Lee County Board of County Commissioners … Agendas/2003/01-21...2003/01/21 · Record Book 3545, Page 875, Public Records of Lee County, Florida. Note (1): Deed of Restrictions

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.


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.


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.)


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 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






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


connections to othersimilarfacilitiesfor providing public utility service to this and any adjacent properties. The total




this easement at any time, present or future, by Grantor, or its heirs, successors or assigns





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



‘~ 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.


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)


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 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


WITNESSETH






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



















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,






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










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


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

.


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.


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.


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.)


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 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







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 .~_ :
















6. Grantor, its heirs, successorsor assigns, assumeall Iiabilityforanyconsequential damages toany houses,





death caused by the negllgent or wrongful act(s) or omlsslon(s) of any official or employee of the Grantee while














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




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.


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.)


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 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





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
















entities

‘Grant 6f Perpetual Public Utility Easement Page 2 Project: Cottage Point MSBU

6. Grantor, its heirs, successorsorassigns, assumeall liabilityforanyconsequential damages toany houses,


subsequently constructed by Grantor in violation of Paragraph 3. herein, which result from the activities of the







8. Grantee is hereby granted a reasonable right of access across Grantor’s property for the purpdses of







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.


DENNIS W. PLOWMAN, Grantor


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




Division of County Lands

To: J. Keith Gomez


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.


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.



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 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


























entities

.I ‘,


6. Grantor, its heirs, successors or assigns, assumeall liabilityforanyconsequential damages to any houses,
















of any associated roads, The easement is strictly for utility purposes. If Grantee fails to utilize the granted easement



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.





Ku 5 lst,WlTNESS Signature


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)





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.


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.



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.)


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 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







appurtenances thereto, to be located on, under. above, across, through and within the easement which is located



















entities.


6. Grantor, its heirs, successorsorassigns. assumeall liabilityforanyconsequential damages toany houses,








out in Section 768.28, Florida Statutes, as it may be revised, amended or renumbered from time to time


reaching the easement described in Exhibit “A” on either paved or unpaved surfaces, Any damage to Grantor’s



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&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 forutilitypurposes. If Grantee fails to utilize the granted easement




IN WITNESS WHEREOF, &YC &‘. riLfk(v8.J signed on the date first above written.


SEALED AND D

& &AA BRUCE W. FULKERSON, Grantor

(/J.f.a>4 k~L,-;h Gome& Printed name of 2nd Witness


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.


(SEAL)

(Title or tiankj (Serial Number, if any)

Joseph Keith Coma @nmi8aion #CC 9.24702 - Explrea April 3.2~

eondcdnLru Adantic Bonding Co., h





To: J. Keith Gomez


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.


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.





S:~POOL\Cotiage~ointl~tl~Searchi2236O~o. wpd(fs 12/6/02)

.


vKIGINAI DOCUMENTS REl~AINED IN COUNrY I AND.5 FILES FOR HANDLING Ili’17N ROAKO ACCEP TNCf: ,



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



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


on the property described in Exhibit ‘“A”, with the additional right, privilege and authority to remove, replace, repair











successors, appointees or assigns, or the public utility providing the service







entities.


6. Grantor, its heirs, successorsorassigns, assume all liabilityforany consequential damages toany houses,











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. ‘\:


IN WITNESS WHEREOF, Lmr SC, Lo-lie< signed on the date first above written.


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


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)



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.


To: J. Keith Gomez


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


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.


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 (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.)


L:\Cottagepoint\TitleSea~h~2362w. wpd(l2/04/02)

.’


i,HILiNXI UOCUMFNT~S RETAINEIJ IN COIINIY LANDS f~Il.t.5 tOR tIANDLING Ili’ON ROAR11 ACCEP TAtiCE I



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






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


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,




landscaping (excluding trees), walkways, roadways, drainage ways, or similartype uses. Houses, fences, buildings,




successors, appointees or assigns, or the public utility providing the service,







entities


6. Grantor, its heirs, successors or assigns, assume all liabilityforanyconsequential damages toany houses,













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.


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. /


ti 22 zih-p-- EDWIN H. NOYES, Grantor fl

?kwzJ&~ P s Gaua Printed name of 2nd Witness

. .


%-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)





Ownership Only Search Search No. 22363 Date: December 11, 2002 Parcel: 163 IL Project: Cottage Point (CPMSBU)

To: J. Keith Gomez


From: Shelia A. Bedw -. Real Estate Title

STRAP: 02-46-23-02-OOOOG.0350


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.


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 (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.)


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 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


WITNESSETH

I. For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration,


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









this easement at any time, present or future, by Grantor, or its heirs, successors or assigns,









entities.


6. Grantor, its heirs, successorsorassigns, assumeall liabilityforanyconsequential damages toany houses,










reaching the easement described in Exhibit “A” on either paved or unpaved surfaces, Any damage to Grantor’s


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



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


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.


(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


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.