Backup Documents 09/08/2020 Item #16F1-c (08/11/2020 in Absentia) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 F 1 C
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. Jennifer A. Belpedio, Assistant County County Attorney
Attorney, County Attorney's Office $ 1l*Dap
2. Leo E. Ochs, Jr., County Manager County Manager's Office ' ?. 453 ,20
3. Minutes and Records Clerk of Court's Office qi/vpD
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 239-252-8073
Contact/Department
Agenda Date Item was August 11,2020 r& 4&Cyr Agenda Item Number Absentia BCC Meeting
Approved by the BCC l aC5.13 t 4 F I C
Type of Document Easement Agreement Number of Original 1
Attached Documents Attached
PO number or account N/A
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. (Initial) Applicable)
1. Does the document require the chairman's original signature? 5�.� OK N/A
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 d""'J
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 SS
signature and initials are required.
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 August 11,2020,and all changes made SS
during the meeting have been incorporated in the attached document. The 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 lN`
Chairman's signature.
1: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 1 b F i C
TO: Minutes & Records Management
FROM: Sonja Stephenson, Real Property Management
DATE: August 12, 2020
RE: Easement Agreement— Olde Cypress
The easement agreement was approved on 8-11-2020 at the Absentia BCC Meeting.
Attached is the original Easement Agreement for attestation.
Please attest to County Manager Leo E. Ochs, Jr. signature on the document.
Please contact me if you have any questions or comments at Extension 8073.
Thank you.
16F1C
MEMORANDUM
Date: September 11, 2020
To: Sonja Stephenson, Sr. Property Acquisition Specialist
Real Property
From: Teresa Cannon, Sr. Deputy Clerk
Minutes & Records Department
Re: Easement Agreement— 2415 Logan Blvd.
Folio #64625000285
Attached is a copy of the agreement referenced above, (Agenda Item #16F1c) approved
by the Board of County Commissioners on Tuesday, September 8, 2020.
If you have any questions, please feel free to contact me at 252-8411.
Thank you.
Attachment
16F1C
PROJECT Logan Blvd FM
ADDRESS 2415 Logan Blvd
FOLIO No 64625000285
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafte- -eferred to as the "Agreement") is made
and entered into on this \ day of 2020. by and between OLDE
CYPRESS MASTER PROPERTY OWNERS INC.. a Florida not-for-
profit corporation (hereinafter referred to as "Owner") whose mailing address is CIO
Alliant Property Management. LLC a Florida limited liability company 3831 Vector
Ave Fort Myers FL 33907. 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 has requested that Owner convey to the County a perpetual.
non-exclusive easement for utility purposes including but not limited to installing a 12-
inch Force Main. operating maintaining repairing 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 Owner desires to convey the Property 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
(S10 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 to County for the sum of S2 350. 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 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 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
3 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
I6F1C
Easement Aareemer•
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
4 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
5. Owner represents that the property underiying 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 violatior 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 or the property underlying
the Easement. b) any existing or threatened environmental lien against the
property underlying the Easement- or cf 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
6 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
Owner's representation under Section 5 This provision shall survive Closing and
is not deemed satisfied by conveyance of title.
7 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 mortgages) recorded against the property underlying the Easement from the
mortgagee(s). The cost of a title commitment shall be paid by County
8 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
I6F1C
Easement Agreement .;age
9 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
10 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 neld 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
11 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
this I Lf` day of 2020
Date Easement acquisition approved by BCC ilr;is� //� 202o
AS TO COUNTY
DATED' 9'$• )O
ATTEST BOARD OF COUNTY COMMISSIONERS
CRYSTAL K .KIN7EL Clerk COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY .. OF COLLIER
•
COUNTY AND AS EX--QFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER t STR(CT
;attest as to Chs
signature only. BY -4""da—
Burt L. Saunders Chairman
Approved in absentia per Resolution
2000-149 on 3- 1( •�p
By: c'
Leo E. Ochs, Jr. o ty Manager
16F1C
Easement Agreement Page 4
AS TO OWNER:
DATED : Tu ly 24, 2c2c
OLDE CYPRESS MASTER PROPERTY
OWNERS ASSOCIATION, INC.,
a Florida not-for-profit corporation
QACtly
fitness (Signature
me j3(t or T pe1
(Ze-
By
NEIL SELVIN, its President
fitness (Signature)
-YI
Name(Print or Type)
Approved as to form and legality
Jennifer A Belpedio Ass nt County Attorney L ) aC��
(t ,i";�
l6F1C
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16F 1 C
PROJECT: Logan Blvd. FM
ADDRESS: 2415 Logan Blvd. INSTR 5918195 OR 5811 PG 1176
FOLIO No: 64625000285 RECORDED 9/3/2020 1 34 PM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
INSTR 5923066 OR 5815 PG 3024 COLLIER COUNTY FLORIDA
RECORDED 9/15/2020 10 23 AM PAGES 3 RE-RECORD DOC@.70$16.80 REC $27 00
CLERK OF THE CIRCUIT COURT AND COMPTROLLER CONS$2,350 00
COLLIER COUNTY FLORIDA
REC$27 00
UTILITY EASEMENT
THIS UTILITY EASEMENT, made and entered into this 3 day of
(5-GPTEMBE , 2020, by OLDE CYPRESS MASTER PROPERTY OWNERS
ASSOCIATION, INC., a Florida not-for-profit corporation, whose mailing address is C/O
Alliant Property Management, LLC, a Florida limited liability company, 13831 Vector Ave.,
Fort Myers, FL 33907, as Grantor, to 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, whose mailing address is 3335 Tamiami Trail East, Suite
101, Naples, FL 34112, its successors and assigns, as Grantee.
(Wherever used herein the terms"Grantor"and"Grantee"include all the parties to this instrument and their respective heirs,
legal representatives,successors or assigns.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its
successors and assigns, a perpetual, non-exclusive easement, license, and privilege for
utility, access and maintenance purposes, on the following described lands located in
Collier County, Florida, to wit:
See attached Exhibit "A" which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land, excavate, and place or remove materials including, but not limited
to, utility lines and pipes, and other equipment or improvements appurtenant thereto or
thereunder for the purpose of constructing, operating, maintaining, and accessing utility
facilities thereon. Grantor and Grantee are used for singular or plural, as the context
requires. The easements granted herein shall constitute easements running with the land
and shall burden the lands described above.
THIS CORRECTIVE UTILITY EASEMENT SHALL THIS CONVEYANCE ACCEPTED BY THE
REPLACE THE UTILITY EASEMENT RECORDED ON BOARD Of COUNTY CONMISSIONERS,
SEPTEMBER 3, 2020 IN O.R. BOOK 5811, PAGE 1176, OF COLLIER COUNTY, ORIDA,
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, PURSU r
AND TO ADD THE CONVEYANCE ACCEPTANCE STAMP DATED: • ITEM 100.1
STATING BCC APPROVAL DATE AND ITEM NUMBER.
16F1 C
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
OLDE CYPRESS PROPERTY OWNERS
MASTER ASSOCIATION, INC.,
a Florida not-for-profit corporation
BY:
Xidp ,
Witn ss(signature) NEIL SELVIN, its President
Sol) 51c1O htv..r 'L Or
Name(Print o Type)
itne'�s i nat r
( 9 u� 4,0/1/y
ie/
..._
X AIIMIiripAy
Name(Print or Type)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Utility Easement was acknowledged before me by means of Z physical presence
or ❑ online notarization this day of Fku u�k , 2020 by Neil Selvin, as its
President, on behalf of Olde Cypress Master ProOtrty Owners Association, Inc., a Florida not-for-
profit corporation. Such person(s) Notary Public must check applicable box:
❑ are personally known to me.
❑ produced her current driver license.
'® produced F L DI._. as identification.
(Ncjrx SPaD // II
`t'v .: SONJA STEPHENSON Not./ " . i c
*• :►_ MYCOMMSSION9GG945549 , Printed Name of Notary: sow SteP hen,50rLi
% �4`�°`• EXPIRES:January 25,2024 Commission Number: U t�SS4' at
''?er:r;e'' Bonded Thru Notary Pubic Underwraers
My Commission Expires: I—2.5-2.4
Approved as to form and legality:
Jen A. Belpedio, As t County Attorney ..,)..\
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16F 1 C
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