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Sprint-Florida, Incorporated ooo_ 160 A RESOLUTION TO CONVEY A GRANT OF UTILITY EASEMENT TO SPRINT-FLORIDA, INCORPORATED, FOR COMMUNICATION FACILITIES TO BE LOCATED NEAR THE INTERSECTION OF TAHITI STREET AND CAPRI BOULEVARD (A/K/A "GRIFFIS HIGHWAY) IN ISLE OF CAPRI WHEREAS, Sprint-Florida, Incorporated, ("SPRINT") has requested a Grant of Utility Easement from Collier County (see Exhibit "A," attached hereto and made a part hereof) in order to install, operate and maintain communication facilities and equipment designed to enhance and upgrade SPR1NT'S service capabilities for area residents; and WHEREAS, Collier County is desirous of providing SPRINT with a Grant of Utility Easement for the purpose of operating and maintaining such structures and fixtures as vaults, manholes, closures, cabinets, switching equipment, conduit, cables, and related pedestals, or other related structures and fixtures, all to be located within the easement area; and WHEREAS, Collier County finds that the communication facilities and equipment located within the easement area will enable SPRINT to improve service to area residents and that there will be a general public benefit as a result of the conveyance of a Grant of Utility Easement to SPRINT; and WHEREAS, in exchange for said Grant of Utility Easement, SPRINT has agreed to pay Collier County $5,000.00 and to pay for all costs of the conveyance of the Grant of Utilit. y Easement; and WHEREAS, Pursuant to Section 125.35, Florida Statutes, legal notices have appeared in the Naples Daily News. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners does hereby approve an Easement Agreement with Sprint- Florida, Incorporated, for the conveyance of a Grant of Utility Easement on land known as "Park West," south of the intersection of Tahiti Street and Capri Boulevard (see Exhibit "A"), in exchange for compensation in the amount of $5,000.00. 2. The Board of County Commissioners does hereby approve a Grant of Utility Easement to Sprint- Florida, Incorporated, in order to operate and maintain communication facilities and equipment over, under, upon and across that land described in Exhibit "A." 3. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute said Easement Agreement and Grant of Utility Easement on behalf of the Board. This Resolution adopted this ,,/~ day of ~~ , 2000, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK s~natur~ only. Approved'as to legal fo~ an~ s~fficiency:I Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSI~ OF Chairman 160 PROJECT: Isle of Capri ! Sprint FOLIO: 52390080005 GRANT OF UTILITY EASEMENT This indenture made and executed this /3 day of ~,~..~ , 2000, by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as GRANTOR, and SPRINT-FLORIDA, INCORPORATED, a Florida corporation, its successors and assigns, hereinafter referred to as GRANTEE. WITNESSETH That for and in consideration of the sum of Ten Dollars ($'10.00i and other good and valuable consideration, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns, a non-exclusive easement over, under, upon and across that property more particularly described on Exhibit "A" (attached hereto and made a part hereof), for the purposes of operating and maintaining such structures and fixtures as vaults, manholes, closures, cabinets, switching equipment, conduit, cables, and related pedestals or other related structures and fixtures as their business may require from time to time, and provided further, that GRANTEE shall have the right to open and close fences, and trim or top any trees, bushes or brush along said easement to give a clearance of not less than five (5) feet. TO HAVE AND TO HOLD the easement hereby granted unto said GRANTEE, its successors and assigns. GRANTEE, by acceptance of this easement, agrees for itself, its successors and assigns, to maintain said easement and in no way interfere at any time with the right of ingress or egress of GRANTOR, its successors and assigns, or any other party requiring access to any of the property over which said easement is granted. GRANTEE further agrees that it will at all times use extreme care to restore all grounds to as good or better condition than found prior to installation, construction, maintenance and/or repair of its facilities. In the event GRANTEE, its successors and assigns, fails to use the easement for the sole purpose of a switching station, GRANTOR shall provide written notice thereof to the GRANTEE to vacate, cancel and annul the easement within 14 days of receipt thereof. Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid~ upon which time GRANTEE shall record a Termination of Easement in the Public Records of Collier County, Florida. GRANTOR, its successors and assigns, shall upon said vacation, have the right to require GRANTEE, its successors and assigns, to remove any structure or improvements which may affect GRANTOR'S use of the property. GRANTEE hereby covenants and agrees to indemnify, save, protect and hold harmless GRANTOR against any loss, damage, injury, debt or expense (including attorney's fees) claimed or asserted by any person or entity, arising out of GRANTEE'S installation or use of GRANTEE'S facilities described above. 2 Grant of Utility Easement Page 2 IN WITNESS WHEREOF, GRANTOR has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year first above written. ATTEST: DWIGHT E. BROCK , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORID 0p BY: - Chairman ./ STATE ROAD 951 160 2 PROJECT: Isles of Capri - Sprint FOLIO: 52390080005 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, (hereinafter referred to as "Owner"), and SPRINT-FLORIDA, INCORPORATED, a Florida corporation, its successors and assigns, (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser shall use the perpetual, non-exclusive easement, over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; for the purposes of operating and maintaining such existing structures and fixtures as vaults, manholes, closures, cabinets, switching equipment, conduit, cables, a/rid related pedestals or other existing related structures and fixtures as their business ,.,,.,~/fmay require from time to time and provided further, the Owner shall guarantee ingress _ U~C,' and egress to, over and across the described parcel to Purchaser at all times, and the /"'u~4,'"~l~r~,~'~r~-shall have the right to open and close fences, and trim or top any trees, bushes or"- - ' hbrus along said easement to give a clearance of not less than five feet (5'). WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to the Purchaser for the sum of $5,000.00, said transaction hereinafter referred to as the "Closing". This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Owner executes this Agreement; provided; however, that Owner shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Owner's enjoyment of the Property. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other.prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. In the event Purchaser fails to use the easement for the sole purpose of a switching station, Owner shall provide written notice thereof to the Purchaser to vacate, cancel and annul the easement within 14 days, said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid, upon which time Purchaser shall record a Termination of Easement in the Public Records of Collier County, Florida. Easement Agreement 16D 2 Page 2 o Purchaser is aware and understands that the "offer" to grant the utility easement represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida and any other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 8. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of ~ ,2000. AS TO OWNER: ATTEST::,~ DWIGHT E: ~ROCK, Clerk Atte~'~ as to Chalh~'$ $1~n~ture AS ~TO PURCHASER: Witness (Signatb.~?,/ (._.,) Name: t~,kx(, ¢- C-"~.o 09 ~- (Print or Type) Witness (Signature) Name: ~?W,z¢',¢~ z> (Print or Type) BOARD OF COUNTY COMMISSIONERS SPRINT-FLORIDA, INCORPORATED A Florida corporation cLe~ / V~s.e P~i'~etnt P.O. ~X 37.0/ '~' ,,~r~; ~ '~ ~ OK~ Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney 16g ~ o CAPRI BOULEVARD !.AKA GRIFFIS HIGHWAY STATE ROAD 951 160 2 2701731 OR: 2732 PG: 1796 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 10/16/2000 at 10:22AM DWIGHT E, BROCK, CLERK PROJECT: Isle of Capri / Sprint Retn: FOLIO: 52390080005 RRAL PROPRR?¥ ~X? 899I IN?~ O~IC~ CONS 5000.00 R~C ~EE 19,50 DOC-.?O 35,00 COPIES 4,00 GRANT OF UTILITY EASEMENT This indenture made and executed this /d day of ,~~~'), 2000, by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as GRANTOR, and SPRINT-FLORIDA, INCORPORATED, a Florida corporation, its successors and assigns, hereinafter referred to as GRANTEE. WlTNESSETH That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns, a non-exclusive easement over, under, upon and across that property more particularly described on Exhibit "A" (attached hereto and made a part hereof), for the purposes of operating and maintaining such structures and fixtures as vaults, manholes, closures, cabinets, switching equipment, conduit, cables, and related pedestals or other related structures and fixtures as their business may require from time to time, and provided further, that GRANTEE shall have the right to open and close fences, and trim or top any trees, bushes or brush along said easement to give a clearance of not less than five (5) feet. TO HAVE AND TO HOLD the easement hereby granted unto said GRANTEE, its successors and assigns. GRANTEE, by acceptance of this easement, agrees for itself, its successors and assigns, to maintain said easement and in no way interfere at any time with the right of ingress or egress of GRANTOR, its successors and assigns, or any other party requiring access to any of the property over which said easement is granted. GRANTEE further agrees that it will at all times use extreme care to restore all grounds to as good or better condition than found prior to installation, construction, maintenance and/or repair of its facilities. In the event GRANTEE, its successors and assigns, fails to use the easement for the sole purpose of a switching station, GRANTOR shall provide written notice thereof to the GRANTEE to vacate, cancel and annul the easement within 14 days of receipt thereof. Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid, upon which time GRANTEE shall record a Termination of Easement in the Public Records of Collier County, Florida. GRANTOR, its successors and assigns, shall upon said vacation, have the right to require GRANTEE, its successors and assigns, to remove any structure or improvements which may affect GRANTOR'S use of the property. GRANTEE hereby covenants and agrees to indemnify, save, protect and hold harmless GRANTOR against any loss, damage, injury, debt or expense (including attorney's fees) claimed or asserted by any person or entity, arising out of GRANTEE'S installation or use of GRANTEE'S facilities described above. Grant of Utility Easement OR: 2732 PG: 1797 160 2 Page 2 IN WITNESS WHEREOF, GRANTOR has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year first above written. .ATTEST: DWIGHT E. BROCK ~'¢" ('~"/,,~.,,,~..~.,~'" , D~puty Clerk Att.~st as to'Cha~'~ signature ~1~, s~un{~ Attor~ BOARD OF COUNTY C/OM, ~ERS Chairman THIS CONVEYANCE APPROVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT TO THE PROVISIONS OF RESOLUTION NO. 2._~oo ~ ~-~'~ _ ' 160 ;~ ~ §. . ~I . ~ ~ -. ~ - :. ~ ~ ~ I " 16g 2 · -~ ~ ~ ~o- .~.~'_~ ~- o~ ~ ~ , ~ jl ',~/& ~ I~.~7/i CAPRi BOULEVARD ~ / ~ · ~ '~ , , ...... STATE ROAD 951 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SE'I-rLEMENT STATEMENT Collier Title Insurance Agency of Naples, Inc. 2335 N. Tamiami Trail, Suite 310 Naples, Florida 34103 B. TYPE I. [] FHA 4. [] VA OF LOAN [] FMHA 3. [] CONV. UNI ] CONV. INS. FILE NUMBER: CTI-2109-00 8. MORTGAGE INS. CASE NO.: 7. LOAN NUMBER: C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items mar~ "(p.o.c.)' were paid outside the closing; they are shown here for Informational puq~oses and are not Included In the totals. E. NAME Of SELLER: ADDRESS OF SELLER: COLLIER COUNTY 3301 E. TAMIAMI TRAIL, BLDG. F, NAPLES, FLORIDA 34112 F, NAME OF LENDER~.: ADDRESS OF LENDERs:;: G. PROPERTY LOCATION: PART OF ISLES OF CAPRI, UNIT 2 VACANT LAND (ISLES OF CAPRI) NAPLES, FLORIDA I. SETTLEMENT DATE: September 28, 2000 J. SUMMARY OF BORROWER'S TTNSACTION I:K' SUMMARY OF SEL~ER'S TRANSA{ ;TION 10i. Contrfict :saio~;'p~i~e : ;:i ;: lO2. Personal property I 1402, pe[s0ne! PrOperty °' ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE: ] ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE: ~07. County taxes to : : 407. County taxes . to 109. 1to. 111. 112. 120. GROSS AMOUNT DUE FROM BORROWER: k 8,293.50 201. Deposit or earnest money . 202, Principai arnbun{ of hew i0a~ (~): i 203. Existing loan(s) taken subject to [ i 204, 205, 206. : :: : : 207. 22002 ADJUSTMENTS FOR ITEMS UNPAID BY SELLER: 210. City/town taxes to 211. County taxes : ?' to ~ 212. Assessments to 213. 214. 215. 216. 217. 218. 514. 516. 518. 409. ' 411. 420. GROSS AMOUNT DUE TO SELLER: ~ .5,000.00 501. Excess deposit(see instructions) Existing loan(s) taken subject to 505. Payoff of second mortgage loan 507. 509. ADJUSTMENTS FOR ITEMS UNPAID BY SELLER: 510. City/town taxes to 512. Assessments to 220. TOTAL PAID BY/FOR BORROWER: I~ 0.00 301. Gross amount due from borrower (line 120) 8,2 93.50 302, Less amount paid by/tmbStroW~}(lin6 22~)! 0 303. CASH ( [] FROM) ( [] TO) BORROWER: ~ 8,293.50 IN AMOUNT DUE TO SELLER: b. 0.00 amount due to se!!er (line420) 5,000. O0 :~ t0tal ?~dU~llSfi~ ii'i ~Sdn! dU~ii~:(fi,~520)l :) CASH (~ TO) ( ~ FROM) SELLER: > 5,000.00 Form No.: PTS-HUD1 om No 'IF RESPA, HB 4305.2 PAGE I .L. . SETTLEMENT CHARGES 700. TOTAL S^ S/BROXER'S COM ,ISSIO.: BASED O. ,RICE$ PAID FROM ' ..............................................................................................................................IBORROWER'S i:: FUNDS 704. $ ' AT 702. $ to SETTLEMENT 703. Commission paid at settlement ~ ....... 704. 801, Loan Originetlon fee %::::: : 802. Loan Discount % 803, Appraisal Fee to: : 804. Credit Report to: 805. Lender,s Inspection fee · :: 806. Mortgage Insurance application fee to 807; Assumption fee 808. 809. : : 810. PAID FRO~ SELLER'S FUNDS AT SETTLEMEt 902. Mortgage Insurance premium for 903. Hazard insurance premium for 904. Flood Insurance Premium for 1~2. Mortgage Insurance months ~ $ per month 1003; CIt~ pro,sHy taxe~ 1006. months ~ $ per month 1007. mon{hs~$ : : : perm6nth 1008. months ~ $ per month 1101. Settlement or closing fee to Collier T[tle Ins. Agency 1102. Abstract O~ title search t0 COllie~ Title lhs~ Agen~y/c0liie~ Abst:ta~t::; ; 1103. Title examination to Collier Title Ins. Agency 1105. Document preparation to 1107. Attorney's fees to (includes above items Numbers: 1108~ Title insurance to Colilar Tidelns~ AgenCy (includes above i~ms Number: 1109. Lender's coverage $ 1110. ~ner's coverage 1! 13. phone, postage & dc~i~c~ ~o .C~!lic~ Title Ins, Agency 1201; Recording ;fees 1202. City/county tax/stamps: Deed 1203. State tax/sta~ps~: ~204. Record Easement to Clerk of the d~rCu!t :C~g:r~ 1301 Sure to 1302. Pest inspection to 1303. ~uadrant Group 1304. 1305. 1306. 1307. 1400. TOTAL SETTLEMENT CHARGES (Enter on line 103, Section J- and- line 502, Section K) 3,293.50 0.00 I have carefully reviewed the HUD-I Setllement Statement and to the best of my knowledge end belief, It Is a true and accurate statement of all receipts and disbursements made on my account or by me In this transaction. I furlher certify that I have received a copy of HUD-I Settlement Statement. ESCROW ACCOUNT INTEREST PAYED TO COLEF.[R,,T~TLE. SPRINT-FLORIDA, INCORPORATED COLLIER ~~. Borrowers Sellers '~-~ ' ",,. ~' , , . . ' .o- The HUD-, Be, lament Statement which, have prepared Is a true and accurate account of this transaction. , have caused or ~1, Settlement Agent ~ Date ~.~er 28, 2000,,; Sylvia Dillon WA""I"G: ,tlsacrlmetoknowlnglymakelalseslatemenl. ~ .~ to the U,Ited States on thls or any other ,lmlla~ I p ~ ~ .~ ~ ( ant For delalls see: ~ ~ ~' ' ~ NL.:mS-HU~ Title I~ U.S. Code Section 1001 and SeLltOn 1010. , [, · TO: FROM: DATE: RE: Memorandum Ellie Hoffman Records Technician III Minutes & Records Management J. Keith Gomez ~ . .~. _( Real Property _S~cialist II Real Property Management Department November 14, 2000 Isles of Capri - Easement Conveyance Sprint-Florida, Incorporated 160 2 Please find attached one (1) copy of Resolution No. 2000~351, one (1) original Easement Agreement, one (1) orieinal recorded Grant of Utility Easement and one (1) copy of the closing statement. The Board of County Commissioner of Collier County, Florida approved the recordation on October 10, 2000, Agenda Item 16(D)2. Please contact me if you have any questions or comments at 8845. Thank you. attachments as stated James Fitzek, Operations Manager, Parks and Recreation Department w/attachments Property Appraiser's Office w/attachments Inventory File w/attachments Office of the Real Property Management Department