Backup Documents 07/09/2013 Item #16C 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP L GI TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO V 6
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
ute to Addressee(s) (List in routing order) Office Initials Date
1. •
2.
3. County Attorney Office County Attorney Office
111?-1(3
4. BCC Office Board of County
Commissioners
5. Minutes and Records Clerk of Court's Office q'� 4(3
a jer C I-cr a4tesm i. PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff „mar LLa /;� Phone Number �.a
Contact/ Department M
Agenda Date Item was Agenda Item Number ��C (4)Approved by the BCC q/ °���
Type of Document `I j` Ge,59 eA5�-/rx'»t Number of Original Pile--Attached aIreG1fle'at Documents Attached
PO number or account
number if document is
to be recorded !f�
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
I. Does the document require the chairman's original signature?
2. Does the document need to be sent to another agency for additional signatures? If yes, NIA
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's /
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. N�^
Some documents are time sensitive and require forwarding to Tallahassee within a certain r"i
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on43(enter date)and all changes made 1 G.?;
during the meeting have been incorporated in the attached document. The County Y
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the s ;, •
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16C6
MEMORANDUM
Date: July 15, 2013
To: Marlene McLaughlin, Property Acquisition Specialist
Real Estate Services
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Utility Access Easement Agreement/Folio #71750000402
Attached please find a copy of an Easement Agreement(Agenda Item
#16C6), as referenced above and approved by the Board of County
Commissioners on Tuesday, July 9, 2013.
The Minutes and Records Department has retained the original document
for the public record.
If you should have any questions, please call me at 252-8411
Thank you.
Attachment (1)
ITEM NO: DATE RECEIVED:
FILE e.: 13-RPR-02477 16 C
RO ED
REQUEST FOR LEGAL SERVICES
DATE: July 10, 2013 ,�p
TO: Office of the County Attorney
FROM: Marlene J. McLaughlin, Real Property Management
RE: Master Pump Station 306 Relocation— CDC Land Investments, Inc.
BACKGROUND OF REQUEST/PROBLEM:
Pink slip for routing to the BCC Chair for execution. Once executed and Clerk of Courts attested, have the
Agreement RETURNED TO REAL PROPERTY IMMEDIATELY. We must process for payment to the property
owner and coordinate the "closing" (recordation of the easement and SCJ) without further delay.
ENCLOSURES: Ft-v Ra leentS re( Qs4—
Instruments: U
1. Utility Easement Agreement;
ACTION REQUESTED: We respectfully request that you route the enclosed Agreement to the BCC Chair and
subsequent Clerk's attestation. Many Tiianks!
{
1606
Project: MPS 306 Relocation
Folio No.: 71750000402
UTILITY EASEMENT AGREEMENT
THIS UTILITY EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between CDC LAND INVESTMENTS, INC., a Florida
corporation whose mailing address is 2550 Goodlette Road N., #100, Naples Florida 34103
(hereinafter referred to as "Owner"), 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, its successors and assigns, (hereinafter referred to as "CCWSD"), whose mailing
address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112;
WHEREAS, CCWSD has requested that Owner convey to the CCWSD a perpetual
non-exclusive Utility Easement over, 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
Area") for the stated purpose of constructing, maintaining and operating utility facilities thereon,
on the terms and conditions set forth herein; and
WHEREAS, Owner desires to convey the Easement Area to CCWSD for the stated
purposes on the terms and conditions set forth herein.
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:
Owner shall convey the Easement Area to CCWSD via a Utility Easement, for the sum of
One Hundred Twenty Nine Thousand Four Hundred Two and 00/100 Dollars ($129,402.00),
U.S. currency by County Warrant or wire transfer (said transaction hereinafter referred to as
the "Closing").
The CCWSD will be responsible for all repairs, maintenance, and related costs for its
above-ground and in-ground infrastructure within the Easement Area. The CCWSD will be
responsible for securing the construction area and the costs of same. This provision shall
survive Closing and is not deemed satisfied by conveyance of the Utility Easement.
The CCWSD shall have possessory interest of the utility site upon which Master Pump
Station 306 is currently situated, that site conveyed to the CCWSD via Utility Easement
signed April 19, 1988 and recorded May 4, 1988 in O.R. Book 1346, Page 1693, Public
Records, Collier County, Florida until such time as all Master Pump Station 306 relocation
activities reach completion. At that time when the relocated Master Pump Station 306
begins service and the original Master Pump Station 306 is abandoned, and all testing and
decommissioning activities have been completed, actions relating to the vacation of the
aforementioned Utility Easement will commence. Until the vacation of the original Utility
easement, O.R. Book 1346, Page 1693, Public Records, Collier County, Florida is recorded
in the Public Records, the CCWSD will have possessory interest in both Easement Areas
on Tract "I", Sabal Bay Commercial Plat— Phase One.
Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Property underlying the
Easement Area upon their recording in the Public Records of Collier County, Florida. Owner
shall provide such instruments, properly executed, to the CCWSD on or before the date of
Closing.
Closing shall occur within sixty (60) days from the date CCWSD executes this Agreement;
provided, however, that CCWSD shall have the unilateral right to extend the term of this
Agreement for a period not to exceed 60 days.
Owner is aware and understands that the "offer" represented by this Agreement is subject
to acceptance and approval by the Board of County Commissioners of Collier County,
Florida.
Owner represents that to the Owner's knowledge, the Easement Area and all uses of the
Easement Area have been and presently are in compliance with all Federal, State and Local
environmental laws; that to the Owner's knowledge, no hazardous substances have been
•
16C �
generated, stored, treated or transferred on the Easement Area except as specifically
disclosed to CCWSD; that the Owner has no knowledge of any spill or environmental law
violation on any property contiguous to or in the vicinity of the Easement Area to be
conveyed to CCWSD; that the Owner has not received notice and otherwise has no
knowledge of a) any spill on the Easement Area, b) any existing or threatened
environmental lien against the Easement Area or c) any lawsuit, proceeding or investigation
regarding the generation, storage, treatment, spill or transfer of hazardous substances on
the Easement Area. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
Owner shall indemnify, defend, save and hold harmless the CCWSD against and from, and
to reimburse the CCWSD 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 CCWSD by reason or arising
out of the breach of Owner's representation under the previous paragraph. This provision
shall survive Closing and is not deemed satisfied by conveyance of title.
CCWSD shall pay for all costs of recording the conveyance instruments in the Public
Records of Collier County, Florida. All other costs associated with the closing of this
transaction including but not limited to transfer, documentary and intangible taxes, and
recording costs for any curative instruments shall be borne and paid by Owner. The cost of
a title commitment shall be paid by CCWSD.
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.
Conveyance of the Easement Area by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; 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.
If the Owner holds the property underlying the Easement Area 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, of the name and address of every person having a beneficial interest
in the property underlying the Easement Area before the Easement Area held in such
capacity is conveyed to CCWSD, its successors and assigns. (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.)
This Agreement is governed and construed in accordance with the laws of the State of
Florida.
G ,
16C6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
cith day of <J� , 2013.
Date Property acquisition approved by BCC: 11....161
AS TO CCWSD:
DATED: 7' 9-/3
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BOD OF COLLIER
COUNTY AND SEX- FFICIO THE
GOVER 0 RD F SHE COLLIER
COUN W °-S ER DISTRICT
BY:
est as, okeirmtinverk Geetra A. Hiller, Esq., Chairwoman
signature'onLy.
AS TO OWNER:
DATED:--itne- al "a°1-3 CDC LAND INVESTMENTS, INC.,
a Flori p ofit orporati n
(�• By 1t
Wit ess (Signature)
�� i1 Print Name: �a+r e k L.
Name: t+
(Print or Type) Title:
�G akct /A-147--
Witness (Signature)
Name: / v,Is ,v�/
(Print or Type) /
Approved as to form and legality
Assistan Countyy�lttorney
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1606
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EXHIBIT A
Page__ �
LEGAL DESCRIPTION
Being a part of Tract"I"
Sabal Bay Commercial Plat– Phase One
Plat Book 38, Pages 81 through 84,
Collier County, Florida
(Proposed Collier Utility Easement(C.U.E.)
BEGINNING at the Northwest Corner of Tract"I",according to the Plat of Sabal Bay
Commercial Plat–Phase One as recorded in Plat Book 38, Pages 81 through 84, Public
Records of Collier County, Florida.
Thence along the Right of Way line of Thomasson Lane(SR 864)and the northerly Boundary of
said Tract"I" North 89°35'12" East 24.97 feet;
Thence continue along said Boundary line, North 89°42'24" East 334.04 feet;
Thence leaving said Boundary line South 00°15'17" East 140.21 feet;
Thence South 38°50'41"West 102.50 feet to a point on the Boundary line of said Tract"I" in the
following two(2)described courses;
1) North 51°08'02"West 206.35 feet;
2) 161.49 feet along the arc of a circular curve concave southwest having a radius of
840.00 feet through a central angle of 11°00'54"and being subtended by a chord which
bears North 56°38'29"West 161.24 feet to the POINT OF BEGINNING.
Containing 0.96 acres or 41,965 square feet, more or less.
Bearings are based on the Northerly line of said Tract"I", being North 89°42'24" East.
Certificate of authorization#LB-43.
WilsonMiller, Inc.
Registered Engineers and Land Surveyors
By: '- Date: November 16. 2012
Lance T Miller, Professional Surveyor and Mapper#LS5627
Not valid unless embossed with the Professional's seal.
Ref. 2D-122-I