Blue Sheet No. 20070314-UTL Lee County Board Of County Commissioners Agenda Item Summary

1. ACTION REQUESTED/PURPOSE: Developer Contributed Asset: Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of a two 10” diameter fire lines, two 6” diameter master meter assemblies and one 4” diameter force main connection, to provide potable water service, fire protection and sewer service to Eagles Preserve at Shell Point, a multi-family residential life care facility. This is a Developer contributed asset located along the west side of Davis Road approximately 3/4 mile north of McGregor Blvd. 2. FUNDING SOURCE: No funds required. 3. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual. 4. MANAGEMENT RECOMMENDATION: Approval.

Administrative Public Works Admin. Code

- Public

10. Background: The Board granted permission to construct on 08-16-05, Blue Sheet #20051087. The installation has been inspected for conformance to the Lee County Utilities Operations Manual. Satisfactory pressure and bacteriological testing has been completed. Satisfactory pressure testing of the force main has been completed. Record drawings have been received. Engineer’s Certification of Completion has been provided-copy attached. Project Location Map-copy attached. Warranty has been provided-copy attached. Waiver of Lien has been provided-copy attached. Certification of Contributed Assets has been provided-copy attached. 100% of the connection fees have been paid. Funds are available for recording fees in: Account No. OD5360748700.504930

(Util-Uti1 Eng-Dep Clerk Fees for Recording & Filing)

/I SECTION 02 TOWNSHIP 46s RANGE 23E DISTRICT # 1 COMMISSIONER JANES 11. Review for Schedulin Department

Director Res. Contracts

Deferred

RECEIVED BY COUNTY ADMIN:

20 oq

J

S:\ENGR\W P\BLUE SHEETS-ENG\EAGLES PRESERVE AT SHELL POINT - 2-10” FL 2-6” MM 1 FM C O W - FA - MMM - 20070314.DOC

RESOLUTION NO.

RESOLUTION ESTABLISHING UTILITY ACCEPTANCE OF DEMLOPER CONTRIBUTED ASSETS

I N LEE COUNTY, FLORIDA.

WHEREAS, i t i s the desi re o f “Christian and Missionary Alliance Foundation, Inc.” owner o f record, t o make a contr ibut ion t o Lee County U t i l i t i e s o f water f a c i l i t i e s (3 sin l e water services), and sewer f a c i l i t i e s (a single sewer service), servi ng $agles Preserve at Shell Point”; and,

WHEREAS, Lee County U t i l i t i e s requires proof o f a Release o f Lien, a Warranty (one-year) on a l l labor and materials, an accurate value o f contr ibuted assets, and right-of-way and/or easement-i ndemni t y granted f o r a1 1 systems being contributed t o Lee County U t i l i t i e s ; and,

WHEREAS, a l l o f the above information has been received and approved as complete by Lee County U t i l i t i e s ; and,

WHEREAS, Lee County U t i l i t i e s has recommended t o the Board o f County Commissioners tha t the above-named system be accepted f o r ownership, operati on, and mai ntenance .

NOW, THEREFORE, BE I T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA, tha t the above f a c i l i t i e s , f o r a contributed value o f $44,924.50 hereby ACCEPTED and acknowledged as an addi t ion t o Lee County U t i 1 i ti es -

THE FOREGOING RESOLUTION was of fered by Commissioner who moved f o r i t s adoption. The motion was seconded by Commissioner

and, upon being put t o a vote, the vote was as fol lows:

Commissioner Bob lanes:

Commi ss i one r B r i an B i gel ow : (21

Commissioner Ray Judah: - (3)

Commi ss i oner Tammara Hal 1 : (4)

Commissioner Frank Mann: ( 5 )

DULY PASSED AND ADOPTED t h i s day o f , 2007.

ATTEST: CHARLIE GREEN, CLERK

By: DEPUTY CLERK

BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA

By: CHAIR

APPROVED AS TO FORM

OFFICE OF COUNTY ATTORNEY BS 20070314-UTL

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I

=-=4

LETTER OF COMPLETION

DATE: January 16,2007

Department of Lee County Utilities Division of Engineering Post Office Box 398 Fort Myers, FL 33902

Gentlemen:

This is to certify that the fire line up to and including 1st OS + Y valve(s) and force main extensiodconnection located in Eagles Preserve at Shell Point. DOS2004-00283 (Name of Development/Project)

was designed by me and has been constructed in conformance with:

the approved plans and the approved specifications

Upon completion of the work, we observed the following successful tests of the facilities:

Bacteriological Test and Pressure Test(s) - Water Main, Pressure Test(s) - Water Main, Pressure Test(s) - Force Main, Low Pressure Test(s) - Gravity Main and Lift Station Start-up

Very truly yours,

Johnson Engineering, Inc. r

Steven K. Morrison P.E. (Title) Firm)

L\20040000\20044584 - RDG Schutte Wilscam Birge - Shell Pointe (Civil Permitting)\LcU Tumover\l-3-06 sewer and waterbtter of Completion - form.doc

11.2

W A R R A N T Y

THE UNDERSIGNED parties do hereby warrant and/or guaranty all work executed by the

contractor on the water and sewer systems of Eagles Preserve at Shell Point to be free from defects

in material and workmanship for a period of one (1) year from the date of acceptance by the Lee

County Board of County Commissioners. The undersigned parties further agree that they will, at

their own expense, repair and replace all such defective work and all other work damaged by said

defective work under this Warranty-Guaranty

It is furthermore understood that the consideration for the giving of this warranty and/or

guaranty is the requirement by the General Conditions and Specifications under which the contract

was let that such warranty and/or guaranty would be given.

MAJ Contracting, Inc. (Contractor/Company Name) ,

STATE OF FL 1 ) ss:

COUNTYOF LEE )

The foregoing instrument was signed and acknowledged before me this 16 th day of January. 20 - 07 by Mark Justice who is personally known to me - , and who did not take an oath.

Anthony Stefanacci Printed Name of Notary Public

NOTARY PUBLIGSTA’E OF FLORIDA Anthony Stefanacci Commission #DD373721 Expires: NOU 21, 2008

BondedThru Atlantic Bonding Co., Inc.

(Notary Seal & Commission Number)

s o , , , , , , , , r I , , , ” , ” , (Forms - Warranty - Revised 04/2003)

Warranty - Form

WAIVER AND RELEASE OF LIE UPON FINAL PAYMENT

The undersigned lienor, in consideration of the final payment in the amount of

Forty-four Thousand Nine Hundred Twenty-four Dollars and Fiftv cents($44.924.50

waivers and releases its lien and right to claim a lien for labor, services, or materials furnished to The Christian and issionaw Alliance Foundation, Inc. on the job of Eagles Preserve at Shell Point to the

following described property:

) hereby

Eagles Preserve at Shell Point

(Name of DevelopmentIProject)

On Par Boulevard and Davis Road, Ft Myers, FL (Location)

Water lor Sewer Service(s) , Fire Line up to and including 1st OS and Y valve and Force Main ExtensiodConnection (Facilities Constructed)

02-46-23-00-00002.0000 (Strap # or Section, Township & Range)

MAJ Contracting, Inc. (Name of Firm or Corporation)

By: Mark Justice 2602 Dora St. (Address of Firm or Corporation) (Print Name of Authorized Representative)

Title: President Ft Myers, FL 33901- (City, State & Zip Of Firm Or Corporation)

Phone #: (239)332-7989 Ext. Fax#: (239)332-7475

STATEOF FL 1 ) ss:

COUNTYOF LEE )

The foregoing instrument was signed and acknowledged before me this 16 th day of -JanuaryL20fl by Mark Justice who is personally known to me - , and who did not take an oath.

NOTARY P U B L I W T E OF FLORIDA

Commission #DD373721 Expires: NOY 21, 2008

h t h o ~ y Stefanacci

Bonded Thru Atlantic Bonding Co., Inc.

(Notary Seal & Commission Number)

) (Notary Pub ' Signa Anthony Stefanacci (Printed Name of Notary Public)

11.5

ITEM CL-50 DIP WATER MAIN CL-50 DIP WATER MAJN CL-50 DIP WATER MAJN TAPPING SLEEVE WNALVE WATER MAIN GATE VALVE WATER MAIN GATE VALVE WATER MAIN RRE LINE UP TO AND MCL 1 ST OS + Y VALVE WATER MAIN

CERTIFICATION OF CONTJUEIUTORY ASSETS

SIZE OUANTITY UNIT UNIT COST TOTAL 12" 8.4 LF $50.00 $420.00

IO" x 12" 1 .o EA $5,500.00 $5,500.00

IO" 2.0 EA $7,500.00 $15,000.00

Io" 90.0 LF $45.00 $4,050.00 6" 36.9 LF $25.00 $92250

IO" 2.0 EA $1,600.00 $3,200.00 6" 2.0 EA $800.00 $1,600.00

PROJECT NAME: Eagles Preserve at Shell Point

STRAP NUMBER: 02-46-23-00-00002.0000

LOCATION: On Par Boulevard and Davis Road, Fort Myers

OWNER'S NAME: (as shown on Deed)

OWNERS ADDRESS:

The Christian and Missionary Alliance Foundation, Inc.

I5000 Shell Point Boulevard

OWNER'S ADDRESS: Fort Myers,FL 33908-

OWNER'S PHONE: (2391-466- 1 13 1

TYPE UTILITY SYSTEM: POTABLE WATER (Please provide separate 'Certifications' for potable water, sanitary sewer and effluent reuse facilities.)

DESCRJPTION AND COST OF MATERIAL,. LABOR AND SERVICES Please list each element of the system from the dropdown fist provided.

I I I 1 I SMGLE WATER SERVICE/COMPLETE WATER h4.A.W I 6" 2.0 I EA I $5,000.00 I $ IO,Oo0.00

I I I I I

I I I I I TOTAL $40,69250

(If more space is required, use additional forms(s).

$LEE COUNTY ' i U I ' I I I 1 1 1 . . , , O S " , " ,

Contractor's Certification of Contributory Assets - Form (June2004)

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11.5

I do hereby certify that the quantities of material and services described above are a true and accurate representation of the as-installed cost of the system being contributed to Lee County and corresponds with the record drawings.

Mark Justice (Name & Title of Certifying Agent)

MAJ Contracting. Inc. (Name of Firm or Corporation)

2602 Dora St. (Address of Firm or Corporation)

Ft Mvers. FL 33901 -

STATEOF FL ) ) ss:

COUNTYOF LEE )

The foregoing instrument was signed and acknowledged before me this 16 th day of January, 2007 by Mark Justice who is personally known to me - , and who did not take an oath.

Anthony Stefanacci Printed Name of Notary Public

Notary Commission Number

NOTARY PUBLICSTATE OF FLORIDA

Commission #DD373721 Expires: NOU 21, 2008

Anthony S tefanacci

Banded Thru Atlantic Bonding Co., Inc.

(NOTARY SEAL)

Contractor's Certification of Contributory Assets - Form (June2004)

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11.5

ITEM PVC C-900 DR-14 FORCE MAIN TAPPING SLEEVE WNALVE FORCE MAIN PLUG VALVE FORCE MAIN

CERTlFICATION OF CONTRIBUTORY ASSETS

SIZE OUANTITY UNIT UNIT COST TOTAL 4" 78.0 LF $14.00 $1,092.00

4" 1 .o EA $1,000.00 $I ,Ooo.Oo 4" 1 .o EA $2,140.00 $2,140.00

PROJECT NAME: Eagles Preserve at Shell Point

TOTAL

- STRAP NUMBER: 02-46-23-00-00002.0000

~ ~~ -

$4232.00

LOCATION : On Par Boulevard and Davis Road, Fort Myers

OWNER'S NAME: (as shown on Deed) The Christian and Missionary Alliance Foundation, Inc.

OWNERS ADDRESS: 15000 Shell Point Boulevard

OWNER'S ADDRESS: Fort Myers,FL 33908-

OWNERS PHONE: (239)-466-113 1

TYPE UTILITY SYSTEM: SANITARY SEWER (Please provide separate 'Certifications' for potable water, sanitary sewer and effluent reuse facilities.)

DESCRIPTION AND COST OF MATEFUAL. LABOR, AND SERVICES Please list each element of the system fiom the drop-down list provided.

I I I I I 1 -

I

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11.5

I do hereby certify that the quantities of material and services described above are a true and accurate representation of the as-installed cost of the system being contributed to Lee County and corresponds with the record drawings.

Mark Justice (Name & Title of Certifying Agent)

MAJ Contracting. Inc. (Name of Firm or Corporation)

2602 Dora St. (Address of Firm or Corporation)

Ft Myers. FL 33901 -

STATEOF FL 1 ) ss:

COUNTYOF LEE )

The foregoing instrument was signed and acknowledged before me this 16 th day of January, 2007 by Mark Justice who is personally known to me - , and who did not take an oath.

Notary Public gnature Y 3 Anthony Stefanacci Printed Name of Notary Public

b 3 7 3 721 Notary Commission Number

S L E E COUNTY Contractor's Certification of Contributory Assets - Form (June2004) \, , l l \ l , \ , I I , , H l " l

NOTARY PUBLICSTATE OF FLORIDA

Commission #DD373721 Expires: NO\ 21, 2008

Anthony Stefanacci

Bonded Thru Atlantic Bonding Co., Inc.

(NOTARY SEAL)

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1. Parcel Identitication Number (If Parcel ID not available please call County Property Appraiser’s Office) -+

FLORIDA DEPARTMENT OF REVENUE RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY

(PLEASE READ INSTRUCTIONS BEFORE COMPLETING)

FwRIM403oo DR-219

R. 07/98

Transaction is a split or cutout from another parcel? --+

Property was improved with building(s) at time 0 of sale/transfer? --+

BS 20070314 CHRISTIAN AND MISSIONARY ALLIANCE FOUNDATION INC 0 2. Mark (X) all Multi-parcel

3. Grantor (Seller):

that apply transaction? --+

EASEMENT : Last First MI Corporate Name (if applicable)

Mailing Address City State Zip Code Phone No. THOM OSTERHOUT AS AGENT: FOR LEE CO. BD. OF CO. COMMISSIONERS Last First MI Corporate Name (if applicable)

Mailing Address City S tab Zip Code Phone No.

15000 SHELL POINT BLVD FORT MYERS FL 33908 ( )

4. Grantee (Buyer):

P. 0. BOX 398 FT. MYERS FL 33902 ( 2394798181

5. Date of SalelTransfer Sale/Transfer Price

(Round to the nearest dollar.) _ _ -

DIM I HH I rmMri $nnr\rnqnjlnn . DID~ ~ ~ ~ ~ ~ I n i ~ e e Month Day Year

6. Type of Document Contract/Agreement Other 7. Are any mortgages on the poperty? 16 “Yes”, YES u / H N O n nJ? n n . 0 forDeed outstanding mortgage balance: 0 ;:;claim (Round to the nearest dollar.) $ rl n 0 ;:aynty

8. To the best of your knowledge, were there unusual circumstances or conditions to the saleltransfer such as: Forced sale by court order? Foreclosure pending? Distress Sale? Title defects? Corrective Deed? Mineral rights? Sale of a partial or undivided interest? Related to seller by blood or marriage. YES 0 / B N O

9. Was the salehransfer financed? YES 0 / @ NO If “Yes”, please indicate type or types of financing: Conventional Seller Provided 0 Contract for Deed 0 Other Agreement or

Institutionall 10. Property Type: Residential Commercial Industrial Agricultural Miscellaneous Government Vacant Acreage Timeshare

0 n o 0 n t l H c 1 0 Mark (x) all that apply Y E S ~ NO $nnri/inn,nnn .$h

$uonaoo,mn - HQ 11. To the best of your knowledge, was personal property

included in the salekransfer? If “Yes“, please state the amount attributable to the personal property. (Round to the nearest dollar.)

12. Amount of Documentary Stamp Tax

13. If is due in number 12, is deed exempt from Documentary Stamp Tax under s. 201.02(6), Florida Statutes? YES 0 / U N O Under penalties of perjury, I declare that I have read the foregplng remn a& that the facts stated in it are true. If prepared by someone other

Date ?]14/07 than the taxpayer, hislher

Signature of Grantor or G

WARNING. FAILURE TO FILE THIS RETURN OR ALTERNATIVE FORM APP OTHER PENALTY IMPOSED BY THE REVENUE LAW OF FLORIDA.

RESULT IN A PENALTY OF $25.00 IN ADDITION TO ANY L

To be completed by the Clerk of the Circuit Court’s Office I Clerks Date Stamp This copy to Property Appraiser

This copy to Property Appraiser

FDORI 0240300

R 07/98 DR-219

I

FLORIDA DEPARTMENT OF REVENUE RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY

(PLEASE READ INSTRUCTIONS BEFORE COMPLETING) Enter numbers as shown below If typing, enter numbers as shown below

To be completed by the Clerk of the Circuit Court's Office

1. Parcel Identification Number 0 1 2 3 4 5 6 7 8 9 0123456789 I (If Parcel ID not available

please call County Property 02462300000020000 Appraiser's Office) -+

Transaction is a split

-+ Property was improved with building(s) at time of saktltransfer? -b

2. Mark (X) all Multi-parcel or cutout from

3. Grantor (Seller):

that apply transaction? -b another parcel? EASEMENT : BS 20070314 CHRISTIAN AND MISSIONAXY ALLIANCE FOUNDATION INC

Last First MI Corporate Name (if applicable)

Mailing Address City State Zip Cock Phone No. THOM OSTERHOUT AS AGENT: FOR LEE CO. BD. OF CO. COMMISSIONERS Last First MI Corporate Name (if applicable)

Mailing Address City State Zip Cock Phone No.

15000 SHELL POINT BLVD FORT MYERS FL 33908 )

4. Grantee (Buyer):

P. 0. BOX 398 FT. MYERS FL 33902 2334798181

5. Date of Sale/Transfer Sale/Transfer Price Property 46 CountyCode . 0 0 Located In ~ $ i 03 2007 $ $10

Month Day Year (Round to the nearest dollar.)

Clerks Date Stamp

6. Type of Document ContracWreement ' Other for Deed outstanding mortgage balance: Quit Claim Deed

7. Are any mortgages on the property? If "Yes",

(Round to the nearest dollar.) $ Warranty Deed

YES ' NO . o o

Pagea/tmber n n n n File E h 3 r ooonooooo ooun

Date Recorded nn/no/onnn Month Day Year

This copy to Department of Revenue

TO: RECORDERS OFFICE

PLEASE PUT MY NAME ON THE ATTENTION LINE:

CHARGE TO: LEE COUNTY UTILITIES - LCU 500283

ACCOUNT NO. OD5360748700.504930

THANK YOU.

FOR UTILITIES USE ONLY:

BLUE SHEET NO. 20070314-UTL

PROJECT NAME: EAGLESPRESERVEATSHELL POINT

EASEMENT NAME: CHRISTIAN AND MISSIONARY ALLIANCE FOUNDATION, INC.

TYPING BY: Jeanette C

S:\ENGR\W P\BLUE SHEETS-ENG\O-ATTENTION RECORDERS OFFICE SHEET FOR ALL RECORDED DOCS-CRUZ TYPED.DOC

This Instrument Prepared By: Lee County Utilities 1500 Monroe Street - 3‘‘ Floor Fort Myers, Florida 33901

Strap Number(s):

02-46-23-00-00002.0000

LCU 500283

I (THIS SPACE RESERVED FOR RECORDING)

GRANT OF PERPETUAL PUBLIC UTILITY EASEMENT

THIS INDENTURE is made and entered into this day of 2007, by and between “CHRISTIAN AND MISSIONARY ALLIANCE FOUNDATION, INC.,” Owner, hereinafter referred to as GRANTOR(S), and “LEE COUNTY”, a political subdivision of the State of Florida, hereinafter referred to as GRANTEE.

WITNESSETH:

1. For and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged and accepted, GRANTOR hereby grants, bargains, sells and transfers to the GRANTEE, its successors and assigns, a perpetual public utility easement situated in Lee County, Florida, located and described as set forth in Exhibit “A, attached hereto and made a part hereof.

2. GRANTEE, its successors, appointees and assigns, are granted the right, privilege, and authority to construct, replace, renew, extend and maintain a wastewater collection and/or water distribution system, together with, but not limited to, all necessary service connections, manholes, valves, fire hydrants, lift stations and appurtenances, to be located on, under, across and through the easement which is located on the property described (Exhibit “A’), with the additional right, privilege and authority to remove, replace, repair and enlarge said system, and to trim and remove roots, trees, shrubs, bushes and plants, and remove fences or other improvements which may affect the operation of lines, mains and/or utility facilities.

BS 20070314 - UTL

%LEE , < > b r , , , ” , , , COUNTY II,Il

3. The public utility easement will not be limited to any particular diameter size or type and/or number of connections to other waterlsewer mains for providing waterhewer service to this and any adjacent properties. The total area of this public utility easement is reserved for utility lines, mains, or appurtenant facilities and for any landscaping (excluding trees), walkways, roadways, drainage ways, or similar uses. Houses, fences, buildings, carports, garages, storage sheds, overhangs, or any other structures or portions of structures may not be constructed on or placed within this easement at anytime, present or future, by GRANTOR, or its heirs, successors or assigns.

4. Title to all utilities constructed and/or placed hereunder by GRANTEE or its agents will remain in the GRANTEE, GRANTEE’S successors, appointees, and/or assigns.

5. Subject to any pre-existing easements for public highways or roads, railroads, laterals, ditches, pipelines and electrical transmission or distribution lines and telephone and cable television lines covering the land herein described, GRANTOR(S) covenant that they are lawfully seized and possessed of the described real property (Exhibit “A”), have good and lawful right and power to sell and convey it, and that the said property is free from any and all liens and encumbrances, except as herein stated, and accordingly, GRANTOR(S) will forever defend the right, title and terms of this said easement and the quiet possession thereof by GRANTEE against all claims and demands of all other entities.

6. GRANTOR(S), its heirs, successors or assigns, agrees to assume all liability for any consequential damages to any houses, fences, buildings, carports, garages, storage sheds, overhangs, or any other structures or portions of structures subsequently constructed by GRANTOR(S) in violation of paragraph 3. within the above easement, which result from the required activities of the GRANTEE for any construction, maintenance or repairs to the utilities located within the above-described easement.

7. GRANTEE will be liable for money damages in tort for any injury to or loss of property, personal injury, or death caused by the negligent or wrongful act(s) or omission(s) of any official or employee of the GRANTEE while acting within the scope of the official’s or employee’s office or employment under circumstances in which a private person would be found to be liable in accordance with the general laws of the State of Florida, and subject to the limitations as set out in Section 768.28, Florida Statutes, as it may be revised, amended or renumbered from time to time.

8. GRANTEE will have reasonable right of access across GRANTOR’S property for the purposes of reaching the described easement (Exhibit “A) on either paved or unpaved surfaces. Any damage to GRANTOR’S property or permitted improvements thereon as the result of such access to the described easement or the construction, maintenance, or repairs located within the described easement shall be restored by GRANTEE, to the condition in which it existed prior to the damage, as is reasonably practicable.

(Page 2 of 4) S L E E COUNTY s O U T i i w r 9 T F L O R I IDA Perpetual p u b l i c u t i l i t y Easement Grant - County Attorney Approved f o r use 02-27-04.doc

9. By acceptance of this easement, the GRANTEE assumes no responsibility for ownership or maintenance of any associated roads. The easement is strictly for utility purposes.

I O . This easement will be binding upon the parties hereto, their successors in interest and any assigns.

IN WITNESS WHEREOF, the GRANTOR has caused this document to be signed on the date and year first above written. n

[Type or Print Name]

STATE OF FLORIDA

COUNTYOF L-e4 The foregoing instrument was signed and acknowledged before me this day of

w & r y # m , by@& D'i' who produced the following as identification or is personally know to me,

and who did/did not take an oath.

[stamp or seal]

CAROL A. YOUNG MY COMMISSION # DD 297279

EXPIRES: May 19,2006

OCJ2x- c Cd [Typed or Printed Nake]

Approved and accepted for and on behalf of Lee County, Florida, this - day of

200

3 L E E 1 0 1 1 I II u COUNTY 5 I b I O H , I) , (Page 3 of 4) EMS Grant o f Perpetual P u b l i c U t i l i t y Easement 8-9-06

Approved and accepted for and on behalf of Lee County, Florida, this

day of ,2007.

ATTEST: CHARLIE GREEN, CLERK

BY: Deputy Clerk

BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA

BY: Chair

APPROVED AS TO FORM

BY: Office of the County Attorney

Scott S. Coovert, Esquire

9 \ , l , n , , * # \ T I LEE COUNTY I I I , H , I I , (Page 4 of 4) Perpetual P u b l i c U t i l i t y Easement Grant - County At torney Approved f o r use 02-27-04.doc

9

FORCEMAIN EASEMENT

AT SHELL POINT VILLAGE SECTION 2, TOWNSHIP 46 SOUTH, RANGE 23 EAST

LEE COUNTY, FLORIDA

EAGLES PRESERVE

IONA ROAD - - (50‘ RIGHT-OF-WAY) T -7- - - -

SKETCH TO ACCOMPANY DESCRIPTION

2158 JOHNSON STREET m m FORT MYERS, PO FLORIDA BOX 1550 33902-1550 PHONE (239) 334-0046

FAX (239) 334-3661

E N G 1 N E E R 1 N G E B #642 & L B #e42

h

- _ - - - - - - - INTERSECllON OF M E SOUM

LIMITS OF CONSTRUCTON \/-- I ,’

, i ,*’

02-46-23-00-00002.0000

WEST 1/2 OF GOVERNMENT LOT 3 (OR 2940. PG 1953)

. I ... 21 WI

N X I

I io

I

i I I

I

NOTES:

1. BEARINGS SHOWN HEREON ARE BASED ON THE WESTERLY RIGHT-OF-WAY LINE OF DAMS ROAD TO BEAR SOUTH 00’58’29” EAST.

2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO ZONING OR DEVELOPMENT RESTRICTIONS ON, THE SUBJECT PARCEL.

3. POC = POINT OF COMMENCEMENT. 4. POB = POINT OF BEGINNING. 5. DESC. = DESCRIPTION 6. DB = DEED BOOK 7. OR = OFFICIAL RECORDS BOOK 8. PG = PAGE 9. PARCEL CONTAINS 300 SQUARE FEET (0.01 ACRES)

MORE OR LESS. 10. DESCRIPTION ATACHED.

E N G I N E E R I N G

S I N C E 1946

W

January 11,2007

DESCRIPTION

FORCEMAIN EASEMENT EAGLES PRESERVE AT SHELL POINT VILLAGE

SECTION 2, TOWNSHIP 46 SOUTH, RANGE 23 EAST LEE COUNTY, FLORIDA

A parcel or tract of land lying in Section 2, Township 46 South, Range 23 East, Lee County, Florida, which tract or parcel is described as follows:

Commencing at the intersection of the south right-of-way line of Iona Road (50 feet wide) and the west right-of-way line of Davis Road (66 feet wide) run South 00" 58' 29" East along the west right-of-way line of Davis Road for 346.61 feet to the Point of Beginning. From said Point of Beginning continue South 00" 58' 29" East along said west right-of-way line for 15.00 feet; thence run South 89" 01' 31" West departing said west right-of-way line for 20.00 feet; thence run North 00" 58' 29" West for 15.00 feet; thence run North 89" 01' 3 1" East for 20.00 feet to the Point of Beginning. Parcel contains 300 square feet (0.01 acres), more or less. Subject to easements, restrictions and reservations of record.

Bearings hereinabove mentioned are based on the westerly Right-of-way line of Davis Road to bear South 00" 58' 29'' East.

20044584 - 01-1 1-07 - Forcemaiu Easement

SHEET 2 OF 2

2158 Johnson Street Post Office Box 1550 Fort Myers, Florida 33902-1550 (239) 334-0046 = Fax (239) 334-3661

IONA R O D - - --r- - (SO'TIGHT-OF-WAY) T - -

02-46-23-00-00002.0000

WEST 1/2 OF GOVERNMENT LOT 3 (OR 2940, PG 1953)

I - _ - -

I

- 33' -,- 33' - I I

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NOTES:

1.

2.

3. 4. 5. 6. 7. 8. 9 .

10.

BEARINGS SHOWN HEREON ARE BASED ON THE WESTERLY RIGHT-OF-WAY LINE OF DAVIS ROAD TO BEAR SOUTH 00'58'29" EAST. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL. POC = POINT OF COMMENCEMENT. POB = POINT OF BEGINNING. DESC. = DESCRIPTION DB = DEED BOOK OR = OFFICIAL RECORDS BOOK PG = PAGE PARCEL CONTAINS 1,120 SQUARE FEET (0.03 ACRES) MORE OR LESS. DESCRIPTION ATTACHED.

THIS IS NOT A SURVEY

DATE SIGNED NOT VALID WI ORIGINAL RAISED SEAL 'OF A FLORIDA LICENSED

0 10 20 - -_" SURVEYOR AND MAPPER.

LEE COUNTY UTILITY EASEMENT --- I EAGLES PRESERVE AT SHELL POINT V I L L A G E ~ ~ SECTION 2, TOWNSHIP 46 SOUTH, RANGE 23 EAST

LEE COUNTY, FLORIDA I I

I J O H N ~ N ~ EN G I N-E E R I N G

January 11,2007

DESCRIPTION

LEE COUNTY UTILITY EASEMENT EAGLES PRESERVE AT SHELL POINT VILLAGE

SECTION 2, TOWNSHIP 46 SOUTH, RANGE 23 EAST LEE COUNTY, FLORIDA

A parcel or tract of land lying in Section 2, Township 46 South, Range 23 East, Lee County, Florida, which tract or parcel is described as follows:

Commencing at the intersection of the south right-of-way line of Iona Road (50 feet wide) and the west right-of-way line of Davis Road (66 feet wide) run South 00" 58' 29" East along the west right-of-way line of Davis Road for 375.38 feet to the Point of Beginning. From said Point of Beginning continue South 00" 58' 29" East along said west right-of-way line for 35.00 feet; thence run South 89" 01' 31" West departing said west right-of-way line for 32.00 feet; thence run North 00" 58' 29" West for 35.00 feet; thence run North 89" 01' 31" East for 32.00 feet to the Point of Beginning. Parcel contains 1,120 square feet (0.03 acres), more or less. Subject to easements, restrictions and reservations of record.

Bearings hereinabove mentioned are based on the westerly right-of-way line of Davis Road to bear South 00' 58' 29" East.

20044584 - 01-1 1-07 -Utility Easement

SHEET 2 OF 2 2158 Johnson Street rn Post Office Box 1550 a Fort Myers, Florida 33902-1550

(239) 334-0046 = Fax (239) 334-3661

WEST 1/2 OF GOVERNMENT LOT 4

34 I 35

NW CORNER OF SECTION 2

I I I

WEST LINE OF GOVERNMENT LOT 4

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; I

CB=NG i-34'06"E

A = 4 5 3 7 ' 2 1 'I

I I l P O B DESC. TERMINUS POINT OF WATER

I 1 ' LINE EASEMENT I I (OR 3248. PG 888) 02-46-23-00-00001.0000

(OR 2828. PG 2707)

5 1 1: I I$ I

I I I

p- 20' WIDE WATER LINE EASEMENT+ (OR 3248. PG 888) i , I

3' WlDE FLORIDA POWRr - AN0 LIGHT COMPANY

EASEMENT

2-46-23-00-00002.0000

EAST 1/2 OF GOVERNMENT LOT 4 (OR 2913, PG 19)

NOTES:

1.

2.

3. 4. 5. 6. 7. 8. 9.

10.

i

BEARINGS SHOWN HEREON ARE BASED ON THE WEST LINE OF GOVERNMENT LOT 4 TO BEAR SOUTH 01'00'17" EAST. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO ZONING OR DNELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL. POC = POINT OF COMMENCEMENT. POB = POINT OF BEGINNING. DESC. = DESCRIPTION DE = DEED BOOK OR = OFFICIAL RECORDS BOOK

SURVEYOR AND MAPPER 1"=100

2158 JOHNSON STREET SKETCH TO ACCOMPANY DESCRIPTION

20 FOOT WIDE WATER LINE EASEMENT EAGLES PRESERVE

AT SHELL POINT VILLAGE SECTION 2, TOWNSHIP 46 SOUTH, RANGE 23 EAST

LEE COUNTY, FLORIDA

m m FORT MYERS, PO. FLORIDA BOX 1550 33902-1550 PHONE (239) 334-0046

FAX (239) 334-3661 E B #642 & 1-6 #642 E N G 1 N E E R 1 N G

E N G I N E E R I N G January 11, 2007

DESCRIPTION

20 FOOT WIDE WATER LINE EASEMENT EAGLES PRESERVE AT SHELL POINT VILLAGE

SECTION 2, TOWNSHIP 46 SOUTH, RANGE 23 EAST LEE COUNTY, FLORIDA

I

A strip of land (20 feet wide) lying in Section 2, Township 46 South, Range 23 East, Lee County, Florida, lying 10 feet on each side of the following described centerline:

Commencing at the northwest corner of said Section 2, also being the northwest comer of Government Lot 4 run South 01 " 00' 17" East along the west line of said Lot 4 for 1,326.22 feet to the southwest corner of said Lot 4, thence continue South 01" 00' 17" East for 24.00 feet; thence m North 89" 00' 49" East for 303.81 feet; thence run North 00" 37' 21" West for 322.15 feet to an intersection with the terminus point of a water line easement as recorded in Official Records Book 3248, Page 888, Public Records of Lee County, Florida and the Point of Beginning. From said Point of Beginning run the following courses and distances along the centerline of a 20-foot wide water line easement: run North 00" 37' 21" West for 40.16 feet to a point of curvature; run northeasterly along said curve to the right of radius 100.00 feet (delta 45" 37' 21") (chord bearing North 22" 11' 19" East) (chord 77.54 feet) for 79.63 feet to a point of tangency; run North 45" 00' 00" East for 4.83 feet to a point of curvature; run northeasterly along said curve to the right of radius 124.00 feet (delta 45" 08' 12") (chord bearing North 67" 34' 06" East) (chord 95.18 feet) for 97.69 feet to a point of tangency; run South 89" 51' 48" East for 11 1.82 feet to the end of the herein described centerline. Parcel contains 6,682 square feet (0.15 acres), more or less. Subject to easements, restrictions and reservations of record.

Bearings hereinabove mentioned are based on the west line of Government Lot 4 to bear South 01" 00' 17" East.

20044584 - 01-1 1-07 -Waterline Easement

I

SHEET 2 OF 2

(239) 334-0046 I Fax (239) 334-3661 2158 Johnson Street Post Office Box 1550 Fort Myers, Florida 33902-1550