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Parcel S-34 Memorandum TO: Minutes & Records Management FROM: Jason Bires Property Acquisition Specialist Real Estate Services DATE: July 5, 2007 RE: Henderson Creek Park Water Main Project (Public Utilities - Water Department Project No. 710101) PARCEL NOS.: 5-34; 5-44 Please find attached two (2) original recorded Rights of Entry for the above referenced project. The Board of County Commissioners of Collier County, Florida approved the purchase on January 23,2007, item number 16(C)(1). Please contact me if you have any questions or comments at Extension 8719. Thank you. Project: Henderson Creek, No. 710101 Parcel No. S-34 Folio No. 49583320006 Preparad By: Jennifer A. Belpedlo, Esquire Office of the County Attorney 3301 East Tam/ami Trail Nap/es, Florida 34112 (239) 774-8400 RIGHT OF ENTRY SuRV,VtN(r 5POVS& aF' KNOW ALL MEN BY THESE PRESENTS that WILLIAM LUMETTA,,'Mg MARGARET MARY LUMETTA, II"SIiI!'IIB'" _, whose mailing address is 34 Sonderhen Dr., Naples, FL 34114-8210, 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 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, 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 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. I IN WITNE~EOF, the Grantor has caused these presents to be executed this day of , 2007. ~~ jh "'n (Print orT ) ~~. b""YUAJ Witness (Signature) Name: Con V\ ,'t' b.JLI'Y'~s (Print or Type) William Lumetta 4038136 OR: 4249 PG: 0866 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 06/26/1007 at 07:59AM DWIGHT E. EROCK, CLERK REC FER 18.50 coms 1. DO STATE OF COUNTY OF Retn: REAL ESTATE SERVICES INTEROPPICE ATTN: JASON 8719 I I N1 The foregoing Right of Entry was acknowledged before me this ~ day of / 1/tJ.rc!;" , 2007 by William Lumetta, who is personally known to me or who has produced f7u;"'~ \:)(\Jer's L, as identification. WITNESS my hand and official seal this ~ day of (f//.(( l ,2007. /~ (affix notarial seal) / '~'";~";<:''' Jason Bires (Print Name of Notary Public) ':~~.~ COIrumsslOn #DD273205 NOTARY PUBLIC ~;'i ..;l,~ ExpIres: Dec 07, 2007 Serial/Commission #:(if any) ~~'?OFf\..O,,' BondedThnl .. . ..""., Atlantic Bonding Co., Inc. My CommisSion Expires: Approved as to form & legal sufficiency ~.~oBY~eY *** OR: 4249 PG: 0867 *** PROJECT: Henderson Creek PARCEL#: S-34 FOLIO#: 49583320006 Exhibit "A" Lot 34, Block I, HENDERSON CREEK PARK, FIRST ADDITION, as recorded in Plat Book 8, Page 41, of the Public Records of Collier County, Florida