San Marino Naples, LLC
Memorandum
TO:
Minutes & Records Management
FROM:
Sharman Veger
Property Acquisition Specialist
Real Estate Services
DATE:
December 6, 2005
RE:
SCRWTP - San Marino Naples, LLC
Please find attached one (1) oriqinal recorded Access Easement and one (1) oriainal
recorded Utility Easement and one (1) Easement Agreement for the above referenced
project.
The Board of County Commissioner of Collier County, Florida approved the acquisition
pursuant to Agenda Item 10 C, dated May 10, 2005.
Please contact me if you have any questions or comments at extension 2622.
Thank you.
attachments as stated
Office of the Real Property Management Department
-.-----...". ~-
PROJECT: SCRWTP RO Expansion to 20 MGD Wellfield Project
PARCEL NO. 845R & 945R
FOLIO: 00410760008
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this ;J.-:? rJ. day of <.,. <fX~ ~ , 2005, by and between SAN
MARINO NAPLES, LLC, a Delaware limited liability company, (hereinafter referred to
as "Owner"), whose mailing address is 401 Commercial Court, Suite A, Venice, FL
34292, 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 3301 East
Tamiami Trail, Naples, Florida 34112;
WHEREAS, County requires a perpetual, non-exclusive Utility Easement for the
purpose of utility facilities, and access to, over, under, upon and across the lands
described in Exhibit "A" (hereinafter referred to as the "Utility"), which is attached hereto
and made a part of this Agreement;
WHEREAS, County has requested that Owner convey to the County a perpetual,
non-exclusive Access Easement for the purpose of access to, over, upon and across
the lands described in Exhibit "B" (said easement hereinafter referred to as the
"Access"), which is attached hereto and made a part of this Agreement;
WHEREAS, Utility and Access is hereinafter referred to as the "Property".
WHEREAS, Owner desires to convey the Property to County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, County 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:
1.
Owner shall convey the Property via an Utility Easement and Access Easement to
County for the sum of $54,800.00, payable by County Warrant (said transaction
hereinafter referred to as the "Closing"). Said payment shall be full compensation
for the Property conveyed, including all landscaping, trees, shrubs,
improvements, and fixtures located thereon, and for any damages resulting to
Owner's remaining lands, and for all other damages in connection with
conveyance of said Property to County, including attorney's fees and costs as
provided by Chapter 73, Florida Statutes.
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.
...- . -...,
Closing shall occur within sixty (60) days from the date County exec~tes 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,
EA - UE/AE
Page 2
Easement Agreement
encumbrances or qualifications affecting County's enjoyment of the Property. At
Closing, County shall deliver the County Warrant to Owner and Owner shall
deliver the conveyance instruments to County in a form acceptable to County.
4. 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.
,
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 land 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 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. 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 land underlying the Property from the
mortgagee(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 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 land underlying 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 land underlying 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.)
EA-UElAE
Page 3
Easement Agreement
11 . 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 \..I~ day of Ot"'M""^H/\ , 2005.
Date property acquisition approved by BCC:
AS TO COUNTY:
DATED:(~ ~I~
. ,
.. . . l ,~
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
ATTEST:
DWIGHT E. BROCK, Clerk
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BY, Ît-.J... w. ~
FRED W. COYLE, Chairm
DATED:S~ ~~,;LùD5
ab(,l-oVLß.~ I~,,--
Witness (Signature)
Name: Ìli-' ~~,)[ L"- V\ ~(\~ ~'...'-
(Print or Type)
By:
401 Commercial Court
Suite A
Venice, FL 34292
Approved as to form and
legal sufficiency:
.ÇlL V-~
Ellen T. Chadwell
Assistant County Attorney
~
EA-UElAE
EXHIBIT A
PAGE---1-0F :J.
PROJECT '7 octet 2..1
PARCEL t1 4 S- r?
FOLIO OOL¡/ù7føoo0<:6
SKETCH AND DESCRIPTION
OF A UTILITY EASEMENT
IN THE SW 1/4 OF THE NW 1/4 AND THE NW 1/4 OF THE SW 1/4 OF
SECTION 11, TWP 50 S, RGE 26 E, COLLIER COUNTY, flORIDA
NORTH UNE SECTION 11
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N66"17'«"E 1163.59'
NORTH UNE OF THE S 1/2 OF
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THE NW 1/4
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SEE SHEET 2 OF 2
FOR DESCRIPTION
---~____d&~________
JAME . y.,LKISON (FOR THE FIRM LB6773)
PRO SIONAL SURVEYOR AND MAPPER
FlORIQA UCENSE NO. LS 4876
THIS ~~AY OF ~ 2005.
UQJE: .
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULA TED ARE BASED ON A FlELD SURVEY OF
SECTION 11. BASIS OF BEARING: STATE PLANE
COORDINATE SYSTEM, Fl.A. EAST ZONE, '83/90.
THIS IS NOT A SURVEY
JEFFREY C." COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVE't1NGOCOONER.COM
CUENT: GREElEY AND HANSEN, LLC DRA~ BY: JNW CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DATE: 8/3/04 SCALE: 1·-100' REV: 3/16/05
UTIUlY EASEMENT IN THE NW 1/4
AND THE SW 1/4 OF SEC 11-50-26 PROJECT No: 020901 DWG No:SEC11T -AE(P5) SHEET: 1 OF 2
..
EXHIBIT
PAGE :l
A
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PROJECT 70 ~ 9 ~I
PARCEL 94 ç fè
fOLIO DOL( 1(/ ttø ObO ~
SKETCH AND DESCRIPTION
OF A UTILITY EASEMENT
IN lHE SW 1/4 OF lHE NW 1/4 AND lHE NW 1/4 OF THE SW 1/4 OF
SECTION 11. TWP 50 S. RGE 26 E. COLLIER COUNTY. FLORIDA
DESCRIPTION OF A 15-FOOT STRIP OF LAND LYING IN lHE SOUTH 1/2 OF THE SOUTH
1/2 OF TI-lE SOUTI-lWEST 1/4 OF TI-lE NORTI-lWEST 1/4. AND, TI-lE NORTI-I 1/2 OF TI-lE
NORTI-lWEST 1/4 OF THE SOUTI-lWEST 1/4, AND. TI-lE NORTH 1/2 OF THE SOUTH 1/2 OF
THE NORTI-lWEST 1/4 OF THE SOUTI-lWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY. FLORIDA:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 11, THENCE RUN
N88'17'44"E, A DISTANCE OF 1,163.59 FEET ALONG THE NORTH LINE OF SAID SECTION;
TI-lENCE RUN SOO·49'42"W. A DISTANCE OF 2401.51 FEET ALONG A LINE THAT RUNS
PARALLEL TO THE EAST LINE OF THE WEST 1/2 OF TI-lE NORTHWEST 1/4 TO THE POINT
OF BEGINNING; TI-lENCE RUN N8T54'59"E. A DISTANCE OF 15.02 FEET ALONG TI-lE
NORlH LINE OF SAID SOUTI-I 1/2 OF TI-lE SOUTH 1/2 OF THE SOUTI-lWEST 1/4 OF THE
NORlHWEST 1/4; TI-lENCE RUN SOO'49'42"W, A DISTANCE OF 678.01 FEET ALONG A LINE
THAT RUNS PARALLEL TO THE EAST LINE OF SAID SOUTH 1/2 OF THE SOUTH 1/2 OF
THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 TO THE SOUTH LINE OF SAID NORTHWEST
1/4; THENCE RUN S89'10'18"E FOR A DISTANCE OF 155.00 FEET ALONG SAID SOUTH
LINE TO lHE EAST LINE OF THE SOUTI-lWEST 1/4 OF THE NORTHWEST 1/4; THENCE RUN
SOO·49·42"W. A DISTANCE OF 15.00 FEET ALONG THE EAST LINE OF TI-lE NORTHWEST
1/4 OF lHE SOUlHWEST 1/4; TI-lENCE RUN N89·10'18"W. A DISTANCE OF 155.00 FEET;
lHENCE RUN SOO"49'42"W, A DISTANCE OF 679.24 FEET ALONG A LINE TI-lAT RUNS
PARALLEL TO SAID EAST LINE; THENCE RUN S8T42·01"W. A DISTANCE OF 15.02 FEET
ALONG TI-lE SOUTH LINE OF SAID NORTI-I 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST
1/4 OF TI-lE SOUlHWEST 1/4; THENCE RUN NOO"49·42"E. A DISTANCE OF 1372.30 FEET
ALONG THE WEST LINE OF A 170-FOOT FLORIDA POWER AND LIGHT RIGHT-OF-WAY
EASEMENT. SAID LINE RUNNING PARALLEL TO TI-lE EAST LINES OF lHE NORTHWEST 1/4
OF TI-lE SOUTI-lWEST 1/4 AND THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 AND TO
THE POINT OF BEGINNING. '.
CONTAINING 22.909 SQUARE FEET OR 0.53 ACRES, MORE OR LESS.
SEE SHEET 1 OF 2
FOR SKETCH
JEFFREY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BL YD., SUiTE.... FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, llC DRAWN BY: JNW CHECKED BY: J.N.W.
PARCEL DÈSCRIPllON: DATE: 8/3/04 SCALE: REV: 3/16/05
UllUTY EASEMENT IN THE NW 1/4
AND THE SW 1/4 OF SEC 11-50-26 PROJECT No: 020901 DWG No:SEC11T-AE(P5) SHEET: 2 OF 2
EXHIBIT
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PROJECT 7 0 ~'1;;¿ I
PARCEL ~ if £' ¡<.
FOLIO 00 L{ I v 7 (¿, 000 ~
SKETCH AND DESCRIPTION
OF AN ACCESS EASEMENT
IN THE SW 1/4 OF THE NW 1/4 AND THE NW 1/4 OF THE SW 1/4 OF
SECllON 11, TWP 50 S, RGE 26 E, COLLIER COUNTY, FLORIDA
N6617'44"E
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NORTH UNE SECT10N 11
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FOLIO NO,:
00410760008
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SEE SHEET 2 Of 2
FOR DESCRIPT10N
__~~.L.t:i'L~___
JAM N. WILKISON (FOR THE FIRM LB6773)
PR SSIONAl SURVEYOR AND MAPP,ER
flORIDA UCENSE NO. LS 4876
THIS ~"""õA Y OF ~ 2005.
twIE;
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULA TED ARE BASED ON A FIELD SURVEY OF
SECT10N 11. BASIS OF BEARING: STATE PLANE
COORDINA TE SYSTEM, FLA. EAST ZONE, '83/90.
THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUITE", FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL.: SURVEY1NGOCOONER.COM
CUENT: GREELEY AND HANSEN, U.C DRAWN BY: JNW CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DATE' 8/3/04 SCALE' 1"-100' REV: 3/16/05
AN ACCESS EASEMENT IN THE NW 1/4' ,
AND THE SW 1/4 OF SEC 11-50-26 PROJECT No: 020901 DWG No:SEC11T-AE(AE5) SHEET: 1 OF 2
-.
EXHIBIT ~
PAGE~OF ~
PROJECT _70 'ñ 'ì i/../
PARCEL _ t}{ 4 S- R..
FOLIO_óotj 107(, 00;; ~
SKETCH AND DESCRIPTION
OF AN ACCESS EASEMENT
IN mE SW 1/4 OF mE NW 1/4 AND mE NW 1/4 OF mE SW 1/4 OF
SECTION 11, TWP 50 S, RGE 26 E, COLLIER COUNTY, FLORIDA
DESCRIPTION OF LANDS LYING IN THE SOUTH 1/2 OF THE soum 1/2 OF THE
soumWEST 1/4 OF THE NORTHWEST 1/4, AND, mE NORm 1/2. OF mE NORTHWEST
1/4 OF mE SOUTHWEST 1/4, AND, THE NORm 1/2 OF THE SOUTH 1/2 OF THE
NORmWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA:
(1)COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 11, mENCE RUN
N88'17'44'"E, A DISTANCE OF 1,178.60 FEET ALONG THE NORTH LINE OF SAID SECTION;
THENCE RUN SOO·49' 42'"W, A DISTANCE OF 2401.42 FEET ALONG A LINE THAT RUNS
PARALLEL TO THE EAST LINE OF THE WEST 1/2 OF THE NORTHWEST 1/4 TO THE POINT
OF BEGINNING; THENCE RUN N8T54'59'"E, A DISTANCE OF 155.20 FEET ALONG THE
NORm LINE OF SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4 TO THE EAST LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4;
THENCE RUN SOO·49'42'"W, A DISTANCE OF 685.88 FEET ALONG SAID EAST LINE;
THENCE RUN S89'10'18'"W FOR A DISTANCE OF 155.00 FEET ALONG THE SOUTH LINE OF
THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE RUN NOO'49' 42'"E, A DISTANCE
OF 678.01 FEET ALONG A LINE THAT RUNS PARALLEL TO THE EAST LINE OF SAID
SOUTHWEST 1/4 OF THE NORTHWEST 1/4 AND TO THE POINT OF BEGINNING,
AND,
(2)COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 11, THENCE RUN
N88·17' 44'"E, A DISTANCE OF 1,178;60 FEET ALONG THE NORTH LINE OF SAID SECTION;
THENCE RUN SOO·49'42'"W, A DISTANCE OF 3094.43 FEET ALONG A LINE THAT RUNS
PARALLEL TO THE EAST LINE OF SAID WEST 1/2 OF THE NORTHWEST 1/4 AND THE
EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 TO THE POINT OF
BEGINNING; THENCE RUN N89'10'18'"E, A DISTANCE 'OF 155.00 FEET; THENCE RUN
SOO'49'42"W, A DISTANCE OF 670.77 FEET TO THE EAST LINE OF THE NORTHWEST 1/4
OF THE SOUTHWEST 1/4; THENCE RUN S87·42'01"W, A DISTANCE OF 155.23 FEET
ALONG THE SOUTH LINE SAID NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4
OF THE SOUTHWEST 1/4; THENCE RUN NOO'49'42"E, A DISTANCE OF 679.24 FEET
ALONG A LINE THAT RUNS PARALLEL TO THE EAST LINE OF THE NORTHWEST 1/4 OF
THE SOUTHWEST 1/4, AND TO THE POINT OF BEGINNING. .
CONTAINING 210,328 SQUARE FEET OR 4,82 ACRES, MORE OR LESS.
SEE SHEET 1 OF 2
FOR SKETCH
JEFFREY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUITE 4, FORT MYERS, flORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER,COM
CUENT: GREELEY AND HANSEN, llC DRA ~ BY: JNW' CHECKED BY: J.N. W.
PARCEL DESCRIPTION: DATE: 8/J/D4 SCALE: REV: J/16/05
AN ACCESS EASEMENT IN THE NW 1/4
AND THE SW 1/4 OF SEC 11-50-26 PROJECT No: 020901 DWG NO:SEC11T-AE(AE5) SHEET: 2 OF 2
,
~+-'-,."._''"..._,---.-
,.,.-
:~'D346 OR: 3903 PG: 2624
RBCORuöO in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
10/04/2005 at 01:13PM D~IGHT B. BROCK, CLBRK
REC FBB
COPIBS
35.50
4.00
\ : \
f--" .
\,
PROJECT: SCRWTP RO Expansion to 20 MGD Wellfield PR~!frPt
PARCEL NO. : 845R RBAL ESTATE SBRVICES
FOLIO: 00410760008 EXT 2622/SHARKAN
INTER OFFICE
ACCESS EASEMENT
THIS EASEMENT, made and entered into this ;l.3¡'Ðday of S6? re;""Ij~ ð,fè
2005, by SAN MARINO NAPLES, LLC, a Delaware limited liability company, whose
mailing address is 401 Commercial Court, Suite A, Venice, FL 34292, (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 3301 East Tamiami Trail,
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.)
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, its
successors and assigns, a perpetual, non-exclusive easement for access purposes, on,
over and within 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.
~
Uf'l~a '... ..'
Witness (Signature) A ~ :,
Name: ()e-b-J~ ('-....It-- .' V\rì'i'-
(Print or Typer
¿1 , /Î
a~, (()L¿~
Witness lSignature i '
Name: {();e /i<f~ )
(Print or Type)
By:
AE
1
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONERS
COlLIER COUNTY. FLORIDA. ·
PURSUANT TO AGENDA
DATED: s--IO~C'")' ITeM NO. lú~C
é~~R1>°~~~'8û~%~~~~~J?cPJEm~
COLLIER COUNTY FLORIDA,
PURSUANT TO THE PROVISIONS ,,--, ,r· /'
OF p¡:SOl.UT~.~~?;2.~~_~.::~~~~.'.·~~~> '
This PfOP8FW has been ~uired under
threat òf c:åndémnatiOn and is exempt from
downentafy stamp tax.
OR: 3903 PG: 2625
STATE OF 2êÆî. ,d c,
COUNTY OF :::>0 (j;t ~urc-
The foregoing Access Easement was acknowledged before me this 23 day of
<Ç.R pt-. , 2005 by N. Berry Taylor, Manager, on behalf of SAN MARINO
NAPLES, LLC, a Delaware limited liability company, who ~ersonally kno,^,-!, to me or
who has produced as identification. . ....
WITNESS my hand and official seal this 2s day of s.~ ,2005.
DeborabA, ~
.. i::tion it OD368473
October 18, 2008
........................ ...-
{y. b~dA-·~~ ~
(Signature of Notary Public)
. \.? Ùí c^- A . 'f- -f., .'-.. VI <. ~""-
(Print Name of Notary Public
NOTARY PUBLIC . . .
Serial/Commission #:(if any) Y D :.sS b \..-1 )5
My Commission Expires: I U - ( I..ß' u f,.
(affix notarial seal)
A~S \0 fo~ & legal sufficiency
V CL.;;¿.n---
Assistant County Attorney --
Ellen T. Chldwell
AE
2
"
EXHIBIT
PAGE
A
OF a
OR: 3903 PG: 2626
PROJECT 70 '8'1;;¿ I
PARCEL ~ If ç f<
FOL 10 ò() L{ I v 7 f.t, 000 ~
SKETCH AND DESCRIPTION
OF AN ACCESS EASEMENT
IN THE SW 1/4 OF THE NW 1/4 AND THE NW 1/4 OF THE SW 1/4 OF
SECTION 11, TWP 50 S, RGE 26 E, COLLIER COUNTY, FLORIDA
- --
Naa, 7' 44 wE
/'
NORTH LINE SECTION 11
""
~-:
· N
~"':
~~
ON
o
(J) Na7'54'59wE
155.20'
1178.60'
P.O.C.
NW CORNER OF
SECTION 11
NORTH LINE OF THE S 1/2 OF
THE S 1/2 OF THE SW 1/4 OF
THE NW 1/4
P.O.B. (1)
S 1/2 OF THE S 1/2 OF'
SW 1/4 OF THE NW 1/4
I T-
o
cd
,....
CD ~
t IÓ
170' co
CD
w F.P.&L. R/W
..,. EASEMENT
.
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8
z
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N89'10'18WW T-
155.00'
589'1018 E
155.00'
w
.
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0)..,. d
,...., ,....
«00
0 «0
z
155.23'
S87'4201 W
IS.EX:
F.P.&L-FLORIDA POWER & LIGHT CO.
R/W - RIGHT-OF-WAY
P.O. B.-POINT OF BEGINNING
P.O. C.-POINT OF COMMENCEMENT
FOLIO NO.:
00410760008
P.0.B.(2)
N 1/2 OF NW 1/4 OF
THE SW 1/4 AND THE N
1/2 OF THE S 1/2 OF THE
NW 1/4 OF THE SW 1/4
SOUTH UNE OF THE N 1/2 OF
THE S 1/2 OF THE NW 1/4 OF
THE SW 1/4
--~. ~.L~L~___
JAM N. WILKISON (FOR THE FIRM l86773)
PR SSlONAL SURVEYOR AND MAPPER
flORIDA UCENSE NO. LS 4876
THIS ~""õA Y OF ~ 2005.
"<t
,
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<IL.
wo
SEE SHEET 2 OF 2
FOR DESCRIPTION
tiQIE;
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULATED ARE BASED ON A RELD SURVEY OF
SECTION 11. BASIS OF BEARING: STATE PLANE
COORDINA TE SYSTEM, flA. EAST lONE, '83/90.
THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIA TES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W.
PARCEL DESCRIP110N: DATE: 8/3/04 SCALE: 1--100' REV: 3/16/05
AN ACCESS EASEMENT IN THE NW1/4
AND THE SW 1/4 OF SEC 11-50-26 PROJECT No: 020901 DWG NO:SEC11T-AE(AE5) SHEET: 1 OF 2
->-"'......",.~
, ','
*** OR: 3903 PG: 2627 ***
EXHIBIT
PAGE ~
A
OF ð.
PROJECT 70 <is' q ;¿ I
PARCEL ~ 4 5' R
FOLIO 00,-/ 107(, 000 ~
SKETCH AND DESCRIPTION
OF AN ACCESS EASEMENT
IN THE SW 1/4 OF THE NW 1/4 AND THE NW 1/4 OF THE SW 1/4 OF
SECTION 11, TWP 50 S, RGE 26 E, COLLIER COUNTY, FLORIDA
DESCRIPTION OF LANDS LYING IN THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE
SOUTHWEST 1/4 OF THE NORTHWEST 1/4, AND, THE NORTH 1/2 OF THE NORTHWEST
1/4 OF THE SOUTHWEST 1/4, AND, THE NORTH 1/2 OF THE SOUTH 1/2 OF THE
NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA:
(1)COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 11, THENCE RUN
N88'17'44"E, A DISTANCE OF 1,178.60 FEET ALONG THE NORTH LINE OF SAID SECTION;
THENCE RUN SOO'49'42"W, A DISTANCE OF 2401.42 FEET ALONG A LINE THAT RUNS
PARALLEL TO THE EAST LINE OF THE WEST 1/2 OF THE NORTHWEST 1/4 TO THE POINT
OF BEGINNING; THENCE RUN N8T54'59"E, A DISTANCE OF 155.20 FEET ALONG THE
NORTH LINE OF SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4 TO THE EAST LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4;
THENCE RUN SOO'49' 42"W, A DISTANCE OF 685.88 FEET ALONG SAID EAST LINE;
THENCE RUN S89'10'18"W FOR A DISTANCE OF 155.00 FEET ALONG THE SOUTH LINE OF
THE SOUTHWEST 1 /4 OF THE NORTHWEST 1/4; THENCE RUN NOO'49' 42"E. A DISTANCE
OF 678.01 FEET ALONG A LINE THAT RUNS PARALLEL TO THE EAST LINE OF SAID
SOUTHWEST 1/4 OF THE NORTHWEST 1/4 AND TO THE POINT OF BEGINNING,
AND,
(2)COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 11, THENCE RUN
N88'17'44"E, A DISTANCE OF 1,178;60 FEET ALONG THE NORTH LINE OF SAID SECTION;
THENCE RUN SOO'49'42"W, A DISTANCE OF 3094.43 FEET ALONG A LINE THAT RUNS
PARALLEL TO THE EAST LINE OF SAID WEST 1/2 OF THE NORTHWEST 1/4 AND THE
EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 TO THE POINT OF
BEGINNING; THENCE RUN N89'10'18"E, A DISTANCE 'OF 155.00 FEET; THENCE RUN
SOO'49'42"W, A DISTANCE OF 670.77 FEET TO THE EAST LINE OF THE NORTHWEST 1/4
OF THE SOUTHWEST 1/4; THENCE RUN S8T42'01"W, A DISTANCE OF 155.23 FEET
ALONG THE SOUTH LINE SAID NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4
OF THE SOUTHWEST 1/4; THENCE RUN NOO'49'42"E, A DISTANCE OF 679.24 FEET
ALONG A LINE THAT RUNS PARALLEL TO THE EAST LINE OF THE NORTHWEST 1/4 OF
THE SOUTHWEST 1 /4, AND TO THE POINT OF BEGINNING.
CONTAINING 210,328 SQUARE FEET OR 4.82 ACRES, MORE OR LESS.
SEE SHEET 1 OF 2
FOR SKETCH
JEFFREY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EM AIL: SURVEYlNGOCOONER.COM
CLIENT: GREELEY AND HANSEN, LLC DRA'M"4 BY: JNW CHECKED BY: J.N.W.
PARCEL DESCRIPllON: DATE: 8/3/04 SCALE: REV: 3/16/05
AN ACCESS EASEMENT IN l1iE NW 1/4
AND TIiE SW 1/4 OF SEC 11-50-26 PROJECT No: 020901 DWG No:SEC11T-AE(AE5) SHEET: 2 OF 2
.-;-,._-"-",-_.,..~_..~,-~-","~.~",..,--_._-_._,.,---"..
. '\
_.._.,..__,__.___..a..-,,_.~~
-^
0,
____ \ PROJECT: SCRWTP RO Expansion to 20 MGD Wellfield Project
PARCEL NO.: 945R
FOLIO: 00410760008
UTILITY EASEMENT
THIS EASEMENT, made and entered into this ;).5¡P day of 5 r3r?¡çMÞ& IZ,
2005, by SAN MARINO NAPLES, LLC, a Delaware limited liability company, whose
mailing address is, 401 Commercial Court, Suite A, Venice, FL 34292, (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 3301 East Tamiami Trail,
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 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, 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, 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, water lines and pipes, and other equipment or improvements appurtenant
thereto or there under for the purpose of constructing, operating, and maintaining I,Itility
facilities thereon. 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.
1-~ß- Þ~4- ~yk
Witne~" (Signature) (1.. I , "
Name: ù ( ''- V'\ A -L^J"M' ~~'\.'- "'-
(Print or Type)
. ^
/1, '¡? I
I (L ~~( d ¿J'}L ¿I'r}v-,¡:::,
Witnesd (Signatu!e ~1
Name: '[J f-K¡/I.)¿; _ß ¡t) ~
(Print or Type)
By:
This prope~ has been ~uired under
threat Of condémnation and is exempt from
documentary stamp tax.
~~~C~V~~E ACCEPTED BY THE
COlLIER COUNTYY COMMISSIONERS.
PURSUANT TO · FLORIDA.
AGENDA.
DATED: ::? -I 0 - c;>.s:. IiEM NO. 10 - C
UE-W PIPE
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA '
PURSUANT TO THE PROVISlbNS
OF RESOLUTION NO.a 0(;) '1" ., ~ 0 J c I-.) S ;2 {)() õ -0 ;;¿
1 I
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STATE OF
COUNTY OF
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~C\(.:'1.~~
OR: 3903 PG: 2629
The foregoing Utility Easement was acknowledged before me this ~. day of
~ ' 2005 by N. Berry Taylor, Manager, on. ~~h_alf of SAN MARINO
NAPLES, LLC, a Delaware limited liability company, who i~ersc:mallyknow~ me or
who has produced as identification. --- - .--
WITNESS my hand and official seal this 2;.-dayof .Ÿ-p+- ,2005.
(affix notarial seal)
(~~~~~~t:ry~iF¡'ì L -
0-e- h Jf ,"-. h Þ C~ 1"'6' h "- V\-
(Print Name of Notary Public)
NOTARY PUBLIC -
Serial/Commission #:(if any) ()O§<ß'fl5
My Commission Expires: ('. - I \..P - (.) 'i
(;)DøborahA. ~
fI eu.,,~..ion . DD358473
ExpRI ()ctober 16, 2008
I ......T.,...·..- - ....'10\1
~ to f.... . 1e< .1 $uf.~1C1enCY
V ~ LL-- - ~-~~--
Assistant County Attorni)
£111ft T. Cha""
UE-W PIPE
2
A
, OF ~
OR: 3903 PG: 2630
¡;:XHIBIT
: PAGE
!
PROJECT 7 oct;c, -;L I
PARCEL . l1 4- ~ R
F OL 10 0 0 l/ / Ù 7 '000 c¡;
SKETCH AND DESCRIPTION
OF A UTILITY EASEMENT
IN THE SW 1/4 OF THE NW 1/4 AND THE NW 1/4 OF THE SW 1/4 OF
SECTION 11, TWP 50 S, RGE 26 E, COLLIER COUNTY, FLORIDA
NORTH UNE SECTION 11
P.O.C.
NW CORNER OF
SECTION 11
~ 9·
N88ï 7' «"E 1163.5
NORTH UNE OF THE S 1/2 OF
THE S 1/2 OF THE SW 1/4 OF
THE NW 1/4
~. T
..,.~
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m .
..,.~
,0
0""
ON
(/)
---
P.O.B.
NB7"54'59"E
15.02'
..,.
,
.....
S 1/2 OF THE S 1/2 OF
SW 1/4 OF THE NW 1/4
'b
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~
t--
t")
.....
.....
o
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CD
F.P.&L. R/W
EASEMENT
170'
;I:
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w
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4.::::-
o
w:J:
ZZ
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~~
ID:
F.P.&L-FlORIDA POWER & UGHT CO.
R/W - RIGHT-OF-WAY
P.O.B.-POINT OF BEGINNING
P.O. C.-POINT OF COMMENCEMENT
~
.
N
..,.
ÒI
~
8
(/)
15' in
SB9ïO'18"E .....
155.00'
FOLIO NO.:
00410760008
w
.
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~
8
z
~
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NB910'18"W
155.00'
~ ..,.
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:t8~
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w~
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~~
N 1/2 OF NW 1/4 OF
THE SW 1/4 AND THE N
1/2 OF THE S 1/2 OF THE
NW 1/4 OF THE SW 1/4
15.0?·
S87'42·01....W
~
.
N
..,.
èn
~
8
(/)
SOUTH UNE OF THE N 1/2 OF
THE S 1/2 OF THE NW 1/4 OF
THE SW 1/4
SEE SHEET 2 OF 2
FOR DESCRIPTION
--_~____4~___
JAME . Vv1LKISON (FOR THE FIRM LB6773)
PRO SIONAL SURVEYOR AND MAPPER
flORIDA UCENSE NO. LS 4876
THIS l.12.-roAY OF ~ 2005.
lliUE.;
THE PARCEL BEARING. DISTANCES, AND AREAS
CALCULA TED ARE BASED ON A FJELD SURVEY OF
SECTION 11. BASIS OF BEARING: STATE PLANE
COORDINATE SYSTEM. FlA. EAST ZONE, '83(90.
THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BL YD., SUITE 4, FORT MYERS, flORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYtNGOCOONER.COM
CUENT: GREElEY AND HANSEN. LLC DRAWN BY: JNW CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DATE: 8/3/04 SCALE: 1"-100' REV: 3/16/05
UTlUTY EASEMENT IN THE NW 1/4
AND THE SW 1/4 OF SEC 11-50-26 PROJECT No: 020901 DWG No:SEC11T-AE(P5) SHEET: 1 OF 2
. \
. " .
~ *** OR: 3903 PG: 2631 ***
EXHIBIT A
PAGE do OF ")
PROJECT 70 ~ '1 )./
PARCEL '14 ç R.
F Ol 10 00 Lf I 0 7 fs, O{)(.) ~
SKETCH AND DESCRIPTION
OF A UTILITY EASEMENT
IN THE SW 1/4 OF THE NW 1/4 AND THE NW 1/4 OF THE SW 1/4 OF
SECTION 11, TWP 50 S, RGE 26 E, COLLIER COUNTY, FLORIDA
DESCRIPTION OF A 15-FOOT STRIP OF LAND LYING IN THE SOUTH 1/2 OF THE SOUTH
1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, AND, THE NORTH 1/2 OF THE
NORTHWEST 1/4 OF THE SOUTHWEST 1/4, AND, THE NORTH 1/2 OF THE SOUTH 1/2 OF
THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 11, THENCE RUN
N88"17' 4'4·"E, A DISTANCE OF 1,163.59 FEET ALONG THE NORTH LINE OF SAID SECTION;
THENCE RUN SOO'49'42"W, A DISTANCE OF 2401.51 FEET ALONG A LINE THAT RUNS
PARALLEL TO THE EAST LINE OF THE WEST 1/2 OF THE NORTHWEST 1/4 TO THE POINT
OF BEGINNING; THENCE RUN N81'54'59"E, A DISTANCE OF 15.02 FEET ALONG THE
NORTH LINE OF SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4; THENCE RUN SOO'49'42"W, A DISTANCE OF 678.01 FEET ALONG A LINE
THAT RUNS PARALLEL TO THE EAST LINE OF SAID SOUTH 1/2 OF THE SOUTH 1/2 OF
THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 TO THE SOUTH LINE OF SAID NORTHWEST
1/4; THENCE RUN S89'10'18"E FOR A DISTANCE OF 155.00 FEET ALONG SAID SOUTH
LINE TO THE EAST LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE RUN
SOO'49'42"W, A DISTANCE OF 15.00 FEET ALONG THE EAST LINE OF THE NORTHWEST
1/4 OF THE SOUTHWEST 1/4; THENCE RUN N89"10'18"W, A DISTANCE OF 155.00 FEET;
THENCE RUN SOO'49'42"W, A DISTANCE OF 679.24 FEET ALONG A LINE THAT RUNS
PARALLEL TO SAID EAST LINE; THENCE RUN S81'42'01 "w, A DISTANCE OF 15.02 FEET
ALONG THE SOUTH LINE OF SAID NORTH 1 /2 OF THE SOUTH 1 /2 OF THE NORTHWEST
1/4 OF THE SOUTHWEST 1/4; THENCE RUN NOO'49'42"E, A DISTANCE OF 1372.30 FEET
ALONG THE WEST LINE OF A 170-FOOT FLORIDA POWER AND LIGHT RIGHT -OF - WAY
EASEMENT, SAID LINE RUNNING PARALLEL TO THE EAST LINES OF THE NORTHWEST 1/4
OF THE SOUTHWEST 1/4 AND THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 AND TO
THE POINT OF BEGINNING. "
CONTAINING 22,909 SQUARE FEET OR 0.53 ACRES, MORE OR LESS.
SEE SHEET 1 OF 2
FOR SKETCH
JEFFREY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEY\NGOCOONER.COM
CUENT: GREELEY AND HANSEN, llC DRAWN BY: JNW CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DAlE: 8/3/04 SCALE: REV: 3/16/05
UllUTY EASEMENT IN 11-IE NW 1/4
AND THE SW 1/4 OF SEC 11-50-26 PROJECT No: 020901 DWG No:SEC11T-AE(P5) SHEET: 2 OF 2