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Backup Documents 11/12/2019 Item #16A22 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. County Attorney Office County Attorney Office -Z-M) t111L11 T 3. BCC Office Board of County UPA l l "� r0 Commissioners 4. Minutes and Records Clerk of Court's Office 044 ypi III 01 11 PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff Sonja Stephenson Phone Number 252-5880 Contact/Department Agenda Date Item was November 12,2019 / Agenda Item Number l6Aca Approved by the BCC ‘/ Type of Document AgreementJ Number of Original 2 — l e-5=\CAN Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. 1 � Initial A licable 1. Does the document require the chairman's original signature? U X 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. X Needs Clerk's attestation 3. Original document has been signed/initialed for legal sufficiency. (All 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. X 4. All handwritten strike-through and revisions have been initialed by the County Attorney's X Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. X 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. X 7. In most cases(some contracts are an exception),the original document and this routing slip X should be provided to the County Attorney Office at the time the item is input into SIRE. 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 r deadlines! 8. The document was approved by the BCC on 11-12-1 nter date)and all changes made during the meeting have been incorporated in the attached document. The 3 61,5 County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 (3\4„.._ Q1S\--)N. • 1 6 A 2 2 PROJECT: 99999 — Miscellaneous Project PARCEL No(s): 445DE FOLIO No(s): 48171800007 AGREEMENT THIS AGREEMENT (hereinafter eferred tQ as the "Agreement") is made and , entered into on this "I'A day of I6y�!� � , 2019, by and between LINDA WILLIAMS, single woman, to Collier County, a political subdivision of the State of Florida, whose mailing address is 2613 Gulfview Dr., Naples, Florida 34112-5829, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a Drainage Easement over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. 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 is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall convey the Easement to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a properly executed easement instrument) is hereinafter referred to as the "Closing." Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide 1 6 A 2 2 County with a copy of any existing title insurance policy and the Closing Documents, properly executed, witnessed, and notarized where required, in a form acceptable to County. 3. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. CURATIVE INSTRUMENTS AND PROCESSING FEES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement. County shall have sole discretion as to what constitutes "reasonable processing fees." 5. EFFECTIVE DATE - 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/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this 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. 7. VENUE - 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 Agreement on the date first above written. AS TO COUNTY: DATED: ti \l .. 1� ATTEST: BOARD OF QTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLI r t$NTY, •RID Circuit Court & Comptroller • 4011 BY:: BY: RIM tO Cliait1 1p eputy Clerk William L. McDaniel, Jr., Chairman signature only. S 16A22 A2 AS TO OWNER: DATED: A . , // At 4,1 Witne s (Signature) INDA WILLIAMS 9 & k 57) Name (Print or Type) L/ Wit isrs (Signature) LAN 14 Name (Print or Type) Approved as to form and legality: Jennifer A. Belpedi Assistant County Attorney Last Revised 6/24/2019 1 6 A2 2 PROJECT NO. Misc. Project- 99999 EXHIBIT PROJECT PARCEL NO. 445OE 4= PARENT TRACT FOLIO NO48171800007 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The Southerly 10 feet of Lot 12, Block 3 of Gulf Shores as recorded in Plat Book 4, Page 50, of the Public Records of Collier County, Florida. _____� ___ - . ' \ ' • `` ` . / Williams ,- ( tStufware OA i'' / — - SKETCH NOT TO SCALE 1 6 A2 2 PROJECT: 99999 PARCEL No(s): 446DE FOLIO No(s): 48171840009 AGREEMENT THIS AGREEMENT Aereinaftsk Aeferred to as the "Agreement") is made and entered into on this 0, day of oWNw4,..th , 2019 by and between LOUIS WESTON AND ANITA WESTON, husband and wife, whose mailing address is 2654 Gulfview Dr., Naples, FL 34112-5871 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a Drainage Easement over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. 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 is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner's existing driveway shall be allowed to remain in the Easement and County shall take reasonable steps to repair any damage to the driveway caused during the construction of any drainage facilities within the Easement. 3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall convey the Easement to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a properly executed easement instrument) is hereinafter referred to as the "Closing." Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their 16A22 2 recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the Closing Documents, properly executed, witnessed, and notarized where required, in a form acceptable to County. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 5. CURATIVE INSTRUMENTS AND PROCESSING FEES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement. County shall have sole discretion as to what constitutes "reasonable processing fees." 6. EFFECTIVE DATE - 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/or assignees, whenever the context so requires or admits. 7. ENTIRE AGREEMENT - Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this 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. 8. VENUE - 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 Agreement on the date first above written. 16A22 AS TO CO NTY: DATED: acLe ATTEsT: BOARD OF C. NTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER Cg, '" - •RIDA Circuit Court & Comptroller ~ - BY: , BY: AtteiiiiVidtfiltnien's iliam L. McDaniel, Jr., Chairman AgiglaeteAR: DATED: /-\ 1.--(7( 4-Q. Witnesser-(-Vignature) . LOOS WESTON ,,e:Lictl Name (Print(Prin,or Type) 14k144-4103-'- vitness (Signature) ey citLy h Name (Print or Type) Witness (4nat /4 Ure) „)Th A ItT A W -I 0 N L 14 /./ Lncylk,-4- Name (Prir)t"or Type) (3et.etircit. fitness ignature) 43e Kt/ay r Name (Print or Type) Approved as to form and legality: \C- Jenni -r A. Belpedio Assistant County Attorne' Last Revised 6/24/2019 (2) 1 6 A2 2 PROJECT NO. Misc. Project- 99999 PROJECT PARCEL NO. 446DE PARENT TRACT FOLIO NO. 48171800009 EXHIBIT LEGAL DESCRIPTION & SKETCH pallU (NOTA SURVEY) The Northerly 10 feet of Lot 13, Block 3 of Gulf Shores as recorded in Plat Book 4, Page 50, of the Public Records of Collier County, Florida. e f , 1 / f l 3v.f r d1sN �R. A Parcel 4461)1 Weston f t //'' SKETCH NOT TO SCALE Collier County Growth Management Department Transportation Engineering Division 08/07/19 7.53 AM