Force Main Parcel 703Memorandum
TO:
FROM:
DATE:
RE:
Minutes & Records Management
Cindy Erb ~.~~' ~,~
Sr. Properly Acquisition Specialist
Real Estate Services
April 27, 2004
Santa Barbara Force Main Interconnect Project- Project #: 731321
Parcel # 703; Folio No. 36386640008
Please find attached one (1) ori.qinal recorded Temporary Construction Easement and
one (1) original Temporary Construction Easement Agreement 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
PROJECT:
PARCEL: 703
FOLIO: 36326640008
P~eparedb~:
E11efl T. Chad. 11. Esquire
Of~tce of the ¢ouflt$ Attar.es
3301 East Ta~amt Tra~t
Naples, Flortda 34112
(941) 774-8400
TEMPORARY CONSTRUCTION
ATTN: CINDY/BXT 8927
T_~.? EASEMENT is made and entered into this ~ day of
~,//-.- , 2004, by WEST COAST DEVELOPMENT CORPORATION OF
NAPLES, INC., a Florida corporation, whose mailing address is 3073 South Horseshoe
Drive, Suite 118, Naples, Florida 34104-6145, (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.)
Santa Barbara Force Main Interconnect Project
3381058 OR: 3543 PG: 265
R~CORD3D in OPPICIAL R~CORDS ot COLLI~R COUNTY, EL
0~/16/200% at 08:29AM DWIGHT ~, BROCK, CLERK
CONS I000.00
R~C F~ 19.50
DOC-.?O 7.00
COPIBS 4.00
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
temporary easement, license and privilege to enter upon the following described lands
located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
This Easement is granted for the express purpose of providing Grantee temporary
access to Grantor's lands as described above, and for the purpose of construction and
installation of public improvements adjacent thereto. This Easement shall expire one
year beyond the official acceptance of the public improvements by the Board of County
Commissioners of Collier County, Florida, or on April 15, 2005, whichever occurs first.
In the event that the construction of the public facilities has not been completed by April
15, 2005, the Purchaser reserves the right to record in the Public Records of Collier
County a Notice of Time Extension which shall grant a one (1) year time extension until
April 15, 2006, 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
executed the day and year first above written.
(Print or Typ_e)
Witness(,(.,~natur~) 7 .~.'~'-~,
Name: ~ [.L.~,~ I~ .'"~¢c~__~%
(Print or '~)pe)
WITNESS WHEREOF, the GRANTOR has caused these presents to be
WEST COAST DEVELOPMENT
CORPORATION OF NAPLES, INC.,
a Florida corporation
Richard Vetter, President
THIS CONVEYANCE APPROVED BY THE
BOARO OF COUNTY
COLLt~R COUNTY.
OR: 3543 PG: 2656
STATE OF F'L0~,.,(.
COUNTY OF
Th.9 foregoing T_emporary Construction Easement was acknowledged before me
this '~ day of i~ ILl L. ,2004 by Richard Vetter, P~res~i~lenLon_beb_alf
of West Coast Development Corporation of Naples, Inc., who~sonally known to me--~
or who has produced as identification.
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
Assistant Count~ Attorney
Ellen T. Ch&~11
OR: 3543 PG: 2657
EXHIBIT, "'/"
Page / , of 2.-
SKF, TCH OF DESCRIPTION
OF A 5' TEMPORARY CONSTRUCTION EASEMENT
IN BLOCK 228 GOLDEN GATE UNIT NO. 6,
PLAT BOOK 5, PAGE: 124, COLMER COUNTY, FLORIDA
.,..- P 0 C
P~ ~OSITION
·
I cc ,-/- S88~.4'56'W
5.00'
P.O.B.~/ ~,
BLOCK 228
~ FOUO NO.:
K/
Zm-~.
<~-~ ~ ~ /
"~1 .~o ~
L=16.09 / ~--
~=36'~2'12' / 6t'-
CH=15.81 I / GOLDEN GATE
CHB-.-S18'O3'28"Ey PKWY,._ BLO. cKOUTH 228LINE OF
SEE SHEET 2 OF 2 KEY:
FOR DESCRIPTION R/W- RIGHT-OF-WAY
PRM - PERMANENT REFERENCE MONUMENT
P.O,B. - POINT OF BEGINNING
P.O.C. - POINT OF COMMENCEMENT
THIS IS NOT A SURVEY
I
JEFFREY C, COONEE ANB A$$OClA'I' $, INC,
5~,JR~rYINO .~D M.~PI~O
3,00 COt. ON~^L 8t.~., sur~ 4, FORT ~R$, ~..OmD^ 33~t
PHONE~ (239)277-0722 FA,~ (239)277-7179 EMAIL~ SURVEYING~:[COONER.COM
CEENT: GREELEY AND HANSEN, LLC DRAWN BY: J.N.M. CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DATE: 6/26/03 SCALE: 1"-.100' REV: 11/0.3
5' TEMP. EASEMENT IN BLK 228, GOLDEN
GATE UNIT NO. 6, COLLIER COUNTY, FL PROJECT No: 020908 DWG No: BLK 228 SHFFT: I OF 2
*** OR: 3543 PG: 2658 ***
EXHIBIT_'~z 'L
Page_ ~ of .2_
SI~ETCH ~D DESCRIPTION
OF A 5' TEMPORARY CONSTRUCTION EASEMENT
IN BLOCK 228 GOLDEN GATE UNIT NO. 6,
PLAT BOOK 5, PAGE 124, COLLIER COUNTY, FLORIDA
DESCRIPTION;
A 5-FEET STRIP OF LAND IN BLOCK 228, GOLDEN GATE UNIT NO. 6, AS RECORDED IN
PLAT BOOK 5, PAGE 124, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE PERMANENT REFERENCE MONUMENT ON THE WEST LINE OF BLOCK
228, AS SHOWN ON SAID PLAT OF GOLDEN GATE UNIT NO. 6, THENCE RUN SOUTH
00'22'58" WEST FOR A DISTANCE OF 114..71 FEET ALONG THE WEST LINE OF SAID BLOCK
228 TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00'22'..'38" WEST FOR A
DISTANCE OF 24-4.29 FEET ALONG SAID WEST LINE TO A POINT OF CURVE; THENCE
ALONG THE ARC OF SAID CURVE, TO THE LEFT, FOR A DISTANCE OF 16.09 FEET,
HAVING A RADIUS OF 25.00 FEET, THROUGH A DELTA ANGLE OF 36'52'12", (CHORD
15.81 FEET, BEARING SOUTH 18'03'28" EAST), TO A POINT OF INTERSECTION WITH A LINE
THAT IS 5.00 FEET EASTERLY AND PARALLEL TO THE WEST LINE OF SAID BLOCK 228;
THENCE RUN NORTH 00'22'58" EAST FOR A DISTANCE OF 259.4-6 FEET ALONG SAID
LINE; THENCE RUN SOUTH 88'24.'56" WEST FOR A DISTANCE OF 5.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 127.3 SQ. FT. MORE OR LESS.
J,/~'F~'~?W~;I~..ISiD~F (teOR THE FIRM LB§773)
PI:~JIe~SSlONAL~$URVEYOR AND MAPPER
FLORIDA,-~C'£HSE NO/LS_4876
THIS'~r..ql2.'-DAY O~N;"v'~, 2003. 11-11::5 IS NOT A SURVEY
JEFFR t' C, COONER AND A$$OClWI'E$, INC,
SURVEYING AND MAPPING
~900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 35912
PHONE: (2,.39)277-0722 FAX: (239)277-7179 EMAIL: SURVEYING~COONER.COM
CMENT: GREELEY AND HANSEN, LLC DRAWN BY: J.N.M. CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DATE: 6/26/05 SCALE: REV: 11/o,3
5' TEMP. EASEMENT IN BLK 228, GOLDEN
GATE UNIT NO. 6, COLLIER COUNTY, FL PROJECT No: 020908 DWG No: BLK 228 SHEET: 2 OF 2
PROJECT:
PARCEL:
FOLIO:
Santa Barbara Force Main Interconnect Project
703
3632664OOO8
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered by and between WEST COAST
DEVELOPMENT CORPORATION OF NAPLES, INC., a Florida corporation, whose
mailing address is 3073 South Horseshoe Drive, Suite 118, Naples, Florida 34104-
6145,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 $1,000.00.
2. Purchaser shall pay Owner for the Temporary Construction Easement by County
Warrant.
3. Purchaser agrees, to the best of their ability, to maintain access, at all times, to and
from the shopping center via the drive-way off of Santa Barbara Boulevard and especially
during the peak business hours of 10:00 a.m. to 6:00 p.m.
4. Both Owner and Purchaser agree that time is of the essence in regard to the
closing and therefore, said closing shall occur within sixty (60) days of the execution of
the Agreement by Purchaser. At closing, Owner shall deliver a Temporary Construction
Easement to Purchaser in a form acceptable to Purchaser and Purchaser shall deliver
the County Warrant to Owner.
5. Conveyance of the Temporary Construction Easement, or any interest in the
Property, by the Owner is contingent upon no other provisions, conditions, or premises
other than those so stated herein; and the written agreement, including all exhibits
attached hereto, shall constitute the entire agreement and understanding of the parties,
and there are no other prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein.
6. Owner is aware of and understands that the "offer" to purchase represented by
this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
7. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws; that
no hazardous substances have been generated, stored, treated or transferred on the
Property except as specifically disclosed to the County; that the Owner has no
knowledge of any spill or environmental law violation on any property contiguous to or in
the vicinity of the Property to be sold to the County, that the seller has not received
notice and otherwise has no knowledge of a) any spill on the Property, b) any existing
or threatened environmental lien against the Property or c) any lawsuit, proceeding or
investigation regarding the generation, storage, treatment, spill or transfer of hazardous
substances on the Property. This provision shall survive closing and is not deemed
satisfied by conveyance of title.
8. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the
County against and from, and to reimburse the County with respect to, any and all
damages, claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of court, in
bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by
or asserted against the County by reason or arising out of the breach of owner's
representation under Section 7. This provision shall survive closing and is not deemed
satisfied by conveyance of title.
9. The Purchaser shall pay for all costs of recording the Temporary Construction
Easement. All other costs associated with this transaction including but not limited to
transfer, documentary and intangible taxes, and recording costs, if any, for any curative
instruments shall be borne and paid by Owner.
10. Owner agrees to grant the Temporary Construction Easement for the purpose of
constructing public facilities in this area. This Temporary Construction Easement shall
expire upon completion of the construction of the public facilities in the area described
above or on April 15, 2005, whichever occurs first. In the event that the construction of
the public facilities has not been completed by April 15, 2005, the Purchaser reserves
the right to record in the Public Records of Collier County a Notice of Time Extension
which shall grant a one (1) year time extension until April 15, 2006, 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 '~ '~ day of . ,.~' ~ ,2004.
Dated Project/Acquisition Approved by BCC: 9/23/03
AS TO PURCHASER:
DATED:
ATTEST:
DWlSl--J~ E~.~..~ 'Clerk
~./.-,,' .... ~~y Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
DONNA FIALA, Chairman
AS TO OWNER:
DATED: A~ (..-
WITNESSES:
_~ (Print or Type)
/VV'%~ess (Si'cih'ature~ , ,,-,
N~me: ._~__~_!l ~ 1~1
(Pri~[0t,-J'~/pe) -
WEST COAST DEVELOPMENT
CORPORATION OF NAPLES, INC.,
a Florida corporation
Richard Vetter, President
Approved as to form and
legal sufficiency:
Ellen T. Chadwell
Assistant County Attorney
EXHIBIT_",~"
Page_ / ~of ~_~_..~
SI~'ETCH OF DESCRIPTION
OF A 5' TEI~PORARY CONSTRUCTION EASEWENT
IN BLOCK 228 GOLDEN GATE UNIT NO. 6,
PLAT BOOK 5, PAGE: 124., COLMER COUNTY, FLORIDA
~rPRM POSITION
· - S88'24.'56"W
P.O.B? ~'' 5.00'
BLOCK 228
~ ~ (~ ~ ~o 36326640008
o o
0 Z
R=25.00
L=16.09 ,d' ~
I / ' GOLDEN GAlE
CHB-S18'O3'28"E ' ' PKWY BLocKOUTH 228LINE OF
SEE SHEET 2 OF 2 KEY:
FOR DESCRIPTION R/W- RIGHT-OF-WAY
PRM - PERMANENT REFERENCE MONUMENT
P.O,B. - POINT OF BEGINNING
P,O.C. - POINT OF COMMENCEMENT
THIS IS NOT A SURVEY
Ji:.rrR .¥ C, COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUITE 4., FORT MYERS, FLORIDA ,33912
PHONE: (239)277-0722 FAX: (2,39)277-7179 EMAIL: SURVEYING(i=COONER.COM
CMENT: GREELEY AND HANSEN, LLC DRAWN BY: J.N.M. CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DATE: 6/26/03 SCALE: 1"=100' !REV: 11/03
5' TEMP. EASEMENT IN BLK 228, GOLDEN
GATE UNIT NO. 6, COLLIER COUNTY, FL PROJECT No: 020908 DW~ No: BLK 228 SHEET: 1 OF 2
EXHIBIT
Page, 2_ o~ 'z..
$ffETCH AND DESCRIPTION
OF A 5' TEWI=ORARY CONSTRUCTION EASEWENT
IN BLOCK 228 GOLDEN GATE UNIT NO. 6,
PLAT BOOK 5, PAGE 12~, COLMER COUNTY, FLORIDA
DESCRIPTION:
A 5-FEET STRIP OF LAND IN BLOCK 228, GOLDEN GATE UNIT NO. 6, AS RECORDED IN
PLAT BOOK 5, PAGE 124, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE PERMANENT REFERENCE MONUMENT ON THE WEST LINE OF BLOCK
228, AS SHOWN ON SAID PLAT OF GOLDEN GATE UNIT NO. 6, THENCE RUN SOUTH
00'22'38" WEST FOR A DISTANCE OF 114.71 FEET ALONG THE WEST LINE OF SAID BLOCK
228 TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00'22'58" WEST FOR A
DISTANCE OF 244.29 FEET ALONG SAID WEST LINE TO A POINT OF CURVE; THENCE
ALONG THE ARC OF SAID CURVE, TO THE LEFT, FOR A DISTANCE OF 16.09 FEET,
HAVING A RADIUS OF 25.00 FEET, THROUGH A DELTA ANGLE OF 36'52'12", (CHORD
15.81 FEET, BEARING SOUTH 18'03'28" EAST), TO A POINT OF INTERSECTION WITH A LINE
THAT IS 5.00 FEET EASTERLY AND PARALLEL TO THE WEST LINE OF SAID BLOCK 228;
THENCE RUN NORTH 00'22'58" EAST FOR A DISTANCE OF 259.46 FEET ALONG SAID
LINE; THENCE RUN SOUTH 88'24'56" WEST FOR A DISTANCE OF 5.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 1273 SQ. FT. MORE OR LESS.
SEE SHEET 2 OF 2
JmES N. WlLKISON (FOR THE FIRM LB6775)
PPd3FESSIONAL SURVEYOR AND MAPPER
FLORIDA~LICENSE NO/LS 4876
TH~S ~L~DAY 0~:-~.-200`3. THIS IS NOT A SURVEY
',JEFFREy C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 F. MAIL: SURVEYING~COONER.COM
CMENT: GREELEY AND HANSEN, LLC DRA~I BY: J.N.M. CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DATE~ 6/26/03 SCALE: REV: 11/0.3
5' TEMP. EASEMENT IN BLK 228, GOLDEN ' ,
GATE UNIT NO. 6, COU-IER COUNTY, FL PROJECT No: 020908 DWG No: BLK 228 SHEET: 2 OF 2