Parcel 909PROJECT:
PARCEL:
FOLIO:
Immokalee Road - 30" Force Main
909
00167920007 & 00168042201
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-OFFICIO 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:
1. Owner shall convey the Property to Purchaser for the sum of $12,472.00 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.
2. 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 the30 inch diameter sewer force main (hereinafter
referred to as the "Proposed Improvements"), will be restored by Purchaser to
match conditions existing prior to said construction and installation.
3. Purchaser shall furnish Owner with final construction plans and as-built
construction plans for the Proposed Improvements (a/k/a PWED Project No.
73943).
4. Owner shall plant no trees within the Property nor within eight (8) feet of the
Proposed Improvements.
5. Maintenance of all landscaping shall be the sole responsibility of Owner. Any
damage to the property and landscape buffer resulting from Proposed
improvements construction or maintenance activities, or damages that otherwise
would not have occurred if the Proposed Improvements was not in the landscape
buffer, will be the responsibility of the Purchaser.
6. 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
Easement Agreement
Parcel No. 909
Page 2
reserves rights to use the easement for irrigation, landscape and all other uses
that do not violate rights otherwise granted by Owner to Purchaser.
7. Access to the Property by Purchaser for the installation and maintenance of the
Proposed Improvements shall be from Creekside Boulevard as defined in the
proposed plat of Creekside Commerce Park West, Unit Two.
8. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, other than those which may be
held by South Florida Water Management District, the execution of such
instruments which will remove, release or subordinate such encumbrances from
the Property upon their recording in the public records of Collier County, Florida.
Owner shall provide such instruments, properly executed, to Purchaser on or
before the date of Closing. The cost to obtain such instruments shall be
reimbursed to the Owner by the Purchaser.
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 "B".
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. 909
Page 3
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:
DATED: ~<..~.~Z:/¢, ~
ATTEST:
DWIGHT E. BROCK, Clerk
Athst Is to Chatnmn's
signature only.
DepUty Clerk
BOARD Of COUNTY COMMISS'IONERS
COLLIER COUNTY, FLOF~IDA, AS EX-
OFFICIO THE GOVERNING BOARD OF'
THE COLLIER COUNTY WATER-SEWER
DISTRICT~~,.., .-,
T'' 0~-J. C~r~titine,(Gh'~i~:~"a~"~-'
AS TO OWNER:
DATED'
WITNESSES:
Witness
l'JZON'u~ L. 'lr']:~ADArgLL, JR
Print Name
CREEKSIDE, WE~T, INC.,
a Florid~a.~,~/~/~,~
B Y:/'~/z//
(Print Name and Title)
Approved as to form and
legal sufficiency:
Thomas Palmer
Assistant County Attorney
'1 'mr~NTATION OF 50-INCh ~'~r,
I PARAL~L SEWER FORCE MAIN
R--~, oo, uu'
D=I '29'1 5"
PROPOSED LOT 11
PROPOSED CREEKSIDE BLVD.
UTILZTy EASEMENT
PrOject: 73943
Parcel: 909
Folio: 00167920007
C=G0.84' ,. C
Ce=N85'51'39~ ~ (TRACT R) ~.,~
' L-JC. 3,4'
79' R=I 208. O0--f
c=10.48' / q r~el 9~ /
~85 21 57% R~35.00
L=I O, 48' D=37~2'1
0=22.43'
~=N31
STRAP No, L=2Z83'
48252 7078.0003A2 7
CREEKSIDE WEST, INC.
PARENT PARCEL
REMAINDER :::t: 8.74 Ac*
PROPOSED TRACT 03
CREEKSIDE COMMERCE
PARK WEST _ UNIT TWO
PB 29, PGS. 57 &: 58
o
$KE*I IT TO ACCOMPANY DE ON
DESIGN AND IMPLEMENTATION OF 30-INCH PARALLEL SEWER FORCE MAIN
BP - BIN~ PA1H ~ - M~KIMEgT
BO - BOX OJI.~RT PAVE' - PAVEMENT
c - CH(~D I~ - PK NNL
~ - ~H~RD BEN~Ng P - PLAT
) m ~ ~ '" PARKER KAY.ON NAIL
CD - C~3NORLr~ ~Y P(~ - POINT OF BEX~qI~10
D --[~EDOR DELTA ANGLE RI~ --~ ~1~
EP ,-ED~OF PAVEMENT ROE:,-RANOE
F -FindOR ME.ASIJRED ~ -:~I~iT'ARY ~'~R ~
F~OT m FL ~mT, ~' "~N~T ) m ~m~)~'~L~
OOVT" ~ T
GS - GR~JND ~Yr TP - m r~H~NE: P~LZ
~ mgJYIMl~ T~B -,TOP~IrB~NK
INV m IN~ERT TYP .. T~PICAL
IR -. IRON R~D U1V ' ~ND T.V. BO~
L - LENOIH ~ -
L~ m LAND $UI6~'~R A - DELTA ANOLE
1. 'THIS SKETCH IS NOT A SURVEY. NOR IS IT VAUD WITHOUT THE ATTACHED DESCRIPTION.
5. MONUMENTS SHOWN WERE LOCATED DURING F1Fl__n SURVEYS EXECUTED BY THIS RRkl FROM
9-50-98 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, THF.~LOTS, TRACTS AND STREETS SHOWN FOR CREEKSIDE COMMERCE PARK, UNIT TWO ARE
FROM DIGITAL CADD FILES FROM JOHNSON ENGINEERING, INC.
.... ,B=TEEY C. COON AND ASSOCtA'n iNC.
SUR~E'YING ~ MN=tatNO
3000 COLONI~ BOULEVARD, SUITE 2, FORT M'YERS, R.ORIDA ~T~3012
PHONE: (04.1)277-0722 FAX: (04.1)277-7~70 E:I, IAIL.: SURVLry(~I~OCOG~B~CQM
OCT 14, 1999
SHEET 2 OF 2
Ex arrJ
r)sS ON
u-mfrY] AS - qoq
T .ACT 03, WEST- TWO
S L .P NO. 4S2S270 S.0003A27,WESt,
A tract or parcel of land for a utility easement lying in proposed Tract 03, Creekside
Commerce Park West-Unit Two, .Section 27, Township 48 South, Range 25 East, Collier
County, Florida being more particularly described as follows:
Commence at the southerlymost point of curvature for proposed Cr~ide Boulevard
(Tract R) on the west line of Coodie/to-Frank Road (C.R. 851) ~t/d po/nt of curvature
being also on the easterly .line of said Tract 03 tun northwesterly along the curved
northeasterly line of said Tract 03 on an arc of a curve to the le/t ofradius 35.00 feet
(delta 45° 35' 05") (chord 27.12 feet) (chord beating N 27° 40' 31" W) for 27.85 feet to
an intersection with the south line era proposed utility easement (10 feet wide) and the
Point of Beginning.
From said Point of Beginning run S 85° 07' 02" W along the south line of said easement
for 348.78 feet to a point of curvature; thence continue along the south line of said
easement on an arc era curve to the right of radius 1188.00 feet (delta 01° 29' 15")
(chord 30.84 feet) (chord bearing N 85° 51' 39" E) for 30.84 feet; thence run S 49° 52'
58" E for 28.79 feet to an intersection with a line 30 feet southerly from (as measured on
a perpendicular) and parallel with the line common to said proposed Tracts 03 and R;
thence run easterly along said parallel line on an arc era curve to the lef~ of radius
1208.00 feet (delta 0° 29' 50") (chord 10.48 feet) (chord bearing N 85° 21' 57" E) for
10.48 feet to a point oftangency; thence run N 85° 07' 02" E along said parallel line for
358.93 feet to said curved northeasterly line of Tract 03; thence run along said curved
line on an arc of a curve to the lef~ of radius 35.00 feet (delta 37° 22' 17") (chord 22.43
feet) (chord bearing N 31° 46' 54" W) for 22.83 feet to the Point of Beginning.
Containing 7,517 square feet more or less or 0.17 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)
EXHIBIT "B"
PROJECT: Immokalee Road - 30" Force Main
PARCEL: 909
FOLIO: 00167920007 & 00168042201
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-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.)
WlTNESSETH:
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 the
"Proposed Improvements"), and the repair and maintenance thereof from the surface of
the Property from time to time. 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:
CREEKSIDE WEST, INC.,
a Florida corporation
BY:
Witness
Print Name
Witness
Print Name
(Print Name and Title)
STATE OF
COUNTY OF
The foregoing Grant of Easement was acknowledged before me this
day of , 2000, by , on behalf
corporation. He is personally known to me or has produced
as identification and did not take an oath.
of the
(Seal)
Notary Public
My Commission Expires:
~KA"/~H I~ ACCO
D~s~ -,~., .....~~~~ '~~ ~ ~~.
, ~,.u '~~ENTATION nc .._...Li~~'~, ~
~ I ~- au I~CH PARAL~L SEWER FORCE MAIN
PROPOSED LOT 11
UTILITy EASEMENT
: 73943
Parcel: 909
Folio: 00167920007
~ R~ _. N 85"07"02' ![324.28' , ~,~
----1 I I~0. UU ....
D-1'29'1,5'PROPOSED CREEKSIDE BLVD.
C=30.84 ,
49'52'58" r-~ N 85'07 02 E 358.93 /',,~
28. 79'
D=o'2e 50' I ~ ~ POB ~/ /
C=10.48' I q r~[I ~ /
C~22.43'
CB~N31
STRAp No. L-22.83'
48252 70? & 0005A2 7
CREEKSIDE ~ST, INC.
PARENT PARCEL
REMAINDER ~ &74 Ac*
PROPOSED TRACT OJ
CREEKSIDE COMMERCE
PARK WEST - UNIT TWO
PB 2g, PGS. 57 & 58
<
<
o
o
$KE'IUiT TO ACCOMPANY DE~iIPTION
UllUTY ~ CREEKSmE COM~CE PN~K
SECllON 27, TOttNSHIP 48 ~OUTN, RANGE 2~ EAST. ClXIJER C~UNTY, FIZZIDA
DESIGN AND IMPLEMENTATION
A,qPH - ~T
Cat
O
DO ' DIRT I]~1t~'WAY
EP ' EDGE 42F PAWlENT
ELEV - BEVAllON
HW - HEAD~
h'V ," INVERT
IP
L ,, LBiGqH
1. THIS SKETCH
OF 30-INCH PARALLEL SEWER FORCE MAIN
PAVI' - PAI~
PK&'W - PK NAL & WASHE]~
-PLAT
-PAGES
-- F~TOIrBE~9
NOT A SURVEY. NOR IS IT VALID WITHOUT THE ATTACHED DESCRIPTION.
5. MONUMENTS SHOWN WERE LOCATED DURING FIELD SURVEYS EXECUTED BY THIS RRU FROM
9-50-98 TO 10-14-99
4. INSTRUMENTS REFF. R~ ARE OF COLLIER COUNTY RECORD,~
5. BEARING BASIS IS FOR THE NORTH UNE OF THE NW/4 OF SECTION 27 TO BEAR S89'0~/03'F_
8. THE, LOTS, TRACTS AND STREETS SHOWN FOR CREEKSIDE COMMERCE PARK, UNIT TWO ARE
FROM*DIGITAL CADD FLIES FROM JOHNSON ENGINEERING, INC.
........c. CO0.E.'" .O ......'"
ASSOCIATES, INC.OCT ~. ~..8
.3~00 (::X~.ONIAL BOULEVARD, SUITE 2, F(:X~T IdYE]~S, FLORIDA 3.3012
PHONE: (~1)277-0722 FAX: (~1)277-717~ gd~C: SUR~Y~aC~fEX.COM
DESCRIPTION
PROPOSED TRACT 03. CI~_I~-I~_ SIDE COMMERCE PARK WEST-UNIT TWO
STRAP NO. 482527018.0003A27, CP_Rh'~KSIDE WEST, INC.
A tra~ or parcel of land for a uglity easement lying in proposed Tract 03, Creekside
Commerce Park West-Unit Two, .Section 27, Township 48 South, Range 2:5 East, Collier
County, Florida being more particularly dezctibed az follows:
Commence at the southerlymost point of curvature for proposed Cre~irsidz Boulevard
(Traat R) on the west line of G-oodlotte-Frank Road (C.tL 85I) said point ofaurvalure
being also on the easterly .line of said Tract 03 nm northwesterly along the curved
northeasterly line of said Tract 03 on an arc era oarve to the left of radius 35.00 feet
(delta 45° 35' 05") (chord 27.12 feet) (chord bearing N 27° 40' 31" W) for 27.85 feet to
an intersection with the south line era proposed utility easement (10 feet wide) and the
Point of Beginning.
From said Point of Beginning mn S 85° 07' 02" W along the south line of said easement
for 348.78 feet to a point of curvature; thence continue along the south line of said
easement on an arc era curve to the fight of radius 1188.00 feet (delta 01° 29' 15")
(chord 30.84 feet) (chord bearing N 85° 51' 39" E) for 30.84 feet; thence mn S 49° 52'
58" E for 28.79 feet to an intersection with a line 30 feet southerly fi'om (as measured on
a perpendicular) and parallel with the line common to said proposed Tra~ts 03 and R;
thence mn easterly along said parallel line on an arc era curve to the left of radius
I208.00 feet (delta 0° 29' 50") (chord 10.48 feet) (chord bearing N 85° 21' 57' E) for
10.48 feet to a point oftangency; thence run N 85° 07' 02" E along said parallel line for
358.93 feet to said curved northeasterly line of Tract 03; thence run along said curved
line on an arc era curve to the left ofradius 35.00 feet (delta 37° 22' 17') (chord 22.43
feet) (chord bearing N 31° 46' 54" W) for 22.83 feet to the Point of Beginning.
Containing 7,$17 square feet more or less or 0.17 acres more or less.
Bearings heroinabove mentioned assumes the north line of the. nonhweat quarter (NW-
1/4) of Section 27 to be S 89° 04' 03" E.
Pmfeuional Land Surveyor
Flogda Certificate No. 4052
(For the Finn: LB 6773)
TO:
FROM:
DATE:
RE:
Memorandum
Ellie Hoffman
Records Technician III
Minutes & Records Management
Real Property Specialist II
Real Property Management Department
August25,2000
Immokalee Road - 30" Force Main Improvements; Project # 73943;
Parcels: 909
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 Office 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
This property has been acquired under
threat of condemnation and is exempt from
documentary stamp tax
2678136 OR: 2712 ?G: 0653
RSCOIDED in OFFICIAL RBCOIDS o[ COLLIER COUNTY, FL
08/18/2000 at 09:35A!( DWIGH~ 3. BROCK, CLERK
getn:
EI? 89gI
IN?ER OFFICE
CONS 12472.00
REC FIB 21.00
COPIlS 5.00
PROJECT: Immokalee Road - 30" Force Main
PARCEL: 909
FOLIO: 00167920007 & 00168042201 THIS' CONV EYANCE"~"CCEPTEO"'"~"T!IE~.
BOARD OF COUNTY COMMISSiONERSt
CO~.t, ZER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
GRANT OF EASEM~Fq'~ESOLUTION NO. ~I~o-
THIS_GRANT OF EASEMENT, made and entered into thFilso~lL~day of
, 2000, by CREEKSIDE WEST, INC., a corporation,
who ng 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.)
WlTNESSETH:
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 the
"Proposed Improvements"), and the repair and maintenance thereof from the surface of
the Property from time to time. 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
LBAfiRON COLLIER CO~l
61LE NUMBER m
OR: 2712 PG: 0654
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
THOM/~ L TREADWELL,
Print Name
CREEKSIDE WE~T, INC.,
.//
(Print Name and Title)
STATE OF ~'D,~'~ 5/%
COUNTY OF (~oi I i'fY'"
The f_oregoing Grant of Easem~t was acknowledged before me this /u~ ~
dayof ~'-~ti~/ , 2000, by ~! iI-I']~L~r-i;'t¢.[{~', on behalf of
corporation. H~'sl~_~rsonally known to me'or has p~oduced
as identification and did not take an oath.
(Seal)
the
Notary Public (j/ $g~l~l j. NE~
My Commission Expires:
Approved a.~ W form &~egal su.¢_ f~'<',ie~e,':;'
Allisrant County Attorney
LBARRON COLLIER CO ~l
FILE NUMBER J
OR: 2712 PG: 0655
s~ TO ACCOMP
_.~~ ~ ~--- _ ~ D~C~o~
IMPLEMENTATION OF 30-INCH ~ ~ ~
PARAL~L SEWER FORCE
UTILITy EASEMENT
PROPOSED LOT 11
I
o I 29 15PROPOSED CREEKSIDE BLVD.
c '
--.~0 84- ,.
CB==N85'~31'3g"F_ ,(TRACT R)
.I ?,", ~a' r ~,,~=--"~ ~ru:3~--.4~ ~ '/~1~ ~,,
4-9 5 ',~-" ~-N 85'07 02 E 358.93'
2a. 7~.R=~ .2o~;o9;'~
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STRAP No.
4-8252 7018. OOOJA2 7
CREEKSIDE WEST, INC.
PARENT PARCEL
REMAINDER j: 8.74 Ac*
PROPOSED TRACT 05
Project: 73943
ParceL: 909
Folio: 00167920007
CREEKSIDE COMMERCE
PARK WEST - UNiT TWO
PB 29, PGS. 57 & 58
DESIGN AND IMPLEMENTATION
U11UTY ~ CI~19CgDE COMYERC~ PARK
OF 50-iNCH PARALLEL SEWER FORCE MAIN
1. THIS SKETCH IS NOT A SURVEY. NOR IS IT VALID WITHOUT THE ATTACHED DESCRIPTION.
3. MONUMENTS SHOWN WERE LOCATED DURING FIFLD SURVEYS EXECUTED BY THIS RRM FROM
9-30-98 TO 10-14.-99
4..INSTRUMENTS REFERENCED ARE OF COLLIER COUNTY RECORDS.
5. BEARING BASIS IS FOR THE NORTH UNE OF THE NW/4 OF SECTION 27 TO BEAR SB9'O4.'O3'E.
§. THF.,~ LOTS, TRACTS AND STREETS SHOWN FOR CREEKSIDE COMMERCE PARK, UNIT TWO ARE
FROM DIGITAL CADD FILES FROM JOHNSON ENGINEERING, INC.
,E:FI EY O. COONER AND ASSOClA11 INC.
SURVEYING AND MAPPING
3900 COLONIAL BOULEVARD, SUITE 2, FORT MYER~ FLORIDA 313912
PHONE: (941)277-0722 FAX; (941)277-7179 EldAlL:
OCT 14. 1999
SHEET 2 OF 2
*** OR: 2712 PG: 0657 ***
DI~SCR1FFION
PRO S D 71 ACT O3, c sn E co nv .Itc - PA X W ST- TWO
STRAP NO. 482527018.0003A27, CREEKSIDE WEST, iNC.
A tract or parcel oflnnd for a utility easement lying in proposed Tract 03, Creekside
Commerce Park West-Unit Two, .Section 27, Township 48 South, Range 25 East, Collier
County, Florida being more particularly described as follows:
Commence at the southerlymost point of curvature for proposed Creekside Boulevard
(Tract R) on the west line of Goodlette-Frank Road (C.R. 851) said point of curvature
being also on the easterly .line of said Tract 03 mn northwesterly along the curved
northeasterly line of said Tra6-t 03 on an arc of a curve to the left ofradius 35.00 feet
(delta 45° 35' 05") (chord 27.12 feet) (chord bearing N 27° 40' 31" W) for 27.85 feet to
an intersection with the south line of a proposed utility easement (10 feet wide) and the
Point of Beginning.
From said Point of Beginning run S 85° 07' 02" W along the south line of said easement
for 348.78 feet to a point ofcttrvature; thence continue along the south line of said
easement on an arc of a eta're to the right of radius 1188.00 feet (delta 01° 29' 15")
(chord 30.84 feet) (chord bearing N 85° 51' 39" E) for 30.84 feet; thence run S 49' 52'
58" E for 28.79 feet to an intersection with a line 30 feet southerly from (as measured on
a perpendicular) and parallel with the line common to said proposed Tracts 03 and R;
thence mn easterly along said parallel line on an arc of a curve to the lei~ of radius
I208.00 feet (delta 0° 29' 50") (chord 10.48 feet) (chord bearing N 85° 21' 57" E) for
10.48 feet to a point oftan~ency; thence run N 85° 07' 02" E along said parallel line for
358.93 feet to said curved northeasterly line of Tract 03; thence run along said curved
line on an arc of a curve to the leR of radius 35.00 feet (delta 37° 22' IT') (chord 22.43
feet) (chord bearing N 31° 46' 54" V!0 for 22.83 feet to the Point of Beginn/ng.
Containing 7,517 square feet more or less or 0.17 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)