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Backup Documents 09/22/2020 Item #16C 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 C 6 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 P-ecordir-A 17?-51a9ao 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, Asst. County Atty. County Attorney County Attorney's Office (-. _CAR, cl 1�2 I 6 2. BCC Office Board of County r.Z5no b Commissioners J}� ) 9-94.a) 3. Minutes and Records Clerk of Court's Office YU 9Iait2c90 a-:uu Pht 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 Toni A. Mott Phone Number 239-252-8780 Contact/ Department Agenda Date Item was September 22,2020 Agenda Item Number 16.C.6 Approved by the BCC Type of Document Partial Release of Access License Number of Original 1 Attached Agreement 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? CR4- TAM 2. Does the document need to be sent to another agency for additional signatures? If 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 C,0.(\ signed by the Chairman,with the exception of most letters,must be reviewed and signed < by the Office of the County Attorney. �e 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 16 document or the final negotiated contract date whichever is applicable. rks "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TAM 2i(1/414-1 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 September 22,2020,and all changes TAM made during the meeting have been incorporated in the attached document. The ' County Attorney's Office has reviewed the changes,if applicable. _ .1.1., 9. Initials of attorney verifying that the attached document is the version approved by the k BCC,all changes directed by the BCC have been made,and the document is ready forth ' s 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 1 6- C 6 Martha S. Vergara From: MottToni <Toni.Mott@colliercountyfl.gov> Sent: Friday, September 25, 2020 12:10 PM To: Martha S. Vergara Subject: RE: Partial Release of Access License Agreement - Minto Sabal Bay, LLC & Isles of Collier Preserve Property Owners Association, Inc. Hi Martha,yes, Roosevelt is on his way over to pick up. Thank you for catching that. Much appreciated. Have a nice weekend. Toni From: Martha S. Vergara <Martha.Vergara@collierclerk.com> Sent: Friday, September 25, 2020 12:09 PM To: MottToni <Toni.Mott@colliercountyfl.gov> Subject: Partial Release of Access License Agreement- Minto Sabal Bay, LLC& Isles of Collier Preserve Property Owners Association, Inc. EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Toni, Just confirming per our phone conversation this morning, you will be picking up this agreement. Because there are no signatures from Minto Sabal Bay or Isles of Collier Preserve Property Owners Association. And you will forward the agreement for signature by them and recordation. Thanks, Martha Vergara BMR&VAB Senior Deputy Clerk t„11f Office: 239-252-7240 Fax: 239-252-8408 E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County � 3299 Tamiami Trail E, Suite #401 , Naples, FL 34112 www.CollierClerk.com i 16C 6 Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodeskLitcollierclerk_con quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 16C 6 Memorandum TO: Minutes & Records Management FROM: 4oni A. Mott, Manager, Real Property Management DATE: September 17, 2020 RE: Rookery Bay — Partial Release of Access License Agreement The Board of County Commissioners approved the recording of this document on September 22, 2020, Agenda Item 16.C.6. Attached is the original Partial Release of Access License Agreement for attestation. Please attest to Commissioner Saunders signature as Chairman on the document. A recording form is attached. Please contact me if you have any questions or comments at Extension 8780. Thank you. 16C 6 Prepared By and Return To: Steven J. Bracci,Esq. STEVEN J.BRACCI,PA 9015 Strada Stell Court,Suite 102 Naples,Florida 34109 Telephone: (239)596-2635 PARTIAL RELEASE OF ACCESS LICENSE AGREEMENT THE UNDERSIGNED, COLLIER COUNTY, a political subdivision of the State of Florida ("County"), whose mailing address is 3335 Tamiami Trail East, Suite 101,Naples,Florida 34112 MINTO SABAL BAY, LLC, a Florida limited liability company ("Minto"), whose mailing address is 4280 Tamiami Trail E, Ste 203/204, Naples, Florida 34112, and ISLES OF COLLIER PRESERVE PROPERTY OWNERS ASSOCIATION, INC., a Florida not for profit corporation (the "POA" and together with Minto, the "Owners"), whose mailing address is 2970 University Parkway, Suite 101, Sarasota, Florida 34243, do hereby agree as follows: WHEREAS,pursuant to an Access License Agreement dated December 13,2016,and recorded at OR Book 5346, Page 1641,Official Records of Collier County,Florida(the"Access License Agreement"), the County granted a non-exclusive revocable license in favor of the Owner,for the construction,operation and maintenance of a pedestrian sidewalk and bike path over, across and upon that portion of the County Property more particularly described in the Access License Agreement(the"License Area"); and WHEREAS,the Access License Agreement provides that the Owners have certain construction, maintenance, security,mitigation, indemnification and insurance obligations including,without limitation, those set forth in Sections 5,6,7,9, 10 and 11,respectively,of the Access License Agreement(collectively, the"License Obligations"); and WHEREAS, consistent with the "Sabal Bay MPUD" approved and adopted by the County pursuant to Ordinance No. 12-12, Minto intends to dedicate that certain portion of the Owners' Property more particularly described on Exhibit "A" hereto to the State of Florida for conservation purposes (the "Conservation/Release Parcel"); and WHEREAS, the Conservation/Release Parcel is distant from, and does not fall within the boundaries of the License Area, and WHEREAS, as a condition to the dedication of the Conservation/Release Parcel, the State of Florida has requested that the County release the Conservation/Release Parcel from the Access License Agreement so that it is clear that the License Obligations do not constitute obligations of the State of Florida as successor-in-interest to the Owners; and WHEREAS, the parties generally desire to accommodate the dedication of the Conservation/Release Parcel by releasing the Conservation Parcel from the Access License Agreement, NOW,THEREFORE,in consideration of the foregoing,and the sum of TEN DOLLARS($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each party,the parties hereto do hereby fully release the Conservation/Release Parcel from the Access License Agreement. O� v 16C 6 ndl IN WITNESS WHEREOF, this Release has been executed this day oftift. , 2020. AS TO COUNTY: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATTEST: CRYSTAL KINZEL, Clerk Burt Saunders, Chairman 1 ,,�.,:.: Depu er ert as to Chairman s signature only. APPROVED AS TO FORM AND LEGALITY: Day Jennifer A. Belpedio Spa Assistant County Attorney $ � 16C 6 AS TO OWNERS: WITNESSES: MINTO SABAL BAY, LLC, a Florida limited liability company By: (signature) Print Name; Its: (printed name) (signature) (printed name) STATE OF COUNTY OF The foregoing instrument was sworn to, subscribed and acknowledged before me by means of physical presence or online notarization, this _ day of , 20_, by , as of MINTO SABAL BAY,LLC, a Florida limited liability company, who is/are personally known to me or who has/have produced as identification. (seal) Notary Public Name: My Commission Expires: CW3 16C 6 WITNESSES: ISLES OF COLLIER PRESERVE PROPERTY OWNERS ASSOCIATION,INC., a Florida not for profit corporation By: (signature) Print Name; Its: (printed name) (signature) (printed name) STATE OF COUNTY OF The foregoing instrument was sworn to, subscribed and acknowledged before me by means of physical presence or _ online notarization, this day of , 20 , by , as of ISLES OF COLLIER PRESERVE PROPERTY OWNERS ASSOCIATION, INC., a Florida not for profit corporation, who is/are personally known to me or who has/have produced as identification. (seal) Notary Public Name: My Commission Expires: 16C b EXHIBIT"A" LEGAL DESCRIPTION OF THE CONSERVATION/RELEASE PARCEL Being a part of Sections 23, 25, 26. and 36, Township 50 South, Range 25 East, Collier County, Florida (Conservation Area 4) Beginning at the Northwest Corner of Section 36, Township 50 South, Range 25 East, Collier County, Florida; Thence along the south line of said Section 26, South 89°32'22" West 2,696.15 feet; Thence continue along said south line South 89°29'09" West 2,696.69 feet to the Southwest Corner of said section 26; Thence along the west line of said Section 26, North 00°22'46" East 2,689.10 feet; Thence continue along said west line North 00°22'20" East 2,690.20 feet to the Northwest Corner of said Section 26; Thence along the west line of said Section 23, North 00°06'08" West 669.97 feet to a point on the boundary of the waters of Tide Creek; Thence along the said waters of Tide Creek In the following five (5) described courses: 1. South 72°03'02" East 21.83 feet; 2. North 67°33'05" East 379.44 feet; 3. North 52°01'13" East 129.24 feet; 4. North 33°49'42" East 177.12 feet; 5. North 24°17'32" East 213.58 feet; Thence leaving said waters of Tide Creek, South 00°00'00" East 1,283.75 feet; Thence South 90°00'00" East 2,035.20 feet to a point on the west boundary of the plat of Naples Groves and Truck Co's Little Farms No. 2, as recorded In Plat Book 1, page 27 of the public records of Collier County, Florida; Thence along said west line South 00°20'27" West 1,270.25 feet to the Southwest corner of Lot 79 of said plat; Thence along the South line of said Lot 79 North 89°31'43" East 1,346.87 feet to the fractional corner of said Section 26 being the Northwest corner of the Northwest Quarter of the Southeast Quarter of the Northeast Quarter of Said Section 26; Thence along said fractional line South 00°19'29" West 671.99 feet to the Southwest corner of said fractional quarter; Thence along the south line of said fractional Quarter North 89°31'42" East 673.39 feet to the Northwest corner of Lot 81 of Said Naples Grove and Truck Co's Little Farms No. 2; Thence along the west line of said Lot 81 South 00°12'23" West 672.16 feet to the Southwest corner of said Lot 81; Thence along the south line of said Lot North 89°31 '43" East 672.16 feet to the East line of said Lot and the east line of said Section 26; Thence along said east line South 00°19'09" West 1,443.97 feet; Thence leaving said east line South 90°00'00" East 1,535.15 feet; Thence South 00°00'00" a West 644.53 feet; Thence North 90°00'00" East 2,595.79 feet; Thence South 00°00'00" East 1,605.88 feet; Thence South 89°28'26" East 1,180.89 feet to a point on the east line of said Section 36; 16C 6 Thence along said east line South 00°19'56" West 469.92 feet; Thence leaving said east line North 87°28'51" West 5,326.38 feet; Thence North 00°14'25" East 1,254.17 feet to the POINT OF BEGINNING. Containing 780.03 acres more or less. Bearings are based on the south line of said Section 26, being South 89°32'22" West. 16C 6 LZ— %i / a 8 g .1 1iiifillill 1 €_ iR a =' x ss' 2 e a= pia S{I. u to .cr• , L i rn j c 5 v e 2 C! • R 11 't pp v ffi .. .. v YC d___ a w r i ill g ,C 8 IE a- i f 41 :: iii ' cl .L or 0\ 6' . 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