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Agenda 09/14/2010 Item #16C 3 Agenda Item No. 16C3 September 14,2010 Page 1 of 34 EXECUTIVE SUMMARY Recommendation to approve an Agreement with 850 NWN, LLC, and CG II, LLC; release certain utility easements; and accept replacement utility easements and additional access easements for the existing South Reverse Osmosis Wellfield in an amount not to exceed $85,400, and necessary budget amendment. OBJECTIVE: The public purpose is to assure the reliability and sustainability of the public drinking water supply by providing adequate access to the raw water well sites and other infrastructure of the South Reverse Osmosis (SRO) Wellfield by releasing certain utility easements and obtaining replacement utility easements and additional access easements necessary for the permanent wellfield access road. CONSIDERATIONS: The Collier County Water-Sewer District ("District") currently has easements for two raw water well sites and a mobility corridor extending over the entire width of the property owned by 850 NWN, LLC, and CO II, LLC, ("Owners") located northeast -of the District's South County Regional Water Treatment Plant, as shown on the attached Location Map. In the course of the Owners' development of the property surrounding the District's easements, it was determined that the area of the existing easements is inadequate to provide viable and sustainable access to the SRO Well field lying within and to the east of the Owners' property. To accommodate the District's need for adequate access, the Owners are willing to grant additional access easements and replacements of existing easements, and to construct, as part of their on-going development activities, the retaining walls, road base, and other improvements necessary to provide viable and sustainable access. In return, the District would release certain utility easements and provide reimbursement to the Owners in an amount not to exceed $85,400, representing the additional easement area and the additional construction costs occasioned by the additional access area required. The attached Agreement details the arrangement between the Owners and the District. Notably, the Owners will submit invoice(s) to the District for the work. Each invoice will have a schedule of values to identify the work performed. Taking a proactive approach, staff believes the provisions of the Agreement to be fair and reasonable, and will be auditing the progress of construction to assure best value for the work being completed. FISCAL IMPACT: Funds are available in Water-Sewer District Fund (408). A budget amendment is necessary to transfer $85,400 from Reserves to Operating Expenses in County Water/Sewer Fund 408. The source of funding is user fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact to the acceptance of this Agreement. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient, The payment language in the Agreement and in the Schedule of Values (made part of back-up to this item) has been Agenda Item No. 16C3 September 14, 2010 Page 2 of 34 closely coordinated with the Clerk's office to ensure payment upon proper presentation of invoices,-JBW RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District: I. Approve and authorize the Chairman to execute the attached Agreement; and 2. approve and authorize the Chairman to execute releases of easements once they have been reviewed and approved by the County Attorney's Office; and 3. accept the additional Access Easements and replacement Utility Easements once they have been reviewed and approved by the County Attorney's Office; and 4, authorize the County Manager or his designee to follow all proper closing procedures and record the Access Easements, replacement Utility Easements, and releases of easements iQ. the Public Records; and 5. approve the necessary budget amendment. Prepared By: Zamira Del Toro, Project Manager, Public Utilities Planning and Project Management Department Agenda Item No. 16C3 September 14, 2010 Page 3 of 34 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16C3 Recommendation to approve an Agreement with 850 NWN, LLC, and CG II, LLC; release certain utility easements; and accept replacement utility easements and additional access easements for the existing South Reverse Osmosis Wellfield in an amount not to exceed $85,400, and necessary budget amendment. 9/14/20109:00:00 AM Meeting Date: Prepared By Zamira Deltoro Project Manager Date Public Utilities Division Public Utilities Engineering 9/3/201012:00:27 PM Approved By Margie Hapke Operations Analyst Date Public Utilities Division Public Utilities Division 9/3/201012:41 PM Approved By Bala Sridhar ManagemenUBudget Analyst, Senior Date Public Utilities Division Utilities Finance Operations 9/3/20101:09 PM Approved By Pamela Libby Manager - Operations-WaterlWW Date Public Utilities Division Water 9/3/20102:03 PM Approved By Mark Sunyak Project Manager, Principal Date Public Utilities Division Public Utilities Engineering 9/3/20102:44 PM Approved By Toni A. Mott Manager - Property Acquisition & Const M Date Administrative Services Division Facilities Management 9/3/20104:47 PM Approved By Kelsey Ward Manager - Contracts Administration Date Administrative Services Division Purchasing & General Services 9/7/201010:07 AM Approved By Lyn Wood Contracts Specialist Date Administrative Services Division Purchasing & General Services 9/7/201010:08 AM Approved By Agenda Item No. 16C3 September 14,2010 Page 4 of 34 Jennifer White Assistant County Attorney Date County Attorney County Attorney 918/20108:12 AM Approved By Jeff Klatzkow County Attorney Date 918/20108:47 AM Approved By James W. Delony Public Utilities Division Administrator Date Public Utilities Division Public Utilities Division 918/2010 8:50 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 9/8/20109:56 AM Approved By Randy Greenwald Management/Budget Analyst Date Office of Management & Office of Management & Budget Budget 918/201010:10 AM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Office of Management & Budget Budget 9/8/201012:07 PM Agenda Item No. 16C3 September 14, 2010 Page 5 of 34 AGREEMENT Access for North Raw Water Wellfield South Collier Regional Water Treatment Plant THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between 850 NWN, LLC, a Florida limited liability company, and CG II. LLC a Florida limited liability company (hereinafter collectively referred to as "Owner"), whose mailing address is 159 South Main Street, Suite 500. Akron, Ohio 44308, 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 (hereinafter referred to as "Water-Sewer District"), whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112; and WHEREAS, the Owner is the developer and owner of the City Gate Commerce Center, Phase Two Plat and the undeveloped land in the City Gate Commerce Park PUD; and WHEREAS, the City Gate Commerce Center, Phase Two Plat has been recorded in Plat Book 49, Pages 97 to 100 of the Public Records of Collier County, Florida; and WHEREAS, the Water-Sewer District is the operating entity of the South Collier Regional Water Treatment Plant (hereinafter "SCRWTP"); and WHEREAS, the Water-Sewer District operates two raw water wells that are located within the City Gate Commerce Park (hereinafter "County Raw Water Well P-Site I" and County Raw Water Well P-Site 2") (See sketch attached hereto as Exhibit "A"); and WHEREAS, the Water-Sewer District needs additional area for access to the two raw water wells located within City Gate Commerce Park PUD as well as to the Water-Sewer District's raw water well field to the northeast of the City Gate Commerce Park PUD; and WHEREAS, Owner is willing to grant new access easements to the Water-Sewer District for the additional area pursuant to this agreement; and WHEREAS, proper utilization of existing easements and the additional access easements will require the correction of some existing utility easements as well as additional construction in the area of the new access easements and corrective easements; and and WHEREAS, the Water-Sewer District is willing to pay Owner for the additional construction; Page I of5 Agenda Item No. 16C3 September 14, 2010 Page 6 of 34 WHEREAS, the Owner has contracted with Bonness, Inc. ("Owner's Contractor") to construct the Phase Two Plat subdivision improvements and Owner's Contractor is currently constructing said improvements; and WHEREAS, the County will release the utility easements for County Raw Water Well P-Site 1 and County Raw Water Well P-Site 2 in exchange for appropriate replacement utility easements granted by Owner; and WHEREAS, the replacement utility easements and the new access easements will necessitate the replat of Lot 4 of the City Gate Commerce Center, Phase Two Plat; and WHEREAS, the Water-Sewer District staff and the Owner's engineer have met and determined the appropriate specifications for the required additional construction (hereinafter "'Field Changes"); and WHEREAS, it would be mutually beneficial to both parties, for the Owner's Contractor to construct the Field Changes. NOW THEREFORE, it is hereby mutually acknowledged, and it is agreed by and betv.reen the parties as follows: I, Owner has caused its engineer to design the Field Changes. 2. As used herein, the term "Field Changes" shall be generally described as the installation of 50 linear foot retaining walls, the construction of opaque concrete privacy fences thereon, additional fill and road base in the vicinity of both County Raw Water Well P-Site I and County Raw Water Well P-Site 2, the replacement of existing l' x 1.5' "pull boxes" with 3' x 4' manholes, and reconfiguration of existing fence gates and fences as more particularly described and shown on Exhibit "B" attached hereto and made a part hereof, The description of the Field Changes and specifications thereof shown on Exhibit "B" shall control over the general description set forth above. 3. Water-Sewer District has reviewed the design and has provided final approval of the Field Changes. 4. Owner will cause the Field Changes to be constructed pursuant to this agreement and will complete the construction of the Field Changes in the vicinity of County Raw Water Well P- Site 1 by October 10, 20 I 0 and complete the construction of the Field Changes by County Raw Water Well P-Site 2 by October 15,2014. Water-Sewer District shall pay Owner an amount not to exceed $85,400.00 upon receipt of invoices for work identified in the Schedule of Values. Page 2 of5 Agenda Item No. 16C3 September 14, 2010 Page 7 of 34 5, Owner and Water-Sewer District agree that no changes or additions to the Field Changes will occur except upon the expressed written agreement of both Owner and Water-Sewer District. 6, Upon completion of the Field Changes, as-built surveys will be provided by Owner's surveyor, 7. On or before November 1,20] 0, the Water-Sewer District will execute and deliver to Owner a Partial Release of Easement and Release of Easement in the forms sho,",n on Exhibit "c" attached hereto, releasing the well easements to "Parcel P-Site I" and "Parcel P-Site 2". 8. Upon the delivery of the Releases of Easements described above, the Owner will grant and deliver to Water-Sewer District: a. A Utility Easement in the form shown on Exhibit "D" attached hereto, correcting the legal description of the Utility Easement on those lands described therein ("Corrected Parcel P-Site 1 Easement"), b. An access easement in the form sho\\'11 on Exhibit "E" for those lands described therein ("Access Easement by P-Site I "), which shall be subject to Owner's right to have and maintain the retaining wall and concrete block ,vall thereon as well as landscaping north of said wall. Owner shall be responsible for all costs associated with maintenance of said walls and landscaping. c. A Utility Easement in the form shown on Exhibit "F" attached hereto, correcting the legal description of the Utility Easement on those lands described therein ("Corrected Parcel P-Site 2 Easement"). d. An access easement in the form shown on Exhibit "G" for those lands described therein ("Access Easement by P-Site 2"), which shall be subject to Owner's right to have and maintain the retaining wall and concrete block wall thereon as well as landscaping north of said wall. Owner shall be responsible for all costs associated with maintenance of said walls and landscaping. Page 3 of5 Agenda Item No. 16C3 September 14, 2010 Page 8 of 34 9. The parties acknowledge that a replat of Lot 4, City Gate Commerce Center, Phase Two will be necessary to reflect the Corrective Parcel P-Site I Easement and the new Access Easement by P-Site 1, which will look substantially similar to Exhibit "H" attached hereto. I 0, This Agreement is governed and construed in accordance \vith the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA and as EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: By: ,Deputy Clerk Fred W, Coyle Chairman DA TED: Approved as to form and legal sufficiency: ~ Jennifer . White, Assistant County Attorney 0 ~--\:> Page 4 of5 AS TO OWNER: Signed, sealed and F~~~ J "Anne E. Ele"'~n Pri ame 'LAWNJ-Ge Printed Name v: s:-r4 P'/I ~ k< . Agenda Item No. 16C3 September 14, 2010 Page 9 of 34 CO II, LLC A Florida Limited Liability Company Page 5 of 5 il jllJ .IG 1.1; ~ :Cl. ~ is .cm ;:ctI -0 ~z 1111= Ill' Illi JI. III il I! ~ I I I I II Ii Agenda Item No. 16C3 September 14, 2010 Pa e 10 of 34 J # i ~ I I " " It It' il P Ii I' I' // it ; \ 1: " " I , ,i 1,1"''' II It ,n.. 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I I I I I I I :~ Enclosures , of these stacked on eachother IpOLYMER CONCRETE BOXES I 111X1BX12 I 170 1/21 I 111X1BX18 / IE2 14 112X12X12 I ~~ ..--...::...... 37 27 113X24X 12 I ~ ~ ""."",;;:> 1106 115 /13 X 24 X 18 I ". 1147 1110 I 117X30X12 I 1162 119 I 117 X30 X 18 I 1172 116 I 117 X 30 X 24 I 1195 lie I /24 X 24 X 12 I 1195 lis I 124 X 24 X 24 I 1218 lis I 124 X 36 X lS I --</.""-"-- 1301 Is 124 X 36 X 24 I 1318 16 'X~_/;. 124 X 36 X 30 I ."- 1364 1/4 I 124 X 36 X 36 I , 1451 114 I >.. ~ /478 /14 I 30 X 48 X 18 .c. ;; l_ .. 30 X 48 X 24 I 535 13 1 30 X 48 X 30 703 12 I 130 X 48 X 36 1 1745 112 I 130 X 48 X 48 I 1753 /II I I 36 X 60 X 18 FRP ONLY I 136 X 60 X 24 I 1764 /12 I 136 X 60 X 36 I 11056 112 I 136 X 36 X 24 FRP 1 1322 113 I 136 X 36 X 30 FRP I 1327 112 I 136 X 36 X 36 FRP I 1332 112 I !FIBERGLASS BOXES - TAPERED BOX .- - I 113X24X18 I 1111 118 I /17 X 30 X 18 ---1 1124 1110 I 117 X 30 X 24 I 1129 1110 I 124X36X 18 I 1261 lie I 124 X 36 X 24 I 1271 116 1 I I http://www.tcamgalloway.com/3col_enclosurcs.php Agenda Item No. 16C3 Septembepa4e~dP4 Page 1'5 of 34 EXHIBIT I Agenda Item No. 16C3 September 14, 2010 Page 16 of 34 PARTIAL RELEASE OF EASEMENT THIS PARTIAL RELEASE OF EASEMENT is made this _ day of , 2010 by 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 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter refelTed to as "CCWSD"). WITNESSETH: WHEREAS, CCWSD is the holder of that certain Utility Easement by and between . Citygate Development, LLC 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 Watei~Sewer District, recorded on January 13, 2006 in Official Records Book 3965, Page 2873 of the Public Records of Collier County, Florida (hereinafter referred to as the "Easement") encumbering the premises legally described therein; and WHEREAS, CCWSD is agreeable to releasing a certain parcel contained in the Easement, said parcel being legally described in Exhibit "A," attached hereto and incorporated herein by virtue of this reference, and labeled therein as "Parcel P-Sitel." NOW THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, CCWSD does hereby relinquish, abandon and release all of its rights and interest in said Easement as it relates to Parcel P-Sitel as described in Exhibit "A"; provided, however, said Easement shall otherwise remain in full force and effect except as to the released parcels, rN WITNESS WHEREOF, CCWSD has caused these presents to be executed by the Board of County Commissioners, acting through its Chairman, the day and year aforesaid. ATTEST: DWIGHT E, BROCK, Clerk 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-DISTRICT DISTRICT By: By: Fred W. Coyle, Chairman Approved as to form and legal sufficiency By: Jennifer White, Assistant County Attorney I EXHIBIT ..' ,1 'f it :~ i II ! 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Q z "'o~;:J"'''' 1:1"' .'~ 52 ~ 0 b~ ~a ~ ~ ~~~~ ~~ ? !;I ~ :;)jI: 'Ul 120 fTl ...i.... .. '" .. z Agenda Item No. 16C3 September 14, 2010 ge 17 of 34 .. .. .. o :;g z~ 0:= >-fo >"l 000 ~~ ~! <5 :z: ~Ul :0 II _0 00 ~ I EXHIBIT \' r ;-1 '- Agenda Item No. 16C3 September 14, 2010 Page 18 of 34 RELEASE OF EASEMENT THIS RELEASE OF EASEMENT is made this _ day of , 2010 by 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 3301 Tamiami Trail East. Naples, Florida 34112 (hereinafter referred to as "CCWSD"). WITNESSETH: WHEREAS, CCWSD is the holder of that certain Utility Easement by and between CG II, LLC 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, recorded on January 13, 2006 in Official Records Book 3965, Page 2891 of the Public Records of Collier County, Florida (hereinafter referred to as the "Easement"), encumbering the premises legally described therein as "Parcel P-Site 2"; and WHEREAS, CCWSD is agreeable to releasing the Easement. NOW THEREFORE, in consideration ofTEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, CCWSD does hereby relinquish, abandon and release all of its rights and interest in the Easement. IN WITNESS WHEREOF, CCWSD has caused these presents to be executed by the Board of County Commissioners, acting through its Chairman, the day and year aforesaid. A TIEST: DWIGHT E. BROCK, Clerk 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-DISTRICT DISTRICT By: By: Fred W. Coyle, Chairman Approved as to form and legal sufficiency By: Jennifer White, Assistant County Attorney EXHIBIT I \ 'c // e.. 66.f i.f if it!' ~ iJf; JiIi Un illi it :~ 0 ill ~ :9 g ;i ~ t:l:f a:" 0 ~i ~ 0'" Ero :!il ~ si n Co 0 ~~ ~ 6g ;::( sa ("') ~z 0 : ~ ~ ~ ~ 0 :z: P.I ffl ~ ~ Ul tzj::08 '"t:l::Ot'=j~ ~~e:r: ~t'=j~n >>0 o-it-'C::: Is:: Z g ~ OQc:..... ~~n~a;:;J'Vxt ""J"I'Ir'I"'-Ib~n !il!i:~2<~~~ UI::Jg~ij,.ta~ C;!:ll!!~ &:0'- ~b~"'~~~' ~"'~~~n::!"'~ ;!:coUic: c .. ~"'8"" - ;g~U)i!:~ '- ~o~:;?il l\t~oC;:'::'" . r'"" .." 2: to Z () ~ 2",0 l " "''''ill ~ G... ~\ :2% :It ~o ) \ ; ~ ! I I I ~ I \. \ ~ '. , ' \ " , " .', \ ....\ -~\.~\ \. \<,:'o(:i!~ !::'f: ;.....". \(Q yo " ...!.. 'F" /..'X. . 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P .....!:l!:l ., N ....... - "'Ill" (") C ~ ..___ ~~~~Q~& ~O ~g~ .. 0 z::l...~lfj:Z:" i'" (5 ,., )> s ~ ~ ~;;''1cl)l!:l~''::: z~'" r 0 z g :r c:> ,., Ill.... n" . 1"1 III ... ui....,o5:n S::I .... .. 0" ... ::I'" - .,0 '" ... g 2 li!Z~nt~ ",2; ::j .. ~ ?i ... !:l 2 i? ~Jl: ... a .. "' ~ ...l::j:!l... .. ~ o '" ~ Q n ~ ~.gll"l -t... t ill '" "l ... .. "'ll nO to . a :!l ~cog~f E! .. 9 ::... i1 ~Ol: l1._% o i: . -.. _fW\ .., _ Pl~1i z:~ ...(1t ~ ill ..g",,,,,,,.,~:; ~ . .:!r;:~E i'i .., i5 !!!g ~." GO Sj! ) I \ . ) l \ ) ... ;. ... . '" . Ut Agenda Item N ~: 3965 PG: 2893 St''fttember 1~-,1~~6 ..... ..,.~:* Page 19 of 34 0' ~I ~ _ 8: ~ n- -J I ~ ~~ n o ()i! 0 I : ~S II:: I :' n~ II:: I : ~i t'=j I '" c:z Z I :;;...~!lln ... %"'o!;l!j I )Ioo~n"'a:: r ~~g~!;I!j I .:;~.!":" ~ I I I ,..... "1:1()() ~~~ mcal"'Jc) .....0::0> .....0. o-i Z~"I:1t'=j t:1 ~ ~ () $': Ul~O "I:1t'=j >0 QZ::O tzjt'=jO en tzj ( ~~ ~ r ~ ~ ~ \. \ l ~~lli ;1 ~.~ s~ !~ 'Z. :z:~ 0::1: '"' >~ CIlt:l ~~ ~ ~ -. lit -0 II .... _0 00 o Agenda Item No. 16C3 September 14, 2010 Page 20 of 34 UTILITY EASEMENT THIS EASEMENT, made and entered into this _ day of ,2010 by 850 NWN, LlC, a Florida limited liability company. whose mailing address is 9010 Strada Stell Court, Suite 207. Naples, Florida 34109 (hereinafter referred to as "Grantor"), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FlORIOA, 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 3301 Tamfami Trail East, 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 or assigns. WIT N E SSE T 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 for utility, access and maintenance purposes, on the following described lands located in Collier County. Florida, to wit: Said lands are legally described in Exhibit "A" attached hereto and incorporated herein by reference, and labeled therein as "Corrected Parcel P-Site 1 Easement." Subject to easements, restrictions and reservations of record. This is not homestead property. TO HAVE AN D TO HOLD the same unto the Grantee together with the right to enter upon said lands, excavate, and place or remove materials, including but not limited to, water lines and pipes, well pumps and raw water wells, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, reconstructing, maintaining, repairing, operating and relocating within the easement area utility facilities under, on, above and through the easement area shown on Exhibit "A. N The easement granted herein shall constitute easements running with the land and shall burden the lands described above. EXHIBIT 1 j D P4.~ ( lor! Agenda Item No. 16C3 September 14, 2010 Page 21 of 34 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witness (Signature) Name: (Print Name) 850 NWN, LLC, a Florida limited liability company By: Joseph R. Weber, Vice President 159 S. Main Street, Suite 500 Akron, Ohio 44308-1300 . Witness (Signature) Name: (Print Name) STATE OF COUNTY OF The foregoing Utility Easement was acknowledged on this _ day of ,2010 by Joseph R. Weber, Vice President, on behalf of 850 NWN, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: Approved as to form and legal sufficiency: By: Jennifer White, Assistant County Attorney EXHIBIT I ....f;~ )..-.t31 2 U A" Agenda Item No. 16C3 Se tember 14 2010 Page 22 of 34 LEGAL DESCRIPTION P-SITE 1. RAW WATER WELL EASEMENT A PARCEL OF LAND LYING IN AND BEING A PORTION OF LOT 4, CITY GATE COMMERCE CENTER, PHASE TWO, AS RECORDED IN PLAT BOOK 49, PAGES 97 THROUGH 100, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARY DESCRIBED AS FOLLOWS:. COMMENCING AT THE NORTHWEST PROPERTY CORNER OF SAID LOT 4, CITY GATE COMMERCE CENTER, PHASE TWO; THENCE N. 89'13'0'" E. ALONG THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 95.93 FEET; THENCE LEAVING SAID NORTH LINE; S, 00'46'59" E.. A DISTANCE OF 30.00 FEET, TO THE POINT OF BEGINNING; THENCE N 89"3'0'" E. AND PARALLEL WITH THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 40.00 FEET; THENCE S. 00'46'59" E. A DISTANCE OF 21.00 FEET; THENCE S, 89'13'0'" W. A DISTANCE OF 40.00 FEET; THENCE N. 00'46'59" W. A DISTANCE OF 21.00 FEET, TO THE POINT OF BEGINNING. HAVING AN AREA OF 840.00 SQUARE FEET. EXHIBIT \\ page-3--of "::l, Agenda Item No. 16C3 September 14,2010 Page 23 of 34 ACCESS EASEMENT THIS EASEMENT made and entered into this _ day of , 2010 by 850 NWNt LLCt whose mailing address is 901 0 Strada Stell Court, Suite 207, Naples, Florida 34109, (hereinafter referred to as "Grantor"), to the BOARD OF COUNlY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY W ATER- SEWER DISTRICT, its successors and assigns. whose mailing address is 3301 Tamiami Trait East. 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 or assigns, WI1NESSETII: 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, easement for access purposes, including vehicles on, over and through the following described lands located in Collier County. Florida, to wit: Said lands are legally described in Exhibit "I' attached hereto and incorporated herein by reference, and labeled therein as "Access Easement by Parcel P.Site 1." Subject to easements, restrictions and reservations of record. This is not homestead propcrty, TO HA VE AND TO HOLD the same unto the Grantee together with the right to enter upon said lands for the purpose of maintaining, repairing and operating utility facilities, The easement granted herein shall constitute easements running with the land and shall burden the lands described above. EXHIBIT J .'- OJr !::fer:;- Agenda Item No. 16C3 September 14, 2010 Page 24 of 34 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written, Witness (Signature) Name: (Print Name) 850 NWN, LLC a Florida limited liability company Witness (Signature) Name: (Print Name) By: Joseph R. Weber, Vice President 159 S. Main Street. Suite 500 Akron, Ohio 44308-1300 STATE OF COUNTY OF Sworn to and subscribed before me on this _ day of , 2010 by Joseph R. Weber, Vice President, on behalf of 850 NWN, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: Approved as to form and legal sufficiency: By: Jennifer White, Assistant County Attorney EXHIBIT I Agenda Item No. 16C3 September 14, 2010 Page 25 of 34 "1 ~ LEGAL DESCRIPTION P-SITE 1, ACCESS EASEMENT A ?ARCEL OF LAND LY1NG IN AND BEING A PORTION OF LOT 4, CITY G,'\TE COMMERCE CENTER, PHASE TWO, AS RECORDED 1I'-l PLli,T BOOK 49, PAGES 97 THROUGH '00, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA., BEiNG MORE PARTiCULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST PROPERTY CORNER OF SAID LOT 4, CITY GATE COMMERCE CENTER, PHASE TWO; THENCE N. 89'13'01" E. ALONG THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 81.93 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE N 89'1 :)'01" E. A DISTANCE OF 70.00 FEET; THENCE LEAVING SAID NORTH UNE, S. 00'46'59" E. A DISTANCE OF 10,00 'FEET; THENCE S. 89'13'0'" W. A DISTANCE OF ?O.OO fEET; THENCE N. OQ'46'59" W. A DiSTANCE OF 1000 FEET, TO THE POINT OF BEGINNING. H~VING AN AREA OF 700.00 SOUARE FEET. EXHIBIT I e _._~--. I I I t i Agenda Item No. 16C3 September 14, 2010 Page 26 of 34 UTILITY EASEMENT THIS EASEMENT, made and entered into this _ day of , 2010 by CG 11, LLC, a Florida limited liability company, whose mailing address is 159S.Main Street, Suite 500, Akron, Ohio 44308-1300 (hereinafter referred to 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 3301 T amiami Trail East, 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 or assigns. WIT N E S S ET 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 for utility, access and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: Said lands are legally described in Exhibit "A" attached hereto and incorporated herein by reference, and labeled therein as "Corrected Parcel P-Site 2 Easement." 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, excavate, and place or remove materials, including but not limited to, water lines and pipes, well pumps and raw water wells, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing. reconstructing. maintaining, repairing, operating and relocating within the easement area utility facilities under, on, above and through the easement area shown on Exhibit "A.- The easement granted herein shall constitute easements running with the land and shall burden the lands described above. EXHIBIT 1 I it Agenda Item No. 16C3 September 14, 2010 Page 27 of 34 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witness (Signature) Name: (Print Name) CG II, LLC, a Florida limited liability company By: Joseph R. Weber, Vice President 159 S. Main Street, Suite 500 Akron, Ohio 44308-1300 Witness (Signature) Name: (Print Name) STATE OF COUNTY OF The foregoing Utility Easement was acknowledged on this _ day of , 2010 by Joseph R. Weber, Vice President, on behalf of CG II, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC SerialfCommission #: My Commission Expires: Approved as to form and legal sufficiency: By: Jennifer White, Assistant County Attorney EXHIBIT I~ 4' J- 2 "f\\\ Agenda Item No. 16C3 Page 28 of 34 LEGAL DESCRIPTION P-SITE 2, RAW WATER WELL EASEMENT A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 35. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF CITY GATE COMMERCE CENTER, PHASE TWO, AS RECORDED IN PLAT BOOK 49, PAGES 97 THROUGH 100, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N. 89.13'01" E. ALONG THE NORTH LINE OF SAID SECTION 35. A DISTANCE OF 478.12 FEET; THENCE LEAVING SAID NORTH LINE; S. 00'46'59" E. A DISTANCE OF 30.00 FEET, TO THE POINT OF BEGINNING; THENCE N 89'13'01" E. AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 35, A DISTANCE OF 44,00 FEET; THENCE S, 00'46'59" E. A DISTANCE OF 21.00 FEET; THENCE S. 89.13'01" W. A DISTANCE OF 44.00 FEET; THENCE N. 00'46'59" W. A DISTANCE OF 21.00 FEET. TO THE POINT OF BEGINNING. HAVING AN AREA OF 924.00 SQUARE FEET. EXHIBiT L Page ~ of ~ Agenda Item No. 16C3 September 14, 2010 Page 29 of 34 ACCESS EASEMENT THIS EASEMENT made and entered into this _ day of , 2010 by CG II, LLC, whose mailing address is 159 S,Main Street, Suite 500, Akron, Ohio 44308-1300. (hereinafter referred to 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 W A TER- SEWER DISTRICT, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee"). Wherever used herein the terms "Grantor" and "Grantee" include aU 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, a perpetual, non-exclusive, easement for access purposes, including vehicles on, over and through the following described lands located in Collier County, Florida, to wit: Said lands are legally described in Exhibit "}' attached hereto and incorporated herein by reference, and labeled therein as "Access Easement by Parcel P-Site 2." Subject to easements, restrictions and reservations of record. This is not homestead property. TO HA VE AND TO HOLD the same unto the Grantee together with the right to enter upon said lands for the purpose of maintaining, repairing and operating utility facilities. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. EXHIBIT j .3 Agenda Item No. 16C3 September 14, 2010 Page 30 of 34 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witness (Signature) Name: (Print Name) Witness (Signature) Name: (Print Name) STATE OF COUNTY OF CG II, LLC a Florida limited liability company By: Joseph R Weber, Vice President 159 S. Main Street, Suite 500 Akron, Ohio 44308.1300 Sworn to and subscdbed before me on this _ day of , 2010 by Joseph R. Weber, Vice President, on behalf of CO II, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification. (affix notarial seal) Approved as to form and legal sufficiency: By: . _ . Jennifer White, Assistant County Attorney (Signature of Notary Public) (Print Name of Notary Public) NOT AR Y PUBLIC Serial/Commission #: My Commission Expires: EXHIBIT I b tot- ,"0 r-'] Agenda Item No. 16C3 September 14, 2010 Page 31 of 34 \\1 jl LEGAL DESCRIPTION P-SITE 2, ACCESS EASEMENT A PARCEL OF LAND LOCATED IN A PORTION OF SECTION .35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICUU.RLY DESCRIBED A.S FOLLOWS: COMt.....mCING AT THE NORTHEAST CORNER OF CITY GATE COMMERCE CENTER, PHASE TWO, AS RECORDED IN PLAJ BOOK 49, PAGES 97 THROUGH 100, IN THE PUBLIC RE:CORDS OF COLLIER COUNTY, FLORIDA: THENCE N. 89'13'0'" E.' A_ONG THE NORTH liNE OF SAID SECTION .35, A DISTANCE OF <164.05 FEET, TO THE POINT OF BEGINNiNG; THENCE CONTINUE N 89'13'01" E. A DISTANCE OF 70.00 FEET; THENCE LEAVING SAID NORTH LINE, S. 00'46'59" E. A DiSrA.NeE OF , 0.00 FEET; THENCE S. 89.13'0'" W. A DISTANCE or 70.00 FEET; :HENCE N. 00.46'59" W. A DISTANCE OF 1 a.oo FEET, TO THE PO:NT OF 8EGINNING. HAVING AN AREA OF 700.00 SOUARE FEn. EXHIBIT I 6- 3 of- 3> , .__-----i ~ll~t:! ::.P. 158 ,~ NN ::;::;:..ii i)- -~'" ~Q~KI ~ co ~I ~ 5 q (') ~ C) ~ <t l."".l C111c:l 'l) 0 iZ c:: ~ ~ ~ ~ .. ~ ~ ~I z -0 ~ ftj, ~ <t CII ... ~ !!! \0) .. ~ ~ . J ___ I -- ~ " .......'" N - - I II -l-r------ I . I ~ ~ _____...J II ~ "t 111 I IS 5 ~ I . I I II I I I . r J.bO' . (-, \.. ,___--"'l /---- j''''-''' !;I!:i "'i'" ~~~I ~!'1~ ~~l:l~ ,,~.. .. ~ .:'" =:\ I r~ ~ ,"" ~ " I.'b~i~ ~ ,~~...,rt ~ ~~:J .., I'l I . .. ? I I b S I'l I '- "0' I I I I m~~~~' .;i~~ e !'\ . 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Dewatering, if necessary Removal and/or replacement of unsuitable materials (Le. muck, metal, etc.) The risk of a rise in material costs, import fill, baserock, asphalt and concrete prices, Does not include 6" of limerock ontop of compacted road stablizer Total $85,400.00 >:)