Parcel 116DE
Project:
PARCEL:
Folio No.:
REPLACEMENT DRAINAGE EASEMENT
THIS REPLACEMENT DRAINAGE EASEMENT is being recorded to modify
supersede and replace that certain Drainage Easement recorded July 6, 2009 in Official
Records Book 4469, at Page 54, Public Records of Co&ler County, Florida (the "Original
Easement"), and is, made and entered into this '- day of ~ ~""" \ ,
2010, by MAGNOLIA POND ROAD DEVELOPMENT COMPANY, LLC, a Florida
limited liability company, whose mailing address is 2385 NW Executive Center Drive,
Suite 440, Boca Raton, Florida 33431, (hereinafter referred to as "Grantor"), to
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as
"County") and STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, whose
mailing address is Post Office Box 1249, Bartow, Florida 33831-1249 (hereinafter
referred to as "FOOT") (County and FOOT shall be 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.)
WIT N E SSE T H:
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 IS NOT 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
DOES NOT give Grantee the right to remove and use any excavated material. The
easement granted herein shall constitute an easement running with the land and shall
burden the lands described above.
This easement is granted subject to, and conditional on its express acceptance by
County as modifying, replacing, and superseding the Original Easement.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
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THIS CONVEYANCE ACCePTED 8Y TI1E
BOARD OF COUNTY "C"-1l181ONeR8.
OOWER COUN'TY. fI -0- etA.
PUR8UANTTO THE ~
ClP AESOLUTION NO. -. L
WITNESSES:
MAGNOLIA POND ROAD
DEVELOPMENT COMPANY, LLC,
a Florida limited liability company
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(Signat re)
~tar,Q L. P-y;rf...n,J
(Prin. N_a~r
By:
Its:
By:
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Its:
(Signature)
)
-G.,'
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(Print Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing Replacement Drainage Easement was acknowledged before me this
b ,\-\ day of F\F'IZ\ L ,2010, by Samuel R. Sobel, as Manager of JAFP
#2, LLC who is a Member of Magnolia Pond Road Development Company, LLC, a
Florida limited liability company, on behalf of the company, and who:
( is personally known to me
OR
produced
identity.
as proof of
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(Signature of ~ptary Public)
Tamara J. Beckel
(Print Name of Notary Public)
Serial/ Commission # (if any): ll\', t,'tZ',4'tS
My Commission Expires: \V\iu\.l.n'1 '1l)ll
I
ACCEPTANCE
Collier County hereby accepts the foregoing Replacement Drainage Easement
under the terms and conditions set forth in it.
DATED: Y \ l <;;l LO/ D
ATTEST:
~~V~~
AtUi.it as tc~ (nJilFU?J/ty,Clerk
'I ~ii. titre . ~l, '
BOARD OF COUNTY COMMISSIONERS
COLLIER NTY, FLORIDA
BY: 1 r
FRED . COYLE, Chairm
"'PPfO\l8:1 a,,< ~o form ,"5,; iegdi Sufficlen0/
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C_'-"'~";'-'~i,;-:~3~,,~..__.
Last Revised: 2/01/07
Replacement Drainage Easement
Page 2
'DESCRIPTION SKETfCH
tNOT .A SURVEY)
"EFlP€TUAI.. NON-EXCLUSIVE
~ EASEMeNT
PARCELHO. /L~;jf
MAGNOLIA POND 20' DRAINAGE EASEMENT
DESCRIPTION: ,6, parcel of land lying in the Northeast 1/4 of Section 34, Township 49 South,
Range 26 East, Collier County, Florida, and being more particularly described as follows:
COMMENCE at the Southeast corner of said Northeast 1/4 of Section 34, run thence along the
South boundary of said Northeast 1/4 of Section 34, S88'47'56"W, 263358 feet to the Southwest
corner thereof; thence along the West boundary of said Northeast 1/4 of Section 34, also being in
part the West boundary of MAGNOLIA POND ROAD DEVELOPMENT COMPANY, LLC parcel i
described in Official Records Book 4337, Page 3633, of the Public Records of Collier County,
Florida, the following two (2) courses: 1) N.00'24'19"W, 1285.51 feet to the POINT OF
BEGINNING; 2) N.00'24'19"W, 2001 feet to a point on the South right-of-way line of MAGNOLIA
POND DRIVE (Access Road No.2, as described in Official Records Book 1018, Page 383, of the
Public Records of Collier County, Florida), said point also being the Northwest corner of said
MAGNOLIA POND ROAD DEVELOPMENT COMPANY, LLC parcel; thence along said South
right-of-way line of MAGNOLIA POND DRIVE, also being the North boundary of said MAGNOLIA
POND ROAD DEVELOPMENT COMPANY, LLC parcel, N87'42'28"E, 1584.92 feet to the
Northeast corner of said MAGNOLIA POND ROAD DEVELOPMENT COMPANY, LLC parcel;
thence along the East boundary of said MAGNOLIA POND ROAD DEVELOPMENT COMPANY,
LLC parcel, SOO'QO'43"E, 2002 feet; thence along a line lying 20.00 feet South of and parallel with
aforesaid South right-of-way line of MAGNOLIA POND DRIVE, also being aforesaid North boundary
of MAGNOLIA POND ROAD DEVELOPMENT COMPANY, LLC parcel, S87'42'28"W, 1584.78
feet to the POINT OF BEGINNING.
Containing 0.728 acres, more or less
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diN 2 5 ,:;:n~
REV. LEGAL 6/ 10/09
-
This Sketch of Description 'NOS prepared in accordance with
the Minimum T echl"'icol Standards set forth by the Florida
Boord of Profe:;sionol Surveyors &: Mappers in Chapter
61 G 17.::-6,.- Floridf\J A1ministrative C098, pursuant to Section
~~2.027. Florido)Stotut,--. -", ,'~'_
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f. .,.."...,,~.1 '.... ,.' i v I,
DAviD ALAN WilLIAMS
FLORIDA PROftSSIONAl SURVEYOR .t ""'PER NO. lS.6..~.?~.
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL
MAGNOLIA POND
:20' DRAINAGIE EASEMENT
PREPARED BY, HEIDT & Jl5S0CIAT'ES, One.
Tampa" Fon Myers.'. Sarasota Manatee ." Brooksville
I ~ ~\ Certificate of Authorization
Number LB 148
~.. CIVIL ENGINEERING Fort rVlyer~ Office
LAND SURVEYING J800 CtJIOnldl Bouli'N,-,rd
SUltP. 200
~.. PLANNING Fort Myers, FL JJ9E.6
Ir ENVIRONMENTAL Phone', 239-482-7275
LANDSCAPE ARCHITECTURE FAX: 2Jg-482-21 OJ
Dot., 11 /D3/0B Drwn,OAW
~rder No:SBL-MP-008 Chk'd:AJN
DW9:W4-20'-0r0in~os P.C.: N/A
DC,"/A We,N/A
SEC. 34 TWN. 49 S. RNG.26 E.
SHEET,
1 of 2
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DESCRIPTION SKETCH
(NOT A SURVEY)
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(50' Right-ot-Way)
(Access Rood No.2, per O.R. 1018. Pg.
383)
South right-af-woy line, and the
North boundary of MAGNOLIA POND ROAD
OEVELOPMENT COMPANY, LLC
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MAGNOLIA POND ROAD
DEVELOPMENT COMPANY, LLC
(O.R. 4337, Pg. 3633)
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20' DRAINAGE EASEMENT
(0.728:t AC.)
flVT
'ERST
A T€ f{'
JGf{W
AY75
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S.88'47"55"W.
^v
( South boundory of
the Northeast 1/4 of
Section 34-49-26
2533.58' )
POINT OF COMMENCEMENT
Southeast corner of
the Northeast 1/4 of
Section 34-49-26
Southwest corner of
the Northeast 1/4 of
Section 34-49-26
L1
l2
N.00'24'19''W.
5.00'00' 43"E.
20.01
20.02
lEGEND:
O,R.---Official Records Book
Pg.---Page
NOTE: Beorj'gs ore based on
the SOuth boundmy of the
Northeast 1/4 of Section
34-49-2'3, havirg on assumed
bearing of S.88'47'S6"W. :20'
MAGNOLIA POND
DRAINAGE EASEMENT
This Sketch of Description was prepared in accordance with
the Minimum Techn;cal Standards set forth by the Florida
Boord of Professional StJrveyors &: Moppers in Chapter
61G17-~vflorltiQ: Administrative cod., pursuant 10 Section
47:?~f, Florido' Statutes.
// r'J" ""'"'J ,.,
_._ ,. ',' 'jl I "l-";:-'
DAVID ALAN WilLIAMS
FLORIDA PROFESSIONAl SURVEYOR & MAPPER NO. ~S6423
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL
PREPARED BY,HEIDT &. ~SSOCIATIl!S. Inc.
Tampa." Fort Myers." Sarasota Manatee ". Brooksville
Certificate of AuthoriZation
Number L8 148
CIVIL ENGINEERING Fo)["! MyC'r~ Offlce
LAND SURVEYING 3800 Colonial Boulevard
PLANNING SUite 200
Fc,rt Myers, FL 33966
ENVIRONMENTAL Phone 239-482-7275
LANDSCAPE ARCHITECTURE FAX: 239-4B2-21C3
REV. LEGAL 6/10/09
Dote: 11/03/08 Orwn, OAW
rder No:S8l-MP-008 Chk'd:AJN
DW9:,..,g...20.-0nl~ll5 P.C.: N/A
DC:N!A FS,N/A
EC. 34 TWN. 49 S. RNG, 26 E.
HEET:
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