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Agenda 07/22/2008 Item #16C 4Agenda Item No. 16C4 July 22, 2008 Page 1 of 17 EXECUTIVE SUMMARY Recommendation to approve a Donation Agreement and Utility Easement and approve a Release of Easement for the relocation of infrastructure easements located on property owned by Vornado Development, Inc. There are no associated costs to the Collier County Water -Sewer District for this project. OBJECTIVE: The public purpose is to acquire a Utility Easement for relocated utility pipeline and grant a Release of Easement for the former utility pipeline areas on property located on Palm Drive, northeast of and directly behind the Town Center Mall. CONSIDERATIONS: A Sewer Utility Easement (Easement) was granted to the Collier County Water -Sewer District (District) via a Settlement Agreement recorded in O.R. Book 2120, Page 1660, Public Records of Collier County, Florida on October 17, 1995 by the Developer. Conditions contained in said Easement stated that should the Developer need to relocate wastewater utility lines, the Developer may do so, at Developer's cost, and, upon completion of the relocation, the Developer shall grant an easement to the District covering the location of the relocated infrastructure. Furthermore, as per the conditions of the original Easement, the District shall issue a release of the existing Easement for the relocated wastewater utility lines upon recording of the new Easement. The wastewater utility facilities have been relocated to the location shown on the attached Location Map, and have been reconnected to the District's sewer system. The attached documents, once approved, executed, and recorded, will fulfill the conditions of the original Easement. Staff recommends approval and execution of the attached Donation Agreement between 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 (District), and Vomado Development, Inc. for the relocation of utility lines and easements. FISCAL IMPACT: There are no associated costs to the Collier County Water -Sewer District for this project. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. LEGAL CONSIDERATIONS: The attached Donation Agreement, Utility Easement and Release of Easement has been reviewed and approved by the Office of the County Attorney for legal sufficiency. JAB RECOMMENDATION: That the Board of County Commissioner, as Ex- Officio the Governing Board of the Collier County Water -Sewer District: Agenda Item No, 16C4 July 22, 2008 Page 2 of 17 1. Approve the attached Donation Agreement and accept the attached Utility Easement; and 2. Approve the attached Release of Easement; and 3. Authorize the Chairman to execute the Donation Agreement and the Release of Easement and any and all other County Attorney's Office approved documents related to this conveyance; and 4. Direct the County Manager or his designee to follow all appropriate closing procedures, and to record the Utility Easement and Release of Easement, and any and all necessary documents to obtain clear title to the Utility Easement in the Public Records of Collier County, Florida. PREPARED BY: Marlene J. McLaughlin, Property Acquisition Specialist Real Property Management/Facilities Management Department Page 1 of 2 Agenda Item No. 16C4 July 22, 2008 Page 3 of 17 file: / /C: \AgendaTest\ Export\ 111- July%2022 %202008\ 16. %2000N SENT%20AGENDA\ 1... 7/15/2008 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C4 Item Summary: Recommendation to approve a Donation Agreement and Utility Easement and approve a Release of Easement for the relocation of infrastructure easements located on property owned by Vornado Development, Inc There are no associated costs to the Collier County Water -Sewer District for this project. Meeting Date: 7/22/2008 9:00:00 AM Prepared By Marlene McLaughlin Property Acquisition Specialist Date Administrative Services Real Estate Services 7/212008 9:48:28 AM Approved By Hans Russell Senior Property Acquisition Specialist Date Administrative Services Facilities Management 7/2/2008 10:08 AM Approved By Jennifer A. Belpedio Assistant County Attorney Date County Attorney County Attorney Office 7/2/2008 10:25 AM - Approved By G. George Yilmaz WasteWater Director Date Public Utilities WasteWater 7/212008 11:31 AM Approved By Donald Edwards Operations Manager Date Public Utilities Wastewater 71212008 11:38 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 7/2/2008 12:50 PM Approved By Stephen L. Nagy Wastewater Collections Manager Date Public Utilities WasteWater 7/2/2008 1:53 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 7/2/2008 10:41 PM Approved By -, James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 7/3/2008 8:32 AM file: / /C: \AgendaTest\ Export\ 111- July%2022 %202008\ 16. %2000N SENT%20AGENDA\ 1... 7/15/2008 Page 2 of 2 Agenda Item No. 16C4 July 22, 2008 Page 4 of 17 Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/312008 10:37 AM Approved By Randy Greenwald Management /Budget Analyst Date County Manager's Office Office of Management & Budget 713/2008 10:56 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 71312008 2:49 PM Commissioners file: / /C:AAgendaTest \Export\l 1 1- July% 2022% 202008 \16. %2000NSENT %20AGENDA \1... 7/15/2008 .il�� t,°I. """, I "� �Ty, �m ��! � I. w.��w'I ��ifii ' ty� � �l � � n i ,ai� wa� e Sj, � � �� . - . . i .. r ° .� Pik la�s ��,.�� —_� ,�� _ �I f F �,�r y arr- ,�,�, ,• s ,- i i b _ dim �p ,., � } �"$ � � '. "'I � ��h��t1 ^ Y �" � L d J I P ^' A T'�� y< 'I � �� ' 3� ?�• � T' _ _ rlr .� '�nY 1r _ r � AT��' �- ¢ +.vf� � �. \'� �4./.� � 4.. "a.. �` 1 4 ` i r �rr� �� t � �� 'v �,N .3 f vC't � 9� �1' p ?Jp � . t f N� �fF Agenda Item No. 16C4 July 22, 2008 Page 6 of 17 PROJECT: Vomado /Old Glades Easement Project FOLIO INC.: 00394400002 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into by and between VORNADO DEVELOPMENT, INC., a Florida corporation, (hereinafter referred to as "Owner'), whose mailing address is 2223 Trade Center Way, Naples, Florida 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 "CCWSD "), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WITNESSETH: WHEREAS, Owner succeeds in title to the servient estate by that certain Warranty Deed dated January 14, 2005 and recorded on February 11, 2005 in Official Record Book 3732, Page 4081 and that certain Warranty Deed dated February 2, 2005 and recorded on February 2, 2005 in Official Record Book 3732, Page 4065, Public Records of Collier County, Florida; and WHEREAS, Owners predecessors in title, Samuel Hubschman, Connie Hubschman, Teryl Beyrent, Harrison Hubschman and Albert Hubschman, granted an easement to CCWSD by that certain Sewer Utility Easement (hereinafter referred to as "Easement ") recorded in OR Book 2120, Page 1660, Public Records of Collier County, Florida: and WHEREAS, said Sewer Utility Easement provided the Owner, its successors and assigns, the right to relocate the Easement by the terms contained in Paragraph 1, therein; and WHEREAS, Owner desires to, and does by this document, relocate said Easement to the location described in Exhibit "A ", attached hereto and incorporated by reference; and WHEREAS, Owner desires to convey a perpetual, non - exclusive Utility Easement over, under, upon and across the Property described in Exhibit "A" (hereinafter referred to as "Property ") to CCWSD 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 CCWSD for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, following said conveyance, CCWSD shall release the Easement. 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 CCWSD at no cost to the CCWSD, unless otherwise stated herein. 2. Following said conveyance, CCWSD shall release the Sewer Utility Easement recorded in O.R. Book 2120, Page 1660, Public Records of Collier County, Florida. 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 CCWSD on or before the date of Closing. 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 pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting CCWSD enjoyment of the Property. 5. 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. Agenda Item No. 16C4 July 22, 2008 Page 7 of 17 6. Owner shall pay for all costs of recording the conveyance instrument, the Release, and any curative instruments in the Public Records of Collier County, Florida. The cost of the title commitment shall be paid by CCWSD. 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. B. Conveyance of the Property by Owner, and release of the Easement by CCWSD, 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. IN WITNESS WHEREOF, the Parties have caused these presents to be executed the date and year first above written. DATE APPROVED BY BCC: AS TO CCWSD: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk AS TO OWNER: DATED: WITNESSES: fitness (Signature) Name: James H. Siesky rint or pe) - -� -� Witness ((Siig ture) Name: r7'— (Print or Type) BOARD OF COUNTY COMMISSIONERS 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 Tom Henning, Chairman Appr^ved as to form & legal sufficiency aa:y tt0 rc� VORNADO DEVELOPMENT, INC. ,r By: SidneVJohn Hubschman, President 2223 Trade Center Way Naples, Florida 34109 E.Xq."! Agenda Item No 117 C4 July 22, 08 aae 8 SKETCH OF EASEMENT H! R 0 400' SCALE 1" = 200' �REOWATIM PM l w 600 PADC a", or 16 OR BOOK 2180 PG 1678- A 1700' LOI I a LEGEND w 0 P.1LC RIe) P.O.B. LEGAL A PMiCQ Q LAID tdiTO M ]ECIIDI p.1AO .Y.CiaTl IL iD1Am0 � .ARK A EAR, CIILFR [aNR'. ila®4 Df IOiE _ nwrlorAK r rnw.� K ratuua P"O.C. S. ✓ CORNER LOT 16 BLOCK A P.O.C. PUNT OP COMMENCEMENT P 0.8. P O B NT Ci QNNING P.O.T. PgNT Of ".NUS EA, EASEMENT PLS PRO'iSSONAL LANO 91NVETGN Oi 0 UN%D SUSNESS NETS L BENiU.4T ARE 841E0 p1 M SLIRN LRE Or or a nc 4AOT wT 0.8. IMVfhL A aCN11NG 6 N 8 vv0 V AS SINN 2 SUBXCT TO EA#ACNTS REYRVAFRW AIB RLSTRICDO T 6 RE & DAIS' DECEMBER S 107 NOT VALID NTTHWr THE 90IIATlIW AND ME SEAL OF A ELOFDA LICENSED SURWC AND mnAResc tub ALBS IOS OP LtSt PLAT )6pEmW.µ mfQ1EA LIII�TY, iIOPIM WI 9i 10 ElQ10pS AEVRX= Oi AMRLhWC X �M � I ¢t ffi -Ba > BmS T Byway R'. .HrNrr,s. .9+Lu 6..A�/'OS i61t aM1 Lam.. MIL RAND'i.y..Y X.28 alll XNL sl-q. 7 s J taT - sties/ Agenda Item No. 16C4 EX OjM- July 22, 2008 Page 9 of 17 EASEMENT A PARCEL OF LAND LOCATED IN SECTION 12 AND SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 16, BLOCK A OF THE GLADES, UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10 AT PAGES 82 AND 83 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 88 °04'37" EAST ALONG THE SOUTH LINE OF THE SAID LOT 16 FOR A DISTANCE OF 200.47 FEET TO THE POINT EG NOF��INNIN6 OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SOUTH 38 °52'36" EAST FOR A DISTANCE OF 661.99 FEET; THENCE RUN NORTH 36 "2219" EAST FOR A DISTANCE OF 100.00 FEET; THENCE RUN NORTH 43 °00'23" WEST FOR A DISTANCE OF 294.85 FEET; THENCE RUN NORTH 38 °50'12" WEST FOR A. DISTANCE OF 285.71 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 16; THENCE RUN SOUTH 88 000'40" WEST ALONG THE SOUTH LINE OF SAID LOT 16 FOR A DISTANCE OF 94.46 FEET TO THE POINT OF BEGINNING. CONTAINING 1.156 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE PLAT OF THE GLADES UNIT ONE, PLAT BOOK 10, PAGES 82 AND 83, COWER COUNTY, FLORIDA. SUBJECT TO EASEMENTS RESTRICTIONS OR RESERVATIONS OF RECORD EXHIBIT pop enda Item No. July 22, SKETCH AND LEGAL DESCRWn0N FOR: }� SEWER EASEMENT DISTANCE W 64.31 W T0.9T P.a B. Gar ttaPSf PARY'FI. IS W B1. n EASEMENT 1\ LINE BEARING ,�IA.yeu & S., Y+ LI 5 19'04'25' 6� 42 5 21'56'0) B.B..W +Xw Yf $141 LB DETAIL MEW 3 ]69810 L T �9 14 LS SJ5'IS SJ 5 58'5025' W 9942 L6 0 00 L] 5 56'5013 w A91' J e 4� 1 /t2 EASEMENT I EASEMENT 1 B 19 P.O.B. )0.00 L40 N SJ'J9Y9' W 159 L19 5 Jfi10'9 W frD 112 N 5558 99' W M At THE MUFWASl CANER a LOT 15, ADM'' A, FIE aADES LIJ N 5620'19• E 15549 us s 3rJ9' +9• E 1 . LI5 I CI VIM CASTAENT rALLM 50t = GCII ffFT �,0D?M FLOW PAPCEL IO.P 6W PAGE 8391 LOT 16 P.ac. S.E. CORNER LOT 15 BLOCK A� EAST LINE OF LOT 15/ N.o2'oB'S1'V. LEGEND P.O .C. PANT Cf CCMMENCENENT P.O.B. PANT Or 6EGINNING P.O.T. PONT Cf TERMINUS FPLEAS F ORNA POW i UWT EASEMENT PLS PRMTS90NAL LAND SURVEYOR LB UCENSED BUSINESS h L �N4✓e F SCALE 1" = 200' ,�IA.yeu & S., Y+ BL, P.O.T. 6� EASEMENT 1 �s B.B..W +Xw Yf $141 LB DETAIL MEW P.O.B. L T �9 A as EASEMENT 2 s y � �0N �AN1�T NI P qq\'C A CIVIL ACTOM \� \\ L6 5 J e 4� 1 /t2 EASEMENT I EASEMENT 1 B a� P.O.B. EASEMENT 2 L 1 SCALE 1" = 50' frD LEGAL OESCRTP ETON AP� M At THE MUFWASl CANER a LOT 15, ADM'' A, FIE aADES 1NIT aE, PLAT B IB PAGCS W-B9, M18LK R X CE CMUD? (parr rLM RMV LO)R r Aw8 OE CAST @'N r Q SAID LOT ' 15 A DISTMC't OF 17m raT To TIE BIINBNT X A KMArrW AREA AS RCCOPDCD W xwK RCCOfDS BD: 6L6, PAGE &t 9i TIEMZ ALM WD Ba.WMPr SM'15L ABDO TCCI "WE cm roa ALaL SAID � A I CI VIM CASTAENT rALLM 50t = GCII ffFT FUL OVIM DCSMWD LOC. rIl1AT S 19N4P9 V A XSTAIAX OF 6451 rat TMACE S 2136'!6' ✓ A XSTAAX X )551 I[Erl TWE S )6'5882 ✓ A DISTANT X 8892 r j TI S BS'I53J' V A W71 S 56'50.25'✓ ANSIAC R'V42 BCE)Tyr it �IlCF�Mlt. >5 IIY ICR WITH MMOENT 2 NOTES L BEMRLS ARC BASED ON TW =IN L1W OF LOT 15, LIE aADCS WT M,, HAVING A B NBR Dr N BBTM9)' WAS SMTVN 8 SLBX:CT TO M&DENTS. RESMVATRAT MD RCSWCTDWS a R CDRD MM JNY 25, 200] NOT VALID W NOUT ME N9 VIh4 AN MCA !F 0.122 ACACF IH.FE LW LOSS Ce t fi ole ..Or, IBM ,�IA.yeu & S., Y+ -�c� Yuw.yMy d Ya.d 94.wy 6� 1011 OK Lew X�Y. AND THE MIGNAL RP15E0 B.B..W +Xw Yf $141 "WW AND MAPPER X+Iu. 3LJ. ]VIOL (110161 - S96! 10 17 SKETCH OF EASEMENTS DESCRIBED IN O.R. BOOK 2120, PAGE 1660 -1666 COLLIER COUNTY, FLORIDA. M! 0 200' 400' SCALE 1" = 200' MI LOT 16 P.O.C. u ca rR OF !s DLLYx' a EAST LINE OF LUT 15� q NO2.0B'51'U. IZ00' 3 OF 15 LEGEND P.O.C. PUNT OF CUAMENCENENT P.O.B. PUNT 0E KQNNNO P.O .T. PUNT OF TERMINUS FASEY. EASEMENT PLS PN0FE540IM LAND AIRWMR 0 UMNSM BV5NE55 UTUW NOTES 1 9EARIMS ARE RASED W TNC SWM LAW 6 OF IS NE QADES WiT OE, HAVIM A KO M LP N WW 3T' V AS SHUN 2 L CT TO CASENENM RESLRVAFHNS AND RESFMCFA T W RECWA LD.R 600 PA(F B4A) 8O! CONSC PAfl'li A5 P.O.B, 10' U. EASEN LINE BEARING I OLiANCE L1 N35'31'09 "E 21].46' L2 I S54'49'44 "E 1 2]' LEGAL A PAPCLl G LAND L21TED IN SLLFLG' IE TMNLMP N mrk RANT 25 EAST, COLICR LQNTY, ROPTDA Km ALFE PARTICO.AMT DESCMDED AS FM OVS C NX AT W SWNWAST OW W LOT IS A" A G NP DLAKS, l4[IT UL, ALY'OADML W TAC RAF UC REC XP IN ftAT PLOY ID AT PAGES W AND AS 6 NE BALK REUW115 G' M49P CONTY, fORIft TNW RW SLUTH X'S` 2D' EAST, TOP A XSTAKY x A'1N TCCFi TN MF pN SWM 38'4'36' EAST, FM A XSTAMC X MI..99 F2T N TI[ SVAW RAP STATEN 63M SIT HAMMRY/ T WTH 36.22'11' EAST, MUL SAID 8TO[MRY A XSTAME X 21665 TEEF1 NILPA".E OMTDAP ALGG SAID BONDWY SWTH V3N6' EAST, FDR A DISTAMC O' 0155 FEET TO T/E POMT x DC6WM5 w A UTILITY EAS[IRNT LYAW 5 FEET W EACH SIDE X THE FO W M XS IXV CENURLMI TWKF AWTH 359199' UST TOP A 0/STMCC 7 217.46 FCCTJ TKAEC SWTH 5449'44' EAST FOP A XVAAT W 7321=,, TO THE EAST 6UMAARY 6 1K SEVAZ RANI SIZE REC M M OTICIA RCORD NO% %, PAEt MAO' M R/DLIC RECLRDS O' LWLXR CLWTY, TLLRIAA AND TNT PWNT x TCRNIH/S fY ws SMVN IL'.SG RFTER TO THE ftAT O M GLADES WT Of, ftAT AD.' 10. FAGFS W AND 0.. COLTER RUNTY. FLORIDA SUA CT TO EASENCNFE AESMILTIWS 0P "RVATIWS ? WE A DaWd B. Brune, P CarU PO CNtl flcafs N✓mOe' 4520 Item No. , July 22, ,Page 11 2. & RTNVVI Y. !� y--t ny & OA THE & /I. TOL49 a !OF! 61L Iw X..Y NOT VALID FLMDT THE SIGNATURE AND AND ORIOWAL FAISEO �, D F2A4 SFA[ OF A FL0.410A L /CENSEO 51/RLFttW ANfI YAPPFR \"n. TAAUI f A, - iaRS 17 PROJECT: Vornadoi0ld Glades Easement Project FOLIO NO.'. 00394400002 Prepared By: ..ennifer A. Belpedio, Esquire Agenda Item No. 16C4 Office of the County Attorney July 22, 2008 3301 East Tamiami.Tiail Page 12 of 17 Naples, Florida 34112 (239) 774 -8400 UTILITY EASEMENT THIS EASEMENT, made and entered into thisi day of J76'AIf 1 2008, by VORNADO DEVELOPMENT, INC., a Florida corporation, whose post office address is 2223 Trade Center Way, Naples, Florida 34109 (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 3301 Tamiami Trail East, 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.) W ITN E S S 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 for utility purposes, and access, 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 and sewer lines and pipes, and other equipment or improvements appurtenant thereto 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 ye t above written. ess (Slgnat r H. Slesky 'me J 1 Ct "Witness (Signature) �f.fa I iL_ Name:trS�W{1 (Print or type) STATE OF Flor'A COUNTY OF t,O ///f r Vomado Development, Inc. 14 By: Sidney John Hubschman, President The foregoing Utility Easement was acknowledged before me this day of rJ Uh 2 2008, by Sidney John Hubschman, President, on behalf of Vomado Development, Inc., who is personally known to ,_M r who has produced as identification. WITNESS my hand and official seal this �v 1A day of 3rJ N P , 200. /J (affix notarial seal) (Sign of Notary Public) (Print Name of Notary Public) Serial /Commission #: (if any My Commission Expires: Approved as to form and Legal sufficiency: ,44' James H. Siesky C=rhaion 0 D0388481 BY - E)q*m March 28, 2009 Jennifer A. Belp io, ..+.rr�....�.....�.exoA^ Assistant County Attorney EXHW A Agenda Item No. Palw— _ a—g— July 22, Pane 13 SKETCH OF EASEMENT tai 0 200' 400 SCALE 1" = 200' �RCCRCATIM PARUL W. AN PALO 839) LOT 16 OR BOOK 2120 PO 1678` LOT 15 2 LEGEND P.D.C. PLAIT OF CWNENENENT P.0.8. PDMT Ci BEOWANC P.O.T. POINT OF 1ENWNDS EASEN. EASEILENT PLS PRCFEs&mi LJw SIINN4TOfl LB ILCEN5E0 BV4NE55 NR 640 PALE 644) OY£ COFSC PARCEL IS NOTES L DEARINLS ARC DASED ON W SOUTH LII£ X COT IA 7110 OADCS WT O,, MVM A%ARM? N ORW17' V AS AOVTC 2 NDXCT TO EASPENT.L RCSERVATW AND R£STRTCTIM OF R£CO A Oart cae NumGPCS Cartlflcaro Nvm6A/ 4520 9,NA.e. & 2.I..,1d. 9,w. DAM. DCC£Y9EH A 2007 Ywfort 8: Yond .9lsxWq IDT2 60. J..w. X.Y. NOT PAW WTiOUT 11 96Y .1.£ AND THE OPICYHAL BA /SCD YAt (Y A aS tKY)A irKUCx'n blatrwv) A. uAnv[n rte. v�u_•..�r /r�o .�161 soap 17 LEGAL PARCR O LAUD LLCARD IN SCCION O.6'O SECTDN li ION6IBP 5➢ SOON RAAGE 25 CAST, =LfLR =NTT, f16Plet DC1* A1R£ PARTICLLARLY LCSCRfDED AS frRLWSS 6 CLW[AE'E AT IHE SLNTHVLST COtlLR O LOT 16, ALTS: A OF 11C LBAonC wr OC ACmPOAB TD TE MAr T x RCORDCD W ;CAT PO r- B 19 A PALE'S OR AND B] X TA£ PUDLM R W OF COLI£R \ CLIMrr, 2691811) TEAU N.Af =TH BOW7P FAST ALLW w =TH S V. CORNER LW OF THE SAID LOT 16 f1F A XSTAAY X 20147 K£T TO M POINT LOT 16 BLOCK A Y D£Eumm OF rw MM or LAMB ICRCO AmR>s<4 T ha Aw LAIN 3BY'%' £AST fW A BISTNSC OF 661.99 rCCI TETC£ RLIL "M %2Y1P £AST TOP A XPTANT OF AWN fCET) TCALC Rw AWN 43Ntl'23' ITF A NSTA1CC X ME Ty TKAKC Rw KFM 3P5➢'1P' VCSr rM A DISTANT 6 M71 2CT TO A PBBLT w M STRON LM X SAID LOT 161 TEACE Rw SOON BDYp W KST ALM TE SOUTH LOW O SAID LOT 16 FOR A DISIAALC E OF 9646 f TO 118 FONT OF DE@HTAS C010AlNM LIM AL'WY , 16PC O LESS XNDILS SNTAI IFAYw Wa M TLC MAT X T 41AIXT MIT OW, MAT BOOR 19 PALLS 6P AND 83 LTALOR LWVTY, 2B9104, S XCT TD L KNIT fffSMRrMw 02 R ZPV47UWS OF AMC R8 NOTES L DEARINLS ARC DASED ON W SOUTH LII£ X COT IA 7110 OADCS WT O,, MVM A%ARM? N ORW17' V AS AOVTC 2 NDXCT TO EASPENT.L RCSERVATW AND R£STRTCTIM OF R£CO A Oart cae NumGPCS Cartlflcaro Nvm6A/ 4520 9,NA.e. & 2.I..,1d. 9,w. DAM. DCC£Y9EH A 2007 Ywfort 8: Yond .9lsxWq IDT2 60. J..w. X.Y. NOT PAW WTiOUT 11 96Y .1.£ AND THE OPICYHAL BA /SCD YAt (Y A aS tKY)A irKUCx'n blatrwv) A. uAnv[n rte. v�u_•..�r /r�o .�161 soap 17 Agend Item No. 16C4 E* July 22, 2008 �� image 14 of 17 EASEMENT A PARCEL OF LAND LOCATED IN SECTION 12 AND SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 16, BLOCK A OF THE GLADES, UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10 AT PAGES 82 AND 83 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE RUN SOUTH 88 °04'37" EAST ALONG THE SOUTH LINE OF THE SAID LOT 16 FOR A DISTANCE OF 200.47 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SOUTH 38 °52'36" EAST FOR A DISTANCE OF 661.99 FEET; THENCE RUN NORTH 3602219" EAST FOR A DISTANCE OF 100.00 FEET; THENCE RUN NORTH 43000'23" WEST FOR A DISTANCE OF 294.85 FEET; THENCE RUN NORTH 38 °50'12" WEST FOR A DISTANCE OF 285.71 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 16; THENCE RUN SOUTH 8B °00'40" WEST ALONG THE SOUTH LINE OF SAID LOT 16 FOR A DISTANCE OF 94.46 FEET TO THE POINT OF BEGINNING. CONTAINING 1.156 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE PLAT OF THE GLADES UNIT ONE, PLAT BOOK 10, PAGES 82 AND 83, COWER COUNTY, FLORIDA. SUBJECT TO EASEMENTS RESTRICTIONS OR RESERVATIONS OF RECORD. SKETCH AND LEGAL DESCRIPTION FOR: SEWER EASEMENT [IN£ BEAR /NC OISrANGE u s r9'a zs• w a4s L4 511'5801 W >s.5> LJ 51628'10 w 30.91' L4 S JSffi5J W BT.>t LS 5 265033' W 98.(1 L6 5 Ll 5 26'5015 W A.DI LB N 52'29'19' W 1. J L9 L'W L 10 N 36-29'19 W 1 15 15 0.0 ' 01 3 5620111 W LIP N 50"0' W L1J ry ?10'01' 1 155.19' L14 5 36-20'49' E 21778' LIS 00' LOT 16 Rota S.C. CORNER LOT 15 BLDCK A\ AST LINE LF LOT I5,' $� NO2'08'51'V 17,00' n r [OT 15 LEGEND P.D.C. PANT OF COMMENCEMENT P.09. P NT Of BEONNINC P.O.T. ,CWT OF IERYWUS fP1£AS RCFUDA PONFR k 11GHT EASILENT Ks PROFESVC1g LAND SMRVEY w ..X BuswEss EASEMENT Q l ��,LLr�P6 NOTES L BEARN6s ARE msrh W TK mm LIK OF LOY IS TK aws WIT WE IMVNL A MOM OF N OOW2>• V .as s 2. "XCT 1O CASfI M RESCRVAr1WS AVD FCSTRICr11lYt OF .KCOPA DATE JAN 15, 3007 NOT VAUD wiT r EX _ daf 4 1 No. 117 08 � �` .� July 22, 08 Fka4e 15 AA SCALE 1" = 200' La DETAIL VIEW L6 L1B� P.O. T. �� L7 CASEMENT 1 8 AO.B. CASEMENT 2 L15 SCALE I" = 50' EGAL DESCRIPTIEN EAS MNT 1, QNCACING A THE SWTKAST m,VLR Or LOT IS BLOY a TK aL S MIT W1, PLAT BOOK 10, PA WI MAERC RCCWDS Or CO.LRR CONTY, F 131 RW MoKTa.T A TIC 1Asr l AW W MID LOT 15 A NSTA X 17@ = TO TIC tl r OF A RECfEAN APEA AS RCLYIPOED N OTA3& ERWOS AOW w P 859, iiFATC &M WD BOBIAIRY S76150 .. 48065 FCCTI TTCK1 =Tfiff A[OVL SALD DONNWY S 67NM1YYL: 46&44 r TD OE MYA'T W KGIMI6IG OF A 1000 FEET VW EASEKA'T FKLW SW RCF LACK S OF TIC 60.LOVM ICSC = LW. TMW S 19.8425• V A OrSTN X 649 rq/ TICKS s 2 wul V A NsrA 6 M57 FRI fiwC S ) •JB"[b' V A DIsrA OF BA9P R T' TICKS S 25.15'52' V A D1SrA U 827) FE1T1 i S O6Y V A =TA AT X43 ruT TO TK MNT OF IC90M1S TOCTKR WITH EASEMENT d .VIK M Ad OF 6122 ACRFY / M U= OtR. 6m PA2 BIII rar DuNU PAecFL As h B. BTN.A PCs L VPy F +r L6 per% Y.. t Y..d EASEMENT 1 1 ROB. 5 �9 EASEMENT 2 ,k � .� PAACIL B Q l ��,LLr�P6 NOTES L BEARN6s ARE msrh W TK mm LIK OF LOY IS TK aws WIT WE IMVNL A MOM OF N OOW2>• V .as s 2. "XCT 1O CASfI M RESCRVAr1WS AVD FCSTRICr11lYt OF .KCOPA DATE JAN 15, 3007 NOT VAUD wiT r EX _ daf 4 1 No. 117 08 � �` .� July 22, 08 Fka4e 15 AA SCALE 1" = 200' La DETAIL VIEW L6 L1B� P.O. T. �� L7 CASEMENT 1 8 AO.B. CASEMENT 2 L15 SCALE I" = 50' EGAL DESCRIPTIEN EAS MNT 1, QNCACING A THE SWTKAST m,VLR Or LOT IS BLOY a TK aL S MIT W1, PLAT BOOK 10, PA WI MAERC RCCWDS Or CO.LRR CONTY, F 131 RW MoKTa.T A TIC 1Asr l AW W MID LOT 15 A NSTA X 17@ = TO TIC tl r OF A RECfEAN APEA AS RCLYIPOED N OTA3& ERWOS AOW w P 859, iiFATC &M WD BOBIAIRY S76150 .. 48065 FCCTI TTCK1 =Tfiff A[OVL SALD DONNWY S 67NM1YYL: 46&44 r TD OE MYA'T W KGIMI6IG OF A 1000 FEET VW EASEKA'T FKLW SW RCF LACK S OF TIC 60.LOVM ICSC = LW. TMW S 19.8425• V A OrSTN X 649 rq/ TICKS s 2 wul V A NsrA 6 M57 FRI fiwC S ) •JB"[b' V A DIsrA OF BA9P R T' TICKS S 25.15'52' V A D1SrA U 827) FE1T1 i S O6Y V A =TA AT X43 ruT TO TK MNT OF IC90M1S TOCTKR WITH EASEMENT d .VIK M Ad OF 6122 ACRFY / M U= / v B. BTN.A PCs CarfNmfa NumSw 1510 Cot p X. �' ...d ,9nc, i� Y.. t Y..d 6� 4019 61l .Ar N.3 Olt 0 THE CLOG NAL RAKED IN/1 YI PPFR ., .tY.y,..6�. fl tl $24, - Y�J.� /1101 J � &OAF EX 1J— Agenda Item No. 1 C4 Pap 4— July 22, 2 08 Page 16 0 17 SKETCH OF EASEMENTS DESCRIBED IN O.R. BOOK 2120, PAGE 1660 -1666 COLLIER COUNTY, FLORIDA. to 0 200' 400' SCALE 1" = 200' ma 6m PAGE BAo !nr I orE PAPCS 95 R.O.B. 10' u EASEn 5'� PMCCL B Z (YSCRIY➢ GvO AClIDI 83- 1943 -G " PAPS , `OA , 6m LOW P POW SIA(. O1R. A(F 09)� 'P� ?J 105 Slll LINE BEARING DISTANCE Lt N35 '31'09 "E 21].48 L2 SSL49'44t ]3.2] LOT 16 P -O,C- SE MR LOT 15, YO3' A EAST LINE OF LOT 15-' N.02'08'51'V 1700' LEGAL A PARfli X LAND LOCATE➢ IN SECTM a IDYNAOP m .wrx. Ral¢ L4 1s r rs tar, COLTER coMTr, AWft YDAS Tart WTJMLAR r XXRIYB OF 661.99 rt<i LEGEND 7NCACE AY1Pix 3-3199' EA$T TO' A DRINAS 6 P1>.46 F£EIl P.O.C. PquT a CWNENCEYFNT OwMENC !K =TH 54"1 ", EAST !OR A DISlAACC 6 1321 rS( ID THE EAST YAtlmRr or !Y SEVAQ RANT SIZE BECOIQD IN OFICIAL P.O.B. PONT R' YCOPD AD. % PAY SSD Q M P c YC x If COLLIER CONTY, P.O.T. PONT OF TERMINUS TIMM MT IY PoIMf Q TMU" EAYM, EAYYENT PL$ PROPEWONAL LAND A RNETON YAPIMiL SIQYH nutVN RUa TO W RAT Q " RALCS IIVII 01C. LB 410ENSEO W 9NE55 RAT 0A.' 14 P"T RP MU as DO LAW N ' ILIXEM i L. L9utt .Tln.cc(N GSCAENIt YS'IRfCIMG IR AYYRVAlIOLf 0 -Y[OPA NOTES' L YARMOS ARE BASED ON " SOIIN LIRE OF LOT 15, TW aAYt MIT OPE, INVMO A YARIAG OF N 809437' V AS flA1LN / 2 SD&B:C! TO EASE1iNTS, YSERVAIfOLS AND YSMXTM Y RECOPD OPMS S. RTLPTA 15 Crf /firoH Numer 45-0 X. & ,`.., 9,w. Y,..., V" & DAM.APML 11, 2000 Tore M a.... x..n NOT VA40 MRIWT ME SIGNATURE AND DIE ORNiNAL RAISED l.N,..I.n X. a Me 11.1 LN' A n N A L NSTO MIRY£✓OR AND NAPPE2 XML, BA..�W ,4408 (n DJ BSI - 6➢55� Agenda Item No. 16C4 July 22, 2008 Page 17 of 17 PROJECT: Vornado /Old Glades Easement Project FOLIO NO.: 00394400002 RELEASE OF EASEMENT THIS RELEASE OF EASEMENT is made this day of , 2008 by 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 (hereinafter referred to as "CCWSD "). WITNESSETH: WHEREAS, CCWSD is the holder of that certain Sewer Utility Easement by and between Samuel Hubschman, Connie Hubschman, Teryl Beyrent, Harrison Hubschman and Albert Hubschman 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, dated November 15, 1995 and recorded on November 17, 1995 at O.R. Book 2120, Page 1660, in the Public Record of Collier County, Florida (hereinafter referred to as "Easement "), encumbering the premises legally described therein. WHEREAS, CCWSD has determined that said Easement is no longer required for sewer utility purposes and is agreeable to releasing that said Easement. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CCWSD does hereby relinquish, abandon and release all of its rights and interest in said Easement. IN WITNESS WHEREOF, CCWSD has caused these presents to be executed the day and year aforesaid. BOARD OF COUNTY COMMISSIONERS ATTEST: OF COLLIER COUNTY, FLORIDA, AS THE DWIGHT E. BROCK, Clerk GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT By: Approved as to form and legal sufficiency: BY nC1QL4 :,, ._� Je fifer A. adio, Assistant County Attorney By: Tom Henning, Chairman