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Agenda 05/26/2015 Item #16A17 5/26/2015 16.A.17. n EXECUTIVE SUMMARY Recommendation to approve the granting of a drainage easement to Cameron Partners to replace that portion of an existing Stormwater Treatment and Storage Easement under which Public Utilities recently installed two sewer force mains. (Project No. 60178.) Fiscal Impact: $27. OBJECTIVE: To replace the Stormwater Treatment and Storage Easement area lost due to the County's installation of underground sewer force mains. CONSIDERATIONS: Pursuant to Paragraph 11 of that certain Developer Contribution Agreement between Cameron Partners, LLC and Collier Count, dated December 12, 2006, the County granted an easement to Cameron Partners for one quarter of one acre for treatment and storage of stormwater from the adjacent development within the right-of-way for the future Collier Boulevard Extension north of Immokalee Road. The easement is located on the east side of the Collier Boulevard Extension (currently called Broken Back Road)just west of the CVS drugstore and north of Immokalee Road and the Cocohatchee Canal (see attached Location Map). Just recently, Public Utilities installed two sewer force mains along the eastern right-of-way line of the Collier Boulevard Extension and under the easterly 15 feet of the Stormwater Treatment and Storage Easement which was granted to Cameron Partners. The granting of an additional easement to Cameron Partner which is the subject of this recommendation is intended to replace the volume of storage and treatment area lost to the sewer force mains. The roadway engineer of record has compared the change in easement location to the contemplated roadway design and finds them compatible. FISCAL IMPACT: Fees in the amount of$27.00 must be paid to the Clerk of Court to record the easement in the public records. Source of funding is gas taxes. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this recommendation. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality,and requires majority vote for approval. -JAK RECOMMENDATION: That the Board of County Commissioners approves the grant of the attached Stormwater Treatment and Storage Easement and authorizes its chairman to execute same on behalf of the Board. Prepared by: Kevin Hendricks, Right-of-Way Acquisition Manager, Transportation Engineering Division, Growth Management Department. Attachments: (1) Original Stormwater Treatment and Storage Easement (with Exhibit); (2) Legal Description and Sketch of new easement; (3) Recorded DCA; (4) Roadway Comparison; and(5)Location Map Packet Page-571- 5/26/2015 16.A.17. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.17. Item Summary: Recommendation to approve the granting of a drainage easement to Cameron Partners to replace that portion of an existing Stormwater Treatment and Storage Easement under which Public Utilities recently installed two sewer force mains. (Project No. 60178.) Fiscal Impact: $27 Meeting Date: 5/26/2015 Prepared By Name: HendricksKevin Title: Manager-Right of Way,Transportation Engineering&Construction Management 5/7/2015 1:57:55 PM Approved By Name: KhawajaAnthony Title: Chief Engineer-Traffic Operations, Traffic Operations Date: 5/8/2015 11:11:25 AM Name: LynchDiane Title: Supervisor-Operations, Growth Management Department Date: 5/11/2015 10:13:11 AM Name: KearnsAllison Title: Manager Financial &Operational Support, Growth Management Department Date: 5/11/2015 11:15:34 AM Name: ShueGene Title: Division Director-Operations Support, Growth Management Department Date: 5/11/2015 11:43:40 AM Name: LaPierreBarbara Title: Management/Budget Analyst, Growth Management Department Date: 5/12/2015 10:14:59 AM Name: TaylorLisa Title: Management/Budget Analyst, Growth Management Department Packet Page-572- 5/26/2015 16.A.17. Date: 5/12/2015 10:42:08 AM Name: KlatzkowJeff Title: County Attorney, Date: 5/14/2015 9:35:07 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 5/14/2015 5:02:30 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/15/2015 10:34:32 AM Name: KlatzkowJeff Title: County Attorney, Date: 5/15/2015 10:43:42 AM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 5/15/2015 11:19:24 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 5/15/2015 2:09:07 PM Packet Page -573- 4133754 OR; 4.5/26/201516.A.17. RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/29/2003 at 10:59AM DWIGHT E. BROCK, CLERK • 1,, REC FEE 69.50 This instrument was prepared DOC-,'0 70 without opinion of title by COPIES 3 00 and after Recording return to: Retn:PROD: 60013 TRANSPORTATION Paul K.Heuerman,Esq. INTEROFFICE Roetzel&Andress.A Legal Professional Association MARGARET KREYNMS 850 Park Shore Drive Irianon Centre- Third Floor Naples,Florida .34103 (239)649-6200 (Space above this line for recording data) • STORMWATER TREATMENT AND STORAGE EASEMENT THIS SIORMWATER TREATMENT AND STORAGE EASEMENT ("Easement'"), is made this,:,/./.1,/ day of 1- t: , 2008, by Collier County, Florida, a political subdivision of the State of Flori a ("Grantor"), to Cameron Partners, LIC, a Florida limited liability company, whose mailing address s 11586 Quail Way, Naples, Florida 34117("Grantee") WITNESSETH: WHEREAS, Grantor is the owner of that certain parcel of real property more particularly described as follows: Tract R-4, Heritage Bay Commons, as recorded in Plat Book 43, Pages 46 through 54, of the Public Records of Collier County, Florida ("County Property"); • WHEREAS, Grantee is the owner of that certain parcel of real property more particularly described as follows: • Tracts A, J, K and M, Heritage Bay Commons, as recorded in Plat Book 43, Pages 46 through 54, of the Public Records of Collier County, Florida • ("Grantee Property"); WHEREAS; Grantor and Grantee entered into that certain Developer. Contribution Agreement dated December 12, 2006, and recorded December 29, 2006, in Official Records Book 4162, Pages 2725 through 2738, inclusive, of the Public Records of Collier County, Florida, in which it was agreed that the Grantor would grant to Grantee, its successors and assigns, a water management easement for one quarter of one acre for treatment and storage of stormwater from the Grantee Property; WHEREAS, Grantee desires to develop on the Grantee Property approximately 50,000 square feet of office space and 45,000 square feet of retail space(collectively, the"Grantee Development"): and WHEREAS, Grantor desires to grant to Grantee a permanent, non-exclusive easement through, over, under and across a portion of the County Property as more particularly described on Exhibit 'A" (consisting of 2 pages) attached hereto and incorporated herein ("`Stormwater Easement Area"). for the • Packet Page -574- OR 433 5/26/2015 16.A.17. purpose of providing underground and above ground stormwater drainage and retention, drainage infrastructure, storage attenuation and positive outfall adequate to sere the Grantee Development on the Grantee Property("Easement Purpose"). NOW, THEREFORE, for good and valuable consideration,the parties hereby agree as follows: I„ Easement Grants.. 1.1 Grantor hereby grants, gives and conveys to Grantee, its successors and assigns, a permanent nonexclusive easement through, over, under and across the Stormwater Easement Area for the Easement Purpose, and for maintaining and/or repairing the Stormwater Easement Area to ensure the Easement Purpose; and 1.2 Grantor hereby grants, gives and conveys to Grantee, its successors and assigns, a permanent construction easement through, over, under and across the Stormwater Easement Area or any portion thereof for the construction and installation by Grantee, at Grantee's sole cost and expense, of storm water drainage retention areas, and related facilities including, but not limited to, drainage lines, pipes, collection boxes, headwalls and other facilities and equipment that may be from time to time installed or constructed to ensure the Easement Purpose ("Stor•mwater Management System"), which Stormwater Management System, if constructed, shall be constructed and installed by Grantee in compliance with applicable laws, regulations, orders and ordinances of the city, county, state and federal government, or any department or agency thereof 1 3 Grantor hereby covenants, warrants and represents to Grantee that: (i) Grantor has good right and lawful authority to convey the easements established hereby; (ii) no person other than Grantor is in possession of the Stormwater Easement Area; (iii)Grantor will not execute any instruments that would adversely affect the Stormwater Easement Area; and (iv) no improvements have been made to the Stormwater Easement Area for which payment has not been made in full. These easements shall run with the land of the County Property and shall inure to the benefit of and shall be appurtenant to the Grantee Property II. Prohibitions., • 2 1 The unreasonable obstruction, in any way, of the Stormwater Easement Area is prohibited, including, but not Iimited to: (i) parking of any cars or trailers upon or otherwise blocking-off the Stormwater Easement Area; and (ii) the construction of any walls, fences, gates or other improvements which would obstruct access through or interfere with the Easement Purpose or Grantee's • normal operation and maintenance of the Stormwater Management System. 2 2 Grantor'hereby reserves the right for itself'(a)to utilize the Stormwater Easement Area and (b) to grant such additional non-exclusive easements, rights, rights-of-way or other privileges over, across or under any or all of the Stormwater Easement Area as Grantor shall determine to be appropriate in its sole and exclusive discretion; provided, however, that any such other easements, rights, nights-of-way and/or privileges under this Paragraph 2 2 granted over, under or across the Stormwater Easement Area shall not unreasonably interfere with the Easement Purpose or Grantee's normal operation and maintenance of the Stormwater Management System. III.. Maintenance of the Stormwater Management System. 3 1 The Grantee shall at all times keep and maintain the Stormwater Easement Area in a clean., neat and working condition including, without limitation. the maintenance of the Stormwater Packet Page -575- OR 433 5/26/2015 V 16.A.17. Management System located therein from time to time ("Easement Maintenance") Any Easement Maintenance performed by the Grantee shall be performed in compliance with applicable laws, regulations, orders and ordinances of the city, county, state and federal government, or any department or agency thereof 3 2 If either party (the "Breaching Party") fails to perform in a timely manner the maintenance obligation imposed by this Easement, or otherwise breaches that party's obligations under this Easement, the other party ("Aggrieved Party") shall be entitled to notify the Breaching Party in writing specifying the deficiencies and the action required in order to eliminate the breach Except in the event of an emergency, the Breaching Party shall have a period of fifteen (15) days after receipt of said written notice in which to correct the alleged deficiencies, or such longer period of time, not exceeding sixty (60) days, as may reasonably be necessary if the deficiency is not reasonably susceptible to cure within said fifteen (15) day period and provided that the Breaching Party commences corrective action • within ten (10) days after receipt of said written notice from the Aggrieved Party and thereafter diligently pursues corrective action to completion in a diligent and continuous manner. If the Breaching Patty fails to commence and diligently pursue and complete the required corrective action as hereinabove set forth, then the Breaching Party shall be in default of this Easement and the Aggrieved Party shall have, and the Breaching Party hereby grants and conveys,in addition to all other available rights and remedies, the right and authority and easement for such purposes on the part of the Aggrieved Party and such Aggrieved Party's employees, contractors and subcontractors to enter upon the lands and improvements owned by the Breaching Party in order to perform appropriate corrective action to eliminate the deficiencies specified in the written notice from the Aggrieved Party All costs, excluding legal fees and costs, incurred by the Aggrieved Party shall be paid by the Breaching Party to the Aggrieved Patty 3.3 Grantee may form a property owners' association ("POA") and thereafter assign all or a portion of its rights and obligations under this Easement to the POA, in which case the POA shall accept and be bound to the obligations so assigned. 3 4 Grantee shall defend, indemnify and hold Grantor harmless from all claims, losses, liabilities, actions,proceedings and costs(including reasonable attorneys' fees and costs of suit), including liens, and any accident injury or loss or damage whatsoever occurring to any person or to the property of any person arising out of or resulting from the construction, operation and maintenance of Stormwater Management System within the Stormwater Easement Area performed on behalf of or authorized by the Grantee VI., Notices. Any notice, request, demand, instruction or other communication to be given to any party hereunder shall be in writing and either hand delivered, delivered by overnight courier or telecopier or facsimile transmission, or sent by registered, or certified mail, return receipt requested, postage prepaid,addressed as follows: If to Grantor: Collier County, Florida, a political subdivision of the State of Florida Attention: Ellen I Chadwell,Assistant County Attorney Office of the County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 Phone: (239) 774-8400 Facsimile: (239) 774-0225 Packet Page-576- OR 433 5/26/2015 16.A.17. If to GRANTEE: Cameron Partners,LLC,a Florida limited liability company Attention: Thomas C. Carollo,Manager • 11586 Quail Village Way Naples,Florida .34117 Phone: (239) 860-2317 Facsimile: (239)254-8309 With a copy to: Roetzel&Andress Attention: Paul K. Heuerman,Esquire 850 Park Shore Drire Naples,Florida 34103 Phone: (239) 649-6200 Facsimile: (239) 261-3659 Any notice demand, request or other communication shall be deemed to be given upon actual • receipt in the case of hand delivery, facsimile or telecopier transmission, or delivery by overnight courier, or four (4) business days after depositing the same in a letter box or by other means placed within the possession of the United States Postal Service, properly addressed to the party in accordance with the foregoing and with the proper amount of postage affixed thereto. In the event of any notice via telecopier or facsimile transmission, a hard copy shall be sent via certified mail,return receipt requested on the day of such transmission. Any such transmission received after 5:00 p..m. Eastern Standard Time(or Daylight Savings Time, whichever is then applicable) shall be deemed to have been given on the next following business day. For purposes of delivering and receiving any notices, demands, requests or other communications under this Contract, the attorneys for Grantee may directly contact Grantor and the r. attorneys for Grantor may directly contact Grantee The respective attorneys for both Grantee and Grantor are hereby expressly authorized to give or receive any notice, demand, request or to make any other communication pursuant to the terms of this Easement on behalf of their respective clients. The addressees and addresses for the purpose of this Section may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes V. Parties Bound. This Easement shall run with the land of the County Property for the benefit of and as an appurtenance to the Grantee Property and shall be binding on the parties, and their respective heirs, successor's and/or assigns. In the event that the Grantee Property is subdivided, all owners of such property shall be entitled to the benefits of this Easement and shall be responsible for the costs provided herein. VI. Amendment. This Easement may not be changed, modified or terminated, except in writing by an instrument executed by the parties hereto VII.. Severability. If'any term or provision of this Easement or the application thereof to any party, person or circumstance shall, to any extent, be declared invalid or unenforceable by a court of law, • the remainder of this Easement, or the application of such term or provision to parties, persons or circumstances other than those to as to which it is held invalid or unenforceable, such term or provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other terms and provisions of this Easement and all other applications of any such term or provision shall not be affected thereby, and each term and provision of this Easement shall be valid and enforced to the fullest extent permitted by law Packet Page-577- OR: 433 5/26/2015 16.A.17. %III., Applicable Law. This Easement shall be construed and enforced in accordance with the laws of the State of Florida, exclusive of choice of law rules, and this Easement shall not be construed more strictly against one party than against another party merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that all parties hereto have contributed substantially and materially to the negotiations and preparation of this Easement Venue for any legal action arising out of this Easement shall lie in Collier County, Florida IX.. Recording. This Easement shall be recorded in the Public Records of Collier County, Florida. IN WITNESS WHEREOF, the parties have executed these presents as of the day and year first above written Signed, sealed and Grantor: delivered in the presence of: Collier County,Florida, a political subdivision of'the State of Flori a • • By: Name: Name: •„ - . .. Title: Chairman Name: APPROVED AS TO FORM AND: ATTEST: BY:GA . .FI�4/ N �-�Cc�c By. U.1I C L , O•G • Marne: (r. { C.44.,_4 we-4 I Name: � I Iitle: A 4_4. �� �„1-1 711-6 v.y - Title: h i t� eL'-"i L U STATE OF FLORIDA ) • )SS: • COUNTY OF COLLIER ) The foregoing ins . ent was acknowledged before me this day of , 2008, by (gill Name: ,as Title: __of Collier County, Florida, a po •-al subdivision of the State of •nda, on behalf of said political subdivision of'the State of Florida,who is personally knox : me,or( )has produced _ • as identificati.• • Notary Public Name: (Print or Name) My Commission Expires: 5 Packet Page-578- OR: 433 5/26/2015 16.A.17. Grantee: Cameron Partners, LLC, a Florida limited Ii . company 414 . Print. ame: /Y ckie. G�•• 4.a tJ. Tho► as C C'a • o, Manager Print Name:-..-%>,=,il. /• � ': ,;V s.,(, X. SIATE OF FLORIDA ) )SS: COUNTY OF COLLIER ) the foregoing instrument was acknowledged before me this ,<'L.Ekday of i.t-L:>; , 2008. by THOMAS C CAROLLO, as Manager of Cameron Partners, LLC, a Florida limited liability company, on behalf of said limited liability company,who(0-is personally known to me,or ( )has produced as identification. / u -,r3iir Y:ATE OF lLORIDA K 4 ", ,. ?rank: L. Komorosit T..?4 Notary Public Comm'ssion#III;:i69253 Name: " ' Expires: NOV 1;V%•, )08 — ;::.::�;co, (Print or Type Name) My Commission Expires:__ _ • 547288 v_02\111708 0007 , ice. 6 Packet Page-579- OR: 433 5/26/2015 16.A.17. EXHIBIT A LEGAL DESCRIPTION OFFSITE DRY RETENTION BASLN PORTION OF TRACT"R-4" HERITAGE BAY COMMONS Being a portion of Section 23.. Township 48 South,Rage 26 East, Collier Corn t-,,,Florida A parcel of land being a portion of Tract"R-4",Heritage Bay Commons, as recorded in Plat Book•43, • pages 46 through 54,of the Public Records of Collier County,Florida, and being a portion of Section 23, Township 48 South,Range 26 East,Collier County,Florida, being more particularly described as follows: • CONLVIENCE at the Southwest corner of said Tract"I", as described in the aforementioned Plat of Heritage Bay Commons;thence along the West line of said Tract"3", also being the East right-of-way line of the aforementioned Tract`R-;",N 00°50'35"W, 150.00 feet to the POINT OF BEGLNN G; thence S 89`09'25"W, 58 00 feet;thence N 00'50'35"W, 267 27 feet; thence N 89°09'25"E.,58 00 feet to an intersection with the aforementioned West line of Tract"T";thence along said West line S.00`50'35"E.,267 27 feet to the POINT OF BEGLNNING Said parcel contains 15,502 square feet,more or less. 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Rhodes & Rhodes Land Surveying, Inc. 28100 Bonita Grande Drive,Suite 107, Bonita Springs,Florida 34135 Phone(239)405-8166 Fax(239)405-8163 A TRACT OR PARCEL OF LAND LYING IN SECTION 23,TOWNSHIP 48 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA PROPOSED DRAINAGE EASEMENT 2 DESCRIPTION: A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTIONS 23,TOWNSHIP 48 SOUTH,RANGE 26 EAST,BEING A PORTION OF TRACT"R-4", CAMERON COMMONS,AS RECORDED IN PLAT BOOK 43 AT PAGES 46 THROUGH 54 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY AND FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF TRACT"2", CAMERON COMMONS UNIT ONE, AS RECORDED IN PLAT BOOK 49 AT PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY, SAID POINT LYING ON THE EASTERLY RIGHT OF WAY LINE OF BROKEN BACK ROAD (100.00 FEET WIDE); THENCE NO0°50'35"W ALONG THE WESTERLY LINE OF SAID TRACT"2" AND THE EASTERLY LINE OF SAID RIGHT-OF-WAY FOR 267.27 FEET; THENCE S89°09'25"W DEPARTING SAID RIGHT OF WAY LINE, FOR 58.00 FEET; TO THE POINT OF BEGINNING; THENCE CONTINUE S89°09'25"W FOR 15.00 FEET; THENCE S00°50'35"E PARALLEL WITH AND 73.00 FEET WESTERLY FROM (AS MEASURED ON A PERPENDICULAR) THE EASTERLY RIGHT-OF-WAY LINE OF SAID BROKEN BACK ROAD FOR 267.27 FEET; THENCE N89°09'25"E FOR 15.00 FEET; THENCE N00°50'35"W PARALLEL WITH AND 58.00 FEET WESTERLY FROM (AS MEASURED ON A PERPENDICULAR)THE EASTERLY RIGHT-OF-WAY LINE OF SAID BROKEN BACK ROAD FOR 267.27 FEET TO THE POINT OF BEGINNING. SUBJECT PARCEL CONTAINS 0.09 ACRES(4,009 SQUARE FEET),MORE OR LESS. PARCEL IS SUBJECT TO EASEMENTS AND RESERVATIONS OF RECORD, RECORDED AND UNRECORDED. BEARINGS SHOWN HEREON ARE BASED ON THE RECORD PLAT OF CAMERON COMMONS,AS RECORDED IN PLAT BOOK.43 AT PAGES 46 THROUGH 54,WITH THE EAST LINE OF TRACT"R-4"AS BEARING N00°50'35"W. THOMAS E.RHODES SR.,P.S.M.NO.5854 DATED PAGE 1 OF 2 Packet Page-582- 5/26/2015 16.A.17. �O DEVELOPER CONTRIBUTION AGREEMENT V THIS DEVELOPER CONTRIBUTION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this iz4tv,of � 4,.,,,c 2006, by and between CAMERON PARTNERS, LLC, a Florida Limited Liability Company (hereinafter referred to as the "Developer"), with an address at 11586 Quail Way, Naples, Florida 34117, and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County"). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13, as amended. N r+ RECITALS: 00 WHEREAS, Developer is the owner of approximately 14.80 acres of land in unincorporated Collier County, Florida, located on the northeast corner of Immokalee Road and Collier Boulevard, on which approx' . 4 0,sO a . . e feet of office space and 45,000 square feet of retail space will be cons `ed • • „tk erred to as the "Development"). The ▪ x Development will be constructs ar racts A, J, K & the plat of Heritage Bay Commons cv ° recorded •in •Collier County Fl ri Plat Book 43, Page 46- 4, v hich lays within Heritage Bay, A aPlanned Unit Development`and'i v gpmen Region In-Tact, approved by the Collier o., o County Board of County rCo nea14...2 , by Ordinance No. 2003-40 and Resolution 03-255. A map/d i ctmg he evelgp � o m „!•- � c•ed�Exhibit A.,) WHEREAS, after re i a re- laf o . a prtiono H age Bay Commons, Developer er P ais willing to convey to the C approximately 2trcres of 4d with an appraised fair market value of TWO MILLION F`I 4 RED SIX 'QiS SEVEN HUNDRED FORTY- /4 _ d SIX AND 00/100 DOLLARS ($2 50& 6.00) (hereina terre erred to a the "Subject Parcel"), in Lc, o exchange for a corresponding quirt -monad- ee Credits, together with vested • b transportation concurrency of the 5b, 0 1 c uare��e st office space and 45,000 square feet of C▪71 .o cY, o ° retail space. A map depicting the Subject Parcel, together with the legal description, is attached as Exhibit B; and C., ev gan WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the conveyance set forth in this Agreement (hereinafter referred to as the "Proposed Plan") is in conformity with contemplated improvements and additions to the Pti o F County's transportation network; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board L.-. ” finds and reaffirms that: ., O au H � o ..0 PC AC 04 a. The subject Proposed Plan is in conformity with the contemplated improvements PC V H PCI and additions to the County's transportation system; Packet Page-583- 5/26/2015 16.A.17. OR: 1104 ru: LIZ() b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth-necessitated capital improvements and additions to the County's transportation system; c. The Proposed Plan is consistent with both the public interest and with the comprehensive plan, including the most recently adopted five-year capital improvement program for the County's transportation system, and complies with the requirements of the Collier County Consolidated Impact Fee Ordinance; and d. Developer has paid the Two Thousand Five Hundred Dollars ($2,500.00) application fee for this Agreement. WITNESSETH: NOW, THEREFORE, in co I o, ' - 1 Dollars ($10.00) and other good and �. ��...vii ;.� � valuable consideration exchanged' _. . : d •m consideration of the covenants contained herein, the parties a ' llows: . 1. All of the a ov RECALS"�a - a and correct and are hereby expressly .-. incorporated herein by referen( t • e • 0i • 2. Developer shall onv- the I �c. Parcel to ti. ounty in fee simple, free and clear of all liens and enc antes;by :� exe-cited Warranty ded, suitable for recording, the general form of which is at �` ed hereto as Exhibit g. ThefSubject Parcel will be conveyed at Developer's option either by '1t es and bounds legal d scrngtfon, or, within sixty (60) days of the date of the recording of t at of the portioncntage Bay Commons owned by Developer, with the executed Wa antyy rovidi t�the Office of the County Attorney no later then 1 year from the date this n 1d by the Board. County will pay the costs of any title work and searches, and Developer shall be responsible for all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work. Upon receipt, the County shall record the Warranty Deed in the Public Records of the County. Except as set forth herein, all costs of recording and conveyance shall be paid by the Developer. With respect to this provision,time is of the essence. It is acknowledged that Developer's failure to promptly convey the parcel to County, as set forth herein shall result in actual damages to County. In that actual damages are difficult to ascertain with substantial certainty, the parties agree that Developer shall pay to County as liquidated damages the sum of$1,000 per day for each day past the above 60-day deadline that the Warranty Deed is not delivered to County. Such liquidated damages will be paid in place of County's claims for actual damages. All provisions of this Agreement shall survive closing and be enforceable by the County and Developer and their successors and assigns. 3. If requested by the county attorney, the Developer shall provide to the county attorney, at no cost to the county, an attorney's opinion identifying the record owner, his �„, authority to enter into this Agreement and identify any lien holders having a lien or encumbrance Page 2 of 8 Packet Page -584- 5/26/2015 16.A.17. OR: 41b1 FU: llll on the Subject Parcel. Said opinion shall specifically describe each of the recorded instruments under which the record owner holds title, each lien or encumbrance, and cite appropriate recording information and incorporate by reference a copy of all such referenced instruments. 4. The parties acknowledge that the conveyance of the Subject Parcel is characterized as property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right-of-way. 5. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 6. Effective simultaneously with the conveyance of the Subject Parcel as set forth above, Developer will be entitled to Road Impact Fee Credits in the amount of TWO MILLION FIVE HUNDRED SIX THOUSAND SEVEN HUNDRED FORTY-SIX AND 00/100 DOLLARS ($2,506,746.00), which the parties agree is the appraised fair market value of the Subject Parcel. A copy of the Impact Fee Ledger, setting forth the amount of Impact Fee Credits granted pursuant to this Agr pr a Exhibit D. 7. The credit for Ro u,7119 a Fees identifi lerein shall run with the Development and shall be reduced by the entire ount of each Road Im act\Fee due for each Building Permit issued thereon until the Development-Projec is e' eicompleted.or the credits are exhausted or otherwise no longer available, ay e • 1 operation of or pursuant to an assignment agreement with Cq (?regoi g r du nlin the Road Impact Fees shall be �-. calculated based on the am funttofathe oa�,d lr ' Fees`n ffect.at the time the Building Permit is issued. The credits set ford Therein sh l` b`e app s� to Road Impact Fees, and shall not offset, diminish or reduce any other charges, fees orther;ImjaZt Fees for which the Developer, its successors and assigns are.responsible in connection4wi-thiVthe development of their lands. It shall be DeveIoper's obligation' ` ify County that a-tiedi or a Certificate is available each time a Building Permit is applied'f I expressl ,uunders 0000d that the Impact Fee Credits will be utilized in the order in which the in Per n s are issued, irrespective of whether Developer assigns all or part of the Development. 8. At any time after the conveyance of the Subject Parcel as set forth above, Developer may prepay to County one-half(1/2) of the County's estimated Road Impact Fees for the Development, less the Impact Fee Credits set forth above. Upon payment of these fees, Developer shall receive a Certificate of Adequate Public Facilities ("Certificate") vesting the Developer's Project to construct 50,000 square feet of office space and 45,000 square feet of retail space solely for the purposes of meeting the County's Transportation Concurrency requirements. Final calculation of the remaining road and other impact fees due will be based on the impact fee schedule in effect at the time of the issuance of building permits for the 50,000 square feet of office space and 45,000 square feet of retail space. Payment of these fees vests the development entitlements for which the Certificate applies on a continuous basis for three years unless otherwise relinquished. This initial 50 percent impact fee payment is non-refundable after payment and receipt of the Certificate. Page 3 of 8 Packet Page -585- OR; 5/26/2015 16.A.17. .-. 9. Not later than 90 days prior to the expiration of the three-year period for the Certificate, the County shall notify Developer via registered mail of the remaining balance due for the estimated transportation impact fees up to 50 percent, based on level of building permits already issued. The balance of the impact fees due will be calculated at the rate schedule then currently applicable. The Developer may elect to pay the balance of the estimated transportation impact fees for the entitlements for which the Certificate applies or modify the Certificate to a lesser entitlement and calculate the balance of the transportation impact fees on the revised entitlements. The Certificate shall be modified to include only the entitlements for which the estimated transportation impact fees are paid. Once the balance of the estimated transportation impact fees is paid, those estimated fees are non-refundable. The Certificate runs continuously with the land in perpetuity after all estimated transportation impact fees have been paid. As building permits are drawn down on the entitlements, the estimated transportation impact fees already paid shall be debited at the rate of the impact fees in effect at the time of utilization. It shall be Developer's or a subsequent record titleholder's (of all or a portion of the Property; i.e. lot/tract purchaser) obligation to notify the County that a credit is available, each time a building permit is applied for. If the estimated transportation impact fee account becomes depleted, the Developer shall pay the currently appl" ; . e,,- arispo . on impact fee for each building permit in full prior to its issuance. In '4pv' _ T out of the Development estimated transportation impact fees are still g hspent, the remai b ce of such estimated fees may be transferred to another approv4d ect within the same, r a 'acent transportation impact fee district, provided any vested/erit en�tgassoElated ith the unspent and transferred transportation impact f e e s a r re1inqui . ,. , - - '.cat" is modified to delete those entitlements. 1 0 V 1 0 ' s 1 i 1 0. The Coun , ran a - t eve 1 : a "right-in"access to the Development on Immokaleoad approximately s ,h i dred. 00) feet east of the southwest corner of Tract J of Plat oftage Bay Commons',recorded'in Plat Book 43, Pages 46-54, Official Records, Collier Cou t ,(F"lorida; and (b) a "rigl t " and a "right-out" on the future Collier Boulevard Extension, pre - tfy*own_as..Brokci}Back Road, approximately six hundred (600) feet north of the intersection o . 0361`.'Its,'-and Immokalee Road(between Tracts M & J, of Plat of Heritage Bay Commons as recorded in Plat Book 43, Pages 46-54, Official Records of Collier County, Florida). The Developer is responsible for all costs associated with the construction of these access points. The access to the Collier Boulevard Extension will enjoy full movement (right in and out, left in and out) during the time it remains a two-lane roadway unless in the opinion of Collier County the access must be restricted for healthy, safety and welfare concerns.. 11. County shall grant Developer and its successors and assigns a water management easement for one quarter of one acre for treatment and storage of stormwater from the Development in the location within the future Collier Boulevard Extension as depicted in the attached Exhibit E. Said easement shall be conveyed simultaneously with the conveyance of the Subject Parcel, and shall provide that Developer is solely responsible for the maintenance and safety of the easement area. Page 4 of 8 Packet Page-586- 5/26/2015 16.A.17. OR; 71VG rv. GAG, 12. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. Upon giving written notice to the County, Developer may assign all or part of the Road Impact Fee Credits, utilizing the County's then current form of assignment, to the owners of other commercial property within the Heritage Bay PUD, to successor owners of all of part of the Development, including successor owners of out parcels, or as otherwise provided for in the Collier County Consolidated Impact Fee Ordinance. 13. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, 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. 14. 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, then in such event this Agreement shall be modified or revoked as is necessary to comply with such l Rya which best reflects the intent of this Agreement. Uk 15. Except as othefwe r' ovided herein, this a ent shall only be amended by mutual written consent of the path"mere y-ateir successors in interest. All notices and other communications required ro u< hezeunde •• e writing and shall be sent by Mail, return recei°t r u a �o g y eq � ,y y - agruzed overnight delivery service, and addressed as follows: `�. , 4 L To County: .%� To Cameron Pa�i-tners,LLC: s- ,, .0 / Harmon Turner Building ' Attn: JobriJ i ti Naples, Florida 34112 ^ 91 ugh .�, alle Street Attn: Norman E. Feder,A.I.C.P. T. Eu tt �v e 0' t Transportation Division Administrator cago, IL 60603 Phone: (239) 774-8872 Phone: (312)346-4101 Facsimile: (239) 774-9370 Facsimile: (312) 346-4885 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 16. 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. Developer shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developer upon request. 17. In the event of a dispute under this Agreement, the parties shall first use the County's then-current Alternative Dispute Resolution Procedure. Following the conclusion of Page 5 of 8 Packet Page -587- R5/26/2015 16.A.17. , 71VIr tv, 414V this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 18. Any future reimbursement for excess credits shall come from future receipts by the County of Road Impact Fees. However, no reimbursement shall be paid until such time as all development, as defined by the County Manager or his designee, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five(5) years from the completion of the Development. 19. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. i:EiR COL) REMAINDER!eAGE INTENTI• LEFT BLANK I e 1 A 1• PAGE TO FO LO ? 'fir r E Page 6 of 8 Packet Page -588- 5/26/2015 16.A.17. 011: 4162 PG: 2731 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attet� D 0, BOARD OF COUNTY COMMISSIONERS DWIGHT-E, Bg0t,K, Clerk COLLIER COUNTY, FLORIDA BY AP By: ' --"' c�lam_ f T c 1 r=y` `1 '. D u tY Clerk FRANK HALAS, Chairman *1 4 V:$* +.0'_ P AS TO DEVELOPER: Signed, sealed and CAMERON P• : 1 ■ •S, LLC. delivered in the presence of ly/Arg i Signature / /� Tho Garollo, anaging Member A . - ,! Printed Name , Signature " r` .- ' e/MOk —77 9 Printed Name 1- STATE OF 1iOri et G. / E cw-L—— COUNTY OF ca((fer The foregoing instrument was acknowledged before me this (Oh" day of 00 tie-miler; 2006, by Thomas C. Carollo, as Managing Member of CAMERON PARTNERS, LLC, who is personally known to me or has produced as identification. k___U ai-e-,. /71(Pnr1C/ Notary Public Print Name: My Commission Expires: App.1,v 4 o form and 1:101 ienc .� +;;- y: NOTARY i�BLIC-SlA E OF FLORID. ����� _ , f Diane L. Komoroski 'N' :-, . Commission#DIL369261 Jeffre IA atzkow -,, Expires: NOV 04, 2008 BandedThsu.>tiantic Bunr.:ng Co.,Jr.:. Manat n: ,• ssistant County Attorney Page 7 of 8 Packet Page -589- 5/26/2015 16.A.17. OR: Iioc ru; LIST OF EXHIBITS ATTACHED TO AGREEMENT Exhibit "A" Graphic rendering of Development Exhibit`B" Legal description and graphic rendering of the Subject Parcel Exhibit"C" Warranty Deed Form Exhibit"D" Impact Fee Credit Ledger Exhibit"E" Description of proposed water management C tr-""` ° Page 8 of 8 Packet Page -590- 5/26/2015 16.A.17. OR, z..vi. Iv, ir I ,,%) B 'I b x,,,On ,111/1;1 u X,=nbti k N;liar-2 It 4' �ti na 8v • O K L 7.......... 1 K-. MORO LAY AI MOM - -- i i (s iYSIaAI) TT1/'1119 TM I I x ns sons mm ii4 I I_ JJ - 7 1 1 I 1 I _ a ' 1 1 _� j t I I — . rium - = I il , if„, I 1 )y _ : i s, 0 fay, I § . _" : L ...=- „......., i II' (Affi ': 4100) E in, .„-, „ .. 'RI__-------- 1 ill iLt : e ,r1P-11 ':, , 1 . . 1 r 1 L < RIy it I I Par 5F 1 I '� 1 1 1 Pig ? 3ll liar ':a _J Y 4 e . CI!■ a cellar.D)r a E I 1 �-�--.i.c_icxc���suno - - II 1 g fI 4 ic EXHIBIT A" Packet Page-591- . 5/26/201516.A.17. ? The Nest l ,n.--,;:.:-- Q .-. x :.;;;7.. P i, t Yeats i .,„_:'•- -• '/ -. y y -;,- .rte �'`"` r..41:=. its- - " "....y .y"y 1::;:c4,41.-,.. i r ,: '1 " j �.`PL i tt -3 ., ;..-, :12 m -2 ':a _S.:".5 tl�'�l� L f ';-'e•".. ',l .a 1 ., ,_y, ,j� ?!r� >r.�..�, r u-ti., t(.'.s '!t. � ',''i. �3i�itle..'°("� -i•-,'I _ .. y .; ki ;.::4‘'.- ,�'�o� "�'S R� z9 1 ,- Bets a.. rtii© 9 po; naf=Section 23 Township 48 South, Range 26 East,. Collier County, Florida Po C C x A parcel of land being a portion of Tracts J,A,and K, Heritage Bay Commons,Section 23,Township 48 '� South, Range 26 East,Collier County, Florida, being more particularly described as follows: iri mzr. Beginning at the Southwest corner Pages 46 through 54 er Tract"J"Heritage Bay Commons, Plat Book 43, Pa y 54, M Collier County, Florida; thence N.00°50'35"W., along the Westerly line of said Tract"J", also being the Easterly Right-of-Way of Collier Boulevard Tract"R-4", Heritage Bay Commons, a distance of 150.00 feet 4 thence S.85°38'12"E., leaving said Right-of-Way Collier Boulevard,a distance of 528.79 feet to a point on C5 the Easterly line of said Tract"J",also being the Westerly line of Tract"A", Heritage Bay Commons; Q+ thence 5.83°32'10"E., leaving said Westerly line of Tract"A", a distance of 314.53 feet to a point on the c`,J Fasted),line of said Tract"A",also being the Westerbl mine-of,1r�"K", Heritage Bay Commons;thence .--4 continue S.83°32'10"E., leaving said Westerly lin rac distance of 290.98 feet to a � r ,, point on the "�+ Easterly line of said Tract"K",also beinl ,W` terty R ght-oT-Weyof,Goodland Bay Drive Tract"R-2", Heritage Bay Commons,and a point,on curve;thence along sa'id..i fight-of-Way of Goodiand Bay Drive and the arc of a non tangent curve corrc8ve to the West,having for its elements a radius of 182.00 feet, a o central angle of 13°36'21", a chord of 43.12 fee a' � -1earrng of S.12°2328"W.,an arc distance of 43.22 feet to a point on the Northerly Right Way of-a\100 foot canal,Official Records Book 10, Page 390;thence N.89°58'23"W., along said..Nt etly-R;gbt.of: it s float canal,a distance of 1,117.46 feet to the Point of Beginning. lP Containing 2.62 acres, more or fie . i Subject to easements, restriction „ A ?reservations and rights-of Cay o re i. . '„ � `\;�o , .//-'_)/ Bearings are based on the South line eT racts J,A, &K, Heritage,B y'Commons, Plat Book 43, Pages 46 through 54,Collier County, Florida as'beri3gNN°8958 23 w. \ / See attached sketch. C'1''s Prepared by: r- ,tiso Mil- !n Steph= . Er 'c, Professiona urveyor&Mapper May 31.2006, Florida --.istration No. LS 3273 Date Not valid without the signature and the original raised seal of a Florida licensed Surveyor and Mapper P.I.N.: N0442-700-000 Ref.: D-0442-208 Date: May 31,2006 Exhibit"B° Page 1 of 2 Offices strategically located to serve our clients 800.649.4336 Fart Myers Office 4571 Colonial Boulevard•Fon Myers Fionda 33966•239.9391020• Fax 239.939.3412 s91 .44471 Vs-o,!_GeraoYfl wilsonnHller:com CJail 43442-01 6004-MCA.-_BOLT WllsanMiller.Inc.—Ft!it•+r-rnnnr7n Packet Page -592- OR: , 5/26/2015 16.A.17. ; . t _. g.TVii-- MVO.r. .r fi e I i.1 R • 11 1411 �aex11111 1/1 I I R,■ $R:$ttKt� v F :c =e h, PIT ° :.4 1#ee : 115$R 1 t E E a! : a R ea' :4---- � ~ R�-e FT&X � 1, 2 8010 'llklaal.+S @g q 1 I i i4 in 1..... 8 4111f PI RJR la:1 �g e • , lidik0E111 -'1.41 r . .,- gril. iirto- ,,,,,, . , I I i 114111 141 ifag£1 111 ""✓✓ i l:: T.."< 4 { / gg1g R: lit .1 :41:7='. r,.___,_.. _.1il,14'w 4 . i I ;,-, \ rte ' , gi � , 2 C , ;; �g { 1 s i ' I — z.:14 I,? X ; 'A R - q !-11-, il a " F t , A li --____-- i' I - ',a 11 11 $ eta -a 1 11 ti. -T Z �� il EXHIBIT "B" t PAGE 2 OF 2 Packet Page -593- 5/26/2015 16.A.17. - --- . . . PROJECT MAW: _..... PARCEL NOW • MEW IT POLIO Pa WARRANTY DEED . . • THIS WARRANTY DEED made this day of 20___. by,(hereinafter referred to as"Grantor), whose post office box is[ADDRESS) c••-o to COWER COUNTY,a poUtioal subdivision of the State of Florida.its successors and r--- assigns,whose post office address is 3301 Tamiami Trail East,Naples,Florida.34112 ir..1 . (hereinafter referred to as'Grantee"). . . C..., (Wherever used herein the terms'Grantor and'Grantee'indude al the parties to this 1:3•4 instrument and the respective heirs,legal representalives,stiocessors and assigns.) C VI --------_-----..... Lc" WITNESSETit Thatiti=tirte„ .,andin consideration of the sum of Ten ,•-• % - b. .t P .^- ' ‘•--s Dolan 410•00) and ,00100- receipt whereof is hereby cr ,„- aArnmdedged.heretiY 119111K bargains, salkiSafia. :;rerreSek releases.COMPRYS and • - . . confirms unto ths' aantaa,al that certain land sittialeIrrCofer County.Florida.to wit r= / ..-/ \ \ C ) SertfAttactierTaiiiiPAtvAlichiskicorporated herein by Memos. \ \ 1 - To 'cLfCtic:k1 .-- . This is , - • - - • —; „at the Grantor. A\.,_ ) I (,c1. "an um i1 1 )is.__en . , bebnUk12 4\opi.W.r.17.41. • \hereappefb7. , 4„,, ) /57/41PPINtenalices thereto .• '•:. i.-,.. . ) TO HA\ 404keTO HOLD the sone inieksimpiainiever. AND the ,--7/ ._,4„/ covenants with • -Grantee that the Grantor Is lawfully seized of said landivc','si4le.tbrit_lbe.Gratilor'-ltygOod right and lawful authority to San and convey said lands that Ow tparoy tuity warrants the title to said land . N.../ .-•r _ • •.4. and will defend the same agairrittbe..._H -claims of all Persons whomsoever;and that •i said land is free of all encumbrances except as noted above. . IN WITNESS WHEREOF, the said Grantor has signed and sealed these • • • presents the day and year first above written. • WITNESSES: BY: (Signature) (GRANTOR NAME] (Print Full Narne) (Signature) (Print Full Nasne) . , . tTh . , . EXHIBIT C Packet Page -594- 5/26/2015 16.A.17.- EXHIBIT D OR: 4162 PG: 2737 HERITAGE BAY CAMERON PARTNERS DEVELOPER CONTRIBUTION AGREEMENT ROAD IMPACT FEE CREDIT LEDGER A H geBay Cameron Partner. I Beginning Balance! $2,506,746.001 DATE PERMIT# CREDIT AMT BALANCE COMMENTS Beginning Balance $2.506.746.00 • • i i A \ � / ' \\ V c' 57\ t I llt I °"I I F/ J 1 - 1 CWC • Packet Page -595- ----- 5/26/2015 16.A.17. i! *** OR: 4162 PG: 2738 *** _ f221 d IP �n GO i •' - ' a c 8 $ fi 1 /�4�1 MOP.se CIOm01r-..- - - �. a / I � - —_ _- - __24a I I !:- / ii7 - 1 di ■ r i r _� III I , l r 1 r i i T O� I 1 ,' 1,I ill I 0 x ill 8k, .1 � ' 34. I a rr t• M i rn ,,'III 1I i �/ 1 I‹ ye III<11 !I 1 I•rn I �+ I j c r; 2 I .y. i re a i . 1V WI I�\ it N ' y i ' —_p 4<ro : r1�, c �-e \ 2 en 0 013 la,„_ I n w gr '17 yr' / •,/- /1/a I ' I I c I ii!! o'Z Y S� H ' + lr;r 1 VT 1 I/ ii g 5 5 i \P to zF mt i) `I'I I I .w g � 1 g k !i �--------f.om.�o Mr mot ow.h9---'—I I "' F I, I I Packet Page -596- SKETCH TO ACCOMPANY DESCRIPTION A PORTION OF TRACT St-4'.CAMERON COMMONS AS RECORDED IN PLAT BOOK 43.PAGES 46-54 I c LYING IN t I SECTION 23,TOWNSHIP 48 SOUTH,RANGE 26 EAST, COWER COUNTY,FLORIDA g V< fX TRACT•2• CAMERON COMMONS UNIT ONE I 0I�?O' 40' �g W PB. 49,PGS.13-I5 O� O.R.4439,PG.2521 'a I GRAPH/C SCALE �I t I 1''•40' +I� T • II 8LO.E.1 I I �__ 267_88' FAY_(. _ N00'S0'35'W 2672T a/w CV M g (BEARING BASIS) P.O.0 ro " m SW CORNER TRACT'2' '�-F BROKEN BACK ROAD CAMERON COMMONS qqK - COLLIER BOULEVARD(100'RIVV) PB 49 PACES 43-45 MR .�-.- G AR.4333.PG.4188 W CU r(r N -9i TRACT'R-1' n 9. (5 E C (ROW.CUE.PILE,DEE'BRIGNT COMMONS RAY-PER PUT) S 6 E b HERITAGE B.43,PGS.46-54 DI E N +I LID 111 I — 1�._ 2 P.O.e \ — N00°50'35"w 267.2r I ! T `PROPOSED EASEMENT I S89°09'25"W N89°09'25'6 15.00' 8i 500°50'35"E 267.27' 5.00' I I I ---------------------------------------- "i:/0"--- 1nd:ad)Awe. 01 N C) ABBREVIATIONS Ni Ni P.O.C. POINT OF COMMENCEMENT Q P.O.B. POINT OF BEGINNING P.C. -POINT OF CURVATURE / Y'Dote: File Name POINT OF INTERSECTION MAY 7, 2015 2014-543 DE EASE 2 (.II Pc PAGE RHODES & RHODES U.E. UTILITY EASEMENT scow PTO1* . L.B.E LANDSCAPE BUFFER EASEMENT LAND SURVEYING. INC. 1" = 50' 2014-543 P.5.1.1. PROFESSIONAL SURVEYOR&MAPPER LICENSE#LB 6897 P.T. POINT OF TANGENCY drown: Sheet OF I File S.F. SOUARE FEET l\ J.N 2 OF 2 2019-543 D L.B./ UCENSED BUSINESS NUMBER 28100 BONITA GRANDE DRAKE SUITE 107 _y (R) RADIAL C1 CURVE NUMBER BONITA SPRINGS, FL 34135 A.D.U.E, ASSOCIATION DRAINAGE&UTILITY EASEMENT s.. (239) 405-8166 (239) 405-8163 FAX CAMERON PARTNERS STORMWATER TREATMENT&STORAGE EASEMENTS) u. 5 I ,_ '. 4 e f, *'ea + S t yy`, " ' ,ve fi _ y S 3x, r -- x , i ra ,, s� 2, ,' „,,,,,:-.7.77,,,.-7,7.,:_ . P6 14t_ t� tea` � zrz *' ,' ” . � " r Y "+- � � .REPLACEMENT p ,0',..,_:/r4= " �t .,EASEMENT -.. ORIGINAL EASEMENT 4 s E ,e,,,, s,¢ ,: u k 4 ` ' s# - _fi '‘.4 s r a" 1r11:,11„;[,, a w -ra 'IL W, ¢a,. �. I I 1`^YRiv 7f` 1 0.1. 3` a -a ;s 4 3.14,-:,:::—;.',4°,- F�1 $� . �b r�� * 9,,,,..,, y. SEWER �;,»�," ` _ �. ` ° � , FORCE p =� •..s era µ � 1 �:g I �� MAINS �,�..._:,. ��" � ,� ' Nom`'�''�`^�x �:r.a�t4�� � „#,� � '``f�' ,� -�' ..a,� �_ 1,;;��,#�. a °�+e'�+wL �s i I �q" a rr"�'-- �. w` d° • 1'� -, ' o v`4[s-r_-� f - ,'`, ...,- $ r_ it— x 4 - 3''£-- `mss S Ty '^o-y € r 96` } n*w + ,� b tG R.N 1 wraAaY., „Kn. , l r,,:s �; � a„ ,.x fl ;'', :w .»s ........., t ry:- K AI �, : o N 05 D 5/26/2015 16.A.17. STORMWATER TREATMENT AND STORAGE EASEMENT THIS EASEMENT, made and entered into this day of , 20 , 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 referred to as "Grantor"), to CAMERON PARTNERS, LLC, a Florida limited liability company, whose mailing address is 11586 Quail Way, Naples, Florida 34117 (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 and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESS ET H: 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, a perpetual, non-exclusive drainage easement to enter upon and to install and maintain drainage structures and facilities, including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes, and various types of water control structures over, under, upon and across 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. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land and to place and/or excavate materials for the purpose of constructing, operating, and maintaining drainage facilities thereon. This easement includes the right to remove and use any and all excavated material. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk TIM NANCE, Chairman Approved as to form and legality: Jeff Klatzkow, County Attorney Packet Page-599- EA r MENT LOCA TIO N � Vu Homes i ?J '� x,--. . ; - t Uuaryby • - Delnot Wrggins L tj Pals State Park n Il y A L-,-;4_,...,..,1 r.i„Y.u:ai - 7�m F g 1.I.TER North Haa3�� - -- TREE FARM .� , ":�`�C1��d�E"3'. or s a..K P.1.1.D. . yr a '11'. , ,xK 5 ti MW 7 S Y p . ,r, e,ar rnu4 0. J, a c.,0,04,„(.,,,WW 4 l4i '_ 1 t t -) r ra :a GtrlderE:late —� f %%T �R ,, " i VICINITY MAP I � -� ' . ''_ o IIAPI'Y ft---1 di/ 1I #` , ' G E�, FArrTILy' CC:RP.... :. ,.-_.-•- --- - --,,17:_7,---2"-- ,�' HERITAGE BAS/COMM NS— 1 ,A $1 DENTENTION ar C t O Cf OI1ATC srI s3.: :hl. f;�i ` r` 2 . — n _ —_ _ w r/ i rb ;;; ` c tom, q "" S .,y—. ; - s .w �v 'fie„ .ww sz. *. `44 i ` 1M-} P Y :: " S a "` yr - + PMai n & # 7kG' r .,� �' . .: " r ,,,7 —:.-'} .womr::! ft �y .:14V-..-'' ), ..., :, . — .*-:.-.:.F.:0,;:- ,-•,., . v'r a w3. ',a �' i yfi 7,17i.1:13-i5,:-.14$ ' in i!t° �rprdG'rp { c ""!",„r.--1":':� t ',�. [" ' t�1` A, r� t d1 O) .-"",, ,, ..e .„„rif - �Ilz §� :. k. 4 N � , ' � z'F� PL, /� t ,.S i. , ' . a i1 r ? ` .,. •. ca' carrrur LOCATION MAP EXHIBIT A I \ I I \ \ —11 t';") \ l \L — ENTRANCE 0 7D 50 77 7;77 O Feet W I 1- •APPROX. i;,- ;,-;.i DRY DETENTION BASIN MAX. = 0.24 AC. W is r --------- EASEMENT AREA = 0.36 AC I C -o ) N v \ co \\ cr \ J 1 i '.'i B FT PERIMETER Vi',-', ,•11Ii (BERM/SLOPE) \ O ,'I n I 4J '� J 1 2. I J CV S �\ I 58 FEET,-" (AKA HERITAGE BAY COMMONS)- CD D41NAGE EASEME/JTI 01 PROPOSED ;, ,' O CURB D N PROPOSE 6 FT SIDEWALK g APPROX. 43' ! ' � 1 i.::' ::":.:: :.: :.::: ::". : ' I • i i EXISTING RIGHT-OF-WAY APPROX. 58' I,- , ;'", cn N N O cn ell •_ _-__ EXISTING DRY DETENTION BASIN EASEMENT EXHIBIT B :`' I I \ I I \\ 1 \ --— ENTRANT E 0 10 50 O • Feet 1- .• 7.',:':771. I W ff, a *DRY DETENTION BASIN MAX. = 0.24 AC. 'PR.x. EASEMENT AREA = 0.45 AC I --- p IIN * SAME AREA AS EXISTING EASEMENT co \ W LL \ V i:::::•::::.::•:.-:,,, ' (BERM /SLOPE) \ 0 i. a I W v ::::::::,:,,,,1:1 r tt CD -/.......„ I CV S r L` I GG 73 FEET', i -(AKA HERITAGE BAY COMMONS)J t O CURBOSED DA:::jA GE EASEMrN- N PROPOSED (' 11 6 FT SIDEWALK I-' ' .". - -1 APPROX. ! ' .5 EX ISTING 24 IN.FORCE MAIN(S) 28' LL I LL 1 I 7 APPROX. 42'I '. . EXISTING RIGHT-OF-WAY fV A - -24'FM I I - _ N LL cri 1 I m C) i Ch • CAT aunty PROPOSED DRY DETENTION BASIN EASEMENT EXHIBIT C `1 I ^y FUTURE COWER BLVD EXTENTION ` I EASEMENT LIMITS P-RIGHT-OF-WAY 73 FEET t I II EXISTING BERM I ♦-SLOPE X FT 6 FT 6 FT n 3:1(MAX) / --C.__---\_ ___.--___r— NORYT DRY BASINS /L\ (1 ro rf 0 an EXISTING ROADWAY PROPOSED TIE-IN(VARIES) fD 61 EXISTING GROUND o EXISTING 24 IN.FORCE RAIN W 01 1 N CA Ni O CJI 0) > _-----.o_-.NY PROPOSED CROSS SECTION W/ 73' EASEMENT EXHIBIT D J I