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Agenda 12/13/2011 Item #16C 912/13/2011 Item 16.C.9. EXECUTIVE SUMMARY Recommendation to adopt a Resolution requesting an Access Easement and a Temporary Construction Easement from the Florida Department of Transportation (FDOT) for the valid public purpose of providing access to, and facilitating upgrades to and the rehabilitation of, Wastewater Master Pumping Station 312 (MPS 312), and to accept the easements from FDOT, and to approve an Access Easement from Collier County to FDOT to provide access to the FDOT -owned stormwater retention pond lying contiguous to MPS 312, for a total cost not to exceed $150. Project Number 72549. OBJECTIVE: That the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, Florida, and as ex- officio the Governing Board of the Collier County Water -Sewer District (Board) adopt the attached Resolution requesting an Access Easement and a Temporary Construction Easement from FDOT to serve a valid public purpose, and that the Board accept the easements from FDOT, and further that the Board approve the attached Access Easement from Collier County to FDOT; all being part of the components necessary for the rehabilitation of MPS 312. CONSIDERATIONS: On June 24, 2008, as Agenda Item IOG, the Board of County Commissioners (Board) adopted the 2008 Wastewater Master Plan Update that identified the requirement for rehabilitating wastewater pump stations. The proposed scope of work for Project 72549, "Lift Station Mechanical Improvements," is consistent with the 2010 Wastewater CIP Update, page 2 of 4, line 58, as identified in the 2011 User Fee Rate Study. The Collier County Water -Sewer District ( CCWSD) is undertaking the rehabilitation of MPS 312 located in the southwest corner of the Embassy Woods PUD (Glen Eagle) which is situated immediately north of the canal running along the north side of Davis Boulevard and immediately east of the FDOT stormwater retention pond at that location (see attached Location Map). Presently the only access to MPS 312 runs through the Glen Eagle community, which has caused substantial inconvenience to that community during maintenance activity. Therefore, CCWSD requires, and has been acquiring, a series of perpetual easements along the north side of the canal in order to access MPS 312 directly from the public right -of -way. The FDOT Access Easement is necessary to complete improved permanent access to MPS 312 over the FDOT retention pond property. The FDOT Temporary Construction Easement is required to provide temporary staging and storage area during the construction phase of the MPS 312 rehabilitation. Representatives of FDOT have agreed to convey the easements to CCWSD at no cost, provided that the Board adopts a Resolution requesting the easements and stating that they will be used only for a valid public purpose, and provided also that the attached Access Easement from Collier County to FDOT be granted in order to provide FDOT with improved access to its retention pond. In furtherance of providing improved access to its retention pond, FDOT had previously requested that CCSWD facilitate the acquisition and recordation of access easements from other adjoining property owners (Glen Eagle and Whittenberg) to FDOT; these easements have subsequently been acquired and are to be recorded at CCWSD expense as part of the FDOT transaction. Packet Page -1975- 12/13/2011 Item 16.C.9. The Resolution and the various easements have been reviewed and approved by the County Attorney's Office, by the Public Utilities Planning and Project Management Department, and by the Transportation Engineering and Construction Management Department. Adoption of the Resolution, acceptance of the easements from FDOT, and approval of the Access Easement to FDOT will further the process of providing for planned improvements to the master pumping station, plans which include good neighbor access improvements. FISCAL IMPACT: The total cost will not exceed $150 for the recording of the Resolution and the various easements. Funding is available in and is consistent with the FY12 Capital Budget approved by the Board on September 22, 2011. The source of funding is the Wastewater User Fee Fund 414. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board action. — JBW GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, as Ex- Officio the Governing Board of the Collier County Water -Sewer District: 1. Adopt the attached Resolution and authorize the Chairman to execute the Resolution; and 2. Accept the attached easements from FDOT when received and approved by the County Attorney's Office; and 3. Approve the attached easement from Collier County to FDOT and authorize the Chairman to execute the easement; and 4. Direct the County Manager or his designee to proceed to acquire the easements from FDOT, to follow all appropriate closing procedures, and to record the Resolution, the various easements, and any and all necessary documents to obtain clear title to the easements, in the Public Records of Collier County, Florida. PREPARED BY: Marlene J. McLaughlin and Hans Russell, Senior Property Acquisition Specialists, Real Property Management/Facilities Management Department Packet Page -1976- COLLIER COUNTY Board of County Commissioners Item Number: 16.C.9. 12/13/2011 Item 16.C.9. Item Summary: Recommendation to adopt a Resolution requesting an Access Easement and a Temporary Construction Easement from the Florida Department of Transportation (FDOT) for the valid public purpose of providing access to, and facilitating upgrades to and the rehabilitation of, Wastewater Master Pumping Station 312 (MPS 312), and to accept the easements from FDOT, and to approve an Access Easement from Collier County to FDOT to provide access to the FDOT -owned stormwater retention pond lying contiguous to MPS 312, for a total cost not to exceed $150. Project Number 72549. Meeting Date: 12/13/2011 Prepared By Name: McLaughlinMarlene Title: Property Acquisition Specialist,Facilities Managem 11/14/2011 1:35:55 PM Submitted by Title: Project Manager, Senior,Public Utilities Engineeri Name: SchaltPeter 11/14/2011 1:35:56 PM Approved By Name: HapkeMargie Title: VALUE MISSING Date: 11/14/20112:11:49 PM Name: HendricksKevin Title: Manager - Right of Way,Transportation Engineering Date: 11/14/20113:31:02 PM Name: CampSkip Title: Director - Facilities Management,Facilities Manage Date: 11/15/20119:34:50 AM Packet Page -1977- Name: PutaansuuGary Title: Project Manager, Principal,Transportation Engineer Date: 11/15/2011 10:14:24 AM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 11/15/2011 1:20:14 PM Name: MottToni Title: Manager - Property Acquisition & Const M,Facilitie Date: 11/17/2011 9:16:38 AM Name: Amysue Benker Title: Executive Secretary, Date: 11/18/2011 8:40:06 AM Name: ChmelikTom Title: Project Manager, Principal,Public Utilities Engine Date: 11/22/2011 10:39:22 AM Name: PajerCraig Title: Project Manager, Senior,Public Utilities Engineering Date: 11/22/2011 10:57:45 AM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 11/22/20112:00:09 PM Name: YilmazGeorge Title: Director - Wastewater,Wastewater Date: 11/27/2011 9:43:17 AM Name: KlatzkowJeff Title: County Attorney, Date: 11/28/2011 1:34:58 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 11/30/2011 10:26:27 PM Name: OchsLeo Title: County Manager Date: 12/1/20115:13:54 PM Packet Page -1978- 12/13/2011 Item 16.C.9. 12/13/2011 Item 16.C.9. Packet Page -1979- 12/13/2011 Item 16.C.9. RESOLUTION NO. 2011- RESOLUTION NO. CWS -2011- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REQUESTING THAT THE FLORIDA DEPARTMENT OF TRANSPORTATION CONVEY, TO THE COLLIER COUNTY WATER -SEWER DISTRICT, AN ACCESS EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE VALID PUBLIC PURPOSE OF PROVIDING ACCESS TO, AND FACILITATING THE UPGRADE AND REHABILITATION OF, WASTEWATER MASTER PUMP STATION 312. WHEREAS; the Board of County Commissioners is the governing body of Collier County, a political subdivision of the State of Florida, and in addition is ex- officio the Governing Board of the Collier County Water -Sewer District (hereinafter collectively referred to as "Collier County"); and WHEREAS, Collier County is continuing its program to upgrade and rehabilitate master pumping stations that require repairs, technology updates, pump replacements, electrical efficiency enhancements, odor control upgrades, reliability upgrades, and good neighbor access improvements; and WHEREAS, Master Pump Station (MPS) 312, which is located immediately north of the canal running along the north side of Davis Boulevard and immediately to the east of the Florida Department of Transportation's retention pond site at that location, is scheduled for upgrade and rehabilitation; and WHEREAS, as part of the rehabilitation of MPS 312, there is a need to facilitate improvements for access in order to minimize inconvenience to neighboring property owners and for increased safety. The Access Easement requested from Florida Department of Transportation provides the access area required to meet this need. Further, there is a temporary need for land area for staging and equipment storage during the rehabilitation construction period. The Temporary Construction Easement requested from Florida Department of Transportation provides the land area required to meet this need; and WHEREAS, the Board of County Commissioners of Collier County, Florida, has concluded that it is in the best interest of the citizens of Collier County to request and subsequently acquire the requested Access Easement and Temporary Construction Easement, and that the acquisition of the easements serve the Valid Public Purpose of facilitating construction for the rehabilitation of MPS 312 and providing, improved permanent access to MPS 312 to minimize inconvenience to neighboring property owners and increase safety value related to the access route serving MPS 312, thus furthering the process of providing improvements to and rehabilitation of master pumping stations; and i WHEREAS, the Access Easerptent and Temporary Construction Easement areas requested shall be used only for the Valid_Public Purpose previously described. Paae 1 Packet Page -1980- 12/13/2011 Item 16.C.9. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, Florida, and as ex- officio the Governing Board of the Collier County Water -Sewer District, does hereby request that the Florida Department of Transportation convey an Access Easement and a Temporary Construction Easement, in the forms attached hereto, to the Collier County Water -Sewer District, for use only for the Valid Public Purpose as hereinabove described. THIS RESOLUTION ADOPTED on this _ day of 2011 after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form and legal sufficiency Jenni B. White Assistant County Attorney By: Fred W. Coyle, Chairman Paae 2 Packet Page -1981- 12/13/2011 Item 16.C.9. Project: MPS 312 Rehabilitation & Improvement (C.CWSD) Parcel /Follo: 00400680004. County: Collier State Road: 94 ACCESS EAS ,MEN f THIS ACCESS EASEMENT (hereinafter rererred 10 as the "Easement ") is made and entered into on this day of 2011 by and between STATE OF FLORIDA, ACTING THROUGH THE DEPARTMENT OF TRANSPORTATION, whose mailing address is P.O. Box i249., Bartow, Florida 33831 -1249, 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 3335 Tamiami Trail East, Suits 101, Naples, Florida 34112 -5356 Its successors and assigns, as Grantee. (Whenever used herein the terms "Grantor" and "Grantee" Include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) 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, barga'ins.and .sells unto the Grantee, its successors and assigns, a perpetual, non - exclusive easement.Torzecess purposes, including vehicles, on, over, upon, across and through 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. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said lands for all purposes of access to utility and access facilities Eying easterly of and contiguous thereto. Grantor and Grantee are used for singular or plural, as the context requires. The,easement granted herein shall constitute easements running with the land and shall burden the lands described above, Grantor reserves and excepts unto Itself and Its successors and assigns, all rights accruing from its ownership of the real property described in Exhibit "A" against which this easement is being granted, including the right to engage in or permit or invite others to engage In .811 uses of the same real property that are not Inconsistent with the purpose of the easement being granted herein or hander the use of the easement, being .granted herein. The Grantee shall maintain the easement described herein in a good state of` repairat the sole cost. and expense of Grantee, its successors and assigns, Grantee hereby agrees that it will indemnify and hold harmless Grantor from any claim brought or made for or on account of any injuries or damages received or sustained by any person or persons or property, arising out or, or occasioned by, the negligence of Grantee in connection with use of the easement described herein and/or any permitted equipment or improvements owned by Grantee within the easement granted herein. Grantee shall promptly repair at its expense any damage to the easement or any other property not owned by Grantee, caused by Grantee; exercising its rights under this easement. In the event that Grantee causes damage to the easement or any other property, real or personal, not owned by Grantee in the exercise of the privilege granted herein, Grantee agrees to restore the easement or property so damaged to its original condition at Grantee's expense. Maintenance of the easement shall be performed in a manner that. is minimally intrusive. to Grantor's business, property and improvements. Packet Page -1982- 12/13/2011 Item 16.C.9. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Dated: Attest: STATE OF FLORIDA. Name: DEPARTMENT OF TRANSPORTATION (Type or Pdrill By: Executive Secretary District One Secretary Attest: Name: (Type or Print) (Affix Department Sea[) STATE OF FLORIDA COUNTY OF The foregoing Instrument was acknowledged before me this _ day of , 2011 by , District Secretary for District One, who is personally known to me or who has produced as identification, (Signature of Notary) (type /print name) Notary Public My Commission Expires: (Affix Notary Seal) Packet Page -1983- 12/13/2011 Item 16.C.9. SKETCH OF ACCESS EASEMENT POWER ti Pau l � hJ T1i►GT, -S 1 1� U.E. �,, `1I AOILFODLRSE LAlic PLAT ME OF I DRAINAGE. AM NORTH SLAPS ' .rlwowR 41AP,TFAANCE FN9EMHlt . L3NCFTwm , y BMrsEYYro 00-FRO D 1` MAT ROOK TI PAM G-4 TOP OF SANK POLE GRAPHIC SCALE �% 1 o x' 4s 90 UJI.O.S. 1 EASEMENT �: /, ENSA587N'000U.arF'A,ID 1 �'\ IN .!'SET) DGw+,,,Y L1,a e PINTSGL1ft tT; PJJW Q49 1 I Inah .: 90 IL POND rwLatuui9+ FLORIDAOEPARTMENT ! ' i 9d LOMFIWA OFTRANSPORTATlOYf (OK SOCK 2G43, PAGE 9701 j r, ACCESS F.ASEM04t 3M SQUI AN FEET UTILITY EASUeNT O:R. BOOK 1425, PAGE 172DIrn _,�ry 1�F,t24n4.T Parcel /055 (Part) �T�.0. P. TRArf w LAGO MAGGIO PLAT BOOK 38. PAGES 11.14 CC uug COUNTY (O.R, BOOK 3X3. PG; M). UA - I1TILMEiiRsN6Yt POL& UAOS. - LPWID RSCRE'ATIO W-OPENSPACE .3 Poz.PwrOF8EG4wd y: PA.O. • POF wCommiNaEMEN7 ra OA •OF'F1CNLb a a,w- OVERHEMwE�s. C o CGIIN.TY U.TII.ITY Ei15PlAW (CUE( 1TiTM SO WIDE DRAINAGE EASEMENT EMBASSY WOODS GOLF AND COl1NTAY CLUB PLAT BOOK 11. PAGES 4749 STATE PL ANECOORDINATE4 (NAO 83 (1999U N -fi% B$.78 ROPTNPAIY PoONi-0FiYRYLWR E- 41M.49 DAVIS BOULEVARD (5.R - 84) PWTIIMlTCOPMet ^Z' iKTSCN E MOT 4` R E IH{LJ1T nHATr tO" COLLIER. COUNTY MASTER PUMP STATION 312 REHABILITATION flue: SKETCH DESCRIPTION OF FDQT ACCESS EASEMENT ddte:oiCTOBER 22, zoin REVISED 1x- 1T - -10 9rieis SCd book: ISa NO Li O.rtleew of A'WorImUm RM, u 6664 -md se � 1- .� 30, pogo: ii r= ("916415 -esaa ■a��� R & oroiect I view: 1URUNDAGB, LN¢ no.::00 -4034 SHEEP 1 OF 2 Professional engineers, planners, do land surveyors °cod: file n°: C"ar Couptyl sdle.RW, rwor Wtud Trou:_N*rUw Papim n $008 00)6sr -ua7 1MUSD 10461 Packet Page -1984- 12/13/2011 Item 16.C.9. DESCRZPTrON OF ACCESS EASEMENT DESCRIPTION of an Access Easement. over lands of State of Florida, Department of Transportation,. Collier County Folio No. 00400680004, situated In Section 6, Township 50 South; .Range 26 East, Collier County, Florida, Stipulated Older of Taking and SHpuleted Final Judgement and fee simple description filed in Official Record Book 2043, pages 0930 +� through 0936, said Access Easement more particularly described as folloows: ,. COMMENCING at the southeast comer of Section 6, Township 50 South, Range 26 East, thence, alonglhe east.11ne of Section 6, North 00 degrees 39 minutes 34 seconds West, the Qli distance of 155,00 feet to a point being the northeast oomer of a Collier County parcel of -,, land Identified as folio No. 53264000165 also being the northeast comer of a 40 foot wide Access, Drainage and Maintenance Easement as described in Official :Record Book 2043, page 0934 in the Public Records of Collier County, Florida and the POINT OF BEGINNING and running, From said POINT OF BEGINNING and.;extending along the northerly line of lands of Collier County and the Access, Drainage and Maintenance Easement, South 89 degrees 58 minutes 10 seconds West, the distance of.89.19 feet, thence, leaving the line of Collier {^� County lands and extending over the lands of the State of Florida, Department of 4Cj Transportation North 00 degrees 01 minutes 50 seconds West, the distance of 4,00 feet thence North 89 degrees 58 minutes 10 seconds East, the distance of 25.52 feet to the beginning of a mne concave northwesterly whose radius point bears North 00 L4-- degrees 01 nmutes 50 seconds West, the distance of 30.00 feet; thence northeasterly along said curve through a central angle of 78degrees 16 minutes 02 seconds an arc distance of 40;98 feet: thence North 11 degrees 42 minutes 08 seconds East, the distance. of 35,06 feet to the beginning of a curve concave southeasterly whose radius point bears' South 78 :degrees 17 minutes 52 seconds East, theAlstance .of 58.00 feet: thence northeasterly along said curve through a central angle of 46 degrees 58 minutes 38 seconds an arc distance of 47.55 feet to a point on the aforementioned east line of Section 6: thence along said east line of Section 6, South 00 degrees 39 minutes 34 seconds East; the distance of 100AO feet to.the'first mentioned POINT AND PLACE OF BEGINNING. CONTAINING: 3085 square feet of land, more or ins, Beatings are based on the east line of Section 6; Township 50 South, Range 26 East, Collier County, Florida as shown on the Retard Plat of Lago VUlagglo and filled In the Public Records of C,olllerCounty In Plat Book 38, pages 11 through 14. 4 `' M f,•fi I , GUY P: ADA M. - PLORIDA SU R 6 MAPPER La 4380, r " w . F a' SURVEYORS NOTE: IS SKETCH AND DESCRIPTION WAS MODIFIED FROM 14 S�KGTFH DESCRIPT PREP BY COLLIER CotlNTS DATED O5/OSrdp1D FILE NO: MPS 312 FOOT. ION ARED W.If3iY A StY i E " l ' I td r3 for` /'1 COLLIER COUNTY Project: MASTER PUMP STATION 312 REHABILITATION title. Sf{Ffcli & DESCRIPTION OF FDOT ACCESS EASEMENT dote:OCTOaER 22, 20'10 'seo[l�. - REVISED 12 -17 -10 salt: NOLI rroonr. ad �eUwrinUm rre. v ae4e ua B sbse stole: book nun r.: t44s)444-s44s- 1� ' 30' page: 4weu RR & project view: sear UrtrDAGE, rat. n0.:094034 SHEET 2 OF 2 Prafeseionsl engineers, plaanem k ]and surveyors ocad the nos ceui, Co kr. ae[tr. wo. '1440 T -t- .[ ha[[. Nor[p; K-Am FL mesas ts90Je0r -u[[ 10461SD 10481 Packet Page -1985- 12/13/2011 Item 16.C.9. Project;. MPS 312 Rehabilitation & Improvement Parcel/Foho: 00400680004 County: Collier Stale Road: 84 _f, d, 0, T . 5er ha.,I 0 C01 - 2515 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT is made and entered. Into this day of , 2011, by STATE OF FLORIDA, ACTING THROUGH THE DEPARTMENT OF TRANSPORTATION, whose mailing address -is P.O.. Box 124 Bartow, Florida 33$31 -12491 (hereinafter referred to as "Grantor "), and_the BOARD OF COUNT' COMMISSIONERS OF COLLIER COUNTY, FLORIDA. THE GOVERNING: BODY OF COLLIER.COUNIY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER�8EWER DISTRICT, whose mailing address is 3335 Tamiaml Trail East, Suite 101, Naples, Florida 34112 -5356; (hereinafter referred to es "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.) WIT'NESSETH. 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 to enter upon the following .described lands located in Collier County; Florida, to wlt: SEE ATTACHED EXHIBIT "A" Subject to easements, restrictions, and reseryallons of.record. THIS IS NOT HOMESTEAD PROPERTY. This Temporary Construction Easement is granted for the express purpose of providing Grantee temporary access to. Grantor's lands for the purpose of placing, operating, removing, staging and storing material. and equipment during the construction and Installation of public utility infrastructure Improvements on Inds adjacent thereto. This Easement is granted upon the condition. that any work performed upon the above described land. shall conform to all existing structural improvements within the limits designated, and all work will be performed In such a manner that the existing structural Improvement will not be damaged. It is understood and agreed by the parties hereto that the rights granted herein shall terminate upon completion of this project; but no later than the last day of June, 2014.Grantee shall restore the surface. of the. Easement Area after construction has been completed; prior to the expiration of'this Temporary Construction Easement. IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Dated: Attest: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Name: (Type or Print) By: _ District One Secretary Executive Secretary Attest-, Name: (Type or Print) (Affix Department Seal) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _day of , 2411 by District Secretary for District One, who is personally known to me or who has produced _ as identification. (Signature of Notary) (typelprint name) Notary Public My Commission Expires: (Affix Notary Seal) Packet Page -1986- a yy l r_T r a 9i 12/13/2011 Item 16.C.9. ,w k d M1 , a� �Jil t�. iij 4 �� ' Packet Page -1987- 14 12/13/2011 Item 16.C.9. Exhibit "A" Being those upland areaslying.betwe.en the perimeter boundary and the stabilized top of bank of the stormwater pond on that certain parcel of land acquired by State of Florida, Department of Transportation through S:tiputaled Order of Taking and Stipulated Final Judgment in the matter of State of Florida, 'department of Transportation v. Bernard Cohen, et al, in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, Case No.: 94- 4071 -CA, dated March 27, 1995 and recorded March 29, 1995 at O.R.'Book 2043, Page 930, in the Public Records of Collier County, Florida, in which order said.parcel is described, as follows: That portion of the southeast ';A of Section 6, Township 50 South, Range 26 East, Collier County, Florida. Being :described as follows: Commence at the southeast corner of. said Section 6: thence along the east boundary of said Section. 6, Nortli 001140'19' West, 155.00 feet for a POINT OF BEGINNING; thence South 89°57'25" West, 428.63 feet; thence North 00 140'17" West, 343.74 feet; thence. North 89 057'06" East, 428.62 feet to said east boundary of Section 6: thence along said east boundary South 00 04019" East: 34378 feet to the Point of Beginning. Containing 3.382 acres. EY 1e!T .r�'r Sheei 2 Packet Page -1988- 12/13/2011 Item 16.C.9. PROJECT; MPS 312 Rehabilitation & Improvement FOLIO: 53264000165 ACCESS EASEMENT THIS ACCESS EASEMENT (hereinafter referred to as the "Easement ") is made and entered into on this day of , 2011 by and between COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, as Grantor, and the STATE OF FLORIDA, ACTING THROUGH THE DEPARTMENT OF TRANSPORTATION, whose mailing address is P.O. Box 1249, Bartow, Florida 33831 -1249, its successors and assigns, as Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) 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, its successors and assigns, a perpetual, non - exclusive easement for access purposes, including vehicles, on, over, upon, across and through 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. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said lands for the purpose of access only to Grantee's stormwater pond property lying northeasterly and northerly thereof and contiguous thereto. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. Grantor reserves and excepts unto itself and its successors and assigns, all rights accruing from its ownership of the real property described in Exhibit "A" against which this easement is being granted, including the right to engage in or permit or invite others to engage in all uses of the same real property that are not inconsistent with the purpose of the easement being granted herein or hinder the use of the easement being granted herein. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATED: ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: Jen ^r 8. -White Assistant County Attorney , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Fred Coyle, Chairman Packet Page -1989- 12/13/2011 Item 16.C.9. Exhibit "A" Being Tract "H" as shown on the Plat of Lago Villagio, as recorded at Plat Book 38, Pages 11 through 14, inclusive, in the Public Records of Collier County, Florida. Packet Page -1990- ZI `sa88� W v WWI y i 1 k-+ ui s R. ti 1 f' W +o�uurrlo°v Nr r xs + MZ mn IN MM r � ve 00 1w.:6 O„1 ^ u�case rra°vvdu'cz ao°ue a mM-aaa.aa•.s.Rm,u3uNa°fl as o�aaruanwaxo , Q 4i NilyMM 3S� ,. :t W . i ° Packet Page -1991- 12/13/2011 Item 16.C.9. Yb�w 3� &iwr �1 [, y b MV me 1 flap" 8$ 8 YY 1" E j $ J 4110. t � a d ww` i 5 � 1 a W Wl I i I W w I i, •x � m ( x { � N T; t�. wvy i 4�1 J '