Backup Documents 10/27/2015 Item #16E4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO kid
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office 032
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4. BCC Office Board of County --'N
Commissioners y'i\rs Y (e4545\ t�
5. Minutes and Records Clerk of Court's Office 1`013-o(f s 3
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PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff SUE JIM ZIMMERMAN Phone Number 239-252-2622
Contact/ Department
Agenda Date Item was JULY 7,2015 Agenda Item Number 16E4
Approved by the BCC
Type of Document MUTUAL RELEASE Number of Original ‘.) .Q `�'`e---\SA5e
Attached Documents Attached 1s=1/4.SeNctiex
PO number or account 'PVe-RS
number if document is ate v� V‘q � `
N VdN
to be recorded \``�y� � \
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A (Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? c,�i (�
2. Does the document need to be sent to another agency for additional signs? If yes, N/A
provide the Contact Information (Name; Agency; Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed sJz,
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the .JZ,
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's sJZ
signature and initials are required.
7. In most cases(some contracts are an exception), the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 7/7/15 (enter date)and all changes sJz
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the __(�
BCC, all changes directed by the BCC have been made, and the document is ready for the d lNN''��
Chairman's signature. g Y
I: Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05.Revised 2.24.05;Revised 11/30/12
16 E 4
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Memorandum
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TO: Minutes & Records Management /
FROM: Sue Zimmerman t
Sr. Property Acquisition Specialist
Real Property Management
DATE: October 27, 2015
RE: Original Document — CITY GATE
Attached is the original Mutual Release signed by the property owners of the property within
City Gate Commerce Center Phase Two, 850 NWN, LLC and CG II, LLC, and the Chairman
of the BCC on behalf of the Collier County Water-Sewer District. Please include this in the
existing BMR Real Property folder titled "City Gate."
You will also be receiving a Utility Easement related to City Gate (referencing SRO Wellfield)
directly from Recording.
Please contact me if you have any questions or comments at Extension 2622. Thank you.
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MUTUAL RELEASE n
This Mutual Release ('Release") is executed this oa�9(I'day of Dc•, 2015, by and
between 850 NWN, LLC and CG II, LLC (collectively the "Owners") and the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT ("Water-Sewer District").
RECITALS:
WHEREAS, Owners and Water-Sewer District entered into that certain Agreement
dated September 19, 2010 (the "Agreement") which provides for Owners to make
certain Field Changes to Water-Sewer District's Well No. 2 and Water-Sewer District
would be responsible to reimburse Owners up to $24,900; and
WHEREAS, Water-Sewer District hereby agrees to complete the terms of the
Agreement, defined as Field Changes as they pertain to Well No. 2, in return for a
release of its responsibilities to Owners.
WITNESSETH:
NOW THEREFORE, for and in consideration of the payment of One Dollar ($1 .00),
and other good and valuable consideration, in hand paid, the receipt and sufficiency
of which are hereby acknowledged, the parties agree as follows:
1 . Owners do hereby release, cancel, forgive and forever discharge Water-
Sewer District and each of its predecessors, parent corporations, holding companies,
subsidiaries, affiliates, divisions, heirs, successors and assigns, and all of their officers,
directors and employees from all actions, claims, demands, damages, obligations,
liabilities, controversies and executions, of any kind or nature whatsoever, whether
known or unknown, whether suspected or not, which have arisen, or may have arisen,
or shall arise by reason of the Indebtedness and/or the guaranty of payment of the
Indebtedness as designated and described in the Agreement from the first day of the
world, including this day and each day hereafter, and Owners do specifically waive
any claim or right to assert any cause of action or alleged case of action or claim or
demand which has, through oversight or error intentionally or unintentionally or through
a mutual mistake, been omitted from this Release.
2. Water-Sewer District does hereby release, cancel, forgive and forever
discharge Owners and each of his holding companies, subsidiaries, affiliates, divisions,
successors, heirs, and assigns in all capacities whatsoever, including without limitation as
an officer, director, employee, representative, designee, agent, and shareholder
thereof, from all actions, claims, demands, damages, obligations, liabilities,
controversies and executions, of any kind or nature whatsoever, whether known or
unknown, whether suspected or not, which have arisen, or may have arisen, or shall
arise by reason of any matter, cause or thing whatsoever, from the first day of the
world, including this day and each day hereafter, and Water-Sewer District does
specifically waive any claim or right to assert any cause of action or alleged cause of
action or claim or demand which has, through oversight or error, intentionally or
unintentionally or through a mutual mistake, been omitted from this Release.
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, 16E 4
3. The provisions of this Release must be read as a whole and are not severable
and/or separately enforceable by either party hereto.
IN WITNESS WHEREOF, the undersigned have executed this Release in triplicate
originals as of the day, month and year first set forth above.
AS TO OWNERS:
Signed, sealed and 850 NWN, LLC
deliyereyf in the presence of: A Florida Limited Liability Company
t. ,�A .. c By: t
itenture / osepfn R. Weber, Vice President
ittih v6� T S'1c4.4,0
4.
Pri Name
Prri7"4- air it utc)
Signature
Cl'---r{i°„ C,((-_ --t'_ Pc---N7 �1l
Printed Name
STATE OF Qn 10
COUNTY OF t,try1t`iq
The foregoing instrument was acknowledged before me this n day
ofOdeber , 2015, by Joseph R. Weber, as Vice President of 850 NWN, LLC, a Florida
limited liability company, who is personally known to me or has produced
as identification._„0 ykeLLE 4 40.,,, Ut-elalL A( 1 6�
4N,0-7Qupc iki 1•,„
Notary Public •
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���`1i,/jto,(. 1}i Print Name: tAh&Lile X VartsCD
`. .r- 4 My Commission Expires: 4/1s/t9
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Signed, sealed and CG II, LLC
delivered in the presence of: A Florida Limited Liability Company
. C i:d' c By: lir
, , f/1,���
•fg ature / / Josey R. Weber, Vice President
Z/trvocdocc 77 `Te` ,-,s 1C't
P 'nteia Name
Signature
Printed Name
STATE OF Oh Ib v
COUNTY OF �L(1 (71
11E.
The foregoing instrument was acknowledged before me this 5 day
of CC.,400e.f , 2015, by Joseph R. Weber, as Vice President of CG II, LLC, a Florida
limited liability company, who is personally known to me or has produced
as 'dentin-Callon.
pNN,IM/•/NAELLE4,, oliJ A U ckAks J
. a, 4 pue!.ic.s 11;0,, Notary Public, �P
I AA'\ l i'-7 ;114-� Print Name: 4LC�'d € k VOxLSt
�� ���,,5�0 My Commission Expires: 4/t3/L9
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As to Water-Sewer District:
Attest: BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND
AS THE EX-OFFICIO GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT
DWIGHT E. B,RQCK, Clerk
By:
�.'r Deputy Clerk Tim Nance, Chairman
Attest,as to Chpio**,
signatcrre oniyr
•ts 1 J,
Approved as to form and legality:
•
Jennifer A. Belpe , L-�
Assistant County Attorney C_
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16E4
INSTR 5190645 OR 5210 PG 1530
RECORDED 11/3/2015 10:32 AM PAGES 4
Project: SRO Wellfield Phase 1 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
FOLIO NO.: 00298160008 COLLIER COUNTY FLORIDA
ACCEPTED PURSUANT TO BCC ITEM 16E4
on July 7,2015 DOC@.70$0.70 REC $35.50
UTILITY EASEMENT
THIS EASEMENT, made and entered into this 5 day of ( ,tc,i c ' - , 2015, by
CG II, LLC, a Florida limited liability company, whose mailing address is 159 S. Main Street,
Suite 500, Akron, Ohio 44308-1300 (hereinafter referred to as "Grantor"), to the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING
BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, whose mailing
address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 (hereinafter referred to
as "Grantee").
Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective heirs, legal representatives, successors or assigns.
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged,
hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a
perpetual, non-exclusive easement for utility, access and maintenance purposes, on the
following described lands located in Collier County, Florida, to wit:
Said lands are legally described in Exhibit "A" attached hereto and incorporated herein
by reference, and labeled therein as
Subject to easements, restrictions, and reservations of record.
This is not homestead property.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon
said lands, excavate, and place or remove materials, including, but not limited to, water lines
and pipes, well pumps and raw water wells, and other equipment or improvements appurtenant
thereto or thereunder for the purpose of constructing, reconstructing, maintaining, repairing,
operating and relocating within the easement area utility facilities under, on, above and through
the easement area shown on Exhibit "A." The easement granted herein shall constitute
easements running with the land and shall burden the lands described above.
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IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date
and year first above written.
f/ CG II, LLC, a Florida limited liability
�►�r ." �
. / � company
fin-
ess (Si• 'atur=i .
Name: A, . IC _"s tzlirMid/CI
(Print or Ty•,-1' By,
'a7 � By,
Weber, Vicresident
159 S Main Street, Suite 500
Witness ignature) Akron, Ohio 44308-1300
Name: Z'` LAL- `�--i .YA-K C--O
(Print or Type)
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STATE OF r)h t 0
COUNTY OF ssUrnrm1 if
The foregoing Utility Easement was acknowledged on this P5 day of Cxtober ,
2015 by Joseph R. Weber, Vice President, on behalf of CG II, LLC, a Florida limited liability
company, who is personally known to me or who has produced
as identification.
(affix ,� 'r1ir/ .
l it t.QQ A UO J to
••��a? grF�s'•, (Si nature of NotaryPublic)
r �„��/�Qop% l C.1 yu le k C1�Y'us up
` 2; _ (Print Name of Notary Public)
•;_- ° '- NOTARY PUBLIC
r:A V --IA-7 .►, ' = Serial/Commission #:aol4-RE-4-4ga55(o
';��' ,;,-'� �`._, My Commission Expires: 4111/ hl
„", EXPIRES� `��`
Approved as to form and legal sufficiency:
By: %C)._ ,
Jennifer A. Belped iki ssistant County Attorney ��
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NOTES GRAPHIC SCALE
1. This is not o survey. 0 25 50 100
2. Bearings shown hereon ore based on the Plat of City Gate
Commerce Center, Phase Two, Plot Book 49, Pages 97 through
100, Collier County, Florida. 1.11111111111
3. No easement search or abstracting was done by the surveyor ( IN FEET )
and note should be token that this property is subject to any 1 inch = 50 It
facts that may be revealed under a full and accurate title
search.
4. All dimensions ore in feet and decimals thereof, unless
otherwise noted.
5. Subject to easements, reservations, and restrictions of record.
6. This sheet is port of a 2 sheet set.
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O
4'/ 130'O.E.
c'' GOLDEN GATE CANAL
S
�S
OTJ
/9e O RESOURCE RECOVERY PARK
/L O.R. 2628, PG. 1174
/S
/ I 20' U.E.
O ' P.GRG.. 3553,
0469
WELL SITE 1
O.R. 2755, PG. 2557
40'x40'
150'D.E.
GOLDEN GATE CANAL
PARCEL A 1 WELL SITE 3/9
ADDITION TO WELL SITE I
D.R. 3046, PG 0533
I _ -1- T 7 SECTION 25 20'X 40'
SECTION26 —
POINT OF BEGINNING I I
NORTHEAST CORNER OF SECTION 35,
TOWNSHIP 49 SOUTH, RANGE 26 EAST
NORTH LINE OF SECTION 35-49-26
II
k 10.00'1 N89"13'O1'r 75.30' I -1- - I -
—
I
-- (/-
PARCEL ''N• NOO'46'S91Y �/ 589'13'Ol'W 78.00' LSOO'55'48V
20'U.E. A.E. & ALE.
O.R. 3965, PG. 2887 10.00I 10.00'
—
T SECTION 35 SECTION 36
CITY GATE EAST LINE OF SECTION 35-49-26— COLLIER COUNTY
CG II, LLC COUNTY 305
O.R. 3336, PAGE 2524 I O.R. 5063, PG. 2007
I
ABBREVIATIONS K JEYING SKETCH & DESCRIPTION
A.E. = ACCESS EASEMENT JV. Ir'''',`".7?': ce
M.E. = MAINTENANCE EASEMENT
O.E. = DRAINAGE EASEMENT — M 9T, "� A portion of Section 35,
U.E. = UTILITY EASEMENT — ,"O
O.R. = OFFICIAL RECORDS BOOK �• II�- 'H Township 49 South, Range 26 East
PG. = PAGE Q ; , irr
4..'.2 Collier Florida
PB = PLAT BOOKCounty,
A LIMITED LIAIILITY COMPANY
4ARCO SURVEYING & MAPPING CLIENT: Collier County Board of County Commissioners
950 NORTH COLLIER BOULEVARD
SURE 412 PROJECT#:l P080 SUB PROJECT: Well Easements
MARCO ISLAND, FLORIDA 34145 DRAFTED BY: DATE SCALE WO NUMBER SHEET I DRAWING NO.
(239 389-0026 x �1 IT TIM 4/2015 1"=50' 14-305 1 of 2 1-0440
/1 '• �+
Page I of a
16F4
LEGAL DESCRIPTION
PARCEL A:
A parcel of land lying in a portion of Section 35, Township 49 South, Range 26 Eost, Collier County,
Florida, being more particularly described as follows:
BEGiN at the Northeast corner of Section 35, Township 49 South, Range 26 East, Collier County,
Florida; Thence South 00'55'48" West, along the Eost line of said Section 35, for a distance of 10.00
feet to its intersection with a line, being 10.00 feet southerly of, when measured at right angles to,
the north line of said Section 35; Thence South 89'13'01"W along said 10.00 foot southerly line and
the north line of those lands described as "Parcel N" as recorded in Official Records Book 3965 at
Page 2887 of the Public Records of Collier County, Florida, for a distance of 75.00 feet; Thence North
00'46'59" West, for a distance of 10.00 feet to its intersection with the north line of said Section 35;
Thence North 89'13'01" East along said Section line a distance of 75.30 feet to the POINT OF
BEGINNING.
Containing 751.4 square feet more or less.
For the Exclusive Use Of:
Collier County Board of County Commissioners
J�JEYING SKETCH & DESCRIPTION
7 h _ �:, 9 A portion of Section 35,
David J. Hyatt,
Florida License No. 5834 Township 49 South, Range 26 East
Not valid without the signature and H
original seal of the Florida Licensed Collier County, Florida Q 1
Professional Surveyor and Mopper A LIMITED II ABI L:TY COMPANY
Certificate of Authorization #7705. MARCO SURVEYING & MAPPING CLIENT:: Collier County Board of County Commissioners
950 NORTH COLLIER BOULEVARD PROJECT/:l P080 sue PROJECT: Well Easements
SUITE 412
MARCO ISLAND, FLORIDA 34145 DRAFTED BY: DATE SCALE WO NUMBER SHEET,f DRAWING NO.
AsYWWWMRCOuREScoM TIM 4/2015 1"=50' 14-305 2 of 2 1-044C/
EXHIBIT A
Pan=