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Agenda 07/27/2010 Item #16A23Agenda Item No. 16A23 July 27, 2010 Page 1 of 9 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. This is a recommendation to accept a permanent drainage easement over a portion of Tract 4, Lely Resort, Phase One. OBJECTIVE: To accept a permanent drainage easement over a portion of Tract 4, Lely Resort, Phase One CONSIDERATIONS: On March 6, 1990, the Board of County Commissioners approved the plat for Lely Resort, Phase One. The plat contained some temporary drainage easements which were to be automatically vacated upon acceptance of permanent easements. The developer is now developing one of these parcels and has submitted plans with permanent facilities. The replacement easement will now be located over the permanent facilities. Collier County will have no maintenance responsibility with respect to the easement or the improvements within the easement area. Land Development Services Department recommends that the Board accepts the permanent easement. FISCAL IMPACT: The County will realize revenues as follows: Fund: Growth Management Fund 131 Agency: County Manager Cost Center: 138327 -- Land Development Services Revenue generated by this project: Fees associated with this easement document were paid at the time of Site Development Plan application. The developer will pay all necessary recording fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact. This project is within the Lely Resort Development of Regional Impact. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the easement for legal sufficiency. This item is ready for Board consideration and approval. HFAC RECOMMENDATION: That the Board of County Commissioners accept the drainage easement. Agenda Itern No. 16A23 July 27, 2010 Page 2 of 9 Attachments: 1) Location Map, 2) Easement, 3) Mortgagees Consent PREPARED BY: John Houldsworth, Senior Site Plan Reviewer, Land Development Services /Engineering Review, Growth Management Division, Planning and Regulation Agenda Item No, 16.A23 July 27, 2010 Page 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A23 Item Summary: This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. This Is a recommendation to accept a permanent drainage easement over a portion of Tract 4, Ley Resort, Phase One. Meeting Date: 7/27/2010 9:00:00 AM Prepared By John Houldsworth Site Plans Reviewer, Senior Date Community Development & Engineering 8 Environmental Services 712112010 10:34:20 AM Environmental Services Approved By Nick Casalanguida Director - Transportation Planning Date Transportation Division Transportation Planning 7121/2010 10:38 AM Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 7121/201011:31 AM r. Approved By Jeff Klatzkow County Attorney Date 7/2112010 11:52 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 712112010 12:14 PM <oo CDN.y r N pN 03 Z >.� c � tD C N a a 2 \ ro � 5 of A lz\� O Y 1 y� �I o� �E w x s I Y b 4 w I Q vJ c� G O Q a O' w }I J J Agenda Item No. 16A23 July 27, 2010 Page 5 of 9 PREPARED BY AND TO BE RETURNED TO: Eleanor W. Taft, Esq. Eleanor W. Taft, P.A. 2647 Professional Circle, Suite 1203 Naples, FL 34119 GRANT OF EASEMENT It is hereby agreed that STOCK DEVELOPMENT, LLC, a Florida limited liability company (hereinafter referred to as "GRANTOR "), whose address is 2647 Professional Circle, Suite 1201, Naples, Florida 34119, in consideration for TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, sell, transfer, convey and deliver unto TRIANGLE PLAZA AT LELY RESORT COMMERCIAL NEIGHBORHOOD PROPERTY OWNERS' ASSOCIATION, INC. a Florida not- for - profit corporation (the "ASSOCIATION ") and its respective successors and assigns and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as the "GRANTEES "), a non - exclusive, perpetual easement for storm water management facilities and right -of -way upon, over, across or below the surface of the following described lands of the Grantor, situated in Collier County, Florida; more particularly described as follows: See Exhibit "A" attached hereto and made a part hereof for the purposes of maintaining and repairing, at the Association's sole cost, all stormwater management facilities contained on the easement property as well as all portions of the easement property. This easement is in substitution of the temporary drainage easement depicted in Plat Book 16 at Page 89 and described in Note 19 thereof; accordingly, the Grantor abandons the temporary easement and substitutes thereto this permanent easement for stormwater management facilities. The foregoing maintenance and repair obligations shall be conducted and performed in accordance with all applicable permits and agreements concerning such property. Such obligations shall include, but shall not necessarily include, maintaining policies of liability and casualty insurance for injuries to person or property in connection with the easement property. Collier County shall have no obligations relating to this easement; including but not limited to maintenance and repair. Association, by virtue of utilizing the easements granted to it hereunder, hereby agree to indemnify, defend and save Grantor and its successors and assigns harmless of and from any and all claims, demands, lawsuits, expenses, attorneys' fees, causes of action, judgments and liabilities which now exist or may hereafter arise with respect to the use of the easements declared hereunder by such user, whether such matters relate to injury to personal property or otherwise, but excluding any claim, demand, loss, expense, attorney's fees, cause of action, judgment or liability arising out of or relating to the negligence or more culpable conduct of Grantor. In the event any action or proceeding is taken to enforce the provisions of this instrument, the prevailing party shall be entitled to an award of court costs and attorney's fees (which shall include any and all attorney and paralegal fees incurred in the course of trial or appellate litigation or related services by an out -of -court attorney and paralegal associated with or regarding the dispute in question, and any and all such fees incurred in connection with any administrative proceeding associated with or regarding the dispute in question) necessitated by non - compliance with the terms of this instrument. 1- Executed this day of July, 2010. WITNESSES: RE-1 STATE OF COUNTY OF Agenda Item No. 16A23 July 27, 2010 Page 6 of 9 STOCK DEVELOPMENT, LLC, a Florida limited liability company By: Name: Its: The foregoing instrument was acknowledged before me this day of July, 2010, by as of STOCK DEVELOPMENT, LLC, a Florida limited liability company. He is personally known to me. My Commission Expires: (Signature) (AFFIX NOTARY SEAL) Name: (Legibly Printed or Typed) Notary Public, State of Florida (Commission Number, if any) Approved as to form & legal sufficiency r.[' /, - -ounty Attorney N"~- -2- g �g c� 0 2 O i W JOE 6. g'; �x °i ads °a °0' r`oa In �_$ j mss flV- GI° °: °� bi �cuioG 149.21 3 E A Y „LJ , C] IsI W 4 Il, U\ E� 7 �! PAMUMI MAX, U.S 41 (300' R -O-W) a o� �LL z o w °gib v W w 0 --T I I I I� J I a I I I I dal 'I I �? I � I I I F � n � � h �e p N rn o2 p2'° pm iFm p Wes= pil\ I N, mp v. Zg R 4 3W z'mm nn MI'1'WdL['SI- S01OLi1 /L'1>NW ��V'Y Lf -d102VL Wl \M315tlN 1YO Sad'M3 'N0h'l 16A23 2010 7 of 9 Agenda Item No. 16A23 July 27, 2010 Page 8 of 9 CONSENT OF MORTGAGEE GRANT OF EASEMENT STORMWATER WATER MANAGEMENT FACILITIES KNOW ALL MEN BY THESE PRESENTS: Regions Bank (the "Mortgagee "), the holder of that certain Mortgage, Security Agreement, and Assignment of Rents, recorded April 22,2002 and recorded in Official Records Book 3022, Page 2108 and modifications recorded in Official Records Book 3947, Page 452 and Official Records Book 4128, Page 3834 of the Public Records of Collier County, Florida (the "Mortgage "), which Mortgage constitutes a lien upon the real property, hereby consents to Stock Development, LLC, a Florida limited liability company (`Stock") subjecting a portion of the lands described therein to the provisions of the Grant of Easement and agrees that the lien and encumbrance of the Mortgage shall be subordinate to the Grant of Easement. The subordination set forth herein is limited strictly to the rights of the Association and Collier County, its successors and assigns, created by the Grant of Easement and this subordination shall not constitute a subordination to the rights of any other person or entity that holds any interest in the Property, as defined in the Grant of Easement. Dated this day of 2010. WITNESSES: Witnesses: Print Print Regions Bank By:_ Name: Title: Approved as to form & legal sufficiency ry County Attorney �� Agenda Item No. 16A23 July 27, 2010 Page 9 of 9 CONSENT OF BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Upon recommendation by the Senior Site Plans Reviewer Land Development Services Growth Management Division of Collier County and after reasoned consideration by the Board of County Commissioners Collier County, Florida (the "Board "), the Board accepts this Grant of Easement as the permanent easement in substitution of the temporary easement depicted in Plat Book 16 at Page 89 and described in Note 19 thereof; accordingly, the temporary easement is automatically terminated and such substitution is in the public interest. Attest: DWIGHT E. BROCK, Clerk 0 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA in Approved as to form & legal sufftlency fp(L County Attorney VA(Nl-