Valencia Trails Lake Excavation INSTR 6041686 OR 5930 PG 3028
RECORDED 4/20/2021 9:18 AM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
DOC@ 70$0.70 REC$35.50
Prepared by and return to: CONS$10.00
Naples Associates IV,LLLP
1600 Sawgrass Corporate Parkway,Suite 400
Sunrise, Florida 33323
Attn: Clayton M. Ratliff, Esq.
TEMPORARY DRAINAGE, ACCESS AND MAINTENANCE EASEMENT
THIS TEMPORARY DRAINAGE, ACCESS AND MAINTENANCE EASEMENT (this "Temporary
Easement") is made and entered into this 1012-1 day of March, 2021 by NAPLES ASSOCIATES IV,
LLLP, a Florida limited liability limited partnership, whose mailing address is 1600 Sawgrass Corporate
Parkway, Suite 400, Sunrise, Florida 33323 (hereinafter referred to as "Grantor"), to COLLIER COUNTY,
a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the
Office of the County Attorney, Suite 800, Naples, Florida 34112 (the "County"), and VALENCIA TRAILS
HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, whose mailing address is
1600 Sawgrass Corporate Parkway, Suite 400, Sunrise, Florida 33323 (the "HOA", and together with the
County, are hereinafter referred to collectively 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. Grantor and Grantee are used
for singular or plural, as the context requires.)
WITNESSETH:
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 temporary, non-exclusive drainage, access and maintenance
easement, solely for the purposes set forth below, over, under, upon and across the following described
lands located in Collier County, Florida (the"Easement Area"), 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
This Temporary Easement is to be used for the sole purpose of constructing, operating, and
maintaining drainage structures and facilities, including but not limited to canals, ditches, swales, earthen
berms, rip-rap, underground pipes, and various types of water control structures within the easement area
for surface water drainage. This easement includes the right to construct and maintain a stabilized
roadbed facility capable of providing access for vehicles and equipment for maintenance of drainage
facilities thereon and adjacent thereto. Grantee shall have the right to limit access to the Easement Area.
The Grantor shall maintain the Easement Area and any and all drainage facilities located therein,
at its sole cost and expense, in good working order and condition sufficient to ensure the drainage of
surface water without obstruction. In the event that the Grantor fails to properly maintain the Easement
Area and/or any drainage facilities located therein and such failure prevents or obstructs the drainage of
surface water, the County shall have the right, but not the obligation, to perform such maintenance
[21-EIS-04444/1612062/1] Page 1 of 4
necessary to ensure the drainage of surface water without obstruction, at the Grantor's sole cost and
expense. The foregoing maintenance responsibilities of Grantor may be assigned to the HOA upon formal
acceptance by the HOA.
This Temporary Easement shall remain in effect only until such time as the temporary easements
granted herein are replaced by permanent drainage easements within the Easement Area that are
granted via a separate instrument or dedicated by a plat recorded in the Public Records of Collier County,
Florida (the "Termination Event"), at which time this Temporary Easement shall automatically self-
terminate and become null, void and of no further force or effect without the need of any further
instrument being recorded. In the event that only a portion of the Easement Area is affected by the
Termination Event, then this Temporary Easement shall automatically partially self-terminate solely with
respect to that portion of the Easement Area being affected by the Termination Event and become null,
void and of no further force or effect without the need of any further instrument being recorded.
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enforce the
intended use stated herein. The easements granted herein shall constitute easements running with the land
and shall burden the Easement Area described above.
[Space Intentionally Left Blank]
[21-EIS-04444/1612062/1] Page 2 of 4
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and
year first above written.
WITNESSES: GRANTOR:
Signed, sealed and delivered
in presence of: NAPLES ASSOCIATES IV, LLLP, a Florida
limited liability limited partnership
By: Naples IV C rporation, a Florida
corporati eneral partner
y By:
Wi ess Si atur Name: ; r v
-1-1% Title: V: Ls- QrlS:eljn;"
Print Na
e�
i (SEAL)
Witn ss Signature
(16//rah ►'h- On /k
Print Name
STATE OF FLORIDA
SS:
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid
and in the County aforesaid to take acknowledgments, the foregoing instrument was ack owledged before
me 12y means of [X] physical presence or [ ] online notarization, by , as
v;L , (u;4,,,N- of Naples IV Corporation, a Florida corporation, the general partner of Naples
Associates IV, LLLP, a Florida limited liability limited partnership, on behalf of said corporation and
partnership. Such individual is personally known to me or produced as
identification.
WITNESS my hand and official seal in the County and State last aforesaid this ' -da arch
2021.
Notary Public SMofRonda Notaiy Public
My Commission Expires: 7,,tieen M.Callon ( ?P'te^ On. CO 1
,Irnrtiwiorl HH 032594
, • OSN6Y1024 Print Name
Acceptance by Grantee:
ATTEST: Notary Pubic SoaleofFlorida : •ARD •F C:.NTY COMMISSI NERS
Me
CRYSTAL K. KINZEL, CO "M'C0N0" �3LLIE' • ITY, FLORIDA
Exploit
pire.0Co 9/10/2024 HH 032564
a •
/ i
♦ By: 0-1441-d
i. "IT;'t `biity Clerk Penny Taylor, hairman
Approved as to form and legality:
4,4.X.L THIS CONVEYANCE ACCEPTED BY THE BOARD
OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, PURSUANT TO AGENDA
Dereekk D. Perry DATED 2/23/2010, ITEM NO. 16.B.1,
Assistant County Attorney RESOLUTION NO. 2010-39.
[21-EIS-04444/I612062/1] Page 3 of 4 APPROVED PURSUANT TO RESO. 2010-39
EXHIBIT "A"
Legal Description of the Easement Area
Tract"Fl", Brentwood Lakes — Plat One, according to the plat thereof, as recorded in Plat Book 67, Page
68, of the Public Records of Collier County, Florida.
[21-EIS-04444/1 61 2062/1] Page 4 of 4