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Backup Documents 03/22/2011 Item #10EORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 O TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. I fie completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item I ROUTING SLIP Complete routing lines N 1 through 44 as appropriate for additional signatures, dales, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throuah routine lines 41 through tt4, complete the checklist and forward to Ian Mitchell (line 45) . Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. (Initial) Applicable) Agenda Date Item was March 22, 2011 Agenda Item Number JOE 2. _ -- 3. Resolution o11—%Q3 Number of Original One Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached 4. Hel :i- As�icko T*-, + -F W r I.. t County Attorney ;rL�ll t 5. Ian Mitchell, BCC Supervisor Board of County Commissioners 2. 6. Minutes and Records* Clerk of Court's Office N/A Please scan under US -41 Ditch (LASIP) Project No. 51101 in the BMR Real Property Folder. Thank you PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact tstaff for additional or missing information. All original documents needing the BCC Chairman's ,signature are to be delivered to the BCC office only after the BCC has acted to approve the item. ) Name of Primary Staff Robert Bosch, ROW Coordinator, Tpt. Eng. Phone Number 252 -5843 Contact appropriate. (Initial) Applicable) Agenda Date Item was March 22, 2011 Agenda Item Number JOE Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution o11—%Q3 Number of Original One Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 126.05, Revised 2 24 05. Revised 7.31.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) I . 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. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from -' contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N, N/A Office and all other parties except the BCC Chainnan and the Clerk to the Board 3. 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. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. �Cl 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 3/22/11 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 126.05, Revised 2 24 05. Revised 7.31.09 10E MEMORANDUM Date: March 28, 2011 To: Robert Bosch Right -of -Way Coordinator Transportation Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2011 -63 Acquisition by Gift or Purchase of Land and Easements for US -41 Ditch (LASIP) Per your request you will find enclosed one copy of each document referenced above (Agenda Item #10E), adopted by the Board of County Commissioners on March 22, 2010. The Minutes & Records Department has retained the original Resolution to be kept in the Board's Official Records. If you should have any questions, please call me at 252 -8411. Thank you. Enclosures 10E 4 RESOLUTION NO. 2011- 63 A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF THOSE PERPETUAL AND TEMPORARY EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF STORMWATER IMPROVEMENTS KNOWN AS THE US -41 DITCH SEGMENT OF THE LELY AREA STORMWATER IMPROVEMENT PROJECT. (PROJECT NO. 51101.) WHEREAS, on June 8, 2004, the Board of County Commissioners of Collier County, Florida adopted Resolution No. 2004 -205, authorizing the acquisition by gift or purchase of land and easements required for the construction of stormwater improvements known as the Lely Area Stormwater Improvement Project ( "LASIP "), located in east Naples; and WHEREAS, since the adoption of the aforesaid resolution several segments of the LASIP project have been designed and permitted, the land and easements have been acquired, and in many cases the construction has already been completed; and WHEREAS, plans and specifications have been prepared for construction of stormwater improvements known as the US -41 Ditch segment (the "US -41 Ditch ") of LASIP, which require easements to be acquired before construction may begin; and WHEREAS, estimates of the cost of easement acquisition required for the US -41 Ditch have recently been completed; and WHEREAS, the Board of County Commissioners, after considering the current estimated cost of acquiring the property rights necessary to begin construction on the US -41 Ditch, desires to reaffirm the delegation of authority to acquire said easements by gift or purchase; and WHEREAS, the acquisition of the easements and the construction of the US -41 Ditch within the boundaries depicted in Exhibit "A ". attached hereto and incorporated herein, is in the best interests of the citizens of Collier County. 10E NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board has determined that construction of stormwater improvements known as the US -41 Ditch segment of the Lely Area Stormwater Improvement Project, Project No. 51101, is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. 2. The acquisition of various easement interests required for the construction of the US -41 Ditch is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Community Affairs. 3. It is necessary and in the best interest of Collier County for the Board to authorize the acquisition of drainage easements and temporary construction easements to enable construction of stormwater improvements known as the US -41 Ditch within the project boundaries identified in Exhibit "A" (attached hereto and by reference made a part hereof), and the County Manager or his designee is hereby authorized and directed to acquire said easements by either gift or purchase. 4. The Board hereby directs the County Manager or his designee to make purchase offers to property owners for the easements required to construct foresaid segments of LASIP, which offers shall be based upon estimates of the market value of the subject real estate which have been developed by licensed state - certified general real estate appraisers. 5. In view of the differences of opinions between real estate appraisers regarding market value and full compensation to property owners, and in view of the cost of condemnation, the Board hereby authorizes the County Manager or his designee to approve purchases of easements -Page 2- 10E where the property owner has agreed to sell to the County at, or up to twenty five percent (25 %) above the County's full compensation estimate, with the maximum approval authority not to exceed $50,000 over the County's appraiser's full compensation estimate, and the Board hereby authorizes the approval and execution of Closing Statements related to said transactions by the County Manager or his designee. Any and all purchases in excess of one hundred and twenty - five percent (125 %) of the appraiser's full compensation estimate, or in excess of $50,000 above the appraiser's full compensation estimate, whichever amount is the lesser of the two, shall require separate Board approval. 6. The Board hereby authorizes its Chairman, and any subsequent Chairman for the life of the Project, upon the approval of the Office of the County Attorney as to form and legal sufficiency, to execute real property conveyance agreements and subordinations of utility interests incorporating agreements for reimbursement for additional facilities relocation, in substantially the same form as that Sample Real Property Conveyance Agreement and that Sample Subordination of Utility Interests and Agreement for Reimbursement for Additional Facilities Relocation, attached hereto as Exhibits `B" and "C" respectively and made a part hereof, and /or other documents approved by the Office of the County Attorney to close real estate transactions, where the property owner has agreed to sell to the County at appraised value, or within the parameters stipulated in Paragraph 5 (above). 7. Said authority is delegated by the Board to the extent that such delegation does not conflict with the provisions of Section 125.355, Florida Statutes. 8. The Board hereby authorizes the Finance Department to issue warrants, and /or to make wire transfers, payable to the property owner(s) of record, to title companies and attorneys -Page 3- 10E closing real estate transactions, and to others who may possess an equitable interest in the subject real property parcels in those amounts as shall be specified on a Closing Statement. 9. All title to real property which has been acquired in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, conveyance instruments such as easements, as well as any other instruments that may be required to remove, release or subordinate the lien of any encumbrance on the subject real estate, in order to effect constructive notice of the County's interest in real property. This Resolution, adopted on this 11" 4 day of tic AQC ti , 2011, after motion, second and majority vote. ATTEST: E.491C rK,°gERK Attest is to'Chat gnaturf' ' on-, 4 Approved as to form and legal sufficiency: T E- WRIGHT Asst ant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER / COUNTY, FLORIDA � L By: 7`'L� W Xsi FRED W. COYLE, CHAT N -Page 4- Item # JbG Agenda Date t Data ( I Recd CN Deputy ulerk 10,E EXHIBIT "B" SAMPLE REAL PROPERTY CONVEYANCE AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this day of 20, by and between whose mailing address is , (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 an 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: 1. 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. Owner shall convey the Easement to County for the sum of: 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 or funds wire transfer, shall be full compensation for the Easement conveyed, including 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, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, 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. Prior to Closing, 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 10E Page 2 their recording in the public records of Collier County, Florida. At or prior to Closing, Owner shall provide County with a copy of any existing prior title insurance policies. Owner shall cause to be delivered to County the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents ") on or before the date of Closing: (a) Easement; (b) Closing Statement; (c) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W -9 Form; and (e) 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. Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the County; provided, however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Easement. Such right to extend may be exercised by the County Manager or his designee for an additional term not exceeding ninety (90) days without further Board action. All additional extensions must be Board approved. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller," and Owner shall deliver the Closing Documents to County in a form acceptable to County. 5. Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system 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, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of the Improvements and yet County is willing to permit Owner to salvage the 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 ';v C Page 3 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. 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. 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 parry 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 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 Page 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. 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. 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 mortgagees 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 responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. 10. 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. Furthermore, in accordance with the exemptions provided for in Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes 10E Page 5 by County, Owner shall pay all documentary stamp taxes required on the instrument(s) of transfer. 11. 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. 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. 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. 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. 15. 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: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA L-0 , Chairman 1Uf Page 6 AS TO OWNER: DATED: Witness (Signature) Name (Print or Type) Witness (Signature) Name (Print or Type) Approved as to form and legal sufficiency: Assistant County Attorney Last Revised 10115/10 10E EXHIBIT `°C" SAMPLE SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT, entered into this— day of . 20_ by and between COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"), and (NAME OF UTILITY PROVIDER] (hereinafter referred to as "Utility"). WITNESETH: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the County; and WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the public right -of -way to prevent conflict between the County's use and the Utility's use, and for the benefit of each, and WHEREAS the County, in recognition of the Utility's interest in the certain lands, is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right -of -way shown on Exhibit "A ", attached hereto and made a part hereof, NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and the County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing, improving, maintaining and operating a road over, through, upon, and/or across such lands, based on the following: NATURE OF ENCUMBRANCE DATE FROM OR AGAINST IN FAVOR OF RECORDED BOOK, PAGE The County and the Utility further agree that: "Public right -of- way ", as used herein, shall mean that area which is described in Exhibit "A" and which includes the Utility's easements identified above and additional lands for public right -of -way, as described in Exhibit "A ", attached hereto and made a part hereof. 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the public right -of -way described in Exhibit "A ", in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right -of -way will be subject to prior approval by the County. Utility Sutx)rdination Agreement ORIGINAl,H©CUMENS CHECKLIST & ROUTING SLIP10E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exeention of the Chairman's signature_ draw a line thrnnah rnit inv lines iE I thmuoh #A �Wt tho nh —L-U,4 u A F . A — r -.. & I— .at n___ .11 Route to Addressee(s) (Lot in routing order Office Initials Date 1. March 22, 2011 Agenda Item Number l0E (Resolution 2011 - Approved by the BCC Original document has been signed/initialed for legal sufficiency. (All documents to be 63 2. Easement Agreement Number of Original One 3. by the Office of the County Attorney. This includes signature pages from ordinances, 1 4. resolutions, etc. signed by the County. Attorney's Office and signature pages from C� VT contracts, agreements, etc. that have been fully executed by all parties except the BCC 5. Ian Mitchell, BCC Supervisor Board of County Commissioners / 1 u1 Z b l l 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. 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, including Ian Mitchell, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Deborah Farris Phone Number X5861 Agenda Date Item was March 22, 2011 Agenda Item Number l0E (Resolution 2011 - Approved by the BCC Original document has been signed/initialed for legal sufficiency. (All documents to be 63 Type of Document Easement Agreement Number of Original One Attached I by the Office of the County Attorney. This includes signature pages from ordinances, Documents Attached INSTRUCTIONS & C1 F..C.lKi .IST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.31.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. 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. This includes signature pages from ordinances, resolutions, etc. signed by the County. Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. 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 1L a 3. 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. 4. "Sign here' tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip / should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. n/ a Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 3 =22-11 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.31.09 10E MEMORANDUM Date: November 29, 2011 To: Deborah Farris, Property Acquisition TECM Department From Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Easement Agreement — Project #51101 LASIP Parcel #1155DE and 155TCE Attached for your records, is a copy of the document of the amended agreement referenced above (Agenda Item #1 Olt) approved by the Board of County Commissioners on January 25, 2011. The Original has been kept by the Minutes & Records Department as a part of the Board's Official Records. If you should have any questions, please call me at 252 -8411. Thank you. PROJECT: US-41 Ditch (LASIP # 5110 1) PARCEL No: 155DE & 155TCE FOLIO No(s): Portion of 62250400003 EASEMENT AGREEMENT 10E THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this 21st day of November , 20 11 , by and between DAVID RANDALL, whose mailing address is 11363 Tamiami Trail East, Naples, Florida 34113 -7703, (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 Drainage 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 "Drainage Easement "); and WHEREAS, County requires a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "6 ", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Temporary Construction Easement "); and WHEREAS, Owner desires to convey the Drainage Easement and the Temporary Construction Easement (hereinafter referred to as the "Easements ") 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 Easements. 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: 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. Owner shall convey the Easements to County for the sum of: $6,125.00 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 or funds wire transfer, shall be full compensation for the Easements conveyed, including 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, and the cost to cut and cap irrigation lines extending into the Easements, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easements to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the Easements, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easements upon their recording in the public records of Collier County, Florida. At or prior to Closing, Page 2 Owner shall provide County with a copy of any existing prior title insurance policies. Owner shall cause to be delivered to County the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents ") on or before the date of Closing: (a) Drainage Easement; (b) Temporary Construction 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. 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 such properly executed instruments required to remove or release any and all liens, encumbrances or qualifications affecting County's enjoyment of the Easements, 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," and Owner shall deliver the Closing Documents to County in a form acceptable to County. 5. Owner agrees to relocate any existing irrigation system located on the Easements including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system 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 Easements, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of the Improvements and yet County is willing to permit Owner to salvage the 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 Easements 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. 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. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easements, 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 10E Page 3 perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easements 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 Easements 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 Easements or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easements, 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 is no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easements. (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 Easements or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easements 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 Easements 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 Easements and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easements or its intended use by County. (h) The property underlying the Easements, 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 Easements 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 Easements 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 Easements; b) any existing or threatened environmental lien against the property underlying the Easements; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easements. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. 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. I 0 Page 9. 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 mortgagees 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 Easements; 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 responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. 10. The term of the Temporary Construction Easement shall commence upon the issuance of Grantee's official Notice to Proceed to its contractor for the construction of the US-41 Ditch portion of the Lely Area Stormwater Improvement Project (LASIP) Project No. 51101, and shall automatically terminate three years therefrom. 11. 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. 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 trustees, and /or assignees, whenever the context so requires or admits. 13. If the Owner holds the property underlying the Easements 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 Easements before the Easements held in such capacity are 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.) 14. Conveyance of the Easements, or any interest in the property underlying the Easements, 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. 15. 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. This Agreement is governed and construed in accordance with the laws of the State of Florida. 10E Page 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: November 21, 2011 cal► � �A����1 ' AS TO OWNER: DATED: / r_ T.a m- Witness (Signature) 0.�..,- Name (Print or Type) Witness (Si ature) IW I Fns caa Name (Print or Type) Approved as to form and legal sufficiency: E.wrLrNT As K tant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER QO NTY, FLORIDA BY: ;�� W. ��� FRED W. COYLE, Chairman DAVID RANDALL ANA F. FERNas *�. Notary Public, State of Florida Comrrussiort�'..'i46G My comm. expires June 24, 2013 Item # l D67— Agenda Date Date Rc e�1 N \ E S LOT 12 AND 0 20 40 PART OF LOTS GRAPHIC SCALE 10 AND 11 \ 1•= ao' PARCEL NO. 62250380000 BLOCK 1 \ NAPLES MANOR LAKES P.B. 3 PG. 86 LOT 13 PARCEL NO. \ 62250400003 WESTERLY Ilk SOUTHERLY OT LANE N. 1/2 LOT 14 LOT LINE / PARCEL N0. oo, '9j� 00 62250440005 155DE I` � �° o ti o ono y� \ LEGEND �� ?sue \ R/W = RIGHT —OF —WAY G \ O.R. = OFFICIAL RECORDS BOOK •S PG. = PAGE \ P.B. = PLAT BOOK AJ A.K.A. = ALSO KNOWN AS \ \ \ NO. = NUMBER S. R. = STATE ROAD \ \ ® = DRAINAGE EASEMENT (DE) EXHIBIT LEGAL DESCRIPTION PARCEL 155DE A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE WESTERLY 14.00 FEET OF THE SOUTHERLY 46.00 FEET OF LOT 13, BLOCK ONE, AS SHOWN ON THE PLAT OF NAPLES MANOR LAKES, RECORDED IN PLAT BOOK 3, PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING. 644.0 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM — ROW FEB - 4 2011 / ZD 2" MICHAEL A. WARD PROFESSIONAL SURVEY R AND MAPPER LS 5301 DA E SI NED NOT VALID WITHOUT THE ORIGINAL SIGNATURE k RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. January 26, 2011 1:07 PM W: \2009 \090220.02,00 NaPltt Manor Ditch And US -41 Ditch Design (LASIP) \0002 Sketch And Lsget Description Preporation \Sketch And Dsscrlptions \IS2 7o 179 \1560E.dwp PROJECT: LASIP — NAPLES MANOR DITCH DIX�A INC- SKETCH AND LEGAL DESCRIPTION /` Planning CONSULTING} PARCEL 155DE (DRAINAGE EASEMENT) 'r �AL I is prang PREPARED FOR: COLLIER COUNTY 8810 Willow Perk 3, sails zoo Naples, Florida da 34109 Phone: (239) 597-0575 FAX: (239)597.0578 LB No.: 8952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 990220.02.00 0 29 50S 26E 1" = 40' 1/24/11 R.A.K. 1550E 1 OF 1 N W E 10E S LOT 12 AND 0 20 40 \ PART OF LOTS 10 AND 11 1 "= "— ao GRAPHIC SCALE \ PARCEL NO. 62250380000 \ NORTHERLY BLOCK 1 LOT LINE NAPLES MANOR LAKES P.B. 3 PG. 86 LOT 13 PARCEL NO. s \ 62250400003 >z 155TCE °o \ N. 1/2 LOT 14 WESTERLY PARCEL NO. LOT LINE �( \ 62250440005 ' \ 6 zZ \/ FC1. O QQ \ 2 \ °.O, -9 EXHIBIT LEGEND o ' \ R/W = RIGHT —OF —WAY \ O.R. = OFFICIAL RECORDS BOOK PG. = PAGE ,S \ P.B. = PLAT BOOK A.K.A. = ALSO KNOWN AS \ \ NO. = NUMBER \ QJ S.R. = STATE ROAD ® = TEMPORARY CONSTRUCTION EASEMENT (TCE) \ \ LEGAL DESCRIPTION PARCEL 155TCE A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE WESTERLY 7.00 FEET OF THE NORTHERLY 54.00 FEET OF LOT 13, BLOCK ONE, AS SHOWN ON THE PLAT OF NAPLES MANOR LAKES, RECORDED IN PLAT BOOK 3, PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 378.0 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM — ROW / , FEB - 4 2011 MICHAEL A. WARD PROFESSIONAL SURVEYOR AND MAPPER LS# 5301 DA S�N�D // NOT VALID WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. January 26, 2011 12:0J PM M. \2008 \080220.02.00 Naplsa Manor Ditch And US -41 Ditch D"'lin (LASIP) \0002 Skftch And Lopal D+acription Pnporotlon \Sk*tch And Dncrlplionr \152 To 179 \133TCE.dwp PROJECT: LASIP — NAPLES MANOR DITCH Dix�A SKETCH AND LEGAL DESCRIPTION /` Viaoali7mion PARCEL 155TCE (TEMPORARY CONSTRUCTION EASEMENT) CONS �� 1 PREPARED FOR: COLLIER COUNTY 8810wPark 3 Suits 200 Naples, Florida de 34109 Phone: (239)597.0575 FAX: (239)597.0578 JOB NUMBER REVISION I SECTIONtTOWNSHIP I RANGE SCALE DATE DRAWN BY L9 FILESNAME SHEET aaa 990220.02.00 0 29 50S 26E 1" = 40' 1 24 11 R.A.K. / 155TCE 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO OE THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Iotit I!—,! IF: 'o 'n�, ?Ir:11 .lo, iw., 'W �...� f?t,' 1 I .fI dcd I H .0 I it ail. t»l l', alitI ;I i-j" I�ik j, I M x,11 (11L, 0011. ) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's si ature, draw aline throu h routing lines #1 throu #4, complete the checklist, and forward to Ian Mitchell (line #5). Route to Addressee(s) List in routing order) Office Initials Date 1. appropriate. (Initial) Applicable) Agenda Date Item was March 22, 2011 Agenda Item Number l0E (Reso. 2011 -63) 2. signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, 3. Agreement Number of Original One Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached 4. Jeff Wright, Asst. County Atty. County Attorney 5. Ian Mitchell, BCC Supervisor Board of County Commissioners 7-4 Il 6. Minutes and Records* Clerk of Court's Office *Please scan under US -41 Ditch (LASIP) Project No. 51101 in the BMR Real Property Folder. Thank you PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Robert Bosch, ROW Coordinator, Tpt. Eng. Phone Number 252 -5843 Contact appropriate. (Initial) Applicable) Agenda Date Item was March 22, 2011 Agenda Item Number l0E (Reso. 2011 -63) Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document Agreement Number of Original One Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.31.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. 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. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten stoke- through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. 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. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 3/22/2011 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.31.09 10 E MEMORANDUM Date: December 8, 2011 To: Robert Bosch, ROW Coordinator TECM Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Easement Agreement — US -41 Ditch Project #51101 LASIP Parcels 153DE1, 153DE2, 153TCE, 164DE & 164TCE Attached for your records, one copy of the document referenced above is attached, (Agenda Item #10E) adopted by the Board of County Commissioners on May 22, 2011. The original document is being held in the Minutes & Records Department as part of the Board's Official Records. If you should have any questions, please call me at 252 -8411. Thank you. 10 E PROJECT: US-41 Ditch (LASIP # 51101) PARCEL Nos.: 153DE1, 153DE2, 153TCE, 164DE & 164TCE FOLIO No: 62250520006 & 62090200007 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this ­T44", day of 15tce -- b w , 2011, by and between RAMIRO E. LLERENA AND MARTHA R. LLERENA, husband and wife, whose mailing address is 115 Price Street, Naples, FL 34113 -8436 (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 three perpetual, non - exclusive Drainage Easements over, under, upon and across the lands described in Exhibits "A ", "B" and "C ", which are attached hereto and made a part of this Agreement (hereinafter referred to as the "Drainage Easements "); and WHEREAS, County requires two Temporary Construction Easements over, under, upon and across the lands described in Exhibits "D" and "E ", which are attached hereto and made a part of this Agreement (hereinafter referred to as the "Temporary Construction Easements ") for the purpose of constructing drainage facilities within the public right -of -way and within the Drainage Easements immediately adjacent thereto, subject to the restrictions contained herein; and WHEREAS, Owner desires to convey the Drainage Easements and the Temporary Construction Easements (hereinafter referred to as the "Easements" 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 Easements. 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: 1. 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. Owner shall convey the Easements to County for the sum of: $17,250.00 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 or funds wire transfer, shall be full compensation for the Easements conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, excluding the signage which County shall restore to like or better condition, 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, and the cost to cut and cap irrigation lines extending into the Easements, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easements to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the Easements, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easements upon their recording in the public records of Collier County, Florida. At or prior to Closing, 1Q Page 2 Owner shall provide County with a copy of any existing prior title insurance policies. Owner shall cause to be delivered to County the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents ") on or before the date of Closing: (a) Drainage Easement; (b) Temporary Construction 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. 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 such properly executed instruments required to remove or release any and all liens, encumbrances or qualifications affecting County's enjoyment of the Easements, 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," and Owner shall deliver the Closing Documents to County in a form acceptable to County. 5. Owner agrees to relocate any existing irrigation system located on the Easements including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system 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 Easements, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of the Improvements and yet County is willing to permit Owner to salvage the 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 Easements 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. 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. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easements, 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. 10E Page 3 (b) County's acceptance of the Easements 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 Easements 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 Easements or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easements, 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 Easements. (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 Easements or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easements 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 Easements 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 Easements and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easements or its intended use by County. (h) The property underlying the Easements, 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 Easements 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 Easements 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 Easements; b) any existing or threatened environmental lien against the property underlying the Easements; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easements. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. 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. 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 mortgagees in connection with the execution Pa 140E and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easements; 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 responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. 10. The term of the Temporary Construction Easements shall commence upon the issuance of Grantee's official Notice to Proceed to its contractor for the construction of the US -41 Ditch portion of the Lely Area Stormwater Improvement Project (LASIP) Project No. 51101, and shall automatically terminate two years therefrom. 11. 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. 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 trustees, and /or assignees, whenever the context so requires or admits. 13. If the Owner holds the property underlying the Easements 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 Easements before the Easements 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.) 14. Conveyance of the Easements, or any interest in the property underlying the Easements, 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. 15. 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. 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: a ATTEP�l r, `` BOARD OF COUNTY COMMISSIONERS D, T= T E.)BFt , K, Cler_ COLLIER COUNTY, FLORIDA ~7 ` BY: W Y`._fPrle�tk FRED W. COYLE, Chairrr AS TO OWNER: DATED: Witne ignature) ko Q 4a-L A-c - scoS'C�f Name (Print or Type) 4eLss (Signature) MICHELLE; L. SWEET Name (Print or Type) Witn ignature) R -nf3Ctr mac. (3 oretf Name (Print or Type) . f Wit ss (Signature) MICHELLEt L. 13WM Name (Print or Type) Approved as to form and legal sufficiency: 1 TW f.• VVAIC�}4T Assistant County Attorney F-� X RA MI P E. LLERENA OF II � 10 Page 5 N w E S 0 20 40 GRAPHIC SCALE 1-- 40' \ S. 1/2 LOT 14 PARCEL NO. 62250480007 LOT 15 ��5 0 PARCEL NO. 62250520006 SOUTHERLY LINE \ \ OF LOT 15 b" ` ,\ � / WESTERLY ��NO LOT LINE 10 EXHIBIT"A" BLOCK 1 NAPLES MANOR LAKES P.B. 3 PG. 86 op LOT 16 PARCEL NO. A<".p�s 62250560008 0 '9 s p2 0O pip �� r p LEGEND R/W = RIGHT -OF -WAY S O.R. = OFFICIAL RECORDS BOOK \ PG. = PAGE \ P.B. = PLAT BOOK AJ A.K.A. = ALSO KNOWN AS NO. = NUMBER S.R. = STATE ROAD ® = DRAINAGE EASEMENT (DE) ACM ' RO FEB _ 2011 LEGAL DESCRIPTION PARCEL 153DE1 A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE WESTERLY 16.00 FEET OF THE SOUTHERLY 30.00 FEET OF LOT 15, BLOCK ONE, AS SHOWN ON THE PLAT OF NAPLES MANOR LAKES, RECORDED IN PLAT BOOK 3, PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 480.0 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. MICHAEL A. WAMY PROFESSIONAL SURVEYOR AND MAPPER LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER, THIS IS NOT A SURVEY Jo OrY 27, 2011 9:11 AM W:\ 2009 \090220.02.00 Mop10I Mawr Q'1cA Ana US -41 Ditch 0„qn (LASIP) \0002 SYNcA MO LoO 06wiplion Preporolioe \SMNce And Daeriplblu \132 ro 179 \ISJDEI.ep PROJECT: LASIP - NAPLES MANOR DITCH D1A,^ SKETCH AND LEGAL DESCRIPTION CONSULTING} G "Bedoearin �L 1 JMgpWg PARCEL 153DE1 (DRAINAGE EASEMENT) 6610 WMow Park Drive, Suite 200 PREPARED FOR: COLLIER COUNTY Naples, Florida X: (23 Phone: (239) FAX: (299)597 -0579 LB No.: 6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 990220.02.00 0 29 50S 26E 1" 40 1/24/11 R.A.K. 153DE1 1 OF ? N W E S D 20 40 EMOR GRAPHIC SCALE 1"- 40' (0�G/ WESTERLY -'00- LOT LINE O °kin. s'IN \ a `9 s ��02 00 0 \ ! °`mss '9 LEGEND �s R/W = RIGHT —OF —WAY O.R. = OFFICIAL RECORDS BOOK PG. = PAGE P.B. = PLAT BOOK A.K.A. = ALSO KNOWN AS NO. = NUMBER S.R. = STATE ROAD ® = DRAINAGE EASEMENT (DE) G •s �j \ XHIBlY "B" 1 X ES LOT 16 PARCEL NO. 62250560008 \ LEGAL DESCRIPTION PARCEL 153DE2 A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE WESTERLY 6.00 FEET OF THE NORTHERLY 19.00 FEET OF LOT 15, BLOCK ONE, AS SHOWN ON THE PLAT OF NAPLES MANOR LAKES, RECORDED IN PLAT BOOK 3, PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 114.0 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. -ECM _ ROW FEB _ 4 2011 rvUI VALIU wIIHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY - IRM41y 23. 2011 2:28 PY w:\ 2009 \09022o.O2oo kiep/w Honor 08ck And US -41 Okck Owen (LAil►) \DOD2 Skolcn And lopot Ow tiplion PnP..ion \Skolek And Daerwlom \132 To 179 \I&VU.d" PROJECT: LASIP - NAPLES MANOR DITCH SKETCH AND LEGAL DESCRIPTION NSiJ cm PARCEL 153DE2 (DRAINAGE EASEMENT) 0610 WYdw Park Drive. Sulu 200 PREPARED FOR: COLLIER COUNTY Naples. Florkia 34109 Phone: (239)597.0575 FAX: (239) 597-0578 LB No.: 6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 990220.02 00 0 29 50S 26E 1 " = 40' 1/24 1 R AX 153DE2 1 of 1 N w E LOTS 5 & 6 PARCEL NO. S 62090160008 0 20 40 \ GRAPHIC SCALE 1.- 40• \ 4,. �4, 6A Pe��eG 0 . 0 E EXHI T "C" LEGAL DESCRIPTION PARCEL 164DE A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE WESTERLY 6.00 FEET OF LOT 7 AND THE WESTERLY 6.00 FEET OF THE NORTHERLY 52.50 FEET OF LOT 8, BLOCK ONE, AS SHOWN ON THE PLAT OF NAPLES MANOR ADDITION, RECORDED IN PLAT BOOK 3, PAGE 67, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 990.0 SQUARE FEET MORE OR LESS. TECM -ROW SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. FEB _ 4 2011 MICHAEL A. WARD PROFESSIONAL SURVEYOR AND MPPER LS# 5301 DATE ISIC14ED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGIISTERED PROFESSIONAL SURVEYOR AND MAPPER THIS IS NOT A SURVEY Jonumy 26, 7011 11:49 AN W: \7009 \090220.0200 Naples Moner Ditch And VS —e1 Pitch Opcpn (tASIP) \0002 Sketch And L"al DeKripNOn Prepmotion \Sketch And DescriPtim a \102 to 179 \1640Edn AWG PROJECT: LASIP - NAPLES MANOR DITCH L,n SKETCH AND LEGAL DESCRIPTION vl % A>�C PARCEL 164DE (DRAINAGE EASEMENT) 6810 Wigow Park Drive, Sude 200 Naples, Florida 34109 PREPARED FOR: COLLIER COUNTY Phone: (239) 597-0575 FAX: (239) 597-0578 LB No.: 6952 JOB NUMHEk REVISION SLCIION TOWNSHIP RANGE SCALE DA DRAWN 8Y FILE NAME SHEET 99022002.00 0 29 1 505 1 2 6E t" = 4 0' 1/24/11 R,A.K 164DE 1 1 OF t BOCK ONE NORTHERLY / ADDITION LINE OF LOT 7 NAPLES MANOR / P.B. 3 PG. 67 / LOTS 7 & 8 PARCEL NO. 62090200007 1300 15, / NORTHERLY 164DE LINE OF LOT 8 p 9 WESTERLY LOT LINE r' \ s0 \ •9 'p \ SOUTHERLY LINE OF LOT 8 s F002 \ \ %-QO o Ot -9 'p LEGEND `�S •9 R/W = RIGHT -OF -WAY O.R. = OFFICIAL RECORDS BOOK o \ PG. = PAGE •�1 \ P.B. = PLAT BOOK A.K.A. = ALSO KNOWN AS NO. = NUMBER �, \ S.R. = STATE ROAD ® = DRAINAGE EASEMENT (DE) LEGAL DESCRIPTION PARCEL 164DE A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE WESTERLY 6.00 FEET OF LOT 7 AND THE WESTERLY 6.00 FEET OF THE NORTHERLY 52.50 FEET OF LOT 8, BLOCK ONE, AS SHOWN ON THE PLAT OF NAPLES MANOR ADDITION, RECORDED IN PLAT BOOK 3, PAGE 67, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 990.0 SQUARE FEET MORE OR LESS. TECM -ROW SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. FEB _ 4 2011 MICHAEL A. WARD PROFESSIONAL SURVEYOR AND MPPER LS# 5301 DATE ISIC14ED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGIISTERED PROFESSIONAL SURVEYOR AND MAPPER THIS IS NOT A SURVEY Jonumy 26, 7011 11:49 AN W: \7009 \090220.0200 Naples Moner Ditch And VS —e1 Pitch Opcpn (tASIP) \0002 Sketch And L"al DeKripNOn Prepmotion \Sketch And DescriPtim a \102 to 179 \1640Edn AWG PROJECT: LASIP - NAPLES MANOR DITCH L,n SKETCH AND LEGAL DESCRIPTION vl % A>�C PARCEL 164DE (DRAINAGE EASEMENT) 6810 Wigow Park Drive, Sude 200 Naples, Florida 34109 PREPARED FOR: COLLIER COUNTY Phone: (239) 597-0575 FAX: (239) 597-0578 LB No.: 6952 JOB NUMHEk REVISION SLCIION TOWNSHIP RANGE SCALE DA DRAWN 8Y FILE NAME SHEET 99022002.00 0 29 1 505 1 2 6E t" = 4 0' 1/24/11 R,A.K 164DE 1 1 OF t N W E S 0 20 40 GRAPHIC SCALE V' 40' �i pO \ \ s, \ 00 153TCE \ 0 o WESTERLY LOT LINE \ •o s ou LEGEND 1s R/W = RIGHT -OF -WAY -s O.R. = OFFICIAL RECORDS BOOK PG. = PAGE P.B. = PLAT BOOK J A.K.A. = ALSO KNOWN AS NO. = NUMBER S.R. = STATE ROAD ® = TEMPORARY CONSTRUCTION EASEMENT (TICE) LEGAL DESCRIPTION PARCEL 153TCE LOT 15 PARCEL NO. 62250520006 10E EXHIBIT "D" BLOCK 1 NAPLES MANOR LAKES P.B. 3 PG. 86 r ,a I> QV. LOT 16 \ �Q 4Q' PARCEL NO. Q4' 62250560008 \ TEMPORARY CONSTRUCTION EASEMENT DURATION: TWO YEARS A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE WESTERLY 6.00 FEET OF LOT 15, BLOCK ONE, LESS THE SOUTHERLY 30.00 FEET AND LESS THE NORTHERLY 19.00 FEET, AS SHOWN ON THE PLAT OF NAPLES MANOR LAKES, RECORDED IN PLAT BOOK 3, PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 306.0 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW FEB - 4 2011 NOT VALID WITHOUT THE ORIGINAL SIGNATURE do RAISED EMOOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER THIS IS NOT A SURVEY Jemmy 25. 2011 11:10 AN N^ \2009 \090220.02.00 NapMk Manor Dtfch A..4 US -0 pitch 0wipn (LASP) \000? Sketch And Lopat Dw ription Preporotion \Sketch And Dxcrip6 m \152 To 179 \755TCGdp PROJECT: LASIP - NAPLES MANOR DITCH DUfANc SKETCH AND LEGAL DESCRIPTION tsV �L a� PARCEL 153TCE (TEMPORARY CONSTRUCTION EASEMENT) 6610 Wilow Park Drive. Suite 200 Naples. Florida 34109 PREPARED FOR: COLLIER COUNTY Phone: (239) 597-0575 FAX: (239) 597-0578 LB No.: 6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 990220 02 00 0 29 50S 26E 1 " = 40' 1 /24 t 1 R.A K 153TCE 1 OF 1 20 N r' EXHIBIT "E" W E / i i S (01 DGRAPHIC SCALEo �4��' Q`� �e POARCEL NO ,D \ 62090200007 / �LINET OF R LOT 8 BLOCK ONE ZADDITION \ NAPLES MANOR P. B. 3 PG \ '9 WESTERLY LOT LINE �° ° \ p 164TCE \` AFB s� oy oT ,r s Fc, p� 'O 0 9, LEGEND 'p R/W = RIGHT -OF -WAY �� O.R. = OFFICIAL RECORDS BOOK `? PG. = PAGE `f G P.B. = PLAT BOOK s A.K.A. = ALSO KNOWN AS NO. = NUMBER \ XJ S.R. = STATE ROAD ® = TEMPORARY CONSTRUCTION EASEMENT (TCE) LEGAL DESCRIPTION PARCEL 164TCE SOUTHERLY LINE OF LOT 8 TEMPORARY CONSTRUCTION EASEMENT DURATION: TWO YEARS A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE WESTERLY 5.00 FEET OF THE SOUTHERLY 60.00 FEET OF LOT 8, BLOCK ONE, AS SHOWN ON THE PLAT OF NAPLES MANOR ADDITION, RECORDED IN PLAT BOOK 3, PAGE 67, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 300.0 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. rum, TEN — ROW FEB - 4 2011 I cMICHAEL A. WARD PROFESSIONAL SURVEYOR AND hAPPER LS# 5301 DATE/ SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIi)A REGISTERED PROFESSIONAL SURVEYOR AND MAPPER, THIS IS NOT A SURVEY January 29, 2011 11'48 AN W. \2009 \090220.02.00 MOO" Monor Ditch And US -17 04ch Design (LASIP) \9002 SY@tch And Lopol Description And Dxcnptfona \142 To 17D \IlH/CE.drq PROJECT: LASIP - NAPLES MANOR DITCH -DI SKETCH AND LEGAL DESCRIPTION `5jr . IN i PARCEL 184TCE (TEMPORARY CONSTRUCTION EASEMENT) 6610 Willow Park Dr m, Stull 200 PREPARED FOR: COLLIER COUNTY Naples, Florida X Phone: (239) 597-0575 FAX: (23 2S9)b97 -0578 LB No.: 6952 JOB NUMBER REVISION SECTIOIJ TOWNSHIP RANGE SCALE DATE DRAWN BYJ FILE NAME SHEET r990220 .02 00 0 29 50S 26E 1 " = 40' 1121 RA 164TCE 1 OF I ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI1 O E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signatue, draw a line through routing lines #1 through #4, exmmlete the checklist. and forward to Ian Mitchell (line #5). Route to Addressee(s) 49 in routing order Office Initials Date 1. appropriate. (Initial) Applicable) Agenda Date Item was March 22, 2011 Agenda Item Number l0E (Resolution 2011 - 2. signed by the Chairman, with the exception of most letters, must be reviewed and signed 63 3. 4--eff o Number of Original t ii Iv 4. I I Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC 5. Ian Mitchell, BCC Supervisor Board of County Commissioners l l 11. 6. Minutes and Records Clerk of Court's Office AT �v PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending 13CC approval. Nommlly 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, including Ian Mitchell, need to contact staff for additional or missing information. All original documents needing the 13CC Chairmen's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Deborah Farris Phone Number X5861 Contact appropriate. (Initial) Applicable) Agenda Date Item was March 22, 2011 Agenda Item Number l0E (Resolution 2011 - Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed 63 Type of Document Easement Agreement Number of Original One Attached I I Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Doaweotc Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.31.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. 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. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. 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 lU a 3. 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. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required 5. In most cases (some contracts are an exception), the original document and this routing slip M �a n should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified Be aware of your deadlines! 6. The document was approved by the BCC on 3 -22 -11 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Doaweotc Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.31.09 10E MEMORANDUM Date: January 19, 2012 To: Deborah Farris, Property Acquisition TECM Department From Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Easement Agreement with Boland Family Properties, LLC LASIP Project #51101 (US -41 Ditch) Attached for your records is a copy of the document referenced above, (Item #10E) approved by the Board of County Commissioners on March 22, 2011. The original agreement will be held in the Minutes and Records Department in the Board's Official Records. If you have any questions, please call me at 252 -8406. Thank you. Attachment 10E PROJECT: US-41 Ditch (LASIP # 51101) PARCEUFOLIO Nos: 154DE1 /Portion of #62250480007 154DE2 /Portion of #62250440005 154TCE/Portion of #62250440005 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this 6th day of Jannary , 2012, by and between BOLAND FAMILY PROPERTIES, LLC, a Florida limited liability company, whose mailing address is c/o Maria M. Boland, 570 Century Drive, Marco Island, FL 34145 -2406 (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 perpetual non - exclusive Drainage Easements 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 "Drainage Easement "); and WHEREAS, County requires a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "B ", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Temporary Construction Easement "); and WHEREAS, Owner desires to convey the Drainage Easements and the Temporary Construction Easement (hereinafter collectively referred to as the "Easements ") 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 Easements. 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: 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. Owner shall convey the Easements to County for the sum of: $4,000.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 10 of this Agreement (said transaction hereinafter referred to as the "Closing "). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easements conveyed, including 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, and the cost to cut and cap irrigation lines extending into the Easements, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easements to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the Easements, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easements upon 10 Eage2 their recording in the public records of Collier County, Florida. At or prior to Closing, Owner shall provide County with a copy of any existing prior title insurance policies. Owner shall cause to be delivered to County the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents ") on or before the date of Closing: (a) Drainage Easement; (b) Temporary Construction 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. 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 such properly executed instruments required to remove or release any and all liens, encumbrances or qualifications affecting County's enjoyment of the Easements, 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," and Owner shall deliver the Closing Documents to County in a form acceptable to County. 5. Owner agrees to relocate any existing irrigation system located on the Easements including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system 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. Exception as detailed in Paragraph 6 below, if Owner elects to retain improvements and /or landscaping ( "Improvements ") located on the Easements, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of the Improvements and yet County is willing to permit Owner to salvage the 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 Easements 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. In the event that any of the improvements depicted in attached Exhibit "C" by the red arrows are disturbed during construction, County and /or its contractor will to the extent reasonably possible restore said improvements to like or better pre - construction condition. 7. 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. 8. Owner agrees, represents and warrants the following: N HEPage 3 (a) Owner has full right, power and authority to own and operate the property underlying the Easements, 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 Easements 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 Easements 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 Easements or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easements, 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 is no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easements. (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 Easements or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easements 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 Easements 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 Easements and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easements or its intended use by County. (h) The property underlying the Easements, 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 Easements 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 Easements 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 Easements; b) any existing or threatened environmental lien against the property underlying the Easements; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easements. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. 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 HE Page 4 against the County by reason or arising out of the breach of any of Owner's representations under paragraph 8 (h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 10. 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 mortgagees 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 Easements; 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 responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. 11. The term of the Temporary Construction Easement shall commence upon the issuance of Grantee's official Notice to Proceed to its contractor for the construction of the US-41 Ditch portion of the Lely Area Stormwater Improvement Project (LASIP) Project No. 51101, and shall automatically terminate three years therefrom. 12. 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. 13. 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. 14. If the Owner holds the property underlying the Easements 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 Easements before the Easements held in such capacity are 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.) 15. Conveyance of the Easements, or any interest in the property underlying the Easements, 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. 16. 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. 17. This Agreement is governed and construed in accordance with the laws of the State of Florida. 10E Page 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: January 6, 2012 ATTEST: DWIGHT:`OCK,. Cserlr w u tttst. AS TO OWNER: DATED:' 6 — / 2:::: fitness (Signature) rqe (Print or Type) n rn ss (Signature) ,.. d(r'6' G CCU me (Print or Type) Approved as to form and legal sufficiency: �.vt2tGR7 As ' tant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: W - ("-L FRED W. COYLE, Chairm BOLAND FAMILY PROPERTIES, LLC A F ri a Limited Lia ' i ompany B ARIA M. BOLAND, anaging Member 10E N W E S 0 20 40 GRAPHIC SCALE \ \ N. 1/2 LOT 14 1•- 40' PARCEL NO. 62250440005 S. 1/2 LOT 14 PARCEL NO. \ 62250480007 BLOCK 1 NAPLES MANOR LAKES \ SOUTHERLY P.B. 3 PG. 86 LOT LINE O � O � LOT 15 154DE1 PARCEL NO. WESTERLY \ 62250520006 r' "X LOT LINE \ AN A 'C" 'o \ `mss '9 LEGEND �s S R/W = RIGHT —OF —WAY \ O.R. = OFFICIAL RECORDS BOOK PG. = PAGE J P.B. = PLAT BOOK A.K.A. = ALSO KNOWN AS \ NO. = NUMBER �/ S.R. = STATE ROAD Ex4' ® = DRAINAGE EASEMENT (DE) Page.,�.. LEGAL DESCRIPTION PARCEL 154DE1 A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE WESTERLY 6.00 FEET OF THE SOUTHERLY 39.00 FEET OF THE SOUTH ONE —HALF OF LOT 14, BLOCK ONE, AS SHOWN ON THE PLAT OF NAPLES MANOR LAKES, RECORDED IN PLAT B00 3, PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 234.0 SQUARE FEET MORE OR LESS. SUBJECT T EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW MAR 0 7 2011 MICHAEL ARD PROFESSIONAL SURVEYOR AMD M PPER LS# 5301 DA E SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE dL RAISED EMBOSSED SEAL OF A FLORIDA REGISTEREC PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. f-bruery 21. 2011 9:21 AY W: \2009 \090220.02.00 Noplee Honor Ditch And LIS -41 Ditch Design (LASIP) \0002 Sketch And Le9a1 Dee riplion Pnpar9G*n \Sketch And 0eecripWne \132 To 179 \I54DE1 REVI.dwp PROJECT: LASIP — NAPLES MANOR DITCH DIX . INC 'p e1d„g SKETCH AND LEGAL DESCRIPTION CO Ci9UPp-m CONSULTING CSvier. p emOg PARCEL 154DE1 (DRAINAGE EASEMENT) i ` �j � 0y &mamw 661 o Willow Perk Drive, suns zoo PREPARED FOR: COLLIER COUNTY Naples, Florida 34109 Phone: (239) 697 -0575 FAX: (239) 597 -0578 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE, DRAWN BY LB FILES NAME SHEET 990220.02.00 1 29 50S 26E 1 " = 40' 1 /24/ 1 R.A.K. 154DE1 REV1 1 OF 1 I N W S 0 20 GRAPHIC SCAT 1"= 40' 0C \ p'p / , 7r `'s G 's LEGEND R/W = RIGHT —OF —WAY AJ O.R. = OFFICIAL RECORDS BOOK PG. = PAGE P.B. = PLAT BOOK A.K.A. = ALSO KNOWN AS NO. = NUMBER S.R. = STATE ROAD ® = DRAINAGE EASEMENT (DE) EXHIBITd=mw Page= 0 . L.. LEGAL DESCRIPTION PARCEL 154DE2 A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE WESTERLY 14.00 FEET OF THE NORTHERLY 21.00 FEET OF THE NORTHERLY ONE —HALF OF LOT 14, BLOCK ONE, AS SHOWN ON THE PLAT OF NAPLES MANOR LAKES, RECORDED IN PLAT BOOK 3, PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 294.0 SQUARE FEET MORE OR LESS. 'T'ECM — ROW SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. FEB — 2011 MICHAEL A. WARD PROFESSIONAL SURVEYOR AND MAPPER I.S# 51501 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF AFLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. January 27, 2011 9:19 AN W: \2009 \090220.02.00 Naples Martyr Ditch And LS -41 Ditch Design (LASIP) \C002 Sketch And Legal Description Preporolion \Sketch And Deecriptlons \152 To 179 \154DE2.dwg PROJECT: LASIP — NAPLES MANOR DITCH 1�Z�CA viewlizeGg .. SKETCH AND LEGAL DESCRIPTION CONSULTING Civil PngiDOaiog Z \ T T.L JL Surveying & Mapping PARCEL 154DE2 (DRAINAGE EASEMENT) 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 PREPARED FOR: COLLIER COUNTY Phone: (239) 597 -0575 FAX: (239) 597 -0578 LB No.: 6952 JOB NUMBER REVISION I SECT ION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 990220.02.00 0 2') 50S 26E 1 " = 40' 1 1/24/1 1 R.A.K. 154DE2 1 1 OF 1 is N W E S 0 20 40 GRAPHIC SCALE 1"= 40' T9 9� `34 \ A�F °T0, `90 '0 LEGEND �s R/W = RIGHT —OF —WAY O.R. = OFFICIAL RECORDS BOOK PG. = PAGE \ P.B. = PLAT BOOK A.K.A. = ALSO KNOWN AS NO. = NUMBER S.R. = STATE ROAD ® = TEMPORARY CONSTRUCTION EASEMENT (TCE) �i �s AJ � EXHIBIT 8 LEGAL DESCRIPTION PARCEL 154TCE i A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE WESTERLY 6.00 FEET OF LOT 14, BLOCK ONE, LESS THE SOUTHERLY 39.00 FEET OF THE SOUTHERLY ONE —HALF OF LOT 14 AND LESS THE NORTHERLY 21.00 FEET OF THE NORTHERLY ONE —HALF OF LOT 14, AS SHOWN ON THE PLAT OF NAPLES MANOR LAKES, RECORDED IN PLAT BOOK 3, PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 240.0 SQUARE FEET MORE OR LESS. TECM se ROW SUBJECT TO EASEMENTS AND RESTRICTION OF RECORD. FEB _ 4 2011 IV / /0 Ze" I I MICHAEL A. WARD PROFESSIONAL SURVEYOR AND MAPPER LS# 5301 D TE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Janaory 27, 2011 0:22 AM M \2009 \090120.01.00 Noples Monor Oitch And US -41 Ditch Design ('tASIP) \0002 Sketch And Lepa1 Description Preporation \Sketch And Descriptions \132 To 179 \1347CE.dwg INC PROJECT: LASIP — NAPLES MANOR DITCH "DIA A PVi. aag 'on SKETCH AND LEGAL DESCRIPTION CONSULTING avilft&xi;Dg i \ T TL 1 Survoyulg & bugmg PARCEL 154TCE (TEMPORARY CONSTRUCTION EASEMENT) 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 PREPARED FOR: COLLIER COUNTY Phone: (239) 697 -0575 FAX: (239) 597 -0570 LB No,: 6952 JOB NUMBER REVISION I SECTION I TOWNSHIP I RANGE SCALE DATE DRAWN BY FILE NAME SHEET 990220.02.00 0 29 50S 26 E 1 " = 4 0' 1 /24/1 1 R.A.K. 154TCE 1 OF 1 IOE EXH"Tlm�� / CIVOLM