Force Main Parcel 702
Memorandum
TO:
FROM:
Minutes & Records Management < ~
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Cindy Erb . \ \,~
Sr. Property Acquisition Specialist 0'v
Real Estate Services
DATE:
October 23,2003
RE:
Santa Barbara Force Main Interconnect Project - Parcel # 702
Folio No. 36459360006
Please find attached one (1) oriainal recorded Temporary Construction Easement, and
one (1) oriainal Temporary Construction Easement Agreement for the above
referenced project.
The Board of County Commissioner of Collier County, Florida approved the acquisition
by gift and purchase pursuant to Resolution # 2003-322/CWS Resolution # 2003-03,
Agenda Item 16 C, dated September 23,2003.
Please contact me if you have any questions or comments at 8917.
Thank you.
attachments as stated
cc: Property Appraiser's Office w/TCE only
Inventory File w/attachments
Office of the Real Property Management Department
--
3276350 OR: 3419 PG: 2030
PROJECT: Santa Barbara Force Main Interéonnec1 Pr~~9J\DED in OPFICIAL RECORDS of COLLIER COUH'l'Y, PL
PARCEL: 702 '1fTt1Iï2003 at 02:07PM DWIGH'l' E. BROCK, CLERK
FOLIO' 36459360006 COifS 1100.00
. REC FBE 15.00
DOC-.70 7.70
COPIES 3.00
Prepared bJ:
Ellen T. Chadwel,. Elquire
Office of the County Attorfte1
3301 East Tamiami Trail
Naples, Florida 34112
(~l) 774-8400
TEMPORARY CONSTRUCTION EASEMENT
Retn:
REAL ES'!'A'!'B SIRVICIS
BIT 8917/CINDY
IlfUR OPPICI
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THIS EASEMENT is made and entered into this ~ day of
~ ' 2003, by GHANSHYAM M. PATEL, whose mailing address is
310 55th Terrace SW, Naples, Florida 34116-8035, (hereinafter referred to as
"Grantor"), 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, 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.)
WIT N E SSE T H:
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 easement, license and privilege to enter upon the following described lands
located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference
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 expire one
year beyond the official acceptance of the public improvements by the Board of County
Commissioners of Collier County, Florida, or on October 1, 2004, whichever occurs
first. In the event that the construction of the public facilities has not been completed by
October 1, 2004, the Purchaser reserves the right to record in the Public Records of
Collier County a Notice of Time Extension which shall grant a one (1) year time
extension until October 1, 2005, for the completion of said construction. Owner shall be
provided with a copy of the recorded Notice of Time Extension. 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
executed the day and year first above written.
these presents to be
./
Witness ignature)
Name: Cd~~ /J). ~£:b
(Print r Type)
iHte OONVI!!!YANCE APPROVED BY THE
BOARD OF COUNTY COUMlSSf0NeR8
COlUER COUNTY, FL~ ·
PURSUANT TO THE PROvr8íONs
OF RESOLUTION NO. ~t10:'3 u32.2./CwS, cJ(jD} .03
9jz..:>,jU i¿;{C}(2.(.)j I
OR: 3419 PG: 2031
-
,
STATE OF F/OEJI)/7
COUNTY OF é:¡ 1// ;r
The foregoing Temporary Construction Easement was acknowledged before me
this 12H'day of ~f>§-?71.-/;u..r- ,2003 by Ghanshyam M. Patel, who is
personally known to me or who has produced n¿, L, G as identification.
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':~';"å"~:aommlss/on # cc 924691
;~\A..~i Expires April 3, 2004
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',w'.f.." Atlantic Bonding Co.. Inc.
C~'-ft) ~b
(Signatur of Notary Public)
c..,)r7c:i~ f/J7. <;;'.rb
(Print Na e of Notary Public)
NOTARY PUBLIC
Serial/Commission #: C C 9 ~ <fir C/ /
My Commission Expires: 1- \ 3) 0 <1
(affix notarial seal)
,~stv~~~
Assistant County Attorne..
Ellen T. Chadwell
1,;".'"
..... ... .....
*** OR: 3419 PG: 2032 ***
SKETCH AND DESCRIPTION
OF A 20' TEMPORARY CONSTRUCTION EASEMENT
IN LOT 11, BLOCK 269 GOLDEN GATE UNIT NO.7,
PLAT BOOK 5. PAGE 140. COWER COUNTY. FLORIDA
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29TH PL. SW
I 60' R/W
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J.--20' LOT 11
I -- BLOCK 269
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FOUO NO.:
36459360006
EXHIBIT 'A If
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PARCEL 10 L
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DESCRIPTION:
THE WEST 20 FEET OF LOT 11, BLOCK 269, GOLDEN GATE UNIT NUMBER 7, AS RECORDED IN
PLA T BOOK 5, PAGE 140, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAING 2884 SQ. FT. MORE OR LESS.
L/
L:OUTH
LINE OF LOT 11
TEMPORARY
(I CONSTRUCTION EASEMENT ~:
--J~~,.-.J, ,..J v.IJ~ ( ( R/W - RIGHT-OF-WAY
-;;!otr N~-~~~~~~F~R ~~~;~ L86773)'
?R ,_SSIONAL SURVEYOR AND MAPPER
FL IDA !JCENSE .NdI LS. 4876
THIS 1.2r- DAY OF q(~. 2003. THIS IS NOT A SURVEY
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JEt-t-t<EY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD.. SUITE 4. FORT MYERS. FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN. u.c DRAWN BY: J.N.M. .. CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DAlE: 6/26/03 SCALE: 1"=50' REV:
20' TEMPo EASEMENT IN LOT 11, GOLDEN
GATE UNIT NO.7, COLUER COUNTY, FL PROJECT No: 020908 DWG No: LOT-11 SHEET: 1 OF 1
PROJECT: Santa Barbara Force Main Interconnect Project
PARCEL: 702
FOLIO: 36459360006
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered by and between GHANSHY AM M.
PATEL, whose mailing address is 3101 55th Terrace SW, Naples, Florida 34116-8035,
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,
whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, its
successors and assigns, (hereinafter referred to as the "Purchaser");
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 the
purpose of construction and installation of public improvements adjacent thereto; 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 one thousand one hundred dollars ($1,100.00).
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.
1
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
expire upon completion of the construction of the public facilities in the area described
above or on October 1, 2004, whichever occurs first. In the event that the construction
of the public facilities has not been completed by October 1, 2004, the Purchaser
reserves the right to record in the Public Records of Collier County a Notice of Time
Extension which shall grant a one (1) year time extension until October 1, 2005, for the
completion of said construction. 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 Zb day of ~ ' 2003.
Dated Project/Acquisition Approved by BCC: 9/23/03
AS TO PURCHASER:
DATED:
q.. 2b ·O~
ATTEST: '
DWIGHT E,.~)(~lerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TO
BY:
2
AS TO OWNER:
DATED: 9 -/l- -¿'3
WITNESSES:
Approved as to form and
legal sufficiency:
Út. V&...h~~
-./ Ellen T. Chadwell
Assistant County Attorney
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SKETCH AND DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
IN LOT 11, BLOCK 269 GOLDEN GATE UNIT NO.7.
PLAT BOOK 5, PAGE 140, COWER COUNTY. FLORIDA
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EXHIBIT 24'
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FOUO NO.:
36459360006
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LINE OF LOT 11
DESCRIPTION:
THE WEST 20 FEET OF LOT 11, BLOCK 269, GOLDEN GAl E UNIT NUMBER 7, AS RECORDED IN
PLAT BOOK 5, PAGE 140. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAING 2884 SQ. FT. MORE OR LESS.
TEMPORARY
(1) r:ONST¡::¡1 Ir.TION EASEMENT
t _ KEY:
---il-~~~_~J-:0~- R/W - RIGHT-OF-WAY
JA~ N. WILKISON (FOR THE FIRM L86773)'
?~I~SSIONAL SURVEYOR AND MAPPER
~IS 1~~fJ~~~S~¡-:~.à 4~b~3. THIS IS NOT A SURVEY
, v
JE....t<Ey c. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD.. SUITE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, LLC DRAWN BY: J.N.M. .. CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DATE: 6/26/03 SCALE: 1"=50' REV:
20' TEMP. EASEMENT IN LOT 11. GOLDEN
GATE UNIT NO.7, COLUER COUNTY, FL PROJECT No: 020908 DWG No: LOT-11 SHEET: 1 OF 1
Memorandum
TO:
Minutes & Records Management
FROM:
Cindy Erb
Sr. Property Acquisition Specialist
Real Estate Services
DATE:
October 1 , 2004
RE:
RE: Santa Barbara Force Main Interconnect Project - Project #: 73132
Parcel #702; Folio No. 36459360006
Parcel # 715; Folio No. 38390840007
Please find attached one (1) original recorded Notice of Time Extension for Parcel 702
and one (1) oriainal recorded Notice of Time Extension for Parcel 715 for the above
referenced project.
The Board of County Commissioner of Collier County, Florida approved the acquisition
by gift and purchase pursuant to Resolution # 2003-322/CWS Resolution # 2003-03,
Agenda Item 16 C, dated September 23,2003.
Please contact me if you have any questions or comments at 8917.
Thank you.
attachments as stated
Office of the Real Estate Services
-,--.....-....-.- .._-,-
Retn:
REAL ESTA'!'E SERVICES
EXT B9l7/CINDY
PROJECT: Santa Barbara Force Main Interconnect Project IlfUR OPPICE
PARCEL: 702
FOLIO: 36459360006
*** 3478616 OR: 3647 PG: 0390 **
RBCORDBD in OPPICIAL RECORDS of COLLIER COUN'l'Y PL
09/22/2004 at lO:20AM DWIGH'l' E. BROCK, CLERK /
REC PEE 10.00
Prepared by: i
Ell tfI T. Chadwe 11, E squ re ne
Office of the County Attor y
3301 East Tam1a.i Trail
Naples, Florida 34112
(941) 774-8400
NOTICE OF TIME EXTENSION
WHEREAS, a Temporary Construction Easement which is incorporated herein
by reference was granted by GHANSHYAM M. PATEL, (hereinafter referred to as
"Grantor"), whose mailing address is 3101 55th Terrace SW, Naples, Florida 34116-
8035, 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, (hereinafter referred to as "Grantee"), whose mailing
address is 3301 East Tamiami Trail, Naples, Florida 34112, on September 12, 2003,
and was recorded in the Public Records of Collier County, Florida, on October 10,
2003, in O. R. Book 3419, Page 2030;
WHEREAS, the Temporary Construction Easement expires on the completion of
the construction of the public facilities or on October 1, 2004;
WHEREAS, the parties have previously agreed, pursuant to the Temporary
Construction Easement dated September 12, 2003, that Grantee may extend the
Temporary Construction Easement for a period of one (1) year from the date of
expiration if the public facilities have not been completed by said expiration date;
WHEREAS, Grantor has been notified that that the Grantee hereby requires the
property described in the Temporary Construction Easement for an additional one (1)
year time period for the construction of the public facilities.
NOW, THEREFORE, the Temporary Construction Easement previously
recorded in O. R. Book 3419, Page 2030, is hereby extended until October 1, 2005.
IN WITNESS WHEREOF, the Chairman of the Board of County Commissioners,
Collier County, Florida, has caused these presents to be executed in her name on the
/70- day of &PZ,~h £r , 2004.
ATTEST:
DWIGHT E. BROCK, Clerk
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APÝÄOã~:~
Assistant Count! Attorne!
Ellen T. Chadwell
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
By: If} ~
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