LEECOUNTYBOARDOFCOUNTYCOMMISSIONERS AGENDAITEMSUMMARY BLUE SHEETNO: 20040302-UTL

1. REQUESTEDMOTION:

ACTIONREQUESTED: Approve t!nal acce tance by Resolution, and recording of one ( ,) Utility Easement as a donation of water distribution +vs,tep~, thnteen (1$4” diameter fire lines and a gravity collection system serving ,bG(INA LMES, PHASED (POD A).

his 1s a developer contributed asset project located at the southeast corner of Gladiolus Drive and Bass Road.

WHYACTIONISNECESSARY: 1 o provtde otable water service, fire protection and sanitary sewer service to this phase of the recently constructed reside&ml evelopment. Ip

WHATACTIONACCOMPLISHES: Places the water and sewer systems into operation and complies with the Lee County Utilities Operations Manual.

~ORDIN.4NCE _ ADMIN. CODE &OTHER Res.

7. BACKGROUND.

Smds for recording fees are available in Account No. OD5360748700.504930.

SE~‘~ION 33 TOWNSNIP 45s RANGE 24E DISTRICT #3 Comfrss~om~ JUDAH

KANAGEMENTRECOMMENDATIONS:

9.RECOMMENDEDAPPROVAL

mP.mTMENT CONTRACTS

.O. COMMISSION ACTION:

APPROVED

RESOLUTION NO. RESOLUTION NO. I I

, , RESOLUTION ESTABLISHING UTILITY ACCEPTANCE OF DEVELOPER CONTRIBUTED ASSETS

! ! IN LEE COUNTY, FLORIDA

,

WHEREAS, WHEREAS, record, record,

it is the desi re of TRANSEASTERN LAGUNA LAKES ,.LLC, owner of it is the desi re of TRANSEASTERN LAGUNA LAKES ,.LLC, owner of to make a to make a contribution to contribution to

facilities (water distribution system; facilities (water distribution system; Lee County Utilities Lee County Utilities of water of water

13 4-inch diameter fire lines) and 13 4-inch diameter fire lines) and 5ewe~ facilities (gravity collection system, two lift stations and force 5ewe~ facilities (gravity collection system, two lift stations and force

main) servi ng LLLA&NA LAKES, el=lA§k IV [I& A)“; and,

WHEREAS, Lee County Utilities requi res proof of a Release of Lien, a Warranty (one-year) on all 1 abor 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 count Commissioners that rl

Utilities has recommended to the Board of county t e

operation, above-named system be accepted for ownership,

and mai ntenance.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA, that the above facilities, for a contributed value

of $254,274.75 is hereby ACCEPTED and acknowledged as an addition to Lee County uti 1 i ties.

THE FOREGOING RESOLUTION was offered by Commissioner who moved for its adoption. The motion was seconded by Commissioner

follows: and, upon being put to a vote, the vote was as

Commissioner Bob Janes: (1)

Commissioner Douglas St. cerny: (2)

Commissioner Ray Judah: (3)

Commissioner Andrew Coy: (4)

Commissioner John Albion: (5)

DULY PASSED AND ADOPTED this day of

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

,,/’ ,, ., i )

LETTER OF COMPLETION

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

This is to certify that the water distribution and/or sewer collection system(s) located in Laguna Lakes Pod “A” were designed by me and have been constructed in conformance With:

q the approved plans

and:

q the revised plans, attached

177J the approved specifications 0 the revised specifications, attached

Upon completion of the work, we observed the following successful tests of the facilities: watermain nressure test, sanitanr sewer line uressure test. and the sanitarv sewer video taDin

Very truly yours,

Andrew D. Fitz.Perald, P.E. #56776

Project Engineer (Title) Seal of Engineering Firm

LEE COUNTY COMMISSION DISTRICTS 1. ROBERT JANES 2. DOUGLAS ST. CERNY 3. RAY JUDAH 4. ANDREW w. COY 5. JOHN ALBION

COMMIRSION DISTSICT BOUNDARIES DECEMBER SO00

\

WARRANTY .-

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

contractor on the water and sewer systems of Laguna Lakes Phase IV 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 &ranty would be given.

Mitchell & Stark Constiction Co. Inc. (Name of Owner/Contractor)

STATEOF gbf; & )

COUNTY OF Lp,? ) y:

The foregoing instrume ned and acknowledged before me this __ whoiseome--,

a% day of&et@kk by and who did take an oath.

si,~~~ndi Printed Name of otary Public

WAIVER ANI) RELEASE OF LIEN UPON FINAL PAYMENT

The undersigned lienor, in consideration of the final payment in the amount of #zs-~ z 7-x 75

1 hereby waivers and releases its lien and right to claim a lien for labor, services, or (

materials furnished to Transeastern Laeuna Lakes, LLCpn the job of Lawna La to the following

described property:

Lawna Lakes Phase IV water distribution and sanitary sewer wstemS (Name of Development/Project) (Facilities Constructed)

Southeastern of Gladiolus Drive & Bass Road &45-24-IS-0000F.0000 (Location) (Strap # or Section, Township&Range)

Dated on: Z/ZG ,200y

Mitchell & Stark Construction Co. Inc. (Name of Firm or Corporation)

A: Daniel J. Mikelson (Print Name of-Authorized Representative)

Title: Project Manager

6001 Shirley Street (Address of Firm or Corporation)

Naples, FL 34109- (City, State & Zip Of Firm Or Corporation)

Phone H: (239)597-2 165 Ext. Fax#: (239)56&7865 __-. --

COUNTY OF tiS ) ss:

)

%%day o&,7.&y __ t was signed and acknowledged before me this ~ and who did take an oath.

11.5

CERTIFICATION OF CONTRIBUTORY ASSETS

PROJECT NAME: Laguna Lakes (Phase JV)

STRAP NUMBER: 33-4S-24-15-0000F.0000

LOCATION: Southeastern of Gladiolus Drive & Bass Road

OWNER’S NAME: Transeastern Lagona Lakes, LLC

-0xER’S ADDRESS: 3300 University Drive

OWNER’S ADDRESS: z! Springs,FL 3306%

-_---

~__

TYPE UTILITY 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 droa-down list provided.

ITEM PVC C-900 DR- 18 CL50 DIP GATE VALVE GATE VALVE FIRE LINE UP TO AND INCL 1 ST OS + Y V FIRE HYDRANT ASSEMBLY SINGLE WATER SERVICE/COMPLETE

‘ALVE

I I - I I .___ -. -

TOTAL / $133,597.60 (Ifmorc space is required, use additionat forms(s).

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 rhe record drawings.

CERTLFYING:

X (Signature of Certifying Agent)

Daniel J.Mikelson, Project Manager (Name & Title of Certifying Agent)

Mitchell and Stark Construction Co. Inc. (Name of Firm or Corporation)

6001 Shirley Street (Address of Firm or Corporation)

Naples, FL 34109 -

STATEOF=)

COUNTY OF)%%- )

The fore 4

oing instrument was signed and acknowledged before me this mday ofa*O& by who is personally known to me - ___, and who did take an oath.

Notary Commission Number (NOTARY SEAL)

11.5

CERTIFICATION OF CONTFWWI’ORY ASSETS

PROJECT NAME:

STRAP NUMBER: -

LOCATION:

OWNER’S NAME:

OWNER’S ADDRESS:

OWNER’S ADDRESS:

Laguoa Lakes (Phase IV)

3%45-24-15-0000F.0000

Southeastern of G!adiolus Drive & Bass Road --

Transeastem Laguna Lakes, LLC

3300 University Drive

Coral Springs,FL 33065-

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.

TOTAL (Ifmore space is required, use additional forms(s).

$120,677.15

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 co&&ted to Lee County and corresponds with the record drawings.

CERTIFYING:

Dm (Signature of Certifying Agent)

Daniel J.Mikelson, Project Manager (Name & Title of Certifying Agent)

Mitchell and Stark Construction Co. Inc. (Name of Firm or Corporation)

600 1 Shirley Street (Address of Firm or Corporation) --

Naples, FL 34 109 - -

STATE OF Fk,r ; $ c, ) ) ss:

COUNTY OF Le c_ )

The foregoing instrument was signed and acknowledged before me this udayof&ZO&by personally known to me - ~, and who did take an oath.

Printed Name of Not

Notap Commission Number (NOTARY SEAL)

FeeTransmittal Form 281-I Rev%?/93

TO: LEE COUNTY FINANCE DEPARTMENT

FROM: UTILITIES ENGINEERING

(Department)

SUE GULLEDGE

A. AUTHORIZATION:

BS 20040302-ull

This transmittal authorizes the UTIL. ENGINEERING

office to incur expenses for filing/records against:

-. ^ N/A , LAGUNA LAKES, PHASE IV (POD A) wrcnase uroer f/ ~TOT prqecr.

.ACCOUNT NO. 0053607487.504930 EASEMENT: TRANSFASTERN LAGUNA LAKES,

ORIGINALS EASEMENT TO MINUTES AFTER RECORDING,, EASEMEN WITIl COPY TO SUE GULLEDGE, UTILITIES

B. SERVICE RECEIVED: RECORDING

0. R. COPIES

PLAT COPIES

CASE #/INDEX FEE

DESCRIPTION OF SERVICE

EASEMENT

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

EASEMENT #I

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

Transaction is a sptit Property was improved

~;:Eb’:~l? --) II I ~;~;;~;$&at time+ 11

.~~ /

EASENRNT DONATION BY: TRANSEASTERN LAGUNA LAKES. LLC Firat MI Camorate Name fif aokable) _“. ,._.

3300 UNIVERSITY DRIVE CORAL SPRINGS FL 33065 ;’ )’ Maulng Address City stat* zip Code Phone No.

4. Grantee @uyer): RICK DIAZ, P.E., "TIL. DIR. FOR LEE CO. BOARD OF COUNTY COMMISSION Last First Carparm Name (K applicable)

P. 0. BOX 398 FT. HYRR; BL 33902 ( 23q4798181 Mailing Address city state zip Code Phone Nil

5. iate Of Sale/Transfer Sale/Transfer Price

lx / Other 7. Are any mortgages on the property? If “Yes’, YES 1~ .I / I.~.../NO outstanding mortgage

(Round to the nearest dollar.) . 8. To the beet of your kn~wtedge, were there unusual cirwmstances or conditions to the Saleltransier

such as: Forced sale by court ordeR Foreclosure pending? Distress Sale? Title defects? Corrective Deed? Mineral rights? Sale of a partial or undivided interest? Related to seller by blood or marriage. YES L] / 1 ~“1 NO

.02(S). Florida Statutes?

This copy to Property Appraiser

This copy to Property Appraiser

EASEMENT ii 1

III II II I FWR10240303 FLOWIDA DEPARTMENT OF REVENUE OR-219

RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY

I (PLEASE READ INSTRUCTIONS BEFORE COMPLETING) Enter number3 as show” below. If typing, enter ““mbers a* shown below.

1. Parcel Identification Number 0 12 34 56 7 89 0123456789 r (If Pmx?l ID not awlable please cat, county Property Appraiser’s Office) +

334524150000B0000

a. Mark(x) an that apply

Multi-panel transaction? -+

Transaotian 16 B split or c”to”t from another paroel? -+

Property was improved with building(s) at time Of sat.s/tmnsfen

3. Grantor (Seller): EASEMENTDONATION BY: TRANSKASTERN LAGUNA LX&, LLC

Last First Corponte Name (if applicable) 3300 UNIVERSITY DRIVE CORAL SPRI"&GS FL 33065 l 1

Mailin Address

4. Grantee (Buyer): RICK &-AZ, P.E., UTIL. LIIR.Cit!-Xt

state Phone NO. LEE CO. BOA%% COUNTY COMMISSION

Last First P. 0. BOX 398 PT. NYERY FL

Corpora$.a33Ns”;;“z’i applicable) ( 23q47981ai

Mfdling Address city state Zip Code Phone No. 9. Date of SatelTanrfer SaleTTransfer Price

Month Day Year (Round to the nearest dollar.)

e. Type of Document Co”trac”Agraeme”t )f Other 7. Are any mortgages 0” the property7 If “Yes”, YES for Deed

warranty outstanding mortgage balance:

Deed Quit Claim (Round to the nearest dollar.) $ Deed

.o”o”

8. To the beat of your knowledge, were there “n”s”at circ”mstances or conditions to the sale/transfer such as: Forced sale by ca”rt order? Forectosure pending? Distress Sat.9 Title defects? Cormctlve Deed? Mineral rights? Sale of a partial or “ndtvtdad interest? Related to setter by blood or marrfage. YES NO

9. Was Lhe sateltransferftnanced? YES NO If “Yes’, please indicate type or types of flnandng:

Agreement or Con”*nttonal Seller Provided Camtract for Deed Other

tnstituttonall 10. PrrJperty Type: Residential Commercial tnduatrial Agricultural hliscellanaous Go”ernme”t “acant

fvferk IX1 au Acreage Timeshare

that apiy ^.... 1,. To the best of yaw knowledge, was wmmal property YES *NO $

inotuded in the sateitrensfer? If “Yes”. . 00 amount attributable to the pwso”aI p

12. rmmmt of Documentary Stamp Tan 0.00

13. ,f w is due in number 12, is deed exempt from Documentary Stamp Tax under S. Florida Statutes? YES NO

EASEMENT 112

FLORIDA DEPARTMENT OF REVENUE RET~JRNFORTR~NSFERSOF~NTERESTINREALPROPER~-Y ( (PLEASE RWA!~STRUCTlONS BEFORE COMPLETING)

@f#T -i%ii

Use black ink. Enter numbers a8 shown below. If t in , enter numbera as shown bstow.

1. Parcel tde”ti+ioation Number (If Parcel ID not available &r

Gz~~~~~‘IrP”“’ onooooo~~i~~~~~~~~~~~uun

2. Madi (x) all that apply

Multi-parcel q or cutout fmm transaction? -+ -0

with building(s) at time another pm%17 of sale/transfer7 -El

3. Gra”tor(Seller): EASEXBNT DONATION BY: TRANSEASTRRN LAWNA LAKES, LLC LWt Fir.%

3300 UbIIVERSITY DRIVE CORAL SPR&S FL Corporate Name (if appllcabte,

Mailtng Address 33065 ( )

Cf’Y SW9 Zip Code Phone NO.

4. Grantee (Buyer): RICK DIAZ, P.E., UTIL. DIR. FOR LEE CO. BOARD OF COUNTY COWMISSION Last First Corporate Name (d applicable)

P. 0. BOX 390 FT. MYRR! FL 33902 (23q4798181 Mailing Address city state Zip Code Phone No.

5. D&e cd Sawrra”sf.3r Salerrransfer Pr!ce

6. Type of Document Contract/Agreement for Deed rzty ’ Other

7. Are any mortgages on the property7 If “Yes”, YESn/uNO q ;&Claim (R~““d~~~~~~~~~~;‘~~nrlnnr~lnn . aa

8. To the best of your knowledge, were there unusuat circumstances or CDndiUOns to the saWtransfer such as: Forced sale by o3ortardW Foreclosure pending? Distress Sale7 Titledefects? Corrective Deed7 Mineral rights7 Sale of a partial or undivided Interest7 Related to seller by blood or marriage. YESin/ UN0

9. Was the sale/transfer financed7 YES NO if “Yes”, please indicate type or types of finandng:

0 q Agreementor Conventional Seller Provided contract for Deed q 0 Other

lnstnu”anal, IO. Prnpwty Type: Residenttat Commercial lndustrtat Agricultural MtSG8lla,lWUS Government Vacant

Mark(x) all clrltluu

Acreage limeshare

that apply III 0 q q 11. To the best of your knowledge, wa

No Included In the sale/transfer7 If “Yes” amaunt attributable to the persana, p

~$nncl~uu~uu. E%l

12. Amount of Documentary Stamp Tax boucl~nc_lcloo. 00

13. If &ax is due in number 12, is deed exempt from Documentary Stamp To 2(6), Florida Statutes7 Under penalties of perjury, I declare that I have read the foregoing ret

L

than the taxpayer, his/her declaration is based an all information of

Signature of Grantor or Grantee or Agent WARNING: FNWRE TO FILE THIS RETURN

To be completed by the Clerk of the Circuit Court’s &fi&

This copy to Property Appraiser

Clerks Date Stamp I

Thiscopyto Property Appraiser

111111 EASEMENT 11'2

FLORIDA DEPARTMENT OF REVENUE FDoRKi2453CQ

!mm

DR.219 RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY R. 07l38

(PLEASE READ INSTRUCTIONS BEFORE COMPLETING) Enter numben es shown below. If twins. enter n”“,bePj es show” below. _~

1. Parcel Identiiication Number 0 12 34 56 7 89 0123456789 I (If Percet ID not available please call county Property Appraiser’s Onice) -) 33452415000030000

2. Mark(x) a,, TransactIon 1s e split Property was improved

that apply Multi-parcel or UdD”’ from trensaction? --t another paroel? -+ -. _" .-.. ".," ,-..

3, G,r~~.~~~'-~" ~~ EASEMENT DONATION BYr TRANSEASTERN LAGIJNA

with buildin@ et tkne n, *Adtran.‘.~ -4

anrar,oener,: pi LAKES, LLC Last

3300 UNIVERSITY DRIVE First

CORAL SPRItGS FL Cor~ors~~~e (if a,ppliceb~)

Mailln Address , ,

4. Grantee (Buyer): RICK &AZ, P.E., UTIL. DIR.%OR

sate Phone No. LEE CO. BOAZ%lCO% COUNTY COMMISSION

Last mst P. 0. BOX 398 FT. MYER! FL

C~rpore&e~J”s”;tn(if applicable) ( 2394798181

MaIlIngAddress cny state Zir, Code Phone No. 9. Date of Sale/Transfer SaWTransf& Price

$ .oo ;,“,z,, 46 County Cod* Month O=Y YHU (Round to the neareet dollar.)

6. Type of Document Contract/Agreement x Other for Deed

7. Are any mortgeges on the property? W’%s”, YES

WZWWl”lY outetanding mortgage balance:

Deed Quit Claim (Round to the neereet dollar.) $ Deed .O"o"

8. To the beet of your knowledge, were them unusual circumstances or conditions to the saleltrankfer such 89: Ford sale by court order? Foreclosure pandlng? Distress Sale? Tide defects? CorecWe Deed? Mineral rights? Sale of a partial or undlvided interest? Related to seller by blood or marriage. YES NO

!I Was the eete,tmnsfe,Rnenoed? YES NO If ‘yes”, please indicate type or types of financing:

Agreement or COllV%ltlOlld Seller Provided COntract for Deed Other

hlstitunonau IO. property Type: Residential COmmmlal Industrial Agricultural MisC8lla”~US Government Vamnt

Mah (x) all that apply

Acreage Timeshare

Il. To the beet of your ktaowtedge, was persona, property YES ‘NO $ cem

lnoloded in the seWtransfer? If ‘Yes”, please stete the . 00 amount aibibutable to the personal property. (Round to the neareet dollar.)

12. Amount of Documentmy Stamp Tax

13. If &x.tax is due in number 12; is deed exempt fmm Docllmentely Stamp Tax under Florida Statutes?

Under pena,t,es of perjuly, I dectare th than the taxpayer, hlslher declaration

Signature of Qrantor or Grantee orAg WARNING: FNUJRE 70 FM THIS RETURN ORALTERNATIVE FORM APPROVE0 BY THE OTHER PENALTYIMWSED BY THE REVENUE LAW OF Fu)RIDA.

1 I To be completed by the Clerk of the Circuit Court’s Off& ’ 1 Clerks Date StamD I

This copy to Department of Revenue

This Instrument Prepared By: Lee County Utilities

1500 Monroe Street - 3rd Floor Fort Myers, Florida 33901

PERPETUAL PUBLIC UTILITY EASEMENT GRANT #I of 2

THIS INDENTURE is made and entered into this ~ day of 2004 by and between Transeastern Laouna Lakes LLC , Owner, hereinafter refe;reG

as GRANTOR(S), and LEE COUNTY, 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 shall 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 shall 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 shall 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 of any and all liens and encumbrances, except as herein stated, and accordingly, GRANTOR(S) will forever defend the 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, shall 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 shall 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. 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 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 (Exhibit “A”, hereto) for the purposes as set out herein and for the time as set out in Section 255.22, Florida Statutes, then this easement shall be extinguished pursuant to law,

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

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

LEECOUNTY ‘,,,i,*lEIT /,,>,//"A (Forms - Per etual -Page 2 of

Public utility Easement - Ku - County Attorney Approved Form IO/2002 3 P

Title

STATE OF Florida ) ) ss:

COUNTY OF

The foregoing instrument was signed and acknowledged before me this 18 of ~&-%$“-- 2004- by CpRpd ii+%aoJ’tb produced the folio s identification 01

,-and who did/did not take an oath.

Printed Name of Notary Public (Notary Seal & Commission Number)

_ day

is

(Forms - ~erpecual Public utility Easement -. KU - County Attorney Approved FOPS lo/2002 -Page 3 of 3)

c

This Instrument Prepared By: Lee County Utilities

1500 Monroe Street - 3rd Floor Fort Myers, Florida 33901

PERPETUAL PUBLIC UTILITY EASEMENT GRANT 112 of 2

THIS INDENTURE is made and entered into this - day of 2004 by and between Transeastern Laouna Lakes LLC , Owner, hereinafter referredto

as GRANTOR(S), and LEE COUNTY, 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 shall 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 shall 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 shall 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

*“li~rl,Vlll 1~1”1,“*

(Forms - PW etual -Page 1 of 3 P

Public utility easement - KU - county attorney Approved ~orrn l.O/2002

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 of any and all liens and encumbrances, except as herein stated, and accordingly, GRANTOR(S) will forever defend the 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, shall 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 shall 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. 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 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 (Exhibit “A”, hereto) for the purposes as set out herein and for the time as set out in Section 255.22, Florida Statutes, then this easement shall be extinguished pursuant to law,

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

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

(Forms - perpetual public Utility easement -- LCU - county attorney Approved form 10/2002 -Page 2 of 3)

+J PrJ &w% ti Ocd ,-i-L. (Name of I*’ Witness)

l’&o,l i c, ~___ (Grantor’s/Owner’s Name)

(Name of 2”‘Witness)

STATE OF Florida ) @&&.a &a-J ) ss:

COUNTY OF - )

The foregoing instrument was signed and acknowledged before me this /o day of p48?&” 2004- by J-k ic,re,*‘rc, who produced the following as identification or is

e and who did/did not take an oath. P”~p_“~~!.5~~!p~~.~2

Printed Name of Notary Public (Notary Seal & Commission Number)

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