Backup Documents 11/09/2021 Item #16A10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 10
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must received in the County A orney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP �, ' 15
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is ready complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the unty Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3 County Attorney Office County Attorney Office • _ ` \ '�1�., 1
4. BCC Office Board of County (A
to l
Commissioners - ? I
5. Minutes and Records Clerk of Court's Office tt)A , 1
1112,(2D21 Woe"
PRIMARY CONTACT INFORMATION
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,may need to contact staff for additional or missing information.
Name of Primary Staff Matt McLean: CPP,IF&PM-GMD Phone Number 239-252-62918279
Contact/ Department
Agenda Date Item was 11/09/2021 Agenda Item Number ID 16.A.10.# e466.
Approved by the BCC
Type of Document Land Exchange Agreement—Collier Number of Original 1
Attached County—GM Advisors,LLC Documents Attached
PO number or account 112-172927-633011-31112.12
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? MM
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be MM
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the MM
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MM
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip MM
should be provided to the County Attorney Office at the time the item is input into SIRE.
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 your deadlines!
8. The document was approved by the BCC on and all changes made during th N/A is not
meeting have been incorporated in the attached document. The County Attorney's an option for
Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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INSTR 6163148 OR 6045 PG 1878
RECORDED 11/22/2021 4:17 PM PAGES 33
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$282.00
LAND EXCHANGE AGREEMENT
GM ADVISORS, LLC
THIS LAND EXCHANGE AGREEMENT(hereinafter referred to as the"Agreement") is
made and entered into this IL. of Uytki1(j 2021 (the"Effective Date"), by and among GM
Advisors, LLC, a Florida limited liability company (hereinafter referred to as the "Developer")
and Collier County, Florida,a political subdivision of the State of Florida (hereinafter referred to as
"County"),each individually referred to as the"Party"and collectively referred to as the"Parties."
RECITALS:
WHEREAS, County is the owner of a certain 3.79+/- acre parcel of real property located
in unincorporated Collier County,the northern 0.6+/-acres of which is transportation right of way,
and is expressly excluded from this Agreement. This parcel, less and except the northern 0.6+/-
} acres, is described on Exhibit A attached hereto and made a part hereof(the"County Parcel"). The
County Parcel is currently used as a dry water detention facility associated with the lmmolcalee
Road drainage systems; and
( WHEREAS, Developer is the owner of a certain 5.0+/-acre parcel of real property located
in unincorporated Collier County, described on Exhibit B attached hereto and made a part hereof,
( (the"Swap Parcel"); and
WHEREAS, upon the terms and conditions set forth herein,the County and the Developer
desire to exchange the County Parcel for the Swap Parcel; and
WHEREAS,among other considerations set forth below, as part of this land exchange, the
Developer will also (1) design, permit and construct a new water detention facility on the Swap
Parcel at its sole cost and expense(the"Project"); and (2) grant the County a minimum 20-foot
drainage easement for operation and maintenance of the new water detention facility at no cost to
the County; and
WHEREAS, the Collier County Board of County Commissioners hereby finds that this
exchange of real property is in the best interest of the County.
WITNESSETH
NOW,THEREFORE, in consideration of Ten Dollars(10.00)and other good and valuable
consideration exchanged amongst the parties, and in consideration of the covenants contained
herein, the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. The parties agree to the exchange of real property interests and associated
improvements as set forth below.
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► 3. New Improvements. Developer agrees to design, permit, and construct a new pond
site and related drainage facilities on the Swap Parcel at its sole cost and expense, including all
necessary stormwater pipe interconnections(the"New Improvements"). The New improvements
gt shall provide for treatment and attenuation of stormwater runoff for Immokalee Road.
Modifications to the treatment, attenuation,and discharge from Immokalee Road "Basin 8"to the
t Cocohatchee canal will be coordinated through a South Florida Water Management District
("SFWMD")permit to be obtained by Developer,and shall result in no increase of hydraulic grade
t line elevations for the existing Immokalee Road drainage inlets included in"Basin 8."The increase
' of impervious area for the future auxiliary lane for Randall Boulevard along Immokalee Road shall
j he modeled and incorporated into the permitting of the New Improvements. The County shall
have the opportunity to review and approve the SFWMD permit and shall be the co-applicant for
E respective permit applications,as needed. Developer shall coordinate with the County on all facets
li! of this Project.
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4. Schedule. Design of the New improvements shall be completed no later than six (6)
months from the Effective Date unless otherwise mutually agreed upon by the parties. Permitting
of the New Improvements shall be completed no later than twelve (12) months from the Effective
i Date unless otherwise mutually agreed upon by the parties.Construction of the New Improvements
t shall be completed no later than two (2) years from the Effective Date, unless otherwise mutually
agreed upon by the parties.
i. er, at no cost to the 5. Plans for New Improvements. Prior to construction, Developer,p
I County, shall prepare preliminary and Final engineering design plans and specifications and
provide them to the County for review, comment and approval. Plans and specifications must be
I approved by the County prior to any construction, however, such approval shall not he
unreasonably withheld.
6. Approval of Contractors and Inspection. Prior to construction, Developer shall
F provide the County with a list of all proposed contractors and subcontractors for the Project.
Developer shall not utilize any contractors or subcontractors to whom the County objects. The
j County may hire a CEI Inspector for this Project and shall have the right to inspect the work
I throughout construction, and the Developer shall promptly correct all noted defects. Developer
shall provide the County with a construction schedule and promptly notify the County of any
i delays or other changes in such schedule throughout the duration oldie Project.
1
1 7. Title Commitment. Prior to construction, Developer shall provide, at no cost to the
County, a title commitment or an attorney's opinion of title pertaining to the Swap Parcel, and at
g or prior to closing, Developer shall remove or cure any liens, encumbrances or title defects
revealed in such title commitment or attorney's title opinion that are objectionable to the County.
If, prior to the commencement of construction, the County has an objection to title to the Swap
Parcel, which the County determines Developer cannot resolve within a reasonable time period
and with reasonable effort, the County shall have the right to terminate this Agreement as further
described in paragraph 9 of this Agreement, and thereafter neither the County nor the Developer
shall have any further obligations or liability thereunder.
8. Easements. At closing, the Developer will convey to the County, at no cost to the
County, a minimum 20 foot drainage easement for operation and maintenance of the New
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Improvements.Prior to closing, Developer shall coordinate with the County on the precise location
of the drainage easement. Developer shall provide all surveys and legal descriptions for such
easements prepared by a licensed Florida property surveyor, for the County's review and approval
at no cost to the County. Ail casement documents shall be subject to approval by the County
Attorney's office. Once conveyed, the County will he responsible for the perpetual maintenance
of the drainage easement.
9. Right of Entry. To the degree necessary for the project, each party hereby grants the
other party a right of entry to enter upon their respective parcels.
10. Termination. County may terminate this Agreement if (I) the County does not
approve the design plans for the New Improvements; (2) if the County is not reasonably satisfied
with title, survey, environmental, or other due diligence investigations pertaining to the Swap
Parcel; (3) if the deadlines set forth in para ra h 3 of this Agreement for design, permitting, and
construction have not been met, absent mutually agreed upon extensions of time; or (4) if
Developer does not commence or complete construction of the New Improvements in accordance
with the County approved design plans, specifications and relevant permits. Developer may
terminate this Agreement prior to the commencement ofconstruction on the Project if it determines
in its sole discretion that the costs associated with the Project are not feasible or eliminate any
benefit to the Developer from this Agreement. Should Developer exercise its termination rights,
any costs incurred related to the Project shall be borne solely by Developer.
11. Project Completion. Developer shall notify the County in writing once construction
of the New Improvements has been completed, County shall have 30 days following receipt of this
notice to inspect the Swap Parcel and New Improvements. Following completion, but prior to
closing, Developer shall provide to the County all associated permit completion certifications, as-
built construction plans, an updated survey of the Swap Parcel, evidence that all contractors,
subcontractors and materialmen have been paid, and delivery to the County of lien waivers.
Developer shall also provide executed deed and easement conveyance documents for review by
the County Attorney's Office.
12. Closing. The closing for the exchange of Parcels will be held on a date mutually
agreed upon by the parties, but shall occur no later than three (3) months after project completion,
unless otherwise agreed upon by the Parties. Developer shall convey the Swap Parcel to the County
as well as all New improvements thereon, and County shall accept the New Improvements. The
County shall simultaneously convey the County Parcel to Developer. Developer shall be
responsible for all recording fees and closing costs for both Parcels. At the closing, the County
will deliver to Developer the following:
a) A warranty deed with fee simple title free and clear of all liens and encumbrances
(except non-monetary encumbrances, if any) conveying the County Parcel to
Developer, in the form of Exhibit C;
h) An Owner's Title Policy covering the County Parcel with no objectionable title
exceptions;
c) Possession of the County Tract; and
• d) Any and all other such documents and instruments as may be reasonably necessary
to effectuate the transfer of the County Parcel as provided herein.
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At the closing, Developer will deliver to the County the following:
a) A warranty deed with fee simple title free and clear of all liens and encumbrances
(except non-monetary encumbrances, if any) conveying the Swap Parcel to the
County, in the form of Exhibit C;
b) A bill of sale, owner's affidavit, attorney affidavit, and subordination for any New
improvements not covered by subsection (a) above, in the forms of Exhibit D, if
necessary;
c) The executed drainage easement described in paragraph 8, in the form of Exhibit
d) An Owner's Title Policy covering the Swap Parcel with no objectionable title
exceptions;
e) Possession of the Swap Parcel and New Improvements; and
f) Any and all other such documents and instruments as may be reasonably necessary
to effectuate the transfer of the Swap Parcel as provided herein.
13. Maintenance. Upon recordation of the Warranty Deed for the Swap Parcel, the
County will become solely responsible for the perpetual operation and maintenance of the storm
water management system on the Swap Parcel, which includes the stormwater pipes, stormwater
pond, and associated discharge into the Cocohatchee canal.
14. Waiver of Liability and Claims. Developer, on behalf of itself, its successors and
assigns(including any and all future owners and tenants, both commercial and residential, within
the Development), hereby waives any and all claims for damages, including but not limited to
future business damages and loss of access as a result of the proposed overpass at intersection of
Randall Boulevard and Immokalee Road or its construction. Developer shall give all successors,
assigns, tenants and buyers, both residential and commercial, who purchase or lease land from
Developer a separate written notice of the planned overpass with the statement that the County
} will not construct any sound wall or other barrier of any kind to reduce the impact or noise of the
overpass.
15. Compliance with Law. Obligations of the County under this Agreement are subject
to approval by the Collier County Board of County Commissioners,and any other applicable,state,
i local,or federal law.
16. Cost of Advertisement. Developer shall cover the full cost of advertising this
exchange of property in a newspaper of general circulation published in the County, if any.
Legal Matters
17. The burdens of this Agreement (including the option to purchase), shall be binding
upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to
this Agreement, including any Property Swaps.
18. Developer acknowledges that the failure of this Agreement to address any permit,
condition, term or restriction shall not relieve either the applicant or owner, or their successors or
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assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said
permitting requirements, conditions, terms or restrictions,
19. In the event state or federal laws are enacted alter the execution of this Agreement,
which arc applicable to and preclude in whole or in part the parties' compliance with the terms of
this Agreement, then in such event this Agreement shall he modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Agreement. This
Agreement shall not be construed or characterized as a development agreement under the Florida
Local Government Development Agreement Act.
20, All parties shall execute this Agreement prior to it being submitted for approval by
the Collier County Board of County Commissioners. This Agreement shall be recorded by the
County in the Official Records of Collier County, Florida, within fourteen (14) days after the
County enters into this Agreement. Developer shall pay all costs of recording this Agreement. A
copy of the recorded document will be provided to all patties upon request.
21. This Agreement shall be governed by and construed under the laws of the State of
Florida. The parties shall attempt in good faith to resolve any dispute concerning this Agreement
through negotiation between authorized representatives. If these efforts arc not successful, and
there remains a dispute under this Agreement, the parties shall first use the County's then current
Alternative Dispute Resolution Procedure. Following the conclusion of this procedure,either party
may then file an action in the Circuit Court of Collier County, which shall be the exclusive venue
with respect to any disputes arising out of this Agreement.
22. This Agreement is a personal Agreement, and the rights and interests hereunder may
not be sold, transferred, or assigned, in whole or in part, without the prior written consent of the
County, which County may, in its sole discretion, deny such consent.
.
23. This Agreement constitutes the entire agreement between the parties with respect to
the activities noted herein and supersedes and takes the place of any and all previous agreements
entered into between the parties hereto relating to the transactions contemplated herein. All prior
representations, undertakings,and agreements by or between the parties hereto with respect to the
subject matter of this Agreement are merged into, and expressed in, this Agreement, and any and
all prior representations, undertakings, and agreements by and between such parties with respect
thereto hereby are canceled.
24. Nothing contained herein shall he deemed or construed to create between or among
any of the parties any joint venture or partnership nor otherwise grant to one another the right,
authority or power to bind any other party hereto to any agreement whatsoever.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
Attest: BOARD F UNTY COMMISSIONERS
CRYSTAL K. KI}IZ k Clerk 0 R COUNTY RI A
•By: W "`�• By:
Attest as.to Chairman�S•'' Cferl PENNY T LOR, Chair
signature only,.' ..
AS TO DEVELOPER: GM ADVISORS, LLC a Florida limited liability
company
Signed, sealed and delivered By: '
in the pnesen of: Nam :
Title:
• Signature/
-\5 -A \\,,0v p
Printed Name
Signatu►•
nDy CAM At4A
Printed Name
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 3 k day of 0La-QI-A,/
2021, byM:0mA.5-4'y as of GM Advisors, L C, a Florida limited
liability company, who is personally known to me or has produced
as identification.
Notary ub iicc
My Commission Expires: 2 (In ( 23
Appro e‘tl,as to form and
legalit .
SANDY SEMAAN
* Notary Public.State of Florida
Commiss;on No.GG302858
A. sh ar, 4to•M1 Commission Expires 02,17/2023 11
Assistant County Attorney \'v`
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Exll-I.OoOT A
SS[ ETCg DIF DEsc.RBG ON
THE SOUTHERLY PORTION OF TRACT GOLDEN E ESTATES UNIT No. 23,
PLAT BOOK 7, PAGE 9, COLLIER3b OF COUNTYGAT, FLORTDA.
CURVE TABLE
No. DELTA RADIUS LENGTH' CH BEARING DISTANCE
Cl 0335'19 5334.48' 334.11' N.8122 40'E 334.06'
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I.BEARINGS ARE BASED ON THE WEST LINE OF TRACT 3$BEING NORTH 00't4'ID'EAST. .'
2.DIMENSIONS ARE IH FEE7 AND DECIMALS THEREOF. t't`,I'1
3.SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ' r• ;��'r
4.PARCEL CONTAINS 3.23 ACRE$MORE OR LESS. 'ft/Q��^'o •"r-�'`"+i'••R•+F '•
MA CUS L.BERMAN.P.S.M, ''• e,r�....�;1 "
COLLIER COUNTYSURVEYORJ;t� �:��, ;,1
I FLORIDA SURVEYOR&HARPER L�iSOBB '• _' ,
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COLLIER COUNTY ;; '"- '~
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Development Review Division .' ' / .. :t c;:�`''
k Growth Management Department
2800 North Horseshoe Drive,Naples plorida 34104
Phone:23 9-252-6 88 5 Fax 239.252-6476
Date: Sheet No. SCALE: Fife No:
10-07-2021 2 OF 2 1 = 100' 2021-005
C,P®
I HsPl.noin,rnd ReplationSf 4.etlnq D.,,imetuStrgin.e,-vg heMM. CAO SURVSYDRAIYeSGSWoldm G.t.Frlatn meo\ID71.00S South° ri Stec*el frt:t16 GGE U234.110/301110631l At.,Autr.CAD SOS 10 enenl b,S,,.M.So.l.pri
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1;! Growth Management Department
Development Review Division
EXHIBIT "A"
Legal Description
(Tract 36, Golden Gate Estates Unit No.23)
Tract 36 of Golden Gate Estates Unit No. 23, Plat Book 7, pages 9 through 10 of the
public records of Collier County, Florida, located in Section 27, Township 48 South,
Range 27 East, Collier County, Florida.
Subject to Easements and Restrictions of Record.
Containing 3.79 Acres more or less.
• •(.`;••••(a4.6eN4
(../ 4\Aat Berman, P.S.M.
lorid SLfrveyor and Mapper LS 5086
- • .$
01.43-yil,i.and Surveyor
2021-003
•• .•
•••••Da,1:0\i3O/07/2021
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Page 1 of 1
2800 N.Horseshoe Drive,Myles Floridit 34104(239)252-2400
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co l ie r County
Growth Management Department
Development Review Division
II
EXHIBIT"A"
Description of part of Tract 36 of Golden Gate Estates Unit No.23, Plat Book 7,
pages 9 through 10 of the public records of Collier County, Florida.
(Southern Portion of Tract 36)
All that part of Tract 36 of Golden Gate Estates Unit No, 23, Plat Book 7, pages 9
through 10 of the public records of Collier County, Florida, being more particularly
described as follows;
Commencing at the Northeast Corner of said Tract 36;
Thence along the east line of said Tract 36, South 00°19'10"West 78.01 feet to the
Point of Beginning of the parcel herein described;
Thence continue along said east line South 00°19'10" West 449.36 feet to the
southeast corner of said Tract 36;
Thence along the south line of said Tract 36, North 89°40'50"West 330.00 feet to the
southwest corner of said Tract 36;
Thence along the west line of said Tract 36, North 00°19'10"East 402.32 feet;
Thence leaving said line North 82°12'35" East 333.33 feet to the Point of.Beginning
of the parcel herein described.
Subject to Easements and Restrictions of Record.
Bearings are assumed and based on the west line of Tract 36 being North
00'19'10"East.
Containing 3.23 Acres more or less.
atti
Marcus L. erma, P.S.M.
Florida Surveyor and Mapper LS 5086 ,•• •.,
County Land Surveyor ,�
Date: 10/07/2021 •
Ref: 2021-005 •.r `+C•:i:
•
Page 1 of 2 •
2800 N.liorseshoe Drive,Naples Florida 34104(239)252-2400 •
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Growth Management Department
Development Review Division
EXHIBIT"A"
Description of part of Tract 36 of Golden Gate Estates Unit No. 23, Plat Book 7,
pages 9 through 10 of the public records of Collier County, Florida.
(Northern Portion of Tract 36)
All that part of Tract 36 of Golden Gate Estates Unit No. 23, Plat Book 7, pages 9
through 10 of the public records of Collier County, Florida, being more particularly
described as follows;
Beginning at the Northwest corner of said Tract 36;
Thence along the north line of said Tract 36, also being the south right-of-way line of
Immokalee Road (S.R. 846), 334.11 feet along a non-tangential circular curve
concave to the north, having a radius of 5334.46 feet, through a central angle of
03°35'19"and being subtended by a chord which bears North 81°22'40" East, 334.06
feet to the northeast corner of said Tract 36;
Thence along the east line of said Tract 36,South 00'19'10"West, 78.01 feet;
Thence leaving said east line South 82'12'35"West 333.33 feet to a point on the west
line of said Tract 36;
Thence along said line North 00°19'10" East 73.11 feet to said Northwest corner of
Tract 36 and the Point of Beginning of the parcel herein described.
Subject to Easements and Restrictions of Record.
Bearings are assumed and based on the west line of Tract 36 being North
00°19'10" East.
Containing 0,56 Acres more or less.
rtel,ev T/.
Marcus L. Berman, P.S.M.
Florida Surveyor and Mapper LS 5086 -,
County Land Surveyor
"Date: 10/07/2021
Ref 2021 004 E. ("
•
Page 1 of 2 ',•,....,._.:.�..
(o- 2800 N.Horseshoe Drive,Naples Flarldn 14104(219)252-2400
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'SKETCH OF DESCWIPTIION
THE NORTHERLY PORTION OF TRACT 36 OF GOLDEN GATE ESTATES UNIT No. 23,
PLAT BOOK 7, PAGE 9, COLLIER COUNTY, FLORIDA,
CURVE TABLE
No. DELTA RADIUS LENGTH CH BEARING DISTANCE
Cl 0335'19'' 5334.46' 334.11' N.5122 40 E 334.06'
C2
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NORTH
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GRAPHIC SCALE �JA`
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'Ii PARCEL til E'/3::iisisiti::isisi::•::'? .:•:?`•i'i:'•iiiii:•i::::::•:::.......
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a UNIT No. 23 G?
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N.89°40'50•"W. 330.00'
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k 1.BEARINGS ARE BASED ON THE WEST LINE OF TRACT 36 BEING NORTH 00'1610'EAST. i'I. •
2.DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, /'/ r
3.SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. //IJ '7'
a. 4.PARCEL CONTAINS 0.56 ACRES MORE OR LESS. /�/`'"�'� �• : '
MAR US L.BERMAN,P.S.M.. ''•I.
COLLIER COUNTY SURVEYOR.,:,_. _
FLORIDA SURVEYOR&MAPPER,LS-50B6
r COLLIER COUNTY
il
Development Review Division :,i1 ,,
I Growth Management Department
'i 2800 North Horseshoe Drive,Naples Florida 134104
Phone:239-252-6885 Fax 239-252-6476
Date: Sheet No. SCALE: File No:
s 10-07-2021 2 OF 2 1"= 100e 2021-004
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Prepared by and return to:
Collier County
Transportation Engineering—ROW •
2895 South Horseshoe Drive
Naples,Florida 34104
[space above for recording data!
PROJECT:
PARCEL:
FOLIO:
WARRANTY DEED
THIS WARRANTY DEED is made this day of , 20_, by [insert
grantor(s) name(s) in caps and bold followed by marital status in lower case non-bold],
whose mailing address is [insert mailing address] (collectively [delete if not applicable],
"Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East,do the Office of the County Attorney, Suite 800, Naples, FL
34112("Grantee").
I
(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,
.b: as the context requires.)
WITNESSETH:That Grantor, for and in consideration of the sum of Ten Dollars($10.00)
and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
hereby conveys to Grantee,the following described land situate in Collier County,Florida:
See Exhibit"A"attached hereto. [or insert legal description]
tl Being [choose one] all / a portion of the property conveyed to Grantor by Deed
recorded in Official Record Book , Page , of the Official Records of Collier
1. County, Florida.
TO HAVE AND TO HOLD the same,together with all the tenements, hereditaments,and
appurtenances thereto belonging or in anywise appertaining, in fee simple forever.
ji Grantor hereby covenants and warrants that Grantor is lawfully seized of said property in
fee simple; that Grantor has good right and lawful authority to sell and convey the property; that
Grantor hereby fully warrants the title to the property and will defend the same against the lawful
claims of all persons whomsoever; and that the property is free of all encumbrances except for
easements, covenants, and restrictions of record and the lien of real estate taxes and
assessments not yet due and payable.
Grantor represents that Grantor's property [choose one] is homestead property [or] is
not homestead property, nor is it contiguous thereto.
]
This property [choose one] is / is not being acquired by Collier County pursuant to a
petition in eminent domain and [choose one] is/ is not subject to the restrictions imposed by
Section 73.013, Florida Statutes. [choose"is" if a condemnation suit has been filed]
This property is being acquired under the threat of condemnation and is exempt from
documentary stamp tax. [delete if not a capital improvement project]
[signature page follows I
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IN WITNESS WHEREOF,Grantor has executed this instrument on the day and year first
above written.
Witnesses: Grantor:
Signature(Witness 1) [name of grantor,caps not bold]
Printed Name
Signature(Witness 2) [name of grantor,caps not bold]
Printed Name
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization this day of , 20 , by [insert
grantor(s) name(s) in caps and bold followed by marital status in lower case non-bold],
who:
is 1 are[choose one]personally known to me;
OR
0 produced ❑a driver's license, OR ❑ as identification.
w
Signature of Notary Public
Printed Name
Serial/Commission#(if any):
(affix notarial seal above) My Commission Expires:
)
Approved as to form and legality:
Assistant County Attorney
Last Revised 6l15121
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rm 8 Rev. 2004(Utility Facilities Warranty Deed and Bill of Sale)
it
[Leave 3" blank space in upper right hand corner for recording purposes].
DRAINAGE FACILITIES WARRANTY DEED AND BILL OF SALE
THIS INDENTURE made this day of , 20 , between [Name of Grantor-
see Instruction No. 2] (hereinafter referred to as "Grantor"), and the BOARD OF COUNTY
t
1 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns,(hereinafter referred
to as "Grantee").
WITNESSETI-L:
is
That said Grantor, for and in consideration of the sum of Ten Dollars($10.00)and other good and valuable
consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged,
has granted,bargained and sold to the said Grantee,and Grantee's heirs,successors and assigns forever,all
[identify all types of drainage facilities being conveyed] drainage facilities and/or system(s) or portion(s)
thereof lying in, on, over and under the following described land, for operation, relocation, installation,
repair and/or maintenance of said facilities,system(s)or portion(s)thereof, all situate and lying and being
,A in Collier County, Florida,to wit:
(See Exhibit"A"attached hereto and incorporated by reference herein.)
(Exhibit"B" attached hereto is a sketch or other graphic representation
that depicts the physical location of the drainage systems being conveyed.)
and said Grantor does hereby fully warrant the title to said drainage facilities and/or system(s)or portion(s)
thereof, be they realty, personalty, or mixed, and Grantor will defend such title against all claims of all
persons whomsoever. For the purposes of this conveyance, the drainage facilities, system(s) and/or
portion(s) thereof conveyed herein shall not be deemed to convey any of the lands described in either
exhibit. Grantor and Grantee are used for singular or plural, as context allows. A sketch or other graphic
representation showing the location of the drainage facilities, etc., being conveyed is attached as Exhibit
TO HAVE AND TO HOLD the same unto the Grantee and its assigns,together with the right to enter upon
said land,excavate, relocate and/or take or introduce materials for the purpose of constructing, relocating,
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Page I of 2
c.°
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operating,repairing and/or otherwise maintaining drainage systems thereon. Grantor and Grantee are used
for singular or plural,as the context requires.
IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above
written.
[Witness and signature block-see Instruction No. 3]
[Acknowledgment and notary block-see Instruction No. 4]
Prepared by: [name of person preparing this instrument]
[Address of person preparing this instrument]
[
E07/2021
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16A10
{
Form 6-Rev. 2004 (Owner's Affidavit)
I '
OWNER'S AFFIDAVIT
STATE OF [name of Statel
I i
COUNTY OF [name of Countyl
•
•
BEFORE ME, the undersigned authority, personally appeared , who to me
is well known,and having been duly sworn and under oath,deposes and states:
I. My name is , I am over the age of twenty-one (21)years,am sui jw'fs, and
have personal knowledge of the facts asserted herein.
fi2. I am the owner of said real property located at ,and described on Exhibit
"A", which shows the location of the subject drainage facilities being conveyed.
3. All persons, frets, and corporations, including the general contractor, all laborers, subcontractors and
sub-subcontractors, materialmen and suppliers who have furnished services, labor or materials according
to plans and specifications, or extra items, used in the construction, installation and/or repair of[identify
e
type of drainage facility) drainage system(s) or portion(s) thereof on the real estate hereinafter described,
have been paid in full and that such work has been fully completed and unconditionally accepted by the
current owner of such facilities.
4. No claims have been made to the owner, nor is any suit now pending on behalf of any contractor,
subcontractor,sub-subcontractor,supplier,laborer or material-men,and no chattel mortgages or conditional
bills of sale have been given or are now outstanding as to the subject drainage system(s)or portion(s)thereof
placed upon or installed in or on the aforesaid premises.
5. Title to the subject drainage system(s)or portion(s) thereof and/or easement(s), if any, being conveyed
to the County is not encumbered by any recorded mortgage,recorded assignment of rents or profits,by any
Is recorded Uniform Commercial Code Financing Statement,or by any other recorded document that imposes
t
a security interest that could negatively affect conveyance of marketable title to the drainage system(s) or
portion(s)thereof and/or any easement being conveyed to the County.
OR
Title to the drainage system(s) or portions) thereof and/or easement(s) being conveyed to the County is
subject to the following security interest(s)by the following recorded instrument(s):
Page I of 3 cNet
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1. Mortgage(or Assignment of Rents and Profits)[describe only recorded instruments that impress
a security interest against title to the system(s) or portion(s) thereof and/or any easement being
conveyed to the County] to [list name of the mortgagee(s)] , dated , ,
and recorded at O.R. Book , Page_ et seq., Public Records of Collier County.
2. UCC-1 Financing Statement, recorded at O.R. Book , Page , Public Records of
Collier County.
3. UCC-1 recorded with Florida Secretary of State at Tallahassee (Leon County), Florida at O.R.
Book , page
[INSTRUCTION: The Affiant must list each mortgage, and/or each assignment of rents and profits, and
each UCC-1, and/or each other recorded document that is a security interest that could negatively affect
conveyance of good and marketable title to any of the drainage system(s) or portion(s) thereof(and/or
kI; easement(s), if any) being conveyed to the County. if good, marketable title to the drainage system(s) or
V portion(s)thereof and/or any easement(s)being conveyed is encumbered by any such recorded instrument,
the Affiant must briefly describe each such recorded security instrument, including the book and first page
where that security instrument'has been recorded. It is not necessary to attach a copy of any such recorded
document to the Affidavit. Do not list any Notice of Commencement or,any Reservation of Mineral Rights,
etc., because such documents do not impress any security interest against good, marketable,title to the
drainage system(s) or portion(s)thereof and/or easement(s),if any,being conveyed to the County.]
6. As and on behalf of the owner of the subject drainage system(s)or portion(s)thereof,does for valuable
consideration hereby agree and guarantee,to hold the Board of County Commissioners of Collier County,
ti Florida harmless against any lien,claim or suit by any general contractor,subcontractor,sub-subcontractor,
ksupplier, mechanic, material-man, or laborer, and against chattel mortgages, security interests or repair of
the subject drainage system(s) or portion(s)thereof by or on behalf of Owner. Affiant is used as singular
or plural,as the context requires.
7. The drainage system(s) or portion(s) thereof referred to herein are located within the real property
described in the attached Exhibit"A".
I!
FURTHER AFFIANT SAYETH NAUGHT.
DATED this day of , 20
Owner/A ffiant's Signature
Printed Name of Affiant
SWORN TO AND SUBSCRIBED before me by means of❑ physical presence or ❑ online notarization,
this day of ,20_,by (name of Owner/Affiant making statement) , who is❑
personally known or❑ produced (type of identification produced) as identification.
Page 2 of 3
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(Signature of Notary Public)
I
(Printed or Typed Name of Notary Public)
Prepared by: [name of person preparing this instrument]
[Address of person preparing this instrument]
07/2021
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Page 3 of 3
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Growth Management Department
Development Review Division
EXHIBIT"B"
Legal Description
(Tract 52, Golden Gate Estates Unit No.23)
Tract 52 of Golden Gate Estates Unit No. 23, Plat Book 7, pages 9 through 10 of the
public records of Collier County, Florida, located in Section 27, Township 48 South,
Range 27 East,Collier County, Florida.
Subject to Easements and Restrictions of Record.
Containing 5 Acres more or less.
blfar`ces L;Berrdan, P.S.M.
• Fldnda-Surveyor and Mapper LS 5086
• ...:•Gqunty,Larid Surveyor
Date: 10/07/2021
Ref: 2021-002
Page 1 of 2
2800 N.Horseshoe Delve,Naples Florida 34104(239)252-2400
cNO
16A10
Form 5- Rev.2004 -(Attorney's Affidavit)
ATTORNEY'S AFFIDAVIT
• STATE OF (name of State]
COUNTY OF [name of Countyl
1personally
BEFORE ME,the undersigned authority,on this day of ,20 ,
appeared , who is to roe well known, and having been sworn upon oath,
deposes and states:
s
aI 1. My name is , I am over the age of twenty-one (21) years, am
otherwise sui juris, and have personal knowledge of the facts asserted herein.
2. I am a licensed attorney, Florida Bar# , authorized to practice law in Florida and am
currently practicing law in the State of Florida. My business address is
My business telephone number is
My business mailing address is
•
3. This Affidavit is given as an inducement to the Board of County Commissioners of Collier County,
Florida,to accept the dedication or conveyance of[identify type of drainage facility]drainage system(s)or
.fi portion(s)thereof located within or upon the real property described in the attached Exhibit"A", which is
incorporated herein by reference,said land being located in Collier County, Florida.
4, The Affiant has examined record title information to the underlying real property and the drainage
facilities being conveyed to the County referenced in this affidavit, including but not limited to,information
requested from the Florida Secretary of State relative to any Uniform Commercial Code financing
statements.
5. The record owner of the underlying real property described herein is [give full legal name of owner as
it appears in title information; if owner is an entity, make reference to the laws of the state or jurisdiction
under which entity was created and presently operates] (hereinafter"Owner"). The Owner acquired record
title to the subject real property by instrument recorded at Official Records Book ,at Page
[insert official record book and first page of instrument where owner acquired title],Public Records,Collier
County, Florida.
[INSTRUCTION; If the record owner is an entity,the Affiant must indicate that he has examined corporate
or partnership information obtained from the jurisdiction under which the entity was created and presently
Page 1 of 3
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operates, that the entity is current and active within said State or jurisdiction, that the entity is currently
authorized to do business in the State of Florida, and identify the exact name and title of the persons
, authorized to execute the instruments on behalf of that entity in conjunction with the conveyance of the
subject real and personal property. Pursuant to Section 689.071, Florida Statutes, iF the record owner is a
trustee, the Affiant shall state that the Trustee has full power and authority to execute instruments of
conveyance on behalf of the Trust and, if applicable, incorporate by reference and attach supporting
t documentation.] [If the record owner is an individual,the Affiant must state the marital status represented
to the Affiant by the individual and, if married, state whether the real property is or is not homestead
property. If the drainage facilities being conveyed are located wholly within public right-of-way, the
• Affidavit should state that fact.]
6. Title to the subject drainage system(s) or portion(s) thereof and/or easement(s), if any, being conveyed
r to the County is not encumbered of record.
i OR
?9 Title to the drainage system(s) or portion(s) thereof and/or easement(s) being conveyed to the County is
it encumbered by the following instruments of record:
,.
1. Mortgage(or Assignment of Rents and Profits) [describe only recorded instruments that impress
a security interest against title to the system(s) or portion(s) thereof and/or any easement being
conveyed to the County]to [list name of the mortgagee(s)] ,dated , ,
and recorded at O.R. Book , Page et seq., Public Records of Collier County.
2. UCC-1 Financing Statement, recorded at O.R. Book , Page , Public Records of
Collier County.
3. UCC-1 recorded with Florida Secretary of State at Tallahassee (Leon County), Florida at O.R.
Book , page .
I
[INSTRUCTION:The Affiant must list each mortgage,assignment of rents and profits,UCC-1(s)or other
security instrument that impress a security interest that could negatively affect conveyance of good title to
the drainage system(s) or portion(s)thereof and/or easement(s), if any, being conveyed to the County. If
marketable title to the drainage system(s) or portion(s) thereof and/or any easement(s) being conveyed is
!s encumbered by any such recorded instrument,the Affiant shall describe the respective security instrument,
i including the book and first page where the security instrument has been recorded. It is not necessary to
attach a copy of any such document to the Affidavit. This Affidavit must list each security interest that
( is listed in the Owner's Affidavit,and each such security interest must be subordinated. Do not list a
Notice of Commencement or Reservation of Mineral Rights, etc., because such instruments do not
' negatively affect marketable title to the drainage system(s) or portion(s)thereof and/or easement(s) being
conveyed to the County. If all of the drainage facilities being conveyed to the County are located in public
right-of-way, do not list mortgages, etc., if they do not encumber after acquired property that is located in
public right-of-way. Claims asserted under Chapter 713, Florida Statutes,must be"transferred to security"
r, pursuant to Section 713.24, Florida Statutes, or other adequate security acceptable to the County Attorney
must be provided to the County before the County will grant preliminary acceptance of title to such
facilities.
E
7.Affiant further states that the information contained in this Affidavit is true, correct and current as of the
date this Affidavit is given.
9
r [INSTRUCTION: Unless the time period is extended by staff for good cause in the specific instance, per
Ordinance,the date of this Affidavit should not be dated earlier than sixty(60) days prior to the submittal
is
f
[ Page 2 of 3
1 CI\ .
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1
of legal documents pertaining to Utility Conveyance to Collier County, Engineering Services to consider
preliminary acceptance of the subject drainage system(s)or portion(s)thereof documents.]
FURTHER AFFIANT SAYETH NAUGHT.
DATED this day of ,20 .
1
Attorney/Affiant's Signature
is
Attorney/Affiant's Name
SWORN TO AND SUBSCRIBED before me by means of 0 physical presence or 0 online notarization,
I. this day of ,20_, by (name of attorney/affiant making statement) ,who is
R ❑ personally known or 0 produced (type of identification produced) as identification.
1
e (Signature of Notary Public)
Not:nrinl ;i li l
(Printed or Typed Name of Notary Public)
Prepared by: [name of person preparing this instrument]
[Address of person preparing this instrument]
07/2021
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2 Page 3 of 3
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ElnllfU QD 11 0
j ALL OF TRACT 52 OF GOLDEN GATE ESTATES UNIT No. 23, PLAT BOOK 7, PAGE 9,
COLLIER COUNTY, FLORIDA.
1
36
53 54
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PLAT
NORTH
1 GRAPHIC SCALE G 100 150 200
S.89°40'50"E. 330.00'
1- I-
II IN FEET ) LI 211
1; 1 inch = 100 ft. Ill
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S.89°40'50"E. 330.00'
22ND AVE NE " v
60'ROAD EASEMENT
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7.BEARINGS ARE BASED ON THE WEST LINE OF TRACT 52 BEING NORTH 00'19'IO'EAST. //iA/Vetv'd OC.. �c�3;r/W-''�/..-/ '—t<1
4 2.DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. M CUS L.NERMAN,P.SLM �'
Y 3.SUBJECT TO EASEMENTS MID RESTRICTIONS OF RECORD. COLLIER COUNTY SURVEYOR,'`';, �F.,..
a.PARCEL CONTAINS 5 ACRES MORE OR LESS. FLORIDA SURVEYOR&MAP,P@RCS 50864:' ':'
COLLIER COUNTY "":,‘
Development Review Division
,, Growth Management Department
z
2800 North Horseshoe Drive,Naples Florida 134104
It It 'hone:239-252-6885 Fax 239-252-6476
Date: Sheet No. SCALE: File No:
10-11-2021 2 of 2 1" = 20' 2021-002
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11\P0,wiwg°nl 5eg°I.ti,MErg:neerirgb.p.,lm.ni1E,gi,.e,ig 1Ctk,0K.0 SURVEY GPav2111GS\Geld.,Gate 211.te,\2011.002 GGE U211,8 c1 52 dwg.1021 1/202191l 2e.2.t.nel,CAb POE IG en eraI Gem penleti°nl et1
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16A10
Form 4-Rev, 2004(Utilities Facilities and/or Utilities Easement(s)Subordination)
t
[Leave 3" space blank space in upper right hand corner for recording purposes]
DRAINAGE FACILITIES AND/OR DRAINAGE EASEMENT(S)SUBORDINATION
i
i.
THiS SUBORDINATION is dated this day of ,20 ,by[Insert the complete and correct
' name of the Secured Party-see Instruction No.2](Hereinafter referred to as the"Secured Party"), in favor
of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors
and assigns,(hereinafter referred to as"County"). Secured Party as used herein includes singular or plural,
il as the context allows.
4
1
WHEREAS,the purpose of this Subordination is to subordinate the Secured Party's Security Interests that
encumber good, marketable title to the Encumbered Drainage Facilities and/or the related Drainage
Easement(s)being conveyed to Collier County,which Drainage Facilities are located over,on and/or under
the underlying real property that is encumbered by security interests in favor of the Secured Party as
specified in the below-listed security instruments);and
WHEREAS, the Secured Party is the owner and holder of a [Mortgage or Assignment
of Rents and Profits, UCC-1*,etc.], recorded in Official Records Book , Page , et seq.,
Public Records of Collier County, Florida, [and if applicable], as amended by a ,
recorded at O.R. Book, Page et seq., Public Records of Collier County, Florida.;and
[NOTE: *UCC-Is are usually subordinated by UCC-3s. If a UCC-i or UCC-3 is recorded outside of Collier
I County, insert the Book, Page and place (usually Tallahassee) of the recordation of each such UCC-1 or
g UCC-3].
i
s WHEREAS, the Secured Party is also the owner and holder of a , recorded at O,R.
,.
Book, Page , et seq., Public Records of Collier County, Florida, as amended by a
recorded at O.R. Book, Page et. seq., Public Records of Collier County,
II
Florida; and
WHEREAS,each above-referenced Security Instrument grants to this Secured Party a security interest that
encumbers good and marketable title to the Encumbered Drainage Facilities being conveyed to Collier
y County,and/or encumbers the related Drainage Easement(s),if any,also being conveyed to Collier County,
which Drainage Facilities have been constructed within such easement(s)and are under, on and/or over the
underlying real property; and
ii WHEREAS, prerequisite to the conveyance of the Drainage Facilities and/or related Drainage Easements,
if any,being conveyed to the County,Collier County requires that this Secured Party must subordinate only
its Security Interests in(i)the Encumbered Drainage Facilities being conveyed to the County and(ii)each
related Drainage Easement(s), if any, being conveyed to the County; and the Secured Party is hereby
complying with said request for these subordination(s).
NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable
K consideration,the receipt of which is hereby acknowledged by the Secured Party, the Secured Party hereby
subordinates its security interests in the Encumbered Drainage Facilities being conveyed to Collier County,
11 and/or to each Drainage Easement(s), if any, being conveyed to the County, which encumbered Drainage
e
Page 1 of 2
16A10
Facilities are located over, on and/under the described underlying real property. Except as expressly
subordinated herein, the Secured interests of the Secured Party remain in full force and effect.
IN WITNESS WHEREOF,the Secured Party has caused this Subordination to be executed the date and
year first above written.
[Insert correct witness and signature block-see Instruction No.3]
[Acknowledgment and notary block-see Instruction No.4]
Prepared by: [Insert name and street address of the individual who prepared this Subordination]
[NOTE: Upon request,County staff will provide examples of properly executed Subordinations].
1
07/2021
Page 2 of 2
CPO
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•
Exhibit
•
•
•
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CA
16A10
Project:
PARCEL:
Folio No.:
DRAINAGE EASEMENT
THIS EASEMENT, made and entered into this day of
, 20 , by , whose mailing address is , (hereinafter referred to
as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida,
whose mailing address is 3299 Tamiami Trail East, do the Office of the County
Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to 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
perpetual, non-exclusive drainage easement to enter upon and to install and maintain
drainage structures and facilities, including but not limited to ditches, swales, earthen
berms, rip-rap and retaining wall systems, underground pipes, and various types of
water control structures 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 HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land and to place and/or excavate materials for the purpose of
constructing, operating, and maintaining drainage facilities thereon. This easement
includes the right to remove and use any and all excavated material. The parties record
that Grantor has received full compensation for all improvements located within the
easement area, including, but not limited to, . The easement granted herein
shall constitute an easement running with the land and shall burden the lands described
••
above.
•
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
WITNESSES:
kF
(Signature)
(Print Name)
(Signature)
CAQ
16A10
(Print Name)
WITNESSES:
(Signature)
(Print Name)
(Signature)
•
(Print Name)
STATE OF
COUNTY OF
The foregoing Drainage Easement was acknowledged before me by means of ❑
physical presence or❑ online notarization this day of
20 , by ,who:
is personally known to me
OR
produced as proof of
pp identity.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial/Commission#(if any):
My Commission Expires:
STATE OF
COUNTY OF
The foregoing Draina a Easement was acknowledged before me by means of ❑
physical presence or online notarization this day of
20 , by ,who:
is personally known to me
OR
produced as proof of
identity.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial/Commission#(if any):
Last Revised: 06/26/1B
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My Commission Expires:
Approved as to form and legality:
Assistant County Attorney
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Gast Revised: 06/26/18
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