Backup Documents 09/22/2015 Item #16A 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 5
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 r+autin2 slips and Pari ival dowumcuts must be received in the County Attorney Office no later
than Monday preceding the Board meeting. (' ,, ,��,��-(j
**NEW** ROUTING SLIP P.Ezt [ 2�
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document i -!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. County Attorney Office County Attorney Office
3. BCC Office Board of County -b 11
Commissioners \A{(5/ 9\2-:a\\S
4. Minutes and Records Clerk of Court's Office rr
1vv fS 30 PM
5. Executed COPY only returned to: Deborah Farris/GMD-ROW
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 mis ng information.
Name of Primary Staff Deborah Farris Phone Number X5861
Contact/ Department
Agenda Date Item was September 22,2015 Agenda Item Number 16A5
Approved by the BCC
Type of Document Easement Agreement Number of Original One
Attached Documents Attached
PO number or account "
number if document i
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. itial) Applicable)
1. Does the document require the chairman's original signature? Sim r.A s a\( , X
2. Does the document need to be sent to another agency for additio al signature ? If yes,
provide the Contact Information(Name;Agency;Address;Phone) . •.. s-+ .- - . X
Needs Clerk's attestation
3. Original document(s)has/have 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. X
4. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. 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. X
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. X
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. n/a
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 09/22/2015(enter date)and all changes ((2,� N/A is not
made during the meeting have been incorporated in the attached document. The cp•^/ an option for
County Attorney's Office has reviewed the changes,if applicable. is line.
9. Initials of attorney verifying that the attached document is the version approved by the [� /A is not
BCC,all changes directed by the BCC have been made,and the document is ready for th ��O` n option for
Chairman's signature. this line.
L
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
+(Z t.._.S I'3 o . I S - E C tr•i --O2 OCA o
16A5
Martha S. Vergara
From: Martha S. Vergara
Sent: Monday, October 05, 2015 10:31 AM
To: Farris, Deborah
Subject: Recorded Receipt & Copy
Attachments: Debbie Farris.pdf
Attached for you Debbie
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara@collierclerk.com
16A5
PROJECT: CTS-104DE
PARCEL No(s): 104DE
FOLIO No(s): 00187240000, 00187400002&00188040005
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EASEMENT AGREEMENT vCt
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THIS AGREEMENT (hereinafter r (erred to as the "Agreement") is made and N a 1
entered into on this l Q) day of d v. 20 l5,, by THOMAS S. �? LL
MONAGHAN, INDIVIDUALLY AND AS TRUSTEE UNDER A TRUST AGREEMENT c0 Q Q
DATED AUGUST 24, 2004 KNOWN AS THE TREE FARM LAND TRUST, whose ci co 0
r� cow LI-
mailing address is 24 Frank Lloyd Wright Drive, Ann Arbor, Michigan 48105 (hereinafter <rLi, 9 J o
referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Ln o u
Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County O cv v >-
Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as"County"). cv 0 z
inc� LtD
WITNESSETH: to o C0 0 0
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WHEREAS, Collier County Ordinance No. 07-54 (a/k/a the "Tree Farm MPUD" ,n 0 = w in
Ordinance), Section 6.3 (F), requires the developer of the Tree Farm MPUD property to cr 0 0 Efl
accept and treat stormwater from 50% of the impervious area of the proposed (n 0 o 0
extension of Collier Boulevard adjacent to the Tree Farm MPUD in accordance with 0 00 o
South Florida Water Management District permitting requirements; and
WHEREAS, County has requested that Owner, in satisfaction of this requirement,
convey to County a Drainage, Access and Maintenance Easement over, under, upon
and across the lands described in Exhibit "A" (hereinafter referred to as the
"Easement"),which is attached hereto and made a part of this Agreement; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Easement to County for the stated purposes, on the terms and conditions set forth
herein, said terms including that no compensation shall be due and payable for the
Easement requested by County.
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. RECITALS. All of the above recitals are true and correct and are hereby
expressly incorporated herein by reference as if set forth fully below, and all
Exhibits referenced herein are made a part of this Agreement.
2. EASEMENT.
(a)GRANT AND PURPOSE - OWNER HEREBY CONVEYS the Easement to w
.. -0 n d County for the stated purposes. The Easement is perpetual, non-exclusive,
STA.:
"blanket" in nature and extends to all surface and underground stormwater
j` i � management systems including lakes, ponds, swales and ditches, and to all r'4
•
la such underground conveyance systems, including pipes, inlets and water
•
control structures (collectively referred to as "Drainage Facilities"), as may be 14
installed or constructed on the lands described in Exhibit "A", giving County
_
the right (but not the obligation) to enter upon the subject property and
Qperform maintenance on any of the components comprising the Tree Farm i i
M
MPUD stormwater management system.
71
D02i8 (b)CONSTRUCTION
0 a ,
AND MAINTENANCE OF DRAINAGE FACILITIES.
m
(1) Construction of the Drainage Facilities. Any and all cost or C a
CA
1expense associated with the design, permitting and construction of c
any of the Drainage Facilities located on the lands described on e
2 1 Exhibit"A"shall be the sole and absolute responsibility of Owner.
lg
16A 5
(2) Maintenance. Any and all cost or expense associated with the repair
or maintenance of the Drainage Facilities located on the lands
described on Exhibit"A"shall be the sole and absolute responsibility of
Owner; however, County shall have the right(but not the obligation)to
perform such maintenance on any of the components comprising the
Tree Farm MPUD stormwater management system as it deems
necessary.
3. TERM. The term of this Agreement and the terms and provisions of the"blanket"
easement granted pursuant hereto shall be effective upon execution of this
Agreement by both parties, shall continue perpetually thereafter, 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.
4. NO PUBLIC DEDICATION. Nothing contained herein shall be deemed to
constitute a gift or dedication of any portion of the Easement to the general public
or for the benefit of the general public, it being the specific intention of Owner that
the grant of the Easement is strictly limited to the County for the drainage, access
and maintenance purposes stated in Paragraph 2 above.
5. ENTIRE AGREEMENT. Conveyance of the Easement by Owner is contingent
upon no other provisions, conditions, or premises other than those so stated
above; and this 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.
6. VENUE. This Agreement is governed and construed in accordance with the laws
of the State of Florida. In the event a court of competent jurisdiction shall
determine that any provision hereof is invalid or unenforceable, such invalidity or
unenforceability shall not affect the remaining provisions hereof, all of which shall
remain in full force and effect. This Agreement may not be amended or modified
except by an instrument in writing executed by Owner and County, and their
respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
and as of the date first above written.
AS TO COUNTY:
DATED:September 22, 2015
BOARD OF COUNTY COMMISSIONERS
. DWIGHT E:BRO,CK, Clerk COLLIER COUNTY, FLORIDA
ZR74/161,„•
Mt`St as to hdiRt1? ty Tim Nance, Chairman
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
OWNER'S SIGNATURE CONTINUED TO NEXT PAGE
1 6 A 5
AS TO OWNER:
DATED:
2/
Witn: ' Signature) HOMAS S. M AGHAN, individua
and as Trustee U/T/A dated
FC ce.Sk- i--- August 24, 2004 known as the
t (Print or Type) Tree Farm Land Trust
Witness (Signature) &-
La 102e
Name (Print or Type)
STATE OF PIlekir ul
COUNTY OF to 45n
-1' e foregoing Easement Agreement was acknowledged before me this 1 v��` day of
*105 , 201 ,5" by Thomas S. Monaghan, individually and as Trustee
and r a Trust Agreement dated August 24, 2004 known as the Tree Farm Land Trust,
who:
Ais personally known to me
OR
produced as proof of
identity.
(affix notarial seal) ��..�??
(Signature'o ota
�j114 t A.Jfi 'enMli 1 f
(Print Name of Notary Public
Serial/Commission#(if any): _
My Commission Expires: jl-1 G-19
DINA L.WALDENMAYER
NOTARY PUBUC-STATE OF MICHIGAN
COUNTY OF WAYNE
My Commission Expires Now 16,2019
Acting in the County of /tJo4kttoi144,)
Approved as to form and legality:
Jenner A. Belpedio
511
Assistant County AU. :P
\
Last Revised 12/10/2014
1 6 A 5
EXHIBIT"A"
Parcel 1: The East half of the Southeast quarter, of the Northeast quarter of Section 22,
Township 48 South, Range 26 East, Collier County, Florida;
Parcel 2: The East half of the Northeast quarter, of the Southeast quarter of Section
22, Township 48 South, Range 26 East, Collier county, Florida; and
Parcel 3: The East half of the Southeast quarter, of the Southeast quarter of Section
22, Township 48 South, Range 26 East, Collier County, Florida.
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