Parcel 701
-~
PROJECT: Santa Barbara Force Main Interconnect Project
PARCEL: 701
FOLIO: 36458960009
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered by and between DAVID
lAWRENCE MENTAL HEALTH CENTER, INC., a Florida non-profit corporation,
whose mailing address is 6075 Golden Gate Parkway, Naples, Florida 34116-7454, and
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,
whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, its
successors and assigns, (hereinafter referred to as the "Purchaser");
WHEREAS, the Purchaser requires a Temporary Construction Easement over,
under, upon and across the lands described in Exhibit "A", which is attached hereto and
made a part of this Agreement, (hereinafter referred to as the "Property") for the
purpose of construction and installation of public improvements adjacent thereto; and
WHEREAS, the Owner desires to convey the Temporary Construction Easement
to the Purchaser for the stated purposes, on the terms and conditions set forth herein;
and
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting
of the Temporary Construction Easement over, under, upon, and across the Property.
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 are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall grant Purchaser a Temporary Construction Easement over, upon,
and across the Property described in Exhibit "A" attached hereto in exchange for the
sum of $534.20.
2. Purchaser shall pay Owner for the Temporary Construction Easement by County
Warrant.
3. Purchaser agrees to maintain access to and from the day care center via the
driveway off of Santa Barbara Boulevard during the peak drop off hours of 7:00 a.m. to
9:00 a.m. and peak pick up hours of 4:00 p.m. to 6:00 p.m.
4. Both Owner and Purchaser agree that time is of the essence in regard to the
closing and therefore, said closing shall occur within sixty (60) days of the execution of
the Agreement by Purchaser. At closing, Owner shall deliver a Temporary Construction
Easement to Purchaser in a form acceptable to Purchaser and Purchaser shall deliver
the County Warrant to Owner.
5. Conveyance of the Temporary Construction Easement, or any interest in the
Property, by the Owner is contingent upon no other provisions, conditions, or premises
other than those so stated herein; 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.
6. Owner is aware of and understands that the "offer" to purchase represented by
this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
1
7. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws; that
no hazardous substances have been generated, stored, treated or transferred on the
Property except as specifically disclosed to the County; that the Owner has no
knowledge of any spill or environmental law violation on any property contiguous to or in
the vicinity of the Property to be sold to the County, that the seller has not received
notice and otherwise has no knowledge of a) any spill on the Property, b) any existing
or threatened environmental lien against the Property or c) any lawsuit, proceeding or
investigation regarding the generation, storage, treatment, spill or transfer of hazardous
substances on the Property. This provision shall survive closing and is not deemed
satisfied by conveyance of title.
8. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the
County against and from, and to reimburse the County with respect to, any and all
damages, claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of court, in
bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by
or asserted against the County by reason or arising out of the breach of owner's
representation under Section 7. This provision shall survive closing and is not deemed
satisfied by conveyance of title.
9. The Purchaser shall pay for all costs of recording the Temporary Construction
Easement. All other costs associated with this transaction including but not limited to
transfer, documentary and intangible taxes, and recording costs, if any, for any curative
instruments shall be borne and paid by Owner.
10. Owner agrees to grant the Temporary Construction Easement for the purpose of
constructing public facilities in this area. This Temporary Construction Easement shall
expire upon completion of the construction of the public facilities in the area described
above or on November 1, 2004, whichever occurs first. In the event that the
construction of the public facilities has not been completed by November 1, 2004, the
Purchaser reserves the right to record in the Public Records of Collier County a Notice
of Time Extension which shall grant a one (1) year time extension until November 1,
2005, for the completion of said construction. Owner shall be provided with a copy of
the recorded Notice of Time Extension.
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
12. 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 trustee, and assignees whenever the context
so requires or admits.
IN WITNESS WHEREOF, the parties hereto have e?,ecuted this Temporary
Construction Easement Agreement on this 12.4h day of Nov~ , 2003.
Dated Project/Acquisition Approved by BCC: 9/23/03 BCC Item #: 16 C (20)
Resolution 2003 - 322/CWS Resolution 2003-03
AS TO PURCHAS6R:
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DA TED::,~)J t\- (2"-03~., "
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ATTEST: .;, <:~I '<,'~ " -<
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Attest II to a.í1~
signature only.
BOARD OF COUNTY COMMISSIONERS
COLLIER COU TY, FLORIDA
BY:
.
2
AS TO OWNER:
DATED: /v/a. f/~J
, . ,
WITNESSES:
'A t~ k ~ \~\\\c.,/\rtk-
Witness (Signatureb -L-
Name: ~\{"{ì Lv¥": (d-:\
~ (Print or Type)
_ t4-/?~~
Witness (Signature)
Name: S t: .; iT ,ð. C£LF£#1''j~/l..
(Print or Type)
Approved as to form and
I&UffiCienCy:&..eu_
",¿¿V ~
Ellen T. Chadwell
Assistant County Attorney
DAVID LAWRENCE MENTAL HEALTH
CENTER, INC., a Florida non-profit
corporation
By:
3
SKETCH AND DESCRIPTION
OF A 10' TEMPORARY CONSTRUCTION EASEMENT
IN LOT 1, BLOCK 269 GOLDEN GATE UNIT NO.7,
PLAT BOOK 5, PAGE 136, COWER COUNTY, FLORIDA
EXHIBIT ItA ,(
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PROJECT 73d¿
PARCEL' 0 í
FOl IO ,'3 ,45-;7 {.;¡)o: ?
10'
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FOUO NO.:
36458960009 \
20'
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LOT 1
BLOCK 269
32ND AVE. SW
60' R/W
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DESCRIPTION:
THE WEST 10 FEET OF LOT 1, OF BLOCK 269, GOLDEN GATE UNIT NO.7, AS RECORDED IN
PLAT BOOK 5, PAGE 136, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 1,383 SQ. FT. MORE OR LESS.
TEMPORARY
CONSTRUCTION EASEMENT
~;M_9N~~J~~~ LB6773).
PRO~~IONAL SURVEYOR AND MAPPER
FlORIQA,. AJCENSE N. 4876
THIS .LÆ DAY OF 00.3.
KEY:
R/W - RIGHT-OF-WAY
THIS IS NOT A SURVEY
Y C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUllE 4, FORT t.iYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, LLC DRAWN BY: J.N.M. CHECKED BY: J.N.W.
PARŒL DESCRIP1l0N: DAlE: 6/26/0.3 SCALE: 1"=50'
10' TEMP. EASEMENT IN LOT 1, GOLDEN
GATE UNIT NO.7, COLUER COUNTY, FL
JE
PROJECT No: 020908
DWG No: LOT-1
REV:
SHEET: 1 OF 1
.~
.', PROJECT: Santa Barbara Force Main Interconnect Project
PARCEL: 701
FOLIO: 36458960009
Prepared by:
Ellen T. Chadwell. E~tre
Office of the Count,J AttoNIl
3301 East TðII1all1 Tre11
Naples, Florida 34112
( 941) 774-8400
3299083
OR: 3447 PG: 2747
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
11/20/2003 at 03:10PM DWIGHT E. BROCK, CLERK
CONS 534.00
REC FEE 15.00
DOC-.10 4.20
COPIES 3.00
Retn:
REAL ESTATE SERVICES
INTEROFFICE
TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT is made and entered into this dq fh/ day of
(Q.~oru~_ ,2003, by DAVID LAWRENCE MENTAL HEALTH CENTER, INC.,
a Florida non-profit corporation, whose mailing address is 6075 Golden Gate Parkway,
Naples, Florida 34116-7454, (hereinafter referred to as "Grantor"), and 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, whose mailing
address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns
(hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" are used for singular or plural, as the
context requires, and include all the parties to this instrument and their respective heirs, legal
representatives, successors and assigns.)
WIT N E SSE T H:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
temporary easement, license and privilege to enter upon the following described lands
located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
This Easement is granted for the express purpose of providing Grantee temporary
access to Grantor's lands as described above, and for the purpose of construction and
installation of public improvements adjacent thereto. This Easement shall expire one
year beyond the official acceptance of the public improvements by the Board of County
Commissioners of Collier County, Florida, or on November 1, 2004, whichever occurs
first. In the event that the construction of the public facilities has not been completed by
November 1, 2004, the Purchaser reserves the right to record in the Public Records of
Collier County a Notice of Time Extension which shall grant a one (1) year time
extension until November 1, 2005, for the completion of said construction. Owner shall
be provided with a copy of the recorded Notice of Time Extension. Grantee shall
restore the surface of the Easement Area to the condition existing prior to the
commencement of construction adjacent thereto.
IN WITNESS WHEREOF, the GRANTOR
executed the day and year first above written.
~\~ ~ ~~~vmk
Itnes~&lgnatur~) \\1' [
Name: \. fY\ L0,l' LCc.1 r
(Print or Type)
_~ 4ri'/ ¿) 4~
Witness (Signature) pr--
Name: \( J7'T j). (';[LTf .tI'7L'piA
(Print or Type)
has caused these presents to be
DAVID LAWRENCE MENTAL HEALTH
CENTER, INC., a Florida non-profit
corporation
By:
1J~ú--
Li a Pezeshkan, esident
THIS CONVEYANCÉ APPROVeD BY THE
BOARD OF COUNTY COfl4MISSIONf!ftS,
COLLIER COUNTY, FLORIDA,
PURSUANT TO THE PROV1S10N8
OF RESOLUTION NO.dDO) - ~2J./Cu)S 2æ3e-1
9/23)c?) Jtv c2.. (7-D)
OR: 3447 PG: 2748
STATE OF ~I O~\ ÀCe-
COUNTY OF c.J{'().1>~~DC
The foregoing Tempora~ Construction Easement was acknowledged before me
this ~q 0/ day of W C. .\. (') p J-r __ , 2003 by Linda Pezeshkan, President on
behalf of David Lawrence Mental Health Center, Inc., who is personally known to me or
who has produced as identification. -
j) KlmberlyK.....
'C llai MyCommlulonDD1t8l2t
... " ExpIre. June 21, 2CI08
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( ignature of Ñ tary Pu 'c) ~
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rint Name f Notary Pu lic
NOTARY PUBLIC
Serial/Co~m~ssion #.: ~t) ¿; ~~ ~b
My Commission Expires: \. \
(affix notarial seal)
t" ~ttorneJ
~ss1stant Cou~~~AwA11
E11en T. ~
SKETCH AND DESCRIPTION
OF A 10' TEMPORARY CONSTRUCTION EASEMENT
ROJECT 7 -3 (~ l- ~ LOT 1, BLOCK 269 GOLDEN GATE UNIT NO.7,
ARCEl 7 ()j PLAT BOOK 5. PAGE 136. COWER COUNTY, FLORIDA
Ol. 10 .JJ::i '-1-58:'1 {,¡ oOQ 9
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EXHIBIT t' I'
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+: co 10' - 36458960009 \
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w <: I LOT 1
~ z <: 0:::: . BLOCK 269 >-
ø... -.J f-<:O w w
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~ ¿OUTH
~ 32ND AVE. SW
60' R/W LINE OF LOT 1
r t
DESCRIPTION:
THE WEST 10 FEET OF LOT 1. OF BLOCK 269. GOLDEN GATE UNIT NO.7. AS RECORDED IN
PLA TBOOK 5. PAGE 136. PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA.
CONTAINING 1,383 SQ. FT. MORE OR LESS.
TEMPORARY
CONSTRUCTION EASEMENT
---~~-j~-~
JAM N. WILKISON (FOR THE FIRM L86773).
PRO SSIONAL SURVEYOR AND MAPPER
FLORIQI\. ..!JCENSE N. 4876
THIS LÆ DAY OF 003.
~:
R/W - RIGHT-OF-WAY
THIS IS NOT A SURVEY
Y C. COONER AND ASSOCIATES, INC.
SURVEYING AND teiAPPING
3900 COLONIAL BLVD.. SUllE 4, FORT teiYERS, FLORIDA 3.3912
PHONE: (239)277-0722 FAX: (239)277-7179 EteiAIL: SURVEYlNGOCOONER.COtei
CUENT: GREELEY AND HANSEN, LLC DRAWN BY: J.N.M. CHECKED BY: J.N. W.
PARŒL DESCRIPllON: DAlE: 6/26/0.3 SCALE: ''"=50'
10' TEMP. EASEMENT IN LOT 1, GOLDEN
GATE UNIT NO.7, COWER COUNTY, FL PROJECT No: 020908
DWG No: LOT-1
REV:
SHEET: , OF 1
Memorandum
TO: Minutes & Records Management
FROM:
Cindy Erb
Sr. Property Acquisition Specialist
Real Estate Services
uA
(j
DATE:
November 2, 2004
RE: RE: Santa Barbara Force Main Interconnect Project - Project #: 73132
Parcel #701; Folio No. 36458960009
Parcel # 710; Folio No. 38390560002
Parcel # 716; Folio No. 38390880009
Please find attached one (1) oriQinal recorded Notice of Time Extension for Parcel 701,
one (1) oriQinal recorded Notice of Time Extension for Parcel 710, and one (1) oriQinal
recorded Notice of Time Extension for Parcel 716 for the above referenced project.
The Board of County Commissioner of Collier County, Florida approved the acquisition
by gift and purchase pursuant to Resolution # 2003-322/CWS Resolution # 2003-03,
Agenda Item 16 C, dated September 23,2003.
Please contact me if you have any questions or comments at 8917.
Thank you.
attachments as stated
Office of the Real Estate Services
PROJECT: Santa Barbara Force Main Interconnect Project
PARCEL: 701
FOLIO: 36458960009
*** 3489747 OR: 3659 PG: 0801 **~
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
10/12/2004 at 01:39PM DWIGHT B. BROCK, CLBRK
RBC FBB
COPIBS
Retn:
RBAL BSTATB SBRVICBS
INTBROFFICE
CINDY ERB
10.00
1. 00
Prepared by:
Ellen T. Chadwell, Esquire
Office of the Count1 Attorney
3301 East T&Mi~i Trail
Naples, Florida 34112
( 941) 774-8400
NOTICE OF TIM E EXTENSION
WHEREAS, a Temporary Construction Easement which is incorporated herein
by reference was granted by DAVID LAWRENCE MENTAL HEALTH CENTER, INC., a
Florida non-profit corporation, (hereinafter referred to as "Grantor"), whose mailing
address is 6075 Golden Gate Parkway, Naples, Florida 34116-7454, 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, (hereinafter
referred to as "Grantee"), whose mailing address is 3301 East Tamiami Trail, Naples,
Florida 34112,on October 29, 2003 and was recorded in the Public Records of Collier
County, Florida, on November 20,2003, in O. R. Book 3447, Page 2747;
WHEREAS, the Temporary Construction Easement expires on the completion of
the construction of the public facilities or on November 1 , 2004;
WHEREAS, the parties have previously agreed, pursuant to the Temporary
Construction Easement dated October 29, 2003, that Grantee may extend the
Temporary Construction Easement for a period of one (1) year from the date of
expiration if the public facilities have not been completed by said expiration date;
WHEREAS, Grantor has been notified that the Grantee hereby requires the
property described in the Temporary Construction Easement for an additional one (1)
year time period for the construction of the public facilities.
NOW, THEREFORE, the Temporary Construction Easement previously
recorded in O. R. Book 3447, Page 2747, is hereby extended until November 1,2005.
IN WITNESS WHEREOF, the Chairman of the Board of County Commissioners,
Collier County, Florida, has caused these presents to be executed in her name on the
~ day of ÖG\-c~.cr , 2004.
../\ ; ),:1 . r 1
~~ '.
BOARD OF COUNTY COMMIS$JO'N,ERS 'bF.,
COLLIER COUNTY, FLORIQA::.:;,: AS THI; '---__.
GOVERNING BODY OF CO!::1.J'EH..Q.QLJb{[Y ~~
AND AS EX-OFFICIO THE: GØVERNING·':..;. _
BOARD OF THE COLfJ$R" COUNTY , ,-;-' j:
\^,AT¡::r:I_~¡::\M¡::R nIQTR'("T :. c" .::;
ATTEST:
DWIGHT E. BROCK, Clerk