Backup Documents 03/26/2024 Item #16C 1 16C 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS' OFFICE FOR SIGNATURE
ROUTING SLIP 4 ` v +11
Route to Addressee(s) (List in routing order) Office Initials ate
1. County Attorney Office County Attorney Y
2. BCC Office Board of County Commission
17 PI
3. Minutes and Records Clerk of Court's Office �� ` ' 2 9:67
N/t) LI' I
PRIMARY CONTACT INFORMATION
I I
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 Contact Deborah Goodaker Phone Number 8922
Agenda Date Item was Approved March 26,2024 Agenda Item Number 16.C.1
the BCC Doc ID 28014
Type of Document Attached Donation Agrmt w-Exh(5 pgs) Number of Original 2
Utility Esmt&Exh(3 pgs) Documents Attached
PO number or account number if
document is to be recorded 4014000000-263614-70240.4.9.2
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? DKG N/A
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 DKG
be signed by the Chairman,with the exception of most letters,must be reviewed and
\tia signed by the Office of the County Attorney.
'r g, 4. All handwritten strike-through and revisions have been initialed by the County Attorney't 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 DKG 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 3/26/24,and all changes made DKG
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 I: ik
VI'
all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
16C 1
Memorandum
To: Minutes & Records Clerk to the Board
From: Debi Goodaker
Real Property Management
Date: March 26, 2024
Subject: Easement (County to FPL)
BCC Date: 03/26/24
BCC Agenda Item No. 28168 — Item Number 16.C.2
Please attest and forward to Recording with attached Recording Form.
Billing String: 4019000000-263403-70243.3.1
If there are any questions, please contact me at extension 8922, or email me at:
deborah.goodaker@colliercountyfl.gov
Thank you,
Debi
16C 1
PROJECT: Basin 305 Pump Stations
PUMP STATIONS: 309.12
TAX IDENTIFICATION#: 07040000102
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between COLLIER PARK OF COMMERCE OWNERS'
ASSOCIATION, INC., a Florida not-for-profit corporation (hereinafter referred to as "Owner"),
whose mailing address is c/o Sentry Management, Inc., 2180 West SR 434, Suite 5000,
Longwood, FL 32779 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 mailing address is 3335 Tamiami
Trail East, Suite 101, Naples, Florida 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County 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 ("Property"), 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, Owner recognizes the benefit to Owner and desires to convey the Property
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 Property requested by
County; and
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 Property via a Utility Easement to County at no cost to the
County, unless otherwise stated herein.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Property 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 sixty (60) days from the date County executes this Agreement;
provided; however, that County shall have the unilateral right to extend the term of this
_ coo
1 6 C I
PROJECT: Basin 305 Pump Stations
PUMP STATIONS: 309.12
TAX IDENTIFICATION#: 07040000102
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 Property.
4. Owner is aware and understands that this Agreement is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
5. Owner represents that the Property and all uses of the 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
except as specifically disclosed to the County; that the Owner has no knowledge of any spill
or environmental law violation on any property contiguous to or in the vicinity of the Property
to be conveyed to the County, that the Owner has not received notice and otherwise has no
knowledge of a) any spill on the Property, b) any existing or threatened environmental lien
against the Property or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Property. 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, and
recording costs for any curative instruments, in the Public Records of Collier County, Florida.
County shall be responsible for paying any costs and/or fees associated with the securing
and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded
against the Property from the mortgagee(s). All other costs associated with this transaction
including but not limited to transfer, documentary and intangible taxes shall be borne and
paid by Owner. The cost of a title commitment shall be paid by County.
8. County shall provide to Owner or Owner's representative at Closing an amount not
to exceed Seven Hundred and Fifty Dollars ($750.00) allowance towards the cost of
reasonable attorney's fees.
9. County shall restore the Property to its original or better pre-existing condition,
including but not limited to any landscaping, plantings, fencing, screening, or gates within two
hundred forty (240) days following the completion of the improvements to the pump station
and related facilities, or within sixty (60) days from when restoration materials become
available, whichever is later. Owner will be given a work schedule once the restoration
materials become available.
Donation Agreement 2 )
16C 1
PROJECT: Basin 305 Pump Stations
PUMP STATIONS: 309.12
TAX IDENTIFICATION#: 07040000102
10. 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.
11. Conveyance of the Property 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.
12. If the Owner holds the Property 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 before the
Property 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.)
13. This Agreement is governed and construed in accordance with the laws of the State
of Florida
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
DATE ACQUISITION APPROVED BY BCC: 3/2 /1
AS TO COUNTY:
DATED: 3'2G 12L(
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K.kINZEL','CIerk of the COLLIER COUNTY, FLORIDA
Circuit Court and ComptrQlter
•
► ►�, s� Atr BY:
41 Attest as to Chatin att's.•'oe',, ` r CHRIS Hekdiiak, hairman
signature'only
CAO Donation Agreement 3
16C 1
PROJECT: Basin 305 Pump Stations
PUMP STATIONS: 309.12
TAX IDENTIFICATION#: 07040000102
AS TO OWNER:
44) r(olG St:461o5 COLLIER PARK OF COMMERCE
Witg,ess(Signature) i�rn 9)Z PiNs) OWNERS' ASSOCIATION, INC.,
(alit\ IV'I' (_vY NO. ��'3 z.9 a Florida not-for-profit corporation
Name( rint /rl ype)
Witness(S'nature) li��G C.11/yG. � , its President
Name(Print or Type)
S055 OW S"} W PiLi (-ACl t 5nr„ S re.3301 1
Approved as to f m nd le ality:
, Assistant County Attorney
See\t
Agreement \ti��v� °
�Ga
Donationg 4 t
16C 1
EXH_133iTA_
tr DESCRIPTION
Being a portion of Tract A of East Naples Industrial Pork as recorded in Plat Book 10 at Pages 114
and 115 of the Public Records of Collier County, Florida. Being more particularly described as follows:
COMMENCING at the northwest corner of Tract A of East Naples Industrial Pork as recorded in Plot Book
10 at Pages 114 and 115 of the Public Records of Collier County, Florida; thence run North 89'34'43"
East, along the northerly line of said Tract A of East Naples Industrial Pork, for a distance of 1611.78
feet; thence run South 00'25'17" East, along the easterly line of those lands described in Official
Records Book 1403 at pages 150 through 152 and it's northerly projection, for a distance of 65.00
feet to the POINT OF' BEGINNING. thence continue South 00'25'17" East, along said easterly line, for o
distance of 15.00 feet to the Southerly line of said Tract A also being the northerly right of way line of
North Horseshoe Drive as shown on the plot of said East Naples Industrial Pork; thence North 89'34'43"
East, along said line for distance of 25.00 feet; thence run North 00'25'17" West, for a distance of
15.00 feet; thence run South 89'34'43" West, for o distance of 25.00 feet to the POINT OF BEGINNING.
Containing 375.00 square feet or 0.009 Acres more or less.
GRAPHIC SCALE
0 50 100 200
RIVER REACH f
PLAT BOOK 14
PAGES 23-25 ( IN FEET )
1 inch = 100 fl
POINT OF
COMMENCMENT— N89'34'43"E 1611.18'
—i DRAINAGE EASEMENT TRACT A
UTILITY — -POINT OF
EASEMENT BEGINNING
OR 1403 r-1LJr
PG 150
—
DRAINAGE bLOT
43NORTH HORSESHOE DRIVE L_ __
60' RIGHT—OF—WAY
EAST NAPLES INDUSTRIAL PARK
LINE TABLE P8 10, PGS 114&115
LINE BEARING DISTANCE LOT 18 LOT 19
L 1 S0'25'17'E 65.00'
L2 SO'25'17"E 15.00'
NOTES:
L3 N89'34'43"E 25.00'
1. This is not a survey.
L4 NO'25'17'W 15.00' 2. Bearings shown hereon are based on the North line of East Nobles Industrial Park,
according to the Plot thereof, as located in State Plane coordinate system Florida East
L5 S89'34'43"W 25.00' Zone, NAD 83, 2011 adjustment being N89'34'43"E, Rotated from Plat bearing system
counter clockwisw 00'16'59".
3. All Dimensions are in feet and decimals thereof, unless otherwise indicated.
4. Subject to easements, reservations and restrictions of record.
For the Exclusive Use Of: REVISIONS:
Collier County Board of County Commissioners 1. REVISED PER COMMENTS, R.Y., 06/10/2021.
Digitally signed by 2. REVISED PER COMMENTS, R.Y., 06/30/2021.
David David Hyatt PSM ( JEVING� SKETCH & DESCRIPTION
Hyatt PSM Date:2021.06.30 J� ,
10:20:33 04'00' , • . 3� A portion of,
David J. Hyatt, PSM, -� b East Naples Industrial Park,
Florida License No. 5834 CL ( 1 , H P
Not valid without the signature and ���t/ 2 Collier Count Florida
original seal of the Florida Licensed County,
Professional Surveyor and Mapper .unrno.3101.11/cc•nv,.
Certificate of Authorization #7705. MARCO SURVEYING & MAPPING CLIENT. Collier County Board of County Commissioners
3205 BECK BOULEVARD PROJECT/:t P461 SUB PROJECT: P.S. 309.12
NAPLES, FLORIDA 34114 DRAFTED BY: DATE SCALE WO NUMBER SHEET/ DRAWING NO\ (239) 389-0026
WWW.MARCOSURVEYS.coM R.Y. 01/2021 1" = 100' 20-849 1 1-161 :,
c C) 1
16C
PROJECT: Basin 305 Pump Stations INSTR 6529216 OR 6346 PG 2697
PUMP STATIONS: 309.12 RECORDED 4/5/2024 4:13 PM PAGES 3
TAX IDENTIFICATION#: 07040000102 CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
PREPARED BY:DEBORAH GOODAKER DOC@.70$0.70 REC$27.00
COLLIER REAL PROPERTY MGMT.
3335 TAMIAMI TRL E,NAPLES FL 34112
UTILITY EASEMENT
-f.1
THIS UTILITY EASEMENT, made and entered into this day of
Amu/ , 2024 by COLLIER PARK OF COMMERCE OWNERS'
ASSOCIATION, INC., a Florida not-for-profit corporation, whose mailing address is do
Sentry Management, Inc., 2180 West SR 434, Suite 5000, Longwood, FL 32779, 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 utility easement, for the purposes of
utility, access and maintenance, 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.
County shall restore the Property to its original or better pre-existing condition, including
but not limited to any landscaping, plantings, fencing, screening, or gates within two
hundred forty (240) days following the completion of the improvements to the pump
station and related facilities, or within sixty (60) days from when restoration materials
become available, whichever is later. Owner will be given a work schedule once the
restoration materials become available.
(c7:0'
16C 1
PROJECT: Basin 305 Pump Stations
PUMP STATIONS: 309.12
TAX IDENTIFICATION#: 07040000102
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
lObNO Stu.vic1 St•*105
?CIMbri o Prn9s1 tI.'3?�Zy COLLIER PARK OF COMMERCE
wit ss(Signature) / OWNERS' ASSOCIATION, INC.,
r�"l A COY r\L a Florida not-for-profit corporation
Name(�rint or Type)
�J. �/` Y�p��Q/�� ��
,{v_�
Witness(Signature) �/[ (�Drro %f , its President
Name(Print or Type)
13 l l r%D k ..e—
f'a r k-ki,.n d, F- 3 3 O co 7
STATE OF C(;)���,�
COUNTY OF (,;k1;,) ;
The foregoing Utility Easement was acknowledged before me by means of physical presence
or ❑ online notarization this (, day of -FA,to a , 2024 by
CcxtA-k-k , as its President, on behalf of Collier Park of Commerce Owners'Association, Inc.,
a Florida not-for-profit corporation. Such person(s) Notary Public must check applicable box:
mare personally known to me.
❑ produced her current driver license.
❑ produced as identification.
MARIADUARTE I Notary Public )4
I .. : Notary Public-State of Florida I Printed Name o Notary: hpou A Pori n Q
Cmmision#NN 3335
4 My Comom.sExpires Nev33 17,202� Commission Number: ik id 11,3 i S
' Bonded through National Notary Assn. I My Commission Expires: NuU�
Approved as to fo m nd legality:
ssistant County Attorne
GAO
16C 1
EXILIDWIL
( DESCRIPTION �'
Being a portion of Tract A of East Naples Industrial Pork as recorded in Plot Book 10 at Pages 114
and 115 of the Public Records of Collier County, Florida. Being more particularly described as follows:
COMMENCING at the northwest corner of Tract A of East Naples Industrial Pork as recorded in Plat Book
10 at Pages 114 and 115 of the Public Records of Collier County, Florida; thence run North 89'34'43"
East, along the northerly line of said Tract A of East Naples Industrial Park, for a distance of 1611.18
feet; thence run South 00'25'17" East, along the easterly line of those lands described in Official
Records Book 1403 at pages 150 through 152 and it's northerly projection, for a distance of 65.00
feet to the POINT OF BEGINNING. thence continue South 00'25'17- East, along said easterly line, for a
distance of 15.00 feet to the Southerly line of said Tract A also being the northerly right of way line of
North Horseshoe Drive as shown on the plat of said East Naples Industrial Pork; thence North 89'34'43"
East, along said line for distance of 25.00 feet; thence run North 00'25'17" West, for a distance of
15.00 feet; thence run South 89'34'43" West, for a distance of 25.00 feet to the POINT OF BEGINNING.
Containing 375.00 square feet or 0.009 Acres more or less.
GRAPHIC SCALE
0 50 100 200
RIVER REACH {
PLAT BOOK 14 loimil
-
PAGES 23-25 ( 1N FEET )
1 inch = 100 ftk
POINT OF
COMMENCMENT—\\
N89'34'43"E 1611.18'
DRAINAGE EASEMENT TRACT A
UTILITY —POINT OF
EASEMENT \-1L5
"' BEGINNING
OR 1403
PG 150 t�
LOT 43 - — — — — — I J_�-.I 3 — _
DRAINAGE - NORTH HORSESHOE DRIVE • _ L.
60' RIGHT—OF—WAY
EAST NAPLES INDUSTRIAL PARK
LINE TABLE PB 10, PGS 114&115
LINE BEARING DISTANCE L 0T 18 L 0T 19
LI SO'25'17 E 65.00'
L2 SO'25'17"E 15.00'
NOTES:
L3 N89'34'43"E 25.00'
1. This is not a survey.
L4 NO.25'171W 15.00' 2. Bearings shown hereon are based on the North line of East Naples Industrial Park,
according to the Plot thereof, os located in State Plane coordinate system Florida East
L5 589'34'43"W 25.00' Zone, NAD 83, 2011 adjustment being N89'34'43"E, Rotated from Plot bearing system
counter clockwisw 00'16'59".
3. All Dimensions are in feet and decimals thereof, unless otherwise indicated.
4. Subject to easements, reservations and restrictions of record.
For the Exclusive Use Of; REVISIONS:
Collier County Board of County Commissioners 1. REVISED PER COMMENTS, R.Y., 06/10/2021.
Digitally signed by 2. REVISED PER COMMENTS, R.Y., 06/30/2021.
David
David Hyatt PSM NIEYVV SKETCH & DESCRIPTION
Hyatt PSM 10:20:33-04'00'0 �Jck G43
David J. Hyatt, PSM, O = 9v A portion of,
East Naples Industrial Park,
Floridaav License No. 5834 U ,I , H p
Not valid without the signature and `l ; Collier Count Florida
original seal of the Florida Licensed Y�
41.
Professional Surveyor and Mapper .,"Li.,„A.IL1-,canon
Certificate of Authorization 417705. MARCO SURVEYING & MAPPING CLIENT Collier County Board of County Commissioners
3205 BECK BOULEVARD PROJECT/.[P461 sue PROJECT: P.S. 309.12
NAPLES, FLORIDA 34114 DRAFTED BY DATE SCALE WO NUMBER SHEET DRAWING NO.(239) 389-0026 /
WWwMARCOsuRVEYS.coM R.Y. 01/2021 1" = 100' 20-849 1 1-161