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Parcel S-10 Project: Henderson Creek, No. 710101 Parcel No. S-10 Folio No. 49584120001 Prepared By: Jennifer A. Belpedio, Esquire Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 RIGHT OF ENTRY 5~a.lJ' ",..u6- S?'OJt'?f5' o~ C.l tJ},t)l~W .A.b.~ MI;..N BY THESE PRESENTS that HANS W. NITZKO, 3A&t URBl:JLA -;;..~ ~ ~ .NITZI{O:,"'~!I~ a.cl~;re-, whose mailing address is 6602 Van Road, Caseville, Michigan ~ ~ :: ~ 48725-9773, hereinafter known as "Grantor," for and in consideration of Ten Dollars ($10.00) :: ~ ~ and other valuable consideration to Grantor in hand paid, does hereby grant unto the BOARD Q ;;il CI> OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING ~ BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE S c::: COLLIER COUNTY WATER-SEWER DISTRICT, its agents, contractors or assigns, whose ~ mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter known as "Grantee," the temporary license and right to enter upon the lands of the Grantor to excavate and place or remove materials, including, but not limited to, water lines and pipes, and other equipment, utilities or improvements appurtenant thereto for the purpose of constructing, replacing, rehabilitating and testing utility facilities on the following described property: ~ See attached Exhibit "A" which is incorporated herein by reference This is not Homestead Property ALL RIGHT AND PRIVILEGE herein granted shall remain in full force and effect for two (2) years from date accepted by the Board of County Commissioners. ADDITIONALLY, the rights and interest granted hereunder are conditioned upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use of the aforementioned lands, and agrees to provide Grantor with advance notice when exercising its rights hereunder. At the conclusion of construction, replacement and testing activities, Grantee shall restore the surface of the lands to the condition existing prior to the commencement of construction, replacement and testing. By execution of this instrument, Grantor agrees that any and all utility infrastructure constructed on the property hereinabove referenced, with the exception of the water meter and any pipelines connecting said meter with Grantee's water distribution mains, shall become the property of Grantor, and all future maintenance and repair will be the responsibility of Grantor. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed this r2. 7m day of Faf2vJffl-(,2007. :it?i!-~tu~ ~ Name: IfNS ()t;t;~L L Pri t or Type) ature~~ (Print or Type) =:0 CONYIVANeI ACe,"" ., ,. COLlllr ~ COMMJSSJ_IS. PUISUMT Y. FLORIDA. DATlDt l~'Jr:rEM NO. / t, c 1 STATE OF ~~4 COUNTY OF _ _~ L:' _ The foregoing Right of Entry was acknowledged before me this ;I]+J.. day of 7e/JJ~ ' 2007 by HANS w. NITZKO\ whs i& ~8FEieP'lBlly 1(P'l5..P'I !e ~es ereho has produced ~ ~ (,IIh'lht; as identification) -f( C;:;'u.. ~_ _ ~ WITNESS my hand and official seal 's'2l.!- day of ~2.007. ~ (affix notarial seal) ~Yl'~ :~,. "Jt-Of~r;;~ (407) 396-0153 (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) . My Commission Expires: i5l'~/;:1..01 (;) . GARY BIGELOW MY COMMISSION # 00557217 EXPIRES: May 30, 2010 Acrid. 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OJ c ::t 0- (j) J o '< *** OR: 4194 PG: 0789 *** PROJECT: Henderson Creek PARCEL NO.: S-10 FOLIO NO.: 49584120001 EXHIBIT" A" Lot 1 0, Block J, HENDERSON CREEK PARK FIRST ADDITION, as recorded in Plat Book 8, Page 41 of the Public Records of Collier County, Florida, and a portion of the vacated part of Sonderhen Circle, described as follows: From the point of Beginning of the Southeast comer of said lot 10, run N 890 24' 50"W, for 30.00 feet; thence run N 61023' 07"W, for 110.07 feet to the Southeasterly Right-of-way Line of Sonderhen Circle; thence run 18,07 feet along the arc of a curve, concave to the Northwest, having a radius of 3079.93 feet and subtended by a chord having a length of 18.97 feet and bearing N 400 51' 24"E to a point of compound curvature, thence run 53.28 feet along the arc of a curve, concave to the Northwest, having a radius of 50.00 feet, and subtended by a chord having a length of50.79 feet and bearing N 10015'43.5"E, the last two courses lying along the Southeasterly Right-of- Way Line of Sonderhen Circle: thence run 35.37 feet along the arc of a curve, concave to the Southeast, having a radius of 230.00 feet and subtended by a chord having a length of 35.33 feet and bearing N 560 09' 36.5"E; thence run S 2901 1'06"E,(indicated on plat as being S 290 28' 46"E,) for 156.24 feet to he Point of Beginning. MEMORANDUM TO: Minutes & Records Department FROM: Gary Bigelow, Property Acquisition Specialist Real Estate Services DATE: JlIfUJI /4 ,2007 RE: Henderson Creek Right-of-Entry FOlJ/l (Ii) Please find attached OR8 (1) original Right of Entry for the above referenced project. The Board of County Commissioners of Collier County, Florida approved the recordation of same on January 23, 2007, Item 16Cl. Please contact me if you have any questions or comments at X8073. Thank you. ?J:; f3 C) Attachment(s) as stated /J /'T'Z-/Co L-'l-11htm. kv/~ fhVB1'IJt>r