Parcel 13T
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOl\1PAl'N ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMl\1ISSIONERS 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
exception of the Chairman's signature, draw a line througb routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
(The primary contact is the holder of the original document pending Bce 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 BCe Chairman's signature are to be delivered to the Bee office only after the BCe has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
/6
'"1 c... e.
Number of Original
Documents Attached
D-~
Yes
(Ini tial)
N/A (Not
A licable)
\
'S\J
~v
\J
'I
..
~"
"6~
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainnan, 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 ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chainnan and the Clerk to the Board
The Cha:in.pan's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a c6rtain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
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
Coun Attorne 's Office has reviewed the chan es, if a Jicable.
I: Forms! eounty Forms! BeC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
2.
3.
4.
5.
6.
PROJECT: Collier Boulevard Water Main Project 70151/70152
PARCEL:13T
FOLIO: 00410760008
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Awee'JMt.Clt") is made and entered into on this ~ day of
ftbfJ(J~ ' 20~(.,ljrtand between San Marino Naples, LLC, a Delaware
limited Iia IlIty company, (hereinafter referred to as "Owner"), whose mailing address is
401 Commercial Court, Suite A, Venice, FL 34292, 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
"Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida
34112 ;
WHEREAS, Purchaser 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 "Property") for temporary
construction of utility facilities; 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 are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall convey the Property via a Temporary Construction Easement to
Purchaser for the sum of $3,800.00, payable by County Warrant (said transaction
hereinafter referred to as the "Closing"). Said payment shall be full compensation for
the Property conveyed, including all landscaping, trees, shrubs, improvements, and
fixtures located thereon, severance damages, and for all other damages in connection
with conveyance of said Property to Purchaser, including attorney's fees, expert witness
fees and costs as provided by Chapter 73, Florida Statutes.
2. Closing shall occur within sixty (60) days of the execution of this Agreement by
Purchaser. At closing, Owner shall deliver the conveyance instruments to Purchaser in
a form acceptable to Purchaser and Purchaser shall deliver the County Warrant to
Owner.
3. Owner agrees to convey the Property for the purpose of constructing utility
facilities in the area. The Temporary Construction Easement shall expire upon
completion of the construction of the utility facilities in the area or on December 31,
2009, whichever occurs first. Purchaser shall restore the surface of the Property after
construction has been completed.
4. Owner is aware of 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.
5. Owner represents that 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 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 conveyed to 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 sUNive closing
and is not deemed satisfied by conveyance of title.
6. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and shall 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 Owner's representation
under Section 5. This provision shall survive closing and is not deemed satisfied by
conveyance of title.
7. The Purchaser shall pay for all costs of recording the Temporary Construction
Easement 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, if any, for any curative instruments shall be borne and paid
by Owner. The cost of a title commitment shall be paid by Purchaser.
8. 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 assignees whenever the context
so requires or admits.
9. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated herein; and the written agreement,
including all exhibits attached hereto, shall constitute the entire agreement and
understanding of the parties, and there are no other prior or contemporaneous written
or oral agreements, undertakings, promises, warranties, or covenants not contained
herein.
10. If the Owner holds the land underlying 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 land underlying 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 of 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.)
11. 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 Temporary
Construction Easement Agreement on this ~ day of V=..&.., , 20cXj..
Date Property acquisition approved by BCC: May 24, 2005
Resolution No.: 2005-200/CWS 2005-03
AS TO PURCHASER:
DATED: t='t: b ~~ ;rObl.
ATTEST:
DWIGHT E. BROCK, Clerk
, ~ to,.....:: ".... I
, _ ,#' ~ J.... ..,.,' . .. . .,;... .~
r~. ...... .#.
- .'<.} . ) ,
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
%=
. :(R.
-~ I~C
At~.lS to._'.j..~nc,rk
It...~.tnl,.~-
AS TO OWNER:
DATED: 2. ('i / D(c.
BY: ~~~
FranK Halas , -'
San Marino Naples, LLC, a Delaware
limited 'ability company
Witness ($i\ atureL r.) -L.'
Name: Vi €ll~ J \ r t<{:
(Print or Type)
STATE OF f \
COUNTY OF SC0'\ Cv::J QT<=----
The foregoing Temporary Construction Easement was acknowledged before me
this ~ day of -16b , 200&,by N. Berry Taylor, Ma~haJi of
San rV;arino Naples, LLC, a Delaware limited liability company, who i erson9~
to me or who has produced as identification.
WITNESS my hand and official seal this
day of
,2005.
(affix notarial seal)
OR- MfA i!.A [J ([UJkj h.~ ~
(Si~ure of Notary Public)
e nu i C\. V\ II. ( C:++- r"- b l--ttl f'....-
(Print Name of Notary "Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
DO-j,<; Y \f I S
IUIV^ub
Approved as to form and
legal sufficiency:
JJ 1-<-. ~ t L L,~A----
Ellen T. Chadwell
Assistant County Attorney
.. Deborah A. CottIngham
: Commission , 00368473
Expires October 16, 2008
hINd TNr 1'Ilft.1-._ ..-701.
TEMPORARY CONSTR UCTlON
EASEMENT (DURA TlON: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
701 ~I ~
PROJECT 7o/~;;J.,
PARCEL / 31 T
FOLIO 6C>~/07c,OOO?
EXHIBIT A.
Page , of. \
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (18.T)
IN THE NW 1/4 OF THE SW 1/4 OF SECTION 11, TOWNSHIP 50 S,
RANGE 26 E, COLLIER COUNTY, FLORIDA
laO' R/W
FOLIO NO.:
00410760008
S901>O'OO"E
:-u 25.00' !
~ g 8 ~
10 .0 .0 10
o N N 0
~ 25.00' ~
i \ S901>O'OO"W
'- P.O.B.
w
~ en
oct 0
b ,...:
10 I")
o l.O
o N
Z
<1~~.gORNER OF <;>
SECTlON 11
[ S LINE SECTlON 11
~ ....,.\
.-- N8T25'49"E _ 100.lB' '\ -~f- _ _
-- "4
ID:
F.P.&:L.-FlORIDA POWER &: LIGHT CO.
R/W - RIGHT-OF-WAY
P.O.8.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
NO.-NUMBER
DESCRIPTlON OF A TEMPORARY CONSTRUCTlON EASEMENT LYING IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
SECTlON 11, TOWNSHIP SO SOUTH, RANGE 26 EAST, COWER COUNTY, flORIDA:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTlON 11, THENCE RUN N8T'2S' 49"E, A DISTANCE OF 100.18
FEET ALONG THE SOUTH LINE OF SAID SECTlON TO THE EAST LINE OF THE HENDERSON CREEK CANAL
RIGHT-OF-WAY; THENCE RUN NOO"SO'H"E, A DISTANCE OF 2637.09 FEET ALONG SAID EAST LINE TO THE POINT OF
BEGINNING; THENCE CONTlNUE ALONG SAID EAST LINE NOO"50'H"E, A DISTANCE OF 25.00 FEET; THENCE RUN S90'00
'OO"E, A DISTANCE OF 25.00 FEET; THENCE RUN SOO'50'H"W, A DISTANCE OF 2S.00 FEET; THENCE RUN S90'00'OO"
W, A DISTANCE OF 25.00 FEET TO SAID EAST UNE AND THE POINT OF BEGINNING.
CONTAINING 62S SQUARE FEET OR 0.01 ACRES, MORE OR LESS.
. ~ L2-I
----~--------------
milE;
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULATED ARE BASED ON A RELD SURVEY OF
SECTlON 11. BASIS OF BEARING: STATE PLANE
COORDINA TE SYSTEM, FlA. EAST ZONE~ '83/'90.
THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIATES, INC.
SURVEYlNG AND MAPPING
3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CLIENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: J.N.W.
PARCEL DESCRIP1l0N: DATE: 3/1O/0S SCALE: 1"=30'
UTlUTY EASEMENT IN THE NW 1/4
OF THE SW 1/4 OF SEC 11-50-26
DARREN TOWNSEND (FOR THE RRM l86773)
PROFESSIONAL SURVEYOR AND MAPPER
FlORI[tA.l,ICENSE NO. LS 6A76 U
THIS L!..:!! DAY OF Afc
, 2005.
PROJECT No: 030705W.A
DWG NO:030705WA-ESM
REV:
SHEET: 1 OF 1