Naples Cay Consent & Joinder to Mutual Use AgreementM E310RANDUM
T 0:
SUE FIt. SON, ADMINISTRATIVE ASSISTANT
BOA Ri) OF COUN'FY ('OM MISSIONERS
FROM'~I A. MOT'F, S[!NIOR SI'E('I/\LIST
C.~" RF.'AI. t'ROI'I:.RTY MANAGF. MF. NT DEPARTMENT
I)ATE: AU(R,iST 23.
RECEB.,'ED
/,[;$ 1999
~rd Of COO.hr!
RE:
NAPI,F,.% ('.,\5' M/kS'Fl';I>, ASSO('IATION INC. CONSENT & JOINI)ER 'FO
ML.:TLJAI. 1 :SI:. ,,\GRI'~ENIIiNT
Attached you will find one (I) ('onscn! and Joindcr to Mutual Usc Agreement for execution by
Chai~voman Pamela S, Mac'Kic concerning thc above transaction. Please be advised that Iteidi
F. Ashlon. Assistant ('ounty Attorney. has reviewed and approved thc attached documents.
Thc Board of ('ounty Commissioners approved tim recordation of same on June 22, 1999. Item
16(B)(18).
Once thc Consent and Joindcr to Mulual USC Agreement has been executed, please fom'ard same
to Ellic I loffman, Records Technician III, Minutes and Records Management, for attestation by
the Clerk to thc Board. Ms. I loffinan will then call me at extension 8991 for document pick-up.
Thank you.
AttachlllCnt ;is staled
CONSENT AND JOINDER TO MUTUAL. USE AGREEMET
THiS CONSENT AND JOINDER TO MUTUAL USE AGREEMENT is given this
,~ _57"/Z~ day of ~ , 199J~, by the CITY OF NAPLES, a municipal
corporation (hereinafter referred to as 'City"), whose address is 735 8~h Street South, Naples,
Florida 34102, in favor of COLLIER COUNTY, a political subdivision of the State of Florida
(hereinafter referred to as "Collier County"), whose address is 3301 Tamiami Trail East, Naples,
Florida 34112.
WITNESSETH:
WHEREAS, the City is holder and owner of certain non-exclusive rights over, under and
across the area more particularly described in Exhibit "A", said rights including but not limited to
rights obtained and based upon the following:
Nature of Date Grantor Grantee Recorded in
E~umbrance O.R. BooldPag~
Grant of Utilities'
Easements to
Municipality
2/12/82 Robert T. Benson, Sr., City of Naples 965/75
John A. Pulling, and
David C. Jones, Jr.
WHEREAS, Collier County has or will be obtaining from the fee simple owner of the
area described in Exhibit "A", a perpetual right and privilege of use for access, construction and
maintenance, over, under, upon, and across a portion of the area legally described in Exhibit
"A", attached hereto and incorporated herein by virtue of this reference (which premises are
herein referred to as the "Easement Area"); and
WHEREAS, Collier County has requested that the City consent, join in, and agree to the
mutual use of the Easement Area and the City has so agreed.
NOW, THEREFORE in consideration of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City
does hereby consent, join in and agree to the mutual use of lhe above referenced Easement
Area by Collier County, provided that:
1. The County agrees to hold the City harmless for any damage to County facilities
as the result of the City operation; maintenance and repair of City facililies in the Easement
Area, except for damage caused as a result of the City's negligence;
2. The County agrees to be responsible for the repair to City facilities within the
Easement Area as the result of any culvert construction activity or present and future public use
o1' [;,e Cdlvurt in:~talla[~on; and
3. The County shall have the obligation to repair any damage to the City's facilities
within the Easement Area damaged as a result of the County's use thereof.
4. The County shall only be allowed to perform construction between May 1" to
October 31" and said work shall be completed within a thirty (30) day time frame.
IN WITNESS WHEREOF, the parties hereto have executed this Consent and Joinder to
Mutual Use Agreement on the day and year first above written.
ATTEST:,. ,~
DWIGHT E. BR0~K, Clerk
~., 'L L/~.o/-~/'F~/~ D e p._u ty Clerk
'At,test ~s t.o Ch~lr~n's
Approved 'as to form
and legal sufficiency:
Heidi F. Ashton
Assistant County ,Attorney
BOARD O~SSIONERS
COLLIER CO~. F£ORIB~A ~
PAMELA S. MAC44KIE, Chairwoman
A'FrEST:
Tara A. Nog'man, City Clerk
W'1'L[IAI~ BARNETT, Mayor
Approved as to form
and legal sufficiency:
Kenneth B. Cuyler
City Attorney
J31.^NNEII..";, ENVIRt3N~F. NT..~L ('~'~,)N~tJI.TANT,~, ENt;INI~r!R~,
Description of Tempora.,'y Access a3d Construction Easement
being pa~'t o£Govcrru-nent Lot I of Section 16, Township 49 South, Range 25 E~st
Collier County, Florida.
All that part of Government Lot I of Scction 16, Township 49 South, Range 25 East, Collier County Florida,
being more particularly described as follows:
Commcncini~ at the southeast comer of said Government Lot 1;
thence along thc so,'.th line of said Government Lot I South 89"24'40" West 1{550.75 feet to the southwest corner of
Unit One Seagate Subdivision (Plat Book 3, Page 85);
thence continuing along said south linc of Government Lot I South S9024'40'' West 20.00 feet to thc
PO~,~T OF BEGFt,~ING;
thence continuing along said line, South S90'24'40' West 111.17 feet:
thence leaving said line, North 00"35'20" West 30.00 feet;
thence South 89°24'40'' West 60.00 feet;
thence North 00°35'20" West 120.00 feet;
thence North 89°24'40'' East 75.00 feet;
thence South 0003.5'20'' East 4.5.76 feet;
thence North 89o24'40" East 96.17 feet;
thence South 00°3S'20'' East 54.24 feet;
thence North ~9°24'40'' East 20.00 feet to the west linc of said Unit One Seagate Subdivision;
thence along said west line, South 00°35'20" East 20.00 feet;
thence leaving said west line, South 89~4'40" West 20.00 feet:
thence South 00035'20'' East 30.00 feet to the POINT OF BEGIN~I'NG;
containing 0.40 acres +/-.
Subjec~ to casements, restrictions and reservations of record.
See attached sketch.
Bc. arings arc based on the south line Govcrnmcnt Lot I of Section 16, Township 49 South, R~n§e 2.5 East, Collier
County, Florida bcin§ North ,~9°24'40" West.
WILSON, MILLER., BARTON & PEEK, rNC.
R¢§istered Engineers and Land Surveyors
Cc~i~catc of authorization LB-#43.
Not Valid unless embossed with the Professional's seal
Ref. 2L-5.56
W.O.: 010%081-005-JCPAS
Date: October 13, 1997
EXHIBIT "A"
Page 1 of 4
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EXHIBIT "A"
Page 2 of 4
['~I.ANMI.~I[.'4. ~NVII[['~NMI~NT,,,~I. ( ;~['}N.'q[Jl.'r'^~T.',4, EM(
Description of Permanent Access a~d Maintenance Easemc'nt
bcin§ p~"~ of Government Lot I ot'Section 16, Township 49 South, Range 25 East
Collier County, Florida.
All that part of Government Lot I of Section 16, Township 49 South, Range 25 East, Collier County Florida,
being more particularly described as follows:
Commencing at thc southeast corner of said Government Lot I;
thence South 89°24'40'' West along the south line olrsaid Government Lot I 1650.75 feet to the southwest
corner of Unit One Seagate Subdivision (Plat Book ], Page 85);
thence leaving said line North 00°35'20" West along the west line of said Unit One ]10.00 feet to the
POI'NT OF BEGfN'NING;
thence South 89°24'40'' West 42.16 feet:
thence South 00°]15'20'' East ]0.00 feet to thc said south line of Government Lot 1;
thence along said line, South 89°24'40'' West 59.01 feet;
thence leaving said line, North 00°]t5'20'' West 104.24 feet;
thence North 89°24'40'' East 59.01 feet:
thence South 00°2t5'20'' East 54.24 feet;
thence North 89°24'40'' East 42.21 feet to the west line ofsaid Unit One Seagate Subdivision;
thence along said west line, South 00°]15'20'' East 20.00 feet to the POINT OF BEGINNING;
containing 0.I5 acres +/-.
Subject to c~'.emcnts, restrictions and reservations of record.
See anachcd sketch.
Bearings are based on the south line Government Lot I of Section 16, Township 49 South, Range 25 East,
Collier County, Florida being Norzh 89°24'40" West.
WILSON, MILLER, BARTON & PEEK, INC.
Registered Engineers and Land Surveyors
Certificate of authorizatioa
Not Valid unless embossed with the Professional's seal.
Rcf. IL-160
W.O.: 0103-08 i-005-JCPAS
Date: October 18, I997
141'l It'U. W410)C~QI
EXHIBIT "A"
Page 3 of 4
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EXHIBIT "A"
Page 4 of 4