A ,� DATED:t tl,mr 23 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court &Comptroller COLLIER COUNTY, FLORIDA BY: - BY: , Deputy Clerk RICK LoCASTRO, Chairman Attest as to Chairman's signature only. 168 1 AS TO OWNER: DATED: o VC Z0/3 (\ is it ss (Signature) JOSEPH W. TANIS ��/ cis c..7 Narye (Rrint or Typ Witness (Si nature) Name (Print or Type) A r ved as to orm a legality: DEREK D. PERRY, ESQ. ti Assistant County Attorney ti \\) Last Revised 11/14/22 168 1 T m \\ftms01\Drawings\2020\20203244-000\Surveying\Sketches\Temp Construction Easements - C.dwg (AOAINT Dec 12, 2022 - 3:18pm O > m m A D n0 D m i I I nCn 11 O o ;03 � L. L — — — — —- O -tDm Zra r3nn r- O X Z r z-r D o Z c0 r X o .Gzi m- n r- -a m � 0O m zO , z or'10 z I- N --1 70 n L7 r n D zz m z m 0 m D 0�,z LOT 16. 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All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office09 e II z5) 4. BCC Office Board of County Commissioners gL by 1156/23 r 5. Minutes and Records Clerk of Court's Office l �Q ,0, PRIMARY CONTACT INFORMATION ✓ Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jaime Cook/GMD Phone Number 239.252.6290 Contact/ Department Agenda Date Item was 02/23/2010 Agenda Item Number See Resolution 2010-39 Approved by the BCC (16.B.1) Type of Document Conservation Easement Number of Original 1 Attached Documents Attached PO number or account 131-138327-649030 number if document is Clerk to email receipt of payment to to be recorded Lucia.Martingcolliercountyfl.gov INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? JC 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name; Agency; Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JC signed by the Chairman,with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JC document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 3 to and all changes made during r N/A is not the meeting have been incorporated in the atta he document. The County an option for Attorney's Office has reviewed the changes, if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the D N/A is not BCC, all changes directed by the BCC have been made,and the document is ready for the an option for Chairman' s signature. this line. 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1681 INSTR 6357014 OR 6210 PG 3643 RECORDED 1/31/2023 10:20 AM PAGES 10 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA DOC@ 70$0.70 REC$86.50 THIS INSTRUMENT PREPARED BY&RETURN TO: NAME: Harold J. Webre, Esq. ADDRESS: Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail N., Suite 300 Naples, FL 34103 PARCEL I.D. # Portion of 00416560008 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this /2 day of rvva. " 20 23 , by [Name of Grantor] 3805 TLW, LLC, &Florida limited liability company (hereinafter [short name] 3805 TLW, LLC ), as Grantor, whose address is [address of Grantor] 7742 Alico Rd., Ft. Myers, FL 33912 , to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the "parties." WHEREAS, [Grantor] 3805 TLW, LLC is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" [include a Plat Book and Page reference in Exhibit "A"] attached hereto (hereinafter referred to as the "property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind [Grantor] 3805 TLW, LLC ; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit"B" (the Easement Property). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. [Grantor] 3805 TLW, LLC , its successors, heirs, assigns and/or transferees, hereby grants a non-exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. Revised 7/28/14 1 . Bi 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 3. [Grantor] 3805 TLW, LLC , its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. Revised 7/28/14 2 I681 � 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and delivered in the presence of: WITNESSES: [NAME OF GRANTOR] 3805 TLW, LLC, a Florida limited liability co y Printed ame: W.'(a �„4- I„�In�+wN+b 4,...,0 By: Printed CO e: Acaaw To.+cax441 David E. T rres, its Manager Revised 7/28/14 3 1681 STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrument was subscribed, sworn and acknowledged before me this t 2-- day of 3s r- ': , 20 23 , by [authorized signor of Grantor entity] David E. Torres as [title] Manager for [entity] 3805 TLW, LLC, a Florida LLC , and who is V] personally known to me or [ ] who produced as identification. j047112_60,M JC.6)0d-e--k—' NOTARY PUBLIC Printed NameTrc? Y,210i. M e.,h f'cd e My Commission Expires: li'Y" TAMELA M.SCHRODER .: MY COMMISSION#HH 121444 :' tea•. EXPIRES:April 25,2025 ''�;oR d�°P: Bonded Thru Notary Public Underwriters Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K'. KINZEL, CLERK COLLIER COUNTY, FLORIDA C .By: 111.,Q , By: Deputy Clerk Rick LoCAs tro, Cha irmaw Attest as to Chairman's t18fl1(p Orly. THIS CONVEYANCE ACCEPTED BY THE BOARD OF St COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT TO AGENDA DATED 2/23/2010, ITEM NO. 16.B.1, RESOLUTION NO. 2010-39 A oved as to form and g I su ici y Attachments >< ...4 Exhibit "A" - Entity Site Exhibit "$" - Conservation' Easement Derek D. Perry Exhibit "C" - Gonso,nt and Assistant County Attorney . Suhor+&illation 22-ENS-00720 CP\11-ENS-00442\4 Revised 7/28/14 4 1681 EXHIBIT "A" K. E. TRASK, P.A. LAND SURVEYORS A PARCEL LYING IN SECTION 14,TOWNSHIP 50 SOUTH,RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (OR 5841 PG 824) THE SOUTH 1/2 OF THE NW 1/4 OF SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST,COLLIER COUNTY, FLORIDA. LESS AND EXCEPT THE FOLLOWING: THE EAST 1/2 OF THE EAST 1/2 OF THE SE 1/4 OF THE NW 1/4 OF SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA. AND THE WEST 100 FEET OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 14,TOWNSHIP 50 SOUTH,RANGE 26 EAST,COLLIER COUNTY, FLORIDA. AND A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCE AT THE NORTHWEST CORNER OF SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST,COLLIER COUNTY, FLORIDA;THENCE RUN S 00°49'12"W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 14,FOR A DISTANCE OF 1,338.98 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 14;THENCE RUN N 87°28'39" E ALONG THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 14, FOR A DISTANCE OF 1,593.26 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;THENCE CONTINUE N 87°28'39" E ALONG THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 14, FOR A DISTANCE OF 745.63 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14;THENCE RUN S 00°48'18"W ALONG THE EAST LINE OF THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14, FOR A DISTANCE OF 1,341.64 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 14;THENCE RUN S 87°31'14"W ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 14, FOR A DISTANCE OF 883.81 FEET; THENCE RUN N 00°48'13" E FOR A DISTANCE OF 213.84 FEET;THENCE RUN N 22°19'04"W FOR A DISTANCE OF 94.95 FEET;THENCE RUN N 00°18'59"E FOR A DISTANCE OF 216.38 FEET;THENCE RUN N.87°28'12"E. FOR A DISTANCE OF 172.03 FEET;THENCE RUN N.66°03'38"E.FOR A DISTANCE OF 117.91 FEET;THENCE RUN N.00°32'14"E. FOR A DISTANCE OF 441.42 FEET;THENCE RUN S.87°28'12"W. FOR A DISTANCE OF 80.31 FEET;THENCE RUN N.02°31'00"W. FOR A DISTANCE OF 335.83 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1966219.82 SQUARE FEET OR 45.14 ACRES, MORE OR LESS. BEARINGS ARE BASED ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 14 AS BEARING N.87°31'38"E. K.E.TRASK, P.A. NOVEMBER 29,2022 FLORIDA LICENSED BUSINESS LB8450 KENNETH E.TRASK PROFESSIONAL LAND SURVEYOR FLORIDA LICENSE LS4684 12345 BLASINGIM ROAD • FORT MYERS, FL 33966 SHEET 1 OF 2 5 1 6 8 1 ©' SOO'48'00"W 1341.93' — — v LESS AND EXCEPT w I ao a • no E1/2-E1/2-5E1/4-NW1/4 co n• NM MCI 00 oo Z I 800'48'18"W 1341.64' I I I I \ I I _-- z a I I LESS AND EXCEPT Cs( w (OR 5204, PG 3519) M M idI 1�1 ZCO 7.1 09 z P.O.B. I I, LESS & EXCEPT I I°�,° S00'32'14"W 441.42' S02'31'00"E r,I 335.83' -1 I I OR 5928 J PG 1839 I I L2 L4 SUBJECT PARCEL S1/2-NW1/4 (OR 5841 PG 824) 0 1966219.82 SQUARE FEET 45.14 ACRES, MORE OR LESS z irri1-0 'a, N M W n N wzo 11 LINE TABLE ro� u1 w w o Z 00 LINE BEARING DISTANCE M 3 N 0- L1 N87'28'39"E 100.17' Z CONSERVATION L2 NO0'48'13"E 213.64' h w O ct a, EASEMENT L3 N2719'04'W 94.95' oO Z w O J,+1 L4 N00'18'59"E 216.38' ?-' =Z F= L5 N87'28'12"E 172.03' I uj I'�'- O O L6 N66'03'38"E 117.91' 0 L7 S8728'72"W 80.31' 30.00' 30.00' P.O.C. LESS AND EXCEPT N.W. CORNER W 100' S1/2-NW1/4 SECTION 100' CANAL RIGHT OF WAY -14-50-26 NO0'49'12"E 1339.72' -r* J I 1338.98' SOO'49'12"W COLLIER BLVD W. LINE N.W.1/4 SECTION 14 SKETCH TO ACCOMPANY THIS IS NOT A BOUNDARY SURVEY Trask, P.A. K.E..E. DESCRIPTION Land Surveyors OF A PARCEL LYING IN Florida Licensed RooELBa4sa SECTION 14,TOWNSHIP 50 SOUTH, /�C ! /l ri Z2 Fort239) 80-1 33966 (239)980-1495 RANGE 26 EAST, ENNE H E.?BASK DATE COLLIER COUNTY,FLORIDA. FLORIDA UCENSE LAND OR °°m °"° " '"°" 11-29-22 I 19-1515R 11"=250' I�°`19-156 I 2 OF 2 6 1691 EXHIBIT "B" K. E. TRASK, P.A. LAND SURVEYORS A PARCEL LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (CONSERVATION EASEMENT) A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING A PART OF THE PARCEL AS DESCRIBED IN OFFCIAL RECORDS BOOK 5841, PAGE 824, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE 5.00°49'12"W. ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 14 FOR 1338.98 FEET TO THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 14;THENCE N.87°28'39"E.ALONG SAID FRACTIONAL LINE FOR 100.17 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 5928, PAGE 1839,SAID PUBLIC RECORDS,AND THE POINT OF BEGINNING;THENCE CONTINUE N.87°28'39"E.ALONG SAID NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 14 FOR 1065.97 FEET; THENCE LEAVING SAID FRACTIONAL LINE, S.00°48'34"W. FOR 556.40 FEET; THENCE S.87°32'15"W.FOR 385.55 FEET;THENCE N.47°30'42"W.FOR 62.28 FEET;THENCE S.87°32'15"W.FOR 633.85 FEET TO THE WEST BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 5841, PAGE 824, SAID PUBLIC RECORDS; THENCE N.00°49'12"E.ALONG SAID BOUNDARY FOR 511.21 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 562619.21 SQUARE FEET OR 12.92 ACRES, MORE OR LESS. BEARINGS ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM,WEST ZONE, NORTH AMERICAN DATUM OF 1983, BASED ON THE WEST LINE OF SECTION 14 AS BEARING S.00°49'12"W. K.E.TRASK, P.A. SEPTEMBER 20,2022 FLORIDA LICENSED BUSINESS LB8450 -KENNETH E.TRASK PROFESSIONAL LAND SURVEYOR FLORIDA LICENSE LS4684 12345 BLASINGIM ROAD • FORT MYERS, FL 33966 SHEET 1 OF 2 7 1681 Z OR 5841 PG 824 S00'48'34"W 556.40' N CV CO0 C3 r to cc O > r 0Z 0 m z )15' rn di co 0 SUBJECT OR 5448, PG 292 w EASEMENT °1 OR 5841 PG 824 coo 562619.21 SQUARE FEET CV 12.92 ACRES, MORE OR LESS co z L a1 J � r LEGENDLB LICENSED BUSINESS o LS LICENSED SURVEYOR i P.O.B. POINT OF BEGINNING w P.O.C. POINT OF COMMENCEMENT N r OR OFFICIAL RECORDS BOOKPG PAGE3 z >- I LINE TABLE (NI <1- 3 LINE BEARING DISTANCE " z o L1 N87'28'39"E 100.17' z N =L2 N47'30'42"W 62.28' --1 ",. ce Z u J Q O z O Q 0 0 W. BOUNDARY OR 5841 PG 824 N00'49'12"E 511.21' P.O.B. J P.O.C. N.W. CORNER ��� SECTION 14 SOO'49'12"W 1338.98' W. LINE N.W.1/4 SECTION 14 SKETCH TO ACCOMPANY THIS IS NOT A BOUNDARY SURVEY K.E. Trask, P.A. DESCRIPTION Land Surveyors OF A PARCEL LYING IN Florida Licensed Business No. LB8450 12345 Bloaingim Rood Fort Myers, Florida 33966 SECTION 14,TOWNSHIP 50 SOUTH, �� � mw '(-2 22 (239) 980-1495 RANGE 26 EAST, ENNEfH E. TRASK DATE PROFESSIONAL LAND SURVEYOR date des I scale job/ sheet COLLIER COUNTY,FLORIDA. FLORIDA LICENSE NO. LS4684 9-20-22 19-156SK 1"=150' I 19-156 I 2 OF 2 8 1691 EXHIBIT "C" CONSERVATION EASEMENT CONSENT AND SUBORDINATION � THIS CONSENT AND SUBORDINATION is dated this ---f day of Gnln , 202S. by BLC Naples LLC, a Florida limited liability company (hereinafter reftrred to as the "Secured Party"), in favor of Collier County, Florida, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "County"). Secured Party as used herein includes singular or plural, as the context allows. WHEREAS, the purpose of this Subordination is to subordinate the Secured Party's security interest that encumbers good and marketable title to the Conservation Easement being conveyed to Collier County,upon a portion of the underlying real property that is encumbered by the Security Instrument described below; and WHEREAS, the Secured Party is the owner and holder of that certain Mortgage and Security Agreement from 3805 TLW, LLC, a Florida limited liability company (the "Security Instrument"), recorded on November 5, 2020 in Official Records Book 5841, Page 832, of the Public Records of Collier County, Florida; and WHEREAS, the above-referenced Security Instrument grants to the Secured Party a security interest that encumbers the Conservation Easement being conveyed to the County;and WHEREAS,prerequisite to the conveyance of the Conservation Easement to the County, the County requires that the Secured Party must consent to the Conservation Easement and subordinate only its security interests in the Conservation Easement being conveyed to the County; and the Secured Party is hereby complying with said request for the consent and subordination. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by the Secured Party, the Secured Party hereby consents to the Conservation Easement and subordinates the lien of the Security Instrument to the Conservation Easement. Except as expressly subordinated herein, the Security Instrument and the lien(s)created thereby remain in full force and effect. [signature on following page] 1 1681 IN WITNESS WHEREOF, the Secured Party has caused this Consent and Subordination to be executed and delivered the date and year first above written. Witnesses: BLC Naples LLC,a Florida limited liability company Print: Brent Bartholomew °60 �aa�meur By: Print: Douglas R Bartholomew 47c4mt, % �eifia-naeur- Title: Manager Print: Jasmine Faith Bartholomew STATE OF "\xcl\e'R Virginia COUNTY OF ettAwer Roanoke The foregoing instrument was acknowledged before me by means of 0 physical presence or Pf online notarization,this 4th day of January ,202 3 by Douglas R Bartholomew , as Manager of BLC Naples LLC, a Florida limited liability company, who is personally known to me or has produced Driver License as identification. WITNESS my hand and official seal. Lk/A1-1:‘ \\o+,pullului���,p (Seal) Notary Public �6K7N \ Alexander Luis Marin r o I- REGISTRATION NUMBER icy, • 7871785 v 4,pp011`.;,<('� COMMISSION EXPIRES • August 31,2024 Notarized online using audio-video communication • 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP i 68 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) O ce Initials Date 1. 2. 3. County Attorney Office County Attorney Office o 0 `)Z3�2j 4. BCC Office Board of County I Commissioners Pt f / 1/3of 3 5. Minutes and Records Clerk of Court's Office ( 1 3 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ronald Thomas Phone Number 252-5861 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 02/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RT 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RT 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RT 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 (enter date)and all RT W, - changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the WA,ilk BCC,all changes directed by the BCC have been made,and the document is ready for the O(",.f 1ologrow Chairman's signature. OA��JJ . I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1681 Project: 51029 Golden Gate City Stormwater Parcel: 263TCE Folio: 36114120002 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the"Agreement") is made and entered into on this Y day of 1, ff I , , by ARSENIO MOLINA as President of DR & AM PROPERTY MANAGEMENT INC, a Florida corporation, whose mailing address is 5184 19th Court SW, Naples, FL 34116 (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. GP'() t 6 I 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT- Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: 1/ 13/23 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA BY: ) Deputy Clerk RICK LoCASTRO, Chairman Attest as to Chairman's Antos*01*1. 1 81 AS TO OWNER: DR & AM PROPERTY MANAGEMENT INC, a Florida corporation DATED: /. a , BY: Witness (Signature) ARSENIO MOLINA, President to/4 Name (Print or Type) 4r Witn ignature) 141141 g, Name (Print or Type) roved as to form and legality: D REK D. PERRY, ES . Assistant County Attorney /V Last Revised 11/14/22 1681 EXHIBIT A Page 1 of 1 1 L J NOTES: ITE-ROW, 1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO 1 2/1 9/22 r 7 BE USED AS ONE. 2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE 6'DE& PUE 263TCE 20'ALLEY IN FEET AND ARE PROJECTED ONTO THE FLORIDA STATE (PER PL4T) (PER PLAT) PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (NAD83), 2011 ADJUSTMENT. 3. BEARINGS SHOWN HEREON ARE BASED ON FIXING THE E 17 NORTH LINE OF LOT 16, BLOCK 122, GOLDEN GATE UNIT 4, WHEREIN SAID NORTH LINE BEARS N89'30'47"E. Pi I DESCRIBED PARCEL OF LANDI 4. PARCEL CONTAINS 339 SQUARE FEET, MORE OR LESS. .FT.,± L 5. P.O.C. = POINT OF COMMENCEMENT / 6. P.O.B. = POINT OF BEGINNING N 12'DE& PUE 7. ORB = OFFICIAL RECORDS BOOK P.O.C. (PER ) 8. PG = PAGE PLAT r——— 9. P = PLAT 3 II- ...-. NORTHWEST CORNER OF i LN89'30'47E 6.0' li 10. DE = DRAINAGE EASEMENT LOT 16, BLOCK 122, r S0079'13E 6.0 3.1 11. PUE = PUBLIC UTILITY EASEMENT F. GOLDEN GATE UNIT 4 N89°30'47"E 113.0' ' I 12. R/W = RIGHT-OF-WAY i 13. SO. FT. = SQUARE FEET 4,. (PLAT BOOK 5, PAGE 110) S89°30'47"W 113.0' I 14. RID = PARCEL IDENTIFICATION NUMBER ' P.O.B. NOO°29'13"W 3.0' S00°29'13"E 3.0' Digitally g y I signed by s LOT 16, BLOCK 122 I Mark A. 1GOLDEN GATE UNIT 4 ,, Texter PLAT BOOK 5,PAGE 110 Date: �• �w PID: 36 1 14 120002 � 2022.12.16 E \ 2100 48TH ST SW I 13:51:01 L J OS'00' I NOT A SURVEY i I r 1 I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE LEGAL DESCRIPTION AND 0 10 20 40 ATTACHED SKETCH WERE PREPARED IN ACCORDANCE z I WITH THE APPLICABLE PROVISIONS OF CHAPTER i TE(INNDED DISPLAY SCALE: 1"=40') 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472, FLORIDA STATUTES. gl DESCRIPTION R THAT PORTION OF OF LOT 16, BLOCK 122, GOLDEN GATE UNIT 4, PLAT BOOK 5, PAGE 110 IN THE PUBLIC I RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST. BEING MORE o PARTICULARLY DESCRIBED AS FOLLOWS: MARK A. TEXTER(FOR THE FIRM L.B. 642) COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 16, THENCE RUN N89'30'47"E ALONG THE NORTH LINE PROFESSIONAL SURVEYOR AND MAPPER ..8' OF SAID LOT 16 FOR 6.0 FEET; THENCE RUN SOO'29'13"E FOR 6.0 FEET TO THE POINT OF BEGINNING. FLORIDA CERTIFICATE NO. 6392 'z FROM SAID POINT OF BEGINNING THENCE RUN N89'30'47"E FOR 113.0 FEET; THENCE RUN S00'29'13"E FOR 3.0 DATE SIGNED: 5 FEET; THENCE RUN S89'30'47"W FOR 113.0 FEET; THENCE RUN NO0'29'13"W FOR 3.0 FEET TO THE POINT OF BEGINNING. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR 5 PARCEL OF LAND CONTAINS 339 SQUARE FEET, MORE OR LESS. AND MAPPER. GOLDEN GATE CITY-ALIGNMENT 0 JOHNSON ENGINEERING, INC. SKETCH AND DESCRIPTION-PARCEL OF LAND LYING IN J O u C %. 2122 P.O. BOX 1 STREET LOT 6,BTOWNSHIP H1IP,GOLDEN GAIN E 26IT 4 TEMPORARY CONSTRUCTION EASEMENT j 1 J , LOR 1 s3o SECTION 21,TOWNSHIP 49 SOUTH,RANGE EAST FORT MYERS, FLORIDA 33902-1550 COLLIER COUNTY,FLORIDA FOR STORMWATER IMPROVEMENTS PHONE: (239) 334-0046 COLLIER COUNTY,FLORIDA ENGINEERING FAX: (239) 334-3661 ogre PROJECT NO. Fl E NO. SCALE SHEET E.B. #642 LB. #642 12/12/2022 20203244-000 21-49-26 1:40 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 9 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original drwunrent. I he completed routing slip and original documents are to be forwarded to the County Attorney Otike at the time the item is placed on the agenda. All completed routing aip .tint orii_in.rt'torirrnrnt%rrrno he rt,eeive l in the Count' t•stnrney Office no later than N tonday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,aril/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 3. County Attorney Office County Attorney Office por 4. BCC Office Board of County Commissioners I\L f 1 1 f 36/73 5. Minutes and Records Clerk of Court's Office f PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering- ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2-23-2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the RG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's RG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 2-23-2010 (enter date)and all changes N/A is not made during the meeting have been incorporated in the attached document. The RG an option for County Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the .' N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 B I Project: 51029 Golden Gate City Stormwater Parcel: 234TCE Folio: 36306480000 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this - day of )(Nat,-) , 20 ' by and between 55THTER RENTAL LLC, a Florida limited liability company, whose mailing address is PO Box 9684, Naples, FL 34101, (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter"the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 1681 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE -This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: ///3 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA BY: y BY: , Deputy Clerk RICK LoCASTRO, Chairman Attests to Chairman's signature only. 16fJ1 AS TO OWNER: DATED: 02.3 3 f, ,,.,,+/c 55THTER RENTAL LLC, a Florida Witne s (Signature) limited liability company .P ine (Print or Type) ` BY: -. Witness (Signature) CAMILLE FORMAN, Manager i Name (Print or Type) Ap ved as to f m and legality: 0 DEREK D. PER Y, E Q. �` Assistant County Attorney N\1" Last Revised 11/14/22 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 t7 1 THE BOARD OF COUNTYl COMMISSIONERS {tOFFICE tFORrSIGNATURE Print on pink pa Countytarded to the Attorney Officel;,,_ g' at the time the item is placed on the agenda. All completed routing slips and original documents must he received in the Count, ‘ttornr" orrice no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date • 3. County Attorney Office County Attorney Office 00e 4. BCC Office Board of County Commissioners L 8� B/� 042 _ 5. Minutes and Records Clerk of Court's Office a�—��— PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primacy Staff Robin L. Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2-23-2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account 011ti number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the RG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's RG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 2-23-2010 (enter date)and all changes N/A is not made during the meeting have been incorporated in the attached document. The RG an option for County Attorney's Office has reviewed the changes,if applicable. this line. _ 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the C an option for Chairman's signature. bait I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1681 Project: 51029 Golden Gate City Stormwater Parcel: 186TCE Folio: 75160600003 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of } 01/0 A(\/ , 20`.,S by and between SUN CATCHER CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation, whose mailing address is do Guardian Property Management, Inc., 6704 Lone Oak Boulevard, Naples, FL 34109, (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall 16 I I remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: //G 2 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA ()BY: BY: tsty Clerk p RICK LoCASTRO, Chairman Attest as to C1tair(tlaa signature only, ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP pp TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 8 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#I through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 3. County Attorney Office County Attorney Office fI (, 2I 4. BCC Office Board of County Commissioners (RL.by/6/5/ I/30'2 3 5. Minutes and Records Clerk of Court's Office rvE 0 30 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ronald Thomas Phone Number 252-5861 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 02/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RT 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RT 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RT 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 (enter date)and all RT changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the *it„POI BCC,all changes directed by the BCC have been made,and the document is ready for the cl Chairman's signature. y414111r1* I: Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1681 Project: 51029 Golden Gate City Stormwater Parcel: 232TCE Folio: 36306520009 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this _ day of -Fa kr\u-airy , 20_, by and between JOSEPH ANGELO TRUPIANO and CONNIE TRUPIANO, husband and wife, whose mailing address is 10542 Winterview Drive, Naples, FL 34109-1522 (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. CAO 1681 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT- Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: (/ /7//ZA2 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk RICK LoCASTRO, Chairman Attest as to Oahe. signat oak ib8l AS TO OWNER: DATED: 6\ ?.1423 RA4sri. Witness (Signature) J H ANGELO TRUPIANO 6 c\ V N\6a,t pan Name (Print or Type) /; l e( , Witn s ( ignature) CONNIE TRUPIANO 2,)s . ��. �t� 110 Name (Print or Type) proved as to form and legality: C p DE EK D. PERRY, ES . Assistant County Attorney �,� v/\ xI v Last Revised 11/14/22 1681 EXHIBIT A Page 1 of 1 L J NOTES: TE-ROW 232TCE 1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO 12/19/22 r , r 2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE LOT 9,BLOCK 190 IN FEET AND ARE PROJECTED ONTO THE FLORIDA STATE GOLDEN GATE UNIT 6 PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (NAD83), 2011 ADJUSTMENT. E PLAT BOOK 5,PAGE 124 3. BEARINGS SHOWN HEREON ARE BASED ON FIXING THE PID: SOUTH LINE OF LOT 9, BLOCK 190, GOLDEN GATE UNIT 6, 2348 3630652000955TH TER SW WHEREIN SAID SOUTH LINE BEARS N89'12'52"E. 4. PARCEL CONTAINS 565 SQUARE FEET, MORE OR LESS. g i 5. P.O.C. = POINT OF COMMENCEMENT R N01°19'53"W S01°19'53"E 7. ORB = OFFICIAL RECOR SNING BOOK ' S 0, 12'DE PUE 8 PG = PAGE N89°12'52"E 113.0' I (PER PLAT) 9. P = PLAT P.O.B. L DRAINAGE EE s L5.0 o1.19531Y e.B89°12'52"W 11.PUE = PUBLIC UTIUTY EASEMENT P.O.C. N89'7232�6.0' 5' 11' 12.R/W = RIGHT-OF-WAY SOUTHWEST CORNER OF r -1 1-L — ——- 13. SQ. FT. = SQUARE FEET v', LOT 9, BLOCK 190, 14. PID = PARCEL IDENTIFICATION NUMBER GOLDEN GATE UNIT 6 (DESCRIBED PARCEL OF LAND- . (PLAT BOOK 5, PAGE 124) I CONTAINS 565 SO.FT.,t i Digitally 8 signed by Mark A. J Texter Date: u 2022.12.16 Qb E 6'OE&PUE 10:35:52 IL (PER PLAT) J L -05'00' _ NOT A SURVEY I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE 0 to 20 40 r , I- ANDBELIEF, THAT THE LEGAL DESCRIPTION AND ATTACHED SKETCH WERE PREPARED IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF CHAPTER (INTENDED DISPLAY SCALE: 1'4.401 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT 1 TO CHAPTER 472, FLORIDA STATUTES. * DESCRIPTION i„ THAT PORTION OF OF LOT 9, BLOCK 190, GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGE 124 IN THE PUBUC RECORDS ,. OF COWER COUNTY, FLORIDA, LYING IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST. BEING MORE g, PARTICULARLY DESCRIBED AS FOLLOWS: MARK A. TEXTER (FOR THE FIRM L.B. 642) Ry COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 9, THENCE RUN N89'12'52'E ALONG THE SOUTH LINE PROFESSIONAL SURVEYOR AND MAPPER s OF SAID LOT 9 FOR 6.0 FEET; THENCE RUN NOV19'53"W FOR 6.0 FEET TO THE POINT OF BEGINNING. FLORIDA CERTIFICATE NO. 6392 FROM SAID POINT OF BEGINNING THENCE RUN NO1'19'53"W FOR 5.0 FEET; THENCE RUN N89'12'52'E FOR 113.0 DATE SIGNED:FEET; THENCE RUN 50119.53"E FOR 5.0 FEET; THENCE RUN S89'12'521V FOR 113.0 FEET TO THE POINT OF ___ 8 BEGINNING. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR PARCEL OF LAND CONTAINS 565 SQUARE FEET, MORE OR LESS. AND MAPPER. / JOHNSON ENGINEERING, INC. SKETCH AND DESCRIPTION-PARCEL OF LAND LYING IN GOLDEN GATE CITY-ALIGNMENT F 2122 JOHNSON STREET LOT 9,BLOCK 190,GOLDEN GATE UNIT 6 TEMPORARY CONSTRUCTION EASEMENT P.O. BOX 1550 SECTION 21,TOWNSHIP 49 SOUTH,RANGE 26 EAST MYERS, FLORIDA FOR STORMWATER IMPROVEMENTS FORT PHONE: (239)334-00461550 COLLIER COUNTY,FLORIDA COLLIER COUNTY,FLORIDA ENGINEERING FAX.(239) 334-'61 DATE PROJECT NO. FILE NO. SCALE SHEET E.B. /642& LB. 642 12/12/2022 20203244-000 21-49-26 1:40 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 8 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink pap& lttach to original l ;:,,,;ntpletcd routing :lip anu .m rtIOuc i“l.,.i :lcti tYi tilt Ali::rncl at the time the item is placed on the agenda. :111 completed routing slips and original documents must be received in the County Attorney Office no I than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. • 3. County Attorney Office County Attorney Office ,�l j 1� e `1 Z I L� 4. BCC Office Board of County Commissioners R(, by i3// 0/ 23 5. Minutes and Records Clerk of Court's r\IF 1--30-2?3 ( 0: '3a PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW _ Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2-23-2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. _ 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the RG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's RG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 2-23-2010 (enter date)and all changes /A is not made during the meeting have been incorporated in the attached document. The RG option for County Attorney's Office has reviewed the changes, if applicable. is line. 9. Initials of attorney verifying that the attached document is the version approved by the . /A is not BCC,all changes directed by the BCC have been made,and the document is ready for the p fPn option for Chairman's signature. iris line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1681 Project: 51029 Golden Gate City Stormwater Parcel: 251TCE Folio: 36233040005 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of p/tiv✓r; , 20_, by and between KAYE E. FLEMING and WALTER G. FLEMING, wife and husband, whose mailing address is 1783 55th Street SW, Naples, FL 34116, (hereinafter"Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 1681 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: ;OD :-') ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA • 1/2.11 -' BY: BY: , Deputy Clerk RICK LoCASTRO, Chairman Attest as to chainfianos Cicn.if lra C` 0 1681 AS TO OWNER: D Cr'2& Wi ness (Signature) KAYE E. FLEMING 1)Clitt-q\Lk, Name (Print or Type) .<4)(4L /74--• { sty Wi ness (Signature) WALTER G. FLEMING \ { l 11 0 Name (Print or Type) A roved as to form and legality: • DEREK D. PERRY, ES '/ Assistant County Attorney 1/ N', Last Revised 11/14/22 1681 0 w w I- I Z CDU I 0 <W0 Z w - M I ¢K O W h0 <m WO J0OO.Vl Zp} F Z 0vim --w w >.� ^j V. z¢0I-a �I 1 0 ~ uN I- I Q o Y Z ¢ uJ z Wax ZU x a+ cU i a) N N �' S 0¢xlyj * OO is, V) -i--• 4� f_ x�� XZO Q1 iV/ .M- V1 �dZUOO �� 2N OI_- N Z�OZIiwp�W l� 'in F- 0N � Oi W� �pV7 ma <0 ZZW O0 ram, Cr) OL�Z�ZJO MO plow WF JGL �V1 W Z ¢ cc x2w NOU00� w F-w Ir Z�F �� �W OQ �� X Z 0H00o OC1 w IwmaO~¢ �_ N QU JC7 y W cn F¢-ON-oW/ L In�lh m mQw�cn�u WZM �-I owjo ....... ^ co JpQ�WUwWp� w z I- LUcL ~Oz w0 co t- I O <0 Omp md'UZO Z pWw OO d'} xJ Z VO O ,t U7 ~W N¢J ¢Z w Li-1-m W 0 2 w¢J pW I-w ptoa0 z I } OUwr:Zm ZIX NuJi-1,30 QmZ� ZN < ~~3 m¢w �4.< ~¢ OL Ycn Q' N z mX V)i)owN x�Om0 w *.u_p: � 4ldo* I-JIW_- I I-o W o 0-J § 0w wvxow�IA-Wiz n�3ww 0u:in< `I,,j ri WZw w 3QJQw Zov,0 z ¢0¢¢ZZWZODOWZQZZ¢ 00 ID_I d mww1OQ ¢V•N1¢ C,- <w¢ ¢ Oz 0O I- w0C4�NW QZOO�w Zm xONU �0cCi 0 YIW� W >WM UJO a N z Q¢ow _zv'�° a.L.c�1-¢0- II a O =zI¢I..-�I 1 00 < I-00 I- w O Z U O�J Z II II 0¢ d'd� d Z I--u O X < O Z w y N mow_ 0 J ago z -¢¢31n1-- iMa_u_ o zw¢ Y 7CCUz-1k cc0cim ° IIa1I ° ° Il ° W xWOwg¢WO x¢OO2o II WO�OC N OI-m U z CO..OM Z 3 C1 0:CI:CD CL IL o a K oo a t N 0 Z. 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All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines 41 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 2. 3. County Attorney Office County Attorney Office ()j) p 11-24 (7-7 4. BCC Office Board of County Commissioners Rv 6,21 / i/- /'t' 5. Minutes and Records Clerk of Court's Office r!n t `0, 30 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ronald Thomas Phone Number 252-5861 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 02/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached l PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RT 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RT 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RT 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 (enter date)and all RT changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the I!/ Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 168t Project: 51029 Golden Gate City Stormwater Parcel: 181TCE Folio: 36453440003 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the"Agreement") is made and entered into on this day of ;p-414.1 , 2022, by and between STEPHEN EMILE MARTEL , individually and as it's Personal Representative of the Estate of JOHN Y. MARTEL, a deceased man, whose mailing address is 2900 52nd Street SW, Naples, FL 34116 (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary t6 8 1 Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT- Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE C UNTY: DATED: jZ3 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA irie BY: /gt...\" 624 BY , Deputy Clerk RICK LoCASTRO, Chairman At4 to *lotto only. Clo 1681 AS TO OWNER: DATED: 2GZ BY i ness (Signature) ST EN EMILE MARTEL, individually and as as Personal Representative of the Name ( rint or Type) ESTATE of JOHN Y. MARTEL, deceased Witness ( ignature) /////af-4/1W Name (Print or Type) roved as to form and legality: REK D. PERRY, E ` Assistant County Attorney Ni ti V\ Last Revised 11/14/22 1681 1 41 181 TCE LEGAL DESCRIPTION & SKETCH TEMPORARY CONSTRUCTION EASEMENT R; 2900 52ND STREET S.W. (FOLIO NO. 36453440003) NAPLES, FLORIDA EXHIBIT A 0 10 20 Page 2 of 2 INTENDED DISPLAY SCALE: 1" = 20' ...r - —I PARK EAST PLAZA I c CONDOMINIUM a Q Iw w L.6 U U'1 o I POC: TCE-1 & TCE-2 LOT 4, BLOCK 262 I LLI CC ^ ° WESTERNMOST CORNER P.B. 5, PGS. 135 146 CCcc d I LOT 5, BLOCK 262 I W -- GOLDEN GATE UNIT 7 CC 11.1 J m (Z ~ _ N51°05'21"E 125.00' 6' D&PUE (P) (.1-) _ • o LoLO 6.00'� 538°54'39"E 6.00' 71.00' I 6' D&PUE (P) 48.00' z z • - - - a CC 111 NI Li., N51°05'21"E '� N51°05'21"E 42.00' Ill 29.50' En Ln - TCE-1 ti Co 538°54'39"E TCE-2 __ rn o ^� 6.00' d- 0 in 4 Ino E fr 551°05'21"W z S51°05'21"W 42.00' a Co `r . w 29.50' a a I LOT 5, BLOCK 262 I o z ° TEMPORARY P.B. 5, PGS. 135-146 TEMPORARY "co I CONSTRUCTION FOLIO NO. CONSTRUCTION I EASEMENT TCE-1 EASEMENT TCE-2 36453440003 .1— J � W N �/^ 'N N u, LEGEND: a' 0 o D&PUE = DRAINAGE & PUBLIC UTILITIES EASEMENT 7 LB = LICENSED BUSINESS o, NO. OR # = NUMBER o (P) = AS SHOWN IN P.B. 5, PGS. 135-146 3 P.B. = PLAT BOOK a PGS. = PAGES 0 POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT , R/W = RIGHT OF WAY 32 NOTES: 0 R 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS THEREOF. o 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 7, PLAT BOOK 5, PAGES 135-146. NOT VALID WITHOUT THE ATTACHED DESCRIPTION. THIS IS NOT A SURVEY. . AIM Engineering& Surveying,Inc. SMIL-12751 - SMOF-1842 '- , 2161 FOWLER STREET, SUITE 100 FORT MYERS, FLORIDA 33901 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 36453440003) www.aimengr.com DRAWN: CHECKED: CLIENT: PHONE(239) 332-4569 IS 3-9-22 DT 3-10-22 COLLIER COUNTY �� .....v TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY: AIM LICENSED BUSINESS No. 3114 20-1121 28 49 S 26 E COLLIER SHEET 2 OF 2 1681 E-ROW 181 TCE LEGAL DESCRIPTION & SKETCH 3/22/22 TEMPORARY CONSTRUCTION EASEMENT 2900 52ND STREET S.W. (FOLIO NO. 36453440003) NAPLES, FLORIDA EXHIBIT A Page 1 of 2 DESCRIPTION: TCE-1 THAT PORTION OF LOT 5, BLOCK 262, GOLDEN GATE UNIT 7, AS RECORDED IN PLAT BOOK 5, PAGES 135-146 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WESTERNMOST CORNER OF SAID LOT 5; THENCE N 51°05'21" E, ALONG THE NORTHWEST LINE OF SAID LOT 5, FOR 6.00 FEET; THENCE S 38°54'39" E FOR 6.00 FEET TO THE POINT OF BEGINNING; THENCE N 51°05'21" E FOR 29.50 FEET; THENCE S 38°54'39" E FOR 14.00 FEET; THENCE S 51°05'21" W FOR 29.50 FEET; THENCE N 38°54'39" W FOR 14.00 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 413 SQUARE FEET, MORE OR LESS. DESCRIPTION: TCE-2 0 THAT PORTION OF LOT 5, BLOCK 262, GOLDEN GATE UNIT 7, AS RECORDED IN PLAT BOOK 5, PAGES 135-146 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WESTERNMOST CORNER OF SAID LOT 5; THENCE N 51°05'21" E, ALONG THE NORTHWEST LINE OF SAID LOT 5, FOR 77.00 FEET; THENCE S 38°54'39" E FOR 6.00 FEET TO THE POINT OF BEGINNING; THENCE N 51°05'21" E FOR 42.00 FEET; W THENCE S 38°54'39" E FOR 14.00 FEET; THENCE S 51°05'21" W FOR 42.00 FEET; THENCE N 38°54'39" W FOR 14.00 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 588 SQUARE FEET, MORE OR LESS. K`•r..""SF Digitally signed 441 ti y cri " 6476 11! by Darren • Townsend SA STATE OF QQ Date: 2022.03.16 a NOTES: co. �•FLORIDA .j•� I 1441;;vev°••; 15:18:17 -04 00 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS THEREOF. DARREN TOWNSEND 0 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 7, PROFESSIONAL SURVEYOR AND MAPPER PLAT BOOK 5, PAGES 135-146. FLORIDA CERTIFICATE. NO. 6476 NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND { NOT VALID WITHOUT THE ATTACHED SKETCH OF DESCRIPTION. THIS IS NOT A SURVEY. SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. „.�. AIM Engineering& Surveying,Inc. SMIL-12751 - SMOF-1842 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 36453440003) FORT MYERS, FLORIDA 33901 www.aimengr.com DRAWN: CHECKED: CLIENT: ,4 PHONE (239) 332-4569 IS 3-9-22 DT 3-10-22 COLLIER COUNTY .�. TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY: . A I M LICENSED BUSINESS No. 3114 20-1121 28 49 S 26 E COLLIER SHEET 1 OF;,2� ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 8 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. %mach to original document. I lie completed routing slip and original documents are to be torwardcd to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 3 0 0 P 1- z 4. BCC Office Board of County Commissioners A(, thO l z 3 5. Minutes and Records Clerk of Court's Office ',- 23 I 0: 3p PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Depaitiuent Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2/23/2010 l6 B 1 Type of Document Number of Original Attached Agreement Documents Attached I PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes .. made during the meeting have been incorporated in the attached document. The dr County Attorney's Office has reviewed the changes,if applicable. RLG 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the .;.fbr Chairman's signature. L Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05.Revised 2.24.05;Revised 11/30/12 1681 Project: 51029 Golden Gate City Stormwater Parcel: 260TCE Folio: 62900040001 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this /fi3 1M day of , 2013, by and between DERY PROPERTIES II, LLC, a Florida limited liability company, whose mailing address is 60 10th Street N, Naples, FL 34102, (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 1681 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: /l%c/2,% ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA BY: 07 BY: , Deputy Clerk RICK LoCASTRO, Chairman Attest.as to t it rt'e signature oniv, 1 6 B 1 AS TO OWNER: DATED: l'' 11%Il DERY PROPERTIES II, LLC, a V it Si nature ( 9 ) Florida limited liability company et (erg (1 Name (Print or Type) BY: Witness (Signature) BONNY DER , Ma ger 1)61{\63.-\4KraS ame (Print or Type) A roved as to f rm and legality: DEREK D. PERRY, SQ. � AA/Assistant County Attorney �� ti 1\11 Last Revised 11/14/22 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 8 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 3. County Attorney Office County Attorney Office O i(2pJ2 3 4. BCC Office Board of County �/,J/1n�Q Commissioners AL by /rj/s/ I/30/23 5. Minutes and Records Clerk of Court's Office i o 3o PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ronald Thomas Phone Number 252-5861 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 02/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RT 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RT 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RT 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 (enter date)and all RT N/A is not changes made during the meeting have been incorporated in the attached document. an option for The County Attorney's Office has reviewed the changes,if applicable. this line. 9. initials of attorney verifying that the attached document is the version approved by the 1 WA is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. L Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16H Project: 51029 Golden Gate City Stormwater Parcel: 210TCE Folio: 36459880007 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEME_ ILT (hereinafter referred to as the "Agreement") is made and entered into on this jj day of )ectteo-- � , 202 by and between SILFREDO GUTIERREZ and SANDRA LORENZO, husband aid wife, whose mailing address is 3131 55TH Terrace SW, Naples, FL 34116 (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. CAD 6g 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: S$C 2 3 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA BY: BY: , Deputy Clerk RICK LoCASTRO, Chairman Meg as la Chainnan% Again onh � 681 ATO OWNER: E iATED: Witness: Si LIMY') SI RE GUTIERREZ as Name (Print or Type) ""A) Win ign ure) SANDRA LORENZO t , A UV A- (" c3C(.0 Ci, Name (Print or Type) p roved as to for and legality: fi EK D. PERRY, ESQ. Assistant County Attorney N \41 �`ti Last Revised 11/14/22 1681 EXHIBIT A Page 1 of 1 TE-ROW L r—— NOTES: 1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO 12/19/22 r -I BE USED AS ONE. I 2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE I I 20'ALLEY 2 1 OTC E IN FEET AND ARE PROJECTED ONTO THE FLORIDA STATE (PER PLAT) PLANE COORDINATE SYSTEM, EAST ZONE. NORTH AMERICAN I a 23 DATUM OF 1983 (NAD83), 2011 ADJUSTMENT. E 3. BEARINGS SHOWN HEREON ARE BASED ON FIXING THE I j 23 NORTH LINE OF LOT 24, BLOCK 269, GOLDEN GATE UNIT 7, P.O.C. WHEREIN SAID NORTH LINE BEARS 58755'43"W. NORTHEAST CORNER OF 4. PARCEL CONTAINS 339 SQUARE FEET, MORE OR LESS. gi I I DESCRIBED PARCEL OF LANDS LOT 24, BLOCK 269, 5. P.O.C. = POINT OF COMMENCEMENT gi CONTAINS 339 SQ.FT.,± J GOLDEN GATE UNIT 7 6. P.O.B. = POINT OF BEGINNING (PLAT BOOK 5, PAGE 136)-- 8. PGB- PAGE RECORDS BOOK 8 N87°55'43"E -(PER PLATE - 9. P = PLAT J _ 10. DE = DRAINAGE EASEMENT LI_/113.0 g.- r5�T55431Y 6.0' 11. RUE = PUBLIC UTILITY EASEMENT 1 - --}1—SUUUbe52 6.0' P.O.B. 12. R/W = RIGHT-OF-WAY 13. SQ. FT. = SQUARE FEET r — t3' S87°55'43"W 113.0' 14. PID = PARCEL IDENTIFICATION NUMBER SO0°06'35"E 3.0' -2Iki N00°06'35"W E —— 3.0' 6'DE& PUE (PER PLAT) 4LOT 24,BLOCK 269 U 0 10 20 4D id I GOLDEN GATE UNIT 7 (INTENDED DISPLAY SCALE: 1"=40') ? PLAT BOOK 5,PAGE 136 P4 41 L Digitally signed by —— Mark A.Texter E PID.' 36459880007 E. Date:2022.12.16 3131 55TH TER_Sl___—� • x L iF r__ NOT A SURVEY 09:37:41-05'00' 2. Lfl I I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE LEGAL DESCRIPTION AND t 25 WITHOTHE APPLICABHED SKETCH L1ERPROVISONS OF CHAPTERE PREPARED IN i 5J-17.05, FLORIDA ADMINISTRATIVE CODE. PURSUANT TO CHAPTER 472, FLORIDA STATUTES. X DESCRIPTION THAT PORTION OF OF LOT 24, BLOCK 269, GOLDEN GATE UNIT 7, PLAT BOOK 5, PAGE 136 IN THE PUBLIC i RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST. BEING MORE MARK A. TEXTER (FOR THE FIRM L.B. 642) PARTICULARLY DESCRIBED AS FOLLOWS: PROFESSIONAL SURVEYOR AND MAPPER 5 COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 24, THENCE RUN 58755'43"W ALONG THE SOUTH LINE FLORIDA CERTIFICATE NO. 6392 OF SAID LOT 24 FOR 6.0 FEET; THENCE RUN SOO'O6'35"E FOR 6.0 FEET TO THE POINT OF BEGINNING. o FROM SAID POINT OF BEGINNING THENCE RUN SO0'06'35"E FOR 3.0 FEET; THENCE RUN 58755'43'W FOR 113.0 DATE SIGNED: ____ i FEET; THENCE RUN N00'06'35"W FOR 3.0 FEET; THENCE RUN N8755'43"E FOR 113.0 FEET TO THE POINT OF BEGINNING. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL E RAISED SEAL OF A FLORIDA LICENSED SURVEYOR i PARCEL OF LAND CONTAINS 339 SQUARE FEET. MORE OR LESS. AND MAPPER. OF GOLDEN GATE CITY-ALIGNMENT A O H N S `r JOHNSON ENGINEERING, INC. SKETCH AND DESCRIPTION-PARCEL AT LAND LYING IN LOT 24,BLOCK 269,GOLDEN GAT TEMPORARY CONSTRUCTION EASEMENT J la 2122 JOHNSON STREET E UNIT 7 FOR STORMWATER IMPROVEMENTS FORT P.O. BOX 1550 SECTION 28,TOWNSHIP 49 SOUTH,RANGE 26 EAST MYERS, FLORIDA 33902-1550 COLLIER COUNTY,FLORIDA ENGINEERING PHONE: (239) 334-0046 DATE PROJECT NO. FILE NO. SCALE SHEET COLLIER COUNTY,FLORIDA E.B. #642& LB. 1642 12/12/2022 20203244-000 28-49-26 1:40 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#I through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney ifj / I County Attorney's Office 1611,200Z J 2. BCC Office Board of County Commissioners RL by lig isI 2 2 3 3. Minutes and Records Clerk of Court's Office 214 I g f25 G�,,�j5 PRIMARY CONTACT INFORMATION ` Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vivian Rodriguez Phone Number 239-252-8402 Contact/Depat talent Agenda Date Item was February 23,2010 Agenda Item Number 16B1 -Resolution Approved by the BCC 2010-39 Type of Document Agreement—NESA/Big Corkscrew Island Number of Original 1 Attached Regional Park-Orange Blossom Ranch Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on February 23,2010,and all changes made VR during the meeting have been incorporated in the attached document. The County option for Attorney's Office has reviewed the changes,if applicable. line. _ 9. Initials of attorney verifying that the attached document is the version approved by the is not BCC,all changes directed by the BCC have been made,and the document is ready for the option for Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1681 • Memorandum TO: Minutes & Records Management FROM: Vivian Rodriguez, Real Property Management DATE: February 6, 2023 RE: NESA - Big Corkscrew Island Regional Park Orange Blossom Ranch This item is being accepted by the BCC under Resolution 2010-39 which was approved on February 23, 2010, Agenda Item 16B1. Kindly attest to the Commissioner's signature as Chair on the Agreement. Thereafter. please email a copy of same to me (vivian.rodriguez@colliercountyfl.gov) for my files. Please do not hesitate to contact me if you have any questions or comments at Ext. 8402. Thank you. 1661 Project: NESA-Big Corkscrew Island Regional Park Folio No.: 00209961102 AGREEMENT THIS ACCESS AND UTILITY EASEMENTS AGREEMENT (hereinafter referred to as the " Agreement") is made and entered into by and between THE BRYAN W. PAUL FAMILY LIMITED LIABILITY LIMITED PARTNERSHIP, a Florida limited partnership, whose mailing address is P.O. Box 2357, LaBelle, Florida 33975, (hereinafter referred to as "Owner"), and 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, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County two (2) perpetual, non-exclusive easements for access and maintenance purposes over, under, upon and across the lands described in Exhibit "A" and Exhibit "B" hereinafter collectively referred to as the ("Property"), which are attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to County and desires to grant two (2) Access and Utility Easements to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via two (2) Access and Utility Easements to County at no cost to the County, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release, or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, 0 1 6H1 release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by County. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Easements Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10, If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the 0 Cp' 1681 Property held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: I/3O/23 AS TO COUNTY: DATED: z/s f 23 ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA Circuit Court and Comptroller (-----/-2, A S 1' ;;t;.,l�r - ' NL BY: �,. s al i'4Ct•n S , Deputy Clerk SI�,iia I'v t: '�-a r r , Rick LoCastro, Chairman A WNER: BRYAN W. PAUL ss(Signature) FAMILY LIMITED LIABILITY LIMITED PARTNERSHIP, D1A \2 kid At, Ak a Florida limited partnership Name(Print or Type) BY: Kin ) .0.4,w._..1,---"Ke.,k AMES C. 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PAUL FAMILY LIMITED LIABILTY LIMITED PA TNERSHIP, a Florida limited partnership, whose mailing address is P.O. Box 2357, LaBelle, Florida 33975, (hereinafter referred to 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, whose mailing address is 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors, and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) 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, two (2) perpetual, non-exclusive easements for access and maintenance purposes upon and across the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" and Exhibit "B" which are 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 and to place and/or excavate materials for the purpose of providing and maintaining access thereon. The easements granted herein shall constitute easements running with the land and shall burden the lands described above. Grantee shall maintain the easements described herein in a good state of repair at the sole cost and expense of Grantee, its successors, and assigns. SIGNATURES APPEAR ON THE FOLLOWING PAGE I 6 8 1 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: THE BRYAN W. PAUL FAMILY LIMITED LIABILTY LIMITED PARTNERSHIP, a Florida limited partnership OLC BY: s) I Witness(Signature) JA ES C.. PAUL Managing Danit ', l/ �Y` Me ber of Bryan Paul Managment, V� h t LL', ,General Partner of Bryan W Name(Print or Type) Paii Family LLLP fitness(Signature) / Name(Print or Type) STATE OF FLORIDA COUNTY OF HENDRY The foregoing Access Easements were acknowledged before me by means of E physical presence or I I online notarization this day of -V,,,-.ol 2023, by JAMES C. PAUL, as Managing Member of Bryan Paul Management, LLC General Partner of BRYAN W. 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' 0 ......, ,•__ _, .- - 0 ,•.) q cf, 0- 0 --, . ,. , . , ' '..<- :I:GA!-(../\2 1 • 184 '.)19 13 W G . . . .. 0 (''' Project: NESA- Big Corkscrew Island Regional Park Folio No.: 00209961102 Corporation Affidavit STATE OF FLORIDA COUNTY OF COLLIER Before me, the undersigned authority, personally appeared JAMES C. PAUL, who being by me first duly sworn, on oath deposes and says that: 1. He is the Managing Member of Bryan Paul Management, LLC the General Partner of BRYAN W. PAUL FAMILY LIMITED LIABILITY LIMITED PARTNERSHIP, a Florida limited partnership. 2. Said corporation is currently in existence under valid Articles of Incorporation and Bylaws and has not been terminated or dissolved. 3. That he is authorized by the Articles of Incorporation and/or Bylaws to execute deeds, easements, and mortgages on behalf of the corporation, and all necessary consents have been obtained. 4. The Corporation is not currently in any bankruptcy proceedings and is not a debtor in bankruptcy. 5. Affiant further states that he is familiar with the nature of an oath and with the penalties as provided by the laws of the State of Florida for falsely swearing to statements made in an instrument of this nature. Affiant further certifies that he has fully read this affidavit and understands its contents. 6. This Affidavit is given to induce Commonwealth Land Title Insurance Company to issue its title policy insuring the contemplated transaction JAMES C. PAUL, Managing Member of Bryan Paul Managemet, LLC the General Parnter of Bryan VC( aul Family Ltd Liability Ltd Partnership STATE OF FLORIDA COUNTY OF HENDRY Sworn to and subscribed befor9 me by means of 0 physical presence or E online notarization this 3c) day of Jlwc�ei,.i„y-^ , 2023, by JAMES C. PAUL, as Managing Member of Bryan Paul Management, LLC the General Partner, of BRYAN W. PAUL FAMILY LIMITED LIABILITY LIMITED PARTNERSHIP, a Florida limited partnership. Such person(s) Notary Public must check applicable box: 0 is/are personally known to me. ❑ produced his/her current driver license. ❑ produced as identification. (affix notarial seal) )41.“ �-(,) �� 4iarPiii:: NANCY W KEEL ( Notary Public 3 I _? ' `f NotaryPublic-StateofFlorida b Printed Name of Notary: Lin ) if,' Commission Y HH 025788 y tL✓�P_c W 2 1 oir}°~` My Comm.Expires Aug 19,2024 Commission Number: i it O 2 ' .•...Bonded through National Notary Assn. ` S] AMIIIIIMIPNIIPIIIIIIIIIPIIIIPMpqmp.pg up gip oduppft My Commission Expires: 5l t Y/Z0 z'-( A i 1 form d legality: evi _- 1 a onald T. Tomasko, 3\ Assistant County Attorney 01,� 1 O e' ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing_lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney County Attorney's Office RTT] 7 2/Zy/23 2. BCC Office Board of County Commissioners L /113/5( Z12Y/2 3. Minutes and Records Clerk of Court's Office a�a100fey PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vivian Rodriguez Phone Number 239-252-8402 Contact/Depart Intent Agenda Date Item was February 23,2010 Agenda Item Number 16BI -Resolution Approved by the BCC 2010-39 Type of Document Agreement—PS 304.07— Number of Original 1 Attached Naples Botanical Garden Documents Attached PO number or account 414-263614-634980 number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on February 23,2010,and all changes made VRA ` during the meeting have been incorporated in the attached document. The County ot; Attorney's Office has reviewed the changes,if applicable. 1s 9. Initials of attorney verifying that the attached document is the version approved by the r.A 1 , BCC,all changes directed by the BCC have been made,and the document is ready for the Rill = d" Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 B Memorandum TO: Minutes & Records Management FROM: Vivian Rodriguez, Real Property Management DATE: February 23, 2023 RE: Basin 306 Pump Stations—PS 304.07 Naples Botanical Garden This item is being accepted by the BCC under Resolution 2010-39 which was approved on February 23, 2010,Agenda Item 16B1. Kindly attest to the Commissioner's signature as Chair on the Agreement. Thereafter. please email a copy of same to me (vivian.rodriguez@colliercountyfl.gov) for my files. Please do not hesitate to contact me if you have any questions or comments at Ext. 8402. Thank you. 169 PROJECT; Basin306 Pump Stations PUMP STATION 304 07 FOLIO No.: 61837760002 AGREEMENT THIS UTILITY AND ACCESS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between THE BOTANICAL GARDEN, INC. d/b/a NAPLES BOTANICAL GARDEN, INC., a Florida Not-For-Profit Corporation, (hereinafter referred to as "Owner") whose mailing address is 4820 Bayshore Drive, Suite D, Naples, FL 34112, and 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, (hereinafter referred to as "County"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive Utility and Access Easement ("Easement") for the purpose of constructing, operating, maintaining, and repairing a pump station and related facilities over, under, upon and across the lands described in Exhibit "A" hereinafter referred to as the ("Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via a Utility and Access Easement to County at no cost to the County, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release, or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. I B1 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit. proceeding or investigation regarding the generation, storage, treatment. spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination. Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by County. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs. executors. personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions. conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises. warranties, or covenants not contained herein. 10. If the Owner holds the Property in the form of a partnership, limited partnership. corporation, trust or any form of representative capacity whatsoever for others. Owner shall make a written public disclosure, according to Chapter 286. Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors. and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286. Florida Statutes.) 1681 11. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: t/2o/z0Z3 AS TO COUNTY: / DATED:, 2/2`{/2f)13 ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA Circuit Court and Comptroller /2 L{ it( l./l J ` ) i BY: , Deputy Clerk RICK LOCASTRO, Chairman Attest as to Chairan S sionatttre of1t9,• ~ AS TO OWNER: THE BOTANICAL GARDEN, INC. d/b/a NAPLES BOTANICAL GARDEN, INC., a Florida Not-For-Profit Corporation itTtessrt.i JIA grtature) - Ina P 0le\t--14 2., - Name(Print or Typ ) Li CLA BY: DONN MCGI NIS, President Witness( ignature) PcNt L. Stco -Fot2b Name(Print or Type) A�ov�d�s IT for legality. 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All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routinglines#1 through#2,complete the checklist,and forward to the County Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney County Attorney's Office RTT�i 2/1,VIZ3 2. BCC Office Board of County Commissioners RL L I (S( 2/2tf/2 3 3. Minutes and Records Clerk of Court's Office ap.00 1,616.41_ PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vivian Rodriguez Phone Number 239-252-8402 Contact/Department Agenda Date Item was February 23,2010 Agenda Item Number 16B1 -Resolution Approved by the BCC 2010-39 Type of Document Agreement—PS 304.07— Number of Original 1 Attached Naples Botanical Garden Documents Attached PO number or account 414-263614-634980 number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on February 23,2010,and all changes made VR during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for the giiittiv Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 .7)6d/).-1-1/a2 2.2 gU 0- , I El PROJECT: Basin 306 Pump Stations PUMP STATION 304 07 FOLIO No.: 61837760002 AGREEMENT THIS UTILITY AND ACCESS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between THE BOTANICAL GARDEN, INC. d/b/a NAPLES BOTANICAL GARDEN, INC., a Florida Not-For-Profit Corporation, (hereinafter referred to as "Owner") whose mailing address is 4820 Bayshore Drive, Suite D, Naples, FL 34112, and 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, (hereinafter referred to as "County"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive Utility and Access Easement ("Easement") for the purpose of constructing, operating, maintaining, and repairing a pump station and related facilities over, under, upon and across the lands described in Exhibit "A" hereinafter referred to as the ("Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via a Utility and Access Easement to County at no cost to the County, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release, or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. INSTR 6368225 OR 6219 PG 400 RECORDED 2/27/2023 3:14 PM PAGES 5 CLERK OF THE CIRCUIT COURT AND COMPTROLLER O COLLIER COUNTY FLORIDA REC$44.00 INDX$1.00 B 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal. State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County. that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County. that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit. proceeding or investigation regarding the generation, storage, treatment. spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court. in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by County. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors. personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises. warranties, or covenants not contained herein. 10. If the Owner holds the Property in the form of a partnership, limited partnership. corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286. Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors. and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286. Florida Statutes.) 1681 11. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: I/ 20'20Z 3 AS TO COUNTY: DATED: 2/2Y/2D1.3 ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA CircuitTot , d Comptroller i pkg. .. (--/-24 ........- ;' ry! . '-``''' "'„, i11 s Deputy Clerk RICK LOCASTRO, Chairman R AS TO OWNER: THE BOTANICAL GARDEN, INC. d/b/a NAPLES BOTANICAL GARDEN, INC., - a Florida Not-For-Profit Corporation 14A itirebs(Signature) c 4(\4-(-Q__ 0(,,.042, Name(Print or Typ ) BY: S DONN MCGI NIS, President Witness( ignature) A Ni i 1.-• S-'cl--Pot2b Name(Print or Type) Ap ov `�sln form..�,nd/legality. Ronald T.Tomasko, /�A Assistant County Attorney ` �aa �� a 1681 -- I N 0 7 Z Z N J OO1-7 O ' Qom}} O w ~N 0 0 W F- W'- -.. 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ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office DPP 31(ou 4. BCC Office Board of County Commissioners t2L 4 iri rl 51 3/Zi f 2 3 5. Minutes and Records Clerk of Court's Office I o vv,r 3-)-1-33 119-1 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. RLG 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the oor Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1661 Project: 51029 Golden Gate City Stormwater Parcel: 207TCE Folio: 36458960009 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of �I�a.- , 20_, by and between CHILD'S PATH, INC., a Florida not for profit corporation, f/k/a, COLLIER CHILD CARE RESOURCES, INC., a Florida not for profit corporation, whose mailing address is 2335 Tamiami Trail North, Suite 504, Naples, FL 34103, (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall CAO 1681 remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: 3�9 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA BY: 1 BY: , Deputy,Clerk RICK LoCASTRO, Chairman cfAEtest as to Chairman's signature only ` 1b81 AS TO OWNER: CHILD'S PATH,INC., a Florida not for DATED: '4'"7 profito Wi Sig ature) RASELL E. BECKNER, Chairman Name (Print or e) r u Witn ss (Signature) ✓✓`jam. Name (Print or Type) App oved as to form and legality: DEREK D. PERRY, E Q. Assistant County Attorney Last Revised 11/14/22 1681 0 W Z N W r o ¢WU 1:-: p U Q o Q W Z V) co J Lr O W Z ONE I LIJ =-p w >. 3Z0CL� Zp o W 0 _>.-0 O d:W Z w z �¢`` csH a Q zQpac > CD 1.- w 2OI Z�30 +� v i i`1 p `-'ZUQ N p� Z vQ) N ~ zoo z-z-� 12 � '�� F01- � N o o �aQUo m o� _j co - z 0 z VI ?WZw W vp W • O � N O mZ5 Lot LU Opp CO LU Qp zzw IX vl'ZU)0oF- �w�v'- -Ic WI v' LL S . Z < Z O-�W op W (oOQz1-F- `1� �W Q a Q N O)NW O-ILLIIOCQ EL0co ¢J WU=0 N 001u.)H_Q dNLo CWW v F-z O WOCONQ w¢In 0Q KWOW co Qp` O�Y LJQW U' W 1-'JLJ H NO C 5 w y 1 V) IIW-�NQUOWCiZ�m Ld 00 OwWapcO �oZ z0 0v. Z o- W In w Z In x W W _ z x a I }. 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V` °'o 0 W Luz - Lu ¢ o \ \w o �0 ui Qww0 - Zz > o 0 CD-mod: a II -Wmr0 �oz ¢ � alJi ZZ- z d o Li 0<r') p=z o ).- � - r a OpO W 0Oz0m ZUO Nr gWQUpLLZ OeeJ - 0w o do CL O 71Q ffQZTTV1��rr1nn0Q VQVQRQVS VI � 7 0 Z 1-UFtlOt -a I- Q a, v O a,w _JQQ 1 Z II-oa a O Q_ 0 W N O 2 O 1- r- wds0:£ - ZZOZ 'Z} 3a0 INN (3) 6acP'd - s}uaweso3 uol}oru}suo0 dwoi\sago}a>Is\f)ulFen ns,000-oZ£OLOZ\OZOZ\sbuP*040\LOswlA\ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 81 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office Ore 3I (z3 4. BCC Office Board of County Commissioners L,fit3 f/ 21 f Z 3 5. Minutes and Records Clerk of Court's Office 1V1 n (r ( 2 f_� 10 7 �i PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. RLG 9. Initials of attorney verifying that the attached document is the version approved by the n BCC,all changes directed by the BCC have been made,and the document is ready for the CO/1 Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 l681 Project: 50238 17th/23rd/Keane Parcel: 88888-182TCE Folio: 45962520007 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of - �Y,>� ✓ , 20 ? by and between CIRIA AGUADO a/k/a CIRIA PADRON VELASQUEZ and ROMAN AGUADO, wife and husband,whose mailing address is 2420 23rd Street SW, Naples, Florida 34117, (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter"the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall CAC 1681 remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of 17th St SW & 23rd St SW @ Keane Ave Culvert Replacement Project 50238 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE -This Agreement is governed and construed in accordance with the laws of the State of Florida. [Signature Page Follows] 1681 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: i� a,.3 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court &Comptroller COLLIER COUNTY, FLORIDA BY: BY: IbL Attest as to Chairman signature only , De uty,'Clerk RICK LoCASTRO, Chairman AS TO OWNER: DATED: oa' a3.• a-oa3 l Witness (Sign re) C IA AGUADO1 rah bvi Icogi Name (Print or Type) Witness (Signature) ROMAN AGUAD'i �Iruc efG� Cf/JAIii 7 Name (Print or Type) A roved as to form and legality: DEREK D. PERRY, ES Assistant County Attorney J ,„47 Last Revised 1/5/23 C) 7 1681 N:\202112021I21\SKETCNE5\21I21 SL 1R34.d,,g 1/24/2023 4:41:14 PM~lolled by TonMurphy 15 30 TE-ROW 182TCE Exhibit A /25/23 1 of 1 30' 1 TRACT 34 GOLDEN GATE ESTATES • 30.0' UNIT NO. 195 ROAD 30.0' EASEMENT P.B. 7, PG. 102 Im ROAD WEST EASEMENT 90.0' PARCEL NO. 45962520007 AGUADO, C. EAST 60.0' NORTH 30.0' - —— — — SOUTH 85.0' 55.0' DRAINAGE EASEMENT KEANE AVE. (UNRECORDED) LEGAL DESCRIPTION: THE EAST 60.0 FEET OF THE WEST 90.0 FEET OF THE NORTH 30.0 FEET OF THE SOUTH 85.0 FEET OF TRACT 34, GOLDEN GATE ESTATES, UNIT NO. 195, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 102, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 1,800.00 SQUARE FEET, MORE OR LESS. HOLE MONIES, INC. CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 ;�.o�"'"j11111ry""'�..,,� •Z`e�MN�6 QAS� `Digitally signed by Tom _ ss2a J r..; Murphy o, STATE OF Date:2023.01.24 msr: FLORIDA �oQ BYT 42:46-05'00' % '••...........• a LS5628 4 0 THOMAS M. MURPHY STATE OF FLORIDA ',,,/Surveyor .' ''""nmmm,,,,, * NOT A SURVEY * DRAWN BY: DATE: 950 Encore BEN/JNH 10/2022 Way DRAWING NO. SHEET✓♦ OF SHEET Pr'? !?"""•, r U Naples, FL. 34110 SKETCH AND LEGAL DESCRIPTION H-2112 1 1 :; • . 1 Phone: (239) 254-2000 PROJECT NO. s: ►fit r x Florida Certificate of 21.121 SEC-TWN-RGE: HOLE MONTES KEANE AVE & 23RD FlLE NAME 19-49-27 =/C,SIM 1,_.:Uhu::W1055ISifl55 Authorization No.1772 21121 SL TR34.61 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 B 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Coun Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 0/ 3,')o L 3 �'/ I l 4. BCC Office Board of County • Commissioners f yni3 Yr 3/)//33 5. Minutes and Records Clerk of Courts Office NI /( 001124 441.4I4 PRIMARY CONTACT INFORMATION {� Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. RLG 9. Initials of attorney verifying that the attached document is the version approved by the e BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 B 1 Project: 51029 Golden Gate City Stormwater Parcel: 264TCE Folio: 36114320006 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this /77H day of rt% , 20._, by and between FARO INTERNATIONAL GROUP, LLC, a Florida limited liability company, whose mailing address is 920 Honeybee Drive, Naples, FL 34120, (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 1 6 B 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: .//2 2- ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA • BY: _, = ' BY: , Deputy Viler RICK LoCASTRO, Chairman Attest as t'e Cha.iirman s. signature only 168 1 . a S TO OWNER: D T\ED: FARO INTERNATIONAL GROUP, LLC Witne4 (Signature) a Florida limited liability company Name (Prir or Type) \ By: Witness (Signature) GABRIEL LVAREZ, Member Name (Print or Type) Ap o ed as to form and legality: 0 D REK D. 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Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 00r 3 rid/2..3 4. BCC Office Board of County Commissioners gI /sf /3I Z5. Minutes and Records Clerk of Court's Office _J! 3 PRIMARY CONTACT INFORMATIO Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. RLG 9. Initials of attorney verifying that the attached document is the version approved by the api BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 169 ; Project: 51029 Golden Gate City Stormwater Parcel: 237TCE Folio: 36307240003 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referr d to as the "Agreement") is made and entered into on this %7 1A day of R� re; , 20'-' by and between FARO INTERNATIONAL GROUP, LLC, a Florida limited liability company, whose mailing address is 920 Honeybee Drive, Naples, FL 34120, (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. I 6 8 1 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: Y7-7,/ ", ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA BY: tt `'`. BY: • Depitti Cie RICK LoCASTRO, Chairman Attest as to Chairman's signature only '-%-` 16 ,B i S TO OWNER: D TED: /0"f oi "1 FARO INTERNATIONAL GROUP, Witne- (Signature) LLC, a Florida limited liability company Name (Pr t or Type) BY: --r- 214--- Witness (Sign ture) GABRIEL AL AREZ, Manager Name (Print or Type) Apr ved as to form and legality: D REK D. 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ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist and forward to the County Attorney Office. Route to Addressee s (List in routing order) Office Initials Date 1. 3. County Attorney Office County Attorney Office oe 111�3 4. BCC Office Board of County J Commissioners RL /S/ y� /Z j 5. Minutes and Records Clerk of Court's Office r ",r� 1. ,(r j d' (Ogrt. PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. RLG 9. Initials of attorney verifying that the attached document is the version approved by the D� BCC,all changes directed by the BCC have been made,and the document is ready for the n Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 168I PROJECT: 99999 - Miscellaneous PARCEL: 510RDUE FOLIO: 39770400008 EASEMENT AGREEMENT ,k THIS AGREEMENT("Agreement") is entered into this /0' day of 47('( , 202�by and between ASHA MANOCHA, a married man, and VIPUL GARG, a married man, whose mailing address is 1415 North Shevlin Court, Sewickley, PA 15143 (collectively, "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o County Attorney's Office, Suite 800, Naples, FL 34112 (the "County"). Recitals: A. Owner owns certain real property in Collier County, Florida, commonly known as Golden Gate Estates, Unit 62, Tract 6. B. The County desires to obtain a perpetual non-exclusive Road Right of Way, Drainage, and Utility Easement (the "Easement") over, under, upon and across a portion of the Owner's property as described in Exhibit"A" attached hereto (the"Property"). C. Owner recognizes the benefit and desires to convey the Easement to the County for the purposes and on the terms and conditions set forth herein, said terms including that no monetary compensation shall be due and payable by the County. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. AGREEMENT TO CONVEY. Owner hereby agrees to convey, and the County hereby agrees to accept the Easement on the terms and conditions set forth in this Agreement. 2. PURPOSE OF EASEMENT. The Easement shall be for road right-of-way, drainage, and utility purposes and includes the right to enter upon and use the Easement Area to a) construct, operate, maintain, repair, replace and remove (i) roadways, driveways, curbs, sidewalks, bike paths, walking trails, bus shelters, lighting, and all structures and other improvements ancillary to any of the foregoing, for use by the general public to the extent same is maintained as such; (ii) canals, ditches, swales, earthen berms, rip-rap, retaining walls and other retaining systems, underground pipes, irrigation lines and other types of water control structures and facilities; and (iii) public utilities and, with the Grantee's prior written consent, private utility facilities including, without limitation, facilities for electricity, gas, communication cables; and b) place, excavate, use, store, plant, remove and dispose of soil, trees, landscaping, and other materials and improvements, including the removal and disposal of any and all property, real and/or personal, not owned by Grantee to the extent it interferes with Grantee's rights hereunder,without liability to the owner of such property; all as deemed necessary or appropriate from time to time by Grantee. 3. CLOSING DATE. Owner's conveyance of the Easement to the County (the"Closing") shall occur within 30 days of the County's receipt of all properly executed Closing Documents (defined below). TIME IS OF THE ESSENCE. The Closing shall take place at the offices of the County's Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104. 4. CLOSING DOCUMENTS. As soon after the parties' execution of this Agreement as is possible, Owner shall deliver the following documents to the County, properly executed and in a form approved by the Collier County Attorney's Office (the "Closing Documents"): 1 CA(' 16BI (a) Road Right of Way, Drainage, and Utility Easement instrument; (b) Affidavit of Title; (c) Evidence of legal authority and capacity of the individual executing this Agreement on behalf of Owner to execute and deliver this Agreement and the Closing Documents; (d) Satisfaction, Partial Release, or Subordination from the holder of each mortgage open of record encumbering the Property; (e) Termination, Partial Release, or Subordination of any leases or rental agreements that encumber the Property; (f) Termination or Subordination of any existing easement that encumbers the Property, if required by the County; (g) and (h) Such other documents as the County or title company deems necessary or appropriate to clear title to the Easement. Following the Closing, Owner shall execute any and all additional documents as may be requested by the County or title company to correct clerical errors, clear title, or otherwise carry out the intent of the parties. 5. CLOSING COSTS. A. County's Closing Costs. At Closing, the County shall pay (i) the recording fees to record the conveyance instruments and any curative instruments required to clear title; and (ii) the cost of an owner's policy of title insurance if the County elects to obtain one. Additionally, the County may elect to pay reasonable costs incurred and/or processing fees required by mortgagees or other lien holders in connection with the delivery of properly executed Satisfaction, Releases, Terminations, or Subordinations of any liens open of record encumbering the Property. The County shall have sole discretion as to what constitutes "reasonable costs and/or processing fees." B. Owner's Closing Costs. At Closing, Owner shall pay all taxes and assessments that are due and payable. 6. GENERAL PROVISIONS. A. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the parties and their respective heirs, executors, personal representatives, successors and permitted assigns. B. Assignment. The parties shall not assign any rights or obligations under this Agreement to a third party without the prior written consent of the other party. C. Entire Agreement. This Agreement constitutes the entire agreement of the parties as pertains to the subject matter hereof, and there are no prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. D. Amendments. All amendments to this Agreement must be in writing and signed by both parties. E. Severability. If any provision of this Agreement is determined to be legally invalid or unenforceable, such provision shall be severed from this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect. F. Governing Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. All disputes arising under this Agreement shall be brought solely in the courts in Collier County, Florida, and the parties hereby agree to said venue. 2 16B1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below, effective as of the date this Agreement is executed by the County. Date: 10 , 20 2 3 OWNER: AS''fLo_ 6,„__E_Lx, ASHA MANOCHA Cf, (-10,C,Ced ciel VIPUL GAR Date: f o/i I /() , 2023 COUNTY: ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court& Comptroller COLLIER COUNTY, FLORIDA (1/25 By. ��i(A,Q.GGI. ID.0 C . By. �DeputyCilerk RICK LoCASTRO, Chairperson Attest•a:to Chairman's •**Vitt onty. 4S iJ ir►.0e iAru• •ved as to f a.• legality: . 1 _. tAWN D D. PERRY, ESQ. w .� Assistant County Attorney `�\1, v\\ Last Revised 2/23/23 3 1 •*• THIS IS NOT A SURVEY ••• Exhibit A TE _ ROW PARCEL 5I0RDUE 1 of 2 SKETCH NOV 7 202? A PORTION OF SECTION 8 TWN 48S RNG 28E PARCEL No. 39770400008 16 B 1 LINE BEARING DISTANCE L1 S 89'40'50" E 25.00' L2 S 45'19'10" W 35.36' L3 N 00'19'10" E 25.00' LOT 7 I , 0 J m a I I J S 89'40'50" E 43 RD AVE NE W - LJJ 50.00' f'.0.C. I 0 0) 0 o ..O.B. LOT ri) 6 LEGEND P.O.C. - POINT OF COMMENCEMENT P.O.B - POINT OF BEGINNING I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF THIS IS NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THIS MAPAPE AND RAISEDS SEAL UOT THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. SIGLICENSED SURVEYOR AND MAPPER. MARK D. MCCLEARY, PSM FLORIDA REGISTRATION No. 6557 �� ,yl 7/7/e FOR COWER COUNTY 44 DATE SIGNED: BOARD OF COUNTY COMMISSIONERS TITLE COWER COUNTY, FLORIDA ROADWAY DRAINAGE UTILITY EASEMENT rr_ TRANSPORTATION ENGINEERING DIVISION tees SOUTH D4104(ESEE) DRIVE n- DATE I PROJ No. 1SHEET 1 of 2 WILE: J NAPL69,FLORIDA S�1W(2.7G)En--SIN ••• THIS IS NOT A SURVEY *4* Exhibit A PARCEL 510RDUE 2 of 2 DESCRIPTION A PORTION OF SECTION 8 TWN 48S RNG 28E PARCEL No.39770400008 1 6 B 1 DESCRIPTION: A PARCEL OF LAND LOCATED IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY FLORIDA BEING PART OF GOLDEN GATE ESTATES, UNIT NO. 62 SUBDIVISION AS RECORDED IN PLAT BOOK 5 AND PAGE 87 OF THE PUBLIC THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. COMMENCING AT THE CENTERLINE OF EVERGLADES BLVD AND 43RD AVE NE AND THE COMMON LOT CORNER OF LOTS 7 & 6 OF SAID PLAT; THENCE S 89°40'50" E ALONG THE CENTERLINE OF 43RD AVE NE A DISTANCE OF 50.00' ; THENCE S 00°19'10" W ALONG THE EASTERN RIGHT OF WAY LINE OF EVERGLADES BLVD (50' RIGHT OF WAY) A DISTANCE OF 30.00' TO THE SOUTHERN RIGHT OF WAY LINE OF 43RD AVE NE AND THE POINT OF BEGINNING; THENCE S 89°40'50" E ALONG SAID SOUTHERN LINE A DISTANCE OF 25.00' ; THENCE S 45°19'10" W A DISTANCE OF 35.36' TO THE EASTERN RIGHT OF WAY LINE OF SAID EVERGLADES BLVD; THENCE N 00°19'10" E ALONG THE EASTERN RIGHT OF WAY LINE OF EVERGLADES BLVD A DISTANCE OF 25.00'THE POINT OF BEGINNING; HAVING AN AREA OF 312.50 SQUARE FEET, 0.007 ACRES I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF THIS IS NOT VAUD WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THIS MAPAPE AND VAUD SEAL OF THE ORIGFLOINAL ADMINISTRATIVE CODE. PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. SIGNIDA UCENSED SURVEYOR AND MAPPER. MARK D. 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Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routingzlines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date � l. 2. 3. County Attorney Office County Attorney Office ^O e �' '�J ZS z3 4. BCC Office Board of County Commissioners Y/OHH l/is/z3 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ronald Thomas Phone Number 252-5861 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 02/23/2010 16 B l Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RT 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RT 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RT 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 and all changes made RT during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the �,^ BCC,all changes directed by the BCC have been made,and the document is ready for the 1y) Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16 13 1 Project: 51029 Golden Gate City Stormwater Parcel: 213TCE Folio: 36458040000 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the"Agreement") is made and entered into on this day of Apt } , 2022,L112-3 by and between ARYN NOEL BIEDERMAN, a single person, whose hiailing address is 5500 29th Place SW, Naples, FL 34116 (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. CA1 16B 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT- Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: /- ��1 /7 /2a z3 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA BY: I ,C • BY: , Deputy Clerk RICK LoCASTRO, Chairman Attest as to Chairman's signAturn nnly. 16 E 1 AS TO OWNER: DATED: AiI E 2-0 Z-3 Witness (Signature) N NO IEDERMAN ' A a t4 t „,� , IA P,v) P Name t or-Typ�) rete Witness (Signature) •rchoo ( c� (1etlle Name (Print or Type) Appr ed as to form and legality: DE K D. PERRY, ES . Assistant County Attorne c0 \A,V. Last Revised 11/14/22 Cb 1681 EXHIBIT A Page 1 of 1 TE-ROW 21 3TCE NOTES: 1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO 12/19/22 BE USED AS ONE. -P.O.C. 2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE 29TH PLACE S.W. NORTHEAST CORNER OF IN FEET AND ARE PROJECTED QNTO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN LOT 1, BLOCK 268, DATUM OF 1983 (NAD83), 2011 ADJUSTMENT. N87°55'43"E 14.0' P.O.B.- GOLDEN GATE UNIT 7 3. BEARINGS SHOWN HEREON ARE BASED ON FIXING THE EAST (PLAT BOOK 5, PAGE 140) LINE OF LOT 1, BLOCK 268, GOLDEN GATE UNIT 7, = N00°06'27"W 23.0' _ WHEREIN SAID EAST LINE BEARS SO0'06'35"E. 4. PARCEL CONTAINS 322 SQUARE FEET, MORE OR LESS. \ \ - r S00 E 60_ -.- 5. P.O.C. = POINT OF COMMENCEMENT __ S87'55'4,37/6.0' 6. P.O.B. = POINT OF BEGINNING o i-- DESCRIBEDPARCEL.-- a7. ORB = OFFICIAL RECQRDS BOOK OF LAND CONTAINS 20'--=--r' I 12'DE& PUE 8, PG = PAGE - __...i 322 SQ.FT.,t 14' (PER PLAT 20 9. P = PLAT 8 rr L---- 10.DE = DRAINAGE EASEMENT I---���--- 11.PUE = PUBLIC UTILITY EASEMENT S00°06'35"E 12. R/W = RIGHT-OF-WAY 23.0' 14. PID FT.3.SQ. PARCEL AIDENTIFICATION NUMBER RE FEET C.,,) 6'DE& PUE S87°55'43"W I p4 (PER PLAT) LOT 1,BLOCK 268 14.0' Digitally GOLDEN GATE UNIT 7 signed by 6'DE&PUE a E PLAT BOOK 5,PAGE 140 - (PER PLAT) — .si:.._;.,,\ Mark A. PID: 36458040000 ——— tn3``. '"""1. Texter ,7', — 5500 29TH PL SW —I------- g.:.I„�. Date: Q A'n ---------------- —I—.— , -- 2022.12.16 E 09:38:36 E a I NOT A SURVEY -05'00' 2 z IATTACHED HEREBY CERTIFYSKETCH, TOWERE THE BEST PREPARED OF MYACCORDANCE KNOWLEDGE 2' I AND BELIEF, THAT THE LEGAL DESCRIPTION AND IN z o 10 20 40 WITH THE APPLICABLE PROVISIONS OF CHAPTER 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT (INTENDED DISPLAY SCALE: 1%40') TO CHAPTER 472, FLORIDA STATUTES. DESCRIPTION THAT PORTION OF OF LOT 1, BLOCK 268, GOLDEN GATE UNIT 7, PLAT BOOK 5, PAGE 140 IN THE PUBLIC RECORDS R OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST. BEING MORE a PARTICULARLY DESCRIBED AS FOLLOWS: MARK A. TEXTER (FOR THE FIRM L.B. 642) o PROFESSIONAL SURVEYOR AND MAPPER y COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1, THENCE RUN S00'06'35"E ALONG THE EAST LINE OF FLORIDA CERTIFICATE NO. 6392 SAID LOT 1 FOR 6.0 FEET; THENCE RUN S87'55'43"W FOR 6.0 FEET TO THE POINT OF BEGINNING. s FROM SAID POINT OF BEGINNING THENCE RUN SOD'06'35"E FOR 23.0 FEET; THENCE RUN S87'55'43"W FOR 14.0 1 DATE SIGNED: aFEET; THENCE RUN NOO'06'27"W FOR 23.0 FEET; THENCE RUN N87'55'43"E FOR 14.0 FEET TO THE POINT OF BEGINNING. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL g RAISED,.SEAL OF A FLORIDA LICENSED SURVEYOR 1 PARCEL OF LAND CONTAINS 322 SQUARE FEET, MORE OR LESS. AND MAPPER. JOHNSON2122ENGINEERING, INC. SKETCH AND DESCRIPTION-PARCEL OF LAND LYING IN GOLDEN GATE CITY-ALIGNMENT B 2122 JOHNSON STREET LOT 1,BLOCK 268,GOLDEN GATE UNIT? TEMPORARY CONSTRUCTION EASEMENT P.O. BOX 1550 SECTION 26,TOWNSHIP 49 SOUTH,RANGE 26 EAST FORT MYERS, FLORIDA 33902-1550 COLLIER COUNTY,FLORIDA FOR STORMWATER IMPROVEMENTS PHONE: (239) 334-0046 ENGINEERING G I N E E R I N G FAX: (239) 334-3661 DATE PROJECT NO. FILE NO. SCALE SHEET COLLIER COUNTY,FLORIDA E.B. #642& LB. #642 12/12/2022 20203244-000 26-49-26 1:40 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routinglines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney _ 6.1 County Attorney's Office 7tOy tI2d?3 2. BCC Office Board of County Commissioners Qc /16fr( ?//O/Z 3 3. Minutes and Records Clerk of Court's Office (( PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vivian Rodriguez Phone Number 239-252-8402 Contact/Depar tinent Agenda Date Item was February 23,2010 Agenda Item Number 16 B 1 Approved by the BCC RESO 2010-39 Type of Document Donation Agreement Number of Original 1 Attached MPS 152.02 Odor Control Unit Documents Attached Village Walk Homeowners Association of Naples,Inc. PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature?Stamp OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the VR N/A document or the final negotiated contract date whichever is applicable. Date of routing has been inserted. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VR gnature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on February 23,2010,and all changes made VR during the meeting have been incorporated in the attached document. The County r ®r Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the • Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Memorandum TO: Minutes& Records Management FROM: Vivian Rodriguez, Real Property Management DATE: April 5, 2023 RE: MPS 152.02 Odor Control Unit Village Walk Homeowners Association of Naples, Inc. This item is being accepted by the BCC under Resolution 2010-39 which was approved on February 23, 2010, Agenda Item 16B1. Please attest to Commissioner LoCastro's signature as Chair on the Donation Agreement. Once attested,please email a copy of the Donation Agreement to me for my files. Kindly contact me if you have any questions or comments at Ext. 8402. Thank you. PROJECT: MPS 152.02 Odor Control Unit Village Walk Homeowners Association of Naples, Inc. DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between VILLAGE WALK HOMEOWNERS ASSOCIATION OF NAPLES, INC., a Florida not-for-profit corporation, (hereinafter referred to as "Owner"), whose mailing address is do KW Property Management Consulting, 3200 Village Walk Circle, Suite 100, Naples, FL 34109, and 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, (hereinafter referred to as "County"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a non-exclusive Utility Easement for the purpose of constructing, operating, installing an odor control unit, and maintaining utility facilities over, under, upon and across the lands described in Exhibit "A" hereinafter referred to as the ("Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via a Utility Easement to County at no cost to the County, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release, or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, 1 release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. To the best of its knowledge, owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by County. 8. The County further agrees that it shall, at the County's sole cost and expense, restore and repair any and all damage caused to Owner's property or improvements to pre- construction conditions as a result of County's use of the "Property." The County shall have the obligation to maintain, repair and replace any and all improvements after installation arising out of or related to the operation of the easement. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 2 ��7 11. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors, and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 12. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the Owner has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: 1-I/10/Z3 AS TO COUNTY: DATED: y//G/a3 F,; ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE CRYSTAL K. KINZEL, Clerk GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD -7 OF THE COLLIER COUNTY WATER-SEWER �r 1 DISTRICT •, k .ril t as to"Chaiirrnan'- i e. '� -' .�r > Laia si nature, ly ,, ,�� BY: ----;2:09 • ,,, RICK LOCASTRO, Chairman AS TO OWNER: DATED: -V7/2--3 VILLAGE WALK HOMEOWNERS ASSOCIATION OF NAPLES, I NC;, a Florida not-for-profit corporation afAi BY: .t 1' 4 / i), ' (1 fitness (Signature) DIANE GREEN KELLY, President / Lures ) Fin e_ Name (Print or Type) Witness (Si nature) Cr, — � � —bc € L Name (Print or Type) Appr 9rll a t form nd legality: pi onald T. Tomasko,Assistant County Attorney 0\I\ 0-3 3 �1�� ti 0 I ,/ NiNs S --77 ,c� d N m o ti qC z ur N t1C/ s*;gom T `� 8s`vfg qA Oq im= g a \ // A r,04 s �g Ads \ / .\ g FO 3 sz 'mo \ / / ,'n H8 ��g a v // ll g ` N` S $ n 4: imi u `� / g : m N • i -8 -i_./.°N 8- 8 E r o£q m \ U / o e' �p1 1 ' O m io r � fi r c. \ IL,'."9 R?g i ci o o no /pF"P/stir\ c,-1*,- ' <Yqy \ ly E Vi GI aOAA�Ayyn�i n PP o 'ac, ,D oL"a� x o m " tl" Ei poi I AWo �x>n y o��ln �z N ��'cc� mm T, o la 1, r1 v .zm.,m C4 yam, .'''A m 4 2. :!A WF�^ 6 n T. v 4 I Vic:p) 3 ^', K k $ L4• mg- >Fj 2I i p T >�'�j - I .iA LA OOgmm(., gJ � q.., �9ii ^I ! ilUI! outIN?1LAOE. t19, lF r am 1 _ - I N N o nT •'Q H szr2 O nO ;§A " 2 O • P. prg cxLn,CT o >:%1: REVISIONS PS 152.02 "I^ �- VILLAGE WALK,PHASE ONE nEl I 0 v°"s ��= SKETCH AND DESCRIPTION COLLIER COUNTY UTILITIES ; 6s. •-:Ll ODOR CONTROL EASEMENT ofO" p''! ��� COLLIER COUNTY, FLORIDA C Q L ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 9 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents arc to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be receive n the County Attorney 0 ffice no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP i/L Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already cot to w i t1 exception of the Chairman's signature,draw a line through routinglines#1 through#2,complete the checklist,and forward to the County Alto y Office. Route to Addressee(s) (List in routing order) Office Initials Date . 2. 3. County Attorney Office County Attorney Office CP? I • 4. BCC Office Board of County Commissioners 4Y rl 3/3//i 3 5. Minutes and Records Clerk of Courts Office /O•,�f AA* -- 5fr12°9 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Craig Brown Phone Number 252-2548 Contact/ Department Agenda Date Item was 2/23/2010 Agenda Item Number See Resolution 2010-39 Approved by the BCC (16.B.1) Type of Document Conservation Easement Number of Original 1 Attached Documents Attached PO number or account 131-138327-649030 number if document is Clerk to email receipt of payment to to be recorded Lucia.Martin@colliercountyfl.gov INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed CRB by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the CRB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CRB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on Z 3//Qdate)and all changes made during the meeting have been incorporated in the attached document. The County 0 n t/ Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16B 1 INSTR 6385281 OR 6232 PG 3920 THIS INSTRUMENT PREPARED BY&RETURN TO: RECORDED 41612023 8:52 AM PAGES 17 NAME: CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA ADDRESS: DOC@.70$0.70 REC $146.00 PARCEL I.D. # SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this /3 71/ day of M. , 20 -LS, by GS NAPLES OWNER, LLC, a Delaware limited liability company, as "Grantor", whose address is 456 Meeting Street, Suite 500, Charleston, South Carolina 29403, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the "parties." WHEREAS, Grantor is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" attached hereto (hereinafter referred to as the "Property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind Grantor; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit"B" (the Easement Property). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. Grantor, its successors, assigns and/or transferees, hereby grants a non- exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing Revised 2/13/2019 1 ACTIVE 685219947v4 JIB I of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 3. Grantor, its successors or assigns, shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. Revised 2/13/2019 2 ACTIVE 685219947v4 a6B 1 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. [Signatures on Following Page] Revised 2/13/2019 3 ACTIVE 685219947v4 6B 1 IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and delivered in the presence of: WITNESSES: GS NAPLES OWNER, LLC, a Delaware limited liability company P:41.-reyf Pr4A ( Name: s 'cr tt nave_ Name:Ana Pedrajo Title: Vice President Printed Name: A j,i ;7u&d STATE OF FLORIDA ) COUNTY OF `�r I ) The fore ng instrument was subscribed, sworn and acknowled ebefore me by means of physical presence or ❑ online notarization, this ID day of IPA WI , 2023, by Ana Pedrajo, as Vice Pre ' ent of GS Naples Owner, LLC, a Delaware limited liability company, and who is VT personally known to me or [ ] who produced as identification. n peCLXCA1C9 �; NOTA ,, Printed Name:LICK_ 1 Y 1 My Commission Expires: Notary Public State of Fleri4a Aft Ana PatriciiiDe Zayas giciM My Commission HH 3145t7 Expires '121/2026 Revised 2/13/2019 4 ACTIVE 685219947v4 I 6 B 1 Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL f<.KIN'ZEL,'CLERK COLLIER COUNTY, FLORIDA By: BY* Deputy.Clerk Rick L.Castr• , Chairperson Attest as to ehairrnan signature only Approve. as o for a • le ty: J ' i Derek D. Perry Assistant County Attorney CP\1 1-ENS-00442\4 Revised 2/13/2019 5 ACTIVE 685219947v4 l6B 1 JOINDER OF MORTGAGEE CENTENNIAL BANK, an Arkansas state banking corporation, as mortgagee under that certain Mortgage, Security Agreement, Financing Statement and Assignment of Rents dated as of January 25, 2023 and recorded on January 30, 2023 as Instrument No. 6356320 of the Public Records of Collier County, Florida, hereby consents to the terms, conditions, easements and provisions of the foregoing Conservation Easement (the "Conservation Easement") and the recordation thereof. Executed as of the day and year of the Conservation Easement. CENTENNIAL BANK By: `�' — ------- Name: Tyrone Shinn Title: Market President Southwest Florida STATE OF t o AA ) SS: COUNTY OF c � ) The foregoing instrument was acknowledged before me by means ore<physical presence or ❑ online notarization, this 1 /" day of KikaCiek , 202 by Tyrone Shinn, Market President Southwest Florida of CENTENNIAL BANK an Arkansas state banking corporation, on behalf of said entity. i�/she is ersonally known to mor produced a identification_ 14J Notary Public, State of /o A My commission expires: I d a I a- .... JORGE LUIS CASTELLANOS I Commission No. lA 3 a s o 1 a- ' f ys`t., kitty Public-Stete of Florida . T�` mmission✓<HM 325012 `•..•osn4' My Comm.Expires Oct 24,2026 Bonded through National Notary Assn. ameemeimmeemwmemie Revised 2/13/2019 6 ACTIVE 685219947v2 I 6 B 1 EXHIBIT A LEGAL DESCRIPTION OF OWNER'S PROPERTY [ATTACH APPROPRIATE LEGAL DESCRIPTION] PARCEL ONE: The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 16, Township 50 South, Range 26 East, Collier County, Florida, less the South thirty (30) feet and the East thirty (30) feet thereof reserved for road right-of-way. PARCEL TWO: The East 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 16, Township 50 South, Range 26 East, Collier County, Florida, reserving therefrom the North thirty (30) feet and the East thirty (30) feet for road right-of-way; and The East 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 16, Township 50 South, Range 26 East, Collier County, Florida, reserving therefrom the North thirty (30) feet and the East thirty (30) feet for road right-of-way. PARCEL THREE: The South 1/2 of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4, Section 9, Township 50 South, Range 26 East, Collier County, Florida. PARCEL FOUR : The West 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Northwest 1/4, less the South 30 feet thereof; and the West 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Northwest 1/4, LESS the North 30 feet thereof; and the West 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4, less the South 30 feet thereof, all in Section 16, Township 50 South, Range 26 East, Collier County, Florida. LESS those portions, rights or interests described by the Order of Taking running in favor of Collier County, Florida and recorded in the Public Records of Collier County in ORB 4342 pages 3969-3985 and the Order of Taking recorded in the Public Records if Collier County at ORB 5109, pages 3087-3092. Revised 2/13/2019 7 ACTIVE 685219947v4 16B 1 EXHIBIT B LEGAL DESCRIPTION OF EASEMENT PROPERTY [ATTACH APPROPRIATE LEGAL DESCRIPTION AND SKETCH] Revised 2/13/2019 8 ACTIVE 685219947v4 16B SKETCH AND DESCRIPTION OF PRESERVE AREA IN THE WEST 1/2 OF THE SOUTHWEST 1/4, OF THE NORTHWEST 1/4, OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH RANGE 26 EAST; COLLIER COUNTY, FLORIDA EXHIBIT B Parcel 1 - 0.630 acres LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE WEST 1/2 OF THE SW 1/4 OF THE NW 1/4 OF THE NW 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: COMMENCING AT THE NORTHWEST CORNER OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST. THENCE SOUTH 00'10'15" WEST FOR 694.41 FEET; THENCE SOUTH 89'23'08" EAST FOR 66.75 FEET TO THE SOUTH RIGHT—OF—WAY LINE OF WHITAKER ROAD AND THE POINT OF BEGINNING. THENCE SOUTH 89'20'04" EAST FOR 107.49 FEET THENCE SOUTH 28'52'40" EAST FOR 22.81 FEET; THENCE SOUTH 07'58'27" WEST FOR 19.42 FEET; THENCE SOUTH 26'54'59" WEST; FOR A DISTANCE OF 28.89 FEET. THENCE SOUTH 12'19'34" WEST FOR 34.24 FEET; THENCE SOUTH 11'53'27" EAST FOR 29.87 FEET; THENCE SOUTH 46'37'42" EAST FOR 48.16 FEET; THENCE SOUTH 44'03'15" EAST FOR 23.22 FEET; THENCE SOUTH 08'25'47" EAST FOR 20.99 FEET; THENCE SOUTH 35'49'24" WEST FOR 37.47 FEET; THENCE SOUTH 87'02'35" WEST FOR 22.34 FEET; THENCE NORTH 81'19'49" WEST FOR 22.96 FEET; THENCE NORTH 69'44'26" WEST FOR 26.65 FEET; THENCE SOUTH 81'O1'55" WEST FOR 14.80 FEET; THENCE SOUTH 59'58'41" WEST FOR 28.44 FEET; THENCE SOUTH 76'21'40" WEST FOR 26.08 FEET TO THE EAST RIGHT—OF—WAY LINE OF SANTA BARBARA BOULEVARD; THENCE NORTH 00'10'15" EAST FOR 240.95 FEET TO THE POINT OF BEGINNING. CONTAINING 27,447 SQUARE FEET (0.630 ACRES) MORE OR LESS. BEARINGS SHOWN HEREON ARE GRID BEARINGS BASED UPON THE NORTH AMERICAN DATUM OF 1983, 2011 ADJUSTMENT (NAD83/NSRS 2011) FLORIDA EAST ZONE. o`g�`THFEL' p''. O91�.ti0 No.�74 : _ —9: STATE OFF— •m frocisre''• .LOR10P•' ' ' 'e�SN u,O,,,,, **NOT A BOUNDARY SURVEY:: SHEET 1 OF 2 COMO MIS MAP PREPARED BY: JAA S C CN, M N/., OM ww Oa.Mal „Nam`� I MMIF'ED TO a I�I °a.Sm.m.°ma 3Rx a19-505 RR1fIUlE a unRwumx xo.u eee „_ T ••suss'•'�^' C H V A '��°*-�01° i°,`V"a'^ CS NAPLES OWNER, LLC MOT µum wnmur nc sxx"nnE ' /'�?R D SLu ff A iLMOA «jai r A Move«ra.`K....NosD'/a e.m e..e..>..a � .,, FLORIDA ism suw�m�MMpm o��u�:o:s"'®' __ v p°` 1 OF 2 16B SKETCH AND DESCRIPTION OF PRESERVE AREA IN THE WEST 1/2 OF THE SOUTHWEST 1/4, OF THE NORTHWEST 1/4, OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP SO SOUT I RANGE 26 FAST; COLLIER COUNTY, FLORIDA EXHIBIT B Parcel 1 - 0.630 acres POINT OF COMMENCEMENT NORTHWEST CORNER OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, 0') S:. o �___ GRAPHIC SCALE 25 50 0 WIITAI<ER ROAD cn SOUTH RIGHT-OF-WAY ( IN FEET ) L15 f WHITAKER ROAD • 1 inch = 50 ft. L16 :\\_POINT OF BEGINNING co LINE TABLE LINE BEARING DISTANCE --,1L 15 N89'23'08"W 66.75' L16 589'20'04'E 107.49' N� _ L17 S28'52'40"E 22.81' L18 S0T58'27'W 19.42' COI L 19 S26'54'59"W 28.89' ) L20 S 12'19'34"W 34.24' , 1221 V L21 S11.53'27"E _ 29.87' L22 S46.37'42"E 48.16' i ca) cS L23 S44'03'15"E 23.22' N L24 S08'25'47'E 20.99' W N L25 S35'49'24"W 37.47' L26 S87.02'35'W 22.34' ` L27 N81'19'49"W 22.96' _2- PRESERVE AM L28 N69.44'26"W 26.65' 0 K L29 S81'01'55"W 14.80' o PARCEL 4 (SOUTH) �7--' L30 S59'58'41"W 28.44' z L31 S76'21'40"W 26.08' EAST RIGHT-OF-WAY r',j, ./— r SANTA BARBARA BOULEVARD IV L29 •, ,.0 oCHAEI. _,, 5 5� 8 L27 L26 � .e 1Flrr,9j. l' � i Q G No.6074 Z L3 -•• STATE OF I,- e 6 O ,,S **NOT A BOUNDARY SURVEY** SHEET 2 OF 2 MIS MAP PREPARED BY: JA S C IXJ. M /q1q RC COAMO 010•w.11*1.11 Z CERIIM)TO: a'"�' Mee#liMA xbM.1MD 9—S�J mua a xunaqunan Ro.,n sees �+^"R s, •- C H _ OR A °® - GS NAPLES OWNER, LLC �Roi Darr Sri 6)7MD .,gyms n/uovv«m Jti.�..r�o sova 02/23/uc w¢ <..a,._,.... ...e..FLOR�D� RR HI1 M6. ura,sn maDcme rxo MwgR - az/z/zou ""`" - . �i:°` 2 OF 2 _16._ I SKETCH AND DESCRIPTION OF PRESERVE AREA IN TIE WEST 1// OF THE NORTHWEST 1/4, OF TIE NORTHWEST 1/4, OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP SO SOUTIi RANGE 26 EAST, COLLIER COUNTY FLORIDA EXHIBIT B Parcel 2 - 1.045 acres LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE WEST 1/2 OF THE NW 1/4 OF THE NW 1/4 OF THE NW 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST. THENCE SOUTH 89'37'O 1" EAST FOR 22.47 FEET TO THE EAST RIGHT—OF—WAY LINE OF SANTA BARBARA BOULEVARD; THENCE 151.53 FEET ALONG THE ARC OF A NON—TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 3082.00 FEET, A CENTRAL ANGLE OF 02'49'01" AND A CHORD BEARING SOUTH 07'14'00" EAST FOR 151.51 FEET TO THE POINT OF THE BEGINNING. THENCE NORTH 07'47'36" EAST FOR 83.32 FEET; THENCE NORTH 8730'41" EAST FOR 138.48 FEET• THENCE SOUTH 89'24'32" EAST FOR 91.95 FEET; THENCE SOUTH 01'34'10" EAST FOR 7.20 FEET; THENCE SOUTH 37'46'26" WEST FOR 17.28 FEET; THENCE SOUTH 76'1 1'22" WEST FOR 26.95; THENCE SOUTH 55'10'23" WEST FOR 39.81; THENCE SOUTH 44'35'30" WEST FOR 56.50 FEET; THENCE SOUTH 45'25'54' WEST FOR 30.03 FEET; THENCE SOUTH 28'26'47" WEST FOR 24.26 FEET; THENCE SOUTH 03'30'29" WEST FOR 24.34 FEET; THENCE SOUTH 32'36'59" EAST FOR 27.09 FEET; THENCE SOUTH 62'16'02" EAST FOR 34.13 FEET; THENCE SOUTH 73'57'48" EAST FOR 50.66; THENCE SOUTH 57'18'43" EAST FOR 24.50 FEET; THENCE SOUTH 24'38'50" EAST FOR 23.51 FEET; THENCE SOUTH 00'04'45" WEST FOR 23.57 FEET; THENCE SOUTH 46'37'26" WEST FOR 32.08 FEET; THENCE SOUTH 77'51'42" WEST FOR 46.41 FEET; THENCE SOUTH 8729'43" WEST FOR 26.43 FEET; THENCE NORTH 7728'54" WEST FOR 57.99; THENCE NORTH 66'26'42" WEST FOR 33.75 FEET; THENCE NORTH 62'05'57" WEST FOR 30.30 FEET TO THE EAST RIGHT—OF—WAY LINE OF SANTA BARBARA BOULEVARD; THENCE 173.41 FEET ALONG THE ARC OF A NON—TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 3082.00 FEET, A CENTRAL ANGLE OF 03'13'25" AND CHORD BEARING NORTH 04'12'47" WEST FOR 173.38 FEET TO THE POINT OF A BEGINNING. CONTAINING 45,522 SQUARE FEET (1.045 ACRES) MORE OR LESS. BEARINGS SHOWN HEREON ARE GRID BEARINGS BASED UPON THE NORTH AMERICAN DATUM OF 1983, 2011 ADJUSTMENT (NAD83/NSRS 2011) FLORIDA EAST ZONE. ,E,uuu',,,, cv.G�� q j2Q ':' No.6074 - : STATE OF :4.• • QQ. o� •. ORIOP.•'•�`.` .veoc ....1 **NOT A BOUNDARY SURVEY:: SHEET 1 OF 3 THIS MAP PREPARED BY: JAMES M.CON ON, Al uK 4rt I II w 11*NNixa CERTIFIED 111 CORMAN v AIMHORMAnoN NO.u NM oibim remou,zN •• CHY ''a1��.' .." - GS NAPLES OWNER, LLC 19-505 HOT Yµ AMOR THE 9CNATAE _ n" um�ninN.�mR'µo yAFPER e� w Now.,na.JKm:ho eo>a o�N�/xo 1 OF 3 . - 1 SKETCH AND DESCRIPTION OF PRESERVE AREA IN TIE WEST 1/2 OF TIE NORTHWEST 1/4, OF THE NORTHWEST 1/4, OF TIE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP SO SOUTI-L RANGE 26 EAST, COLLIER COUNTY, FLORIDA EXHIBIT B Parcel 2 - 1.045 acres / POINT OF COMMENCEMENT NORTHWEST CORNER OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, L32 } 40' DRAINAGE NON—EXCLUSIVE EASEMENT ACCESS, DRAINAGE O.R. 4342 P.G. 3969 AND MAINTENANCE EASEMENT O.R. 4342 P.G. 3969 f N87'30'41"E 138.48' F—J S89'24'32'E 91.95' NON—EXCLUSIVE c? r ��°c L33 DRAINAGE EASEMENT 1_35 O.R. 4342 P.G 3969 h L W (o N POINT OF BEGINNING ,5'1 ip i5 \ PRESERVE AREA x PARCEL 4 (NORTH) x 0 v GRAPHIC SCALE 0 25 50 N lg ( IN FEET ) 0 EAST RIGHT—OF—WAY ? 1 inch = 50 ft. aSANTA BARBARA BOULEVARD L43 ge.,,,, SIP cr / J `s2 ttt,t1t1111//F, .` 5�'TiFi CO '% S'7 Qk.G,No.6o7ar`�?o�" I L50 L48 r.py STATE OF �r L49 e 4r . 'Its?'S urve;O``,.%. **NOT A BOUNDARY SURVEY** SHEET 2 OF 3 T1115 MAP PREPARED BY: JAMES C ON. M �� �1 vw l�ti CERTIFIED TO: ... CEATFICATE OF AUT1wRIAnOx No..ens ' �2 AN .m ar CH IA erAe. iaw GS NAPLES OWNER, LLC 19-505 NOT Vµ MTNOUT ME SMARM of/bi203] iLH IIfEffO SIAR2KU A Pru ]EA "'" "'' ".'''L'cens'''' '03/O/20"J R .om .uFLORIDA n� 2 OF 3 16B. _ 1 "if, SKETCH AND DESCRIPTION OF PRESERVE AREA IN THE WEST 1/2 OF THE NORTHWEST 1/4, OF THE NORTHWEST 1/4, OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP SO SOUTH RANGE 26 FAST, COLLIER COUNTY, FLORIDA CURVE TABLE CURVE DELTA RADIUS ARC CHORD BEARING _ CHORD C 1 2'49'01" 3082.00' 151.53' S07'14'00"E 151.51' C2 3'13'25" 3082.00' 173.41' N04'12'47"W 173.38' LINE TABLE LINE BEARING DISTANCE L32 N89'37'01"W 22.47' L33 SO1'34'10"E 7.20 L34 S37'46'26"W 17.28' L35 S 76'11'22"W 26.95' L36 S55'1 0'23"W 39.81' L37 S44'35'30"W 56.50' L38 S45'25'54"W 30.03' L39 S28'26'47'W 24.26' L40 SO3'30'29"W 24.34' L41 S32'36'59'E 27.09' L42 S62'16'02'E 34.13' L43 S73'57'48'E 50.66' L44 S57'18'43"E 24.50' L45 S24'38'50"E 23.51' L46 S00'04'45"W 23.57' L47 S46'37'26"W 32.08' L48 S77'51'42"W 46.41' L49 S87'29'43"W 26.43' L50 N7728'54"W 57.99' L51 N66'26'42"W 33.75' L52 N6205'57"W 30.30' L,,,,,,,,,,,,,,, :•`s'co``,�\THE C.L. ct ','. 4';. _'; No 6074 .ZL =.' • STATE OF i,= 7. *.. •m e ' 4r O z:NOT A BOUNDARY SURVEY:: ' SHEET 3 OF 3 CERTHIS MAP PREPARED BY: J r.-C ON, M zi ,0,py ., CH `��q- — GS NAPLES T0: 1 �+ IE Of Audaeumn NM u erg hr.- GS OWNER, LLC 19-505 ROL VAUD otwur ME 9MIATAE 0/.v,n, R w�An-Maws u�� q F µRCM.. a.a Si..«p Mepps na�c«,�rwe0�a o�rol/zaz.� "�o R .....'. .,.FLORIDA A'"' —3-OF 3 1 � 8 1 SKETCH AND DESCRIPTION OF PRESERVE AREA IN THE WEST 1/2 OF THE SOUTHWEST 1/4, OF THE NORTHWEST 1/4, OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP SO SOUTH RANGE 26 FAST, COLLIER COUNTY FLORIDA EXHIBIT B Parcel 3 - 0.688 acres LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE WEST 1/2 OF THE SW 1/4 OF THE NW 1/4 OF THE NW 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: COMMENCING AT THE NORTHWEST CORNER OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST. THENCE SOUTH 00'10'15" WEST; A DISTANCE OF 1,328.93 FEET. THENCE SOUTH 89'21'44" EAST; A DISTANCE OF 56.75 FEET TO THE EASTERLY RIGHT—OF—WAY OF SANTA BARBARA BOULEVARD TO THE POINT OF BEGINNING. THENCE ALONG SAID RIGHT—OF—WAY NORTH OO'10'15" EAST FOR 240.45 FEET; THENCE SOUTH 33'23'01" EAST FOR 22.67 FEET; THENCE SOUTH 88'15'54" EAST FOR 19.90 FEET; THENCE NORTH 5 7'31'35" EAST FOR 31.68 FEET; THENCE NORTH 88'18'12" EAST FOR 36.16 FEET,' THENCE SOUTH 61'57'03" EAST FOR 23.23 FEET; THENCE SOUTH 27'21'05" EAST FOR 62.59; THENCE SOUTH 19°37'43" EAST FOR 23.33 FEET,' THENCE SOUTH 01°12'19" EAST FOR 23.32 FEET; THENCE SOUTH 31'23'45" WEST FOR 43.82 FEET; THENCE SOUTH 28'13'43" WEST FOR 41.08 FEET; THENCE SOUTH 14'30'34" WEST FOR 28.10 FEET; THENCE SOUTH 10'40'09" EAST FOR 28.13 FEET TO THE SOUTH LINE OF PARCEL 4; THENCE NORTH 89'20'43" WEST FOR 109.47 FEET TO THE POINT OF BEGINNING. CONTAINING 29,984 SQUARE FEET (0.688 ACRES) MORE OR LESS. BEARINGS SHOWN HEREON ARE GRID BEARINGS BASED UPON THE NORTH AMERICAN DATUM OF 1983, 2011 ADJUSTMENT (NAD83/NSRS 2011) FLORIDA EAST ZONE. ��•.GARsineq }• No 6074 .Z• gip: STATE OF - • '9�ei•F,ORIO P•'• •�:� 0A`,,� **NOT A BOUNDARY SURVEY** SHEET 1 OF 2 jjjjjj BY: JN S C ON, ]i664 9c.5]�/ i CERTIFIED TO: �'` s:w fir.,iriaa .u MB J ^••••° `r H N �'0!''0� '� GS NAPLES OWNER.LcARM 01/00ZJ ~� �wM-4sn Rxwtm .•^m w,.w•n no rw. K...rv°.soTa oz/z3/zon '•o o.s ._ ..:...FLORIDIS N/ j 1 OF 2 tea__ 1 ;, SKETCH AND DESCRIPTION OF PRESERVE AREA IN THE WEST 1/2 OF THE SOUTHWEST 1/4, OF THE NORTHWEST 1/4, OF TIE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP SO SOUTII RANGE 26 EgST, COLLIER COUNTY, FLORIDA EXHIBIT B Parcel 3 - 0.688 acres LINE TABLE LINE BEARING DISTANCE \ L 1 S89'21'44"E 56.75' POINT OF COMMENCEMENT L2 N33'23'01"W 22.67' NORTHWEST CORNER OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, L3 N88'15'54"W 19.90' L4 S57'31'35"W 31.68' L5 S88'18'12"W 36.16' L6 N61'57'03"W 23.23' L7 N2721'05"W 62.59' L8 N 19'37'43"W 23.33' L9 NO1'12'19"W 23.32' L 10 N31'23'45'E 43.82' L 11 N28'13'43"E 41.08' �� L5 6 L12 N 14'30'34"E 28.10' L3 ,/, L 13 N 10'40'09"W 28.13' "� L 14 S89'20'43'E 109.47' . co _1 /—t EAST RIGHT-OF-WAY SANTA BARBARA BOULEVARD o O o tea, 0 (f' lo PRESERVE AREA i , PARCEL 4 (SOUTH) r- N N Ni o R 'Q o GRAPHIC SCALE N N, O 25 50 rrww v1 ( IN FEET ) 1 inch = 50 ft. 7- tillu 111 e,, L1 L 14 ` �yGeEtTI,,,,9 ,,,yO.,�' Q' No.6074 Z POINT OF BEGINNING SOUTH LINE '•• STATE OF ••_ OF PARCEL 4 :m': iQ 47 ��sre�''PCOR1OT'- ;e7 i s b. 0� ,,'lf�S erveio►►►`,` **NOT A BOUNDARY SURVEY:: SHEET 2 OF 2 R115 MAP PREPARED BY: JA S C ON. M 2ieso s"usa uNNN so' °'^LI*I*Awl z - CERTIFIED TO: m XT s°'1'�n,oag OpD 19-505 rumaa OF wmcpznNON NO u NM V ^^^°'R ^ C H '„�,,, 47 CS NAPLES OWNER, LLC ,R, NOT µun SCHOOL DE WALLAS 111 /wnoz� ,a.wa,. o SE..OF A M!M ''''w p op«%'"'""e''' " - ^.FLORiFm 2�OF 2 Mm1sm SJA.0N MO MUNrn O:nO/io:O �,•m '�,.'•." N/• 1 . . : 1 SKETCH AND DESCRIPTION OF PRESERVE AREA IN THE SOUTH 1/2 OF THE SOUTHWEST 1/4, OF THE SOUTHWEST 1/4, OF THE SOUTHWEST 1/4 OF SECTION 9, TOWNSHIP SO SOUTIL RANGE 26 EAST, COLLIER COUNTY FLORIDA EXHIBIT B Parcel 4 - 4.576 acres LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: COMMENCING AT THE NORTHWEST CORNER OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST. THENCE SOUTH 89'30'43" EAST FOR 40.49 FEET; THENCE NORTH 08'39'57" WEST FOR 13.48 FEET TO THE SOUTHWEST CORNER OF PARCEL 3 AND TO THE POINT OF BEGINNING. THENCE NORTH 08'39'57" WEST FOR 86.09 FEET; THENCE 245.92 FEET ALONG THE ARC OF A NON—TANGENT CURVE CONCAVE TO THE EAST HABING A RADIUS OF 2900.00 FEET, A CENTRAL ANGLE OF 04'51'31" AND A CHORD BEARING NORTH 06'14'1 1" WEST FOR 245.85 FEET. THENCE SOUTH 89'29'12" EAST FOR 620.15 FEET; THENCE SOUTH 00'50'23" EAST FOR 343.36; THENCE NORTH 89'24'18" WEST FOR 35.67 FEET; THENCE NORTH 39'18'02" EAST FOR 9.30 FEET; THENCE NORTH 05'16'57" WEST FOR 8.07 FEET; THENCE NORTH 89'36'33" WEST FOR 554.97 FEET TO THE POINT OF BEGINNING. CONTAINING 199,360 SQUARE FEET (4.576 ACRES) MORE OR LESS. BEARINGS SHOWN HEREON ARE GRID BEARINGS BASED UPON THE NORTH AMERICAN DATUM OF 1983, 2011 ADJUSTMENT (NAD83/NSRS 2011) FLORIDA EAST ZONE. `,, ,,,a u,,,, ▪ -3 No.6074 ;2 =p: STATE • OF▪ • :�_ 'sofa;•. ,ctOR1?. ::'",•`: **NOT A BOUNDARY SURVEY** SHEET 1 OF 2 THIS MAP PREPARED El, JA S C ON, M ,...K y „/,"" wwl ft..1:7 iMr: CER7IFlED TO: s.w soM1a..RM6 saa m19-505 anznw.c a.LnwiezAnon Ro.u mec miwizozy C H I ,,�.� °® GS NAPLES OWNER, LLC , wiRwr mz swAnnEnR �,+�. o'I 6Aan: 9... 0,y..,wa...-%—x."- 171711 "' e..a. c.FIORIDA 1 OF 2 uarsn suR�crw.wo uroocR - oz/zy/zozy "�" � „'� 16B 1 SKETCH AND DESCRIPTION OF PRESERVE AREA IN TIE SOUTH 1/2 OF THE SOUTHWEST 1/4, OF HE SOUTHWEST 1/4, OF THE SOUTHWEST 1/4 OF SECTION 9, TOWNSHIP SO SOUTI-L RANGE 26 FAST, COLLIER COUNTY, FLORIDA ,,,"N I ll,a,,I EXHIBIT B NN%N:NI\ HAE4. �'•,,�� Parcel 4 - 4.576 acres �5'��T�F'cgr°ti F••.o -,; No. ;Z _p; STATE OF ;�- ''•�0�e••.ORIO�'•,'4''' a 2 GRAPHIC SCALE 0 50 100 O.R. BOOK 5604, PAGE 986 ( IN FEET ) 1 inch = 100 ft. S89'29'12"E 620.15' EAST RIGHT-OF-WAY 30'INGRESS AND SANTA BARBARA BOULEVARD EGRESS EASEMENT f (O.R. ROOK 621,PACE 196) I n W O I PRESERVE AREA N PAR C EL 3 rri (.4 w 01 a POINT OF COMMENCEMENT NORTHWEST CORNER OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, r ? 40.0'DRAINAGE EASEMENT O.R. 4342 P.G.3969 U W N89'36'33" 554.97' -,4L53 NON—EXCLUSIVE L 55 ACCESS,DRAINAGE hip AND MAINTENANCE EASEMENT PARCEL 1 OR. 4342 P.G 3969 _ THE EAST 1/2 OF NORTHWEST 1/4 OF I NORTHWEST 1/4 OF NORTHWEST 1/4 OF _____-________ SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST - } PARCEL 4 NON-EXCLUSIVE I I THE WEST 1/2 OF NORTHWEST 1/4 OF LINE TABLE DRAINAGE EASEMENT OF NORTHWEST 1/4 OF NORTHWEST 1/4 OF LINE BEARING DISTANCE O.R. 4342 P.G. 3969 SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST II L53 S89'30'43'E 40.49' L54 NO8'39'57"W 86.09' CURVE TABLE L55 N89'24'18"W 35.67' CURVE DELTA RADIUS ARC CHORD BEARING CHORD L56 N39'18'02"E 9.30' C3 4'51'31" 2900.00' 245.92' SO6'14'1 1"E 245.85' L57 N05'16'57"W 8.07' **NOT A BOUNDARY SURVEY** SLEET 2 OF 2 .- THIS MAP PREPARED BY: JAMES M.CO ON. M ,•_ d•I Rab RaM Rs!>< CERTIFlED TO: °°'d' RRTFIGIE M A P RZATUR x0.N MM aw.o.rt. n Mb A'NlO�! - ,pr,�wnaur m,A [//,yy—p�sy�-S�,,' 0,/w/mzR '� CH GS NAPLES OWNER, LLC 19-505 AD SEA F A FLORIDA .'o•m s.»w '''.'""m^"" a m e.s 9...,. .....FLORI DA rm na um MM9m oz/:s/znz0 `� M/. 2 OF 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 3. County Attorney Office County Attorney Office DDf/mom 12 f 2'3 4. BCC Office Board of County Commissioners AL t, nt' f 31512'5 5. Minutes and Records Clerk of Court's Office n C 50 PRIMARY CONTACT INFORMATION I V l J Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ronald Thomas Phone Number 252-5861 Contact/ Department Transportation Engineering-ROW Agenda Date Item was RES 2010-39 02/23/2010 Agenda Item Number 16.B.1 Approved by the BCC Type of Document Subordination of Utility Interests Number of Original 1 Attached Documents Attached PO number or account 312-163615 number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RT 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the RT document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's RT signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip RT should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 and all changes made during the meeting have been incorporated in the attached document. The County Dpe'0 Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Dor kip Chairman's signature. L Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 PROJECT: CTS- Siena Lakes PARCEL: 134RDUE FOLIO: Portion of 00235480000 SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this i.; day of 114� C� , 2025 by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"), and COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC, a Delaware limited liability company, 7201 North Federal Highway, Boca Raton, FL 33487, Attn:Xfinity Communities, it successors and assigns(hereinafter referred to as"Utility"). WITNESSETH: WHEREAS, the Utility has an interest in that certain tract or parcel of land lying and being in Collier County, Florida, more particularly described and set forth in Exhibit "A" attached hereto and made a part hereof(hereinafter referred to as the"Property"): and WHEREAS, the County has determined that this Property is suitable and appropriate for road right of way,sidewalk,utility,drainage and maintenance purposes;and WHEREAS, the County's proposed use of the Property for road right of way, sidewalk,utility,drainage and maintenance requires the subordination of the interest in the Property by the Utility to the County; and WHEREAS, the Utility is desirous of consenting to the subordination and the relocation of its facilities within the Property, if necessary; and WHEREAS the County is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained; NOW,THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Utility and County hereby agree as follows: 1. The Utility hereby subordinates any and all of its interest in the Property (SEE EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors and assigns, for the purpose of constructing, improving, maintaining and operating road right of way, sidewalk, utility, drainage and maintenance over, under, through, upon, and/or across said Property, including, but not limited to the claim of interest based upon the following: NATURE OF ENCUMBRANCE DATE RECORDED BOOK,PAGE Grant of Easement 02/08/2020 OR Book 5888,Page 2227 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and/or relocate its facilities within and upon the Property in accordance with the County's minimum standards for such facilities. Any construction or relocation of facilities within the Property will be subject to prior approval by the County. If the County requires the Utility to alter, adjust, or relocate its facilities from or within the Property, the County shall give the Utility 90 (ninety) days'written notice to do so and hereby agrees to pay the reasonable cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 3. The Utility shall have a reasonable right to enter upon the Property for the purposes outlined in paragraph 2 above, including the right to trim such trees, brush,and growth which may endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 4. The Utility shall repair any damage to the County's facilities resulting from the exercise of its rights as outlined in paragraphs 2 and 3 above. 5. These terms and conditions shall be attached as an addendum to that permit, if any, required by the County for location of the Utility's facilities within the Property. 6. This Agreement shall be assignable only to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. ATTEST: BOARD OF COU MMISSIONERS DWIGHT E. BROCK, Clerk COLLIER C TY, FL I E( BY: J/ -4- , Deputy Clerk Rick LoCastro, Chairman Signed,sealed and delivered COMCAST CABLE COMMUNICATIONS in our presence as witnesses: MANAGEMENT, LLC, a Delaware limited liability company d ^— /tik By: COMCAST CABLE COMMUNICATIONS, TNESS (Signature) LLC, a Delaware limited liability company, its Name:SA/Nir�. ��e(Yeec., Manager/Member (Print r Type) By: COMCAST HOLDINGS CORPORATION, a Pennsylvania corporation, its Manager/Member WI ESS*CO($ilahatur By C1 Name: ` '�'�^'"� (N `i ll/ (Print or Type) (Title) ATTEST: R� CR AL K KINZ€L, .eputy Clerk Attest as to Chairman's signature only COMCAST SUBORDINATION OF UTILITIES Last Revised 05/28/2020 0 STATE OF qo(U ft)_ COUNTY OF }t, The for oin Subordination of Utility Interests was acknowledged before me by means of hysical presence or D onli a ngtarization this �01t-'" day of 2021, by ] u�— 3-Y -1i"' . (Name), as ES VP (Title), of COMCAST HOLDINGS, INC., a Pe Es corporation, as Manager/Member of COMCAST CABLE COMMUNICATIONS, LLC, a Delaware limited liability company, as Manager/Member of COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC, a Delaware limited liability company, on behalf of the corporation, who is personally known to me or who has produced as identification. (affix notarial seal) -f 6 11t AA%'flri_._. (Si ture of Not Public) 7NERESA -YState atIN ,(5.314 � nib +�N ti..ig-"1-....--A1,4;,.,f,',•.,,...1 Notary Pubh�-Smote of Florida E/r "1 ICommI551on#ViH3238201' Feb 14,2027 (Print Name of Not ry Public) offd-Bonded fri Comm.ExpiresAssn. Serial/Commission#(if any): _ " through National Notary My Commission Expires: A ved as to form and legality: p : L21,ttlt Olai, be b. Pc stw.y .,> nifr.,- A Relrpi a Assistant County Attorney �\ COMCAST SUBORDINATION OF UTILITIES 3 '9l,ci O�✓ Last Revised 05/28/2020 — r.1 waW LIA _ tO L � 2-9 wa a - - • .... : cco co coi oo _. �� : - - CO N V'VOf 2 e _z w X xlgy .1 .,§ 9II Lo N uu?--��' 0 z Z�N V -I C3z .- V co ���III _ .. o Q 0 W(V � N F.°E-' m O O O lL C5 C II 2 Z Z n OZ = 0 U r Zc z c LU 0 L.LJ : W LLOZ K 0 H W 0 _ _ Z LLU a gv . N ; p V 2. M 11, CO w J cow u:o0 cc LL Z CO w Zo �a~OP /i m W M wN 0 0l' 0 - N - c 12 c rn c7 co z Cn 0 � Z ,� Obi vO= oZ 3 -J0 Uf ,• 0• L md 0LL�-aW� i2 WnCO a oz3Fzz O Ili W c o Z a w0 Q cS 8 0 0 M I- 0 w O W 0 �� oo , > m o wz � � W 0 2' 0 w o z O 0 z 0 Z UJ OJ . W co '_ - - f4N 0 r-c U m0R►Nw0ce7w m J 0d Ili owwz zz1-F-a 0 � °� o> �6 `6„o—zgza �a�0d Q I z Cr) U I: LYJ CO 0O.I-w Q,_C�OLi1 Q� WO O J O H LL O Q O W 0,-5 U, r w _. O w LU Cer N qV LL 0 w u_CYO � m d Pw =0 0 ,,,,v ce,z vg¢z _ o ,z0,:,�r ,nwwz c o 'o, ag cis ��zco,_,,,_F w O Z ZZ No wv)0 d w W NZ 1=- O O_ 0 = F-Q 4mJ N Z�ZZ W 0 UUQ O OIL w ,_ 0 Q O- = c O0 f50 ZZ OcCZod WZ ~O nl U./,�,7 OZJO V, r z0 z . zF F n Q w¢Q z w CC cc u- cc�7Q VO v_ MIL KF'0 :: 0 0 Zr Z W wC,y)�f4 w 0�� !- So PA m co �W »m o 0= W 2 ,5 w •._,-�_►-. +: r --.. —OM.-• -x-r-� "`0 ~ .Jda ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing_lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 2. 3. County Attorney Office County Attorney Office A or q L3 ` 4. BCC Office Board of County Commissioners RC, /2>rf S/S/23 5. Minutes and Records Clerk of Court's Office ,,� nc 3 q; Co PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ronald Thomas Phone Number 252-5861 Contact/ Department Transportation Engineering-ROW Agenda Date Item was RES 2010-39 02/23/2010 Agenda Item Number 16.B.1 Approved by the BCC Type of Document Subordinations of Utility Interests Number of Original 1 Attached Documents Attached PO number or account 325-172940 Project 50180 number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RT 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the RT document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's RT signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip RT should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 and all changes made during RT the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the 0 01 Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 PROJECT: 50180 PARCEL: 102DAME FOLIO: Portion of 73310000028 SUBORDINATION OF UTILITY INTERESTS Public Body 24,_THIS AGREEMENT is made and entered into this 3 day of 4 KC1 ,2e20'by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"), and COMCAST OF FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a Colorado limited liability company, Successor in interest to Time-Warner Cable, Inc., a defunct Delaware Corporation, whose mailing address is 301 Tower Road, Naples, Florida 34113-8074 (hereinafter referred to as"Utility"). WITNESSETH: WHEREAS,the Utility has an interest in those certain tracts or parcels of land lying and being in Collier County,Florida,more particularly described and set forth in Exhibit"A"attached hereto and made a part hereof(hereinafter collectively referred to as the"Property"); and WHEREAS, the County has determined that this Property is suitable and appropriate for constructing, operating, and maintaining drainage structures and facilities thereon;and WHEREAS, the County's proposed use of the Property for constructing, operating and maintaining said drainage facilities, including but not limited to guard railing,ditches,swales,earthen berms, rip-rap and retaining wall systems, underground pipes and various types of water control structures, requires the subordination of the interest in the Property by the Utility to the County;and WHEREAS, the Utility is desirous of consenting to the subordination and the relocation of its facilities within the Property, if necessary;and WHEREAS the County is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Utility and County hereby agree as follows: 1. The Utility hereby subordinates any and all of its interest in the Property (SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors and assigns,for the purpose of constructing, improving, maintaining and operating drainage facilities over,under,through,upon,and/or across said Property, including, but not limited to the claim of interest based upon the following: NATURE OF ENCUMBRANCE DATE RECORDED BOOK,PAGE Easement for Cable Television and 07/29/2003 3420,2344. Communications Services 2.The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and/or relocate its facilities within and upon the Property in accordance with the County's minimum standards for such facilities. Any construction or relocation offacilities within the Property will be subject to prior approval by the County. If the County requires the Utility to alter, adjust, or relocate its facilities from or within the Property, the County shall give the Utility 90(ninety) days' COMCAST SUBORDINATION OF UTILITIES C Af) written notice to do so and hereby agrees to pay the reasonable cost of such alteration,adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 3.The Utility shall have a reasonable right to enter upon the Property for the purposes outlined in paragraph 2 above, including the right to trim such trees, brush, and growth which may endanger or interfere with such facilities,provided that such rights do not interfere with the operation and safety of the County's facilities. 4.The Utility shall repair any damage to the County's facilities resulting from the exercise of its rights as outlined in paragraphs 2 and 3 above. 5.These terms and conditions shall be attached as an addendum to that permit, if any, required by the County for location of the Utility's facilities within the Property. 6. This Agreement shall be assignable only to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk the COLLIER , FLORIDA Circuit Court&C m trolle / • BY:. (jam By:Deput erk . Attest as to Chairman's Rick LoCastro, Chairman 'signature only Signed, sealed and delivered COMCAST OF FLORIDA/MICHIGAN/NEW in our presence as witnesses: MEXICO/PENNSYLVANIA/WASHINGTON,LLC a Colorado limited liability company � ,..� By: COMCAST CABLE COMMUNICATIONS, LLC W4TNESS (Signature) a Delaware limited liability company, as Manager Name: SANcrre. Uur..2 -o (Print or T e) By: COMCAST HOLDINGS CORPORATION t as s le member /WIT SS (Signature) Nam w-� Name: 'RL-it�Q Title:, Q-S V(� (Print or Type) COMCAST SUBORDINATION OF UTILITIES 2 Last Revised 05/01/2018 STATE OF 1-' V" COUNTY OF 'f 1ktIn ,I\cL /The foregoing Subordination of Utility Interests was acknowledged before me by means of W physical presence or D online notarization this ?day Nita- , 2023 by Srwi-t— (Name),as nip, 14%,12tt/of,. (Title), of COMCA T HOLDINGS, INC.,a Delaware corporation,as Managing Memb r of COMCAST CABLE COMMUNICATIONS,LLC,a Delaware limited liability company,as Manager of COMCAST OF FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a Colorado limited liability company, on behalf of the corporation and the companies, who is personally known to me or who has produced as identification.' (affix notarial seal) r ti I%" (Signature of No Public)�'G. �{ ( ,.4,34 THERESA LYNN MARTIN ��� � L/JI q ? 1 Notary Public-State of Florida p (Print Name of Notary Public) ' e`,.-' Commission#HH 323820 1 ' o.i. '- My Comm.Expires Feb 14,2027 PNOTARY PUBLIC Bonded through National Notary Assn. Serial/Commission#(if any)_ _ My Commission Expires: Ap roved as to form and legality: 0.0 k- A rG ,, o`O Assistant County Attorney \\� COMCAST SUBORDINATION OF UTILITIES 3 Last Revised 05/01/2018 s o-., Exhibit "A" Tract No. 01100-229 3 The North 170 feet of the South 230 feet of the East 45 feet of Lot I Shady Hollow Trust, a subdivision in Section 10 Township 48 South, Range 27 East, according to the plat thereof, as recorded in Plat Book 36 , page 84, Collier County Florida Public Records. 'y y The above described parcel ofland contains 0.18 of an acre more or less r) E C kJ <T !!t z 0 -D <T v O 3I 7 2 N SOUTH FLORIDA WATER MANAGEMENT DISTRICT o' INPRAS'l'RUCTURI IWWalmff BUDAU-SURVZY I: MAPPING SK"DON P.O. BOX 2.f680, 3301 GUN a.US ROAD v.£ST PALM BEACH, FLORIDA 33416-46B0 EXHIBIT •A• ru TRACT NO. 01100-229 111 t--T I--'I I r 1-D R-A_WN_I"!I( E-CKED- I DATE--,Sc-.ALE-I DRA WING NUMBER -„S,HEET: 2 ::OR=A,..,.,WN-:-:--+IICHE='="CKED II1 ,:,0 ATE= I----R,-EUSI--ON-S HE RS 08-26-19!AS SHOWN 01100-229J.DSI<J3.dW9j1 of 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office IO n( 5/?! z 3 4. BCC Office Board of County Commissioners RL 5/ ,S/S/Z 3 5. Minutes and Records Clerk of Courts Office hn ���_�2 G#J 6 PRIMARY CONTACT INFORMATION 'V ` ✓ 1 Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. RLG 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the o f2 Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Project: 51029 Golden Gate City Stormwater Parcel: 191TCE Folio: 36373880002 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this L %"^ day of (I , 20 : by and between LEOBARDO RIVERA SR. and OLGA O. RIVERA, husband and wife, whose mailing address is 2797 53rd Terrace SW, Naples, FL 3416, (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. CAO 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: 5 l 3 / L 3 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA BY: BY: , puty Clerk RICK LoCASTRO, Chairman Attest as to Chairman's IL signature only AS TO OWNER: DATED: h H 25 La0 --K)) A ‘e._01)/k/ le Witness (Signature) LEOBARDO RIVERA SR. SI I e • f>se o Name (Print or Type) \,`R, .--e6MGN k0 0 G p e • d`c, GU Witness (Signature) OLGA O. RIVERA Name (Print or Type) Approved as to form and legality: 0 DEREK D. PERRY, ESQ. Assistant County Attorney Last Revised 11/14/22 i; tTE-ROW 191 TCE LEGAL DESCRIPTION & SKETCH 3/22/22 Exhibit A TEMPORARY CONSTRUCTION EASEMENT 2797 53RD TERRACE S.W. (FOLIO NO. 36373880002) Page 1 of 2 NAPLES, FLORIDA DESCRIPTION: THAT PORTION OF LOT 5, BLOCK 207, GOLDEN GATE UNIT 6 PART 1, AS RECORDED IN PLAT BOOK 9, PAGES 1-7 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE EASTERNMOST CORNER OF SAID LOT 5; THENCE S 51°05'21" W, ALONG THE SOUTHEAST LINE OF SAID LOT 1, FOR 66.50 FEET; THENCE N 38°54'39" W FOR 6.00 FEET TO THE POINT OF BEGINNING; THENCE S 51°05'21" W FOR 25.60 FEET; THENCE N 32°06'29" W FOR 14.10 FEET; THENCE N 51°05'21" E FOR 16.00 FEET; THENCE S 78°45'48" E FOR 12.37 FEET; THENCE S 38°54'39" E FOR 4.50 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 309 SQUARE FEET, MORE OR LESS. z of ryl a S E N rn Digitally signed ��1:` 47 SFy by Darren 1 Townsend ` Date: w• STATE OF : Co:� FLORIDA •�4�� 2022.03.16 a NOTES: o4s1•.;N:io<d suave' 15:13:41 -04'00' N 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS THEREOF. DARREN TOWNSEND 0 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 6, PROFESSIONAL SURVEYOR AND MAPPER PART 1, PLAT BOOK 9, PAGES 1-7. FLORIDA CERTIFICATE. NO. 6476 NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND NOT VALID WITHOUT THE ATTACHED SKETCH OF DESCRIPTION. THIS IS NOT A SURVEY. SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. nig AIM Engineering& Surveying, Inc. SMIL-12180 - SMOF-1989 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 36373880002) FORT MYERS, FLORIDA 33901 Www.aimengr.com DRAWN: CHECKED: CLIENT: ESA/ "E PHONE (239) 332-4569 1S 3-9-22 DT 3-10-22 COLLIER COUNTY TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY: SHEET 1 OF 2 A I M LICENSED BUSINESS No. 3114 20-1121 28 49 S 26 E COLLIER 191 TCE LEGAL DESCRIPTION & SKETCH 1 TEMPORARY CONSTRUCTION EASEMENT /1' Exhibit A 2797 53RD TERRACE S.W. (FOLIO NO. 36373880002) 'gRa1 Page 2 of 2 NAPLES, FLORIDA W! 9 INTENDED DISPLAY SCALE: 1" = 20' TEMPORARY FOLIO NO. 36373880002 CONSTRUCTION a EASEMENT LOT 5, BLOCK 207 1 °- ww I P.B. 9, PGS. 1-7 I ug 0 16.00' 578°45'48"E o CI. Zo I N51°05'21"E 12.37' I J o EnS38°54'39"E Ul Q 4.50' I W a I a o U Z U m 25.60' POB Q z 551°05'21"W J CC i2L 6' D&PUE (P) I LLJ Q 58.50' I 66.50' I- p pp - N51°05'21"E 125.00' CICC O 6' D&PUE (P) LCD / M z CO LC Q. POC: o Q I N38°54'39"W • EASTERNMOST CORNER Z 6.00' LOT 5, BLOCK 207 O ET:N I GOLDEN GATE, UNIT 6 PART 1 Qsw ti (n o w M rnP I LOT 4, BLOCK 207 o P.B. 5, PGS. 124-134 --�II v N �^ N G LEGEND: o D&PUE = DRAINAGE & PUBLIC UTILITIES EASEMENT NN LB = LICENSED BUSINESS NO. OR # = NUMBER (P) = AS SHOWN IN P.B. 9, PGS. 1-7 3 P.B. = PLAT BOOK a PGS. = PAGES POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT ✓ R/W = RIGHT OF WAY L, 0 0 • NOTES: ' 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS • THEREOF. N 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 6, > PART 1, PLAT BOOK 9, PAGES 1-7. Q NOT VALID WITHOUT THE ATTACHED DESCRIPTION. THIS IS NOT A SURVEY. MOMMENNEME AIM Engineering&Surveying, Inc. SMIL-12180 - SMOF-1989 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 36373880002) FORT MYERS, FLORIDA 33901 www.aimengr.com DRAWN: CHECKED: CLIENT: PHONE (239) 332-4569 15 3-9-22 DT 3-10-22 COLLIER COUNTY TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY: SHEET 2 OF 2 i A I M LICENSED BUSINESS No. 3114 20-1121 28 49 S 26 E COLLIER ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office �DP 313123 4. BCC Office Board of County Commissioners 1,1 5f5/Z5. Minutes and Records Clerk of Court's OfficeME 5...5-?; 1: 60 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. RLG 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the n P IQ Chairman's signature. V I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Project: 51029 Golden Gate City Stormwater Parcel: 184TCE Folio: 35772680008 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 25 day of , 20 by and between BERL YVES MERCIER and EVENA ETIENNE MERCIER, husband and wife, whose mailing address is 4440 19TH Avenue SW, Naples, FL 34116, (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. CPO 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA BY: BY: f _. , Deputy Clerk RICK LoCASTRO, Chairman AS TO OWNER: DATED: `-' 2 ______, fitness (Signature) BER YVES CIER %yg;4 L 61-(74 6 Name (Pri t or Type) Witness (Signature) VENA ETIENNE MERCIER m Name (Print or Type) Aioved as to form and legality: I (Aiin D'''EK D. PERRY, ES"'. Assistant County Attorney {ATTEST: CRYS �L K. NM..., dLE - Deputy Clerk Last Revised 11/14/22 - Attest as to Chairman's I. L_ signature only ATE-ROW 184TCE LEGAL DESCRIPTION & SKETCH 3/22/22 TEMPORARY CONSTRUCTION EASEMENT 4440 19TH AVENUE S.W. (FOLIO NO. 35772680008) NAPLES, FLORIDA Exhibit A DESCRIPTION: Page 1 of 2 THAT PORTION OF LOT 5, BLOCK 56, GOLDEN GATE UNIT 2, AS RECORDED IN PLAT BOOK 5, PAGES 65-77 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 5; THENCE S 35°10'00" E, ALONG THE EAST LINE OF SAID LOT 5, FOR 6.01 FEET; THENCE S 54°50'00" W FOR 6.00 FEET TO THE POINT OF BEGINNING, THENCE S 35°10'00" E FOR 113.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT, RADIUS 1421.00 FEET, DELTA ANGLE 00°33'52", CHORD BEARING S 54°18'33" W, CHORD DISTANCE 14.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT FOR 14.00 FEET; THENCE N 35°10'00" W FOR 44.01 FEET; THENCE N 54°50'00" E FOR 4.50 FEET; THENCE N 35°10'00" W FOR 55.00 FEET; THENCE S 54°50'00" W FOR 4.50 FEET; Q THENCE N 35°10'00" W FOR 14.00 FEET TO THE BEGINNING OF A NON-TANGENT M CURVE TO THE RIGHT, RADIUS 1534.00 FEET, DELTA ANGLE 00°31'23", CHORD BEARING N 54°20'52" E, CHORD DISTANCE 14.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT FOR 14.00 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 1,335 SQUARE FEET, MORE OR LESS. a' U, N N O N N Tow C O a 4t K'• .44. Digitally signed 4v1cri \ by Darren Townsend • STA TE OF •o o ��,:•.. FLORIDA r,��°` Date:2022.03.16 NOTES: +O 44.'••u.veYDZ% 15:05:24-04 00 eisN 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS THEREOF. DARREN TOWNSEND • 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 2, PROFESSIONAL SURVEYOR AND MAPPER PLAT BOOK 5, PAGES 65-77. FLORIDA CERTIFICATE. NO. 6476 NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND e. NOT VALID WITHOUT THE ATTACHED SKETCH OF DESCRIPTION. THIS IS NOT A SURVEY. SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. AIM Engineering& Surveying,Inc. SMIL-10504 - SMOF-1637 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 35772680008) FORT MYERS, FLORIDA 33901 JEW ME = www.aimengr.com DRAWN: CHECKED: CLIENT: Imo' ram ^ PHONE (239) 332-4569 1S 3-9-22 DT 3-10-22 COLLIER COUNTY TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY: SHEET 1 OF 2 A I M LICENSED BUSINESS No. 3114 20-1121 22 49 S 26 E COLLIER 184TCE LEGAL DESCRIPTION & SKETCH TEMPORARY CONSTRUCTION EASEMENT (Ali NL = 14.00' 4440 19TH AVENUE S.W. (FOLIO NO. 35772680008) R = 1534.00' NAPLES, FLORIDA 0 = 00°31'23" CB = N 54°20'52" E 19TH AVENUE S.W. CD = 14.00' 0 1 60' R/W (P) INTENDED DISPLAY SCALE: 1" = 20' 1i R = 1540'(P) 6' D&PUE (P) o 0 6' D&PUE (P)(1-- - - ka Lki_\ _____ ____ ____ _ ____S Exhibit A fi POC: N35°10'00"W��. NE CORNER LOT 5, BLOCK 56 Page 2 of 2 14.00' POB b GOLDEN GATE UNIT 2 0 S54°50'00"W 4.50' 0 0 0 in co b LEGEND: o 0 v, CO tc, N `1 N CB = CHORD BEARING r v in o o Y in CD = CHORD DISTANCE v 1° ni LA 0u O D&PUE = DRAINAGE & PUBLIC In OJ vi '" w UTILITIES EASEMENT r'1 m a °� a L = ARC DISTANCE v ,� 00 a' ,„ LB = LICENSED BUSINESS z o ~O m NO. OR # = NUMBER 0 a -J a (P) = AS SHOWN IN J z P.B. 5, PGS. 65-77 0 w w P.B. = PLAT BOOK a 0 o PGS. = PAGES N o 0 POB = POINT OF BEGINNING N N54°50'00"E b POC = POINT OF COMMENCEMENT N 4.50' - m N R = RADIUS M ^ vi R/W = RIGHT OF WAY a A = DELTA ANGLE -_ o 0 .4 ° >- 0 w Q m 5 U w - 2 0 c ., E. a - w ti L = 14.00' 2 � Ln ? D R = 1421.00' wZw .. CI- , A = 00°33'52" I- 0U p p o CB = S 54°18'33" W 0 0 N CD = 14.00' m x 3 _— L- — — __ a 6' D&PUE (P) 6' D&PUE (P)S J R = 1415'(P) S SUNRISE CANAL(P) 70' R/W a NOTES: 0 ▪ 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS • THEREOF. R 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 2, PLAT BOOK 5, PAGES 65-77. Q NOT VALID WITHOUT THE ATTACHED DESCRIPTION. THIS IS NOT A SURVEY. AIM Engineering& Surveying,Inc. SMIL-10504 - SMOF-1637 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 35772680008) i FORT MYERS, FLORIDA 33901 www.aimengr.com DRAWN: CHECKED: CLIENT: W PHONE (239) 332-4569 1S 3-9-22 DT 3-10-22 COLLIER COUNTY TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY: SHEET 2 OF 2 A I M LICENSED BUSINESS No. 3114 20-1121 22 49 5 26 E COLLIER vim, ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 8 i THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney County Attorney's Office i2 TT -- 2. BCC Office Board of County Commissioners R(, b}, /4 SIBi2 3 3. Minutes and Records Clerk of Court's Office f DIP s-10-d-3 tv2-0 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vivian Rodriguez Phone Number 239-252-8402 Contact/Department Agenda Date Item was February 23,2010 Agenda Item Number 16 B 1 Approved by the BCC RESO 2010-39 Type of Document Donation Agreement Number of Original 1 Attached MPS 152.02 Odor Control Unit Documents Attached Village Walk Homeowners Association of Naples,Inc. PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature?Stamp OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the VR N/A document or the final negotiated contract date whichever is applicable. Date of routing has been inserted. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on February 23,2010,and all changes made VR during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 I68k Memorandum TO: Minutes & Records Management FROM: Vivian Rodriguez, Real Property Management DATE: May 5, 2023 RE: MPS 152.02 Odor Control Unit Village Walk Homeowners Association of Naples, Inc. This item is being accepted by the BCC under Resolution 2010-39 which was approved on February 23, 2010, Agenda Item 16B1. Please attest to Commissioner LoCastro's signature as Chair on the Donation Agreement. Once attested, please email a copy of the Donation Agreement to me for my files. Kindly contact me if you have any questions or comments at Ext. 8402. Thank you. PROJECT: MPS 152.02 Odor Control Unit Village Walk Homeowners Association of Naples, Inc. DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between VILLAGE WALK HOMEOWNERS ASSOCIATION OF NAPLES, INC., a Florida not-for-profit corporation, (hereinafter referred to as "Owner"), whose mailing address is c/o KW Property Management Consulting, 3200 Village Walk Circle, Suite 100, Naples, FL 34109, and 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, (hereinafter referred to as "County"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a non-exclusive Utility Easement for the purpose of constructing, operating, installing an odor control unit, and maintaining utility facilities over, under, upon and across the lands described in Exhibit "A" hereinafter referred to as the ("Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via a Utility Easement to County at no cost to the County, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release, or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, 1 1beI release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. To the best of its knowledge, owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by County. 8. The County further agrees that it shall, at the County's sole cost and expense, restore and repair any and all damage caused to Owner's property or improvements to pre- construction conditions as a result of County's use of the "Property." The County shall have the obligation to maintain, repair and replace any and all improvements after installation arising out of or related to the operation of the easement. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 2 0 I68i 11. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors, and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 12. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the Owner has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: 5/423 AS TO COUNTY: DATED: 5/3/23 ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE CRYSTAL K. KINZEL, Clerk GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Attest as to hair an's Deputy Clerk / 0 signature only .;'° BY l -4 RICK LOCASTRO, Chairman AS TO OWNER: DATED: t if-1 "-I VILLAGE WALK HOMEOWNERS ASSOCIATION OF NAPLES, INC., a Florida not-for-profit corporation BY: Lk, (AA.'. ness n r SUSAN HOFF N, President Name (Print or Type) fitness ignature) I 3 Name ( int or Typ Ap a to or and legality: onald T. Tomasko, / 1911 Assistant County Attorney 1 ' tl 3 b AI° C * 1681 I !:4 ill //� i ) ; // 4 /'/ -^Ey� F 'x, iiv \J/ 4 ` /\ lSKe� Y PS �C - r / M i /•d4s_46 Y 1+4 R�IO r\\ x // �N ' �88 I gX if; g' ='�s? / s •- ''l v • y 1 Y; c' g --- am //\ ?�! ` ' �. z YA K' / ' / ,\ k •4''• ., 2 ag j /� ,6 • r; c`/ // Sys "7 MI \ I 1y \\ R N„,.\ R 4. 7.2s.:1 > , cfry 619. N's 4,:e• N/I/ c:e fry, T ram,�hr C� a i IiiiiiIIIIP:41 lir Ili & ' ;r ill a a 9 '2105 3 „ e al.ilie.4ii-2411 �� . atr( ! ,C 's c 3 1 21: v 3Q fry 'gX l 111g I: 7g E#S i'y o'4• Rg �� � 5 0 3I� � � 1 il'3 :Al! 5 ;11?Q Ill 3 foewsaws PS 152.02 I ess• VILLAGE WALK.PHASE ONE :`i! n O 4 x•a-• Ill SKETCH AND DESCRIPTION COLUEA COUNT mimes i ''i 11 ! 3 <sa� ODOR CONTROL EASEMENT ^ ' C= {•���' COLLIER CQUNTY,FLORIDA ..y_r. . ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routingzlines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date • 2. 3. County Attorney Office County Attorney Office , ) / r1 .5)I ki 4. BCC Office Board of County Commissioners Rt.b m IJ J s/13/Z 5. Minutes and Records Clerk of Court's Office r ( //:q7 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ronald Thomas Phone Number 252-5861 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 02/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RT 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RT 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RT 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 and all changes made RT during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the (1y`�� Chairman's signature. �/�/ I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 68 1 Project: 51029 Golden Gate City Stormwater Parcel: 171TCE Folio: 35991920002 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the"Agreement") is made and entered into on this ..51." day of NI ) .' , 2023, by and between KELLY GLEN COLBURN and LISA J. COLBURN, husband nd wife, whose mailing address is 3015 47TH Street SW, Naples, FL 34116 (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 16B 1 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: M14-1 11 , 2023 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA BY: • BY: , Deputy (er RICK LoCASTRO, Chairman Attest as to Chairman's r. �.. signature only 7t : C• 0 16B 1 AS TO OWNER: DATED:CJ S iliklkaitt 44X-CL- Witness (Signature) KELLY GLEN COLBURN Name (Print or y e) ,.././ Witness (Signature) L SA J. LB N 1 M,g L, Y sq.., Name (Print or Type) Appro d as to form and legality: Lat- OP-A-V------- DEREK D. PERRY, ESQ. Assistant County Attorney • Last Revised 11/14/22 ..ram' 16B 1 tTE-ROW 171 TCE LEGAL DESCRIPTION & SKETCH 3/22/22 TEMPORARY CONSTRUCTION EASEMENT 3015 47TH STREET S.W. (FOLIO NO. 35991920002) NAPLES, FLORIDA EXHIBIT A Page 1 of 2 DESCRIPTION: THAT PORTION OF LOT 14, BLOCK 92, GOLDEN GATE UNIT 3, AS RECORDED IN PLAT BOOK 5, PAGES 97-105 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 27, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 14; THENCE WEST, ALONG THE NORTH LINE OF SAID LOT 14, FOR 6.00 FEET; THENCE SOUTH FOR 6.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH FOR 14.00 FEET; THENCE WEST FOR 38.00 FEET; THENCE NORTH FOR 6.00 FEET; THENCE WEST FOR 43.00 FEET; THENCE SOUTH FOR 6.00 FEET; THENCE WEST FOR 32.00 FEET; THENCE NORTH FOR 14.00 FEET; THENCE EAST FOR 113.00 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 1,324 SQUARE FEET, MORE OR LESS. N • Q NM N N N N b M S E , w N NN N �i N M N N N a To,, Digitally signed • 6"" 7•4 by Da rren ti a; Townsend STATE OF Q 1,8 Date: mss. FLORIDA •'�� 2022.03.16 NOTES: �o�a••...... o1�r �S.urveY 15:07:42 -04'00' 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS THEREOF. DARREN TOWNSEND 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 3, PROFESSIONAL SURVEYOR AND MAPPER PLAT BOOK 5, PAGES 97-105. FLORIDA CERTIFICATE. NO. 6476 NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND NOT VALID WITHOUT THE ATTACHED SKETCH OF DESCRIPTION. THIS IS NOT A SURVEY. SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. AIM Engineering& Surveying, Inc. SMIL-10356 - SMOF-1515 2161 FOWLER STREET, SUITE 100 FORT MYERS, FLORIDA 33901 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 35991920002) - www.aInengr.Com DRAWN: CHECKED: CLIENT PHONE (239) 332-4569 JS 3-9-22 DT 3-10-22 COLLIER COUNTY TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY: A I M LICENSED BUSINESS No. 3114 20-1121 27 49 S 26 E COLLIER SHEET 1 OF 2 , 71 i% 16B 1 171 TCE LEGAL DESCRIPTION & SKETCH N TEMPORARY CONSTRUCTION EASEMENT �1 3015 47TH STREET S.W. (FOLIO NO. 35991920002) � NAPLES, FLORIDA EXHIBIT A 0 10 20 Page 2 of 2 INTENDED DISPLAY SCALE: 1" = 20' a LOT 13, BLOCK 92 I S w P.B. 5, PGS. 97-105 w z 0 0 io io POC: NE CORNER LOT 14, BLOCK 92 j _ GOLDEN GATE UNIT 3 L Q 6' D&PUE (P) LI EAST 125.00' LLI V6' D&PUE (P) SOUTH 6.00' 6.00' H ' I V - EAST 113.00' O i l0 o POB ? o H , a I - WEST 43.00' I O � z H o H o D o C1C o E WEST 32.00' Ln ° z ° WEST 38.00' w w I I 2 LOT 14, BLOCK 92 P.B. 5, PGS. 97-105 TEMPORARY a. L3 1 o CONSTRUCTION M FOLIO NO. 35991920002 EASEMENT N N O f� f. O M LEGEND: D&PUE = DRAINAGE & PUBLIC UTILITIES EASEMENT • E INST. = INSTRUMENT ,, LB = LICENSED BUSINESS w NO. OR # = NUMBER (P) = AS SHOWN IN P.B. 5, PGS. 97-105 P.B. = PLAT BOOK 7 PGS. = PAGES ROB = POINT OF BEGINNING e POC = POINT OF COMMENCEMENT R/W = RIGHT OF WAY 0 w w U NOTES: v 9 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS THEREOF. 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 3, v PLAT BOOK 5, PAGES 97-105. CC NOT VALID WITHOUT THE ATTACHED DESCRIPTION. THIS IS NOT A SURVEY. AIM Engineering& Surveying, Inc. SMIL-10356 - SMOF-1515 nww 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 35991920002) FORT MYERS, FLORIDA 33901 www.a,mengr.com DRAWN: CHECKED: CLIENT: r ......... II PHONE (239) 332-4569 JS 3-9-22 DT 3-10-22 COLLIER COUNTY TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY: A I M LICENSED BUSINESS No. 3114 20-1121 27 49 S 26 E COLLIER SHEET 2 OF 2 J ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 0 0 Q t't, 4. BCC Office Board of County Commissioners AL l Pl f i 3/2 3 5. Minutes and Records Clerk of Court's Office r cpS-covvt, NiU Its/2o2a PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. RLG 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the 0 0 iP Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16B 1 Project: 51029 Golden Gate City Stormwater Parcel: 238TCE Folio: 36380240004 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this iri4 day of , 20 '->; by and between ANTHONY ESCANDELL GARCIA, a single person/whose mailing address is 2364 55th Street SW, Naples, FL 34116, (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter"the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 16B 1 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE -This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: II/A/ ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA • BY: BY: Deputyt'Cle RICK LoCASTRO, Chairman Attest as,tb Chairman's' s. signature only ' 16B 1 AS TO OWNER: DATED: Witness (Signature) ANTH CANDELL GARCIA Name (Print or Type) ,�, Witness (Signature)/ / / Name (Print or Type) Ap•ro ed as to form and legality: Algid) $ D -EK D. s PERRY, ES .' Assistant County Attorne, \1i ti Last Revised 11/14/22 C) l6B 1 -I \\ftms01\Drawings\2020\20203244-000\Surveying\Sketches\Temp Construction Easements - F.dwg (I) ANT Dec 12, 2022 - 3:23pm — --1 TOO N f?I 13 O -.. 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All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Coun Attome Office. Route to Addressee s (List in routing order) Office Initials Date 1. 2. —"MIR" 3. County Attorney Office County Attorney Office 5,g123 4. BCC Office Board of County Commissioners j 4,4r9/51 S//if'z5. Minutes and Records Clerk of Courts Office hj•pQ - I0)23 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L. Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. RLG111 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the 10 O Chairman's signature. I:Forms/County Forms!BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 B 1 Project: 51029 Golden Gate City Stormwater Parcel: 195TCE Folio: 36118240001 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (h reinafter referred to as the "Agreement") is made and entered into on this 'Y day of , 20_ by and between MARIE MAUDE VICTOR an unmarried woman, whose mailing address is 1731 50th Terrace SW, Naples, FL 34116, (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter"the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 16 $ 1 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: 54 , l ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA IIjjjj�,: 62.,f; BY: '� < BY: , Deputy-Clerk RICK LoCASTRO, Chairman Attest as to Chairm$n's. . i signature only 16B 1 AS TO OWNER: DATED: /- - X //la& /14 6(?;-Z_,e7L Witness (Signature) MARIE MAUDE VICTOR % / // Name rint or Type) itness ature) Name (Print or Type) A roved as to form and legality: ALA:JuO p DEREK D. PERRY, ES . Assistant County Attorney Last Revised 11/14/22 e.i a. 1 6 g 1 TE-ROW 195TCE LEGAL DESCRIPTION & SKETCH 3/22/22 TEMPORARY CONSTRUCTION EASEMENT Exhibit A 1731 50TH TERRACE S.W. (FOLIO NO. 36118240001) Page 1 of 2 NAPLES, FLORIDA DESCRIPTION: THAT PORTION OF LOT 3, BLOCK 129, GOLDEN GATE UNIT 4, AS RECORDED IN PLAT BOOK 5, PAGES 107-116 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 3; THENCE N 89°57'50" W, ALONG THE SOUTH LINE OF SAID LOT 4, FOR 103.00 FEET; THENCE NORTH FOR 6.00 FEET TO THE POINT OF BEGINNING; THENCE N 89°57'50" W FOR 16.00 FEET; THENCE NORTH FOR 12.00 FEET; THENCE S 89°57'50" E FOR 16.00 FEET; THENCE SOUTH FOR 12.00 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 192 SQUARE FEET, MORE OR LESS. Q it N N N N vi w h N W N N T I N N a 3 �� K. Tab• .rs Digitally signed 4. 47"6 a;+ by Darren 411 Townsend 'o Date: �• STATE OF ;qa ss•. PLOAIDA t' 2022.03.16 NOTES: ��o�a/.......•o.d 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS Survey 1 S:O9:20 -04100' THEREOF. DARREN TOWNSEND N 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 4, PROFESSIONAL SURVEYOR AND MAPPER PLAT BOOK 5, PAGES 107-116. FLORIDA CERTIFICATE. NO. 6476 NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND NOT VALID WITHOUT THE ATTACHED SKETCH OF DESCRIPTION. THIS IS NOT A SURVEY. SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. AIM Engineering& Surveying,Inc. SMIL-9522 - SMOF-1355 MEEELEISSE2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 36118240001) S FORT MYERS, FLORIDA 33901 www.aimengr.com DRAWN: CHECKED: CLIENT: PHONE(239) 332-4569 1S 3-9-22 DT 3-10-22 COLLIER COUNTY TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY: A I M LICENSED BUSINESS No. 3114 20-1121 21 49 S 26 E COLLIER SHEET 1 OF 2 0(, 1 6 B 1 195TCE LEGAL DESCRIPTION & SKETCH N TEMPORARY CONSTRUCTION EASEMENT r♦�-,1 Exhibit A 1731 50TH TERRACE S.W. (FOLIO NO. 36118240001) 7�,;� Page 2 of 2 NAPLES, FLORIDA `�� INTENDED DISPLAY SCALE: 1" = 20' .f I •J1 E: ( 589°57'50"E FOLIO NO. 36118240001 16.00' TEMPORARY CONSTRUCTION LOT 3, BLOCK 129 0 EASEMENT P.B. 5, PGS. 107 116 121 I IOD cc o j o POBI 5 J Zo � o � Lu U a Q \ I-.1.-NORTH 6.00' 103.00' 6' D&PUE (P) < ec N89°57'S0"W 125.00' O 6' D&PUE (P) H _ O z _ O N89°57'50"W POC ~ • = I O 16.00' SE CORNER LOT 3, BLOCK 129 I L(1 2 GOLDEN GATE UNIT 4 N a I I a 0 N LL D LOT 4, BLOCK 129 n M o I P.B. 5, PGS. 107-116 13 3 a 6 ii, I I c E v h W4 ✓� J^ ........L. ..ram N N LEGEND: a' D&PUE = DRAINAGE & PUBLIC UTILITIES EASEMENT N LB = LICENSED BUSINESS 7 NO. OR # = NUMBER Y (P) = AS SHOWN IN P.B. 5, PGS. 107-116 3 P.B. = PLAT BOOK o PGS. = PAGES o POB = POINT OF BEGINNING >, POC = POINT OF COMMENCEMENT c, R/W = RIGHT OF WAY v LD 22 NOTES: k.0 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS • THEREOF. 7 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 4, S PLAT BOOK 5, PAGES 107-116. Q NOT VALID WITHOUT THE ATTACHED DESCRIPTION. THIS IS NOT A SURVEY. AIM Engineering& Surveying, Inc. SMIL-9522 - SMOF-1355 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 36118240001) FORT MYERS, FLORIDA 33901 ME SEE www.aimengr.com DRAWN: CHECKED: CLIENT: W. M PHONE (239) 332-4569 JS 3-9-22 DT 3-10-22 COLLIER COUNTY TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY: A I M LICENSED BUSINESS No. 3114 20-1121 21 49 S 26 E COLLIER SHEET 2 OF(2) , ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP l.,Yl Cy TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO kcof THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Q Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney ffic at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no ater than Monday preceding the Board meeting. ROUTING SLIP 6 13 i 1 Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete wit the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. ....Route to Addressee(s) (List in routing order) Office Initials Date \1. 2. 3. County Attorney Office County Attorney Office oPe ce f IZ(z3 4. BCC Office Board of County Commissioners 5. Minutes and Records Clerk of Court's Office g+i pr PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ronald Thomas Phone Number 252-5861 Contact/ Department Transportation Engineering-ROW Agenda Date Item was RES 2010-39 02/23/2010 Agenda Item Number 16.B.1 Approved by the BCC Type of Document Subordination of Utility Interests Number of Original 1 Attached Documents Attached PO number or account Project 33554.2 number if document is 3050000000-172940 to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature? RT 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the RT document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's RT signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip RT should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 and all changes made during RT the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the �v Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 INSTR 6415172 OR 6257 PG 1391 RECORDED 6/12/2023 2:37 PM PAGES 7 CLERK OF THE CIRCUIT COURT AND COMPTROLLER Project: CCC Watershed Im rovement Plan/WIISOn Blvd. Ext. COLLIER COUNTY FLORIDA p REC$61.00 INDX$1.00 1681 SUBORDINATION OF UTILITY INTERESTS Public Body T THIS AGREEMENT is made and entered into this 6 day of U(/NE . , 20ZZ, by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"), and COMCAST OF FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a Colorado limited liability company, formally known as COMCAST OF COLORADO/FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a Colorado limited liability company, as successor in interest to COMCAST OF THE SOUTH, INC., a Colorado corporation, whose mailing address is 301 Tower Road, Naples, Florida 34113-8074 (hereinafter referred to as "Utility"). WITNESSETH: WHEREAS, the Utility has an interest in that certain tract or parcel of land lying and being in Collier County, Florida, more particularly described and set forth in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, the County has determined that this Property is suitable and appropriate for road right of way, utility, and drainage purposes; and WHEREAS, the County's proposed use of the Property for road right of way, utility, and drainage purposes requires the subordination of the interest in the Property by the Utility to the County; and WHEREAS, the Utility is desirous of consenting to the subordination and the relocation of its facilities within the Property, if necessary; and WHEREAS the County is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Utility and County hereby agree as follows: 1. The Utility hereby subordinates any and all of its interest in the Property (SEE EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors and assigns, for the purpose of constructing, improving, maintaining and operating road right of way, utility, and drainage facilities over, under, through, upon, and/or across said Property, including, but not limited to the claim of interest based upon the following: NATURE OF ENCUMBRANCE DATE RECORDED BOOK, PAGE Easement 8/1/2001 2899/1947 6B1 the Utility 90 (ninety) days' written notice to do so and hereby agrees to pay the reasonable cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 3. The Utility shall have a reasonable right to enter upon the Property for the purposes outlined in paragraph 2 above, including the right to trim such trees, brush, and growth which may endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 4. The Utility shall repair any damage to the County's facilities resulting from the exercise of its rights as outlined in paragraphs 2 and 3 above. 5. These terms and conditions shall be attached as an addendum to that permit, if any, required by the County for location of the Utility's facilities within the Property. 6. This Agreement shall be assignable only to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF. the parties hereto have executed this Agreement on the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS C STRL K i)Clerk COLLIER COUN FLORIDA U C/ BY: rat sr" hai t aty Clerk (<1CA�. Lo C A STY O , Chairman �S to Ch�� sign.atw o► y, Signed, sealed and delivered COMCAST OF FLORIDNMICHIGAN/NEW in our presence as witnesses: MEXICO/PENNSYLVANINWASHINGTON, LLC a Colorado limited liability company wv. t�•,�� By: COMCAST CABLE COMMUNICATIONS, LLC TNESS (Signature) a Delaware limited liability company, as Manager Name:S Ft-toe-tit. (,weere./ (Pri r Type) By: COMCAST HOLDINGS CORPORATION, a / Pennsylvania corporation, as Manager WITNESS (Signature) By: (Nam j Name: Yee/ O Vp (Print or Type) (Title) STATE OF 06C CI R 16 8 COUNTY OF PaiNk C — The foregoing Subordination of Utility Interests was acknowledged before me by means of D physical presence or D online notarization this 2...(14,day of PACO�.` , 20V, b (Nime), as P. (Title), of COMCAST HOLDINGS, INC., a Delaware corporation, as Manager of COMCAST CABLE COMMUNICATIONS, LLC, a Delaware limited liability company, as Manager of COMCAST OF FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a Colorado limited liability company, on behalf of the corporation and the companies, who is personally known to me or who has produced as identification. (affix notarial seal) /140/A-4)rlt - (Signature of Not y Public) ',�•., ?HERE SA LYNN MARTIN :o� • � (Print Name of N tar Public) public-State of Florida y CommissionComm. p HH 323820 NOTARY PUBLIC My Expires Feb 14,Assn. " Bonded throughNetlonalNotary Serial/Commission # (if any) _ My Commission Expires: .2-/ /'(27 App ove as ttorr n gality: ;?' r A 1141 arlin V` Assistant County Attorney EXHIBIT "A" PAGE 1 of 4 PARCEL 468FEE 1681 4 H:\2020\2020594\SKETCHES\20594 West.dwg 8/10/2020 8:44:41 AM Plotted by:BenNowell MATCH LINE L1 POINT OF / LINE BEARING DISTANCE Z N� UJ L1 S 89'36'17 E 100.00' 0 o in NW o>L L2 S 89'55'28" W 100.01' 1 TRACT OS1 W 0 0 NW CORNER awcCo w o SEC 1-51-26 iii_'m wilt NI d z i • 0 150 300 U w ('' I 1"=300' 4' co w z J Q) N N Co co 03 N 0) Oj o I. N. N LEGAL DESCRIPTION: N N 12 w o A PARCEL OF LAND LOCATED IN SECTION 1, TOWNSHIP 51 SOUTH, W co RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY 0I� DESCRIBED AS FOLLOWS: in Lo o ri o 0 BEGINNING AT THE NORTHWEST CORNER OF TRACT OS1, NAPLES RESERVE d' w 0 `r IN CIRCLE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK b '° ba- �� 64 AT PAGE 1 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 0 a0 s 0 �= ��- ' THE SAME BEING THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 51 z 1- N �Q Z SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA; THENCE RUN z w = (7 ( ) S89'36'17"E ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF z a SAID SECTION 1, FOR A DISTANCE OF 100.00 FEET; THENCE LEAVING Q Q SAID NORTH LINE, RUN S00'40'07"W FOR A DISTANCE OF 2802.29 FEET; CO > w a THENCE RUN S00'40'55"W FOR A DISTANCE OF 2748.48 FEET TO A 0 w tr POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID N it SECTION 1; THENCE RUN S89'55'28"W, ALONG THE SAID SOUTH LINE FOR v w a A DISTANCE OF 100.01 FEET TO THE SOUTHWEST CORNER OF SAID 0 Z SECTION 1; THENCE RUN N00'40'55"E ALONG THE WEST LINE OF THE - z SOUTHWEST QUARTER OF SAID SECTION 1 FOR A DISTANCE OF 2749.79 a FEET TO THE WEST QUARTER CORNER OF SAID SECTION 1; THENCE RUN =0) w N00'40'07"E ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF ou c3 SECTION 1, FOR A DISTANCE OF 2801.80 FEET, TO THE POINT OF >1z 0 X� BEGINNING. CONTAINING 555,117.91 SQUARE FEET OR 12.7 ACRES, MORE �wNi (w1j OR LESS. n� m O=d `"`iwtwn intpgl wa '�� C \ w ,, J. H/L7. , a ",/•/cPo�o ao HOLE MONIES, INC. `''`9 •,,••e'•�\;.. °,y'', z / P srn W m• CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 :_,6°S u'�d^•• / Q¢`, a a Digitally signed by John Hilton 6278 _ V��Q z DN:cn=John Hilton,o=Hole = = Montes,ou=Survey %o ': STATE OF i a / ' ct c e,ti I ) - ->Department, ` , ' FLORIDA/, email=johnhilton@hmeng.co ' r36 a ` ' tY 5 ` / gym• cc/Q• I FR.,.., / Date:2020.08.1010:08:23 ,,,,,, s�'Ye° O'd p, I IQ — — ��< BY -oaroo' LS6278 F- JOHN J. HILTON STATE OF FLORIDAI r — — — — MATCH LINE SW CORNER' L2SEC 1-51-26 Li NOT A SURVEY 16 S 1 EXHIBIT "A" PAGE 2 of 4 PARCEL 468DE1 H:\2020\2020594\SKETCHES\20594 South.dwg 8/10/2020 8:41:31 AM Plotted by:BenNowell POINT OF ty up BEGINNING w(Si Cr I SE CORNER o L5 /TRACT OS-2 MATCH LINE kn T LINE BEARING DISTANCE -' L3 o w L1 N 00'40'55" E 23.29' L2 N 00'04'08" W 6.97' L3 N 00'19'23" E 165.00' — v c; L4 N 89'55'32" E 30.00' o L5 S 00'19'23" W 195.00' - Co Q w L2 F N 00 Q 2 Z m 0 ______.-lf z 7 = 0 u7 LA m 0 150 300 a C.) w C _ VI d 0 N d- a w- 1"=300' a CD DO = CC o_ (I) N w N w O LT_>d w In w u� H w N m z aoM i (0 t.dJ 0) J iwn wW r CI_ n ~gy m CD Z wa N J fN J z n. z (CD r. N N In �� to N to Cl) N - N In LEGAL DESCRIPTION: in w a) t'i oo w A PARCEL OF LAND LOCATED IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER - Lo COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: N cN1 0, cn to 0_CO to 8>a BEGINNING AT THE SOUTHEAST CORNER OF TRACT OS-2, NAPLES RESERVE, PHASE II ACCORDING to toW TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 56, AT PAGE 20 OF THE PUBLIC RECORDS m v) !--:cl,'Lg OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE SOUTHEAST CORNER OF SECTION 1, 00 0o j Nm TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S89'55'32"W z Z a ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1, FOR A DISTANCE OF Li 2716.41 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 1; THENCE RUN S89'55'29"W = ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 1, FOR A DISTANCE OF w 2616.32 FEET; THENCE LEAVING SAID SOUTH LINE, RUN N00'40'S5"E FOR A DISTANCE OF 23.29 r7 FEET; THENCE RUN N89'55'52"E FOR A DISTANCE OF 2352.86 FEET; THENCE RUN NOO'04'08"W 0 o FOR A DISTANCE OF 6.97 FEET; THENCE RUN N89'55'32"E FOR A DISTANCE OF 2949.77 FEET; a THENCE RUN NO0'19'23"E FOR A DISTANCE OF 165.00 FEET; THENCE RUN N89'55'32"E FOR A w = DISTANCE OF 30.00 FEET TO A POINT ON THE EAST LINE OF SAID SOUTH EAST QUARTER OF cc SECTION 1; THENCE RUN S0019'23"W ALONG THE SAID EAST LINE, FOR A DISTANCE OF 195.00 J FEET, TO THE POINT OF BEGINNING. CONTAINING 148,840.45 SQUARE FEET OR 3.4 ACRES, MORE a _ OR LESS. z w N =rn 0 CL CO awd HOLE MONTES, INC. % ",�tt�tt���tt�t,,,,, 1-i a CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 ,.�',`p�N.J. H��TO %, F- ow ;eo5e Nod.-v ni it W n Digitally signed by John Hilton ••'s? 6^'. H Co DN:cn=John Hilton,o=Hole 3 '. 6278 1n • Montes,ou=Survey a -o Department, " ^ STATE OF ' °' a �,) ail=hnhilton@hmeng.co ���� .FLORIDA;•'�O j= w zcc N Date:2020.08.10 10:06:46 ,�''��p�jo�•••••••••••���a`��: z N N — 1 .. -04'00' ''..,,, SUfveyot `,,.J O •_��— —L�- BY LS6278 ,,,,,,,,tit,,,,at%% /8"Ti JOHN J. HILTON STATE OF FLORIDA I- MATCH LINE d w NOT A SURVEY 0 co EXHIBIT "A' PARCEL 468DE2 PAGE 3 of 4 1681 . H:\2020\2020594\SKETCHES\20594 East 30.dwg 8/10/2020 8:28:42 AM Plotted by:BenNowell MATCH LINE L2 . LINE BEARING DISTANCE L1 S 89'55'32" W 30.00' POINT OF L2 N 89'57'27" E 30.00' BEGINNING NE CORNER TRACT OS-1 NI �\� �30.0' 11 cr 0 tV NAPLES RESERVE 0 Z 1 o 150 300 0 U PHASE III a ZJ U 1---300' P.B. 64, PG. 37 w vwi CC CORAL HARBOR-- co LEGAL DESCRIPTION: PHASE I P.B. 61, PG. 67 m A PARCEL OF LAND LOCATED IN SECTION 1, TOWNSHIP 51 SOUTH, co cdi RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE io PARTICULARLY DESCRIBED AS FOLLOWS: CO N rn OD ri BEGINNING AT THE NORTHEAST CORNER OF TRACT OS1, NAPLES N NRESERVE, PHASE III, ACCORDING TO THE PLAT THEREOF RECORDED N `r- IN PLAT BOOK 64, AT PAGE 37 OF THE PUBLIC RECORDS OF to w N N COLLIER COUNTY, THE SAME BEING THE NORTHEAST CORNER OF Co w SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S00'19'59"W ALONG THE EAST 'oN, o in om LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1, FOR AIn Li-) N — -0,, DISTANCE OF 2764.12 FEET TO THE EAST QUARTER CORNER OF o o0 SAID SECTION 1; THENCE RUN SO0'19'23"W ALONG THE EAST LINE z o OF THE SOUTHEAST QUARTER OF SAID SECTION 1, FOR A ix \Z DISTANCE OF 2488.64 FEET TO THE SOUTHEAST CORNER OF o N _ TRACT OS-3, OF NAPLES RESERVE PHASE II, ACCORDING TO THE L PLAT THEREOF AS RECORDED IN PLAT BOOK 56, AT PAGE 20 OF w j THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NAPLES o ?U S89'55'32"W ALONG THE SOUTH LINE OF SAID TRACT OS-3 FOR A RESERVE u, DISTANCE OF 30.00 FEET; THENCE LEAVING SAID SOUTH LINE, RUN PHASE II N00'19'23"E FOR A DISTANCE OF 2488.85 FEET; THENCE RUN cc P.B. 56, PG. 20 1-- CORAL N00'19'59"E FOR A DISTANCE OF 2763.93 FEET TO A POINT ON HARBOR THE NORTH LINE OF SAID TRACT OS-1, NAPLES RESERVE, PHASE PHASE I III; THENCE RUN N89'57'27"E, ALONG THE NORTH LINE OF SAID TRACT OS1, FOR A DISTANCE OF 30.00 FEET, TO THE POINT OF P.B. 61, PG. 67 BEGINNING. CONTAINING 157,583.06 SQUARE FEET OR 3.6 ACRES, MORE OR LESS. „tttttt...ll,,,,,,, lllll J. HOLE MONIES, INC. c'` gO:•••5e'N/%...,/\% CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 e^;: '" 6276 = \ _ Digitally signed by John Hilton o STATE OF °' _ DN:cn=John Hilton,o=Hole 0 FLORIDA o;` ////'''' \\� Montes,ou=Survey Department, d+ `� ( J email=johnhilton@hmeng.com, '4� O U _ Li N Z N /// Y Date:2020.08.10 10:03:23-04'00' ,�����tSuivey0mil `tt'°�`'�`` Ll 0 0�, BY LS6278 o " I JOHN J. HILTON STATE OF FLORIDA ix �,- ~ 0 U W Lin (/7 MATCH LINE _f • NOT A SURVEY EXHIBIT "A" PAGE 4of4 PARCEL 478DE 1681 H:\2020\2020594\SKETCHES\20594 Aw East 30.dwg 8/6/2020 3:43:40 PM Plotted by:BenNowell N 0 25 50 1"=50' LINE BEARING DISTANCE Li S 89'55'32" W 30.00' L2 N 89'55'32" E 30.00' POINT OF TRACT 05-3 BEGINNING NAPLES RESERVE, PHASE II NE CORNER P.B. 56, PG. 20 TRACT OS-2 L2 o —30.0� o O O o co c0 00 z c0 TRACT R-3 I-1J V) 3 NAPLES RESERVE, PHASE II O P.B. 56, PG. 20 1.0 M N O b O Z L1 N C, PARCEL NO. 63045030645 0 TRACT 0S-2 NAPLES RESERVE, PHASE II P.B. 56, PG. 20 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION OF TRACT OS-2, NAPLES RESERVE, PHASE II ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 56 AT PAGE 20 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF TRACT OS-2, NAPLES RESERVE, PHASE II ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 56 AT PAGE 20 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SO0'19'23"W, ALONG THE EAST LINE OF SAID TRACT OS-2 FOR A DISTANCE OF 80.00 FEET; THENCE LEAVING SAID EAST LINE RUN S89'55'32"W, FOR A DISTANCE OF 30.00 FEET; THENCE RUN NO0'19'23"E, FOR A DISTANCE OF 80.00 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT OS-2; THENCE RUN N89'55'32"E ALONG SAID NORTH LINE FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; CONTAINING 2,400.00 SQUARE FEET, MORE OR LESS. HOLE MONTES, INC. CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 Digitally signed by John Hilton �N O DN:cn=John Hilton,o=Hole , Ni ..NT;' Montes,ou=Survey Department, :ce ''4 • r n email=johnhilton@hmeng.com, _ 6278 t c=US E -v • Date:2020.08.10 09:35:00-04'00' 3 STATE OF BY LS6278 FLORIDA 'boa JOHN J. HILTON STATE OF FLORIDA • •' NOT A SURVEY ' '�., ""Survey( °,s`s ,r ill,r ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 Li 11 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original document- :t to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines 41 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 3. County Attorney Office County Attorney Office 0019 Cf 1JZ3 4. BCC Office Board of County Commissioners � //`./ �` 5. Minutes and Records Clerk of Court's Office r //t (,, ( /: . 1- 3 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above.may need to contact staff for additional or missing information. Name of Primary Staff Ronald Thomas Phone Number 252-5861 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 02/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A • to be recorded ((gr1Fir.eS 4R1"-- no tern L4:. ) INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) A licable 1. Does the document require the chairman's original signature? RT 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed /" by the Office of the County Attorney. �� 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RT 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. R,I, 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 and all changes made RT N/A is not during the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the �/ i an option for Chairman's signature. 1✓ this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1681 Project: 51029 Golden Gate City Stormwater Parcel: 177TCE Folio: 36374160006 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this /1' day of -y�',�.4.,, 2023, by and between RAUL ENRIQUE GARCIA, a single man, whose mailing address is 3201 66th Street SW, Naples, FL 34116 (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. t6R 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: suNt 1 , ZoZ3 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA vv BY: BY eputy Clerk RICK LoCASTRO, Chairman Attest as to Chairman's signature only , l6gJ AS TO OWNER: DATED: CX,V2e2,5 Witness (Signature) RAUL EIJR1QUE GARCIA Name (Print Or Type) • ; Witness ignature) Name (Print or Type) Approved as to form and legality: DEREK D. PERRY, ESQ. Assistant County Attorney Last Revised 11/14/22 168 ! 'TEROW22 177TCE LEGAL DESCRIPTION & SKETCH3/2 TEMPORARY CONSTRUCTION EASEMENT 2701 53RD TERRACE S.W. (FOLIO NO. 36374160006) NAPLES, FLORIDA EXHIBIT A Page 1 of 2 DESCRIPTION: THAT PORTION OF LOT 12, BLOCK 207, GOLDEN GATE UNIT 6 PART 1, AS RECORDED IN PLAT BOOK 9, PAGES 1-7 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHERNMOST CORNER OF SAID LOT 12; THENCE S 51°05'21" W, ALONG THE NORTHWEST LINE OF SAID LOT 12, FOR 6.00 FEET; THENCE S 38°54'39" E FOR 6.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 38°54'391 E FOR 14.00 FEET; THENCE S 51°05'21" W FOR 113.00 FEET; THENCE N 38°54'39" W FOR 14.00 FEET; THENCE N 51°05'21" E FOR 113.00 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 1,582 SQUARE FEET, MORE OR LESS. 0 N N tel N W S N N N O N N 3 ET . Digitally signed by Darren Townsend ` Date: ATE OF G ORIDA • '��NOTES: .may ' 2022.03.16 ur"eyo� 15:15:31 -04'00' 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS THEREOF. 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 6, DARREN TOWNS END PROFESSIONAL SURVEYOR AND MAPPER PART 1, PLAT BOOK 9, PAGES 1-7. FLORIDA CERTIFICATE. NO. 6476 NOTTHE NOT VALID WITHOUT THE ATTACHED SKETCH OF DESCRIPTION. THIS IS NOT A SURVEY. SEAL OF ADFLO'RIDAUT LIC NSEODIGINAL SURVEYORNE ANDRMAPPEER. AIM Engineering& Surveying,Inc. SMIL-11034 - SMOF-2035 r�y 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 36374160006) FORT MYERS, FLORIDA 33901 www.aimengr.com DRAWN: CHECKED: CLIENT: PHONE (239) 332-4569 1S 3-9-22 DT 3-10-22 COLLIER COUNTY TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY. A I M LICENSED BUSINESS No. 3114 20-1121 28 49 S 26 E COLLIER SHEET 1 OF 2 16B1 e 177TCE LEGAL DESCRIPTION & SKETCH TEMPORARY CONSTRUCTION EASEMENT /'=',*^' 2701 53RD TERRACE S.W. (FOLIO NO. 36374160006) eti. NAPLES, FLORIDA EXHIBIT A 0 10 20 Page2of2 — II INTENDED DISPLAY SCALE: I" = 20' a �� z I � LOT 1, BLOCK 208 Q P.B. 9, PGS. 1-7 u ILj Q w o C) CC 1 ‘CCPOC: CO - o NORTHERNMOST CORNER CC C: o I LOT 12, BLOCK 207 -- GOLDEN GATE, UNIT 6 PART 1 CO Lfi Q W Q~ 6' D&PUE (P) U N51°05'21"E 125.00' < (/) 6' D&PUE (P) 538°54'39"E 6.00' — -I6.00' cz I W TEMPORARY N51°05'21"E 113.00' / 0 /� 0 co 6 o CONSTRUCTION PO B cc t o EASEMENT (r) 551°05'21"W 113.00' in N CO0 rh a a N Z w W NI 538°54'39"E LOT 12, BLOCK 207 0 acL P.B. 9, PGS. 1-7 14.00' E iDI FOLIO NO, 36374160006 I Ri 'N N G LEGEND: 0 ry D&PUE = DRAINAGE & PUBLIC UTILITIES EASEMENT N LB = LICENSED BUSINESS NO. OR # = NUMBER o (P) = AS SHOWN IN P.B. 9, PGS. 1-7 P.B. = PLAT BOOK o PGS. = PAGES I- ROB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT u a, R/W = RIGHT OF WAY 0 u NOTES: 0 R 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS THEREOF. N 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 6, PART 1, PLAT BOOK 9, PAGES 1-7. Q NOT VALID WITHOUT THE ATTACHED DESCRIPTION. THIS IS NOT A SURVEY. El AIM Engineering& Surveying, Inc. SMIL-11034 - SMOF-2035 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 36374160006) W i W FORT MYERS, FLORIDA 33901 www.aimengr.com DRAWN: CHECKED: CLIENT: PHONE (239) 332-4569 JS 3-9-22 DT 3-10-22 COLLIER COUNTY TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY: A I M LICENSED BUSINESS No. 3114 20-1121 28 49 S 26 E COLLIER SHEET 2 OF 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Coun Attome Office. Route to Addressee s (List in routing order) Office Initials Date 1. 3. County Attorney Office County Attorney Office n r N' _ V &I( -z-3 4. BCC Office Board of County R 6! Commissioners _ J91e/J 6/0( 3 5. Minutes and Records Clerk of Court's Office �n / . _21�3 (�! �& PRIMARY CONTACT INFORMATION 1 r l 0 f Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2/23/2010 16 B 1 Type of Document Number of Original Attached Subordination of Utility Interest Documents Attached 1 PO number or account number if document is See Check Attached to be recorded 4+1.I c r,. Y& Fen INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be n ,�n signed by the Chairman,with the exception of most letters,must be reviewed and signed (�`' by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes A is n made during the meeting have been incorporated in the attached document. The o�; County Attorney's Office has reviewed the changes,if applicable. RLG s 1" 9. Initials of attorney verifying that the attached document is the version approved by the p+ '} BCC,all changes directed by the BCC have been made,and the document is ready for the .i3 O p optio Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 INSTR 6419443 OR 6260 PG 2942 RECORDED 6/22/2023 10:57 AM PAGES 7 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$61.00 PROJECT: 90000—Big Cypress Parkway Parcels: 194FEE Folios: 00115200009 SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT,entered into this I& day of #1A 202-3 by and between COLLIER COUNTY,a political subdivision of the State of Florida, hereinafter called he "County", and LEE COUNTY ELECTRIC COOPERATIVE,INC.,a Florida not-for-profit corporation,whose mailing address is 4980 Bayline Drive,North Fort Myers, FL 33917, hereinafter called "Utility". WITNESETH: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway,stormwater management,and drainage purposes:and WHEREAS, the proposed use of these lands for highway, stormwater management, and drainage purposes will require subordination of the interest claimed in such lands by Utility to the County: and WHEREAS,the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of-way to prevent conflict between the County's use and the Utility's use,and for the benefit of each,and WHEREAS the County, in recognition of the Utility's interest in the certain lands, is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit "A",attached hereto and made a part hereof, NOW.THEREFORE,in consideration of the mutual covenants and promises of the parties hereto,Utility and the County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A"attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing, improving,maintaining and operating a highway,stormwater management.and drainage over,through,upon,and/or across such lands, based on the following: NATURE OF ENCUMBRANCE DATE RECORDED BOOK,PAGE Easement 12-15-1988 OR Book 1401,pg. 1736 The County and the Utility further agree that: I. "Public right-of-way", as used herein, shall mean that area which is described in Exhibit "A" and which includes the Utility's easements identified above and additional lands for public right-of-way,as described in Exhibit "A".attached hereto and made a part hereof. 2. The Utility shall have the right to construct,operate,maintain,improve,add to,upgrade,remove,and relocate facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right-of-way will be subject to prior approval by the County,which shall not he unreasonably withheld. 3. The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be reimbursed, either now or in the future, for additional relocation and/or adjustment of its facilities located presently or to be located on the public right-of-way described in Exhibit"A",if such relocation or adjustment is caused by present or future uses of the right-of-way by the County or its assigns, including,but not limited 6. This Agreement shall not be assigned by the County except to the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: . :70 • aalqr, BOARD OF COUNTY COMMISSIONERS CRYSTAL K.KINZEl,: ;lerk of the COLLIER COUNTY. FLORIDA Circui 'ourt& C omptr ler64%. BY: eputy Clerk RICK LoCASTRO,Chairman Attest as to Chan, sigriature only. Signed.sealed and delivered LEE COUNTY ELECTRIC COOPERATIVE. in the presence of: INC.,a Florida not-for-profit corporation By: 'ti ) � aUittaillth.../Cd•-�r- — By: DENISE VIDAL,EVP&CEO Print Name: cc X v d it, By: SeLA-gt; Print Name: J� a.ugkg- STATE OF FLORIDA,COUNTY OF LEE I hereby certify that on this day,before me,an officer duly authorized to take acknowledgements,personally appeared by means of physical presence or ❑ online notarization Denise Vidal, to me known and personally known to me to he the person described in,and did not take an oath and who executed the foregoing instrument as the EVP & CEO of Lee County Electric Cooperative, Inc., a Florida corporation and acknowledged before me thatJtc executed the same as such official in the name and on behalf of said Corporation. WITNESS my hand and official seal in the County and State aforesaid this tip day of .20g2.3 (affix notarial seal) . v S�tY PU¢( JULIE VAUGHN (Si• Notary ture of Pub ) Commission#HH 14318$ I/J * 't ) t m„ ',,, � Expires October 17,2025 � OF Fv Bonded TMu Budget Notary Unity (Print Name of Notary Pu '..) 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W O N W UM g 2 (a I z • illmZ -r o z L 41.1. n I 11.II Q N i 2 • fE S Exhibit A Page 4of5 AGNOLI BARBER & BRUNDAGE, INC. Professional Engineers, Planners & Land Surveyors Collier County:7400 Tamiami Trail N.-Naples,FL-34108 Ph.:(239)597-3111-Fax:(239)566-2203 LEGAL DESCRIPTION OF BIG CYPRESS PARKWAY PARCEL 9 ALL THAT PART OF SECTIONS 27,28 AND 34,TOWNSHIP 47 SOUTH,RANGE 28 EAST AND SECTIONS 3 AND 10,TOWNSHIP 48 SOUTH,RANGE 28 EAST,COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE AFORESAID SECTION 27; THENCE N 89°36'07"E ALONG THE SOUTH LINE OF SAID SECTION 27 A DISTANCE OF 10.00 FEET TO AN INTERSECTION WITH A LINE 10.00 FEET EASTERLY FROM AND PARALLEL WITH THE WEST LINE OF SAID SECTION 27 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED,SAID POINT OF BEGINNING OF PARCEL 9 HAVING A NORTHING COORDINATE VALUE OF 734026.62 AND AN EASTING COORDINATE VALUE OF 487790.51 BASED ON THE FLORIDA STATE PLANE EAST ZONE, 83/90 ADJUSTMENT; THENCE N 00°23'53" W ALONG SAID PARALLEL LINE A DISTANCE OF 347.01 FEET TO AN INTERSECTION WITH A LINE 10.00 FEET EASTERLY FROM AND PARALLEL WITH THE EASTERLY RIGHT-OF-WAY OF OIL WELL GRADE ROAD(100' R.O.W.); THENCE N 25°45'40"W ALONG SAID PARALLEL LINE A DISTANCE OF 5284.08 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD(200' R.O.W.); THENCE N 89°46'20"E ALONG SAID SOUTH RIGHT-OF-WAY A DISTANCE OF 221.65 FEET TO AN INTERSECTION WITH A LINE 210.00 FEET EASTERLY FROM AND PARALLEL WITH THE EASTERLY RIGHT-OF-WAY OF OIL WELL GRADE ROAD; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY S 25°45'40"E ALONG SAID PARALLEL LINE A DISTANCE OF 3850.77 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2000.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°35'00"AN ARC DISTANCE OF 159.99 FEET; THENCE S 30°20'39"E A DISTANCE OF 567.01 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 2200.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°11'59"AN ARC DISTANCE OF 1274.77 FEET TO AN INTERSECTION WITH SAID EASTERLY RIGHT-OF-WAY; THENCE S 25°45'40"E ALONG SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 30.40 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS S 89°39'13"W AND HAVING A RADIUS OF 2760.00 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°38'03"AN ARC DISTANCE OF 319.57 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 7390.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°39'02"AN ARC DISTANCE OF 857.79 FEET TO AN INTERSECTION WITH A LINE 210.00 FEET EASTERLY FROM AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF THE AFORESAID SECTION 34; THENCE S 00°21'47"E ALONG SAID PARALLEL LINE A DISTANCE OF 1216.56 FEET; THENCE S 00°21'39"E ALONG A LINE 210 FEET EASTERLY FROM AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34 A DISTANCE OF 2633.27 FEET; THENCE S 00°24'53"E ALONG A LINE 210.00 FEET EASTERLY FROM AND PARALLEL WITH THE me r T rKT>✓n1r mrn T•Tnt'TuVITPCT/ITTAWPM? (1F TT-TF AF(IRFRATT)RRf'TTON 3 A DISTANCE.OF 2655.06 / m x \ 0 m L L� 0 w0 wF ww 0 < V U o.+5 . N w J < '0 UN mJO'0 yBEno V C m/ \ +' O o €N z cJ>�zo=a xl NI a S g Ai w 1.� v a e. _ co w Z� J* Z�>c6t��F A E owty �. 114, DI • w ..,0 ¢ WO U V W �d m Um & n a pp� (Q wo �m �z awzzw w ,( m m v o „m• o a xm NNIR $ ¢1ai Z NU700 N N i mp r p �F! o �1 p Z 0' WaFJ1+- UU' m O O O m u' (�..i p'w YES. d1 {_L a Oo o_' m¢am¢N Zz n F. n n n m m r o «fKKK�� a rES RN zl z=ggo L'ZZ ' Z Z i i Z i i z z F1 m w A� N y 2Sa Lu mw as Ww¢Na 8*, z n n o `� a N m 'n a. d PS -e-.-8 n g3i z pp 7p�'wLJ wwa ui Oi r O .A f; vi O _ / xa ZR nz zN< oow m 0 (.31 0 0 0 n o 0 aI w ¢c� yo U0d¢a rr 1. m m m m m m m r A z W egd �� �xx vlw oa p�dJw zz� m z-� N Z Qz J z¢wwm O0j - amw L.gg Q QU ¢z K a a aF _ 1.i ui . 1.i Li 4i Lai Li Li W w (y' CI 4131 o a' za caw WO ..CZ Hp-, w Z sw„ �0 �Fw II u u II n II n II u II z wnow tim N 7 v m m n m rn W �� z a o a O� wZ w�OQa' Oow J J J J J J J J J p UN �¢ �Ouwo a:am U U U U U U U U U �" QjQ�ova w � u�,8 z . a ¢ ¢ 6 ¢ a a a < U 0 .- (.i ri of 1ri . a a a a a a a a a .j o a... /\ 0 ❑ �: o 0//' O _ / a O ^ �i * w Z / � 1 — USy ` ( . - i N a Z 0 ZZ v /.- U � w v v ' Q W ao �'/ W m 8 /;/ N S c- > Li -B ° • ca ..,..::::/- a /'/ ~ 2 /:� w o 03 Z mpNNN FW M 0 a'.y ww w 33 3 Q o ppOo-,o Z Z- <N O O � cIAnipNNn - 1 W O 08OgY,,mooc U U mNjvvnmwzzz op sr • Z N h r m m n m w El. 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S a Exhibit A Page 5of5 THENCE S 00°25'28"E ALONG A LINE 210.00 FEET EASTERLY FROM AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3 A DISTANCE OF 2650.05 FEET; THENCE S 00°24'42"E ALONG A LINE 210.00 FEET EASTERLY FROM AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF THE AFORESAID SECTION 10 A DISTANCE OF 2653.20 FEET; THENCE S 00°25'50"E ALONG A LINE 210.00 FEET EASTERLY FROM AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 DISTANCE OF 242.07 FEET; THENCE LEAVING SAID PARALLEL LINES 51°59'09"W A DISTANCE OF 106.63 FEET; THENCE S 89°34'10"W A DISTANCE OF 115.50 FEET TO AN INTERSECTION WITH A LINE 10.00 FEET EASTERLY FROM AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE N 00°25'50"W ALONG SAID PARALLEL LINE A DISTANCE OF 307.17 FEET; THENCE N 00°24'42"W ALONG A LINE 10.00 FEET EASTERLY FROM AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10 A DISTANCE OF 2653.15 FEET; THENCE N 00°25'28"W ALONG A LINE 10.00 FEET EASTERLY FROM AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF THE AFORESAID SECTION 3 A DISTANCE OF 2650.08 FEET; THENCE N 00°24'53"W ALONG A LINE 10.00 FEET EASTERLY FROM AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 A DISTANCE OF 2655.25 FEET; THENCE N 00°21'39"W ALONG A LINE 10.00 FEET EASTERLY FROM AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF THE AFORESAID SECTION 34 A DISTANCE OF 2633.26 FEET; THENCE N 00°21'47"W ALONG A LINE 10.00 FEET EASTERLY FROM AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34 A DISTANCE OF 2633.12 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 34 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 90.41 ACRES. REF.ABB DWG#12328-SD9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 8 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to he forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Nionday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 3. County Attorney Office County Attorney Office e 8/23/2023 4. BCC Office Board of County Commissioners (g. ft 5. Minutes and Records Clerk of Court's Office AW 2-ii/ PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was 2010-39 Agenda Item Number 16 B 1 2-23-10 Approved by the BCC Type of Document Number of Original Attached Documents Attached PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A S. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG -- 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A 8. The document was approved by the BCC on 2/23/2010 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. R.LG 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I: Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03,04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16B 1 Project: 50238 17th/23!"/Keane Parcel: 88888-185TCE Folio: 00333280005 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this _ day of ? i.. 20/__;,, by and between ROBERT M. OLESKI, a single person, individually and as Trustee of The Robert M. Oleski Trust, dated February 13, 2018, whose mailing address is 2330 Brantley Boulevard, Naples, Florida 34117. (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns. whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples. Florida 34112 (hereinafter"the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes. on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County. unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 1 6 B 1 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of 17th St SW & 23rd St SW @ Keane Ave Culvert Replacement Project 50238 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein: and this written Agreement, including all • exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings. promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. (Signature Page to Follow) 1 6 B 1 :,, IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: 7/ZS/t 3 ATTEST: CRYSTALK KKN ZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Cowl &*Comptroller COLLIER COUNTY, FLORIDA BY: BY: Attest as to ChairMarfs,�I 4aity CJerk RICK LoCASTRO, Chairman signature only AS TO OWNER: DATED: dS k I �3 " ""1 a_,L5t r Witness ( ignature) R BERT M. OLESKI, Individually and as Trustee of The Robert M. ,//,Ems Oleski Trust dated 2-13-18 Name (Print or Type) r 1 Witness (S(`ignat re) LQh'.e_l LJ . \coneS Name (Print or Type) A oved as to form and legality: fiP c) 17 DEREK D. PERRY, ES `�\l/ Assistant County Attorn Last Revised 1/5/23 168 I It\2921\2021121\51170113\21121 St CCZ OLE RI3INg 5/3/202J a-I43J AN RAW by:AmpWon TE-ROW 1 85TC E -- ROAD -- 14 0 15 30 5/25/23 1 30.0' EASEMENT ROAD 1"-30' EASEMENT H - f- - - - - - I cn 1 cV 55 0' DRAINAGE EASEMENT I - - EAST -- - - 55.0' KEANE AVE. NORTH (UNRECORDED) 32.0' 1 1/2, NW 1/4, NW "/L, NW '/4 SEC 30-49-27 PARCEL NO. 00333280005 OLESKI, R. LEGAL DESCRIPTION: THE EAST 55.0 FEET OF THE NORTH 32.0 FEET OF THE EAST 1/2, NORTHWEST 1/4, NORTHWEST 1/4, NCRI-IW'.ST 1/4 OF SECTION 30, TOWNSHIP 49 SOUTH, RANGE 27 EAST. COLLIER COUNTY, FLORIDA. CONTAINING 1762.15 SQUARE FEET. MORE OR LESS. HOLE MONTES, INC. CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 ,.. 11c,M. Als ,, >0 •••J.....u�'•p�sc*a E. •-` 5628 .. 3 Digitally signed by Tam = ^ e Murphy : o . STATE OF } f "'"` ' ' '�ti'�f I-•. Date:2023.05.12 a Ass°•,FLORIDA r BY 11:14:50-04'00' LS5628 y°`,°'�o/•SU.��yol•e. THOMAS M. MURPHY STATE OF FLORIDA '''•'am,,,,,,,,n NOT A SURVFY - DRA'M1 Y: DATE 950 Encore Way DRAWING NO. BEN/JNH 5/5/2023 Naples, FL. 34110 SKETCH AND LEGAL DESCRIPTION H-2113 SHEET 1 OF SHEET Phone: (239) 254-2000 PROJE21 N121 H L p l I Florida Certificate of KEANE AVE & 23RD FILE NAME 30-49-27 Authorization No.1772 11121 St OCE OLE 1149 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office OOP 0, -r,1123 4. BCC Office Board of County Commissioners 12L(//13// 3/L3 5. Minutes and Records Clerk of Courts Office ...oJ�W i se PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2/23/2010 16 B l Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. RLG 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the r Chairman's signature. 1J J I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Project: 51029 Golden Gate City Stormwater Parcel: 250TCE Folio: 36233960004 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referre to as the "Agreement") is made and entered into on this / fday of , 20 by and between OGE ZEPHIR and MARIE JOSE ZEPHIR DALBE S, husband and wife, whose mailing address is 1770 55th Street SW, Naples, FL 34116, (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. CAO 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE -This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: , ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA BY: BY: , Deputy Clerk RICK LoCASTRO, Chairman Attest as to Chairman's signature only AS TO OWNER: DATED: rr�y oz5 ness (Signature) OGEE'ZEP IIR Name ( 'nt or Type) Witness (Signa re) MARIE JOSE ZEP IR DALBERUS Name (Print or Type) Approved as to form and legality: DEREK D. PERRY, ESQ. 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N 0 "1 im• rn mN z Zrm-Z N Iv - 0 N ZZ 'I XI O, 0 n -< LA ON X 1L l-, La �Z x• �� -1 O • m cn { A v rr7=A 0{ O N rD (��D T` (�D y �[l rl 0 p m m G� I�r I C��DO W D.0 ' m m� �rn0 m ~ z �z I v xi Ph VI cm 7)> m C z "l z 0m> o m m z m 0 r) Al, 0 LIST & ROUTING A \� ORIGINAL AC OMPANY ALL ORIGINAL�DOCUMENNTS SE T TOLIP 1 6 B THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office t e time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later an Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. Deputy Clerk Clerk of Courts 3 County Attorney Office County Attorney Office O or 1 o z 3 4. BCC Office Board of County Commissioners �L`y �' -i/1 iI Zj 5. Minutes and Records Clerk of Court's Office / �� rn ip(p) � o- PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Craig Brown Growth Management, Phone Number (239)252-2548 Contact/ Department Development Review Agenda Date Item was 2/23/2010 Agenda Item Number Item 2010-39(16.B.1) Approved by the BCC Type of Document Resolution Number of Original 1 Document Attached Documents Attached PO number or account 131-138326-649030 number if document is Clerk to Email receipt to payment to to be recorded Lucia.Martingcolliercountyfl.gov INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? CB 2. Does the document need to be sent to another agency for additional signatures? If yes, CB provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be CB signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the CB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 2/23/2010 and all changes made during the meeting have been incorporated in the attached document. The County 00 P Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the P Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Receipt# 008736782 7/14/2023 12:43:33 PM ,,,:kC�,ltiT Crystal K. Kinzel � Clerk of the Circuit Court and Comptroller gqn— g Customer Deputy Clerk Clerk Office Location INTEROFFICE Steven M. Sanchez Collier County Govt. Center CLERK TO THE BOARD/MINS Recordinghelp@Collierclerk.com Building LA, 2nd Floor & REC (239)252-2646 3315 Tamiami Trl E Ste 102 3299 TAMIAMI TRL E STE 401 Naples, Florida 34112-4901 NAPLES, FL 34112 1 Document Recorded DOC TYPE INSTRUMENT BOOK PAGE AMOUNT Easement 6428680 6268 1759 $70.20 TOTAL AMOUNT DUE $70.20 Clerk Account#: BCC ($70.20) BALANCE DUE $0.00 Note: 7/14/2023 12:43:33 PM Steven M. Sanchez: CHARGE ACCOUNT: #131-138326-649030 DEPARTMENT: GMD Disclaimer: All transactions are subject to review/verification. The Clerk reserves the right to correct for clerical errors and to assess or refund charges as needed. ©dB ® l@g 1f Page 1 of 1 16 13 THIS INSTRUMENT PREPARED BY&RETURN TO: NAME: DAVID E. TORRES C/O TORRES FAMILY HOLDINGS, LLC ADDRESS: 7742 ALICO ROAD FORT MYERS,FL 33912 INSTR 6428680 OR 6268 PG 1759 RECORDED 7/14/2023 12:43 PM PAGES 8 PARCEL I.D. # 00737000001 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA DOC@.70$0.70 REC$69.50 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this 28th day of June, 2023, by Torres Family Holdings, LLC , as Grantor, whose address is 7742 Alico Road, Fort Myers, Florida 33912, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the "parties." WHEREAS, [Grantor] Torres Family Holdings, LLC. is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" [include a Plat Book and Page reference in Exhibit "A"] attached hereto (hereinafter referred to as the "property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind Torres Family Holdings, LLC and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit "B" (the Easement Property). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. Torres Family Holdings, LLC its successors, heirs, assigns and/or transferees, hereby grants a non-exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing Revised 2/13/2019 1 1681 of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 3. Torres Family Holdings, LLC., its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. Revised 2/13/2019 2 16814 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sea d an delivered in the presence of: WITN Torres Family Holdings, LLC Prised Name: 6 � y ,L/S15 11,1 ..o/v By: Printed Name:Tvne Iq M .50,hroob id E. Torres Manager Revised 2/13/2019 3 1bB11 STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrument was subscribed, sworn and acknowledged before me this 2$ day of To n c , 20 2.3 , by [authorized signor of Grantor entity] O. Da v tci E Tarces , as [title] 1')ana c f for [entity] To Frei Family f-1-o kiln 5 LLG , and who is IV] personYly known to me or [ ] who produced as identification. JQ)yyjci/9/3 0)1111/1412 -_ NOTARY PUBLIC Printed Name:(Gtmela H. sakfOcieK My Commission Expires: <•►?+.;* TAMELA M.SCHRODER 1. , 14 MY COMMISSION#HH 121444 =S jam`-�q': EXPIRES:April 25 2025 y�EO SOP:Bonded Thu Notary Public Unde wr Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: Ise, / . D u y� Clerk Rick LoCastro, Chairperson .� Attests t0"-calt'S THIS CONVEYANCE ACCEPTED BY THE BOARD OF '-r COUNTY COMMISSIONERS, COLLIER COUNTY, •. FLORIDA, PURSUANT TO AGENDA DATED 2/23/2010, A Y' ITEM NO. 16.B.1, RESOLUTION NO. 2010-39 i'r/a,A ; Approved as to form and Le I ufficienc : 0 "/1/(A/ PE2FK D. PP2r y Assistant County Attorney CP\11-ENS-00442\4 Revised 2/13/2019 4 1691 EXHIBIT A 16B1 K. E. TRASK, P.A. LAND SURVEYORS A PARCEL LYING IN SECTION 12,TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (TORRES FAMILY TRUST CPUD (PDI)) A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, BEING A PART OF THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4869, PAGE 2269, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 12; THENCE S.01°01'01"W. ALONG THE WEST LINE OF SAID SECTION 12 AND THE BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4869, PAGE 2269, FOR 328.34 FEET;THENCE S.88°59'56"E.ALONG SAID BOUNDARY AND THE BOUNDARY OF IMPERIAL WILDERNESS CONDOMINIUM, SECTION THREE AS SHOWN ON CONDOMIMIUM BOOK 31 PAGE 47-49, SAID PUBLIC RECORDS, FOR 329.99 FEET; THENCE N.00°55'27"E. ALONG SAID BOUNDARY AND SAID CONDOMINIUM BOUNDARY FOR 560.34 FEET TO THE BOUNDARY OF THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 1011, PAGE 1890,SAID PUBLIC RECORDS;THENCE N.89°04'33"W.ALONG SAID BOUNDARY FOR 10.00 FEET;THENCE N.00°55'27"E.ALONG SAID BOUNDARY FOR 5.35 FEET TO THE BOUNDARY OF THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 1011, PAGE 1885, SAID PUBLIC RECORDS; THENCE N.89°04'33"W. ALONG SAID BOUNDARY FOR 7.94 FEET; THENCE N.00°55'27"E.ALONG SAID BOUNDARY FOR 106.91 FEET TO THE SOUTH RIGHT OF WAY LINE OF TAMIAMI TRAIL EAST(U.S. 41—S.R.45);THENCE N.54°25'25"W.ALONG SAID RIGHT OF WAY LINE FOR 377.86 FEET TO SAID WEST LINE OF SAID SECTION 12 AND SAID BOUNDARY OF THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4869, PAGE 2269;THENCE S.00°59'41"W. ALONG SAID WEST LINE AND SAID BOUNDARY FOR 558.67 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 252986.82 SQUARE FEET, 5.81 ACRES, MORE OR LESS. BEARINGS ARE BASED ON THE WEST LINE OF SECTION 12 AS BEARING S.01°01'01'W. K.E.TRASK, P.A. APRIL 3, 2023 FLORIDA LICENSED BUSINESS LB8450 Kenneth E. Digitally signed by Kenneth E. Trask Trask Date:2023.04.06 11:44:09 -04'00' KENNETH E.TRASK PROFESSIONAL LAND SURVEYOR FLORIDA LICENSE LS4684 12345 Blasingim Road • Fort Myers, FL 33966 SHEET 1 OF 2 1681 I ��� T,9M SKETCH TO 1q'71, ACCOMPANY '91‘ DESCRIPTION q SO& �S>r• ST OF A PARCEL LYING IN e°G�q9}/t4sII- �!S SECTION 12, TOWNSHIP 51 SOUTH, °4'NFT `I'? • 1 RANGE 26 EAST, Res9 A4��e� S� COLLIER COUNTY, FLORIDA. z,,s9/4 Rs, N LESS AND co co EXCEPT PARCE� (OR 1011, PG 1885) I- A v `BLESS AND n EXCEPT PARCEL o (OR 1011, PG 1890) 0 N L3"7/ L2 L1 LINE TABLE L1 N89'04'33"W 10.00' L2 N00'55'27"E 5.35' 60.00 ROADWAY I —I L3 N89'04'33"W 7.94' EASEMENT L4 N00'55'27"E 106.91' (O.R. 185, PG. 466) SUBJECT PARCEL IMPERIAL WILDERNESS CONDOMINIUM, PART OF SECTION THREE OR 4869, PG 2269 (CB 31, PG 47-49) 252986.82 SQUARE FEET 5.81 ACRES, MORE OR LESS 0 ,) t0.1 o N a M LEGEND P.O.B. a; W. 1/4 CORNER , u, P.O.C. POINT OF COMMENCEMENT SECTION 12 CO P.O.B. POINT OF BEGINNING o w LS LICENSED SURVEYOR Cs) LB LICENSED BUSINESS 'n OR OFFICIAL RECORDS BOOK Q 0 PB PLAT BOOK 5 u o Z CB CONDOMINIUM BOOK m o 0 m PG PAGE ,o m o 13cm o N.'XI0 O, Z N CO N CM 4: THIS IS NOT A BOUNDARY SURVEY Kenneth E.Trask TTrDigitally signed by Kenneth E. m I�M Date:2023.04.0611:43:50-04'00' 4. TO w �m KENNETH E. TRASK DATE ni u PROFESSIONAL LAND SURVEYOR F-Fizz, FLORIDA LICENSE NO. LS4684 O�c ? L BOUNDARY OR 4869, PG 2269 K.E. Trask, P.A. S88'59'S6"E 329.99' Land Surveyors IMPERIAL WILDERNESS CONDOMINIUM. Florida Licensed Business No. LB8450 SECTION THREE 12345 Blasingim Rood (CB 31, PG 47-49) Fort Myers, Florida 33968 (239)980-1495 dote 4-3-23 I18-24SK-BND I�1"=100' I lm�16-24 12 OF 2 i681 EXHIBIT B 1 6 B 1 K.E. TRASK, P.A. LAND SURVEYORS AN EASEMENT LYING IN SECTION 12,TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (CONSERVATION EASEMENT) AN EASEMENT SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, BEING OVER AND ACROSS THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4869, PAGE 2269, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 12;THENCE S.01°01'01"W.ALONG THE WEST LINE OF SAID SECTION 12 AND THE WEST LINE OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4869, PAGE 2269,FOR 328.34 FEET;THENCE S.88°59'56"E.ALONG THE SOUTH LINE OF SAID PARCEL FOR 30.00 FEET TO THE EAST LINE OF A 60.00 FOOT WIDE ROADWAY EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 185, PAGE 466, SAID PUBLIC RECORDS; THENCE N.01°01'01"E. ALONG SAID EASEMENT LINE,FOR 26.00 FEET TO THE POINT OF BEGINNING;THENCE CONTINUE N.01°01'01"E.ALONG SAID EASEMENT LINE FOR 85.00 FEET;THENCE S.88°59'56"E. FOR 170.41 FEET;THENCE N.17°36'17"E.FOR 151.31 FEET; THENCE S.88°59'56"E. FOR 59.98 FEET; THENCE S.00°55'27"W. FOR 230.00 FEET; THENCE N.88°59'56"W. FOR 273.95 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 35125.20 SQUARE FEET, 0.81 ACRES, MORE OR LESS. BEARINGS ARE BASED ON THE WEST LINE OF SECTION 12 AS BEARING S.01°01'01"W. TRASK SURVEYING, P.A. FEBRUARY 7, 2023 FLORIDA LICENSED BUSINESS LB8082 Digitally signed by Kenneth E. Kenneth E.Trask Trask Date'2023.02.07 1120:08-05'00' KENNETH E.TRASK PROFESSIONAL LAND SURVEYOR FLORIDA LICENSE LS4684 SHEET 1 OF 2 12345 Blasingim Road • Fort Myers, FL 33966 i681 A N SKETCH TO xiMlgiyfT ACCOMPANY A. •r DESCRIPTION F SST OF AN EASEMENT LYING IN (i SECTION 12, TOWNSHIP 51 SOUTH, S• • 9r RANGE 26 EAST, 'SR COLLIER COUNTY, FLORIDA. Its t LINE TABLE LINE BEARING DISTANCE L1 S88.59'56"E 30.00' L2 N01'01'01"E 26.00' 60.00 ROADWAY I I L3 N01'O1'01"E 85.00' EASEMENT L4 S88.59'56"E 59.98' (O.R. 185, PG. 466) PARCEL DESCRIBED IN LEGEND OR 4869, PG 2269 P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING LS LICENSED SURVEYOR LB LICENSED BUSINESS P.O.C. O.R. OFFICIAL RECORDS BOOK W. 1/4 CORNER SECTION 12 P.B. PLAT BOOK C.B. CONDOMINIUM BOOK L4 PG. PAGE zz ^'/ 0�A N V! 0 9./ 1 �>r O OcsnZ 0 ;IQ ,I O rn mm or0m / 0 0 tn-I W i THIS IS NOT A BOUNDARY SURVEY N NmZ W =' N S88.59'S6"E 170.41' i `� CDQ — J u1 P 0 Kenneth E. Trask Digitally signed by Kenneth E.Trask m its SUBJECT to Date:2023.02.07 11:19:52-O5'00' ro .moo -J EASEMENT KENNETH E. TRASK DATE s,vmA P.O.B. PROFESSIONAL LAND SURVEYOR "� � FLORIDA LICENSE NO. LS4684 N mom I N88'59'56"W 273.95' J ox 1 J ? L1 - K.E. Trask, P.A. 1 / IMPERIAL WILDERNESS Land Surveyors S. LINE CONDOMINIUM, Florida Licensed Buaineee No. LB8450 PARCEL DESCRIBED IN (OBE3110NPG.THREE49) gim Road OR 4869, PG 2269 Fort 12345 Blaein Myers, Florida 33966 (239)980-1495 date 2-7-23 I16-249(-PRESI�1"=100' I�°'16-24 I 2 OF 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exce tion of the Chairman's si nature,draw a line throw h routin lines#1 throw h#2,corn lete the checklist,and forward to the Coun Attorney Office. Route to Addressee s (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 0 D IQ �1 lictfri 4. BCC Office Board of County !J Commissioners , m S1 7/2 7/z, 5. Minutes and Records Clerk of Court's Office , �/2�1 1d;d3 PRIMARY CONTACT INFORMATION ( ` Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was 2010-39 Agenda Item Number 16 B 1 2-23-10 Approved by the BCC Type of Document Number of Original Attached Documents Attached PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. RLG 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the (n 0 Chairman's signature. `�' I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16B1 Project: 50238 17th/23rd/Keane Parcel: 88888-185TCE Folio: 00333280005 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this Gy�/-4 day of 1-;11yy , 2075 by and between ROBERT M. OLESKI, a single person, individ sally and as True of The Robert M. Oleski Trust, dated February 13, 2018, whose mailing address is 2330 Brantley Boulevard, Naples, Florida 34117, (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter"the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 16B1 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of 17th St SW & 23rd St SW @ Keane Ave Culvert Replacement Project 50238 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. (Signature Page to Follow) C>.O 16B � IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: 7/2 5/Z3 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court'& Cbif troller COLLIER COUNTY, FLORIDA BY: ®®/ . fe_.) BY: Attest as to Cha p n's E . RICK LoCASTRO, Chairman �= yr,'�lerk sicra' ,e u ,ty AS TO OWNER: DATED:kjLJ Witness (Signature) BERT M. OLESKI, Individually and as Trustee of The Robert M. Oleski Trust dated 2-13-18 Name (Print or Type) Witness (Signat re) Jah:,e Lt) . \oh e-S Name (Print or Type) oved as to form and legality: E . PERRY, ESQ. Assistant County Attorney AV Last Revised 1/5/23 16B1 H:\2021\2021121\SKEICHS\21I2t SL GCE OLE Meg 5/5/2023&44:33 AM Plotted by:JoeephHmm 30.0' TE-ROW 1 85TCE ROAD N 0 15 30 5/25/23 30.0' EASEMENT 7-- ROAD 1"=SO' EASEMENT E 0 L N 55.0' DRAINAGE EASEMENT 1 J r 1 EAST y 55.0' KEANE AVE. NORTH (UNRECORDED) 32.0' 1 J E 1/2, NW 1/4, NW 1/4, NW 1/4 SEC 30-49-27 PARCEL NO. 00333280005 OLESKI, R. LEGAL DESCRIPTION: THE EAST 55.0 FEET OF THE NORTH 32.0 FEET OF THE EAST 1/2, NORTHWEST 1/4, NORTHWEST 1/4, NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 1762.15 SQUARE FEET, MORE OR LESS. HOLE MONTES, INC. .a,,"'e"""e,,,.` CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 `,���,�,,o�PS.M. A ,,,�� -jo�A,,���, 5628 p Digitally signed by Tom - :% ; O •; STATE OF , Q...7 Murphy s '•.•FLORIDA.:'moo cs� _ t'7"'Z'- Date:2023.05.12 I's , % a - BY 1114:50-04'00' LS5628 • ;°�Surveyot °0••0,,, THOMAS M. MURPHY STATE OF FLORIDA '''ruum,,,emttO * NOT A SURVEY * DRAWN BY: DAZE: 950 Encore Way DRAWING NO. BEN/JNH 5/5/2023 Naples, FL. 34110 SKETCH AND LEGAL DESCRIPTION H-2113 SHEET i OF SHEEP IIHNI* PROJECT Phone: (239) 254-2000 CT NO. 121 Florida certificate of KEANE AVE & 23RD FILE NAME SEC-TNN-RGE HOLE_MONTES Authorization No.1772 30-49-27 t1121 SL GGE OLE R1 dr, ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 13 41 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routingdines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 9j9 P S 1 1(1 I Z3 4. BCC Office Board of County Commissioners air 73//g f 23 5. Minutes and Records Clerk of Court's Office �7 . SY/ PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ronald Thomas Phone Number 252-5861 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 02/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RT 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RT 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RT 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 and all changes made RT during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Doe Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1b8i .. Project: 50238 17th/23rd/Keane Parcel: 88888-179TCE Folio: 45971840008 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter ref rred to as the "Agreement") is made and entered into on this if' day of , 2023, by and between TOPIARY CREATIONS OF S.W. FLORIDA, L.L. ., a Florida limited liability company, whose mailing address is do Sixto San Juan Ventura, 2430 17th Street SW, Naples, FL 34117 (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. c p,o 1681 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of 17th St SW & 23rd St SW @ Keane Ave Culvert Replacement Project 50238 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE -This Agreement is governed and construed in accordance with the laws of the State of Florida. I B1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: r////)-) ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA BY: BY: Decputy Clerk RICK LoCASTRO, Chairman Attest as to ha�rman's it.._ signature only AS TO OWNER: TOPIARY CREATIONS OF S.W. FLORIDA, L.L.C., a Florida limited liability company D_ ATED: _ ^ _aC1);( Witness Si nature ( 9 ) SIXTO SAN JUAN VENTURA, Manager C.)0.-v\‘‘L W AS Name (Print or Type) Witness i a ure) Name (Print or Type) App o ed as to form and legality: DEREK D. PERRY, ESQ. Assistant County Attorney )I 162 ! H:1202112021121\5 121121 SL 7R136 B1.dn9 5/30/2023 9:49:37 AY Plotted by..bwDhlbm TE-ROW 1 79TCE EXHIBIT A N 0 ,s so Page 1 of 1 6/15/23 1"=30' I TRACT 136 GOLDEN GATE ESTATES I I UNIT NO. 195 30.0' P.B. 7, PG. 102 -.- ROAD —0'- 30.0' EASEMENT -•--- ROAD --a,- PARCEL NO. 45971840008 EASEMENT TOPIARY CREATIONS OF SW FL, LLC I WEST 90.0' H- Un EAST I— 60.0' r I — NORTH f 10.0' L } T SOUTH 65.0' 55.0' I I DRAINAGE EASEMENT I I 1 y <EA\- AVE. (UNRECORDED) LEGAL DESCRIPTION: THE EAST 60.0 FEET OF THE WEST 90.0 FEET OF THE NORTH 10.0 FEET OF THE SOUTH 65.0 FEET OF TRACT 136, GOLDEN GATE ESTATES, UNIT NO. 195, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 102, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 600.56 SQUARE FEET, MORE OR LESS. HOLE MONTES, INC. `..oaumnuun�y�i CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 ��.O�PS_M. 414_ :v,;se 5628u�6--%y�t F. Digitally signed by Tom Murphy s o STATE OF Q .1 ,,4.- , . Date:2023.05.31 co FLORIDA , 09:16:06-04'00' LS5628 1. s/ /•........... BY THOMAS M. MURPHY STATE OF FLORIDA ,,��'on,,;;;yu.o``�°,, * NOT A SURVEY * DRAWN BY: DATE: 950 Encore Way DRAWING NO. BEN/JNH 5/5/2023 - — Naples, FL 34110 SKETCH AND LEGAL DESCRIPTION PEA 6 SHEET) OF SHEET Phone: (239) 254-2000 21.121 NO. 1 1 Florida Certificate of ,�, KEANE AVE & 17TH T112 MANE SE0-1WN4 — 30-49-27 HOLE ONTF , Authortzation No.1772 21121 Sl 1R136 R1 i ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 S 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 0 OP 11E143 4. BCC Office Board of County Commissioners a 4A/ 5/12/z3 5. Minutes and Records Clerk of Court's Office ` „ F 0I1- 3 9 • 510 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ronald Thomas Phone Number 252-5861 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 02/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RT 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RT 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RT 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 and all changes made RT during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the .0( BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. l:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1681 Project: 50238 17th/23rd/Keane Parcel: 88888-181TCE Folio: 45969000009 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this /5!1 day of fiVG.UST , 2023, by and between G. PERSAUD and GOUMATTIE PERSAUD, husband and wife, whose mailing address is 183 Spook Rock Road, Suffern, NY 10901 (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter"the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 1681 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of 17th St SW&23rd St SW @ Keane Ave Culvert Replacement Project 50238 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE -This Agreement is governed and construed in accordance with the laws of the State of Florida. 1681 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: ,,L 3- (?,k)3 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA BY: f69BY: ' , Deputy Clerk RICK LoCASTRO, Chairman Attest as to Chairman's AS TO OWNER: signature only DATED: c. itne s (Signature) . PERSAUD Cube-c/C 414 A'tee'r' Name ('Print or Type) .„------ .., az,,,e,„... ,' _________hi' Witness (Si ure / GOUMATTIE PERSAUD G:-U%•14-7 D Zs4,z)��ric Name (Print or Type) Approv9d as to form and I ality: /0 DER K D. PERRY, ESQ. Assistant County Attorney '1 ti`v Last Revised 1/5/23 • 1 6 B 1 N:y2o2r\2o21121\sKErcHEs\2112t SL TR103.d.y 10/10/2022 3311. AoNed by Jo m TE-ROW 181 TCE EXHIBIT A Pij 0 15 30 12/22/22 Page 1 of 1 i 14TTTTT 1"=30' TRACT 103 GOLDEN GATE ESTATES UNIT NO. 195 { P.B. 7, PG. 102 { { 30.0' -6-- ROAD —6— PARCEL NO. 45969000009 30.0' EASEMENT PERSAUD, G ROAD EASEMENT EAST ( { 90.0' { { ___-----.1 (I) NORTH 30.0' I WEST . f 60.0' (\ i — { i SOUTH 85.0' 55.0' DRAINAGE EASEMENT { { - I K EAN E AVE. I (UNRECORDED) LEGAL DESCRIPTION: THE WEST 60.0 FEET OF THE EAST 90.0 FEET OF THE NORTH 30.0 FEET OF THE SOUTH 85.0 FEET OF TRACT 103, GOLDEN GATE ESTATES, UNIT NO. 195, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 102, OF THE PUBLIC RECORDS OF COLDER COUNTY, FLORIDA. CONTAINING 1,800.00 SQUARE FEET, MORE OR LESS. HOLE MONTES, INC. , umm,„0 CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 p,5 A9U '+1 , '�p...eF. N 6' s 2'51 Wm a 3 a STATE OF C A. a (+� -Dl DY signed by Tom Murphy JA ra a: y J� ['Ai-.2022.1221 09:38.05-05'00' • 'Qr t s BY LS5628 �'.� / THOMAS M. MURPHY STATE OF FLORIDA ���''+anrr„„r..��`0��� * NOT A SURVEY * DRAWN BY: DATE: 950 Encore Way DRAWING NO. BEN/ 10/10/22 :;x Naples, FL. 34110 SKETCH AND LEGAL DESCRIPTION PROJECT NO.H211 SHEET OF SHEET Phone: (239) 254-2000 t 121.121 ___ .. n.,.:,+.. co.+rf;.-.,+o nf yr A ur �;ir 9. 1 DTI 1 .,,„ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney otlice no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the excepunn ul the I hiiruiyt's signature,dww a lint through rourni!lines4l through complete the checklist and iurwurd to the County Attorney Office. Route to Addressee® (List in routing older) Office Initials Date 1. -- 2. _� 3. County Attorney Office County Attorney Office 8/23/2023 4. BCC Office Board of County Commissioners RC laf/43L 42* 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created prepared the Executive Summary Primary contact information is needed in the event one of the addre;,ec,;,t,vc,!nay nerd to contact%tal for additional or missing infirtnau,m • Name of Primary Staff Robin L.Goldsboro -- ` Phone Number 252-5880 ! Contact/Department Transportation Engineering-ROW Agenda Date Item was 2010-39 Agenda Item Number 16 B 1 2-23-10 Approved_y the BCC Type of Document Number of Original Attached Documents Attached PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, pros de the Contact information)(Name; Agency;Address; Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency (All documents to be signed by the Chairman,with the exception of most letters, must be reviewed and signed t the Office of the County Attorne). 4. Al,handwritten strike-through and revisions have been initialed by the County Attomey's Office and all other parties except the BCC Chairman and the Clerk to the Hoard N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ncgntiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the IiCC's actions are nullified. Ile aware of your deadlines! N/A 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has res ir►r,ed the changes,if applicable. RLG 9. Initials of attorney verifying that the attached document is the version approved by the -1-)p BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's si""nature I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Project: 50238 17t'/23rd/Keane Parcel: 88888-185TCE Folio: 00333280005 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this G✓;"/u day of T�11Ly , 20^' by and between ROBERT M. OLESKI, a single person, individually and as Truee of The Robert M. Oleski Trust, dated February 13, 2018, whose mailing address is 2330 Brantley Boulevard, Naples, Florida 34117, (hereinafter "Owner') and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112(hereinafter"the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter"the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. Cq{ 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of 17th St SW & 23rd St SW @ Keane Ave Culvert Replacement Project 50238 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein: and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises,warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE -This Agreement is governed and construed in accordance with the laws of the State of Florida. (Signature Page to Follow) 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: 7/ZS/,i'.3 ATTEST: CRYSTAL K:KtNZEt, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court&Coni**ler COLLIER COUNTY, FLORIDA ' -, t4 j. ,- BY: I C` '' / Attest as o alr BY. m signature only RICK LoCASTRO, Chairman AS TO OWNER: DATED:'J.i .2,1 1443 i / • ( N.K.,_ , 1.- - . Witness (Signature) ROIBERT M. OLESKI, Individually and as Trustee of The Robert M. l<, ^' `f = Oleski Trust dated 2-13-18 1. /.(;�,, Name (Print or Type) Witness (Signature) iavklet w . \rw t5 Name(Print or Type) Approved as to form and legality J fiP DEREK D.PERRY, ES \i' ' Assistant County Attorn ` Last Revised 15/23 r, l/30 Foam Wa�r YEN BJNN 3'� 2623 -DRAM NO. S1rtET S aFtr "���, �- 3411C SKETCH AND LEGAL DESCRIPTION H-2113 t t Plume: (230) 234-2000 PROJECT NO. �_11.4-, :t AuF1a.tde Gmnoo+. of KEANE AVE & 23RD �iwiE'21 30-4Y-27 Mtorholbn Ne.1772 MN 9CM acn MHepi1 01112rlamoe:VItat a OK ac nisi 4. eraa a ROM IF a.rrLL_ IN 15 30 TE-ROW I - WADD 5/25/23 185TCE j��, EASEMEN- 1"�30' ROAD EASEWN i 11 -13 L. M N 55 0' DRA NACI EASE VENT I EAST — _. 55.0' KEANE AVE. 3NOZRTTH (UNRECORDED) 1 /7, NW ' %il. N'v'r ' / . NW ' /G SEC 3C;-49-27 PARCEL \O. CC33328CC35I 3LCS<I, R. I LEGAL DESCRIPTION: THE EAST 55.0 FEET OF THE NORTH 32.0 FEET OF THE EAST 1/2, NORTHWEST 1/4, NORTHWEST 1/4, NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 49 SOUTH, RANGE 27 EAST. COLLIER COUNTY, FLORIDA. CONTAINING 1762.15 SQUARE FEET. MORE OR LESS. HOLE MONIES. INC. CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 Digitally signed by TornI j {-v•,:... ?r' .i'(..�,,, Murphy o i S1A1t OF fif Date:2023.05 12 :ti,FLORIDA,f BY 11:14:50-04'00' _ LS5628 y~ ' THOMAS M. MURPHY STATE OF FLORIDA grey°( • NOT A SURVEY ' ORANN eV_ M 950 Encore Way torn or t mz3 Naples, FL 34110SKETCH AND LEGAL DESCRIPTION oRr 2113 1 1121.Phone: (239) 234-2000 PI10lEtq i '""'-" H _ 0 1 florlda Car" N•.1 of KEANE AVE & 23RD �WillE14t 30-411-27 Aulho�lsatlon No.1772 121aOE all Mil ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 1 . = TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routingzlines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 2. 3. County Attorney Office County Attorney Office Oro r g I2 2(23 4. BCC Office Board of County / Commissioners 1`L ,l�l R/�SJ23 5. Minutes and Records Clerk of Court's Office /f /4/0 A;/VP PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ronald Thomas Phone Number 252-5861 Contact/ Department Transportation Engineering-ROW Agenda Date Item was RES 2010-39 02/23/2010 Agenda Item Number 16.B.1 Approved by the BCC Type of Document Subordination of Utility Interests Number of Original 3 Attached Documents Attached PO number or account Check# 1078 included in the amount of number if document is $149.00 to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RT 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the RT document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's RT signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip RT should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 and all changes made during RT the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the 0 0 P Chairman's signature. - — o I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6B 1 INSTR 6457R82 OR 6291 PG 2242 RECORDED 9/28/2023 8:58 AM PAGES 6 CLERK OF THE CIRCUIT COURTAND COMPTROLLER PROJECT: 90000 Developers COLLIER COUNTY FLORIDA PARCEL: 158FEE1 & 158FEE2 REC$52.50 FOLIO: 00416720000 SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this day of l , 2Q2 by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112, (hereinafter referred to as "County"), and CENTURYLINK OF FLORIDA, INC., a Florida corporation, its successors, assigns, lessees, licensees, and agents, whose mailing address is 1025 Eldorado Blvd. Broomfield, CO 80021 (hereinafter referred to as"Utility"). WITNESSETH: WHEREAS,the Utility has an interest in those certain tracts or parcels of land lying and being in Collier County, Florida, more particularly described and set forth in Exhibit "A" attached hereto and made a part hereof (hereinafter collectively referred to as the "Property"); and WHEREAS, the County has determined that this Property is suitable and appropriate for road right of way, sidewalk, utility, drainage, and maintenance purposes; and WHEREAS, the County's proposed use of the Property for road right of way, sidewalk, utility, drainage and maintenance purposes requires the subordination of the interest in the Property by the Utility to the County; and WHEREAS, the Utility is desirous of consenting to the subordination and the relocation of its facilities within the Property, if necessary; and WHEREAS the County is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained; NOW,THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Utility and County hereby agree as follows: 1. The Utility hereby subordinates any and all of its interest in the Property (SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors, and assigns, for the purpose of constructing, improving, maintaining, and operating road right of way, sidewalk, utility, drainage and maintenance purposes over, under,through, upon,and/or across said Property, including, but not limited to the claim of interest based upon the following: NATURE OF DATE RECORDED ENCUMBRANCE BOOK-PAGE Public Utility Easement 4/1/2014 OR5201 PG2158 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and/or relocate its facilities within and upon the Property in accordance with the County's minimum standards for such facilities. Any construction or relocation of facilities within the Property will be subject to prior approval by the County. If the County CA n 16B1 requires the Utility to alter, adjust, or relocate its facilities from or within the Property, the County shall give the Utility 90(ninety) days'written notice to do so and hereby agrees to pay the reasonable cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 3. The Utility shall have a reasonable right to enter upon the Property for the purposes outlined in paragraph 2 above, including the right to trim such trees, brush, and growth which may endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 4. The Utility shall repair any damage to the County's facilities resulting from the exercise of its rights as outlined in paragraphs 2 and 3 above. 5. These terms and conditions shall be attached as an addendum to that permit, if any, required by the County for location of the Utility's facilities within the Property. 6. This Agreement shall be assignable only to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATT; S'r:.••,..if, BOARD OF COUNTY COMMISSIONERS C `Y` '. Clerk COLLIER C RI A Avast as t o ,speputy Clerk RICK LoCASTRO, Chairman signat e,'nit:. Signed, sealed and delivered CENTURYLINK OF FLORIDA, INC., in our presence as witnesses: a Florida corporation •—• ,--- 4.,, 0Z:rov, B : Y WITNESS61L4-1-- (Signature) SHAUN GIESLER Manager Network ROW, NIS Name: Slid/✓, C 600 0 i (Print or T •-) s . ht 11 TN SSA`"�re E l 5 Name: , 1, i. ('nt •r Type) STATE OF '-0 t-c a A"'1='•0 I 1 6B1 COUNTY OF Br o FI EL) The foregoing Subordination of Utility Interests was acknowledged before me this 3011 day of iYltky" , 2023, by S Aisa.h.1 fit c.,;c.0. (Name), as i4IV OWN IS (Iitle)._9LCENTURYLINK OF FLORIDA, INC., a Florida corporation, who personally known to me,-or who has produced rin&c,,r1tC01J ice:...;o as identification. (affix notarial seal) 7/ tt �"h Si nat re of NotaryPu ( 9blic I ) • �L �SLI ('4a:1 ��tr� ii liS (Print Name of Notary Public) NOTARY P�BL1C A--STATE OF COLORADO Serial/Commission#(if any): ?.07-21.{vo&-i+�l MY CO NOTARY ID MM01 ISSION EXPIRES FEB 28, 2026 My Commission Expires: FE(3 2a', 2c2C9 A ro d as fo egality: DE E D. PERRY, ES . Assistant County Attorney 16B1 Exhibit A-1 K. E. TRASK, P.A. LAND SURVEYORS A PARCEL LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (RIGHT OF WAY COMPENSATION AREAS) RIGHT OF WAY COMPENSATION AREA#1 ATRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,COUNTY OF COLLIER, LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING A PART OF THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4819, PAGE 3122, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACT G, HACIENDA LAKES OF NAPLES, PLAT BOOK 55, PAGE 10,AT THE INTERSECTION OF THE EAST LINE OF A 100 FOOT WIDE CANAL RIGHT OF WAY AND THE SOUTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD (TRACT R-1, SAID HACIENDA LAKES OF NAPLES);THENCE N.00°51'54"E., CROSSING SAID RATTLESNAKE HAMMOCK ROAD, ALONG SAID EAST CANAL RIGHT OF WAY LINE AND THE WEST LINE OF SAID TRACT R-1, FOR 78.08 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 14, SAID INTERSECTION LYING N.87°37'31"E. AT 100.16 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 14;THENCE N.00°49'31"E.ALONG SAID CANAL RIGHT OF WAY LINE FOR 54.95 FEET TO THE NORTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD; THENCE N.89°46'04"E.ALONG SAID RIGHT OF WAY LINE AND THE BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4819, PAGE 3122, FOR 335.42 FEET TO THE POINT OF BEGINNING;THENCE LEAVING SAID RIGHT OF WAY LINE AND BOUNDARY, N.02°23'57"W. FOR 12.01 FEET; THENCE N.89°46'04"E. PARALLEL WITH AND 12.00 FEET NORTHERLY OF (AS MEASURED ON A PERPENDICULAR) SAID RIGHT OF WAY LINE AND BOUNDARY, FOR 219.82 FEET; THENCE S.00°13'56"E. FOR 12.00 FEET TO SAID RIGHT OF WAY LINE AND BOUNDARY;THENCE S.89°46'05"W.ALONG SAID RIGHT OF WAY LINE AND BOUNDARY FOR 219.37 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2635.29 SQUARE FEET OR 0.06 ACRES, MORE OR LESS. RIGHT OF WAY COMPENSATION AREA#2 ATRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING A PART OF THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4819, PAGE 3122, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACT G, HACIENDA LAKES OF NAPLES, PLAT BOOK 55, PAGE 10,AT THE INTERSECTION OF THE EAST LINE OF A 100 FOOT WIDE CANAL RIGHT OF WAY AND THE SOUTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD (TRACT R-1, SAID HACIENDA LAKES OF NAPLES);THENCE N.00°51'54"E., CROSSING SAID RATTLESNAKE HAMMOCK ROAD, ALONG SAID EAST CANAL RIGHT OF WAY LINE AND THE WEST LINE OF SAID TRACT R-1, FOR 78.08 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 14, SAID INTERSECTION LYING N.87°37'31"E. AT 100.16 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 14;THENCE N.00°49'31"E.ALONG SAID CANAL RIGHT OF WAY LINE FOR 54.95 FEET TO THE NORTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD; THENCE N.89°46'04"E.ALONG SAID RIGHT OF WAY LINE AND THE BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4819, PAGE 3122, FOR 665.04 FEET; THENCE N.87°37'31"E. ALONG SAID RIGHT OF WAY LINE AND BOUNDARY, FOR 187.25 FEET TO THE POINT OF BEGINNING;THENCE LEAVING SAID RIGHT OF WAY LINE AND BOUNDARY, N.02°22'29"W. FOR 12.00 FEET; THENCE N.87°37'32"E. PARALLEL WITH AND 12.00 FEET NORTHERLY OF (AS MEASURED ON A PERPENDICULAR) SAID RIGHT OF WAY LINE AND BOUNDARY, FOR 214.27 FEET TO THE WEST LINE OF THE 170.00 SHEET 1 OF 4 12345 BLASINGIM ROAD • FORT MYERS, FL 33966 Exhibit A-2 1 6 8 1 K.E. TRASK, P.A. LAND SURVEYORS (RIGHT OF WAY COMPENSATION AREAS—CONTINUED) FOOT WIDE FLORIDA POWER AND LIGHT COMPANY RIGHT OF WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 850, PAGE 976, SAID PUBLIC RECORDS; THENCE S.01°01'04"W. ALONG SAID WEST RIGHT OF WAY LINE, FOR 12.02 FEET TO SAID NORTH RIGHT OF WAY LINE AND BOUNDARY; THENCE S.87°37'32"W. ALONG SAID RIGHT OF WAY LINE AND BOUNDARY, FOR 213.56 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2567.00 SQUARE FEET OR 0.06 ACRES, MORE OR LESS. K.E.TRASK, P.A. MARCH 21, 2022 FLORIDA LICENSED BUSINESS LB8450 Digitally signed by Kenneth E. Kenneth E.Trask Trask Date:2022.0321 1730.31-04'00' KENNETH E.TRASK PROFESSIONAL LAND SURVEYOR FLORIDA LICENSE LS4684 SHEET 2 OF 3 12345 BLASINGIM ROAD • FORT MYERS, FL 33966 Exhibit A-3 1 6 B I N V N.LINE S1/2 CR 4279,PG 2459 5E.1/4 5.W.1/4 N.UNE 57/2 5.W.1/4 S.W.1/4 I I � — RI PARCEL 3 „I PART OF / .1 I ; OR 4819,PG 3122 LINE TABLE 1 N UNE BEARING DISTANCE F IF 11 NO0'51'54'E 7608' zI \ 7 4 I L2 56717'31.W 100.16' H r� 02,, I PARCEL 1 L3 NO0'49'31"E 54.95' —W.50'—ry m PART OF L4 NO2'23'57'W 12.01' S1/2 " " I i OR 4819,PC 3122 a W LS NO2'2258'E 12.00' I I S.E1/4 N J I N L6 NO2'22'29'W 12.00' SW.1/4 m S 8 L7 S01O1'04"W 12.02' ; , —170'FPL R/w—I w g OR 850,PG 976 S W I ; I PARCEL 2 g PART OF Fe oR 45ts,PG 3122 RIGHT OF WAY RIGHT OF WAY d -COMPENSATION` COMPENSATION u AREA 1 AREA 2 I PART OF PART OF u OR 4919,PC 3122 9R 4WD,PC 3122 r P.O.B N89'48'04�E 219.82' J� N89'46'04''E 33542' NS87'37'J2'W 213.56' I N.RIGHT OF WAY UNE 509'46135'W 219.37' N87'37'31"E 187.25' - -L_ I 2 N89'46'04'E 665.04' P.O.B.. -- - RIGHT OF WAY SE CORNER I I SW7H IJNE SECTION 14 __�__�___ P.O.B. L__ ____ -- ---- NB737'31'E i RIGHT OF WAY OR 4336,PG 3681 5.W.1/45.W.1/4 ® RATTLESNAKE HAMMOCK ROAD TRACT R1 Ly P.B.55 PG.10 SW CORNER J SECTION 14 P.B.55, S RIGHT CF WAY UNE PG.10 P.O.C. NW CORNER TRACT G, HACIENDA LAKES OF NAPLES P.B.55,PG.10 LEGEND P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING LS LICENSED SURVEYOR LB LICENSED BUSINESS O.R. OFFICIAL RECORDS BOOK P.B. PLAT BOOK PG. PAGE SKETCH TO ACCOMPANY THIS IS NOT A BOUNDARY SURVEY K.E. Trask, P.A. DESCRIPTION Land Surveyors DIoRa9y,gned by Kenneth E. Florida Licensed Business No. LBB450 OF A PARCEL LYING IN Kenneth E.Trask T.a,k 12345 Blasinglm Rood SECTION 14,TOWNSHIP 50 SOUTH, Dare 202203.211730.55-0D00 Fort Myers, Florida 33966 RANGE 26 EAST, KENNETH E. TRASK DATE (239) 980-1495 PROFESSIONAL LAND SURVEYOR dote d.p cols Trost COLLIER COUNTY,FLORIDA. FLORIDA LICENSE NO. L54684 iii 3-21-22 118-235R-RM I a 1•=zoo' I P09 18-23 3 OF 3� v 1 SR INSTR 6457883 OR 6291 PG 2248 PROJECT: 90000 Develo erS RECORDED 9/28/2023 8:58 AM PAGES 6 p CLERK OF THE CIRCI IIT COURT AND COMPTROLLER ER PARCEL: 158FEE1 & 158FEE2 COWER COUNTY FLORIDA FOLIO: 00416720000 REC$52.50 INDX$1.00 SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this 1(c) day of F�ups`�" , 2023, by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"), and COMCAST OF FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a Colorado limited liability company, formally known as COMCAST OF COLORADO/FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a Colorado limited liability company, as successor in interest to COMCAST OF THE SOUTH, INC., a Colorado corporation, whose mailing address is 301 Tower Road, Naples, Florida 34113-8074 (hereinafter referred to as "Utility"). WITNESSETH: WHEREAS, the Utility has an interest in that certain tract or parcel of land lying and being in Collier County, Florida, more particularly described and set forth in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, the County has determined that this Property is suitable and appropriate for highway purposes or road right of way, sidewalk, utility, drainage, and maintenance purposes; and WHEREAS, the County's proposed use of the Property highway purposes or road right of way, sidewalk, utility, drainage and maintenance purposes requires the subordination of the interest in the Property by the Utility to the County; and WHEREAS, the Utility is desirous of consenting to the subordination and the relocation of its facilities within the Property, if necessary; and WHEREAS the County is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Utility and County hereby agree as follows: 1. The Utility hereby subordinates any and all of its interest in the Property (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors, and assigns, for the purpose of constructing, improving, maintaining and operating a road or road right of way, sidewalk, utility, drainage and maintenance purposes over, under, through, upon, and/or across said Property, including, but not limited to the claim of interest based upon the following: NATURE OF ENCUMBRANCE DATE RECORDED BOOK,PAGE Public Utility Easement 10/15/2015 5201/2158 COMCAST SUBORDINATION OF UTILITIES (A() 1 6B 1 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and/or relocate its facilities within and upon the Property in accordance with the County's minimum standards for such facilities. Any construction or relocation of facilities within the Property will be subject to prior approval by the County. If the County requires the Utility to alter, adjust, or relocate its facilities from or within the Property, the County shall give the Utility 90 (ninety) days' written notice to do so and hereby agrees to pay the reasonable cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 3. The Utility shall have a reasonable right to enter upon the Property for the purposes outlined in paragraph 2 above, including the right to trim such trees, brush, and growth which may endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 4. The Utility shall repair any damage to the County's facilities resulting from the exercise of its rights as outlined in paragraphs 2 and 3 above. 5. These terms and conditions shall be attached as an addendum to that permit, if any, required by the County for location of the Utility's facilities within the Property. 6. This Agreement shall be assignable only to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: - ', BOARD OF COUNTY COMMISSIONERS CRYSTAL K.'KI'NZEt`,Clerk COLLIER COUNTY, FLORIDA BY: /ales( as t Ch irrnan`s,,Deputy Clerk RICK LoCASTRO., Chairman signet re my Signed, sealed and delivered COMCAST OF FLORIDA/MICHIGAN/NEW in our presence as witnesses: MEXICO/PENNSYLVANIA/WASHINGTON, LLC �.. a Colorado limited liability company BY: COMCAST CABLE COMMUNICATIONS, LLC WITNESS (Signature) a Delaware limited liability company, as Manager Name: Pe'e ��V, (Print or Type) BY: COMCAST HOLDI S P. FfA N, a Pennsylvani.,'co sore '• a anager WITNESS (Signature) BY: // il`1.- Name: 6"Ca (�.ardd{,ZZo ( 1.L t r'\ u2-i r� (Print or Type) (Title) I 2 1 6B 1 STATE OF FL COUNTY OF 4411 VD d(\- ✓ The foregoing Subordination of Utility Interests was acknowledged before me by means of physical presence or online notarization this /(0- day of Air— , 2023, by �,t ( ,AU �%,sj,t is (Name), as /Z(1 �% ��qq (Title), of COMCAST HOLDINGS, INC., a Delaware corporation, as Manager of COMeAST CABLE COMMUNICATIONS, LLC, a Delaware limited liability company, as Manager of COMCAST OF FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a Colorado limited liability company, on behalf of the corporation and the companies, who is personally known to me or who has produced as identification. (affix notarial seal) (Signature of otary Public) ot�iiv'6� THERESA LYNN MARTIN : V Notary Public-State of Florida SILLS Pt !�(A. ✓v`�" /"'` '1 a My Commission#HH 323820 � ' gt Comm.Expires Feb 14,2027 ► (Print Name of N tary Public) Bonded through National Notary Assn. ` NOTARY PUBLIC Serial/Commission # (if any) My Commission Expires: A pro ed s tralorOnd legality DEREK D. PERRY, ESQ. Assistant County Attorney 01/ 3 1 6B 1 pge...-4-of K. E . TRASK, P.A. LAND SURVEYORS A PARCEL LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (RIGHT OF WAY COMPENSATION AREAS) RIGHT OF WAY COMPENSATION AREA#1 ATRACTOR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,COUNTY OF COLLIER, LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING A PART OF THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4819, PAGE 3122, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACT G, HACIENDA LAKES OF NAPLES, PLAT BOOK 55, PAGE 10,AT THE INTERSECTION OF THE EAST LINE OF A 100 FOOT WIDE CANAL RIGHT OF WAY AND THE SOUTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD (TRACT R-1, SAID HACIENDA LAKES OF NAPLES);THENCE N.00°51'54"E., CROSSING SAID RATTLESNAKE HAMMOCK ROAD, ALONG SAID EAST CANAL RIGHT OF WAY LINE AND THE WEST LINE OF SAID TRACT R-1, FOR 78.08 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 14, SAID INTERSECTION LYING N.87°37'31"E.AT 100.16 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 14;THENCE N.00°49'31"E.ALONG SAID CANAL RIGHT OF WAY LINE FOR 54.95 FEET TO THE NORTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD; THENCE N.89°46'04"E. ALONG SAID RIGHT OF WAY LINE AND THE BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4819, PAGE 3122, FOR 335.42 FEET TO THE POINT OF BEGINNING;THENCE LEAVING SAID RIGHT OF WAY LINE AND BOUNDARY, N.02°23'57"W. FOR 12.01 FEET; THENCE N.89°46'04"E. PARALLEL WITH AND 12.00 FEET NORTHERLY OF (AS MEASURED ON A PERPENDICULAR) SAID RIGHT OF WAY LINE AND BOUNDARY, FOR 219.82 FEET; THENCE S.00°13'56"E. FOR 12.00 FEET TO SAID RIGHT OF WAY LINE AND BOUNDARY;THENCE S.89°46'05"W.ALONG SAID RIGHT OF WAY LINE AND BOUNDARY FOR 219.37 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2635.29 SQUARE FEET OR 0.06 ACRES, MORE OR LESS. RIGHT OF WAY COMPENSATION AREA#2 A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,COUNTY OF COLLIER, LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING A PART OF THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4819, PAGE 3122, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACT G, HACIENDA LAKES OF NAPLES, PLAT BOOK 55, PAGE 10,AT THE INTERSECTION OF THE EAST LINE OF A 100 FOOT WIDE CANAL RIGHT OF WAY AND THE SOUTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD (TRACT R-1, SAID HACIENDA LAKES OF NAPLES);THENCE N.00°51'54"E., CROSSING SAID RATTLESNAKE HAMMOCK ROAD, ALONG SAID EAST CANAL RIGHT OF WAY LINE AND THE WEST LINE OF SAID TRACT R-1, FOR 78.08 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 14, SAID INTERSECTION LYING N.87°37'31"E. AT 100.16 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 14;THENCE N.00°49'31"E.ALONG SAID CANAL RIGHT OF WAY LINE FOR 54.95 FEET TO THE NORTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD; THENCE N.89°46'04"E.ALONG SAID RIGHT OF WAY LINE AND THE BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4819, PAGE 3122, FOR 665.04 FEET; THENCE N.87°37'31"E. ALONG SAID RIGHT OF WAY LINE AND BOUNDARY, FOR 187.25 FEET TO THE POINT OF BEGINNING;THENCE LEAVING SAID RIGHT OF WAY LINE AND BOUNDARY, N.02°22'29"W. FOR 12.00 FEET; THENCE N.87°37'32"E. PARALLEL WITH AND 12.00 FEET NORTHERLY OF (AS MEASURED ON A PERPENDICULAR) SAID RIGHT OF WAY LINE AND BOUNDARY, FOR 214.27 FEET TO THE WEST LINE OF THE 170.00 SHEET 1 OF 4 12345 BLASINGIM ROAD • FORT MYERS, FL 33966 16B1 Drui iT Page or) K.E. TRASK, P.A. LAND SURVEYORS (RIGHT OF WAY COMPENSATION AREAS-CONTINUED) FOOT WIDE FLORIDA POWER AND LIGHT COMPANY RIGHT OF WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 850, PAGE 976, SAID PUBLIC RECORDS; THENCE S.01°01'04"W. ALONG SAID WEST RIGHT OF WAY LINE, FOR 12.02 FEET TO SAID NORTH RIGHT OF WAY LINE AND BOUNDARY;THENCE S.87°37'32"W. ALONG SAID RIGHT OF WAY LINE AND BOUNDARY, FOR 213.56 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2567.00 SQUARE FEET OR 0.06 ACRES, MORE OR LESS. K.E. TRASK, P.A. MARCH 21, 2022 FLORIDA LICENSED BUSINESS LB8450 Digitally signed by Kenneth E. Kenneth E.Trask Trask Date:2022.03.21 17:30:31-04'00' KENNETH E.TRASK PROFESSIONAL LAND SURVEYOR FLORIDA LICENSE LS4684 SHEET 2 OF 3 12345 BLASINGIM ROAD • FORT MYERS, FL 33966 1 6B 1 EXHIBIT Page 3 of .©. r N.UNE S.1/2 OR 4279,PG 2459 S.E.1/4 S.W.1/4 N.UNE S.1/2 5,W.1/4 S.W.1/4 \ I ZI 7. F1 PARCEL 3 I 3 PART LINE TABLE I. Q 1� 6 OR 4819,PG 3122 > I E UNE BEARING DISTANCE e L1 N0051'54'E 78.08' 1 \ 514 I0 L2 587'37'31'W 100.18' vi O g I PARCEL 1 LS N00'4931'E 54.95' —W.80'—a w i PAROR 4819.TPG 3122 L4 N022357'W 12.01' I 5.1/2 " " OF ElLS 50073'S8'E 12.00' I S.E1/4 Ed R 1 G L8 N0272 29'W 12.00 S.W.1/4 b .- J II}+ g L7 50101'04'W 12.02' o 3 n O F—OR7850,PG B7B 1 ; g W I 4 o PARCEL 2 819, O I OR 4819,PG 3122 RIGHT OF WAY I re' RIGHT OF WAY 4 -COMPENSATION COMPENSATION • (3 AREA 1 AREA 2 PART OF 1 W OR ASi PC 3122 OR 41319.PG 3122 N89'4804'E 219.82' N87'37'32'E 214.27' . P.O.B. N69'46'04'E 335.42' N.RIGHT OF WAY UNE 589'48'05'W 219.37' /�N87'37 31'E 187.25' SB7'3T32"W-213.56__ I -_-- jI\— N89'48'04'E 685.04' P.O.B. - -3 J— �- _--- _- "UI —__—________ SOUTH UNE SECTON 14 __—__�__—----- P.O.B. RIGHT OF WAY S.E.CORNER __®_—_-___ N87'37'31'E RIGHTTRACT WAY �� PC 3881 S.W.1/4 S.W.1/4 RATTLESNAKE HAMMOCK ROAD P.B.T55 P R1 10 SW CORNER J SECTION 14 P.B.55, S.RIGHT OF WAY UNE PG.10 P.O.C. NW CORNER TRACT 0, HACIENDA LAKES OF NAPLES P.B.55,PG.10 LEGEND P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING LS LICENSED SURVEYOR LB LICENSED BUSINESS O.R. OFFICIAL RECORDS BOOK P.B. PLAT BOOK PG. PAGE SKETCH TO ACCOMPANY THIS IS NOT A BOUNDARY SURVEY K.E. Trask, P.A. DESCRIPTION Land Surveyors Digitally signed by Kenneth E. Florida Licensed Business No. LB8450 OF A PARCEL LYING IN Kenneth E.Trask T12,k 12345 Blasinglm Road SECTION 14,TOWNSHIP 50 SOUTH, Date:2022.03.211730:55-04'00' Fort Myers. Florida 33966 KENNETH E. TRASK DATE (239)980-1495 RANGE 26 EAST, PROFESSIONAL LAND SURVEYOR date deg cola Jobs Meet COLLIER COUNTY,FLORIDA. FLORIDA LICENSE NO. LS4664 3-21-22 118 235K-R/W l e 1"=200' I 18-23 I 3 OF 3 1 6B1 INSTR 6457884 OR 6291 PG 2254 PROJECT: 90000 Developers RECORDED 9/28/2023 8:58 AM PAGES 5 PARCEL: 158FEE1 & 158FEE2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER FOLIO: 00416720000 COLLIER COUNTY FLORIDA REC$44.00 This instrument prepared by: Cameron Crenshaw—CRE/AOW Florida Power&Light Company P. O.Box 1119 Sarasota,FL 34230-1119 SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT,entered into this 10 day of v ,2023,by and between COLLIER COUNTY,a political subdivision of the State of Florida,hereinafter called the"County",and FLORIDA POWER&LIGHT COMPANY,a Florida Corporation,whose mailing address is P.O.Box 14000,Juno Beach,Florida 33408,hereinafter called "Utility". WITNESETH: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS,the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the County; and WHEREAS,the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of- way to prevent conflict between the County's use and the Utility's use,and for the benefit of each,and WHEREAS the County, in recognition of the Utility's interest in the certain lands, is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit "A", attached hereto and made a part hereof, NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and the County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto and made a part hereof,to the interest of the County,or its successors,for the purpose of constructing,improving,maintaining and operating a road over,through,upon,and/or across such lands,based on the following: NATURE OF ENCUMBRANCE DATE RECORDED BOOK,PAGE Public Utility Easement 4/1/2014 OR5201 PG2158 Underground Easement 2/19/14 OR5010 PG831 The County and the Utility further agree that: 1. "Public right-of-way", as used herein, shall mean that area which is described in Exhibit"A" and which includes the Utility's easements identified above and additional lands for public right-of-way,as described in Exhibit"A",attached hereto,and made a part hereof. 2. The Utility shall have the right to construct,operate,maintain,improve,add to,upgrade,remove,and relocate facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right-of-way will be subject to prior approval by the County. 3. The County shall pay for the relocation of existing facilities.In addition,the Utility retains the right to be reimbursed, either now or in the future,for additional relocation or adjustment of its facilities located presently or to be located on the public right-of-way described in Exhibit"A", if such relocation or adjustment is caused by present or future uses of the right-of-way by the County or its assigns, including, but not limited to, the cost of acquiring replacement easements. 4. The Utility shall have the right to enter upon the lands described in Exhibit"A"for the purposes outlined in Paragraph 2 above,including the right to trim such trees,brush,and growth which might endanger or interfere with such facilities. The County shall provide and ensure access to said lands by the Utility. 5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage resulting from the Utility exercising its rights to construct, operate,maintain, improve, add to,upgrade or remove its facilities on the said public right-of-way. CAO , 1 6B 1 6. This Agreement shall not be assigned by the County except to the State of Florida. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. ATTEST 9 1 0•P BOARD OF COUNTY COMMISSIONERS CRYSTA0" '1 Z' 'Clerk of the COLLIER COUNTY,FLORIDA /,-- Circuit. . '.`C i' i' • : ..0 BY: I ' e. ...__ Attest as a C airm #'V,Depaty Clerk Rtek L.Csastre, Chairman signa re •nly,.•;s;•' Signed, sealed and delivered FLORIDA POWER&LIGHT COMPANY in the presence of: - By: B . 1 • orate Real Estate Manager Print Name: 17y/61✓) 'ffiA OBE Print Name: Cameron Crenshaw By: fZiQ(L 14-----111 Print Name: A�C..; \ 'I C _�A) (Corp. Seal) STATE OF FLORIDA, COUNTY OF SARASOTA I hereby certify that on this dy,before me,an officer duly authorized to take acknowledgements,personally appeared Cameron Crenshaw,by means of (j physical presence or❑ online notarization,to me known and personally known to me to be the person described in,and did not take an oath and who executed the foregoing instrument as the Corporate Real Estate Manager of the Florida Power&Light Company and acknowledged before me that he/she executed the same as such official in the name and on behalf of said Corporation. 4'ti WITNESS my hand and official seal in the County and State aforesaid this I day of „iv ,2023. (affix notarial seal) i2‹,,,e,e,/,_(Signre of Nota Public) Dyla>1 palA (c)e — --- (Print Name of Notary Public) 4 Notary Public State of Florida I 4 0 Dylan Plourde I e� 4 Hu My Commission HH 415931 I Serial/Commission# (if any): 1-) H'L/)5 ! 3 1 Expires 6/28/2027 I r My Commission Expires: Go"Z 0 7 `- Ap trove 1 as to rirm n e : 1 / Derek D. Perry 0 Assistant County Attorney Tr � 23 2 FPL Subordination Agreement fast revised:11/4/2o 040 1 6B 1 EXHiBiT K. E . TRASK, P.A. LAND SURVEYORS A PARCEL LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (RIGHT OF WAY COMPENSATION AREAS) RIGHT OF WAY COMPENSATION AREA#1 ATRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,COUNTY OF COLLIER, LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING A PART OF THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4819, PAGE 3122, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACT G, HACIENDA LAKES OF NAPLES, PLAT BOOK 55, PAGE 10,AT THE INTERSECTION OF THE EAST LINE OF A 100 FOOT WIDE CANAL RIGHT OF WAY AND THE SOUTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD (TRACT R-1, SAID HACIENDA LAKES OF NAPLES);THENCE N.00°51'54"E., CROSSING SAID RATTLESNAKE HAMMOCK ROAD, ALONG SAID EAST CANAL RIGHT OF WAY LINE AND THE WEST LINE OF SAID TRACT R-1, FOR 78.08 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 14, SAID INTERSECTION LYING N.87°37'31"E.AT 100.16 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 14;THENCE N.00°49'31"E.ALONG SAID CANAL RIGHT OF WAY LINE FOR 54.95 FEET TO THE NORTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD; THENCE N.89°46'04"E. ALONG SAID RIGHT OF WAY LINE AND THE BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4819, PAGE 3122, FOR 335.42 FEET TO THE POINT OF BEGINNING;THENCE LEAVING SAID RIGHT OF WAY LINE AND BOUNDARY, N.02°23'57"W. FOR 12.01 FEET; THENCE N.89°46'04"E. PARALLEL WITH AND 12.00 FEET NORTHERLY OF (AS MEASURED ON A PERPENDICULAR) SAID RIGHT OF WAY LINE AND BOUNDARY, FOR 219.82 FEET; THENCE S.00°13'56"E. FOR 12.00 FEET TO SAID RIGHT OF WAY LINE AND BOUNDARY;THENCE S.89°46'05"W. ALONG SAID RIGHT OF WAY LINE AND BOUNDARY FOR 219.37 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2635.29 SQUARE FEET OR 0.06 ACRES, MORE OR LESS. RIGHT OF WAY COMPENSATION AREA#2 A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,COUNTY OF COLLIER, LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING A PART OF THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4819, PAGE 3122, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACT G, HACIENDA LAKES OF NAPLES, PLAT BOOK 55, PAGE 10, AT THE INTERSECTION OF THE EAST LINE OF A 100 FOOT WIDE CANAL RIGHT OF WAY AND THE SOUTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD (TRACT R-1, SAID HACIENDA LAKES OF NAPLES);THENCE N.00°51'54"E., CROSSING SAID RATTLESNAKE HAMMOCK ROAD, ALONG SAID EAST CANAL RIGHT OF WAY LINE AND THE WEST LINE OF SAID TRACT R-1, FOR 78.08 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 14, SAID INTERSECTION LYING N.87°37'31"E. AT 100.16 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 14; THENCE N.00°49'31"E.ALONG SAID CANAL RIGHT OF WAY LINE FOR 54.95 FEET TO THE NORTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD; THENCE N.89°46'04"E.ALONG SAID RIGHT OF WAY LINE AND THE BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4819, PAGE 3122, FOR 665.04 FEET; THENCE N.87°37'31"E. ALONG SAID RIGHT OF WAY LINE AND BOUNDARY, FOR 187.25 FEET TO THE POINT OF BEGINNING;THENCE LEAVING SAID RIGHT OF WAY LINE AND BOUNDARY, N.02°22'29"W. FOR 12.00 FEET; THENCE N.87°37'32"E. PARALLEL WITH AND 12.00 FEET NORTHERLY OF (AS MEASURED ON A PERPENDICULAR) SAID RIGHT OF WAY LINE AND BOUNDARY, FOR 214.27 FEET TO THE WEST LINE OF THE 170.00 SHEET 1 OF 4 12345 BLASINGIM ROAD • FORT MYERS, FL 33966 1 6B 1 T Page - of K.E. TRASK, P.A. LAND SURVEYORS (RIGHT OF WAY COMPENSATION AREAS-CONTINUED) FOOT WIDE FLORIDA POWER AND LIGHT COMPANY RIGHT OF WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 850, PAGE 976, SAID PUBLIC RECORDS; THENCE S.01°01'04"W. ALONG SAID WEST RIGHT OF WAY LINE, FOR 12.02 FEET TO SAID NORTH RIGHT OF WAY LINE AND BOUNDARY; THENCE S.87°37132"W. ALONG SAID RIGHT OF WAY LINE AND BOUNDARY, FOR 213.56 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2567.00 SQUARE FEET OR 0.06 ACRES, MORE OR LESS. K.E.TRASK, P.A. MARCH 21, 2022 FLORIDA LICENSED BUSINESS LB8450 Digitally signed by Kenneth E. Kenneth E.Trask Trask Date:2022.03.21 17:30:31-04'00' KENNETH E.TRASK PROFESSIONAL LAND SURVEYOR FLORIDA LICENSE LS4684 SHEET 2 OF 3 12345 BLASINGIM ROAD • FORT MYERS, FL 33966 1 6B 1 EXHiBIT ( i.- Pe-.-.re.z..,.. 'DST,..,. N N.UNE 5.1/2 OR 4279,PG 2459 S.E.1/4 S.W.1/4 N.UNE 5.1/2 S.W.1/4 S.W.1/4 wI Z. 7. ..-- UPI I Vi' PARCEL 3 OR PART LINE TABLE N Q• I+ UNE BEARING DISTANCE i. J a I L7 N0051'S4"E 721.08. I L2 587'37'31'W 100.16' eil 39 PARCEL 1 L3 NOO'49'31"E 54.95' —W.80'—\ '� m¢ I PART OF L4 N0223'S7'W 12.01' 5.1/2 44 uJ• Iz OR 4819,PG 3122 L5 50013'58'E 12.00' I I 5.E.1/4 at 2 L6 NO222'29"W 12.00' S.W.1/4 $ n J I $ L7 501'01'04"W 12.02' ; n r-170'FPL R/W w S CJ OR 850,PG 976 I j W _ I 3 LL o PARCEL 2 PART OF OR 4819,PG5 3122 RIGHT OF WAY RIGHT OF WAY 4 -COMPENSATION COMPENSATION 8 AREA 1 ARE a2PART OF I W at 41119.PG 3122 OR 4810.PG 3122 I NBT37'32"E 214.27' Ir P.O.B. .54 N89'46'04'E 219.8Y N89'46'04"E 335.42' 537'37'32*W 213.56' N.RIGHT OF WAY UNE 589'48'OS'W 219.37' NB737'31'E 187.25 L__ _-—f—- - I 109'46'04"E 665.04' P.O.B. _---- ---�-- RIGHT OF WAY SE.CORNER 71 5011TH UNE SECTON 14 ____ P.O.B. OR 4336,PG 3681 S.W.1/4 S.W.1/4 ______----- ----- N87'37'31'E RIGHTOFWAY - L2 RATTLESNAKE HAMMOCK ROAD TRACT R1 P.B.55 PG.10 -SW CORNER ' SECTON 14 P.B.55, S.RIGHT OF WAY UNE PG.10 P.O.C. NW CORNER TRACT G, HACIENDA LAKES OF NAPLES P.B.55,PG.10 LEGEND P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING LS LICENSED SURVEYOR LB LICENSED BUSINESS O.R. OFFICIAL RECORDS BOOK P.B. PLAT BOOK PG. PAGE SKETCH TO ACCOMPANY THIS IS NOT A BOUNDARY SURVEY K.E. Trask, P.A. DESCRIPTION Land Surveyors Digitally signed by Kenneth E. Florida Licensed Business No. LB8450 OF A PARCEL LYING IN Kenneth E.Trask Joel 12345 Blasingim Road SECTION 14,TOWNSHIP 50 SOUTH, Daze:2022.01211J3055-04'00' Fort Myers, Florida 33966 RANGE 26 EAST, KENNETH E. TRASK DATE (239)980-1495 PROFESSIONAL LAND SURVEYOR dote dreg stools Job/ sheet COLLIER COUNTY,FLORIDA. FLORIDA LICENSE ND. L54684 3-21-22 118 235K-R/W I 1"=200' I 18-23 I 3 OF 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 8 l TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney's Office County Attorney A IDf IE� o3 2. BCC Office Board of County Commissioners jq` 1/Jrj fr/ (0/( (z5 3. Minutes and Records Clerk of Court's Office ( I Ntr fo-119-9-3 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vivian Rodriguez Phone Number 239-252-8402 Contact/Department Agenda Date Item was February 23,2010 Agenda Item Number 16B1 -Resolution Approved by the BCC 2010-39 Type of Document Agreement—PS 309.18— Number of Original 3 Attached Affordable Alarm and Monitoring,Inc. Documents Attached Utility dnd Access Easement Corporation Affidavit PO number or account 414-263614-649030-70240.4.10.1 number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? STAMP OK VR 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed ' kv`'�,✓ by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on February 23,2010,and all changes made VR "a r during the meeting have been incorporated in the attached document. The County an opt', Attorney's Office has reviewed the changes,if applicable. this lin 9. Initials of attorney verifying that the attached document is the version approved by the N/A i BCC, all changes directed by the BCC have been made,and the document is ready for the rillp an opt Chairman's signature. kik ling_ I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16 $ 14 Cotter County Administrative Services Division Facilities Management Real Property Management Section 3335 Tamiami Trail E., Suite 102 Naples, FL 34112 Please record the attached documents as follows: ❖ Utililty and Access Easement (No Consideration) (3 pages) $27.00 ❖ Corporation Affidavit (1 page) $10.00 TOTAL $37.00 Copies required: Yes No X Charge the following: Account: Fund 414, Cost Center 263614, Object Code 649030, Project 70240.4.10.1 Copy of receipt to: REAL PROPERTY MANAGEMENT via email to vivian.rodriguez@colliercountyfl.gov ORIGINAL DOCUMENTS to be returned to MINUTES & RECORDS Any questions please call Vivian Rodriguez on Ext. 252-8402. Thank you. UN Real Property Management Section•3335 Tamiami Trail East,Suite 101 •Naples,Florida 34112-5356.239-252-8991 •FAX 239-252-8876 1681 . e' PROJECT. Basin 305 Pump Stations PUMP STATION: 309.18 Folio: 00279360005 AGREEMENT THIS UTILITY AND ACCESS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between AFFORDABLE ALARM AND MONITORING, INC., a Florida corporation, (hereinafter referred to as "Owner") whose mailing address is 6017 Pine Ridge Road #198, Naples, FL 34119, and 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, (hereinafter referred to as "County"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive Utility and Access Easement ("Easement") for the purpose of constructing, operating, maintaining, and repairing a pump station and related facilities over, under, upon and across the lands described in Exhibit "A" hereinafter referred to as the ("Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via a Utility and Access Easement to County at no cost to the County, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release, or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 1681 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by County. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors, and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 1691 11 . This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: 10/423 AS TO COUNTY: DATED: 10//4/Z3 ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA Circuit Court and Comptroller (b19 10/4111\-7\-- BY: .= / • , Deputy Clerk RICK LOCASTRO, Chairman Attest as to Chairrnan't L. signature only AS TO OWNER: ) AFFORDABLE ALARM AND MONITORING, INC,. witness(Signature) _ a Florida corporation Name -,;int or Type) B y, JOH P. TOSCANO, Vice President Witness(Signature) 616.1 e Odrjur Name(Print or Type) ' ye to orm nd legal : Ronald T. Tomasko, Assistant County Attorney 3 (7; 1601 ^ � 1NGTR6405247OR0237 PG543 RECORDED 1O/10/2O234 17PM PAGES 4 PROJECT: Basin 3O5 Pump Stations CLERK OF THE CIRCUIT COURT AND COMPTROLLER PUMP STATION: 309.18 COLLIER COUNTY FLORIDA FOLIO No�� 00279360005 nOC��70$n70 R EC0355V ' CONS$1OOO UTILITY AND ACCESS EASEMENT THIS UTILITY EA8EK8ENT, made and entered into this 'day of 2025, by AFFORDABLE ALARM AND MONITORING, INC,. GFlorida corporation, (hereinafter referred to as "Grantor") vvhnee mailing address is 6017 Pine Ridge Rmed #18O. Naples, FL ' i' 34119. 1othe BOARD OFCOUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS � ^' THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICKO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, (hereinafter referred toas ^Gnantee^) whose mailing address is3335Temiami Trail East, Suite 1O1. Naples, FL34112. its successors and assigns. (VVhe,everused herein the terms ''Grordo/' and "Grantee" include all the parties to this instrument and their respective heirs. legal napreoentativeo, successors, or assigns.) VV| TNES8ETH: Gnen0or, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid bvthe Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby c0Dveys, granta, bargains and sells unto the Grantee, its successors and anoignn, a perpetual, non-exclusive easement, |ioenee, and privilege for utility, acoess, and maintenance purpnses, 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 ofrecord. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said |and, exoavate, and place or remove materials indudinQ, but not limited to. utility lines and pipem, and other equipment or improvements appurtenant thereto o, thereunder for the purpose of conetruoting, operadn8, nnaintaming, and accessing utility facilities thereon. Grantor and Grantee are used for singular orplural, as the context requires. The amamrnenta granted herein shall constitute easements running with the land and shall burden the lands described above. |N WITNESS WHEREOF, the Grantor has caused these presents toheexecuted the date and year first above written. ^ AFFORDABLE ALARM AND MONITORING, INC., tr� (Signature) - a Florida corporation _ JOHN P.40SCANO` Vice President Name (Print or Type) Witness (Signature) � L 1 6 B 1 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Utility Easement was acknowledged before me by means of physical presence or U online notarization this 34^-, day of OCkt.sLo-e-e- , 203 by JOHN P. TOSCANO, as Vice President, on behalf of AFFORDABLE ALARM AND MONITORING, INC., a Florida corporation. Such person(s) Notary Public must check applicable box: 154 are personally known to me. E] produced her current driver license. El produced as identification. (Notary Seal) AYVkOJA-& -?)-(Je Notary Public Printed Name of Notary: AYVAikaik. Notary Public State of Florida Amanda L Dodd Commission Number: -A 4-4 "Commission HH 376567 My Commission Expires: 3/aGNia2oa7 Expires 3/20,2027 wev.cg8P...r,I•xmlymscr..”.41 11.^.0"*"P"TMIP..11,... ApproG m and ality: o ald T. Tomas o, Assistant County Attorney • 111/ 1 6 R 1 H.\202J\2023001\PS 309.I8\309.18 Sketch&tegol.drp 7/3/2023 8:491J AM Plotted by:KocsySMvuger EXHIBIT N I POINT OF COMMENCEMENT 11 Tom` NORTH 1/4 CORNER SECTION 36, TOWNSHIP 49 SOUTH, W RANGE 25 EAST to- en iA • 0 15' 30' O N Opp Il 1" = 30' to N 89'21'02" E 1000.24' 1 I 20.0' I UTIUTY & NOTES: - DRAINAGE EASEMENT THIS PROPERTY IS SUBJECT TO EASEMENTS, (D.R. 1713, PG. 2359) RESERVATIONS OR RESTRICTIONS OF RECORD. cn LINE BEARING DISTANCE BEARINGS SHOWN HEREON REFER TO THE o I L1 S 89'21'02" W 10.00' NORTH LINE OF NAPLES INDUSTRIAL PARK, w " UNIT-2, NOT RECORDED, ACCORDING TO THE DD L2 N 00'38 58 W 50.00' PLAT THEREOF, AS BEING N89'06'30"E. III L3 S 89'21'02" W 10.00' m I L4 S 00'38'58" E 50.00' L5 N 89'21'02" E 10.00' of O H10.0'L--- ---1 10.0' PROPOSED 10'x50' ACCESS EASEMENT L3 LOT 27 LOT 26 BLOCK C / BLOCK C (O.R. 4641, PG. 1764) rp/r- I (O.R. 461 6, PG. 2018) _ _ _ _ is L1 I I — POINT OF 30.0' BEGINNING I I ROADWAY EASEL____ _ _ ___ ___ AVENUE (60' PUBLIC R-O-W) *THIS IS NOT A SURVEY* DRAWN BY: DATE: _I- 950 Encore Way DRAWING NO. KAS 6-26-2023 Naples, FL. 34110 SKETCH & LEGAL DESCRIPTION PROJECT N073 SHEET/ OF SHEET f Phone: (239) 254-2000 2ECT NO. 1 A 1 SEC-TWN-RGE 2 Florida Certificate of 10' x 50' ACCESS EASEMENT ALE NAME 36-49S-25E OLE O T� Authorization No.1772 09.18 Sketch&legal.dr 1 6 E1 H:\2023\2023001\PS 3w.18\309.18 Sketch&L.gol.dwy 7/3/2023&4923 AM Plotted by:KoceSMager LEGAL DESCRIPTION BEING A PORTION OF SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND ALSO BEING A PORTION OF LOT 26, BLOCK C, NAPLES INDUSTRIAL PARK UNIT 2 UNRECORDED. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST; THENCE ALONG THE NORTH AND SOUTH 1/4 LINE OF SAID SECTION 36, SOO'05'36"E, A DISTANCE OF 428.54 FEET; THENCE PARALLEL WITH THE EAST AND WEST 1/4 LINE OF SAID SECTION 36, N89'21'02"E, A DISTANCE OF 1000.24 FEET; THENCE SOO'38'58"E, A DISTANCE OF 170.00 FEET TO THE INTERSECTION OF THE NORTH LINE OF THE ROADWAY EASEMENT FOR MERCANTILE AVENUE AS SHOWN ON NAPLES INDUSTRIAL PARK UNIT 2 UNRECORDED; THENCE S89'21'02"W, ALONG THE NORTH LINE OF THE ROADWAY EASEMENT FOR SAID MERCANTILE AVENUE, FOR A DISTANCE OF 10.00 FEET TO ITS INTERSECTION WITH THE WESTERLY LINE OF THE 20 FOOT UTILITY AND DRAINAGE EASEMENT AS SHOWN ON THE PLAT OF NAPLES INDUSTRIAL PARK UNIT 2 UNRECORDED AND RECORDED IN OFFICIAL RECORDS BOOK 1713 AT PAGE 2369 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE RUN NO0'38'58"W, ALONG THE WESTERLY LINE OF SAID 20 FOOT EASEMENT LINE FOR A DISTANCE OF 50.00 FEET; THENCE RUN S89'21'02"W, FOR A DISTANCE OF 10.00 FEET; THENCE RUN SO0'38'58"E, FOR A DISTANCE OF 50.00 FEET TO THE NORTH ROADWAY EASEMENT LINE OF SAID MERCANTILE AVENUE; THENCE RUN N89'21'02"E, ALONG THE NORTHERLY LINE OF SAID ROADWAY EASEMENT FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 500.00' SQUARE FEET OR 0.011 ACRES MORE OR LESS. HOLE MONTES, INC. `�� �•..' se N0;y*••41;"%� CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 � '• 6278 Digitally signed by = o STATE OF Q? .—).-f-- ,. John Hilton s • FLORIDA r ��S Date: 2023.07.05 toff •......... a'a �. 11:22:11-04'00' .�.,,,�Surve o����....° BY LS6278 nnnnt yt%„ JOHN J. HILTON STATE OF FLORIDA DRAWN BY: DATE: I 950 Encore Way DRAWING NO. KAS 6-26-2023 Naples, FL. 34110 SKETCH & LEGAL DESCRIPTION PROD CT NO373 SHEET/ OF SHEET a Phone: (239) 254-2000 2023.001 A 2 SEC-TwN-RGE 2 Florida Certificate of 10' x 50' ACCESS EASEMENT FILE NAME HO LE .E O ,S Authorization No.1772 36-49S-25E 09.18 Sketch&Lpal.dw ' |NGTRO40524OOR0287 PG547 ' PROJECT: 8m�n3D5 Pump S�hono RECORDED 101(�2O234�17PM PAGES 1 PUMP 'STATION: 300,18 CLERK OF THE CIRCUIT COURT AND COMPTROLLER FOLIO No,: 00279350005 COLLIER COUNTY FLORIDA REC$1OOO Corporation Aff^da~.^ STATE OFFLORIDA � ^��� �� ��� � � COUNTY OF COLLIER Before nme, the undersigned muthohty, personally appeared JOHN P. TOSCAMO, who being by nne first duly axvorn, on oath deposes and aeyo that: 1 He is the President on behalf of AFFORDABLE ALARM AND MONITORING, INC.. a Florida corporation. 2. Said corporation is currently in existence under valid Articles of Incorporation and Bylaws and has not been terminated or dissolved. 3 That he is authorized by the Articles of Incorporation end/or Bylaws to execute deeds, easements, and mortgages on behalf of the oo,pproUon, and all necessary consents have been obtained 4� The Corporation is not currently in any bankruptcy proceedings and is not a debtor in bankruptcy. 5 Aff\ant further states that he is familiar with the nature of an oath and with the penalties as provided by the |avvo of the State of Florida for falsely swearing to statements made in an instrument of this nature Affimnt further certifies that he has fully read this affidavit and understands its contents, 6 This Affidavit is given to induce Cun)n1nnvvea|th Land Title Insurance Company to issue its title policy insuring the contemplated transaction JOHWNP' TOSCANO, Vice President STATE OFFLORIDA COUNTY OF COLLIER Sworn to and subscribed before me by rneena of physical presence or M online notarization this 61-l�~ day of C)( |z6^,,~ . 202,3 by JOHN P. TOS Ay4O. as Vice President, on behalf of AFFORDABLE ALARM AND MONITORING, INC., m Florida corporation. Such person(s) Notary Public must check applicable box: 6U is/are personally known to me. F1 produced his/her current driver license. rl produced as identification. (a Notary Public state of Florida Amanda L Dodd Notary Public � � Printed NarnenfNotary: l-�4/� / /�ld� ^� - ~~-~-^- Commission Number: JJ lJ 3 765&-7 #A r form MyCommission Expires: ����l /�38��-1 _ � 41A4 legality: Assistant County Attorney ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office OUrU (2./71its 4. BCC Office Board of County Commissioners RL I Y i L ( ill Z.'/ 23 5. Minutes and Records Clerk of Court's Office q3pf /O. PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is nee ed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff David Roe/GMD Phone Number 239.252.2915 Contact/ Department Agenda Date Item was 02/23/2010 Agenda Item Number See Resolution 2010-39 Approved by the BCC (16.B.1) Type of Document Conservation Easement Number of Original 1 Attached Documents Attached PO number or account 131-138327-649030 number if document is Clerk to email receipt of payment to to be recorded Lucia.Martin@colliercountyfl.gov INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be DR signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the DR document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 and all changes made during the meeting have been incorporated in the attached document. The County f\oe a' �w Attorney's Office has reviewed the changes,if applicable. ��ff e 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for the O�}� $ '- Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16B1 INSTR 6495343 OR 6320 PG 1279 RECORDED 1/9/2024 2:32 PM PAGES 8 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA DOC@.70$0.70 REC$69.50 THIS INSTRUMENT PREPARED BY&RETURN TO: NAME: JAMES R DICKENS,JR,ESQ. ADDRESS: 184 COMMERCE STREET MONTGOMERY,AL 36104 PARCEL I.D. #37119800009 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this Z 0 t" day of DEC Ef1t E"( , 2023, by HSC Orangetree, LLC, an Alabama limited liability company (hereinafter "Grantor"), whose address is 805 Trione Avenue, Daphne, Alabama 36526, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the "parties." WHEREAS, Grantor is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" attached hereto (hereinafter referred to as the "Property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind Grantor; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area located on that portion of the Property described in the attached Exhibit "B" attached hereto (the "Easement Property"). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. Grantor, its successors, assigns and/or transferees, hereby grants a non- exclusive easement to Collier County over and across the Easement Property for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing Revised 2/13/2019 1 16B1 of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 3. Grantor, its successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. Revised 2/13/2019 2 1 6 B 1 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. [EXECUTION ON FOLLOWING PAGES] Revised 2/13/2019 3 16B1 IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and delivered in the presence of: WITN SES: - HSC Oranget ee, LLC, an Alabam. ,ited li ,bill company Prin Name: foyer. D_ 1,4 Ai i;;.AA,62_9/13A 1114/29-t9-)C-- By: i _ i. gW/ Printed Na rile: Elm t 1/y N1cl 1eX H. 'ay Hix, . Its Member STATE OF ALABAMA ) COUNTY OF BALDWIN ) The foregoing instrument was subscribed, sworn and acknowledged before me this 90 day of Zj P_.C..e. "62... ' , 2023, by H. Ray Hix, Jr., as Member of HSC Orangetree, LLC, an Alabama limited liability company, and who is [X] personally known to me or [ ] who produced as identification. *t'!'B E T / � � ,LAL ‹) • • Pav • . NOTARY PUBLI ' cr. • ®� ® '-�Flinted Name: / A i . 0 L1!i. My Commissio Expires: ° : die 0 `o C g•kk "r\ ",`4,gMA Os ,,,''® '.0ooao.,amtow Revised 2/13/2019 4 1 6B 1 Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA i ' 1ff By: �: -_i 01 'RV s ''lT�` I-P CJd - Riek toCastro, Chairman ---Attes - to Cl it nan's signitW bnlys' _ t, THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT TO AGENDA DATED 2/23/2010, ITEM NO. 16.B.1, RESOLUTION NO. 2010-39 Approved as to form and Lea sufficiency: ,.0 .... frit rek LT. Pe Assistant County Attorney CP\11-ENS-00442\4 23 -ENS- 067z7 Revised 2/13/2019 5 16B1 Exhibit"A" Property The South 180 feet of Tract 142, Golden Gate Estates Unit No. 11, according to the plat thereof as recorded in Plat Book Page 4, Pages 103 and 104, Public Records of Collier County, Florida. Parcel No. 37119800009 Revised 2/13/2019 6 16B1 Exhibit "B" Easement Property (Attached.) Revised 2/13/2019 7 16B1 SKETCH AND LEGAL DESCRIPTION OF A PORTION OF TRACT 142, GOLDEN GATE ESTATES, UNIT NO. 11, PLAT BOOK 4, PAGES 103 AND 104, COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION: A PORTION OF TRACT 142, GOLDEN GATE ESTATES UNIT NO. 11, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGES 103 AND 104, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID TRACT 142, THENCE RUN N00°19'10"E ALONG THE WESTERLY LINE OF SAID TRACT 142 FOR A DISTANCE OF 105.00 FEET TO A POINT; THENCE RUN S89°40'50"E FOR A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY LINE OF A 60' WIDE ROAD EASEMENT ALSO BEING THE POINT OF BEGINNING; THENCE RUN N00°19'10"E ALONG SAID EASTERLY LINE FOR A DISTANCE OF 75.00 FEET TO A POINT; THENCE RUN S89°40'50"E FOR A DISTANCE OF 567.00 FEET TO A POINT; THENCE RUN S00°19'10"W FOR A DISTANCE OF 75.00 FEET TO A POINT; THENCE RUN N89°40'50"W FOR A DISTANCE OF 567.00 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING AN AREA OF 0.976 ACRES, MORE OR LESS. SURVEYOR'S NOTES: 1. BEARINGS SHOWN ARE REFERENCED TO THE PLAT OF GOLDEN GATE ESTATES UNIT NO. 11, AS PER PB 4, PG 103 AND 104. 2. THIS IS NOT A SURVEY: NO FIELDWORK WAS PERFORMED IN THE PREPARATION OF THIS EXHIBIT. 3. ALL COORDINATES AND DIMENSIONS ARE U.S. SURVEY FEET(12 METERS = 39.37 FEET) 4. THIS EXHIBIT CONSISTS OF 2 PAGES, AND IS NOT VALID WITHOUT ALL PAGES. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS EXHIBIT HAS BEEN MADE UNDER MY DIRECTION,AND COMPLIES WITH STANDARDS OF PRACTICE AS SET FORTH BY THE WILLIAM J WRIGHT,PhD,P.S.M. FLORIDA BOARD OF PROFESSIONAL SURVEYORS LICENSE NO.6868,STATE OF FLORIDA AND MAPPERS CONTAINED IN CHAPTER 5J-17.051, FLORIDA ADMINISTRATIVE CODE,AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. WrightPSM, LLC SCALE: DATE: 03/30/2023 PROFESSIONAL SURVEYING AND MAPPING 1248 SE 12TH AVE DEERFIELD BEACH.FL 33441 PAGE (772)538-1858 www.wrightpsm.com JOB NO. 22-0118 1 OF 2 CERTIFICATE OF AUTHORIZATION NO.L.B.8186 16B1 SKETCH AND LEGAL DESCRIPTION OF A PORTION OF TRACT 142, GOLDEN GATE ESTATES, UNIT NO. 11, PLAT BOOK 4, PAGES 103 AND 104, COLLIER COUNTY, FLORIDA 0 o,_ N O O 112 I I l 100 00'_ I 1 160.00' 141 I I 0 _ 50.00' 150.00 ___I' _ w 30.00' ' - N LINE - a y - 30.00' TRACT 142 0 - 0 S89'40'50"E 680.00'(P) 1 1 IOW LINE TRACT 142 IH E LINE N00'19'10"E 10 142 �- TRACT 142 75.00' I I S89'40'50"E 567.00' 8`_ 00'II o I ci 1 S89.40'50"E //i////i% rn ro o " S00'1910 W Noo•19 01 o"OE N89'40'50"W 567.00' 0 75.00' 05. 0 I POB S LINE TRACT 142 i oLri I _ 10 ' ,680.00' I I . 330.00' I 350.00' I I SW CORPO R GOLDEN GAI TE ESTATES ZO I TRACT 142 k UNIT O. 11 ^ Z (PB 4, P 103-104 Q LJ z Ww W ki of 18 J1n 110 Ix ° g 143 0 144 ci p►o y jLLJ 0 , ca w a, im 3 ,� o f I o 0o z z .4 I I 1 "El b I 0 0 _ 0 330.00' I 350.00' o GOLDEN GATE BOULEVARD WEST 0 100' WIDE ROAD EASEMENT (P) 0 d ABBREVIATIONS LEGEND LB =LICENSED BUSINESS POC=POINT OF COMMENCEMENT PSM=PROFESSIONAL SURVEYOR& POB=POINT OF BEGINNING MAPPER (P)=PLAT DATA PB =PLAT BOOK PG=PAGE WrightPSM, LLC SCALE: 1"=200' DATE: 03/30/2023 PROFESSIONAL SURVEYING AND MAPPING 1248 SE 12TH AVE DEERFIELD BEACH.FL 33441 PAGE (772)538-1858 www.wrightpsm.com JOB NO. 22-0118 2 OF 2 CERTIFICATE OF AUTHORIZATION NO.L.B.8186 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing,lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney's Office County Attorney Attn: Sally A. Ashkar �� I `�I 2. BCC Office Board of County Commissioners a 4 fl ' sl 3/41 Z 3. Minutes and Records Clerk of Court's Office ail *NOTE TO MINUTES AND RECORDS: R 27:11( akt Please return an electronic copy of documents to Jeremiah.Westerfield@colliercountyfl.gov PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jeremiah Westerfield/Real Property— Phone Number 239-252-8917 Contact/Department Facilities Management Agenda Date Item was Approved by Resolution 2010-39 Agenda Item Number 16B1 Approved by the BCC Adopted on 02/23/2010 Type of Document Donation Agreement Number of Original 1 Attached Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? Stamp OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A `t) provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed JW by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JW document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JW signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on above date,and all changes made during JW ij the meeting have been incorporated in the attached document. The County an opt Attorney's Office has reviewed the changes,if applicable. 4 , 1i 9. Initials of attorney verifying that the attached document is the version approved by the 14i BCC,all changes directed by the BCC have been made,and the document is ready for the t t: Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16B 1 PROJECT- PS RESILIENCY EASEMENTS-318 PUMP STATION' 308.06 Folio No. 61833600001 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between LOAL PROPERTIES, LLC, a Florida limited liability company, (hereinafter referred to as "Owner"), whose mailing address is 750 11th St. S. #202, Naples, FL 34102-6719 and 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, (hereinafter referred to as "County"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive easement for the purpose of constructing, operating, maintaining, and repairing a pump station and related facilities over, under, upon and across the lands described in Exhibit "A" hereinafter referred to as the ("Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via a Utility Easement to County at no cost to the County, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. �,PO 161 1 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida, County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but riot limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by County. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding Upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, Ocj's 16B 1 including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written.DATE ACQUISITION APPROVED BY BCC: 3/204 I,/ AS TO COUNTY: DATED: 3/26/2,4 totoilituite ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE -c. CRYSTAL K. KINZEL, Clerk GOVERNING BODY OF COLLIER COUNTY " ••,.' , AND AS EX-OFFICIO THE" GOVERNING .'L. °, '•. BOARD OF THE COLLIER COUNTY --S /AAA 1. up WATER-SEWER DISTRICT -..`' Attest as to C ;,it , '- signature only' BY: - ' ` Chn all, Chairman GPO 16B 1 AS TO OWNER: LOAL PROPERTIES, LLC, a Florida limited liability company i fitness (Si nature) CAMS A"Erm Name (Print or Type)e)V Heath Eskalyo, Authorized Member ei itness7 (Signature) 6>amei'u 4. ,q//)1L Name (Print or Type) Approved to form and legality: ally A. kar ssist C unty ttorney , 1��1.12�j 67-0) 16B 1 04+0 90 80f Sd-f y 6 i\53HJ13N5\a3A11n5\SNO1lYn7t/i13 311S A,7NS/71S3N NO/l Y15 •'•. - 1-9ZlIJJ - t c\61 Ud A3At!/1S 133rodd\A3vJn5\•'9 4 IO o S F R, a u r I o. 1-,0 (117 De '►0i P d ) n Of (tn b.m In. , O.s, mIQ iWr 1r d, N g �YQ SS 1- (� Ip U V I- uJ w ` W -.II.st O.U, COI 2,gILL h �• \4 '� J W •- El n y Z O :1:' 7 O O G O 6 1 l/) m<3'n p, • ry r ^ Q '' CO Z �' W Q J g- .1 --_• .�— F' t0 In � W 1 W z�OW e ' '' W ; W a W O w U t ;,, W i N Q. 0 , d C N W N N C-4 N Z ill Q c7 C4 Li v *n. N a o sJ4 m c+ m d m a c> !1 W 4 1r Cr Q 0 J 1 "y z z z N tr T Q_• } Q Z O 4.1ta< wv tv. I s V F YF LL It 4 ten ' 1 ', � -6 < W H o )OC) L�� t- o }} oZWOZ Zo : 0 Z F- tn _-Nao a)) Q Za -)MTU 2 D 01nIf) Ll I-- Ili Y Cr 0 p ^ Z W J U Jw Q N JU ZO ti Oa. �� U W LI co v ��cci W 0 EA, g O OV y. ,., ,w i 1 ..-1 mom <''' -qq rn r ei. N O ._ a'< - �, •:' _ pry W j 2 co o` ra CC o Ji a-'` • • «� t`z&• t� • Kw0 _ - OY � g uT- y 0 . To nO NW O _ C... S. j :i 6 N _ _ O4 m t Vt z Vt••D W •,' •t• Q=d' li • - • . ! - ~ O'-.-. `,? O O _ _ pp6Oo ' _ - ; LJ 1-- ot03 ¢a Za W• t Q' • • w Zoe •io` = a< N VICL W W Q M• 2 alu 'j- 7 zaG NZ n dW •. m Z ZW W E - D <M _ 2 LE- 1n W - J-i - .. _ ' ' M lam' '�'m QI s 6,) W sO .. u3 rNm - -= _ _ .--• z co N�3ztn • . • z Z u = •- 0- <ai� <L - - - Z _O Jlaam.c a� U .2 m t,!Q° PROJECT: PS RESILIENCY EASEMET{TS -318 PUMP STATION: 308.05Foriotlo: 61833500001 u, Prcryrelbg !l;lUffion* 9a14 -taniani Trl 3 u, lt {h Naplcs, 7s it1112' 51 <t1d LIJ)oGFo- =o(., oLo eFI@-lr o<o<PL - .) (l -.^N;Eh+=<o6SxOdl;l arNOL-iiuZP SoFQg Ex;qe,(,)[:oo <EOOO EO LTJGJ H8qf, LIJ =0.o <. (J aQ ue <taLd 83358 irr;=Ota3xPdtsEo=>E iEuZP REria()oo(rt;585e zEEBB THIS IS A CORRECTIVE UTILIW-EASEMENT MADE TO CORRECT THE LEGAL DESCRIPTION PREVIOUSLY RECORDED UTILITY EASEMENT IN O.R. BOOK 6345, PG 1636-1638, OF COLLIER COUNTY, FLORIDA, wHlcH HAD AN INCORRECT LEGAL DESCRIPTION ATTACHED A)EXHlBlT "A". UTILIry EASEMENT t/,z L'/AlL , a Florida lim lS UTILITY EASEMENT, made and entered into this day of .2024, by LOAL PROPERTIES, LLC, a Florida limited liability company liability company, whose mailing address is 10360 W ST RD 84, FORT LAUDERDALE, FL 33324, as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNry, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX.oFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SAIER DISTRICT, whose mailing address is 3335 Tamiami Trail East, Suite 101 , Naples, FL 34112, its successors and assigns, as Grantee. (Whacvrr u!6d ha6in lha blna lcrrntoa md 'Gnnlar' includr alllh. p.ni6 b thit rnatrumait and lhair r.sp.diva h.rfl. l€g.l reprelcntrtlr8, tlEcallol! or asaign! ) WITNESSETH Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, granls, bargains and sells unto the Grantee, its successors and assigns, a perpotual, non-exclusive easement, license, and privilege for utility, access and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A' which is incorporated herein by reference. Subjecl to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enler upon said land, excavate, and place or remove materials including, but not limited to, utility lines and pipes, and other equipment or improvements appurtenant thereto..or thereunler for the purpose of conslructing, operating, maintaining, and accessing utility facilities thereon, Grantor and Grantee are used for singular or plural, es the context requires. The easements granted hereln shall constitute easements running with the land and shall burden the lands described above. e, lN WTNESS WHEREOF, the Grantor has caused these presents lo be executed the date and year flrst above wrinen. LOAL PROPERTIES, LLC, a Florida limited liability company fus Name (Print or Type) (s BY Y /xE/ _.-- P.r,rtt/^- Fleath Eskalyo, Autlbiized Member Name (Print or Type) STATE OF COUNW OF The foregoing Utility Ease or ! online notarization ment was acknowled this ! (St-day ged oy ,"an. olA$-nysicat presence )rrenatu re me of 2024 by Heath Eskalyo, Authorized Member. on behalf of LOAL PROPERTI , LLC. a Florida limited liability company. Such person(s) Notary Public must check applicable box: ,Xrr" Personally known to me. I produced her cunenl driver license. (Notary Seal) h as to form and legality: as identification Notary Public Printed Name of Notary: Commission Number: My Commission Expires fur- A24-t- taJ r bri ,;l)&(t^, '?i$idi'i..qr+.:. str4PsoN N 0ta blic Slat lorida ilH 906 txpi 1017s€p edEond rh Ndtionao!gh Assn.Notary Sall County Attomey \lt?fb\ @ E produced Sr'7o rzl L cHRtsTtuE CommiSrion Colnir.25, ,r\er\202r@r\,0-,r-202, lt tu'aE.nf . I- 202rn, Dh@t ,r:Lo E Wt V @n F LINE BEARING DISTANCE L1 N 8936'26' E 20.00'a N OO39'21' W 20.00' L3 N 8956'26' E 9.OO' L4 s oo39'21' E 22.OO' L5 N 8936'26' E 29.00' L6 N OO59'21' W 2.O0' EXH IBIT N I 3: A to' 1 - '10' TERRACE AVENUE (60' R|GHT-OF-WAY) 30.00' N89'36'26"E leesrs or ereRrr'tc; L3 S. RIGHT_OF-IYAY UNE 20'x20' ITIUTY EAST}'EI'II (o.R. 1377, Pe. 2277) 5 f, POB s1v mRilfn 0F UNUIY ESMI (o.R. t,n, PG. 22n) PARCEL NO_ 61833600001 (0R 4J,+4, PG 614) L1ro L5 PARCEL N0. 61$3€0001 (o.R. 4808, PG. 8) *NOT A SURVEY* z, (- o-oeIL tFrtti Rr x^:i OAIE 10/2023 SKETCH & DESCRIPTION PUMP STATION 30806 EASEMENT 950 Encor. Woy Nopl.r, FL 54llo Phon.: (259) 254-2000 Florldo C.rllflcoL of Authorl2otlon No. r 772 xmG tr. H-2a79 ,I $iEr 0f 9rrl 2 motEI tio. 2()21-OOt sEc-TIlre 2-50S-25E TTI M[d m rr 2!i1.r l'!,,2t!J,a,6l\tFt-rD It ali\Enr .D xr.@rd, rolufrt ,*0 ! tud Dr ,a'',/t!9- EXHIBIT AF!F-A:AE I.TCAL DESCRIPTION A PARCEL OF LAND LOCAIED IN A PORTION OF LOT 28, NAPLES GROVES AND TRUCK COMPANY NO. 2, ACCORDING TO IHE PLAT 'THEREOF AS RECORDED IN PLAT BOOK 1, P AGE 27 OF IHE PUBUC RECORDS OF COLUER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT IHE SOUIHWEST CORNER OF A 20'x2O' UTILITY EASEMENT AS DESCRIBED lN OFFICIAL RECORD BOOK 1377, P ACE 227A, COLLIER COUNTY PUBUC RECORDS, COLUER COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY LINE OF SAID TMLMY EASEMENT, RUN N89'56,26,E FOR A DISTANCE OF 2O.OO FEET TO A POINT ON THE EAST UNE OF S{D UTIUTY EASEMENT; THENCE ALONG THE EAST UNE OF SAID UTIUTY EASEMENT RUN NO039'211t FOR A DTSIANCE OF 20.00 FEEr TO A Po|NT ON THE SOUTHERLY RIGHT-OF-WAY OF TERRACE AVENUE (60', RIGHT-oF-WAY); IHENCE ALONG THE SoUTHERLY RIGHT-OF-WAY OF SAID TERRACE AVENUE RUN N89'36'26'E FoR A DISTANCE OF 9.00 FEEI; THENCE LEqVNG SAID RIGHT-OF-WAY RUN S0O39'21'E FOR A DISIANCE OF 22.00 FEEI; THENCE RUN S89'36'26'W FOR A DISTANCE 0F 29.00 FEE[; THENCE RUN N00'59'21'W FOR A DISTANCE OF 2.00 FEEr, TO THE POINT OF BEGINNING. CONTAINING 238.00 SQUARE FEE[, MORE OR LESS. BEARINGS REFER TO THE SOUTHERLY RIGHT-OF-WAY UNE OF TERMCE AVENUE, AS BEING N89'56,26.E. HOLE MONTES, INC. CERTIFICATE OF AUIHORIZATION NUMBER LB 1772 Digitally signed .by John Hilton Date:2023.10.06 13:04:06-04'00' j' 6278 - i--f$<STATE OF LORtDA..... S4lysyo{ BY 1S6278 JOHN J. HILTON STATE OF FLORIDA mlft B/: KA:;ErT- 2 OATE 101202tF!Et- 2 9Y) Encor. Woy Nopl.., FL s,al l0 on.: (259) 254-2000 Florldo C.rllflcoL of +lIlF' .n HOLET/lOifTEI Authorlu ollon No. | 772 SKETCH & DESCRIPTION PUMP STATION 50806 EASEMENT IRr;llG tS. H-2179 PnofcT to. 202r.oo'l SEC-TXIHGE 2-50S-25E ttr Mlf nt !0 ILmLr J, HIL ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 B 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received' the County Attorney Office I er than Monday preceding the Board meeting. ROUTING SLIP l 1 o Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already om Ile with e exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Coun Attorney • ice. Route to Addressee(s) (List in routing order) Office Initials Date r 2. 3. County Attorney Office County Attorney Office 1)0 w 10 11-02; 4. BCC Office Board of County Commissioners R( t v n3/s/ l o/l 3/z 5. Minutes and Records Clerk of Court's Office fi'��Mr ,7)/144 Ali3/2-b PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ronald Thomas Phone Number 252-5861 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Resolution 2010-39 Agenda Item Number 16.B.1 Approved by the BCC 02/23/2010 Type of Document Subordination of Utility Interests Number of Original 1 Attached Documents Attached PO number or account Project 60199 number if document is 331-163650 to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RT 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the RT document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's RT signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip RT should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on September 23,2010 and all changes RT made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the n BCC,all changes directed by the BCC have been made,and the document is ready for the 1 J Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Receipt# 008772425 10/18/2023 8:21:57 AM ,0,,ti,FRco�Nl, Crystal K. Kinzel 1 6 B Clerk of the Circuit Court and Comptroller a o o — I J _'��� ` 0 i 0FTIlF,fIRCJ`S gg O , @ :Dia Customer Deputy Clerk Clerk Office Location CLERK TO THE BOARD/MINS Stephanie L. Carr Collier County Govt. Center & REC Recordinghelp@collierclerk.com Building LA, 2nd Floor 3299 TAMIAMI TRL E STE 401 (239)252-2646 3315 Tamiami Trl E Ste 102 NAPLES, FL 34112 Naples, Florida 34112-4901 1 Document Recorded DOC TYPE INSTRUMENT BOOK PAGE AMOUNT Agreement 6465784 6297 2244 $45.00 TOTAL AMOUNT DUE $45.00 Clerk Account#: BCC ($45.00) BALANCE DUE $0.00 Note: 10/18/2023 8:21:57 AM Stephanie L. Carr: Transportation Engineering/ROW Charge account: 331-163650-649030 Disclaimer: All transactions are subject to review/verification. The Clerk reserves the right to correct for clerical errors and to assess or refund charges as needed. @CD[In®T@R;11712Zn@gBM Page 1 of 1 INSTR F465784 OR F29,7 PG 2244 RECORDED 10I18/2023 8:21 AM PAGES 5 Project: 60199 Vanderbilt Beach Road CLERK OF THE CIRCUIT COURT AND COMPTROLLER Parcel 104FEE COLLIER COUNTY FLORIDA Folio No.: 66679305989 REC$44.00 INDX$1 00 SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this 31' day of /64sc.,1 . 2023, by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"), and COMCAST OF FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a Colorado limited liability company, formally known as COMCAST OF COLORADO/FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/VVASHINGTON, LLC, a Colorado limited liability company, as successor in interest to COMCAST OF THE SOUTH, INC., a Colorado corporation, whose mailing address is 301 Tower Road, Naples, Florida 34113-8074 (hereinafter referred to as "Utility") WITNESSETH: WHEREAS the Utility has an interest in that certain tract or parcel of land lying and being in Collier County, Florida, more particularly described and set forth in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, the County has determined that this Property is suitable and appropriate for highway purposes road right of way; and WHEREAS, the County's proposed use of the Property highway purposes of road right of way requires the subordination of the interest in the Property by the Utility to the County and WHEREAS, the Utility is desirous of consenting to the subordination and the relocation of its facilities within the Property, if necessary; and WHEREAS the County is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto. the receipt and sufficiency of which are hereby acknowledged, Utility and County hereby agree as follows: 1. The Utility hereby subordinates any and all of its interest in the Property (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors and assigns, for the purpose of constructing, improving, maintaining and operating a road under, t based the following across said Property, including, but not limited to the claim of interest ,.,.,-rrrnr: nvrNCITMRRANCE DATE RECORDED BOOK, PAGE 16B 1 Property will be subject to prior approval by the County. If the County requires the Utility to alter, adjust, or relocate its facilities from or within the Property, the County shall give the Utility 90 (ninety) days' written notice to do so and hereby agrees to pay the reasonable cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 3. The Utility shall have a reasonable right to enter upon the Property for the purposes outlined in paragraph 2 above, including the right to trim such trees, brush, and growth which may endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 4. The Utility shall repair any damage to the County's facilities resulting from the exercise of its rights as outlined in paragraphs 2 and 3 above. 5. These terms and conditions shall be attached as an addendum to that permit, if any, required by the County for location of the Utility's facilities within the Property. 6. This Agreement shall be assignable only to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. r G. ATTESTBOARD OF COUNTY COMMISSIONERS CRYSTAL K. Z . rk COLLIER COUNTY FLORIDA : ~� II BY: •test a `t �' rna!�s'm puty s -r' RICK LoCASTRO, Chairman signs ure"oMy.7.,,.`,:. Signed, sealed and delive'-d COMCAST OF FLORIDA/MICHIGAN/NEW in our presence as witne- es: MEXICO/PENNSYLVANIA/WASHINGTON, LLC a Colorado limited liability company By: COMCAST CABLE COMMUNICATIONS, LLC S (Signatur ) a Delaware limited liability company, as Manager Name:7A,A n a S - R ATION, a (Print or Type) By: COMCAST H DI► . Pennsylvani 'c• •o - ' n anager WITNESS (Signature) By: Name: Ca 12undaz20 ( �' fA i1,11 24/ (Title)or Type) ( ) 16B 1 STATE OF pat,ottl COUNTY OF %a et-, The foregoing Subordination of Utility Interests was acknowledged before me by means of physical presence or D online notarization this 3 day of u9(A..-)}- , 2023, b� iC41� U kcJt- (Name), as I`U. 1 ,`y ' s€%# (Title), of COMCAST HOLDINGS, INC., a Delaware corporation, Manager of COMCAST CABLE COMMUNICATIONS, LLC, a Delaware limited liability company, as Manager of COMCAST OF FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a Colorado limited liability company, on behalf of the corporation and the companies, who is personally known to me or who has produced as identification. affix notarial seal) 1-/-�� (jirtft4t ' � ( (`(Signature of Notary Public) THERESA LYNN MARTIN �i1 f4 IQ L i\ 01 1 iNi IFS Notary Public-State of Florida (ll rf 1 C • 1 Oommission�HH 323820 ': (Print Name of Notary Public) oR,h` MY Comm. NationExpire Feb 14, Assn NOTARY PUBLIC "8onde�l through National Notary Assn. Serial/Commission # (if any) _ My Commission Expires: _ Ap rov d as o for a egality: ---- tRY, C =\ Assistant County Attorney ) \ \ \ 1 1,- 16B 1 104FEE Rig EXHIBIT A N6a°3. Ss9°s,� �ry y�q� Page 1 of 2 SOUTHERLY RIGHT-OF-WAY �a O9. 8� ^ �� GOODLETTE FRANK ROAD/ 1� VANDERBILT BEACH MOO ro, ?' R=96.00' �N, rG 'Ay 4a� OQ � s , lA=85°31'03" , � ele , e , 4 C 1so• r if0 CB=S67°35'20"W s 8 C T oy'' 6xiS Iti Q L=1430.29' PD�oF�'` Ac 70 ��/`S�O` b ,,I NOTES: w 1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO BE USED AS ONE. orn 2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE IN FEET AND ARE PROJECTED ONTO THE FLORIDA Q coco STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH �? AMERICAN DATUM OF 1983 (NAD83), 2011 a 3 Q rt PARCEL No. 66679305989 } IJJ NAPLES CHRISTIAN CHURCH ADJUSTMENT. ti QEN (ORB 2468, PG 3224) 3. BEARINGS SHOWN HEREON ARE BASED ON THE I U cv EASTERLY RIGHT-OF-WAY OF GOODLETTE-FRANK o W I -� p ROAD, WHEREIN SAID EASTERLY LINE BEARS E H p m N. o NOT 08'12"E. I o N. PARCEL CONTAINS 6,074 SQUARE FEET OR 0.139 - W = Z ) ACRES, MORE OR LESS L.0 a c� 5. P.O.C. = POINT OF COMMENCEMENT A 6. P.O.B. = POINT OF BEGINNING ce o O 8. ORB = OFFICIAL RECORDS BOOK ce NI w N O DESCRIBED PARCEL OF LAND 9. PG = PAGE o o (CONTAINS 6,074 SO.FT./0.139AC.,+) 10. SQ/ / RIGHT-OF-WAY FEET / ACRES o a 12. R = RADIUS - E Ln 13. A = DELTAw (BASIS OF BEARINGS) 14. CB = CHORD BEARING , EASTERLY RIGHT-OF-WAY 15. C = CHORD LENGTH z 9 GOODLL I 1E-FRANK ROAD 16. L = ARC LENGTH a 2 17. NOT VALID WITHOUT SHEETS 1 THROUGH 2 OF 2. o w 0. P.O.B. THIS IS NOT A SURVEY z - I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE T AND BELIEF, THAT THE LEGAL DESCRIPTION AND J 'o N82°51'48"W 6.50' ATTACHED SKETCH WERE PREPARED IN ACCORDANCE _1N07'08'12'E 65.90 WITH THE APPLICABLE PROVISIONS OF CHAPTER a 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT o I TO CHAPTER 472, FLORIDA STATUTES. w x w P.O.C. Digitally signed i INTERSECTION OF THE ELY RIGHT-OF-WAY OF ' GOODLETTE FRANK ROAD (WIDTH VARIES)AND avi by David Hyatt t THE SW'LY CORNER OF THE LANDS AS DESCRIBED r IN OFFICIAL RECORDS BOOK 2468, PAGE 3224, w J 3 PUBLIC RECORDS OF COWER COUNTY FLORIDA Date. w N w d J PARCEL No. 00176880002 IU1yatt FLORIDA POWER & LIGHT COMPANY 8 (ORB 524, PG 121) 202315:45:23.02 -.13 ce 05'00' L 0 N cn IDAIS VID JETCH HAS HYATT (FOREN THEI FITALLY IRM MLA.BPGNED 642) BY: PROFESSIONAL SURVEYOR AND MAPPER o i FLORIDA CERTIFICATE NO. 5834 orr S 0 ON THE DATE ADJACENT TO THE SEAL. o w 0 0 25 50 100 PRINTED COPIES OF THIS DOCUMENT ARE NOT 0 I CONSIDERED SIGNED AND SEALED, AND THE DIGITAL J 1 (INTENDED DISPLAY SCALE: 1"=100') SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC Q N ■1 C� i COPIES. '� o SKETCH AND DESCRIPTION o JOHNSON ENGINEERING, INC. PARCEL OF LAND LYING IN w �, 2350 ENGINEERING, COURT SECTION 34,TOWNSHIP 48 SOUTH,RANGE 25 EAST trsiote � o �r NAPLES, FLORIDA-. 34112 COLLIER COUNTY,FLORIDA,,, - _ o 16B 1 104FEE EXHIBIT A DESCRIPTION Page 2 of 2 A PARCEL OF LAND LYING IN A PORTION OF TRACT 2, PELICAN MARSH GOLF COURSE, PHASE ONE AND LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 2468, PAGE 3224 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA A PARCEL OF LAND LYING IN A PORTION OF TRACT 2, PELICAN MARSH GOLF COURSE, PHASE ONE, AS RECORDED IN PLAT BOOK 23, PAGE 40 AND LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 2468, PAGE 3224, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF GOODLETTE-FRANK ROAD (RIGHT-OF-WAY WIDTH VARIES) AND THE SOUTHWEST CORNER OF THE LANDS AS DESCRIBED IN THE AFOREMENTIONED OFFICIAL RECORDS BOOK 2468, PAGE 3224, THENCE N.0708'12"E. ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 65.90 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING, THENCE, CONTINUE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, SOUTHERLY RIGHT-OF-WAY AND THE SOUTHWESTERLY RIGHT-OF-WAY OF VANDERBILT BEACH ROAD (WIDTH VARIES) FOR THE FOLLOWING THREE (3) COURSES: 1. N.07'08'12"E., A DISTANCE OF 486.49 FEET; E 2. N.68'32'43"E., A DISTANCE OF 78.27 FEET; ,n 3. 5.5751'48"E., A DISTANCE OF 59.09 FEET TO A POINT ON A NON-TANGENT CURVE N TO THE LEFT; THENCE DEPARTING SAID RIGHT-OF-WAY AND ALONG SAID CURVE TO THE LEFT HAVING A N RADIUS OF 96.00 FEET, (DELTA 85'31'03"), (CHORD 130.35 FEET), (CHORD BEARING S.67'35'20"W.), AN ARC DISTANCE OF 143.29 FEET; THENCE S.07'08'12"W., A DISTANCE OF 430.12 FEET; THENCE N.82'51'48"W., A DISTANCE OF 6.50 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL OF LAND CONTAINS 6,074 SQUARE FEET OR 0.139 ACRES, MORE OR LESS. BEARINGS DESCRIBED HEREON ARE PROJECTED ONTO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (NAD83), 2011 0. ADJUSTMENT AND BASED ON THE EASTERLY RIGHT-OF-WAY OF GOODLETTE-FRANK ROAD, WHEREIN SAID EASTERLY LINE BEARS N07'08'12"E. t *NOT VALID WITHOUT SHEETS 1 THROUGH 2 OF 2. 0 5 *THIS IS NOT A SURVEY. o:� II 0 J f0 0 O L u a§ m u 0 N i SKETCH AND DESCRIPTION I I H s `r JOH NSON ENGINEERING, INC PARCEL OF LAND LYING IN 0 2350 STANFORD COURT SECTION 34,TOWNSHIP 48 SOUTH,RANGE 25 EAST NAPLES, FLORIDA 34112 COLLIER COUNTY,FLORIDA s PHONE: (239) 434-0333 ,___.-