Backup Documents 12/16/2008 Item #16D 7
1607
MEMORANDUM
Date:
January 21, 2009
To:
Wendy Klopf, Operations Coor.dinator
Housing & Human Services
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
A Consent of Mortgagee allowing the Eden Gardens
Apartments Limited Partnership (EGALP)
to execute a grant of easement to Lee County
Electric Cooperative (LCEC) for the "Reserve at
Eden Gardens"
Attached is an original Consent of Mortgagee and Easement,
referenced above (Item #16D7) that was approved by Board of
County Commissioners on Tuesday, December 16,2008.
The second (identical) original will be recorded. A copy of the
recorded document will be provided to you upon execution.
If you should have any questions, please contact me at 252-8406.
Thank you.
Attachments (I)
It) f..eL. 1-11-cP1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original docume;:nt. Original document:; should be hand delivered to the Board (){lice. The completed routing slip and original
document~ arc to be forwarded to the Board Ollie!.: only after the BO<tnJ has taken action on the item.l
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's signature. draw a line tbrould routin2 lines # I throueh #4, complete the checklist, and forward to Sue Filson lline#5).
Route to Addressee(s) Office Initials Date
(List in routinR order)
I.Colleen Greene County Attorney ClYl & 1-/5-61
----- --
2. -- -- -- --
--- -- ,_._-~- ~~~-
- ---- --- ..
- ..---- ---- -
3. -~ -- .---
-- -- --
---- /- >- --
~--
4. ~;;< --- --,-
-
-
_/
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMA nON
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafffor additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee otfice only after the BCe has acted to approve the
item.)
Name of Primary Staff Wendy Klopf/ Housing & Human Services Phone Number 252-2901
Contact
Agenda Date Item was December 16, 2008 Agenda Item Number 1607
Approved by the BCC
Type of Document Agreement Number of Original 2
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro .ate.
Original document has been signed! initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are r 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 BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on_I2/16/08_(enter date) and all changes
made during tbe meeting have been incorporated in the attached document. The
Coun Attorne 's Omce bas reviewed the chan es, if a licable.
Ves
(Initial)
WK
N/A (Not
A licable)
2.
3.
4.
5.
6.
WK
WK
WK
I: Forms! County Forms! Bee Forms! Original Document" Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
1607 12-16-08 BCC Mtg.
Page 1 of2
16D7
Ann P. Jennejohn
From: klopf_w [WendyKlopf@colliergov.net]
Sent: Wednesday. January 21, 20099:50 AM
To: Ann P. Jennejohn
Subject: RE: 1607 12-16-08 BCC Mtg.
Perfect Thanks for letting me know.
Wendy Klopf
Wendy Klopf
Collier County Housing & Human Services
Operations Coordinator
3050 N Horseshoe 0r#11 0
Naples FI 34104
239-252-2901 phone 239-252-2331 fax
From: Ann P. Jennejohn [mailto:Ann.Jennejohn@colliercierk.com]
Sent: Wednesday, January 21, 2009 9:48 AM
To: klopCw
Subject: RE: 1607 12-16-08 BCC Mtg.
O.K.
Since there are two originals, I'm returning one original unrecorded easement to you and am takin9 the
other duplicate original to the Recording Department. Then we.11 send you a copy of the Recorded
document.
Is that alright?
Thanks for your help.
Ann
From: klopCw [mailto:WendyKlopf@colliergov.net]
Sent: Wednesday, January 21, 2009 9:42 AM
To: Ann P. Jennejohn
Cc: MunozRosa
Subject: RE: 1607 12-16-08 BCC Mtg.
In the orginal Mortgage OR 4343 PG 1160,1161.1162 Exhibit A identifies both folio's.
I have included the infromation needed for the cost center for recording.
Thanks so much for the update.
Wendy Klopf
1/21/2009
16D7 12-16-08 BCC Mtg.
Page 2 of2
1607
Wendy Klopf
Collier County Housing & Human Services
Operations Coordinator
3050 N Horseshoe 0r#11 0
Naples FI 34104
239-252-2901 phone 239-252-2331 fax
From: Ann P. Jennejohn [mailto:AnnJennejohn@collierclerk.com]
Sent: Wednesday, January 21, 2009 9:08 AM
To: klopCw
Subject: 1607 12-16-08 Bee Mtg.
<<160712-16-08 LCEC Esmt..pdf>>
Hi Wendy.
I have your signed Consent of Mortgagee/Grant of Easement with LCEC for Folio #00073361103; 16D7 12-
16
I've attached a separate easement (that came with 16D7) for a different folio # that wasn.t in the
Board's Executive Summary for the Dec. 16th Agenda Item #16D 7.
Was this approved at a different meeting?
Also. the document will need to be recorded.
Do you have a cost center for your department that can be billed?
Please coil me if you have any questions.
Thank you,
Ann J ennejohn
Clerk to the BCC
Minutes & Records Department
239-252-8406 (Fax: 239-252-8408)
ann.j ennejohn@colllerclerk.com
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in rc!:>ponse to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1/21/2009
Retr.:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
ii:TBI06
4252598 OR: 4421 PG: 1563
RBCORDBD In the OFFICIAL RBCORDS of COLLIBR COUNTY, FI
Oi/2ii2009 at ll:09AM DWIGHT B. BROCK, CLERK
RBC FBi
DOC-. iO
COPIBS
61.00
.iO
U0
CONSENT OF MORTGAGEE
16D7
/
~
\ ,j-
\..,:...~\
Collier County , the owner and holder of that certain
Mortgage given by Collier County ("Mortgagor"), dated
March 17. 2008 , and recorded in Official Record Book 4343,
Page 11 Sf) , of the Public Records of". Collier County, Florida, does
hereby consent to the grant of easement given by Mortgagor to the Lee County
Electric Cooperative, Inc" a copy of which easement is attached hereto.
Dated: December 16. 2008
Name of Mortgagee
Colli r C t
Approved as 10 form & legal sufficiency
r~~
Colleen Greene,
Aalietanl County Attorney
By.
Tom HenninQ
Printed, Typewritten, or Stamped Name
Its: Chairman
Item #
.llitl1
~'Jenda 1'1....',,-'"'1
u"te ~l)t)
Date \ ...-"JI-l\t:
Rec.d -!::i..J[ (
r
~ll,/;\ ~~
Deputy Clerk . ()
The foregoing instrument was acknowledged before me this oJ. .
of nM^_ ~"-\Vli"-~' ,2008 by""'l7'l rn \\e ^" ~[\ ~ . '
as (l 'n.Cl' or "'I" Q "'- of Q.tl \. \. \'t ( C C> ,J> ~ ~,,^..\..~~rporatlon
under the laws of the State of Florin" , on behalf of
the corporation and who j>: pp.rson::!lIy known to me or who has produced
as identification.
STATE OF Florida
COUNTY OF Collier
(NOTARIAL SEAL)
~~L,L
Signature of Notary Public
.
By ,
Nam i
"
Print .
n,
ATTEST:
DWfGHTE. BROCK, Clerk
My commission expires:
/ - :2 / - 20 1/
v
OR: 4421 PG: 1664
16D7
Prepared By:
Engineering Department
Lee County Electric Cooperative, Inc.
Post Office Box 3455
N. Ft. Myers, FL 33918-3455
Folio # 00073361103
Township 46 South, Range 29 East, Section 31
EASEMENT
KNOW ALL MEN BY THESE PRESENTS that Eden Gardens Apartments Limited
Partnership, a Florida Limited Partnership, as Grantor, whose post office address is 19308
SW. 380to Street, Homestead, Florida 33034-7000, in consideration of the sum of one
dollar and other valuable considerations, receipt of which is hereby acknowledged, does
hereby grant to Lee County Electric Cooperative, Inc., a Florida non-profit corporation, as
Grantee, whose post office address is Post Office Box 3455, North Fort Myers, Florida
33918-3455, and to its successors and assigns (the term "assigns" meaning any person,
firm, or corporation owning by way of assignment all rights under this Agreement or a
portion of such rights, with the Grantee or its other assigns retaining and exercising the
other rights), a perpetual easement for a right-of-way to be used for the construction,
operation, and maintenance of one or more overhead and underground electric distribution
lines, including, but not limited to, wires, poles, cables, conduits, anchors, guys, and roads,
trails, and equipment associated therewith, attachments and appurtenant equipment for
fiber optic telecommunications and television purposes (all of the foregoing hereinafter
referred to as "facilities"), over, under, in, on, upon, and across the lands of the Grantor
situated in the County of Collier and State of Florida and being more particularly described
as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF
together with the right and privilege from time to time to reconstruct, inspect, alter, improve,
enlarge, add to, change the voltage, as well as the nature or physical characteristics of,
replace, remove, or relocate such facilities or any part of them upon, across, over, or under
the right-of-way described above with all rights and privileges necessary or convenient for
the full enjoyment or the use thereof for the purposes described herein, including, but not
limited to, the right to trim, spray, cut, and keep clear all trees and undergrowth and other
obstructions within said right-of-way and on lands of Grantor adjoining said right-of-way
that may interfere with the proper construction, operation, and maintenance of such
facilities or any part of them, the right to mark the location of any underground facilities by
above-ground markers and other suitable markers, and the right of ingress and egress for
personnel and equipment of Grantee, its contractors, agents, successors or assigns, over
the adjoining lands of the Grantor, for the purpose of exercising and enjoying the rights
granted by this easement and any or all of the rights granted hereunder.
Grantor, its successors and assigns, shall have the right to use and occupy the
surface of the easement area for any purpose consistent with the rights and privileges
herein granted and which will not endanger or interfere with the construction, maintenance,
and operation or reconstruction of Grantee's utility installations.
By the execution hereof, Grantor covenants that it has the right to convey this
easement and that the Grantee and its successors and assigns shall have quiet and
peaceful possession, use, and enjoyment of this easement and the rights granted
hereby.
IN WITNESS WIjEREOF, the Grantor has executed this Agreement this
.J~f L day of Q[I-/) j y'"~ 2008.
.
OR: 4421 PG: 1665
16D7
SIGNED, SEALED, AND DELIVERED
IN THE PRESENCE OF:
Corkscrew Sanctuary, LLC, a Florida
limited liability company as General
Partner of Eden Gardens Apartments
Limited Partnership, a Florida limited
partnership
Fi
'ft Ih .fit ii, /.'I'~
Printed, Typewritten, or Stamped Name
of First Witness
'ip/)~f h,JzO
v,Second I ness (Signature)
1-/sq /)(,\00 ~el
Printed, Typewritten, or Stamped Name
of Second Witness
Steven Kirk. President
STATE OF ~"
COUNTY OF - i Pl)c
The foregoing instrument was acknowledged before me this 02~ day of
&c4>/-a 2008, by Steven Kirk, President of Corkscrew Sanctuary, LLC, a
Florida limited liability company as General Partner of Eden Gardens Apartme i[l1J!ed
Partn .. . Florida limited partnership on behalf of the partnership. e i!~J:~n~
nown to me 9r has produced -
.-.--
asfaenfification.
JD43El~G
cC~~njG\ \CD~
Signature of Notary Public
r:~b'C.\L' ~ \~u\e c,
Name of Notary Public Typewritten, Printed
or Stamped
.>
(NOTARIAL SEAL)
t~~?"
~.;',d.2 :; lJ:;:'~ii:'
::,.;(8;;
:'~~
My commission expires:
.,\~ Ix. \ dQ()C(
DESCRIPll0N'
(PREPARED BY SURVEYOR)
(EASEMENT "4")
A STRIP OF LAND 10.00 FEET IN WIDTH FOR ELECTRIC UTILITY PURPOSES LYlNG IN A PORTION OF THE NORTHEAST ONE-QUARTER
(NE 1/4) QF SECTION 31. TOv.NSHIP 46 SOUTH. RANGE 29 EAST. COLLIER COUNTY, FLORIDA. SAID EASEMENT LIES 5.00 FEET ON
EITHER SIDE OF THE FOLLO'MNG DESCRIBED CENTERLINE:
EXHIBIT " "
SHEET 1 OF 4
7
COMMENCING AT THE NORTHWEST CORNER OF THE NE 1/4 OF SAID SECTION 31; THENCE SOUTH 01.18.44.. EAST. ALONG THE III:ST
LINE OF SAID NE 1/4, A DISTANCE OF 440.04 FEET TO THE SOUTH LINE OF THE NORTH 440.00 FEET OF SAID NE 1/4; THENCE
NORTH 89'29.13". EAST. ALONG SAID SOUTH LINE, A DISTANCE QF 1225.64 FEET; THENCE SOUTH DO.OO.Or' WEST. A DISTANCE OF
246.61 FEET; THENCE NORTH 90.00'00'. WEST, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE: THENCE
SOUTH OO.Oo.or. WEST, A DISTANCE OF 38.06 FEET TO REFERENCE POINT ..A"; THENCE SOUTH 89.28'52. WEST. A DISTANCE OF 7.35
FEET; THENCE SOUTH 55'43.42" WEST. A DISTANCE OF 29.91 FEET; THENCE NORTH 89.59.59.. WEST. A DISTANCE OF 15.93 FEET TO
REFERENCE POINT '.B.'; THENCE NORTH 00.00.01'. EAST. A DISTANCE OF 54.97 FEET TO THE POINT OF TERMINUS OF SAID
CENTERLINE: THENCE FROM SAID REFERENCE POINT ..B", SOUTH 89.59.59" EAST, A DISTANCE OF 2.50 FEET; THENCE SOUTH
oo.oo'Ot" WEST, A DISTANCE OF 18.00 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE; THENCE FROM SAID REFERENCE POINT
..B.'. NORTH 89.59.59" WEST, A DISTANCE OF 30.37 FEET TO REFERENCE POINT "C"": THENCE NORTH 00.00.00'. EAST. A DISTANCE OF
2.50 FEET; THENCE NORTH 89'59.59.. WEST. A DISTANCE OF 15.00 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE; THENCE
FROM SAID REFERENCE POINT .'C"", NORTH 00.00.00" WEST. A DISTANCE OF 45.83 FEET; THENCE NORTH 07'05.40" EAST. A DISTANCE
OF 9.20 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE; THENCE FROM SAID REFERENCE POINT. A... NORTH 89.28.52.. EAST,
A DISTANCE OF 20.05 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE; THENCE FROM SAID REFERENCE POINT "A". NORTH
89.28.52.. EAST, A DISTANCE OF 5.00 FEET; THENCE SOUTH 00.00'01'. EAST. A DISTANCE OF 82.57 FEET; THENCE SOUTH 45'06.24.'
EAST. A DISTANCE OF 21.96 FEET TO REFERENCE POINT '.0": THENCE NORTH 89.44.18.' EAST. A DISTANCE OF 50.53 FEET; THENCE
NORTH 00"15.42" WEST. A DISTANCE OF 10.00 FEET; THENCE NORTH 89.44.18" EAST. A DISTANCE OF 20.00 FEET TO THE POINT OF
TERMINUS OF SAID CENTERLINE; THENCE FROM SAID REFERENCE POINT "0", NORTH 89'44.18.' EAST. A DISTANCE OF 119.29 FEET TO
REFERENCE POINT "E"; THENCE NORTH 00.15'42.' III:ST. A DISTANCE OF 10.00 FEET: THENCE NORTH 89.44'18.. EAST, A DISTANCE OF
20.00 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE; THENCE FROM SAID REFERENCE POINT '"E"". NORTH 89.44.18.. EAST, A
DISTANCE OF 110.18 FEET TO REFERENCE POINT "F.: THENCE NORTH 00.58'20" WEST, A DISTANCE OF 35.00 FEET TO THE POINT OF
TERMINUS OF SAID CENTERLINE: THENCE FROM SAID REFERENCE POINT T'. NORTH B9.44.18.. EAST. A DISTANCE OF 10.00 FEET:
THENCE NORTH 00'58.20'. WEST. A DISTANCE OF 35.00 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE; THENCE FROM SAID
REFERENCE POINT '.E... NORTH 89.44.1B'. EAST. A DISTANCE OF 125.18 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE.
AND
CONTINUED ON SHEET 2
C>
:;0
~
..".
PRO IFr:T SPFDFIr: NOlFS' r.......,
1) THIS DRAWING DOES NOT REPRESENT A BOUNDARY SURVEY. IT IS A SKETCH AND LEGAL DESCRIPTION ONLY. THIS DESCRIPTION IS BASED UPON PHASE ONE ~.-
BOUNDARY/ALTA SURVEY PREPARED BY CONSULTECH SURVEYING ac: !.lAPPING, INC., DRAWING NO. C-1099, SHEET 1 a:- 1. DATED a/06/07.
2) BEARINGS SHO'M>! HEREON ARE BASED ON THE NORTIi UNE OF SECTION 31--48-29, TAKEN TO BEAR NORTH as'29'13" EAST, AS PER PHASE ONE BOUNDARY/ALTA ....0
SURVEY PREPARED BY CDNSULTECH SURVEYING &I ~APPING, INC., DRAWNG NO. C-1099. SHEET 1 OF 1, DATED 13/06/07. G"""'l
3) NO SEARCH OF THE PUBue RECORDS HAS E\t:EN ~ADE BY THIS OFfiCE FOR EASEt.lENTS, DEED RESTRICTIONS, ZONING SE1BACKS, RIGHTS-Of-WAY OR ABANDONI.4ENTS.
+) THE SURVEY DEPICTED HERE IS NOT CO'vmED BY PROFESSIONAL UABILlTY INSURANCE. ADDITIONS OR DELETIONS TO SURV'EY I.lAPS OR REPORTS BY OTHER THAN THE
SlGNING PARTY OR PARTIES IS PROHIBITED WITHOUT 'iofl.lfTEN CONSENT OF THE SIGNING PARTY OR PARTlES. ~......JI
5) REPRODUCTIONS OF THIS DRA'W'lNG ARE NOT 'YAwn WIn-lOUT niE SIGNATURE AND ORIGINAL RAISED SEAL OF Tl-IE SIGNING SURVEYOR. en
en
en
&t;f,P(, ,4 ~~<~
KENNETH A. BREAUX, JR.. PSM
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA LICENSE NO. 4B20
CERTIFICATE OF AUTHORIZATION NO. LB6719
/' SKETCH OF DESCRIPTION
PREPARED IOI~
THE RESERVE AT EDEN GARDENS
DE.SCRIPTION owe, DATE BY CK
PREPARE EXHIBIT 10/17/08 WC KAB
REVISE EXHIBIT 10/23/08 WC KAB
FILE SCA,LE 1 N A
DWG NO: 21373-ELEC-EASE "4" JOB NO 21373
TRADEWINDS
:P7'c;/~i(Yrw~L :JQ/'{Cuic~Q/"v, J'IU(j.
CertifIcate of Authonzation No. LB 671 9
200 SW 3rd AVENUE
Okeechobee, FL 34974
Tel: (863) 763-2887
'-
EXHIBIT" A"
SHEET 2 OF 4
CONTINUED FROM SHEET 1
16D7
(EASEMENT "4A..)
A STRIP OF LAND 10.00 FEET IN WIDTH FOR ELECTRIC UTILITY PURPOSES L'l1NG IN A PORTION OF THE NORTHEAST ONE-QUARTER
(NE 1/4) OF SECTION 31, TOWNSHIP 46 SOUTH. RANGE 29 EAST. COLLIER COUNTY. FLORIDA. SAID EASEMENT LIES 5.00 FEET ON
EITHER SIDE OF THE FOLLO\l1NG DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF THE NE 1/4 OF SAID SECTION 31: THENCE SOUTH 0'.'8.44.' EAST. ALONG THE WEST
LINE OF SAID NE 1/4. A DISTANCE OF 440.04 FEET TO THE SOUTH LINE OF THE NORTH 440.00 FEET OF SAID NE 1/4: THENCE
NORTH 89.29.13" EAST. ALONG SAID SOUTH LINE, A DISTANCE OF 1978.72 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31: THENCE SOUTH 01.01"29" EAST. ALONG SAID WEST LINE, A DISTANCE
OF 158.58 FEET: THENCE SOUTH 89.27.14.' WEST. A DISTANCE OF 33.25 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE:
THENCE NORTH 17"52.37" EAST. A DISTANCE OF 13.78 FEET: THENCE NORTH 00.32.46" WEST. A DISTANCE OF 30.60 FEET TO
REFERENCE POINT "G.'; THENCE NORTH 41.35'19.. WEST. A DISTANCE OF 5.82 FEET; THENCE SOUTH 89.27'14.. WEST, A DISTANCE OF
25.00 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE: THENCE FROM SAID REFERENCE POINT '.G... NORTH 41.35.19" WEST. A
DISTANCE OF 37.98 FEET TO REFERENCE POINT ..H'.: THENCE SOUTH 89.27.14" WEST. A DISTANCE OF 141.01 FEET TO REFERENCE
POINT ..1'.; THENCE NORTH 00.32.46" WEST, A DISTANCE OF 20.00 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE; THENCE
FROM SAID REFERENCE POINT "H". SOUTH 89.27"14" WEST. A DISTANCE OF 221.80 FEET; THENCE SOUTH 00.32"46.' EAST, A
DISTANCE OF 22.00 FEET: THENCE NORTH 89.27'14'. EAST. A DISTANCE OF 15.00 FEET TO THE POINT OF TERMINUS OF SAID
CENTERLINE; THENCE FROM SAID REFERENCE POINT .'r.. SOUTH 89.27'14'. WEST. A DISTANCE OF 168.04 FEET TO REFERENCE POINT
"J"; THENCE NORTH 00.32"46" WEST. A DISTANCE OF 20.00 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE; THENCE FROM
SAID REFERENCE POINT "J". SOUTH 13.28.48" EAST, A DISTANCE OF 74.21 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE;
THENCE FROM SAID REFERENCE POINT '.J'., SOUTH 89.27'14" WEST, A DISTANCE OF 14.92 FEET TO REFERENCE POINT '.K": THENCE
SOUTH 00.32'46'. EAST. A DISTANCE OF 27.00 FEET; THENCE NORTH 89.27.14" EAST. A DISTANCE OF 10.00 FEET TO THE POINT OF
TERMINUS OF SAID CENTERLINE; THENCE FROM SAID REFERENCE POINT "K" SOUTH 89.27"14.' WEST, A DISTANCE OF 119.91 FEET:
THENCE SOUTH 00.32.46.. EAST. A DISTANCE OF 28.00 FEET: THENCE NORTH 89.27"14" EAST. A DISTANCE OF 10.00 FEET TO THE
POINT OF TERMINUS OF SAID CENTERLINE: THENCE FROM SAID REFERENCE POINT .'J", SOUTH 89.27.14" WEST. A DISTANCE OF 149.83
FEET TO THE POINT OF TERMINUS OF SAIO CENTERLINE.
ANO
(EASEMENT "4B..)
A STRIP OF LAND 10.00 FEET IN WIDTH FOR ELECTRIC UTILITY PURPOSES L'l1NG IN A PORTION OF THE NORTHEAST ONE-QUARTER
(NE 1/4) OF SECTION 31. TOWNSHIP 46 SOUTH, RANGE 29 EAST. COLLIER COUNTY. FLORIDA. SAID EASEMENT LIES 5.00 FEET ON
EITHER SIDE OF THE FOLLO\l1NG DESCRIBED CENTERLINE;
COMMENCING AT THE NORTHWEST CORNER OF THE NE 1/4 OF SAID SECTION 31: THENCE SOUTH 0,.,8'44.. EAST, ALONG THE WEST
LINE OF SAID NE 1/4, A DISTANCE OF 440.04 FEET TO THE SOUTH LINE OF THE NORTH 440.00 FEET OF SAID NE 1/4: THENCE
NORTH 89"29'13. EAST. ALONG SAID SOUTH LINE. A DISTANCE OF 1976.72 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31; THENCE SOUTH 01"01"29" EAST. ALONG SAID WEST LINE, A DISTANCE
OF 15B.5B FEET; THENCE SOUTH 89.27'14'. WEST, A DISTANCE OF 173.82 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE:
THENCE NORTH 00'32'46" WEST, A DISTANCE OF 12.00 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE; THENCE FROM SAID
POINT OF BEGINNING, SOUTH 89.27'14.. WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 00.32.46.' WEST. A DISTANCE OF 12.00
FEET TO THE POINT OF TERMINUS.
ANO
(EASEMENT" 4C'.)
A STRIP OF LAND 10.00 FEET IN \I1DTH FOR ELECTRIC UTILITY PURPOSES L'l1NG IN A PORTION OF THE NORTHEAST ONE-QUARTER
(NE 1/4) OF SECTION 31. TOWNSHIP 46 SOUTH. RANGE 29 EAST. COLLIER COUNTY. FLORIDA. SAID EASEMENT LIES 5.00 FEET ON
EITHER SIDE OF THE FOLLO\l1NG DESCRIBED CENTERLINE;
COMMENCING AT THE NORTHWEST CORNER OF THE NE 1/4 OF SAID SECTION 31: THENCE SOUTH 01.18'44" EAST. ALONG THE WEST
LINE OF SAID NE 1/4. A DISTANCE OF 440.04 FEET TO THE SOUTH LINE OF THE NORTH 440.00 FEET OF SAID NE 1/4; THENCE
NORTH 89"29'13. EAST. ALONG SAID SOUTH LINE. A DISTANCE OF 1976.72 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31: THENCE SOUTH 01.01"29" EAST. ALONG SAID WEST LINE, A DISTANCE
OF 158.58 FEET: THENCE SOUTH 89.27"14.. WEST, A DISTANCE OF 497.70 FEET: THENCE SOUTH 00.58.20.. EAST. A DISTANCE OF
55.64 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE: THENCE NORTH 88.26.31" WEST. A DISTANCE OF 62.03 FEET; THENCE
SOUTH 18.41"23" EAST. A OISTANCE OF 30.00 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE: THENCE FROM SAID POINT OF
BEGINNING. NORTH 88.26'31" WEST, A DISTANCE OF 95.00 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE.
PREPARf[) ~O'~ SKETCH OF DESCRIPTION
THE RESERVE AT EDEN GARDENS
DESCRIPTION 11WG_ DATE BY CK
PREPARE EXHIBIT 10/17/06 WC KAB
REVISE EXHIBIT 10/23/06 WC KAB
FILE SCALl: 1 N A
OWG NO' 21373-ELEC EASE "4" JOB NO: 21373
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Certificate of AuthorlZlIhon No_ 1.8 6719
200 SW 3rd AVENUE
Okeechobee, FL 34974
Tel: (863) 763-2887
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4252599 OR: 4421 PG: 1670
RECORDED In uFFICIAL RECORDS of COLLIER COUNTY, FL
01/2i/2009 at ii:09AN DWIGHT E, BROCK. CLERK
RBt m
DOC-.70
COPIES
Prepared By:
Engineering Department
Lee County Electric Cooperative, Inc.
Post Office Box 3455
N. Ft. Myers, FL 33918-3455
Ketn:
CLm '1'0 THE BOARD
iNTBROFFICE 4TH nOOR
m B406
35.50
,70
4.00
16D7
Folio # 00073361404
Township 46 South, Range 29 East, Section 31
EASEMENT
KNOW ALL MEN BY THESE PRESENTS that Eden Gardens Apartments Limited
Partnership, a Florida Limited Partnership, as Grantor, whose post office address is 19308
S.W. 38011i Street, Homestead, Florida 33034-7000, in consideration of the sum of one
dollar and other valuable considerations, receipt of which is hereby acknowledged, does
hereby grant to Lee County Electric Cooperative, Inc., a Florida non-profit corporation, as
Grantee, whose post office address is Post Office Box 3455, North Fort Myers, Florida
33918-3455, and to its successors and assigns (the term "assigns" meaning any person,
firm, or corporation owning by way of assignment all rights under this Agreement or a
portion of such rights, with the Grantee or its other assigns retaining and exercising the
other rights), a perpetual easement for a right-of-way to be used for the construction,
operation, and maintenance of one or more overhead and underground electric distribution
lines, including, but not limited to, wires, poles, cables, conduits, anchors, guys, and roads,
trails, and equipment associated therewith, attachments and appurtenant equipment for
fiber optic telecommunications and television purposes (all of the foregoing hereinafter
referred to as "facilities"), over, under, in, on, upon, and across the lands of the Grantor
situated in the County of Collier and State of Florida and being more particularly described
as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF
together with the right and privilege from time to time to reconstruct, inspect, alter, improve,
enlarge, add to, change the voltage, as well as the nature or physical characteristics of,
replace, remove, or relocate such facilities or any part of them upon, across, over, or under
the right-of-way described above with all rights and privileges necessary or convenient for
the full enjoyment or the use thereof for the purposes described herein, including, but not
limited to, the right to trim, spray, cut, and keep clear all trees and undergrowth and other
obstructions within said right-of-way and on lands of Grantor adjoining said right-of-way
that may interfere with the proper construction, operation, and maintenance of such
facilities or any part of them, the right to mark the location of any underground facilities by
above-ground markers and other suitable markers, and the right of ingress and egress for
personnel and equipment of Grantee, its contractors, agents, successors or assigns, over
the adjoining lands of the Grantor, for the purpose of exercising and enjoying the rights
granted by this easement and any or all of the rights granted hereunder.
Grantor, its successors and assigns, shall have the right to use and occupy the
surface of the easement area for any purpose consistent with the rights and privileges
herein granted and which will not endanger or interfere with the construction, maintenance,
and operation or reconstruction of Grantee's utility instaliations.
By the execution hereof, Grantor covenants that it has the right to convey this
easement and that the Grantee and its successors and assigns shall have quiet and
peaceful possession, use, and enjoyment of this easement and the rights granted
hereby.
IN WITNESS WHEREOF, the Grantor has executed this Agreement this
dS+\-' day of O~-\-c'o(:'r 2008.
OR: 4421 PG: 1671
16D;
,
Corkscrew Sanctuary, LLC, a Florida
limited liability company as General
Partner of Eden Gardens Apartments
Limited Partnership, a Florida limited
partnership
SIGNED, SEALED, AND DELIVERED
IN THE PRESENCE OF:
itness (Signature)
--;; m f.I "{'''/lv,..-
Printed, Typewritten, or Stamped Name
of Fir Witness
B'~
(S. natur )
Steven Kirk. President
econd Wi ness (Signature)
j I c,c~OtSa u+e I
Printed, Typewritten, or Stamped Name
of Second Witness
STATE OF F/t/ll,p;'
COUNTY OF Ilfldfh~~j}6.'
Th~ foregoing instrument was acknowledged before me this c2.fi{ day of
Ocfp.J'I''''- 2008, by Steven Kirk, President of Corkscrew Sanctuary, LLC, a
Florida limited liability company as General Partner of Eden Gardens Apa~nts Lir11ited
Partner~Jl~a Florida limited partnership on behalf of the partnershipCHe ispersonall)"
c:Knowntorri~)or has produced
as identification.
(NOTARIAL SEAL)
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(<?_> <NUL, \J; c..l.---,
Signature of Notary Public
-~. 1\
+n\y,I)\c, \Luc,\es
Name of Notary Public Typewritten, Printed
or Stamped
My commission expires: C 1 \ ~ G \ 0 Cj
r "'~l;'" . Notary P"bliC. S~te of Florida'"
tit... ;. FablOla Vlcaies
I!' .i1 ." ,omm"S1on 0D438766
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16D7
DESCRIPTION:
(PREPARED BY SURVEYOR)
(EASEMENT "I")
A STRIP OF LAND 10.00 FEET IN \\oIDTH FOR ELECTRIC UTILITY PURPOSES LYING IN A PORTION OF THE NORTHEAST ONE-OUARTER
(NE 1/~) OF SECTION 31, TOVoNSHIP ~6 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. SAID EASEMENT LIES 5.00 FEET ON
EITHER SIDE OF THE FOLLO\\olNG DESCRIBED CENTERLINE:
EXHIBIT U AU
SHEET 1 OF 2
COMMENCING AT THE NORTHWEST CORNER OF THE NE 1/~ OF SAID SECTION 31; THENCE SOUTH 0116'~~" EAST, ALONG THE 'lEST
LINE OF SAID NE 1/4. A DISTANCE OF 440.0~ FEET TO THE SOUTH LINE OF THE NORTH 440.00 FEET OF SAID NE 1/~: THENCE
NORTH 69'29'13" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 1172.6~ FEET; THENCE SOUTH 00'00'01" 'lEST, A DISTANCE OF
15.00 FEET; TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE SOUTH 00'00'01" WEST, A DISTANCE OF ~5.~8 FEET; THENCE
NORTH 89'59'59" 'lEST, A DISTANCE OF 17.00 FEET TO REFERENCE POINT "A": THENCE NORTH 00'00'01" EAST, A DISTANCE OF
10.00 FEET; THENCE NORTH 89'59'59" 'lEST, A DISTANCE OF 20.00 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE; THENCE
FROM SAID REFERENCE POINT "A", NORTH 89'59'59" WEST, A DISTANCE OF 150.00 FEET; THENCE NORTH 00.00'01" EAST, A
DISTANCE OF 10.00 FEET; THENCE SOUTH 89'59'59" EAST, A DISTANCE OF 20.00 FEET TO THE POINT OF TERMINUS OF SAID
CENTERLINE; THENCE FROM SAID POINT OF BEGINNING, SOUTH 00'00'01" 'lEST, A DISTANCE OF 70.48 FEET TO REFERENCE POINT "B";
THENCE NORTH 89'59'59" 'lEST, A DISTANCE OF 12.00 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE: THENCE FROM SAID
REFERENCE POINT "B", SOUTH 00.00'01" 'lEST, A DISTANCE OF 90.91 FEET TO REFERENCE POINT "CO; THENCE NORTH 89'59'59"
WEST, A DISTANCE OF 12.0D FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE: THENCE FROM SAID REFERENCE POINT "CO,
SOUTH 00'00'01" 'lEST, A DISTANCE OF 40.6~ FEET; THENCE SOUTH 89'59'59" EAST, A DISTANCE OF 13.00 FEET TO THE POINT OF
TERMINUS OF SAID CENTERLINE; THENCE FROM SAID REFERENCE POINT "CO, SOUTH 00'00'01" WEST. A DISTANCE OF 69.75 FEET TO
THE POINT OF TERMINUS OF SAID CENTERLINE.
AND
(EASEMENT "1 A")
A STRIP OF LAND 10.00 FEET IN \\oIDTH FOR ELECTRIC UTILITY PURPOSES LYING IN A PORTION OF THE NORTHEAST ONE-QUARTER
(NE 1/~) OF SECTION 31, TOVoNSHIP ~6 SOUTH, RANGE 29 EAST, COLliER COUNTY, FLORIDA. SAID EASEMENT liES 5.00 FEET ON
EITHER SIDE OF THE FOLLO\\olNG DESCRIBED CENTERliNE:
COMMENCING AT THE NORTHWEST CORNER OF THE NE 1/~ OF SAID SECTION 31; THENCE SOUTH 0118'~~" EAST, ALONG THE 'lEST
liNE OF SAID NE 1/~, A DISTANCE OF 440.0~ FEET TO THE SOUTH LINE OF THE NORTH ~40.00 FEET OF SAID NE 1/~; THENCE
NORTH 89'29'13" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 1185.64 FEET: THENCE SOUTH 00'00'01" 'lEST, A DISTANCE OF
2~6.25 FEET; THENCE SOUTH 90'00'00" 'lEST, A DISTANCE OF 42.23 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE:
THENCE NORTH 07'O5'~0" EAST, A DISTANCE OF 2~.~7 FEET; THENCE SOUTH B9'59'30" 'lEST, A DISTANCE OF 15.00 FEET TO THE
POINT OF TERMINUS OF SAID CENTERLINE; THENCE FROM SAID POINT OF BEGINNING, NORTH 07'O5'~0" EAST, A DISTANCE OF 3~.5~
FEET TO REFERENCE POINT "D"; THENCE SOUTH 89'59'30" 'lEST, A DISTANCE OF 119.56 FEET; THENCE SOUTH 00'00'30" EAST, A
DISTANCE OF 13.00 FEET: THENCE NORTH 89'59'30" EAST, A DISTANCE OF 12.00 FEET TO THE POINT OF TERMINUS OF SAID
CENTERLINE; THENCE FROM SAID REFERENCE POINT "D", SOUTH 89'59'30" 'lEST, A DISTANCE OF 126.56 FEET; THENCE NORTH
46'2~'24" 'lEST, A DISTANCE OF 11.09 FEET; THENCE NORTH 00'04'37" 'lEST, A DISTANCE OF 31.13 FEET; THENCE SOUTH 89'55'23"
'lEST, A DISTANCE OF lD.OO FEET: THENCE NORTH OD'O~'37" WEST, A DISTANCE OF 12.00 FEET TO THE POINT OF TERMINUS OF SAID
CENTERLINE.
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PROJECT SPECIFIC NOTES:
1) THIS DRA'MNG DOES NOT REPRESENT A BOUNDARY SURVEY. IT IS A SKETCH AND LEGAL DESCRIPTION ONLY. THIS DESCRIPTION IS BASED UPON
PHASE ONE BOUNDARY/ALTA SURVEY PREPARED BY CONSULTECH SURVEYING &: MAPPING. INC., DRAYJlNG NO. C-l099, SHEET 1 OF 1, DATED
B/06/07.
2) BEARINGS SHOlJ.oN HEREON ARE BASED ON THE NORTl-l LINE OF SECTION 31-46-29, TAKEN TO BEAR NORT11 89"29'13- EAST, AS PER PHASE
ONE BOUNDARY/ALTA SURVEY PREPARED BY CONSUL TECH SURVEYlNG & MAPPING. INC.. ORA\\1NG NO. C-l099. SHEET 1 OF 1. DATED B/06/07.
3) NO SEARCH OF mE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE FOR EASEMENTS. DEED RESTRICTIONS. ZONING SETBACKS,
RIGHTS-Of-WAY OR ABANDONMENTS.
4) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDIllONS OR DELETIONS TO SURVEY MAPS OR
REPORTS BY OTHER THAN lHE StGN!NG PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES.
5) REPRODUCll0NS OF lHlS DRA'MNG ARE NOT VALID IMTHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF TI-iE SIGNING SURVEYOR.
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KENNETH A. BREAUX, JR., PSM
PROFESSIONAL SURVEYOR AND M,\PPER
FLORIDA LICENSE NO. 4820
CERTlFICA TE OF AUTHORIZATION NO. LB6719
PREPARED r'OR SKETCH OF DESCRIPTION
THE RESERVE AT EDEN GARDENS
DESCRIPTION Dwe. DATE BY CK
PREPARE EXHIBIT 10/17/08 WC KAB
REVISE EXHIBIT 10/23/08 WC KAB
FILE SCALE: 1 = N A
DWG NO: 21373-ELEC-EASE 1" JOB NO' 21373
TRADEWINDS
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Certiflc!lte 01 Authoriz!ltion No. LB 6719
200 SW 3rd AVENUE
Okeechobee, FL 34974
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REVISE EXHIBIT 10/23/0B WC KAB
FILE SCAlE: 1 - 70
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TRADEWINDS
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