Agenda 09/14/2010 Item #16C 3
Agenda Item No. 16C3
September 14,2010
Page 1 of 34
EXECUTIVE SUMMARY
Recommendation to approve an Agreement with 850 NWN, LLC, and CG II, LLC;
release certain utility easements; and accept replacement utility easements and
additional access easements for the existing South Reverse Osmosis Wellfield in an
amount not to exceed $85,400, and necessary budget amendment.
OBJECTIVE: The public purpose is to assure the reliability and sustainability of the
public drinking water supply by providing adequate access to the raw water well sites and
other infrastructure of the South Reverse Osmosis (SRO) Wellfield by releasing certain
utility easements and obtaining replacement utility easements and additional access
easements necessary for the permanent wellfield access road.
CONSIDERATIONS: The Collier County Water-Sewer District ("District") currently
has easements for two raw water well sites and a mobility corridor extending over the
entire width of the property owned by 850 NWN, LLC, and CO II, LLC, ("Owners")
located northeast -of the District's South County Regional Water Treatment Plant, as
shown on the attached Location Map.
In the course of the Owners' development of the property surrounding the District's
easements, it was determined that the area of the existing easements is inadequate to
provide viable and sustainable access to the SRO Well field lying within and to the east of
the Owners' property. To accommodate the District's need for adequate access, the
Owners are willing to grant additional access easements and replacements of existing
easements, and to construct, as part of their on-going development activities, the retaining
walls, road base, and other improvements necessary to provide viable and sustainable
access. In return, the District would release certain utility easements and provide
reimbursement to the Owners in an amount not to exceed $85,400, representing the
additional easement area and the additional construction costs occasioned by the
additional access area required. The attached Agreement details the arrangement between
the Owners and the District. Notably, the Owners will submit invoice(s) to the District
for the work. Each invoice will have a schedule of values to identify the work performed.
Taking a proactive approach, staff believes the provisions of the Agreement to be fair and
reasonable, and will be auditing the progress of construction to assure best value for the
work being completed.
FISCAL IMPACT: Funds are available in Water-Sewer District Fund (408). A budget
amendment is necessary to transfer $85,400 from Reserves to Operating Expenses in
County Water/Sewer Fund 408. The source of funding is user fees.
GROWTH MANAGEMENT IMPACT: There is no growth management impact to the
acceptance of this Agreement.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the
County Attorney's Office and is legally sufficient, The payment language in the
Agreement and in the Schedule of Values (made part of back-up to this item) has been
Agenda Item No. 16C3
September 14, 2010
Page 2 of 34
closely coordinated with the Clerk's office to ensure payment upon proper presentation of
invoices,-JBW
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the
Governing Board of the Collier County Water-Sewer District:
I. Approve and authorize the Chairman to execute the attached Agreement; and
2. approve and authorize the Chairman to execute releases of easements once
they have been reviewed and approved by the County Attorney's Office; and
3. accept the additional Access Easements and replacement Utility Easements
once they have been reviewed and approved by the County Attorney's Office;
and
4, authorize the County Manager or his designee to follow all proper closing
procedures and record the Access Easements, replacement Utility Easements,
and releases of easements iQ. the Public Records; and
5. approve the necessary budget amendment.
Prepared By: Zamira Del Toro, Project Manager, Public Utilities Planning and Project
Management Department
Agenda Item No. 16C3
September 14, 2010
Page 3 of 34
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C3
Recommendation to approve an Agreement with 850 NWN, LLC, and CG II, LLC; release
certain utility easements; and accept replacement utility easements and additional access
easements for the existing South Reverse Osmosis Wellfield in an amount not to exceed
$85,400, and necessary budget amendment.
9/14/20109:00:00 AM
Meeting Date:
Prepared By
Zamira Deltoro
Project Manager
Date
Public Utilities Division
Public Utilities Engineering
9/3/201012:00:27 PM
Approved By
Margie Hapke
Operations Analyst
Date
Public Utilities Division
Public Utilities Division
9/3/201012:41 PM
Approved By
Bala Sridhar
ManagemenUBudget Analyst, Senior
Date
Public Utilities Division
Utilities Finance Operations
9/3/20101:09 PM
Approved By
Pamela Libby
Manager - Operations-WaterlWW
Date
Public Utilities Division
Water
9/3/20102:03 PM
Approved By
Mark Sunyak
Project Manager, Principal
Date
Public Utilities Division
Public Utilities Engineering
9/3/20102:44 PM
Approved By
Toni A. Mott
Manager - Property Acquisition & Const
M
Date
Administrative Services
Division
Facilities Management
9/3/20104:47 PM
Approved By
Kelsey Ward
Manager - Contracts Administration
Date
Administrative Services
Division
Purchasing & General Services
9/7/201010:07 AM
Approved By
Lyn Wood
Contracts Specialist
Date
Administrative Services
Division
Purchasing & General Services
9/7/201010:08 AM
Approved By
Agenda Item No. 16C3
September 14,2010
Page 4 of 34
Jennifer White
Assistant County Attorney
Date
County Attorney
County Attorney
918/20108:12 AM
Approved By
Jeff Klatzkow
County Attorney
Date
918/20108:47 AM
Approved By
James W. Delony Public Utilities Division Administrator Date
Public Utilities Division Public Utilities Division 918/2010 8:50 AM
Approved By
OMB Coordinator Date
County Manager's Office Office of Management & Budget 9/8/20109:56 AM
Approved By
Randy Greenwald Management/Budget Analyst Date
Office of Management & Office of Management & Budget
Budget 918/201010:10 AM
Approved By
Mark Isackson Management/Budget Analyst, Senior Date
Office of Management & Office of Management & Budget
Budget 9/8/201012:07 PM
Agenda Item No. 16C3
September 14, 2010
Page 5 of 34
AGREEMENT
Access for North Raw Water Wellfield
South Collier Regional Water Treatment Plant
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by
and between 850 NWN, LLC, a Florida limited liability company, and CG II. LLC a Florida limited
liability company (hereinafter collectively referred to as "Owner"), whose mailing address is 159
South Main Street, Suite 500. Akron, Ohio 44308, 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 (hereinafter referred to as "Water-Sewer
District"), whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112; and
WHEREAS, the Owner is the developer and owner of the City Gate Commerce Center,
Phase Two Plat and the undeveloped land in the City Gate Commerce Park PUD; and
WHEREAS, the City Gate Commerce Center, Phase Two Plat has been recorded in Plat
Book 49, Pages 97 to 100 of the Public Records of Collier County, Florida; and
WHEREAS, the Water-Sewer District is the operating entity of the South Collier Regional
Water Treatment Plant (hereinafter "SCRWTP"); and
WHEREAS, the Water-Sewer District operates two raw water wells that are located within the
City Gate Commerce Park (hereinafter "County Raw Water Well P-Site I" and County Raw Water
Well P-Site 2") (See sketch attached hereto as Exhibit "A"); and
WHEREAS, the Water-Sewer District needs additional area for access to the two raw water
wells located within City Gate Commerce Park PUD as well as to the Water-Sewer District's raw
water well field to the northeast of the City Gate Commerce Park PUD; and
WHEREAS, Owner is willing to grant new access easements to the Water-Sewer District for
the additional area pursuant to this agreement; and
WHEREAS, proper utilization of existing easements and the additional access easements will
require the correction of some existing utility easements as well as additional construction in the area
of the new access easements and corrective easements; and
and
WHEREAS, the Water-Sewer District is willing to pay Owner for the additional construction;
Page I of5
Agenda Item No. 16C3
September 14, 2010
Page 6 of 34
WHEREAS, the Owner has contracted with Bonness, Inc. ("Owner's Contractor") to construct
the Phase Two Plat subdivision improvements and Owner's Contractor is currently constructing said
improvements; and
WHEREAS, the County will release the utility easements for County Raw Water Well P-Site 1
and County Raw Water Well P-Site 2 in exchange for appropriate replacement utility easements
granted by Owner; and
WHEREAS, the replacement utility easements and the new access easements will
necessitate the replat of Lot 4 of the City Gate Commerce Center, Phase Two Plat; and
WHEREAS, the Water-Sewer District staff and the Owner's engineer have met and determined
the appropriate specifications for the required additional construction (hereinafter "'Field Changes");
and
WHEREAS, it would be mutually beneficial to both parties, for the Owner's Contractor to
construct the Field Changes.
NOW THEREFORE, it is hereby mutually acknowledged, and it is agreed by and betv.reen the
parties as follows:
I, Owner has caused its engineer to design the Field Changes.
2. As used herein, the term "Field Changes" shall be generally described as the installation of 50
linear foot retaining walls, the construction of opaque concrete privacy fences thereon,
additional fill and road base in the vicinity of both County Raw Water Well P-Site I and
County Raw Water Well P-Site 2, the replacement of existing l' x 1.5' "pull boxes" with 3' x
4' manholes, and reconfiguration of existing fence gates and fences as more particularly
described and shown on Exhibit "B" attached hereto and made a part hereof, The description
of the Field Changes and specifications thereof shown on Exhibit "B" shall control over the
general description set forth above.
3. Water-Sewer District has reviewed the design and has provided final approval of the Field
Changes.
4. Owner will cause the Field Changes to be constructed pursuant to this agreement and will
complete the construction of the Field Changes in the vicinity of County Raw Water Well P-
Site 1 by October 10, 20 I 0 and complete the construction of the Field Changes by County Raw
Water Well P-Site 2 by October 15,2014. Water-Sewer District shall pay Owner an amount not
to exceed $85,400.00 upon receipt of invoices for work identified in the Schedule of Values.
Page 2 of5
Agenda Item No. 16C3
September 14, 2010
Page 7 of 34
5, Owner and Water-Sewer District agree that no changes or additions to the Field Changes
will occur except upon the expressed written agreement of both Owner and Water-Sewer
District.
6, Upon completion of the Field Changes, as-built surveys will be provided by Owner's surveyor,
7. On or before November 1,20] 0, the Water-Sewer District will execute and deliver to Owner a
Partial Release of Easement and Release of Easement in the forms sho,",n on Exhibit "c"
attached hereto, releasing the well easements to "Parcel P-Site I" and "Parcel P-Site 2".
8. Upon the delivery of the Releases of Easements described above, the Owner will grant and
deliver to Water-Sewer District:
a. A Utility Easement in the form shown on Exhibit "D" attached hereto, correcting the
legal description of the Utility Easement on those lands described therein ("Corrected
Parcel P-Site 1 Easement"),
b. An access easement in the form sho\\'11 on Exhibit "E" for those lands described therein
("Access Easement by P-Site I "), which shall be subject to Owner's right to have and
maintain the retaining wall and concrete block ,vall thereon as well as landscaping
north of said wall. Owner shall be responsible for all costs associated with
maintenance of said walls and landscaping.
c. A Utility Easement in the form shown on Exhibit "F" attached hereto, correcting the
legal description of the Utility Easement on those lands described therein ("Corrected
Parcel P-Site 2 Easement").
d. An access easement in the form shown on Exhibit "G" for those lands described therein
("Access Easement by P-Site 2"), which shall be subject to Owner's right to have and
maintain the retaining wall and concrete block wall thereon as well as landscaping
north of said wall. Owner shall be responsible for all costs associated with maintenance
of said walls and landscaping.
Page 3 of5
Agenda Item No. 16C3
September 14, 2010
Page 8 of 34
9. The parties acknowledge that a replat of Lot 4, City Gate Commerce Center, Phase Two will
be necessary to reflect the Corrective Parcel P-Site I Easement and the new Access
Easement by P-Site 1, which will look substantially similar to Exhibit "H" attached
hereto.
I 0, This Agreement is governed and construed in accordance \vith the laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
appropriate officials, as of the date first above written.
Attest: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA and as
EX-OFFICIO THE GOVERNING BOARD OF
THE COLLIER COUNTY WATER-SEWER DISTRICT
By: By:
,Deputy Clerk Fred W, Coyle
Chairman
DA TED:
Approved as to form
and legal sufficiency:
~
Jennifer . White, Assistant County Attorney 0
~--\:>
Page 4 of5
AS TO OWNER:
Signed, sealed and
F~~~ J
"Anne E. Ele"'~n
Pri ame
'LAWNJ-Ge
Printed Name
v: s:-r4 P'/I ~ k< .
Agenda Item No. 16C3
September 14, 2010
Page 9 of 34
CO II, LLC
A Florida Limited Liability Company
Page 5 of 5
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Agenda Item No. 16C3
Septembepa4e~dP4
Page 1'5 of 34
EXHIBIT
I
Agenda Item No. 16C3
September 14, 2010
Page 16 of 34
PARTIAL RELEASE OF EASEMENT
THIS PARTIAL RELEASE OF EASEMENT is made this _ day of ,
2010 by 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 Tamiami Trail East, Naples, Florida 34112 (hereinafter refelTed to as
"CCWSD").
WITNESSETH:
WHEREAS, CCWSD is the holder of that certain Utility Easement by and between
. Citygate Development, LLC 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 Watei~Sewer District, recorded on January 13, 2006 in Official Records Book 3965,
Page 2873 of the Public Records of Collier County, Florida (hereinafter referred to as the
"Easement") encumbering the premises legally described therein; and
WHEREAS, CCWSD is agreeable to releasing a certain parcel contained in the
Easement, said parcel being legally described in Exhibit "A," attached hereto and incorporated
herein by virtue of this reference, and labeled therein as "Parcel P-Sitel."
NOW THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and
valuable consideration, the receipt of which is hereby acknowledged, CCWSD does hereby
relinquish, abandon and release all of its rights and interest in said Easement as it relates to
Parcel P-Sitel as described in Exhibit "A"; provided, however, said Easement shall otherwise
remain in full force and effect except as to the released parcels,
rN WITNESS WHEREOF, CCWSD has caused these presents to be executed by the
Board of County Commissioners, acting through its Chairman, the day and year aforesaid.
ATTEST:
DWIGHT E, BROCK, Clerk
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-DISTRICT DISTRICT
By:
By:
Fred W. Coyle, Chairman
Approved as to form and legal sufficiency
By:
Jennifer White, Assistant County Attorney
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ge 17 of 34
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Agenda Item No. 16C3
September 14, 2010
Page 18 of 34
RELEASE OF EASEMENT
THIS RELEASE OF EASEMENT is made this _ day of , 2010 by 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 Tamiami Trail East. Naples, Florida 34112 (hereinafter referred to as "CCWSD").
WITNESSETH:
WHEREAS, CCWSD is the holder of that certain Utility Easement by and between CG
II, LLC 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, recorded on January 13, 2006 in Official Records Book 3965, Page 2891 of the
Public Records of Collier County, Florida (hereinafter referred to as the "Easement"),
encumbering the premises legally described therein as "Parcel P-Site 2"; and
WHEREAS, CCWSD is agreeable to releasing the Easement.
NOW THEREFORE, in consideration ofTEN DOLLARS ($10.00) and other good and
valuable consideration, the receipt of which is hereby acknowledged, CCWSD does hereby
relinquish, abandon and release all of its rights and interest in the Easement.
IN WITNESS WHEREOF, CCWSD has caused these presents to be executed by the
Board of County Commissioners, acting through its Chairman, the day and year aforesaid.
A TIEST:
DWIGHT E. BROCK, Clerk
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-DISTRICT DISTRICT
By:
By:
Fred W. Coyle, Chairman
Approved as to form and legal sufficiency
By:
Jennifer White, Assistant County Attorney
EXHIBIT
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Agenda Item No. 16C3
September 14, 2010
Page 20 of 34
UTILITY EASEMENT
THIS EASEMENT, made and entered into this _ day of ,2010 by
850 NWN, LlC, a Florida limited liability company. whose mailing address is 9010 Strada Stell
Court, Suite 207. Naples, Florida 34109 (hereinafter referred to as "Grantor"), to the BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FlORIOA, AS THE GOVERNING
BODY OF COlliER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COlliER COUNTY WATER-SEWER DISTRICT, Its successors and assigns, whose mailing
address is 3301 Tamfami Trail East, Naples, Florida 34112 (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 or assigns.
WIT N E SSE T 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, its successors and assigns, a
perpetual, non-exclusive, easement for utility, access and maintenance purposes, on the
following described lands located in Collier County. Florida, to wit:
Said lands are legally described in Exhibit "A" attached hereto and incorporated
herein by reference, and labeled therein as "Corrected Parcel P-Site 1 Easement."
Subject to easements, restrictions and reservations of record.
This is not homestead property.
TO HAVE AN D TO HOLD the same unto the Grantee together with the right to enter
upon said lands, excavate, and place or remove materials, including but not limited to, water
lines and pipes, well pumps and raw water wells, and other equipment or improvements
appurtenant thereto or thereunder for the purpose of constructing, reconstructing, maintaining,
repairing, operating and relocating within the easement area utility facilities under, on, above
and through the easement area shown on Exhibit "A. N The easement granted herein shall
constitute easements running with the land and shall burden the lands described above.
EXHIBIT
1
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P4.~ ( lor!
Agenda Item No. 16C3
September 14, 2010
Page 21 of 34
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
Witness (Signature)
Name:
(Print Name)
850 NWN, LLC, a Florida limited liability
company
By:
Joseph R. Weber, Vice President
159 S. Main Street, Suite 500
Akron, Ohio 44308-1300 .
Witness (Signature)
Name:
(Print Name)
STATE OF
COUNTY OF
The foregoing Utility Easement was acknowledged on this _ day of
,2010 by Joseph R. Weber, Vice President, on behalf of 850 NWN, LLC, a
Florida limited liability company, who is personally known to me or who has produced
as identification.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
Approved as to form and legal sufficiency:
By:
Jennifer White, Assistant County Attorney
EXHIBIT
I ....f;~ )..-.t31
2
U A"
Agenda Item No. 16C3
Se tember 14 2010
Page 22 of 34
LEGAL DESCRIPTION
P-SITE 1. RAW WATER WELL EASEMENT
A PARCEL OF LAND LYING IN AND BEING A PORTION OF LOT 4, CITY GATE
COMMERCE CENTER, PHASE TWO, AS RECORDED IN PLAT BOOK 49, PAGES 97
THROUGH 100, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEING
MORE PARTICULARY DESCRIBED AS FOLLOWS:.
COMMENCING AT THE NORTHWEST PROPERTY CORNER OF SAID LOT 4, CITY
GATE COMMERCE CENTER, PHASE TWO; THENCE N. 89'13'0'" E. ALONG THE
NORTH LINE OF SAID LOT 4, A DISTANCE OF 95.93 FEET; THENCE LEAVING SAID
NORTH LINE; S, 00'46'59" E.. A DISTANCE OF 30.00 FEET, TO THE POINT OF
BEGINNING; THENCE N 89"3'0'" E. AND PARALLEL WITH THE NORTH LINE OF
SAID LOT 4, A DISTANCE OF 40.00 FEET; THENCE S. 00'46'59" E. A DISTANCE
OF 21.00 FEET; THENCE S, 89'13'0'" W. A DISTANCE OF 40.00 FEET; THENCE
N. 00'46'59" W. A DISTANCE OF 21.00 FEET, TO THE POINT OF BEGINNING.
HAVING AN AREA OF 840.00 SQUARE FEET.
EXHIBIT \\
page-3--of "::l,
Agenda Item No. 16C3
September 14,2010
Page 23 of 34
ACCESS EASEMENT
THIS EASEMENT made and entered into this _ day of , 2010 by 850
NWNt LLCt whose mailing address is 901 0 Strada Stell Court, Suite 207, Naples, Florida 34109,
(hereinafter referred to as "Grantor"), to the BOARD OF COUNlY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY
AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY W ATER-
SEWER DISTRICT, its successors and assigns. whose mailing address is 3301 Tamiami Trait
East. Naples. Florida 34112 (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 or assigns,
WI1NESSETII:
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, easement
for access purposes, including vehicles on, over and through the following described lands
located in Collier County. Florida, to wit:
Said lands are legally described in Exhibit "I' attached hereto and incorporated
herein by reference, and labeled therein as "Access Easement by Parcel P.Site 1."
Subject to easements, restrictions and reservations of record.
This is not homestead propcrty,
TO HA VE AND TO HOLD the same unto the Grantee together with the right to enter
upon said lands for the purpose of maintaining, repairing and operating utility facilities, The
easement granted herein shall constitute easements running with the land and shall burden the
lands described above.
EXHIBIT
J .'-
OJr !::fer:;-
Agenda Item No. 16C3
September 14, 2010
Page 24 of 34
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date
and year first above written,
Witness (Signature)
Name:
(Print Name)
850 NWN, LLC
a Florida limited liability company
Witness (Signature)
Name:
(Print Name)
By:
Joseph R. Weber, Vice President
159 S. Main Street. Suite 500
Akron, Ohio 44308-1300
STATE OF
COUNTY OF
Sworn to and subscribed before me on this _ day of , 2010 by
Joseph R. Weber, Vice President, on behalf of 850 NWN, LLC, a Florida limited liability
company, who is personally known to me or who has produced
as identification.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
Approved as to form and legal sufficiency:
By:
Jennifer White, Assistant County Attorney
EXHIBIT
I
Agenda Item No. 16C3
September 14, 2010
Page 25 of 34
"1 ~
LEGAL DESCRIPTION
P-SITE 1, ACCESS EASEMENT
A ?ARCEL OF LAND LY1NG IN AND BEING A PORTION OF LOT 4, CITY G,'\TE
COMMERCE CENTER, PHASE TWO, AS RECORDED 1I'-l PLli,T BOOK 49, PAGES 97
THROUGH '00, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA., BEiNG
MORE PARTiCULARY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST PROPERTY CORNER OF SAID LOT 4, CITY
GATE COMMERCE CENTER, PHASE TWO; THENCE N. 89'13'01" E. ALONG THE
NORTH LINE OF SAID LOT 4, A DISTANCE OF 81.93 FEET, TO THE POINT OF
BEGINNING; THENCE CONTINUE N 89'1 :)'01" E. A DISTANCE OF 70.00 FEET;
THENCE LEAVING SAID NORTH UNE, S. 00'46'59" E. A DISTANCE OF 10,00
'FEET; THENCE S. 89'13'0'" W. A DISTANCE OF ?O.OO fEET; THENCE N.
OQ'46'59" W. A DiSTANCE OF 1000 FEET, TO THE POINT OF BEGINNING.
H~VING AN AREA OF 700.00 SOUARE FEET.
EXHIBIT
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Agenda Item No. 16C3
September 14, 2010
Page 26 of 34
UTILITY EASEMENT
THIS EASEMENT, made and entered into this _ day of , 2010 by
CG 11, LLC, a Florida limited liability company, whose mailing address is 159S.Main Street,
Suite 500, Akron, Ohio 44308-1300 (hereinafter referred to as -Grantor") , to the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING
BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, whose mailing
address is 3301 T amiami Trail East, Naples, Florida 34112 (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 or assigns.
WIT N E S S 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, its successors and assigns, a
perpetual, non-exclusive, easement for utility, access and maintenance purposes, on the
following described lands located in Collier County, Florida, to wit:
Said lands are legally described in Exhibit "A" attached hereto and incorporated
herein by reference, and labeled therein as "Corrected Parcel P-Site 2 Easement."
Subject to easements, restrictions and reservations of record.
This is not homestead property.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter
upon said lands, excavate, and place or remove materials, including but not limited to, water
lines and pipes, well pumps and raw water wells, and other equipment or improvements
appurtenant thereto or thereunder for the purpose of constructing. reconstructing. maintaining,
repairing, operating and relocating within the easement area utility facilities under, on, above
and through the easement area shown on Exhibit "A.- The easement granted herein shall
constitute easements running with the land and shall burden the lands described above.
EXHIBIT
1
I
it
Agenda Item No. 16C3
September 14, 2010
Page 27 of 34
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
Witness (Signature)
Name:
(Print Name)
CG II, LLC, a Florida limited liability
company
By:
Joseph R. Weber, Vice President
159 S. Main Street, Suite 500
Akron, Ohio 44308-1300
Witness (Signature)
Name:
(Print Name)
STATE OF
COUNTY OF
The foregoing Utility Easement was acknowledged on this _ day of
, 2010 by Joseph R. Weber, Vice President, on behalf of CG II, LLC, a
Florida limited liability company, who is personally known to me or who has produced
as identification.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
SerialfCommission #:
My Commission Expires:
Approved as to form and legal sufficiency:
By:
Jennifer White, Assistant County Attorney
EXHIBIT
I~
4' J-
2
"f\\\
Agenda Item No. 16C3
Page 28 of 34
LEGAL DESCRIPTION
P-SITE 2, RAW WATER WELL EASEMENT
A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 35. TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF CITY GATE COMMERCE CENTER,
PHASE TWO, AS RECORDED IN PLAT BOOK 49, PAGES 97 THROUGH 100, IN
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N. 89.13'01" E.
ALONG THE NORTH LINE OF SAID SECTION 35. A DISTANCE OF 478.12 FEET;
THENCE LEAVING SAID NORTH LINE; S. 00'46'59" E. A DISTANCE OF 30.00
FEET, TO THE POINT OF BEGINNING; THENCE N 89'13'01" E. AND PARALLEL
WITH THE NORTH LINE OF SAID SECTION 35, A DISTANCE OF 44,00 FEET;
THENCE S, 00'46'59" E. A DISTANCE OF 21.00 FEET; THENCE S. 89.13'01" W.
A DISTANCE OF 44.00 FEET; THENCE N. 00'46'59" W. A DISTANCE OF 21.00
FEET. TO THE POINT OF BEGINNING.
HAVING AN AREA OF 924.00 SQUARE FEET.
EXHIBiT L
Page ~ of ~
Agenda Item No. 16C3
September 14, 2010
Page 29 of 34
ACCESS EASEMENT
THIS EASEMENT made and entered into this _ day of , 2010 by CG II,
LLC, whose mailing address is 159 S,Main Street, Suite 500, Akron, Ohio 44308-1300.
(hereinafter referred to as "Grantor"), to the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY
AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY W A TER-
SEWER DISTRICT, its successors and assigns, whose mailing address is 3301 Tamiami Trail
East, Naples, Florida 34112 (hereinafter referred to as "Grantee").
Wherever used herein the terms "Grantor" and "Grantee" include aU the parties to this
instrument and their respective, heirs, legal representatives, successors or assigns.
WITNESSETH:
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, easement
for access purposes, including vehicles on, over and through the following described lands
located in Collier County, Florida, to wit:
Said lands are legally described in Exhibit "}' attached hereto and incorporated
herein by reference, and labeled therein as "Access Easement by Parcel P-Site 2."
Subject to easements, restrictions and reservations of record.
This is not homestead property.
TO HA VE AND TO HOLD the same unto the Grantee together with the right to enter
upon said lands for the purpose of maintaining, repairing and operating utility facilities. The
easement granted herein shall constitute easements running with the land and shall burden the
lands described above.
EXHIBIT
j
.3
Agenda Item No. 16C3
September 14, 2010
Page 30 of 34
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date
and year first above written.
Witness (Signature)
Name:
(Print Name)
Witness (Signature)
Name:
(Print Name)
STATE OF
COUNTY OF
CG II, LLC
a Florida limited liability company
By:
Joseph R Weber, Vice President
159 S. Main Street, Suite 500
Akron, Ohio 44308.1300
Sworn to and subscdbed before me on this _ day of , 2010 by
Joseph R. Weber, Vice President, on behalf of CO II, LLC, a Florida limited liability company,
who is personally known to me or who has produced as
identification.
(affix notarial seal)
Approved as to form and legal sufficiency:
By: . _ .
Jennifer White, Assistant County Attorney
(Signature of Notary Public)
(Print Name of Notary Public)
NOT AR Y PUBLIC
Serial/Commission #:
My Commission Expires:
EXHIBIT
I b
tot- ,"0 r-']
Agenda Item No. 16C3
September 14, 2010
Page 31 of 34
\\1 jl
LEGAL DESCRIPTION
P-SITE 2, ACCESS EASEMENT
A PARCEL OF LAND LOCATED IN A PORTION OF SECTION .35, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICUU.RLY
DESCRIBED A.S FOLLOWS:
COMt.....mCING AT THE NORTHEAST CORNER OF CITY GATE COMMERCE CENTER,
PHASE TWO, AS RECORDED IN PLAJ BOOK 49, PAGES 97 THROUGH 100, IN
THE PUBLIC RE:CORDS OF COLLIER COUNTY, FLORIDA: THENCE N. 89'13'0'" E.'
A_ONG THE NORTH liNE OF SAID SECTION .35, A DISTANCE OF <164.05 FEET,
TO THE POINT OF BEGINNiNG; THENCE CONTINUE N 89'13'01" E. A DISTANCE
OF 70.00 FEET; THENCE LEAVING SAID NORTH LINE, S. 00'46'59" E. A
DiSrA.NeE OF , 0.00 FEET; THENCE S. 89.13'0'" W. A DISTANCE or 70.00 FEET;
:HENCE N. 00.46'59" W. A DISTANCE OF 1 a.oo FEET, TO THE PO:NT OF
8EGINNING.
HAVING AN AREA OF 700.00 SOUARE FEn.
EXHIBIT
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EXHIBIT JL
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Agenda Item No. 16C3
September 14, 2010
Page 34 of 34
--....
-...A
Schedule of Values
Easements, Engineering & Survey
Access easement by Raw Water Well P-Site 1 (70' x 10')
Access easement by Raw Water Well P-Site 2 (70' x 10')
Survey (legal Descriptions & Sketches Easements)
$6,755.00
$6,755.00
$500.00
Retaining Wall P-Site 1
Place & Compact Additional Imported Fill
(Includes Final, Grade, Excavation & Backfill)
Additional Stabilizer
50'lF Concrete Retaining Wall 4.5' x 10"w/ Key 1'x1' & Footer 3.75'x1.3'
50 LF Two Masonary Wall (4'x10")
1/2" Stucco Finish with Paint
Rebar
3 FPL Style Manholes (2 Stacked-30x48x24)
Relocate 6' Chainlink Fence & add Two 10' wide Swing Gates
Survey (Construction, Asbuilts and Replat)
Engineering (Design, Meetings, Permitting & Fees, Construction and Replat)
Subtotal
$46,490.00 $46,490.00
)
>,
Retaining Wall P-Site 2
Place & Compact Additional Imported Fill
(Includes Final, Grade, Excavation & Backfill)
Additional Stabilizer
50' LF Concrete Retaining Wall 4,5' x 10" wi Key 1'x1' & Footer 3.75'x1.3'
50 LF Two Masonary Wall (4'x10")
1/2" Stucco Finish with Paint
Rebar
1 FPL Style Manholes (2 Stacked-30x48x24)
Relocate 6' Chainlink Fence & add Two 10' wide Swing Gates
Survey (Construction and Asbuilts)
Engineering
Subtotal
$24,900.00 $24,900.00
Included
Permits, fees, layout, survey, asbuilts and testing.
Dewatering, if necessary
Removal and/or replacement of unsuitable materials (Le. muck, metal, etc.)
The risk of a rise in material costs, import fill, baserock, asphalt and concrete prices,
Does not include
6" of limerock ontop of compacted road stablizer
Total $85,400.00
>:)