Backup Documents 06/24/2014 Item #16C3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL THE BOARD OF COUNTY COMMISSIONERS O DOCUMENTS
ICE FOR SIGNATURE 1 6 C3
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. Jennifer A. Belpedio, ACA County Attorney _ (,� \234- County Attorney Office �`3`
2. BCC Office Board of County
Commissioners Y `\c / (AZ-4A
3. Minutes and Records Clerk of Court's Office
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 Toni A.Mott Phone Number 239-252- 80
Contact/ Department
Agenda Date Item was June 24,2014 Agenda Item Number 16C3
Approved by the BCC
Type of Document Utility and Access Easement Agreement Number of Original 1
Attached Documents Attached
PO number or account N/A
number if document is
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. (Initial) pplicable)
1. Does the document require the chairman's original signature? TAM
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A ir
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 TAM
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 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 N/A V
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 TAM
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
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
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on May 27,2014,and all changes made TAM
during the meeting have been incorporated in the attached 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 on 6-24-14,all changes directed by the BCC have been made,and the document i
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
MEMORANDUM 16 C 3
Date: June 25, 2014
To: Toni Mott, Property Acquisition Manager
Facilities Management
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Utility and Access Easement Agreement
Folio #52730007457
Project: P.S. 147 Improvements
Attached are a copy of the agreement referenced above (Item #16C3),
approved by the Board of County Commissioners Tuesday, June 24, 2014.
The original agreement is being kept by the Minutes and Records
Department as a part of the Board's Official Records.
If you should have any questions, please contact me at 252-8411.
Thank you.
16C3
Memorandum
TO: Min s & Records
FROM: ni A. Mott, Real Property Management
DATE: June 19„2014
RE: P.S. 147 @ Kensington — Utility and Access Easement Agreement
This item was approved at today's June 24, 2014 BCC meeting: item 16C3
Please attest to Commissioner Henning's signature as Chairman on the Utility and Access
Easement Agreement. The original fully executed Agreement will remain in your files and
Real Property Management would appreciate a scanned copy of the Agreement as soon as
its attestation is complete to allow processing of the pay packet with Finance to meet the
closing date.
Please contact me if you have any questions or comments at Extension 8780.
Thank you!
16C3
Project: P.S. 147.00 Improvements
Folio No.: 52730007457
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 KENSINGTON PARK MASTER
ASSOCIATION, INC., a Florida Non Profit corporation whose mailing address is 5435 Jaeger
Road, Suite 4, Naples, Florida 34109 (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 Seven Hundred Ninety Two and
no 00/100 Dollars ($792.00), 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. Owner agrees to convey the Easement for the purpose of constructing, operating and
maintaining utility facilities on lands within the Easement Area. CCWSD shall repair or
replace the surface of any lands disturbed within the Easement Area after construction has
been completed.
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.
16C3
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
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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
2
16C3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
dates hereinafter stated.
Date Property acquisition approved by BCC: JUG-e5 (tJ M •-
AS TO CCWSD:
DATED: U It t-f.,)01'1' .
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER ;
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOAR' OF THE COLLIER
COUNTY ;TER WER DISTRICT
eainr-42Lvv-CV BY: k
Deputy Clerk om Hennin•, Chairm- •
Attest as to Chairman�s
signature only.
AS TO OWNER:
DA D: I /6 • KENSINGTON PARK MASTER ASSOCIATION,
/ a Florida Non Profit corporation
�/
Vii/ By: /
W^ness (Signature)
ame: _ 4'7. Print Name: 44,eey .J 8e e
(Print or ype)
, • Title: ,Pierzs fJ,/=iv -
itne •ig ture)
Nam .o' �ti irk,v�-
(Print.• Type'
ATTEST:
Approved as to form and legality
DWIGHT E. OCK, Clerk
By: AssistanYCounty Attome
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is i PLAT BO K 36, PAGES 93-97
`; 20' BUFFER EASEMENT
R o c 20' BUFFER EASEMENT TRACT 1
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EXHIBIT..
a
IC* Stantec
LEGAL DESCRIPTION
Of part of Tract 1, Kensington Park Phase One,
Plat Book 21, pages 62-67,
Collier County, Florida.
(Pump Station 147 Additional Easement)
All that part of Tract 1, according to the plat of Kensington Park Phase One, Plat Book
21, pages 62-67, of the public records of Collier County, Florida, being more
particularly described as follows;
Commencing at the Southeast corner of said Tract 1,
Thence along the existing Collier County Utility Easement as shown on said plat of
Kensington Park Phase One, North 63°45'53" West 34.15 feet to the POINT OF
BEGINNING;
Thence leaving said easement South 53°43'38"West 42.61 feet;
Thence North 36°16'22" West 58.11 feet;
Thence along an existing Buffer Easement as per said Plat North 00°38'53" West
4.79 Feet.
Thence North 53°43'38" East 12.21 feet to a point on said Collier County Utility –
Easement;
Thence along said easement in the following Three (3) described courses:
1. South 36°16'22" East 30.00 feet;
2. North 53°43'38" East 10.96 feet;
3. South 63°45'53" East 36.07 feet to the POINT OF BEGINNING.
Containing 1540 Square Feet or 0.036 acres more or less.
Subject to easements and restrictions of record.
Bearings are based on the south line of said Tract 1, being South 72°48'54" West.
Certificate of authorization #LB-7866.
Stantec Consulting Services Inc.
Registered Engineers and Land Surveyors
By: — Date October 11, 2013
Lance T Miller, Professional Surveyor and Mapper #LS5627
Not valid unless embossed with the Professional's seal.
Ref. 2G-853
Rev to avoid existing buffer easement 11-14-13
1
4 r
PROJECT: P.S. 147.00 Improvements --mis ce4�/
FOLIO No.: 52730007457 r
— Nor F'le-1 647e-D4T1 V/V
UTILITY AND ACCESS EASEMENT
THIS UTILITY AND ACCESS EASEMENT, made and entered into this day of ,
2014, by KENSINGTON PARK MASTER ASSOCIATION, INC., a Florida Non Profit corporation, whose mailing address
is 5435 Jaeger Road, Suite 4, Naples, Florida 34109, (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.)
4:414
WITNESSETH: ■
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valua sideration paid by the
Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conve gr ts, ains and sells unto
the Grantee, its successors and assigns, a perpetual, non-exclusive easement for 40Macilities a access purposes,
over, under, upon, and across the following described lands located in Collier County, P1trida, to wit:
SEE ATTACHED EXHIBIT"A"
Subject to easements, restrictions, and resery . ns rd.
THIS IS NOT HOMESTEAD PR RT .
TO HAVE AND TO HOLD the same unto the Gr r with the right to enter upon said land,
excavate, and place or remove materials, including, but not li ej.,
• ility lines and pipes, and other equipment or
improvements appurtenant thereto or thereunder for the • o •nstructing, operating, and maintaining utility
facilities thereon. The easement granted herein shall co • e. ents running with the land and shall burden the
lands described above.
IN WITNESS WHEREOF, the Granto -s cab -d these presents to be executed the date and year first
above written.
NSINGTON PARK MASTER ASSOCIATION, INC.,
a Florida No rofit corporation,
1/ 1,v By 24
o'4 (
Witne-' (Signature) O
J
/4 B;AeD
Name: J ?,e t
(-rint or T p= Title:
�,
: r ' 4
vir
I f itnes- *•.g . '_
Name: uP i .7:Alr lei (\Nix--
(Print o, •e)
STATE OF Y—I ( ' LJ r!ti
COUNTY 0 61\1 E r
/),,_-1 `
0 The foregoing Utility and Ac s� Eas men was cknowl dged before me this ,;,L day of
'i , I , 2014 by &1 I _ . tit' Q lame), (Title),
f of Kensington Park Master Associ ion Inc. Florida Non Profit corporation, who is[ v]
on LiJehal o g P
personally known to me, or [ ]who has produced as identification.
4 hLI"'
WITNESS my hand and official seal this'1-" day of 111--)1' , 2014.1-1(affix notarial seal) /��(� Jk b1,ti1 iv`
( Oat re pf N to liq,
.0‘44;.,. BRIGIT BRENNAN J( L r''\•`mot �'
`9 MY COMMISSION U EE205284 ( rint a e of Notary Public)
EXPIRES June 18.2016 NOTA PUBLIC L - -" b,-;- ) 5t-/
oon368-0 1ti3 viaidallo�YS• ^ Serial/Commission#:(if any)
My Commission Expires: , I:7 ! ,.y
0
RECORDED DED 7311 OR 5i) 9 0;458
RECORDED 71181'�t:1 a 12:05 PM PAGES 3
DWIGHT E BROCK,CLERK OF THE CIRCUIT COURT
COWER COUNTY FLORIDA
DOC c@•..i 0$5.60 RED$27 00
CONS$792 00
PROJECT: P.S. 147.00 Improvements
FOLIO No.: 52730007457
UTILITY AND ACCESS EASEMENT
T ...,i it
THIS UTILITY AND ACCESS EASEMENT, made and entered into this le-) day of__ Lt,.,
2014, by KENSINGTON PARK MASTER ASSOCIATION,INC., a Florida Non Profit corporation,whose mailing • ress
is 5435 Jaeger Road, Suite 4. Naples, Florida 34109. (hereinafter referred to as"Grantor"),to the BOARD OF C NTY
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 Tarniarri 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 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 utility lines and pipes, and other equipment or
improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining utility
facilities thereon. The easement granted herein 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.
KENSINGTON PARK MASTER ASSOCIATION,INC.,
a Florida Non Profit corporation,
,1,2 ,
jJ_
� 1
Witne Signature)
] y,, Name 1 r ,,.r- arf'I,''r[
(Print or(T4pe) Title 3� e , ��
r ryp l.�' , nom.. •,�.
j fitness' gn.tu e) j
Narne. i tt� _�,Y ,Vl`� ya,'�,�\ - *NTS CONSTYANCE ACCl1�TE0 BY YON
(Print or Tye) ',/ �,f Ctw112SSItJ1iERS�
r COL COUNTY, FLORIDA,
DATED z NM,
ITEM NO. 1 Ct(
STATE OF WI L.%`L,.
r
COUNTY t`I4, i ,
3
'the foregoing Utility and Access Easement s acknowledged before me this.,4 ) day of
}")i I ,2014 by /(,t (i:1 .:X tC' (Name), (Title),
on blehalf of Kensington Park Master Aciation, Inc.a Florida Non Profit corporation,who is[ .'JA
personally known to me.or [ )who has produced as identification.
i .
Ai-WITNESS my hand and o; eal this;42.2 day of -t`r ,2014.
B�ENNAN r. i�
, 'N fix r sser It Lviv,\
my Gs3PAt85, #t E2U5284
'a ( ignature• No=y Public.)
"""+ CjtFIR� 1ttn�18.2098 A C 1\ "
Fmr ttoW'9` d.axr+ 2t i�,,1. , 3,..A y�._ _._..........
(4atrr�_4°...'�7)')U4M (Print Na/ae of Notary Public)
NOTARY IUBLIC
Approved as to form and legality Serial/Commission#:(if any) -a 1 .I'") IJ`-f
My Commission Expires: nom" .
Assistant County A CNtitT9Y ,�
EXHIBIT 16 C3 ,
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Page,4_of
LEGAL DESCRIPTION
Of part of Tract 1 Kensington Park Phase One,
Plat Book 21. pages 82'G7.
Collier County, Florida.
(Pump Station 147 Additional Easement)
All that part of Tract 1. according to the plat of Kensington Park Phase One. Plat Book
21, pages 62-67, of the public records of Collier County. Florida, being more
particularly described as follows;
Commencing at the Southeast corner of said Tract 1;
Thence along the existing Collier County Utility Easement as shown on said plat of
Kensington Park Phase One, North O3"45'53'' West 84.15 feet to the POINT OF
BEGINNING;
Thence leaving said easement South 53°43'38^West 42.G1 feet;
Thence North 3G"1G'22" West 5O.11feet:
Thence along an existing Buffer Easement as per said Plat North 00038'53" West
4.79 Feet.
Thence North 53°4338' East 12.21 feet to a point on said Collier County Utility
Easement;
Thence along said easement in the following Three(3) described courses:
1. South 36016'22" East 30.00 feet;
2. North 53043P38' East 10.96 feet;
3, South 63°45'53' East 36.07 feet to the POINT OF BEGINNING.
Containing 154U Square Feet or0,U38 acres more urless.
Subject to easements and restrictions of record.
Bearings are based on the south line of said Tract 1. being South 72°48'54^ West.
Certificate of authorization #LB-7866
ritee Date October 11. 2013
.0.''''RegIsteked Engineers and Land Surveyors
� Laric ional Surveyor and Mapper #LS5627
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.�'Nbt valid unless embossed with the Professionals seal.
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