Agenda 10/13/2015 Item #16A1910/13/2015 16.A.19.
EXECUTIVE SUMMARY
Recommendation to approve easement agreements for the purchase of a Road Right -of -Way,
Drainage and Utility Easement (Parcel 121RDUE) and a Temporary Driveway Restoration
Easement (Parcel 121TDRE) required for the construction of a replacement bridge on White
Boulevard over the Cypress Canal. (Transportation Bridge Replacement Program Project No.
66066.10.3) Estimated fiscal impact: $51,900.
OBJECTIVE: To acquire two easements that are necessary for the construction of a replacement bridge
on White Boulevard over the Cypress Canal ( "the Project "), being part of the Transportation Bridge
Replacement Program. (Project No. 66066.10.3).
CONSIDERATIONS: Collier County is seeking to purchase a 7,288 square foot, more or less,
perpetual, non - exclusive Road Right -of -Way, Drainage and Utility Easement ( "Parcel 121RDUE ") and a
1,332 square foot, more or less, Temporary Driveway Restoration Easement ( "Parcel 121TDRE ") (said
parcels hereinafter collectively referred to as the "Parcels "). The Parcels are part of the 4.39 acre parent
tract owned by Steve M. Said and Dianne A. Said (hereinafter the "Property Owners "). The property is
located on the south -side of White Boulevard, and east of the Cypress Canal.
The accompanying Appraisal prepared by RKL Appraisal and Consulting dated July 15, 2015, estimated
the current market value of Parcels 121RDUE and 121TDRE as $51,400 and $400, respectively. The
appraiser's estimate of the full compensation due the property owner in exchange for the taking of the
required easement includes $42,400 in the value of improvements located within the easement area (most
of the cost being attributable to an expensive wrought iron fence and solar - powered gate with key pad and
illumination), in addition; another $2,000 in curative expenses. Based on this appraisal, the County
extended an offer to purchase the easements in the aggregate amount of $51,800 and the Property Owners
agreed to the offer amounts.
Accordingly, staff is recommending that the Board of County Commissioners (Board) approve the
accompanying two (2) easement agreements for the purchase of the Parcels.
FISCAL IMPACT: Funds in the amount of $51,900 ($51,400 Parcel 121RDUE purchase price, $400
Parcel 121TDRE purchase price, and approximately $100 recording fees) are available in the
Transportation Bridge Replacement Project No. 66066.10.3. Source of funds is gas tax. The expected
actual useful service life of the new bridge is estimated to be 75 years. The bridge and all new or
replacement features to be installed during the execution of the project, such as roadway and stormwater
features will be new. Therefore, minimal to no maintenance costs are expected to be incurred within the
first 5 to 7 years of service and will be absorbed into the regular maintenance schedule thereafter. Annual
operation costs of water and /or waste water mains replaced during the project will remain the same or
decrease.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. — ERP
GROWTH MANAGEMENT IMPACT: As part of the County's proposed 5 year transportation work
program, the Transportation Bridge Program Project is an integral part of Collier County's Growth
Management Plan.
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RECOMMENDATION: That the Board of County Commissioners:
1. Approve the accompanying Easement Agreement for Parcel 121RDUE and authorize its Chairman to
execute same on behalf of the Board;
2. Approve the accompanying Temporary Driveway Restoration Easement for Parcel 121TDRE and
authorize its Chairman to execute same on behalf of the Board;
3. Accept the conveyance of Parcel Nos. 121RDUE and 121TDRE and authorize the County Manager,
or his designee, to record the conveyance instruments in the public records of Collier County, Florida;
4. Authorize the payment of all costs and expenses that Collier County is required to pay under the
terms of the Easement Agreement and the Temporary Driveway Restoration Easement Agreement to
close the transaction.
5. Authorize the County Manager or his designee to take the necessary measures to ensure the County's
performance in accordance with the terms and conditions of both of these agreements; and
6. Authorize any and all budget amendments required to carry out the collective will of the Board.
Prepared by: Michelle L. Sweet, Property Acquisition Specialist, Transportation Engineering Division,
Growth Management Department
Attachments:
(1) Easement Agreement;
(2) Temporary Driveway Restoration Agreement;
(3) Property Location Map; and
(4) Appraisal Report dated July 15, 2015 (which contains aerial and street view photographs)
http: / /www.colliergov. net/ ftp/ 2015BCCMeetings/ AgendaOctO6l5 /GrowthMgmt /AppraisalReport
Parce1121RDUE &TDRE.pdf
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10/13/2015 16.A.19.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.19.
Item Summary: Recommendation to approve easement agreements for the purchase of a
Road Right -of -Way, Drainage and Utility Easement (Parcel 121RDUE) and a Temporary Driveway
Restoration Easement (Parcel 121TDRE) required for the construction of a replacement bridge
on White Boulevard over the Cypress Canal. (Transportation Bridge Replacement Program
Project No. 66066.10.3) Estimated fiscal impact: $51,900.
Meeting Date: 10/13/2015
Prepared By
Name: SweetMichelle
Title: Property Acquisition Specialist, Growth Management Department
9/11/2015 1:45:37 PM
Approved By
Name: StoltsAnthony
Title: Project Manager, Senior, Growth Management Department
Date: 9/11/2015 2:11:47 PM
Name: HendricksKevin
Title: Manager - Right of Way, Growth Management Department
Date: 9/11/2015 4:40:46 PM
Name: TaylorLisa
Title: Management/Budget Analyst, Senior, Growth Management Department
Date: 9/14/2015 8:23:25 AM
Name: AhmadJay
Title: Division Director - Transportation Eng, Growth Management Department
Date: 9/17/2015 8:21:05 AM
Name: ShueGene
Title: Division Director - Operations Support, Growth Management Department
Date: 9/17/2015 6:39:03 PM
Name: GossardTravis
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10/13/2015 16.A.19.
Title: Division Director - Road Maintenance, Growth Management Department
Date: 9/21/2015 3:00:56 PM
Name: KearnsAllison
Title: Manager - Financial & Operational Sprt, Growth Management Department
Date: 9/21/2015 3:36:24 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 9/21/2015 4:24:56 PM
Name: MarcellaJeanne
Title: Executive Secretary, Growth Management Department
Date: 9/23/2015 1:42:23 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/23/2015 2:01:12 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 9/30/2015 1:10:05 PM
n
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 10/2/2015 8:12:08 AM
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10/13/2015 16.A.19.
PROJECT: 66066 Bridge Repairs — White & Cypress
PARCEL No(s): 121 RDUE
FOLIO No(s): 37340840003
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into on this day of , 2015, by and between
STEVE M. SAID and DIANNE A. SAID, husband and wife, whose mailing address is
3190 White Boulevard, Naples, FL 34117 (hereinafter referred to as "Owner "), and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800,
Naples, Florida 34112 (hereinafter referred to as "County ").
WHEREAS, County requires a perpetual, non - exclusive Road Right -of -Way,
Drainage and Utility 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 "Easement "); and
WHEREAS, Owner desires to convey the Easement to County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, County has agreed to compensate Owner for conveyance of the
Easement.
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 is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
RECITALS - All of the above recitals are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. PURCHASE PRICE - Owner shall convey the Easement to County for the sum of:
$51,400.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9
of this Agreement (said transaction hereinafter referred to as the "Closing "). Said
payment to Owner, payable by County Warrant, shall be full compensation for the
Easement conveyed, including (if applicable) all landscaping, trees, shrubs,
improvements, and fixtures located thereon, and shall be in full and final
settlement of any damages resulting to Owner's remaining lands, costs to cure,
including but not limited to the cost to relocate the existing irrigation system and
other improvements (if any), and the cost to cut and cap irrigation lines (if any)
extending into the Easement, and to remove all sprinkler valves and related
electrical wiring (if any), and all other damages in connection with conveyance of
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said Easement to County, including all attorneys' fees, expert witness fees and
costs as provided for in Chapter 73, Florida Statutes.
3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the holders
of any liens, exceptions and /or qualifications encumbering the Easement, the
execution of such instruments which will remove, release or subordinate such
encumbrances from the Easement upon their recording in the public records of
Collier County, Florida. Prior to Closing and as soon after the execution of this
Agreement as is possible, Owner shall provide County with a copy of any existing
title insurance policy and the following documents and instruments properly
executed, witnessed, and notarized where required, in a form acceptable to County
(hereinafter referred to as "Closing Documents "):
(a) Easement;
(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and /or qualifications affecting County's enjoyment of the
Easement;
(c) Closing Statement;
(d) Grantor's Non- Foreign, Taxpayer Identification and "Gap" Affidavit;
(e) W -9 Form; and
(f) Such evidence of authority and capacity of Owner and its representatives
to execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by County,
County's counsel and /or title company.
4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the
essence. Therefore, Closing shall occur within ninety (90) days of the date of
execution of this Agreement or within thirty (30) days of County's receipt of all
Closing Documents, whichever is the later. This agreement shall remain in full
force and effect until Closing shall occur, until and unless it is terminated for other
cause. At Closing, payment shall be made to Owner in that amount shown on the
Closing Statement as "Net Cash to the Seller."
5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner
agrees to relocate any existing irrigation system located on the Easement including
irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the
construction of the project without any further notification from County. Owner
assumes full responsibility for the relocation of the irrigation system (if any) on the
remainder property and its performance after relocation. Owner holds County
harmless for any and all possible damage to the irrigation system in the event
owner fails to relocate the irrigation system prior to construction of the project.
If Owner elects to retain improvements and /or landscaping ( "Improvements ")
located on the Easement (if any), Owner is responsible for their retrieval prior to
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the construction of the project without any further notification from County. Owner
acknowledges that County has compensated Owner for the value of all
improvements located within the Easement area, and yet County is willing to
permit Owner to salvage said improvements as long as their retrieval is performed
before construction and without interruption or inconvenience to the County's
contractor. All improvements not removed from the Easement prior to
commencement of construction of the project shall be deemed abandoned by
Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things
which may be required to give effect to this Agreement immediately as such
requirement is made known to them or they are requested to do so, whichever is
the earlier.
7. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and
warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
.-. instruments executed in connection herewith, to undertake all actions and
to perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) County's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part
of Owner to be performed pursuant to the provisions of this Agreement.
(c) No party or person other than County has any right or option to acquire
the Easement or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the
property underlying the Easement or any rights therein, nor enter into any
agreements granting any person or entity any rights with respect to the
Easement, without first obtaining the written consent of County to such
conveyance, encumbrance, or agreement, which consent may be withheld
by County for any reason whatsoever.
(e) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Easement.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
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hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disclosed to County in writing prior to the ^
effective date of this Agreement.
(g) County is entering into this Agreement based upon Owner's
representations stated in this Agreement and on the understanding that
Owner will not cause the physical condition of the property underlying the
Easement to change from its existing state on the effective date of this
Agreement up to and including the date of Closing. Therefore, Owner
agrees not to enter into any contracts or agreements pertaining to or
affecting the property underlying the Easement and not to do any act or
omit to perform any act which would adversely affect the physical
condition of the property underlying the Easement or its intended use by
County.
(h) The property underlying the Easement, and all uses of the said 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 underlying the
Easement except as specifically disclosed to the County; that the Owner
has no knowledge of any spill or environmental law violation on the
property contiguous to or in the vicinity of the Easement to be sold to the
County, that the Owner has not received notice and otherwise has no
knowledge of: a) any spill on the property underlying the Easement; b)
any existing or threatened environmental lien against the property
underlying the Easement; or c) any lawsuit, proceeding or investigation
regarding the generation, storage, treatment, spill or transfer of hazardous
substances on the property underlying the Easement. This provision shall
survive Closing and is not deemed satisfied by conveyance of title.
8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the
County against and from, and 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 any of Owner's representations under paragraph 7(h). This provision shall
survive Closing and is not deemed satisfied by conveyance of title.
9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all
fees to record any curative instruments required to clear title, and all Easement
instrument recording fees. In addition, County may elect to pay reasonable
processing fees required by lien- holders and /or easement - holders in connection
with the execution and delivery of a Release or Subordination of any mortgage,
lien or other encumbrance recorded against the property underlying the Easement;
provided, however, that any apportionment and distribution of the full
compensation amount in Paragraph 2 which may be required by any mortgagee, ^
lien- holder or other encumbrance - holder for the protection of its security interest, or
as consideration due to any diminution in the value of its property right, shall be the
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Page 5
responsibility of the Owner, and shall be deducted on the Closing Statement from
the compensation payable to the Owner per Paragraph 2. County shall have sole
discretion as to what constitutes reasonable processing fees." In accordance with
the provisions of Section 201.01, Florida Statutes,
concerning payment of
documentary stamp taxes by County, Owner shall further pay all documentary
stamp taxes required on the instrument(s) of transfer, unless the Easement is
acquired under threat of condemnation.
10. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds
of sale all prior year ad valorem taxes and assessments levied against the parent
tract property which remain unpaid as of the date of Closing.
11. EFFECTIVE DATE - 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 trustees, and /or
assignees, whenever the context so requires or admits.
12. PUBLIC DISCLOSURE - If the Owner holds the property underlying the Easement
in the form of a partnership, limited partnership, corporation, trust or any form of
representative capacity whatsoever for others, Owner shall make a written public
disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the
penalties prescribed for perjury, of the name and address of every person having a
beneficial interest in the property underlying the Easement before the Easement
held in such capacity is conveyed to County. (If the corporation is registered with
the Federal Securities Exchange Commission or registered pursuant to Chapter
517, Florida Statutes, whose stock is for sale to the general public, it is hereby
exempt from the provisions of Chapter 286, Florida Statutes.)
13. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the
property underlying the Easement, by Owner is contingent upon no other
provisions, conditions, or premises other than those so stated herein; and this
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. No modification, amendment or cancellation of
this Agreement shall be of any force or effect unless made in writing and executed
and dated by both Owner and County.
14. BREACH AND TERMINATION - If either party fails to perform any of the
covenants, promises or obligations contained in this Agreement, such party will
have breached this Agreement and the other party may provide written notice of
said breach to the party in breach, whereupon the party in breach shall have 15
days from the date of said notice to remedy said breach. If the party in breach
shall have failed to remedy said breach, the other party may, at its option,
terminate this Agreement by giving written notice of termination to the party in
breach and shall have the right to seek and enforce all rights and remedies
available at law or in equity, including the right to seek specific performance of this
Agreement.
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15. SEVERABILITY - Should any part of this Agreement be found to be invalid, then
such invalid part shall be severed from the Agreement, and the remaining
provisions of this Agreement shall remain in full force and effect and not be
affected by such invalidity.
16. VENUE - This Agreement is governed and construed in accordance with the laws
of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk TIM NANCE, Chairman
AS TO OWNER:
DATED:__ Iti
Witness (Signature)
Name (Print or Type)
Withit -ss (Signature)
Name (Print or Type)
Approved as to form and legality:
Assistant County Attorney
STEVE M. SAID
DIANNE A. SAID
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PROJECT: 66066 Bridge Repairs — White & Cypress
PARCEL No(s): 121TDRE
FOLIO No(s): 37340840003
TEMPORARY DRIVEWAY RESTORATION EASEMENT AGREEMENT
THIS TEMPORARY DRIVEWAY RESTORATION EASEMENT AGREEMENT
(hereinafter referred to as the "Agreement ") is made and entered into on this day
of , 2015, by STEVE M. SAID and DIANNE A. SAID, husband and
wife, whose mailing address is 3161 White Boulevard, Naples, FL 34117 (hereinafter
referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the State of
Florida (hereinafter referred to as "County "), whose mailing address is 3299 Tamiami
Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a Temporary
Driveway Restoration Easement (hereinafter referred to as "TDRE ") over, under, upon
and across the lands described in Exhibit "A" (attached hereto and made a part of this
Agreement); and
WHEREAS, Owner desires to convey said TDRE to County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Owner recognizes the non - monetary benefit to Owner resulting from
a smooth transition between Owner's existing driveway and the new roadway, and
desires to convey the TDRE to the County for the stated purposes, on the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of these premises set forth above, the sum
of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and
sufficiency of which is hereby mutually acknowledged, it is agreed by and between the
parties as follows:
1. RECITALS - All of the above RECITALS are true and correct and are hereby
expressly incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. PURCHASE PRICE - Owner shall convey the Easement to County for the sum
of:
$400.00
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subject to the apportionment and distribution of proceeds pursuant to Paragraph 9
of this Agreement (said transaction hereinafter referred to as the "Closing "). Said
payment to Owner, payable by County Warrant, shall be full compensation for the
Easement conveyed, including (if applicable) all landscaping, trees, shrubs,
improvements, and fixtures located thereon, and shall be in full and final
settlement of any damages resulting to Owner's remaining lands, costs to cure,
including but not limited to the cost to relocate the existing irrigation system and
other improvements (if any), and the cost to cut and cap irrigation lines (if any)
extending into the Easement, and to remove all sprinkler valves and related
electrical wiring (if any), and all other damages in connection with conveyance of
said Easement to County, including all attorneys' fees, expert witness fees and
costs as provided for in Chapter 73, Florida Statutes.
3. DOCUMENT DELIVERY - Owner shall deliver the properly executed TDRE
instrument to County within 30 days of the date of this Agreement.
4. RECORDING FEES - The County shall pay for all costs of recording the
TDRE instrument in the Public Records of Collier County, Florida.
5. EFFECTIVE DATE - 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 trustees, and /or assignees,
whenever the context so requires or admits.
6. TERM OF EASEMENT - The term of this TDRE shall commence upon the
issuance of Grantee's official Notice to Proceed to its roadway contractor for the
construction of Bridge Repairs — White Boulevard and Cypress Canal — Project 66066,
and shall automatically terminate 1,095 days therefrom.
7. BREACH AND TERMINATION - If either party fails to perform any of the
covenants, promises or obligations contained in this Agreement, such party will have
breached this Agreement and the other party may provide written notice of said breach
to the party in breach, whereupon the party in breach shall have 15 days from the date
of said notice to remedy said breach. If the party in breach shall have failed to remedy
said breach, the other party may, at its option, terminate this Agreement by giving
written notice of termination to the party in breach and shall have the right to seek and
enforce all rights and remedies available at law or in equity, including the right to seek
specific performance of this Agreement.
8. ENTIRE AGREEMENT - Conveyance of the Property by Owner is contingent
upon no other provisions, conditions, or premises other than those so stated above;
and this 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
Packet Page -828- G)
10/13/2015 16.A.19.
covenants not contained herein. This Agreement may only be amended in writing by the
parties hereto.
9. VENUE - This Agreement is governed and construed in accordance with the
laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO COUNTY:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk TIM NANCE, Chairman
AS TO OWNER:
DATED: 2(
witness'(Sig nature) STEVE M. SAID
Name (Print or Type)
Witness (Signature) DIANNE A. SAID
'4-
Name (Print or Type)
Approved as to form and legality:
Assistant Countv Attorney
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40' DRAiNACE EASEMENT
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MAP LEGEND
Steel Names
Parcels
Subdivisions
mm Aerials 2014 16 inch Urban
Aerials 2014 jZ FEETI
F-1 Building Footprints
gs Collier County
Multiple Property Records selected.
Packet Page -833-
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