Agenda 10/25/2011 Item #16A 610125/2011 Item 16.A.6.
Raommeadatlov to accept ma donation of a drainage asemaet berm 40° Street NE
and time FAKk UWOs Canal m Unit 43 of f;aMan Gate Eamon. "nod Imp used Rmrdimg
teas out excess! S60)
OBIECTIVE: To accept the donation of a 50 R dmimge amounts from 0e ovmen of Treat
127 in Unit 43 of Golden Gads Fs Wes located between 401" Strew NE and the FAEA Union
Cun The property ossuwr n a Florida limited liability cmni m y blown as CCR Developmant,
he. The asOund gives the County tie fight b miter upon private property, clear the existing
vegetation from the drainage ditch and to Perpetually maintain it as needed.
CONSUIERAT[ONS: Oa Jerre 16, 2010 Transportation Engineering sniff recdved an email
from the Road end Bridge Maintenance Department sWiag tied the amm:wmer damage ditches
vat of Odd Suet NE (from 60 Avenue NE north b 72°d Avenue NE) were severely
overgrown wild mush and needed to bas cleared. It even discovered met all of the ditches were on
Pmme Pmparty. In order to clean out dte ditches and Provide ongoing maindsnanme m ensue
Fmm' drainage into the FAKA Union Caney letters were mailed to five different property
Owens to retina[ that may donate those existing ditch areas to tie County a papemal montage
eee®mm. Two of the Property assurers in Unit 43 have already doomed assmaaua and dhow
conveyances lave been recorded in the public records. 'the owner of Trot 127 has agreed to
dome a 50 ft. wide Puma of Ids property as well and has already, execmed the necessary,
documents.
EIBCAE 1MPAM Fees for recording me asmoan memmmt and me Affidavit of
Partnership will not extend 550.00 and wJl be paid dram Fed 101, Cast Center 163620.
GROWTH MANAGEMENT IMPA T: Thee is no growth management impact asocimd
with this Excontive Smmmany.
I.EGAE CONSBJERATIONS: TMs item is lega0y sufficient for Bond action, and requires a
majority vote fm approve. aw
B1 NDATION: Tied flu: Board of County Commissioners ofC011ia County:
1. Approve the attacked Easement Agreement far Pm ¢1 NO. 209DE and aWhoriu its Chumnau
W aeente same an belalfofthe Beard;
2. Accept 0as comeyamx of Panel 209DE to Collier County aM authorize tiro County
Manager, or his designee, m reamer said easement hammed; Mang with tie Affdeadd of
Penmanship in the public assume of ilia County, Florida;
3. Amhofize the naymma of coon associmed with recording tits easemet.
Pmpmed by: Rebeccaflardm& Property Acquisition SPaidim, Tmmandeion Enguessfing
/1 Attachments: (1) Agreement; (2) Draimg Easemem;(3) Affidavit of Partnership; (4) Aale1
Packet Page -1241-
10/25/2011 Item 16.A.6.
^ COLLIER COUNTY
Board of County Commissioners
Item Number: 16.AB,
Item Summary: Recommendation to accept the donation of a drainage easement
between 40th Street NE and the Ed" Union Canal In Unit 43 of Golden Gate Estates. (Fiscal
Iint Recording fees not to exceed $50)
Meeting Bate: 10/25/2011
Prepared By
Name: HardtngRebecca
Title: Property Acquisition SpecialetTranspor0tion Engineering & Construction Management
1 0/512 011 11:14:18 AM
^ Submined by
Title: Proper' Acquisition Speciarst Transpoelation Engine nng & Construction Management
Name: HardingRebecea
101 11.14:19AM
Approved By
Name. HendncksKevin
Tide: Manager- Right f Way,Tmnsponation Engineering
Dare: 10/5/2011 1:04:1] PM
Name: GossardN is
Title: Supermardent - Roads & BridgesTransponedon End
Date 1011 83241 AM
Name: NauthROOkmin
Title: ManagemenrBUdger AnalyscTro sponanon Adminim
Date 10/6/2011 8 33 31 AM
Name: BelancurNatali
Tide: Executive Secrehou Transpermtim Engineering & C
Packet Page -1242-
10/252011 Item 16.A.6.
Date. 10/6/20118:44:53 AM
Name: Ahmadlay
Title : Director - Tmnsportatlon EnglneenogTrarapia lon Engineering& Construction Management
Data 10 /11 201111:30:02 AM
Name: Wnght3eff
Title: Aasiatant County AttOmay,COnnty Attorney
Dare: 10/11/20113: 55: 54 PM
Name FederNOrman
Title: Administratm- Gi Management Div.Tmnspamti
Date. 10,1 V2011 1026:50 AM
Name: Mercellaiemme
Title Executive Secremn,Transponatlon Planning
Date 10/122011 2:4335 PM
Name Klavknwleff
Title: Coonty Atmmey,
Date 10/14201111:5128 AM
Name StanleyTheese
Title ManegementBUdget Analyst, Senior.Office of Management & BAget
Date 10/142011 11 M 49 AM
Name: Ockii
Title. County Manager
Date: 10 /168011 42]:03 PM
Packet Page -1243-
PROJECT. 99999 MICC.
PARCEL. 209DE
FOLIO r 38912090063
AGREEMENT
10/25/2011 Item 16.A.6.
THIS AGREEMENT (hereinafter referred to as the 'Agreement] Is made and
entered Into on this day of 20� by and between CCR
DEVELOPMENT, LLP, a Florida limited hereby partnership, whose mailing address is
7145 Lilac Lane, Naples, Florida 341202586(hereinafter referred to as " Owner '), and
COLLIER COUNTY, a political subdivision of the Shire of Florida, whose mailing
address Is 3299 Tamieml Trail East by the OXIm of the County Adomey_Sure 800,
Naples, Florida 34112 (hereinafter referred to as "County').
WITNESSETH:
WHEREAS, County has reci led that Owner convey to the Counts a perpetual,
non ex Gu er damage easement over under, upon and across the lands described In
Exhibit "A" dealnafter referred to as the 'Easement "), which Is aVached hereto and
made a pan of this Agreement: and
WHEREAS, Owner remgniees the benefit to Owner (t0 have Counts forces enter
upon the Easement and clear vegetation and debne from the tltich that presently exists
within the Easement area) and Owner desires to convey the Easement to the County for
this purpose.
NOW THEREFORE, In consideration Of these premfseS the sum of Ten Dollars
G10 00), and other good and valuable consierma n, the receipt and Pane ncy of
which Is hereby mutually acknowledged It is agreed by and between the parties as
follows'
1_ All of the above RECITALS are e w
and nect and are hereby expressly
rgrearated herein by numerous as
i set forth fully derew, and all Exhibits
referenced healn are made pan of this Agreement
2. Owner shall execute and deliver a -Drainage Easerel instrument to County,
which shall be reco dad In the public remoras of Collier County, Florida, at
County a sole cost and expense.
3. In exchange for the Owner's grant of Easement County shall enter upon the
Easement area and cut and clear emanate, and debris Imm the existing ditch.
4_ This Agreement and the terms and provisions hereof shall be effauLve as of the
data IMS Agreement Is executed by both patties and shall Inure to the bane@ of
and be binding upon the ponies hereto and their respective heirs, a acotora.
personal represenUOre; s successor trustees, andor reps er
whenever me accept so o res or admnt °L
b. Cnnvayonce of Easement by Owner is contingent upon no other previsions
conditions_ Cr premises other than those so sotted above. and this written
Agreement, Including all exhibits attached hared_ shall separate the enure
Agreement and understanding of the panes, and mere are ther prior or
mmempomneous written or oral agreaments, undertakings, promises %@mantes,
or payments not confined heroin
6. This Agreement is governed and mustnal In accordance with the laws of the
State of harder
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
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10/25/2011 Item 16.A.6.
IN WITNESS WHEREOF, me pan hereto have assorted NR Agreement on the
date first above winner.
As TO COUNTY
DATED.
ATTEST. BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROOK CIerk COLLIER COUNT/, FLORIDA
BY.
Deputy Perk FRED W. COYLE Chairman
AS TO OWN CCR DEVELOPMENT, LIT a Florida
DATED. �30,rw / limbed liability partnership
/ I p✓ O
W (Spit ture� / Vigor Oanl Rotlrlg az
ass (Spit
pUd;� General Partner
Name (Foul on Ty/ /per,(
L i ,iFsl,
WIG�rss (6rgnawrel
Name (Ph or Type)
Approved as to form and
legal sufficiency
AasiatASSisi rule
Packet Page -1245 -
10/25/2011
Item 16.A.6.
PROJET NO.
99999
PROJECCT PARCEL NO.
P090E
QJUL
EXHIBIT °�' FOUO NO
38912400003
Page —N!
PR OPGSE050FOOTWIOE W
2
LEGAL DESCRIPTION & SKETCH
DRAINAGE EASEMENT
ROTA SURVEY)
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THE NORTH 50 FEET OF TRACT 121, GOLDEN GATE ESTATES
UNIT N0. 43. ACCORDING TO THE RAT THEREOF. RECORDED IN
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PLAT BOOK ], PAGE 28 OF THE PUBLIC RECORDS OF COLLIER
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DRAINAGE EASEMENT
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PROJECT: 99999 MISC.
PARCEL'. 2090E
FOLIO: 38912400003
DRAINAGE EASEMENT
1 012 512 01 1 Item 16.A.6.
THIS EASEMENT, made and entered into gffi day or
20� by OCR DEVELOPMENT, LL P, a Florida limned liability
partnership,%hose mailing address is 7145 Lilac Lane, Naples, Floritla 34120.2585,
(hereinafter referred to as 'Grantor 'I, to COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address Is 3299 Tamlaml Tat East, too the Office of
the County Agency. Suite 800, Naples, Floods 34112 (hereinafter referred to as
"Granted').
(Wherever used herein the terms "Grantor and 'Granlee "Include all the same$ro
this Instrument and their expensive hears, legal representatives, s and
Social Grantor and Grantee are used for regular or plural, as the contest requires.)
WITNESSETH'.
Grantor, for and in consideration of TEN OOLLARS Sit 00) and other valuable
consideration paid by the Grantee, the receipt and suf0olenq of whim la hereby
cknowledged, hereby comers gems bargains end sells unto the Grantee a
perpetual n mexiJusne damage easement m enter upon the lanm of Grantor and
to Cut and near vegetation and debris from the dnen located within the following
described lands Ideal Collier County, Florida to wit
See atdched Exhibit "A "which is
incorporated herein by reference.
Subject to easements historians andreservationsofrecord
-
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land and to excavate and remove earthen material for the purpose Of
reshaping the lstiag ditch m order to Improve stanneemer flows through said burn.
T ea
he easement granted herein mall mnsmute an easement running with the land and
shall buroen the lands descrded above
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
dale and year first above written.
WITNESSES'.
CCR DEVELOPMENT, LLP, a Florida
limited lidbillty partnership
V 1 V
Wh ssWh ss (Signs!
Victorad
(ZY
art er
General Partner
Name(Prml Or Type)
iCy/J
Wrtnass (6iBnatu re)
Name (Print or Type)
Packet Page 1247
10/25/2011 Item 15A.6.
STATE OF ll
COUNT" OF be,
The foregoing Drainage Easement was acknowletlga0 before me this � day of
Dill e�t, LLp. a local Limned aemv partnership reOn behalf of sale penoel
who
_ Iapersonaryknowntome
OF
Produced rt iL as proof of
idamny
(affix herself seal) (.C1z
(signatuia of Nofary Pubucl
(Print Name of Notary Pubfm)
eenai / Commission 0 (II any)'.
My Commission Expires
Packet Page -1108-
10/25/2011 Item 16.A.6.
PROJECT NO 99999
EXHIBIT PROJECT PARCEL NO, 38912409DE
FOLIO NO Page dam_
LEGAL DESCRIPTION It SKETCH
(NOTA SURVEY)
THE NORTH 50 FEET OF TRACT 127 , GOLDEN GATE ESTATES
UNIT NO 43, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PLAT BOOK ], PAGE 29, OF THE PUBLIC RECORD- OF COLLIER
COUNTY, FLORIDA.
PROPOSED 50 FOOT WIDE w
DRAINAGE EASEMENT 50 Z
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Packet Page 1249-
10/25/2011 Item 16.A.6,
PROJECT'. 99999 MISC.
PARCEL: 2090E
FOLIO: 38912400003
AFFIDAVIT OF PARTNERSHIP
STATE OF G[s�Pk
COUNTY 6F-
CjNW,i
BEFORE ME, the undersigned currency, pesonally appeared Ye1or Daniel
Rodriguez , who, being by me mat duly sworn, on Oath, deposes) and III that
1. Victor Daniel Rodnguez Is a general parer of CCR DEVELOPMENT,
LLP, a FmMa Ilmi@tl liability partnership.
2 The partnership Is currently in exigence and has not been Demanded or
dissolved.
3. The tollowiog parties are all M the general canners of the partnership'.
.i.paa¢FZ� 1Z:cDetH4t
J »w l 20DRolPevil
4. wcior Di Fuedguez is influential by the partnership agreement to
eenaema Interests a een obtained rell sop" on behalf of the camera Fm, and an responses
5. The partnership is not currently a debtor in a bankrui proceeding and
this sorveyanc, is In me merely course of business.
6. This eldest is given to induce Me issuance of a title policy Insuring the
contemplated tramagion.
T. Arent further states Mat he is familiar with the nature Oran path and with
the ceramic as provided by the Taws of State of Florida for facer swearing to
statements made in an instrument of mWre . Arent Mrther names; that he has cony
reap this affidavit and understand; As contents.
VIOTCR NIE�DRIGUE2
STATE OF e tu? PO
COUNTY OF:
Sworn to and subscribed before me this gZ seven rv'Q
20 -FL, by Victor Daniel Rodnguea who
)2L is personally known to me
OR
_measures
as proof Mai lN.
hard federal seal
.J
�reof
(Signature of Notary Public)
Public)
Ali AMANDA
ne et
rwwom
(Print Name of Nory Pu: blic)
6ehal / Commission ir ( arty) -
so
My Commission Ea pres
K. eil real cannot Page 1250-