Backup Documents 07/28/2009 Item #16B 4
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1681:
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original d(x:ument, should he 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
exce tion of the Chairman's si ature, draw a line tbrou h routin lines #1 throu h #4. com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
1.
2.
3.
4
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature arc to be delivered to the BCe office only after the BCC has acted to approve the
item.)
Name of Primary Staff Vef$131 E A ((fl srte.o IJ G Phone Number .29 - ~"1f7L(
Contact
Agenda Date Item was ::r L{L- Y 'J...fi' I Agenda Item Number l' B4-
Approved by the BCC l..C:lott
Type of Document 1</6 fir ()F E"NT/<L/ Number of Original .:2.
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/ A (Not
a ro riate. (Initial) A licable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most ktters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances, 16
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.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's NA:
Office and all other arties exce 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 "'P
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ~
si nature and initials are re uired.
5. 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 certain
time frame or the BCC's actions are nullified, Be aware of our deadlines!
6, The document was approved by the BCC on 7 -).g' - o~ (enter date) and all changes ~
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
I: Forms! County Forms! BCC Forms! Original Documems Routing Slip WWS OnginaI9.0.'UI4. Revised \.26.05. Revised ~24.115
1684 .
MEMORANDUM
Date: July 30,2009
To: Debbie Armstrong,
Property Aquisition Specialist
Trans/ECM/ROW A
From: Martha Vergara, Deputy Clerk
Minutes and Records Department
Re: Right of Entry
Attached is one (1) copy of the document, as referenced above, (Item
#16B4) approved by the Board of County Commissioners on Tuesday, July
28, 2009.
Please forward the other original document to the Minutes and
Records Department for the Board's Record.
If you should have any questions, feel free to contact me at 252-7240.
Thank you,
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RIGHT OF ENTRY 1684
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, a political subdivision of the State of Florida,
whose mailing address is: 3301 East Tamiami Trail, Naples, FL 34112, (hereinafter singularly or collectively referred to as
"Grantor"), for and in consideration of Ten Dollars ($10.00) and other valuable consideration to it in hand paid, does hereby grant unto
SPEEDWAY SUPERAMERICA, LLC, the responsible party, its agents, contractors or assigns, whose mailing address is 500
Speedway Drive, Enon, Ohio 45323, (hereinafter kno\VTI as "Grantee"), the temporary license and right to enter upon the lands of the
Grantor, more particularly described on Exhibit" A," during the duration necessary to complete all field and/or construction activities
related to the environmental assessment, remediation and site closure activities on the property formerly known as Ecol Service
Station No #9819 / Ecol #819 / Former Speedway #9819, located at 3280 Tamiami trail, Naples, FL 33962 with a portion of the
former property currently known as Peters A venue or an extension thereof, for the express purpose of:
Conduct the Initial Site Assessment (soil and groundwater) field activities including the installation of monitor wells to evaluate the
level of contamination that may still remain in the former UST/dispenser areas since the completion of'the road widening project. The
remediation necessary for site cleanup and closure will depend on the analytical results of the soil and groundwater samples. Such
field activities, together with the right to enter upon said property and excavate, remove, fill. store, deposit, and/or stockpile materials
as needed shall be required to conduct the assessment. remediation and site closure activities.
The rights and interest granted hereunder are conditioned upon the reasonable exercise thereof by Grantee. Grantee agrees not to
umeasonably interfere with Grantor's use of the lands described in Exhibit "A".
Grantee shall not umeasonably interfere with ingress and egress to Grantor's lands during the period of site assessment, cleanup and
closure.
Grantee's right of entry onto Grantor's lands is contingent upon no other provisions, conditions, or premises other than those so stated
above; and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants
not contained herein.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name this 2 8'iH day of
J"14L.Y , 20~, and does hereby affirm that the individual executing same has the authority to act on behalf of the
Grantor, and does intend that the Grantee rely on such authority.
Witnk1es: d 1 r;/ ~ of County Commissioners
C er County, FJPrida
rt 17 It I-... "- tff..---' ~~., ~,Ld.2~:c
(Sign~re) d -5 A
~ ./ 4/1) r il .f J..-
~ By: Donna Fiala, Chairman
(~u:rn~lA-e t {e-T ~
(Print Full Name) .1'tIsT .'
'DWltBT I. BIOOK,CLBRK
~'~f2~ ;~
ignatur~ I . \. . .
G,r ~ ... ~
(P,int Ful N~ ' J. Mitchell Ohm, Monag" Co",o,," En'imnment~
~ ~ peed"ay Sup"Am"ica LLC ~ ~oIO~
(Print Fu I Name)
APPROVFD AS TO LEGAL FORM AND SUFFENCIANCV, ~- L~
rSc )tt Teach, eputy County Attorney
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1684
EXHIBIT A
Tho.e portions ot Lots 1, 2 and 3, and all of a.iacated alley in
Block A of l.s~9ate Subdivision,' .sper plat th eot recorded in
Plat Book 1, pa,e 56, Public .8002:'4. of Collier ~ounty, Florida;
all baln9 ln Section 11, Township 50 south, 1t&nc1. 25 East,
Collier County, Florida, and bain9 desorlbed .s ~ollows:
,
I
BEGIN' at the northeast corner ot said Lot :3, thence along the
e.st 11nes of said Lot 3 and alley, South 00-16'$5" East a
distance of 17~61 feet to the south..st corner ot sald alley;
thence along the south line of s.ld alley, SOUth~81.04J07" West a
distance of 138.6' teet to the southwest corner t said alley;
thence along the west line. ot 8ald alley and Lot 1, North
00-14'13" West a dlstance of 16.67 teet; thence forth 37-59'11"
East a distance of 138.66 teet, thence South 82-$8'39" East a
distance ot 23.32 feet to the northerly 11ne of sald Lot 3;
thence along said northerly I1ne, south 52-00'49. East a distance
of 37.77 te.~ ~o the POINT 01' BEGINNING.
Containing 12,155 square f~
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