Backup Documents 02/27/2018 Item #16C 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP °40-, 7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 C 3
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. County Attorney Office County Attorney 3 Is I is
2. BCC Office Board of County 1=6
Commissioners } J 3- D
3. Minutes and Records Clerk of Court's Office `I
ql it% 2:(M"
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 Cindy M. Erb Phone Number 239-252-8917
Contact/ Department
Agenda Date Item was .mac1 �.� I Z Agenda Item Number i �.
Approved by the BCC t l-.
3
Type of Document Number of Original
Attached (. `f cii9tioca — Documents Attached
PO number or account Account: Fund st Center
number if document is Object Code 649030, Project
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) Applicable)
1. Does the document require the chairman's original signature? 5+0, d Lx t,
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
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 c7 ""5
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
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 p
signature and initials are required. Cs
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 ,,,t)l'- ) z,c►8 ,and all changes p
made during the meeting have been incorporated in the attached document. The 1 ri
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
16C 3
Memorandum
TO: Minutes & Records
FROM: Cindy-Erb, Property Acquisition Specialist, Sr., Real Property Management
DATE: February 28, 2018
RE: NE Service Area Integration — Dorta
This item was accepted by the BCC on February 27, 2018, Agenda Item 16C3.
Please attest to Commissioner Solis's signature as Chairman on the Agreement for Sale and
Purchase. Once attested, please forward a copy of the Agreement for Sale and Purchase, by
email, for my files.
Please contact me if you have any questions or comments at Extension 8917.
Thank you!
16C 3
Martha S. Vergara
From: Martha S. Vergara
Sent: Thursday, March 08, 2018 9:49 AM
To: 'ErbCindy'
Subject: Dorta - Easement Agreement
Attachments: Cindy Erb.pdf
Morning Cindy,
Attached for your records is a scanned copy of the referenced document.
Thanks,
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(i4collierclerk.com
1
16C 3
NE Service Area Integration—Dorta
TAX ID# 37640760003
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this 27 day of .,bra.ar..•" , 2018. by and between
SHERYL L. DORTA, AS TRUSTEE OF THE SHERYL LYNN DORTA LIVING TRUST,
DATED MARCH 11, 2016, AND ROBERT W. DORTA, AS TRUSTEE OF THE
ROBERT WAYNE DORTA LIVING TRUST, DATED MARCH 11, 2016, (hereinafter
referred to as "Owner"), whose mailing address is 3161 8th Street NW, Naples. FL
34120, and 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 (hereinafter referred to as
"Purchaser"), whose mailing address is 3335 Tamiami Trail East. Suite 101, Naples,
Florida 34112-5356;
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for utility
purposes 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:
WHEREAS, any utility pipelines installed in the Easement will be underground;
WHEREAS, should there be a need to repair or modify the underground utility, the
Owner's property will be restored to pre-existing condition at Purchaser's cost;
WHEREAS, Owner desires to convey the Easement to Purchaser for the stated
purposes. on the terms and conditions set forth herein: and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Easement;
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 to Purchaser for the sum of Four Thousand
Five Hundred and 00/100 dollars ($4,500), payable by County Warrant (said
transaction hereinafter referred to as the "Closing"). Said payment shall be full
compensation for the Easement conveyed, including all landscaping. trees,
shrubs, improvements, and fixtures located thereon, and for any damages
resulting to Owner's remaining lands, and for all other damages in connection
with conveyance of said Easement to Purchaser.
2. Prior to Closing, Owner shall obtain from the holders of any liens. exceptions
and/or qualifications encumbering the Easement, the execution of such
Easement Agreement Page 2 1 6 C 3
instruments which will remove, release or subordinate such encumbrances from
the Easement upon their recording in the public records of Collier County. Florida.
Owner shall provide such instruments, properly executed, to Purchaser on or
before the date of Closing.
3. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date Purchaser executes this
Agreement; provided, however, that Purchaser shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, properly
executed, which either remove, release or subordinate any and all such liens.
encumbrances or qualifications affecting Purchaser's enjoyment of the Easement.
At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall
deliver the conveyance instrument to Purchaser in a form acceptable to
Purchaser.
4. Owner is aware 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.
5. Owner represents that the property underlying the Easement. and all uses of the
said 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 underlying the Easement
except as specifically disclosed to the Purchaser; that the Owner has no
knowledge of any spill or environmental law violation on the property contiguous to
or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has
not received notice and otherwise has no knowledge of: a) any spill on the
property underlying the Easement; b) any existing or threatened environmental
lien against the property underlying the Easement: or c) any lawsuit, proceeding
or investigation regarding the generation, storage, treatment, spill or transfer of
hazardous substances on the property underlying the Easement. This provision
shall survive Closing and is not deemed satisfied by conveyance of title.
6. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and to reimburse the Purchaser 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 Purchaser by reason or arising out of the
breach of Owner's representation under Section 5. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
7. The Purchaser shall pay for all costs of recording the conveyance instrument 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, Owner shall be responsible for paying any costs and/or fees associated
with securing and recording a Subordination, Consent & Joinder of Easement of
the mortgage(s) recorded against the property underlying the Easement from the
mortgagee(s). The cost of a title commitment shall be paid by Purchaser.
Easement Agreement Page 3 1 C 3
8. 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.
9. Conveyance of the Easement 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.
10. If the Owner holds the property underlying the Easement 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 before the Easement held in such capacity is conveyed to Purchaser,
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.)
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this,Z7-ri' day of k, pLN , 2018.
Date Easement acquisition approved by BCC:
AS TO PURCHASER:
ATTEST: BOARD OF COUNTY COMMISSIONERS
• h;a COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY QF.'COLLIER
DWIGHT E: BROCK: Clerk COUNTY AND AS EX-OFFICIO THE
GOVERNING BOA ZD OF THE
COLLIER COUNTY WATER-SEWER
DISTRICT •
.� iii
A6tt as to Chairid11' ,D=•
signature only.
BY: A
Approved as to form and legality: ANDY SOLIS. Chairman
Jennifer A BelpedgCUat0e-a-elti
Assistant County Attorney
0
Easement Agreement Page 4 1 6 0 3
AS TO OWNER:
WITNESSES:
0 ,‘11 :* --TICk.p-ok
VJitn s(Signature)
-1-11eff e LiSSG
Witness(Name) i 9
,-
SHERYL RTA, AS TRUSTEE OF
THE SHERYL LYNN DORTA LIVING
Witness(Signature) TRUST, DATED MARCH 11, 2016
Witness(Name)
WITNESSES:
i
4ist-ak
itne s(Signature) I
Witness(Name) 41?
"0/
�� ROBERT W. DORTA, AS TRUSTEE
__.�/�•- �� OF THE ROBERT WAYNE DORTA
•. . LIVING TRUST, DATED MARCH 11,
2016
Witness(Name)
16C 3
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NE Service Area Integration—Dorta
TAX ID#: 37640760003
INSTR 5541777 OR 5499 PG 249
RECORDED 4/18/2018 9 54 AM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
DOC@ 70$31.50 REC$35.50 INDX$2.00
CONS$4,500.00
UTILITY EASEMENT
THIS EASEMENT, made and entered into this 2,2; day of 1)
2018, by SHERYL L. DORTA, AS TRUSTEE OF THE SHERYL LYNN DORTA LIVING
TRUST, DATED MARCH 11, 2016, AND ROBERT W. DORTA, AS TRUSTEE OF THE
ROBERT WAYNE DORTA LIVING TRUST, DATED MARCH 11, 2016, whose mailing
address is 3161 8th Street NW, Naples, FL 34120, 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
34112-5356, 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.)
WITNESSET H:
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, license, and privilege for
utility purposes, on 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.
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. Any utility pipelines installed in this easement will be underground.
Grantee will restore Grantor's property to the pre-existing condition at Grantee's cost
when there are any repairs or modifications to the underground utility. Grantor and
Grantee are used for singular or plural, as the context requires. The easement granted
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1 6 C 3
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.
WITNESSES:
-.... '
,
Witritss(Signature)
gong c-1/-e.Z 7- 2e-t-':•fre,p4.2..c...c7
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S ; A
Witness(Name) ,
SHER L. DORTA, AS TRUSTEE OF
_&41 , - 1 -..),
1 d 7j ) -- THE S ERYL LYNN DORTA LIVING
Witness )(S 'ature
y‘ TRUST, DATED MARCH 11, 2016
)(i... 07 L.,--- ,1,
Witness(N/me) .
STATE OF
COUNTY OF C(•, \I",e I
-tL
The foregoing Utility Easement was acknowledged before me this 23
day of rif\cv(0 v., , 2018 by Sheryl L. Dorta, as Trustee of the
Sheryl Lynn Dorta Living Trust, dated March 11, 2016, who is personally known
to me_or-who_ . : :a . - - . . .• - 4
-__
WITNESS my hand and official seal this Z..,‘ day ofL
,
./
2018.
i
(affix notarial seal)
C: ) 5‘ 12 / 4,6),z, y
(Signature o(' otary Public)
Ar. ... CINDY M. ERB
Li \/)r • t_r\Th
MY COMMLSSION 0 FF959677 (Print Nanie of Notary Public)
'f V
r...: EXPIRES;M.srch 31,2020 NOTARY PUBLIC
Serial/Commission #:(if any) F f(-1.i- (-) tp-7 -7
My Commission Expires:
6)
1 6 C 3
WITNESSES:
Witness(Signature')
r
Witness(Name)
") /////
ROBERT W. DORTA, AS TRUSTEE
OF THE ROBERT WAYNE DORTA
Witness(Sir ature) LIVING TRUST, DATED MARCH 11,
2016
127 F 110
t1 11
Witness(Nime)
STATE OF C )cts'N COUNTY OF OF C e•-,‘ Vt. P
The foregoing Utility Easement was acknowledged before me this 2..„-.5
day of v , 2018 by Robert W. Dorta, as Trustee of the
Robert Wayne Dorta Living Trust, dated March 11, 2016, who is_pprqghally
known to me . is . •• * —• —_asident-ification.
,76-1
WITNESS my hand and official seal this ZD day of 7) fac. cJ ,
2018.
(affix notarial seal)
( ignature otary Public)
\
M.ERB i(\f&A VA - F
tvfY COMMISSION 4 FF959671 (Print Nam of Notary Public)
\0;,:„.:: EXPIRES March I,2024
NOTARY PUBLIC
Serial/Commission #:(if any) Ff qo ?7
My Commission Expires: 3 oz-e)
Approved as to form and legality:
,4‘
Jennifer-A Belpedio, Assistal County Attorney
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