Backup Documents 02/26/2013 Item #16A 2ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16A2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
Route to Addressees (List in routing order)
Office
Initials
Date
1. County Attorney Office
County Attorney Office
Initial
Applicable)
Agenda Date Item was
02/26/2013 V
Agenda Item Number
a acs � 3
2. BCC Office
Board of County
130" 074t
S
Type of Document
Commissioners
Number of Original
One
3. Minutes and Records*
Clerk of Court's Office
Documents Attached
PO number or account
Do NOT record document.
,�yra�uv�e�
*Please scan in BMR Real Property folder for US 41 /Collier Blvd. Intersection Improvements (Project No.
60116.) Thank you.
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above, may need to contact staff for additional or missing information.
Name of Primary Staff
Robert Bosch, ROW Coordinator, Tpt. Eng.
Phone Number
252 -5843
Contact / De artment
appropriate.
Initial
Applicable)
Agenda Date Item was
02/26/2013 V
Agenda Item Number
16A2
Approved by the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
130" 074t
S
Type of Document
Agreement
Number of Original
One
Attached
Original document has been signed/initialed for legal sufficiency. (All documents to be
Documents Attached
PO number or account
Do NOT record document.
number if document is
by the Office of the County Attorney.
to be recorded
All handwritten strike - through and revisions have been initialed by the County Attorney's
N/A
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
Initial
Applicable)
1.
Does the document require the chairman's original signature?
2.
Does the document need to be sent to another agency for additional signatures? If yes,
130" 074t
S
provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4.
All handwritten strike - through and revisions have been initialed by the County Attorney's
N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
A
document or the final negotiated contract date whichever is applicable.
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
,, n
signature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware f your deadlines!
8.
The document was approved by the BCC on 2/26/13 nd all changes made during the
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
9.
of attorney verifying that the attached document is the version approved by the
1Initials
BCC, all changes directed by the BCC have been made, and the document is ready for th
Chairman's signature.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
16A2
PROJECT: US 41 /Collier Blvd. Intersection Improvements
(Project No. 60116)
PARCEL Nos.: 104FEE /104TCE
FOLIO No: 00726720402
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into on this 2L�'f'I'Rday of , 2013, by and between
the BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX- OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY WATER - SEWER DISTRICT,
whose mailing address is 3335 Tamiami Trail East, Suite 101 Naples, Florida 34112
(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 fee estate in that land described in Exhibit "A"
(hereinafter referred to as the "Property"), attached hereto and made a part of this
Agreement; and
WHEREAS, County requires a Temporary Construction Easement to provide for a
continuous transition between the existing driveway and the newly constructed road,
sidewalk and drainage improvements proposed as a part of the US 41 / Collier
Boulevard Intersection Improvement Project over, under, upon and across that land
described in Exhibit "B" (hereinafter referred to as the "TCE "), attached hereto and
made a part of this Agreement. County guarantees daily access to Owner's remainder
Property throughout construction; and
WHEREAS, Owner desires to convey the Property and the TCE to County for the
stated purposes, on the terms and conditions set forth herein; and
WHEREAS, County has agreed to compensate Owner for conveyance of the
Property, and Owner recognizing the non - monetary benefit to Owner resulting from a
smooth transition between Owner's existing driveway and the new roadway, has agreed
to convey the TCE to County for the stated purposes and for no compensation.
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. The purchase price (the "Purchase Price ") for the Property shall be Fifty -Nine
Thousand Two Hundred Fifty ($59,250.00) (U.S. Currency) payable at time of
closing (said transaction hereinafter referred to as the "Closing "). Said payment
to Owner, payable by Inter - Governmental Transfer, shall, together with the
payment provided for in paragraph 5, be full compensation for the Property
conveyed, including all landscaping, trees, shrubs, improvements, and fixtures
located thereon, and shall be in full and final settlement of any damages resulting
to Owner's remaining lands, costs to cure, including but not limited to the cost to
remove and /or relocate any improvements and all other damages in connection
with conveyance of said Property to County, including all attorneys' fees, expert
witness fees and costs as provided for in Chapter 73, Florida Statutes. As
provided in Section 9.03.07D of the Collier County Land Development Code and
the e-mail dated December 3, 2012 from the zoning manager, the remainder
Property shall not be negatively affected until redevelopment.
Page 2
3. Owner shall convey a marketable title to the Property, free of any liens,
encumbrances, exceptions, or qualifications. Marketable title shall be determined
according to the applicable title standards adopted by the Florida Bar and in
accordance with law. Prior to Closing and as soon after the execution of this
Agreement as is possible, Owner shall provide County with the following
documents and instruments properly executed, witnessed, and notarized where
required, in a form acceptable to County (hereinafter referred to as "Closing
Documents "):
(a) Statutory Deed;
(b) Temporary Construction Easement;
(c) Closing Statement;
(d) W-9 Form, if required; and
(e) All other documents required to consummate this transaction, as
reasonably determined by County, County's counsel and /or title
company.
4. 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 Closing Documents, 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. At Closing, payment shall
be made to Owner in that amount shown on the Closing Statement as "Net Cash
to the Seller." County shall be entitled to full possession of the Property at
Closing.
5. Owner agrees to remove all landscaping, trees, shrubs, improvements, fixtures,
and facilities located on the Property by no later than September 1, 2013 without
any further notification from County, with the exception of the utility infrastructure
to remain within the right -of -way. Owner assumes full responsibility for such
removal and, to the extent permitted by law, holds County harmless for any and
all possible damage in the event owner fails to remove foresaid items prior to
September 1, 2013. In particular and without derogating from the generality of the
foregoing, Owner shall remove from the Property the facilities specified in Exhibit
"C ", attached hereto and made a part hereof. County shall reimburse Owner for
all costs associated with the removal of the facilities specified in Exhibit "C" and
their relocation or replacement on Owner's remaining lands, including engineering
design, construction and inspection, and permitting costs, which amount shall be
set forth in a proposal obtained from an approved County vendor under current
contract with the County. Owner shall have the reasonable right to enter upon the
Property after closing for these purposes.
All Improvements not removed from the Property prior to commencement of
construction of the project shall be deemed abandoned by Owner, with the
exception of the utility infrastructure to remain within the right -of -way.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. The term of this TCE shall commence upon the issuance of County's official
Notice to Proceed to its roadway contractor for the construction of the US 41 /
Collier Boulevard Intersection Improvement Project, and shall automatically
terminate three years therefrom.
7. 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.
16A2
Page 3
8. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the
Property and the TCE, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and
the 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 a deed to the said Property and a Temporary
Construction 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 party or person other than County has any right or option to acquire
the Property 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, the TCE or any rights therein, nor enter into any
agreements granting any person or entity any rights with respect to the
Property or the TCE, without first obtaining the written consent of
County to such conveyance, encumbrance, or agreement which
consent may be withheld by County for any reason whatsoever.
County hereby Consents to Owner entering into agreements with
approved County vendors in order to comply with its obligations under
Paragraph 5 above.
(e) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Property
or the TCE.
(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 Property or the TCE or which adversely
affect Owner's ability to perform hereunder; nor is there any other
charge or expense upon or related to the Property or the TCE 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 to
change from its existing state on the effective date of this Agreement
up to and including the date of Closing other than those set forth in
Paragraph 5 above. Therefore, Owner agrees not to enter into any
contracts or agreements pertaining to or affecting the Property and not
to do any act or omit to perform any act which would adversely affect
the physical condition of the Property or its intended use by County
other than those set forth in Paragraph 5 above.
9. County shall pay all fees to record any curative instruments required to clear title,
and all Statutory Deed and Temporary Construction Easement recording fees.
10. 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.
Page 4
11. Conveyance of the Property and the TCE 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 consensual
cancellation of this Agreement shall be of any force or effect unless made in
writing and executed and dated by both Owner and County.
12. 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.
13. 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:
�w�ATTEST =
DAOHT E.-A K, CLERK
f
Clerk
5 inzatur0.
AS TO OWNER:
DATED: 3 I L I l
ATTEST:
DWIGHT E. BROCK, CLERK
'Attesta5;fio G W`� Clerk
Approved as to form and
legal sufficiency:
milt' R. P pin (P 112,
Assistant ounty Attorney
BOARD COUNTY OMMISSIONERS
COLLIECOWNTYFLORIDA
BY:
, Esq.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER
COUNTY AND S EX- OFFICIO THE
GOVER NG BO RD OF THE COLLIER
COUWWATE -SEWER DISTRICT
BY:
Hiller, Esq.
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N04' 1 1'07"E
116.01'
104FEE
4,938 SF
EXISTING RW ---'
UNPLATTED
UNITED TELEPHONE COMPANY
OF FLORIDA
OR 1233, PG 1742
FOLIO NO. 00726680005
S89' 15'56 "E
45.41'
S03'46'45"W
2.74'
N89'50'40"W
1.44'
UNPLATTED
S05'33'04"W COLLIER COUNTY
113.11' OR 1663, PG 289
FOLIO NO. 00726720402
N89'43'38"W
41.31'
UNPLATTED
KRG 951 do 41, LLC
OR 4167, PG 801
FOLIO NO. 00726721809
J�
I
FEE SIMPLE
LEGAL DESCRIPTION - PARCEL 104FEE INTEREST
EXHIBIT "A"
LEGEND
RW - RIGHT —OF —WAY
OR - OFFlCIAL RECORDS BOOK
PB - PLAT BOOK
PG - PAGE
POS = POINT OF BEGINNING
NO. NUMBER
S.R. STATE ROAD
AKA ALSO KNOWN AS
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1663, PAGE 289 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE S89'15'56"E FOR 45.41 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL
RECORDS BOOK 1663, PAGE 289;
THENCE LEAVING SAID NORTHERLY BOUNDARY S03'46'45W FOR 2.74 FEET;
THENCE N89'50'40"W FOR 1.44 FEET;
THENCE S05'33'04"W FOR 113.11 FEET;
THENCE N89'43'38W FOR 41.31 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL
RECORDS BOOK 1663 PAGE 289;
THENCE N04'11'07 "E FOR 116.01 FEET ALONG THE EASTERLY RIGHT —OF —WAY LINE OF S.R. 951, TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 4,938 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
TECM - ROW
JUN 15 2012
MICHAELPA. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
Jw 4 2012 10:14 AY e! \2" \o#ooel.00.00 US41 t CrH3t bWW"6l4n Nq,..p."ft Ana C"31 MR \rant Plen. \M 1— Swwr \57rhe Ana O..er(r17.M \TCL —RW ft. 02\W0- 104FE[.a..
PROJECT: U.S.41 /C.R.951/S.R.951
SKETCH AND LEGAL DESCRIPTION
y wdm
PARCEL 104FEE: RIGHT —OF —WAY 68 1
0 Wow Perk Drivr. Sute 200
PREPARED FOR: COUM COUNTY GOVERNiWNT /BOARD OF COUNTY COMMISSIONERS 7-0 75 F X109
Phone: FAX: (238) 597 -0578
LB No.: 6952
JOB NUMBER REVISION I SECTION TOWNS -iIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
090081.00.1 1 3 51 S 26E i " = 80' 3/13/12 R.A.K. I SKD_ 104FEE 1 O 1
It
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Cs)
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16A2
EXHIBIT "B"
UNPLATTED
UNITED TELEPHONE COMPANY
OF FLORIDA
OR 1233, PG 1742
3 FOLIO NO. 00726680005
UNPLATTED
COLLIER COUNTY
OR 1663. PG 289
58426'56 "E FOLIO NO. 00726720402
5.00' 104TCE
N05'33'04 "E 100 SF
20.00' S0533'04W
POB 20.00'
' N84'26'56"W
POC
5.00'
S8_9'43 38 "E I
41.31' N0533'04 "E
17.20'
DOSTWG RW `
UNPLATTED
KRG 951 & 41, LLC
OR 4167, PG 801
FOLIO NO. 00726721809
LEGAL DESCRIPTION - PARCEL 104TCE
LEGEND
RW = RIGHT —OF —WAY
OR = OFFICIAL RECORDS BOOK
PB = PLAT BOOK
PG = PAGE
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
NO. = NUMBER
S.R. = STATE ROAD
AKA ALSO KNOWN AS
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1663, PAGE 289 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE 589'43'38 "E FOR 41.31 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL RECORDED IN OFFICIAL
RECORDS BOOK 1663, PAGE 289;
THENCE LEAVING SAID SOUTHERLY BOUNDARY, N05'33'04 "E FOR 17.20 FEET, TO THE POINT OF BEGINNING OF THE
PARCEL DESCRIBED HEREIN;
THENCE N05'33'04 "E FOR 20.00 FEET;
THENCE S84'26'56 "E FOR 5.00 FEET;
THENCE S0533'04"W FOR 20.00 FEET;
THENCE N84'26'56W FOR 5.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
MICHAEL A.
TEMPORARY TECM - ROW
CONSTRUCTION EASEMENT JUN 15 2012
DURATION 3 YEARS.
PROFESSIONAL LAND SURVEYOR LSD! 5301
L
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
iw. a 291z ar• ,w wr \2090 \0M0i.aaoo rwr ♦ caaor +�t«...ae" Yr�rs,.,,,a„ti •ne aesr araY \aOi vw. \Po r-
swNr\sM.rrA And O"wWdmw \TC[ —aw 16v 02\au9_1047nf�
PROJECT: U.S.41/C.R.951/S.R.951
SKETCH AND LEGAL DESCRIPTION
PARCEL 104TCE: TEMPORARY CONSTRUCTION EASEMENT
PREPARED FOR: COLLIER COUNTY GOVERNMENT /SDARD OF COUNTY COiNSSIONERS
JOB NUMBER R: v!SiU ^v SECTION I TOWNSHIP RANGE SCALE
90081.00.00 1 3 51S 26E 1. = 40'
KWAViii iW dm
=limift
8810 WMbw Pak Drlw, Suits 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 5974578
L8 No.: 8952
DATE DRAWN BY FILE NAME Sr.FFT
13/12 R.A.K. SKD_104TCE 1 1
16A2
EXHIBIT "C"
1. Gate
2. Retaining wall with fence
3. Stormwater discharge assembly (including motor actuated valve)
4. Piping modifications
5. Relocation of water service assembly (including backflow preventer)
6. Irrigation system
7. Site Modifications
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 3
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Of ic(I
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
* *NEW ** ROUTING SLIP
Complete routing lines #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already comple it6
A..ti. ,.fthe Chair nos cianahva Ar— a fine thrnnah rnntino lines # 1 thrnn¢h 42_ comnlete the checklist. and forward to the Countv Attorney Office.
Route to Addressees (List in routing order)
Office
Initials
Date
1. County Attorney Office
County Attorney Office
(Initial)
31 13
2. BCC Office
Board of County
Commissioners
Gil i
J
3. Minutes and Records*
Clerk of Court's Office
A
*Please scan in BMR Real Property folder for US 41 /Collier Blvd. Intersection improvements (rroject No.
60116.) Thank you.
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created /prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above mqv need to contact staff for additional or missing information.
Name of Primary Staff
Robert Bosch, ROW Coordinator, Tpt. Eng.
Phone Number
252 -5843
Contact / Department
appropriate.
(Initial)
Applicable)
Agenda Date Item was
02/26/2013
Agenda Item Number
16A2
Approved by the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
A
Type of Document
Deed
Number of Original
One
Attached
ak D tb
Documents Attached
PO number or account
Do NOT record.
number if document is
by the Office of the County Attorney.
to be recorded
All handwritten strike - through and revisions have been initialed by the County Attorney's
N/^
INSTRUCTIONS & CHECKLIST
_D__
Nofi on � dr- ;iv)1S is
4Ved purSUA►tit r�Pm*'
�wru�a c e
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 24.05; Revised 11/30/12
th I A 2
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Does the document require the chairman's original signature?
2.
Does the document need to be sent to another agency for additional signatures? If yes,
A
provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
.two
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4.
All handwritten strike - through and revisions have been initialed by the County Attorney's
N/^
Office and all other parties except the BCC Chairman and the Clerk to the Board
/7
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
N
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8.
The document was approved by the BCC on enter date) and all changes made
during the meeting have been incorporated in th attached document. The County
Attorney's Office has reviewed the changes, if applicable.
9.
Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made, and the document is ready for the
Chairman's signature.
_D__
Nofi on � dr- ;iv)1S is
4Ved purSUA►tit r�Pm*'
�wru�a c e
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 24.05; Revised 11/30/12
th I A 2
TRANSPORTATION ENGINEERING DEPARTMENT
INTEROFFICE MEMORANDUM
TO: Board Minutes and Records DATE: March 4, 2013
FROM: Robert Bosch, ROW Coordinator — ROW Acquisitions (Tel. 252 -5843)
SUBJECT: BCC Meeting February 26, 2013, Item 16A2
Parcels 104FEE & 104TCE (US 41 /Collier Blvd. Intersection Project No. 60116)
Statutory Deed and Temporary Construction Easement
The attached Statutory Deed and Temporary Construction Easement must be recorded in the
Public Records on closing. However, I can only proceed to closing once I have received a fully
executed copy of the Purchase Agreement approved at the above BCC meeting. Please
accordingly HOLD the Statutory Easement and Temporary Construction Easement until
give the go ahead to record. Please en
Agreement so that I can request finance
Project No: 60116
Fund / Cost Center: 336 - 163656
Object Code: 649030
PGRP: TEC
Thank you.
to me a copy of the fully executed Purchase
the closing.
16A.2
Teresa L. Cannon
From: BoschRobert <RobertBosch @colliergov.net>
Sent: Monday, March 18, 2013 12:21 PM
To: Teresa L. Cannon
Subject: RE: Purchase Agreement
Teresa — please go ahead and record the Statutory Deed and Temporary Construction Easement in the Public Records as
your earlierst convenience. Thank you.
Rd V"
Robert M. Bosch
Coordinator - Right of Way Acquisitions
Transportation Engineering Department
Collier County Growth Management Division
2885 South Horseshoe Drive
Naples, FL 34104
Tel.: (239) 252 -5843
Fax: (239) 252-5885
From: BoschRobert
Sent: Wednesday, March 06, 2013 12:43 PM
To: 'Teresa L. Cannon'
Subject: RE: Purchase Agreement
Thank you, Teresa. I won't need a hard copy. I need to arrange finance for a closing. I will let you know when we are
ready to record the Statutory Deed and Temporary Construction Easement.
From: Teresa L. Cannon [mailto• Teresa . Cannon (&colIierclerk.com]
Sent: Wednesday, March 06, 2013 12:31 PM
To: BoschRobert
Subject: Purchase Agreement
Hi Robert,
If you need a hard copy let me know. Also, I will wait to hear from you to record the Statutory Easement and Temp.
Construction Easements.
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
1
16A2
PROJECT: US 41 /Collier Blvd. Intersection
Improvements (Project No. 60116)
PARCEL No.: 104FEE
FOLIO No: 00726720402
STATUTORY DEED
THIS DEED, made this?AL, day of F 2013, by the
BOARD OF COUNTY COMMISSIONERS OF COLLIER COIJNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO GOVERNING
BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, whose mailing
address is 3335 Tamiami Trail East, c/o Suite 101, Naples, Florida 34112 (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 ").
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, successors or assigns.)
WITNESSETH that the Grantor, for and in consideration of the sum of Ten
Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby
acknowledged, does hereby grant, bargain and sell unto the Grantee, the following
described land lying and being in Collier County, Florida:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY NOR IS IT CONTIGUOUS THERETO.
This property was not acquired by the County pursuant to a petition in eminent
domain regarding said property and is not subject to the restrictions imposed by Section
73.013, Florida Statutes
IN WITNESS WHEREOF the said Grantor has caused these presents to be
executed in its name by its Board of County Commissioners acting by the Chairman or
Vice Chairman of said Board, the day and year aforesaid.
ATTEST:
DWIGHT E. BROCK, Clerk
t as to airrrs puty Clerk
Approved as to form and
legal sufficiency:
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTYC AND AS !EX- OFFICIO THE
GOVERNING BOARq OF THE COLLIER
COUN WATERrSENVER DISTRICT
Geo`4a f V, Esq.
Chairwoma
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
PURSUANT TO AGENDA,
DATED: �0 7 tU 1 ITEM NO. I=
This property has been acquired under
#w"t of otwxIo nation and is exempt
from documentary stamp tax.
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EXHIBIT "A"
UNPLATTED
UNITED TELEPHONE COMPANY
OF FLORIDA
OR 1233, PG 1742
FOLIO NO. 00726680005
S89' 15'56 "E 1
45.41' S03'46'45W
2.74' — ._. __�._.....
N89'50'40"W
1.44' ti
UNPLATTED
S05'33'041W COLLIER COUNTY
113.11' OR 1663, PG 289
FOLIO NO. 00726720402
. __ 11t
41.31'
"W
EXISTING RW
UNPLATTED
KRG 951 & 41, LLC
OR 4167, PG 801
I FOLIO NO. 00726721809
LEGEND
RW = RIGHT -OF -WAY
OR OFFICIAL RECORDS BOOK
I
PB s PLAT BOOK
PG = PAGE
POB POINT OF BEGINNING
I
NO. NUMBER
EE SIMPLE
S.R. = STATE ROAD
INTERE ST
=
AKA ALSO KNOWN AS
'',C
LEGAL DESCRIPTION - PARCEL 104FEE
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1663, PAGE 289 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE S89'15'56 "E FOR 45.41 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL
RECORDS BOOK 1663, PAGE 289;
THENCE LEAVING SAID NORTHERLY BOUNDARY S03'46'45"W FOR 2.74 FEET;
THENCE N89'50'40 -W FOR 1.44 FEET;
THENCE S0533'04"W FOR 113.11 FEET;
THENCE N8743'38W FOR 41.31 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL
RECORDS BOOK 1663 PAGE 289;
THENCE N04'11'07 "E FOR 116.01 FEET ALONG THE EASTERLY RIGHT —OF —WAY LINE OF S.R. 951, TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 4,938 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
TECM - ROW
JUN 152012
MICHA�E". WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
dw� 4 2012 10.14 dr R \i�6e \neG6e1.00.OD UStf • Gavel Mwe'WO" M,yro,wnrft Me 01101 /M*\gv=x 0%0—m \vn 1- \SInrWA Ma ONWrylte wr =-W Ra• W \Sly f04FEE.
RMPROJECT: U.S.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRIPTION t
PARCEL 104FEE: RIGHT —OF —WAY 6010 Willow Park Drive. Suite 200
PRSPAM FOR: COWER COUNTY GOVERNMENT /BOARD OF COUNTY COMMISSIONERS Phone: (2391 97- -06775 FAx (20939► 597.0578
LB No.' 0952
JOB NUMBER REVISION SEC f ION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
090081.00.00 1 3 51S 26E 1" = 80' 3 13 12 R.A.K. SKD_104FEE 1 OF 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE LZ 3 i
INSTR 4812964 OR 4897 PG 2759
RECORDED 3/19/2013 8:22 AM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $35.50
PROJECT: US-41 /Collier Blvd. Intersection Improvements 16A2
Project No. 60116
PARCEL: Parcel104TCE
FOLIO: Portion of 00726720402
TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT, is made and entered into this 2L.A\ day of
2013, by the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS
EX- OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER
DISTRICT, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples,
Florida 34112 (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:
That the 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 to the Grantee, a Temporary
Construction Easement as described in Schedules I and II, attached hereto and by
reference made a part hereof:
Upon the completion of the construction of improvements in or adjacent to the
easement area the Grantee shall use its best efforts to restore the surface of the
temporary construction easement area to its pre- existing condition.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
� z
Fr . �puty Clerk
Agatt as to Chairma
Approved as to form and
legal sufficiency:
Asst. County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS / EX- OFFICIO THE
GOVERG OAR OF THE COLLIER
COUNTY WAT RTS�ER DISTRICT
Chairwoman
, Esq.
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY. FLORIDA,
PURSUANT TO ENDA,
DATED: ITEM
NO 6 a
7* poop" ho EMI a *kw under
2 Nt of conderer1stbn end k exempt
from documentary stamp tax.
16A2
Schedule I
(Temporary Construction Easement)
TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS
INCURRED FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF
ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION
OF US 41 AND COLLIER BOULEVARD (TRANSPORTATION INTERSECTION
SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO. 60116)
The following summarizes the interests and rights Collier County (hereinafter "the
County ") shall acquire from the property owners /interest holders (hereinafter
"Owner(s) ") of certain real property and described in the legal description and sketch
( "Schedule II ") and the obligations the County has agreed to comply with in connection
with such easement interests and rights:
1. The area of the easement interests and rights to be acquired by the County are
described and depicted herein and on Schedule II.
2. Schedule II describes and depicts a Temporary Construction Easement ( "TCE ")
area as follows:
a. The County shall have the temporary right and privilege to enter upon the
lands described in Schedule II as a temporary construction easement area
for the purpose of (1) constructing roadway, bikepath and sidewalk
improvements, drainage structures (including but not limited to ditches,
swales, earthen berms, rip -rap and retaining wall systems, underground
pipes, various types of water control structures), and any and all manner
of public and private utility facilities within the public right -of -way; (2)
constructing or modifying driveways, walls, and other structures affected
by the roadway construction but which are not within the public right -of-
way; (3) storage and marshalling of equipment and materials during the
roadway construction project, and (4) demolishing or clearing any
structures, improvements or other features required to be removed in
order to construct the improvements contemplated by the Contract Plans
for Intersection Capacity Improvements for Collier County Project No.
60116, with full authority to enter upon, grade, regrade, excavate or
otherwise construct such improvements as are necessary for the
construction of the Project, any improvements depicted in Schedule II, and
for restoring the temporary construction easement area.
b. All the TCE rights and privileges granted herein shall commence on the
day the easement rights are vested in the County through agreement,
court order, or operation of law and end three (3) years after that date.
c. Throughout the duration, the County has the right and authority to remove
and dispose of dirt, rocks and vegetation within the temporary construction
easement area. To the extent damage or loss results from use of the TCE
by the County, its agents or contractors, County shall compensate
Owner(s) for any damage or loss remaining at the end of the of term of
this TCE.
3. Owner(s), their heirs, successors and assigns may continue to use the TCE area
for any lawful purposes that do not directly interfere with the County's acquired rights;
provided, however, that Owner(s), their heirs, successors and assigns shall not
Schedule I - Page 1 of 2
16A2
construct nor permit to be constructed any building, structure, excavation or other
improvement or obstruction, on, over, under, above, across, within or through the TCE
area (for as long as it shall exist) which may interfere with the County's construction of
the improvements as depicted in the Contract Plans for Intersection Capacity
Improvements for Collier County Project No. 60116 or which would otherwise directly
interfere with the exercise by the County of its acquired easement rights, including
ingress to and egress from the TCE area (for as long as it shall exist).
Schedule I - Page 2 of 2
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S05'33'04"W
V) POB 20.00'
i N84'2
6'56"W
POC S89-43.38 "E 5.00'
1.1' 43
N05'33'04 'E
17.20'
EXISTING RW
UNPLATTED
KRG 951 & 41, LLC
OR 4167, PG 801
FOLIO NO. 00726721809
LEGAL DESCRIPTION - PARCEL 104TCE
UNPLATTED
UNITED TELEPHONE COMPANY
OF FLORIDA
_ OR 12.33, PG 1742
10726680005
SCHEDULE II
Page 1 of 1
UNPLATTED
COLLIER COUNTY
OR 1663, PG 289
S84'26'56 "E FOLIO NO. 00726720402
5.00' i 04TCE
N05'33'04 "E /100 SF
LEGEND
RW ■e RIGHT —OF —WAY
OR = OFFICIAL RECORDS BOOK
PB a PLAT BOOK
PG = PAGE
POB m POINT OF BEGINNING
POC a POINT OF COMMENCEMENT
NO. s NUMBER
S.R. a STATE ROAD
AKA ALSO KNOWN AS
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1663, PAGE 289 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE S89'43'38 "E FOR 41.31 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL RECORDED IN OFFICIAL
RECORDS BOOK 1663, PAGE 289;
THENCE LEAVING SAID SOUTHERLY BOUNDARY, N0533'04 "E FOR 17.20 FEET, TO THE POINT OF BEGINNING OF THE
PARCEL DESCRIBED HEREIN;
THENCE N05'33'04 "E FOR 20.00 FEET;
THENCE SBV26'56 "E FOR 5.00 FEET;
THENCE S05'33'04"W FOR 20.00 FEET;
THENCE N8426'56W FOR 5.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
MICHAEL A.
TEMPORARY TEcM - Row
CONSTRUCTION EASEMENT JUIM 15 2012
DURATION 3 YEARS.
PROFESSIONAL LAND SURVEYOR LS# 5301
L
L
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
A"n & 2012 Ate AM M\200e \0"Wj.00.00 US, a CRDSt :+b—"*
h,pror. " Md C.RY61 RM \aw[ rpm \Pe I- Survey \Shntch Md Da dmi— %Ter -mv a... � �,.,, .,......... --
PROJECT: U.S.41/C.R.951/S,R.951
SKETCH AND LEGAL DESCRIPTION
PARCEL 104TCE: TEMPORARY CONSTRUCTION EASEMENT
PREPARED FOR: COLLIER COUNTY GOVERNMW/BOARD OF COUNTY COMMISSIONERS
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE
90081.00.00 1 3 51 S 26E 1 " = 40'
6810 Willow Park Drive, Suite 200
Napbe, Florlda 34109
Phone: (239)697 -0575 FAX: (239) 697.0678
LB No.: 6952
DATE DRAWN BY FILENAME SHEET
13 12 R.A.K. SKD_104TCE 1 of
1