Agenda 07/27/2010 Item #16A23Agenda Item No. 16A23
July 27, 2010
Page 1 of 9
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission Members.
Should a hearing be held on this item, all participants are required to be sworn in. This is
a recommendation to accept a permanent drainage easement over a portion of Tract 4,
Lely Resort, Phase One.
OBJECTIVE:
To accept a permanent drainage easement over a portion of Tract 4, Lely Resort, Phase One
CONSIDERATIONS:
On March 6, 1990, the Board of County Commissioners approved the plat for Lely Resort,
Phase One. The plat contained some temporary drainage easements which were to be
automatically vacated upon acceptance of permanent easements. The developer is now
developing one of these parcels and has submitted plans with permanent facilities. The
replacement easement will now be located over the permanent facilities. Collier County will
have no maintenance responsibility with respect to the easement or the improvements within the
easement area.
Land Development Services Department recommends that the Board accepts the permanent
easement.
FISCAL IMPACT:
The County will realize revenues as follows:
Fund: Growth Management Fund 131
Agency: County Manager
Cost Center: 138327 -- Land Development Services
Revenue generated by this project: Fees associated with this easement
document were paid at the time of Site Development Plan application. The
developer will pay all necessary recording fees.
GROWTH MANAGEMENT IMPACT:
There is no growth management impact. This project is within the Lely Resort Development
of Regional Impact.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the easement for legal sufficiency.
This item is ready for Board consideration and approval. HFAC
RECOMMENDATION:
That the Board of County Commissioners accept the drainage easement.
Agenda Itern No. 16A23
July 27, 2010
Page 2 of 9
Attachments: 1) Location Map, 2) Easement, 3) Mortgagees Consent
PREPARED BY: John Houldsworth, Senior Site Plan Reviewer, Land Development
Services /Engineering Review, Growth Management Division, Planning and Regulation
Agenda Item No, 16.A23
July 27, 2010
Page 3 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16A23
Item Summary: This item requires that ex parte disclosure be provided by Commission Members. Should a
hearing be held on this item, all participants are required to be sworn in. This Is a
recommendation to accept a permanent drainage easement over a portion of Tract 4, Ley
Resort, Phase One.
Meeting Date: 7/27/2010 9:00:00 AM
Prepared By
John Houldsworth
Site Plans Reviewer, Senior
Date
Community Development &
Engineering 8 Environmental Services
712112010 10:34:20 AM
Environmental Services
Approved By
Nick Casalanguida
Director - Transportation Planning
Date
Transportation Division
Transportation Planning
7121/2010 10:38 AM
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
7121/201011:31 AM
r. Approved By
Jeff Klatzkow
County Attorney
Date
7/2112010 11:52 AM
Approved By
Leo E. Ochs, Jr.
County Manager
Date
County Managers Office
County Managers Office
712112010 12:14 PM
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Agenda Item No. 16A23
July 27, 2010
Page 5 of 9
PREPARED BY AND TO BE RETURNED TO:
Eleanor W. Taft, Esq.
Eleanor W. Taft, P.A.
2647 Professional Circle, Suite 1203
Naples, FL 34119
GRANT OF EASEMENT
It is hereby agreed that STOCK DEVELOPMENT, LLC, a Florida limited liability
company (hereinafter referred to as "GRANTOR "), whose address is 2647 Professional Circle,
Suite 1201, Naples, Florida 34119, in consideration for TEN DOLLARS ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does
hereby grant, sell, transfer, convey and deliver unto TRIANGLE PLAZA AT LELY RESORT
COMMERCIAL NEIGHBORHOOD PROPERTY OWNERS' ASSOCIATION, INC. a Florida
not- for - profit corporation (the "ASSOCIATION ") and its respective successors and assigns and
COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as the
"GRANTEES "), a non - exclusive, perpetual easement for storm water management facilities and
right -of -way upon, over, across or below the surface of the following described lands of the
Grantor, situated in Collier County, Florida; more particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof
for the purposes of maintaining and repairing, at the Association's sole cost, all stormwater
management facilities contained on the easement property as well as all portions of the
easement property. This easement is in substitution of the temporary drainage easement
depicted in Plat Book 16 at Page 89 and described in Note 19 thereof; accordingly, the Grantor
abandons the temporary easement and substitutes thereto this permanent easement for
stormwater management facilities. The foregoing maintenance and repair obligations shall be
conducted and performed in accordance with all applicable permits and agreements concerning
such property. Such obligations shall include, but shall not necessarily include, maintaining
policies of liability and casualty insurance for injuries to person or property in connection with
the easement property. Collier County shall have no obligations relating to this easement;
including but not limited to maintenance and repair.
Association, by virtue of utilizing the easements granted to it hereunder, hereby agree to
indemnify, defend and save Grantor and its successors and assigns harmless of and from any
and all claims, demands, lawsuits, expenses, attorneys' fees, causes of action, judgments and
liabilities which now exist or may hereafter arise with respect to the use of the easements
declared hereunder by such user, whether such matters relate to injury to personal property or
otherwise, but excluding any claim, demand, loss, expense, attorney's fees, cause of action,
judgment or liability arising out of or relating to the negligence or more culpable conduct of
Grantor.
In the event any action or proceeding is taken to enforce the provisions of this
instrument, the prevailing party shall be entitled to an award of court costs and attorney's fees
(which shall include any and all attorney and paralegal fees incurred in the course of trial or
appellate litigation or related services by an out -of -court attorney and paralegal associated with
or regarding the dispute in question, and any and all such fees incurred in connection with any
administrative proceeding associated with or regarding the dispute in question) necessitated by
non - compliance with the terms of this instrument.
1-
Executed this day of July, 2010.
WITNESSES:
RE-1
STATE OF
COUNTY OF
Agenda Item No. 16A23
July 27, 2010
Page 6 of 9
STOCK DEVELOPMENT, LLC, a Florida
limited liability company
By:
Name:
Its:
The foregoing instrument was acknowledged before me this day of July, 2010, by
as of STOCK
DEVELOPMENT, LLC, a Florida limited liability company. He is personally known to me.
My Commission Expires:
(Signature)
(AFFIX NOTARY SEAL) Name:
(Legibly Printed or Typed)
Notary Public, State of Florida
(Commission Number, if any)
Approved as to form & legal sufficiency r.['
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16A23
2010
7 of 9
Agenda Item No. 16A23
July 27, 2010
Page 8 of 9
CONSENT OF MORTGAGEE
GRANT OF EASEMENT
STORMWATER WATER MANAGEMENT FACILITIES
KNOW ALL MEN BY THESE PRESENTS:
Regions Bank (the "Mortgagee "), the holder of that certain Mortgage, Security Agreement, and
Assignment of Rents, recorded April 22,2002 and recorded in Official Records Book 3022, Page
2108 and modifications recorded in Official Records Book 3947, Page 452 and Official Records
Book 4128, Page 3834 of the Public Records of Collier County, Florida (the "Mortgage "), which
Mortgage constitutes a lien upon the real property, hereby consents to Stock Development, LLC,
a Florida limited liability company (`Stock") subjecting a portion of the lands described therein
to the provisions of the Grant of Easement and agrees that the lien and encumbrance of the
Mortgage shall be subordinate to the Grant of Easement.
The subordination set forth herein is limited strictly to the rights of the Association and Collier
County, its successors and assigns, created by the Grant of Easement and this subordination shall
not constitute a subordination to the rights of any other person or entity that holds any interest in
the Property, as defined in the Grant of Easement.
Dated this day of 2010.
WITNESSES:
Witnesses:
Print
Print
Regions Bank
By:_
Name:
Title:
Approved as to form & legal sufficiency
ry County Attorney ��
Agenda Item No. 16A23
July 27, 2010
Page 9 of 9
CONSENT
OF
BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA
Upon recommendation by the Senior Site Plans Reviewer Land Development Services
Growth Management Division of Collier County and after reasoned consideration by the Board
of County Commissioners Collier County, Florida (the "Board "), the Board accepts this Grant of
Easement as the permanent easement in substitution of the temporary easement depicted in Plat
Book 16 at Page 89 and described in Note 19 thereof; accordingly, the temporary easement is
automatically terminated and such substitution is in the public interest.
Attest:
DWIGHT E. BROCK, Clerk
0
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
in
Approved as to form & legal sufftlency
fp(L County Attorney
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