Backup Documents 04/12/2016 Item #16K3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP A-144-1°
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (4/XS—
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 Attorn Offi e no later
than Monday preceding the Board meeting. P-47
**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 JAK 4/25/16
4. BCC Office Board of County
Commissioners \„$i/ q\Z \uo
5. Minutes and Records Clerk of Court's Office id-r/ 6 3:tr,
rigA
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 Jeffrey Klatzko ,County Attorney 252-8400
Contact/Department
Agenda Date Item was 4/12/16 1, Agenda Item Number 16-K-3
Approved by the BCC
Type of Document Developer Agreement Abaco Club Number of Original One
Attached Documents Attached
PO number or account 001-100510-649030
number if document is
to be recorded
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 ` Q�
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
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 JAK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
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 JAK
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 JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAK
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 4/12/16 and all changes made during the JAK N/A is not
meeting have been incorporated in the attached document. The County Attorney's _.an option for
Office has reviewed the changes,if applicable. th l 'ne.
9. Initials of attorney verifying that the attached document is the version approved by e JKlz`:. 1/A isnot
BCC,all changes directed by the BCC have been made,and the document is read for thant option f4
Chairman's signature. this li e.
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
1 6 1( 3
DEVELOPER AGREEMENT
ABACO CLUB
THIS DEVELOPER AGREEMENT("Agreement")is made and entered into this day
of March, 2016, by and between Mary Wagner (hereinafter referred to as "Developer"), whose
address is do The Ambassador Hotel,Unit 110,2730 S. Ocean Boulevard, Palm Beach,FL 33480,
and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the
governing body of Collier County,a political subdivision of the State of Florida(hereinafter referred
to as"County").
RECITALS:
WHEREAS, Developer is the owner of that certain real property located in Collier County,
Florida, commonly known as "Abaco Club", which real property is more particularly described in
Exhibit A attached hereto and made a part hereof(hereinafter"Abaco Property"); and
WHEREAS,On September 13,2005,a Stipulated Final Judgment(hereinafter"Judgment")
between property owner, Mary Wagner, and Collier County was entered with the Circuit Court
settling the lawsuit styled Collier County,Florida,vs. Tree Plateau Co.,Inc, et al.,as to Parcels 106
and 806. The Judgment reserved to Mary Wagner the right to request, within ten(10) years from
the date thereof,that the County convey to Mary Wagner,or her successors and assigns,a fee simple
interest in Parcel 806; and upon such request the County would convey a statutory deed to Parcel
806,reserving unto the County a drainage, utility and maintenance easement over Parcel 806 .The
Judgment further provided that Mary Wagner,or her successors or assigns may amend the drainage
pond thereon to add,move,alter or modify same subject to the permitting requirements of the South
Florida Water Management District. A copy of this Judgment is attached as Exhibit B; and
WHEREAS, in connection with the Immokalee Road Widening Project, the County l;
constructed a Pond on Parcel 806,as more particularly described in Exhibit C; and
WHEREAS, a request for said conveyance by statutory deed was duly received from an !�
assignee of Mary Wagner and also by Mary Wagner; and
WHEREAS, in keeping with the above, on February 22, 2016, the Board approved a
Statutory Deed conveying Parcel 806 to Mary Wagner, reserving to the County a perpetual, non-
exclusive easement for drainage, utilities and maintenance over the entire parcel and containing
certain restrictions(hereinafter"Stormwater Pond Area"). A copy of the Deed is attached as Exhibit
D; and
WHEREAS, the Developer wishes to exercise its right to modify the drainage pond in the
manner set forth below, which the County is amenable to.
INSTR 5257521 OR 5266 PG 824
RECORDED 4/26/2016 2:44 PM PAGES 22
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
[12108-0001/2463084/1] 1 COLLIER COUNTY FLORIDA
REC$188.50
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WITNESSETH:
NOW, THEREFORE,in consideration of Ten and No/100 Dollars($10.00)and other good
and valuable consideration exchanged between the parties, and in consideration of the covenants
contained herein,the parties agree as follows:
1. All of the above Recitals are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below.
2. Alteration of Pond Site. Developer may re-sculpt for aesthetics, and landscape and
irrigate the area within the Stormwater Pond Area subject to receipt of a right-of-way permit and
approval of the County's Transportation Planning Division which will not be unreasonably
withheld. If the re-sculpting results in a portion of the required lake maintenance easement on
Developer's property being outside of the County's drainage easement, then the Developer shall
convey to County,an additional drainage easement and lake maintenance easement for this modified !
area, free and clear of all liens and encumbrances, at the time of first subdivision plat or site
development plan approval. Developer may also remove the existing fence on the east side of the
Stormwater Pond Area. Developer shall not remove or block the County's existing dirt and gravel
access pathway and drop curb from Immokalee Road to the stormwater pond.
3. Maintenance and Repair of Stormwater Pond Area. The Developer shall be obligated
to maintain the stormwater pond and repair and replace, the Stormwater Pond Area, all at its sole
cost and expense. Should the Developer fail to maintain the Stormwater Pond Area in accordance
with Exhibit"C"or law,the County may provide notice to the Developer in writing,specifying the
nature of the deficiency. Within five working days following receipt of such notice,the Developer
at its sole cost shall cause the appropriate repairs or cure to be effected. In the event damage to,or
failure to maintain the Stormwater Pond Area results in a situation where public safety is at risk,(1)
the Developer shall effect repairs within twenty-four hours of receipt of the County's written notice,
or(2)the County may, at its option, effect repairs to the improvements, without the need for prior
notice to the Developer,and will promptly bill the Developer for all actual costs incurred in effecting
the repairs. The Developer shall reimburse the County for such costs within thirty days of receipt
of the County's bill. The County shall be obligated to maintain,repair and replace,at its sole cost
and expense,the 48 inch drainage or outfall pipe lying within Parcel 806 and Immokalee Road.
4. Indemnification by and Liability of County. County shall be responsible for
performing any cleanup of the stormwater pond that may be required by local, state or federal
regulations resulting from an accident or spill on Immokalee Road which discharges pollutants,
hazardous waste or other material defined or designated as toxic or hazardous under local, state or
federal regulations into the stormwater pond.
5. Indemnification by and Liability of Developer. The Developer, as Indemnitor
hereunder, shall indemnify and save harmless the County, as Indemnitee hereunder, including all
employees of the County, from any loss or damages Indemnitee may suffer as a result of claims,
suits, demands,damages, losses, fines,penalties, interest, expenses, costs, or judgments, including
[12108-000112463084/1] 2
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attorneys' fees and costs of litigation, against the County arising out of the Developer's use of the
Stormwater Pond Area for the purposes set forth in this Agreement. The County shall not undertake ;i;
to settle any lawsuit or threatened lawsuit that could give rise to Indemnitor's obligation hereunder
without the prior consent of Indemnitor, such consent to not be unreasonably withheld. County
agrees to give Indemnitor written notice of any claims filed against the County in connection with
this Agreement,within thirty days of the date that County is aware of such claim.
6. Joint Use. County and Developer agree that the joint use of the Stormwater Pond
Area shall allow the Developer to discharge into the County's stormwater pond up to a point where
the calculated discharge rate impact into the Cocohatchee Canal(without raising the stage) for a 25
year storm event will not exceed 15.4 CFS, and County approves the joint use of the pond subject
to issuance of a right-of-way permit and approval of the construction plans by the County's
Transportation Planning Division.Prior to its utilization of the Stormwater Pond Area for drainage,
Developer at its sole cost, shall revise the County's South Florida Water Management District
("SFWMD") permit to allow for the joint use of the Stormwater Pond Area. After County's
approval of any joint use of the pond, and prior to Developer's connection to the County's
stormwater pond, Developer shall increase the berm elevation on the east side of the pond to the
permitted elevation of 16.5 NGVD at its sole cost. In exchange for the County's approval of the
joint use of the Stormwater Pond Area in accordance with this Agreement, the Developer hereby
releases any ability it had under the Stipulated Final Judgment dated September 14,2005 in the case
of Collier County v.Tree Plateau,Inc.,Case No. 03-0519,to move,alter or modify the Stormwater
Pond Area, except as provided in this Agreement.
7. GMP approval. The County exempts the Abaco Property from the discharge rate
set forth in Policy 6.3 of the Stormwater Management Sub-Element of the Public Facilities Element
of the Growth Management Plan, because the project will discharge into the Cocohatchee Basin
Canal under the County's existing South Florida Water Management permit,which allows a higher
discharge rate. The maximum discharge rate for the Abaco Property (10.61 acres) shall be 1.5
cfs/acre into the County's pond.
8. County Access. County shall have access to the stormwater pond within the
Stormwater Pond Area at all times.
9. By separate agreement, County shall seek to terminate the maintenance
responsibility of Bent Creek Preserve, LLC of the Stormwater Pond Area pursuant to the
"Maintenance Agreement"with Bent Creek Preserve,LLC recorded in Official Records Book 4944,
Page 3800, of the Public Records of Collier County, Florida.
10. The parties acknowledge that Section 22-122 of the County's Excavation Ordinance
does not apply to County right-of-way. The Counties'drainage easement over Parcel 806 is deemed
County right of way and therefore, Section 22-122 does not apply. However, any alteration to the
Stormwater Pond Area including resurfacing, landscaping and irrigation will require a Collier
County right-of-way permit.
[12108-0001/2463084/1] 3
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LEGAL MATTERS I,
11. The rights and obligations of this Agreement shall bind and benefit any successors
or assigns of the parties. Any assignment shall become effective when the County receives from
Developer a written notice of assignment and a copy of the written agreement between the Assignor
and Assignee. Specifically, and without limitation, this Agreement shall be binding upon the
homeowner's association for Abaco Property upon the recordation of the Declaration for Abaco
Property, and such Declaration for Abaco Property shall provide for the homeowner's association
to assume responsibilities for the obligations as set forth herein. Developer shall provide purchasers
of homes in Abaco Property a copy of the Declaration for Abaco Property at the time of contract,
and as is customary,each such contract purchaser shall be required to sign a homeowner association
documents receipt acknowledgement as well as the Disclosure Summary regarding the
homeowner's association as required by Florida law.
12. Developer acknowledges that the failure of this Agreement to address any permit,
condition,term or restriction shall not relieve Developer or its successors or assigns of the necessity
of complying with any law, ordinance, rule, or regulation governing said permitting requirements,
conditions,terms,or restrictions.
13. This Agreement shall not be construed or characterized as a development agreement
under the Florida Local Government Project Agreement Act. In the event state or federal laws are
enacted after the execution of this Agreement,which are applicable to and preclude in whole or in
part the parties' compliance with the terms of this Agreement, including but not limited to State
legislation which materially changes the County's ability to charge impact fees, then in such event
this Agreement shall be modified or revoked as is necessary to comply with such laws,in a manner
which best reflects the intent of this Agreement.
14. The Developer shall execute this Agreement prior to it being submitted for approval
by the Board of County Commissioners. This Agreement shall be recorded by the County in the
Official Records of Collier County, Florida, within fourteen (14) days after the County enters into
this Agreement. The Developer shall pay all costs of recording this Agreement. A copy of the
recorded document will be provided to all parties upon request. The parties hereto shall do all things
which may be required to give effect to this Agreement immediately as such requirement is made
known to them or they are requested to do so,whichever is the earlier.
15. This Agreement shall be governed by and construed under the laws of the State of
Florida. In the event of any dispute under this Agreement,the parties shall attempt to resolve such
dispute first by means of the County's then-current Alternative Dispute Resolution Procedure, if
any. Following the conclusion of such procedure, if any, either party may file an action for
injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, such
[12108-0001/2463084/1] 4
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remedy being cumulative with any and all other remedies available to the parties for the enforcement
of the Agreement.
16. Except as otherwise provided herein, this Agreement shall only be amended by
mutual written consent of the parties hereto or by their successors in interest. All notices and other
communications required or permitted hereunder(including County's option) shall be in writing and
shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight
delivery service,and addressed as follows:
To County: To Developer:
Collier County Manager's Office Mary Wagner
3299 Tamiami Trail East, Suite 202 do The Ambassador Hotel,Unit 110
Naples,FL 34112-5746 2730 S. Ocean Boulevard
Phone: (239)252-8383 Palm Beach,FL 33480
Notices sent via Certified Mail,return receipt requested, shall be deemed given three (3) days after
being deposited in the United States mail, and notices sent by a nationally recognized overnight
delivery service shall be deemed given on the date of receipt.
17. This Agreement, together with the attachments, constitutes the entire agreement
between the parties with respect to the activities noted herein and supersedes and takes the place of
any and all previous agreements entered into between the parties hereto relating to the transactions
contemplated herein. All prior representations, undertakings, and agreements by or between the
parties hereto with respect to the subject matter of this Agreement are merged into, and expressed
in, this Agreement, and any and all prior representations, undertakings, and agreements by and
between such parties with respect thereto hereby are canceled. Nothing contained herein shall be
deemed or construed to create between or among any of the parties any joint venture or partnership
nor otherwise grant to one another the right,authority or power to bind any other party hereto to any
agreement whatsoever.The effectiveness of this Agreement is contingent on approval by the Board
of County Commissioners of Petition No. PL20150000204 for the Abaco Club PUD and expiration
of the appeal period and no appeal. Should the Petition not be approved or if such approval is
appealed and reversed,this Agreement shall be of no force or effect.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by
their appropriate officials, as of the date first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA
By: >
Attest as to Chairran Deputy Clerk D ti NNA FIALA, CHAIRMAN
signature only.
[12108-0001/2463084/1] 5
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AS TO DEVELOPER:
Signed, sealed and
delivered in the presence of:
7/i By: /
1 (d&Zy
M 'AG iER1
'Witness e: y�/�G 1` u #.
' 0S9-ai):)
State of Florida )
)ss.
County of Palm Beach ) 4K
4:9nd
The foregoing instrument was acknowledged before me this Ol _ day of MBicl1, 2016, by
MARY-WAGNER,who ( ) is personally known to me or has (>')produced f L-pi /�'Zs1--S`VZ=a s
identification. U ��
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NOTARY SEAI� ; z ,.1; �
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Printed Name
41/1 • O�tOber 15.2019 .
N� No.FF 927828 ; .•. ��'L '13� �//(4---7.29/rti 84
G••••.„,
•• qr Commission No. Expiration Date
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A.pprov gi t t, and le_ - �'j11111���`
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Jeffrey A'I! 'kow, County Attorney
6
1 3Exhibit "A" `
Legal Description
of± 10.61 Acre Parcel
THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 100 FEET
THEREOF PREVIOUSLY DEDICATED FOR ROAD RIGHT OF WAY.
LESS AND EXCEPT THAT PORTION TAKEN BY COLLIER COUNTY, FLORIDA, IN THAT CERTAIN
STIPULATED ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 3302, PAGE 3228, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
LESS AND EXCEPT THAT PORTION TAKEN BY COLLIER COUNTY, FLORIDA, IN THAT CERTAIN
STIPULATED ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 4366, PAGE 789, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL(PER O.R. 3252, PAGE 572):
THE WEST 200.00 FEET LESS AND EXCEPT THE NORTHERLY 88.92 FEET OF THE FOLLOWING
DESCRIBED PROPERTY:
THE EAST 1/2 OF THE NORTHEAST 1/41 OF THE NORTHEAST 1/41 OF SECTION 261, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SUBJECT TO AN EASEMENT FOR ROAD
RIGHT OF WAY OVER AND ACROSS THE EAST 30 FEET THEREOF, AND EXCEPTING THE NORTH
100 FEET THEREOF PREVIOUSLY DEDICATED FOR ROAD RIGHT OF WAY.
[12108-0001/2445612/1]
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,FLORIDA
CIVIL ACTION EXHIBIT
Ii ,
COLLIER COUNTY,FLORIDA, a
political subdivision of the State of
Florida, Case No.: 03-0519-CA
Petitioner, Parcel Nos.: 106& 806
vs. ':=
*,,,
2,1 0
TREE PLATEAU CO.,INC. �.�;
et al., -- =moi
Respondents. m. CJ
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STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLTF,R COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent,
MARY H. WAGNER, by and through her undersigned counsel, for entry of a Stipulated Final
Judgment as to Parcels 106 and 806, and it appearing to the Court that the parties are authorized to
make such Motion, the Court finding that the compensation to be paid by Petitioner, COLLIER
COUNTY, FLORIDA, is the full compensation due Respondent, MARY H. WAGNER., and the
Court being otherwise fully advised in the premises thereof,it is thereupon
ORDERED AND ADJUDGED that Respondent, MARY H. WAGNER, have and recover
from Petitioner, COT J.TER COUNTY, FLORIDA, the sum of Seven Hundred Fifty Thousand
Dollars and No/100 ($750,000.00) for Parcels 106 and 806 as full payment for the property
interests taken and for damages resulting to the remainder,if less than the entire property was taken,
business damages,and for all other damages in connection with said parcels;it is further
16K3
ORDERED that Respondent, MARY H. WAGNER, receive from Petitioner, COLLIER
COUNTY,FLORIDA, the sum of Ninety-Three Thousand Five Hundred Seventy-Five Dollars
No/100 ($93,575.00) for statutory attorney fees pursuant to Section 73.092, F.S., for Parcels 106
and 806;it is further
ORDERED that the Court reserves jurisdiction to award expert fees and costs incurred in the
defense of this case pursuant to Section 73.091,F.S.; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, has previously deposited the
amount of Five Hundred Eight Thousand Dollars and No/100 ($508,000.00) into the registry of
the Clerk of the Circuit Court toward the acquisition of Parcels 106 and 806 at which time title to
said parcels as described in Exhibit"A" vested in the name of Petitioner; it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court,Petitioner,COLLIER COUNTY,FLORIDA, shall disburse the total
amount of Two Hundred Forty-Two Thousand Dollars and No/100 ($242,000.00)to the JOHN
C. LUKACS TRUST ACCOUNT, do John C. Lukacs, Esquire, 201 Sevilla Avenue, Suite 305,
Coral Gables, FL 33134 for the balance of full compensation .due to Respondent, MARY H.
WAGNER; it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court,Petitioner,COLLIER COUNTY,FLORIDA,shall disburse the total
amount of Ninety-Three Thousand Five Hundred Seventy-Five Dollars and No/100
($93,575.00) to John C. Lukacs, Esquire, 201 Sevilla Avenue, Suite 305, Coral Gables, FL 33134
for statutory attorney fees; it is further
ORDERED that title to Parcels 106 and 806, being fully described in Exhibit "A" attached
hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA,
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pursuant to the Order of Taking dated May 22,2003, and the deposit of money heretofore made,are
approved,ratified, and confirmed;it is further
ORDERED that for a period of ten (10) years from the date of entry of this Stipulated Final
Judgment, Respondent, MARY H. WAGNER, or her successors or assigns, shall have the right to
request, in writing, that the County convey fee simple ownership of Parcel 806 to Respondent,
MARY H. WAGNER, or her successors or assigns, with the County retaining or reserving a
drainage, utility and maintenance easement over Parcel 806. Upon such request, Collier County
shall convey a statutory deed to Respondent, MARY H. WAGNER, or her successors or assigns,
with a reservation to Collier County as described in this paragraph;it is further
ORDERED that if Respondent,MARY H. WAGNER, or her successors or assigns, exercise
the right to obtain fee simple ownership of Parcel 806 as described in this Stipulated Final
Judgment, Collier County agrees that Respondent, MARY H. WAGNER, or her successors or
assigns,may amend the drainage pond thereon to add to, move, alter or modify the drainage pond
subject to permitting requirements of the South Florida Water Management District,Collier County
Development Review and any other reviewing agencies all at the expense of Respondent, MARY
H. WAGNER, or her successors or assigns as the case may be. The legal description of the pond
area will be revised accordingly. In such event, Respondent, MARY H. WAGNER, or her
successors or assigns, agrees to convey to Collier County a drainage, utility and maintenance
easement free and clear of all encumbrances for the pond area outside of Parcel 806. Respondent,
MARY H. WAGNER, or her successors or assigns, shall maintain the quantity and quality of the
County's drainage pond during any alteration or modification of the drainage pond. For all joint
uses of the drainage pond by Respondent, MARY H. WAGNER, or her successors or assigns,
Collier County shall have the right to review and approve the design plans;it is further
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ORDERED that under the Collier County Land Development Code, if Respondent, MARY
H. WAGNER,or her successors or assigns,holds fee simple title to Parcel 806 and the County has a
drainage, utility and maintenance easement over Parcel 806, then Respondent, MARY H.
WAGNER, or her successors or assigns, shall be entitled to the development density credit for the
gross acreage of Parcel 806 for the purpose of development of the remainder property; it is further
ORDERED that this Court reserves jurisdiction to award attorney's fees and costs for
supplemental proceedings,if any;it is further
ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment; it is further
ORDERED that this Stipulated Final Judgment is subject to review and approval by the
Board of County Commissioners of Collier County; it s further
ORDERED that the Notice of Lis Pendens filed in this cause and recorded in Official
Record Book 3215,Page 554, et seq., of the Public Records of Collier County,Florida be dismissed
as to Parcels 106 and 806;it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County,Florida;it is therefore
DONE AND ORDERED in Chambers at Naples,Collier County,Florida,this day of
, 2005.
-- - - The .e+i•i..e !,s x}�S
CIRCUIT COURT JUDGE SP 1 4 2005
,, Monaca
conformed copies to:
Heidi F.Ashton,Esquire
John C.Lukacs,Esquire
E. Glenn Tucker,Esquire
Brian R.Brattebo,Esquire
Kevin Hendricks,Transportation Acquisition
Bookkeeping
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JOINT MOTION FOR STIPULATED FINAL JUDGMENT'
The Parties hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Final Judgment as to Parcels 106 and 806.
Dated: / /7 e. Dated: q / 3 / cc
C/
#47 , (i4 Olt 1144
JOHN C.LUKACS,ESQUIRE HEIDI F.ASHTON,ESQUIRE
Florida Bar No.: 362727 Florida Bar No.: 0966770
201 Sevilla Avenue,Suite 305 OFFICE OF THE COUNTY ATTORNEY
Coral Gables,FL 33134 Harmon Turner Building
(305)445-4425 -Telephone 3301 East Tamianii Trail
(305)445-2210- Facsimile Naples,Florida 34112
ATTORNEY FOR RESPONDENT (239)774-8400-Telephone
(239)774-0225—Facsimile
ATTORNEY FOR PEl'I'I'IONER
1
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EXhi 1. .
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ow R/W
NORTH LINE OF SECTION 26
-- — _ IMMOKALEE ROAD •
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84. FEE SMPLE
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MARY H.WAGNER s
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I NOT TO SCALE
41
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__.1Notes:
•
I I 1. •This is not a survey.
� 2. Basis of bearing`'is.N/A.
I 1 3: Subject to easements, •
q reservations and restrictions of
I 1 •• record. .
I
1 1 4. This Is a revision of a Wllkison
I and Associates Sketch and
Description'which merged•with
I WllsonMiller effective 7/01/02.
•
. .
i1
i
SOUTH LINE OF THE ••
NE t/4 OF THE NE 1/4
6. IV A:
DESCRIPTION: \`'•
4,).The Northerly.88.92 feet•of the following described
•Proprerty,
1
2 •
"The East 1/2,, of the Northeast 1/4. of the Northeast
1/4.-of Section 26, Township 48 South,'Range 28 East; NOT TO SCALE:
Collier County, Florida; subject to an easement for
road right-of-way over and across the East 30 feet
• thereof, and excepting the north- 100 fest thereof
previously dedic tgd for rood right—of—wa �'
Containing 1,354acres more or less.
y, •
DAAVID J.r .L �!
Y. , P •';I. (FOR THE FIRM)
REVISED 11/13/02 FLA. LIG N 5:
REVISED lipY/02 NOT VALID WITHOUT THE SIGNATURE AND
REVISED 2/02 THE ORIGINAL RNSED SEAL OF A FLORIDA
REVISED 2/11/02 LICENSED SURVEYOR AND MAPPER
PROJECT MDs 60018 PARCEL fro..
108
DEPART
iIsOi�i Idler` " '
COLLIER COUNTY AfEiy,
OF TRA NSPORTA7IDN
T■•eva.,n•- • -•a.eyv OE:+•�10RI•ATliied..R. .1,,, ,.,mayWIKSKETCH AND DESCRP710N - •
•
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Nov 74,2002-09: 2 u 11/02 0401f-ppp_000_�001 kileal �C tRlas
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EXHIBIT_Q_ •
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- — IMMOKALEE ROAD
•
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•
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io �
++.+++.+.+.*.+.+.
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•i+++++i+iO+i+.i I Wiikison
•'Js+O•+O�+i+i�; I and Associates Sketch and
++++•O+••••• Description which merged with
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•
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1/4, of Section 26, Township 48 South,!Range 26 East, NOT TO SCALE:
Collier County, Florida; subject to an easement for
rood right—of--way,over and across the East 30 feet
thereof, and excepting the north 100 feet thereof
Prev<ously dedicated for road right—of—way.
Confolning 5.28 acres more or less. ��' / /L
DAVID J. HY FOR THE FIRM)
I FLA UC. • •��7
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THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
•
MURar MU 800/8 iMRcn No..
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Wlli011M/ller T 1+VIOH
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SKETCH AND DESCRIP110H
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INSTR 5234219 oR 5246 PG 3144 RECORDED 3/1/2016 2:44 PM PAGES 3 ;�
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA {^t
DOC@.70 $0.70 REC $27.00 u u
EXHIBIT
PROJECT: 99999 Miscellaneous
PARCEL: 337FEE (formerly Project No. 60018, Parcel No. 806)
STATUTORY DEED
THIS DEED, made this 3"{day of Feb r a 4 , 20 an, by
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800,
Naples, Florida 34112, (hereinafter called the Grantor), to MARY H. WAGNER, having
an address at 2730 S. Ocean Boulevard, Palm Beach, Florida 33480 (hereinafter called
the Grantee).
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, successors or assigns.)
WITNESSETH that the Grantor, for and in consideration of the sum of Ten
Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby
acknowledged, does hereby grant, bargain and sell unto the Grantee, the following
described land lying and being in Collier County, Florida:
See attached Exhibit"A" attached hereto and made a part hereof("Property").
Reserving unto the Grantor a perpetual, non-exclusive easement, license and
right for utilities and surface water runoff, drainage detention, and drainage attenuation,
over, across, upon, through and under the Property. The aforementioned easement
includes the right of ingress and egress over and across the Property for access by
governmental vehicles and/or Grantor's agents for purposes of maintenance and repair
of the existing drainage pond and any drainage structures situated within the Property.
This deed is conveyed on the condition that the drainage pond situated within the
Property may not be moved or relocated in any material respect, but it may be re-
sculpted subject to Grantor's approval which will not be unreasonably withheld.
AND the Grantor hereby releases, for itself and its successors, any and all interest
reserved to Grantor under the provisions of Section 270.11, Florida Statutes, in the
phosphate, minerals, metals and petroleum in, on or under said land, and right of entry
and privilege to mine and develop the same.
AND reserving unto the Grantor an access easement from the Immokalee Road
right-of-way to the drainage pond, for access by governmental vehicles and/or Grantor's
agents for purposes of maintenance and repair of the existing drainage pond and any
drainage structures situated within the Property, over, upon and across that portion of
the Property described as the South 60 feet of the North 248.92 feet of the East 38 feet
of the West 85.5 feet of the East One half (E '/2) of the Northeast One Quarter (NE ' )
of the Northeast One Quarter (NE ' ) of Section 26, Township 48 South, Range 26
East, Collier County, Florida.
12108-0001/2430437/1
.J
OR 5246 PG 3145
IN WITNESS WHEREOF the said Grantor has caused these presents to be
executed in its name by its Board of County Commissioners acting by the Chairman or
Vice Chairman of said Board, the day and year aforesaid.
ATTEST:
,; `€11IiiE. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
- .Attes�t*:apfo Chairman'9eputy Clerk DONNA F ALA, Chairman
• Arirn
(OFFICIAL SEAL)
Approved as to formAj and legality
rk
Assistant County Attorney
12108-0001/2430437/1
*** OR 5246 PG 3146 ***
V 7;7
1
1 ,
. . - L. . ._.
• 111
•
. • .0 i . •
. . Expierr.....)L •. . •
•
F.100R/W —...i....A.....i..... •
, ' . • Pegs . .
NORTH LINE •OF SECTION 28 -
' . . .
. .
- . •
•
—IMMOKSA.LRE.E154REP FEE SIMPLE . N
. • INTEREST-
, I,
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...„.........w. k
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• • • . ; .
.. , ••:::::•:::•::::::1 • I
Notes: '
• !•trtirava. . • 1 . - .
••••‘• it •'•'''s '
- k&gusiKNAA.
• •
, Er.7•17-vw.07.4-. III. 1. This is not a survey.
• €;•:•:•••:::•4•:.: • • - i 1 . . . . '
V••••••••••••••i • • .
4„..•••••••••4•4•4 • ' 2.•Basis of bearing.Is N/A. ' - - •
•
1 *•••••••••••••••••0
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. t•:•:•:•:+:*:•:` . reservationt and restrictions of
r:•••••••••••••••4 •' it -
, •••4,•••••••••••4
s record. • . .. - . • •
.r•••ersr.••••••••4 i .
•
r••••*•••••••••••4! . 4• This Is a - ii ,'ton of .Witkiton
. 1.;•:•:•:::::::•: i • --
L/L•_•_,......„•_•..•,:, grid Associates Sketch and
. •
. .
IKKONOWM
Description which merged.with •
Ki•:•:+:44:*
••••••••• • YAIsonkillier effective .7/01/02.
:•.******••••••••` • . :. •
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. . •
. .
• -
. •
- DESCRIPTION: • • . . • .
. .
• The West 200.00 feet less and except. the Northerly . . .
• 88.92 feet of the.following described proprerty,
. .
The . • T "
. East 1/2,- of the Northeast 1/4, of the Northeast NOT TO SCAM.
1/4, of Section-25, Township 48 South,:Range 25.Cost, . •
. -
Collier County, Florida:. subject to,an easement for • •
i
rood right—of—way bver and across the'East '30 feet . .
thereof, and excepting the north 100 feet-thereof ea a. /. .
•
previously dedicated.for rood right—of—way. ,E,,.,, 40/,./ • .'
Containing 5.28 acres more or less.. (MVO J. H ,••." •. FOR THE FIRM)
iFLA. UC. •. -,•'."
I • . . .
• . .NOT VAUG'WTHOUT 1HE 81GINAVRE AND
THE ORIGINAL RAISED VEAL OF-A FLORIDA
. . .
LICENSED SURVEYOR AND MAPPER
. . .
. .
. . . •
•0.1Jlugm -goofs imma.m. 808 mum - COWER COUNTY DEPARTMENT
Nftail 14•OtaneelSO Or TRANSPORTATION. • •
.
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