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Parcel 29P ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY CO:MMISSIONERS 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, andlor information needed. If the document is already complete with the exce tion of the Chairman's si ature, draw a line throu routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5). Initials Date 2. 3. 4. Sue Filson, Executive Manager Board of County Commissioners (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 Contact Agenda Date Item was A roved by the BCC Type of Document Attached 6. Minutes and Records Clerk of Court's Office 774-&c!d-d-. I~B (1)~ Yes (Initial) N/A (Not A licable) PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached ~ ,vM I: Fonns/ County Fonns/ Bec Formsl Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24.05 1. 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 contraca, 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 Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainpan's signature line date has been entered as the date of BCC 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 nature and initials are re uired. 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 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 BCe on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. MEMORANDUM Date: March 31, 2006 To: Marlene McLaughlin, Property Acquisition Specialist Real Estate Services From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Folio No. 34690080008: An Easement Agreement Attached please find a copy of an Easement Agreement (Agenda Item #10B), as referenced above and approved by the Board of County Commissioners on Tuesday, September 13,2005. The Minutes and Records Department has retained the original document for the public record. If you should have any questions, please call me at 732-2646 ext. 7240. Thank you. Attachment (1) PROJECT: Collier Boulevard Water Main Project 70151/70152 PARCEL NO.: 29P FOLIO: 34690080008 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter re~ to as the "Agreement") is made and entered into on this ~ day of Irb , 2006, by and between VICTORIA ESTATES, LTD., a Florida limited partnership; WALDEN AVENUE-BLEND- ALL HOTEL DEVELOPMENT, INC., a New York corporation; DICK ROAD-BLEND- ALL HOTEL DEVELOPMENT, INC., a New York corporation; RANGER-1, L.L.C., a Florida limited liability company; RB-3 ASSOCIATES, a New York general partnership; RANDALL BENDERSON, RONALD BENDERSON AND DAVID H. BALDAUF AS TRUSTEES UNDER A TRUST AGREEMENT DATED OCTOBER 14,1985, KNOWN AS THE BENDERSON 85-1 TRUST; BUFFALO-GREENBRIAR ASSOCIATES, LLC, a New York limited liability company; RONALD BENDERSON AND DAVID H. BALDAUF AS TRUSTEES UNDER A TRUST AGREEMENT DATED SEPTEMBER 22, 1993, KNOWN AS THE RANDALL BENDERSON 1993-1 TRUST; RANDALL BENDERSON AND DAVID H. BALDAUF, AS TRUSTEES UNDER A TRUST AGREEMENT DATED DECEMBER 29, 1995, KNOWN AS THE RONALD BENDERSON 1995 TRUST; and WR-1 ASSOCIATES, LTD., a Florida limited partnership (hereinafter collectively referred to as "Owner"), whose mailing address is 8441 Cooper Creek Boulevard, University Park, Florida 34201, 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 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 "Property"), which is attached hereto and made a part of this Agreement; and 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: 1. Owner shall convey the Property via a Utility Easement to Purchaser for the sum of One Hundred and Sixty Four Thousand Eight Hundred Seventy One and No/100 Dollars ($164,871.00) 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 Purchaser, including attorney's fees, expert witness 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 EA-UE nus CONYEVANCE ACCEPTED IV THE BOARD Of COUNTY COMMJSSIC*lIS. COlLIER CCUITY. FLORIDA. PURSUANT TO AQlteA. DATED: elf-la-OS' ITtM NO. {O& This P.f'OPerJy has been ~uired under threat Of cOndimnation and is exempt from documentary stamp tax. Easement Agreement Page 2 provide such instruments, properly executed, to Purchaser on or before the date of Closing. 3. 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 pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instruments to Purchaser in a form acceptable to Purchaser. 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 Purchaser; 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 Purchaser; 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 Purchaser against and from, and shall reimburse the Purchaser 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 Purchaser 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 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. 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), including any apportionment of the compensation that may be required by any mortgagee. The cost of a title commitment shall be paid by Purchaser. 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. EA-UE Easement Agreement Page 3 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 Purchaser, 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 parties hereto have executed this Agreement on this :a, day of ~n:::h , 2006. Date Property acquisition approved by BCC: September 13, 2005 Resolution No.: 2005-321/CWS 2005-05 AS TO PURCHASER: DATED: 3"'20-o~ ATTEST: DWIGHT E. BROCK, Clerk ~~~~wJ-\'c '.. . Deputy Clerk Atust ~I to O'.t..... . s 10naturf Oft 1 . AS TO OWNER: DATED: 'fY\A,'1CH :J.D. '2m'P EA-UE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BOOV' OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OFJHE COLLIER COUNTY WATER-SEWER DISTRICT BY: ~>:~- , Chairman VICTORIA ESTATES, LTD., a Florida limited partnership e-'8 By: Benderson-Victoria, L.C., a Florida limited liability company, its general partner BY:----b~ Jt U~ (Signature) Name: -OO\ll\).t4 ~l~ (Print) Title: mAW ~ Item # 106 Agenda Date Easement Agreement Witness (Signature) Name: ALluC-1- ~ b (Print or Type) Witness (Signatu ) Name:~y['<<" (Print or Type~ Witness (Signatu . \ Name: u -ft..,; N (Print or Type W~SS~ig~turJ= 1Y:- Name: .k"~'otrt\\ t J~JOIL.. (Print or Typf:l) . EA-UE Page 4 WALDEN AVENUE-BLEND-ALL HOTEL DEVELOPMENT, INC., a New York ~~~ M.~ Name:(r~~~\~~i~e;~~~ (Print) DICK ROAD-BLEND-ALL HOTEL DEVE OPMENT, INC., a New York corpo tion. By: (1?18oio8fltl\/ice President) Name: ~-..1\.d +\ . ?1~L0~ (Print) ~~ RANGER-1, L.L.C., a Florida limited liability company By: WR-1 Associates, Ltd., a Florida limited liability partnership, its manager By: BG The Village, LLC, a Florida limited liability company, its general partner By: ~ ~ hJ-U\ (Signatu re) Name: "])A"hd +\-. ~AL(\.~ (Print) ('() A1J "5i- f.-; Title: ES, a New York ip By: art r Name:~A~clAL..L 'BW<i~&)J (Print) Easement Agreement Page 5 ~~~ DAVID H. BALDAUF, as Trustee under a Trust Agreement dated October 14, 1985, known as the Benderson 85-1 Trust BUFFALO-GREENBRIAR ASSOCIATES, LLC, a New York limited liability company By: ~~,l~ (Signature) Name: ~A\Jld H. ~Lc\~ (Print) f'}PtN ~ t..tV Title: ~'b Witnes~nature ___,_ Name: ~~t~ 1 # IPN~ (. (Print or Typ ) I ~ J4fi,~ DAVID H. BALDAUF, as Trustee under a Trust Agreement dated September 22, 1993, known as the Randall Benderson 1993-1 Trust ~""'t lo "-- L;J J~ DAVID H. BALDAUF, as Truste under a Trust Agreement dated December 29, 1995, known as the Ronald Benderson 1995 Trust Witness ( gnat e) 't. Name: ~~~ {J ~, (Print or pe EA-UE Approved as to form and legal sufficiency: h--- \[~ Ellen T. Chadwell Assistant County Attorney EA-UE Page 6 WR-1 ASSOCIATES, LTD., a Florida limited partnership BY: BG THE VILLAGE, L.L.C., a Florida limited liability company, its general partner By: ~ ~ jtJ-M (Signature) Name: 'J)fhlLcLH. ~ALd~+_ Title: mAN~u-'; ~ " EXHIBIT A- Page I of ;;L lOJ S-I r- PROdECT 7 01 ~,-;s. '" PARCEL c2 9, ? F 0 L IO 3 L.f b '100 ? OD~.1? SKETCH AND DESCRIPTION OF A PERMANENT UTILITY EASEMENT (29.P) LYING IN TRACT 2, GATOR GATE UNIT 2 PLA T BOOK 7, PAGE 54; SECTION 3, TOWNSHIP 50 S, RANGE 26 E COLLIER COUNTY, FLORIDA STATE N LINE SEC liON 3 I 3: . I '.t o -t o . ~,~ S R/W LINE U1 ROAD ",-(DAVIS N:a:~:~:D );;>J I GATOR GATE <> UNI T 2 N89'4J'32"W 100.00' PO.C. NE CORNER SECTION J PROPOSED PERMANENI Unl.lTy fASEMENf 3: o~ o. '0 o If) 0, -t 0 o U1 DA=J'16'56" R=905.7" L=51.88' CB=S27'57'53"E C=51.88' FOLIO NO.: 34690080008 O.R. 2962, PAGE 0221 N r-- Iii "" If) 0' w ~ o If) b o z 3: . -t 'of o If) b o U1 If) (J) fSEY CR-COUNTY ROAD FP&L-FLORIDA POWER & LIGHT co. R/W -. RIGHT-OF-WAY OR. - OFFICIAL RECORDS BOOK/PAGE POB.-POINT OF BEGINNING POC.-POINT OF COMMENCEMENT NO. -NUMBER DA-DEL TA R-RADIUS L-LENGTH CB-CHORD BEARING C-CHORD DISTANCE --------~._--_._--.-----_._--- - ----- S LINE n::: u w z ::J 3: PRaPOSW PfRMANfNf ~ ~j UTILI TY EASEMEN T ---~--~- /~ /' n::: / 3: <--> r NOT VALID WITHOUT DESCRIPTION ON SHEET 2 OF 2 zg:z-_.) /J/ ---~ ---~---------- NOTE: THE PARCEL BEARING, DISTANCES, AND AREAS CALCULA lED ARE BASED ON A FIELD SURVEY OF THE NOR TH LINE OF SECTION 2 AND THE WEST R/W LINE OF CR. 951. BASIS OF BEARING: ST A IE PLANE COORDINATE SYSTEM, FLA. EAST ZONE. '83/'90 DARREN TOWNSEND (FOR THE FIRM L8677J) PROFES~ONAL SURVEYOR AND MAPPER FLORIDA j..ICENSE NO. LS 6476 nHs2;J:i~ DAY OF ---..AtgL~_______. 2005. THIS IS NOT A SURVEY COONER & ASSOCIATES, INC. SURVEYING AND MAPPING 5670 ZIP DRIVE, FORT MYERS, FLORIDA 3.3912 PHONE: (2.39)277-0722 FAX: (2.39)277-7179 EM AIL: SURVEYINGOCOONER.COM CLIENT: GREEI.EY AND nAN~nJ, LLC DRAWN BY: OKT CHECKED BY: JNW PARCEL DESCRIPT10N: DATE: OJ/17/05 SCALE: 1"=40' PERMANENT UTILITY EASEMENT TRACT 2, GATOR GATE UNIT 2, SEC. 5-50--26 REV: 4-27-05 PROJECT No: OJ0705W. A DWG NO:OJ0705WA-ESM SHEET: 1 OF 2 EXHIBIT A Page ~ of_ ~ PROJECT PARCEL FOLIO 70fS-/ f- 70 ( l,- ::2-.., _ c2 9, P Sib 9001;> 000 '?' SKETCH AND DESCRIPTION OF A PERMANENT UTILITY EASEMENT (29.P) LYING IN TRACT 2, GATOR GATE UNIT 2 PLA T BOOK 7, PAGE 54; SECTION 3, TOWNSHIP 50 S, RANGE 26 E COLLIER COUNTY, FLORIDA DESCRIPTION OF A PERMANENT UTILITY EASEMENT LYING IN TRACT 2, GA TOR GATE UNIT 2 A SUBDIVISION AS RECORDED IN PLAT BOOK 7, PAGE 54; SECTION 3, lOWNSHIP 50 SOU TH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION; THENCE RUN N89'43'32"W, A DISTANCE OF 100.00 FEET ALONG THE NORTH LINE OF SAID SECTION: THENCE SOO'50'44"W, A DISTANCE OF 50.00 FEET TO THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE or STAlE ROAD 84 (DAVIS BOULEVARD) AND THE WESTERLY RIG~n-OF-WAY LINE OF COUNTY ROAD 951 SAID POINT BEING THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE RUN SOO'50' 44"W, A DISTANCE OF 40000 FEET ALONG SAID WESTERLY LINE TO ~ THE NORTH LINE OF A PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 2962. PAGE 0221 AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID W'ESlERL Y LINE AND THE EAST LINE OF SAID PARCEL SOO'50'44"W, A DISTANCE OF 500.02 FEU TO THE SOUTH LINE OF SAID PARCEL; THENCE RUN N89'43'32"W. ALONG SAID SOUTH LINE A DISTANCE or 2S.00 FEET; THENCE RUN NOO'SO'44"E. A DISTANCE OF 545.72 FEET TO TIlE CURVED NORTH LINE OF SAID PARCEL AND THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERL Y HAVING A DELTA ANGLE OF 03'16'56", A RADIUS OF 905.71 FEET, A CHORD BEARING OF S27"57'53"E AND A CHORD DISTANCE OF 51.88 FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT AND SAID NORTH LINE A DISTANCE OF 51 88 FEET TO SAID WESTERLY RIGHT-OF -WAY LINE AND THE POINT OF BEGINNING. " CONTAINING 13,085 SQUARE FEET OR 0.30 ACRES, MORE OR LESS NOT VALID WITHOUT SKETCH & SIGNATURE ON SHEET 1 OF 2 THIS IS NOT A SURVEY COONER & ASSOCIATES, INC. SURVEYING AND MAPPING 5670 ZIP DRIVE, FORT MYERS, FLORIDA .3.3912 PHONE: (239)277-0722 FAX: (239)277-7179 EM AIL: SURVEYINGOCOONER.COM CLIENT: GREELEY AND I-JANSEN, LLC DRA'NN BY: DKT CHECKED BY: J.N. W. PAR~L DESCRIPTION: DATE: 0.3/17/05 SCALE: N/A PERMANENT UTILITY EASEMENT TRACT 2, GATOR GATE UNIT 2, SEe. 3-50-26 " REV: 4-27-05 PROJECT No: 0.30705W.A DWG NO:OJ0705WA-ESM SHEET: 2 OF 2 Retn: RBAL BSTATB SBRVICBS BIT 8922/MCLAUGHLIN INTBR OFFICB 3815617 OR: 4013 PG: 0081 RBCORDBD in the OFFICIAL RBCORDS of COLLISR COUNTY, FL RBC FBB 04/06/2006 at 03:41PM DWIGHT B. BROCK, CLBRK IRDIIING COPIBS 69.50 5.00 8.00 \. L-b \/ PROJECT: Collier Boulevard Water Main Project 70151/70152 PARCEL NO.: 29P FOLIO: 34690080008 UTILITY EASEMENT THIS EASEMENT, made and entered into this ~ day of ~~ ,2006, by and between VICTORIA ESTATES, lTD., a Florida limited partnership; WALDEN AVENUE-BLEND-All HOTEL DEVELOPMENT, INC., a New York corporation; DICK ROAD-BLEND-All HOTEL DEVELOPMENT, INC., a New York corporation; RANGER-1, L.L.C., a Florida limited liability company; RB-3 ASSOCIATES, a New York general partnership; RANDAll BENDERSON, RONALD BENDERSON AND DAVID H. BALDAUF AS TRUSTEES UNDER A TRUST AGREEMENT DATED OCTOBER 14, 1985, KNOWN AS THE BENDERSON 85-1 TRUST; BUFFAlO- GREENBRIAR ASSOCIATES, llC, a New York limited liability company; and RONALD BENDERSON AND DAVID H. BALDAUF AS TRUSTEES UNDER A TRUST AGREEMENT DATED SEPTEMBER 22, 1993, KNOWN AS THE RANDAll BENDERSON 1993-1 TRUST; RANDAll BENDERSON AND DAVID H. BALDAUF, A TRUSTEES UNDER A TRUST AGREEMENT DATED DECEMBER 29,1995, KNOWN AS THE RONALD BENDERSON 1995 TRUST; and WR-1 ASSOCIATES, lTD., a Florida limited partnership, whose mailing address is 8441 Cooper Creek Boulevard, University Park, Florida 34201, (collectively "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, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, ("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 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 thereunder for the purpose of constructing, operating, and maintaining utility 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. T"iS ~ has been quired under hr. HJf cOnd8mnation and is exempt from documentary stamp tax. THIS CONVEYANCE ACCEPTED BY THE ~8t~~~88~n;:f8M~lSSIONERS, PURSUANT TO THE P~ OF RESOLUTION NO. J - c~-~ ITEM#- lol!!!> cr-13-~ UE-W PIPE 1 STATE OF fioetdA COUNTY OF mftNff=ti1-. OR: 4013 PG: 0082 VICTORIA ESTATES, LTD., a Florida limited partnership By: Benderson-Victoria, L.C., a Florida limited liability company its general partner .~ By: Ju;J ~ J (Signature) ~ L.dftv.f Name: :I)A.oJ\.d . OA (Print) Title: ("(If\",.H~<6W The foregoing Utility Easement~~:!Atnowledged before me this 2.0 day of mA\7 cH , 2006 by~\.d 'B Name), m~~<; ?J (Title) on behalf of Benderson-Victoria, L.C., a Florida limited liability company, as neral partner of Victoria Estates, Ltd., a Florida limited partnership, who is personally known to me or who has produced as identification. (affix notarial seal) o.~ (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) My Commission Expires: H Gayton ! . mission 00198658 ~ .. ~Of'" Expires March 31 2007 WALDEN AVENUE-BLEND-ALL HOTEL DEVELOPMENT, INC., a New York corpO~.1 ~ By: 14- r:J v....:d""..L Vice President ~ Name: --::i)fWld +\. b~u:\ (Print) STATE OF ~adA COUNTY OF mAN~ The foregoing Utility Easement was acknow~dged before me this ~O day of mAY cr\ , 2006 by DPrJln t-\. :p'ALA~, I7ro8io8Fl1Wice President on behalf of Walden Avenue-Blend-All Hotel Development, Inc., a New York corporation, who is personally known to me or who has produced as identification. (affix notarial seal) (Print Name of Notary NOTARY PUBLIC Serial/Commission #:(if any) My Commission Expires: UE-W PIPE 2 OR: 4013 PG: 0083 DICK ROAD-BLEND-ALL HOTEL DEVELOPMENT, INC., a New York ~~~~t:;J d ~_ rl fi~:J"".IL/Vice President ~ Name: "DA.oJld.t-\. nALd. (Print) STATE OF _Fin~dA- COUNTY OF mA1J~~ The foregoing Utility Easem nt was ac nowl ged before me this 2.t) day of ffiffil.a-\ , 2006 by \. t\ . , Pre!ieJsAWice President on behalf of Dick Road-Blend-All Hotel evelopment, Inc., a New York corporation, who is personally known to me or who has produced as identification. (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) My Commission Expires: (affix notarial seal) RANGER-1, L.L.C., a Florida limited liability company By: WR-1 Associates, Ltd., a Florida limited partnership, its manager By: BG The Village, LLC, a Florida limited liability company, its general partner By: ~ U- tUJ-I1 (Signature~ Ld PU-L Name: 'DA\il . (?,R (Print) Title: m A-tJ4& t]J STATE OF fLolldR COUNTY OF mAtJ~i, The foregoing Utility Easeden~~knOWledged before me this 1-0 day of m AY ~, 2006 by ~l '0 ame), m ~ ~~ (Title) on behalf of BG The Village, LLC, a Florida limited liability company, as general rtner of WR-1 Associates, Ltd., a Florida limited partnership, as manager of Ranger-1, LLC, a Florida limited liability company, who is personally known to who has produced as identification. (affix notarial seal) (Print Name of Not NOTARY PUBLIC Serial/Commission #:(if any) My Commission Expires: UE-W PIPE 3 STATE OF FL01l.le\A COUNTY OF 1'l1A-f'JR1Ct OR: 4013 PG: 0084 RB-3 A~OCIA ES., a New York genera ners ip / By: J Part r Name:~wdAw.... 'e>h~d~,J (PI1rlYf The foregoing Utility y\\ Al? C H ,2006 by Associates, a New York general prod uced ~ANCf\u... B~d~~rJ asement was ackno ledged before me this 2.3 day of Name), Partner, on behalf of RB-3 partnership, who is personall known to me or who has as ident' . on. (affix notarial seal) ('A.'t (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) My Commission Expires: STATE OF 'FLO\2..ld{1 COUNTY OF mANA=itt.. J>~ Ali H. Gayton ; .; My Commission 00198658 ~ ,L. &fit lloo.. ._ Maron 31 2007 ~ H ;tJ-J.-/l DAVID H. BALDAUF, as Trustee under a Trust Agreement dated October 14,1985, known as the Benderson 85-1 Trust The foregoing Utility Easement was acknowledged before me this 1..0 day of mAY cH , 2006 by David H. Baldauf, as Trustee under a Trust Agreement dated October 14, 1985, known as the Benderson 85-1 Trust, who is personally known to me or who has produced as identifica . (affix notarial seal) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) My Commission Expires: UE-W PIPE 4 Witness (Sign Name: (Print 0'1 w~~nfiurJ~ I Name: ~t\ b if. 119f10'l. ( rint or Ty e) STATE OF FLO~dA- COUNTY OF ('{\A-rJ~.f , OR: 4013 PG: 0085 BUFFALO-GREENBRIAR ASSOCIATES, LLC a New York limited liability company By: L;J ~!LJ--J-1 (Signature) Name: (Print) Title: ('('l AWA<jJ i..J The foregoing Utility Construction Easement w~s pcknowledged before me this 20 day of mPtl2.C.H , 2006 by v~Ld -e,AlrlfuH::(Name), f\ (Title) on behalf of Buffalo-Greenbriar Associates, LLC, a New York limited liabilit company, who is ().. ~ personally known to me or who has produced as identification. (affix notarial seal) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) My Commission Expires: STATE OF FLG\adA COUNTYOF rof\N~L ~~~ DAVID H. BALDAUF, as Trustee under a Trust Agreement dated September 22, 1993, known as the Randall Benderson 1993-1 Trust The foregoing Utility Easement was acknowledged before me this '2.0 day of m~G-\ , 2006 by David H. Baldauf, as Trustee under a Trust Agreement dated September 22, 1993, known as the Randall Benderson 1993-1 Trus is personally known to me or who has produced as ide tification. (affix notarial seal) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) My Commission Expires: UE-W PIPE 5 STATE OF ~d.Pr COUNTY OF mA-NArf-f. OR: 4013 PG: 0086 Wn~ DAVID H. BALDAUF, as Trustee under a Trust Agreement dated December 29, 1995, known as the Ronald Benderson 1995 Trust The foregoing Utility Easement was acknowledged before me this ;Z 0 day of mAV(~ , 2006 by David H. Baldauf, as Trustee under a Trust Agreement dated December 29, 1995, known as the Ronald Benderson 1995 Trust, who is personally known to me or who has produced as identification. (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) My Commission Expires: (affix notarial seal) STATE OF FLO\'l.u1A- COUNTY OF mAN A=rt F, ~~ WR-I ASSOCIATES, LTD., a Florida limited partnership BY: BG THE VILLAGE, L.L.C., a Florida limited liability company, its gener partner H BY: (Signature) Name: ::DA\lld --\A BA~ (Print) Title: 01&l~ UJ The foregoing Utility Easement was ~edged before me this 2D day of ffir:rtLb\ , 2006 byDM\.d. BA~ (Name), mArJ~i ) (Title) on behalf of BG The Village, L.L.C., a Florida limited liability comp y, as general partner of WR-I Associates, Ltd., a Florida limited partnership, wh .is personally known to me or who has produced as' entification. (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) My Commission Expires: (affix notarial seal) ~as tt10~1C1enCY As$1'itlnt Collftty Attornej' ~ En." T. Chldwen UE-W PIPE 6 OR: 4013 PG: 0087 r EXHIBIT-L Page I of ;;;L 701)"1 7'- PROdECT 701 {:l, ~ ... PARCEL ;< 9, ? F 0 L I 0 3 Lf &:, '1 00 <if oop. 'i? SKETCH AND DESCRIPTION OF A PERMANENT UTILITY EASEMENT (29.P) LYING IN TRACT 2, GATOR GATE UNIT 2 PLA T BOOK 7, PAGE 54; SECTION 3, TOWNSHIP 50 S, RANGE 26 E COLLIER COUNTY, FLORIDA NLINE SECTlONJ--, N89'43' 32"W 100.00' POC NE CORNER SECTION 3 S TATE S R/W LINE ROAD 84 (DAVIS BOULEVARD). f -----.._---- --..------~-----.- -.".. ~\ NE CORNER ./ GATOR GATE <> UNIT 2 ~ . I'v o v o . cil~ If) . o o (/) i PROPOSEO PERMANENT \J "'"Y fASEMEN r ~ 8 ~ '0 o If) o. v 0 o (/) DA=3'16'S6" R=905.71' L=51.8B' C8= S27'5 7' 53"E C=51.88' FOLIO NO.: 34690080008 O.R. 2962, PAGE 0221 N f'-.. .0 v If) " w ~ o If) o o z ~ , v -.t o If) o o (/) If) m \$.0 CR-COUNTY ROAD FP&L-FLORIDA POWER & LIGHT CO. R/W -- RIGHT-OF-WAY OR. -- OFFICIAL RECORDS BOOK/PAGE POB-POINT OF BEGINNING POC-POINT OF COMMENCEMENT NO-NUMBER DA-DELTA R-RADIUS L-LENGTH CB-CHORD BEARING C-CHORD DISTANCE ~ 'J N. n 0 . 0 n . v If) . N PROPOSEO PERMANENT__ ~ U nu TY EASEMENT ---- n::: u w z ::J / ~ // -........ ~/ n::: ~ S LINE r NOT VALID WITHOUT DESCRIPTION ON SHEET 2 OF 2 ~--./7 --_LM~!______ NOlL THE PARCEL BEARING, DISTANCES, AND AREAS CALCULA TED Af~E BASED ON A FIELD SURVEY OF THE NOR IH LINE OF SEC nON 2 AND THE WEST R/W LINE OF CR. 951. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM. FLA. EAST ZONE. '83/'90. DARREN TOWNSEND (FOR THE FIRM LB6773) PROFESSIONAL SURVEYOR AND MAPPER FLORIDA I-ICENSE NO. LS 6476 THIS-cI!~ DAY OF ___-Ae&L~________. 2005_ THIS IS NOT A SURVEY COONER & ASSOCIATES, INC. SURVEYING AND MAPPING 5670 ZIP DRIVE, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EM AIL: SURVEYINGOCOONER.COM CLIENT: GREELEY AND ;-':AN~nl, LLC DRAWN BY: DKT CHECKED BY: JNW PARCEL DESCRIPTION: DATE: 03/17/05 SCALE: 1"=40' PERMANENT UTlLl1Y EASEMENT mACT 2, GATOR GATE UNIT 2, SEC. ,~-50--26 REV: 4-27-05 PROJECT No: 030705W.A DWG NO:OJ0705WA-ESM SHEET: 1 or 2 *** OR: 4013 PG: 0088 *** EXHIBIT A Page ~ of. d-- PROJECT PARCEL FOLIO 701S-/ I- lOfl,-::2...,.. c2 9, P sib 90o<;so!?oYi SKETCH AND DESCRIPTION OF A PERMANENT UTILITY EASEMENT (29.P) lYING IN TRACT 2, GATOR GA TE UNIT 2 PlA T BOOK 7, PAGE 54; SECTION 3, TOWNSHIP 50 S, RANGE 26 E COLLIER COUNTY, FLORIDA DESCRIPTION OF A PERMANENT UTILITY EASEMENT LYING IN TRACT 2, GA TOR GATE UNIT 2 A SUBDIVISION AS RECORDED IN PLAT BOOK 7, PAGE 54; SECTION 3, 10WNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUN TY, FLORIDA: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION; THENCE RUN 1'189'0' 32"W, A DISTANCE OF 100.00 FEET ALONG THE NORTIl LINE OF SAID SECTION; THENCE SOO'SO'44"W, A DISTANCE OF SO.OO FEET TO TIlE INTERSECTION OF THE SOUTH RIGHT. Of-WAY l.1NE OF STATE ROAD 84 (DAVIS BOULEVARD) AND THE WESTERLY RIG~n-OF-WAY LINE OF COUNTY ROAD 9S1 SAID POINT BEING THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE RUN SOO'SO'44"W, A DISTANCE OF 40000 FEET ALONG SAID WESTERLY LINE TO THE NORTH LINE OF A PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 2962, PAGE 0221 AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WLS1ERL Y LINE AND HIE EAST LINE OF SAID PARCEL SOO'50'44"W, A DISTANCE or 50002 rEET TO THE SOUTH LINE or SAID PARCEL; THENCE RUN N89'43'32"W, ALONG SAID SOUTH LINE A DISTANCE or 2500 rEET; THENCE RUN NOO'50'44"E, A DISTANCE OF 54572 rEET TO THE CURVED NORTH LINE OF SAID PARCEL AND THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A DELTA ANGLE OF 03'16'56", A RADIUS OF 905.71 FEET, A CHORD BEARING OF S2T57'5YE AND A CHORD DISTANCE OF 51.88 FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT AND SAID NORTH LINE A DISTANCE OF 5188 FEET TO SAID WESTERLY RIGHT-OF-WAY LINE AND THE POINT OF BEGINNING. " CONTAINING 13.085 SQUARE FEET OR 0.30 ACRES, MORE OR LESS NOT VALID WITHOUT SI<ETCH & SIGNATURE ON SHEET 1 OF 2 THIS IS NOT A SURVEY COONER & ASSOCIATES, INC. SURVEYING AND MAPPING 5670 ZIP DRIVE, FORT MYERS, FLORIDA ]]912 PHONE: (239)277-0722 FAX: (2]9)277-7179 EM AIL: SURVEYINGOCOONER.COM CLIENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: J.N.W. PARCEL DESCRIPTION: DA TE: 03/17/05 SCALE: N/A PERMANENT UTILITY EASEMENT TRACT 2, GATOR GA TE UNIT 2, SEC. 3- 50- 26 " REV; 4-27-05 PROJECT No: 030705W.A DWG NO:OJ0705WA-ESM SHEET: 2 OF 2