LEE COUNTY VOTER EDUCATION. SHARON L. HARRINGTON LEE COUNTY SUPERVISOR OF ELECTIONS.
Lee County Board of County Commissioners … Agendas/2003/01-21...2003/01/21 · Record Book 3545,...
Transcript of Lee County Board of County Commissioners … Agendas/2003/01-21...2003/01/21 · Record Book 3545,...
Lee County Board of County Commissioners Agenda Item Summary Blue Sheet No. 20030004
1. REQUESTED MOTION: ACTION REQUESTED: Accept Parcels 105, 107, 112, 120, 144, 155, 158, 160, 162 and 163, perpetual waterline utility easements, which are necessary to provide and maintain essential municipal service, facilities and improvements in accorgance with the Cottage Point Waterline Municipal Service Benefit Unit; authorize the Division of County Lands to handle and accept all documentation necessary; authorize payment of recording fees.
WHY ACTION IS NECESSARY: The Cottage Point MSBU project plan requires the perpetual easements to install the waterline improvements in the existing roads and roadways.
WHAT ACTION ACCOMPLISHES: Approval of the Requested Motion will provide for the acquisition of the proper-t) I interests by Grant of Perpetual Public Waterline Utility Easement from the benefitted property owners.
2. DEPARTMENTAL CATEGORY: 06 3. MEETING DATE: COMMISSION DISTRICT #: 3 Ol-&!I-dOQ3 4. AGENDA: 5. REPUIREMENTIPURPOSE: 6. REQUESTOR OF INFORMATION
x CONSENT (Specify) - ADMlNtSTRATlVE - STATUTE t25.01,t,l~l A. COMMISSIONER - APPEALS __ ORDINANCE 98-25 S. DEPARTMENT lndemndent - PUBLIC - ADMIN. C. OWlSION Cwnt” Lands II -“,,’
' - WALKON OTHER RSN 02-08-42 BY: Karen L. !N Forsvth. Director I TIME REQUIRED: . 7. BACKGROUND: The Board ofCounty Commissionerscreated thecottage Point Waterline MSBU on August 13,2002, \ when it adopted Resolution Number 02-08-42. The principal purpose ofthe project is to provide and maintain essential municipal service, facilities and improvements for the residents of Cottage Point Subdivision, located off Summerlin Road. The cost of the I mprovements will be assessed proportionately against benefitted property owners. The attached copies of the Grant of I Jerpetual Public Waterline Utility Easement have been received from the following benefitted property owners:
Parcel 105 Earl & Edith Milligan Parcel 107 - Darlene F. Cook Parcel 11.2 Carl Henry Godert & Gloria Peggy Godert Parcel 120 - Michael J. O’Donnell Parcel 144 - Dennis W. Plowman Parcel 155 Ruth M. Gibbons & Richard J. Mei Parcel 158 Bruce W. Fulkerson Parcel 160 Velma Jean Coulter Parcel 162 - Edwin H. & Catherine M. Noyes Parcel 163 - Leroy N. & Lois M. Fose
The original documents are in the files of County Lands and will be recorded upon approval by the Board of County Commissioners. There remains 19 more properties for which easement conveyances to the County are required for the :ompletion of the project.
:unds are available in Account Number: 80715335283.506511
staff Recommends Board approve the Requested Motion
3. MANAGEMENT RECOMMENDATIONS:
9. RECOMMENDED APPROVAL:
10. CDMM~SS~ON ACTION:
COUNTY ADMIN.
Division of County lands Page 1 of 1
Ownership Only Search Search No. 22312 Date: December 5, 2002 Parcel: 105 Project: Cottage Point (CPMSBU)
To: J. Keith Gomez From: Shelia A
Property Acquisition Agent Real Estate Titl
STRAP: 02-46-23-02-OOOOG.0720
Effective Date: November 24, 2002, at 500 p.m,
Subject Property: Lot 72, Block “G”, COTTAGE POINT SUBDIVISION, a subdivision according to the plat thereof, as recorded in Plat Book 9, Page 133 and Deed Book 259, Pages 222-226, in the Public Records of Lee County, Florida.
Title to the subject property is vested in the following:
Earl Milligan and Edith Milligan
by that certain instrument dated December 13, 2001, recorded December 21, 2001, in Official Record Book 3545, Page 875, Public Records of Lee County, Florida.
Note (1): Deed of Restrictions for Cottage Point, recorded in Miscellaneous Book 38, Page 89, as amended in Miscellaneous Book 48, Page 463, Public Records of Lee County, Florida.
Note (2): Grant of Perpetual Sewer Easement to Lee County, recorded in Official Record Book 2293, Page 4066, Public Records of Lee County, Florida.
Note (3): Deed recorded November 18,1998 in Official Record Book 3038, Page 1700, Public Records of Lee County, Florida, attempts to convey subject property to the trust rather than the trustee of the trust. This mu&be addressed and resolved~by,the Title Cernpany or Attorney that ~handles the transfer to the County. t’ i’l’ c .‘I,~$ .!, ‘fi .I r.1:~
Tax Status: 2002 Ad Valorem Taxes are PAID IN FULL (The end user of this report is responsible for verifying tax and/or assessment information.)
The Division of County Lands has made a diligent search of the Public Record. However, this report contains no guarantees nor warranty as to its accuracy.
* c
This Instrument Prepared by: PUBLIC WORKS/COUNTY LANDS DIVISION P.O. Box 398 Fort Myers, FL 33902-0398 Parcel: 105 Project: Cottage Point MSBU STRAP No.: 02-46-23-02OOOOG.0720
W~GINA:~ I)OC~~MENIS REIAINED IN COllNrY LANDS FILES FOR HANDLING III‘ON BOARD ACCEPTANCE,
THIS SPACE FOR RECORDING
GRANT OF PERPETUAL PUBLIC WATERLINE UTILITY EASEMENT
This INDENTURE, made and entered into this _ day of 120-. by and between
EARL MILLIGAN and EDITH MILLIGAN, husband and wife, Owners, whose address is 13151 Point Breeze Drive,
Fort Myers, FL 33908, hereinafler “Grantor”, and LEE COUNTY, a political subdivision of the State of Florida, whose
address is P.O. Box 398, Fort Myers, FL 33902-0398, hereinafter “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, and
located and described as set forth in Exhibit “A” attached hereto and made a part hereof.
2. Grantee, its successors, appointees and assigns, are hereby granted the right, privilege, and authority to
construct, replace, renew, extend and maintain public watertine utility facilities, to include water systems, with all
appurtenances thereto, to be located on, under, above, across, through and within the easement which is located ,’ \
on the property described in Exhibit “A”, with the additional right, privilege and authority to remove, replace, repair
and enlarge said facilities within said easement, and to trim and remove roots, trees, shrubs, bushes and plants and
remove fences or any other improvements which may affect the operation of the public utility facilities or Grantee’s
use of the easement.
3. The public utility easement will not be limited to any particular diameter size or type or number of
connections to other similar facilities for providing public utility service to this and any adjacent properties. The total
area of this public utility easement is reserved for the public utility lines, mains, or other utility facilities and for any
landscaping (excluding trees), walkways, roadways, drainage ways, or similar type uses. Houses, fences, buildings,
carports, garages, storage sheds, overhangs or any other structures will not be constructed upon or placed within
this easement at any time, present or future, by Grantor, or its heirs, successors or assigns.
4. Title to all public utility facilities constructed or placed hereunder will remain in the Grantee, Grantee’s
successors, appointees or assigns, or the public utility providing the service.
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 covenants that it is lawfully seized and possessed of the real property described in Exhibit ‘“A”,
has good and lawful right and power to sell and convey the property, and that the said property is free and clear of
all liens and encumbrances, except as herein stated, and accordingly, Grantor will forever warrant and defend the
title and terms to this said easement and the quiet possession thereof against all claims and demands of all other
entities.
Division of County lands Page 1 of 1
Ownership and Easement Search Search No. 22314 Date: November 6, 2002 Parcel: 107 Project: Cottage Point (CPMSBU)
,To: J. Keith Gomez From: Shelia A. Bedwell,
Property Acquisition Agent Real Estate Title E
STRAP: 02-46-23-02-OOOOG.0750 \
Effective Date: October 30, 2002, at 800 p.m.
Subject Property: Lots 75 and 76, Block G, COTTAGE POINT SUBDIVISION, a subdivision according to the map or plat thereof recorded in Plat Book 9, at P,age 133, of the Public Records of Lee County, Florida.
Title to the subject property is vested in the following:
Darlene F. Cook
by that certain instrument dated March 31, 1999, recorded April 5, 1999, in Official Record Book 3099, Page 3350, Public Records of Lee County, Florida.
1. Covenants, conditions, easements and restrictions contained in Deed of Restrictions recorded in Miscellaneous Book 38, Page 89, as amended in Miscellaneous Book 48, Page 463, Public Records of Lee County, Florida.
2. Grant of Perpetual Sewer Easement to Lee County, recorded in Official Record Book 2425, Page 3541, Public Records of Lee County, Florida.
Tax %&us: 2001 Ad Valorem Taxes are PA/D IN FULL; 2002 taxes are now due and payable (The end user of this report is responsible for verifying tax and/or assessment information.)
The Division of County Lands has made a diligent search of the Public Record. However, this report contains no guarantees nor warranty as to its accuracy.
L:\Co(taga~oinflTifleSeerch\Z23r4oBe. wpd(fs 1 l/6/02)
This Instrument Prepared by: This Instrument Prepared by: PUBLIC WORKS/COUNTY LANDS DIVISION PUBLIC WORKS/COUNTY LANDS DIVISION P.O. Box 398 P.O. Box 398 Fort Myers, FL 33902-0398 Fort Myers, FL 33902-0398 Parcel: 107 Parcel: 107 Project: Cottage Point MSBU Project: Cottage Point MSBU STRAP No.: 02-46-23-02-OOOOG.0750 STRAP No.: 02-46-23-02-OOOOG.0750
THIS SPACE FOR RECORDING
GRANT OF PERPETUAL PUBLIC WATERLINE UTILITY EASEMENT
This INDENTURE, made and entered into this _ day of 120-* by and between
DARLENE F. COOK, Owner, whose address is 7794 Templin Road, Blanchester, Ohio 45107, hereinafter
“Grantor”, and LEE COUNTY, a political subdivision of the State of Florida, whose address is P.O. Box 398, Fort
Myers, FL 33902-0398. hereinafter “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, and
located and described as set forth in Exhibit “A” attached hereto and made a part hereof.
2. Grantee, its successors, appointees and assigns, are hereby granted the right, privilege, and authority to
construct, replace, renew, extend and maintain public waterlin tility facilities, to include water systems, with all
appurtenances thereto, to be located on, under, above, ac d&t
on the property described in Exhibit “A”, with the additr 6y ‘i;b- a@
and enlarge said facilities within said easemen
remove fences or any other improvements w ?#
Y rough and within the easement which is located
ht, rvrlege and authority to remove. replace, repair
&d remove roots, trees, shrubs, bushes and plants and 6- 0
h m ‘0
use of the easement. ,.__-17
ect the operation of the public utility facilities or Grantee’s
3. The public utility easement will not be limited to any particular diameter size or type or number of
connections to othersimilarfacilitiesfor providing public utility service to this and any adjacent properties. The total
area of this public utility easement is reserved for the public utility lines, mains, or other utility facilities and for any
landscaping (excluding trees), walkways, roadways, drainage ways, or similar type uses. Houses, fences, buildings,
carports, garages, storage sheds, overhangs or any other structures will not be constructed upon or placed within
this easement at any time, present or future, by Grantor, or its heirs, successors or assigns
4. Title to all public utility facilities constructed or placed hereunder will remain in the Grantee, Grantee’s
successors, appointees or assigns, or the public utility providing the service.
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 covenants that it is lawfully seized and possessed of the real property described in Exhibit “A”,
has good and lawful right and power to sell and convey the property , and that the said property is free and clear of
all liens and encumbrances, except as herein stated, and accordingly, Grantor will forever warrant and defend the
title and terms to this said easement and the quiet possession thereof against all claims and demands of all other
‘~ Graniof Perpetual Public Utility Easement Page 2 Project: Cottage Point MSBU
6. Grantor, its heirs, successors or assigns, assume all liabilityforany consequential damages to any houses,
fences, buildings, carports, garages, storage sheds, overhangs, or any other structures or portions of structures
subsequently constructed by Grantor in violation of Paragraph 3, herein, which result from the 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 office or employment unc@r circumstances in which a private person would
be found to be liable in accordancewith the general lawsof the,\Jate of Florida, and subject to the limitations as set 4
out in Section 768.28, Florida Statutes, as it may&k revised, amended or renumbered from time to time.
8. Grantee is hereby granted a rea @able right of access across Grantor’s property for the purposes of < ,,’ ~~., ” “’
reaching the easement described in 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 will be restored
by the Grantee or the particular utility providing service, to the condition in which it existed prior to the damage to
the extent reasonably practicable. Grantee agrees to coordinate each activity within the easement premises in
advance with the manager of the U.S. Postal Service, so as not to interfere with the Postal Service operations.
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. If Grantee fails to utilize the granted easement
for the purposes as set out herein and for the time as set out in Section 255.22, Florida Statutes, then this easement
will be extinguished pursuant to law.
10. THIS EASEMENT will be binding upon the parties hereto, their successors and assigns.
IN WITNESS WHEREDF,&fke F. cook , Grantor, has caused this document to be signed on the date first above written.
SIGNED, SEALED AND DELIVERED
uu DARLENE F. COOK, Grantor
Printed/name of 2nd Witness
” Grantof Perpetual Public Utility Easement Page 3 Project: Cottage Point MSBU
STATE OF fi;-oe’,i)A )
COUNTYOF L?t
The foregoing instrument was L/+.?L F; C0.k
produced
, who i has
as identification.
J/j ,+,,A Gnmrz (Name’typed, Ginted or stamped) (Title or Rank) (Serial Number, if any)
S:\POOL\Cottagepoint\Conveyance Documents\107 PWUE.wpd
Exhibit “A” (Cottage Point)
All Roads and Roadways as shown on the Plat of COTTAGE POINT according to the map or plat thereof on file and recorded in Plat Book 9, Page 133, Public Records of Lee County, Florida, and as shown on that certain map or plat attached to that certain Deed recorded in Deed Book 259, Pages 222 and 223, Public Records of Lee County, Florida, the said map or plat being recorded in said Deed Book 259, Pages 224, 225 and 226, Public Records of Lee County, Florida.
Division of County Lands Page 1 of 2
Ownership Only Search Search No. 22319 Date: November 22,2002 Parcel: 112 Project: Cottage Point (CPMSBU)
To: J. Keith Gomez
Property Acquisition Agent
STRAP: 02-46-23-02-0000G.0810
Effective Date: November 13, 2002, at 5:00 p.m.
Subject Property: Lot 81, Block “G”, COTTAGE POINT, an unrecorded subdivision according to the plat thereof, as recorded in Deed Book 289, Page 224, in the Public Records of Lee County, Florida.
Title to the subject property is vested in the following:
Carl Henry Godert and Gloria Peggy Godert
by that certain instrument dated January 24, 1991, recorded January 24, 1991, in Official Record Book 2199, Page 1366, Public Records of Lee County, Florida.
NOTE (1):
NOTE (2):
NOTE (3):
NOTE (4):
J NOTE (5):
Deed of Restrictions for Cottage Point, recorded in Miscellaneous Book 38, Page 89, as amended in Miscellaneous Book 48, Page 463, Public Records of Lee County, Florida.
Deed recorded January24, 1990 in Official Record Book, 2123, Page 1866, Public Records of Lee County, Florida, has no witnesses and does not contain marital status nor homestead status. This must be addressed and resolved by the Title~Company or. Attorney that handles the transfer to the County: ,><,, ,,;,,,. II -‘.ri ~I(,:., ic,,; ,+ ( I, ,
,i ‘: I Deed recorded January 24,1991, in Official Record Book 2199, Page 1366; Public Records of Lee County, Florida, does not contain marital status of the grantor(s), joinder by spouse, or statement regarding homestead status of subject property. -This. must be addressed and resolved by the Title Company or Attorney that handles the transferto the County. (, ; ,, CJJ~~~. /‘;I ~J.‘..‘., ‘I ii ,I,‘jct qir ., -~’ +,,,i
,,
Grant of Perpetual Easement to Lee County, recorded in Official Record Book 2347, Page 3704, Public Records of Lee County, Florida.
McGregor II Sewer Assessment due and payable in the current amount of $1,689.61, good through November 30,2002.
Tax Status: 2002 Ad Valorem Taxes are PAID IN FULL. (The end user of this report is responsible for verifying tax and/or assessment information.)
S:IPOOL\Coftagepointl~lieS~a~hl223i~~~. wpd(mdl l/209/02)
Division of County Lands Page 2 of 2
Ownership Only Search Search No. 22319 Date: November 22,2002 Parcel: 112 Project: Cottage Point (CPMSBU)
The Division of County Lands has made a diligent search of the Public Record. However, this report contains no guarantees nor warranty as to Its accuracy.
This Instrument Prepared by: PUBLIC WORKS/COUNTY LANDS DIVISION P.O. Box 398 Fort Myers, FL 33902-0398 Parcel: 112 Project: Cottage Point MSBU STRAP No.: 02-46-23-02-00006.0810
OHItilNAI UiiCUMENl~S RLIAIIIEI) IN COllNrY (LANDS FILES COK HANDLING lIPON BOARD ACCEPTANCE.
THIS SPACE FOR RECORDING
GRANT OF PERPETUAL PUBLIC WATERLINE UTILITY EASEMENT
This INDENTURE, made and entered into this _ day of ,20-. by and between
CARL HENRY GODERT and GLORIA PEGGY GODERT, Owners, whose address is 13690 Grackle Drive, Fort
Myers, FL 33908, hereinafter “Grantor”, and LEE COUNTY, a political subdivision of the State of Florida, whose
address is P.O. Box 398, Fort Myers, FL 33902-0398, hereinafter “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, and
located and described as set forth in Exhibit “A” attached hereto and made a part hereof.
2. Grantee, its successors, appointees and assigns, are hereby granted the right, privilege, and authority to
construct, replace, renew, extend and maintain public waterline utility facilities, to include water systems, with all
appurtenances thereto, to be located on, under, above, across, through and within the easement which is located
on the property described in Exhibit “A”, with the additional right, privilege and authority to remove, replace, repair
and enlarge said facilities within said easement, and to trim and remove roots, trees, shrubs, bushes and plants and
remove fences or any other improvements which may affect the operation of the public utility facilities or Grantee’s
use of the easement.
3. The public utility easement will not be limited to any particular diameter size or type or number of
connections to other similar facilities for providing public utility service to this and any adjacent properties. The total
area of this public utility easement is reserved for the public utility lines, mains, or other utility facilities and for any
landscaping (excluding trees), walkways, roadways, drainage ways, or similar type uses. Houses, fences, buildings,
carports, garages, storage sheds, overhangs or any other structures will not be constructed upon or placed within
this easement at any time, present or future, by Grantor, or its heirs, successors or assigns.
4. Title to all public utility facilities constructed or placed hereunder will remain in the Grantee, Grantee’s
successors, appointees or assigns, or the public utility providing the service.
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 covenants that it is lawfully seized and possessed of the real property described in Exhibit ‘“A”,
has good and lawful right and power to sell and convey the property , and that the said property is free and clear of
all liens and encumbrances, except as herein stated, and accordingly, Grantor will forever warrant and defend the
title and terms to this said easement and the quiet possession thereof against all claims and demands of all other
entities.
Grant of Perpetual Public Utility Easement Page 2 Project: Cottage Point MSBU
6. Grantor, its heirs, successors orassigns, assume all liabilityforanyconsequential damages toany houses,
fences, buildings, carports, garages, storage sheds, overhangs, or any other structures or portions of structures
subsequently constructed by Grantor in violation of Paragraph 3, herein, which result from the 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 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 is hereby granted a reasonable right of access across Grantor’s property for the purposes of
reaching the easement described in 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 will be restored
by the Grantee or the particular utility providing service, to the condition in which it existed prior to the damage to
the extent reasonably practicable. Grantee agrees to coordinate each activity within the easement premises in
advance with the manager of the U.S. Postal Service, so as not to interfere with the Postal Service operations.
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. If Grantee fails to utilize the granted easement
for the purposes as set out herein and for the time as set out in Section 255.22, Florida Statutes, then this easement
will be extinguished pursuant to law.
10. THIS EASEMENT will be binding upon the parties hereto, their successors and assigns.
IN WITNESS WHEREOF, “kL tichY 6vh7 b4J , Grantor, has caused this document to be signed on the date first above written. bL-a#d PF&q OdCA7
SIGNED, SEALED AND DELIVERED IN T E PRESENC OF TWO WITNESSES:
7ktL a+- CARL HENRY GOD
P o%r.t.J/, /< ,‘th &kn~= Printed name of 2nd Witness
Grant of Perpetual Public Utility Easement Page 3 Project: Cottage Point MSBU
1st WITNESS Signature
,2@WITNESS’Signat#e
STATE OF/;or;da )
COUNNOF &z
The foregoin instrument was acknowle Carl ck,, 4 oLP+ aoA r57lorl’rc
(names of persons’ack have produced &;~efr L;c QHJLS
(type of identification)
(SEAL)
Joseph Keith Gmez ~Commlwion 11 ,CC 924702 5 EnPlree~l3&2w4
Auanlic Bondii co., Inc.
(Name’typed, printed or stamped) (Title or Rank) (Serial Number, if any)
S:\POOL\CottagepoinRConveyance Documents\112 PWUE.wpd
.
Exhibit “A” (Cottage Point)
All Roads and Roadways as shown on the Plat of COTTAGE POINT according to the map or plat thereof on file and recorded in Plat Book 9, Page 133, Public Records of Lee County, Florida, and as shown on that certain map or plat attached to that certain Deed recorded in Deed Book 259, Pages 222 and 223, Public Records of Lee County, Florida, the said map or plat being recorded in said Deed Book 259, Pages 224,225 and 226, Public Records of Lee County, Florida.
Division of County Lands Page 1 of 1
Ownership Only Search Search No. 22324 Date: December 6, 2002 Parcel: 120 Project: Cottage Point (CPMSBU)
To: J. Keith Gomez From: Shelia A. Bed
Property Acquisition Agent Real Estate Tit
STRAP: 02-46-23-02-OOOOG.Ol9O
Effective Date: November 24, 2002, at 800 p.m
Subject Property: Lot 19, Block G, COTTAGE POINT, as recorded in Plat Book 9, Page 133, Public Records of Lee County, Florida.
Title to the subject property is vested in the following:
Midiael J. O’Donnell
by that certain instrument dated August 13, 1999, recorded March 20, 2001, in Official Record Book 3379, Page 1324, Public Records of Lee County, Florida.
NOTE(l):
NOTE(2):
NOTE(3):
NOTE(4):
Deed of Restrictions for Cottage Point, recorded in Miscellaneous Book 38, Page 89, as amended in Miscellaneous Book 48, Page 463, Public Records of Lee County, Florida.
Grant of Perpetual Sewer Easement to Lee County, recorded in Official Record Book 2413, Page 1107, Public Records of Lee County, Florida.
Mortgage executed by Michael J. O’Donnell in favor of Steven Dominic and Kimberly Dominic, dated February 23, 2001, recorded March 20, 2001, in Official Record Book 3379, Page 1325, Public Records of Lee County, Florida.
Mortgage executed by Michael J. O’Donnell, a single man, in favor of SouthTrust Mortgage Corporation, dated April 5, 2002, recorded April 17, 2002, in Official Record Book 3624, Page 4208, Public Records of Lee County, Florida.
Tax Status: 2002 Ad Valorem Taxes are PAD IN FULL. (The end user of this report is responsible for verifying tax and/or assessment information.)
The Division of County Lands has made a diligent search of the Public Record. However, this report contains no guarantees nor warranty as to its accuracy.
L:\Co~agepoinflTilleSearch\22324oo. wpd(fs 1X/02)
This Instrument Prepared by: PUBLIC WORKS/COUNTY LANDS DIVISION P.O. Box 398 Fort Myers, FL 339020398 Parcel: 120 Project: Cottage Point MSBU STRAP No.: 02-46-23-02-0000G.0190
OKlGlNAl DOCIJMEN~IS RETAINED IN COlJNTY LANDS Filets FOR HANDLIN6 il!‘ON HOARD ACCEP~lANCE ,,
THIS SPACE FOR RECORDING
GRANT OF PERPETUAL PUBLIC WATERLINE UTILITY EASEMENT
This INDENTURE, made and entered into this _ day of ,20-, by and between
MICHAEL J. O’DONNELL, Owner, whose address is 16945 Windcrest Drive, Fort Myers, Florida 33908, hereinafter
“Grantor”, and LEE COUNTY, a political subdivision of the State of Florida, whose address is P.O. Box 398. Fort
Myers, FL 33902-0398. hereinafter “Grantee”:
WITNESSETH
1. For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration,
the receipt of which is hereby acknowledged and accepted, Grantor hereby grants, bargains, sells and transfers to
the Grantee, its successors and assigns, a perpetual public utility easement situated in Lee County, Florida, and
located and described as set forth in Exhibit “A” attached hereto and made a part hereof.
2. Grantee, its successors, appointees and assigns, are hereby granted the right, privilege, and authority to
construct, replace, renew, extend and maintain public waterline utility facilities, to include water systems, with all
appurtenances thereto, to be located on, under, above, acrpss,:;y7robgb and within the easement which is located
on the property described in Exhibit ‘“A”, with the additiqn&i$ht: privilege and authority to remove, replace, repair /’ ,,
and enlarge said facilities within said easement, and to.bim a’&I remove roots, trees, shrubs, bushes and plants and ‘X\, .~
remove fences or any other improvements which r&y affeafhe operation of the public utility facilities or Grantee’s ,
use of the easement. i .~_ :
3. The public utility easement will not be limited to any particular diameter size or type or number of
connections to other similar facilities for providing public utility service to this and any adjacent properties. The total
area of this public utility easement is reserved for the public utility lines, mains, or other utility facilities and for any
landscaping (excluding trees), walkways, roadways, drainage ways, or similar type uses. Houses, fences, buildings,
carports, garages, storage sheds, overhangs or any other structures will not be constructed upon or placed within
this easement at any time, present or future, by Grantor, or its heirs, successors or assigns.
4. Title to all public utility facilities constructed or placed hereunder will remain in the Grantee, Grantee’s
successors, appointees or assigns, or the public utility providing the service.
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 covenants that it is lawfully seized and possessed of the real property described in Exhibit ‘“A”,
has good and lawful right and power to sell and convey the property, and that the said property is free and clear of
all liens and encumbrances, except as herein stated, and accordingly, Grantor will forever warrant and defend the
title and terms to this said easement and the quiet possession thereof against all claims and demands of all other
Grant of Perpetual Public Utility Easement Page 2 Project: Cottage Point MSBU
6. Grantor, its heirs, successorsor assigns, assumeall Iiabilityforanyconsequential damages toany houses,
fences, buildings, carports, garages, storage sheds, overhangs, or any other structures or portions of structures
subsequently constructed by Grantor in violation of Paragraph 3, herein, which result from the 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 negllgent or wrongful act(s) or omlsslon(s) of any official or employee of the Grantee while
acting within the scope of the official’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 is hereby granted a reasonable right of access across Grantor’s property for the purposes of
reaching the easement described in 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 will be restored
by the Grantee or the particular utility providing service, to the condition in which it existed prior to the damage to
the extent reasonably practicable. Grantee agrees to coordinate each activity within the easement premises in
advance with the manager of the U.S. Postal Service, so as not to interfere with the Postal Service operations.
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. If Grantee fails to utilize the granted easement
for the purposes as set out herein and for the time as set out in Section 255.22, Florida Statutes, then this easement
will be extinguished pursuant to law.
10. THIS EASEMENT will be binding upon the’parttes hereto, their successors and assigns.
IN WITNESS WHEREOF, .%K<cra~, J V’&,~L~I ( signed on the date first above written.
, Grantor, has caused this document to be
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF TWO WITNESSES:
7.5c+k+ 1st WITNESS Signature
Printed name of 2nd Witness
MICHAEL J. O’DO
Grant of Perpetual Public Utility Easement Page 3 Project:Cottage Point MSBU
COUNNOF lie
acknowledged before me this /4ay of/efP&i & ,2oQ$tJy , who-has
/ produced TL
(name of person acknowledged) A&; tic I L ,lc QJ- .59/ - o as identification.
(type of identification) / /~:T
A&nature of Notary Nblic d (SEAL)
Joseph K&h Gomez ~rbnml~don U CC 924102 p Explre$2@24
Athntic Lbndiilg co., Inc.
x5, CLCL~ (Name typed, printed or stamped) (Title or’Rank) (Serial Number; if any)
: ‘,
S:\POOL\Cottagepoint\Canveyance Documents\120 PWtJE.wpd
Exhibit “A” (Cottage Point)
All Roads and Roadways as shown on the Plat of COTTAGE POINT according to the map or plat thereof on file and recorded in Plat Book 9, Page 133, Public Records of Lee County, Florida, and as shown on that certain map or plat attached to that certain Deed recorded in Deed Book 259, Pages 222 and 223, Public Records of Lee County, Florida, the said map or plat being recorded in said Deed Book 259, Pages 224,225 and 226, Public Records of Lee County, Florida.
Division of County Lands Page 1 of 1
Ownership Only Search Search No. 22344 Date: December 3,2002 Parcel: 144 Project: Cottage Point (CPMSBU)
To: J. Keith Gomez From: Shelia A. Bedwell,
Property Acquisition Agent Real Estate Title
STRAP: 02-46-23-02-OOOOG.0400
Effective Date: November 17, 2002, at 500 p.m
Subject Property: Lot 40, Block G, COTTAGE POINT, according to the plat thereof on file and recorded in the Office of the Circuit Court recorded in Deed Book 259, Page 224, in the Public Records of Lee County, Florida.
Title to the subject property is vested in the following:
Dennis W. Plowman
by that certain instrument dated June 15, 2001, recorded July 12, 2001, in Official Record Book 3449, Page 595, Public Records of Lee County, Florida.
NOTE (1): Deed of Restrictions for Cottage Point, recorded in Miscellaneous Book 38, Page 89, as amended in Miscellaneous Book 48, Page 463, Public Records of Lee County, Florida.
NOTE (2): Grant of Perpetual Sewer Easement to Lee County, recorded in Official Record Book 2413, Page 1055, Public Records of Lee County, Florida.
NOTE (3): Mortgage executed by Dennis W. Plowman, an unmarried man, in favor of GMAC Mortgage Corporation, dated July 5, 2001, recorded July 12, 2001, in Official Record Book 3449, Page 596, Public Records of Lee County, Florida.
Tax Status: 2001 Ad Valorem Taxes are PAID IN FULL: 2002 taxes are now due and payable. (The end user of this report is responsible for verifying fax and/or assessment information.)
The Division of County Lands has made a diligent search of the Public Record. However, this report contains no guarantees nor warranty as to its accuracy.
S:lPOOL~CotlagepointlTitleSearchl22344oo. wpd(mdl112502)
’ ‘P I
This instrument Prepared by: PUBLIC WORKS/COUNTY LANDS DIVISION P.O. Box 398 Fort Myers, FL 33902-0398 Parcel: 144 Project: Cottage Point MSBU STRAP No.: 02-46-23-02-OOOOG.0400
i,lRIGINAI~ DOCUMEN~IS REl~AINtD IN COIJNrY i~.ANO: FILtS FOR HANDLING WON ROAR0 ACCEPTANCF,.
THIS SPACE FOR RECORDING
GRANT OF PERPETUAL PUBLIC WATERLINE UTILITY EASEMENT
This INDENTURE, made and entered into this _ day of / m..& by and between
DENNIS W. PLOWMAN, a single person, Owner, whose address is 13131 Cajuput Drive, Fort Myers, Florida
33908, hereinafler”Grantor”, and LEE COUNTY, a political subdivision of the State of Florida, whose address is P.O.
Box 398, Fort Myers, FL 33902-0398, hereinafter “Grantee”:
WITNESSETH
1. For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration,
the receipt of which is hereby acknowledged and accepted, Grantor hereby grants, bargains, sells and transfers to
the Grantee, its successors and assigns, a perpetual public utility easement situated in Lee County, Florida, and
located and described as set forth in Exhibit “A” attached hereto and made a part hereof.
2. Grantee, its successors, appointees and assignsFare hereby granted the right, privilege, and authority to c.:, :
construct, replace, renew, extend and maintain pubJi:~t~#~~ utility facilities, to include water systems, with all
appurtenances thereto, to be located on, unde~,&&e$cross. through and within the easement which is located ..> ‘.
on the property described in Exhibit ‘“A”, wjth,t& ad$i&al right, privilege and authority to remove, replace, repair
and enlarge said facilitieswithin said ease&.ent,$i& trim and remove roots, trees, shrubs, bushes and plants and
remove fences or any other \, ,~.‘i
improvements which may affect the operation of the public utility facilities or Grantee’s
use of the easement.
3. The public utility easement will not be limited to any particular diameter size or type or number of
connections to other similar facilities for providing public utility service to this and any adjacent properties. The total
area of this public utility easement is reserved for the public utility lines, mains, or other utility facilities and for any
landscaping (excluding trees), walkways, roadways, drainage ways, or similar type uses. Houses, fences, buildings,
carports, garages, storage sheds, overhangs or any other structures will not be constructed upon or placed within
this easement at any time, present or future, by Grantor, or its heirs, successors or assigns.
4. Title to all public utility facilities constructed or placed hereunder will remain in the Grantee, Grantee’s
successors, appointees or assigns, or the public utility providing the service.
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 covenants that it is lawfully seized and possessed of the real property described in Exhibit “A”,
has good and lawful right and power to sell and convey the property, and that the said property is free and clear of
all liens and encumbrances, except as herein stated, and accordingly, Grantor will forever warrant and defend the
title and terms to this said easement and the quiet possession thereof against all claims and demands of all other
entities
‘Grant 6f Perpetual Public Utility Easement Page 2 Project: Cottage Point MSBU
6. Grantor, its heirs, successorsorassigns, assumeall liabilityforanyconsequential damages toany houses,
fences, buildings, carports, garages, storage sheds, overhangs, or any other structures or portions of structures
subsequently constructed by Grantor in violation of Paragraph 3. herein, which result from the 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 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 is hereby granted a reasonable right of access across Grantor’s property for the purpdses of
reaching the easement described in 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 will be restored
by the Grantee or the particular utility providing service, to the condition in which it existed prior to the damage to
the extent reasonably practicable. Grantee agrees to coordinate each activity within the easement premises in
advance with the manager of the U.S. Postal Service, so as not to interfere with the Postal Service operations.
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, If Grantee fails to utilize the granted easement
for the purposes as set out herein and for the time as set out in S&ion 255.22, Florida Statutes, then this easement
will be extinguished pursuant to law. i ‘, ,:,, ,_.
10. THIS EASEMENT will be binding upon the paiti&+hereto, their successors and assigns.
IN WITNESS WHEREOF, 23 c34lrS Iv. , Grantor, has caused this document to be signed on the date first above written.
SIGNED, SEALED AND DELIVERED
DENNIS W. PLOWMAN, Grantor
Grant of Perpetual Public Utility Easement Page 3 Project: Cottage Point MSBU
STATE OF /&,,‘&a )
COUNTY OF Lc,Z
(name of person acknowledged) has produced &;YP~ Lr L -OJ+ as identification.
(type of identification) -
(SEAL)
Joseph Keith Gomez (Name ty$ed, printed or stamped) 5 -,Commlsllon #$!C924702
f W~~l2CW (Title or Rank) (Serial Number, if any)
Aumtic Bondisq co. lap
S:\POOL\Cottagepoint\Conveyance Documents\144 PWUE.wpd
Exhibit “A” (Cottage Point)
All Roads and Roadways as shown on the Plat of COTTAGE POINT according to the map or plat thereof on file and recorded in Plat Book 9, Page 133, Public Records of Lee County, Florida, and as shown on that certain map or plat attached to that certain Deed recorded in Deed Book 259, Pages 222 and 223, Public Records of Lee County, Florida, the said map or plat being recorded in said Deed Book 259, Pages 224,225 and 226, Public Records of Lee County, Florida.
Division of County Lands
To: J. Keith Gomez
Property Acquisition Agent
STRAP: 02-46-23-02-OOOOG.0270
Page 1 of 1 Ownership Only Search Search No.22355 Date: December 52002 Parcel: 155 Project: Cottage Point (CPMSBU)
From:
Effective Date: November 23, 2002, at 500 pm
Subject Property: Lot 27, Block G, Cottage Point, an unrecorded subdivision according to the map or Plat thereof recorded in Deed Book 259, Page 224, Public Records of Lee County, Florida.
Title to the subject property is vested in the following:
Ruth M. Gibbons and Richard J. Mei, as joint tenants with full rights of survivonhip.
by that certain instrument dated February 6, 1996, recorded February 19, 1996, in Official Record Book 2677, Page 3569, Public Records of Lee County, Florida.
NOTE(l): Deed of Restrictions for Cottage Point, recorded in Miscellaneous Book 38, Page 89, as amended in Miscellaneous Book 48, Page 463, Public Records of Lee County, Florida.
NOTE(2): Deed recorded April 17, 1981 in Official Record Book 1595, Page 720, Public Records of Lee County, Florida, does not contain marital status of the grantor(s), joinder by spouse, or statement regarding homestead status of subject property. This must be addressed and resolved by the Tile Company or Attorney that handles the transfer to the County. ‘( ..a,., ,‘.,I -,.,: :.. ,. , ,., f, , _ .~;p, I
,, ”
NOTE(3): Grant of Perpetual Sewer Easement to Lee County, recorded in Official Record Book 2428, Page 220, Public Records of Lee County, Florida.
Tax Status: 2002 Ad Valorem Taxes are PAID IN FULL. (The end user of this report is responsible for verifying tax and/or assessment information.)
The Division of County Lands has made a diligent search of the Public Record. However, this report contains no guarantees nor warranty as to its accuracy.
L:\Coffagepoint\TiNeSearch\22355oo.wpd(fs 12/5/02)
, ’ This Instrument Prepared by: PUBLIC WORKS/COUNTY LANDS DIVISION P.O. Box 398 Fort Myers, FL 33902-0398 Parcel: 155 Project: Cottage Point MSBU STRAP No.: 02-46-23-02-OOOOG.0270
THIS SPACE FOR RECORDING
GRANT OF PERPETUAL PUBLIC WATERLINE UTILITY EASEMENT
This INDENTURE, made and entered into this _ day of I 20-! byandbetween
RUTH M. GIBBONS and RICHARD J. MEI, a/k/a RICHARD MEI, Owners, whose address is 13120 Point Breeze
Drive, Fort Myers, FL 33908, hereinafter “Grantor”, and LEE COUNTY, a political subdivision of the State of Florida,
whose address is P.O. Box 398, Fort Myers, FL 33902-0398, hereinafter “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, and
located and described as set forth in Exhibit “A” attached hereto and made a part hereof.
2. Grantee, its successors, appointees and assigns, are hereby granted the right, privilege, and authority to
construct, replace, renew, extend and maintain public waterline utility facilities, to include water systems, with all
appurtenances thereto, to be located on, under, above, across, through and within the easement which is located
on the property described in Exhibit “A”, with the additional right, privilege and authority to remove, replace, repair
and enlarge said facilities within said easement, and to trim and remove roots, trees, shrubs, bushes and plants and
remove fences or any other improvements which may affect the operation of the public utility facilities or Grantee’s
use of the easement.
3. The public utility easement will not be limited to any particular diameter size or type or number of
connections to other similar facilities for providing public utility service to this and any adjacent properties. The total
area of this public utility easement is reserved for the public utility lines, mains, or other utility facilities and for any
landscaping (excluding trees), walkways, roadways, drainage ways, or similar type uses. Houses, fences, buildings,
carports, garages, storage sheds, overhangs or any other structures will not be constructed upon or placed within
this easement at any time, present or future, by Grantor, or its heirs, successors or assigns.
4. Title to all public utility facilities constructed or placed hereunder will remain in the Grantee, Grantee’s
successors, appointees or assigns, or the public utility providing the service.
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 covenants that it is lawfully seized and possessed of the real property described in Exhibit ‘“A”,
has good and lawful right and power to sell and convey the property , and that the said property is free and clear of
all liens and encumbrances, except as herein stated, and accordingly, Grantor will forever warrant and defend the
title and terms to this said easement and the quiet possession thereof against all claims and demands of all other
entities
.I ‘,
Grant of Perpetual Public Utility Easement Page 2 Project: Cottage Point MSBU
6. Grantor, its heirs, successors or assigns, assumeall liabilityforanyconsequential damages to any houses,
fences, buildings, carports, garages, storage sheds, overhangs, or any other structures or portions of structures
subsequently constructed by Grantor in violation of Paragraph 3, herein, which result from the 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 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 is hereby granted a reasonable right of access across Grantor’s property for the purposes of
reaching the easement described in 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 will be restored
by the Grantee or the particular utility providing service, to the condition in which it existed prior to the damage to
the extent reasonably practicable. Grantee agrees to coordinate each activity within the easement premises in
advance with the manager of the U.S. Postal Service, so as not to interfere with the Postal Service operations.
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. If Grantee fails to utilize the granted easement
for the purposes as set out herein and for the time as set out in Section 255.22, Florida Statutes, then this easement
will be extinguished pursuant to law.
10. THIS EASEMENT will be binding upon the parties hereto, their successors and assigns
IN WITNESS WHEREOF, ehrh‘q. G*Ly &Ufl’rc-
d” 3. NE, signed on the date first above written.
, Grantor, has caused this document to be
SIGNED, SEALED AND DELIVERED
Printed name of 2nd Witness
Grant of Perpetual Public Utility Easement Page 3 Project: Cottage Point MSBU
Ku 5 lst,WlTNESS Signature
Printed name of 2nd Witness
0 STATE OF 50,; rb- )
COUNTY OF La&
The foregoing instr=eLtF acknowledged before me this <day of Rh/z ei’. G,~hanp
~oov’czrw ~~~~ .20 02: bv car L7; L
(names of persons acknowledg:d) ,whom c
have produced .& I-,-L/Lb-S rcw -3%
4.c (.n <Cd I c,,y as identification, (type of identification)
(SEAL)
Joseph Keith Gomez ~Commtin # CC 924702 5 Ex$~;~A$~ZO
Athdic amlding a.. Inc.
(Name typed, printed or stamped) (Title or Rank) (Serial Number, if any)
S:\POOL\Cottagepoint\Conveyance Documents\155 PWUE.wpd
Exhibit “A” (Cottage Point)
All Roads and Roadways as shown on the Plat of COTTAGE POINT according to the map or plat thereof on file and recorded in Plat Book 9, Page 133, Public Records of Lee County, Florida, and as shown on that certain map or plat attached to that certain Deed recorded in Deed Book 259, Pages 222 and 223, Public Records of Lee County, Florida, the said map or plat being recorded in said Deed Book 259, Pages 224,225 and 226, Public Records of Lee County, Florida.
Division of County lands Page 1 of 1
Ownership Only Search Search No.22358 Date: December 5,2002 Parcel: 158 Project: Cottage Point (CPMSBU)
To: J. Keith Gomez From: Shelia A. Bedwel
Property Acquisition Agent Real Estate Title
STRAP: 02-48-23-02-OOOOG.0300
Effective Date: November 23, 2002, at 500 p.m.
Subject Property: Lot 30, Block G, COTTAGE POINT SUBDIVISION, unrecorded subdivision, according to the plat thereof recorded in Deed Book 259, Page 224, of the Public Records of Lee County, Florida.
Title to the subject property is vested in the following:
Bruce W. Fulkerson
by that certain instrument dated January 25, 1999, recorded January 28, 1999, in Official Record Book 3069, Page 1104, Public Records of Lee County, Florida.
Note (1): Deed of Restrictions for Cottage Point, recorded in Miscellaneous Book 38, Page 89, as amended in Miscellaneous Book 48, Page 463, Public Records of Lee County, Florida.
Note (2): Grant of Perpetual Sewer Easement to Lee County, recorded in Official Record Book 2414, Page 1079, Public Records of Lee County, Florida.
Tax Status: Tax certificates 31-032515 and 02-032784 outstanding for taxes for2000 and 2001; taxes for 2002 are now due and payable. (The end user of this report is responsible for verifying tax and/or assessment information.)
The Division of County Lands has made a diligent search of the Public Record. However, this report contains no guarantees nor warranty as to its accuracy.
L:\Cottagepohl\TitleSesrch\22358oo. wpd(fs 12/5/02)
This Instrument Prepared by: PUBLIC WORKS/COUNTY LANDS DIVISION P.O. Box 398 Fort Myers, FL 33902-0398 Parcel: 158 Project: Cottage Point MSBU STRAP No.: 02-48-23-02-OOOOG.0300
:i~l<;lNAl~ [)i)CtlMtNiS RETRAINED IN I:OIINIY I~ANDS FILES FOR tiANDLIHG LI?CN ROAR0 ACCEP1NCE.
THIS SPACE FOR RECORDING
GRANT OF PERPETUAL PUBLIC WATERLINE UTILITY EASEMENT
This INDENTURE, made and entered into this _ day of I20-, by and between
BRUCE W. FULKERSON, a single man, Owner, whose address is 11370 Dogwood Lane, Fort Myers, FL 33931,
hereinafler”Grantor”, and LEE COUNTY, a political subdivision of the State of Florida, whose address is P.O. Box
398, Fort Myers, FL 33902-0398, hereinafter “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, and
located and described as set forth in Exhibit “A” attached hereto and made a part hereof.
2. Grantee, its successors, appointees and assigns, are hereby granted the right, privilege, and authority to
construct, replace, renew, extend and maintain public waterline utility facilities, to include water systems, with all
appurtenances thereto, to be located on, under. above, across, through and within the easement which is located
on the property described in Exhibit “A”, with the additional right, privilege and authority to remove, replace, repair
and enlarge said facilities within said easement, and to trim and remove roots, trees, shrubs, bushes and plants and
remove fences or any other improvements which may affect the operation of the public utility facilities or Grantee’s
use of the easement.
3. The public utility easement will not be limited to any particular diameter size or type or number of
connections to other similar facilities for providing public utility service to this and any adjacent properties. The total
area of this public utility easement is reserved for the public utility lines, mains, or other utility facilities and for any
landscaping (excluding trees), walkways, roadways, drainage ways, or similar type uses. Houses, fences, buildings,
carports, garages, storage sheds, overhangs or any other structures will not be constructed upon or placed within
this easement at any time, present or future, by Grantor, or its heirs, successors or assigns.
4. Title to all public utility facilities constructed or placed hereunder will remain in the Grantee, Grantee’s
successors, appointees or assigns, or the public utility providing the service.
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 covenants that it is lawfully seized and possessed of the real property described in Exhibit “A”,
has good and lawful right and power to sell and convey the property , and that the said property is free and clear of
all liens and encumbrances, except as herein stated, and accordingly, Grantor will forever warrant and defend the
title and terms to this said easement and the quiet possession thereof against all claims and demands of all other
entities.
Grant of Perpetual Public Utility Easement Page 2 Project: Cottage Point MSBU
6. Grantor, its heirs, successorsorassigns. assumeall liabilityforanyconsequential damages toany houses,
fences, buildings, carports, garages, storage sheds, overhangs, or any other structures or portions of structures
subsequently constructed by Grantor in violation of Paragraph 3, herein, which result from the 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 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 is hereby granted a reasonable right of access across Grantor’s property for the purposes of
reaching the easement described in 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 will be restored
by the Grantee or the particular utility providing service, to the condition in which it existed prior to the damage to
the extent reasonably practicable. Grantee agrees to coo&ate each activity within the easement premises in
advance with the manager of the U.S. Postal Service, so a¬ to interfere with the Postal Service operations.
9. By acceptance of this easement, the Grantee~assumes no responsibility for ownership or maintenance
of any associated roads. The easement is strictly forutilitypurposes. If Grantee fails to utilize the granted easement
for the purposes as set out herein and for the time as set out in Section 255.22, Florida Statutes, then this easement
will be extinguished pursuant to law.
10. THIS EASEMENT will be binding upon the parties hereto, their successors and assigns.
IN WITNESS WHEREOF, &YC &‘. riLfk(v8.J signed on the date first above written.
, Grantor, has caused this document to be
SEALED AND D
& &AA BRUCE W. FULKERSON, Grantor
(/J.f.a>4 k~L,-;h Gome& Printed name of 2nd Witness
Grant of Perpetual Public Utility Easement Page 3 Project: Cottage Point MSBU
STATE OF fi;or;&- )
COUNTY OF Lee 1
The foregoing instrument was acknowledged before me this Gay of ~~vI&I( ,20xQ3 by a,,.. d. fr(a(CrJor, , who-has
(name of person produced 2% &r;vrr f,Lcr~~e
acknowledged) ( J1Sa) as identification.
(type of identification)
(SEAL)
(Title or tiankj (Serial Number, if any)
Joseph Keith Coma @nmi8aion #CC 9.24702 - Explrea April 3.2~
eondcdnLru Adantic Bonding Co., h
S:\POOL\Cottagepoint\Conveyance Documents\158 PWUE.wpd
Exhibit “A” (Cottage Point)
All Roads and Roadways as shown on the Plat of COTTAGE POINT according to the map or plat thereof on file and recorded in Plat Book 9, Page 133, Public Records of Lee County, Florida, and as shown on that certain map or plat attached to that certain Deed recorded in Deed Book 259, Pages 222 and 223, Public Records of Lee County, Florida, the said map or plat being recorded in said Deed Book 259, Pages 224,225 and 226, Public Records of Lee County, Florida.
Division of County Lands
To: J. Keith Gomez
Property Acquisition Agent
STRAP: 02-46-23-02-OOOOG.0320
Page 1 of 1 Ownership Only Search
Search No. 22360 Date: December 9, 2002 Parcel: 160 Project: Cottage Point (CPMSBU)
From: Shelia A. Bedwell
Real Estate Title
Effective Date: November 24, 2002, at 600 p.m,
Subject Property: Lot 32, Block G, Cottage Point Subdivision, according to the plat thereof recorded in Plat Book 9, Page 133, of the Public Records of Lee County, Florida, and according to the map or plat attached to the deed recorded in Deed Book 259, at Page 224, of the Lee County Public Records.
Title to the subject property is vested in the following:
Velma Jean Coulter
by that certain instrument dated June 9, 1997, recorded August 22, 1997, in Official Record Book 2859, Page 2092, Public Records of Lee County, Florida.
Note (1): Deed of Restrictions for Cottage Point, recorded in Miscellaneous Book 38, Page 89, as amended in Miscellaneous Book 48, Page 463, Public Records of Lee County, Florida.
Note (2): Grant of Perpetual Sewer Easement to Lee County, recorded in Official Record Book 2412, Page 230, Public Records of Lee County, Florida.
Tax Status: 2002 Ad Valorem Taxes are PAID IN FULL. (The end user of this report is responsible for verifying tax and/or assessment information.)
The Division of County Lands has made a diligent search of the Public Record. However, this report contains no guarantees nor warranty as to its accuracy.
S:~POOL\Cotiage~ointl~tl~Searchi2236O~o. wpd(fs 12/6/02)
.
This Instrument Prepared by: PUBLIC WORKS/COUNTY LANDS DIVISION P.O. Box 398 Fort Myers, FL 33902-0398 Parcel: 160 Project: Cottage Point MSBU STRAP No.: 02-46-23-02-OOOOG.0320
vKIGINAI DOCUMENTS REl~AINED IN COUNrY I AND.5 FILES FOR HANDLING Ili’17N ROAKO ACCEP TNCf: ,
THIS SPACE FOR RECORDING
GRANT OF PERPETUAL PUBLIC WATERLINE UTILITY EASEMENT
This INDENTURE, made and entered into this0Jday of J.2L.C I 2OQ by and between
VELMA JEAN COULTER, Owner, whose address is 118 Duncan Drive, Butler, PA 16001, hereinafler “Grantor”,
and LEE COUNTY, a political subdivision of the State of Florida, whose address is P.O. Box 398, Fort Myers, FL
33902-0398, hereinafter “Grantee”:
WITNESSETH
1. For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration,
the receipt of which is hereby acknowledged and accepted, Grantor hereby grants, bargains, sells and transfers to
the Grantee, its successors and assigns, a perpetual ~I$J~C utility easement situated in Lee County, Florida, and
located and described as set forth in Exhibit “A” atts$+here~o and made a part hereof.
2. Grantee, its successors, appointee,5 anda&$hs, are hereby granted the right, privilege, and authority to
construct, replace, renew, extend and maintain &bli~waterline utility facilities, to include water systems, with all
appurtenances thereto, to be located on, under, above, across, through and within the easement which is located
on the property described in Exhibit ‘“A”, with the additional right, privilege and authority to remove, replace, repair
and enlarge said facilities within said easement, and to trim and remove roots, trees, shrubs, bushes and plants and
remove fences or any other improvements which may affect the operation of the public utility facilities or Grantee’s
use of the easement.
3. The public utility easement will not be limited to any particular diameter size or type or number of
connections to other similar facilities for providing public utility service to this and any adjacent properties. The total
area of this public utility easement is reserved for the public utility lines, mains, or other utility facilities and for any
landscaping (excluding trees), walkways, roadways, drainage ways, or similar type uses. Houses, fences, buildings,
carports, garages, storage sheds, overhangs or any other structures will not be constructed upon or placed within
this easement at any time, present or future, by Grantor, or its heirs, successors or assigns.
4. Title to all public utility facilities constructed or placed hereunder will remain in the Grantee, Grantee’s
successors, appointees or assigns, or the public utility providing the service
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 covenants that it is lawfully seized and possessed of the real property described in Exhibit “A”,
has good and lawful right and power to sell and convey the property, and that the said property is free and clear of
all liens and encumbrances, except as herein stated, and accordingly, Grantor will forever warrant and defend the
title and terms to this said easement and the quiet possession thereof against all claims and demands of all other
entities.
Grant of Perpetual Public Utility Easement Page 2 Project: Cottage Point MSBU
6. Grantor, its heirs, successorsorassigns, assume all liabilityforany consequential damages toany houses,
fences, buildings, carports, garages, storage sheds, overhangs, or any other structures or portions of structures
subsequently constructed by Grantor in violation of Paragraph 3, herein, which result from the 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 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 is hereby granted a reasonable right of access across Grantor’s property for the purposes of
reaching the easement described in 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 easementwill be restored
by the Grantee or the particular utility providing service, to the c 8
ndition in which it existed prior to the damage to
the extent reasonably practicable. Grantee agrees to coordjnate each activity within the easement premises in
advance with the manager of the U.S. Postal Service, so as:,n@ To.fnterfere with the Postal Service operations.
9. By acceptance of this easement, the Grantee&sumes no responsibility for ownership or maintenance
of any associated roads. The easement is strictly for L’P ~: tjjity pdrposes. If Grantee fails to utilize the granted easement /.-.. y,. ,,‘;
for the purposes as set out herein and for the [email protected] rn Section 255.22, Florida Statutes, then this easement
will be extinguished pursuant to law. ‘\:
10. THIS EASEMENT will be binding upon the parties hereto, their successors and assigns.
IN WITNESS WHEREOF, Lmr SC, Lo-lie< signed on the date first above written.
, Grantor, has caused this document to be
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF TWO WITNESSES:
1st WITNESS Signature
2nd WITNE S Signature
d Et-L\\ L KEEN5 Printed name of 2nd Witness
. .‘i
Grant of Perpetual Public Utility Easement Page 3 Project: Cottage Point MSBU
STATE OF )
COUNTY OF ;
ed before me this & day of DEL ,2Oa, by who is personally known to me or has
(type of identification) as identification.
(SEAL) Signature of Notary Pubticj
Dlfin’A L 2 i-t-&D (Name typed, printed or stamped) (Title or Rank)
S:\POOL\Cottagepoint\Conveyance Documents\160 PWUE.wpd
Exhibit “A” (Cottage Point)
All Roads and Roadways as shown on the Plat of COTTAGE POINT according to the map or plat thereof on file and recorded in Plat Book 9, Page 133, Public Records of Lee County, Florida, and as shown on that certain map or plat attached to that certain Deed recorded in Deed Book 259, Pages 222 and 223, Public Records of Lee County, Florida, the said map or plat being recorded in said Deed Book 259, Pages 224, 225 and 226, Public Records of Lee County, Florida.
Division of County Lands
To: J. Keith Gomez
Property Acquisition Agent
STRAP: 02-46-23-02-OOOOG.0340
Page 1 of 1 Ownership Only Search Search No. 22362 Date: December 4,2002 Parcel: 162 Project: Cottage Point (CPMSBU)
From: Shelia A. Bedwell,
Real Estate Title
Effective Date: November 21, 2002, at 5:00 p.m.
Subject Property: Lot 34, Block G, COTTAGE POINT SUBDIVISION, according to the plat attached to deed recorded in Deed Book 259, Page 222, etc., Public Records of Lee County, Florida.
Title to the subject property is vested in the following:
Edwin H. Noyes and Catherine M. Noyes, husband and wife
by that certain instrument dated June 6, 1995, recorded October 3, 1995, in Official Record Book 2639, Page 4087, Public Records of Lee County, Florida.
Easements:
Note (1): Deed of Restrictions for Cottage Point, recorded in Miscellaneous Book 38, Page 89, as amended in Miscellaneous Book 48, Page 463, Public Records of Lee County, Florida.
Note (2): Grant of Perpetual Sewer Easement to Lee County, recorded in Official Book 2428, Page 224, Public Records Of Lee County, Florida.
Tax %&us: 2002 Ad Valorem Taxes are PAD IN FULL. (The end user of this report is responsible for verifying tax and/or assessment information.)
The Division of County Lands has made a diligent search of the Public Record. However, this report contains no guarantees nor warranty as to its accuracy.
L:\Cottagepoint\TitleSea~h~2362w. wpd(l2/04/02)
.’
This Instrument Prepared by: PUBLIC WORKS/COUNTY LANDS DIVISION P.O. Box 398 Fort Myers, FL 33902-0398 Parcel: 162 Project: Cottage Point MSBU STRAP No.: 02-46-23-02-OOOOG.0340
i,HILiNXI UOCUMFNT~S RETAINEIJ IN COIINIY LANDS f~Il.t.5 tOR tIANDLING Ili’ON ROAR11 ACCEP TAtiCE I
THIS SPACE FOR RECORDING
GRANT OF PERPETUAL PUBLIC WATERLINE UTILITY EASEMENT
This INDENTURE, made and entered into this b day of &@Q, ,20aby and between
EDWIN H. NOYES and CATHERINE M. NOYES, husband and wife, Owners, whose address is 4240 Adams
Circle, Wayne, Ml 48184, hereinafter “Grantor”, and LEE COUNTY, a political subdivision of the State of Florida,
whose address is P.O. Box 398, Fort Myers, FL 33902-0398, hereinafter “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, and
located and described as set forth in Exhibit “A” attached hereto and made a part hereof.
2. Grantee, its successors, appointees and assigns, are hereby granted the right, privilege, and authority to
construct, replace, renew, extend and maintain public waterline utility facilities, to include water systems, with all / :
appurtenances thereto, to be located on, under, above, across. through and within the easement which is located
on the property described in Exhibit “A”, with the additional right, privilege and authority to remove, replace, repair
and enlarge said facilities within said easement, atid to trim and remove roots, trees, shrubs, bushes and plants and
remove fences or any other improvements whidh:.may’&ect the operation of the public utility facilities or Grantee’s
use of the easement. I, ,I,
3. The public utility easement will not be limited to any particular diameter size or type or number of
connections to other similar facilities for providing public utility service to this and any adjacent properties. The total
area of this public utility easement is reserved for the public utility lines, mains, or other utility facilities and for any
landscaping (excluding trees), walkways, roadways, drainage ways, or similartype uses. Houses, fences, buildings,
carports, garages, storage sheds, overhangs or any other structures will not be constructed upon or placed within
this easement at any time, present or future, by Grantor, or its heirs, successors or assigns.
4. Title to all public utility facilities constructed or placed hereunder will remain in the Grantee, Grantee’s
successors, appointees or assigns, or the public utility providing the service,
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 covenants that it is lawfully seized and possessed of the real property described in Exhibit “A”,
has good and lawful right and power to sell and convey the property , and that the said property is free and clear of
all liens and encumbrances, except as herein stated, and accordingly, Grantor will forever warrant and defend the
title and terms to this said easement and the quiet possession thereof against all claims and demands of all other
entities
Grant of Perpetual Public Utility Easement Page 2 Project: Cottage Point MSBU
6. Grantor, its heirs, successors or assigns, assume all liabilityforanyconsequential damages toany houses,
fences, buildings, carports, garages, storage sheds, overhangs, or any other structures or portions of structures
subsequently constructed by Grantor in violation of Paragraph 3, herein, which result from the 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 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 is hereby granted a reasonable right of access across Grantor’s property for the purposes of
reaching the easement described in 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 will be restored
by the Grantee or the particular utility providing service, to the condition in which it existed prior to the damage to
the extent reasonably practicable. Grantee agrees to coor$nat ! each activity within the easement premises in 4
advance with the manager of the U.S. Postal Service, so “of?$yterfere with the Postal Service operations.
9. By acceptance of this easement, the Gran e. ’ sknes no responsibility for ownership or maintenance cv of any associated roads. The easement is strictly for t”,
,~-. \\ ~~.,,~L, ~ity\urposes. If Grantee fails to utilize the granted easement
for the purposes as set out herein and for the tim 2 s$&hn Section 255.22, Florida Statutes, then this easement c../
:> will be extinguished pursuant to law.
10. THIS EASEMENT will be binding upon the parties hereto, their successors and assigns.
IN WITNESS WHEREOF, r&~;d A. ur,d- &+lre,,,,( 4. 0~e/es , Grantor, has caused this document to be signed on the date first above written. /
SIGNED, SEALED AND DELIVERED
ti 22 zih-p-- EDWIN H. NOYES, Grantor fl
?kwzJ&~ P s Gaua Printed name of 2nd Witness
. .
Grant of Perpetual Public Utility Easement Page 3 Project: Cottage Point MSBU
%-fat/ R s cA?9pc=n Printed name of 2nd Witness
STATEOF MT ) COUNTY OF ti)ln e ;
as identification.
(SEAL)
(Title or Rank)
, ,ClYcz pYYYv”Y I .+ W I I” - _. --. .__
(tvpe of identification) .~.
dL.4 cj (g$&&,lnaJ.-)
dlid
\..-.- -. I
(Serial Number, if any)
S:\POOL\Cottagepoint\Conveyance Documents\162 PWUE.wpd
Exhibit “A” (Cottage Point)
All Roads and Roadways as shown on the Plat of COTTAGE POINT according to the map or plat thereof on file and recorded in Plat Book 9, Page 133, Public Records of Lee County, Florida, and as shown on that certain map or plat attached to that certain Deed recorded in Deed Book 259, Pages 222 and 223, Public Records of Lee County, Florida, the said map or plat being recorded in said Deed Book 259, Pages 224,225 and 226, Public Records of Lee County, Florida.
Division of County lands Page 1 of 1
Ownership Only Search Search No. 22363 Date: December 11, 2002 Parcel: 163 IL Project: Cottage Point (CPMSBU)
To: J. Keith Gomez
Property Acquisition Agent
From: Shelia A. Bedw -. Real Estate Title
STRAP: 02-46-23-02-OOOOG.0350
Effective Date: November 28, 2002, at 5:00 p.m.
Subject Property: Lot 35, Block G, of that certain subdivision known as COTTAGE POINT, according to the map or plat thereof on file and recorded in the Office of the Clerk of the Circuit Court of Lee County, Florida, in Plat Book 9, Page 133 and according to the map or plat attached to and made a part of Deed recorded in Deed Book 259, Page 224, Public Records of Lee County, Florida.
Title to the subject property is vested in the following:
Leroy N. Fose and Lois M. Fose, husband and wife
by that certain instrument dated May 18, 1989, recorded February 27, 1990, in Official Record Book 2131, Page 473, Public Records of Lee County, Florida.
Note (1): Deed of Restrictions for Cottage Point, recorded in Miscellaneous Book 38, Page 89, as amended in Miscellaneous Book 48, Page 463, Public Records of Lee County, Florida.
Note (2): Deed recorded February 23, 1983, in Official Record Book 1659, Page 2296, Public Records of Lee County, Florida, does not contain marital status of the grantor(s), joinder by spouse, or statement regarding homestead status of subject property.--This must be addressed and resolved by the Title Company or Attorney that handles the transfer to the County. &, i ~I._, ~, I ’ .,~, (1\,) ‘I ,:*,I>,\, ,((
Note (3): Grant of Perpetual Sewer Easement to Lee County, Florida recorded in Official Record Book 2414, Page 1083, Public Records of Lee County, Florida.
Tax Status: 2001 Ad Valorem Taxes are PAID IN FULL; 2002 taxes are now due and payable. (The end user of this report is responsible for verifying tax and/or assessment information.)
The Division of County Lands has made a diligent search of the Public Record. However, this report contains no guarantees nor warranty as to its accuracy.
I .
This Instrument Prepared by: PUBLIC WORKS/COUNTY LANDS DIVISION P.O. Box 398 Fort Myers, FL 33902-0398 Parcel: 163 Project: Cottage Point MSBU STRAP No.: 0246-23-0%OOOOG.0350
ORIGINAI~ DOCUHEN’IS RETAINED IN COUNrY I ANDS FILES FOR HANDLING WON 8ilAKIl ACc‘EP I~ANCF: _
THIS SPACE FOR RECORDING
GRANT OF PERPETUAL PUBLIC WATERLINE UTILITY EASEMENT
This INDENTURE, made and entered into this _ day of ,20-, byandbetween
LEROY N. FOSE and LOIS M. FOSE, husband and wife, Owners, whose address is 13200 Point Breeze Drive,
Fort Myers, FL 33908, hereinafter “Grantor”, and LEE COUNTY, a political subdivision of the State of Florida, whose
address is P.O. Box 398, Fort Myers, FL 33902-0398, hereinafter “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 F
sement situated in Lee County, Florida, and
located and described as set forth in Exhibit “A” attached herete_and~made a part hereof.
2. Grantee, its successors, appointees and assigns e
construct, replace, renew, extend and maintain public 9
r& ranted the right, privilege, and authority to
$‘. ”
yJJi5
ubkty facilities, to include water systems, with all
appurtenances thereto, to be located on, under, a , o , through and within the easement which is located
on the property described in Exhibit “A”, with the a ‘ti I right, privilege and authority to remove, replace, repair
and enlarge said facilities within said easement, and to trim and remove roots, trees, shrubs, bushes and plants and
remove fences or any other improvements which may affect the operation of the public utility facilities or Grantee’s
use of the easement.
3. The public utility easement will not be limited to any particular diameter size or type or number of
connections to other similar facilities for providing public utility service to this and any adjacent properties. The total
area of this public utility easement is reserved for the public utility lines, mains, or other utility facilities and for any
landscaping (excluding trees), walkways, roadways, drainage ways, or similar type uses. Houses, fences, buildings,
carports, garages, storage sheds, overhangs or any other structures will not be constructed upon or placed within
this easement at any time, present or future, by Grantor, or its heirs, successors or assigns,
4. Title to all public utility facilities constructed or placed hereunder will remain in the Grantee, Grantee’s
successors, appointees or assigns, or the public utility providing the service.
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 covenants that it is lawfully seized and possessed of the real property described in Exhibit “A”,
has good and lawful right and power to sell and convey the property , and that the said property is free and clear of
all liens and encumbrances, except as herein stated, and accordingly, Grantor will forever warrant and defend the
title and terms to this said easement and the quiet possession thereof against all claims and demands of all other
entities.
Grant of Perpetual Public Utility Easement Page 2 Project: Cottage Point MSBU
6. Grantor, its heirs, successorsorassigns, assumeall liabilityforanyconsequential damages toany houses,
fences, buildings, carports, garages, storage sheds, overhangs, or any other structures or portions of structures
subsequently constructed by Grantor in violation of Paragraph 3, herein, which result from the 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 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 is hereby granted a reasonable right of access across Grantor’s property for the purposes of
reaching the easement described in 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 will be restored
by the Grantee or the particular utility providing service, to the c&ldition in which it existed prior to the damage to
the extent reasonably practicable. Grantee agrees to co ,&$at&ach activity within the easement premises in
advance with the manager of the U.S. Postal Service, s H as f&t to interfere with the Postal Service operations.
9. .:z:-,,: .,” Jo
By acceptance of this easement, the Gra toe as”mes no responsibility for ownership or maintenance
of any associated roads. The easement is strictly I &&.&poses. If Grantee fails to utilize the granted easement
for the purposes as set out herein and for the time ” L s&out in Section 255.22, Florida Statutes, then this easement
will be extinguished pursuant to law.
10. THIS EASEMENT will be binding upon the parties hereto, their successors and assigns.
IN WITNESS WHEREOF.krOv N: FOJC m& &is M. 60~~ , Grantor, has caused this document to be signed on the date first above written.
SIGNED, SEALED AND DELIVERED I HE PRESENCE OF TWO WITNESSES:
&‘U
~~~~~~~ dGicoi??2?
P&J’. Printed name of 2nd Witness
Grant of Perpetual Public Utility Easement Page 3 Project: Cottage Point MSBU
LOti M. FOSE, Grantor
Printed name of 2nd Witness i’i
,.”
STATE OF 6w, & ) ,, I ,,:
COUNNOF &e ; \_ .. ;. ‘, \y, :
The fore oing instrument was;acknowle~$ before me this & day of / N:iiL o/d &&‘ /y. 0
, ZO+by )ccem beg r-0” , who ar
I (names of p:rsons acknowledged) have produced by,,; ./1-~d C, L~~J-S as identification.
(type of identification)
(SEAL)
Joseph Keith l%mez .Oommlwbn u cc 924702 ;: Explre~d3&2004
.Admtk Bonding co., Inc.
(Name t$ped, printed or stamped) (Title or Rank) (Serial Number, if any)
S:\POOL\Cottagepoint\Conveyance Documents\163 PWLEwpd
Exhibit “A” (Cottage Point)
All Roads and Roadways as shown on the Plat of COTTAGE POINT according to the map or plat thereof on file and recorded in Plat Book 9, Page 133, Public Records of Lee County, Florida, and as shown on that certain map or plat attached to that certain Deed recorded in Deed Book 259, Pages 222 and 223, Public Reco@ of Lee County, Florida, the said map or plat being recorded in said Deed Book 259, Pages 224,225 and 226, Public Records of Lee County;,Florida.