Agenda 05/22/2012 Item #16A 25/22/2012 Item 16.A.2.
EXECUTIVE SUMMARY
Recommendation to approve an agreement for the acquisition of a drainage easement
which is required for the construction of a portion of the US -41 Ditch segment of the Lely
Area Stormwater Improvement Project. Fiscal Impact not to exceed $9,050. Project No.
51101.
OBJECTIVE: To acquire a drainage easement required to construct a portion of the Lely Area
Stormwater Improvement Project.
CONSIDERATIONS: A perpetual non - exclusive drainage easement, the legal description for
which is attached hereto, is required for construction of a portion of the US -41 Ditch segment of
the Lely Area Stormwater Improvement Project. This project consists of reshaping the existing
ditch that runs along the north and east side of US -41 primarily within the existing right -of -way
and installing culverts under the existing driveways.
Interestingly, there are two large ditches which cut through Naples Manor which are located
outside of the boundaries of the Naples Manor plats (Naples Manor Unit No. 1, Naples Manor
Annex, and Naples Manor Addition). These ditches were already in existence at the time of the
recording of the Naples Manor plats.
The property owner in this instance owns the subdivision lots on either side of one of these
ditches, and has prepared a site development plan which incorporates the area of the 40 foot wide
ditch into the parking and drive isle of a proposed warehouse project, making provision for the
historical stormwater flows through the ditch by installing an appropriately -sized underground
pipe between Floridian Avenue and Tamiami Trail. The previous owner of these lots obtained a
quitclaim deed to this section of the 40 foot wide ditch from the successor corporation that
platted the subdivisions of Naples Manor Annex and Naples Manor Addition, even though the
County contends that these ditches, while outside the plat boundaries, were nonetheless
dedicated to the perpetual use of the public by operation of Florida Statutes, Section 177.081
(copy attached).
A compromise with the property owner over the use of this 40 strip of land / ditch is being
proposed in Paragraphs 3 and 4 of the attached Easement Agreement, whereby Collier County
will quitclaim to the owner the County's interest in said 40 foot wide ditch, and in turn the owner
will convey to the County a perpetual drainage easement over, under and across said 40 foot
wide ditch parcel. As an inducement to the County, the owner is proposing to donate to the
County the drainage easement required for construction of the US -41 Ditch project. Because the
creation of the drainage easement across the property's frontage will push the required landscape
buffer back further into the property, squeezing the building envelope and increasing the risk that
the land -to- building ratio will be reduced on the remainder property, a compensatory payment to
the owner of $8,850 is being recommended.
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5/22/2012 Item 16.A.2.
FISCAL IMPACT: Funds in the amount of $9,050 are available in the Stormwater Capital
Improvements program. Source of funds are ad valorem. The Board should be aware that the
owner's donation of the proposed drainage easement for the US -41 Ditch project was valued by
the County at over $32,000; but that without adding the County's 40 foot quitclaim into the deal
(which costs the County nothing), the owner's contention was that full compensation was well
over $300,000. The bottom line is that this transaction will save the County well over $10,000 in
fees and costs alone associated with condemnation, the other alternative.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated
with this recommendation.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a
majority vote for Board approval. JW
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
1. Approve the attached Easement Agreement and authorize its Chairman to execute same
on behalf of the Board;
2. Authorize the payment of all costs and expenses necessary to close the transaction;
3. Authorize the County Manager or his designee to take the necessary measures to ensure
the County's performance in accordance with the terms and conditions of the Purchase
Agreement
4. Authorize the County Manager or his designee to close the transaction and record the
instruments of transfer in the public records; and
5. Approve any budget amendments which may be required to carry out the collective will
of the Board
Prepared By: Kevin Hendricks, Right -of -Way Acquisition Manager
Attachments: (1) Copy of Section 177.081, Florida Statutes; (2) Easement Agreement with
exhibits; (3) Location Map
Packet Page -970-
5/22/2012 Item 16.A.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.2.
Item Summary: Recommendation to approve an agreement for the acquisition of a
drainage easement which is required for the construction of a portion of the US -41 Ditch
segment of the Lely Area Stormwater Improvement Project. Fiscal Impact not to exceed $9,050.
Project No. 51101.
Meeting Date: 5/22/2012
Prepared By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
3/29/2012 2:34:40 PM
Approved By
Name: BishopMargaret
Title: Project Manager, Senior,Transportation Engineering & Construction Management
Date: 3/30/2012 1:09:12 PM
Name: TaylorLisa
Title: Management /Budget Analyst,Transportation Administr
Date: 4/3/2012 8:48:58 AM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & C
Date: 4/5/2012 12:47:32 PM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 4/5/2012 2:30:23 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 4/9/2012 8:27:26 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Packet Page -971-
Date: 5/10/2012 8:40:27 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/10/2012 11:37:06 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 5/14/2012 11:09:58 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/14/2012 1:06:27 PM
Name: OchsLeo
Title: County Manager
Date: 5/14/2012 3:19:29 PM
Packet Page -972-
5/22/2012 Item 16.A.2.
5/22/2012 Item 16.A.2.
LOCATION MAP SHOWING SUBJECT PROPERTY, EXISTING DRAINAGE CANAL
AND PROPOSED LASIP DRAINAGE EASEMENT
(DASHED WHITE LINE ALONG US -41)
Packet Page -973-
I
A
5/22/2012 Item 16.A.2.
177.081 Dedication and approval.—
(1) Prior to approval by the appropriate governing body, the plat shall be
reviewed for conformity to this chapter by a professional surveyor and
mapper either employed by or under contract to the local governing body,
the costs of which shall be borne by the legal entity offering the plat for
recordation, and evidence of such review must be placed on such plat.
(2) Every plat of a subdivision filed for record must contain a dedication by
the owner or owners of record. The dedication must be executed by all
persons, corporations, or entities whose signature would be required to
convey record fee simple title to the lands being dedicated in the same
manner in which deeds are required to be executed. All mortgagees having a
record interest in the lands subdivided shall execute, in the same manner in
which deeds are required to be executed, either the dedication contained on
the plat or a separate instrument joining in and ratifying the plat and all
dedications and reservations thereon.
(3) When a tract or parcel of land has been subdivided and a plat thereof
bearing the dedication executed by the owners of record and mortgagees
having a record interest in the lands subdivided, and when the approval of
the governing body has been secured and recorded in compliance with this
part, all streets, alleys, easements, rights -of -way, and public areas shown
on such plat, unless otherwise stated, shall be deemed to have been
dedicated to the public for the uses and purposes thereon stated. However,
nothing herein shall be construed as creating an obligation upon any
governing body to perform any act of construction or maintenance within
such dedicated areas except when the obligation is voluntarily assumed by
the governing body.
History. —s. 1, ch. 71 -339; s. 2, ch. 79 -86; s. 7, ch. 98 -20; s. 2, ch. 99 -288.
Packet Page -974-
5/22/2012 Item 16.A.2.
PROJECT; 51101 LASIP US41 Ditch
PARCEL No(s): 167DE
FOLIO No(s): 162150360007, 62150400006, 62090040005
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinaftel referred to as the "Agreement ") is
made and entered into on this q� day of �t4 , 2012, by and between
PLANNING DEVELOPMENT, INC., a Florida corporation, whose mailing address is 3560
Kraft Road, Suite 301, Naples, FL 34105, (hereinafter referred to as "Owner"), and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address
is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples,
Florida 34112 (hereinafter referred to as "County").
WHEREAS, County requires a perpetual, non - exclusive drainage easement to enter
upon and to install and maintain drainage structures and facilities, including but not limited
to ditches, swales, earthen berms, rip -rap and retaining wall systems, underground pipes,
and various types of water control structures 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 "Easement "); and
WHEREAS, Owner desires to donate the Easement to County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, County recognizes that presence of the Easement on Owner's property
may result in the need for a locational adjustment to the required commercial development
landscape buffer which adjustment could result in a reduction of the land -to- building ratio
of the remainder property; and
WHEREAS, the parties have agreed that a payment from County to Owner of
$8,850 is appropriate compensation for Owner's increased probability of risk of reduction
in land -to- building ratio of the remainder 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
is hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. 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. Owner shall donate said Easement to County, i.e., deliver to County a fully and
properly executed Easement instrument in exchange for payment of $0.00 (said
transaction hereinafter referred to as the "Easement Closing ").
3. County shall deliver to Owner a Quitclaim Deed for the 40' x 200' parcel of land
currently encumbered by a drainage canal identified as folio number 00439360201
as described in Exhibit "B" attached hereto and made a part hereof.
4. Owner shall deliver to County a perpetual, non - exclusive drainage easement over,
under, upon and across that certain 40' x 200' parcel of land identified as folio
number 00439360201 as described in Exhibit "B" attached hereto and made a part
hereof.
5. County shall pay owner $8,850.00 as compensation for the increased risk of
reduction of land -to- building ratio of the remainder property resulting from Owner's
gratis conveyance of the Easement to County.
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5/22/2012 Item 16.A.2.
Page 2
6. Owner acknowledges that the benefits accruing and received by virtue of the terms
and conditions of this Agreement shall be full and satisfactory compensation for the
Easement conveyed, including all landscaping, trees, shrubs, improvements, and /or
fixtures (if any) located thereon, and shall be in full and final settlement of any
damages resulting to Owner's remaining lands, costs to cure, and all other damages
in connection with conveyance of said Easement to County (such as the possible
increase in the probability of a reduction to the land -to- building ratio of the remainder
property resulting from the presence of the Easement), including all attorneys' fees,
expert witness fees and costs as provided for in Chapter 73, Florida Statutes.
7. Prior to Easement Closing, Owner shall obtain from the holders of any liens,
exceptions and /or qualifications encumbering the Easement, the execution of such
instruments which will remove, release or subordinate such encumbrances, if any,
from the Easement upon their recording in the public records of Collier County,
Florida.
8. Owner shall cause to be delivered to County the items specified herein and the
following documents and instruments duly executed and acknowledged, in form
acceptable to the County (hereinafter referred to as "Easement Closing Documents ")
on or before the date specified by the County's Closing Agent in order to facilitate the
Easement Closing:
(a) Easement;
(b) Easement Closing Statement;
(c) Grantor's Non- Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W -9 Form;
(e) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by County, County's
counsel and /or title company.
(f) A Perpetual, Non - Exclusive Drainage Easement over, under and across the
40' x 200' parcel of land currently encumbered by a drainage canal identified
as folio number 00439360201 as forth in Exhibit "C" attached hereto and
made a part hereof.
9. Both Owner and County agree that time is of the essence. Therefore, Closing shall
occur within sixty (60) days of the date of execution of this Agreement or within thirty
(30) days of County's receipt of all such properly executed instruments required to
remove or release any and all liens, encumbrances or qualifications affecting
County's enjoyment of the Easement, whichever is the later. This agreement shall
remain in full force and effect until Closing shall occur, until and unless it is
terminated for other cause. Owner shall deliver the Easement Closing Documents
as set forth in paragraph 8 hereinabove to County in form acceptable to County.
10. All Improvements not removed from the Easement prior to commencement of
construction of the project shall be deemed abandoned by Owner. This provision
shall survive Closing and is not deemed satisfied by conveyance of title.
11. Owner and County agree to do all things which may be required to give effect to this
Agreement immediately as such requirement is made known to them or they are
requested to do so, whichever is the earlier.
12. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
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5/22/2012 Item 16.A.2.
Page 3
instruments executed in connection herewith, to undertake all actions and to
perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) County's acceptance of the Easement shall not be deemed to be full
Performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuant to the provisions of this Agreement.
(c) No parry or person other than County has any right or option to acquire the
Easement or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the property
underlying the Easement or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easement,
without first obtaining the written consent of County to such conveyance,
encumbrance, or agreement, which consent shall not be unreasonably
withheld.
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Easement.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disclosed to County in writing prior to the
effective date of this Agreement.
(g) County is entering into this Agreement based upon Owner's representations
stated in this Agreement and on the understanding that Owner will not cause
the physical condition of the property underlying the Easement to change
from its existing state on the effective date of this Agreement up to and
including the date of Easement Closing. Therefore, except as provided
herein, Owner agrees not to enter into any contracts or agreements
pertaining to or affecting the property underlying the Easement and not to do
any act or omit to perform any act which would adversely affect the physical
condition of the property underlying the Easement or its intended use by
County.
(h) The Owner has no knowledge that the property underlying the Easement,
and all uses of the said property, have been and presently are not in
compliance with all Federal, State and Local environmental laws; has no
knowledge of any hazardous substances have been generated, stored,
treated or transferred on the property underlying the Easement except as
specifically disclosed to the County; 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 County, 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 Easement Closing
and is not deemed satisfied by conveyance of title.
13. County shall pay all fees to record any curative instruments required to clear title to
the instant Easement property, and all fees required to record all instruments of
conveyance pertaining to this Agreement.
14. There shall be deducted from the proceeds of sale all prior year ad valorem taxes
and assessments levied against the parent tract property which remain unpaid as of
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5/22/2012 Item 16.A.2.
Page 4
the date of Closing, if any. Furthermore, in accordance with the exemptions provided
for in Section 201.01, Florida Statutes, concerning payment of documentary stamp
taxes by County, Owner shall pay all documentary stamp taxes required on the
instrument(s) of transfer, if any.
15. 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, and may be recorded in the public records of Collier
County, Florida, as constructive notice of same at the County's sole discretion.
16. Conveyance of the Easement, or any interest in the property underlying the
Easement, by Owner is contingent upon no other provisions, conditions, or premises
other than those so stated herein; 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. No
modification, amendment or cancellation of this Agreement shall. be of any force or
effect unless made in writing and executed and dated by both Owner and County.
17. Should any part of this Agreement be found to be invalid, then such invalid part shall
be severed from the Agreement, and the remaining provisions of this Agreement
shall remain in full force and effect and not be affected by such invalidity.
18. 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 the
date first above written.
AS TO COUNTY:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk FRED W. COYLE, Chairman
AS TO OWNER:
DATED: ° c�it> 13.
i ness (Signature)
'Name (Print or Type)
Witness ( Signattre)
IKeV4Z,. 7--. F-ee,natnc(t2.
Name (Print or Type)
PLANNING DEVELOPMENT, INC.
M1CHAEL FERNANDEZ, President
Packet Page -978-
5/22/2012 Item 16.A.2.
Packet Page -979-
5/22/2012 Item 16.A.2.
Page 5
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Easement Agreement was acknowledged before me this -' day of
1 ;c' -✓ 2012, by Michael Fernandez, as President of Planning
Developmerft, Inc., a Florida corporation, who:
`,i , is personally known to me
OR
produced as proof of identity.
(affix notarial seat)
(Signature of Notary.,Public)
k Hoary Poaic scars& Rorwe (Print Name of Notary Public)
Kathleen L Peckham Expm05Ww2 EE 170812 Serial / Commission # if an Expires O5ID512o16 ( y)•
My Commission Expires: '`'C=
Approved as to form and
legal sufficiency:
f'
Assistant County Attorney
Packet Page -980-
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LOT 10
PARCEL NO.
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5/22/2012 Item 16.A.2.
ExHiarr
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LOT 1
PAR EL1NO,
62150360007
LOT 12 L
PARCEL NO. ��LG
62150400006 \�
\ BLOCK ONE `1
\ S
NAPLES MANOR \\
ANNEX
\ •$ P,B. 1 PG. 110 y� p
167 '00 A
NORTH
a ,
LOTS 1, 2 AND THE \
BLOCK ONE NORTHERLY 48.5 \ \
0\ \ NAPLES MANOR OF LOT 3
ADDITION PARCEL NO.
P.B. 3 PG. 67 62090040005 \
WESTERLY \ \
�9 LOT LINE
LEGEND 4,�; fi. V
R/W RIGHT-OF -WAY
167DE
O.R. =OFFICIAL RECORDS BOOK
.NP p \ , ' Q ;-
PG. PAGE �C`j (SOUTH) \ QFQ, A `
P.B. = PLAT BOOK,. A
A.K.A. = ALSO KNOWN AS
NO. NUMBER 0, ,
S.R. STATE ROAD L6 & \
® =DRAINAGE EASEMENT (DE) 0 S \ LOT 4 AND THE
SOUTHERLY 67.75'
OF LOT 3
\ \ PARCEL NO.
LEGAL DESCRIPTION \ 62090120006
PARCEL 167DE \ \
A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
167DE (NORTH):
THE WESTERLY 5.00 FEET OF LOT 11 AND THE WESTERLY 5.00 FEET OF THE NORTHERLY 68.00 FEET OF LOT 12,
TOGETHER WITH THE WESTERLY 11.00 FEET OF THE SOUTHERLY 37.00 FEET OF LOT 12, BLOCK ONE, AS SHOWN ON
THE PLAT OF NAPLES MANOR ANNEX, RECORDED IN PLAT BOOK 1, PAGE 110, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA. CONTAINING 1272.0 SQUARE FEET MORE OR LESS.
TOGETHER WITH 167DE (SOUTH):
THE WESTERLY 11.00 FEET OF LOTS 1 AND 2 AND THE WESTERLY 11.00 FEET OF THE NORTHERLY 4&5 FEET OF LOT
3, BLOCK ONE, AS SHOWN ON THE PLAT OF NAPLES MANOR ADDITION, RECORDED IN PLAT BOOK 31 PAGE 67, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 3091.0 SQUIRE FEET MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. '(ECM - ROW
FEB _ 4 2011
MICHAEL A. WARD PROFESSIONAL SURVEYOR AND MAPPER LSj 5301 SIGNED
NOT VALID WRHOUT THE ORIGINAL SIGNATURE 4 RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER,
THIS IS NOT A SURVEY.
Awry t7. W" 1Ir17 W -I- - O AM Wf PAY, OUP' RAiPAONY IY R M IA/ R,=yMw Aw NiwmvA A I aunnom -1u7 H IMIO)
PROJECT: LAMP - NAPLES MANOR DITCH
9JZTCH AND LEGAL DESCRIPTION
RONS �
PARCEL 167DE (DRAINAGE EASEMENT)
Wl0VN wPAl)Iw,sw t11AAW�t
PREPARED FOR: COLLIER COUNTY
PI,_ (230 7F b IFA ' Iiz M 1107-078
Le NA.: Wt
JOB NUMBER
REVISION
SECTION
TOWNSHIP
RANGE
SCALE
DATE
DRAWN BY
FILE NAME
SHEET
990220.02. 00
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29
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1 OF 1
Packet Page -981-
5/22/2012 Item 16.A.2.
EXHIBIT B
POP--L OF Z=
QUITCLAIM DEED
THIS QUITCLAIM DEED executed this day of 20,_ by
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800,
Naples, Florida 34112 (hereinafter referred as "Grantor "), to PLANNING
DEVELOPMENT, INC., a Florida corporation, whose mailing address is 3560 Kraft
Road, Suite 301, Naples, FL 34105, (hereinafter referred as "Grantee "):
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, legal representatives, successors and
assigns. Grantor and Grantee are used for singular or plural, as the context requires.)
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) in hand paid by the said Grantee, the receipt whereof is hereby
acknowledged, does hereby remise, release, and quitclaim unto the said Grantee
forever, all the right, title, interest, claim and demand which the said Grantor has in and
to the following described lot, piece or parcel of land situate, lying and being in Collier
County, Florida, to wit:
See attached Exhibit "QCD" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
TO HAVE AND TO HOLD the same together with all appurtenances thereunto
belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity
and claim whatsoever of the said Grantor.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the day and year first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
Approved as to form and
legal sufficiency:
i
Assistant County Attorney
Last Revised: 10/15/10
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
Packet Page -982-
EMISIT O
POP.__L - Of__1__
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
5/22/2012 Item 16.A.2.
EMISIT
Paps_ d
Beginning at the Northeast comer of Lot 1, Block One of Naples Manor
Addition, according to the plat thereof, recorded in the public records of
Collier County, Florida, in Plat Book 3, Pages 67 8r 68; thence South 500
28' 30"West a distance of 200 feet along the Northwesterly line of said Lot
1 to the Northwest corner thereof; thence North 390 31'30" West a
distance of 40 feet to the Southwest comer of Lot 12, Block One, Naples
Manor Annex, according to the plat thereof, recorded in the public records
of Collier County, Florida, in Plat Book 1, Page 110; thence North 500 28'
30" East a distance of 200 feet along the southeasterly line of said Lot 12,
to the southeast comer thereof; thence South 390 31' 30" East, a distance
of 40 feet to the Point of Beginning.
SKETCH NOT TO SCALE
Color County Growth Management Division - Tranaportepon Engineering Depart rent
Packet Page -983-
05102!121 D:05 AM
LOT 12, NAPLES MANOR ANNEX, !
I i
PLAT BOOK 1, PAGE 110, !
W i
ACCORDING TO THE PLAT
Z i
THEREOF RECORDED IN THE i
c
PUBLIC RECORDS OF i
i
COLLIER COUNTY, FLORIDA
LL
4
200'
z
=
Ur
J
}
J
r
�
200'
S
i
LOT 1, NAPLES MANOR ADDITION,
W
i
PLAT BOOK 3, PAGES 67 & 68,
z
ACCORDING TO THE PLAT
W
C
THEREOF RECORDED IN THE i
¢
i
PUBLIC RECORDS OF i
Z
¢
COLLIER COUNTY, FLORIDA
o
SKETCH NOT TO SCALE
Color County Growth Management Division - Tranaportepon Engineering Depart rent
Packet Page -983-
05102!121 D:05 AM
5/22/2012 Item 16.A.2.
CAM11311— (
�e___1— ��_
DRAINAGE EASEMENT
THIS EASEMENT, given on this day of , 20 ,
from PLANNING DEVELOPMENT, INC., a Florida corporation, whose mailing address
is 3560 Kraft Road, Suite 301, Naples, FL 34105 (hereinafter referred to as "Grantor "),
to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800,
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 and
assigns. Grantor and Grantee are used for singular or plural, as the context requires.)
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, a
Perpetual, Non - Exclusive Drainage Easement over, under, upon and across the lands
described in Exhibit "DE" (attached hereto and made a part hereof) for the purpose of
installing and maintaining underground drainage pipe(s) of sufficient size and capacity
as to allow the historic stormwater flows through the open ditch that currently exists
within the property described in Exhibit "DE."
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land and, in the event no drainage pipe(s) has yet been installed in the
above - referenced open ditch, to place and /or excavate materials for the purpose of
installing and maintaining underground drainage pipe(s) of sufficient size and capacity
as to not inhibit the historic stormwater flows through the open ditch that currently
exists. The easement granted herein shall constitute an easement 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: PLANNING DEVELOPMENT, INC.
DATED:
Witness (Signature)
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
By:
MICHAEL FERNANDEZ, President
Packet Page -984-
5/22/2012 Item 16.A.2.
EXtlll3l � �_
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Drainage Easement was acknowledged before me this day of
2012, by Michael Fernandez, as President of Planning
Development, Inc., a Florida corporation, who:
is personally known to me
OR
produced as proof of
identity,
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial / Commission # (if any):
(Signature) My Commission Expires:
(Print Name)
Last Revised: 10/15/10
Packet Page -985-
EXHIBIT Tc
pope_„ 1 d_l-
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
5/22/2012 Item 16.A.2.
EXHIBIT C
Beginning at the Northeast comer of Lot 1, Block One of Naples Manor
Addition, according to the plat thereof, recorded in the public records of
Collier County, Florida, in Plat Book 3, Pages 67 & 68; thence South 500
28' 30"West a distance of 200 feet along the Northwesterly line of said Lot
1 to the Northwest comer thereof; thence North 390 31'30" West a
distance of 40 feet to the Southwest comer of Lot 12, Block One, Naples
Manor Annex, according to the plat thereof, recorded in the public records
of Collier County, Florida, in Plat Book 1, Page 110; thence North 500 28'
30" East a distance of 200 feet along the southeasterly line of said Lot 12,
to the southeast corner thereof; thence South 390 31' 30" East, a distance
of 40 feet to the Point of Beginning.
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SKETCH Nor ro SCALE
ColierCounty Guth Management Division •Tmmputbo+Engkwwkv Depftwt
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LOT 12, NAPLES MANOR ANNEX, !
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PLAT BOOK 1, PAGE 110, !
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ACCORDING TO THE PLAT !
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THEREOF RECORDED IN THE i
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PUBLIC RECORDS OF i
COLLIER COUNTY, FLORIDA i
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200'
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LOT 1, NAPLES MANOR ADDITION, !
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PLAT BOOK 3, PAGES 67 & 68, !
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ACCORDING TO THE PLAT i
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THEREOF RECORDED IN THE i
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PUBLIC RECORDS OF j
COLLIER COUNTY, FLORIDA
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