Resolution 2011-218/CWS 2011-02 INSTR 4653871 OR 4761 PG 919
RECORDED 2/2/2012 2:33 PM PAGES 9
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$78 00
RESOLUTION NO. 2011- 218
RESOLUTION NO. CWS-2011- 02
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REQUESTING THAT THE FLORIDA
DEPARTMENT OF TRANSPORTATION CONVEY, TO THE COLLIER
COUNTY WATER-SEWER DISTRICT, AN ACCESS EASEMENT AND A
TEMPORARY CONSTRUCTION EASEMENT FOR THE VALID PUBLIC
PURPOSE OF PROVIDING ACCESS TO, AND FACILITATING THE
UPGRADE AND REHABILITATION OF, WASTEWATER MASTER PUMP
STATION 312.
WHEREAS, the Board of County Commissioners is the governing body of Collier
County, a political subdivision of the State of Florida, and in addition is ex-officio the Governing
Board of the Collier County Water-Sewer District (hereinafter collectively referred to as "Collier
County"); and
WHEREAS, Collier County is continuing its program to upgrade and rehabilitate master
pumping stations that require repairs, technology updates, pump replacements, electrical
efficiency enhancements, odor control upgrades, reliability upgrades, and good neighbor access
improvements; and
WHEREAS, Master Pump Station (MPS) 312, which is located immediately north of the
canal running along the north side of Davis Boulevard and immediately to the east of the Florida
Department of Transportation's retention pond site at that location, is scheduled for upgrade and
rehabilitation; and
WHEREAS, as part of the rehabilitation of MPS 312, there is a need to facilitate
improvements for access in order to minimize inconvenience to neighboring property owners and
for increased safety. The Access Easement requested from Florida Department of Transportation
provides the access area required to meet this need. Further, there is a temporary need for land
area for staging and equipment storage during the rehabilitation construction period. The
Temporary Construction Easement requested from Florida Department of Transportation
provides the land area required to meet this need; and
WHEREAS, the Board of County Commissioners of Collier County, Florida, has
concluded that it is in the best interest of the citizens of Collier County to request and subsequently
acquire the requested Access Easement and Temporary Construction Easement, and that the
acquisition of the easements serve the Valid Public Purpose of facilitating construction for the
rehabilitation of MPS 312 and providing improved permanent access to MPS 312 to minimize
inconvenience to neighboring property owners and increase safety value related to the access route
serving MPS 312, thus furthering the process of providing improvements to and rehabilitation of
master pumping stations; and
WHEREAS, the Access Easement and Temporary Construction Easement areas
requested shall be used only for the Valid Public Purpose previously described.
Page 1
NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of
Collier County, Florida, as the governing body of Collier County, Florida, and as ex-officio the
Governing Board of the Collier County Water-Sewer District, does hereby request that the
Florida Department of Transportation convey an Access Easement and a Temporary Construction
Easement, in the forms attached hereto, to the Collier County Water-Sewer District, for use only
for the Valid Public Purpose as hereinabove described.
THIS RESOLUTION ADOPTED on this /2 day of , 2011 after motion, second
and majority vote.
ATTEST:
BOARD OF COUNTY COMMISSIONERS OF
D, IGJ E BR'A C ,`CLERK COLLIER COUNTY, FLORIDA
By t
7 epu ' perk Fred W. Coyle, Cha' an
itostert
Approved as to form and
legal sufficiency
Jenni'B. White
Assistant County Attorney
Page 2
Project: MPS 312 Rehabilitation & Improvement(CCWSD)
Parcel/Folio: 00400680004
County: Collier
State Road: 84
-
ACCESS EASEMENT
THIS ACCESS EASEMENT (hereinafter referred to as the "Easement') is made and
entered into on this day of , 2011 by and between STATE OF
FLORIDA, ACTING THROUGH THE DEPARTMENT OF TRANSPORTATION, whose mailing
address is P.O. Box 1249, Bartow, Florida 33831-1249, as Grantor, 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 whose mailing address is 3335 Tamiami Trail
East, Suite 101, Naples, Florida 34112-5356 its successors and assigns, as Grantee.
(Whenever 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 (S10.00) 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 for access purposes, including vehicles, on, over,
upon, across and through 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 lands for all purposes of access to utility and access facilities lying easterly of and
contiguous thereto, Grantor and Grantee are used for singular or plural, as the context requires.
The easement granted herein shall constitute easements running with the land and shall burden
the lands described above.
Grantor reserves and excepts unto itself and its successors and assigns, all rights accruing from
its ownership of the real property described in Exhibit "A" against which this easement is being
granted, including the right to engage in or permit or invite others to engage in all uses of the
same real property that are not inconsistent with the purpose of the easement being granted
herein or hinder the use of the easement being granted herein.
The Grantee shall maintain the easement described herein in a good state of repair at the sole
cost and expense of Grantee, its successors and assigns.
Grantee hereby agrees that it will indemnify and hold harmless Grantor from any claim brought
or made for or on account of any injuries or damages received or sustained by any person or
persons or property, arising out of, or occasioned by, the negligence of Grantee in connection
with use of the easement described herein and/or any permitted equipment or improvements
owned by Grantee within the easement granted herein. Grantee shall promptly repair at its
expense any damage to the easement or any other property not owned by Grantee, caused by
Grantee exercising its rights under this easement. In the event that Grantee causes damage to
the easement or any other property, real or personal, not owned by Grantee in the exercise of
the privilege granted herein, Grantee agrees to restore the easement or property so damaged to
its original condition at Grantee's expense Maintenance of the easement shall be performed in
a manner that is minimally intrusive to Grantor s business, property and improvements.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date
and year first above written.
Dated:
Attest: STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Name:
(Type or Print) By:
Executive Secretary
District One Secretary
Attest:
Name:
(Type or Print) (Affix Department Seal)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2011 by
, District Secretary for District One, who is personally known to
me or who has produced as identification.
(Signature of Notary)
(type/print name)
Notary Public
My Commission Expires:
(Affix Notary Seal)
■
la I
SKETCH OF ACCESS EASEMENT
1
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PLAT 70E OF—\ 10'U.E. \\ \\I GOLF COURSE,LAKE
_ DRAINAGE,AND
NORTH SLOPE I 8'HIGH CHAIN \ MAINTENANCE EASEMENT
LINK FENCE ` \ EMBASSY WOODS GOLF AND
WOOD COUNTRY CLUB
POWER
POLE \\ \ PLAT BOOK 17,PAGES 47-49
TOP OF BANK
GRAPHIC SCALE I h,
0 30 45 60 I ��f U.R.O.S.
15-iniel !1_ ;
DESCRIPTION OF ACCESS EASEMENT
DESCRIPTION of an Access Easement over lands of State of Florida, Department of
Transportation, Collier County Folio No. 00400680004, situated in Section 6, Township 50
South, Range 26 East, Collier County, Florida, Stipulated Order of Taking and Stipulated Final
Judgement and fee simple description filed in Official Record Book 2043, pages 0930
through 0936, said Access Easement more particularly described as follows:
COMMENCING at the southeast corner of Section 6, Township 50 South, Range 26 East,
(1 thence, along the east line of Section 6, North 00 degrees 39 minutes 34 seconds West, the
distance of 155.00 feet to a point being the northeast corner of a Collier County parcel of
land identified as Folio No. 53264000165 also being the northeast corner of a 40 foot wide
Access, Drainage and Maintenance Easement as described in Official Record Book 2043,
Q page 0934 in the Public Records of Collier County, Florida and the POINT OF BEGINNING
and running;
From said POINT OF BEGINNING and extending along the northerly line of lands of Collier
County and the Access, Drainage and Maintenance Easement, South 89 degrees 58
minutes 10 seconds West, the distance of 89.79 feet; thence, leaving the line of Collier
County lands and extending over the lands of the State of Florida, Department of
Transportation North 00 degrees 01 minutes 50 seconds West, the distance of 4.00 feet
thence North 89 degrees 58 minutes 10 seconds East, the distance of 25.52 feet
to the beginning of a curve concave northwesterly whose radius point bears North 00
degrees 01 minutes 50 seconds West, the distance of 30.00 feet: thence northeasterly
along said curve through a central angle of 78 degrees 16 minutes 02 seconds an arc
distance of 40.98 feet: thence North 11 degrees 42 minutes 08 seconds East, the distance
of 35.06 feet to the beginning of a curve concave southeasterly whose radius point bears
South 78 degrees 17 minutes 52 seconds East, the distance of 58.00 feet: thence northeasterly
along said curve through a central angle of 46 degrees 58 minutes 38 seconds an arc distance
of 47.55 feet to a point on the aforementioned east line of Section 6; thence along said east
line of Section 6, South 00 degrees 39 minutes 34 seconds East, the distance of 100.00 feet
to the first mentioned POINT AND PLACE OF BEGINNING.
CONTAINING: 3085 square feet of land, more or less.
Bearings are based on the east line of Section 6, Township 50 South, Range 26 East,
Collier County, Florida as shown on the Record Plat of Lago Villaggio and filed in the Public
Records oft Collier County in Plat Book 38, pages 11 through 14.
Ii
GUY P.ADA"/ '.S.M.
FLORIDA SU-V:• OR&MAPPER LS 4390
SURVEYORS NOT :THIS SKETCH AND DESCRIPTION WAS MODIFIED FROM A SKETCH AND DESCRIPTION PREPARED
BY COLLIER COU TY DATED 05/05/2010 FILE NO:MPS 312 FDOT. 1 T
NOT SSMIRMI n Y £X -T 13 I I "A"
for: COLLIER COUNTY project: MASTER PUMP STATION 312 REHABILITATION
title: SKETCH & DESCRIPTION OF FDOT ACCESS EASEMENT date:OCTOBER 22,2010
REVISED 12-17-10
■■■■■ scale: book:
•••• GNOLI Certificate of Authorization Noe. LB 3864 and EB 3684
NNW Fax: (239)568-2209 1" 30' page:
■■.■■ ARBER & project view:
••••••
.▪..... RUNDAGE, INC. no.:09-0034 SHEET 2 OF 2
Professional engineers, planners, & land surveyors acad: file no:
Collier County: Suite 200. 7400 Tamiami Trail, North; Naplea, FL 94108 (239)597-3111 10461-SD 10461
Project: MPS 312 Rehabilitation & Improvement
Parcel/Folio. 00400680004
County: Collier
State Road: 84 � � ~_
t���'� �ci7 e�/^7
TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT is made and entered into this day of . 2O11. bySTATE
OF FLORIDA, ACTING THROUGH THE DEPARTMENT OF TF7/\WBpORTAT|8N, whose mailing
address is P.O. Box 1249, Bor|ow, Florida 33831'1240. (hereinafter referred to as "Grantor"). 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 Q|0TR|CT, whose mailing address is 3335 Tam|amiTra|| Eas\, Suite 101,
Naples, Florida 94112-5358. (hereinafter referred (oas~Gran\wo").
(Wherever used herein the terms "Grantor" and lGnanhoo" include all the parties to this instrument
and their respective heirs, legal representatives, successors or assigns.)
VV |TNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) arid other valuable consideration paid
by the Grantee, receipt and sufficiency of which is hereby acknowledged, hereby 000veya. Dran\y,
bargains and sells unto the Qrentoe, a temporary easement to enter upon the following described lands
located in Collier County, Florida, to wit:
SEE ATTACHED EXHIBIT 'A"
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
This Temporary Construction Easement is granted for the express purpose of providing Grantee
temporary access to Grantor's lands for the of placing, operating, i staging and storing
material and equipment during the construction and installation of public utility infrastructure
improvements on lands adjacent thereto. This Easement is granted upon the condition that any work
performed upon the above described land shall conform to all existing structural improvements within the
limits designated, and all work will be performed in such a manner that the existing structural
improvement will not be damaged. It is understood and agreed by the parties hereto that the rights
granted herein shall terminate upon completion of this project, but no later than the last day of June,
2014,(3rantoe shall restore the surface of the Easement Area after construction has been completed;
prior to the expiration of this Temporary Construction Easement,
IN WITNESS WHEREOF, the GRANTOR has caused these presents An be executed the day and
year first above written
Dated:
Ahest: GTATE OF FLORIDA
-- —
DEPARTMENT OF TRANSPORTATION
N e:
(Type or Print) my: __
District One Secretary
Executive Secretary
Attest:
___
Name:
(Type or Print) (Affix Department Seal)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of ' 2011 by
, District Secretary for District One, who is personally known to
me or------ produced aoidenUfioo|ion.
(Signature of Notary)
(type/print name)
Notary Public
My Commission Expires;
(Affix Notary Seal)
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Exhibit "A"
Being those upland areas ly between the pedrne�v boundary and the stabilized top oYbank
of the stormwater pond on that certain parcel of land acquired by State of Florida, Department of
Transportation through Sh ed Order of Taking and Stipulated Final Judgment in the matter
r--'
of State of Florida, Department of Transportation Bernard Cohen, et al,
in the Circuit Court of
the Twentieth Judicial Circuit in an
for Collier Cconiy. Florida, Case No.: Q4-4O71'CA, dated
March 27 1A35 and recorded March 29, 1985ai{).R' Book 2U43. Page Q30, iO the Public
Flecnrdm ^ Collier County, Florida, in which order said parcel is described as follows:
That portion of the southeast IA of Section 6, Township 50 South, Range 26 East, Collier
County, Florida
Being described as follows:
Commence at the southeast corner of said Section 6; thence along the east boundary of said
Section 6 No�hO0°4O`1S' VVea1. 155.00 feet for oP[}|NT[)FBE(3|NN|N��: thence South .
89°57'25" West, 428.63 feet; thence No�hOUv4O17°VVeei, 343.74 feet; thence Nn�h80n57'06'
East, 428.O2 feet to said said east boundary of Section 6; thence along said east boundary South
80»40'19" East. 343.78 feet to the Point of Beginning.
Containing 3.382 acres.
5 7- 14w
S h ee� ,�