Backup Documents 07/28/2009 Item #16D 5
ORIGINAL DOCUl\1ENTS CHECKLIST & ROUTING S4IZ. 0 5
" TO ACCOMPANY ALL, ORIGINAL DOCU1\1ENTS SENT TO~ U
. TEE BOARD OF COUNTY COl\1M1SSIONERS OFFICE FOR SIGNATURE
, Print 011 pink papa, Att1ch to origin:1l d.cx:xmlI:nt. Origilul rllY'lm""rr.should be h.a.od dcli.vered. to me Board Office.. The-complW:d routing slip :1lld origi.n:U
dtnn<l"" III are to be.:futwardc:d to dl.e Board Offio: only !:Ckt tb.e Boatd has taken. acrion. OIl d1e item..) , " . , ,.", "
::. .. ," ROUTING SLIP ' ......
"Campletc routing .lit1.d #1 through #4 ;u ~ fur a.d.di.da:1aI si~ ds.td, mdlor infoa:oa!ion n.eeded..1f dl.e rl~~r' i.s ili=iy CllLIlplc:te with the'
don of'th.e C""n-m:m's si draw a line lbroa rol1lin Jines #1 tbrou #4, eompL::tz:. t.b.e d1.ectlisc md forward !Xl Sue- FiJsan (I1nt: 11:5). '
Route to Addressee{s) , Office Initials, Date
(Li3r in IOlltin order)' . .. '; :.,,-:
1.
2.
3. ,.
5.' S'l~ FIkon. Executive Manager Board of County Commissioners
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6. Wnutes and Records Cle:clc of Court's Office -
PRJl\.1ARY CONTACT' INFORl\1A nON
('I'b.c pri:m:u'y C011C1Ct is lhe bolder of au: original documcI1t pending Bee approvul. Nonmny tb.c primary == i:J we p=on who. =r.cdIpn:parcd lhe c:x=dvc
Sl11l:Il:lWY. Primary =C1a infcrmalion i.s tu::eded in the event one o{ lhc: 0Idrl== above. including Sue filson.. nced !Xl cpn= staff fat additiozW or lI1iss:ing
infoamllioa. All origiIuU doc:um=lr:s needing au: Bee Q.airm;m's signa== (lJ be d.eiivaed (lJ lhc: ace otnc:.= only il.fi:.e:' tl1c ace Jw as:::t:::d.to approve: rhc
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Name of Primary Staff Phone Number 01: '1 ')/ '-r\
Contact O\::.J 0( - ()(l,OOC7'
Agenda Dace Item was Agenda Item Number I - 1'\ 5
A roved b theBCC W ~
Type of DocUIncot Number of Original \
Att.n.ched Documents Attached
INSTRUCTIONS & CHECKLIST
.Initial the Yes column or mark "'N/A" in the Not Applicable column. whichever is Yes NlA (Not
~ (Ini tiaI) lica.ble)
1.. Original document has been signedimitia.1ed fur legal sUfficiency. (All documents to be ' .
signed by the, Chai:rman. with the exception ot most letters:. must be revieWed. and signed ~'
oy the Office of the County Aw:rmey. This includes signal:l..lrC pages from orciinances.
r=olutio~ etc. signed by the Cou,nty A.1.tJ:;rrJey's Office and signature pages from
contracts., agreements., etc. chat have been fully ~ by all parties except the BCe
0Ia.irman and C1cd: to the Board and ssibf State Officials.)
2. AIl handwrittcn.strike-tbrougb. and revisions have been initialed. by the County ~rney.' s N A.
Office and all other artics e t the BCC Chairman and the Ocrk to the Board
3. The Cbainpan's signature line date bas been entered a.'5 the date ofBCC approval of the
document or the final De tiated contract date whichever is licable.
4. ''"Sign here" tabs arc placed on the appropriate pageS indicating where the Chairman's
si' and initia.l5 are r
5. In rilost Cases (some contracts arc an exception), the original document and this routing slip ,
should be provided to Sue Filson iIl the Bee office within 24 hours ofBCC approval. W?r
Some documents arc time sensitive and require: "'forwarding to Tal1ab.assee within a certain '"1
time frame or the BCe's actioos are nullified.. Be aware of our dea.dlines! '
6. The docwnent was approved by the ~CC on . (enter, date) and all changes ~'.
, made during the meeting have been Incorporated In the attached document. The V'U
Conn ttorn 's Office h.a.s renewed th.e es., if a licable.
,.
l: FormsI Coun.r:y For=J Bee FonmI Origi=! IJocurn=c:s R.muing Slip WWS Origin.al9.03,04. R.t:visbi 1.26,0:5. Revi.1M 2..24,05
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16 [) 5
MEMORANDUM
Date: July 29, 2009
To: Sue Zimmerman
Real Estate Services
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Access Easement Agreement
Attached please find one original document, as referenced above
(Agenda Item #16D5), approved by the Board of County
Commissioners on Tuesday, July 28,2009.
Please forward for recording and return the fully executed orie:inal
to the Minutes and Records Department so that it may be kept as part
of the Board's permanent record,
If you should have any questions, please contact me at 252-8411,
Thank you.
Attachments
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16 [15
Prepared by and Return To:
Mark E. Adamczyk, Esq.
Peck & Peck, P.A.
5801 Pelican Bay Blvd., Suite 103
Naples, Florida 34108
ACCESS EASEMENT AGREEMENT
f1.-..:
This Agreement to Vacate Access Easement (the "Agreement") dated the 255 day of
S(.,..l ~ ' 2009, by and between DELASOL HOMEOWNERS ASSOCIATION, INC., a
Florid not-for-profit corporation ("Delasol"), with a maIling address of c/o Integrated Property
Management, 3435 10th Street North, Suite 201. Naples, Florida 34103, and COLLIER
COUNTY, FLORIDA, a political subdivision and County of the State of Florida ("County"),
with a mailing address of 3301 E. Tamiami Trail, Naples, Florida 34112.
WHEREAS, Delasol is the owner of the following real property located in Collier
County, Florida:
Tract "P-5", as shown on the plat of DELASOL PHASE TWO, a subdivision in Collier
County, Florida, according to the plat thereof recorded in Plat Book 41, Pages 51 through
55, inclusive, of the Official Records of Collier County, Florida.
WHEREAS, pursuant to the above-referenced plat, a twenty (20) foot access easement
over Tract P-5 was dedicated and conveyed to County to access Tract "U", said access easement
being more particularly shown as "20' A.E," in Plat Book 41, Page 55, and in the Warranty Deed
dated October 16, 2006 and recorded in O.R. Book 4165, Page 122, all of the Official Records of
Collier County, Florida (hereafter referred to as the "Access Easement"); and
WHEREAS, County has conveyed said Tract "U" to Delasol by Quit Claim Deed dated
December 2, 2008 and recorded in O.R. Book 4418, Page 3296, of the Official Records of
Collier County, Florida; and
WHEREAS, Delasol has requested that the Access Easement be vacated, but County
wishes to retain a substantial portion of the Access Easement for public purposes on the terms
and conditions stated in this Agreement.
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants herein, the adequacy and
sv fficiency of said covenants having been acknowledged by all parties to this Agreement, the
parties hereby covenant and agree as follows:
1. The above-referenced recitals are true and correct.
2. The parties acknowledge and mutually agree that the Access Easement may not be used
by the public to access Tract "U" or any portion of the Delasol subdivision and may be
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used for public access to the following described parcel, subject to the limitations stated
below in Paragraph 3:
The South 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section
24, Township 48 South, Range 25 East, of Collier County, Florida (hereinafter referred
to as the "Conservation Parcel")
3. The County expressly agrees to the following terms and conditions regarding the use,
extent and duration of the Access Easement:
a. The County may use the Access Easement in a reasonable manner in connection
with the inspection and acquisition of the Conservation Parcel. If the County
acquires title to the Conservation Parcel, the County may retain a portion of the
Access Easement for public access to the Conservation Parcel and the
construction of related access facilities, provided that the County executes and
delivers to Delasol a quit claim deed conveying the North ten (10) feet of the
Access Easement to Delasol. Further, County agrees to be solely responsible for
any regulatory permits (including but not limited to new or existing
environmental resource and wetlands permits) needed for its use of the Access
Easement.
b. Notwithstanding anything stated in this Agreement to the contrary, if the County
does not acquire title to the Conservation Parcel within five (5) years of the date
of this Agreement, the County agrees to execute and deliver to Delasol a quit
claim deed conveying the Access Easement in its entirety to Delasol and remove
any temporary or permanent access improvements and repair any damage caused
by the County's use, at its sole cost and expense.
4. In the event of a default under this Agreement, the non-defaulting party shall be entitled
to pursue any legal or equitable remedies pursuant to Florida law, including an action for
specific performance or injunctive relief, Florida law shall govern this Agreement.
Venue for any proceeding to enforce this Agreement shall be in Collier County, Florida.
The prevailing party in any action to enforce this Agreement shall be entitled to recover
reasonable attorney's and costs so incurred.
5. This Agreement shall be binding upon, and shall inure to the benefit of the interested
persons and their respective successors, assigns, heirs and representatives.
6. This Agreement is intended to become effective immediately upon being recorded within
the Public Records of Collier County, Florida,
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DATED: 1-r'Z-~ lcCJ BOARD OF COUNTY COMMISSIONERS OF
ATTEST: COLLIER COUNTY, FLORIDA
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@Q,:.;.."'~": f4k By:
.~ .; :~tUlt.' ~~~~ I ' Chairman
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Witnesses:
AJI(f Delasol Homeowners Association, Inc" a
Florida non-profit corporation
(((xGv v'l-! J' S' /? (.), \"A....:; -(
Print NlllJje ~ By:
Name:
~-d6 /~~ Title: .
~.., -:;;7
;(.4--;r,4?LcePtJ .r: ,S~/.fcL~jl
Print Name
Approved as to form and legal
sufficiency:
,) -ol, ;4- UrO @
eidi ~shton-Cicko
Assistant County Attorney
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