Parcel 710/Woodmere Lakes ClubTO:
FROM:
DATE:
RE:
Memorandum
Ellie Hoffman
Records Technician III
Minutes & Records Management
Cindy Erb
Sr. Property Acquisition Specialist
Real Property Management Department
November 19, 2001
County Barn Road - Parcel #710- Woodmere Lakes Club
Please find attached one (1) ori_qinal recorded Temporary Construction Easement and
one (1) original Temporary Construction Easement Agreement for the above-
referenced project.
The Board of County Commissioner of Collier County, Florida approved the acquisition
by gift or purchase pursuant to Resolution 96-356, Agenda Item 16 B 6, dated August
13, 1996, and approved the acquisition by condemnation pursuant to Resolution 2000-
193, Agenda Item 8 B 2, dated June 27, 2000.
Please contact me if you have any questions or comments at 8917.
Thank you.
attachments as stated
CC:
A.N. Korti, Transportation w/attachments
Inventory File w/attachments
Contractor's File w/attachments
Office of the Real Property Management Department
PROJECT: County Barn Road
PARCEL: 710
FOLIO #: 00426560001
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered by and between WOODMERE
LAKE CLUB ASSOCIATION, INC., a Florida not-for-profit corporation, whose mailing
address is 5660 Woodmere Lake Circle, Naples, FL 34112, and COLLIER COUNTY,
a political subdivision of the State of Florida, its successors and assigns (hereinafter
referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail, Naples,
Florida 34112;
WHEREAS, the Purchaser requires a Temporary Construction Easement over,
under, upon and across the lands described in Exhibit "A", which is attached hereto and
made a part of this Agreement, (hereinafter referred to as the "Property") for
construction of the County Barn Road widening improvements; and
WHEREAS, the Owner desires to convey the Temporary Construction Easement
to the Purchaser for the stated purposes, on the terms and conditions set forth herein;
and
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting
of the Temporary Construction Easement over, under, upon, and across the Property.
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 are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall grant Purchaser a Temporary Construction Easement over, upon,
and across the Property described in Exhibit "A" attached hereto in exchange for the
sum of $300.00.
2. Purchaser shall pay Owner for the Temporary Construction Easement by County
Warrant.
3. Both Owner and Purchaser agree that time is of the essence in regard to the
closing and therefore, said closing shall occur within sixty (60) days of the execution of
the Agreement by Purchaser. At closing, Owner shall deliver a Temporary Construction
Easement to Purchaser in a form acceptable to Purchaser and Purchaser shall deliver
the County Warrant to Owner.
4. Conveyance of the Temporary Construction Easement, or any interest in the
Property, by the Owner is contingent upon no other provisions, conditions, or premises
other than those so stated herein; 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.
5. Owner is aware of 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.
6. 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 sold to the County, that the seller 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.
7. Owner hereby agrees that it 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 6. This provision shall survive closing and is not deemed
satisfied by conveyance of title.
8. The Purchaser shall pay for all costs of recording the Temporary Construction
Easement. All other costs associated with this transaction including but not limited to
transfer, documentary and intangible taxes, and recording costs, if any, for any curative
instruments shall be borne and paid by Owner.
9. Owner agrees to grant the Temporary Construction Easement for the purpose of
constructing public facilities in this area. This Temporary Construction Easement shall
commence on January 1, 2003, and expire on December 31, 2004, UNLESS actual
construction and installation of public improvements has not yet commenced, in which
case the easement shall automatically extend from January 1, 2005 through December
31, 2006. Owner shall be provided with a copy of the recorded Notice of Time
Extension.
10. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
11. 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 trustee, and assignees whenever the context
so requires or admits.
IN WITNESS WHEREOF, the parties hereto have executed this Temporary
Construction Easement Agreement on this 1~t day of /~-~.~,~" ,2001.
Dated Project/Acquisition Approved by
BCC: ~2:~z:. ~
AS TO PURCHASER:
........ :;.',:,, ....... ~
..' .~r,~ ..~.¥,,,gATED;
.;~':,, ..... . C,., ~, /
' -:'b' .' ~---
%. '. ~ , )gW~HT E. BROCK, Clerk
~. .. -. .'.~?'- ' ,..'
', ;;,--".:~ ~ ~~ Deputy
Attest ~ to Chairman's
DATED:
(S~atur~
(Print' Name)
(Signature)
(Print Name)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,~
BY: ~---------'~_.~_~Z¢~. ~ '1__
JAMES D~ARTE-~--~.~hairman
WOODMERE LAKE CLUB ASSOCIATION,
INC., a Florida not-for- profit corporation
President.~,~..% ..... ~ -;,t
d~¢,~ Z. (XJ~a~
Approved as to form and
legctTsufficiency:
"-~(Eil~n T. Chad~ell
Assistant County Attorney
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
LEGAL DESCRIPTION (NOT A SURVEY)
PROJECT NO..60101
PARCEL NO ....... 710
FOLIO NO... 00426560001
TEMPORARY CONSTRUCTION EASEMENT
WOODMERE LAKE CLUB, A CONDOMINIUM
The West 20 foot of tho North 60 foot of the South 210 feet of the following described
parcel;
A parcel of land lying in Section 17, Township 50 South, Range 26, Collier County,
Florida, more particularly described as follows: '
COMMENCE at the Northwest comer of the aforesaid Section 17 and nm S 88° 54'
39" E along the North line of said Section 17 for 1382.35 feet, more or less, to the
intersection with the Easterly Right of Way line of County Barn Road, (100 foot right-
of-way) forpoint of beginning; thence run S 00° 21' 4" E, along said Right of Way
line for 334.24 feet; thence hms S 88° 56' 10" E for 470.79 feet; thence run S 00°
17' 8" E for 304.0I feet to tho intersection with the northerly Right of Way line of
Whitakor Road, (60 foot Right of Way); thence run S 88° 57' 21" E along the said
northerly Right of Way line for 664.05 feet thence nm N 00° 14' 11" W for 657.54
feet; thence nm N 88° 54' 39" W for 1115.81 feet to the point of 'beginning.
pag/lgidesc, rlp.065PARCEL 710
o
PUBLIC WORKS ENGINEERING 'DEPARTMENT..
COLLIER COUNTY GOVERNMENT COMPLEX "'
3301 EAST TAMIAMI TRAIL .."
NAPLES, FLORIDA 34112 SHEET 1 OF 1
PROJECT:
PARCEL:
FOLIO #:
County Barn Road
710
00426560001
Peepar'edb~t
Ellen T. Chad~ell, Esq~fre
3301 East flP(J~i 'Frail
Naples, Flor'ida 34112
(941) 774-8400
This pmpe~,,~'~*'~.~,~..~ h~en ~cquired under
throat of cond:,,,~,~¢,,.= ~s exempt from
documen~ a-;-:~~ .. p t~
TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT made and entered into this ~C~'~
day of
2001, by WOODMERE LAKE CLUB ASSOCIATION, INC., a Florida not-for-profit
corporation, whose mailing address is 5660 Woodmere Lake Circle, Naples, FL
34112, (hereinafter referred to as "Grantor"), and COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail,
Naples, Florida 34112, its successors and assigns (hereinafter referred to as
"Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" are used for singular or
plural, as the context requires, and include all the parties to this instrument and their
respective heirs, legal representatives, successors and assigns.)
WlTNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
temporary construction 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 Easement is granted for the express purpose of providing Grantee temporary
access to Grantor's lands as described above, and for the purpose of construction and
installation of public improvements adjacent thereto. This Easement shall commence
on January 1, 2003, and expire on December 31, 2004, UNLESS actual construction
and installation of public improvements has not yet commenced, in which case the
easement shall automatically extend from January 1, 2005 through December 31,
2006. Grantee shall restore the surface of the Easement Area to the condition existing
prior to the commencement of construction adjacent thereto.
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be
executed the day and year first above written.
WtTI~ESSES: ~ ...........
~Signature)' ' .
(Print Name)
'~,~tu~) - ~
(Print N~me)
WOODMERE LAKE CLUB ASSOCIATION,
INC., a Florida not-for- profit corporation
President/Vice President
'l'HI8 CONVEYANCE A~PP{OVED BY THE
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
OF RESOLUTION NO, c2o00
o~-
oo
OR: 2917 PG: 0818
STATE OF
COUNTY
The foregoing Temporary Construction Easement was acknowledged before me
this ~:¢,qCt day of ~ 2001, by (~¢ c~ ~ L. L,O~\~e,, President/Vice
President, on behalf of Woodmere Lake Club Association, Inc, a Florida not-for-profit
corporation, who is .p~m~nally.. _known to me or who has produced
as identification.
(Affix notarial seal)
.,,~m_Y~,,'-',,. Cindy M. Erb
,~,,{b'~' Atlantt~ l~md~g Co.. Ire.
_ (Signat u r~ of.j~,otary)
(Print Name of Notary)
Commission # cc_ cia~t Gq ~
My Commission Expires: ~ I ~'~ o4
Rm~-o~ed as to fora &~ seff~tc~ec~
Ellen I. Chadtm11
OR: 2917 PG: 0819 ***
PUBLIC WORKS ENGINEERING DEPARTNIE
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
LEGAL DESCRIPTION (NOT A SURVEY)
PROJECT NO..60101
PARCEL NO ....... 710
FOLIO NO... 0 0 4 2 6 5 6 0 0 0 1
TEMPORARY CONSTRUCTION EASEMENT
WOODMERE LAKE CLUB, A CONDOMINIUM
Tho West 20 foot of the North 60 feet of the South 210 feet of the following described
parcel;
A parcel of land lying in Section 17, Township 50 South, Range 26, Collier County,
Florida, more particularly described as follows: ·
COMMENCE at the Northwest comer of tho aforesaid Section 17 and run S 88° 54'
39" E along the North line of said Section 17 for 1382.35 feet, more or less, to tho
intersection with the Easterly Right of Way line of County Barn Road, (100 foot right-
of-way) for point of beginning; thence run S 00° 21' 4" E, along said Right of Way
line for 334.24 feet; thence runs S 88° 56' 10" E for 470.79 feet; thence run S 00°
17' 8" E for 304.01 feet to the intersection with the northerly Right of Way line of
Whitakor Road, (60 foot Right of Way); thence run S 88° 57' 21" E along the said
northerly Right of Way line for 664.05 feet thence run N 00° 14' 11" W for 657.54
feet; thence run N 88° 54' 39" W for 1115.81 feet to the point of 'beginning.
Pag,/Isidescrlp.065PARCEL 710
PROFESSIONAL LAND SURVEyOR.FL/i~EG. # 2406
PUBLIC WORKS ENGINEERING DEPA~TMEN'~. :' ·
COLLIER COUNTY GOVERNMENT COMPLEX · .'
3301 EAST TAMIAMI TRAIL -"
NAPLES, FLORIDA 34112 sHEET 1 OF 1