Force Main Parcel 710
INTEROFFICE MEMORANDUM
TO: Sue Filson, Administrative Assistant
Board of County Commissioners
FROM: Cindy Erb, Sr. Property Acquisition Specialist (\ ·I\JJ.L".
Real Estate SeNices \}J ~ -- ~
DATE: March 11,2004
RE: Santa Barbara Force Main Interconnect Project - Project #: 73132
Parcel # 710; Folio No. 38390560002
Attached you will find one (1) Temporary Construction Easement Agreement for
execution by Chairman Tom Henning, concerning the above transaction. Please
be advised that the documents have been reviewed and approved by the County
Attorney's Office.
The Board of County Commissioner of Collier County, Florida approved the
acquisition pursuant to Resolution 2003-322/CWS 2003-03; Agenda Item 16 C
(20), dated September 23, 2003, and the Board has authorized its present
Chairman to execute any instruments, which have been approved by the Office
of the County Attorney.
Once the Agreement has been executed, please forward same to Minutes and
Records Management for attestation by the Clerk to the Board.
If you have any questions regarding this matter, please contact me at 774-8917.
Thank You.
Attachment:
PROJECT: Santa Barbara Force Main Interconnect Project
PARCEL: 710
FOLIO: 38390560002
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered by and between LINDA M.
RICHARDSON, A MARRIED WOMAN, JOINED BY MICHAEL H. RICHARDSON, HER
HUSBAND, whose mailing address is 5521 12th Avenue SW, Naples, Florida 34116-
4903,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 $500.00.
2. Purchaser shall pay Owner for the Temporary Construction Easement by County
Warrant.
3. Purchaser agrees to install and maintain a temporary fence along the eastern
boundary of the Owner's property during the construction period of the force main.
Upon completion of the construction, Purchaser shall reestablish permanent fencing on
the eastern property line of a form and quality equivalent to the fence which existed
prior to construction.
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.
1
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.
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 sUNive 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 sUNive 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 reseNes 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 executed this Temporary
Construction Easement Agreement on this t::2~ day of r ~;..¿t/r ' 2004.
Dated ProjecVAcquisition Approved by BCC: 9/23/03
AS TO PURCHASER:
DATED: . 3"-Ì~,~þLl
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BOARD OF COUNTY COMMISSIONERS
COLLIER CO TV, FLORIDA
~dd
TOM ENNING, Chairman
BY:
2
AS TO OWNER:
DATED: ~.261Ó'9
WITNESSES:
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Witness ignature) _
Name: (' .\ I1cJt (h &b
(Print or ype)
Witn s re
Name: ~'1~' ,-4_ Ø'Jdll
(Print or Type)
Approved as to form and
legal sufficiency:
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Ellen T. Chadwell
Assistant County Attorney
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SKETCH AND DESCRIPTION
OF A 20' TEMPORARY CONSTRUCTION EASEMENT
IN "TRACT 9. GOLDEN GATE ESTATES UNIT NO. 34.
PLAT BOOK 7. PAGE 34. COWER COUNTY. FLORIDA
.-
350.00'
70'
EAST 350' OF
TRACT 9
20'-:1
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g
FOUO NO.:
38390560002
50'
30'
r I.
12TH AVE. SW
-¡ - ~'-R/W
, ~OUTH LINE OF THE --n
EAST 350' OF TRACT 9
DESCRIPTION:
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EXHIBiT \'/4,d
Page \ of I
PROJECT '73 dL
PARCEL 71 Ù
FOL 10 LH (j~'Ívé! J ,1,;
THE WEST 20 FEET OF THE EAST 70 FEET OF THE NORTH 300 FEET OF THE EAST 350 FEET
OF TRACT 9, GOLDEN GATE E~TATES UNIT NO. 34, AS RECORDED IN PLAf BOOK 7, PAGE 34,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
TEMPORARY
CONSTRUCTION EASEMENT
KEY:
R/W - RIGHT-OF-WAY
~A~M- ~~~~-;,-;;~ LB677J)
P SSIONAL SUR\ÆYOR AND MAPPER
FL R~A LICENSE NO 4876
THIS/~ DAY OF 2003. THIS IS NOT A SURVEY
EY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BL YD.. SUI1E 4. FORT MYERS. FLORIDA 3:5912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SUR'ÆYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, LLC DRAWN BY: J.N,M, CHECKED BY: J,N.W.
PARCEL DESCRIP1l0N: DATE: 6/18/03 SCALE: 1-=100'
20' TEMP, EASEMENT IN TR, 9. GOLDEN
GATE ESTATES UNIT 34, COLLIER COUNTY, F PROJECT No: 020908
DWG No: TR-9-E
REV:
SHEET: 1 OF 1
Memorandum
TO: Minutes & Recor. Management
FROM:
Cindy Erb ¡l .~j
Sr. Property Acquisition Specialist VI' . 0
Real Estate SeNices
DATE:
April 9, 2004
RE:
Santa Barbara Force Main Interconnect Project - Project #: 731321
Parcel # 710; Folio No. 38390560002
Please find attached one (1) oriQinal recorded Temporary Construction Easement 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
cc: Property Appraiser's Office w/attachment
Inventory File w/attachment
Office of the Real Estate Services
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: 9 g = 9
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PROJECT: Santa Barbara Force Main Interconnect Project
PARCEL: 710
FOLIO: 38390560002
Prepared by:
Elltft T. Chadwel" Esquire
Offtce of the Count, Attorney
3301 East Ta.tam1 Trail
Nap les, F 1 or1 da 34112
(941) 774-8400
TEMPORARY CONSTRUCTION EASEMENT
-~
THIS EASEMENT is made and entered into this ß:J day of
F -tbU<..4jU_-l~ 2004, by LINDA M. RICHARDSON, A MARRIED WOMAN,
JOINED BY MI¢HAEL H. RICHARDSON, HER HUSBAND, whose mailing address is
5521 12th Avenue SW, Naples, Florida 34116-4903, (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:
See attached Exhibit "A" which is
incorporated herein by reference
Subject to easements, restrictions, and reservations of record.
THIS IS 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 reseNes 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 has caused these presents to be
executed the day and year first above written.
Witnes (Signature)
Name: CAl7iJY 111. é. r.1
(Print 0 Type)
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Wi e š'(Si ature)
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Name: "7";)'11 /1'1 J 17
(Print ór Type)
THt8 CONVEYANCE APPROVED BY THE
BOARD OF COUNTY COMMfSStONE!RS,
COLlIER COUNTY, FLORIDA,
PURSUANT TO TIE PROV1StONS
Of R&8OU.mON NO. ,)()O3' .3ó:.u../c );)5 ¿) c,o 3.. ~~
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OR: 3528 PG: 2022
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MI AEL H. RICH , ONr-
/ t I ¡¿iV<! ( vrf (~1~ ~r() í
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Witness ignature)
Name: C"ì/7 /)v In é'rb
(Print of Type)
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Wi ess (Šig a ure)
Name: -,¡Tn ~ ;/_ ff4.~
(Print or type)
STATE OF F')P"1.,údd/
COUNTY OF (£J/!:t<:V
The foregoing Temporary Construction Easement was acknowledged before me
this r-J'1Mday of ~6AA.u!L"r ' 2004 by Linda M. Richardson, who is
personally known to me or who ha produced PL DIZ. l-i-{l~"'/L-2Y-- as identification.
,""'~~"'" Cindy M. Erb
l~~b.~ Commission # ~C 924691
~~\Aj!!: Expires Apnl 3. 2004
~ ........;¡~..~ Bondod Thru
""OF, f\:"", Atlantic Bonding Co.. Inc,
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ß ~ '/7'1A~
(Sign~ of Notary Public)
Q,~ hl. &1,
(Print me of Notary Public)
NOTARY PUBLIC :¡
Serial/Commission #: L C, 9,;2--</ ú9/
My Commission Expires: ~ / 3/ (}-'1
(affix notarial seal)
.
STATE OF FLo(2AW)!'f L ~J~ (Ùch.Jq(SIY' {,t..$ ~:b1v~,
COUNTY OF C-n {;1 It" ¡¿ '.. J L.Jo- W . ' ,
'1\ b (.ro<..;." ~ (J&/ .
The foregoing Temporary Construction Easeme t was acknowledged before me
this -;r.~day of ~{)-Lz--.,Å" ('1..( '7"--, 2004 by Michael H. Richardson, who is
personally known to me or who has ;íbduced Ft- I '-'" ...e..6 as identification.
~,"'Y""',., Cindy M. Erb
i"~OommIøSlon # cc 924691
i~· :...¡\ ~f Expin!s April 3. 2004
~ ~ Boødod Tbru
"', IIW..~," Atla\Ûe BonoSiaI Co..Ine.
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(Signature Notary Public)
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(Print Name Notary Public)
NOTARY PUBLIC
Serial/Commission #: CC 9 2.~(" 9/
My Commission Expires: ~~/¿r",/
(affix notarial seal)
APp~d ~s to form ~ l;val sufficiency
2a.. ~f1þ~ ---
- Assistant County Attorney
Ellen T. ChAdwell
SKETCH AND DESCRIPTION
OF A 20' TEMPORARY CONSTRUCTION EASEMENT
IN "TRACT 9. GOLDEN GA1E ESTATES UNIT NO. 34,
PLAT BOOK 7. PAGE 34, COWER COUNTY, FLORIDA
.-
350,00'
EXHIBiT '\,~\\
Page i of \
70'
¡--
PROJECT ì~ J32.
PARCEL 7) ù
FOLIO
Q:I
EAST 350' OF 20'-:1 I f-
Ü
+c TRACT 9 I w<{
+c I 0:::
+c 5'13 ~ ~ f-f-
FOUO NO.: a
C"") a ~............z I- ,-,-l..J..
C"'-I 38390560002 gl rn 0::: W <: 00
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C"'-I 30' ~~
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ex::
c:::> 12TH AVE. SW
+c ~ - ~~R/W
+c
+c
SOU 11-1 ~INE OF 111; - -n ¡-
EAST 350' OF TRACT 9
DESCRIPTION:
THE WEST 20 FEET OF 111E EAST 70 FEET OF THE NORTH 300 FEET OF THE EAST 350 FEET
OF TRACT 9, GOLDEN GATE ESTATES UNIT NO. 34, AS RECORDED IN PLAT BOOK 7, PAGE 34,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
TEMPORARY
CONSTRUCTION EASEMENT
~AiM- ~~,;:;~~-;.; LE6773),
P SSIONAL SUR'ÆYOR AND MAPPER
FL R~A UCENSE NO 4876
THIS/~ DAY OF 2003. THIS IS NOT A SURVEY
EY C. COONER AND ASSOCIATES, INC.
SURVEY1NG AND MAPPING
3900 COLONIAL BL YD.. SUlìE 4, FORT MYERS. FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SUR\ÆYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, LLC DRAWN BY: J,N,M, CHECKED BY: J.N. W.
PARCEL DESCRIPllON: DAìE: 6/18/03 SCALE: 1-=100'
20' TEMP. EASEMENT IN TR, 9, GOLDEN
GATE ESTATES UNIT 34, COLLIER COUN1Y, PROJECT No: 020908 DWG No: TR-9-E
KEY:
R/W - RIGHT-OF-WAY
JE
REV:
SHEET: 1 OF 1
Memorandum
TO: Minutes & Records Management
FROM:
Cindy Erb /l1
Sr. Property Acquisition Specialist (fl ~ ()
Real Estate SeNices
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:
PARCEL:
FOLIO:
*** 3489746 OR: 3659 PG: 0800 ***
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
10/12/2004 at 01:39PM DWIGHT B. BROCK, CLBRK
Santa Barbara Force Main I nterconnect Project RBC FBE 10.00
710 COPIES 1. 00
Retn:
38390560002 REAL BSTATB SBRVICBS
INTBROFFICB
CINDY ERB
prepared by: 11 Es.,ire
Ellen T·fCht~Cou~1 ~ttorney
Office O'~ 1
3301 East Tallialli Trai
Maples, Florida 34112
(941) 714-8400
NOTICE OF TIME EXTENSION
WHEREAS, a Temporary Construction Easement which is incorporated herein
by reference was granted by LINDA M. RICHARDSON, A MARRIED WOMAN,
JOINED BY MICHAEL H. RICHARDSON, HER HUSBAND, (hereinafter referred to as
"Grantor"), whose mailing address is 5521 12th Avenue SW, Naples, Florida 34116-
4903, 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 February 25, 2004, and
was recorded in the Public Records of Collier County, Florida, on March 25, 2004, in O.
R. Book 3528, Page 2021;
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 February 25, 2004, 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 3528, Page 2021 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
1 í~ day of 0 é_~~.;u- ,2004.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA; A~\\\.J.HE
GOVERNING BODY OF COLLlE~\t;OUNTY"'"
AND AS EX-OFFICIO THE "GOV'ERNING ' '....
BOARD OF THE COLLl8R:'" COUNTY":'