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Backup Documents 04/22/2014 Item #16C2 •, ONTO ACCOMPANY ALL ORIGINAL ROUTING SENT TOLD b C 2 P THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office q I as/l 4. BCC Office Board of County 11"'` Commissioners \ ` `\-z2- 5. Minutes and Records Clerk of Court's Office `( (2R(I' (:IteM PRIMARY CONTACT INFORMATION 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 mar X- rn` h.• Phone Number Contact/ Department a.673."Sta a" Agenda Date Item was Q n' a �D l� Agenda Item Number �� a Approved by the BCC p Type of Document O,4'j tarld of c's1 ei:15° 1. Number of Original Attached Documents Attached One.— PO number or account number if document is See. eyuj cL.yet otal 7grn to be recorded V .(/y�j'�,�yloyj aria,—�; °-OJ En t ■STRUCTIONS & 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? 1,41--. 2. Does the document need to be sent to another agency for additional signatures? If yes, N(� 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 be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's // Office and all other parties except the BCC Chairman and the Clerk to the Board N`�" The Chairman's signature line date has been entered as the date of BCC approval of the 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 1/21-7. signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip 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 N/A.. time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 4:02,1 t (it y date)and all changes made during the meeting have been incorporated in the at ached 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 BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16C2 Project Sabel Bay Force Main Folio No:52505030125,52505030167,52505030086&00431520609 UTILITY AND ACCESS EASEMENT AGREEMENT THIS UTILITY AND ACCESS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between MINTO SABAL BAY, LLC, a Florida limited liability company whose mailing address is 4400 W. Sample Road, Suite 200, Coconut Creek, Florida 33073 (hereinafter referred to as "Owner"), 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 "CCWSD"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112; WHEREAS, CCWSD has requested that Owner convey to the CCWSD a perpetual non-exclusive Utility and Access Easement over, 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"Easement Area")to the CCWSD for the stated purpose of constructing, maintaining and operating utility facilities thereon, on the terms and conditions set forth herein: and WHEREAS, Owner desires to convey the Easement Area to CCWSD for the stated purposes on the terms and conditions set forth herein. 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 Easement Area to CCWSD via a Utility and Access Easement, in the form attached hereto (Attachment "1"), for the sum of Thirty Three Thousand dollars One Hundred Fifty Four and no 00/100 Dollars ($33,154.00), U.S. currency by County Warrant or wire transfer(said transaction hereinafter referred to as the"Closing"). 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 underlying the Easement Area upon their recording in the Public Records of Collier County, Florida. Owner shall provide such instruments, properly executed, to the CCWSD on or before the date of Closing. 3. CCWSD shall repair or replace at their cost any existing or future above ground/below ground improvements such as landscaping, walls, signs, access roads, utilities, etc., to existing conditions or better due to the repair and/or replacement of the CCWSD owned and maintained wastewater force main. Additionally, the Owner, its successors and assigns, may utilize the Easement Area for access, and is allowed to construct site improvements, including, and not limited to access roads, walls, signage structures, utilities, landscaping, within the Easement Area. 4. Closing shall occur within sixty (60) days from the date CCWSD executes this Agreement: provided, however, that CCWSD shall have the unilateral right to extend the term of this Agreement for a period not to exceed 60 days 5. Owner is aware and understands that the "offer" represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida, 6. Owner represents that to the Owner's knowledge, the Easement Area and all uses of the Easement Area have been and presently are in compliance with all Federal, State and Local environmental laws; that to the Owner's knowledge, no hazardous substances have been generated, stored, treated or transferred on the Easement Area except as specifically disclosed to CCWSD; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Easement Area to be conveyed to CCWSD; that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Easement Area, b) any existing or threatened environmental lien against the Easement Area or c) any lawsuit. proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Easement Area. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. CCWSD shall pay for all costs of recording the conveyance instruments in the Public Records of Collier County, Florida. All other costs associated with this transaction including CA. 16C ? but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. The cost of a title commitment shall be paid by CCWSD. 8. Owner shall indemnify, defend, save and hold harmless the CCWSD against and from, and to reimburse the CCWSD 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 CCWSD 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. 9. 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. 10. Conveyance of the Easement Area 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. 11. If the Owner holds the property underlying the Easement Area 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 underlying the Easement Area before the Easement Area held in such capacity is conveyed to CCWSD, 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.) 12. This Agreement is governed and construed in accordance with the laws of the State of Florida. 2 16C2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates hereinafter stated. Date Property acquisrion approved by BCC: 1'\1)Y +4 ':r AS TO CCWSD: DATED: 111111 >rit Z//4. . ZCtL. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FL:QRIDA,AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY W TER-$ WER DISTRICT a4_ j, ,clerk Tom Henning Cha rry�n Attest as to '' siaa3ture only. AS TO OWNER: DATED: ? ) MINTO SABAL BAY, LLC, a Florida Iimidjiability company / By: Z W ness4Socature) i` M1' Name; r A Print Name. (Print or;fy,pe) Title ,t'r • t r- r(.l'r•--1 • WitnesSignature) Name: : (Print or Type) Approved as to form and legality AssisWtnt unty Atto cy 3 1602 EXHIBIT Pagea.....„4-- ,,,. // ,,,,, /), . . . . . , . , . . m ,,,, .//- = m e F `� m F lb m ft m z"i I „ ,; . N `” / b co zz n, NAD 1983 cn " 71r - o _'f�"'^-"y col ?.. 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Civil Engineers,Land Surveyors and Planners DESCRIPTION Parcel in Section 19,Township 50 South, Range 26 East Collier County, Florida A tract or parcel of land lying in Tract "0-2" of the record plat "Isles of Collier Preserve Phase 1" recorded in Plat Book 54, Page 3 of the Public Records of Collier County, Florida, said tract or parcel of land being more particularly described as follows: Beginning at the Most Northerly corner of said Tract "0-2" run S39"03'58"E along the Southwesterly right of way line of Tamiami Trail (U.S. 41) (State Road No. 9o) (F.D.O.T. right of way Section No. 03010-2116) (200 feet wide) for 487.97 feet to the Northerly most corner of lands described in deed recorded in Official Records Book 4933, at Page 1394, Collier County Records; thence run S50°56'02"W along the Northwesterly line of said lands for 15.00 feet; thence run N39°03'58"W parallel with said Southwesterly right of way line for 485.37 feet to a intersection with the Northwesterly line of said Tract "0-2"; thence run N41°o5'3o"E along said Northwesterly line for 15.22 feet to the POINT OF BEGINNING. Containing 0.17 acres, more or less. Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007) and are based on the Southwesterly right of way line of Tam iami Trail (U.S. 41) (State Road No. 90) (F.D.O.T. right of way Section No. 03010-2116) to bear S39°03'58"E. 2`./. Scott A. Wheeler(For The Firm) Professional Surveyor and Mapper Florida Certificate No. 5949 23099-Sabal Bay rila8e,1 WSCript i(MS\SlietCh 23099$1,116.diR" Post Office Drawer 2800 •Fort Myers,FL 33902 Phone(239)461-3170• Fax(239)461-3169 N 16 C 2 Page w.. t ...,w !I ii m Section&Range Line 0 (West of NW 1/4),J Iti ;°" Township S0 South,Range 25 East §,i Section 24 / ti 1 I i , ' ti' (SEC.COR.TO 1/4 SEC.COR.) i w S00°14'12"W 2701.48' / �/ 0...4c, {—Section 19 'T --t. '4, Township 50 South,Range 26 East /1 \(�� o %*\ ycyis / c,ES/ �)c 0000 to <<( p ° q OS,- , �(f,E° yqN p9 S Of' a .., \'�\r9y6 �O9\y\ a ot� y��� �I L � _0o,.. 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B Page_,,:61._01.:4_ WWW.barraeo.net Civil Engineers,Land Surveyors and Planners DESCRIPTION Parcel in Section 19,Township 50 South, Range 26 East Collier County, Florida A tract or parcel of land lying in Section 19, Township 50 South, Range 26 East, Collier County, Florida, said tract or parcel of land being more particularly described as follows: Beginning at the Most Easterly corner of of lands described in deed recorded in Official Records Book 4933, at Page 1394, Collier County Records, also being the Most Northerly corner of Tobago Boulevard, a portion of Tract "R" of the record plat "Isles of Collier Preserve Phase 1" recorded in Plat Book 54, Page 3 of the Public Records of Collier County, Florida, run S39°o3'58"E along the Southwesterly right of way line of Tamiami Trail (U.S. 41) (State Road No. 9o) (F.D.O.T. right of way Section No. 03010-2116) (200 feet wide) for 3,434.14 feet to the Northeast corner of lands described in deed recorded in Official Records Book 2605, at Page 2481, Collier County Records; thence run S88°10'52"W along the Northerly line of said lands for 18.84 feet; thence run N39°o3'58"W parallel with said Southwesterly right of way line for 3,422.73 feet to a intersection with the Southeasterly line of said lands described in Official Records Book 4933, at Page 1394; thence run N5o°56'o2"E along said Southeasterly line for 15.00 feet to the POINT OF BEGINNING. Containing 1.18 acres, more or less. Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007) and are based on the Southwesterly right of way line of Tamiami Trail (U.S. 41) (State Road No. 90) (F.D.O.T. right of way Section No. 03010-2116)to bear S39°03'58"E. , 2/ ,7 .-A .74 Scott A. Wheeler (For The Firm) Professional Surveyor and Mapper Florida Certificate No. 5949 1.:\23099 Saha!Bay Phase 1',,Descriptiona,„Sketa\23099s1(17,doc Post Office Drawer 2800 • Fort Myers,FL 33902 Phone(239)461-3170• Fax(2:39)461-3169 _ EXHIBIT. A Township 50 South, Range 25 East Section A Sf"* 'Pl ±..-f al F: 1 6 C 2 (SEC.COR.TO 1/4 SEC.COR.)\ ■ 444...;,•158 cv .41,11, -," -S 00°1412"W A 270148. 1 ,/ 77-Y-N-\ \\ cc -- vr-- I el ---- 1 Southeasterly line of--, ....,4 , Y...., O.R.4933,PG.1394,C.C.R. 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Civil Engineers,Land Surveyors and Planners DESCRIPTION Parcel in Section 19,Township 50 South, Range 26 East Collier County, Florida A tract or parcel of land lying in Section 19, Township 50 South, Range 26 East, Collier County, Florida, said tract or parcel of land being more particularly described as follows: Commencing at the Southeast corner of said Section 19 run S88°10'52"W along the South line of the Southeast Quarter (SE 1/4) of said Section 19 for 845.20 feet to an intersection with the Southwesterly right of way line of Tamiami Trail (U.S. 41) (State Road No. 90) (F.D.O.T. right of way Section No. 03010-2116) (200 feet wide) and the POINT OF BEGINNING. From said Point of Beginning continue S88"1052"W along said South line for 18.84 feet;thence run N39°03'58"W parallel with said Southwesterly right of way line for 62.81 feet to a intersection with the Southerly line of said lands described in deed recorded in Official Records Book 2605, at Page 2481, Collier County Records; thence run N88°1052"E along said Southerly line for 18.84 feet to an intersection with said Southwesterly right of way line; thence run S39°0358"E along said Southwesterly right of way line for 62.81 feet to the POINT OF BEGINNING. Containing 0.02 acres, more or less. Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007) and are based on the Southwesterly right of way line of Tamiami Trail (U.S. 41) (State Road No. 90) (F.D.O.T. right of way Section No. 03010-2116)to bear S39°03'58E. Scott A. Wheeler (For The Firm) Professional Surveyor and Mapper Florida Certificate No. 5949 sahul Bay Phaae 1\DeSCliptiOfIS Sket Ch 23099Sh 18 AOC Post Office Drawer 280o• Fort Myers,FL 33902 Phone(239)461-3170• Fax(239)461-3169 EXHiBIT T % Township SO South,Range Z3 East Paw „. SerUan 14 Section& hi iLT `(SEC.COR.T01/4 SEC.COR.) Range Line 14. w S00°14'12"W h 2701.48' ii___�__\_ Fa- U r� \\} \ IJ V, i, h cc ti \ o. eii o`1 co I n \ w o`„ oi 1 // Z. q� -/p,�� \ C - ~--��_y,! 0 .nOCi",u fit. �3, cl ,o nw �3 0 o�'"a '5 Ot e, �'1 � '--\a0N„to ae ®ties°' ry p se of �a� Co*a04o�g�`��aps/ h w a s 1,- A\� / �. fl to o :0 NI \g0tiv/\ / 3zo N1n �o to °' t://,0 g ti gl n//m *y t. / / Al O b 1,4 8 N N d ?0 ,, � ""'� a on �: p '`' : ;to aC7 mo jS- Li) t. T' r'~ .ybm ° 3 �1= n m "• a O q ft �,1"i ry.0 N, R m a mfiQ - a -0 ,5')".:1:'''''A ft n, rn G w N i Z _0 k T{ ~M m 'ice H .bz I E 5. \ ]O<T h :mh 6O 0 mTThCl mm b �wyrn2�mgs c--) mmpr , n c yu'> �} r''. '' , v�y0ir`,,-,,hif::nfzzorz-- mu) --,,-- nx". Q---' 'T 1 z 7 o T(/!T:Z T rT,T f-f~ °°'-' , P,' �:i CO Z1�,,o Rich .?,:',3 fr1y0O, m%., n%~' �// - — h cn-, ,0 :�Tmn rnmti' c ..' Xi ' t • , `m y l m ", x :. A ? cm A i}� NAD 1& • O m A m am h , I)p�- O 'l t..; �to a PLANE .�pn -y ` o z r y ` l m � )111.10..----- '. 0 0 m m m C " 1 r '°'\ " r r n ill. A rn 2 fS O ox rrn ` n o z F e' :'fi x .,r c a c 'f ' 3 ,� g;',,,;,;.:9;5 'i ooi ro tn i '1 w , , -z..y-b ^ h x 'i F '4 g 4 IM1+ O I`,J <G IIi 11 ( t!� r ,,. ° R A Q p Ow.,,, i ,+i 16 C 2 PRO,ECT Sabal Bay Force Main Project FOLIO No 00431520609.52505030125 52505030167&52505030086 UTILITY AND ACCESS EASEMENT THIS UTILITY AND ACCESS EASEMENT, made and entered into this „ day of 2014 by MINTO SABAL BAY,LLC,a Florida limited liability company,whose mailing address is 4400 W. Sample Road, Suite 200. Coconut Creek, Florida 33073, (hereinafter referred to 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, its successors and assigns,whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, (hereinafter referred to 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 easement for wastewater utility facilities and access purposes,over,under, upon,and across 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. 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 wastewater lines and pipes.and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining wastewater utility facilities thereon. The easement granted herein shall be subject to the terms and conditions of the Utility and Access Easement Agreement of even date between Grantor and Grantee which are incorporated in full herein by this, reference and shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. MINTO SABAL BAY,LLC,a Florida limited liability company By. r Witness(Signature) I n , Print Name.v„, Name: , rt (Print or Type) ~Witness(Signature) Name: Jc.r 34)::› /1:: (Print or Type) STATE OF t ,. COUNTY {.t It 1.�`�, ', .ii; The foregoing Utility q rid Access Easement was acknowledged before me this ` day of .2014 by Y' .3 s't'1 r I _ (Name),�� ,:_t L'_ , 1 .(Title),on behalf of Minto Sabal Bay, 'LC a Florida limited liability company,who is e 3 personally known to me,or [ ]who has produced _ as identification WITNESS my hand and official seal day of -7, , „-,,,_. 2014. (affix notarial seal) (Signature bf Nptary Public) 16111imandibramilirdlis.W051.4014W110 (Print Name."of Notary Public) 1�i 012 NOTARY PUBLIC Hoary ArHIC•0ttp W pbriii! Serial/Commission#(if any} c ` rCt .ErtnPi,2Gi7I My Commission Expires: ' Cowniitien#EE 177510