- Blue Sheet No. 20070228-UTL Lee County Board Of County Commissioners

Agenda Item Summary

1. ACTION REQUESTEDRURPOSE: Developer Contributed Asset: Approve final acceptance, by Resolution and recording of two Utility Easements, as a donation of a 4" diameter fire line, three water services, and a gravity main extension, to provide potable water service, fire protection and sewer service to Summerlin Park, Lot 'B ', a recently constructed commercial development. This is a Developer Contributed asset project located at the southwest corner of Bass Road and Commerce Center Court. 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.

5. Departmental Category: 10 - Utilities 6. Meeting Date: MAK 1 3 ?UO7- 7. Agenda: I 8. RequirementRurpose: (specij'y) 9. Request Initiated:

a . -

- X Consent Commissioner - Administrative Public Works

Admin. Code Public

10. Background:

The Board granted permission to construct on 08-22-05, Blue Sheet #20050957. The installation has been inspected for conformance to the Lee County Utilities Operations Manual. Satisfactory pressure and bacteriological testing has been completed. Satisfactory closed circuit television inspection of the gravity collection system has been performed. Record drawings have been received. Engineer's Certification of Completion has been provided-copy attached. Project Location Map-copy attached. Warranty has been provided4opy 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)

SECTION 04 TOWNSHIP 46s RANGE 24E DISTRICT # 3 COMMISSIONER JUDAH

11. Review for Scheduling: Human

Res.

Purchasing or

Contracts Other Department

Director

NIA NIA e0 8

T. Osterho t Date: Date: Date: shq

12. Commission Action: Approved Deferred Denied Other

I Countv County

Attorney

S. Coovert

Budget Services

S:ENGR\W PDLUE SHEETS-ENG\SUMMERLIN PARK LOT-B - EASE FL FH

RESOLUTION NO.

RESOLUTION ESTABLISHING UTILITY ACCEPTANCE OF DEVELOPER CONTRIBUTED ASSETS

I N LEE COUNTY, FLORIDA

WHEREAS, i t i s the des i re o f “Summerlin Bass, LLC” owner o f record, t o make a cont r ibu t 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 (a 4” diameter f i r e l i n e , 3 water services), and sewer f a c i l i t i e s (a gravity main extension), se rv i ng “SUMMERLIN PARK, LOT By,; 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 mater ia ls, an accurate value o f contr ibuted assets, and right-of-way and/or easement-indemnity granted f o r a l l systems being contr ibuted t o Lee County U t i l i t i e s ; and,

WHEREAS, a l l o f the above informat ion 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 t h a t the above-named system be accepted f o r ownership, operation , and maintenance.

NOW, THEREFORE, BE I T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA, t h a t the above f a c i l i t i e s , f o r a contr ibuted value o f $39,921.00 hereby ACCEPTED and acknowledged as an add i t ion t o Lee County U t i 1 i ti es.

THE FOREGOING RESOLUTION was of fered by Commi ss i oner 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 fo l lows:

Commi s s i oner Bob lanes :

Commissioner Br ian Bigelow: (2)

Commi s s i oner Ray Judah : (3)

Comrni s s i oner Tamara Hal 1 : (4)

Commi ssioner Frank Mann: (5)

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

ATTEST: CHARLIE GREEN, CLERK

BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA

By: DEPUTY CLERK CHAIR

APPROVED AS TO FORM

OFFICE OF COUNTY ATTORNEY BS 20070228-UTL

S:\ENGR\W P\BLUE SHEETS-ENG\l-RESOLUTION-DEV CONTRIB ASSET, W&S.DOC

LETTER OF COMPLETION

DATE: 1/22/2007

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

Gentlemen:

This is to certify that the water distribution and sanitary sewer Summerlin Park, Lot "B" (Name of DevelopmentlProject)

located at

were designed by me and have 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, Pressure Test(s) - Water Main , TV Inspection, Mandrill - Gravity Main

and Low Pressure Test(s) - Gravity Main,

Very truly yours,

CorporatiodFirm)

Samuel W. Marshall, P.E. #48881 (Name and Title)

$LEE COUNTY (Forms - Letter of Completion - Revised 2004) \ I l l ,,>w\11 5 9 I I I > L , I I I

(Seal of Engineering Firm)

S:Uohs\I I s x \ l I99\Documents\l .CU\I 199mel-LCU- LetterofCompletion.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 waterandsewer - of Summerlin Park. Lot "B" to be fkee fiom 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 fkhermore 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.

Strickler Bros. hc. (Contractor/Company Name) Steve Strickler, Pres. (Authorized Representative, Title)

(Signature)

STATE OF c\n )

COUNTY OF Ifs. ) ) ss:

The foregoing instrument was s,gned and acknowledged before me this day o by-who is personally known to me - / , and who did not take an oath. Skve

Notary Public State d Florida

My Commission DD597344

(Notary Seal & Commission Number)

S O U TI2 011 5 T I L 0 P. t 0 I

(Forms - W a m t y - Revised 04/2003)

Warranty-Form

WAIVER AND RELEASE OF LIEN UPQN FINAL ]PAYMUTI'

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

($39,92 1 .OO) hereby waivers and releases its lien and right to claim a lien for labor, services, or

materials hrnished to Mel-Re and Finn lvestment LLC on the job of Sumrnerlin Park Lot "Bl' to the

following described property:

Summerlin park. Lot "B"

(Name of Developmentmroject)

Gravitv Collection Svstem Water and/or Sewer Servicds) (Facilities Constructed)

9705-97 1 1 & 970 I Commerce Center Court, Fort Myers, Florida 04-46-24-07-00000.080 33908 (Location) (Strap # or Sectio~, Township & Range)

0446-2447-0OOOO.O.B IO

Strickler Brothers, Inc. (Name of Firm or Corporation)

By: Steve StricMer 41 76 Canal Street (Address o f Firm or Corporation) (Print Name of Authorized Representative)

Title: President Fort Myers, FI 33916- (City, State & Zip Of Firm Or Corporation)

Phone #: (239)267-2050 Ext. Fax#: (239)267-5840

STATEOF FL 1

COUNTYOF Lee ) ) ss:

The foregoing instrument was signed and acknowledged before me this 3 1 st day of -January,20~ by Steve Strickler who is personally known to me - Kirsten Tracy , and who did not take an oath.

(Notary Public Signature)

LOLA /7 &i,2 $A4*e (Notary Seal & Commission Number) (F'rbted Name of Notary Public)

I O U T I I W I E S T F ' O R , I I *

(Forms - Waiver of Lien - Revised January 2004)

11.5

I TOTAL

CERTIFICATION OF CONTRIBUTORY ASSETS

$23,336.00

PROJECT NAME: Summerlin Park, Lot ‘B’ OOBO

STRAP NUMBER. 04-46-24-07-00000.- 04-46-24-07-00000.03 10

LOCATION: 970 1 Commerce Center Court, Fort Myers, Florida 33908

OWNER’S NAME: (as shown on Deed) Summerlin Bass LLC

OWNER’S ADDRESS: 15051 S. Tamiami Trail. Ste 203

OWNER’S ADDRESS: Fort Myers, FL 33908-

OWNER’S TELEPHONE #: (239) 466-7737

TYPE UTLITY SYSTEM: Potable Water (Please provide separate ‘Certifications’ for potable water, sanitary sewer and effluent reuse facilities.)

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

3 L E E COUNTY \I) ,, T H I ,lR I A Contractor’s Certification of Contributory Assets - Form (July2006)

S:\EIlg\MMM\TEMP\SUMMERLlN PARK LOT B-.doc

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.

CERTIFYING:

- (Name & Title of Certifying Agent)

L \ &ii\b! \nc- I

I7( 0 COrnIS-lrQd (Name of Firm or Corporation)

(Address of Firm or Corporation)

STATE OF Rm-i Q[L )

COUNTYOF I ' n Q )

The foregoing instrument was signed and acknowledged before me this L3\ day of&2@] by

) ss.

S+ea s+&c* ho is personally known to me - L/ , and who did not take an oath.

.&&n KL!JEz\ Printed Name of Notary Public

Notary Commission Number

S L E E COUNTY S O U T H W E S T F L O R I D A Contractor's Certification ofcontributory Assets -Form (July2006)

(NOTARY SEAL)

C:UDocuments and SettingsKteve\Local SettingATemporary Internet Files\OLKD\07 - CERTIFICATION OF CONTRIBUTORY ASSETS - TAB THRU FORM.doc

11.5

ITEM PVC SDR-26 GRAVITY MAIN MANHOLE SINGLE SEWER SERVICE W/CLEANOUT

CERTIFICATION OF CONTRIBUTORY ASSETS

SIZE OUANTITY UNIT UNITCOST TOTAL 8" 185.0 LF $39.00 $7,215.00 4 ' 1 .o EA $5,290.00 $5,290.00 6" 3.0 EA $1,360.00 $4,080.00

PROJECT NAME: Summerlin Park, Lot 'B' OOBO

STRAP NUMBER: 04-46-24-07-00000.~ 04-46-24-07-OOOOO .OB 1 0

I

LOCATION: 9701 Commerce Center Court, Fort Myers, Florida 33908

I

OWNERS NAME: (as shown on Deed) Summerlin Bass LLC

TOTAL

OWNER'S ADDRESS: 1505 1 S. Tamiami Trial, Ste 203

$16,585.00

OWNER'S ADDRESS: Fort Myers, FL 33908-

OWNER'S TELEPHONE #: (239) 466-7737

TYPE UTILITY SYSTEM: Sanitary Sewer (Please provide separate 'Certifications' for potable water, sanitaty sewer and effluent reuse facilities.)

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

I I I I I I

I I I I I

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

$LEE C0mn-Y S O I I T H - E S T F I O R ~ D . Contractor's Certification ofcontributory Assets - Form (JuIy2006)

S:EngrMMM\TEMP\SUMMERLlN PARK LOT B.doc

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.

CERTIFYING:

X ,--\ (Signature of CekifLhg Agent)

S- teG. Sk, &\ P Y / yes\ &n t (Name & Title of Certifying Agent)

~ h y S . \ h C I

(Name of Firm or Corporation) ’

STATE OF t\h:\ &I ) ) ss:

COUN’IYOF 1 eC )

The foregoing instrument was sign- d and acknowledged before me this ,3 day o f h 2 a by who is personally known to me - , and who did not take an oath.

Printed Name ofNo&y Public

Notary Comkission Number

%LEE COUNTY S O U T H w E S T F L o R I o A Contractor’s Certification of Contributory Assets - Form (July2006)

(NOTARY SEAL)

C:v)ocuments and SettingsStevehcd Settings\Temporary Internet Files\OLKD\O’I - CERTIFICATION OF CONTRIBUTORY ASSETS - TAB TIIRU FORM.doc

RETURN FLORIDA FOR TRANSFERS DEPARTMENT OF INTEREST OF IN REVENUE REAL PROPERTY b E T m:oz DR-219

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

tltlnn0nnc1nO4#614 17 l l o 40 B04B4 I OUnnnoUo Ill II ll

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

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

BS 20070228

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

SUMMERLIN BASS, LLC U 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 State Zip Code Phone No.

15051 S TAMIAMI TRL, #203 FT MYERS FL 33908 ( )

4. Grantee (Buyer):

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

5. Date of Sale/Transfer Sale/Transfer Price

Month Day _ _ - Year (Round td the nearest ddlar.)

7. Are any mortgages on the property? If "Yes", YES u / H N O outstanding mortgage balance:

(Round to the nearest dollar.) $ n n:n n nj1 n n . m Dl El Other

6. Type of Document Contract/Agreement 0 for Deed 0 E;z:laim

8. To the best of your knowledge, were there unusual circumstances or conditions to the salekransfer 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 / O N 0

9. Was the salekransfer financed? YES 0 / NO If "Yes", please indicate type or types of financing:

Agreement or Conventional 0 Seller Provided Contract for Deed 0 Other

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

0 o n 0 0 n H 0 0 Mark (x) all that apply

Y E S ~ / Q N O $nnnjinn,nnn.

+yo,

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.)

+ ~ 0 0 0 , ~ 0 0 ~ 0 0 . HQ 12. Amount of Documentary Stamp Tax

13. If notax is due in number 12, is deed exempt from Documentary Stamp Tax under s. 201.02(6), Florida Statutes? YES 0 / U N O and that the facts stated in it are true. If prepared by someone other helher has any knowledge.

Date WARNING: FAILURE TO FILE THIS RETURN OR ALTERNATIVE FORM APPROVED BY THE DEPARTMENT OF REVENUE SHALL RESULT IN A PENALTY OF 525.00 IN ADDITION TO ANY OTHER PENALTY IMPOSED BY THE REVENUE LAW OF FLORIDA.

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

This copy to Property Appraiser

Clerks Date StamD

This copy to Property Appraiser

Ill

$10 (Round to the nearest dollar.)

INET FLOlUDA DEPARTMENT OF REVENUE RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY

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

FDOR10240300

R. 07/98 DR-219

r 0 1 2 3 4 5 6 7 8 9 0123456789 (11 rarcei IU nor avaiiame please call County Property Appraiser’s Office) -b

044624070000000B0 Transaction is a split

-b

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

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

3. Grantor (Seller):

that apply transaction? -+ another parcel? EASEMENT : BS 20070228 SUMMERLIN BASS, LLC 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 State Zip Code Phone No.

15051 S TAMIAMI TRL, #203 FT MYERS FL 33908 1

4. Grantee (Buyer):

P. 0. BOX 398 FT. MYERS FL 33902 (2384798181

5. Date of SalelTransfer SalelTransfer Price

2007 $ Year

Property 46 County Code . 0 0 Located In

6. Type of Document

Warranty Deed

ContracffAgreement for Deed outstanding mortgage balance: Quit Claim Deed

Other 7. Are any mortgages on the property? If “Yes”,

(Round to the nearest dollar.) $

YES

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

9. Was the saleltransfer financed? YES

Conventional Seller Provided

NO If “Yes”, please indicate type or types of financing:

Agreement or Contract for Deed Other

’ NO

. o o NO

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

x Mark (x) all that apply

11. To the best of your knowledge, was personal property YES ’NO $ included in the saleltransfer? If “Yes”, please state the amount attributable to the personal property. (Round to the nearest dollar.) $

12. Amount of Documentary Stamp Tax 0.70

13. If is due in number 12, is deed exempt from Documentary Stamp Tax under s. 201.02(6), Florida Statutes? YES

Cents

0 0

NO Under penalties of perjury, I declare that I have read the for than the taxpayer, hislher declarati

Signature of Grantor or Grantee or

hat the facts stated in it are true. If prepared by someone other er has any knowledge.

Date o/ 67 WARNING: FAILURE TO FILE THIS RETURN OR ALTERNATIVE FORM APPROVED BY THE DEPARTMENT OF REVENUE SHALL RESULT IN A PENALTY OF 525.00 IN ADDITION TO ANY OTHER PENALTY IMPOSED BY THE REVENUE LAW OF FLORIDA,

I To be completed by the Clerk of the Circuit Court’s Office I Clerks Date Stamp

This copy to Department of Revenue

PageaNnudmber n n n File G i b e r tlnnnnnnnn nnnn

Date Recorded oo/oo/nnnn 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.

PROJECT NAME:

EASEMENT NAME:

20070228-UTL

SUMMERLIN PARK, LOT B

SUMMERLIN BASS, LLC

TYPING BY: &ueGulled&e

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

This Instrument Prepared By: Lee County Utilities I500 Monroe Street - 3rd Floor Fort Myers, Florida 33901

Strap Number(s):

04-46-24-07-00000.00BO

LCU 500283 (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 “SUMMERLIN BASS, LLC,” 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, man holes, 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 20070228-UTL

9<111T,,WI %LEE COUNTY 7 T I , I , l C l l l A (Page 1 of 5) Perpetual Pub l ic U t i l i t y Easement - County Attorney Approved f o r use 02-27-04

3. The public utility easement will not be limited to any particular diameter size or type and/or number of connections to other waterkewer mains for providing waterlsewer 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 5) 2 I LEE COLJNTY , O ” I I I \ V L S I * I O U I I I ,

1199mel-SummerlinBass-PerpetualPublicUtilityEasementGrant.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.

(Balance of Page Left Intentionally Blank)

L O L I 1 , I L I \ , , 1 0 1 1 1 1 , \ (Page 3 of 5) 1199mel -Summe r l i nBass-Perpetual Pub1 1 c U t i 1 i tyEasementCrant. doc

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

[2nd @ess, signature]

[Type or Print Name]

[Signature Grantor’s/Owner’s]

L%LJARd D. AdIYN.9 [Type or Print Name]

STATE OF FLORIDA

COUNTY &A-

/ - LL egoing instrument was signed and acknowledged before me this

&.hahA- day 2@!? by - who produced the following as identification W or is personally know to me,

and who did/did not take an oath.

[stamp or seal]

loshlyn Bartels

luty 7, 2007 % MY COMMISSION # DD229664 EXPIRES

BONDEDTHRUTROY FAIN INSURANCE IN€

[Typed or Printed Name]

%LEE P O ” I I,\< > COUNTY I I I I o n I> (Page 4 of 5) 1199mel-SummerlinEass-PerpetualPublicUtilityEasementGrant.doc

day of

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

120 .

ATTEST: CHARLIE GREEN, CLERK

BY: Deputy Clerk

BOARD OF COU NTY COMMISSION E RS OF LEE COUNTY, FLORIDA

BY: Chairman

APPROVED AS TO FORM

BY: Office of t he County Attorney

I O " I I, \L I \ I > I 0 1,s I, A (Page 5 of 5) 1199mel-SummerlinBass-PerpetualPublicUtilityEasementGrant.doc

Professional Engineers, Planners & Land Surveyors FORT MYERS + NAPLES + SARASOTA + PORT CHARLOTTE

DESCRIPTION OF

A PARCEL OF LAND LYING IN

SECTION 4, TOWNSHIP 46 SOUTH, RANGE 24 EAST LEE COUNTY. FLORIDA

A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 24 EAST, BEING A PORTION OF LOT "B", SUMMERLIN PARK, AS RECORDED IN PLAT BOOK 64, AT PAGE 72 THROUGH 74, OF THE PUBLIC RECORDS OF SAID LEE COUNTY, BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT; THENCE N 00'48'1 8" W ALONG THE EASTERLY LINE OF SAID LOT FOR 135.04 FEET TO THE POINT OF BEGINNING OF A PARCEL OF LAND HEREIN DESCRIBED; THENCE S 89"11'42" W FOR 35.00 FEET; THENCE N OO"48'18" W FOR 13.00 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4508, PAGE 2203 OF THE PUBLIC RECORDS OF SAID LEE COUNTY; THENCE N 89'1 1'42" E ALONG SAID SOUTH LINE OF LANDS FOR 35.00 FEET TO THE SOUTHEAST CORNER OF SAID LANDS; THENCE S OO"48'18" E ALONG THE EASTERLY LINE OF SAID LOT "B" FOR 13.00 FEET TO THE POINT OF BEGINNING.

PARCEL CONTAINS455.O_SQUARE FEET, MORE OR LESS.

SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF-WAY OF RECORD.

ASSUMED NORTH BASED ON THE SOUTHERLY LINE OF LOT "B", SUMMERLIN PARK, AS RECORDED IN PLAT BOOK 64, AT PAGE 72 THROUGH 74 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA AS BEARING S 89"11'42" W.

DESCRIPTION PREPARED 01 -3 1-07 A

REGISTERED LAND SURVEYOR FLORIDA CERTIFICATION NO. 4009 DATE SIGNED: 02-01-07

. . / '

I ! ~ \ . i ~ i f i d ~ ~ i < \ ~ i Y i!i h i I I \x' I l'>(l,'i{ ,!<l,'l,'J . ! ) I

SHEET 1 OF 2

1051 1 SIX Mile Cypress Parkway - Suite 101 Fort Myers, Florida 33966 (239) 939-5490 Fax (239) 939-2523

SUBJECT PARCEL: 1 ;:$,!$, I

' I > I ;

I I I p.u.E I

LOT "A" SUMMERLIN PARK Battka Enginppring

PROFESSIONAL mGlNEERS. LRND SURVEYORS & PLANNERS P.B. 64, PGS. 72-74 FWRIDA BUSINESS CERTIFICATION NUMBER LE 6690 c __-__-I/

/- , 10511 SIX MILE CYPRESS PARhWAY - SUITE 101 FORT MYERS. FLORIDA 33966

- . (239) 939-5490

i 1 - - - - - -3 10' P.U.E I

I lm= 60'

L 0 T "B " SUMMERLIN PARK P.B. 64, PGS. 72-74

1 $T "B" f[UAl)<DER I $ I : I i

7

0.8 4508, PG. 2203

/ / P. 0. c.

SOUTHEASTERLY CORNER I ! LOT 'BB" SUMMERLIN PARK I i

P.B. 64, PGS 72-74 SOUTHERLY LINE LOT "B" BEARING BASIS .? 8911'42" w

LOT %" SUMMERLIN PARK P.B. 64, PGS. 72-74 I LEGEND: I PG. INDICATES PAGE PGX INDICATES PAGES P.B. INDICATES PLAT BOOK

OF A TRACT OR PARCEL OF LAND LYING IN

SECTION 4, TOWNSHIP 46 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA

SKETCH OF DESCRIPTION

NOTES.

1.) SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF- WAY OF RECORD.

2.) ASSUMED NORTH BASED ON THE SOUTHERLY LINE OF LOT "B", SUMMERLIN PARK, AS RECORDED IN PLAT BOOK 64, AT PAGE 72 THROUGH 74 OF THE PUBLIC RECORDS OF LEE COUNX FLORIOA AS BEARING S 8971'42" U!

/ /S OOY8'18" E 13.00'

yP.0.B. NOTE. ALL ADJACENT EASEMENTS AND TRACTS, UNLESS OTHERWSE NOTED, ARE PART OF SUMMERLIN PARK. AS RECORDFD IN PI AT

1 PLAT BOOK 64, AT PAGE 72 7HROUGH 74, F, OF nmnd THE PUBLIC RECORDS OF LEE COUNTY.

2

WITHOUT THE SIGNATURE-%: %E. ORIGINAL RAISE0 SEAL OF A FLORIDA LICENSED SURVEYOR AND W P F F

Professional Engineers, Planners & Land Surveyors FORT MYERS + NAPLES + SARASOTA + PORT CHARLOTTE

DESCRIPTION OF

A PARCEL OF LAND LYING IN

SECTION 4, TOWNSHIP 46 SOUTH, RANGE 24 EAST LEE COUNTY, FLORIDA

A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 24 EAST, BEING A PORTION OF LOT "B", SUMMERLIN PARK, AS RECORDED IN PLAT BOOK 64, AT PAGE 72 THROUGH 74, OF THE PUBLIC RECORDS OF SAID LEE COUNTY, BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT; THENCE S 89'7 1'42" W ALONG THE SOUTHERLY LINE OF SAID LOT FOR 168.00 FEET; THENCE N OO"48'18" W FOR 112.27 FEET TO THE POINT OF BEGINNING OF A PARCEL OF LAND HEREIN DESCRIBED; THENCE S 89O10'59" W FOR 20.00 FEET; THENCE N OO"48'18" W FOR 35.79 FEET TO THE SOUTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4508, PAGE 2203 OF THE PUBLIC RECORDS OF SAID LEE COUNTY; THENCE N 89"11'42" E ALONG THE SOUTH LINE OF SAID LANDS FOR 20.00 FEET; THENCE S 00°48'18" E FOR 35.79 FEET TO THE POINT OF BEGINNING.

PARCEL CONTAINS 715.8 SQUARE FEET, MORE OR LESS. - SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF-WAY OF RECORD

ASSUMED NORTH BASED ON THE SOUTHERLY LINE OF LOT "B", SUMMERLIN PARK, AS RECORDED IN PLAT BOOK 64, AT PAGE 72 THROUGH 74 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA AS BEARING S 89"11'42" W.

DESCRIPTION PREPARED 01 -3 1-07 A

Jil%e%&dm* RICHARD M. RITZ REGISTZRED LAND SURVEYOR FLORIDA CERTIFICATION NO 4009 DATE SIGNED 02-01 -07

SHEET 1 OF 2

1051 1 Six Mile Cypress Parkway - Suite 101 Fort Myers, Florida 33966 (239) 939-5490 Fax (239) 939-2523

ln= 60'

LEGEND:

I 15' D.E. & P.U.E. -! b

L 0 T 'L7 " SUMMERLIN PARK P.B. 64, PG.5 72-74

I I I I

LOT 'D'' REUAINDFR 0.R 45C8, PG. 2293

I SOUTHEASTERL Y CORNER I

LOT "B" SUMMERLIN PARK I

S 89'11'42" W 168.00'

P. 0. c. .2 og Y- D 0

2

SOUTHERL Y LINE LOT 'pB" BEARING BASIS S 89'1 1'42" W 1 I I I LOT '%" SUMMERLIN PARK P.B. 64, PGS. 72-74 I

I NER I 'ARK I

. ^

S 8971'42" W 168.00' SOUTHERL Y LINE LOT 'pB" BEARING BASIS S 89'1 1'42" W

SKTTCH OF DESCRIPTION OF

A TRACT OR PARCEL OF LAND LYING IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 24 EAST,

LEE COUNTY, FLORIDA

NOES:

1.) SUBJECT TO EASEMENTS, RESlRlCllONS, RESERVA llONS AND RIGHTS-OF- WA Y OF RECORD.

2.) ASSUMED NORTH BASED ON THE SOUTHERLY LINE OF LOT 8: SUMMERLIN PARK, AS RECORDED IN P U T BOOK 64, AT PAGE 72 THROUGH 74 OF THE PUBLIC RECORDS OF LEE COUNTY FLORIDA AS BEARING S 8971'42" U!

Q

SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER

II ll ll Parcel Identitication Numbe (If Parcel ID not available please call County Property Appraiser’s Office) -b

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

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

FWRlM4BN DR-219

R. 07/98

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

BS 20070228

12270 COCONUT CREEK CT FT MYERS FL 33908 ( 1

Property was improved with building(s) at time of saleltransfer? + [7

FINN INVESTMENTS, LLC n n 2- Mark (X) all Multi-parcel

3. Grantor (Seller):

that apply transaction? -b

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 State Zip Code Phone No.

4. Grantee (Buyer):

P. 0. BOX 398 FT. MYERS FL 33902 ( 23q4798181

5. Date of SalelTransfer SalelTransfer Price

pjm mm ritmm $nnririmjinri . mm rz::zln i ~ e e Month Day Year (Round to the nearest dollar.)

__1 .I

6. Type of Document ContractlAgreement Other 7. Are any mortgages on the property? If “Yes”, YES u / M N O 0 for Deed 0 E:;tlaim outstanding mortgage balance:

(Round to the nearest dollar.) $ n n nFn n nj1 n n . Dl 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 / H N O

9. Was the saleltransfer financed? YES u / NO If ”Yes”, please indicate type or types of financing:

Conventional c] Seller Provided 0 Agreement or Contract for Deed i] Other 0

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

o n 0 n Mark (x) all that apply

11. To the best of your knowledge, was personal property included in the saleltransfer? If “Yes”, please state the

* ~ n o t l ~ u u ~ o n . nu

Date k

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 t are true. If prepared by someone other

WARNING: FAILURE TO FILE THIS RETURN OR ALTERNATIVE FORM APPROVED BY THE DEPARTMENTOF REVENUE SHALL RESULT IN A PENALTY OF S25.00 IN ADDITION TO ANY OTHER PENALTY IMPOSED BY THE REVENUE LAW OF FLORIDA

L To be completed by the Clerk of the Circuit Court‘s Office I Clerks Date Stamp

This copy to Property Appraiser

Month Day Year

This copy to Property Appraiser

Ill

8. To the best of your knowledge, were there unusual circumstances or conditions to the salehransfer 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. NO YES

FDOR10240300

R. 07/98 DR-219 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. ll ll

9. Was the saleltransfer financed? YES ’ NO If “Yes”, please indicate type or types of financing:

Agreement or Conventional Seller Provided Contract for Deed Other

Institutional/ I O . Property Type: Residential Commercial Industrial Agricultural Miscellaneous Government Vacant Acreage Timeshare

% Mark (x) all that apply

Cents

0 0 11. To the best of your knowledge, was personal property YES ’NO $ included in the salekransfer? If “Yes”, please state the amount attributable to the personal property. (Round to the nearest dollar.) $ 0.70 12. Amount of Documentary Stamp Tax

13. If notax is due in number 12, is deed exempt from Documentary Stamp Tax under s. 201.02(6), Florida Statutes? YES NO Under penalties of perjury, I declare that I have read the foregoingreturmnd that the facts stated in it are true. If prepared by someone other . . than the taxpayer, hisiher declarati

Signature of Grantor or Grantee or

elher has any knowledge.

Date WARNING: FAILURE TO FILE THIS RETURN OR ALTERNATIVE FORM APPROVED BY THE DEPARTMENT OF REVENUE SHALL RESULT IN A PENALTY OF $25.00 IN ADDITION TO ANY OTHER PENALTY IMPOSED BY THE REVENUE LAW OF FLORIDA.

I To be completed by the Clerk of the Circuit Court‘s Office I Clerks Date Stamp I This copy to Department of Revenue

o. R. Book nnnnrl

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.

PROJECT NAME:

EASEMENT NAME:

20070228-UTL

SUMMERLIN PARK, LOT B

FINN INVESTMENTS, LLC

TYPING BY: &ueGulledce

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

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

Strap Number(s):

04-46-24-07-OOOOO.OB1 0

LCU 500283 (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 “FINN INVESTMENTS, LLC,” Owner, hereinafter referred to as GRANTOR(S), and “LEE COUNTY”, a political subdivision of the State of Florida, hereinafter referred to as GRANTEE.

WITNESSETH:

I. 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, man holes, 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 20070228-UTL

%LEE CL, I ,T I , \ ” rsT COUNTY , , U H , l , A (Page 1 of 6) P e r p e t u a l p u b l i c U t i l i t y Easement - County A t t o r n e y Approved f o r use 02-27-04

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 waterkewer 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.

$LEE IO” t ,I \L k COUNTY D r b , 0111 0.4 (Page 2 of 6) 1199mel -Finn-PerpetualPublicUti1ityEasementGrant.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.

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

(Balance of Page Left intentionally Blank)

I LEE COUNTY - 3 '1 0 " I I, \, F , I ,I " " I I, I

1199mel -F inn-Perpetua lPubl icUt i l i tyEasementGrant .d~~ (Page 3 of 6)

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

BY: c [Signature Grantor’s/Owner’s]

-7

ECXA +,,4w [Type or Print Name]

[Titld]

S& &%?dd&ir [Type or Print Name]

STATE OF FLORIDA

COUNTYOF h The foregoing instrument was si ned and acknowledged before me this

day of 3 2@? by - ‘%#o produced the following as identification v - or is personally knovpto me,

and w h e W d i d not take an oath. P

[stamp or seal]

MARY c. WNON MY COMMWSION # DD 501986 EXPIRES: January 27,2010 Bondid Thru Cudget Notary Servi-

5 0 L , I , >I h \ I b I 0 1 1 I I,* (Page 4 of 6) 1199mel-Finn-PerpetualPubl1cUtil~ tyEasementGrant.doc

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

BY:

[Signature Grahor's/Owner's]

1 I

[Type or Print Name]

JPCV&&. [Title]

~ H N @ &7Pl& [Type or Print Name]

STATE OF FLORIDA

COUNTY OF

4x The foregoing instrum signed and acknowledged before me this L-

who produced the following as identification d m 0

and who-$td/did not take an oath.

[stamp or seal]

.$tbqnJ*::b(+, MARY C. QAGW MY COMMtSSION # M) 501986 EXPIRES: Januay 27,2010 Bondsd Thm Budget.llotaN Services

3 L E E EO" I,,,\ k , COUNTY I > I "I,,,, % (Page 5 of 6) 1199mel-Finn-PerpetualPubli cUti1i tyEasementCrant .doc

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

day of 120 -

ATTEST: CHARLIE GREEN, CLERK

BY: Deputy Clerk

BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA

BY: Chairman

APPROVED AS TO FORM

BY: Office of the County Attorney

E O L I I I \ % k \ I e , 0 1 , 1 1 1 1

1199mel -FI ""-Perpetual P u b l i c U t i 1 i tyEasementCrant .doc (Page 6 of 6)

Professional Engineers, Planners & Land Surveyors FORT MYERS + NAPLES + SARASOTA + PORT CHARLOTTE

DESCRIPTION OF

A PARCEL OF LAND LYING IN

SECTION 4, TOWNSHIP 46 SOUTH, RANGE 24 EAST LEE COUNTY, FLORIDA

A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 24 EAST, BEING A PORTION OF LOT " B , SUMMERLIN PARK, AS RECORDED IN PLAT BOOK 64, AT PAGE 72 THROUGH 74, OF THE PUBLIC RECORDS OF SAID LEE COUNTY, BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT; THENCE N OO"48'18" W ALONG THE EASTERLY LINE OF SAID LOT FOR 148.05 FEET TO THE SOUTHEAST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4508, PAGE 2203 OF THE PUBLIC RECORDS OF SAID LEE COUNTY AND THE POINT OF BEGINNING OF A PARCEL OF LAND HEREIN DESCRIBED; THENCE S 89"11'42" W ALONG THE SOUTH LINE OF SAID LANDS FOR 35.00 FEET; THENCE N OO"48'18" W FOR 7.00 FEET; THENCE N 89'1 1'42" E FOR 35.00 FEET TO AN INTERSECTION WITH SAID EASTERLY LINE; THENCE S OO"48'18" E ALONG SAID EASTERLY LINE FOR 7.00 FEET TO THE POINT OF BEGINNING.

PARCEL CONTAINS 245 0 SQUARE FEET, MORE OR LESS n

SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF-WAY OF RECORD

ASSUMED NORTH BASED ON THE SOUTHERLY LINE OF LOT "B", SUMMERLIN PARK, AS RECORDED IN PLAT BOOK 64, AT PAGE 72 THROUGH 74 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA AS BEARING S 89"11'42" W

RFGISTERED LAND SURVEYOR FLORIDA CERTIFICATION NO 4009 DATE SIGNED 02-01-07

l < ) l l l l I C l l I l l

SHEET 1 OF 2

1051 1 Six Mile Cypress Parkway - Suite 101 Fort Myers, Florida 33966 (239) 939-5490 Fax (239) 939-2523

I SKETCH OF DESCRIPTION _ _ _ _ - _ _ L-

LOT "A" SUMMERLIN PARK P.B. 64, PGS. 72-74

/

Banb Engintwtttg PROFESSIONAL ENGULFERS L4Nll SURVEYORS & PLANNERS

FLORWA BUSlNESS CERTLTCATION NUMBE23 LLI 6690 10511 so( MIL6 Ci"RE%S PARhTfAY - SUITE 101

I\ SOUTHERLY LINE LOT "B" BEARING BASIS 5 8971'42" W I

LEGEND: LOT %" SUMMERLIN PARK P.B. 64, PGS. 72-74 I

' I . , \ /

FDRT MYERS FLORIDA 33966 (239) 939-5490

1"= 60'

/ I

LOT "B" REMAINDER O.R 4508, PG 2203

OF A TRACT OR PARCEL OF LAND LYING IN

SECTION 4, TOWNSHIP 46 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA

NOVOTES:

1.) SUBJECT TO EASEh!ENTS. RESTRICTIONS. RESERVA TIONS AND RIGHTS-OF-WAY OF RECORD.

2.) ASSUMED NORTH BASED ON THE SOUTHERLY LINE OF LOT "13: SUMMERLIN PARK AS RECORDED IN PLAT BOOK 64, AT PAGE 72 THROUGH 74 OF THE PUBLIC RECORDS OF LEE CDUNn: FLORIDA AS BEARING S 89.11'42- M!

NOTE ALL ADJACENT EASEMENTS AND TRACTS, UNLESS DTHERVdSE NOTED, ARE PART OF SUMMERLIN PARK. AS RECORDED IN PLAT

1 PLAT BOOK 64, A T PAGE 72 THROUGH 74, OF THE PUBLIC RECORDS OF LEE COUNTY: n mind

SEE SHEET 1 OF 2 FOR COMPLETE METES AND ROUNDS DESCRIPTION

- THIS SKETCH $F~DESCRI~TION II NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SUL OF A FLORIDA LICENSED SURVEYOR AN0 W P E K

@mks Enaineerinft Professional Engineers, Planners & Land Surveyors

FORT MYERS + NAPLES + SARASOTA + PORT CHARLOTTE

DESCRIPTION OF

A PARCEL OF LAND LYING IN

SECTION 4, TOWNSHIP 46 SOUTH, RANGE 24 EAST LEE COUNTY, FLORIDA

A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 24 EAST, BEING A PORTION OF LOT " B , SUMMERLIN PARK, AS RECORDED IN PLAT BOOK 64, AT PAGE 72 THROUGH 74, OF THE PUBLIC RECORDS OF SAID LEE COUNTY, BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS:

COMMENCING AT SOUTHEASTERLY CORNER OF SAID LOT; THENCE S 89"11'42" W ALONG THE SOUTHERLY LINE OF SAID LOT FOR 168.00 FEET; THENCE N OO"48'18" W FOR 148.05 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4508, PAGE 2203 OF THE PUBLIC RECORDS OF SAID LEE COUNTY AND THE POINT OF BEGINNING OF A PARCEL OF LAND HEREIN DESCRIBED; THENCE S 89"11'42" W ALONG THE SOUTH LINE OF SAID LANDS FOR 20.00 FEET TO THE SOUTHWEST CORNER OF SAID LANDS; THENCE N 00'48'1 8" W ALONG THE WEST LINE OF SAID LANDS AND THE NORTHERLY PROLONGATION THEREOF FOR 136.88 FEET TO AN INTERSECTION WITH THE

165.00 FEET AND TO WHICH POINT OF CURVE A RADIAL LINE BEARS N 3 1'30'1 1" W; THENCE NORTHEASTERLY ALONG SAID CURVE AND SAID WESTERLY LINE THROUGH A CENTRAL ANGLE OF 07"47'13" FOR 22.42 FEET TO AN INTERSECTION WITH A LINE 20.00 FEET EAST OF AND PRALLEL WITH (AS MEASURED ON A PERPENDICULAR) WITH THE WEST LINE OF SAID LANDS; THENCE S OO"48'18" E ALONG SAID PARALLEL LINE FOR 146.98 FEET TO THE POINT OF BEGINNING.

WESTERLY LINE OF SAID LOT "B" AND THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF

PARCEL CONTAINS 0 07 ACRES, MORE OR LESS - SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF-WAY OF RECORD

ASSUMED NORTH BASED ON THE SOUTHERLY LINE OF LOT "B", SUMMERLIN PARK, AS RECORDED IN PLAT BOOK 64, AT PAGE 72 THROUGH 74 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA AS BEARING S 89'1 1'42" W

DESCBPTION PREPARED 01 -31 -07

RICHARD M. .RITZ >-

REGISTERED LAND SURVEYOR FLORIDA QERTIFI~ATIOW NO 4009 DATE SIGNED. 02-01-07

RICHARD M. .RITZ >-

REGISTERED LAND SURVEYOR FLORIDA QERTIFI~ATIOW NO 4009 DATE SIGNED: 02-01-07

SHEET 1 OF 2

1051 1 Six Mile Cypress Parkway - Suite 101 Fort Myers, Florida 33966 (239) 939-5490 Fax (239) 939-2523

In= 60'

\ ! Bunks Enginppring I \ ! I I SKETCH G

LOT "A" SUMMERLIN PARK PROFESSIONAL ENGINEERS, LAM) S W R W O R S & PLANNERS

P.B. 64, PGS. 72-74 /-

/ /

FLORIDA BUSINESS CERTIFICATION NUMBER LB 6690

FORT MYERS. FLORIDA 33966 10511 SIX MILE CYPRESS PARhTAY - SUITE 101

, I (239) 939-5490 ,

S 8971'42" W 20.00', I L -

LOT 'p" SUMMERLIN PARK P.B. 64, PGS. 72-74

SOUTHERLY LINE LOT 'B'' BEARING BASIS S 8971'42" W I I

ZGEND:

1O'P.UE.

10

15' D E & PU.E

SUBJECT PARCEL: - PARCEL CONTAINS 0.07 ACRES, - MORE OR LbS.

M"?H ilMf C,;? 4508, PG. 22% 7 - t I- \ ; I

P. 0. B. --i- I I I

I 3 l

g, I I

3 SOU THEASTERL Y CORNER I LOT %" SUMMERLIN PARK. I

S 89'1 1'42" W 168.00'

8 cd I

? I 3 0 0 P. 0. c.

P.B. 64, PGS. 72-74

LOT "C" SUMMERLIN PARK P.B. 64, PGS. 72-74

IF DESCRIPTION OF

A TRACT OR PARCEL OF LAND LYING IN SECTION 4, TOWNSHIP 4 6 SOUTH, RANGE 24 EAST,

LEE COUNTY, FLORIDA

NOTES:

1.) SUBJECT TO EASEMENTS RESlRlCTIONS, RESERVATIONS AND RIGHTS- OF- WA Y OF RECORD.

2.) ASSUMED NORTH BASED ON THE SOUTHERLY LINE OF LOT 'B': SUMMERLIN PARK, AS RECORDED IN PLAT BOOK 64, AT PAGE 72 THROUGH 74 OF THE PUBLIC RECORDS OF LEE COUNT): FLORIDA AS BEARING S 8971'42" U!

SUMMERLIN PARK, AS RECOROEO IN PLAT PLAT BOOK 64, AT PAGE 72 THROUGH 74. OF M E PUBLIC RECORDS OF LEE COUNT): FLORIDA

CURVE TABLE CURVE I RADIUS I DELTA ANGLE I ARC LENGTH 1 CHORD LENGTH I CHORD BEARING Ct I 165.00' I 07'47'13" I 22.42' 1 22.41' I N 62'23'26" E

PREPARED 01-31 -07 SHEET 2 OF 2

SEE SHEET 1 OF 2 FOR COMPLETE METES AND BOUNDS DESCRIPTION

WITHOUT THE SGNATURE AN0 THE ORIGINAL FWSED SEAL OF A FLORIDA LICENSED SURVEYOR AN0 MAPPER