Parcels 6T and 11T
PROJECT: COLLIER BOULEVARD WATER MAIN PROJECT 70151/70152
PARCEL: 6T & 11T
FOLIO: 61850007328 & 61850007302
PAGE 1 OF 3
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into on this ,,1, day of
/JOIItI"Ad€A , 2005 by and between NAPLES HERITAGE GOLF AND COUNTRY
CLUB, INC., a Florida not-for-profit corporation, (hereinafter referred to as "Owner"),
whose mailing address is 8150 Heritage Club Way, Naples, FL 34112 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, successors and
assigns, whose mailing address is 3301 East Tamiami Trail, 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 Six Thousand, Four Hundred and NO/100 Dollars ($6400.00),
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, and for any
damages resulting to Owner's remaining lands, 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.
PROJECT: COLLIER BOULEVARD WATER MAIN PROJECT 70151/70152
PARCEL: 6T & 11 T
FOLIO: 61850007328 & 61850007302
PAGE 2 OF 3
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 survive 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 everj 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.
PROJECT: COLLIER BOULEVARD WATER MAIN PROJECT 70151/70152
PARCEL: 6T & 11T
FOLIO: 61850007328 & 61850007302
PAGE3oF3
IN WITNESS WHEREOF, the parties hereto have executed this Temporary
Construction Easement Agreement on this S'n/ day of DELl3M /3/? fL , 2005.
Date Property acquisition approved by BCC: September 13, 2005
Resolution No.: 2005-321/CWS 2005-05
AS TO PURCHASER:
DATED: 12../'5'/O~
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BOARD OF COUNTY COMrjlSSIONERS ~
OF COLLIER COUNTY, FL~RIDA;:AS , ,~
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THE GOVERNING BODY O~ ~OLUE8. ",:/ "
COUNTY AND AS EX-OFFlctO)THE;,;!;'.?'~~ ,,-"
GOVERNING BOARD OF THE"COLLlER ,/ "",-:.'
COUNTY WATER-SEWER DISTFhcT ,.."
ATTEST:
DWIGHT E. BROCK, Clerk
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AS TO OWNER:
BY: ~W. ~
Fred W. Coyle, Chairma
ss (Signature)
e: ~"ell.t L~ (Jfll'H'T ::;]
(Print or Type)
~o..~ It
itness (Sign re) ,.
Name:~
(Print or Type)
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- -
Naples Heritage Golf & Country Club, Inc.,
a Florida not-for-profit corporation
BY:PhI1J~a~
(I G-5> 1~(;etL
DATED:
\ \\2-5\0:?
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Approved as to form and
legal sufficiency:
~\1~
Ellen T. Chadwell
Assistant County Attorney
EXHI8IT~
page-Lof ~
PROJECT
PARCEL
FOLIO
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7 61 5-:2..
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b I s:? S-OC>o 73'..2 ~
TEMPORARY CONSTRUCTION
EASEMENT (DURATION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (6. T)
LYING IN TRACT RW3, NAPLES HERITAGE GOLF & COUNTRY CLUB PHASE ONE
A SUBDIV1SION PER PLAT BOOK 26, PAGE 73
SECTION 10, TOWNSHIP 50 S, RANGE 26 E
COLLIER COUN TY, FLORIDA
PROPOSED TEMPORARY
CONSTRUCTION EASEME~.
N88'56'25"E
N LINE NAPLES HERITAGE 12,00:
& N LINE SECTION 10
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KEY:
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C.C.C.BT.-COLLlER COUNTY CONSERVATION
BUFFER EASEMENT
F.P,&L,-FLORIDA POWER & LIGHT CO.
R/W - RIGHT-OF-WAY
O,R. - OFFICIAL RECORDS BOOK/PAGE
P.O.B.-POINT OF BEGINNING
P.OC.-POINT OF COMMENCEMENT
NO.-NUMBER
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FOLIO NO.:
61850007328
DESCRIPTION OF A 12-FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT LYING IN TRACT RW3 OF NAPLES
HERITAGE GOLF AND COUNTRY CLUB PHASE ONE AS RECORDED IN PLAT BOOK 26, PAGE 73; SECTION 10,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA:
BEGIN AT THE INTERSECTION OF THE NORTH LINE OF SAID SUBDIVISION AND THE WESTERLY RIGHT-OF-WAY
LINE OF COUNTY ROAD 951; THENCE ALONG SAID WESTERLY RIGH T -OF - WA Y LINE OF COUNTY ROAD 951
SOO'50'44"W, A DISTANCE OF 49,96 FEET; THENCE RUN S88'56'19"W. A DISTANCE OF 12,00 FEET TO THE
WEST LINE OF SAID TRACT; THENCE RUN ALONG SAID WEST LINE NOO'50'44"E, A DISTANCE OF 49,96 FEET
TO THE NORTH LINE OF SAID SUBDIVISION; THENCE RUN ALONG SAID NORTH LINE N88'56'25"E, A DISTANCE
OF 12.00 FEET TO SAID WESTERLY LINE AND THE POINT OF BEGINNING,
CONTAINING 59B SQUARE FEET OR 0.01 ACRES, MORE OR LESS.
--~c/-(____
tiQIE;
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULA TED ARE BASED ON A FIELD SURVEY.
BASIS OF BEARING: STATE PLANE COORDINATE
SYSTEM, FLA, EAST lONE. 'B3/'90,
DARREN TOWNSEND (FOR THE FIRM LB6773)
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA LICENSE NO. LS 6476
THIS G.:!~ DAY OF -__Ae.'0_~_______, 2005.
THIS IS NOT A SURVEY
COONER & ASSOCIATES, INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE. FORT MYERS. FLORIDA 33912
PHONE: (239)277-0722 FAX; (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CLIENT: GREELEY AND HANSE/'l. LLC DRAWN BY: DKT CHECKED BY: JNW
PARCEL DESCRIPTION: DATE: 03/09/05 SCALE: 1.....20.
TEMP, CONSTRUCTION EASEMENT TRACT
RW3, NAPLES HERITAGE; SEC. 10-50-26 PROJECT No: 030705W.A
REV: 4-27-05
DWG NO:030705WA-ESM
SHEET: 1 OF 1
EXHIB'T~
Page ~ of d.
70/ f)/ r-
PROJECT "'} 01 , :2..
PARCEL / /. T
FOLIO t I ?5S-DOb 73~ ~
TEMPORARY CONSTRUCTION
EASEMENT (DURA TION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (11. T)
LYING IN TRACT RW2, NAPLES HERITAGE GOLF & COUNTRY CLUB PHAS ONE
A SUBDIVISION PER PLAT BOOK 26, PAGE 73
SECTION 10, TOWNSHIP 50 S, RANGE 26 E
COLLIER COUN TY, FLORIDA
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C.R,-COUNTY ROAD
F.P,&L,-FLORIDA POWER & LIGHT CO.
R/W - RIGHT-Of-WAY
O.R. - OFFICIAL RECORDS BOOK/PAGE
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
NO. -NUMBER
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S LINE NAPLES HERITAGE
P,O.C,
DESCRIPTION OF A 12-FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT LYING IN TRACT RW2 OF NAPLES
HERITAGE GOLF AND COUNTRY CLUB PHASE ONE AS RECORDED IN PLAT BOOK 26, PAGE 73; SECTION 10,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA:
COMMENCE AT THE INTERSECTION OF THE SOUTH LINE OF SAID SUBDIVISION AND THE WEST RIGHT-OF-WAY
LINE OF COUNTY ROAD 951; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 951,
NOO'SO'44"E, A DISTANCE OF 516.07 fEET TO THE POINT OF BEGINNING; THENCE RUN N89'59'16"W, A
DISTANCE OF 12.00 FEET TO THE WEST LINE OF SAID TRACT; THENCE RUN ALONG SAID WEST LINE
NOO'50'44"E, A DISTANCE OF 25,00 FEET; THENCE RUN S89'59'16"E, A DISTANCE OF 12,00 FEET TO SAID
WEST RIGHT-OF-WAY LINE; THENCE RUN SOO'50'44"W, A DISTANCE OF 2500 FEET ALONG SAID WEST
RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING.
CONTAINING 300 SQUARE FEET OR 0,01 ACRES, MORE OR LESS,
IiQJL
THE PARCEL BEARING, DISTANCES. AND AREAS
CALCULA TED ARE BASED ON A FIELD SURVEY,
BASIS OF BEARING: STATE PLANE COORDINATE
SYSTEM, FLA. EAST lONE. '83/'90.
THIS IS NOT A SURVEY
COONER & ASSOCIATES, INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNG@COONER.COM
CLIENT: GREELEY ,".NO HAi~SEN, LLC DRAWN BY: DKT CHECKED BY: JNW
PARCEL DESCRIPTIO/oj: DATE: 03/14/05 SCALE: 1"=20'
TEMP, COtoJSTRlICTION EASEMENT lRACT
RW2, NAPLES HERITAGE; sr.c, 10-50-26
ZL/)I
-----C~-~--.~______
DARREN TOWNSEND (FOR THE FIRM LB6773)
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA 7,ICENSE NO, LS 6476
THIS 1'J~ DAY OF ---k.1i?1.!.:_______, 2005.
PROJECT No: 030705W.A
REV: 4-27-05
DWG NO;OJ0705WA-ESM
SHEET; 1 OF 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUl\1ENTS SENT TO
THE BOARD OF COUNTY COMJ.\t1ISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Altllch 10 original document. Original documenl.S should be hand delivered to the Board Office. The completed routing slip and original
documenl.S an:: to be forwarded to the Board Office only afier the Board has l:1ken action on the item.)
ROUTING SLIP
Complete routing lines #\ through #4 as appropri:lte for additional signatures. dates. and/or information needed. If the document is aln:::1dy complete with the
exc tion of the O18innan's si tun::. draw a line throu h routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
2,
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
./
PRIMARY CONTACT INFORMATION
(The primary conl:1ct is the holder of the original document pending BCe approval. Normally the primary conl:1ct is the person who created/prepared the executive
summary, Primary conl:1ct infonn:llion 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 Bee Chainnan's signature are 10 be delivered to the BCe office only after the Bee has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
6. Minutes and Records
Clerk of Court's Office
Yes
(Initial)
N/A (Not
A licable)
Number of Original
Documents Attached
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. (AU 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 ossibl 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 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 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 originlll document ~nd 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 for"arding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the Bee 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 Iicable,
rfJ
tJl.k-
I: Fonnsl County Fonnsl Bee Fonnsl Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24,05
2.
3.
4.
5.
6.