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Parcel 904INTEROFFICE MEMORANDUM TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Cindy Erb, Real Property Specialist II ~.~{i~(~/ Real Property Management Department August 15, 2000 Immokalee Road - 30" Force Main Attached you will find one (1) Consent and Joinder to Mutual Use for execution by Chairman Timothy J. Constantine concerning the above transaction. Please be advised that the document has been reviewed and approved by the County Attorney's Office. The Board of County Commissioner of Collier County, Florida approved the acquisition by gift or purchase pursuant to Resolution 2000-146, Agenda Item 16 B 21, dated May 23, 2000, and approved the acquisition by condemnation pursuant to Resolution 2000- 165, Agenda Item 8 B 2, dated May 23, 2000, and the Board has authorized its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney. Once the Agreement has been executed, please forward same to Ellie Hoffman, Records Technician III, Minutes and Records Management, for attestation by the Clerk to the Board. If you have any questions regarding this matter, please contact me at 774-8991. Thank You. Attachment: PROJECT: PARCEL: FOLIO: Immokalee Road - 30" Force Main 9O4 29331190644 CONSENT AND JOINDER TO MUTUAL USE AGREEMENT .~THIS CONS~..~NTi AND JOINDER TO MUTUAL USE AGREEMENT is given this ~/O"- day of ~ ,2000, by the CREEKSIDE COMMERCE PARK PROPERTY OWNERS' ASSOCIATION, INC., a Florida corporation not for profit, (hereinafter referred to as "Association"), whose address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida 34105, in favor of COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "Collier County"), whose address is 3301 Tamiami Trail East, Naples, Florida 34112. WITNESSETH: WHEREAS, the Association is holder and owner of certain non-exclusive rights over, under and across the area more particularly described in Exhibit "A", said rights including but not limited to rights obtained and based upon the following: Nature of Date Grantor Grantee Encumbrance Recorded in O.R. Book/Page Grant of 02/11/98 Creekside Creekside Commerce 2388/395 Easements West, Inc. Park Property Owners' Association, Inc. Grant of 02/12/98 Creekside Creekside Commerce 2388/2403 Easements West, Inc. Park Property Owners' Association, Inc. WHEREAS, Collier County has or will be obtaining from the fee simple owner of the area described in Exhibit '!A", attached hereto and incorporated herein by virtue of this reference (which premises are herein referred to as the "Property"); and WHEREAS, Collier County has requested that the Association consent, join in, and agree to the mutual use of the Property and the Association has so agreed. NOW, THEREFORE in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Association does hereby consent, join in and agree to the mutual use of the above referenced Property by Collier County, provided that: The County agrees to hold the Association harmless for any damage to County facilities as the result of the Association operation; maintenance and repair of Association facilities in the Property, except for damage caused as a result of the Association's negligence; The County agrees to be responsible for the repair to or relocation of Association facilities within the Property as the result of any right-of-way construction activity or present and future public use of the right-of-way; and The County shall have the obligation to repair any damages to or relocate the Association's facilities within the Property damaged as a result of the County's use thereof. LBARRO,~] COt LIER CO ~ ¢ILE NUMBER I IN WITNESS WHEREOF, the parties hereto have executed this Consent and Joinder to Mutual Use Agreement on the day and year first above written. . .ATTEST: DWIGHT'S'.: BROCK, Clerk D~puty Clerk Attest as to ChaSraan's stg.ature,o~l~. BOARD OF COUNTY C~ISSlONERS COLLIER ~~_, FLORIDA AS TO OWNER: DATED ~,~.~ _ _ /, Witness (Signature) Name:/6f,,-e ,~._ ,.J./x.J, (Print or Type) v Witness~sg.q na~tu r~e) (Print or Type) CREEKSIDE COMMERCE PARK PROPERTY OWNERS' ASSOCIATION. INC.. a Florida corporation not for profit rden, President STATE OF COUNTY The foregoing C.onsent and Joinder to Mutual U_se Agreement ~/v0a0~3,a~kyn°~'~e~ei~be/~?re~ tr-h~-~0 ,/~0n~:~ehalf of thdeaYc°ofrpora~tiUoi'nT He is ]::)er;onally kno~ m~. nr !'Las produced not take an oath. (Seal) Approved as to form Thomas'Palmer Assistant County Attorney as identification and did SUeAll J. NELSON My Commission Expires: z~-~ .,~.~,~/ LBARRON COLLIER CO ) SKE~H TO ACCOUPANY DESCRIPTION UTiUTY EASEMENTS IN CREEKSIDE COMMERCE PARK I/E:ST UNIT ONE PB 29, PG;S 57 58 SECTION 27, TOINNSHIP 48 SOUTH, RANGE 25 EAST, COLUER COUNTY, FLORIDA .. STRAP No. 253900013A27, CREEKSIDE liar. ST, INC. " DESIGN AND IMPLEMENTATION OF 50-INCH PARALLEL SEWER FORCE MAIN~' , . , CREEKSIDE PARKWAY '~/-ss9'17 o4 E: 13.5~ (TRACT F~) N 01'59'00" W 15.42' POB DESC NW CNR N 44'22'18" W 86.76' ;"~ TRACT "0" CREEKSIDE COMMERCE i PARK WEST : CREEKSIDE COMMERCE UTILITY EASEMENT ~ II I PARK WEST- UNIT ONE n- PB 29, PGS. 57 &: 58 PARCEL: 904 FOLIO: 29331190644 ~1 'o°1 ~11~~^~ ~o. ~ooo~^:~ , II I s.~,~o~ REV. ~' OH^NeE BOUND^R¥ l~_k_[L OF E^SEMENT, '~/2a/00 - [CREEKSIDE COMMERCE PARK WEST UNIT 2 *ACREAGE OF PARENT PARCFEll IS,NET OF UTILITY EASEMENT SHOl/~ ONLy. imml JEFFREY C. COONER AND ASSOCIATES, INC.Jm. 14. 2000 (JARRON COLLIER CO Sk rlcfI TO ACC0 'ANY DESCRIP'HON UTIUTY EASEMENTS CREEXSIDE COMMERCE PARK SECTION 27, TOt~NSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA DESIGN AND IIdPLEMENTA TION OF 30-INCH PARALLEL SEWER FORCE I AIN " ASPH - ASPH.~.T MH - M.~IHOLE BP ' BIKE PA1H MON - MONET BC ' BOX CULVERT PAVT -, PA~:MENT -- C "CHORD PK ' PK NAIL C~ = BEAR~G OF CHORD I:~&W- PK.HAIL dr WASHER CD~ = CHORD BEARING P - PLAT CO - CLEANOUT PG~ - PAGES CONC ,- CONCRETE PK - PARKER KAYtON NAIL CD - CONCRETE I:IRWEWAY PO~ .. POINT OF BEGINNING CM - CONCRETE MONUMENT PRGF - PROF~ONAL CNR - CORNER POC m POINT OF COMMENCEI4ENT CP "CONOI~-IE POST PRM - PERMANENT REFERENCE MARK CW · = CONCRETE WALL PP "" POt~ER POLE Clap "~TED METAL PIPE R '" RADIUS CPP - CORRUGATED PLASTIC PIPE RE - RAIl. ROAD RAIL D . D4q=n OR DELTA ANGLE RRS - RAILROAD SPIKE DO - DIRT OI~EWAY RES - RESERVED DS - DE~P~ ROW - RIGHT--OF-WAY DH - DRILL HOLE RCP - REIN~ CONCRETE PIPE EP m EDGE OF PAVE)~IENT RGE m RANGE F ' FIELD OR UEASURED SMH - SANITARY SEItE~ MANHOLE FDOT - FL. DEPT. OF 1RANSPORT SW - SIDEWALK FP~d. - FLOI~DA PO~R AND UGHT SI m SIGN FND =' FOUND ST - ~ GOVT - GOVERNMENT T - TANGENT GS "" GROUND SHOT TP . TI=I I=PHONE POLE G~ - GUY ~ POLE T~ m TORNSHIP HW ' HEADWN. L TR ' TREE INV - INVERT TYP - TYPICAL IP ' IRON PIPE UG ' UNDERGROUND IParC = IRCH PIPE & CAP IJSH - UG SPRINI~ HEAD IR - IRON ROO UTV - UNDERGROUND T.V. BOX IRC - IRON ROO & CAP W14 - WATER METER KSY - KUNDE, SPRECHER, YASI<IN M:~ -- WATER PIPE L m LENGTH '4F - IMRE FENCE LS - LAND SURVEYOR & - DELTA ANGLE 1. THIS SKETCH IS NOT A SURVEY. NOR IS IT VALID WITHOUT THE ATTACHED DESCRIPTION. 3. MONUMENTS SHOWN WERE LOCATED DURING FIELD SURVEYS EXECUTED BY THIS FIRM FROM 9-30-98 TO 10-14-99 4. INSTRUIdENTS REFERENCED ARE OF COLLIER COUNTY RECORDS. 5. BEARING BASIS IS FOR THE NORTH LJNE OF THE NW/4 OF SECTION 27 TO BEAR S89~4'03'E. 6. THE LOTS, TRACTS AND STREETS SHOWN FOR CREEKSIDE COMMERCE PARK, UNIT TWO ARE FROM DIGITAL C^DD FILES FROM JOHNSON ENGINF~RING, INC. uCrrK :¥ C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING OCT 14. 1999 3900 COLONIAL BOULEVARD. SUITE 2, FORT MYERS, FLORIDA 33912 SHEET 2 OF 3 PHONE.: (:94.1)277-0722 FAX: (94.1)277-7179 EldAll.: SURVEYOR COCii~ER. COM BARRON COLLIER C0 j DESCRIPTION UTILITY EASEMENT -~('-~ £-C~_i.- '~- c} 0 </ TRACT O, CREEKSIDE COMMERCE PARK WEST-UNIT ONE STRAP NO. 253900013A27, CREEKSIDE WEST, INC. A tract or parcel of land for a utility easement lying in Tract O, Creekside Commerce Park West-Unit One, as shown on plat recorded in Plat Book 29, Pages 57 and 58, Collier County Records, Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Beginning at the northwest comer of said Tract O run S 89" 17' 04" E along the south line of Creekside Parkway (Tract R) as shown on said plat for 13.51 feet; Thence run S 44° 22' 18" E for 89.71 feet to an intersection with a line parallel with and 20 feet westerly from (as measured on a perpendicular) the east line of said Tract O being also the west line of an existing County Utility Sidewalk Easement (20 feet wide); thence run S 00° 32' 27" W along said line for 595.95 feet to the south line of said Tract O; thence runN 89° 08' 11" W along said south line for 15.00 feet to a line parallel with and 35 feet westerly from (as measured on a perpendicular) the east line of said Tract O; thence run N 00© 32' 27" E for 582.58 feet; thence run N 44° 22' 18" W for 86.76 feet to the west line of said Tract O being also the west line of said record plat; thence run N 01° 39' 00" W along said west line for 15.42 feet to the Point of Beginning. Containing 10,708 square feet more or less or 0.25 acres more or less. Bearings hereinabove mentioned assumes the north line of the northwest quarter (NW-. 1/4) of Section 27 to be S 89° 04' 03" E. Professional Land Surveyor Florida Certificate No. 4052 (For the Firm: LB 6773) Revision: 4/28/00 Sheet 3 of 3 PROJECT: PARCEL: FOLIO: Immokalee Road - 30" Force Main 9O4 29331190644 AGREEMENT TO CONVEY EASEMENT THIS AGREEMENT TO CONVEY EASEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between CREEKSIDE WEST, INC., a Florida corporation, whose mailing address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida, 34105, (hereinafter referred to as "Owner"), and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail, Naples, Florida 34112; WHEREAS, Purchaser requires, and is willing to condemn, a perpetual, non- exclusive easement for utility installation and maintenance purposes under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: Owner shall convey the Property to Purchaser for the sum of $17,760.00 payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including any and all costs and expenses incurred by Owner in connection with this Agreement, except as otherwise specifically set forth herein, and all of its terms, conditions, provisions and obligations, and for any and all severance damages to Owner's remaining property. Portions of the Property and any lands adjacent to the property that have already have been improved and landscaped, and which are damaged due to the construction and installation of the 30 inch diameter sewer force main (hereinafter referred to as the "Proposed Improvements"), will be restored by the Purchaser to match conditions existing prior to said construction and installation. Purchaser shall furnish Owner with final construction plans and as-built construction plans for the Proposed Improvements (a/k/a PWED Project No. 73943). Purchaser shall circumvent Owner's existing 6-inch lake recharge / irrigation well located within the Property during the installation of the Proposed Improvements. Owner shall plant no trees within the Property, nor within eight (8) feet of the Proposed Improvements. Maintenance of all landscaping shall be the sole responsibility of Owner. Any damage to the property and landscape buffer resulting from the Proposed Improvements construction or maintenance activities, or damages that otherwise Easement Agreement Parcel No. 904 Page 2 would not have occurred if the Proposed Improvements was not in the landscape buffer, will be the responsibility of the Purchaser. 7. Construction of other Purchaser utilities within the utility easement and landscape buffer, other than connections to the Proposed Improvements, will not be allowed by the Owner. This will be a restricted use utility easement. The Owner reserves rights to use the easement for irrigation, landscape and all other uses that do not violate rights otherwise granted by Owner to Purchaser. 8. Access to the Property by Purchaser for the installation and maintenance of the Proposed Improvements shall be from from Creekside Boulevard as defined in the proposed plat of Creekside Commerce Park West, Unit Two. 9. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in the form attached as Exhibit 10. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 11. Purchaser shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. 12. This Agreement, and the terms and provisions hereof, shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of, and be binding upon, the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 13. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 14. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 15. This Agreement is governed and construed in accordance with the laws of the State of Florida. Easement Agreement Parcel No. 904 Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this/?/~_~ day of ~ ~..~,~,., 2000. Date Property acquisition approved by BCC: May 23, 2000 - Resolution No. 2000-165 Agenda Item No. 8B(2) AS TO PURCHASER: ATTEST: DWIGHT E. BROCK, Clerk Attest' as to Chairman's signature on15: , -' ' Deputy Clerk BOARD OF COUNTY COMMISSt COLLIER COUNTY, FLORID/~.-'.'AS EX-' OFFICIO THE GOVERNING I~OARD OF THE COLLIER C~ATER-SEWER DISTRICTS..._. ,'/~ .,// Ti o~f~y J. Co.'~f~tine, ~'hairman AS TO OWNER: DATED: WITNESSES: Witnes~it{0MAS L. TI~AI)~_,LL, Print Name Vitness SANDRA P. THOMAS Print Name (Pdnt Name and Title) Approved as to form and legal sufficiency: Thomas Palmer Assistant County Attorney Reviewed =n~l App~o¥~d by:. Date: / SKL"I'CH TO ACCOMPANY DESCRIPTION UTIUTY EASEMENTS IN CREEKSIDE COMMERCE PARK WEST UNIT ONE PB 29, PGS 57 58 SECTION 27, TO~I~ISHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA , STRAP No. 253900013A2,7, CREEKSIDE Vrc. ST, INC. ' DESIGN AND IMPLEMENTATION OF ,5C-INCH PARALLEL SEWER FORCE MAIN~ CREEKSIDE PARKWAY j/-S89'17'O4-"E 13.51' (:TRACT R) W86.76,~1 POB DESC NW CNR TRACT "0" N 4-4'22'18" CREEKSIDE COMMERCE iPARK WEST ~ ~.~,~- ~ ~.71 1~'-I L i ~x,~. ~o. oo~ u~,~ EXi. iBIT ,'~" ..AS..M..N? < IPB 29, PGS. 57 & 58 UTILITY ~' = PARCEL: 904 FOLIO: 2933 1190644 I~1 =11~ ~^~ ~o. ~ooo~A~ PARENT PARCEL II I ~A,.O~ · o.~ ~ I1' I_1_ !35' I I I I S. LINE LOT 5 REV. 1: CHANGE BOUNDARY 15_~j._ k.~ OF EASEMENT, 4-/28/00 /%o~os~ c,~xs,~ ,o.u.?^,~ (e4' ~) /[ TRACT R N89'OS'11"W 15.00' --~CREEKSIDE COMMERCE PARK WEST UNIT 2 · ACREAGE OF PARENT PARCEL IS NET OF U'RLITY EASEMENT SHOWN ONLY. JEFFREY C. COONER AND ASSO~ATES, INC. J~. 14-, 2000 SURVEYING AND MAPPING SCALE 1"=100' 3900 COLONIAL BOULEVARD, SUITE 2, FORT MYERS, FLORIDA 33912SHEET 1 OF 3 PHONE: (94.1)277-0722 FAX: (94.1)277-7179 EldAll'- SURVEY~OONER.COM TO ACCOMPANY DESCRIFI ON UTIUTY EASEMENTS CREEK~DE COMMERCE PARK SECTION 27, TOWNSHIP 48 SOUTI-I, RANGE 25 EAST, COLUER COUNTY, FLORIDA DESIGN AND IMPLEMENTATION OF 50-1NCI-I PARALLEL SEWER FORCE I~AIN ASPH - ASPHALT MH m MANHOLE BM "" BENCH MARK MB "" METER BOX BP "' BIKE PAtH MON "MONUMENT BG "BRIDGE NW "NAIL & WASHER BOB - BOTTOM OF BANK OH -' OVERHEAD MRE BLD~ - ~U:XNG ~ - OmaAL RECORD Page_ ~ of., BC '" BOX CULVERT PAVT "" PAVEMENT C - CHORD PK - PK NAIL Ca~ m CtJRB & GtJTTER PKad:)-- PK NAIL & DISK CB = BEARING OF CHORD PK&W .. PK_ NAIL & WASHER COB .. CHORD BEARING P ,- PLAT Ct. - CEN*IERtJNE I=B - PLAT BOOK CO - (3.EANOUT PG:S "PAGES ~ - CONCRE1E PK "" PARKER KAYtON NAIL CBS - CONC. BLO(3<: STUCCO PL - PROPERTY UNE CD - CONCRETE DRIVEWAY POB - POINT OF BE:GINNING CM - CONCREIE: MONUMENT PR(3F m PROFESSIONAL ONR - CORNER POC - POINT OF COMMENCEMENT CP - CONCRE1E POST PRM -- PERMANENT REFERENCE MARK CW - CONCRETE WALL PP - POVIER PCX~ CI4P - CORRUGA1ED METAL PIPE R - RADIUS CPP m CORRUPTED PLAS~C PIPE RR - RAILROAD RAIL D ' DEED OR DELTA ANGLE RRS - RAILROAD SPIKE DO "DIRT DRI~"WAY RE~ "" RESERVED DS ,, DE:SCR:IPI~ON ROW -- RIGHT-<3F-WAY EP - EDGE OF PA~I~i4ENT EGE - RANGE F .- FIELD OR MF.~RED SMH m SANITARY ~ MANHOLE FH - RRE HYD~T SP - SEWE:R PIPE FPad. - FLORIDA POWER AND UGHT Sl ,- SIGN FND - FOUND ST - ~ GOVT - GOVERNMENT T -- TANGENT GO - GRAVEL DELVE ~1. - I~:FIC U~HT CONIROL BOX GW - GUY ~ TOB - TOP OF BANK Grip - GUY MRE POLE T~ -- TOWNSHIP HW - HEADWALL ~ - 1REE INV - INVERT TYP - TYP1CAL IP -, IRON PIPE UG - UNDERGROUND IP&C - IRON PIPE & CAP USH - JJG SPRINKLER HEAD IR - IRON RO0 UTV - UNDI~D T.V. BOX IRC - IRON RO0 & CAP ~tM - WATER METER KSY - KUNDE, SPRECHER, YASKIN WP - WATE~ PIPE LS ,- LAND SURg['YOR & - DELTA ANGLE NOTES. + ,- MORE OR LE:S~/APPROXIMATE 1. THIS SKETCH IS NOT A SURVEY. NOR IS IT VALID WITHOUT THE ATTACHED DESCRIPTION. .3. MONUMENTS SHOWN WERE LOCATED DURING FIELD SURVEYS EXECUTED BY THIS FIRM FROM 9-30-98 TO 10-1~-99 4. INSTRUMENTS REFERENCED ARE OF COLLIER COUNTY RECORDS. 5. BEAR~N¢ BAnS ~S FOR THE NORTH UNE OF THE NW/4 OF SEC~ON 27 TO BEAR S89~4'03'E. 6. THE LOTS, TRACTS AND STREETS SHOWN FOR CREEKSIDE COMMERCE PARK, UNIT TWO ARE FROM DIGITAL CADD FILES FROM JOHNSON ENGINEERING, INC. JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING OCT 14, 1999 ,3900 COLONIAL BOULEVARD, SUITE: 2, FORT MYERS, FLORIDA 35912 SHEET 2 OF PHONE: (941)277-0722 FAX: (941)277-7179 EMAII.: SURVEYOR COC~IER.COM DESCRIPTION UTILITY EASEMENT - ~(:4. fzC~v i_ ,k -q 0 <t TRACT O, CREEKSIDE COMMERCE PARK WEST-UNIT ONE STRAP NO. 253900013A27, CREEKSIDE WEST, INC. A tract or parcel of land for a utility easement lying in Tract O, Creekside Commerce Park West-Unit One, as shown on plat recorded in Plat Book 29, Pages 57 and 58, Collier County Records, Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Beginning at the northwest comer of said Tract O run S 89° 17' 04" E along the south line of Creekside Parkway (Tract R) as shown on said plat for 13.51 feet; Thence run S 44° 22' 18" E for 89.71 feet to an intersection with a line parallel with and 20 feet westerly from (as measured on a perpendicular) the east line of said Tract O being also the west line of an existing County Utility Sidewalk Easement (20 feet wide); thence run S 00° 32' 27" W along said line for 595.95 feet to the south line of said Tract O; thence run N 89© 08' 11" W along said south line for 15.00 feet to a line parallel with and 35 feet westerly f~om (as measured on a perpendicular) the east line of said Tract O; thence runN 00© 32' 27" E for 582.58 feet; thence runN 44° 22' 18" W for 86.76 feet to the west line of said Tract O being also the west line of said record plat; thence run N 01° 39' 00" W along said west line for 15.42 feet to the Point of Beginning. Comaining 10,708 square feet more or less or 0.25 acres more or less. Bearings hereinabove memioned assumes the north line of the northwest quarter (NW- 1/4) of Section 27 to be S 89° 04' 03" E. Professional Land Surveyor Florida Certificate No. 4052 (For the Firm: LB 6773) Revision: 4/28/00 Sheet 3 of 3 EXHIBIT "B" PROJECT: PARCEL: FOLIO: Immokalee Road - 30" Force Main 9O4 29331190644 GRANT OF EASEMENT THIS GRANT OF EASEMENT, made and entered into this day of , 2000, by CREEKSIDE WEST, INC., a Florida corporation, whose mailing address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida, 34105, as Grantor to BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this easement and their respective heirs, legal representatives, successors and assigns.) 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 easement, license, and privilege for utility installation and maintenance purposes under, upon and across the following described lands located in Collier County, Florida, (hereinafter referred to as the "Property") to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS PROPERTY IS NOT HOMESTEAD. TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said Property and place, excavate, and/or remove materials for the purpose of constructing, operating and maintaining utility facilities thereon, subject to the following use restrictions. Grantee's use of the Property will be restricted to the below-ground installation of a 30 inch diameter sewer force main (hereinafter referred to as "Proposed Improvements"), and the repair and maintenance thereof from the surface of the Property from time to time. Grantee shall circumvent Grantor's 6 inch lake recharge well located on the Property during the construction and installation of the Proposed Improvements. Grantor permits no other utility facilities to be installed by Grantee. Grantee's acceptance of the Property constitutes agreement to restore and repair to its pre-existing condition, at Grantee's sole expense, any and all damages to landscaping, lighting, signage, and any and all other improvements, which may occur from the installation of the Proposed Improvements, and to restrict all access to the Property for repair and maintenance from Creekside Boulevard as defined in the proposed plat of Creekside Commerce Park West, Unit Two. Routine maintenance thereafter of any and all landscaping, lighting, signage, and any and all other improvements located upon the Property shall be the responsibility of the Grantor. All uses of the Property not in conflict with the installation, operation and maintenance of the Proposed Improvements are reserved to the Grantor, except that the Grantor shall plant no trees on the Property, nor within eight (8) feet of the Proposed Improvements. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute an easement running with the land and shall burden the Property described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: Witness Print Name Witness Print Name CREEKSIDE WEST, INC., a Flodda corporation BY: (Print Name and Title) STATE OF COUNTY OF The foregoing Grant of Easement was acknowledged before me this dayof , 2000, by , on Corporation. He is personally known to me or has produced as identification and did not take an oath. behalf of the (Seal) Notary Public My Commission Expires: SKETCH TO ACCOMPANY DESC~ON UTIUTY EASEMENTS IN CREWSIDE COMMERCE PARK ~ UNIT ONE PB 29, PGS 57 58 j SECTION 27, TO!M~ISHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA , SI'RN:~ No. 2.53900013A27, CREEKSIDE '~..ST, INC. * DESIGN AND IMPLEMENTATION OF SO-INCH PARALLEL SEWER FORCE MAIN[ I , . , CREEKSIDE PARKWAY '_x/--s89'17 04. E 13.51 (TRACT R) N 01'39'00" W 15.4-2' :.~'~'"~'~'".~ /r"- p,,~.¢e/.. N .... "-" ...... ~ .r'" .2',, '1 - CREEKS~DE COMMERCE PARK WEST- UNIT ONE PROJECT: ?3943 I I-- PARCEL: 904 ' ~o~I FOLIO: 29331190644 ' I zI in STRAP No. 253900013A2Y ~ARENT PARCEL I I I REMAINDER ± 0.99 ~Ev. 1: CHANGE BOUNDARY 15~ o~ EASEmENt. 4./~8/00 ~O~OSE~ CREEKS~E ~OU,EVAR~ <64.' N89'OS'11'W 15.00' ~ TRACT CREEKSIDE COMMERCE PARK WEST UNIT 2 · ACREAGE OF PARENT PARCEL IS NET OF UTILITY EASEMENT SHOWN ONLY. JEFFREY C. COONER AND ASSOCIATES, INC. ~AN. 1,. 20oo su~v~,~ ,,o ,~,~N~ SCALE ~"=~00' 3900 COLONIAL BOULEVARD, SUITE 2, FORT MYERS, FLORIDA 33912SHEET 1 OF 3 PHONE: (94.1)277-0722 FAX: (941)277-7179 EMAII_: SURVEY~OONER.COM SKETCH TO ACCOMPANY DESC ON u'riUTY ~ENTS CREEKSlOE COMMERCE PARK SECTION 27, TO. SHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA . DESIGN AND IMPLEMENTATION OF 50-INCH PARALLEL SEWER FORCE I AIN ASPH - ASPHALT UH - MANHOLE BU - BENCH MARK MB - METER BOX BP - BIKE PATH MON -' MONUIdENT BG - BRIDGE NW - NAIL & WASHER EXHIBIT '~/~'f' Bo~ - BOTTOM OF BANK OH - OVERHEAD MRE BC "BOX CULVERT PAVT m PAVEMENT C -CHORD PK - PK NAIL C&G - CURB Jr GUTTER PKJd) - PK NAJL ar DISK C8 - BEARING OF CHORD PK&W- PK_ NAIL & WASHER ~ - CHORD BEARING P - PLAT CL - CI~I~]~UNE P!3 - PLAT BOOK CLF - CHAIN UNK FENCE PCP - PERMANENT CONTROL POINT CO - CtEANOUT PG~ - PAGE~ CONC - CONC~ PK - PARKER KAYION NAIL CBS - CONC. BLOCK STUCCO PL - PROPERTY UNE CD "" ~ DRIVEWAY ~ - POINT OF BEGINNING CM - CONCRETE MONUMENT PROF - PROFE~ONAL CNR '" CORNER POC - POINT OF COMMENCEMENT CP - CONCRETE POST PRM - PERMANENT REFERENCE MARK CW ... CONCRETE WALL PP "' PO%~:R POLE CMP - CORRUGATED METAL PIPE R - RADIUS CPP ,- ~GATED PLAS'I]C PIPE RR - RAILROAD RAIL D - ~ OR DELTA ANGLE RRS - RAILROAD ~:qKE DO - DIRT DRIP'WAY RES "" RE~ DS - DESCRIP~ ROW -' RIGHT-OF-WAY DH - DRILL HOlE RCP - REINFORCED CONCRE"I~ PIPE EP .- EDGE OF PAVEMENT RGE .- RANGE In In/ . ELEVAI~ON RRP - RIP RAP F .,, FIELD O~ MEASU~ SMH -- SANITARY SE!t~:R MANHOLE FC - FENCE CORNER SSP - SERVICE POLE FH - RRE HYDRANT SP - ~ PIPE FDOT - FL. DEPT. OF '1'RANSPORT SW ,- SIDEWALK FP&L - FLOFaDA POt~R AND UGHT SI - SIGN FND -, FOUND ST - ~ GOVT -, GOVERNMErIT T .- TANGENT GO - GRAVI].. DRIVE TL .,. TRAFFIC MGHT CONTROL BOX GS - GROUND SHOT TP - T~ rPHONE POLE: GW - GUY t~IRE TOB - TOP OF' BANK HW "HEADWALL TR - TREE INV "INVERT TYP - TY~CAL IP ' IRON ~PE UQ - UNDERGROUND IP&C ' IRON P~PE & CAP USH ""/J6 SPt~NKLER HEAD IR "' ~ ROD UTV ' UN~O T.V. BOX IRC - IRON ROO & CAP V&t - WATER METER KSY - KUI~ ~PRECItE~ YASKIN WP "" WATER ~ LP - MGHT POLE WDF - WOO0 FENCE LS -- LAND SIJRVE'YOR a -- DELTA ANGtE NOTES. ± - MORE O~ LESS/AF'f~OXZMATE 1. THIS SKETCH IS NOT A SURVEY. NOR IS IT VAUD WITHOUT THE ATTACHED DESCRIPTION. 3. MONUMENTS SHO~/N Wl-'RE LOCATED DURING FIELD SURVEYS EXECUTED BY THIS FIRM FROM 9-30-98 TO 10-14--99 4. INSTRUMENTS REFERENCED ARE OF COLLIER COUNTY RECORDS. 5. BEARING BASIS IS FOR THE NORTH LINE OF THE NW/4 OF SECTION 27 TO BEAR S89'04'05"E. 6. THE LOTS, TRACTS AND STREETS SHOWN FOR CREEKSIDE COMMERCE PARK, UNIT TWO ARE FROM DIGITAL CADO fiLES FROM JOHNSON ENGINEERING, INC. JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING OCT 14, 1999 3900 COLONIAL BOULEVARD. SUITE 2. FORT MYERS, FLORIDA .T~912 SHEET 2 OF .:3 PHONE: (94.1)277-0722 FAX: (94.1)277-7179 EMAIL: SURVEYOR COC~IER. COM EXHIBIT '" - DESCRIPTION UTILITY EASEMENT - O(q. £-C~_ k_ '~- q 0 <t TRACT O, CREEKSIDE COMMERCE PARK WEST-UNIT ONE STRAP NO. 253900013A27, CREEKSIDE WEST, INC. A tract or parcel of land for a utility easement lying in Tract O, Creekside Commerce Park West-Unit One, as shown on plat recorded in Plat Book 29, Pages 57 and 58, Collier County Records, Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Beginning at the northwest comer of said Tract O run S 89° 17' 04" E along the south line of Creekside Parkway (Tract R) as shown on said plat for 13.51 feet; Thence run S 44° 22' 18" E for 89.71 feet to an intersection with a line parallel with and 20 feet westerly from (as measured on a perpendicular) the east line of said Tract O being also the west line of an existing County Utility Sidewalk Easement (20 feet wide); thence run S 00° 32' 27" W along said line for 595.95 feet to the south line of said Tract O; thence run N 89© 08' 11" W along said south line for 15.00 feet to a line parallel with and 35 feet westerly from (as measured on a perpendicular) the east line of said Tract O; thence run N 00© 32' 27" E for 582.58 feet; thence runN 44© 22' 18" W for 86.76 feet to the west line of said Tract O being also the west line of said record plat; thence run N 01° 39' 00" W along said west line for 15.42 feet to the Point of Beginning. Comairting 10,708 square feet more or less or 0.25 acres more or less. Bearings hereinabove mentioned assumes the north line of the northwest quarter ~rw- 1/4) of Section 27 to be S 89© 04' 03" E. s ey C. o er Professional Land Surveyor Florida Certificate No. 4052 (For the Firm: LB 6773) Revision: 4/28/00 Sheet 3 of 3 Memorandum TO: FROM: DATE: RE: Ellie Hoffman Records Technician III Minutes & Records Management Cindy Erb Real Property $pecialistt~11 Real Property Management Department August25,2000 Immokalee Road - 30" Force Main Improvements; Project # 73943; Parcels: 904 Please find attached one (1) original recorded Grant of Easement for the above referenced project. The Board of County Commissioner of Collier County, Florida approved the acquisition by gift or purchase pursuant to Resolution 2000-146, Agenda Item 16 B 21, dated May 23, 2000, and approved the acquisition by condemnation pursuant to Resolution 2000- 165, Agenda Item 8 B 2, dated May 23, 2000, and the Board has authorized its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Off.ice of the County Attorney. Please contact me if you have any questions or comments at 8991. Thank you. attachments as stated cc: Tax Appraiser's Office w/attachment Inventory File w/attachment Office of the Real Property Management Department 1~i$ l~mperty h~s been acquired under threat of cr;~d~.~n~'r. ion and is exempt from docum~,,~t~/ s~mp tax PROJECT: PARCEL: FOLIO: Immokalee Road - 30" Force Main 9O4 29331190644 2678134 OR: 2712 PG: 0643 RiCODID in OfFICIAT, RICORDS of COLLIBR COUNt'Y, o8/18/2ooo at: 09:35AK DUTerr s. BNOClC, c~au CONS 17160.00 RIC FB!24.00 COFIIS 5.00 Re~n: RIAL PROPSI?! 8991 IN?BR OFFICE GRANT OF EASEMENT THI~NT OF EASEMENT, made and entered into this /~)Z~. day of , 2000, by CREEKSIDE WEST, INC., a Florida corporation, who~se m~iling address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida, 34105, as Grantor to 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, 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this easement and their respective heirs, legal representatives, successors and assigns.) 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 easement, license, and privilege for utility installation and maintenance purposes under, upon and across the following described lands located in Collier County, Florida, (hereinafter referred to as the "Property") to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS PROPERTY IS NOT HOMESTEAD. TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said Property and place, excavate, and/or remove materials for the purpose of constructing, operating and maintaining utility facilities thereon, subject to the following use restrictions. Grantee's use of the Property will be restricted to the below-ground installation of a 30 inch diameter sewer force main (hereinafter referred to as "Proposed Improvements"), and the repair and maintenance thereof from the surface of the Property from time to time. Grantee shall circumvent Grantor's 6 inch lake recharge well located on the Property during the construction and installation of the Proposed Improvements. Grantor permits no other utility facilities to be installed by Grantee. Grantee's acceptance of the Property constitutes agreement to restore and repair to its pre-existing condition, at Grantee's sole expense, any and all damages to landscaping, lighting, signage, and any and all other improvements, which may occur from the installation of the Proposed Improvements, and to restrict all access to the Property for repair and maintenance from Creekside Boulevard as defined in the proposed plat of Creekside Commerce Park West, Unit Two. Routine maintenance thereafter of any and all landscaping, lighting, signage, and any and all other improvements located upon the Property shall be the responsibility of the Grantor. All uses of the Property not in conflict with the installation, operation and maintenance of the Proposed Improvements are reserved to the Grantor, except that the Grantor shall plant no trees on the Property, nor within eight (8) feet of the Proposed Improvements. Grantor and Grantee LBARRONCOLLIER CO'~ ~iLE NUMBERJ ., OR: 2712 PG: 0644 are used for singular or plural, as the context requires. The easement granted herein shall constitute an easement running with the land and shall burden the Property described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: Witness THOMAS L. TREADWELL, JR ,~itness ' ' ' -- SANDRA P. TNOMAS Print Name CREEKSID)~ WEST, INC., a Flori~./p~./~ .. BY://J~/~///~ ,4, (Print Name ~nd Title) STATE OF COUNTY OF The for~.,go. ing Grant of Easement was acknowledged before me this dayof ~_)(,'(.U . 2000, by ,/.,'].~,[ ~ .~.,4C~',~.~#t' , on Corporation. He i~ personally known to me or has produced as identification and did not take an oath. (Seal) behalf of the Notary Public i/'/ ' I sus~J.~ My CommissioW Expires: z/'7~/- _,-,}~.O/ tiLIJARRON COLLIER 60 ~ILE NUMBER q Vo ,, SKETCH TO ACCOMP~ DESC~0N UTiUTY EASEMENTS IN CREEKSIDE COMMERCE PARK V~EST UNIT ONE PB 29, laGS 57 58 SECTION 27, TOV, NSHIP 48 SOUTH, RANGE 25 EAST, COLMER COUNTY, FLORIDA STRN:~ No. 253900013A27, CREEKSIDE ~:.ST. INC. ' DESIGN AND IMPLEMENTATION OF 50-INCH PARALLEL SEWER FORCE MAIN[ CREEKSIDE PARKWAY TRACT "0" N 44'22'18" 86.76' ' CREEKSIDE COMMERCE I PARK WEST EXHIBIT?," I o I P^RK WEST- UNIT ONE U?Z~,ZT¥ EASZMEN? ' < I PB 29 PGS. 57 & 58 FOLIO: 29331190644 ' II I REV. 1: CHANGE BOUNDARY 15_~LL OF EASEMENT, 4/28/00 - ~5~OPOSED CREEKSIDE BOULEVARD (64' WIDE) -~t C TRACT "R" N89'OS'll"W 1.5.00' L CREEKSIDE COMI~ERCE PARK WEST UNIT 2 · ACREAGE OF PARENT PARCEL IS NET OF UTILITY EASEMENT SHOWN ONLY. ~FFREY ¢. ¢00NER AND ASSO~ATE$. INC.~. ~, ~ooo SUR~ AND U~P,N~ SCALE ~'=~ 3900 COLONIAl. BOULEVARD, SUITE $ARHON COLLIER FiLE NUMBER SKETCH TO ACCOMP DESCRIPTION UTIUTY EASEMENTS CREEKSlOE COMMERCE PARK SECTION 27, TOIM~ISHIP 48 SOU'I~I, RANGE 25 EAST, COLUER COUNTY, FLORIDA DESIGN AND IMPLEMENTATION OF 30-INCH PARA! !FL SEWER FORCE I AIN A,.~=H - ASPHALT MH -- MANI-1(3LE BM - ~ MARK MB - ~ BOX BP - ~ PA'IH MON - MONUMENT 1~3 - i~IDGE NW -= NAIL & WA.,~-IE~ EXH#~T Bc - BOX CULVERT PAVT - PAVEMENT C - CHORD PK - PK NAIL C&~ - CURB & GUTTEE I=K&D - PK NAIL & DISK C~ ,- BEAI~NG OF CI-IOI~) PK&W .= PI<. NAIL & WASH~ COB - CI-IOI~D BEARING P - PLAT Ct. -- CEN~NE I=~ - PLAT BOOK CLF - CHAIN UNK FE:NCE PCP ,,- PERMANENT CONTROL POINT CO ,,,, a. EANOUT I='G$ ,,- PAGES CONC ~ CONCRETE PK -, PA,qI<:E~ KAYt..ON NAIL CBS - CONC. BLOCI( STUCCO Pt. - PROPERTY UNE CD - CONC~ DRIVEWAY POB - POINT OF BEGINNING CNR == CO~ POC - POINT ~ COMMENC~ENT CP - CONC~ POST i:~ = PERMANENT I~CE MARK CMP - ~GATED METAL PIPE R - RADIUS D - I~ OR BELTA ANGIE RRS - RAILROAD SPIKE DO "DIRT DRIVEWAY RIDS m RE:SErVED DS -, DESCRIPTION ROW - RIGHT--OF-WAY DH m DRILL HOLE ~ -. REINF(~(~D ~ PIPE EP - ED~ OF PAVEMENT RGE - F - FIELD OR ME.A~RED SIaH - SANITARY ~ MANHOLE FIX)T .= FL. I::)!~T. OF 'IRAN~O~T $W - ~DEWALK FPad. - ELOI~DA POl~R AND UGHT $1 - FND - FOUND ST .= ~ GOVT ,= GOVERNMENT T ,= TANGENT GO = GRAVEL DRIVE '11. = '!P, AFFIC U(~'IT CONSOL BOX GS - G~OUND St'lOT TP .= ~ r'PHONE ~ ~ ,- GUAEDI~L TOS ,- TOE OF $LOPE G'W -, GUY MRE 'rob -- TOP OF' BANK ~ ,- GUY MRE POLE 'rM3 = TOWN~IP HW - HEADWALL '1~ - 'IRE:E INV - INVE~T TYP - TYPICAL IP - 11~3N PIPE UQ - UNDE]~31K)UND IP&C - lEON PIPE & CAP USH - UG SPI~INI<LER HEAD IR - IIKW ~ UTV - UN~ND T.V. BOX IRC - IRON ~ & CAP W14 - WATER METER KSY -, KUNDE.~ SPREONE]~ YA..~<3N ~ - WA'I'E~ PIPE LS - LAND ~.IR~-~'YOR & - DELTA ANGLE NOTES. ~ - MOI~: OR 1. THIS SKETCH IS NOT A SURVEY. NOR IS IT VALID WITHOUT THE ATTACHED DESCRIPTION. ,3. MONUMENTS SHOWN WERE LOCATED DURING FIELD SURVEYS EXECUTED BY THIS FIRM FROM 9--,30-98 TO 10-14--99 4. INS'I'~UMENT~ REFERENCED ARE OF COLLIER COUNTY RECORDS. 5. BEARING BASIS IS FOR THE NORTH LINE OF THE NW/4- OF SECTION 27 TO BEAR S89'0~'0.3'E. 6. THE LOTS, TRACTS AND STREETS SHOWN FOR CREEKSIDE COMMERCE PARK, UNIT TWO ARE FROM DIGITAL CADD RLES FROM JOHNSON ENGINEERING, INC. JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND IdAPPING OCT 14, 1999 39oo COLONIAL BOULEV D, 2, FORT MYERS, FLORID^ 33912 SHEET 2 OF' PHONE.: (:g41)277-0722 FAX: (g4.1)277-7179 EMAII.: SURVEYOR CCK:~ER.COM *** OR: 2712 PG: 0647 *** DESCRIPTION UTILITY EASEMENT .- PC& £'-C,':-_i- '~- c) 0 <~ TRACT O, CREEKSIDE COMMERCE PARK WEST-UNIT ONE STRAP NO. 253900013A27, CREEKSIDE WEST, INC. A tract or parcel of land for a utility easement lying in Tract O, Creekside Commerce Park West-Unit One, as shown on plat recorded in Plat Book 29, Pages 57 and 58, Collier County Records, Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Beginning at the northwest comer of said Tract O run S 89° 17' 04" E along the south line of Creekside Parkway (Tract R) as shown on said plat for 13.51 feet; Thence run S 44° 22' 18" E for 89.71 feet to an intersection with a line parallel with and 20 feet westerly from (as measured on a perpendicular) the east line of said Tract O being also the west line of an existing County Utility Sidewalk Easement (20 feet wide); thence run S 00° 32' 27" W along said line for 595.95 feet to the south line of said Tract O; thence run N 89© 08' 11" W along said south line for 15.00 feet to a line parallel with and 35 feet westerly from (as measured on a perpendicular) the east line of said Tract O; thence runN 00© 32' 27" E for 582.58 feet; thence runN 44° 22' 18" W for 86.76 feet to the west line of said Tract O being also the west line of said record plat; thence run N 01° 39' 00" W along said west line for 15.42 feet to the Point of Beginning. Containing 10,708 square feet more or less or 0.25 acres more or less. Bearings hereinabove mentioned assumes the north line of the northwest quarter (NW- 1/4) of Section 27 to be S 89© 04' 03" E. Professional Land Surveyor Florida Certificate No. 4052 (For the Firm: LB 6773) Revision: 4/28/00 Sheet 3 of 3