LEECOUNTYBOARDOFCOUNTYCOMMISSIONERS AGENDAITEMSUMMARY BLUE SHEETNO: 20050049-UTL

l. REQUESTEDMOTION: ACTIONREQUESTED: A

J prove final acceptance, by Resolution, and recordin% of a utility easement as a donation for one fire hydrant serving

A C Fine Wine und Spirits. This is a Developer con&l uted asset project located on the northeast corner of US 41 and Ben C. Pratt Six Mile Cypress Parkway.

WHYACTIONISNECESSARY: 1’0 prowde water serwce, sewer service and fire protection to the recently constructed commercial building.

5. REQITIHEMENT/PITRPOSE:

A OTHER wr. Easement

A. COMMISSIONE B. DEPARTMENT: c. DI"lSIONiSECT

us Blue Sheet number is provided

Funds are available for recording fees in account number OD5360748700.504930.

SECTION 25 TOWNSHIP 45s RANGE 24E DISTRICT # 2 COMMISSIONER ST. CERNY

MANAGEMENTRECOMMENDATIONS:

9. RECOMMENDEDAPPROVAL

(PLEASE READ INSTRUCTLONS BEFORE COMPLETlNGJ

ce, IY ll”, aYal,auc please call county Pmperty Appraiser’s Dffice) +

2 Mark (x) all or cutout from that apply another parcel? -+ ~ ~~-~I

EASEMENT DONATION BY: J & J REAL ESTATE, LTD. 3. GrantOr (Seller):

Las1 First MI Cor~~rete Name Of applicable) .~~~ 8989 SOUTH ORANGE AVENUE ORLANDO FL .32859 ( )

Mailing AddEss City Stat* Zip Code Phone No. A GranteetBuyer):RICX DIAZ, P.R. UTIL. DIR. FOR LEE CO. BD. OF CO. COW+¶ISSIONERS

LaSl Fint MI Corporate Name (if applicable) P. 0. BOX 398 FT. MYERS FL 33902 , 23q4798181

Mailing Address City

I

Iate Recorded IA IJ / [-_A ‘d / i-~j i 1; ( ! J hkrdt! Day Ye**

This COW to Prorbertv ADDraiser

Ml II Ill FCCRlO24OWl

FLORIDA DEPARTMENT OF REVENUE DR-219 RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY R. 07198

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

1. Parcel ,de”tXcaUon Number 0123456189 0123456789 r Ilf Parcel ID not svailde

25452400000090030 Tramaction 15 a split hopedy was imfxoved

2. Mark(x) aH MUlti-pa~l or cutoul from with building(s) at lime lha1 apply transadion? + enothwpacel? -+ Of s&nran?.fer? -+

RASBMENTDONATION BY: J k J REAL ESTATE, LTD. 3. Grantor (seller):

8 9 8 9 SOT&' ORANGE AVENUEFirs’ ORLANDt?' corporate Name (tt applicable)

FL 32859 , ) Mailing Address city FOR Lg'=~. :Irz& cYlF=~~~ISSIONERS

4. Granlee (Buyer): RICK DIAZ, P.E. UTIL. DIR. Last Firs1

FT. MYYER! Corpo,ale Name (if applicable)

P. 0. BOX 398 FL 33902 ( 2334798181 Mailing Address City state Zip Code Phone No.

5. Dale of SaleiTramfer sale/Transfer Price

$ . 0 0 ;gz& 46 Cou”~Cade Month D=Y Year (Round lo ttm “earesl dollar.)

5. Type of Document ContractlAgreement x Olhw 7. Are any mwlgages on the pmperty? If “Yes”, YES far Deed outstanding mwlgqje balance:

Warranty Cuil Claim (Round lo Ihe nearest dollar.) $ Deed .O"o"

Deed

8. To the best of your lmowlwl!~~, were them unusuat circumstances or ccmdiliins lo the salellmnsfw swzh as: Forced sate by court wdefl Foreclosure pending? Distress Sale? Tttte defeds? Cormdive Deed? Mineral rights? Sale of a partial M undivided intwesl? Related lo seller by blood M mai-da!X% YES NO

S. Was the saleAwfer fkmced? YES NO If “Yes’, please indicate type or types of financing:

Agreementor COnVEHlti~al Seller Pmvtded Contract for Deed 0lh.S

Institutional/ 10. Proper!y Type: Residential Cammedal Industrial Agricutlu~ MkQllaneous Go”er”me”, vacant A-=v* ‘timeshare

Mark (x) all that appty

1,. To the baa, cdyour knowledge, was penond ~~=rty YES *NO s included in the sale/transfer? If Yes”, please stale the a,,,..,,,,,, albibutabte to the personal property. (Round lo lb+ nearest dollar.)

12. Amount of Documentary Stamp Tax A 4 t I\ I

Cents . 00

To be completed by the Clerk of the Circuit Court’s &ic Clerks Date Stamp

This copy to Department of Revenue

Date Recorded Month Day Year

This copy to Department of Revenue

RESOLUTION NO.

RESOLUTION ESTABLISHING UTILITY ACCEPTANCE OF DEVELOPER CONTRIBUTED ASSETS

IN LEE COUNTY, FLORIDA

WHEREAS, it is the desire of “J & 1 Real Estate, Ltd.“, owner of record, to make a contribution to Lee county Utilities of water facilities (one

fi re hydrant) serving “ABC FINE WINE & SPIRITS”; and,

WHEREAS, Lee COtInty Utilities requires proof of a Release of Lien, a Warranty (one-year) on all labor and materials, an accurate value of contributed assets, and right-of-way and/or easement-indemnity granted for all systems being contributed to Lee County Utilities; and,

WHEREAS, all of the above information has been received and approved as complete by Lee county Utilities; and,

WHEREAS, Lee County Utilities has recommended to the Board of County Commissioners that the above-named system operation, and maintenance.

be accepted for ownership,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA, that the above facilities, for a contributed value of $7,540.00 is hereby ACCEPTED and acknowledged as an addition to Lee county Utilities.

THE FOREGOING RESOLUTION was offered by Commissioner moved for its adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows:

Commissioner lanes (1)

commissioner St. Cerny: (2)

Commissioner Judah: (3)

Commissioner Hal 1 : (4)

Commissioner Albion: (5)

DULY PASSED AND ADOPTED this day of

who

ATTEST: BOARD OF COUNTY COMMISSIONERS CHARLIE GREEN, CLERK OF LEE COUNTY, FLORIDA

By: By: DEPUTY CLERK CHAIRMAN

APPROVED AS TO FORM

OFFICE OF COUNTY ATTORNEY

DATE: 12/20/2004

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

Gentlemen:

This is to certify that the water distribution and fire hydrant(s) systems located in ABC Fine Wiie & Spirits

(Name of Development)

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

the approved plans and the approved specifications

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

Bacteriological Test

and Pressure Test(s) - Water Main

Very UY you=., M. Wjlliam Morris, PE

(Signature)

Authorized Agent (Title) (Seal of Engineering Firm)

(Fwms - Letter of Completion -Revised O&1003)

GM2060 - ABC LiqwrsUkcummts\OZO60 04-12-16 LCU LmerofCompletion.doc

ABC FINE WINE AND SPIRITS N 25-45-24-00-000-09.0030 E

LEE COUNTY COMMISSION DISTRICTS 1. ROBERT JANES ;. EJGJEZT. CERNY

4: TAMMY HALL 5. JOHN ALRION

COMMlsElON DIETRICT E0uNDARlE5 DRCEMEER woo

11.2

WARRANTY

THE UNDERSIGNED parties do hereby warrant and/or guaranty all work executed by the contractor on the water and sewer svstems of ABC FINE WINE & SPIRITS to be free from defects in material and workmanship for a period of one (1) year from the date of acceptance by the Lee County Board of County Commissioners. The undersigned parties further agree that they will, at their own expense, repair and replace all such defective work and all other work damaged by said defective work under this Warranty-Guaranty

It is furthermore understood that the consideration for the giving of this warranty and/or guaranty is the requirement by the General Conditions and Specifications under which the contract was let that such warranty and/or guaranty would be given.

STEVEN R. GOBLE

BY.1 Iccy/( (SIGmURE O-F OWNER/CONTRACTOR)

STATEOF FL 1 ) ss:

COUNTY OF LEE )

The foregoing instrument was signed and acknowledged before me this -& day of DEC.2004 by STEVEN R. GOBLE who is personally known to me - -, and who did take an oath.

El

(i’iotq Seal & Commission Number)

WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT

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

seven thousand five hundred forty dollars and no cents($7.540.00 1 hereby waivers and releases its lien and right to claim a lien for labor, services, or materials furnished to J & J REAL ESTATE on the

job of ABC FINE WINE & SPIFUTS to the following described property:

ABC FINE WlNE & SPIRITS water distribution and sanitary sewer systems (Name of Development/Project) (Facilities Constructed)

14725 S. TAMIAMI TRAIL 25-42-24-00-00009.0030 (Location) (Strap # or Section, Township &Range)

(Please provide full name and location of development and a description of the utility system constructed).

GULF COAST UNDERGROUND, INC. (Name of Firm or Corporation)

By: STEVEN R. GOBLE (Print Name of Authorized Representative)

Title: PRESIDENT

3551 METRO PARKWAY (Address of Firm or Corporation)

FT. MYERS, FL 33916- (City, State & Zip Of Firm Or Corporation)

Phone #: (239)274-9504 Ext. Fax#: (239)274-9505

STATE OF FL

COUNTY OF LEE )

The foregoing instrument was signed and ac by STEVEN R. GOBLE who is personally

day of DEC. 2004 did take an oath.

11.5

CERTIFICATION OF CONTRIBUTORY ASSETS

PROJECT NAME: ABC FINE WINE & SPIRITS

STRAP NUMBER: 25-42-24-00-00009.0030

LOCATION: 14725 S. TAMIAMI TRAIL FT. MYERS FL.

OWNER’S NAME: J & J REAL ESTATE LTD

OWNER’S ADDRESS: 8989 S. ORANGE AVE

OWNER’S ADDRESS: ORLANDO,FL 32859-

TYPE UTILlTY 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.

ITEM SIZE OUANTITY UNIT UNITCOST TOTAL FIRE HYDRANT ASSEMBLY 1.0 EA $4,000.00 $4,000.00 SINGLE WATER SERVICE/COMPLETE I” 2.0 EA $520.00 $1,040.00

I I I I 1 TOTAL 5040.00

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

11.5

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

YQe (Signature of Certifying Agent)

STEVEN R. GOBLE PRESIDENT (Name & Title of Certifying Agent)

GULF COAST UNDERGROUND (Name of Firm or Corporation)

3551 METRO PARKWAY (Address of Firm or Corporation)

FT. MYERS, FL 33916 -

STATE OF FL ) ) ss:

COUNTY OF LEE 1

The foregoing instrument was signed and acknowledged before me this 1 day of December. 2004 by STEVEN R. GOBLE who is personally known to me - __ , and who did take an oath.

TIMOTHY J. WISE Printed Name of Notary Public

CC$OrrCI~ Notary Commission Number

11.5

CERTIFICATION OF CONTRIBUTORY ASSETS

PROJECT NAME: ABC FINE WINE & SPIRITS

STRAP NUMBER: 25-42-24-00-00009.0030

LOCATION: 14725 S. TAMIAMI TRAIL FT. MYERS FL.

OWNER’S NAME: J & J REAL ESTATE LTD

OWNER’S ADDRESS: 8989 S. ORANGE AVE

OWNER’S ADDRESS: ORLANDO,FL 32859-

TYPE UTILITY SYSTEM: SANITARY SEWER (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.

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

\~Scrver~atadrive\CCompanyData\G.C.U. DOCUMENTXlose Out PkgslABC LIQUOR WATER CONTRWJTORY.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.

STEVEN R. GOBLE PRESIDENT (Name & Title of Certifying Agent)

GULF COAST UNDERGROUND (Name of Firm or Corporation)

3551 METRO PARKWAY (Address of Firm or Corporation)

FT. MYERS, FL 33916 -

STATEOF FL ) ) ss:

COUNTY OF LEE )

The foregoing instrument was signed and acknowledged before me this 1 day of December, 2004 by STEVEN R. GOBLE who is personally known to me - ~, and who did take an oath.

TIMOTHY J. WISE Printed Name of Notary Public

Cc 7bS6\( Notary Commission Number (NOTARY SEAL)

Contractor’s Cctiifieation of Contributory Assets Form (January 2004)

\~~ervaidaradnve\C~ompanyDa~\G.C.U. DOCUMENTS\Clase Out PkgsV.BC LlQUOR - WATER CONTRIBUTORY.dac

FOR COPYING PURPOSES ONLY, DO NOT SIGN

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

Strap Number:

25-45-24-00-00009.0030

THISSPACERESERVEDFORRECORDE-3G

GRANT OF PERPETUAL PUBLIC UTILITY EASEMENT

THIS INDENTURE is day of 20s by and referred as GRANTOR(S), and LEE COUNTY, a political sub-division of the State of Florida, hereinafter referred to as GRANTEE.

W ITNESSETH:

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 lim ited to, all necessary service connections, manholes, valves, fire hydrants, lift stations and appurtenances, to be located on, under, across and through the easement which is located on the property described (Exhibit “A”), with the additional right, privilege and authority to remove, replace, repair and enlarge said system, and to trim and remove roots, trees, shrubs, bushes and plants, and remove fences or other improvements which may affect the operation of lines, mains and/or utility facilities.

LEECOUNTY JAN 0 7 10117*11s., 2005 II""ID" (Page 1 of 5) ".nr" " ___._... 1 "..L>Z. Ilbili_. r --.-^- * r--.* c _.._-.. .____^^ .___^..^ 2 c__ .,_^ ", ,- ̂ ,

3. The public utility easement will not be limited to any particular diameter size or type and/or number of connections to other water/sewer mains for providing water/sewer 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 ofice 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 COLWTY ~“1,1”1..1 Il.“PIO” (Page 2 of 5) nrnrn ” ̂ __^...., “...li_ ,>.ili_., c_ ._^_ * ?____ c _..__ .-* ____.. .___^_ _I .z^_ !I__ m 17 n.

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.

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

(Balance of Page Left Intentionally Blank)

LEE COUNTY .“l17**1s, 11”%1.” (Page 3 of 5) n3nrn n ̂--- *..-1 “..Ll<_ Il-ili-.. c _._-..- r__.* r . .._-.. .** ̂___. .____..^ * L”.. II^_ *, *? “.

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

oh , aA [I* W itness’ Signature]

. n\L &tw-

rype or Print Name]

[2nd Witne6 Signature]

cji%%5‘ L. /?dze?d pype or Print Name]

BY: bs

-xI4A L * G*,n,

[Type or Print Name]

LFO [Title]

STATE OF FLORIDA

COUNTY OF k

.%s The foregoing instrument was signed and acknowledged before me this &

day of 20&‘byb&r&r&o ~xi@ig?is-~ or is personally know to me,

and who didldid not take an oath.

[stamp or seal]

‘Jyped or Printed Name]

Approved and accepted for and on behalf of Lee County, Florida, this __ day of I 20-.

ATTEST: BOARD OF COUNTY COMMISSIONERS CHARLIE GREEN, CLERK OF LEE COUNTY, FLORIDA

BY: BY: Deputy Clerk Chairman

APPROVED AS TO FORM

BY: OftIce of the County Attorney

PB. = PLAT mm PG. = PACE Pot - PcmT OF a?i lMMCLm PO8 = PcmT OF BEUNNNC R. - RAGlJ5 R/w - NCHT or WA‘I RNG. = RANGE

SKETCH OF DESCRIPTION UTILITY EASEMENTLOCAlFD IN SE: ,?5,

Twp.45 5.. RN& 24 E, LEE COUNN, FLORIDA

DESCRIPTION

PARCEL OF LAND IN THE NORTHWE’ST-QUARTER OF THE SOUTHWEZT-QUARTER OF SECTION 25, TOWNSHIP 45 50UTH, RANGE 24 EA5T. LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DEXRIBED AS POLLOWS: COMMENCING AT THE SOUTHWEST CORNER Of THE SAID NORTHWEST-QUARTER Of THE SOUTHWEST-QUARTER Of SECTION 25; THENCE N89’07’43”E. ALONG THE SOUTH BOUNDARY LINE Of SAID NORTHWEST-QUARTER OF THE SOUTH!J,EST-QUARTER, A DISTANCE Of 50.04 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHTOf WAY LINE OF U.S. HIGHWAY 4 I (STATE ROAD 45); THENCE NOO”33’45”W. ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE Of 84.85 fEETT, TO AN INTERSECTION WITH THE NORTHERLY RIGHT Of WAY LINE Of 5,X MILE CYPRESS PARKWAY; THENCE CONTINUING N00”33’45’“& ALONG SAID EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 4 I, A DISTANCE OF 135.09 FEET TO THE POINT OF BEGINNING Of Ml5 DESCRIPIION; THENCE CONTINUING N00”33’45”W ALONG SAID EAST RIGHT Of WAY LINE OF U.S. HIGHWAY 4 I, A DI5TANCE Of 20.00 FEET; THENCE N90”E A DISTANCE OF 2 1.73 FEET; THENCE Soo”52’1 I “E A DISTANCE Of 20.00 FEm THENCE 59OW A DISTANCE Of 2 I .90 fEm TO THE SAID POINT OF BEGINNING OF THIS DESCR,fION. CONTAINING 436.90 SQUARE FEET (0.01 ACRE)

ORKNTATION BASED UPON THE SOUTH LINE Of THE NORTHWEST-QUARTER Of THE SOUTHWEST-QUARTER OF SECTION 25, TWF 45 5, RNG. 24 E. BEING ASSUMED AT NB9”07’49”E.

SLJRVEYOR’S NOTES THE DESCRIPTION 5HOWN HEREON I5 NiW. NO SEARCH Of THE PUBLIC RECORDS WAS CONDUCTED BY TH,S OFFICE FOR THE EXISTANCE OF ANY RECORDED INSTRUMENTS THAT MAY AFFECT THIS PARCEL. THIS DRAWlNG NOT VALID UNLESS BOTH SHtETS ARt INCLUDED AND SHEET ONE HAS THE SIGNATURI AND ORIGINAL RAISED 5EAL OF A PROFESSIONAL SURVEYOR AND MAPPER. CERTIFICATE OF AtJTHORlZATlON~LICENSED BUSlNES5 NO. 609 I. DRAWING DATE: DECEMBER IG, 2004. THIS I4 NOT A SURVEY.

SKETCH OF DESCRIPTTON um.rNEkwmmoc~m INsEC 25,

TWP.455.. RN&. 24 E.. LEECOUNTY, FLORIDA

FeeTransmittal Form 281-l RdZ93

TO: LEE COUNTY FINANCE DEPARTMENT

FROM: UTILITIES ENGINEERING

(Department)

V1111463 BS 20050049-LJTL

SUE GULLEDGE

A. AUTHORIZATION:

This transmittal authorizes the UTIL. ENGINEERING

office to incur expenses for filing/records against: N/A ABC FINE WINE AND SPIRITS

Purchase Order # for EASEMENT: J & J R'E%TATE, LTD.

ACCOUNT NO. OD5360748700,504930 ORIGINAL XASEXEI$T~TO MINUTES AFTER RECORDING, WITH COPY TO SUE GULLEDGE, UTILITIES

6 SERVICE RECEIVED: EASEKENT RECORDING

0. R. COPIES

PLAT COPIES

CASE #/INDEX FEE

DESCRIPTION OF SERVICE RECORDING

AMOUNT OF FEE INCURRED S

(date) (DEPUTY CLERK)

(CUSTOMER) (DEPT.) THIS FORM GOES TO CASHIER WITH REGULAR RECEIPT ATTACHED

C. INVOICE INFORMATION: (FOR CLERK’S DEPARTMENT ONLY)

REC’D

ENTERED

CUST. # 500283

INV. #

PLEASE REMIT TO: Clerk’s Accounting P.O. BOX 2396 FORT MYERS, FLORIDA 33902-2396 White - FINANCE Yellow DEPT FISCAL OFFICER Pink CLERK’S OFFICE

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

Strap Number:

25-45-24-00-00009.0030

THLS SPACE RESERVED FOR RECORDiN

GRANT OF PERPETUAL PUBLIC UTILITY EASEMENT

day of -~ referred% as GRANTOR(S), and

LEE COUNTY, a political sub-division of the State of Florida, hereinafter referred to as GRANTEE.

WITNESSETH:

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

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

3. The public utility easement will not be limited to any particular diameter size or type and/or number of connections to other water/sewer mains for providing water/sewer 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.

3 LEE COUNTY ‘,,. rl/./~, */IxI,“I (Page 2 of 5) nrlrn “̂ ...^h..^l “..Lli_ ,,_i.i... c .___^__ r _.^_ P..._... .____.._.. .___^. J .c^_ .._ “7 11 “S

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)

1E LEE COUNTY ‘,, x,,“,1, ,,,,“,,,* (Page 3 of 5) “3°C” n ___^_.._ 1 “..Lli_ ,,.ili_ r ____^__ c___* I ̂ ,._ *.. .__ ^_^_., .___^_. c^_ ,,_. nl ,)1 “,

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

ncb! i/ h@khL By:La [I& Witness’ Signature]

cl\ c\,hri\,C Q&l/c Y -z-ii UJ &. g*,, [Type or Print Name] [Type or Print Name]

[2nd Wit&Z Signature]

dMAl’ L, P%,&,~A/ rype or Print Name]

fAs9 [Title]

STATE OF FLORIDA

-d The foregoing instrument was signed and acknowledged before me this &

day of 2g&‘by.&rr&%<o mung as m

or is personally know to me, and who did/did not take an oath.

[stamp or seal]

[Typed or Printed Name]

Approved and accepted for and on behalf of Lee County, Florida, this - day of 120 -.

ATTEST: BOARD OF COUNTY COMMISSIONERS CHARLIE GREEN, CLERK OF LEE COUNTY, FLORIDA

BY: BY: Deputy Clerk Chairman

APPROVED AS TO FORM

BY: Office of the County Attorney