Backup Documents 03/22/2011 Item #16D1ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 p 1
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 alter the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
_ —.. _ -:_e a,_.._h .,,.,r...g llnc, ar rt,re,�..n ea cmm hetr the. checklist and forward to Ian Mitchell (line 45).
exception m me Uiltuuimi a n, „a.,,,,,, u,or. .. �,.�. . ..........
Route to Addressee(s)
(List in routing order
......... .. ._.. .......__ ...., ___. __ _
Offiee
Initials
Date
l .
appropriate.
(Initial)
Applicable)
2.
MARCH 22, 2011
Agenda Item Number
16DI
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
n
4.
EASEMENTS
Number of Original
3
5, Ian Mitchell, BCC Office
Supervisor
Board of County Commissioners
Documents Attached
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 [an 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
uau./
Name of Primary Staff
SUE JIM ZIMMERMAN
Phone Number
252 -2622
Contact
appropriate.
(Initial)
Applicable)
Agenda Date Item was
MARCH 22, 2011
Agenda Item Number
16DI
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
n
Type of Document
EASEMENTS
Number of Original
3
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INCTRIWTIONS & 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 9.18.09
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
n
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 Attomey's
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 ne otiated 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
I
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
(� Q
t �
Some documents are time sensitive and require forwarding to Tallahassee within a certain
1 1 �
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on-,: (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 9.18.09
16D1
MEMORANDUM
Date: March 23, 2011
To: Sue Zimmerman
Real Estate Services
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Corrective Easement and Grant of Utility Easement
Folio #01057080001
Attached please find two originals of the Corrective Easement and
One Copy of the Grant of Utility Easement, as referenced above
(Agenda Item #16DI), approved by the Board of County
Commissioners on Tuesday, March 22, 2011.
Please return a Recorded Original back to the Minutes &
Records Department to be kept in the Board's Official Records.
If you should have any questions, please contact me at 252 -8411.
Thank you.
Attachments
1601
Prepared By:
Engineering Department
Lee County Electric Cooperative, Inc.
Post Office Box 3455
N. Ft. Myers, FL 33918 -3455
Folio # 01057080001, 01057120000, 46270760008, 46270800007
Township 52 South, Range 27 East, Section 18
THIS CORRECTIVE EASEMENT REPLACES THE EASEMENT RECORDED IN OR BOOK 4478, PAGE
2500 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA IN ITS ENTIRETY.
CORRECTIVE EASEMENT
WHEREAS, Collier County, a political subdivision of the State of Florida, as Grantor, has
acquired the property with partial funding from the Florida Communities Trust (FCT), and the
Property as identified on Exhibit "A" attached, is subject to certain limitations provided in the
FCT Grant Award Agreement a /k /a the Declaration of Restrictive Covenants (as recorded in
OR Book 3991, Page 1737 in Collier County) (the "Agreement, ") and
WHEREAS, as part and condition of the FCT funding, the County provided and FCT
approved a Management Plan for the project site, and together with the Agreement, the
terms of which are hereby incorporated herein by reference; and
WHEREAS, Grantor intends that the conservation and recreation values of the
Property be preserved and enhanced in accordance with the Management Plan, as it may
be amended from time to time only after review and approval by FCT; and
WHEREAS, all activities by the Grantor and Lee County Electric Cooperative Inc., a
Florida non - profit corporation, as Grantee, shall be consistent with the Agreement and
Management Plan.
KNOW ALL MEN BY THESE PRESENTS that Collier County, a political subdivision of the
State of Florida, as Grantor, whose post office address is 3301 East Tamiami Trail, Naples,
Florida 34112 -4902, in consideration of the sum of one dollar ($1.00) and other valuable
considerations, receipt of which is hereby acknowledged, does hereby grant to Lee County
Electric Cooperative, Inc., a Florida non - profit corporation, as Grantee, whose post office
address is Post Office Box 3455, North Fort Myers, Florida 33918 -3455, and to its successors
and assigns (the term "assigns" meaning any person, firm, or corporation owning by way of
assignment all rights under this Agreement or a portion of such rights, with the Grantee or its
other assigns retaining and exercising the other rights), a perpetual easement for a right -of-
way to be used for the construction, operation, and maintenance of one or more
underground electric distribution lines, including, but not limited to, wires, cables, conduits,
and equipment associated therewith, attachments and appurtenant equipment for fiber
optic telecommunications and television purposes (all of the foregoing hereinafter referred
to as "facilities "), over, under, in, on, upon, and across the lands of the Grantor situated in the
County of Collier and State of Florida and being more particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
together with the right and privilege from time to time to reconstruct, inspect, alter, improve,
enlarge, add to, change the voltage, as well as the nature or physical characteristics of,
replace, remove, or relocate such facilities or any part of them upon, across, or under the
right -of -way described above with all rights and privileges necessary or convenient for the
full enjoyment or the use thereof for the purposes described herein, including, but not limited
to, the right to trim, spray, cut, and keep clear all trees and undergrowth and other
obstructions within said right -of -way and on lands of Grantor adjoining said right -of -way that
may interfere with the proper construction, operation, and maintenance of such facilities or
any part of them, with the exception of the historical rubber tree which shall remain
protected and must remain in place and unaltered, the right to mark the location of any
underground facilities by above - ground markers and other suitable markers, and the right of
ingress and egress for personnel and equipment of Grantee, its contractors, agents,
successors or assigns, over the adjoining lands of the Grantor, for the purpose of exercising
16D1
and enjoying the rights granted by this easement and any or all of the rights granted
hereunder.
By the execution and delivery hereof, Grantor so expressly agrees that no portion of
the right -of -way shall be obstructed without the prior written permission of the Grantee, or its
successors or assigns, and no building, well, structure, or obstruction shall be located,
constructed, maintained, or operated under, upon, or across said right -of -way by the
Grantor, or the heirs, personal representatives, successors or assigns of Grantor.
Grantee shall consult with Grantor prior to installation of facilities to protect resources
on site.
By the execution hereof, Grantor covenants that it has the right to convey this
easement and that the Grantee and its successors and assigns shall have quiet and
peaceful possession, use, and enjoyment of this easement and the rights granted hereby.
IN WITNESS WHEREOF, the Grantor has executed this Agreement this Zrwt day of
a ah 2011
E, I
1'A � t* : lion 114 to c fip Ylerk
urc oar•
Approved as to form and
legal sufficiency by:
Jennifer B. White,
Assistant County Attorney
Reviewed and Approved by:
Ken Reecy, Community rogram Manager
Florida Community Trust
BOARD OF COUNTY COMMISSIONERS
COLLIER C-OVNTY, FLORIDA
BY: ,'j ( f
yl-e'[I yn i'i1Ir airman
This ConveYa�nce A proved By
The Board County
Commissioners
Collier County Florida,
Pursut t T Agenda
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1601
Prepared By:
Engineering Department
Lee County Electric Cooperative, Inc.
Post Office Box 3455
N. Ft. Myers, FL 33918 -3455
Folio # 01057080001
Township 52 South, Range 27 East, Section 18
THIS CORRECTIVE EASEMENT REPLACES THE EASEMENT RECORDED IN OR BOOK 4478, PAGE
2503 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA IN ITS ENTIRETY.
CORRECTIVE EASEMENT
WHEREAS, Collier County, a political subdivision of the State of Florida, as Grantor, has
acquired the property with partial funding from the Florida Communities Trust (FCT), and the
Property, as identified on Exhibit "A" attached, is subject to certain limitations provided in the
FCT Grant Award Agreement a /k /a the Declaration of Restrictive Covenants (as recorded in
OR Book 3991, Page 1737 in Collier County) (the "Agreement, ") and
WHEREAS, as part and condition of the FCT funding, the County provided and FCT
approved a Management Plan for the project site, and together with the Agreement, the
terms of which are hereby incorporated herein by reference; and
WHEREAS, Grantor intends that the conservation and recreation values of the
Property be preserved and enhanced in accordance with the Management Plan, as it may
be amended from time to time only after review and approval by FCT; and
WHEREAS, all activities by the Grantor and Lee County Electric Cooperative, Inc., a
Florida non - profit corporation, as Grantee, shall be consistent with the Agreement and the
Management Plan.
KNOW ALL MEN BY THESE PRESENTS that Collier County, a political subdivision of the
State of Florida, as Grantor, whose post office address is 3301 East Tamiami Trail, Naples,
Florida 34112 -4902, in consideration of the sum of one dollar ($1.00) and other valuable
considerations, receipt of which is hereby acknowledged, does hereby grant to Lee County
Electric Cooperative, Inc., a Florida non - profit corporation, as Grantee, whose post office
address is Post Office Box 3455, North Fort Myers, Florida 33918 -3455, and to its successors
and assigns (the term "assigns" meaning any person, firm, or corporation owning by way of
assignment all rights under this Agreement or a portion of such rights, with the Grantee or its
other assigns retaining and exercising the other rights), a perpetual easement for a right -of-
way to be used for the construction, operation, and maintenance of one or more overhead
electric distribution lines, including, but not limited to, wires, poles, cables, conduits, anchors,
guys, and equipment associated therewith, attachments and appurtenant equipment for
fiber optic telecommunications and television purposes (all of the foregoing hereinafter
referred to as "facilities "), over, under, in, on, upon, and across the lands of the Grantor
situated in the County of Collier and State of Florida and being more particularly described
as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
together with the right and privilege from time to time to reconstruct, inspect, alter, improve,
enlarge, add to, change the voltage, as well as the nature or physical characteristics of,
replace, remove, or relocate such facilities or any part of them upon, across, or under the
right -of -way described above with all rights and privileges necessary or convenient for the
full enjoyment or the use thereof for the purposes described herein, including, but not limited
to, the right to trim, spray, cut, and keep clear all trees and undergrowth and other
obstructions within said right -of -way and on lands of Grantor adjoining said right -of -way that
may interfere with the proper construction, operation, and maintenance of such facilities or
any part of them, with the exception of the historical rubber tree which shall remain
protected and must remain in place and unaltered, the right to mark the location of any
underground facilities by above - ground markers and other suitable markers, and the right of
ingress and egress for personnel and equipment of Grantee, its contractors, agents,
1601
successors or assigns, over the adjoining lands of the Grantor, for the purpose of exercising
and enjoying the rights granted by this easement and any or all of the rights granted
hereunder.
By the execution and delivery hereof, Grantor so expressly agrees that no portion of
the right -of -way shall be obstructed without the prior written permission of the Grantee, or its
successors or assigns, and no building, well, structure, or obstruction shall be located,
constructed, maintained, or operated over, under, upon, or across said right -of -way by the
Grantor, or the heirs, personal representatives, successors or assigns of Grantor.
Grantee shall consult with Grantor prior to installation of facilities to protect resources
on site.
By the execution hereof, Grantor covenants that it has the right to convey this
easement and that the Grantee and its successors and assigns shall have quiet and
peaceful possession, use, and enjoyment of this easement and the rights granted hereby.
IN WITNESS WHEREOF, the Grantor has executed this Agreement this i nd day of
M th , 2011 .
ATTEST:
D GHT E. BR�K
`ZV�✓
Atts%t q% to -CM0R9it dyfClerk
tlpnature" on 1 •
Approved as to form and
legal sufficiency by:
Qt�1.
Jennifer B. White,
Assistant County Attorney
Reviewed and Approved by:
Ken Reecy, Com nity Program Manager
Florida Community Trust
BOARD OF COUNTY COMMISSIONERS
COLLIER CC LINTY, FLORIDA
BY: i _`tk LA-)
re<i W, Cc le- Athairman
This Conveyance Approved By
The Board Of County
Commissioners
Collier County Florida,
Pursuant To AQen`ia
Date: a ltsm No:1oD I
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^ EXHIBIT_,,,._
of
�'
A - 4-
Project: MARGOOD HARBOR PARK
Folio No. 01057080001
Project 800241
GRANT OF UTILITY EASEMENT
16D1
WHEREAS, Collier County, a political subdivision of the State of Florida, as Grantor, has
acquired the property, as identified on Exhibit "A" attached (the "Property "), with partial funding
from the Florida Communities Trust (FCT), and the Property is subject to certain limitations
provided in the FCT Grant Award Agreement a /k /a the Declaration of Restrictive Covenants (as
recorded in OR Book 3991, Page 1737 in Collier County) (the "Agreement, ") and
WHEREAS, as part and condition of the FCT funding, the County provided and FCT
approved a Management Plan for the project site, and together with the Agreement, the terms
of which are hereby incorporated herein by reference; and
WHEREAS, Grantor intends that the conservation and recreation values of the Property
be preserved and enhanced in accordance with the Management Plan, as it may be
amended from time to time only after review and approval by FCT; and
WHEREAS, all activities by the Grantor and EMBARQ FLORIDA, INC., d /b /a CENTURYLINK, a
Florida corporation, and COMCAST OF ARKANSAS /FLORIDA/ LOUISIANA /MINNESOTA /MISSISSIPPI/
TENNESSEE, INC., a Delaware corporation, their successors and assigns, collectively as Grantee,
shall be consistent with the Agreement and the Management Plan.
NOW THEREFORE, this indenture made and executed this aa'Aday of PyUrd 2011,
by and between COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3301 Tomaimi Trail East, Naples, FL 34112, hereinafter referred to as GRANTOR, and
EMBARQ FLORIDA, INC., d /b /a CENTURYLINK, a Florida corporation, whose mailing address is 5454
W. 110th St. Mailstop: KSOPKJ0902 -RETA, Overland Park, KS, 66211, its successors, assigns, lessees,
licensees and agents, and COMCAST OF ARKANSAS /FLORIDA /LOUISIANA /MINNESOTA/
MISSISSIPPI/TENNESSEE, INC., a Delaware corporation, whose mailing address is 12641 Corporate
Lakes Drive, Fort Myers, Florida 33913, its successors, assigns, lessees, licensees and agents,
hereinafter collectively referred to as GRANTEE.
W ITNESSETH
That for and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, receipt of which is hereby acknowledged, the GRANTOR hereby grants
to GRANTEE, its successors or assigns, a non - exclusive easement for the installation of utility
facilities on the property more particularly described on Exhibit "A" attached hereto and made a
part hereof, hereinafter referred to as Easement Property.
TO HAVE AND TO HOLD the easement hereby granted unto said GRANTEE, its successors or
assigns, for the sole purpose to install, construct, operate, maintain, expand, replace and
remove underground cables and related facilities or structures as are reasonably necessary.
GRANTEE, by acceptance of this easement agrees for itself, its successors, assigns, lessees,
licensees and agents, to maintain said easement and in no way to interfere with or hinder at any
time access to the Easement Property or adjacent lands by GRANTOR, the general public, or
any other party requiring access to any of the property over which said easement is granted.
GRANTEE further agrees that it will at all times use extreme care to restore all grounds to as good
or better condition than found prior to any construction, installation, maintenance or repair work
performed by GRANTEE, or its contractors, successors, assigns, lessees, licensees and agents.
In the event GRANTEE, its successors, assigns, lessees, licensees and agents, shall fail to use
this easement for the purpose of providing data transmission service to the County, this Utility
Easement shall automatically terminate and the GRANTEE, its successors, assigns, lessees,
licensees and agents, shall vacate, cancel and annul said easement or relevant part thereof by
recording in the Public Records an instrument evidencing said cancellation.
GRANTOR, its successors or assigns, shall upon said vacation, have the right to require
GRANTEE, its successors, assigns, lessees, licensees and agents, to remove any structures, facilities
or improvements from Easement property.
16D1
GRANTEE hereby covenants and agrees to indemnify, save, protect and hold harmless
GRANTOR against any loss, damage, injury, debt or expense )including attorney's fees) claimed
or asserted by any person or entity, which claim relates to in any way, no matter how remote, or
arises out of GRANTEE'S installation of facilities or use of the Easement Property described above.
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed in its name
by its Board of County Commissioners acting by the Chairman of said Board, the day and year
first above written.
AnEM '. P^
DWI�T E. BRbi
ALLftt. � aEO }41PriiWVlerk
Approved as to form and
legal sufficiency by:
Jennife . White,
Assistant County Attorney
Reviewed and Approved by:
Ken Reecy, Communit Program Manager
Florida Community Trust
BOARD OF COUNTY COMMISSIONERS
COLLIER COUTY,, FjLjORIDA
BY: W
This Conveyya�nce Approved Cy
The Board Of County
Commissioners
Collier county Florida,
pursuant To Anemia
Date: _ m No: I(o
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