Backup Documents 12/13-14/2011 Item #16C10ORIGINAL DOCUMENTS eHECKLIST & ROU.TING SLIP 16C1 0
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 # t through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line throu routing lines #I through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
&,IA2
(Initial)
Applicable)
2.
p
gel— 3 02 U�
Agenda Item Number
16 G
3.
A &4? -
Number of Original
_
4.
- - - -- -
Documents Attached
5. Ian Mitchell, BCC Office
Supervisor
Board of County Commissioners
I
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 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
Contact
/
Phone Number
N/A (Not
&,IA2
(Initial)
Applicable)
Agenda Date Item was
Approved by the BCC
p
gel— 3 02 U�
Agenda Item Number
16 G
Type of Document
A &4? -
Number of Original
_
Attached
Efte. 4P4 eg, f A c to
Documents Attached
INSTRUCTIONS & CHECKLIST
L Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, 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
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.)
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
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 Mithchell 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 (enter date) and all changes
made during the meeting have been incorporiieA in the attached document. The
County Attorney's Office has reviewed the changes, if applicable.
L Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
16C10
MEMORANDUM
Date: December 27, 2011
To: Marlene McLaughlin, Property Acquisition
Facilities Management Department
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Temporary Construction Easement &
Utility Easement Agreement
MPS (Master Pump Station) 312 Rehabilitation
Folio #81820000322 & #81820000306
Attached is one (1) original of the documents referenced above (Item #16C10)
approved by the Board of County Commissioners on December 13, 2011.
After recording please return the original easement to the Minutes and
Records Department for the Board's Official Record.
If you have any questions, please contact me at 252 -8406.
Thank you.
PROJECT: MPS 312 Rehabilitation
FOLIO Numbers: 81820000322 & 81820000306
16C10
TEMPORARY CONSTRUCTION EASEMENT & UTILITY EASEMENT AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered
into on this day of ,E�rti,L3.r�' 2011 by and between
WHITTENBERG HOMEOWNERS ASSOCIATION, INC., a Florida nonprofit corporation whose
mailing office address is c/o Ability Management, Inc., 6736 Lone Oak Boulevard, Naples
34109 (hereinafter referred to as "Owner "), and the BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY
AND AS EX -OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -
SEWER DISTRICT, (hereinafter referred to as "CCWSD "), whose mailing address is
3335Tamiami Trail East, Suite 101, Naples, Florida 34112;
WHEREAS, CCWSD requires a Temporary Construction 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 "Temporary Easement Area "), for temporary staging
and construction of drainage improvement and utility facilities; and
WHEREAS, Purchaser requires a perpetual non - exclusive Utility Easement over, 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 "Permanent Easement ") to the CCWSD for the stated
purpose of construction, maintaining and operating utility facilities thereon, on the terms and
conditions set forth herein; and
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00),
and other good and valuable consideration, the receipt and sufficiency of which is hereby
mutually acknowledged, it is agreed by and between the parties as follows:
Owner shall convey the Temporary Easement Area and the Permanent Easement via a
Temporary Construction Easement and a Utility Easement to CCWSD for the sum of
Three Thousand Six Hundred and no /100 Dollars ($3,600.00), U.S. currency by County
Warrant or wire transfer (said transaction hereinafter referred to as the "Closing ").
Closing shall occur within sixty (60) days from the date Purchaser executes this
Agreement; provided, however, that Purchaser shall have the unilateral right to extend
the term of this Agreement.
Owner is aware and understands that the 'offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
Owner represents that the Temporary Easement Area and the Permanent Easement and
all uses of the Temporary and Permanent Easement Areas 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 Temporary and
Permanent Easement Areas except as specifically disclosed to CCWSD; that the Owner
has no knowledge of any spill or environmental law violation on any property contiguous
to or in the vicinity of the Temporary and Permanent Easement Areas to be conveyed to
CCWSD; that the Owner has not received notice and otherwise has no knowledge of a)
any spill on the Easement Area, b) any existing or threatened environmental lien against
the Easement Area or c) any lawsuit, proceeding or investigation regarding the
generation, storage, treatment, spill or transfer of hazardous substances on the
Easement Area.
CCWSD shall pay for all costs of recording the conveyance instrument in the Public
Records of Collier County, Florida. All other costs associated with this transaction
including but not limited to transfer, documentary and intangible taxes, and recording
costs for any curative instruments shall be borne and paid by Owner. The cost of a title
commitment shall be paid by CCWSD.
This Agreement and the terms and provisions hereof shall be effective as of the date this
Agreement is executed by both parties and shall inure to the benefit of and be binding
upon the parties hereto and their respective heirs, executors, personal representatives,
successors, successor trustees, and /or assignees, whenever the context so requires or
admits.
Conveyance of the Easement Area by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written Agreement,
including all exhibits attached hereto, shall constitute the entire Agreement and
16C10
Easement Agreement
parties, and there are no other prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein.
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 this
day of DGcGr» , 2011.
Date Property acquisition approved by BCC:
AS TO CCWSD:
DATED: mil/
ATTEST:
DWIGHT E. BROCK, Clerk
AS TO OWNER:
DATED: D�ir� -mss, 3olf
Wi s n re)
Na
(Print or T p)
Witness (Signature)
Name: E. 0 el" W
(Print or Type)
Approved as to form and legal sufficiency
Jennifer B'--TVhi16, Assistant County Attorney
1��� mlr�►- /�, ao /�
BOARD OF COUNTY CON$Mfga[ONERS'- .'
OF COLLIER COUNTY, F�tRJ[�A
THE GOVERNING BODY .b� rQL:LIER
COUNTY AND AS EX- OFFItCII THE.
GOVERNING BOARD OF *tFtg CdtL-tER
COUNTY WATER -SEWER 131ST c7.. -`
I• y
BY: W. C'j" Fred W. Coyle, Chairman
WHITTENBERG HOMEOWNERS ASSOCIATION,
INC., a Florida nonprofit cor oration
Barbara Puch, President
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Easement Agreement
Exhibit "B"
16C10
Being the northerly twenty (20) feet of Tract "HH" as shown of the Plat of Whittenberg Villas
recorded at Plat Book 28, Pages 19 to 21, inclusive, of the Public Records of Collier County,
Florida; and
Project: MPS 312 Rehabilitation & Improvement
16CIO
Nohry Public Stab d Florida
Folio: 81820000306
My Commi&Wn DD992175
F.xpinn 04/14/2014
TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT is made and entered into this day of ��f °'�' 2011, by
WHITTENBERG HOMEOWNERS ASSOCIATION, INC., a Florida nonprofit corporation, whose mailing
address is c/o Ability Management, Inc., 6736 Lone Oak Boulevard, Naples, Florida 34109 (hereinafter
referred to as "Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT is 3335 Tamiami Trail
East, Suite 101, Naples, Florida 34112 -5356, (hereinafter referred to as "Grantee ").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument
and their respective heirs, legal representatives, successors or assigns.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid
by the Grantee, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants,
bargains and sells unto the Grantee, a temporary easement to enter upon the following described lands
located in Collier County, Florida, to wit:
SEE ATTACHED EXHIBIT "A"
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
This Temporary Construction Easement is granted for the express purpose of providing Grantee
temporary access to Grantor's lands for the purpose of excavating, placing, operating, and removing
material and equipment during the construction, installation and improvements to the drainage system on
lands described on Exhibit "A" attached hereto. This Easement shall expire upon completion of the
improvements. Grantee shall restore the surface of the Easement Area after construction activities have
been complete Q t— 1p" R- nl:; 2-01 -k w�\ Q�
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and
year first above written.
(Print or Type)
STATE OF FLORIDA
COUNTY OF COLLIER
WHITTENBERG HOMEOWNERS ASSOCIATION, INC.,
a Flor' nonprofit corporatio
By: G� AJ
Barbara Puch, President
�T e foregoing Temporary Construction Easement was acknowledged before me this day of
S 1 , 2011 by Barbara P ident, on behalf of Whittenberg Villas, Inc., a Florida
nonprofit corporation, who is personal known to m or who has produced
as identification.
i o i I
Or 0%
Nohry Public Stab d Florida
MaMno J McLaughlin
�Y5
My Commi&Wn DD992175
F.xpinn 04/14/2014
Approved as to form and
legal sufficiency:
Jennifer B. White
Assistant County Attorney
Serial/Commission #:(if any) D
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