Backup Documents 02/25/2020 Item #16C 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 C 1
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 routingzlines#1 through#2,complete the checklist,and forward to the County Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney
Q 'dSI.2A,20
2. BCC Office Board of County `, `-/J ��_�
Commissioners �
3. Minutes and Records Clerk of Court's Office f41„(_ _
PRIMARY CONTACT INFORMATION �j�%V
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 Cindy M. Erb Phone Number 239-252-8917
Contact/ Department
Agenda Date Item was Agenda Item Number
Approved by the BCC a a151.2 0c2 o 'A C
Type of Document '� � � Number of Original
6
Attached o..ze me � Z t- Documents Attached
PO number or account r
number if document is t
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. (Initial) Applicable)
1. Does the document require the chairman's original signature? 5. 0,( — Cpm
2. Does the document need to be sent to another agency for additional signatures? f yes, N/A
provide the Contact Information(Name; Agency; Address;Phone)on an attached sheet.
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.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
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 N/A
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CJ
signature and initials are required. C
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
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 your deadlines! —
8. The document was approved by the BCC on (2)aS)a D a.-0 ,and all changes N/A is not
made during the meeting have been incorporated in the attached document. The CM an option for
County Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the ., N/A is not
BCC, all changes directed by the BCC have been made,and the document is ready for the cr ► an option for
Chairman's signature. this line.
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
Memorandum 16 C 1
TO: Minutes & Records
FROM: Cindy Erb, Property Acquisition Specialist, Sr., Real Property Management
DATE: February 25, 2020
RE: I-75/CR951 Utility Relocation — White Lake Commons Association, Inc.
This item was accepted by the BCC on February 25, 2020, Agenda Item 16C1.
Please attest to Commissioner Saunders' signature as Chairman on the Easement
Agreement. Once attested, please forward a copy of the Easement Agreement, by email, for
my files.
Please contact me if you have any questions or comments at Extension 8917.
Thank you!
16Ci
MEMORANDUM
DATE: February 27, 2020
TO: Cindy Erb, Sr. Property Acquisition Specialist
Facilities Management Department
FROM: Teresa Cannon, Sr. Deputy Clerk
Minutes and Records Department
RE: Easement Agreement w/ White Lake Commons Association, Inc.
I-75/CR 951 Utility Relocation Project
Folio #81790000180
Attached for your records is a scanned copy of the document referenced above,
(Items #16C1) approved by the Board of County Commissioners on Tuesday,
February 25, 2020.
The Minutes and Records Department will keep the original for the Board's
Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
16 C1
PROJECT: I-75/Collier Boulevard Utility Relocation Project
FOLIO: 81790000180
Accepted by BCC pursuant to Resolution 2019-126&CWS Resolution 2019-03
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this ,2,51''
..5r day of , 2020, by and between
WHITE LAKE COMMONS ASSOCIATION, INC., a Florda not-for-profit corporation,
whose mailing address is 2180 West SR 434, Suite 5000, Longwood, FL 32779,
(hereinafter referred to as "Owner"), 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, (hereinafter referred to as "County"), whose
post office address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112.
WHEREAS, County requires a perpetual, non-exclusive easement for utility
facilities and maintenance purposes 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;
WHEREAS, County has requested that Owner grant to the County a temporary
construction easement for the purpose of access, and right to enter over, upon and
across the lands described in Exhibit "B" (said Temporary Construction Easement
hereinafter referred to as the "TCE"), which is attached hereto and made a part of this
Agreement.
WHEREAS, Owner desires to convey the Property and TCE to County for the
stated purposes, on the terms and conditions set forth herein; and
WHEREAS, County has agreed to compensate Owner for conveyance of the
Easement;
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. Owner shall convey the Easement and grant the TCE to County for the sum of
One Thousand Six Hundred Twenty-Five and 00/100 Dollars ($1,625.00),
payable by County Warrant (said transaction hereinafter referred to as the
"Closing"). Said payment shall be full compensation for the Easement conveyed,
including all landscaping, trees, shrubs, improvements, and fixtures located
Easement Agreement Page 2 1 6 0 1
thereon, and for any damages resulting to Owner's remaining lands, and for all
other damages in connection with conveyance of said Easement to County.
2. County shall provide to Owner or Owner's Representative at Closing an amount
not to exceed Five Hundred Dollars and 00/100 Dollars ($500.00) allowance
towards the cost of reasonable attorney fees.
3. Prior to 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.
Owner shall provide such instruments, properly executed, to County on or before
the date of Closing.
4. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within ninety (90) days from the date County executes this
Agreement; provided, however, that County shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, properly
executed, which either remove, release or subordinate any and all such liens,
encumbrances or qualifications affecting County's enjoyment of the Easement. At
Closing, County shall deliver the County Warrant to Owner and Owner shall
deliver the conveyance instrument to County in a form acceptable to County.
5. Owner is aware 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.
6. Owner represents that the property underlying the Easement, and all uses of the
said 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 underlying the Easement
except as specifically disclosed to the County; that the Owner has no knowledge
of any spill or environmental law violation on the property contiguous to or in the
vicinity of the Easement to be sold to the County, that the Owner has not received
notice and otherwise has no knowledge of: a) any spill on the property underlying
the Easement; b) any existing or threatened environmental lien against the
property underlying the Easement; or c) any lawsuit, proceeding or investigation
regarding the generation, storage, treatment, spill or transfer of hazardous
substances on the property underlying the Easement. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
7. Owner shall indemnify, defend, save and hold harmless the County against and
from, and to reimburse the County 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 County by reason or arising out of the breach of
Easement Agreement Page 3 C i
Owner's representation under Section 5. This provision shall survive Closing and
is not deemed satisfied by conveyance of title.
8. The County shall pay for all costs of recording the conveyance instrument 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 for any curative instruments shall be borne and paid by
Owner. Owner shall be responsible for paying any costs and/or fees associated
with securing and recording a Subordination, Consent & Joinder of Easement of
the mortgage(s) recorded against the property underlying the Easement from the
mortgagee(s). The cost of a title commitment shall be paid by County.
9. 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.
10. Conveyance of the Easement by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; 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.
11. If the Owner holds the property underlying the Easement 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 every person having a beneficial interest in the property underlying the
Easement before the Easement held in such capacity is conveyed to County, its
successors and assigns. (If the corporation is registered with the Federal
Securities Exchange Commission or 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.)
12. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Easement Agreement Page 4 1 6 C 1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this 29 day of January , 2020,
Date Easement acquisition approved by BCC: July 9, 2019 Agenda Item # 16C11
AS TO COUNTY:
DATED: ,;2),,25TARC
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF : COLLIER
COUNTY AND AS • EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
•�, • COUNTY WATER-SEWER DISTRICT
Attest as to ( jolerk
• signature only.
Approved as to form and legality: BY: i Yf
Burt L. Saunders., Chairman
Jennife7A, Belpedio,Assis nt County Attorney
AS TO OWNER:
DATED : 29 January 2020
7Z' WHITE LAKE COMMONS ASSOCIATION,
Witness(Signature) INC., a Florida not-for-profit corporation
Rachael Bender
Name(Print or Type)
/7 f/ tf
St phe Bender, it(President
Witness(Signature)
David Bender
Name(Print or Type)
LEGEND xx 11
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C.U.E.= COUNTY UTILITY EASEMENT w p, 1 6 C1
D.E. = DRAINAGE EASEMENT ��^( i cc Z w
FP&L = FLORIDA POWER & LIGHT COMPANY Lw &H 1 BIT / t0 E N, .-W K
L.B.E.= LANDSCAPE BUFFER EASEMENT , `
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OR = OFFICIAL RECORDS BOOK I / F U&. O g w -
PB = PLAT PG = PAGE BOOK g e of .-----, O qw Idu i r O tla ai
POB = POINT OF BEGINNING v F 5 �QQ' i
POC = POINT OF COMMENCEMENT U' (7 Q
PUE = PUBLIC UTILITY EASEMENT U tr
UE = UTILITY EASEMENT U
POC DESC.
N89'00'011' 15.01'
DESCRIPTION NW CORNER OF
N89.00'01"E 5.00"
A TRACT OR PARCEL OF LAND LYING IN TRACT 'D'; WHITE LAKE
CORPORATE PARK AS RECORDED IN PLAT BOOK .31, PAGES 26-28,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID TRACT IS MORE PO8DESC.
PARTICULARLY DESCRIBED AS FOLLOWS: I
COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT "D" THENCE o
N.89'00'01"E., ALONG THE NORTH LINE OF SAID TRACT "D" FOR 15.018
FEET TO THE NORTHEAST CORNER OF A 15 FOOT WIDE COUNTY UTILITY w, -,
EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 3900, PAGE u`.
1434, SAID PUBLIC RECORDS AND THE POINT OF BEGINNING OF THE `
HEREIN DESCRIBED PARCEL; a
a
THENCE CONTINUE N.89'00'O1"E., ALONG SAID NORTH LINE FOR 5.00 • 1
FEET; _ T g r
THENCE S.00.48'46"W., DEPARTING SAID NORTH LINE FOR 724.82 FEET x I\ oo Y
TO AN INTERSECTION WITH THE SOUTH CURVED BOUNDARY OF SAID 0,.;p
TRACT 'D'; a gw o
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THENCE NORTHWESTERLY 5.81 FEET ALONG SAID ARC OF A 0
NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2,700.79 a 18' F 5. W
FEET THROUGH A CENTRAL ANGLE OF 00'07'24" AND BEING SUBTENDED I-
o Ow,
BY A CHORD WHICH BEARS N.58'37'00"W. FOR 5.81 FEET TO AN _z Oh,"
INTERSECT/ON WITH THE EAST LINE OF SAID 15 FOOT WIDE COUNTY2g •
UTILITY EASEMENT; tW a m I ro
THENCE N.00'48.46"E. ALONG SAID EAST LINE FOR 721.71 FEET TO THE ` I n
POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; I 3 3
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CONTAINING 3,616 SQUARE FEET OR 0.08 ACRES, MORE OR LESS. r o
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BEARINGS MENTIONED HEREINABOVE ARE BASED ON THE NORTH LINE I o o r',
OF SAID TRACT "D" TO BEAR N 89.00.01"E. 2 ^ N
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EASEMENT
NOTES: a F OR 681, PG
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SUBJECT PARCEL. 10' L.B.E
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SKETCH AND DESCRIPTION DRAWN BY: TJD 1
CHECKED BY: DLS v-
5'
5'WIDE COLLIER COUNTY UTILITY EASEMENT JOB CODE: CCU257
LYING IN TRACT"D"
WHITE LAKE CORPORATE PARK SCALE: 1"=100' N
PLAT BOOK 31,PAGES 26-28 DATE 1212112018
SECTION 35,TOWNSHIP 49 SOUTH,RANGE 26 EAST FILE: CCU257Li
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LEGEND
C.U.E.= COUNTY UTILITY EASEMENT a 'I w a
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D.E. = DRAINAGE EASEMENT �,M+ R w O„ K w
DESC.= DESCRIPTION i 1 V 2 UJ 6 co w CC Ll
FP&L = FLORIDA POWER & LIGHT COMPANY -2=
L.B.E. = LANDSCAPE BUFFER EASEMENT 'qe. 1 r)f . ./ .,. 0 4y : F-a
OR = OFFICIAL RECORDS BOOK 0 W a' 0 0 W
PB = PLAT BOOK -,i-K 8 U
PG = PAGE 6, W m Q a i
FOB = POINT OF BEGINNING >.w 5 1 (.3 '
POC = POINT OF COMMENCEMENT C) y
PUE = PUBLIC UTILITY EASEMENT U I F
UE = UTILITY EASEMENT
POC DESC. -*_---�- "
NW CORNER OF
N89'00'01"E
E
` — TRACT"D' 20.07'
DESCRIPTION
A TRACT OR PARCEL OF LAND LYING IN TRACT 'b'; WHITE LAKE N89'00'OI"E 20.07'
CORPORATE PARK AS RECORDED IN PLAT BOOK 31, PAGES 26-28, POB DESLC.
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID TRACT IS MORE v I
PARTICULARLY DESCRIBED AS FOLLOWS: N i-
COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 'D" THENCE < O
L,.; J
U 2
NORTH 89'00'01'" EAST, ALONG THE NORTH LINE OF SAID TRACT D"
FOR 20.01 FEET TO THE POINT OF BEGINNING OF THE HEREIN -m
DESCRIBED PARCEL; a 1
a
THENCE CONTINUE NORTH 89'00'01" EAST, ALONG SAID NORTH LINE - T Iw••
FOR 20.01 FEET - r
i\ Pi 0 Pe THENCE SOUTH 00'48'46" WEST, DEPARTING SAID NORTH LINE FOR
737.13 FEET TO AN INTERSECTION WITH THE SOUTH CURVED BOUNDARY a I O,a 0
OF SAID TRACT "D';
THENCE NORTHWESTERLY 23.16 FEET ALONG THE ARC OF SAID §¢' I `
WM S
NON-TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 2,700.79 4Oa I ---, -i' W'
FEET THROUGH A CENTRAL ANGLE OF 002928" AND BEING SUBTENDED 0 Own
BY A CHORD WHICH BEARS NORTH 58'55'26" WEST FOR 23.7 6 FEET; J 06
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IN
THENCE NORTH 00'48'46- EAST, DEPARTING SAID SOUTH BOUNDARY OF 5" 1 L.3 "?
CO
SAID TRACT "0" FOR 724.82 FEET TO THE POINT OF BEGINNING OF F' I ,^-) o
THE PARCEL DESCRIBED HEREIN; N
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CONTAINING 14,620 SQUARE FEET OR 0.34 ACRES, MORE OR LESS I v m ti
BEARINGS MENTIONED HEREINABOVE ARE BASED ON THE NORTH LINE ___ a ro
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2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS I =:
TO ZONING OR DEVELOPMENT RESTRICTIONS ALONG THE h
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CHORD=23.16' RST,gT 4O) °``wgRO
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SKETCH AND DESCRIPTION DRAWN BY: TJD I
CHECKED BY: DLS
20'WIDE TEMPORARY CONSTRUCTION EASEMENT JOB CODE: CCU257GI
LYING IN TRACT"D" rn
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PLAT BOOK 31,PAGES 26-28 DATE: 02/18/2018 N
SECTION 35,TOWNSHIP 49 SOUTH,RANGE 26 EAST FILE: CCU257Li
COLLIER COUNTY,FLORIDA De, 1 OF 1 ct
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