Backup Documents 09/15/2009 Item #16B15
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 B 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 5
(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 through 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)
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5.Sm: fib6fl, Executive Manager Board of County Commissioners f/ /I 0\ 1,20 r:-
rAN rvll,CHEL-~ "'( jX-~ J >(tj
6. Minutes and Records Clerk of Courts Offi\;c ~T'.t>"
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PRIMARY CONT ACT 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 BCe Chairman's signature are to be delivered to the Bee office only after the BeC has acted to approve the
item.)
Name of Primary Staff Jerry Kurtz / " L. \~. ~tI Phone Number 252-5860
Contact usr ~ JD
Agenda Date Item was 09/15/09 Agenda Item Number I6BI5
A roved b the BCC
Type of Document Easement Agreement Number of Original 1
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/ A (Not
appropriate. (Initial) Aoolicable)
I. Original document has been signed/initialed for legal sufficiency. (All documents to be NB
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 NB
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 ofBCC approval of the N/A
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 NB
signature and initials are required.
5. In most cases (some contracts are an exception), the original document and this routing slip NB
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 certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6. The document was approved by the BCC on and all changes made during the NB
meeting have been incorporated in the attached document. The County Attorney's Office
has reviewed the changes, if applicable.
I: Forms/ County Forms/ Bce Forms/ Original Documents Routing Slip
WWS Original 903.04
26815
MEMORANDUM
Date: October 8, 2009
To: Jerry Kurtz, P.E.
Principal Project Manager
Transportation/S tormwater
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Drainage, Access and Maintenance Easement: Calusa Park
Elementary
Per your request, this is one certified, recorded copy of the above referenced
(Agenda Item #16B15), as approved by the Board of County Commissioners
on September 15,2009.
The Minutes and Records Department has retained the original document
for the Board's Records.
If you should have any questions, please call me at 252-8411.
Thank you.
Enclosure
colter County 16815
~ ~...........
~ -- -
T ransoortation Services Division
Stormwater Management Section
Inter Office Memo
Date: September 15, 2009
To: Board of County Commissioners
From: Jerry Kurtz, P.E. .)JL
Re: Calusa Park Elementary Easement Agreement
The attached agreement requires Commissioner Fiala's notarized original signature; as stated in Jennifer White
from the County Attorney's Office's e-mail (attached).
Attachments: E-mail from Jennifer White
Calusa Park Elementary Easement Agreement
Exhibit A
CC: John Vliet, Project file
G>
TransportatKlr1 SerY1C€S DIvIsion' 2885 South Horseshoe Dnve . Naples Fonda 34104 . 239-252-8192 . FAX 239-252-2726
16815
BetancurNatali
From: KurtzJerry
Sent: Monday, August 31, 2009 11: 15 AM
To: BetancurNatali
Subject: FW: Calusa Park Easement
Attachments: Calusa_Park_Easement_Package[1 ]
Follow Up Flag: Follow up
Flag Status: Flagged
Just making sure you see this again. What she is saying is that typically the aids only complete one section. This has a
signature and a notary section.
From: whitejennifer
Sent: Wednesday, August 26, 2009 4: 16 PM
To: KurtzJerry
Subject: Calusa Park Easement
I just approved this in Novus. Just a reminder for when this is processed thru BCC...make sure that the document
contains a cover memo that states that you need an original signature from Ms. Fiala as well as the document being
notarized. This is extraordinary so it should be explained when it comes thru. Jen
1
INSTR 4347359 OR 4496 PG 2156 16815
RECORDED 10/2/2009219 PM PAGES 7 RE-RECORD INSTR 4342762 OR 4492 PG 2320
DWIGHT E. BROCK RECORDED 9/18/20091004 AM PAGES 7
COLLIER COUNTY CLERK OF THE CIRCUIT COURT DWIGHT E BROCK
REC $61.00 COLLIER COUNTY CLER
DOC@ 70 $0 70 REC $61KO~F THE CIRCUIT COURT
CONS $1000 .
STORMW A TER PROJECT: Calusa Park Elementary
FOLIO NO.: 00399840007
DRAINAGE, ACCESS AND MAINTENANCE EASEMENT
THIS EASEMENT, made and entered into this 15 day of
~\emtt<- , 2009, by the DISTRICT SCHOOL BOARD OF COLLIER
COUNTY, FLORIDA, whose mailing address is 5775 Osceola Trail, Naples, FL 34109,
(hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida
::c: 34112 (hereinafter referred to as "Grantee").
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< (Wherever used herein the terms "Grantor" and "Grantee" includes each parties'
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< respective heirs, legal representatives, successors and assigns. Grantor and Grantee
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<: are used for singular or plural, as the context requires.)
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0 Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
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i:L1 consideration paid by the Grantee, the receipt and sufficiency of which is hereby
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<: acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a non-
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Q exclusive drainage, access and maintenance easement to enter upon and to install and
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< maintain drainage structures and facilities, including but not limited to ditches, swales,
0 earthen berms, rip-rap and retaining wall systems, underground pipes, and various
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Q types of water control structures over, under, upon and across the following described
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Q lands located in Collier County, Florida, to wit:
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i:L1 See attached Exhibit "A" which is
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I incorporated herein by reference.
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z Subject to easements, restrictions, and reservations of record.
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TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land and to place and/or excavate materials for the purpose of
constructing, operating, and maintaining drainage facilities thereon. Construction and
future maintenance of the easement area and all facilities therein is the responsibility of
the Grantee. The easement granted herein shall CO'1stitute an easement running with
the land and shall burden the lands described above.
16815
Within sixty (60) days of the execution of this easement by Grantor, Grantee
agrees to pay Grantor the sum of SIX THOUSAND DOLLARS ($6,000.00), which shall
be the Grantee's portion of the cost to relocate a fence outside of the easement area to
the mutual benefit of both parties.
To the extent permitted by law, Grantee shall indemnify, defend, save and hold
harmless the Grantor, the Grantor's officers, agents and/or employees from and against
suits, demands, claims, liability, losses, penalties, damages, judgments, order, decrees,
and costs and expenses (including attorney's fees and all costs of litigation) for property
damage, liability, or death which may result from any willful misconduct or negligent act,
error or omission of the Grantee in connection with this Easement. This indemnification
provision shall not be construed as a waiver of any limitation of liability to which the
Grantee may be entitled under Section 768.28, Florida Statutes.
[SIGNATURE PAGES TO FOllOW]
Page 2 of 5
16815
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
DISTRICT SCHOOL BOARD OF
COLLIER COUNTY, FLORIDA
WITNESSES:
Lm,~ By: y2w~~d/
19tness (Sig.N1U~,.B Patricia M. Carroll, Chair
lit-Nt: . V.sTt4~
Name (Print or Type)
~.
.~2~~
Dennis L. Thompson ,
Superintendent
Approved as to form and
Legal sufficiency:
Page 3 of 5
16B15
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
WITNESSES: / /7
J.#
cr. '7
By: ~J c:';"</(A..t_k:#,..
Witness (Signature) Donna Fiala, Chair
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
t ;.......' ~\ '~
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~ ....AT......'.-r.E."........ ..:.. '.'..'~...::.~:.....'. ~
t'';,.''.' ..,~
: ... {' .' ! '.' ,.' C
· It) Brock .'.'..
F . .,( \
Clerk of Courts .'
nt~,l~. . u :to, ~I rr..,. .
s 1 (jfla't:Ur,~ 01'11 .
Approved as to form and
Legal sufficiency:
Jen~~\..;k
County Attorney
Page 4 of 5
16B15
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Drainage~ccess and Maintenance Easement was acknowledged before
me this 3D~ day of A~~ ' 2009, by Patricia M. Carroll, Chair of the District
School Board of Collier un, Florida who:
L is personally known to me
OR
produced as proof of
identity.
(affix notary seal) ~o,h ~u>vOlVn~
(Signature of Nota Public)
oIt.....~H...~ DEBORAH A. NAlDENOFF ~k,()r f\-'h 1)JA-IClervof+
e"C MY """"SlON '00 """
~. . it! EXPIRES: January 30, 2011 (Print Name of Notary Public)
. .R(.... I!ondId nUll Notary PubIc UndelWlltets
Serial! Commission # (if any):
My Commission Expires:
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Drainage, Access and Maintenance Easement was acknowledged before
me this J 5 day of S E?"rEiYl'i3E{S. 2009, by Donna Fiala, Chair of Board of County
'P:mmissioners of Collier County, Florida who:
/~ is personally known to me
OR
produced proof of
identity.
(affix notary seal)
(Signature of N tary Public)
:" I' I' I........... .................... II ..... II IAN M r"lC-HELL
: IAN MITCHELL :
; _ """'"" 1lOOO1l102. ! (Print Name of Notary Public)
. .
i . E~ 7121I2012 ~ Serial! Commission # (if any):
: . FIortdII NaI8ryAun., lAc :
-..... tn. II II...... ................ ..... II I...: My Commission Expires:
\ Page 5 of 5
,
16815
STATE OF FLORIDA
COUNTY OF COLLIER
The fOregOina Drainage, Access and Maintenance Easement was acknowledged before
me this:;O day of ~ J... , 2009, by Patricia M. Carroll, Chair of the District
School Board of Collier Count , Florida who:
X- is personally known to me
OR
produced as proof of
identity. ~~
(affix notary seal)
. JII.
(Signa ure of Notary u lie)
+o~~~Y.~~e(1:- DIANE M. RUSTAY
(Print Na~~
1'<OFFC~<:J Bonded Thru Budget Notary Sel'IlceI
Serial/Commission # (if any):
My Commission Expires:
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Drainag , cess and Maintenance Easement was acknowledged before
me this 3D~day of , 2009, by Donna Fiala, Chair of Board of County
Commissioners of Colli ty, Florida who:
'X is personally known to me
OR
produced as proof of
identity.
(affix notary seal)
lie)
iA.'J~ DEBORAH A. NAlDENOFF .D2bDv' A- \\ A. t\) Alde/ll o-F+
tw MY COMMISSION 1/ DD 634659 (Print Name of Notary Public)
~ . .i EXPIRES: January 30, 2011
'. .;.~ Iloncled Thru Notary Public Underwrltell
Serial/Commission # (if any):
My Commission Expires:
Page 5 of 5
168
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