Force Main Parcel 715
Memorandum
FROM:
Minutes & Records Management
Cindy Erb (\. M\
Sr. Property Acquisition Specialist V~" ~
Real Estate Services
TO:
DATE:
December 1,2003
RE:
Santa Barbara Force Main Interconnect Project - Parcel # 715;
Folio No. 38390840007
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 Estate Services
._....,-_¥---_¥..__.~.~-_._,-
PROJECT: Santa Barbara Force Main Interconnect Project
PARCEL: 715
FOLIO: 38390840007
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered by and between CRAIG
DEMANGE AND MARY S. DEMANGE, husband and wife, whose mailing address is
1031 Logan Blvd S, Naples, Florida, 34116-3907, 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 five hundred dollars ($500.00).
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 J../ day of lÝoIIØlÓU- ,2003.
Dated Project/Acquisition Approved by BCC: 9/23/03
AS TO PURCHASER:
DATED: ~~o3
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TOM HENt')I,I~',~ Chairmq:~ ..
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ATTEST:
DWIGHT E. BROCK, Clerk
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, epúty Clerk
Attest as to Cha1r~'s
sigal'" ORl.1.
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AS TO OWNER:
DATED:
WITNESSES:
Witness Signature)
Name: (l.A (\~ f:) t m, E"" b
(Print or ype)
Witness (Signature)
Name: ---V;"', Pt-. W\o+-\-
(Print or Type)
1J./Yl~--:J21. &0
Itness ~ Ignature)
Name: CJr1":1 m. £~.h
(Print Type)
Approved as to form and
JAilZ~
Ellen T. Chadwell
Assistant County Attorney
f¥\ ~ ~~ m \)JV\ C\ V
MARY S. D~ANGE ð
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SKETCH AND DESCRIPTION
OF A 20' TEMPORARY CONSTRUCTION EASEMENT
IN TRACT 12. GOLDEN GATE ESTATES UNIT NO. 34,
PLA T BOOK 7. PAGE 34. COLUER COUN1Y. FLORIDA
NORTH LINE OF THE
EAST 365' OF TRACftT 12 _ _ ---LJ
10TI-i AVE. SW
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60' R/W
3~-
EAST 365' OF
TRACT 12
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FOUO NO.:
38390840007
50'
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DESCRIPTION:
THE WEST 20 FEET OF TI,E EAST 70 FEET OF TI-iE SOUTH 300 FEET OF TI-iE EAST 365 FEET
OF TRACT 12, GOLDEN GATE ESTATES UNIT NO. 34, AS RECORDED IN PLAT BOOK 7, PAGE
34, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THIS IS NOT A SURVEY
EY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BL W.. SUITE 4, FORT ~YERs. FLORIDA 33912
PHONE: (2.39)277-0722 FAX: (239)277-7179 E~AI~ SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, LLC DRAWN BY: J.N.M. CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DATE: 6/18/03 SCALE: 1-=100'
20' TEMP. EASEMENT IN TR. 12, GOLDEN
GATE ESTATES UNIT 34, COLLIER COUNlY, F PROJECT No: 020908
TEMPORARY
CONSTRUCTION EASEMENT
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J S N. 'MLKISON (FOR THE FIRM l86773)
R ÆSSIONAl SURVEYOR AND MAPPER
ORI~CENSE N LS 4876
THIS (1 DAY OF 2003.
IŒY:
R/W - RIGHT-OF-WAY
REV:
DWG No: TR-12-E
SHEET: 1 OF 1
PROJECT: Santa Barbara Force Main Interconnect Project
PARCEL: 715
FOLIO: 38390840007
Prepared b,:
Ellen T. Chadwell, Esquire
Off1c~ of the Count, AttorRey
3301 Edst Tam1ami Trai1
>µJes, Florida 34112
, 941) 774-8400
TEMPORARY CONSTRUCTION EASEMENT
e...þ
THIS EASEMENT is made and entered into this .3 day of
\\) Out~~ ,2003, by CRAIG DEMANGE AND MARY S. DEMANGE, husband
and wife, whose mailing address is 1031 Logan Blvd S, Naples, Florida, 34116-3907,
(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 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 has caused these presents to be
executed the day and year first above written.
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itnes ~Signature)
Name: ).(\.,~IA m_ &.1,
(Print or type)
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THIS CONVeYANCE APPROVED BY THE
BOARD OF COUNTY COMMISSIONERS
ca.lER COUNTY, FLORIDA, ·
PUR8UANT TO THE PROVJStoNs
()fr R68OUmON NO. ,100'3- ?,2.2/CW.5 02003 - D 3
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ct) 2.3) 0.3 J(,þ C,( 7-0 )
OR: 3442 PG: 2183
fu ~ Jy rY\ovY\W
MARY S. D~ANGE
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Witness i~nature)
Name: LÀAQ\i 0'\ - &-b
(Print o~ Type)
Wit ess (Signature)
Name:~~ ~ ~ W\Dlt-
( rint or Type)
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STATE OF F\o-e--\Dtt-
COUNTY OF Co \, \ \ to.e.-
The foregoing Temporary Construction Easement was acknowledged before me
this 3rd. day of .~ ,2003 by Craig Demange, who is personally
known to me or who has produced FL DR. L;'{t"nse-. as identification.
(affix notarial seal)
&/U~ 711. Û
(Signature Notary Public)
c"'f'l ~ 111. Erb
(Print Na e of Notary Public)
NOTARY PUBLIC
Serial/Commission #: ~ G Co 9;2</&9/
My Commission Expires: 4/.3/01
, ,
,:.~~V,~/1"" Cindy M. Erb
¡~':"¿"~~Commis8¡on # CC 924691
~~\A.!~.? Expires April 3, 2004
~~Ììi"'~':- BoIIdcd 1'bru
, 'r(II'~ ," Atlantic Bonding Co.. Ioo,
STATE OF ~~Oº-"DA
COUNTY OF Cc \, ¡ e.-I/!.;
The foregoing Temporary Construction Easement was acknowledged before me
this 3 £-ù day of Iì~~ ,2003 by Mary S. Demange, who is
personally known to me or who has produced FL-De...L:c.eY\se as identification.
(affix notarial seal)
(ç;¿~~~ ~:
t\~þ~ Y'Y\.. t__1
(Print Narhe of Notary Public)
NOTARY PUBLIC
Serial/Commission #: ~~ q ;2'-1&9 I
My Commission Expires: ~ .310~
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ª~'ø' , '~iOommfaaioD 1# cc 924691
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~~""'MJ Boaclad Thru
,,9I..\iW AaIMIit 80Minø Co..1J¡g,
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Assistant Count1 Attorne1
Ellen T. Chldwel1
SKETCH AND DESCRIPTION
OF A 20' TEMPORARY CONSTRUCTION EASEMENT
IN TRACT 12. GOLDEN GA 1£ E5TA 1£5 UNIT NO. 34.
PLA T BOOK 7. PAGE 34. COLUER COUNTY. FLORIDA
NORTH LINE OF THE
EAST 365' OF TRACT 12
= ftlH-AVE.-;;
60' R/W
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EAST 365' OF
TRACT 12
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FOUO NO.:
38390840007
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365.00'
DESCRIPTION:
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THE WEST 20 FEET OF THE EAST 70 FEET OF THE SOUTH 300 FEET OF THE EAST 365 FEET
OF TRACT 12, GOLDEN GATE ESTATES UNIT NO. 34, AS RECORDED IN PLAT BOOK 7, PAGE
34, PUBLIC RECORDS OF Ç,OJ.LIER COUNTY, FLORIDA.
PROJECT :2 J (~<>- . TEMPORARY
CONSTRUCTION EASEMENT
PARCEL '7/,)
" ') 7 (~:1 ('(' <~,
FOLIO 3)J¿;tJ[;~~,;:.;::.t
zl'0-~-----_____
THIS IS NOT A SURVEY
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: 6/18/03 SCALE: 1"=100'
20' TEMP. EASEMENT IN TR. 12, GOLDEN
GAlE ESTATES UNIT 34, COLLIER COUNTY, F PROJECT No: 02Q908
J S N. WILKISON (FOR TI-iE FIRM L86773)-
R ÆSSIONAL SURVEYOR AND MAPPER
ORI~CENSE N LS 4876
THIS{~ DAY OF 2003.
J
ID:
R/W - RIGHT-OF-WAY
REV:
DWG No: TR-12-E
SHEET: 1 OF 1
Memorandum
TO:
Minutes & Records Management
FROM:
Cindy Erb
Sr. Property Acquisition Specialist
Real Estate Services
DATE:
Octobe r 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) oriainal recorded Notice of Time Extension for Parcel 702
and one (1) oriQinal 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
*** 3478615 OR: 3647 PG: 0389 ***
RBCORDBD in OFPICIAL RBCORDS of COLLIBR COUNTY. PL
09/22/200~ at 10:20AM DWIGHT B. BROCK, CLBRK '
RBC FBB 10.00
PROJECT: Santa Barbara Force Main Interconnect Project Retn:
PARCEL: 715 RBAL BSTATB SBRVICBS
FOLIO: 38390840007 BIT 8911/CINDY
INTBR OFFICB
Prepared by:
Ellen T. Chadwell, Esquire
Office of the County Attorney
3301 East TaMia.i Trail
Naples, Florida 3411Z
(941) 774-8400
NOTICE OF TIME EXTENSION
WHEREAS, a Temporary Construction Easement which is incorporated herein
by reference was granted by CRAIG DEMANGE AND MARY S. DEMANGE, husband
and wife, (hereinafter referred to as "Grantor"), whose mailing address is 1031 Logan
Blvd S, Naples, Florida, 34116-3907, 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 November 3,
2003, and was recorded in the Public Records of Collier County, Florida, on November
11, 2003, in O. R. Book 3442, Page 2182;
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 November 3, 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 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 3442, Page 2182, 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
IT~day of 5-º-flh/)7J~0 ,2004.
," :J,\ (\ '
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
ATTEST:
DWIGHT E. BROCK, Clerk
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:ßl to:::; & ~
, Assistant County Attorney
Ellen T. Chadwell
By: