Seagate Culverts Access & Maintenance Easement~_0 R A N D U 31
'FO:
FROM:
DATF.:
R E-
Ellict loffinan
Records Technician Ill
Minutes & Records Management
/
.d~Toni A. Molt Senior ,Specialist
Real Property Management Department
Scptcmbcr 20. 1999
Access and Maintenance l!asement ~ Seagate Culverts
Ellie, attached please find one (I) olJginal recorded Access ('onstruction and
Maintenance Easement for the above referenced prqjcct.
The Board of County Commissioners of (;oilier County, Florida approved the
Easement on June 22, 1999, Item 16(B)(18).
Please contact me il'you have any questions or comments at 8991.
Thank you.
attachment as stated
CC:
Tax Appraiser's Office w/attachment
Tax Collector's Office w/attachment
Inventory File w/attachment
,,t,: 2526~86 OR: 2587 PG: 0692
REAr. PROPIR?T RICORDID Jn the OflqCZAr. RICORDS
~ZT ~9~ 09/0I/Z999 at 09:02X~ DWIGHT l, BROCK, CL~RK
ACCESS CONSTRUCTION AND MAINTENANCE EASEMENT
(Temporary and Permanent)
fr. RIC ~I!
DOC-.70
37.5t
.711
THIS ACCESS CONSTRUTION AND MAINTENANCE EAESMENT is made and ent.=red into
this. ~;,,...> day of /%,k.~, ~ . 1999, by and between THE NAPLES CAY
MASTER ASSOCIATION, INC., a Florida corporation, whose address is 40 Seagate Drive,
Naples, Florida 34103. hereinafter referred Io as "Grantor" and THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA as ex-officio, the governing body of
the PELICAN BAY MUNICIPAL SERVICES TAXING AND BENEFIT UNIT, whose address is
Collier County Government Center-Administration Building, 3301 East Tamiami Trail, Naples.
Florida 34112, hereinalter referred to as "Grantee".
RECITALS
A Grantor ,s the owner fn fee simple of land described on Exhibits "A" and "B" attached
hereto (Easement Areal
B. Grantee ~s the e×-offlcio governing body of the Pelican Bay Municipal o · ~,
,..,erv~c_ Taxing
and Benefit Unit ("Unit"). a dependent districl formed pursuant to Chapter 125, Florida Statutes
As such. Ihe Uni~ ;',,as created and empowered by/he Collier County Commission under
enabling legislation passed by the Collier Counly Commission in Ordinance No. 90-! 11. as
amended, to, among other things, authorize and empower the Grantee to maintain and
preserve conservation or preserve areas within Pelican Bay. Pelican Bay abuts the Easement
Area.
C. Grantee has developed and submitted to the Florida Department of Environmental
Protection (hereinafter "FDEP") and the U.S. Army Corps of Engineers (hereinafter "Corps") a
proposed plan for the long term administration of' the Clam Bay ecosystem entitled the "Clam
Bay Restoration and Managemenl Plan" (hereinafter the "Plan"). As a part of the Plan, Grantee
anticipates modifying the culverts located under Seagate Drive (hereinafter the "Seagate
Culverts") to provide a one way flow conlrol valve in order to manage the ebb tide flow and
redirect it to lhe north for discharge through Clam Pass. Clam Pass is located within Pelican
Bay.
D. In order to accomplish the modification of the Seagate Culverts as proposed in the Plan,
the Grantee has requested this Access Conslruction and Maintenance Easement from Grantor
and Grantor has agreed to lhe same on the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the sum of Ten Dollars and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor does
hereby grant and convey to the Grantee, its successors and assigns, a non-exclusive
Temporary Access, Conslrucfion and Maintenance Easement over, across and under the land
described on Exhibit "A" attached hereto and a Permanent Access Construction and
Maintenance Easement over, across and under the land described on Exhibit "B" attached
hereto, all of which land is located in Collier County. Florida, TOGETHER with the rights,
easements, privileges and appurtenances in and to said lands which may be required for the
full enjoyment of the rights herein granted.
OR: 2587 PG: 0693
In the furtherance of said grant the parties agree as follows:
1. Grantee will install and maintain at its sole cost and expense the Seagate Culverts in
accordance with the terms and conditions of those certain Permits issued by the Corps and the
FDEP under Numbers 0128463-001-JC and 199602789(IP-CC) respectively and in c:~nformity
with the construction plans and specifications prepared by Wilson. Miller, Barton and Peek. Inc..
Consulting Engineers. Said plans and specifications are incorporated by reference into and
made a part of the referenced Permits and the Permits are incorporated into and made a part of
this Access, Construction and Maintenance Easement. During the period in which the Seagate
Culverts are being installed, the Grantee shall have the right to access and use the lands
described on Exhibit "A" for so long as the installation requires. Upon completion of the
installation the right of access to and use of the lands described on Exhibit "A" shall cease and
the Grantee shall have the right to access and use the lands described on Exhibit "B" for the
purpose of maintaining the Seagate Culverts post installation, as hereinafter described.
2. All of the rights, easements, privileges and appudenances together with the burdens
granted herein shall remain in effect in perpetuity, except that the easement over lands
described on Exhibit "A" shall terminate upon completion of the installation of the Seagate
Culverts as aforesaid. '
3. Installation of the Seagate Culverts shall commence as required by the terms and
conditions of the Permits and once commenced, installation will proceed to completion in lhe
ordinary course wilhout material delay or interruption, force majeure excepted, to the end that
the persons dependent upon access to their property at either end of Seagate Drive will be only
minimally inconvenienced by the installation of the Seagate Culverts.
4. The Grantee shall have the right to use the Easement Area described on Exhibit "A" for
the purpose of accessing and installing the Seagate Culverts and related facilities located
thereon and as required under and pursuant to the terms and conditions of the referenced
Permits and after installation is completed, the righl to use the Easement Area described on
Exhibit "B" for the purposes of accessing and maintaining the Seagate Culverts and related
facilities thereon. To the extent the activities of the Grantee in the performance of its obligations
hereunder gives rise to the accumulation of spoil or other debris, all such spoil and debris shall
be removed from the Easement Area and disposed of offsite and not on the property of the
Grantor.
Dur,n9 lhe insta!lation and any subsequent maintenance of the Seagate Culverts as
required under and pursuant to the terms and conditions of the referenced Permits, Grantee
shall at all times maintain at least one lane of access of sufficient width to insure that residents.
guests and contractors to the residents, and vendors have unimpeded access across the
Seagate Culverts. To the extent required. Grantee will provide the services of a flagman or
comparable traffic control person or devise to assist said persons in maintaining a smooth and
safe flow of pedestrian and vehicular traffic lo the property located on either side of the
Easement Area and across the Seagate Culverts.
6. Grantor recognizes, understands and agrees that the installation and maintenance of
the Seagate Culverts will, in most instances, require the removal of landscaping within the
Easement Area and in the vicinity of the Seagate Culverts. As such, the Grantee shall be
entitled, and have the right to, remove the landscaping located within the Easement Area,
provided, however, that upon completion of the installation and/or maintenance of the Seagate
Culverts, the Grantee will restore the Easement Area as near as possible to the condition that
existed prior to such installation and/or maintenance. Grantor recognizes, understands and
0R: 2,581 aG: 0694
agrees that some of the plant material replacing that which was necessarily lost by reason of
the installation and/or maintenance of the Seagate Culverts may be less mature and therefore
smaller than that which was removed. Should Grantee fail to restore the Easement Area as
contemplated herein promptly upon completion of lhe installation and/or maintenance of the
Seagate Culverts. then the Grantor may do so for the account of the Grantee and at Granlee's
reasonable expense provided Ihat Granlor first gives Grantee notice of Grantee's failure to
restore the Easement Area and after receipt of said notice the Grantee fails within fifteen (15}
business days to commence and prosecute to completion the restoration of the Easement Area
as contemplated herein.
7. Grantor covenants and warrants that it has the right to grant the privileges and
easement described herein and further covenants that Grantee shall have the quiet and
peaceful use and enjoyment of said easement.
8 The easement granted herein shall benefit the named Grantee and its respective
successors and assigns, including but not limited to its employees, agents, business visitors,
guests, licensees, invitees and all other persons lawfully upon any portion of the Grantee's land
benefitted hereby and Granlee, its successors and assigns, shall have the right to grant and
convey to any other pady the rights and obligations contained in this Access and Maintenance
Easement.
9. The terms and conditions contained herein shall run with the land and accrue to and for
the benefit of and be enforceable by Ihe Grantor, Grantee and their successors and assigns. If
the Permits which give rise to and define the scope of the duty of lhe Grantee to install and/or
maintain the Easement Area should lapse by their terms or by operation of law or otherwise,
then notwithstanding such cessation of Permit enforceability by lhe Corps or FDEP, the terms
and conditions of the same to the extent applicable shall remain in full force and effect for the
purpose of defining the responsibilities and burdens of the Grantee hereunder, it being the
intention of the parties hereto that notwithstanding the termination of the Permits, the terms and
conditions of the same shall continue to be determinative of the rights and responsibilities of the
Grantee to install and/or maintain the Easements Area and the Seagate Culverts.
IN WITNESS WHEREOF, the parties have executed this Access and Maintenance Easement in
manner and form sufficient Io bind them on the day and year first above written.
WITNESSES:
(Sffnature)
(Printed Name)
--(Signature)-'1'
(Printed Name)
NAPLES CAY MASTER ASSQCiATiON' INC.,
a Florida corporation '~
STEPHEN ~STNER, President --
COt~VEYAt~CE ~,"
COUNTY COHH~SSZO~ERS,
COU/~Ty, FLOR]DA,
TO THE PROVISIONS
OR: 2587 PG: 0695
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
$~tur~ on].~.
STATE OF FI
COUNTY OF f~'_.~.\ t,_-,~,.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA AS THE
EX-OFFICIO G~BODY OF THE
PELICAN.~ERVICES ~'AXhqG AND
BENFIT 0~.~.../
The foregoing Access Construction and Management Easement was acknowledge before me
this _~ day of Y"tt/.--.-i , 1999, by STEPHEN~ISTNERT-Presideqt of the Naples
Cay Master Association Inc., a Florida corporation. Hc::~,QS_~y_ known ib me or who has
produced as identification.
(affix notarial seal) "L~/%
(Sig~na!ure of ,l~tCry~ublic)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission
My Commission Expires:
Approved as to form
and ,legal sufficiency:
i~ ~; ,,t'. ,..
Heidi F. Ashton
Assistant County Attorney
Description of'! cmporao, Access and Construclion Eascmenl
being part ofGo,,'emment Lot l of Section 16, Township 49 South. Range 2.5 East
Collier Counly, FJorJda.
All that pan of Govemmen! I,ot I of Section 16, Township 49 South, Range 25 East. Collier Count,,, Florida.
being more particularly described as follows: -
Commencing at the southeast comer of said Government Lot I;
thence along the south line of said Government l.ot I South 89°24'40'' West 1650.75 feet to the southwest comer of
Unit One Seagate Subdivision (Plat Book 3. Page 85);
thence continuing along said south line of Government I.ot 1 Soulh 89024'40'. West 20.00 feet to thc
POINT OF IIEGINNING;
thence continuing along said line, South 89'24'40" West I I I. 17 feet:
thence leaving said line, North 00°35'20'' West 30.00 feet;
thence South 89024'40.' West 60.00 feet;
thence North 00°35'20'' West 120.00 feet;
thence North 89024'40.. East 75.00 feel;
thence South 00035'20.. East ,45.76 feet;
thence North 89°24'40" East 96.17 feet;
thence South 00°35'20'' East 54.24 feet;
thence North 89024'40.. East 20.00 feet to the west line of said Unit One Seagate Subdivision;
thence along said west line. South 00035'20.' East 20.00 feet;
thence leaving said ',vest line, South 89"24'40" West 20.00 feet:
thence South 00035'20.. East 30.00 feet to the POINT OF BEGINNING;
containing 0.40 acres */-.
Subject to easements, restrictm, ns and reservations of record.
See attached sketch.
Bearings are based on thc south line Go','emmcnt I.ot I of Section 16. Township 49 South. Range 25 East. Collier
Count.,,,, Flor/da being North 89024'40.. West.
WILSON. MI'I.LER. IlAR'ION & I'EI!K. IN('
Rcgistere~ Fngineers and I.and Surveyors
Cc,"'tit',.cate of authorization LB-ti43.
Not Valid unless embossed with Ihe Profess,mal's ,,cai
Ret'. 2L-556
W.O.: 0103-081-005-JCI'AS
[)ate: October 18. 1997
EXHIBIT "A"
l)cscripfion or Permanent Access and Mah~tcnancc l']asemcnt
being part of Government Lol I of Section 16. Township 49 Soulh. Range 25 Eost
Collier County. Florida.
All that part of Government l,ot I of Section 16, Township 49 South, Range 25 East. Collier Count), Florida,
being more particularly described as follows:
Commencing at thc southeast corner or' said Government Lot I:
thence South 89°24'40.. West along the south line of said Government l,ot 1 1650.75 feet to the south~.,,est
corner of Unit One Seagate Subdivision (Plat Book 3. Page 85);
thence leaving said line Noah 00"35'20" West along the '.'.'est line of said Unit One 30.00 feet to the
POINT OF BEGINNING;
thence South 89°24'40'' West 42.16 £eet:
thence South 00°35'20'' East 30.00 feet to the said south line of Government Lot I:
thence along said line, South 89"24'40" West 59.01 feet;
thence leaving said line. North 00"35'20" West I04.24 feet;
thence Norlh 89"24'40" East 59.01 feet:
thence South 00"35'20" East 54,24 feet;
thence North 89°24'40" East 42.21 feet to the west line ofsaid Unit One Seagate Subdivision:
thence along said west line. South 00°35'20" East 20.00 feet to the POINT OF BEGINNING.
containing O. 15 acres -~/-. ,
Subject to easements, restrictions and reservations of record.
See attached sketch.
Bearings are based on the south linc Government l,ot I of Section 16. Township 49 South. Range 25 East,
Collier County. Florida being North 89°24'40" Wcsl,
WILSON. MILLER. llARTON & PEEK. IN(._'.
Reg!~!¢red ['-'n§lnecrs and I,and Surveyors
Cemficate :,f authoriz2tion
~?40t V2i?a unless embossed with the ['rol~ssional's seal
Ref. 11,-160
W,O.: 0103-08 I-0(~5-JCI,AS
Date; October 18. 1997
EXHIBIT "B"
DESCRIPTION:
'.' ';,': 1:' '~ ',"/E ", '
CLIENT:
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