Backup Documents 04/13/2010 Item #16B 8ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1688
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 routng lines k I through 44 as appropriate tar additional signatures, dates, and/or information needed. If the document is already complete with the
" ,— �f a,P lonzumrn drzw a Gne thrnueh routine lines 41 through 44_ comnlete the checklist and Ibrward to Ian Mitchell (line 45).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
Contact
appropriate.
(Initial)
Applica ble)
Agenda Date Item was
April 13, 2010
Agenda Item Number
1668
2.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
3.
Purchase Agreement
Number of Original
One
4.
resolutions, etc. signed by the County Attorney's Office and signature pages from
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
�I
�!�
6. Minutes and Records*
ffi
Clerk of Court's Office
I
N/A
*Please scan under Northbrooke /Valewood Dr. Ext. Project No. 60106 in the BMR Real Property Folder.
PRIMARY CONTACT INFORMATION
(Ihe primary contact is the holder o lhe original document pending BCC approval Normally the pnmary contact is the person who created/prepmed the executive
summary. Primary contact information is needed in the event one or die addressees above, including Sue Filson.. need to contact start for additional or missing
information. All original dncUlments needing the BCC Chairman's signature are to be delivered m the BCC office only after the 13CC has acted to approve the
I'm )
Name of Primary Staff
Robert Bosch, ROW Coordinator, TECM
Phone Number
252 -5843
Contact
appropriate.
(Initial)
Applica ble)
Agenda Date Item was
April 13, 2010
Agenda Item Number
1668
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Purchase Agreement
Number of Original
One
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1 2h 05, Revised 224.05, 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)
Applica ble)
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
N/A
Office and all other parties exec t 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 nenotiated 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.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware ofyour deadlines!
6.
The document was approved by the BCC on 04/13/2010 (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.
C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1 2h 05, Revised 224.05, Revised 7 31 .09
• � s
•
MEMORANDUM
Date: April 15, 2010
To: Robert Bosch
Right -of -Way Coordinator
Transportation Department
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Project: #60106 — Northbrooke /Valewood Dr. Ext.
Slope Easement Agreement — Parcel #10ISE
Purchase Agreement — Parcels #101FEE2 & 101FEE3
Donation Agreement — Parcel — 10 1 UE
Per your request you will find enclosed one copy of each document referenced
above (Agenda Item #16138), adopted by the Board of County Commissioners
on April 13, 2010.
If you should have any questions, please call me at 252 -8411.
Thank you.
Enclosures
PROJECT: Project No. 60106, Valewood Drive
PARCEL No(s): 101 FEE2 and 101 FEE3
FOLIO No(s): a portion of 41931040004
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into on this 13T4 day of APQ r , 20 10 , by and
between FIRST CONGREGATIONAL CHURCH OF NAPLES, INC., a/k/a 1st
CONGREGATIONAL CHURCH OF NAPLES, INC. , whose mailing address is 27761
Riverwalk Way, Bonita Springs, FL 34134 , (hereinafter referred to as "Owner"), and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as
"Purchaser").
WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A"
(hereinafter referred to as the "Property "), which is attached hereto and made a part of
this Agreement; and
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property.
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. The purchase price (the "Purchase Price ") for the Property shall be $775.00
(U.S. Currency) payable at time of closing, 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, shall be full compensation for the Property
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 Property, and to
remove all sprinkler valves and related electrical wiring, and all other damages
in connection with conveyance of said Property to Purchaser, including all
attorneys' fees, expert witness fees and costs as provided for in Chapter 73,
Florida Statutes. Purchaser shall also pay to Owner $1,500.00 as
reimbursement for expenses related to legal fees, engineering review, and
survey expenses.
3. Owner shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
the applicable title standards adopted by the Florida Bar and in accordance
with law. Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Property, the execution of such instruments
which will remove or release such encumbrances from the Property upon their
recording in the public records of Collier County, Florida. At or prior to
Closing, Owner shall provide Purchaser with a copy of any existing prior title
insurance policies. Owner shall provide such instruments, properly executed,
1688
Page 2
to Purchaser on or before the date of Closing. Owner shall cause to be
delivered to Purchaser the items specified herein and the following documents
and instruments duly executed and acknowledged, in recordable form
(hereinafter referred to as "Closing Documents "):
(a) General Warranty Deed;
(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 Purchaser,
Purchaser's counsel and /or title company.
4. Both Owner and Purchaser 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 Purchaser; provided, however, that Purchaser 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 Purchaser's enjoyment of
the Property. At Closing, payment shall be made to Owner in that amount
shown on the Closing Statement as "Net Cash to Seller," and Owner shall
deliver the Closing Documents to Purchaser in a form acceptable to Purchaser.
Purchaser shall be entitled to full possession of the Property at Closing.
5. Owner agrees to relocate any existing irrigation system located on the Property
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from Purchaser.
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 Property, the Owner is responsible for their retrieval prior to the
construction of the project without any further notification from Purchaser.
Owner acknowledges that Purchaser has compensated Owner for the value of
the Improvements and yet Purchaser 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 Property prior to construction of the
project commences shall be deemed abandoned by Owner.
This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
6. Owner and Purchaser 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, 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
E* a 61
Page 3
all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) Purchasers acceptance of a deed to the said Property 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 Purchaser has any right or option to
acquire the Property 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 or any rights therein, nor enter into any agreements granting
any person or entity any rights with respect to the Property, without first
obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by
Purchaser for any reason whatsoever.
(e) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Property.
(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 Property or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to
the Property which has not been disclosed to Purchaser in writing prior to
the effective date of this Agreement.
(g) Purchaser 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 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 and
not to do any act or omit to perform any act which would adversely affect
the physical condition of the Property or its intended use by Purchaser.
(h) The Property and all uses of the 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 except as specifically disclosed to the
Purchaser; that the Owner has no knowledge of any spill or
environmental law violation on any property contiguous to or in the
vicinity of the Property to be sold to the Purchaser, that the Owner has
not received notice and otherwise has no knowledge of a) any spill on the
Property, b) any existing or threatened environmental lien against the
Property or c) any lawsuit, proceeding or investigation regarding the
generation, storage, treatment, spill or transfer of hazardous substances
on the Property. This provision shall survive Closing and is not deemed
satisfied by conveyance of title.
8. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and reimburse the Purchaser 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 Purchaser by reason or arising out of
the breach of any of Owner's representations under paragraph 7(h). This
Page 4 1 6 B 8
provision shall survive Closing and is not deemed satisfied by conveyance of
title.
9. Purchaser shall pay all fees to record any curative instruments required to
clear title, all Warranty Deed recording fees, and any and all costs and /or fees
associated with securing and recording a Release or Subordination of any
mortgage, lien or other encumbrance recorded against the Property; 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. In
accordance with the provisions of Section 201.01, Florida Statutes, concerning
payment of documentary stamp taxes by Purchaser, Owner shall further pay all
documentary stamp taxes required on the instrument(s) of transfer, unless the
Property is acquired under threat of condemnation.
10. All ad valorem real estate taxes due on the Property during Owner's term of
possession, and all maintenance charges and assessments due from Owner,
for which a bill is rendered prior to closing, will be charged against Owner on
the closing statement. Real Property taxes shall be prorated based on the
current year's tax and paid by Owner. If Closing occurs at a date when the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
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 in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity
whatsoever for others, Owner shall make a written public disclosure, according
to Chapter 286, Florida Statutes, under oath, of the name and address of every
person having a beneficial interest in the Property before the Property held in
such capacity is conveyed to Purchaser, its successors and assigns. (If the
corporation is registered with the Federal Securities Exchange Commission or
registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to
the general public, it is hereby exempt from the provisions of Chapter 286,
Florida Statutes.)
13. Conveyance of the Property 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
consensual cancellation of this Agreement shall be of any force or effect
unless made in writing and executed and dated by both Owner and Purchaser.
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.
Page 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO PURCHASER:
DATED: 04-1?-20(O
ATTEST:
D)6aG,HT E. BROCK, Clerk
Depp4 Clerk
Atu4t as to e�+a r
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA }
BY:�
FRED W. COYLE, Chairm'
AS TO OWNER: FIRST CONGREGATIONAL CHURCH
OF NAPLES, INC., a/k/a 1st
CONGREGATIONAL CHURCH OF
NAPLES, INC.
DATED: i i i � � � � ° °`1
Witness (Signature)
Name (Print or Type)
itnesS (Signs ure`)/ BY: LARRY AMON, President
Name (Print or Type)
Approved as to form and
legal sufficiency:
As istan Cou ty Attorney
Last revised 09 -01 -09
it 1 16 B 8
EXHIBIT
Page of
I SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
PARCEL NO. 101 FEE 2 AND 101 FEE 3
PROPERTY OWNER: 1ST CONCREGATIONAL
CHURCH OF NAPLES. INC.
REFERENCE: O.R. 3921 Pc 1
AREA OF TAKE: 82 j FT. t TOTAL _ N
FEE SIMPLE
INTEREST
SCALE: 1" = 80'
222 +00 223 +UG 226 +00 225 +00 226 +00 227 +00
9.i'S 6aC.a1
651-1-1
/
114125
P.O.C.
± +4d',j a +da 12
Sam'�� I r51 7''— j
VALEWOOD ORIYc E %TENSION
g
BASELINE STA 9 +98.12
L
L2 J
IMMOKALEE ROAD
PARCEL 101 FEE 21
BASELINE STA 223 +90.46
' PROPOSED R O.W
IMMOKALFE ROAD
\Vli
(150' R.O.W.)
o P
n`TAII
1 DETAIL Q o
N
. P.O.B.
SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST
PARCEL 101 S.E. PARCEL 101 +sa12
PROP03E0 SE FEE 2 LI �31.1T-
-__�_
5 895 >36' E 1950.06
PARCEL
nNE uar
PRCYOSED R.0. W.
LL? 1
(SEE OETAII 0 1
Z76 9157,36
I L1 1.36 N 99'3]'26' W
o
L2 0.26 5 901911' E
A 7
1_3 0.73 N 431+'21' W
OL Ld 748 5 999 W
d
Y
LS 22.96 N 1996'41" 6'41" E
L6 21.69 5 00'23'19' E
L3 51.13 N 99'57'06' W
LH 1261 5 89121'02' W
1ST CONGREGATIONAL
I?
CHURCH OF NAPLES, INC. `v
o:
O.R. 3921, PG. 1 . I g
o m Ci
q LOUISE V TAYLOR TRUST
N
o
a
_ q O.R. 1459, PG. 1608
+
t
3 \
GOLDEN GATE ESTATES
}
UNIT 97 I
p
P.B. 7, PG. 96 ',I
y PARCEL 102 FEE _T
2 REI nm POND
TRACT 22
'r
TRACT 50
'. PARCFI 101 S.E. j
PROPOSED 5.E
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Op
12 J9�1
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Ls 1
Y
12121',
61',
-
_ - - - - - � - - ��- 14
L9 - -
NN 99'21 0.10.1' F 1450.00
j. 9 +00 10 -GJ 11+00
P, D, B. 12 +00 13 +00 14 +00
_
PARCEL 101 FEE 3
'AUTUMN
___�___ n a9r to• E r,19, 3o
OAKS LANE
(60'R.D.W.)
N9991'O]"E 1950.00
VALEW06D DWVE EXTENSIDN
BASELINE STA 5 +00.00 =
AUTUMN OAKS LANE
13ASEUNE STA 11 .47.57
TECM - ROW
R.O.W. = RIGHT —OF —WAY
JUL T 2009
S.E. = PERPETUAL SLOPE EASEMENT
T.C.E. =TEMPORARY CONSTRUCTION EASEMENT
P.O.C. = POINT OF COMMENCMENT NOT A SURVEY
P.U.B. = POINT OF BEGINNING LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
DESCRIPTION: PARCEL 101 FEE 2 AND 101 FEE 3
■■■ ■
CLIENT: COLLIER COUNTY T NSPORTATION DIVISION
l mommAGNOLI
BY:
ro■■■
■u■■
3/24/09
■■■■■ ARBER &
■ ■ ■ ■ ■•
•1111■
GORGE W. CKNEY, P.S.M. NO. 5606
•au■■• RUNDAGE,.�.
6/25/09
engine
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SCALE: i" = 8D' DATE: OCT. 21, 2008
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7/2/09
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DRAWN BY: JAN PROJECT NO.: 07 -0066
1
ACAD N0: 10165 —SDI FILE NO: 10165
7/15/09
al N l
EXHIBIT B 8
Page a"
SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
FEE SIMPLE
INTEREST
LEGAL DESCRIPTION OF PARCEL 101 FEE 2
A PARCEL OF LAND LYING IN TRACT 22, GOLDEN GATE ESTATES UNIT
NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
COMMENCING AT STATION 223 +90.46 ON THE IMMOKALEE ROAD
BASELINE AS SHOWN ON THE FDOT ROW MAPS FOR SECTION 0359 -250,
DATED 6- 16 -55, SAID POINT ALSO BEING ON THE VALEWOOD DRIVE
EXTENSION BASELINE AT STA. 9+98.12;
THENCE SOUTH 00'02'24" WEST ALONG SAID VALEWOOD DRIVE
EXTENSION BASELINE A DISTANCE OF 150.00 FEET TO AN INTERSECTION
WITH THE SOUTHERLY RIGHT —OF —WAY LINE OF IMMOKALEE ROAD;
THENCE NORTH 8957'36° WEST ALONG SAID SOUTHERLY RIGHT —OF —WAY
LINE A DISTANCE OF 51.17 FEET TO THE POINT OF BEGINNING OF THE
PARCEL HEREIN DESCRIBED;
THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT —OF —WAY LINE
NORTH 8957'36" WEST A DISTANCE OF 2.76 FEET;
THENCE LEAVING SAID SOUTHERLY RIGHT —OF —WAY LINE SOUTH
80'49'27" EAST A DISTANCE OF 3.34 FEET,'
THENCE NORTH 45'14'31" WEST A DISTANCE OF 0.75 FEET TO THE
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 1 SQUARE FOOT OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
FEE SIMPLE
LEGAL DESCRIPTION OF PARCEL 101 FEE 3 INTEREST
A PARCEL OF LAND LYING IN TRACT 22, GOLDEN GATE ESTATES UNIT
NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
COMMENCING AT STATION 223 +90.46 ON THE IMMOKALEE ROAD
BASELINE AS SHOWN ON THE FDOT ROW MAPS FOR SECTION 0359 -250,
DATED 6- 16 -55, SAID POINT ALSO BEING ON THE VALEWOOD DRIVE
EXTENSION BASELINE AT STA. 9 +98.12;
[HENCE SOUTH 00'02'24" WEST ALONG SAID VALEWOOD DRIVE
EXTENSION BASELINE A DISTANCE OF 468.11 FEET TO AN INTERSECTION
WITH THE NORTHERLY RIGHT —OF —WAY LINE OF AUTUMN OAKS LANE;
THENCE SOUTH 89'31'03" WEST ALONG SAID NORTHERLY RIGHT —OF —WAY
LINE A DISTANCE OF 12.61 FEET TO THE POINT OF BEGINNING OF THE
PARCEL HEREIN BEING DESCRIBED;
THENCE CONTINUING ALONG SAID NORTHERLY RIGHT —OF —WAY LINE
SOUTH 89'31'03" WEST A DISTANCE OF 7.48 FEET;
THENCE LEAVING SAID NORTHERLY RIGHT —OF —WAY LINE NORTH 18'36'41"
EAST A DISTANCE OF 22.94 FEET,
THENCE SOUTH 00'25'19" EAST A DISTANCE OF 21.68 FEET TO THE
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 81 SQUARE FEET OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
DESCRIPTION: PARCEL 101 FEE 2 AND 101 FEE 3
•••••
iiii�(NOLI
CLIENT: COLLIER COUNTY TRA�t.S�ORTATION DIVISION
uao•
au••■ ARBER &
By
324 /09
••••••a�.
ommm"IBRUNDAGE,w..
GEORGE . HACKNEY, P.S.M. NO. 5606
6/25/09
i Professional mginaan, pi... a. & land auraeyom ry_.; (saqx,a_?PCS
SCALE' N.T_S DATE' OCT 21 9�>�
7/2/09
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DRAWN BY: JAN PROJECT NO.: 07 -0066
---
ACAD NO: 10165 —SDI FILE NO: 10165
7/15/09
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1688
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 Hoard Oflicc. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Hoard has taken action on the item.)
ROUTING SLIP
Complete routing lines d I through N4 as appropriate for additional signatures, dates, and /or information needed. It the document is already complete with the
rrnrinv
of the Chavm -'c signature draw a line through routine lines k l throueli 44, complete the clhccklist and forward to Ian Mitchell (line 45).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
I.
appropriate.
(Initial)
Applica ble)
Agenda Date Item was
April 13, 2010
Agenda Item Number
16138
2.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
3.
Slope Easement Agreement
Number of Original
One
4.
resolutions, etc. signed by the County Attorney's Office and signature pages fiom
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
11
6. Minutes and Records*
Clerk of Court's Office
N/A
*Please scan under Northbrooke /Valewood Dr. Ext. Project No. 60106 in the BMR Real Property Folder.
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of die original document pending HCC approval_ Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of doe addressees above, inclining Sue Filson, need to contact staff for additional or missing
information. All original documents needing die BCC Chairman's signature are to be delivered to the BCC ofth" only after the BCC has acted to approve the
item)
Name of Primary Staff
Robert Bosch, ROW Coordinator, TECM
Phone Number
252 -5843
Contact
appropriate.
(Initial)
Applica ble)
Agenda Date Item was
April 13, 2010
Agenda Item Number
16138
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Slope Easement Agreement
Number of Original
One
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages fiom
Documents Attached
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 903.04. 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)
Applica ble)
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 fiom
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/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
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 04 /13/2010 (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 903.04. Revised 1.26.05, Revised 2.24.05, Revised 7 31 .09
•
MEMORANDUM
Date: April 15, 2010
To: Robert Bosch
Right -of -Way Coordinator
Transportation Department
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Project: #60106 — Northbrooke /Valewood Dr. Ext.
Slope Easement Agreement — Parcel #101 SE
Purchase Agreement — Parcels #101FEE2 & IO1FEE3
Donation Agreement — Parcel —1OIUE
Per your request you will find enclosed one copy of each document referenced
above (Agenda Item #16138), adopted by the Board of County Commissioners
on April 13, 2010.
If you should have any questions, please call me at 252 -8411.
Thank you.
Enclosures
PROJECT: Project No. 60106, Valewood Drive 168`8
PARCEL No(s): 101 SE
FOLIO No(s): a portion of 41931040004
SLOPE EASEMENT AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this . 3T14 day of 4 ,P/i L L , 20 (o , by and between FIRST
CONGREGATIONAL CHURCH OF NAPLES, INC., a/k/a 1st CONGREGATIONAL
CHURCH OF NAPLES, INC., a Florida not - for - profit corporation, whose mailing
address is 27761 Riverwalk Way, Bonita Springs, FL 34134 (hereinafter referred to as
"Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose
mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred
to as "County ").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a Perpetual
Non - Exclusive Slope Easement over, under, upon and across the lands described in
Exhibit "A" (hereinafter referred to as the "Easement "), which is attached hereto and
made a part of this Agreement; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Slope Easement to the County for the stated purposes of constructing or installing
earthen material or stabilizing features over, under and upon the fill slope.
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, in a form acceptable to County.
Said conveyance of a properly executed easement instrument is hereinafter
referred to as the "Closing ".
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments
which will remove, release or subordinate such encumbrances from the
Easement upon their recording in the public records of Collier County, Florida. At
or prior to Closing, Owner shall provide Purchaser with a copy of any existing
prior title insurance policies. Owner shall provide such instruments, properly
executed, to County on or before the date of Closing.
4. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date County executes this
Agreement; 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, release or subordinate any and all such liens,
encumbrances or qualifications affecting County's enjoyment of the Easement.
5. County shall pay all fees to record any curative instruments required to clear title,
all Easement recording fees, and any and all costs and/or fees associated with
securing and recording a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the Easement.
1 j �
i
6. 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. It is agreed and understood that any
construction undertaken within the Easement after Closing by County, or any
assignees or licensees of County, shall provide for existing landscaping and
improvements, including irrigation, to be returned to its pre - existing condition, to
the extent possible, at the expense of County, or such assignee or licensee.
7. Conveyance of the Easement by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; 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.
B. 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 PURCHASER:
DATED: 0 4 - (3 101,0
ATTEST:
ZHDT E. tiR K; Clerk
r 4 Llam_
Attest as to EN17" Clerk
slpnatwc
an
AS TO OWNER:
DATED: i (- I k-
itneW ss (Signature)
(Print or T
Name (Print or Type)
Approved as to form and
legal s
Assistant C ty Attorney
Last Revised: 8/20/08
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, N�T�yY, FLORIDA
BY: / `-��`- W. �- -
FRED W. COYLE, Chairma
FIRST CONGREGATIONAL CHURCH
OF NAPLES, INC., a/k/a 1st
CONGREGATIONAL CHURCH OF
NAPLES, INC., a Florida not - for - profit
corporation
By: LARRY AMON, President
IRM
EXHIBlr_) '_ 1688
mmilmmo
Paged ofa
SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
PARCEL NO. 101 S.E.
PROPERTY OWNER: 1ST CONCREGATIONAL
CHURCH OF NAPLES, INC.
REFERENCE: O.R. 3921, Pc. 1
AREA OF TAKE. 3.5o6 so. FT.
PERPETUAL NON - EXCLUSIVE
SLOPE EASEMENT
221 +00 222 +00 223 +00
IMMOKALEE ROAD
(150' R.O.W.)
SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST
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7
TRACT 22
CURW TAR F
CORW DELTA Rd us ARC MM) CH640 RFC s
cl 47'x'36" 4(100 u28 JZ33 N 24159T W
m
0
r
9 +00 10 +D0 11 +00
647.37
N 89'31'0, E 1516
N 89'31'03* E 1950.00_ _ _
— VALEWOOD DRIVE EXTENSION
BASELINE STA 5 +00.00 e
N
SCALE: 1" = BO'
225+00
dAS NE STA 9 +98.12 s
IMMOKALEE ROAD
BASELINE STA 223 +90.46
2
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4W
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5 4514'31" E
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15
22.91
5 1836'41" W
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5 8991'03" W
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0.50
N 41'54'05" E
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1ST CONGREGATIONAL
U
CHURCH OF NAPLES, INC.
O.R. 3921, PG. 1
GOLDEN GATE ESTATES
TRACT 21
UNIT 97
_
P.B. 7, PG. 96
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7
TRACT 22
CURW TAR F
CORW DELTA Rd us ARC MM) CH640 RFC s
cl 47'x'36" 4(100 u28 JZ33 N 24159T W
m
0
r
9 +00 10 +D0 11 +00
647.37
N 89'31'0, E 1516
N 89'31'03* E 1950.00_ _ _
— VALEWOOD DRIVE EXTENSION
BASELINE STA 5 +00.00 e
N
SCALE: 1" = BO'
225+00
dAS NE STA 9 +98.12 s
IMMOKALEE ROAD
BASELINE STA 223 +90.46
2
n
W�
46
.-r
O�W
U(�
D;
n
12 +00 13 +00
AUTUMN OAKS LANE
(60' R.O.W.)
BASELINE STA 11 +47.37
R.O.W. = RIGHT —OF —WAY TECM - ROW
S.E. = PERPETUAL SLOPE EASEMENT OCT 1 2 2009
T.C.E. = TEMPORARY CONSTRUCTION EASEMENT
P.O.C. = POINT OF COMMENCMENT NOT A SURVEY
P.O.B. = POINT OF BEGINNING LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2
ITS LEGAL DESCRIPTION AND SKETCH PREPARED BYE I DFSCRIPTION- PARCFI 1n1 s F
••••• CLIENT: COLLIER COUNTY TRAN ORTATIO VISION
iiiiNOLI
wu•
11111 ARHER & BY: _
••••O�j RllNDAGE,ac 6/25/09 GEORGE W. HACKNEY, P.S.M. NO. 5606
iiiiii ✓U
Profenioml aa`lneen, pl --. & L d Au yon >.� p>,9ppear_�6 7/2/09 SCALE: 1' = 80' DATE: MAR, 24. 2009
w ® ww c o.�..9i iw.ywW�N� ~i9.i p ii H6u10� (aopn -iii, 7/15/09 DRAWN BY: JAN PROJECT NO.: 07 -0066
c.eutwr .r Aeue6..ueu n.. u >ww w ®w1 T. (m)1w -am 10/10/09 ACAD NO:10165 —SD4 FILE NO: 10165
I
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ry 6.ZL.1��
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a
LOUISE V. TAYLOR TRUSTEE
n ?
O.R. 1459, PG. 7808
8 v
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PARCEL 102 FEE
RETENTION Para
TRACT 50
n
W�
46
.-r
O�W
U(�
D;
n
12 +00 13 +00
AUTUMN OAKS LANE
(60' R.O.W.)
BASELINE STA 11 +47.37
R.O.W. = RIGHT —OF —WAY TECM - ROW
S.E. = PERPETUAL SLOPE EASEMENT OCT 1 2 2009
T.C.E. = TEMPORARY CONSTRUCTION EASEMENT
P.O.C. = POINT OF COMMENCMENT NOT A SURVEY
P.O.B. = POINT OF BEGINNING LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2
ITS LEGAL DESCRIPTION AND SKETCH PREPARED BYE I DFSCRIPTION- PARCFI 1n1 s F
••••• CLIENT: COLLIER COUNTY TRAN ORTATIO VISION
iiiiNOLI
wu•
11111 ARHER & BY: _
••••O�j RllNDAGE,ac 6/25/09 GEORGE W. HACKNEY, P.S.M. NO. 5606
iiiiii ✓U
Profenioml aa`lneen, pl --. & L d Au yon >.� p>,9ppear_�6 7/2/09 SCALE: 1' = 80' DATE: MAR, 24. 2009
w ® ww c o.�..9i iw.ywW�N� ~i9.i p ii H6u10� (aopn -iii, 7/15/09 DRAWN BY: JAN PROJECT NO.: 07 -0066
c.eutwr .r Aeue6..ueu n.. u >ww w ®w1 T. (m)1w -am 10/10/09 ACAD NO:10165 —SD4 FILE NO: 10165
I it
EXHIBIT
SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 101 S.E.
A PERPETUAL SLOPE EASEMENT OVER, UNDER AND ACROSS ALL THAT
PART OF TRACT 22, GOLDEN CATE ESTATES UNIT NO. 97, AS RECORDED
IN PLAT BOOK 7, PAGE 96, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMLNCING AT STATION 223 +90.46 ON THE IMMOKALEE ROAD
BASELINE AS SHOWN ON THE FDOT ROW MAPS FOR SECTION 0359 -250,
DATED 6- 16 -55, SAID POINT ALSO BEING ON THE VALEWOOD DRIVE
EXTENSION BASELINE AT STA. 9 +98.12;
THENCE SOUTH 00'02'24" WEST ALONG SAID VALEWOOD DRIVE
EXTENSION BASELINE A DISTANCE OF 150.00 FEET TO AN INTERSECTION
WITH THE SOUTHERLY RIGHT —OF —WAY LINE OF IMMOKALEE ROAD;
THENCE NORTH 89'57'36" WEST ALONG SAID SOUTHERLY RIGHT —OF —WAY
LINE A DISTANCE OF 53.93 FEET;
THENCE LEAVING SAID SOUTHERLY RIGHT —OF —WAY LINE SOUTH
80'49'27° EAST A DISTANCE OF 3.34 FEET
THENCE SOUTH 45'14'31" FAST A DISTANCE OF 25.16 FEET TO THE
POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED;
THENCE CONTINUE SOUTH 45'14'31° EAST A DISTANCE OF 25.16 FEET;
THENCE SOUTH 00'25'19" EAST A DISTANCE OF 260.63 FEET;
THENCE SOUTH 18'36'41° WEST A DISTANCE OF 22.94 FEET TO AN
INTERSECTION WITH THE NORTHERLY RIGHT —OF —WAY LINE OF AUTUMN
OAKS LANE;
THENCE SOUTH 8931'03° WEST ALONG SAID NORTHERLY RIGHT —OF —WAY
LINE A DISTANCE OF 5.29 FEET;
THENCE LEAVING SAID NORTHERLY RIGHT —OF —WAY LINE NORTH 18'36'41"
EAST A DISTANCE OF 23.83 FEET;
THENCE NORTH 00'25'19" WEST A DISTANCE OF 247.69 FEET TO THE
BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A
RADIUS OF 40.00 FEET,
THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 47'40'36" AN ARC DISTANCE OF
33.28 FEET,
THENCE NORTH 41'54'05" EAST A DISTANCE OF 0.50 FEET TO THE
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 1,473 SQUARE FEET OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD,
LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
DESCRIPTION: PARCEL 101 S.E.
.....
CLIENT: COLLIER COUNTY TRANS ORTATION DIVISION
iiii GNOLI
-
--
f
BY:
uu•
.0uu
uu• ARBER &
•....■
u.u■
6/25/09
GEORGE W. HACK , P.S.M. N0. 5606
uuu RgmeeG ,o c.
Prof000iov01
7/2/09
en. 0, plevven. k land e; r0 ...: (230)50 -xms
SCALE: N.T.S. DATE: MAR. 24. 2009
2N.
cwu.. corny: swa zm, 4400 t.w.mr 3; U Sp 0qe,., n 135 (260)64/ -3111
mpe
c..o mho coo"uo 0N— awr. wa; n any (232)54 -2M,
7/15/09
DRAWN JAN PROJECT NO.: 07-0066
C.
c..um.a .r 2.u..r�wun0 n... ;a ae6a ..e ®650 rte: (a60Nm -24se
d n 5`4
1D /70/09
ACAD NO: 10765 —SD4 FILE N0: 10165
O:1 15
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1688
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 "I he 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
a..n.,o „f *o r,hai.rna„'� elonanne draw a line thmuph rnutinp lines #1 fhrouph #4_ cmmnlete the checklist. and forward to Ian Mitchell (line #5).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
I.
appropriate.
(Initial)
Applicable)
Agenda Date Item was
April 13, 2010
Agenda Item Number
1668
2.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
3.
Donation Agreement
Number of Original
One
4.
resolutions, etc. signed by the County Attorney's Office and signature pages from
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
6. Minutes and Records*
Clerk of Court's Office
N/A
*Please scan under Northbrooke /Valewood Dr. Ext. Project No. 60106 in the BMR Real Property Folder.
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of tie original document pending BCC approval. Normally the primary comact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of tie 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 oil-ice only after the BCC has acted to approve the
item )
Name of Primary Staff
Robert Bosch, ROW Coordinator, TECM
Phone Number
252 -5843
Contact
appropriate.
(Initial)
Applicable)
Agenda Date Item was
April 13, 2010
Agenda Item Number
1668
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Donation Agreement
Number of Original
One
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
I_ Fortes/ County Forms/ BCC Forms / Original Documents Routing Slip W WS On igroad 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
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
should be provided to Ian Mitchell in the 13CC 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 our deadlines!
6.
The document was approved by the BCC on 04/13/2010 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
g
County Attorney's Office has reviewed the changes, if applicable.
I_ Fortes/ County Forms/ BCC Forms / Original Documents Routing Slip W WS On igroad 9 03 04, Revised 1.26.05. Revised 2.24.05, Revised 7 31.09
MEMORANDUM
Date: April 15, 2010
To: Robert Bosch
Right -of -Way Coordinator
Transportation Department
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Project: #60106 — Northbrooke/Valewood Dr. Ext.
Slope Easement Agreement — Parcel #IOISE
Purchase Agreement — Parcels #101FEE2 & 101FEE3
Donation Agreement — Parcel — IOIUE
Per your request you will find enclosed one copy of each document referenced
above (Agenda Item #16B8), adopted by the Board of County Commissioners
on April 13, 2010.
If you should have any questions, please call me at 252 -8411.
Thank you.
Enclosures
PROJECT: Project No. 60106, Valewood Drive 1 6 B 8
PARCEL No(s): 101UE
FOLIO No(s): A portion of 41931040004
DONATION AGREEMENT
THIS AGREEMENT (hereinafter eferred to as the "Agreement ") is made and entered
into on this day of J f z!� 2010, by and between FIRST
CONGREGATIONAL CHURCH OF NAPLES, INC., a /k/a IT CONGREGATIONAL
CHURCH OF NAPLES, INC., a Florida not - for - profit corporation, whose mailing address is
27761 Riverwalk Way, Bonita Springs, FL 34134 (hereinafter referred to as "Owner "), and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is
3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County ").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual, non-
exclusive Utility Easement with Temporary Construction Easement rights over, under, upon
and across the lands described in Exhibit "A ", attached hereto and made a part of this
Agreement, which shall include the right to construct a gravity wall and related roadway,
sidewalk, drainage and utility facilities within the public right -of -way immediately adjacent
thereto (hereinafter referred to as the "Easement "); and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Easement to the County for the stated purposes, on the terms and conditions set forth
herein, said terms including that no compensation shall be due and payable for the Property
requested by County.
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. "Utility facilities' includes public as well as private utilities, such as electric, telephone
and cable television, but only if such facilities have Grantee's consent and proper
authorization, and Grantee shall be entitled to assign any or all of its rights to any
utility company constructing, installing or maintaining such facilities. The Easement
shall also include the right to remove and use any and all excavated material.
3. Owner shall convey the Easement to County, in a form acceptable to County and at
no cost to the County, unless otherwise stated herein. Said conveyance (Owner's
delivery to County of a properly executed easement instrument) is hereinafter referred
to as the "Closing."
4. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and /or
qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Easement upon 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 provide such instruments, properly executed, to County on or before the
date of Closing.
5. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date County executes this
Agreement; 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, release or subordinate any and all such liens, encumbrances or
qualifications affecting County's enjoyment of the Easement.
6. 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.
E w
7. County shall pay to Owner at Closing an amount of $2,000.00 by way of a contribution
towards attorneys' and experts' fees and costs.
8. The Temporary Construction Easement rights shall commence upon the issuance of
Grantee's official Notice to Proceed to its roadway contractor for the construction of
Valewood Road Project No. 60106, and shall automatically terminate 1,095 days
therefrom.
9. It is agreed and understood that any construction undertaken within the Easement or
within the public right -of -way immediately adjacent thereto after Closing by County, or
any assignees or licensees of County, shall provide for existing landscaping and
improvements, including irrigation, to be returned to its pre- existing condition, to the
extent reasonably possible, at the expense of County, or such assignee or licensee,
but without any obligation or responsibility for maintenance thereof.
10. 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.
11. Conveyance of the Easement by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; 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.
12. 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: O4-13`2o(D
ATTEST:
4ZTE.BRq <, Clerk
st as tap�ltp+�aWr4
+1Bnbtu+:t . on
AS TO OWNER:
DATED:
Witness ( igna re)
Name (Print or Type)
Witness ( Signature))
Les c,,) c c-e e
Name (Print or Type)
Last Revised: 11/30/09
BOARD OF COUNTY COMMISSIONERS
COLLIE C UNTY, FLORIDA
BY: LIJ ,
FRED W. COYLE, Chairman
FIRST CONGREGATIONAL CHURCH
OF NAPLES, INC., a /ka/ 1st
CONGREGATIONAL CHURCH OF
NAPLES, INC., a Florida not - for - profit
LT-r✓.-
President
Approved as to form and
legs ene
Assistant County Attorney
EXHIBIT "A"
PAGE 1 OF 2
LEGAL DESCRIPTION AND SKETCH
PARCEL NO. 101 U
(PERPETUAL, NON - EXCLUSIVE UTILITY EASEMENT WITH
TEMPORARY CONSTRUCTION EASEMENT RIGHTS)
_.. .... ._._ �.- .e..- ........- • ............. a......
PARCEL 101UE
1ST CONGREGATIONAL
CHURCH OF NAPLES, INC.
w
O.R. BOOK 3921, PG. 1
o '
GOLDEN GATE ESTATES
O
UNIT NO. 97
0
TRACT 21 P.B. 7, PG. 96
Q
TRACT 22
i
•
EXHIBIT "A"
PAGE 2OF2
LEGAL DESCRIPTION
PARCEL101UE
(PERPETUAL, NON - EXCLUSIVE UTILITY EASEMENT WITH
TEMPORARY CONSTRUCTION EASEMENT RIGHTS)
PORTION OF TRACT 22, GOLDEN GATES ESTATES, UNIT NO. 97
The north 6.00 feet of the following described property
Tract 22, Golden Gate Estates Unit No. 97, as recorded in Plat Book 7, Page 96, Public
Records of Collier County, Florida, LESS AND EXCEPT the following three Parcels of
Land:
1) A Parcel of Land described in OR Book 2581, Pages 349 et seq. of the Public
Records of Collier County, Florida, being the north 50.00 feet of Tract 22, Golden Gate
Estates Unit No. 97;
2) A Parcel of Land described in OR Book 3342, Pages 1280 et seq. of the Public
Records of Collier County, Florida, being more fully described as follows:
Commencing at the southeasterly corner of Tract 22, Golden Gate Estates Unit No. 97;
thence North 00 019'10" East, along the easterly boundary of said Tract, a distance of
30.00 feet to the northerly right -of -way line of Autumn Oaks Lane, a 60 foot right -of -way,
(24th Avenue N.W. per record plat) and the POINT OF BEGINNING; thence North
89 040'50" West along said northerly right -of -way, a distance of 45.00 feet; thence
leaving said northerly right -of -way, North 00 019'10" East and parallel with the easterly
boundary of said Tract 22, a distance of 282.28 feet; thence North 44 °25'20" West, a
distance of 51.14 feet, to the southerly right -of -way of Immokalee Road (County Road
846); thence South 89 °09'50" East along said southerly right -of -way of Immokalee
Road, a distance of 81.00 feet, to the easterly boundary of said Tract 22; thence South
00 019'10" West, along said easterly boundary, a distance of 317.88 feet, to the POINT
OF BEGINNING; and
3) A Parcel of Land described as follows:
Commencing at Station 223 +90.46 on the Immokalee Road Baseline as shown on the
FDOT ROW Maps for Section 0359 -250, dated 6- 16 -55, said Point also being on the
Valewood Drive Extension Baseline at Sta. 9 +98.12; thence South 00 °02'24" West
along said Valewood Drive Extension Baseline a distance of 150.00 feet to an
intersection with the southerly right -of -way line of Immokalee Road; thence North
89 057'36" West along said southerly right -of -way line a distance of 51.17 feet to the
POINT OF BEGINNING of the Parcel herein described; thence continuing along said
southerly right -of -way line North 89 057'36" West a distance of 2.76 feet; thence leaving
said southerly right -of -way line South 80 049'27" East a distance of 3.34 feet; thence
North 45 °14'31" West a distance of 0.75 feet to the POINT OF BEGINNING of the
Parcel described herein.