Backup Documents 10/24/2023 Item #16C 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP S C 3
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. kiurif i A. Prelpeeko, Asst. County Atty. County Attorney County Attorney's Office'�onQldT.Tomr3I a R11
�b�2'�ZGJ3
2. BCC Office Board of County
Commissioners Ql 4/ 6/V Ioieriz 3
3. Minutes and Records Clerk of Court's Office /0* a 4
/D ? ?D-
PRIMARY CONTACT INFORMATI N
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 Debi Goodaker Phone Number 239-252-8922
Contact/ Department
Agenda Date Item was -9t tuba 11',2020' Agenda Item Number 16.C.3 #26820
Approved by the BCC t 0 Z N 123
Type of Document Easement Agreement Number of Original 1
Attached Documents Attached
PO number or account Acct: Fund , Cost Center RECORDING FORM
number if document is Object Code , Project ATTACHED
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? STAMP OKAY Yes
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 r�
signed by the Chairman,with the exception of most letters,must be reviewed and signed /` �1 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 DKG
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 October 24,2023,and any changes made N/A is not
during the meeting have been incorporated in the attached document. The County pi(t p, an option for
Attorney's Office has reviewed the changes,if applicable. tt 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 r(Ve 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
160 3
Memorandum
TO: Minutes & Records Management
FROM: Debi Goodaker, Real Property Management
DATE: October 24, 2023
RE: P.S. 308.08 (West Half of Utility Easement)
The Board of County Commissioners approved this transaction on October 24, 2023,
Agenda Item 16.C, Number 26820.
Attached is the original Easement Agreement for BCC signature & attestation.
Please attest to Rick LoCastro's signature as Chairman on the document; and return a copy
to me via email: deborah.goodaker@colliercountyfl.gov.
The Utility Easement itself will be processed separately once closing has taken place.
Please contact me if you have any questions or comments at Extension 8922.
Thank you.
16C 3
PROJECT NAME: Basin 308 Pump Stations
P.S. 308.08 (west parcel)
Tax Identification#70921360105
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (her,einafter referred to as the "Agreement") is made
and entered into on this 41 114 day of OC*Ohe, , 20 Z , by and between by CAROL
P. BROCKLESBY (hereinafter referred to as "Owner"), whose mailing address is 2151 Estey
Ave., Naples, FL 34104-4258, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE
EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT,
its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is
3335 Tamiami Trail East, Suite 101, Naples, Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for the purpose of
constructing, operating, maintaining, and repairing a pump station and related facilities 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 Easement to Purchaser for the stated purposes,
on the terms and conditions set forth herein; and
WHEREAS, Purchaser 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 to Purchaser for the sum of Eight Hundred ($800.00)
U.S. Dollars, 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 Purchaser.
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 Purchaser 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 sixty (60) days from the date Purchaser executes this Agreement;
provided, however, that Purchaser 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
Purchaser's enjoyment of the Easement. At Closing, Purchaser shall deliver the County
��o
16C 3
Easement Agreement Page 2
Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a
form acceptable to Purchaser.
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 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 Purchaser; 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
Purchaser, 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.
6. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from,
and to reimburse the Purchaser 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
Purchaser 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. Purchaser 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 Purchaser.
8. Purchaser shall install landscaping to buffer the Easement and improvements installed
thereon. Once installed, Owner shall maintain all landscape buffering. Should Owner fail
to maintain such buffering, Purchaser may, at its sole discretion, trim and maintain the
landscape buffer and bill the Owner for all actual costs incurred in maintaining the
landscape buffer.
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,
ctb
16C 3
Easement Agreement Page 3
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 Purchaser, 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this Zyt4
day of Ocf-obv , 20 23 .
Date Easement acquisition approved by BCC: toir-f/z 3
AS TO PURCHASER:
,��ti4.4444tdtlllt���
DATED:
I0Z/ q/Z3 ��� D i1STR ''•
ti`��L��� �i•
r:�- 4 '7 4.. ,.�
BOARD OF COUNTY CO1 1ISt88JQERS`'
ATTEST: - " '")^ OF COLLIER COUNTY, FL ORLDA,-.AS THE
CRYSTAL K. 1 INZEI:, , < GOVERNING BOARD OF a F EeCOLLIER
Clerk of the Circ it COy COUNTY WAT - WER p 1 ICT
.
a W BY: •
% Rio^ s v`
.y Clerk
Attest as to Chairre 'F , RICK LO CASTRO, CHAIRMAN
signature°only ;{:11)
(SIGNATURES CONTINUE ON FOLLOWING PAGE)
J6C 3
Easement Agreement Page 4
AS TO OWNER:'' //
DATED: NOU. /- c.Ve.oZZ'
4,,,,otaikc,,,,644„. i.,,.,.. . a,,,,,,, ----
Witness Signature �/ CAROL P. BROCKLESBY, Owner
Print Name: ? 5OR,4W X 479OD'1 R
, iC.'C,a: c -k---
Witness Signature / 4
Print Name:�//C /d€ C_ / , (.;,i/,.z;' L?
Approved to fprm nd le ality:
. eV?14) .) , `01/1A1,414,j
R0 ncU 1 .Tc i s(o , Assistant County Attorney
16C 3
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