ARCFLSV Utility & Access Easement Collier County Water-Sewer District Project: Lift Station 310.01 Rehabilitation
Parcel folio number: 00293400006
UTILITY AND ACCESS EASEMENT
THIS UTILITY AND ACCESS EASEMENT (hereinafter referred to as the "Easement") is
made and entered into on this 13th day of September, 2012 by and between ARCFLSV LLC, a
Delaware limited liability company, whose mailing address is 4643 S. Ulster Street, Suite 400,
Denver, Colorado 80237 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, 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 ($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 for utility and access purposes, over, under,
upon, through and across 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, excavate, and place or remove materials including, but not limited to, water,
wastewater and sanitary sewer lines and pipes, and other equipment or improvements
appurtenant thereto or thereunder, for the purpose of constructing, operating, and maintaining
utility facilities thereon. 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 and permitted
equipment or improvements located herein shall be performed in a manner that is minimally
intrusive to grantor's business, property and improvements. Notwithstanding anything
contained herein, Grantor shall have no liability for maintenance or repair of any permitted
equipment or improvements.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date
and year first above written.
/`!,/ TILI V ARCFLSV LLC, a Delaware limited
Tress(Si•ht -�T� liability company
1,U,tt , i /-/ 4z Fri 711r /�--
(Print or Type Name) By:
Print Name: Orr
ess (Signature) ff
i Print Title: � t
c ar
( not or Type Name)
•
STATE OF: L
COUNTY OF: ()d c5
Th foregoing Utility and Access Easement wak acknowledged befor= me this 3 day
of , 2012, by (name) err/ r j . h t tvi� (title) r
on beh If of ARCFLSV LLC, a Delaware limite• iability company, who is personally known �-
me or who has produced as identification.
(affix notarial seal) / ,
Slyn a of Nota Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission#:(if any)
My Commission Expires: 10 - 31 —/S
w
P.O.C.
NORTHEAST CORNER OF THE SOUTH 1/2
OF THE SOUTH 1/2 OF THE NORTHWEST
1/4 OF THE SOUTHEAST 1/4 OF SECTION
31, TOWNSHIP 49 SOUTH, RANGE 26 EAST.
THE EAST LINE OF THE SOUTH 1/2 — --�.,_
OF THE SOUTH 1/2 OF THE NORTHWEST -`"�---�.,
1/4 OF THE SOUTHEAST 1/4 OF SECTION
31, TOWNSHIP 49 SOUTH, RANGE 26 EAST.
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SCALE: 1" = 10'
2' WIDE SEWER PUMP
STATION EASEMENT
N89'03'29"E 22.00' __,.i-°--- SOO'03'26"W 2.00'
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S89'03'29"W 20.00'
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2' WIDE SEWER PUMP STATION EASEMENT
e $ NORTHEAST CORNER -'/
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STATION EASEMENT
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EXISTING
PIPELINE EASEMENT
(OR 1466. PG 2150)
NOT A SURVEY
LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: SEWER PUMP STATION EASEMENT
me CLIENT: COLLIER COUNTY
iii: NOLI
REVISION:
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Professional engineers, planners. & land surveyors SCALE:. 1" = 100' DATE: 1 DEC. 2011
Collier Cenral*tilts 100. 1400 1eealeml hail,Nae1L:Naples. FL 34100 12411691■3111 DRAWN BY: VA PROJECT NO.: 11-0116
CerUneata of A,thMntles Nee.1S 0004 ani 1I 3864 Fez: 1941)060-1E03
ACAD NO: 10681-SD FILE NO: 10681
N:\Land Projects\11-0116 PUMP STATION 310.01\dwg\VA]UNK.dwg, 12/1/2011 1:05:42 PM, v.agnoli, 1:10
DESCRIPTION OF A 2' WIDE SEWER PUMP STATION EASEMENT
A 2 FOOT WIDE SEWER PUMP STATION EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF THE
SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31,
TOWNSHIP 49 SOUTH, RANGE 26 EAST , COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST
1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 31, THENCE SOUTH 00'03'26" WEST ALONG THE EAST LINE
OF THE SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF
SECTION 31 A DISTANCE OF 82.00 FEET TO THE NORTHEAST CORNER OF AN EXISTING PUMP STATION
EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 1466, PAGE 2150. OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE 2' WIDE EASEMENT HEREIN BEING
DESCRIBED;
THENCE ALONG THE NORTH, WEST AND SOUTH LINES OF SAID EXISTING PUMP STATION EASEMENT THE
FOLLOWING (3) COURSES:
THENCE SOUTH 89'03'29" WEST 20.00 FEET:
THENCE SOUTH 00'03'26" WEST 20.00 FEET;
THENCE NORTH 89'03'29" EAST 20.00 FEET;
THENCE SOUTH 00'03'26" WEST ALONG SAID EAST LINE A DISTANCE OF 2.00 FEET;
THENCE LEAVING SAID EAST LINE SOUTH 89'03'29" WEST A DISTANCE OF 22.00 FEET;
THENCE NORTH 00'03'26" EAST A DISTANCE OF 24.00 FEET;
THENCE NORTH 89'03'29" EAST A DISTANCE OF 22.00 FEET TO AN INTERSECTION WITH SAID EAST LINE:
THENCE SOUTH 00'03'26" WEST A DISTANCE OF 2.00 FEET TO THE POINT OF BEGINNING OF THE 2' WIDE
EASEMENT HEREIN DESCRIBED:
CONTAINING 128 SQUARE FEET OF LAND MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
AGNOLI. BARBER :R NDAGE, INC.
PROFESSIONAL EN• E,.RS, PLANNERS & SURVEYORS AND MAPPERS
BY '1
GUY P. ADAMS. P.S. 0. 4390 DATE o,
ABSTRACT NOT REVIEWED
GENERAL NOTES:
1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.
2. P.O.B. = POINT OF BEGINNING.
3. P.O.C. - POINT OF COMMENCEMENT.
4, BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM , EAST ZONE. NAD 83/90
DATUM AND REFERENCED TO THE EAST LINE OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE
NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, AS BEING SOUTH 00'03'26" WEST.
NOT A SURVEY
LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: SEWER PUMP STATION EASEMENT
sem CLIENT: COLLIER COUNTY
iii• GN0LI REVISION:
••ii• ARBER &
•••••
•••i•• UNDAGEAtc.
Professions! engineers, planners, & land surveyors SCALE: 1" = 100' DATE: 1 DFC. 2011
cetu.r c.r.I sun.eoo.7400'ma'am 71.0.Nosti: Naples.Ff.34ta(44Ue`6r-siu DRAWN BY: VA PROJECT NO.: 11-01169
GsiMe.a of Arti.,lsti..Nea u 3664 aka Is 9644 1.a: (441)666-6170
ACRD NO: 10681—SD FILE NO: 10681
N:\Land Projects\11-0116 PUMP STATION 310.01\dwg\VA-JUNK.dwg, 12/1/2011 1:05:29 PM, v.agnoli, 1:10
•
•
ACTION BY WRITTEN CONSENT
•
OF
ARC MANAGEMENT SERVICES LLC,
•
• AS THE MANAGER OF THE ENTITIES
LISTED ON EXHIBIT"A"ATTACHED HERETO
(THE"OWNER ENTITIES")
ARC Management Services LLC, a Delaware limited liability company, in its
capacity as manager (the "Manager") of each of the Owner Entities, acting pursuant to•
the provisions of Section 11(a) of each of the Second Amended and Restated Limited
Liability Company Agreements dated April 15, 2011 (collectively,the "Agreements") of
• each of the Owner Entities,hereby takes the following action:
• WHEREAS, the Manager has determined it to be in the best interest of each of
the Owner Entities to appoint officers to perform the day-to-day business operations of
each Owner Entity.
APPOINTMENT OF OFFICERS,
RESOLVED, that the following persons be and hereby are appointed to the
offices set forth opposite their respective names to serve in such capacities for each of the
Owner Entities, subject to compliance with internal policies and procedures, until their
successors have been duly appointed: .
•
Chief Executive Officer David Helfand
• Chief Operating Officer Leslie Fox .
Chief Financial Officer • , Dennis Martin
Chief Accounting Officer Shawn Johnston
General Counsel and Secretary Orrin Shifrin
Regional Vice Presidents Trent Wagstaff,Chuck Crook
&David Deitz
Senior Vice President—National Operations Linda Huls
•
Senior Vice President—Finance and Treasurer Karen Kinslinger
Senior Vice President—Sales and Marketing Todd Baker
Senior Vice President-.Human Resources Susan Zimmerman
Senior Vice President—Asset Management Patrick Waite
Vice President—Asset Strategy Marc Lof nan
Vice President—Facilities Management Matt Getty
Vice President—Planning,Budgeting
and Assistant Treasurer Jon Franklin
Vice President—Accounting David Hansen
•
FURTHER RESOLVED, notwithstanding any provision in the Agreements to
the contrary, Orrin Shifrin, in his capacity as Secretary of each of the Owner Entities, is
. hereby authorized to execute and deliver any and all documents, including deeds,
2012.04.01 Consent re officers—Asset Owning Entities
•
•
•
•
easements, assignments, mortgages, deeds of trusts, easements, promissory notes,
affidavits, certificates, consents and any and all other agreements, documents or
instruments of writing, on behalf of each of the Owner Entities.
FURTHER RESOLVED, that Orrin. Shifrin, is hereby designated as an •
Authorized Signatory of each of the Owner Entities, and as such is hereby authorized to
execute and deliver any and all documents, including deeds of conveyance, easements,
assignments, mortgages, deeds of trusts, easements, promissory notes, affidavits,
certificates, consents and any and all other agreements, documents or instruments of
writing,on behalf of each of the Owner Entities. .
FURTHER RESOLVED, that all.actions previously taken by such officers, in
the best interest of the Owner Entities and for and on behalf of the Owner Entities, are
hereby authorized,approved and ratified in every respect. •
FURTHER RESOLVED, that the Manager is instructed to cause a copy of this
signed consent to be separately filed in the electronic record book separately maintained
for each Owner Entity.
Dated: April 1,2012
•
•
ARC MANAGEMENT SERVICES LLC
By:•
Le e Fox,Chie erating Officer
•
•
•
•
•
2012.04.01 Consent re Officers—Asset Owning Entities
•
•
•
EXHIBIT"A"
•(The"OWNER ENTITLES")
•
•
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2012.04.01 Consent re Officers—Asset Owning Entities
•
P.O.C.
NORTHEAST CORNER OF THE SOUTH 1/2
OF THE SOUTH 1/2 OF THE NORTHWEST
1/4 OF THE SOUTHEAST 1/4 OF SECTION
31, TOWNSHIP 49 SOUTH, RANGE 26 EAST.
THE EAST LINE OF THE SOUTH 1/2
OF THE SOUTH 1/2 OF THE NORTHWEST
1/4 OF THE SOUTHEAST 1/4 OF SECTION
1\
31, TOWNSHIP 49 SOUTH, RANGE 26 EAST.
O
P
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SCALE: 1" = 10'
EXISTING PUMP
STATION EASEMENT
(OR 1466, PG 2150)
CHAINLINK FENCE
CONSTRUCTED OUTSIDE
OF THE EASEMENT
EXISTING
PIPELINE EASEMENT
(OR 1466, PG 2150)
AS—BUILT SKETCH
THIS SKETCH PREPARED BY: DESCRIPTION: SEWER PUMP STATION EASEMENT
imsw. CLIENT: COLLIER COUNTY
CNOLI "REVISION:
uw
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•
...n. •'UNDAGE0K
Professional engineers, planners, & lend surveyors SCALE: 1 = 100 DATE: 1 DEC. 2011
C621■ Goal,AMA 100,T600 Dmlmi 77.11,Nor!!:N1146.R 14106(04!)0147-3111 DRAWN BY VA PROJECT NO 11-0115
C.NneW-•WLwtutlaa Nos 12 6064 and n 66e1 IN1)6a6-KGs
ACAD NO:AS—BUILT FILE NO:
ITEM NO.: Resubmittal DATE RECEIVED:
FILE NO.: 10-RPR-01878
ROUTED TO:
REQUEST FOR LEGAL SERVICES
DATE: September 17, 2012
TO: Office of the County Attorney
FROM: Marlene J. McLaughlin, direct line extension: 8922
Real Property Management section
RE: Pump Station Improvement Projects, Lift Station 310.01 at Southwind
Estates easement acquisition
BACKGROUND OF REQUEST/PROBLEM:
The construction of the improvements for LS 310.01 is complete. However, it has been discovered that
some of the improvements and the new fence around the improvements have been built outside of the
boundaries of the existing easement. An additional 2-feet is needed on three sides of the existing 20 x
20-foot easement in order to accommodate the improvements and the new fence. I've enclosed the
surveyors' drawing which illustrates what exists and what we are asking for on in a single diagram.
The property owner will not sign any documents other than the Utility and Access Easement which has
already been approved and initialed by the CAO. The enclosed copy is the property owner's
replacement as they lost the originals. The property owner will not approach its lender to sign any
release or subordination, consent and joinder of the mortgage documents. In this instance, the property
is one of many around the United States which secures a $1.5 plus billion dollar mortgage and the 2-
feet we are looking to acquire as additional easement area around our existing easement is only
significant enough for the property owner to grant us an easement, without any other documents or
legal reviews on the part of their corporation and their lender. We were lucky to have gotten this
easement; our question is, can we accept it and record it without obtaining a release or subordination
for the mortgage of record encumbering the property?
We will use Resolution No. 2010-39 when it comes time to record the Utility and Access Easement
should the County Attorney's Office grant us permission to do so.
FYI: The CIP information which supports the use of Resolution 2010-39 is as follows:
"On June 24. 2008, as Agenda Item 10G, the Board of County Commissioners (Board)adopted the 2008
Wastewater Master Plan Update that identified the requirement for rehabilitating lift stations. The proposed scope
of work for Project 70046, "Lift Station/Sub-Master Pump Station Technical Support," is consistent with the 2010
Wastewater CIP Update. page 2 of 4, line 66, as identified in the 2011 User Fee Rate Study."
ENCLOSURES:
1. Utility and Access Easement;
2. Documentation giving signatory authority; and
3. Surveyor's drawing of existing and proposed easement conditions at PS 310.01
ACTION REQUESTED: Please advise if we can accept and record the Utility and Access Easement
without obtaining a release or subordination of the mortgage of record encumbering the property.
Please call me at extension 8922 should you need further background and discussion on this matter.