LEECO~NTYBOARDOFCOUNTYCOMMISSIONERS AGENDAITEMSUMMARY BLUE SHEETNO: 20030823-UTIL

1. REQUESTEDMOTION:

Resolution, and recording of a Utility Easement as a donation Of a Developer contributed asset project located on the west side

WHY ACTION IS NECESSARY: Provides adequate water infrastructure to support future development.

WHAT ACTION ACCOMPLISHES: places the water main into operation and complies with the Lee COUnty Utilities Dperatlons Manual.

1. AGENDA: 5. REQUIREMENT/PURPOSE:

x CONSENT A. COMMISSIONER: ~ADMINISTIUTIVE 8. DEPARTMENT _ APPEALS C. DIVISION,SE~ ~r”aLIc _ ADMIN. CODE

x OTHER Rep., Easeme”,

services were relocate’

SECTION~~~~TOWNSHIF’ 46s RANGE 24E DISTRICT #3 COMMISSIONER JUDAH-~~~~~~

MANAGEMENTRECOMMENDATIONS:

9.RECOMMENDEDAPPROVAL

IWDCET ATTORNEY MANAGER

10. COMMISSIONACTION:

S,\"T,LS\ENGR,WP\BLUE~~~~~~O~~~ PHASE 1 -WATER MAIN RCLOCATlON EASE FA MMM BS 20010821,wc 7114103 2:59 PM

RESOLUTION NO.

RESOLUTION ESTABLISHING UTILITY ACCEPTANCE OF DEVELOPER CONTRIBUTED ASSETS

IN LEE COUNTY, FLORIDA

WHEREAS, it is the desire of Storgard Development, LLC, owner of record, to make a contribution to Lee County Utilities of water facilities (water

mai n relocation), serving “STORGARD, PHASE 3”; and,

WHEREAS, Lee County 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 Count i

Utilities has recommended to the Board of County Commissioners that t e above-named system be accepted for ownership, operation, and maintenance.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA, that the above facilities, for a contributed value of $27,526.00 is hereby ACCEPTED and acknowledged as an addition to Lee County Utilities.

THE FOREGOING RESOLUTION was offered by Commissioner moved for its adoption. and,

The motion was seconded by Commissioner upon being put to a vote, the vote was as follows:

Commissioner lanes (1)

Commissioner St. Cerny: (2)

Commissioner Judah(C): (3)

Commissioner Coy: (4)

Commissioner Al bion (V-C) : (5)

DULY PASSED AND ADOPTED this day of 2003.

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 OFFICE

I 11.4

LETTER OF COMPLETION DATE: June 16.2003

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

Gentlemen:

This is to certify that the water distribution-w system(s) located in

STORGARD PHASE 3 (Name of Development)

were designed by me and have been constructed in conformance with:

n the approved plans 0 the revised plans, attached

n the approved specifications 0 the revised specifications, attached

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

Water pressure test

Very truly yours,

Paul T. Pokornv, P.E. 34904

Banks Engineerinn, Inc. (Owner OT Name of Corporation)

& -lb -0 3 (Signature, Date&Sea

Proiect Manaqer (Title)

11.2

WARRANTV,

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

the contractor on the water and/or sewer systems of (Name of Developmencl:~

STOR ZARD PHASE III

to be free from defects in material and wor!ananship for a period of one II) year

tram the date of acceptance by the LSC County Board of county cowmisslonera. The

undcrslgned parties Curther agree that they will, at their own expense, repair and

replace all such defective work and all other work daraqed by said defective work

under this h'arrancy-Guaranty

It 1s furthermore understood that the consideration for the giving of ~~TLS

warranty and/or guaranty 1s the requirement by the General Condltlons a”d

SpeclflCatLOns under which the contract was let that such warranty and/or guaranty

would be given.

HASKINS INC. ONTRACTOR,

!'

STATE or FLORIDA I

LEE , 55: COUNTY OF I

The foregoing Instrument was signed and acknowledged before me this 12TH

day of v, XX...- by JQEL CHAMBERS

who has produced PERSONALLY KNOWN (Print oz Type Name)

(Type Of Identificatwn and d not1 take an oath.

otnry Public .

(NOTMY SEAL,

II-2

WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT

The undersigned lienor, in consideration of the final payment in the amount of Tweatv Seven Thousand Five Hundred Twentv Sii and no cents(S27526.00 ) hereby

waivers and releases its lien and right to claim a lien for labor, services, or materials

finnished to Summerlin Star card LLC on the job of Summerlin Star card Phase IIf to the

following described property:

Summerlin Storqnrd Phase III water distribution system (Name of Development/Project) (Facilities Constructed)

Summerlin Rd. E of Pine Ridge O&46-24-02AXI-O0000.0050 (Location) (Strap # or Section, Township Br Range) (F’kase provide JU name. and location of development and a description of the. utility system ConstrUCted).

Dated on: July 10, 203

By: f(Signaturc of Authorized Representative)

Haskins Inc. (Name of Firm or Corperatioa)

By: --h-L &%%&f&5 print Name of Authorized Representative)

10956 Enterprise Ave. (Address of Firm or Corporation)

Phone #: (239)947-1846 Ext.

Fax& (239)947-3857

Booita Springs, FL 33912- (City, State & Zip OfFirm Or Corporation)

STATE OF FL )Ss!

COUNTY OF Lee )

The foregoing instrument was signed and acknowledged before me this 10 day of -2003 by Joel Chambers who and who did not take an oath.

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

CERTIFICATION OF CONTRIBUT’QRY ASSETS

PROE0NAMb:

LOCATION:

STOR GARD PHASE III

AD., E OF PINE RIDGE ROAD

~~08-46-24-02-04Me.~50 (Including STRAP)

X4MEANDADDRESSOFOWNER: -STOR LC

1628 PRESTWICK DRIVE, LAWRENCE, KANSAS 66047 (83 shown on Dead)

TYPEUTIL.TTYSYSTEM: WATER SYSTEM (Iis1 water, sewer and efflucotrwe scpm~cly)

~~~~~~~~~DCOSTOPMATFRlhL.L~BQR,~~SERVlCES

Plea= ‘13’ each e1em-m ofh system c,g. pipe manholes, lift staalvxs, UWCIS, VLIVCS, fittings, CIC

ITEM i SIZE QUAh’TITY UNIT COST TOTAL

DIP 12” 433 LF $ 42.00 $18,186.00

FIRE HYDRANTS -- 2 EA 2,500.OO 5,ooo.oc

90 DEG. BENDS 12" 2 EA 275.00 550.00

GATE VALVE 12" 1 EA 1,200.00 1,200.00

GATE VALVE 2” 2 EA 95.00 19c.00

II 2 EA 1,200.00 1,400.00

~~~,sLb..OO TOTALAMOUh'T

d ..i’

II 5

Joel Chambers, Operations Manager

OF: RasKw (Firm or Corporation)

,=‘DDms:~nss~, AVENUE

NGS. FL 34135

The foregoing instrument was signed and acknowledged before me this /A G

wbo has produced tdcndfication,

(Type Of Idcnfificatioo and Number)

ad who c&d) (did not) t&e an oath.

(NOTARY SEAL)

TO: LEE COUNTY FINANCE DEPARTMENT

FROM: UTILITIES ENGINEERING

(Department)

SUE GULLEDGE

A. AUTHORIZATION: ---

This transmittal authorizes the vTIL’ ENGINEERING - office to incur expenses for filing/records against:

N/A STORGARD, PHASE 3 (STORGARD Purchase Order # for project. ACCOUNT NO. OD5360748700.504930

BS 20030823-UTL

DEVELOPMENT LLC EASEMENT)

'ORIGINAL EASEMENT TO MINUTES AFTER RECORDING, WITH COPY TO SUE GULLEDGE, UTILITIES

B. SERVICE RECEIVED: RECORDING

0. R. COPIES

PLAT COPIES

CASE #/INDEX FEE

DESCRIPTION OF SERVICE

S’ nature Authorization

AMOUNT OF FEE INCURRED S

-__ (date) (DEPUTY CLERK)

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

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

REC’D

ENTERED

CUST. #

INV. #

PLEASE REMIT TO: Clerk’s Accounting P.O. BOX 2396 FORT MYERS, FLORIDA 33902.2396 Whiw F,NANCE Yellow DEPT FECAL OFFICER Pink CLERK’S OFFICE

II III II 1. Parcel Identification Numbe

(If Parcel ID not available please call County Property Appraiser’s Onice) ’

FLORIDA DEPARTMENT OF REVENUE PHOTOCOPIES OF THIS FORM NOT

RETURNFORTRANSFERSOFlNTERESTINREALPROPERTY ACCEPTABLE (PLEASE READ INSTRUCTIONS ON THE BACK OF THIS FORM BEFORE COMPLFLLYG)

_““. ,,I. ,.,, P. 0. BOX 1753, LAWRENCE KS 66044

__,F1.-.- ..-...- I

L I Mailing Address City State Lip Code Phone No.

LEE COUNTY BOARD OF COUNTY COMMISSIONERS 4. Grantee (Buyer):-

Last First P. 0. BOX 398, FT. MYERS FLY3902

Corporate Name (if applicable)

( 2 3 v~~.-4-??81!1 Mailing Address City State Zip Code Phone No.

5. Date of Salerrransfer Saleirransfer Price

I []iII] / n [I / [~-I L:][yJ [Rl] $[I1 El] [mmJm~l il iJjl[3U . Ht!L ZZZL, I~lC6i~~~~~~S,~~~~Rouarsci Month Day Year (Round to the nearest dollar.)

6. Type of Document [ 1

~dkaecdVAgrc?ement [I~~~ Other 4

7. Are any mortgages on the property? II “Yes”, YES n / I.&O

n

~~ outstanding mortgage balance:

(Round to the nearest dollar.)

8. To the best of your knowledge, were there “n”s”al circ”mstances or conditions lo the sale/transfer such as: Forced sale by co”I1 order? Foreclosure pending? Distress Sale? Title defects? Corrective Deed? Mineral rights? Sale of a partial or ““divided interest? Related lo seller by blood or marriage. YE&b ih

lnstitution‘all 10. Properly Type: Residential Commercial Industrial Agricultural Misce,lane”“s GO,

Mark (X) all that apply

11. TO the best Of your knowledge, was persona, properly included in the sale/transfer? If “Yes”. please state the amo”nt attributable lo the personal property. (Round lo nearest dollar.)

12. A”,“““, Of Documentary stamp Tax ~---

13. II !mta is due in number 12, is deod exempt from Documentary Stamp Tax “n Florida Statutes?

Clerks Date Stamp

This Instrument Prepared By: Lee County Utilities

1500 Monroe Street - 3’d Floor Fort Myers, Florida 33901

PERPETUAL PUBLIC UTILITY EASEMENT GRANT

THIS INDENTURE is made and entered into this - day of -~ -, 2003 , by and between sio&Wo b~r16-~or~q pi; LLC , Owner, hereinafter referred to 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 768.26, Florida Statutes, as it may be revised, amended or renumbered from time to time.

a. 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 ol;i the date and year first above written.

(Grantor’s/Owner’s Signature)

c ~ %\ : ! _., \ -: I ; : * x E.sw7~~~~ (Name of I” Witness) (Grantor’s/Owner’s Name)

.A+ (St$ature of 2”d Witnessr

(/Ltmsi 4 I4 JwqP,~ L-f- (Name of 2”d Witness) v

STATE OF /L )LS:

COUNTY OF &E )

The foregoing instrument was signed and acknowledged before me this

.@ day of a2003 by x& &&,J~,L,&~ - fi ~3; who take an oath.

Notab Public Signature

e &%A /v Printed Name of Notary Public

(Notary Seal & Commission Number)

3

Professional Engineers, Planners 8. Land Surveyors FORT MYERS . NAPLES . SARASOTA

DESCRIPTION OFA

PARCEL OF LAND LYING IN

SECTION 8, TOWNSHIP 46 SOUTH, RANGE 24 EAS? LEE COUNTY, FLORIDA

(IJTILITY EASEMENT)

A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 24 EAST, AND BEING A PART OF LOTS 3 THROUGH 5 OF STORGARD, AS RECORDED IN PLAT BOOK 73, AT PAGES 82 AND 83 OF THE PUBLIC RECORDS OF SAID LEE COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5 AND A POINT ON THE WEST RIGHT-OF- WAY LINE OF SAFETY STREET (60 FEET WIDE); THENCE SOO”46’2l”E. ALONG THE EAST LINE OF SAID LOT 5 AND SAID WEST RIGHT-OF-WAY LINE FOR 8.00 FEET; THENCE S.89°5S’20”W. FOR 61.75 FEET; THENCE S.OO”01’4O”E. FOR 21.97 FEET; THENCE S.X9”58’2O”W. FOR 20.00 FEET; THENCE N.OO”01’40”W. FOR 25.97 FEET; THENCE S.X9”58’2O”W. FOR 293.99 FEET; THENCE S.OO”01’40”E. FOR 25.96 FEET; THENCE S,89”58’2O”W. FOR 20.00 FEET; THENCE N.00°01’40”W. FOR 25.96 FEET; THENCE S.89’58’2O”W. FOR 19.12 FEET; THENCE N.00°01’40”W. FOR 20.00 FEET; THENCE N,89”58’20”E. FOR 414.55 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID LOT 4 AND THE WEST RIGHT-OF- WAY LINE OF SAID SAFETY STREET; THENCE S.00°46’21”E. ALONG SAID EAST AND WEST LINE FOR 16.00 FEET TO THE POINT OF BEGINNING.

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

SUBJECT TO FACTS THAT MAY BE REVEALED BY AN ACCURATE BOUNDARY SURVEY.

PARCEL CONTAINS 0.22 ACRES MORE OR LESS

ASSUMED NORTH BASED ON THE EAST LINE OF STORGARD AS RECORDED IN PLAT BOOK 73, AT PAGES 82 AND 83 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA AS BEARING S.OO”46’2 I”E.

DESCRIPTION PREPAKED 07-02-03

THOMAS R. LEI FLOK!DA CERTIFICATlOi< NO 5541

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