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Buena Vida Retirement Home TO: FROM: DATE: RE: Memorandum Minutes & Records Management Sue Zimmerman Property Acquisition Specialist Real Estate Services October 19, 2006 BUENA VIDA LIFT STATIONS Agenda Item 16C17, July 25, 2006 Please find enclosed one (1) original recorded Access Easement and (1) original Utility Easement for a total of two documents for the above referenced project. Please contact me if you have any questions or comments at Extension 2622. Thank you. Prepared by: Ellen T. Chadwell. Esquire Office of the County Attorney 3301 East TaMi~i Trail Naples, Florida 34112 ( 941) 714-8400 3894955 OR: 4097 PG: 3601 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 08/31/2006 at 12:35PM DiIGHT B, BROCK, CLBRK CONS 3645,00 RBC FBB 27.00 DOC-,70 25.90 COPIBS 3,00 PROJECT: Buena Vida Retirement Home FOLIO: 55100160002 Retn: RBAL BSTATB SBRVICBS INTBROFFICB ATTN: S ZIMMBRMAN UTILITY EASEMENT THIS EASEMENT, made and entered into this 1-#.day of YJ{)VemW- ,2005, by CITATION MORTGAGE VIII LIMITED PARTNERSHIP, an Oregon Limited Partnership, by its undersigned General Partner, whose mailing address is P. O. Box 14111, Salem, OR 97309- 5026, 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, 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) 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, license, and privilege for utility purposes, including but not limited to lift station, underground pipe lines and maintenance, over, under, upon and across the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials including, but not limited to, sewer lines and pipes, service and lift stations, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. Grantor reserves and excepts unto itself and its successors and assigns, all rights accruing from its ownership of the real property described in Exhibit "An against which this easement is being granted, including the right to engage in or permit or invite others to engage in all uses of the same real property that are not inconsistent with the purpose of the easement being granted herein or hinder the use of the easement being granted herein. The Grantee shall maintain the easement described herein in a good state of repair at the sole cost and expense of Grantee, its successors and assigns. Grantee hereby agrees that it will indemnify and hold harmless Grantor from any claim brought or made for or on account of any injuries or damages received or sustained by any person or persons or property, arising out of, or occasioned by, the negligence of Grantee in connection with use of the easement described herein and/or any permitted equipment or improvements owned by Grantee within the easement granted herein. Grantee shall promptly repair at its expense any damage to the easement or any other property not owned by Grantee, caused by Grantee exercising its rights under this easement. In the event that Grantee causes damage to the easement or any other property, real or personal, not owned by Grantee in the exercise of the privilege granted herein, Grantee agrees to restore the easement or property so damaged to its original condition at Grantee's expense. Maintenance of the easement and permitted equipment or improvements located herein shall be performed in a manner that is minimally intrusive to Grantor's business, property and improvements. Notwithstanding THIS CONVEYANCE ACCEPTED IY THE 100RD OF COUNTy COMMISSIONERS COlLIER COUNTy, FLORIDA, · PURSUANT ~ ~"DA DATED: 7 lol'TEM NO./I, C I? OR: 4097 PG: 3602 anything contained herein, Grantor shall have no liability for maintenance or repair of any permitted equipment or improvements. Should Grantee ever completely remove its permitted equipment and all improvements from the easement for a period of 6 months, the easement shall be deemed abandoned and this agreement shall be deemed terminated without the necessity of any further action by Grantor or Grantee or recording of any additional document in the public records of Collier County, Florida. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ~\r< ~k- Witness (Signature) Name: LltL~\~ZKU6l (Print) ~Qk:~ \.(J Y30vp Witness (Signature) Name: 12oh'I K. 6)IIJcl (Print) Citation Mortgage VIII Limited Partnership, an Oregon Limited Partnership By: Cla~sic Retirement Corporation, a F reign Corporation , Ge eral artner Name~WiLlutlV1 C &J/btlY\- (Print or Type) Address: P.O. Box 14111 Salem, OR 97309-5026 STATEOF~ COUNTY OF . tJY\ The foregoing Utility Easement 'f'as acknowledged before me this:{t-IJ day of ('v{(/vY'VYx'V"', 2005, by (name) LV) L{,utm ~ C<J!6flU ,PresidentAA6e President, Classic Retirement Corporation, a Foreign Corporation, as General Partner, on behalf of Citatio ortgage VIII Limited Partnership, an Oregon Limited Partnership, who i personally kn n to me or who has produced as identifica Ion. OFFICIAL SEAL SUZANNE J MAGEE NOTARY PUBLIC . OREGON COMMISSION NO. 393644 MY COMMISSION EXPIRES JULY 31, 2009 (Affix notarial seal) AWCLtt V ()J:~' / Ass1stlftt County Attorney Ellen T. Chl4wlll ,,~ <0 , \Jc. , .00:> 00 4? $J' o POINT OF COMMENCMENT SOUTHEAST CORNER SEC. 19, TWP. 50 S, RGE. 26 ~~ \ "" ~ \ ~ 0, \ yr~ ()1J \ ~~ \ 1;>.. 170 \ <<" \ \ \ \ \ \ BUENA VIDA REMEMENT HOME INC. O.R. BOGK 2034 PAGE }~49 \ \ \ \ \ \ ~J; \ \9. \ ~ 06", \ .~ ~ 6". 0.. ~ PARCEL P.O,B, "- "- "- "- "- "- "- "- " 1-- 1--0 ~ ~ ~~ 06'<;' >- "Y ''J 1J .?O." (/0' \ C? 4- 4- '\ -\> ~(~ ~ 0~ " <<' 1J -yr~ A. 17~ .~ y ~ ~ ~ ~0 PREPARED FOR: COLLIER CO WTY REAL ESTATE SERVICES FOR THE BENEAT OF: COLLIER COUNTY REAL ESTATE SERVICES CITAnON MORTGAGE VIII LIMITED PARTNERSHIP O.R. BOOK 1079 PAGE 1335 WilsonMiller Reg. Engineers and Land Surveyors 3200 Bailey Lane, Suite 200, (239) 263-6408 ~~k Andrew B. Beck, Professional Surveyor and Mapper I 6065 CERTIFICATE OF AUTHORIZATION # LB-4J ~?ifa?3 Dote Not valid without the signature and the original raised seal of a Rorida licensed surveyor and mapper. ABSTRACT NOT REVIEWED. GENERAL NOTES: · Bearings are based on the North line of U.S. - 41 (Tamiami Tral1) being North 39'06'20. West. * Dimensions are in feet and decimals thereof. * ABBREVIA nONS P.O.C. = Point of Commencement P.O.8. = Point of Beginning R/W = Right-of-Way, CL = Centerline U.E = Utility Easement ~ = PARCEL DESCRIBED OR. = OFFICIAL RECORD F.P.&L. = FLORIDA POWER AND LIGHT REVISED 4-01-05 ~ ADDED TO CERTlRCA770N REVISED 6-18-04 ~ CORRECTED TYPO s *** NOT A SURVEY *** PROJECT NO.: PARCEl NO. : CUENT: Wil.Miller.-'~~ PlIImIn . ~ . E<:oIoQID . an.y,n . LII1CB:lrpe Arr:MJcfa . T~fb1 CaIdBlIIlI ~, itc. ,.. , Fa1 ~ ' BnIllII ' lhdinbl . r. -BIIty Ln, M 2IXJ' ,.,. FbtiI3G-I!f17' /'IrJle NHfNO<<J, F'II1H4H1I6 ' IlifI-liII _........- TITLE: DATE: 07/03 *** OR: 4097 PG: 3603 *** EXHIBI"t A- PIOI ( 'I' -..~. 2 I\Is&. s <9' &0 <{<{ '. .>&. Jf/ z ..p. 0 CO ~ U1 ..p. .p.. E. (Q GJ GJ - U1 rri 20 29 4 N SCALE 1 "=50' ~ o 12.5 25 50 GRAPHIC SCALE 100 PROPOSED LIFT STATION EASEMENT( 45'x60') DESCRIPTION OF A PORTION OF TRACT "J" LELY GOLF ESTATES, ST. ANDREWS WEST, AS RECORDED IN PLAT BOOK 10, PAGE 93. PUBLIC RECORDS COLLIER COUNTY, FLORIDA. A PART OF SECTION 19. TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19; THENCE ALONG THE EAST LINE OF SAID SECTION 19, NORTH 02'44'35" EAST 485.93 FEET; THENCE LEAVING SAID SECTION LINE NORTH 58.29'44" WEST 580.78 FEET; THENCE SOUTH 50'53'40" WEST 111.66 FEET; THENCE NORTH 39.06'20" WEST 7.76 FEET TO THE POINT OF BEGINNING; THENCE NORTH 55.01'40" WEST 60.00 FEET; THENCE NORTH 35'09'45" EAST 45.00 FEET; THENCE SOUTH 55'01 '40" EAST 60.00 FEET; THENCE SOUTH 35'09'45" WEST 45.00 FEET; TO THE POINT OF BEGINNING; CONTAINING 0.062 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. COLUER COUNTY REAL ESTATE SERVICES SKETCH AND DESCRIPTION PROPOSED LIFT STA TION EASEMENT FILE NO.: 1C-.J1 PROJECT: Buena Vida Retirement Home FOLIO: 55100160002 Prepared by: Ellen T. Chadwell. Esquire Office of the County Attorney 3301 East T~i~i Trail Naples, Florida 34112 (941) 774-8400 3894956 OR: 4097 PG: 3604 RBCORDBD in OFFICIAL RBCORDS of COLLIER COUNTY, FL 08/31/2006 at 12:35PM DWIGHT E, BROCK, CLERK CONS 3234.00 REC FEB 27.00 DOC-,10 23,10 COPIBS 3,00 Retn: RBAL BSTATE SBRVICBS INTEROFFICB ATTN: S ZIMMERMAN ACCESS EASEMENT THIS EASEMENT, made and entered into this '7'*' day of November' , 2005, by CITATION MORTGAGE VIII LIMITED PARTNERSHIP, an Oregon Limited Partnership, by its undersigned General Partner whose mailing address is P.O. Box 14111, Salem, OR 97309-5026, 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 Tamiami Trail East, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) 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, license, and privilege for ingress/egress access to existing utility facilities on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, for the purpose of constructing, operating and maintaining utility facilities within that certain Utility Easement of even date herewith from Grantor to Grantee. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. Grantor reserves and excepts unto itself and its successors and assigns, all rights accruing from its ownership of the real property described in Exhibit "An against which this easement is being granted, including the right to engage in or permit or invite others to engage in all uses of the same real property that are not inconsistent with the purpose of the easement being granted herein or hinder the use of the easement being granted herein. The Grantee shall maintain the easement described herein in a good state of repair at the sole cost and expense of Grantee, its successors and assigns. Grantee hereby agrees that it will indemnify and hold harmless Grantor from any claim brought or made for or on account of any injuries or damages received or sustained by any person or persons or property, arising out of, or occasioned by, the negligence of Grantee in connection with use of the easement described herein and/or any permitted equipment or improvements owned by Grantee within the easement granted herein. Grantee shall promptly repair at its expense any damage to the easement or any other property not owned by Grantee, caused by Grantee exercising its rights under this easement. In the event that Grantee causes damage to the easement or any other property, real or personal, not owned by Grantee in the exercise of the privilege granted herein, Grantee agrees to restore the easement or property so damaged to its original condition at Grantee's expense. Maintenance of the easement and permitted THIS CONVEYANCE ACCEPTED IV THE BOARD OF COUNTY COMMISSI__. COllIER COUNTY, FLORIDA. PURSUANT,!O_~"DA DATED: ~ mM ttO.Jen.C./7 OR: 4097 PG: 3605 equipment or improvements located herein shall be performed in a manner that is minimally intrusive to Grantor's business, property and improvements. Notwithstanding anything contained herein, Grantor shall have no liability for maintenance or repair of any permitted equipment or improvements. Should Grantee ever completely remove its permitted equipment and all improvements from the easement for a period of 6 months, the easement shall be deemed abandoned and this agreement shall be deemed terminated without the necessity of any further action by Grantor or Grantee or recording of any additional document in the public records of Collier County, Florida. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ~~Q~ Witness (Signature) Name: UiJ\ e. ~CDY (Print) i)~ ~ ~11J Witness (Signature) Name: P-Ob. r1 (2. f::o ~ d (Print) Citation Mortgage VIII Limited Partnership, an Oregon Limited Partnership By: Classic Retirement Corporation, a, Frreign Corporation, tJJ ~e erttrtner , By:Il j 1'- ~ .- Pre~ident/Vioo rrc~idel rt - Name: CUI Lt1 tijtY\ t. CJltxrVL- (Print or Type) Address: P.O. Box 14111 Salem, OR 97309-5026 STATE OF Wr' COUNTY OF IJY\ i)The foregoing Access Easement "lap acknowledge,d before me this .:::J+h day of U/ttrY1h[~ 2005, by (name) .LVI LMa,m ~ CAJ JSI/VL , PresidentALiee Pfe~idellt, Classic Retirement Corporation, a Foreign Corporation, as General Partner, on behalf otCi ,~,.. ortgage VIII Limited Partnership, an Oregon Limited Partnership, who is rsonally know to me or who has produced as identifica OFFICIAL SEAL ; SUZANNE J MAGEE ./ NOTARY PUBLIC - OREGON .. COMMISSION NO. 393644 MY COMMISSION EXPIRES JULY 31. 2001 (Affix notarial seal) ~Kte fOMl a ~ sufffclttleJ V C d' /1/l..t- ~ Assistant County Attornel tl'.n T. Chldwtl1 POINT OF TERMINATION~ *** OR: 4097 PG: 3606 *** ~~~J:L 4 N SCALE 1 "= 100' ~ o 25 50 100 200 GRAPHIC SCALE PARCEL "A" :1-'" <{s ~ 'v~ 2 LELY GOLF ESTATES ST. ANDREWS WEST PLAT BOOK 10, PAGE 93, (TRACT "J") BUENA VIDA RETIREMENT INC. O.R. BOOK 2034 PAGE 1649 HOME 1- \ \.f9, \ .> 06'_ \..> ~ \6'004- \ \ \ \ \ \ POINT OF COMMENCMENT SOUTHEAST CORNER SEC. 19, TWP. 50 S, RGE. 26 E. z o ..p.. ~ CO ..p.. (JJ ..p.. (Q 0J 0J (JJ rri \. ~S: ~~ c/(\ fa ~~ IV' .~ '\ ,. ~/ ;~1 /: '11_,1 a .~, ~ ~ ~~,~, ~ :/ 06'_ ~ ~,,~o~ 'v<J\ O.R. BOOK 1079 PAGE 1335 GENERAL NOTES: # Bearings are based on the North line of U.S. 41 (Tamiami Trait) being North 39'06'20. West. # Dimensions are in feet and decimals thereof. * ABBRfVlA TlONS P.O.C. = Point of Commencement P.O.B. = Point of Beginning R/W = Right-of-Way, CL = Centerline U.f. = Utility Easement ~ = PARCEL DESCRIBED OR. = OFFICIAL RECORD F.P.JtL. = FLORIDA POWER AND LIGHT CENTER LINE OF PROPOSED 15' WIDE ACCESS EASEMENT PREPARED FOR: COLLIER COUNTY REAL ESTATE SERVICES FOR THE BENERT OF.' COLLIER COUNTY REAL ESTA TE SERVICES CITATION MORTGAGE VIII LIMITED PARTNERSHIP DESCRIPTION OF A PORTION OF TRACT "J" LEL Y GOLF ESTATES, ST. ANDREWS WEST, AS RECORDED IN PLAT BOOK 10, PAGE 93, PUBLIC RECORDS COLLIER COUNTY, FLORIDA, A PART OF SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. WilsonMiJler Reg. Engineers and Land Surveyors 3200 Bailey Lane, Suite 200, (239) 263-6408 :~4J Andrew B. Beck, Professional Surveyor fJtJd Mapper I 6065 CERTIFICATE OF AUTHORIZATION # L~?4J Not valid without the signature and Jf1~ original raised seal of a Rorida licensed .,St1Tveyor and mapper. COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19; THENCE ALONG THE EAST LINE OF SAID SECTION 19, NORTH 02'44'35" EAST 485.93 FEET; THENCE LEAVING SAID SECTION LINE NORTH 58'29'44" WEST 580.78 FEET; THENCE SOUTH 50'53'40" WEST 111.66 FEET; THENCE NORTH 39'06'20" WEST 7.76 FEET; THENCE NORTH 55'01'40" WEST 46.72 FEET; TO THE CENTERLINE OF THE PROPOSED 15 FOOT ACCESS EASEMENT AND THE POINT OF BEGINNING; THENCE ~ 'h ALONG THE CENTERLINE OF SAID ACCESS EASEMENT ~? t w ~ THE FOLLOWING (4) COURSES AND DISTANCES; / SOUTH 89'50'34" WEST 30.03 FEET; Date NORTH 77'46'43" WEST 27.53 FEET; NORTH 64'01'48" WEST 19.59 FEET; NORTH 34'11'28" WEST 402.44 FEET TO THE A POINT OF TERMINATION ON THE SOUTHEAST LINE OF ST. ANDREWS BOULEVARD; CONTAINING 0.165 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ABSTRACT NOT REVIEWED. REVISED 4-01-05 '" ADDED TO CERTlRCATlON REVISED 6-18-04 '" CORRECTED TYPO_s PROJECT ~O.: PARCEl ~O. : *** NOT A SURVEY *** cuEt(T: Wil.."ille'.-'~- PlImln ' sv-. . ~ . Ibwjo<n . ~.4n:HIrJcb . Tntnllprilllcn CcnI.fIllllll WI8on.Wer; he. '*'*' . faj ltn . IIndI . ItIdIrDI ' T. mI_~ IUf 200 ' ~ AriIo MJH!11l. ,.,.". 1HfND4O' Fu HH4H7If -1IlIHIt -*nnIIr._ COLLIER COUNTY REAL ESTATE SERVICES Tffi.[. SKETCH AND DESCRIPTION PROPOSED 15' WIDE ACCESS EASEMENT DATE: 07/03 PROJECT NO.: NB235-003-0 13 fiLE NO.: lC-Jl